APPENDIX NO. 1 TO OMNI SERVICE REGULATIONS - LEASE AGREEMENT
1.
Conclusion of the Lease Agreement
1.1.
The User shall have the access to information on the Vehicles available within the
particular Stations via the Application. With the use of the Application, the User may
indicate a Vehicle in the Station, in connection with which he/she intends to conclude
the Lease Agreement.
1.2.
After indicating the Vehicle and Station where the Vehicle is located, the User
concludes the Lease Agreement by clicking the "Book" button available within the
Application. As of the moment of clicking this button, VGP shall be entitled to
preauthorisation by means of payment of the amount not higher than PLN 15 with the
use of User's Payment Card. If the preauthorisation is completed (or VGP resigns
from the possibility of preauthorisation) and the Vehicle is not subject to another
Lease Agreement, the User shall receive confirmation of conclusion of Lease
Agreement within the Application. The Lease Agreement shall be considered
concluded as of the moment of receiving such confirmation. Otherwise, the
Application will show the message concerning failure to conclude the Lease
Agreement.
1.3.
The Lease Agreement is concluded on the condition that the User opens the Vehicle
being subject of the Lease Agreement ("Leased Vehicle") with the use of the
Application by clicking the "Open" button within 30 minutes as of booking the car, i.e.
clicking the "Book" button available within the Application. If the Leased Vehicle is not
opened within this period, the Lease Agreement shall be terminated and the parties
shall not be entitled to any claims against the other party. If the Lease Agreement is
terminated in this manner, the User will be entitled to conclude another Lease
Agreement with regard to the same Vehicle not earlier than after the lapse of 2 hours
as of this period, unless VGP gives its consent to earlier conclusion of such Lease
Agreement.
1.4.
When concluding the Lease Agreement, the User declares and warrants to VGP that
he/she is at least 21 years old, has full legal capacity to act, obtained driving licence
and still has got the driving licence and all other licences necessary to drive,
particularly that such licences were not revoked (including in particular lack of court's
decision concerning driving ban) and that the use of the Leased Vehicle by such User
shall not constitute violation of generally applicable provisions of law.
1.5.
If the User opens the Leased Vehicle within the period referred to in section 1.3, the
condition mentioned there is considered fulfilled and the User may begin using the
Vehicle.
1.6.
The Lease Agreement may be concluded in a language of Regulations accepted by
the User.
2.
Parties to the Lease Agreement
VGP and the User are parties to the Lease Agreement.
3.
Subject of the Lease Agreement
Pursuant to the Lease Agreement, VGP undertakes to lend the Leased Vehicle to the
User for undefined period of time (no longer than 30 calendar days), and the User
undertakes to pay the lease fee to the benefit of VGP.
4.
Using the Leased Vehicle
4.1.
After opening the Leased Vehicle by means of the Application, the User is obliged to
check the condition of the Vehicle and notify VGP of any damages or missing
equipment of the Leased Vehicle found by the User. If the Application does not allow
for notifying VGP of the damages or missing equipment, the User should contact
VGP via phone (number: 801 98 99 72).
4.2.
The User undertakes to use the Leased Vehicle in compliance with the generally
applicable provisions of law and the Regulations (including in particular the Lease
Agreement), as well as parking conditions applicable at the parking places chosen by
the User. The User particularly undertakes to refrain from driving the Leased Vehicle
when being under the influence of alcohol or condition indicating the consumption of
alcohol or other abusive substances or in a situation when, due to other reasons (e.g.
bad health condition), using the Vehicle by him/her could be a threat to road safety or
violation of law.
4.3.
The User is the only person entitled to drive the Leased Vehicle during the period of
the Lease Agreement. The User undertakes to make it impossible for the third parties
to drive the Leased Vehicle during the period of the Lease Agreement, unless VGP
grants consent for such action via the Application, in writing or via email, otherwise
being null and void. If the User violates the obligation referred to in the previous
sentence, he/she shall be responsible for actions and omission of the third party, who
was not stopped by the User, like for his/her own actions or omission, regardless of
the liability for damage, unless responsibility for violation of this obligation cannot be
attributed to the User.
4.4.
The User undertakes to ensure that the declaration referred to in section 1.4 will be
true, complete and not misleading during the whole period of the Lease Agreement.
In the case of any circumstances which make this declaration false, incomplete or
misleading, the User undertakes to immediately notify VGP of this fact.
4.5.
The User undertakes to use the Leased Vehicle in a manner which will not put the
Leased Vehicle at risk of damage or wear and tear to the greater extent than arising
out of normal use of the Vehicle, and not to use open fire, smoke, consume alcohol or
other substances in the Leased Vehicle. If the Leased Vehicle gets dirty (inside or
outside) as a result of User's actions, he/she will be obliged to notify VGP of this fact.
If the dirt is the result of violation of obligation referred to in the previous sentence,
notifying VGP does not exclude liability of the User provided for in the Lease
Agreement.
4.6.
The User is entitled to carry passengers in the Leased Vehicle, unless such action
constitutes violation of generally applicable provisions of law or poses threat to road
safety. The User undertakes particularly not to carry greater number of people in the
Leased Vehicle than indicated in the Application and not to use the Leased Vehicle
for business activities connected with transport of people or goods, as well as not to
provide services connected in any way with transport (even if the User does not
conduct business activities as defined in the applicable provisions of law).
4.7.
The User is not entitled to lease or lend the Leased Vehicle to a third party.
4.8.
The User undertakes to secure the Leased Vehicle each time in a way that makes it
impossible for unauthorised people to get into the vehicle, including in particular to
lock all doors, windows and boot of the Leased Vehicle after getting out of the Vehicle
and to enable the alarm (if the Leased Vehicle is equipped with the alarm).
4.9.
The User is entitled to use the Leased Vehicle only in Poland. He/she undertakes not
to take the Leased Vehicle abroad. The Leased Vehicle is equipped with GPS device
which allows VGP to reconstruct the Vehicle's route and to determine whether the
Leased Vehicle was driven abroad.
4.10.
Parking fee for the Leased Vehicle and similar fees (including in particular motorway
fees) are charged to the User during the period of the Lease Agreement.
4.11.
The User is obliged to immediately notify VGP of all damages of the Leased Vehicle
which occur during the period of the Lease Agreement.
4.12.
The User is obliged to read the insurance conditions applicable for the Leased
Vehicle, available in driveomni.pl website and in the glove compartment, as well as to
comply with the provisions of the insurance, including in particular in Emergency
Situations defined in section 6 below.
4.13.
The User is obliged to properly protect the documents provided by VGP with the
Leased Vehicle (including in particular Leased Vehicle registration book and
insurance certificate) and the Fuel Card, have them with himself/herself when driving
the Leased Vehicle and to return them together with the Leased Vehicle.
4.14.
The User is obliged to ensure that each passenger let into the Leased Vehicle uses
the Vehicle in accordance with section 4.5 and 4.8 of the Lease Agreement (as if the
passenger was obliged to do so by VGP). The User is responsible for actions and
omission of the passengers with this regard as for his/her own actions and omission.
4.15.
The User is not entitled to conduct repair, alteration, modernisation or other changes
of the Leased Vehicle (or to commission other entities not appointed by VGP to
conduct such actions) without VGP consent expressed in writing, via email or
Application, otherwise being null and void.
5.
Filling up Leased Vehicle
5.1.
The User undertakes to fill up the Leased Vehicle with the use of fuel compliant with
the specification of the Leased Vehicle.
5.2.
In each Leased Vehicle there is a Fuel Card used to pay for fuel within selected
Filling Stations cooperating with VGP. The list of such Filling Stations is available via
the Application. The User undertakes to fill up the Leased Vehicle only in the Filling
Stations listed. The User is not obliged to pay the price of fuel when filling up in the
Filling Stations with the use of Fuel Card. Such price is paid by VGP or cooperating
entities, and the remuneration for using fuel purchased in this manner is included in
the lease fee payable pursuant to the Lease Agreement.
5.3.
When using the Fuel Card, the User undertakes to fill up the fuel which will be used
only in the Leased Vehicle. The User undertakes to refrain from using the fuel
purchased in this manner in another way, including in particular from putting fuel in
the containers or other vehicles.
5.4.
The User undertakes to maintain the fuel levels which allow the User to get to the
nearest Filling Station during the period of the Lease Agreement (including also at the
moment of the end of such agreement) by means of filling up in Filling Stations with
the use of Fuel Cards.
5.5.
If the User fails to maintain appropriate fuel level and filling up in the Filling Station is
not possible before the fuel in the tank runs out, the User is obliged to notify VGP of
this situation. In such a situation, VGP may give its consent for filling up in a place
different than the Filling Station in order to allow the User to reach the Filling Station.
In such a case, the costs of filling up are borne solely by the User. VGP shall not be
obliged to reimburse the User for such costs.
6.
Procedure concerning Emergency Situations
6.1.
Whenever:
6.1.1. the Leased Vehicle is involved in collision, accident or other similar incident, is
damaged as a result of contact with another vehicle or damages another vehicle or is
involved in any other incident which results in personal injury ("Accident");
6.1.2. the Leased Vehicle is stolen or lost, or used by a person who is not authorised to use
it pursuant to the Lease Agreement ("Theft");
6.1.3. the User is deprived of possessing or using the Leased Vehicle pursuant to
circumstances other than indicated in section 6.1.2 (e.g. the Leased Vehicle is towed
away or wheel clamps are used) ("Deprivation");
6.1.4. the Leased Vehicle does not function properly and it is not caused by circumstances
referred to in section 6.1.1 or as a result of incidents other than indicated in section
6.1.1 it was damaged in a way which does not result in the inability to use the vehicle
(including in particular the body damages as a result of parking) ("Defect");
6.1.5. the Leased Vehicle does not function or functions inappropriately in a way which
poses threat to life, health or property security and this is not a result of the
circumstances referred to in section 6.1.1 ("Critical Defect");
6.1.6. the Leased Vehicle is not operational due to lack of fuel in the tank ("Lack of Fuel");
6.1.7. registration book, insurance certificate or Fuel Card is lost, stolen or damaged ("Loss
of documents");
an "Emergency Situation" as defined in the Lease Agreement occurs.
6.2.
The User is obliged to immediately notify VGP of finding the Emergency Situation.
6.3.
The User is obliged to comply with the instructions provided by VGP in connection
with the Emergency Situation, unless compliance with such instructions constitutes
violation of law, results in life- or health-threatening situations or damage which is
disproportionate with regard to VGP damage connected with the Emergency Situation
and Users' contribution to the Emergency Situation.
6.4.
In the case of each Emergency Situation, including in particular Accident, whenever
life- or health-threatening situation occurs, the User is obliged to contact emergency
services and undertake every action in order to ensure appropriate response of such
emergency services prior to actions referred to in section 6.2.
6.5.
If VGP does not decide otherwise, in the case of Lack of Fuel, the User is obliged
(pursuant to the action referred to in section 6.2 and fulfilling the instructions referred
to in section 6.3) to transport the Leased Vehicle to the nearest Filling Station at
his/her own risk and expense, unless a situation referred to in section 5.5 sentence 2
occurs.
7.
Period of the Lease Agreement
7.1.
The Lease Agreement is concluded for undefined period of time (no longer than 30
days). After the lapse of this period, the Lease Agreement expires.
7.2.
The User may terminate the Lease Agreement at any time by leaving the Leased
Vehicle in the Station, from which it was collected, and confirming it via the
Application.
7.3.
If the Leased Vehicle does not function or functions in a life- or health-threatening
way due to reasons attributable to VGP, and the parties to the Lease Agreement did
not agree as to further actions despite notifying VGP of this fact, the User is entitled
to terminate the Lease Agreement with immediate effect, in writing or via email.
Otherwise such termination shall be null and void. In such a case, the User is obliged
to leave the Vehicle in a Station or other parking place in Poland arranged with VGP.
7.4.
The User is obliged to return the Leased Vehicle in a condition in which he/she
collected it, taking normal wear and tear in consideration.
7.5.
VGP may terminate the Lease Agreement with immediate effect if:
7.5.1. any of User's declarations made while concluding the Lease Agreement or the
Account Agreement turns out to be false, incomplete or misleading;
7.5.2. The User commits gross breach of provisions of the Lease Agreement;
7.5.3. The User does not comply with VGP instructions in Emergency Situation against
section 6.3;
7.5.4. The User culpably damaged the Leased Vehicle;
7.5.5. using the Leased Vehicle poses a threat to life or health of the User.
7.6.
If the Lease Agreement was terminated by VGP due to reasons referred to in
sections 7.5.1-7.5.4 or due to termination of the Account Agreement, pursuant to
section 5.4 of the Regulations, the User is obliged to transport the Leased Vehicle to
the Station where the Vehicle was collected at his/her own risk and expense.
7.7.
If the Lease Agreement was terminated by VGP due to the reason referred to in
section 7.5.5, VGP shall determine the manner of returning and protecting the Leased
Vehicle together with the User.
7.8.
The Leased Vehicle is considered returned to VGP:
7.8.1. in each case - as of the moment of leaving the Leased Vehicle in the Station, from
which it was collected, and confirming it via the Application;
7.8.2. in cases referred to in sections 7.3 and 7.7 – also as of the moment of leaving the
Leased Vehicle in the place determined by VGP and the User.
7.9.
If, despite expiry or termination of the Lease Agreement, the Vehicle is not returned,
VGP shall, regardless of other legal measures, be entitled to make it impossible for
the User to get into the Leased Vehicle and to transport it, at User's risk and expense
to the Station from which it was collected by the User.
8.
Lease Fee
8.1.
The User is obliged to pay VGP the lease fee according to the rates shown in the
Application at the moment of conclusion of the Lease Agreement.
8.2.
The lease fee may depend on the period of the Lease Agreement.
8.3.
Lease fees shown in the Application are gross amounts.
8.4.
The lease fee shall be payable in arrears, pursuant to expiry or termination of the
Lease Agreement, and shall be calculated with the use of lease fee rate for the period
of the Lease Agreement provided to the User in the Application.
8.5.
The claim concerning the lease fee shall be payable as of the moment of expiry or
termination of the Lease Agreement.
8.6.
Payment of the lease fee shall take place automatically by means of Payment Card
indicated by the User and may occur at any moment pursuant to expiry or termination
of the Lease Agreement. If payment by means of Payment Card does not take place
within 7 days as of expiry or termination of the Lease Agreement, the User shall be
obliged to pay the lease fee amount with interest due to VGP bank account (the
number of this bank account will be provided in the Application). If the User fulfils the
obligation referred to in the previous sentence, VGP shall not retrieve payment via
Payment Card, but may do so until the User fulfils this obligation.
8.7.
Payment via Payment Card may be particularly influenced by the rules of using such
Card determined by Payment Card issuer or entity processing payments.
9.
Liability
9.1.
The User shall be liable towards VGP for damage in line with general conditions
insofar as VGP is not granted repair of the damage by the insurer of the Leased
Vehicle. For the avoidance of doubt, the Parties hereby agree that damage of the
Leased Vehicle is a damage caused to VGP, even if the Leased Vehicle is owned by
the entity cooperating with VGP with regard to execution of the Lease Agreement.
VGP undertakes to ensure that such entity shall not pursue claims connected with the
damage from the User, unless this provision turns out to be ineffective or invalid due
to any reason.
9.2.
For the avoidance of doubt, it is hereby decided that the User shall be fully liable
towards VGP for damage connected with false, incomplete or misleading character of
any of the declarations made by the User when concluding the Lease Agreement.
9.3.
The full liability of VGP arising out of the Lease Agreement is limited to the amount of
two lease fees payable pursuant to such Lease Agreement. This limitation shall not
apply to personal injury, wilful misconduct or gross negligence of VGP.
10.
Personal data protection
10.1.
10.2.
VGP is the controller of Users' personal data.
Personal data of the User shall be processed only for the purpose connected with
conclusion of the lease agreement, settlement of such agreement and investigation of
the potential complaints.
The User shall have the right to access and correct his/her personal data.
Provision of personal data is voluntary, but necessary for the purpose of conclusion of
the Account Agreement.
Personal data of the Users may only be made available to entities authorised
pursuant to the provisions of law.
10.3.
10.4.
10.5.
11.
Complaints and solving disputes
11.1.
The User may submit complaints concerning execution of the Lease Agreement
(including in particular concerning product defects) via email or traditional mail to the
following address: ul. Felińskiego 2, 01-513 Warszawa; [email protected] .
VGP shall respond to the complaint as soon as possible and shall make every effort
to respond no later than within 14 days as of the date of receiving such complaint.
11.2.
11.3.
Parties to the Lease Agreement also may, at their own discretion, use Online Dispute
Resolution website, which can be found with the use of the following address:
https://webgate.ec.europa.eu/odr/main/, in line with the rules provided for in
applicable provisions of law (including in particular regulation (EU) No. 524/2013 of
the European Parliament and of the Council of 21 May 2013 on online dispute
resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and
Directive 2009/22/EC (Regulation on consumer ODR). The following VGP email
address is used for the purpose of taking advantage of such method of solving
disputes: [email protected]
12.
Appropriate application
With regard to the scope not regulated in the Lease Agreement, the Regulations and
appropriate provisions of Polish law shall apply.