Regulations governing PANEK S.A. within the scope of vehicle rentals



Applicable from 01-01-2012
Introduction
1. These Regulations %u2013 (hereinafter referred to as the Regulations) have been issued by the PANEK joint-stock company with its registered office at ul.Kościuszki 5, 59-300 Lubin, entered in the National Court Register of business entities carried out by the District Court in Wrocław - Fabryczna, IX Commercial Department with KRS no. 0000324104, NIP (Tax Identification Number: 6922461623, with a share capital of 1,000,000 zł fully paid-up.
2. The regulations lay down the conditions of rental of cars and light vans in a contract concluded through PANEK joint-stock company. The Lessors do not bear responsibility for direct consequential and incidental damages and for loss of profits.
3. In the event of any discrepancies in the Contract and Regulations, all parties are bound by the contract.
4. The rental agreement parties:
a) Renter: The customer
b) Lessor: PANEK S.A.
c) Second driver
d) Guarantor %u2013 within the scope of defined applicable law.
The renter and their rights in driving the vehicle
5. The vehicle Renter and/or person legally entitled to drive the vehicle may be:
1. A natural person, who:
a) Produces to PANEK S.A. a valid national identification card, and in the case of foreign nationals %u2013 a valid passport,
b) Provides PANEK S.A. a valid driving licence, with a validity of at least one year, acceptable on the territory of the Republic of Poland,
c) Provides PANEK S.A. a valid credit card or document confirming employment,
d) Produces current certification of entry into a sole proprietorship business activity company or KRS, -concerning persons running a sole proprietorship business activity as self-employed or applied for authorisation in the name of a firm/company,
e) Over 21 years of age - categories: A, B, B+,M;
f) Over 23 years of age - categories: C, C+, N, N+;
g) Over 25 years of age - categories: D, D+, R, V;
h) Over 28 years of age - categories: S, T
2. A legal person who:
a) Who submits a current KRS,
b) A designated person legally entitled to drive, who fulfils all of the defined criteria in point 5 subpoint 1. b and e-h.
6. In the event of non-fulfilment as the Renter and/or person entered in the rental agreement as a %u2018second driver%u2019 of the requirements as indicated in point 5 the Lessor will be legally entitled to immediately withdraw from the rental agreement and pursue a contractual penalty as laid down in point 75, let. a-e.
7. The Renter accepts full responsibility for vehicle rental to the time of return through the Lessor, based on a delivery and acceptance protocol signed by the Lessor and is liable for all risk, inclusive of accidental loss, damage or the vehicle%u2019s destruction.
8. In the case of a lack of documents, to which point 5 subpoint 1 let.c and d refer, these Regulations demand a person%u2019s guarantee or a third party (Guarantor).
9. The Guarantor and/or the second driver are as responsible for the vehicle as is the Lessor. The responsibility of the Renters, Guarantor and/or the second driver is joint and several liability.
10. The Renter may give written authorisation to another person in driving the vehicle on the condition of a submission to the Lessor of the original documents confirming the fulfilment by that person of the criteria stipulated in point 5 and with the written consent of the Lessor. In the case of cancellation by the Renter of such authorisation, the Renter is obliged to immediately inform the Lessor of these changes. In the event of an abandonment of immediate notification, the Renter is responsible for damages
11. The Renter is responsible for all damages caused by the authorisation of themselves.
Car reservation online form
12. The Renter may reserve a vehicle at least two days before the planned rental of the vehicle. The conditions of vehicle reservation are contained in the reservation agreement.
13. In the event of reserving a vehicle in categories A, B, B+, C, C+ and M, the Renter is to pay the Lessor a deposit of 200zł, at the beginning of the rental agreement.
14. In the event of reserving a vehicle in categories D, D+, S, T, V, R, N and N+, the Renter is to pay the Lessor a deposit of 400zł at the beginning of the rental agreement.
15. In the event of cancelling the reservation by the customer or in the event of non-collection of the vehicle in accordance with the reservation, the deposit is non-refundable.
16. In the event of cancelling the reservation by the Lessor, the deposit will be returned at the same amount.
17. In the event of the Lessor being unable to deliver a vehicle in accordance with the reservation, the Lessor will rent a vehicle to the customer of the same or higher category, at the same rate at which the reservation was placed. The above changes do not constitute a failure or improper execution of the agreement by the Lessor.
Vehicle reservation and conclusion of an agreement via the online form
18. The conclusion of a rental agreement follows the completion of the online form. Go to www.panek.eu in addition to the Lessor%u2019s approval.
19. After placing a reservation on the online form, the customer will receive a reservation confirmation via their mail address.
20. Conditions of accepting the offer by the Lessor are:
a) acceptance by the customer of the applicable Regulations available at www.panek.eu,
b) fulfilling the conditions as laid down in point 5 of these Regulations,
c) placement of an order at least 48 hours before the planned time of the vehicle%u2019s collection,
d) by rental of vehicles in categories D, D+, S, T, N, N+, R, M and V submitting data of a valid credit card,
e) the Renter entitles the Lessor to issue an invoice without a signature,
21. In the event of the cancellation of a reservation by the Customer up to 48 hours prior to the planned start of the rental, a payment of funds in lieu of the reservation is returnable within 14 days, subject to point 69.
22. In the event of the cancellation of a reservation in a period less than 48 hours prior to the planned start of the rental or in the event of non-collection of the vehicle in accordance with the reservation, a charge is made for the resignation in accordance with point 70.
23. In the event of finding a non-fulfillment by the Renter and/or other person indicated by him/her on the online form in the position of %u2018second driver%u2019 the requirements laid down in point 5 of the regulations, the Lessor will be entitled to immediately cancel the rental agreement. In such a case a charge will be made for a prohibited reservation in accordance with point 71, and an excess payment by the customer is to be paid within 14 days.
24. In the event of the Lessor, after accepting the reservation, receives information on the possible postponement of the time of the handover of the vehicle, for reasons beyond his control, the Renter and parties should immediately agree another time for the handover of the vehicle.
25. In case of the impossibility of delivery of the vehicle by the Lessor in accordance with the reservation, the Lessor will rent to the customer a vehicle of the same or higher category, at the same rate at which the reservation was placed. The above changes do not constitute a failure or improper execution of the agreement on the part of the Lessor.
The Renter%u2019s obligations
26. The Renter receives the vehicle in full working order, in a condition enabling its full use and pledges to use it with all due care as well as returning it in a condition not worse than before.
27. Costs of purchasing screen wash, spare bulbs and tyre repairs are liable in full by the Renter.
28. The Renter will receive a clean vehicle. On its return, the Renter is obliged to hand over the vehicle clean, both inside and outside.
29. The Renter or the person driving the vehicle is liable for:
a) safeguarding the vehicle against theft (by always locking the vehicle as well as activating all antitheft devices; carefully safeguarding outside the car its documents, keys and radio front panel),
b) carrying out at his/her own cost daily vehicle maintenance, and especially checking the level and consumption of the engine oil, radiator coolant, brake fluid, screen wash, checking the state of the tyres, checking the tyre pressures, operation of the lights,
c) using the vehicle with the appropriate type of fuel in accordance with the engine%u2019s specification %u2013 denoted in the vehicle%u2019s registration document, in the delivery and acceptance protocol and as denoted by the fuel filler.
30. In the event of the agreement of the Lessor on journeys abroad (provided for in point 32) the Renter is obliged to purchase insurance assistance in foreign travel at his/her own cost.
31. The cost of fuel used during rental is covered by the Renter. The vehicle is handed over with a full tank of fuel. If in any doubt as to the status of fuel the Renter should report this up to 5kms from the commencement of driving, otherwise there will be no allowances made for any complaints. On returning the vehicle the Renter should fill up the vehicle to maximum to a representative of PANEK S.A., otherwise the Renter will pay a charge in accordance with point 73.
32. Usage of a rented vehicle outside the borders of the Republic of Poland is prohibited in: Albania, Belarus, Bosnia and Herzegovina, Bulgaria, Montenegro, Estonia, Kosovo, Lithuania, Latvia, Macedonia, Moldavia, Russia, Rumania, Serbia, Turkey, Ukraine, The British Isles. The provisions in point 75 and Premium Package are not applicable in these countries. All costs related to breakdowns, damage or theft of the vehicle taken to these countries, are liable by the Renter in full. The Renter is also liable for the transport costs of the vehicle to a place where the vehicle was rented in Poland of the amount determined in point 72.
33. In the event of suspicious unauthorised use of the vehicle, the Lessor, or other persons authorised by him, shall have the right to control the use and state of the vehicle and the documents of the Renter.
34. It is completely forbidden to smoke and drink alcohol in the vehicle.
35. The carriage of animals is forbidden in the vehicle.
36. It is forbidden to exceed the speed limit of a vehicle and its loading capacity.
Vehicle return
37. The Renter, after concluding the rental agreement, is obliged to return the vehicle to an agreed location at a specified time. The Renter is liable for the costs of returning the vehicle to a place other than that specified in the rental agreement, without the written consent of the Lessor, in accordance with point 61. In the event of returning a vehicle in a defective or damaged state, the Renter is liable for the cost of towing the vehicle in accordance with point 72. The above does not exclude an investigation on the part of the Lessor for damages on the general terms.
38. There is no charge for lateness in returning the vehicle up to 59 minutes. Return of the vehicle after this time will result in the charge of another full day, subject to point 39.
39. If the Renter wishes to extend the rental, the Renter should notify the Lessor and obtain agreement a minimum of 12 hours before the deadline for returning the vehicle. The Renter may not extend the rental without paying for the extension of the rental. If the Renter does not obtain the agreement of the Lessor for extending the rental period and does not make a payment for the rental extension, the vehicle will be reported to the police as stolen, and the Renter will pay for each additional day of non-contractual use of the car under a penalty agreement according to point 76, sub-point q.
40. In the event of a delay in returning the vehicle without the consent of the Lessor, the Lessor is authorised to collect the vehicle from any place and to charge the Renter the full costs related to this.
Service and Breakdowns
41. The Renter is to provide the Lessor the vehicle with the intention of carrying out periodic service or changing the tyres at a place and time indicated by the Lessor. In the event of non-delivery of the vehicle to carry out the service the Renter will become liable for costs of the service and a contractual penalty in accordance with point 76 subpoint s.
42. In the event of a breakdown or a faulty vehicle, the Renter is obliged to immediately inform the Lessor by calling +48 665 302 260. The Renter does not have the right to carry out any repairs or tow the vehicle without the consent of the Lessor. The Renter will cover the costs of such activities.
43. The Renter does not have the right to tow other vehicles with the rented vehicle.
Damage and theft of the vehicle
44. In the event of the vehicle being stolen, damaged, or being in a collision or accident, the Renter is obliged to immediately inform the Lessor by calling +48 509 822 422 and the police. Additionally, the Renter is obliged to provide a written description of the accident, driving licence and identity documents via the Lessor, to a designated insurance agent within 3 days of the incident. In the event of the theft of the vehicle, the Renter is also obliged to immediately return the keys and vehicle documents to the Lessor.
45. Subject to points 32, 74, and 76, the Renter, in the event of a damaged vehicle or theft of the vehicle, is liable for a contractual penalty as specified in point 75.
46. The Renter, for an additional charge, may purchase a Premium Package, which excludes his/her responsibility specified in point 75. The Premium Package does not exclude responsibility from points 32, 74 and 76.
47. In the event where damage is not the fault of the Renter, and the Premium Package has not been purchased (not concerning theft), in order to avoid responsibility as laid down in point 75, the Renter has the obligation of providing the Lessor 7 days from the incident, a written and detailed declaration that the other party accepts blame for the incident or an official police report from the scene of the incident, in which the guilty party is identified.
Obligations of the Lessor
48. The Lessor, in the event of the immobilisation of a rented vehicle for a period of longer than 8 hours, should if at all possible guarantee the Renter a replacement vehicle. Whilst waiting for a replacement vehicle, the Renter shall not pay for the rental. In situations where the replacement vehicle is of a lower standard, the rental charge may be reasonably reduced. The Lessor is not liable for any damages.
49. Provision of a replacement vehicle is not entitled in the event of:
a) loss of the registration documents and/or insurance policy and/or keys to the vehicle,
b) vehicle damage caused by the Renter, second driver or person authorised by the Renter,
c) immobilisation of the rented vehicle outside the borders of the Republic of Poland,
d) parking damage and acts of vandalism.
Charges, deposit
50. The price list of daily rates and the amount of deposit required can be found on the price list at www.panek.eu. In the event of a change in the price during the rental agreement the Renter is bound by the rates from the date of the agreement. The Lessor reserves the right to cancel the payment of a deposit and deducts from the amount of deposit paid claims arising from use of the car by the Renter. The unused deposit is non-refundable.
51. The rental charges are payable in advance at the rate applicable on the date of making the reservation.
52. The rental charge and additional charges are non-refundable in cases of early return of the vehicle.
53. The Renter bears all the costs associated with international transfers and paid duties under the rental agreement.
Additional charges
54. Releasing a vehicle outside working hours as specified in point 79 %u2013 charge for this service - 30 zł
55. Return of a vehicle outside working hours as specified in point 79 %u2013 charge for this service - 30 zł
56. Exceeding the limit of kilometres paid, payment for every extra kilometre - 0,40 zł
57. Returning the vehicle at a different outlet - 246 zł
58. Returning the vehicle at a different outlet when renting from 4 days (only in cases of notification before rental) no charge
59. Using the vehicle abroad with the consent of the Lessor, for the whole rental period (subject to point 32) - 123 zł
60. Provision or collection in cities where there is a PANEK S.A. office - 40 zł
61. Provision or collection of a vehicle in other places for each kilometre, one-way - 3,50 zł
62. Provision or collection at the following airports: Berlin, Gdańsk, Katowice, Kraków, Poznań, Rzeszów, Warsaw, Wrocław - no charge
63. Provision, collection or leaving at the following airports: Bydgoszcz, Łódź, Szczecin, Zielona Góra - 50 zł
64. Premium Package:
Categories A,B,B+, C,C+, M - 20 zł/day,
Categories D,D+, N,N+, R,V - 40 zł/day,
Categories S and T - 70 zł/day
65. Additional driver per day - 10 zł
66. GPS for Poland (in some category A vehicles %u2013 not possible to affix) per day - 9 zł
67. Child seat from 0-18 kgs, for the duration of rental - 50 zł
68. Child seat from 9-36 kgs, for the duration of rental - 50 zł
69. In the event of cancellation of a reservation by the customer up to 48 hours before the date of rental, charge for electronic payment from the cost of rental - 5 %
70. Charge for resigning by the customer 48 hours or less before the date of rental - 300 zł
71. Charge for illegal reservation, to which point 23 refers - 300 zł
72. Towing a faulty or damaged vehicle, for each kilometre, one-way - 7 zł
73. Returning a vehicle without a full tank of fuel %u2013 cost of missing fuel plus a filling charge - 20 zł
The responsibility of the Renter and Contractual Penalties
74.
a) The Renter is liable for responsibility in full for damages in the following cases: damages arising as a result of wilful acts, omissions and gross negligence,
b) Damage to the vehicle%u2019s interior, tyres, wheels, upholstery, wiper blades, aerials, leaving permanent stains,
c) Driving the vehicle whilst under the influence of alcohol, under the effect of drugs or other substances, or without a valid driving licence,
d) Non-return of the registration documents or set of keys after the vehicle%u2019s theft,
e) Driving away from the scene of an accident or collision,
f) Using a vehicle on the territory of countries specified in point 32,
g) Refusal by an insurer to pay for damages through the fault of the Renter,
75. As specified in point 74, in the event of theft or damage to a vehicle the Renter shall pay a contractual penalty at the following rates, respectively:
a) In category A 500 zł;
b) In categories B, B+, C, C+, M 1000 zł;
c) In categories N and N+ 1500 zł;
d) In categories D, D+, R and V 2000 zł;
e) In categories S and T 2500 zł;
76. Other contractual penalties:
a) damage, or loss in any way whatsoever of the key operating the central locking - 700 zł
b) damage or loss in any way whatsoever of the central locking control unit - 500 zł
c) damage, or loss in any way whatsoever of the alarm system key or remote control - 400 zł
d) damage, or loss in any way whatsover of the radio front panel -400 zł
e) damage, or loss in any way whatsover of the vehicle documents (with the exception specified in point 74d) - 500 zł
f) damage, or loss in anyway whatsover of the insurance policy, number plates, windscreen stickers (for everything) - 200 zł
g) each day of being stationary, caused by things supplementary to those referred to in point 76 let. e and f:
categories A, B, B+, C, C+, M, N, N+ - 40 zł
categories D, D+, R, S, T, V - 70 zł
h) breaking the ban on smoking in the vehicle - 300 zł
i) breaking the ban on carrying animals in the vehicle, - 300 zł
j) returning a dirty vehicle - 40 zł
k) returning a vehicle with non-permanent stains on the seats, upholstery and boot, - 300 zł
l) returning a vehicle with a palpable unpleasant odour - 500 zł
m) damage, or loss in any way whatsoever of each non-original hubcap - 30 zł
n) damage, or loss in any way whatsoever of each original hubcap - 100 zł
o) towing other vehicles by the rented vehicle - 300 zł
p) use of the vehicle by persons not legally entitled (specified in points 7, 9, 10 and 11) - 250 zł
q) non-contractual use of the vehicle %u2013 the value of the daily rate plus 100 zł for each commencing day
r) prevention of carrying out a control of the state and use of the vehicle (point 33) - 500 zł
s) loss of the vehicle%u2019s warranty due to the fault of the Renter or person driving the vehicle - 2500 zł
t) filling up the vehicle with the wrong type of fuel, referred to in point 29 let.c - 1500 zł
u) removal or changing parts of the vehicle or carrying out alterations without the consent of the Lessor - 2500 zł
v) other, not otherwise specified above deficiencies in the vehicle - 2000 zł
w) using the car abroad without the consent of the Lessor (specified in point 32) - 300 zł
77. The parties allow for the possibility of seeking damages in excess of the amount contractual penalties.
78. In especially justified cases, the Lessor has the right to cancel the contractual penalty, in part or in whole.
Final provisions
79. PANEK S.A. offices are open from Monday to Friday from 0900 to 1700 and on Saturdays from 0900 to 1300. The exceptions are the following offices:
a) F. Chopina airport in Warsaw %u2013 open every day from 0700 to 2300
b) Lublin, ul. Fabryczna 2 %u2013 open on working days from Monday to Friday from 1000 to 1800, and on Saturday from 1000 to 1400
80. All prices listed in the Regulations and on www.panek.eu include applicable taxes and are gross prices.
81. Any disputes arising from the rental agreement shall be resolved under Polish law by the court specific to the Lessor.
21. The renter hereby consents to the processing of the data related to their booking and renting a vehicle and a communication claims settlement and for any marketing purposes pursuant to the Data Protection Act dated 29 August 1997 (the uniform text of the 2002  Journal of Laws no. 101, item 926, as amended).

Niniejszy dokument stanowi własność PANEK S.A. Jego powielanie, przekazywanie i kopiowanie, w części, bądź w całości, bez pisemnej zgody PANEK S.A. jest zabronione.

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