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(c) Elliott Publishing.

Blowing the Budget
ChrisCrossings · September 6, 2002

Q: I rented a midsize car from Budget Rent a Car at John Wayne Airport in Orange County, Calif., recently. The reservation was for one day. I went to the airport about 10:50 p.m. and picked up the car at 11:25 p.m.

A reservations agent told me that I had 24 hours plus one for the day's rental. I returned the car to the airport next day at 11 p.m., but the rental location was empty. I circled the airport and found out the airport closes at 11 p.m.

I left the keys in the drop box and indicated the time - 11:15 p.m. - on the envelope. I called the local Budget counter the next morning and was told everything was OK.

When I returned from the trip, I received my credit card statement with two days charged to my account. I contacted Budget and explained the situation. I told him I wasn't aware that the airport closes at night, and the sales representative at the airport counter did not tell me to return the car by 11 p.m.

The gentleman I spoke to at Budget told me since there was no one there to receive the key, they record the time they open the box to retrieve the key as the time of car return; and that I was liable for the car even though it was parked in the return location at the airport.

Budget offered me a voucher of $35 for future car rental. I would rather get my money back. Can you help me?

-- Sylvia Perryman

A: Budget says that it gave you ample notification. When I asked the car rental company about your case, it offered to show me your signed contract that clearly spells out that the car had to be returned earlier that evening. It's possible that the agent at the counter told you otherwise, but if you had taken a look at your contract, Budget says you would have known your car was overdue.

Both accounts agree on one detail: You missed your drop-off by a few minutes, maybe an hour. Is it fair for you to have to pay for a whole extra day? Budget's contract - the one you signed - says yes. Common sense says no.

By offering you a voucher, Budget conceded that yours was a close call, which I think is an altogether appropriate action. I think you should have accepted the voucher.

However, when I brought your grievance to the attention of Jenny Sullivan, Budget's director of public relations, she agreed to send you a check for $35. "All she would need to do is send the voucher to our customer service department and we'll process a check for her," Sullivan told me.

What you should have done: Read your contract. Don't thoughtlessly sign or initial the paperwork and rely on the word of an employee. It's not uncommon for car rental agents to give you incomplete or misleading information. If they contradict what's in the contract, ask for a clarification. You were responsible for returning your car when the contract said you should, not when the agent said you could.

What Budget should have done: How about telling you that the airport closes at 11 p.m.? Or being more up-front about its drop-box policy? Budget should have also stuck to its guns. It rolled over when it offered you a $35 voucher. But then, when contacted by me, it played dead - even though the facts supported its story.

And another thing. Just because the facts are on Budget's side doesn't make it right. I think the company's policy of charging for a whole extra day if you miss your drop-off, which is standard in the industry, is wrong. It should instead bill you a fraction of the daily rate, which would have amounted to 1/24th of the daily rate.

The fix: Consider joining a car rental company's frequent guest program, even if you don't plan on renting from it regularly. For example, Budget's "Fastbreak" members can review a master rental agreement online from their home and then sign it at their leisure, meaning that they don't have to worry about inking a contract while they're rushed for time. Also, members tend to have more leverage when trying to negotiate their way around surcharges or unwanted fees that crop up from time to time.

Christopher Elliott's column appears on weekly on Ticked.com. All e-mailed questions to ChrisCrossings become property of Ticked.com and may be edited, condensed or republished at the site's discretion. You may reach Elliott at chris@ticked.com. Or visit his home page at http://www.elliott.org.