Severe shock to the world of car rental in Italy. In fact, a fine was imposed by the Antitrust, with a total value exceeding 18 million eurosto numerous companies, among which the well-known ones stand out Avis and Hertz. At the center of the story is one clause deemed unjustifiedimposed on customers in specific cases.
Car rental, companies fined
A total of six companies in the car rental world have ended up in the crosshairs of the Antitrust. Fine of more than 18 million euros, overall, for the following companies:
- Avis Budget Italy;
- Hertz Italian;
- Centauro Rent a Car Italy;
- Green Motion Italy;
- To rent;
- Drivalia Leasys Rent.
In the reasons we read of an oppressive clause, which the companies imposed “in an unjustified manner” on the customer for the management of fines and missed payments parking or toll. The Antitrust also ordered the immediate elimination of all this from the contract forms. The risk is in fact that of being able to “cause a significant imbalance in the rights and obligations of consumers”.
Clause deleted
The Antitrust contests this clause, which the customers of these companies had to accept when signing the rental contract. But what does it consist of? Everything happened in broad daylight, let’s be clear.
The hypothesis of an attempt to defraud customers is not contested. The Authority lashes out against the actual validity of the clause, published on the respective websites of the car rental companies. There is an obligation for the lessee of the car. This consists of payment of a lump sumin order to proceed with the management of administrative practice connected to any fine issued for traffic violations or non-payment of tolls or parking tickets during the rental period.
We could talk about administrative expenses, which the company does not intend to bear. According to the Antitrust this amount “is not justified, in light of the obligations required in the event of a fine attributable to the contractor. In fact, car rental companies must transfer customer identification data to the body investigating the infringement.”
To reinforce the unjustified nature of this clause is the automatic nature of the expected charge on the credit card of the consumer. All on the basis of a pre-authorization to proceed guaranteed by the signing of the rental contract.
Anyone who has to pay any fines due to their driving behavior during the rental period will therefore have to deal solely with the investigating body. No extra taxation will be expected and not only that. The Antitrust has in fact requested that all this be well publicized, in order to guarantee customers full awareness.
In fact, the obligation to publish an extract of the provision on the company website. With reference to the sanctioning powers attributed to the Authority, in relation to unfair clauses (Law No. 238/2021 and Legislative Decree No. 26/2023), each of the six companies cited will have to pay a pecuniary administrative sanction which, as mentioned, in full exceeds 18 million euros, as well as eliminating the clause entirely from its documentation.
