Car Hire Refund. How to proceed?

unholyangel

OP I think you're on a hiding to nothing I'm afraid.

You say you made 4 phone calls in the space of 45 mins. Why 4? Why not just 1? I'm sorry but any time I call a company about a problem, I don't usually do it unless I have less than half an hour to spare. I wouldn't call if I just had 5-10 mins to spare. And I'm still rather puzzled why you'd hang up after just 5-10 minutes anyway and wait less than a few minutes before calling them back for another 5-10 minutes :S

Quite realistically, you have no prospect of success. Generally speaking, theres no duty of care to stop another suffering a pure economical loss. And even for it to qualify as pure economic loss, there would have had to have been a negligent act on their part rather than your own. Put quite simply, they weren't even in breach of contract - never mind negligent in that breach.

annoyedorange

susancs wrote: »

OP, what was the company you used to make the booking? The reason I ask is so that we can look in more detail at the terms and conditions you agreed to when booking. If for example they state that not having the required documents at the time of pick, would result in no refunds then you would have no comeback regardless if they offer a free ammendment service to those with the correct documentation.

The booking operator in question would've been carrentals.com. I think the TnC that you're looking for would be as follows:
A 'No-Show' is when you:
wish to cancel but don’t tell us before your rental is due to start, or
fail to pick the car up at the arranged time and date, or
fail to provide the documentation that’s required to pick the car up, or
fail to provide a credit card in the main driver’s name with enough available funds on it.
In all of these cases, you’ll receive no refund of the money you’ve paid.

Please note that the car hire company reserves the right to refuse the car to any customer who fails to arrive on time with all necessary documentation and a credit card with enough available funds for the car’s security deposit. In such a case, unless the rental has been cancelled in advance, the customer will not be entitled to a refund.

Just wondering does my case fall into this clause? I'm asking because like my previous posts mentioned, I'm asking on the basis that I want an amendment prior to pickup time. If it does then I shall rest my case.

unholyangel wrote: »

OP I think you're on a hiding to nothing I'm afraid.

You say you made 4 phone calls in the space of 45 mins. Why 4? Why not just 1? I'm sorry but any time I call a company about a problem, I don't usually do it unless I have less than half an hour to spare. I wouldn't call if I just had 5-10 mins to spare. And I'm still rather puzzled why you'd hang up after just 5-10 minutes anyway and wait less than a few minutes before calling them back for another 5-10 minutes :S

Quite realistically, you have no prospect of success. Generally speaking, theres no duty of care to stop another suffering a pure economical loss. And even for it to qualify as pure economic loss, there would have had to have been a negligent act on their part rather than your own. Put quite simply, they weren't even in breach of contract - never mind negligent in that breach.

Thanks for explaining. It was because at that point of time I didn't see the chances of getting a refund/amendment. I did wait on line for a few mins each of the 4 calls but gave up soon after. Hence I focused more of my efforts to place a new booking after a few tries. Well, I guess my case isn't very strong, sadly. Would it be the same outcome if one had other reasons for an amendment and they fail to deliver? Or would they also not be obliged to refund when they fail to amend?

Once again thanks both of you for giving me proper explanation and not resort to calling me names.:beer:

unholyangel

annoyedorange wrote: »

The booking operator in question would've been carrentals.com. I think the TnC that you're looking for would be as follows:
A 'No-Show' is when you:
wish to cancel but don’t tell us before your rental is due to start, or
fail to pick the car up at the arranged time and date, or
fail to provide the documentation that’s required to pick the car up, or
fail to provide a credit card in the main driver’s name with enough available funds on it.
In all of these cases, you’ll receive no refund of the money you’ve paid.

Please note that the car hire company reserves the right to refuse the car to any customer who fails to arrive on time with all necessary documentation and a credit card with enough available funds for the car’s security deposit. In such a case, unless the rental has been cancelled in advance, the customer will not be entitled to a refund.

Just wondering does my case fall into this clause? I'm asking because like my previous posts mentioned, I'm asking on the basis that I want an amendment prior to pickup time. If it does then I shall rest my case.

Thanks for explaining. It was because at that point of time I didn't see the chances of getting a refund/amendment. I did wait on line for a few mins each of the 4 calls but gave up soon after. Hence I focused more of my efforts to place a new booking after a few tries. Well, I guess my case isn't very strong, sadly. Would it be the same outcome if one had other reasons for an amendment and they fail to deliver? Or would they also not be obliged to refund when they fail to amend?

Once again thanks both of you for giving me proper explanation and not resort to calling me names.:beer:

No reason to name call - we all make mistakes that with hindsight seem silly. Good judgement is the result of experience. And experience is the result of bad judgement

Likely you'd still have no case. They'll arguably be able to prove that they were answering calls. Unless they make a promise to answer all calls within x times and fail on that promise, they've still not breached the contract in any way. Especially looking to make an amendment 45 minutes before the booking time. Think about if they contacted you less than 45 minutes before you were due to pick it up and said they wanted to change your booking, would you think that was reasonable notice? The fact that they would have done it at that short notice isn't really relevant - its them going above and beyond really. People aren't expected to be perfect - just that their duties are carried out with reasonable skill and care.

As for their clauses...all rentals I've had required me to show my driving licence upon collection of the vehicle. If that is the case here, yes that would likely apply as you failed to show a valid licence (as in not valid with the details you provided them when booking - for example your age). I can't imagine any rental place not confirming they had a valid licence - it would be insane if they didn't check.

marliepanda

You failed to provide the documentation required - ie ID showing you were 23. You are a 'no show'

annoyedorange

unholyangel wrote: »

No reason to name call - we all make mistakes that with hindsight seem silly. Good judgement is the result of experience. And experience is the result of bad judgement

Likely you'd still have no case. They'll arguably be able to prove that they were answering calls. Unless they make a promise to answer all calls within x times and fail on that promise, they've still not breached the contract in any way. Especially looking to make an amendment 45 minutes before the booking time. Think about if they contacted you less than 45 minutes before you were due to pick it up and said they wanted to change your booking, would you think that was reasonable notice? The fact that they would have done it at that short notice isn't really relevant - its them going above and beyond really. People aren't expected to be perfect - just that their duties are carried out with reasonable skill and care.

As for their clauses...all rentals I've had required me to show my driving licence upon collection of the vehicle. If that is the case here, yes that would likely apply as you failed to show a valid licence (as in not valid with the details you provided them when booking - for example your age). I can't imagine any rental place not confirming they had a valid licence - it would be insane if they didn't check.

Your example of switching it around sounds fair enough. I wished they gave me a clearer explanation instead of picking on different reasons at every reply. It came to the point where they straight out said that the number I called didnt belong to them, which I found to be very unprofessional. Could've saved me lots of emails back and forth. Nonetheless, shoutout to the staff of Europcar that handled my new booking in Birmingham Airport. It was a breeze and hassle free. I cant say the same about the other branches as I see very very bad reviews on trustpilot.

marliepanda wrote: »

You failed to provide the documentation required - ie ID showing you were 23. You are a 'no show'

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