Are FlexClub and AVIS conspiring to retain deposits on subscriptions?

I entered into a contract with FlexClub for a subscription car on 3 September 2024 and was made to pay a deposit of R6175.00. I paid this deposit, plus the first month's subscription of R8419.50 on the 3rd September. It clearly stated on the document that the deposit was refundable. Reservation Code: ***7ZA4.

I collected the car on 6.9.24 and the subscription was supposed to be for 4 months. I terminated after 3 months, as I relocated to Port Elizabeth and was told that I'd have to start an entire new subscription at my new address, but that this was not a problem. I would have to wait for the deposit to be refunded, but in the interim should pay ANOTHER deposit of R6175 and enter into a NEW subscription agreement, which made no sense, as they were already holding my deposit.

What made this contractual agreement difficult is that FlexClub has a direct agreement to bring in customers (obviously gets a "cut" for the drumming up of customers for long-term rentals) and hence pockets a portion of the subscription fee.

They broker the deal, but never do you meet a "FlexClub" employee - all the rental details, generating the contract and actually paying the monthly "subscription" is done via AVIS.

I rented from September till the 8th of December 2024. The initial contract started 6.9.24 and I paid two subscriptions - one on 6th of October 2024, and another on 8th of November, 2024.

The Deal ID: *** for reference: ***7ZA4 was finalized on 6.9.24. I paid R8,420.00 on 6.9.24 and was due to pay a top up on 6.10.24 of R8,420.00, but downgraded the vehicle to a smaller car on which the subscription was R5,612.00 on 6.10.24 and again paid R5,611.77 on 8.11.24.

Once I reached Port Elizabeth, I had to return the vehicle to CT which would have been too expensive and agreed that I would have them deduct R1500 from my deposit and return the rest, leaving R4675.00 to be refunded within 15 - 20 business days of the conclusion of the subscription which was confirmed in writing by FlexClub on the 18.12.24.

Today is 14.1.25 - 24 business days after the subscription ended. I was fully paid up on the subscription, returned the car full of fuel, and there was no damage to the vehicle. I had made an arrangement with AVIS to return the car late afternoon 8.12.24, as there were 3 full-day power failures in Summerstrand where I live (unable to get garage door open as battery ran flat and the hand-release was broken).

I have raised the matter of my deposit with both AVIS and FlexClub numerous times. FlexClub keeps on writing back telling me they have 'escalated' the matter with AVIS 'via their emergency channel' - this has been going on since the Subscription ended (I have all WA and email correspondence on hand). AVIS is turning a deaf ear and though I entered into the contract with FlexClub, I signed it with AVIS, so strictly speaking AVIS is the responsible entity to refund me.

I feel I have been polite, courteous, timely in settling all financial requests, and have been extremely patient and communicative regarding the subscription ending and the return of the vehicle. On the other hand, FlexClub, the broker, has been paid and I am still out of pocket. AVIS has been extremely non-committal and hasn't been answering my WA messages. When I called today, I was told they have an unusually high call volume and to contact their Customer Service. When I wrote to their Customer Service, they don't answer and / or refer me to the call the line, which they don't answer.

FlexClub are basically washing their hands and saying that the "partnership" between AVIS and themselves ends when they are paid and they can do NOTHING about clawing back my deposit. They also state that they have done their part to keep alerting AVIS and the minilease manager via Emergency WA group.... Still nothing happens.

Can you please assist me in getting the R4675.00 released as I would like to fly to Jhb to see my elderly brother (88) who is ill and don't have the means to do so since I am still waiting for this refund.

Grateful thanks

Carin S Smit 5 Grosvenor Villas 3rd Avenue Summerstrand Port ELizabeth, 6001 Eastern Cape South Africa Mob. *** image.png image.png image.png image.png image.png image.png image.png

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