nonperformance car rental contract

[Robert Singer]

Jurisdiction

New York

I used American Airlines AAdvantage reward miles to reserve a rental car from Dollar Rent a Car. I chose a nonrefundable "mystery car" option. At pick-up, I was given an electric vehicle which I refused as I had to make a 1,000 mile drive and had no experience with EVs, no idea where I would recharge the vehicle and no ability to remain at a charging location for hours while recharging. I requested a refund of my reward miles on the ground that an EV is not a reasonable expectation for a "car" and creates unreasonable burdens on the customer, and is not usable. Is there a legal argument to supercede the nonrefundable stipulation?
jurisdiction NY State

 

[justblue]

I used American Airlines AAdvantage reward miles to reserve a rental car from Dollar Rent a Car. I chose a nonrefundable "mystery car" option. At pick-up, I was given an electric vehicle which I refused as I had to make a 1,000 mile drive and had no experience with EVs, no idea where I would recharge the vehicle and no ability to remain at a charging location for hours while recharging. I requested a refund of my reward miles on the ground that an EV is not a reasonable expectation for a "car" and creates unreasonable burdens on the customer, and is not usable. Is there a legal argument to supercede the nonrefundable stipulation?
jurisdiction NY State

Based on what you posted...I would say "No."

 

[Zigner]

I used American Airlines AAdvantage reward miles to reserve a rental car from Dollar Rent a Car. I chose a nonrefundable "mystery car" option. At pick-up, I was given an electric vehicle which I refused as I had to make a 1,000 mile drive and had no experience with EVs, no idea where I would recharge the vehicle and no ability to remain at a charging location for hours while recharging. I requested a refund of my reward miles on the ground that an EV is not a reasonable expectation for a "car" and creates unreasonable burdens on the customer, and is not usable. Is there a legal argument to supercede the nonrefundable stipulation?
jurisdiction NY State

If you had such specific needs, then a "mystery car" wasn't a wise choice.

 

[adjusterjack]

I requested a refund of my reward miles on the ground that an EV is not a reasonable expectation for a "car" and creates unreasonable burdens on the customer, and is not usable. Is there a legal argument to supercede the nonrefundable stipulation?

With the proliferation of EVs due to government mandates, the answer is certainly no.

And, by the way, the criteria for the Manager's Special (is what it's called) includes electric vehicles.



Managers Special | Specials | Dollar

You were warned during reservation that you could end up with an EV.

At pick-up, I was given an electric vehicle which I refused

So?

Then what happened? Did you get a different car and pay the difference, or did you walk away in a huff?

 

[zddoodah]

Is there a legal argument to supercede the nonrefundable stipulation?

One would need to read the contract to speak intelligently about this, but I doubt it.

If you had such specific needs, then a "mystery car" wasn't a wise choice.

Yup.