Camper/Trailer hiring
Submitted: Thursday, Nov 25, 2004 at 17:33
ThreadID:
18086
Views:
2686
Replies:
6
FollowUps:
8
This Thread has been Archived
Richard & Leonie
Has anyone hired an offroad camper/trailer and then had difficulty getting their deposit back because of allegations by the hirer that the trailer was returned damaged?
Reply By: Gajm (VIC) - Thursday, Nov 25, 2004 at 18:21
Thursday, Nov 25, 2004 at 18:21
Are you asking because it has happened to you? or because you are worried about hiring one? I have hired a couple and the whole deposit thing made for a stressfull time away, because some state they will keep your deposit if the CT isn't clean, and the deposits are quite often huge. So we made sure we hired it for a day or so longer than needed and gave it a good clean before returning. The CT people actualy said they got it back in better condition than they hired it out.
But it's one reason we bought our own, then we could relax a bit more. If it boiled down to your word against theirs I don't think you would have a leg to stand on as the contracts they make you
sign usualy favour their discrection. if it's in relation to future hiring, ask about the company by name on here and see what comments you get
best of luck
AnswerID:
85911
Follow Up By: Richard & Leonie - Thursday, Nov 25, 2004 at 19:59
Thursday, Nov 25, 2004 at 19:59
Thanks for your reply. Yes we are in dispute with a company but for legal reasons I do not want to name them. They claimed we did some damage to the flooring in the trailer. For various reasons I know we did not damage the floor. Our deposit was $500 and they claim it will cost $1100 to fix. ie replace some vinyl flooring with a cut in it. It means part of the tent has to be removed from the hard floor area to gain access to remove and replace the vinyl. By asking the question on the
forum I wanted to see if other people had a problem and then I could canvas them to see if it with this same company. Other things said to us by the company representative makes me question the validity of their claim.
I understand how you felt about the contract and your liability. I was the same and I felt uncomfortable for the two weeks we had it out. We want to buy a camper/trailer and before making such a large investment we wanted to make sure it was the direction we wanted to go. We even past up great
camping spots in the bush because of concerns with damage, albeit if the trailer was damaged it would have proved it not to be able to do what it was supposed to be able to do. We were considering hiring another make of camper/trailer from another company but this experience has left a really bad taste in the mouth. To get my deposit back my only recourse is to take legal action and we know who wins in those cases when small amounts are involved.
FollowupID:
344510
Reply By: GOB & denny vic member - Thursday, Nov 25, 2004 at 21:01
Thursday, Nov 25, 2004 at 21:01
to late now but hiring stuff at work we always take photos if there is any doubt about condition when picking up unit
steve
AnswerID:
85931
Follow Up By: Richard & Leonie - Thursday, Nov 25, 2004 at 21:44
Thursday, Nov 25, 2004 at 21:44
Yes in hind sight but as we all know. I did not see the damage at anytime dduring the hire and when we cleaned the trailer before taking it back I did not see the damage and if it was evident I would have seen it when I was on my hands and knees cleaning (althought it was already clean) and drying the floor before we closed it up.
FollowupID:
344519
Reply By: chrispy - Thursday, Nov 25, 2004 at 21:03
Thursday, Nov 25, 2004 at 21:03
Did the contract include (specifically) a clause stating the term "fair (or expected) wear and tear" anywhere? A cut in a floor may be due to accidentally dropping a kitchen knife. If they are claiming anything other than FW&T over a cut in the floor, I'd be talking to the ACCC to see what, in their mind, constitutes the basis of the hirers' claim.
AnswerID:
85932
Follow Up By: Richard & Leonie - Thursday, Nov 25, 2004 at 21:46
Thursday, Nov 25, 2004 at 21:46
No such clauses but it does say the $500 bond is the limit of my liability for any damage.
FollowupID:
344521
Follow Up By: canpin - Thursday, Nov 25, 2004 at 22:37
Thursday, Nov 25, 2004 at 22:37
I agree, legally they must accept fair wear and tear. We have hired campers three times with 2 companies , one trip was 10,000km to
Yulara and back. As you can expect with that trip it copped its share of wear. In all cases we had no problems, we did clean them prior to return. I would be getting a solicitor to drop them a little note.
Good Luck
Craig
FollowupID:
344538
Reply By: Member - Sand Man (SA) - Friday, Nov 26, 2004 at 00:38
Friday, Nov 26, 2004 at 00:38
Mate,
To end the dispute, accept their judgment without accepting responsibility and offer to pay the $500 bond, but also advise the company that you will be posting their business name on ExplorOz with your recommendation that the Company be avoided like the plague, due to their unreasonable practise.
That is not slander. See what their response is then.
AnswerID:
85959
Follow Up By: Richard & Leonie - Friday, Nov 26, 2004 at 17:40
Friday, Nov 26, 2004 at 17:40
It would be nice to do that but I think it borders on "slander". I am still considering my options.
FollowupID:
344647
Reply By: flappan - Friday, Nov 26, 2004 at 09:06
Friday, Nov 26, 2004 at 09:06
You take it to these sort of
places.
http://www.justice.qld.gov.au/courts/factsht/factsheet1.htm#1
Small Claims Tribunial.
Each state has their own.
If you are absolutely certain , that YOU did not incur the damage . . . take them here (little or no costs , you'll need to check).
AnswerID:
85983
Follow Up By: beatit - Friday, Nov 26, 2004 at 17:08
Friday, Nov 26, 2004 at 17:08
Hi Flappan,
Been there done that (not for a hire problem but a broken "new" trailer after a trip). Got to tell you it is tough going and you need some good evidence to succeed. Reckon I was 100% right but only got 50% but hey, it was better than zero and I made the trailer man's life a misery so it was worth that much.
Kind regards
FollowupID:
344639
Follow Up By: Richard & Leonie - Friday, Nov 26, 2004 at 17:47
Friday, Nov 26, 2004 at 17:47
After spending 20 years with Fair Trading in NSW I am confident of their ability to settle the matter by mediation but the amount of time involved is enormous. Perhaps I should do it just to waste the traders time because
mine costs nothing. At this stage it is my word (and SHMBO) against his that the damaged was not caused by us. A 50/50 result would be the most likely outcome. By the way I have not yet been given the opportunity to inspect the damage. His 7 days to return my deposit expires next Sunday after which time I will have to decise what to do.
FollowupID:
344648
Reply By: Member - Sparkie (QLD) - Friday, Nov 26, 2004 at 09:28
Friday, Nov 26, 2004 at 09:28
My brother hired a camper trailer and by the time he got to where he was going the tailgate had snapped of at one hinge and he couldn't open it for love or money.
Just as
well the floor under the bed was removeable or he would not get to his equipment. Luckily they had cooking facilities there or he would have starved to death.
Also the cover over the whole thing tore the stitching and it bellowed up like baloon whenever he went at a decent speed. he had some thousand mile an hour tape so he managed to seal it but it left him very dissapointed in the whole camper trailer thing
Anyway the company just said it wasn't his fault and left it that.
It ruined his trip but luckily he was
camping solo so he did not ruin the holiday for anyone else. Now we know better than to hire a camper trailer from this mob.
Sparkie(IE not Y) ;-)
AnswerID:
85986
Follow Up By: Member - Sparkie (QLD) - Friday, Nov 26, 2004 at 09:31
Friday, Nov 26, 2004 at 09:31
sorry just to clarify.
Just as
well the floor under the bed was removeable or he would not get to his equipment. Luckily they had cooking facilities there or he would have starved to death.
There was a fire ban on, so no open fires of any sort!!!!!
Sparkie(IE not Y) ;-)
FollowupID:
344580