In the automotive market, a new product offered for signing a long term lease agreement raises questions as to its legality and its relevance: the protection against wear, also called aesthetic protection. Better to read the terms …
Sign eyes closed can be expensive. Martin (who prefers to shut its name) has learned the hard way during his last dated drain.
Two scratches and a bump on the body of his SUV led him to claim from his Mazda Dealer repair in good standing, convinced that he could benefit from the service for which he paid a “protection against wear “of exactly $ 1,270.47. Under this protection, damage of this kind was assumed by his dealer during the five year term of his lease, he thought. Error.
“In customer service, I was told that the lump was not big enough to be repaired. As for the scratches, I have no response from them, “says the driver.
One might think that each party does not give the same importance to the repair.
Yet, on closer look, the contract signed by the consumer is very clear appearance, as does the list of what is not covered by that trader called a “guarantee”.
Reading the list of exclusions, we find for example, that are not covered “surface scratches (not passing through the paint), no matter the size, damaged paint on a surface of less than 50 millimeters diameter or the bumper of the damage is not visible from a distance of three meters. ”
Regarding the wheels rubbed against the sidewalk, they can be replaced only twice the time of the contract and provided that the damage is more than 50 mm long …
Much detail and conditions that has not seen and did not play our driver but he has signed. It was actually lured by the advertising brochure that was handed to him the seller, booklet briefly recalling the typical costs of replacing a windshield or a rim and repair of a burst.
“These are verbal representations and decisions based on pamphlets,” does one note to the Association Automobile Protection (APA).
Our consumer “feeling that the [he] is not supported, and that protection is useless.”
“These are proposed repairs during the lease and not the end and that, that looks new,” says George Iny, APA President.
Very aware of this new practice of auto dealers, the Financial Markets Authority (AMF) is examining the legality of it.
“This kind of contract of guarantee and insurance aspects, there are similar exclusions guarantees and insurance, analysis George Iny. But at first glance, it is insurance, not a guarantee. ”
This distinction is important because a trader can not sell an insurance policy by passing for a guarantee. And vice versa.
“Even though the product name using the term” guarantee “, it is not a guarantee if the object of the contract is not to protect consumers against quality defects of the property sold. “Says Sylvain Théberge, Director of MFA media relations.
But the document signed by our driver is very similar to protection related to the hazards of the road. So to insurance. Hence the interest of the MFA for this new type of contract.
“The insurance income for a vehicle can only be distributed through certified representatives to the Authority. […] An auto insurance form approved by the Authority is required when qualified auto insurance, “says Théberge.
In this case, the AMF may choose a standard agreement and prohibit certain practices and exclusions. The consumer would be less harmed? To have.