Ash’s car is damaged in a minor accident and her mechanic informs her that it will take 3 weeks to..

Ash’s car is damaged in a minor accident and her mechanic
informs her that it will take 3 weeks to repair the damage. 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 14 September 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. The Davis
employee at the office informs her 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:

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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 by 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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