The ministry, led by Pablo Bustinduy, stated that the company charged customers a fee of between 33.88 and 45 euro to process administrative traffic fines incurred while renting one of its vehicles.
Avis applied this extra fee to process the penalty payment and notify the relevant authority of the driver’s identity. The ministry highlighted that identifying the driver is a legal requirement for the vehicle owner, making the additional surcharge unfair.
The press release explained that this clause violates articles 82, 87.5 and 87.6 of the General Law for the Defence of Consumers and Users. Specifically, it forces customers to pay for a service that stems from the company’s own legal requirement and imposes a disproportionate financial burden that disrupts contractual fairness to the detriment of the consumer.
Under Article 11 of the Law on Traffic, Motor Vehicle Circulation and Road Safety, identifying the driver responsible for an infraction is a strict legal obligation for the vehicle holder. For rental companies, this obligation is met simply by providing the details of the renter or the rental contract to the authorities. Consequently, companies cannot pass on an extra charge to clients for carrying out a procedure required by law.
The ministry categorised these actions as a very serious breach, citing aggravating circumstances under article 48.3. c of the consumer defence law for persisting in a practice previously declared illegal.
The decision noted that the Court of First Instance Number 1 of Vitoria-Gasteiz had already ruled this clause unfair in a ruling on 22 September 2020. That sentence declared several general terms used by Avis null and void, including the fine management commission, ordering the firm to remove the clause, stop using it in current contracts and refrain from including it in future ones.
This new legal case follows a complaint filed by the Basque Consumer and User Association, EKA/ACUV. Whilst the decision concludes administrative channels, Avis retains the right to appeal the sanction in court.
