Legal position.

[astro]

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."
-------------------------------

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

[RollerBall]

He doesn't have a leg to stand on. Hey, what's up with you? What are you scared of? The guy has stolen the car. Report the vehicle stolen to the police as it has not been returned to you and you do not know its location. Don't play any games with him. And if you still have his credit card number hit him for the days hire that he still has the car.

[chrisJumbo]

Sadly, he seems to have taken your advice that you use in your quote.

I don't believe they have any legal standing and if they still have the car, report them. However, I do not live in Greece so my advice really has no standing either. I hope it gets worked out.

[simonm]

Ignore the legalistic mumbo jumbo that he might be spouting, we can all do that! This guy simply wants a free holiday at your expense.

[DigiDog]

A petrol tanker strike is out of your control and not something that you could legally be held liable for. It could almost be described as an act of God. The terms & conditions of your rental agreement should cover this. Don't let him get away with it.

[mjtaylor]

Sadly, he seems to have taken your advice that you use in your quote.

Hehehehehe. Ironic, eh. Sorry, I know it's not funny when they have your shoes ...

It would seem you are entirely in the right. Let us know how it's resolved.

[weegillis]

How many of the 'warnings' you issued were in writing? Did you receive any written replies of acknowledgement? Can anyone corroborate your communications with the traveller? Did they at any time out and out say, "Damn the torpedoes!" In other words, did your communication ever get through to them and do you have proof they cast its cautionary message aside?

[jxw]

If the traveler is not from Greece, he is probably going to challenge the charges on his credit card. Keep on documenting everything. As it apparently is not actually your car (as you appear to be a booking agent), I assume you have been in contact with the actual rental agency. Does the customer pay you and then you pay the agency? From what I read in your post, there are really three parties. It could get complicated, so it is up to you to keep it as simple as possible. Stay in control of the situation -- don't let the customer control the debate.

[astro]

1. He has left the island.......thankfully! Using the car to get himself to the airport. That is fine, his choice. In fact he used the car most of his holiday, looking for petrol he said!
he only emailed me he had a problem the day the tankers went back to work. The stupid thing is at any time during the strike, I could have given him petrol had he asked. But difficult to prove that now! Another client who told us he was nearly out of petrol during the strike we helped as we went round to his accommodation and woke him up at 8.30 one morning to tell him to get to the petrol station as they had received a delivery during the night. The private contractors never went on strike.
2. He is welcome to challenge the credit card transaction, it's not mine! I am just the booking agent at no time do I handle any other persons money apart from my own commission which I take as a deposit. If he wants to reverse that payment, not sure I would bother chasing it. Just stick another pin in my dolly on the desk, mutter his name darkly and move on.
3. I await the solicitors letter with interest as I don't think he will go away for long! I suspect he thinks he is taking on a struggling hard pressed travel company in troubled times.
4. I have no intention of compensating him one penny.

Time will tell. Meantime he is back at work in the rain, and I am still on a beautiful island in the sun.....shame!

/astro

[astro]

Just to let you know so far so good! Silence!! But I am worried in as much as it rankles with me that a person has gone home not happy with our sevices. We just don't "DO" unhappy clients as a company.

I spoke to the guy who had handed the car over and collected it back at the airport. He had also given the guy his telephone number in the event of any problems. He told me that the guy's wife had a go at the airport with him for a refund and they appeared not to be too happy with each other at that moment. Maybe it was just a case of bucket dumping on us because their own relationship on holiday was not going too well.

/astro