Another victory on the subject of excessive penalties in car rental contracts. After the representative action against Sicily by Car, Consumer Movement also wins against Goldcar: the Bolzano court accepted the association’s requests and ordered the company to inform customers of the right to reimbursement. This is what Movimento Consumeri announced today, which promises a class action if Goldcar does not refund consumers.
«We hope – he states Paolo Fiorio, coordinator of the MC National Legal Service – that the succession of sentences declaring these penalties vexatious lead to a real change in car rental contracts. Now Goldcar must spontaneously repay the penalties unduly collected from 2014 to today. Otherwise, MC will initiate a class action to obtain the refund of the amount illegitimately paid by consumers».
Excessive penalties in car rental contracts
Consumer Movement has started representative inhibitory actions towards major car rental companies that they apply unjustified and excessive penalties in the event of fines notified to the companies for violations of the Highway Code, failure to pay tolls and, in the event of accidents, for damage or theft.
The court of Bolzano, after having accepted the association’s requests against Sicily by Car on 17 June, with the sentence of 19 June, also declared the penalties in the contract of Goldcar: 55, then became 24.40 euros (for infringement of the Highway Code and for failure to pay tolls) e 50 euros (due to failure to refuel).
The court, the association announces, sentenced Goldcar to inform consumers of the illegitimacy of the clauses and of the right to obtain the amount paid with the publication of the sentence in “Il Sole 24 ore” and “Il Corriere della Sera”, on its website and with the sending of a communication via email or registered letter with return receipt to each consumer who has suffered the application of penalties starting from since 2014.
“For the years 2018 and 2019 – states MC – it is estimated that the company’s revenues, for penalties relating to traffic fines alone, were 1.5 and 2.6 million euros respectively. It is therefore assumed that for 10 years a total damage for consumers of approximately 20 million euros will be incurred, without considering the proceeds of penalties for failure to refuel”.
