(Finance) – The Competition and Market Guarantor Authority has fined over 18 million euros in total for the car rental companies Avis Budget Italia, Hertz Italiana, Centauro Rent a Car Italy, Green Motion Italia, Noleggiare and Drivalia Leasys Rent for clauses vexatious. In particular, the Antitrust has contested the clausecontained in the contractual documentation adopted by each company and published on the respective company websites, which provides for the obligation of the lessee of the car to pay a amount flat rate (so-called “fee”) to manage the administrative procedure related to each fine imposed for traffic infringement or failure to pay parking fees/tolls during the rental period.
The additional amount provided for by the clause – regardless of the qualification adopted by each company (such as “penalty” or “service fee”) – is not justified in light of the fulfillments due in case of fine attributable to the contractor. In fact, car rental companies only have to transfer customer identification data to the body investigating the infringement.
The unjustified character of such fee it also emerged regardless of the specific amount applied by the company and due to the automatic nature of the charge on the consumer’s credit card, based on the pre-authorization provided at the time of signing the rental contract.
Upon completion of the unfairness assessment, each company has the obligation to publish a extract of the provision on your company website. Furthermore, as a result of the entry into force, from 1 February 2022, of the new sanctioning powers attributed to the Authority regarding unfair clauses – based on law no. 238/2021 and Legislative Decree no. 26/2023 – each company was sentenced, in addition to paying an administrative fine, to eliminate the clause from its contractual documentation.
“Good, even if the topic is not entirely new given that the Antitrust had already been interested in the surcharges imposed by car rental companies when they have to pay a fine to be charged to a customer” he comments Maximilian Donapresident ofNational Consumers Union. “Enough with practices that impose improper charges. The customer must pay for the car rental and nothing else. Various taxes cannot be added to round up the bill.” concludes Dona.
Satisfaction with the Antitrust decision also for the Codacons. “We have been denouncing for some time how in the car rental sector there are too many oppressive clauses to the detriment of users and absurd taxes imposed on customers – explains Codacons – The Antitrust decision accepts the complaints presented by consumers who on more than one occasion have reported charges opaque or unjustified that improperly increased rental costs”. “Clauses that dramatically increase the profits of companies to the detriment of consumers, and in this sense the authority did well to sanction the behaviors incorrect by raising a heavy fine, which we hope will act as a deterrent”, concludes Codacons.