Spanish Ministry Fines Avis €1 Million Over Unfair Traffic Fine Fees

• The Spanish Ministry of Social Rights, Consumer Affairs and Agenda 2030 has fined rental company Avis €1 million for charging customers illegal "administrative fees" when processing traffic tickets.
• The ministry ruled that charging €33.88 to €45 per fine is abusive, as identifying the driver is a legal obligation of the vehicle owner, not an extra service.
• The fine amount was escalated due to recidivism, as the company continued this practice despite a 2020 court ruling declaring it illegal.

Background on the Ruling

• The Ministry determined the charges violate the General Law for the Defense of Consumers and Users.
• Under the Law on Traffic, Motor Vehicles and Road Safety, vehicle owners are required to provide driver identification to authorities, which the ministry considers a baseline responsibility that cannot be shifted to consumers as a paid service.
• The penalty considers the fee "disproportionate" and notes that it creates an unfair imbalance in the rental contract.

Legal Precedent and Enforcement

• In September 2020, the Court of First Instance No. 1 of Vitoria-Gasteiz ruled these specific contract clauses null and void, ordering Avis to stop using them.
• The current administrative fine was prompted by a complaint from the Basque Consumer and User Association (EKA/ACUV).
• While the administrative path is exhausted, Avis reserves the right to appeal the sanction in court.

Corporate Stance

• Avis maintains that these fees are necessary to cover administrative costs associated with processing fines.
• The company notes that customers can avoid the charge by paying traffic fines directly before Avis receives official notification.