CAR RENTAL AUTO TEX VIP SERVICE LESZEK PAULUS – TERMS AND CONDITIONS
General provisions
1. These Terms and Condtions (which we’ll refer to as ‘T&Cs’ from here onwards) specify the terms and conditions of car rental agreements concluded by AUTO TEX VIP SERVICE LESZEK PAULUS, as a car rental company in every way. The Regulations apply to all lease agreements, unless the contract provides otherwise.
2. The Pricelist is an integral part of the T&Cs.
3. The T&Cs constitute an integral part of the vehicle rental agreement.
4. Parties:
a. Client (Lessee): consumer and entrepreneur
b. Owner (Lessor): AUTO TEX VIP SERVICE LESZEK PAULUS
5. The Client (Lessee of a vehicle) and the person authorized to drive the car may be a person who is over 21 years old and has a valid ID card (in the case of a foreigner – a valid passport) and for at least three years has a valid driving license. These requirements indicated in this point are valid for the entire duration of the lease agreement. If the Lessee and / or the person specified in the rental agreement fails to meet the requirements specified in this clause, the Lessor shall be entitled to terminate the lease agreement immediately.
6. The vehicle may be driven only by the person meeting the requirements set out in sec. 5 of the T&Cs, a person mentioned in the rental agreement or by a person authorized in writing by the Lessor to drive a car. The rented car cannot be sublet or handed on to another person without the prior written consent of the Lessor. The car can not be handed over by the Lessee to a person not mentioned in the rental agreement.
7. In case authorization for a person to drive a vehicle is cancelled by the Lessee, the Lessee is obliged to immediately inform the Lessor of this change. In the absence of notification, the Lessee is responsible for the damage suffered by the Lessor in connection with the lack of knowledge of the above-mentioned cancellation of the authorization.
8. The Lessee will ensure that the provisions of the T&Cs and / or rental agreement regarding the Lessee’s obligations and rules of behavior in the event of a car accident or a breakdown are to be respected by the persons authorized personally by him or the Lessor to drive the car under the Lessee’s responsibility for any damage suffered by the Lessor. The Lessee is obliged to familiarize the authorized driver of the vehicle with the duties related to the operation of the vehicle every time.
9. The lease period begins from the date of issuing the rental agreement or from the date of handing over the vehicle, indicated in the vehicle rental agreement, depending on which took place first, unless the parties agree otherwise.
10. In the case Lessor after signing the rental agreement becomes aware of a possible postponement of the vehicle transfer date, for any reasons, he will immediately notify the Lessee and the parties jointly decide on the date of handing over the vehicle.
11. In the cases provided for in the T&Cs for contractual penalties, both the Lessor and Lessee have the right to demand payment of supplementary compensation if the damage suffered by the Lessor exceeds the value of the contractual penalty.
12. All payments for the vehicle rental shall be made at the office of AUTO TEX VIP SERVICE LESZEK PAULUS located at Al. Gen. Józefa Hallera 128 in the city of Gdańsk, unless agreed otherwise.
Duties of the Lessee
Terms of use of the vehicle
The Lessor will not take responsibility for mechanical damage to the car’s elements, resulting from the Lessee’s failure to fulfill the obligations set out in this chapter.
13. During use, the Lessee or the person authorized to drive the vehicle is obliged to:
a. To have at hand valid documents required by traffic control (valid driving license, registration document, liability insurance, car rental certificate and medical certificate, if required).
b. Securing the car and equipment against possible theft (reassuring that the car is closed, carefully securing documents and keys outside the vehicle),
c. to make efforts at thier own cost to service the car on a daily basis (checking and replenishing engine oil, coolant, windscreen washer fluid, checking tire pressure and condition of tires, signaling, passing and driving lights),
d. to use a fuel type according with the engine specification, given in the registration certificate and in the technical documentation of the vehicle and not to use fuels with BIO components.
e. to keep the car clean from dirt – especially these resulting from the transport of messing load with intense fragrances
Driving a rented vehicle outside of the Republic of Poland is allowed provided that the Lessor has previously expressed it in a written consent granted at the request of the Lessee.
14. In the event of violation of the rules set out in point 14 of the T&Cs by the Lessee, the Lessee is obliged to immediately inform the Lessor about the violation of point 14, and in the event of necessity to repair or tow the car outside Polish borders. The Lessee will also be charged with any costs incurred.
15. In particular, it is forbidden to:
a. to tow other vehicles with a rented car without the consent of the Lessor
b. to exceed the permissible load,
c. to smoke in the car,
d. to make any changes to the rented car or other changes that are contrary to its properties and purpose without the consent of the Lessor.
e. to transport any animals inside the car without the consent of the Lessor.
In the event of a violation of this section, the Lessor may impose a contractual penalty on the Lessee. In the case of introducing any alterations to the rented car, mentioned in the item d) of this clause, the Lessor reserves the right to charge the Lessee with the costs of restoring the vehicle t its previous condition and demanding payment for the value loss of the vehicle caused by the alterations.
16. The Lessor or other persons authorized by him, has the right to control within Lessor’s working hours, manner of use and condition of the vehicle and Lessee’s documents related to the rental circumstances. The Lessee’s obligation is to allow inspection and give access to the documents.
Charges
17. The rental fee is calculated for 24 hours. The delay up to 59 minutes in returning the car over the contractual time does not result in extra charges.
18. The rental fee is charged in advance according to the rate valid on the day of the rental agreement.
19. The Lessee cover all costs related to the international transfers of payments made under the rental agreement.
20. In case of lack of timely payment of the rent, at least for one payment period, the Lessor may, without additional request to pay and without setting an delayed payment date, terminate the contract with an immediate effect and charge the Lessee with interest at the statutory rate for each day of a delay in payment.
Return or replacement of the vehicle
21. After the end of the rental agreement, the Lessee is obliged to return the vehicle to the place determined by both Parties within the period specified by them. If the vehicle is returned outside the registered office of the company where the vehicle was issued, the Lessee is obliged to pay an additional fee in accordance with the pricelist, unless agreed otherwise.
22. The extension of the rental period requires the consent of the Lessor. The intention to extend the car rental period must be notified at least 12 hours before the return period. An extension of the rental period by 24 hours must be agreed by phone or fax, it may also be made personally at any of the Lessor’s office points. Prolongation of the lease for a period longer than 24 hours must be made at the headquarters of AUTO TEX VIP SERVICE LESZEK PAULUS.
23. No notification of the intention to extend the car rental and failure to return the car within 24 hours ater the return period is treated as a misappropriation of the car (offense under Article 284 of the Criminal Code) and the Police are reported.
24. A statement on the termination of the lease agreement should be made in writing, by registered mail, by fax or via e-mail.
25. In the event of termination of the rental agreement without a period of notice, the Lessee must immediately indicate the parking place of the rented vehicle and to return it to a place previously agreed by the Lessee and the Lessor within 12 hours. If the car is returned to a different place than the one agreed upon in the rental agreement, the Lessor has the right to charge the Lessee with the costs of transporting the car to the above-mentioned place.
26. In case of a delay in returning the car, the Lessee is obliged to pay contractual penalty according the the rates defined in the Pricelist for each day of delay in returning the subject of the lease. In case the Lessee will fail to return the car on agreed time, the Lessor is authorized to collect the car, keys, policy, vehicle documents from the Lessee and to charge the Lessee the full costs incurred to collect the car.
27. The Lessee is obliged to return the car with the exact amount of fuel as he received when collecting the car. For any amount of fuel, supplemented by the Lessor, the Lessee pays the fee at the rate valid on the date of returning the car.
28. Immediately after returning or exchanging the vehicle used by the Lessee or after after the Lessor has received the insurer’s neative decision to pay compensation, the Lessor reserves the right to charge the Client with the following costs:
a. missing car equipments or its parts and compensation for excessive wear of the car inside or outside,
b. damage caused by the improper use of the car or negligence of the Lessee, and not resulting from the risks covered by the insurance policy (eg damaged mirrors, broken headlights, minor damage to car body elements
c. real damage not reported by the Lessee to the insurer upon their occurrence or damage not covered by the insurer’s liability,
d. real damages in a situation where the Lessor does not obtain – despite due diligence – compensation from his insurance company, and
the reason for effective refusal to pay compensation is within Lessee’s responsibility.
e. removal of other damages and costs of restoring the vehicle to a condition corresponding to the normal consumption, including costs of a
car wash and upholstery cleaning
f. compensation for the loss of value of the vehicle as a result of an accident if the cause of the accident was at fault or partly due to the Lessee or the person driving the vehicle or the passenger or for the loss of value of the vehicle resulting fromother changes contrary to the properties and purpose of the vehicle implemented without a consent of a Lessor.
29. The Lessee is responsible for the lack of parts and equipment as for a damage at his fault resulting from improper use and protection of the car and loss of documents.
30. In the event of loss by the Lessee of one of the following elements: vehicle registration certificate, registration plate, policy, car keys or elements indicated in the VEHICLE LEASE AGREEMENT, the Lessee will be charged for the costs of new documents or license plates or keys.
Service, technical inspections, repairs
31. The Lessee understands the necessity of making the car available to the Lessor in order to perform a periodical (technical) inspection.
32. The Lessee is not authorized to request repairs, alterations, inspections or other repairing and servicing activities of the rented car at the expense of the Lessor, without getting a written consent of the authorized representative of the Lessor. In case of a breakdown or a traffic accident during the period of use of the vehicle, the Lessee is obliged to immediately inform the Lessor, ie AUTO TEX VIP SERVICE LESZEK PAULUS, and follow the instructions. If the fault may cause threat to road safety or lead to further car damage, it is forbidden to continue driving until it is removed. The Lessee is allowed to repair the car on his own only after receiving the written consent from the Lessor regarding the place and scope of the repair. In this case, he is obliged to submit bills for the services rendered, to return the replaced parts and to submit a statement explaining the circumstances of the failure.
33. The Lessor returns all the documented costs of the repair after veryfing the merits of the repair and lack Lessee’s fault in the cause of the damage. Damage, accident, car theft – procedure
34. In case of a vehicle damage, accident, car theft, damage as a result of breaking into the car or other act forbidden by law, loss of keys to the vehicle, the Lessee is obliged to inform the Lessor, by contacting the office of AUTO TEX VIP SERVICE LESZEK PAULUS on the number mentioned in rental agreement and proceeding according to the instructions received, including, first of all, reporting the damage to the Insurer indicated in the insurance policy, and also to immediately call the Police.
35. Unless the Lessee inform the Lessor about the incidents listed in point 34, he (the Lessee) will be charged with the total cost of repairs and other costs related to the repair incurred by the Lessor.
The Lessor’s responsbilities
36. Unless the agreement states otherwise, the Lessor is not resonsible for any damage suffered by the Lessee as a result of a car breakdown, car damage or an accident, unless the damage was caued as a result of the Lessor’s improper performance of his duties.
37. In the event of immobilisation of the rented car lastingmore than 24 hours, The Lessor is obliged to provide the Lessee with a replacement vehicle if he has an available car. The time of delivery of the replacement vehicle is calculated from the moment the Lessor obtains information from the Lessee ( or the person driving the vehicle) about the event immobilizing the car or from the moment the Lessor finds that immobilization of the rented car will last longer than 24 hours.
The Lessee does not pay the rent for the period of waiting for a replacement car. The replacement car will not be available if:
a. Occurrence of at least one of the events: loss of the registration certificate, insurance policy, car keys, registration plates (s)
b. immobilization of the rented vehicle happens outside the territory of the Republic of Poland.
Insurance of the vehicles
38. Whenever the T&Cs refer to a “fee due to an event”, it should be understood as the payment which the Lessee (Client) must pay to the Lessor regardless of the Lessee’s fault and regardless of the amount of the Lessor’s damage and the amount of compensation received by the Lessor. Regardless of the mentioned fee, the Lessor is entitled to claim compensation on general terms.
39. The car has current insurance (subject to contractual penalty and fees related with the event) which cover:
a. intentional damage to the vehicle,
b. damage cased while driving after alcohol consumption or in state of intoxication, after using drugs or psychotropic substances and/or without a valid driving license,
c. damage to the vehicle in the event of speeding or in the event of committing another gross violation of traffic regulations (the Insurer reserves the insured’s own interest – franchise or the insurer’s liability is totally excluded for damage),
d. situation in which the driver escaped from the scene of the accident,
e. damage caused while driving by the person who is not authorized by the Lessor to drive a car,
f. total loss, settled damage and theft of the car with the exception of point 39 items h. and i. of the T&Cs (the Lessee will be charged an administrative fee in connection with the event in accordance with the attached Pricelist),
g. all partial damages (the Lessee will be charged an administrative fee due to the event),
h. car theft, if the Lessee is unable to deliver the keys and / or registration document of the stolen vehicle – the entire cost is on the Lessee’s side.
i. car theft in which not all anti-theft devices installed have been activated – the entire cost is also on the Lessee’s side.
j. breaking into, as a result of which the radio was stolen – the entire cost is covered by the Lessee.
k. other special circumstances resulting from the general conditions of insurance contracts or policies,
In the above-mentioned cases, the damage is covered completely or partially by the Lessee. The Lessee is obliged to get ackowledged with the provisions of the policy, general terms and conditions of car insurance contracts and changes in the general terms and conditions of car insurance contracts and comply with the provisions contained in the terms. In the event of authorizing other driver of the vehicle – also instruct the person driving the vehicle about the obligations resulting from the above-mentioned documents. If he neglects to istruct the authorized driver about the obligations, he is liablefor the damage done.
40. Cars can obtain Liability Insurance in foreign traffic (the so-called Green Card). This insurance can be issued after notification of the fact that the Lessee plans to travel abroad for a minimum of 24 hours before the rental starts.
41. All cars have anti-theft protection.
Rental agreement via online form
42. Conclusion of the rental agreement with the Lessor by completing and accepting the online form is subject to point. 43.44 and 46 of the T&Cs, based on the offer submitted via online form available on the Lessor’s website (www.autotex.com.pl) and the Lessor’s statement about the acceptance of submitted in the above-mentioned manner of the Client’s offer.
43. Once the Client submits the offer in this manner, the Lessor is obliged to send the Customer a statement on the acceptance or non-acceptance of the offer within according to point. 42 of the T&Cs within 48 hours to the e-mail address provided by the Client. Providing that the Client pays the rental fee indicated in point. 46 of the T&Cs using the Lessor’s website by credit card via the eCard trading platform.
44. If the payment of the rental fee mentioned in point 46 of the T&Cs takes place in a different manner than the one indicated in point 43. of the T&Cs (via e-Card transaction platform), filling the online form by the Client is considered as the initial offer and making payment (specified in point. 46 of the T&Cs) to the bank account of the Lessor specified on its website is treated as the final submission of the offer. Immediately after receiving confirmation of money transfer on the aforementioned bank account, the Lessor is obliged to send the Client a statement of acceptance or non-acceptance of the offer within the meaning of point. 42 of the T&Cs to the e-mail address or fax number provided by the Client.
45. If the Lessor for some reason can not provide the car of the class selected by the Client on the date specified in the online form, the Lessor shall provide the Client with a higher class vehicle, using the identical rental rate as for the class of a vehicle ordered. If the Lessee does not accept the change to a higher class car, he has the right to resign from the contract within 7 days from the notifications on on the lack of possibility to rent the ordered vehicle. If it is not possible to provide the Lessee with a higher class vehicle, the Lessor is entitled to withdraw from the contract for the amount equal to the Booking Fee by the date of delivery. In such case, the Lessor shall return to the entire BookingFee or the amount of the rent paid when placing the order.
46. The conditions for acceptance of the offer by the Lessor are:
a. Client’s acceptance of the T&Cs by filling the online form available on the Lessor’s website with all required data. A message confirming successful booking completion should be displayed on the screen.
b. meeting the conditions indicated in point 5 and 48 of the T&Cs,
c. placing an order at least 72 hours before the planning date of delivery of the car specified in the online form,
d. Client’s consent to charge his / her credit card with partial payment for rent (hereinafter referred to as the Booking Fee) or total amount of the rental fee and actual charging of the card with the above amount. Payment can also be transfered to the Lessor’s account indicated on the Lessor’s website .
47. If between the date of concluding the contract (according to points 43 and 44) and the date of the reception of the vehicle indicated by the Lessee is more than 10 days, the Lessee may withdraw from the contract within 10 days from the date of its conclusion with refund of: the whole Booking Fee or the full amount of the rent paid while placing an order. In any other circmstances, the Lessee may also withdraw from the rental agreement with the refund of the full Booking Fee or the full amount of the rent paid while placing the order, provided that the statement is submitted by fax or delivered to the Lessor’s office at least 2 hours before the date settled by the parties.
48. After 2 hours prior the date settled by the parties to receive the vehicle, the Lessee may withdraw from the rental agreement only for th amount equal to the Booking Fee, by way of a fee. The landlord will then be obliged to return the renter, within 7 business days, to the amounts paid in excess of the Booking Fee.
49. The car may be picked up by the Lessee in person or by a person indicated by him with a valid authorization issued by the Lessee. At the time of the car reception, the Lessee is required to have at hand:
a. Valid ID card / if the Client is a foreigner – a valid passport,
b. Driving license valid in the territory of the Republic of Poland,
c. Cash in order to make the neccesay payments for rent,
d. in case when the Lessee indicates other persons authorized to drive a vehicle in the online form – the originals of the relevant documents indicated in point a) and b) of this point of the T&Cs,
50. In case in which the Lessee or other person indicated by him in the online form under “DRIVER’S DATA”, fails to meet the requirements provided for in point. 5 and / or point 48 of the T&C, the Lessor has the right to withdraw from the rental agreement immediately. In this case, the Booking Fee is not refundable. The Lessor shall be obliged to return to the Lessee only amounts paid in excess of the Booking Fee within seven working days.
51. If the Client fails to pick up the vehicle on the date agreed by the parties up to 12 hours from the designated time of collection, the rental agreement is considered as terminated. The Lessor then will be obliged to return to the Lessee within 7 business days only amounts paid in excess of the Booking Fee.
effective from January 1, 2012.
