Introduction

In a startling case highlighting the pitfalls of car rental reservations, British Columbia's Civil Resolution Tribunal has ruled in favor of a disgruntled consumer, Lorne Larry Whaley, awarding him a total of $319 after Hertz Canada Limited failed to provide a vehicle he had reserved.

The Incident

The incident, which unfolded on June 15, 2023, began when Whaley booked a car online through Hertz's website a day prior. To his dismay, when he arrived to pick up his vehicle, he discovered that none were available. This led Whaley to incur extra costs as he sought alternatives, including taxi fares to other rental companies and additional rental expenses.

Tribunal's Findings

Tribunal member Peter Mennie disclosed in his October 8 ruling that although Hertz claimed it made attempts to notify Whaley of the unavailability of the car, they ultimately failed to reach him before his arrival. "No car was available when Mr. Whaley arrived at Hertz," Mennie noted, stating that Hertz directed him to a nearby rental service which also had no vehicles available.

Twists and Turns

In a frustrating twist, the second rental company managed to direct Whaley to a third location where he finally secured a car after another taxi ride. Whaley subsequently sought compensation for the added expenses and the stress caused by the ordeal.

Hertz's Defense

Despite Hertz's argument that a reservation doesn’t constitute a guaranteed rental, the tribunal member aggressively refuted this claim. Mennie asserted, "A reservation implies that Hertz set aside a car for Mr. Whaley," emphasizing that without evidence from Hertz to demonstrate otherwise, he would rule in favor of Whaley.

Adverse Inference

To add insult to injury, Hertz's failure to provide documentation backing its claims of reservation policies led to an "adverse inference" against the rental giant. Mennie determined that Hertz had indeed broken the agreement by not fulfilling the car reservation.

Compensation

While the tribunal awarded Whaley $119 for his taxi fares and increased car rental costs, the ruling also addressed a noteworthy aspect—mental distress. Typically, emotional distress damages are hard to come by in breach of contract cases. However, Mennie remarked that this contract did yield a psychological benefit for Whaley, providing him peace of mind during a stressful travel situation, as he was traveling with three seniors to see a sick relative. Recognizing the emotional toll of a four-hour delay, the tribunal awarded Whaley an additional $200 for mental distress.

Conclusion

This ruling serves as a cautionary tale for consumers and rental companies alike—when it comes to reservations, the expectation of an available vehicle may be more than just a hope!