Service supplied not as ordered - who is responsible?

sghughes42

I'm not sure if this is the right forum for this, I tried on the car hire forum but got no useful replies.

I am currently in dispute with Atlas Choice car hire over a booking in Turkey last month. We booked a Renault Megane Estate for a holiday I was having with three friends. We needed the larger car due to the amount of luggage we had plus the fact we had some long journeys planned.

On arriving at Antalya airport I was presented with a Renault Symbol which is basically a Clio with a boot. I was told they had been let down by their supplier and that was all they had. However, I had read beforehand quite a few cases where similar things had happened to people using Atlas and they carefully don't use industry standard codes so you can't verify the exact car type you have booked. I decided that it was wortht taking the risk of booking still as there was still a majority of positive feedback and I thought even if I went one car size down it would still be big enough. Two sizes down, however, proved to be far too small - my friends weren't impressed at having to carry their luggage on the back seat with them...

I complained to Atlas but they passed the complaint straight on to the car hire company. Is this the correct way to handle it? Surely as I booked with Atlas and paid them, surely my contract is with them and they should be dealing with the complaint direct? The car hire company is doing a mixture of stretching the truth and downright telling lies so it doesn't look like I'm going to get far with them.

My other thought was that I paid for this on a credit card. Would there be any mileage in starting a claim via the credit card company, or will they just tell me to sort it out with Atlas - after all, I did get something, even if it wasn't what I ordered.

When it comes down to it, the price difference was only about £40-50 and we did manage but really they shouldn't take bookings if they don't have the cars and could easily have let me know beforehand if there was a problem - indeed, I was in email communication with their headoffice the day before flying out as I needed to check what documentation the second driver needed as she doesn't have an EU license.

bigadaj

I'd go straight to your credit cRd provider and get at least a partial refund, this the leaves them with the problem of getting the money from the agent or company.

I had something similar on hotel bookings, got chargeback for the full a amounts as for one hotel we were kicked out on night two of a three night stay and another where the alternative hotel was inferior to that we booked. The vendor may well refuse this but just stick to your guns.

Buzby

Really difficult, because you accepted the car that was offered. If the car was of a lesser spec, then you would (should) have agreed a rental rebate on the total hire cost base on the downgrade. If they refused, then you walk away and the deal s cancelled.

By accepting the car and letting the hire run its length, it will be viewed as a ploy to cut costs, when the time to negotiate this was before accepting the keys and driving away.

You may find it very difficult to get them to accept that you took the car under duress, as far as I've been aware, NO rental company will guarantee any car class due to the reasons you outlined.

exel1966

It's extremely rare for a rental company to guarantee a particular type/model of vehicle to a customer. Atlas are a third party agent and get there cars from regular hire companies, therefore they cannot guarantee their supplier will have the exact vehicle you want. Do you have written confirmation which states you would receive a Megane Estate or does it state something on the lines ;

Vehicle Group/Model We are unable to guarantee a particular make, model or fuel type of car. The car shown on your voucher is for guidance only and may be substituted for an alternative, similar or upgraded car (at no extra cost) at our option.

(It's not a case of them using differing codes to confuse. Just about EVERY rental company will have the above/similar clause.)

I suspect the latter, however you did sign and agree to accept the smaller car at the same rate. Did you ask for any discount at the time? Did you ask for it to be noted on the system at the time so you could later complain?
What company did the car actually belong to ? As I said earlier Atlas are an agent for the hire company, S75 of the CCA does not cover third party involvement. It may well invalidate any claim if entitled which I suspect you are not.

I don't believe you have any comeback from the card company due various reasons, but don't let that stop you trying. If you want to put a lot of time/energy into pursuing it go ahead, but for the sake of £50 is it really worth it?