Ottawa senior says he was denied a car rental because he was 'too old'

An Ottawa senior is warning his peers after he was declined a rental car for being too old.

It was last spring when then 76-year-old Huston Eubank was planning a road trip to visit his grandchildren in New York. He went online to Travelocity, putting down $287.28 to rent a car through Routes Car Rental on Leitrim Road.

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When he went to pick up the vehicle, he says he was turned away.

"I stepped up to the counter to pick up my car and they said, 'You're over 74, You can't have a car,'" he said.

What he missed was in the fine print of Routes Car Rentals' Rules and Restrictions page in Travelocity. In the "Merchant Rules" section, it notes an upper age limit of 74 years of age for local renters.

"I asked for my money back and they said, 'No, we won't refund you. It's your mistake.'"

Eubank was left scrambling to rent a last-second replacement car, which he found through Budget, though at an additional $631.65.

Losing almost $1,000 isn't a drop in the bucket for the pensioner – he has chased a refund for almost a year. Travelocity and Routes Car Rental have both denied multiple requests. He also tried with Consumer Protection Ontario but was told the total money lost was too low to meet the criteria for mediation.

After multiple inquiries to Routes Car Rental from CTV News Ottawa, the company contacted Eubank late Friday afternoon to begin the refund process for the initial booking of $287.28. In a phone call to CTV News, a representative claims that the upper age limit enforcement was the mistake of a newer employee. Because the rental agreement was never honoured with Eubank, they say the money he paid is still with Travelocity.

Travelocity did not respond to requests for comment.

Legal experts say, mistake or not, cases like Eubank's could open a company up to legal action on the grounds of discrimination.

"It's never been easier to make sure that your employees have all the information they need to make sure that you're not taking action which discriminates against your consumers," says Nelligan Law civil litigator John Constable.

Should the refund clear, Eubank will still be out the additional $631.65 he spent on the replacement car. He is urging others his age to exercise caution.

"The message is: consumers beware," he says. "As the population ages and if these policies are in place, we older people need to be even more careful."