T&CS

GENERAL TERMS AND CONDITIONS

These General Terms and Conditions of Contract (hereinafter: GTCs) define the rights and obligations of the parties to the contract, concluded by the Driver and the Company, the subject of which is the provision by an individual (hereinafter: the Driver) to MOWJ Invest spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, Al. Jerozolimskie 155 lok. U3, 02-326 Warsaw, entered in the Register of Entrepreneurs of the National Court Register under KRS number 444311, NIP: 8212637858, REGON: 146457976, (hereinafter: the Company) of the vehicle specified in the lease agreement together with any additional equipment (hereinafter: the Vehicle).

§1 Subject matter of the Agreement

1. The subject matter of the Agreement is the lease of a Vehicle with the particulars detailed in the Agreement to the Company by the Driver, for the purpose of the Company performing personally or through others the transportation of persons or property or the delivery of meals/shopping/shipping based on orders from the Company's Partners, obtained through mobile applications such as Uber or Bolt.
2. The Driver declares that the technical condition of the Vehicle is good, the Vehicle has valid third-party liability insurance, valid technical inspections and meets the conditions for its use in the provision of passenger cab services. The Driver undertakes to fulfill all conditions referred to in the preceding sentence throughout the term of the Agreement.

§ 2 Use of the Vehicle

1. The Driver or another person designated by the Company may drive the Vehicle.
2. The beginning of the term of the Agreement starts from the date of signing the Agreement until the date of its completion
3. The operator of the Vehicle has the following responsibilities:
4. comply with traffic regulations
5. securing the vehicle and its equipment against theft, in particular by locking the vehicle each time and activating all anti-theft and alarm devices, and carefully securing documents and keys outside the vehicle
6. use of the type of fuel in the vehicle in accordance with the engine specifications listed on the registration certificate and in the technical documentation of the vehicle
7. Checking and maintaining and replacing the correct level of windshield washer fluid in the vehicle
8. Maintaining at least 15 liters of fuel in the car's tank
9. Checking and maintaining the proper condition and pressure of the tires,
10. Checking the operation of the vehicle's lights and properly maintaining them
11. adhere to the vehicle's operating instructions and comply with the terms of the warranty
12. Accounting for the entrusted Vehicle,
13. The Company is authorized to provide cab services on its behalf or on behalf of other entities with the Vehicle.

§ 3 Return of vehicle

1. If the Company terminates or withdraws from the lease agreement, the Company shall return the Vehicle within no more than 1 business day. If the Vehicle is then driven by the Driver, the Parties shall consider that the Vehicle has been returned to the Driver
2. Notice of termination and withdrawal from the Agreement must be in writing, or via e-mail, and should be delivered to the other party by registered mail or e-mail address indicated in the Agreement.

§ 4 Payments

1. The Company agrees to pay rent to the Driver on a weekly basis, payable in arrears in the amount and on the terms indicated in the Agreement.
2. The payment referred to in paragraph 1 will be made on a weekly basis to the Driver's bank account indicated in the Agreement.
3. The date of payment shall be the date on which the Company's bank account is debited.
4. The Company shall bear the costs of maintaining the Vehicle, including, in particular, covering the cost of fuel on its own for the use of the Vehicle. In the event that the Driver purchases fuel for the Vehicle on his/her own and provides the Company with a VAT invoice documenting the purchase of fuel indicating the details of the Company as the purchaser, then:

• The Company shall reimburse the Driver for the cost of fuel purchases documented on the VAT invoice provided to the Company,
• Increase the rental amount of the Vehicle for the period in which the invoice referred to in paragraph 1 was delivered to the Company by 11.5% of the net value of the invoice.

5. The rent referred to in paragraph 1 of this section will depend on the amount of wear and tear on the Vehicle and will be calculated as follows:

• The value of trips made with the Vehicle in Bolt, Uber, etc. applications will be reduced by 8% and the cost of the application operators' commissions charged for the transfer of individual trips made with the Vehicle,
• The value of the bonuses granted by the application operators indicated in paragraph 1 to the driver of the Vehicle will be reduced by 23%.
• The sum of the amounts in items 1 and 2 will be reduced by the gross value of the invoices referred to in paragraph 5(1) and increased by the value referred to in paragraph 5(2).
• The result referred to in paragraph 3 will be reduced by:

1. PLN 100 as the Company's profit and
2. The amount of remuneration of the person driving the vehicle plus the amounts of contributions that the Company is obliged to pay from such persons (if applicable), as a rule, at the rate of 0.119 zlotys per course.
3. The amount of 10 zlotys, provided that the payment of rent is to be made in cash
4. In the case of a Vehicle intended by the Driver for use by the Company under:

- Uber (with ecasa without tax meter) 30 zl.

- Bolt (with ecasa without taximeter) 30 zl.

- FreeNow (with ecasa without taxometer) 30 zl.

- Use of a card payment terminal in the Vehicle 30 PLN

- in more than one application at the same time (with ecasa without taximeter) PLN 50

- installation in the Vehicle of a taximeter with a fiscal cash register PLN 50

- under iTaxi- a set of 100 zł

- under EleTaxi- a set of 100 zł

6. W przypadku dokonywania wypłaty czynszu w formie gotówkowej, kwota podlegająca fizycznej wypłacie zostaje zaokrąglona w dół do pełnych 50,00 zł (słownie: pięćdziesięciu złotych). Różnica pomiędzy kwotą wyliczoną zgodnie z postanowieniami niniejszego paragrafu a kwotą faktycznie wypłaconą w gotówce, przechodzi na kolejny okres rozliczeniowy i zostanie doliczona do czynszu należnego Kierowcy w następnym tygodniu.
7. The Company informs that in accordance with current legislation, the Driver is obliged to pay tax on income from the Agreement to the Head of the Tax Office having jurisdiction according to the place of residence. This tax is payable by the 20th of the following month (i.e., if the rent was paid on March 5, the tax on the amount received should be paid by April 20). After the end of each calendar year (by the end of April), each Driver is obliged to independently prepare, sign and send to the Head of the Tax Office a tax return indicating the amount of income from the Agreement (i.e., the amount of rent) and the tax due.

§ 5 Breakdown, damage to vehicle, person or property

The Driver indemnifies the Company for any possible damage to the Vehicle, as well as for the loss of the Vehicle.

§ 6 Duration of the Contract and Return of the Vehicle

1. The contract is concluded for an indefinite period.
2. Either Party has the right to terminaté the Agreement̨ with one day's notice. The termination shall bé in writing or in the form of an e-mail sent to the addresses indicated in the Agreement - kontakt@mowj.pl.
3. Each Party shall have the right to terminate the Agreement with immediate effect in the event of non-performance or improper performance of the Agreement by the other Party. In such case, the Party submitting the statement of immediate termination of the Agreement, in writing, electronically, in the form of an e-mail, is obliged to indicate the reason for termination and its justification.

§ 7 Processing of personal data

1. The Company declares that it will be the controller of the personal data disclosed and processed under this agreement.
2. The Company declares that in order to perform the contract and obligations imposed by law, it will process the following data of the Driver: name, surname, PESEL, NIP, date of birth, place of business, address of residence, e-mail address, telephone number.
3. The Company declares that the Driver's personal data will be processed throughout the term of the Agreement for the purpose of performing the Agreement.
4. The Company declares that the Driver's data will be transferred to third parties providing IT, legal, tax, accounting or human resources services to the Company, to whom it has contracted services related to the processing of personal data. Such entities shall process data on the basis of a contract with the Company and only in accordance with its instructions.
5. The Company informs that the Driver has the right to access personal data collected by the Company and to rectify, delete (if the purpose of processing has been completed) or restrict processing.
6. At the same time, the Company, in order to comply with the obligations imposed by law, will keep the data for the period during which the Company is required to retain the data or documents containing them for the purpose of documenting compliance with legal requirements, including allowing public authorities to inspect their compliance.
7. The Company declares that the processing of personal data is a condition for the conclusion of the Agreement.
8. The Company informs that the Driver has the right to file a complaint with the President of the Office for Personal Data Protection if, in his opinion, there is a violation of the law in the processing of his personal data.

§ 8 Final provisions

1. Any disputes related to the lease agreement shall be settled by the court having jurisdiction over the Company's registered office
2. Any changes to the Agreement shall be in the same form as the Agreement.
3. If a translation of the Agreement into a language other than Polish is prepared, a version of the Agreement in Polish shall be attached to the translation so that each Party has a copy in Polish and a copy with translation. In the event of discrepancies in the provisions or doubts of interpretation, the Parties shall be bound by the provisions in Polish and the Agreement in this language shall prevail.
4. The Company is authorized to transfer all rights and obligations under the Agreement to a third party.

§ 9 Amendments to the T&Cs

1. The current version of the T&Cs is always available at: www.mowj.pl (hereinafter: Service)
2. The Company reserves the right to amend the T&Cs. Drivers will be notified of the content of the changes to the T&Cs by sending a notice containing a summary of the changes to the T&Cs to the e-mail address provided in the Agreement. Amendments to the T&Cs shall become effective on the date specified with the information on the amendment to the T&Cs, but no earlier than 14 calendar days after the notification of the amendment to the T&Cs. The amended T&Cs shall be binding on the Lessor unless, in the event of non-acceptance of the changes to the T&Cs, the Driver declares to the Company - within 14 calendar days from the date of receipt of information about the change to the T&Cs - to terminate the Agreement.
3. To the extent not regulated in the T&Cs, the applicable provisions of Polish law shall apply.
4. The T&C shall enter into force as of the date of its publication on the Site.

 

 

W celu zabezpieczenia prawidłowości rozliczeń oraz ochrony płynności finansowej, Spółka zastrzega sobie prawo do czasowego ograniczenia Kierowcy dostępu do zleceń opłacanych gotówką przez klientów końcowych (dalej: „Zlecenia Gotówkowe”). W przypadku, gdy suma zaliczek (gotówki pobranej przez Kierowcę od klientów) przekroczy 50% (słownie: pięćdziesiąt procent) łącznego obrotu wypracowanego przez Kierowcę w danym okresie rozliczeniowym, Spółka jest uprawniona do technicznego zablokowania widoczności Zleceń Gotówkowych na giełdzie zleceń w aplikacjach mobilnych, o których mowa w § 1 ust. 1 niniejszego OWU. Blokada obowiązuje do momentu przywrócenia proporcji rozliczeń poniżej wskazanego progu lub do rozpoczęcia nowego okresu rozliczeniowego