Martin McFlynn

I almost got burned by Avis's $13.99 charge for driving less than 75 miles. While others have complained about this, I believe in my case it constitutes breach of contract. Here's why.

When I made my reservation, there was no mention of the EZFuel option, and it wasn't on my reservation.

When I picked up the car at Denver, as a Preferred member I was simply directed to a space number. In the car there was NO rental agreement (Avis's new "paperless policy").

At the exit gate, I was handed a receipt. I didn't look at it at the time, but if I had I would have noticed that Avis added a statement, "00-74 miles $13.99 EZFuel fee added. To remove show receipt".

Of course, when I returned the car fully gassed up and having driven only 68 miles, I was not asked whether I had gassed the car. When I noticed the charge I complained and had to harangue them to take it off (and yes, I did have the receipt from the Conoco down the street).

Here's why it's breach of contract. At the exit gate, the only physical action I can take is to drive the car off the lot. It's not possible to back up. In the snow and dark I can't see what's on the receipt. There is no rental agent to talk to at the exit gate, only a security guard. So it's entirely unreasonable for Avis to change the terms of my reservation at that point.

Could somebody PLEASE start a class action suit here?

keeton

Already done. Already dismissed. 5 years ago:
http://www.law360.com/articles/18148...-over-gas-fees

I have actually found E-Z fuel a convenience when I have an under-75 mile rental and a tight schedule.

On the other hand, I was almost burned one time at one location (SYR) because they have opted OUT of the E-Z fuel program without saying anything and I was charged the $7.50 a gallon (or whatever) for a 40 mile rental. When I complained, they adjusted the fuel charge to match E-Z fuel.

rasheed

There are other locations like the Budget RAC MCI franchisee who also appears to opt-out even though their personalized hang tags mention the EZ-Fuel and it is on the unique T&C online for that location.

I think the service is convenient and fair, but the gas receipt is a bit of a hassle. I don't like how the remote agent has to essentially print the receipt twice to remove the gas charge when I have a receipt. The agent assumes frequent renters would have offered the receipt (which I do) when they don't ask. Most good return agents do ask.

I agree with others on how on a tight schedule, it is a cheap time saver, but I also get really annoyed on how local gas stations sometimes manipulate prices. There are many examples including IAH, MCO, DTW and others where I essentially need to build a special database to find a different gas station or pay the robbery price.

Rasheed

wrightflyerB

Dug back a few pages, but didn't see anything on EZFuel.

I've rented a number of times, though only once through Avis (one-way Kettering local to CMH). Usually, when I return the car, say at National, the attendant checks the car for damage, miles and fuel gauge. Obviously, if the fuel isn't full, they charge the service option.

What I'm wondering with Avis, will I now have to show that receipt to the attendant upon rental returns? This EZFuel program seems to suggest that. Is that burden to provide proof always on me, or do the attendants always ask? I'll be renting every week between now and kingdom-come (aka end of July) at ORD. Are they really picky about receipts being shown?

As a final note, I always save my gas receipts in case a dispute occurs. Of course now it will also need expensed, so it will be saved regardless.

IAHtraveler

Some agents ask, some don't, if it's <75 miles. If they don't ask, they will nearly always have the fuel fee on there. And even if you show them the receipt, I'm about 50/50 for them charging for fuel and I have to have it removed. VERY annoying.

wrightflyerB

Good stuff to know. Like I've said, I travel frequently for family/vacations, but will be travelling much more for work now. I'll keep an eye out.

docbert

You're a preferred member. That means you agreed to the Avis Preferred T&Cs, which include the less-than-75-miles fee. So you did agree to it.

A class action for what specifically? The fact they they charge you for fuel if you do not re-fill the car, or the fact that they regularly incorrectly charge the fee and only remove it when asked?

The first of those you have no hope - it's in your contract (via the Preferred T&Cs), and at every location I've been at it's well displayed on/near the counter. If you're not Avis Preferred, it's on the contract, and is even one of the conditions that you need to initial to say you agree with.

If you mean the second issue (being charged when you did refill), then yes, that's an issue - but I've never had a problem getting the charge removed simply by asking. Hardly worth of a class action...

Often1

Bottom line is that OP alleged a breach of contract without reading the contract. Always a bad idea. It's free on FT. A tad bit more expensive if you actually sue.