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Consumer protection for car rental--多伦多Report代写范文

2016-10-11 来源: 51Due教员组 类别: Report范文

多伦多论文代写范文:“Consumer protection for car rental”,这篇论文主要描述的是消费者有权利保护自己的权益不被一些不公平的合同所侵害,本文以一件发生在澳大利亚的租车事件为例,讲述了凯文在租车的过程中汽车发生了损坏,但是汽车还是处于安全的状态,能够保证凯文顺利的完成接下来的行程,因雷琳未及时的更新合同中的协议,导致凯文还需要支付汽车所有的维修费用,这种不公平的租车协议损害了消费者的合法权益。

report代写,Car rental agreement,留学生作业代写,Case analysis,论文代写

Consumer has rights to protect their consuming benefit if there is an unfair contract, treating or misleading during the business according to the business and law in Australia. Although the damage to the car happened, it was still safe and able to continue Kevin’s journey to Canberra. Kevin returned the car and showed the damage to Raylene after he finished the journey. Raylene informed Kevin that he has to pay entire repair cost because Raylene forgot to update their agreement last month. As an Australian consumer, Kevin has rights to protect his benefit and avoids having to pay the $5,470.00 because of the unfair contract and the supplier’s negligence. And Raylene has obligation to offer an fair and available contract to Kevin, and should be responsible for the repair cost which Kevin caused. It is necessary to make sure that the car rental agreement complying with the national unfair contract terms laws, which  protect consumers rights, and is very strict to the suppliers. And these laws are part of the Australian Competition & Consumer Commission[1].

The car rental agreement is not fair for Kevin. First of all, as it is stated in the consumer law[2],it is seller's obligation to think of consumer rights when they prepare their contracts according to the business and law in Australia. However, the agreement Raylene prepared for Kevin was old version, which is without any terms for the insurance covering and should not be used before the month Kevin rent the car. The agreement is not sufficient to protect Kevin’s right, and the supplier got the chance to charge the repair cost from Kevin. The unfair agreement caused a important imbalance in their rights and obligations. Secondly, the terms of the agreement are not transparent enough. According to the business and law, a term is considered to be transparent should be expressed in reasonably plain language. The terms in the agreement was not mentioned any about what the insurance covers. Seller has obligation to take account of the consumer rights, but Raylene did not remind Kevin to check the terms about the insurance when signed the agreement and told Kevin about the insurance orally. Thirdly, the agreement they signed is not reasonably necessary to protect their rights and obligation. The terms does not cover any detail s about the insurance Kevin asked about. As one of the significant terms in the agreement, insurance should be stated in detail. The agreement is not sufficient enough to protect consumer rights. Finally, the unfair agreement cause monetary lost to the consumer. The supplier told Kevin that he only has to pay $200 extra if there is damage to the car. But after returned the car, the supplier called and charge $5,470.00 extra repair cost. The unfair agreement caused possible monetary lost to Kevin. Therefore, the consumer law could help consumer to protect their rights against unfair agreements, which is available to Kevin while it is strict to the supplier. Kevin has the rights to protect his benefit and does not need to pay the entire repair cost.

Moreover, the terms are not readily available to the consumers influenced by them. The terms in the agreement had not yet been renewed when Kevin signed, and Raylene explained that they forgot to renew the insurance policies before the month Kevin rent the car, the agreement was null and valid after the certain date. It is not fair for Kevin to pay any extra fee after returned the car. Raylene has the obligation to offered an available agreement that is in consumer’s favor. However, they did not offer the reasonable agreement, and did not give sufficient notice and chance to Kevin to know more about the insurance policies. It is Raylene’s negligence if the agreement is not renewed, consumer law can help consumer to avoid liability[3].Therefore, except offering an available and legible agreement to Kevin, they should give enough opportunity for him to learn more about the insurance policies, they should be responsible for the damage cost Kevin caused, and Kevin does not need to pay any extra fee that was generated after the car returned.

Consumers can use their rights if the services or products are not right according to the Consumer rights and guarantees, which are a part of the Australian Consumer Law. There are automatic guarantees that they will work and do what you ask for, when you purchase a product or service[4]. The supplier or manufacturer must guarantee that the products or services are under $40,000. The car Kevin rent cost him $480, when he purchased the services, the supplier must offer automatic guarantees for the services. First, they should provide Kevin with good care and skill, or technical knowledge to avoid loss and damage. Normally, consumer  want to use the car quickly once they sign the agreement. Kevin took the car after signed the agreement. Raylene did not offer any knowledge or skills to Kevin to avoid damage. Secondly, the results should be explained in detail, which is agreed by both of the consumer and supplier. For consumers, there is no enough time for them to check carefully for the terms in the agreement. Supplier has responsibility to tell consumer results when they offer services. Raylene did not tell any thing about the damage or results of the services when rent the car to Kevin. Finally, Raylene did not only fail to do the guarantees for the services to Kevin, but also brought detriment to his rights and obligation.herefore, Kevin has consumer right for the followings, since the business failed to deliver any of the above guarantees. First, Kevin may ask for his preference of a free repair, replacement or refund. The damage should be ensure if it is a minor problem or a major problem. A free repair will be offered if it is a minor problem, while you have right to ask for a replacement or refund if it is a major problem.

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