Damage & Dispute Policies

HIDLE DAMAGE POLICY 

Should damage to an item occur, the following will apply:

The Hirer shall pay owner for all losses and/or damage to the Item, except for ordinary wear and tear that does not impact the usability of the Item or significantly impact the resale value of the Item, regardless of fault (e.g. the Hirer agrees to pay for the loss or damage even though someone else caused the damage or is at fault). The determination of whether damage impacts the usability or resale value of the Item shall be made by Hidle in its sole discretion. The Hirer is also responsible for all theft or vandalism losses, even if the Hirer is not at fault for making the theft or vandalism possible, and regardless of any measures hirer may have taken to secure or protect the Item, including any instructions or security devices provided by owner.

If the Item is damaged, then the Hirer agrees to pay the reasonable costs of repair and diminution in value, if any. If the Item is damaged beyond reasonable repair (as determined by Owner and Hidle), then the Hirer shall be responsible for the retail fair market value of the Item, less any salvage value if applicable. In addition to the above, the Hirer shall also be responsible for the reasonable down time (“Loss of Use”) if the solution for the case takes more than 10 business days, reasonable administrative fee as determined by owner or specified by law, plus any towing, pick-up and/or storage charges. In the event of theft, the Hirer shall be responsible for paying loss of use at the daily rate for each 24 hours the Hirer delays in paying the total loss. Hirer is also responsible for any loss if Hirer:

(a) abuses the item or uses or operates the Item in a way other than as specified in this agreement;
(b) drives or uses the Item recklessly;
(c) drives or uses the Item while under the influence of alcohol or a controlled substance;
(d) fails to promptly report an accident to the police and owner;
(e) fails to complete an accident report;
(f) obtains the Item through fraud or misrepresentation; or
(g) uses the Item for an illegal purpose. Hirer authorizes owner to collect from a responsible third party any applicable loss and/or damage. In the event Owner obtains a recovery from a third party after hirer has paid owner for all or part of any loss, Owner will refund to Hirer any excess above the amount of the loss plus administrative fees and other collection costs and legal fees incurred.

HIDLE DISPUTE RESOLUTION POLICY


Hidle endeavour to resolve any concerns you may have with our service. In the first instance contact us to discuss your concern. In the event a dispute arises between Owner & Hirer in relation to damage to an item, then Hidle’s Dispute Resolution Policy’ will apply. The Hidle Dispute Resolution Policy is available on Hidle’s website. Each party must bear its own costs of resolving the dispute under this policy and, unless the parties otherwise agree, both parties must bear equally the costs of any mediator engaged for that purpose.

1.0 Introduction

1.1 Purpose

This policy is intended to ensure that Hidle handle complaints fairly, efficiently and effectively. Our complaint management system is intended to enable us to respond to issues raised by people making complaints in a timely and cost-effective way, boost public confidence in our administrative process, and provide information that can be used by us to deliver quality improvements in our products, services, staff and complaint handling.This policy provides guidance to our staff and people who wish to make a complaint on the key principles and concepts of our complaint management system.

1.2 Scope

This policy applies to all staff  of Hidle receiving or managing complaints from the public made to or about us, regarding our products, services, staff and complaint handling. Staff grievances, code of conduct complaints (for local councils) and public interest disclosures are dealt with through separate mechanisms.

1.3 Organisational commitment

Hidle expects staff at all levels to be committed to fair, effective and efficient complaint handling. The following table outlines the nature of the commitment expected from staff and the way that commitment should be implemented.

2.0 Terms and Definitions

Complaint

Expression of dissatisfaction made to or about Hidle, our products, services, staff
or the handling of a complaint where a response or resolution is explicitly or implicitly expected or legally required.

Complaint management system

All policies, procedures, practices, staff, hardware and software used by Hidle in the management of complaints.

Dispute

An unresolved complaint escalated either within or outside of Hidle.

Feedback

Opinions, comments and expressions of interest or concern, made directly or indirectly, explicitly or implicitly, to or about Hidle, about Hidle’s products , services or complaint handling where a response is not explicitly or implicitly expected or legally required.

Policy

A statement of instruction that sets out how Hidle should fulfil our vision, mission and goals.

Procedure

A statement or instruction that sets out how Hidle’s policies will be implemented and by whom.

Public interest disclosure

A report about wrong doing made by a public official in Western Australia that meets the requirements of the Public Interest Disclosures Act 1994.

3.0 Guiding principles

3.1 Facilitate complaints

People focus

Hidle is committed to seeking and receiving feedback and complaints about our services, systems, practices, procedures, products and complaint handling. Any concerns raised in feedback or complaints will be dealt with within a reasonable time frame. No detriment to people making complaints. Hidle will take all reasonable steps to ensure that people making complaints are not adversely affected because a complaint has been made by them or on their behalf.

Accessibility

Hidle will ensure that information about how and where complaints may be made to or about us is well publicised. Hidle will ensure that our systems to manage complaints are easily understood and accessible to everyone, particularly people who may require assistance. If a person prefers or needs another person or organisation to assist or represent them in the making and/ or resolution of their complaint, Hidle will communicate with them through their representative if this is their wish. Anyone may represent a person wishing to make a complaint with their consent (e.g. advocate, family member, legal or community representative, member of Parliament, another organisation).

3.2 Response to complaints

Early resolution

Where possible, complaints will be resolved at first contact with Hidle Pty Ltd. Hidle will promptly acknowledge receipt of complaints. Hidle will assess and prioritise complaints in accordance with the urgency and/or seriousness of the issues raised. If a matter concerns an immediate risk to safety or security the response will be immediate and will be escalated appropriately. Hidle will advise people as soon as possible if we are unable to deal with any part of their complaint and provide advice about where such issues and/or complaints may be directed (if known and appropriate). Hidle will also advise people as soon as possible when Hidle are unable to meet our time frames for responding to their complaint and the reason for our delay.

Objectivity and fairness

Hidle will address each complaint with integrity and in an equitable, objective and unbiased manner.

Responding flexibly

Hidle will adopt flexible approaches to service delivery and problem solving to enhance accessibility for people making complaints and/or their representatives. Hidle will assess each complaint on its merits and involve people making complaints in the process as far as possible.

Confidentiality

Hidle will protect the identity of people making complaints where this is practical and appropriate. Personal information that identifies individuals will only be disclosed or used by Hidle as permitted under the relevant privacy laws and any relevant confidentiality obligations.

4.0  Introduction

When responding to complaints, staff should act in accordance with Hidle’s complaint handling procedures. Staff should also consider any relevant legislation and/or regulations when responding to complaints and feedback. The five key stages in our complaint management system are set out below.

4.1  Receipt of complaints

Unless the complaint has been resolved at the outset, Hidle will record the complaint and its supporting information. Hidle will also assign a unique identifier to the complaint file.

The record of the complaint will document:

  • the contact information of the person making a complaint
  • issues raised by the person making a complaint and the outcome/s they want
  • any other relevant and
  • any additional support the person making a complaint requires.

Hidle will acknowledge receipt of each complaint promptly, and preferably within (specify number) of working days. Consideration will be given to the most appropriate medium (e.g. email, letter) for communicating with the person making a complaint.

4.2 Initial assessment and addressing of complaints

Initial assessment

After acknowledging receipt of the complaint, Hidle will confirm whether the issue/s raised in the complaint is/are within our control. Hidle will also consider the outcome/s sought by the person making a complaint and, where there is more than one issue raised, determine whether each issue needs to be separately addressed. After assessing the complaint, Hidle will consider how to manage it. Hidle will keep the person making the complaint up to date on our progress, particularly if there are any delays. Hidle will also communicate the outcome of the complaint using the most appropriate medium. Which actions Hidle decide to take will be tailored to each case and take into account any statutory requirements.

4.3  Providing reasons for decisions

Following consideration of the complaint and any investigation into the issues raised, Hidle will contact the person making the complaint and advise them:

  • the outcome of the complaint and any action Hidle took
  • the reason/s for our decision
  • the remedy or resolution/s that Hidle have proposed or put in place, and
  • any options for review that may be available to the complainant, such as an internal review, external review or appeal.

If in the course of addressing complaints investigation, Hidle make any adverse findings about a particular individual, Hidle will consider any applicable privacy obligations under the Privacy and Personal Information Protection Act 1998 and any applicable exemptions in or made pursuant to that Act, before sharing our findings with the person making the complaint.

4.4  Closing the complaint, record keeping, redress and review

Hidle will keep comprehensive records about:

  • How Hidle managed the complaint
  • The outcome/s of the complaint (including whether it or any aspect of it was substantiated, any recommendations made to address problems identified and any decisions made on those recommendations, and
  • Any outstanding actions that need to be followed up.

Hidle will ensure that outcomes are properly implemented, monitored and reported to the complaint handling manager and/or senior management.

4.5  Alternative avenues for dealing with complaints.

Hidle will inform people who make complaints to or about us about any internal or external review options available to them (including any relevant Ombudsman or oversight bodies). Where a person making a complaint is dissatisfied with the outcome of Hidle Pty Ltd.’s review of their complaint, they may seek an external review of our decision (by the Ombudsman for example).

5.0 Accountability and learning

5.1 Analysis and evaluation of complaints

Hidle will ensure that complaints are recorded in a systematic way so that information can be easily retrieved for reporting and analysis.

5.2 Continuous improvement

Hidle are committed to improving the effectiveness and efficiency of our complaint management system.