Can they take legal action

redhead123

Hi,

I am posting this on behalf of a friend who has had an email saying that he could face legal action.

He hired a bike on holiday in France - he booked it online while at home in the UK but didn't sign a contract or hand over any money. They didn't take a deposit when they dropped them off as stated in their terms and conditions. After one day, despite two secure locks, the bike got stolen outside his hotel.

He reported it to the police. When they (the bike company) came to see him after the theft, they agreed verbally on 550 to cover it – he paid them 200 euros there and then; now they’re threatening legal action if he doesn’t hand over the rest 350 euros; apparently in their terms and conditions the hirer is responsible – their insurance doesn’t cover it. He said this wasn't made clear when they delivered the bikes. I’m not sure where he stands – there was nothing signed and they didn’t take any money as stipulated in their contract (so was it legally binding) – or should he just pay up? Hmmm.

On the site it says: Deposit:
We require a deposit to reserve a bike. The deposit will be either the first day of the rental for rentals of 3 days or less or the first 2 days of the rental for rentals of 4 days or more. Deposits can be made on-line with a credit card (Visa or MasterCard) or by calling the shop directly. Directions for paying the deposit will be included with the confirmation. Renters should make the deposit payment within a week of making a reservation and receiving confirmation. If we do not receive a deposit the rental will be assumed to have been cancelled.

I did read something in the terms and conditions which said the borrower is responsible - and he did tick the box to say he's read the terms and conditions - how legally binding is this ? They have his email address and phone number. If they threatened to sue how would it work as they are in france? Different law but I suspect small claims court. Should he offer to pay in installments?

McKneff

Just a thought but would his house contects insurance cover something like this.

Optimist

There is a European small claims process so yes theoretically they can take him to court and it would be a French court.The judgement would be enforceable in the UK

Hintza

Why did he not arrange suitable insurance or ensure suitable insurance was in place? Bit like hiring a car really.

In my view he is (at least morally) responsible for the loss and any nonsense about deposits etc is just a smokescreen.

redhead123

i think he thought that he would pay an excess - as like hiring a car you have to sign a form and agreed to any excess - but nothing like that happened. (He later hired another bike from another company and this is what happened - (he signed a form etc etc although luckily that bike didn't get nicked!) But the company apparently doesn't have insurance (they are only insured if it got nicked from their van, they say) and he didn't have any personal holiday insurance (at least that covered bikes) so i don't think his insurance will cover it (he has bike insurance but i don't htink it's for use on holiday)

I agree, I think he should have read it b efore he ticked the box, I did go mad at him for this- but I wonder will they really pursue it for 350 euros?

McKneff

Its worth ringing his house contents insurance surely.
Nothing to lose except the cost of a phone call

wealdroam

redhead123 wrote: »

He hired a bike on holiday in France - he booked it online while at home in the UK but didn't sign a contract or hand over any money.

A verbal contract is equally binding.

redhead123 wrote: »

When they (the bike company) came to see him after the theft, they agreed verbally on 550 to cover it – he paid them 200 euros there and then; now they’re threatening legal action if he doesn’t hand over the rest 350 euros; apparently in their terms and conditions the hirer is responsible – their insurance doesn’t cover it.

He agreed to pay 550 Euros but has so far paid 200 Euros... is that right?
If so, the surely you can see that he still owes 350Euros?

redhead123 wrote: »

I did read something in the terms and conditions which said the borrower is responsible - and he did tick the box to say he's read the terms and conditions - how legally binding is this ?

As stated above... a verbal contract is equally binding.

Mark_Hewitt

redhead123 wrote: »

, they agreed verbally on 550 to cover it – he paid them 200 euros there and then; now they’re threatening legal action if he doesn’t hand over the rest 350 euros;

I don't understand this bit at all! He agreed to give them €550, and gave them €200 up front. But is now refusing to pay the balance that he had previously agreed to? Is it me or does that not make any sense.

jimbms

He took delivery of the bikes and whilst under his control and responsibility they got stolen, he did not bother to ensure he had insurance or fully read the terms and conditions of hire. Simple answer he is responsible for the full cost and if they agreed to take a smaller value than they are worth then he should think himself lucky and pay up.