Repair of a vehicle: babysitting fees can sometimes be charged

After a breakdown, a taxi craftsman drops his vehicle at a garage to see the damage and make a repair estimate. The professional having finished his service, he invites the owner of the vehicle to come and pick it up. The latter refuses on the ground that the manufacturer’s warranty does not apply and leaves the vehicle on the spot for several months. The garage owner charges the craftsman a babysitting fee of €159.50 per day, which he refuses to pay.

The Court of Appeal of Versailles rejected the garagiste’s application because the principle and the amount of those costs were not accepted contractually by both parties. The garage owner had not informed the owner of the pricing of any parking charges when the vehicle had been towed to his premises.

The Cour de cassation quashes and annuls that decision because the contract for the deposit of a vehicle with a garage exists in that it is an accessory to the company contract, independently of any guarantee agreement. Thus, the maintenance costs, even if not provided for in the initial contract, are due because they are ancillary to the initial estimate requested.