Terms and Conditions
Bradewell Pty Ltd trading as Broome Private Taxis (BPTa) and Broome Private Transit (BPTr)
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR ATTENTION IS SPECIFICALLY DRAWN TO THE LIABILITY, INDEMNITY AND DISCLAIMER PROVISIONS BELOW, WHICH HAVE BEEN DRAFTED FOR THE REASONABLE AND PROPER PROTECTION OF THE ‘COMPANY’ (AS DEFINED BELOW)
1. Application
By placing a booking with the Company, the Customer acknowledges and agrees that the Customer has read, understood, and agreed to these Terms and Conditions.
These Terms and Conditions will apply regardless of whether the relevant agreement formed is oral, written or conduct based (or a combination of these things) and will apply immediately on the Company accepting a booking via the Company’s booking system.
2. Defined terms
In the following terms and conditions:
1. ‘Agreement’ means the agreement formed on the Company’s acceptance of the booking made by or on behalf of the Customer and, for the avoidance of doubt, specifically incorporates and includes these Terms and Conditions;
2. ‘Company’ refers to any one or more of BPTa and BPTr’s, subsidiaries, employees, agents, contractors, authorised representatives, brands, or identities under which the company may trade;
3. ‘Customer’ means the person or persons utilising the services provided by the Company;
4. ‘Agent’ means any person, organisation or legal entity making the relevant booking with the Company or undertaking any action on behalf of the Customer; and
5. ‘Driver’ refers to the driver, the vehicle crew or supplier of the vehicle in which the relevant services are provided under the Agreement.
3. Booking by Agent
Where the relevant services are procured on behalf of the Customer by an Agent, the Agent:
(a) guarantees the performance of the Customer’s obligations under the Agreement as if the Agent were principally liable as the Customer; and
(b) will remain fully responsible, and indemnify the Company, for the acts and omissions of the Customer and any additional costs incurred by the Company during the performance of the Agreement, irrespective of whether the Agent travels.
4. Nature of Services
The Customer acknowledges and agrees that the Company provides a vehicle booking and management service, working closely with drivers licensed by the appropriate licensing authority in the relevant jurisdiction or State. The Company manages the booking process, allocation of bookings to Drivers and the overall quality of the service provided to customers. Drivers are responsible for providing vehicles and remaining fully compliant with the terms of their operating license and with the Company’s service quality standards.
5. Consumer Guarantees
To the maximum extent permitted by law, any conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or common law imposing any liability or obligation on the Company are excluded under these Terms and Conditions. However, if a supply under these Terms and Conditions is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law (as contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth)), then nothing contained in these Terms and Conditions excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the maximum extent that the Australian Consumer Law permits the Company to limit its liability, then the Company’s liability is limited to:
(a) in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
(b) in the case of software or other goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
Except in the case of a ‘major failure’ (as that term is defined in the Australian Consumer Law), the Company can elect as between the remedies set out in this clause.
6. Liability
The Customer and the Agent must indemnify, and keep indemnified, the Company and the Driver from and against any liability, loss, damage, cost or expense (including, but not limited to, reasonable legal costs on a full indemnity basis) whatsoever and howsoever, whether directly or indirectly, and whether or not foreseeable, suffered or incurred by the Company in respect of or in relation to or in connection with:
(a) any negligent act or omission of any one or more of the Customer and the Agent;
(b) any breach of the Agreement or any law by any one or more of the Customer and the Agent; and
(c) any act or omission of any one or more of the Customer and the Agent which may or does place the Company in breach of any law, government consent or contract the Company has with another party.
The Company’s aggregate liability in contract, tort or otherwise (including negligence), howsoever arising out of or in connection with this Agreement will be limited to the fees paid by or on behalf of the Customer in the 30-day period preceding the relevant claim.
Notwithstanding any other provision of this Agreement, the Company will not be liable to the Customer or the Agent for any Consequential Loss related to, connected with or arising out of this Agreement, howsoever arising. For the purpose of this clause Consequential Loss means:
(a) in the case of loss or damage resulting from a breach of contract: indirect, remote or unforeseeable loss; loss of profits; loss of revenue; loss or denial of opportunity; loss of access to markets; loss of goodwill; loss of business reputation, future reputation or publicity; damage to credit rating; loss of use; or any similar loss occasioned by that breach, whether or not in the reasonable contemplation of the parties at the time of entering into the Agreement as being a probable result of the relevant breach; and
(b) in the case of loss or damage arising from any tort (including negligence) - indirect, remote or unforeseeable loss and, in the case of pure economic loss, both loss flowing directly and loss not flowing directly from the commission of the tort.
7. Pricing and Quotations
All quoted prices are valid for a period of 14 days from the date of issue, subject to vehicle availability and can be withdrawn or varied with or without notice. Price changes may occur by reason of matters outside the Company’s control which increases the cost of the product or service. Such factors include adverse currency fluctuations, fuel surcharges, taxes, and other relevant cost increases. For up to date prices, please refer to the Company’s websites at www.broomeprivatetaxis.com.au or www.broomeprivatetransit.com.au.
Where an obvious error has occurred in relation to a quoted/accepted price, the Company reserves the right to advise the Customer of the error, provide a reasonable amended price for the Agreement and void the booking previously confirmed or accepted.
8. Payment
All money payable to the Company must be paid in full immediately online when confirming the booking unless expressly agreed otherwise by the Company in writing.
If any money is not paid in full at least seven (7) days before travel (or within such shorter period of time as may be nominated or agreed to in writing by the Company), then the Company may at its absolute discretion cancel the booking and terminate the Agreement without notice (either orally or in writing) and the full quoted balance will be due and payable by the Customer on demand.
9. Invoices
Where the Company has agreed to a credit arrangement or account facility with the Customer or the Agent, invoices will be issued in accordance with the agreed arrangements and may include additional charges for credit and payment charges. All invoices must be paid within seven (7) days from the date of the invoice unless otherwise agreed in writing.
Interest will accrue on all outstanding money due to the Company at the rate of 10% per annum, calculated from the relevant due date for payment until and including the date of final payment in full.
10. Booking Confirmations and Amendments
The Customer (and, where applicable, the Agent) must check all booking confirmation/s for accuracy and completeness and promptly communicate any errors found to the Company. The Company will not be liable for any incorrect booking confirmation where the relevant error/s have not been promptly notified to the Company.
All variations to the Agreement must be in writing and agreed to by the Company and will be subject to the Company’s absolute discretion.
11. Customer Service
Any complaints must be made in writing within 14 days of provision of the relevant service. The Company will not be required to investigate or respond to any complaints made after this period.
12. Cancellation
All cancellation requests must be made in writing by email and will be subject the terms of this clause. Subject to the Company responding to a cancellation request within a reasonable period of time, no cancellation request will be effective unless and until it has been acknowledged and agreed to by the Company via email.
All accepted cancellations will be subject to the following fees payable by the Customer:
10% of the total booking amount if cancelled more than 14 days from commencement of the relevant booking (plus an administration fee of $25.00).
25% of the total booking amount if cancelled between 10 and 14 days of commencement of the relevant booking (plus an administration fee of $25.00).
50% of the total booking amount if cancelled between 7 and 10 days of commencement of the relevant booking (plus an administration fee of $25.00).
75% of the total booking amount if cancelled between 3 and 7 days of commencement of the relevant booking (plus an administration fee of $25.00).
100% of the total booking amount if cancelled less than 3 days of commencement of the relevant booking (plus an administration fee of $25.00).
NOTE: the Company will be entitled to deduct the administration processing fee of $25.00 plus the applicable cancellation fee from the fully paid funds and the net balance (if applicable) will be refunded within 5 - 10 working days to the Customer’s account if the booking is cancelled in strict accordance with this clause. If no account details are available, an invoice will be created for the cancellation fee.
Cancellation of an event or holiday or “reason for travel” will not affect the Customer’s (or Agent’s) liability for the above cancellation fees.
13. Cancellation by the Company
In the event that the Company is unable to provide a vehicle or vehicles to meet all or part of the Customer’s booked requirements due to reasons of emergency, vehicle unavailability or any other reason, the Company will take all reasonable measures to provide a replacement or alternative solution. Where a replacement or alternative is not reasonably available or possible in the circumstances, the Company may at its absolute discretion terminate the Agreement. Where the Agreement is terminated under this clause, the Company will refund all money paid by or on behalf of the Customer and will not incur any further liability to the Customer.
14. Purpose of Journey
The Customer (and, where applicable, the Agent) must notify the Company at the time of making the relevant booking request if a booking request relates to a sporting event, music festival, political demonstration or rally or other significant or major event.
The Company may immediately terminate the Agreement either orally or in writing where the Customer or Agent has not complied strictly with this clause. Where the Agreement is terminated under this clause, all money paid to the Company will be non-refundable and may be retained by the Company.
15. Force Majeure
Except where expressly stated otherwise in these Terms and Conditions, the Company will not be liable in damages and neither the Customer nor the Agent will have the right to terminate this Agreement, for any delay or default in the Company performing hereunder if such delay or default is caused by conditions beyond the Company’s reasonable control including, but not limited to, Acts of God, government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections, strikes, failure of suppliers, subcontractors and carriers, bad weather, vehicle breakdown, traffic conditions and/or any other cause beyond the reasonable control of the Company.
The Customer and the Agent acknowledge and agree that the Company has recommended that the Customer and the Agent should insure against any journey time risks considered significant (e.g. commencement of a particular event).
16. Change of Vehicle
The Company reserves the right in its absolute discretion to subcontract another Driver to perform any services under the Agreement.
17. Passenger Conduct
It is incumbent upon the Agent and the Customer to behave in a proper manner for the duration of the Agreement. The Driver is responsible for the safety of the vehicle and as such may refuse to allow a passenger or passengers to board the vehicle or eject them from the vehicle if, in the Driver’s sole discretion, the Driver considers them unfit to travel for whatever reason (for example, being intoxicated, aggressive or abusive). The Driver may refuse to continue a journey if, in the Driver’s sole discretion, the Driver considers any passenger to be behaving in such a way as may compromise the safety of other persons, the contents of the vehicle or the vehicle itself.
In such event, at the Driver’s sole discretion, the journey may continue once the passenger or passengers have been removed from the vehicle but should passenger conduct result in summary termination of the journey, the Company reserves the right to cancel any other parts of a booking without liability to the either the Agent or the Customer.
18. Animals
With the specific exception of recognised assistance dogs, (which includes guide dogs), no animals are permitted to be carried on any vehicle, unless specific permission has been obtained in writing from the Company a minimum of five (5) working days prior to the commencement of the relevant journey (which may be given or withheld at the Company’s absolute discretion).
For the avoidance of doubt, a recognised assistance dog is one that has been specifically trained to assist a disabled person and that meets the accredited membership criteria of Assistance Dogs International/ANZAD, or other such bodies as may from time to time be recognised. An assistance dog trained by a member of Assistance Dogs International will have formal identification. Accredited Australian and New Zealand assistance dog organisations can be found at the website address: www.assistancedogsinternational.org
19. Severance
If any provision or term of these Terms and Conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be deleted but all other terms will remain valid.
20. Governing Law
The Agreement will be subject to and construed in accordance with the laws of Australia. The parties hereby agree to submit to the exclusive jurisdiction of the Courts of Western Australia.
21. Website Terms and Conditions
The Company makes available information, materials, and products on its website/s, subject to its website terms and conditions and privacy policy – which can be accessed via the following links:
