RV Rental Legal Question

June 28, 2004 10:46 AM

I rented an RV from Cruise America for a weekend in August. Me and 7 of my friends, along with about 80,000 other people, will be travelling to Coventry, VT for phish's last concert. I put a down payment on the RV and got a confirmation packet. I received a phone call this morning from a representative there telling me that I had exactly 24 hours to come up with the full amount of the rental (about $1700), or I would lose the reservation. I assume that the lost reservations of people who can't pay will be resold at a much higher rate, as the demand for that weekend is through the roof. Can they legally do that? What are my options?
posted by mfbridges to Law & Government (9 answers total)

What were the original terms of the rental? Were you supposed to pay the rest upon pickup?

I'd just give them a credit card number and call it a done deal, assuming you know they are a legitimate company and you know your friends are going to pony up their share.
posted by bcwinters at 11:07 AM on June 28, 2004

It all depends on the state you live in and whether or not you signed a contract. Talk to an attorney ASAP if you want to keep your reservation and placing the balance on a credit card is not an option.
posted by ajr at 11:08 AM on June 28, 2004

This is a little murky, but it looks to me like their actions may contradict this section of the FAQ:

What deposits are required?

Upon confirmation, a $300 reservation down payment is charged to your credit card. This deposit will be applied toward your rental charges. A minimum damage deposit of $300 ($450 CDN) and estimated rental chares are payable at departure by credit card. Personal checks and ATM cards are NOT accepted. For certain rental applications, damage deposits may be increased at Cruise America's sole discretion. Credit card deposits are processed at departure. With payment of estimated rental charges other than by a credit card, a minimum deposit of $1000 ($1,500 CDN) is required at departure. Upon return, all extra charges, if any, are balanced against the damage deposit and a credit or check issued to cover the refund.

It looks like they can jack up the damage deposit if they're worried about what you're going to do with the RV, and it also looks like they charge you the estimated cost of the rental, but all of this should be done at departure according to the above.

You may be able to stick the charges on a credit card and avoid having to pay them until you leave.

I'll also be attending Coventry, and get to to drive stick through line of traffic.
posted by alphanerd at 11:11 AM on June 28, 2004

From what state are you travelling? Do they know where you are heading? How old are you? What other information about you do they already possess?

As for the lawyer, I hope you have $500 to burn.
posted by mischief at 11:23 AM on June 28, 2004

CruiseAmerica has a really bad reputation among the people I know who've used them, and, including all the Burning Man folk, that's quite a few. You might very well consider cutting your losses with them now, since you still have some time. I've heard multiple horror stories of showing up to get the RV only to find out that they have none, and 3 parties are already in line ahead of you, just waiting for one to come back. Seriously, look for another option before you do anything.

I think you've figured out why they're trying to screw you. They can get more for the thing than they committed to. The only question is whether you both signed a rental agreement. If so, and they have charged you a deposit, they have a contract to fulfill (I hope you have a copy so you can read it).

If there's no paper, there's nothing much you can do. Except protest the charge to your credit card.
posted by scarabic at 11:57 AM on June 28, 2004

Response by poster: I was under the impression that even in the abscence of a signed contract, a contract still exists because I paid money and we had an oral agreement -- That I would pay them $300 and they would agree to the terms they sent me in their confirmation packet (full amount due in august, etc.). Is that untrue? I thought that was basic, textbook contract law. If they deny that I ever spoke to them, that would be one thing and it would be hard to prove there was a contract...but they aren't denying that we spoke/had an agreement.
posted by mfbridges at 1:11 PM on June 28, 2004

Surely your best bet is just to pay the charge onto a credit card. You get the RV you want and everyone is happy.

I'd agree that it seems their accepting the payment would suggest both parties made an agreement. But I'm not a lawyer.

For next time (and I don't know if they're in your area or not) I've had very good experiences with El Monte RV.
posted by skylar at 1:37 PM on June 28, 2004

IANAL, but I think you're in murky territory on the verbal agreement. Did they ever say, verbally, that they wouldn't do this? How much was explicit, and how much assumed? You can try to threaten them into compliance, on these grounds. Tell them you'll give them nipple paper cuts! ;)
posted by scarabic at 2:44 PM on June 28, 2004

the terms they sent me in their confirmation packet : No one can really answer your questions without knowing what fine print is included in that packet.
posted by mischief at 4:44 PM on June 28, 2004