astro
08-02-2010, 07:09 PM
I have a small holiday letting agency and car hire agency which is internet based but for only in Kefalonia, Greece. I am being held to ransom by a car hire client who is claiming because of the petrol tanker strike he could not get petrol and his whole holiday has been ruined, thus he wants compensation for his car hire fees and his ruined holiday.
He was told of the strike at the airport before he drove away in his vehicle.
The strike was set to happen on the 27th of August but was suddenly advanced to last week at one days notice.
He waited until day 5 of his 7 day holiday to contact us (also a Sunday) but we responded within a couple of hours saying we were unaware of his problem as whilst in short supply most petrol stations at some time during the week long strike did have petrol for sale as some supplies were getting through. Personally I had no problems obtaining fuel and if he had emailed us earlier I would have taken him some petrol and told him where to get more. But in an effort to be helpful was happy to collect the vehicle and refund the 2 unused days. But pointed out as the strike was now over he could get petrol and the refund amount would be less than the taxi would cost taking him to the airport.
He did not accept this and is now demanding we repay everything and compensate him for his ruined holiday. But he has opted to keep the car.
I do not feel inclined to be co-operative as he was informed of the strike, he could have contacted us for help. It is not the money, I feel he thought we were not on the island and just an internet agent in the UK. Thus we were a soft target and would not be aware of local conditions and he could reduce or recover the cost of his holiday!
He was asked to read our terms and conditions in an email to him prior to the booking and on the booking form itself. At the bottom our terms and conditions states.
"Liability
Carhireinkefalonia . com acts solely as a car hire agent for a number of independent vehicle rental companies in Kefalonia. Clients should note that the contract for vehicle hire is between the hirer and the local car rental company and is subject to the law of Greece. For this reason you will be required to sign a rental contract with the rental company which supplies the vehicle. Carhireinkefalonia.com accepts no responsibility whatsoever for loss, damage, injury or death, whether arising from negligence, breach of contract of any other cause.
Cancellations and amendments
In the event that you wish to cancel or amend your car hire arrangements you should notify Carhireinkefalonia . com at the earliest possible opportunity. Amendments to bookings are free of charge.
By submitting a booking you warrant and confirm to us that you have read these Terms and Conditions and agree to comply with them."
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I also suspect he is a lawyer/solicitor judging by his emails and terminology. I am going to take this all the way, but any ideas as to the true legal position here?
/astro
He was told of the strike at the airport before he drove away in his vehicle.
The strike was set to happen on the 27th of August but was suddenly advanced to last week at one days notice.
He waited until day 5 of his 7 day holiday to contact us (also a Sunday) but we responded within a couple of hours saying we were unaware of his problem as whilst in short supply most petrol stations at some time during the week long strike did have petrol for sale as some supplies were getting through. Personally I had no problems obtaining fuel and if he had emailed us earlier I would have taken him some petrol and told him where to get more. But in an effort to be helpful was happy to collect the vehicle and refund the 2 unused days. But pointed out as the strike was now over he could get petrol and the refund amount would be less than the taxi would cost taking him to the airport.
He did not accept this and is now demanding we repay everything and compensate him for his ruined holiday. But he has opted to keep the car.
I do not feel inclined to be co-operative as he was informed of the strike, he could have contacted us for help. It is not the money, I feel he thought we were not on the island and just an internet agent in the UK. Thus we were a soft target and would not be aware of local conditions and he could reduce or recover the cost of his holiday!
He was asked to read our terms and conditions in an email to him prior to the booking and on the booking form itself. At the bottom our terms and conditions states.
"Liability
Carhireinkefalonia . com acts solely as a car hire agent for a number of independent vehicle rental companies in Kefalonia. Clients should note that the contract for vehicle hire is between the hirer and the local car rental company and is subject to the law of Greece. For this reason you will be required to sign a rental contract with the rental company which supplies the vehicle. Carhireinkefalonia.com accepts no responsibility whatsoever for loss, damage, injury or death, whether arising from negligence, breach of contract of any other cause.
Cancellations and amendments
In the event that you wish to cancel or amend your car hire arrangements you should notify Carhireinkefalonia . com at the earliest possible opportunity. Amendments to bookings are free of charge.
By submitting a booking you warrant and confirm to us that you have read these Terms and Conditions and agree to comply with them."
-------------------------------
I also suspect he is a lawyer/solicitor judging by his emails and terminology. I am going to take this all the way, but any ideas as to the true legal position here?
/astro