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Terms & conditions PDF Print

I DEFINITIONS
1. “The Terms & Conditions” (Regulamin) shall specify the general conditions of rentals of motorcycles and accessories as objects of agreements made by all parties of the "Rentamoto" network created by
“Rent-a-moto Sebastian Mirski limited partnership” motorcycle rental, hereinafter referred to as “the Rental Company”
a. Regulamin shall apply to all rental agreements, unless the contract specifies otherwise.
2. The term “motorcyclel” shall describe a motorcycle, moped or scooter, together will all accessories as specified in the rental agreement
3. The renter of a motorcycle shall hereinafter be referred to as “the Customer”
4. Any person over the age of 21 who holds a valid identity card or passport and has had a valid driving license for a period of at least one year (with the
exception of cases described in items 6 and 7) may be a “Customer”
5. Canceled
6. A motorcycle with the engine capacity of less than 125 cm³ may be rented by a person over the age of 18 who holds a valid identity card or passport and
has had a valid driving license categ A1 or A for at least one year
7. A scooter with the engine capacity of less than 50 cm³ may be rented by a person over the age of 18 who holds a valid identity card or passport and has
had a valid driving license categ A1 or A for at least one year categ A1, A or B
II RESERVATIONS
8. We accept reservations made on-line.
9. The confirmation of the reservation is not equivalent to a binding rental agreement and the Rental Company reserves the right to deny a rental request
when :
- the renter does not present a valid driving license of the required/applicable category and a form of identification (an identification card or passport) upon
renting
- the renter cannot provide a credit card to be used for guarantee purposes in case of additional costs
- the renter seems to be under the influence of alcohol or other similar substances
- the renter fails to provide personal data required by the Rental
- an act of God occurs
10. The reservation must be cancelled not later than 7 days prior to the planned pick-up date.
III PAYMENT
11. the rental fee is collected in advance according to the current price list/price list valid on the day of the reservation made.
12. the customer’s credit card shall be imprinted on the rental agreement – it shall be understood as the customer having consented to have the cost of the
rental charged to that credit card:
a. the rental rate
b. the fee for missing fuel
c. the customer’s non waivable excess in case of damage or theft coverage
d. payment for additional services (pick-up from a different location)
e. payment for renting additional equipment (helmet, gloves)
f. and all other charges which are related to the service provided by Rental Company or penalties
13. In case of agreement extension, the Customer agrees to have the additional days’ rental cost charged to the CC – according to the current price list/price
list valid on the day of the rental
14. the rental fee is charged per day. If the rented vehicle is returned later than 1 hour after the expiration of the rental agreement, a one-day rental penalty
fee shall be incurred
15. the Rental allows cash payment after the expiration of the rental period. It is then that the amount initially charged to the customer’s CC prior to the rental
shall be reimbursed (to the CC)
IV PICK-UP THE MOTORCYCLE
16. Upon renting the motorcycle, the Customer is required to present the following documents for verification:
a) a valid identity card or passport
b) a driving license of the proper category valid throughout the rental period
c) his/her credit card or confirmation of the transfer of the security guarantee of other rental costs in the amount agreed upon with the Rental Company
17. Citizens of countries which have not ratified the 1968 Vienna Traffic Convention are required to have not only their regular driving licenses but the
international ones as well
18. The Motorcycle may only be ridden by the person named in the rental agreement as the Driver or the Second Driver
19. The rented motorcycle may not be subleased or given to any other person for use without the consent of the Rental Company
20. The Motorcycle shall be picked up at a location agreed upon by the Client and Rental
a) an extra fee will be charged for pick-up outside of Warsaw
21. Upon release of the Motorcycle, parties to the agreement are required to examine the condition of the vehicle and to enter their comments in the car’s
Defects Chart
22., The Rental reserves the right to provide a substitute in case the booked Motorcycle is no longer available. The Rental shall make sure that the standard of
the substitute motorcycle matches or exceeds that of the one initially requested. If the standard of the substitute is lower than that of the “original”, the rental
fee will be decreased accordingly.
V RETURN OF THE MOTORCYCLE
26. The Customer is required to return the rented Motorcycle with the same amount of fuel as upon rental. The Rental Company shall charge a service fee in
the amount of PLN 7 for every missing liter of fuel
a. one can choose an “fuel purchase option” which will be charged extra
27. The Motorcycle shall be returned to the location agreed on by all parties to the agreement
a. (canceled)
28. The Rental shall verify the technical condition of the motorcycle. In case damages to the motorcycle are detected, all results of the examination are to be
documented in the Damage Card. The Customer is required to cover the costs of all damages detected upon the return of the Motorcycle. If the Customer
refuses to sign the Damage Card the Rental Company shall acknowledge that fact unilaterally
29. Within a period of 2 working days after the Motorcycle is returned, the Customer shall be refunded (if previously collected) the “additional cost guarantee
amount” with all unpaid debts to the Rental deducted.
30. If the damage value needs to be determined by an expert, the settlement period shall commence on the day of the damage appraisal
31. In case the damage is caused by another driver the Rental reserves the right to keep the “additional cost guarantee amount” until a competent organ
either issues a decision determining the fault of the other party or compensation is paid out of the OC insurance policy
VI EXTENSION OF THE RENTAL PERIOD
32). The Customer ought to advise the Rental Company of his intention to extend the rental period before the expiration of that period
a) The Rental reserves the right to deny a rental extension request or suggest renting a different motorcycle. A new rental agreement shall be signed if a less
expensive motorcycle is chosen as an alternative.
33). If the Rental is not advised of the Customer’s intention to extend the rental period or the Motorcycle is not returned within 24 hours after the return
deadline, the motorcycle will be considered stolen/appropriated and the law enforcement authorities will be duly informed
34) In case the Motorcycle is not returned within the agreed period, the Rental Company may recover the Motorcycle from the Customer and charge a
PLN2000 contractual penalty and in addition – all costs incurred while recovering the motorcycle
35) In case the contractual penalty is charged, the Rental Company has the right to demand payment of “supplementary compensation” if the total loss
incurred resulting from the Customer’s non-compliance with the Rental Agreement exceeds the value of the contractual penalty
36. The Renter is required to use the rented vehicle in a manner consistent with its purpose, in accordance with all the rules of the Traffic Code and to comply
with all the norms and orders in force in the Republic of Poland and other countries.
37. The load capacity of the vehicle may not be exceeded.
38. The use of the vehicle for any sporting competitions is not permitted.
39. While using the car, the Renter is required to:
- have all valid documents with him, available for verification: driving license, registration card, OC insurance policy, a copy of the rental agreement
- protect the vehicle against theft by using protective locks/chains
- maintain the car on a daily basis – check the condition of the tires, all lights and chain pull
40. The client is not permitted to fill up the engine oil or brake fluid without prior contact with/consent of the Rental. Any costs resulting from the above and
borne by the Client during the rental period shall be settled upon expiration of the lease agreement.
41. The renter is liable for missing parts and equipment as well as for damage resulting from inappropriate use and protection of the Motorcycle or the loss of
motorcycle documents. In case of losing the documents, car keys or additional accessories specified in the Agreement, the Renter is required to pay the costs
of issuing or buying new documents or parts.
42. The Renter is required to deliver the Motorcycle to the Rental for a regular examination, at the location and time agreed on with the Rental. In case the
Motorcycle is brought for a check-up with a higher than acceptable odometer reading or not given at all, the Client will be required to cover the cost of the loss
caused by negligence (which includes the motorcycle guarantee being annulled , the termination of the lease agreement by notice
43. In case of the Client’s not fulfilling his agreement obligations, the Rental may terminate the rental agreement with immediate effect. In case of agreement
termination, the Renter is required to return the rented motorcycle immediately
LEAVING THE TERRITORY OF THE REPUBLIC OF POLAND
44. The Client may not take the rented Motorcycle beyond the borders of the Republic of Poland without prior written consent of the Rental
a. if given permission, the Client may take the Motorcycle to any European country
b. entering the territory of Russia, Belarus, the Ukraine and Moldova requires the deposit equal to market value of the rented motorcycle.
PROCEDURE IN CASE OF A BREAKDOWN, COLLISION OR THEFT
45. The Client is not authorized to have the Motorcycle repaired, modified or serviced. In case of a breakdown during the rental period, the Client is required
to inform the Rental of that fact immediately.
46. In case of theft or damage to the Motorcycle as a result of a collision or road accident, the Client is required to immediately call the police, obtain
attestation of losses incurred on a form attached to the rental agreement .The Client is also required to inform the Rental about a collision or road accident if
such have occurred (by calling the telephone number indicated in the Rental agreement) immediately thereafter and to follow the instructions he is given.
47. The Rental shall not assume responsibility for damages suffered by the Renter as a result of a breakdown of the Motorcycle unless the damage was done
intentionally by the Rental
48. In case of a breakdown of the motorcycle for which the Client does not assume responsibility, the Rental is obliged to provide a substitute of similar or
higher standard. If the substitute motorcycle is of a lower standard than the one initially rented, the rental fee for the remaining period shall be decreased.
49. If the Rental is unable to provide a substitute, it is obliged to pay back the amount charged for the period during which the vehicle was broken down. The
rental agreement is terminated.
50. In case of a breakdown of the motorcycle for which the Client assumes responsibility, the Rental is not obliged to pay back the costs for the period during
which the motorcycle was not suitable for use.
51. The Client is exempted from financial liability exceeding the amount of PLN 2500 in case in of collision or theft unless:
a. The vehicle is damaged intentionally, damaged as a result of driving while under the influence of alcohol, drugs and other intoxicants, or without a valid
driving license
b. The vehicle is damaged as a result of use not complying with the Rules and Regulations (competition, driving school)
c. The vehicle is damaged as a result of driving over the speed limit or violation of the Traffic Code
d. The driver flees the scene of the accident
e. The damage is caused by a person who was not indicated as the Driver or the Second Driver in the Rental agreement but nevertheless drives the vehicle
f. The Motorcycle is stolen and the Client does not return the keys or registration card to the Rental immediately thereafter or the Motorcycle is stolen as a
result of the Client’s not having taken all necessary precautions (using anti-theft devices)
NOTE: the Renter is exempted from responsibility if meeting the above conditions is made impossible by the use of force or threat thereof (robbery)
g. the damage was done in circumstances other than those described to the insurance company insuring the Motorcycle
52. Deleted
53. In cases specified in item 51 damages are covered by the Client. The Client is required to familiarize himself with the provisions of the policy, general
conditions of the motorcycle insurance agreement as well as with the amendments to the general conditions of the motorcycle insurance agreement and to
comply with provisions under pain of liability for damages caused.
FINAL PROVISIONS
54. The Polish Civil Law shall regulate all matters not regulated by the rental agreement
55. Any disputes arising in relation to the rental agreement are subject to Polish law and shall be settled by a court competent to the Rental Company
a) By putting signature on the rental agreement, the driver confirms that he can drive a motorcycle and knows about the risk involved.
56. The Regulamin consists of 6 pages, read and accepted by the Customer and the Rental Company upon concluding the Rental agreement, which the parties
attest to by putting their signatures.
AMENDMENTS TO THE AGREEMENT
57. The Regulamin enters into force on March 1, 2007
58. Amendments to the Regulamin
a. December 1, 2007
b. December 28, 2007
c. February 01, 2009
d. April 11, 2009
e. February 02, 2010

59. By putting signature on the rental agreement, the driver confirms that he can drive a motorcycle and knows about the risk involved.

 

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