car hire - tyre 'damage' and excesses

sillywizard

I haven't received any response to my letter either but, in fairness, it's only been a couple of days. In the probable event that they refuse my refund request I'll pursue a small claim against them.

Your legal advice line was entirely correct; you MAY not get your legal costs back but, in a successful claim where you have made every attempt to use alternative dispute resolution you almost certainly will. In addition, please don't fall into the way of thinking that magistrates and district judges are somehow removed from real life. They're not and will carefully consider all factors before applying the law.

In your case, and mine, it's statutory (Unfair Terms in Consumer Contracts Regulations 1999 and the Unfair Contract Terms Act 1977) since we are both consumers who have entered into contracts with businesses. My submission, as and when I trot this one off to m'learned friends, is that the intent behind the tyre damage clause would reasonably be construed as meaning any damage negligently caused by the driver (kerbing and over inflating spring to mind). In addition, I'd spend an hour or two phoning other car hire companies asking them what their policy was on this situation until I found one or two who said that they wouldn't charge, then I'd get witness statements from them for my case. Finally, I'd copy the claim to motoring magazines and newspapers where a motoring or money supplement is regularly published.

Granted, it's only (in my case) £91 plus a fee for refuelling. Also, I'm not certain I'd win which would then cost an additional £50 or so but my belief is that if you don't fight when you get picked on, you're telling the company that it's ok for them to behave like that all the time.

I don't like bullies and for any staff of companies who behave as badly as the ones the original poster and I have encountered - shame on you. Shame on you for being so narrow and cowardly and prissy and inhuman. You're worse than the directors of these companies who implement these policies without ever seeing a customer or the distress it causes and you're worse than thieves who at least carry out dishonest actions for profit. You do it because you're intoxicated by the power of rudeness and intransigence in the face of decent people and you should be ashamed.

Farjer

This is a useful thread, so I will revive it.

Just found a soft tyre (and later a screw near the wall) after a 3 mile drive home from the Sixt station in Battersea...

I am kicking myself for not even kicking the tyres (which I have usually done for previous rentals). The inspection did focus heavily on bodywork, allow rims, and the spare tyre, but I didn't think to check for nails in the tyres and of course you can't necessarily see a nail which is in contact with the forecourt or hidden in the wheel arch.

I will get it fixed at my own expense (as advised by a reasonably friendly Sixt person to avoid lengthy retention of my deposit and a damage evaluation to be done out of my control).

On return I'm going to ask them nicely to meet me halfway as the chance of picking up a nail/screw in 3 miles is pretty slim and given that the tyres were all very low (1.6 bar - should be at least 2.2) I doubt their checks were very thorough. Otherwise no return business from me (this is second 7 day hire). I note that StreetCar has the same excess and tyres policy though, so not sure where to go next.

The RAC man told me the rental companies make sure the cars are clean and shiny - that's all they care about!

There... that rant made me feel a bit better!