PANEK S.A. s Regulations in respect of car hire ( Regulations ) binding since December 2 nd 2017 Introduction 1. These Regulations were issued by PANEK S. A. with registered office in Warsaw (02-390), 208 Grójecka Street, entered at the Entrepreneurs Register of the National Court Register conducted by the District Court for the capital city Warsaw, 13 th Commercial Division with the KRS number 0000324104, NIP: 6922461623 with the share capital PLN 1,000,000 paid up in full ( Lessor ). 2. The Regulations specify the conditions of passenger and delivery cars rental in contracts concluded by the Lessor and form an integral part of the lease contract. 3. In case of discrepancies between the lease contract and the Regulations, the lease contract shall prevail. 4. Definitions: a) the Lessee it shall mean the party to the lease contact concluded with the Lessor other than the Lessor or the person who placed the reservation for the car; b) the User it shall mean the Lessee or any physical person indicated by the Lessee in the lease contract as authorised to drive the car or the person whom the Lessee actually entrusted with driving the car; c) the document form shall be understood as the document form as defined in the Civil Code, in particular e-mails, text messages or recorded telephone conversations. The Lessee and authorization to drive the car 5. The Lessee of the car may become: 1) A natural person who jointly meets the conditions as follows: a) presents the Lessor with a valid personal identity card or a valid passport, b) presents the Lessor with a valid credit card with the validity term at least three months longer than the end of the car lease period, c) is registered at the Central Register and Information about Economic Activity if the person concluded the contract within the scope of the economic activity conducted, d) is: - 19 years old cars of class: B, B+, B automatic, M; - 21 years old - cars of class: C, C+, C automatic, N, N freezer, R cargo, unless the person makes the payment referred to in clause 53; - 23 years old - cars of class: D, D+, D automatic, SUV, SUV automatic, VAN automatic, R, unless the person makes the payment referred to in clause 53; - 28 years old - cars of class: SUV Premium, E, unless the person makes the payment referred to in clause 53; - 25 years old - cars of class other than referred to above unless the person makes the payment referred to in clause 53; 2) a legal person (or an organizational unit referred to in art. 33 1 of the Civil Code) whose representative concludes the lease contract on behalf of that person:
a) provides information corresponding to the current excerpt from the Entrepreneurs Register and b) provides the document referred to in par. 1 a) above and proof of the authorization to conclude the lease contract (e.g. the power of attorney) unless the authorization follows from the document referred to in par. 2 a) and; c) meets the condition referred to in par. 1 d) above. 6. The Lessee who is the consumer agrees for the Lessor to request information on the Lessee s payment credibility in commercial information offices pursuant to the law of April 9 th 2010 on making available and exchange of commercial information. The Lessor has the right to refuse to conclude a lease contract if commercial information office supplies the Lessor with negative information on the Lessee s payment credibility or the right to immediately terminate the lease contract in the written or document form if such information is provided to the Lessor after the conclusion of the lease contract. 7. The Lessee is fully responsible for a hired car as well as for the actions and forfeitures on the part of the User, in particular the Lessee assumes responsibility for the User fulfilling the duties following from these Regulations and the lease contract, until the moment the Lessor receives the car back against the receipt protocol signed by the Lessor. 8. The car may be driven solely by the Lessee and the User meeting, at any moment the lease contract being in force, the criteria defined in clause 5 par. 1 letter d) who both for at least a year have had: (i) authorization to drive a car, and (ii) a driving licence valid within the territory of Poland. 9. In the event it is found out that the Lessee or the User do not meet the requirements referred to in clause 8, the Lessor shall be entitled to terminate the lease contract in the written or document form with immediate effect. Booking the car and conclusion of the contract 10. The Lessee shall book the car by filling out the form available on the webpage: www.ipanek.pl. The booking shall be made at lease rates binding on a given date on the webpage: www.ipanek.pl. 11. Having placed the reservation via the form, the Lessee shall receive a booking confirmation to the supplied email address. 12. The conditions warranting the conclusion of a lease contact by the Lessor are: a) positive verification of the Lessee s data; b) accepting the Regulations in force available on the webpage: www.ipanek.pl by the Lessee; c) fulfilling conditions provided for in clause 5; d) making the booking at least 48 hours prior to the planned time of car collection; e) providing the data of a credit card referred to in clause 5 par. 1 letter b); f) in case of selecting the option of bank transfer payment the Lessor s account being credited with the transferred amount. 13. The lease contract shall be concluded by the Lessee or the Lessees and the Lessor s representative signing the lease form on conditions defined in the booking confirmed by the
Lessor, which shall be without detriment to clauses 15 and 16. In case of the lease contract being concluded by more than one Lessee, their responsibility shall be joint and severable. 14. At the conclusion of the lease contract, preauthorisation is recorded on the Lessee s payment card. The preauthorisation shall be released within the time limit resulting from the procedures of the bank which issue the card. The Lessor is authorised to charge the Lessee with unpaid but due amounts resulting from the lease contract and the Regulations. In the event that the blockade continues for a period longer than 14 days, the Lessor recommends that the Lessee contact the bank. Preauthorisation release does not mean that the Lessor forfeits his due claims against the Lessee. 15. In the event that it proves impossible to supply the car conforming with the booking confirmed by the Lessor, the Lessor shall lease to the Lessee the car of the same or higher class applying the same rate for which the booking has been made. Such a change shall not constitute a non-performance or improper performance of the contract. 16. In the event of extending the lease period, the fee for the extended lease period shall be calculated at the last price binding for the Lessee. Duties of the Lessee 17. The Lessee shall receive a car in a good working condition allowing for its proper exploitation and commits to use it with proper care and return it in the condition in which it was at the moment it was issued to the Lessee together with the keys, remote control, documents and all car equipment. The Lessee consents to the fact that the car is equipped with a monitoring GPS device. 18. The Lessee receives a clean car and commits to return it in the same condition. 19. The Lessee and the User are obliged to use the car in the manner defined in the contract and corresponding to car properties and the purpose it was intended for, and additionally they commit to: a) lock the car securing the car registration and keys or the remote control outside the car upon each occasion of leaving the car, b) effecting at his/her own cost current, basic car inspection including in particular checking and supplementing engine oil, fuel, spray liquid, cooling liquid, break liquid as well as checking the appropriate tyre pressure and light operation, c) using appropriate fuel type in the car in line with the information at the fuel inlet or information provided in the car registration in column P3. 20. The Lessee shall pay the cost of fuel used during the lease, exploitation liquids as well as the cost of repair or exchange of tyres broken during the lease period (in case of the impossibility of buying one tyre of a given type, also the cost of another tyre for the same axis). 21. Moving the car leased outside the territory of Austria, Czech Republic, Lithuania, Germany, Poland and Slovakia is forbidden. All the costs related to the breakdown, damage or theft as well as the costs incurred as the result of returning to the Lessor the car transported outside the territory of Poland by the Lessee not being the consumer shall be paid in full by the Lessee. The Lessee being the consumer shall pay the costs referred to in the preceding sentence unless he/she proves he/she is not to blame for incurring them and violating the
contract. Independent of the Lessee s responsibility defined in this clause, a violation of the ban referred to in the first sentence of this clause shall exclude the right to have a substitute car supplied. 22. In the event that law regulations of a country listed in clause 21 to which the car is transported provide for equipment requirements absent in the Polish law, the Lessee shall be obliged to adjust the car s equipment to the law provisions of that country and pay the resulting costs, with the reservation that the above does not entitle the Lessee to interfere with the car and does not exclude the obligation to return the car in the same condition in which it was issued to the Lessee. 23. Should it be found that the Lessee uses the car leased in the manner contrary to the contract provisions or the car purpose, or when the circumstances imply a justified suspicion of theft or misappropriation of the car related to the car rental, the Lessor may terminate the contract with immediate effect i written or document form. 24. There applies an absolute ban on smoking tobacco, using electronic cigarettes, consuming alcohol, using drugs or transporting animals inside the car. 25. The Lessee is obliged to keep all the signage on the car leased, including the Lessor s brand signage. Removing or covering signage requires Lessor s prior consent granted in writing or electronically by sending an e-mail to the electronic mail address provided by the Lessee. 26. The Lessee or the User shall pay all the penalties, fines, parking fees, motorway fees and other fees for using road infrastructure as well as other private-legal or public-legal dues eligible in connection with the car use during the term of the lease unless the Lessee proves that in line with the law regulations neither the Lessee nor the User are obliged to pay such sums or the Lessee proves that the fees have been charged to the Lessee or the User in result of the Lessor s fault. The Lessee shall refund to the Lessor the sums which the Lessor paid in connection with the Lessee s failure to fulfil the obligation referred to in the preceding sentence. Return of the car 27. After the end of the lease period, the Lessee shall return the car at the venue and time referred to in the lease contract. 28. Upon the Lessor s prior consent the Lessee may return the car at the venue other than specified in the lease contract. The cost of the return at the venue other than specified in the contract shall be paid by the Lessee pursuant to clause 67. 29. The delay in car return up to 59 minutes shall not result in charging additional fees. The return of the car after that time shall result in charging contractual penalty pursuant to clause 45 letter i) of the Regulations with the reservation for clause 30. 30. Extending the lease period may be effected in written or document form solely in case that: a) the Lessor is has received the statement on the Lessee s intention to extend the lease at least 12 hours prior to the lapse of the return time specified in the contract, and b) the Lessor s consent to lease extension has been obtained, and c) the payment for the whole period of the extended lease has been made.
31. The car not returned at the time specified in the lease contract also due to not meeting the conditions defined in clause 30 shall be reported to the police as stolen. The Lessee shall be obliged to pay a contractual penalty pursuant to clause 45 letter i). 32. In the event of delay in car return without the Lessor s consent, the Lessor shall be entitled to collect the car from any location and charge to the Lessee full costs related to car collection. 33. The return of the car, car keys and documents may only take place, save clause 35, to the benefit of the Lessor s representative. It is forbidden to leave car keys and documents with unauthorised persons. The return of the car shall confirmed with a car receipt protocol signed by the Lessor representative and the Lessee. If the Lessee shirks taking part in the car receipt procedure or signing the receipt protocol or is absent at the agreed time and venue of car return, the Lessor may receive the car unilaterally. 34. PANEK S.A. s rental outlet s working hours are presented on the website www.ipanek.pl in section Branches. 35. In the event of the car return outside the usual working hours: a) in the absence of the Lessor s representative at the rental outlet with a drop box, the Lessee shall return the car by placing the keys and car documents in the drop box with the payment referred to in clause 55. Thus, the Lessee accepts the Lessor receiving the car unilaterally with the Lessor s representative signing the car collection protocol; b) in the absence of the Lessor s representative at the rental outlet with a drop box, the Lessee may return the car by signing a bilateral car collection protocol making the payment referred to in clause 56. The service referred to in this clause letter b) shall be requested 24 hours prior to the end of the lease. 36. If pursuant to an agreement separate to the lease contract an insurance company or assistance operator is obliged to pay the lease fee and charges but the Lessee continues the lease period, the obligation to pay the lease fee and charges for each additional day after the lapse of the lease period agreed on with the insurance company or assistance operator transfers onto the Lessee. In such a case, the Lessee shall pay in advance the fee due for each additional day of lease and the lease contract shall be extended solely by the term paid for in advance by the Lessee. In the event that such a payment is missing, the lease contract shall be terminated with the lapse of the last paid for day of the lease. Breakdowns, damages, car theft 37. The Lessee shall make the car available to the Lessor for the purpose of performing a periodic check or tyre exchange at the time and venue indicated by the Lessor. 38. The Lessee shall immediately inform the Lessor in the event of the car breakdown or defect. The Lessee is not entitled to making any repairs or having the car towed without the Lessor s consent. The Lessee shall pay the costs of car repair or towing effected without the Lessor s consent. In the event of leaving the inoperable car or the car damaged due to Lessee s fault in a location other than the return venue stipulated in the contract, the Lessee shall pay the towing costs. 39. The Lessee may not use the car leased for towing.
40. In the event of the car theft, damage, collision or accident, the Lessee shall immediately notify the police and the Lessor at the telephone number +48 665 800 000 about the event occurred. Additionally the Lessee shall cooperate with the insurance company and the Lessor within the scope necessary for damage liquidation and in particular within 14 days of the event the Lessee shall supply a written report of the event, the copy of the document authorizing the Lessee/User to drive a car, an identity document and a statement in respect of the driver s sobriety at the time of the event. In case of car theft, the Lessee shall immediately return the car keys and documents to the Lessor. The Lessee shall be held responsible for losses arisen as the result of the failure to perform obligations resulting from this clause unless he/she can prove that the lack of cooperation on his/her part does not make it more difficult for the Lessor to press claims relating to the abovementioned events. 41. In the event of a breakdown rendering the car leased immobilized, the Lessor shall provide the Lessee with a substitute car. The substitute car shall be made available within 12 hours in Poland or 48 hours within the territory of Austria, Czech Republic, Lithuania, Germany or Slovakia since the moment the Lessor is informed about the breakdown. The Lessee shall not pay the lease fee for the period of waiting for the substitute car. In the situation that the substitute car is of a lower class, the lease fee shall be correspondingly decreased. 42. The Lessee shall not receive a substitute car if: a) the car registration or insurance policy or car keys have been lost or damaged; b) the car has been damaged due to the fault of the Lessee or the User; c) the car has been immobilized outside the territory of Austria, Czech Republic, Lithuania, Germany, Poland or Slovakia; d) the car sustained parking damages or acts of vandalism unless they make it impossible to use the car and the Lessee is not responsible for such damages; e) the car s tyre was punctured. Duties of the Lessee and contractual penalties 43. On the occurrence of the event specified in clauses 44 and 45 the Lessee shall be effected by payment of contractual penalty specified in these clauses unless the Lessee proves that the infringement of the Regulations occurred for reasons for which neither the Lessee nor the User shall be held responsible (e.g. with a written statement of the perpetrator or, in the event that the perpetrator remains unknown with an official police note from the site describing the circumstances of the occurrence or the documentation of the investigation or preparatory proceeding in case of theft or other criminal occurrences). 44. The value of contractual penalty in case of car damage or failure to perform obligations referred to in clause 40 depends on the class of the car leased and shall be as follows: - class B, B+, B automatic - PLN 2,000 - class C, C+, C automatic, M - PLN 4,000 - class D, D+, D automatic, SUV, SUV automatic, R cargo, N - PLN 5,000 - class VAN automatic, R, N freezer - PLN 7,000 - class E, SUV Premium - PLN 10,000 - class other than listed above - PLN 5,000
45. Other contractual penalties: a) damage or loss of car keys or remote control - PLN 1,000 b) damage or loss of car documents (except as defined in clause 49 letters e) - PLN 700 c) damage or loss of a registration plate, registration sticker on the window (each) - PLN 400 d) violating the ban on tobacco smoking, using electronic cigarettes, alcohol consumption or drug use inside the car - PLN 500 e) violating the ban on transporting animals - PLN 300 f) returning a dirty car - PLN 100 g) returning a dirty delivery or specialist car - PLN 150 h) returning the car with not permanent (i.e. removable with the application of standard cleaning procedures applied at professional laundrettes) spots on the seats, car upholstery or in the boot - PLN 500 i) using the car without a valid contract a daily rate plus PLN 100 for each day started j) loss of the car guarantee resulting from the fault of the Lessee or the User, making car repairs without the Lessor s consent - PLN 2,000 k) tanking inappropriate kind of fuel referred to in clause 19 letter c) - PLN 2,000 l) disassembly, exchanging a car part or introducing a modification in the car without the Lessor s consent - PLN 2,500 m) going abroad without the Lessor s consent (except for countries referred to in clause 21) - PLN 2,000 n) the car being driven by a person other than the Lessee or the User - PLN 1,000 o) damage or loss of hubcap (for each hubcap) - PLN 100 p) damage of the aluminium rim (for each rim) - PLN 1,000 q) damage of the tyre in the situation referred to in clause 20 - PLN 100 r) damage of the tyre in the situation referred to in clause 20 in the situation when it is not possible to buy one tyre of the same type - PLN 200 s) losing the parking ticket issued by a car park operator - PLN 150 t) supplementing missing fuel to the original volume - for each litre of fuel (the penalty covers the cost of purchase and supplementing the missing quantity) - PLN 7 46. The Lessor reserves to himself the right to seek supplementary compensation on general terms and conditions in the event that the value of damage exceeds the contractual penalty due. 47. For additional fee defined in clause 60, the Lessee may purchase Packages which shall decrease his/her responsibility for the car leased: a) CDP + TP decreases the Lessee s responsibility for damaging the car referred to in clause 44 by 50% and excludes the provisions of clause 46 and clause 45 letter n); b) SCDP + TP + WDP + TDP - excludes the Lessees responsibility for damaging the car referred to in clause 44 (including window panes, tyres and rims) and excludes the provisions of clause 46 and clause 45 letters n-r). 48. The Packages referred to in clause 47 do not exclude liability by way of other contractual penalties or other liability defined in the Regulations (including liability defined in clause 49). The Packages referred to in clause 47 may be purchased solely for the entire term of the contract.
49. The Lessee shall be liable in full for damage arisen due to the Lessee s premeditated action or negligence including: a) wilful damage of the car interior and leaving permanent stains, b) driving the car under the influence of alcohol, drugs or other substances or without a valid driving licence, c) fleeing the scene of the accident or collision, d) forbidden leaving the territory of Poland, e) failing to fulfil the duty of returning the car registration document or the set of car keys after the theft of the car or failing to fulfil other duties required by the insurer which results in the insurer s refusal to pay compensation, f) exceeding the allowed speed limit or load capacity or another infringement of road traffic regulations binding at the site of collision or road accident, g) participation in a contest, rally, race show or any other event of that sort, h) provision of false data or documents for the purpose of leasing the car. 50. In justified cases, the Lessor has the right to forfeit charging a contractual penalty in part or entirety. Fees 51. Fees resulting from the lease contact (including the rental fee) shall be paid upfront in Polish Zlotys (PLN), at the rate binding on the date of making the reservation unless it is not possible to determine and collect a given fee upfront due to the kind or time at which the payment duty arises. In such case the fee shall be collected at the end of the lease In the event of a substitute car rental, the Parties may differently define the principles or settling lease fees, especially so if a third entity is a party to such settlements. In the event that a third entity refuses to pay in part in entirety the sums due to the Lessor for car rental, the Lessee shall pay such sums to the Lessor within the time limit not exceeding 7 days from the receipt of the call requiring such payment. The Lessee may withdraw the consent for the accounting documents being issued and sent electronically. The consent may be withdrawn in writing or by sending an e-mail to the address: reklamacje@panek.eu. All the prices listed in the Regulations, lease contract or www.ipanek.pl webpage are stated gross unless the lease contract or the frame contract indicate otherwise. In case of discrepancies, the lease rates listed in the lease contract or the frame contract shall apply. 52. All the costs involved in the transfers of moneys due under the contract shall be paid by the Lessee. 53. Renting the car of class C, C+, C automatic, N, N freezer, R cargo by the person aged 19-21, the car of class D, D+, D automatic, R, SUV, SUV automatic, VAN automatic by the person aged 21-23, or the car of class E, SUV Premium by the person aged 25-28 (for a day of lease) - PLN 40 54. Issuing the car outside working hours of the rental outlet - PLN 40 55. Returning the car in cases referred to in clause 35 a) - PLN 40 56. Returning the car in cases referred to in clause 35 b) - PLN 100 57. Exceeding mileage payable for each kilometre exceeded - PLN 0.50
58. Making the car available or collecting the car from within the borders of the town where the rental outlet is located - PLN 50 59. Making the car available or collecting the car from outside the borders of the town where the rental outlet is located - PLN 4 for each kilometre calculated from the town centre indicated by navigation to the place of collection. 60. Packages limiting the Lessee s liability referred to in clause 47 (daily fee, whereas if rental period is up to 29 days - the fee will not exceed 15 days and if rental period is over 29 days - the fee will not exceed 10 days): a) CDP+TP - class B, B+, B automatic - PLN 30 - class C, C+, C automatic, M - PLN 50 - class D, D+, D automatic, SUV, SUV automatic, R cargo, N - PLN 60 - class VAN automatic, R, N freezer - PLN 80 - class E, SUV Premium - PLN 100 - class other than listed above - PLN 60 b) SCDP+TP+WDP+TDP - class B, B+, B automatic - PLN 50 - class C, C+, C automatic, M - PLN 80 - class D, D+, D automatic, SUV, SUV automatic, R, R cargo, N, N freezer, VAN automatic - PLN 100 - class E, SUV Premium - PLN 150 - class other than listed above - PLN 100 61. Each User other the Lessee for each day of the lease - PLN 15 62. GPS navigation with the map of Poland (per day, but the fee will not exceed 10 days) - PLN 20 63. Child chair or seat (per day, but the fee will not exceed 10 days) - PLN 20 64. Administration fee for processing dues or fees referred to in clause 26 - PLN 100 65. Fee for resigning from the performance of the contract up to 48h prior to the start of the lease - PLN 50 66. Fee for resigning from the performance of the contract 48h or less prior to the start of the lease - PLN 300 67. Return of the car at the venue other than specified in the lease contract - PLN 300 Complaints 68. Complaints shall be sent by mail to the address of the Lessor s seat indicated in clause 1 or the e-mail address: reklamacje@panek.eu. 69. Complaints shall be considered within the term of less than 30 days since the day of the complaint reaching PANEK S.A. 70. The Lessee shall be informed about result of the complaint s consideration electronically by an e-mail sent to the address indicated by the Lessee if the complaint was sent by e-mail or by letter sent to the postal address indicated by the Lessee if the complaint was sent by letter.
Final resolutions 71. Amendment of the lease contract requires written or document form. 72. Personal data shall be administered by the Lessor PANEK S.A. with registered office in Warsaw (02-390), 208 Grójecka Street, Personal data shall be processed by the Lessor or third parties cooperating with the Lessor for the purposes of performing the car rental contract, direct marketing of own products or the services of the Lessor. Personal data are supplied at will. The person whom the personal data concern has the right to access the contents of his/her personal data and correct them. 73. The Lessee may not withdraw from the lease contract or extend it pursuant to art. 27 of the law of May 30 th 2014 on consumer rights (Journal of Laws of 2014 item827 as amended) pursuant to art. 38 clause 12 of this law. 74. These regulations and the lease contract shall be governed by the Polish law. All disputes resulting in connection with the lease contract shall be decided by the court competent with regard to the Lessor s seat except for cases in which the party is the consumer in the understanding of art. 22 1 of the Civil Code, which shall be decided by courts of general competence.