Car rental deposit retained for "damage" — protocol
The retention shifts business risk to you. Demand evidence: before-and-after photos, independent repair invoice, dating. Don't get them? Recover under Art. 6:74 BW.
Car rental companies exploit the fact that you're usually gone by the time "damage" is claimed — days or weeks later. The legal burden of proof for damage rests on them (Art. 6:74 BW). The protocol below ensures you effectively enforce that burden.
Step by step
1
On pickup: before-photos of all sides
Before driving off: photograph all 4 sides + roof + interior + dashboard (mileage). Different angles. With timestamp (phone mode). This is your baseline against which they must later claim.
2
On return: after-photos + employee sign-off
Re-photograph all sides + mileage. Request a written acknowledgement "no damage observed on return" — even on the return slip or via SMS sent to themselves. Photograph that acknowledgement.
3
Demand written substantiation of damage claim
Is your deposit retained? Demand in writing: (1) before-and-after photos of the asserted damage, (2) independent repair invoice (not their own workshop), (3) dating, (4) reference to pickup condition. Without all of these: claim legally weak.
4
Send formal recovery letter within 30 days
Cite Art. 6:74 BW (burden of proof on rental company), Art. 6:233 BW (unreasonably onerous clauses), Directive 93/13/EEC (unfair consumer contract terms). Demand: full deposit refund + statutory interest. Our car-rental claim letter (€9.99) does this.
5
No response? ACM report + credit-card chargeback
Two parallel paths. ACM report via consuwijzer.nl (free, ACM has repeatedly addressed car rentals for opaque damage procedures). Plus: if you paid by credit card, request chargeback within 120 days — card issuer runs its own investigation.
6
Last step: cantonal court
Small claims (up to €25,000), court fee ~€87 (refunded on favourable ruling). Burden of proof still on rental company. Demand statutory interest under Art. 6:119 BW + procedural costs.
Ready to claim?
Car-rental company keeping your deposit? Demand refund + proof
We draft a formal refund letter (BW 6:74 + 6:233 + Directive 93/13/EEC). Shifts the burden of proof to the rental company.
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