Consumer body received 250 car hire complaints

European-wide legislation and the standard contracts are needed to help reduce the high number of complaints about car rental…

European-wide legislation and the standard contracts are needed to help reduce the high number of complaints about car rental companies, according to an Irish consumer body.

The European Consumer Centre (ECC) in Dublin says it has received almost 250 complaints about car hire in the past two years and it is vital consumers have greater access to information in order to avoid problems.

In 65 cases, ECC Dublin intervened on behalf of consumers to seek a refund or compensation from car hire companies. Half the cases involved Irish car hire companies and half were cases taken on behalf of Irish residents against foreign companies.

The biggest problem, reported in 22 cases, involved charges for damages levied on the return of a car. In 17 cases, additional, unforeseen charges had been imposed and 15 cases related to a fault or accident. Other problems arose when a booking did not match the records of the car hire company (six) or with insurance (five).

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In many cases, consumers were not notified when additional charges were put on their credit card and ended up paying considerably more than was quoted when they hired the car.

The centre has issued advice to consumers intending to hire cars. To avoid being charged for damage they did not cause, it says consumers should ask for a written statement that the car was returned in good order. If it is not possible to return the car within working hours, they should take photographs to retain as evidence in case of a dispute.

Where cars are hired through internet car rental distributing companies such as CarTrawler or eBookers, the liability of these firms is limited to the fee they charge for the matching the consumer with a rental company, ECC warns, and most claims must be directed to the car rental company.

To avoid having to pay for minor damage, customers should pay for super collision damage waiver, though even this sometimes carries an excess.

Consumers should also keep in mind that the prices advertised on car hire websites includes only the basics. All extras, such as additional drivers, fuel costs and child seats, are usually selected at the desk of the hire company and added to the price. Where consumers refuel the car before return, they should keep the receipt.

The ECC says a code of conduct operated by Irish car rental companies in co-operation with the Irish Tourism Board is not very useful for protecting consumers. However, the industry does operate a complaints procedure and consumers can also takes cases to the small claims court.

CASE STUDIES

1.

Issue:An Irish driver hired a car through eBookers.com from Europcar in France. After it was returned, he was charged €381 on his credit card for a damaged windscreen. The consumer disagreed, saying the car was returned undamaged. The booking also showed he had bought special insurance covering the excess amount in full.

Outcome:After intervention by the ECC, Europcar refunded the amount.

2.

Issue:A UK resident rented a car from Dan Dooley at Kerry airport. One week after returning the car, he was charged €50 on his credit card for fuel. He claimed he filled the tank before returning the car. In reply, he was told the charge was for cleaning the car. The customer insisted the car was clean when returned.

Outcome:Dan Dooley told ECC Dublin the charge was for cleaning, as the car was full of sand. ECC pointed out there was no mention of a cleaning charge in the company's terms and conditions; this could be an infringement of the European Unfair Contract Terms Directive. The money was refunded.

3.

Issue:A consumer rented a car in Ireland from Hertz. The car was involved in an accident but the other party agreed it was his fault. Hertz cashed the consumer's €1,200 deposit and refused to refund it until an amicable settlement was reached with the other driver.

Outcome:ECC Ireland requested a full refund, pointing out that the accident report form stated clearly the consumer should not be liable for damage to the car. Hertz refunded the money.

Paul Cullen

Paul Cullen

Paul Cullen is a former heath editor of The Irish Times.