‘I hired a car via EasyJet but they are directing my complaint to someone else – what can I do?’
Every Monday we get an expert to answer your money problems or consumer disputes. Find out how to submit yours at the bottom of this post. Today’s question is…
I hired a car through the EasyJet booking system and want to make a complaint about the car hire service. EasyJet are not interested and are trying to direct me to a third party called Car Trawler. Who is responsible for responding and acting upon this complaint?
Julie Fay
In a world of online shopping and search engines, these kind of questions are common.
Scott Dixon, from The Complaints Resolver, says that in this case, neither EasyJet nor Car Trawler are responsible – it’s the actual car hire company.
“Your contract is always with whoever you entered into the contract with and paid for the car hire,” he says.
“EasyJet uses Car Trawler as a search tool (like Google) to find the best prices as a comparison site for you to choose the vehicle that suits your needs and budget.”
Your rights
So, you need to go to source – and you have protection via the Consumer Rights Act 2015, Scott says.
- S49 states that every contract to supply a service is to be treated as including a term that the trader must perform the service with reasonable care and skill.
- S62 has a requirement for contract terms and notices to be fair. An unfair term of a consumer contract is not binding on the consumer. Any contract terms which unfairly tilt the balance in favour of the trader against the consumer is void.
- S68 has a requirement for transparency. Key terms of a contract must be bold, fair, transparent and balanced – they cannot be buried in the small print of T&Cs.
Scott says you should also check if the car hire company is a member of the British Vehicle Rental Leasing Association (BVRLA). You can check here. In Europe, it would be the European Car Rental Conciliation Service (ECRCS).
“This gives you additional rights and another avenue to seek redress,” says Scott.
What can you do?
With car hire, you need to start acting before you reach the point of dispute.
“Evidence is crucial on car hire complaints so always take photos and videos before and after – the onus is on you to inspect the hire car thoroughly before you set off and return it,” says Scott.
“Check the vehicle report. Any existing damage ought to be noted on it.”
With car hire, you should always check contracts for T&Cs – and Scott says: “Cheapest is not always best – you get what you pay for. Always stick with the mainstream car hire providers.”
If a complaint does arise, always start by putting it in writing and see if you can get a resolution without escalating.
If that doesn’t work?
Scott advises paying at least a deposit by credit card, as it gives you additional free protection and joint liability under S75 Consumer Credit Act 1974 for purchases over £100.
Contact your credit card provider and say you want to raise a S75 dispute and claim for a hire car.
“Say that the supplier is in ‘breach of contract’ under the Consumer Rights Act 2015 and has supplied a defective/faulty car. You have exhausted all options with the retailer and cannot resolve your dispute.
“Bear in mind that the credit card provider knows nothing about your complaint, so make it easy for them by providing as much evidence as possible to prove your case.”
If you reach a stalemate with the credit card provider, Scott advises asking them for a deadlock letter setting out their final position so you can submit a formal complaint to the Financial Ombudsman Service (FOS).
Last resort
If all else fails, you could take your case to the small claims court if it is England or Wales, or follow Simple Procedure in Scotland. Click here to find out your route in Northern Ireland.
Scott advises sending screenshots of court papers to the company involved, so the car hire company, demanding a refund within seven days. This may prompt action that means you don’t have to follow through on the court claim.
This feature is not intended as financial advice – the aim is to give an overview of the things you should think about. Submit your dilemma or consumer dispute via:
- The form above – you need to leave a phone number or email address so we can contact you for further details
- Email news@skynews.com with the subject line “Money blog”
- WhatsApp us here
Source: Money blog: ‘Bleak’ new security measure seen in Tesco store
