General Rental Terms and Conditions (OWW) of RK Rental

RK Rental – the business RK Rental Radosław Rafiński, ul. Krótka 21, 86-061 Brzoza, NIP (tax ID) 562-174-37-86, EU VAT number PL5621743786, which, as the Lessor, provides equipment, construction machinery and mobile elevating work platforms for use in its own name.

Renter – any person, whether natural or legal, who takes the rented equipment for use.

Equipment – the rented equipment, being a device, a construction machine or a self-propelled mobile elevating work platform, handed over to the Renter on the basis of a written handover protocol (issue document (Wd) – issue of the rented equipment).

a) the identification details it has provided are true,

b) it has full capacity to perform legal acts,

c) no proceedings are pending against it that could expose RK Rental to losses,

d) it is aware that, under the applicable regulations, operating the equipment requires the appropriate qualifications (e.g. UDT, or an earthmoving machinery operator's licence for the mini excavator; UDT = Polish Office of Technical Inspection), and that RK Rental bears no liability for the Renter's failure to comply with this requirement,

e) it will ensure that daily checks of the equipment are carried out, including topping up the electrolyte in the batteries to the correct level with distilled water and topping up other fluids (engine oil, hydraulic oil, radiator coolant),

f) it will read the operating manual of the equipment and will follow the instructions it contains (work on the equipment must not be started unless this requirement has been met);

g) it is an active VAT taxpayer entitled to receive VAT invoices,

h) it is aware that some items of equipment have extension leads to the work platform (230 V electrical installation), which must not be used; this is an originally fitted installation that has been taken out of use, and the 230 V plugs and sockets have therefore been removed; if the equipment has a plug or socket fitted, the Renter is obliged to report this upon receipt and enter it in the protocol.

RK Rental makes available to the Renter the equipment currently included in its commercial offering. All published catalogues, photographs or advertising brochures and technical data relating to the equipment are for information purposes only. Only technical data confirmed by RK Rental are binding.

a) The agreement is concluded upon receipt by RK Rental of the Renter's order, placed in writing or by e-mail and accepted by RK Rental (by signature or by e-mail). The order forms the basis for concluding the rental agreement, handing the equipment over to the Renter and mutual financial settlements. Any changes to the rental period or the rental rates require mutual agreement between the parties.

b) The rental agreement ends after the rental period specified in the agreement, upon return of the equipment to RK Rental, as confirmed in a handover and return protocol drawn up for this purpose or in a return document (Zw) – return of the rented equipment.

c) No later than on the last working day of the rental, the Renter shall notify RK Rental that the equipment is ready to be returned at the end of the rental. If the Renter does not notify readiness to return the equipment, it is presumed that the Renter is extending the rental for further days. In such a case, RK Rental shall be entitled to charge rent for the extended rental period at the daily rate resulting from the rental agreement, for each day beyond the rental period specified in the agreement.

d) The actual rental period for which RK Rental is entitled to payment of rent shall be determined from the issue (Wd) and return (Zw) documents for the equipment concerned.

e) If the Renter refuses to take delivery of the equipment despite having concluded a rental agreement, RK Rental is entitled to demand payment of a contractual penalty equal to the rent for the entire rental period specified in the agreement.

f) If the Renter, without RK Rental's consent, returns the equipment before the end of the rental period specified in the agreement, RK Rental is entitled to demand payment of a contractual penalty equal to the rent for the entire period remaining until the end of the rental period specified in the agreement.

g) If the equipment cannot be collected after the end of the rental through the fault of the Renter, the Renter shall be charged a contractual penalty, calculated for each day of delay in surrendering the equipment at the daily rental rate until the day of collection, and shall additionally be charged the transport costs incurred by RK Rental.

a) Handover of the equipment to the Renter / collection of the equipment from the Renter:

The equipment is handed over to and collected from the Renter solely on the basis of a handover and return protocol (issue (Wd) and return (Zw) documents). Remarks contained in the handover and return protocol form the basis for mutual settlements between the companies and for any claims for damages by RK Rental. The final technical acceptance of the equipment takes place at RK Rental's premises. Any additional financial claims by RK Rental relating to excessive wear of, damage to or destruction of the equipment or its parts shall be notified in writing, sent to the Renter no later than 7 working days from the day on which it became known that damage had been caused. If the person responsible for the equipment on the Renter's side is absent when the equipment is handed back, or if the protocol is lost, the results of the inspection of the equipment recorded unilaterally in the return protocol by the person collecting it on behalf of RK Rental shall be deemed to reflect the actual condition. By its handwritten signature, the Renter confirms that the person named as the ‘contact person’ is actually authorised to receive the equipment from RK Rental and subsequently to return it at its place of operation. Any further person designated (by first name, surname or telephone number) by the above-mentioned contact person shall also be deemed so authorised. The Renter is liable for the acts and omissions of these persons as for its own.

The Renter is obliged to carry out a trial start-up of the equipment in the presence of the person delivering the equipment.

b) Use of the equipment:

The Renter is obliged to use the equipment in accordance with the health and safety instructions and to entrust the operation of the rented equipment to persons holding the licences required by law, in a single-shift system, i.e. 8 h/24 h.

Use not in accordance with the order and the General Rental Terms and Conditions entitles RK Rental to terminate the rental agreement with immediate effect.

Transport of the equipment by the Renter is permitted only with RK Rental's written consent. If unauthorised transport is found, RK Rental shall charge the Renter a contractual penalty equal to the transport costs according to RK Rental's rates.

c) Duty of custody over the entrusted equipment:

The Renter is obliged to exercise custody over the equipment throughout the rental period. No rent is charged for the period of waiting for the equipment to be collected by RK Rental. Exercising custody over the equipment is equivalent to bearing liability for loss of, destruction of or damage to the equipment.

d) After the end of the rental, the equipment shall be returned to RK Rental in full technical working order, with the fuel tank topped up (platforms with diesel engines) or with charged batteries (equipment with electric motors) in a condition allowing loading, clean, cleared of all rubbish and industrial waste, and free from traces of paint, plaster or other contamination. In addition, the return covers all accessories and documents issued with the equipment (operating manuals, keys, etc.). The equipment shall be returned at a location that allows it to be loaded onto a transport platform arranged by RK Rental.

e) If the Renter fails to fulfil the obligations imposed on it in connection with the return of the equipment, RK Rental is entitled to charge the Renter a contractual penalty of PLN 200 separately for each of the following breaches: loss of the operating manual, loss of the keys, failure to refuel, discharged batteries.

f) From the moment the equipment is handed over to the Renter, RK Rental bears no liability for damage resulting from oil leaks from the equipment.

g) Upon issue of the rented equipment, the risk of its damage, accidental loss, destruction, theft of the whole or any part of it, and its misappropriation passes to the Renter. The Renter is liable for any damage caused during the use of the rented equipment, both to its own property and to the property of third parties, as well as for damage caused to third parties.

h) To ensure that protection is maintained, the Renter is obliged to: store the equipment in a fenced, locked area (a separate, locked room or hall), or provide permanent supervision by in-house security services or by external security services rented for this purpose.

The basis for financial settlements is the rates specified in the order accepted by RK Rental. The rates in the order apply for the agreed period. All rates referred to are expressed as net amounts, to which VAT at 23% must be added.

a) The Renter agrees to correspondence being conducted by ordinary letter, fax or e-mail (this applies in particular to invoices). It is presumed that the absence of a complaint about the content of an invoice within 7 days of its delivery constitutes acceptance of its content.

b) RK Rental has the right to demand an appropriate prepayment (up to 30% of the rent for the ordered rental period) before making the equipment available, or payment of an advance (up to 30% of the rent for the ordered rental period) towards future payments during the term of the rental agreement.

c) Unless the parties have agreed otherwise, the Renter shall make all payments within 14 days of the date of issue of the VAT invoice.

d) If the Renter is in delay with payment to RK Rental for services provided to date by at least 7 days after the due date, RK Rental is entitled, after first issuing a demand for immediate payment, to:

– refuse to conclude a new rental agreement,

– terminate the existing rental agreements with immediate effect, including immediate collection of the equipment. In such a case, RK Rental is entitled to the contractual penalty referred to in clause 4 f) of the General Rental Terms and Conditions.

RK Rental makes every effort to make the equipment covered by the rental agreement available to the Renter on the scheduled dates.

RK Rental is not liable for failure to meet the expected delivery date caused by events beyond RK Rental's control, in particular force majeure. RK Rental is liable for damage suffered by the Renter only if the deadline was not met through the fault of RK Rental.

a) If the Renter discovers a fault (breakdown, defect) in the equipment that limits its usefulness, the Renter is obliged to notify RK Rental of its occurrence without delay, specifying at the same time its nature and extent. The Renter is liable for the consequences of any delay in passing this information to RK Rental.

b) A notification of a fault (breakdown, defect), whether in writing or by e-mail, shall be the basis for accepting the complaint for consideration.

c) If it is established that the fault (breakdown, defect) was caused by reasons attributable to the Renter, all costs of remedying it shall be borne by the Renter. In such a case, the Renter is not entitled to claim a reduction of rent for the period of downtime. If the identified defect arose for reasons beyond the Renter's control, the period resulting from its existence will not be taken into account in the rental settlement (the rent will be reduced by the period of downtime).

Subletting the rented equipment, or making it available for use free of charge to third parties, without the express written consent of RK Rental is prohibited.

RK Rental stipulates that the terms of the agreement adopted by the parties, calculations and technical data are confidential and constitute a business secret within the meaning of the Polish Act on Combating Unfair Competition. Disclosure of information constituting the said secret to third parties without the express written consent of the Lessor gives grounds for taking appropriate steps by way of the proceedings provided for in the Polish Act on Combating Unfair Competition.

a) The controller of the personal data of the Renter and of persons acting on its behalf (in particular persons placing the order, receiving and operating the equipment) is RK Rental, whose details are given in clause 1).

b) The data are processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR): for the purpose of concluding and performing the rental agreement (Art. 6(1)(b) GDPR), fulfilling legal obligations, including tax and accounting obligations (Art. 6(1)(c) GDPR), and for the purposes of the legitimate interests of RK Rental, namely contact with persons designated by the Renter, establishing and pursuing claims, and marketing its own services (Art. 6(1)(f) GDPR).

c) Data subjects have the right of access to their data, the right to rectification, erasure, restriction of processing and data portability, the right to object to processing and the right to lodge a complaint with the President of the Personal Data Protection Office. Full information, including on the recipients of the data and the period for which they are stored, is available in the privacy policy on the RK Rental website: fajnepodnosniki.pl/polityka-prywatnosci (English version: fajnepodnosniki.pl/en/privacy-policy).

d) RK Rental sends commercial information by electronic means or by telephone only on the basis of a separate consent, independent of the rental agreement, which may be withdrawn at any time.

Matters not regulated in this agreement shall be governed by the Polish Civil Code. Disputes between the parties shall be heard by the court having jurisdiction over the registered office of RK Rental.