Thread: Car Hire Company Duty of Care

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.

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Originally Posted by Tombie

Personal responsibility people - In this instance - Look Up!

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.

Originally Posted by rangie ute on 38''

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

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

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

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