Car rental contract how much hidden "overbearing clause"Signed the rental contract, buying liability insurance "books" little Teng's cost has soared to over 7000 Yuan from the original 300 yuan. Recently, the morning news hotline received a complaint for a car rental.
Car rental contract ever suspected of "overbearing clause"? Morning news reporters covers the city's 12 car rental companies in the near future, get the 9 companies of the rental contract, lawyers, and academics to "consultation". Results show that many contracts for "overbearing clause", "void".
This rental contract also reflects the car rental, the burgeoning industry has loopholes.
From 300 to 7000 Yuan, the rental contract only protect the company?
Xiaoteng is a "laptop", get a driver's license is more than a year, but never had a chance to touch the car. 24th for a solution "have an itch", he came to the "**" Chang Ning Road, car rentals, rent a Skoda Jing Rui.
After the signed contract with the company staff warmly introduced two additional insurance: car damages exclusions, 18; accident liability exemption, 28. Specific explanations are that this insurance for voluntary purchase, purchase vehicles such as small scratches, exempting vehicles from normal. Xiao Teng took 46 Yuan, would like to buy a security.
After getting the car, little Teng Yue friends ran a long, really had a car addiction. At 1:30 P.M. the next day, when he was driving on the highway, because the car change lanes suddenly, when the little Teng to avoid, wipe the car hit a guardrail. Xiao Teng stalled car view, that body damage is light, he began to rejoice, and buy yourself that extra insurance.
But after the car back to the car rental company, store personnel checking, rejected the little Teng's car, on the grounds that the car damaged, repaired. The two exclusions additional insurance work? According to xiaoteng said, after he called the car rental company's complaint, they initially replied, just buy the 18 car exclusion of liability damages, will be able to return; and finally changed, and assessment of the damage will depend on the car inspector shall prevail. After 1 hour of negotiations, little Teng, throw in the towel, prepared near the car into the garage.
Just out the door, "boom" sound, into a straight car. Police found that the smaller vines bear the full responsibility. Xiao Teng took 6 days to process, return the car and detained 6 days car rental fees. Meanwhile, he was told, bought insurance, indicated in the contract, "accident, lessee takes depreciation fees, equivalent to 30% of repairs."
Xiao Teng Yi, and rent a day plus insurance, originally a 321, and finally his actual expenditure including trailer parking fee 190 wounded seeking 500 Yuan, 7 day car rental costs and additional insurance costs 2247, traffic violation charge 500 Yuan, and depreciation expenses, spending a total of more than 7,000 yuan. Xiaoteng in retrospect, originally their own contracts and insurance, too busy to help, even as the car rental company's "arms".
Car rental "big shot": confirm the order to give the contract
In fact, you want to get a copy of the rental contract, is no easy task.
In the past two weeks, the morning news reporter randomly selected 12 car rental companies in the city, with a car who ask for a contract. In contrast, SMEs are more likely to provide electronic versions of the contract, and the "big" enterprise customer service staff recommended "directly obtained from the store". "**" Car rental reply is, cannot provide the contract, on the grounds that "I'm sorry, our contracts are automatically generated, not to confirm the order, you don't see."
"China auto rental," West Road branch in Dalian, the staff initially said, take a look at, but you can't take away, "contract is legally binding, not free to anyone".
Finally, in 12 car rental companies, morning news reporters have collected 9 contracts, including China, Hi, Hertz, extreme, Lin, Xin Rui, Jin Cheng, Shu Shun, friends. Reporters look found, which is labeled with the name of the lessor, lessee, as well as about article content. But 2 does not contain any provisions, only time, models and pay for such projects. As regards the remaining 7 contracts, and stipulates the rights and obligations of both parties, as well as fees, ranging from a few, many dozens of articles.
For those who refused to provide the car rental company, East China University of politics and law professors say, they are some of the reasons for flimsy. So-called "contracts have the force of law", only in a stamp, and both sides signed the case before it is established.
Secondly, "after you have placed an order, through the system automatically sends" this statement, Kim said, on the basis of a contract based on these agreements, car rental companies the above procedure is not informed in advance, is not valid.
Investigation of 2 lawyers: contracts in connection with the "overbearing clause"
How much a car rental contract hidden trick?
In reviving Zhong Jianfeng lawyers in a law firm, in addition to 2 very simple contract, the remaining 7 contract of "overbearing clause" as a suspect. The so-called "overbearing clause", is unilaterally developing, the other party cannot participate in, develop, passively accepted its unreasonable terms. However, these 7 car rental contract, privity of contract specification for foreign enterprises.
First is the contract provision for vehicle insurance. Many "car group" think you sign the contract, accident compensation all paid for by the insurance company. In fact, car rental companies are selective for Xianzhong, in addition to investment and insurance, the remaining category of commercial insurance is not mandatory. So, which voted, how much money, determined by the Corporation, do not discuss it with the drivers. This means that, in the event of an accident, is not among the insured, will drivers pay.
Second, some compensation provisions of "overbearing clause" suspects. For example, in a contract of a large chain of car rental companies, there is an article: "after the vehicle lost, companies require the lessee in case public security organs before you have to pay rent. "
Zhong Jianfeng said, according to the law, "car group" If's "good management" obligation, that vehicle should have taken care of, so the loss of risk should be borne by the owner that the car rental company, and now through a contract onto the "car group".
Finally, many contract clauses concerning the rights and obligations are vague. Referred to as "car group", "improper", how to define it?
Zhong Jianfeng said that theoretically, the "car group" have the right to consultation and leasing companies, but in fact are not likely. "Even if you don't rent, as well as others, you don't have any negotiating capital. "
Survey 3 scholars: excessive compensation, additional penalties may be "invalid"
Also on the rental contract, King cocoa of comment--shouldn't the provisions, but not provided for in the provision, part of the terms of the contract in connection is invalid. Deal with the accident, "car group" responsibility.
First of all, most contract, insurance loss, outside of the context, by "car group" commitment. Car rental companies also have the right to charge the lessee the vehicle depreciation compensation, liquidated damages, continue to charge the rent or charging outage costs, insurance raised its fees. Problem is that if drivers do not have responsibility for the accident, the format clause is invalid.
Secondly, even if "car group" is the responsible party, many contract the amount of compensation is too high. For example, after the accident, the car damages to be paid, and sometimes have to pay extra fee for a certain percentage. Some contracts and then to "car group" additional "penalties", the lack of legal basis.
Moreover, many contract "car group" unconditional return the car on time. In fact, if "car group" due to force majeure cannot return the car on time, does not have to bear.
Finally, the part of the contract provides that "car group" have the obligation to check the condition, or had an accident should be held responsible. "Car group" is not a professional, much less maintenance, which somewhat harsh.
In addition, Coco said, many contracts on "car group" key provisions of the rights, obligations, should be marked in bold, carry out standard terms of "tips". 9 contracts, does not meet this requirement.
So, the rental contract in the end who cares, how to pipe? Morning news reporter called "12315" hotline, the answer is similar to the problem is not within the scope of the contract.
The industry says, car rental is a fringe industry, special fast development over the years, but as time is short, no specific regulations of the State, more rely on the self-discipline of enterprises, which includes the development contract.
Car rental contracts calling for
Why should we sign the contract? This is the article about the rental contract section trying to explain a problem, it is very basic, is also important.
So-called "contracts", in the "Baidu encyclopedia" refers to the parties or between the parties establish, change or terminate civil relationship agreement. Simply put, signing a contract, means must assume the rights and obligations of the parties to abide by a "spirit".
As reflected in its Latin original intent of "trading", "contract" or "spirit", represented a commercial society equal and trustworthy. "Faith" is the premise of "equality". It is regrettable that, in those car rental contracts, we found enough "equality". The inequality of rights and obligations, also contributed to the rental company and the "car group" root of the disputes. Now that "equality" is doing enough, "faith" will be frequently out of range.
In addition, our environment, and does not seem to be "equal" and "trustworthy" and an "contractual spirit" to create the conditions, even failed to keep the "bottom line", for example, related departments, the industry association has not issued a standard rental contract text, reference for the industry.
Maybe that is the problem.