Terms and Conditions
When you book or pay for any of our goods or services, you agree and accept that these terms and conditions apply. Please read them carefully to understand your obligations in full.
This agreement is made with Mark Ackerly and Dana Durovic in Tasmania as trustees of the Ackerly & Durovic Family Trust ABN 25 194 920 686.
This agreement is governed by the laws of Tasmania.
You confirm and agree that all information provided by you, including your contact details, is true and correct.
If you ask us to provide a vehicle and driver for you, we will:
- provide a premium vehicle that is modern, clean, safe and roadworthy;
- allow up to 30 minutes of free waiting time when collecting you at airport and cruise ship terminals (beginning from the moment the plane lands or the boat docks, even if this is after the scheduled arrival time), and up to 15 minutes of free waiting time when collecting you from other locations; and
- provide a driver who meets all statutory requirements to provide the services. We also require our drivers to comply with our Driver Policy.
You agree that we may charge you additional amounts for:
- waiting time exceeding the periods referred to above; and
- multiple stops that you request during a journey booked as a single stop.
You also agree that if our driver cannot contact you within any applicable waiting time, our driver may leave, in which case the full amount paid is non-refundable and you must pay any additional charges accrued in accordance with this agreement (such as for waiting time).
Because our vehicle services are classified as pre-booked, we must provide appropriate restraint devices for all children under 8 years old travelling with us. You agree and confirm that when you booked the vehicle services with us you provided us with the number and ages of each passenger under 8 years old. If you have done so, then we will pre-fit our vehicle with the appropriate restraint devices. The terms and conditions of the next section apply to any such devices.
If you hire equipment from us:
- the equipment will conform to all applicable Australian safety standards and will be modern, clean, and in good working order; and
- if the equipment needs to be installed into a vehicle by us, it will be installed in accordance with its instructions and by trained personnel.
You agree that:
- you will care for, use, and return the equipment in the same condition as it was in when we provided it to you, subject to fair wear and tear. Fair wear and tear includes light marks easily removed by vacuum or general cleaning, but does not include marks or dirt etc that require more work than that to remove;
- you will return the equipment by the agreed date and time; and
- we may charge you additional amounts in respect of any damage caused to the equipment, for cleaning the equipment, if you return the equipment late, and if we have to collect the equipment.
If you fail to return the equipment on time, and you fail to comply with a demand by us to you to return the equipment, we may:
- recover and repossess the equipment where and when it is found. You authorise us to enter any premises owned or occupied by you to recover or repossess the equipment and you agree to make all reasonable efforts to obtain the right for us to enter any premises to recover and repossess the equipment; and/or
- deem the equipment stolen and report it stolen,
and you will be responsible for any and all loss we incur including loss of rental income, any charges incurred to recover the equipment, and any other losses or expenses related to the incident.
You agree that you will pay us the amounts due in accordance with this agreement. Those amounts include (without limitation):
- waiting time in excess of the free periods, which will accrue in 5 minute increments;
- multiple stops not booked as such;
- the cost of repairing or replacing (at our discretion) any equipment damaged during your hire of it;
- the cost of cleaning any hired equipment if it is returned dirty (exceeding fair wear and tear); and
- late fees if hired equipment is returned late.
You authorise us to:
- reserve credit or obtain authorisation on your credit, debit or charge card (Card) for the amount and the expected cost of the services we will provide plus a security deposit or such other amount advised at the time of the booking if you hire equipment from us; and
- charge the Card with any amount that you owe us under this agreement up to 60 days after the later of the vehicle service or the return of any hired equipment. If the Card is not in your name, you guarantee that we have the authority to charge the Card under this agreement.
Amounts due to us under this agreement are payable immediately after we render an invoice to you for them. We may render our invoices by email to the address you provide to us.
Amounts referred to in this agreement and on our website and other documents exclude GST unless otherwise specified.
Our invoices will show our costs and charges exclusive of GST, and will separately itemise any applicable GST. You must pay any such GST.
Cancellations and variations
We recognise that sometimes plans change and that this may mean you need to cancel or vary your booking with us. However, if you do, we incur a cost which we need to cover. Accordingly, we will refund you 90% of your payment if you give us sufficient written notice of a cancellation:
- for a special event – more than 7 days notice; and
- for an ordinary booking – more than 24 hours notice,
before the collection (or, in the case you are only hiring equipment, delivery) time.
If you cancel on less notice, or no notice (including a failure to be at the collection point within 30 minutes of the collection time), then you will not be entitled to any refund.
If you wish to vary your booking with us, we will make all reasonable efforts to accommodate you if you give us the same amount of notice as set out above in respect of cancellations. However, if we cannot accommodate you, or if you give us insufficient notice of your request, then the request will be deemed to be a cancellation and the relevant refund provisions will apply.
It is possible, although extremely unlikely, that we may have to cancel your booking (for example, because of an accident on the way to a collection). If so, we will give you as much notice as possible, and refund your payment in full.
You have rights against us under various consumer protection laws that we cannot exclude or limit (Consumer Law Liability). Except for Consumer Law Liability, you agree that we have no liability to you under this agreement for indirect or consequential loss, loss of profits, or loss of opportunity. Without limiting our Consumer Law Liability, our total liability to you under this agreement is capped at the amount paid by you to us for the goods or services provided by us relevant to your claim.
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