Hire cars: what to check and what to do if you’re overcharged

Insurance

• Third-party liability insurance is compulsory, valid throughout the EU and must be included in the price.
• The rest is optional: damage to the car, theft of the car or your belongings, driver injury, vandalism or legal cover. What each one covers must be in the contract’s general terms.
• Ask before you sign how much you can be charged if there is an accident.
• In Spain, forcing services on you that you didn’t ask for is an unfair term, and so are surcharges for extras you couldn’t accept or refuse, set out clearly and separately.

When you pick up and return the car

• Inspect the car with a member of the company’s staff present, both when you pick it up and when you return it.
• When you return it, ask for written proof that it was handed back in good condition.
• Keep the contract and the invoice: they are your evidence if you are charged for something later.

If you will cross borders

• Tell the company when you book. If it agrees, it will make sure you have the right documents, insurance and breakdown cover.
• The company must give you a car that meets the rules of every country you drive through; for example, in many countries winter tyres are compulsory in certain months.
• If you hire it outside the EU, for example in Switzerland, and will drive into the EU, tell them first: they can give you an EU-registered car.
• Check that your driving licence is valid in the country where you hire the car.

If you have an accident

• Don’t leave the scene. Talk to the other driver and, if needed, call the police or the emergency services.
• Fill in the accident report there; there is a European accident report form. If you don’t have one, note the place and date, the damage, any injuries and witnesses, and the details of the other driver, their insurer and their vehicle.
• Don’t admit any liability, and only sign the report if you understand all of it. Take photos and keep the police report, if there is one.
• The law of the country where the accident happens applies, so the way to claim may not be the one in your country. Tell the insurer.

If you are charged something you didn’t expect

1. Complain to the hire company first, with your evidence: the contract, the invoice and the proof of return. It is the step you must take before going to anyone else.
2. If they don’t agree, go to an alternative dispute resolution body: the one in your country if the company is there, or the one in the company’s country. It costs little and reaches an outcome within 90 days.
3. If the company is in another EU country, or in Iceland or Norway, the European Consumer Centre in your country will help you in your language and can help you reach an agreement with it.
4. In Spain, an unfair term is void: it is treated as if it were not there and the rest of the contract still applies. And if a term is ambiguous, it is read in your favour.

This page does not cover fuel policies or holds on your card: none of the official sources we have read deal with them. Check what your contract says.