Car Rental Terms & Conditions
Renting of the car is done in 24 hour time units and begins at the moment of starting of the agreement.
The renter presents the following documents:
- → identity card (passport in case of foreigners)
- → driving licence (has been valid for at least 12 months)
- → credit card
We accept credit card generally accepted in Poland:
American Express, Diners Club, Japan Credit Bureau JCB, MasterCard, Visa.
(A valid credit card must be presented at the time of rental. The card will be pre-authorised for the amount /deposit/ covering estimated car rental and other costs e.g. Renter’s own contribution, refuelling charge, etc. The customer’s credit card will be charged with the actual correct amount at the end of the rental and deposit will be canceled.)
The Renter should also meet the requirements of minimal age, i.e.:
- → 21 years old for cars oc categories B, B+
- → 25 years old for cars of other categories.
FOREIGN DRIVING LICENCE
Under Article 94 of the Law of Road Traffic Act of June 20, 1997 , the valid (during the period of validity) FOREIGN DRIVING LICENCE shall authorize to drive within the territory of the Republic of Poland a relevant motor vehicle, if issued by:
I. A member state of the European Union:
Austria, Belgium, Bulgaria, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Greece, Spain, the Netherlands, Ireland, Lithuania, Luxembourg, Latvia, Malta, Germany, Poland, Portugal, Romania, Slovakia, Slovenia, Sweden, Hungary, the United Kingdom, Italy.
II. A member state of the Swiss Confederation
III. A member state of the European Free Trade Association (EFTA)(the abovementioned countries were omitted): Iceland, Liechtenstein, Norway.
IV. A state that is a party to the Vienna Convention on Road Traffic 1968:
Bosnia and Herzegovina
Central African Republic
Co-operative Republic of Guyana
Democratic Republic of the Congo
Federal Republic of Brazil
Federal Republic of Germany
Former Yugoslav Republic of Macedonia
Grand Duchy of Luxembourg
Islamic Republic of Iran
Islamic Republic of Pakistan
Kingdom of Bahrain
Kingdom of Belgium
Kingdom of Denmark
Kingdom of Morocco
Kingdom of Norway
Kingdom of Sweden
Oriental Republic of Uruguay
Principality of Monaco
Republic of Albania
Republic of Austria
Republic of Belarus
Republic of Bulgaria
Republic of Croatia
Republic of Cuba
Republic of Estonia
Republic of Finland
Republic of Kazakhstan
Republic of Latvia
Republic of Lithuania
Republic of Moldova
Republic of Niger
Republic of San Marino
Republic of Senegal
Republic of Seychelles
Republic of Slovenia
Republic of South Africa
Republic of Tajikistan
Republic of the Ivory Coast
Republic of the Philippines
Republic of Uzbekistan
Republic Of Zimbabwe.
State of Israel
State of Kuwait
State Union of Serbia and Montenegro
Citizens of other countries (not mentioned above) must have INTERNATIONAL DRIVING LICENSE.
Detailed terms and conditions of car rental:
GENERAL CAR RENTAL TERMS AND CONDITIONS „JOKA KAMIŃSKI SP. J.” 14.04.2014.
§ 1. INTRODUCTORY PROVISIONS
1. JOKA KAMIŃSKI SP. J. (hereinafter referred to as the Owner) rents out a car specified in the provisions of a car rental agreement (hereinafter referred to as a vehicle).
2. A Renter is a natural or legal person, or a corporate unit without legal personality, named in the ‚Renter’ rubric in the car rental agreement who has signed the agreement. In case of legal persons or corporate units without legal personality, the agreement is to be concluded on their behalf by persons duly authorised in writing at the time of the agreement conclusion to agreement obligations on behalf of the above indicated entities. A prerequisite for conclusion of a car rental agreement by the Renter is having a driving licence of the category required by applicable regulations as appropriate for the category of the vehicle rented. The driving licence is to be valid for a minimum of 12 months before the agreement conclusion date, moreover:
a) in case of vehicles of groups A and B, the Renter should be minimum 21 years old on the agreement conclusion date;
b) in case of vehicles of groups C, CSW, D, DSW, E, the Renter should be minimum 25 years old on the agreement conclusion date;
3. The Renter or the User are obliged to have the above licence for the whole rental period. Should he/she loose the licence in the course of the rental period, the Owner shall have the right to terminate the contract with an immediate effect.
4. Subject to § 6 clause 1 item 1, conclusion of a car rental agreement is also permitted when a user of a vehicle is going to be a third party indicated by the Renter. If such a contract is concluded, the third party mentioned above is liable towards the Owner, under the rules specified in the car rental agreement, instead of the Renter, which however does not apply to the payment obligations mentioned in § 2 which the Renter is liable for. To conclude such a contract, a written request by the Renter is required, which may also be sent by fax, and an appropriate declaration, included in the provisions of the car rental agreement, signed by the third party mentioned above.
5. Beyond the vehicle the subject of the lease is also a built-in radio receiver and the vehicle constitutes a separate leased. Parties jointly agree that contain a lease agreement for the radio receiver for the duration of the lease agreement of the vehicle and to the identical
the vehicle rental agreement.
§ 2. RENTAL FEES
1. The Renter is obliged to pay all the fees included in the Owner’s price list (hereinafter referred to as ‘price list’) under the rules and by the deadlines specified in the provisions of the rental agreement and the VAT invoice, subject to the provisions included herein.
2. Unless otherwise stipulated in the provisions of the rental contract, any fees resulting from the rental contract shall be paid be the Renter through a banking transfer within 7 days to the Owner’s banking account at Bank PEKAO S.A. III o/Katowice, account no.: 92 1240 2975 1111 0000 3130 8326.
3. The contracting Parties may agree that the Renter or the User are obliged to pay a deposit for the rental duration. In such a case, the amount of the deposit, the deadline for its payment to the Owner and rules for its calculation or return after expiry of the vehicle rental period shall be specified in the rental contract. In case of payment with a credit card in the presence of the Renter or the User, the so called preauthorisation shall be effected, i.e. blocking of cash as a deposit for the vehicle rental period. The deposit amount includes the predicted rental cost, additional charges and franchise (in some cases, the deposit amount is established individually by the Owner and it may be higher). The account of the credit card displayed shall be debited with the total cost on the date of the vehicle return unless the Renter or the User proposes a different form of payment.
4. In case of a delay in payment of fees or a possible deposit mentioned in clause 3, the Owner may demand statutory penalty interest from the Renter or the User for each commenced day of the delay in payment.
5. A vehicle reservation is accepted for a respective vehicle group without specifying the model. A reservation lodged shall be confirmed by the Owner in writing and honoured for 1 hour after the appointed time of the vehicle rental. The reservation can be cancelled without any charges, not later than 24 hours prior to the appointed rental time, through sending a written notice by e-mail or fax to the Owner’s relevant office. If the reservation is not cancelled and the Renter or the User fails to turn up at the appointed time and place to collect the vehicle or does not collect the vehicle for other reasons, he/she shall be charged with costs of 1 rental day and the costs of putting the vehicle to the agreed place as per additional charges price list. If the vehicle is not issued in due time for the Owner’s fault, the above shall apply respectively.
5a. If the Owner renders accessible a vehicle of a lower group than the one indicated in the reservation accepted, the Renter or the User may request a reduction of the rent or withdraw from the contract.
6. The Renter authorises the Owner to issue a VAT invoice documenting the rental service without the Renter’s signature.
§ 3. STARTING AND TERMINATION OF RENTAL
1. The vehicle rental will commence on the day and time specified in the provisions of the car rental agreement and delivery report.
2. A rental day lasts 24 hours, starting from the time mentioned in clause 1. A maximum admissible delay in the vehicle return is 60 minutes. A delay in the vehicle return exceeding 60 minutes shall result in a contractual penalty 3 times as high as the basic rate for the day charged for each commenced day of delay in the vehicle return.
3. Each extension or shortening of the vehicle rental period requires the Owner’s written consent. Such an intention should be notified to the Owner in writing not later than 24 hours prior to the vehicle return time (by fax or e-mail or personally at any of the offices). A failure to notify an intention to extend the rental period and a continued use of the vehicle shall be treated as misappropriation of property (art. 284 of the Penal Code) and shall be notified by the Owner to the law enforcement authorities (the police or the public prosecutor’s office). Also the Theft Waiver insurance shall expire. If the vehicle is not returned in due time, the Owner shall have the right to collect the vehicle from the Renter or the User, together with the key, the registration card and the policy, and to charge the Renter or the user with any additional costs incurred.
§ 4. DELIVERY AND RETURN OF VEHICLE
1. A vehicle is delivered to the Renter or the User on commencement of a car rental agreement mentioned in § 3 clause 1 unless the Parties agree otherwise. A vehicle is delivered to the Renter or the User, clean inside and outside, with a fuel tank full and the amount of fuel is shown in litres in the provisions in the car rental agreement (hereinafter referred to as ‘fuel level’) and in the delivery report.
2. The Renter or the User are obliged to submit any objections concerning the technical condition of the vehicle at the time when the vehicle is delivered at the latest. The objections submitted shall be indicated by the Owner in the delivery report. If the Renter does not submit any objections at the time specified in the sentence above, it shall be assumed that the technical condition of the vehicle has been sound, without any faults or defects, in accordance with the delivery report.
3. When the rental period expires, the Renter or the User are obliged to return the vehicle to the Owner at the place and on the day specified in the rental contract. If the Renter or the User fail to return the vehicle under the rules specified in the sentence above, they shall be liable towards the Owner in accordance with § 3, clause 2, 3 and § 10.
4. The vehicle should be returned in such a condition in which it was taken by the Renter, i.e. a condition which is at least as good as the condition resulting from correct use of the vehicle. If the condition of the vehicle does not match the condition mentioned in sentence 1 and clause 1 above, the Renter or the User shall be liable towards the Owner in accordance with § 10.
5. When returning the vehicle, the Renter or the User are also obliged to return all the documents that have been handed over to them on commencement of a rental contract, in particular a car registration card and insurance policy, as well as a set of car keys. Otherwise, the Renter or the User shall cover the costs of issuance of duplicates of the registration card and insurance policy and in the event of a loss of the key, the costs of making a new key to the vehicle, together with coding and/or replacement of locks, as well as to cover the costs of safeguarding the vehicle, in particular, the costs of hauling the vehicle, or charges for leaving the same at an attended car-park.
6. The fuel level in a returned car must correspond to the level mentioned in clause 1, sentence 2. If the Renter or the User fail to fulfil the obligation mentioned above in the first sentence and in clause 2, they will be liable towards the Owner under the rules specified in §10, however if the fuel level in the returned vehicle is lower than the level mentioned in clause 1, sentence 2, the Renter or the User are obliged to pay to the Owner for the fuel shortage at a price established by the Owner and filled in the rental contract in the ‚Fuel’ section.
§ 5. TYPES OF VEHICLES
1. Vehicles which may constitute the subject of a rental contract are divided into groups: B, B+, C, CSW, D, DSW, E depending on the make, model and equipment.
2. Written information specifying which car types, makes and models are included in the groups mentioned in clause 1 is clearly displayed at every rental office of the Owner.
3. The group mentioned in clause 1 is designated by filling in an appropriate section in the car rental agreement.
§ 6. CONDITIONS FOR VEHICLE USE
1. The Renter or the User are obliged to observe provisions of the law in force in the territory of Poland and in particular, traffic regulations. The Renter or the User shall be responsible for any infringements of traffic rules, and in particular for any offences against traffic regulations occurred during the rental and related to the use of the vehicle. The Renter or the User shall also be solely responsible for any civil law and public law liabilities related to the infringements referred to in the preceding sentence. In particular, they are obliged to cover any damages, penalties, fines, tickets and other financial or non-financial liabilities resulting from those infringements. Should the Owner be charged with the charge referred to in the third sentence due to the Renter’s or the User’s infringement of the regulations referred to in the first sentence above, the Renter or the User shall reimburse the Owner for the costs incurred within 7 days of receipt of the relevant debit note.
2. In the course of the vehicle use, the Renter or the User are obliged:
a) to safeguard carefully the vehicle and its accessories against theft through locking each time the vehicle, its windows and boot and switching on the alarm as well as through securing the registration card and the key outside the vehicle (it is forbidden to leave the documents and/or the key in the vehicle and it shall results in cancelling the Theft Waiver insurance).
b) to check regularly the controls located on the dashboard and to stop the vehicle immediately and notify the Owner by phone should any irregularities of failure of the vehicle be signalled.
c) to check regularly the vehicle technical condition resulting from the current use, and, in particularly, to check and possibly replenish/repair at his/her own expense: engine oil, windscreen washer fluid, air pressure in tyres, signal, passing and driving lights.
d) to apply fuel of proper type in the vehicle, in conformity with engine specifications indicated in the registration card, in the rental contract – in the space „Car”, and on the vehicle – at the fuel inlet.
e) to maintain the car in a duly clean condition. It is forbidden to transport goods and soiling materials. It is forbidden to smoke in the car or to transport animals in it; these bans arise from the care for the Renter ‘s safety, especially when driving the car. Any infringement of the ban by the Renter or the User shall be liable to a contractual penalty of PLN 300, without prejudice to the Owner’s right to claim damages on general terms above the amount of the penalty reserved.
f) The vehicle is equipped with five wheels, free from defects. In case of damage to any of the wheels during the course of the rental, the Renter or User is obliged to repair or replace it with a new one at own expense, having exactly the same technical parameters as the damaged one.
3. Subject to clause 4, the vehicle must not be used:
a) by a third party which is not the Renter or the User unless the Owner gives an approval for that, subject to § 1 clause 4; in such a case, the personal data and place of residence of such a party will be filled in an appropriate rubric in the rental contract; the third party should have a valid driving licence of an appropriate category for the period mentioned in § 1 clause 2 sentence 2, and meet the conditions concerning the minimum age referred to in § 1 clause 2;
b) if the Renter or the third party mentioned in item 1 or §1 clause3 are under the influence of alcohol, hallucinogens, drugs or other psychotropic agents or substances, in particular the ones that affect consciousness or concentration;
c) by any other person which is not the third party mentioned under letter a);
d) outside the territory of Poland unless the Owner gives an approval for that through filling in the relevant section in the rental contract (‘Going abroad’); The intention to use the car outside the territory of Poland should be notified to the Owner at the time of the vehicle reservation so that the Owner may provide civil liability insurance for travelling abroad. Using a vehicle outside the territory of Poland without notifying such intention by the Renter or the User or a third party shall be liable to contractual penalty of PLN 500 for each commenced day of using the car outside the territory of Poland;
e) in races, rallies or any other type of sporting competitions;
f) for paid transport of passengers, unless the Owner gives an approval for that by filling in an appropriate rubric in the rental contract;
g) for paid or unpaid transport of things unless the Owner gives an approval for that by filling in an appropriate rubric in the rental contract;
h) for any activities which are inconsistent with the binding legal regulations, including activities which are inconsistent with the legal regulations of a foreign country if the Owner gives an approval for use of the vehicle outside the territory of Poland;
4. Notwithstanding the provisions of clause1, the Renter may not give the vehicle to any third party on a sub-rental or free use basis, except for giving it for free use to another third party, subject to § 1 clause 4, unless the Owner gives an approval for that. If the Owner gives an approval for that, an appropriate section (‚User’) in the rental contract will be filled in. In such a case, the rental fee shall be increased due under to the rules specified in a price list.
5. It is assumed that the Renter bears liability for any actions or failure to act by the User, including those which have caused or may cause damages for the Owner.
§ 7. VEHICLE INSURANCE
1. The Owner declares that a vehicle is insured to cover Collision Damage Waiver (hereinafter referred to as CDW) and Theft Waiver (hereinafter referred to as TW). The fact that the vehicle is covered by CDW and TW does not give the Renter or the User the right to claim compensation from the respective insurer unless this right results from the legal regulations or provisions of relevant general terms and conditions of insurance. The fact that the vehicle is covered by TW insurance is confirmed by the Owner’s marking an appropriate rubric in the rental contract and the Renter’s or the User’s signing a declaration saying ‚I accept the general terms and conditions of TW insurance’ as included in the provisions of the rental contract.
2. The Owner also declares that within a rental fee specified in a price list, the Renter or the User are covered by an additional Personal Accident Insurance (hereinafter referred to as PAI). The fact that the Renter or the User are covered by PAI insurance is confirmed by the Owner’s marking an appropriate rubric in the rental contract and the Renter’s or the User’s signing a declaration saying ‚I accept the general terms and conditions of PAI insurance’ as included in the provisions of the rental contract.
3. If the Renter or the User are covered by PAI insurance, the maximum compensation under this insurance cannot exceed PLN 10.000, as per general terms and conditions of insurance.
4. The Renter or the User are obliged to acquaint themselves with provisions of the insurance policy, the general terms and conditions of vehicle insurance contacts, to observe the provisions thereof and, when given access to a vehicle, to instruct the vehicle driver on the obligations resulting from those documents or else they shall be liable for the damage incurred. The current general terms and conditions of insurance are available at the Owner’s offices and online address:
§ 8. ADDITIONAL RENTER’S OBLIGATIONS
1. If a vehicle gets damaged or destroyed, in particular due to an accident or a collision, or lost in part or in whole in any other way, in particular due to any types of theft as stipulated by the penal code regulations, the Renter or the User are obliged:
a) to inform immediately the police and the Owner and not to leave the place where the event occurred until the police come;
b) to notify the Owner on any damage to the vehicle not later than within 2 hours of its occurrence;
c) to present to the Owner, within 12 hours of occurrence of any of the above-mentioned events at the latest, a copy of an identity document of the Renter or a third party mentioned in § 1 clause 3 or a third party mentioned in § 6 clause 1 item 1 if this person has driven the vehicle (an identity card or a passport), a copy of a driving licence of the persons listed above, a written report with a situation outline concerning the event, in particular a description of all circumstances of the accident or the collision or the place and circumstances in which the vehicle has got lost, including personal data and addresses of persons who participated in the event and the witnesses, as well as registration numbers of vehicles which participated in the event; with the report mentioned above, in the first sentence. The Renter or the User are also obliged to provide the Owner with an appropriate official note from the police as soon as they receive it, but not later than within 7 days of its receipt.
2. In the case of any of the events mentioned in clause1, the Renter or the User have no right to accept claims made by any third parties. If the Renter or the User breach the obligation specified in the previous sentence, such acceptance will not be binding for the Owner, and furthermore the Owner may demand from the Renter or the User payment of a contractual penalty of PLN 1.000 without prejudice to the Owner’s right to claim damages on general terms above the amount of the penalty reserved.
§ 9. THE OWNER’S LIABILITY
The Owner is liable towards the Renter or the User for any damage which is the consequence of non-performance or incorrect performance of the rental contract only in the event when the damage came into being as a result of intentional fault or gross negligence of the Owner (the entry refers to contracts concluded with entities (persons) who are not consumers).
The Owner is liable towards the Renter or the User for any damage which is the consequence of non-performance or incorrect performance of the rental contract on principles specified in applicable regulations (the entry refers to contracts concluded with consumers).
§ 10. THE RENTER’S LIABILITY
1. The Renter or the User is liable towards the Owner for any damage related to the vehicle, including the damage being the result of infringement of any obligation specified under § 4 items 3-5, § 6 items 1-2 or § 8 or for a complete or partial loss of the vehicle, even if the damage occurred as a result of the circumstances which the Renter or the User are not responsible for, but have failed to prevent them, in spite of being able to, due to his/her carelessness or negligence.
2. Subject to the above provisions, the Renter’s or the User’s liability for the damage referred to in clause 1 shall be limited to the maximum insurance amount indicated in the Theft Waiver insurance contract concluded by the Owner as related to the car affected by the damage.
3. In the event of the damage mentioned in clause 1, the Renter or the User shall each time pay franchise (hereinafter referred to as ‚franchise’) to the Owner, calculated as follows:
a) for damages concerning vehicles belonging to groups B and B+ the franchise shall equal the value of the damage, however, it shall not exceed the limit of PLN 1.230;
b) for damages concerning vehicles belonging to groups C, CSW, D, DSW the franchise shall equal the value of the damage, however, it shall not exceed the limit of PLN 1.845;
c) for damages concerning vehicles belonging to group E the franchise shall equal the value of the damage, however, it shall not exceed the limit of PLN 3.690;
The ‚value of the damage’ referred to above shall be understood as a sum of money corresponding to costs of repair or replacement of damaged elements of the vehicle as applied by garages or service outlets co-operating with the Owner.
3a. Abolition of participation in CDW & TW damage
For an additional fee Renter’s buys „Abolition of participation in CDW & TW damage”, means reduced Renter”s liability till PLN 0 in case of :
a) Car theft ( provided the return of car keys, car registration documents and incurance policy ).
b) Theft of external parts of the car: radio aerial, each hubcap, wiper blade.
c) Damage of car external surfaces (painted or from synthetic materials).
Necessary condition for use of this abolition, is notification a proper territorially Police unit in case of any of these events.
Additional charge for abolition of participation in a car damage is:
45,00 PLN per day for groups B, B+
70,00 PLN per day for groups C, CSW, D, DSW
140,00 PLN per day for group E
The Renter shall be liable in full for damage arisen due to the Renter’s premeditated action or negligence and also in the case of:
– infringements of traffic rules
– infringements of „General Car Rental Terms and Conditions JOKA KAMIŃSKI SP. J.”
– participation in a contest, rally, race show or any other event of that sort,
– damages as a result ofdriving the car under the influence of alcohol, drugs or other substances or without a valid driving licence,
– fleeing the scene of the accident or collision
– failing to fulfil the duties required by the insurer resulting in the insurer’s refusal to pay compensation due to the Renter’s fault
– shortage of car keys or registration documents of insurance policy
– leaving territory of Poland without the Owner’s written permission
– burning or other damage of car upholstery , leaving permanent stains
– damage of the car interior
– tanking inappropriate kind of fuel.
Damages excluded form „Abolition of participation in CDW & TW damage”
are covered by Renter in amount of franchise.
– damage of the car chassis
– damage any of car window
– damage or theft of car mirror
– damage or theft of aluminium rim
– damage of theft of the tyre
– damages not covered by insurance CDW and TW.
4. If the damage mentioned in clause 1 has occurred due to:
a) intentional guilt or gross negligence of the Renter or the User, or;
b) breach by the Renter or the User of any obligations specified in § 4 clause 3-5, § 6 clause 1-2 and § 8, the Renter or the User shall be fully liable to the Owner for the damage, irrespective of the restriction specified in clause 2 unless the Owner receives appropriate compensation for the damage from an appropriate insurer under CDW or TW insurance, which will cover the entire damage suffered by the Owner. Receipt of compensation, under any of insurance mentioned above, by the Owner does not release the Renter or the User from the obligation to pay the franchise.
5. The Renter or the User are obliged to pay the franchise to the Owner within 7 days of receipt of the Owner’s relevant request on the basis on the debit note. The franchise referred to in § 10 is an indemnity compensation.
6. The Owner may claim from the Renter or the User a payment of PLN 61.50 for each case of providing information to the relevant agencies on the Renter’s or the User’s personal data as related to their infringement of traffic rules or other regulations.
§ 11. PERSONAL DATA
1. The Renter gives a consent to processing of the Renter’s personal data in connection with execution of a rental contract, and to them being rendered accessible by the Owner for purposes related to CDW, TW or PAI insurance (in particular for liquidation of damages under this insurance) and for purposes concerning possible security for credits concerning the vehicle as well as on request of the police and/or other state administrative agencies.
2. The third party mentioned in § 1 clause 3 or § 6 clause1 item 1 gives her/his consent to processing of his/her personal data in the range specified in clause1 by signing an appropriate declaration in a rental contract.
3. The Renter and the User affirm that they have been advised on their right of access to their personal data administered by JOKA Kamiński Sp.J. Al. Korfantego 9, 40-005 Katowice, as well as the right to correct the same.
§ 12. FINAL PROVISIONS
1. A rental contract will be governed by the Polish law.
2. Appropriate regulations of the Polish law and, in particular. the provisions of the Polish civil code shall hold applicable to any issues which are not specified by the rental contract.
3. Any amendments and supplements to the rental contract as well as its termination by mutual agreement are null and void unless made in writing.
4. Any disputes connected with performance of this rental contract shall be referred by the Parties to the competent Court in the place of residence of the Owner (this entry refers to contracts concluded with entities (persons) who are not consumers). Any disputes connected with performance of this rental contract shall be referred by the Parties to the competent Court in the place of residence of the plaintiff (this entry refers to contracts concluded with consumers).