Stolen Enterprise rental Mustang has woman facing $47K bill
#46
Join Date: Dec 2013
Location: YYZ
Programs: AC100K, Delta Plat, Nat EX EL, IHG Plat, Marriott Plat, NEXUS
Posts: 179
Almost all pictures are time stamped in some way these days, and it would be yet one more piece of evidence that the renter did as instructed by the rental company, i.e., bring the car back, park it on their lot, and return the keys through the slot.
I would bet that this additional evidence would be helpful should the thing ever go to trial.
I would bet that this additional evidence would be helpful should the thing ever go to trial.
Enterprise's policy is there and they offer the option for an after hours drop off out of convenience. Should a renter choose to exercise that option they do so at their own risk/peril.
#47
Join Date: Oct 2001
Location: Almaty, Kazakhstan
Programs: UA Gold, Hyatt Discoverist, IHG Platinum, Accor Silver, Choice Privileges Gold
Posts: 2,070
Re the potential of lawsuits, the article says that the $47k charge to her card "won't go through" but that it could cause her financial difficulties. The 47k is alleged to be the replacement value (for a Mustang???).
If the charge doesn't go thru, I would think she wouldn't have to sue anyone, altho I suppose that depends on what, if any, financial difficulties arise from a charge that doesn't go thru. I'm not familiar with what difficulties arise from a charge that doesn't go thru. Anyone else know? tls
If the charge doesn't go thru, I would think she wouldn't have to sue anyone, altho I suppose that depends on what, if any, financial difficulties arise from a charge that doesn't go thru. I'm not familiar with what difficulties arise from a charge that doesn't go thru. Anyone else know? tls
#48
Join Date: Oct 2010
Programs: My opinions are my own and not that of my employer(s)
Posts: 1,411
Who said she has car insurance? My wife frequently rents cars, but she doesn't officially own one (both ours legally belong to me because I get the no-claims bonus) and accordingly she doesn't have any car insurance.
And anyway, would insurance for one's own car really cover theft of someone else's car???
And anyway, would insurance for one's own car really cover theft of someone else's car???
#49
Join Date: Feb 2009
Location: LAX
Programs: HH Diamond, SPG Gold, Marriott Elite Gold
Posts: 1,032
It wouldn't make a lick of difference. What's to say you can't take your pictures and then either take off with the car or trash it.
Enterprise's policy is there and they offer the option for an after hours drop off out of convenience. Should a renter choose to exercise that option they do so at their own risk/peril.
Enterprise's policy is there and they offer the option for an after hours drop off out of convenience. Should a renter choose to exercise that option they do so at their own risk/peril.
#50
Join Date: Jul 2004
Location: tus
Programs: AA executive platinum, United premier gold, Hilton Diamond, Marriot Gold
Posts: 277
Rather difficult to do when the plane departs before the rental car franchise is open for business, as is frequently the case at airports in Canada and Australia.
If she indicated at the time she booked the rental what time and day she would be returning the car, then I am afraid this is the rental agency's fault. They assume the risk by having unattended car return lots.
If this happened to me, I would tell the Enterprise and my bank, too bad, so sad, but you are out of luck. Sue me baby.
As for the CC insurance covering it, if I were the bank, I would take the position that my obligation ended when the car was returned. Which is what her personal insurer is saying: "Cockerill's insurer said the car wasn't in her control, so it shouldn't be her problem. "
Enterprise wants to run a low cost business: this is a consequence.
If she indicated at the time she booked the rental what time and day she would be returning the car, then I am afraid this is the rental agency's fault. They assume the risk by having unattended car return lots.
If this happened to me, I would tell the Enterprise and my bank, too bad, so sad, but you are out of luck. Sue me baby.
As for the CC insurance covering it, if I were the bank, I would take the position that my obligation ended when the car was returned. Which is what her personal insurer is saying: "Cockerill's insurer said the car wasn't in her control, so it shouldn't be her problem. "
Enterprise wants to run a low cost business: this is a consequence.
#51
Join Date: Jan 2007
Programs: No single airline or hotel chain is of much use to me anymore.
Posts: 3,279
I'm not surprised by what her insurance company said, my parents had a beef with a rental car company a number of years ago, they disputed the damage and the rental company didn't provide very compelling documentation. Their insurance company made it pretty clear they had to take an exceptionally hard line with rental companies because of inflated claims and other dishonesty. Their insurance company told them they had their back, call us if they threaten to sue you. But they had no intention of paying anywhere near what was demanded. They also ruled it not at fault because of the poor documentation.
Last edited by Error 601; Jan 4, 2014 at 4:04 am
#52
Join Date: Dec 2013
Location: YYZ
Programs: AC100K, Delta Plat, Nat EX EL, IHG Plat, Marriott Plat, NEXUS
Posts: 179
I've done it quite often here in YYB both at the airport and the neighbourhood locations.
#53
Join Date: Dec 2013
Location: YYZ
Programs: AC100K, Delta Plat, Nat EX EL, IHG Plat, Marriott Plat, NEXUS
Posts: 179
Bingo, finally someone who I think hit the key point. This happens to me frequently where my flight is at 6 or 7 am and even at a major airport like MSP there is no attendant at the car rental return lot until 6 am. When I rent a car it always asks when the car is to be returned which I will note to be at 5 or 5:30 am. They knowingly rent it to you under those circumstances and therefore, in my opinion, should take the responsibility when they provide a drop box for the key on their lot. Hire someone to be there at that hour.
The after hours is a convenience to us, the renters. Would you rather they tell you that you can't drop it off after hours and force you to take a later flight?
#54
Join Date: Apr 2000
Location: Chicago Illinois
Programs: 1MM UA
Posts: 1,753
I'm sorry but if she chose to accept the car, she accepted the terms of their agreement. You can say that it may not be enforceable until you're blue in the face but I highly doubt Enterprise has written any of their contract policy without the input of some serious contract lawyers.
#55
Join Date: Jul 2004
Location: tus
Programs: AA executive platinum, United premier gold, Hilton Diamond, Marriot Gold
Posts: 277
[QUOTE=
The after hours is a convenience to us, the renters. Would you rather they tell you that you can't drop it off after hours and force you to take a later flight?[/QUOTE]
Or you could choose to rent from a different car rental company, of course assuming you could find one. Strange that the airport is alive and buzzing at 5 am with all kinds of employees at work, but major car rental companies cannot seem to have anyone there prior to 6am. Again hire someone to be there at that hour.
The after hours is a convenience to us, the renters. Would you rather they tell you that you can't drop it off after hours and force you to take a later flight?[/QUOTE]
Or you could choose to rent from a different car rental company, of course assuming you could find one. Strange that the airport is alive and buzzing at 5 am with all kinds of employees at work, but major car rental companies cannot seem to have anyone there prior to 6am. Again hire someone to be there at that hour.
#56
Join Date: Dec 2013
Location: YYZ
Programs: AC100K, Delta Plat, Nat EX EL, IHG Plat, Marriott Plat, NEXUS
Posts: 179
IMO even if you, as a consumer, are able to get out of it after some legal wrangling, they, the vendor, are in the right.
The renter knowingly accepts the terms and conditions offered by the rental company. Nobody puts a gun to their head and the contract isn't written in Klingon or invisible ink.
To me, people that knowingly and willingly accept the terms of a deal only to cry foul later and waste resources in court are a drain on society. Just my 2 cents.
I couldn't care less what they 'want' me to think. Right is right and it's as simple as that in my mind.
The renter knowingly accepts the terms and conditions offered by the rental company. Nobody puts a gun to their head and the contract isn't written in Klingon or invisible ink.
To me, people that knowingly and willingly accept the terms of a deal only to cry foul later and waste resources in court are a drain on society. Just my 2 cents.
I couldn't care less what they 'want' me to think. Right is right and it's as simple as that in my mind.
#57
Join Date: Dec 2013
Location: YYZ
Programs: AC100K, Delta Plat, Nat EX EL, IHG Plat, Marriott Plat, NEXUS
Posts: 179
Or you could choose to rent from a different car rental company, of course assuming you could find one. Strange that the airport is alive and buzzing at 5 am with all kinds of employees at work, but major car rental companies cannot seem to have anyone there prior to 6am. Again hire someone to be there at that hour.
Again, it all comes down to the consumers choice to accept the terms AS THEY ARE. I agree 100% that I would feel better knowing that my rental is closed out when I drop it off at 5am, but I choose to rent knowing that there won't be so by doing so I am willing to accept the terms of the rental.
With Enterprise it's even more glaring as they state the risk when making the reservation online and over the phone.
#58
Suspended
Join Date: Oct 2006
Location: Atherton, CA
Programs: UA 1K, AA EXP; Owner, Green Bay Packers
Posts: 21,690
IMO even if you, as a consumer, are able to get out of it after some legal wrangling, they, the vendor, are in the right.
The renter knowingly accepts the terms and conditions offered by the rental company. Nobody puts a gun to their head and the contract isn't written in Klingon or invisible ink.
To me, people that knowingly and willingly accept the terms of a deal only to cry foul later and waste resources in court are a drain on society. Just my 2 cents.
I couldn't care less what they 'want' me to think. Right is right and it's as simple as that in my mind.
The renter knowingly accepts the terms and conditions offered by the rental company. Nobody puts a gun to their head and the contract isn't written in Klingon or invisible ink.
To me, people that knowingly and willingly accept the terms of a deal only to cry foul later and waste resources in court are a drain on society. Just my 2 cents.
I couldn't care less what they 'want' me to think. Right is right and it's as simple as that in my mind.
#59
Join Date: Dec 2013
Location: YYZ
Programs: AC100K, Delta Plat, Nat EX EL, IHG Plat, Marriott Plat, NEXUS
Posts: 179
The rental company knowingly accepts a reservation that ends before they get their lazy butts into the office, and tells the renter the procedure to return the car at that time, thus understanding, on the companies part, that the renter will do as instructed. If the company feels that their office is in such a sketchy part of town that they can't do this safely, they should stop accepting such reservations.
#60
Join Date: May 2002
Location: Sacramento, CA, US
Posts: 2,229
Back in my college days, I would occasionally rent a car for one day from a neighborhood location. That location was closed on Sundays.
I soon figured out that I get 2 days rental out of the car by returning it anytime before the rental office reopened on Monday morning at 8am.
That usually worked, although one time somebody apparently came in "early" and I was charged for 2 days.
I soon figured out that I get 2 days rental out of the car by returning it anytime before the rental office reopened on Monday morning at 8am.
That usually worked, although one time somebody apparently came in "early" and I was charged for 2 days.