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not really - that's the point of travel/hurricane insurance for trips like this where there is the possibility of cancellation. if rental agencies were to assume the cost for every hurricane that happened in a hurricane-prone area, they'd not be in business long. would you expect a ski resort to refund your money because of a blizzard? a hotel to refund your money because of a tsunami or earthquake?
it seems they are being rather accommodating in allowing you to reschedule since they aren't obligated to do so unless it were in your contract. hurricanes, tornadoes, blizzards, tsunamis, earthquakes are all termed "acts of God" for a reason -- because they are out of the control of anybody.
In fact, I do expect hotel to refund my money if there is a tsunami and they can not accommodate me.
If God is responsible and he can't pay, then why should only on party in the contract be the only one to assume the consequence? If you order something from amazon, by "acts of god", you item is damaged and can not be delivered, do you just admit the loss?
It may be the way that contract is written since it is written by rental agency, but that doesn't mean it makes sense. Just like banks are able to sneak a lot of fees into your credit card agreements doesn't mean it is right to do that.
In fact, I do expect hotel to refund my money if there is a tsunami and they can not accommodate me.
good luck with that.
Quote:
If God is responsible and he can't pay, then why should only on party in the contract be the only one to assume the consequence? If you order something from amazon, by "acts of god", you item is damaged and can not be delivered, do you just admit the loss?
It may be the way that contract is written since it is written by rental agency, but that doesn't mean it makes sense. Just like banks are able to sneak a lot of fees into your credit card agreements doesn't mean it is right to do that.
the banks & credit card statement is not particularly relevant to the issue at hand (although as one in the legal profession i would always encourage everybody to read the fine print when signing a contract!). in the case of amazon.com shipping, i suspect that the issue would be with UPS or fedex or the USPS rather than amazon. it would depend on the contract between the parties for reimbursement for damaged or destroyed items.
on the issue at hand, any smart rental agency is likely going to write into it's contract that it is not responsible for the weather, nor is it responsible for a state-issued mandatory evacuation. a hurricane is not something anybody can contribute to .... a beach town has no say, direction, or legal liability for the path that a hurricane takes & a mandatory evacuation issued by the state requiring that people not put their lives in danger. is it good business practice to try to accommodate people when they have booked vacations during a hurricane? yes, but there is no legal obligation to refund your money unless it is stated specificially in the contract & frankly that would put anybody out of business in the outer banks during hurricane season.
it seems it would benefit you best to take the gracious offer to reschedule, recognize that this does not give you priority to disrupt other people's previously-scheduled vacations, & accept that the rental agency did not create a hurricane & mandatory evacuation during your vacation just to tick you off.
Hurricane insurance is a very well established "concept." It's not like it's some sneaky add-on.
I have no doubt that whoever made your reservation was advised to purchase this type of insurance, and decided against it. It is very inexpensive and a must if you are vacationing on NC's beaches at the height of hurricane season.
You will not even be allowed to cross any bridges to get to the OBX because of the mandatory evacuations. How is this the fault of the rental agency?
Heck, I can't believe they are even offering to move your dates. You should be happy. Most folks would get zip if they did not have insurance.
Seriously...you are complaining about something so petty that is your own fault, when lots of folks are about to lose property and possibly their lives????
it seems it would benefit you best to take the gracious offer to reschedule, recognize that this does not give you priority to disrupt other people's previously-scheduled vacations, & accept that the rental agency did not create a hurricane & mandatory evacuation during your vacation just to tick you off.
not really - that's the point of travel/hurricane insurance for trips like this where there is the possibility of cancellation. if rental agencies were to assume the cost for every hurricane that happened in a hurricane-prone area, they'd not be in business long. would you expect a ski resort to refund your money because of a blizzard? a hotel to refund your money because of a tsunami or earthquake?
I suppose the counter-argument would be that if I contract with someone to provide a service to me, and they are unable to provide it due to events beyond their control, then I'll excuse them from providing what they contracted to do if they excuse me from paying for it.
I suppose the counter-argument would be that if I contract with someone to provide a service to me, and they are unable to provide it due to events beyond their control, then I'll excuse them from providing what they contracted to do if they excuse me from paying for it.
even in your scenario the "events beyond their control" would be subject to the terms & conditions of the contract between the parties. if that were to include the fact that their HVAC system quit working during 15-degree weather, then yes, there would appear to be clear liability. if that were to include the fact that you missed your flight & did not make it to your destination until 3 days later, than most likely not.
my guess is that if the OP took this to a court of law (which i think would be overkill, but what do i know?), the Judge would give them a look over the tops of his/her glasses that says "are you kidding me?" & rule that a state-issued mandatory evacuation overrules a rental contract that has no provisions for refunds due to inclement weather.
look, i'm not trying to be a carmudgeon about this, but it would seem it would behoove those involved in this situation (& perhaps the silent bystanders reading who would be ticked about it) to recognize that hurricanes are a fact in NC & "CYA insurance" on such things would be worthwhile. (like someone mentioned it's not incredibly expensive -- heck, we paid $52 travel insurance to cover our 2-week vacation to yellowstone this year -- & it's almost a requirement unless one wanted to take their chances. seems to me that the OP rolled the dice, lost, & now has bittercakes over the evil empire of rental agencies.
Tough to loose a vacation like that .. rescheduling is typically harder than it appears too.
My sister just got back from her shortened week at the Outer Banks today. She did purchase hurricane insurance and is getting a refund for the unused days.
I understand the idea that you didn't "get" what you "bought" - but didn't they explain the value of hurricane insurance when you booked?
To be honest, like you I would have probably rolled the dice. My sister, who I've accused of being a "worry wart" on an occasion or two, probably will remind me of this ...
the banks & credit card statement is not particularly relevant to the issue at hand (although as one in the legal profession i would always encourage everybody to read the fine print when signing a contract!). in the case of amazon.com shipping, i suspect that the issue would be with UPS or fedex or the USPS rather than amazon. it would depend on the contract between the parties for reimbursement for damaged or destroyed items.
on the issue at hand, any smart rental agency is likely going to write into it's contract that it is not responsible for the weather, nor is it responsible for a state-issued mandatory evacuation. a hurricane is not something anybody can contribute to .... a beach town has no say, direction, or legal liability for the path that a hurricane takes & a mandatory evacuation issued by the state requiring that people not put their lives in danger. is it good business practice to try to accommodate people when they have booked vacations during a hurricane? yes, but there is no legal obligation to refund your money unless it is stated specificially in the contract & frankly that would put anybody out of business in the outer banks during hurricane season.
it seems it would benefit you best to take the gracious offer to reschedule, recognize that this does not give you priority to disrupt other people's previously-scheduled vacations, & accept that the rental agency did not create a hurricane & mandatory evacuation during your vacation just to tick you off.
I understand what you are saying. Rental agency did not cause hurricane, but I did not either. Why should one party of the contract assume all the responsibility? Again, it may be the way they do it, but it doesn't mean it is fair.
This situation is similar to when you book a flight and later the flight is cancelled due to the bad weather. The airline did not cause the bad weather, but they do refund or rebook you.
I understand what you are saying. Rental agency did not cause hurricane, but I did not either. Why should one party of the contract assume all the responsibility? Again, it may be the way they do it, but it doesn't mean it is fair.
This situation is similar to when you book a flight and later the flight is cancelled due to the bad weather. The airline did not cause the bad weather, but they do refund or rebook you.
Delta does not refund for bad weather but they will try to re-book. Just like your place will not refund you for bad weather, but they are trying to let you re-book!
In July, we circled for an hour trying to land in NYC, but they closed due to weather, then tried to land at Baltimore who also closed due to weather, so then they dropped us at Norfolk, Va and told us good luck! They told us they don't refund for weather.
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Carry on...
