LIMO TRANSFER TERMS AND CONDITIONS

Last updated: 01-08-2022

Table of Contents

1. Welcome
2. Important Notices
3. Definitions
4. Contractual Relationship between Us
5. Travels, Payment, and Service Fee
6. Booking Confirmation
7. Booking or Registration Requirements
8. Services Facilitated by us
9. Interactions with Others
10. Customers' Obligations
11. Fares & Charges
12. Administration Fees
13. Receipt of Purchase
14. Child Seats, Baby Seats, and Special Needs
15. Airport Tolls, Pickups, and Parking Fees
16. Booking, Charges and Cancellation Policy
17. Disputes between Driver and Customer
18. Cancellation charges for Transfer Travels and hourly charged Travels
19. No Show Travel delays/cancellation (for non-Flight events)
20. Travel delays/cancellations due to Flight-related events (for airport pickups)
21. Types of delay/standby charge
22. 22) Booking Cancellation by Driver
23. Insurances
24. Intellectual Property Rights
25. Interactions with Other Users
26. Disclaimer
27. Limitation Of Liability
28. Forceability
29. Refunds
30. Dispute Resolution
31. Place of Jurisdiction
32. Complaints

1. Welcome

Thank you for choosing the Limo Transfer website and services. The Limo Transfer service is a global technology platform (web-based) that connects global transport providers (Drivers) and customers (Service Users), both parties are referred to as "Users" via the website accessible at www.limotransfer.com.au supplied by Limo Transfer Pty Ltd ("Company", "we", "us" and "our"), with registration number: ABN 60 612 332 484, and registered office at Point Cook, Victoria 3030, Australia. If you have any concerns or complaints about any section of this terms, please send us a message via our email: bookings@limotransfer.com.au.

Limo Transfer facilitates its Users to book travel and transportation services on its web-based platform and including other associated platforms and/or websites or through mobile devices or directly through the telephone offered by Limo Transfer. The Limo Transfer platform do not provide transportation service directly but acts as a facilitator for a travel and transportation Service provided by a service provider (Driver), and not as a direct travel and transportation service provider.

These Terms and Conditions are part of every agreement or contract between the Service users' and Limo Transfer. Please ensure to read them carefully before you proceed.

2. Important Notices

By using or visiting any of our platform (“Site”, “Service”), you acknowledge that you have read, understand, and agree to all the conditions of this Agreement, including our Privacy Policy (“Privacy Policy”) incorporated herein by reference. This Agreement and our other Policy are subject to the Australian Federal Privacy Act 1988 and European Union best practice provisions of the European Union (“EU”) General Data Protection Regulation (“GDPR”), and other applicable privacy laws. Under the GDPR, we are a data “Controller” and you are a “Data Subject” with certain protected privacy rights concerning your “Personal Data.” Personal Data may also be referred to as Personally Identifiable Information (“PII”).

3. Definitions

"Users or Service Users", "You", "Yours", "Customer", and "Service Providers" means a person who has signed up and is registered with Limo Transfer Platform to use the Service.

"Driver" means a person who is registered with Limo Transfer platform as a Driver to provide transportation services to the customers. The Driver is not an employee of Limo Network Pty Ltd but an independent entity.

"Vehicle" means the means of transportation owned and licensed for use by a Driver to provide Transportation to customers.

"Taxi" means a Vehicle (as described above) that has a meter installed to regulate each fare.

"Hire Car" means a Vehicle (as described above) that does not have a regulated fare meter installed.

"Service" means the use of the Limo Transfer Transportation facilitator services accessed online via the Limo Travel website and application.

"Application (web-based application)" is mobile software, owned and operated by Limo Network Pty Ltd. for the dispatch of ground transportation services to the Service User.

"Website" means the website accessible at www.limotransfer.com.au.

"Booking" means the process of booking a travel and transportation service through the Limo Transfer platform.

4. Contractual Relationship between Us

Limo Transfer facilitates travel and transportation services exclusively via its website. Limo Transfer does not directly provide travel and transportation services, we merely offer a platform for the Service Users to connect and facilitate travel and transportation service provided by a Driver independent of Limo Transfer.

Limo Transfer makes all necessary arrangements with the Driver in its name, to provide the Service User with an entitlement to a carriage. This means Service Users are required to purchase travel and transportation services and other claims directly from the Driver and not Limo Transfer. All details of the Driver shall be communicated on the platform for the Service User. The Service User agrees to use the Limo Transfer platform only as an intermediator and not as a transport service provider. The Service User (Driver and Customer) agrees that Limo Transfer shall receive a compensation claim for every successful travel and transportation service via the platform which is made up of arrangement fees and the advance payment made by Limo Transfer to the Driver.

The Customer agrees that by submitting a completed booking form via the website or mobile application ("Travel Request") or by telephone to Limo Transfer, the Customer makes an offer for the conclusion of an arrangement agreement. The objective of this agreement is to facilitate the travel or transportation service to meet the Customer's Travel Request.

5. Travels, Payment, and Service Fee

For every successful fare, Limo Transfer will charge a fare, to process your booking and accept your payment. Any Payment and Service Fee charged by Limo Transfer will only be in the capacity (as a merchant), and not as an agent for any other party.

Payment and Service Fees cover a range of services, costs, and fees charged with your booking, shall cover among other things to provide the site and services.

6. Booking Confirmation

To confirm your booking, Limo Transfer will send the Customer an email confirming the receipt of the Travel Request for the travel or transportation service which is to be arranged. The arrangement agreement comes into effect only through a separate booking confirmation email which will include the Driver's contact and vehicle details provided by Limo Transfer. Consequently, the Customer is entitled to directly demand transportation services from the Driver.

7. Booking or Registration Requirements

When booking for a Travel Request, you will be asked to provide certain data to complete your booking and registration. The Service User agrees to provide only true, correct, and up-to-date information to Limo Transfer.

8. Services Facilitated by us

We facilitate Transfer Travels, Event Bookings, and Hourly Bookings: We offer Customers the possibility to choose between event booking, transfer Travel, or hourly bookings Travels while booking a Travel request. The Customer agrees to an additional charge depending on the travel services requested or changes requested to an existing travel request, which will be communicated to the customer on the site or application.

The customer agrees that changes in Travel Arrangements are subject to the availability of a specific Driver if he will be able to accommodate such requests. The Customer agrees that all changes have to be pre-approved and agreed upon by the specific driver. All additional charges will be charged as defined herein.

1. Transfer Bookings: For transfer services, the price quoted at the start to you will be valid until variation is requested to change routes or time, please be aware that, such variation will incur additional charges subject to the "Booking Amendment Policy and Charges" section of this Terms.
2. Hourly Bookings: For hourly booking requests, the trip usually ends in the same or closest area to starting suburb of a specific pickup location. An hourly booking usually starts at the pick-up time confirmed upon booking. If the trip finishes early, the usual pre-paid amount will be charged. If the trip ends later than the pre-booked hourly hire period, charges will apply to the closest half-hour period. Additional costs related to Amendments and Cancellations are covered in the "Booking Amendment Policy and Charges" section of these Terms and Conditions.
3. Events Booking: Events bookings may be for both legs of travel or single leg only. Different higher rates may apply for special events and will be displayed on the Website. An event booking always starts at the pickup time confirmed upon booking. If variations are made to the route or times related to the event booking additional charges will apply under the "Booking Amendments Policy and Charges" section of this Terms.

9. Interactions with Others

We and our representatives are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other user, person or driver ("your interactions with others"). You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others.

10. Customers’ Obligations

1. The agreements described herein (collectively, the "Agreement") constitute a legal contract between the Service User and Limo Transfer. (The "Company" or " or "We", "Us" or "Our").
2. To use the Service the Customer agrees to the agreements, Terms, and General Conditions of the Contract comprised herein.
3. Access to the Limo Transfer website and any other Limo Transfer web-based applications is free of charge. You must be registered with Limo Transfer to access our services. Limo Transfer will use the data provided as described in our Privacy Policy.
4. By using or accessing the Service, the Customer expressly acknowledges and agrees to be bound by the Terms of this Contract, and any future changes and additions to this Agreement as published and updated from time to time at the Limo Transfer website (www.limotransfer.com.au).
5. The Customer warrants that all data provided to Limo Transfer is accurate and complete. Limo Transfer reserve the right at any time to verify the information that the Customer has provided at its own discretion.
6. The Limo Transfer service is entitled at any time to refuse the Service or withdraw the use of the Web-based Application at his own discretion.
7. You will not impair the proper operation of the website and services;
8. You will refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation;
9. You will not try to harm the Service or Website in any way whatsoever;
10. You will not copy, modify or distribute the Limo Transfer website content or other Limo Transfer materials, without written permission;
11. You will provide us with only true and genuine proof of identity we may reasonably request;
12. You will not use the Website or any part of it for any resale or commercial use of the services on offer or its contents, except with the express written consent of Limo Transfer.
13. You will not use any data mining robots or other data gathering/extraction tools.
14. You will not collude with a Driver to defraud Limo Transfer of its commission by attempting to bypass payment systems and dealing outside the platform.
15. You will comply with all applicable, state, local, and federal laws of your, country, state, and city in which you are using the Limo Transfer website or Service;
16. You agree that Limo Transfer does not own any vehicle and is not a transportation carrier. It is the responsibility of the third-party transportation providers, Drivers, or vehicle operators to provide the transportation services requested by the Customers' on the Limo Transfer platform.
17. You will not use the Service to cause nuisance, annoyance, or inconvenience to others;
18. You will not impair the proper operation of the website and services;
19. Limo Transfer does not own any vehicle and is not a transportation carrier. It is the responsibility of the third-party transportation providers, Drivers, or vehicle operators to provide the transportation services requested by the Service User using the Limo Transfer web-based Application. Limo Transfer takes no responsibility or liability for providing the transportation services. Limo Transfer offers information and methods to obtain such third-party transportation services and facilitates payments;

11. Fares & Charges

While the Limo Transfer will endeavor to provide you with a driver and Vehicle of your choice if your choice is not available, other options will be offered to you via the website or platform. The customer authorizes Limo Transfer to automatically deduct the payment for the Hired Car, before or after a journey (as described on the website) using the [credit, debit] provided by the Customer during registration. You agree that we may undertake authorization checks on the card at our discretion. The total charge includes GST [Good and Service Tax] or any other Value added taxes.

The fare estimation provided on our website is a fixed amount and will include any extra services or special requirements specified at the time of making the Booking. Variations to the bookings may lead to changes to the final fare under these Terms.

12. Administration Fees

Limo Transfer deducts an administration charge of 25% (includes GST) of each fare which is included in the Customer/Traveller fare charges. In the event of any cancellation, you agree that these administration fees will not be refunded.

The administration charge shall cover the following:

• All Bank charges associated with a credit card verification, pre-authorization, and processing of credit card payments.
• Website and mobile application maintenance fees and database management fees associated with each booking and cancellation request.
• PPC advertising expenses, related to each booking request.
• Cancellations related to third-party bookings.
• Other miscellaneous charges

13. Receipt of Purchase

A receipt of the fare charged to you will be provided in your invoice as a consolidated charge and will be non-refundable. Funds need to be available on your card now otherwise Travel confirmation will not take place.

14. Child Seats, Baby Seats, Luggage Trailer and Special Needs

Limo Transfer provides Baby Capsule, Seats, Baby Seats, Luggage Trailer and Special Needs services with conditions for requesting such as support for folding Wheelchairs. -Please be aware that Limo Transfer Drivers do not provide foldable wheelchairs but can provide support to Customers that use their foldable wheelchairs.

Once a Customer's booking have been confirmed for special needs or baby and child seat services, the Customer agree to contact the driver directly to confirm the requests. In the event that the Driver does not provide such services, after a request has been created and confirmed by the Driver, the Customer agree to waive Limo Transfer for any inconveniences, (direct or indirect losses), delays, and the like, due to non- delivery of such services to the Customer.

Should there be any complaints during the special needs services, such as damage to Vehicle, Wheel chair and the likes, the Customer also agree to waive Limo Transfer of any losses, expenses or any other complaints whatsoever. The Customer and Driver agree to resolve the issue between themselves.

15. Airport Tolls, Pickups, and Parking Fees

There shall be no additional cost added, for Hire Car meet and greet services for airport pickups. However, waiting charges ($2.00 per minute) shall apply for delays beyond 20 minutes of the nominated pick up time.

All fare offered on the website for Hired Cars includes tolls, parking fees, meet and greet charges are pre-booked ’Time Bookings’.

16. Booking, Charges and Cancellation Policy

The Customer reserve the right to cancel a booking only when the service is yet to begin but agree to be subjected to certain cancellation conditions as described below.

Once the Travel or Transportation service has begun and payment automatically deducted the Customer will not be able to cancel (since the service has already been provided) and no refunds will be considered.

The Customer agree that payment will be deducted automatically, once a service has been successfully booked, and confirmed by Limo Transfer system.

17. Disputes between Driver and Customer

If a customer have any dispute or complaint in relation to the services provided, then we strongly encourage you to first contact the driver directly to come to an agreement/dialogue. If both parties are unable to come into a dialogue, then the Customer can send Limo Transfer a Complaint message and we will consider resolving the dispute through alternative dispute resolution procedures.

18. Cancellation charges for Transfer Travels and hourly charged Travels

The following are cancellation charges for Transfer Bookings, Hourly Bookings and Event Bookings.

19. Pick Up delay policy (No Show Travel delays/cancellation)

• In the event of Flight delays, due to flight-related events, the Customer will be provided the Travel or transportation service at no extra cost. The Driver agrees to monitor and will always be available for pick up at the specific location.
• Customers agree to be charged for delay/stand-by costs caused for missing the scheduled flight or similar events attributable to the Customer's negligence.

20. Travel delays/cancellations due to Flight-related events (for airport pickups)

• In the event of Flight delays, due to flight-related events, the Customer will be provided the Travel or transportation service at no extra cost. The Driver agrees to monitor and will always be available for pick up at the specific location.
• Customers agree to be charged for delay/stand-by costs caused for missing the scheduled flight or similar events attributable to the Customer's negligence.

21. Types of delay/standby charge

• Any delay less than 20 mins of the scheduled pick-up time, will attract no Additional Charge.
• Any delays more than 20 mins of the scheduled pick-up time, will attract an additional charge, which will be multiplied by $2.00 per minute.

22. Changes To Booking, Charges And Amendment Policy

23. Insurance

Each Driver agrees to be responsible for having appropriate vehicle insurance, that will cover various aspects of a service, risks, and responsibility. For more information, please contact the specific Driver to obtain all applicable insurance details.

You agree that Limo Transfer will not be responsible nor liable to the Driver or the Customer in the event of any incident that may occur during the service provision. For any disputes or complaints, please see "Disputes between Driver and Customer Section".

24. Intellectual Property Rights

All content on this Site, including but not limited to Images, texture, background, objects, graphic elements, and related metadata (collectively the " Content"), as well as the selection and arrangement of the the Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any Content violates such laws and this Terms of Use. Except as expressly provided herein or in a separate license agreement between you and us, we do not grant any express or implied permission to use the service or any Content.

25. Interactions with Other Users

You assume all risk when using the Services, including but not limited to all risks associated with any online or offline interactions with others. There is no substitute for acting with caution when communicating with any driver who you intend to use its service. You acknowledge that, currently, we do not routinely screen our users, inquire into the background of our users, attempt to verify information provided by our users or conduct criminal screenings of our users. However, we reserve the right, in our sole discretion, to conduct such inquiries. You further acknowledge that we are under no obligation to conduct any such investigations. We do not make any representations, warranties or guarantees as to the conduct of its users, information provided by users, or their compatibility with you.

26. Disclaimer

Your use of this website and services is at your own risk. We will not be liable for any direct, indirect, incidental, or consequential damages or loss arising out of your access to or use of this services. We will not be liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with, Use of, or inability to use our Site/Services; or Use of or reliance on any content displayed on our platform.

27. Limitation Of Liability

In no event shall Limo Transfer and/or its licensors be liable for any indirect, special, punitive, exemplary, consequential, incidental, or other damages of any type or kind including loss of data, personal injury, loss of revenue, and profits, use or other economic disadvantages. Limo Transfer does not guarantee that its Website or services will always be available or uninterrupted. Limo Transfer reserves the right to withdraw or modify the services or some features without notice to you.

You also agree that Limo Transfer shall not be responsible for Failure to provide Limo Transfer facilitated travel services or our failure to meet any of our obligations under these Terms, where such failure is due to events beyond our control.

28. Forceability

As a user of the services, you agree that:

• Limo Transfer will not be responsible for the behavior, actions, or inactions of Drivers that you may use (which has been facilitated by the Limo Transfer Website).
• You also agree that any contract for the provision of services is between you and the Driver and not Limo Transfer.
• You agree that Limo Transfer is not responsible for Drivers canceling any booking already confirmed and notified to you. Notwithstanding Limo Transfer will endeavor to provide an alternate Driver / Vehicle, Limo Transfer is not liable to you under whatever conditions.
• Limo Transfer may introduce the Service User to third-party transportation providers to provide transportation services. Limo Transfer will not be responsible to verify the suitability, legality, or ability of any third-party transportation providers and you expressly waive and releases the company from any liability, claims for damages arising from or in any way related to the third-party transportation provider.
• Limo Transfer will not be a party to disputes or negotiations of disputes between the Service User and any third-party providers. The company cannot and will not play any role in managing payments between the Service User and the third-party providers.

You also agree that the quality of any services scheduled through the use of the site is entirely the responsibility of the third-party provider who ultimately provides such transportation services to the Customer.

29. Refunds

Your request for a refund of a Travel fare booked on Limo Transfer shall be governed by our Terms and Conditions and the consideration will be notified to you.

30. Dispute Resolution

This Terms of Use and the site activities shall be governed in accordance with The laws of Victoria Australia, without reference to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction in your location for any disputes with us arising out of your use of this site. You agree that if a dispute arises, parties will attempt to resolve the dispute with mediation or an online mediation service that is mutually agreed upon by all parties. The parties agree that their good faith participation in mediation is a condition precedent to pursuing other legal remedies. The successful party to any dispute resolution will be entitled to reasonable costs and fees incurred in resolving or settling the dispute, in addition to any other relief to which the party may be entitled.

31. Place of Jurisdiction

These terms and the relationship between you and the service shall be governed by and satisfied by The laws of Victoria Australia and the law of your jurisdiction, where you are using our site. However, ultimately it is your choice as to whether you wish to use our website.

32. Complaints

If you have any questions, support issues or complaints regarding the website and services or these terms, please send an email to bookings@limotransfer.com.au.

(Effective and Update August 1st, 2022)