Business Law Question

ILAC method is required.

Tim is in the process of moving house and decides to hire a medium sized removalist van for 5 days. He searches online and makes a booking for a van through 'Brisbane Truck Hire' (BTH).

As part of the online booking, Tim arranges to collect the van at 9am on the 20th June and to return it by gam on the 27th June. He pays a $400 deposit after reading through the online terms and conditions of the hire agreement.

At 9am on the 20th June, Tim arrives at BTH. The manager of BTH tells Tim: "We are waiting for your van to be returned by another customer. It won't be too long a wait." After a lengthy wait, Tim leaves BTH with the removalist van at I pm.

On the 27th June, Tim is on his way back to BTH and is stuck in bad traffic. He returns the van to BTH at 10.00 am (1 hour later than expected). Tim is then informed by the manager of BTH that his deposit of $400 is forfeited. The manager refers Tim to the following terms in the online agreement:

I. BTH will make all reasonable efforts to make sure that their vehicles are available for collection by the customer at the agreed upon time. However, BTH will not be held liable for any delay that may occur.

2. The customer must return the vehicle by no later than the agreed upon time. Any failure for whatever reason to comply with this requirement will result in a complete forfeiture of the deposit price.

Advise Tim as to whether he has any claims against BTH under the Australian Consumer Law (ACL)?