The lessor: Probus Sp. z o. o. in the Rental Agreement and these General Rental Conditions called Probus.
Lessee: private individual / company, as defined in the lease agreement and these general terms and conditions of lease to the Customer.
Probus rents a car to the customer with additional equipment for use, as specified in the Rental Agreement, hereinafter referred to as the car. By signing the agreement, the customer declares that he accepts the following General Rental Conditions and accepts personal responsibility for the car and responsibility for all persons to whom the car will be entrusted.
§1. Rental and return of the car
- Probus rents a technically efficient car to the Customer. Any remarks concerning the condition of the vehicle or damage must be reported to the Probus employee at the time of pick-up.
- The Customer is obliged to return the car in the condition in which he or she rented it, including a set of tyres, car documents and equipment, to the rental point where he or she rented the car or at the place indicated in the Rental Agreement and, at the latest, within the deadline specified in the Rental Agreement.
- Any extension of the rental must be notified to a Probus representative no later than on the date specified in the Rental Agreement.
§2. Car insurance and equipment
- The Probus car used by the Customer shall be covered by a third party liability insurance in accordance with the general terms and conditions of insurance in force in Poland.
- The car is equipped with basic accessories such as: FIRE EXTINGUISHER, FIRST AID KIT, VEST, WARNING TRIANGLE. For the loss of any of the above mentioned accessories the lessee is charged 50 PLN.
§3. Obligations of the Lessee/Customer
- The Lessee undertakes to:
- It is forbidden to leave the vehicle without proper protection and in particular not to leave keys or documents in the vehicle:
- in case of theft of the vehicle with documents and/or keys, the Lessee bears full responsibility for the damage incurred,
- in the event that the vehicle is returned without the key and a set of documents (registration certificate, civil liability insurance), the lessee will be charged the costs of 800 PLN + VAT for lost keys and 600 PLN + VAT for lost documents,
- The Lessee bears full responsibility for damages caused by his fault caused by the use of the car. In the case of damages resulting from the fault of the Lessee for which the insurer will not reimburse us for the repair costs, the Lessee is responsible for the costs of repairing the car.
- The Lessor shall not be liable for any violation by the Lessee or a third party to whom the vehicle has been sold of road traffic regulations and other applicable regulations.
- If the subject vehicle undergoes an event resulting in damage impossible to remove by repair (total damage), or is stolen, or the insurer refuses to pay the full amount of compensation for any reason, the payment of the difference shall be borne by the Lessee.
- the proper use of the vehicle
- perform current technical inspections and repairs only and exclusively through the intermediary of the Lessor
- not to remove or destroy the manufacturer's serial numbers and statutory plates on the vehicle
- make no alterations, install additional installations without the written consent of the Lessor
- immediately notify the lessor of any incident that occurs (accident, collision, theft) in which the vehicle is involved.
- comply with the laws of the country in which he uses the vehicle
- not to exceed the daily daily limit of 300 km per day
- to pay any fines or other penalties resulting from the infringement
- not to push or tow another vehicle or trailer by car
- not to bring into or export out of the Polish customs territory goods prohibited by customs regulations
- not to take part in competitions or races by car
- not to use the car for driving on roads or unpaved terrain
- not to carry by car materials that could cause corrosion, destruction, damage or contamination of any parts of the car
- not to use the vehicle for purposes other than those for which it was intended
2. The Lessee undertakes to hold a valid driving licence (authorizations), which is valid in the territory of the countries in which the Lessee will drive the rented vehicle, and the validity date of the authorizations will not expire during the entire rental period.
3. A third party may drive a car provided that he meets the requirements of paragraph 2 above, with the presentation of a document, and provided that he is indicated by the Client to a Probus representative on the day of signing the Rental Agreement or 1 day before enabling the third party to drive a car rented from Probus, and the Probus representative does not immediately object.
4. The customer shall be fully liable for any breach or noncompliance with the General Rental and Rental Conditions by the third party indicated in accordance with the provisions of paragraph 3 above to drive the car or any other person to whom he has entrusted the vehicle.
§4. Probus entitlements
- Probus reserves the right to immediately pick up the car if the customer does not observe any of the provisions of the Rental Agreement and the General Rental Conditions, in particular does not return the car on the return date and to charge the costs associated with the pick-up and damage, in accordance with the terms of the Rental Agreement.
- In the event of an attempt to travel abroad to countries outside the European Union or in the event of any other breach of the terms and conditions of the rental agreement, Probus shall be entitled to charge the customer up to 5 times the value of the customer's own contribution according to the price list of Probus.
- In the case of agreed deferred payment, the customer is obliged to make payment within 14 days of the invoice date.
- The Customer receives a fully fueled car and should return it with such amount of fuel, otherwise the Customer will be charged on the invoice for the refuelling service (refuelling) according to the Probus price list.
- Probus may require the Customer to pay an advance payment for the expected rental expenses on the day of signing the Rental Agreement.
- If the Lessee returns a vehicle that is dirty and requires specialist washing and cleaning, the Lessor reserves the right to charge the Lessee with the amount of PLN 100 (one hundred) to PLN 500 (five hundred), depending on the type of dirty surface.
- The parties agree that the payment for motorways during the rental period of the vehicle by the customer shall be borne by the Lessor. In the case of an earlier return of the vehicle than the expiry date of the toll, the customer undertakes to return the difference between the expiry date of the toll and the rental period.
§6. The Customer's liability in case of damage or theft of a car
In the event of a road accident / collision, the Customer shall be obliged to do so:
- To protect the vehicle against further damage
- Obtain an appropriate statement with all the details of the accident participants and witnesses and their signatures
- Do not leave the vehicle unattended or unsecured
- Inform the police immediately if it is necessary to prove the guilt of the other party and, if injured, call an ambulance immediately in addition to this.
- Fill in a report form for each collision/accident and send it to the Probus office within 24 hours
- In the event of theft, please inform the police and Probus immediately.
- In case of damage to the car during the rental, the customer is personally responsible for the damage caused to the car up to the amount of 2000 PLN.
§7. Vehicle security
If the vehicle is not used by the Customer, the Customer should protect it against possible damage and theft by using all the devices installed for this purpose and leaving the vehicle in guarded parking lots and not leaving any documents in the vehicle.
§8. Probus liability
Probus is not liable for damage caused by a factory defect in the rental vehicle.
The Customer may not make any repairs to the car, except in the event of an event preventing further driving. In such a case, the Customer shall immediately notify the Probus representative of the situation by phone. The Probus representative shall immediately inform the Customer of any further steps (e.g. whether another car will be delivered to the Customer, whether he should return it to the workshop and, if so, which one).
§10. Termination of the Rental Agreement
Probus is entitled to terminate the Rental Agreement with immediate effect in the event of a breach of contract:
- Any delay in payment.
- If the customer uses the car contrary to the Rental Agreement or its intended use.
In the event of failure to pay on time, Probus shall be entitled to charge interest for each day of delay and to charge the costs of the proceedings. Interest shall be calculated at the current statutory interest rate.
§12. Mandates / Administrative Fee
If a mandate is imposed by the competent authorities for an offence committed during the rental period, Probus shall charge an administration fee of PLN 120.00 net, which the Client undertakes to pay. At the same time, the Client agrees to transfer his personal data to the authority imposing the fine in order to enforce the payment.
§13. Probus cars are strictly forbidden to smoke tobacco products.
The fee for smoking tobacco in a car is 400 PLN. Possible other costs related to damage caused by smoking will be considered individually.
§14. Additional charges (price list)
|Hire of GPS TOM TOM navigation (for the whole trip)||PLN 30,00|
|Surcharge for a foreign trip (for the whole trip)||PLN 50,00|
|Car substitution to the indicated address (counted in two directions)||PLN 2,00 /km|
|Return of the car to the indicated address (counted in two directions)||PLN 2,00 /km|
|Notification of the second driver (for the entire journey)||PLN 5,00|
§15. Amendment of the agreement
Any amendments to the Rental Agreement and these General Rental Conditions must be made in writing under pain of nullity.
All disputes arising in connection with the performance of the General Rental Conditions and the Rental Agreement shall be submitted by the Parties to the competent court for decision.
§17. Final Provisions
- If the Lessee uses the vehicle in a manner contrary to the agreement or contrary to its properties and intended use, the Lessor may demand the return of the vehicle even before the end of the term of the agreement. In such a situation, the Lessor is entitled to charge the Lessee with an additional contractual penalty of 2000 PLN + VAT (two thousand PLN + VAT), and the full value of the contract.
- Any changes to the agreement must be made in writing under pain of nullity.
- The agreement has been drawn up in two identical copies, one for each of the parties.
- The court competent to hear any disputes arising from this agreement is the court competent for the seat of the Lessor.
- The Lessee declares that he has familiarized himself with the contents of the agreement and accepts its provisions in full.
- The Tenant has been presented with the scope of the Policy AC insurance and has read the terms and conditions.
- The Lessee agrees to the provision of personal data and contact details by the Lessor to authorized authorities in the event that the Lessor is requested to do so.
- The Lessee declares that he agrees to issue a VAT invoice without the requirement to sign it.