Question
Ash decides to hire a car from Davis Car Rental Pty Ltd for those 3 weeks. She makes a booking via the Davis website, arranging
Ash decides to hire a car from Davis Car Rental Pty Ltd for those 3 weeks. She makes a booking via the Davis website, arranging to collect the car at 2 pm on 14 September and to return the car at 2 pm on 28 September. When she arrives at the Davis office at 2 pm on the 14th to collect the car, she is asked to pay a deposit of $500 and to sign a document that sets out the terms of the car hire arrangement. She pays the deposit and signs the document. She then waits 30 minutes for the car to be cleaned and made ready, before finally taking the car away at 2.30 pm. Ash returns the car to Davis at 2.30 pm on the 28th. She is informed by the Davis employee at the office that because she has returned the car 30 minutes late she has forfeited her deposit. Ash explains that because the car wasn't ready when she came to collect it she thought she could have an extra half an hour to return it. The employee refers Ash to the following term in the car hire contract:
1. Davis will make all reasonable efforts to ensure that the vehicle is available for collection by the customer by the agreed time. Davis will not be liable for any delay in making the vehicle available to the customer.
2. The customer must return the vehicle no later than the agreed time. Any failure whatsoever to comply with this requirement will result in forfeiture of the deposit.
Advise Ash
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