Enterprise car rental

McKneff

But you said it was commission on a sale, you may not have made the sale,

clsmac

Because you hired the car as a consumer I don’t think you could claim any business losses but I hope im right in thinking because you booked the car as a consumer you can claim the cost of the hotel you and your wife paid for as consumers and was not able to use.
Can I ask why you didn’t take the 11am car

McKneff

r0b1n wrote: »

I had paid in advance for the hotel room £60 non-refundable and if I had made the trip I would have made £220

So you lost £60

Take that from the £220 you might have made

£160

Take food /drink/entertainment away

Take petrol costs away

Take hire of vehicle cost away

Take excess insurance away

Doesnt look as if you have lost much really.

Think about how much you saved by your OH not doing any shopping in London also:D

r0b1n

One of reason I didn’t take the car they offer me at 11am was a small fiat punto with only driver and passenger front air bags the car I booked was a 2L Vauxhal insignia which is a lot safer I would never want to do 70mph in a 1L punto.

the book in time for the hotel was before 1pm this was due to the Xmas/ new year period there normal book in time was 2pm but if i got the car at 11am checked it over for damage filled in paper work put fuel in 2 1/2 to 3h drive would still not make it

clsmac

Lol I don’t think I would want to either.

It does really matter what car they offer you at 11am the agreement was for them to supply you with a car at 8.30am which they agreed to do but on the day did not

ThumbRemote

McKneff wrote: »

So you lost £60

Take that from the £220 you might have made

£160

Maths is presumably not your strong point.

Lost £60. Lost chance of earning £220. Total £280.

ThumbRemote

clsmac wrote: »

Because you hired the car as a consumer I don’t think you could claim any business losses but I hope im right in thinking because you booked the car as a consumer you can claim the cost of the hotel you and your wife paid for as consumers and was not able to use.
Can I ask why you didn’t take the 11am car

As clsmac says, you can almost certainly claim the out of pocket expenses for the hotel - you have provable losses of £60 due to their breach of contract.

Write, enclosing a copy of the proof of hotel loss. You might have a fight on your hands to get it though.

System

r0b1n wrote: »

the book in time for the hotel was before 1pm this was due to the Xmas/ new year period there normal book in time was 2pm

Eh? Hotels give earliest book in times not latest.

McKneff

ThumbRemote wrote: »

Maths is presumably not your strong point.

Lost £60. Lost chance of earning £220. Total £280.

Sorry, blonde moment but like I say

The sale was not definite, as you say, chance of earnings

But also like you say, try for the £60, I certainly would.

unholyangel

You cannot claim for "coulda woulda shoulda". You can only claim for provable losses that arise as a result of their breach. Can you prove you definitely lost the commission as a result of their breach or is there a chance that you might not have gotten it anyway?

You cannot claim your hotel AND loss of commission as this would lead to you being compensated twice over. If you had gotten the commission or not, you still would've paid for the hotel. Likewise I think you might struggle to claim consumer contract and loss of commission.

What evidence do you have to prove you tried to mitigate your losses? This is a very important part. You have an obligation to try to do so to keep your losses to a minimum. Did you call the hotel and ask them if you could check in perhaps 30 mins late? Did you call the client and advise them of what happened and ask if they were willing to wait or reschedule? Did you call and get a price for a taxi? Will the train timetables reinforce your claim a train was impossible or will it show the opposite?

You cannot simply turn down a car because it only has front airbags (I thought it was only you and your wife anyway?). As above, you have a duty to mitigate your losses to keep them to a minimum. The only way turning the alternative car down would likely be acceptable is if the hotel wouldnt show any flexibility and you would lose your booking and your client wasnt willing to wait/rearrange either.