Fraser Island 4x4 Rental Kept Bond

ballooba

I had a lovely trip to Fraser recently but got a nasty surprise today. I rang the hire company because I thought they'd forgot to return my bond. Turns out they're refusing to refund my bond ($2000) because they say that I broke the hire agreement even though they're not claiming there were any resulting damages.

It's a very strange situation but I don't know how the law works in Queensland so I'm going to have to be patient. I've lodged a dispute with my credit card company and also the Queensland Office of Fair Trading. These were two avenues open to me without having to fork out for a solicitor or any other costs. If I get no joy this way then I will have to go to Small Claims Tribunal and ($78) and see if I can get a refund there.

Just a word of warning to anybody going to Fraser to heed the warnings about bonds and stick to recommended hire companies.

hussey

Which part of the hire agreement did they claim you broke??

There is a lot of stuff you are not suppose to do with your car on fraser - like let out air of tyres, only go in areas you are allowed etc

but i would try to find out what they are claiming you didn't do, as it must be pretty damn serious if they are taking all your bond.

ballooba

I don't want to get into too much detail about an ongoing dispute but it relates to not going to a certain part of the island. It's a different area to those usually in the hire agreements and hence the confusion. I'd readily put my hands up and pay if I caused damages but they're taking the bond in entirety without claiming damages.

hussey

Yeah they state that you can lose your bond if you go into some areas
as cars can get into trouble in certain areas

but if I was you - I would try to make them PROVE you indeed go into that area

if I was you I would expect to lose some, but not all your bond (if you did go to that area)

also - did no one else put up bond??

ballooba

Two of us rented on our own. Bond was on my credit card.

I don't have a copy of rental agreement unfortunately. I'll be requesting a copy of this and also details of the alleged incursions and penalties. I'm wondering if it's legal for them to put penalties like these into a contract and apply them then unilaterally. Once I have a copy of the hire agreement I'll seek advice on this from my credit card company and also the office of fair trading. I always thought that a bond was there to absorb any potential damages rather than to be a penalty for infringement of the agreement.

This could be an expensive lesson in leases and contract law. They have the funds from my credit card anyway and as they say posession is nine tenths...

hussey

it could be worthwhile posting in the legal section.

good luck anyway

ballooba

Thanks.

Mahatma coat

if no damage was done to the car how do theyknow you went into an illegal area.

did you get one of those GPS Trackers? I bet ya did didnt ya, you should cross post this ti the CT Forum if thats how they got ya

are you sure they've TAKEN the money off yer card, when I worked for a car rental company we would put an Authorisation/block on someones card whichmeant that we could remove themoney ifthe person came back and the car was in bits, we had to be able to prove that they had damaged tha car tho, and it generally required an aditional signature.

your CC company can stop them money or remove it fromtheir acount and hold it if you request, course I would defo recomend gettin someone familiar with QLD law to look at this, my Solicitor is busy again for me, but I'll ask him if there is anyone he would recomend, you can PM mefor his details.

Diamondmaker

Deffo post this in the legal section.

I deal with and draft construction contracts daily.

Liquidated Damages occur if a project is not delivered on time and hene break terms of the contract. They must be fair and reasonable and only apply where there is actual loss. It is not a penalty function, but to compensate for actual loss as a result of not being able to occupy the building.

Now using the same principal if no damage occured, then you cannot be penalised. Maybe the small claim judge would see it this way???

Deffo an interesting one and I would go to the legal boyos forum for further advice. Keep us posted here.

Dont base your argument on denying you entered the forbidden zone as if they can prove it...........eye witness of a local most likely.....

good luck.

ballooba

I'm not sure if it's worth getting a solicitor for $2,000?

I'm slow to post this in the Legal Discussion forum for many reasons, including that it's an ongoing dispute and also that this is Australian law.

I'm hoping also that they may have breached card scheme rules in the way that they took the bond off my card. That could end the dispute swiftly hopefully.

Mahatma coat

not bothered about 2 Grand

for the solicitors costs of about $500

if it was 20p I'd still fight on principal.

as has been stated by a fair few people this thread should be in Legal discusions

Australian Law AFAIK is still mostly based on the Common Law principals which are mostly simmilar across most of the commonwealth countries, obviously there will be some regional variations (anyone who's ever been involved in PNG Litigation can attest to that) but for the most part someone versed in UK law would be able to point you in the right direction and advise you of the correct terms.

as it is an ongoing matter I would recomend gettin advice as soon as possible, and I'm sure that if this was in the legal issues therad there would be a few people who'd love to sink their teeth into the case out of curiosity, popular tourist location that Fraser Island

Zambia

Personally I think your sort of screwed here. As no doubt they have Trackers in these 4wd's. They probably have a contract that states if you go to Areas A,B,C that you break the agreement and lose your bond.

They see one of the blips on Island A,B,C and mark the vehicle number as no return of bond.

In light of the whole 4WD experience its sort of marred when they expect you to return it spotless , and impose conditions like you cant leave major roads.

If you do fight it I hope you win

ballooba

Zambia232 wrote: »

Personally I think your sort of screwed here. As no doubt they have Trackers in these 4wd's. They probably have a contract that states if you go to Areas A,B,C that you break the agreement and lose your bond.

The vehicle is only worth $5000 itself. They're definitely not tracked.

Mahatma coat

you sure,did it have GPS?

if thats not it then how do they know you breaced the RA?

you really need to take this to Legal discussion.

ballooba

I started a thread over there. Unfortunately I can't get into any more detail on the allegation.

Zambia

ballooba wrote: »

The vehicle is only worth $5000 itself. They're definitely not tracked.

Thats a pretty sh1t 4wd here

ballooba

Zambia232 wrote: »

Thats a pretty sh1t 4wd here

It was functional but not flash. That was the value quoted by the rental company btw, not my own estimate. Makes it all the more sickening.

jimmy456

Was this with one of the reputable companies?

Thats pretty discraceful. When i was there one of the 4x4's burnt out the clutch and missed their ferry back and they still got their full bond back!!!

Get in contact with a solicitor. You never know the treat of legal action might make them a bit more reasonable.

ballooba

It was not one of the established companies. As I said, I think $500 for a solicitor to try and recover $2000 is a bit much. I am prepared to sue them in the Small Claims Tribunal though.