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post #21 of 34 (permalink) Old 05-04-2016, 14:45
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What a nightmare Trev. Must be really ruining your holiday. My expectation would have been for the hire company to deliver directly to me a replacement car and to do what they wish with their broken one. At worst I would have expected it just to be returned to them to deal with as they wish and for me to pick up another one at their expense including taxis. I am confused as to how or why you ever got involved with the garage, its not your car.

They sound appalling. Post it on as many high profile forums as you can, tripadvisor, trusted reviews etc will hopefully be the death of organisations like this.

For what its worth I have always used AutoEurope in the past. They tend to use Hertz, Avis etc, most of the known names and I have never had a problem. I even crashed one once into a lampost in Menorca and when I took it back bent they werent even bothered. I think its luck of the draw though depending which country and airport your at.

I hope you can get it sorted and try and enjoy the rest of your stay.


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post #22 of 34 (permalink) Old 05-04-2016, 18:40
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post #23 of 34 (permalink) Old 05-04-2016, 18:44
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Quote:
Originally Posted by barryd View Post
I even crashed one once into a lampost in Menorca and when I took it back bent they werent even bothered.
I wonder why that did not surprise me.....

Dave
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Remember Jo Cox and what she stood for.

Any comments above are only MY OPINION and should be read as that.

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post #24 of 34 (permalink) Old 05-04-2016, 18:53
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In my experience they are all rubbish except Helli Hollies who are Scandinavian owned.
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post #25 of 34 (permalink) Old 05-04-2016, 21:34 Thread Starter
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This is what I sent to GoldcarCares on twitter
@goldcarcares well I have been to the Goldcar office Alicante today. They told me will charge me for every day your faulty Merc is in garage

Their reply.....

"Hi T! As stated in our T&C's (https://www.goldcar.es/en/tc/ ) Goldcar reserves the right to charge customers compensation for loss-of-income owing to immobilization of the damaged vehicle. Such compensation will be calculated on the number of days required to repair the vehicle, established by an independent adjuster or, after the vehicle has been repaired, by counting one day for every eight hours of work invested by the garage and used as the base to quantify the daily rate at which the vehicle was hired. The days the vehicle is immobilized count as days the vehicle was not returned on the convened date, and thus the extra €40 per day set out in the preceding clause will also apply.

If you have further queries feel free to contact me. Thanks!"
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post #26 of 34 (permalink) Old 05-04-2016, 22:14
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Don't go back to them again, simply inform the Credit Card company that it is a disputed payment, that can be done by e-mail or by phone. The CC will freeze the payment and will seek further information from you, including have you raised the problem with the company and so on.

Give them an accurate account of all that has occurred - how the car is NOT damaged but is broken due to an electrical fault that is not of your making at all as admitted by the Mercedes garage and that therefore their t&C is a breach of trading regulations with the Credit Card company.

The key word in their reply is "damaged" which implies that it is something that YOU are responsible for - the car is NOT damaged but mechanically (or electrically) faulty. Not the same thing at all IMO. The car itself is totally undamaged;

damage

verb
past tense: damaged; past participle: damaged
inflict physical harm on (something) so as to impair its value, usefulness, or normal function.
"the car was badly damaged in the accident"


Return the present one when you leave, ask for a signed receipt for it when you do and take pictures of them examining it for damage. Keep those "just in case" they try that trick.......

I might even be tempted to return the current one now and get one from another company so that they cannot make things worse..... the fact that the garage cannot repair it is NOT your fault and the rental company cannot rent out a car that does not work and is stuck in a garage so there can be no loss of income as the car is not marketable in it's broken condition.

That way, if the CC company reclaim the fees paid so far (as they are entitled to do and will do) the rental company does not have any leverage against you if you still have one their cars and they say "you have not paid for it and it is therefore theft" and perhaps try to involve the Police......

Walk away and let the Credit Card company deal with it.

Dave
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Last edited by Penquin; 05-04-2016 at 22:19.
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post #27 of 34 (permalink) Old 05-04-2016, 23:07 Thread Starter
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Quote:
Originally Posted by Penquin View Post
Don't go back to them again, simply inform the Credit Card company that it is a disputed payment, that can be done by e-mail or by phone. The CC will freeze the payment and will seek further information from you, including have you raised the problem with the company and so on.

Give them an accurate account of all that has occurred - how the car is NOT damaged but is broken due to an electrical fault that is not of your making at all as admitted by the Mercedes garage and that therefore their t&C is a breach of trading regulations with the Credit Card company.

The key word in their reply is "damaged" which implies that it is something that YOU are responsible for - the car is NOT damaged but mechanically (or electrically) faulty. Not the same thing at all IMO. The car itself is totally undamaged;

damage

verb
past tense: damaged; past participle: damaged
inflict physical harm on (something) so as to impair its value, usefulness, or normal function.
"the car was badly damaged in the accident"


Return the present one when you leave, ask for a signed receipt for it when you do and take pictures of them examining it for damage. Keep those "just in case" they try that trick.......

I might even be tempted to return the current one now and get one from another company so that they cannot make things worse..... the fact that the garage cannot repair it is NOT your fault and the rental company cannot rent out a car that does not work and is stuck in a garage so there can be no loss of income as the car is not marketable in it's broken condition.

That way, if the CC company reclaim the fees paid so far (as they are entitled to do and will do) the rental company does not have any leverage against you if you still have one their cars and they say "you have not paid for it and it is therefore theft" and perhaps try to involve the Police......

Walk away and let the Credit Card company deal with it.

Dave
Thanks Dave,

I could not return the car as it was immobilised in the Mercedes garage, Still is. I cannot return it now as I am back here.

Very much appreciate your reply and will be following your advice.

TM
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post #28 of 34 (permalink) Old 06-04-2016, 09:03
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TM - do let us know how things progress, such things make an excellent lesson for all of us to learn from other people's unpleasant experiences - sorry for you as the worry and stress will continue until it is all resolved and no-one knows how long that will take, but I hope that it is quick for your sake.

Best wishes,

Dave

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Any comments above are only MY OPINION and should be read as that.

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post #29 of 34 (permalink) Old 06-04-2016, 10:19 Thread Starter
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Originally Posted by TheNomad View Post
If you have a Facebook account then publish a detailed report on the Spanish expat Facebook groups, such as Expats Costa Blanca.
I don't, always avoided FaceBook.

But may well start one up
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post #30 of 34 (permalink) Old 06-04-2016, 13:47
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Quote:
Originally Posted by teemyob View Post
This is what I sent to GoldcarCares on twitter
@goldcarcares well I have been to the Goldcar office Alicante today. They told me will charge me for every day your faulty Merc is in garage

Their reply.....

"Hi T! As stated in our T&C's (https://www.goldcar.es/en/tc/ ) Goldcar reserves the right to charge customers compensation for loss-of-income owing to immobilization of the damaged vehicle. Such compensation will be calculated on the number of days required to repair the vehicle, established by an independent adjuster or, after the vehicle has been repaired, by counting one day for every eight hours of work invested by the garage and used as the base to quantify the daily rate at which the vehicle was hired. The days the vehicle is immobilized count as days the vehicle was not returned on the convened date, and thus the extra €40 per day set out in the preceding clause will also apply.

If you have further queries feel free to contact me. Thanks!"




The paragraph that he is referring to ONLY APPLIES in the case of an ACCIDENT DAMAGED damaged vehicle.
Read their T & C's carefully.
It doesn't apply if there is no accident which damaged the vehicle.
In your case there was no accident. The vehicle simply developed a fault itself.
Ergo, the charges in that paragraph that they are trying to stitch you up with simply do not apply.
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