Rules and regulations

Rules and Regulations of Car Rental Duńczyk Tomasz Polesiński Carriage of Persons and Goods

I. General provisions
§ 1
1. These Rules and Regulations (hereinafter referred to as the Regulations) specify the detailed terms and conditions of car rental agreements concluded by: Duńczyk Tomasz Polesiński, Carriage of Persons and Goods, ul. Chodźki 39/24, 20-093 Lublin NIP. 946-102-25-24 as part of the services provided by the Car Rental in each manner. The Regulations apply to all rental agreements, unless the contract provides otherwise.
2. These Regulations form an integral part of the rental agreement. In the event of discrepancies between the Regulations and the contract, the provisions of the contract shall apply.
3. The parties to the car rental agreement are:
1) The Car Rental –Duńczyk Tomasz Polesiński Carriage of Persons and Goods, Duńczyk Tomasz Polesiński ul. Chodźki 39/24, 20-093 Lublin NIP. 946-102-25-24
2) The Renter– a natural or a legal person
II. The Renter and the eligibility to drive the car
§ 2
1. The Renter of the car and the person authorised to drive the rented car may be a person who is over 18 years old, has a valid ID card and has the right to drive the rented vehicle. In the case of a foreigner: must have a valid passport.
2. A Renter may also be a legal entity if represented by a natural person meeting the above criteria.
3. The requirements indicated in paragraph 1 and 2 are valid for the entire duration of the rental period. If the Renter and/ or the person specified in the rental agreement fail to meet the requirements specified in this clause, the Car Rental shall be entitled to terminate the rental agreement immediately.
4. The car may be driven by a person who meets the requirements specified in paragraphs 1 and 2 mentioned in the rental agreement as a driver or by a person authorised in writing by the Car Rental. The rented car cannot be sublet or given to another person without the prior written consent of the Car Rental. The car cannot also be handed over by the Renter to the use of a person not mentioned in the rental agreement as the driver of the vehicle.
5. The Car Rental grants the authorisation to drive a vehicle to another person only after the original documents have been handed over to the Car Rental confirming that the person meets the criteria provided for in the Regulations. Granting the authorisation referred to in the preceding sentence does not require an annex to the rental agreement.
6. The Renter undertakes to comply with the provisions of the Regulations and the rental agreement.
§ 3
1. The Car Rental is not liable for goods carried, lost, left in the rented vehicle, any fees (in particular parking fees and parking tickets) imposed on the Renter in connection with the use of the rented vehicle. The Car Rental is not liable to third parties for any claims for damages resulting from the damage caused by the Renter or the person driving the rented vehicle during the rental period.
2. If the rented car is made available to a person who does not meet the requirements provided for in § 2 of the Regulations or is not indicated in the contract or not authorised by the Car Rental, the Car Rental shall retain the deposit paid by the Renter.
§ 4
1. The rental agreement is concluded by signing the car rental agreement by the Car Rental and the Renter.
2. The rental period starts from the date and time specified in the rental agreement, unless the parties decide otherwise. The condition for renting a car is to pay a deposit at the rate applicable on the day the contract is concluded.
3. The Renter rents a clean, efficient vehicle and is obliged to return it in the same condition.
4. The car is handed over with a certain amount of fuel in the tank, the Renter is obliged to return the vehicle with the same amount of fuel in the tank. The cost of fuel consumed during the rental period is covered by the Renter.
5. In the event of the consent of the Car Rental to travel abroad, the Renter is obliged to purchase additional assistance insurance in foreign traffic at his own cost + PLN 50 for starting the GPS module installed in the car.
III. Obligations of the Renter
§ 5
1. The Renter is obliged to:
1) have at hand valid documents required by traffic control (valid and accepted on the territory of the Republic of Poland driving license, registration document, liability policy, certificate of renting a car).
2) use the type of fuel in cars in accordance with the engine specification, given in the registration certificate and in the technical documentation of the vehicle,
3) use the vehicle in accordance with its intended purpose, with due diligence while operating the vehicle,
4) secure the vehicle against theft,
5) close the vehicle and activate the alarms and locks each time the Renter leaves it;
6) perform at his/her own expense the standard service of the vehicle, i.e. check and possibly supplement the windscreen washer fluid, the coolant, engine oil and other operating fluids, check the efficiency of the lights and possibly replace the bulbs
7) each time after finishing the journey – secure the registration certificate and a set of keys outside the car,
8) comply with applicable traffic regulations.
2. The Renter in particular is forbidden to:
1) drive a car under the influence of alcohol, drugs or other intoxicants or substances causing disturbances of consciousness
2) exceed the driving speed limits
3) smoke in the car
4) make any alterations in the rented car or other changes that are contrary to the properties and purpose of the vehicle without the consent of the Car Rental
5) transport a bigger number of people or loads heavier than the weight specified in the registration document of the car, regardless of whether such carriage is planned or exceptional
6) start, push or tow other vehicles
7) transport caustic, dirty, sharp-edged materials, or materials that may cause corrosion, destruction, damage, or soiling of any car components, or other materials the possession of which is prohibited by law.
3. In the event of violation of the provisions of paragraph 2 the Renter loses the deposit for the given car.
4. In the case of introducing any alterations or changes in the rented car, referred to in paragraph 2 point 4. the Car Rental reserves the right to charge the Renter with the costs of restoring the previous state and to demand payment for the loss of value of the vehicle caused by alterations or changes referred to in paragraph. 2 point 4.
§ 6
1. The Car Rental or other persons authorised by it have the right to control the Renter in the scope of the use and condition of the vehicle as well as the Renter’s documents related to the above circumstances.
2. The Renter is obliged to allow inspection and access to documents to the Car Rental or an authorised person.
§ 7
1 The Renter, after completing the rental period, is obliged to return the car at the place and time specified in the contract.
2. The Renter may return the car in a different place for an additional fee after prior agreement with the Car Rental.
3. The cost of returning the vehicle in a place other than specified in the contract, without the written consent of the Car Rental, shall be borne by the Renter. In the event of leaving the car defective or damaged, the Renter bears the cost of towing it.
4. Arbitrary prolongation of the rental period by more than 30 minutes results in charging as for the whole day.
5. The event of the Renter’s arbitrary prolongation of the rental period without notifying the Car Rental of the intention to extend the rental of the car and not returning the car within 5 hours from the end of the rental period specified in the rental agreement will constitute the basis for the Car Rental to:
1) charge the Renter with the contractual penalty provided for in the Price List;
3) charge the Renter with the payment for the period of arbitrary prolongation of the rental period according to the Price List.
4) keep the deposit paid by the Renter.
§ 8
Prolonging the car rental period without prior agreement by the Car Rental by more than one day over the time specified in the contract causes, in addition to the loss of the deposit, a contractual penalty in the amount of double the deposit value for each subsequent day exceeding the period of rental specified in the contract.
§ 9
1. In the event of theft or breakdown of the car during the rental period, the Renter is obliged to immediately notify the Car Rental and the Police. If the fault may pose a threat to traffic safety, it is forbidden to continue driving until the fault is removed.
2. The Renter is obliged to immediately notify the Car Rental by calling the number +48 513669286, +48 733669286, +48 730669286 or +48 730699286.
3. If the damage to the vehicle occurred as a result of a traffic accident, the Renter is obliged to call the Police and secure the car.
4. In the case of damage to the car due to the Renter, he/she will be charged with a financial penalty according to the daily rate of car rental for each day of repair.
5. In the case of car theft, due to the Renter’s fault (in particular as a result of not securing the car, i.e. not closing the car and not activating alarms and blockades), the deposit is forfeited.
§ 10
Driving with a rented vehicle across the border of the Republic of Poland requires the written consent of the Car Rental under pain of nullity. In the event of violation of the above prohibition, the Renter will pay a contractual penalty in the amount of PLN 1000.00 net for each day the vehicle is outside the borders of the Republic of Poland. Notwithstanding the foregoing, the Car Rental has the right to terminate the contract with immediate effect, without written form.
IV. Obligations of the Car Rental
§ 11
1. In the event of immobilisation of the rented car for a period longer than 8 hours, the Car Rental will, if possible, provide the Renter with a replacement car. The Renter is not charged with the rent for the car for the period of waiting for a replacement car.
2. A replacement car is not provided in the event of:
1) the loss of registration certificate and/ or insurance policy and/ or keys from the car due to the Renter,
2) damage to the car due to the Renter, the second driver or a person authorised by the Renter,
3) immobilisation of a rented car outside the territory of the Republic of Poland,
4) parking damages and acts of vandalism.
V. Fees, additional fees, deposit and contractual penalties
§ 12
1. The fee for the rental period is paid in advance at the rate applicable on the day the contract is concluded, unless the parties have agreed on a different form of settlement.
2. Prices of daily rates and the amount of the deposit are included in the Price List.
3. The Car Rental reserves the right to withdraw from the deposit and deduct the amount due from the deposit for the use of the car. The unused deposit is refundable.
§ 13
The Renter pays additional fees in the case of:
1) car release outside the office hours – service fee – PLN 30.
2) car return outside the office hours – service fee – PLN 30.
3) car delivery or collection within the city of Lublin, depending on the distance – 30 to 100 PLN.
4) return of a car with incomplete tank – the cost of missing fuel plus the fee for supplementing – PLN 30.
5) return of a dirty car (inside and / or outside) – up to PLN 200.
6) exceeding the mileage – for every kilometre exceeded-payment in accordance with the agreed fee for the given car
7) charging the Renter with a fee for providing, upon request of law enforcement authorities or administration bodies, written information about the Renter using the car. The Renter is charged with a fee of PLN 150.
8) car rental office hours: Monday – Saturday from 7.00 to 21.00, Sunday – from 8.00 to 20.00
9) car trip outside the territory of the Republic of Poland – PLN 50, to countries outside the EU- forfeiture of deposit
10) Not picking up the car after the deposit/ advance payment results in the loss of funds. Possible return of the deposit/ advance payment after cancelling the reservation 21 days before the planned rental of the car.
§ 14
1. In the event of damage to the vehicle by the Customer, he/she will be charged up to …………… x2 total damage (loss of deposit) and costs for parking the car due to the damage at the rate of rent for each day.
2. In the event of damage to the vehicle caused by driving under the influence of alcohol, the Client will be charged for repair, collection of the car as well as costs of parking according to the rent rate for each day. He/she will also lose the deposit.
3. The Renter is liable in the full amount of damage in the following cases:
1) driving a car under the influence of alcohol, drugs or other intoxicants or without a valid driving license,
2) damage resulting from intentional acts, omission or gross negligence,
3) escape from the place of an accident or collision,
4) the insurer’s refusal to pay compensation through the fault of the Renter
5) failure to return a registration certificate or a set of keys after car theft through the fault of the Renter
4. The Renter is liable with respect to the following contractual penalties:
1) damage or loss of the key with the central locking controller, loss of the remote control or the key to the alarm through the fault of the Renter- up to PLN 2.000,
2) damage or loss of the key without the central locking controller through the fault of the Renter- up to PLN 1.000.,
3) damage or loss of car documents, vehicle cards through the fault of the Renter- PLN 500
4) damage or loss of the insurance policy, registration plate or registration sticker – PLN 500
5) disobeying the prohibition to smoke inside the car – PLN 1.000
6) returning the car with a noticeable bad smell – PLN 200
7) intentional preventing the Car Rental from checking the condition and use of the car – PLN 500
8) loss of guarantee for the car due to the Renter’s fault – PLN 3.000.
9) refuelling the car with the wrong type of fuel – PLN 10.000
10) dismantling or replacing parts of the car or making any modifications without the consent of the Car Rental – PLN 2.000
11)‎ In the event of failure to return the car within the time agreed in the contract and lack of contact with the Renter, the Car Rental will charge the Renter for collecting the car with the amount of PLN 1.000 + travel costs.
5. If the damage suffered by the Car Rental exceeds the contractual penalty, the Car Rental is entitled to demand payment of supplementary compensation.
VI. Final Provisions
§ 15
The Renter agrees to the processing of his/her personal and registered data by the Car Rental for purposes related to the implementation of the car rental agreement in accordance with the Act of 29 August 1997 on the protection of personal data (i.e. Journal of Laws of 2002, No 101, item 926, as amended).
§ 16
1. The Car Rental does not return money for the car returned earlier.
2. For any damage that requires servicing and repairs of the vehicle, a Customer who is under 26 years of age, pays out of his own pocket.
3. In the case of concluding a fixed-term contract between the Car Rental and the Renter: if the Renter does not meet the payment date/s established before signing the contract or the Renter arbitrarily shortens the previously determined rental period without paying the rent until the end of the contract, the Rental is entitled to set-off the entire deposit or burden the Renter with contractual penalty in the amount of … .. …… .. x monthly rent remaining to the period of the signed contract.
4. For the arbitrary extension of the contract, the daily rate counts twice.
5. The Renter authorises the Car Rental to issue VAT invoices without a signature in the matters regulated by the contract.
6. This document is owned by the Car Rental. Its duplication, transmission and copying, in part or in whole, without the written consent of the Rental is prohibited.
7. In cases not covered by these Regulations or the contract, the relevant provisions of the Civil Code shall apply.
8. All prices listed in the Regulations and in the Price List contain applicable taxes and are gross prices.
10. In cases beyond control, the Rental reserves the possibility of providing another car of the same class or higher than that reserved for the same price.
The AC insurance does not cover: tires, rims, hubcaps, acts of vandalism and negligence of the vehicle. The Renter takes full financial liability for the heavy wear and tear of the vehicle caused by use contrary to traffic regulations. The Renter is responsible for excessive wear of tires, blocks and other car components caused by speeding and wheel spinning. If the damage incurred by the Car Rental exceeds the contractual penalty, the Rental is entitled to demand payment of supplementary compensation.
When paying with credit cards, pre-paid cards, with pre-authorisation, the Renter agrees to make the transaction by “Delayed Supplementary Fees and Amendments” without the physical participation of the card in Duńczyk Car Rental. Such transactions may only include additional charges for: used fuel, parking fees or penalty tickets for violation of the provisions of the Road Traffic Code, repair of a damaged vehicle not covered by insurance, own contribution in the event of loss of a vehicle or repair of a damaged vehicle covered by insurance. However, these fees may not exceed the amount of the deposit for the vehicle accepted by the card holder.
The Controller of Customers’ Personal Data within the meaning of the generally applicable law is the Duńczyk Tomasz Polesiński, Carriage of Persons and Goods ul. Chodźki 39/24, 20-093 Lublin NIP. 946-102-25-24.
In connection with the implementation on 25 May 2018 of 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 (General Data Protection Regulation) (further: Regulation 2016/679), we would like to inform you that from May 25, 2018 you will be entitled to the rights set out below regarding the processing of your personal data.
Duńczyk Tomasz Polesiński Carriage of Persons and Goods ul. Chodźki 39/24, 20-093 Lublin NIP. 946-102-25-24 processes Personal Data in accordance with the applicable law, in particular with the provisions on the protection of personal data and the Regulations. Duńczyk Tomasz Polesiński Carriage of Persons and Goods ul. Chodźki 39/24, 20-093 Lublin NIP. 946-102-25-24 ensures the security of Clients’ personal data, including protection against unauthorised or unlawful processing and accidental loss, destruction or damage by means of using appropriate technical or organisational measures.
Customers’ personal data are processed in order to perform the Agreement (execute the Order), to consider possible complaints as well as for marketing purposes, including sending commercial information.
Customers’ personal data will be processed for the duration of the Contract (execution of the Order), up to the expiry of the period for claims arising from a legal relationship or resulting from other legal provisions.
Customers’ Personal Data processed on the basis of their consent will be processed until the Customer withdraws his/her consent.
In connection with the processing of data for marketing purposes, Duńczyk performs customer profiling operations consisting in analysing the Customer’s data, and in particular, the history of his/her Order so as to to prepare an individualised offer tailored to his/her needs.
The Customer may at any time object to profiling operations. An objection may be filed electronically at the following e-mail address: opiekunfloty@dunczyk.com.
Personal Data regarding the forename, surname, address, ID numbers, e-mail address as well as the contact telephone number will be used by the Duńczyk Company in order to fulfil the Customer’s orders and to consider any complaints.
Personal Data regarding the e-mail address, after prior consent by the person to whom they apply, may be used by Duńczyk to send business information by electronic means.
Personal Data regarding the forename, surname, Order Number, address, e-mail address and contact telephone number will be made available to third parties for the purpose of implementing the Agreement.
Notwithstanding paragraph 12, Personal Data may be made available to authorised entities in cases provided for by generally applicable laws in the scope resulting from these laws and to Duńczyk partners on the basis of separate data processing entrustment agreements.
The Customer has the right to access their personal data, the right to request their rectification, removal or limitation, the right to object to the processing of these data, and the right to transfer them. If you believe that the processing of Personal Data violates the law, you have the right to file a complaint to the supervisory body: the President of the Office for Personal Data Protection.