1. General provisions
1. The lease is signed by both parties: the Lessee and the Lessor.
2. The Lessor is informing the Lessee that the contracted subject matter shall be the Vehicle and not provision of touristic services within the meaning of the Act of 29/08/1997 on hotel services and services of tour leaders and touristic guides (Journal of Laws 1997 No. 133, item 884, as amended). This means that the Lessee shall individually organise and plan his/her trip and is aware of the fact that he/she shall assume full responsibility for himself/herself, for other passengers and for the Leased Object and shall be prepared for any unexpected situations, e.g. sickness, accident, breakdown of the Vehicle, etc., because the Lessor’s assistance may be limited e.g. due to night time or lack of mobile network coverage at the Lessee’s location. The Lessor shall ensure legally required insurance of the Leased Object. Any additional insurance (other than mentioned in § 2) shall be concluded by the Lessee at his/her own cost.
3. The Leased Object shall be a selected special camping vehicle possessed by CA Investments Sp. z o.o. with the corporate seat in Warsaw, ul. Kleszczowa 15A, NIP: 1231359664, REGON: 367787777, KRS: 0000686225 with selected standard of equipment described in the delivery protocol. In the delivery protocol the parties shall describe actual condition of the Vehicle. The delivery protocol shall constitute basis for comparison of the condition of returning the Vehicle with the condition, in which it was delivered.
4. The Lessor represents that it possesses the Vehicle and holds its valid Civil Liability (OC), Autocasco and Assistance policies constituting integral part of the General Terms of Insurance, and that the Vehicle is in good technical condition and has been provided with valid technical certification.
2. Lessee
1. Lessee’s particulars
The Lessee agrees to confirm his/her personal data by an identity document containing: name and surname, birth date, registered home address (unless the Lessee makes a statement on the address) and PESEL number.
2. Lessee’s age
The camper may be leased by a person who is at least 26 years old.
3. Lessee’s driving licence
The camper may be leased by a person who holds a valid document entitling him/her to drive vehicles of B category and who has been entitled to drive vehicles of B category at least for the last three years.
4. Costs of usage
During the Lease all costs of usage of the Vehicle, i.a. costs of fuel, paid motorways and operational liquids shall be covered in full by the Lessee.
5. Travel route
The Lessee agrees to inform the Lessor of approximate travel route. Any travel by the Leased Object outside of the Republic of Poland, Europe, European areas of Russia and Turkey shall be agreed in advance with the Lessor. In the event of the Lessor’s disapproval, the Lessee shall bear unlimited liability for any damages in the Vehicle caused by violation of this agreement and shall lose the right to have the deposit returned.
6. Distance limit
The Lessor shall set a daily driving limit for the leased Vehicle. The average daily limit shall be 250 km and the fee for transgression of this limit shall amount to zł 0.65 per kilometre.
7. Safety
a. The Vehicle shall be locked during absence. The Lessee agrees to regularly check the Leased Object and to ensure that it fulfils all conditions necessary for safe riding. Any defects caused by usage of the Vehicle shall be removed immediately.
b. The Lessee agrees to carry the registration card and other documents of the Leased Object and the set of keys with a remote control in the entire period of the Contract. The Lessee agrees to make sure that the documents and the keys are not stolen, lost or damaged. In the event of any theft, loss or destruction the Lessee shall pay contractual penalty at zł 1000.
c. Leaving the afore-mentioned documents or keys inside the Vehicle shall be strictly prohibited and the Lessee shall be fully liable for any damage resulting therefrom.
d. The Lessee agrees not to exceed the speed limit of 110 km/h (advisably 100 km/h) and to drive with significant prudence, especially in tunnels, on bridges, etc., because of the Vehicle height, which depends on its model: from 290 to 330 cm.
3. Reservation and payment
1. Preliminary reservation
a. The Lessee may make preliminary reservation by:
• telephone
• e-mail
• website
• office
b. The Lessee shall receive confirmation of preliminary reservation by e-mail or in paper form (in the event of visit at the Lessor’s office).
2. Reservation
a. The final reservation shall be made upon execution of the Contract and payment of partial price (30%) for the Lease (however at least 1000 zł) within two days (48 h) of the execution date.
b. Payment of partial price for the Lease shall be deemed to be execution of the Lease Contract and acceptance of these Rules.
c. At the latest two days (48 h) before delivery of the Leased Object the Lessee shall fill in and send the documents required under these Rules and shall pay 100% of the Lease price. If the full price is not paid the parties shall concordantly assume that the Lessee has abandoned leasing the Vehicle and the amount already paid shall not be returned.
3. Cancellation
a. Should THE LESSEE waive the Lease Contract after payment of partial or full amount of the fee for the Lease, THE LESSOR shall have the right to retain:
• 55% of the paid amount when the contract is waived more than 14 days after the date of the beginning of the Lease period;
• 100% of the paid amount when the contract is waived less than 14 days after the date of the beginning of the Lease period.
b. Waiver of the Lease Contract by THE LESSEE shall be delivered to THE LESSOR in writing. The waiver date shall be deemed to be the date of receiving the letter by THE LESSOR.
c. THE LESSOR reserves the right to waive the Contract at any time if there is an earlier accident or damage of the reserved Vehicle or if there are any other serious circumstances and it is impossible to safely use and deliver the Vehicle to THE LESSEE. In such a situation THE LESSOR shall immediately return the partial or total fee and the deposit paid by THE LESSEE. THE LESSEE agrees not to claim any damages from THE LESSOR on this account.
4. Lease costs
1. Total costs of leasing the Leased Object shall be set on the basis of the Lessor’s current pricelist posted on its website. The costs shall include in particular:
• The fee for the Lease based on the number of days provided in the Lease Contract;
• The deposit that will be returned within seven days of the day of return of the Vehicle on condition that it was properly used and no provisions of these Rules were breached.
2. The Lease for a period shorter than five days shall require payment of additional service fee at zł 250.
5. Deposit
1. The Lessee agrees to pay a returnable deposit to secure any claims and liabilities for failure to fulfil or improper fulfilment of the contract, as well as any fees and penalties payable by the Lessee, at the amount not lower than zł 5000 and at the latest two days (48 h) before delivery of the Leased Object. In exceptional circumstances upon the Lessor’s consent the deposit may be paid just before delivery of the Leased Object. The deposit shall be allotted to payment of possible costs of repairs or losses in equipment of the Leased Object, as well as any other claims against the Lessee under the lease contract.
2. If no additional costs mentioned in § 5.1 are incurred, total deposit shall be returned within 7 days of the day of return of the Vehicle and execution of the delivery protocol. The deposit shall be returned to the bank account indicated by the Lessee.
3. If during 7 days any defects caused by the Lessee are disclosed, which were not accounted for in the delivery protocol because of oversight or concealment, the Lessor may reduce the deposit by the cost of repairing the disclosed defects, after documenting them and delivering this documentation to the Lessee.
4. If the Lessee breaches the terms and conditions provided herein, he/she shall lose the deposit in full or in part, especially in the following cases:
• Theft or destruction of the Leased Object – loss of full deposit;
• Road accident caused by the Lessee – loss of full deposit;
• Failure to check the engine oil, which can damage the engine – loss of full deposit;
• Damage of the Leased Object – returnable deposit reduced by half or, in the case of minor damage, by costs of repairing the Vehicle;
• Theft, loss or destruction of keys, remote control or documents of the Leased Object – returnable deposit reduced by zł 1000;
• Violation of the prohibition to smoke in the Leased Object – returnable deposit reduced by zł 600;
• Return of the vehicle dirty inside – returnable deposit reduced by zł 200;
• Dirty upholstery that needs washing – returnable deposit reduced by zł 400;
• Failure to clean the chemical toilette – returnable deposit reduced by zł 200;
• Return of the vehicle dirty outside – returnable deposit reduced by zł 200;
• Failure to refill fuel after the lease period – payable deposit reduced by zł 200 plus costs of fuel.
6. Restrictions in usage
1. It shall be strictly prohibited to smoke cigarettes, drink alcohol or take psychoactive drugs in the Leased Object.
2. It shall be prohibited to keep or transport animals in the Leased Object without the Lessor’s consent. The fee for keeping or transporting animals with the Lessor’s consent shall amount to zł 250.
3. The Leased Object must not be driven in wilderness, mountains or forests, for which it is technically unsuitable.
4. The Leased Object may be used solely for the purposes of recreation and tourism. It shall be prohibited to use the Vehicle to transport cargo, wild animals, pets, dead bodies or any dangerous chemical, biological, radioactive, flammable or illegal materials, or to participate in any automobile events.
5. The Leased Object must not be shared with any third parties other than the approved second driver. If the Vehicle is shared with any third party, the Lessee shall bear full liability for the Leased Object and shall be required to pay contractual penalty at zł 2,000.
7. Lessee’s liability
1. The Lessee shall bear full liability for any damages caused thereby when the insurer refuses to pay out indemnity or if the paid indemnity does not cover the whole damage. The Lessee’s liability (other than the obligation to pay contractual penalties) shall be reduced by amounts paid out by the insurer, notwithstanding the following provisions.
2. If any defect, breakdown, collision or road accident of the Leased Object is caused by the Lessee, the Lessee shall cover all costs necessary to remove consequences of such an event. The Lessee shall bear full liability for any damages inflicted on third parties in connection with movement of the Vehicle, unless relevant regulations preclude the Lessee’s liability.
3. If the Lessee cannot continue his/her travel because of any collision or other damages caused solely thereby, the Lessee shall not be returned the fee for the lease period remaining until the end of the contract.
4. The Lessee shall bear full liability for the Leased Object, especially in the event of theft or loss of its keys, remote control or documents.
5. The Lessee shall bear full liability for damages caused by his/her violation of traffic regulations, carelessness, negligence or devastation. The Lessee shall be liable for his/her own actions or omissions and for actions or omissions of other persons, with whom the Lessee carries out the Lease Contract (including persons using the Leased Object). The Lessee shall bear full liability for any damages caused by driving under influence alcohol, drugs or other intoxicating substances. The Lessee shall bear full liability for all damages of the Vehicle inflicted in the Contract period even if they are not caused directly by the Lessee. Examples of such damages may be: tire damage, window crack caused by a hit or suspension damage caused by failure to adjust speed to road conditions. If any such damages are inflicted the Lessee shall pay to the Lessor contractual penalty at half of the deposit for single each damage of the Vehicle.
6. The Lessee shall not bear liability for any damages or breakdowns of the Vehicle caused by the Lessor’s negligence. Examples of such negligence may be: oil not refilled in time or excessively worn tires.
7. The Lessee shall not bear liability for wear and tear of the Leased Object caused by ordinary usage thereof. Examples of such situations may be: worn brake blocks or worn tires.
8. The Lessee agrees to regularly check operational liquids of the Leased Object, in particular to check the level of engine oil and coolant with measuring devices.
9. The Lessee agrees to possess sufficient funds to remove any breakdowns occurring when the Leased Object is used, especially breakdowns that endanger or prevent further travel. The Lessee shall be required to properly secure the Leased Object.
10. If the Leased Object is repaired because of its wear and tear the Lessor shall reimburse the Lessee for costs of such a repair upon delivery of invoice or bill issued for the Lessor, provided that the Lessor is informed in advance of the required repair and approves its costs. In absence of such clearing documents or the Lessor’s approval, costs of the repair shall be fully covered by the Lessee.
11. If any breakdown or damage caused by wear and tear cannot be removed quickly so it is impossible to continue riding, the Lessor shall return to the Lessee part of the fee paid for the Leased Object for full days remaining to the end of the contracted period. The Lessee agrees to cover costs of returning home on his/her own and shall not be eligible for any indemnity on this account under common laws.
12. The Lessor shall not bear liability for any things of the Lessee and/or third parties left by the Lessee and/or third parties inside the Leased Object, e.g. in the event of theft or burglary of the Vehicle.
8. Lessee’s obligations in a situation of damage, collision or road accident of the Leased Object, or damage inflicted on third parties by road accident
1. In the event of any damage of the Leased Object the Lessee shall immediately inform the Lessor of this situation and shall proceed in accordance with the General Terms of Insurance and the Lessor’s guidelines.
2. In the event of any damage of the Leased Object the Lessee shall immediately report it to the police and shall obtain the official memo made by the police officer on site.
3. In the event of any damage of the Leased Object the Lessee shall secure the Vehicle so as to prevent increasing the damage.
4. The Lessee shall not repair or modify the Leased Object without the Lessor’s express consent granted prior to such a repair or modification.
5. If any damage of the Leased Object does not affect safety of riding and does not deteriorate its technical condition the Lessee may continue the travel upon the Lessor’s express consent.
9. Vehicle delivery and return
1. The Lessee agrees to be briefed on usage of the Vehicle before it is delivered thereto and to acknowledge this briefing in a written form signed by the Lessee and the Lessor.
2. If the briefing does not take place because of the Lessees’ fault, the Lessor may refuse delivering the Leased Object. Costs of any delay in delivering the Leased Object shall be borne in full by the Lessee.
3. The Lessee agrees to return the Vehicle by the deadline provided in the Contract and must not extend the Contract without the Lessor’s consent. The Lessor’s consent may be granted by telephone and confirmed by SMS. Transgression of the deadline shall result in charging a contractual penalty at zł 100 per each started hour of delay beyond the deadline. The Vehicle shall be returned with full fuel tank. If this condition is not fulfilled the Lessor shall charge the Lessee with refuelling costs and the contractual penalty provided herein.
4. If the Lessee fails to contact the Lessor within 24 hours of the deadline for returning the Vehicle, the Lessor shall inform the police of suspected theft, which may result in financial and/or legal consequences in addition to total loss of the deposit.
10. Miscellaneous provisions
1. Any issues not regulated in these Rules or the Contract shall be governed by provisions of the Civil Code.
2. Any disputes arising out of execution and fulfilment of the Contract or observance of these Rules between the Lessor and the Lessee that is not a consumer shall be referred solely to a court with jurisdiction over the Lessor’s corporate seat.
3. THE LESSEE must not sublease the Vehicle to any other persons without THE LESSOR’S written consent.
4. In case that the LESSEE wants to travel outside the Republic of Poland or the European Union, he must get a permition from the LESSOR.
5. The contract is executed in two identical counterparts, one for either party. Prior to signing the contract it was read and its terms and conditions were accepted by both parties.
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