Rental car trouble: This is how vacationers defend themselves against unjustified claims for damage!

Rental car trouble: This is how vacationers defend themselves against unjustified claims for damage!

The European Consumer Center (ECC) has reported that the number of complaints from Belgian travelers about car rentals abroad increased sharply in 2022. A total of 345 complaints were registered, an increase of almost 30 percent compared to 2021. Vacationers particularly often report unjustified claims for damage.

These claims often involve scratches or dents that the tenant is held responsible for even though they did not cause them. Many people also complain about expensive additional insurance and hidden costs, for example for a full tank of fuel or child seats. Reputable providers such as Hertz and Sixt usually offer transparent contract conditions, while local providers appear cheaper, but problems with language misunderstandings often arise.

Dealing with claims

A large number of rental car customers have to contend with unjustified claims for damages after returning the car. A concrete example shows this impressively: A customer rented a vehicle through ALAMO at Hannover Airport, which was deemed to be free of damage when it was handed over. However, upon return, oxidized rim damage was discovered, which indicates older damage. As a result, ALAMO blocked 1,050 euros for the alleged damage without first carrying out an assessment.

The legal situation states that the burden of proof lies with the landlord. This must prove that damage occurred during the rental period. Therefore, customers should definitely lodge a formal objection to such claims for damages. The objection should be made in writing and include the following points:

• Bezug auf den Mietvertrag (Vertragsnummer, Anmiet- und Rückgabedatum, Ort).
• Schilderung des Schadenshergangs aus Sicht des Kunden.
• Betonung der Unschuld und Hinweis auf oxidierte Schäden.
• Forderung nach Rückerstattung des einbehaltenen Betrags.
• Fristsetzung für die Antwort des Unternehmens (z.B. 14 Tage).

Recommendations for avoiding damage

To avoid conflicts when returning a rental car, the ECC recommends some helpful tips. This includes taking photos and videos of the vehicle both when it is picked up and returned to document its condition. In addition, existing damage should be noted in the contract and confirmed by an employee. Requiring a contract in understandable language on paper can also avoid misunderstandings.

If you have any difficulties after returning the property, it is advisable to communicate directly with the landlord. If this is unsuccessful, the European Car Rental Conciliation Service (ECRCS) can be contacted. The European Consumer Center is also available to offer support, particularly for providers based in the EU, Norway or Iceland.

In addition, in the event of unauthorized debits Chargeback can be applied for via credit card. Consumer protection offices and arbitration boards are also useful contact points. If all other options fail, the last option is legal enforcement.

Overall, it remains crucial to document every step and every written communication well in order to have evidence in case of doubt.

For more information about the increased requirements and lawsuits regarding rental cars, you can visit the coverage BRF read up.