By From writings of Harav Chaim Kohn shlita | |||
#327 |
Ki Savo |
21.09.2016 |
N/A |
Q: I rented a car for the weekend, but was unable to return it on time due to a blizzard. Do I have to pay for the extra day?
A: This depends on the terms of the rental contract. In an informal rental, without an explicit clause, if the price was linked solely to time, the renter is liable for the extra day. The rental agreement was for the time he had the car, so that the reason for the delay is irrelevant and there is no claim of oness (circumstances beyond one’s control).
However, if the car was rented for a stated purpose and the price was fixed accordingly, if the oness was related to that purpose and the renter was not expected to know of the potential problem, he is not liable for the extra day. Thus, if the car was rented to drive to a certain place and unexpected weather there prevented returning on time, he is exempt from additional payment (C.M. 310:3; Pischei Choshen, Sechirus 2:22-25).