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General Terms and Conditions - Future Car Transport FCT24.pl

§ 1. INTRODUCTION

1. These regulations constitute an integral part of the automotive vehicle rental agreement.

2. The regulations apply to all vehicle rental agreements concluded by FCT24.pl, unless the agreement provides otherwise.

3. The Parties declare that the vehicle is technically efficient and free from any technical defects, and that it has no visible damage, except for that described in the agreement. The Lessee confirms that they are aware of the technical condition of the car, they do not raise any objections in this regard, and that the car is suitable for the agreed use.

4. The Lessee declares that they have valid licenses to drive the vehicle rented in accordance with the signed agreement.

§ 2. DICTIONARY

The terms used in the General Terms and Conditions have the following meanings:

1. Lessor - a branch of FCT24, offering passenger car rental.

2. Lessee - a natural person, an entrepreneur or a person acting on behalf of a legal person or a non-corporate entity on the basis of a document proving their authorisation, who signs the car rental agreement.

3. Lease agreement - an agreement concluded between the Lessor and the Lessee, the subject of which is a passenger car selected by the Lessee from the Lessor’s offer posted on the website.

4. Car - a passenger car included in the Lessor’s current offer posted on the website, which is the subject of the rental agreement.

5. Rental day - a period of 24 hours counted from the hour of releasing the car to the Lessee.

6. Driver - another person indicated by the Lessee as authorised to use the rented car, having the license to drive a passenger car.

1. The information on the website regarding the make and method of car rental are an integral part of the General Terms and Conditions of the Agreement.

§ 3. GENERAL REQUIREMENTS

1. The Lessee or the Driver should be at least 18 years old, except for premium cars, sports cars and D or D+ cars, for which the driver must be at least 24 years old.

2. Documents necessary to conclude a rental agreement:

   1. driving license,

   2. ID card or passport,

3. Additionally, in the case of entities conducting business activity:

   1. current entry in the central register of business activity or the National Court Register,

   2. the person signing the lease agreement should be the owner of the business or their employee having an authorisation document, or a person representing a legal person on the basis of a document proving their authorisation.

4. If the rented car is to be driven by a person other than the person signing the rental agreement, the Lessee is obliged to provide this information to the Lessor before signing. The Lessee is then responsible for the actions or omissions of such a person as for their own. If the Lessee intends to cross the border of the Republic of Poland with the rented car, this circumstance is included in the agreement.

5. Apart from the Lessee, another natural person indicated by the Lessee may be also authorised to use the car. In this case, before signing the rental agreement, the Lessee is obliged to provide the Driver’s personal data - first name, last name, address. The Driver is also obliged to present their identity card or passport, as well as driving license and a relevant authorisation issued by the Lessee.

§ 4. OBLIGATIONS OF THE LESSEE AND THE LESSOR

The Lessee is obliged to use the vehicle in accordance with its intended use and principles of use, with due care for its technical condition, and to return it in an unchanged condition.

1. While using the vehicle, the driver is obliged to:

1. use the car as intended and in the manner specified in the agreement

2. have all the important documents on them: driving license, registration certificate, third party liability policy, car rental agreement, as well as a medical certificate - if required, and comply with road traffic rules

3. secure the vehicle against theft (lock and switch on all security devices), not leave the vehicle documents inside the car and not leave the keys unattended

4. use the appropriate type of fuel in accordance with the engine specification, as indicated in the registration certificate (Diesel, Ethyl gasoline or Gas)

5. perform daily car maintenance at their own expense and effort, including checking and refilling engine oil, engine coolant, brake fluid, washer fluid, checking and refilling tire pressure. Operating fluids used for refilling should meet the requirements for a given vehicle.

6. check the condition of the tires and the operation of all signal lights, keep the car clean

7. comply with the rules regarding the transport of passengers (e.g. children), the number of passengers and the load of the vehicle - in accordance with the road traffic law, taking into account the make and type of the vehicle

8. immediately report matters relating to the vehicle to the Lessor, in particular theft, damage, accidents, breakdowns, etc.

2. It is forbidden to:

1. tow other vehicles with the rented car

2. take part in any rallies or car races

3. transport any animals without the consent of FCT24.pl

4. exceed the permissible load capacity of the vehicle

5. make any modifications to the rented car without the consent of FCT24.pl

6. smoke tobacco products

7. eat and drink inside the vehicle

8. drive the vehicle after the consumption of alcohol or drugs

9. use the vehicle to transport people or goods against payment

10. sublet or share the vehicle with third parties

3. The Lessee shall make the vehicle available to the Lessor for periodic inspection or tire replacement at the place and time indicated by the Lessor.

4. The Lessee is responsible for the actions of any person, including the driver, who has been allowed to drive the rented vehicle, as for their own actions.

5. The Lessee bears full financial responsibility for any penalty tickets received (from the Police, the Municipal Police, etc.) and other unpaid fees received after the date of returning the vehicle to FCT24.pl, regarding the period of car rental by the Lessee in connection with the use of the car.

6. The Lessor will provide the Lessee with a replacement car should the car be immobilised due to circumstances for which the Lessee is not responsible and if the Lessee immediately informs the Lessor about the incident. In the event of damage, destruction or theft of the car, the Lessor will provide the Lessee with a replacement car, provided that the incident results from circumstances for which the Lessee is not responsible and that the Lessee informs the Lessor about the incident.

7. For the period of waiting for a replacement car, the Lessee is not charged with any rent. The rent for using a replacement car is determined according to the rate specified for a given make and type of vehicle.

8. The Lessee is not entitled to a replacement car in the following cases:

   1. loss of the registration certificate,

   2. loss of the insurance document,

   3. loss of the car keys,

   4. damage to the car due to the fault of the Lessee or the Driver.

§ 5 PAYMENTS

1. The rent is charged per day, i.e. 24 hours (counted from the time the car was rented to the same time on the day of returning the car), and confirmed by a receipt or invoice.

2. The current VAT rate must be added to the rental prices.

3. There is no mileage limit for FCT24.pl’s passenger cars (except delivery vans and passenger vans), except for long-term agreements.

4. The Lessee shall bear all costs of the day-to-day operation of the vehicle.

5. The returnable deposit and the rent are charged in advance in accordance with the price list applicable on the date of signing the agreement. For long-term agreements (over 1 month), the rent may be payable on a monthly basis.

6. In the absence of timely payment of the rent for a minimum of one day of rental, the Lessor may terminate the agreement with immediate effect, without any additional request for payment and without setting an additional payment date, as well as impose a penalty according to the price list for non-contractual use of the car and collect the car with the assistance of the police.

7. The amounts of the rent, deposit and other additional fees are included in the car rental agreement. The amounts of other fees are given in the price list attached to these regulations and the rental agreement.

8. The Lessee is responsible for any damages caused by persons to whom they made the vehicle available.

9. For each ticket received, we charge a fee of PLN 100.00 net for providing information about the vehicle user to the law enforcement authority.

10. The waiver of deductible covers sheet metal and paint damage but does not cover mechanical or other damage caused by the Lessor’s fault.

11. In the case of long-term rental, the waiver of deductible is charged each month in the net amount of PLN 500.00 net.

12. The Lessee may pay the fees and all other costs by bank transfer to the indicated account or directly at the Lessor’s cash desk.

§ 6. CAR DELIVERY AND RETURN

1. When making a reservation (regardless of the method - online, by telephone, or in person), the Lessee specifies the type and make of a vehicle available in the Lessor’s offer, which is the subject of the agreement, and the duration of the agreement. Vehicle type, make and designation and the duration will be specified in the rental agreement in detail.

2. The Lessee will be provided with a clean, fully refuelled, roadworthy, fit-for-use car specified in the lease agreement.

3. The Lessee and the Lessor make a record of the odometer indication and the level of fuel in the tank. After signing the rental agreement, checking the fuel level in the tank and writing down the odometer indication, the car is handed over to the Lessee. The car is handed over by providing the Lessee with the keys and the necessary documentation: registration certificate and insurance.

Vehicle Return or Replacement

1. After the end of the Agreement, the Lessee is obliged to return the vehicle to the place specified in the Agreement, on the specified day and time, notifying FCT24.pl by phone no later than one hour before the planned return of the vehicle.

2. The will to extend the vehicle rental agreement must be notified at least 24 hours before the declared time of returning the car. Extending the vehicle rental requires agreement by e-mail or at FCT24.pl’s premises and is not granted automatically.

3. The issuance of consent to extend the rental depends on whether the vehicle has already been booked by another person (i.e. the next client).

4. In the event of a delay in returning the car, the Lessee is obliged to pay a contractual penalty in the amount specified in the price list. In the event that the vehicle is not returned at the specified time, the Lessor is entitled to collect the car with all documents, keys and rented equipment included in the rental agreement, and to charge the Lessee with the full costs incurred to collect the car. Failure to return the vehicle at the specified time without prior notice to the Lessor may be considered as seizure of the vehicle.

5. Cars are rented with a full fuel tank and should be returned with the same fuel level. In the event that the vehicle is returned with a non-full fuel tank, the Lessor will charge the Lessee for each litre of fuel according to the (average) prices applicable on the day of returning.

6. If any damage to the car is revealed after its receipt by an FCT24 employee, the Lessor reserves the right to request the Lessee to recognise the damage within 24 hours.

7. If the rented car is out of service for reasons beyond the control of the Lessor, the Lessee has the right to replace the immobilised vehicle with another vehicle (possibly of a similar standard). The period of waiting for a replacement vehicle for the Lessee will not be counted against the rental period of the base vehicle.

8. If, after the Lessee has returned the car, any personal belongings, documents or other items are found, the Lessor will transfer these items to the deposit at the company’s premises. Items unclaimed from the deposit within 7 working days from the date of depositing will be handed over to the lost property office. FCT24.pl does not bear any responsibility for items left in rented cars and will not investigate as to which one of the lessees left the found items.

9. In the event that the vehicle is returned earlier than provided for in the signed rental agreement, a handling fee is charged in the amount of 20% of the basic price for each rental day. In this case, all discounts granted are cancelled.

§ 7 RUNNING AND PERIODIC MAINTENANCE AND REPAIRS

The Lessee is not authorised to order repairs, alterations, inspections or other maintenance and repair activities for the rented car at the Lessor’s expense without the written consent of the Lessor’s authorised representative. In the event of an accident, collision or breakdown of the rented car, the Lessee is obliged to immediately notify the Lessor about this fact. If there is a defect or failure that may endanger road safety or may lead to further damage to the vehicle, it is forbidden to continue driving the rented car. In the event of receiving consent from FCT24.pl for the repair of the car to a specific extent, the Lessee is obliged to submit invoices for the service provided and return the replaced parts of the vehicle and draw up a written statement describing the circumstances of the failure. Invoices and bills should be issued with the contact details of FCT24.pl.

1. The Lessor, after determining the legitimacy of the repair and the lack of fault of the Lessee in the causes of the failure, returns all costs documented with invoices or bills.

2. The Lessee acknowledges the necessity to make the car available to the Lessor in order to perform periodic technical inspections, tire replacement and periodic inspections at specific odometer indications as stipulated by the vehicle warranty book. If the vehicle is not made available at higher odometer indications, the Lessee will be charged the full cost of the inspection and will be obliged to compensate the Lessor for all losses incurred in connection with the Lessee’s negligence (e.g. loss of the car warranty). The Lessee will then be punished with the amount specified in the price list.

§ 8 VEHICLE FAILURES, DAMAGES, THEFT, ACCIDENTS, COLLISIONS, LOSS OF KEYS OR DOCUMENTS AND SEIZURE BY THIRD PARTIES

In the event of the circumstances referred to in the title of this section, the Lessee should immediately notify the FCT24.pl head office by calling 503-996-996 in order to receive further instructions. In the event of theft, devastation, deliberate damage, burglary or any other prohibited act, and in the event of the loss of car keys or documents, the Lessee should immediately notify the Police.

1. In the event of failure to act as described in paragraph 1, the Lessee will be charged with all costs resulting from the events specified in paragraph 1.

2. The Lessee’s liability, the so-called deductible, is determined in the amount of PLN 5,000.00 (five thousand PLN) for premium cars, sports cars and vans, and PLN 3,000.00 (three thousand PLN) for the remaining types of vehicles, which may be partially collected from the deposit and becomes due immediately after the damage occurs.

3. In the event of damage to the vehicle for reasons attributable to the Lessee, if the value of the damage is less than PLN 3,000.00 or PLN 5,000.00, the Lessee is obliged to cover the damage themselves, according to the valuation by FCT24.pl, no later than on the day the car is returned, which does not limit the right of FCT24.pl to claim compensation in excess of the above amount, including the costs of the car's downtime during its repair.

4. In the event of damage to the vehicle caused by the Lessee, or as a result of the actions or omissions of third parties, which do not qualify for liquidation through the liability of the insurer, the Lessee undertakes to cover all costs related to restoring the vehicle to its original condition, according to a documented cost estimate for the future repair of the vehicle.

5. In the event of a total damage to the vehicle, i.e. when the repair of the vehicle would be unprofitable, as decided by the Lessor, or the vehicle in question is stolen and the insurer refuses to pay the full amount of compensation, the Lessee will be charged with the full compensation.

6. In the event of theft of the vehicle or its equipment, or acts of vandalism, the Lessee is obliged to provide the Lessor with a written description of the event. In the event of theft of the vehicle, the Lessee is obliged to immediately return the car keys, registration certificate and third party liability policy document to the Lessor.

7. In the event that the damage was caused by the fault of another traffic participant, the Lessee is obliged to immediately provide the Lessor with a detailed written statement of the perpetrator of the incident including their admission of guilt, data of their vehicle liability insurer, description the exact place, date and time of the incident.

8. The Lessee undertakes to immediately notify the Lessor of the occurrence of any situations falling within the scope of the above section. In the event of failure to immediately notify the Lessor, the Lessee will be charged a contractual penalty of PLN 3,000.00.

9. The Lessee declares that in the event the vehicle is misappropriated/not returned during the rental agreement, the Lessee undertakes to cover all related costs, including in particular the value of the vehicle and any other additional costs, no later than within 14 days from the agreed end date of the rental period.

10. These regulations also apply to the Lessees cooperating with the Lessor, referred to as Partners, and is extended by the provisions contained in the Regulations for FCT24.pl Car Rental Partners, which is a separate document constituting an integral part of the Regulations of FCT24.pl car rental.

§ 9 INSURANCE OF VEHICLES

1. The rented vehicles are covered by full third party liability and collision insurance.

2. The Lessee is fully liable for personal damage and reputational damage to the extent not covered by insurer protection or in the event of the insurer’s refusal to indemnify the damage.

3. The Lessee is responsible for their own actions or omissions as well as those of third parties to whom they entrusted the vehicle without the consent of the Lessor.

4. The Lessee can purchase additional insurance:

   1. basic insurance - covering external damage (includes damage caused by a road collision or damage caused in a parking lot where the perpetrator is unknown)

   2. additional insurance - covering external damage + tires and rims + windows

5. The Lessee is responsible in particular for:

   1. technical condition of the vehicle

   2. equipment

   3. devices installed

   4. car keys and documents

   5. failure to provide adequate protection against theft or burglary and for damages caused by improper use of the vehicle - in the full amount

   6. violation of the provisions of these Regulations in the scope specified in § 9. The Lessor may impose contractual penalties on the Lessee as specified in the relevant provisions of the Regulations

§ 10 BOOKING SYSTEM

1. It is possible to book a car in advance for a specific date. In order to do this, please contact FCT24.pl:

a) by phone - at the phone number 32 706 11 99

b) via e-mail - at the address [email protected]

c) in person - at FCT24's premises, specifying the rental date and the expected duration of the rental, and selecting an appropriate car available at that time as well as additional necessary equipment such as: child seat, satnav, etc.

1. After verifying the possibility of renting the car, the Lessor will verbally confirm to the Lessee the possibility to book the car. The reservation is considered valid upon advance payment in the minimum amount of PLN 200, for which a relevant document will be issued. The advance payment or the entire rental price and the returnable deposit can be paid at FCT24.pl’s premises in cash, by credit card or by bank transfer to the bank account indicated in the booking confirmation within 3 days from the receipt of the booking confirmation. The amount of the advance payment will be credited towards the returnable deposit or the rent.

2. If several lessees apply for the possibility of booking the same car at the same time, the booking is considered valid for the lessee who made the payment first. The other payments will be returned to the payers along with a telephone notification that the reservation has not been made.

3. In the event of resignation from the booking, made 48 hours or less before the planned collection of the car, the booking fee is not refundable, except for documented personal accidents.

§ 11. CONTRACTUAL PENALTIES

1. The Lessee will be charged a contractual penalty in the following cases:

   1. making the car available to an unauthorised person - PLN 500

   2. loss of car keys or damage to the vehicle - PLN 600-2,000

   3. missing registration certificate, insurance policy document, registration plate or registration sticker on the windshield - PLN 300

   4. each day of downtime in order to recover the deficiencies referred to in item c) - PLN 50

   5. smoking in the car - PLN 500,

   6. disassembly, replacement, theft of parts of the car equipment or other modifications or changes made without the consent of the Lessor - PLN 2,000

   7. missing equipment not listed in the price list - charged according to the manufacturer’s price list + 20% margin

   8. towing other vehicles with the rented car - PLN 300

   9. driving abroad with the car without the consent of the Lessor - PLN 500

   10. administrative fee for each damage occurred during the rental and not charged to the perpetrator’s third party liability insurance - PLN 1,000

2. The Lessee bears unlimited liability if they caused an accident and fled the scene of the accident or did not fulfil their obligations set out in these General Terms and Conditions.

3. The Lessee bears full responsibility for damages to the car which deviate from standard use if they have transported animals in the car despite it being forbidden.

4. If the Lessee refuels the car with the wrong fuel, they are obliged to repair the resulting damage in full.

§ 12 COMPLAINTS

1. Complaints regarding the agreement shall be reported by the Lessee immediately after finding a defect in the subject of the agreement, no later than 3 hours, by e-mail, telephone or in person.

2. Within 3 hours, the Lessor assesses the complaint and takes the necessary steps to remove the defect or provides a replacement car.

3. A complaint made in the manner specified in paragraph 2 will be processed in the event of a breakdown for reasons inherent in the vehicle and not caused by the Lessee (driver) as a result of improper use. In this case, the Lessee will be charged with the costs of unjustified intervention.

§ 13 FINAL PROVISIONS

1. The Lessee agrees to the collection and processing of their personal data by the Lessor in the scope related to the performance of the agreement as well as car accident and claim management - in accordance with the conditions specified in the Personal Data Protection Act.

2. The Lessee acknowledges and agrees that the vehicle and its mileage will be checked by electronic means throughout the term of the agreement.

3. The Lessee acknowledges that in the event of a gross violation of the provisions of the agreement and the Regulations, the Lessor has the right to remotely block the car, causing its immobilisation.

4. In matters not regulated in the agreement and the Regulations, the relevant provisions of the Civil Code - on the protection of personal data, road traffic law, motor insurance and on consumer protection and concluding agreements by electronic means - shall apply.

5. The court competent for the seat of the Lessor has jurisdiction to settle any disputes.

6. Any amendments to the Regulations shall be made in writing, otherwise being null and void.

7. The Regulations enter into force as of 01/01/2018.

8. In relation to rental agreements concluded before 1 January 2018, the provisions of the existing Regulations shall apply, unless the parties to these agreements agree otherwise.

I declare that I have read the above General Terms and Conditions of the Agreement and that I understand and fully accept them.

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