Car hire: can this be challenged?

moneytroll

Not sure where to post it.
I booked and pre-paid in full a car with Auto Europe. (They were the broker, the actual company is Global).
My flight was late and when I finally arrived I was told that my car category was given away and if I wanted to get a car from them, I would have to pay another few hundred Euro to get the upgraded deal (more than I paid already originally).

I was furious and didn't want to pay more money to this car company so I took a taxi instead. I don't understand how they can just give away a car that has been fully paid for and not even offer a refund after giving it away. It should be either one or the other: either car should be waiting for the period that it has been paid for or refund should be given if the car is not available anymore! Otherwise they are just making double on the same car! How is this legal?

Is there anything I can do at all? I am now basically without a car which is bad enough but it doesn't seem that it's possible to get a refund because Auto Europe has a 48 hour cancellation policy.

Aylesbury_Duck

What do your terms of hire say?

Nebulous2

You didn't cancel. They did.

Have you contacted Auto Europe to put in a complaint?

How did you pay? You could possibly go back to your bank or credit card company and ask them to do a chargeback. I'd go through Auto Europe first though.

loskie

Auto Europe will buy your hire for peanuts, they obviously sold your hire for much more, the normal thing would be for them(hire co) to provide you with an upgraded car at no extra cost.
I have had a number of hire cars over the years usually from a broker including AutoEurope and so far must have been lucky; touch wood!
I know when you arrive at the hire desk you are usually knackered but there will be an emergency number for AutoEurope which you should have and should still contact.

photome

how late were you and what do the terms say

I know when I was 24 hours late in the US recentley it took many calls and emails to stop them canceling the hire before I arrived.

If they had have cancelled it was going to cost me 3 times as much as what I paid

moneytroll

I put down the flight number on Auto Europe's website (BA0994): however for some reason - and I don't know why - the number came through as B 00). This is a mystery and I don't know why it didn't go through as the correct number.
I was a couple of hours late but I was assuming they would check my flight number.
I am mainly puzzled why they give something away if I paid for it in full: this seems completely against reasonable trading standards it would seem. If will call Auto Europe again today (yesterday I called three times but customer services were shut and I was speaking with a local office in Portugal).
I will also try my credit card company.

Conditions from Auto Europe's site:
Auto Europe has no cancellation fee when Auto Europe is advised 48 hours prior to the reserved rental start date. Auto Europe
does not charge any amendment fee up to 48 hours prior to rental start date however should a reservation be amended the client will
have to pay the rate available at the time of change. No refund is possible for cancellations less than 48 hours prior to the reserved
rental start date & time and for cancellations after the planned pick up date. Auto Europe does not refund if the client shows up to
the counter without a valid driver's license. Auto Europe does not refund if the client presents an unacceptable credit card at the
counter. Auto Europe does not refund any unused days if the customer does not show up, shows up over 2 hours late without
contacting Auto Europe or returns the vehicle early. In case of a cancellation due to officially acknowledged Force Majeure Auto
Europe will waive the cancellation fee and charge an administration fee of EUR 30/GBP25 only.

It says nothing about leaving a customer without a car if it was pre-paid in full, only mentions cancellation.

AdrianC

moneytroll wrote: »

I put down the flight number on Auto Europe's website (BA0994): however for some reason - and I don't know why - the number came through as B 00). This is a mystery and I don't know why it didn't go through as the correct number.
I was a couple of hours late but I was assuming they would check my flight number.

But you'd given them the wrong, non-existent flight number...

I am mainly puzzled why they give something away if I paid for it in full:

...but...

Auto Europe does not refund any unused days if the customer does not show up, shows up over 2 hours late without contacting Auto Europe

I assume your "couple of hours late" is more than two hours late? There y'go, then.

It says nothing about leaving a customer without a car if it was pre-paid in full, only mentions cancellation.

It does. It mentions something that covers your PRECISE circumstances.

marlot

I've heard of this before and it seems to me to be an unfair contract term. I'd love to see it tested in court.

I'd suggest writing a letter before action, then issuing a moneyclaim online - it doesn't cost very much.

brianposter

In reality it is the "2 hours late" contract term which is not reasonable. It is useful to the car hire company in that it provides some guidance as to when to release a car but it is also clear that many people will arrive over 2 hours late without being able to inform the hire company.

Given that it is a standard term in hire contracts you cannot (as far as I am aware), shop around for someone who does not include that term.

Consequently I would be inclined to suggest to Auto-Europe that you would like a refund and that, if necessary, you are prepared to go to court to challenge a refusal to refund.
You may have to explain that in Britain there is legislation about "unfair contract terms".

AdrianC

brianposter wrote: »

You may have to explain that in Britain there is legislation about "unfair contract terms".

The OP's contract was in Portugal, though.

brianposter

OP had a contract with Auto-Europe made in (presumably) the UK.