Dear OK mobility,
Thank you for your message. Unfortunately, I cannot accept your conclusion.
In your e-mail of 25 September, you confirmed that a note had been added to my reservation changing the pick-up time to 26 September at 10:30, with a reactivation fee of €60. In that same e-mail, you wrote that “this fee is contingent upon vehicle availability at the time of pick-up.”
I must point out that this wording referred only to the additional fee, and in no way stated that my reservation itself would be cancelled in case of limited availability. On the contrary: by explicitly confirming that a note had been added to my booking, you confirmed that the reservation remained active. I was therefore fully entitled to rely on your confirmation that the vehicle would be available at the newly agreed time.
The unilateral cancellation of my reservation upon arrival on 26 September therefore constitutes a breach of contract and a clear violation of my rights as a consumer.
Legal basis
• Under Article 1101 of the Spanish Civil Code (Código Civil), any party failing to fulfil its contractual obligations is liable for damages and losses resulting from such non-performance.
• Under the Ley General para la Defensa de los Consumidores y Usuarios (LGDCU):
• Article 8 protects the legitimate economic interests of the consumer and guarantees the right to compensation in the event of breach.
• Article 65 requires contracts to be performed in accordance with the principle of objective good faith.
• Articles 82–83 declare void any terms contrary to good faith that cause a significant imbalance against the consumer.
• Furthermore, the EU Directive on Unfair Commercial Practices (2005/29/EC) prohibits traders from failing to honour confirmed commitments regarding the provision of a service, as this is misleading and harmful to the consumer’s economic interests.
Claim
I therefore request, within 14 calendar days:
1. A full refund of the amount paid to OK Mobility (€110); and
2. Compensation for the additional costs I was forced to incur for a replacement vehicle from Hertz (€560.23).
Further steps
Should OK Mobility fail to comply within the above deadline, I will, without further notice:
• file a chargeback with my credit card provider for non-delivery of service;
• submit a complaint to the Dirección General de Consumo de las Islas Baleares and the European Consumer Centre (ECC);
• and instruct my legal expenses insurance and lawyer to pursue this matter through legal proceedings.
I urge OK Mobility to resolve this matter in accordance with Spanish and European law, and I expect your confirmation of the refund and compensation no later than 14 days from today.
