I'm writing this review on behalf of my employer. He used Capital Car Hire during the festive. He had booked a vehicle at king shaka airport from the 22nd of December 2020 to the 2nd of January 2021. He paid the security deposit of R12000 and a further R15000, up front for the use of the vehicle for 2 weeks.. Unfortunately on the 22nd of December he received news that his father had contracted the Covid Virus and was in ICU being placed on ventilator in hospital. He did made the decision to return to Johannesburg and hence returning the vehicle back to Capital Car Hire. When returning the vehicle he was at no time advised about the no return policy. He arrived in joburg... He fell ill and had to be admitted into hospital on the 23rd of December 2020, during this time, his mother contracted the covid virus and his father had passed away. While being in shock and utter devastation of what had taken place, including his own health declining, he had to deal with continuous back and forth emails to capital car hire advising that he cancelled his contract and wanted a refund. My employer even went to the extent of emailing the owner of Capital Car Hire Mr Mahmood, he explaining his situation and emailed proof of his hospital records and his fathers death certificate as proof. He was then contact by the Branch Manager who sympathised with him but followed with the contract having a NO REFUND POLICY and referring him to the Terms and Conditions of the contract. Luckily, we are an Attorney firm Iqbal Mahomed Attorneys based in Pretoria ********** and we know the law and our rights. The fact is my employee was not expressly informed about the refund policy and secondly the terms and conditions are very clear, in the event that the vehicle is returned before the due date, the rental company can elect to charge normal rates or charge for the kilometers used. They charged my employer for 4 days an amount of R4610.39 and owed him a balance of R10 380.61 which they have never paid him. Instead they keep relying in the no refund policy, which they cannot do. In terms of law this was a supervening impossibility... an act of God out of his controll. So they cannot withhold his money. If you look at the circumstances they are acting in bad faith. Especially during the pandemic we are facing. If anyone needs assistance please contact our firm and will assist you sue capital car hire as we plan to do.
0 comments