A different car than you booked, ‘or similar’, or a paid upgrade: what are your rights?

You booked a compact estate with room for four suitcases, and at the desk you are handed the keys to a small hatchback. Or the only car left is a large SUV, and the desk wants you to pay extra for it. A booking is usually for a category, not a model, but the car you get should still match what you booked, or be better, without extra cost. Here is how to handle each situation.

What does ‘or similar’ mean?

Almost every rental offer shows one model followed by ‘or similar’. That means you book a category of car, with the model in the picture as an example. The Leaseurope Code of Best Practice, the European rental industry code, says the vehicle categories and their representative example should be clearly described at the time of booking.

Which? notes that car hire terms often say the company cannot guarantee a particular make or model, and that the cars shown are for guidance only and may be replaced by a similar or upgraded car at no extra cost.

So ‘or similar’ gives the company room to change the model, but not to give you less than you booked. What counts is the specification: size, seats, doors, luggage space, gearbox, fuel type and any feature you selected, such as automatic transmission or a tow bar.

What should happen if the booked car is not available?

European Consumer Centres are clear on this point:

• ECC Ireland says your hire car should match the specifications of what you booked, and if the exact make and model is not available, you should be offered a car with the same specifications and capacity, or better.
• The French European Consumer Centre says that if the model you reserved is not available, you need not pay more for an upgraded vehicle, and if you get a vehicle of a lower range, the price must be adjusted.

Which differences matter most?

Not every change is a problem. A different brand in the same size class usually is not. These differences often are:

• Gearbox. If you booked an automatic and get a manual, you may not be able to drive the car safely. This is a clear mismatch.
• Seats and luggage space. A car with fewer seats or a smaller boot may not fit your group or your luggage.
• Fuel type. A petrol, diesel, hybrid or electric car changes your costs and how you plan stops.
• Extras you booked. A tow bar, roof rack or four-wheel drive that was part of the booking should be there.

If the car does not fit what you booked on one of these points, say so at the desk before you sign, not after the trip.

Paid upgrade at the desk: when is it fair?

An upgrade you ask for, or freely accept as an offer, is a new agreement and you pay the price you agreed. The problem starts when the desk says your category is gone and the only option is a bigger car at a price. In that case, the reason for the change lies with the company, not with you.

You can say politely that you booked a category and that, if it is not available, you expect the same or a better car without extra cost, as the consumer centres describe. If the desk insists and you need the car, you can pay to get going, but write on the contract or the receipt that you pay under protest because your booked category was not available. Ask for the refusal in writing.

1Compare the car with your booking

Before you leave the car park, open your booking confirmation and compare: category, seats, doors, gearbox, fuel type, luggage space and any extras you booked. If something does not match, go back to the desk at once. ECC Ireland advises letting both the rental company and the company you booked through know immediately.

2Get the change on paper

Ask the desk to write the change on the rental agreement, for example ‘booked category X, received category Y, no extra cost’. Take photos of the car, the contract and the booking confirmation side by side. Our pick-up checklist helps you check the rest of the car, including existing damage, before you drive off.

3Ask for money back after a downgrade

If you had to accept a smaller car, ask for the price difference in writing as soon as possible. Attach the booking confirmation, the contract and your photos. If you booked through a broker, write to the broker as well. See who to complain to after booking through a broker.

4Complain about an upgrade you paid for under protest

Write to the company after your trip. Explain that your booked category was not available, that you paid the upgrade under protest, and ask for a refund. Which? suggests giving the company a reasonable time to reply, for example 14 days. Our letter templates help you write the complaint.

Booking number: [booking number]
I booked a car in category [booked category] for [dates]. At the desk in [location] I was told this category was not available and was given a [received car] in category [received category]. I was charged [amount] for this change, which I paid under protest. As the change was caused by the unavailability of the car I booked, I ask you to refund [amount] within 14 days.

Where to go if the company does not help

If the company is in another EU country and does not reply, the European Consumer Centre in your country can help for free: see how an ECC complaint works. For cross-border rentals booked directly with a participating company, the conciliation service ECRCS is another option; read how ECRCS works.

If no car was available at all, the situation is different. Read what to do when there is no car at the rental desk.