1. Pozzitivo Responsibilities

The “Pozzitivo Tourservice” offers a fully functioning, non-damaged vehicle. The vehicle is insured accordingly to insurance law regulations as well as legal responsibility regulations, including OC (Compulsory Third Party Personal Injury Insurance), AC, and Assistance services.

2. Renter Responsibilities

The Renter is obliged to use the vehicle with common sense and professional attitude, with all regulations regarding the usage of motorized vehicles observed. The Renter is required to care for the vehicle as if it were their own. As such, the driver is an auxiliary agent of the Renter, despite his being vicariously referred by the rental authority. The customer and his auxiliary agents are unrestrictedly liable for violations of legal regulations, particularly traffic and procedural regulations throughout the rental period. The renter is obliged to follow strictly traffic rules and the set of other rules regulating road traffic in respective countries where the vehicle is used. Rental charge is based on the terms of agreement between the “Pozzitivo Tourservice” and Renter’s representative. All costs of vehicle usage, such as gasoline, oil, fees, parking tickets, road tolls, mandatory fines, airport surcharges, etc. – as well as delivery and pick up fees – are covered by the Renter . The Renter is obliged to pay the full cost of vehicle rent the moment the vehicle is returned. Payment via bank transfer should be discussed and arranged before the tour takes place. When crossing the borders the Renter is responsible for all documents in order to cross the border legally with the whole freight loaded in the vehicle (ATA carnets for non- EU countries, work permits for traveling party to the UK, etc. ). The Renter is obliged to safeguard any property placed/left in the vehicle acknowledging that it is placed/left there at the risk of the Renter and not the “Pozzitivo Tourservice”; thus, the “Pozzitivo Tourservice” is not responsible for any such property left inside the vehicle. To avoid property loss, the Renter is recommended to empty the vehicle every time the vehicle is parked and to park the vehicle in guarded parking areas only. Insurance covers solely the cases of thefts/burglaries which took place in vehicles parked in guarded parking areas. The Renter is obliged to submit a security deposit mentioned in the Vehicle Rental Agreement. The security deposit will be returned to Renter at the end of vehicle rental period, or used to cover - fully or partially - any damage done to vehicle during the rental period and additional costs caused by the Renter. In special cases the “Pozzitivo Tourservice” can withdraw from taking the deposit. The Renter is obliged to return and deliver the vehicle to a specified place. If the Renter delays the return for over 2 hours, an additional penalty of one full daily rate will be added to the rental price. The vehicle has to be delivered clean and in unchanged condition.

4. Authorized Drivers

The vehicle and keys will be issued exclusively to persons at the age of 23 and older, who possess a valid driver’s license. The only persons included in the Rental Agreement are authorized to drive the vehicle. Drivers included in the Agreement are considered Renter’s technical help (auxiliary agent), and are obliged to abide also by the terms of the agreement, even if they were appointed by the “Pozzitivo Tourservice”.

5. Forbidden Usage

The following usage of rented vehicles is strictly forbidden:
a) Participation in motorsport activities, or other similar sport events
b) Transport of explosives and flammable, poisonous or generally dangerous substances and objects
c) Towing of other vehicles
d) Committing crime
e) Renting the vehicle to third parties not mentioned in the Rental Agreement
f) Vehicle cannot be used for driving lessons
g) For committing any criminal offences or in violation of the provision of any legislation, order or regulation affecting the use, loading or condition of the vehicle, or for any other illegal purposes
h) Transporting drugs or any other illegal substances is forbidden and leads to an immediate breach of the agreement
i) The built-in bed may not be used at any time while the vehicle is being driven
j) The “Pozzitivo Tourservice” draws the Renter’s attention to the fact that neither OC or AC insurance cover accidents caused under the influence of alcohol, drugs, or any other intoxicants. Sole responsibility rests on the person to blame and/or the person participating in the accident. The “Pozzitivo Tourservice” may cancel the agreement without notice and with immediate effect, whenever the vehicle is used inappropriately or when the terms of agreement are visibly violated. The agreement can also be dissolved by the “Pozzitivo Tourservice” when further continuation of agreement becomes unacceptable or when the Renter’s conduct is contrary to the aforementioned obligations.

6. Care and Attention to the Vehicle

The Renter is obliged to maintain the vehicle during the rental period. The Renter is to check the oil level, liquids and tire pressure, park the vehicle in a safe place (guarded parking lot) and secure it from theft. Vehicle’s documents, radio equipment, and keys have to be removed from the vehicle, and the vehicle itself has to be locked and secured whenever the users leave the vehicle. The Renter agrees to cover the cost of all damages to the vehicle’s interior made by the traveling party during the rental period. Violation of any terms mentioned in section 6 (for instance, damage or theft which occurred during the term of rent) results in the cost burden on the Renter.

7. Repairs During the Rental Period

Every technical problem or breakdown should be reported immediately 24/7 cell: (+48-668 28 69 28). Repairs can be made only after consultation with the Pozzitivo’s representative. The “Pozzitivio tourservice” will refund the cost of repairs only upon presentation of receipts or other repair documents and only in cases where the damage/breakdown is not the Renter’s fault. If further usage of vehicle is impossible, the Renter should immediately contact the Pozzitivo’s representative . All repairs should be commissioned at an authorized shop as soon as possible. The “Pozzitivo tourservice” covers a one-night stay at the hotel (if needed) and does not take charges for days when the vehicle is unable to be driven. Pozzitivo is not responsible for any other costs/penalties for the days when the van was out of use.

8. Emergency and Accident Procedures

In case of an accident, the Renter is obliged to immediately contact the police and Pozzitivo (+48-668 28 69 28). Failure to comply with this requirement is equal to violation of the Rent Agreement Terms. After contacting Pozzitivo, the Renter is obliged to write down a report from the accident place, including witness data, license plate numbers, telephone numbers, names, car make and model, causes of the accident and damages. The signed report has to be sent to Pozzitivo’s office as soon as possible (not later than 2 days after the accident). Failure to comply with this requirement is equal to violation of the Rental Agreement.

9. Reversing and Maneuvering

Reversing and reverse maneuvers can be performed only with the help of a second person, standing outside the vehicle. If the Renter fails to fulfill this requirement, they will be fully responsible for any damage done to the renter vehicle as well as other vehicles and objects.

10. General Regulations

When the agreement does not settle a given issue, the regulations of the Polish Insurance Contract Law and the regulations of the General Conditions for the Motor Vehicle Insurance have to be applied correspondingly. This also applies to uncertainties in interpreting this agreement. The parties consent to the jurisdiction of the magistrate’s court for the district of Poland.