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I booked car rental on January 18 via AVIS phone reservations centre. At the time I advised my plane was due to arrive at 20:00 on Saturday February 13 in Vienna. The sales person said that the office closed at 19:00, however, they would check with them to see if they would wait for us. They said all would be ok as they would have our flight details. I asked what would happen if we were delayed and they said it is protocol to wait an extra 3 hours for us to arrive. With that information I decided to use AVIS for hiring my car knowing all would be ok even if we were delayed.
On February 13 our departure was initially delayed by 1 hour, then by an additional 90 minutes. Avis had no customer service number to call outside of weekdays so I phoned the UK reservations phone number twice and spoke with the same agent (Leon). The times of the calls were 14:52 and 17:07 GMT. I also phoned the Austria reservations desk at 17:14 GMT. I explained that the plane was delayed and if this was a problem for AVIS we could cancel the booking and I could make alternative arrangements. At no point was I informed there would be an issue with the car collection and it was re-iterated that the office would stay open for 3 hours after the agreed pickup.
Upon arrival in Vienna the AVIS office was closed. I had a choice of either paying 3 times the price for car rental with 2 other car rental companies or find a local hotel for the night and miss a day of our holiday. My wife and I had our 2 young children with us who were in considerable distress so therefore I made the decision to book a local hotel and miss a day skiing.
I have attached a signed letter from the AVIS Vienna Airport office which provides proof that they will only ever stay open for 1 hour. In view of this, I believe that there is a case of breach of contract under the EU Consumer Rights Act 2015. My contract with Avis was to collect a car on Saturday 13 February 2016 but due to the mis-selling by Avis I was unable to collect my car on this day.
I have spoken to Citizens Advice in the UK and they have informed me that due to the actions of AVIS I have suffered the following due to the breach of contract:
1. Out-of-pocket expenses: Any reasonable expenses you incurred as a result of the breach of contract.
2. Loss of enjoyment: Compensation for the disappointment and distress caused by things going wrong.
Currently AVIS are offering compensation which amounts to out of pocket expenses only outlined in section 1 above of EUR 152.67. I believe this to be insufficient under EU law and asked for AVIS to make a better and fairer offer to also take into account section 2 of the EU Consumer Rights Act 2015. Avis have failed to respond to my repeated requests.
By making their current offer they have already admitted liability. I have provided written proof that AVIS Vienna Airport were never going to wait for me and I have provided proof that I as a customer gave AVIS 3 chances to inform me that their office was not going to be open so I could make alternative arrangements.
Due to the breach of contract by AVIS we lost a whole day of our holiday. They are refusing to compensate for this in contravention of EU law.
I am seeking AVIS to make addition compensation in respect of section 2 above (Loss of enjoyment: Compensation for the disappointment and distress caused by things going wrong). AVIS breached the contract and as thus my family had only 5 days skiing instead of 6. I am seeking a fair offer to compensate for this loss of holiday.
The above complaint was sent to the European Car Rental Conciliation Service (ECRCS). They said they could not help anymore. I am now faced with 3 options:
1. Take the money offered.
2. Take the money offered without prejudice and take legal action via the small claims for 'Loss of Enjoyment'.
3. Take legal action via the small claims for 'Loss of Enjoyment' without accepting the refund offer as partial refund.
The only issue with option 2 and 3 is that looking at the terms of the booking reservation made with Avis's UK reservations phone number they state the following:
Limitations:
We/the vehicle rental provider (as the case may be) will not be responsible for losses you have suffered as a result of us or the vehicle rental provider breaching these booking terms where such losses are not within ours/the vehicle rental provider's and your contemplation at the time the booking is made. We/the vehicle rental provider are not responsible for any indirect losses (such as loss of profits, loss of enjoyment or loss of opportunity). These limitations will not apply to the extent not permissible by law. Nothing in these booking terms reduces your statutory rights relating to a refund (if any).
I am not 100% sure what these terms mean. Any assistance regarding the above matter would be greatly appreciated. I have used the small claims track previously successfully a couple of times and want to be 100% certain I am not wasting my time before embarking on another battle.
On February 13 our departure was initially delayed by 1 hour, then by an additional 90 minutes. Avis had no customer service number to call outside of weekdays so I phoned the UK reservations phone number twice and spoke with the same agent (Leon). The times of the calls were 14:52 and 17:07 GMT. I also phoned the Austria reservations desk at 17:14 GMT. I explained that the plane was delayed and if this was a problem for AVIS we could cancel the booking and I could make alternative arrangements. At no point was I informed there would be an issue with the car collection and it was re-iterated that the office would stay open for 3 hours after the agreed pickup.
Upon arrival in Vienna the AVIS office was closed. I had a choice of either paying 3 times the price for car rental with 2 other car rental companies or find a local hotel for the night and miss a day of our holiday. My wife and I had our 2 young children with us who were in considerable distress so therefore I made the decision to book a local hotel and miss a day skiing.
I have attached a signed letter from the AVIS Vienna Airport office which provides proof that they will only ever stay open for 1 hour. In view of this, I believe that there is a case of breach of contract under the EU Consumer Rights Act 2015. My contract with Avis was to collect a car on Saturday 13 February 2016 but due to the mis-selling by Avis I was unable to collect my car on this day.
I have spoken to Citizens Advice in the UK and they have informed me that due to the actions of AVIS I have suffered the following due to the breach of contract:
1. Out-of-pocket expenses: Any reasonable expenses you incurred as a result of the breach of contract.
2. Loss of enjoyment: Compensation for the disappointment and distress caused by things going wrong.
Currently AVIS are offering compensation which amounts to out of pocket expenses only outlined in section 1 above of EUR 152.67. I believe this to be insufficient under EU law and asked for AVIS to make a better and fairer offer to also take into account section 2 of the EU Consumer Rights Act 2015. Avis have failed to respond to my repeated requests.
By making their current offer they have already admitted liability. I have provided written proof that AVIS Vienna Airport were never going to wait for me and I have provided proof that I as a customer gave AVIS 3 chances to inform me that their office was not going to be open so I could make alternative arrangements.
Due to the breach of contract by AVIS we lost a whole day of our holiday. They are refusing to compensate for this in contravention of EU law.
I am seeking AVIS to make addition compensation in respect of section 2 above (Loss of enjoyment: Compensation for the disappointment and distress caused by things going wrong). AVIS breached the contract and as thus my family had only 5 days skiing instead of 6. I am seeking a fair offer to compensate for this loss of holiday.
The above complaint was sent to the European Car Rental Conciliation Service (ECRCS). They said they could not help anymore. I am now faced with 3 options:
1. Take the money offered.
2. Take the money offered without prejudice and take legal action via the small claims for 'Loss of Enjoyment'.
3. Take legal action via the small claims for 'Loss of Enjoyment' without accepting the refund offer as partial refund.
The only issue with option 2 and 3 is that looking at the terms of the booking reservation made with Avis's UK reservations phone number they state the following:
Limitations:
We/the vehicle rental provider (as the case may be) will not be responsible for losses you have suffered as a result of us or the vehicle rental provider breaching these booking terms where such losses are not within ours/the vehicle rental provider's and your contemplation at the time the booking is made. We/the vehicle rental provider are not responsible for any indirect losses (such as loss of profits, loss of enjoyment or loss of opportunity). These limitations will not apply to the extent not permissible by law. Nothing in these booking terms reduces your statutory rights relating to a refund (if any).
I am not 100% sure what these terms mean. Any assistance regarding the above matter would be greatly appreciated. I have used the small claims track previously successfully a couple of times and want to be 100% certain I am not wasting my time before embarking on another battle.