Driver's $200 fuel cost exposes Aussie car hire company: 'Said it was our fault'
Welcome to legal column where lawyers Alison and Jillian Barrett from Maurice Blackburn tackle problems everyday Aussies face — whether it be consumer, property, money matters impacting relationships or work. This week, a holidaymaker feels ripped off by a car hire service.
Question
I booked a hire car through a third-party website for a recent trip and specifically booked a hybrid as we'd be covering a lot of kilometres. The booking said it would be a Toyota Corolla hybrid "or similar". The car hire place was a bit chaotic and they just handed us the keys and told us to find it in the car park. It wasn't until we had driven away that I realised it wasn't a hybrid. We spent over $200 on fuel and when I took the car back the manager was really rude and said there was nothing they could do and it was our fault for not noticing sooner. Is there anything I can do to claim some money back?
Answer
Booking a hire car can sometimes lead to unexpected issues and frustration, especially when the vehicle provided does not match the description promised at the time of booking.
When you hire a car, you enter into a contract with the car hire company.
This contract is based on the terms and conditions outlined on the website at the time of booking.RELATED
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Further, under the Australian Consumer Law, consumers are entitled to certain guarantees when they purchase goods and services. These guarantees include that the goods will match the description provided at the time of booking.
If the booking confirmation stated that you would receive a Toyota Corolla hybrid "or similar', the car hire company is obligated to provide a car that meets this description. If they fail to do so, they may be in breach of contract or the Australian Consumer Law.
Review the booking confirmation: Carefully check your booking confirmation and any terms and conditions (likely emailed to you) provided by the third-party website. You should specifically look for any clauses related to vehicle type and substitutions.
Gather evidence: Collect all relevant documentation, including the booking confirmation, receipts for fuel expenses, notes of conversations and any correspondence with the car hire company. This evidence will be crucial if you need to pursue a legal remedy.
Contact the car hire company: Write a formal complaint to the car hire company using their internal dispute resolution service, outlining the issue and requesting reimbursement for the additional fuel costs. Be sure to reference the contract and include all evidence.
Escalate the complaint: If you can't resolve it with the car hire company, escalate the complaint to the third-party website through which you made the booking. They may have a dispute resolution process you can use.
If your dispute remains unresolved there are more formal avenues you can pursue.
The Australian Car Rental Conciliation Service provides a free mechanism for resolving disputes between disgruntled customers and certain car rental companies that have agreed to abide by the Car Rental Code.
Additionally, you can report the issue to the Australian Competition and Consumer Commission, which oversees consumer protection. They may investigate the complaint, however won't assist in resolving the dispute or requiring a refund or compensation be paid to you.
Finally, each state and territory has their own Civil and Administrative Tribunal which will allow you to lodge a claim against the car rental company to claim your money back. There is often a small fee to lodge a claim, so you'll need to consider the cost of that compared to your actual loss to ensure it is financially worthwhile lodging a claim.
This legal information is general in nature and should not be regarded as specific legal advice. If you need legal advice, you should consult a solicitor.
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