Even though rental car prices have stabilized at a high level this summer, it is essential for many tourists to rent a car.
“As every year during the peak holiday season, we are receiving more and more inquiries from members on the subject of car rental legal advice. From individual contractual clauses to ambiguities with insurance and vehicle damage issues, we have many aspects in dealing with rental cars that sometimes surprise unpleasant”, explains Nikolaus Authried. The ÖAMTC legal expert has compiled typical pitfalls, obstacles and important information:
liability insurance
Particular attention is paid to choosing the right type of insurance: “When it comes to liability insurance, we recommend paying attention to the sum insured – the EU minimum amount of €1.3 million for property damage, for example, can be definitely exceeded”, explains the ÖAMTC legal expert. “If the sum is not sufficient in the event of damage, you are liable with your private possessions – and that can be expensive.”
Hull versus fully comprehensive:
“You are better protected as a renter: on a rental car, you have comprehensive insurance, including theft protection and no deductible. Ideally, windows, rims and tires are also insured,” says Nikolaus Authried. International car rental companies often use English abbreviations for their insurance packages: for example, “CDW” stands for “Collision Damage Waiver”, which corresponds to fully comprehensive insurance – but whether with or without a deductible is still unclear.
“Often, deductibles are also hidden in the ‘small print’, especially when a ‘no deductible’ contract is concluded through an intermediary – in the event of a claim, there is often a deductible that must be paid to the lessor, but that can be recovered by the intermediary.” , according to Authried.
Attention: The rental conditions or the contract indicate where you can and cannot use the car. If it is contractually prohibited to drive the rental car across borders or off-road, you must never violate this prohibition. Otherwise, there is a risk of insurance issues.
Credit card:
At the time of booking, it should be noted that the primary renter of the rental car is also the owner of the credit card provided. “Otherwise, credit card will not be accepted for deposit at time of collection – and no car without deposit,” says Nikolaus Authried of ÖAMTC. “Also, the credit card must have sufficient funds on day X and the PIN must be known.”
Traffic fines & Co.:
Under the terms of the agreement, many rental companies reserve the right to subsequently charge fines and unpaid parking or tolls from the credit card – often without prior contact with the customer, but plus a processing fee – but there is a risk of such a fee. for the additional effort, if a corresponding official letter is sent to the customer only.
Other countries, other shipping requirements:
If important tools are missing during a traffic check, the driver is (also) responsible for this. “It’s safe to ask the rental company in advance if they take care of the correct equipment in the vehicle. It sounds strange, but it’s true – because each country has its own transport requirements,” explains the ÖAMTC lawyer. In some European countries, for example, two warning triangles or even a set of replacement lamps must be carried. “You’d better check the correct equipment again when you take over.”
Vehicle checks on collection and return:
Upon taking over, you must take sufficient time to check the vehicle for previous damage and pay attention to the exact note on the delivery protocol. If any damage is not recorded, it is best to contact the owner immediately and not start until everything is clear.
“Even when returning, it is important that the tenant insists that the vehicle is checked on the spot and the result is recorded in writing”, advises the mobility club’s lawyer. Photographic documentation can provide additional security.
According to Authried, problems arise if the rental company is returned outside opening hours and therefore in his absence: “Here the vehicle is parked in a certain place, the key is thrown in a box. It seems easy, but it always takes return to it later Uncertain whether the damage to the vehicle was already present at the time of return or was caused later. Therefore, this form of return should be avoided.”
Calculation day:
If, upon returning from vacation, you find incomprehensible debts on your credit card statement, you need to act quickly! “Otherwise, you run the risk of missing the objection deadlines to the rental company. In case of unjustified claims, vigorous resistance to the renter in court is advisable initially”, concludes Nikolaus Authried .
If you have any questions or difficulties in dealing with rental cars, you can contact ÖAMTC legal counsel at any time – free of charge and exclusively for members. Information at www.oeamtc.at/rechtsberatung
If there are problems on site during the holidays, ÖAMTC legal counsel can be contacted 24 hours a day from abroad on the emergency number +43 (0)1 25 120 00. Legal protection insurance facilitates law enforcement in litigation case.
In order not to forget anything important, the ÖAMTC checklists help when booking and picking up rental cars – downloadable at www.oeamtc.at/mietwagencheckliste
The Reservation Checklist also contains an overview of the most common international abbreviations (such as “CDW”).