Car Rental Rights

 When you rent a car in the EU, Norway or Iceland, you are entitled to the following: 

• Clear pre-hire information
• A fair contract
• In some cases access to alternative dispute resolution in the case of car rental disputes.  
• Non-discrimination - i.e. prices cannot differ based on nationality/residence

Please note: car hire is not covered by EU rules that entitle you to a 14-day ‘cooling-off’ period. You don't automatically have the right to cancel and claim a refund, although the car rental company's terms and conditions may allow these things.

To rent a car hassle free, follow the advice provided below. 

Before renting (and driving) a car in another EU country, you need to check if your driving licence is valid there. If you’re planning to drive your rental vehicle in several countries — in the EU, Norway or Iceland and beyond — you should inform the rental company when booking the vehicle. That way, you’ll ensure the vehicle documentation, insurance, traffic rules, and breakdown cover comply with rules in every jurisdiction you drive in.

Contracts

Terms and conditions must detail all the conditions for hiring a vehicle. They should clearly describe the key rental services in all national languages applicable to the parties of the contract. Moreover, they should contain information regarding the rental’s main features, such as mileage included, fuel policy, cancellation policy, and deposit requirements.

Policies may differ greatly. Different — and sometimes multiple — terms and conditions may apply based on how you book the rental. You can opt to rent a car directly from a car rental company or through a third-party agent (intermediaries/brokers, online travel agencies, comparison sites/metasearch engines). Keep in mind that third-party agents do not provide the rental car service. They book a car in your name with the rental company. 

Prices quoted online and offline represent the basic rental package. You may be able to add extras, such as airport/location-specific surcharges, extra insurance cover, a child seat, an additional driver, and driving through several countries. Prices must include all charges in the total booking price at the time of booking, including additional costs such as specific fuel service charges, airport fees, ‘young driver surcharges,’ and the ‘one-way fee’ (if the return location differs from the pickup location). The optional extras must be itemised — in particular for insurance waivers that reduce the amount due in case of damage or the excess payable by the driver where the insurance is insufficient. If the driver purchases additional insurance or a seperate damage waiver, they should get a detailed description of what these cover before signing the contract. The driver’s age and type of driving licence will affect car rental prices. 

Fuel policies

Fuel policies may differ across service providers and national jurisdictions. There are two main policies:

• Collect full — return empty
  No refunds will be paid for unused fuel, even if the whole tank was paid for upfront.
• Collect full— return full
  The vehicle is provided with a full tank of fuel. It is the consumer’s responsibility to refuel the car with the correct fuel type before returning it. If the vehicle is not returned with a full tank, the consumer bears the cost of refuelling.

Please note: fuel should not be prepaid unless the consumer was clearly notified that it should be in the terms and conditions they agreed to in the pre-hire contract.

Insurance

By law, all rental vehicles must be covered by the third-party liability insurance valid in all EU countries. This insurance should be included in the rental price. You can also take out optional insurance to cover other risks, such as injuries to the driver, damage to your vehicle, theft of your vehicle or its contents, vandalism, and legal assistance.

Before signing a car-hire contract, make sure you know exactly what the mandatory (and, if applicable, the optional) insurance contract covers. The contract should detail what is and is not covered, as well as the excess that may be charged in the event of a damage or other claim.

Collection

Both renters and rental company employees should inspect all rental cars before renters drive away. Usually, a checklist or diagram details the state of the car at the time of collection. If no staff member is available to inspect the rental car, it is crucial that you inspect it yourself. Write down or take pictures of any damages before you leave the premises.

Accident

In case of an accident, you should always write down the names and addresses of everyone involved. Notify the car rental company right away and explain the situation. The car rental company should handle the recovery, repairs and replacement of the rental car if necessary, and deal with the insurance company. If there is a dispute over who is responsible for the accident, you should also immediately notify the local police.

• Collect evidence 
  Collect as much evidence as possible. Take dated/timed photos and a video from all angles of the hire car and details of the scene. The photos and video(s) can serve as proof for settlement of the damage. 
   
• Fill in the European Accident Statement 
  Be sure to carry the European Accident Statement form with you. You will need this claim form if you are involved in an accident and  want to submit an injury claim. Most insurers require a European claim form when you file for 
   
• Agree on damages you caused
  When returning the hire care, do not forget to double check the damages on the rental vehicle and agree on any damages you have caused before signing the return form. 

Comply with fuel policy 

Check and make sure that you comply with the fuel policy of the car rental company. It’s important to familiarise yourself with the rental car company’s fuel policy and abide by it. Otherwise, you may need to pay a penalty or surcharge (see ‘fuel policies’ above under ‘pre-hire’). 

Do a damage inspection 

If your itinerary permits, try to return the car during the car rental company’s office hours. Inspect the car together with a competent employee and make sure all damage is recorded. Take pictures and a video of the rental car. This is a great way to preserve evidence. 

Make sure that a representative of the car rental company signs an acceptance form or indemnification statement. This proves that the hire car has been returned in the same condition as you received it. It’s important to keep the paperwork no matter whether there is damage to the car or not. 

If you choose an after office hours drop-off, make sure to take photos and a video of the vehicle that confirm you’ve returned it in good condition. As a rule, cars returned outside office hours are inspected for damage on the following day. Consumers can be charged with damage at a later stage.

Return car in good time

Make sure you can return the car in good time (especially if you’ve agreed to do so outside office hours). If necessary, organise your trip around it. If you are late returning the car, the car rental company may charge extra fees. Car rental companies tend to charge for a full day even if the car is just one hour late.

Unlike the third-party booking agent, the rental company is responsible for the implementation of the contract — unless the contract specifically states otherwise — in the case of disputes, regardless of the booking method.

Step 1: file a complaint with the company

Disputes about extras and damage surcharges after returning the car constitute the most common problem in the car rental sector. If a dispute occurs, you should contact the car rental company in writing, seeking an explanation and evidence of damage in the form of a repair certificate or invoice.

Step 2: file a complaint with your national European Consumer Centre

If the company does not respond to or dismisses your complaint, contact your national European Consumer Centre (ECC). Our legal specialists will assess whether the ECC can accept your complaint for processing. If yes, we will mediate between you and the car rental company. Our legal assistance is free of charge. Find the contact details of your local ECC here.  

Step 3: file a complaint with a dispute service

If the ECC is unable to solve your complaint, contact the European Car Rental Conciliation Service (ECRCS) or a national Alternative Resolution Body (ADR) . The ECRCS or an ADR body can assess and mediate in your complaint if the car rental company in question adheres to its rules.

Note: you can file your complaint with the European Car Rental Conciliation Service in English. The decision of the European Car Rental Conciliation Service or national ADR body is binding on the participating car rental company but does not in any way restrict your right to seek legal redress.

Find more information about consumer dispute resolution in the European Union on the Your Europe website. 

More information

Read more information about consumer dispute resolution here. 

If the car rental company does not respond to or dismisses your complaint, contact your credit card provider, explain your complaint, and check if a chargeback is possible. 

If the above steps fail, you can take legal action via the European Small Claims Procedure, which allows you to pursue a cross-border claim (up to €5,000) via the local court in your country of residence.