Avis switzerland admin fee for traffic offence?

scofra

We rented a car from Avis at Basel airport in July 2013. A week ago, we got a letter informing us that, while travelling in France, a speed camera caught us over the speed limit.

The Avis administration fee quoted in the letter is CHF 50 "in accordance with our rental conditions (act. 6j)". I can't find our rental contract papers just now; but I have checked Avis swiss website and the administration fee says CHF35 (???!!).
I have emailed Avis.ch directly to get a copy of the contract T&Cs; but they haven't responded yet (Avis T&Cs are country specific).

In the meantime, if anyone rented a car from Avis Switzerland this summer, and has their contract: could you please tell me what act. 6j reads? Thanks in advance!

scofra

Replying to myself (still have questions though): finally found contract. Act 6j. reads: "Upon return of the rental vehicle, the renter must pay: ... (j)tickets/fines and related charges".
There is no mention of any "handling" or "administration fee", let alone any amount that may be payable to Avis in such a circumstance (see avis claim in OP).

Is the legal term: breach of contract? Or is there another one for this case? If someone knows the exact legal term, please let me know as:

I have contacted Avis CS asking for refund of "handling fee" and foreign transaction bank fee on 16/09 (and more times since, Facebook post as well): no update as yet on what they are doing. Moved to BVRLA, and ECRCS: no luck there as they don't cover Switzerland. Just contacted Federal Consumer Affairs Bureau in Switzerland and Citizens Advice bureau: waiting for their response.

Forgot to say: Although car was hired from Avis in Basel, the reservation was made through British Airways' website and paid in full at the time using AVIOS points. Which country in this case is more likely to help? Should I have contacted BA? Thanks for your help!

HO87

Almost certainly the situation will be governed by the contract that you signed regardless of how the booking was effected. Pre-booked car hire in my experience simply issues you with a voucher that you can redeem against a rental. If the contract was actually signed in Switzerland then the chances are that Switzerland is the determining jurisdiction.

Regardless of what you have been told subsequently, Avis.ch's published t&c's make it plain that, subject to change, an administration fee is payable when they have to provide the authorities with renter's data, as they describe it, after a traffic violation. The fee mentioned is CHF35 but immediately underneath that it says:

Prices incl. VAT, subject to changes

Wriggle room? Not sure there is any without sight of the contract itself.

scofra

Thanks HO87!
In a post I read on this Forum, I remember someone saying that it was the contract that was signed that is binding, regardless of what was or is mentioned on the trader's website.

Since the original rental agreement I signed (and I have it safely here) doesn't mention ANY handling fee in case of traffic violation/ parking ticket/ etc... (exact wording is: "Upon return of the rental vehicle, the renter must pay: (a) ... (j)tickets/fines and related charges"); surely Avis is not adhering to its own terms?

Coupon-mad

I agree with you and would take that up with them. Make yourself annoying enough and they'll refund to get rid of you!

scofra

Avis eventually refunded the CHF 50 handling fee under the reason that "the terms and conditions perhaps lack some clarity." (I like the "perhaps"....).

Conclusion: as always... worth checking the fine writing (and being persistent!)

Coupon-mad

Well done!


Have you got the email of the person who cancelled please, if it was the UK Head Office or MD or someone else with national UK clout? I would like to add the Avis Hire email as info for newbie, to the 'successful complaints about PPCs' sticky thread (where someone has already given me the email addy from Hertz).

Thanks in advance.

dzug1

scofra wrote: »

(exact wording is: "Upon return of the rental vehicle, the renter must pay: (a) ... (j)tickets/fines and related charges");

It's at least arguable that a handling fee is covered by 'related charges' - though agree it could be clearer

qwertywoo

DO NOT USE AVIS CAR HIRE! We visited Spain in July 2013 and hired a car, booked earlier in the UK through a website called DoYouSpain.com. We arrived at the Malaga Railway office and paid with our credit card.

Once back at home in September, we received a letter from Avis Malaga stating that the Spanish authorities had contacted them regarding a traffic violation we had committed. Neither of us have ever committed a traffic violation or had points on our licences, but fair enough - we were in a different country and perhaps had made an error. Avis deducted £34.00 from our credit card as an administration fee for them 'passing on our details'. They said that the Spanish authorities would be in touch soon with details of their own fine. Several months later, at the close of 2013, the Spanish authorities have still not been in touch.

When we contacted Avis Malaga, they have said that they "cannot find the name of the Spanish authority they gave the information to". What?! If we committed a traffic offence, why have the Spanish authorities not been in touch with us? And why can't Avis pass on the details of the authorities so WE can contact them? This has lead us to believe this is a huge scam that Avis (or that particular office) is making a healthy profit from. DoYouSpain has been of no help either. Avis are LYING, CHEATING SCAMMERS - we will obviously never use them again.

BrightonandHove

Time to contact Larry ( I'm sure he can help being the President of AVIS Europe ) :

[EMAIL="Larry.DeShon@avisbudget.com"]Larry.DeShon@avisbudget.com[/EMAIL]