General Terms and Conditions

GENERAL PROVISIONS

1.These regulations (hereinafter referred to as “the Regulations”) set out the detailed terms and conditions of car lease agreements concluded by Emotis Sp. z o.o. with its registered office in Warsaw (02-247), ul. Flisa 4, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register under the KRS number 0000691114, NIP (tax identification number) 7743235856, with the share capital in the amount of PLN 1 100,000. The Regulations shall apply to all lease agreements concluded from January, 01st 2018, unless the lease agreement provides otherwise. In case of a conflict between a lease agreement and the Regulations, the parties are bound by the lease agreement.

2. The Lessee of the car may be:

a) a natural person who meets all the following conditions:

i) is at least 21 years old,

ii) has a valid ID card / passport and driving license.

iii) provide the Lessor with a credit card with a validity period longer than 3 months from the end of the car rental period,

b) a legal person (or an organizational unit referred to in the Article 331 of the Civil Code) whose representative concludes a lease agreement on behalf of that person:

i) present proof of its authorization to conclude a lease agreement (eg. power of attorney), if such authorization does not result from the Register of Entrepreneurs,

ii) present a valid ID card/passport and driving license of the person indicated as authorized to drive the vehicle.
Only persons mentioned in the contract (hereinafter referred to as "the User") are authorized to drive the vehicle.

3. The Lessee who is a consumer agrees to the Lessor seeking information regarding the payment credibility of the Lessee in business information bureaus acting on the basis of the provisions of the Act of April, 9th 2010 on sharing business information and exchanging economic data. The Lessor reserves the right to refuse to enter into a lease agreement if before the conclusion of a lease agreement an economic information office provides the Lessor with negative information regarding the payment credibility of the Lessee or immediate termination of a lease agreement if such information is made available to the Lessor after the conclusion of a lease agreement.

4. The Lessee accepts the responsibility for the rented car, including for the User's actions and omissions, from picking up the car from the Lessor until the car is returned by the Lessee, based on the delivery and acceptance protocol signed by the Lessor and the Lessee.

CONSLUSION OF THE AGREEMENT BY THE ELECTRONIC MEANS

5. The Lessee can get acquainted with the Regulations at www.emotis.pl free of charge. The Lessee can place an order for car rental electronically at: www.emotis.pl.

6. In order to use the IT system of the Lessor it is necessary to meet the following technical requirements: a device with a web browser, access to the Internet. The Lessor declares that he applies the following technical measures to prevent the unauthorized persons from obtaining and modifying the Lessee's personal data sent electronically:

i) securing the data set against unauthorized access, including the SSL certificate,

ii) access to the Account only after providing an individual login and password.

7. The Lessee may not enter content into the Lessor's IT system, which is unlawful or is contrary to public morality, and also use it in an anonymous manner.

8. The Lessor confirms to the Lessee placing the order and its essential provisions by sending an e-mail to the indicated e-mail address. Confirmation of the order does not mean confirmation of the reservation or conclusion of the rental agreement. Confirmation of the reservation and conclusion of the lease agreement takes place by sending an email or by phone to the Lessee's number.

9. Conclusion of the lease agreement will be confirmed by signing the lease agreement by the representative of the Lessor and the Lessee.

10. The Lessee may withdraw from the concluded car rental agreement for payment of a fee in the amount of the daily rate from the accepted offer within 3 days before the date of delivery of the car.

CONCLUSION OF THE AGREEMENT AWAYS BUSINESS PREMISES OF LESSOR


11. The Lessee can place an order for car rental by sending an e-mail to […] by calling in on […].

12. A telephone conversation between the Lessee and the Lessor's employee can be recorded, as the Lessee will be forewarned about.

13. Confirmation of the reservation and conclusion of the lease agreement takes place by sending an email or by phone to the Lessee's number.

14. Conclusion of the lease agreement will be confirmed by signing the lease agreement by the representative of the Lessor and the Lessee.

15. The Lessee may withdraw from the concluded car rental agreement for payment of a fee in the amount of the daily rate from the accepted offer within 3 days before the date of delivery of the car.

RULES FOR USING VEHICLES

16. The Lessor is obliged to provide the Lessee with a car that is free from defects that affect the usability of the car. The Lessor is not responsible for mechanical damage to the car's elements, resulting from the Lessee's failure to fulfill his obligations resulting from the contract or legal provisions. 


17. The Lessee rents a car for period of time specified in the lease agreement. The rental period begins and ends in accordance with the dates specified in the contract, in the event of non-compliance of the above dates with the delivery-acceptance protocol, the date of actual receipt indicated in the delivery-acceptance protocol is considered the duration of the lease.

18. During the usage of the car, the User is obliged to:

a) have at hand valid documents required by road traffic control (driving license that is valid and accepted in the EU, registration document, liability insurance, document confirming the rental of the car);

b) protect car and equipment against theft (locking the car every time, careful protection of documents and keys outside the vehicle, as well as leaving the vehicle at the permitted place).

c) carry out daily car service at his own costs and efforts (checking and topping up engine oil, coolant, brake fluid, windscreen washer fluid, checking tire condition and pressure, as well as proper operation of lights).

d) use the correct type of fuel in the car in accordance with the engine specification, given in the registration certificate under the heading P3.

e) maintaining the rented car clean, as well as the use of the vehicle in accordance with the proper operation rules and operating instructions made available on the Internet pages of manufacturer.

19. The Lessee is obliged to keep all of the Lessor’s business signs on the rented car. Removal or obscuring the Lessor's business signs is possible only after obtaining the prior consent of the Lessor. The consent referred to in this paragraph may be granted in writing or by e-mail sent from kontakt@emotis.pl.

20. During the lease agreement, it is prohibited to:

a) tow another vehicles by a rented car;

b) exceed the permissible load capacity of the car;

c) smoke tobacco and electronic cigarettes in the car;

d) make changes in a rented car without prior consent of the Lessor;

e) transport animals.

21. Movement of the rented car outside the Republic of Poland is permitted subject to the prior consent of the Lessor, and the payment of an additional fee in accordance with the price list of the Lessor. The Lessor has the right to check the location of the rented car (via GPS).

22. The Lessee pays all fines, penalties, parking fees and fees for entry to the cities during the rental period and irrevocably authorizes to provide Lessee’s and User’s personal data to all judicial and public authorities with a copy of the lease agreement. Handling of any inquiries from the public administration is associated with an additional fee specified in the price list of the Lessor (paragraph 39.).

23. The Lessee undertakes to make the car available every time at the Lessor's request for a periodic inspection. It is the Lessee's responsibility to respect the indications displayed by the car's system and to inform the Lessor about them immediately.

24. The Lessor is entitled to demand the replacement of a car that is the subject of a lease agreement for another car of the same class or higher in the justified cases. The Lessor is obliged to inform the Lessee about the need to change the car with 3 days' notice. The Lessee is obliged to appear at the agreed time at the place of return of the car. The replacement of the car that is the subject of the lease will be confirmed by the parties with the annex to the lease agreement.

CHARGES


25. The rent is calculated daily (24 hours). The delay in returning the car up to 59 minutes does not result in charging for the next day.

26. The rent is charged in advance according to the rate on the date of the lease agreement.

27. In the event of delay in payment for the rent for minimum two days, the Lessor may terminate the lease agreement without notifying the Lessee, reserving the right to charge the Lessee with statutory interest and additional charges specified in the price list.

28. The Lessee acknowledges that the car has an installed device preventing the engine from starting. In the case of absence of timely payment for the rent or other charges resulting from the contract, the Lessor, after unsuccessful call the Lessee with demand for payment, is entitled to block the vehicle. The Lessor will start the vehicle immediately after the due payment is booked. For the period of immobilisation of the vehicle, the Lessor retains the right to the rent.

29. If another entity is obliged to pay the rent on the basis of other contract than the lease agreement (insurance company, operator assistance or other), and despite the expiration of the lease the Lessee does not return a car, the obligation to pay the rent for every additional day over the lease period agreed upon by the entity and the Lessor, passes to the Lessee. The Lessor will immediately notify the Lessee of the non-authorization of further rental period by the entity, requesting the Lessee to return the car immediately.

30. Extension of the rental period beyond the authorization period or the period specified in the lease agreement is possible after submitting a statement by phone at number or in electronic form to kontakt@emotis.pl regarding extending the lease period and obtaining confirmation (along with the daily rate for lease) by e-mail from the Lessor. In such case the Lessee is obliged to pay in advance the amount due for every additional day of rent, and the lease agreement is extended only for a period paid in advance by the Lessee. In case of lack of such fee, the lease agreement is expired within the end of the last day of rent paid by the Lessee.

31. Failure to submit a statement by the Lessee and obtain the Lessor's consent specified in the paragraph 24. and keeping the car after the expiration of rental period constitutes a non-contractual use of a car. The fee for non-contractual use of the car is PLN 1,000 for every commenced day .

32. Fees resulting from the lease agreement (including rental fee) are charged in advance, in PLN (Polish Zloty), or at the Lessee's request in another currency, converted by the First Data Polska S.A. payment system according to the DCC exchange rate (Dynamic Currency Conversion) in force on the day of payment.

33. In the case of making a payment in the form of a bank transfer, the date of payment is the date of booking funds on the Lessor's bank account.

34. The deposit for securing the Lessor's claims against the Lessee under the lease agreement is specified in the contract, and its amount depends on the vehicle class.

35. All prices listed in the Regulations, lease agreement and on the website www. emotis.pl are gross prices, unless otherwise stated in the lease agreement or framework agreement. In the event of discrepancies, the rental rates indicated in the lease agreement shall apply.

RETURN OR REPLACEMENT OF VEHICLES

36. The Lessee, after ending the lease, is obliged to return the car in place specified in the lease agreement. The return of the vehicle in a different location may take place after agreement with the Lessor regarding the time and place of return and the fee payable to the Lessor in connection with such a return. In the event of a delay in the return of the car without the consent of the Lessor, the Lessor is authorized to collect the car from any place and to charge the Lessee with full costs associated with delayed collection of the car.

37. The Lessee receives the vehicle, which is clean externally and technically efficient, in accordance with the delivery-release protocol and undertakes to return the car undamaged beyond the normal wear and tear resulting from proper use. Possible damages or dirt will be removed at the expense of the Lessee.

38. The return of the car, keys and documents can take place only at the Lessor’s office in the location indicated in the lease agreement and for the authorized representative of the Lessor. It is forbidden to transfer car keys and car documents to unauthorized persons. The return of the car should be confirmed by a receipt report signed by the representative of the Lessor and the Lessee/User. If the Lessor/User avoids taking part in car pickup or signing the pickup protocol or is absent in the agreed place and date of returning the car, the Lessor may collect the car by unliteral signing the release protocol.

39. The Lessee is obliged to return the car with the same amount of fuel that he received when he collected the car. In the event of a breach of the above-mentioned obligation, the Lessor shall charge the Lessee with the costs of refueling and the additional fee indicated in the price list.

CAR INSURANCE AND LESSEE’S RESPONSIBILITY

40. In the event of damage to the car, accident, theft of the car, damage to the car as a result of burglary or other prohibited act, the Lessee is obliged to immediately report this fact to the Lessor (+48 585 588 111 or szkody@emotis.pl) and to the nearest police station. The Lessee is obliged to obtain and present the Lessor with a certificate from the police regarding the notification. Any damage not reported to the police will be liquidated at the sole expense of the Lessee, unless the Lessor agrees (by e-mail or in writing) to waive the obligation to report that fact to the police. The Lessee who is a consumer within the meaning of article 221 of the Civil code bears liability (contractual) for damages for non-performance or improper performance of the lease contract in the scope regarding the obligation to return the car to the Lessor in a non-deteriorated condition.

41. The car has OC and AC insurance limiting the liability (subject to the provisions of these Regulations) to the Lessee and the User from liability in the event of a collision and theft, with the exception of:

a) deliberate damage to the car;

b) damage when driving in the state of intoxication, after the consumption of drugs or psychotropic substances and/or without a valid driving license in the EU;

c) damage caused by unauthorized persons to driva a car in accordance with the lease agreement or the Regulations,

d) total damage settled against the AC policy and theft of the car - the Lessee will be charged with the administrative fee for the damage in connection with the event in the amount specified in the agreement;

e) leave the car outside the Republic of Poland without the consent of the Lessor;

f) failure to fulfill the obligations required by the insurer, resulting in the refusal to pay compensation, in particular the non-securing of the right to recourse in the case of damage caused by a third party;

g) if the driver has escaped from the scene of the accident;

h) damage or loss of tires, rims and hubcaps, keys and documents;

i) other special cases arising from the general terms and conditions of insurance contracts or policies;

j) exceeding the permissible speed or carrying capacity, or other violation of road traffic regulations, in force at the place of collision or traffic accident;

k) participation in competitions, rallies, races, shows and other such events;

l) using inaccurate data or documents in order to rent a car.

42. The Lessee is obliged to familiarize himself with the provisions of the policy, the general terms and conditions of car insurance contracts and to comply with the provisions, in the case of sharing the car - in addition to familiarizing the User with the obligations arising from the above documents - under the pain of repairing the damage. The content of the current general conditions of the insurance contract is available on www.emotis.pl. In addition, at the request of the Lessee, the content of the current general terms and conditions of the insurance contract is made available to the Lessee before the conclusion of the lease agreement. After the conclusion of the contract, the Lessee may become acquainted with the current general terms and conditions of the insurance contract in every Lessor's office.

43. The repair of damage resulting from the obligation to return the vehicle in a non-deteriorated condition occurs by paying the contractual penalty specified in point 50 of the Regulations or the equivalent of the own contribution in the damage, specified in the lease agreement (in terms of damage covered by insurance). The Lessee must prove that a breach of the lease agreement and the Regulations results from reasons for which the Lessee or User is not responsible. This evidence may include: a written statement of the offender or an official police note from the place where the event happened with the circumstances described in details, or documentation of the pre-trial investigation in the case of theft or other crimes.

44. The Lessor is responsible for the lack of parts and equipment as well as the damage caused by him due to improper use and securing the car and loss of documents. Regardless of the circumstances, in the event of loss of keys of the car, vehicle registration certificate, registration plate by the Lessee, it will be charged with the fee indicated in the price list.

45. In the event of damage, collision with the third party, the Lessor does not bear the costs related to the failure to use the rental period and other costs. The Lessee is not charged with any costs, however, he is obliged to cooperate with the insurance company in necessary extent to liquidate the damage, in particular to provide a written description of the incident, a copy of the document authorizing to drive the car and identity document. In the event of theft of the car, the Lessee is also obliged to return the keys and documents to the Lessor without any delay. In the absence of a damage report, along with full documentation required by the insurance company, may be charged with the costs of damage liquidation.

46. Immediately after returning or exchanging the car used by the Lessee or after receiving the Insurer's decision on the refusal to pay compensation, the Lessor reserves the right to charge the Lessee with the following costs:

a) defects in the equipment of the car or its parts described in the car delivery-release protocol and compensation for excessive car use inside or outside;

b) damage caused by improper use of the car or negligence of the Lessee, and not resulting from the risks covered by the insurance policy (eg. damaged mirrors, broken headlights, minor damage to the car body elements);

c) actual damages, not reported when they occurred;

d) the liquidation of other damage and the costs of restoring the vehicle to a condition equivalent to normal use;

e) compensation for the loss of value of the vehicle as a result of an accident if the cause of the accident was at fault or partly due to the Lessee, the User or the passenger of the vehicle.

47. The Lessee may reduce the scope of liability due to the lease agreement by paying in advance the fee specified in the lease agreement.
The fee covers only one communication damage and does not apply to damages incurred in the event of violation of paragraph 20, 40, 41, 44 and 46 of these Regulations.

48. Notwithstanding the provisions of paragraph 32 of these Regulations, in the case of damage arising during the rental period and unsettled to the OC (liability) policy of the perpetrator, the Lessee will be additionally charged with an administrative fee for handling the damage specified in the price list.

49. In the event of a car breakdown, the Lessee is obliged to notify the Lessor of this fact. Unless otherwise agreed in the contract, the Lessor shall not be liable for damage suffered by the Lessee as a result of a car breakdown, damage to the car or an accident, unless the damage was caused by the Lessor by intentional fault. The Lessor will attempt to repair the car, and in the event of immobilization of the rented car for a period longer than 24 hours, will provide a replacement car if possible. A replacement car should, if possible, have a standard corresponding to the standard of the rented car. Providing a replacement car will not take place if:

a) the occurrence of one of the events: the loss of the registration certificate, insurance, car keys, array (s) s registration various (above);

b) immobilization of the vehicle outside the territory of the Republic of Poland;

c) damage to the car due to the Lessor’s or User’s fault, as well as the Lessor's or the User's co-responsibility;

d) parking damage and vandalism, unless they prevent the use of a car, and the Lessor is not responsible for their occurance; e) puncture of the tire.

PRICE LIST OF ADDITIONAL FEES AND PENALTIES

50. The Lessee is obliged to bear fees / penalties specified in the table below and for the events marked with the "*" symbol - additionally the actual costs indicated by the Lessor:

No. Event/td> PLN
1 lack of registration certificate, registration plate or registration sticker on the glass 1000
2 loss of the guarantee due to the Lessee or User 1000
3 breach of the ban on smoking, using electronic cigarettes, drinking alcohol, using drugs in the car 1000
4 breach of the ban on transporting animals 500
5 towing other vehicles by rented car 1000
6 providing the vehicle to an unauthorized person to drive 1000
7 unauthorized movement of the vehicle outside the Republic of Poland 2000
8 delay in returning the car 1000
9 the damage arose during the lease and unsettled into the OC (liability) policy of the perpetrator* 1000
10 damage or loss of the car key / remote control 300
11 returning the car with unstable spots on the seats, upholstery or trunk 500
12 refueling the car with the wrong type of fuel* 300
13 disassembly, replacement of a part of a car or making a modification without the consent of the Lessor* 2000
14 damage or loss of one wheel 150
15 damage to one aluminum rim* 200
16 damage to one steel rim* 200
17 losing a parking ticket issued by the parking operator 100
18 early termination of the lease agreement * *30% of the amount due for the unused period of the lease **
19 handling a traffic ticket from outside the Republic of Poland** 100
20 handling a traffic ticket from the territory of the Republic of Poland 100
21 making a repair cost estimation at the Lessee's request 350

COMPLAINTS

51. Complaints should be sent by mail to the address of the Lessor's office indicated in paragraph 1 or by e-mail to: kontakt@emotis.pl.

52. Complaints will be considered within 30 days from the day when the Lessor receives the complaint application. The period of delivery of correspondence by the postal operator or e-mail service do not count for the time limits for considering the complaint.

53. The Lessee will be informed about the way of considering the complaint (1) electronically, by sending an email to the email address indicated by the Lessee - if the complaint was received by email or (2) by mail to the postal address indicated by the Lessee - if the complaint was received by post.

FINAL PROVISIONS

54. The Lessee declares that he has been informed that the sharing of personal data is necessary for the conclusion and performance of the car lease agreement, and the personal data will be processed for the purpose of the contract and for marketing purposes related to the promotion of Emotis Sp. z o. o. The Lessee has the right to access his data and the right to correct them.

55. The parties undertake to notify immediately about changing the correspondence address, under pain of of recognition for being served statements and letters addressed to the current correspondence address.

56. The Lessee declares that he has read these Regulations and,

a) the data provided by him is in accordance with the actual state;

b) has full legal capacity;

c) has the required authorization to drive the vehicle, and in particular that he is not deprived of the right to drive a vehicle by virtue of a court judgment or a competent authority;

d) no proceedings are pending against him that could lead to the deprivation of his license to drive a vehicle.