TERMS OF USE

 

Vehicle Rental Terms and Conditions of MAVO Sp. z o.o.
Effective as of 28.09.2017r.

§ 1 Introduction

1. These Terms and Conditions (hereinafter referred to as the ‘Terms and Conditions’) have been issued by MAVO Spółka z ograniczoną odpowiedzialnością with its registered office in Kraków (31-003), ul. Podzamcze 22/9, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court for Kraków-Śródmieście, 9th Commercial Division of the National Court Register under KRS number: 0000643556, NIP (taxpayer identification number):

6762515639, REGON (statistical number): 36569539600000, share capital: PLN 60 000.00, paid up in full, hereinafter referred to as the ‘Lessor’.

2. The Terms and Conditions specify rental conditions for passenger cars and light commercial vehicles that are applicable to rental agreements entered into by the Lessor.

3. If there are any discrepancies between these Terms and Conditions and rental agreements, these Terms and Conditions shall prevail.

4. Any references hereinafter to the following terms shall be deemed to mean the following:

(a) Lessee – a party to the rental agreement entered into with the Lessor or a person making the booking;

(b) User – the Lessee or any natural person designated in the rental agreement by the Lessee as authorised to drive a car or any person who is actually entrusted with driving a car by the Lessee;

(c) Agreement – vehicle rental agreement entered into by and between the Lessor and the Lessee;

(d) Lessor – MAVO Spółka z ograniczoną odpowiedzialnością.

§ 2 Lessee. The rights to drive cars

1. Vehicles may be rented by:

(1) Natural persons, provided that these cumulative conditions are met:

(a) a valid ID card or a valid passport is produced;

(b) an entry is made in the Polish Central Register and Information on Economic Activity (CEIDG) if a rental agreement is entered into as part of their economic activity;

(c) such person is over 21 years of age, but under 70 years of age.

(2) Legal entities (or organisational units referred to in Article 331 of the Polish Civil Code), provided that the representatives of such entities or organisations, who enter into the rental agreement on behalf of them:

(a) provide information that corresponds to a valid transcript from the Register of Entrepreneurs of the National Court Register; and

(b) produce the document referred to in paragraph 1(1)(a) above along with another document proving that such representative is authorised to enter into a rental agreement (for example a power of attorney) if such authorisation is not clear from the document referred to in point (2)(a) above; and

(c) satisfy the requirement specified in paragraph 1(1)(c) above.

2. A Lessee who is a consumer hereby authorises the Lessor to ask economic information bureaus, which operate pursuant to the Act of 9 April 2010 on providing economic information and exchanging economic data, for information on financial viability of the Lessee. If any economic information bureau provides the Lessor with negative information on financial viability of the Lessee before the rental agreement is entered into, the Lessor hereby reserves the right to refrain from entering into the rental agreement; if such information is provided to the Lessor after the rental agreement is entered into, the Lessor reserves the right to terminate the rental agreement immediately.

3. Only the Lessee and the User (provided that the extra driver option that is referred to in § 4(15) is chosen and paid for), who satisfy the criteria specified in § 2(1)(1)(c) of the Terms and Conditions, are authorised to drive a car, provided that they, for at least one year: have had the rights to drive cars and have had a driving licence that is valid in Poland and that allows them to drive cars of a category corresponding to the category of the rented vehicle. The Lessee declares that both the Lessee and the User shall satisfy the above requirements at any time during the term of the rental agreement.

4. The Lessee is entirely liable for the rented vehicle, including for any actions and omissions of the User, until the vehicle is returned to the Lessor, as certified by the return report signed by the Lessor.

The Lessee ensures that the User complies with obligations arising out of these Terms and Conditions and of the rental agreement, and informs the User about the contents of the Terms and Conditions and the obligations arising thereunder..

5. Requirements specified in § 2(3) of the Terms and Conditions shall remain in force for the entire term of the rental agreement. If it is determined that the Lessee or the User do not meet the requirements specified in § 2(3) of the Terms and Conditions, the Lessor may terminate the rental agreement immediately.

§ 3 Bookings. Conclusion of the agreement

1. The Lessee books a car by filling out a form that is available at www.mavorental.pl. Rental fees in force on the day of booking and specified in the price list available at www.mavorental.pl shall apply to their booking.

2. After the booking is made pursuant to § 3(1) of the Terms and Conditions, a booking confirmation is sent to e-mail address specified by the Lessee.

3. In order for the Lessor to conclude the rental agreement, the following criteria must be satisfied:

(a) Lessee's data must be positively verified;

(b) order must be made at least 24 hours before pick-up time;

(c) an amount must be credited to the bank account of the Lessor or a rental fee must be paid in cash, subject however to § 9(6) and (7) of the Terms and Conditions;

(d) the Lessee must accept the Terms and Conditions of the Lessor that are available at www.mavorental.pl;

(e) the requirements specified in § 2(1) of the Terms and Conditions must be fulfilled;

(f) the Lessee must either produce a credit card to the Lessor (the credit card shall be valid for at least 3 months after the end of the planned rental period) in order to allow the Lessor to pre-authorise the card, or the Lessee must agree for taking security deposit that is referred to in § 10 of the Terms and Conditions. The Lessee is released from the obligation to provide the security deposit or to produce a credit card in order for it to be pre-authorised by the Lessor if the Lessee chooses and pays for full protection package without mileage limit, which is referred to in § 4(13) of the Terms and Conditions, or chooses and pays for an extra option that is referred to in § 4(15) of the Terms and Conditions (no need to provide the security deposit).

4. If the credit card, which is referred to in § 3(3)(f) of the Terms and Conditions, was produced to the Lessor at the time of concluding the vehicle rental agreement, the Lessor pre-authorises the Lessee’s credit card. The Lessor may charge the Lessee with any and all costs that are not settled by the Lessee and that arise out of the rental agreement or the Terms and Conditions. Pre-authorisation is released in accordance with a procedure followed by the bank that issued the Lessee’s credit card and the Lessor has no control whatsoever over this process.

5. No release of any pre-authorisation on the Lessee’s credit card shall be construed as a waiver of the Lessor’s claims against the Lessee.

6. The rental agreement is considered concluded after it is signed by the Lessee or the Lessees and the representative of the Lessor pursuant to the conditions specified in the booking and confirmed by the Lessor as stipulated in § 3(2) of the Terms and Conditions. If the rental agreement is concluded by more than one Lessee, all of them remain jointly and severally liable under the rental agreement.

7. If the rental period is to be extended, a fee applicable for the extended period is calculated using prices in force on the day the rental agreement is extended, pursuant to § 9(3) of the Terms and Conditions.

8. If the booking is cancelled no later than 7 days before the agreed commencement date of the rental period, the Lessee shall be reimbursed with 90% of the paid rental fee.

9. If the booking is cancelled less than 7 days, but not less than 2 days, before the agreed commencement date of the rental period, the Lessee shall be reimbursed with 50% of the paid rental fee.

10. If the booking is cancelled less than 2 days before the planned commencement date of the rental period, the Lessee shall be reimbursed with 20% of the paid rental fee.

§ 4 Obligations of the Lessee

1. Following the execution of the rental agreement the Lessee picks up a roadworthy car that is in a condition suitable for correct operation. The Lessee undertakes to use it with due care and to return it, without deterioration, together with keys/remote control, documents and the entire car equipment.

2. The Lessee acknowledges and accepts that the car is equipped with GPS monitoring equipment.

3. The Lessee picks up a car that is clean both inside and outside and returns it in the same condition, unless the Lessee chooses and pays for an extra option that is referred to in § 4(15) of the Terms and Conditions (no need to wash and vacuum the car).

4. The Lessee and the User use the car in a way that is specified in the agreement and that corresponds to its properties and intended use, and further undertake to:

(a) always lock the car using all security devices fitted to or supplied with it;

(b) secure the vehicle registration certificate, keys and/or remote control outside the car each time they leave it;

(c) turn on, activate or launch all electronic or mechanical security systems fitted to the car each time they leave it;

(d) refrain from providing keys/remote control, vehicle documents or any car equipment items to any third party;

(e) carry out and cover the costs of basic daily inspection activities, including in particular checking that engine oil, fuel, windscreen washer fluid, cooling fluid or braking fluid are maintained at the proper level, refilling as necessary, as well as checking tyres and lights;

(f) use an appropriate fuel type that is specified next to the filling unit or in the vehicle registration certificate (P3 code).

(g) return the car with a full tank of fuel or pay for refilling the tank at the rate shown on the fuel price list determined by the Lessor and applicable on the day the car is returned;

(h) immediately inform the Lessor by telephone, to the number specified in the rental agreement, about any vehicle failure or any damage to the vehicle, and to follow the Lessor's guidelines;

(i) ensure that the vehicle is appropriately secured in the case of failure;

(j) have with them at all times all the documents required for roadside inspection, i.e. driving licence, identity document, vehicle registration certificate, vehicle rental agreement and third party liability insurance.

5. The Lessor does not authorise the Lessee or the User to:

(a) individually repair or alter the vehicle;

(b) have the vehicle repaired or serviced without written consent of the Lessor. Such written consent can be given as specified in § 4(10) of the Terms and Conditions;

(c) use the vehicle to transport more passengers than specified in the vehicle registration certificate;

(d) overload the vehicle (as determined in the vehicle registration certificate);

(e) use the vehicle for organising driving lessons and participating in sporting competitions, rallies, racing events, shows or other similar events;

(f) install roof racks, bike racks or roof boxes on the vehicle;

(g) sell, sublease or give the vehicle to any third party.

6. The Lessee covers the costs of fuel consumed during the rental period, the costs of operational fluids and the costs associated with repairing or replacing tyres damaged during the term of the rental agreement (if it is not possible to purchase a single tyre of the same type, the Lessee also covers the costs of a second tyre on the same axle).

7. It is forbidden to drive the rented car outside the territory of Poland, unless the Lessees chooses and pays for an extra option that is referred to in § 4(15) of the Terms and Conditions (a trip abroad). The Lessee covers in full any costs relating to the failure, damage or theft of a car driven outside the territory of Poland by a Lessee who is not a consumer, as well as any costs associated with returning such car to the Lessor. A Lessee who is a consumer covers the costs referred to in the preceding sentence, unless they prove they are not at fault for giving rise to such costs and for the breach of the rental agreement.

8. If it is determined that the Lessee uses the rented car in a manner incompatible with the agreement or with the intended use of the car, or if circumstances raise a reasonable suspicion that the car is stolen or appropriated in connection with the conclusion of the rental agreement, the Lessor may terminate the rental agreement immediately. The agreement may be terminated by sending a termination notice to e-mail address or telephone number provided by the Lessee.

9. It is strictly forbidden to smoke tobacco products, use electronic cigarettes, consume alcohol, use narcotic drugs or transport animals in the Lessor’s vehicles.

10. The Lessee may not remove or cover any commercial identification elements of the Lessor fixed to the rented car. Such elements can be removed or covered only after the Lessor's prior consent is obtained in each and every individual case. The consent referred to in this point can be given in writing or using electronic means, by sending a message to e-mail address provided by the Lessee.

11. The Lessee or the User shall pay all financial penalties, fines, parking charges, motorway toll, other road infrastructure charges, as well as other fees under private or public law (including any charges relating to holding or confiscating the vehicle) arising out during the term of the rental agreement, unless the Lessee proves that neither the Lessee, nor the User are required by law to pay such amounts, or unless the Lessee proves that the obligation to pay such amounts is imposed on the Lessee or the User due to the Lessor's fault. The Lessee shall reimburse the Lessor for any and all amounts paid by the Lessor due to the Lessee's breach of the obligation specified in the preceding sentence.

12. If the Lessee rents a vehicle with a gross vehicle mass exceeding 3.5 tonnes in order to provide transportation services, they shall request a competent authority to endorse the vehicle to their licence for goods transport. The provision in the first sentence does not apply if the vehicle is used for own purposes.

13. While booking the vehicle, the Lessee chooses one of the following packages:

(a) minimum protection, (b) partial protection or

(c) full protection without mileage limit.

Vehicle rental conditions (with regard to third-party liability cover, tire & rim protection, paint protection, glass protection, theft protection, penalty charge for damage to the car’s exterior, penalty charge for damage to the car’s interior, security deposit/pre-authorisation amount, mileage limit per day) vary across the packages.

14. Rental fees depend on the package chosen by the Lessee and specified in paragraph 13 above.

15. The Lessee can purchase, in addition to the package referred to in paragraph 13 above, some extra options (these include options to: lift mileage limit, lift the requirement to provide security deposit, rent a GPS unit, rent a child safety seat (for children weighing between 9 and 18 kg), rent a child safety seat (for children weighing between 18 and 36 kg), rent a booster seat, drive the car abroad, pay for an extra driver or lift the requirement to wash and vacuum the car).

§ 5 Pick-up and return

1. At the end of the rental agreement the Lessee shall return the car at a place and time determined in the rental agreement.

2. The Lessee covers the costs associated with returning the car at a place other than determined in the agreement without written consent of the Lessor in accordance with the price list determined by the Lessor and applicable on the day the vehicle is returned.

3. When the vehicle is picked up the Lessor and the Lessee draw up a pick-up report that specifies the following:

(a) technical condition of the vehicle and its equipment;

(b) vehicle documents handed over to the Lessee;

(c) anti-theft devices fitted to or supplied with the vehicle.

4. The pick-up report is annexed to the agreement.

5. When the vehicle is returned the Lessor and the Lessee examine the vehicle and draw up a return report that specifies the following:

(a) technical condition of the vehicle and its equipment;

(b) vehicle documents handed over to the Lessor;

(c) any additional information.

6. If it is impossible to examine the vehicle due to its condition (for example the vehicle is very dirty), the Lessee shall pay liquidated damages referred to in § 8(3)(f) of the Terms and Conditions (unless the Lessee chooses and pays for an extra option that is referred to in § 4(15) of the Terms and Conditions (no need to wash and vacuum the car)) and the Lessor shall record in the return protocol that it is not possible to examine the vehicle due to reasons attributable to the Lessee; furthermore the Lessor shall immediately examine the vehicle after it is cleaned and shall notify the Lessee about the date and time of the examination. If the Lessee is not present at the examination referred to in the previous sentence, the Lessor may examine the vehicle alone and draw up an additional return report that will be sent to an e-mail address specified by the Lessee in the rental agreement.

7. When the vehicle is picked up the Lessor provides the Lessee with contact data to be used in an emergency.

8. If the vehicle is returned after the agreed date and time, liquidated damages apply pursuant to § 8(3)(h) of the Terms and Conditions, unless the rental period has been extended pursuant to § 6(3) of the Terms and Conditions.

§ 6 Rental period

1. The rental period may not be shorter than 24 hours.

2. The rental day is 24 hours long and starts when the vehicle is picked up from the Lessor by the Lessee. The Lessor records the date and exact time (hours and minutes) on which the vehicle is picked up in the rental agreement. The Lessor records the date and exact time (hours and minutes) on which the vehicle is returned in the return report.

3. It is only possible to extend the rental period if all the following conditions are satisfied at the same time:

(a) the Lessor is notified about the intention to extend the rental period not later than by 5:00 PM on the working day preceding the agreed return date; and

(b) the Lessor agrees to extend the rental period by telephone (in the case the rental period is to be extended by less than 24 hours); if the rental period is to be extended by more than 24 hours, an amendment to the rental agreement entered into by the Lessor and the Lessee must be executed; and

(c) a fee for the entire extended rental period is paid, irrespective of whether this period is extended by more than 24 hours or by less than 24 hours.

4. If the car is not returned at a date and time specified in the rental agreement, including where any of the conditions specified in § 6(3) of the Terms and Conditions is not satisfied, the Lessor notifies the Police that such car is stolen. The Lessee shall pay liquidated damages for each commenced day of non-contractual use of the car, pursuant to § 8(3)(h) of the Terms and Conditions.

5. If the car is returned late and the Lessor did not agree for the car to be returned after the agreed date and time or in the event of late payment of the rental fee, the Lessor may immobilise the vehicle using a GPS system fitted to the car. If the car is immobilised as described in the previous sentence, the Lessee shall pay liquidated damages referred to in § 8(3)(s) of the Terms and Conditions. Furthermore, the Lessor may collect the car at any place and charge the Lessee with any and all costs relating to the collection of the car.

6. The car, keys and/or remote control and vehicle documents may be returned at a place specified in the rental agreement and to the Lessor's representative. It is forbidden to hand over keys and/or remote control and vehicle documents to unauthorised persons. The return is confirmed by a return report signed by the Lessor's representative and the Lessee. If the Lessee refuses to take part in the process aiming at returning the car, refuses to sign the return report or if the Lessee is not present at the place and time designated for the purposes of vehicle return, the Lessor may collect the car unilaterally, by signing the return report.

7. The rental desk of MAVO Spółka z ograniczoną odpowiedzialnością is open on business days (from Monday to Friday) between 9:00 AM and 5:00 PM.

§ 7 Failure, damage and theft

1. The Lessee shall make the car available to the Lessor in order to allow the Lessor to carry out a periodic inspection or change tyres at a place and time determined by the Lessor. If the Lessee fails to make the car available for the purpose referred to in the previous sentence, the Lessee shall pay liquidated damages pursuant to § 8(3)(i) of the Terms and Conditions.

2. The Lessee shall immediately notify the Lessor about any car failure or malfunction. The Lessee is not authorised to repair or tow the car without the Lessor's consent. The Lessee shall cover repair and towing costs where the Lessor did not agree for such repair and towing. If the car is left malfunctioning or damaged due to the Lessee's fault outside the return location specified in the rental agreement, the Lessee shall pay for towing the car, pursuant to § 8(5) of the Terms and Conditions. This does not prevent the Lessor from seeking compensation in line with general principles.

3. The Lessor shall reimburse the Lessee for any and all vehicle repair costs paid by them, provided that:

(a) the Lessee notified the Lessor about the scope of necessary repairs and their estimated cost, and the Lessor consented thereto in writing;

(b) the actual repair cost does not exceed the estimated cost referred to in point (a) above;

(c) the expenses incurred by the Lessee are supported by invoices made out in the name of the Lessor;

(d) the failure or malfunction is not caused due to the Lessee's fault.

4. The Lessee is not authorised to use the rented car for towing purposes.

5. In the case of theft, damage, collision or accident, the Lessee shall immediately notify the Police and the Lessor. Furthermore, the Lessee shall cooperate with an insurance company and the Lessor in order to indemnify the damage; in particular the Lessee shall, within 14 days of the day on which the event occurred, provide a written description of the occurrence, a copy of the document that authorises the Lessee to drive a car, a copy of identity document and a statement that the Lessee was not under an influence of alcohol at the time of the occurrence. In the case of theft, the Lessee shall also immediately return keys and/or remote control and vehicle documents to the Lessor. The Lessee shall be liable for any damage caused by a failure to comply with the obligations under the preceding sentence, unless they prove that their lack of cooperation does not impede the Lessor from pursuing claims against a person responsible for the occurrence.

 

§ 8 Liability of the Lessee. Liquidated damages

1. Any damage caused by non-performance or improper performance of the agreement by the Lessee or by non-compliance with the Terms and Conditions, as regards the part concerning non-monetary obligations relating to the return of a car without deterioration, shall be compensated by paying liquidated damages that are stipulated in these Terms and Conditions, unless the Lessee proves that the rental agreement or the Terms and Conditions were breached due to reasons for which neither the Lessee, nor the User were liable. The Lessee can prove it in particular by submitting a written statement of a party responsible for the occurrence (other than the Lessee or the User) or, if such party is unknown, by submitting an official note prepared at the scene by the Police (such note shall describe circumstances of the occurrence) or documents prepared during the verification procedure or preparatory procedure if the car was stolen or if another crime was committed.

2. The amount of liquidated damages that apply if the car is damaged or if the obligations referred to in § 7(5) of the Terms and Conditions are not complied with depends on the choice of a package referred to in § 4(13) of the Terms and Conditions.

Furthermore, the amount of liquidated damages that apply if the car is damaged depends on the type of damage, i.e. whether it is a damage to the car’s exterior (any and all damage to the car’s exterior not described in paragraph 3 below) or a damage to the car’s interior (any and all damage to the car’s interior not described in paragraph 3 below).

3. Other liquidated damages:

(a) if keys/remote control are damaged or lost – PLN 1000;

(b) if vehicle documents are damaged or lost – PLN 1000;

(c) if registration plates or windscreen registration stickers are damaged or lost – PLN 1000 (for each element);

(d) if the prohibition against smoking tobacco products, using electronic cigarettes, drinking alcohol or using narcotic drugs in the car is infringed – PLN 1000;

(e) if animals are transported in the car – PLN 1000;

(f) if the car is returned untidy (either inside or outside) – PLN 100;

(g) if the car is returned and there are non-permanent stains on seats or upholstery or in the main storage compartment (this means that such stains can be removed using standard cleaning procedures applied by professional car washes) – PLN 1000;

(h) if the car is used non-contractually – a daily fee stipulated in the rental agreement increased by PLN 1000 for each commenced day;

(i) if vehicle warranty becomes void due to the Lessee's or User's fault – PLN 3000;

(j) if the car is filled using non-appropriate fuel, as set out in § 4(4)(f) of the Terms and Conditions – PLN 3000;

(k) if any vehicle part is removed or exchanged or if any alteration is made without the Lessor's consent – PLN 3000;

(l) if the car is driven abroad – PLN 3000 (except as stipulated in § 9(10)(b) of the Terms and Conditions);

(m) if the vehicle is driven by any person other than the Lessee or User – PLN 1000;

(n) if a wheel cover is damaged or lost – PLN 100 (for each wheel cover);

(o) if an aluminium rim is damaged – PLN 1000 (for each rim);

(p) if a tyre is damaged under circumstances referred to in § 4(6) of the Terms and Conditions – PLN 500;

(r) if a tyre is damaged under circumstances referred to in § 4(6) of the Terms and Conditions and it is not possible to purchase a single tyre of the same type – PLN 1000.

(s) if the car is immobilised using the GPS system, as stipulated in § 6(5) of the Terms and Conditions – PLN 500

4. The Lessor hereby reserves the right to seek additional compensation in line with general principles set out in the Civil Code if the actual loss exceeds the amount of liquidated damages applicable in any given case.

5. If the car is malfunctioning or damaged – either the towing charge or PLN 7 per each kilometre (the fee is calculated for one-way ride only), but in any case at least PLN 300.

6. In duly justified cases the Lessor may refrain from applying liquidated damages or additional fees in full or in part.

§ 9 Payments. Method of payment

1. The fees under the rental agreement (including the rent) are charged in advance in Polish currency (PLN) at the rate specified in the Lessor's Price List and applicable on the day the booking is made. All prices given in the Terms and Conditions, in the rental agreement and at mavorental.pl include the tax, unless stated otherwise in the rental agreement. If there are any discrepancies, rental fees given in the rental agreement shall apply.

2. The Lessee covers all costs associated with transferring any monies under the rental agreement.

3. If the rental period is to be extended, the fees given in the Lessor's Price List and applicable on the day an amendment is executed or arrangements are made by telephone, as referred to in § 6(3)(b) of the Terms and Conditions, shall apply to the extended period.

4. If a vehicle is returned earlier than stipulated in the rental agreement, the rental fee paid by the Lessee shall not be reimbursed.

5. The vehicle rental fee shall be paid in cash, by wire transfer to the Lessor's bank account or using a digital payment instrument.

6. If the rental period does not exceed one month (i.e. 30 subsequent calendar days), the fee shall be paid before pick-up on an one-off basis.

7. If the rental period exceeds one month, the fee may be paid in instalments, as stipulated below:

(a) the first instalment shall be paid before pick-up;

(b) any subsequent instalments shall be paid in advance, not later than 5 working days before the commencement of any subsequent month.

8. If no subsequent instalment is paid at the time specified in paragraph 7(b), the Lessor may terminate the rental agreement immediately or immobilise the car, as stipulated in § 6(5) of the Terms and Conditions. The agreement may be terminated as stipulated in § 4(8) of the Terms and Conditions.

9. When the rental period ends and the vehicle is returned, a final statement of accounts shall take place, as a result of which the Lessee may be obliged to make additional payments (if applicable) for:

(a) liquidated damages stipulated in the Terms and Conditions;

(b) other costs arising out of contractual arrangements and/or the Terms and Conditions.

§ 10 Security deposit

1. At the time of the execution of the rental agreement, the Lessee shall, except where the Lessee chooses the full protection package without mileage limit, which is referred to in § 4(13) of the Terms and Conditions or except where the Lessee chooses and pays for an extra option that is referred to in § 4 (15) of the Terms and Conditions (no need to provide the security deposit), provide a security deposit as a collateral to cover any costs borne by the Lessor and relating to the rental of the vehicle by the Lessee. The security deposit is provided either in cash, by wire transfer or through the pre-authorisation of a digital payment instrument.

2. The amount of security deposit is specified in the Lessor's Price List applicable on the day the agreement is executed.

3. The security deposit is returned in full or in part to the Lessee after the vehicle is collected by the Lessor, subject, however, to paragraph 4.

4. The security deposit is returned in full or in part to the Lessee after the vehicle is examined on the day it is returned, unless:

(a) it is impossible to examine the vehicle due to its condition (for example the vehicle is very dirty). In this case the Lessee shall pay liquidated damages referred to in § 8(3)(f) of the Terms and Conditions (unless the Lessee chooses and pays for an extra option that is referred to in § 4(15) of the Terms and Conditions (no need to wash and vacuum the car)) and the Lessor shall record in the return protocol that it is not possible to examine the vehicle due to reasons attributable to the Lessee; furthermore the Lessor shall immediately examine the vehicle after it is cleaned and shall notify the Lessee about the date and time of the examination. If the Lessee is not present at the examination referred to in the previous sentence, the Lessor may examine the vehicle alone and draw up an additional return report that will be sent to e-mail address specified by the Lessee;

(b) the vehicle is returned after dark or it is impossible to examine the vehicle due to specific weather or lighting conditions.

§ 11 Insurance

1. All vehicles rented by the Lessor come with third party liability cover (OC), comprehensive damage and theft cover (AC), as well as with personal injury cover (NW).

2. The Lessee shall comply with general terms and conditions of insurance as specified by the insurer.

3. The Lessee shall immediately notify the Lessor about any damage to the vehicle and to provide all documents necessary to report the damage.

4. The Lessee is liable for vehicle damage or loss, for any decrease in its value, as well as for any loss suffered by third parties, provided that these arise during the term of the agreement due to the Lessee's fault, and in particular if:

(a) the vehicle is damaged intentionally or as a result of gross negligence;

(b) the vehicle is damaged while driving under the influence of alcohol or narcotic drugs or while driving without a valid driving licence;

(c) the Lessee or User absconds from the scene of the accident;

(d) the vehicle is stolen, provided that keys and/or remote control or vehicle registration certificate were left inside the vehicle;

(e) a damage is caused while the car is driven by a person not included in the rental agreement;

(f) the vehicle is stolen, provided that some security devices fitted to or supplied with the car were not activated;

(g) the car is made available to third parties;

(h) the interior of the car is damaged due to a fault; if permanent stains are present;

(i) the car is driven outside the territory of Poland, unless the Lessee chooses and pays for an extra option that is referred to in § 4(15) of the Terms and Conditions (a trip abroad);

(j) the vehicle registration certificate or keys are not returned after the vehicle is stolen, as this results in a denial of compensation for theft;

(k) the requirements stipulated by the insurer are not complied with, where this results in a denial of compensation due to the Lessee's fault;

(l) any speed limit or load capacity limit is exceeded or if any other traffic regulation in force at the scene of the collision or accident is infringed;

(ł) the vehicle is used for participating in competitions, rallies, racing events, shows or similar events;

(m) false data or documents are used in order to rent a car.

5. The Lessee is liable for vehicle damage up to the amount of deductible (PLN 4000). This does not apply to circumstances referred to in paragraph 4 above, under which the Lessee is entirely liable for the damage.

 

§ 12 Complaints

1. Complaints shall be submitted in writing and sent to the registered address of the Lessor, as set out in § 1(1) of the Terms and Conditions, or to office@mavorental.pl.

2. Complaints shall be handled within 30 days after they are received by the Lessor. This period shall not include time needed to deliver the letter by postal or e-mail operator.

3. The Lessee shall be notified about the outcome of complaint procedure either by e-mail sent to the e-mail address provided by the Lessee (if the complaint was submitted by e-mail) or by letter sent to the postal address provided by the Lessee (if the complaint was submitted by post).

§ 13 Final provisions

1. MAVO Spółka z ograniczoną odpowiedzialnością with its registered office in Kraków (31-003), ul. Podzamcze 22/9, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court for Kraków-Śródmieście, 9th Commercial Division of the National Court Register under KRS number: 0000643556, NIP (taxpayer identification number): 6762515639, REGON (statistical number): 36569539600000, shall be the data controller. Personal data is processed by MAVO spółka z ograniczoną odpowiedzialnością or by third parties cooperating with MAVO spółka z ograniczoną odpowiedzialnością in order to perform the car rental agreement and provide direct marketing services with respect to goods or services offered by MAVO Sp. z o.o. . It is not mandatory to provide personal data. Data subjects can access and amend their data.

2. Mavo Sp. z o.o. processes personal data in accordance with the requirements set out in the Act of 29 August 1997 on the protection of personal data and in accordance with its implementing rules.

3. These Terms and Conditions and the rental agreement are governed by Polish law. Any disputes arising in connection with the rental agreement shall be determined by a court having jurisdiction over the registered office of the Lessor; however, any disputes to which a consumer, within the meaning of Article 221 of the Polish Civil Code, is a party, shall be determined by a court of jurisdiction determined in line with the Polish Civil Code.

4. If there are any discrepancies between Polish version of these Terms and Conditions and their English translation, the Polish version shall prevail.