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  • FIRST POST
    • stringer_bell
    • By stringer_bell 7th Apr 18, 11:23 PM
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    stringer_bell
    Car Hire penalty charge, help?
    • #1
    • 7th Apr 18, 11:23 PM
    Car Hire penalty charge, help? 7th Apr 18 at 11:23 PM
    so this is a post for my dad.. he booked a holiday to scotland, and a car, and a flight

    he put his flight number on car form, and they arrived at 6pm.. he was informed he was a " no show " as the car was supposed to be picked up at 10am, with a 5 hour grace period

    So they charged him the 360 for the week that he was supposed to pay, and of course they rented out the car to someone else so he had no car, unless of course he hired another one at another 360, which he was told they only have available the day after, so they had to stay in a hotel local

    I'm struggling with this, is this right? How can they penalty charge him for a week when he was a few hours late? They lost no business as they rented out car to someone else. what can he do?
Page 1
    • TW1234
    • By TW1234 8th Apr 18, 10:45 AM
    • 136 Posts
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    TW1234
    • #2
    • 8th Apr 18, 10:45 AM
    • #2
    • 8th Apr 18, 10:45 AM
    Just part of the car rental operation.
    Research CMA Competition & Markets Authority Short term Car Rental in EU.

    Your difficulty will lie in having signed up to a contract that contains such an unreasonable term combined with the fact that a charge has been authorised to be taken from a credit card. This places the driver in the situation of having to retrieve the cost by proving some defect in the process. (Unfair and unexpected terms springs to mind within consumer rights regulations.)
    The first line would be to request a charge back from the credit card company, but the reasons must be based on law and not just a rant about unjust behaviour. Done properly, that will place the rental company in the weaker position of then having to try to collect the amount from the driver.

    Are you "up" for the fight and willing to do the research, as it will not be possible to have this done for you by a professional, because the amount involved prevents you claiming for their fees.
    • powerful_Rogue
    • By powerful_Rogue 8th Apr 18, 12:26 PM
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    powerful_Rogue
    • #3
    • 8th Apr 18, 12:26 PM
    • #3
    • 8th Apr 18, 12:26 PM
    Sounds like they mitigated their losses so your father should received a large chunk of that back, maybe minus any "reasonable" admin costs.
    • susancs
    • By susancs 8th Apr 18, 12:40 PM
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    susancs
    • #4
    • 8th Apr 18, 12:40 PM
    • #4
    • 8th Apr 18, 12:40 PM
    I would agree that the company mitigated their losses by hiring out the car, so they cannot double charge. They will have minimal losses in the form of any extra admin costs. I would email the Head Office pointing this out and asking for a refund. If it is not forth coming google a letter before action template, draft one and send it with proof of postage.
    • unholyangel
    • By unholyangel 8th Apr 18, 3:13 PM
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    unholyangel
    • #5
    • 8th Apr 18, 3:13 PM
    • #5
    • 8th Apr 18, 3:13 PM
    The first line would be to request a charge back from the credit card company, but the reasons must be based on law and not just a rant about unjust behaviour. Done properly, that will place the rental company in the weaker position of then having to try to collect the amount from the driver.
    Originally posted by TW1234
    I think you've said chargeback when you mean section 75. Chargebacks can only be done for specified reasons set out by visa/mastercard themselves, even if you have a right in law to it. While a section 75 claim means that if you have a claim (in law) against the retailer, you have the same claim against the credit company.
    Money doesn't solve poverty.....it creates it.
    • stringer_bell
    • By stringer_bell 8th Apr 18, 3:46 PM
    • 398 Posts
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    stringer_bell
    • #6
    • 8th Apr 18, 3:46 PM
    • #6
    • 8th Apr 18, 3:46 PM
    Just part of the car rental operation.
    Research CMA Competition & Markets Authority Short term Car Rental in EU.

    Your difficulty will lie in having signed up to a contract that contains such an unreasonable term combined with the fact that a charge has been authorised to be taken from a credit card. This places the driver in the situation of having to retrieve the cost by proving some defect in the process. (Unfair and unexpected terms springs to mind within consumer rights regulations.)
    The first line would be to request a charge back from the credit card company, but the reasons must be based on law and not just a rant about unjust behaviour. Done properly, that will place the rental company in the weaker position of then having to try to collect the amount from the driver.

    Are you "up" for the fight and willing to do the research, as it will not be possible to have this done for you by a professional, because the amount involved prevents you claiming for their fees.
    Originally posted by TW1234
    It was a debit card I'm afraid
    • MothballsWallet
    • By MothballsWallet 8th Apr 18, 3:54 PM
    • 12,502 Posts
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    MothballsWallet
    • #7
    • 8th Apr 18, 3:54 PM
    • #7
    • 8th Apr 18, 3:54 PM
    It was a debit card I'm afraid
    Originally posted by stringer_bell
    Some form of chargeback? Would it be worth the OP's dad speaking to his bank about this in the first instance?
    Always ask yourself one question: What would Gibbs do?

    I live in the UK City of Culture 2021

    I had to put mothballs in my wallet - the moths had learned the PINs to my cards...
    • stringer_bell
    • By stringer_bell 8th Apr 18, 4:02 PM
    • 398 Posts
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    stringer_bell
    • #8
    • 8th Apr 18, 4:02 PM
    • #8
    • 8th Apr 18, 4:02 PM
    Some form of chargeback? Would it be worth the OP's dad speaking to his bank about this in the first instance?
    Originally posted by MothballsWallet
    I have sent an email to head office stating that they basically lost nothing from this and made twice the money from one booking, and to show me where in T&C's that they charge for full week in event of a no show
    • MothballsWallet
    • By MothballsWallet 8th Apr 18, 4:10 PM
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    MothballsWallet
    • #9
    • 8th Apr 18, 4:10 PM
    • #9
    • 8th Apr 18, 4:10 PM
    I have sent an email to head office stating that they basically lost nothing from this and made twice the money from one booking, and to show me where in T&C's that they charge for full week in event of a no show
    Originally posted by stringer_bell
    Okay - did you send it on behalf of your dad?

    Since the contract is between him and the car hire company, they can refuse to communicate with you unless it's made clear he's giving permission.
    Always ask yourself one question: What would Gibbs do?

    I live in the UK City of Culture 2021

    I had to put mothballs in my wallet - the moths had learned the PINs to my cards...
    • stringer_bell
    • By stringer_bell 8th Apr 18, 5:20 PM
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    stringer_bell
    Okay - did you send it on behalf of your dad?

    Since the contract is between him and the car hire company, they can refuse to communicate with you unless it's made clear he's giving permission.
    Originally posted by MothballsWallet
    yeah I logged into the easirent area and submitted it as him
    • susancs
    • By susancs 8th Apr 18, 8:36 PM
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    susancs
    yeah I logged into the easirent area and submitted it as him
    Originally posted by stringer_bell
    If you google the company your father used it seems they have an awful lot of really bad reviews on Tripadvisor for excessive charges and poor customer service. If you put the company name+CEO email in google search you get an email address. I would get your father to email the CEO direct (or do it in his name if he consents).
    Last edited by susancs; 08-04-2018 at 8:41 PM.
    • TW1234
    • By TW1234 9th Apr 18, 9:52 AM
    • 136 Posts
    • 122 Thanks
    TW1234
    https://www.barclaycard.co.uk/business/files/Vehicle_Rental_Chargebacks.pdf
    Although this is a guide for the retailer, it will be helpful for you.

    You can still request a chargeback on a debit card, but action would require cooperation of both sides banks.(Sect 75 is not now available as it was not a cc.)

    Even if you cannot get a chargeback, which would force the rental co. to bring an action against the hirer and be difficult (impossible) for them to win, you could pursue a claim against the rental co. but that will need perseverence and an understanding of the exact legal basis on which you are claiming.
    • stringer_bell
    • By stringer_bell 9th Apr 18, 4:27 PM
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    stringer_bell
    ok there is an update and things aren't as clear cut as it seems

    He prepaid for the car
    he turned up late.. the car was gone
    they said we have another car for you tomorrow, which will cost 150 extra, as its only one they have
    The guy said " you also selected our relax zero protection package at 168 " because he didnt have a credit card
    • Gavin83
    • By Gavin83 9th Apr 18, 4:32 PM
    • 5,318 Posts
    • 8,736 Thanks
    Gavin83
    ok there is an update and things aren't as clear cut as it seems

    He prepaid for the car
    he turned up late.. the car was gone
    they said we have another car for you tomorrow, which will cost 150 extra, as its only one they have
    The guy said " you also selected our relax zero protection package at 168 " because he didnt have a credit card
    Originally posted by stringer_bell
    I'm assuming they asked what time he'd collect the car, how late was he?

    What's a relax zero protection package?
    • stringer_bell
    • By stringer_bell 9th Apr 18, 4:33 PM
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    stringer_bell
    I'm assuming they asked what time he'd collect the car, how late was he?

    What's a relax zero protection package?
    Originally posted by Gavin83
    He was there at 6pm when he got off his flight, they said 10am, but they have a few hours grace

    However, he put his flight number in so he presumed car would be ready as he prepaid

    zero protection is on here https://www.easirent.com/excess-waiver-and-transparency/

    because he didnt have a credit card
    • susancs
    • By susancs 9th Apr 18, 6:14 PM
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    susancs
    He was there at 6pm when he got off his flight, they said 10am, but they have a few hours grace

    However, he put his flight number in so he presumed car would be ready as he prepaid

    zero protection is on here https://www.easirent.com/excess-waiver-and-transparency/

    because he didnt have a credit card
    Originally posted by stringer_bell
    Looking online, what happened your father seems to be common practice with the car rental companies in that they cancel a booking if there is a "no show" by a certain time and keep the payment even if they suffered no losses.
    https://www.telegraph.co.uk/travel/advice/hire-car-cancelled-because-my-flight-was-late/

    As you rightly point out they had his flight number, so it would have been an easy matter to check to see the delay of 6 hours. So worth pointing that out to them.

    Has your father got travel insurance that would cover the issues he encountered due to the flight delay? Also is he entitled to flight delay compensation from the airline if it was in the EU? My daughter and BF were delayed for over 3 hours at Barcelona airport last summer and filled in a simple online form with RyanAir to get 250 euros per person.
    • stringer_bell
    • By stringer_bell 9th Apr 18, 6:37 PM
    • 398 Posts
    • 50 Thanks
    stringer_bell
    Looking online, what happened your father seems to be common practice with the car rental companies in that they cancel a booking if there is a "no show" by a certain time and keep the payment even if they suffered no losses.
    https://www.telegraph.co.uk/travel/advice/hire-car-cancelled-because-my-flight-was-late/

    As you rightly point out they had his flight number, so it would have been an easy matter to check to see the delay of 6 hours. So worth pointing that out to them.

    Has your father got travel insurance that would cover the issues he encountered due to the flight delay? Also is he entitled to flight delay compensation from the airline if it was in the EU? My daughter and BF were delayed for over 3 hours at Barcelona airport last summer and filled in a simple online form with RyanAir to get 250 euros per person.
    Originally posted by susancs
    There are no delay, only 40 minutes

    he presumed he had all day to pick it up, and that the car hire company would be checking the flight number for his arrival, bit naive of him
    • TW1234
    • By TW1234 9th Apr 18, 7:33 PM
    • 136 Posts
    • 122 Thanks
    TW1234
    Chargebacks are likely to be looked upon more favourably where the retailer has not followed the suggested practices; for car hire late arrivals, it is 24 hours during which the vehicle should be kept available.
    Contracts with different terms are potentially unfair contracts and not enforcable if they contain terms which are not highlighted which would not be expected.
    However, in OP case the only matter in dispute would be the 150 charge for an upgrade. It seems that most of the extra charge above the pre=paid hire amount is for extra insurance. (Another nice little earner!)
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