Applying to car rental (valid since 17 May 2018)
I. General provisions
- These Regulations (hereinafter referred to as the Regulations) specify detailed terms and conditions of vehicle rental agreements concluded by the company operating under the name of Dolcar spółka z ograniczoną odpowiedzialnością sp.k. (Dolcar limited liability company, limited partnership) with its registered seat in Warsaw, located at Al. Krakowska 179. These Regulations apply to all rental agreements, unless a given agreement states otherwise.
- These Regulations form an integral part of rental agreement. In case of any discrepancies between the Regulations and agreement, the latter shall prevail.
- The parties to the car rental agreements are as follows:
- Renter – DOLCAR spółka z ograniczoną odpowiedzialnością sp.k. (Dolcar limited liability company, limited partnership) with its registered seat in Warsaw, located at Al. Krakowska 179, entered into the register of entrepreneurs kept by the District Court in Warsaw, 13th Economic Division of the National Court Register under the no. 656852, National Official Register of Business Entities (REGON) No.: 366274490, VAT ID: 5223080808.
- Client – any natural person, legal person or organisational unit holding a legal capacity under the act.
II. Client and authorisation to drive a vehicle
- A vehicle Client and a person authorised to drive a rented vehicle can be any person above 18 years of age, holding a valid personal ID card (in the case of foreigner – a valid passport) and holding a license to drive a rented vehicle.
- The Client can include also any legal person or organisational unit holding a legal capacity under the act, provided that it is represented by a natural person meeting the criteria referred to above.
- The requirements laid down in items 1 and 2 are in force throughout the entire duration of the rental agreement. Any identified failure to comply with the requirements specified in this item by the Client and/or person entered into the rental agreement shall entitle the Renter to terminate the rental agreement with immediate effect.
- A vehicle can be driven by any person meeting the requirements laid down in item 1 and 2, specfied in the rental agreement as a driver or as a person authorised in writing by the Renter to drive a vehicle. Any rented vehicle cannot be sub-rented or yielded to any third person for use without prior consent of the Renter in writing. A vehicle cannot be assigned by the Client for use to any person not specified in the rental agreement as driver.
- Authorising any other person to drive a vehicle by the Renter can be made upon providing the Renter with the original copies of documents confirming the compliance of such person with the criteria stipulated in the Regulations. Authorisation, referred to in the preceding sentence, shall not require an annex to the rental agreement.
- The Client is obliged to comply with the provisions of the Regulations and of the rental agreement.
- The Renter shall bear no liability for any items transported, lost, left in the object of rental, any fees (in particular parking fees and tickets) imposed by fault of the Client when using the object of rental. The Renter shall not be liable against any third parties for any claims for damage caused by the Client or person driving the object of rental in the rental period.
- Shall the Client provides the rented vehicle to any person failing to meet the requirements stipulated in § 2 of the Regulations or not specified in the agreement as a person authorised to drive a vehicle or a person not authorised by the Renter, the Renter shall retain the security deposit paid by the Client.
- The rental agreement shall be concluded by signing the car rental agreement by the Renter and Client.
- The rental period shall run from the date and time specified in the rental agreement, unless the parties state otherwise. The condition to rent a vehicle is paying the security deposit at the rate in force as of the day of concluding the agreement.
- The Client rents a clean and operational vehicle and is obliged to return it in the same condition.
- The vehicle is provided with quantity of fuel sufficient to go to the petrol station, while the Client is obliged to return the vehicle with the same quantity of fuel. Cost of fuel used during the rental period is paid by the Client.
- Shall the Renter express its consent for travel abroad, the Client is obliged to purchase an additional assistance insurance in foreign traffic at its own cost.
III. Obligations of the Client
- The Client is obliged to:
- hold valid documents required by the road traffic control (valid and recognised at the territory of the Republic of Poland driving license, vehicle registration card, civil liability policy and statement of vehicle rental),
- use the applicable type of fuel in compliance with the engine specification provided in the vehicle registration card and in technical documentation of the vehicle,
- use the vehicle as intended, with due diligence in the field of its exploitation,
- secure the vehicle against theft,
- close the vehicle and activate the alarms and blockades each time,
- perform standard servicing of the vehicle at own costs, i.e. checking and potential refilling of windshield washer fluid, coolant, engine oil and other exploitation fluids, checking the lights and potential replacement of bulbs,
- each time after travel – securing the vehicle registration card and keys outside the vehicle,
- observe the road traffic regulations in force.
- The Client is in particular prohibited to:
- drive under the influence of alcohol, drugs or any other narcotic drugs or psychotropic substances,
- exceed the permissible speed,
- smoke in the car,
- modify or change the rented vehicle in contrary to its properties and intended use without consent of the Renter,
- transport greater number of people or greater load than specified in the vehicle registration card, regardless of whether such transport is planned or accidental
- start, push or haul any vehicles,
- transport corrosive, dirty or sharp-edged materials or any other materials that might cause corrosion, destruction, damage or fouling of any vehicle elements and agents and materials holding of which is prohibited by law.
- In the case of any violation of the provisions of item 2, the security deposit for a given vehicle forfeits.
- In the case of modifications or changes to the vehicle, referred to in item 2(4), the Renter reserves its right to charge the Client with costs of restoration to the original form and claim for payment for loss of value of vehicle caused by modifications or changes, referred to in item 2(4).
- The Renter or any other persons authorised by it, shall have the right to control the Client in the scope of use and condition of a vehicle and of the Client’s documents related to such circumstances.
- The Client is obliged to enable control and access to documents to the Renter or any person authorised by it.
- The Client, upon the expiry of the rental agreement, is obliged to return the vehicle in place and time specified in the agreement.
- The Client can return the vehicle in other place for an additional charge upon prior arrangement with the Renter.
- Costs of return in a place other than specified in the agreement, without prior consent of the Renter shall be paid by the Client. In the case of returning a non-operational or damaged vehicle, the Client shall bear the costs of vehicle hauling.
- Arbitrary extension of rental by more than 59 minutes shall be charged as for the whole day.
- Failure to report the intent to extend the vehicle rental by fault of the Client and failure to return the vehicle within 5 hours from termination of rental specified in the rental agreement shall constitute the basis for the Renter to:
- charge the Client with contractual penalty stipulated in the Price List,
- charge payment for arbitrary extension of rental according to the Price List,
- retain the security deposit paid by the Client
- Extension of vehicle rental without prior arrangement with the Renter by more than one day above the time period specified in the agreement results in, apart from loss of security deposit, charging with contractual penalty amounting to double security deposit per each subsequent day exceeding the rental period specified in the agreement.
- In the case of theft or failure or vehicle in the rental period, the Client is obliged to notify the Renter and Police Forces immediately. If the failure poses a potential threat to road traffic, further driving is prohibited until the failure is eliminated.
- The Client is obliged to notify the Renter immediately by calling 600975414 or 696465603.
- If the vehicle damage occurred in effect of car accident, the Client is obliged to call the Police to the site and secure the vehicle.
- In the case of damage of vehicle by fault of the Client, it shall be charged with financial penalty according to the daily rate for car rental for each day of repair.
- In the case of vehicle theft by fault of the Client (in particular in effect of failure to secure the vehicle, i.e. failure to close and to activate the alarms and blockades), the security deposit forfeits.
- Transfer of rented vehicle outside the Republic of Poland requires a permission of the Renter in writing unless being null and void. In the case of violating this prohibition, the Client shall pay a contractual penalty of net PLN 1000.00 for each day of staying outside the Republic of Poland. Regardless of the above, the Renter is entitled to terminate the agreement with immediate effect without written form.
IV. Obligations of the Renter
- The Renter, in the case of immobilisation of a rented vehicle for time period exceeding 8 hours, shall provide the Client with courtesy car, if possible. The Client shall pay no rental charge for the period of awaiting the courtesy car.
- The courtesy car shall be not provided in the case of:
- loss of vehicle registration card and/or insurance policy and/or keys by fault of the Client,
- vehicle damage by fault of the Client, other driver or any person authorised by the Client,
- immobilisation of rented vehicle outside the Republic of Poland,
- parking damages and acts of vandalism.
V. Charges, additional charges, security deposit and contractual penalties
- Charge for rental period is paid in advance in line with the rate in force as of the date of entering into the agreement, unless the parties agreed on the other form of settlement.
- Daily rates and amount of security deposit are provided in the price list on the official website www.dolcar.eu.
- The Renter reserves its right to withdraw from security deposit and deduct from the amount of paid security deposit of any liabilities for the use of vehicle by the Client. Unused security deposit is returned.
- The Client shall pay additional charges in the case of:
- releasing the vehicle outside business hours – service charge – PLN 50.
- return of vehicle outside business hours – service charge – PLN 50.
- leaving the vehicle or its receipt in Warsaw, depending on distance – PLN 30 – 150.
- rental of GPS navigation for Poland per day – PLN 10.
- rental of child restraint 0-18 kg, per day of rental – PLN 10.
- rental of child restraint 9-36 kg, per day of rental – PLN 10.
- return of unfilled vehicle – cost of missing fuel plus fuelling charge – PLN 10 /l.
- return of dirty vehicle (inside and/or outside) – PLN 49.
- Mileage exceeding –
Group A, B, C, C+ and T – PLN 0.30 / per each exceeded km.
Group D and P PLN 0.40 / per each exceeded km.
Group D+, SUV and Premium PLN 0.50 / per each exceeded km.
Sport Group / PLN 2.0 per each exceeded km.
10) Own share in damage by fault of the Client
Group A, B, C, C+ and T – net PLN 1500.
Group D and P net PLN 4500.
Group D+, SUV net PLN 12 000.
Premium Group net PLN 18 000.
Sport Group net PLN 60 000.
- In the case of vehicle damage by fault of the Client, the Renter is entitled to charge the Client for each day of stay of the vehicle in accordance with the price list until the vehicle is repaired.
- Shall a vehicle be damaged by a client driving under the influence of alcohol, the client shall be charged with costs of repair, receipt of vehicle and costs of stay of such vehicle in repair according to the daily rental rate.
- The Client shall be liable for full amount of damage in the following cases:
- driving under the influence of alcohol, drugs or any other narcotic drugs or without valid driving license
- damage caused by wilful misconduct or gross negligence
- leaving the place of accident or collision
- refusing to pay compensation by the insurer by fault of the Client
- failure to return the vehicle registration card or keys after theft of vehicle by fault of the Client
- The Client shall be liable for contractual penalties for:
- damage or loss of key with central lock controller, loss of alarm pilot or key by fault of the Client – PLN 800,
- damage or loss of key without central lock controller by fault of the Client – PLN 400,
- damage or loss of vehicle registration card by fault of the Client – PLN 500,
- Damage of loss of insurance policy, registration plate or stick on windshield by fault of the Client – PLN 500,
- violating the ban of smoking in the car – PLN 1000,
- return of vehicle with noticeable odour – PLN 500,
- preventing control of the condition and use of vehicle by fault of the Client – PLN 1000,
- loss of vehicle guarantee by fault of the Client – PLN 5000,
- filling with improper fuel type – PLN 10 000,
- disassembly or replacement of a part of vehicle or modification without consent of the Renter by the Client – restoration cost + PLN 1000.
- When damage suffered by the Renter exceeds the contractual penalty, the Renter is obliged to claim a supplementary compensation.
VI. Final provisions
- The Client authorises the Renter to issue VAT invoices without signature in the cases governed by this agreement.
- This document constitutes the ownership of the Renter. Copying, transfer and multiplication of this document, in whole or in part, without prior consent of the Renter is prohibited.
- To the cases not governed by these Regulations or agreement, the provisions of the Civil Code shall apply.
- Any and all prices specified in the agreement and on the official website www. dolcar.eu are provided with applicable taxes in force and are gross prices.
I state hereby that I have read these terms and conditions of rental and that they are clear, understandable and fully acceptable
Signature of the Client