VIC Hire Vehicle - Insurance excess in the contract

[TPM93]

Hi There,

Thank you for any replies on this matter. All help is much appreciated.

Essentially I was involved in a multivehicle crash in a hire vehicle for which the sum of damages to all of the vehicles significantly exceed the excess.

My query is - As I am under 24 years old on a full drivers licence. The excess requested from the hiring agency is now $2000. However in all discussions previously and clearly stated in the contract agreement with the hire agency is $1000. Please note that I have already settled with the hire company for the $1000. And as far as I can understand I have met every obligation of the contract.

Would anyone have any help as to how to proceed with the hire company? Am I liable for the additional $1000 excess or is the contract sufficient grounds to challenge the additional costs?

Again I appreciate everyone's help.

Kindest regards

 

[Rob Legat - SBPL]

It depends what your contract with them says.

 

[TPM93]

It depends what your contract with them says.

Hi Rob,

Thank you for your reply - I have the rental agreement with the terms and conditions linked: Dropbox - SKMBT_C45417072611240 (1).pdf

I look forwards to hearing your opinion!

 

[Rob Legat - SBPL]

That document is illegible.

 

[TPM93]

That document is illegible.

Here is a much better version. Dropbox - Rental Agreement Terms.docx

 

[Rob Legat - SBPL]

This isn't the whole agreement, but from what you've posted it appears the relevant parts are:

- Item 5, payment of the "Collision Damage/Loss Liability Charge" on page 1; and
- Item 6(k) - indemnification for loss, in case of failure in 'due and punctual performance'.

 

[TPM93]

This isn't the whole agreement, but from what you've posted it appears the relevant parts are:

- Item 5, payment of the "Collision Damage/Loss Liability Charge" on page 1; and
- Item 6(k) - indemnification for loss, in case of failure in 'due and punctual performance'.

Hi Rob,
I appreciate your response - so very much!

I have page 1 of the rental agreement - however, there is some personal detail on this like license no.s that I am not so comfortable posting on an open thread. What would be the most appropriate way to send this to you? Email?

Cheers,

 

[Rob Legat - SBPL]

No need, I think there's enough there. If the front doesn't say $2,000, go back to the hire company and ask them to justify the balance $1,000.

 

[TPM93]

Thanks, Rob!

The owner of the rental hire company has justified verbally the following.

1. On their website, they clearly state that the excess for someone under 25 years old has an excess of 2000. And that I made the enquiry through the website.
2. I should have made it clearly known that I was under 25 years old upon hiring the vehicle.
3. It would be immoral to not settle the additional 1000 as they are a family business and it was a simple human error of a family man.
4. And a number of character judgments about myself were made that were uncalled for.

In respect to the above justifications

1. Their terms and conditions are at the footer of the page in a hyper link - I used the enquiry form requiring me to certify that I was over 21. I was not engaged in any discussions regarding terms and conditions until picking up the vehicle - to which I was informed of a $1000 excess.
2. They have my birth date and license clearly stating my age. I in no way misrepresented my age at any point.
3. -
4. -

I look forwards to collecting your thoughts on the matter.

As they have my credit card details, what would occur in the event that it was charged prior to my consent for the additional excess?

 

[Rob Legat - SBPL]

If the terms and conditions were reasonably made available to you prior to entering into the contract (which it appears they might have been), then it could be argued that you were aware the excess should have been $2,000. That could land the incorrect amount in the realm of mistake, and the hirer may have grounds to claim the further $1,000 off you - particularly if they incur their cost from their insurer, as the contract requires you to indemnify the hirer for loss. This would need detailed consideration under Victorian contract laws.

If they have a right to apply charges to your credit card, which I would suspect is in there somewhere, then they may do so. You could try to dispute it through your card provider.