Car hire 3000 - ripped off

[chrisbruce]

Booked a car hire through this company (agency) online where the only details they required were age, address and debit card. When i went to collect the car the company (Alamo) refused to supply the car as although I have no points on my license I have had a 6 month ban which still shows on my license.
I phone the company hoping they will sort out another car only to be told it is my fault and I will also not get a refund. Hidden in the T & C s is the phrase and I quote " If any driver has held their license for less than two years or has any serious endorsements, please advise our team as there may be restrictions on renting."

On returning home I have a long phone call where I get to speak to a supervisor who just quotes the standard "you ticked and accepted the T & C s" and " on no account will you get a refund" and "no you cant speak to my superior"
I feel I have booked a car through this company in good faith and as they have not provided one so I should get a refund. The License endorsement phrase should have been clearly stated on the booking page and not hidden in the T & C s.

Would appreciate any advise on how to proceed with this, and hopefully get my refund.
If you feel this is my own fault and I should just swallow and move on then I so be it and I will take it on the chin.

all comments appreciated

[Bongo]

Distance selling regulations give you a certain amount of time to back out of a purchase made online. Since you haven't used it they could apply, IANAL though.

[LeedsRhodesy]

ring them up and tell them you are making a complent with the FSA and for every complent the FSA look into they charge the company £500 win or loss

[gatso]

The License endorsement phrase should have been clearly stated on the booking page and not hidden in the T & C s.

my first thought is that putting a term or condition in the t and cs isn't really hiding it, it's kinda the appropriate place

[Eso Kral]

what kind of card did u use? if it was a credit card you have not received the services you have paid for and the company can claim back  the money for you.
if it was a debit card   visa debit card approach your bank and ask them to do a chargeback   see link  http://www.moneysavingexpert.com/shopping/company-administration-help#vd
i paid 40people to attend our wedding in slovakia and 4 weeks before  sky europe said their flight patterns had changed and said they would send the money back and then they went bust so we were out by £2100 when i approached barclays in the branch they new nothing about CHARGEBACK but if you push further they can go to the companies account and draw the money back even if like in our case the company is busto.

[TightPaulFolds]

I don't think you should just take it on the chin, if I were in your position I would feel not bad about my prospects of recovery.
Gatso has a decent point, but they could well forsee that since no one really reads the and Cs, people with endorsements would just show up having booked and not expect to be hit with the full charge on refusal. Why not just write a small question about endorsements on the booking form?
Just to clarify-how much did they charge you?
Plenty of jobsworths like to take the approach that 'it's in the and Cs', your job to read them, your mistake, tough, but I don't think consumer law works like that. They have to be reasonable. Also their 'fine' for your cancellation probably has to be fair.

Ultimately, the bottom line in all of this is likely to be...the cost of them defending a court action initiated by you, which is going to be much more than the cost of the car hire fee forfeited. You're likely to receive a very different response when they receive a lawyer's letter.

None of this is cast in stone, I'm just trying to offer you possible reasons in your favour, and against just taking the hit.

[TightPaulFolds]

Part Exemption from DSRs

Part-exempt distance contracts

In addition, some parts of the Regulations do not apply to:

    * contracts for the supply of food, beverages or other goods intended for everyday consumption supplied to the consumer's residence or to his workplace by regular roundsmen (e.g. a milkman, but not a supermarket); and
    * contracts for the provision of accommodation, transport, catering or leisure services, where the supplier undertakes, when the contract is concluded, to provide these services on a specific date or within a specific period.

Resolving a dispute between car hire firm easyCar and the UK's Office of Fair Trading, the European Court of Justice ruled in 2005 that car hire companies can take advantage of the exemption applying to "transport services". See: the ruling in easyCar v OFT.

The exemption for all of these part-exempt contracts is in respect of the provisions relating to:

    * information given to the consumer prior to the conclusion of the contract;
    * written confirmation;
    * cancellation rights;
    * recovery of money paid by the consumer;
    * return of goods by the consumer after cancellation;
    * goods given in part exchange; and
    * mandatory performance of the contract within 30 days.

http://www.out-law.com/page-430#Exempt

[chrisbruce]

I could contact the bank and have the money refunded, but I am concerned that this will result in a bad credit rating for me?

The amount of cash is hardly substantial £92 but I HATE being ripped off. The synic in me thinks this is a nice little earner for the agency but I could be totally wrong and they still have to pay Alamo for the booking? (in which case it would be a nice earner for Alamo)

I have already writen a scathing review at the review centre and contacted BBC Watchdog

Tomorrow I plan to contact

Consumer direct and the DSR (although I dont quite understand the part exempt bit)

[chrisbruce]

Hmmm I am not the only one then.....

http://www.thecourier.co.uk/News/Dundee/article/3309/dundee-car-hire-fiasco-spoils-father-s-plans-with-daughter.html

[TightPaulFolds]

DSR gives you cancellation rights if you booked on phone/web for lots of goods and services, but it may not apply here due to the exemption, set in place to protect the likes of Car Hire/Tool Hire firms in situations of late cancellation.

[kinboshi]

i nearly hired a car from them from when for when i get back from Vegas, but when I got an email from them confirming the order it had hidden costs. 

I went with someone else.  Don't like hidden costs and poor customer service.

[doubleup]

ring them up and tell them you are making a complent with the FSA and for every complent the FSA look into they charge the company £500 win or loss

Think you are referring to the Financial Ombudsman Service - this only covers financial products not car hire (but for these eg insurance it does work).

To OP - think your best chance is to make the case that the phrase "any serious endorsements" is subjective/ unclear and try the chargeback route through your bank on the grounds that the service paid for wasn't provided.

[ripple11]

    

   has any serious endorsements   ....are their exact words.

you dont do you?

You have an old ban....that they won't even see if you had reqested a new driving licence?

Take then to the small claims court...very cheap and easy to do, and will really piss them off in time and money, even if you don't win!


https://www.moneyclaim.gov.uk/web/mcol/welcome

This is the Court Service's Internet based service for claimants and defendants. Use this simple, convenient and secure process to make or respond to a money claim on the internet. There is also a user guide so users can familiarize themselves with the site before proceeding with a claim.

[lazaroonie]

   

   has any serious endorsements   ....are their exact words.

you dont do you?

You have an old ban....that they won't even see if you had reqested a new driving licence?

Take then to the small claims court...very cheap and easy to do, and will really piss them off in time and money, even if you don't win!


https://www.moneyclaim.gov.uk/web/mcol/welcome

This is the Court Service's Internet based service for claimants and defendants. Use this simple, convenient and secure process to make or respond to a money claim on the internet. There is also a user guide so users can familiarize themselves with the site before proceeding with a claim.

you have absolutely no chance of winning this.

on the ch3000 website under the FAQ bit, it explains what you need to do if you have 'points' on your license. Of course you can argue that you dont have points, but the responsibility still lies with you to ensure that you meet the qualifying criteria when renting a car.

[ripple11]

   

   has any serious endorsements   ....are their exact words.

you dont do you?

You have an old ban....that they won't even see if you had reqested a new driving licence?

Take then to the small claims court...very cheap and easy to do, and will really piss them off in time and money, even if you don't win!


https://www.moneyclaim.gov.uk/web/mcol/welcome

This is the Court Service's Internet based service for claimants and defendants. Use this simple, convenient and secure process to make or respond to a money claim on the internet. There is also a user guide so users can familiarize themselves with the site before proceeding with a claim.

you have absolutely no chance of winning this.

on the ch3000 website under the FAQ bit, it explains what you need to do if you have 'points' on your license. Of course you can argue that you dont have points, but the responsibility still lies with you to ensure that you meet the qualifying criteria when renting a car.

You might well be right..... but The T&C aren't clear IMHO, and so for £25 I would give them the hassle of defending themselves.