Car Hire Poland Spolka z o. o. with its registered office in Gdynia, ul. Swietojanska 39/3, 81-391 Gdynia, VAT number (NIP) 5862307101, registered under number 0000621021 in the Court Register kept by the District Court for the City of Gdansk; Statistical number (REGON): 364593653, a franchisee of the Enterprise Rent-A-Car in the territory of Poland, hereinafter referred to as “Enterprise”, will rent a Customer, whose signature appears in the Rental Agreement, a car specified in the provisions of the present Rental Agreement, that are accepted and shall be followed by the Customer.
The Customer shall cover all fees presented on the first page of the Rental Agreement. The amount of the car rental fee will be determined at the rental date and depends on the price rates applied, as well as the individual treatments and terms of cooperation, established under agreed contractual commitments, agreements etc., which are in force by the Parts in the moment of signing present Rental Agreement.
Enterprise will pre-authorise the credit card issued for the Customer’s name prior to the rental date at the amount of the anticipated rental cost, non-waivable excess, deposit for missing fuel and an administrative fee.
The Customer agrees to make an additional charge without a physical use of the credit card for the payment liabilities arising during the term of the Agreement and after its termination due to the additional fees, not covered by the rental fee, for:
a) used fuel - in the amount of EUR 2.46 gross per a litre of missing fuel, maximum up to the amount of the deposit for fuel specified in the Agreement,
b) an administrative fee as specified in item 1.2. – amounting to EUR 30 gross,
c) non-waivable excess in case of the car loss or damage covered by CDW/TP insurance up to the non-waivable excess (NWE) specified in the Agreement,
d) the repair of the damaged car that is not covered by CDW/TP insurance – maximum up to the value of damage.
The account of the credit card presented will be charged with the total rental cost (termination of the pre-authorisation) when the rental is finished, unless the Customer presents another method of payment.
The prices and fees are quoted in EUR and converted into PLN according to the average exchange rate published by the National Bank of Poland (NBP) on the date preceding the rental date. If payment is made using a credit card, Enterprise will charge the account of that card in PLN unless the Customer chooses another currency for that payment.
In case of any payment arrears the statutory interest will be accrued in compliance with applicable laws.
In the case of unpaid parking fees or fines for infringement of the provisions of the Traffic Code, the Code of Offences and other laws, rules, orders - caused by the Customer’s fault - that Enterprise will be notified of by the municipal authorities, the Police or the Road Transport Inspectorate, the Customer will be charged with the contractual penalty amounting to EUR 30 gross for providing information to the above mentioned entities on the person causing the incident.
In case any Authorities will demand immediate settlement of the penalty on behalf of the customer, Enterprise will make the payment directly to the account indicated by the Authority and then will charge the Customer with the amount specified in the penalty.
The Customer shall be obliged to notify by e-mail of the intention to prolong rental. After obtaining the approval of Enterprise, the Customer will be charged with a rental fee according to the price list in force at the moment of entering into the Agreement.
In case of the rental prolongation without prior notification to Enterprise, the Customer will be charged with the amount of 1.5 daily rate contracted in the Agreement.
The Customer, for an additional charge, may purchase an optional extras according to the following price list:
The rented car will be delivered to the Customer with a full fuel tank. The Customer will refill it using the fuel type suitable for the particular car. In the case of refilling with the wrong type of fuel, which is incompatible with the principles of the proper usage of the car, the Customer will be charged up to the full value of the repairs in accordance with the authorized repair service expertise. If the car is returned without the full tank, the Customer will be charged with the cost of missing fuel at the rate of EUR 2.46 gross per litre.
The Customer is obliged to return the car to Enterprise’s office and during its working hours or in another place and time specified in the Rental Agreement. The car must be returned with a set of documents and a key. The Customer may return the rented car only to a representative who gives proof of his/her identity with the identifier marked with Enterprise’s logo. It is allowable to return the set of documents together with the key to the box marked with the inscription “KEY BOX” that is placed in the Enterprise’s office. In some exceptional situations and upon Enterprise’s consent, the key and the documents of the rented car may be returned to a hotel reception desk.
The rental duration is charged on the basis of the 24-hour periods and starts at the moment when the car is provided to the Customer. Prolonging the rental duration by more than 59 minutes results in charging the Customer for another 24-hour period according to the price list in force at the conclusion of the Agreement. The Rental Agreement may be concluded for a maximum of 30 days. Prolonging the rental duration requires the written consent of Enterprise.
An arbitrary prolongation of the rental duration without Enterprise’s prior consent will result in the lack of protection under the Motor Hull Insurance (“Autocasco”).
The “Damage Check Form” is an integral part of the Rental Agreement where the Customer’s signature and the signature of the Enterprise’s representative are placed at the moment of renting and returning the car. Any damage must be entered by the Enterprise’s representative into the “Damage Check Form” and accepted by the Customer.
If the Customer returns the car outside Enterprise’s working hours the Customer is responsible for any damage to the car, caused by his/her fault until the representative of Enterprise checks the car on the next working day.
The Customer must leave the rented car in the car park indicted by Enterprise. If the rental office is equipped with a so called “KEY BOX", then the Customer must leave the key and the car documents together with the parking ticket, if he/she has such ticket. If the Customer leaves the key and documents in the "KEY-BOX" out of the office working hours, this will not result in termination of the Rental Agreement. The Customer’s responsibility for the rented car will expire at the moment, when an Enterprise’s employee collects the car documents and the key from the “KEY BOX’ , and checks the car after the office is opened the next working day. This is understood as termination of the Rental Agreement. The date and time of Enterprise’s office opening on the next day after return of the car or the day and time visible in the parking entering ticket is understood as the date and time of the car return. The Customer shall be liable for any damage, unless they are due to the circumstances without his/her fault.
Return of the car outside the working hours of the office in the presence of Enterprise representative is subject to a fee amounting to EUR 36,90 gross.
The car may be returned at a location other than the Enterprise’s office exclusively with Enterprise’s prior consent. The date and the time of the car return outside of Enterprise’s office is understood as the date and the time quoted by the Customer to Enterprise’s employee. Enterprise will be obligated to collect the car within 24 hours from the moment when information is received from the Customer. If the Customer reports to Enterprise that the car is ready for collection on Saturday, Sunday or during bank holidays, such collection may take place before midday on the first working day. In such situation the Customer will be responsible for the car until that time. In particular, the Customer when selecting parking space to leave a car is required to choose parking space with due diligence, which will enable to avoid parking damage. If Enterprise does not collect the car by that time, it will take the responsibility for the returned car. The Customer shall be liable for any damage, unless they are due to the circumstances without his/her fault.
Return of the car in a different Enterprise Branch within a territory of Poland is subject to a fee amounting to EUR 61.50 gross.
a) by a person other than the Customer, unless such person has not been previously accepted by Enterprise through the entry into the appropriate place on the first page of the Rental Agreement. This person should have a valid driving license or international driving licence if it is required under international laws, for at least one year and he/she should comply with the conditions specified by Enterprise concerning the minimum age for a particular group of cars;
b) if the Customer or another driver of the car is under the influence of alcohol, hallucinogenic drugs, narcotics or other substances that influence his/her consciousness and ability to react;
c) against any customs regulations, traffic regulations or other regulations that are binding in the territory of Poland;
d) outside the territory of Poland, if he/she does not obtain the written consent of Enterprise every time. It is not allowed to enter the following countries: Albania, Belarus, Bosnia & Herzegovina, Kosovo, Macedonia, Moldova, Montenegro, Russia, Serbia, Turkey, Ukraine;
e) in any races, rallies and sport contests;
f) to transport of people or goods in a form of sublease without Enterprise’s consent;
g) to tow other vehicles, trailers or other objects;
h) to transport the flammable substances, hazardous substances, toxic substances, and also corrosive, radioactive, and other harmful substances;
i) to transport the objects, which, because of their smell or other characteristics, may cause any damage to the car, or may expose Enterprise to additional costs caused by the loss of rental time or rental payments due before the car will be rentable again;
j) to transport the live animals (excluding pets, after previous written Enterprise’s consent);
k) with the roof-rack or any other devices, which are not provided by Enterprise;
l) to drive on unhardened roads or roads, which surfaces or condition may cause damage to the suspension system, wheels, tyres.
By signing the Rental Agreement the Customer acknowledges that he/she will be liable, as a driver, for any traffic offences that occur during usage of the rented car as well as for any fines or penalties which may be imposed in relation to the traffic offences or other breach of the laws, regulations, rules, orders until the car is returned, unless caused by Enterprise’s error.
The Customer acknowledges the fact that Enterprise will provide the Police or other authorized authorities with the Customer’s personal data, taking into account the Personal Data Protection Act.
During usage of the car the Customer will be obligated to routinely control the indicators located in the dashboard, the oil and water levels, and the air pressure in the tyres. If the Customer finds out any faulty actions of any components, the Customer will be obligated to stop the car immediately and contact the nearest Enterprise’s office. Every time the Customer parks the car, even for a short period of time, he/she is obligated to use all protection devices the car is equipped with. It is forbidden to leave the documents and/or the key in the car and this will result in invalidity of insurance covering the car theft.
Smoking of all kinds of tabacco is forbidden in the rented vehicle as well as the e-cigarettes. In case of the breach of the above ban Customer will be charged amount of 120 EUR for upholstery cleaning.
The Customer shall be discharged of liability in the case when damage to the car results from the traffic incident by the third party’s fault. In such a situation, it is necessary to call the Police to the incident scene, immediately notify Enterprise, and show Enterprise the incident location.
In a situation when Customer will not fulfil the necessary formalities as well as calling for the assistance of Police, Customer will be financially liable up to the excess amount indicated on the first page of the Rental Agreement.
The Customer shall immediately notify Enterprise of each damage to the car and send photos demonstrating the damage arisen to the car.
If the Customer accepts the insurance conditions, Collision Damage Waiver and Theft Protection in the Rental Agreement, the Customer’s liability, in the case of any damage, theft or loss of the whole car or its part, may be limited to the real cost of repair, maximum up to amount of the Customer’s excess deposit that is presented in the Rental Agreement (EUR 400, EUR 800, EUR 1000, EUR 1400 gross depending on the group of the ordered car). This is under the condition that the Customer has not violated any terms and conditions of the rental specified in the Rental Agreement. The Customer may be released from liability if he/she proves that the incident resulting in damage was due to the circumstances without his/her fault.
If the Customer waives the insurance CDW/TP charge, in case of any damage to the rented car or its part and in case of theft, the Customer will be liable up to the full value of the rented car. The Customer may be released from liability if he/she proves that the circumstances referred to above have not been caused by his/her fault.
The insurance will not cover following damages:
· If the car is driven without Enterprise’s consent;
· In case of the car driver’s hit and run;
· In case of any misstatements about the place, time and circumstances of the damage;
· Driving under the influence of alcohol or/and drugs/any other illegal substances.
The Customer may also eliminate such liability, if he/she accepts the following insurance:
· SCDW (Super Collision Damage Waiver) that exempts the Customer from financial liability for damage to the car, excluding damages to windows and wheels and/ or tires and excluding its burning down and theft;
· SCDW/TP (Super Collision Damage Waiver/Theft Protection) that exempts the Customer from financial liability for damage to the car and its theft excluding damages to windows and wheels and/ or tires and excluding its burning down;
· TWP (Tires and Wheels Protection) that exempts the Customer from financial liability for damage to the windows and wheels and/or tires;
· SCDW+ (Super Collision Damage Waiver Plus) that exempts the Customer from financial liability for damage to the car, excluding its burning down and theft;
· SCDW/TP+ (Super Collision Damage Waiver/Theft Protection Plus) that exempts the Customer from financial liability for damage to the car and its theft excluding its burning down.
The Customer’s liability will be in each case unlimited if damage is the consequence of recklessness or gross negligence on the part of the Customer in breach of the present terms and conditions of the Rental Agreement.
If the Customer loses the documents of the car the Customer will be charged with the contractual penalty in the amount of 25 EUR gross. Losing the key to the car entitles Enterprise to charge the Customer with the amount for making new keys, ranging from 307,50-880 EUR gross.
In addition, the Customer will be charged for the downtime, parking and any possible travel. In a situation where the Customer by accident takes the key with him/her along with the documents he/she will also be charged for the downtime, parking and any possible travel as well delivery of the key to the Enterprise Office. The Customer's liability shall be excluded in the case of proving that the incident was due to the circumstances without Customer’s fault.
If the Customer had caused the accident and ran away from the accident scene he/she will also assume unlimited liability for any damage arising there from and lost profits by Enterprise, unless they are due to the circumstances without the Customer’s fault.
If the Customer transports animals inside of the rented car, he/she will be fully responsible for any arisen damage different from that occurring during the standard car usage.
If the car described in the Rental Agreement, becomes for any reason not drivable, Enterprise will have the right to replace the car with another alternative car of a similar standard and if the alternative car is not available or cannot be provided, the Customer will be refunded such amount of the rental cost that is equivalent to the payment for the unused period.
The Customer is not allowed to do any repairs on the car without Enterprise’s permission. In case the permission is granted by Enterprise, the Customer will receive a refund from Enterprise upon a receipt or a VAT invoice for the work.
If an accident or theft occurs the Customer must immediately notify the Police. The Customer has no right to accept any third party’s claims. The Customer should immediately notify Enterprise of any damage to the car.
Enterprise will make every effort to replace or repair the rented car. If the rented car is replaced with another car, the appropriate changes must be made in the Rental Agreement and both contractual parties must mutually agree to such changes. Enterprise will not bear any responsibility for any losses on the part of the Customer, including loss of profits, until it is proved by a final judgment of the court, that Enterprise cannot exclude or limit its liability towards the Customer.
In the event of damage making the car non-drivable or the car theft, Enterprise shall use its best endeavours to provide the Customer within 24 hours with another car under the same Rental Agreement.
1. Car Hire Poland sp. z o.o. headquartered in Gdynia (81-391), ul. Świętojańska 56/2) shall be the personal data Controller, regarding personal data of the Lessee and of the individuals indicated by the Lessee in the Rental Agreement or during the execution thereof (“the Controller” or “Car Hire”..
2. Furthermore, within the scope indicated in this information, the following shall be separate and independent personal data controllers:
a) EAN Data Services UK Ltd.,
b) Enterprise Holdings, Inc. and/or
c) other affiliates at Enterprise Holdings (details at https://www.enterprise.co.uk/en/privacy-policy.html)
– jointly named “EHI”.
3. The Controller ensures that the data processing taking place within the Controller’s organization is compliant with provisions of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), as well as other appropriate domestic laws regarding personal data protection, taking into consideration guidelines of any authorized authorities.
1. Car Hire appointed a Personal Data Coordinator (PDC), who can be contacted by e-mail: email@example.com. PDC can be contacted regarding all matters pertaining to personal data processing as well as exercising all rights associated with data processing.
2. The PDC does not carry Data Protection Officer’s functions in the GDPR’s terms.
3. In case of any questions relating to the processing of Customer Personal Data, Car Hire should be contacted in the first p
1. Car Hire, acting as an independent data controller, shall use personal data (hereinafter referred to as “Customer Personal Data”) of the Lessee – natural person (“Customer”) and individuals employed by the Lessee (hereinafter referred to as “Authorized Driver”), who enter into individual and specific rental agreements (“Rental Agreement”) and – on a case by case basis – disclose it to the recipients for the following purposes:
a) Process Customer Personal Data to manage the rental and the commercial relationship, communicate with the Customer about or assist with the rental. Car Hire processes Customer Personal Data for this purpose on the basis of (i) contractual necessity (e.g. billing) or (ii) its legitimate interests in ensuring the effective delivery of the requested services, when these interests are not overridden by the Customer’s – and any applicable additional Authorized Drivers’ – data protection rights;
b) verify personal, driving and credit information (including Customer Personal Data) provided by the Customer and any additional Authorized Driver through credit agencies, relevant driver and vehicle licensing agencies, fraud prevention agencies/databases or other sources. Car Hire processes Customer Personal Data for this purpose on the basis of its legitimate interests in preventing fraud, when these interests are not overridden by the Customer’s – and any applicable additional Authorized Drivers’ – data protection rights;
c) provide details of any accidents in which the Customer or any additional Authorized Driver of the Car are involved (including Customer Personal Data) to relevant insurance databases. Car Hire process Customer Personal Data for this purpose where necessary for the establishment, exercise or defense of legal claims or on the basis of its legitimate interests;
d) provide Customer Personal Data to government agencies who oversee road scheme programs for the purpose of assisting in the enforcement of any traffic regulation during the rental period. Franchisee processes Customer Personal Data for this purpose where necessary to ensure its compliance with applicable legal obligations;
e) provide Customer Personal Data to the relevant motor tax office or authority, debt collectors, credit agencies and any other relevant organization or authority on the basis of (i) contractual necessity, (ii) compliance with a legal obligation (for example tax law, accountancy law) and/or (iii) Franchisee’s legitimate interests to recover any pending debt;
f) send the Customer marketing communications (by electronic communications, or via phone or by sms/mms) about similar products or services which the Controller thinks may be of interest to him, on the basis of its legitimate interests in conducting such marketing, or, – where required, the Controller will seek the Customer’s consent to do so at the time of data collection, such consent may be withdrawn at any time. Withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
2. Car Hire will disclose Customer Personal Data to EHI, acting as independent data controller, for the following purposes:
a) process Customer Personal Data to manage the rental and the commercial relationship, communicate with the Customer about or assist with his rental. EHI processes Customer Personal Data for this purpose on the basis of its legitimate interests in ensuring the effective delivery of the requested services, when these interests are not overridden by the Customer’s – and any applicable additional Authorized Drivers’ – data protection rights;
b) store Customer Personal Data that relates to any incident arising from the Customer’s dealings or an additional Authorized Driver's dealings with EHI if it thinks that, as a result of such incident, the Customer or an additional Authorized Driver could be a risk for future rentals. EHI processes Customer Personal Data for this purpose on the basis of its legitimate interests in protecting its employees, other customers, the public and its property from safety or financial risks based on past customer conduct, when these interests are not overridden by the Customer’s – and any applicable additional Authorized Drivers’ – data protection rights;
c) process Customer Personal Data in order to carry out phone customer satisfaction surveys. EHI processes Customer Personal Data for this purpose on the basis of its legitimate interests in ensuring customer satisfaction of the services which it provides, when these interests are not overridden by the Customer’s – and any applicable additional Authorized Drivers’ – data protection rights;
d) compile statistics and analysis about the Customer – and any applicable additional Authorized Drivers’ – use of EHI products and services, including statistics based on anonymized data, which enable EHI to provide the Customer and other customers in the future with better customer service, products, features and functionalities. EHI processes Customer Personal Data for this purpose on the basis of its legitimate interests in gathering statistical data of the services which it provides, when these interests are not overridden by the Customer’s – and any applicable additional Authorized Drivers’ – data protection rights.
1. The Controller processes personal data of proxies acting on Customer’s behalf and in Customer’s name, as well as personal data of people employed by the Customer, indicated by the Customer in the Rental Agreement for the purpose of its performance.
2. Personal data shall be processed for the purpose of an adequate and effective performance of the Rental Agreement – the legal basis for processing shall be the legitimate interest of both the Processor and the Customer (art. 6 par. 1 point. f GDPR), consisting of an appropriate agreement performance as well as ensuring an ongoing contact with the Customer.
3. Otherwise, the information contained in this information shall be applied accordingly to Customer’s attorneys and people employed by the Customer.
1. The personal data recipients may be, in particular, the following categories of subjects: subjects providing the Controller with services associated with performance of the agreement with the Lessee; subjects belonging to Enterprise Holdings (full list of such subjects at: https://privacy.ehi.com/pl-pl/home.html); suppliers of IT systems and services, including repair and maintenance services; subjects providing consulting, audit, financial and accounting services; subjects providing postal, delivery and shipping services; subjects providing banking services; subjects providing services associated with archiving and document destroying; subjects providing property protection services.
1. EHI and Car Hire shall retain Customer Personal Data for the following period of time:
We keep marketing information, such as e-mail subscription and loyalty enrollment data until the withdrawal of the consent you granted it.
We keep data linked to cookies and other online identifies up to three years. We keep other marketing information, such as e-mail subscription and loyalty enrollment data for up to 7 years after your last interaction with us.
We keep the data associated to your rental agreement for up to 6 years from the date of the rental. We keep records of payments you have made for 5 years from the end of the calendar year in which the transaction is executed.
We keep the data associated to your rental agreement for up to 7 years from the date of the rental, subject to other local legal requirements. We keep records of payments you have made for 2 years from the date of the transaction (depending on the location of the rental).
Customer Service Related Queries
We keep general queries for 1 year, unless you make a complaint which is likely to result in a dispute, in which case, we keep complaints data for 6 years
We keep general queries for 3 years, unless you make a complaint, in which case, we keep complaints data for 7 years.
If we are involved in litigation, then we keep data throughout the period of litigation and for 6 years after that
If we are involved in litigation or a governmental or regulatory investigation, then we keep data throughout the period of litigation and for 5 years after that. If a settlement means that we have to keep data for longer, then we keep data for the period required to administer the settlement. If we provide data to law enforcement agencies, then we keep a record of this for one year beyond the end of the investigation
1. Customer or Authorized Driver has a right to:
a) access and port his personal data (including in certain cases in a commonly used, machine readable format);
b) have his personal data rectified (where it is inaccurate or incomplete);
c) have his personal data erased where Franchisee or EHI no longer has any legitimate reasons to process it;
d) have his personal data restricted;
e) object to Franchisee or EHI’s processing of his personal data in certain circumstances;
f) lodge a complaint with the applicable supervisory authority.
1. The Lessee may provide the Controller with personal data directly or through suppliers of reservations systems or brokers (including on-line system operators), cooperating with the Controller, who provide the Controller with personal data in the scope necessary to enter in the rental agreement (i.e. name, surname, reservation no., e-mail, telephone no., reservation details).
1. Supply of personal data in the scope required by the Controller is necessary in order to perform the agreement’s obligations, whereas failure to provide the data will make conclusion as well as performance of the agreement impossible. Any supply of personal data outside of the scope indicated by the Controller is voluntary.
1. By acknowledging and accepting information on processing of personal data, the Lessee hereby declares that the individuals whose personal data have been provided by the Lessee to the Controller, have been acquainted with this information, and furthermore declares that he/she will ensure that those whose data will be provided to the Controller in the future, will get acquainted with this information as well.
Enterprise will be exclusively liable for the damages or losses incurred by the Customer or third parties in relation to the rented car or its usage, if such losses or damages have been caused by the fault of Enterprise. In any other cases Enterprise will not be found liable.
Enterprise will not be responsible for theft, damage and loss of use value of any objects transported or left in the car.
Enterprise will maintain the third party liability, in accordance with the insurance policy, exclusively for these persons who use the car upon Enterprise’s consent in compliance with law, the Agreement and the General Conditions.
The amount of cover in the case of personal injury shall amount to EUR 5 000 000 in respect of one incident, whose consequences are covered by insurance regardless of the number of victims, while in the case of damage to property it is the amount of EUR 1 000 000 for one incident, whose consequences are covered by insurance regardless of the number of victims.
By accepting the CDW and/or the TP in the first page of the Rental Agreement, the Customer will be obligated to pay a fee according to the current valid price list. If the Customer does not obtain the Collision Damage Waiver - CDW and/or Theft Protection – TP insurance, Enterprise will have the right to refuse to conclude the Rental Agreement.
This Rental Agreement shall be governed by and construed in accordance of the laws of Poland. All disputes that may arise from the Rental Agreement will be settled by the parties through negotiations and in case of disagreement between the parties, the disputes will be settled by the competent common court in compliance with the provisions of the Code of Civil Procedure. All disputes that may arise from the present Agreement will be examined by the court having jurisdiction over the Enterprise’s seat.