Compensation for broken down car

Old Sep 13, 19, 2:39 pm
  #1  
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Compensation for broken down car

Rented a full size at TUS a few days ago. Brand new. Only had 100 miles on it. Today I've had major problems -- failure to start for 20 mins. Engine light. Electronics and ac fan power oscillating while driving. Failures to start again. Engine noises while driving.

There's no hertz near by so I have to drive two hours back to TUS to get an exchange and another two hours back. I need a reliable car so fine. But killing four to five hours out of my day and the work time lost because of it is a huge inconvenience. I'm out in the desert right now.

I'm Five Star right on the edge of Presidents Circle if it matters.

What would be reasonable to expect hertz to offer or do in a situation like this as compensation for the problems? I've had mechanical issues before but not this bad and not this far away from a rental place.
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Old Sep 13, 19, 2:41 pm
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In my experience, they give an upgrade for the type of car (not just Hertz, this has happened to me a handful of times) . . .
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Old Sep 13, 19, 6:34 pm
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As per the rental terms and conditions, they owe you nothing, because they donít warrant the fitness or merchantability of the vehicle for any purpose or use.

But more often than not, they comp a portion of the rental - just ask.
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Old Sep 13, 19, 7:27 pm
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Originally Posted by jim32190 View Post
As per the rental terms and conditions, they owe you nothing, because they donít warrant the fitness or merchantability of the vehicle for any purpose or use.
I doubt this clause can be upheld. At the minimum, why would a renter rents a broken vehicle?

Originally Posted by jim32190 View Post
But more often than not, they comp a portion of the rental - just ask.
I partially agree. I would have to say the full rental should be comped, depending on the length of the rental.
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Old Sep 14, 19, 9:00 am
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Originally Posted by dgtsf View Post
Engine noises while driving.
I would be very concerned if the engine did not make a noise while driving!

-J.
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Old Sep 16, 19, 5:45 pm
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Originally Posted by jim32190 View Post
As per the rental terms and conditions, they owe you nothing, because they donít warrant the fitness or merchantability of the vehicle for any purpose or use.

But more often than not, they comp a portion of the rental - just ask.
IANAL but have never heard of a jurisdiction where a business serving consumers can disclaim an implied warranty of merchantibility
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Old Sep 17, 19, 8:32 am
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Originally Posted by aCavalierInCoach View Post
IANAL but have never heard of a jurisdiction where a business serving consumers can disclaim an implied warranty of merchantibility
I canít find a copy of Hertz terms but I have a National rental jacket from last month and it says in section 2, in capitals, that ďRenter is renting a vehicle and any optional accessories as is, and has had an adequate opportunity to inspect the vehicle and any optional accessories and itís operation before leaving the ownerís premises. Owner excludes all warranties, both express and implied, with respect to the vehicle and any optional accessories, including any implied warranty of merchantability or fitness for a particular purpose.Ē

And this makes total sense, for the fact that if something serious were to go wrong with the vehicle, causing a collision letís say, the rental company would want nothing to do with the incident.
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Old Sep 17, 19, 8:46 am
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Originally Posted by jim32190 View Post
I can’t find a copy of Hertz terms but I have a National rental jacket from last month and it says in section 2, in capitals, that “Renter is renting a vehicle and any optional accessories as is, and has had an adequate opportunity to inspect the vehicle and any optional accessories and it’s operation before leaving the owner’s premises. Owner excludes all warranties, both express and implied, with respect to the vehicle and any optional accessories, including any implied warranty of merchantability or fitness for a particular purpose.”

And this makes total sense, for the fact that if something serious were to go wrong with the vehicle, causing a collision let’s say, the rental company would want nothing to do with the incident.
Companies write all sorts of things into contracts that are totally unenforceable (the implied warranty of merchanitiblity being a particularly hard one to get around/effectively disclaim in the consumer context, IIRC) - perhaps a consumer attorney can chime in here.
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Old Sep 17, 19, 1:03 pm
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Originally Posted by jim32190 View Post
And this makes total sense, for the fact that if something serious were to go wrong with the vehicle, causing a collision letís say, the rental company would want nothing to do with the incident.
A contract clause does not supersede consumer protection law.

So if a car rental company does nothing about a broken rental car, the company will be in danger of engaging a deceptive business practice.

Also - there is also product liability as well.
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