Regulations

REGULATIONS OF CAR RENTAL IN VAN FLEET EUROPE OÜ

1. General provisions

1.1.    These Rental Regulations (“Regulations”) were issued by VAN FLEET EUROPE OÜ, Tornimae 5 Street, 10145 Tallinn, Estonia, T: +372 53 44 9999, VAT no.: EE101943383, Registration CODE:14172710, KMKR ( VAT No. ) EE101943383.

1.2. The Regulations specify the terms and conditions of rental of motor vehicles for the Renting Party’s customers (“Renter” or “Customer”). In case of conflict between the Rental Agreement and the Regulations, provisions of the Rental Agreement shall prevail. Price List (“Price List”), constituting Appendix to the Regulations, is an integral part of the Rental Agreement and these Regulations.

1.3. In case of the vehicle’s breakdown, defect, need of service or in other matters associated with the rental, the Renter shall be obliged to immediately notify the Helpdesk using infoline: +372 53 44 9999 and within 48 hours using e-mail address: info@vanfleet.lv specifying the subject of the notification and later follow the instructions of the Helpdesk.

2. The Renter and the right to drive a vehicle

2.1. The vehicle renter or a person authorized to drive a vehicle may be:

2.1.1. a natural person who (I) is at least 21 years and will present: (II) valid identity card or valid passport in case of a foreigner, (III) a driving license recognized in the territory of the Republic of Poland and valid for at least 1 year, (IV) valid credit card or a document confirming employment, (V) current certificate confirming the conduct of business activity – it concerns persons conducting business activity as self-employed persons

2.1.2. a legal person who will: (I) present the current KRS No., (II) indicate the person authorized to drive the vehicle meeting the requirements specified in item 2.1.1. (I) (II) (III).

2.2.    Should the Renter or a person indicated in the Rental Agreement as a person authorized to drive (“driver”) fail to meet the requirements of 2.1.1., and should the vehicle be made available to a third party, not indicated in the Rental Agreement, without a written consent of the Renting Party, the Renting Party shall be entitled to immediately withdraw from the Rental Agreement and enforce contractual penalties specified in the Regulations and the Price List.

2.3.    The liability of the Renter and the driver resulting from the Rental Agreement is joint and several. The Renter shall be liable for any damage caused by making the vehicle available to a third party. Whenever these Regulations refer to the Renter, it should also be understood as a driver.

3. Ordering and picking up of the vehicle

3.1. Picking up of the vehicle by the Renter as well as its return shall take place on the basis of the Pick-up/Return Protocol. From the date of picking up to the date of returning the vehicle, the Renter assumes strict liability for all risks related to the vehicle.

3.2. The beginning of the rental period begins on the date specified in the vehicle order or in the Rental Agreement, or on the date of the actual pick-up of the vehicle by the Renter specified in the Pick-up/Return Protocol, whatever date occurs earlier.

4. Renter’s obligations

4.1. The Renter shall be obliged to use the vehicle in accordance with its purpose and the Regulations, Rental Agreement, provisions of the policy, general terms and conditions of vehicle insurance and their changes, in the conditions provided for normal use and to take due care of the rented vehicle and its cleanliness, to maintain it in a non-deteriorated condition (taking into account normal wear and tear), to perform all the activities necessary for the correct and lawful use of the vehicle and to provide maintenance services for the rented vehicle in accordance with the terms and conditions of the Agreement and to allow the Renting Party to control the technical condition and perform periodical inspections of the vehicles subject to rental. The Renter shall be obliged to familiarize itself with the aforementioned documents and to provide the Renting Party with a written declaration confirming the familiarization with these documents and compliance with the above obligations. In particular, the Renter shall be obliged to:

4.1.1. comply with the traffic regulations

4.1.2. secure the vehicle and its equipment against theft, in particular by always closing the vehicle, by actuating all anti-theft and alarm devices and carefully securing documents and keys outside the vehicle

4.1.3. use the type of fuel in the vehicle according to the engine specification given in the vehicle registration card and the technical documentation

4.1.4. check, maintain the correct level of and change fluids in the vehicle (engine oil, transmission oil, brake fluid, radiator fluid, windscreen washer, etc.)

4.1.5. check and maintain the proper tire condition and pressure, tire vulcanization and to repair, replace or purchase tires due to damage caused by improper use or for mechanical reasons (puncture, cutting, uneven wear and tear)

4.1.6. check the operation of the lights on the vehicle, maintain them in a proper condition, and replace the bulbs

4.1.7. replace wiper blades

4.1.8. maintain the proper cleanliness of the vehicle

4.1.9. observe the vehicle’s instructions and warranty conditions

4.1.10. control the mileage in order to perform warranty and post-warranty inspections in accordance with the vehicle’s register and service plan and to inform the Renting Party about the date of the inspection

4.1.11. check the validity of technical inspections and inform the Renting Party about the date of the inspection

4.1.12. perform warranty and post-warranty inspections on time and in accordance with the vehicle service plan and to perform repairs and technical examinations only in the car services indicated by the Renting Party and exclusively on the territory of Poland

4.1.13. purchase Assistance insurance in foreign traffic at its own expense in case of the Renting Party’s consent to travel abroad.

4.2. The vehicle Renter shall not have the right to:

4.2.1. use the vehicle for other than its intended purposes and in a manner likely to cause excessive wear and tear or damage to the vehicle, including sports competitions, races, rallies, driving lessons, and contrary to applicable legislation

4.2.2. provide transport services for the carriage of passengers and goods, tow other vehicles, trailers or other equipment with the use of the vehicle being subject to rental

4.2.3. exceed the permissible load capacity of the vehicle or to transport more persons than permitted and to transport animals

4.2.4. make any changes to the vehicle

4.2.5. smoke in the vehicle

4.2.6. transport dirty, corrosive, sharp-edged and other materials likely to cause corrosion, damage, destruction or contamination of any part of the vehicle

4.2.7. sub-rent, lend the vehicles or give vehicles to third parties on the basis of other legal relationships, without a written consent of the Renting Party

4.2.8. use the vehicle if the vehicle may pose a risk to road safety or if the vehicle is in a condition in which its further use may cause further damage to the vehicle, until elimination of such obstacles.

4.3.Movement of the vehicle outside the territory of the Republic of Poland is allowed to the territory of all countries of the European Union after prior written notification of the date of departure, return and payment of an additional administrative fee with the exception of countries to which the entry restrictions apply (Romania and Bulgaria). Travel to other countries is permitted upon prior written consent of the Renting Party and after payment of an additional fee related to the necessity to take out additional insurance of the vehicle.  In case of travels abroad, the scope of services provided by the Renting Party and the Renting Party’s liability are limited. In case of traveling abroad without the written consent of the Renting Party, the Renter will be charged with full costs, including costs of repairs and towing of vehicle.

5. Vehicle return

5.1. The Renter shall be obliged to return the vehicle in a timely manner, in a place agreed upon with the Renting Party, in a complete, non-deteriorated state resulting from normal wear and tear, clean and with the same amount of fuel as received during the vehicle pick-up, remove from the vehicle any marks placed on the vehicle by the Renter, including its company marks, etc., to restore the paintwork to its original state and to verify the state of the returned vehicle together with the Renting Party’s representative.

5.2. The Renter shall bear the costs of returning the vehicle in a place other than the one specified in the Agreement and outside the working hours of the Renting Party according to the Price List. In case of leaving the vehicle inoperative or damaged, the Renter shall bear the cost of towing the vehicle in accordance with the Price List.

5.3. The rental period may be extended only with the consent of the Renting Party. The intent to extend the rental period should be notified to the Renting Party on the working day at least 12 hours in advance by e-mail, fax or directly at the Renting Party’s service point. The Renter cannot extend the rental period without paying the fee for extension. If the Renter does not obtain the Renting Party’s consent for the extension of the rental period or does not pay the fee for extension, the vehicle will be reported to the police as stolen, and the Renter will pay a contractual penalty according to the Price List for each additional day of non-contractual use of the vehicle after the expiry of the rental period.

5.4.  No extension of the rental period and no return of the vehicle after the lapse of 12 hours from the end of the rental period shall be reported to the Police and treated as an appropriation of the vehicle by the Renter.

5.5. In case of delay in returning the vehicle without the Renting Party’s consent, the Renting Party shall be entitled to collect the vehicle from any place and to charge the Renter with full costs connected with it.

5.6. The Renting Party shall have the right to terminate the Rental Agreement without observing the notice period, if the Renter violates the provisions of any agreement concluded between the parties or the Regulations, and in particular uses the vehicle contrary to their provisions and has not made a timely payment twice or if the delay of any payment or part thereof exceeds 14 days.

5.7. In case of termination of or withdrawal from the Rental Agreement by the Renting Party, the Renter shall be obliged to return the vehicles to the place specified in the Rental Agreement or the nearest Renting Party’s point or any other place indicated by the Renting Party within no more than 3 hours and to inform the Renting Party about the current place of vehicles’ parking.

5.8. In case of termination of the Rental Agreement without notice or withdrawal from the Agreement by the Renting Party, the Renter shall be obliged to pay a contractual penalty in the amount of 50% of the remaining fees for rental of the vehicle.

5.9. Termination and withdrawal from the agreement shall require a written form and should be delivered to the other party via registered letter

6. Maintenance service, inspections, failures

6.1. Any failures, inspections, maintenance services and other should be reported by the Renter to the Helpdesk’s infoline specified in item 1.

6.2. The Renter’s duties include notifying the Renting Party about the inspection dates as well as timely and correct performance of warranty and post-warranty inspections – the Renter shall bear full responsibility any irregularities in their performance. In case of failure to make the vehicles available for inspections or making vehicles available after the deadline or with a higher mileage, the Renter shall be charged full costs of inspection and a contractual penalty in accordance with the Price List, as well as full compensation in the event of damage incurred by the Renting Party due to delayed inspection, e. g. warranty loss.

6.3. Neither the Renter nor any of its representatives shall have the right to perform or order the performance of any work in the vehicle without a written or electronic (e-mail) consent of an authorized representative of the Renting Party or to make any declarations in the name and on behalf of the Renting Party or to sign invoices for service stations or vehicle towing. The Renter shall bear the costs associated with such actions.

6.4. The above shall not free the Renter from the obligation of reporting the damage and assuring active participation in the loss elimination process. This provision of the Regulations shall be applicable also to loses resulting from a road accident or theft of a vehicle.

6.5. Assistance service of the vehicle’s manufacturer shall not exempt the Renter from the obligations specified above.

7. Vehicle theft and damage

7.1. In case of the road accident or theft, the Renter shall be obliged to ensure a proper report of the damage and to act in accordance with the terms and conditions of the insurance, and in particular it is obliged to:

7.1.2. call the Police to the place of the event and inform the Helpdesk

7.1.3. request the Police to draw up and issue a report (memo) from the accident place, including: a full description of the circumstances, data of the person who caused the accident – driving license number, identity card number, the number of the third party liability policy and the name of the perpetrator’s liability insurance company, full details of the witnesses of the accident and a detailed description of the event, to obtain a written confirmation of the consequential losses by the perpetrator, and to immediately forward this data and the certificate to the Helpdesk and the insurer along with a photocopy of its own driving license and identity card

7.1.4. return the keys, keyfob, vehicle’s documents and insurance policy to the Renting Party

7.1.5. take all necessary measures to prevent further damage, in particular to protect the vehicle and not to leave it unattended and to protect evidence intended to identify the perpetrator

7.1.6. immediately report the damage to the insurer and provide it with all necessary information about the event

7.1.7. follow the instructions of the Helpdesk

7.1.8. return the replacement vehicle at the latest on the day following the notification on the repair completion by the service station

7.1.9. Neither the Renter nor any of its representatives shall have the right to order the performance of any work in vehicles without a written or electronic (e-mail) consent of an authorized representative of the Renting Party or to make any declarations in the name and on behalf of the Renting Party or sign invoices for service stations or vehicle towing.

7.2. In case of vehicle damage or theft, the Renter shall bear the contractual penalty specified in the Price List.

8. Renting Party’s obligations

8.1.   If possible, in case of immobilization of the rented vehicle for a period longer than 24 hours, the Renting Party shall provide the Renter with a replacement vehicle.

8.2. The replacement vehicle shall not be made available in case of:

8.2.1. loss of the vehicle registration card or insurance policy or keys or keyfob and latching of keys or keyfob inside the vehicle

8.2.3. immobilization of the vehicle due to fuel shortage, use of the improper fuel

8.2.4. immobilization of the rented vehicle outside the territory of Poland

8.2.5. mechanical damage to tire

9. Payments, deposits

9.1. Prices of daily rates and the amount of deposits, fees for exceeding the millage limit, additional equipment and other fees to be paid by the Renter are specified in the Rental Agreement, the Price List and on the Renting Party’s website: www.vanfleet.lv. In case of price changes during the term of the Agreement, the Renter shall be bound by the rates valid at the day of conclusion of the Agreement. The Renting Party reserves the right to deduct the receivables arising from the use of the vehicle by the Renter from the amount of the deposit. The unused deposit shall be returned without interest.

9.2. The rent is calculated daily for each day started. The Renter is obliged to pay the rent for each subsequent day in case of returning the vehicle with a delay exceeding 1 hour after the agreed time. Rental fee and additional charges are not refunded in the event of a vehicle being returned earlier.

9.3. Rental fees shall be collected for the entire rental period in advance according to the rate valid on the day of placing the order, unless the parties agree otherwise.

9.4. The Renter shall be charged with any costs related to transfers, including international transfers.

9.5. The Renter authorizes the Renting Party to issue VAT invoices without the recipient’s signature relating to all payments associated with agreements concluded by the parties.

9.6. For the delay in payments, the Renter shall be obliged to pay contractual interest in the amount of 0.8% of the unpaid amount for each day of delay.

10. Price List and contractual penalties

10.1. In case of occurrence of an event specified in the Price List, irrespective of the amount of damage and fault of the Renter, the Renter shall be obliged to pay the Renting Party a fee in accordance with the current Price List constituting an Appendix to these Regulations.

10.2. In case of a damage not specified in the Price List and not covered by the insurance policy, the Renter shall reimburse to the Renting Party the actual costs of removing such damage in full amount.

10.3. The Price List may be subject to changes due to the increase of costs of liquidation of damages specified in the Price List, and also in relation to the necessity of introducing new fees not covered by the Renting Party’s remuneration. In case of changing the fees during the Agreement, the Renter shall be bound by the prices valid at the day of conclusion of the Agreement.

10.4. If the amount of the contractual penalty or a fee in accordance with the Price List payable to the Renting Party reserved in these Regulations or in any rental agreement does not cover a particular damage, the Renting Party may demand, in addition to the contractual penalty or fee, an additional compensation, in order to cover the full amount of the damage.

11. Renter’s liability

11.1. The Renting Party reserves the right to charge the Renter with the costs of:

11.1.1. repairs and full coverage of the damage by the Renter in case of damage caused by failure to comply with the provisions of the Rental Agreement or the Regulations

11.1.2. repair, replacement or reconstruction of lost or damaged components of vehicles, belongings, equipment and other movables as well as the documents transferred to the Renter by the Renting Party, including: hulls, keys, keyfobs, vehicle registration card, documents confirming the conclusion of insurance, registration plates and others

11.1.3.   damage to vehicle interior, tires, rims, mirrors, wipers, antennas, permanent stains

11.1.4. restoration of the vehicle to its original state in connection with the destruction of the vehicle, exceeding the normal wear and tear of the vehicle and changes in the vehicle made by the Renter

11.1.5. repair of damage caused by improper use of the vehicle, damages not covered by insurance policy and liquidation of other damages

11.1.6. removal of defects not reported to the insurer or reported when, despite reporting the damage to the insurer, the Renting Party will/did not obtain compensation from the perpetrator’s insurance company or from the damage perpetrator under the perpetrator’s civil liability policy

11.1.7. costs necessary for performance of activities specified in item 5.1. due to the Renter’s failure to perform them, whereby the fuel shortages are filled by the Renting Party, according to fuel prices from the Price List currently in force at the gas station used by the Renting Party

11.1.8. damages not included in the repair calculation, if the parties have agreed that vehicles will not be tested on the lift when returned

11.1.9. costs incurred by the Renting Party in connection with collection of vehicles in the event of a lack of voluntary return of vehicles by the Renter

11.1.10. fees specified in the Price List, provided they have not already been paid by the Renter

11.1.11. damages caused as a result of lack of notification of the Renting Party about the occurrence of circumstances covered by the guarantee and warranty, in particular related to the loss of the guarantee or warranty on this account.

11.2. The amount of compensation, the costs of repair and liquidation of damages as well as the prices of spare parts are calculated based on the calculations of repairs made in Audatex, Eurotax or other similar program according to the hourly rates and to the price lists valid with the authorized vehicle dealer. The damages specified in the Price List shall be settled in the amount indicated in the Price List, without the need for their additional pricing.

11.3. The Renter shall be charged with the costs specified in these Regulations and the Rental Agreement immediately after the vehicle has been returned by the Renter or after receiving the insurer’s decision on refusal to pay compensation, whereas with regard to hidden damages the charge of costs may take place at a later date.

11.4. Rented vehicles are covered by the standard collision, comprehensive and third party insurance. This insurance does not cover all damages and therefore the Renter and the driver shall be obliged to read the policy and the general terms and conditions of the insurance.

12. Final provisions

12.1. The Renting Party shall not be held liable if the Renter cannot use the vehicles due to activities concerning registration and release of vehicles into service, performance of technical tests, etc., or as a result of the vehicle’s breakdown, damage, accident or collision, unless the inability to use the vehicle results from the Renting Party’s willful misconduct.

12.2. The Renter agrees to recording of telephone calls in order to ensure security of transactions made under these Regulations and the Rental Agreement.

12.3. The Renting Party’s points are open:
on working days from Monday to Friday from 10:00 a.m. to 06:00 p.m.

12.4. Any disputes related to the Rental Agreement shall be settled by a court having jurisdiction over the Renting Party’s seat.

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