Car rental customers illegal to pay additional breach of contract into industry practices

A survey by the Southern Metropolis Daily found that charge d'affaires in violation of the regulations and charging a certain amount of fees has become the practice in the car rental industry, but there is no clear requirement for the amount of fees. While the transportation department, as the upper management department of the car rental industry, has administrative management rights, it does not have actual operating approval and enforcement rights. Once a dispute arises, it is difficult for consumers to maintain their legal rights through direct and effective methods.

　　 Car rental company "violation of breach of contract damages" to provoke complaints

Mr. Chen signed a car rental contract with China Car Rental Co., Ltd., which stipulates: “All violations shall be handled within 25 days from the date of occurrence. If the customer fails to eliminate the owner’s car in violation of the rules, he shall be liable for breach of contract damages at the rate of 200 yuan per day. The maximum penalty for breach of contract is no more than 6,000 yuan."

Mr. Chen told reporters that he violated the regulations at the Guangzhou Airport Expressway and immediately received a reminder message from the car rental company to pay a fine to Guangzhou. However, he was told that he could not handle the case because the new traffic rules stipulated that a car could not handle more than three violations. There are dozens of violations in the rental car he uses. Mr. Chen communicated with the car rental company. The company stated that he can act as a substitute for the violation of the regulations, but he must deduct him 600 yuan in default. Mr. Chen believes that his inability to deal with violations is not subjective. The car rental company's move is unreasonable. After repeated communication and recourse to the media, the customer service staff finally agreed not to collect liquidated damages and only deducted 200 yuan as a penalty.

Yesterday, the Southern Report reporters to China Shenzhou Car Rental Co., Ltd. to understand the situation, customer service staff said that the so-called violation of liquidated damages is to protect customers can deal with the problem of car violations, as to how much the customer should pay the penalty, you need to be based on the specific circumstances of the violation, Unable to set standards.

　　 How much does not have to negotiate breach of liquidated damages?

The reporter found yesterday that a large domestic car rental company will receive a deposit of 2,000 yuan through a credit card pre-authorization method when the consumer returns the car. Once a violation is found, it will notify the consumer of the short message in time if it is not stipulated. If the violation is handled within the deadline, the breach penalty will be charged according to the severity of the violation. The rest of the money is thawed after a month or so depending on the regulations of different banks.

In the "car rental" car rules, the reporter saw that if directly or accept the customer's commission to handle the ticket, the customer must pay the penalty for violation, illegal service charge and breach of contract damages, the penalty amount according to the seriousness of the violation Degree measure.

However, the customer service staff of China Shenzhou Car Rental Co., Ltd told the reporter that the breach of contract payment was in fact the agency service fee for the violation, and said that the car rental company did not benefit from it. For the specific amount of liquidated damages, the customer service staff of China Shenzhou Car Rental Co., Ltd. also failed to give a definite amount, saying that it would be determined based on the violations and be deducted directly from the 2,000 yuan pre-authorized deposit. In other words, consumers have no room for negotiation and choice.

In a visit, the reporter learned that, as a matter of practice, local small car rental companies in Zhuhai have also received a certain amount of deposits. As a violation, some car rental companies charge a deposit of 5,000 yuan. If the consumer entrusts handling the violation, they will deduct some fees according to the agency fees. deposit. The cost of acting as a non-construction agent will not be higher than 100 yuan at a time, but if it is still necessary to subdivide it, it will be about 200 yuan each time.

　　 Department statement

　　 Car Rental Industry Truth: "Unable to Constrain"

This reporter learned that before 2004, the car rental industry was subject to the "Interim Regulations on the Administration of the Car Rental Industry." At the end of 2007, the "Provisional Regulations on the Management of the Automobile Leasing Industry" was abolished, and the car leasing industry became an industry without special laws and regulations.

As the competent department of the car rental industry, relevant person in charge of the Regulations Division of the Municipal Transport Bureau told the reporter that at present, the state does not provide a clear regulatory authority for the car rental industry, and the Transport Bureau has administrative authority, but there is no operating approval permit and enforcement. Right, so it cannot be effectively supervised. The entry threshold for the car rental industry is relatively low, and it is only necessary to apply for registration and registration in the industrial and commercial departments.

If there is a dispute between the consumer and the car rental company, the relevant information may be reflected to the Transport Bureau. The relevant department may negotiate, but cannot enforce any measures. For the contractual content of the car rental company, the transportation department cannot intervene through administrative means. In general, industry associations can play a better role in supervision and regulation. However, Zhuhai does not have a corresponding car rental industry association. Under normal circumstances, it is best for consumers to safeguard their rights through litigation.

The person in charge said that in the case reported by reporters, the daily default penalty set by the car rental company was 200 yuan, which was too high and not reasonable, and it was debatable.

The reporter learned that the "Law of the People's Republic of China on Road Traffic Safety" clearly stipulates that if the driver fails to pay the fine when due, he shall impose a fine of 3% of the amount of the penalty plus a fine every day. If the penalty is calculated on the basis of the fine of 200 yuan, far Lower than the rental company's daily fine of 200 yuan.