Martina Cars Car Rental Regulations

§1 Preliminary provisions

1. These regulations set out detailed terms and conditions of vehicle rental agreements concluded in the car rental operating under the brand of Martina Cars.
2. The provisions hereof apply to all rental agreements concluded with Martina Cars, unless otherwise stated herein.

§2 Rental fees

1. The Rentee shall bear all the costs related to the concluded rental agreement or fees determined in the applicable rates of Martina Cars available on the website www.martinacars.pl and herein.
2. Arrears are calculated based on the interest rates:
– statutory interests for natural persons,
– statutory interests for delay in commercial transaction for business entities.

§3 Rental and return of a vehicle

1. The rental of the vehicle starts and ends according to the determined period of rental indicated in the rental agreement and hand-over report.
2. In case of doubts, the period of rental is confirmed in the hand-over report in which dates of the physical hand-over of the vehicle and its return are indicated.
3. Only persons indicated in the agreement are entitled to use the vehicle.
4. A Rentee can be a person who turned 21 on the day of the hand-over of the vehicle, has a permanent address, valid ID or passport and holds a valid driving license.
5. Martina Cars declares that the vehicle rented by the Rentee is in good technical condition and is prepared for a normal use.
6. The Rentee collects the vehicle clean inside and outside and undertakes to return the vehicle in the same condition.
7. Returning the vehicle dirty on the outside shall be fined with a fine of PLN 50.
8. Returning the vehicle dirty inside shall be fined with a fine of PLN 50.
9. The damages resulting from the improper use of the vehicle shall be removed at the expense of the Rentee.
10. The vehicle has five undamaged wheels. In case of the damage done by the Rentee to any of them during the rental, the Rentee shall be obligated to exchange it with a wheel with parameters equivalent to those of the damaged one at its own expense.
11. The rented vehicle is provided to the Rentee with full fuel tank. The Rentee refills the tank with fuel suitable for a given vehicle. If the vehicle is returned with not full fuel tank, the Rentee shall be charged with a fee for the missing fuel and costs of its refilling in the amount of PLN 300.
12. The Rentee shall be obligated to return the vehicle at the point Martina Cars during its opening hours or in other location and time determined in the rental agreement.
13. The vehicle shall be returned together with a set of documents and keys.
14. The Rentee may return the rented vehicle only to a person employed by Martina Cars.
15. Martina Cars reserves the right to the immediate collection of the vehicle from the Rentee at its expense in case of proving the latter to be using the vehicle contrary to the terms and conditions hereof.
16. Martina Cars shall not bear liability for the damages and claims of the Rentee which may appear in such case.
17. The period of rental is calculated based on 24-hours intervals and starts at the moment of making the vehicle available to the Rentee.
18. The extension of the rental by 30 minutes shall result in charging the Rentee for another day.
The rental agreement shall be drawn up for the maximum of 7 days. The extension of the rental period shall require the consent of Martina Cars.
19. The extension of the rental without the consent of Martina Cars shall result in revoking the full coverage policy and other insurance policies.
20. For rentals longer than 30 days, after the expiry of the period, a partial invoice is issued.
21. The final invoice is issued after the return of the vehicle to Martina Cars by the Rentee.
22. The form “Vehicle hand-over report” with the signatures affixed by the Rentee and a representative of Martina Cars upon the rental and return of the vehicle constitutes an integral part of the rental agreement.
23. The form “Any damages” shall be included in the Vehicle hand-over report by the Martina Cars representative and accepted by the Rentee.
24. Any objections to the technical condition of the vehicle, especially regarding visible damages of the vehicle, shall be raised by the Rentee on the day of the collection of the car.
25. The above provisions shall not exempt the Rentee of its rights under the provisions of the Act of 23 April 1964 – Civil Code.

§4 Return of a vehicle after office’s working hours

1. The return of the vehicle outside the working hours of Martina Cars shall not exempt the Rentee from the liability for the rented vehicle.
2. Such liability shall expire upon the inspection of the vehicle by a representative of Martina Cars.
3. In case of the lack of the confirmation of the reception of the vehicle by the representative of Martina Cars on the form “Vehicle hand-over report” and the statement on the damage of the car other that the one accepted by the Rentee upon the rental, the Party responsible for the damages shall be the Rentee.
4. The Rentee shall leave the rented vehicle on the parking lot determined by the Martina Cars. If the rental point is equipped with the so-called “vehicle return box”, the Rentee shall leave the keys, vehicle documents, rental agreement and parking entry ticket (if applicable) inside.
5. Leaving the keys and documents in the “vehicle return box” outside the office’s working hours shall not result in the termination of the rental agreement.
6. The Rentee’s liability for the rented vehicle shall expire upon the collection of vehicle documents and keys from the “vehicle return box” and the inspection of the vehicle by a representative of Martina Cars after opening the office.
7. The termination of the rental agreement shall take place after the collection of vehicle keys and documents, inspection of the vehicle and filling in the date and time of the return of the vehicle.
8. The date and time of the opening of Martina Car point on the next day after the return of the vehicle or the date and time indicated on the parking entry ticket shall be deemed the date and time of the return of the vehicle.

§5 Return of a vehicle outside Martina Cars point

1. The vehicle may be returned outside Martina Cars point upon a prior consent of Martina Cars.
2. The date and time provided by the Rentee to an employee of Marina Cars shall be deemed the date and time of the vehicle outside Martina Cars point.
3. Martina Cars shall be obligated to collect the vehicle within 24 hours from the reception of the information from the Rentee.
4. If Martina Cars does not collect the vehicle within the given period, any liability shall be transferred to Martina Cars.
5. The collection of the vehicle notified to Martina Cars by the Rentee on Saturday or Sunday may take place until 12 p.m. on Monday.
6. In such case, the Rentee shall bear the liability until that time.
7. If Martina Cars does not collect the vehicle until that time, it shall assume the liability for the returned vehicle.

§6 Payment terms and conditions

1. The amount of the vehicle rental fee is determined upon the commencement of the rental and is dependent on the price rate applied.
2. In case of the payment with credit card, Martina Cars shall validate the card before the commencement of the rental in the amount of the expected rental cost plus additional fees which may be applied in its course.
3. The account of the presented credit card shall be charged with total rental cost upon its termination, unless the Rentee presents alternative payment method.

§7 Booking and cancellation

1. Bookings shall be accepted for determined vehicle groups, not specific car models.
2. Martina Cars shall be obligated to guarantee the terms and conditions of the booking for 1 hour after the scheduled time of the rental of vehicle.
3. Martina Cars reserves its right to refuse to rent the booked vehicle for reasons not attributable to Martina Cars.
4. The cancellation of the booking shall be delivered to Martina Cars at least 24 hours before the scheduled rental. In case of the failure to fulfil this requirement, Martina Cars shall charge the Rentee with a part of lost profits.

§8 Terms and conditions of using the vehicle

1. General provisions
It is prohibited to use the rented vehicle:
a) by a person other than the Rentee, unless that person had been approved earlier by Martina Cars by indicating that fact in the field provided for in the rental agreement. Such person shall hold a valid driving license for at least one year and comply with the requirements of Martina Cars in the scope of minimum age for a specific car group.
b) if the Rentee or other driver of the car is under the influence of alcohol, hallucinogenic medicines, drugs or other substances debilitating its awareness and ability to react.
c) in contrary to customs and road legislation or other applicable legislation in the territory of Poland.
d) outside the territory of Poland without a notification of Martina Cars. It is not allowed to enter the following countries: Belorussia, Bulgaria, Croatia, Russia, Romania, Serbia, Montenegro, Ukraine, Moldavia and all non-EU members. In case of breaching the prohibition, the Rentee shall be charged with a penalty in the amount of PLN 6,000. Moreover, Martina Cars shall charge the Rentee with costs which may occur in connection with the lack of full coverage insurance (theft of the vehicle, road accident, etc.)
e) in races, rallies and competitions.
f) for the transportation of persons or goods in the form of sub-rental without the consent of Martina Cars.
g) for towing other vehicles, trailers or other objects.
h) for the transportation of flammable and hazardous substances, as well as toxic, corrosive, radioactive and other harmful substances.
i) for the transportation of objects which due to their smell or properties may cause the damage to the car and incur loss of time and money to Martina Cars until the vehicle may be rented again.
j) for the transportation of living animals (pets are allowed upon obtaining a prior written consent of Martina Cars).
k) if the roof rack and other additional elements of equipment are not provided by the Martina Cars.
i) for the operation on unpaved roads and roads the surface and condition of which may cause the damage to vehicle suspension, wheels and tires.
It is also prohibited to:
ł) smoke in the vehicle
m) introduce modifications and changes to the vehicle which are not compliant with its properties and intended use. In case of the breach of this provision, Martina Cars reserves its right to charge the Rentee with the costs of restoring the vehicle to its original condition in an authorised service point and with the payment for the loss of value of the vehicle related to introduced changes and loss of the warranty.

2. Liability of the Rentee
1. The Rentee shall be liable for road offences which were committed during the rental agreement period and which are related to the use of the rented vehicle by the Rentee.
2. The Rentee shall cover the costs related to fines, penalties, parking fees and city entry fees, etc. in full.
3. The Rentee agrees that the Martina Cars will make the personal data of the Rentee and the agreement available to the Police and other law enforcement and judicial authorities in cases resulting from the generally applicable law provisions.
4. The Rentee shall be obligated to the ordinary inspection of the indicators on the dashboard during the operation of the vehicle. In case of discovering an irregularity in the functioning of any of the elements, the Rentee shall be obligated to stop the vehicle immediately and contact roadside assistance or Martina Cars company.
5. While parking even for a moment, the Rentee shall be obligated to secure the vehicle by all possible measures. Leaving the documents and keys in the vehicle is prohibited and shall invalidate the insurance against theft of the vehicle.

§9 Damages, loss, theft

1. When the rented vehicle, during the rental agreement period, gets damaged, stolen or lost (in whole or in part), the Rentee shall bear the financial liability pursuant to the provisions of the Act of 23 April 1964 – Civil Code, and for the actual costs of the repair up to the value of the car.
2. If the Rentee accepts the terms and conditions of the additional insurance in the rental agreement, the liability of the Rentee in case of damage, theft and loss of the vehicle or its part may be limited to the actual repair cost, up to the excess indicated in the rental agreement, provided that the Rentee has not infringed any terms and conditions of the rental determined in the agreement and herein.
3. The Rentee may also waive such liability, provided it has accepted the additional insurance which exempts the Rentee from the financial liability for the damages to the car except theft and burning down. Nevertheless, if such damage is done intentionally as a result of negligence of the Rentee and while breaching these regulations, the liability of the Rentee is unlimited.
4. In case of the loss of the vehicle keys or documents by the Rentee, it shall be charged with additional fee in the amount of PLN 1,500.
5. If the Rentee causes an accident and runs away or it does not fulfil its duties determined herein and in the law provisions, it shall bear full liability for the damages (to property and persons).
6. If the Rentee transports animals with the rented vehicle, it shall bear full liability for damages which deviate from the standard wear and tear of the vehicle.
7. Any attempts to use the vehicle beyond the period determined in the rental agreement and herein without the prior notification of Martina Cars shall be treated pursuant to the Art. 278 Criminal Code as unlawful taking, and thus the relevant judicial authorities shall be notified in order to initiate the prosecution.

§10 Accidents, thefts

1. In case of accident or theft, the Rentee shall immediately notify the Police and Martina Cars.
2. The Rentee shall not have the right to agree to the claims of the other party. The Rentee shall immediately notify Martina Cars of any damages of the vehicle.
3. If the Rentee acted according to the provisions of the rental agreement, Martina Cars shall make every effort to exchange or repair the rented vehicle.
4. A new rental agreement shall be concluded while exchanging the vehicle.
5. Martina Cars shall not bear any liability for the losses or damages of the Rentee, including the loss of profits.
6. Even in case of minor damages, the Rentee shall be obligated to hand over to Martina Cars a written report with a situation drawing.
7. Especially the accident report shall include names and addresses of involved persons and witnesses of the accident, as well as the plate numbers of vehicles involved in the accident.
8. In case of damage or theft of the vehicle, the rental agreement shall be terminated on the day of the notification of Martina Cars or Police on the damage or theft of the rented vehicle by the Rentee.

§11 Protection of personal data

1 Personal data provided by the Rentee shall be processed for the purpose of execution of the agreement and for marketing purposes related to the promotion of Martina Cars services, and the Rentee shall give its consent to it.
2. The Rentee declares that it has been informed about the right to access and amend personal data provided to Martina Cars.
3. The Rentee also declares that it has been informed that providing personal data is necessary for the conclusion and execution of the rental agreement.
4. The Administrator of the Personal Data is KB Consulting with its seat in Wrocław.

§12 Liability of Martina Cars

1. Martina Cars shall be liable only for the losses or damages incurred by the Rentee and third persons relating to the rented vehicle or its use, if the losses or damages were the result of the fault of Martina Cars. In any other case, Martina Cars shall not bear the liability, and the Rentee shall not make Martina Cars liable for such claims.
2. Martina Cars shall not bear any liability for the theft, damage or loss of value of any objects transported or left in the vehicle.
3. The Rentee shall not bear the liability for the objects left or transported by the Rentee in the vehicle, especially for the objects of collectors’ value transported by the Rentee.

§13 Civil liability insurance

Martina Cars provides the insurance in compliance with the civil liability insurance policy only to the persons who use a vehicle upon its consent.

§14 Additional insurance of the vehicle

1. The Rentee shall be obligated to make a payment according to the currently applicable rate. If the Rentee does not buy the insurance, Martina Cars has the right to refuse to conclude the vehicle rental agreement.
2. Additional insurance shall not exempt the Rentee from the full financial liability in case of severe negligence or intentional breach of the terms and conditions of the rental, law provisions or terms and conditions of the insurance.

§15 Final provisions

1. Any disputes which may arise in connection with the concluded rental agreements shall be resolved by the Parties by negotiation. In case of failure to reach an agreement, the disputes shall be submitted to the common court having the jurisdiction over the seat of Martina Cars.
2. The Regulations shall become effective on 19 June 2017.