Car Hire Company Duty of Care

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Originally Posted by DiscoMick should have said

I'm no legal expert, but I doubt if your friend has a leg to stand on. Those agreements are usually written to appear watertight because the companies have paid to make sure all possible liability is notionally shifted to the customer.

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Rule #142 of contract law - just because it is written on the contract, does not mean it is enforceable, even if you have signed the document.

Trouble is, having the other party yield usually needs special lawyering joo-joo magic, which is expensive... :mad:

I hied an eight-seater van recently for a school camp and luckily looked at the roof to discover extensive scraping, not visible from ground level, probably because someone had gone into a parking station that was too low. The damage was NOT noted on the hire diagram, so I made a point of noting and describingit in great detail, and then telling the guy at the desk all about it, so I couldn't get blamed for it. My employer probably would have paid for me, but I didn't want that to happen. You gotta be ultra fussy about this stuff.

Sent from my GT-P5210 using AULRO mobile app

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Originally Posted by Tombie

Personal responsibility people - In this instance - Look Up!

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Normally I'd be 100% on that band wagon Tombie.... too many people do not take responsibility for their own actions.

But I have to say, having flown out of Brisbane not much more than an hour before the storm.... beautiful blue skys.... no hint of a storm.

I hired a car in the US in the middle of a severe snow storm. They didn't tell me I was also heading into severe tornados. At no point did I think they should have.

All I can say is What a joke this world has become

Is it fair to assume that the hire company was aware of the approaching storm?

Can you prove that they were, and therefor negligent in not advising the person hiring the vehicle?

I would guess that a hire car company has no need to be aware of the current weather conditions, unlike an airline, for instance.

I would speak to a lawyer, but find one that will do the first consult free, as, in my opinion, they do not have any duty of care to ensure you are aware of the current weather.

It could also be argued that the vehicle was fitted with a radio, and the hirer could have tuned in and received the current, and forecast weather conditions.

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Originally Posted by rangie ute on 38''

All I can say is What a joke this world has become

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Normally I would agree with this sentiment & Tombies post, as I hate the "Someone elses fault" thing but, this was a grandmother who hadn't driven in Brissie since the '70s & who had asked directions from the hire car desk, so the person at the desk was fully aware of the direction of travel. I agree that they may not have been aware of the storm but to take $3000 from a card without permission (I know, read the small print) seems pretty ****ty to me. Why hasn't the renter got the choice of getting an independant quote for repairs against the hire company quote which would be pretty well pre-ordained.
Steve

Did the contract specifically specify that the $3000 would be taken out of the allocated card or did it just say you would have to pay the first $3000??

If the latter then taken the money from the card would be considered to be an unauthorised transaction and should be reported to the bank. However if the contract does say the money will be taken from the credit card then there is not much that can be done.

Unfortunately the car rental industry is one that will try to fleece you if they can.

Garry

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Originally Posted by garrycol

Did the contract specifically specify that the $3000 would be taken out of the allocated card or did it just say you would have to pay the first $3000??

If the latter then taken the money from the card would be considered to be an unauthorised transaction and should be reported to the bank. However if the contract does say the money will be taken from the credit card then there is not much that can be done.

Unfortunately the car rental industry is one that will try to fleece you if they can.

Garry

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Garry
The $3000 was an estimate by the people at the vehicle return centre:confused:
The excess was $7000 on an Hyundai!!!!!!!!!!!!

Thinking about it Saitch, is she exposed to that sized bill because that is the excess no matter what..... or did she choose not to pay their additional insurance option.... because that is relevant too.

Personally I'd still take legal advice, not because I think they have a bullet proof case.... more because it is a lot of coin and personally I would want to be SURE I had to pay it before simply handing over the $$ ( Note I am saying take legal advice... not engage a lawyer to fight it necessarily)

While I think their is a very strong likelihood the company did know about the storm, and there is a potential argument as to whether they should share blame or not. If she actively decided not to pay their additional Insurance option....that probably wont help her case, I'd think.