Avis Budget Montenegro

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Introduction

If you’ve hired a car from Avis Budget from their Tivat, Montenegro office, you may end up paying more than you expected. This is such a common theme it was covered by The Guardian and according to their Google Maps Reviews it continues almost daily.

The scam

You’ll wait a long time to collect the vehicle (often around 2 hours) and when you get to the office you’ll be told the following:

  • The insurance you’ve purchased through your broker (e.g. AutoEurope) isn’t valid in Montenegro so you must buy their insurance.
  • That if you don’t purchase the additional insurance you will lose whatever you have paid so far.
  • The insurance policy is mandatory to hire a vehicle from this office.

The final cost will be roughly double the prices listed on Avis Budget’s web-site.

You’ll be asked to sign a document and card receipts. The copy you will be provided will have the card receipts stapled over the fees explanation which (if you had the original) would say they are Optional.

The truth

  • The insurance you’ve purchased through your broker (e.g. AutoEurope) is valid and perfectly legal to use in Montenegro.
  • It is not mandatory to spend any more money in this office. They will make it impossible for you to achieve this however.

When hiring

If you’ve already booked and it’s too late to cancel:

  1. Make an audio recording (not video) in their office. You do not have to tell them you are doing this. They are not airport staff so Aviation Law does not apply. The recording is perfectly legal under Montenegro Personal Data Protection law (Article 10 section 3) which states the public are within their rights to record personal data without the subjects permission “in order to take steps prior to entering into a contract and for the performance of a contract in accordance with the law”. Making a video recording could be deemed illegal as you are identifying an individual.
  2. Pay by credit card. Under UK law you have more protection that if paying cash or by debit card.

Getting your money back

So, you’ve been scammed. You want to rightfully get your money back. Note that Montenegro have their own laws and judicial system and are not a member of the EU.

I took these steps and was successful in getting my money back.

1. Contact your credit card company

Call your credit card company, explain you have been scammed and provide them links to this web-site and The Guardian plus paper copies of everything you have. You need to make a Section 75 claim under the Consumer Credit Act 1974 (UK law).

My card issuer intonated that they dealt with this frequently and they refunded me the money temporarily whilst they investigated. Avis Budget Montenegro will fight it, claiming they told you all along it was “optional” but keep on going and you might get your money back.

2. Complain

Send an email to the people below making your case:

Specifically you should mention:

Further to the Law on Consumer Protection, I am notifying you that I have complaint about a purchase for “optional” insurance services from Avis Budget at Tivat Airport. I believe you are obliged to reply within 8 days of receiving this complaint along with an explanation and plan to resolve the complaint. After this I am within my rights to escalate this to the Center for Consumer Protection and then the Chamber of Commerce of Montenegro for breaching Article 102, 112, 115 and 116 of the Consumer Protection Law.

I had to go through this cycle 3 times before they realised I wasn’t going away. I was then refunded although they would make no admission of guilt.

3. Wait

Under the Law on Consumer Protection you have to wait 8 days before follow-up action.

4. Escalate

Should after 8 days they not refund you your money, or fail to reply, then email Cezap - the Center for Consumers Protection : [email protected] (copy in all of the above for visibility) and state:

I demand a refund for amount as a contract between myself and Car Rental doo of Seika Zaida Br.7, Capital Plaza Centar, Podgorica 81000 (known as Avis Budget Montenegro) as a contract was made which contravenes Article 102 of the Consumer Protection Law. Specifically a contractual provision for optional insurance was made which was not individually negotiated and was to my financial detriment.

Furthermore I claim under Section 112 that the contract was made under misleading commercial practice as untruthful information was provided to me in entering the contract - specifically that the insurance provided was actually optional. Had I been informed it was optional and given my legal free choice I would not have purchased this.

Under Section 115 and 116 I also contest the contract was made under an aggressive commercial practice. The circumstances of the contract being entered into, making customers wait 2 hours after long flights and then enter into a contract in a hot, small office in a high pressure sales environment constitutes the exploitation of a customer’s misfortune and circumstance. At the same time the threat of losing money already spent is in direct violation of giving the customer the option to terminate the contract or to switch to another trader.

Audio recording

To avoid infringing any laws myself, if you are from the press or require an audio recording of the staff at this office for legal purposes please use the Contact page and I will be delighted to share a link with you.

Avis Budget staff

I’m proud to support the EFF and as a UK citizen I am exercising my legal right to free speech in publishing this information. Once this malpractice is ended, this page will be removed.