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Enterprise charges customer more than $3,300 for damage incurred after truck returned – CBC.ca

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Samuel Wardlaw expected to pay $200 for his truck rental. Instead, Enterprise Rent-A-Car added more than $3,300 to his bill — for damage that occurred after he dropped it off.

He’d only used the truck for five hours, to move some belongings to his new apartment.

But a week later, an unexpected email from the rental giant said he was responsible for damage that occurred on the Enterprise lot after hours.

  • Have a question or something to say? CBC News is live in the comments now.

The email didn’t explain what had happened or why he was responsible — but it struck fear in Wardlaw, 29, a delivery driver for a lumber company.

“I was anxious about what the price was going to be,” he said. “So to see over $3,300 in damage? I was totally shocked.”

Enterprise said later that, after Wardlaw parked the truck and put the keys in a secure drop box, as instructed by an employee, someone stole its catalytic converter, a part of the exhaust system that contains valuable metals.

Enterprise pointed to a clause on page 7 of its rental contract that says drivers who drop off a vehicle after hours are responsible for any damage or theft until it’s checked in by an employee.

“It’s their truck, their lot, their catalytic converter. Everything about it is within Enterprise’s control,” said Wardlaw. “For them to say it’s my liability is pretty ridiculous.”

After Go Public got involved, Enterprise said in an email it had “decided not to pursue the claim.” 

The company did not explain why and said no one was available for an interview.

Go Public has checked the terms and conditions for the three major companies that account for an estimated 95 per cent of all car rentals in Canada: Enterprise (which owns National and Alamo), Avis (which owns Budget) and Hertz (which owns Dollar and Thrifty).

All the contracts contain similar clauses, claiming drivers are responsible for any damage or theft from the time they drop off a vehicle until it is checked back in.

An employee at this Enterprise location in north Toronto told Wardlaw he could drop off a truck after hours. Wardlaw says there was no mention that he’d be responsible for the truck until it got checked back in almost two days later. (Samantha Nar/CBC)

A consumer advocate and lawyer says Enterprise and other car rental giants give the impression there’s no downside to dropping off a vehicle after hours.

“We’ve all been there — the car company says, ‘No problem, stick the keys through the slot in the door,'” said Jennifer Marston, who works with the free legal clinic Pro Bono Ontario.

“But how many times do they say to you, ‘If anything happens when the car is parked on the lot, you’re responsible’? That’s never happened to me.”

‘Just put the keys through the drop off slot’

Wardlaw says when he arrived to pick up the truck, there was little discussion about the terms and conditions in the 30-page (English and French) contract.

“They told me that since they were going to be closed at 12 o’clock that day and I would be returning at around 1 p.m., to just put the keys through the drop off slot when I returned the vehicle,” he said.

Marston says big car rental outfits can’t hide behind lengthy contracts they know most people won’t read and may not understand when they contain ambiguous or unusual terms.

The rental contracts for Canada’s three biggest vehicle rental companies all contain similar clauses; claiming drivers are responsible for any damage or theft from the time they drop off a vehicle until it is checked back in. (Luke Sharrett/Bloomberg)

“They wrote it. They had the opportunity to put more effort into making it clear and they didn’t,” she said. 

She says legal precedent exists due to an Ontario case which found Tilden Rent-A-Car was required to bring unexpected terms to the attention of the consumer if it wants them to be enforceable. 

“When there’s an onerous term in the contract, a heavy term that puts a big burden on someone, if it’s buried in the fine print, then the company in a consumer transaction like this has the responsibility to bring that to the consumer’s attention,” said Marston.

The companies also have to meet a standard of proof when holding customers responsible for damage, said Marston.

When Enterprise told Wardlaw a thief had stolen that catalytic converter, it sent photographs of the damage, but they weren’t time-stamped. 

“We don’t know when those photos were taken,” said Marston.

Lawyer Jennifer Marston of Pro Bono Ontario says car rental companies are required to point out unexpected clauses in the fine print to their customers. (Samantha Nar/CBC)

“Maybe they were taken a week later. The burden is on the company to prove that.”

She says people caught in a dispute need to know one thing — the rental company isn’t the judge.

“They will send you a letter saying you’ve caused this damage, you owe this amount of money. But they’re actually not the ones who get to decide that,” said Marston.

“That’s just their position as one of the parties to a legal claim. And you have the opportunity to respond,” she said, with the understanding that the matter might end with a collection agency or small claims court. 

Go Public has learned that the same Enterprise location in north Toronto had half a dozen catalytic converters worth $24,000 stolen from its trucks shortly after Wardlaw’s incident. 

  • Read stats about the growing problem of catalytic converter thefts

The company declined to say what it is doing to prevent further thefts and damage. 

Marston says the companies should ensure their vehicles are being stored under safe conditions.

“The rental company could secure the perimeter. They could install security cameras. They can install anti-theft devices on vehicles,” she said.

“These options aren’t available to the consumers, so why should the consumer bear the loss?”

‘This is absolute BS’

Stuti Narula of Toronto says an Enterprise employee also told her to drop off the keys when she returned a car after hours, to a location in the city’s north end last December.

The next day, an Enterprise employee called to say she was responsible for a scratch on its passenger door — and owed $1,000.

Narula says the car was in perfect condition when she returned it, but — as with Wardlaw — an employee said she was liable for any damages incurred before it was checked back in and that the matter would be sent to a collection agency if she didn’t pay up.

“This is absolute BS,” said Narula. “If I have to be held liable for any damages to the car, I might as well keep it in my careful custody until the office opens the next day.”

She says the drop-off location had closed-circuit cameras, but she was told she couldn’t see footage.

WATCH | Enterprise charges customer more than $3K for damages incurred after truck returned:

Man charged $3,300 for damage after rental truck returned | Go Public

13 hours ago

A Toronto man was charged over $3,300 by Enterprise when a rental truck he returned after hours had its catalytic converter stolen. CBC’s Go Public investigated the clause in most rental contracts that makes the renter responsible when a vehicle is returned after hours. 2:10

Narula also says she was told the damage was discovered after an employee drove the car to a car wash — and she questioned whether that’s when the damage occurred.

“I’m entitled to know what investigation Enterprise carried out at its end before slamming the damage cost on me,” Narula wrote in an email to the car rental giant.

After fighting Enterprise for several months, Narula reluctantly asked her car insurance company to submit a payment, but she’s sworn off ever renting from Enterprise again.

Enterprise wrote in an email to Go Public that allowing customers to return vehicles after hours is a “convenience” and that “it is important to understand that the rental transaction is not complete until the vehicle has been inspected.”

Wardlaw says he’s relieved he’s no longer expected to pay his damage bill, but says Enterprise has lost him as a customer, too.

“Basically, from the moment I called them, they were arguing with me. I didn’t feel that there was any interest in resolution — other than to have me pay the full amount.”


Protect yourself ‘after hours’

  • Ideally, return your vehicle during operating hours and have an agent check it over and sign off on rental.
  • If you must drop off the vehicle after hours, note whether there are security cameras on the lot and try to park within view.
  • Set your smartphone to add a date and time stamp to photos and take pictures of the sides, front, back and roof of vehicle and — if possible — the underside, wheel wells, interior and trunk.
  • Take a photo of the mileage on the odometer.
  • Hold onto photos for at least six months.

Submit your story ideas

Go Public is an investigative news segment on CBC-TV, radio and the web.

We tell your stories, shed light on wrongdoing and hold the powers that be accountable.

If you have a story in the public interest, or if you’re an insider with information, contact GoPublic@cbc.ca with your name, contact information and a brief summary. All emails are confidential until you decide to Go Public.

Follow @CBCGoPublic on Twitter.

Read more stories by Go Public.

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Telus prioritizing ‘most important customers,’ avoiding ‘unprofitable’ offers: CFO

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Telus Corp. says it is avoiding offering “unprofitable” discounts as fierce competition in the Canadian telecommunications sector shows no sign of slowing down.

The company said Friday it had fewer net new customers during its third quarter compared with the same time last year, as it copes with increasingly “aggressive marketing and promotional pricing” that is prompting more customers to switch providers.

Telus said it added 347,000 net new customers, down around 14.5 per cent compared with last year. The figure includes 130,000 mobile phone subscribers and 34,000 internet customers, down 30,000 and 3,000, respectively, year-over-year.

The company reported its mobile phone churn rate — a metric measuring subscribers who cancelled their services — was 1.09 per cent in the third quarter, up from 1.03 per cent in the third quarter of 2023. That included a postpaid mobile phone churn rate of 0.90 per cent in its latest quarter.

Telus said its focus is on customer retention through its “industry-leading service and network quality, along with successful promotions and bundled offerings.”

“The customers we have are the most important customers we can get,” said chief financial officer Doug French in an interview.

“We’ve, again, just continued to focus on what matters most to our customers, from a product and customer service perspective, while not loading unprofitable customers.”

Meanwhile, Telus reported its net income attributable to common shares more than doubled during its third quarter.

The telecommunications company said it earned $280 million, up 105.9 per cent from the same three-month period in 2023. Earnings per diluted share for the quarter ended Sept. 30 was 19 cents compared with nine cents a year earlier.

It reported adjusted net income was $413 million, up 10.7 per cent year-over-year from $373 million in the same quarter last year. Operating revenue and other income for the quarter was $5.1 billion, up 1.8 per cent from the previous year.

Mobile phone average revenue per user was $58.85 in the third quarter, a decrease of $2.09 or 3.4 per cent from a year ago. Telus said the drop was attributable to customers signing up for base rate plans with lower prices, along with a decline in overage and roaming revenues.

It said customers are increasingly adopting unlimited data and Canada-U.S. plans which provide higher and more stable ARPU on a monthly basis.

“In a tough operating environment and relative to peers, we view Q3 results that were in line to slightly better than forecast as the best of the bunch,” said RBC analyst Drew McReynolds in a note.

Scotiabank analyst Maher Yaghi added that “the telecom industry in Canada remains very challenging for all players, however, Telus has been able to face these pressures” and still deliver growth.

The Big 3 telecom providers — which also include Rogers Communications Inc. and BCE Inc. — have frequently stressed that the market has grown more competitive in recent years, especially after the closing of Quebecor Inc.’s purchase of Freedom Mobile in April 2023.

Hailed as a fourth national carrier, Quebecor has invested in enhancements to Freedom’s network while offering more affordable plans as part of a set of commitments it was mandated by Ottawa to agree to.

The cost of telephone services in September was down eight per cent compared with a year earlier, according to Statistics Canada’s most recent inflation report last month.

“I think competition has been and continues to be, I’d say, quite intense in Canada, and we’ve obviously had to just manage our business the way we see fit,” said French.

Asked how long that environment could last, he said that’s out of Telus’ hands.

“What I can control, though, is how we go to market and how we lead with our products,” he said.

“I think the conditions within the market will have to adjust accordingly over time. We’ve continued to focus on digitization, continued to bring our cost structure down to compete, irrespective of the price and the current market conditions.”

Still, Canada’s telecom regulator continues to warn providers about customers facing more charges on their cellphone and internet bills.

On Tuesday, CRTC vice-president of consumer, analytics and strategy Scott Hutton called on providers to ensure they clearly inform their customers of charges such as early cancellation fees.

That followed statements from the regulator in recent weeks cautioning against rising international roaming fees and “surprise” price increases being found on their bills.

Hutton said the CRTC plans to launch public consultations in the coming weeks that will focus “on ensuring that information is clear and consistent, making it easier to compare offers and switch services or providers.”

“The CRTC is concerned with recent trends, which suggest that Canadians may not be benefiting from the full protections of our codes,” he said.

“We will continue to monitor developments and will take further action if our codes are not being followed.”

French said any initiative to boost transparency is a step in the right direction.

“I can’t say we are perfect across the board, but what I can say is we are absolutely taking it under consideration and trying to be the best at communicating with our customers,” he said.

“I think everyone looking in the mirror would say there’s room for improvement.”

This report by The Canadian Press was first published Nov. 8, 2024.

Companies in this story: (TSX:T)

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TC Energy cuts cost estimate for Southeast Gateway pipeline project in Mexico

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CALGARY – TC Energy Corp. has lowered the estimated cost of its Southeast Gateway pipeline project in Mexico.

It says it now expects the project to cost between US$3.9 billion and US$4.1 billion compared with its original estimate of US$4.5 billion.

The change came as the company reported a third-quarter profit attributable to common shareholders of C$1.46 billion or $1.40 per share compared with a loss of C$197 million or 19 cents per share in the same quarter last year.

Revenue for the quarter ended Sept. 30 totalled C$4.08 billion, up from C$3.94 billion in the third quarter of 2023.

TC Energy says its comparable earnings for its latest quarter amounted to C$1.03 per share compared with C$1.00 per share a year earlier.

The average analyst estimate had been for a profit of 95 cents per share, according to LSEG Data & Analytics.

This report by The Canadian Press was first published Nov. 7, 2024.

Companies in this story: (TSX:TRP)

The Canadian Press. All rights reserved.

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BCE reports Q3 loss on asset impairment charge, cuts revenue guidance

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BCE Inc. reported a loss in its latest quarter as it recorded $2.11 billion in asset impairment charges, mainly related to Bell Media’s TV and radio properties.

The company says its net loss attributable to common shareholders amounted to $1.24 billion or $1.36 per share for the quarter ended Sept. 30 compared with a profit of $640 million or 70 cents per share a year earlier.

On an adjusted basis, BCE says it earned 75 cents per share in its latest quarter compared with an adjusted profit of 81 cents per share in the same quarter last year.

“Bell’s results for the third quarter demonstrate that we are disciplined in our pursuit of profitable growth in an intensely competitive environment,” BCE chief executive Mirko Bibic said in a statement.

“Our focus this quarter, and throughout 2024, has been to attract higher-margin subscribers and reduce costs to help offset short-term revenue impacts from sustained competitive pricing pressures, slow economic growth and a media advertising market that is in transition.”

Operating revenue for the quarter totalled $5.97 billion, down from $6.08 billion in its third quarter of 2023.

BCE also said it now expects its revenue for 2024 to fall about 1.5 per cent compared with earlier guidance for an increase of zero to four per cent.

The company says the change comes as it faces lower-than-anticipated wireless product revenue and sustained pressure on wireless prices.

BCE added 33,111 net postpaid mobile phone subscribers, down 76.8 per cent from the same period last year, which was the company’s second-best performance on the metric since 2010.

It says the drop was driven by higher customer churn — a measure of subscribers who cancelled their service — amid greater competitive activity and promotional offer intensity. BCE’s monthly churn rate for the category was 1.28 per cent, up from 1.1 per cent during its previous third quarter.

The company also saw 11.6 per cent fewer gross subscriber activations “due to more targeted promotional offers and mobile device discounting compared to last year.”

Bell’s wireless mobile phone average revenue per user was $58.26, down 3.4 per cent from $60.28 in the third quarter of the prior year.

This report by The Canadian Press was first published Nov. 7, 2024.

Companies in this story: (TSX:BCE)

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