Europcar cancelled a "paid in advance" booking because I was "late" to collect
I booked a 9 seater car for France months in advance and paid in full using the international Europcar website. We arrived 2 hours after the time the booking commenced to find that Europcar had cancelled the booking and given the car somebody else. How can they legally do this when we had paid for the car in advance? They instead gave us a much smaller car and refunded only the price difference. I want a full refund and believe they should be fined for breaking their own contract. The final invoice was sent from Europcar Australia so I assume they are now legally responsible. They have apologised to me but refuse any financial liability.
Hi there. Your booking with Europcar would have been subject to a set of terms and conditions. These terms and conditions set out all the rights and responsibilities of both you (as the customer) and Europcar (as the service provider) in relation to the hiring of the vehicle. A copy of these terms and conditions is available on the Europcar website and would have been available for viewing at the time you made the booking.
Under Europcar’s terms and conditions for rentals in France, Europcar is only required to hold a reservation for a certain period of time, known as the “guaranteed period”. If you were hiring the vehicle from an airport or railway station and were late due to a flight or train delay (and you had provided the flight or train details when booking), then Europcar is only required to hold the reservation for a period of 1 hour after the actual flight or train arrival time.
If you did not collect the vehicle at an airport or railway station, and you had provided your credit card details or paid for the booking in advance, Europcar is required to hold the vehicle until the pick-up station closes or, in the case of 24/7 stations, until midday the next day. If Europcar fails to provide you with the vehicle within this guaranteed period, they are required to offer you a free upgrade or a downgrade plus compensation (such as an upgrade voucher for a future rental).
In your situation, the above information suggests that, even if Europcar failed to hold the vehicle for you as required under the terms and conditions, you are only entitled to a free upgrade or downgrade plus compensation. These are the terms and conditions you would have agreed to at the time of booking.
It is not possible for a party to be “fined” for breaking a contract, but as the customer under that contract, you have the right to commence legal proceedings against the service provider if they have breached the contract and you have suffered loss as a result. This particular contract with Europcar is governed by French law and any legal proceedings you want to commence against Europcar would most likely need to be made in a French court.
Suggested way forward
The terms and conditions of your booking with Europcar are available on the Europcar website. If Europcar has breached the terms and conditions of its contract with you, then you may have a right to claim compensation for any loss you have suffered. As you dealt with the French branch of Europcar, the contract is subject to French law. You should consider speaking to a lawyer who will be able to fully explain your legal rights and how best to enforce them. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.
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