General Terms and Conditions of Rental

1. Preliminary provisions

These General Terms and Conditions of Rental, hereinafter referred to as "GTC", set out the general terms and conditions for the rental of vehicles by YOUR RENT Spółka z ograniczoną odpowiedzialnością (operating under the trade name "YOUR RENT") with its registered office in CHORZÓW (41-503), ul. KADECKA 5A, NIP: 627-277-84-32. REGON: 522282922, entered in the Register of Entrepreneurs of the National Court Register by the District Court for the City of KATOWICE under number 0000976779, with a share capital of PLN 100,000.00, hereinafter referred to as the "Lessor".

For the purposes of these GTC, the following definitions shall have the meanings set out below

• "Lessor" – YOUR RENT Spółka z ograniczoną odpowiedzialnością (operating under the trade name "YOUR RENT") with its registered office in CHORZÓW (41-503), ul. KADECKA 5A, NIP: 627-277-84-32. REGON: 522282922, entered in the Register of Entrepreneurs of the National Court Register by the District Court for the City of KATOWICE under number 0000976779,
• "Renter" - a natural or legal person who rents or on whose behalf a vehicle is rented. This person is referred to as the "Renter" in the vehicle rental agreement and is responsible for compliance with all provisions of these General Terms and Conditions of the rental agreement. Where the renter is a consumer, the GTC apply subject to mandatory consumer protection regulations,
• "Agreement" - an individual rental agreement that is signed at the vehicle pick-up point at the start of the rental period and which authorises the use of the vehicle, specifies the place of pick-up and return of the vehicle, the scope of financial liability, equipment and services included in the price, as well as the method of payment for the rental. The Agreement also contains information about the mileage, fuel level, damage and any defects of the rented vehicle, as well as other rights and obligations of both parties, who by signing fully accept this agreement. The vehicle rental protocol is considered part of the rental agreement at the time the General Terms and Conditions of Rental are published,
• "Driver" - a natural person named in the rental agreement as "user", who signs the rental agreement and takes possession of the vehicle, and who bears responsibility under the following provisions of the rental agreement,
• "User" - the renter, driver and additional driver, referred to as User in the further provisions of these General Terms and Conditions of vehicle rental,
• "Vehicle" is the subject of the agreement, and information about it is contained in the agreement.

2. Rental conditions

1. By signing the agreement, the user confirms receipt of the vehicle in the proper condition for the service covered by the agreement, including all associated equipment and accompanying documentation.
2. By signing the agreement, the user guarantees to the lessor that they have met all requirements set out in the general terms and conditions and that they possess all documents required to operate the vehicle in accordance with the law applicable in the Republic of Poland.
3. They are required to present originals of these documents to the lessor for inspection. Required documents: driving licence (held for a minimum of one year), identity card or passport, credit card issued in the driver's name.
4. The user is responsible for traffic violations committed during the period of the agreement, as well as after its conclusion.

3. Reservations and payments

1. A vehicle reservation can be made via the website https://yourrent.com, by telephone or at the Lessor's service points.
2. A reservation is confirmed upon the customer receiving an e-mail containing the reservation confirmation.
3. Payment for the rental may be made online using payment methods provided by the Lessor or in another manner accepted by the Lessor.
4. All prices presented during the reservation process are gross prices inclusive of VAT, unless expressly stated otherwise

4. Payment terms

1. A pre-authorisation (funds hold) will be placed on the user's credit card to cover potential vehicle damage or other events for which the user is responsible.
2. The user should have sufficient funds required for the pre-authorisation of the credit card up to the amount specified by the Lessor according to the current rental conditions, depending on the vehicle class, rental type and insurance.
3. By signing the rental agreement, the user authorises the lessor to charge, in advance, the appropriate rental fee per day at the rate accepted in the agreement, including all extras (purchased insurance cover, additional equipment and services) and other possible costs that may be incurred, in accordance with the current price list.
4. These charges are made to the credit card on which the pre-authorisation was placed, or to any other agreed method of payment. By providing a credit card for the rental agreement, the Renter consents to having their credit card account charged for additional costs resulting from an extension of the rental, as well as additional costs arising after the vehicle is returned to the Lessor (i.e. potential costs of repairing damage to the returned vehicle, missing fuel, fines). If the user makes a payment directly to the lessor's account, they are required to do so within the specified time frame. Funds must be credited to the lessor's account prior to vehicle pick-up. In the event of delay, the Customer is obligated to pay interest to the lessor, as well as any other costs potentially incurred.

5. Security deposit

1. To secure claims arising from the Rental Agreement, the Lessor may collect a refundable security deposit from the Renter.
2. The amount of the deposit is determined individually for each reservation and depends in particular on:

• vehicle class
• rental duration,
• driver's age,
• vehicle pick-up location,
• selected protection package,
• rental risk assessment.

3. The deposit amount may range from PLN 1 to PLN 10,000 and is presented to the Customer each time before making a reservation and indicated in the Rental Agreement.

4. The deposit may be collected by:

• a funds hold on a payment card,
• charging a payment card,
• bank transfer,
• another form accepted by the Lessor.
  

5. The deposit serves as security for all amounts due under the Rental Agreement, in particular:

• vehicle damage costs,
• costs of lost equipment,
• additional cleaning costs,
• costs of refuelling or recharging,
• fines, road tolls, parking and administrative fees,
• other amounts due resulting from non-performance or improper performance of the Rental Agreement.
  

6. The Lessor has the right to deduct amounts due under the Rental Agreement from the deposit.

7. The unused portion of the deposit will be returned after the rental period ends and all rental-related amounts have been settled.

8. The deposit refund will be made promptly after the rental settlement process is complete. The actual time for funds to become available depends on the payment operator or bank serving the Renter.

6. User obligations

By signing the Agreement, the user declares that they are familiar with and accept all provisions of the agreement set out below:

1. The vehicle will be returned to the agreed location at the time agreed in the agreement, in the same condition in which it was received, together with equipment (additional, e.g. child seat and/or navigation) and with the same fuel level with which it was received, and the parking entry ticket. Failure to do so will result in additional charges.
2. The rental agreement ends after the vehicle has been inspected by a YOUR RENT employee, with the date and time of inspection recorded on the vehicle return protocol.
3. In the event that the Renter is not present at the time of vehicle inspection upon return, the Lessor has the right to unilaterally draw up a return protocol with consequences for the Renter.
4. The vehicle is rented in 24-hour periods. A delay in returning the vehicle of up to 30 minutes does not result in additional charges.
5. Any extension of the agreed rental period, as well as any other changes relating to the rental, should be requested from the Lessor, directly at the branch from which the vehicle was rented, by telephone or e-mail, before the rental period expires
6. In the event of the vehicle (subject of rental) not being returned by the deadline indicated in the agreement, the Lessor will report the appropriation of the rental subject to the Police (use without a contract),
7. The vehicle will not be overloaded, used for training new drivers, transporting or towing other vehicles or tractors, carrying passengers for commercial purposes, for racing, rallying, endurance testing or unlawful acts,
8. The vehicle will be used exclusively by the driver or additional driver specified in the agreement, solely for personal use, in accordance with the intended use of the vehicle, and the vehicle will not be made available to unauthorised users or third parties,
9. When leaving the vehicle, the user will properly close all windows and lock the vehicle, taking the keys (or other types of remote controls) and documents with them,
10. The user will only use public roads, will not drive the vehicle under the influence of alcohol, drugs or other prohibited substances and will comply with road traffic regulations,
11. The user will ensure regular technical maintenance of the vehicle, meaning regularly checking coolant levels, oil, other fluids, tyre pressure, etc.,
12. If at any time a warning light on the dashboard indicates the need for repair (or topping up of fluids) or if the user themselves considers that the vehicle needs servicing, they will notify the lessor immediately and make the vehicle available (after agreeing the place and time with the Lessor) for this purpose. In the event of vehicle damage resulting from failure to comply with these conditions, the user is obligated to compensate for all such damage and any possible loss of earnings resulting from the Lessor's inability to carry out basic activities and maintain operations due to the user's negligence,
13. The vehicle will not be used to transport more passengers or goods than the maximum permitted number specified in the vehicle's specifications, and no modifications will be made to the vehicle,
14. The vehicle will not be used outside the territory of Poland unless this has been previously reported and agreed with the Lessor. The vehicle may only travel within European Union member states, exclusively with the lessor's consent and subject to payment in accordance with the current price list. In the event of non-compliance with cross-border and territorial restrictions on vehicle use, any insurance packages held by the user, listed in paragraph 8 of these conditions, will cease to apply,
15. The user will cover all (but not limited to) costs related to the use of the vehicle such as fuel, motorway tolls, bridge tolls, parking fees, fines and others,
16. Under this agreement, the user authorises the lessor to charge them for all traffic violations, parking fees and other fines and administrative charges, without prior notice, if they result from a violation of the laws of the Republic of Poland or another country and if they were committed during the rental period. Costs will be increased by an administrative fee and will be charged to the credit card provided on the first page of this rental agreement,
17. The user, as a legal entity, may, upon prior notice and with the lessor's consent, permit a qualifying employee to use the rented vehicle, and in such case is obligated to acquaint the driver with the terms of the agreement, which in no way reduces the legal entity's responsibility for compliance with these terms.

7. Reservation cancellation

1. The Renter has the right to cancel the reservation free of charge up to 24 hours before the planned vehicle pick-up date and time.
2. In the event of a successful reservation cancellation, YourRent will refund 100% of the funds paid.
3. The refund will be made using the same payment method that was used when making the reservation, unless the parties agree otherwise.
4. The refund will be processed no later than 14 days from the date of successful reservation cancellation.
5. Failure to collect the vehicle without prior reservation cancellation is treated as a waiver of the service and does not entitle the customer to a refund of payments made.
   

8. Complaints

1. The Renter has the right to submit complaints regarding services provided by the Lessor.

2. A complaint may be submitted:

• electronically to the address: biuro@yourrent.com,
• in writing to the Lessor's registered address,
• via the contact form available on the website.

3. A complaint should contain:

• the Renter's first and last name or company name,
• the reservation number or Rental Agreement number,
• a description of the objections raised,
• an indication of the expected resolution.

4. The absence of the details indicated in point 3 does not invalidate the complaint, but may extend the time required to process it.

5. The Lessor will process the complaint within 14 days of receipt.

6. The response to the complaint will be provided electronically or in writing, in accordance with the contact details provided by the Renter.

7. A Renter who is a Consumer has the option of using out-of-court complaint resolution and redress procedures in accordance with applicable law.

9. Vehicle damage and/or loss of documentation

1. In the event of vehicle damage (including theft), loss of equipment or tools, loss of documents, licence plates or vehicle keys, the user is obligated to reimburse the costs.

2. The vehicle user is liable in the event of engine damage, damage to mechanical parts of the vehicle (for example due to lack of oil, coolant or other fluids in the engine), as well as in the event of damage to the oil sump, clutch (so-called burnt clutch), vehicle chassis, loss/destruction of vehicle documents or keys, loss/destruction of licence plates, damage to the vehicle interior, burnt seats, introduction of incorrect fuel or other damage resulting from the negligence of the user or additional driver of the vehicle (such as reckless driving or off-road driving).

3. In such cases, the vehicle user will reimburse the lessor the equivalent of the vehicle repair costs plus the amount of lost daily rental income as stated in this rental agreement, for the repair period, but not more than 30 days, as well as other damage such as the cost of towing the vehicle or loss of vehicle value.

4. The user accepts that the vehicle must be used in accordance with the manufacturer's instructions, including the use of diesel fuel or unleaded petrol, in accordance with the manufacturer's instructions.

5. Any damage resulting from non-compliance with these instructions will not be covered by insurance and will remain the liability of the vehicle user.

10. Theft, vehicle accident and/or malfunction

1. In the event of an accident, vehicle damage, theft, engine failure or similar circumstances, the user is obligated to:

• ensure that no further damage to the rented vehicle occurs until it is taken over by the lessor,
• record the names, telephone numbers and addresses of witnesses and persons involved in the damage,
• call the police to the scene and draw up an incident report, except in the case of engine failure,
• inform the nearest lessor's office of the incident.

2. The vehicle user is obligated to report all vehicle damage to the police.

3. In the event that the user fails to provide a police report or statement, all costs related to the damage or missing vehicle will be covered by the vehicle user in full, including lost profits in the amount of the daily rental fee for the period during which the vehicle cannot be used for repairs, for a maximum period of 30 days, regardless of the user's fault and whether the user accepted and paid for additional packages limiting or eliminating liability.

11. Costs reimbursable to the user

1. The Lessor will reimburse the user for all costs of oil, lubricants, regular servicing and minor repairs that occurred during the rental period, excluding vehicle washing costs, upon presentation of all settled invoices.

2. The invoice must be addressed to the lessor: YOUR RENT Spółka z ograniczoną odpowiedzialnością (operating under the trade name "YOUR RENT") with its registered office in CHORZÓW (41-503), ul. KADECKA 5A, NIP: 627-277-84-32. REGON: 522282922, entered in the Register of Entrepreneurs of the National Court Register by the District Court for the City of KATOWICE under number 0000976779.

3. To obtain reimbursement of the above costs, the user must receive written consent from an authorised representative of the lessor; otherwise the reimbursement cannot be processed.

12. Excess

1. The risk and amount of the excess may be reduced by accepting an appropriate package reducing or eliminating the excess.

2. Limited liability for damage or theft with excess (CDW/TP): by accepting such insurance cover, you may limit or completely eliminate (subject to the rental conditions) your liability for damage or theft.

3. Purchase of the reduced excess option (Medium Protect Package): by accepting and paying for this additional excess cover, the user may limit their liability for vehicle damage. The Medium Protect Package does NOT cover: damage to the vehicle interior (unless the interior is damaged as a result of an accident).

4. Purchase of the total excess waiver option (Total Protect Package): by accepting and paying for this additional excess cover, the user may completely eliminate their liability for vehicle damage (subject to all conditions being met). The Total Protect Package does not cover damage to the vehicle interior (unless the interior is damaged as a result of an accident).

5. By signing the rental agreement, the user authorises the lessor to charge their credit card for all rental costs, breakdowns or losses, up to the excess amount indicated in the rental agreement or the full amount of the damage, if the user has not complied with these terms, even those detected after the vehicle has been returned and which the user has not reported to the lessor in accordance with the vehicle return procedure.

6. Insurance does not cover damage caused in high-risk areas or war zones, or where the rented vehicle is used outside the borders of the Republic of Poland without consent and payment of the applicable fee.

12. Collection and processing of personal data

1. The user provides personal data voluntarily. The user's personal data is required for the process of executing the rental agreement. The Lessor uses and processes personal data in accordance with applicable personal data protection regulations,

2. The Lessor undertakes to process personal data in accordance with applicable law and the agreement. When processing personal data, the Lessor undertakes to comply with personal data protection regulations, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation),

3. The controller of personal data is YOUR RENT Spółka z ograniczoną odpowiedzialnością (operating under the trade name "YOUR RENT") with its registered office in Chorzów (41-503), ul. KADECKA 5A, NIP: 627-277-84-32 REGON: 522282922, entered in the Register of Entrepreneurs of the National Court Register by the District Court for the City of Katowice, VIII Commercial Division, under number 0000976779, with a share capital of PLN 100,000,

4. The personal data provided will be processed: for the purpose of taking steps prior to entering into an agreement and for the purpose of performing the agreement – pursuant to Article 6(1)(b) GDPR; on the basis of consent (solely for the purpose indicated in the content of the consent given) – pursuant to Article 6(1)(a) GDPR; for purposes arising from the legitimate interests pursued by the controller or a third party (e.g. for the purpose of pursuing claims, direct marketing) – pursuant to Article 6(1)(f) GDPR,

5. Personal data will be stored for the duration of the agreement and after the agreement ends in order to fulfil the legal obligation incumbent on the Lessor as controller (for the period consistent with and required by applicable regulations), and in the case of legitimate interests pursued by the controller or a third party (including direct marketing) until consent is withdrawn or an objection is raised,

6. Due to the nature of the agreement, recipients of personal data may include the Lessor's partner (insurance company, leasing company, bank, entity providing services to the Lessor), and in the case of legitimate interests pursued by the Lessor also other entities cooperating with the Lessor (law firm, marketing agency, etc.),

7. The Renter has the right to access the content of their data and the right to rectify, erase, restrict processing, the right to data portability, the right to withdraw consent at any time (without affecting the lawfulness of processing carried out on the basis of consent before its withdrawal), the right to object (where personal data processing has taken place for purposes arising from the legitimate interests pursued by the Lessor).

8. The Renter has the right to lodge a complaint with the President of the Personal Data Protection Office (formerly the Inspector General for Personal Data Protection) if they consider that the processing of personal data violates the GDPR.

9. The Renter's personal data may be processed in an automated manner, including in the form of profiling (profiling will be carried out for the purpose of offering the Renter goods and/or services best suited to their needs and expectations).

13. Other provisions

1. The Lessor is not liable for damage suffered by the user in connection with a delay in handing over the vehicle or for damage that the user may have suffered as a result of the vehicle malfunctioning during the rental period.

2. The Lessor has the right to terminate the rental agreement and to immediately take possession of the vehicle if the user does not act in accordance with the provisions of these conditions or the rental agreement, or if the vehicle is damaged.

3. Termination of the rental service in accordance with these provisions does not affect the lessor's other rights set out in these conditions and the rental agreement.

4. This agreement has been drawn up in two identical copies, one of which has been handed to the user and the other retained by the lessor.

5. By signing the last page of this agreement, the User accepts this agreement and all its provisions, and by accepting the insurance cover for the damage specified in paragraph 9, accepts the terms of the insurance cover with which they have been acquainted.

6. Polish law applies to the Rental Agreement.

7. In the event of disputes with a Consumer, court jurisdiction is determined by applicable law.

8. The Consumer may use out-of-court dispute resolution methods, in particular with the assistance of the competent local consumer ombudsman or other authorised entities.

14. Amendments to the GTC

1. The Lessor reserves the right to amend these GTC for important legal, organisational or technical reasons.

2. The Rental Agreement is subject to the GTC in force at the time the Renter makes the reservation.