CarTrawler/EasyJet Car Hire

Linda_Donnas

brianposter said:

This is where the Consumer Protection from Unfair Trading regulations come in. You claim the 6  euros plus a multiple of the contract value.

The first thing you need to do is work out who has made the mistake (often Avis) by making formal complaints to both parties.

Thank you. This is what I was looking for.

Could you please explain a little more what you mean by 'a multiple of the contract value'

brianposter

You will need to read or scan all through the regulations. The last part allows you to claim one, two or three times the contract value according to the severity of the offence. Obviously this case is pretty minor so one times would be appropriate.

In this case I think the fault lies with Avis who should have taken any problem up with Cartrawler and not with you. Unfortunately Avis employees seem to believe mistakenly that signing at the desk creates a substitute contract.

One would hope that if you point out the regulations to Avis (or to Cartrawler) you will be refunded promptly. Easyjet would probably say that the problem is nothing to do with them, but if you have problems of jurisdiction they are also available.

Please let us know how things go.

tightauldgit

brianposter said:

You will need to read or scan all through the regulations. The last part allows you to claim one, two or three times the contract value according to the severity of the offence. Obviously this case is pretty minor so one times would be appropriate.

In this case I think the fault lies with Avis who should have taken any problem up with Cartrawler and not with you. Unfortunately Avis employees seem to believe mistakenly that signing at the desk creates a substitute contract.

One would hope that if you point out the regulations to Avis (or to Cartrawler) you will be refunded promptly. Easyjet would probably say that the problem is nothing to do with them, but if you have problems of jurisdiction they are also available.

Please let us know how things go.

Can you point out the specific regulations you think the OP can rely on because I think you might be overestimating a) their chances of success and b) what they can claim. 

Bear in mind this is a dispute over a fiver. 

brianposter

https://www.legislation.gov.uk/uksi/2008/1277/contents

tightauldgit

brianposter said:

https://www.legislation.gov.uk/uksi/2008/1277/contents

What specific section are you referring to because I can't see anything in there that suggests what you are saying or that the OP is likely to get anything more than their 6EUR back. 

If you take Section 27 then the OP doesn't have the right to unwind as they've already consumer the product, so they'd be looking at a right to a discount which according to 27I.4 is capped at 25% if the breach is more than minor and less than significant (and personally I don't think this is more than minor) and then 27J spells out the right to damages which again are only for actual losses (or alarm distress inconvenience but are you really alarmed and distressed at being overcharged 6EUR??) and if the supplier shows it's a mistake and they exercised due diligence to prevent it happening then you are due nothing. 

And given that we don't actually seem to know what the issue is, who did it, or what caused the 6 EUR charge we can't even say that any prohibited practice occurred. 

brianposter

TAG, You are right that I had not remembered the penalties correctly. However 25% of 400 euros is enough to get the matter into court.

And the way the act is drawn up means that you almost always have to use some linguistic contortions to define the actual offence.

As to what occured I would suggest that if Avis did not like the Cartrawler voucher they must take that up with Cartrawler and not with the OP.  If I could not find a specific paragraph to cover it I would simply leave charging the OP as an "unfair commercial practice".

sheramber

I think the OP needs , firt of all, to establish why Cartrawler did not pay the full amount to Avis.