Hertz tells B.C. tribunal online reservations do not 'guarantee' an available car
A man who showed up at a rental car company only to be told his online reservation would not be honoured is entitled to compensation, B.C.'s small claims tribunal has ruled.
The dispute dates back to June of 2023 when Lorne Whaley booked a car online with Hertz Canada Limited. Whaley was seeking damages for the cost of securing another vehicle as well as "stress caused by this incident," according to a decision posted online Tuesday.
The company acknowledged that Whaley booked a car and that it did not provide one on the date and time for which it was reserved. However, Hertz argued the online reservation did not "establish a contractual relationship" and did not "guarantee an available car," according to the decision.
The company did not provide any evidence to the tribunal at all, meaning there was none submitted in support of this argument – such as a copy of the reservation or information about its policies – to support the claim that reservations were "subject to availability."
Tribunal member Peter Mennie found that a reservation "implies that Hertz set aside a car" and that the company broke its agreement to rent a car to Whaley by failing to provide one – meaning it was liable for breach of contract.
When Whaley showed up at Hertz to pick up the car, an employee directed him to another rental company. That company also did not have any vehicles but helped Whaley find an available vehicle at another location further away, the decision says.
Hertz was ordered to pay Whaley $59, the amount he spent on taxis getting to and from the place where he ultimately rented a car. The company was also ordered to pay Whaley $60 for a fee he incurred that he would not have if his initial reservation had been honoured.
"Mr. Whaley paid these extra costs as a consequence of Hertz breaching the parties’ contract," the decision said.
Damages for mental distress
Whaley told the tribunal that it took hours to rent a car, delaying his plans and causing the stress for which he sought to be compensated.
"He and two elderly family members were planning to travel that day, but the delay caused them to arrive at their destination too late to see an unwell relative," Mennie wrote.
"I infer that Mr. Whaley is claiming mental distress damages."
These types of damages, the decision said, are not generally available in breach of contract cases. One of the exceptions to this is when "part of the contract’s purpose was for a 'psychological benefit.'''
In this case, Mennie found that there was a psychological benefit to the reservation – "namely that reserving a car rental would make his travel less stressful."
Mental distress, legally, is defined as something that goes "beyond mere frustration or disappointment," the decision noted, finding that Whaley's experience met this threshold.
"I accept that a four-hour delay for three seniors travelling to visit a sick relative caused Mr. Whaley mental distress that went beyond mere frustration or disappointment," the decision said.
"I find that this was a foreseeable consequence of Hertz not having a car available."
Whaley was awarded $200 in damages as compensation.
CTVNews.ca Top Stories
Biden greets Trump with handshake in Oval Office meeting
Donald Trump made a victor's return to Washington on Wednesday, visiting the White House for a lengthy meeting with U.S. President Joe Biden and committing to a straightforward transition of power as the president-elect moves quickly to build out his new administration.
'You couldn't open the door': Concerns over awareness of and access to Tesla emergency latch after 4 killed in Toronto, 5 killed in Wisconsin
When a Tesla crashed on Lakeshore Boulevard in Toronto last month, the first people on scene knew there were occupants inside but couldn't immediately get them out.
Mississauga, Ont. upholds ban on street sports, including hockey and basketball
Mississauga city council has voted to keep its residential street sports ban in place, meaning hockey and basketball on the road will remain out of bounds.
Guardian quits X social media platform, citing racism and conspiracy theories
British news publisher the Guardian said on Wednesday it will no longer post to X, citing 'disturbing content' on the social media platform, including racism and conspiracy theories.
Guns and drugs seized from organized crime group linked to Mexican cartel, RCMP say
Members of the RCMP’s federal police say they have arrested three men in B.C. for their alleged role in a 'transnational organized crime group' connected to Mexican drug cartels importing cocaine into Canada.
Overwhelmed families surrendering custody of their children to CAS
Overwhelmed families in Ontario are having to surrender their children to the Children's Aid Society, and according to the society, the residential crisis is part of the problem.
Trump's defence choice stuns the Pentagon and raises questions about the Fox News host's experience
President-elect Donald Trump stunned the Pentagon and the broader defence world by nominating Fox News host Pete Hegseth to serve as his defence secretary, tapping someone largely inexperienced and untested on the global stage to take over the world's largest and most powerful military.
Prime Minister Trudeau makes trip to Bermuda to eulogize longtime family friend
Prime Minister Justin Trudeau is travelling to Bermuda today to give a eulogy at the funeral for businessman Peter Green.
From passport applications to letters to Santa: How will you deal with a possible Canada Post strike?
CTVNews.ca wants to speak to Canadians of all backgrounds, whether you're a parent, student, worker, professional or business owner, about their concerns regarding a possible Canada Post strike or lockout.