Please click through the questions below to view our current Terms & Conditions
BEFORE YOU PROCEED WITH YOUR BOOKING PAYMENT PLEASE BE ADVISED, You are not entitled to a refund if you simply change your mind, make a wrong choice, or do not read all the information clearly provided on our website.
All hirerers are required to have a refundable CREDIT CARD ( Not debit or cash) deposit to hire any of our products. Failure to provide one at pickup will result in the hirer being unable to collect their rental as booked and no refunds will be forthcoming. This is clearly stated on your booking page
. In the event that you cannot proceed with your rental as booked, please advise the company as soon as possible in writing. We will not provide a refund for any reason, except in the event that the reason for the cancellation is the fault of the company. We are not responsible for third party losses like accomodation,event flight or other transport or similar cancellations or postponements, and you are not entitled to a refund in any of these events email to email@example.com
TO CANCEL YOUR BOOKING: Locate the "CONFIRMATION OF BOOKING EMAIL" you received, and forward to firstname.lastname@example.org your request for cancellation. Please request a CREDIT NOTE for your booking paid. You must include the original email. Any delays may jeopardize any credit you may have been entitled to.. If you cannot locate or no longer have your "Confirmation of Booking" please follow steps below:
Send a new Cancellation request to email@example.com Information required in the notification are:1) Name and address of person who booked the rental unit 2) Date booking was made 3) Date of notification 4) Reason for cancellation.5) Copy of your photographic Drivers Licence to confirm your identity. 6) Request a credit or refund if entitled
Cancellation charges will apply. Please read (Additonal Fees and Charges)
In some cases the company may issue a discretionary refund. You will need to apply in writing for this and provide proof why the rental could not be undertaken. Not all applications will be granted.
CREDIT NOTIFICATION :PLEASE NOTE CREDIT NOTES NOT ISSUED for cancellatiions within 7 days of hire commencement date. Once implemented, you will receive a CREDIT NOTE via email to the address you provided on yoru booking, which will be valid for 3 Months from that date. Administration/Cancellation fee $55 will be deducted from your balance. If you wish to extend at the end of three months for a further 3 months, simply repeat the process. This can be done as many times as you like until the credit is exhausted.
COVID 19 LOCKDOWNS: PLease be advised that no refunds will be provided for any customers affected either directly or indirectly by a government directed lockdown and or quarantine. We can provide a CREDIT NOTE as above, if cancelled within 7 days of rental start date.
REFUNDS for early returns: no refunds are applicable to any hires returned or collected before the end of your hire period.
All rental periods are in 24 hour blocks. Part rates are charged per hour at the rate of 25% of the daily rental up to a total of 4 hours, where the 24 hour rate applies. Your pickup time is also your return time. Please consider this when calculating your rental charge. All prices quoted on this website are in Australian Dollars, unless otherwise stated.
At point of Hire, you will be provided with an "Information Brochure". This will outline your responsibilities to the company and its products and what is expected whilst you have one of our vehicles. It will also contain a copy of the Contract that you sign and outline some commonly asked questions in your contract. Any anticipated fees and charges will be clearly outlined in this brochure and customers are asked to read this information and understand what is expected, whilst our vehicle is in your care and control. You will sign a declaration that you are bound by the terms and conditions as outlined therein.
As outlined in the rental information, customers are required to produce at "Credit Card" at pick up of the vehicle and a refundable deposit will be deducted from that card. A "Debit Card" which is similar to a Credit Card, but has "Debit" printed on the front of the card, is NOT acceptable for use as this deposit. Failure to produce an appropriate card will result in the rental being suspended for the duration of the booked period until a suitable card may be produced. You will not be entitled to a refund for failure to meet the rental terms and conditions which are clearly displayed online at point of booking.
This is a copy of the Rental Agreement. All customers are required to sign their acceptance of this agreement before hiring a vehicle and agrees to be bound by the content therein. Please read the agreement and if you have any concerns, please contact the office and an attendant will assist you.
This is an Agreement between the Hirer (“You”) and the Company (“the Company”) identified on Page 1 to rent the motor vehicle (“the Vehicle”) described on Page 1 including all its accessories, tools, tyres and equipment as well as any replacement vehicle.
You acknowledge the Vehicle is delivered to You in good operating condition with the seal of the odometer unbroken. You agree to return the Vehicle in the same condition (except for ordinary wear and tear NOT INCLUDING WINDSCREEN OR TYRE DAMAGE) together with its tools, tyres, accessories and equipment on the date and place specifi ed on Page 1 (or sooner, if demanded by the Company). The Company may take possession of the Vehicle without prior demand to You and at your expense if there has been a breach of any terms or conditions of this Agreement or if the Vehicle is illegally parked, used in violation of the law or is apparently abandoned.
If the seal of the odometer is broken, or otherwise tampered with, You will be responsible for not only an extra charge based on 500 kms per day at 50¢ per kilometre, but also for any cost of repairing or replacing the odometer.
NOTE: If there is to be any extension of the period of hire beyond that stated on Page 1, the Company must be notifi ed and it must agree to such extension in writing, otherwise the Vehicle will be immediately reported to the police as stolen
(a) A person who is not identifi ed on Page 1 as either the Hirer, Joint Hirer or Authorised Driver;
(b) A person who is not licensed to drive the hired class of vehicle;
(c) A person whose blood alcohol concentration exceeds the lawful percentage whilst driving the Vehicle;
(d) A person who is driving the Vehicle whilst under the infl uence of a drug;
(e) A person who has given or for whom You have given a false name, age, address or
driver’s licence details;
(f) A person whose driver’s licence has been cancelled, endorsed or suspended within
the ast three years:
(g) A person who has held a driver’s licence for any class of vehicle for less than two years;
(h) A person who uses or intends to use the Vehicle for an illegal purpose.
(a) Any area outside the Area of Use shown on Page l;
(b) Any unsealed roads or off-road conditions unless authorised by the company in the Area of Use on Page 1;
(c) The carriage of any persons for hire or the carriage of any infl ammable, explosive or corrosive materials;
(d) Pushing or towing any vehicle, trailer, boat or other object unless the Company has authorised such use in writing;
(e) The carriage of any greater load and/or persons and/or for a purpose for which the Vehicle was designed and constructed:
(f) The carriage of any animal in the Vehicle unless authorised in writing or noted on Page 1 in SPECIAL CONDITIONS;
(g) The use of the Vehicle for racing, pacemaking, reliability trials, speed trials, hill climbing or being tested in preparation for those activities;
(h) The use of the Vehicle in a dangerous manner;
(i) The use of the Vehicle in contravention of any legislation or regulation controlling vehicular traffi c.
NOTE: The Hirer/Joint Hirer and Authorised Driver are jointly and severally liable for compliance with the terms and conditions of this Agreement. By entering into this Agreement You are responsible for and
irrevocably authorise the Company to debit the credit card provided on Page 1 or any other credit card provided (and You will pay the Company on demand any balance) with the following charges:
(a) The rental charges specified on Page l;
(b) All charges claimed by the Company in respect of parking and/or any other traffic violations incurred during the period of hire or until such later time as the Vehicle is returned to the Company;
(c) All loss or damage to the Vehicle (including the loss or use of that Vehicle), legal expenses, assessment fees, towing and recovery, consequential third party damage, storage and company service charges where:
(i) Any term or condition of this Agreement has been breached;
(ii) The Vehicle is involved in a single vehicle incident unless the Company waives such loss to the Single Vehicle Incident Liability amount shown on Page 1 (which amount will apply in addition to
the Standard Liability Charge noted on Page 1). A Single Vehicle accident is defined as any incident where the Vehicle suffers loss or damage as a result of an impact with any object whether animate or inanimate except another vehicle which can be fully identified and details of which have been provided by You or on your behalf to the Company;
(iii) You have left the Vehicle unlocked or left the keys in the Vehicle;
(iv) You have failed to keep the key secure and under your personal control;
(v) The underbody of the Vehicle is damaged regardless of cause except where there is a collision with another vehicle;
(vi) The Vehicle is totally or partially immersed in water regardless of the cause;
(vii) The interior of the Vehicle is damaged regardless of the cause except where there is a collision with another vehicle;
(viii) The tyres of the Vehicle are damaged other than by normal wear and tear;
(ix) The Vehicle or any third party property is damaged by driving the Vehicle under or into an object lower than the height of the Vehicle;
(x) You have failed to maintain all fluid and fuel levels of the Vehicle or failed to immediately rectify or report to the Company any defect in the Vehicle of which you have become or ought to have become aware;
(xi) The Vehicle is damaged by loading or unloading, normal wear and tear excepted;
(xii) You have failed to secure properly any load or equipment which leads to loss or damage caused by any part of the load or equipment;
(xiii) You use the Vehicle as an articulated vehicle unless agreed to by the Company in SPECIAL CONDITIONS on Page l;
(xiv) The exterior of the motor vehicle is damaged regardless of cause except where there has been a collision with another vehicle.
If You have paid for the hire of the Vehicle by use of a credit card or directed the Company to bill charges to some other person, corporation, firm or organisation who or which fails to make payment when called upon by the Company, You hereby irrevocably accept that You are liable and will immediately pay the full amount due to the Company on demand. The Company, in addition, may charge You interest at the rate of 18% per annum calculated on a daily basis on all outstanding accounts or charges payable in accordance with this Agreement, such interest to be computed from the end of the rental period.
Provided You and/or the Authorised Driver act within the terms and conditions of this Agreement the Company will grant damage cover (which includes your legal costs incurred with our written consent) to You and/or the Authorised Driver in respect of damage to the Vehicle and/or damage to any third party property other than damage to any property owned by You (including any friend/relative, associate or passenger) in your physical or legal control. This cover is also subject to:
(a) You paying the COLLISION DAMAGE/LOSS LIABILITY CHARGE on Page 1;
(b) You and/or the Authorised Driver not having breached any terms and conditions of this Agreement;
(c) You and/or the Authorised Driver not being covered under any policy of insurance; and
(d) You providing such information and assistance as may be requested by the Company or anyone acting on behalf of the Company. If cover is provided then the Company, or its insurer, may bring, defend or settle any legal proceedings in its/their sole discretion and the Company shall have the sole conduct of any proceedings. Any such proceedings shall be brought or defended in your name or the name of the Authorised Driver.
(a) If there is any incident involving loss or damage to the Vehicle or involving the Vehicle while rented under this Agreement, You and/or the Authorised Driver shall promptly report such incident to the
Company at the location where the Vehicle was hired as well as delivering to the Company immediately upon receipt by You and/or the Authorised Driver every summons, complaint or paper in relation to such incident involving such loss or damage. You and/or the Authorised Driver must also report all incidents to the police or other proper authority;
(b) You and/or the Authorised Driver irrevocably release and hold harmless the Company (and its agents and employees) from all claims for loss or damage to your personal property or that of any other persons property left in the vehicle, or which is received, handled or stored by the Company at any time before, during or after the rental period, whether due to the Company’s negligence or otherwise;
(c) You and/or the Authorised Driver acknowledge that the Company relies on the truth of your/the Authorised Driver’s representations in this Agreement;
(d) You and/or the Authorised Driver will not refuse or fail to take any blood analysis or breath test requested by the police;
(e) Except as provided by law no driver or passengers in the Vehicle shall be or deemed to be the agent servant or employee of the Company in any manner for any purpose whatsoever;
(f) The Company gives no express warranty in relation to the motor vehicle. Certain conditions and warranties are implied by statute, whether Commonwealth or State, which cannot be excluded, restricted
or modifi ed, such as those under the Trade Practices Act 1974. Where the Company is permitted to limit its liability under those statutes for breach of an implied condition or warranty the Company limits its liability to replacement, repair or resupply of the Vehicle. All other warranties, conditions and other obligations which may be otherwise implied are expressly excluded in their entirety. The Company is not liable to You and/or the Authorised Driver for any indirect, special, incidental or consequential damages relating to this Agreement;
(g) No right of the Company under this Agreement can be waived except by writing of an authorised offi cer of the Company;
(h) Words used in this Agreement to denote any gender shall include all genders, singular words including the plural and noted on Page l;
(i) Notwithstanding any other provision in this Agreement, a goods and services tax (GST) or any similar tax, stamp duty or any other tax, duty, surcharge levy or fee (charges) imposed by Local, State or Federal Government that is charged and collected by the Company is imposed anywhere in Australia and has application to any supply or use made under or in connection with this Agreement or in relation to the use or the likely use of any roads facilities or other infrastructure by You and/or the Authorised Driver or in relation to the provision of rental or other services to You or the Authorised Driver.
The Company may in addition to the rate, price or any other amount or consideration quoted or expressed as payable elsewhere in this Agreement, recover from You and/or the Authorised Driver an additional amount on account of the charge. Any additional amount on account of the charge shall be calculated without any deduct on or set-off of any other amount and is payable to the Company upon demand;
(j) You and/or the Authorised Driver acknowledge that your interest in the Vehicle is as a bailee of the Company only and that You agree not to part with, possess on, dispose of, encumber or assign any right or interest in the Vehicle and not create any lien on the Vehicle for repairs;
(k) You and/or the Authorised Driver agree to indemnify the Company from and against any or all claims, demands, actions, liabilities, losses, costs and expenses (including, but not limited to legal costs on an indemnity basis) incurred by the Company as a consequence of the failure for whatever reason of the due and punctual performance of your obligations under this Agreement;
(l) You acknowledge that the Company has not in any way represented itself to You as an entity carrying on the business of insurance;
(m) You and/or the Authorised Driver must not at any time admit liability for any claim, loss or demand and agree that if such admission is made by You and/or the Authorised Driver then that is a breach of this Agreement.
The Vehicle must be returned with the amount of fuel equal to that at the time of the rental. If the Vehicle is returned with less fuel the difference will be charged at a rate which may include a service component unless prior arrangements have been made and noted on Page 1.
Personal Accident Insurance can be provided to You and/or the Authorised Driver but only where You have accepted and paid the appropriate premium on Page 1. Acceptance and payment of that premium is deemed to be proof of coverage as well as your acceptance of the terms, conditions and exclusions of the Personal Accident Insurance policy. A copy of the policy document is available for your inspection.
Vehicle is required to be returned at the booked time on your contract. An attendant will wait up to 30mins beyond this and after this time a $55 fee will apply and daily rental rates at the highest charge. You will need to rebook a return time during trading hours.
The condition that you hire the vehicle, is the condition it is expected to be returned. The vehicle is required to be cleaned and fuelled to the point that it was hired. All Tools, associated equipment and accessories are to be included at return, in the same condition and quantity that you hired it at. You will be charged for any discrepancies. A comprehensive inspection form will be completed before you hire the vehicle and will outline the condition of the vehicle at point of hire. Once returned, the vehicle will be checked against this report within 24 hours, and any discrepancies will be noted and if required you will be charged for this and any service charges that apply, as outlined in your "Information Brochure" that will be provided to you at pickup. Some items, such as punctures in tyres, or mechanical damage, may not be evident at return but will be picked up within 24 hours. If the vehicle is returned "Not cleaned, or in a poorer state then when it was hired", then there will be delays in processing your return, as a full inspection will not be completed until after the vehicle has been cleaned by Contract Cleaners and or a Quote or Quotes have been obtained for any required repairs. Some damage, especially small chips, scrapes and Car Park damage cannot be accurately noted when a vehicle is dirty.
Once a vehicle has been returned to the company, a comprehensive inspection will be completed, based upon the Inspection that was completed prior to hire. If all checks are satisfactory, your refund will be made to the nominated Credit Card on your contract. This may take up to 24 hours or longer if Weekends or Public Holidays are over this period. There will be delays if the vehicle is returned in a poorer condition then when it was hired. In normal circumstances,you can anticipate your refund within 14 days after return.
Only those people listed on the contract are authorised to drive the vehicle. If any person other then those listed on the contract drive or are in control of the vehicle, and a defined, coverable incident occurs, the Contracted customer will be solely responsible for any damage or loss or you may lose any cover or warranty offered or implied.
There is NO coverage for vehicles driven and or parked on unsealed surfaces. You are not offered any coverage for any incidents that occur whilst being driven and or parked on any surface defined as unsealed. This means, dirt roads, parks,grass,lawns,sand,beaches and other surfaces of the like. You will find almost all rental companies include this in their contracts. If you HIre a vehicle and it is found that you use this vehicle at any period of your rental beyond the district allowable under your contract, you may, at the discretion of the company , be charged at the Highest daily rate under that category of rental plus a penalty of $20 per day, or your contract revoked and all cover that may have been offered by the company revoked for breach of contract.
By signing the contract you irrevocably authorise the company to deduct any charges that arise out of the hire and that are deemed to be charges as per contractual arrangement. These charges may fall due after return of the vehicle from hire. Items like Expiation notices and infringement notices attract administration fees and these fees will be charged to your credit card at the point they are received by the company.
This is defined as any incident where the vehicle suffers loss or damage as a result of an impact or collision with any object whether animate or inanimate,except another vehicle which can be fully identified and details of which have been provided by you to the company. Some situations where a single vehicle incident applies: Impact with an animal or person Hail, Storm Damage and or flooding Impact with an object such as a Pole , tree or animal. Loss of control of the vehicle causing damage to the vehicle regardless of the cause. Vandalism by any person Theft of any part of the car or whole of the car which results in part or total loss. Car Park Damage not caused by the customer and or where the other party cannot be identified. Stone chips and road debris damage. If you wish insurance cover for these types of incidents, you will need to take out additional insurance from your own choice of insurance company. Rental Insurance companies offer LIMITED cover, as they do not request any driving or past history, and those that normally would be excluded from private insurance will be covered in a limited form. In the event that you sustain damage to the vehicle that is not covered under our policy, you have the right to have it repaired by your own choice of repairer to a condition equal to or improved upon at point of hire, prior to returning the vehicle. If you choose not to do this, then we will engage our own repairers at your expense. Service Charges will apply and you will be responsible for rental loss as well.
Please read and understand. Be reminded that any breach of the terms and conditions of the contract VOIDS any Damage cover that you may have been offered. If you are involved in an “incident/accident” you are required to A) Complete the “Incident Report” in it’s entirety which is located in your “Information Brochure”provided at hire B) Notify the Police and obtain a Police Report Number for the “Incident Report” C) Pay the “Collision Damage/Loss Liability Amount” on your contract These must be presented to the Depot, within 72 hours of the incident for us to provide you with cover of any kind. If the driver is unable, please have another person present on their behalf. Failure to do so, may result in the Driver being liable for all costs and damage loss to the company in its entirety and void any cover offered under the contract.
Check your contract for the fuel indication level. If you return the vehicle with less then the amount indicated you will be charged a service fee plus the cost of refuelling to the required amount. Have punctures repaired prior to return as a puncture is NOT defined as wear and tear and the repairs are the hirers responsibility. You will be charged a service fee for repairs that we have to undertake after return.
This is not offered by the company.
Check your contract for the "Area of Use". This is where you are allowed to travel with your vehicle. Any travel proved outside of the "Area of Use" may incur an additional fee. At the very least , travel outside the defined area will void your contract and put you in breach and you may not be entitled to any coverage that was offered or provided.
The customer is required to check and maintain all fluid levels whilst the vehicle is in their care and control. For emergency roadside assistance or assistance with minor failures such as flat battery etc, RAA cover is provided on all vehicles in a limited form. Your Key tag contains contact information for this. If a mechanical problem arises, you are required to notify the Company prior to continuation of driving for further instructions. If you continue to drive a faulty vehicle you may be liable financially for any further damage. Our Cover only extends to the cover offered by the RAA and we will not be responsible for any loss or damage outside of their cover. Please do not use your own membership, as it will void any facilities available through our membership.
If a vehicle requires repairs, you will be directed to a place of repair and if the failure is not caused by the customer, the company will pay the cost of repairs. In the event where a repair may take 24 hours to be fixed, a replacement vehicle if available will be offered. This cannot be guaranteed for interstate or Kangaroo Island rentals. In certain circumstances, RAA will provide replacement rental cars and or accommodation if parts or repairs take longer then 48 hours. The company will NOT be liable for anything not covered by the RAA.
If the vehicle cannot be fixed, replaced or driven within a satisfactory time, only a refund of the remaining rental amount from the time that the vehicle became inoperable, will be offered. The company will not be responsible for any further loss for any expenses arising out of the failure of the vehicle.
Under NO circumstances are our vehicles to be used to tow anything, unless authorised on your contract.
For vehicles fitted with the following: CD Players/Radios Air Conditioning CB and or UHF radios Spot Lights/Driving Lights LPG systems The company does not warrant the above accessories will work effectively for the duration of your rental. You will not be entitled to a refund or compensation in whole or in part for failure of these items.
If you have a dispute in regard to anything associated with how our company has transacted with you, please submit this in writing to firstname.lastname@example.org. This is the only way your query will be answered. Please provide your Rental Number ( Located in the Top right corner of your contract ) and or Receipt Number ( This is sent to you after settlement of your rental in the event of additional charges ). In the abscence of this, we cannot answer any disputes.
We treat our customers information and privacy seriously. If you are requiring information about anything that requires access to personal details, you will need to provide proof of identity. If you have returned a rental , your contract information will be enough to satisfy this.
Please be advised that your booked time for pickup and or return is important. You are required to be punctual. An attended will keep your booked time open for 30mins. After this time a "NO SHOW FEE" of $55 will apply and you will need to re-book an alternative time suitable to the attendant. You will be charged this fee if you ring within 30 mins of your pickup/return time to make an amendment .Daily rates fee scales will apply to late returns/pickups. Please be considerate as your tardiness will effect all other clients not only you. This fee will also apply if you cannot meet the requirements of hire at collection time or your book out takes longer than 30mins for any reason caused by the customer.
$55.00. This will apply to cancellations where the customer has advised in writing no later then 24 hours of pickup or delviery. Daily rental charge will apply with minimum hire charge applicable for a “No Show” or cancellation inside of 24 hours of pickup time.
For preparation of statuatory Declaration and attendance to Justice of the Peace for signing, and or payment of accounts due on behalf of clients, to re assign the notice to the driver , In the matter of Traffic offences and or Toll Fees. $30.00 minimum charge for up to 1 Statuatory Declaration and or payment.
Charged for replacement invoices, receipts etc if requested from customer for any reason, or through Customer complaint to a government department or financial Institution where pennywise rentals was found to be not at fault. $20 administration fee to located archived files after vehicle return. Each Page $2.00. Archived files over 3 months old are $10 each. If you wish to register a complaint with Consumer Affairs or another Government authority, please provide them with the information that you have been provided by the Company. You will be charged for duplicates that we have to provide.
Standard Mail charge for additional mail or account for additional expenditure where customer hasn’t supplied an email address. Email notifications are at no charge. Statuatory declarations requested by government authorities will incur this fee. This charge allows for Postage, Stationary and time on the job. $20.00 Each
Service charge A
For all transit in regard to pick ups and deliveries to places of repair and other places with the intent to rectify customer damages. Up to 4 Transits, hourly rate applies after this. Canvassing for quotes. Telephone calls. Fuel, Additional Drivers, Preparation of documentation and account for customer. Minimum Charge $110
Service Charge B
For all work outside or over the already assigned charges. CHARGEBACKS: Where customer initiates a chargeback through their bank for fees charged to their credit card as per contract, where the chargeback is unsucessful. This charge is for preparation of documentation to substatiate the charges. $50 per hour.
Will be applied to Fuel top ups for insufficient fuel returns, $25.00
For vehicles that require additional specialist cleaning above a standard clean. These charges are in addition to the standard cleaning charge.
Rental charges whilst additional work being done
When vehicle is being repaired or cleaned, when caused by customer, additional daily rental charges will be charged to the customer for time out of service whilst work is being carried out on the vehicle. This will be charged at 75% of the lowest possible price and not peak rates or otherwise.
All charges listed above exclude GST and Gst will be added to final account. Credit Card Charges will apply to the final account at the current bank charged rate.
These charges are only itemised here to avoid future confusion if any or all of these charges are applied to a rental or returned rental. If you are ever debited for additional charges, you will receive a fully itemised account sent to the email address on your contract. In the absence of a valid email address, it will be posted and “Clerical ChargeC” will be charged.
A) We collect and use Your personal information to provide You with the best level of service possible.
B) We respect Your privacy so We take all reasonable steps to make sure that Your personal information is accurate and up to date and that it is protected from misuse, unauthorised access or wrongful disclosure.
C) Your personal information may be disclosed to related and non-related third parties with whom We have arrangements to protect Your privacy, such as one of Our program partners.
D) Your personal information may also be entered into Our centralised database which is managed by Gilgar Investments Pty Ltd and may be accessed by personnel, franchisees and licensees within that group, all of which are governed by group rules that protect Your privacy.
E) We reserve the right to respond to any feedback or reviews on any public forum. This response may include but not be liited to a clients name and locality without dislosing their street name and number. We may also publish as a reponse to any feedback,or public review photos and wirtten correspondence between pennywise rentals and our client who publishes this feedback or review. We may publish any material which is disclosed in a public court room during a civil or criminal case of which the company is a defendant and or plantiff.