I. General provisions:
1) The Regulations define the rules for the proper use of the vehicle being the subject of the lease (hereinafter: "Vehicle"), law and duties of the Lessee and the Lessor.
2) If the Vehicle has been made available by the Lessee to another person, it is the Lessee's duty to reliably inform the person about the content of the Regulations. The Lessee is liable for any actions of the person he / she does not comply with the tenancy rules Vehicle.
3) The vehicle may be driven only by a person holding a valid driving license as defined by Polish law.
4) The Lessee shall not be entitled to sublease, lend or transfer the Vehicle to third parties without prior written consent the consent of the Lessor. This reservation does not apply to members of the nearest Tenant's family (ie, ascendants, descendants, and siblings) Lessee's spouse).
5) The Lessor or other persons authorized by him has the right to control the use and condition of the Vehicle, and Tenant documents related to the above circumstances, and the Lessee is obliged to allow control and provide access to the above documents.
6) Whenever the Regulations refer to the "Fee indicated in the Table of Fees", it should be understood as the fee that the non-payer the consumer is obliged to pay the Lessor regardless of the Lessee's fault and regardless of the amount of the damage The Lessor and the amount of compensation received by the Lessor in connection with the Vehicle's insurance. The Lessor is entitled to claim supplementary compensation from the Lessee in case the administrative fee it will not cover the entire damage. In the case of renters who are consumers, the fee indicated in the Table of Fees has a function information and constitutes an approximate amount of the Lessor's damage in the case of a given event. A tenant who is a consumer bears liability on fault basis, subject to a broader liability provided for by law. Lessee which is not a consumer liability, only force majeure and exclusive to the Lessor's fault exempts.
7) Unless agreed otherwise, all rentals for the Vehicle, the Lessee is obliged to pay at the Rental Office or by bank transfer to the Lessor's bank account number: PL 26 1020 2906 0000 1102 0337 9443, kept by the Bank PKOBP Branch 2 in Krakow.
II. Basic duties:
1) The Lessee of the Vehicle is obliged to:
a) to have at hand valid documents required by traffic control (valid and validated in the territory RP driving license, registration certificate, proof of possession of third party liability insurance),
b) securing the Vehicle against theft (closing the Vehicle every time and activating all anti-theft devices),
c) performing at your own expense and with the effort of servicing your daily Vehicle, ie:
- checking and topping up the level of operating fluids, i.e. brake fluid, engine oil, coolant, fluid to the washer,
- control of tire pressure and condition of tires,
- checking the operation of signaling, passing and road lights,
- maintaining the Vehicle in proper cleanliness,
- using fuel in vehicles complying with the engine specification, given in the registration ID
- comply with the Vehicle manufacturer's recommendations indicated in the Vehicle Operator's Manual.
2) The tenant has no right:
a) towing Vehicles of other vehicles,
b) making any alterations or other changes in the Vehicle that contradict the properties and purpose of the Vehicle,
c) exceeding the permissible number of passengers and the permissible load capacity of the Vehicle,
d) smoking in the Vehicle,
e) performing other activities that may damage the Vehicle.
3) In all cars of the Mays rental company, it is absolutely forbidden to smoke cigarettes, and not accepting the above provision in the Regulations of the Rental requires the Company or the Lessor to pay a one-off payment in the amount of PLN 500
III. Breakdown, Service and repair:
1) Unless otherwise agreed in the contract, the Lessor shall not be liable for any damage suffered by the Lessee the result of a breakdown, damage, accident or collision of the Vehicle, unless the damage was caused by the Renter by intentional fault.
2) In the event of a failure of the Vehicle or the need to perform service, the Lessee is obliged to immediately notify Lessor. In the event of a defect or damage to the vehicle's mechanical components, it is forbidden to continue driving without Landlord consent.
3) The Lessee has no right to request any repairs, corrections, alterations, inspections or other activities repair and maintenance in the Vehicle without the prior written consent of the authorized representative of the Lessor. Such consent it can also be issued electronically (e-mail).
4) The authorized representative of the Lessor is the Technical Advisor, who serves the Technical Hotline, tel .: +48 728 428,000 5) Reporting needs in the scope of servicing, takes place in an oral form (by phone or in person) along with the application justifications (failure, collision and others). The application should be sent to the Lessor's Technical Advisor. Advisors Technical analyzes the application and manages the process of servicing (repairing) the Vehicle, directing it to the appropriate service station and by directly commissioning the necessary work.
6) Inspections and repairs should be carried out only in mechanical and body and paint services indicated by authorized representative of the Lessor throughout Poland. The tenant has no right to make scheduled maintenance The vehicle outside Poland.
7) The Lessee is not authorized to sign invoices for work done, as a "person authorized to collect an invoice" and to make declarations of will on behalf of the Lessor.
8) If the Lessor grants the Tenant's services to the Lessee, the Lessee is obliged to ensure with due diligence, that all ordered work has been carried out reliably and sign the Vehicle Acceptance Report with service. The Lessee also has the obligation to ensure that all technical details are recorded in the technical documentation of the Vehicle the details required by the guarantor related to the performance of the warranty or post-warranty service of the Vehicle.
9) The Lessee is liable to the Renter for damage to the Vehicle, unless the Vehicle damage has occurred without Tenant's fault. In particular, the Lessee is liable for damage to the Vehicle resulting from the lack of oil in the engine, lack of gearbox oil, lack of brake fluid, maintaining unsuitable tire pressure, overrun permissible load capacity, using the vehicle contrary to its intended use, operating instructions and applicable regulations and principles of using and operating motor vehicles and their components.
10) Using the Assistance of the manufacturer or the insurance company of the vehicle does not release the Lessee from his duties listed above.
IV. Damage, accident, burglary, vehicle theft - procedure:
1) In the event of a traffic accident / collision / intrusion / theft of the Vehicle, the Renter is obliged each time to summon the Police and make sure that the report is made from the place of the accident. With the individual consent of the Lessor, it is possible to withdraw from this obligation for minor damages removed from the auto-casco policy.
2) In case of damage to the Vehicle, in particular due to traffic accident, collision, burglary to the vehicle or theft of the Vehicle, The tenant is obliged to:
- immediately notify the authorized representative of the Lessor (Technical Advisor for the Lessor),
- immediate reporting of damage to the insurer (within the period specified in the general conditions of AC insurance or in 3 working days in the case of damage liquidated from the OC offender),
- proceeding strictly according to the instructions of the authorized representative of the Lessor (Technical Advisors Lessor)
3) The Lessee, when reporting a traffic accident, collision, burglary or theft of a Vehicle, is entitled to report The landlord wants to use the AC policy. The landlord manages the proceedings related to the liquidation of damages communication, but this can only be done effectively with the active participation of the Vehicle user. In connection with use by the Lessee from the AC policy, the Lessee is obliged to pay the fee indicated in the price list.
4) The tenant is not allowed to repair the damaged vehicle on his own.
V. Other provisions:
1) The Lessee is obliged to return the vehicle to the place determined by the parties after the completion of the lease. Vehicle return in place other than agreed upon at the time of the rental agreement is allowed after agreement with the Lessor, for payment of the indicated fee in the Table of Fees.
2) The intention to extend the rental period of the Vehicle must be notified at least 12 hours before the return period. Extending the period of lease by at least 24 hours requires a written agreement with the Lessor, concluded at the office Lessor. No notification of the intention to extend the Vehicle's rental and not return the Vehicle within 24 hours from the moment termination of the lease is treated as the appropriation of the Vehicle and the Police are notified. In the event of a delay in the return of the Vehicle, The Lessee is obliged to pay the Fee indicated in the Table of Fees. In the absence of a timely return of the Vehicle, The Lessor is authorized to collect the Vehicle, keys, policy and other Vehicle documents from the Tenant and to load Tenants with full costs incurred in this regard.
3) The Lessee is obliged to return the Vehicle with the same amount of fuel that he received when collecting the Vehicle. For possible the lack of fuel the Lessee pays the fee indicated in the Table of Fees.
4) After returning or exchanging vehicles used by the Lessee, the Lessor has the right to charge the Lessee the following costs:
a) completions of the Equipment of the Vehicle or parts thereof described in the Vehicle Handover / Receipt Protocol and compensation for exceeding the normal wear of the Vehicle inside or outside (including upholstery elements, hubcaps and rims, and tires),
b) repair of damage to the vehicle caused by improper operation of the Vehicle or negligence of the Tenant, for which the insurer is not liable under the AC insurance contract,
c) restore the Vehicle to a condition corresponding to normal wear.
5) In the cases mentioned in item V No. 4), the amount of compensation is determined based on the repair calculation prepared by an entity being an authorized dealer or based on a VAT invoice documenting the costs of removing damage or completing the equipment of the Vehicle. In the case of a repair calculation, the Audatex system will be used to determine the repair costs, and in the case of the need to purchase parts, the current price lists of the dealer's part.
6) The Lessee is not responsible for any damage to the vehicle. The Vehicle Acceptance Report shall be indicated only Vehicle damage other than operating. The Renter is entitled to submit objections to the Vehicle Acceptance Protocol in in case of questioning the type of damage entered into the Vehicle Acceptance Report.
7) The Lessor, if the Vehicle is immobilized for a period longer than 24 hours, will provide the Tenant as much as possible replacement car. A replacement car should, if possible, have a standard corresponding to the Vehicle standard. The replacement car will not be available if:
a) occurrence of even one of the following events: loss of a registration certificate, insurance policy, car keys, registration plates (registration),
b) immobilisation of the Vehicle outside the territory of the Republic of Poland.
8) The Lessee is obliged to return the replacement vehicle immediately after receiving the Vehicle, but no later than the next day after receiving information about repairing the Vehicle.
9) In the event of the Lessee losing his / her registration card or insurance policy or keys or boards (s) Vehicle registration, the lease continues, and the Lessor undertakes to reproduce the missing element immediately.
10) In case of losing the keys to the Vehicle, the Lessee is obliged to immediately protect the Vehicle against theft and immediately notify you of the loss of keys of the authorized representative of the Lessor and the proceedings according to his instructions.
11) Vehicles have a full range of OC, AC insurance, which releases the Lessee and the Vehicle Operator from liability in in the case of collision and theft in the standard terms, except for exceptions resulting from general conditions vehicle insurance, in particular:
a) intentional damage to the Vehicle
b) damage during driving of the Vehicle in the state after alcohol consumption, intoxication, after using drugs or drugs psychotropic and without a valid driving license
c) the case, if the driver ran away from the scene,
d) theft of the Vehicle if the User has not secured the Vehicle against theft, excluding the case of robbery pursuant to the general terms and conditions of insurance contracts,
e) theft of the Vehicle, in which all the anti-theft devices installed in it have not been activated,
f) other damages, if not covered by the insurer or the perpetrator of the damage,
g) other cases resulting from the general conditions of insurance contracts and legal regulations.
12) The Lessee is obliged to familiarize himself with the provisions of the policy, general terms and conditions of vehicle insurance contracts, and changes in the general terms and conditions of vehicle insurance contracts and comply with the provisions contained therein under pain of responsibility for the damage caused. The applicable general terms and conditions of insurance contracts are published on websites online insurers. The Lessor provides the Tenant with the applicable general terms and conditions of insurance contracts upon conclusion lease agreements and at any time at the Lessor's branch.
13) The Lessor declares that the Vehicle has the anti-theft security required by the insurer.
14) The Lessee acknowledges that the insurer is required to pay damages by the insurer Vehicle Operator on the date indicated by the insurer. The tenant undertakes to ensure that in the event of an insurrection motor damage or other damage falling within the scope of risk covered by third party liability insurance of the damage perpetrator or AC, user The vehicle in agreement with the Lessor reported damage to the insurer, signed the appropriate statements required at the claim settlement procedure, provided documents indicated by the insurer and fulfilled other requirements indicated by insurer.
15) Movement of the Vehicle outside the territory of the Republic of Poland is allowed on the following principles:
a) to all European Union countries, subject to obtaining the written consent of the Lessor at the Tenant's request and after paying the appropriate fee in accordance with the current price list of the Lessor,
b) other European countries, provided:
- that this is in line with the territorial scope of AC policy protection,
- obtaining the individual written consent of the Lessor at the Tenant's request,
- providing the planned date of foreign stay,
- after paying an appropriate fee in accordance with the current price list of the Lessor and paying a possible fee related to the need to purchase additional insurance (AC extension, Green Card, etc.).
c) it is forbidden to move the Vehicle to Russia, Ukraine, Belarus, Moldova or Kosovo, without written permission from Lessor and without additional AC insurance in accordance with the territorial scope.
16) In the case of trips abroad, the scope of services provided by the Lessor is limited and the quality of support it depends on the specifics of a given region.
17) During the rental period, the Lessor will be obliged to repair partial damage incurred on the Vehicle only, when they pose a threat to the safety of users of the Vehicle or third parties.
18) The Lessee is obliged to pay administrative fees related to the use of the Vehicle by the Lessee imposed on the Lessor, in particular, this applies to parking fees in paid parking zones and fees extra for not paying parking fees.
TABLE OF CHARGE (the amounts given are gross amounts):
|1.||Abolition of the administrative fee for the process of liquidation of motor damage.||20 PLN/day|
|2.||Reproduction of lost registration document, insurance policy, registration plate or registration sticker on the glass.||369 PLN|
|3.||Replacement of keys, locks and ignition due to loss of the key.||By the price of the authorized service + 50PLN|
|4.||Every day of vehicle stopping outside the rental period caused by reconstruction of the above-mentioned items.||120 PLN|
|5.||Reconstruction of technical documents (Vehicle Service Record, Warranty Book, Service Manual).||250 PLN for each document|
|6.||Providing written information at the request of law enforcement authorities and administrative bodies about the user of the vehicle in which the offense was committed.||40 PLN|
|7.||Refill of a non-original / original hood.||40 PLN / 130 PLN|
|8.||Delay in car return.||Three times the daily rent rate in the gross amount for each day of delay|
|9.||Recreation of the panel to the radio.||350 PLN|
|10.||Refilling the missing fuel.||Actual cost + 50 PLN|
|11.||The administrative fee for the liquidation of communication damage from the Autocasco policy.||123 PLN|
|12.||The administrative fee for the liquidation of total or theft damage from the policy.||2460 PLN|
|13.||Disassembly of parts of the vehicle equipment or making other alterations or changes without the consent of the Lessor.||200 PLN|
|14.||Lack of informing the Lessor about the need to perform a warranty or post-warranty review.||3000 PLN|
|15.||Lack of informing the Lessor about the necessity to perform tests.||400 PLN|
|16.||Smoking in a vehicle.||300 PLN|
|17.||Towing other vehicles with a rented vehicle.||300 PLN|
|18.||Providing the vehicle to an unauthorized person to drive a vehicle.||500 PLN|
|19.||Unauthorized movement of the vehicle outside the country.||500 PLN|
INFORMATION ON PROCESSING OF PERSONAL DATA
On 25 May 2018, the EU regulation on the protection of personal data will become applicable - Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data data and the repeal of Directive 95/46 / EC (hereinafter referred to as the "RODO Regulation"). The national provisions on the protection of personal data will also change, in particular the current law of 29.08.1997 on personal data protection will be repealed and the law on personal data protection will come into force on 10 May 2018 (these provisions are hereinafter referred to collectively as "RODO Regulations") ).
In connection with the implementation of the RODO Rules, the company Trans Area Sp. z o.o. based in Krakow, at ul. Stanisława Lema 24 / LU1 (hereinafter referred to as Trans Area), informs you about the processing principles of your personal data and the related rights associated with it.
The following rules apply from May 25, 2018.
I. INDICATION OF THE PERSONAL DATA ADMINISTRATOR
The Personal Data Administrator is Trans Area (hereinafter referred to as the "DO Administrator"). Contact with the DO Administrator is possible via the following e-mail address: email@example.com or in writing to the following address: Trans Area Ltd, 31-571 Kraków, 24 / LU1 Stanisława Lema Street with the inscription "Personal data".
II. PURPOSE AND SCOPE OF PROCESSING OF PERSONAL DATA
1. Trans Area processes your personal data:
a) in order to take action before the conclusion of the contract at the request of the data subject or the purpose of the contract to which the data subject is a party [art. 6 par. 1 lit. b. Regulation of the GDPR],
b) in order to fulfill the legal obligation of the Administrator DO [art. 6 par. 1 lit. c. RODO Regulations],
c) on the basis of a legitimate interest [art. 6 par. 1 lit. f. Regulation of the GDPR] in order to:
I. Direct marketing of Trans Area products or services;
II. Organizing and conducting competitions and other marketing campaigns,
III. Monitor and improve the quality of services provided, including monitoring of telephone conversations and customer satisfaction surveys of services rendered,
IV. Risk management and internal control,
V. Investigation or securing of claims,
VI. Providing information on proposed amendments to the Agreement, including the Regulations and the Price List,
VII. Consideration of complaints and complaints regarding services provided by Trans Area.
2. In addition, Trans Area may, on the basis of a separate consent [art. 6 par. 1 lit. a. RODO Regulations] to process data in order to:
a) analyzes of customer preferences and interests or development of services provided based on automated processing by the DO Administrator. Based on the client profile created, the Administrator DO can:
I. adapt the services provided to the individual interests of the client,
II. propose a personalized offer;
b) marketing of own products or services and similar products and services offered by Trans Area partners,
c) direct marketing of products or services of entities cooperating with Trans Area, but the client's personal data will not be disclosed to third parties;
3. Marketing referred to in points b) - c) above may be carried out by Trans Area via electronic means of communication, i.e. SMS, e-mail, MMS, mobile application on the telephone and communication via telephone communication.
III. PERIOD OF PROCESSING OF PERSONAL DATA
Your data will be processed for the period necessary for implementation indicated in point. II goals including:
a) for the duration of the contract, and after its expiry for the period necessary to:
o about after-sales customer service (e.g. handling complaints)
o for securing or seeking possible claims due to Trans Area
o for the implementation of a justified legal obligation of the DO Administrator as a result of the law, tax and accounting regulations;
b) personal data processed for the purposes of marketing Europcar products or services based on legitimate legal interest, will be processed until the opponent reports objection;
c) personal data processed on the basis of a separate consent will be kept until its revocation.
IV. THE RIGHT OF A PERSON WHO CONTAIN PERSONAL DATA
You have the following rights under the RODO Regulations:
a) the right to access personal data being processed, i.e. the right to obtain confirmation via the Administrator of DO and to what extent they process personal data;
b) the right to rectify data if there is a reasonable suspicion that the data being processed is incorrect or incomplete;
c) the right to limit the processing of data, including: i. the right to withdraw pre-existing consents (withdrawal of consent does not affect the lawfulness of the processing of data which was made on the basis of consent before its withdrawal), ii. the data subject has objected to the processing of the data - pending the determination whether the opposition to the processing of data is justified against the justified interest of the Administrator of the DO
d) the right to delete personal data if: i. the data is no longer necessary for the purposes for which it was collected or otherwise processed, ii. the data subject has objected to the processing of data, iii. the data subject has withdrawn the consent on which the processing is based and has no other legal basis for the processing, iv. data are processed contrary to applicable law, v. data must be removed in order to comply with legal obligations.
e) the right to transfer data through the Administrator to another administrator, provided that the processing takes place on the basis of an agreement concluded with the data subject or on the basis of the consent expressed by such a person;
f) the right to lodge a complaint with a competent supervisory authority if Trans. own data is found to violate the provisions of the GDPR;
g) the right to obtain intervention from the DO Administrator, to express their own position and to challenge a decision based on automated data processing.
The rights mentioned in points a) - g) above can be implemented by contacting the DO Administrator (address provided at the beginning, with the note: "Personal data protection").
V. INFORMATION ON PERSONAL DATA RECEIVERS
In connection with the processing of personal data for the purposes set out in point II, your personal data may be shared with the following recipients or categories of recipients:
a) entities involved in the processes necessary to execute contracts with you,
b) entities supporting Trans Area in its business processes, including entities processing personal data for Trans Area (so-called Trans Area processors) participating in the performance of our activities including: agents, advertising agencies, sponsors and other entities involved in the sale of our services or organization of marketing campaigns;
c) entities related to Trans Area within the Trans Area capital group, in the implementation of reporting and reporting obligations;
d) entities providing telecommunications services;
e) entities providing debt collection services and entities purchasing receivables - if you do not pay our bills or invoices on time,
(f) entities providing banking services in order to make refunds on your behalf or to provide a direct debit service;
g) entities providing courier or postal services;
h) entities providing transport services;
i) entities printing correspondence and serving correspondence from clients;
j) business information bureaus and BIK to obtain information about your debts, which are available at these offices;
k) Polish Bank Association in order to verify if your identity document has not been submitted to the Reserved Document System;
l) entities archiving documents;
m) entities involved in customer opinion surveys;
n) entities providing technical services to Trans Area, including: development and maintenance of IT systems and websites as well as providing ICT tools for Trans Area;
o) entities rendering advisory, consulting, auditing, financial, accounting, legal assistance services for Trans Area;
p) Law enforcement authorities in the event of a suspected offense in connection with the implementation of the contract concluded with Trans Area.