Withdrawal of agreed service due to price agreed

[Fun Bus]

Two weeks ago, I made a reservation with one of the major car rental players. This reservation was to start this coming Saturday, at an agreed price for a 27 day period.

Today, the branch due to supply the car called to say they can't honour the reservation because it's "too cheap" - they'd have to increase the figure by c.£200 to still honour the booking. I expressed my frustration calmly but firmly, and spoke to the area manager after their contact centre forwarded my complaint to them. He explained that it isn't commercially viable business for them and it should never have been agreed by their central contact centre in the first place.

I'm baffled as to how this has come about and before I write to complain, am interested to hear thoughts and opinon from the legally minded on here. Don't worry, I'm not going to go internet lawyer on them!

Thanks.

[JustinP1]

What does your contract say?

That is how this will be defined.

[Fun Bus]

That's just it - I've nothing in writing, and this leads me to think they can do this without consequence.

ETA: I do have email confirmation of the reservation.

Edited by Fun Bus on Thursday 12th February 15:24

[Eclassy]

Disgraceful if they can do this without consequence.

I recently booked a hotel in central London for an elderly relative. What the car rental company has done is no different to that hotel calling me 2 days before their arrival to say they cant honour the price thereby leaving my relative stranded with nowhere to stay/ only able to afford 7 nights instead of 10.

I would understand if they called a week in advance and gave a BS excuse (not price) but 2 days notice! Not good.

They know OP would have to go with them because the chances of him finding a cheaper car with only 2 days notice is almost zero.

I doubt this is one of the big national chains. Must be a local, one town mushroom business.

[Fun Bus]

The company concerned is one of the largest vehicle rental businesses in the world.

[JustinP1]

Fun Bus said:

That's just it - I've nothing in writing, and this leads me to think they can do this without consequence.

How did you book it, over the phone, or via the net?

[Eclassy]

I'll probably be flamed for this but its just the way I am and I like to take on authority. This is what I would do.

I am assuming you got an email confirming this reservation.

If you must have a car and have no choice anyway, then accept to book at the new price if it is cheaper than the competitition. You may want to get quotes from the competitors and save them. After you have returned the car, write to their legal department asking for the difference you paid to be refunded failing which you will begin legal action (give about 28 days notice)

If they dont refund you, there is a big chance they will fold once they get the papers from CCMC.

I recently took on the biggest online travel agent in Europe and they only offered me a voucher when I wrote to them. I rejected their offer. Once they received papers from the court, they caved in and immediately paid the full amount + claim fee.

[Fun Bus]

JustinP1 said:

Fun Bus said:

That's just it - I've nothing in writing, and this leads me to think they can do this without consequence.

How did you book it, over the phone, or via the net?

I've just checked my saved folder in my email, and I have email confirmation of the booking - stating price too. Was booked over the phone.

[JustinP1]

Fun Bus said:

JustinP1 said:

Fun Bus said:

That's just it - I've nothing in writing, and this leads me to think they can do this without consequence.

How did you book it, over the phone, or via the net?

I've just checked my saved folder in my email, and I have email confirmation of the booking - stating price too. Was booked over the phone.

That email should either have the booking confirmation terms, or a link to standard terms somewhere?

[Fun Bus]

Nothing on the email but the T&Cs link on the website takes you to a copy of the agreement which is signed upon collection of vehicle. Just reading through it - I've not signed one for the reservation they have cancelled.

[Eclassy]

JustinP1 said:

That email should either have the booking confirmation terms, or a link to standard terms somewhere?

But shouldnt the terms be fair?

What stops a car rental company from using a business model where it offers people booking cars to pick up at airports, ridiculously low prices only to email them to ramp up/double the price the day before they arrive.

It cant be right that they can simply say "its in the terms"

I guess where this may be tricky is because one hasnt paid in advance and as such no proper contract has been formed.

I would have prefered they gave a BS excuse rather than say pay more to have the same car. It is a disgraceful way to conduct business by a big chain.

[Jon1967x]

Have you shared the email with the area manager - it sounds like you found it after the conversation.

And point out that with respect, the viability of the deal to them is of no concern to you.

If they have been in contact with you about the price they presumably know that's what was quoted. It would need a legal bod to say whether in this circumstance a contract has been formed. I presume you've not made a formal booking and its just a quote? Any deposit paid or credit card taken?

Trying to sort this out afterwards won't get you very far, they won't let you drive the car away without you signing the revised terms.

[JustinP1]

Eclassy said:

JustinP1 said:

That email should either have the booking confirmation terms, or a link to standard terms somewhere?

But shouldnt the terms be fair?

What stops a car rental company from using a business model where it offers people booking cars to pick up at airports, ridiculously low prices only to email them to ramp up/double the price the day before they arrive.

It cant be right that they can simply say "its in the terms"

I guess where this may be tricky is because one hasnt paid in advance and as such no proper contract has been formed.

I would have prefered they gave a BS excuse rather than say pay more to have the same car. It is a disgraceful way to conduct business by a big chain.

I agree. However, the issue is that the devil is in the detail in these issues. The contract is what the contract says.

My only point of issue in what you've said is whether the OP has paid yet is not relevant, as you don't need to pay to form a contract.

There's two scenarios here:

1) The OP formed a contract over the telephone, and if he didn't turn up to collect the car, he'd be paying a cancellation fee.

2) There was no contract formed, and the intention was for both parties to be bound once the contracts were signed on the date of collection.

Without knowing the facts it's impossible to define which has occurred.

[V8 Fettler]

OP, go straight to the top

http://www.ceoemail.com/

"Reputable company, previous good experiences, surprised and dismayed that you've been let down, breach of contract."

Probably a local decision made by a local, low level "manager".

[PurpleMoonlight]

The hire company is likely in breach of contract.

If it costs you more to hire a similar vehicle then you can sue the original hire company for the difference.

You should remember, if a contract is entered into over the telephone then only terms agreed on the telephone are binding on both parties. An email subsequent to the telephone call stipulating alternative terms is not binding.

[pinchmeimdreamin]

Eclassy said:

Stuff

I am constantly amazed how no matter what the thread is about, either yourself our one of your close friends/family has always just gone through a similar situation.

[Some Gump]

Strange these are the bds that gave me a car with a slow puncture, then billed 220 quid for a replacement opn a kia cee'd. Op, if you can do anything to oiss them off please do, my 5 mile journey on the rev limiter had no effect.

[Fun Bus]

Well, it's just got worse - quite by chance, suffered a puncture on the way home from the office tonight. I don't know what I hit but the tyre sealant isn't doing its job. I'm awaiting recovery.

stting myself at what this will cost me.

[Some Gump]

Change for spare, at backstreet garage. Hide evidence.

Those s will get you otherwise.

[Fun Bus]

Won't work. I have to be in Birmingham tomorrow morning (quite an important day at work which I have to be present at), the car is due back Saturday morning. I've said to the AA to take the car back to the branch and I'll speak with them in the morning.

Fortunately, I can use the Wife's car tomorrow.