Legal Question in Business Law in California

I need to know if the following information is correct with regard to car rentals.

I am a travel agent and have been told that 3rd party credit cards, ie a company's (employer's) credit card, cannot be used by an employee to rent a car, unless the name of the employee, who actually shows up to rent/drive the car, is on the employer's/company's credit card and that in this scenario, liability for the rental rests, (at least in part) with the company.

I am also told that in a situation where the car is not reserved directly with a car rental agency but instead reserved and paid for thru a 3rd party such as Priceline, Pleasant Holidays, etc, that ANYONE'S credit card can be used and that because the car rental agency will never see or know the method of payment for the reservation, that liability will rest solely with the person whose name is on the reservation and who ultimately shows up to take the rental, provide their personal I.D, their own credit card and personally sign the rental contract In summary, taking all liability away from the party who initially reserved and paid for the car.

Is all the above true and if now, can you clarify?

Thank you


Asked on 5/14/14, 12:06 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

As to the first question, my sources advise me that credit cards generally carry an individual's name, since companies (corporations) cannot do handwriting and therefore cannot sign anything. So, an "XYZ, Inc." credit card authorizing charges to XYZ, Inc. invariably must also bear the name of the individual corporate officer or employee to whom it is assigned and who may incur the charges and risks on behalf of the company. Now, if there is an accident, other rules and policies of law (rather than policies of the car issuer) will come into play. If Joe Doakes, assistant vice-president of XYZ, Inc., runs down a pedestrian with the rental car, Joe's and XYZ's liability to the pedestrian will be determined by whether Joe was driving on business or a personal lark, etc. -- having little to do with the rental company's policies. (The sources I rely upon are (former) senior officers of a credit card company.)

As to the second proposition, while it is generally true, I believe it goes too far in assuming that all liability is taken away from the party which initially reserved and paid for the car. There are many court decisions showing that any party involved in a transaction or series of related transactions which acts negligently can be found liable for injuries proximately resulting from said negligence. A company that sets up a rental for an employee with a known history of bad driving, drunkenness, etc., is rather likely to be found liable for any harm caused by the employee with the rental car.

The long and short of it is that your question fails to separate issues relating to credit card issuer policies, rental-car company policies, and policies of the courts in deciding auto-injury liability cases.

Read more
Answered on 5/14/14, 4:02 pm


Related Questions & Answers

More Business Law questions and answers in California