[FL] [FL] Can a rental company repair damage that I didn’t cause?

Hey there! I’m Craig, an attorney with many years of experience. Just so you are aware, this platform is for legal information only. No attorney-client relationship is formed from our conversation.

I understand you’re dealing with a golf cart rental company that charged your credit card for repairs you believe weren’t your responsibility. Could you tell me more about the communication you’ve had with them regarding these charges?

Thanks for sharing that. Could you let me know where you’re located? Also, did the rental agreement specify any terms regarding damage liability or repair costs?

Great, thanks for letting me know you’re in Florida. Did the rental agreement specify any terms regarding damage liability or repair costs?

Based on your situation, there are several legal arguments and consumer protection laws in Florida that could potentially support your case:

Contractual Obligations: The terms outlined in the rental agreement, particularly regarding damage liability, are crucial. If the contract specifies what constitutes damage and how repairs should be handled, any deviation from these terms by the rental company could be a breach of contract.

Unfair Trade Practices: Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA) protects consumers from unfair or deceptive acts in trade or commerce. If the rental company charged for repairs not caused by you, it might be considered an unfair practice.

Consumer Rights: Under Florida law, consumers have the right to dispute unauthorized charges. If the rental company did not notify you before charging your card, this could be challenged as an unauthorized transaction.

Let me know if you have any questions or clarifications; if not, I’ll move forward with guidance.

Here’s how you can address the issue with the golf cart rental company:

• Review the Rental Agreement
  • Carefully go through point 3 of your contract, which covers damage liability and repair costs. Ensure you understand what it says about your responsibilities and the company’s obligations.
• Gather Evidence
  • Collect any evidence that supports your claim that the damage was not caused by you. This could include photos of the cart before and after the rental period, witness statements, or any communication with the company regarding the condition of the cart.
• Communicate with the Company
  • Reach out to the rental company again, referencing the specific terms in the contract and presenting your evidence. Request a detailed explanation of the charges and why they believe you are responsible.
• Dispute the Charge with Your Credit Card Company
  • If the company is unresponsive or unwilling to cooperate, contact your credit card company to dispute the charge. Provide them with all the evidence and documentation you have gathered.
• Consider Legal Action
  • If the issue remains unresolved, you may need to consider legal action. Consulting with a local attorney who specializes in consumer protection or contract law can help you understand your options and the likelihood of success.

Please let me know if you have further questions.