GENERAL TERMS AND CONDITIONS OF RENTAL OF A VEHICLE “W DROGE 24”

1. On the basis of these general terms and conditions of vehicle rental (OWNP), the company “W DROGE 24”, hereinafter referred to as the Lessor, concludes rental agreements with natural persons and legal persons, hereinafter referred to as the Lessee.

2. Definitions

Landlord – ON THE WAY Agnieszka Glenszczyk Tax identification number 6482497917 Regon 523872620 Telephone number 600500662

Lessee – a natural person over 18 years of age or a legal person

Rental Agreement – concluded between the Lessor and the Lessee, the subject of which is the Vehicle selected by the Lessee from among the Lessor’s offer

Rental Period – the period counted from the date and time of the start of the rental to the date and time of the end of the rental;

Vehicle – a passenger car in the Lessor’s offer, constituting the subject of the lease;

Damage – damage to property resulting from a road accident;

Operational damage – damage caused as a result of ordinary (operational) wear and tear of the vehicle or its parts or its equipment, and damage that a third party is obliged to repair on the basis of a guarantee or warranty for physical defects. Operational damage shall be deemed to be other damage arising directly as a result of operational damage;

Own share in the Damage – the amount agreed in the contract, constituting the Lessee’s share in each damage;

Immobilization of the Vehicle – the condition of the Vehicle that prevents its further use on public roads in a safe manner or in accordance with the road traffic regulations due to its technical condition;

Event – damage, destruction or loss of property constituting the subject of the Rental Agreement;

Day – a period of 24 hours;

Appropriation – unlawful incorporation of the Lessor’s vehicle and/or equipment into its property, which was previously in the Lessee’s legal possession, in particular refusal to return the vehicle at the request of the owner of the vehicle after termination of the contract that entitled the Lessee to use the vehicle;

Driver – a person indicated by the Lessee as authorized to use the rented Vehicle, having the required permissions and over 18 years of age;

Substitution report – a document drawn up by the Lessor, specifying the condition of the Vehicle before the commenced rental period;

Return report – a document specifying the condition of the Vehicle, drawn up by the Lessor when returning the Vehicle after the end of the rental period;

3. RENT

The documents necessary to conclude a rental agreement are:

• Driving license. B
• Identity card (passport)
• In the case of entities conducting business activity, an extract from the National Court Register or CEIDG (in the absence of an owner, an appropriate power of attorney)
• The Lessee declares that he has valid licenses required to drive the rented Vehicle in accordance with the signed Rental Agreement. If he does not have them, he should indicate a Driver with the required permissions.
• If the rented Vehicle is to be driven by a person other than the person signing the Lease Agreement document, the Lessee is obliged to provide this information to the Lessor before signing the Lease Agreement. The Lessee is then responsible for the actions or omissions of this person as for his own. Apart from the Lessee, another natural person, indicated by the Lessee, may be authorized to drive the Vehicle. In this case, the Lessee, before signing the Rental Agreement, is obliged to provide personal and contact details of the Driver, and the latter is also obliged to present an identity card or passport and a category B driving license.
• The Vehicle is handed over after signing the Rental Agreement in a protocol manner, and the condition of the Vehicle is specified in the Delivery Report, which is an integral part of the Rental Agreement. The Lessor declares that all his vehicles have full scope of OC/AC insurance.
• The Lessee is obliged to return the vehicle to the place, on the date and at the time specified in the Rental Agreement. Otherwise, the Lessee is obliged to inform the Lessor by phone about the changes, no later than one hour before the agreed return of the vehicle. Consent to change the date and place of returning the Vehicle is not granted automatically, the Lessor has the right to refuse without giving a reason. The Vehicle should be returned in a condition not deteriorated by its normal proper use.
• The possibility of extending the Rental Period must be reported at least 24 hours before the agreed time of return of the vehicle specified in the Rental Agreement. The extension requires the consent of the Lessor, confirmed by e-mail or in the form of a text message. The consent is not granted automatically, the Lessor has the right to refuse to extend the lease without giving a reason.
• The Lessor is authorized to collect the Vehicle together with all documents, key and equipment/additions specified in the Rental Agreement and to charge the Lessee with the costs incurred when collecting the car. Failure to return the vehicle on time, without prior notice to the Lessor, may be considered Appropriation and reported to law enforcement authorities.
• The amount of rental fees, deposit and other additional costs are included in the Rental Agreement. Other fees are included in the table of fees, which is attached to these General Terms and Conditions of Rental and to the Rental Agreement.
• The vehicle is returned by signing an appropriate document called the vehicle return report.
• The return of the deposit will be made on the vehicle handover report after prior inspection of the vehicle.
• The decision to return the deposit may be suspended for up to two working days if the condition of the Vehicle may prevent the detection of damage (return of a dirty car). After two working days, the deposit can be returned by bank transfer or in cash at the Lessor’s office.
• If the value of the resulting damage exceeds the value of the deposit paid, the Lessee is obliged to pay the amount due immediately.

4. FEES

• The fee is charged for each started day of the rental, counted from the start time of the reservation.
• As security against possible claims of the Lessor against the Lessee for contractual penalties, damages caused to the Vehicle, rent or maintenance arrears, the Lessee pays a returnable deposit and the rental fee is charged in advance in accordance with the price list in force on the date of signing the Rental Agreement. In the case of long-term contracts, the rent may be paid in installments.
• If the Lessor undertakes debt collection activities against the Lessee, including before the court and the bailiff, the Lessee shall pay the Lessor compensation in the amount of the costs incurred by the Lessor related to debt collection activities, including the remuneration of external entities involved in the activities.
• A fee of PLN 30.00 is charged for each hour of delay in returning the Vehicle. Over 4 hours, another day is charged.
• In the event of failure to meet the deadline for returning the vehicle (over 24 hours), the Lessee is obliged to pay a penalty of 150% of the daily rate specified in the Rental Agreement.
• The Lessor sets the kilometer limit specified in the Rental Agreement, in the event of exceeding it, the Lessee is obliged to pay the amount due for each exceeded kilometer, in accordance with the rate specified in the Rental Agreement. The fee for exceeding the mileage limit is made at the time of returning the Vehicle, and its amount is determined on the basis of the Return Protocol, in which the current mileage of the Vehicle is recorded at the time of its return. Fees and any other costs may be paid by the Lessee by transfer to the bank account indicated by the Lessor, or in cash.
• In the event of failure to pay for the Rental Period within the period specified in the Rental Agreement, the Lessor may terminate the Rental Agreement with immediate effect, charge a penalty for non-contractual use of the vehicle, block and collect the car. For each fine received, the Lessor charges the Lessee for providing information to the law enforcement authority (Police, municipal guard) about the person using the Vehicle in the amount of PLN 100.00 gross.
• If the Lessee intends to cross the border of the Republic of Poland with the rented Vehicle, he is obliged to inform the Lessor about it before signing the Rental Agreement.
• It is strictly forbidden to enter the territory of Ukraine, Belarus and the Russian Federation with the rented vehicle under pain of a penalty the amount of which is PLN 40,000
• The Lessor reserves the right to immobilize/block the Vehicle and terminate the Rental Agreement with immediate effect in the event of a gross violation of the terms of the Rental Agreement and the General Rental Terms. The Lessee is responsible for the actions of persons (including the Driver) whom he has allowed to drive the rented Vehicle, as for his own actions.

It is strictly FORBIDDEN:

• Willful damage to the Vehicle;
• Smoking tobacco in the Vehicle and other tar substances, including electric cigarettes;
• Using the vehicle as a prop for test and test drives, rallies, training and competition drives;
• Use of the vehicle for driving lessons or as a taxi;
• Renting a vehicle for hire;
• Carrying courier and express parcels or performing towing services;
• Wrapping, making repairs, alterations or changes without the Lessor’s consent;
• Exceeding the maximum load capacity of the Vehicle;
• making the Vehicle available to third parties not included in the Rental Agreement;
• Driving a vehicle while intoxicated, under the influence of narcotic drugs or psychotropic substances, in the event of causing any damage under the influence of these drugs/substances/state of intoxication, he is obliged to cover any damage caused; Consuming meals and drinks inside the Vehicle;
• Using the Vehicle on unpaved roads and areas not allowed for road traffic;
• Removing, disassembling or covering markings and emblems from the Vehicle without the Lessor’s consent.

The Lessee is not authorized to commission third parties or perform personally: repairs, alterations, inspections and other maintenance and repair activities of the rented Vehicle without the written consent of the Lessor. In the event of a collision or failure, the Lessee is obliged to immediately notify the Lessor. It is forbidden to continue driving if a defect or breakdown of the Vehicle may pose a threat to road safety or may lead to further losses of the Vehicle. In the event of receiving the consent from the Lessor, the Lessee is obliged to submit invoices for the service performed, return the replaced parts and make a written statement describing the circumstances of the failure or defect. The invoice should be issued with the Lessor’s details.

The Lessee is obliged to bear full financial responsibility for received fines and other unpaid fees.

Immediately notify the Lessor about irregularities in the operation of the Vehicle, immobilization, damage, breakdown, collision, accident or theft by telephone 600500662.

The Lessee acknowledges the need to make the Vehicle available to the Lessor in order to perform periodic technical inspections, tire replacement and periodic inspections. In the event of refusal to provide the Vehicle, the Lessee will be charged with the costs incurred by the Lessor as a result of the losses he has incurred.

5. LIABILITY

The Lessee bears full responsibility for the rented Vehicle from the moment of its release until its return. The Renter is responsible for damages caused by persons to whom the Lessee has made the vehicle available. The Lessee bears full responsibility (also financial) for damages resulting from improper use of the vehicle and bears all costs resulting from the current operation of the vehicle. In the event of a total loss of the vehicle, i.e. when the repair of the Vehicle is unprofitable (as decided by the Lessor) or the Vehicle in question is stolen and the insurer refuses to pay the full amount of compensation, the payment of full compensation will be charged to the Renter. The Lessee bears full responsibility for damages not covered by the insurer’s protection or refusal to liquidate or cover the damage by the insurer.

6. CHARGE OF CHARGES

• Sending a reminder PLN 100
• Handling fines and other additional fees PLN 100
• Each day the vehicle is parked until the damage caused by the Lessee is repaired PLN 150
• Refueling the vehicle with fuel other than the correct price according to the service invoice!!!
• Return of a dirty vehicle inside PLN 49
• Returning a dirty vehicle outside PLN 49
• Upholstery damage (tear hole abrasion) PLN 200
• Soiling the upholstery (need to wash) PLN 250
• Damage to an aluminum rim PLN 400
• Damage to a steel rim PLN 200
• Transport of animals without the consent of the Lessor PLN 200
• Loss of warranty for the vehicle due to the fault of the Lessee PLN 4,000
• Damage to the tire at the fault of the tenant which prevents further driving – the cost of 2 new tires of the same class and brand
• Towing other vehicles PLN 300
• Disassembly, replacement or theft of parts and equipment of the Vehicle, making other alterations or changes without the Lessor’s consent. PLN 2,000
• Smoking tobacco or marijuana PLN 250
• Loss of the registration certificate, registration plate or registration sticker on the windshield PLN 400
• Lost or damaged key/remote from PLN 300 to PLN 1,900
• Making the Vehicle available to an unauthorized person in the Rental Agreement PLN 600

7. GDPR

Legal basis:

Regulation (EU) 2016/279 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/94/EC (General Data Protection Regulation).

Data processing for the performance of the contract:

All data provided by you in the contract – in particular name and surname, PESEL number, address, driving license and ID card details, telephone number, e-mail address, company name and NIP number – will be used only to fulfill the obligations of the contract . Providing data is voluntary, but it is necessary for the conclusion and performance of the contract. All your data will be processed only for the period necessary to fulfill the obligations set out in the contract, and after its expiry – until the claims under the contract expire. The data may be made available to entities providing services to us.

Data processing for marketing purposes:

Name and surname, telephone number and e-mail address will be used for marketing purposes – such as sending advertisements and information about promotions to the e-mail address and telephone number, as well as informing about offers during telephone contact – only on the basis of consent. The data may be made available to entities performing marketing services on our behalf. At the time of withdrawal of the consent granted – by phone, e-mail or in person – the data will no longer be processed by us.

Data processing in justified cases:

We may also use your information to pursue our legitimate interests. In particular when:

• claiming payment for the performance of the contract. The data will be processed until the claims are satisfied or until they expire;
• securing our property, including locating the rented vehicle in the event of its loss, theft or misappropriation, verifying compliance with the ban on leaving the territory of Poland, as well as informing you about upcoming inspection dates or other service activities.