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Smoking in hire car - fine

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  • dannyrst
    dannyrst Posts: 1,519 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    GingerBob wrote: »
    It might be a place of work for them (arguably) but not for you.

    So I could go to any office I don't work in and smoke inside the office because I don't work there, regardless of whoever else does?
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    arkpallete wrote: »
    I don't blame you for not believing me about being stuck in traffic on a stormy, wet night on a motorway. Because I lied. They have never embarked on a traffic widening scheme on the M1, I have never driven back from Dorset to Yorkshire at night after finishing my job at 6pm, and it's a strange weather anomally that on a tiny island in the Atlantic we just don't get the bad weather. We're lucky really.

    Oh, I believe the traffic and weather. I just don't believe you had your head completely out of the car window. Nor do I believe that smoke then didn't enter the car, especially since your litter did.
  • BJV
    BJV Posts: 2,535 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Having worked in a garage in another life have to say £200 sounds cheap. We used to laugh so much because people would try and hid things like this all the time by "fitting" the seat cover or trim. There is fitting and fitting and to get it right certainly with the manufacture I used to work for the whole seat had to come out.

    I do think that they should be able to give you an invoice - you should not have to hound them but ????

    When I was a smoker |I used to make up any excuse. I would of done anything for my next fag!!! So I understand that you will make what ever excuse you think justifies it.

    As an ex smoker I actually don't blame them I think £200 is cheap. I can smell smoke from 50 miles in the wet with a force 9 gale ha ha and stale smoke is bad!!!!
    Happiness, Health and Wealth in that order please!:A
  • Sounds cheap to me, if they really wanted to sting you, seat on back order, car sits till new seat arrives, person responsible compensates for every day the vehicle cannot be hired and the cost of seat and fitting, thats how it works.

    The only way to avoid such charges is to fix the thing yourself before returning it, ie a new or very unused seat from a modern breakers yard fitted by you or your garage.

    I love the way people think they can abuse a hire car and then winge when doing so bites them in the behind, its called taking responsibility for your actions.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    Sounds cheap to me, if they really wanted to sting you, seat on back order, car sits till new seat arrives, person responsible compensates for every day the vehicle cannot be hired and the cost of seat and fitting, thats how it works.
    £350 excess...
  • Guest101
    Guest101 Posts: 15,764 Forumite
    dannyrst wrote: »
    So I could go to any office I don't work in and smoke inside the office because I don't work there, regardless of whoever else does?



    Smoking in a hire vehicle isn't a crime. But if you think it is, please point out the relevant legislation. IE S.1 of An Act 2016
  • cr1mson
    cr1mson Posts: 930 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    The Smoke-free (Exemptions and Vehicles) Regulations 2007

    11.—(1) Subject to the following paragraphs of this regulation, an enclosed vehicle and any enclosed part of a vehicle is smoke-free if it is used—

    (a)by members of the public or a section of the public (whether or not for reward or hire)
  • I don't believe it is illegal to smoke in a hire car, although there was a law a few years back about smoking in company vehicles. I assume these aren't enforced as I see van drivers each and every morning with their window down and smoke coming out.

    However, as the hire firm owns or leases the vehicle, you are abiding by their terms and conditions. The majority of hire agreements I have read (yes I know its boring but its my job) have a no smoking policy and it is difficult to get rid of the smell, once the vehicle has been smoked in.

    On top of this, as you have damaged the upholstery, you are liable for the replacement parts and of course the crazy labour rates that dealerships charge.

    They could also potencially charge you additional rental days whislt the car is off the road.

    However, the liklihood of the hire firm actually getting this repaired is minimal. Daily rental cars tend to go in and out everyday, should damage not be picked up there is a potencial to double charging. This isn't always the case with the short term lease supplies but more so on the independant daily rental and of course the big boys.

    They will be paying for it somewhere along the way and usually when the car goes back to the manufacturer or lease company, as one big bill.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    rhysadams wrote: »
    I don't believe it is illegal to smoke in a hire car, although there was a law a few years back about smoking in company vehicles.
    Simpler than that. It's the law against smoking in workplaces. A company vehicle is a workplace.

    I doubt it's illegal to smoke in a hirecar, either, but that's irrelevant - even if it was, the rental company can't "fine" you for breaking the law. They can, however, make you pay for the costs of cleaning the car after breaking their Ts & Cs by smoking in it, and they can certainly make you pay for the cost of repairing the damage arising from the hot ciggy meeting the seat fabric - and for their losses while the car is unrentable as a result. And if that lot comes to more than the excess on the insurance, then that's what you'll pay. £350, in this case.
  • rhysadams wrote: »
    I don't believe it is illegal to smoke in a hire car, although there was a law a few years back about smoking in company vehicles. I assume these aren't enforced as I see van drivers each and every morning with their window down and smoke coming out.

    "Company vehicles are required to be smoke free at all times if they are used:

    to transport members of the public, or
    in the course of paid or voluntary work by more than one person – regardless of whether they are in the vehicle at the same time."
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