Rented a Car in Poland and Lost Your Deposit? Your Rights as a Foreign Consumer

Q: Can a company charge the deposit for normal wear and tear?

No. It may only charge for damage that exceeds normal wear and tear, and only if this is clearly stated in the contract and properly documented. Last reviewed: 26 June 2026. ---

Did you hire a car in Poland, or anywhere else in the EU, and the rental company kept your deposit without giving you a clear reason? Or perhaps you're a foreign national — British, German, or from further afield — and the company is telling you that because you don't live locally "there's nothing you can do"? That's a common line, and it isn't quite true. If you hired the car as a consumer (not for business use), you have rights that follow you across borders. This guide explains what those rights are and how to use them.

This guide is general legal information, not legal advice. How the rules apply depends on the contract, the evidence and the circumstances — including whether the hire was consumer, civil or commercial in nature. If you need representation in a cross-border dispute, the matter should be assessed by a lawyer or a European Consumer Centre adviser. Twoja Sprawa helps you organise the documents for that assessment.

Who counts as a "consumer" when hiring a car abroad?

This is the first and most important question. If you hired the car for personal use — a holiday, a private trip, leisure travel — you are a consumer, even if your home address is abroad. That means:

the Polish (or other) rental company has obligations towards you under consumer protection law (standardised across the EU by EU directives),
you can pursue your rights even from another country.

If, on the other hand, you hired the car for your business or professional activity, your status changes and the protection is different. But in most cases — tourism, a private trip — you are protected.

Deposit vs. security hold — what it is and how it works

A deposit (or security hold) is an amount the company holds until you return the car. It's meant to cover: - payment for any damage caused (bodywork, glass, tyres, etc.), - fuel shortfall, - any additional charges listed in the contract (cleaning, parking, toll charges, etc.).

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The key rule: the company may only deduct amounts from the deposit that are documented and justified. Withholding the whole amount without explanation is suspicious — and if it's unjustified, you can demand it back.

What evidence you need

The more documentation you have, the stronger your position:

photos/video of the vehicle before hire (bodywork, glass, tyres, interior, mileage, fuel gauge — with a visible date on the photo or video),
photos/video of the vehicle on return (the same scope),
a collection and return report/checklist signed by both parties (very important),
the hire agreement and the company's terms (what can be deducted from the deposit?),
emails, texts, WhatsApp messages with the company — any statements about the vehicle's condition or your complaint,
receipts for any extra charges (if applicable),
proof of the deposit payment.

If you're missing some of these documents, it weakens your case — but it isn't fatal. A court can still weigh the evidence you do have against the overall sequence of events.

Can a foreign national make a complaint?

Yes. It makes no difference whether you live in Poland, Germany, the UK, or elsewhere — if you hired the car as a consumer:

you can send a written complaint to the rental company (ideally an email with a read receipt, or a letter to its registered address),
if the company refuses or stays silent, you have other routes available (chargeback, the European Consumer Centre, or court).

Some rental companies try to discourage foreign customers by saying "we don't deal with overseas clients." That's just a tactic — consumer law applies equally to every consumer in the EU.

Four routes to getting your money back

1. Complaint to the company (the simple route)

Write to the rental company in writing — by email or letter. It should include:

the booking details (date, booking reference, vehicle),
a description of the problem (what amount was withheld and for what?),
your position (e.g. "I returned the vehicle undamaged; the deposit should not have been withheld"),
your demand (full or partial refund),
a deadline for a response (14 days is typical).

If the company responds — good. If it doesn't, or the response is unsatisfactory, move to the next step.

2. Chargeback (a banking procedure)

If you paid by card (Visa, Mastercard, Amex, etc.), you can ask your bank for a chargeback (a transaction dispute).

Important caveats: - Chargeback is not a legal right — it's a procedure run by the card scheme under its own rules, - it doesn't guarantee a refund — your bank/the card scheme decides based on its own criteria (so-called reason codes), - the usual window to file is around 120 days from the transaction or the event (deadlines vary by bank and card scheme — check with your own bank), - you'll need evidence showing the charge was unjustified, - the process can take several weeks.

Chargeback is useful, but not guaranteed. It shouldn't be your only strategy.

3. The European Consumer Centre (ECC) Poland — for cross-border disputes

If the other side (the rental company) is based in another EU country (or you live abroad), you can raise the matter with the European Consumer Centre (ECC) Poland — part of the EU-wide ECC network.

The ECC offers: - free advice on consumer rights in cross-border disputes, - mediation between you and the company (an attempt at an amicable resolution), - information on procedures in other EU countries.

Website: konsument.gov.pl → the ECC (ECK) section.

The ECC won't handle the case for you, but it can be genuinely useful, particularly if both sides are willing to talk. (This section flags scope of ECC assistance for car-hire and cross-border matters as requiring confirmation before publication — treat as general information pending review.)

4. Court proceedings

If the amount matters and other routes haven't worked, you can sue the rental company. However — and this is important:

you need to establish jurisdiction (which court has authority?) — this depends on the company's registered address and the country the contract is governed by,
a cross-border case normally requires representation (usually a lawyer qualified in the country where the company is based),
costs can be significant (court fees, lawyer's fees).

In practice, for small amounts, going to court is often not economically worthwhile.

If the company goes silent

Sometimes a rental company simply ignores every attempt at contact. What then?

If you paid by card → chargeback (as described above).
If you paid by bank transfer → harder, but mediation or court may still be worth pursuing.
Document every attempt at contact — date, channel (email, phone, text), and content of the message.

Common mistakes foreign customers make in car-hire disputes

No photos of the vehicle before hire — it becomes impossible to prove its condition afterwards.
No signed return checklist — it's just your word against the company's.
Silently accepting the charge — if you do nothing for months, your position weakens.
No translation of the contract — if the agreement is in a language you don't understand, that's a weakness (though you can ask for a translation or have it reviewed by a specialist).
Relying solely on chargeback — instead of also sending a complaint and gathering evidence. Chargeback should complement your case, not replace it.
Giving up after the first refusal — sometimes persistence pays off.

When it's worth consulting a specialist

Consider seeing a lawyer or an ECC adviser when:

the amount is significant (e.g. above EUR/GBP 500–1,000),
the company has taken legal action against you (in that case representation is essential),
a second country is involved — with laws different from Poland's, requiring expertise in that jurisdiction,
the evidence is complex or the contract needs detailed interpretation,
every other step has failed and you want a final court decision.

When a claim may not make economic sense

The deposit is only a few dozen EUR/GBP, while the cost of representation would be far higher.
You have no evidence — no photos, no signed checklist — making the case hard to argue.
Too much time has passed since the event (the limitation period may have run out).

In these situations it can sometimes be more sensible to accept the loss and learn for next time: always document the vehicle's condition with photos and video, and always get a signed return checklist.

Frequently asked questions

Can a foreign national living abroad win a deposit dispute in Poland? Yes, provided you hired the car as a consumer and have supporting evidence. The law applies to everyone, regardless of where you live.

How long do I have to make a complaint? The general limitation period for claims is 6 years (Article 118 of the Polish Civil Code — Kodeks cywilny), but individual routes (chargeback, ECC mediation) have their own, much shorter deadlines. Don't wait too long — the sooner you act, the better.

Will my bank always approve a chargeback for a car hire dispute? No. Chargeback is a procedure, not a guarantee. The outcome depends on the reason code used and the evidence you submit.

What if the rental company is based outside the EU? The legal position becomes more complicated — international rules and bilateral agreements come into play. This needs a specialist's assessment.

Can a company charge the deposit for normal wear and tear? No. It may only charge for damage that exceeds normal wear and tear, and only if this is clearly stated in the contract and properly documented.

Last reviewed: 26 June 2026.