§4.3.5 Issues relevant in particular to car rental

The provisions of the UCPD apply both to the traders offering the car rental service and to intermediaries, such as booking or comparison websites. In 2017, the Commission and national authorities obtained commitments from five car rental companies, in accordance with EU consumer law, concerning the following practices: (415) — Include all charges in the total booking price: a headline price on the website should match the final price consumers have to pay, including all additional costs such as specific fuel service charges, airport fees, ‘young driver surcharges’, or the ‘one way fee’ if the return location differs from the pick-up location; — Clearly description of the key rental services in the terms and conditions in all national languages, in particular about the main characteristics of the rental such as mileage included, fuel policy, cancellation policy and deposit requirements, etc. — Clear information in the price offer about the price and details of optional extras, in particular for insurance waivers that reduce the amount due in case of damage and notably what the driver may still have to pay. Traditionally, car rental companies provide vehicles with a full tank and require consumers to return the vehicle with a full tank after rental. However, consumers complained that some traders make consumers pay an additional cost for the full tank when taking possession of the vehicle and then expect the consumers to return the car with an empty tank, without providing any reimbursement if there is still fuel in the tank when the car is returned. Under the UCPD, subject to a case-by-case assessment, such commercial practice could be considered unfair where traders did not comply with the information requirements of Articles 6 and 7 of the Directive. When car rental companies rent a vehicle with a full tank, information that the consumer will have to pay for the fuel ahead could in some cases be considered as material information on the basis of Articles 6(1)(b) and (d), 7(1) and 7(4)(a) and (c). The cost will be likely to qualify as non-optional and thus be part of the total price of the product under Articles 6(1)(d) and 7(4)(c) of the Directive, information on which must be provided from the beginning of the booking process. A commercial practice by which consumers have to pay for significantly more fuel than they actually use could also in some circumstances be contrary to the requirements of professional diligence laid down in Article 5(2) UCPD. For example: The duration of the rental period and the local situation could be taken into account when assessing whether the practice of charging consumers for the full tank is unfair. For example, the fact that a vehicle is rented for a short time (e.g. 2 or 3 days) or the geographical location (e.g. a car rented on a small island) could make it unlikely that the consumer will be able to empty the tank. Under Articles 6(1)(b) and (d) and 7 (4)(a) and (c), consumers should be clearly informed about the main characteristics and the price of the rental service. The main characteristics and the price of a car rental contract could, for example, include information about the type of vehicle, the costs, the extent of waivers and excesses and possible options (such as winter tyres and child seats). For example: — It could be misleading for a trader to claim ‘0 liability’ if, in fact, an excess will always apply to the consumer in the event of damage, even at a small cost. — It could be misleading to claim ‘full insurance included’ when, for example, the insurance does not cover damage to the roof and windshield. Car rental companies must also take specific national or local requirements into account. For example: National law may require all vehicles to be equipped with snow tyres in winter. A company offering car rental in that Member State during the winter period should therefore provide vehicles with snow tyres. If snow tyres involve an additional cost, consumers should be informed about this non-optional cost right at the start of the booking process.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07