The President of the Polish competition authority (UOKiK) has charged the car rental company Panek with employing prohibited clauses that may impose excessive financial responsibility on consumers renting vehicles. Additionally, a fine of over 3.7 million PLN has been levied against the company for failing to provide information during the investigative proceedings.

Consumer complaints have indicated that the company's practices may resemble fraud, prompting UOKiK to notify the prosecutor's office. Panek offers car rentals nationwide and previously provided car-sharing services until March 2025. Complaints received by UOKiK highlighted irregularities in the vehicle return process, particularly regarding damage charges.

UOKiK's analysis of Panek's contractual patterns revealed that certain provisions may be unlawful and thus non-binding for consumers. The company included clauses that required renters to prove that any issues with the vehicle were not their fault, granting itself unilateral authority to determine the sufficiency of renters' explanations. Such clauses could be deemed illegal if they shift the liability for business operations onto consumers.

Complaints indicated that renters often were unaware of existing damages when returning vehicles. In one instance, a driver reported not noticing a chip in the windshield, leading to a significant penalty imposed by Panek. UOKiK argues that clauses allowing such practices violate consumer rights, as renters should only be liable for damages caused by their own actions.

Furthermore, the company’s policy allows for vehicle returns without the presence of rental staff, raising concerns about the fairness of damage assessments. Consumers may later receive notifications of penalties without the opportunity to contest them at the time of return. The fines imposed by Panek are based solely on the vehicle class rather than the nature or extent of the damage, potentially resulting in disproportionate charges.

UOKiK also scrutinized additional financial burdens imposed on consumers under the car-sharing regulations, which allowed Panek to charge clients for all damages and unspecified extra fees, leaving renters unaware of the final service costs. The authority is also questioning the high fees charged for missing fuel upon vehicle return.

For each contested clause, Panek faces fines of up to 10% of its turnover. The company’s lack of cooperation with UOKiK during the investigation has resulted in a fine of 3,741,165 PLN.

In addition to the charges regarding unlawful contractual provisions and the fine for non-cooperation, UOKiK has referred the case to the prosecutor's office due to complaints about the company failing to refund payments for unfulfilled services and improperly charging consumers' cards for unjustified penalties. Consumers reported being charged for damages they did not cause, which may indicate fraudulent practices warranting further investigation by law enforcement authorities.