General Terms and Conditions of Rental in Poland
Car Hire Poland Spółka z o. o. with its seat in Gdynia, ul. Świętojańska 56/2, 81-393 Gdynia, with NIP (Tax Identification Number) 5862307101, share capital PLN 20.800, registered under number 0000621021 in the National Court Register in the District Court in Gdańsk, with REGON (Business Identification Number): 364593653, the licensee of Enterprise Rent-A-Car in Poland, hereinafter referred to as Enterprise, rents to the Rentee, 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 Rentee accepts and undertakes to observe.
The rented vehicle is delivered to the Rentee 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.
1.1. Rental Fees
The Rentee 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 is 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.
Prior to rental commencement, Enterprise shall pre-authorise on a payment card issued to the Rentee the amount of the anticipated rental cost, non-waivable excess charge, deposit for missing fuel and administrative fee.
The Rentee agrees that additional charge may be made without the physical use of the payment 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 the amount of EUR 2.46 gross for each litre of missing fuel, including the cost of purchasing the missing fuel and the refuelling service, up to the maximum amount of the fuel deposit specified in the Agreement,
b) administrative fee described in point 1.2. – in the amount of EUR 30,
c) non-waivable excess charge (NWE) in the event of loss or damage of a vehicle covered by the CDW/TP insurance up to the amount of the NWE indicated in the Agreement,
d) repair of a damaged vehicle not covered by the CDW/TP insurance - 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 Rentee presents another form of payment.
Prices and fees are 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 payment card, Enterprise shall debit the card account in PLN unless the Rentee 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 points 1.1-1.4.
1.2. Administrative Fee
In the event of unpaid parking fees or fines/fees for violations of the Highway Code, Petty Offences Code 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 Rentee, of which Enterprise will be notified by municipal authorities, the Police, Road Transport Inspectorate or relevant law enforcement and public administration authorities, including foreign ones, the Rentee shall be charged an administrative fee of EUR 30 as a contractual penalty for failure to comply with the above obligations and, consequently, the necessity to provide information about the perpetrator of the event to the above-mentioned entities.
In the case of authorities that demand immediate payment on behalf of the offender, Enterprise shall make payment to the account of the authority concerned, if legally permissible, and then charge the Rentee with the amount indicated in the fine.
1.3. Rental Extension Fee
The Rentee is obliged to inform Enterprise by e-mail about the intention to extend the rental no later than on the last day of the current rental period. Upon approval by Enterprise, the Rentee shall be charged rental fee according to the price list in force at the conclusion of the Agreement. If the Rentee's card cannot be charged for the extended rental period, the rental shall not be renewed, of which Enterprise shall notify the Rentee immediately.
If rental is extended without informing Enterprise in advance, the Rentee shall be charged the amount of double daily rate contracted in the Agreement for each day of arbitrarily extended rental. In the case of rentals to which the Party is a consumer or a natural person who enters into an agreement directly related to their business activity, but for whom the agreement is not of a professional nature arising in particular from the subject of their business activity carried out, the amount of this charge shall be 100% of the daily rate contracted in the Agreement for each day of arbitrarily extended rent.
1.4. Additional Fees
The Rentee may, for a fee, use additional equipment or services in accordance with the price list below:
a) car navigation (GPS) - EUR 10 net per day, not more than EUR 70 per rental,
b) child seat - EUR 6.50 net per day, not more than EUR 48.78 per rental,
c) booster cushion for a child - EUR 4.07 net per day, not more than EUR 36.59 per rental,
d) snow chains - EUR 7 net per day, not more than EUR 70 per rental,
e) additional driver - EUR 4 net per day,
f) travel abroad - EUR 50 net,
g) vehicle delivery/collection - up to 20 km from the nearest office free of charge, over 20 km EUR 0.51 net per kilometre; the fee is calculated in both directions,
h) young driver - EUR 5 net per day.
2. Vehicle Rental and Return
2.1. Rental Period
The rental period is specified in the Rental Agreement. The period is calculated on a 24-hour basis and begins at the time the vehicle is made available to the Rentee. The Rental Agreement can be made for a maximum period of 30 days.
Extension of the rental period requires the consent of Enterprise. The consent may be given in writing or in a document form (email).
Extension of the rental beyond 59 minutes with the consent of Enterprise shall result in a charge for at least the next 24 hours according to the price list valid at the conclusion of the Rental Agreement.
Any arbitrary extension of rental beyond 59 minutes without Enterprise's consent shall result in the lack of cover under Casco insurance policy and a charge as indicated in point 1.3.
The Rentee may shorten the rental period indicated in the Rental Agreement, but in this 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 on termination in writing or in a document form, including to the e-mail address or telephone number provided by the Rentee, while requesting immediate return of the vehicle in the event that:
a) the Rentee 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 Rentee neglects the vehicle to such extent that it is exposed to damage, loss or decrease in value;
c) the Rentee makes the vehicle available to third parties without the required consent of Enterprise;
d) the Rentee 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 Rentee provided false data while entering into the Rental Agreement and 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 Rentee has not made the payment within the time limit set.
If the Rentee fails to return the vehicle within the time limit specified in the notice, Enterprise may collect the vehicle at the Rentee's expense.
2.2. Vehicle Return
The Rentee is obliged to return the vehicle to Enterprise's location during its opening hours or at any other place and time specified in the Rental Agreement. The vehicle must be returned with all documents, equipment and the key/card. The Rentee may only return the rented vehicle to an employee bearing an ID badge with Enterprise logo. It is acceptable to return the set of documents together with the key/card to a KEY BOX located at an Enterprise office. In exceptional situations and with the consent of Enterprise, the key/card and documents of the rented vehicle may be returned to a hotel reception.
The rented vehicle is delivered to the Rentee with a full tank of fuel. Before returning the vehicle, the Rentee is obliged to top up the fuel to the level as at the time of delivery with the type of fuel appropriate for the vehicle. In the case of refuelling with the wrong type of fuel which is inconsistent with the principles of proper use of the vehicle, the Rentee shall be charged up to the full value of the repair in accordance with the expert opinion of an authorised repair service. If the vehicle is returned with an insufficiently filled tank, the Rentee shall be charged for the fuel used (including the cost of the missing fuel and the cost of refuelling service) at the rate of EUR 2.46 gross per litre.
An integral part of the rental contract are the "Check Out Protocol" and “Return Protocol” form, on which the signatures of the Rentee (or his/her representative) and the representative of Enterprise are placed at the moment of rental and return of the vehicle. Any damage to the vehicle, with the exception of hidden defects impossible to detect at the time of rental or return, as well as the Rentee's comments on the visible condition of the vehicle, must be entered by a representative of Enterprise on the "Check Out Protocol" and “Return Protocol" and accepted by the Rentee - the Rentee is obliged to approve the vehicle's condition with his/her signature on the Protocol. If the Rentee withdraws from participation in the vehicle pick-up or signing the Protocol or is absent from the agreed place and at the time of return of the vehicle, Enterprise may perform unilateral acceptance of the vehicle by signing the :Return Protocol” and indicating, as far as possible, the reasons for the lack of the Rentee’s signature.
2.3. Vehicle Return Outside Office Hours
If the Rentee returns the vehicle outside of Enterprise's business hours, then the Rentee is responsible for any damage to the vehicle caused by the Rentee's fault until the vehicle has been inspected by an Enterprise representative on the following business day.
The Rentee must leave the rented vehicle in the car park designated by Enterprise. If the rental location is equipped with the so-called KEY BOX, then the Rentee must leave the key/card and the car documents in the KEY BOX, together with the parking ticket (if applicable). Leaving the key/card and documents in the KEY BOX outside office hours does not terminate the Rental Agreement. The Rentee's responsibility for the vehicle expires when the documents and the car 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 is tantamount to the end of the Rental Agreement. The date and time of return shall be the date and time of the opening of Enterprise office the day following the return, or the date and time shown on the parking entry ticket. The Rentee shall be liable for any damage unless the damage was caused by reasons not attributable to him/her.
Return of the vehicle outside office hours in the presence of an Enterprise representative is subject to a fee of EUR 36.90 gross.
2.4. Vehicle Return Outside Enterprise Location
The return of a vehicle outside an Enterprise location may only take place with the prior consent of Enterprise. The date and time of return of the vehicle outside Enterprise location is deemed to be the date and time given by the Rentee to Enterprise employee. Enterprise is obliged to collect the vehicle within 24 hours of being informed by the Rentee. The collection of a vehicle reported to Enterprise by the Rentee on a Saturday, Sunday or public holiday may take place by 12.00 p.m. on the first consecutive working day. In such a situation, the liability shall remain with the Rentee until that time. In particular, the Rentee, when choosing a parking place to leave the vehicle, is obliged to make the choice with due diligence to avoid parking damage. If Enterprise fails to collect the vehicle by the specified time, Enterprise assumes responsibility for the returned vehicle. The Rentee shall be liable for any damage unless the damage has been caused by reasons not attributable to him/her.
The fee for returning a vehicle to another Enterprise branch in Poland is EUR 61.50 gross.
3. Terms of Vehicle Use
3.1. Restrictions on Vehicle Use
The rented vehicle must not be used:
a) by a person other than the Rentee 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 Rentee or any other driver of the vehicle is under the influence of alcohol, hallucinogenic drugs, narcotics or other substances impairing his/her consciousness and ability to react,
c) in breach of customs, road traffic or other regulations in force on the territory of Poland or on the territory of any country in which the vehicle is used by the Rentee, including transit countries,
d) outside Poland without obtaining Enterprise's written consent on each occasion. Entry to the following countries is not permitted: Albania, Belarus, Bosnia and Herzegovina, Montenegro, Macedonia, Kosovo, Moldova, Russia, Serbia, Turkey, Ukraine;
e) in races, rallies or sports competitions,
f) for learning to drive, for the commercial transport of persons or goods, including occasional transport, or as a taxi, without the prior consent of Enterprise,
g) by third parties on the basis of a subrental or free-of-charge lending agreement without the prior consent of Enterprise,
h) for starting or towing other vehicles, trailers or other objects,
i) for transporting flammable, dangerous, toxic, corrosive, radioactive or other harmful substances,
j) for transporting goods in excess of the permissible load of the vehicle,
k) for transporting items which, due to their smell or properties, may cause damage to the vehicle and expose Enterprise to additional costs due to vehicle downtime,
l) for transporting live animals (with the exception of pets, with the prior written consent of Enterprise),
m) with a roof rack or similar devices that are not supplied by Enterprise,
n) for driving on unpaved roads or roads whose surface or condition may cause damage to the vehicle suspension, wheels or tyres.
3.2. Driving the Vehicle outside the Republic of Poland
In the case of driving the vehicle outside the Republic of Poland, the Rentee shall be obliged to notify Enterprise of the planned travel and obtain Enterprise’s consent. Notification to Enterprise should be made by sending the information to the branch's email address included in the email containing the Tenancy Agreement. In the submitted notification, the Rentee should provide information on the countries to which he/she is going or through which he/she will drive, and the period in which it will take place. The Rentee is obliged to inform Enterprise about the planned travel at least 72 hours in advance. In the event of a planned travel to countries outside the European Union or travelling through such countries, obtaining of the consent may be subject to the Rentee fulfilling additional conditions, in particular relating to vehicle insurance or establishing an additional security. The consent to travel outside the Republic of Poland shall be sent to the e-mail address indicated by the Rentee.
3.3. Rentee's Liability
By signing the Rental Agreement, the Rentee acknowledges that he/she shall be responsible as a driver for any traffic offences committed during the use of the rented vehicle as well as for any fines or penalties that may be imposed due to traffic offences or any other infringement of the provisions of laws, ordinances, regulations and orders until the moment of returning the vehicle unless it is caused by Enterprise's fault.
The Rentee shall be liable for acts and omissions of persons listed in the Rental Agreement as persons authorised to drive the vehicle and persons to whom the Rentee makes the vehicle available without the consent of Enterprise like for his/her own acts and omissions, within the scope of relations covered by the concluded Rental Agreement.
The Renter accepts that Enterprise may make the Rentee's personal data available to the Police or other authorised entities, subject to data protection legislation.
When using the vehicle, the Rentee is obliged to routinely check the indicators located on the dashboard, the level of oil and coolant, the lights and tyre pressure. In the event of noticing any irregularities in the functioning of any of the elements, the Rentee is obliged to immediately stop the vehicle and contact the nearest Enterprise branch. When parking the vehicle, even for a short while, the Rentee is always obliged to use all the security devices present in the vehicle. Leaving documents and/or the key in the vehicle, which may result in theft, is prohibited, and renders the vehicle theft insurance invalid.
Enterprise is entitled to seek additional compensation on general terms if the amount of damage suffered exceeds the amount of the contractual penalty reserved for this purpose.
3.4. Rentee's Liability
Smoking of tobacco products and electronic cigarettes in the rented vehicle is prohibited. In the event of any breach of this prohibition, the Rentee shall be charged EUR 120 gross for the cleaning of the vehicle upholstery.
4. Liability of a Third Party
The Rentee is exempt from liability in the event that damage to the vehicle occurs as a result of a road traffic incident through the sole fault of a third party. In such a situation, it is essential to call the Police to the scene, immediately notify Enterprise and indicate the location of the incident. The Rentee is obliged to cooperate with Enterprise and the insurer in the claim settlement process
In the event of the Rentee culpably failing to comply with the necessary formalities and failing to call the Police, the Rentee shall be liable on general terms up to the full amount of the damage suffered by Enterprise – regardless of whether he/she is covered by an insurance package of his/her choice.
5. Damage, Loss, Theft, Servicing, Inspection, Repair
5.1. Damage, Loss, Theft
In the case of damage to, destruction or theft of the vehicle, the Rentee shall be obliged to immediately (i.e. within 12 hours after the event or the Rentee being informed about the event at the latest, unless it is impossible for objective reasons) notify Enterprise of this fact and call the Police. Enterprise shall be informed of the damage, destruction or theft of the vehicle by telephone (hotline number indicated in the Rental Agreement) as well as by e-mail (e-mail address of the branch office included in the message containing the Rental Agreement). The Rentee shall be obliged to provide Enterprise, within 24 hours after the event or the Rentee being informed about the event, with the following documents and items:
a) a correctly filled in damage notification form provided by Enterprise, describing the real circumstances of the event;
b) a declaration concerning the details of the person who in fact drove the vehicle together with a declaration on the person’s authorization to drive the vehicle,
c) the keys or card and vehicle documents,
d) a declaration of the perpetrator of the damage, if drawn up, containing at least the details of the perpetrator and of its insurer, together with the policy number, place and date of the event, details of the perpetrator’s vehicle (registration number, vehicle make, model).
If, for objective reasons, the Rentee is unable to deliver the documents and items within the time limit specified above, this period (24 hours) shall be counted from the moment the objective reasons cease to exist.
If the Rentee fails to perform any of the obligations provided for above, the Rentee shall be obliged to pay to Enterprise a contractual penalty in the amount of EUR 500.
Enterprise shall make every effort to replace or repair the rented vehicle. When replacing the vehicle, the Rental Agreement must be amended accordingly and accepted by both contracting parties. Within the limits provided by law, Enterprise's liability for damage, including lost profits, caused by the need to repair or replace the vehicle for the Rentee, resulting in particular from the duration of such repair or replacement and the impossibility of providing a vehicle of the same class, is excluded.
In the event of damage rendering the vehicle inoperable or the vehicle being stolen, Enterprise shall make every effort to provide the Rentee with another vehicle within 24 hours under the same Rental Agreement.
5.2. Insurance Packages and Additional Charges
If the Rentee accepts the terms of the CDW/TP (Collision Damage Waiver and Theft Protection) insurance package in the Rental Agreement, the Rentee's liability in the event of any damage, theft, loss of the vehicle or its parts may be limited to the actual cost of repair, up to the maximum amount of the NWE shown in the Rental Agreement (EUR 400, EUR 800, EUR 1,000, EUR 1,400 gross depending on the group of vehicle ordered), provided that the Rentee has not breached the terms and conditions of rental specified in this Agreement. The Rentee may be released from liability if he/she proves that the event causing the damage occurred for reasons beyond his/her control.
By accepting the CDW/TP on the first page of the Rental Agreement, the Rentee agrees to make payment in accordance with the currently applicable price list. If the Rentee does not take out Collision Damage Waiver (CDW) and Theft Protection (TP) insurance, Enterprise has the right to refuse to enter into the vehicle Rental Agreement.
If the Rentee opts out of the CDW/TP insurance fee, then in the event of any damage to the rented vehicle or its parts and in the event of theft, the Rentee shall be liable up to the full value of the rented vehicle. The Rentee may be released from liability if he/she proves that the circumstances referred to above occurred for reasons not attributable to him/her.
The insurance does not cover damage in the event of:
a) driving the vehicle without the permission of Enterprise,
b) the driver fleeing the scene of the accident,
c) making a false statement as to the place, time, circumstances and causes of damage,
d) driving under the influence of alcohol, narcotics, hallucinogenic drugs or other illegal substances, or any other substance which impairs the driver's consciousness or ability to react.
The Rentee's liability may be excluded on condition that the Rentee accepts, at additional charge indicated on the first page of the Rental Agreement, one of the following insurance packages:
a) SCDW (Super Collision Damage Waiver) which releases the Rentee from financial liability for damage to the vehicle, excluding damage inside the vehicle, damages to the windows, tyres and/or rims and excluding burning of the vehicle and theft,
b) SCDW/TP (Super Collision Damage Waiver/Theft Protection) which releases the Rentee from financial liability for theft of and damage to the vehicle, excluding damage inside the vehicle, damages to the windows, tyres and/or rims and excluding burning of the vehicle,
c) TWP (Tires and Windows Protection) which releases the Rentee from financial liability for damage to the windows, tyres and/or rims,
d) SCDW+ (Super Collision Damage Waiver Plus) which releases the Rentee from financial liability for damage to the vehicle, excluding damage inside the vehicle, burning of the vehicle and theft,
e) SCDW/TP+ (Super Collision Damage Waiver/Theft Protection Plus) which releases the Rentee from financial liability for the theft of and damage to the vehicle, excluding damage inside the vehicle and excluding burning of the vehicle.
If, however, the damage is caused by recklessness or gross negligence on the part of the Rentee in breach of these General Terms and Conditions of Rental in Poland, the protection resulting from the purchase of additional insurance packages shall not apply and the Rentee shall be liable to the full extent on general terms and conditions under the law. In addition, the Rentee shall be charged with the costs of vehicle downtime, parking and, if applicable, travel to the scene.
If the Rentee loses the vehicle documents, the Rentee shall be charged a contractual penalty of EUR 50. The loss of the car key entitles Enterprise to charge the Rentee for the cost of obtaining new keys, in accordance with the estimate of the repair service. In addition, the Rentee shall be charged with the costs of vehicle downtime, parking and, if applicable, travel to the scene. In the event that the Rentee fails to return the car key, card or documents, the Rentee shall also be charged with the costs of vehicle downtime, parking and, if applicable, travel and delivery of the above to Enterprise office. The liability of the Rentee shall be excluded if it is proven that the incident occurred for reasons not attributable to the Rentee.
If the Rentee causes an accident and flees the scene of the accident, he/she shall also be liable for any resulting damage, regardless of having taken out one of the insurance packages, and for Enterprise's lost profits, unless these are due to reasons beyond the fault of the Rentee. In addition, the Rentee shall be charged with the costs of vehicle downtime, parking and, if applicable, travel.
If the Rentee transports animals in the rented vehicle, he/she is fully responsible for any damage or destruction incurred, other than resulting from the standard operation of the vehicle. In addition, the Rentee shall be charged with the costs of vehicle downtime and parking.
5.3. Breakdown, Repair of Vehicle
The Rentee is obliged to inform Enterprise immediately by phone (hotline number indicated in the Rental Agreement), or by email (email address of the branch office included in the message containing the Rental Agreement) of any breakdown of the vehicle causing its exclusion from service.
If the vehicle described in the Agreement is taken out of service for any reason, Enterprise shall have the right to replace that vehicle with an alternative vehicle of a similar standard, and if the alternative vehicle is not available or cannot be delivered, the Rentee shall be reimbursed for such part of the rental costs as represents the unused portion of the rental period of the vehicle.
The Rentee must not allow anyone to repair the vehicle without Enterprise's permission. If Enterprise gives such permission, the Rentee shall be reimbursed by Enterprise for the cost of repairing the vehicle on the basis of the receipt or VAT invoice for the service rendered.
5.4. Vehicle Inspection
The Rentee is obliged to inform Enterprise immediately by phone (hotline number indicated in the Rental Agreement), or by email (email address of the branch office included in the message containing the Rental Agreement) of the need to carry out an inspection of the vehicle.
The Rentee shall be obliged to provide the vehicle to the service centre indicated by Enterprise in order to perform a periodic inspection upon the indication of the odometer or on the date specified in the Delivery and Acceptance Protocol accepted upon commencement of rental, and indications of the vehicle's on-board computer, constituting the permissible limit resulting from the requirements of the vehicle manufacturer.
In the event that the vehicle is presented for the inspection referred to above and the odometer reading exceeds the limit specified in the aforementioned Protocol, or after the deadline specified in the Protocol, as well as if the vehicle's on-board computer readings are exceeded or if the vehicle is not presented for inspection, the Rentee shall be charged with a contractual penalty of EUR 500. If the non-appearance of the Rentee on the indicated date, or the appearance of the Rentee after exceeding the kilometre limit indicated in the above-mentioned Protocol, after the date indicated in the Protocol, or after exceeding the indications of the on-board computer of the vehicle, results in the loss of manufacturer guarantee for the vehicle, the Rentee shall be charged with a contractual penalty in the amount of EUR 1,500, unless the above is due to force majeure.
6. Personal Data
6.1. Personal Data Controller
1. The controller of personal data of the Rentee and persons indicated by the Rentee in the Rental Agreement or during its execution (e.g. employees of the Rentee) is Car Hire Poland sp. z o.o. with its registered seat in Gdynia (81-393), ul. Świętojańska 56/2 ("Controller" or "Car Hire").
2. To the extent indicated in this notice, separate independent data controllers are furthermore:
a) EAN Data Services UK Ltd.,
b) Enterprise Holdings, Inc. and/or
c) other partners within the Enterprise Holdings group (details available at https://www.enterprise.co.uk/en/privacy-policy.html)
- collectively referred to as “EHI”.
3. 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?
1. Car Hire has appointed a Data Protection Officer ("DPO") who can be contacted via the email address: firstname.lastname@example.org. The DPO can be contacted on all matters concerning the processing of personal data and the exercise of rights in relation to data processing.
2. 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
1. Personal data (hereinafter referred to as "Client Personal Data") of the Rentee being a natural person ("Client") and persons employed by the Rentee (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):
a) for the purpose of 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.
2. Car Hire will share Client Personal Data with EHI as a separate and independent controller 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 conducting telephone surveys 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.
6.4. Personal Data of the Client's Representatives and Persons Employed by the Client
1. 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.
2. 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 both the Controller and the Client (Article 6(1)(f) GDPR), consisting in the possibility of duly performing the Agreement and ensuring ongoing contact with the Client.
3. 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
1. 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 Rentee; entities belonging to the Enterprise Holdings Group (the full list of entities belonging to the Enterprise Holdings Group can be found at: https://privacy.ehi.com/pl-pl/home.html), 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
1. EHI and Car Hire retain Client Personal Data for the following period:
Marketing data, such as email subscriptions and participation in loyalty programmes, are processed until you withdraw your consent.
Data related to cookies and other identifiers are processed for up to three years. Marketing information, such as email subscriptions and participation in loyalty programmes, is processed for up to 7 years after the data subject's last interaction with EHI.
Data relating to the Rental Agreement are processed for up to 6 years from the date of rental. Proofs of payment are retained for a period of 5 years from the end of the calendar year in which the transaction was made.
Data relating to your Rental Agreement are processed for up to 6 years from the date of rental, subject to other local requirements. Payment data are processed for 2 years from the date of the transaction (depending on the location of the rental)
Customer service issues
General service enquiries are stored for one year unless a complaint has been lodged or a claim made, in which case data relating to the complaint or claim are stored for six years.
General service enquiries are stored for 3 years unless a complaint has been lodged or a claim made, in which case data relating to the complaint or claim are stored for 3 years.
Data related to legal proceedings are stored for the duration of the proceedings and for 6 years after the end of the proceedings.
If EHI is a party to litigation or proceedings by competent law enforcement or supervisory authorities, the data shall be retained for the duration of such proceedings and for a period of 5 years after their conclusion. If a settlement agreement concluded provides for the retention of data for a longer period, the data shall be retained for the period necessary to implement the settlement agreement. Where data are transmitted to competent authorities, a record of such transmission shall be kept for one year from the end of the proceedings.
Telematics data processed for effective fleet management and fleet security purposes are stored for a period of 14 days after the end of the vehicle rental or until you raise an effective objection to the processing of your personal data. The processing period may each time be extended by the period of limitation of claims – if the processing of the personal data is necessary for the Controller to pursue any possible claims or to defend against such claims.
6.7. Transfer of Personal Data to Third Countries
6.8. Rights of Natural Persons
1. 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) lodge a complaint with the supervisory authority competent in matters relating to the protection of personal data.
6.9. Origin of Personal Data
1. The Rentee 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
1. 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.
1. 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:
- with the ignition off - every +/- 300 seconds;
- with the ignition on - every 500 metres or 30 degrees (in case of a turn) or every 300 seconds, whichever occurs first.
- Persons managing the fleet on the Controller's side may in particular have access to:
- Current location of vehicles,
- Speed of moving vehicles,
- Ignition status (if the ignition is on),
- Motion sensor status,
- Anti-theft lock status,
- Geographical location +/-,
- Odometer reading,
- Battery level,
- Number of visible satellites and GSM signal strength,
- Time of recording of the above records.
6.12.Statement by the Rentee
1. The Rentee, 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 Rentee to the Controller in connection with the execution of the Rental Agreement have become familiar with the content of this information, and that the Rentee will ensure that the persons whose personal data will be provided by the Rentee 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 Rentee 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 5,000,000 for a single insured event, regardless of the number of victims, and for damage to property shall be EUR 1,000,000 for a single insured event, regardless of the number of victims.
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: email@example.com .
It is recommended that the following data be indicated in the complaint:
a) first and last name of the claimant,
b) specification of the subject of the complaint, the period complained about, and the registration number of the vehicle,
c) information and circumstances relating to the subject of the complaint, in particular the type and date of the irregularity,
d) Rentee's demands,
e) 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 Rentee a reply to the complaint before the expiry of that time limit.
If Enterprise refuses to accept the complaint or if the Rentee does not agree to handling the complaint in the manner proposed by Enterprise, the Rentee 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 Gdańsk, ul. M. Konopnickiej 80-240 Gdańsk, www.ihgd.pl).
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 Rentee being a consumer and a Rentee 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 Rentee's premises.
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 Rentee 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.