The flight arrived late, the kids are swinging on your arms, the warm body
odour of the person behind is wafting into your personal space and the car
rental guy hands you a 24-page 10,900-word hire agreement (thanks for that
Hertz) and asks you to sign.
Are you going to read it first?
Car rental agreements and the Australian Consumer Law
That car hire agreement is governed by the laws about unfair contract terms
that provide you with a range of protections under Australian Consumer Law
(ACL). For example, the person at the counter shouldn't give you the idea
that you've got more cover or less liability than you really have and then
rely on you reading the fine print to find the exceptions.
This goes for car rental company websites too. In an Australian Competition and Consumer
Commission (ACCC) investigation they found Europcar stated on their website
that liability for damage would be no more than $3650, but the fine print of
the rental agreement contained exceptions for overhead, underbody and water
damage. For that doozy, among others such as holding consumers liable for
damage regardless of whether they were at fault, Europcar copped a $100,000
fine from the Federal Court.
The legal action was taken against Europcar by the ACCC amid a wider review
of the industry. Hertz also agreed to refund customers a reported $395,000
after charging for pre-existing damage to hire cars and not passing on
discounts they received for repairs.
So no worries then, the ACL has you covered, right? Judging by the stories
we've heard from some of our readers, Hertz and Europcar may have committed
to cleaning up their act but other car rental companies still aren't too
familiar with their obligations under the ACL.
To stay out of trouble we suggest familiarising yourself with rental
company practices before you sign that contract and ask the customer
service representative if there's any catches they haven't mentioned.
The hidden catches
Some of the catches regularly hidden in the fine print of the contract are:
Single Vehicle Accident fees
If you're in an accident where there's no other vehicle involved, you'll
pay extra on top of the standard liability. But the Thrifty rental
agreement also contains this provision: "...or if involved with another
vehicle, the other vehicle or it's driver has not been identified to
Thrifty, or at the time of incident the Thrifty vehicle was driving in
reverse and other motor vehicle was station[a]ry."
Glass and tyres
Regularly excluded from the standard liability, you could be up for an
extra fee or have no cover at all for damage to wheels, tyres, windscreen
and other windows.
Underbody and overhead damage
You may find yourself fully liable for damage to the underbody or top of
Some contracts may charge an extra fee or not cover you for an accident
involving an animal. The Hertz contract, for example, won't cover you if
you hit an animal or have an accident while avoiding hitting an animal at
night time in an area they define as rural.
Damage from flood, fire, storm, cyclone or other natural disasters may also
incur extra costs on top of the standard liability.
To familiarise yourself with all the hidden fees, see car hire excess and hidden fees.
Fees, taxes, duties, levies, charges and fees again
Rental car companies love fees, especially hidden fees, but they can't
state a price that is only part of the cost of hire unless they also
display the total price at least as prominently.
For example, they can't state that the car hire costs $40 a day but then
stick an unavoidable cost on top, like $10 for administration fees or
taxes, unless they also advertise the minimum total amount of $50 just as
prominently as they advertised the $40 before the fees.
In other words, if you see two prices advertised for a hire car then you
can presume the higher price is the real one. And if you don't see another
price advertised but they spring some extra compulsory costs on you, you
should mention they're in breach of the ACL.
Note that this doesn't include other costs such as parking fees and toll
fees or optional extras that you may choose to pay, like adding a
GPS system or that doozy that rental car companies really love,
Excess reduction or collision damage waiver
Also referred to as loss damage waiver or one of the many acronyms invented in
car hire contracts, this extra cost can seriously jack up the price of your
It's not actually insurance cover but a fee paid to the car rental company
to release you from liability for damage, subject to the terms of the
rental agreement, and it often excludes damage for the catches mentioned
The double insurance trick
Domestic travel insurance or excess reduction insurance can be a far
cheaper alternative to forking out for the car rental company's excess
reduction. You take out a policy with an external insurance company and if
there's loss or damage to the vehicle then you pay the excess to the car
rental company and claim reimbursement from the insurance company.
It does require you to have the basic insurance offered by the car rental
company, which is usually included in the car hire, but check with the
insurer because this can be a grey area.
To find the cheapest excess reduction insurance read
car hire excess and hidden fees.
Top tips for renting a car
Before the hire
- Read the contract terms and conditions before you select a rental
- Inspect your vehicle carefully in the presence of a sales assistant
before taking possession of your car. Make sure all pre-existing damage, no
matter how minor, is documented.
- Photograph the vehicle at the beginning and end of hire. Try to
time-stamp the photos and, if possible, get the sales assistant in the
- Ask for information about what to do in the event of a breakdown or
- Find out whether you need to bring the vehicle back with a full tank and
what is the charge per litre if you don't.
During the hire
- As you drive out of the car hire depot the first thing to check for,
apart from a running motor, is the nearest petrol station so you can fill
up on return without incurring the exorbitant fuel charges.
- If the vehicle breaks down during the rental or you have an accident,
follow the company's procedures. Don't have it repaired without approval.
After the hire
investigation of Avis and Hertz, we found fuel mark-ups approaching 300%. Fill up the vehicle as close
to the drop-off point as possible and keep your receipt to avoid a refuelling
- While you're filling up, hose down your vehicle before returning it so
that any potential damage is visible.
- To avoid having to pay for someone else's misdeeds, aim to return your
car during opening hours.
- Get a company representative to inspect the vehicle in your presence
immediately upon return.
- If there is no damage, the ACCC suggests you ask for a written statement
noting that the car was returned undamaged.
Work out any disputes over damages on the spot.
If you have a complaint, contact your
local fair trading or consumer affairs office
for advice or if it was an overseas hire check the advice from our
sister organisations and consumer bodies.
Car hire alternatives
If you're hiring cars frequently in one area then car share schemes such as
GoGet can be a viable option. Check out our comparison: car share schemes vs car hire.
Or if you're at the other end of the scale and need the convenience of a
car but won't be using it too much, UberX could be an alternative. Check
our trial of
UberX versus taxis.