General Lease Conditions
I. GENERAL PROVISIONS
1. These General Lease Conditions (hereinafter referred to as the GLCs) define the detailed terms and conditions of the vehicle lease agreement, concluded by ADV Sp. z o.o. with its seat in Katowice 40-611, ul. Fabryczna 15, NIP 9542774145; REGON 360916622, entered into the register kept by the District Court of Katowice - Wschód - VIII Commercial Department of the National Court Register under KRS number 0000663669 hereinafter referred to as the ADV representing the owner of the vehicles with the participant of the trip (hereinafter referred to as the AGREEMENT).
2. The provisions of the Agreement and separate regulations different from those contained in the GLC shall take precedence over the provisions of the GLC.
3. Whenever capitalized terms other than those listed in paragraphs I and II of the GLC appear in the Agreement or Annexes to the Agreement, they shall have the meaning given in the paragraph of the Agreement or Annex in which they first appear.
II. DEFINITIONS
1. Lessor - means ADV Sp. z o.o. represented by authorized representatives;
2. Lessee - the person leasing the Vehicle from the Lessor;
3. Driver - the person(s) specified in the Agreement designated by the Lessee, authorized to use the Vehicle for the duration of the Agreement;
4. User - the Lessee and/or the Driver;
5. Vehicle - the vehicle that is the subject of the Lessee's performance with the registration number indicated in the Agreement.
III. LEASE AND USE OF THE VEHICLE
1. The Lessee may be an adult natural or legal person.
2. The Driver shall have and document authorization to drive the Vehicle.
3. In order to confirm the identity of the Driver and the Lessee who is a natural person, it is required to present two of the following documents in the original: a driver's license when leasing a motorcycle with cat.A, identity card, passport.
4. Should the Lessee be a legal entity, it is required to attach to the Agreement certified for conformity photocopies of registration documents of these entities and written authorization of the representative of the entity.
5. In the event that the Driver of the vehicle is not the Lessee, the Lessor may demand compensation for any damage, up to full satisfaction of his claim, at his option in whole or in part from the Lessee and the Driver jointly, from one of them or from each of them separately.
6. The Lessor, upon conclusion of the Agreement, shall transfer the Vehicle to the Lessee for use for the period specified in the Lease Agreement.
7. The Lessor shall make the Vehicle available for inspection prior to lease. The Lessee is obligated to familiarize himself with the technical condition of the vehicle and assess the vehicle's ability to move on his own. The Lessee shall move the vehicle solely on their own responsibility. At the release of the Vehicle, a Handover Protocol will be drawn up, which specifies the condition of the Vehicle at the time of handing it over to the Lessee. In the event of the Lessee's refusal or inability to sign the protocol, it is considered that the technical condition of the Vehicle is consistent with that described by the Lessor.
8. Provided that the User cares about specific, additional options of motorcycle equipment beyond the necessary basic equipment, or the color of the motorcycle, the User is obliged to inform the Lessor about it before booking a place in the trip and signing the vehicle lease agreement.
9. The User shall use the Vehicle in accordance with its intended use, in the manner specified in its manual, with due care in the operation of the Vehicle, and in particular to:
9.1. possess the documents prescribed by the traffic law,
9.2. secure the Vehicle against theft (locking the Vehicle each time and activating alarms and available locks),
9.3. leave the Vehicle only in guarded parking lots or in monitored places (applies to motorcycles). In the event of theft of the vehicle from an unguarded location, the Lessee shall bear full liability for compensation for the stolen vehicle. Does not apply to the above necessity to park or stop the vehicle for reasons of saving human life or health.
9.4. perform at his own expense standard maintenance of the vehicle, in particular, refueling the vehicle with proper fuel, checking and replenishing, in agreement with the Lessor, the coolant, engine oil and other operating fluids with technical parameters specified by the Lessor,
9.5. inspect the efficiency of lights and replacement of bulbs,
9.6. check the air pressure in the tires and the condition of the tires,
9.7. observe the applicable traffic regulations.
10. The vehicle may not be subleased, lent, or given in possession or lease to any third party.
11. the vehicle may not participate in competitions and sports races, rallies and training for them, may not be used for learning or improving driving*.
12. Without the Lessor's consent, the Vehicle may not leave the territory of Poland, the European Union depending on the destination of the tourist event in progress. It is absolutely forbidden to move the Vehicle outside the European countries and in Russia, former republics of the USSR, Albania, Bosnia and Herzegovina, Bulgaria, Montenegro, Kosovo, Macedonia, Serbia, Turkey.
13. It is forbidden to make alterations and repairs to the Vehicle without the consent of the Lessor.
14. In the event of a breakdown of the Vehicle, the Lessee shall immediately notify the Lessor and follow the Lessor's recommendations. If the malfunction affects the safety or may lead to damage to the Vehicle absolutely must not use it. The Lessor shall provide the Lessee with an efficient substitute vehicle for use, if he is able to do so, and further provided that the vehicle's inoperability was not caused by its improper operation or by behavior contrary to the law or safety requirements or provisions of the GPCs or GLCs. The Lessor shall not refund the equipment lease fees collected. Leaving a damaged vehicle unattended constitutes gross negligence.
15. The Lessee and the Driver shall be jointly and severally liable for any traffic violations occurring during the term of the Agreement.
16. It is prohibited to tow other vehicles, carry more people or luggage than specified in the vehicle registration certificate.
17. The Lessee agrees to make his data available to security authorities. Police, Municipal Police and other services having the authority to legitimize the Lessee or control the Vehicle in particular committing a traffic offense such as speeding photo radar.
In the case of receipt by the Lessor of a notice of committing an offense by the Lessee during his use of the vehicle, the Lessor shall charge the Lessee with the full costs related to the transfer of the payment of the penalty to the imposing authority, i.e. fees for correspondence, determination of the driver, commission fees for currency transfers, etc.
18. The Lessor or persons or entities authorized by the Lessor shall have the right to control in terms of compliance with the Agreement the use and condition of the Vehicle during the lease of the Vehicle.
19. The Lessor shall not be responsible for the items transported or left in the vehicle, as well as for losses caused by a mechanical defect in the vehicle or its equipment.
20. The Lessor shall not be liable for any losses caused by a vehicle breakdown resulting from improper operation of the vehicle, including failure to observe the rules of pt. III.10 of the T&Cs, operation of the Vehicle contrary to its intended use, improper driving technique of the Vehicle or failure to observe the rules of safety in road traffic. The Hirer shall also be liable for the above in the event of a violation of Section 9.
IV. LEASE REMUNERATION AND DEPOSIT
1. Remuneration for vehicle lease shall be made in advance in the form of payment by the Lessee (bank transfer, debit or credit card).
2. At the conclusion of the Agreement, the Lessor shall expect the Lessee to pay a Deposit in the amount of: PLN 5000.00
3. As a security for the lease of the motorcycle, the Lessee may benefit from a reduction in the value of the deposit to the amount of PLN 1000 in case of payment of the VIP package.
3.1 VIP package*: fee rate of 35 EUR or 35 USD or 35 GBP ** for each day of motorcycle lease. Fees paid under the VIP package are not refundable. If the VIP package is purchased, the Lessee shall be liable for damages up to the amount of PLN 1,000 with the exception of damages caused to the motorcycle described in pt. VI. (2) The VIP package holder is bound by all other provisions of the T&Cs.
*The VIP package does not include adventure tour events, training and coaching and unguided tours - self guided tour.
**Currency depends on the billing currency of the tourist event.
4. The deposit is a financial security for any claims of the Lessor against the Lessee and is intended to compensate for damage caused by the Lessee to the Lessor's equipment. The liability of the Lessee is not limited to the amount of the deposit paid. The Landlord may claim from the Tenant to repair the damage exceeding the amount of the deposit. Repairing the damage shall include the losses that the Lessor has suffered and the benefits that he could have achieved if the damage had not been caused to him. The Lessee shall complete Attachment 1 Lessee's Credit Card Statement along with the Lease Agreement.
5. The deposit may be paid"
5.1. by credit card - at the time of delivery of the motorcycle
5.2. by bank transfer to an account - min. 7 days before the date of release of the motorcycle
6. All costs associated with the transaction of payment of the deposit are on the side of the Lessee.
7. Unless there are grounds for withholding part or all of the Deposit, it will be returned to the Lessee within 7 days from the date of return of the vehicle to the bank account from which it was paid to the Lessor's account.
8. W przypadku konieczności zatrzymania części lub całości Kaucji zostanie ona rozliczona w terminie najpóźniej 30 dni od daty zwrotu pojazdu.
9. W przypadku spowodowania jakiejkolwiek szkody przez Najemcę na sprzęcie Wynajmującego kosztorys naprawy sporządzany jest wg. cennika Autoryzowanych Serwisów BMW - usługi , części i akcesoria. Wynajmujący skorzysta z usług serwisu dającego możliwość najszybszej naprawy szkody. Najemca ma prawo nie zgodzić się na najszybszą naprawę , jednak w takim wypadku zobowiązany jest do pokrycia wszelkich strat Wynajmującemu oraz wyrównania wszelkich strat osobom trzecim z Wynajmujący zawarł umowy Organizacji Imprezy Turystycznej.
V. RETURN OF THE VEHICLE
1. The Lessee shall return the vehicle at the place and time specified in the Agreement, in the same technical condition as at the moment of release to the Lessee, clean and tidy and refueled to the full, with the provided additional equipment, unless the Parties agreed otherwise in the Agreement.
2. Extension of the lease by more than one hour shall result in a charge for the next lease day, in accordance with the Lessor's price list.
3. If the Lessee does not return the Vehicle by 12 hours after the time indicated in the Contract and does not contact the Lessor, the Lessor will inform the law enforcement agencies about the theft of the vehicle and charge 10 times the daily rate for each day of delay.
4. If the Lessee returns the vehicle before the date specified in the Agreement, the Lessee is not entitled to a refund for the unused time of the lease. Refunds shall also not be made for a higher fuel level than specified in the handover protocol.
5. On the date of return of the vehicle, an equipment transfer protocol will be drawn up, where any possible damage or defects caused by the Lessee will be marked.
6. If, for various reasons, it is not possible to draw up the equipment handover protocol at the time of return of the Vehicle, in particular when the Vehicle is dirty or is returned in an unlit place, the Lessor will draw up the Equipment Handover Protocol on his own as soon as possible (e.g. after washing the Vehicle). Then it is assumed that the condition of the Vehicle is consistent with that described by the Lessor on the date of improper return of the Vehicle.
7. The Lessor will perform a detailed visual inspection at an Authorized BMW Service Center in order to verify hidden damage caused during the use of the vehicle by the Lessee/Driver (i.e., not visible during the visual inspection described in Section 6) The report from the detailed inspection will be delivered to the Lessee within 30 days from the date of return of the motorcycle by e-mail. The lessor agrees to cover any repairs in accordance with pt. IV .item 7.
VI. DAMAGE TO OR LOSS OF THE VEHICLE
1. The Lessor shall ensure the good technical condition of the Vehicle at the time of the lease, which shall be confirmed by the Lessee with a signature on the Protocol of delivery/receipt of equipment opened at the release for use of the vehicle to the Lessee.
2. The Vehicle has Autocasco/third-party liability/personal accident insurance. The Lessee/Driver is liable up to 100% of the value for damages:
2.1. arising while the driver of the vehicle was under the influence of alcohol or intoxicants,
2.2. arising while driving in excess of the speed limit,
2.3. arising during violation of traffic regulations, violation of provisions of the General Terms and Conditions of Third Party Liability and AC Insurance
2.4. culpable or resulting from gross negligence, loss of keys or vehicle documents,
3. The Lessee shall also be materially liable for damages to upholstery, scratches or dents to the car body or cockpit, damage to tires, rims and glass at repair prices at an authorized service station, which are caused by him (including those resulting from gross negligence).
4. The Lessee shall bear full responsibility in case of culpable action (including gross negligence) if the vehicle is returned with damage caused during lease. The Lessor will charge the Lessee with the cost of vehicle downtime (daily rate multiplied by the number of days needed to repair the Vehicle or the value of compensation for losses of third parties in the scope of concluded Tourist Event contracts),
5. In any case of road collision or accident the Lessee is obliged to immediately notify the Lessor, call the police to the scene of the accident and obtain the data of the perpetrator and his/her liability policy. In order to release the Lessee from liability for the incident the Police must confirm the culpability of the perpetrator.
6. In the event of a road collision / accident, the Lessee is obliged to secure the Vehicle and prevent further damage to it.
7. In the event of failure to inform the Lessor of the event (including damage to the vehicle as a result of the collision) within 12 hours of the event, the Lessee shall bear full responsibility for costs, losses, damages to third parties resulting from culpable / negligent failure to provide this information.
8. In case of theft of the Vehicle, the Lessee must immediately, i.e. within 1 hour of noticing this event, inform the Lessor of this fact and immediately (up to 24 hours) return to the Lessor the keys and documents from the Vehicle. Otherwise, the Lessee will be charged with an amount equivalent to the market value of the leased vehicle.
9. In the case of culpable loss / theft of the Vehicle by the Lessee (including gross negligence), he will be charged with an amount equivalent to its market value.
10. Standard lease costs, additional costs are specified in the Lessor's Price List and in the price lists of Authorized BMW Service Centers.
VII. NON-CASH MODE FOR INJURED IN ACCIDENTS AND TRAFFIC COLLISIONS
1. The lessor shall not agree to cede to him the responsibility in the matter of non-cash repairs of the damage.
2. The use of non-cash repair mode requires a separate agreement.
VIII. FINAL PROVISIONS
1. In matters not covered by these GPCs the provisions of the Civil Code shall apply accordingly.
2. The Agreement has been drawn up in two counterparts, one for each Party.
* does not apply to lease for participation in training courses organized by the Lessor or when the Parties have agreed otherwise.
These lease terms are effective as of 10.01.2023
