The present Rules determine the specific provisions of the car rental contracts concluded by ABCO 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.
The present Rules, the Protocol of the vehicle hand-over, the Protocol of the vehicle receipt and the Price List are an integral part of the rental contract.
In the event of a conflict between the contract and the Rules, the parties are bound by the contract.
a) Client (Rentee): consumer - a person or corporate body;
b) Rentor: ABCO RENT A CAR
The Rentee may be:
a) a person aged 21 or more, polish citizen, holder of a driving licence valid for at least 24 months before the date of rental contract and accepted on the territory of RP;
b) a person aged 21 or more, without polish citizenship, holder of a driving licence valid for at least 24 months before the date of rental contract and accepted on the territory of RP, holder of a valid passport;
c) corporate body, represented by the person meeting the requirements specified respectively in sections 5 a) and 5 b) of the Rules;
The requirements specified in this section shall apply throughout the term of the rental contract. In the event it is found that the Rentee fails to meet the requirements specified in the present section the Rentor shall have the right to immediately withdraw from the rental contract.
The car may be operated by the person meeting the requirements specified respectively in sections 5 of the Rules.
The rented car may not be sub-rented or lent for use to a third person.
The term of the rental commences on the date specified in the rental contract or on the date when the vehicle is handed over, indicated in the Protocol of the vehicle hand-over, depending on which of those dates comes earlier.
In the cases specified in the Rules as events resulting in the obligation to pay a contractual penalty, the Rentor has the right to demand payment of supplementary indemnification if the damage sustained by the Rentor exceeds the value of the contractual penalty.
All disputes arising out of a concluded rental contract shall be settled by a court.
Conclusion of the contract
The conditions of acceptance of the offer by the Rentor are as follows:
a) filling the Car Rental Form with every data required by the Rentor and Client's acceptance of the terms of car rental;
b) meeting of the terms set forth in section 5 of the Rules;
c) submittal of the order at least 12 hours prior to the planned date of the car hand-over specified in the form;
d) in case of the order at least one month prior to the date of the car hand-over the payment ofthe reservation fee in the amount of 10% of planned rental fee.
The rental fee is calculated on a 24 hours basis. A delay in the return of the car exceeding 1 hour beyond the time limit provided for in the contract will result in the rental fee being charged for another 24 hours of rental.
Return of the car before the time limit indicated in the rental contract entitles to reimbursement of 50% of the money for the time when the vehicle was not used according to the Price List (when well-founded the Rentor may reimburse full rental fee for the time when the vehicle was not used).
In the event the Rentor is unable to provide, within the time limit indicated in rental contract, a car corresponding to the criteria determined by the Client, the Rentor shall provide the Client with a vehicle of the same or higher class, ensuring 10% discount of the rental fee as for the rental of the vehicle for which the Client had made his order or paying the deposit and rental fee back.
The Rentor, in the case the rented car is immobilized when the reasons of it don't violate the present Rules (damage), shall provide the Rentee with a replacement car of the same class to the damaged car if possible or pay the deposit and rental fee back. In the case of deactivation vehicle caused by demage of driver (the damages arisen being settled on the basis of the all risks insurance) Rentee does not have a right to obtain return of fee for unused time of rent.
The Rentee may withdraw from the rental contractby the submittal of a declaration personally in a branch of the Rentor prior to the date of hand-over of the ordered car agreed by the parties.
The car may be received only by the Rentee in person. At the time of the receipt of the car, the Rentee is obliged to have on him/her:
a) valid ID, and when the client is a foreign person - valid passport;
b) driving licence - valid and accepted on the territory of RP.
In the event it is found that the Rentee fails to meet the requirements set forth in section of the Rules, the Rentor shall be entitled to immediately withdraw from the rental contract. In such case, the reservation fee is not subject to reimbursement.
In the event the Client fails to receive the vehicle at the time agreed by the parties, during up to 5 hours following the lapse of the fixed date of receipt, the rental contract shall be deemed terminated and the reservation annulled. In such case, the reservation fee is not subject to reimbursement.
Rules of car exploitation
During the exploitation, the Rentee is obliged to:
a) have on them the valid documents, required by the service of the traffic control (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; car if it is possible to be left on the car park);
c) perform the daily control of the car (checking the engine oil and cooling liquid, brake liquid, sprinklers liquid, checking the pressure in the tires and the condition of the tires, the functioning of the indicator lights, low beam lights and high beam lights);
d) whether necessary replenish at their own cost and initiative shortages resulting from exploitation or normal use (sprinklers liquid, checking the pressure in the tires and during the long-term rental also bulbs and wipers);
e) use the fuel according to the engine specification, as stated in the certificate of registration and in the technical documentation of the vehicle;
f) maintain the car properly clean.
Moving the rented vehicle across the border of RP without a written approval of the Renter is strictly forbidden.
It is forbidden in particular to:
a) haul other vehicles, caravans or other items using the rented car;
b) exceed the admissible load;
c) smoke tobacco in the car;
d) drive under the influence of alcohol, narcotics or psychotropic drugs and other substance forbidden by polish law;
e) transport animals without special container;
g) make modifications in the rented car or other changes at variance with the properties and use thereof;
h) use cars in races, rallies, competitions or any other way contradictory to law;
i) use car for driving lessons;
j) treat car as a source of income by transporting people or things unless the Rentor agrees by signing the annex to the rental contract with the Rentee;
k) transport substances and items, which because of their smell or properties can cause a car damage and expose the Rentor to a waste of time and additional costs before the vehicle can be rented again;
l) paste advertising or information materials over the vehicle without the Rentor's written approval.
In the event the provisions of sub-sect. a) to k) of the present section are violated, the Rentee shall be obliged to pay a contractual penalty in the amount set forth in the Price list.
In the event any modifications referred to in sub-sect. f) 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.
The rental fee is collected in advance, according to the rate in force on the day of conclusion of the rental contract.
The rental fee for the long term rent is collected in advance At the beginning of every month, according to the rate in force on the day of conclusion of the rental contract.
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 the rental fee being charged for another 24 hours of rental.
Corporate bodies may pay the renal fee within 14 days if it is enclosed in the rental contract.
The deposit is paid to ABCO's employee during the time of the receipt (Cash or credit card) or via bank transfer to the Rentor's bank account at least one day before the planned time of the receipt of the car.
Return or replacement of the vehicle
Upon expiration of the term of the rental contract, the Rentee is obliged to return the vehicle to the site fixed by the Rentee and the Rentor, on the date agreed between them.
An extension of the rental period requires the consent of the Rentor. The intention to extend the car rental period has to be declared at least 24 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 by telephone with the employee of the Rentor. An extension of the rental period for a period exceeding 24 hours has to be made via electronic mail or faxand occur in writing.
A failure to report the intention to extend the car rental period and a failure to return the car within 12 hours following the expiration of the rental contract shall be considered as appropriation of the car and is reported to the Police and will cause ground for the Rentor to:
a) charge contractual fine to the Rentee, according to the Price List;
b) charge and make the Rentee responsible for the Rentor's losses or negative consequences, which are the results of the Rules' violation;
c) charge expenses to the Rentee for the lawless prolonging, according to the Price List.
The declaration concerning the termination of the rental contract ought to occur in writing, via electronic mail or via fax.
In the event the rental contract is terminated without observance of the period of notice (12 hours), 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 costs of transport of the car to the site agreed upon between the parties.
In the event the return of the car is earlier than the time limits in the rental contract, the Rentor shall reimburse the Rentee for the rental fee for every 24 hours when car was not used in the amount of 50% per day within 7 work days.
In the event the return of the car is delayed, the Rentee is obliged do 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 authorized to recover the car, car keys, 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.
The Rentee is obliged to return the car with a quantity of fuel equal to the quantity he received at the hand-over of the car. For any deficit in fuel replenished by the Rentor, the Rentee shall pay a fee according to the Price List.
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 Protocol of the car hand-over, and indemnification for a wear of the car (inside or outside) in excess of the normal wear;
b) of the damages arisen as a result of an improper exploitation 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 damages not reported at the moment they occurred, in the situation when the Rentor fails to obtain - in spite of the due care having been applied - damages from their insurance company, and the reasons of the effective refusal of the payment of damages are attributable to the Rentee;
d) liquidation of other damages and restoration of the vehicle to the original condition corresponding to the normal wear and tear;
e) 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 occurred 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.
The Rentee is responsible for any missing parts and furnishings, for any damage arisen for reasons attributable to him, as a result of improper use and insufficient protection of the car, and loss of documents.
In the event the Rentee loses the certificate of registration and / or insurance policy and / or car keys or objects specified in the Price list, the Rentee shall be charged with the fees according to the Price List.
Servicing, technical inspections and repairs
The Rentee acknowledges the necessity to grant the Rentor access to the car in order to enable them to perform a periodical technical inspection, with mileage readings indicated in the Protocol of Car Hand-over (tolerance +/- 500 km), on the time and place agreed with the Rentor. 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.
The Rentee is not authorized 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 authorized representative of the Rentor. If any breakdown or accident occurs to the vehicle during the time it is used by the Rentee, the Rentee is obliged to immediately notify the Rentor about such fact and proceed in compliance with the instructions of the Rentor. If the defect is susceptible of leading to a threat to the road traffic safety or lead to a further damage in the car, any further exploitation of the car is forbidden until elimination of such defect. The Rentee may repair the car at his/her own cost and risk only with 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.
The Rentor, after ascertaining the good grounds for the repair performed and the lack of guilt of the Rentee in respect of the reasons of the malfunction, reimburses the Rentee for all the expenditure documented with the bills.
Damage, accident, car theft
In the case of a road accident the Rentee is obliged to immediately call the Police, obtain a written confirmation of the damages arisen, and to report such fact to the Rentor, immediately, at the latest 2 hours from the moment the event occurred.
In a situation making it impossible to continue the driving, to contact the Rentor and proceed in compliance with the instructions received.
In the case of a theft or damage to the car as a result of a breaking-in, or another forbidden act, the Rentee is obliged to report such fact immediately at the nearest Police station and obtain a written confirmation of the damages arisen. the Rentee is also obliged to contact the Rentor immediately, and to proceed in compliance with the instructions received.
Obligations of the Rentor
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 intentionally caused by the Rentor.
The Rentor, in the case the rented car is immobilised for a time exceeding 24 hours, to the extent possible shall provide the Rentee with a replacement car. The time 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 occurrence of an event immobilising 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 Rentee does not pay rental fee for the period of waiting for the replacement car. The replacement car should, to the extent possible be of the standard consistent with the standard of the rented car. In the event 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) loss of the certificate of registration and / or insurance policy and / or car keys;
b) the damages arisen being settled on the basis of the all risks insurance;
c) the rented car being immobilised outside of the territory of RP.
Insurance of the vehicles
Every time a 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 the general principles.
The car is provided with full scope third party liability (OC) and all risks liability insurance (AC), 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 case the admissible speed by at least 30 km/hour, or in case of another blatant violation the road traffic regulations (in such case the insurance company reserves a personal share of the insured, or a total exclusion of the insurer's liability for the damage applies);
d) situation when the driver escaped from the site of the accident;
e) damage arisen during the time when the person driving the car was not authorized by the Rentor to drive the car;
f) total damage, settled within the framework of the all risks policy and car theft with the exclusion of sect. 48 h) and i) of the Rules (the Rentee shall be charged with the charge related to the event, in the amount of the deposit);
g) all the partial damages covered by the all risks policy (the Rentee shall be charged with the charge related to the event, in the amount not exceeding the deposit);
h) theft of the car as a result of which the car keys and / or registration certificate of the stolen car were lost - the total cost shall be borne 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) breaking in, as a result of which the car radio together with the front panel was stolen - the Rentee is liable for the total cost;
k) 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 with the amendments in 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 cars are provided with anti-theft installations required by the insurance company.