WEBSITE’S TERMS AND CONDITIONS
I. General provisions
1. The present terms and conditions determine the rules of the usage of the website created and administrated by the Service Provider under the following address: oferty.hertzpoland.pl along with the rights and duties of the Service Provider and Users using the Website.
2. The terms expressed below that are used in the Terms and Conditions are attributed the following meanings:
a) Civil code – The Act of 23rd April 1964 of Civil Code (Journal of Laws 2022 item 1360 with the subsequent amendment);
b) Consumer – A user who is an individual (including entrepreneurs) performing a juridical act with the Service Provider that is not directly associated with their professional or business activity.
c) Terms and Conditions – the present terms and conditions of the Website including all off the attachments enumerated in its text.
d) Website – the whole of functionalities shared by the Service Provider at nfm.com.pl;
e) Service Provider – Motorent Sp. z o. o. located in Warsaw, ul. Ostrobramska 34, 04-193, entered into the register of entrepreneurs of the National Court Register under the KRS no 0000037337;
f) Services – any services provided through the Website of the service;
g) Consumer Rights Act – The Act of 30th May 2014 regarding consumer rights (Journal of Laws 2020 item 287 with the subsequent amendment);
h) Copyright Act and neighbouring rights – The Act of 4th February 1994 regarding the copyright and neighbouring rights (Journal of Laws 2022, item 2509);
i) User – an individual who uses or intends to use the Website.
3. The Terms and Conditions determine the rules of the usage of the Website, which enables the Users:
a) To be informed about Services available;
b) To receive communication regarding the Services and activities in the Website.
4. The resolutions of the Terms and Conditions respect the rights attributed to the Consumers on the basis on the general rules of law with the Consumer Rights Act and Civil code in particular.
5. The contents applied at the Website along with the Services may constitute a piece of work within the meaning of the Copyright Act and the neighbouring rights.
6. Unless otherwise specified in the resolutions of the Terms and Conditions, the exclusive rights to the contents accessible at the Website, especially copyrights, Service Provider’s markings, trademarks and digital contents along with graphic elements, software and rights established within the database included in them and other intellectual property laws are subject to legal protection and are granted to the Users or entities, with whom the service provider has effected an agreement.
7. The users are allowed to receive the access to the Terms and Conditions at any time and charge-free through the link attached at the Website’s page and print it out.
II. The technical conditions of using the Website
Using the Website is possible provided that the technology system the User is using meets the following minimal technical requirements:
a) Mozilla Firefox v. 30 or newer with the running servicing of applets of Java, JavaScript and Cookies or
b) Google Chrome v. 30 or newer with the running servicing of applets of Java, JavaScript and Cookies,
c) and minimal screen resolution of 1024 x 768 px.
III. The types and scope of services
The Service Provider provides the following services:
a) sharing of data and materials included at the Website containing information about Service Provider’s business activity in particular,
b) informing about products and services offered by the Service Provider and other entities,
c) Enabling to send the Service Provider messages through the contact form available within the Website (provided that this feature has been applied at the Website) – by enabling on User’s demand communication with the Service Provider or a third party authorized by them.
1. Any content embedded at the Website involving, in particular, the services provided by the Service Provider are of exclusively informative value and are not a binding offer, an invitation to negotiations or any other type of declaration of intent from the Service Provider.
2. Supply of the Services is free of charge.
IV. The scope, rules and conditions of the usage of the Website
1. Service Provider reserves the right to modify the technical measures of executing the Website’s functionalities in compliance with the scope and conditions arising from the eligibilities owned and in accord with the acquired technical capacity without affecting their quality and without affecting the scope of the rights and duties of the User.
2. The Service Provider is neither a provider of the “Internet”, nor are they a provider of other telecommunication services within the meaning of the Act of 16th July 2004 on the telecommunication laws (Journal of Laws 26th February 2014 item 243). The User should acquire the access to a computer workstation or an end device which enables them to connect to the Website and usage of its functionalities within their own arrangements.
3. The Service Provider is allowed to deprive the User of the right to use the Website as well as limit User’s access to the Website with immediate effect in the following cases:
a) User’s quotation of data which misguide third parties or violate their rights,
b) User’s violation of property, especially owned by other Users,
c) Acts or omissions counter to the applicable laws and rules of social coexistence.
4. The User is allowed to cease the usage of the Website, in particular, when they do not accept the shifts introduced to the Terms and Conditions.
5. The agreement for the supply of services by electronic means is effected upon the User’s initiation of usage of the Website by displaying the Website at the screen of the device the User is using.
6. The agreement for the supply of services by electronic means is effected for a fixed period and shall be terminated upon the User’s cease of usage of the Website by the abandonment of the Website and without the obligation to submit any additional statements.
V. Complaints
1. The Service Provider takes sufficient action to assure the correct functioning of the website in a scope which would result from the valid technical knowledge and is obliged to immediately remove the defects of the Website or time outs in its functioning which will have been reported by the Users.
2. The User is allowed to inform the Service Provider about any defects or time outs in the functioning of the Website or involving the Services supplied through the Website (Complaints).
3. The User is allowed to make Complaints by the following address: 04-193 Warsaw, ul. Ostrobramska 34, under the contact phone number or through the dedicated e-mail address given at the Website. The date the Complaint was made is considered to be the date of its submittal to the Service Provider confirmed with the postmark or the date of its phone or e-mail submittal.
4. The User is allowed to make a Complaint within 30 days since the day, in which the event being the reason for the Complaint occurred. The Complaint submitted after the date determined in the first sentence shall not be considered, about which the Service Provider informs the User with the immediate effect, which, however, is without prejudice to the possibility of User’s proceeding for claim enforceability stemming from the general rules of law.
5. Within the Complaint, the User should quote: their name and surname, correspondence address and the type and date of when the cause of the Complaint took place.
6. The Service Provider shall respond to the Complaint within 30 days since it was obtained by them, and if the Complaint was submitted under the warranty – within 14 days. The response to the Complaint will be passed along to by the Service Provider to the User on paper or on another durable medium.
7. Detailed information regarding the exercising by the User who is also a Consumer out-of-court complaint and redress mechanisms and the rules for obtaining the access to these procedures are available in the headquarters and at websites of county’s (town’s) consumer advocacies, social organisations, the statutory duties of which is consumer’s advocacy, Voivodeship Inspectorates of Trade Inspection and under the following internet addresses of Office of Competition and Consumer Protection.
VI. The responsibilities of the Service Provider
1. The Service Provider shall use their best endeavors so that the Website functions on a rolling basis. They shall not be responsible for interference caused by the external force or interference from Users, third parties or the activity of external automated software.
2. The Service Provider is not responsible for technical issues or limitations, including the speed of data transfer within the computer system, the end device, the computerised system (ICT) and telecommunications infrastructure, which the User uses and which disable the User from using the Website.
3. The User is only responsible for assuring technical compliance between the computer equipment or an end device they use and the computerised or telecommunications system and the Website.
4. The User is responsible for their own activities and abandonments as well as for activities and abandonments of other entities, which are enabled by them to use the Website in terms of User’s own Account.
5. The User is not responsible for the effects of User’s usage of the Website in a manner that is not in compliance with the effective law, Terms and Conditions or customs or principles of social coexistence that had been established.
6. The Service Provider reserves their right to suspend or to dismiss the supply of particular functionalities of the Website considering the necessity of conservation, servicing or development of the technical database, in case of this occurrence not violating User’s rights.
VII. Transitional and final provisions
1. In terms of issues that are not regulated within the Terms and Conditions, the laws effective within the territory of the Republic of Poland are applied. The resolution of disputes regarding the usage of the Website and services supplied within the Website by the Service Provider that could emerge between the Service Provider and the User shall undergo the action from the courts applicable in accord with the laws universally effective in Poland.
2. The Service Provider is allowed to make shifts in the Terms and Conditions unilaterally in case of: i) organisational or legal shifts from the Service Provider, ii) shifts in the laws effective that are applicable within the website, iii) shifts in functionalities of the Website subject to the fact that the shifts in the Terms and Conditions are aimed at the adjustment of the contents of the Terms and Conditions to the Website’s functionalities.
3. The current Terms and Conditions are published within the Website and on any demand from the User and is allowed to be shared with the user via electronic means of communication.
4. In case of any of the regulations within the Terms and Conditions losing its validity, other regulations are remain in effect. The invalid provisions will be substituted with auxiliary and valid provisions in an extent allowed by law and auxiliary to the invalid provisions and reflecting the original intentions of the Service Provider.
5. The Terms and Conditions shall enter into force on 30.03.2023