Chargeback problem

pigster

we hired a car last summer in france and did not pay the excess waiver insurance. We then drove into a giant hailstorm (stones the size of tennis balls) and the car was totally smashed up.

we had to pay over £1000 extra for the car damage and contested this with HSBC/Visa due to the event being an extraordinary natural phenomenon which caused vast amounts of damage in a small area of Burgundy.

We received a chargeback in November. However, Avis France are now pursuing us directly for the money although Visa has made the decision not to pay them.

Does anyone have any thoughts on this or previous experience?

Thanks!

[Deleted User]

What do the Avis t&cs say in regard to natural phenomena, acts of God etc?

antrobus

Deleted_User wrote: »

What do the Avis t&cs say in regard to natural phenomena, acts of God etc?

Nothing it appears.

The Renter shall be answerable for any damage or theft of the Vehicle or any one of its components, whatever the cause thereof. Any damage, whether giving rise to repair or not shall be charged to the Renter according to a price list available at the station, unless Excess Reduction has been taken out.

http://www.avis.co.uk/ProductsServices/Additional-Services/Rental-Agreement/France-Terms

Quite what the tribunal de commerce of Paris would make of that in the light of hailstones the size of tennis balls I do not know.

pigster

They seem to cover themselves but not the renter, unless I'm missing something.

apparently VISA got the money back from AVIS by arguing AVIS had not given us the chance to respond to the amount taken for damages before taking the money.

chanz4

still does not change the fact, you owe it and been an eu country could infact use our legal system

dalesrider

pigster wrote: »

We received a chargeback in November. However, Avis France are now pursuing us directly for the money although Visa has made the decision not to pay them.

Does anyone have any thoughts on this or previous experience?

Thanks!

No you asked your card provider to claim the moneyback and Visa backed the chargeback as Avis had failed to follow Visa's regulations.
Visa did not make a decision not to pay them....

Note these are Visa's regulations. Not a legal right.

As such if Avis feel they have a right to claim the money for the damage under their T/C.
Then to court it will go.

InsideInsurance

Of cause now not only do you have £1,000 to pay but the legal costs on top.

Why do you think hail storms should be covered at the expense of the hire company? Did they cause the storm? If it was your car, who would you be expecting to pay your excess?

Buzby

Unfortunately, you gambled and lost. I always pay the waiver as this protects me from most actions (unless I shred the tyres or damage the underside). The hailstones incident still requires the car to be repaired - as the renter unless you had it covered, it falls to you.

If you don't normally take the waiver, then the fact you never got caught out before shows how lucky you' ve been in the past.

bigadaj

Or use one of the brokers like insurance 4carhire as paying the waiver itself can be very expensive for more than a few days.