Polish Car Hire Firm Kept Your Deposit? Step-by-Step Guide

Q: How long do I have for a chargeback?

Generally around 120 days from the transaction, but check with your own bank, as there can be exceptions. Act promptly.

You hired a car from a local Polish rental firm, brought it back on time with no visible damage, and thought nothing more of it. Then, a couple of days later — or even a couple of weeks later — a text message arrives: "The car had damage. We've taken 800 PLN from your card." Or worse: the deposit you paid has simply "disappeared", supposedly because of dents in the bumper you don't remember at all. The question is: is the firm actually entitled to do this? And what can you do if you think the charge is unjustified? This guide explains how to protect yourself before you hire — and what to do if it's already happened to you.

This guide is general legal information, not legal advice. How the rules apply depends on the contract, the evidence, and the circumstances — including whether you were hiring as a consumer or for business purposes. If you need advice or representation, the matter should be assessed by a qualified Polish lawyer or another appropriate specialist. Twoja Sprawa helps you organise the documents for that assessment.

Deposit vs pre-authorisation — what's the difference?

Before you do anything, it helps to understand exactly what happened to your money.

Deposit (kaucja): money you actually paid before the hire (e.g. 500 PLN). This is your money — the firm holds it as security. It should be returned in full if there's no damage.
Card pre-authorisation: a bit more subtle — no money is taken immediately, but your card is blocked for a set amount (e.g. 1,000 PLN). When you return the car, the block should be lifted. If the firm claims there's damage, it takes the money from that blocked amount instead.

⚠️ In both cases, the firm can only take money if it has a genuine claim for actual damage (this point needs confirming with a lawyer before you rely on it for anything formal).

The kinds of "damage" rental firms tend to claim

After you return the car, a rental firm may claim there was:

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Large scratches on the paintwork (often described generally as "minor bodywork damage"),
A cracked front or rear bumper or headlights,
Dents in the doors or roof,
Doors not closing properly or electrical faults,
A cracked or scratched windscreen,
Missing accessories (horn, wipers, fuel cap).

Sometimes firms claim the damage was already there and that you caused it — even though CCTV footage from before your hire might show otherwise.

Step 1: Document the car AT PICK-UP and AT RETURN

This is the most important step — without it, you'll have almost nothing to argue with.

At pick-up

[ ] Walk round the entire car with a member of staff — every mark, every minor blemish should be noted in writing (the pick-up/condition report).
[ ] Take photos and video of every side of the vehicle (all four angles), with the date and time visible. A video with running commentary is best: "This is the front bumper — no damage", "These are the sides — clean paintwork."
[ ] Fuel level, mileage, tyres — note these in the report too, and photograph the odometer.
[ ] Read the pick-up report carefully before signing — if a staff member has written that "the car has a scratch on the doors" and you disagree, query it on the spot.
[ ] Get both signatures — yours and the staff member's. This is solid written evidence.

While driving

[ ] Drive carefully — even a minor bump will need reporting later.
[ ] If there's a collision or any damage, report it to the rental firm immediately — don't wait until you return the car.

At return

[ ] Walk round the car again with a member of staff — this mirrors the pick-up process.
[ ] Take a second set of photos/video — this time "after use". If no new marks have appeared, these photos are your evidence.
[ ] Note fuel level, mileage and tyres again on return.
[ ] Get a return report — it should state that you're returning the car with no new damage (beyond normal wear and tear). If a staff member claims something is "new", you're entitled to dispute it — you have the pick-up photos to prove otherwise.
[ ] Insist on a signature — make sure the return report states the car was returned in good condition (or lists only the pre-existing defects that were already known about).

⚠️ The key moment: if the return report says "car OK" or "no damage" and the firm subsequently claims there was damage, you have written proof that there wasn't.

Step 2: Was this covered by insurance, or not?

Check exactly what contract and insurance you had.

Standard deposit hire: the firm is liable for general damage, and you're liable for damage caused by your own negligence or by breaking the rental terms. The line between the two is often disputed.
Hire with additional cover (CDW/LDW): if you bought "damage waiver" cover, many costs may be included. Read the terms carefully — some policies still have an excess (you pay the first X PLN yourself).
Hire with no additional cover: you carry the full liability. This is when the deposit or pre-authorisation is most likely to be heavily charged.

Read the hire agreement — it will set out exactly which kinds of damage you're liable for.

Step 3: A charge has appeared on your card — what now?

If your deposit or pre-authorisation hasn't been released, or the firm has taken money after you returned the car:

Immediately

[ ] Contact the rental firm straight away — by phone and by email. Ask: "Why was this charge made? What exact damage are you referring to?"
[ ] Ask for photos and evidence — the firm should be able to show you precisely where the damage is. If all they offer is vague terms like "cleaning", "paintwork" or "detailing" with no specifics, that's a red flag.
[ ] Compare this with your own pick-up and return photos — if the damage they're describing simply isn't in your photos, that's a strong argument in your favour.

Put it in writing

[ ] Send an email or letter to the rental firm, along these lines: "Contrary to the return report dated [X], I returned the car with no new damage. I attach photos taken at pick-up and return. Please provide documents/photos justifying the 800 PLN charge. Failing that, I require a refund of this amount within 14 days."
[ ] Keep a copy of everything you send — this will matter later.

Step 4: Is the charge actually unjustified?

To have a solid case that the rental firm has acted unfairly, at least one of the following should apply:

No evidence: the firm can't produce photos or repair invoices — only a bare claim that "there was damage".
The damage was already there: your pick-up photos show the mark was present before you even drove the car.
The charge is excessive: the repair cost quoted is far above the going market rate.
The charge covers things outside the contract: the firm has charged for cleaning, detailing or part replacement that the agreement doesn't actually allow for.

Step 5: The rental firm isn't responding to your letter

If the firm doesn't reply, or refuses to refund you, after you've sent your letter:

Chargeback (through your card issuer)

A chargeback is a request to your bank or card provider (Visa, Mastercard, Amex) to reverse the charge.
The process runs under the card scheme's own rules — it's a Visa/Mastercard mechanism, not Polish statute.
Time limit for a chargeback: typically around 120 days from the transaction (check your bank's specific terms, as these can vary).
How to claim: go to your card-issuing bank and ask to raise a "dispute" or "chargeback". The bank will normally want:
A copy of the rental agreement
The pick-up and return condition reports
Photos of the vehicle
Correspondence with the rental firm
An explanation of why you believe the charge is unjustified

⚠️ A chargeback doesn't guarantee a refund — it's assessed under Visa/Mastercard scheme rules, and the rental firm can defend the charge by submitting its own evidence (repair photos, invoices).

Court claim

If your bank can't help, you can bring a civil claim in the local Polish district court (sąd rejonowy) against the rental firm.

You'd be claiming a refund of the amount taken, plus compensation for the unjustified charge if it was clearly unlawful.
The court would weigh your evidence — your photos and reports — against whatever the rental firm produces.

Step 6: Consumer protection (if you hired as a consumer)

If you hired the car as a private individual for personal use (not for a business), you may have consumer-protection rights:

Statutory warranty for lack of conformity of the service (rękojmia za brak zgodności usługi) — if the car you were given didn't match what was agreed (for example, it was already damaged and the firm knew), you may have grounds to challenge this.
Right of withdrawal — in theory you can withdraw from a contract, but there's an important exception: hiring a car for a specific period does not carry the usual 14-day right of withdrawal under Polish consumer law (Article 38 of the Consumer Rights Act).

⚠️ Consumer protection mainly concerns whether the hire matched what was agreed, not whether the firm was entitled to charge you for damage — that second point still needs confirming with a lawyer before it's relied on formally.

Common mistakes to avoid

Not taking photos at pick-up/return — without them, it's very hard to defend yourself. Always take them.
Agreeing to "half-price repairs" just to move on — if something feels unfair, don't accept it. Stand your ground.
Waiting too long — if the charge was unjustified, act quickly: text, email, contact your bank. The sooner, the better.
Signing a return report you haven't actually read — always check what you're signing. If there's something you disagree with, put your objection in writing (email the firm) straight away.
Not keeping a copy of the agreement/terms — hang on to your hire agreement. You'll need it.
Driving a car that was already in poor condition — if the vehicle had pre-existing issues, this can lead to bigger disputed charges later.

When you need a lawyer

Consider a professional consultation if:

The amount taken is significant (over 1,000 PLN) and you want it back,
The charge is clearly unjustified, but the firm won't budge,
A chargeback hasn't worked, and you're considering a court claim,
The hire was for a business, and there are added complications (jurisdiction, governing law).

Frequently asked questions

Can I still claim a refund if I don't have photos?

Technically yes — but it's a much harder case to make. Without evidence, a court is more likely to give weight to the rental firm's own paperwork. That's why photos matter so much.

What if the rental firm says the damage was there before my hire, but I had no idea?

This is exactly why a signed pick-up report matters. If that report says "car OK", the firm can't later claim otherwise unless they have their own evidence — for example, CCTV footage from before you collected the car.

How long do I have for a chargeback?

Generally around 120 days from the transaction, but check with your own bank, as there can be exceptions. Act promptly.

Does a chargeback always work?

No. Your bank assesses the claim under Visa/Mastercard scheme rules. If the rental firm can show it was entitled to charge you (for example, with genuine evidence of damage), the bank may reject the chargeback. It's still generally worth trying.

What if we hired the car for business purposes?

Then consumer protection doesn't apply — general Polish contract law applies instead. You can still challenge the charge, but the process is more formal (a court claim, treated as a commercial/business matter).