The clause in a car rental contract which excludes insurance for damage caused by a miscalculation of the vehicle gage is not an unfair clause. The Court of Cassation ruled on this on December 12, 2018.
A car rental business claimed from one of its customers the reimbursement of repair costs for the damage to the top of the body of the rented commercial car and resulting from a poor appreciation of its height.
The Court of Appeal had rejected that request. It had considered that the clause in the contract excluding damage to the vehicle from insurance in such a case was an unfair clause because it did not allow the customer to know whether he was insured or not as long as the exclusion was not limited to the intentional fault of the customer.
But the Court of Cassation ruled otherwise. It ruled out any unfairness or deception and considered that the clause clearly informed the consumer of the exclusion of the guarantee.
