Upon viewing the images and the contents of this website, or upon entering into the Vehicles, the Client agrees to all the terms, conditions, warranties and disclaimers (“the Conditions”) contained on this website or the notice displayed in the Vehicles.
The Client acknowledges and agrees to the following:
1. The Client has read and understood the Conditions;
2. The Client agrees and accepts to be bound to the Conditions; and
3. The Client agrees and accepts that the Conditions are subject to change at any time.
The Company may change, amend or withdraw the Conditions contained on this website at any time and the Client agrees that the Conditions take effect immediately.
1. Liability
1.1. The Company will make all reasonable attempts to provide a Vehicle to the Client at the time requested by the Client, and the Company will make all reasonable attempts to reach the specified destination within a reasonable timeframe.
1.2. The Company or Company Representative will not guarantee the precise arrival and departure times of the Vehicle due to traffic conditions, mechanical break-downs, adverse weather or road conditions which may cause unforeseen delays.
1.3. The Company is not liable to the Client for any indirect loss and/or expenses, (including consequential losses) resulting from the Client failing to reach the specified destination, or the failure of the Client to make a connection with any other service provider or event (such as the failure of the Client to board a
connecting flight).
1.4. The Client agrees it will not hold the Company liable for personal injury sustained by the Client during the Service.
2. Transport of Goods
2.1. The Company is not a common carrier and is not responsible for any loss of Goods during the Service.
2.2. Any Goods will only be transported if there is capacity in the Vehicle. If capacity is not available then the Goods will be transported on the next available Service.
2.3. Correct labeling of the Goods is the Client’s responsibility.
2.4. The Company does not accept responsibility or liability for any damage to any Goods during the Service.
2.5. It is the Client’s responsibility to ensure that the Goods are insured against loss or damage for the duration of the Service.
3. Lost Goods
3.1. Any Goods found in the Vehicle by the Company or the Company Representative will be held at the Company’s registered office for a period of 6 months, after which, if remaining unclaimed, will be disposed of in a manner the Company considers appropriate.
4. Client’s Indemnity
4.1. The Client continually indemnifies the Company, Company Representative, its affiliates, agents and subcontractors, against any claim or proceeding that is made, threatened or commenced, and against any liability, loss, damage or expense (including legal costs on a full indemnity basis) incurred or suffered, as a direct or indirect result of any of the following:
4.1.1. Any breach of these terms including any warranty;
4.1.2. A wilful, unlawful or negligent act or omission by the Client or the Client’s representative; and
4.1.3. Damage to or loss of any of the Company’s property.
5. Cancellation of service
5.1. The Company in its absolute discretion is entitled to terminate the booking of a Vehicle by the Client without reason or prior notice.
5.2. The Company or Company Representative may in its absolute discretion decline to provide the Service to the Client, if in the Company or Company Representative in its opinion, reasonably believes that the Client is affected by alcohol or drugs.
5.3. The Company or Company Representative will not provide the Service to any Client posing a threat, demonstrating aggressive or threatening behaviour to the Company’s Representative, Vehicle or the Company’s other clients.
6. Collection of Personal Information
6.1. The Company will not use or disclose personal information about the Client for any purpose other than in providing the Service.
6.2. The Company will provide personal information of the Client to appropriate authority (including but not limited to law enforcement agencies) if required by law.
7. Client’s Waiver
7.1. The Client warrants that it has not relied on any representation made by the Company which has not been stated expressly in these Conditions or upon any descriptions, illustrations or specifications contained on this website or displayed in the Vehicles, any documentation provided by the Company.
7.2. The Client acknowledges and agrees that, to the extent, the Company has made any representation which is not otherwise expressly stated in the Conditions, the Client has been provided with an opportunity to independently verify the accuracy of that representation.
8. Trademark and Copyright
8.1. This website and all its content are protected by copyright. Any content or information in any form may not be reproduced or disclosed to a third party without the Company’s prior written consent.
9. Payment and Surcharges
9.1. The Client is required to pay the Company prior to engaging the Service or upon entering the Vehicle. The Client will be liable for any additional charges including toll charges, parking charges and airport charges incurred by the Company for the provision of the Service.
10. Insurance
10.1. The Company will obtain and effect all insurance(s) which are required to be effected and maintained by law for such duration as required for the provision of the Services to the Client. The Company will arrange all necessary insurance with respect to any relevant workers’ compensation legislation, professional indemnity, and public liability insurance as required by law in carrying out the Service.
11. No Warranty or Representation by Company.
11.1. The Company makes no warranty or representation in relation to the accuracy or currency of the information contained on this website or notice displayed in its Vehicles to the extent that any representation or warranty implied by law cannot be excluded.
11.2. The Company will not be liable for any loss or damage arising from any reliance by the Client on the information contained on this website.
12. Waiting Time
12.1. Waiting charges may apply if the Client does not arrive after a reasonable time.
13. General
13.1. If any provision of the Conditions is invalid, void, illegal or unenforceable then that provision is severed to the minimum extent required and the validity, existence, legality, and enforceability of the remaining provisions are not affected, prejudiced or impaired.
13.2. The Conditions shall be governed by the laws of Western Australia and the laws of the Commonwealth of Australia (where applicable) and the parties submit themselves to the jurisdiction of the courts of Western Australia and the Federal Courts of Australia.
13.3. In accordance with the laws of Australia, seat belts must be worn by the Client at all times.
13.4. Smoking is strictly prohibited in the Vehicles.
13.5. Food and alcohol consumption is strictly prohibited in Vehicles.
13.6. The Company may assign or transfer any obligation under the Conditions without the written consent of the Client.
DEFINITIONS
“Company” means Rock and Associates Pty Ltd (ACN 137725958) as trustee for Rock Family Trust trading as Southwest Airport Transfers, Dunsborough Taxis and Dunsborough Buses and Charters;
“Company Representative” means any employee personnel or officer employed by the Company and is not limited to, consultants, agents, servants, sub-contractors or others engaged to provide the Service on behalf of the Company;
“Client” means any person engaging the Company for the provision of the Service and includes the passengers (as the context dictates);
“Goods” means any personal property, including such items as cameras, jewellery, telephones or luggage belonging to the Client;
“Vehicle” means and any car, taxi, van, bus or other appropriate methods of transport provided by the Company for the provision of the Service to the Client;
“Service” means the provision of the transport service by the Company to the Client.
*No refunds or transfers of purchases.*