Terms and Conditions
14 Jun 2016

CHECK OUR TERMS AND CONDITIONS.

FEEL THE WIND IN YOUR HAIR AND ENJOY FREEDOM!

THE GENERAL LEASE TERMS 

#1. The General provisions

  1. Moto Mio Sp. z o.o. Sp. K,

with its registered seat  in Krakow 31-060, ul. Kamienskiego 53A, hereinafter referred to as “the Lessor”, is the owner of the motorcycle and its accessories described in the Lease Agreement (hereinafter jointly referred to as “the Object of the Lease”).  The General Lease Terms (hereinafter referred to as “the GLT”)  govern  the rights and responsibilities of the Parties with regard  to the transfer  for use,   by the Lessor,  in return for payment, of the Object of the Lease  to a consumer  or business entity, with whom the Lessor  has concluded the Lease Agreement (hereinafter referred to as the Lessee).

  1. The GLT form an integral part of the Lease Agreement with regard to the Object of the Lease and are binding upon the Lessor and the Lessee as of the date of signing the above-mentioned Agreement.

#2. Reservation, concluding the Agreement, fees, security deposit, the Agreement renewal, return of the Object of the Lease

  1. The Lessee may reserve the Object of the Lease by phone (+48 602 155 512), via e-mail (contact@rent-a-scooter.pl) or in person, at the Lessor’s office. The booking of the Object of the Lease is subject to the payment by the Lessee of a booking fee to the amount indicated by the Lessor. Upon making the payment the Object of the Lease is reserved for the Lessee for a period indicated in the booking form (Rental Period). Such reservation is valid until the date and time described as the start of the Rental Period. Upon the signing of the Lease Agreement  the booking fee is returned to the Lessee or credited towards the final rental payments for the Object of the Lease. In the event the Lease Agreement has not been concluded on the date indicated as the start of the Rental Period at the latest, the booking fee  shall be forfeited by the Lessor.
  2. The Object of the Lease shall be transferred for use to the Lessee provided the Lease Agreement, of which the GLT are an integral part,  has been signed by the Lessee. The signing of the Lease Agreement or an annex to such agreement takes place at the Lessor’s office.
  3. In the event the Lessee is a physical person, he/she has to be of age, with a valid identification card (or a valid passport in case of foreigners), valid driving license allowing him/her to drive the Object of the Lease . The same requirements have to be met by an additional driver indicated in the Lease Agreement. Upon appointing an additional driver one extra fee indicated in the Lease Agreement shall be charged.
  4. The Object of the Lease may be driven exclusively by the Lessee or an additional driver provided the latter was appointed in the Lease Agreement. The Lessee shall be obligated to ensure that the additional driver  appointed in the Lease Agreement   is familiar with the rules and regulations of using the Object of the Lessee stipulated for in the Lease Agreement and the GLT.
  5. The Lease Agreement is signed for a definite period of time. The amount of each rental fee is determined by duration of the rental period.
  6. Upon signing the Lease Agreement the Lessee shall make payment for the use of the Object of the Lease in the period indicated in the Agreement. In addition, the Lessee shall pay a security deposit to the amount provided for in the Agreement as security for the Lessor’s claims against the Lessee related to the use of the Object of the Lease. The amount of such security deposit may be retained by the Lessor, in part or in full.
  7. A security deposit amount shall be finally settled upon the return of the Object of the Lease to the Lessor. In the event of failure to return the Object of the Lease to the Lessor, as a result of its total destruction or loss, as well as in the event of returning a partly damaged Object of the Lease, the security deposit shall be settled with 45 days as of the date on which the Lessor was notified of a total destruction or loss of the Object of the Lease.
  8. Prior to the signing of the Lease Agreement the Lessor shall transfer the Object of the Lease to the Lessee for inspection. The Lessee is required to make an annotation in the Lease Agreement of any objections with regard to the Object of the Lease. Failure to do so may result in the Lessee’s forfeiture of the right to refer to any such objections thereafter.
  9. The Lessee shall return the Object of the Lease to the Lessor at the agreed time and place indicated in the Lease Agreement. Upon such return the Object of the Lease has to be clean, in good working order, undamaged and with the fuel amount equal to the amount upon the transfer of the Object of the Lease to the Lessee. In the event the Object of the Lease upon its return to the Lessor shall be dirty or with an amount of fuel lower than the amount upon the transfer of the Object of the Lease to the Lessee, the Lessee shall pay for the washing and fuelling of the Object of the Lease at the rates listed in the Lease Agreement.
  10. On the date of return of the Object of the Lease a protocol of receiving the Object of the Lease shall be drawn up in which the technical and visual condition of the Object of the Lease upon its transfer to the Lessee by the Lessor shall be described.
  11. In the event the Lessee shall fail to return the Object of the Lease to the place and at the time indicated in the Lease Agreement and to renew the Lease Agreement, the Lessee shall pay the Lessor  for using the Object of the Lease on a non-contract basis to the amount set forth in the Lease Agreement. The above circumstances shall  not exclude the possibility of taking an immediate  action by the Lessor aiming at returning the possession of the Object of the Lease to the Lessor  and shall entitle the Lessor to notify law enforcement agencies of a suspected criminal offence, i.e. the appropriation by the Lessee of the possession belonging to the Lessor.
  12. Any renewal of the Rental Period shall be possible exclusively prior to expiry of a hitherto contractual period and shall be subject to the signing of an annex to the Lease Agreement and paying by the Lessee of a due payment for the renewed Rental Period.
  13. If the Object of the Lease shall be returned prior to termination of the Lease Agreement, the Lessor shall not return any part of the previously collected fee for the renting of the Object of the Lease.
  14. The payments can be made as follows: a) in cash, b) by a debit/credit card.

# 3. Insurance of the Object of the Lease

  1. The Object of the Lease has a blanket insurance policy comprising: a third party insurance, a fully comprehensive cover, an accident insurance and  an assistance coverage. Within the scope of the above insurance  compensation for any damage to the Object of the Lease or to any things or persons can be reimbursed out of this coverage, save for the Lessee’s deductible set forth in the Lease Agreement. In case of the Lessee being a consumer, he/she shall be liable for the damage to the extent of  the deductible  provided such damage has occurred through the fault of the Lessee, an additional driver indicated in the Lease Agreement, or any other person to whom the Object of the Lease has been transferred for use by the Lessee.
  2. To the extent not covered by the insurance policy (which also includes a refusal by the Insurer to pay any part of or any  full amount of compensation for the reasons set forth in #3, Section 3 of the GLT), in case of any damage to the Object of the Lease or  to any other things or persons through the use of the Object of the Lease, the Lessee shall  bear full (unconditional) liability  towards the Lessor. In the event  the Lessee is a consumer he/she shall be liable towards the Lessor if any such damage has occurred through the fault of the Lessee, an additional driver mentioned in the Lease Agreement or any other person  to whom the Object of the Lease has been transferred for use by the Lessee.
  3. The above coverage shall not include:
  4. a) any intentional damage to the Object of the Lease;
  5. b) any damage to the Object of the Lease which has occurred when the driver was using the Object of the Lease after drinking alcohol, while being drunk or after taking drugs or psychoactive substances, or without a valid driving license or a license honoured in the Republic of Poland;
  6. c) any damage to the Object of the Lease which has occurred as a result of exceeding the permitted speed limit or as a result of any other flagrant breach of traffic regulations;
  7. d) any hit-and-run accidents;
  8. e) any damage which has occurred when the Object of the Lease was driven by a person unauthorized to operate it , as per the Lease Agreement ;
  9. f) any theft of the Object of the Lease in the event when the Lessee shall not be able to provide the key and registration card of the Object of the Lease;
  10. g) any theft of the Object of the Lease in which not all of the anti-theft devices were activated;
  11. h) other specified cases set forth in the Terms and Conditions of the Insurance Policy of the Object of the Lease .
  12. The Lessee shall remain liable towards the Lessor for any damage as a result of the loss of value of the Object of the Lease in the event when the accident has occurred entirely or partly through the fault of the Lessee, an additional driver or a person to whom the Object of the Lease has been transferred for use contrary to the Lease Agreement.

#4. Rules for the use of the Object of the Lease; procedures in the event of failure, collision or accident

  1. Upon transfer of the Object of the Lease to the Lessee the former becomes liable for any loss or damage to the Object of the Lease in pursuance of the Civil Code provisions. Throughout the whole period of the Lease Agreement the Lessor shall remain the owner of the Object of the Lease.
  2. The Lessee and an additional driver, provided the former has been appointed in the Lease Agreement, shall use the Object of the Lease in accordance with its intended standard use and shall exercise due diligence, particularly with regard to:
  3. a) complying with the traffic regulations binding on the territory of the Republic of Poland (or any other country in which the Object of the Lease is being used) including, in particular, the ban on driving the Object of the Lease under the influence of alcohol, narcotics, hallucinogenic or psychotropic drugs;
  4. b) familiarizing oneself with the terms and conditions of the insurance policy of the Object of the Lease and complying with such terms and conditions;
  5. c) possessing legal documents provided for in the Traffic Law while using the Object of the Lease;
  6. d) taking every precaution in order to prevent the Object of the Lease being stolen, inclusive of parking the Object of the Lease at manned or supervised parking lots;
  7. e) using the Object of the Lease in the manner that shall not exceed normal wear-and-tear;
  8. f) taking care of the visual condition of the Object of the Lease;
  9. g) performing at his/her own cost any standard service procedures, i.e. checking and ensuring possible fluid and oil replacement;
  10. h) checking the lights and ensuring possible bulb replacement;
  11. i) checking the tires condition and pressure;
  12. j) using the fuel in accordance with the engine specification provided for in the motorcycle registration card and its technical documentation;
  13. k) maintaining the Object of the Lease clean and tidy;
  14. l) transferring the Object of the Lease to the Lessor for a periodical technical ckeck-up immediately after the relevant communication has appeared on the motorcycle on-board computer screen (in case of motorcycles equipped with such device) or immediately in the event when  the motorcycle has reached the mileage indicating that a technical check-up is required , in accordance with the vehicle technical documentation.
  15. The Lessee shall have no right to make any alterations to or repairs of the Object of the Lease (except for the procedures mentioned hereinabove).
  16. It is forbidden to use the Object of the Lease during any games, rallies, jamborees, driving courses, as well as for the purpose of carrying out business activity (deliverers, couriers, etc.) .
  17. It is forbidden to exceed the maximum permissible load of the Object of the Lease.
  18. The Lessee shall not be entitled to sublet the Object of the Lease or to transfer it for use by any person (in return for payment or free of charge), except for an additional driver who was indicated in the Lease Agreement.
  19. The Lessee shall have the right to use the Object of the Lease on the territory of the Republic of Poland. Without written permission of the Lessor the Lessee shall not be allowed to leave the territory of the Republic of Poland. Any written consent of the Lessor for the Lessee’s leaving the territory of the Republic of Poland may be subject to the Lessee’s fulfillment of additional requirements, including the making of an extra payment.
  20. In the event of a failure or damage to the Object of the Lease (not resulting from any road collision or accident) the Lessee or an additional driver appointed in the Lease Agreement shall immediately and no later than 12 hours after any such failure or damage has occurred, within the Lessor’s office working hours, notify the Lessor of any such fact. In such case any further use of the Object of the Lease shall not be allowed. After the Lessor has been notified of any such failure or damage to the Object of the Lessee the Lessor shall give the Lessee further instructions, particularly with regard to the use of the assistance cover. Should it be necessary, the Lessee shall actively participate in claims adjustment with regard to the Object of the Lease and provide the Lessor with any necessary information pertaining thereto.
  21. If the Object of the Lease has been involved in a collision or road accident the Lessee shall immediately notify the Insurer (relevant data  can be found in the policy forwarded together with the motorcycle’s registration card and keys) and the Lessor of any such collision or accident and shall  call the police to the site right away.  Should it be necessary, the Lessee shall  actively participate in any proceeding aimed at explaining the causes of any such collision or accident and shall provide the Lessor with any necessary information pertaining thereto.
  22. If the Object of the Lease has any additional equipment that needs be assembled, the Lessee shall be obligated to properly assemble such equipment at the Lessee’s own cost and risk.
  23. For safety reasons (the securing of the Lessor’s possession) the Object of the Lease is equipped with a GPS location device that allows to determine the place where the motorcycle is or was at a given time.
  24. In case of a breach by the Lessee or by an additional driver appointed in the Lease Agreement or by any other person to whom the Lessee has transferred  the Object of the Lease for use contrary to the Agreement and the GLT , of any provisions set forth in this Clause, the Lessor shall be authorized to immediately terminate the Lease Agreement and demand that the Object of the Lease be immediately returned by the Lessee. Any information pertaining thereto can be forwarded to the Lessee by the Lessor in form of a text message sent to the telephone number provided by the Lessee.
  25. In addition, in case of any losses sustained by the Lessor as a result of a breach by the Lessee or by an additional driver appointed in the Lease Agreement , or by any other person to whom the Lessee has transferred  the Object of the Lease for use contrary to the Agreement and the GLT, of any provisions set forth in this Clause (e.g. fines, administrative penalties, court fees) the Lessee shall cover  any such damage in entirety (or in accordance with the rate sheet included in the Lease Agreement, or based on the costs and expenses incurred  by the Lessor). For  avoidance of any doubts the Parties agree that the Lessee shall be liable towards the Lessor (based on the rules provided for in the Civil Code provisions)  for any loss or damage to the Object of the Lease, missing parts, equipment  and any additional accessories of the Object of the Lease, as well as any damage occurred as a result of: 1) improper use and insufficient protection of the Object of the Lease ; 2) damage/destruction  of the Object of the Lease; 3) loss of documentation. In particular, the Parties agree that if any damage/destruction of  the Object of the Lease has occurred  through the fault of the Lessee , an additional driver appointed in the Lease Agreement  or any person to whom the Lessee, contrary to the Lease Agreement and the GLT,  transferred the Object of the Lease for use, the Lessee shall  pay the Lessor compensation that shall include the profits in form of rental fees for the Object of the Lease which have been  lost by the Lessor  in the period from the date at which the Object of the Lease was delivered to the authorized service until the date at which the  damaged/destructed Object of the Lease was repaired.
  26. For any acts or omissions of an additional driver or persons to whom the Lessee has transferred the Object of the Lease for use contrary to the Lease Agreement and the GLT, the Lessee shall be liable as if for the Lessee’s own acts or omissions.

#5. The final provisions

  1. 1. The Lessor shall not be liable towards the Lessee for any damage as a result of not reaching by the Lessee of a destination place due to a failure of or damage to the Object of the Lease.
  2. Any amendments to the Lease Agreement shall require a written consent of both Parties.
  3. In case the Lease Agreement has been concluded with a non-consumer entity any disputes related to the signing, performing and terminating of the Lease Agreement shall be settled by a Polish court having jurisdiction over the Lessor’s registered seat.
  4. In case the Lease Agreement has been concluded with a non-consumer entity, the Lessor’s shall not be responsible for the warranty for material defects of the Object of the Lease. Additionally, the contractual and non-contractual liability of the Lessor towards the Lessee shall be limited to willful misconduct .
  5. In case any of the provisions of the GLT shall become invalid or incapable of being enforced, all the other GLT provisions shall remain valid and enforceable. The Parties shall endeavor to replace any such invalid or unenforceable GLT provision with the provision that comes closest to expressing the invalid or unenforceable provision.