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afcwben

Rented vehicle in error

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Yesterday booked a vehicle over the phone paid by credit card. Discovered today that I am unable to take the vehicle where I want to so need to cancel.

 

They have said as there is less than a month to when the hire was due to start minimum charge is 7 days, as I booked for only 4 days will lose all my money.

 

I did not see the terms and conditions and was only told my cancellation rights when I tried to cancel.

 

Bearing in mind it is 15 hours since I made the booking, do I have any rights?

 

Thanks

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Were the T’s and C’s made available to you (even just by a clickable link) before you booked, or only revealed to you after?

 

“I did not see the T’s and C’s” can mean they weren’t available at all, or were available but you chose not to read them!

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no, was not aware of them, made payment then was sent all the details

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Were the T’s and C’s made available to you (even just by a clickable link) before you booked, or only revealed to you after?

 

“I did not see the T’s and C’s” can mean they weren’t available at all, or were available but you chose not to read them!

 

no, was not aware of them, made payment then was sent all the details

 

Sadly, "not aware" is still the same as "I didn't see"..... it leaves the door open that you may have CHOSEN not to become aware or review them.

You need to say "they were definitely not there, at that stage" or even ""they were there, but in 1 point text, in black text on a black background" so that a reasonable person couldn't and wouldn't have seen them / clicked the link. If need be, go back to their site and grab a screen shot.

 

"then was sent the details" means they can still say "The T's and C's were easily available as part of our offer that the customer accepted, and we sent a copy for the customer as a courtesy, not to provide them for the first time".

Your way forward depends heavily on if a reasonable customer couldn't have read the T's and C's first, or not

This is because, if they can claim you were being offered a much cheaper rate for a booking with restricted cancellation, they can claim this wasn't an unreasonable term IF the T's &C's were available to a 'reasonable customer' prior to the contract becoming formed.

 

Given this is the second time of asking, it is up to you if you want to give the actual answer rather than answering a different question (that being if you were 'aware' or not that you have answered), and someone else might then be able to help you, as "I'm out".

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Just for clarification afcwben, did you first of all use their website to get the quote and then phone them to make the booking? Or did you just look up their phone number somewhere else without ever going to the website?

 

If you phoned them to book a quote that you'd got on their website they might argue - almost certainly will argue - that the t&cs are on their website and were part of the quote you rang up to book. And I bet there were t&cs on their website whether you saw them or not.

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Just for clarification afcwben, did you first of all use their website to get the quote and then phone them to make the booking? Or did you just look up their phone number somewhere else without ever going to the website?

 

If you phoned them to book a quote that you'd got on their website they might argue - almost certainly will argue - that the t&cs are on their website and were part of the quote you rang up to book. And I bet there were t&cs on their website whether you saw them or not.

 

Hi I didnt use their website the number was given to me, however they are refunding me. Thanks for the help

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good. As it was over the phone they wouild by necessity have to read you the lot from a script and keep a tape of that with you saying you understand and agree.

Clearly they havent so not really a defendable point for them.

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