General Terms and Conditions of Rental in Poland
Car Hire Poland Spółka z o. o. with its registered office in Warsaw, ul. Rodziny Hiszpańskich 1, 02-685 Warsaw, with NIP (Tax Identification Number) 5862307101, share capital PLN 20,800, registered under KRS number 0000621021 in the Register of Entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division of the National Court Register, REGON number: 364593653, licensee of Enterprise Rent-A-Car in Poland, hereinafter referred to as Enterprise, shall rent to the Renter, whose details appear on the rental agreement, the vehicle specified in the provisions of the rental agreement on the terms and conditions set out in the rental agreement and these General Terms and Conditions of Rental in Poland, which the Renter accepts and undertakes to observe.
The rented vehicle shall be delivered to the Renter with a full tank, clean, technically efficient and usable, having complete equipment, current technical inspections, and insured at least in the scope of civil liability insurance.
Definitions and General principles
"The renter": the natural person who rents a vehicle from Enterprise, signed the rental agreement (concludes the rental agreement) and who is entitled to drive the vehicle.
“Enterprise” - an independent operator of the Enterprise Rent-A-Car, National Car Rental and Alamo Rent A Car brands and member of BOVAG that concludes the rental agreement as the lender.
"Vehicle": the car that lender is renting to the hirer for the agreed duration of the Rental agreement and will include all parts and accessories fitted to it at the commencement of the rental.
"Damage": any damage occurring to the vehicle and any damage occurring to third party property where applicable.
1. Fees
1.1. Rental Fees
The Renter agrees to pay rent and all charges set out on the first page of the rental agreement and in these General Terms and Conditions of Rental in Poland. The amount of the fee for renting a vehicle shall be determined at the moment of rental commencement and depends on the price rate applied as well as individual terms and conditions of co-operation, established under separately concluded co-operation contracts, agreements, etc., binding the Parties at the moment of concluding the Rental Agreement. Enterprise’s consent to shorten or extend the original rental period may be subject to the necessity of recalculating the rental fee rate.
For bookings of 28 days or more, the contract includes a mileage limit of 3,000 km for each 28 days. This limit is proportionally adjusted to the number of rental days. Details of the charge for exceeding this limit can be found in Annex 2.
Prior to the commencement of the rental, Enterprise will pre-authorise on a payment card issued to the Renter an amount covering the anticipated rental cost, the non-waivable excess or damage deposit, the deposit for missing fuel, and the administrative fee. This pre-authorisation must remain valid for the entire duration of the rental. Should it expire before the end of the rental period, Enterprise reserves the right to renew the pre-authorisation. The excess amount or damage deposit must be secured on a credit card, which must be presented in physical form and be valid for at least one month beyond the rental end date.
The Renter agrees that additional charges may be made without the physical use of the credit card for obligations arising during the term of the rental agreement and also after its termination for additional costs not covered by the rental fee, related to:
a) consumed fuel – in accordance with Annex 2,
b) the administrative fee described in Item 1.2,
c) the excess mileage charge as set out in Annex 2,
d) non-waivable excess charge (NWE) in the event of loss or damage of a vehicle covered by the CDW/TP Package up to the amount of the NWE indicated in the agreement,
e) repair of a damaged vehicle not covered by the CDW/TP Package – up to the value of the damage.
The account of the payment card presented shall be debited with the total rental cost (completion of pre-authorisation) at the end of the rental period, unless the Renter presents another form of payment.
The prices and fees shall be given in EUR converted into PLN according to the average exchange rate announced by the National Bank of Poland on the day preceding the commencement of the rental. In the event of payment with a credit card, Enterprise shall debit the card account in PLN unless the Renter chooses a different transaction currency for the payment.
In the event of delayed payment, statutory interest shall be charged in accordance with applicable law.
The Parties, in a separate agreement regulating the terms and conditions of co-operation, may stipulate mutual settlement rules other than those in Items 1.1-1.4.
1.2. Administrative Fee
In the event of unpaid parking fees, fines or other violations of the Highway Code, Code of Petty Offences, and other laws, regulations, or orders in force at the time of the violation and arising as a result of an act or omission of the Renter during the rental period, the Renter shall be charged an administrative fee in accordance with Annex 3.
This fee is related to providing information about the offender to the relevant authorities (e.g., the Police, the Road Transport Inspectorate, municipal authorities, or foreign authorities) or to undertaking actions required by these authorities, such as making payment on behalf of the offender. The fee shall not be charged if Enterprise is responsible for the event resulting in the fee, fine, etc.
If authorities demand immediate payment on behalf of the offender, Enterprise may, if legally permissible, make payment to the account of the relevant authority and subsequently charge the Renter with the amount indicated in the fine.
In the case of a multi-driver package being purchased, the Renter indicated in the rental agreement shall be reported to the relevant authorities and charged with the administrative fee.
1.3. Additional Fees
The Renter may, for a fee, use additional equipment or services in accordance with Annex 3 to the General Terms and Conditions of Rental in Poland.
1.4. Safely on the Road
Enterprise concluded a group accident insurance agreement with AWP P&C S.A., headquartered in France, concluding business in Poland through AWP P&C S.A. Branch in Poland, based in Warsaw, KRS 0000189340, NIP: 1070000164, share capital of the parent company EUR 18,510,562.50, pursuant to which a person who rents a car at Enterprise has the opportunity to join the aforementioned group accident insurance ("NNW") under the "Safely on the Road" package.
The condition for joining the "Safely on the Road" package is submission of a Declaration of joining the group accident insurance, acceptance of other documents regarding the insurance terms and conditions, and payment by the Renter of the insurance premium for the entire insurance period in advance. The Renter may join the group NNW insurance at any time during the rental agreement. The Renter may, at his/her own choice, take advantage of the "Safely on the Road" package alone, or take advantage of the combined packages CDW/SCDW/TP + "Safely on the Road" or SCDW/TP+ "Safely on the Road", under which it is also possible to join the above group NNW insurance. If the CDW/SCDW/TP+ "Safely on the Road" or SCDW/TP+ "Safely on the Road" package is used, the insurance premium will be included in the price of these packages.
The person insured under the "Safely on the road" package is the person authorized under the rental agreement to drive the rented vehicle. If, according to the rental agreement, more than one user is authorized to drive, the insured person is only the person who submitted the Declaration to join the group insurance.
The sum insured, depending on the type of the insured event, is PLN 300,000 and is the upper limit of liability for all insured events during the insurance coverage period.
2. Vehicle Rental and Return
2.1. Rental Period
The rental period shall be specified in the rental agreement. The period shall be calculated on a 24-hour basis and begin at the time the vehicle is made available to the Renter. The rental agreement may be made for a maximum period of 30 days.
Extension of the rental period shall require the consent of Enterprise. The consent may be given in writing or in a document form (e-mail).
Extension of the rental period by more than 59 minutes with Enterprise's consent will result in a charge for at least the next 24 hours according to the price list valid at the time of conclusion of the agreement. In the case of an arbitrary extension of the rental period by more than 59 minutes without Enterprise's consent, the Safe on the Road Package purchased for the Rental Period shall cease to apply. In such case, Enterprise shall be entitled to charge a fee as specified in Annex 1.
The Renter may shorten the rental period indicated in the rental agreement; however, in such case, Enterprise reserves the right to recalculate the rental rates taking into account the shortened rental period. Enterprise may terminate the rental agreement with immediate effect by sending a relevant declaration of termination in writing or in document form, including to the email address or telephone number provided by the Renter, and requesting immediate return of the vehicle, if:
a) the Renter uses the vehicle in a manner contrary to the rental agreement, including these General Terms and Conditions of Rental in Poland, or to the intended use of the vehicle;
b) the Renter neglects the vehicle to such extent that it is exposed to damage, loss or decrease in value;
c) the Renter makes the vehicle available to third parties without the required consent of Enterprise;
d) the Renter makes the vehicle available to persons who do not meet the conditions set by Enterprise regarding the minimum age of the driver for a particular group of cars;
e) the Renter provided false data while entering into the rental agreement or using the vehicle;
f) the circumstances provide a reasonable suspicion that the vehicle has been stolen or misappropriated in connection with the conclusion of the rental agreement;
g) the Renter fails to make the required payment within the specified time limit or fails to ensure sufficient funds on the credit card to cover the deposit.
If the Renter fails to return the vehicle within the time limit specified in the notice, Enterprise may collect the vehicle at the Renter's expense.
2.2. Vehicle Return
The Renter shall be obliged to return the vehicle at the Enterprise location during its opening hours or at another place and time specified in the rental agreement. If the Renter returns the vehicle to a different location without prior notice and without obtaining Enterprise’s consent, an additional fee will be charged according to Annex 1. If, during the term of the rental, the Renter wishes to change the place of return, they must notify Enterprise no later than 24 hours before the return and obtain Enterprise's consent. The return of the car at another Enterprise Branch in Poland may be subject to a charge.
A one-way fee will be charged for returning the vehicle to a location other than the point at which it was hired. Domestic and international one-way fares are available for selected locations and must be booked in advance or approved at the time of hire. The amount of the one-way fare varies depending on the car category, location and pick-up date. The exact amount of the one-way fee will be displayed during the booking process when entering dates, desired route and car category.
The vehicle must be returned with all documents, equipment, the key/card, and the parking entry ticket. The Renter may only return the rented vehicle to an employee bearing an ID badge with the Enterprise logo. It is also acceptable to return the set of documents along with the key/card to a KEY BOX located at the Enterprise office.
The rented car is delivered to the Renter with a full tank of fuel. Prior to return, the Renter is obliged to top up the fuel to the level at the time of delivery with the appropriate type of fuel for the car, unless the Renter purchases the prepaid fuel option. Prepaid fuel tank/half tank - allows the Renter to pay for fuel at the time of signing the contract and return the car with an empty tank/half tank, the Renter will not be refunded for fuel that has not been used. In the event of not selecting the prepayment option, if the car is returned with an incomplete tank, the Renter will be charged for the fuel used (including the cost of the missing fuel and the cost of the refuelling service) at the rate specified in Attachment No. 2.
In the event of refuelling with the wrong type of fuel, which is incompatible with the rules of proper use of the car, the Renter will be charged with the cost of the service and refuelling of the vehicle specified in Annex 2.
In case of refueling with the wrong type of fuel, which constitutes improper use of the vehicle, the Renter shall be charged for the full value of the repair based on the expert opinion of an authorized repair service, as well as for the costs related to vehicle downtime and refueling services described in Annex 1.
An integral part of the rental agreement shall be the "Check-out Protocol", "Return Protocol" forms and General Terms and Conditions, which shall bear the signatures of the Renter (or their representative) and the Enterprise representative at the time of vehicle pick-up and return. Any damage to the vehicle (except for hidden defects impossible to detect at the time of pick-up or return) and any comments from the Renter regarding the visible condition of the vehicle must be recorded by the Enterprise representative in the "Check-out Protocol" and "Return Protocol" forms and accepted by the Renter—the Renter is obliged to confirm the vehicle’s condition by signing the Protocol.
If the Renter refuses to participate in the vehicle handover or refuses to sign the "Return Protocol," or is absent from the agreed place and time of vehicle return, Enterprise may perform a unilateral acceptance of the vehicle by signing the "Return Protocol" and stating, as far as possible, the reasons for the absence of the Renter’s signature.
If the vehicle's level of cleanliness makes verification of its condition impossible, an annotation will be made in the Return Protocol indicating that the vehicle will be inspected after cleaning. In such a case, Enterprise will re-inspect the vehicle after washing and inform the Renter in case new damages are found.
2.3. Extension Fee
The Renter must send an email notification of their intention to extend the rental no later than 12 hours before the end of the current rental period. Upon obtaining Enterprise's consent, the Renter shall be charged for the rental according to the price list valid at the time of concluding the agreement or recalculated based on the current prices on the date of the extension. If it is not possible to charge the Renter’s card with the fee for the extended rental period, the rental will not be extended, and Enterprise will immediately inform the Renter of this fact.
If the Renter fails to return the vehicle after the agreed rental period without prior notification to Enterprise of the intention to extend the rental and without obtaining Enterprise’s consent, the Renter shall be charged in accordance with Annex 1 for each day of unauthorised and unilateral use of the vehicle beyond the agreed period. In the case of a rental agreement concluded with a consumer or a natural person entering into an agreement directly related to their business activity, but where the agreement does not have a professional nature (in particular, based on the business activity performed), the daily fee for each day of unauthorised use shall amount to 100% of the daily rental rate contracted in the agreement.
2.4. Vehicle Return Outside Office Hours
If the Renter returns the vehicle outside of Enterprise's business hours, then the Renter shall be responsible for any damage to the vehicle caused by the Renter's fault until the vehicle has been inspected by an Enterprise representative on the following business day.
The Renter must leave the rented vehicle in the car park designated by Enterprise. If the rental location is equipped with a so-called KEY BOX, then the Renter must leave the key/card, the car documents (if provided to the Renter), and the parking ticket (if applicable) in the KEY BOX. Leaving the key/card and documents in the KEY BOX outside office hours shall not terminate the rental agreement. The Renter's responsibility for the vehicle shall expire when the documents and the vehicle key/card are taken from the KEY BOX and the vehicle is checked by an Enterprise employee after opening the office on the next working day, which shall be tantamount to the end of the rental agreement. In case the parking ticket is not left with the vehicle, the Renter may be charged for the loss of the ticket in accordance with Annex 1.
The return or pick up of the vehicle outside office hours in the presence of an Enterprise representative shall be subject to a fee in accordance with Annex 3.
3. Terms of Vehicle Use
3.1. Renter’s Responsibility
By signing the rental agreement, the Renter acknowledges that they shall be responsible as a driver for any traffic offences committed during the use of the rented vehicle and for any fines or penalties that may be imposed in connection with traffic offences or any other infringements of laws, ordinances, regulations, or orders until the vehicle is returned, unless this is due to reasons attributable to Enterprise.
The Renter shall be liable for their own acts and omissions as well as for the acts and omissions of persons named in the rental agreement as authorised drivers, and of persons to whom the vehicle was made available during the rental period without Enterprise's consent, under the same conditions as for their own actions or omissions.
Enterprise shall, in accordance with applicable laws, provide the Renter’s personal data to the Police or other authorised entities, with due regard to personal data protection regulations.
3.2. Renter’s Duties
During the use of the vehicle, the Renter is obliged to routinely check the dashboard indicators, the pressure and condition of the tyres, the functionality of the vehicle’s signal lights, and to check and top up the levels of washer fluid, oil, coolant, and other operating fluids, including AdBlue solutions if applicable.In the event of any irregularities in the operation of any elements, the Renter must immediately stop the vehicle and contact the nearest Enterprise location.
When parking the vehicle, even for a short period, the Renter must always use all security devices fitted in the vehicle.
Leaving the vehicle’s documents and/or key in the vehicle or in a publicly accessible place, which may result in theft, is prohibited and shall result in the exclusion of coverage under any package limiting or excluding liability for theft.
Enterprise shall be entitled to claim supplementary compensation on general terms if the amount of damage suffered exceeds the amount of the contractual penalty reserved for this reason.
3.3. Vehicle Breakdown and Repair
The Renter is obliged to immediately inform Enterprise by phone (at the helpline number indicated in the rental agreement) or by email (at customerservice@ehiglobal.pl) of any vehicle breakdown resulting in its inability to drive.
If the vehicle described in the rental agreement becomes inoperable for any reason, Enterprise has the right to replace it with an alternative vehicle of similar standard. If no alternative vehicle is available or cannot be delivered, the Renter shall be entitled to a refund for the unused portion of the rental period.
The Renter may not allow any repairs to be performed on the vehicle without Enterprise's prior consent. If Enterprise gives its consent, the Renter will be reimbursed for the repair costs upon presenting a receipt containing Enterprise’s VAT number or a VAT invoice issued to Enterprise (Car Hire Poland Spółka z o.o., Tax number 5862307101) for the performed service.
3.4. Vehicle Inspection
The Renter is obliged to immediately notify Enterprise of the need to have the vehicle inspected. The Renter is required to bring the vehicle to the service point indicated by Enterprise for a periodic inspection, based on the odometer reading or the date specified in the Handover Protocol accepted at the time of rental, as well as according to the vehicle’s on-board computer readings, which determine the permissible limit resulting from the vehicle manufacturer’s requirements. The place and time for the inspection shall be indicated by Enterprise.
If the vehicle is presented for inspection with an odometer reading exceeding the limit specified in the Handover Protocol, after the date specified in the Handover Protocol, after the permissible limit set by the vehicle’s on-board computer has been exceeded, or if the vehicle is not presented for inspection at all, the Renter shall be charged a contractual penalty in accordance with Annex 1.
If the Renter fails to appear on the indicated date, or appears after exceeding the kilometre limit specified in the Handover Protocol, after the indicated date, or after exceeding the vehicle’s on-board computer readings, resulting in the loss of the vehicle manufacturer's warranty, the Renter shall be charged a contractual penalty described in Annex 1, unless the above occurs due to force majeure.
4. Third Party Liability
The Renter shall be exempt from liability if damage to the vehicle occurs as a result of a road traffic incident caused solely by the fault of a third party. In such a situation, it is necessary to call the Police to the scene, immediately notify Enterprise, and indicate the location of the incident. The Renter is obliged to provide a police report and, if prepared, a statement from the third party at fault, and to cooperate with Enterprise and the insurer during the damage adjustment process.
In the event of culpable failure by the Renter to comply with the necessary formalities and failure to call the Police, the Renter shall be liable on general terms for the full amount of the damage suffered by Enterprise — irrespective of whether the Renter has selected a package limiting or excluding liability.
4.1. Restrictions on the Use of the Vehicle
The rented vehicle may not be used:
a) by a person other than the Renter if such person has not previously been accepted by Enterprise through an entry in the space provided for this purpose on the first page of the rental agreement. Such person must have held a valid driving licence, or an international driving licence if required under international law, for at least one year and meet the minimum age requirements of Enterprise for the group of vehicles in question (21 years of age, or 25 years of age for premium vehicles),
b) if the Renter or any other driver of the vehicle is under the influence of alcohol, hallucinogenic drugs, narcotics, or other substances impairing their consciousness and ability to react,
c) in breach of customs, road traffic, or other regulations in force on the territory of Poland or any country where the vehicle is used by the Renter, including transit countries,
d) outside the borders of Poland without each time obtaining Enterprise's prior written consent,
e) Entry into the following countries is strictly prohibited: Albania, Belarus, Bosnia and Herzegovina, Montenegro, Macedonia, Kosovo, Moldova, Russia, Serbia, Turkey, Ukraine, as well as countries located outside the European continent.
f) in races, rallies, or sporting events,
g) for driving lessons, for the commercial transport of persons or goods, including occasional transport or as a taxi, without Enterprise's prior consent,
h) by third parties based on a sublease or free lending agreement without Enterprise’s prior consent,
i) for starting or towing other vehicles, trailers, or other objects,
j) for the transport of flammable, dangerous, toxic, corrosive, radioactive, or otherwise harmful substances,
k) for the carriage of goods exceeding the permitted load,
l) for the carriage of items which, due to their smell or properties, may cause damage to the vehicle and expose Enterprise to additional costs due to vehicle downtime,
m) for the transport of live animals (with the exception of pets, subject to prior written consent of Enterprise and proper protection of the vehicle against damage and dirt),
n) when the fitted roof rack and similar equipment have not been supplied by Enterprise,
o) for wrapping or applying any materials to the vehicle without Enterprise's prior consent,
p) for driving on unpaved roads or roads whose surface or condition may cause damage to the car’s suspension, wheels, or tyres.
In the event of a breach of any of the above prohibitions, the Renter shall be charged a contractual penalty as specified in Annex 1.
4.2. Driving the vehicle outside the Republic of Poland
In the case of travelling outside the Republic of Poland, the Renter is obliged to notify Enterprise of the planned departure and obtain its consent. The notification must be made by sending an email to: customerservice@ehiglobal.pl. The notification must include information about the countries to which the Renter is travelling or through which they will be passing, and the period during which the travel will take place. The Renter is obliged to inform Enterprise about the planned departure at the time of signing the rental agreement or at least 72 hours in advance in the case of countries outside the Schengen zone.
Consent to travel outside the Republic of Poland will be issued and sent to the email address indicated by the Renter.
In case of travel outside the Republic of Poland without notifying Enterprise, the Renter shall be charged a contractual penalty as specified in Annex 1.
The Renter, when travelling outside Poland, must comply with the applicable laws of the country in which the vehicle is being used. This includes, in particular, the obligation to equip the vehicle with required equipment if it is not provided as standard, and to bear any applicable charges in the given country (e.g., motorway tolls, tunnel fees, vignettes).
5. Damage, Loss, Theft, Maintenance, Inspections, Repairs
5.1. Damage, Loss, Theft
In the case of damage to, destruction, or theft of the vehicle, the Renter shall be obliged to immediately (i.e. within 12 hours of the incident or the Renter being informed about the incident at the latest, unless it is impossible for objective reasons) notify Enterprise of this fact and call the Police. Informing Enterprise of damage, destruction, or theft of the vehicle shall occur by telephone (hotline number indicated in the rental agreement), or by email (email address, customerservice@ehiglobal.pl). The Renter shall be obliged to provide Enterprise—within 24 hours of the incident or of the Renter becoming aware of the incident—with the following documents and items:
a) a correctly filled in damage notification form provided by Enterprise, describing the true circumstances of the incident;
b) a statement of the personal details of the person who was actually driving the vehicle, together with a declaration that the person is licensed to drive;
c) keys or card and vehicle documents;
d) a statement from the perpetrator of the damage, if one was drawn up, including at least the details of the perpetrator, their insurer with policy number, place and date of the incident, and details of the perpetrator's vehicle (registration number, make, and model of the vehicle), or a police report from the scene if one was created.
The Renter is exempt from liability if the damage to the vehicle occurred as a result of a road traffic incident through the sole fault of a third party. In such a case, it is necessary to call the Police to the scene, immediately notify Enterprise, and specify the place of the incident. The Renter is obliged to cooperate with Enterprise and the insurer in the loss adjustment process.
If, for objective reasons, the Renter is unable to deliver documents and items within the time limit specified hereinabove, this period (24 hours) shall be counted from the moment the objective reasons cease to exist.
If the Renter fails to fulfill any of the obligations stipulated hereinabove (points a)–d)), the Renter shall be obliged to pay Enterprise a contractual penalty in the amount specified in Annex 1.
Enterprise shall use its best endeavours to replace or repair the rented vehicle. When replacing the vehicle, appropriate changes must be made to the rental agreement, accepted by both parties to the agreement. Within the limits prescribed by law, Enterprise's liability for damage, including lost profits, caused by the need to repair or replace the vehicle for the Renter, resulting in particular from the duration of such repair or replacement and the impossibility of substituting a vehicle of the same class, shall be excluded.
In the event of damage resulting in the vehicle being taken out of service or the theft of the vehicle, Enterprise shall use its best endeavours to provide the Renter with another vehicle under the same rental agreement within 24 hours. The Renter shall not be entitled to a replacement vehicle if the damage resulted from gross negligence on the part of the Renter.
5.2. Packages Limiting or Excluding Liability and Additional Fees
If the Renter accepts the terms of the CDW/TP (Collision Damage Waiver & Theft Protection) liability limitation Package in the rental agreement, the Renter's liability in the event of any damage, theft, or loss of the vehicle or any part thereof may be limited to the actual damage, up to a maximum of the non-waivable excess charge shown in the rental agreement, provided that the Renter has not breached the rental conditions set out in this agreement. The limitation of liability under the non-waivable excess charge shall apply to a single damage event. Thus, a separate non-waivable excess charge may be applied to each damage event. The cost of repairs will be determined based on a cost estimate prepared in accordance with the manufacturer's repair technology and current hourly labor rates and prices for original parts sold under the manufacturer’s brand (OE).
By accepting the CDW/TP on the first page of the rental agreement, the Renter undertakes to pay according to the current price list. If the Renter does not purchase the CDW/TP Package, Enterprise shall have the right to refuse to enter into the vehicle rental agreement. The fee for the limitation of liability under the CDW/TP Package may be included in the agreed rental rate.
If the Renter waives the fee for the CDW/TP Protection, then, in the event of any damage to the rented vehicle or its parts and in the event of theft, the Renter shall be liable up to the full value of the rented vehicle.
The limitation of liability in connection with the purchase of the CDW/TP Package shall not apply in the event of:
a) driving the vehicle without Enterprise authorization,
b) fleeing from the scene of an accident,
c) making a false statement as to the place, time, circumstances, and causes of the damage,
d) driving the vehicle under the influence of alcohol, drugs, hallucinogenic drugs, or other illegal substances, or other substances which impair the driver's consciousness or ability to react,
e) contrary to point 4.1.
Activation of the CDW/TP Package is necessary to benefit from the following Packages limiting or excluding liability.
The Renter's liability optionally may be waived on condition that the Renter accepts, for the additional fee indicated on the first page of the rental agreement, one of the following Packages limiting or excluding liability:
a) SCDW (Super Collision Damage Waiver), which exempts the Renter from financial liability for damage to the vehicle, excluding damage inside the vehicle, damage to the windows, tyres, and/or rims, excluding burning and theft,
b) TWP (Tires and Windshield Protection), which exempts the Renter from financial liability for damage to the windshield, tyres, and/or rims,
c) TP+ (Theft Protection Plus), which exempts the Renter from financial liability for theft, damage to the windshield, tyres, and/or rims. TP+ Package can only be purchased if SCDW is purchased,
d) SCDW+ (Super Collision Damage Waiver Plus), which exempts the Renter from financial liability for damage to the vehicle, excluding damage inside the vehicle, burning, and theft,
e) SCDW/TP+ (Super Collision Damage Waiver/Theft Protection Plus), which exempts the Renter from financial liability for theft and damage to the vehicle, excluding damage inside the vehicle and burning,
f) SCDW/TP+ "Safely on the Road", a package consisting of two elements: (i) the SCDW/TP+ package, which releases the Renter from financial liability for theft and damage to the car, excluding damage inside the vehicle and its burning, and (ii) joining the group accident insurance contract as part of the "Safely on the Road" package on the terms set out in point 1.5 above. The insurance premium will be included in the price of the entire package.
g) CDW/SCDW/TP+ (Collision Damage Waiver/Super Collision Damage Waiver/Theft Protection Plus), which releases the Renter from financial liability for theft and damage to the car, excluding damage inside the vehicle and its burning, without the need to separately purchase the CDW/TP Package,
h) CDW/SCDW/TP+ "Safely on the Road", a package consisting of two elements: (i) the CDW/SCDW/TP+ package, which releases the Renter from financial liability for theft and damage to the car, excluding damage inside the vehicle and its burning, without the need to purchase the CDW/TP Package separately, and (ii) joining the group accident insurance contract as part of the "Safely on the Road" package on the terms set out in point 1.5 above. The premium per 1 day for 1 Insured is - PLN 30. The insurance premium will be included in the price of the entire package.
If, however, the damage is caused by recklessness or gross negligence on the part of the Renter in breach of these General Terms and Conditions of Rental in Poland, the protection resulting from the purchase of additional Packages shall not apply, and the Renter shall be liable to the full extent under the general rules of law. In addition, the Renter shall be charged with the costs of vehicle downtime, parking, and possible transportation.
In the event of the Renter losing the car documents, the Renter will be charged a contractual penalty connected with the necessity of making new documents in the amount indicated in Annex. 1. In the event of the Renter losing the car licence plate(s), the Renter will be charged a contractual penalty connected with the necessity of making new plates. If the Renter loses the key to the car, Enterprise shall be entitled to charge the Renter for making new keys, in accordance with Attachment No. 2. If the Renter takes the key with him/her together with the documents, he/she shall be charged with the costs of car stoppage, parking, possible travel and delivery of the key to the Enterprise office. The Renter's liability is excluded if it is shown that the incident occurred for reasons not attributable to the fault of the Renter. In such cases, the Renter is obliged to notify Enterprise of the incident in each case and to report the theft or other incident to the police, obtaining appropriate confirmation of the report.
6. Personal Data
6.1. Personal Data Controller
The controller of personal data of the Renter and persons indicated by the Renter in the Rental Agreement or during its execution (e.g. employees of the Renter) is Car Hire Poland sp. z o.o. with its registered seat in Warszawa (02-685), ul. Rodziny Hiszpańskich 1, ("Controller" or "Car Hire").
To the extent indicated in this notice, separate independent data controllers are furthermore:
a) Enterprise Rent-A-Car-UK Limited,
b) Enterprise Holdings, Inc. and/or
c) other partners within the Enterprise Mobility group (details available at )
- collectively referred to as “EM”.
The Controller shall ensure that personal data is processed within the Controller's organisation in a manner that complies with the provisions of 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 ("GDPR"), as well as other relevant national data protection legislation, and taking into account the guidelines of authorised bodies.
6.2. How to Contact the Controller?
Car Hire has appointed a Data Protection Officer ("DPO") who can be contacted via the email address: iodo@ehiglobal.pl. The DPO can be contacted on all matters concerning the processing of personal data and the exercise of rights in relation to data processing.
If you have any questions about the processing of your Personal Data, you should contact Car Hire in the first instance.
6.3. Purposes of Personal Data Processing
Personal data (hereinafter referred to as "Client Personal Data") of the Renter being a natural person ("Client") and persons employed by the Renter (hereinafter referred to as "Authorised Drivers") who enter into individual, detailed rental agreements with Car Hire ("Rental Agreement") will be processed (and, as the case may be, disclosed to recipients) for the purposes of:
a) administering and servicing the Rental Agreement, including communicating with the Client on matters relating to the rental. Car Hire processes the Client's Personal Data for the above purposes where it is justified by either (i) the performance of the agreement (e.g. payment) or (ii) its legitimate interest in the efficient delivery of the services, unless the Client's or Authorised Driver's data protection rights override this interest;
b) verifying personal data, including payment and billing information and driving privileges (including Client Personal Data), provided by the Client or Authorised Driver, through credit institutions, authorities competent for the granting of driving privileges or the registration of vehicles, databases or entities specialising in anti-fraud activities, as well as through other sources. Car Hire processes Client Personal Data for the above purposes where it is motivated by Car Hire's legitimate interest in preventing fraud, unless the Client's or Authorised Driver's data protection rights override this interest;
c) providing insurers with details (including Client Personal Data) of accidents involving the Client or Authorised Driver - in order to pursue its legitimate interests in the establishment, exercise or defence of claims;
d) transferring of Clients' Personal Data to competent authorities responsible for supervising the observance of traffic regulations during the Rental Agreement – the legal basis for data processing in this scope is the fulfilment of obligations resulting from legal regulations;
e) transferring of Client's Personal Data to relevant tax authorities, credit institutions, debt collection specialists or other relevant entities, insofar as necessary for (i) the performance of the Agreement, (ii) compliance with the law (e.g. tax and accounting law) and/or (ii) Car Hire's legitimate interest in the recovery of possible debts;
f) directing marketing information to the Client (electronically, by telephone or sms/mms) about similar products or services which the Controller deems potentially interesting for the Client if this is motivated by the Controller's legitimate interest and, where applicable, after obtaining the Client's consent in this respect. Such consent may be withdrawn at any time. Withdrawal of the consent shall not affect the lawfulness of processing performed upon consent before its withdrawal.
g) monitoring of vehicles in order to effectively manage the fleet and to ensure the security of Car Hire's property, which is a legitimate interest of the Controller within the meaning of Article 6(1)(f) of the GDPR.
h) to enable the Customer to benefit from the insurance coverage offered under the Group Insurance Agreement concluded between the Controller and Nationale-Nederlanden Towarzystwo Ubezpieczeń S.A. with its registered office in Warsaw, to handle the Group Insurance Agreement in connection with the Customer's accession to the insurance, to settle the insurance premium under this Agreement, and to exercise and defend claims, if any, which constitutes a legitimate interest of the Controller consisting in the fulfilment of the Controller's obligations as the policyholder under the Group Insurance Agreement, as well as in the defense of the Controller's economic interests.
i) conducting surveys to measure the satisfaction of Customers and Authorized Drivers, for analytical and statistical purposes and to exercise and defend claims, if any, which constitutes the legitimate interest of the Controller consisting, respectively, consisting in the possibility of improving the quality of services provided by the Controller, conducting analyses and statistics on satisfaction surveys conducted by the Controller as well as in the defense of the Controller's economic interests.
Car Hire will share Client Personal Data with Enterprise Rent-A-Car-UK Limited as a separate and independent controller which in turn may share such data with other EHI entities as the case may be, for the following purposes::
a) for the purpose of administering and servicing the Rental Agreement, including communicating with the Client on matters relating to the rental, where this is motivated by Car Hire's legitimate interest in the efficient provision of services, unless the Client's or Authorised Driver's data protection rights override this interest;
b) storing Client Personal Data relating to an event that relates to the Client's or Authorised Driver's relationship with EHI if it is deemed to create a risk for future Rental Agreements with the Client or Authorised Driver. EHI processes Client Personal Data for the above purpose if it is motivated by EHI's legitimate interest in protecting its employees, other clients, the general public and EHI's assets from safety risks or financial risks justified by the Client's past behaviour, unless the Client's or Authorised Driver's data protection rights override this interest;
c) processing of Client Personal Data for the purpose of customer satisfaction surveys via telephone, text or e-mail to measure customer satisfaction. EHI processes Client Personal Data for the above purposes where it is motivated by EHI's legitimate interest in ensuring customer satisfaction when using EHI's services, unless the Client's or Authorised Driver's data protection rights override this interest;
d) creating statistics and analyses regarding the Client's or Authorized Driver's use of EHI's products and services, including statistics created from anonymized data that ensure better customer service, products, features and functionality for the Client and other clients in the future. EHI processes Client Personal Data for the above purposes where it is motivated by EHI's legitimate interest in obtaining statistical data about the use of EHI's services, unless the Client's or Authorised Driver's data protection rights override this interest.
In the case of accession to insurance on the basis of the Group Insurance Agreement concluded between the Controller and Nationale-Nederlanden Towarzystwo Ubezpieczeń S.A. with its registered office in Warsaw , your personal data, including a first name, surname, PESEL number or date of birth, residence address, e-mail address, telephone number, information provided by you about beneficiaries, period of insurance coverage, insurance agreement ID, insurance option selected and information on the settlement of insurance premiums, will be disclosed by the Controller to Nationale-Nederlanden Towarzystwo Ubezpieczeń S.A. with its registered office in Warsaw . The above data will be disclosed in order to perform the Group Insurance Agreement – the legal basis for the processing is the legitimate interest of the Controller (Article 6(1)(f) of the GDPR), which consists in enabling you to obtain insurance coverage under the Group Insurance Agreement, handling the Group Insurance Agreement in connection with the fulfilment of the Controller's duties as the policyholder and settling the insurance premium.
6.4. Personal Data of the Client's Representatives and Persons Employed by the Client
The Controller processes personal data of representatives acting for and on behalf of the Client, as well as personal data of persons employed by the Client indicated by the Client in the Rental Agreement, for the purpose of executing the Agreement.
Personal data will be processed in order to duly and efficiently perform the Rental Agreement – the legal basis for processing is the legitimate interest of the Controller (Article 6(1)(f) GDPR), consisting in the possibility of duly performing the Agreement and ensuring ongoing contact with the Client.
Otherwise, the information contained in this notice shall apply mutatis mutandis to the Client's representatives and to persons employed by the Client.
6.5. Recipients of Personal Data
The recipients of the processed personal data may be, in particular, the following types of entities: entities providing services to the Controller related to the need to perform the Agreement concluded with the Renter; entities belonging to the Enterprise Holdings Group (the full list of entities belonging to the Enterprise Holdings Group can be found at: ), entities belonging to the Controller's capital group, in particular 99rent Sp. z o.o. with its registered office in Warsaw; IT system and service providers, including maintenance and repair services providers; entities providing advisory, consulting, audit, financial, accounting services; entities providing postal and courier services, as well as transport services; entities providing banking services; entities providing legal and debt recovery services; entities providing archiving and document destruction services; entities providing property protection services, entities providing vehicle monitoring tools.
6.6. Period of Personal Data Processing
Personal Data (including Personal Data of the Client and Authorized Drivers), will be processed by Car Hire for the period of time necessary for the performance of the rental agreement, until the withdrawal of the consent given or an effective objection to the processing of the data in cases where the legal basis for the processing is the legitimate interest of Car Hire as Data Controller. The processing period may be extended each time by the period of the statute of limitations for claims, if the processing of personal data is necessary for the assertion of possible claims or defense against such claims by Car Hire as Data Controller. After this period, data will be processed only to the extent and for the duration required by law, including accounting regulations.
6.7. Transfer of Personal Data to Third Countries
In the case of transfers of personal data outside the European Economic Area, such transfers shall be based on European Commission’s decision on adequacy level, standard contractual clauses approved by the European Commission or another mechanism set out in Chapter V of the GDPR. The Client or Authorized Driver personal data is transferred by the Controller to an independent and separate controller - Enterprise Rent-A-Car-UK Limited in United Kingdom, for the purposes set out in section 6.3.2. above. This transfer is carried out on the basis of European Commission’s decision confirming an adequate level of data protection for the United Kingdom, which is available here: https://commission.europa.eu/system/files/2021-06/decision_on_the_adequate_protection_of_personal_data_by_the_united_kingdom_-_general_data_protection_regulation_en.pdf.
For more information regarding the compliance of EHI's transfer of data, and in cases where the Client has concerns regarding the privacy or use of data by EHI that, in the Client's opinion, have been inadequately addressed by EHI, please refer to EHI's Privacy Policy (https://www.enterprise.co.uk/en/privacy-policy.html) for information on the third party appointed to resolve disputes. .
6.8. Rights of Natural Persons
The Client or Authorised Driver has the right to:
a) access and transfer his/her personal data (in cases provided for by the law, in a commonly used computer-readable format);
b) request the rectification of his/her personal data (when it is inaccurate or incomplete);
c) request the deletion of his/her data where Car Hire or EHI has lost the legitimate interest in processing it;
d) request the restriction of processing his/her personal data;
e) in exceptional cases, to object to the processing of his/her personal data by Car Hire or EHI;
f) withdrawal of consent - to the extent that personal data is processed on the basis of consent; consent may be withdrawn by contacting Car Hire, e.g. at the address indicated in Section 6.1 above. Withdrawal of consent does not affect the lawfulness of processing that was carried out on the basis of consent before its withdrawal
g) lodge a complaint with the supervisory authority competent in matters relating to the protection of personal data.
6.9. Origin of Personal Data
The Renter may provide personal data to the Controller directly or through booking system providers or brokers (including online system operators) who cooperate with the Controller and who provide the Controller with personal data to the extent necessary to process the request and conclude the Rental Agreement (i.e. in particular: name, surname, booking number, e-mail address, telephone number, booking details).
6.10. Information About the Voluntary or Obligatory Nature of Personal Data Provision
Providing personal data to the extent required by the Controller is necessary for the performance of the Agreement, and failure to provide the data will make it impossible to conclude and perform the Agreement. The provision of personal information in the remaining scope is voluntary.
6.11. Vehicle Monitoring
In order to manage the fleet effectively and to ensure the safety of Car Hire's property, the vehicles may be fitted with devices to monitor the use of a particular vehicle. The information about the monitored vehicle comes from the tracking device fitted in the vehicle, which is equipped with a GPS receiver used to read the position and a GSM modem with a SIM card necessary for data transmission.
Monitoring data can be transmitted to the Controller and vehicle positions are visualised on a map of the country or the world:
a. every time the ignition status changes,
b. every 1 minute on ignition on,
c. every 30 min on ignition off,
d. if the vehicle is stopped on the ignition on for more than 10 minutes, a stop message will be generated,
additional information after exceeding the speed limit: 90km/h for trucks and 120 km/h for passenger vehicles.Persons managing the fleet on the Controller's side may in particular have access to:
e. the current location of the located vehicles,
f. the speed at which the vehicles are moving,
g. level of fuel consumption,
h. refueling,
i. time of occurrence of the event,
j. geographical position of the vehicle +/-,
k. odometer value.
6.12. Statement by the Renter
The Renter, while becoming familiar with and accepting the information on the processing of personal data through the conclusion of the Rental Agreement, simultaneously declares that the persons whose personal data have been provided by the Renter to the Controller in connection with the execution of the Rental Agreement have become familiar with the content of this information, and that the Renter will ensure that the persons whose personal data will be provided by the Renter for this purpose in the future will also become familiar with its content.
7. Liability of Enterprise
Enterprise is solely responsible for loss or damage suffered by the Renter or third parties in connection with the rented vehicle or its use when the loss or damage is caused by Enterprise's fault. In all other cases, Enterprise shall not liable.
Enterprise shall not be liable for theft, damage or loss of useful value of any items carried or left in the vehicle.
8. Liability Insurance
Enterprise shall only provide cover under third party liability insurance policy to those persons who use the vehicle with Enterprise's consent in a manner consistent with the law, the Agreement and the General Terms and Conditions.
The sums insured for personal injury shall be EUR 5,210,000 for a single insured event, regardless of the number of victims, and for damage to property shall be EUR 1,050,000 for a single insured event, regardless of the number of victims.
9. Complaints
Complaints relating to improper performance of the Agreement by Enterprise, including those relating to the statement of defects of the vehicle limiting its usefulness for the agreed use or preventing its use, may be submitted, for example, in writing to the address of Enterprise's registered office indicated in these General Terms and Conditions of Rental in Poland or in a document form via e-mail to the following address: complaints@ehiglobal.pl.
It is recommended that the following data be indicated in the complaint:
a) first and last name of the claimant,
b) reservation number and Rental Agreement number,
c) specification of the subject of the complaint, the period complained about, and the registration number of the vehicle,
d) information and circumstances relating to the subject of the complaint, in particular the type and date of the irregularity,
e) Renter's demands,
f) contact details of the claimant, to which a reply to the complaint may be submitted.
Enterprise shall examine the complaint within 14 days from the date of receiving the submitted complaint. Processing of the complaint shall be understood as receiving by the Renter a reply to the complaint before the expiry of that time limit.
If Enterprise refuses to accept the complaint or if the Renter does not agree to handling the complaint in the manner proposed by Enterprise, the Renter may refer the case to court proceedings or use out-of-court means of settling disputes and pursuing claims, in particular, he/she may refer to the district (municipal) consumer ombudsman or to a social organization whose task is to protect consumers, or submit an application for out-of-court dispute resolution to the Voivodeship Inspector of Commercial Inspection (Voivodeship Inspectorate of Commercial Inspection in Warsaw ul. Sienkiewicza 3, 00-015 Warszawa, website: http://wiih.org.pl/index.php).
Pursuant to Article 38(12) and Article 38a of the Consumer Rights Acts (consolidated text Journal of Laws of 2020, item 287, as amended) a Renter being a consumer and a Renter being a natural person concluding an agreement directly connected with their business activities, for whom, however, the Agreement is not of a professional nature resulting in particular from the type of business activity carried out, shall not be entitled to withdraw from the vehicle rental agreement or to extend the vehicle rental agreement in connection with its remote conclusion or conclusion outside the Enterprise office.
10. Jurisdiction
Rental agreements shall be governed by Polish law. Any disputes that may arise in connection with the conclusion and performance of Rental Agreement shall be resolved by the Parties by way of negotiation. If no agreement is reached, the Parties shall submit the disputes to a court competent for the registered office of Enterprise, except for cases in which the party is a consumer or a Renter who is a natural person concluding a rental agreement directly connected with their business activities, for whom, however, the Agreement is not of a professional nature resulting in particular from the type of business activity carried out – in such a cases the jurisdiction shall be determined in accordance with the applicable provisions of law.
Annex 1. Contractual Penalties
The Renter is obliged to pay the Lessor a contractual penalty for failure to perform or improper performance of the obligations arising from the Rental Agreement, including those specified in the General Terms and Conditions of Rental in Poland.
| Type of Violation | Contractual Penalty / Fee |
| Repairable tire damage | €50 |
| Missing fire extinguisher | €30 |
| Missing warning triangle | €20 |
| Missing first aid kit | €20 |
| Missing car jack | €100 |
| Missing repair kit | €100 |
| Missing vehicle registration document | €150 |
| Covering/removing Enterprise markings on a passenger vehicle | €100 |
| Covering/removing Enterprise markings on a commercial vehicle | €500 |
| Smoking tobacco/other substances in the vehicle | €200 |
| Lost parking ticket | €30 |
| Lost license plates | €500 |
| Failure to carry out inspection on time | €500 |
| Failure to carry out inspection resulting in warranty loss (passenger car) | €2000 |
| Failure to carry out inspection resulting in warranty loss (commercial vehicle) | €2500 |
| Travelling outside Poland without permission | €500 |
| Travelling to a country listed as prohibited under point 4.1.e | €2500 |
| Failure to comply with obligations under point 5.1 or violation of prohibitions under point 4.1 | €500 for each case |
| Unauthorized extension of rental | 200% of the agreed daily rental rate |
| Returning the car to a different branch without permission | €150 |
Annex 2. Fees
The Renter is obliged to pay the Renter a fee for restoring the Vehicle to the condition consistent with the Agreement prior to its starting.
| Type of Violation | Fee |
| Irreparable tire damage | Service Cost: Price of a new tire (or two, if necessary) plus €40 |
| Damage/missing interior elements | Service Cost: Equivalent of the repair estimate from an authorized service center plus €40 |
| Refueling with incorrect fuel type | Service Cost: Equivalent of the repair estimate from an authorized service center plus €1000 |
| Improper use of the vehicle | Service Cost: Equivalent of the repair estimate from an authorized service center plus €1000 |
| Losing vehicle keys | Service Cost: Equivalent of the replacement estimate from an authorized service center plus €500 |
| Upholstery cleaning required | Service Cost: Equivalent of upholstery cleaning cost plus €40 |
| Missing fuel upon return | €3,69/ liter |
| Charging an electric vehicle | Service Cost: Value of electricity charged at the station plus €25 |
| Excess mileage charge | Cost of service per kilometre driven: segments MINI, ECONOMIC, COMPACT, INTERMEDIATE, STANDARD, FULLSIZE : €0,25; VAN : €0,28; PREMIUM, LUXURY, ELITE : €0,36; |
Annex 3. Additional services
| Service | Fee |
| Administrative fee | €40 |
| GPS Navigation | €15,99/day, maximum €111,93/rental |
| Child seat | €10,39/day, maximum €77,99/rental |
| Booster seat | €6,49/day, maximum €58,51/rental |
| Additional driver | €6,40/day |
| Multiple driver package | €25/day |
| Cross border travel fee | €123/month,for bookings over one month 61.5/month |
| Vehicle delivery/pick-up within city limits | €36,9 up to 20 km + €1,845/km (one way trip) |
| Young driver (21–25 years old) | €10 /day |
| Safe on the Road Package | PLN 30/day/person |
| Full/Half prepaid fuel tank | Price of fuel on the day of rental for the full/half tank of the given vehicle |
| Return or pick up of the vehicle outside office hours in the presence of an Enterprise representative | €36,90 |