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Unfair Extra Charges and Contract Breach

In lavorazione Pubblico

Tipologia di problema:

Autonoleggio

Reclamo

S. F.

A: NOLEGGIARE.IT

26/08/2025

I booked a car via DoYouItaly for €414.55, with full insurance included. My voucher clearly stated that, if I chose not to take the supplier’s insurance, I could leave a deposit of €800 instead. However, when I arrived at Noleggiare Milano Centrale on 24/06/2025, I was told I must buy their “Platinum Protection” insurance for an additional €544.95, or I would not receive the car. This was coercion, as there were no alternative cars available and I was traveling with my daughter. In total, I paid €959.51, which is 131% higher than the original agreed price. Furthermore, on 07/07/2025, I was charged an extra €60.02 without any explanation. I contacted DoYouItaly and Noleggiare, but both refuse to take responsibility, despite the clear contradiction between the voucher and what happened at pickup. I kindly request Altroconsumo’s assistance to: 1 - Review my case and mediate with Noleggiare and DoYouItaly. 2 - Obtain a refund of €544.95 charged unfairly. 3 - Clarify and refund the unexplained €60.02 charge. - Attachments: DoYouItaly voucher Signed Noleggiare contract Payment receipts Email correspondence Thank you for your support in resolving this abusive situation. Booking Ref: DYI-171412812 Contract: MCL 5967 Name: Sergio Falsarella Jr. 📧 Email: sfalsarellajr@gmail.com 📞 Phone: +55 19 99102-0511

Messaggi (2)

NOLEGGIARE.IT

A: S. F.

08/09/2025

Dear Customer, Thank you for contacting us. Following your request, we have reviewed the documentation related to your contract MCL 7639, and we confirm that the charge of €437,00 corresponds to the purchase of the optional Platinum Coverage. This additional service was offered to you by our operators at the desk, and it was therefore included in the rental that was reviewed and signed by you at the time of pick-up. As clearly stated in Article 2 of our Terms and Conditions, which were accepted by you during the booking process, “the purchase of any accessory product or service is optional and entirely at the customer’s discretion and willingness.” Our staff is trained to present and explain all optional services, at the desk when picking up the car, but the final decision regarding their purchase lies solely with the customer. Moreover, we would like to highlight that once an additional service has been accepted and signed for in the rental contract, it becomes part of the agreement and is therefore non-refundable, even in the case of external coverage such as that offered by your banking provider. For what concerns the charge you mentioned, as previously confirmed, it is related to our Cross Border card. As you may know, our vehicles are normally allowed to circulate only whinin the Italian borders, while during your trip you visited Switzerland. Instead of applying the normal penalty for “Unauthorised use abroad” as set forth in Noleggiare’s Fee Schedule (€500,00), we decided to apply only the cross border. We remain at your disposal for any further information or clarification. Kind regards, CUSTOMER SERVICE NOLEGGIARE +39199201954noleggiare.it Il giorno mar 26 ago 2025 alle ore 20:45 reclami@altroconsumo.it ha scritto: ‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌

S. F.

A: NOLEGGIARE.IT

08/09/2025

Dear Noleggiare Customer Service, Thank you for your reply regarding the disputed charge under contract MCL 5967. However, I must respectfully reject your justification, as it fails to address the main issue that was clearly raised in my previous communication: I was not offered a real choice regarding the Platinum Coverage. Upon arrival at your desk in Milano Centrale, your staff explicitly informed me that I could either pay for the Platinum Coverage or have the rental cancelled. The option to leave a deposit instead, as outlined in both your general terms and the voucher provided by DoYouItaly, was never presented to me. This was not an "optional service offered at my discretion" as you stated. It was a forced upsell under duress, in direct contradiction to: The contractual information previously agreed, and the principles established under Italian and EU consumer law. Legal Framework Violated Your company’s conduct appears to violate both Italian and EU laws on unfair commercial practices, specifically: 1. Art. 20 and Art. 21 of the Italian Consumer Code (Codice del Consumo) These prohibit misleading actions and omissions that cause or are likely to cause the average consumer to make a transactional decision they would not have taken otherwise. You did not provide clear and precise information about my right to leave a deposit, in fact you did not give me this option, the option was to take out platinum insurance or cancel the reservation, thus omitting a fundamental contractual option. 2. Directive 2005/29/EC of the European Parliament – Unfair Commercial Practices Directive Under Article 8 and Annex I (points 20 and 29), it is prohibited to coerce a consumer into accepting additional services by threatening to cancel or refuse a contract. By telling me I could not receive the car unless I purchased additional coverage, your staff acted in a way that fits these definitions precisely. My Request Given the above, I hereby formally reiterate my request for: A full refund of €437.00 charged for the Platinum Coverage, which I was forced to purchase under threat of service denial; I reserve the right to escalate this case to: The AGCM (Autorità Garante della Concorrenza e del Mercato) and The European ODR platform should a resolution not be provided promptly. Please review this case again based on the facts and legal framework presented above. Sincerely, Sergio Falsarella Jr. sfalsarellajr@gmail.com +55 19 99102-0511


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