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When does a booking create a contract

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stockton
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When does a booking create a contract

#324661

Postby stockton » July 8th, 2020, 6:49 pm

I recently booked a hire car for a little over a month - no deposit was asked for. When I went to collect the car I was told a complicated story which meant that, as the booking was for more than 28 days, I should sign a rental agreement which only mentioned 28 days.
The rental car company are now saying that the car must be returned at the end of those 28 days. The booking acknowledgement is quite clear that the booking was for a longer period.
What are my rights ?

dealtn
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Re: When does a booking create a contract

#324668

Postby dealtn » July 8th, 2020, 7:01 pm

stockton wrote:I recently booked a hire car for a little over a month - no deposit was asked for. When I went to collect the car I was told a complicated story which meant that, as the booking was for more than 28 days, I should sign a rental agreement which only mentioned 28 days.
The rental car company are now saying that the car must be returned at the end of those 28 days. The booking acknowledgement is quite clear that the booking was for a longer period.
What are my rights ?


How did you book, what does your contract say (not the "booking acknowledgement" whatever that is), and did you read it or question it at the time?

Without knowing more it is a little unclear how you can be advised on what rights you have.

Given that you went to collect the car can we assume this is in the past, but you are now in the 28 day period, and don't want to return it? If so are you asking what rights do you have not to return it, or are you asking what rights do you have for financial redress?

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Re: When does a booking create a contract

#324669

Postby Mike4 » July 8th, 2020, 7:08 pm

stockton wrote:I recently booked a hire car for a little over a month - no deposit was asked for. When I went to collect the car I was told a complicated story which meant that, as the booking was for more than 28 days, I should sign a rental agreement which only mentioned 28 days.
The rental car company are now saying that the car must be returned at the end of those 28 days. The booking acknowledgement is quite clear that the booking was for a longer period.
What are my rights ?


My guess (and only a guess) is that the contract you signed trumps the booking acknowledgement, given it is at a later date.

I would say you will be classed as returning the car late. What does the contract say happens if you return it late?

stockton
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Re: When does a booking create a contract

#324680

Postby stockton » July 8th, 2020, 8:06 pm

dealtn wrote:How did you book, what does your contract say (not the "booking acknowledgement" whatever that is), and did you read it or question it at the time?

Without knowing more it is a little unclear how you can be advised on what rights you have.

Given that you went to collect the car can we assume this is in the past, but you are now in the 28 day period, and don't want to return it? If so are you asking what rights do you have not to return it, or are you asking what rights do you have for financial redress?

Booked through company website. Did question the contract and was told that they only withheld 28 days on my credit card and that was how they dealt with longer reservations,ie that was how the computer system worked.
At the moment it is just curiosity as I have not worked out whether I am disadvantaged by the change.

stockton
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Re: When does a booking create a contract

#324682

Postby stockton » July 8th, 2020, 8:10 pm

Mike4 wrote:My guess (and only a guess) is that the contract you signed trumps the booking acknowledgement, given it is at a later date.

I have never found this convincing, as signing a different contract may be the obvious way of mitigating one"s loss.

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Re: When does a booking create a contract

#324683

Postby Mike4 » July 8th, 2020, 8:21 pm

stockton wrote:
Mike4 wrote:My guess (and only a guess) is that the contract you signed trumps the booking acknowledgement, given it is at a later date.

I have never found this convincing, as signing a different contract may be the obvious way of mitigating one"s loss.


I can imagine if push comes to shove, the hire co telling the judge the desk staff are not authorised to issue contracts longer than 28 days, so you were offered a cancellation or a 28 day contract or nothing when it came to signing up, and you accepted a 28 day contract. And then the judge deciding terms of the contract you signed are the terms in force. Just playing Devil's advocaat to help you rehearse your side of things.

What does your 28 day written and signed contract say about returning the car late?

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Re: When does a booking create a contract

#324684

Postby Mike4 » July 8th, 2020, 8:27 pm

stockton wrote:
dealtn wrote:How did you book, what does your contract say (not the "booking acknowledgement" whatever that is), and did you read it or question it at the time?

Without knowing more it is a little unclear how you can be advised on what rights you have.

Given that you went to collect the car can we assume this is in the past, but you are now in the 28 day period, and don't want to return it? If so are you asking what rights do you have not to return it, or are you asking what rights do you have for financial redress?

Booked through company website. Did question the contract and was told that they only withheld 28 days on my credit card and that was how they dealt with longer reservations,ie that was how the computer system worked.
At the moment it is just curiosity as I have not worked out whether I am disadvantaged by the change.


Assuming the offer, acceptance, payment thing holds good for a car hire, I'd say it may well hinge on whether you paid a deposit when you accepted the offer of a longer-than-28-days hire contract on their website.



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Re: When does a booking create a contract

#324703

Postby richfool » July 8th, 2020, 9:27 pm

As you want to hire for longer than 28 days, are you able to make a new separate booking, for the period from the 28th day for the reminder of the required period, - assuming your plans weren't that you would be far away from the base where you hired the vehicle, on the 28th day?

stockton
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Re: When does a booking create a contract

#324705

Postby stockton » July 8th, 2020, 9:43 pm

richfool wrote:As you want to hire for longer than 28 days, are you able to make a new separate booking, for the period from the 28th day for the reminder of the required period, - assuming your plans weren't that you would be far away from the base where you hired the vehicle, on the 28th day?

4 to 5 hours drive away - so returning vehicles is obviously to be avoided.

stockton
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Re: When does a booking create a contract

#324710

Postby stockton » July 8th, 2020, 10:11 pm

Just poking around on the internet I have come across a remedy of which I was completely unaware.

"RIGHT TO A DISCOUNT

This right applies where the right to unwind has been lost. This may be because of a delay in complaining or because the goods have been fully consumed. For goods and services costing less than £5,000 there is a fixed-percentage discount ranging from 25% for more than minor issues to 100% for very serious cases. "

https://www.businesscompanion.info/en/q ... ir-trading

It would certainly surprise them if I could go down that route.

stockton
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Re: When does a booking create a contract

#325870

Postby stockton » July 13th, 2020, 5:59 pm

Has anybody used the Consumer Protection from Unfair Trading regulations to obtain compensation ?

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Re: When does a booking create a contract

#325892

Postby GoSeigen » July 13th, 2020, 8:26 pm

stockton wrote:I recently booked a hire car for a little over a month - no deposit was asked for. When I went to collect the car I was told a complicated story which meant that, as the booking was for more than 28 days, I should sign a rental agreement which only mentioned 28 days.
The rental car company are now saying that the car must be returned at the end of those 28 days. The booking acknowledgement is quite clear that the booking was for a longer period.
What are my rights ?


This is pretty standard practice. Don't fuss, just make clear you want the contract extended on the same terms after 28 days, in writing on the first contract if possible, and request the renewal be done by phone which is usually not a problem IME.

GS

stockton
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Re: When does a booking create a contract

#325908

Postby stockton » July 13th, 2020, 10:23 pm

MUST be returned - no renewal or extension of the same car permitted.

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Re: When does a booking create a contract

#326188

Postby SteelCamel » July 14th, 2020, 8:20 pm

I have a suspicion that they will be trying to make sure it's still a short term rental and not a long-term lease. If they take the car off you and give you a different (even if identical) one then the first hire has ended and a new one started, so it's been hired for less than a month. This might be something to do with the law on longer leases, or their insurance policy. Some hotels have similar policies - you can stay as long as you want but have to change rooms every 30 days.
However if that's the case, they should have made it clear when you asked for a longer booking that you would have to return the car and get another one after 28 days.


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