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Car Hire Problem : Advice Needed

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  • 01-07-2009 7:23pm
    #1
    Closed Accounts Posts: 233 ✭✭


    I'll try to be as brief as possible with this:

    I recently travelled to eastern europe (Poland) with a group of 15 people.

    Because of difficulties organising public transport we decided to hire
    some cars to get us about on our trip.

    A friend from the Uk who was part of the group researched
    and provisionally booked with First Choice, a Uk travel agent, their
    office is in Wellingborough.
    They seemingly then contact a reservation agency who actually
    secure the cars which you book.
    We required and requested two eight seater vehicles.
    This was confirmed and in the contract.

    I made the full payment for both vehicles in advance using my credit card
    the day before we flew out, I did this over the phone with the agent
    from the First Choice shop.

    When we arrived in the airport at the scheduled time and went to
    the Europcar agent, after filling in the paperwork, the lady said our cars
    were ready and the drivers were given the keys, as I was one of the drivers
    I made my way to the vehicle. We were told they would be Kia cars but they were in fact Ford Galaxys. After a few minutes checking the body for scratches / damage etc my mate then said 'we have a problem'.
    The Fords are seven seaters, so therefore between the two we had transport
    for 14 people only. There were 15 in our group.
    So obviously we returned to the desk and explained to the lady who
    gave us a bemused look, we showed her the First Choice contract which I possess which in black and white states in the contract two x eight seater vehicles.
    We then had to call the First Choice office where I was put on hold for some time, this was using my mobile which of course whilst roaming is very expensive. I then finally got through to the lady I had given my credit card details too. I explained our situation, meanwhile the Europcar lady informed us that they had no larger vehicles available.
    Time was against us as we had plans for that evening which meant we needed to get on the road asap.

    The First Choice agent told me she understood but she would have to call
    their reservation agent, (who she refused to tell me the name of or pass on their number) and that she would call me back. We waited and waited in frustration as the minutes passed by, finally I had to call back and demanded to speak to the person I was dealing with.
    I explained that they had let us down with the booking and should therefore arrange an alternative for us. We could, for example have taken the 2 Fords and a small two seater car as we had 3 or more people over 25 and with full driving licenses in the car, I explained that we were now rushing and needed this to be sorted immediately. She apologised and said that she could not do anything personally and that she needed to speak to the manager of the reservation agent and again that she would get back to me. This went on and on and finally I had to give them an ultimatum, that they a) either give me a full refund or b) arrange another car for us.
    They did not do either and finally I called to tell her that as far as I was concerned the contract was cancelled and that I would expect a full refund as they had let us down.
    We had no choice but to go to Avis who were the next nearest hire company at the airport, they supplied us with 3 cars with little hassle and of course there was no middle man this time which made things so much easier.

    The First Choice agent called me later that day she said she could not guarantee that I would get a full refund, I was fuming and told her that they had broken their side of the contract by not supplying what we ordered AND paid for.

    I am out of pocket now to the tune of over 900 euro and am awaiting to see if my credit card is re-credited. (as explained above the full payment was made in advance)

    So can someone please tell me if I am correct and within my rights to expect a full refund for this balls up?

    I have read the small print...and I have written proof by the Europcar agent that the cars supplied were not sufficient for us.

    The agreement states in the Important Notes.....
    "If the policy does not meet your needs, you have 14 days from receipt of the policy documents to cancel it. Your premium will be refunded in full so long as you have not travelled, made a claim or plan to make a claim"

    Although we travelled I told the agent that as far as I was concerned the booking was cancelled as they did not meet our requirements and despite taking over 90 mins whilst we waited impatiently at the airport they did not make alternative arrangements or indeed seem to make any attempt to rectify the situation despite their apologies.
    I also have a massive phone bill as a result.

    I have received no contact from them since my return home a few days ago.

    I have never encountered this type of problem before hence the post and am not too familiar with consumer issues or what my rights are or who to go to for help so any advice would be greatly appreciated.

    Thanks for reading.


Comments

  • Closed Accounts Posts: 5,070 ✭✭✭ScouseMouse


    Photocopy your paperwork with the relevant important parts underlined, send it to your credit card company and do a charge back.

    Not supplying what was ordered and paid for, is a breach of contract.

    Keep us posted.


  • Closed Accounts Posts: 3,357 ✭✭✭Beano


    oddone wrote: »
    The agreement states in the Important Notes.....
    "If the policy does not meet your needs, you have 14 days from receipt of the policy documents to cancel it. Your premium will be refunded in full so long as you have not travelled, made a claim or plan to make a claim"

    this sounds like it refers to insurance not to the car hire itself.

    tbh you are better off getting on to your credit card company and asking for a chargeback


  • Closed Accounts Posts: 233 ✭✭oddone


    Photocopy your paperwork with the relevant important parts underlined, send it to your credit card company and do a charge back.

    Not supplying what was ordered and paid for, is a breach of contract.

    Keep us posted.

    Thanks for the replies!

    I have never heard of a 'charge back' before, is that possible without
    direct correspondance with the company(ies) involved?


  • Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    oddone wrote: »
    Thanks for the replies!

    I have never heard of a 'charge back' before, is that possible without
    direct correspondance with the company(ies) involved?

    Get on to your bank, or credit card operator, tell them that what you ordered wasn't available, you didn't take up the service that was offered, they offered no suitable alternative, and they are refusing to refund. Tell them to reverse the charge, or you will take it further.


  • Closed Accounts Posts: 233 ✭✭oddone


    jor el wrote: »
    Get on to your bank, or credit card operator, tell them that what you ordered wasn't available, you didn't take up the service that was offered, they offered no suitable alternative, and they are refusing to refund. Tell them to reverse the charge, or you will take it further.

    Thank you for your help mate.


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