What rights do I have if the booked rental car is not available?
August 26, 2023 | 30,00 EUR | answered by Alwin Hohenwarter
Dear lawyer,
I recently booked a rental car for my vacation, but upon pickup, I was informed that the booked car was not available. Instead, a smaller vehicle was offered to me, which does not meet my needs. I am now concerned that I have paid for a service that I did not receive.
I specifically booked a larger car in advance, as I will be traveling with my family and a lot of luggage. However, the replacement car offered is too small and does not provide enough space for all of us. Furthermore, I also paid a higher price for the larger car.
My question to you is what rights I have in this situation and how I should proceed to obtain a suitable solution. Am I entitled to a refund or to demand an adequate replacement car? How can I ensure that my financial interests are protected and that I do not pay for a service I did not receive?
I thank you in advance for your help and advice on this matter.
Sincerely,
Valentina Sauer
Dear Mrs. Sauer,
Thank you for your inquiry regarding the issue with the rental car for your vacation. I am sorry to hear that you are facing this situation, but I will do my best to assist you.
In the situation you have described, as a customer, you have certain rights that allow you to respond appropriately to the unavailability of the booked car. First and foremost, it is important to know that the rental company is obligated to offer you an equivalent replacement car if the booked car is not available. A smaller vehicle that does not meet your needs is generally not considered an equivalent replacement.
Since you have already booked and paid for a larger car, you have the right to request a refund of the price difference between the originally booked car and the one you received. You can also ask the rental company to provide you with an adequate replacement car that meets your requirements.
To ensure that your financial interests are protected and that you do not pay for a service you did not receive, I recommend informing the rental company in writing about the issue and demanding a suitable solution. You can refer to your rights as a consumer and, if necessary, threaten legal action if the rental company is not cooperative.
It is also advisable to collect and keep all relevant documents and communications with the rental company to have evidence of your efforts and demands in case of a dispute. If the rental company still does not address your claims, you may consider taking legal action to enforce your rights.
I hope this information helps you and that you can find a satisfactory solution to your rental car issue. If you have any further questions or need legal assistance, I am at your disposal.
Best regards,
Alwin Hohenwarter
Attorney specializing in travel law
