Rented airbnb car unsafe to drive, causing scrape damage

vitamin_joe

Hi, my pal rented a car through airbnb. We are in Spain. From the first, the car has been stalling in 1st and 2nd gear... My pal thought she simply wasn't driving well due to not being used to it.

We drove up a large mountain. At the top, the car was stalling more, maybe due to thinner atmosphere? The engine management light came on orange. We decided to drive down. My pal did not feel safe taking the sharp bends in 2nd gear in case the car stalled and we lost control on the mountainside. So she was driving in 3rd gear and scraped the car on a bend.

My question is about our legal position. The guy renting the car to us stated at the beginning that we would not be charged more than 300 euros for any damage. We have been told by airbnb that he can take any amount if he chooses. We haven't signed any documents and there was no damage inspection when we took over the car. Airbnb's position seems to be that as this guy is a 'superhost' they will back him whatever he chooses to do.

Thanks. Not been the best day, appreciate any advice!

EveryWhere

What's the question? That you want to avoid paying the 300 euros if he asks for it?

Any reason why you chose that method over an official car rental and car hire excess insurance?

vitamin_joe

The main question is, do we have a way of stopping the renter from taking more than the agreed 300 euros? In addition, do we have any other legal safeguards that we are not aware of?

vitamin_joe

EveryWhere wrote: »

Any reason why you chose that method over an official car rental and car hire excess insurance?

My pal saw the airbnb ad and thought a rented camper van would be a fun (and cheap ) way of exploring.

EveryWhere

vitamin_joe wrote: »

The main question is, do we have a way of stopping the renter from taking more than the agreed 300 euros? In addition, do we have any other legal safeguards that we are not aware of?

I am genuinely dumbfounded.

I would have thought and asked about all of that, before I considered and actually accepted the vehicle.
Did you imagine that there was never going to be a possibility of loss or damage?
No one here, other than yourself, has actually seen the advertisement. If nothing is mentioned there about limited liability, you've certainly made some problems for yourself.
It could be that his liability is limited to 300 euros in the event of any damage. But it appears you have nothing recorded to that end.

Not sure that this is the board on which you will get the best advice. This is you hiring a car from a private renter..in Spain....with no idea as to your level of insurance. Fun indeed.

cubegame

I used to have a car that occasionally stalled like this but never got into a situation that I could have lost control of the car when it happened so I'm not sure how you did.

Perhaps you were just going too fast in the first place?

bagand96

vitamin_joe wrote: »

The main question is, do we have a way of stopping the renter from taking more than the agreed 300 euros? In addition, do we have any other legal safeguards that we are not aware of?

Unfortunately, I think this question is answered by

vitamin_joe wrote:

We haven't signed any documents and there was no damage inspection when we took over the car.

Without having a contract, I doubt you have any legal position.

I’m unaware of Airbnb doing vehicle rentals. I know in addition to their core accommodation offering, they now do experiences, perhaps your friend found the advert for the vehicle on there? What did the advert say about damage, insurance etc? I’d get a copy of that advert saved if I were you.

This seems naive at best, so many questions, like what type of insurance was in place? Were you even insured? Do you have proof of that? Without seeing any documents? What if you’d hit someone else’s vehicle and caused damage?

Imagine if I was considering renting a vehicle, but a friend of a friend in the pub said “oh my mate John will lend you his car for a week for £50” It strikes me at the moment that you're in that sort of arrangement. You can just hope that the guy stands by his claim of charging 300, or is willing to compromise on discussion of the vehicles state.

The_Fat_Controller

I hope your stupidity does not cost you dearly !

Did the car actually have insurance with an excess of a maximum of 300 Euro ?

Did you sign an agreement ?