Rent Rules

RENTAL RULES

 

CAR RENTAL RULES - Centrum Rent a Car.

 

 

General provisions

1. The present Rules (hereinafter referred to as “the Rules”) determine the specific provisions of the car rental contracts concluded :

 

CENTRUM RENT A CAR Sp. z o.o., called ”Centrum Rent a Car”

Adress: 05-552 Stefanowo, ul.Ułanów 26B

NIP: 1231305220 REGON: 362029144 KRS: 0000567071          

 

hereinafter called Centrum Rent a Car within the framework of the Car Rental Business. The Rules apply to all the above named rental contracts, unless otherwise provided for in a specific contract.

2.The Price List is an integral part of the present Rules, and is attached hereto as Attachment 1 (hereinafter referred to as “the Price List”).

3. In the event of a conflict between the contract and the Rules, the parties are bound by the contract.

 4. The Parties:

a. Client (Rentee): consumer or an entrepreneur (a natural person, a legal person or an organisation without legal personality pursuing a business activity);

b. Rentor:.  Centrum Rent a Car

 

5. A vehicle may be rented to and driven by a person aged 21 years or older, upon presentation of that person’s valid ID card (or, in the case of a foreigner, a valid passport) and who has, for at least 12 months, had a valid driving licence recognised in the Republic of Poland. The requirements specified in this section shall apply throughout the term of the rental contract. In the event it is found that the person specified in the contract of rental in the box “DATA OF THE DRIVER’” and / or the person named in the rental contract fail to meet the requirements specified in this subsection, the Rentor may terminate the rental contract with immediate effect.

6. The car may be operated by the person meeting the requirements specified respectively in sections 5 a) and 5 b) of the Rules, the person named in the contract of rental in the box “DATA OF THE DRIVER’”, or by the person authorised in writing by the Rentor to drive such car. The rented car may not be sub-rented or lent for use to a third person without the prior written consent of the Rentor. The car may not be lent either by the Rentee to a person not listed in the rental contract as driver of the car.

7. In the event the Rentee revokes the authorisation for the person entitled to drive the vehicle, the Rentee is obliged to immediately notify the Rentor about such change. In the event of a failure to comply with the requirement of the immediate notification, the Rentee shall be liable for any damages incurred by the Rentor in connection with the lack of knowledge about the above named revocation of the authorisation.

8. The Rentee shall ensure that the provisions of the Rules and / or of the rental contract pertaining to the obligations of the Rentee and to the rules concerning the action to take in the event of an accident or breakdown of the car be also complied with by the persons authorised by himself or by the Rentor to drive the car under penalty of the Rentee being held liable for any potential damages incurred by the Rentor. The Rentee is obliged to ensure that every person driving the vehicle is familiar with the obligations related to the usage of the car.

9. The term of the rental commences on the date specified in the rental contract or on the date when the vehicle is handed over, as indicated in the vehicle hand-over Procedure, depending on which of those dates comes earlier, unless the parties agree otherwise.

10. In the event the Rentor, after the signing of the contract of rental, is made aware that the time of the vehicle hand-over is liable to be delayed, regardless of the reason thereof, the Rentor shall immediately notify the Rentee and the parties shall mutually agree on the new date of the vehicle hand-over.

11. In the cases specified in the Rules as events resulting in the obligation to pay a contractual penalty, the Rentor and the Rentee have the right to demand payment of supplementary indemnification if the damage sustained by the Rentor exceeds the value of the contractual penalty.

12. Unless agreed otherwise, all payments for vehicle rental shall be made by the Rentee as non-cash payments into the following bank account ING Bank Śląski Account No.: 73 1050 1012 1000 0090 3077 0003.

Obligations of the Rentee

 

Rules of car exploitation

The Rentor does not accept responsibility for mechanical damages of the car elements, resulted in the Rentree’s nono-compliance with responsibilities listed in this sections.

13. During the usage of the car, the Rentee or any person driving the vehicle, is obliged to:

a. Have on them the valid documents, required by the traffic regulations (driving licence – valid and accepted on the territory of RP, registration document, third party liability insurance policy, car rental certificate, medical certificate if required),

b. Ensure the car is protected against theft (car to be locked every time and all the anti-theft devices turned on; the vehicle documents and keys kept in a safe place while outside of the vehicle, radio panel removed and stored outside the vehicle),

c. Perform at their own cost and initiative the daily maintenance of the car (checking and replenishing the engine oil and cooling liquid, brake liquid, windscreen washing liquid, checking the pressure in the tyres and the condition of the tyres, the functioning of the indicator lights, low beam lights and high beam lights),

d. Use the fuel according to the engine specification, as stated in the certificate of registration and in the technical documentation of the vehicle,

e. Maintain the cleanliness of the car – in particular related to transportation of easily soiling substances and those with an intensive odour.

14. Moving the rented vehicle across the border of RP is permissible subject to the Rentor giving their prior consent in the form of a written approval granted at the written request of the Rentee.

In the event the Rentee violates the rules determined in sections 14 of the Rules, the Rentee shall be obliged to pay a contractual penalty in the amount specified in the Price list, and in the event it is necessary to perform repairs or towing while outside of the territory of RP, the Rentee shall be also charged with all the costs arisen in connection therewith.

15. It is forbidden in particular to:

 

a. tow other vehicles using the rented car,

b. exceed the admissible load,

c. smoke tobacco in the car,

d. make modifications in the rented car or other changes at variance with the properties and use thereof, without the consent of the Rentor.

e. transport any animal inside the vehicle

In the event of the provisions of section 15 being violated, the Rentee shall be obliged to pay a contractual penalty of the amount set forth in the Price list.

In the event any modifications referred to in sub-sect. d) of the present section are made in the rented car, the Rentor reserves the right to charge the Rentee with the costs of restoration of the car to its original condition and to demand compensation for the loss of value of the vehicle caused by such modifications. 

16. In the event of loss of the GPS signal by the car and no contact with the Lessee for a period of 1 hour from this event (in particular in the case of close proximity to the borders of the Republic of Poland), the Lessor has the right to take all necessary steps to secure the car, and in particular notify the Police about this fact. or the Border Guard. In the event of a justified suspicion of an attempt to appropriate the car, the Lessor has the right to terminate the contract immediately without notice, and all costs related to its security and unpaid rent will be deducted from the deposit, to which the Lessee agrees.

 

Fees

17. The rental fee is calculated on a 24 hours basis. A delay in the return of the car not exceeding 1 hour beyond the time limit provided for in the contract shall not result in an additional 24 hour rental charge.

18. The rental fee is collected in advance, according to the rate in force on the day of conclusion of the rental contract.

19. The Rentee shall cover all costs connected with the international transfer of monies due and paid under the rental contract.

20. In the event the Rentee fails to pay the rental fee in a timely manner for at least one payment period, the Rentor may, without making any additional demand for payment to the Rentee and without granting an additional term for payment, terminate the contract with immediate effect and charge the Rentee for interest at the statutory rate for each day of delay in payment.

 

Return or replacement of the vehicle

21. Upon expiration of the term of the rental contract, the Rentee is obliged to return the vehicle to the site mutualluy agreed by the Rentee and the Rentor, on the agreed date. If the vehicle is dropped off at a location other than the office from which it was picked up, the Rentee shall be required to pay an additional charge as specified in the price list.

22. An extension of the rental period requires the consent of the Rentor. The intention to extend the car rental period must be declared at least 12 hours prior to the lapse of the return time. An extension of the rental period by 24 hours requires an agreement reached via electronic mail or fax, or made in any branch of the Rentor. An extension of the rental period for a period exceeding 24 hours must be made in one of the branch offices of the Rentor.

23. Failure to report the intention to extend the car rental period and failure to return the car within 24 hours following the expiration of the rental contract shall be considered as appropriation of the car (a criminal offence under Article 284 of the Polish Criminal Code) and will be reported to the Police.

24. The declaration concerning the termination of the rental contract ought to occur in writing, via registered letter or via fax.

25. In the event the rental contract is terminated without observance of the period of notice, the Rentee is obliged to immediately indicate the site where the rented vehicle is parked, and to return such vehicle to the site agreed earlier between the Rentee and the Rentor, within 12 hours at the latest. If the car is returned to a site other than agreed at the commencement of the rental, the Rentor has the right to charge the Rentee with the cost of transportation of the car to the site agreed upon between the parties.

26. In the event the return of the car is delayed, the Rentee is obliged to pay a contractual penalty in the amount set forth in the Price list per day of delay in returning the object of the rental. In the event of a failure to return the car in the fixed time, the Rentor is authorised to recover the car, car keys, insurance policy, and the documents of the vehicle from the Rentee and to charge the Rentee with the full costs incurred in connection with the recovery of the car.

27. The Rentee is obliged to return the car with a quantity of fuel equal to the quantity received at the hand-over of the car. For any deficit in fuel replenished by the Rentor, the Rentee shall pay a fee as per the rate in force on the date the car is to be returned.

28. Immediately after the return or replacement of the car used by the Rentee or after the receipt by the Rentor of a decision of the insurance company concerning a refusal to pay damages, the Rentor reserves the right to charge the Rentee with the costs incurred in connection with:

 

a. missing elements of the car furnishings or parts as described in the car hand-over Procedure, and indemnification for a wear of the car (inside or outside) in excess of the normal wear,

b. damages arising as a result of the improper usage of the car or neglect of the Rentee, and not included in the risks covered by the insurance policy (e.g. damaged mirrors, cracked lamps, minor damages to elements of the car body),

c. actual loss or damage not reported by the Rentee to the insurer at the time of its occurrence and/or loss or damage for which the insurer is not liable,

d. actual loss or damage in the event that the Rentor fails, despite exercising due care, to receive compensation from the Rentor’s insurer and if the cause of the insurer’s refusal to pay compensation is the fault of the Rentee.

e. liquidation of other damages and restoration of the vehicle to the original condition corresponding to normal wear and tear, including the costs of washing the Vehicle at a car wash and cleaning the Vehicle ‘s upholstery,

f. damages for the loss of value of the vehicle as a result of an accident in the event when the reason of such accident is attributable, in part or as a whole, to the Rentee, person driving the vehicle or passenger of the vehicle, or damages for the loss of value of the vehicle occurring as a result of modifications or other changes being made which would be at variance with the properties and planned used of the vehicle without the consent of the Rentor.

 

29. The Rentee is responsible for any missing parts and furnishings, for any damage arising for reasons attributable to them, as a result of improper use and insufficient security measures being taken to secure the car, and loss of documents.

30. In the event the Rentee loses the certificate of registration and / or number plate and/ or insurance policy and / or car keys or objects specified in the Price list, the Rentee shall be charged with the fees provided for therein.

 

Servicing, technical inspections and repairs

 

31. The Rentee acknowledges the necessity to grant the Rentor access to the car in order to enable them to perform periodical technical inspections, with mileage readings indicated in the car hand-over Procedure (tolerance +/- 500 km), at the time and place agreed with the Rentor (in case of any queries please contact the Technical Helpline +48 530 88 77 77 In the event the car is made available for inspection and shows higher mileage readings on the odometer, or if the Rentee fails to make the car available, the Rentee shall be charged with the full costs of the technical inspection and shall be obliged to reimburse the Rentor for the loss which the latter sustained as a result of the Rentee’s neglect (e.g. loss of guarantee for the car, charge according to the Price list).

32. The Rentee is not authorised to order repairs, modifications, changes or inspections of the rented car, nor any other repair or servicing activities with respect to the rented car at the expense of the Rentor, without the written consent of an authorised representative of the Rentor. If any breakdown or accident occurs to the vehicle during the time it is being used by the Rentee, the Rentee is obliged to immediately notify the Rentor about such fact Helpline: +48 530 88 77 77 proceed according to the instructions of the Rentor. If the defect is, or is likely to, lead to a threat in road traffic safety or lead to further damage to the car, any further usage of the car is forbidden until such defect is repaired. The Rentee may repair the car at his/her own cost and risk only with the written consent of the Rentor pertaining to the site and scope of such repair. Then, the Rentee is obliged to submit bills / invoices for the services performed, to return the replaced parts and to submit a statement containing a report of the circumstances in which the malfunction occurred.

33. The Rentor, after ascertaining good grounds for the repair performed and the lack of culpability of the Rentee in respect to the reasons for the malfunction, reimburses the Rentee for all the expenditure documented with the bills.

 

Damage, accident, car theft – procedure to follow

 

34.In the case of road accident, vehicle theft or damage to the car as a result of a break-in or another prohibited act or loss of the car keys, the Rentee is obliged to report such facts immediately to the Rentor, by contacting the Helpline +48 530 88 77 77 and to proceed according to the instructions received, first of all to report the damage to the Insurer indicated on the Insurance policy, and to call the Police immediately.

35.In the case the Rentee does not inform the Rentor about the events mentioned in section 34, the Rentee will solely bear the total costs of the repairs of the car as well as other costs related to repairs, which the Rentor may incur.

 

Obligations of the Rentor  

 

36. If not otherwise stated in the rental contract, the Rentor waives all liability for the damages incurred by the Rentee as a result of a car break-down, damage to the car, accident – unless the damage was caused as a result of the Rentor’s inappropriate performance of his obligations.

37. The Rentor, in the case of rented car being immobilised for a time exceeding 24 hours, to the extent possible, shall provide the Rentee with a replacement car if the Rentor has a vehicle that can be made available to the Rentee.The time taken for the supply of the replacement car as indicated by the Rentor, shall be counted from the moment the Rentor receives information from the Rentee (person driving the vehicle) about the event causing the immobilisation the car or from the moment the Rentor ascertains that the immobilisation of the rented car will last for more than 24 hours (depending on which of the above mentioned events occurs later). The time limits referred to in the preceding sentence shall not include weekends i.e. periods from 8.00 p.m. on Fridays till 7.00 a.m. on Mondays nor any days officially recognised as public holidays, calculated from 8.00 p.m. the preceding day till 7.00 a.m. of the following day subject to the above mentioned period of the standard weekend. The Rentee is not liable for rental fees for the period of waiting for the replacement car.

In the event that the replacement car is of a lower standard, the rate of the rental fee shall be lowered accordingly.

The replacement car shall not be made available in the event of:

a. one of the following occurrences: loss of the certificate of registration and / or insurance policy and / or car keys, and/ or number plate(s)

b. the rented car being immobilised outside of the territory of RP.

 

Insurance of the vehicles

 

38. Every time reference is made in the Rules to the “charge related to an event”, it shall be construed as the charge to be paid by the Rentee to the Rentor regardless of the fault of the Rentee and notwithstanding the extent of the damages of the Rentor and the amount of indemnification received by the Rentor. Irrespective of the above mentioned charge, the Rentor may seek damages according to general legal principles.

39. The car is provided with full scope third party liability (TPW) and all risks liability insurance (CDW PLN 5000, TW PLN 5000), releasing (subject to the provisions concerning the contractual penalty and the charges related to an event) the Rentee (person driving the vehicle) from any liability in the event of collision and theft, save for the following events:

a. wilful damage to the car,

b. damage caused while driving under the influence of alcohol, narcotics or psychotropic drugs and / or without a valid driving permit,

c. damage caused to the vehicle while exceeding the admissible speed by at least 30 km/hour, or in cases of other blatant violations of the road traffic regulations (in such cases the insurance company reserves a sum of the insured, or a total exclusion of the insurer’s liability for the damage applies),

d. situations where the driver leaves the site of the accident,

e. damages arising during the time the person driving the car was not authorised by the Rentor to drive the car,

f. total loss claim, settled within the framework of the all risks policy and car theft with the exclusion of sect. 39 h) and i) of the Rules (the Rentee shall be charged with the charge related to the event, in the amount specified in the price list).

g. all partial loss claims covered by the all risks policy (the Rentee shall be charged with the charge related to the event, in the amount specified in the price list).

h. theft of a vehicle if the Rentee cannot provide the keys and/or the registration certificate for the stolen vehicle – the total cost shall be paid by the Rentee

i. theft of the car in which not all the anti-theft devices installed therein were turned on / activated – the Rentee is liable for the total cost,

j. theft of the vehicle and/or its equipment and damage to the vehicle and/or its equipment as a result of an attempted theft, if the incident happens outside the European Union;

k. break-in, as a result of which the car radio together with the front panel are stolen – the Rentee is liable for the total cost,

 

l. other specific cases described in the general terms of the insurance contracts or policies.

In the above described cases the damages are covered by the Rentee, in full or in part. The Rentee is obliged to read the provisions of the insurance policy, the general terms of the car insurance contracts and the amendments to the general terms of the car insurance contracts, and to comply with the provisions of such terms and conditions, and in the event the vehicle is made available to a third person – to instruct the person driving the vehicle about the obligations resulting from the above mentioned documents – under penalty of liability for the damage caused.

The contents of the general terms and conditions of the insurance contract currently in force are available at the address https://expressrent.eu/reservation/regulamin. Apart from this, should the Rentee wish it so, the current general terms and conditions of the insurance contract are provided to the Rentee before conclusion of the rental contract. Upon conclusion of the rental contract, the Rentee may acquaint themselves with the current general terms and conditions of the insurance contract at each branch office of the Rentor.

In the case of damage arising when the person managing was a person aged 21-25 years liquidated from the AC policy (the Insurer then reserves the insured's own share - 20% of the value of the loss).

40. The cars can be provided with civil liability insurance (the so-called Green Card) for countries outside RP. The Rentee can obtain such civil liability insurance after informed the Rentor about the intention to travel abroad.

41. The cars are provided with anti-theft installations as required by the insurance company.

 

Conclusion of a rental contract via an on-line form

 

42. The conclusion of a rental contract with the Rentee through the completion and acceptance of an on-line form happens, with restrictions detailed in sections 43, 44 and 46 of the Rules, on the basis of Client’s order sent via an on-line form available on the Rentor’s website (www.express.pl) and the Rentee’s confirmation of acceptance delivered in the aforementioned way.

43. After an order has been sent by the Client in the above mentioned way, the Rentor is obliged to send the Client a declaration of acceptance or of rejection of the order, as understood in section 42 of the Rules, within two hours of the receipt of the above mentioned order from the Client, to an e-mail address provided by the Client, subject to payment made by the Client in respect of the rental fee indicated in section 46 of the Rules via the Rentor’s website using the PayU S.A. credit card transaction platform.

44. If payment in respect of the rental fee, as detailed in section 46 of the Rules, is made in a di fferent way than shown in section 43 of the Rules (i.e. NOT via the PayU S.A. transaction platform) the completion of the on-line form by the Client is considered the sending of an initial enquiry, and making a payment, indicated in section 46 of the Rules, into the Rentor’s bank account given on their website, is considered as confirmation of the order. In such cases the Rentor immediately after the receipt of the confirmation that such payment has reached the above mentioned bank account, is obliged to send the Client a declaration of acceptance or of rejection of the order as understood in section 42 of the Rules to the e-mail or fax number address provided by the Client.

45. In case of the Rentor being unable, in the period indicated in the on-line form, to provide a car matching the criteria specified by the Client, the Rentor will provide the Client with a vehicle of the same or higher class, using identical rental fee, corresponding with the vehicle rental which has been ordered by the Client. The Rentee may withdraw from the rental agreement if the Rentee does not agree to a vehicle of a higher class within 7 days of being notified of the Rentor’s inability to provide the vehicle requested by the Rentee. If the Rentor cannot provide the Rentee with a vehicle of a higher class, the Rentor may, by the date of release of the vehicle to the Rentee, withdraw from the rental contract, in which case the Rentor shall be required to pay an amount equal to the Reservation Fee. In such a case, the Rentor shall reimburse the Rentee for the full amount of the Reservation Fee and/or the rent amount paid at the time of placing the order.

46. The acceptance of the order by the Rentor is subject to:

a. Client’s acceptance of the prevailing conditions of car rental via completion of an on-line form 

47. If the time passed from the date of the rental contract (in accordance with Clauses 43 and 44) and the date of pick-up as specified by the Rentee is longer than 14 days, the Rentee may withdraw from the rental contract within 14 days of the date of the contract, in which case the Rentee shall be refunded, respectively, the full Reservation Fee or the full rent amount paid at the time of placing the order. In other cases, the Rentee may withdraw from the rental contract and shall be refunded, respectively, the full Reservation Fee or the full rent amount paid at the time of placing the order, provided that the Rentee provided the Rentor with a statement by mail or at the Rentor’s office at least 72 hours before the agreed date of release of the ordered vehicle.

48. Within 72 hours before the date of release of the ordered vehicle, as agreed upon by the parties, the Rentee may withdraw from the rental contract only if the Rentee pays an amount equal to the Reservation Fee, as compensation. In such a case, the Rentor shall be required to reimburse the Rentee, within 7 business days, of all amounts paid on account of rent payments in excess of the Reservation Fee.

49. Only the Rentee in person can collect the vehicle. At the time of collection, the Rentee is obliged to be in possession of:

a. A valid ID or, in case of other nationals, a valid passport,

b. A valid driving licence, accepted on the territory of RP,

c. Payment cards or cash in order to make respective payments for the rental,

d. In the case that other people entitled to drive the vehicle are indicated in the on-line form – originals of the relevant documents as indicated in subsections a) and b) of this section of the Rules,

50. In case the Rentee and/or other people indicated by the Rentee in the on-line form under in section ‘DATA OF THE DRIVER’ do not meet the requirements specified in section 5 and/or section 48 of the Rules, the Rentor will be entitled to immediate withdrawal from the rental contract. In this case the Reservation Fee is not returnable. The Rentor will be obliged to refund to the Rentee within the period of 7 working days monies paid in respect of the rental charge which exceed the Reservation Fee.

 

51. In case the Client does not collect the vehicle within the time agreed by the parties up to 12 hours from the designated collection date, the rental contract will be considered dissolved. The Rentor will therefore be obliged to refund the Rentee within the period of 7 working days monies paid in respect of the rental charge if the amount exceeds the Reservation Fee.

 

Attachment 1 to THE RULES – PRICE LIST