Car Rental Agreement

[ecriyas4u]

Hi All,

I have rented a car last month for 4 days to help my friend's wedding. On the 4 th day, the day after his wedding, he drove the car and on the way the car break down with engine default. He then called the car company and informed. Later they claim that I need to pay 6000$ because he is an unauthorised driver ( he has a valid singapore driving license ) as he didn't sign the rental agreement and the agreement states that any unuathorised person drive the car, fine is 6000$. They already deducted my deposit. Apart from that they are asking 6k more..

Is it legal for them to claim 6k$ for that contract terms in the second page, which I didn't even read carefully while signing the contract.

[MikeJones]

Seriously? You didn't read the contract but signed it anyway? You let someone else drive the car who is not party to the rental agreement and now you want to know if their terms apply? Of course they do. Sorry but you're going to have to pay up.

Every rental car I've ever rented has clauses about unauthorized drivers, if you want someone else to be able to drive the car they need to be added as an authorized driver when renting the vehicle in the first place, this isn't hard they just need to be there and show their drivers license to get added.

[PNGMK]

I agree with Mike. The one thing I'd add is that renting from the smaller rental car companies here is not a good idea unless you have a recommendation from several people. They are cheap for a a reason. I'd go for one of the big four unless as I said you really know the smaller one we'll.

[Strong Eagle]

$6,000 is a lot for an unauthorized driver. You signed it, you are responsible for it, but you might do some research to see if you would be better off not paying it and letting them take you to court. It really depends on how that has worked out historically.

[princessb]

yes, must read contract carefully especially the fine line.

[ecriyas4u]

Lol.. how funny some people reply to this. I hope they read all those fine prints when they sign up for a bank credit card or mobile phone line or anything of that sort. I sued the company and court declared that the car company have no authority to charge fine on me. Even if an unauthorised driver drives it , as Long as there is no illegal activities , they can’t even demand anything. If due to that act , they face severe loss, then they can raise a claim on us..
Many thanks for your replies..

[ecriyas4u]

Seriously? You didn't read the contract but signed it anyway? You let someone else drive the car who is not party to the rental agreement and now you want to know if their terms apply? Of course they do. Sorry but you're going to have to pay up.

Every rental car I've ever rented has clauses about unauthorized drivers, if you want someone else to be able to drive the car they need to be added as an authorized driver when renting the vehicle in the first place, this isn't hard they just need to be there and show their drivers license to get added.

Once you rent a car , anyone with a valid license can drive that car.. If someone steal your car, your car company can’t penalise you !!

[ecriyas4u]

$6,000 is a lot for an unauthorized driver. You signed it, you are responsible for it, but you might do some research to see if you would be better off not paying it and letting them take you to court. It really depends on how that has worked out historically.

True bro !!
Court rules out that no private party has authority to charge ‘fine’ , so the case dismissed
And they were ordered to bear all my legal fees and my deposit also is refunded

[PNGMK]

Well done on the outcome. Although I suspect you're lying.

[x9200]

I think he is not lying. There are some terms that could be considered illegal/unfair contractual terms, this especially if there is a consumer involved as a party. In general such terms should be reasonable. Paying that much for nothing is not reasonable. This is also the reason no LL in case of very early termination can ever enforce the tenant to pay the whole contractual amount of rent but only the damages s/he actually incurred.

[ecriyas4u]

Why should I lie on a public forum about such a matter ? Do you think I consider everyone else as fools ? I filed harassment charges on them because they send some illegal gangsters ( collection agents ) to my home and work place and posted stickers in the lift etc. The judge even warned them of serious consequences if they continue such behaviour. Since I didn’t demand for monetary compensation for the harassment , they were rescued. In the end , they gave unconditional apologies and compensation for my legal expenses .

[ecriyas4u]

I think he is not lying. There are some terms that could be considered illegal/unfair contractual terms, this especially if there is a consumer involved as a party. In general such terms should be reasonable. Paying that much for nothing is not reasonable. This is also the reason no LL in case of very early termination can ever enforce the tenant to pay the whole contractual amount of rent but only the damages s/he actually incurred.

That’s true. They could have mentioned something like admin charge 200-500 ( maximum ) if another person drives. This is my lawyer said. Court clearly asked what’s their power to charge fine on a citizen , if they want to work as law enforcement or parallel Govt . Few of the sittings were fun. And the judge stated that once car is rented , the rented person have full rights to do whatever he want inside the car ( even if it’s illegal , police / TP only have enforcement power ). Just that the car should be in actual condition while returning. If you sign anything personal , say , ‘ I’m ready to be your slave’ :- It doesn’t stand any value infront of law.

And yea , my friend drove the car to pick his sister on an urgent matter.

Many thanks all..