Hotline +48 731 739 351 biuro@topcars24.pl

Terms and conditions

Terms and conditions of the vehicle rental agreement

General
  1. These General Terms and Conditions (hereinafter referred to as the Regulations) set out the detailed terms and conditions of rental agreements for cars without a driver concluded by TOPCARS as part of the Car Rental. The Regulations apply to all Rental Agreements mentioned herein, unless the Agreement states otherwise.
  2. These Regulations, the Release Report and the Car handing-over document form an integral part of the Rental Agreement.
  3. In case of a conflict between the Agreement and the Regulations, the Agreement prevails.
  4. The Parties are as follow:
    a) The Lessee (Customer): a natural person or a legal person;
    b) The Lessor: TOPCARS: Paweł Włodarczyk, ul. Wiśniowa 7, 37-464 Pilchów, Tax Identification Number: 8652549584, REGON: 180958456.
  5. The Lessee of a passenger car may be:
    a) a natural person with Polish citizenship, permanent residence, having a driving license honored in the territory of the Republic of Poland and meeting the following conditions: is 21 years old and has a driving license for a period of at least 12 months preceding the date of the Rental Agreement;
    b) a natural person without Polish citizenship, holding a valid passport, having a driving license honored in the territory of the Republic of Poland and fulfilling the following conditions: is 21 years old and has a driving license for a period of at least 12 months preceding the date of the Rental Agreement;
    c) a legal person, represented by a natural person who meets the criteria specified in point 5a) or 5b). The requirements indicated in this point are valid for the entire duration of the lease. The Lessor, if the Lessee fails to meet the requirements set out in this section, is entitled to immediately terminate the lease without notice.
  6. The car may only be driven by a person who meets the requirements specified in clause 5 of these Regulations.
  7. The rented car can not be sub-rented or given to another person to use.
  8. The lease period begins from the date specified in the Rental Agreement or from the date of releasing the vehicle indicated in the Car handing-over document depending on which date is the earlier date, unless the parties agree otherwise.
  9. Any disputes arising from the Rent Agreement concluded by a legal or natural person will be resolved by the court competent for the seat of the Lessor.
  10. The Lessee is responsible for any traffic offenses incurred during the term of the Agreement. By concluding the Agreement, the Lessee agrees to the process and disclosure of his personal data to entities and bodies appointed to impose and enforce fees for the use of public roads and the imposition of fines. If the Lessor will be charged with the above charges or other fees related to road traffic offenses for any reason, the Lessee is obliged to reimburse any associated costs. In case of a traffic offense, the Lessee is charged with an offense and a fee of 61.50 PLN for providing information about the user of the vehicle.
  11. The Lessor is not responsible for the Lessee's personal items left in the car after returning and signing the Car turning back protocol, as well as for the items left in the vehicle during its use.
Conclusion of the Agreement
  1. Conclusion of the vehicle Rental Agreement takes place by the Lessee completing the form available on the Rental Website (www.topcars24.pl) or by contacting the helpline and sending the confirmation by the Lessor to the Lessee's e-mail address provided in the form.
  2. The shortest period of a passenger car rental is 1 day (24 hours).
  3. In the event of inability to deliver the preferred vehicle by the Lessor within the time specified in the confirmed reservation, the Lessor shall provide the Lessee with another vehicle from the same or higher price group.
  4. A condition for acceptance of an order for vehicle rental by the Lessor is:
    a) the Lessee's acceptance of the rental conditions applicable at the Rental Company while completing the online form available on the Rental Center's website;
    b) fulfillment of the conditions provided for in clause 5 of the Regulations;
    c) placing an order at least 24 hours before the scheduled date of issue of the car specified in the online form;
    d) in case of a Lessee who does not have Polish citizenship, the Lessee's consent to the downloading of data from his credit card;
    e) A Lessee making a reservation of a vehicle rental at least 5 days before the planned date of its delivery is obliged to pay a reservation fee of PLN 150. If the vehicle is delivered within less than 5 days from the date of reservation, the Lessee is obliged to pay the reservation fee immediately. The Lessee who resigns from reservation more than 5 days before the declared date of the vehicle hand over, will get returned the paid reservation fee to the account from which it was sent. In the event that resignation from renting the vehicle by the Lessee takes place for 5 days and less, the paid reservation fee is not refundable. If the above-mentioned conditions are met, the Lessor will refund the reservation fee to the Lessee's account within 7 working days.
  5. The Lessee may withdraw from the vehicle Rental Agreement under the condition of submitting the statement by e-mail to the following address: biuro@topcars24.pl or by phone at +48 731 739 351 before the date and time agreed upon by the parties to issue the ordered car.
  6. The car may only be picked up by the Lessee personally. At the time of picking up the car theLessee is required to possess and present:
    a) A valid ID card or passport and if the Lessee is a foreigner - a valid passport;
    b) A driving license valid and accepted in the territory of the Republic of Poland;
    c) An important personal debit or credit card belonging to the Vehicle Lessee.
  7. If the Lessee fails to meet the requirements provided for in clause 5 of the Regulations, the Lessor is entitled to immediately withdraw from the lease. The reservation fee paid by the Lessee is not refundable in this case.
  8. If the Lessee fails to pick up the vehicle within the time agreed by the parties up to 2 hours from the designated date of receipt, the Rental Agreement shall be terminated and the reservation shall be canceled. The reservation fee paid by the Lessee is not refundable in this case.
The Lessee's obligations and the rules of the vehicle using
  1. During the use of the vehicle, the Lessee is obliged to:
    a) have at hand valid documents required by road traffic control (valid and accepted on the territory of the Republic of Poland driving license, registration document, liability policy, vehicle Rental Agreement, medical certificate, if required);
    b) secure Car against theft (each time the car is closed and all anti-theft devices are turned on, careful protection of documents and keys outside the vehicle);
    c) a daily car maintenance carry out on his own cost and work (checking and replenishing engine oil, coolant, brake fluid, windscreen washer fluid, checking tire pressure and condition of tires, signaling, passing and driving lights);
    d) Use of the type of fuel in the car according to the engine specification, given in the registration certificate and in the technical documentation of the vehicle;
    e) Keep the car clean.
  2. In particular, it is prohibited to:
    a) tow other vehicles, trailers or other items with the rented car;
    b) exceed the permissible load limits;
    c) smoke in the car;
    d) make alterations or other changes to the rented car contrary to its properties and purpose;
    e) use the car in races, rallies, competitions;
    f) use a car for driving lessons;
    g) carry out the commercial carriage of persons or things, unless the Lessor agrees to it by signing an appropriate Annex to the Vehicle Rent Agreement with the Lessee;
    h) transport substances and things that due to their smell or properties may damage the vehicle and expose the Lessor to a loss of time and money before the vehicle can be re-rented;
    i) wrap vehicles with advertising or information materials;
    j) transport animals

    In the case of violation of the provisions of sub-item a), b), d), e), f), g), h), i) - the Lessee is obliged to pay a contractual penalty in the amount of PLN 1,500. In the case of violation of the provisions of sub-item c), j) – the Lessee is obliged to pay a contractual penalty in the amount of PLN 500. In the case of introducing changes to the rented car, referred to in sub-item d) hereby the Lessor reserves the right to charge the Lessee with the costs of restoring the previous state and demanding payment for the loss of value of the vehicle caused by the changes.
Fees
  1. Exceeding the duration of the lease over one hour causes an increase in the payment for the entire next day. In the event that the Lessee returns the vehicle before the date specified in the Agreement, no refund will be possible for the unused time of renting.
  2. The fee for short-term rental (up to 29 days) must be paid absolutely until the car is delivered.
    a) In case of extending the lease of the vehicle by one day, the Lessee is obliged to pay for the renewal at the latest when the vehicle is returned.
    b) In case of extending the lease of a vehicle for a period longer than one day, the Lessee is obliged to pay for the renewal up to the date and time of the originally determined return of the car using the generated link from the site przelewy24.pl, by bank transfer or directly in the company's office by means of a card debit or credit card.
  3. The average and long-term rental fee (from 30 days) will be regulated as follows:
    a) payment for the first 30 days of vehicle rental must be paid absolutely until the car is handed over with a debit or credit card,
    b) for each commenced subsequent lease period, the Lessee is obliged to pay up to 2 days from the start of the new rental period, using the generated link from the przelewy24.pl portal, bank transfer or directly in the company's office by means of a debit or credit card.
  4. If the payment is not recorded in accordance with point 23 or from point 24 for renting the Lessor has the right to block the vehicle and to terminate the lease agreement immediately. The Lessor has the right to make claims for renting the vehicle through civil proceedings.
  5. The security for the subject of the Rental Agreement is paid only by the Lessee who is not a Polish citizen with a credit card in the amount of: CLASS A, A +, B - 1000 PLN, CLASS C, C +, C + AUT - 1500 PLN, CLASS D, SUV , VAN - 2000 PLN, R-CLASS (BUS) - 2500 PLN, E-Class - 3000 PLN.
    a) A Lessee who does not have Polish citizenship may be exempted from the obligation to pay a deposit in the event of buying additional insurance in the form of abolition of own contribution in damage (ZUWwS) in a full package.
  6. If it is necessary to deduct the fees resulting from contractual penalties or repair costs of the car from the deposit in accordance with the Regulations, the deposit remains at the disposal of the Lessor.
  7. If the vehicle is handing over in places where a parking fee is charged for entering the paid parking zone, the Lessee is obliged to pay this amount on the basis of the received parking ticket. In case of returning the vehicle at the aforementioned locations, the cost of the parking fee is covered by the Lessor
Return or replacement of the vehicle
  1. The Lessee is obliged to return the rented vehicle at the date and place specified by the Lessee and the Lessor in the vehicle rental agreement.
  2. Extending the period of a vehicle renting requires the consent of the Lessor. The intention to extend the rental period for reservations covering a period of three days or more must be submitted at least 48 hours before the date of the vehicle return. In case of reservations covering a period of 1 to 2 days, such request must be notified at least 12 hours before the date of return of the vehicle. Each extension of the rental period of the vehicle requires agreement with the Lessor made by e-mail to the following address: biuro@topcars24.pl or by phone: +48 731 739 351 and the preparation of an annex to the rental agreement in writing.
  3. The lack of notification of the intention to extend the car's rental and not return the car within 2 hours from the end of the lease is treated as an appropriation of the car and the Lessor will notify the law enforcement authorities and it will be the basis for the Lessor to:
    a) encumbrance the Lessee with a contractual penalty in the amount of PLN 1,500;
    b) Charge the Lessee with any losses and negative consequences that will arise for the Lessor for such violation of the Regulations;
    c) Charge of the payment of 300% of the daily rate for the period of extension.
  4. A statement on the termination of the Rental Agreement should be made in writing, in person or by e-mail.
  5. In the event of termination of the vehicle Rental Agreement, the Lessee is obliged to immediately indicate the car's parking place and to return it in a place previously determined by the Lessee and the Lessor within 12 hours. If the car is returned in a place other than that specified at the time of commencement of the rental, the Lessor has the right to charge the Lessee with the costs of transporting the car to the above-mentioned place agreed between the parties.
  6. In case of delay in returning the car, the Lessee is obliged to pay a contractual penalty in the amount of 300% for each day of delay in the return of the lease. In the absence of timely return of the car, the Lessor is authorized to collect the car, keys, policy, vehicle documents from the Lessee and to charge the Lessee with full costs incurred to collect the car.
  7. The Lessee is obliged to return the car with the amount of fuel he received when collecting the car. For any fuel shortages completed by the Lessor, the Lessee pays PLN 6.00 per one liter of PB95 or diesel fuel.
  8. The Lessee is obliged to return the car clean both inside and outside and with the additional equipment provided. In the case of returning a dirty car, the Lessee is charged a fee of PLN 50 for a car dirty outdoor and PLN 50 for a dirty car inside, or 350 PLN if the vehicle's upholstery has been soiled and thus qualified for washing.
  9. Immediately after returning or exchanging the vehicle used by the Lessee or after receiving the decision of the insurer about the refusal to pay compensation, the Lessor reserves the right to charge the Lessee with the following costs:
    a) Deficiencies in the equipment of a car or parts thereof described in the Car handing over document and compensation for more than normal car wear inside or outside;
    b) Damage caused by improper use of the car or negligence of the Lessee (e.g. damaged mirrors, broken headlights, damage to car body elements, broken glass, damage to the interior of the vehicle);
    c) Actual damages not reported when they occur in a situation where the Lessor does not obtain - despite due diligence - compensation from his insurance company, and the reasons for the effective refusal to pay compensation are culpable by the Lessee;
    d) Elimination of other damages and costs of restoring the vehicle to a condition corresponding to normal wear and tear;
    e) Compensation for the loss of value of a vehicle as a result of an accident in the event of an accident or partial culpability by the Lessee, the person driving the vehicle or the passenger of the vehicle or the loss of value of the vehicle as a result of alterations or other changes contradictory with the intended purpose of the vehicle without the consent of the Lessor.
  10. The Lessee is responsible for the lack of parts and equipment, as well as the loss caused by his/her fault as a result of improper use and securing the car and loss of documents.
  11. If the Lessee lost his registration certificate or policy or keys to the car or additional equipment, the Lessee will be charged with fees in accordance with the Table of Fees.
  12. I If the Lessee lost the original or unoriginal hub to the car, the Lessee will be charged according to the Table of Fees.
Service, inspections and repairs
  1. The Lessee acknowledges the necessity of making the car available to the Lessor in order to perform the periodic inspection at the place and time agreed with the Lessor.
  2. The Lessee is not authorized to request repairs, corrections, alterations, inspections or other corrective and servicing activities of the rented car at the expense of the Lessor without the written consent of the authorized representative of the Lessor. In the event of a breakdown, a car accident in the period when the vehicle is in use, the Lessee is obliged to immediately notify the Lessor (contact telephone number: +48 731 739 351 open 24 hours a day) and follow the instructions of the Lessor. If the fault may pose a threat to road safety or lead to greater damage to the car, it is forbidden to continue driving until it is removed. The Lessee can repair the car on his own only after obtaining the written consent of the Lessor regarding the place and scope of the repair. In this case, he is obliged to submit bills for the services rendered, to return the replaced parts and to submit a statement describing the circumstances of the failure.
  3. The Lessor returns all costs documented with bills after confirming the necessity of the repair and when the Lessee's not fault in the causes of the failure.
Damage, accident, car theft
  1. In the event of a traffic accident or road traffic collision, the Lessee is obliged to immediately call the Police, obtain a written certification of the resulting losses, and immediately notify the Lessor (telephone number: +48 731 739 351 open 24 hours a day) and proceed according to the received instructions.
  2. In the event of theft or damage to the car as a result of burglary or other prohibited act, the Lessee is obliged to immediately report this fact to the nearest Police station and obtain a written certification of the resulting losses and immediately contact the Lessor and proceed according to the received instructions.
Responsibilities of the Lessor
  1. Unless otherwise agreed in the Rental Agreement, the Lessor shall not be liable for damage suffered by the Lessee as a result of a car breakdown, car damage or accident.
  2. In the event of immobilization of a rented car for a period longer than 24 hours, the Lessor will provide the Lessee a replacement car within 24 hours in Poland, 48 hours in the EU. The time of delivery of the replacement vehicle indicated by the Lessor is calculated from the moment the Lessor obtains information from the Lessee (the person driving the vehicle) about the occurrence of the event immobilizing the car or from the Lessor's confirmation that immobilization of the rented car will take longer than 24 hours (depending on which the above-mentioned events take place later). For the period of waiting for a replacement car, the Lessee does not pay the rent for the car if the replacement car is not substituted within 24 hours in Poland, 48 hours within the EU. A replacement car should correspond to the class of the rented car, however, if the same class cannot be delivered, the Lessor reserves the right to substitute a car of another class.
  3. The provision of a replacement car will not take place in case of:
    a) Loss of registration certificate and/or insurance policy and/or keys from the car;
    b) Settlement of the resulting damage to the AC policy (damage caused by the Lessee or the lack of the perpetrator of the damage).
Vehicle insurance
  1. Whenever the Regulations refer to a "fee due to an event", it should be understood as a payment that the Lessee must pay to the Lessor regardless of the Lessee's fault and regardless of the amount of damage to the Lessor and the amount of compensation received by the Lessor. Regardless of the above mentioned fee, the Lessor is entitled to claim compensation on general terms.
  2. The car has a full coverage of civil liability insurance, releasing AC (subject to the provisions regarding contractual penalty and Administrative Fees in connection with the incident) of the Lessee (the person driving the vehicle) from liability in the event of a collision and theft, with the exception of:
    a) Intentional damage to the vehicle;
    b) Damage while driving under the influence of alcohol, drugs or psychotropic substances and/or without a valid driving license;
    c) Damage to the vehicle if the permissible speed is exceeded by at least 30 km/h or if another gross violation of road traffic regulations is committed (the Insurer reserves the insured's own share or the insurer's liability is totally excluded);
    d) If the driver escaped from the place of the accident;
    e) Damage caused when the person directing was a person not authorized by the Lessor to drive a car;
    f) Total damage settled in the Auto Casco policy and theft of the car, excluding point 50 points g), h), i), j) of the Regulations;
    g) All partial damages covered by the policy of the Lessee will be charged with the Administrative Charge in relation to the event in the amount of PLN 2,000 excluding tire damage and wheel rims, where the fee is PLN 500 for damage to one tire, 1000 PLN for damage to one aluminum rim and 500 PLN for damage to one steel rim. All partial damage not covered by the AC Lessee policy will be charged to the Administrative Charge in relation to the event in the amount of PLN 2,000 excluding tire damage and wheel rims, where the fee is PLN 500 for damage to one tire, 1000 PLN for damage to one aluminum rim and 500 PLN for damage to one steel rim;
    h) Theft of the car as a result of situation when the keys and/or registration certificate of the stolen car were lost - the entire cost is borne by the Lessee;
    i) Theft of a car left in the unguarded car park and/or in which all anti-theft devices installed in it have not been activated - the Lessee bears the entire cost;
    j) Burglary as a result of which the radio with the panel was stolen - the entire cost is borne by the Lessee;
    k) Refusal to pay compensation by the insurance company;
    l) Other special cases resulting from the general terms of insurance contracts or policy.
    In these cases, the damage is covered completely or partially by the Lessee. The Lessee is obliged to familiarize himself with the provisions of the policy, general terms and conditions of car insurance contracts and changes in the general terms and conditions of car insurance contracts and observe the provisions contained in the terms and, in the event of providing a vehicle - further instruct the person driving the vehicle about the obligations arising from the above-mentioned documents - under pain of liability for the damage caused.
  3. The Lessee has the possibility to purchase additional insurance - the abolition of own contribution in damage (ZUWwS), which, depending on the purchased package, abolishes the administrative fee due to a road incident in the specified scope:
    a) Basic (20 PLN/day) - includes: civil liability, external damage to the car body (does not include: damage to tires and rims, damage to windows, total damage, theft);
    b) Full (PLN 40/day) - includes: civil liability, external damage to the car body, damage to tires and rims, damage to windows, total damage with a replacement vehicle, theft. The abolition of own contribution in damage (ZUWwS) does not apply in case of intentional and deliberate damage to the vehicle.
  4. Cars have third-party liability insurance in foreign traffic.
  5. Cars have anti-theft security required by the insurance company.
The medium- and long- term rental
  1. The medium-term rental in TOPCARS is understood as a vehicle reservation covering a period of 30 to 360 days.
  2. Long-term rental in TOPCARS is understood as a vehicle reservation covering a period of 361 days.
  3. A Lessee, when reservation a vehicle for a medium-term or long-term period, has the option of negotiating the daily rate for renting a vehicle with the Lessor.
  4. The negotiated daily rate is valid for the entire rental period of the vehicle, however, if the Lessee reports to the Lessor an earlier withdrawal from the contract, he is obliged to cover the difference between the negotiated daily rate and the applicable rates in the short-term rental price list for the period of use of the vehicle.
  5. The Lessor sets a mileage limit of 4000 km/30 days for vehicles rented for the medium-term and long-term.
  6. A Lessee in the event of failure to comply with point 58 is obliged to settle the amount due for each exceeded one kilometer limit, in accordance with the rate set by the Lessor amounting to PLN 2/km. Payment for the exceeded limit is made at the moment of returning the vehicle, and the amount due is determined on the basis of the release protocol and the current mileage of the vehicle at the time of its return.
  7. In accordance with the provisions of the General Terms and Conditions of the Rental Agreement the Lessor. For a travel of the Lessee by rented vehicle outside of the Republic of Poland. In the event of failure to comply with the above obligation (travel outside the Republic of Poland), the Lessor imposes a fine on the Lessee in the amount of PLN 1,500 for leaving the country. In the event of the need to repair or tow the car to the territory of the Republic of Poland, the Lessee will be required to bear all costs incurred in this respect.
  8. If the Lessee violates the rules set out in point 60 of the Regulations, the Lessor has the right to block the vehicle and take all steps to bring the car to the country, while the Lessee will be required to pay a contractual penalty in the amount of PLN 1500.

Final Provisions

The Lessee confirms that the data provided by him to the Agreement is true. The Lessee agrees to store his personal data in the Lessee's database, as well as to process them in accordance with the Act of 29.08.1997. on the protection of personal data (Journal of Laws, 2016, item 922, text.) to implement the Agreement, financial security for the transaction and for marketing purposes. In the event of failure to pay or provide false documents, the Lessee's personal data may be forwarded to the business information bureaus.

Information clause in line with the GDPR

Please be advised that in connection with the Regulation on the Protection of Personal Data entering into force on 25 May 2018, the company Paweł Włodarczyk, fulfilling the information obligation, declares that pursuant to art. 13 para. 1-2 of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (OJ. UE L No. 281):

  • The administrator of the data indicated in the consent for the processing of personal data expressed above is Paweł Włodarczyk with its registered office at ul. Wiśniowa 7, in Pilchów (postal code: 37-464), tel.: 731 739 351 e-mail address: ado@topcars24.pl
  • The purpose of data collection is to: perform a rental agreement, determine, investigate or defend against any claims arising from it, and - due to our legitimate interests - for analytical and statistical purposes;
  • You have the right to access the content of the data and rectify it, delete or limit the processing, as well as the right to object, demand the cessation of processing and data transfer as well as the right to withdraw your consent at any time and the right to lodge a complaint to the supervisory body (i.e.: President of the Office for the Protection of Personal Data).
  • Providing the data is voluntary, but necessary for the implementation of the vehicle rental agreement. If no data is provided, it will not be possible to perform the vehicle rental agreement.
  • Data shared by you will not be subject to disclosure to third parties. Recipients of data will only be institutions authorized by law.
  • Data shared by you will not be profiled. The data controller has no intention of transferring personal data to a third country or an international organization.
  • Personal data will be stored for a period of 5 years, counting from the beginning of the year following the year in which consent for the processing of personal data has been given.

The Agreement has been drawn up in two identical copies, one for each of the Parties.

I declare that I have read the General Terms and Conditions of the Agreement and that they are understandable to me and I fully accept them. I confirm that I have received and accept the terms of the attachments indicated in the Agreement, which constitute an integral part thereof.

  • Got questions? Contact with us!
  • Hotline: +48 731 739 351