Highway robbery: Should Avis be allowed to charge $336 an hour for a rental car?

The words “highway robbery” come to mind when hearing the story of John Floss, who was charged about $336 an hour to rent a car from Avis during the holidays. Is that legal?

I’m not making this up. Here’s Floss’ receipt.

avis1

Gary Floss, his father, filled in the details:

John was scheduled to fly from Chicago Midway to Minneapolis for Christmas with his family on Tuesday evening, Dec. 23rd. When he arrived at the airport, he learned that his flight was canceled and that the airline could not get him on another flight until Christmas Day.

As we wanted him home for Christmas Eve, he attempted to rent a car from Avis for a one-way drive to Minneapolis. At the time, the Avis service person said that they only had three cars left. Neither agency on each side of Avis had any cars left.

Well, I understand the principle of supply and demand. But I was stunned by the rate that was quoted, which was an estimate of $855 for the rental. The actual hourly rate quoted was $336 an hour or $4,204 for the week.

When John inquired why Avis was “gouging” him on this rate, the service person said “my boss would probably be upset at me for quoting this rate!”

In any event, we had no choice but to take the car in order for John to get home.

Floss wrote a brief, polite letter to Avis requesting a refund between the higher rate and the normal rate charged by Avis. So far, no response.

That doesn’t surprise me. Car rental companies typically charge higher rates for one-way rentals, and Floss is correct about supply and demand. Avis had his son over a barrel.

But where does a travel company cross the line between charging a market rate and price gouging?

Many states have price-gouging laws, but you only hear about them during natural disasters like hurricanes, when grocery stores double the price of staples or hotels raise room rates to take advantage of displaced guests.

So where’s that line? Floss thinks it was crossed. And interestingly, he may be in a position to make that determination.

I am an adjunct professor on the faculty of the University of St. Thomas in St. Paul, Minn. For nine years, I have taught a graduate level course called Strategic Quality Management, which is centered on the principles of performance excellence, leadership integrity, and continuous improvement of high-performing organizations.

I am always looking for case studies to use with our students, both “good” and “bad.”

This experience, suffice to say, constitutes a “bad” case and I plan to make the most of it in our class. It has several teaching points, not the least of which is the apparent disregard for the Avis Quality value statement on your Web site:

“Quality: We will place the interests of our customers first.

We will be dedicated to providing an individualized rental experience that assures customer satisfaction and earns the unwavering loyalty of our customers.

We will ensure that the ‘We Try Harder®’ philosophy underlies everything we do and shines through in our service to customers.”

I am certain you see that our experience does not correlate with this Quality value.”

I plan to use this experience in our class.

I believe that what Avis did was probably legal. It was not right.

I’ll be interested in seeing how Avis responds to Floss’ request for a refund.

  • Robert Davis

    I think the main problem was the one-way rental. We were in a situation where a local PA hertz location wanted to charge us $500 for a one-way fee. They had no real affiliation with the Hertz locations here in Baltimore so we drove it back when we no longer needed it. Normal rental rates just a fee for one-way.
    Bob

  • Stewart Sheinfeld

    While I believe Avis was wrong for charging this price the customer still had the option of walking away. If you went to buy a TV or a car and the price was too high would you buy it and then request a refund. I went to Avis website today it would not give a quote kept saying sold out Hertz quoted $160.00 The airlines charge more for last minute fares I suppose the rental car companies are entitled to abuse the public the same way. I think your header was a little bt over the top with sensationalism. No one was paying $336 / Hr saying $855/ day would have accomplished the same interest more honestly

  • Jasper

    I would call this another case where the “service” operator cared more about his end-of-year bonus, that about the customer. The problem with paying these guys commission is that they care about their wallet before they care about the customers wallet. The company hurt itself by its own rewarding scheme.

    So I don’t think it’s entirely fair to blame the “service” operator entirely. The problem is more with the way companies reward their sales reps. The same thing got the entire economy in trouble with the financial crisis. When people get paid commission, they don’t care about the customer, nor the company anymore. They only care about their own wallet. Especially in cases where the chance is really small that the operator has to face the same customer again.

  • Carver Farrow

    Should Avis be allowed to charge XXX. Of course. During the converse, when there is a glut of cars and Avis has to charge firesale prices, then customers should offer to pay more because the prices are too low? Of course not! The relationship with Avis is an arms length transaction with the price being set by whichever entity has the stronger position. During holidays its Avis, and during off-times its the customer.

    As a teaching point, Floss’s story fails, not the least of which because he’s not a disinterested party, but also because Floss was in a position to make an informed, rational choice, which he did, but has unilaterally decided that the price, which he agreed to, was too high.

    But let’s deconstruct Floss’s story to learn of his errors and why he “had” to pay so much.

    First, Floss didn’t try very hard to get a better price. According to the story he only tried three rental agencies before agreeing to pay this huge sum. Under those circumstances, I don’t really feel that sympathetic. As a professor, surely Floss is internet savvy. He could have fired up the old laptop and checked dozens of car rental agencies, or depending on the time of day, called a travel agency and paid them do it for him. I mean, its Chicago, not some far away place with 1only one car rental agency.

    I was in a similiar situation the very next day needing a rental car and my preferred vendors were out. I found cars on priceline/hotwire at $150 per day in Los Angeles. I can only surmise that the same would have been true in Chicago.
    Second, Floss exhibited inflexibility. He and his family wanted him home by Christmas Eve. I respect that. But one of the prime rules of travel is that if you have no flexibility in your travels plans, be prepared for the very real possibility that you will pay through the nose. There is no indication that Floss checked out any other possibilities such as flying another airline, or revisiting the decision that being home by Christmas Eve was inviolate.

    The reason why states have anti-gouging laws during natural disasters is because people don’t have a choice about purchasing food and water once the normal competitive infrastructure breaks down. Floss case is not remotely analagous. Floss didn’t have to take Avis’ offer. He made a conscious decision with his eyes wide open. There is no ethical precept which would require any refund.

  • ChelseaGirl

    I have to agree with Carver Farrow. While I still think Avis was short-sighted for charging such a ridiculous sum (they have lost that customer permanently), the customer did have other options and chose to accept the rate. Christmas Eve is of course a tough time to start exploring last-minute options, and perhaps Avis will decide to be nice and issue a partial refund. But basically what happened here is a vendor named a price and the customer accepted. This is very different than already having a reservation and then being charged a higher rate.

  • http://www.enduringwanderlust.com Enduring Wanderlust

    1. Don’t accept the rate. 2. Plan ahead. 3. I hope it was worth it from Avis because they lost that customer and next time I see two rental companies…I won’t be running over the Avis’ desk.

  • http://www.ffocus.org Bruce InCharlotte

    The key part here is not that it is a per-hour rate. It is the one-way “fee” that was charged as a daily rate rather than a single line item. If this customer had chosen to return the car to Midway as a normal renter would have done, they would have gotten a normal rate. This is NOT supply and demand. If they had a lot full of cars, I am confident that they would have charged the same exact rate.

  • Sven

    What kind of car was it?

  • larry bradley

    When a company charges ANY price for anything and the customer accepts, it is NOT price gouging. If the company CHANGES the price after the customer accepts the price, then and only then is it price gouging. Honestly, do you want some government employee who has probably never run a business to be in the business of dictating if there is or is not price gouging?

  • KW

    On a normal day, Avis charges $150/day for this one-way rental. As such the theory that it’s just a delivery fee is pretty well and truly shot.

    Charging $674/day for a compact car is a tad absurd.

    Now, I understand supply and demand just fine, but that sort of price increase in response to a holiay snowstorm seems shortsighted. After all, you can shear a sheep many times, but you can skin him only once.

    To me, it’s just bad business. Looking at the group he was rented, the car has an MSRP of approximately $11,000. It crosses a line when the customer would be better served by buying a new car, and returning it, instead of renting it.

  • Jennifer

    Sven, it looks to be a Hyundai Sonata. I don’t think that’s considered a compact. I agree that Avis was within its legal rights to charge this ridiculous fee but I hope the publicity was worth it to them.

  • MarkieA

    Larry Bradley – What dictionary are you using? Charging $10.00 for a bottle of water in the aftermath of a disaster is one very common example of price gouging, yet it flies in the face of both of your definitions; the price is set at $10 BEFORE the buyer accepts the offer, but the buyer accepts the price due to duress.

  • Aimee

    Of course he had to accept the price. It was Christmas Eve. It was in the middle of a snow storm that canceled everyone’s flight. I suppose he could have sat around in the airport for a few days (I believe they canceled Christmas Day flights, too) and completely missed Christmas. In fact, he could have missed his trip all together if he only took a few days off. If he wanted to get home, he had to fight the other thousands of stranded people for a car. A bus would not get him to Minneapolis in a timely fashion (they couldn’t run in the bad weather either). Come on, people, there were not other options available to him.

    It is absolutely price gouging. Remember after 9/11 and some stations sold gas for $5/gallon? That was price gouging because it was taking advantage of a disaster to raise their prices to unacceptable levels. People had to accept it because they had to have gas to fill their cars to get to work, get groceries, etc. That was prosecuted by the state’s attorney general. I’m not sure that will happen in this case, but it’s certainly worth looking into.

  • larry bradley

    Price gouging is a subjective term. Everyone has a different definition of what constitutes it. That’s the problem with a government official determining it. Usually they do it to get face time on TV for another election to a higher office. Florida’s new governor is a prime example. IF free market principles were applied during the aftermath of a natural disaster, I would suggest that supplies would flow faster in needy areas and as a result, the price would drop faster. If someone has a truckload of water in Canada and figures he can make some money even with the transport costs, why shouldn’t he be able to deliver it at a profit? The more product that flows in, the faster the price would drop. Government price mandates merely prolongs the process of recovery. If you owned a hotel in Florida and charged 3 times the rate after a disaster knowing that your occupancy rate would fall through the floor due to lack of tourism after the homeowners moved back home, why would you want the government to dictate that you as a business owner could not recover your costs? Do you think the government is going to give up some of their property tax revenues even though you as a hotel owner may be operating at a loss for months after the disaster?

  • larry bradley

    Price gouging is a subjective term. Everyone has a different definition of what constitutes it. That’s the problem with a government official determining it. Usually they do it to get face time on TV for another election to a higher office. Florida’s new governor is a prime example. IF free market principles were applied during the aftermath of a natural disaster, I would suggest that supplies would flow faster in needy areas and as a result, the price would drop faster. If someone has a truckload of water in Canada and figures he can make some money even with the transport costs, why shouldn’t he be able to deliver it at a profit? The more product that flows in, the faster the price would drop. Government price mandates merely prolongs the process of recovery. If you owned a hotel in Florida and charged 3 times the rate after a disaster knowing that your occupancy rate would fall through the floor due to lack of tourism after the homeowners moved back home, why would you want the government to dictate that you as a business owner could not recover your costs? Do you think the government is going to give up some of their property tax revenues even though you as a hotel owner may be operating at a loss for months after the disaster? FYI I am not defending AVIS. I think what they did was very short sighted. Not a good way to get repeat business.

  • SirWired

    As a side note, the customer made a few other minor mistakes when making the rental:

    1) He accepted the “fuel service option” at $27 + $1.50-something a gallon in tax. It’s much cheaper to fill up at a gas station.
    2) He accepted the LDW, even though most credit cards and auto insurance plans include such coverage.

    Of course, those were just rounding errors compared with the total rate.

    And yes, what Avis did here was wrong…

    I wonder what the rate would have been if he just took the car with a return of Midway airport, and then dropped it off at MSP instead. I think Hertz just tacks on a mileage charge in this case, without increasing the rental rate.

    Should have taken Greyhound, I guess.

    SirWired

  • Lianne

    Price gouge noun- pricing above the market price when no alternative retailer is available

    In other words in the case of price gouging free market principles do not apply because there is no competitve market. Businesses (usually on the local level) charge outrageous prices because the people have no other option except to starve/go homeless due to extraordinary cricumstances (ie hurricanes). Price gouging is effective in a short term mindset because despiration levels have not reached a point where people will start rioting or stealing to obtain basic goods and services. Of course prices will drop as more product flows in and a free market is restored, however in the short term people already in a bad situation suffer due to the unafforablity of goods.

    Back to the story at hand…was this guy price gouged. Not in the strictest sense. It was not a true emergency situation and with some more effort its possible he could have contacted additional rental agencies (particularly ones off airport) and found a better price. Was it good customer service, or in the Christmas spirit? No. I hope Avis elects to do a partial refund as part of a “good will gesture.”

  • Carver Farrow

    @Aimee

    Respectfully, that’s just not true. Mr. Floss, by his own admission, only checked 3 rental car agencies. Had he called a travel agency or checked online, then we might say that he exhausted his options. So he doesn’t know if other car companies has better deals. That very negligent of him.

    Its not price gouging because there was no “disaster”. Price gouging laws are a suspension of a retailer’s ability to set his own prices during a disaster because people don’t have real choices regarding staples, e.g. food, water, and shelter. Airline tickets because you want to see your folks for Christmas is hardly in the same class as clean water and safe food.

    This is not a grey area. There is no price gouging, at least as far as the law is concerned.

    @Larry

    In theory you are right about price gouging laws. But reality bites. The problem is that during a natural disaster, the infrastructure that would allow you to divert your truckload of water to the disaster area is often compromised. Therefore, until that infrastructure is restored, the folks living in the area have a very finite amount of food and water that has to be shared. Have you ever seen a run on a supermarket for staples. Not a pretty sight. I remember going to the supermarket to buy maybe $10 in food. Upon seeing the line extending outside the door, I, like else, began hoarding and stocking. As such, the government is right to temporarily make restrictions to ensure that everyone survives.

  • Stewart Sheinfeld

    in reaponse to Aimee:

    If he was able to drive then buses were able to run.

  • Mike

    Avis did gouge him, but perhaps not to the extent that they would have to face action by the attorney general. It should not be up to the public to have a laptop with a wiFi connection so they can log onto 34 different rental car sites in order to find a slightly cheaper rate. the fact that the location he was at had several agencies and all were out left him facing the possibility that others he would have contacted would have been out and the current place would have run out. I don’t fault him one bit for deciding to choose the rental. In addition, with Christmas, there is no guarantee that anyone will be open when you show up at their door.

    I blame the rental company for not statnding by their pledge that they make clear. It is a business statement that they choose to live by.

    Also FWIW. the fee to return a car is absurdly high. (one way) You can pay two people to drive one of your cars there, pick it up and drive both back for less than what the guy was charged.

    In the end, we shouldn’t blame the consumer for not checking 50 rental sites on Christmas when many agencies were out of vehicles and there were no flights home. We should direct some blame on the rental agency for taking advantage of someone on a day when giving is more important. Apparently they wanted the guy to give them all his money.

  • Chris

    … and how is this different from someone who buys a $198 21 day advanced purchse round trip ticket to fly from JFK to LAX and the poor sap who has to buy a walk-up fare at the airport for $1500 each way?

    Walk-up fares in the travel industry are generally more expensive than plan ahead. This is necessary for effective inventory control. Of course if there are a zillion cars on the lot, sometimes you can negotiate. Its all supply and demand right?

    I find it interesting that there is a debate whether this is gouging or not. In many states, hotels are required by law to post the maximum rate. They cannot legally cannot charge more than the room rate. (which is why I will be paying $59 for a night and there will be a post saying the maximum rate for 1 person is $499/night. I’ve always wondered which poor sap would pay the maximum rate. Maybe thats because I’m not in Washington DC during the inauguration, I avoid Daytona Beach during the Daytona 500, and don’t travel to the Tampa Bay during Super Bowl weekend, etc. What I am curious is whether the rate that Mr Floss was charged was an existing rate in Avis’ computer, or whether the manager made the rate up because he/she saw that the customer was out of options.

    If Avis does indeed have that rate BEFORE the transaction took place, then no, its not gouging. Whereas if the manager made up a ridiculous rate because of the situation, then consumer protection laws (or corporate policy) may have been broken (again depends on jurisdiction).

    Regardless, Mr Floss, did have the option of refusing the rate!

  • Carver Farrow

    @Mike

    Respectfully

    That makes no sense. Every major US airport has wi-fi terminals available for rent, so Floss didn’t need to have a laptop with him. Second, he didn’t need to check every site, there are such things as mega sites. 2 searches would have sufficed. One search on a regular site such as Travelocity. A second search on an opague site such as Hotwire. Basically, we’re talking less than 10 minutes.

    And even if he didn’t use online, he could have called a travel agency and had them do the research for him…

    Basically, your argument is that Floss had no responsibility to determine if he could get a better price elsewhere.

    Also, another potential choice; Floss could have driven his own car.

  • Shawna Cremeens

    I book alot of one-way cars with Avis. I think part of the problem is that he got unlimited mileage….when I ask about the per mile charge they are normally back down to normal type rates and you pay the mileage 0.45 per mile. It might be because I am a corporate customer but this has happened to me……..

  • Mike Z

    Let’s not get hung up on defining “gouging” or on theories of government policy in disasters. It all boils down to this: Is what Avis did…

    …legal? Apparently so (since car rental rates aren’t regulated)

    …moral/ethical? We can debate that one endlessly (but IMHO, it was immoral — and my mind is made up, so don’t try to confuse me with facts) (or dictionary definitions).

    …smart? Absolutely not. Bean counters may love it, but they seldom have a clue about the value of balancing revenue with good will. As was well stated earlier, for want of a few extra bucks, Avis may have lost quite a few customers — not only Mr. Floss, but a number of readers of this blog.

    Avis may have won the battle, but they lost the war.

  • Kelly

    I can’t even see the receipt, how can you all see that info? Its all blurry!

  • David Z

    but they lost the war.

    Depends on what so-called “war” is being referred to. But Avis, like everyone else, can choose what “wars” (or battles) to fight and what not on their own.

    There’s plenty of blame to go around. But…no one pointed a gun at Mr. Floss to force him to take Avis’ offer, and other options did exist that time it happened.

    Both Mr. Floss and Avis made their respective choices, and both will live with whatever happens after. But I’m sure both will be fine anyway.

  • Daryl

    Come on; I can do a search right now on Orbitz and Avis typically is on the far right side on pricing. Add the one-way charge to it, and it becomes incredibly expensive. Chris is correct about the walk-up rate versus the advance rate. Carver is correct about not finding alternatives. There’s a few other people who I agree with, but I’m too lazy to scroll up and acknowledge them.

    Supply/demand dictates that, if supply is low, raising prices will reduce demand but allow you to capture more revenue on diminishing quantities of product if the demand is still high. For example: I wanted a U-Haul for a one-way rental from LA to Seattle. Local U-Haul locations wanted $1,000. However, since San Diego had a glut of trucks (something to do with Intel opening an office and people relocated), San Diego offered me $255 – but I had to pick it up from San Diego. I presume it was a similar U-Haul truck I could have gotten from LA, so I took it.

    The consideration here is that it’s a one-way rental on a holiday period with lousy weather. Limited options, no flexibility on travel schedule, and an increasing panic that “if I don’t choose this, it might not be available in 5 minutes”. While I sympathize, uninformed decisions always cost more money (just like buying a car).

  • JOE MATRADOTZ

    Write a letter to Larry Deshon V P operations
    avis budget group parsippany NJ
    He wouldnt like this negative advertising

  • MZ

    You rented one way on a major holiday. I am in a rental car 365 days a year for work. I rent from Avis, Hertz, Enterprise, and Thrifty. The policies are the same. Supply and demand. You’re taking one of their cars OUT of their area on a PEAK rental date. I’ve seen it much higher.

  • Andrew Samtoy

    We are a law firm and want to talk to persons who were charged refueling fees by rental car companies. We are especially (but not exclusively) interested in people in the state of Ohio. It doesn’t matter which rental company charged the fee – Hertz, Avis or Budget – we want to talk to you. Please contact Andrew Samtoy at Dworken and Bernstein, L.P.A., at (866) 964-1806.

  • Carl Wolf

    The guy accepted the charges, and then complained that he was overcharged. The worse part, the FATHER is fighting the son’s battle. That’s pathetic! Perhaps his father should take away his son’s car keys.

  • Carver

    @Carl

    So what if his Dad is fighting his battle for him. Would you feel better if the battle were being fought via some high priced attorney, i.e. another proxy?