Help - car accident , threatened and scaremongered

Voyager2002

CKhalvashi said:

Can I just point out that you have no automatic right to have a document translated. The car was hired in Greece and a Greek company is involved, therefore all information should be in Greek. If someone wants to provide a translation as a courtesy to you, then they are welcome to do so. I definitely wouldn't in this case as it could affect the legal situation should the matter go to court.

You will need to pay to get anything translated and then claim this back through the relevant party if this is possible.

It is your responsibility to read any terms and conditions that Expedia provided instead of assuming, as is always the case when entering into a legal contract. What you assume is completely irrelevant to the cover held.

The car hire was arranged through a UK website. I suggest that the contract was formed at that point; is governed by English law; and so there is a right to documentation in English.

CKhalvashi

Voyager2002 said:

CKhalvashi said:

Can I just point out that you have no automatic right to have a document translated. The car was hired in Greece and a Greek company is involved, therefore all information should be in Greek. If someone wants to provide a translation as a courtesy to you, then they are welcome to do so. I definitely wouldn't in this case as it could affect the legal situation should the matter go to court.

You will need to pay to get anything translated and then claim this back through the relevant party if this is possible.

It is your responsibility to read any terms and conditions that Expedia provided instead of assuming, as is always the case when entering into a legal contract. What you assume is completely irrelevant to the cover held.

The car hire was arranged through a UK website. I suggest that the contract was formed at that point; is governed by English law; and so there is a right to documentation in English.

It's more likely the case that OP has booked through an affiliated link of some sorts and the contract is actually a Greek one I'd have thought.

We need clarification on this from OP really, as it would clear the matter up, but as they don't seem good at reading contract documentation, I'm not sure we'll get anything but an assumption.

I know that our contracts explicitly state that any disputes need to be taken up in the court of the country that the dispute takes place, but then I'm not in general selling to holidaymakers. In OP's case though with similar wording, this would be purely a domestic Greek matter.

KirstyMacD2000

I read everything i assumed i needed too - we all live and learn. No one is perfect and at the end of the day if i wasnt entitled to anything translated the car hire company shouldn't have offered to do so right after the accident.
i've never been in this situation before, hense why i am here seeking advice.
The price i'm being charge for repairs is very nearly the price of a brand new car - therefore i am just looking for advice. As any company would just scrap the car. So i would be paying for repairs on something that isn't taking place. and also how am i to trust what the company is charging me when they have been contradicting themselves and try to secretly check my credit card balance by trying to process different amounts of money on my credit card whilst i was paying my excess.

Westin

Voyager2002 said:

CKhalvashi said:

Can I just point out that you have no automatic right to have a document translated. The car was hired in Greece and a Greek company is involved, therefore all information should be in Greek. If someone wants to provide a translation as a courtesy to you, then they are welcome to do so. I definitely wouldn't in this case as it could affect the legal situation should the matter go to court.

You will need to pay to get anything translated and then claim this back through the relevant party if this is possible.

It is your responsibility to read any terms and conditions that Expedia provided instead of assuming, as is always the case when entering into a legal contract. What you assume is completely irrelevant to the cover held.

The car hire was arranged through a UK website. I suggest that the contract was formed at that point; is governed by English law; and so there is a right to documentation in English.

Whilst asked previously by you and another MSE poster, I don't think this was established as fact.  

There were certainly assumptions made about what might/could/should be included if booked on expedia.co.uk but I don't think the OP checked these when making the reservation or has confirmed the agency party.  Quite possible that if the OP was in Greece and typed in Expedia in a search or typed Expedia.com was taken to the US site.

Either way I think to progress matters the OP has been given suggestions on how to obtain a translation under their own initiative. 

CKhalvashi

OP; Who did the original payment go to? The car hire company or Expedia? This will likely (but not always) be who your contract is with. If you know this, then even more perfect.

As asked by several, where were you when you booked the car hire, and which version of their website were you on? (UK, US, Greek etc)? Were you taken to another website to actually book?

What are the actual terms of the damage waiver that you have in place? Other posters will be more knowledgeable in this one than I am.

As far as I'm aware, Expedia (unless you paid them, meaning their name is on your bank statement for the car hire, then this situation may be different) have been nothing more than a marketing agency, in this case simply referring you to the hire car company. If your contract is with Expedia, then asking them to translate any documents is reasonable, whereas if it's with the hire car company, probably not.

If the cost of repairs is almost the cost of a new car, then you'd owe them a new car, minus any insurances that will pay in this situation. You should only be paying the lower of the cost of a new car (possibly with any fleet discounts included) or the cost of repairs. This part is clear and I don't think there's any argument about that from anyone.

Voyager2002

Westin said:

The car hire was arranged through a UK website. I suggest that the contract was formed at that point; is governed by English law; and so there is a right to documentation in English.

Whilst asked previously by you and another MSE poster, I don't think this was established as fact. 

Somewhere on the first page the OP said that the booking was made on the Expedia UK site.

Westin

Voyager2002 said:

Westin said:

The car hire was arranged through a UK website. I suggest that the contract was formed at that point; is governed by English law; and so there is a right to documentation in English.

Whilst asked previously by you and another MSE poster, I don't think this was established as fact. 

Somewhere on the first page the OP said that the booking was made on the Expedia UK site.

Not wishing to split hairs and apologies if I may have missed that clear fact.  Having however looked through the thread I can see the question asked several times and then assumptions made what Expedia U.K. may or may not include, but not clarity on if the agency booking was with Expedia.co.uk, Expedia.com or even Expedia.gr with translation.

Anyway, to save further delay and distress I personally think the OP would be better having the document translated by way of one of the suggestions already made, rather than recircling around who else should provide a translated document for her.

CKhalvashi

Westin said:

Voyager2002 said:

Westin said:

The car hire was arranged through a UK website. I suggest that the contract was formed at that point; is governed by English law; and so there is a right to documentation in English.

Whilst asked previously by you and another MSE poster, I don't think this was established as fact. 

Somewhere on the first page the OP said that the booking was made on the Expedia UK site.

Not wishing to split hairs and apologies if I may have missed that clear fact.  Having however looked through the thread I can see the question asked several times and then assumptions made what Expedia U.K. may or may not include, but not clarity on if the agency booking was with Expedia.co.uk, Expedia.com or even Expedia.gr with translation.

Anyway, to save further delay and distress I personally think the OP would be better having the document translated by way of one of the suggestions already made, rather than recircling around who else should provide a translated document for her.

Completely agree. We can go far into the details of contract intricacies (hence I've asked the questions I have), but I feel here that it maybe isn't the approach that OP wants due to the lack of concrete information.

There's simply too much here that is unknown to give a clear answer to the questions we have, including my disagreement this morning with Voyager (who I know from another forum, and have to say he is usually spot on) regarding whether Expedia are acting as a Principal or a marketing company in this instance. (Sorry for that!).

The easiest thing for OP at this stage is either to give the answers to the questions above above, or have the documents translated and then come back to us if there is further argument on the costs of everything.

KirstyMacD2000

thank you all
my original payment went to Expedia.co.uk. 
I have spoke with them on the phone many times and online chat. The last chat i had with them they actually did ring the car hire company and asked to please send me a translated estimate invoice. Which i have now received. However it says the estimate was only valid too and on the 18th September?
Expedia also said once i am in Greece and have the car and sign papers with the car hire - then everything should be direct between me and the car hire company and they basically become void. Of which i obviously argued, but on my credit card it says a payment to Expedia.co.uk so they should be able to assist me in some way.
When i first returned to the UK from my holiday i send a complaints form to expedia.co.uk regarding my miss treatment of the car hire company. Yesterday - they replied by saying we have issued you a refund? 

CKhalvashi

KirstyMacD2000 said:

thank you all
my original payment went to Expedia.co.uk. 
I have spoke with them on the phone many times and online chat. The last chat i had with them they actually did ring the car hire company and asked to please send me a translated estimate invoice. Which i have now received. However it says the estimate was only valid too and on the 18th September?
Expedia also said once i am in Greece and have the car and sign papers with the car hire - then everything should be direct between me and the car hire company and they basically become void. Of which i obviously argued, but on my credit card it says a payment to Expedia.co.uk so they should be able to assist me in some way.
When i first returned to the UK from my holiday i send a complaints form to expedia.co.uk regarding my miss treatment of the car hire company. Yesterday - they replied by saying we have issued you a refund? 

If you've paid Expedia, this is probably who your contract is with, which may be helpful.

Expedia have likely acted as principal in this case. I can't remember so sorry if you've already answered, did you book a hotel or flights through them at the same time or book the hire car through an e-mail saying 'Why not check hire cars' or similar soon after? This will strengthen your rights a little, and may not help you legally but will make things a little easier to deal with (UK contract in a regulated environment).

Have you got a contract that shows exactly what your contract with Expedia was? This will help us to understand the legal situation a little further. We need specific information relating to the Collision Damage Waiver on offer at the time, and preferably the terms from the insurance company in relation to the car.

I'm glad you've got the translation issue sorted. That the estimate has a date on it isn't necessarily relevant, so shouldn't form a main part of any complaint.

If your contract is with Expedia and in the UK, then they are by no means not part of the deal. Once we have these details (please remember not to post anything that can identify you), someone here can advise further. I have a reasonable knowledge of the law when it comes to travel, however I also don't book things in general through companies such as Expedia, so this is why I'm asking further details from you.

Apologies if I seemed a little off with you this morning, we can't help you if you're making assumptions and we need certain details, most of which we've been able to get now.