Ride N Relax

- Customer Terms and Conditions


Background

1. Ride N Relax is a business name owned by Seyfettin Alacali of 72 536 853 725. Seyfettin Alacali is the owner and operator of Ride N Relax and any reference to “The Business” refers to the business operations of Ride N Relax. The Business is established in New South Wales, Australia, having its offices at Wetherill Park NSW 2164.

2. The Business is a platform that enables users to arrange and schedule transportation services (the “Services”) with the owner of the The Business and independent third party transportation providers (“Third Party Providers”) under agreement with The Business. Unless otherwise agreed by The Business in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.

3. These Terms of Use (“Terms”) govern the access or use by you, an individual, from within Australia of applications, websites, content, products, and Services made available by The Business.

Agreement to Terms

4. Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and The Business. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. The Business may immediately terminate these Terms or any Services with respect to you, or cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Your Account

5. To use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, to obtain an Account. Account registration requires you to submit to The Business certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to- date information in your Account. Your failure to maintain accurate, complete, and up-to- date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or The Business termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by The Business in writing, you may only possess one Account.

Charges

6. You understand that use of the Services will result in charges to you for the services or goods you receive from The Business (“Charges ”). Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non- refundable unless otherwise determined by The Business. All Charges are due immediately and payment will be facilitated by The Business using the preferred payment method designated in your Account, after which The Business will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that The Business may use a secondary payment method in your Account, if available.

7. The charges are quoted on a flat rate basis which includes Base Fare of $3.30 plus, $1.87 per kilometer and 44 cents per minute (including waiting time). This figure includes Goods and Sales Tax (GST).

8. You understand and agree that, while you are free to provide additional payment as a gratuity to any driver from The Business who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary.

Charge Extras

9. Prices quoted exclude tolls, discounts or promotions.You are required to pay tolls in addition to the fare should you choose this option.

10. Original quoted fare shall not include multiple pick off, drop offs and or route diversions. An additional $1.87 per kilometre and 44 cents per minute (including waiting time) will apply and will be payable to The Business via mobile EFTPOS or a pay online invoice will be issued,

11. A minimum fare of $11.00 is to be paid if the rate comprised of in the terms and conditions does not exceed $11.00. If any journey is under the minimum fare, no partial refunds or credit shall be provided.

Friday Night and Weekend Surcharges (excludes Public Holidays and New Years Eve)

12. Friday night and weekend surcharges will commence from Friday 6.p.m. to Sunday 6.p.m. in which the charges are quoted on a flat rate basis which includes the surcharged Base Fare of $3.30 plus, $1.98 per kilometer and 55 cents per minute (including waiting time). This figure includes Goods and Sales Tax (GST).

13. Original quoted fare shall not include multiple pick off, drop offs and or route diversions. An additional $1.98 per kilometre and 55 cents per minute (including waiting time) will apply and will be payable to The Business via mobile EFTPOS or a pay online invoice will be issued,

14. A minimum fare of $11.00 is to be paid if the rate comprised of in the terms and conditions does not exceed $11.00. If any journey is under the minimum fare, no partial refunds or credit shall be provided.

Public Holiday Surcharges

15. The public holiday charges are quoted on a flat rate basis which includes the surcharged Base Fare of $3.30 plus, $2.42 per kilometer and 66 cents per minute (including waiting time). This figure includes Goods and Sales Tax (GST).

16. Original quoted fare shall not include multiple pick off, drop offs and or route diversions. An additional $2.42 per kilometre and 66 cents per minute (including waiting time) will apply and will be payable to The Business via mobile EFTPOS or a pay online invoice will be issued,

17. A minimum fare of $22.00 is to be paid if the rate comprised of in the terms and conditions does not exceed $22.00. If any journey is under the minimum fare, no partial refunds or credit shall be provided.

New Year’s Eve Surcharge

18. The New Years Eve charges are quoted on a flat rate basis which includes the surcharged Base Fare of $6.60 plus, $4.95 per kilometer and $1.76 per minute (including waiting time). This figure includes Goods and Sales Tax (GST).

19. Original quoted fare shall not include multiple pick off, drop offs and or route diversions. An additional $4.95 per kilometre and $1.76 per minute (including waiting time) will apply and will be payable to The Business via mobile EFTPOS or a pay online invoice will be issued,

20. A minimum fare of $22.00 is to be paid if the rate comprised of in the terms and conditions does not exceed $22.00. If any journey is under the minimum fare, no partial refunds or credit shall be provided.

Special Charges - Sydney Domestic Airport

21. You understand that passenger pickups from Sydney Domestic Airport will incur a minimum $4.00 airport fee or higher based per time block in addition to your fare. Full rates are available at https://pickup.sydneyairport.com.au.

22. Pick-ups will occur from the Priority Green Car park between T2 and T3. Please follow signage to the pickup area, the driver will arrive in this area at the arranged time.

Special Charges- Sydney International Airport

23. You understand that passenger pickups from Sydney International Airport will incur a minimum $8 airport fee or higher after the first 15 minutes based per time block in addition to your fare. Full rates are available at https://pickup.sydneyairport.com.au

24. Pick-ups will occur from the Express Public Car which is in P9. Please follow signage to the pickup area, the driver will arrive in this area at the arranged time.

Payment Options

25. All journeys must be prepaid before the pickup date, methods of payment are Bank Transfer, Mobile EFTPOS (MasterCard, Visa and American Express are accepted), pay online or PayPal.

Surcharges

26. Payment with mobile EFTPOS will incur a 3.3% surcharge (GST incl) and payment with pay online or PayPal will incur a 3.3% surcharge (GST incl) that is in addition to the fare. The surcharges include Charge Extras and Special Charges. Merchant charges are subject to change without prior notice.

27. Domestic and International Bank transfer payments must be received one week before pick-up date.

Booking Cancellations

28. The Business has the sole right to cancel bookings and the client shall forfeit the entirety (100 % GST inclusive) of the fare plus merchant charges including GST should there be a no show-up within ten minutes of arriving at the pickup address. In addition;

29. All cancellations of bookings need to be made in writing to customersupport@ridenrelax.com.au

30. Bookings cancelled more than 72 hours prior to pick up date will receive a six-month credit from the date of cancellation which is non-transferable (unless agreed by The Business).

31. Credits not used in the allowable timeframe will result to the forfeiture of the entire fare plus merchant fees.

32. Bookings cancelled between 72 & 48 hours of pick-up will result in a 25% charge of the entire fare plus merchant fee (GST Inclusive).

33. Bookings cancelled between 48 & 5 hours of pick-up will result in a 50% charge of the entire fare plus merchant fee (GST Inclusive).

34. Bookings cancelled less than 5 hours of the pick-up date will result in a 100 % charge of the entire fare plus merchant fee (GST Inclusive).

Limitation of Service

35. The Service is not available for use by persons under the age of 18.

36. You may not authorise third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from The Business unless they are accompanied by you.

37. If you have any special requests, they must be requested at the time of booking and The Business will make a determination as to whether the requested can be fulfilled. The Business provides no guarantees that any special requests may be granted.

38. Should the passenger require a pet to be on board then permission of the driver must be obtained prior to the trip. If it is a guide animal than you do not require permission to be obtained by the driver.

39. The Business and its Third Party Providers do not have Hire Car (HC Plate Vehicle) privileges and will need to adhere to general public road rules and cannot travel in bus lanes, stop or pick up passengers in No Parking/ Stopping, Taxi zones, Bus Stops or clear ways.

40. Should a pick up be located in the above area, the driver will advise of their new location via SMS and or telephone call. If a drop off is located in the above area, the drop off will occur at a convenient legal location which may be before or after the destination address.

Customers responsibilities

41. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. The Business does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

42. You shall be responsible for the cost of repair for damage to, or necessary cleaning of, vehicles property to The Business or Third Party Provider’s resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”).

43. In the event that The Business reports the need for Repair or Cleaning, The Business reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning using your payment method designated in your Account. Such amounts will be non-refundable.

44. If there is no such payment method nominated in your Account, The Business reserves the right to facilitate payment for the costs by sending an invoice your email or residential address.

45. The Business and its contractors will not be held responsible for any items left behind in vehicles.

46. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to The Business, a Third Party Provider or any other party.

47. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

48. The Business accepts no responsibility for any personal belongings left behind whilst you are in use of the services.

Limitation of Liability

49. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE BUSINESS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS.

50. THE BUSINESS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

51. THE BUSINESS DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOODS REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

52. THE BUSINESS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, DEATH OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF THE BUSINESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

53. THE BUSINESS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (I) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (II) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF THE BUSINESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE BUSINESS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND THE BUSINESS’S REASONABLE CONTROL.

54. YOU AGREE THAT THE BUSINESS HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

55. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

56. You agree to indemnify and hold The Business, Third Party Provider’s, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses, including but not limited to legal fees, arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) The Business’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

Supplemental Terms

57. Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

Amendments

58. The Business may amend the Terms related to the Services from time to time. Amendments will be effective upon The Business posting of such updated Terms at this location. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

Personal Information

59. Our collection and use of personal information in connection with the Services is as provided in The Business’s Privacy Policy. The Business may provide to a Third Party Provider, a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider (including a transportation network company driver) and such information or data is necessary to resolve the complaint, dispute or conflict.

60. The Business may provide to a Third Party Provider any necessary information for the Third Party Provider to perform the Services requested by you.

Confidentiality

61. Confidential information (the "Confidential Information") refers to any data or information relating to the Client, whether business or personal, which would reasonably be considered to be private or proprietary to the Client and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.

62. The Business agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which The Business has obtained, except as authorised by the Client or as required by law. The obligations of confidentiality will apply during the term of this Agreement and will survive indefinitely upon termination of this Agreement.

63. All written and oral information and material disclosed or provided by the Client to The Business under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Contractor.

SMS and Email service

64. By creating an Account, you agree that The Business may send you informational text (SMS) messages or emails as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages or emails from The Business at any time by replying STOP to the phone number sending the SMS messages or by replying STOP to the email address sending emails to you. You acknowledge that opting out of receiving text (SMS) messages or emails may impact your use of the Services.

Governing Law

65. It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of New South Wales, without regard to the jurisdiction in which any action or special proceeding may be instituted.

Assignment or transfer

66. You may not assign or transfer these Terms in whole or in part without The Business’s prior written approval. You give your approval to The Business for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of The Business’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, The Business or any Third Party Provider as a result of the contract between you and The Business or use of the Services.

Severability

67. If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”

Titles/Headings

68. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement

General Enquiries

69. All enquiries can be directed to 0477 666 121 or email customersupport@ridenrelax.com.au