提前网上预订的爱尔兰香农机场的租车,到店取车一切顺利。因为打算用Amex赠送的基础险(premium不含爱尔兰),因而被问是否需要保险时,明确回答全部拒绝。
还车依然顺利,只是在邮箱收到账单后发现多出了一个每天6欧的“Supplementary Liability Waiver”。网上查了一下这个收费,很多人都中招过。
按照Hertz的说法,这个“保险”保的是:在租车人拒绝支付押金时,万一车损过大,租车绑定的信用卡付不起的情况(就离谱)。
然而:
1、网上预订时,以及柜台取车时,从未有人向我明确说明过存在这个收费。
2、我完全可以提供amex提供足以cover这辆车全部价值的保险policy,然而并没有任何人让我提供过。
3、我的信用卡额度也足以付任何金额的押金,然而他们从未试图向我收取过押金。
4、最重要的:因为amex保险激活的前提条件是decline所有车行提供的保险,幸好我这次租车没有出事故,否则向amex报保险的时候,很可能因为这个所谓的“Supplementary Liability Waiver”而被拒保。
收到账单后我立刻向Hertz提出投诉,要求取消这笔收费。但Hertz给我的回信依旧是在打太极,只是重复了一遍这笔收费的作用,其他一概不谈。
没办法,只能向Amex提出dispute,目前多收款项已经先行退回,但amex仍在调查中。
建议所有租车的人:在取车柜台,除了明确表明decline所有保险之外,也一定要明确说明自己的信用卡足以提供cover车辆全部价值的CDW,并明确表示拒绝任何“Supplementary Liability Waiver”的收费。
附:给Hertz写的第二封措辞强烈的回信,其中法律适用于欧盟:
Dear XXXX,
Thank you for your email dated Jun.28, regarding the charge for a Supplementary Liability Waiver (SLW) on my rental agreement XXXXXX.
I must state clearly that I find your explanation unacceptable and your refusal to issue a refund to be in direct violation of my rights as a consumer under EU law. Your justification for the charge does not address the core issue: the charge was added without my knowledge and, crucially, without my explicit consent.
Let me be unequivocal:
1.At the time of my online booking, the SLW charge was not included in the total price.
2.At the Hertz counter in SNN Airport, I was not informed of this charge. On the contrary, I explicitly stated that I decline all optional insurance and waivers.
3.At no point did I provide active, informed consent (opt-in) to purchase the SLW product.
Your email claims that SLW was “correctly applied” to protect against potential shortfalls from an external insurance source. This argument is fundamentally flawed for the following legal reasons:
1.Violation of the EU Consumer Rights Directive (2011/83/EU): This directive is legally binding in all EU member states, including Ireland. It explicitly requires a consumer’s active and express consent for any supplementary payments. The practice of adding an extra cost that the consumer has not actively agreed to is unlawful. Automatically applying the SLW charge is a clear breach of the ‘opt-in’ principle enshrined in this directive. A service or product cannot be deemed “correctly applied” if it was illegally applied in the first place.
2.Violation of the EU Unfair Commercial Practices Directive (2005/29/EC): Your company’s conduct constitutes a “misleading omission.” By failing to disclose this supposedly mandatory charge during the booking process, Hertz provided incomplete and misleading pricing information. This practice prevents consumers from making an informed decision and from fairly comparing rental costs with other providers. Had I been aware of this significant additional cost, my decision to rent from Hertz would have been affected. Presenting a customer with a non-negotiable, undisclosed fee at the point of collection is an unfair commercial practice.
Whether SLW offers a benefit is irrelevant. It is a distinct financial product. As such, its purchase is subject to my consent, which was never sought nor given. If Hertz considers SLW to be a mandatory, non-negotiable component of a rental for customers with third-party insurance, this cost must be clearly and transparently included in the total price at the initial booking stage, not added as an unwelcome surprise at the rental desk.
Therefore, I formally reject your decision. I demand a full refund for the unauthorised SLW charge.
Please process this refund within 14 business days.
If I do not receive a confirmation of the refund within this timeframe, I will have no alternative but to escalate this matter. My subsequent actions will include, but are not limited to:
• Filing a formal complaint with the Irish authority, the Competition and Consumer Protection Commission (CCPC).
• Submitting a cross-border dispute through the European Consumer Centre (ECC) Network.
• Initiating a chargeback procedure with my credit card company for the unauthorised portion of the payment.
• Sharing my experience with this unlawful charging practice on relevant travel review platforms to warn other consumers.
I trust we can resolve this matter amicably and avoid these formal proceedings. I look forward to your prompt and positive response.