Local view for "http://purl.org/linkedpolitics/eu/plenary/2009-11-24-Speech-2-409"
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"en.20091124.35.2-409"2
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"The Commission is well aware of this practice by car hire companies and has responded to a number of other parliamentary questions and citizens’ complaints about it. I personally receive many of them.
I have said before that such a practice is unacceptable if it results in consumers paying for fuel they have not used without their being clearly informed in advance. The Package Travel Directive would only apply if car rentals are included in a holiday package. However, the Package Travel Directive does not regulate this particular issue. On the other hand, these practices could be contrary to the Unfair Commercial Practices Directive and the Unfair Contract Terms Directive.
First of all, under the Unfair Contract Terms Directive, standard terms and conditions must not be significantly unbalanced to the detriment of consumers. Moreover, contract terms should be drafted in plain and intelligible language. It may be argued that a clause resulting in consumers paying in practice for something they have not consumed is unfair.
Secondly, the Unfair Commercial Practices Directive obliges traders to live up to the standard of professional diligence. Traders must be open and up-front about the main characteristics of the service provided. Car hire companies who do not inform customers that unconsumed fuel will not be reimbursed may be in breach of this directive. This practice might also be considered as contrary to the standard of professional diligence which this directive requires traders to live up to.
However, the honourable Member should be aware that it is up to national enforcement authorities to determine whether such practices are unfair and to pursue the offending companies. The Commission does not have any enforcement powers; consumers who have purchased cross-border services can, however, complain to the European consumer centre in their home country, which should be able to help them receive redress from traders in other EU countries.
But I believe that we need to do everything possible to ensure that there are no loopholes in the legislation and that consumers are not left with a sense of unfairness, hopelessness or helplessness."@en1
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