General terms and conditions of the vehicle lease contract

1. PRELIMINARY PROVISIONS

These General Terms and Conditions, hereinafter referred to as "GTC", define a general terms and conditions of car rental by INTER FLEET FRANCHISE Spółka z ograniczoną odpowiedzialnością (operating under the trade mark "CARWIZ") with its registered office in Warsaw(02-844), ul. Pulawska 479, NIP (Tax number): 951-24-94-582 REGON: 384944203 entered in the Register of Entrepreneurs of the National Court Register (KRS) by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register under number 0000814000 with a share capital of PLN 5,000.00, hereinafter referred to as "Lessor".

For the purposes of these GTC, the following definitions shall have the following meaning

"Lessor" - CARWIZ INTER FLEET FRANCHISE Sp. z o.o. ul. PUŁAWSKA 479, 02-844, WARSAW, POLAND.

 "Lessee" - natural or legal person which is hiring or on behalf of whom the Vehicle is hired. In the rental agreement, such person is referred to as “Lessee“ and is held responsible for compliance with all points of these General Terms and Conditions of vehicle rental agreement. Where the Lessee is a consumer, the GTC shall apply with due regard for mandatory legislation on consumers.

"Agreement" - an individual rental agreement, which is signed at the Vehicle collection point at the beginning of the rental period and which authorizes the use of the Vehicle, specifies the place of collection and return of the Vehicle, the scope of financial responsibility, equipment and services included in the price, as well as the payment method for the rental. The agreement also contains information about the mileage, fuel level, damage and possible defects of the rented Vehicle, as well as other rights and obligations of both parties, which by their signatures fully accept this Agreement. The vehicle rental protocol at the time of publication of the General Terms and Conditions is considered to be part of the rental agreement.

"Driver" - a natural person named in the rental agreement as a "User" who signs the rental agreement and takes over the Vehicle and is responsible for the following provisions of the rental agreement.

“User" - Lessee, Driver and additional driver in the following General Terms and Conditions of vehicle rental agreement defined as User.

"Vehicle" is the subject of the Agreement, and information about it are included in the Agreement.

2. RENTAL CONDITIONS.

By signing the Agreement, the User confirms that he/she has taken over the Vehicle in proper condition for the service covered by the Agreement, including all related equipment and accompanying documentation. By signing the Agreement, the User guarantees to the Lessor that he/she has met all the requirements specified in the General Terms and Conditions and that he/she has all the documents required to drive the Vehicle in accordance with the law in force in the Republic of Poland. He/she is obliged to present the originals of these documents to the Lessor for inspection. Documents required; driving licence (minimum one year old), identity card or passport, credit card of

the Driver. The User is responsible for traffic offences committed during the Agreement period as well as after its termination. 

3. PAYMENT TERMS AND CONDITIONS

Your credit card will pre-authorize (a hold on a credit card) for possible Vehicle damage or other incidents for which you are responsible. The User should have sufficient funds required to pre-authorize the credit card up to the amount specified by the Lessor according to the current rental conditions, depending on the class of the Vehicle, rental, insurance. By signing the rental agreement, the User authorises the Lessor to collect, in advance, the appropriate amount for the rental per day according to the tariff accepted in the Agreement, including any extras (purchased insurance cover, additional equipment and services) and other possible costs to be incurred, according to the current price list. These charges are made on the credit card on which the pre-authorisation was made, or on any other agreed form of payment. By providing the credit card to the rental agreement, the Lessee agrees to charge his/her credit card account with additional costs resulting from the extension of rental, and additional costs resulting from the return of the car to the Lessor (i.e. possible costs of damage repair in the returned Vehicle, fuel shortages, fines). If the User makes a payment directly to the Lessor's bank account, the User is obliged to do so within a specified period. Before the Vehicle is collected, the funds must be credited to the account of the Lessor. In case of delay, the Client is obliged to pay interest to the Lessor as well as other potentially incurred costs.

4. OBLIGATIONS OF THE USER

By signing the Agreement, the User declares that he/she is aware of all the provisions of the Agreement set out below and that he/she accepts them: 

1. a) The Vehicle shall be returned to the agreed place at the contractually agreed time and in the same condition as it was collected, together with the equipment (additional e.g. child seat and/or navigation device), the same fuel level as on collected and the parking entrance ticket. Otherwise, additional costs will be charged. The rental agreement terminates after the Vehicle has been checked by a CARWIZ employee together with the date and time of the check on the vehicle return protocol. In case of absence of the Lessee at the moment of checking the Vehicle after the return, the Lessor has the right to unilaterally draw up a return protocol with consequences for the Lessee. The Vehicle is rented for 24-hour periods. Delay in the return of a Vehicle of up to 30 minutes does not result in an extra charge. The extension of the agreed rental period, as well as other changes concerning rental, should be requested from the Lessor, directly to the branch from which the rental of the Vehicle took place, by phone or e-mail before the expiry of the rental period; in case of failure to return the car (the object of rental) within the period indicated in the Agreement, the Lessor shall report the fact of appropriation of the object of rental to the Police (non-contractual use),
2. The Vehicle shall not be overloaded, used for training new drivers, transporting or towing other vehicles or tractors, transporting passengers for profit, racing, rallying, endurance testing or delicit tort;
3. The Vehicle shall only be used by the Driver or an additional driver specified in the Agreement, for personal use only, according to the intended use of the Vehicle, and the Vehicle shall not be made available to unauthorised Users or third parties;
4. when leaving the Vehicle, the User shall close all windows correctly and close the Vehicle taking along car keys (other devices) and documents;
5. the User shall only use public roads, do not drive under the influence of alcohol, drugs or other prohibited substances and shall comply with traffic regulations;
6. the User will take care of regular maintenance of the Vehicle, which means checking the level of coolant, oil, other fluids, tyre pressure, etc. regularly;
7. if at any time a dashboard warning lights indicates the need for repair (or topping up operating fluids), or if the User himself considers that the Vehicle needs to be serviced, he/she shall notify the Lessor immediately and make the Vehicle available (at the place and time agreed with the Lessor) for this purpose. In the case of a damage to the Vehicle resulting from a failure to comply with these terms and conditions, the User is obliged to compensate for any such damage and possible loss of earnings resulting from the inability of the Lessor to carry out basic activities and maintenance due to the negligence of the User.
8. The Vehicle shall not be used to transport more passengers or goods than the maximum permitted number specified in the vehicle specification, and no modifications shall be made to the Vehicle;
9. The Vehicle shall not be used outside the territory of Poland unless it is notified in advance and agreed with the Lessor. The Vehicle shall only be driven within the territory of the European Union countries with the consent of the Lessor and payment according to the current price list. If cross-border and territorial restrictions on the use of the Vehicle are not complied with, any insurance packages in your possession, as listed in point 8 of these terms and conditions, shall cease to apply.
10. The User shall pay all (but not exclusively) costs related to the use of the Vehicle such as fuel, motorway tolls, bridge tolls, parking fees, fines and other;
11. On the basis of this Agreement, the User authorises the Lessor to charge him/her for any traffic offences, parking fees, other fines and administrative charges, without prior notice, if they result from a violation of the laws of the Republic of Poland or another country and if they were committed during the rental period. The costs will be increased by the administration fees and will be charged to the credit card mentioned on the first page of this rental agreement.
12. The User, a legal entity, may, after prior notice and consent of the Lessor, allow an employee who meets certain requirements for the use of the rented Vehicle and in such a case is obliged to acquaint the Driver with the terms of the Agreement, which in no way reduces the legal entity's responsibility to comply with these terms and conditions. 

5. DAMAGE OF THE VEHICLE AND/OR LOSS OF DOCUMENTATION

In case of a damage to the Vehicle (including theft), loss of equipment or tools, loss of documents, license plates or car keys, the User is obliged to reimburse the costs. The User of the Vehicle is liable in the event of damage to the engine, mechanical parts of the Vehicle (e.g. due to lack of oil, coolant or other fluids in the engine), as well as in the event of damage to the oil pan, clutch (so called burnt clutch), vehicle chassis, loss/damage of documents or car keys, loss/damage of licence plates, damage to the interior of the Vehicle, burnt seats, refuelling inappropriate fuel or other damage resulting from the negligence of the User or an additional driver of the Vehicle (such as reckless driving or off-road driving). In such cases, the User of the Vehicle shall reimburse the Lessor the equivalent of the Vehicle repair costs plus the amount of the lost daily rental according to the amount stated in this rental Agreement, for the repair period, but not more than 30 days, and for any other damage such as the towing cost of the Vehicle or loss of Vehicle value. The User accepts the use of the Vehicle in accordance with the manufacturer's manual instructions, as well as the use of diesel or unleaded petrol, in accordance with the manufacturer's manuals. Any damage resulting from non-compliance with these manual instructions will not be covered by insurance and will remain the responsibility of the Vehicle User.

6. THEFT, VEHICLE ACCIDENTS AND/OR TECHNICAL PROBLEMS

 In the event of an accident, damage to the Vehicle, theft, engine failure or similar circumstances, the User is obliged to:

1. ensure that further damage to the rented Vehicle is avoided until it is taken over by the Lessor;
2. make a note of the names, surnames, telephone numbers and addresses of witnesses and participants of the accident;
3. call the Police and draw up an accident report, except for engine failure;
4. inform the nearest Lessor's office about the accident.

The User of the Vehicle is obliged to report any damage to the Vehicle to the police. In the event that the User does not present a police report or make a statement, all costs related to the damage or lost Vehicle shall be covered by the User of the Vehicle in full, including lost benefits in the amount of daily rent for not being able to use the Vehicle during the repair period, for a maximum of 30 days, regardless of the fault of the User and whether the User has accepted and paid for additional packages to limit or waive liability.

7. COSTS REIMBURSED TO THE USER

The Lessor shall reimburse the User for all costs for oil, grease, regular maintenance and minor repairs that occurred during the rental period, except for the costs of washing the Vehicle, on presentation of all settled invoices. Such invoice must be issued to the Lessor; CARWIZ INTER FLEET FRANCHISE Sp. z.o.o. ul. PUŁAWSKA 479, 02-844, WARSZAWA, POLSKA, NIP: NIP: 9512494582

In order to be reimbursed for the above costs, you must obtain the written consent of an authorised representative from the Lessor; otherwise, the reimbursement will not be possible.

8. WAIVERS (EXCESS)

The risk and the amount of the excess may be reduced by adopting an appropriate package that reduces or eliminates the excess. Limited liability for damage or theft involving excess (CDW/TP): by accepting such insurance cover you can limit or waive your liability for damage or theft entirely (subject to the terms and conditions of the rental). By purchasing this reduced excess option (Medium Protect Package ), accepting an paying this additional protection of the excess, the User can limit its liability against Vehicle damage. Medium Protect Package (medium protection) DOES NOT cover: damage of the Vehicle interior (unless the interior is damaged in an accident). By purchasing this total excess waiver option - Total Protect Package - (full protection), accepting an paying this additional protection of the excess, the User can fully limit its liability against Vehicle damage (subject to all conditions are met). Total Protect Package does not cover interior damage of the Vehicle (unless the interior is damaged in an  accident). By signing the rental agreement, the User authorizes the Lessor to charge his/her credit card for any rental costs, breakdowns or losses, up to the amount of the excess indicated in the rental agreement or the full amount of the damage, if the User did not comply with these terms and conditions, even those detected after the return of the Vehicle and of which the User did not inform the landlord in accordance with the return procedure. The insurance does not cover damage caused in high-risk areas or in war zones, or in case when the rented Vehicle is used outside the Republic of Poland, without the consent and fee charged.

9. COLLECTION AND PROCESSING OF PERSONAL DATA

10. The User provides personal data voluntarily. Personal data of the User is required in the process of the rental agreement. The Lessor uses and processes personal data in accordance with applicable data protection regulations.
11. The Lessor undertakes to process the personal data in accordance with the applicable law and in accordance with the Agreement. When processing personal data, the Lessor undertakes to comply with the provisions on personal data protection, in particular 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).
12. The administrator of personal data is INTER FLEET FRANCHISE Spółka z ograniczoną odpowiedzialnością (operating under the trade mark "CARWIZ") with its registered office in Warsaw(02-844), Pulawska 479, NIP (Tax number): 951-24-94-582 REGON: 384944203 entered in the Register of Entrepreneurs of the National Court Register (KRS) by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register under number 0000814000 with a share capital of PLN 5,000.00, contact details: phone: +48221647885; email:info@carwiz.pl
13. The personal data provided will be processed: for the purpose of taking action prior to the conclusion of the Agreement and for the implementation of the Agreement - pursuant to Article 6(1)(b) of the GDPR; on the basis of consent (only for the purpose stated in the consent) - pursuant to Article 6(1)(a) of the GDPR; for the purposes of legitimate interests pursued by the administrator or by a third party (e.g. for redress, direct marketing) - pursuant to Article 6(1)(f) of the GDPR.
14. Personal data will be stored for the duration of the Agreement and after its termination in order to fulfil the legal obligation incumbent on the Lessor as the administrator (for a period consistent with and required by applicable regulations) and in the case of legally justified interests pursued by the administrator or by a third party (including direct marketing) until the withdrawal of consent or objection is filed.
15. Due to the nature of the Agreement, the recipient of personal data may be a partner of the Lessor (insurance company, a Lessor, bank, entity providing services for the benefit of the Lessor), and in the case of legally justified interests pursued by the Lessor, also another entity cooperating with the Lessor (law firm, marketing agency, etc.) .
16. The Lessee has the right of access to the content of his/her data and the right to rectify, delete, limit the processing, the right to transfer the data, the right to withdraw consent at any time (without affecting the lawfulness of the processing, which was carried out on the basis of consent before its withdrawal), the right to object (when the processing of personal data was carried out for purposes resulting from legitimate interests pursued by the Lessor). The Lessee has the right to lodge a complaint to the General Inspector of Personal Data Protection if he/she considers that the processing of personal data violates the provisions of the GDPR. The Lessee's personal data may be processed in an automated manner, including in the form of profiling (profiling will be performed in order to offer the Lessee the goods and/or services best suited to the needs and expectations). 

10. CONDITIONS FOR PROMO CODES, SPECIAL BENEFITS, COUPONS AND VOUCHER

Codes, coupons, benefits or vouchers can’t be given on personal request to subscribers via newsletter and regular clients occasionally can be offered some special benefits based on loyalty. 

Any digital promo code is linked to the intended e-mail address.  A promo code (coupon or voucher) isn’t usable if it’s not connected to an e-mail address you own.Each client can use only one promo code which can be used on a discount or a certain benefit, unless otherwise stated in the additional conditions that apply to a certain promotional code.

Whether it’s a digital of physical promo code, these conditions apply, even if such a provision is not stated on the promotional code.

Coupon transferability 

Promo codes are not transferable and cannot be sold or traded. Any attempt or form of selling a promotional code is strictly prohibited, and in the event of such activity, the promotional code will automatically become void. The offer may be revoked at any time before or after its acceptance, for any reason, by CARWIZ rent a car.

Additional conditions
When you use a promotional code, you accept these terms and conditions in full. Carwiz d.o.o. reserves the right to change these terms without prior notice, by updating this publication.

We do not assume any liability for incorrectly or incompletely entered e-mail address of the recipient of the promotional code, as well as for loss, theft, misuse or late transmission of the promotional code caused by technical difficulties.

We reserve the right to reject an order if we determine that a promotional code has been misused or fraud has been attempted.  In the event of fraud, attempted fraud or suspicion of other illegal activities related to the use of the promotional code, we have the right to block the promotional code. There is no right to request the unblocking or payment of such a coupon.

At no time are you entitled to damages if you have not used the promotional code on time (promotional codes are time limited, and may be limited to one particular service).

The promotional code is not exchangeable for money. Furthermore, it cannot be added to other discounts and promotions or combined with other coupons unless otherwise stated in the additional terms.

11. OTHER PROVISIONS

 The Lessor shall not be liable for any damage incurred by the User due to the delay in handing over the Vehicle or for damage that the User may have suffered as a result of malfunctioning of the Vehicle during the rental period. The Lessor has the right to terminate the rental agreement and to take over the Vehicle immediately if the User does not act in accordance with the provisions of these terms and conditions or the rental agreement, or if the Vehicle is damaged. Termination of the rental service in accordance with these provisions does not affect the other rights of the Lessor set out in these terms and conditions and the rental agreement. This Agreement has been drawn up in two identical copies, one of which has been given to the User and the other has been retained by the Lessor. By signing the last page of this Agreement, the User accepts this Agreement and all of its provisions, and by accepting insurance coverage for the damage set forth in point 8, the User accepts the terms and conditions of insurance coverage with which he/she was acquainted. This Agreement may only be amended in writing. Oral agreements shall be considered void. In the event of a dispute arising out of this Agreement, both parties agree to refer the dispute to the court of general jurisdiction, in accordance with Polish law.