TERMS AND CONDITIONS OF CARS

§1
DEFINITIONS

The names and terms used in these Regulations have the following meanings:

  1. TERMS AND CONDITIONS - these Regulations, regarding the conclusion and performance of car lease agreements, specifying the rights and obligations of the parties, rules of use of Cars, complaint proceedings and other issues related to car rental;
  2. AGREEMENT - a Car rental agreement, concluded between the Lessor and the Lessee on the terms described as outlined in these Terms and Conditions;
  3. LESSOR - the side that gives the Lessee a Car for use for the time specified in the Agreement in exchange for remuneration and on the terms described in the Regulations - Start Car Rent Sp. z o.o. Sp. k. with its registered office in Warsaw, Młynarska 42, 01-171 Warsaw, entered into the Register of Entrepreneurs kept by the District Court for the Capital City of Warsaw, XII Commercial Department under KRS number 0000659084, REGON: 366367518, Tax ID: 5272793419;
  4. LESSEE - a party taking a vehicle from the Lessor to use for the time specified in the contract on the terms, described in the Regulations, and obliged to pay the agreed remuneration to the Lessor;
  5. DRIVER - the Lessee or a person indicated by the Lessee, authorized to drive the Car under the Agreement;
  6. CAR - a car belonging to the Lessor's fleet being the subject of the Agreement.

§2
GENERAL TERMS

  1. These Regulations define the detailed Terms and Conditions to the Car Rental Agreement by the Lessee from the Owner, the rules of using the Car, the scope of liability, settlements between parties and the complaint procedure.
  2. The Regulations constitute an integral part of the Rental Agreement.
  3. The Lessee, or the person driving the Car, can only be a person with appropriate permissions, in particular holding a valid driving license of the relevant category. The Lessor is entitled to verify possession of appropriate documents.

§3
TERMS AND CONCLUSION OF CAR RENTAL AGREEMENT

  1. For the conclusion of the Rental Agreement it is necessary to make a reservation. This is done by correctly filling out the reservation form, located on the website at the address start.rent
  2. Reservations can also be made by phone at (22) 120 2221 or in person at the rental.
  3. The conditions specified in the reservation will be confirmed in the Agreement in writing. This contract will be concluded by the Parties at the latest at the time of receipt of the Car.
  4. The rental period and the duration of the rental agreement are determined in hours, giving the start and end date of the contract.
  5. The car is to be picked up by the Lessor, or Driver, at the time and place specified in the reservation. After return of the Car, a vehicle acceptance report will be prepared, containing data identifying the Car, technical condition, mileage, fuel level, return date.
  6. When picking up the Car, the Lessee or the person authorized to pick up the Car will also receive the keys and documents necessary to move the Car on the public road (registration document and liability policy).
  7. The Lessor is entitled to demand a deposit. In such a case, the condition of handing over the Car to the Lessee or a person authorized to collect is paying a deposit in the amount specified in the Agreement. The amount of the deposit may depend on the model of the Car rented or the duration of the lease.
  8. The rental agreement is concluded for the time specified in the Agreement, as per the reservation.
  9. The Lessor shall be entitled to terminate the rental and terminate the Contract with immediate effect in the following situations:
    1. In the event of loss of rights referred to in §2 para. 3 of the Regulations by the Lessee or the Driver of the Car;
    2. Making the Car Hirer available to a third party without prior consent of the Lessor;
    3. The Lessee violates provisions of the Contract, Regulations or provisions of generally applicable law, including traffic rules.

§4
PAYMENT

  1. The rental fee for the Car is paid by the Lessee in advance in one of the following ways: by online transfer or by a traditional transfer, by a payment card
  2. If the Car rental is to last longer than 30 days, the schedule of remuneration payment will be determined individually between the Lessor and the Lessee.
  3. The rates and additional fees are set out in the price list attached to the Agreement.
  4. The Lessor is entitled to keep the deposit in full or in the appropriate part in order to cover the Lessee's amounts due under the Contract, in particular remuneration for rent, additional fees or damages, including damages resulting from the breach of the provisions of the Agreement or the Regulations. The unused deposit or part thereof is returned to the Lessee after the rental is completed.

§5
RIGHTS AND RESPONSIBILITIES

  1. The Lessor will give the Lessee a reserved Car, in a condition that allows proper use of the Car with one set of keys and the necessary documents.
  2. The Lessee is entitled to install a GPS device in the Car.

§6

RIGHTS AND DUTIES. PRINCIPLES OF USING THE CAR

  1. The Lessee is obliged in particular to:
    1. Have the necessary documents with you while using the Car;
    2. Use the Car in accordance with its intended use, comply with the manufacturer's instructions regarding the use of the Car, especially with regard to the appropriate type of fuel;
    3. Caring for the vehicle in terms of its technical condition, cleanliness, visual condition, as well as protection against theft, loss, destruction, damage or prior to access by third parties;
    4. Completion and replacement of operating fluids and incandescent lamps during the lease period;
    5. Securing documents and keys against access by third parties, loss, destruction, damage or loss;
    6. Use of the Car in accordance with the law;
    7. Compliance with the daily kilometric limit, if such a limit has been set.
  2. The Lessee will refrain from:
    1. Driving a Car under the influence of alcohol, drugs, narcotics or other means that may affect the ability to drive a Car;
    2. Making changes, modifications, improvements, modifications to the Car, in particular by adding or removing items of equipment;
    3. Use of the Car contrary to the applicable legal order;
    4. Using the Car to commit a crime or in connection with a crime;
    5. Smoking in the Car of any products, especially tobacco and e-cigarettes or putting in the Car things that may leave the smell, color, substance or otherwise affect the condition of the Car;
    6. Transporting more people or more than the maximum weight of the Car;
    7. Towing other vehicles or trailers or using the Car to start another vehicle;
    8. Use the Car to participate in races, rallies or other competitions.
  3. The Lessee or the Driver of the Car is not entitled to leave the Car outside the territory of the Republic of Poland without prior consent of the Lessor.
  4. The Lessee, or the Driver, of the Car is not entitled to make the Car available to a third party, to sublease it, to lend it or transfer the rights and obligations arising from the Agreement to a third party without prior consent of the Lessor.
  5. The Lessor is entitled to verify the rights of a third party before granting the consent referred to in paragraph 4, as well as during the term of the Agreement.
  6. The Lessee and Driver are responsible for compliance with the lease conditions.
  7. The Lessee is obliged to return the Car in the place and time stipulated in the Agreement, undamaged, complete and clean, with fuel in the quantity as it was at the beginning of the lease.
  8. In the event of the Lessee's delay in returning the Car, the Lessor is entitled to demand compensation for damage in the form of damage suffered and lost profits.
  9. If the Car is switched off due to reasons beyond the Lessor's control, the Lessee may replace the damaged Car with another one of a similar standard.

 

§7
DAMAGE, DAMAGE OR LOSS OF THE CAR

  1. In the event of theft, loss, damage or damage to the Car, the Lessee is obliged to immediately notify the Lessor and the competent authority, including the Police.
  2. The Lessee is also obliged to secure the Car, which will prevent further damage, total damage or loss.
  3. In the event of damage to the Car, the Lessee will be required to pay a contractual penalty, in accordance with the provisions of the Agreement, in the amount and on the terms specified in the Agreement.
  4. The vehicle being the subject of the lease has valid third party liability insurance, liability and personal insurance. The Lessee accepts all insurance terms specified by the insurance company, in particular regarding the loss of the vehicle along with the documents.
  5. The Lessee bears full responsibility for the damages and undertakes to cover them in full in the event of:
    • intentional action or resulting from gross negligence;
    • damage to tires, rims, vehicle interiors, including permanent stains on the upholstery;
    • driving a car in a state of intoxication, under the influence of drugs or other psychoactive substances, or without a valid driving license;
    • failure to return a registration certificate or keys when the vehicle has been stolen;
    • Fleeing the scene of an accident;
    • leaving the vehicle abroad without the consent of the Lessor;
    • refusal to pay compensation by the insurer through the fault of the Lessee;
    • no detailed description of the circumstances of the damage or failure to provide the required documents.
  6. In the event of damage to the vehicle due to the Lessee's fault outside the country, the Lessee undertakes to cover the costs of towing the vehicle to the Polish border.
  7. The Lessee's liability for motor, parking or theft damage (subject to §7 section 5 of the Agreement) is a withheld deposit until an estimate from the Dealer of the rented vehicle brand is established . If the value of the damage is lower than the value of the deposit, the Lessee's share is equal to the value of the loss. The value of the damage is determined on the basis of the cost estimate of the Dealer of the rented vehicle brand. The own contribution does not apply in the case of damage with a determined perpetrator of an incident in which the Lessee is not the perpetrator of an accident, which has been confirmed by the Police and allows for the liquidation of the damage from the perpetrator's policy.
  8. The Lessor may take advantage of the payable withdrawal of his own contribution, according to rates from the price list.
  9. The abolition of the own contribution and the mileage limit of the kilometers traveled does not apply if the booking is not paid in full.
  10. If the driver causes an accident when under the influence of alcohol or other intoxicants, or at the time of the incident does not have a valid driving license, START CAR Rent Sp. z o.o. sp. k. reserves the right to claim additional compensation for damages and material losses.

§8
RESPONSIBILITY

  1. The Lessor is not responsible for the items stored in the Car, carried in the Car or in any way connected to the Car by the Lessor, the Car Driver or the person indicated by the Lessee. The Lessee shall release the Lessor from any liability towards third parties related to the transported items.
  2. The Lessor shall not be liable for tort, any damage, non-performance of any obligations, including payment of applicable parking or road charges, offenses or crimes committed during the Contract by the Lessee, the Driver, in the Car or the person to whom the Car was made available. The Lessor is entitled to provide the competent authorities with information about the person using the Car at any given time.

§9
WITHDRAWAL FROM THE AGREEMENT

  1. The Lessee who is a consumer is entitled to withdraw from the Rental Agreement concluded remotely or outside the business premises within 14 days from the date of concluding the Agreement. The withdrawal is made by submitting to the Lessor a declaration of withdrawal at the Lessor's headquarters, by post to the address of the Lessor indicated in the Regulations, by e-mail to the address info@start.rent, by phone at 22 1202221.The form of the declaration of withdrawal is attached to the Regulations.
  2. In the event of making a reservation and / or entering into an Agreement whose performance is to be effected within 14 days, the Lessee who is the consumer collecting the Car consents to the performance of the Agreement and acknowledges that it means no withdrawal from the Agreement.

§10
COMPLAINT PROCEDURE

  1. In the event of improper completion of the lease by the Lessor or in the event of the Lessor's violation of the provisions of the Agreement or the Regulations, the Lessee who is a consumer is entitled to submit a complaint.
  2. Complaints may be submitted in person at the premises of the Lessor or at the place of collection or return of the Car, sent by mail to the Lessor's office, by phone at 22 1202221 or by e-mail to info@start.rent
  3. The complaint should contain at least the name and surname, contact details, specific rental agreement, description of the Lessee's irregularities and reservations, amount to be paid, bank account number or address appropriate for payment, address and form in which the reply to the complaint should be sent , signature of the person lodging the complaint in the event of a written complaint.
  4. The complaint will be processed immediately, no later than within 30 days. A response to the Complaint will be forwarded to the Lessee in paper form or on another durable medium.
  5. Detailed information on the possibility of a Lessee who is a consumer can of court ways of dealing with complaints and rules of access to these procedures is available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations, whose statutory tasks include consumer protection, Voivodship Inspectorates of the Trade Inspection and the following Internet addresses of the Office of Competition and Consumer Protection: https://www.uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php; https://www.uokik.gov.pl/sprawy_indywidualne.php and https://www.uokik.gov.pl/wazne_adresy.php.
  6. The Lessee who is a consumer has, in particular, the following options for extrajudicial ways of dealing with complaints and redress:
    1. Asking the Permanent Consumer Arbitration Court to file a dispute arising from the contract (http://www.spsk.wiih.org.pl/)
    2. Addressing the Provincial Inspector of Trade Inspection with a request for undertaking mediation activities in order to amicably settle the dispute between the consumer and the entrepreneur (eg http://www.wiih.org.pl/index.php?id=137)
    3. Using free poviat (municipal) consumer ombudsman or social organization assistance, whose statutory tasks include consumer protection (including Consumer Federation, Association of Polish Consumers)

§11
PERSONAL DATA

  1. Lessee's personal data will be processed by the Lessor in accordance with the provisions of the Act of 29 August 1997 on the protection of personal data and in accordance with the Lessee's statement of consent to the processing of his personal data contained in the Agreement.
  2. The statement contained in the Agreement applies in particular to data such as first name, surname, address, e-mail address, contact telephone number and bank account number for the performance of the Agreement and related settlements, as well as for the complaint procedure.
  3. The provision of personal data by the Lessee is voluntary, but necessary for the proper implementation of the Agreement.
  4. The Lessee has the right to access his data and correct them, as well as to request their removal.
  5. The administrator of the personal data is the Lessor.

§12
FINAL PROVISIONS

  1. In matters not regulated in the provisions of the Regulations or in the Agreement, generally applicable provisions of law shall apply.
  2. At the request of the Lessee, these Regulations may be sent by e-mail to the e-mail address indicated by the interested party.

 

WYNAJMUJĄCY NAJEMCA

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