Car Rental Terms and Conditions

This English version is a translation provided for information only. The legally binding version is the Polish original.

These General Car Rental Terms and Conditions set out the terms on which the Lessor, SEAPROJECT Sp. z o.o. (NIP: 5882423187), hands over a car for use by the Renter.

§ 1 The Renter declares that:

§ 2

§ 3 The Parties jointly declare that:

§ 4 (Rental fee, cash deposit, charges, security)

Persons authorised to accept cash payments:

- Artur Nastkiewicz

- Marcin Wyciszkiewicz

- Łukasz Winiarz.

§ 5 (Rental period)

14. Where the insurer refuses to pay compensation for damage to the vehicle covered by the rental agreement for reasons attributable to the Renter, in particular as a result of the vehicle keys being lost or mislaid by the person using the vehicle during the term of the rental agreement, the Renter shall compensate the Lessor for the damage in full.

§ 6

In the event of a breach of the above provisions, the Renter shall remedy, at its own expense, any damage resulting from that breach.

The Parties may agree that the Renter will carry out the periodic inspections of the vehicle, for which the Lessor will reimburse the Renter. The place and cost of each such inspection must be agreed between the Parties in writing on each occasion.

§ 7

§ 8

The insurance cover does not (or may not) include, in particular:

- for total loss and theft of the car, the excess is 4,000.00 PLN (four thousand zloty 00/100) net,

- for all partial damage, the excess is 2,000.00 PLN (two thousand zloty 00/100) net.

§ 9 Table of extraordinary charges:

Charges are stated as gross amounts.

Unless agreed otherwise, all amounts due under the vehicle rental agreement shall be paid into the Lessor’s bank account number:

39 1050 1764 1000 0090 8011 8137.

§ 10 (information on the protection and processing of personal data)

Further to the entry into force of the EU personal data protection rules, i.e. Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons 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; hereinafter “GDPR”), including in particular Article 13 GDPR, which lays down the obligation to provide information to data subjects, the Lessor informs the Renter as follows:

§ 11

Any amendments to the vehicle rental agreement shall be made in writing, otherwise they shall be null and void.

§ 12

• The data provided by the Renter are true,
• The Renter has full legal capacity,
• The Renter holds the necessary entitlements to drive the car.
• In concluding, performing and terminating the vehicle rental agreement, the Lessor is represented by any of its employees, in particular the fleet manager Łukasz Winiarz.
• The Lessor declares that the car, together with the key handed over to the Renter, is in full technical working order, with the correct levels of operating fluids, and has a spare wheel or a repair kit, a tool kit and a radio, is fuelled to the level stated in the vehicle rental agreement and is fitted with tyres appropriate to the season.
• The car may be driven by the person named in the vehicle rental agreement as the Renter or by a person authorised by the Renter in writing, at the Renter’s sole risk and responsibility, including for any damage to the vehicle (together referred to as the “drivers of the car”).
• All modifications and improvements to the car require the Lessor’s written consent.
• The car may be driven only by a person who is at least 21 years old, holds a valid ID card or passport and has held a valid and recognised driving licence for at least two years.
• The rented car may not be taken outside the borders of the Republic of Poland without the Lessor’s written consent.
• The Renter shall use the vehicle in accordance with its intended purpose and with the manufacturer’s recommendations set out in the vehicle owner’s manual, and shall keep the car clean. In particular, it is prohibited to:
• tow other vehicles;
• exceed the permitted payload;
• smoke in the car;
• use the car in races, rallies, competitions or election campaigns;
• use the car for driving lessons;
• carry substances and items which, because of their smell or properties, may damage the vehicle and cause the Lessor a loss of time and income before the vehicle can be rented out again;
• apply advertising or information materials to the vehicle without the Lessor’s consent
• carry animals.
• Subject to paragraph 2 below, the Renter shall pay the Lessor the rental fee in arrears, in the amount agreed in the vehicle rental agreement, for each day (24 h) or part thereof within the period stated in the vehicle rental agreement. Payment shall be made by the 10th day of each calendar month on the basis of a VAT invoice sent by the Lessor (billing period).
• Where the vehicle rental agreement is concluded for a period of less than 2 weeks, the Lessor shall be entitled to require the Renter to pay the rental fee agreed in the agreement in advance, on the date the vehicle rental agreement is signed.
• If the Renter is late in paying the rental fee specified in the vehicle rental agreement, the Lessor shall be entitled, for each week of delay in payment, to send the Renter a demand for payment to the Renter’s place of residence / registered office or electronically to the Renter’s e-mail address stated in the vehicle rental agreement, and to charge the Renter an administrative fee for this of 200 PLN for the first demand for payment and 600 PLN for the second and each subsequent demand.
• The rental fee agreed in the agreement includes the applicable VAT.
• The Lessor is entitled to issue VAT invoices to the Renter in electronic form without a signature, and the date of delivery shall be deemed to be the day on which the VAT invoice is sent to the Renter’s e-mail address stated in the opening part of the vehicle rental agreement.
• The Lessor may make the handover of the vehicle covered by the rental agreement conditional on the Renter paying a cash deposit of at least 2,000 PLN for a minibus, 4,000 PLN for a Ford Mustang and 1,000 PLN for any other vehicle in the Lessor’s fleet, subject to paragraph 7 below. The deposit secures the Lessor’s claims, including those for the rental fee or for deterioration of the rented item. If the Renter is late in paying the rental fee or other amounts specified in the agreement, the Lessor may deduct the overdue amount from the deposit together with statutory interest for late payment.
• Where the Renter or the driver of the car is under 25 years of age on the date the vehicle rental agreement is concluded, the Lessor is entitled to require the Renter to pay a cash deposit of double the amount.
• In the case referred to in paragraph 6 above, the Renter shall top up the deposit to the agreed amount within five days of being notified of the deduction. The Lessor’s notice of deduction shall be deemed effectively made and delivered on the day it is sent to the Renter’s e-mail address stated in the opening part of the vehicle rental agreement.
• The deposit shall be refunded at its nominal amount (without interest), less any deductions made, within 7 days of the rented item being returned to the Lessor after expiry of the rental relationship under the vehicle rental agreement and after the handover report for the rented vehicle has been signed without reservations.
• For performing additional activities and services, the Lessor charges the Renter fees at the rates set out in the “Table of Charges” (§ 10 of the Terms), and payment of such fees does not deprive the Lessor of the right to demand that the Renter compensate for any damage resulting from an activity or service described in the “Table of Charges” that exceeds the amount of the fee specified there.
• Where a vehicle is rented for a period longer than 2 weeks, the Renter’s due performance of the vehicle rental agreement, including timely payment of the vehicle rental fee or payment of an amount equal to the vehicle’s market value specified in the agreement and unchanged throughout its term, in particular if the Renter refuses to return the vehicle to the Lessor following the termination of, notice of termination of or withdrawal from the vehicle rental agreement, may be secured by a blank promissory note issued by the Renter, i.e. without stating the sum of the note, the date of issue, the due date, the place of issue or the place of payment, as security for all claims that the Lessor (hereinafter also: the Payee) may have against the Renter (hereinafter also: the Issuer) under the vehicle rental agreement. In such a case, the rules for enforcing the promissory note are set out in a promissory note declaration attached to the vehicle rental agreement.
• The Lessor is entitled to require the Renter to provide a surety, under which the guarantor undertakes to the Lessor to perform the obligation under the vehicle rental agreement should the Renter fail to perform its obligations under it. In such a case, the rules for providing the surety are set out in a separate agreement attached to this vehicle rental agreement.
• The Lessor may make the handover of the vehicle to the Renter conditional on the Renter producing an appropriate certificate of income earned in the last 3 months (a certificate from the employer, a tax revenue and expense ledger (KPiR), etc.), a certificate of no tax arrears issued by the competent tax office and a certificate of no arrears in social security contributions issued by the competent inspectorate or branch of the Social Insurance Institution (ZUS).
• Documents confirming the security provided by the Renter and accepted and approved by the Lessor form an integral part of the vehicle rental agreement.
• Should circumstances arise that reduce the value of, or result in the loss of, the security accepted by the Lessor, the Renter undertakes to provide the Lessor without delay with new, equivalent security approved by the Lessor, failing which the vehicle rental agreement may be terminated with immediate effect.
• The vehicle rental agreement is concluded for a fixed term, stated in it on each occasion and covering both the day and the hour (the “Rental period”). On expiry of the rental period, the Renter shall return the car to the Lessor at the place indicated by the Lessor, on the date set by the Lessor and during the Lessor’s office hours (between 8:00 and 16:00), with the same amount of fuel as it received, failing which the Renter undertakes to pay the Lessor twice the value of the missing fuel.
• If the Renter returns the vehicle to a place other than the one indicated by the Lessor or outside the Lessor’s office hours specified in paragraph 1 above, the Renter shall reimburse the Lessor for the costs of collecting the vehicle, in particular the costs of travelling to that place and transporting the vehicle on a tow truck, and shall pay the Lessor a one-off administrative fee of 600 PLN.
• The rental relationship under the vehicle rental agreement expires on condition that both the Renter and the Lessor sign the handover report for the rented vehicle without reservations; otherwise the Lessor remains entitled to charge the Renter fees as in the case of late return of the car, in accordance with paragraph 4 below. If the Renter refuses to sign, or the Lessor is unable to obtain the Renter’s signature on, the handover report for the rented vehicle, the Lessor is entitled unilaterally both to collect the vehicle and to sign that report.
• A delay of up to 2 hours in returning the car beyond the rental period under the agreement does not result in a charge for another day of rental. If the delay exceeds 2 hours, another rental day is added to the rental fee. Failure to report any delay in returning the vehicle or any intention to extend the car rental in accordance with the rules set out below and with the Lessor’s consent entitles the Lessor, in addition to charging the rental fee for the additional rental period, to:
• charge the Renter a contractual penalty of 600 PLN;
• charge the Renter for all losses and adverse consequences suffered by the Lessor as a result of such a breach, in particular those related to transporting the vehicle from the place of collection to the Lessor’s registered office;
• charge twice the daily rate for each further day (24 h) of rental or part thereof during the period of unauthorised extension.
• Any intention to extend or shorten the car rental must be notified to the Lessor in writing at least 48 hours before the end of the rental period stated in the agreement; the Lessor accepts such notice by text message or e-mail. For such notice to be valid, the text message or e-mail must be sent from the telephone number or e-mail address given in the agreement.
• The notice period for terminating the vehicle rental agreement is 30 days from the date on which such a statement is made to the other party. In the case of agreements concluded for a period longer than 2 weeks, notice of termination may be given no earlier than after 3 months of renting the vehicle. For good cause, the Lessor may terminate a vehicle rental agreement concluded for a period exceeding 2 weeks with 2 weeks’ notice, irrespective of the length of the rental period.
• A statement terminating the vehicle rental agreement with notice shall be deemed effectively made and delivered on the day following the day on which it is sent to the party to the agreement at the e-mail address stated in the opening part of the vehicle rental agreement.
• If the rental agreement is shortened or terminated, the rental fee is determined according to the actual rental period. In such a case, the Renter shall without delay, and no later than on the date on which the vehicle rental agreement is terminated, return the rented car in accordance with paragraphs 1–4 above and settle accounts with the Lessor.
• When the car is returned after the rental period, the Lessor also confirms the return of the car to the Renter by entering the place and date of return and signing in the relevant boxes on the first page of the agreement.
• If the rental fee is not paid on time for even one billing period, or if any provision of the vehicle rental agreement is breached, the Lessor may terminate the vehicle rental agreement with immediate effect, without any further demand to the Renter and without setting an additional deadline for due performance of the agreement. In such a case, the Renter shall without delay return the rented car in accordance with paragraphs 1–4 above and settle accounts with the Lessor within one day of the date on which the statement terminating the agreement with immediate effect is delivered to the Renter in accordance with paragraph 11 below.
• The Lessor’s statement terminating the agreement with immediate effect shall be deemed effectively made and delivered on the day following the day on which it is sent to the Renter’s e-mail address stated in the opening part of the vehicle rental agreement.
• Failure to return the car within 24 hours of the end of the rental period, irrespective of the circumstances in which it ended, shall be treated as misappropriation of the car by the Renter (an unlawful infringement of the Lessor’s ownership rights). In such a case, the Lessor is entitled to take the vehicle back from the Renter immediately, and the Renter shall have no claim for protection of possession in this respect, and to charge the fee specified in § 9(10) of the Terms.
• Immediately after the vehicle covered by the vehicle rental agreement concluded with the Renter has been returned, or after the Lessor receives the insurer’s decision refusing to pay compensation, the Lessor reserves the right to charge the Renter, in particular, the following costs:
• costs related to missing car equipment, or
• costs related to damage caused by improper operation of the car or by negligence of the person using the car.
• While using the vehicle, the Renter shall:
• carry valid documents required for roadside inspections, as well as a copy of the rental agreement,
• protect the car against theft (lock the car and activate all anti-theft devices every time, keep the keys and the vehicle registration certificate outside the vehicle, and keep the removable radio panel outside the vehicle if the vehicle is fitted with one),
• carry out, on its own account, the maintenance of the rented item and running repairs, in particular perform, at its own cost and effort, the day-to-day servicing of the car (checking and topping up engine oil, coolant and other operating fluids, checking the condition of the tyres and the working of the indicator, dipped and main-beam lights),
• use in the cars only the type of fuel that matches the engine specification stated in the vehicle registration certificate and in the vehicle’s technical documentation,
• keep the car properly clean.
• The Renter is liable for missing parts and equipment, as well as for damage caused through its fault as a result of improper use of the vehicle (e.g. engine seizure due to lack of oil, engine overheating due to lack of coolant, etc.) and improper securing of the car, and for the loss of documents.
• If documents, keys or items of additional equipment (e.g. a compressor) are lost, the Renter shall be charged the cost of having them reissued or obtained again, plus a lump-sum compensation of 600 PLN.
• The Renter acknowledges that it must make the car available to the Lessor for a periodic inspection at a place and time agreed with the Lessor. If the car is made available for inspection at a higher odometer reading than recommended by the manufacturer, or is not made available at all, the Renter shall be charged the full cost of the inspection and shall compensate the Lessor for any loss incurred as a result of the Renter’s negligence (e.g. loss of the car’s warranty).
• The Renter is not authorised, without the Lessor’s consent, to commission repairs, modifications or inspections of the rented car. If the car breaks down during the rental period, the Renter shall notify the Lessor of this without delay and follow the Lessor’s instructions. Without the Lessor’s consent, it is prohibited to continue driving until the fault has been rectified. The Renter may repair the car on its own account only after obtaining the Lessor’s written consent. In that case, the Renter shall submit the invoices for the work performed, return the replaced parts and make a statement describing the circumstances in which the fault occurred.
• Once the Lessor has confirmed that a repair to which it consented was justified and that the Renter was not at fault for the cause of the breakdown, the Lessor shall reimburse all costs documented by invoices.
• The costs of damage resulting from improper operation of the vehicle shall be borne by the Renter.
• In the event of a break-in, theft or damage to the car as a result of a collision, road accident or any other interference with the car affecting, in particular, its value, the Renter shall immediately call the Police, secure the vehicle, obtain confirmation of the losses incurred and a statement from, and the details of, the person responsible for the collision concerning their fault and the number of the third-party liability (OC) insurance policy for their vehicle, together with a description of the place and course of the incident, if applicable, and shall notify the Lessor without delay, no later than 24 hours after the incident, and follow the instructions received from the Lessor. If the vehicle keys are lost, the Renter shall notify the Lessor without delay and take all necessary measures to protect the vehicle against theft.
• The Lessor is not liable for breaches of road traffic regulations or for fines imposed on the Renter while the Renter is using the vehicle.
• For any involvement of the Lessor arising, in particular, from the need to conduct any correspondence in connection with the conduct (act or omission) of the Renter, in particular disclosing the Renter’s data to the relevant law enforcement authorities in connection with a breach of road traffic regulations by the Renter, damage caused by the Renter, including damage caused to the rented vehicle by a third party, and in any other situation, the Lessor shall charge the Renter a one-off administrative fee of 600 PLN.
• In the event of a breakdown of the car, the Lessor shall provide the Renter with a replacement car, provided that it has a vehicle available, where possible of the same class, within 48 hours, solely within the territory of the Republic of Poland, on condition that the breakdown was not caused by the Renter. The Renter does not pay the rental fee for the period of waiting for the replacement car. Where possible, the replacement car should be of a standard corresponding to that of the rented car.
• The Lessor is not obliged to provide the Renter with a replacement car in the circumstances referred to in paragraph 1 above where:
• the car is immobilised due to the loss of the vehicle registration certificate, the proof of third-party liability (OC) insurance, the car keys or the number plates;
• the car was immobilised outside the territory of the Republic of Poland.
• The car has third-party liability insurance (OC) and Assistance. For an additional fee, at the Renter’s express request, the Lessor may take out additional insurance for the car, including CDW or LDW cover. The scope of the insurer’s liability is set out in the general terms and conditions of the insurance contract; in particular, the insurer is not liable for damage resulting from a collision or theft of the vehicle if the conduct of the Renter or of another driver of the car was contrary to the General Terms and Conditions of Vehicle Insurance, or in the circumstances listed in points a–j below; in such a case, the Renter is liable for the resulting damage in full and without limitation and shall remedy it in full, irrespective of whether it resulted from the Renter’s own conduct (act or omission) or from that of another person to whom the Renter handed over the car for use during the term of the vehicle rental agreement.
• intentional damage to the vehicle,
• damage caused while driving the vehicle while intoxicated, after consuming alcohol or under the influence of narcotic substances,
• damage caused while driving the vehicle without a valid driving licence,
• damage to the vehicle where the speed limit was exceeded by at least 20 km/h or where another breach of road traffic regulations was committed,
• where the driver fled the scene of the accident,
• damage caused when the vehicle was driven by a person not authorised by the Lessor,
• damage caused outside the territory of the Republic of Poland,
• theft of the car as a result of which the keys or the registration certificate of the stolen car were lost,
• a break-in as a result of which the radio and its panel were stolen,
• other special cases arising from the general terms and conditions of the insurance contracts and from the policies.
• If an incident occurs, in particular one covered by the insurance, the Renter shall inform the Lessor without delay and follow the Lessor’s instructions, in particular report the damage to the insurer and provide the insurer with the documents and information requested by the insurer.
• The Renter shall read the provisions of the policy, the general terms and conditions of the car insurance contracts and any amendments to them, and shall comply with the provisions contained in those terms, failing which the Renter shall be liable for any damage caused.
• In the event of motor damage covered by the car’s insurance (e.g. an OC or AC policy) purchased by the Lessor, the Renter shall compensate the Lessor for the damage resulting from the loss of the Lessor’s insurance discounts and for the related costs incurred by the Lessor.
• In the event of motor damage covered by the policy, the Renter shall pay an excess of:
• The Renter shall inform the Lessor of the need for a Green Card. The Lessor has the right to provide the Renter with a Green Card if it is possible to obtain one. The cost of obtaining a Green Card is borne by the Renter in each case.
• Missing vehicle registration certificate, insurance policy, number plate or registration sticker on the windscreen – 2,000 PLN
• Missing technical documents (Warranty or Service Book, Owner’s Manual) – 2,000 PLN
• Topping up missing fuel – cost of fuel +100%
• Removal of parts of the car’s equipment or other modifications or changes made without the Lessor’s consent – 2,000 PLN
• Missing parts of the car’s equipment not listed in the price list – charge according to the manufacturer’s price list + 100%
• Loss of the car’s warranty through the Renter’s fault – 10,000 PLN
• Allowing a person not authorised to drive the vehicle to use the car – 2,000 PLN
• Unauthorised removal of the car outside the borders of the Republic of Poland – 5,000 PLN
• Delay in returning the car – twice the daily rental rate for each day of delay
• Failure to return the car within 24 hours of the end of the rental period – 12,000 PLN
• Disclosure of the user’s (driver’s) data to law enforcement authorities (Police, Municipal Police) – 100 PLN
• Issuing a debit note for a fine or administrative charge related to a breach of road traffic regulations, parking charges or other penalties imposed during the rental period or during the period of actual possession of the vehicle by the Renter or by a person authorised by the Renter at the Renter’s sole risk and responsibility – 100 PLN for each note issued
• Issuing a written demand for payment, reminder or warning – 200 PLN
• Issuing a further demand for payment, reminder or warning – 600 PLN
• Cost of bodywork and paintwork, mechanical repairs (including upholstery cleaning) and of spare parts and equipment – cost of the service and/or parts +50%
• Charge in connection with an incident – the amount of the excess specified in the agreement
• Washing and cleaning the car – from 20 PLN to 500, PLN depending on the degree of soiling as determined by the Lessor
• In the event of a breach of § 3(5) of the Terms – 1,000 PLN for each breach (or damage in the case of smoking in the car), and payment of this fee does not deprive the Lessor of the right to demand that the Renter compensate for any damage resulting from that breach in excess of the fee. If changes or modifications are made to the rented car, the Lessor reserves the right to charge the Renter the costs of restoring it to its previous condition and to demand payment for the loss in value of the vehicle caused by such action.
• The Lessor declares that SEAPROJECT Sp. z o.o., with its registered office at ul. Krzywoustego 4, 81-035 Gdynia, is the controller of personal data within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons 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), hereinafter the GDPR, with regard to the personal data of the Renter or of persons representing the Renter.
• For all matters relating to the protection of personal data, you can contact us at the e-mail address: [email protected]
• The personal data referred to in paragraph 1 will be processed by the Ordering Party on the basis of Article 6(1)(b) GDPR solely for the purpose and to the extent necessary for the performance of the data controller’s tasks related to the performance of the vehicle rental agreement.
• The personal data referred to in paragraph 1 will not be transferred to third parties unless this is necessary under the vehicle rental agreement or for inspections carried out by authorised bodies.
• The personal data referred to in paragraph 1 will not be transferred to a third country or to an international organisation within the meaning of the GDPR.
• The personal data referred to in paragraph 1 will be processed for 10 years from the end of the calendar year in which the vehicle rental agreement is performed, unless a longer processing period is necessary, e.g. due to archiving obligations, the pursuit of claims or other requirements of generally applicable law.
• The persons referred to in paragraph 1 have the right to request from the data controller access to their personal data, rectification, erasure or restriction of processing, or to object to processing, as well as the right to data portability.
• In connection with the processing of their personal data, the persons referred to in paragraph 1 have the right to lodge a complaint with the supervisory authority, the President of the Personal Data Protection Office (PUODO).
• Provision of personal data by the Renter was required in order to conclude the vehicle rental agreement. A request for erasure or restriction of processing may result in termination of the vehicle rental agreement.
• The Lessor will not make automated decisions, including decisions resulting from profiling within the meaning of the GDPR, on the basis of the personal data referred to in paragraph 1.
• The Renter shall inform the persons referred to in paragraph 1 of the content of this section.
• Any amendments or supplements to these General Car Rental Terms and Conditions shall be made in writing, otherwise they shall be null and void.
• Matters not governed by the provisions of the vehicle rental agreement are subject to the relevant provisions of the Polish Civil Code.
• Should any provision of the vehicle rental agreement or of these General Car Rental Terms and Conditions be held invalid, the agreement or these general terms and conditions shall remain in force in all other respects (severability clause).
• The court competent to settle disputes arising from the vehicle rental agreement is the District Court for Gdańsk-Północ in Gdańsk (Sąd Rejonowy Gdańsk-Północ w Gdańsku).
• The vehicle rental agreement is governed by Polish law.