Statute

in the scope of car rental (valid from 17.05.2018)

I. General provisions

§1

These Regulations (hereinafter referred to as the Regulations) specify the detailed terms and conditions of car rental agreements concluded by the company operating under the name Dolcar spółka z ograniczoną odpowiedzialnością sp.k. with its registered office in Warsaw at Al. Krakowska 179. The Regulations apply to all rental agreements unless a given agreement provides otherwise.
These Regulations constitute an integral part of the rental agreement. In the event of any discrepancy between the Regulations and the agreement, the provisions of the agreement shall apply.
The parties to the car rental agreement are:
1. Lessor – DOLCAR spółka z ograniczoną odpowiedzialnością sp.k. with its registered office in Warsaw at Aleja Krakowska 179, entered into the register of entrepreneurs maintained by the District Court in Warsaw, 13th Commercial Division of the National Court Register under KRS number 656852, REGON number 366274490, NIP number 5223080808.
2. Tenant – a natural person, a legal person or an organizational unit which is granted legal capacity by law.

II. The Lessee and the Driving License

§2

The lessee of the car and the person authorized to drive the rented car may be a person who is at least 18 years old, has a valid identity card (in the case of a foreigner, a valid passport must be held) and has the right to drive the rented vehicle.
The tenant may also be a legal person or an organizational unit that has legal capacity under the law, if it is represented by a natural person who meets the above criteria.
The requirements specified in paragraphs 1 and 2 apply throughout the duration of the lease agreement. If it is found that the Tenant and/or a person entered in the lease agreement fail to meet the requirements specified in this point, the Landlord shall be entitled to terminate the lease agreement with immediate effect.
The car may be driven by a person meeting the requirements specified in paragraphs 1 and 2, listed in the rental agreement as the driver or by a person authorized in writing by the Lessor to drive the car. The rented car may not be sublet or transferred to another person for use without the prior written consent of the Lessor. The car may also not be given by the Lessee for use to a person not listed in the rental agreement as the driver of the vehicle.
The Lessor may authorize another person to drive a vehicle after providing the Lessor with original documents confirming that the person meets the criteria set out in the Regulations. The authorization referred to in the preceding sentence does not require concluding an annex to the lease agreement.
The Tenant undertakes to comply with the provisions of the Regulations and the lease agreement.

§3

The Lessor shall not be liable for items transported, lost, or left in the subject of the lease, or any fees (in particular parking fees and fines) imposed through the fault of the Lessee in connection with the use of the subject of the lease. The Lessor shall not be liable to third parties for any claims for compensation resulting from damage caused by the Lessee or the person managing the subject of the lease during the lease period.
If the Lessee makes the rented car available to a person who does not meet the requirements set out in § 2 of the Regulations or is not indicated in the agreement as the person authorized to drive the vehicle or to a person to whom the Lessor has not granted such authorization, the Lessor will retain the deposit paid by the Lessee.

§4

The conclusion of the rental agreement takes place by the signing of the Car Rental Agreement by the Lessor and the Lessee.
The rental period starts from the date and time specified in the rental agreement, unless the parties agree otherwise. The condition for renting a car is to pay a deposit at the rate applicable on the day of conclusion of the agreement.
The lessee rents the vehicle in a clean, functional condition and is obliged to return it in the same condition.
The car is handed over with enough fuel to get to the gas station, the lessee is obliged to return the car with the same fuel level. The cost of fuel used during the rental is covered by the lessee.
If the Lessor consents to travel abroad, the Lessee is obliged to purchase additional assistance insurance for foreign travel at his/her own expense.

III. Tenant’s Obligations

§5

The tenant is obliged to:
1. have valid documents required by road traffic control (driving license valid and accepted in the territory of the Republic of Poland, registration certificate, third party liability insurance policy, car rental certificate),
2. use of the fuel type in cars in accordance with the engine specification given in the registration certificate and in the vehicle’s technical documentation,
3. using the vehicle in accordance with its intended purpose, exercising due diligence in the use of the vehicle,
4. securing the vehicle against theft,
5. each time the vehicle is closed and alarms and locks are activated,
6. performing standard vehicle maintenance at your own expense, i.e. checking and possibly refilling the windshield washer fluid, coolant, engine oil and other operating fluids, checking the efficiency of the lights and possibly replacing the bulbs,
7. each time after finishing the journey – securing the registration certificate and a set of keys outside the car,
8. compliance with applicable road traffic regulations.
In particular, the tenant is prohibited from:
1. driving a car under the influence of alcohol, drugs or other intoxicating substances or substances causing impaired consciousness,
2. exceeding the speed limit,
3. smoking in the car,
4. making any modifications or other changes to the rented car that are contrary to its properties and intended use without the consent of the Lessor,
5. transporting a larger number of people or a larger mass of cargo than specified in the vehicle registration document, regardless of whether such transport is planned or exceptional
6. starting, pushing or towing other vehicles,
7. transporting corrosive, dirty, sharp-edged materials or other substances that may cause corrosion, destruction, damage or contamination of any vehicle components, as well as agents and materials the possession of which is prohibited by law.
8. In the event of violation of the provisions of paragraph 2, the Lessee loses the deposit for the given car.
9. In the event of making alterations or changes to the rented car, as referred to in paragraph 2 point 4, the Lessor reserves the right to charge the Lessee with the costs of restoring the previous condition and to demand payment for the loss of value of the vehicle caused by the alterations or changes, as referred to in paragraph 2 point 4.

§6

The Lessor or other persons authorized by him have the right to inspect the Lessee in terms of the use and condition of the vehicle and the Lessee’s documents related to the above circumstances.
The Tenant is obliged to allow inspection and make documents available to the Landlord or a person authorized by him.

§7

After the lease agreement ends, the lessee is obliged to return the car at the place and time specified in the agreement.
The Lessee may return the car to a different location for an additional fee after prior arrangement with the Lessor.
The costs of returning the car to a place other than specified in the agreement, without the written consent of the Lessor, are borne by the Lessee. In the event of leaving the car inoperable or damaged, the Lessee is responsible for the cost of towing the car.
Arbitrary extension of the rental period by more than 59 minutes will result in charging for the entire day.
In the event of the Lessee’s failure to notify of the intention to extend the car rental and failure to return the car within 5 hours from the end of the rental period specified in the concluded rental agreement, this will be the basis for the Lessor to:
1. charging the Tenant a contractual penalty as provided for in the Price List,
2. calculation of fees for the period of arbitrary extension of the lease according to the Price List,
3. retention of the deposit paid by the Tenant.

§8

Extending the car rental without prior agreement with the Lessor by more than one day beyond the time specified in the agreement will result in, in addition to the loss of the deposit, a contractual penalty in the amount of double the value of the deposit for each additional day exceeding the rental period specified in the agreement.

§9

In the event of theft or breakdown of the car during the rental period, the Lessee is obliged to immediately notify the Lessor and the Police. If the defect may pose a threat to road safety, it is forbidden to continue driving until it is repaired.
The Tenant is obliged to immediately notify the Landlord by calling 600975414 or 696465603.
If the damage to the vehicle occurred as a result of a road accident, the Lessee is obliged to call the Police to the scene of the accident and secure the car.
In the event of damage to the car caused by the Lessee, he or she will be charged a fine according to the daily car rental rate for each day of repair.
In the event of theft of the car due to the fault of the Lessee (in particular due to failure to secure the car, i.e. failure to lock the car and failure to activate alarms and locks), the deposit is forfeited.

§10

Moving a rented vehicle across the border of the Republic of Poland requires the Lessor’s consent expressed in writing under penalty of nullity. In the event of a breach of the above prohibition, the Lessee will pay a contractual penalty of PLN 1,000.00 net for each day the vehicle is outside the borders of the Republic of Poland. Regardless of the above, the Lessor has the right to terminate the agreement with immediate effect without observing the written form.

IV. Obligations of the Lessor

§11

In the event that the rented car is immobilized for a period longer than 8 hours, the Lessor will, if possible, provide the Lessee with a replacement car. The Lessee does not pay a car rental fee for the waiting period for the replacement car.
A replacement car is not provided in the event of:
1. loss of the registration certificate and/or insurance policy and/or car keys due to the Lessee’s fault,
2. damage to the car due to the fault of the Lessee, the second driver or a person authorized by the Lessee,
3. immobilization of the rented car outside the territory of the Republic of Poland,
4. parking damage and vandalism.

V. Fees, additional fees, deposit and contractual penalties

§12

The fee for the rental period is paid in advance at the rate applicable on the date of conclusion of the agreement, unless the parties have agreed on another form of settlement.
The prices of daily rates and the amount of the deposit are available in the price list on the website www.dolcar.eu .
The Lessor reserves the right to waive the collection of the deposit and to deduct from the amount of the deposit any receivables arising from the use of the car by the Lessee. Any unused deposit is subject to refund.

§13

The tenant pays additional fees in the event of:
1. handing over the car outside office hours – service fee – PLN 50.
2. Returning the car outside office hours – service fee – PLN 50.
3. delivering the car or collecting it within Warsaw, depending on the distance – PLN 30 to PLN 150.
4. GPS navigation rental for Poland for each day of rental – PLN 10.
5. rental of a child seat for a child weighing 0-18 kg, per day – PLN 10.
6. rental of a child seat for a child weighing 9-36 kg, per day – PLN 10.
7. returning the car with a half-full tank – cost of missing fuel plus refill fee – PLN 10/l.
8. returning a dirty car (inside and/or outside) – PLN 49.
9. exceeding the mileage limit –
  Group A,B,C,C+,T,P PLN 0.30 / for each exceeded kilometer.
  Group D PLN 0.40 / for each exceeded kilometer.
  Group D+, SUV, Premium PLN 0.50 for each exceeded kilometer.
  Sport Group / PLN 2.0 for each exceeded kilometer.
  10) Deductible for damage in the event of damage caused by the tenant’s fault
  Group A,B,C,C+,T PLN 1,500 net.
  Group D,P PLN 4,500 net.
  Group D+, SUV PLN 12,000 net.
  Premium Group PLN 18,000 net.
  Sport Group PLN 60,000 net.
10. In the event of damage to the vehicle due to the Lessee’s fault, the Lessor may charge the Lessee for each day of parking the car in accordance with the price list until the car is repaired.
11. The lessor charges the Lessor a fee for providing written information about the user of the car at the request of law enforcement or administrative bodies. The Lessee then pays a fee of PLN 100 for each piece of information provided.

§14

In the event that the customer damages the vehicle due to driving under the influence of alcohol, he or she will be charged the costs of repair, collection of the car as well as the costs of parking the car for this reason at the rental rate per day.
The tenant is liable for the full amount of damage in the following cases:
1. driving a car under the influence of alcohol, drugs or other intoxicating substances or without a valid driving license
2. damage resulting from wilful action, omission or gross negligence
3. fleeing the scene of an accident or collision
4. refusal to pay compensation by the insurer due to the fault of the Tenant
5. failure by the Lessee to return the registration certificate or a set of keys after the car has been stolen
The tenant is liable for contractual penalties for:
1. damage, loss or destruction of the key with the central locking controller caused by the Lessee, loss or destruction of the remote control or alarm key – PLN 800,
2. damage, loss or destruction of a key without a central locking controller caused by the Lessee – PLN 400,
3. damage, loss or destruction of vehicle documents or vehicle card caused by the Lessee – PLN 500,
4. damage, loss or destruction of the insurance policy, registration plate, registration sticker on the window caused by the Lessee – PLN 500,
5. violating the ban on smoking in a car – PLN 1,000,
6. returning a car with an unpleasant smell – PLN 500,
7. preventing the inspection of the condition and use of the car caused by the Lessee – PLN 1,000,
8. loss of car warranty due to the Lessee’s fault – PLN 5,000,
9. refueling a car with the wrong type of fuel – PLN 10,000,
10. the Lessee dismantles or replaces parts of the car or makes any modifications without the Lessor’s consent – restoration costs plus PLN 1,000.
If the damage suffered by the Lessor exceeds the contractual penalty, the Lessor is entitled to demand payment of additional compensation.

VI. Final Provisions

§15

The Tenant authorizes the Landlord to issue VAT invoices without signature in matters regulated by the agreement.
This document is the property of the Lessor. Its reproduction, transfer and copying, in part or in whole, without the written consent of the Lessor is prohibited.
In cases not regulated by these Regulations or the agreement, the relevant provisions of the Civil Code shall apply.
All prices listed in the regulations and on the website www.dolcar.eu include applicable taxes and are gross prices.

I declare that I have read the above rental conditions and that they are understandable to me and I fully accept them. Tenant’s Signature

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