Previously the one who rented the car could be requested on the cost of repairing the rental vehicle, regardless of whether they caused damage or not. But The consumer ombudsman together with the Patent - marknadsöverdomstolen consider that the condition of the indemnification creates an imbalance to the detriment of consumers.
" We do not think that you should be able to add the responsibility to pay the costs of bilhyraren if this has been advised. This shall apply to all types of damage and even loss of the car, " says Daniel Karfs, deputy consumer ombudsman.
yesterday, a ruling from the Patent and marknadsöverdomstolen went on their line. The ban means that companies are not allowed to make use of the condition in the lease contracts, which places the full responsibility for damage to the consumer.
bilhyraren who is responsible for damage to the car if he has been negligent and cause damage.
– It can of course be difficult to prove, but according to us, it should be enough to bilhyraren can present a reasonable sequence of events and what caused the damage. So there is a certain responsibility on the bilhyraren to be able to explain what happened.
– If the parties would have different perceptions of what happened so it is a court that may look at the matter.
Biluthyrarna Sverige is the trade association which includes approximately 90 percent of the companies that rent out cars and light trucks.
the trade association has developed a standard terms and conditions that it recommends its members to follow. We expect members to change their conditions in accordance with the court's decision, " said Daniel Karfs.