We have recently hired a car from Avis for 2 weeks in Austria. While we were there, there was a heavy hailstorm which left small marks/dent in the roof and bonnet. Avis state that, as the damage occurred while we had the car, we are responsible for the insurance excess (790 Euros). The Collision Damage Waiver/Theft Protection covers the balance.
The hailstorm was obviously an event over which we had no control or influence and it does not seem reasonable to be held liable for the damage caused by it. This has been put to Avis, but they still say that the excess is payable in accordance with their standard Terms and conditions.
Are they right? If not, what legal reasons are there to refute their claiming our excess?
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