general

Terms and Conditions

Szczególne warunki umów

Najmu samochodu

General Terms and Conditions of the Lease (GTCL) set forth special terms and conditions of agreements for leasing cars concluded by Awos – Airport Facility s.c. Bożena Palak, Nadia Palak Latusińska, ul. 1 Maja 2, 40-284 Katowice as part of the car hire company it operates. GTCL shall apply to all of the above mentioned lease agreements, unless the agreement states otherwise.

 
Parties:

 

The Lessor:

AWOS – Awos Airport Facility s.c. Bożena Palak, Nadia Palak Latusińska, ul. 1 Maja 2, 40-284 Katowice, TIN [NIP]: 9542455316, e-mail address: biuro@awos.com.pl

 

Lessor:

a natural person, legal person and organisational unit that is not a legal person to whom the act grant legal capacity, described in the agreement for leasing a car who represents that it accepts the below mentioned terms and conditions of the lease and personal liability for the car leased under the conditions set forth in the lease agreement and GTCL as well as liability for all persons to whom it entrusts the car leased.

 

  1. General provisions

     

    • The Lessor gives the Lessee a car in a good condition, in working order, without damage or defects. All the remarks concerning the car should be reported at the moment it is collected at the latest, or else the right to invoke to the above mentioned at a later period will be forfeited.
    • The Lessee and a person authorised to drive a car may only be a person who at the day of lease, at the latest, has reached 21 and since at least 12 months has had a driving licence acknowledged on the territory of the Republic of Poland for a category required for the car leased.
    • Prior to the conclusion of the lease agreement the Lessee as a person authorised to drive a vehicle cannot use it without an express consent of the Lessor.
    • A third party that is not indicated in the lease agreement as a person authorised to drive a vehicle cannot use it without an express consent of the Lessor.
    • The Lessor can give its consent for driving a car by a person indicated by a Lessee (the second driver) provided that such intention is reported by the Lessee by the time of signing the lease agreement and that the driving licence, valid since at least 12 months, acknowledged on the territory of the Republic of Poland, and a valid identity card or a passport of the person indicated have been presented.
    • If this is impossible to present the above mentioned documents at the moment of concluding the lease agreement, the Lessee shall be obliged to present (within 24 hours of concluding the lease agreement) or send by fax the said documents to the seat of the Lessor, or else the authorisation of the person indicated to drive the car will be acknowledged invalid.
    • The car leased cannot be subleased or transferred to another person for use without the prior written consent of the Lessor. The Lessee cannot give a car to a person not indicated in the lease agreement as a person authorised to drive, pursuant to points 4 and 5, art. 1 of GTCL.
    • The Lessee shall be liable for the actions and damage caused by any person that has been indicated by the Lessee as authorised to drive a car.
    • In case the Lessee cancels the authorisation specified in point 4, art. 1. the Lessee shall be obliged to immediately inform the Lessor of this, provided that the Lessee is liable towards the Lessor for the damage caused by failure to provide the above mentioned information.
    • If the Lessee makes the car leased available to a person who does not fulfil the criteria provided for in the GTCL or to a person who is not indicated as the person authorised to drive a car, the Lessee shall be obliged to pay liquidated damages of PLN 1000 for each unauthorised person that uses the car, which does not exclude the Lessor’s right to claim for damages for the damage caused, exceeding the value of liquidated damages.
    • The lease agreement shall specify the kind, make, group of a car, term of the agreement and the exact cost of leasing the car that the Lessee is obliged to incur.
    • A lease day lasts 24 hours and starts at the moment of starting the lease indicated in the agreement, and if it is not indicated – at the moment of signing the agreement for leasing a car.
    • The Lessor reserves its right to immediately collect the car from the Lessee or any person who is in possession of the car, at the sole expense of the Lessee, if the car is used contrary to the agreement and if the Lessee delays in paying the rent for leasing.
    • In the cases provided for in GTCL when liquidated damages are charged to the Lessee, the Lessor shall have the right to demand the payment of supplementary damages if the damage suffered by the Lessor exceeds the amount of liquidated damages. The amount of liquidated damages is independent of one’s own contribution.
    • All prices specified in GTCL are gross values.
    • The Lessee shall undertake and assume responsibility for making the person indicated by him/her as the one authorised to drive the car familiar with the provisions of GTCL and shall be liable for their observance of GTCL as well as of the obligations that relate to the Lessee.
    • If the Lessee discovers a defect in the car which may threaten the road safety or lead to further damage to the car, it is forbidden to continue using the car until the defect is repaired. In such situation the Lessee shall be obliged to contact the Lessor immediately, and then follow its instructions.
    • The Lessee cannot assign any rights arising out of the lease agreement without the consent of the Lessor.
  2. Lessee’s obligations

    • The Lessee shall be obliged to return the car to the Lessor in condition in which it leased the car, with full equipment and all documents, on the day of return specified in the lease agreement, at the latest. The condition of the car that is returned should enable inspection by the Lessor or else the Lessor reserves its right to carry out a one-party inspection of the car but only after cleaning it within 24 hours of the return.
    • The Lessee gets the fully-fuelled car and shall be obliged to return the car with full tank or else the Lessee shall be obliged to pay liquidated damages to the Lessor at the amount specified in the lease agreement.
    • Without the consent of the Lessor the Lessee cannot move the car leased outside the territory of the Republic of Poland. If the Lessee breaches this provision, he/she will pay to the Lessor liquidated damages equalling threefold charge calculated for each day according to the current price list for leasing.
    • The Lessee shall be obliged to use the car as intended, in a way that would not diminish its value below the normal wear and tear resulting from proper usage of the car.
    • The Lessee shall undertake, in particular, to:
      • comply with applicable legal provisions in a country in which a car is being used;
      • secure the car by closing it and enabling all installed devices that protect the car from theft each time the Lessee leaves the car;
      • secure the car keys, cards and other devices used to open the car, start it and enable the devices that protect the car from theft, and car documents (including driver’s licence and vehicle history card if such was issued) with due diligence;
      • leave the car in a supervised place;
      • pay fines for traffic offences, parking fees and other such charges;
      • transport the allowed number of passengers;
      • care for good technical condition of the car and the element of its equipment;
      • comply with all the recommendations of the social insurance institution included in the insurance terms and conditions relating to securing the car and related documents.
    • It is forbidden to:
      • leave the documents of the leased car, they key and the radio panel
        inside the car;
      • tow other vehicles using the car leased;
      • exceed permissible capacity;
      • make any alterations or other changes in the car leased, inconsistent with its properties and intended use without the consent of the Lessor;
      • drive the car while intoxicated or after drinking alcohol, using drugs, intoxicants, psychotropic substances or substitute agents within the meaning of laws on counteracting drug addiction or other medicines of similar impact;
      • escape from the scene of the event or depart from it although the driver is legally obliged to stay at the scene of the event or the policeman instructed the driver to stay at the scene of the event;
      • start the engine if there is a risk that the engine will suck in the water while operating;
      • use the car in races, competitions or for trainings therefor;
      • use the car for driver’s training;
      • smoke tobacco in the car; if this ban is breached, the Lessee will incur the costs of regenerating or cleaning interior upholstery.
    • If, at the request of law enforcement authorities or citizen guard, the Lessor has to share information that is necessary to punish somebody in criminal proceedings or proceedings in a petty offence case, the Lessor shall be entitled to receive additional fee of PLN 100 from the Lessee.
  3. Charges
    • The rent for leasing is calculated for the whole day. The delay in returning the car up to 2 hours above the time stipulated in the agreement does not result in charging fees for another day of leasing.
    • The fee for leasing shall be charged according to the rate applicable at the day of concluding a lease agreement pursuant to the current price list.
    • The Lessee may choose his/her preferred form of payment (cash, credit card, credit transfer) but he/she is obliged to have and present the credit card at the moment of leasing the car.
    • If the Lessee pays for the lease by using a credit card, the Lessor’s employee makes the sale on the customer’s account at the amount of the price including the cost of leasing.
    • At the moment of leasing the Lessor makes pre-authorisation of the amount of his/her own contribution / deposit as part of security on account of the costs of leasing and other charges resulting from GTCL or the lease agreement.
    • If the Lessee chose another form of payment than by credit card, the money is released at the moment of returning the car.
    • Pre-authorisation of the amount of one’s own contribution will be unblocked at the customer’s card within 7-14 days of returning the car, depending on internal instructions of the credit card owner (BANK).
    • All the prices in the current price list are in a Polish currency (PLN).
  4. Collection and return of a car.
    • The collection of the car by the Lessee and its return to the Lessor is confirmed by way of a protocol. The handover protocol constitutes an integral part of the lease agreement.
    • The act of giving out the car and collecting it by the Lessee takes place in one of the five offices of the Lessor or at another place (following prior arrangements with the Lessor’s employee and making a payment pursuant to the current price list), on the basis of handover protocol of the car.
    • The Lessee collects the car upon signing handover protocol by both parties. Upon giving the car out the risk of loss or damage to the car of which the Lessor is not guilty passes to the Lessee.
    • If the Lessee intends to lengthen the period of leasing the car, it should notify the Lessor of this by the day for returning the car and acquire the latter’s consent, or else the Lessee is obliged to make payment to the Lessor for using the car on a non-contractual basis at the amount of twofold of the fee for each day according to the current price list.
    • Failure to report the intention of lengthening the period for leasing the car and to return the car within 24 hours of the moment the lease agreement expires shall be regarded as appropriation of the car and may be reported to the Police as an offence.
    • If the car is not returned on time, the Lessor shall be entitled to collect the car, the keys, insurance policy and the car documents from the Lessee or any person being in possession of the car and to charge the full costs incurred in relation to collecting the car to the Lessee.
  5. Insurance
    • The Lessor shall state that the car has third-party insurance and comprehensive insurance valid on the territory of the Republic of Poland. Only the persons who use the car upon consent of the Lessor are entitled to insurance pursuant to third-party insurance policy. The departure outside the borders of Poland is possible only if the Lessor gives it consent and the Lessee buys additional insurance valid on the territory of the country in which the car will be used. If the Lessee departs or attempts to depart outside Poland without consent of the Lessor, the Lessee shall be obliged to pay liquidated damages equalling threefold rate of leasing for each day when the car was outside the Republic of Poland, according to the applicable price list, however not less than PLN 1200.
    • The Lessee shall represent that it has read the terms and conditions of insuring the car and understood them.
    • In case of each damage in the car and/or its equipment and/or its theft, under circumstances that will make that according to the terms and conditions of the insurance the payment of damages will be from comprehensive insurance policy of the car, the Lessee will pay the Lessor an additional charge being the own contribution in the damage corresponding to the amount of deposit paid.
    • The Lessee’s own contribution in the damage does not deprive the Lessor of the right to request full rectification of the damage from the Lessee and it is independent on the amount of liquidated damages. In particular the Lessee shall be obliged to rectify the damage incurred by the Lessor as a result of loss or damage to the car, to the extent such damage has not been rectified by payment of damages to the Lessor arising from comprehensive and/or third-party insurance.
  6. Lessee’s liability
    • The Lessee shall represent that it assumes full responsibility for the car leased for the period starting from the moment of giving it out to the Lessee and ending upon returning the car to the Lessor.
    • The Lessor shall assume full financial responsibility for the car leased, in particular:
    • in case of damage to the car, its partial or complete theft not covered by comprehensive insurance or theft under circumstances in relation to which there are exclusions of liability of the car Insurer or in a situation when (in case of omission to carry out suitable actions) the Insurer refuses to pay damages;
    • in case of another damage, in the car and/or outside it, as a result of breaching the rules of road traffic or other applicable road traffic laws if as a consequence of such event or omission to carry out suitable actions the Insurer refuses to pay damages;
    • in case of stealing the equipment, device or systems in the car that constitute additional equipment as well (e.g. radio receivers, players, communication equipment radio cd, roofrack etc.) that are not covered by the insurance;
    • in case when according to terms and conditions of insurance the Insurer’s liability is excluded.
    • Moreover, the Lessee shall be fully liable for the damage, loss or reduction in the value of the car as well as the damage caused to third parties during the term of the lease agreement, not covered by the Insurer.
    • The Lessee shall be liable for proper exploitation, the risk of loss, damage or destruction of the car. Insurer’s liability has only auxiliary nature. In case of damage in the car, caused by improper exploitation or negligence on part of the Lessee, the Lessor may demand rectification of damage from the Lessee up to the full amount.
    • The Lessee shall bear full responsibility towards the Lessor for any damage in the car and theft of the car if the Lessor does not recover (regardless of due diligence) damages from the Insurer for the damage in the car and the Lessor is not responsible for the reasons behind refusing the payment of damages.
    • The Lessee shall bear exclusive liability towards third parties for the damage caused in relation to using the car by the Lessee, even if the laws would impose such liability on the Lessor as an owner or independent holder of the car.
    • If the car or its part was stolen or damaged in any way, for reasons attributable to the Lessee or the person driving the car, the Lessee would be obliged to pay to the Lessor the equivalent of the loss of earnings from leasing, including the product of days on which the Lessor would not have the opportunity to use the car as part of the activity run by it, and a daily rate of rent for leasing a car.
    • The Lessee shall bear full responsibility for damage to the tyres, windows, wing mirrors (also the damage caused while parking a car), to the chassis of the car and its wipers, but also the interior of the car (damage to the car equipment, destruction or stains on upholstery as well as damage caused by cigarette stubs).
    • Immediately following the return or exchange of the car used by the Lessee or following the Lessor’s receipt of the Insurer’s decision on refusing the payment of damages the Lessor reserves its right to charge the Lessee the following costs of:
      • lacking elements of the car equipment or the car parts described in the handover protocol and the costs of destruction over normal wear and tear inside or outside the car;
      • damage caused by improper exploitation of the car or negligence on part of the Lessee, but not resulting from the risks covered by insurance policy (e.g. damaged mirrors, cracked headlights, minor damage to the car bodywork etc.);
      • liquidation of damage and the costs of restoring the car to its previous condition;
      • loss of market value of the car as a result of its damage if the cause of the damage was the guilt of or partial guilt of the Lessee and/or the person driving the car and/or the passenger or if it was the result of making alterations or other changes inconsistent with the properties and intended use of the vehicle without the Lessor’s consent;
      • resulting from the damage caused as a result of improper securing the car and loss of related documents.
  7. Accidents and thefts.
    • In case of an accident, collision (related to the damage or without damage to the car), theft of the car of its equipment or damage to it in any other way, the Lessee or another person driving the car should call the Police to the scene of event and the Lessee should demand that the Police gives out the protocol/memo and give the Lessee a written attestation of the damage and losses suffered and then hand it over to the Lessor. Each accident, collision, damage, loss or theft of the car and/or its equipment must be immediately, but not later than within 6 hours, reported to the Lessor so that it would be aware of such event. Moreover, the Lessee or another person driving the car shall be obliged to write down and give over, within 24 hours, data on all participant of the event, numbers of insurance policies and last names of the policemen at the scene of the event to the Lessor as well as secure the car against further damage or destruction.
    • In no case can the Lessee accept any third party claims. The Lessee shall be obliged to give assistance to the Lessor and/or its Insurer concerning all claims and/or court cases in relation to the accident, collision or damage, in particular by:
      • providing a completed and confirmed claim notification form;
      • providing complete data of the participants and witnesses of the accident and detailed description of the event;
      • not leaving the car without attention or securing the car;
      • taking all necessary actions aimed at determining the perpetrator and securing the evidence that may contribute to determining the level of liability of the perpetrator if the accident or damage was caused by a third party.
    • If the Lessee breaches any of the above mentioned provisions, the Lessor will bear full responsibility for the damage caused to the Lessor or a third party on that account.
  8. Deposit
    • In order to secure the claims of the Lessor resulting from this agreement the Lessee shall be obliged to pay to the Lessor a deposit of PLN 400-10 000 gross at the moment of collecting the car, at the latest.
    • The Lessee agrees that the deposit described in the preceding paragraph may be treated by the Lessor against the amounts due from the Lessee, in particular for the rent for leasing, damage in the car, liquidated damages, payment for using the car on a non-contractual basis, own contribution in case of damage in the car or theft of the car.
    • The deposit does not influence the limitation of liability of the Lessee and the Lessor shall reserve its right to claim for damages exceeding the amount of deposit if the amount of deposit does not cover the damage suffered by the Lessor.
    • The Lessor may retain the deposit until the damage is fully repaired, which does not breach the provisions of Article 3 of GTCL.
  9. Liability and rights of the Lessor.
    • The Lessor shall not be liable for the things that are transported, lost, left
      in the car, nor for any fees or penalties (fines) charged on the Lessee with relation
      to using the car during the term of a lease. The Lessor shall not be liable for the things that are transported, lost, left
      in the car, nor for any fees or penalties (fines) charged on the Lessee with relation
      to using the car during the term of a lease.
    • The Lessor shall not be liable towards third parties for any compensation claims resulting from the damage caused by the Lessee or the person driving the car during the term of lease.
    • The Lessee acknowledges the fact that the Lessor’s cars may be equipped with GPS navigations devices and may be closely monitored, and the car may even be immobilised.
    • The Lessor shall reserve its right to detailed inspection of the car after its return within a period of maximally 24 hours.
  10. Lessee’s statement.
    • The Lessee states that he/she has been informed by the employee of Awos Airport Facility s.d. Bożena Palak, Nadia Palak Latusińska, ul. 1 Maja 2, 40-284 Katowice, of the following guidelines pertaining to the lease of the car:
      • The type of fuel that should be used while using the car leased.
      • The necessity of returning the car together with the keys, vehicle registration card and parking ticket.
      • The place and way of returning the car.
  11. Final provisions.
    • The Lessor shall reserve the right to amend the GTCL at any time. The GTC with changes will be available at the Lessor’s website. The change of GTCL comes into force at the moment of publishing the change or the text of GTCL that contains the change at the Lessor’s website. Any changes in GTCL do not influence the lease agreements concluded that are being performed.
    • In cases not governed by GTCL the provisions of the Polish Civil Code and other Polish laws shall apply.
    • Any and all the disputes that may arise in relation to the agreement for leasing the car should be resolved by the court competent for the Lessor’s seat. The preceding clause does not apply to the agreements concluded with consumers.
    • The Lessor acts as the controller of Lessees’ personal data. The rules of processing personal data of the Lessees have been specified in the Privacy Policy which constitutes integral part of GTCL.
    • The Lessor shall state that it entirely fulfils its obligations resulting from the Act on consumers’ rights of 30th May 2014, even if they were not directly expressed in the GCTL.
      Complaints in connection with the services rendered by the Lessor should be directed by e-mail or traditional postal services to the correspondence address presented at the beginning of GCTL.
    • The Lessor shall be obliged to consider the complaints received within 30 days of the day they are received. A response to the complaint will be made electronically to the e-mail address provided by the Lessee in the contact form, unless the Lessee indicated another way of responding to the complaint.
    • If the Lessee wishes to use the services offered by the Lessor, he/she must possess:
      • terminal device with access to the Internet;
      • e-mail address;
      • a browser that enables using the services.
    • The Lesser shall inform that to resolve the disputes between the consumers and entrepreneurs ODR platform has been launched, at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=PL.
    • The Lessee shall represent that he/she has received these GTCL prior to signing the lease agreement, had read and understood them, and accepts them.