1.1. In these Terms and Conditions:
“Agreement” means these Terms and Conditions between Plan B Car Services and the Customer, and includes any variation and alteration to these Terms and Conditions.
“Applicable Vehicle” means cars, vans, utility vehicles and small trucks capable of operation under a ‘C’ Class New South Wales Driver’s Licence and weighing 4.5 tonnes or less.
“Claims” mean any claim for loss, damages, personal injuries, death and expenses (including legal fees) arising from any breach of, or liability under this Agreement.
“Credit Card” includes credit cards and debit cards.
“Customer” means the person or entity who engages the Services with Plan B Car Services.
“Destination” means the location to which the Client directs Plan B Car Services to transport the Client as specified in its booking request.
“Goods” means the chattels, articles or property tendered for carriage or bailment or other services to Plan B Car Services by the Customer.
“Loss” means any liability, damage, cost (including reasonable legal costs) and other outgoings, including any indirect or consequential loss.
“Parties” means Plan B Car Services and the Customer.
“Plan B Car Services” means Plan B Car Services Pty Ltd ACN 612 006 916, and includes their agents, employees, subcontractors and officers as the case may be.
“Pick up Location” means the pick-up location specified by the Client in its booking request.
“Services” means the performance of the transport of the Customer and the Customer’s vehicle by Plan B Car Services pursuant to the terms of this Agreement.
1.2. Any provision in this Agreement is prohibited or unenforceable then that part shall be removed to the extent of the prohibition or unenforceability and the remaining part of the Agreement shall continue to operate and bind the parties.
1.3. These Conditions are governed by and are to be interpreted according to the laws in force in the State of New South Wales. The parties submit to the exclusive jurisdiction of the courts operating in the State of New South Wales.
2. THIS AGREEMENT
2.1. This Agreement governs the relationship between Plan B Car Services and the Customer. All rights and conditions implied by law as they relate to the Parties shall be excluded unless contained within this Agreement or unless such rights and conditions cannot be excluded at law.
2.2. Completion of the booking and use of the Service constitutes the Customer’s unconditional acceptance of the terms and conditions set out in this Agreement.
2.3. This Agreement may be varied from time to time by Plan B Car Services. Such changes will be posted on-line. The Customer agrees to regularly review this Agreement to ensure that it is aware of any such changes. All existing bookings will be at rate quoted or the applicable rate in affect at the time of booking.
3.1. The Customer can book the Services by way of contacting Plan B Car Services by way of website booking, or booking form.
3.2. For a booking request to be valid, the Customer must provide:
(a) the Customer’s full legal name and residential address;
(b) the Customer’s contact telephone number;
(c) the time and place of pick up;
(d) the destination to which the Customer intends to travel;
(e) the model, make and registration number of the Customer’s vehicle; and
(f) the names and addresses of any other people who wish to be transported by Plan B Car Services with the Customer (upon request).
3.3. Upon receiving a booking request, Plan B Car Services will contact the Customer by way of telephone, email or text message to confirm the details of the booking. For all bookings made under this Agreement, Plan B Car Services requires the Customer’s Credit Card details in order to secure the booking. Plan B Car Services reserves the right to apply a deferred/sanction to the Customer’s Credit Card for the full amount of the booking prior to the booked date. This deferred/sanction is not a charge against the Credit Card, but is verification that the funds are available.
Not booking is confirmed until full payment has been made, via paypal or direct debit. Cash payments are upon request only.
4.1. Plan B Car Services will charge fees for the provision of the Services in accordance with the Fee Schedule which is published by Plan B Car Services on-line and can be provided to the Customer on request.
4.2. Plan B Car Services reserves the right to update and amend the Fee Schedule from time to time. It is the responsibility of the Customer to check the rates and charges in the Fee Schedule prior to making a booking with Plan B Car Services.
4.3. Plan B Car Services reserves the right to charge the Customer additional fees if the driver has to wait for more than five (5) minutes for the Customer to arrive after the confirmed arrival time. Such additional fees will be at a rate of ten dollars ($10.00) after the first five (5) minutes, plus one dollar ($1.00) for every one (1) minute or part thereof thereafter.
4.4. Plan B Car Services will charge the Customer for all disbursements incurred by Plan B Car Services during the performance of the Services, including but not limited to any tolls or car parking fees. The Customer acknowledges that where disbursements are incurred by Plan B Car Services twice (for example, where a toll is paid for both the Customer’s vehicle and Plan B Car Services vehicle) the total amount of the disbursements incurred by Plan B Car Services will be invoiced to the Customer.
4.5. The Customer will be charged an additional fee of fifty five dollars ($55.00) if the Customer, or any other person travelling with the Customer, soils Plan B Car Services vehicle. Such charge is anticipated to be an accurate pre-estimate of Plan B Car Services loss, loss of time and expense to clean the soiling of the vehicle.
5.1. Plan B Car Services will transport the Customer and the Customer’s vehicle from the pick up location to the destination at the time and date specified in the confirmed booking request.
5.2. The Customer may also request that Plan B Car Services transports other people with the Customer during the delivery of the Services, provided that the maximum passenger number (inclusive of the Customer) does not exceed four (4) persons. Or the number of available seat-belts.
5.3. While delivering the Services, the driver will determine and travel by the most appropriate route on the day, unless otherwise instructed by the Customer.
5.4. The Services will be provided within the Wollongong City Council and Shellharbour Local Council areas, provided however that the Services shall not extend any further north than Austinmer, nor any further south than Shellharbour. As this will incur a $30 minimum extra fee on top of price given by Plan B Car Service. This fee is separate to any other fee scheduling.
Fee will not incur only if it is within postcode of pick-up location to drop-off location.
5.5. Plan B Car Services will provide a vehicle for the transport of the Customer and any other persons being transported at the Customer’s direction. The Customer and any such persons can elect to be transported in the Customer’s vehicle instead of the vehicle provided by Plan B Car Services. A decision to be transported in the Customer’s vehicle will not minimise the fees payable to Plan B Car Services for the Services rendered under this Agreement.
5.6. Plan B Car Services will only transport the Customer’s vehicle if it is an Applicable Vehicle as defined under this Agreement. The transportation of motor cycles are explicitly precluded from the Services.
6.1. At all times during the conduct of the Services, the Customer and all passengers agree not to:
(a) eat or drink in Plan B Car Services vehicle;
(b) consume, or prior to boarding the vehicle to have consumed, drugs or any other illicit substances;
(c) smoke whilst inside any vehicle; or
(d) swear, yell or act in an offensive or threatening manner to the driver or any other passengers within the vehicle.
Plan B Car Service reserves the right to later invoice or charge the customer or credit card for not abiding by the agreement set out in clause 6.1 (a-d)
6.2. Plan B Car Services reserves the right to refuse to carry or transport any passenger who is thought by the driver to be under the influence of illicit substances; or whose behaviour posses a threat either to the driver, the vehicle or any other passengers. In the event that Plan B Car Services makes such a decision to not transport one (1) or more passengers, and there remains one (1) or more other passengers who are capable of
transport, Plan B Car Services will remain obligated to render the Services in accordance with the terms of this Agreement. Where Plan B Car Services decide to refuse to transport all of the passengers for the reasons set out in this clause, the Customer will be deemed to have cancelled the booking and the late cancellation fees as specified in clause 10 hereto will apply.
7. CUSTOMER’S RIGHTS
7.1. Without limiting any rights which the Customer has at law, the Customer has the right to:
(a) be transported in a clean and well-maintained vehicle;
(b) control the radio of the vehicle;
(c) see the Licence(s) of the driver(s) rendering the Services;
(d) control the air conditioner within the vehicle;
(e) be transported by a driver who is not influenced by the consumption of alcohol or drugs;
(f) be transported by a driver with an unrestricted Driver’s Licence within New South Wales that is appropriate for operating the Applicable Vehicle;
(g) determine the route the driver takes;
(h) enjoy a responsible and safe journey whilst in the vehicle; and
(i) be transported to a destination where it is safe to alight the vehicle.
8. CUSTOMER’S WARRANTIES
8.1. At all times during this Agreement the Customer warrants that the Applicable Vehicle:
(a) is registered within New South Wales and that such registration papers will be present in the car and available for the driver upon request;
(b) is insured against all damage caused by any third party driver, including any person acting on behalf of Plan B Car Services;
(c) has current Third Party Insurance for any damage caused to any third party person or vehicle; and
(d) has sufficient fuel for the Applicable Vehicle to be transported from the pick up location to the destination.
8.2. Plan B Car Services can, in their absolute discretion, refuse to transport the Applicable Vehicle to the destination if, in the opinion of the driver, the Applicable Vehicle does not have sufficient petrol for the purpose described in clause 8.1(d) of this Agreement. When this occurs, the driver will first travel to an available petrol station and refuel the Applicable Vehicle at the Customer’s expenses. Plan B Car Services will reserve the right to charge additional fees for this detour in accordance with the Fee Schedule. Plan B Car Service reserves the right to charge within 48 hours via invoice or credit card if not paid upon arrival of destination.
9.1. The Customer will pay Plan B Car Services the costs and charges calculated under this Agreement at the conclusion of the Service, or upon incurring a liability to pay a cancellation fee under this Agreement, whichever first occurs.
9.2. Plan B Car Services reserves the right to charge the Credit Card supplied by the Customer for any fees or charges that are due or payable, but which have not been paid by the Customer, after the conclusion of the Services.
9.3. Plan B Car Services will provide the Customer with a receipt for any payments made under this Agreement if requested to do so by the Customer.
10.1. All cancellations must be made by telephone to Plan B Car Services. Cancellation is not effective until the Customer has received confirmation of the booking cancellation from Plan B Car Services.
10.2. If cancellation occurs within two (2) hours of the confirmed booking time, Plan B Car Services will charge one hundred percent (100%) of the quoted fee to the Customer’s nominated Credit Card (“Late Cancellation”).
11.1. The Customer indemnifies and holds harmless Plan B Car Services against all losses, costs, damages and expenses incurred by the Customer, or any passengers being transported by Plan B Car Services at the direction of the Customer, arising from any act or omission of Plan B Car Services.
11.2. The Customer indemnified and holds harmless Plan B Car Services against any damage caused to the Applicable Vehicle arising from any act or omission of Plan B Car Services, including the conduct of the driver operating the Applicable Vehicle.
11.3. The Customer indemnifies Plan B Car Services for all losses, costs, damages and expenses incurred by Plan B Car Services including but not limited to any damage caused to the vehicle operated by Plan B Car Services, together with the excess payments payable to any insurer of either the Applicable Vehicle or the vehicle operated by Plan B Car Services for any damage arising in connection with the Services.
11.4. Plan B Car Services will make every effort to arrive at the Pickup Location on time, and will reach the Destination on time. Plan B Car Services shall not be held responsible or liable for any delays that occur beyond its control.
11.5. The Customer acknowledges that all luggage and goods transported by Plan B Car Services is transported entirely at the Customer’s own risk.
12.1. Plan B Car Services may subcontract is obligations under this Agreement at its absolute discretion. The Customer shall not assign, transfer or delegate any of its rights or obligations under this Agreement , including the making of bookings on behalf of other people.
12.2. Plan B Car Services undertakes to comply with the Privacy Act 1988 (Cth) for the purposes of collecting, storing and using any personal information of the Customer, or any other passengers transported in the course of the Services.