How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask José M. Your Own Question

José M.
José M., Attorney
Category: Spain Law
Satisfied Customers: 5784
Experience:  Spanish Attorney
54639574
Type Your Spain Law Question Here...
José M. is online now

I hired a car in Spain recently. Given long queues and busy

Resolved Question:

UPDATE - the hire car company has put the charge through on my credit card.  Since it had been pre-authorised, the fact that the card was subsequently stolen made no difference.


 


The company has NOT charged me for the tank of fuel, so I no longer need advice on that isue.  The problem that remains is the dishonest mis-selling of the SCDW and whether I can claim fraud of whatever to get this money refunded.  It's not a lot of money - but the principle of the thing!


 


I hired a car in Spain recently. Given long queues and busy staff, I didn't have the time to read through the contract carefully before signing. I noticed when I returned the car at the end of my holiday that I had been recorded as having "accepted" the company's Super Collision Damage Waiver cover at 7.20 euros per day. I was NOT asked if I wanted this. If I had been asked I would most certainly have declined because I took out an annual hire car insurance excess policy just before going on holiday. Also, I was told by the person who dealt with me that I had to pay in advance for a full tank of fuel, but that this would be refunded if I returned the car with a full tank. I double checked this with the staff member and she assured me again that I would receive a refund of the fuel charge, about 10 days after returning home, if I returned the car full. Having now (with the aid of a magnifying glass) read the small print, it would appear that the Fuel Purchase Option applies to all rentals over 4 days, and therefore that I should have returned the car empty as no refund will be forthcoming. I have to date paid neither of these charges, because my credit cards were stolen while I was on holiday and had to be cancelled. I am waiting for the rental company to contact me to ask for my new card details. It is now 10 days since my return and I have heard nothing from them yet. I have noted online that this company has a terrible customer satisfaction rating. A large number of people have complained about these two issues, including one person whose experience re the SCDW charge exactly mirrored my own - he was not asked if he wanted it, and would have refused it if he had been asked. He failed to spot the charge when signing the contract, because the staff member kept the relevant portion of the contract folded over. Do I have a leg to stand on legally in refusing to pay these two charges, having signed the contract? Does the way I was misinformed amount to fraud? The member of staff who dealt with me didn't countersign the contract as I am sure she should have done. Does that invalidate the contract?

Submitted: 2 years ago.
Category: Spain Law
Expert:  José M. replied 2 years ago.

José M. :

Hi there

José M. :

José M spanish atorney

José M. :

I am going to be honest, you have few chances to win if demand them

José M. :

In the consumers protection ofice your claim will be rejected as the conditions and terms are in the signed contract

José M. :

The contracts always says that yoy have to give the car with the tank full of gas

José M. :

So, you have no chance to win at all for that

José M. :

About the credit car, you can no reject the charge, the bank will not admit it

José M. :

So, the best will be forget them and next time read the contract carefully before signed it

José M. :

Thank you

Customer:

Many thanks.

Customer:

That's more or less what I expected to hear. I'll take great care to read the rental contract in future.

José M. :

I am sorry for the bad news, but I have to be honest

José M., Attorney
Category: Spain Law
Satisfied Customers: 5784
Experience: Spanish Attorney
José M. and other Spain Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H.
< Previous | Next >
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H.
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
 
 
 

Meet The Experts:

 
 
 
  • José M.

    José M.

    Attorney

    Satisfied Customers:

    293
    Spanish Attorney
< Previous | Next >
  • http://ww2.justanswer.com/uploads/JO/JoseMagadan/2013-6-27_16279_IMG6290copia.64x64.JPG José M.'s Avatar

    José M.

    Attorney

    Satisfied Customers:

    293
    Spanish Attorney
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Attorney

    Satisfied Customers:

    6
    Private practice with experience in common law, civil law, international family law, and international contracts.
  • http://ww2.justanswer.com/uploads/MS/MsAM/2012-6-9_16426_anna.64x64.jpeg Anna's Avatar

    Anna

    Teacher, writer, biologist

    Satisfied Customers:

    270
    Great research skills, variety of work experiences, teaching experience.
  • http://ww2.justanswer.com/uploads/PD/pdheslin/2012-6-6_232056_pambig.64x64.jpg pdheslin's Avatar

    pdheslin

    Consultant

    Satisfied Customers:

    51
    20+ years of internet site creation and search engine optimization. Dozens of search tools at my disposal.
  • http://ww2.justanswer.com/uploads/BL/blueflowers1063/2013-10-10_35834_KimHolidays1.64x64.jpg Kim D.'s Avatar

    Kim D.

    Consultant

    Satisfied Customers:

    27
    Researcher 20+yrs in small and large institutions
  • http://ww2.justanswer.com/uploads/NU/nursescare4u/2013-3-31_03429_JApic.64x64.jpg findinganswers's Avatar

    findinganswers

    Internet Researcher

    Satisfied Customers:

    22
    Internet Researcher, Nurse for over 17 years, and can find answers for you!