The Travel Troubleshooter: An unmarried driver fee? How enterprising

Question: A couple of weeks ago, my family and I took a trip to Hilton Head Island. We booked a rental car with Enterprise and the fine print in the contract said there would be an additional charge of $5 a day for “each additional authorized driver other than a spouse or domestic partner.”

I checked this language specifically, because my partner and I are partners, not spouses. We live in Canada (though we’re US citizens) and are “common-law spouses” (a domestic partnership category) under Canadian law.

When we arrived to pick up the car at the Savannah, Ga., airport, we were told we had to pay the extra fee because we were not married. Unfortunately, I didn’t have the document with the above language printed out, so I had to choose between signing the paperwork at the counter or finding a car from another agency.

Naturally, I chose to sign the paperwork; I had already waited in line for nearly half an hour, and I would almost certainly have had to pay a substantially higher rate as a last-minute walk-up at another agency.

When we got to Hilton Head, I looked up the information in my email, called Enterprise’s customer service line, and explained the situation. The gentleman with whom I spoke initially told me that “of course” we wouldn’t have to pay the extra fee if we were domestic partners. He then put me on hold to call the Savannah airport counter.

When he came back on, he told me that he had been wrong: the domestic partner exclusion applied only to same-sex domestic partners, not opposite-sex domestic partners.
I explained that the contract they sent to me did not specify “same-sex domestic partners.” It merely said “domestic partners.”

He agreed with me that we should not have to pay the fee, in his opinion, but said there was nothing he could do because that was company policy. He suggested that I register a formal complaint; I did so, but no one has gotten back to me. — Stacey Koprince, Montreal

Answer: If your contract promised domestic partners didn’t have to pay a fee for an additional driver, then Enterprise shouldn’t have charged you an extra $5 a day.

The extra-driver fee is, in my opinion, nothing more than a money grab. It doesn’t make any sense, either. By Enterprise’s logic, a married couple or a same-sex couple is less of a risk to a rental car than an opposite-sex couple, or just two friends. I haven’t seen any evidence that married couples are any less likely to total a car than unmarried couples.

Enterprise is hardly the only car rental company to charge extra-driver fees. But what makes its charges so troubling is the discriminatory nature of the fees. It won’t charge married couples, or gay couples, but it will charge straight couples? Come on.

If Enterprise wants to charge an extra $5 per driver, it should do it for everyone.

Next time you’re in a situation like this, don’t accept the rental. I don’t care if you had to spend half an hour in line. Ask to speak with a manager, and if that doesn’t work, call the Enterprise reservation number from the counter. Don’t make a scene, but don’t back down, either.

Once you sign on the dotted line, your options are limited. You’ve already agreed to the price, even if Enterprise is wrong. Getting it to reverse course won’t be easy.

But it’s not impossible. I contacted Enterprise on your behalf, and it refunded the extra-driver fee.

(Photo: rat ama hatta/Flickr Creative Commons)

  • BillC

    Since this is April 1st I am going to assume that this is some kind of April Fools joke.

    I know that the car rental companies always ask if there will be extra drivers but I was not aware that they charged extra. It really isn’t that surprising.

  • Tom

    Everybody avoids this charge by claiming that only one person is driving. Everybody.

    In the United States, a common law spouse is a spouse, although only a few states still allow common law marriages. The trouble with common law marriages, in general, is that they are hard to prove, particularly if one partner thinks they have a common law marriage and the other doesn’t orin probate.

    I think your choices are limited to arguing that Enterprise’s rules are unfair or that they should cut you some slack because you are a good customer. I’m sure with Chris’ help, Enterprise will gladly send you $5, or a coupon for $5 off your next rental, just to appear good guys.

  • Kim

    I have to say that I once used the spouse language to my advantage. I was only 23 when I got married but my husband was over 25. On our honeymoon, he rented the car and because of the language in the contract about spouses not needing to be added as additional drivers, I was able to drive the car. Had we not been married, I wouldn’t have been allowed to drive. Stupid but true.

    Chris, as for your comments about married couples being less liking to wreck cars. My auto insurance company actually gave me a discount for being married. Doesn’t mean that my husband or I is a better driver since we’re married, just that the actuaries think we are less of a risk. Again, stupid but true.

  • Raven

    This one better be an April Fools joke, but then, knowing the car rental industry, maybe not.

  • http://www.elliott.org Christopher Elliott

    @all, this is no joke. Alas, I wish it was.

  • Justin

    I have found that it is not necessary to tell the car rental company who is driving the car. For example, when I was under 25, I went to visit my parents and I needed a car. For me to rent the car would have been an extra $25/day because of my age. However, my dad rented the car under his name and just gave me the keys (he picked me up from the airport and picked up the car at an earlier time from an off-airport location). To be certain that I had no or limited liabilty in case of an accident, I called my insurance company and explained the whole situation. They informed me that i’m covered for any car I drive, regardless if it’s a friend’s or a car rental company who is not aware that i’m driving it. Does anyone else have any thoughts on this? It seems to me that the extra driver charge is capricious and bears no real relationship to their costs.

  • Jeanne in NE

    @Tom: Not everybody avoids the charge. I worked in the insurance industry for way too long to lie about who’s driving and not pay the surcharge for the extra driver.

    Last time I rented from Enterprise (Boston, MA 2010), they had a fee for extra drivers, married or not. (Moot point – I alone needed the car for the day.) So, I’m rather surprised that Enterprise waives the fee in Savannah, GA if you’re married.

  • TJ

    I have been married 19 years, but I kept my own name. When we first were married I had to carry a copy of our wedding certificate to show we are married…some companies required it. Then, for years, we didn’t rent cars together, just separately for business, & otherwise had driving vacations or were with family or public transportation or in cities….and then, in the last few years, we started renting again, and I did not have my certificate with me, and a rental company refused to accept us as married (and thus wanted to charge the extra fee) without seeing the certificate. It is a big rip off and money maker for the companies.

  • cjr

    A few months ago I was looking into renting a car with an extra driver, and the companies here (Enterprise & Hertz) wanted $10 per day per extra driver. I ended up passing.

    So, no, it’s not a joke, and I had assumed it was a common fee, even if it’s simply a money generator.

  • Mo

    I checked with my insurance company and Justin is on the money, Chris, can you contact somebody in the insurance industry to verify?

  • http://www.elliott.org Christopher Elliott

    @all – you make a valid point. People with grievances against a company often exaggerate their claim or say things that are patently false. I don’t write about those cases, but sometimes (and it’s very rare) one of their claims makes it into a story.

    I can’t even begin to tell you how awful I feel when that happens — being scammed by one of your own readers. So on a day like today, I’m particularly mindful of making sure no tall tales are told, at least not on this site.

  • frostysnowman

    Interesting post, because Enterprise waived the additional driver fee for two people when my family and I took a trip to CA last year. I rented the car, my spouse was a free additional driver. And like TJ, we have different last names so we brought a copy of our marriage certificate to prove it. My brother was on the trip with us and he was also a free addiitonal driver. His being exempt from the extra daily fee had something to do with being a blood relative or something like that; I can’t remember the exact reason.

    Anyway, Enterprise acted in a discriminatory manner to the OP and I’m glas Chris was able to help get their addiitonal fee money back.

  • KB

    Interesting. We were charged a daily fee to add my husband as an additonal driver by Avis. Plus they “reserved” $1,000 on our Visa to cover potential damages. Sounds like contracts don’t mean much anymore & a boycott maybe the only answer.

  • Drew

    @frostysnowman actually, that’s kind of funny, since California actually prevents charging extra-driver fees _by law_… If Enterprise said they were “waiving” the fee, then they were just playing some fancy footwork…

    @all It seems like this is just another way for the rental companies to try to make money… I talked to a friend of mine who owns one of the rental franchises at my local airport (I won’t be naming the company), and she was a fountain of useful information…

    A lot of the fees that are imposed on us are simply to cover their costs.. for example, the concession recovery fee is to pay for their rent and for the percentage that _they_ have to pay the airport… she said that, for a mid-sized car, they usually can pay for the car with about 10 rental days a month, depending on the rates that they get. Think about it this way… how much does a Chevy Malibu “cost” them as a lease? Probably $250-350 a month? If they charge $40 a day for 10 days, they’re making $400… after paying for rent and fees, they’re probably just about breaking even with that.. and if they actually get 15 days? wow! And this is a _small_ airport location with about 50 cars. Think about the larger ones that have hundreds…

  • Tanya

    I have found that in the past few years finding ANY car rental company that does not charge an extra driver fee is hard if not impossible to do… I just think that the $5-10 extra a DAY is ridiculous and I personally would rather just be told upfront versus when standing at the counter. Why any one person is more likely or not to get into an accident is beyond me.

  • Question

    We have a free Emerald membership to National through our credit card. Free extra driver, no waiting in line, and we haven’t had any problems at return. Sometimes the rentals cost a little more, but it has been worth it for us.

  • Steven

    Sometimes membership in a preferred status with rental companies will waive the charge. In my case, I’m HERTZ GOLD (actually President’s Club) and there is no fee for an extra driver whether related to me or not. Some of these preferred memberships can be obtained free due to a linkage with some other travel provider.
    That being said, any fee for an extra driver (except, maybe, for under 21 age drivers) is ridiculous. Just another profit center… like the charge for baggage on airlines that is so common today.

  • Kevin M

    A few points: Justin, yes, most of the time one’s own insurance covers oneself driving any vehicle. However, there are three major kinds of insurance: Liability (which covers damage you do to another person’s vehicle or property; Collision, which covers damage you cause to your own vehicle in an accident; and Comprehensive, which covers damage done to your vehicle not in an accident, such as hail damage. (There’s also other things like uninsured motorist coverage (which covers damage to your car if someone without insurance hits you), medical, etc. but for the sake of the rental car these are the major 3. Most states only require liability. If you only have liability insurance and you hit someone else while driving a rental car, your insurance does not cover the damage to the rental car. It does cover the damage to the other person’s car, but that won’t help if your rental car has thousands of dollars damage itself.

    When you say “It’s not necessary to tell the rental company who’s renting the car” – if you sign a contract saying youi will be the only driver, and you allow someone else to drive (and via an accident, the rental company finds out), you are opening a huge can of worms. Not only may the company blackball you from renting from them, they may share that information with their competitors and you may find yourself unable to rent a car in the future. In a case like yours, it could be your dad who finds himself unable to rent a car because he failed to disclose he was going to let you drive it.

    Moreover, if it turns out that, for instance, the contract specifically says no one under 25 is allowed to drive the vehicle without paying the substantially higher rate (which it sometimes does), and he violates that portion of the contract, there’s probably a huge penalty provision.

    While you’re likely right about your insurance covering you the same regardless of the car you’re driving, it’s a far leap from that to “it is not necessary to tell the car rental company who is driving the car”. And even if the insurance company is correct, your insurance may be wholly inadequate to cover, for instance, someone else plowing into the rental car and causing major damage. If the car were totalled and your insurance is liability only, you and/or your dad could be on the hook for the cost of the car plus any fines & penalties the insurance company levies for breaking their contract.

  • laura

    I’d like to point out that in the example Justin cites, the risk is that – in the event of an accident, if your insurance company will not fork over the amount of the loss the rental company claims, you would be on the hook for the difference. Rental comapnies are notorious for using relatively small accidents to ‘total’ the car and recoup the entire retail value of the car. Also, most consumer policies will not reimburse the rental company for ‘loss of use’ charges. You could wind up with a huge bill even if you think you’re covered.

  • brownlunchsack

    @Kim: As a former rental car employee, I can tell you that you were not allowed to drive the car at age 23. The fine print is somewhat obscure, but it basically states that any extra driver (whether automatically authorized spouses or non-related parties) must meet the minimum rental qualifications (i.e. be at least 25).

    Chris, I know that some states/companies/etc. have different laws/rules/etc., but here in CA, rental companies aren’t allowed to charge for any extra drivers. They are, however, allowed to limit the number of drivers added to a rental.

  • Mo

    After Reading all the comments, I wish that my regular car insurance company will have an optional fee to fully cover rental cars, I will be one who will sign for this, anybody?

  • LarryB

    Even better, I got hit with an extra driver fee at an Enterprise location in West Chester, OH (suburban Cincinnati) of $15 per day that was not disclosed by the counter agent and was hard to find on the contract. When I returned the car, the counter agent insisted that he told me about the charge and became angry and defensive.

    When I contacted Enterprise, they told me that this is a franchise location and that there was nothing I could do. All in all it was about $75, and I decided it wasn’t worth fighting about since we were in town because of a death in the family and just didn’t need more stress.

    Man, rental car companies rot.

  • Arizona Road Warrior

    I don’t know if this is true or not but a person from a rental car company stated that the fee for additional drivers is to recover the extra expense of additional insurance. A rental car company has insurance (i.e. liability) on it cars. The premium that an insurance company charges a rental car company is based upon the number of drivers for that rental car. The insurance that a rental car company pays has nothing to do with whether or not their customers are covered by their own personal insurance.

    In some states (California, New York, and Nevada) a spouse is automatically an authorized driver. I am sure that the rental car companies have adjusted their rates in those states since I have rented the same car from the same rental car company but in different states and the base rental rate was different. If you have a membership like Hertz Gold there is no fee for an extra driver whether they are related to the driver or not since it is a benefit of having a Hertz Gold membership.

  • Tommy

    My wife and I have different last names but have had not problem renting a car together. On our recent trip to Hawaii we rented from Hertz. They allow an extra driver without a fee if you’re a AAA member.

  • Bill

    I have seen on Hertz’s contracts that the spouse does not have to pay a fee to be an extra driver, but there is an extra fee if it is someone else.

    As far as this issue is concerned, since the couple is “legally married” in Canada, there should not be an extra fee. They are not “free to marry” even in the United States, because some jurisdiction somewhere in the world (in this case, Canada) recognizes them as being married. They should get their money back plus $2000 to make up for the time and trouble this agency’s stupidity caused.

  • MarkieA

    @ARW
    “The premium that an insurance company charges a rental car company is based upon the number of drivers for that rental car.”

    That may be, but why? Only one person can drive the car at a time. What difference does it make if I alone drive the rental car or 47 other SIMILARLY QUALIFIED people drive the car?

  • Don

    There is a statistical evidence that two people in a “relationship” have a higher chance of getting in an accident than a “married” couple. It has to do with the fact that two people in a relationship may be in that overly “in love” portion of the relationship and tends to gloss over things as safety while driving. This isn’t to say that couple in this story isn’t right, this is just pointing out why they are charging a fee. Personally, I would have just waived the $5 fee as I think its more for partying college students on spring break than for established couple with a family going on vacation.

  • http://www.adventureinternational.com/ai/default.html Mike P

    The real question is how do they know anyone is really married? Just because you happen to have the same last name and your walking in to rent a car means your married? Not necessarily! To me, if they are going to make a rule then what is required should be clear and everyone should be required to provide the same sort of documentation or proof, OR they just need to take your word for it, you can’t have it both ways; it is a double standard.

    I would also like to see the proof that having multiple drivers some how increases risk, thus requiring additional fees, it sounds like bunk to me. If you are renting a car for a long road trip, which many people do, it would seem to be safer if there are multiple drivers, rather than one very tired driver.

  • Arizona Road Warrior

    @ MarkieA – “That may be, but why? Only one person can drive the car at a time.”
    - – - – - – - -
    It is my GUESS (looking at the risk management aspect) that if there are multiple drivers in the car, the car could be driven longer in a day thus increasing the probability (probably very negligible) of being involved with an accident. For example, if there is only one driver, the driver might call it a day after 8 hours of driving. However, a car with two drivers, the first driver could drive 8 hours then the second driver drive the next 8 hours.

    It is my GUESS that the additional liability insurance costs that a rental car company pays is very low for an additional driver thus the reason why certain memberships, Hertz # 1 Gold, AAA, etc. give their members the benefit of having additional drivers (spouse and/or non-relatives) at no additional costs.

    Another reason (looking at the additional cost aspect) could be that there is a cost to access a state DMV database to check that the driver license is active, not suspended, etc.

    It would have been great if Chris Elliott could have received a comment from a car rental company for the reason of the $ 5.00 fee for an additional driver.

  • Tom

    Knowing something about insurance, my guess is the extra fee for a second driver who is not a spouse is experienced based. Insurance companies have noticed more accidents in cars rented by two unrelated people than in cars by married couples. It’s like why they charge higher rates to 16 year old boys than to middle aged women even though individually the boy could be a great driver and the woman a lousy driver.

  • Michael K

    @Arizona:
    If the real concern is that the car would be driven longer, why not account for that in the obvious way and charge based on… miles driven? Why charge instead based on something that is very weakly (if at all) correlated with driving time?

    Most of the other possible explanations cited don’t justify a per-day charge. Credit check, license check, and paperwork costs are the same for a one day or a twenty day rental.

    By the way, $5/day is on the low end. To quote from Enterprise.com: ‘This fee will vary by regions but “typically” averages $10.00 per day per additional driver.’

    I can attest from first hand experience that Avis charges $13/day in most states. At least they have a cap of $65 per rental (some companies have no additional driver fee cap per rental).

    I’ve used opaque sites on occasion for car rentals and this is an annoying variable to account for. Depending on the company you get, the additional driver (and additional insurance fees) can vary considerably.

  • Joe in Calif

    There is no way that any company is going to charge gay and lesbian people a fee not charged to married couples – not a chance in the world – the GL etc etc etc groups will have a total hissy fit, call for boycotts, get the press involved, set up a website and facebook pages, etc etc. You all understand where this is going.

    Turn it around and involve heterosexual couples charged a fee – and who is going to get all charged up over that? No press. No facebook boycotts, no interest from major liberal groups out there – sorry – you have to pay the fee.

    After all, its about equality, right?

  • Leland Ensor

    I asked Hertz for a corporate rate account, and they give no charge for extra drivers 21 and over. Getting the account costs nothing….they just hope that by opening the account we will give them business and that they can send us promo mailings. So, why wouldn’t anyone with 2+ drivers sign up for something that is free?

  • Jennifer

    When my brother and I were young and single, and would go on family trips together, we would pretend to be married when renting a car so we wouldn’t have to pay the fee. No one ever questioned the fact that we really look a lot alike. :-)

  • bodega

    Kevin@good post!

    Jennifer@that sounds cute but had you been in an accident, fraud would have been part of the rental car companies claim.

    Leland@as long at the people who rent under the corporate account actually work for the company, it is a good deal for renters who normally may not qualify based on age.

    With Hertz, if the driver has a AAA card and so does the additional driver, there is no additional driver fee. You do have to have them added to the contract, even if you are Hertz Gold if they are not already covered. When traveling with others, we alway make sure we have an additional driver on our contract.

  • http://www.facebook.com/profile.php?id=790010640 Joaquin Quiroz Jr

    having companies do the right thing is taking more and more effort, wouldn’t it be good if the companies did it because it’s the right thing to do?