Terms and Conditions

General Terms and Conditions of Use of ENGO Rental Services (hereinafter: "Terms and Conditions")

 

Last updated: September 22, 2023

All Tenants and Vehicle Users are required to read and accept these Terms and Conditions and the Privacy Policy posted on the website www.engocars.com

 

1. INTRODUCTION

1.1. These Terms and Conditions define the general terms and conditions of Vehicle rental concluded between ENGO CARS SP. Z O.O. with its registered office in Warsaw, at ul. Konstruktorska 12A, 02-673 Warsaw, entered into the register of entrepreneurs by the District Court for the capital city of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, under the KRS number: 0000571338, with the NIP number: 5213704348, REGON: 362323949 and any tenant.

1.2. In the event of the need for service, breakdown, damage, road collision or theft of the Vehicle, the lessee and/or user is obliged to immediately and effectively notify ENGO CARS SP. Z O.O. and follow the instructions received from ENGO CARS SP. Z O.O. In the event of any questions, the lessee and/or user may contact:

ENGO Customer Support: +48 22 308 00 01, support@engocars.com

 

2. DEFINITIONS

The terms used in these Regulations mean:

2.1. Regulations – means these Regulations, posted on the Lessor's website, constituting, together with the Price List, an integral part of the Rental Agreement;

2.2. Lessor, ENGO – means ENGO CARS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Warsaw at ul. Konstruktorska 12A, 02-673 Warsaw, entered into the Register of Entrepreneurs maintained by the District Court for the capital city of Warsaw, 13th Commercial Division of the National Court Register, under KRS number: 0000571338, NIP number: 5213704348, REGON: 362323949;

2.3. Lessee, Customer – means the party to the Rental Agreement concluded with ENGO, as well as the person who made the reservation of the Vehicle. Customers may be individual customers and business customers/entrepreneurs;

2.4. Parties – jointly the Lessor and Lessee (each of them separately: "Party");

2.5. User – means the Lessee and any natural person indicated by the Lessee in the content of the Rental Agreement as the person authorized to drive the Vehicle or the person to whom the Lessee has actually entrusted driving the Vehicle. ENGO may request at any time that the Client identifies themselves and any indicated natural person using the authentication process selected by ENGO and that they provide proof of possession of the required driving license by each of the above persons;

2.6. Vehicle, Car – means the car or cars made available to the Lessee or User by ENGO as part of the rental service, meeting the following conditions:

2.6.1. are in good technical condition, equipped with the necessary security measures, have valid technical inspections and are prepared for use in accordance with their properties and intended use;

2.6.2. are insured in the scope of compulsory civil liability insurance (OC) for vehicle owners, referred to in the Act of 22 May 2003. on compulsory insurance, the Insurance Guarantee Fund and the Polish Motor Insurers' Bureau (consolidated text: Journal of Laws of 2022, item 2277, as amended);

2.7. Rental Agreement – ​​means an agreement regarding the use of the Vehicle, concluded between the Lessee and the Lessor on the terms described in these Regulations;

2.8. Services – means the rental of a Vehicle, with selected additional equipment and additional services, provided to the Lessee or Users indicated by the Lessee, both for private purposes and for the purposes of their business activity, as well as additional services offered by ENGO;

2.9. Price List – means the price list of services located on the Lessor's websites or otherwise communicated to the Lessee, which, together with the Regulations, constitutes the basis for calculating the Lessor's remuneration for services provided to the Lessee and the User or fees resulting from the Lessee's and the User's failure to comply with the obligations resulting from the Regulations. The Lessor reserves the right to apply temporary promotions or discounts for the Services offered;

2.10. Normative Wear and Tear - means wear and tear resulting from proper use of the Vehicle during the Rental Period, determined on the basis of an expert examination, an authorized Vehicle service center or another entity specializing in car repairs or car detailing, as well as on the basis of the Vehicle Return Guide of the Polish Rental and Leasing Association.;

2.11. Civil Code - means the Act of 23 April 1964 - the Civil Code (consolidated text: Journal of Laws of 2022, item 1360, as amended).

 

3. GENERAL PROVISIONS

3.1. The Lessor transfers the Vehicle, described in detail in the Rental Agreement and in the handover document, to the Lessee for use in return for payment, on the terms described below and in the content of the Rental Agreement, and the Lessee will pay the rental fee (rent) and other fees, if any. The Lessee is obliged to pay for any extensions of the rental period, including those agreed with ENGO. By concluding the Rental Agreement, the Lessee accepts the terms that form the basis of the rental relationship between the parties. The terms accepted by the Lessee will also apply in the event of the exchange of the Vehicle during the term of the Rental Agreement.

3.2. The term of the Rental Agreement is specified in the Rental Agreement (number of monthly periods) and is set as a fixed minimum rental period ("Fixed Term") or a flexible rental period ("Flex Term"). In the case of a fixed rental period, the Rental Agreement ends automatically after the agreed period. In the absence of any other arrangements between the Parties, after the end of the period specified in the Rental Agreement, the agreement automatically transforms into an indefinite term agreement ("Flex Term"), renewed for subsequent monthly billing periods. ENGO will charge fees in accordance with the terms and conditions specified in the Rental Agreement, in the billing cycles indicated in this agreement. In the case of a flexible rental period, the Rental Agreement may be terminated in text form at the end of each monthly billing period, but not earlier than after the end of the minimum rental period. The above provisions do not release the Lessee from the obligation to pay any fees, including for the use of the Vehicle, excess mileage above the limit, or other fees that the Lessee is obliged to pay. The above does not limit ENGO's rights to terminate the Rental Agreement and demand the return of the Vehicle, in accordance with the provisions of point 6 of the Regulations.

3.3. The Lessee is obliged to return the Vehicle on time in a condition no worse than the one in which the Vehicle was received, taking into account the Standard Wear and Tear of the Vehicle. The Lessee should thoroughly check the condition of the Vehicle upon receipt. The Lessee is responsible for the Vehicle throughout the rental period. In the event of fulfillment of the conditions constituting the basis for payment, the Lessee is obliged to cover the costs of theft and damage to the Vehicle, fees for specialist cleaning, towing, parking, road fines and other administrative and handling fees, if this results from the Regulations.

3.4. Vehicles may be equipped with telematics systems that enable the Vehicle’s location to be determined in the event of theft, failure to return the Vehicle to the Lessor, accident, breakdown or other similar events.

 

4. SUBJECT OF THE RENTAL AGREEMENT, PAYMENT METHOD

4.1. The subject of the Rental Agreement is the provision of Services by the Lessor to the Lessee.

4.2. The Rental Agreement specifies the rights and obligations of the Lessor and the Lessee. Issues not regulated in the Rental Agreement are specified in these Regulations and the provisions of generally applicable Polish law, including the Civil Code.

4.3. ENGO, in accordance with the contractual arrangements, will provide the Customer with a Vehicle for use. This includes ensuring that the Vehicle is roadworthy, including the safety equipment required by law, taxes and vehicle registration fees, and third party liability insurance.

4.4. Providing all types of operating fluids (washer fluid, fuel, electricity, AdBlue), paying road tolls and costs for administrative offences committed with the Vehicle does not constitute the provision of Services. The Customer undertakes to regularly check the required operating fluids and tire pressure of the Vehicle and correct them at their own expense, taking into account the operating instructions of the given Vehicle. In the event of improper operation of the Vehicle by the Customer, resulting in additional costs of repairs and/or maintenance of the Vehicle, reduction of the Vehicle's value or loss of the manufacturer's warranty, the costs and fees in this respect shall be borne by the Customer.

4.5. When booking a Vehicle, ENGO reserves the right to make the provision of Services dependent on the establishment of additional security in the form of an increase in the amount of the required deposit to secure claims against the Customer and the right to refuse to provide the Service. In particular, this applies to the Lessee or User who has held a driving license for less than 24 months from the date of issue or who has not paid any dues to the Lessor in the last 5 years or whose driving license has been suspended in the previous 5 years or who has lost such licenses or against whom bankruptcy or restructuring proceedings have been initiated or bankruptcy has been declared in the last 5 years.

4.6. The conclusion of the Rental Agreement means consent to charge the Lessor's payment card with all costs related to the rental of the Vehicle. Before the commencement of the Service, the Lessor authorises the deposit on the Lessee's payment card (blocks funds in the amount of the deductible specified in the Rental Agreement or during the online booking), among others, to cover any deductible in damage or additional fees that may occur during the term of the Rental Agreement. The deposit is returned immediately after the correct completion of the Rental Agreement and the full settlement of the Rental Agreement, in accordance with the deadline resulting from the procedures of the bank issuing the payment card. The Lessor is not responsible for the procedures of the bank issuing the payment card, including the deadlines for the return of deposits by this bank.

4.7. The release of the deposit does not mean that the Lessor has waived any claims against the Lessee. The excess does not apply if the loss or damage to the Vehicle results from intentional action, fraud, gross negligence or omission or intentional breach of the provisions related to the use of the Vehicle. In the event that it is not possible to apply the excess settlement, the Lessor reserves the right to pursue claims in court against the Lessee - up to the full amount of ENGO's damage.

4.8. The Lessor is entitled to charge the Lessee with unpaid amounts due to the Lessor resulting from the Rental Agreement, the Price List and these Regulations.

4.9. The liability of the Lessee and the Users is joint and several. The Lessee is responsible for compliance with the Regulations by all additional Users included and not included in the Rental Agreement and passengers traveling together with the Vehicle, including all costs and fees incurred in connection with the failure to comply with the Regulations by additional Users or passengers.

4.10. Unless otherwise specified by the Parties during the booking process, ENGO may accept payments from the Client by SEPA Direct Debit. In this case, the Client must establish a SEPA Direct Debit agreement in favour of ENGO. The Client authorises ENGO to use SEPA Direct Debit to cover all fees, deposits and other payments incurred under the rental relationship between ENGO and the Client.

 

5. AUTHORITIES TO DRIVE A VEHICLE, CONCLUSION OF A RENTAL AGREEMENT

5.1. The Lessee may be:

5.1.1. a natural person (acting on their own behalf or an entrepreneur who concludes a Rental Agreement within the scope of their business activity),

5.1.2. a legal person or an organizational unit referred to in Article 33 [1] of the Civil Code.

5.2. The Vehicle Driver may only be a natural person indicated in the Rental Agreement (main driver). Another natural person may be the Vehicle Driver only if they are indicated in the Rental Agreement (as an additional driver) and a fee is paid for this according to the current Price List.

5.3. Possession of an international driving license is mandatory for Lessee and Users who hold a driving license issued in countries not listed in the Convention on Road Traffic, drawn up in Vienna on 8 November 1968 (Journal of Laws of 1988, No. 5, item 40).

5.4. The Vehicle Driver must meet the following criteria for the indicated vehicle class:

5.4.1. Class A, B, small, city segment - a person who has reached the age of 21, has held a category B driving license for at least 1 year;

5.4.2. Class C, compact segment - a person who has reached the age of 23, has held a category B driving license for at least 2 years;

5.4.3. Class D, E, M, family, premium segment - a person who has reached the age of 25, has held a category B driving license for at least 3 years;

5.4.4. Class J, SUV, VAN – a person who is over 25 years old, has held a category B driving license for at least 3 years;

5.4.5. Class F, S, H, luxury, sports, convertible segment – ​​a person who is over 28 years old, has held a category B driving license for at least 5 years;

5.4.6. Delivery vehicles (up to 3.5 tons) – a person who is over 25 years old, has held a category B driving license for at least 3 years.

5.5. The requirements referred to in points 5.2 – 5.4. above, apply throughout the term of the Rental Agreement. In the event that the Lessee and/or User fail to meet the requirements indicated in points 5.2 – 5.4. above, the Lessor shall be entitled to terminate the Rental Agreement with immediate effect.

5.6. The Lessee is obliged to present to the Lessor, at the latest upon conclusion of the Rental Agreement, documents confirming fulfilment of the requirements referred to in points 5.2 - 5.4 above. The above means that in the event of indicating a person other than the Lessee as the driver, the Lessee is also obliged to present documents of that person, including a driving licence.

5.7. To conclude the Rental Agreement and to hand over the Vehicle, two documents confirming the identity of the Lessee, who is a natural person, are required, and in the case of entrepreneurs and legal persons - respectively: a printout from CEIDG or information corresponding to a current extract from the National Court Register and two identity documents of the person/persons authorised to represent the legal person.

5.8. The Lessee, being a consumer, agrees that the Lessor may obtain information regarding the Lessee's creditworthiness and credit risk assessment from business information offices operating under the provisions of the Act of 9 April 2010 on the provision of business information and the exchange of business data (consolidated text: Journal of Laws of 2023, item 528). The Lessor has the right to refuse to conclude the Rental Agreement if the business information office provides information regarding the Lessee's creditworthiness that will undermine the Lessee's credibility and financial capabilities, and to immediately terminate the Rental Agreement if such information is provided after the conclusion of the Agreement.

5.9. The Lessee shall bear full responsibility for the Vehicle, including for their own actions and omissions and those of the User and other persons referred to in point 5.10 of the Regulations - from the moment of handing over the Vehicle until the moment of receiving the Vehicle by the Lessor, based on the handover protocol.

5.10. The Lessee shall be fully liable for damages caused by third parties to whom he has entrusted the Vehicle during the term of the Rental Agreement, as well as for any breach by such persons of the provisions of the Regulations and the Rental Agreement.

5.11. Failure to report a driver other than the Lessee may result in the insurance company not being liable for damages that occurred during the term of the Rental Agreement and the Lessee being obliged to cover them in full based on a cost estimate prepared by an authorised service/property appraiser.

 

6. VEHICLE RESERVATION, CANCELLATION, VEHICLE ITEM AND RETURN, TERMINATION MODES OF THE RENTAL AGREEMENT

6.1. ENGO's offer is presented online on the website www.engocars.com. In order to conclude a rental agreement, it is necessary to register and create an individual user account ("User Account") by providing the main e-mail address and selecting a password, and then filling in the required personal and/or company data and payment method. The Customer acknowledges that registration alone does not give any right to reserve and rent the Vehicle. The Lessee is obliged to make a reservation of the selected Vehicle by placing an order via the online reservation platform. In the reservation, the Customer and ENGO establish a preliminary and non-binding delivery date, on which the reserved Vehicle is to be delivered by ENGO or a third party acting on behalf of ENGO to the desired address of the Customer. ENGO's obligation to provide the vehicle does not apply if ENGO does not confirm the reservation or informs about the unavailability and special risks associated with the order. In such a case, ENGO will propose an alternative available car for the waiting time. The agreed rental period begins at the time of handing over the vehicle to the Lessee based on the handover protocol.

6.2. The Lessee may cancel the reservation-order up to 3 days. In the event of cancellation after this period, ENGO reserves the right to charge a fee calculated in accordance with the Price List, as an administrative cost.

6.3. The Lessee may cancel the reservation up to 3 days before the planned start of the Service. In the event of cancellation after this period, ENGO reserves the right to charge a fee calculated in accordance with the Price List, towards administrative costs and the loss of the possibility of renting the Vehicle to another User.

6.4. The Lessee receives a Vehicle in full technical condition, without defects or any damage (all comments regarding the technical condition, internal and external appearance and any noticed damage are included in the Vehicle Handover Protocol, which is an integral part of the Rental Agreement). ENGO may propose a different way of describing any comments regarding the Vehicle (another document), including using dedicated electronic equipment). Any comments regarding the condition of the Vehicle, its external and internal appearance or damages should be reported to the Lessor at the time of collection of the Vehicle and included in this Protocol or another document.

6.5. If it is impossible to deliver the Vehicle in accordance with the reservation confirmed by the Lessor, the Lessor will provide the Lessee with a Vehicle of the same or higher class - applying the same rate for which the reservation was made. The change described in the preceding sentence does not constitute a failure to perform or improper performance of the Rental Agreement by the Lessor.

6.6. The Lessee is obliged to return the Vehicle with a complete set of documents and equipment, at the place and time specified in the Rental Agreement. If the date and/or place of return have not been specified in the agreement, the Lessee will agree on the date and place of return of the Vehicle with ENGO or a person indicated by ENGO before the end of the rental period. As part of the return of the Vehicle, the Lessee is obliged to verify, together with an employee or associate of ENGO, the condition of the Vehicle and, after taking into account in the Return Protocol any changes in relation to the condition in which the Vehicle was handed over - to sign the Handover Protocol. Refusal to return the Vehicle by the Lessee, according to the principles described in this point of the Regulations, subject to point 5.7 below, will constitute a prohibited act for which the Lessee bears full criminal liability and will result in ENGO submitting a notification of the crime to the appropriate law enforcement authorities.

6.6. The Lessee is obliged to return the Vehicle with all documents and equipment, at the place and time specified in the Rental Agreement. If the date and/or place of return are not specified in the agreement, the Lessee shall agree on the date and place of return of the Vehicle with ENGO or a person indicated by ENGO before the end of the rental period. As part of the return of the Vehicle, the Lessee is obliged to verify, together with an employee or associate of ENGO, the condition of the Vehicle and, after taking into account in the Return Protocol any changes in relation to the condition in which the Vehicle was handed over - to sign the Handover Protocol. Refusal to return the Vehicle by the Lessee, according to the principles described in this point of the Regulations, subject to point 5.7 below, shall constitute a prohibited act for which the Lessee bears full criminal liability and shall result in ENGO submitting a notification of the crime to the appropriate law enforcement authorities.

6.7. A delay in returning the Vehicle of up to 59 minutes shall not result in additional fees being charged. Returning the Vehicle after this date will result in the Lessor charging an additional fee.

6.8. The Lessor reserves the right to terminate the Rental Agreement with immediate effect and collect the Vehicle from the Lessee at the Lessee's expense, if it is found that the Vehicle has been used in violation of the terms of the Rental Agreement and the provisions of these Regulations, as well as in the event of the Lessee's delay in paying the rental fee, deterioration of the Lessee's financial situation, finding that the Vehicle has been used contrary to its intended use or the operating instructions, changing its intended use or giving the Vehicle to a third party for use without the Lessor's consent, when the circumstances found by the Lessor justify the suspicion that the Vehicle has been stolen by third parties or that the Lessee has attempted to misappropriate it. The Parties agree that in the cases referred to in the preceding sentence, the Lessor's statement on termination of the Rental Agreement may be sent to the Lessee electronically, in the form of an e-mail sent to the e-mail address indicated by the Lessor. The Lessee accepts the transmission of the Lessor's declaration in the form of an e-mail, according to the principles described in this point of the Regulations as correct and effective.

6.9. During the flexible rental period ("Flex Term"), the Lessor has the right to exchange the provided Vehicle for a Vehicle of the same make/model or another make of higher value, e.g. in the event that the Vehicle leased by ENGO must be returned or sold ("Withdrawal"). ENGO undertakes to inform the Customer of the planned termination of the current rental agreement at least fourteen (14) days in advance, in writing (e.g. e-mail). In the situations described above, the Lessor may unilaterally terminate the Rental Agreement, and the notice of termination will be sent to the Lessee electronically, to the e-mail address provided by the Lessee. The Parties will then jointly agree on a new replacement vehicle and sign a new Rental Agreement. ENGO undertakes to offer the Customer a choice of several replacement vehicles of the same or higher value, taking into account in particular the performance and features of the equipment of the originally rented Vehicle. The Customer shall not bear any additional costs related to the delivery or return of the vehicle. In the event that ENGO is unable to offer a vehicle of the same or higher value and the Parties do not agree on an alternative vehicle, the Rental Agreement shall be terminated at the end of the current monthly billing period, but not earlier than at the end of the minimum rental period ("Fix Term").

6.10. The Lessee is obliged to report to the Lessor any change to the place or date of return of the Vehicle indicated in the Rental Agreement, in order to obtain the Lessor's written acceptance of such a change, together with information on any fees in this respect. Returning the Vehicle to a place and/or date that have not been previously accepted by the Lessor does not release the Lessee from liability for the Vehicle, including the obligation to bear the costs (fees) specified in the Rental Agreement and in these Regulations - until the moment of actual receipt of the Vehicle by the Lessor.

6.11. If an insurance company or assistance operator is obliged to pay fees for the provision of Services, based on a separate rental agreement, and the Lessee - despite the expiry of the deadline for returning the Vehicle - does not make the Vehicle available for return, the obligation to pay the fees after the expiry of the rental period agreed by the insurance company or assistance operator with the Lessor, is transferred in full to the Lessee. In such a case, the Lessee is obliged to pay in advance the amount due for each commenced day of provision of Services, and the term of the lease agreement is extended only by the period paid in advance by the Lessee. If the Lessee fails to make the payment referred to in the preceding sentence, the lease agreement is terminated upon the expiry of the last paid day of provision of Services.

 

7. LESSEE’S OBLIGATIONS

7.1. During the period of use of the Vehicle, the Lessee is obliged to:

7.1.1. comply with and apply the provisions of these Regulations and the Rental Agreement,

7.1.2. comply with the provisions of the law regulating the principles of use of the Vehicle, including the provisions of the Act of 20 June 1997 – Road Traffic Law (consolidated text: Journal of Laws of 2017, item 128),

7.1.3. use the Vehicle with due diligence and keep the Vehicle clean,

7.1.4. properly secure the Vehicle against theft, in particular by locking the Vehicle each time and using the security measures with which the Vehicle is equipped. When staying outside Poland, the Lessee is obliged to park the Vehicle only in guarded parking lots,

7.1.5. appropriate protection against theft, loss or destruction of documents and keys, GPS device or WI-FI router (if the Lessee uses it) and not leaving the above-mentioned items and other valuable items in the Vehicle,

7.1.6. performing on their own and at their own expense the daily maintenance of the Vehicle, including checking and replenishing fluids, checking the condition and correct pressure in the tires, checking the operation of the lights,

7.1.7. using the type of fuel in the Vehicle in accordance with the engine specification, given in the registration certificate or in the technical documentation of the Vehicle,

7.1.8. stopping driving, securing the Vehicle and immediately notifying the Lessor of any detected failures, defects or irregularities in the operation of the Vehicle, in particular the Lessee is obliged to immediately notify the Lessor of the lighting up of any of the indicator lights indicating the occurrence of a failure, defect or irregularity. The Lessee is obliged to follow the Lessor's instructions regarding the reported failure, defect or irregularity.

7.2. The Lessee may not use the rented Vehicle:

7.2.1. for transporting people or things – in the form of sublease or in any other similar form,

7.2.2. for transporting objects and substances that, due to their properties and/or smell, may temporarily exclude the Vehicle from use and/or prevent its further rental,

7.2.3. for starting or towing other cars, trailers or other vehicles and objects,

7.2.4. for transporting a larger number of people or cargo weight than specified in the Vehicle registration document,

7.2.5. for participating in races, rallies, competitions, shows and other events of a similar nature, for off-road driving, setting the pace in races, testing both reliability and speed, driving lessons, demonstrations and trials,

7.2.6. when the Lessee or another driver of the vehicle is under the influence of alcohol, hallucinogenic drugs, narcotics, barbiturates or other substances that impair their consciousness and ability to react,

7.2.7. in violation of customs, road or other regulations in force in the country of use of the Vehicle,

7.2.8. by a person other than the Lessee, unless such person has been previously accepted by the Lessor by indicating (entering) him/her in the Rental Agreement. This person must have a valid driving license for at least one year and meet the conditions specified by the Lessor regarding the minimum age,

7.2.9. outside the country where the rental took place, without the prior written consent of the Lessor,

7.2.10. in geographical areas prohibited by the Lessor,

7.2.11. when a warning indicator has lit up or a message appears about the need to go to the service,

7.2.12. to transport animals without the prior written consent of the Lessor.

7.3. The Lessee is obliged to maintain all of the Lessor's company markings on the Vehicle. Removing or covering the Lessor's company markings or parts thereof is only possible after obtaining the Lessor's prior written consent.

7.4. The Lessee is obliged to use the Vehicle in a way that does not cause damage to its interior. In the event that the Lessee damages the interior of the Vehicle (including the interior of the trunk and mechanical and electrical elements), the Lessee is liable for the resulting damage - in full. This type of damage includes: burnt holes in the upholstery, dirt on the upholstery, damage to switches, thresholds, internal body elements, door handles, locks, damage to the engine and other parts, etc.

7.5. In the event of loss (including loss or destruction) of documents and/or keys to the Vehicle due to the Lessee's fault, the Lessee shall bear the full costs of improving the Vehicle (replacement of locks, re-registration, etc.). In addition, the Lessor may demand that the Lessee cover the lost profits in an amount corresponding to the daily rental rate, calculated for each day the Vehicle is out of service.

7.6. Jeżeli Wynajmujący – na wniosek organów ścigania lub innych organów i instytucji – zobligowany będzie do udzielenia pisemnej informacji o Użytkowniku, w związku z popełnionym w okresie najmu wykroczeniem lub przestępstwem lub w związku z naliczeniem opłaty z tytułu nieopłaconego parkowania lub innej opłaty i kary z tytułu naruszenia jakichkolwiek przepisów lub regulaminów związanych z korzystaniem z Pojazdu, to Najemca obciążony zostanie przez Wynajmującego dodatkową opłatą administracyjną z tego tytułu (pkt 9 Regulaminu).

7.7. Zabronione jest palenie papierosów lub innych substancji w Pojeździe (zakaz dotyczy zarówno Najemcy, jak i każdego Użytkownika Pojazdu oraz pasażerów). W przypadku stwierdzenia podczas zwrotu Pojazdu, że w okresie najmu w Pojeździe palono, Najemca – w związku z koniecznością usunięcia skutków palenia (zapachów) – zobowiązany będzie do zapłaty na rzecz Wynajmującego odpowiedniej opłaty (pkt 8).

7.8. W przypadku korzystania z urządzeń dodatkowych w postaci nawigacji GPS lub Routera WI-FI, Najemca zobowiązany jest do zapoznania się ze szczegółowymi warunkami użytkowania tych urządzeń.

7.6. If the Lessor – at the request of law enforcement agencies or other agencies and institutions – is obliged to provide written information about the User in connection with an offence or crime committed during the rental period or in connection with charging a fee for unpaid parking or another fee and penalty for violating any regulations or rules related to the use of the Vehicle, the Lessee will be charged an additional administrative fee by the Lessor for this (item 9 of the Regulations).

7.7. Smoking cigarettes or other substances in the Vehicle is prohibited (the prohibition applies to both the Lessee and each User of the Vehicle and passengers). If it is found during the return of the Vehicle that smoking was carried out in the Vehicle during the rental period, the Lessee – in connection with the need to remove the effects of smoking (odors) – will be obliged to pay the Lessor an appropriate fee (item 8).

7.8. In the event of using additional devices such as GPS navigation or a WI-FI router, the Lessee is obliged to familiarize themselves with the detailed terms and conditions of use of these devices.

 

8. VEHICLE FAILURES, DAMAGE AND THEFT

8.1. The Lessee is obliged to immediately report to the Lessor any damage and breakdown of the Vehicle caused by a collision or road accident and any loss of the Vehicle (including theft) or its equipment, providing the location and circumstances of the event. The Lessee, in each case, is obliged to prepare a written statement of the circumstances of the event. In no case is the Lessee entitled to report traffic damage to the insurance company.

8.2. The Lessee, without the prior written consent of the Lessor, is not entitled to make any repairs to the Vehicle or to tow the Vehicle.

8.3. In the event of a collision involving the Vehicle or theft of the Vehicle or its components and/or equipment, the Lessee is obliged to call the Police to the scene of the collision or notify the Police of the theft and at the same time notify the Lessor of the event. The Lessee is obliged to immediately provide the Lessor with a police report prepared for the collision or theft. The Lessee should also make every effort to obtain and provide the Lessor with data concerning the participants and witnesses of the collision, theft or damage to the Vehicle, to the extent possible, including in particular information about the issuer and the number of the third party liability insurance policy of the perpetrator of the accident or collision (if it is not the Lessee). In the event of theft of the Vehicle, the Lessee is obliged to immediately return the keys and documents of the Vehicle to the Lessor.

8.4. The Lessee is obliged to provide assistance and cooperate with the Lessor and/or the insurance company in all proceedings related to the accident, collision, damage or theft of the Vehicle and/or its equipment, which occurred during the term of the Rental Agreement, including proceedings concerning the settlement of damages.

8.5. In no case is the Lessee entitled to accept any claims of third parties or to perform other factual and legal actions related to claims of third parties.

8.6. The Lessee’s breach of any of the obligations specified in points 8.1 – 8.5 above, in particular failure to provide the Lessor with a police report documenting an accident, collision or theft, shall result in exclusion of the Lessee’s protection resulting from the purchased options (point 9).

 

9. LESSEE'S LIABILITY AND ADDITIONAL CHARGES

9.1. The Lessee is obliged to repair the damage resulting from the failure to perform or improper performance of the Lease Agreement by themselves and by the persons referred to in point 5.10 of the Regulations. The damage shall be repaired by the Lessee paying the Lessor an additional fee, in the amount specified below - upon the first written request of the Lessor, within 7 calendar days of delivery of the request, directly to the bank account number provided by the Lessor in the request.

Price list of additional fees (gross prices, including VAT):

  • Driving the Vehicle by a person who is not the Lessee and User / PLN 1,230;
  • Unauthorised use of the Vehicle (value of the daily rate specified in the Rental Agreement plus the rate below for each day) / PLN 123;
  • Return of the Vehicle dirty on the outside / PLN 70;
  • Return of the Vehicle dirty, requiring cleaning inside / PLN 70;
  • Return of the Vehicle dirty, requiring washing of the upholstery/headliner/carpets / from PLN 300 to PLN 800 depending on the degree of dirtiness;
  • Violation of the ban on smoking in the Vehicle / PLN 500;
  • Violation of the ban on transporting animals in the Vehicle / PLN 300;
  • Loss of the Vehicle manufacturer's warranty due to the Lessee's fault / PLN 2,460;
  • Refuelling the Vehicle with the wrong fuel by the Lessee / PLN 1,230; Dismantling, replacing parts of the Vehicle or making modifications without the Lessor's consent / PLN 5,000;
  • Loss of the Vehicle key / PLN 2,000;
  • Loss of the Vehicle documents or the Vehicle registration plate / PLN 1,230;
  • Damage to a tire or rim / purchase and replacement costs + additional fee PLN 61.5;
  • Fee for each missing liter of fuel after returning the Vehicle with an incomplete tank / cost of replenishing the missing fuel + additional fee PLN 50;
  • Traveling with the Vehicle outside Poland without the Lessor's consent / PLN 2,460;
  • Administrative fee for providing information about the Vehicle Lessee at the request of law enforcement agencies or other bodies and institutions / PLN 92.25;
  • Administrative fee for handling fees or charges (e.g. parking fees, motorway tolls) / PLN 123; Administrative fee in case of cancellation or change of reservation parameters less than 3 days before the planned start date of the rental / PLN 246;
  • Fee for preparing and sending a payment request (electronic form) / PLN 80;
  • Fee for termination of the rental due to the Tenant's payment arrears / PLN 950;
  • Intervention of an external debt collection company / PLN 950 + costs of the lawyer's office's remuneration in court to recover the debt.

9.2. The Lessor reserves the right to claim additional compensation from the Lessee – on general terms, in cases where the amount of damage exceeds the additional fee due, up to the full amount of the damage.

9.3. In particularly justified cases, the Lessor has the right to waive charging additional fees in whole or in part.

9.4. The Lessee is liable for the full amount of the damage if the damage was caused as a result of the act or omission or negligence of the Lessee or persons referred to in point 5.10 of the Regulations, in the following cases:

9.4.1. damage to the interior of the Vehicle, leaving permanent stains, damage to the engine, battery and other elements,

9.4.2. driving the Vehicle under the influence of alcohol, drugs or other intoxicants,

9.4.3. driving the Vehicle without a valid driving license,

9.4.4. fleeing the scene of an accident or collision,

9.4.5. failure to return the registration certificate or a set of keys after theft of the Vehicle,

9.4.6. failure to fulfil the obligations required by the insurance company, resulting in the refusal to pay compensation due to the Lessee's fault,

9.4.7. exceeding the permitted speed or load capacity or other violation of the Road Traffic Act,

9.4.8. participation in rallies, competitions, races, shows and other events of a similar nature,

9.4.9. use of false data or documentation for the purpose of renting the Vehicle,

9.4.10. sale, rental or liquidation of the Vehicle or its parts, or enabling another person to perform such activities.

 

10. THIRD PARTY'S EXTRACT AND LIMITATION OF THE THIRD PARTY'S LIABILITY

10.1. In the event that during the term of the Rental Agreement the Vehicle is damaged, stolen or lost (in whole or in part), the Lessee shall be liable, in accordance with the provisions of the Civil Code, up to the full value of the Vehicle. By concluding the Rental Agreement, the Lessee may limit their liability by selecting the appropriate option from the Lessor's offer and paying an additional fee, in accordance with the current Price List.

10.2. The Lessor provides the following options as part of the Service:

10.2.1. Collision Damage Waiver (hereinafter: "CDW") and Super Collision Damage Waiver (hereinafter: "SCDW") - by purchasing the CDW option, the Lessee's liability for damage to the Vehicle is limited to a maximum of the deductible shown in the Rental Agreement (one event), provided that the Lessee has not violated any provisions specified in the Regulations and in the Rental Agreement. In the event of purchasing the SCDW option, the excess provided for the CDW option is reduced. The limitation of liability under the CDW/SCDW option does not cover acts of vandalism, theft, burning, damage or loss of: wheels (rims, hubcaps, tires), mirrors, antenna, wipers, the interior of the Vehicle (including the interior of the boot), damage to the front and rear windows, roof, chassis (including the muffler, oil pan) and loss of keys, documents, license plates;

10.2.2. Theft Protection (hereinafter: "TP") - by purchasing the TP option, the Lessee's liability in the event of theft of the Vehicle is limited to the amount of the excess specified in the Rental Agreement, provided that the Lessee has not violated any provisions specified in the Regulations and the Rental Agreement. The limitation of liability under the TP option does not cover acts of vandalism;

10.2.3. Super Cover (hereinafter: "SC") - by purchasing the SC option, the Lessee's liability for damage to the Vehicle or in the event of theft of the Vehicle is reduced to the amount of the deductible specified in the Rental Agreement (one event), provided that the Lessee has not violated any provisions specified in the Regulations and in the Rental Agreement. The limitation of liability under the SC option does not cover acts of vandalism, damage to: wheels (rims, hubcaps, tires), mirrors, antenna, wipers, the interior of the Vehicle (including the interior of the boot), damage to the front and rear windows, roof, chassis (including the muffler, oil pan) and loss of keys, documents, registration plates.

10.3. Purchasing any option indicated in point 10.2 above will not be effective and will not exclude the Lessee's liability for damage in full, in the event of the Lessee's failure to fulfill the obligations provided for in the event of damage or theft of the Vehicle or its equipment, specified in detail in point 7 of the Regulations and in point 8 Regulations or in the event of gross negligence or intentional violation by the Lessee, User or person entrusted with driving the Vehicle, of generally applicable legal provisions or terms of service provision.

 

11. LESSEE'S LIABILITY

11.1. After the end of the rental period, the Lessee is obliged to return the Vehicle in a non-deteriorated condition; however, the Lessee is not liable for the Standard Wear and Tear of the Vehicle.

11.2. In the event of a discrepancy in the assessment of the technical condition of the returned Vehicle between the Lessee and the Lessor, an expert will be appointed by the Lessor at the Lessee's expense, with the Parties allowing the possibility of the expert making an assessment based solely on photos of the returned Vehicle. ENGO may charge the Lessee for the costs associated with restoring the Vehicle to a condition corresponding to the Standard Wear and Tear of the Vehicle or, at its discretion, charge the Lessee an amount corresponding to the loss of value of the Vehicle due to wear and tear exceeding the Standard Wear and Tear of the Vehicle. ENGO is not obliged to present the Lessee with the expert's assessments or valuations of an authorized Vehicle service center or another entity specializing in car repairs or car detailing.

11.3. The Lessor shall not be liable for any penalties, fines or fees and costs (including parking fees) imposed as a result of the Lessee or User violating or failing to comply with the provisions of the law, including the provisions of the Road Traffic Act, as well as other regulations and rules or internal rules specifying the rules for using roads, parking lots or other areas. The Lessee shall be obliged to cover all penalties, fines and fees and costs referred to in the preceding sentence, taking into account point 7.6 of the Regulations.

11.4. The Lessor shall not be liable for items that the Lessee has transported, lost (misplaced) or left in the Vehicle.

11.5. The Lessee must immediately notify ENGO of any change in their data (name or company name, address, payment details), a significant deterioration in their income or similar changes in a situation that may seriously jeopardise the fulfilment of the Lessee's obligations.

 

12. FEES

12.1. ENGO accepts various payment methods, including credit and debit cards, Visa, MasterCard and additional conditional payment methods, e.g. SEPA direct debit. Fees under the Rental Agreement are collected in advance in the currency selected by the Customer, at the rate applicable on the day of the reservation, unless determining and collecting a given fee in advance is not possible - due to the type or time of the obligation to pay it. In such a case, the fee is collected at the end of the Service.

12.2. For the provision of Services, the Lessor issues a VAT invoice to the Lessee. In the case of a Service related to a replacement car, the Lessor and the Lessee may determine differently the principles of settling the amounts due for the provision of the Service, in particular with the participation of a third party in these settlements. In the event of a refusal to cover the amount due in whole or in part by a third party, the Lessee is obliged to cover them in whole or in part, respectively - within 5 days of the request sent by the Lessor.

12.3. The Lessee authorizes the Lessor to deliver VAT invoices, notes and other accounting documents to the Lessee's e-mail address indicated in the Rental Agreement ("e-invoice").

12.4. The Lessee is obliged to pay all fees specified in the Rental Agreement and listed in the current Price List. The cost of Services is calculated as a multiple of monthly periods (for Rental Agreements in the subscription model longer than 1 month), and in the case of Rental Agreements shorter than 30 days - as a multiple of 24-hour periods, counted from the date of delivery of the Vehicle indicated in the delivery and acceptance protocol (the moment of commencement of the provision of the Service).

12.5. The Lessee is charged with all costs related to transfers of receivables paid under the Rental Agreement.

12.6. If the Vehicle is not returned by the Lessee at the time and place specified in the Rental Agreement (Vehicle return point), the Lessee will be obliged to pay a fee equivalent to the daily or monthly rate for the Service, including any additional options purchased in advance and for each day or month of delay in returning the Vehicle.

12.7. The Lessee agrees that in the event of the Lessee reporting an extension of the Service period or failure to return the Vehicle by the agreed return date, the Lessor will make an additional authorization on the credit card provided in connection with the provision of the Service, covering the expected costs (fees) resulting from the extension of the Service period, determined on the basis of the daily or monthly rate for the Service and other fees resulting from the Rental Agreement.

12.8. Fees will be charged in accordance with the current Price List.

12.9 If a mileage limit applies, information about it will be included in the Rental Agreement. In the event of exceeding the mileage limit, it will be necessary to pay an additional fee, as specified in the Rental Agreement. By entering into the Rental Agreement, the Lessee agrees and allows such a fee to be charged. The fee will be charged to the Lessee's payment card.

12.10. Exchange

12.10.1. ENGO has the right to exchange the rented Vehicle for a vehicle of the same or higher value, e.g. if the Vehicle has exceeded the mileage specified by ENGO or in the event of the sale of the rented vehicle ("Exchange"). ENGO will inform the Customer of the planned Exchange at least seven days in advance; the Parties will then agree on the date and place of the Exchange.

12.10.2. The Exchange does not involve any additional costs for the Customer.

12.10.3. If ENGO cannot offer the Customer a vehicle of the same or higher value, and ENGO and the Customer cannot agree on an alternative vehicle, ENGO may terminate the Rental Agreement at the end of the current contractual settlement period.

 

13. COMPLAINTS

13.1. The Lessor will consider all complaints and grievances carefully and objectively. The Lessee may submit a complaint by letter to the Lessor's registered office address or electronically via a dedicated form on the website or to the address: reklamacje@engocars.com, providing in each case the correspondence address (address of residence/registered office and/or e-mail address).

13.2. Complaints will be considered within no more than 30 days from the date of receipt of the complaint by the Lessor. The Lessee will be informed about the method of complaint consideration by the Lessor by letter to the address of residence/registered office or e-mail address.

 

14.  FINAL PROVISIONS

14.1. The Lessor provides insurance in accordance with the civil liability insurance policy (OC), only to those persons (the Lessee or the User) who use the Vehicle with the Lessor's consent. The terms of the OC insurance are available for inspection - at the Lessee's written request.

14.2. All letters to the Lessor should be sent to the following address: ENGO CARS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, ul. Konstruktorska 12A, 02-673 Warsaw.

14.3. All letters sent to the last address provided in writing by the Lessee are considered delivered, regardless of whether they were received.

14.4. The Lessee has no right to withdraw from or extend the Rental Agreement - pursuant to art. 38 sec. 1 point 12 of the Act of 30 May 2014 on consumer rights (consolidated text: Journal of Laws of 2020, item 287, as amended).

14.5. The Regulations and the Rental Agreement are subject to Polish law.

14.6. Changes to the Regulations are binding on Tenants from the date of publication of the changes, regardless of the date of conclusion of the Rental Agreement. ENGO will send the Client the amended Regulations, and if the Client does not raise an objection in this regard, the amended terms of the Regulations are deemed to have been accepted by the Client.

14.7. Any disputes arising in connection with the performance of the Rental Agreement or related to them will be resolved by a court with jurisdiction over the seat of the Lessor.

 

Thank you for reading the Terms and Conditions and using ENGO services!