Amigo Rent a Car General terms and conditions for Car Rental and Use
1. The vehicle is handed over to the Lessee free of any damages and defects (all remarks concerning the technical condition, external and internal appearance and noticed damages shall be included in a Vehicle Handover and Return Report which constitutes an integral part of the Agreement). The Lessee shall be held fully responsible for all damages incurred to the subject of rent which are not covered or not fully covered by the insurance as well as for any mechanical failures caused by the Lessee which are not subject to an in-warranty repair. If the vehicle has got significantly dirty during the term of rent the Lessee shall bear the costs of cleaning the vehicle.
2. The Lessee shall be obliged to check together with the employee of the Lessor the actual condition of the replacement vehicle at the time of its return and obligatorily so before a subsequent Vehicle Handover and Return Report is signed.
3. The Lessee obliges itself to use the vehicle in accordance with its intended use, specification and manufacturers instructions, the Lessor's guidelines and observe the applicable traffic regulations. The Lessee shall not use the vehicle for the purposes which are not in accordance with its intended and ordinary use, including, but not limited to participating in automotive events, vehicle tests, transportation of flammable, hazardous and dangerous materials or rendering assistance in the commission of any illegal acts. The Lessee is not allowed to transfer the vehicle to a third party for use against payment.
4. The Lessee undertakes to return a clean vehicle, free of any damages, with a complete equipment and with all documents to the pick up place or to any other place as agreed, no later then within the period stipulated in the Agreement. Each and every extension of the rent period shall be agreed on in advance in writing, in a form of e-mail or SMS massage sent by the Lessee to the number: +48 607-49-49-52, not later than 24 hours before the end of the Agreement. If the rental is made by order of a company providing assistance services than the extension of the Rental Agreement shall be made only upon a prior notice from the assistance company regarding the extension of the agreement. Unlawful extension of the Agreement by the Lessee authorizes the Lessor to collect an additional fee in the amount of 300% of a twenty-four hour rate for each unlawfully commenced twenty-four hours. Moreover, notwithstanding the addition fee, in the event of lack of a written consent of the Lessor for extending the Agreement, the Lessor shall be authorized to immobilize the vehicle and notify proper law enforcement authorities about the appropriation of the vehicle. The above mentioned provisions do not wave the right of the Lessor to pursue claims for damages or loss of profits due to unlawful extension of the Agreement.
5. The Lessor has the right to terminate the vehicle rental agreement with immediate effect (in a form of a phone call or send SMS) if the Lessee breaches the substantial provisions of: 1) the Rental Agreement, 2) these General Terms and Conditions of Car Rental and Use or 3) General Terms and Conditions of Vehicle Insurance, or if the Lessee neglects the vehicle in a way which may result in loss or damage. The Lessor has also the right to terminate the vehicle rental agreement with an immediate effect if the Lessee fails to pay the rental fee for more than 7 days and – in case of a rental made by order of a company providing assistance services – if the assistance company sends a notice of rental termination. In all such events the Lessee shall be obliged to return the vehicle to the Lessor immediately.
6. In the event of the contingency mentioned in point 4 herein and lack of immediate return of the vehicle by the Lessee, the Lessor or a person/entity chosen by it shall be entitled to immobilize the vehicle, open it and tow it to the Lessor's seat, regardless where the vehicle is located. In such case all expenses of collecting the vehicle, including towing, shall be borne by the Lessee.
7. The Lessee is obliged to perform daily vehicle service and maintenance (checking levels of oil, windscreen washer, coolant and brake fluid as well as checking lights), checking the condition of tyres, and if the passing beam headlights, driving beam headlights and the signalling lights are operational as well as to pay attention to any possible irregularities in the technical condition of the vehicle. If a red control lamp occurs on the vehicle dashboard the Lessee is obliged to inform the Lessor without undue delay. The Lessee shall be responsible for resolving failures and defects arising out of default or negligence in daily vehicle service and maintenance.
8. In the event of failure of the vehicle which may result in causing other defects, posing danger to the traffic or lacking of proper protection against theft, the Lessee shall be obliged to appear in a licensed car service workshop at the time and place set by the Lessor. This obligation shall also cover the liability to appear for a vehicle inspection to maintain warranty if it is scheduled for the period during the usage of the rented vehicle.
9. The Lessee shall be obliged to properly secure the vehicle against the theft and brake-in and any other similar risks (in a customary manner); it is specifically forbidden to leave documents and keys inside the vehicle and a proper locking the vehicle is required.
10. If a damage occurred the Lessee shall be obliged to:
a) take appropriate actions in accordance with the traffic code to ensure safety of traffic at the accident site,
b) take precautions to prevent an increase of damage,
c) inform the Police immediately,
d) inform the Lessor about the accident immediately, phone: +48 607-49-49-52 (available 24 hours)
11. In case of a brake-in or theft the Lessee shall be obliged to immediately call the Police, obtain a statement of damages, inform the Lessor immediately (+48 607-49-49-52) and follow the given instructions.
12. In case of a mechanical failure which makes further use of the vehicle impossible, the Lessee shall be obliged to inform the Lessor immediately and follow the given instructions.
13. The vehicle insurance does not cover, among others, damages in the event of:
a) hit and run by the rented vehicle driver;
b) not making or making a false statement of place, time and circumstances under which the damage occurred;
c) driving the vehicle under the influence of drugs (including psychotropic drugs), alcohol and medicines or without a valid driving license.
The insurance does not cover theft of the vehicle when rented vehicles keys and documents are not returned to the Lessor and in the event when the vehicle has not been properly secured against theft and brake-in.
14. If the insurance company refuses to pay claims through the fault of the Lessee, including but not without limitation to above mentioned cases, the Lessor shall burden the Lessee with full costs of the occurred damage.
15. NOTICE: In the event of damaging the vehicle through the fault of the Lessee or through the fault of an unidentified perpetrator when the rented vehicle is subject to a theft, the Lessee shall be obliged to pay to the benefit of the Lessor so called “event fee” in the amount of 500 PLN regarding vehicle class A or B; 1000 PLN regarding vehicle class C, D or heavy goods vehicles; 1500 PLN regarding vehicle class D premium and 2000 PLN regarding vehicle class E. This fee shall not be subject to payback nor any claims. Such fee shall be paid for the purpose of covering the Lessor's losses related to the repair of the vehicle and connected to its downtime, loss of the vehicle value as well as administrative expenses of the claims adjustment and resulting from the insurance contract in case of the claims adjustment related to comprehensive coverage.
16. The Lessor shall be fully responsible for all damages and accidents regarding the subject of rent in all and any cases unspecified herein.
17. The Lessee shall cover the expenses of purchasing current fuel as well as possible replacement of consumable fluids. If the vehicle is not returned fully tanked the Lessee shall pay 7 PLN net for each missing litre.
18. If the vehicle is returned without the full set of keys, one or two vehicle registration plates or without the vehicle registration card the Lessee shall pay the administrative fee in the net amount of 1000 PLN for each of the above mentioned elements. In the event of lack of more than one element the fees shall add up. The Lessor reserves the right to seek compensation on a general basis if the occurred damages in the rented vehicle exceed the amount of stipulated penalties.
19. When using the vehicle it is specifically forbidden to:
a) tow other vehicles;
b) exceed the rated weight carrying capacity stipulated in the vehicle registration card;
c) transport animals;
d) smoke tobacco inside vehicle (if detected the Lessee shall pay a penalty of 400 PLN net);
e) change the intended purpose of the vehicle or make any changes or alterations, including the installation of any additional equipment.
20. The rented vehicle shall not be moved outside the Polish boarder without written consent of the Lessor. If a fact of leaving the territory of Poland without above mentioned consent of the Lessor is disclosed the Lessee shall be obliged to pay a penalty of 1000 PLN. Travelling with the rented vehicle to Russia, Belarus, Croatia, Ukraine, Moldova, Macedonia, Bulgaria, Romania, Albania, Serbia and Montenegro and all countries which are not member states of the European Union is strictly prohibited.
21. The Lessee gives its consent for storing its personal data in the Lessor's database, administrated by the Lessor, and for processing and transferring such data to third parties for the purpose of executing the agreement and financial security of transaction. The Lessee declares that he/she was informed about its right to access, correct, update and amend its personal information as well to temporarily or permanently withdraw the consent for its processing.
22. In case of any disputes or differences arising from construction or interpretation of the English version of the General Terms and Conditions for Car Rental and Use the Polish version of the General Terms and Conditions shall prevail.