• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Prepaid car rental

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Superman32

New member
I had a prepaid car rental. I was coming in from out of town and it was getting late, so I called the company to see if it would be ok to come in the next day, since it was a prepaid rental. The rep told me what I was already thinking, that it was prepaid and the next day wouldn't be an issue.

When I got there the next day, however, that rep told me my reservation was for the previous day and also they didn't have my reserved vehicle type, so I would have to get a different vehicle and pay the difference (which was over 50% more). I was there because of a death in the family, and as mentioned above, I was already a day late, so at the time, I had to accept the situation and would deal with the dispute later.

When I got back home, I checked their website and even looked at all the terms and services, but it doesn't say anything about this type of prepaid rental situation.

So my question is, is there a difference in a standard rental agreement vs. a prepaid agreement? In a basic agreement, the company agrees that if you show up at a certain date/time, they will provide a car at the agreed upon terms. If you don't show up, the agreement is voided. I would think in the prepaid there would be more of a duty or obligation for the company, since compensation has already been made and the customer is locked into an agreement at that point.

I'm sure there are some legal issues and company specific issues, but I just wanted to get an idea before possibly disputing the additional charges with anyone.
 


Zigner

Senior Member, Non-Attorney
If you didn't pick up your car when agreed, then the car is released back in to the "pool" of cars...

What US state?
 

justalayman

Senior Member
When you say “prepaid”, did you prepay for a certain number of days or was it for a specific period (a specific date set)?

If it was for a specific date set and you did pay for the day you didn’t pick up the car, I believe they would be bound to provide the car agreed upon when you finally came to pick it up. After all, in such a circumstance if they charged you for the vehicle, they would have to have it available for you.

If you were not charged for the day you were supposed to pick it up but didn’t, you altered any contract you had. Once you didn’t perform as the original contract required, you effectively created a new contract. They were no longer bound by the original contract to provide a particular style of car for a particular period of time. They could rent out the car they had reserved for you the day you originally agreed to start your rental period.
 

justalayman

Senior Member
@justalayman the prepayment was for a specific date set (e.g. the 18th to the 28th). So I paid for those particular 10 days, but went to pick up on the 19th, rather than the 18th.

@Zigner The state is FL.

If you paid for the 18th forward I believe they were obligated to provide what was contracted for anytime during that period. Based on that I would see that they would not be due any additional money if they had to upgrade the vehicle in order for them to fulfill the contract.

Of course your specific contract may give the rental agency and out here so i suggest you read that thoroughly.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top