Enterprise Switzerland car hire damage dispute

eskbanker

pramsay13 said:

eskbanker said:

pramsay13 said:

If that doesn't work then make a section 75 claim but that will mean the bank is paying rather than enterprise. 

Section 75 won't apply given the number of parties involved, breaking the direct debtor-creditor-supplier chain required to sustain a s75 claim:

whisky99 said:

I hired a car in June from Enterprise in Basel airport (Swiss side).  It was booked via Booking.com and their Rentalcars.com group.

Even though the original booking was through rentalcars.com the contract for the (suspected) damage is between the OP and Enterprise who have taken the money from the card meaning the chain for S75 is still complete.

There won't be a separate 'contract for damage' as such, in that any recovery of such costs would be under the terms of the original rental contract itself.

brianposter

Is it not the money flow that matters rather than someone having to interpret contracts ?

eskbanker

brianposter said:

Is it not the money flow that matters rather than someone having to interpret contracts ?

No, section 75 is all about the legal technicalities of the Consumer Credit Act 1974 and the roles of the three parties defined therein, i.e. debtor, creditor and supplier, where the involvement of additional parties in the contractual arrangements is generally enough to scupper a claim, hence bookings made via intermediaries being out of scope:

You're NOT COVERED by Section 75 if you [...] Bought something from a third party seller. This includes things like buying a ticket from a travel agent or something through Amazon Marketplace, as these are also treated as third party sellers. But you may be able to use chargeback.

https://www.moneysavingexpert.com/reclaim/section75-protect-your-purchases/

brianposter

But the credit card from which the damages are collected is not necessarily the same credit card as that which was used to hire the car, so presumably a separate and different contract must be created when the credit card details are provided to the supplier.

eskbanker

brianposter said:

But the credit card from which the damages are collected is not necessarily the same credit card as that which was used to hire the car, so presumably a separate and different contract must be created when the credit card details are provided to the supplier.

Supplying a different credit card doesn't in itself create a new contract as such, as the requirement to provide such a card will be defined in the terms of the original one, but I don't know if the fact that a new creditor is involved would affect s75 interpretation.