A car rental car can be rented forced to cancel the order lawyer said a serious breach of contract

Years ago, Mr. Liu booked a Volkswagen Long Line on a car rental car and paid a deposit at a local car rental store in Henan to use during his travels in Hainan. Since his parents lived in Sanya, after Mr. Liu arrived in Hainan, he needed to drive to Sanya. On the morning of New Year's Day, Mr. Liu arrived at Meilan Airport in Haikou, Hainan, and he then went to a car rental store to pick up the car. At the store, the staff told him two words: no car.

It was surprising that Mr. Liu was surprised that there were no cars ordered. When he booked the car online, the website showed whether there was a car and the booking was successful only if there was a car. In other words, Hainan's local stores should be ready for vehicles, but now there is no car. How did he go to Sanya? His trip was all disrupted.

Moreover, Mr. Liu told reporters that the staff of a local car rental store in Haikou did not give any explanation for the reasons for not having a car, and told him that they could only cancel orders and there was no other way. Mr. Liu suggested that other types of vehicles can be deployed. The staff said that there are no cars.

Mr. Liu had booked the Volkswagen Longxing this car, if it is normal, the price of this car is more than 100 yuan a day, but during the Spring Festival, the price of this car actually rose to more than 500 yuan. Even if it was so expensive, in order to make it a good holiday, Mr. Liu also paid nearly 2,000 yuan in car rental. But the money did not say, not even a car, which made him particularly angry. In desperation, Mr. Liu had to find a local friend to help and eventually arrived in Sanya when it was the night of the day.

Since it was during the Chinese New Year, Mr. Liu did not have too much investigation at that time. The shop staff had to cancel the order. The staff said that the set-a-car fee will be refunded to Mr. Liu's Cary. Mr. Liu believes that he does not have any faults. It is the first time that a car rental contract violates the contract first and he should be given appropriate compensation. However, a staff member at a car rental shop said that this is impossible and he can only return money to him.

The reporter of our program then contacted a customer service agent who rented a car to understand the situation. Customer service staff said that if there is no car, the store should communicate with customers in advance. However, if the last owner of the car does not return the car on time, it can only cancel the order.

According to customer service, booking a car on a rental car can really depend on the credit of the owner of the last rental car. If he does not return the car on time, even if the car is booked online, it may not be available.

We can't help but ask, is it true that the information on the website shows that the vehicle can be booked? The website shows whether the success of the booking is just a system behavior. What about the trust of the client? What should I do if I wait for the car owner? Who will bear the time cost?

Guest discussion

Special commentator Zhang Bin of the Voice of the Economy and lawyer Hu Gang of Beijing Chaoyang Law Firm discussed related issues.

The Voice of Economy : Customer Service has made a very interesting statement. Can you use the car depends on the credibility of the last owner, how do you view this case before and after it?

Zhang Bin : Once you rent a car as a car rental company, especially a listed company, there are serious deviations or service flaws in the operation. The company has promised or signed a contract, and has a car scheduled. You again Providing not to come out of the car, the fault itself is entirely due to the feeling that the rental car is a bit of a shop bully.

The voice of economy : Hu Gang lawyer You look from the legal aspect, is the act of renting a car is not a breach of contract, if the breach of contract consumers can not ask for compensation?

Hu Gang : I have also consulted the official website of the next rental car. I think it is interesting that the user registration agreement has a general claim that the breach of contract is a violation of the contract and causes losses to the user, and agrees to bear the corresponding damages. responsibility. However, this user registration agreement does not mention what the user should bear if he fails to submit the relevant vehicle on time.

Consumers go to rent a car, and they have signed an agreement, but at a specific place and time at a store where a rental car is hired without a vehicle, and no other similar or any other vehicle is provided, then the default situation is more obvious, but at a glance. There is no clear and clear handling of damages for public rental cars.

The Voice of Economy : Is there any relevant laws and regulations that require that a car rental must be compensated?

Hu Gang : The judicial interpretation of the contract law and the contract law is generally the same. If the penalty is generally agreed upon by the two parties, it must first be based on actual losses, taking into account the performance of the contract and the degree of fault of the parties. The comprehensive factors such as benefits and other factors must be comprehensively measured in accordance with the principle of fairness and the principle of good faith.

At present, perhaps a rental car may show the so-called way of compensating for breach of contract through other channels, but at least I can't find the corresponding agreement on its website at the moment, but see that consumers may have to bear the cost of car rental. Dozens of items, such as vehicle deposits, bank card collections, refueling fees, outage loss fees, depreciation loss fees, item loss fees, late fees, fees, on-site service fees, early return of vehicle default penalties, etc., I personally feel that Very sorry.

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