MOTOLOCATION MOTORCYCLE RENTAL REGULATIONS
I. General Provisions
1. These regulations define the general terms and conditions for motorcycle rental agreements entered into by the Renter through the website www.motolocation.pl, as well as in any other way. The regulations apply to all such rental agreements unless the agreement states otherwise. In the event of a conflict between the rental agreement and the regulations, the parties shall be bound by the rental agreement.
2. The Renter shall ensure that the provisions of the Regulations or the rental agreement, concerning the obligations of the Renter and the User, as well as the rules of behavior in case of an accident or breakdown of the Motorcycle, are also observed by the User (under penalty of being liable for damages caused by the User's violation of the provisions of the Regulations), and shall familiarize the User with the provisions of these Regulations each time.
II. Definitions
1. Whenever the following terms are used in these Regulations:
a) Lessor – refers to the business MotoLocation Magdalena Kawecka, operated by Magdalena Kawecka, located at ul. Warszawska 32, 09-540 Sanniki, NIP: 5272553158, REGON: 387099270;
b) Renter – refers to an individual, legal entity, or organizational unit not being a legal entity, to whom the law grants legal capacity, who enters into a motorcycle rental agreement with the Lessor;
c) Motorcycle/Vehicles – refers to the vehicle described in Article 2, point 45 of the Road Traffic Act of June 20, 1997 (Journal of Laws 2017, item 128, as amended), which is the subject of the agreement with the Renter to which the provisions of these Regulations apply;
d) Portal – refers to the website operated by the Lessor, available at www.motolocation.pl, through which the Renter can make a Motorcycle and Equipment Reservation;
e) Reservation – refers to the conclusion of a distance contract via electronic means through the Portal or via phone or email;
f) Agreement – refers to the motorcycle rental agreement, specifying the make and model of the motorcycle, entered into between the Lessor and the Renter, to which the provisions of these Regulations apply;
g) Party – refers to the Lessor or the Renter;
h) User – refers to an individual named in the agreement by the Renter, authorized to use the Motorcycle during the term of the Agreement based on the provisions of the Agreement, for whose actions and omissions the Renter is liable as for their own actions.
i) Consumer – refers to the Renter – an individual performing a legal act with an entrepreneur not related directly to their business or professional activity;
j) Rent – refers to the base fee due to the Lessor under the Agreement for the rental of the Motorcycle, excluding other amounts due to the Lessor under the Agreement, including Additional Fees;
k) Reservation Fee – refers to the amount indicated in the Agreement, defining the advance payment amount;
l) Substitute Motorcycle – refers to the motorcycle provided by the Lessor in place of the Motorcycle in cases defined in the Agreement or the Regulations;
m) Price List – refers to an appendix to these Regulations, forming an integral part of the Agreement, listing additional fees not included in the Regulations.
III. Reservation Conditions and Rules
1. The Renter, also acting as the User, may use the Motorcycle without reservation, provided that they are directly at the Motorcycle, and the Motorcycle has not been previously reserved. If the Renter is not also the User, using the Motorcycle without reservation is only possible if the User and the Renter are both present by the Motorcycle.
2. Reservation is made via the Portal. The Renter, using the designated electronic form, or by phone or email using the contact details provided by the Lessor, may make a Motorcycle Reservation (concluding a distance contract) under the terms set out in this section.
3. A reservation is considered successfully made once the Renter has paid in advance (no later than 24 hours after confirming the Reservation) the Rent in full for the entire rental period or the Reservation Fee, and the Renter receives a reservation confirmation via email.
4. In the event of non-payment of the amounts referred to in paragraph 3, the Renter's actions aimed at making the Reservation are deemed void, and the entire reservation process must be repeated unless the Lessor grants the Renter additional time for payment.
5. Before making a Reservation, the Renter declares that:
a) they have read the terms of the Agreement, including the provisions of these Regulations, and agree to them;
b) all named Users meet the conditions to conclude the Agreement as specified in the Regulations.
6. If the Renter does not receive a Reservation confirmation within 12 hours from making the payment for the Rent or Reservation Fee, the Renter is obligated to immediately notify the Lessor, who will verify the correctness of the Reservation process and inform the Renter of the findings.
7. VAT invoices are issued if the Renter informs about the desire to receive one; invoice details must be provided when making the reservation.
8. VAT invoices covering the rent and other fees due under the rental agreement for the entire rental period are issued after the Motorcycle is returned. If the Renter agrees to receive VAT invoices for rent and other charges under the rental agreement electronically, the invoice will be sent to the Renter's email address provided during the reservation or when concluding the rental agreement.
9. The Renter, being a Consumer, does not have the statutory right to withdraw from the contract in relation to Motorcycle Rental under Article 38, point 12 of the Consumer Rights Act of May 30, 2014 (Journal of Laws 2020.287 as amended).
IV. Fees and Rent
1. The Lessor is entitled to receive payment from the Renter for the rental of the Motorcycle in the form of Rent, the total amount of which for the entire term of the Agreement or the method of its calculation is defined in each case in the Agreement. The Rent is charged for each started calendar day of the rental period.
2. Regardless of the obligation to pay Rent, the Renter is responsible for all operating costs of the Motorcycle during the term of the Agreement, including fuel costs, cleaning and washing, oil replacement, and chain lubrication, all road usage fees, entrance fees to specified locations or zones, parking fees, and other costs related to the ongoing operation of the Motorcycle.
3. Regardless of the obligation to pay Rent, the Renter may be charged by the Lessor with additional fees, as defined in Article 12, paragraph 1, and other costs that apply to the Renter under the Agreement (including these Regulations).
4. The Agreement may include services other than Motorcycle rental provided by the Lessor, the prices for which are additionally defined by the agreement or other arrangements between the Parties.
5. Payment of Rent, additional fees as specified in Article 12, paragraph 1, Reservation Fee, and other amounts due to the Lessor under the Agreement (including these Regulations) or Reservation, shall be made:
a) in cash (does not apply to Reservations) or
b) by bank transfer to the Lessor's bank account indicated on the invoice, by email, in the Agreement, or on the Portal.
6. Rent is payable in full in advance, no later than on the date of signing the Agreement, unless this obligation is limited by the Lessor to the payment of the Reservation Fee, which in this case functions both as a deposit towards the Rent and as the penalty amount. Payment for Rent for the extended Agreement period is made in advance, no later than the day after the Agreement is extended, unless the Parties decide otherwise when extending the Agreement.
6. The rent is payable in full in advance, no later than on the day of signing the Agreement, unless this obligation is limited by the Lessor to the payment of the Reservation Fee, which in this case serves as both a deposit for the due Rent and as a penalty for cancellation. The payment of Rent for the period of the Agreement extension is due in advance, no later than the day after the Agreement is extended, unless the Parties agree otherwise when extending the Agreement. The deposit (Reservation Fee) is 15% of the Rent amount and is payable within 48 hours from making the reservation.
7. The Lessee may withdraw from the rental agreement. If less than 7 days remain between the cancellation of the rental of the Motorcycle and the scheduled time for its handover, the withdrawal from the rental agreement will be subject to a payment by the Lessee equal to the Reservation Fee, as a penalty. The Lessor will then be obliged to return to the Client any amounts paid towards the rental costs exceeding the Reservation Fee (within 7 days, and in the case of consumers – immediately).
8. In the case of Rent for a rental period longer than one month – unless the Parties agree otherwise, Rent is payable by the 10th day of each month during the term of the Agreement.
9. Until the Motorcycle is handed over, the Lessee is obliged to pay to the Lessor an interest-free deposit, the amount of which is specified in the Agreement (Deposit). The Deposit can only be paid in cash or by transfer to the account specified by the Lessor. The Deposit serves as security for any claims of the Lessor against the Lessee arising from the Agreement and the Regulations.
10. The Deposit will be refunded immediately, no later than 7 days after the return of the Motorcycle, to the extent not used by the Lessor to cover secured claims. In the case of a Lessee who is not a Consumer, the Lessor may retain the Deposit until the final calculation of the secured claims, but no longer than 3 months from the return of the Motorcycle. In the case where the Motorcycle has not been returned, the above deadlines are counted from the date on which the return of the Motorcycle was due under the Agreement.
11. Payment details: MotoLocation Magdalena Kawecka, ul. Warszawska 32, 09-540 Sanniki; account number: 81 1870 1045 2078 1068 4909 0001
V. Terms of the Agreement
1. The User may only be a person who meets the following conditions:
a) has reached the age of 18;
b) holds a valid and recognized motorcycle driving license (category A) in the territory of the Republic of Poland;
c) is not under a ban on driving motor vehicles based on a final court judgment or other binding decision of courts or other competent authorities;
2. The User may be a person who meets the conditions specified in paragraph 1 (a-c), however, if the Lessee specifies a User other than themselves, even if these conditions are met, the Lessor is not obligated to consent to the User being covered by the Agreement.
3. The Lessor may limit the number of permitted Users.
4. The conditions specified in paragraph 1-2 must be met throughout the term of the Agreement. The Lessee is obliged to immediately notify the Lessor of any changes in this regard, no later than the next day. If the change in the conditions of non-compliance with the requirements mentioned in Article I, paragraph 1, item (a-c) concerns the only User specified in the Agreement, the Lessor is entitled to terminate the Agreement with immediate effect. If the change in non-compliance with the requirements mentioned in Article V, paragraph 1, item (a-c) concerns one of the Users specified in the Agreement, the Lessee is obliged to exclude Users who do not meet the conditions from further operation of the Motorcycle.
5. Before handing over the Motorcycle, the User is obliged to show the Lessor a valid and recognized motorcycle driving license (category A) and an identity card.
VI. Motorcycle Delivery
1. The location for the delivery and return of the Motorcycle is determined by the Lessee at the time of Reservation or in the Agreement, and it can be any location within the territory of the Republic of Poland that has an assigned address, with direct access by public roads, where there is a technical possibility for the legal parking of the Motorcycle. In case of delivery and return of the Motorcycle outside the administrative borders of the capital city of Warsaw, the Lessee will bear the costs according to the Price List.
2. If the Lessee is a legal entity or an organizational unit to which the law grants legal capacity, the individual entering into the rental agreement on behalf of the Lessee must present the documents authorizing them to act on behalf of the Lessee before the Motorcycle is delivered.
3. The Lessor or their representative, at the time of delivery of the Motorcycle, will provide the User/Lessee with information, instructions, or recommendations regarding the rules of use of the Motorcycle upon request.
4. The Lessor undertakes to deliver the Motorcycle to the User/Lessee along with the necessary equipment in a condition suitable for the agreed use, meeting all legal requirements for operation on public roads under Polish law. The Lessor does not guarantee that the Motorcycle and the equipment provided with it meet the requirements for operation in countries other than the Republic of Poland.
5. The Lessee is not entitled to sublease, lend, or transfer the Motorcycle to third parties without prior written consent from the Lessor. If the Motorcycle is made available by the Lessee to a person other than the User specified in the agreement, the Lessee is obliged to properly inform this person of the content of the Regulations. The Lessee is responsible for any actions contrary to the rental rules by the person to whom the Motorcycle was transferred.
VII. User's Obligations
1. During the use of the Motorcycle, the User/Lessee is obliged to:
a) Not exceed the daily kilometer limit for the rented Motorcycle indicated in the price list;
b) Be authorized to drive Motorcycles in the country where they are operating it;
c) Properly secure the Motorcycle, along with the documents related to the Motorcycle, keys, or other items provided to the Lessee with the Motorcycle;
d) Use the type of fuel specified in the vehicle registration document according to the engine specifications;
e) Bear the costs of fuel purchase during the term of the agreement;
f) Check the air pressure in the tires and the condition of the tires;
g) Check the functionality of the lights;
h) Carry valid documents required by traffic control (valid and recognized driving license in the Republic of Poland, vehicle registration document, liability insurance policy, rental agreement certificate, medical certificate, if required);
i) Maintain the Motorcycle in proper condition.
2. The User/Lessee is prohibited from subjecting the Motorcycle to any damage or using it in a manner inconsistent with its intended purpose, especially:
a) Towing other vehicles with the rented Motorcycle;
b) Exceeding the permissible load capacity;
c) Driving in violation of road traffic regulations;
d) Making any modifications or changes to the rented Motorcycle that contradict its properties and purpose;
e) Washing the Motorcycle in a way that causes damage;
f) Using the Motorcycle in races, rallies, competitions, and on racetracks;
g) Using the Motorcycle for driving lessons;
h) Performing paid transport of people or goods with the Motorcycle unless the Lessor gives written consent by signing an Annex to the Rental Agreement;
i) Removing, changing, or covering up the markings on the Motorcycle, or placing any markings;
j) Using the Motorcycle outside the territory of Poland, subject to Articles VII 8-11.
3. The Motorcycle is delivered to the Lessee with a full fuel tank. Upon return, the Lessee must refuel the Motorcycle to full capacity. Otherwise, the Lessee will pay a fee as specified in Article 12, paragraph 1, point h.
4. In case of a fault caused by the Lessee/User's violation of the rules stated in Article VII, paragraphs 2 and 3, the Lessee will be obliged to fully repair any damage caused to the Lessor due to the violation of these rules, regardless of the provisions of Article 12, paragraph 1.
5. In case of any changes made to the rented Motorcycle, the Lessor will charge the Lessee the costs of restoring the Motorcycle to its previous condition and may demand compensation for the loss of value of the Motorcycle, loss of warranty, as well as any loss caused by the Motorcycle's downtime.
6. The Lessor and other authorized persons may, in case of reasonable suspicion of violation by the Lessee/User of the rules in Article VII, paragraphs 2 and 3, have the right to inspect the use and condition of the Motorcycle and the Lessee/User's documents.
7. By entering into the Agreement, the Lessee acknowledges and agrees that the Motorcycle is equipped with a GPS device that allows the location of the Motorcycle to be tracked at any time, including enabling the Lessor to trace the route traveled by the Lessee/User during the term of the Agreement.
8. Moving the rented Motorcycle outside the borders of Poland is only allowed in countries covered by insurance protection, i.e., EU countries. Outside the EU, a green card is required, which can be purchased additionally.
9. Using the Motorcycle outside the area covered by insurance protection requires the written consent of the Lessor and may depend on the payment of an additional security deposit, as well as a change in the Rent rate.
10. If the Lessee/User intends to use the Motorcycle outside of Poland, they are required to provide the Lessor with information indicating the countries of stay at least 24 hours before the planned departure, via SMS or email. The Lessor may oppose the use of the Motorcycle outside of Poland.
11. If the law of a country other than Poland stipulates different requirements for the Motorcycle's equipment than Polish law, the Lessee is obliged to adjust the Motorcycle to the requirements of that country's law at their own cost, which does not entitle the Lessee or User to interfere with the Motorcycle and does not negate the obligation to return the Motorcycle in the condition in which it was delivered.
VIII. Tenant's Responsibility
1. The Tenant is fully responsible for using the Motorcycle in violation of the terms of the Agreement or Regulations, unless the Tenant proves that the use of the Motorcycle contrary to the Agreement or Regulations was not due to their fault or the fault of the Tenant. The Tenant is liable to the Lessor for the actions of the User as for their own actions.
2. Payment of any fines, penalties, parking fees, tolls, or other charges for using the road infrastructure, as well as private and public law liabilities arising from the use of the Motorcycle, is the responsibility of the Tenant or User, unless the Tenant proves that neither the Tenant nor the User is responsible for incurring such amounts. The Tenant is obliged to reimburse the Lessor for any amounts the Lessor has paid in connection with a breach of the Tenant’s obligations outlined in the preceding sentence. The Lessor is entitled to provide the relevant authorities with the personal data of the Tenant or User.
3. In the case of damage to the Motorcycle or its excessive wear caused by the Tenant/User or resulting from a failure by the Tenant/User to exercise due diligence, the Tenant is obliged to cover the Lessor for all repair costs.
4. The Tenant is responsible for damages caused to the Motorcycle by third parties who use the Motorcycle with the consent or knowledge of the Tenant.
5. For damages to the Motorcycle resulting from the fault or failure to exercise due diligence by the Tenant or User, the Tenant will be charged a fee in accordance with Article 12, paragraph 1, item p, and additionally, a lump-sum fee for the Lessor’s inability to use the Motorcycle during the justified repair time, amounting to 30% of the daily rental rate. Exemption from this fee may occur if the Tenant purchases Extended Protection (except in cases provided for in Article 11, paragraph 1, item a-_), in accordance with the Regulations.
6. In the case of total damage to the Motorcycle as determined by the Motorcycle’s insurer, the Tenant is obliged to pay a fee in accordance with Article 12, paragraph 1, item q, and will also be charged a lump-sum fee for the Lessor’s inability to use the Motorcycle during the justified repair time, amounting to 30% of the daily rental rate. Exemption from this fee may occur if the Tenant purchases Extended Protection (except in cases provided for in Article 11, paragraph 1, item a-_), in accordance with the Regulations.
IX. Motorcycle Inspections
1. During the term of the Agreement, the Tenant/User is obliged to allow the Lessor or an authorized entity acting on behalf and at the request of the Lessor to inspect the technical condition of the Motorcycle, particularly if the Lessor has reasonable suspicion of improper use by the Tenant/User, in order to assess the need for repairs or to handle the Tenant’s complaints. The inspection will take place at a time and location agreed with the Tenant/User at least 4 hours and no more than 120 hours after notification.
2. If during the term of the Agreement, the Motorcycle requires a mandatory inspection according to the warranty conditions or manufacturer recommendations, the Tenant, being a Consumer, is obliged to make the Motorcycle available to the Lessor for this purpose, at a time and place agreed with the Lessor. The parties may agree that the Tenant, being a Consumer, will independently deliver the Motorcycle to the agreed inspection location.
3. In the case of a Tenant who is not a Consumer, they are obliged to deliver the Motorcycle to the designated inspection location in accordance with the Lessor's instructions.
4. The inspection regarding the necessity of a periodic inspection based on the odometer readings provided in the agreement is conducted independently by the Tenant/User based on the documents presented to them by the Motorcycle and the indications of the Motorcycle's onboard computer, with the Lessor informing the Tenant in advance, before concluding the Agreement, of the possible need for an inspection during the term of the Agreement and the locations where the inspection can take place. No rent will be charged for the time of inspection.
5. The inspection is carried out at the Lessor's request and expense.
6. In case the Motorcycle is not provided for inspection at higher odometer readings, is not provided at all, or is not delivered to the agreed inspection location contrary to the Lessor’s instructions, the Tenant will be liable for damages, particularly in terms of inspection costs and the Lessor’s loss of warranty on the Motorcycle.
X. Collisions, Damages, and Accidents
1. In the event of a collision, damage, or accident involving the Motorcycle, the Tenant/User is required to notify the Lessor of the incident within 1 hour via the following contact numbers: +48 519 080 353 (unless it is impossible due to the circumstances, such as the health condition of the Tenant/User).
2. The Tenant/User must follow the Lessor's instructions and cease using the Motorcycle until further guidance from the Lessor.
3. In the event of a collision, damage, or accident involving the Motorcycle, the Tenant or User must immediately notify the Police.
4. The Tenant and User are not authorized to undertake any repair activities.
5. The Tenant or User is not authorized to make any contractual agreements with other participants in the collision or accident regarding the settlement of consequences or to make any statements on behalf of the Lessor concerning the repair of damage resulting from the collision.
6. The Tenant, as well as the User, is also required to cooperate with the insurance company and the Lessor to the extent necessary to settle the damage, particularly by providing a written description of the event and copies of documents required by the insurance company. In the case of the Motorcycle's theft, the Tenant is obliged to immediately return the keys and documents of the Motorcycle to the Lessor. The Tenant is liable for any damage resulting from the loss of the Motorcycle or failure to perform the duties outlined in this point, unless they are not at fault.
7. In following the Lessor’s instructions provided in paragraph 1, the Tenant may be required to deliver the Motorcycle to a repair location specified by the Lessor or to hand over the Motorcycle to a person authorized by the Lessor.
8. If the need for repair arises from circumstances for which neither the Tenant nor the User is responsible, the Lessor:
a) will immediately perform or arrange for a third party to repair the Motorcycle at its own cost and risk – if the repair can be completed within 48 hours from the notification of the Lessor about the failure or collision; or;
b) the Lessor will provide a Replacement Motorcycle to the Tenant within no more than 72 hours on the territory of the Republic of Poland, unless the Tenant immediately uses the rights specified in paragraph 9 – if the repair cannot be completed within 72 hours from the notification of the Lessor.
9. The time for providing the Replacement Motorcycle is counted from the moment the Lessor receives the Tenant’s notification about the failure or collision requiring repair or from the moment the Lessor determines that the repair will take longer than one (depending on which of the above events occurs later).
10. The Tenant who is a Consumer is entitled to a claim for an appropriate reduction in the Rent if the Replacement Motorcycle provided is of a lower standard than the Motorcycle.
11. If the Lessor is unable to provide the Tenant with a Replacement Motorcycle within the time specified in paragraph 8 letter b, or if the repair within the time specified in paragraph 8 letter a is impossible, the Lessor will immediately inform the Tenant, who has the right – at their choice:
a) to terminate the Agreement with immediate effect and receive a refund of the Rent previously paid to the Lessor for the unused rental period of the Motorcycle; or
11. If the Lessor is unable to provide the Lessee with a Replacement Motorcycle within the time specified in section 8(b), or if the repair cannot be completed within the time specified in section 8(a), the Lessor shall immediately notify the Lessee, who has the right – at their discretion:
a) the right to terminate the Agreement with immediate effect and to refund the Rent previously paid to the Lessor for the unused rental period of the Motorcycle; or
b) the right to transfer the unused rental period of the Motorcycle to another date agreed upon by the Parties (if the Motorcycle is damaged beyond repair, the transferred time may concern the rental of a motorcycle of a similar class).
12. If the need for repairs arises due to circumstances for which the Lessee or User is responsible, the Lessee is not entitled to reimbursement of costs incurred in connection with delivering the Motorcycle to the designated repair location or handing it over to an authorized person, for the provision of the Replacement Motorcycle, and is responsible for any damage that occurs.
13. The need for repair is determined by the Lessor based on information and possible documentation provided by the Lessee or based on the inspection carried out according to section 1.
14. Repairs that are necessary are those without which further use of the Motorcycle could be dangerous. Minor repairs or damages that do not significantly affect the Motorcycle's further operation are considered non-essential.
15. Minor operational repairs, such as, in particular, changing bulbs, chain lubrication, or oil replenishment, are the responsibility of the Lessee.
XI. Extended protection
1. The Motorcycle is fully insured under OC and AC insurance, exempting the Lessee from liability to the Lessor for damage caused by the Motorcycle's collision or accident, in cases of fault or damage arising from failure to observe safety rules by the Lessee/User, except for:
a) damage caused by intentional fault;
b) damage caused by driving under the influence of alcohol or narcotic substances, psychoactive substances, or substitute drugs as defined by the Act on Counteracting Drug Addiction, if it influenced the occurrence of the event;
c) damage caused due to not possessing the required driving license in the country where the accident occurred, or if the driver's documents required for operating the vehicle have been temporarily or permanently revoked;
d) damage occurring while using the vehicle as a tool for committing a crime, i.e., using the insured vehicle to commit a deliberate crime, or fleeing from authorities;
e) damage occurring in vehicles used as taxis or vehicles for passenger transport for a fee; for test and demonstration rides; for driving schools; as props; for the transport of dangerous goods, such as gases, explosives, flammable, toxic, infectious, radioactive, corrosive, oxidizing, or organic materials;
f) damage caused by war events, riots understood as public disturbances caused by spontaneous, unorganized groups of people, as well as when the vehicle is used for roadblocks or protest actions;
g) damage caused by an earthquake;
h) damage caused by the use of the vehicle in connection with compulsory services for the military and police;
i) damage occurring during participation in vehicle races, including spontaneous, unorganized events, contests, rallies, training, test drives for races, rallies, track racing, or speed trials;
j) damage caused by operational reasons;
k) damage caused by repairs, vehicle maintenance, improper loading, unloading, or transporting dangerous goods, or misuse of the vehicle, or damages resulting from the faulty construction or improper repair, assembly, or disassembly of the vehicle's equipment, or opening the engine cover while driving;
l) damage caused by water ingestion into the engine;
m) damage caused by engine seizure or its components, including the gearbox;
n) damage caused by overheating of the engine or other components, including the gearbox;
o) damage resulting from the appropriation of the vehicle or its theft during the period of appropriation;
p) damage resulting from vehicle theft under the following circumstances:
- in the case where the driver has exited the vehicle, leaving the key or controller inside the vehicle without securing them against the possibility of the vehicle being started by an unauthorized person;
- in the case of improper securing of keys or controllers used to open or start the vehicle by leaving or storing them in a location where unauthorized persons have access to them, and these items are lost, excluding theft using force as defined in Article 280 of the Penal Code (robbery);
- in the case of failure to secure the vehicle according to its construction and failure to activate all security devices protecting the vehicle from theft, provided that the above had an impact on the occurrence of the damage, excluding theft using force as defined in Article 280 of the Penal Code (robbery) and theft from a garage locked with at least one certified lock, certified padlock, or remotely controlled automatic garage door.
2. The condition for coverage under the insurance provided in the preceding article is the purchase by the Tenant of Extended Coverage at the time of signing the Rental Agreement, limiting the Tenant's liability to an amount of 0 PLN or excluding their liability (except for events specified in Article 11(1)(a-)) for the amount specified in the Price List of Fees.
3. Within the scope of the insurance, the Tenant may report a desire to use the insurance to cover damages for which the Tenant is responsible. In such cases, the Tenant authorizes the Lessor to collect the compensation from the Insurance Company.
4. Payment of compensation or satisfaction by the insurer releases the Tenant from the obligation to repair the damage to the extent that the insurer has covered the damage.
XII. Motorcycle Damages and Scope of Responsibility
1. The Tenant shall incur Additional Fees in the following cases, unless the event occurred due to circumstances for which the Tenant can demonstrate they are not responsible:
a) Loss of registration certificate – 300 PLN
b) Loss of insurance policy – 100 PLN
c) Loss of registration plate – 300 PLN
d) Loss of keys – 700 PLN
e) Loss of Motorcycle manual – 200 PLN
f) Taking the motorcycle out of Poland in violation of the Regulations – 1500 PLN
g) Allowing a third party to use the motorcycle – 5000 PLN
h) Failure to refuel the motorcycle according to the Regulations – cost of missing fuel at the gross price plus the refueling fee of 30 PLN
i) Use of the motorcycle in sports competitions, including unofficial amateur races and on a racing track – 10,000 PLN
j) Delay or failure to return the motorcycle in case the Tenant is a Consumer:
- 20 PLN for the first hour;
- 30 PLN for the second hour;
- 60 PLN for the third hour;
- 80 PLN for the fourth hour and beyond;
The total amount shall not exceed 300% (100% for a Consumer Tenant) of the current daily rental rate for the motorcycle for each commenced hour of delay.
k) Returning the motorcycle to a location other than agreed without prior consent of the Lessor – 200 PLN
l) Failure to submit the motorcycle for the required warranty or post-warranty inspection or failure to inform the Lessor of the need for such an inspection
m) Each day of motorcycle downtime until it is repaired by the workshop – 30% of the daily rental rate
n) Damage or excessive wear of the motorcycle's tires due to improper use ("burnouts") – cost of purchasing new tires at the price along with a tire replacement fee of 1000 PLN
o) Providing written information upon request of law enforcement or administrative authorities about the motorcycle's driver – 50 PLN
p) Administrative handling of the damage settlement – 600 PLN
q) Administrative handling of total damage settlement – 1000 PLN
VIII. Final Provisions
1. Any disputes arising from the execution of the Agreement will be resolved by the court competent for the Lessor's registered office and are subject to Polish law, with the exception that in the case of a consumer, the court according to general jurisdiction will be competent.
VIII. Final Provisions
1. Any disputes arising from the implementation of the Agreement will be resolved by the court competent for the location of the Lessor's registered office and will be governed by Polish law, with the exception that in the case of a consumer, the court with general jurisdiction will be competent.