General terms of the contract

General terms of the contract

ADMISSION

Implementing the provisions of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2017, item 1219, as amended), Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free flow of such data and the repeal of Directive 95/46 / EC (Journal of Laws No. 119, page 1), hereinafter: RODO, Act of 16 July 2004, telecommunications law (Journal of Laws of 2017, item 1907, as amended), CARMAS sp. z oo, hereinafter referred to as “Service Provider”, based in Lublin, introduces these Regulations specifying in particular the types and the scope of services provided by electronic means, the terms of providing these services, including technical requirements and prohibitions on the supply of unlawful content, privacy policy,conditions for concluding and terminating contracts for the provision of electronic services and conditions for sending commercial information.

§ 1. GENERAL PROVISIONS

  1. These General Terms and Conditions (hereinafter referred to as “GTC”) describe the terms of renting vehicles in the CARMAS Rent a Car car rental company (the Lessor).
  2. The GTC applies to all Vehicle Rental Agreements (hereinafter referred to as “the Contract”) unless the Agreement provides otherwise.
  3. In the event of a contradiction between the Vehicle Rental Agreement and the GTC, the parties are bound by the Agreement.

 

§ 2. DEFINITIONS

  1. The renter – CARMAS Mateusz Spaczyński with headquarters in Lublin at ul. Niepodległości 26/40 providing rental services for vehicles, represented by authorized representatives;
  2. Renter – a person renting a Vehicle from the Lessor;
  3. Driver – the person (s) indicated in the Agreement by the Lessee, authorized to use the Vehicle for the duration of the Agreement;
  4. User – Tenant and / or Driver;
  5. Vehicle – a motor vehicle subject to the Agreement, together with documents authorizing to navigate Polish roads and keys;
  6. Failure – technical failure of the rented Vehicle, preventing its proper functioning, arose due to reasons not attributable to the User;
  7. Damage – physical damage to the Vehicle or its part and technical malfunction, preventing its proper functioning, which arose as a result of improper use or neglect of the User.

 

§ 3. I’M DRIVING

  1. A tenant can be a natural person who is 21 or a legal person. The driver must be over 21 years of age and have documented authorization to drive the Vehicle for two years.

2. In order to confirm the identity of the driver and the tenant, who are natural persons, it is required to present two of the following documents in the original: driving license, identity card, passport. Copies can be made from these documents, which will be stored in the Carmas Rent a Car database.

3. If the Tenant is a natural person conducting business or legal entity, it is required to attach copies of the relevant registers of these entities to the Agreement confirmed as true copies and a written authorization of the representative of the entity.

4. The Lessor after the conclusion of the Agreement and after meeting the conditions specified in § 4 para. 2, passes to the Lessee for use Vehicle for a specified period of time in the Agreement or for an indefinite period.

4.1. When the Vehicle is released, the Vehicle Handover Protocol will be prepared, constituting an attachment to the Agreement, which determines the condition of the Vehicle at the time of putting it to use by the Tenant.

4.2. The Lessee is obliged to get acquainted with the actual state of the hired Vehicle. All reservations regarding his condition should be reported to the Lessor at the time of issuing the Tenant Vehicle and recorded on the Handover Protocol.

4.3. The report should be signed by both Parties to the Lease Agreement. In the event of the Lessee refusing or not being able to sign the report, it is considered that the technical condition of the Vehicle is consistent with the one described by the Lessor.

5. The tenant, not later than 24 hours before the end of the rental period indicated in the Agreement, may wish to extend the lease.

5.1. On the basis of a telephone or electronic notification, the Lessor may agree to extend the rental period by a maximum of 7 days, provided, however, that the Lessee makes advance payment for the additional rental period as described in § 4 para. 3.

5.2. To extend the lease period by more than 7 days, it is necessary to draw up an Annex to the Agreement, which will be signed with the signatures of both Parties to the Agreement and paying for an additional lease period.

 

§ 4. REMUNERATION FOR THE RENT

  1. Standard rental costs, additional costs and contractual penalties are specified in the Price List (available, inter alia, at https://www.carmas.pl/carmas/cennik-wypozyczalni-samochodow-lublin), which forms an integral part of the Agreement.

2. The remuneration for the rental of the Vehicle is made in advance by bank transfer, by means of a payment or credit card, in cash (only with the consent of the Lessor) or by assignment of receivables from the policy of the offender’s liability (in the case of non-cash Vehicle hiring to an injured person in a collision or traffic accident) ).

3. If the Lessor agrees to extend the lease period referred to in § 3 para. 6, the Lessee is obliged to pay an additional rental period in advance:

a) at the Renter’s facility, or

b) through the transaction portal “TPay.com” by means of a link sent to the Lessee’s e-mail address enabling immediate payment, or

c) by paying in the bank to the account number: 81 1050 1461 1000 0092 0532 9023.

4. In the case of extending the Rental Period by one day, the Lessor may agree to pay the rent for an additional period in advance, but not later than upon the return of the Vehicle.

5. In the event of non-payment by the Lessee of the amount due in due time, the Lessor may without further request for payment terminate the Contract with immediate effect and request the return of the vehicle.

6. If the delay in paying the rent for the vehicle rent is 7 days, and the Lessor has not agreed to set an additional deadline for payment, the Agreement is terminated without the need to terminate it.

 

§ 5. USE

1. The User is obliged to use the Vehicle in accordance with its intended purpose, with due diligence in the field of vehicle operation, and in particular to:

a) having documents provided for by road traffic law,

b) protection of the vehicle against theft (each time the vehicle is closed and alarms are activated and available interlocks),

c) not to leave the Vehicle’s documents in the car while being outside of it,

d) performing at its own expense standard Vehicle service, in particular:

  • refueling the vehicle with the right fuel,
  • checking and replenishing windscreen washer fluid,
  • checking and supplementing, in consultation with the Lessor, cooling fluid, engine oil and other operating fluids with technical parameters defined by the Lessor,
  • checking the efficiency of lights and possibly replacing light bulbs,
  • checking the air pressure in the tires and the condition of the tires,

e) compliance with applicable traffic regulations.

2. All responsibility for the Vehicle and its use by the Driver during the term of the Agreement shall rest with the Lessee. The Lessee is obliged to cover any start caused or caused by the negligence of the Driver.

3. The vehicle can not participate in competitions and sports races, rallies and trainings for them, it can not be used for learning or improving driving. In the event of a violation of this prohibition, a contractual penalty of PLN 1,500 will be imposed on the Lessee.

4. Without the consent of the Lessor, the Vehicle may not leave the territory of the Republic of Poland.It is strictly forbidden to move the vehicle outside the European Union.

4.1. If the Vehicle leaves the RP without receiving the consent of the Lessor, a contractual penalty shall be imposed on the Rentee in the amount indicated in the Price List. In addition, in this case, the vehicle’s leaving the European Union borders means breaching the terms of the contract, threatened with an additional fine of PLN 2,000.

4.2. In the event of the Vehicle leaving the territory of the Republic of Poland, all costs of possible repairs of the car, towing the vehicle outside the Republic of Poland, additional insurance cover the Lessee to the full extent.

4.3. In the case of renting cars that have Polis Assistance, it covers the cost in the scope in which it was concluded.

5. It is forbidden to:

a) making modifications and repairs of the Vehicle without the consent of the Lessor,

b) smoking in the Vehicle,

c) transporting animals,

d) sub-renting the Vehicle and making it available to a person other than the User,

e) towing other vehicles,

f) carrying more people or luggage than specified in the Vehicle registration document.

6. In the event of breakdown of the Vehicle, the Lessee is obliged to immediately notify the Lessor and follow its recommendations. If the failure has an impact on safety or may damage the Vehicle, it is strictly forbidden to use it.

7. The Lessee is responsible for all traffic violations occurring during the term of the Contract. If for any reason, the Lessor will be charged with the above-mentioned charges or incur any other costs related to traffic violations occurring during the term of the Agreement, the Lessee will be obliged to return them and to pay the fee in accordance with the applicable Price List.

8. The Lessor or persons or entities authorized by him have the right to control the manner of use and condition of the Vehicle in the context of the Agreement’s compliance during the Contract.

 

§ 6. RETURN OF THE VEHICLE

  1. The Lessee is obliged to return the vehicle in condition as it was issued (clean inside and outside,

with the same amount of fuel), with additional equipment, unless the Parties stated otherwise in the Handover Protocol.

a) in the time and place specified in the Agreement,

b) to the Lessor’s office immediately upon receipt

from him a call to return the vehicle. The Lessor is entitled to request the return of the vehicle at any time, in particular after the expiry of the Agreement or after it has been terminated as a result of the Lessee’s failure to meet the terms of the Agreement.

2. The return of the vehicle takes place at the moment of handing over the vehicle authorized by the Lessor to the person, together with the registration certificate, proof of liability insurance and keys. In the event of failure to return any of the above elements enabling the use of the vehicle, the Lessee will be charged a fee in accordance with the Price List.

3. If the Lessee does not return the Vehicle within twelve hours from the date specified in the Agreement or the call for return of the vehicle, the Lessor may inform the law enforcement authorities about the appropriation of the vehicle and charge three times the daily rate for each day of delay. In such cases, the Lessor is authorized to collect the car from any place and to charge the Lessee with full costs associated with it.

4. Extending the lease by more than one hour more than the time specified in the Agreement shall result in charging for the next day of rent.

5. In the event that the Lessee returns the Vehicle before the date specified in the Agreement, the Lessee is entitled to a refund of the unused rental time in the amount of 50% of the amount for the unused rental period according to the Price List.

6. At the time of returning the vehicle, a Report of Receipt is prepared, which defines the condition of the Vehicle at the moment of its return to the Lessor. The report should be signed by both Parties of the Vehicle Rental Agreement. However, if the Lessee can not or refuses to sign the Acceptance Protocol, the Lessor will prepare the Acceptance Report as soon as possible, eg after cleaning the dirty vehicle. It is then assumed that the condition of the Vehicle is consistent with the one described by the Lessor.

 

§ 7. DAMAGE OR LOSS OF VEHICLE

1. The Lessor ensures a good technical condition of the Vehicle at the time of its rental.

2. The User is obliged to get acquainted with the vehicle insurance terms and conditions, under pain of full liability for the damage caused.

3. In the event that the Vehicle is damaged, especially as a result of a collision or traffic accident, its user:

a) is obliged to secure the Vehicle and prevent its further damage.

b) is obliged to contact the Lessor as soon as possible and to summon the Police to the place of the event.

In the event of not being notified of the Police incident or failure to inform within 5 hours of the event about the fact of the Lessor, the Lessee bears full responsibility for the event and is obliged to cover all costs related to the event, including the costs of repairing the vehicle, regardless of the option of releasing it from charges for damage to the vehicle (paragraph 4.1).

c) If the perpetrator of the incident is the driver of another vehicle, the Lessee’s release from liability for damage caused, as referred to in paragraph. 4, it will be possible under the condition of calling the police station and informing the Lessor from which command / station the patrol has arrived at the place of the event. If it is possible, you should also get the details of the event’s offender, the registration number of his vehicle and the insurance policy number.

4. Subject to the provisions of 3 points bic and paragraph 4.1. The Lessee is responsible for any damage to the Vehicle that occurred during the rental. damage to the upholstery, scratches or dents of the body or cockpit, damage to tires, rims and glazing by paying a fee in the amount indicated in the Price List. The Lessee is also responsible for any deficiencies in the equipment of the vehicle or its parts.

4.1. The Lessee’s liability for damage caused to the Vehicle during the rental period may be abolished under the condition of making an additional payment in the amount specified in the Price List. However, this exemption does not apply to intentional damages, damage to the interior of the vehicle (eg upholstery, seat covers), missing equipment or parts of the vehicle, damage to aluminum rims, damage to tires and windows (unless covered by insurance) and in the event of failure to comply listed in § 7 para. 3.

5. In the event of the theft of the Vehicle, the Lessee is obliged to inform the Lessor within one hour of noticing this event and return the keys and Vehicle’s documents to the Lessor within 24 hours.

5.1. In the event of failure to comply with this obligation, as well as in the event of loss or theft of the Vehicle resulting from the User’s action or negligence, the Lessee will be charged an amount equivalent to the market value of the lost / stolen vehicle.

 

§ 8. CONDITIONS FOR PROVIDING SERVICES BY ELECTRONIC MEANS

  1. The Service Provider provides services to the Customer in the scope and on the terms specified in these Regulations or an individual offer, if such has been submitted and accepted by the Client.
  2. The Client agrees to comply with these Regulations.
  3. The Service Recipient is obliged to use the Website of the Service Provider in a manner consistent with the law, respecting personal rights as well as copyrights and intellectual property of the Service Provider and third parties.
  4. The Service Recipient is obliged to comply with the prohibition of abuse of electronic communication means and failure to provide by the Service Provider to the following contents:
  • – causing disruptions in work or overloading the ICT systems of the Service Provider or other entities that participate directly or indirectly in the provision of electronic services,
  • – infringe third-party goods, generally accepted social standards or are inconsistent with generally applicable laws.
  1. The Service Provider reserves the right to conduct maintenance works of the ICT system that may cause difficulties or prevent the Service Recipients from using the services.
  2. In special cases affecting the security or stability of the ICT system, the Service Provider has the right to temporarily cease or reduce the provision of services without prior notice and maintenance work aimed at restoring the security and stability of the ICT system.
  3. The Service Provider provides the Service Users that the personal data provided by them will be kept secret by the Service Provider which includes information provided on the public Internet and related to and entered by the Service Users only within the Service Provider’s IT system and only if the information is not publicly available or their disclosure is not necessary for the proper provision of the service to which they relate. The information provided by the Recipients may be disclosed only with prior consent of the Service Recipient or if such obligation results from the applicable provisions of law.

 

§ 9. The minimum technical requirements needed to use the services provided electronically

  1. Technical requirements necessary to use the Website of the Service Provider:
  • – a computer, laptop or other multimedia device with Internet access with a web browser supporting HTML 5;
  • – access to electronic mail;
  • – enabling cookies and Javascript support in the web browser.

 

§ 10. Particular risks related to the use of the service provided electronically

  1. The use of services provided electronically involves the risk of infecting the IT system with undesirable software, including the one whose only purpose is to cause damage.
  2. In order to avoid the risks related to unwanted infections of the IT system, it is recommended to install antivirus software on the computer the Recipient uses. It is recommended that the antivirus program be constantly updated as soon as the updates are possible to install.
  3. Additionally, it is recommended that the Client has a system firewall running on the computer.
  4. In addition to the threats resulting from the infiltration of an IT system, there are also hacker attacks among possible threats. The Service Provider declares that it applies security measures to prevent or significantly impede the hacking of the Service Provider’s system.

§ 11. Complaints

  1. Recipients have the right to file complaints about matters related to the issues regulated by these Regulations. Complaints may be submitted in writing, by registered mail to the address of the registered office or in the form of electronic correspondence to the following address: reklamacje@www.carmas.pl

2. A properly submitted complaint should contain at least the following data:

1) the name of the Service Recipient (name, surname / name, address, e-mail address);

2) a description of the problem being the basis for submitting a complaint (subject of the complaint, circumstances

justifying lodging a complaint).

  1. Complaints will be considered within 30 days of their receipt.

4. Acceptance and consideration of the complaint is free.

5. The purchaser who is a Consumer may use an out-of-court settlement

complaints and redress for services provided electronically by means of

Website, which is the procedure for the out-of-court resolution of consumer disputes.

  1. Proceedings regarding out-of-court resolution of consumer disputes between the Customer being a Consumer and CRMAS Rent a Car are carried out by the Lublin Inspector of Trade Inspection in Lublin, on the Consumer or ex officio, if it is required to protect the consumer’s interest. As part of the above-mentioned proceedings, consumer proceedings may be resolved between a Consumer who resides in the territory of the Republic of Poland or a Service Provider other than the Republic of Poland. The application to initiate proceedings may be submitted in paper form or by electronic means.

7. In the event of refusal to accept the complaint submitted by the Consumer in whole or in part, CARMAS Rent a Car informs the complainant of the consent or refusal to take part in the out-of-court resolution of consumer disputes conducted by the Lublin Provincial Inspector of Trade Inspection in Lublin.

8. The application for the initiation of the proceedings regarding extrajudicial resolution of consumer disputes shall contain at least the elements specified in art. 33 para. 2 of the Act of 23 September 2016 on out-of-court resolution of consumer disputes, however, the applicant may request the parties to submit proposals to resolve the dispute.

 

FINAL PROVISIONS

1. In matters not covered by these GTC, the provisions of the Civil Code shall apply.

2. For breaking any of the conditions of the GTC, the Lessor has the right to demand from the Lessee compensation on general terms.

3. The Lessor reserves the right to provide User data to authorities authorized to do so (eg Police, Municipal Guards, GITD).

4. The tenant confirms that the data provided by him

personal data is true and agrees to their storage along with copies of documents in the Renter’s database, as well as their processing in accordance with Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to processing personal data and on the free flow of such data and repeal of Directive 95/46 / EC (Official Journal No. 119, page 1), – GDPR – to implement the Agreement, financial security of the transaction. In the event of non-payment or presentation of false documents, the Tenant’s personal data may be forwarded to the National Debt Register, the Economic Information Bureau, etc.

5. The contract has been drawn up in two identical copies, one for each of the Parties.

I declare that I have read the above General Terms and Conditions of the Agreement and that they are understandable to me and I fully accept them.