NSW Ascot Car Rental - Demand Refund Under Australian Consumer Law?

[rebecca2016]

I rented a car for $700.00 for 2 weeks. I also put down a $400.00 deposit, which was to be returned 7 business days after the return of the car (providing there was no damage).I returned the car on the 14th of March and I have not received my deposit back despite numerous calls and emails.

They have not disputed that I am entitled to my deposit, apologized and have said repeatedly the money will be returned to my account by the end of business the following day. They have said this 3 times and still the money has not been returned.

In the contract I signed, it says the deposit will be returned within 7 business days. I believe they have breached the contract and I am so angry. As they breached the contract, can I demand they return all my money, including my $700.00 under Australian Consumer Law?

Sincerely

 

[Sophea]

Hi rebecca2016,

Australian Consumer Law requires that care hire companies adhere to certain guarantees about their services, however this appears to be a blatant breach of contract. I am not sure you would be entitled to obtain a full refund for the full cost of the hire car as you did receive the hire car for the 2 weeks for this amount as contracted for. However, if you have suffered any consequential loss as a result of the company not paying back the deposit then you can claim for that.

I would write a letter of demand, stating that your contract stated refund of deposit within 7 days, there was no damage and this is not disputed by the hire company and therefore if the deposit is not refunded within 5 business days from the date of the letter then you will be taking the issue to the department of fair trading or instituting legal proceedings for the recovery of your deposit together with legal fees and interest.

This is a link to an info sheet on how the Australian Consumer law relates to Rental cars, https://www.accc.gov.au/system/files/Rental cars - an industry guide to the Australian Consumer Law.pdf

 

[Steve Flora]

Hi Rebecca

Since your question relates to trying to get your deposit back from Ascot Car Rentals, I thought I would say that I believe that they are a firm well-known for trying to make extra money by finding any means possible to not return deposits on rentals. I speak through personal experience as back in 1999 they tried the same thing with my wife and I.

We rented a car for a week. Returned it. And, to cut a long story short, because there was a scratch on the front bumper, they wouldn't return the $500.00 deposit. It took us two years and an appearance at the small claims court in Sydney before we got the deposit back. Turned out they could produce no record of any repairs having been made to the vehicle.

If you do a Google search on "Ascot Car Rentals" you will find a number of people with complaints against them ... specifically on TripAdvisor.

Regards.