Flight Change - Car Hire Pick Up Later (Legal Rights)

Feeder16

Ryanair have changed my flights which means I pick my hire car up 5 hours later than originally intended. I notified the rental company immediately, said I was happy to pay an admin fee or similar to sort. I was then told the amendment would cost £650 (original price £200) as I would need to upgrade my car, which I know is nonsense. I rang the next day and they then quoted £200, which again I was not happy with paying for a simple time amendment within their normal store operating hours. Fast forward this week when my flight is and I ring them again about it and they have told me that if I rock up on the day 5 hours late I will pay a £50 contract reactivation fee and good to go. Which whilst is annoying, I am prepared to pay. 

The problem is, I know full well when I rock up on Saturday despite making them aware of this, I am going to be told they have sold my car and I'll have to pay the activation and for a upgrade. 

Ultimately I know European Law is on my side on this one, as its clearly an unfair contract and they cannot charge £200+ as this is an unfair and unjustifiable amount (they have similar legal provisions for overcharging on fuel). But my fear is I'm going to have to pay the upgrade to then fight for my money back down the line (or via my credit card) as I will have a small child with me and I won't have the time or energy to get into dispute at the airport pick up plus we need the car for our trip. 

Welcome any thoughts?

PS Aware I can potentially write 'Signed Under Duress' at point of contract signing.

born_again

Is the extra amount due to the delay meaning that they would normally be closed & as such they have to retain staff later then normal?

Book mark this site, as fear you will need it, as no guarantee that CC will be able to dispute the payment.

https://www.ecrcs.com/

eskbanker

Feeder16 said:

Ultimately I know European Law is on my side on this one

Under which jurisdiction is the contract governed?

Feeder16

born_again said:

Is the extra amount due to the delay meaning that they would normally be closed & as such they have to retain staff later then normal?

Book mark this site, as fear you will need it, as no guarantee that CC will be able to dispute the payment.

https://www.ecrcs.com/

The sales office is still open when we arrive at new time

Feeder16

eskbanker said:

Feeder16 said:

Ultimately I know European Law is on my side on this one

Under which jurisdiction is the contract governed?

EU legislation suggests contracts should be fair for both parties. And gives an example that if you don't not return a hire car with full fuel that they could not charge you €150 for it as that is unreasonable.

So suggestion £650 for a 5 hour flight change that does not affect them is unreasonable 

Feeder16

born_again said:

Is the extra amount due to the delay meaning that they would normally be closed & as such they have to retain staff later then normal?

Book mark this site, as fear you will need it, as no guarantee that CC will be able to dispute the payment.

https://www.ecrcs.com/

Worth mentioning we are flying to a low use airport (Murcia) which only had 4-5 flights a day. We fly there frequently and deal with this company in question frequently, which is what makes this situation all the more frustrating. Despite the flight change, they'll be no flights before us (in terms of flight change from original times) or after us. 

eskbanker

Feeder16 said:

eskbanker said:

Feeder16 said:

Ultimately I know European Law is on my side on this one

Under which jurisdiction is the contract governed?

EU legislation suggests contracts should be fair for both parties.

Yes, I'm not disputing that but was asking what the governing law of the contract is, as if you ultimately feel the need to take the company to court to challenge the legitimacy or otherwise of their contractual terms, you're going to need to know how viable that will be.

400ixl

What do the T&C's of the contract say?

One of the reasons I don't use these small local companies. You get 24hrs to pick up with the big rental companies with no charge.

Feeder16

eskbanker said:

Feeder16 said:

eskbanker said:

Feeder16 said:

Ultimately I know European Law is on my side on this one

Under which jurisdiction is the contract governed?

EU legislation suggests contracts should be fair for both parties.

Yes, I'm not disputing that but was asking what the governing law of the contract is, as if you ultimately feel the need to take the company to court to challenge the legitimacy or otherwise of their contractual terms, you're going to need to know how viable that will be.

It would never need to go to court, I'm pretty sure of that. Especially if I pursue through my credit card and demonstrate I tried to proactively engage with them and they didn't respond fairly.

It's covered here under standard consumer rights: https://europa.eu/youreurope/citizens/consumers/unfair-treatment/unfair-contract-terms/index_en.htm

And supported by European Consumer Centre support any complaints. 

Feeder16

400ixl said:

What do the T&C's of the contract say?

One of the reasons I don't use these small local companies. You get 24hrs to pick up with the big rental companies with no charge.

The general terms are pretty poor to be honest and repeats itself several times. Also they operate in a lot of countries (ok mobility) so I wouldn't really call them a small company per se. 

Flight Delays is silent with the general terms and there is no specific information on delays on it. All that is covered is late pick ups, which they allow 4 hours for. Then it says beyond that it will cost £50ish to reactive the contract. 

I presume what they are hanging their hat on when I ring to advise on flight changes is that it is a pre-booked non refundable rate. What's mad is I've paid for 9 days use, so the pick up time (unless earlier or a different day) should really be redundant. 

eskbanker

Feeder16 said:

eskbanker said:

Feeder16 said:

eskbanker said:

Feeder16 said:

Ultimately I know European Law is on my side on this one

Under which jurisdiction is the contract governed?

EU legislation suggests contracts should be fair for both parties.

Yes, I'm not disputing that but was asking what the governing law of the contract is, as if you ultimately feel the need to take the company to court to challenge the legitimacy or otherwise of their contractual terms, you're going to need to know how viable that will be.

It would never need to go to court, I'm pretty sure of that. Especially if I pursue through my credit card and demonstrate I tried to proactively engage with them and they didn't respond fairly.

It's covered here under standard consumer rights: https://europa.eu/youreurope/citizens/consumers/unfair-treatment/unfair-contract-terms/index_en.htm

And supported by European Consumer Centre support any complaints. 

A card company can get involved if the supplier breaches the contractual terms, but if you want to challenge the legality of those terms, that's beyond their remit.