“The pictures clearly show ashes. We will not be able to remove the charge.”

Two weeks after Mary Garrow rented a car from Budget Rent a Car in Tulsa, she got an unpleasant surprise: A $250 cleaning charge for her vehicle. Budget claimed someone had been smoking in the car.

Garrow doesn’t smoke. She’d been in Tulsa for a funeral, which explains the presence of the ashes on the seat, and she believes the charges are unfair.

Budget sent her photos of the car (see above) but Garrow isn’t buying it. I’d like your opinion on this case, because frankly, I don’t know what to think.

Garrow rented the car on Oct. 10, and the new charge showed up on her credit card Oct. 28. A few days later, Budget notified her of the cleaning charge.

I called Budget and told them there must be some mistake – we don’t smoke. As a matter of fact, I have Advair and Albuteral inhalers for Asthma.

They said they had pictures of ashes on the back seat, which they emailed to me.

The photos look fairly convincing. They show a white, ash-like substance on the back seats.

But what is it?

On our way to the funeral, we picked up a mum plant and placed it on the back seat on a plastic bag. The plant tipped a little, spilling a little of the dry potting mixture on the seat.

I brushed most of it out of the car, possibly there were a few small crumbs which could possibly look like ash. Other than that, the car was returned just as we had received it.

I explained that to the Budget agent with no success. She said there was a report of a smoke smell by the cleaning crew.

I find this incredibly frustrating. If there is a problem with a rental car return, shouldn’t it be noted at the time that the customer is there to defend himself? That a company can just decide to impose a fine and put it on our credit card — before we even know about it — is just amazing to me.

Garrow asked Budget to reconsider, but received a terse response by email:

The initial observation for the review was the smoke smell. The pictures clearly show ashes. We will not be able to remove the charge.

Should I follow up with Budget and ask it to reconsider? I believe Garrow when she says she doesn’t smoke, and I also think the white substance could be potash, but at the same time, the car would have needed to get cleaned after she used it. Still, a $250 fee seems a little excessive.

What do you think?

A survey of more than 500 readers this morning says I should mediate the case. Let me see what I can do.

Update: Turns out Budget is able to remove the charges after all. I contacted the company, and a short while later was told the case had been resolved. Garrow tells me she’s “off the hook” for the charges.

  • Carver

    @Steve

    Not everything in a cotract is enforceable. The law generally discourages penalty clauses. IF this is nothing more than a money grab that it is almost certainly unenforceable as a matter of law. If however, it is a liquidated damages clause because the company does in fact perform additional work (check out the “W” Hotel’s pet policy) then the additional fee is justifiable.

  • DJP

    Were this smoking they need to mention this at the time of return…if not and they wait then this does not prove in a court that this “smoke smell” was even from her. This smoke smell could have come from a cig the cleaning crew was smoking.

    The car rental must save this ash because it is evidence and getting pot ash from where she got the plants is consistant with that proves her version of events.

  • Lisa S

    And it took over a week for them to notice the smell of smoke? Not buying it. If the company had a problem, they should have notified the customer at the time of the return. Seems like either rental car companies are getting sloppy OR, and this is more likely, they are getting more crooked.

  • phil from london

    Jon
    To answer
    “What I do note, is the Budget has provided photos of what *they* say is proof.. Garrow has nothing to back up her claim.”

    Why should anyone have anything to back up that they did not do something.
    I personally would give short shrift to any rental company who came up with this sort of nonsense after the car was checked in. If the character checking in doen not check then then it is Tough luck as far as I am concerned.
    IN UK our credit card companies would back their customer, but this is probably that if we go to our regulator it costs the credit card co 600 odd USD and they pay if they win or lose. This helps concentrate their minds as to if they will pay unfair charges wonderfully. Of course this is only necessary that our laws do this precisly because companies behave like Budget in this fashion

    I am sure that naoma foreman would not take that attitude that it is the customers fault for not cleaning if she was bogusly charged that amount by someone unfairly

  • Christina

    Dear Christopher, I love you and your website, but how about some love for us West Coasters? It is 6:27 am PST and not only is the poll is over for ‘Can this trip be saved?’, but the resolution has even been posted. Every single time I’ve read this post, I’ve never been able to participate in voting…very disappointing. Could you let the poll run for 24 hours, perhaps? I’m sure there’s a way to be more inclusive. Thank you for all you do! :)

  • Tere

    The line that jumped out at me was:

    “I also think the white substance could be potash, but at the same time, the car would have needed to get cleaned after she used it.”

    Aren’t cars ALWAYS cleaned after they are rented? And by cleaned, I mean just the basic outside wash and a quick vacuum, which is all that would have been needed to get rid of a little plant debris on the seat. Are rental agencies trumping up charges to do basic measures like running a vacuum hose for a few seconds? Because I’ve likely left some dirt on the floor of almost every car I’ve ever rented – can I expect to be nailed for *that* next time?

  • FL Traveler

    I agree with Tere and ask the same question: Aren’t cars ALWAYS cleaned after they are rented? It could have been dirt on the seat, mud on the floor – what’s the difference? It gets vacuumed !

    The smoke smell could have come from a multitude of places including someone walking by with a cigareete (last smioke before getting into a car, etc.) Since the gas level (and perhaps even mileage) would have needed to be looked at upon return putting the rental emplyee into the vehicle to some degree, any existing “smell” should have been reported to the customer THEN not 3 weeks later.

  • Anonymous

    Hmmmm can you call the public library for me? lol jk but really I’m glad someone is standing up for consumers who get taken adavanage of.