Legal assistance in case of breakdown abroad
Questioner
Four weeks ago I broke down in France with my car. After a lot of hassle with the emergency call center (of a large Dutch travel organization), an employee of the support center in Lyon advised me to continue my journey with the replacement car that they had arranged for me. The diagnosis and possible repair of the car would still take some time, namely. Because my journey would take longer than the maximum number of days of replacement transportation (35), the employee indicated that an exception would be made and that as a gesture of goodwill I could use the replacement transportation until the end of our journey (end of October) and that my own car would be transported to the Netherlands. Last Friday I was called by the travel organization that this information was incorrect and that I had to return the replacement car in Lyon (1100 km from my current place of residence) within a week. The employee indicated that his colleague should never have made that promise to me and that the conditions of my policy apply here (max. 35 days of replacement transportation). My question: to what extent does 'a verbal agreement is legally valid' apply here? And can the travel organisation revoke the general terms and conditions if I have been promised an exception? Incidentally, these terms and conditions also state that I must always follow the advice of the employees of the travel organisation, which I have done in this case by continuing my journey.Lawyer
In your case too, a verbal agreement is legally valid. In my opinion, the employee's promise also falls under that. Where it may become difficult is to prove that the promise was made. If, for example, that is recorded in the care provider's system, then it is simple and they must fulfill their promise. Any damage you suffer when they do not do so, they must then compensate you.Neem de volgende stap
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