• Report: #923900

Complaint Review: Melissa's Car Wash - Daytona Beach, FL

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  • Submitted: Tue, August 07, 2012
  • Updated: Tue, August 07, 2012

  • Reported By: Christin Disler — Vonore Tennessee United States of America
Melissa's Car Wash - Daytona Beach, FL
1330 Beville Road Daytona Beach, Florida United States of America

Melissa's Car Wash - Daytona Beach, FL Car Wash Tore Brake Assembly off Car - Owner claims no fault! Daytona Beach, Florida

*Author of original report: Owner contact me - looking to resolve

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This car wash tore off the brake light and assembly above my rear window! The normal one attached to most cars ... this was not anything aftermarket. The guy at the car wash pretty much told me too bad - I called their number and they had the flunky there call me wanting to put it back on - it stretched the holes it tore it out of! It cant just be put back on and he refuses to give me the owners name and number to contact directly. I went and got a quote to repair it $393. - will be a lot easier if they agree to fix it - if not my insurance company said they would go after them - also told me the following for everyones info: A car wash had two clauses in its standard terms 1.) the company is not responsible for damages on items attached to the car body, like mirrors, trimmings, scratches unless the company acted gross negligently. 2.) consequential damages will not be reimbursed unless the company acted gross negligently. [continued below]....
..... The BGH ruled on November 2004 (re X ZR 133/03) that these stipulations are invalid because they violate 307 I BGB. They are invalid because they inadequately discriminate against the customer. Normally, you have to answer for the damages you cause. Generally, such provisions can be the small print in mass contracts. However, it is forbidden by law to sign you off liability in advance for gross negligence and purpose. If the injured person afterwards waives his or her compensation that is something else. The customer is not to be excessively disadvantaged. To sum it all up. if your car comes out of the car wash damaged, and the company has such invalid standard terms, they are liable so go after them! I've chosen to post this in every media outlet possible in hopes they will call me and agree to make it right - if not I'll keep posting and let my insurance company go after them .. expensive lesson for less than $400.

This report was posted on Ripoff Report on 08/07/2012 04:19 PM and is a permanent record located here: http://www.ripoffreport.com/r/Melissas-Car-Wash-Daytona-Beach-FL/Daytona-Beach-Florida-32114/Melissas-Car-Wash-Daytona-Beach-FL-Car-Wash-Tore-Brake-Assembly-off-Car-Owner-claim-923900. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
1Author 0Consumer 0Employee/Owner
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#1 Author of original report

Owner contact me - looking to resolve

AUTHOR: Christin Disler - (United States of America)

Owner contacted me this evening willing to work with us for resolution :-)
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