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Terms and conditions of the Traficar service

    Preliminary remarks

  1. Traficar allows the registered user to rent a vehicle via a mobile application installed on their mobile device (Traficar service).
  2. The Traficar service is provided by TRAFICAR spółka z ograniczoną odpowiedzialnością [TRAFICAR limited liability company] with its registered office in Kraków, ul. Rzemieślnicza 26, entered in the Register of Entrepreneurs of the National Court Register under number 0000592539, NIP no. [Tax Id. No.]: 6751529371, REGON no. [National Business Registry Number]: 363258160, telephone number: + 48 123 000 330, e-mail: traficar@traficar.pl (Traficar).
  3. The list of places covered by the Traficar service is available at www.traficar.pl and in the Traficar mobile application.

    4. Mobile application

  4. User account registration and booking and rental of a vehicle as well as its use are possible by means of a mobile device with the Traficar service mobile application installed (hereinafter referred to as "Mobile Application").
  5. The Mobile Application is designed for Android and iOS devices. The Mobile Application can be downloaded from www.traficar.pl. Information on devices compatible with the Traficar mobile application as well as on supported operating system is available at www.traficar.pl and on websites from which the Mobile Application can be downloaded.
  6. Internet connection of the mobile device (packet data transmission function enabled) is required to ensure correct use of the Mobile Application. Some of the Mobile Application functions require enabled location services.

    7. Access to the Traficar service

  7. The possibility to register a user account is provided for persons who meet the following conditions:
    1. at least 18 years old,
    2. payment card with Visa or MasterCard logo which is accepted by a non-cash payment operator,
    3. ability to drive a passenger car (category B driving licence).
  8. In order to use the Traficar service it is necessary to:
    1. register an account in the Traficar program,
    2. provide personal details indicated in point 10,
    3. provide payment card details that will be used for payment for vehicle rental services and accept the terms of non-cash payment. The payment card may be issued only for the personal details (name and surname) of the person who sets up the account in the service. The validity period of the payment card cannot be shorter than 31 days from the date of account registration.
    4. pay the verification fee in the amount of PLN 0.01 in order to compare the User’s personal data with the bank account holder’s data and payment card assigned to them, as specified in point 11 of this Terms and conditions.
  9. Account registration is made at www.traficar.pl or by means of the Mobile Application. Account registration requires acceptance of these Terms and conditions. Subsequent use of the Mobile Application always requires logging into the account by typing in a login (User's e-mail address) and a password chosen by the User when registering an account. It is forbidden to perform another Registration to the Traficar service in order to avoid payments to Traficar, on account of services provided under Traficar.
  10. During account registration, the User is obliged to provide the following personal details: name, surname, address of residence, date of birth, PESEL no. [Personal ID No.], validity period and number of driving licence, mobile phone number and e-mail address. Moreover, effective user account registration requires:
    1. consent to the processing of personal data indicated in a personal document and in the driving license,
    2. accepting the terms of making payments with a payment card,
    3. making and sending in an electronic form a photo of the driving license,
    4. consent to the verification of data in the National Debt Register (KRD) and positive verification of data in the KRD (lack of entries regarding the user's debt).
  11. During the registration process, the User is obliged to pay the verification fee in the amount of PLN 0.01 by clicking on a link sent to the user’s e-mail address with a link activating the User’s account in the Mobile Application. Clicking on the aforementioned link will result in immediate payment of the verification fee. The verification fee is non-refundable.
  12. The personal data provided by the User are subject to verification on the basis of the photograph of a driving licence as well as the data provided during payment of the verification fee by an institution maintaining the User’s bank account. The photograph of the User's driving licence is deleted immediately after verification of correctness of the data provided by the User.
  13. When technical means are introduced to verify the data found on documents using an OCR scanner of the Mobile Application, it will not be necessary to upload a photograph of the driving licence. During verification of documents using an OCR scanner, the User's documents are not saved, as the Mobile Application reads only the personal data from the documents which have been provided by the User in the process of account registration.
  14. If it is determined that the data provided by the User are inconsistent with the content of a document made available by the User or with the data read by the Mobile Application or with the data provided during payment of the verification fee, the User will be asked to correct the provided data (and to verify the data by using an OCR scanner again–in the case of verification of documents using an OCR scanner, while in the case of the data provided during payment of the verification fee–to verify the data again by paying the verification fee in the amount of PLN 0.01 once more).
  15. If the User does not have a driving licence issued by the EU country, the User’s verification is only possible at a Traficar customer service point upon registration of the user’s account in the Mobile Application or at www.traficar.pl. The User’s verification at a Traficar customer service point does not exempt the user from the obligation of paying the verification fee as specified in point 11 of these Terms and Conditions.
  16. Payment card details are stored only by the mobile payment operator. Traficar does not store payment card details of the Users. The use of the Traficar service requires acceptance of the rules of a mobile payment operator. Refusal to accept the rules or their update will make it impossible for the mobile payment operator to settle payments for the use of a vehicle, and thus it will not be possible to use the Traficar service.
  17. The User will be notified about positive personal data verification and payment card verification in a message sent to their e-mail address provided in the course of User’s account registration. Successfully completed verification authorises the User to use Traficar.
  18. In the course of further use of Traficar, Traficar does not ask to provide any personal data or identity documents. The use of the Traficar service is performed exclusively by correct logging into the Mobile Application.
  19. The User is required not to make available their login credentials to third parties as they may be charged with costs of use of the Traficar service by persons whom they provided their logging data.
  20. The User is obliged to immediately notify Traficar anytime a third party may have obtained their login details. Traficar blocks the user's account immediately after receiving such information.
  21. Apart from the case referred to in point 20, the user's account may be blocked in case of:
    1. misuse or improper use of the vehicle,
    2. repeated cases of cancellation of unrealized vehicle reservations.
    3. any Hirer’s debts owed to Traficar.

    Vehicle booking

  22. A vehicle is booked using the Mobile Application.
  23. The available vehicles are shown on the map in the Mobile Application. In the case when a device's location service has been enabled, the User can choose a vehicle located the closest to user’s current location or obtain approximate information on the distance between them and the selected vehicle. In the case of some of the available vehicles, the vehicle can be picked up only in a dedicated location indicated on the map in the Mobile Application.
  24. Vehicle booking can also be carried out by scanning the QR code placed behind the windscreen or side window of a vehicle. If a vehicle has not been booked by another User, it will be unlocked.
  25. Correct booking of a vehicle will be confirmed by a message "Booking Successful" ("Rezerwacja Pomyślna") in the Mobile Application with indication of the vehicle number. Booking is made for a period of 15 minutes, and it is possible to extend it once by 5 minutes. If the booked vehicle is not unlocked by the User within the aforementioned period, the booking will be cancelled. Booking can be cancelled by the User during booking period.
  26. Vehicles are identified by a registration number and a vehicle side number.

    27. Vehicle unlocking

  27. First unlocking of a vehicle is only possible via the Mobile Application. Vehicle unlocking is carried out by scanning the QR code placed behind the windscreen or side window of a vehicle.
  28. Vehicle unlocking is equivalent to the conclusion of a vehicle rental agreement by the Traficar User.
  29. The period of vehicle rental at Traficar is unlimited. The User is entitled to end the rental at any time by using the option "Close" ("Zamknij") in the Mobile Application.
  30. After unlocking a vehicle, the User is asked to rate the condition of the vehicle and verify whether it has the following equipment:
    1. a fire extinguisher and a warning triangle (in the vehicle's boot);
    2. a key (in the glove compartment).
  31. Use of the vehicle is possible only after the condition of the vehicle has been rated and its equipment verified. In the event where any of the pieces of the vehicle's equipment specified in point 30 is missing or when the condition of the vehicle has been rated negatively, the User will be asked to contact the Traficar Technical Support Hotline. Absence of any of the above-indicated pieces of the vehicle's equipment makes rental of that vehicle impossible. In such a case, the User will not be charged with fees for vehicle use. In the event of negative rating of vehicle condition, the User can continue the rental or withdraw from the rental agreement.
  32. First unlocking and locking of the vehicle (after the end of the rental) is possible using the Mobile Application. Locking and unlocking of the vehicle in the course of its use is carried out by using the key placed in the glove compartment.

    33. Vehicle use

  33. For the entire period of vehicle use, the User is obliged to observe the manual of a vehicle which is placed in the glove compartment. In particular, the following activities are not permitted:
    1. smoking in a car,
    2. towing other vehicles using the vehicle,
    3. making any vehicle modifications or repairs,
    4. crossing the Polish border with the vehicle,
    5. placing advertisements and other markings in the vehicle,
    6. removing or replacing any components or pieces of the vehicle's equipment,
    7. transporting animals in a manner which can lead to the vehicle interior getting dirty (animals should be transported in special transport boxes),
    8. using the Traficar vehicle for starting another vehicle by means of starter cables.
  34. As part of the Traficar service, only the User who has booked the vehicle can use it. It is not permitted to make the vehicle available to other persons, including other Traficar Users.
  36. The User is solely responsible for observance of the road traffic regulations and administrative regulations. Traficar is required to pass user data to authorities conducting proceedings related to an offence and to administrative authorities imposing fees for parking of vehicles.
  38. Vehicles are refuelled on an ongoing basis by Traficar employees. Fuel costs are included in the fee for vehicle use. If necessary (as confirmed by an employee of the Traficar Technical Support Hotline), the User has the ability to refuel the vehicle on their own. Costs of refuelling are refunded by Traficar once it has been established that the fuel level in the vehicle has increased and after a cash register receipt has been provided by the User, documenting the cost of refuelling of the vehicle (the User can send in a photograph of the receipt). Verification and refund of refuelling costs take place within 7 working days of the date of provision of a cash register receipt documenting the costs of fuel. The User is responsible for refuelling using the correct type of fuel.
  40. The User is obliged to notify Traficar immediately about identified faults of the vehicle such as insufficient amount of engine oil or other consumable fluids, broken pieces of lighting and other identified vehicle faults. In the above situation, the User is not authorised to use the vehicle unless an employee of the Traficar Technical Support Hotline gives consent for further use of the vehicle.
  42. The vehicle can be parked in any place as long as it is in line with regulations regarding permitted parking of vehicles. The vehicle can also be parked in those locations where the Traficar service is not available. The above parking rules also apply to vehicles picked up in dedicated locations.
  44. Traficar gives its Users the ability to use parking spaces free of charge within the paid parking zones in selected towns/cities. A list of towns/cities, where it is possible to park free of charge in paid parking zones, is available at www.traficar.pl and in the Mobile Application. The above does not apply to locations where the ability to enter with or park the vehicle depends on fulfilment of additional requirements (e.g. a paid parking zone available for town/city residents only) or private car parks (e.g. in shopping centres, on private properties, etc.).
  46. Costs of parking of the vehicle in paid car parks outside of parking spaces within a municipal paid parking zone are to be borne exclusively by the User.
  48. If the User intends to lock the vehicle without ending the rental period, the vehicle is to be locked using its key. On the other hand, selecting the option "Lock"” ("Zamknij") in the Mobile Application is equivalent to ending the rental period.
  50. Traficar vehicles have been fitted with devices which allow vehicle tracking, fuel level reading as well as monitoring of vehicle speed and engine speed.
  52. Traficar reserves the right to block the User’s account for a period of up to 30 days in the event when it has been established that there are repeated cases of vehicle use in a manner inconsistent with these Terms and conditions, user manual or road traffic regulations.

  53. Rental termination

  54. Vehicle rental termination is carried out by choosing the option to end the rental in the Mobile Application. The User's mobile device has to be connected to the Internet (packet data transmission service).
  55. Rental termination without charging with vehicle transport costs is only possible when:
    1. the vehicle has been parked in the same town/city where vehicle use started and, at the same time, within the area of availability of the Traficar service (the area of availability of the Traficar service is indicated in the Mobile Application),
    2. the vehicle has been parked within the coverage range of the packet data transmission service and within the range of the GPS signal receivers,
    3. the vehicle has not been parked in a place where parking is forbidden or in a place where the ability to enter with or park the vehicle depends on fulfilment of additional requirements (e.g. a paid parking zone available for town/city residents only), or in a private car park or places where parking is permitted only during certain hours or on certain days.
  56. In the event of rental termination outside of the area specified in point 45, the User shall be charged with the costs of parking and other costs associated with the need to move the vehicle.
  57. In the case of a vehicle picked up from a dedicated location, rental termination is possible only after the vehicle has been parked in the same location where it was picked up.
  58. The following is required for rental termination:
    1. leaving the vehicle key in the glove compartment, in a place specifically intended and marked for that purpose,
    2. pulling up (actuating) the handbrake, turning off the lights, closing all windows in a vehicle,
    3. initiating the "Close" command in the Mobile Application after leaving the vehicle. Make sure that the vehicle is closed (by pulling the door handle), otherwise the rental will not be terminated.
  59. In the case where the requirements from point 48 are not fulfilled, it will not be possible to end the vehicle use, and the fee for the period of use of the vehicle will continue to be charged.

    60. Charges for using a vehicle

  60. In respect of using a Traficar vehicle, a fee being the sum of the following is charged:
    1. fees for vehicle use when the vehicle is being driven,
    2. fees for vehicle use when the vehicle is parked,
    3. fees for the distance travelled by the vehicle.
  61. The fee for vehicle use when the vehicle is parked is charged per each minute of vehicle use, from the moment of the first unlocking of the vehicle until rental termination, except for the period when the vehicle is being driven. Charging starts from the next full minute after the ignition has been turned off.
  62. The fee for vehicle use, when it is being driven, is charged for each started minute in which the vehicle's ignition is turned on.
  63. The fee for the distance covered with the vehicle is charged for each started kilometre of journey. The distance travelled is read from the data transmitted from the vehicle's CAN bus.
  64. The above-indicated fee rates have been included in the Price List. The Price List applicable to the User is the one applicable at the time of vehicle booking. In the event of a Price List change, use of Traficar is possible only after acceptance of Price List changes. A User, who does not accept a Price List change, has the right to delete their account.
  65. After rental termination, the User receives information about charged fees for vehicle use and an electronic invoice documenting the charged fees.
  66. Payment will be made automatically via a non-cash payment operator cooperating with Traficar. Should it be impossible to make a non-cash payment, the User will be asked to make a payment using a method of their choice.
  67. In the event that the User is in arrears with payments, the ability to book Traficar vehicles will be suspended until the arrears are paid off.

    68. Vehicle damage

  68. Subject to accidents referred to in points 61-62, the User is responsible for vehicle's equipment and its technical condition as well as for possible vehicle damage occurred due to the fault of the User.
  69. The user is obliged to immediately report any damage to the vehicle to the Traficar Technical Hotline. The user is obliged to submit all documents upon Traficar's request and to provide explanations in connection with car accident claims, at the latest within 7 days of calling.
  70. Indicative costs of complementation of the vehicle's equipment and removal of the occurred vehicle damage have been specified in the Price List.
  71. The User is not responsible for theft of the vehicle or its damage/destruction as a result of an accident or collision. Non-liability of the User does not include the following cases:
    1. deliberate vehicle damage,
    2. vehicle damage occurred during driving under the influence of alcohol or while intoxicated, after taking drugs or psychotropic substances or without a valid driving licence recognised in Poland,
    3. vehicle damage in the event of speeding by more than 30 kph as well as other serious violation of road traffic regulations,
    4. accidents where the driver has left the place of accident,
    5. damage caused when the driver was not the user who had made the vehicle reservation,
    6. damage not reported to the Traficar Technical Hotline,
    7. damage, for which the user has not submitted documents or explanations in accordance with point 59 above.
  72. The User is responsible for vehicle damage occurred as a result of their failure to use it as intended or its use despite that the indicator light ordering immediate stopping of the vehicle has come on (e.g. engine damage, lack of oil, "STOP").

    73. Technical Support Hotline

  73. In the case of any doubts as to the technical condition and rules for use of the vehicle and the Mobile Application, the User can contact the Traficar Technical Support Hotline by calling (+48) 123 000 330.
  74. Immediate contact with the Traficar Technical Support Hotline is necessary in the following cases:
    1. vehicle breakdown,
    2. loss of vehicle keys,
    3. vehicle theft,
    4. identification of vehicle damage,
    5. collision or accident involving the vehicle,
    6. missing equipment,
    7. missing or lost registration document.
  75. In the case when the vehicle is involved in a road accident or collision, the User is required to adhere to the instructions of an employee of the Traficar Technical Support Hotline.
  76. In the case of vehicle key loss, including in particular loss as a result of theft or misplacement, the User is required to immediately take care of proper protection of the vehicle against theft and then contact an employee of the Traficar Technical Support Hotline and follow their instructions.
  77. In the case of occurrence of a breakdown during vehicle use, the User is required to protect the vehicle against further damage and take care of road traffic safety. Further vehicle use depends on the assessment of its technical condition by an employee of the Traficar Technical Support Hotline–in the event of a breakdown which does not endanger the safety of traffic, the employee of the Traficar Technical Support Hotline may provide consent for further vehicle use.

    78. Final information

  78. In conjunction with Article 38 point 12 of the Act on the rights of consumers dated 30 May 2014, the User does not have the right to withdraw from the rental agreement pursuant to Article 27 of the aforementioned Act.
  79. Any complaints may be send in the written form to the address of the Traficar registered office or electronically at: reklamacja@traficar.pl. Complaints are reviewed within 14 days of the date of receipt of a complaint.
  80. A controller of the Hirers’ personal data is Traficar spółka z ograniczoną odpowiedzialnością [TRAFICAR limited liability company] with its registered office in Kraków, ul. Rzemieślnicza 26, entered in the Register of Entrepreneurs of the National Court Register under number 0000592539, NIP no. [Tax Id. No.]: 6751529371, REGON no. [National Business Registry Number]: 363258160 (hereinafter referred to as "Traficar").
  81. GDPR [General Data Protection Regulation] is a Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation). GDPR specifies the rules on processing of the Hirer’s personal data which are applied by Traficar.
  82. Traficar appointed the Data Protection Officer who can be contacted at +48334861986 and iod@holding1.pl.
  83. Hirers’ personal data:
    1. name and surname, address of residence, mobile phone number, e-mail address, number of driving licence, PESEL no. [Personal ID No.], date of birth, number of ID or passport, location and route–will be processed in order to execute the agreement, according to which the Hirer constitutes a party, and to take appropriate actions prior to conclusion of the agreement (Article 6 par. 1 point b) of GDPR), for the purposes of providing services by electronic means as well as providing vehicle rental services, and provision of such data is voluntary; however, it is essential to conclude and execute the aforementioned agreements with Traficar, and the data will be processed within the period necessary for fulfilling Traficar duties resulting from agreements concluded with the Hirer, and after that period until the day the statute of limitations expires,
    2. the personal data specified in driving licence and the data provided with the verification fee by an institution maintaining the User’s bank account which is assigned to the payment card provided by the User–will be processed on the basis of legally justified Traficar business (Article 6 par. 1 point f) of GDPR) consisting in protecting Traficar against abuses, for the purpose of verifying the Hirer’s identity and authorising Hirer to drive vehicles, and provision of such data is voluntary; however, it is essential to conclude and execute agreements with Traficar, and the data will be processed for this purpose for two working days,
    3. PESEL no. [Personal ID No.], and in the case of hirers conducting economic activity, NIP no. [Tax Id. No.]–will be processed on the basis of Hirer’s consent (Article 6 par. 1 point a) of GDPR) in order to verify the Hirer’s creditworthiness by the National Debt Register maintained by the Economic Information Bureau, and provision of such data is voluntary; however, it is essential to conclude and execute agreements with Traficar, and the data will be processed for this purpose until the granted consent is withdrawn,
    4. name and surname, mobile phone number, e-mail address, address of residence, PESEL no. [Personal ID No.], history of visits at www.traficar.pl, history of transactions–will be processed on the basis of Hirer’s consent (Article 6 par. 1 point a) of GDPR) for the marketing purpose which involves sending, to the Hirer’s e-mail address and mobile phone, advertisements and information on offers and promotions concerning Traficar goods and services, direct telephone contact to present the offer, advertisements and promotions, and provision of such data is voluntary and it is not essential to conclude and execute agreements with Traficar, and the data will be processed for this purpose until the granted consent is withdrawn.
  84. The Hirer shall have the right to access the data and the right to rectification, deletion or restrict processing, as well as the right to object against processing, oppose any further processing and the right to data portability. The aforementioned rights may be exercised by contacting the Data Protection Officer (point 72).
  85. The Hirer has the right to lodge a complaint with a supervisory authority, i.e. the President of the Personal Data Protection Office.
  86. If the basis for processing the Hirer’s personal data is a given consent, the Hirer may withdraw this consent at any time; however, it will not influence the lawfulness of personal data processing which was conducted on the basis of the consent prior to its withdrawal. The consent may be withdrawn by contacting the Data Protection Officer (point 72).
  87. The Hirer’s data may be transferred to entities participating in provision of the Traficar services, in particular to the entity responsible for the Traficar Technical Support Hotline, the Traficar subcontractors performing marketing activities and the Economic Information Bureau.

    88. Price List

    Price list with additional fees:
    EVENT FEE
    A. Missing registration document, registration plate or registration sticker on the windscreen PLN 320
    B. Loss of a vehicle key PLN 300
    C. Missing pieces of vehicle equipment not mentioned in the Price List fee as per the manufacturer's price list + 35%
    D. Smoking in the car PLN 250
    E. Towing other vehicles with the rental car or starting other vehicles by means of starter cables connected to the rental vehicle PLN 250
    F. Making the vehicle available to a person not permitted to drive it PLN 500
    G. Body and paint/mechanical repair costs (including costs of washing of upholstery) and spare part/equipment costs in the case when a repair is the responsibility of the customer service or part cost + 35%
    H. Costs of vehicle transport to administrative town/city boundaries where the vehicle comes from in the case where the rental has been terminated outside of the designated zone PLN 2/km + PLN 100/24 hours
    I. Cleaning of the vehicle in connection with unauthorised transport of animals inside the car, which is not compliant with point 33 of Traficar Terms and conditions 80 PLN
    J. Costs of moving the vehicle in connection with incorrect parking of the vehicle by the User PLN 250
    The fees indicated in the Price List are for information only and constitute an approximate amount of damage being the result of an event indicated in the Price List.

    Non-cash Payment Rules
    1. These Terms and conditions specify the rules for making non-cash payments for services provided as part of Traficar. The Traficar service is provided by TRAFICAR spółka z ograniczoną odpowiedzialnością [TRAFICAR limited liability company] with its registered office in Kraków, ul. Rzemieślnicza 26, entered in the Register of Entrepreneurs of the National Court Register under number 0000592539, NIP no. [Tax Id. No.] 6751529371. Payments for services provided as part of Traficar can only be made in non-cash form.
    2. Before starting to use Traficar services, it is necessary to provide payment card details and conduct their verification.
    3. It is not allowed to provide details of a payment card which does not belong to a User registering their user account at Traficar.
    4. Traficar reserves the ability to verify payment card details. Verification is conducted by charging the User's bank account with the amount of PLN 1.00. The charged amount is credited back to the User's bank account within 7 days.
    5. Traficar compares the personal data provided by the User during registration with the data provided by an institution maintaining the User’s bank account which was used to pay the verification fee.
    6. Traficar does not store any payment card details. Payment card details are stored only by the settlement agent.
    7. Payment for rental services is made after performance of the service, i.e. once the Traficar vehicle rental has been terminated. The amount to be charged is established on the basis of the Traficar Service Rules. The amount charged corresponds to the amount of the price of rental service indicated on a VAT invoice sent to the User after rental termination.
    8. The User has the right to delete their payment card details at any time. In the period of time when no payment card belonging to the User is registered, use of the Traficar service is impossible.