How should I proceed if my rental car has defects during handover?
March 3, 2022 | 30,00 EUR | answered by Fred Kock
Dear travel law attorney,
I recently booked a rental car for my vacation in Spain. Upon receiving the vehicle, I discovered that it had some defects that were not disclosed beforehand. These include scratches on the bodywork, a broken air conditioning system, and a faulty taillight. I immediately reported these defects to the rental car company's employee, who documented them.
Now, I am concerned about whether I could be held liable for these defects when returning the car. I fear that I may be charged additional costs or even held responsible for damages that I did not cause.
My question to you is: How should I proceed to ensure that I am not held responsible for the pre-existing defects? Should I request the rental car company to repair the defects before my departure or provide a different vehicle? Are there any legal steps I can take to protect my interests and minimize my financial liability?
Thank you in advance for your support and advice.
Best regards,
Chloé Kessler
Dear Mrs. Kessler,
Thank you for your inquiry regarding the defects on the vehicle you rented in Spain. It is understandable that you are concerned about being held liable for pre-existing damages, especially if these defects were not indicated at the time of booking the rental car.
Firstly, it is important to know that you cannot be held liable for damages that were already present before the handover of the vehicle and that you reported to the rental car company employee. By documenting the defects at the handover, it is recorded that they were pre-existing and not caused by you.
To ensure that you are not held responsible for these defects, I recommend requesting the rental car company employee to confirm the defects in writing. You can also insist that the defects be repaired before your departure or that another vehicle in perfect condition be provided to you.
If the rental car company refuses to repair the defects or offer you another vehicle, you may consider taking legal action. You have the right to receive a rental car in perfect condition that meets the agreed terms. If the rental car company tries to charge you additional costs or hold you liable for damages you did not cause, you can contact a travel law attorney to protect your interests and minimize your financial liability.
It is important to keep all communication with the rental car company in writing and gather all relevant documents and evidence to be well-prepared in case of a legal dispute. If you have any further questions or need legal assistance, I am at your disposal.
Best regards,
Fred Kock
Travel Law Attorney
