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Europcar Spain/Jet2 advice needed

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ADVICE GREATLY APPRECIATED; we recently holidayed in Spain and rented a car through Jet2 (who we had flights with). We have previously booked direct with both and had no problems.
When we arrived in Spain, Europcar told us that we had booked a Smart car- we are a family of 4. We disputed this but our paperwork did not show which car we had booked, so we had no choice other than to pay for an upgrade. The assistant explained that they had recently changed their 'mini's' to 'superminis'. An additional 600 Euros was reluctantly agreed, as the 'only car available' was a brand new Audi Q3.
Whilst we were waiting the considerable time for this car to arrive, we had an in depth scout around the car lot- NO smart cars were there. At this point, we realised we had probably been made idiots of but could not think how to resolve the issue.


We had no problems with the car; the holiday was great. We put the additional 600 Euros down to experience and decided not to book through a third party again.
When we returned the car, a service assistant ran after us to take our contract- he insisted we gave it to him, spoke only Spanish and we had a flight to catch, so we (stupidly) gave him the paperwork.
Still, we thought we would pay the 600 Euros on our credit card and learn our lesson.


However, when our credit card statement came through, we have been charged over £1000! We contacted Jet2 (as the original contract was with them) with our dispute. We disputed the amount with the credit card company, who said we had to give Jet2/Europcar a chance to explain/remedy the situation before they would get involved.
We complained to Jet2 that we were 'supplied' with a smart car, which was not suitable for a family of 4, when we had booked a car that was appropriate; and that we were charged over £1000 rather than the 600 Euros agreed for the upgrade that we had no choice than to take.
This is the reply we subsequently received from 'Car Trawler';


Thank you very much for your correspondence in relation to the experience you had when renting with Europcar Spain through CarTrawler.
Please be advised that the vehicle that you have booked was mini category similar to a Fiat Panda, in addition, I would like to explain that the upgrade requested was not included in the price quoted for your original rental and was directly agreed at the rental desk.
I can imagine how inconvenient the additional cost must have been but I would also like to confirm that the upgrade was stated on your rental agreement which must be read and agreed to in order to process the release of the rented vehicle. As the upgrade has been accepted and signed for as per the rental agreement, I am unable to refund or force the rental agent to do so as you were fully covered by this policy for the rental period.
I am sorry that in this instance I am unable to offer a refund for the additional charges incurred due to the acceptance of this item, however I hope that you can understand our position in relation to this issue.


I have replied that had we been given a panda, for a family of 4, this would have sufficed and we would not have had to upgrade, or pay for such.
Also, why were we charged over £1000, which does not equate to the 600 Euros.
I suspect we will get fobbed off again, if we get a reply.
My question is- do I continue to pursue this with Jet2, as the original contract was with them? Or, is there a better way to progress this?
I am reluctant to pay anything but have accepted that we will have to bear the 600 Euros.
Many thanks in advance, Nicole

Comments

  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 2 July 2015 at 6:39PM
    However, when our credit card statement came through, we have been charged over £1000! We contacted Jet2 (as the original contract was with them) with our dispute. We disputed the amount with the credit card company, who said we had to give Jet2/Europcar a chance to explain/remedy the situation before they would get involved.
    Your credit card company are wrong to insist that you need to deal with anyone else before they become involved. Section 75 of The Consumer Credit Act makes the CC Co jointly and severally liable for performance of the contract. This means that you can choose to pursue either Jet2/Europcar or the CC Co for a resolution.

    And because it may be difficult to decide whether you should pursue Jet2 and/or Europcar, I would be insisting on dealing with the credit card company.

    You might find it useful to read MSE's Section 75 article.

    Here is a short quote from that article:
    Complaints about a product and the retailer/supplier isn't bust - go to the retailer first

    Here you may be met by "that's not our business, go to the retailer". Actually you don't have to, it is its business and you've a legal right to redress. The law makes clear that the credit company is jointly responsible, so there's no 'first point of call'.
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