I. DEFINITIONS OF THE CONTRACTING PARTIES

RESERVATION OFFICE
StayPoland Sp. z o.o. is the Reservation Office which provides the reservation Service. StayPoland is a limited-liability company incorporated in Poland at Nowy Swiat 29/3, 00-029 Warsaw. StayPoland is certified as travel agency (Polish travel agency registration number 730) and holds the obligatory travel agency insurance with AXA;

USER
User is an individual or legal entity that uses the Service;

II. OTHER DEFINITIONS

RENTAL AGENCY
Rental Agency owns and provides the cars listed on www.staypoland.com or on affiliated websites using the System. The Rental Agency uses the System for selling its car model for short and mid-term rental periods.

SYSTEM
System is the car reservation system operated by the Reservation Office;

SERVICE
Reservation Office provides car reservation Service for the benefit of the Users and the contracted Rental Agencies. The Service is provided on request and is managed by the Reservation Office staff;

III. GENERAL TERMS CONDITIONS OF CAR RESERVATIONS

To reserve a car via www.staypoland.com the User must agree to be bound by the terms and conditions set below;

GENERAL PROVISIONS

The User must agree with the terms and conditions also on behalf of all other members of their party who will drive the rented vehicle.

These car reservation terms and conditions regulate the reservation process only. The actual car rental will be regulated by a rental contract signed between the Customer and Rental Agency at the beginning of the rental.

To reserve a car via the Service, the User must be at least 21 years old and in case of specified vehicled 25 years old and have three-years experience with driving.

To reserve a car via the Service, the User must possess a valid passport or Polish identity card and a valid driving licence. The Customers from Overseas (USA, Canada, Australia, New Zealand) are requested to have interenational driving licence or International Driving Permit (IDP) to be allowed to drive in Poland.

To reserve a car via the Service the User must hold a credit card valid at least 31 days after the planned termination of the car rental.

SPECIFIC RENTAL CONDITIONS

Pick-up fees, deposit and non-waivable excess insurance policies vary depending on the Rental Agencies and the car groups. The User is obliged to check properly the specific rental conditions for the models they consider to book via the System.

The specific rental conditions must be mentioned in the offer which is emailed or faxed by the Reservation Office to the User and must be given in the confirmation document.

The Reservation Office is obliged to assure that the rental conditions presented by the System and given in the confirmation document correspond with the conditions in the rental contract signed between the User and the Rental Agency at the beginning of the car rental period.

It is possible to go abroad with a car rented in Poland. User must contact the Rental Office to confirm whether and under what conditions will the permission be granted to the User to drive outside Poland.

MAKING A RESERVATION

The User bears all personal responsibility for any actions and consequences resulting from incorrectly filling in the car reservation form or not having the confirmation document when picking-up the car;

All reservations are valid only after we issue the confirmation document and send it by fax, via e-mail or post.

In the case that the payment is to the Rental Agent during pick-up, the Reservation Office send the User a Confirmation letter. In the case that the rental was fully prepaid on User's request, the Reservation Office issues a Confirmation Voucher.

Although we specify on confirmation document which car model the User selected, all reservations will only be confirmed for car groups, not for specific types of vehicles.

The User is obliged to print their confirmation document and have it when picking-up the car.

The Reservation Office does not guarantee that the confirmation document is delivered to the User. The User reserving a car is required to

make sure that the entire confirmation document was successfully delivered. In case it is not delivered, the User is required to notify the Reservation Office, so that an alternative type of delivery can be used;

The Reservation Office is authorised to block the User, who at any time in the past violated these Terms and Conditions;

PRICES AND EXTRA FEES

All car prices are published in the System per vehicle and per day and include 22% VAT and insurance (CDW/TP).

The User accepts that prices, restrictions and availability of unconfirmed products and services may change without prior notice.

The rate valid at the time when the User secures the reservation is the price the User will pay for the reservation to the Rental Agency.

The Reservation Office guarantees that the prices on StayPoland.com are free of booking fees and never higher than the basic rates available at the Rental Agency's offer at the moment of reservation.

All additional services (e.g.: after hours service, placement, airport service, additional driver, baby seat, no-risk guarantee, additional mileage, GPS, mobile phone, etc.) will be specified in the confirmation document and must be paid by the User on the spot directly to the representative of the Rental Agency.

Although most car models offered via the System have unlimited mileage, some lower-price car models may have limited mileage. The User must check the specific car rental conditions published on www.staypoland.com.

Unless stated otherwise or agreed in advance, one day of rental is 24 hours. If the rental period exceeds 25 hours, the customer is charged for the following day of rental.

Renter pays for the used fuel and is responsible for the good condition of the rented vehicle.

PAYMENT

The payment for the car rental is made on the spot, usually when picking up the car. The User pays the full amount directly to the Rental Agency.

To facilitate the payment the User must comply with the specific reservation and deposit conditions given in Point 7 of these terms and Conditions. The previously agreed and confirmed amount of deposit is authorised from the User's credit card at the same time when the full payment for the car rental is made.

The rental payment is made with a credit card or in cash. The basis currency for payment is Polish Zloty (PLN) and Euro (EUR). Payments in foreign currencies are made according to the daily purchase rate of the National Bank of Poland.

The accepted credit cards are VISA and MC. If the User wants to pay with a different credit card or debit card, it is necessary to inform the Reservation Office in advance to receive a confirmation that such payment is permitted.

On prior request from the User, it is possible to facilitate a full prepayment for the car rental. The full prepayment does not remove from the User the obligation of having a valid credit card to cover the cost of the deposit.

CAR PICK-UP AND DROP-OFF

The User is obliged to inform the Reservation Office about the exact pick-up time and the exact meeting place when confirming the reservation.

If it is not possible to give these details at the moment of booking, the User is requested to provide them as soon as they will be known.

If the User wants to pick up the car at the airport, the User must provide information about the flight number and the airport they fly from. The information must be supplied in writing (e-mail or fax) and the recipt confirmed by the Reservation Office.

In the case of any problems with meeting the rental agent, the User must call the Rental Agency's emergency number given in the Confirmation document or call the Reservation office.

RENTAL DEPOSIT

The User has to provide a satisfactory reservation guarantee. Unless stated or permitted otherwise, all Rental Agents require User's credit card details as a reservation guarantee.

The credit card used for securing the reservation must be valid at least one month after the User's car drop-off date.

Deposit and guarantee conditions of the car reservation vary. The precise formulations are available at the respective car model pages on StayPoland.com, clearly shown during the booking process and confirmed in the confirmation document to the User.

The Rental Agency has the right to carry out a pre-authorisation check of the credit card details given by the User in order to verify that the card is valid and the funds are sufficient. If there is a problem with a credit card, the Reservation Office will contact the User and ask for different credit card details. The reservation is cancelled if no valid card is supplied within 24 hours after the notification made by the Travel Agent.

No monies are deducted from the User's credit card before pick-up.

INSURANCE

All cars available via the Service are fully insured, including collision damage waiver (CDW) and theft protection (TP).

The insurance has a non-waivable excess of the same amount like the refundable Rental Deposit authorised from the User’s credit card at the beginning of the rental period.

On the Users request, the Reservation Office may arrange an extra-fee, no-risk guarantee superinsurance. No insurance covers the damage made if the driver used alcohol or drugs or car theft from non-guarded parkings or thefts along with the car keys and car documents.

AMENDMENTS

Two amendments to any confirmed reservation are made for free.

In case three or more amendments are made for one confirmed reservation, the Reservation Office may demand from the User an amendment fee of 30 PLN (approx. 7 EUR) per each amendment.

Unless it is a last minute change on the arrival day, all reservation amendments have to be made by the Reservation Office in writing. The Reservation Office does not guarantee amendments not confirmed by fax or by e-mail.

CANCELLATION

We apply very lenient cancellation policies. If you cancel your car reservation two days or one days before the pick-up date, the Rental Agency has the right to authorise your credit card for 10% of the total rental price. If you cancel or do not show up, the car rental company is authorised to debit your credit card for a one day cancellation fee or 15% of the total rental price, in the case that 15% of the total price is more than two days' rate.

CAR MODEL INFORMATION

Although the Reservation Office takes all possible care to ensure that the Rental Agent information and the car model descriptions are up-to-date, the Reservation Office cannot guarantee that the descriptions will match the current reality. The Reservation Office accepts no liability for any omissions and errors in the car models descriptions.

The car model descriptions are subject to alteration, and the descriptions may change without any notice.

SECURITY OF PERSONAL IDENTIFIABLE INFORMATION (PII)

The Reservation Office guarantees the security of the personal information about the User.

The Reservation Office uses the User's PII only for the purpose of responding to and fulfilling the requests for StayPoland.com travel products and services. It is shared solely with authorised hotel executives and only used in order to complete a transaction that the User specifically requests;

The Reservation Office uses certified, 100% Secure Socket Layer (SSL) 128-bit encryption (credentials by Comodo Group) which effectively restrains access to private information from a third party and ensures that your Personal Identifiable Information is securely and quickly authorised; ---

RESERVATION LIABILITY

The Reservation Office accepts responsibility for mistakes and ommissions caused by its employees and officers.

The Reservation Office does not accept liability for any damage caused by the unavailability of cars caused by the Rental Agencies overselling their inventory.

In rare case if Rental Agency cannot provide a model from the confirmed car group the Rental Agency will offer alternative car models of the higher class.

If the User prepaid the reservation and the Reservation Office is not able to confirm the desired car group, the Reservation Office is obliged to make a full refund of all monies paid by the User.

LIMITATION OF LIABILITY

The Reservation Office does not guarantee the accuracy, availability, timeliness, completeness, performance or fitness for a particular purpose of any part of this site, any content or any car models, products or services available via this site or guarantee that this site is free from viruses, worms or Trojan horses.

The Reservation Office makes no warranty about the suitability of any product reserved or purchased by the User.

The Reservation Office accepts no liability for the standard of services and availability of the amenities described on the Web Site. The Reservation Office is only a booking system, it does not own the cars and such it has no impact on all temporary inconveniences the User may experience with Rental Agency.

The Reservation Office makes no warranty about performance or nonperformance of the Service or decreased merchandability of the offered products via the Reservation Office or any third-party reseller of the Travel Agent's inventory.

Where permitted by law, the Reservation Office's liability shall not exceed the price of the services or products purchased by the User from the Reservation Office.

INDEMNIFICATION

The User agrees to indemnify, defend and hold harmless the Reservation Office, its officers, directors, employees, agents, resellers, licensors, suppliers and any third party information providers to the Service from and against all injuries, accidents, consequential losses, expenses, damages and costs, including reasonable and necessary attorneys' fees, resulting from any violation of these Terms and Conditions (including and without limitation: negligent or wrongful conduct) by User or any other person accessing the Service;

FORCE MAJEURE

The Reservation Office cannot be held accountable for damages and changes to reservations caused beyond the control of the Travel Agent (including and without limitation: acts of God, floods, tempests, fires, weather conditions, accidents, war or threat of war, acts of terrorism, explosions, sabotage, insurrection, civil disturbance or requisition, government intervention, strikes, labour disputes, effects of mass gatherings, sickness, quarantine, machine breakdown or other outward occurrences);

COMPLAINTS

All complaints regarding the car rental have to be reported the Rental Agency's management during the rental. If the problems are not resolved, they should be reported to the Reservation Office in writing at the latest 48 hours after the dropping-off date of the car.

All complaints regarding the Service must be logded in writing within 48 hours from the time the User first experienced their causes.

If complaints are brought to an attention of the Reservation Office later than within the afore-mentioned deadlines, it may decrease the ability of the Reservation Office to effectively rectify the problem.

The Reservation Office is obliged to research the complaint and provide a response within 14 days.

GOVERNING LAW

This Agreement and its performance shall be governed by the laws of Poland without giving effect to applicable conflict of laws provisions. User consents and submits to the exclusive jurisdiction of the courts located in Warsaw, Poland, in all questions and controversies arising out of the User's use of the site and these Terms and Conditions.

CHANGES TO GENERAL SERVICE CONDITIONS

The Reservation Office reserves the right to do changes to the General Car Reservation Terms and Conditions.

If a provision of these Terms and Conditions turns invalid, it will not influence validity of the General Service Conditions as the whole.

If the present General Car Reservation Terms and Conditions get into conflict with the Site Terms, the General Car Reservation Terms and Conditions will prevail.

These conditions were given publicly and are valid from December 15, 2003 onwards. Last amendment was done on July 18, 2006.