• The President of UOKiK has accused Panek of using unfair contractual terms that may impose excessive financial liability on consumers in relation to hired vehicles.
• He has also imposed a fine of over PLN 3.7 million on the company for failing to provide information during the preliminary investigation.
• Reports from consumers suggest that the company’s practices may amount to fraud. The President of UOKiK has therefore filed a notification with the public prosecutor’s office.

Panek offers car hire services to consumers throughout the country. Until March 2025, it also provided a so-called car-sharing service, i.e. the short-term use of cars charged by the minute. UOKiK received complaints indicating irregularities in the procedure for returning hired vehicles, in particular with regard to the calculation of charges for damage. Following an analysis of the standard contractual terms, the President of UOKiK has brought charges against the company. Certain provisions contained in the terms and conditions of service may be unlawful and, consequently, non-binding on consumers.

Placing the blame

Panek has included clauses in its terms and conditions requiring customers to prove that any problems with the car were not their fault. The company has also unilaterally granted itself the right to decide, at its own discretion, whether to accept their explanations as sufficient. Such clauses may be prohibited if they result in shifting liability for the business’s operations onto consumers. In practice, a consumer may be unable to prove that a breakdown, collision or damage to the vehicle was not their fault.

Complaints received by UOKiK indicate that individuals returning a car were often unaware of the damage. In one case, the driver stated that, when returning the car, they had not noticed a chip in the windscreen and therefore had no opportunity to comment on how it had occurred. Nevertheless, Panek charged a penalty of several thousand zlotys for this damage. In UOKiK’s view, a clause permitting such a practice may infringe consumer rights. A person renting a car may only be held liable for damage caused by their own fault, resulting from a breach of the rules of use or the terms and conditions. They cannot be held liable for situations beyond their control or arising from the normal use of the vehicle.

– Panek shifts the risk of its business operations onto its customers. It does so by automatically attributing blame to them for any damage to the vehicle. It extends the scope of consumers’ liability to cover all costs associated with breakdowns, damage, theft or any other problem with the vehicle. The business assumes from the outset that car hirers are responsible for every situation and that it is for them to prove otherwise. Contractual clauses that allow for such practices may be unlawful – says Tomasz Chróstny, President of UOKiK.

Excessive penalties

A key factor in assessing the company’s practices is the fact that a vehicle may be returned without a representative of the rental company being present. In such cases, the condition of the car is assessed unilaterally, without the renter having an opportunity to respond to any objections, which raises concerns for UOKiK. A consumer who returns a vehicle in the absence of a company representative may, after some time, be informed that a contractual penalty has been charged.

The amount of the penalty – in accordance with the applicable terms and conditions – depends solely on the category of the rented vehicle, rather than on the type or extent of the damage, and may therefore be disproportionate. However, a penalty should reflect the actual value of the damage. As noted by the President of UOKiK, the company may impose excessive charges on consumers. Furthermore, under the terms of the contract, the company is able to debit funds directly from the renter’s card. The consumer may challenge the validity of the penalty only by lodging a complaint. If the complaint is rejected, the only way to recover the funds is through the courts.

More penalties

The President of UOKiK also has concerns regarding provisions in the car-sharing terms and conditions that impose additional financial burdens on consumers. Under these provisions, the company may charge customers both the full cost of any damage and additional fees, the exact amounts of which are not specified. As a result, car hirers are unable to determine the final cost of the service. UOKiK also questions Panek’s practice of charging an excessive amount for each missing litre of fuel upon the vehicle’s return.

For each disputed clause, the company may face a fine of up to 10 per cent of its turnover.

Failure to cooperate with UOKiK

During the preliminary investigation, Panek repeatedly failed to provide the information requested by the President of UOKiK, thereby hindering the conduct of the investigation, including delaying the bringing of charges. Consequently, a fine of PLN 3,741,165 was imposed on the company.

Fraud?

In addition to bringing charges concerning unlawful contractual provisions and imposing a fine for failure to provide information, UOKiK has referred the case of Panek to the public prosecutor’s office. This followed complaints that the company had failed to refund payments for services not provided and had debited consumers’ payment cards to cover unjustified penalties. Consumers reported being charged for damage they had not caused, and which may have existed prior to the hire of the vehicle. Such practices may constitute fraud and are subject to investigation by the competent enforcement authorities.