Author Topic: Rental Car? Read the fine print! (Read 3124 times)

ispar · « **Reply #30 on:** June 21, 2001, 11:14:00 PM »

Quote

Originally posted by SOB:
hehehe...actually Ispar, I think Sudz is a great guy, but I gave him a one star rating. Oh, and I gave the same to you too!

SOB

C'mon, that's what I'd expect from you! I think I would be worried if you gave me anything different. Still, that calls for retaliation. Five stars!

ispar · « **Reply #31 on:** June 21, 2001, 11:16:00 PM »

Oh, btw SOB... you misspelled "truly" in your profile pic.

SOB · « **Reply #32 on:** June 22, 2001, 12:29:00 AM »

5 Stars?!? Bastard, just for that, I gave Montezuma 1 Star!

SOB

Truely, truly, whatever. I's sepll gud!

sling322 · « **Reply #33 on:** June 22, 2001, 01:26:00 AM »

Ha!! Take that! 5 stars for both of you bastards !!

Nash · « **Reply #34 on:** June 22, 2001, 05:36:00 AM »

Uhm... Has this been tested in the courts yet?

Doesn't seem right...

Also... while there may be many examples that I just can't think of right now, what other private companies/services are able to fine people (not talking reimbursement of damage or anything)? Prolly lots.. I dunno... List em if you know.

How long has this practice been going on? If it hasn't hit the courts yet, it surely will soon. Not only do I think this is bad business (just plain stupid), I think it's over reaching in a legal sense (fine print my arse).

Fishu · « **Reply #35 on:** June 22, 2001, 05:43:00 AM »

Sounds scary..
At least I wouldn't want someone to log my movements and SAVE it to a log.
Think about that how many ways there would be to abuse that information in the log?

Of course theres good sides, but I would be more for the privacy than for the good sides.
People dies anyway, cars gets robbed and crashed.

Sandman · « **Reply #36 on:** June 22, 2001, 05:48:00 AM »

Imagine if they took a longer view and a group of major auto rental companies used a device such as this to record your driving habits in their car and then shared it among themselves as a basis for determining rates.

Were I a rental company, and I had the data to show that customers exceeded speed limits, I think rather than levy a fine, I'd have a different rate. Speeders would pay more for the same car. The rental company has sufficient incentive to do this. Insurance companies will no doubt reduce their rates if this were in place. It may not be fair, but it's business.

Bottom line... If you want to speed, use your own car.

Sandman · « **Reply #37 on:** June 22, 2001, 05:52:00 AM »

Quote

Originally posted by Montezuma:

I would instantly call my credit card company and tell them NOT to pay this charge due to fraud.

How is this fraud?

I don't necessarily agree that this is a good thing. I certainly don't like being monitored, but I don't see how this guy has a leg to stand on. He saw the contract and he signed it. Sounds legal and binding to me.

Nash · « **Reply #38 on:** June 22, 2001, 05:56:00 AM »

Sand - contracts in and of themselves do not a legal and binding document make.

Sandman · « **Reply #39 on:** June 22, 2001, 06:00:00 AM »

No?

I'll shut up now...

Nash · « **Reply #40 on:** June 22, 2001, 06:04:00 AM »

No

Nash · « **Reply #41 on:** June 22, 2001, 06:06:00 AM »

Er.... however... it may still be a good peice of paper... I dunno... Has it been tested?

Maverick · « **Reply #42 on:** June 22, 2001, 01:44:00 PM »

Couple of issues here.

1. The speeding issue is rather cut and dried as far as the excessive speed is concerned. The rental car company does have a point as there is no where in the US a posted speed limit of 90 mph. That would probably be considered primae facie (sp?) evidence of speeding,. That is provided there was a "legal proof" offered atesting to the accuracy of the system. There might be a bit of a problem there depending on what proff the rental car could bring. Additional information would have to be provided about the speed limits in the area in question, although again, there is no street / highway with an approved speed limit of 90MPH.

Second issue is the charges levied. The contract may have provided adequate information and warning of the charges. The renter will have to show that there was NOT adequate notice of the clause or that it was not in his contract. Calling the bank to refuse payment is not an option here as the renter used a DEBIT card for this purchase. NOTE!!!! NEVER USE A DEBIT CARD FOR THIS!!!! The charges have ALREADY been collected from his account and now he is in the position of trying to retrieve money from the rental company. This is always harder than just refuting charges that have not been collected. He will be fighting "uphill" on this one.

This will be interesting indeed to see if the civil action of the rental company can be upheld. Please remember this is purely a CIVIL action and proof beyond a reasonable doubt is NOT the key item. Only reasonable presumption or the preponderance of the evidence will be needed to "prove" the case.

Personally I think the rental company has a good case if they limit this to speeds that are clearly not legal in the country. Now if they are going to use posted limits and fine for exceeding them they will have a hard time. Even GPS has an error radius for position. That means you could be "shown" on a road adjacent to a highway when you are actually on the highway and traveling the posted speed limit. A 50' circle of error would cause havoc with that sitation.

Mav

[ 06-22-2001: Message edited by: Maverick ]

miko2d · « **Reply #43 on:** June 22, 2001, 01:58:00 PM »

Quote

Originally posted by Gadfly:
How do they know he exceeded the speed limit? Was he doing 80 in a 70 or 40 in a 30?

They did not penalise him for violating traffic laws - that is cops' job. They penalised him for exeeding a speed limit they set for their car. Probably 70mph or so.

The thing to do would be to put a govenor on the car if they don't want excessive wear and tear.
That may be dangerous and most likely illegal. Car is approved according to some standards. Any modification affecting it's operation would have to be approved too.

For the prices they charge for a rental, I DEMAND the right to abuse the car.
You can demand all you want, the air is free. Of course if you demand in writing, you would have to pay postage.

45$x365=16,425$, so in one year they recoup the price of the car, plus a hefty profit AND they sell a one year old car at a good price.
So why aren't you in a rental car business reaping the profits? Lower the price a bit to still stay profitable and undercut their business.
You either cannot do it or do not bother to do it (your choice stupid or lazy

), so you have to rely on someone else renting you a car. And since it's their business, they set the rules.

miko

mrfish · « **Reply #44 on:** June 22, 2001, 02:07:00 PM »

Quote

Originally posted by Nash:
Sand - contracts in and of themselves do not a legal and binding document make.

true - but there are extremely explicit conditions to void a contract in america. it has to agree to bind someone to something illegal or bind someone to do something that is not performable. the other terms deal with age, term, consideration or arent relevant here. it would be intersting to see where the courts finally land on this one. they both have a case at least.