NOWY

Rules of Use 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 LLC (spółka z ograniczoną odpowiedzialnością) with its registered office in Kraków, ul. Rzemieślnicza 26, entered in the Register of Entrepreneurs of the National Court Register under number 0000592539, NIP 6751529371 telephone number: + 48 123 000 330, e-mail: traficar@traficar.pl (Traficar).
  3. The list of places covered by the Traficar service is available on the website www.traficar.pl and in the Traficar mobile application.
  4. Mobile application

  5. User account registration and subsequent 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 the “Mobile Application”).
  6. The Mobile Application has been designed for Android and iOS devices. The Mobile Application can be downloaded from the website www.traficar.pl. Information on devices and versions of operating systems compatible with the Mobile Application is available on the website www.traficar.pl and on websites where the Mobile Application can be downloaded.
  7. In order for the Mobile Application to be used correctly, the mobile device needs to be connected to the Internet (packet data transmission function enabled). Part of the functions of the Mobile Application requires enabled location services.
  8. Access to the Traficar service

  9. Persons, who satisfy the following conditions, have the ability to register a user account:
    1. at least 18 years old;
    2. possession of a payment card with Visa or MasterCard logo which is accepted by a non-cash payment operator.
  10. 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.
  11. Account registration is carried out on the website www.traficar.pl or using the Mobile Application. Account registration requires acceptance of these Rules. 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 during account registration.
  12. During account registration, the user is obliged to provide the following personal details: name, surname, address, date of birth, PESEL number, validity period and number of identity card, validity period and number of the driving license, 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).
  13. The personal data provided by the user are subject to verification on the basis of the photograph of a driver's licence sent in by the user. The photograph of the user's driver's licence is deleted immediately after verification of correctness of the data provided by the user.
  14. 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 send in a photograph of the driver's licence. During verification of documents using an OCR scanner, the user's documents are not saved, as the Mobile Application reads only those personal data from the documents which have been provided by the user in the process of account registration.
  15. In the event that 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, the user will be asked to correct the data provided (and to verify the data using an OCR scanner once more – in the case of verification of documents using an OCR scanner).
  16. User verification can also be done at a Traficar customer service point. If the user does not have a personal ID or a driving license issued under the provisions of Polish law, the user verification is only possible at a Traficar customer service point. In the absence of an ID card, a passport is required. Once verification is complete, the user registers an account in the Traficar app.
  17. Payment card details are stored only by the mobile payment operator. Traficar does not store payment card details of the users. 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.
  18. 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 account registration. Successfully completed verification authorises the user to use Traficar.
  19. 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.
  20. 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.
  21. 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.
  22. Apart from the case referred to in point 19, 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.

    Vehicle booking

  23. A vehicle is booked using the Mobile Application.
  24. 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 the current location of the user 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.
  25. 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.
  26. Correct registration 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 whereby a one-time booking extension for further 5 minutes is possible. If the booked vehicle is not unlocked by the user, the booking will be cancelled. Booking can be cancelled by the user during booking period.
  27. Vehicles are identified by a registration number and a vehicle side number.
  28. Vehicle unlocking

  29. 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.
  30. Vehicle unlocking is equivalent to entering into a vehicle rental agreement by the Traficar user.
  31. 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.
  32. After vehicle unlocking, 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 registration document and a key (in the glove compartment).
  33. Use of the vehicle is possible only after the condition of the vehicle has been rated and its equipment verified. In the event when any of the pieces of the vehicle's equipment specified in item 29 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 a negative rating of the condition of the vehicle, the user can continue the rental or terminate the rental agreement.
  34. 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 found in the glove compartment.
  35. Vehicle use

  36. The user is obliged to observe the user manual of a vehicle found in the glove compartment for the entire period of vehicle use. In particular, the following activities are not permitted:
    1. smoking in the vehicle;
    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.
  37. As part of the Traficar service, only one 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.
  38. The user is solely responsible for observance of the road traffic regulations and administrative regulations. Traficar is required to hand over the user's data to authorities conducting proceedings within the scope of committing of an offence and administrative authorities imposing fees for parking of vehicles.
  39. 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 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 costs of refuelling 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 employees of the Traficar Technical Support Hotline gives consent for further use of the vehicle.
  41. 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.
  42. 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 on the website 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.).
  43. 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.
  44. 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.
  45. Traficar vehicles have been fitted with devices which allow determination of their location, fuel level reading as well as vehicle speed and component operating parameter monitoring.
  46. Traficar reserves the right to lock the account of a user 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 Rules, user manual or road traffic regulations.
  47. Rental termination

  48. 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).
  49. Rental termination without charging with costs of transport of a vehicle 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 area of coverage of the packet data transmission service and reception 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. In the event of rental termination outside of the area specified in item 44, the user shall be charged with the costs of parking and other costs associated with the need to repark the vehicle.
  50. 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.
  51. 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;
  52. 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.
  53. If the key is not left in the vehicle's glove compartment, 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.
  54. Vehicle use fees

  55. In respect of use of 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 with the vehicle.
  56. The fee for vehicle use when the vehicle is parked is charged for each started 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. The fee is charged starting with the next full minute after the ignition has been turned off.
  57. 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.
  58. 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.
  59. 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 user account.
  60. After rental termination, the user receives information about charged fees for vehicle use and an electronic invoice documenting the charged fees.
  61. 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.
  62. 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.
  63. Vehicle damage

  64. Subject to accidents referred to in items 60–61, 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.
  65. 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
  66. Provisional costs of complementation of the vehicle's equipment and removal of the occurred vehicle damage have been specified in the Price List.
  67. 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 after drinking alcohol or while intoxicated, after taking drugs or psychotropic substances or without a valid driver's licence recognised in Poland;
    3. vehicle damage in the event of speeding by more than 30 kph or other serious violation of road traffic regulations as well;
    4. accidents where the driver has left the place of accident (a hit-and-run driver);
    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 58 above.
  68. 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 “Check Engine” light has come on.
  69. Technical Support Hotline

  70. In the case of any doubts as to the technical condition and rules of use of the vehicle and the Mobile Application, the user can contact the Traficar Technical Support Hotline by calling at (+48) 123 000 330.
  71. 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.
  72. 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.
  73. 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.
  74. 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 safety of traffic. 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.
  75. Final information

  76. In conjunction with article 38 item 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 above-mentioned Act.
  77. Any complaints require written from and can be send to the address of the registered office of Traficar or electronically to the e-mail address: reklamacja@traficar.pl. Complaints are reviewed within 14 days of the date of receipt of a complaint.
  78. 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 PLN 250
    F. Making the vehicle available to a person not permitted to drive it PLN 250
    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 town/city limits where the vehicle comes from in the case when 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 80 PLN
    J. Incorrect parking of the vehicle by the user PLN 50
    The fees indicated in the Price List are for information only and constitute an approximate amount of damage being the result of an event included in the Price List.

    Non-cash Payment Rules
    1. The following is to specify the rules of making non-cash payments for services rendered as part of Traficar. The Traficar service is provided by TRAFICAR spółka z ograniczoną odpowiedzialnoscią [a Polish limited liability company] with its registered office in Kraków, ul. Rzemieślnicza 26, entered in the Register of Companies of the National Court Register under the number: 0000592539, NIP [Tax Identification No]: 6751529371. Payments for services provided as part of Traficar can only be made by 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 does not store any payment card details. Payment card details are stored only by the settlement agent.
    6. 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.
    7. 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.