Henderson said that Bayol's allegations are "plausible enough to proceed to discovery."īayol is represented by L. No smoking and clean up after yourself, or you’ll be charged a 50+ fee.
Zipcar late fee plus#
Win-win: Return to the car’s home location on time, or you’ll be charged for the extra time you used the car plus a late fee. These rules make sure every member enjoys their trip and helps you avoid fees. Zipcar claimed that its late fees are not liquidated damages and that Bayol's factual allegations are insufficient.īut Henderson found that Bayol had demonstrated that the late fees are liquidated damages and said that "it will be Zipcar's burden, going forward, to demonstrate the validity of these fees." When you share a Zipcar, you also share responsibility. She also claims that "it would not be impracticable to calculate Zipcar's actual damages when a car is returned late, that Zipcar did not conduct a reasonable endeavor to estimate its actual damages, and that the late fees imposed bear no reasonable relation to Zipcar's actual damages." She claims that the fees are unconscionable and unfair, because "they are included in a contract of adhesion and are unreasonably favorable to Zipcar."
Do you have to put petrol in a Zipcar For Roundtrip journeys you must ensure at least 1/4 of a tank in the car or van (if you leave a vehicle with low fuel you may incur fines). Gabriela Bayol claimed that the company's late fee of $50 per hour, up to $150, violates the Consumer Legal Remedies Act and the Unfair Competition Law because it sets liquidated damages in a consumer contract. However, it’s much better to be early rather than late, as Zipcar does charge late fees. SAN FRANCISCO (CN) - A federal judge refused to dismiss a class action accusing Zipcar of charging excessive late fees of $50 an hour.
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