Who Is My Contract With

sarahkmv

Hi all,
So quick summary - booked a car via 121carhire.com (a car hire trawler) - booked with Arguscarhire.com. When my booking confirmation came my car rental company was Record Rent a car (I know, I know!).


So, they took 91.59Euros at the airport for the fuel (stupid full tank policy). We were told if we returned it full we'd get a refund. They refunded us 51.15 Euros, so around 32 short. A few days after our return the have taken another 95 Euros, we can't work out why.


Despite a few e-mails and phone calls they are being very reluctant to deal with the issue and we feel fobbed off..


My question is can I call on 121carhire or Arguscarhire to step in? I can't figure out if I have a contract with either of them.


Obviously I can go down the chargeback type route with my credit card, but any advice gratefully received.


Thanks.

bris

They will have an excuse ready so you need to know why they took it, if you dispute this then try a charge back.


The problem with a charge back is that it will not work as it's standard practice in the industry to charge like this for fuel, damage etc. So when they reply to the charge back they give their reasons and the bank can't do the charge back as it is a legitimate reason as you authorised it at the time of booking (your word against theirs).


This leaves the small claims court.

bris

Oops sorry forgot the main question, your contract is with the rental company not the booking agent, here is the closest thing I can find to the scenario from citizens advice but it is exactly the same.


You bought the holiday from a travel agent

When you buy a holiday from a travel agent, this doesn't always mean that you've entered into a contract with them.
The job of a travel agent is to act as an agent for other service providers who it puts you in contact with. These service providers can be, for example, accommodation owners, an airline or a tour operator providing a package holiday. Your contract will probably be with one of these service providers, rather than with the travel agent.
However, if you booked any extras with the travel agent, separate from the holiday booking such as currency exchange, or arranging airport car parking, your contract for these extras may be with the travel agent.

sarahkmv

Bris,

thank you, that's what I thought, I appreciate your help. I'm thinking as Record are based in Spain then small claims become a bit pointless. It's just so frustrating.


We have all the paperwork to show they signed the car back in and everything. I have emailed them again and given them 7 days to respond, otherwise I will have to try a chargeback.