General Terms and Conditions of Rental in Poland
Car Hire Poland Spółka z o. o. with its registered office in Warsaw, ul. Połczyńska 10, 01-378 Warsaw, with NIP (Tax Identification Number) 5862307101, share capital PLN 20,80, registered under number 0000621021 in the National Court Register in the District Court in Gdańsk, with REGON (National Business Registry Number): 364593653, the 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.
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.
Prior to rental commencement, Enterprise shall pre-authorise on a payment card issued to the Renter the amount of the anticipated rental cost, the non-waivable excess charge or security deposit for damage claims, the deposit for missing fuel, and the administrative fee.
The Renter 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 3.69 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 Item 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 Package up to the amount of the NWE indicated in the agreement,
d) 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 payment 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 or fines/fees for 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, 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 Renter shall be charged an administrative fee of EUR 30.
This fee constitutes a contractual penalty for failure to comply with the above-mentioned obligations to comply with laws, bylaws, orders and similar regulations.
Violation of these regulations has led to the need to provide information about the offender to the above-mentioned entities or to the need to take the action indicated in the next sentence.
In the case of authorities demanding immediate payment on behalf of the offender, Enterprise will make payment to the account of the authority concerned, if legally permissible, and then charge the Renter with the amount indicated in the fine.
1.3. Rental Extension Fee
The Renter shall be obliged to inform Enterprise by email about the intention to extend the rental no later than on the last day of the current rental period. Upon approval by Enterprise, the Renter shall be charged rental fee according to the price list in force at the conclusion of the agreement. If the Renter's card cannot be charged for the extended rental period, the rental shall not be renewed, of which Enterprise shall notify the Renter immediately.
If rental is extended without informing Enterprise in advance, the Renter 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 rental.
1.4. Additional Fees
The Renter may, for a fee, use additional equipment or services in accordance with the price list hereinbelow:
a) car navigation (GPS) – EUR 13 net per day, not more than EUR 91 per rental,
b) child seat – EUR 8.45 net per day, not more than EUR 59.15 per rental,
c) booster cushion for a child – EUR 8.45 net per day, not more than EUR 59.15 per rental,
d) snow chains – EUR 7 net per day, not more than EUR 70 per rental,
e) additional driver – EUR 5.20 net per day,
f) travel abroad – EUR 75 net,
g) vehicle delivery/collection – EUR 30 net for the first 20 km from the nearest Enterprise office, over 20 km EUR 0.75 net per kilometre; the fee is calculated in both directions,
h) young driver – EUR 6.5 net per day.
1.5. 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 "Safe on the Road" package alone, or take advantage of the combined packages CDW/SCDW/TP + "Safe on the Road" or SCDW/TP+ "Safe 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 "Safe 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 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 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 Item 1.3.
The Renter 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 email address or telephone number provided by the Renter, while requesting immediate return of the vehicle in the event that:
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 has not made the payment within the time limit set.
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 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 Renter may only return the rented vehicle to an employee bearing an ID badge with Enterprise logo. It shall be 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 shall be delivered to the Renter with a full tank of fuel. Before returning the vehicle, the Renter shall be 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 Renter 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 Renter 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 3.69 gross per litre.
An integral part of the rental agreement shall be the “Check out Protocol” and "Return Protocol" forms, on which the signatures of the Renter (or the Renter’s 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 Renter's comments on the visible condition of the vehicle, must be entered by a representative of Enterprise on the "Handover Protocol" and "Return Protocol" forms and accepted by the Renter—the Renter shall be obliged to approve the vehicle's condition with their signature on the Protocol. If the Renter withdraws from participation in the vehicle pick-up or signing the "Return 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 Renter’s signature.
2.3. 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 the so-called KEY BOX, then the Renter 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 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. 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 Renter shall be liable for any damage unless the damage was caused by reasons not attributable thereto.
Return of the vehicle outside office hours in the presence of an Enterprise representative shall be 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 shall be deemed to be the date and time given by the Renter to Enterprise employee. Enterprise shall be obliged to collect the vehicle within 24 hours of being informed by the Renter. The collection of a vehicle reported to Enterprise by the Renter 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 Renter until that time. In particular, the Renter, when choosing a parking place to leave the vehicle, shall be obliged to make the choice with due diligence to avoid parking damage. If Enterprise fails to collect the vehicle by the specified time, Enterprise shall assume responsibility for the returned vehicle. The Renter shall be liable for any damage unless the damage was caused by reasons not attributable thereto.
The fee for returning a vehicle to another Enterprise branch in Poland is EUR 61.50 gross.
3.1. Restrictions on Vehicle Use
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 on the territory of any country in which the vehicle is used by the Renter, including transit countries,
d) outside Poland without each time obtaining Enterprise's written consent. Entry to the following countries shall not be permitted: Albania, Belarus, Bosnia and Herzegovina, Montenegro, Macedonia, Kosovo, Moldova, Russia, Serbia, Turkey, Ukraine; In the event of travel by the Renter to any of the above-mentioned countries, the Renter shall be charged a contractual penalty of EUR 2,500.
e) in races, rallies or sporting events,
f) for driving lessons, for the commercial transport of persons or goods, including occasional transport or as a taxi, without Enterprise's prior consent,
g) by third parties on the basis of a sublease or free lending agreement without Enterprise's prior consent,
h) for starting or towing other vehicles, trailers or other objects,
i) for the transport of flammable, dangerous as well as toxic, corrosive, radioactive, and other harmful substances,
j) for the carriage of goods in excess of the permitted load,
k) 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,
l) for the transport of live animals (with the exception of pets, with the prior written consent of Enterprise),
m) when the fitted roof rack and similar equipment are not supplied by Enterprise,
n) for driving on unpaved roads or roads whose surface or condition may cause damage to the car suspension, wheels, tyres.
3.2. Driving the vehicle outside the Republic of Poland
a) In the case of driving the vehicle outside the Republic of Poland, the Renter shall be obliged to notify Enterprise of the planned leaving and obtain its consent. The notification to Enterprise should be made by sending information to the email address: customerservice@enterprisecar.pl. In the notification sent, the Renter should provide information on the countries they are heading to or through which they will be passing and the period in which this will take place. The Renter shall be 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, the obtaining of the consent may be subject to the Renter 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 email address indicated by the Renter. If the Renter travels outside the border of the Republic of Poland and fails to inform Enterprise of the departure, the Renter shall be charged a contractual penalty in the amount of EUR 500.
3.3. Renter's Responsibility
By signing the rental agreement, the Renter acknowledges that they shall be responsible as a driver for any traffic offences that are 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 infringement of the provisions of laws, ordinances, regulations, orders until the vehicle is returned, unless this is due to an error on the part of Enterprise.
The Renter shall be liable as for their own acts or omissions for the acts and omissions of persons named in the rental agreement as persons authorised to drive the vehicle and persons to whom the Renter makes the vehicle available without the consent of the Enterprise to the extent of the relations covered by the rental agreement concluded.
The Renter accepts that Enterprise shall make the Renter's personal data available to the Police or other authorised entities, taking into account personal data protection regulations.
During the use of the vehicle, the Renter shall be obliged to routinely check the indicators on the dashboard and the level of oil, coolant, lights, and tyre pressure. In the event of any irregularity in the operation of any of the elements, the Renter shall be obliged to stop the vehicle immediately and contact the nearest Enterprise location. When parking the vehicle, even for a short time, the Renter shall be obliged at all times to use any security devices present in the vehicle. Leaving documents and/or the key in the vehicle or in a place accessible to the public, which may result in theft, shall be forbidden and result in the exclusion of cover under the Package limiting or excluding liability for theft.
Enterprise shall be entitled to claim additional compensation on general terms if the amount of damage suffered exceeds the amount of the contractual penalty reserved for this reason.
3.4. Renter's Responsibility
Smoking of tobacco products and electronic cigarettes shall be prohibited in the rented vehicle. In the event of a breach of this prohibition, the Renter shall be charged a contractual penalty in the amount of EUR 120.
4. Third Party Liability
The Renter shall be 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 shall be necessary to call the Police to the scene of the incident, notify Enterprise immediately, and indicate the place of the incident. The Renter shall be obliged to co-operate with Enterprise and the insurer in the loss adjustment process.
In the event of the Renter's culpable failure to comply with the necessary formalities and failure to call the Police, the Renter shall be liable on a general basis up to the full amount of the damage suffered by Enterprise—irrespective of whether the Renter makes use of the Package limiting or excluding liability chosen by the Renter.
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@enterprisecar.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 real 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, details of the perpetrator's vehicle (registration number, make and model of the vehicle).
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 fulfil any of the obligations stipulated hereinabove, the Renter shall be obliged to pay Enterprise a contractual penalty in the amount of EUR 500.
Enterprise shall use its best endeavours to replace or repair the rented vehicle. When replacing the vehicle, appropriate changes must be made on 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.
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, 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 Renter may free themselves from liability if they prove that the event causing the damage occurred for reasons not attributable thereto. 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.
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 Renter may free themselves from liability if they prove that the circumstances referred to above occurred for reasons not attributable thereto.
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 authorisation,
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.
Activation of the CDW/TP Package is necessary to benefit from the following Packages limiting or excluding liability.
The Renter's liability 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) e) 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) f) 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) join 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 vehicle documents, the Renter shall be charged a contractual penalty in the amount of EUR 50 related to the necessity of producing new documents. In the event that the Renter loses the vehicle's licence plate(s), the Renter shall be charged a contractual penalty in the amount of EUR 100 related to the necessity of obtaining new plates. The loss of the key to the vehicle shall entitle Enterprise to charge the Renter for the cost of making new keys, according to the service centre's valuation. In addition, in any of the above situations, the Renter shall be charged with the costs of vehicle downtime, parking, and possible transportation. In the event that the Renter accidentally takes the key with them along with the documents, they shall also be charged with the costs of the vehicle's downtime, parking, possible transportation, and delivery of the key to the Enterprise office. The Renter's liability shall be excluded if it is shown that the incident occurred for reasons not attributable to the Renter.
If the Renter causes an accident and flees the scene of the accident, they shall also be liable for any resulting damage and Enterprise's loss of profits, regardless of the purchase of any of the aforementioned Packages, unless such damage has been caused for reasons not attributable to the Renter. In addition, the Renter shall be charged with the costs of vehicle downtime, parking, and possible transportation.
If the Renter transports animals in the rented vehicle, they shall be fully responsible for any damage or destruction occurring which deviates from the standard operation of the vehicle. Additionally, the Renter shall be charged with the costs of vehicle downtime and parking.
5.3. Breakdown, Repair of Vehicle
The Renter shall obliged to inform Enterprise immediately by phone (hotline number indicated in the rental agreement), or by email (email address: customerservice@enterprisecar.pl) of any vehicle breakdown causing the vehicle to be out of service.
If the vehicle described in the agreement is taken out of service for any reason, Enterprise shall have the right to replace the vehicle with another alternative vehicle of a similar standard, and if the alternative vehicle is not available or cannot be delivered, the Renter shall be reimbursed for such proportion of the rental costs as is represented by the unused portion of the rental period of the vehicle.
The Renter may not allow anyone to repair the vehicle without Enterprise's consent. If Enterprise agrees, the Renter shall be reimbursed by Enterprise for repairs to the vehicle based on the receipt or VAT invoice for the service provided.
5.4. Vehicle inspection
The Renter is obliged to notify Enterprise immediately of the need to have the vehicle inspected. The Renter is obliged to bring the vehicle to the service point indicated by Enterprise for a periodic inspection, based on the odometer or the date specified in the Handover Protocol accepted at the time of rental, as well as the indications of the vehicle's on-board computer, which is the permissible limit resulting from the vehicle manufacturer's requirements.
In the event that the vehicle is presented for the aforementioned inspection with an odometer reading indicating that the limit specified in the aforementioned Protocol has been exceeded, or after the deadline specified in the aforementioned Protocol, as well as if the vehicle's on-board computer readings have been exceeded, or if the vehicle is not presented for inspection, the Renter shall be charged a contractual penalty in the amount of EUR 500. In the event of failure by the Renter to appear on the date indicated, or if the Renter appears after the exceeded kilometre limit indicated in the aforementioned Protocol, after the date indicated in the said Protocol, or if the vehicle's on-board computer readings are exceeded, resulting in the loss of the vehicle manufacturer's warranty, the Renter shall be charged 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 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 (01-378), ul. Połczyńska 10 ("Controller" or "Car Hire").
2. 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 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: 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.
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 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.
2. 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 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.
3. 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
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 the Controller (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 Renter; 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. 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
1. 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.
2. 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
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) 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
1. 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
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.
6.11. Vehicle Monitoring
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:
- every time the ignition status changes,
- every 1 minute on ignition on,
- every 30 min on ignition off,
- 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:
- the current location of the located vehicles,
- the speed at which the vehicles are moving,
- level of fuel consumption,
- refueling,
- time of occurrence of the event,
- geographical position of the vehicle +/-,
- odometer value.
6.12. Statement by the Renter
1. 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 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 5,210,000 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: customerservice@enterprisecar.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) Rentee'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 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 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 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 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 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.