On a peer-to-peer platform you often rent the car from a private owner, while the platform handles booking, payment and usually insurance.
- If the owner is not a trader, EU consumer protection law does not apply to that contract, and online marketplaces have to tell you this before you book.
- A damage dispute usually runs through the platform's own claims process, under its terms and the insurance it arranges.
- Photograph the car carefully, keep everything inside the app, and read who your contract is with before you pay.
Car sharing apps let you rent a neighbour's hatchback for an afternoon or a local's estate car for a week abroad. They are often cheaper and more flexible than a rental desk. But when the owner reports a scratch after your trip, the first question is a simple one with a complicated answer: who did you actually make a contract with? On a peer-to-peer platform, your contract may be with a private person, and then EU consumer protection law does not apply to it. Here is what that means in practice.
Three types of car sharing
Not every app works the same way. Roughly, you will meet three models:
| Model | Who owns the car | Who is your counterparty |
|---|---|---|
| Fleet car sharing | The platform | The platform, as a business |
| Marketplace with business hosts | A rental business or professional host | Usually that business |
| Peer-to-peer marketplace | A private individual | The private owner, with the platform as intermediary |
In the first two models, the counterparty is a trader, and consumer law applies more or less as it does with a traditional rental company. In the third, it may not.
What EU law says about marketplaces
Since the Omnibus Directive, Directive (EU) 2019/2161, online marketplaces have to tell you, before you are bound by a contract, whether the party offering the service is a trader or not. If it is not a trader, the marketplace also has to tell you that the consumer rights stemming from EU consumer protection law do not apply to that contract.
This matters, because rules you might rely on with a rental company, such as those on unfair contract terms, are consumer rules. With a private owner, your position is governed by general contract law and, above all, the platform's terms.
Insurance on a car sharing platform
Peer-to-peer platforms often arrange their own insurance for the rental period, separate from the owner's car insurance. Like the cover at a rental desk, it can come with an excess, and you may be offered extra cover to lower it. Before you book, read:
- what the excess is, and whether you can reduce it;
- what is excluded, such as tyres, glass, the underbody or the interior;
- what happens with fuel, cleaning, late return and fines;
- whether your own excess insurance or credit card cover accepts peer-to-peer rentals at all.
Our guide to CDW, excess and super cover explains the terms, and the excess calculator helps you compare the options.
How a damage dispute usually runs
On many platforms, a damage claim does not come straight from the owner. The owner reports it in the app, the platform's claims team reviews the photos, and the platform charges your card or asks you to pay. That makes the platform's terms and its photo rules central to your case.
Photograph more than you think
There is often no staff member and no condition report. Your photos in the app are the condition report. Take them at the start and at the end, from every side, plus the wheels, windscreen, interior and dashboard. Our pick-up checklist and evidence mode help you cover every angle.
Report existing damage before you drive
Upload photos of every mark you find before you start the trip, inside the app, so they carry the platform's timestamp. Messages sent outside the app are harder to prove later.
Ask for the evidence
If a claim arrives, ask for the owner's photos from before and after your trip, the date the damage was reported, and an itemised repair cost. Konsumentverket, the Swedish consumer agency, notes that you can ask a rental company for evidence such as photos, records and repair receipts. The same questions make sense on a platform.
Object in writing, inside the platform
Use the platform's dispute or appeal process and keep a copy of everything. State what you dispute and why, and attach your own photos. Our step-by-step guide to disputing a claim works here too.
Where to turn if the platform does not help
If the platform itself is a business and the issue is about how it handled your booking or claim, you can complain to it as a trader. For cross-border cases within the EU, Iceland and Norway, read which European Consumer Centre to contact. If you paid by card, our article on damage charged to your credit card explains when a chargeback is worth asking about.
A short example
You rent a private owner's car through an app for a weekend in Lisbon. The listing says ‘private host’. You upload 20 photos at pick-up, including a scuff on the rear bumper. Three days after the return, the owner reports a scratch on the same bumper. You send the platform your timestamped photo of the scuff and ask for the owner's own pick-up photos. The platform compares both sets and asks the owner for more detail before it decides.
Frequently asked questions
Is a car sharing platform the same as a rental company?
Not necessarily. Some platforms rent out their own fleet and act as the rental company. Others are online marketplaces that connect you with private owners or with businesses. The booking page should tell you whether the party offering the car is a trader.
Can I complain to a European Consumer Centre about a private car owner?
European Consumer Centres help with disputes between consumers and traders. If your contract was with a private person, an ECC may not be able to take up the case against that owner. A complaint about the platform itself, as a business, can be a different matter, so it can still be worth asking.
Who decides whether I caused the damage?
Usually the platform's claims team first, based on the photos from both sides and its terms. If you disagree, ask for the evidence and the cost breakdown, and object in writing within the deadline the platform sets.