Gill Charlton has been fighting for Telegraph readers and solving their travel problems for more than 30 years, winning refunds, righting wrongs and suggesting solutions.
Here is this week’s question:
Dear Gill,
Last July I rented a Ford Focus from Masterkings at Faro airport and drove to our holiday rental near Monchique. Two days later, after four short journeys, I suddenly lost power on the motorway.
Instead of an apology for supplying a faulty car, Masterkings said it was withholding my €2,000 deposit until its mechanic had ascertained whether I was to blame for the damage.
Surprise, surprise, I have now been told that the clutch has burnt out because of my “bad usage”. The estimate for the repair is €1,340.
Given that the car had 43,000km on the clock, I asked for proof that the clutch failure was my fault. Instead of providing this, Masterkings now says it will be keeping all of my deposit to cover the loss of rental income while the car is being repaired. Can you advise how to fight this charge?
– Paul Kendall
Dear Paul,
While Masterkings’ rental conditions do not specifically mention clutch failure as an exclusion, its terms do say that customers are liable for “misuse of the vehicle”. Over the years, I have rarely been able to argue successfully that this catch-all phrase should not include a burnt-out clutch. All too often the damage is historic, caused by renters with no experience of using a manual gearbox.
I suggested that Paul – who drives a manual – contact a local lawyer to help present his case at the Algarve’s Centre of Arbitration, a free service for consumer disputes which can be used by foreign plaintiffs.
As the documentation must be submitted in Portuguese, a bilingual lawyer is essential. The Foreign Office’s online advice on Portugal (gov.uk/foreign-travel-advice) includes a long list of lawyers. Paul chose Susanna Vickers who lives in the Algarve.
The case finally came to court in April where it was heard remotely using video conferencing. The arbitrator said that Masterkings had to show “undeniable” proof that Paul had caused the damage. The firm tried to argue that Paul had misused the clutch, but was forced to admit that its condition was not checked before he took the car (this check rarely happens between rentals).
The key testimony was provided by the independent garage which carried out the repair. Its mechanic said that the failure was due to excessive wear to the flywheel and it couldn’t be said that the damage was caused by Paul’s driving, especially as he was on a motorway when he lost power.
The arbitrator ruled for Paul and said that Masterkings must repay the €2,000 deposit, which it has now done. Susanna charged a total of €550 for her services but the arbitrator ruled that each side should pay its own costs.
– Gill Charlton
Your travel problems solved
Gill takes on a different case each week – so please send your problems to her for consideration at asktheexperts@telegraph.co.uk. Please give your full name and, if your dispute is with a travel company, your address, telephone number and any booking reference. Gill can’t answer every question, but she will help where she can and all emails are acknowledged.