1.             By engaging FLASHIMOS PTY LTD (“Flashimos”, “us”,”we”) to provide transfer or tour services, you (the “Client”, “you”) hereby acknowledge and agree to be legally bound by the following Terms and Conditions of Hire.

SECURITY, FARE AND METHOD OF PAYMENT

2.             Unless otherwise notified by Flashimos, all rates quoted and charged are:-

(a)           in Australian Dollars;

(b)           inclusive of GST;

(c)            do not include excess wait times or overtime surcharges; and

(d)           do not include costs incurred by Flashimos with respect to toll roads, bridges or tunnels.

3.             When booking a tour or transfer service with Flashimos, you must provide a valid credit card number (Visa or Mastercard are accepted) for the purposes of securing your booking against cancellation, no show, and vehicle damage/theft. At our sole discretion, returning clients with account numbers may be exempt from the requirement to provide a credit card number at the time of booking a tour or transfer service.

4.             Where the Client requires Flashimos to travel by way of a toll road, bridge or tunnel, the Client will incur extra charges in the amount equivalent to the costs of the toll(s) charged to Flashimos by the relevant local authority, company or organisation.

5.             Any alterations, adding of extra stops/pickups, changing the route, or requesting additional time with any of our vehicles will incur additional charges. The costs of any pre-arranged ancillary services will be detailed to the Client over the telephone or in writing at the time of the Client’s booking. In order to preserve discretion, where such ancillary charges are incurred on the day of hire the driver/chauffer of your vehicle will not caution you that further charges are being incurred. You must pay for all such charges at the conclusion of the hire by providing the driver/chauffeur with the required sum by way of cash or credit card (Visa, MasterCard and Bankcard). There are no EFTPOS facilities in any of our vehicles. Approved account holders may be exempt from this requirement at our sole discretion.

6.             A failure by the Client to render payment in accordance with any agreement entered into between the Client and Flashimos may result in Flashimos instituting legal action to recover any outstanding amounts owing by the Client. In the event that Flashimos is required to take such action, the Client agrees that it will be liable  for and pay Flashimos legal costs on an indemnity (solicitor-own client) basis.

CANCELLATION POLICY

7.             Bookings made through Flashimos and associated deposits are fully refundable where written notice of your cancellation is provided to us within forty-eight (48) hours of your original telephone or email booking.

8.             Where notice of your desire to cancel any booking is provided to us more than forty-eight (48) hours after your original telephone or email booking, a cancellation fee may be charged equivalent to twenty percent (20%) of the total cost of your tour or transfer service.

9.             Where you cancel your booking less than twenty-four (24) hours prior to the time arranged for your pick up for your tour or transfer service, or where you fail to show at the booked time for your tour or transfer service, any deposit paid is strictly non-refundable and you may be charged for the total cost of your tour or transfer service.

10.          All cancellations made by the Client will be confirmed by Flashimos in writing and a cancellation number will be issued to the Client denoting the time and date of the cancellation.

OVERTIME & EXCESS WAITING CHARGES

11.          Flashimos’ price for your tour or transfer service includes a gratuitous wait time of fifteen (15) minutes from the agreed time for client pick up from hotels, accommodations and residences and a gratuitous wait time of thirty (30) minutes when picking up clients from airports or other transportation centres including bus stations and train stations, etc.

12.          In the event that Flashimos is required to wait for you in excess of the gratuitous wait times indentified above at clause 11, you will be charged excess waiting fees at a rate of between $20.00 (varying based on the type of vehicle(s) you have hired) for every ten (30) minutes of part thereof. It is the Client’s responsibility to enquire with Flashimos’ booking staff as to the excess waiting charges that are applicable to the vehicle(s) which the Client has hired.

13.          Where you require Flashimos to provide you with services during public holidays , peak hour travel  between the hours of (8am-9am) & ( 5pm-7pm) or (the hours of 10:00pm and 5:00am, you are required to pay an overtime surcharge equivalent to twenty percent (20%) of the total cost of your tour or transfer service.

14.          In the event that additional charges are incurred by the Client for overtime surcharges or excess waiting charges, you must pay for such charges at the conclusion of the hire by providing the driver/chauffeur with the required sum by way of cash or credit card (Visa or MasterCard ) we will charge a surcharge of 2.5 % for any credit card transaction . There are no electronic EFTPOS facilities in any of our vehicles. Approved account holders may be exempt from this requirement at our sole discretion.

PICK UP & ARRIVAL TIMES

15.          Whilst Flashimos endeavors to honour its obligations to the Client with respect to the time agreed for pick up and arrival, it does not accept liability for any delay in the pick up time or planned arrival time arising out of unforeseen events including, but not limited to, instances of heavy traffic, vehicle breakdowns or inclement weather. Flashimos will not be held liable for any loss or damage associated with you missing an appointment, flight or any intrastate, interstate or international transportation connection of any sort.

16.          Where unforeseen events arise such as, for example, due to a vehicle breakdown, Flashimos reserves its rights to arrange for a substitute vehicle or vehicles to be provided which may not accord with the vehicle originally requested by the Client. In this event, Flashimos will make every effort and use all reasonable endeavors to provide the Client with the next most similarly featured vehicle to the vehicle originally requested by the Client or, at Flashimos’ sole discretion, its next higher grade vehicle at no additional cost to the Client.

VEHICLE DAMAGE & THEFT

17.          The Client is responsible for any damage or theft caused or contributed to by the Client or the Client’s invitees or guests to any of our vehicles.

18.          In the event that damage or theft is caused to any of our vehicles including, but not limited to, spilt drinks, soiling of seats, mud/dirt tracked onto carpet, broken glass, broken DVD screens, broken lights and tears to upholstery, you hereby accept all such liability and authorise Flashimos to debit your credit card for the full cost of rectifying the damage or replacing the stolen item (as applicable) or otherwise recover the full costs of such rectification or replacement from you.

19.          In the event that you leave any of the interiors of our vehicles in a soiled or otherwise dirty condition, you may be charged a cleaning fee in the sum of $150.00 and you hereby authorise us to debit your credit card accordingly or otherwise recover the aforementioned sum from you.

20.          In the event that you or your invitees cause for damage or theft to occur to any of our vehicles or items contained therein, we may at our sole discretion terminate the agreement entered into between the Client and Flashimos without refund and we may indefinitely prohibit you and your invitees from hiring from us again in the future.

CONDUCT

21.          The Client is required to comply with all laws of any relevant authority and is expressly prohibited from engaging in the following while inside or within close proximity of our vehicles:-

(a)           Smoking;

(b)           Use of illicit or illegal drugs/narcotics;

(c)            Providing alcohol to any of the Client’s invitees who are under eighteen (18) years of age; and

(d)           Removing open alcohol from our vehicle(s).

22.          The Client and its invitees are required to refrain from offensive and/or unpleasant language, behaviour and conduct at all times during a tour or transfer service. Where offensive behaviour (irrespective of who it is directed towards) is detected by our drivers/chauffeurs, we may immediately terminate the tour or transfer service without refund.

RELEASE & INDEMNITY

23.          The Client acknowledges and agrees that, upon booking a tour or transfer service through Flashimos, he/she/it releases Flashimos from any liability with respect to any injuries, loss or damages which may be sustained by the Client in the course of the provision of services by Flashimos including any loss associated with late arrival or pick up of the Client resulting from unforeseen events including, but not limited to, instances of heavy traffic, vehicle breakdowns or inclement weather. Flashimos will not be held liable for any loss or damage associated with the Client missing an appointment, flight or any intrastate, interstate or international transportation connection of any sort.

24.          The Client unconditionally agrees to fully indemnify Flashimos and all its servants, agents, clients and employees against any injury, damage or accident that may be sustained by the Client during the provision of services by Flashimos.

SAFETY

25.          Your safety while travelling with us is of paramount importance. For this reason, we will gladly supply a baby seat for your infant (on prior request) at an additional fee and reserve the right to reject the transfer if prior notice is not given to Flashimos of any infant under the age of 7yrs .

26.          It is compulsory, and a condition of service, for the Client and all passengers to wear seat belts whilst travelling in our vehicles. The law states that the wearing of fitted seat belts is compulsory and you must adhere to this requirement at all times while the vehicle is in operation without exception.

SEVERANCE & VARIATION OF TERMS

27.          The terms and conditions of hire contained herein may not be varied or otherwise altered by any of our staff without our express written approval.

28.          If it is held by a court of competent jurisdiction that any part of the terms contained herein are void, voidable, illegal or unenforceable or that these terms would be void, voidable, illegal or unenforceable unless any part of this document were severed, then that part of these terms and conditions of hire will be severed from, and will not affect or derogate from, the enforceability or validity of the parties’ rights or obligations or the continual operation of the remainder of these terms.