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  • FIRST POST
    • MacMcKenna
    • By MacMcKenna 18th Jun 17, 6:02 PM
    • 2Posts
    • 0Thanks
    MacMcKenna
    Section 75 and Car Rental
    • #1
    • 18th Jun 17, 6:02 PM
    Section 75 and Car Rental 18th Jun 17 at 6:02 PM
    Rented a car from a rental company in Mallorca. The car I got was not that booked but a so called similar car. The car was not road worthy in so far as there was a knocking sound whilst driving and the tyres were worn below the tread at the front. The queue to complain at the airport was huge and the helpers in the terminal supposedly did not speak enough English. The mileage was incorrect by 300 km or it could be they registered an 5 instead of a 8 by mistake. I tried ringing the number the car company gave me to be greeted by someone who seemingly could not speak English or German. Anyway, my holiday was ruined as the company would not change the car on site but wanted me to drive it 80 km to the airport, or pay for roadside assistance to collect it. The fact is that the car was not that what I requested or fit to rent. So as not to be hit with a huge fine I was more or less left to my own devices and had to return the car at the end of the rental to the airport. My wife would not travel in the car and went by coach supplied by the travel company. It was driven only to my holiday destination as I would have been late for a dialysis session.
    My question is, as the car was not roadworthy can I claim on section 75.
Page 1
    • jonesMUFCforever
    • By jonesMUFCforever 18th Jun 17, 6:19 PM
    • 23,743 Posts
    • 10,970 Thanks
    jonesMUFCforever
    • #2
    • 18th Jun 17, 6:19 PM
    • #2
    • 18th Jun 17, 6:19 PM
    You still decided to take it and drive it though?
    Did you book through a UK or Spanish company?

    Any compensation will depend on Spanish laws if you bought direct from them.
    What exactly are you wanting to claim for - your hire costs refunded or loss of enjoyment from not able to use it as you intended?
    What goes around - comes around
    give lots and you will always receive lots
    • MacMcKenna
    • By MacMcKenna 18th Jun 17, 6:44 PM
    • 2 Posts
    • 0 Thanks
    MacMcKenna
    • #3
    • 18th Jun 17, 6:44 PM
    • #3
    • 18th Jun 17, 6:44 PM
    UK Company. Needed to get to the dialysis session or would have been late and possibly not got a session that day. The airport terminal complaints queue was huge and one couple were told that if they did not want their car that it could be deemed as a cancellation. Bit of a catch 22 don't you think. Took loads of pictures of all the damage to the car with over 50000 rental miles on board. It was a shed. I wrote to the UK company 2 times and was told to call the hire company. No answer given over the weekend and then no English spoken. Next told to get the car collected by roadside assistance. So I was going to have to do the running around. Then they wrote back saying take it and exchange it at the airport. My holiday was already ruined by not being able to use the car then I should waste another half day driving to Palma? I just took it back at the end and then they still diddled me out of .25 of a tank of fuel. I want the rental fee back. asI did not get what I purchased and what I did get was not of an acceptable standard. I have photographic evidence of the car damage at collection.
    • IAmWales
    • By IAmWales 18th Jun 17, 6:50 PM
    • 781 Posts
    • 1,642 Thanks
    IAmWales
    • #4
    • 18th Jun 17, 6:50 PM
    • #4
    • 18th Jun 17, 6:50 PM
    When you book a car rental you book a car type, not a specific car.

    You say the car was not roadworthy, but then you drove it 80km (the reason for doing so is irrelevant). Therefore it clearly was roadworthy, albeit with some faults.

    Contact the CC provider and submit a s 75 claim, but be aware they may well raise the above points.
    • Geoff1963
    • By Geoff1963 18th Jun 17, 7:16 PM
    • 224 Posts
    • 121 Thanks
    Geoff1963
    • #5
    • 18th Jun 17, 7:16 PM
    • #5
    • 18th Jun 17, 7:16 PM
    you drove it 80km . . . Therefore it clearly was roadworthy
    I think "roadworthy" means more than "it was capable of being driven 80km".

    We should think about, "of merchantable quality" ; or "safe". Last I heard ( a while ago ), Spain has no MOT.
    • eskbanker
    • By eskbanker 18th Jun 17, 7:18 PM
    • 4,739 Posts
    • 4,478 Thanks
    eskbanker
    • #6
    • 18th Jun 17, 7:18 PM
    • #6
    • 18th Jun 17, 7:18 PM
    When you say you booked through a UK company, was this the same company as the actual car hire provider? Section 75 won't apply if you booked through an intermediary such as Expedia, Holiday Autos, etc, and then had the car physically provided by a different company.

    Also, if/when raising a s75 claim, make sure you differentiate between what's actually relevant and all the background noise (similar car, vehicle mileage, not speaking English, fuel level issue, etc)! Bear in mind that you're trying to hold the card company legally responsible for a breach of contract, rather than going through a complaints process (have you already done this via the hire company?).
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