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Hello,
New to the forum, so greetings to everyone.
My issue relates to a car I rented from Sixt in Switzerland last month. I took out the top collision damage waiver (CDW) option when I collected the car after being told the basic rental package only covered certain damage and had an excess of CHF1,900. I was informed by the Sixt rep in front of a witness that the extra CDW option gave me a zero excess and covered any damage. I paid for the top level CDW which is not disputed. At that point I was not shown the full terms and conditions, just a summary of the rental that showed no exclusions but confirmed my excess was zero. I retain a copy of that.
As it happens, I had a head on collision the following day. My fault; I mistakenly turned right onto the left lane momentarily forgetting I was in Switzerland. I hit an oncoming Mercedes. Fortunately it was a low speed impact and the airbags did their job, so no major injuries but both cars did sustain a lot of damage.
The police attended and breathalysed me showing a result of 0.0.
I thought at the time that I would be covered by the CDW I took out, but Sixt have since emailed me and stated that I was negligent and therefore in breach of their terms which voids my CDW cover. They have now demanded I pay the full retail cost to replace their car, or are threatening legal action.
I have disputed their claim as I think it is manifestly unfair to label this negligent rather than an accident. Their website even now states that if you take out CDW it covers "ANY" damage.
I would appreciate the advice of the forum as to what recourse I have if they do hit the litigation button, and also how enforceable a Swiss ruling would be in the UK in the event a case goes against me?
Many thanks in advance for any help.
New to the forum, so greetings to everyone.
My issue relates to a car I rented from Sixt in Switzerland last month. I took out the top collision damage waiver (CDW) option when I collected the car after being told the basic rental package only covered certain damage and had an excess of CHF1,900. I was informed by the Sixt rep in front of a witness that the extra CDW option gave me a zero excess and covered any damage. I paid for the top level CDW which is not disputed. At that point I was not shown the full terms and conditions, just a summary of the rental that showed no exclusions but confirmed my excess was zero. I retain a copy of that.
As it happens, I had a head on collision the following day. My fault; I mistakenly turned right onto the left lane momentarily forgetting I was in Switzerland. I hit an oncoming Mercedes. Fortunately it was a low speed impact and the airbags did their job, so no major injuries but both cars did sustain a lot of damage.
The police attended and breathalysed me showing a result of 0.0.
I thought at the time that I would be covered by the CDW I took out, but Sixt have since emailed me and stated that I was negligent and therefore in breach of their terms which voids my CDW cover. They have now demanded I pay the full retail cost to replace their car, or are threatening legal action.
I have disputed their claim as I think it is manifestly unfair to label this negligent rather than an accident. Their website even now states that if you take out CDW it covers "ANY" damage.
I would appreciate the advice of the forum as to what recourse I have if they do hit the litigation button, and also how enforceable a Swiss ruling would be in the UK in the event a case goes against me?
Many thanks in advance for any help.
