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-   -   reservation changed without knowledge (https://www.flyertalk.com/forum/hertz-gold-plus-rewards/749594-reservation-changed-without-knowledge.html)

erp2863 Oct 23, 2007 10:51 pm

reservation changed without knowledge
 
This can be filed under "I knew it was too good to be true" stories. Today I went onto the Hertz website to see if they had any good rates on good cars in Boise. I'm already in Boise, just didn't like the car Avis gave me and they were all out of mid-size and above. So I login, and immediately surprised that they show a convertible Corvette available. Even more surprising was the rate, $316 for 10 days, all in. So of course I reserve it. I have the email confirmation and I printed a copy into Adobe PDF from the website. So I login again later in the day, and the reservation now shows a Hyundai Accent as the car class.

What gives? My confirmation email shows the car as "Chevrolet Corvette Convertible - FUN, Automatic, Air". The rate code is TMDW. Total Approx. Charges as $316.26 for 10/24-11/2.

I honestly don't know if Boise ever has Corvettes, but the confirmation is an agreement, which to me equals a contract. If it were an honest computer/website mistake, contacting me and explaining the situation is the least they could do. Must changing it without notice is not an appropriate business practice.

noah Oct 23, 2007 11:14 pm

I would show up and ask for a Corvette -- show the printout.

My guess is that this is a Hertz.com error and you were pricing an Economy class but it showed you the Fun convertable image/car type instead.

They might not have Corvettes but if you stick to your guns (and *Definately* act like you expected a Corvette not an Accent) and you should be able to ge a decent car for your price if they have luxury or sporty availability. Not sure what that would be in BOI..

Let us know what happens!

JLewisinSyr Oct 24, 2007 5:51 am

You'll probably get an Accent. All websites, Hertz included, have caveats about system and pricing errors.

erp2863 Oct 24, 2007 1:22 pm

As expected, there was no Corvette. They were shocked at the confirmation I brought in, but showed that in the system is was booked as group A, which Boise does not even carry. They had a Subaru Outback a free upgrade, but I decided to keep my Avis rental.

Regarding T&C's on the Hertz website, this is what I found:

Disclaimers. WE PROVIDE THIS WEBSITE, THE SITE MATERIALS, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH OR IN CONNECTION WITH THIS WEBSITE ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN, AGREEMENT WITH US TO WHICH YOU ARE A PARTY WITH REGARD TO A PARTICULAR PRODUCT OR SERVICE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW

Conflicts. In the event a conflict arises between any information posted on this website, this Agreement, and/or any contract you have with us, the terms of your contract with us will prevail over this Agreement and the information posted on this website, and this Agreement will prevail over information posted on this website.

An offering was made in the written confirmation I received. In many states, this is a binding contract which I could enforce. Of course I would be a fool to waste my time trying to remedy the breach of contract over seat time in a Corvette.

CrazyOne Oct 24, 2007 8:50 pm

Not a lawyer, etc. but it's hard to see how a printout from the web site could become the same as a written contract. Written contract is what they print out at the rental counter is what I'm thinking. A printout of what the web site says is still just the web site.

I would have taken the Outback at that price. You didn't mention what your Avis car was, but I can't imagine it was better. ;)

magnetic1 Oct 26, 2007 9:27 pm


Originally Posted by erp2863 (Post 8611847)
This can be filed under "I knew it was too good to be true" stories. .

Im in the same boat actually. Except Im gonna be a little more upset because I went from a $180/week Focus rental to a $270/week rental when I saw the "Corvette".

We'll see what they do for me in Vegas tomorrow. Though if I log into the system now to view my reservation, it shows me as reserving a compact. Kinda sucks caus I woulda had a bigger car for cheaper if I didnt try to spring for a "too good to be true" offer. :mad:

erp2863 Oct 27, 2007 10:04 am

I think this occurs without consequence for the rental companies because it never gets pushed to a higher level, ie. court.

Looking into basic contract law, a price quote can be considered an offer for contract if the quote contains enough detailed information (terms) to be construed as a contract. The contract is then confirmed by the buyer/leasee when given reasonable time to accept and initiate the contract. I looked over my price quote confirmation email and there is not any language that would lead me to believe that the quote is contingent upon any other factors except the legitimacy of the personal info I supplied. Even the car is stated to be a Corvette, and it does not have the term "or an equivalent vehicle".

This is all dependent on state level commerce codes. It could also possibly fall under consumer fraud for a bait-switch scheme to get consumers into the rental agency under false pretenses.


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