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Consequences if car is damaged or an accident occurs.
Hi all.
Does anybody know what the consequences are if the rented car is damaged or an accident occurs and an AWD code published here has been used? (That is an AWD that the user cannot justify to have). Can the rental company disclaim themselves from any responsability to the damage occured? Regards |
yes
Originally Posted by Krissi
Hi all.
Does anybody know what the consequences are if the rented car is damaged or an accident occurs and an AWD code published here has been used? (That is an AWD that the user cannot justify to have). Can the rental company disclaim themselves from any responsability to the damage occured? Regards |
AWD for London and Dubai
Can anyone give a good code for Dubai and London. Any rental company not just AVIS
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Re: Consequences if car is damaged or an accident occurs.
Originally Posted by Krissi
Hi all.
Does anybody know what the consequences are if the rented car is damaged or an accident occurs and an AWD code published here has been used? (That is an AWD that the user cannot justify to have). Can the rental company disclaim themselves from any responsability to the damage occured?
Originally Posted by ezmonee
yes
Does anybody know where it is possible to read more about this? Is the issue addressed in anyway in the “Terms and Conditions” of Avis? Thank you, Krissi |
Quite simply, the rental agreement (herewith "RA") is a contract between you and Cendant CRG, DBA as "Avis rent a car". Based on the information you provided, including the AWD, your rate and benefits were generated. If you provided false information within the RA, then you are by law in default contractually to the terms of the contract.
from the MRA (for perferred), which language is similar for the regular RA. (Whether or not I accept LDW, or if LDW is not permitted, I am responsible for the Loss if I or any additional driver authorized or not (1) abuse the car or violate prohibited use or operation; (2) drive recklessly or while under the influence of alcohol or a controlled substance; (3) fail to promptly report an accident to the police and Avis; (4) fail to complete an accident report; (5) obtained the car through fraud or misrepresentation; (6) use the car for an illegal purpose; (7) operate the vehicle off paved roads; and (8) leave the car and fail to remove the keys or close and lock all doors, close all windows and the trunk and the car is stolen or vandalized. If my responsibility for loss or damage is covered by my own insurance or my charge card issuer, I will identify my insurer and policy number or card issuer and its insurer; I authorize you to collect the Loss directly from the insurer. I authorize you to collect the Loss from a third party responsible for the damage. You will refund any sum you collect above the Loss. as "small" as it is, if you use an AWD for an association that you have no real affilation with, you "obtained the car [and its rates/coverages] through fraud or misrepresentation" |
Originally Posted by ezmonee
Quite simply, the rental agreement (herewith "RA") is a contract between you and Cendant CRG, DBA as "Avis rent a car". Based on the information you provided, including the AWD, your rate and benefits were generated. If you provided false information within the RA, then you are by law in default contractually to the terms of the contract.
from the MRA (for perferred), which language is similar for the regular RA. (Whether or not I accept LDW, or if LDW is not permitted, I am responsible for the Loss if I or any additional driver authorized or not (1) abuse the car or violate prohibited use or operation; (2) drive recklessly or while under the influence of alcohol or a controlled substance; (3) fail to promptly report an accident to the police and Avis; (4) fail to complete an accident report; (5) obtained the car through fraud or misrepresentation; (6) use the car for an illegal purpose; (7) operate the vehicle off paved roads; and (8) leave the car and fail to remove the keys or close and lock all doors, close all windows and the trunk and the car is stolen or vandalized. If my responsibility for loss or damage is covered by my own insurance or my charge card issuer, I will identify my insurer and policy number or card issuer and its insurer; I authorize you to collect the Loss directly from the insurer. I authorize you to collect the Loss from a third party responsible for the damage. You will refund any sum you collect above the Loss. as "small" as it is, if you use an AWD for an association that you have no real affilation with, you "obtained the car [and its rates/coverages] through fraud or misrepresentation" Sounds good, except ordinary persons cannot reasonably be held to know what's in the fine print. The minor transgression likely would be offset by the carrier not doing due diligence to verify that the customer is eligible for a discount. If this is really important to the carrier, they need to be more proactive, such as reading the contract terms to the customer before the customer signs. |
Originally Posted by Reindeerflame
Sounds good, except ordinary persons cannot reasonably be held to know what's in the fine print. The minor transgression likely would be offset by the carrier not doing due diligence to verify that the customer is eligible for a discount. If this is really important to the carrier, they need to be more proactive, such as reading the contract terms to the customer before the customer signs.
therein lies the problem. Its not Avis that is responsible for the LDW portion of the claims, esp one that is part of a group. 1> Group negotiates and agrees to fund/create a LDW and discount code with Avis. Avis, is only a booking agent for the policy, not the guarantor, nor the insurance grantor. These policies are 3-5k for LDW anyway, so someone would likely incurr 10k in legal fees or more chasing down only 3-5k. 2> In order to get an AWD number with a discount, the company/association signs a letter absovling avis rent a car from the litigation of such claims, listing avis as a reseller of services only. So it would be the renters duty to duke it out with the insurance company. If you USED to be part of a specific group or company, then you could easily get away with it. "no one told me to stop using it." If you were never part of the specific group or company, then the insurance underwriter could easily, and legally, deny you. Then the burden of proof would be on you to prove that either avis, the group, or the guarantor did not properly inform you of the rental car rules and regulations. 3> reasonable or not, you are provided the contract information at the time of rental, and you can choose to not read it, or read it. Caveat Emptor. Many millions of dollars and stolen identities, emails, and "sold goods" have been done in the fine print of contracts. Its your responsiblity to know what you are signing. A correlative "small print" issue, It states on every contract "no off paved road driving." Yet they rent 4wd vehicles and jeeps. But if you vehicle was damaged going off road, the LDW would not cover. I routinely see this clause invoked to deny ldw benefits. The use of a AWD via "fraud or misrepresentation" would be no different. |
Originally Posted by bob1008
I'm sure it's only a matter of time.... Kind of interesting though, why LAX have held out so long from the "surcharge whack".
Some airports have these horrible communal locations that are miles away but again it is controlled by the airport authority. ABQ comes to mind. |
I had an AWD automatically entered when I made my latest reservation. A460200. It gave a better than usual weekday at DTW. I tested the regular rates and they were cheaper than usual, albeit higher than this rate.
The only difference that I can think of is that I entered US Air as my arriving carrier, but I doubt that it is clever enough to then generate a US Air related discount. A long time ago I had the National Motorists Association in my profile and it started with A but I haven't kept track of that number. Could it have been cheaper because I returned on Friday evening? It was only $44 after all the taxes and fees. |
Originally Posted by gnaget
I had an AWD automatically entered when I made my latest reservation. A460200. It gave a better than usual weekday at DTW. I tested the regular rates and they were cheaper than usual, albeit higher than this rate.
The only difference that I can think of is that I entered US Air as my arriving carrier, but I doubt that it is clever enough to then generate a US Air related discount. A long time ago I had the National Motorists Association in my profile and it started with A but I haven't kept track of that number. Could it have been cheaper because I returned on Friday evening? It was only $44 after all the taxes and fees. the military daily rate is one of the best out there, but it is offset by the GARS fee of 5.00 per day (howthe military pays for its LDW). which often makes it more expensive than the daily rate. when rate shopping, you will see the daily rate and freak out...but after you get to the final bottom line, it will be more expensive than the everyday liesure rate. When looking at awd discounts, one cannot look at the per day cost alone. Some actually CAN waive the concession recovery fee, some can waive certain dependent taxes that are incurred on a daily basis (perfect example is the employee code a153700-dont use it, it wont work, trust me.) |
Originally Posted by max9238
Can anyone give a good code for Dubai and London. Any rental company not just AVIS
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Country of Residence?
Hi,
Just wondering about something with these Avis codes, it seems the rates change somewhat with the same AWD depending on the country of residence I choose. I see some posts here about using Estonia, etc. Are there any problems with doing this? The basic rate between my real residence (USA) and for example Poland is not much, but when I choose Poland I see LDW and theft protetection included, which makes it much cheaper (if I was to get those coverages to begin with). Is it worth doing or can I have problems at the desk? |
Originally Posted by v1rok
Bump for best AWD and/or coupon code for London. Anybody?
It was GBP 100 at Aviss for a compact car for three days incl tax and fees with this code. (I get always get upgraded generously by Avis in the UK as Pref Select so just pick the cheapest.) I noticed that taxes and fees were about GBP 10 higher for Avis. Maybe National is more "off" airport than Avis. I know that National at CPH doesn't have a desk at the airport so they don't have to pay fees to CPH. But you have to give them the flight number so that they can meet you. The woman parked illegally outside as well..... it's quite a shady operation at CPH. |
Unpaved Roads
[QUOTE: A correlative "small print" issue, It states on every contract "no off paved road driving." Yet they rent 4wd vehicles and jeeps. But if you vehicle was damaged going off road, the LDW would not cover. I routinely see this clause invoked to deny ldw benefits. The use of a AWD via "fraud or misrepresentation" would be no different.[/QUOTE]
This is hardly a risk at all. Unpaved road driving is very safe, unless you drive like an idiot. The chances of any kind of problem is probably much less than the risk on a paved road, since there is so much less traffic (almost no accidents), and modern cars hold up very well. I'm not talking about a jeep road here that requires 4WD to negotiate, but rather an ordinary reasonably maintained 2WD dirt road. I have experienced ALL windshield rock damage on PAVED roads, which is understandable because speeds are much higher and traffic is much heavier. There is also the corollary issue of their car not holding up. Then it's their problem. This can happen anywhere, such as a flat tire. That's not the driver's fault or concern. Simply mount the spare, and you're on your way. Their vehicle failed. |
tru but
rental cars use leasing agreement nowadays. When a car sustains damage in the undercarriage (and they are very specific about it), the car is yours, you cannot turn it back to the car company. a company like avis/Cendant will buy 40,000 cars and not even blink per month. Those cars are "leased" under specific programs with GM and other manufacturers. After a certain amount of time, and a certain amount of miles, the car is eligible for "turn back" to the manufacturer. If the car exceeds that mileage, or exceeds that time, the car is yours and the full price of the car is charged to you.
At turn back, an inspection is done. 99% of the time that cars are rejected, (other than too many miles or too long) the cars are turned back due to undercarriage damage, from off road driving. This is the primary reason they do not want you going off road. Sure its safe if you go slow but if you bottom out once, and bend the wrong part (even if the car operates properly) the car is theirs and they must liquidate it through auto auction yards (and up until recently, car dealerships owned by the rental company). Technically, if the car was inspected and the rover agent upon checkin spotted the undercarriage damage, you would be responsible for the damage to repair the car. However they do not have the time or the means to jack up every car and inspect for off road damage. |
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