RENT OF A CAMERA, TERMS AND CONDITIONSKAMPR PIOTR RYBAK camping vehicle rental registered at ul. Tadeusz Szafrana 5A/47 in Krakow,
NIP: 9442142836.
1. GENERAL PROVISIONS
1.1. The Regulations are valid from July 1, 2020.
1.2. The Regulations define the rights and obligations of the LESSOR to the LESSEE and constitute an integral part of the VEHICLE RENTAL AGREEMENT concluded between the LESSOR and the LESSEE, unless the provisions of the VEHICLE RENTAL AGREEMENT explicitly exclude individual or all provisions of the REGULATIONS.
2. DEFINITIONS
VEHICLE RENTAL AGREEMENT– a lease agreement concluded between the LESSOR and the LESSEE.
CAMPER - a camping vehicle specified in the VEHICLE RENTAL AGREEMENT and the VEHICLE HANDOVER PROTOCOL, together with the basic and additional equipment agreed by the parties.
TENANT - a natural person who is over 25 years old and has full legal capacity, a legal person or an organizational unit whose representative using the KAMPER has a valid category B driving license on the territory of Poland (and the country where which the campervan is to be used) for at least 3 years.
DRIVER - the LESSEE or a natural person indicated by the LESSEE in the VEHICLE RENTAL AGREEMENT, who is at least 25 years old on the day of concluding the VEHICLE RENTAL AGREEMENT and has a valid certificate on the territory of Poland (and the country in which the CAMPER is to be used ) category B driving license for at least 3 years. The DRIVER must remain under the constant supervision of the LESSEE while driving.
GOOD CONDITION - means a non-deteriorated condition in relation to the condition on the day of issuing the CAMPER, taking into account its wear and tear due to proper use, and in particular means that:
- the general appearance of the CAMPER (including the paint coating) does not differ from the appearance of the CAMPER on the date of signing the VEHICLE HANDOVER PROTOCOL and the VEHICLE RENTAL AGREEMENT;
- body elements, chassis and bumpers do not show signs of damage such as dents, deformations or paint scratches;
- elements of internal equipment are not damaged or soiled to an extent exceeding wear due to proper use;
- mechanical elements are not worn to a greater extent than it results from the mileage of the KAMPER and the manufacturer's standards;
- the VEHICLE contains all documents, accessories and equipment of the CAMERA indicated in the VEHICLE HANDOVER PROTOCOL;
- the amount of fuel in the tank is equal to the amount on the day of delivery.
VEHICLE HANDOVER PROTOCOL - a document specifying the characteristics of the CAMPER and confirming the condition, equipment and suitability of the CAMPER for the agreed use.
STATUTE - these regulations.
3. GENERAL TERMS OF USE OF THE LESSOR'S SERVICES
3.1. The booking of the CAMERA is binding for the LESSOR after the LESSEE makes an advance payment of 20%.
3.2. The LESSEE who is a consumer within the meaning of the Act on consumer rights is entitled to withdraw from the contract or reservation within 14 days from the date of payment of the advance payment.
a) in the event of submitting a declaration of withdrawal from the contract or cancellation of the reservation, if there are less than 60 days left to the beginning of the period, the LESSOR is entitled to charge a fee resulting from the loss incurred by the LESSOR. The minimum fee is equal to the 1-day rental price of the CAMERA and the total fee charged as a result of the loss incurred may not be higher than:
- 20% of the total rental value if there are between 30 and 59 days left before the start of the rental period;
- 60% of the price if there are between 7 and 29 days left to the start of the rental period;
- 100% of the price if less than 7 days remain before the start of the rental period;
b) if the LESSOR manages to rent the CAMERA to a third party within the period covered by the reservation, the LESSOR may refrain from charging the fee mentioned in point 3.2 sub-point a).
3.3. If the LESSEE who is not a consumer within the meaning of the Act on consumer rights submits a declaration of withdrawal from the contract or cancellation of the reservation, the Lessor is entitled to charge the following fees:
a) PLN 0 - if there are 60 or more days left to the start of the rental period;
b) 20% of the rental price (but not less than PLN 1,000) if there are between 30 and 59 days left to the start of the rental period;
c) 60% of the price (but not less than PLN 1,500) if there are 7 to 29 days left to the start of the rental period;
d) 100% of the price if there are less than 7 days left to the start of the rental period;
e) if the LESSOR manages to rent the CAMERA to a third party within the period covered by the reservation, the LESSOR may refrain from charging the fee mentioned in point 3.3 subsection a), b) or c).
3.4. The LESSEE is obliged to make an advance payment no later than 7 days from the date of booking. Lack of the above payment results in the immediate cancellation of the reservation.
3.5. The LESSEE is obliged to pay the entire rental amount no later than 7 days before the start of the rental period. Lack of the above payment results in the cancellation of the RENTAL AGREEMENT and the retention of the advance payment by the LESSOR and the calculation of the fee resulting from the loss incurred by the LESSOR referred to in point 3.2. point a).
3.6. The LESSEE is not entitled to withdraw from the contract in the event that the VEHICLE HANDOVER PROTOCOL has been signed, also if the 14-day period from the advance payment or the conclusion of the RENTAL AGREEMENT and payment of the entire amount due to the LESSOR has not yet expired
4. DEPOSIT
4.1. The LESSEE is obliged to pay a deposit of PLN 3,000 before the planned first day of the rental period at the latest.
4.2. The deposit is intended to secure the LESSOR's claims under the RENTAL AGREEMENT and these REGULATIONS and for damage, theft or destruction of the RV or equipment, for which the LESSEE may be held responsible in accordance with generally applicable law. The LESSOR is entitled to claim compensation exceeding the amount of the deposit if the damage resulting from the act or omission specified in sentence 1 above exceeds its amount.
4.3. The deposit will be returned within 10 working days from the date of return of the CAMERA if no damage or lack of equipment has been found, and in the event of damage to the VEHICLE - not earlier than after the completion of the proceedings involving the liquidation of the damage and the satisfaction of claims for damages, which the LESSOR undertakes inform the LESSEE immediately.
4.4. The deposit is not subject to interest.
5. RULES OF USE OF THE VEHICLE
5.1. It is strictly forbidden to smoke tobacco, tobacco products and all kinds of e-cigarettes in the Vehicle and to use open fire. In the event of a violation of the smoking ban by the camper user or any third party during the rental period, the LESSEE will be charged with the costs of additional cleaning and a contractual penalty of PLN 1,000. The LESSOR may claim compensation exceeding the amount of the reserved contractual penalty in the event that the damage resulting from the violation of the smoking ban exceeds the amount of the reserved contractual penalty (also in the event that the next LESSEE withdraws from the contract due to the smell caused by smoking).
5.2. The LESSOR declares that the RV and its equipment meet the conditions provided for by the standards of applicable Polish law.
5.3. The LESSOR does not make any representations regarding the admissibility of using the RV or its equipment in the territory of countries other than the territory of the Republic of Poland.
5.4. In each case, it is the LESSEE who is obliged to independently obtain up-to-date information on the requirements for the use of the CAMPER and its equipment (or the need to retrofit the VEHICLE) in the territory of third countries.
5.5. The LESSOR is not responsible for the inability to use the RV or its equipment by the LESSEE in accordance with the intended purpose in the territory of third countries resulting from the requirements of the law of these countries.
5.6. Throughout the period of the Rental Agreement, the LESSEE is obliged to use the CAMERA and its equipment in accordance with their intended purpose, in particular in accordance with the CAMPER's operating instructions and the instructions of the manufacturer and the LESSOR, and in accordance with the traffic regulations.
5.7. The LESSEE is obliged to regularly check the technical condition of the CAMPER, including refilling liquids and consumables at its own expense, and to make sure that the CAMPER meets the conditions necessary for safe driving each time.
5.8. The camper cannot be used for purposes other than recreational and tourist purposes, it cannot be used for the courtesy or payable transport of cargo (except for the LESSEE's tourist luggage and people who travel with it), or for the courtesy or pay transport of people other than the Renter and people with whom travels.
5.9. It is absolutely forbidden to drive the KAMPER under the influence of alcohol or any drugs.
5.10. The camper may be used only within the territories of the European Union countries or countries previously agreed with the LESSOR. It is not allowed to use the CAMERA in countries or regions affected by warfare, riots or riots. The LESSEE is obliged to check the official announcements of the authorities of the country in which the campervan is used each time regarding the current situation of a given country or region and the announcements of the Polish Ministry of Foreign Affairs issued in this regard.
5.11. Transporting pets is possible with the prior consent of the LENDER.
5.12. The LESSEE undertakes to take care of the RV and keep it in GOOD CONDITION, in particular taking into account the properties of the RV, its appearance and the requirements of the law.
5.13. The LESSEE may not change the purpose of the RV or make any changes to the RV. The LESSOR may give written consent to the installation of accessories in the vehicle for the LESSEE's account, provided that the deinstallation of these accessories after termination of the RENTAL AGREEMENT is possible without leaving permanent traces and in a way that does not reduce the value of the CAMPER.
5.14. The LESSEE may not make any repairs in the RV, subject to the situation. In a situation where repairs are necessary for further operation, the LESSEE is obliged to obtain the LESSOR's written consent to make the necessary repairs.
5.15. The LESSEE has no right to give the RV to third parties for use in any way. The LESSEE undertakes to make the CAMERA available for use only to persons indicated in the RENTAL AGREEMENT or the VEHICLE HANDOVER PROTOCOL, provided that these persons have the appropriate qualifications and documents. For the actions and omissions of third parties and persons indicated in the RENTAL AGREEMENT or the VEHICLE HANDOVER PROTOCOL, the LESSEE is responsible as for its own actions and omissions.
5.16. The LESSEE shall not perform and shall not undertake to perform any disposal, encumbrance and obligation actions as well as legal and factual actions resulting in a third party obtaining possession or possession of the Campervan.
5.17. The LESSEE is obliged to immediately, not later than within 12 hours, notify the LESSOR of significant events concerning the RV, which in particular include:
- road accident or collision;
- occurrence of any damage to the CAMPER or its equipment, also in a way other than in connection with an accident or road collision;
- loss of the RV or its equipment;
- excessive wear of the CAMPER or its components that were not revealed during the last inspection;
- revealed hidden defects;
- destruction or loss of CAMPER documents or registration plates;
- stopping the KAMPER or documents by the Police or other authorized bodies.
6. RESPONSIBILITY OF THE LESSEE
6.1. The LESSOR declares that the MOTOR has a purchased OC, AC and NW policy with the rental option.
6.2. The LESSEE will receive a copy of the General Terms and Conditions of Insurance, specifying the procedures and requirements for the LESSEE in the event of damage. The LESSEE is obliged to strictly comply with the General Terms and Conditions of Insurance. In the event of non-compliance with them, the LESSEE bears full responsibility for any damage incurred in this respect by the LESSOR, in particular related to the refusal to pay compensation for this reason by the insurer.
6.3. The LESSEE shall be liable for damages for the RV Motorhome on a risk basis, including the loss, destruction or damage of the RV, from the moment it is handed over to the LESSEE in accordance with the provisions of the RENTAL AGREEMENT, in the event of the LESSEE's failure to comply with the conditions provided for in the terms and conditions of the RV motorhome insurance and the resulting refusal of the insurer to pay compensation or cover the damage in another form, in whole or in part.
6.4. The value of the CAMERA before the event resulting in the LESSEE'S liability is equal to the market value of the CAMERA according to the assessment of the PZMOT expert appointed by the LESSOR.
6.5. The LESSOR's claims resulting from the liability specified above will be reduced by the amounts paid to the LESSOR by the insurance company in the performance of the motorhome insurance contracts.
6.6. In the event of loss of KAMPER documents and/or keys, the LESSEE bears all costs related to the preparation of their duplicates, and in the event of loss of registration plates, the costs of re-registration of the KAMPER, including the costs of new plates.
6.7. The LESSEE undertakes to pay all fees related to the use of the RV, including parking costs, fines, proceedings in petty, criminal and civil cases related to the possession and use of the RV.
6.8. The LESSEE shall be responsible for the untimely return of the CAMPER, also in a situation where the CAMPER was detained by the competent authorities in the country where it stayed as a result of the LESSEE's act or omission.
6.9. Throughout the rental period, the LESSEE is obliged to exercise due diligence when using the CAMERA and the equipment and to secure the CAMERA and EQUIPMENT in the absence of the LESSEE in a way that prevents their collection, theft or destruction, in particular by properly closing the doors and windows of the VEHICLE, activating the alarm each time, using locks and brakes. Where possible, the LESSEE should always leave the RV and equipment in a supervised or guarded place.
7. RELEASE AND RETURN OF THE CAMPER
7.1. The release of the CAMERA can only take place after signing the RENTAL AGREEMENT, signing the VEHICLE HAND-OVER PROTOCOL and settling all obligations arising from the RENTAL AGREEMENT. The release and return of the CAMERA takes place between 10:00 - 18:00 or other dates agreed by the parties. The motorhome issued by the LESSOR is technically checked, washed, prepared for driving and fully fueled.
7.2. The LESSEE is obliged to collect the RV on the first day of the rental period and return the RV on the last day of the rental period specified in the RENTAL AGREEMENT, from 10:00 to 18:00 or on another date agreed by the parties.
7.3. The release and return of the CAMERA takes place after the parties sign the VEHICLE HANDOVER PROTOCOL and should take place at the place agreed by the parties. The VEHICLE HANDOVER PROTOCOL is prepared in two copies - one for the LESSOR and the LESSEE.
7.4. In the event of returning the CAMERA after the set date , the LESSOR is entitled to charge a contractual penalty for each commenced hour after the return date in the amount of 300% of the daily rate contained in the RENTAL AGREEMENT divided by 24 In the event that the damage to the LESSOR resulting from the late return of the VEHICLE by the LESSEE exceeds the amount of the contractual penalty, the LESSOR is entitled to claim compensation in this respect on general terms.
7.5. Before signing the VEHICLE HANDOVER PROTOCOL, the LESSEE is obliged to carefully read the condition of the CAMPER.
7.6. Signing the VEHICLE HANDOVER PROTOCOL is tantamount to confirming by the LESSEE that the CAMPER has been delivered in the proper condition, in accordance with the provisions contained in the RENTAL AGREEMENT and the VEHICLE HANDOVER PROTOCOL and is fully suitable for the agreed use.
7.7. The Lessee is obliged to return the RV in GOOD CONDITION, the RV must be cleaned inside by the LESSEE. The gray water tank should be empty and the chemical toilet emptied and flushed.
7.9. If there are discrepancies between the LESSOR and the LESSEE as to the condition of the RV or other data included in the VEHICLE HANDOVER PROTOCOL, they should be described in this PROTOCOL. The LESSOR will entrust the Authorized Vehicle Dealer with the preparation of an opinion on the condition of the CAMPER. The opinion prepared in this way will be ultimately binding on the parties. The costs of preparing the opinion shall be borne by the party whose position has not been confirmed in the opinion.
7.10. The Lessee is obliged to return the keys, vehicle documents, technical documentation and all other elements of the CAMPER's equipment and additional equipment included in the VEHICLE HANDOVER PROTOCOL together with the RV. If the LESSEE fails to fulfill the above obligation, he shall compensate the LESSOR for all costs incurred in connection with the removal of the consequences of failure to fulfill the obligation.
7.11. If, after the end of the RENTAL PERIOD or after the early termination of the RENTAL AGREEMENT, he continues to use the CAMPER, it does not mean the extension of the RENTAL AGREEMENT.
8. COMPLAINT
8.1. The LESSEE may submit complaints regarding non-performance or improper performance by the LESSOR of the services provided under the REGULATIONS.
8.2. The complaint can be sent to the e-mail address: info@kampr.pl or in the form of a registered letter sent to the following address: ul. Krótka 5, 32-040 Olszowice.
8.3. The complaint should contain: name, surname, e-mail address, justification for the complaint and a specific request of the LESSEE related to the complaint.
8.4. The LESSOR shall respond within 14 days from the date of receipt of a properly submitted complaint. The Lessee will receive information on how to handle the complaint by e-mail or in the form of a registered letter.