Conditions de location PremiumRental

§ 1. General Provisions

  1. The hereby Terms and Conditions define detailed conditions of car rental agreements concluded by Marcin Laskowski (NIP: 5861359099, REGON: 192471578) and Tomasz Laskowski (NIP: 5861359159, REGON: 192471584), acting together under the business name ACTIVE-IT s. c. (address for correspondence: ul. Kartuska 361A, 80-125 Gdańsk, NIP: 9581507170, REGON: 220132607), acting under the brand PremiumRental within the scope of Car Rental, hereinafter referred to as « Owner ».
  2. These Regulations constitute an integral part of the car rental agreement.
  3. The regulations apply to all rental agreements, unless the agreement provides otherwise.
  4. In the event of a contradiction between the rental agreement and the Regulations, the provisions of the rental agreement shall prevail.

§ 2 Renterand driving licence

  1. The Renter of the car may be either a natural person or a company, however the person authorized to drive the car may only be a natural person, entered into the agreement as a driver/representative who successfully passes verification in the National Debt Register run by the Economic Information Bureau S.A. (KRD) with the PESEL number of the renter and in the case of renters running a business with the NIP number – the data will be processed on the basis of a written consent of the renter (art. 6, sec. 1, letter p. 1), (KRD) by means of the Renter’s personal identification number (PESEL), and in the case of Renter running a business activity – Tax Identification Number (NIP) – the data will be processed on the basis of a written consent of the Renter (Article 6 paragraph 1 point a) RODO) in order to verify the Renter’s payment reliability through the National Debt Register run by the Economic Information Bureau SA (KRD), and providing the data is voluntary, but is necessary for the conclusion and implementation of the rental agreement with the Owner, and the data will be processed for this purpose until the withdrawal of granted consent.
  2. A person who is at least 21 years old and has a valid identity card (in the case of a citizen of a country belonging to the European Union – a document confirming identity in accordance with the national law applicable to the place of residence of the Renter, in the case of other foreigners – a valid passport) and for at least 2 years has had a valid driving licence, category « B », recognised on the territory of the Republic of Poland, may become the Renter of the vehicle. The requirements specified in this section are valid for the entire rental period. In the event of the Renter or a person entered in the rental agreement in the entry « PERSONAL DATA » or a person authorised by the Owner in accordance with § 2 point 3 of the Regulations failing to meet the above requirements, the Owner may terminate the rental without a period of notice. In such a case the reservation fee shall not be returned. 3.
  3. The car may be driven only by a natural person meeting the requirements specified in § 2 pkt 1 and pkt 2 of the Regulations, listed in the rental agreement under the entry « PERSONAL DATA » or by another natural person consented to in writing (under pain of invalidity) by the Rental Company.
  4. The Car may not be subleased or assigned to a third party for use without the prior consent of the Rental Company expressed in writing under pain of invalidity. The Owner consent is conditional upon prior submission to the Owner of the original documents confirming that the third party meets the requirements specified in 2 item 1 and 2 of the Regulations. The granting of the consent by the Owner referred to in § 2 item 3 of the Regulations does not require an annex to the lease agreement.
  5. The third party to whom the vehicle is subleased or ceded on the basis of the prior consent of the Owner is obliged to he Owner, is obliged to abide by the provisions of the rental agreement and the Regulations. The
  6. Renter is obliged to make this person familiar with the provisions of the rental agreement and the Regulations. The Renter bears responsibility for the acts and omissions of this person as for his/her own acts and omissions.
  7. In exceptional situations, when it is not possible to obtain the written consent referred to in § 2 point 3, the Landlord may grant consent via electronic mail to the e-mail address of the Tenant specified in the rental agreement. In such a case § 2 point 4 applies accordingly. 8.
  8. The vehicle may be rented to the Renter, made available to a person authorised by the Rental Company, subleased or ceded to a third party for use with the prior consent of the Rental Company expressed in writing under pain of invalidity, on condition that such persons consent to the processing of personal data. In the event of the lack of consent of such persons for the processing of personal data, the Owner may terminate the lease without notice. In such a case the reservation fee shall not be refunded.

§ 3 Starting date of the tenancy agreement

  1. The rental period shall begin on the earlier of the date stated in the rental agreement unless the parties to the agreement agree otherwise.
  2. If, after a rental agreement is made, the Owner becomes aware that the pickup of the requested vehicle pick-up may be postponed for any reason whatsoever, the Owner shall immediately notify the Renter, and the parties shall agree on a new pick-up date.

§ 4 Pick up

  1. The Renters receives a refueled car, topped up with windscreen washer fluid to full, technically efficient, clean inside and out and in undamaged condition, whose condition on the day of delivery will be specified in detail in the day of delivery shall be specified in detail in the content of the delivery protocol.
  2. The hirer is obliged to use the car with due care and to return it in the same condition as on the day of delivery, which shall be confirmed in the delivery protocol. Any damage or dirt will be removed at the expense of the Renter.
  3. The Owner is obliged to provide the Renters with a car-free of defects affecting the usability of the vehicle. The Owner declares that the car being the subject of the agreement has valid technical inspections and is admitted to road traffic, has a compulsory third party insurance policy paid.
  4. The Owner shall not be responsible for mechanical damage to the elements of the car resulting from the Renter’s failure to comply with his/her obligations.
  5. The Owner shall not be responsible for the items left by the Renters or other persons traveling in the car, including in particular documents, cash, securities, valuables and electronic equipment, money, securities, valuables, and electronic equipment.
  6. The Owner is not responsible for any charges, including in particular parking fees and administrative fines imposed on the Renters in connection in connection with the use of the vehicle.
  7. The Owner shall not be liable to third parties for any claims, including compensation claims, resulting from damage caused by the Renters or a third party driving the car, arising in connection with the use of the vehicle.

§ 5  Renter’s Obligations

  1. The vehicle may be taken outside the France only with the prior written consent of the Owner and a deposit paid, without the possibility of canceling the deposit for an additional fee. If the vehicle is taken outside the France without the Owner’s written consent, the Owner may terminate the rental agreement immediately.
  2. During the rental period, the Renter or any other person driving the vehicle shall:
  1. carry with them all such valid documents as may be required for road traffic inspection authorities (i.e. a valid driving license accepted in the France, a registration document, a third-party liability insurance policy, a vehicle rental certificate, and a medical certificate (if required),
  2. keep the rented vehicle and its equipment protected from being stolen (which means locking the doors and activating all of the vehicle’s anti-theft devices every time the vehicle is left; taking care to keep the keys and documents protected outside the vehicle; removing (detaching) the audio panel and not leaving it in the vehicle); as well as secure in the same way the items transported in the car owned by the Renter or another person driving the car,
    1. maintain the vehicle on a daily basis at their own expense and with their efforts (which involves checking and topping up the engine oil, coolant and brake fluid, windscreen washer fluid levels, checking the tire pressure levels and tire condition, checking the operation of the indicator lights, dipped headlights and full beam headlights),
    2. fill the vehicle’s fuel tank only with the fuel type suitable for the vehicle’s engine, as specified in the registration document or the technical documentation for the vehicle;
    3. keep the rented vehicle clean,
    4. not exceed the daily kilometer limit of 250.
  3. The Renter may not use the rented vehicle, not in accordance with the rental agreement, these Rental Terms and Conditions, and/or against the properties and/or intended use of the vehicle and/or the rules of normal wear and tear. The following (without limitation) is not permitted:
    1. driving the vehicle under the influence of alcohol or drunk, under the influence of narcotics and/or psychotropic substances,
    2. smoking tobacco products in cars, including,
    3. electronic cigarettes (e-cigarettes),
    4. using the rented vehicle to tow any other vehicle,
    5. carrying loads in excess of the permissible carrying capacity of the vehicle,
    6. carrying any prohibited materials/objects that may stain or bring damage to the upholstery,
    7. making any modifications or other changes in the rented vehicle without making any alterations or other changes without the consent of the Owner expressed in writing,
    8. exceeding the speed limit,
    9. carrying animals inside the vehicle,
    10. washing cars at automatic car washes or using washing brushes,
    11. use of snow brushes and windscreen scrapers,
    12. eating and drinking carelessly.
  4. The Renter shall Remedy the Damage resulting from their failure to comply with the provisions of this section. If any modifications as referred to in § 5 section g are made to the rented vehicle, the Owner may require the Renter to pay the costs of restoring the vehicle to its original condition and/or to pay for any loss of the value of the vehicle as a result of any alterations.
  5. The rented vehicle is equipped with a GPS unit that allows the Owner to check whether the vehicle has been taken outside the France.
  6. The Owner and/or any person authorized by the Owner may inspect the manner of using the rented vehicle as well as the condition of the vehicle and the Renter’s documents connected with the above circumstances, and the Renter shall allow each such person to carry out each such inspection and shall provide such documents.
  7. If together the rented vehicle, the Owner provides the Renter with any accessories and/or additional equipment in the vehicle (a child seat, a roof box, a portable sat nav device, etc.), the Renter shall be solely responsible for installing such accessories and additional equipment correctly and may use the same only for the purposes for which they are intended.

§ 6 Rental charges

  1. The rent is calculated on a 24h-basis (payment period). Any delay in returning the rented vehicle up to one hour shall not result in a charge for another 24 hour-period.
  2. The rent for the rental service shall be charged in advance at the rate applicable when the rental agreement is made.
  3. If the Renter defaults on payment of the rent for at least two payment periods, the Owner may terminate the rental contract without notice.
  4. The owner requires the Renter to pay the highest statutory interest for each day of delay in payment.
  5. In the event of damage to the car, accident, car theft, damage to the car as a result of a break-in or other act prohibited in relation to the regulations, the Renter  fault or if the perpetrator is unknown, the rent for the next rental days is not refundable (forfeited).

§ 7 Vehicle security

  1. The rented vehicle is equipped with a device that allows the Owner to remotely deactivate the vehicle’s starter. When the starter is deactivated, the engine cannot be started.
  2. In the event of the Renter’s failure to meet the deadline for payment of the rent or any other charges under the rental contract and fails to make the payment when requested by the Owner by email or telephone (including a text message), the Owner may, if the Renter is not a consumer, deactivate the rented vehicle’s starter.
  3. After the Renter makes payment of all overdue amounts and notifies the Owner of the payment, the Owner shall activate the starter within 24 hours of posting the payment. If the Renter is not a consumer, the Owner is entitled to charge the rent for the period during which the rented vehicle’s starter was deactivated.
  4. In cases of absolute necessity, the Renter may contact the Premium Rental Information Telephone Service  (+48) 728 200 001 to ask for the starter to be re-activated.

§ 8 Deposit

  1. At the time of picking up the rented vehicle, the Renter must pay a deposit as security for the payment of the amounts to be paid to the Owner under the rental agreement. The deposit may be paid in the amount of 5000 – 8000 € (depending on a car model) in non-cash or by preauthorization of the payment transaction if the payment is made by credit card.
  2. The deposit paid by the Renter shall be returned within 14 days from the date of the Renter’s return of the vehicle on the basis of the vehicle pick-up form, after deducting any receivables for satisfying claims arising from the concluded rental agreement.
  3. The deposit is used to secure claims arising from damage, destruction, burning, flooding, or any other form of rendering the vehicle unfit for use.
  4. The Renter may be required to pay for additional services for the duration of the rental as declared in the rental agreement.
  5. After a rental contract is made, the customer shall make a prepayment equal to the rent amount and additional charges for additional services for the rental period specified in the rental contract.
  6. A VAT invoice for the rental amount and all other charges under the rental contract for the entire rental period shall be issued after the rented vehicle is returned (dropped off).
  7. If the Renter agrees to receive VAT electronic invoices or the rental amount and all other charges under the rental contract, the VAT invoice shall be sent to the Renter’s email address given at the time of booking the rental service or at the time of entering into the rental contract. Payment can only be made in a non-cash form.
  8. The Owner informs about the available methods of the non-cash payment via a website, in branches, and by telephone, and if the Renter has not indicated otherwise any further claims for rentals or in connection with the rental service shall be paid by the Renter in non-cash form, i.e. by transferring such amounts into the Owner’s bank account held with BNP Paribas S.A., account number., PL04 1750 0012 0000 0000 2250 8202, SWIFT: PPABPLPKXXX.
  9. If the Renter requests any service to be provided in a location other than the Owner’s office where the rental contract was signed, charges shall apply as specified in the price list available on the www.PremiumRental.fr website.

§ 9 Drop-off, Replacement, Rental agreement extension

  1. After the rental period, the Renter shall return the rented vehicle to the same location from which the vehicle was picked up. The vehicle may be dropped off at a location other than the pick-up place after the time and place of the drop-off and the charge for such a drop-off is agreed upon with the Owner.
  2. The vehicle may be dropped off at the Owner’s location outside its business hours only with the Owner’s written consent.
  3. The rental period may be extended only with the Owner’s consent.
  4. The Renter must inform the Owner of their (the Renter’s) intention to extend the rental period not later than 1 hour before the end of the rental period.
  5. If the rental period is to be extended by 24 hours, this must be agreed upon by email: kontak@premiumrental.pl or phone: (+48) 728 200 001, or at any of the Owner’s locations.
  6. If the rental period is to be extended by over 24 hours, this must be agreed upon and confirmed at the Owner’s location.
  7. The Renter must pay for the extension at least 1 hour before the end of the rental period on the account: BNP Paribas S.A., account number: PL04 1750 0012 0000 0000 2250 8202, SWIFT: PPABPLPKXXX and confirmed with a bank statement to the e-mail address kontak@premiumrental.pl.
  8. If the rented vehicle is not returned within 24 hours of the end of the rental period, the rented vehicle shall be deemed appropriate by the Renter (which is a criminal offense under Article 284 of the Polish Criminal Code) and the matter will be reported to the police. In addition, in such a case, the Owner may deactivate the rented vehicle’s starter.
  9. If the rental contract is terminated without notice, the Renter shall immediately notify the Owner of the location of the rented vehicle and return the vehicle to the drop-off location previously agreed upon by the Renter and the Owner immediately, but not later than within 12 hours.
  10. If the rented vehicle is not returned to the location agreed in the rental contract and accordance with these Rental Terms and Conditions and in the event of the Renter’s delay in returning the vehicle, the Renter shall Remedy the Damage resulting from the same.
  11. If the rented vehicle is not returned as agreed, the Owner may arrange for collecting the vehicle, its keys, insurance policy, and vehicle documents from the Renter and may require the Renter to pay the fill costs incurred to collect the vehicle.
  12. The Renter shall return the vehicle with the same amount of fuel in the fuel tank as at the pick-up time.

§ 10 Remedy the Damage

  1. The Owner may require the Renter to Remedy the Damage, which includes the following costs:
  1. missing equipment and/or parts of the rented vehicle as described in the Vehicle Pick-up Form, plus compensation for interior and/or exterior wear and tear in excess of normal wear and tear;
  2. damage caused by inappropriate use and/or operation of the vehicle and/or the Renter’s negligence (e.g. damaged windows and mirrors, damage to headlights, damage to body parts, damage to chassis components, damage to tires);
  3. the costs of restoring the rented vehicle to its condition subject to normal wear and tear, including the costs of washing the vehicle and cleaning the seats;
  4. compensation for loss of the value of the vehicle as a result of an accident involving the vehicle, if the accident was fully or partially the Renter’s fault, or the fault of any other person driving the vehicle or any passenger, or for loss of the value of the vehicle, as a result, making any alterations and/or modifications to the vehicle without the Owner’s consent.
  • The Renter shall Remedy the Damage resulting from loss of any part or equipment of the vehicle and/or of inappropriate use of the vehicle and/or failure to keep the vehicle protected and/or loss of any of the vehicle documents.
  • If any of the following: the registration certificate, any of the number plates, the insurance policy, the keys, or any other part or item as specified in the Price List is lost by the Renter, the Renter shall Remedy the Damage resulting from such loss.

§ 11 Complaints

  1. The Renter may make his complaints by phone or electronic mail to the Owner’s e-mail address: kontakt@PremiumRental.pl.
  2. The Owner shall investigate all complaints in accordance with the provisions of the Polish Civil Code Act of 23 April 1964 (Dz.U. [Journal of Laws] of 1964, No.16, item 93), particularly Article 659 et seq. and the provisions of the Consumer Rights Act of 30 May 2014 (Dz.U. (Journal of Laws) of 2014, item 827). Each complaint shall be investigated within 14 days of the date of its receipt, but where additional information is required from the Renter, then within 14 days of the date of the provision of such information by the Renter.

§12 Maintenance, Servicing, and Repairs

  1. The Renter acknowledges that the rented vehicle may have to be made available to the Owner for periodic servicing at such odometer readings as stated in the Vehicle Servicing Log Book and/or in the Vehicle Pick-up Form (+/- 500 km) or as indicated by the vehicle’s OBD system, at such time and place as agreed upon with the Owner (in case of doubt, contact the Premium Rental Information Telephone Service (+48) 728 200 001.
  2. If the rented vehicle is made available for servicing with the odometer reading higher than specified or is not made available for servicing, the Renter shall Remedy the Damage resulting from the same, including (but not limited) to the costs of servicing and the Owner’s loss of the manufacturer’s warranty on the rented vehicle.
  3. The Renter may not have the rented vehicle repaired, modified, altered, serviced, or otherwise dealt with for any repairs and/o services without the Owner’s written consent.
  4. If the rented vehicle is/gets broken down and/or is involved in a road accident and/or damaged during the rental period, the Renter shall notify the Owner of the same by calling (+48) 728 200 001 and shall follow the Owner’s instructions.
  5. If the rented vehicle is involved in a road accident, the Renter shall call the police immediately.
  6. Without the Owner’s consent, the vehicle may not be driven until the breakdown is eliminated.
  7. The Renter may repair the rented vehicle himself/herself only with the prior consent of the Owner (given in writing to be valid or by email) regarding the place and scope of the repair. In such a case, the Renter shall provide the receipts/bills/invoices for the repairs done, return all the parts that have been replaced (if any) and submit a statement describing the circumstances of the
  8. breakdown.
  9. The Owner shall investigate the matter and, if it finds the repair to have been necessary and that the Renter is not liable for the breakdown, shall reimburse the Renter for the costs documented by such receipts/bills/invoices.
  10. The Owner may charge the Renter with repair costs if the excessive use of the vehicle due to the Renter  fault may contribute to the display of vehicle computer messages much earlier than the service guidelines assumed by the manufacturer. In particular, replacing: tires, brake pads and discs, engine oil, etc.
  11.  

§13 Vehicle Damage, Accident and Theft Procedure

  1. If the rented vehicle is damaged, involved in an accident, stolen, damaged as a result of a break-in or any other offense if the vehicle keys are lost, the Renter shall notify the same the Owner immediately by calling (+48) 728 200 001 and follow the instructions received, including (but not limited to) the obligation to report the matter to the Insurer named in the insurance policy and to call the police immediately.
  2. Notifying the Owner of the fact that the rented vehicle has been stolen or that the vehicle keys have been lost will enable the Owner to locate the vehicle and deactivate its starter remotely.
  3. If the Owner is not notified of any of the circumstances described in the preceding section, the Renter shall Remedy the Damage resulting from failure to give such notification.

§ 14 Owner’s Obligations

  1. Unless the rental contract provides otherwise, the Owner shall not be liable for any damage suffered by the Renter as a result of the rented vehicle breaking down, being damaged, and/or being involved in an accident, unless the damage is a result of the Owner’s inappropriate performance of its obligations.
  2. If the rented vehicle is immobilized for longer than 24 hours, the Owner shall provide a replacement vehicle to the Renter, provided that the Owner has a vehicle that may be provided to the Renter.
  3. The time period as specified by the Owner for providing a replacement vehicle shall begin upon the later of when the Owner is notified by the Renter (or the driver of the rented vehicle) of the occurrence of circumstances that immobilized the vehicle or when the Owner finds that the rented vehicle will be immobilized for more than 24 hours.
  4. The time periods specified in the preceding sentence shall not include weekends, i.e. the period from 8 p.m. on Friday to 7 a.m. on Monday and bank holidays (from 8 p.m. on the day preceding the bank holiday to 7 a.m. on the day following the bank holiday), subject to the aforementioned normal weekend period.
  5. No rent shall be charged from the Renter for the period of waiting for a replacement vehicle.
  6. If the replacement vehicle is of a class or segment lower than the rented vehicle, the rent amount shall be reduced accordingly, subject to the Renter’s rights under the generally applicable provisions of law, provided that the Renter is a consumer.
  7. No replacement vehicle shall be provided if the rented vehicle is immobilized outside the France. In addition, if the Renter is a consumer, no replacement vehicle shall be provided to the Renter if at least one of the following occurs: the registration certificate is lost; the insurance policy is lost; the car keys are lost, or the number plate is lost.

§ 15 Insurance of vehicle

  1. The car being the subject of the hire contract has a valid, paid-up third party insurance policy, including a third party liability policy in foreign traffic. The car also has an AC policy.
  2. The scope of insurance does not, however, include in particular:
  1. deliberate damage to the vehicle,
  2. damage while driving under the influence of alcohol or drugs, or

psychotropic drugs or without a driving license valid and recognized in the European Union,

  • damage to the vehicle in the event of exceeding the speed limit by at least 30 km / h. or in the event of committing another gross violation of road traffic regulations (the insurer then reserves the insured’s own share – a franchise or the insurer’s liability for the damage is completely excluded),
  • in the event that the driver fled the scene of the accident,
  • damage caused when the driver was an unauthorized person in accordance with the rental agreement or the Driving Regulations,
  • theft of the car, if the Renter is unable to provide the keys or the registration certificate of the stolen vehicle,
  • theft of a car in which all anti-theft devices installed in it have not been activated,
  • theft of the vehicle, its equipment and damage to the vehicle or its equipment as a result of an attempted theft, if the incident took place outside the European Union,
  • burglary, as a result of which the radio and the panel were stolen,
  • other special cases arising from the general terms and conditions of insurance contracts or policies. The Renter is obliged to read the provisions of the policy, the general terms and conditions of car insurance contracts and changes to the general terms and conditions of car insurance contracts and comply with the provisions contained in the terms and conditions, and if the vehicle is made available – also instruct the person driving the vehicle about the obligations arising from the above-mentioned documents – under pain of the obligation to repair the damage The coverage of the damage does not take place both in the scope of damages not covered by the insurer’s liability and in the scope of damages not reported to the insurer by the Renter in a manner allowing the payment of compensation.
  • The cars have anti-theft security required by the insurance company. For the purposes of property protection and protection against theft, the Owner installs GPS locating devices in the rented cars. The cars have anti-theft security measures required by the insurance company. In order to protect the property and against theft, the Owner installs GPS locating devices in the rented cars.
  • If the Renter causes damage or if the perpetrator is unknown, the Renter will be charged with the obligation to repair it and the Owner’s compensation for the costs of carrying out activities related to the repair of the car and the loss of the damaged car’s market value. The deductible in the damage will be estimated after the inspection of the expert from the insurance company assigned to the car in the contract, and the circumstances in which the car was damaged will be taken into account, based on the readings from the GPS module, police note or statements of the perpetrator and witnesses of the incident.
  • If the Renter has caused damage or the perpetrator is unknown, the Renter will be charged with the costs of towing the vehicle from the scene of the incident.

§ 16 Rental Agreement

  1. The conclusion of the rental agreement with the Owner by filling in and accepting the online form shall take place, subject to points 16. 2 and 6 of the Regulations, on the basis of the online form available on the Owner website (www.PremiumRental.pl) and the Owner statement of acceptance of the offer submitted in the manner indicated.
  2. After submitting an offer on the basis of a completed online form available on the Owner website (www.PremiumRental.pl), the Owner is obliged to send a statement of acceptance or non-acceptance of the offer to the Renter within 2 hours of receiving the offer to the email address indicated by the Renter.
  3. The condition of acceptance of the offer by the Owner is:
    1. acceptance by the Renter of the valid car rental conditions by filling in a web form available on the Owner website (www.PremiumRental.pl) with all data required by the Owner,
    2. acceptance of the content of the Regulations and the display of a message confirming the completion of the reservation,
    3. meeting the conditions specified in § 2 and § 16 item 12 of the Regulations,
    4. placing an order at least 24 hours before the planned date of release of the car specified in the online form,
    5. payment by the Renter to the Owner of the total rental costs or reservation fee.
  4. After receiving a statement of the Owner on accepting the offer the Renter is obliged to pay the total rental costs i.e. rental rent and deposit and agreed additional charges towards rental costs in the amount indicated in the offer (reservation fee). If the moment of booking the car and the time of car collection indicated by the Hirer is less than 24 hours, it is necessary to pay the total rental costs.
  5. The Renter chooses the method of payment from among those available on the car reservation website.
  6. If payment towards the rental costs is made in a manner other than through the PayU company’s transaction platform, filling in by the hirer of the online form shall be deemed as the submission of an initial offer, and the payment of the rental fees to the bank account of the Owner as indicated on its website shall be deemed as the final submission of an offer. In such a case the Owner shall immediately after receiving confirmation of receipt of the indicated funds be obliged to send the Renter a statement of acceptance or non-acceptance of the offer within the meaning of 16 points 2 and 3 of the Regulations to the email address provided by the Renter.
  7. In the event of the Owner being unable to deliver a car in the class chosen by the Renter on the date indicated on the online form, the Owner will provide the Renter with a car of the same or higher class, using the same rental rate in force for the rental of the car for which the order was placed.
  8. The Renter shall have the right to withdraw from the rental agreement in the event of his/her refusal to change the car to a car of the same or higher class.
  9. The Renter will also have the right to withdraw from the rental agreement by the date of delivery of the car to him/her by the Owner, in the event of the Owner being unable to provide him/her with a car of the same or higher class, as referred to in point 16(7) of the Regulations.
  10. In the event of withdrawal from the rental agreement by the Renter for reasons specified in point 16(8) of the Regulations, the Owner will return to the Renter an amount equal to the amount of the reservation fee and the amount of rental rent paid by the Renter as a result of booking a car.
  11. The Renter may only collect the vehicle in personally.
  12. At the moment of collecting the car the Renter is obliged to have:
    1. a valid identity card, and in the case where the Renter is a foreigner – a valid passport,
    2. a valid driving licence of the « B » category, recognised on the territory of the Republic of Poland,
    3. a payment card in order to make appropriate payments for the rent,
    4. in the case of indicating in the online form other persons authorized to drive the car – originals of relevant documents indicated in points « a » and « b » of this paragraph of the Regulations.
  13. In the event of failure by the Renter to collect the vehicle within a period agreed by the parties up to 12 hours from the designated collection date, the rental agreement is deemed to have been terminated. The Owner will then be obliged to return to the Renter only the amounts paid towards rental costs in excess of the reservation fee.
  14. The Renter may resign from collecting a reserved vehicle, informing the Owner of the withdrawal from the rental agreement. If from the moment of notifying the Renter of the withdrawal from the rental of the vehicle to the moment of the established deadline for collection of the vehicle less than 24 hours remain, withdrawal from the rental agreement takes place upon payment by the Renter of an amount equal to the reservation fee, as a deposit.
  15. In the case specified in 16 point 13 and point 14 of the Regulations, the Owner will be obliged to return to the Renter amounts paid towards rental costs in excess of the reservation fee, within 7 working days from the date of submission to the Owner a statement of withdrawal from the rental agreement.
  16. In the event of stating non-fulfilment by the Renter or a third party indicated by him/her in the online form in the position « PERSONAL DATA » of the requirements provided for in § 2 and § 16 point 12 of the Regulations, the Owner shall be entitled to terminate the rental without maintaining a period of notice. In such a case the reservation fee shall not be refunded. However, the Owner shall only be obliged to reimburse the Renter for rental costs paid in excess of the reservation fee.

§ 17 Additional charges/fees

  1. The Renters shall pay a one-time reservation fee in the amount of 10% of the total rental cost (but not less than 100 €) for making a reservation the car through the Internet form available on the website PremiumRental.fr, within two hours from making a reservation of a car
  2. A reservation fee paid by the deadline specified in the preceding paragraph shall be credited against the lease rent.
  3. In the event of cancellation of a car reservation by the hirer, for reasons, the reservation fee is not refundable.
  4. The intermediary reserves the right to cancel a reservation if the hirer has overdue obligations towards the intermediary. In such a case the reservation fee shall be credited towards the payment of the obligations of the hirer in the order starting with the oldest.
  5. The Renter and third parties to whom the Renter has provided a vehicle for use on the terms specified in § 2 of the Regulations, shall pay an additional fee on account of:
    1. lack of registration certificate, registration plate, or sticker on the windshield: fee for the invoice confirming the costs related to their replacement + 50€,
    2. lack of the key to the lock: fee in accordance with the price list of the authorized service, for replacement of locks in the car + 200€,
    3. lack of RCP remote control for exhaust system + 200€,
    4. for each day of stoppage caused by repairing damage to the vehicle or supplementing missing elements of the vehicle equipment for each day of stoppage, caused by repairing damage to the vehicle or supplementing missing elements of the vehicle’s equipment: daily rental rate according to the rent price list for a given car (from 240€  to 500€),
    5. Pick-up/drop off:
      1. delivery of the car at the car rental office from 9:00 a.m. to 5:00 p.m. from Monday to Friday: 0€ Free!,
      2. delivery of the car at the rental office from 9:00 a.m. to 5:00 p.m. on Saturdays and Sundays: 25€,
      3. delivery of the car at the rental office from 5:00 pm to 9:00 am from Monday to Sunday: 30€,
      4. delivery of a car on public holidays  15€ to the rates as on Saturday and Sunday according to the delivery time,
      5. car delivery within city area from Monday to Friday from 9:00 to 17:00: 25€
      6. car delivery within city area from Saturday to Sunday from 9:00 – 17:00: 50€,
      7. car delivery within city area from Monday to Sundays from 17:00 to 9:00: 60€,
      8. car delivery within city area on public holidays 15€ to the same rate as on Saturday and Sunday according to the delivery time,
      9. car delivery to any place in France 1€ per kilometre.
    6. The return of the car is calculated in the same way as the delivery of the car (list of fees above).
    7. exceeding the daily kilometre limit, depending on a vehicle model: 0,50 €, 0,70 €, or 0,90 €, for each kilometre in excess of the limit,
    8. delay in returning the vehicle:
      1. over 1 hour, less than 3 hours: 25% of the daily rental rate,
      2. over 3 hours, less than 6 hours: 50% of the daily rental rate,
      3. over 6 hours: 100% of the daily rental rate.
    9. agreement extension without the Owner’s consent – 5 times the daily rate for the vehicle for each day of such delay,
    10. any mechanical/body and paint damage: ASO price list,
    11. dismantling of the car equipment or making any other alterations or changes without the Owner’s consent: in an amount depending on the value of the dismantled equipment or the cost of bringing the car to its previous state before performing alterations or changes,
    12. lack of parts of the car equipment: fee according to manufacturer’s price list + installation cost,
    13. car wash: depending on the degree of dirtiness from: 50€,
    14. cleaning the car: depending on the degree of dirt from 50€ to 100€,
    15. upholstery washing, depending on the degree of dirt and material: from 100€ to 200€,
    16. filling up the car with fuel to the level resulting from the delivery protocol Renters: 2€ per liter of fuel,
    17. provide law enforcement agencies or other authorized entities with the tenant’s personal data in connection with an offense or crime: PLN 25€,
    18. loss of manufacturer’s warranty for the car due to the fault of the Renter, a third party to whom the Renter made the car available for use on the terms specified in § 2 of the Regulations, according to the ASO price list.
  6. The additional charges specified in point 4 of this paragraph are expressed in amounts gross.
  7. The Owner shall be entitled to charge the Renter, third parties to whom the Renter made the car available for use on the terms specified in § 2 of the Regulations, the following contractual penalties:
    1. for crossing the borders of the France without the Owner’s consent, in the amount of 2000€ for each case and breaking the contract with immediate effect,
    2. due to the smoking of tobacco products, e-cigarettes by the hirer, third parties third persons to whom the Renter has made the car available for use on the terms specified in § 2 of the Regulations, as well as by persons transported by the Renter as passengers, in the amount of 1000€ per each case,
    3. for transporting animals in a car in the amount of 1000€ for each case,
    4. for using the car in a manner inconsistent with its intended use, including in particular participation in tests, races, rallies, etc., in the amount of 10000€ for each case,
    5. on account of losing the car keys or documents, in the amount of 500€ per each item. Furthermore, the Renters will be obliged to cover the costs of transport to the place where the car is located,
    6. for loss of or damage to any of the other items indicated in the delivery protocol and the acceptance protocol in the amount of 200€ for each item,
    7. for towing by car of other vehicles, in the amount of PLN 1000€ per case,
    8. due to above-average tread wear – the amount of the contractual penalty, the amount of the contractual penalty depends on individual evaluation of the Owner on the basis of visual inspection of the worn tread,
    9. for unauthorised movement of the hirer, a third party to whom the hirer has the Renter made the car available for use on the terms specified in § 2 Regulations, of the car outside the borders of the France, in the amount of in the amount of 2000€ for each case,
    10. for providing a car to a person who is not entitled to it: 1000€ for each case,
    11. for removing the starter/ignition interlock, after its application, in the amount of in the amount of 500€ for each case,
    12. for the carriage of corrosive, dirty, sharp-edged or other materials which could damage, destroy or soil the vehicle, or dirt, sharp edges or other materials which may cause destruction, damage or soiling of the car, as well as transporting materials and means the possession of which is forbidden. possession of which is forbidden, in the amount of PLN 500€ for each case,
    13. on account of attempts to make or perform alterations to the rented vehicle or other changes without the consent of the Owner, in the amount of 500€ for each case,
    14. for disassembly of car equipment, in the amount of 1000€ for each case,
    15. for exceeding the permissible vehicle load capacity in the amount of 500€ for each case,
    16. or driving under the influence of alcohol, drugs or other intoxicating or disabling drugs including medicines taken after the use of which driving is prohibited. in the amount of 1000€ per case.
  8. The contractual penalties specified in § 17 point 3 do not exclude the possibility of the Owner to seek damages on general terms in excess of the amount of the contractual penalties mentioned in § 17 point 3 do not exclude the possibility of the Owner to seek compensation on general terms in excess of the amount of reserved contractual penalties.
  9. The Owner is entitled to terminate the tenancy agreement for failure to comply with the regulations.

§ 18  Final provisions

  1. The parties are not authorized to transfer their rights or obligations under the lease to third parties without the consent of the other party of the lease agreement without the consent of the other side.
  2. The principles of personal data processing and the procedure for fulfilling the information obligation under Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individual persons in relation to the processing of personal data and on the free movement of such data and repealing the Directives.

Personal Data Processing Rules

  1. The (data) controller in respect of the Renter’s personal data and of the personal data of any other person authorized to drive the rented vehicle is Marcin Laskowski NIP (Tax. Reg. No.): 5861359099, REGON (Industry ID code):192471578 and Tomasz Laskowski NIP (Tax Reg. No.): 5861359159, REGON (Industry ID code): 192471584, trading as ACTIVE-IT s.c., under the brand name Premium Rental, NIP (Tax Reg. No.): 9581507170, REGON (Industry ID code): 220132607 (« Owner »), with its registered office in Gdansk (registered address: ul. Kartuska 361A, 80-125 Gdańsk, as part of the Premium Rental Vehicle Rental Agency, in any manner whatsoever.
  2. GDPR stands for General Data Protection Regulation, i.e. Regulation (EU) 2016/679 of the European Parliament and of the Council 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 and repealing Directive 95/46 /EC. GDPR contains the rules for the processing of personal data, including the Renter’s personal data, and the Owner is required to comply with the provisions of GDPR.
  3. Personal data of the Renter’s personal data and of any other person authorized to drive the rented vehicle a) the first name and surname, e-mail address, business name, address of residence, phone number, PESEL[national ID number], NIP (Tax Reg. No.), ID card number, passport number, driving license number, the country that issued the driving license, will be processed for the purpose of performing the contract that the Renter is bound by and in order to take steps prior to entering into any such contract (Article 6(1)(b) of GDPR); the provision of such data is voluntary but necessary for a rental contract to be entered into between the Renter and the Owner; the data will be processed for such a period as may be necessary for the Owner to perform its obligations under any contract with the User and, after this period, until the limitation period for claims under such contracts expires:
    1. name and surname, company name, residential address, telephone number, PESEL number, NIP number, identity card number, passport number, driving license number, country issuance of the driving license – will be processed on the basis of the necessity to perform the agreement, to which the Renter is a party and to take action prior to entering into the agreement (art. 6 paragraph 1 lit. b. RODO) in order to provide electronic services and car rental services, and the provision of data and provision of data is voluntary, but is necessary for the conclusion and performance of the above agreements with the Owner, and the data will be processed for the period necessary for the implementation of the obligations of the Owner resulting from the agreements concluded with the Renter, and after this period until the statute of limitations for claims arising from these agreements,
    2. name and surname, phone number, email address, home address, PESEL number, history of visits to www.PremiumRental.fr, history of transactions – will be processed on the basis of the consent of the Renter or the person authorized to drive the vehicle (art. 6 sec.1 lit. a) RODO) for marketing purposes consisting in sending to the e-mail address and telephone number of the Renter or person authorized to drive the vehicle of advertisements and information on offers and promotions of the Renter’s goods and services, on direct telephone contact with the aim of presenting offers, advertisements, and promotions, as well as profiling of data in order to present individualized offers, advertising, and promotions and providing the data is voluntary and is not necessary for concluding and performing tenancy agreement with the Landlord, and the data will be processed for this purpose until the withdrawal of the granted consent,
    3. the tenant’s PESEL number, and in the case of tenants conducting business activity NIP number – shall be processed on the basis of the Renter’s consent (Art. 6 par. 1 letter a) RODO) for to verify the payment credibility of the Renters through the National Debt Register of Debts run by Biuro Informacji Gospodarczej S.A. (Economic Information Bureau, a.s.), and providing the data is voluntary, but is necessary for the conclusion and performance of the lease agreement with the Renter, and the data will be processed the Landlord, and the data shall be processed for this purpose until the consent granted is withdrawn consent.
  4. The Owner may process the personal data of the Renter and third persons authorized to drive the vehicle, in accordance with § 2 of the Regulations in order to realize its legitimate interests (art. 6 par. 1 letter f) RODO) consisting in:
    1. claiming payment of the amounts due under the concluded lease agreement (in particular this concerns, in particular, the first name, surname, address of residence, bank account number tenant, data in the scope of settlements, and payments of amounts due on account of the concluded lease agreement) tenancy agreement), and in such a case processing will be carried out until the statute of limitations claims under the agreement become time-barred or are settled earlier,
    2. securing the property entrusted by the Owner, in particular in order to locate the rented vehicle in the event of its loss, misappropriation, or theft, and verification of proper execution of the agreement by the Renter – including verification compliance with the ban on leaving the territory of the countries indicated in the agreement and regulations – (in particular, identification data, location data of the rented car, route car, the route of the trip), and in such a case processing will be carried out for a period of 6 years from the return of the rented car by the Renter; and the provision of such data is necessary for the conclusion and data is necessary for the conclusion and performance of the agreement.
  5. The Renter and a third person authorized to drive the vehicle in accordance with Pursuant to § 2 of the Regulations, the Renter has the right to access the content of the data and to rectification, erasure, or restriction of processing, as well as the right to object, request to cease data processing and the right to data portability.
  6. The Rentee and a third person entitled to drive a car, in accordance with § 2 of these Regulations, have the right to lodge a complaint to the supervisory authority, i.e. the President of the Office for Personal Data Protection.
  7. If the basis for the processing of the data of the Renter and a third party authorized to driving the car, pursuant to § 2 of the Regulations, is based on the consent, The Hirer and a third person authorized to drive the car, pursuant to § 2 of The Hirer and the third person authorized to drive the car, pursuant to § 2 of the Regulations, may withdraw their consent at any time, which shall not. However, this shall not affect the legality of the processing, which was performed on the basis of consent before its withdrawal. Consent may be withdrawn by contacting the Data Protection Officer (e-mail address: […]).
  8. Data of the Rentee and of third persons authorized to drive the car, according to the wording of § 2 of the Regulations, may be made available to subcontractors of the Renter, according to § 2 of the Regulations may be made available to subcontractors of the Renter in the scope of marketing activities, Biuro Informacji Gospodarczej S.A, insurers of the vehicles and entities participating in the provision of the service the car rental service, in particular those providing the Owner with the assistance of the following services, mechanical and auto body repairs.
  9. Data of the Rentee and of third persons authorized to drive the car, according to the wording of § 2 of the Regulations, may be made available to subcontractors of the Renter. Pursuant to § 2 of the Regulations, it may be made available to entities and authorities appointed to impose and enforce fees for the use of public roads in accordance with the contents of the Act on Public Roads of 21 March 1985 (Journal of Laws No. 14, item 60) and fines imposed on the basis of the Act of 20 May 1971 – The Misdemeanors Code (Dz. November 2003 on the amounts of fines imposed in the form of criminal penalties for selected types of offenses (Journal of Laws No. 208, item 2023).
  10. If, for any reason, the Owner is charged with fees or charges of a similar nature mentioned in point 9 and pays the fees, the Renters and third parties authorized to drive the vehicle, in accordance with the wording of § 2 of the Regulations, undertake to return the indicated fees to the Owner.