Question
Rupali arrives in Perth airport on a Monday morning for a three-day break (holiday) from her job. She has already pre-booked a car with a
Rupali arrives in Perth airport on a Monday morning for a three-day break (holiday) from her job. She has already pre-booked a car with a hire-car company, to collect at the airport at 11am on Monday and return at 11am on Wednesday. She arrives at the airport on time (11am Monday). She pays a $350 deposit and signs a contract setting out the terms and conditions of the car hire arrangement. The car needs to be cleaned and deisnfected due to COVID plan. Rupali has to wait for two hours until she can take the car and drive away. Rupali returns the car to the airport office of the hire-car company at 11.30am on Wednesday. The employee indicates Rupali has forfeited her deposit as the car is returned 30 minutes late and refers her to the following terms in the car hire contract: "The company will make all reasonable efforts to ensure that the vehicle is available for collection by the customer by the agreed time. The company will not be liable for any delay in making the vehicle available to the customer. The customer must return the vehicle by no later than the agreed time. Any failure whatsoever to comply with this requirement will result in forfeiture of the deposit." Using the relevant sections of the Competition and Consumer Act 2010 (Cth) and case law, advise Rupali of her rights under the Act and her chances of success. Important: Your answer must use the IRAC structure and refer to the relevant legislation and case law in a detailed explanation using IRAC METHOD.
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