Who is responsible?

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This topic contains 4 replies, has 5 voices, and was last updated by  SimonS1 17 Nov 2018
at 21:53

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  • Cwyfan

    I booked and prepaid a hire car at ATL with Avis through BA.

    All went smoothly until I got home, but then I found a rental car charge on the Amex that I used to cover any excess charges.

    I have filled in the online customer issue form online twice for Avis, but neither time had a response.

    I have asked Amex to make it a disputed charge, but nothing has happened despite me sending all the documents of proof that they asked for.

    Should I really be taking it to BA as my contract and payment was to them.

    Anybody have any experience and advice as to what I need to do next?

    Thanking you in anticipation.


    Bear in mind that I am not a lawyer and this is my layman’s opinion

    There are two strands here

    1 – the contractual agreement
    2 – the charge or credit card issuer

    BA acted as agent and collected your payment, but you signed an agreement with Avis, so that is who your contract is formed with.

    You paid with American Express, so you may have recourse to them.

    I do not think BA has any obligation to assist you.

    If I was in this position, I would

    1 – telephone Avis and ask them why they charged you this amount
    2 – telephone Amex and ask them why they have not charged back the amount

    If you can present a reason from Avis to Amex, e.g. Avis says they charged legitimately for ‘x’ and you dispute it, then I would have thought that Amex would be obliged to investigate.

    Just my tuppence.


    Looks like the nightmare I had with AVIS last year on a prepay where an inexperienced agent processed the return wrong so was rebilled. Disputing the charge made it worse as they actuaally credited me shortly after the rebilling, so in their system it looked as though I had not paid. Took much toing and froing to sort it. I suggest you keep checking AMEX that they have not credited you and definitely get in touch with AVIS.


    Similar happened to a friend who had booked and pre-paid for an Avis car through BA. When the car was returned at completion of rental there was an outstanding charge to be paid. Upon querying this he was told that it was for the extra insurance which he had signed for at the commencement of hire. He protested that he had not agreed to this, he had signed the digital display screen (no paper copy at this location) and it turned out the extra insurance box had been ticked. Even though he was adamant he had not ticked the box or agreed to extra insurance, they would not waive the fee. Could it have been sharp practice by the agent at commencement? No way of knowing and Avis would not budge.


    Whenever I hear Avis it reminds me of banks, utility companies and those brown things on the pavement you try not to step in.

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