Information for users registered by 27.11.2020 02:00 a.m.
New Regulations are effective as of 16.12.2020. If want to continue the service, you do not have to do anything. If you do not agree with the provisions of the new Regulations, send us a contract termination notice email@example.com by 15.12.2020.
Added on: 02.12.2020
The Regulations of Traficar Service
- Traficar enables a signed up user to rent a car by means of a mobile app installed on the user’s mobile device (Traficar service).
- Traficar service is provided by TRAFICAR sp. z o.o. (limited liability company) with its registered office in Cracow, 26 Rzemieślnicza Street, entered into the Register of Entrepreneurs of the National Court Register (KRS) under the KRS number 0000592539, NIP (National Tax Identification Number) 6751529371, REGON (Business Registry Number): 363258160, telephone number: + 48 123 000 330, e-mail address: firstname.lastname@example.org (Traficar).
- The list of cities included in Traficar service is available at www.traficar.pl and in Traficar mobile app
- The registration of a user account and then booking and renting a vehicle, and using such a vehicle is possible by means of a mobile device with the installed mobile app of Traficar services (Mobile app).
- The Mobile app is intended for devices with the following systems: Android, iOS and HMS. The app may be downloaded from www.traficar.pl. Information about devices compatible with Traficar mobile app and the acceptable version of the operating system is available on www.traficar.pl and on websites where the Mobile app is made available.
- For the correct use of the Mobile app it is required to connect the mobile device to the Internet (the enabled function of the packet data transfer). Some functions of the Mobile app require enabling localisation services.
Access to Traficar service
- A user account may be registered by those who satisfy the following conditions:
- age at least 18,
- having a payment card with Visa logo or Mastercard logo accepted by the non-cash payment operator,
- holding a passenger car driving licence (category B driving licence).
- In order to use Traficar service, the following is necessary:
- registering an account in Traficar programme,
- providing personal data specified in item 10,
- providing the details of the payment card which will be used for paying for vehicle rental services and the acceptance of the regulations of the non-cash payments. A payment card may be issued only for the personal data (first and last name) of a person who opens the account in the service. The expiry date of the payment card must not be shorter than 31 days from the account registration date.
- paying a verification fee in the amount of PLN 0.01 for the purpose of verifying the user’s personal data with the personal data of the bank account holder and the payment card assigned in the manner specified in item11 of these Regulations.
- The account is registered at www.traficar.pl or by means of the Mobile app. The account registration requires accepting these Regulations. In order to use the Mobile app further, it is always required to log into the account by entering a login (the address of the user’s e-mail) and a password selected by the user at the time of account registration. It is forbidden to carry out another Registration in Traficar service in order to avoid paying the amounts due for Traficar for the services rendered as part of Traficar.
- At the time of account registration, the user is obliged to provide the following personal data: first and last name, place of residence (address), date of birth, PESEL (Polish Individual Identification Number), expiry date and a series and number of driving licence, mobile phone number, e-mail address. Furthermore, other conditions for the effective registration of user account are as follows
- expressing consent to the processing of personal data indicated in the personal document and in the driving licence document,
- accepting the Regulations for using a payment card,
- taking and sending electronically a driving licence photo,
- expressing consent to data verification in the National Debt Register (KRD) and the positive data verification at KRD (no entries concerning the user’s debts),
- expressing consent to the verification of data provided by the Minister of Digitalisation from the Central Register of Drivers (CEK) at: https://www.gov.pl/ and positive data verification at CEK (a driving licence status).
- At the time of account verification, the user is obliged to pay a verification fee which constitutes the cost of verifying such a user, in the amount of PLN 0.01 by activating a link sent to an e-mail address provided by the user, including a link activating the user account in the Mobile app. Activating the above mentioned link will result in the immediate payment of the verification fee.
- Personal data provided by the user are subject to verification based on the photo of the driving licence sent by the user, and data provided with a paid verification fee by the institution keeping the user’s bank account. The user’s driving licence photo is deleted promptly after verifying the validity of the data introduced by the user.
- In the event of introducing the technical possibility of verifying data indicated in documents by means of the OCR scanner of the Mobile app, sending the driving licence photo will be unnecessary. At the time of documentation verification by means of the OCR scanner, the user’s documents are not recorded; the Mobile app reads only those user’s personal data from the documents which were indicated by the user in the account registration process.
- If the data provided by the user are found inconsistent with the content of the document submitted by the user or with data read out by the Mobile app or with data provided with the verification fee, the user will be asked for correcting such data (and the re-verification of data by means of the OCR scanner – if the documents were verified by means of the OCR scanner, and in the event of data provided with the verification fee, the re-verification of data by the re-payment of the verification fee in the amount of PLN 0.01).
- If the user does not hold a driving licence issued by a country belonging to the EU, user verification is possible by making a document available to Traficar, which acknowledges a passenger car driving licence valid in the territory of Poland.
- Payment card data are stored only by the mobile payment operator. Traficar does not store the users’ payment card data. Using Traficar service requires accepting the regulations of the mobile payment operator. Rejecting the regulations or any update thereto will prevent the non-cash payment operator from settling fees for using a vehicle; thus, using Traficar service will not be possible.
- The user will be informed about the successfully completed verification of personal data and payment card verification in an e-mail sent to the user’s e-mail address provided at the time of the user’s account registration. A successfully completed verification authorises the User to use Traficar.
- In the course of the continued use of Traficar, Traficar company does not ask the user for providing any personal data or identity documents. Using Traficar service takes place only by the valid logging in the Mobile app.
- The user is obliged not to provide login data to any third persons and it may be charged with the costs of using Traficar service by persons to whom it provided login data.
- The user is obliged to notify Traficar promptly of any case of obtaining login data by a third person. Traficar blocks the user account immediately after obtaining the above information from the user.
- Except for the case indicated in item 20, the user account may be blocked in the following situations:
- incorrect vehicle use or against its intended purpose.
- repeating cases of cancelling the unfulfilled vehicle booking,
- the existence of the user’s unpaid mature amounts due for Traficar.
- A vehicle is booked by means of the Mobile app.
- Available vehicles are visible on the map in the Mobile app. If a localisation service is enabled in the device, the user may choose a vehicle which is the closest to the current user’s location and obtain approximate information on the distance between the user and the selected vehicle. For some provided vehicles, collection may take place only in a dedicated location indicated on the map in the Mobile app.
- A vehicle may be booked also by scanning a QR code placed behind the front or side window of the vehicle. Unless a vehicle is not booked by another user, it will be opened.
- Correct vehicle booking will be confirmed by a “Successful Booking” message displayed in the Mobile app, including a vehicle number. Booking is made free of charge for the period of 15 minutes. If within the above time, a booked vehicle is not opened by the user, booking will be cancelled. Booking may be cancelled by the user also when it is on.
- Vehicles are identified by a registration number and a vehicle side number.
- The first opening of a vehicle is possible only by means of the Mobile app. A vehicle may be opened by scanning a QR code placed behind the front or side window of the vehicle.
- A car rental contract is concluded by the user with Traficar as of opening the vehicle.
- A vehicle rental car at Traficar is indefinite. The user is authorised to terminate the rental at any time by using the “Close” option in the Mobile app.
- After opening the vehicle, the user is asked for assessing its condition and checking whether the following is present in the vehicle:
- fire extinguisher, warning triangle (in the vehicle boot),
- key (in the passenger’s locker).
- Using a vehicle is possible only after evaluating its condition and checking its equipment. In the event of discovering that any of the vehicle equipment elements, mentioned in item 30, is missing or in the event of the negative assessment of the vehicle condition, the user is asked to contact Traficar Technical Hotline. The lack of any vehicle element mentioned above prevents renting the car. In such a case, the user will not be charged with any fees for using the vehicle. In the event of the negative assessment of the vehicle condition, the user is authorised to continue the rental or to withdraw from the rental contract.
- The first vehicle opening or closing after terminating the vehicle rental is possible by means of the Mobile app. Vehicle closing and opening during its use takes place by using the key placed in the passenger’s locker.
Using the vehicle
- The user is obliged to observe the vehicle manual placed in the passenger’s locker for the entire period of using the vehicle. In particular, the following activities are forbidden:
- smoking in the vehicle,
- towing other vehicles,
- making any alterations or repairs in the vehicle,
- going outside the Republic of Poland in the vehicle,
- placing adverts or other marks on the vehicle,
- removing or replacing any vehicle components or equipment,
- carrying animals in a manner likely to stain the interior of the vehicle. Animals
should be transported in dedicated carriers,
- using Traficar vehicle for starting-up another vehicle with the use of starter cables
- Traficar is not liable for any items left by the User in the vehicle, including but not limited to documents, money, securities, jewellery and electronic equipment. The user is obliged to secure the property, which is mentioned in this item, properly for the entire period of vehicle use.
- As part of Traficar, the vehicle may be driven only by the user from whose account vehicle booking was carried out. It is unacceptable to provide the vehicle to other people, including other Traficar users.
- Only the user is responsible for adhering to the traffic law and administrative law. Traficar is obliged to disclose the user’s data to authorities conducting proceedings within the scope of a tort and administrative bodies charging fees connected with vehicle parking.
- Vehicles are refuelled and charged on a current basis by Traficar employees. Fuel (electric energy) costs are included in the fee for car use. If necessary (confirmed by Traficar Technical Hotline employee), the user may refuel the vehicle at its own. The refuelling costs are reimbursed by Traficar after ascertaining the increase of the fuel level in the vehicle and after providing a fiscal receipt by the user with the NIP number of Traficar company, which is a proof of the vehicle refuelling cost (the user may send a receipt photo). The verification and the reimbursement of refuelling costs takes place within 7 working days from providing a fiscal receipt acknowledging fuel costs. The user is responsible for refuelling a correct fuel type. The user is entitled to refill the electric energy on its own. When booking the electronic vehicle, the user should consider the vehicle range and planned route.
- The user is obliged to inform Traficar promptly about the identified vehicle faults, such as: deficiency of engine oil or other operating fluids, light elements which are out of order and other discovered vehicle defects. In the above case, the User is not authorised to use the vehicle, unless the employee of Traficar Technical Hotline gives consent to the continued use of the vehicle.
- The vehicle may be parked in any place, provided that it is consistent with the provisions within the allowed parking of vehicles and these regulations. The vehicle may also be parked in the cities/towns where Traficar service is not available. It is forbidden to terminate rental in underground car parks and roofed car parks, except for locations dedicated to Traficar vehicles, indicated at www.traficar.pl or in the Mobile app. The above parking rules apply also to vehicles collected from a dedicated location. Furthermore, it is forbidden to terminate rental in a manner preventing or significantly impeding the use of the vehicle by another user. In the event of electric vehicles, the user is obliged to terminate rental with the remaining range of at least 20 km according to the indications of the vehicle on-board computer. If the above obligation is violated, the user may be charged with the costs of towing the vehicle to the electric vehicle charging point based on the Price List.
- Traficar ensures the users with the possibility of free of charge parking within the urban zone of charged parking in selected cities. The list of cities in which free of charge parking is possible in the urban zone of charged parking is available at www.traficar.pl and in the Mobile app. The above does not apply to the locations in which the possibility of entrance or parking depends on satisfying additional requirements (e.g. a charged parking zone available only for citizens) and private car parks (e.g. in shopping centres, in private premises, etc.). The costs of parking the vehicle in the charged car parks outside parking lots as part of the urban zone of charged parking and the costs of re-parking the vehicle left in a prohibited place as per item 39 of the Regulations are to be paid by the user only.
- It is forbidden to stop the vehicle with the engine turned on for the period longer than 20 minutes (in total) during given rental.
- If the user infringes the road traffic rules resulting in the vehicle immobilisation by a device for wheel blocking or the removal of the vehicle by its towing to the charged attended car park, the user is obliged to undertake measures aimed at dismounting such a blocking device or taking the towed vehicle from the car park within 24 hours from the moment of notification. The user is obliged to follow the instructions of the employee of Traficar Technical Hotline.
- If the user fails to do the activities, which are referred to in item 42 of the Regulations, within 24 hours from the moment of informing it about vehicle immobilisation or removal or if the user refuses to undertake such activities, Traficar will immediately take measures aimed at dismounting the blocking device or taking the vehicle from the car park. In the above cases, the user will be charged with an additional fee for the servicing of the immobilised or removed vehicle based on the Price List.
- If the user intends to close the vehicle but not terminating the rental period, such a vehicle is closed with a vehicle key. Selecting the “Close” option in the Mobile app is tantamount to the rental termination.
- Vehicles provided as part of Traficar are equipped with devices allowing for vehicle localisation, fuel level reading (range reading in electric vehicles), monitoring vehicle speed and engine speed of revolution.
- Traficar reserves the possibility of blocking the user account for the period of max. 30 days in the event of determining the repeating cases of using the vehicle in the manner inconsistent with the regulations, manual or road traffic rules.
- The vehicle rental is terminated by using the rental termination option in the Mobile app. The user’s mobile device must be connected to the Internet (a service of packet data transfer).
- Rental termination without charging the vehicle transport costs is possible only when:
- the vehicle was parked in the same zone in which the use of the vehicle was commenced, and within the area of Traficar service accessibility (a zone within which your rental must be terminated and Traficar service accessibility area are indicated in the Mobile app),
- the vehicle was parked within the range of the packet data transfer service and within the range of the GPS signal receivers,
- the vehicle was not parked in the location in which parking is prohibited or in the location in which the possibility of vehicle entry or parking depends on satisfying additional requirements (e.g. a charged parking zone available only for citizens) or in private car parks or underground car parks or roofed car parks, or in the locations in which parking is permitted only at specific hours or on specific days
- If rental is terminated beyond the area indicated in item 48, the user will be charged with the vehicle parking costs and other costs connected with the need for vehicle re-parking.
- If the vehicle is collected from the dedicated location, terminating your rental is possible only after parking the vehicle in the same location, in which the vehicle was collected.
- In order to terminate your rental, it is necessary to satisfy all the below conditions:
- placing a vehicle key in the passenger’s locker in a dedicated and specially marked place,
- applying (activating) the parking brake, turning the lights off, closing all the windows in the vehicle,
- enabling the “Close” instruction in the Mobile app after leaving the car. The user must ensure whether the vehicle is closed (by pulling the door handle), otherwise the rental will not be terminated.
- If the provisions stipulated in item 51 are not met, terminating the use of the vehicle will not be possible and the fee for the time of using the vehicle will still be counted.
- Traficar has the right to terminate the rental contract in each case of the user’s violation of the provisions of these regulations with immediate effect. The user has the right to terminate the rental contract at any time by terminating the rental.
Fees for the use of the vehicle
- Using Traficar vehicle is charged with a fee constituting the sum of:
- the fees for the use of the vehicle for definite time (for 24 h or longer) or a single start fee – depending on a chosen method of calculating the fees for using the vehicle by the user,
- the fees for using the vehicle during parking,
- the fees for the distance covered by the vehicle.
- A fee for using the vehicle during vehicle parking is calculated for each commenced minute of using the vehicle, from the moment of the first vehicle opening to the moment of the rental termination, apart from the time during which the vehicle is on the move. Calculating a fee commences from another full minute after turning the vehicle ignition off or after turning the engine off in electric vehicles.
- A fee for using the vehicle for a definite period of time (for 24 h or longer) is calculated from the moment of the first vehicle opening to the moment of the rental termination for each commenced rental 24h. A start fee is calculated if the user selects a rental offer for any period of time.
- A fee for the distance covered in the vehicle is calculated for each commenced kilometre of the travel. The distance covered is read out from the data transmitted from the CAN bus in the vehicle. A fee for the distance covered in the vehicle may differ depending on the method chosen by the user concerning the calculation of fees for using the vehicle.
- The rates of the above indicated fees are specified in the price list of the rental services provided at www.traficar.pl. The user is bound by the rental service price list valid as of booking the vehicle. If the rental service price list is changed, using Traficar is possible only after accepting the changes of the rental service price list. The user who does not accept the changes of the rental service price list is authorised to delete its user account.
- At the time of vehicle booking, pre-authorisation is made on the user’s payment card for the amount specified in the price list at the website. The pre-authorisation amount is subject to change in the rental term and it is updated based on the number of kilometres covered and rental duration in accordance with the rental service price list posted at www.traficar.pl. The pre-authorisation amount is specified in the price list of the rental services provided at www.traficar.pl. The pre-authorisation amount is always correspondent with the current rental cost based on the rental service price list.
- After rental termination, the user obtains information on the fees charged for using the vehicle and the electronic invoice confirming the fees charged. Payment will be made automatically by means of the non-cash payment operator cooperating with Traficar. Payment will be deducted with an amount blocked on the user’s payment card as part of the pre-authorisation made. If non-cash payment is not possible, the user will be asked for paying by means chosen by it.
- Pre-authorisation is released within time arising from the procedures of the bank which is the issuer of the payment card.
- If there are any amounts past due or there are no funds on the payment card as of booking, the possibility of booking vehicles as part of Traficar will be suspended until the amounts past due are paid or until funds are provided on the payment card. The user will be informed about the impossibility of booking by means of the Mobile app.
- If it is not possible to correct the amount of funds blocked on the user’s payment card in the rental term in accordance with item 59 of the Regulations, Traficar has the right to terminate the rental contract with immediate effect. The rental contract will be terminated after notifying the user by means of the Mobile app of the impossibility of pre-authorisation. If it is not possible to correct the amount of blocked money on the payment card, after the ineffective notification sent to the Renter calling for payment (in the form of an e-mail, by telephone or SMS), Traficar is entitled to block the vehicle starter. In emergency, the Renter may contact Traficar Technical Hotline in order to unblock the starter.
- The conditions of booking vehicles by the user in the context of payments may be determined separately in a contract concluded between Traficar and the user.
- Except for the cases indicated in item 68 and 69, the user is held responsible for the vehicle equipment and its technical condition, as well as for any vehicle damage caused by the user’s fault.
- Any vehicle damage must be reported by the user promptly to Traficar Technical Hotline. Furthermore, the user is obliged to inform the police about vehicle damage in an accident, collision or deliberate property devastation. In the case indicated in the preceding sentence, the user is obliged to remain in the place of the incident until the Technical Hotline informs the user that its presence in the place of the incident is no longer needed. Not later than within 24 hours from the call, the user is obliged to submit all the documents at Traficar request and provide explanations in relation to the vehicle damage management process
- The estimate costs of supplementing the vehicle equipment and eliminating vehicle damage are specified in the Price List.
- The user is not held responsible for vehicle theft and for vehicle damage or destruction as a result of an accident or a collision. The lack of the user’s responsibility does not apply to the following cases:
- deliberate vehicle damage or destruction,
- vehicle damage or destruction when driving after alcohol consumption or inebriated, after the use of narcotic drugs or psychotropic drugs or without a valid driving licence which is accepted in Poland,
- vehicle damage or destruction in the event of the violation of the road traffic regulations,
- incidents during which the driver escaped from the place of the incident,
- damage which occurred when the driver was not the user who booked the vehicle,
- vehicle damage or destruction not reported to Traficar Technical Hotline in accordance with item 66,
- vehicle damage or destruction if the user did not submit documents or explanations in accordance with item 66 above. In such a case, the user’s responsibility is limited to the damage value exceeding the fee indicated in item K of the Price List with additional fees.
- The user is held responsible for vehicle damage caused as a result of using it against its intended purpose (using in conditions leading to above-standard vehicle wear and tear, maintaining high engine revolutions, applying a parking brake when driving) or using it despite displaying the indicator light instructing to stop the vehicle immediately (e.g. engine damage, lack of oil, “STOP”).
- In the event of any doubts as to the technical condition and the rules of using the vehicle, as well as the Mobile app, the user may contact Traficar Technical Hotline by calling at the following telephone number: (+48) 123 000 330.
- The immediate contact with Traficar Technical Hotline is necessary in the following cases:
- vehicle failure,
- the loss of vehicle keys,
- vehicle theft,
- discovered vehicle damage,
- a collision or an accident with the use of the vehicle,
- lack of equipment,
- If the vehicle is involved in an accident or a road collision, the user is obliged to follow the instructions of the employee of Traficar Technical Hotline.
- In the event of the vehicle key loss, including but not limited to theft or mislay, the user is obliged to secure immediately the vehicle against theft and then contact Traficar Technical Hotline employee and follow its instructions.
- If there is a failure during the use of the vehicle, the user is obliged to secure the vehicle against further damage and take care of traffic safety. Further vehicle use depends on the assessment of the vehicle technical condition by Traffic Technical Hotline employee – in the event of a failure which does not threat the traffic safety, the employee of Traficar Technical Hotline may approve of the continued use of the vehicle.
- In connection with Article 38.12 of the Act of 30 May 2014 on the Consumer’s Rights, the user is not authorised to withdraw from the rental contract under Article 27 of the above mentioned Act.
- Any complaints must be sent in writing to the address of Traficar registered office or by e-mail at email@example.com. Complaints are considered within 14 days from the date of receiving a given complaint.
- The Controller of the users’ personal data is Traficar sp. z o.o. (limited liability company) with its registered office in Cracow, 26 Rzemieślnicza Street, entered into the Register of Entrepreneurs of the National Court Register (KRS) under the KRS number: 0000592539, NIP (National Tax Identification Number): 6751529371, REGON (Business Registry Number): 363258160 (hereinafter referred to as Traficar).
- The GDPR is the Regulation (EU) of the European Parliament and of the Council No. 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data and repealing Directive 95/46/EC (General Personal Data Protection Regulation). The GDPR specifies the processing rules for the user’s personal data applied by Traficar.
- Traficar appointed a Personal Data Protection Supervisor who can be contacted by telephone under the following number +48334861986 and by e-mail firstname.lastname@example.org.
- The prospective users’ personal data, provided during the conversation with Traficar Hotline employee – first and last name, company, e-mail – will be processed at the request of a prospective user for the purpose of presenting a vehicle rental offer and concluding a contract with Traficar, and a legal basis for data processing is the necessity of undertaking indispensable activities before entering into the contract at the user’s request (Article 6.1(b) GDPR), such data will be processed for the period required for presenting the offer, and after this time, they may be processed for the period of prospective claim limitation.
- Users’ personal data