Car hire extras or insurance you did not agree to

Updated
General information, not legal advice. The outcome depends on the facts of your case.

You booked a car at one price. At the desk, or on your card statement afterwards, the price grew: super cover, a damage waiver, roadside assistance, a GPS, an extra driver or an upgrade. Maybe you said no and it was added anyway. Maybe you were told it was compulsory. Extras are one of the most common rental disputes, and the law here is stronger than for most other charges.

What EU law says

The Consumer Rights Directive applies to car rental, except for the right of withdrawal (recital 27). Its article 22 is the key text:

The UK competition authority said in its 2015 report that pre-ticked boxes for protection products are likely to be a breach, and that it is not lawful to take further payments from a card for products the consumer has not agreed to receive. It also said staff who exaggerate the risks of going without extra cover, or give the false impression that it is compulsory, could be acting in a misleading or aggressive way.

In 2017 the big brands (Avis, Europcar, Enterprise, Hertz and Sixt) committed to the European Commission and national consumer authorities (IP/17/86) that the price and details of optional extras, especially insurance waivers, would be clear, and that what each waiver covers must be clear before you buy it. A 2019 follow-up (IP/19/1790) repeated this.

The industry's own guidelines (Leaseurope, the code the ECRCS dispute service decides on) say the customer must not be pressured to sign, waivers must be offered in an appropriate manner, and mandatory charges cannot be presented as optional.

Common situations

What to ask the company for

In your letter, dispute the charge, ask for it to be put on hold, and ask for:

Your own evidence

The card rules

If you never agreed to the extra, Visa's "misrepresentation" dispute (13.5) can fit when the terms were misrepresented, for example an optional extra sold as compulsory. "Not as described" (13.3) can fit an extra billed but not as described. Mastercard's rules say specific terms only bind you if they were disclosed so that a reasonable person would understand them before the transaction. A Mastercard dispute (code 4853) fits a charge taken without your consent. Contact the company first. See our card dispute guide.

Where to go if the company does not move

  1. Use the company's own complaints process and get its final answer in writing.
  2. ECRCS is free and lists "additional cover" and "upgrade" among its dispute types. It covers cross-border rentals booked direct with its 12 member brands. Read how ECRCS works.
  3. BVRLA for UK rentals with its members, and the European Consumer Centre in your country for other cross-border cases.
  4. Your card issuer, if those routes are closed or have failed.

ECRCS and BVRLA will not take a case you have already raised with your bank, so choose the order first.

If you are deciding between claiming on your own excess insurance and disputing a charge, see excess insurance claim or dispute.

Honest limits

If you signed and initialled the extra with its price shown, the company will rely on that, and a claim of desk pressure is hard to prove. The strongest cases are an extra you never signed for, a pre-ticked option, or a product sold as compulsory that was not. Nobody can promise you the money back.

If you want the letters written for your rental, start with the free check. If the pack fits, the order form takes a few minutes.