Terms and Conditions
Updated August 2023
Drivision Australia
Terms & Conditions
Banks, ACT, 2906 P: 1300 374 847
Table of Contents
PRECONDITION 4
PRICING 4
Pricing Quotes 4
Credit Card Surcharge Elimination 4
Additional Charges 4
Gratuities 5
REGISTRATION 5
Customer Profile 5
Credit Card Registration 5
FAVOURITE DESTINATIONS 6
FAVOURITE GUESTS 6
MAKING BOOKINGS 6
Airport Bookings 7
Regular Bookings 7
Urgent Bookings 7
Special Event Bookings 8
Special Vehicle Bookings 8
Online Bookings 8
Phone Bookings 8
Other Methods of Booking 8
Guest Bookings 9
BABY SEATS 9
WAITING TIME AND CHARGES 10
MEET & GREET 10
BOOKING HISTORY 10
EDITING BOOKINGS 11
Online Edits 11
Phone Edits 11
Other Modes of Booking Edits 11
Number of Edits per Booking 11
Time of Edit & Applicable Charges 11
CANCELLATION OF BOOKINGS 12
Regular Bookings 12
Special Events 13
Special Vehicles 13
CONNECTING WITH THE DRIVER 14
Driver Text Message 14
Designated Airport Pickup Points 14
Locating the Driver 14
NO SHOWS / ABANDONED TRIPS 14
Driver Not at Pickup Point 14
Customer Not at Pickup Point 14
Customer No Show after Authorised Waiting Time 15
Invalid Flight Number 15
LOST PROPERTY 15
DAMAGE 15
PAYMENT 16
RECEIPTS/INVOICES 16
Customers 16
PAYMENT COLLECTION FEES 16
DISPUTES 16
Corporate Client Credit Card Billing 16
Individual Clients Credit Card Billing 17
Provisions relating to all Disputes 17
THE RESPONSIBILITY OF THE HIRER 17
GST 18
PRIVACY 19
SITE-SPECIFIC PROVISIONS 19
GENERAL PROVISIONS 19
Precondition
It is a condition of using Drivision Pty Ltd ACN 661 923 431 (hereafter referred to as Drivision Australia) for ground transport services (Service) that you (customer) have reviewed and agree to these Terms and Conditions. These Terms and Conditions are posted on the Drivision Australia website, https://www.drivision.com.au (Site) and are subject to change from time to time at Drivision Australia’s discretion. It is the responsibility of customers and guest users of Drivision Australia services to familiarise themselves with these Terms and Conditions prior to each booking as they constitute a binding agreement between the customer and Drivision Australia in relation to the provision of all Services and may change from time to time.
Pricing
Pricing Quotes
Various pricing structures apply to bookings of Services through Drivision Australia(bookings). These include normal ’rack’ and peak rates, and rates applicable to special vehicle, event, or other specific customer requirements, and may include affiliate, and/or subcontractor charges or other disbursements.
Drivision Australia will, when quoting for Services, endeavour to secure the most attractive and competitive pricing in the circumstances. Pricing indicated via the automated pricing feature on the website are displayed to the best of the ability provided by the mapping tools utilised and Drivision Australia reserves the right to vary such prices at its discretion.
Instant online quotes can also be requested via the website but the same principles as pricing apply as outlined above. Please note, you may contact Drivision Australia by telephone directly on AUS 1300 374 847 to discuss your booking requirements, but no verbal pricing quotes will be given. You must secure the price online using the instant quote feature. Alternatively, you can email your requirements if they are not available via the website and Drivision Australia will submit a written quote if the service can be provided. This approach avoids any confusion or misunderstandings arising.
Credit Card Surcharge Elimination
Drivision Australia does not presently charge a surcharge for payment by credit card. We reserve the right to introduce credit card surcharges if circumstances warrant such charge.
Additional Charges
Additional charges may apply and are clearly outlined in the price guide link on the Site Homepage. It is a condition of using Drivision Australia that you agree to the application of relevant additional charges as outlined and regularly updated on our website.
Gratuities
Drivision Australia does not include any gratuities or non-disclosed fees or commissions in the quoted trip price. Any gratuity is at customer's sole discretion and is entirely a matter between the driver and customer. Drivision Australia is unable to facilitate or process the transfer of any gratuity by way of its credit card facilities or otherwise and takes no responsibility in relation to gratuities.
Registration
Customers may register with Drivision Australia online through the Site by way of a simple process, as outlined below. Once registered, customers are ‘members’ for the purposes of these Terms and Conditions and are referred to as such on the Site.
Customer Profile
To register, customers must complete a customer registration form including customer name and certain other personal details. Customers must create such profiles in their own name.
Customer profiles must also show the customer email address as the ‘Login Email’ and other relevant contact details are also required to be uploaded.
Registered customers are required to update profile information when relevant personal details change. Failure to update information which results in booking errors will be the responsibility of the customer, and where applicable full ‘no-show’ or cancellation fees may apply at Drivision Australia’s discretion.
Credit Card Registration
Customers are required to include as part of their registration details valid credit card details. This is completed by way of a link from the Site through a secure gateway, to payment gateway facilities operated by Stripe. Drivision Australia itself does not have access to and does not store customer credit card information.
Drivision Australia does not accept payment in vehicles and accordingly credit card registration is essential. If a customer fails to register credit card details in the manner described above the Site will not allow bookings to be made.
Credit Card details should be always updated and kept current. Failure to update credit card information which results in a charge error and subsequent need for Drivision Australia to manually process the relevant charge will attract a $15 administration fee.
Customers should register only their own credit card as part of customer profile details. Please note that customers are strictly prohibited from registering someone else’s credit card details in their profile. Strict laws and regulations govern the use of credit cards and using someone else’s credit card may constitute fraud or otherwise breach such laws and is strictly prohibited. Any customer found to be non-compliant with this requirement will have their account immediately suspended.
Favourite Destinations
Customers may store an unlimited number of easy access destinations by using the ‘Favourites’ function in their profile. Drivision Australia does not take any responsibility for the information provided. Customers should enter that information carefully and keep it always updated. Any incorrect or out-of-date information which leads to a booking error will be the full responsibility of the customer and full ‘no-show’ or cancellation fees may apply at Drivision Australia ‘s discretion.
Airports should never be saved as a favourite destination as mapping software regularly updates coordinates and digital descriptors related to airport locations and using an old “favourite” version of an airport may cause booking errors and pricing inaccuracies. Customers should always type airport required directly into the booking form field and select the first option that appears. Where domestic and international airports (such as Sydney) are in the separate terminals the system will prompt the user to select Domestic or International and map accordingly.
Favourite Guests
Customers may store an unlimited number of easy access guest profiles by using the ‘Guest Favourites’ function in their profile. Drivision Australia does not take any responsibility for the information provided. Customers should enter guest information carefully and keep it always updated. Any incorrect or out-of-date information which leads to a booking error will be the full responsibility of the customer and full ‘no-show’ or cancellation fees may apply at Drivision Australia ‘s discretion.
Making Bookings
Drivision Australia recommends that bookings be made as far in advance as practical to ensure a vehicle can be made available at the time requested. Drivision Australia will honour any booking made online or by telephone as outlined below, provided all these Terms and Conditions are met including providing Drivision Australia with correct booking details (including correct address and contact numbers) and valid credit card details at the time of booking.
All bookings confirmed by Drivision Australia by email may be taken by the customer to be accepted by Drivision Australia in accordance with these Terms and Conditions, provided that all details given by the customer at the time of booking, including credit card details, are correct at that time and remain so until the time of provision of the relevant Service.
Drivision Australia is unable to guarantee availability of a vehicle when a booking is made online or by telephone on short notice, or where no email confirmation of a booking has been given by Drivision Australia.
Airport Bookings
When making bookings for airport pickups it is essential that you include a valid flight number and indicate the scheduled arrival time of that flight as the pickup time. We offer substantial courtesy waiting times at both Domestic and International Terminals. Please see the section on waiting times for full details.
Client may vary the airport pickup time if they have meetings or other business to attend to at the airport terminal on landing. In any case where the pickup time on the booking is different to the flight arrival time, we will assume that the client has business to attend to and we will abide by the pickup time indicated on the booking sheet. In such cases the courtesy waiting time is the regular 10 minutes and in these cases, it will commence from the actual pickup time indicated on the booking sheet.
Regular Bookings
‘Regular’ bookings are for the purposes of these Terms and Conditions bookings for local luxury sedan transport made 8 hours or more prior to scheduled pickup time between 8am and 6pm AEDT daily. Regular bookings can be made either on-line at the Site (www.drivision.com.au) or by telephone (toll free AUS 1300 374 847 or +61 402 266 699).
IMPORTANT NOTE: On-line bookings are reviewed for placement continuously between 8am and 6pm (AEDT) every day. Online bookings made after 6pm are viewed for placement the following morning from 8am. Drivision Australia takes no responsibility for online bookings made after 6pm but before 8am AEDT the following day. Such bookings will be treated as having been made the following morning at 8am AEDT.
Drivision Australia will make every effort to place regular bookings and allocate a vehicle but reserves the right to reject a booking if an appropriate vehicle cannot be allocated.
Urgent Bookings
Urgent bookings are for the purposes of these Terms and Conditions any booking:
• made LESS than 8 hours from scheduled pickup time, or
• made after 6pm AEDT for a scheduled pickup between 6pm the same day and 10am the following day.
Urgent bookings should be made online and an immediate follow-up call must be made to the 24/7 contact number (toll free AUS 1300 374 847 or +61 402 266 699).
Drivision Australia will make every attempt to place the booking and allocate a vehicle. Drivision Australia also reserves the right to refuse an urgent booking if a vehicle cannot be allocated on short notice or out of ordinary business hours. Drivision Australia will endeavour to notify the customer either way in a timely manner.
Special Event Bookings
Bookings for special events (including concerts, sporting events and touring shows) are associated with a high demand for ground transport to/from the relevant event, including hire cars. It is strongly recommended that customers book ground transport for such events well in advance.
Drivision Australia will make every attempt to place the booking and allocate a vehicle but reserves the right to refuse a booking if an appropriate vehicle cannot be allocated.
Please refer to the ‘Cancellations’ section below for special cancellation conditions relating to special event bookings.
Special Vehicle Bookings
Bookings for special vehicles (including luxury European sedans, people movers or buses) should be made well in advance of the booking date.
Drivision Australia will make every attempt to place the booking and allocate the special vehicle(s) requested but reserves the right to refuse a booking if an appropriate vehicle cannot be allocated.
Please refer to the ‘Cancellations’ section below for special cancellation conditions relating
to Special Vehicle Bookings.
Online Bookings
Drivision Australia prefers customers to make bookings online. Online booking is the most efficient means of securing bookings for both customers and Drivision Australia and allows Drivision Australia to accurately capture relevant data and maintain an audit trail.
Phone Bookings
If the customer does not readily have online access a call can be made to our 24/7 call centre on 1300 374 847 and an operator can assist an existing customer with creating a booking.
Other Methods of Booking
All other methods of bookings (including email, text message and voice message) are not accepted by Drivision Australia, and Drivision Australia takes no responsibility for any bookings made in any manner other than by booking online or speaking with an operator via phone (AUS 1300 374 847 or +61 402 266 699).
Guest Bookings
Customers can easily make bookings for guests under their account:
• Customer logs in to his/her account and enters the guest details in the passenger details section of the booking form. A customer can store regular Guest details in the favourites file to make this process easier.
• Once the trip is taken, the applicable charge will automatically be made to the customer’s credit card and a receipt emailed showing the guest customer details. In this instance the customer takes full responsibility for charges incurred by or on behalf of the guest. Drivision Australia expects full payment directly from the customer whose profile was used and will not enter any payment negotiations with the guest customer(s).
These Terms and Conditions apply to all guest bookings.
Baby Seats
Drivision Australia can provide a baby or child seat for an additional fee of $25. Please be very clear about this requirement and specify the age of the baby/child at the time of booking. Please note that Drivision Australia can only arrange for one baby/child seat to be fitted to each sedan vehicle. If more than one baby/child seat is required, additional sedan vehicle(s) will need to be organised, or alternatively a ‘people-mover’ vehicle may be required (as appropriate and subject to availability). Vehicles with baby/child seats may be more difficult to source on short notice, and accordingly customers are encouraged to book as far in advance as possible when such seats are required.
Drivision Australia will make every attempt to secure a baby/child seat if one is required but reserves the right to decline a booking requiring a baby/child seat if that booking cannot be allocated to a vehicle fitted with a baby/child seat complying with Australian Standards.
If a booking is made without a confirmed baby/child seat and on pick-up a baby/child requiring such a seat is amongst the customer’s group, the driver must refuse the job and will contact a Drivision Australia operations manager immediately. In such instances, Drivision Australia will attempt to secure a suitably fitted vehicle on short notice with appropriate seating. If Drivision Australia is unable to allocate the job within a reasonable timeframe it reserves the right to cancel the booking and the full cost of the booking will be charged to the customer.
Waiting Time and Charges
Each scheduled pickup includes a free-of-charge courtesy waiting period as outlined below:
• 10 minutes for regular pickups from residential or office locations and train stations.
• 10 minutes for airport pickups where the pickup time is different to the flight arrival time (see Airport bookings for more information).
• 20 minutes for pickups from special events.
• 30 minutes for Domestic Airport pickups.
• 60 minutes for International Airport pickups.
For pickup from an office or residential address or a train station, the courtesy waiting period commences from the scheduled pickup time.
For pickup from an airport, the courtesy waiting period commences upon actual landing of the flight indicated in the booking.
Drivision Australia will charge for waiting time following expiry of the applicable courtesy waiting period. Waiting time (calculated on a per-vehicle basis) will be charged to the customer at the rate of $1.50 per minute for regular sedans and $2.50 per minute for Special Vehicles (see special vehicles section of these Terms and Conditions for a list of vehicles which fall under this category). Customer expressly consents to such amounts being added to the cost of the Service and undertakes to pay all such amounts and authorises Drivision Australia to charge fees for waiting time to the nominated credit card in addition to the agreed price of the relevant Service.
Meet & Greet
Drivision Australia offers a ‘Meet and Greet’ airport service at no extra charge. The allocated driver will be instructed to meet the customer at the limousine meeting point with a digital sign (mobile or tablet) indicating the nominated passenger’s surname. The driver will then escort the passengers to the designated vehicle location, assisting with luggage as required.
Booking History
Customers can access their booking history at any time via their member profile. Drivision Australia requests that all customers go to their booking history to locate information in relation to credit card statement charges in the first instance before contacting Drivision Australia. Customers can access all booking/trip history information and may also print copies of receipts/invoices directly from the booking history.
Editing Bookings
Online Edits
Customers should make every attempt to make all booking edits online. This is efficient for both the customer and Drivision Australia and allows Drivision Australia to capture relevant data and maintain an audit trail easily and reliably.
Phone Edits
If a customer does not readily have online access a call can be made to our 24/7 call centre for assistance (1300 374 847 or +61 402 266 699).
Other Modes of Booking Edits
No other methods of making booking edits (such as email, text message, voice message or communicating with drivers) are accepted by Drivision Australia, and Drivision Australia takes no responsibility for any edits purported to be made in any way other than online or by speaking to an operator by calling the Drivision Australia contact numbers (AUS 1300 374 847 or +61 402 266 699 for overseas callers).
Number of Edits per Booking
Each time a customer edits a booking a complex chain of events occurs to adjust the relevant booking details and re-organise the allocated driver and, in many cases, re-assign the booking. Drivision Australia requests all customers and those making bookings on their behalf to carefully consider their requirements before making or editing a booking.
Time of Edit & Applicable Charges
More than 4 hours before pickup time:
Drivision Australia will make every effort to accommodate booking edit requests, subject to the following conditions.
Drivision Australia will advise the allocated driver and endeavour to secure the same driver for the revised pickup time. If that driver cannot accommodate the change request due to other commitments, then Drivision Australia will attempt to reallocate the booking to another driver. If Drivision Australia cannot reallocate that booking, then Drivision Australia reserves the right to refuse and cancel the edited booking without any cost to the customer.
Less than 4 hours before pickup time:
Booking edits made less than 4 hours before the scheduled pickup time should be made online. Drivision Australia will make every attempt to accommodate all booking edit requests, subject to the following conditions.
Drivision Australia will advise the allocated driver and endeavour to secure the same driver for the revised time. If that driver cannot accommodate the change request due to other commitments, then Drivision Australia will attempt to reallocate the booking to a new driver. If Drivision Australia cannot reallocate that booking, then Drivision Australia reserves the right to refuse and cancel the edited booking and cancellation fees in accordance with the ‘Cancellation of Bookings’ policy outlined below will
apply.
Cancellation of Bookings
Regular Bookings
More than 4 hours before pickup time:
Bookings may be cancelled up to 4 hours before scheduled pickup time without incurring any cost.
Please note that Drivision Australia reserves the right to charge an administration fee of $15 at its discretion for each cancellation in circumstances where the relevant customer’s account shows a history of cancelled bookings. Customer acknowledges that such cancellations and associated administration consumes significant time and resources on the part of Drivision Australia, and whilst it is Drivision Australia’s intention to accommodate customers with a charge free cancellation window of 4 hours, it may charge for cancellations in such circumstances as reasonable compensation.
Any request for waiver of a cancellation fee must be made in writing to the Drivision Australia Managing Director (see the ‘Contact Us’ page on the Site for details) and must be made directly by the customer.
LESS than 4 hours before pickup time:
Bookings cancelled less than 4 hours before pickup time will incur the following charges:
Length of Notice from Pickup Time Charge (% of Trip Cost)
Less than 4 but more than 1 hour 50%
Less than 1 hour 100%
Drivision Australia requests that customers provide notice of any schedule changes well in advance to enable Drivision Australia to service its customers efficiently and to avoid unnecessary costs.
Customers acknowledge that the above late cancellation charges are a genuine and reasonable estimate of the losses Drivision Australia incurs in the context of late cancellations, having regard to the fact that Drivision Australia remains committed to honouring each job placed and to paying its drivers, who have committed (sometimes days in advance) to jobs that are ultimately cancelled. Drivision Australia can attract the best drivers in the industry because of its payment reputation and its commitment to its drivers.
Special Events
Special events (including but not limited to concerts, sporting events and touring shows) are associated with a high demand for ground transport, especially hire vehicles. Accordingly, hire vehicles for such special events should be booked well in advance of event dates. When a customer places a booking with Drivision Australia in connection with a special event, Drivision Australia takes that as a binding commitment which may mean rejecting bookings by others requiring ground transport for the same special event. All such bookings must be secured with a valid credit card by making the booking online as a registered customer.
Drivision Australia requires that customers holding bookings in connection with special events who need to cancel such bookings do so 7 days or more prior to the scheduled pickup time, either by calling our toll-free number (AUS 1300 374 847) or making the cancellation online.
If a booking in connection with a special event is cancelled with less than 7 days’ notice the customer will be charged the full quoted price of the booking.
Transfers (over 100km), hourly hire as directed or daily hire as directed:
Bookings may be cancelled up to 48 hours before scheduled pickup time without incurring any cost.
Please note that Drivision Australia reserves the right to charge an administration fee of $15 at its discretion for each cancellation in circumstances where the relevant customer’s account shows a history of cancelled bookings. Customer acknowledges that such cancellations and associated administration consumes significant time and resources on the part of Drivision Australia, and whilst it is Drivision Australia’s intention to accommodate customers with a charge free cancellation window of 48 hours, it may charge for cancellations in such circumstances as reasonable compensation.
Between 48 hours - 24 hours of the scheduled pickup time, the booking may be cancelled incurring a fee of 50% of the quoted fare. Within 24 hours of the scheduled pickup time, you will incur a fee of 100% of the quoted fare.
Customers acknowledge that the above late cancellation charges are a genuine and reasonable estimate of the losses Drivision Australia incurs in the context of late cancellations, having regard to the fact that Drivision Australia remains committed to honouring each job placed and to paying its drivers, who have committed (sometimes days in advance) to jobs that are ultimately cancelled. Drivision Australia can attract the best drivers in the industry because of its payment reputation and its commitment to its drivers.
Drivision has the right to waive any fees on a case-by-case basis.
Special Vehicles
Special vehicles (including luxury European sedans, people movers and buses) should be booked well in advance of trip dates and are secured based on an hourly rate. When a customer places a booking with Drivision Australia for a special vehicle it takes that as a binding commitment which may mean rejecting bookings by others requiring a similar vehicle, particularly during peak periods such as holiday, school formal or wedding seasons. All such bookings must be secured with a valid credit card by making the booking online as a
registered customer.
Drivision Australia requires that customers holding bookings of special vehicles who need to cancel such bookings do so 7 days or more prior to the scheduled pick-up time, either by calling our toll-free numbers (AUS 1300 374 847) or cancelling online.
If a special vehicle booking is cancelled with less than 7 days’ notice the customer will be charged the full cost of the booking.
Connecting With the Driver
Driver Text Message
All Drivision Australia drivers are obliged to send a text message to the passenger’s nominated mobile telephone number approximately 10 minutes prior to the scheduled pickup time. The text message will confirm the driver’s name, hire vehicle plate number and that the driver is waiting at the designated pickup point. Please ensure the nominated mobile telephone is switched on prior to pick up time. Customers are requested to check for the driver’s text message.
Designated Airport Pickup Points
The customer is responsible for familiarising him/herself with designated airport pickup points and being present at these points for all Drivision Australia airport pickups. The designated pickup points are outlined on the Drivision Australia website. You can access the details by clicking on the icon Finding Your Driver at the lower left-hand side of the home page www.drivision.com.au. Drivers will be waiting at these pickup points with a digital sign (mobile or tablet) with the customer’s name on it.
Locating the Driver
If a customer is unable to locate the allocated driver, customers are requested to contact the driver on the number identified in the driver’s text message and to attempt to locate the driver.
If customer does not receive a text message from the driver, please contact Drivision Australia before leaving the pickup point.
No Shows / Abandoned Trips
Driver Not at Pickup Point
If a customer cannot locate the driver at the pre-determined pickup point, the customer must not leave that point before calling Drivision Australia (toll free AUS 1300 374 847 or +61 402 266 699). Drivision Australia will attempt to connect the customer with the allocated driver or make alternate arrangements. If the customer leaves the pickup point without calling Drivision Australia the customer will be liable to pay the full trip cost.
Customer Not at Pickup Point
If a customer is not at the pre-determined pickup point at the pickup time and does not contact the driver within the courtesy waiting period (see the ‘Waiting Time and Charges’ section above) the driver will call Drivision Australia, which will then attempt to contact the customer on the customer’s designated mobile telephone, home telephone, or designated contact person's telephone (in each case depending on the nature of the Service booked). If such contact does not result in prompt pickup of the customer, then Drivision Australia will release the vehicle and driver from the relevant booking and the customer will be liable for the full trip cost.
Customer No Show after Authorised Waiting Time
If a customer has authorised and agreed to pay a waiting fee prior to pick up, the driver will wait up to 2 hours in addition to the courtesy waiting time. If at the end of this waiting time Drivision Australia or the allocated driver have not made contact with the customer then Drivision Australia will attempt to contact the customer on the customer’s designated mobile telephone, home telephone, or designated contact person's telephone, in each case depending on the nature of the Service booked. If such contact does not result in prompt pickup of the customer, then Drivision Australia will release the vehicle and driver from the relevant booking and customer will be liable for the full trip cost plus the waiting time.
Invalid Flight Number
If a customer has indicated an invalid flight number on the booking sheet the driver on checking for flight arrival times will make contact with the Drivision Australia who will then attempt to make contact with the passenger or the designated contact person to get valid flight details. If Drivision Australia cannot make contact with the passenger or other designated person the driver will be instructed to go to the airport and wait at the designated pickup time. In this case waiting time charges will commence after only a 10-minute courtesy waiting period as we have no way of assessing the actual flight arrival time. It is a condition of using our services that you unconditionally agree to this condition and agree to the extra waiting time charges in instances where you or someone booking on your behalf using your account have provided an invalid flight number and Drivision Australia have not been able to make contact to clarify the correct details. A Drivision Australia representative will send an email to the customer account holder to advise of the situation and the invalid flight number.
Lost Property
Drivision Australia will use reasonable endeavours to return lost property left in vehicles to customers. If the driver is requested to deliver an item found after a trip, Drivision Australia will contact the customer to arrange delivery to an agreed location. Applicable trip charges will apply for all such deliveries.
Damage
Customer expressly authorises Drivision Australia to add $250 to the cost of the booking for any incident in the vehicle caused by customer or customer’s group which results in the vehicle requiring cleaning, together with all other fees and charges incidental to returning the vehicle to its normal operating condition and the cost of any bookings lost due to the customer’s actions or those of other passengers. In such circumstances, the customer will be notified before Drivision Australia charges the customer’s credit card.
Customer also agrees to pay for any damage or loss caused, or costs incurred, of whatsoever nature to or in relation to vehicles by customer or customer’s group during the provision of Service, including burned or slashed seats, stains, breakages, technical or mechanical failure to the equipment inside the vehicle, missing items, or any vehicle body damage.
Payment
Drivision Australia drivers are not authorised to accept payment, including in vehicles or under any other circumstances. All bookings must be paid for by valid credit card by registering the credit card under a Drivision Australia customer account on registration.
Credit cards will only be charged once the trip is taken for all customer bookings. In the circumstances described in these Terms and Conditions in which Drivision Australia may charge a customer despite the relevant Service not having completed as scheduled (including any ‘no shows’) the credit card will be charged for the full cost of the booking and for any additional amounts contemplated by these Terms and Conditions.
A credit card service fee will apply at a rate of $0.30 plus 1.780625% of the fare.
Drivision Australia currently accepts American Express, Visa and Mastercard.
Receipts/Invoices
Customers
Once a trip is closed off in our system as, an invoice will automatically be emailed to the email address indicated in the ’Email Confirmations’ field in the customer’s profile. Customers may also access receipts/invoices for each trip taken with Drivision Australia at the Booking History section in the customer’s profile. Customers may also generate consolidated invoice reports that display all invoices for trips taken within a nominated period in a consolidated excel spreadsheet format.
Payment Collection Fees
Customer agrees to indemnify Drivision Australia in respect of all legal, accounting, and other fees, costs and expenses incurred by it relating to the collection of overdue payments owing to Drivision Australia by customer, including in respect of any legal proceedings it commences.
Disputes
Corporate Client Credit Card Billing
For customers with corporate accounts including registered credit card details, all charges applied to the customer’s credit card will be taken to be correct and payable in accordance with these Terms and Conditions unless Drivision Australia receives a written objection within 35 days of the charge date detailing the nature and specifics of the matter(s) in dispute, together with copies of any vouchers the subject of the dispute.
Individual Clients Credit Card Billing
For Individual accounts, all charges applied to the customer's credit card will be taken to be correct and payable in accordance with these Terms and Conditions unless Drivision Australia receives a written objection within 35 days of the charge date detailing the nature and specifics of the matter(s) in dispute, together with copies of any vouchers the subject of the dispute.
Provisions relating to all Disputes
All disputes and related documentation must be forwarded to the attention of our Disputes Department in writing via email to admin@drivision.com.au. All disputes will be reviewed, and a written response provided within 10 business days.
Any investigation that ultimately establishes a charge as a valid credit card charge by Drivision Australia will incur an administrative fee of $75.
Charges applied for Service will be considered final and non-refundable unless a dispute is notified to Drivision Australia within the applicable period provided in these Terms and Conditions.
The Responsibility of the Hirer
• The customer shall be solely responsible for the behaviour of the customer and all other customers of the customer’s party and shall be solely responsible for all damage caused to the vehicle.
• The customer shall be solely responsible and liable for any damage caused both inside and outside the vehicle by the customer or a customer of the customer’s party. This includes behaviour resulting in damage to the vehicle or its contents by a third party. The customer expressly agrees to indemnify Drivision Australia for the full retail cost of any repair because of any such damage caused. The customer further agrees that Drivision Australia may at its sole discretion determine the repairer(s) of any such damage to the vehicle.
• The customer shall be responsible for payment of a fixed rate, which shall be determined by Drivision Australia at its sole discretion, for the period during which a vehicle is unable to be used because of such damage and/or repairs.
• The customer shall be responsible for any losses incurred or resulting from lost bookings due to such damage and/or repairs.
• The customer holds Drivision Australia, its related bodies corporate, drivers, agents, and employees harmless in respect of any liability for personal or material damage arising from the conduct of the customer and/or the customer’s party.
• While Drivision Australia will endeavour to return to customer any lost items, Drivision Australia, its related bodies corporate, drivers, agents and employees shall not be held liable or responsible for any articles left in vehicles. Customer indemnifies Drivision Australia, its related bodies corporate, drivers, agents, and employees in respect of any such liability or responsibility.
• The consumption of food is not permitted in any of vehicles except by specific prior written agreement.
• Any electronic entertainment devices provided in the vehicles are supplied for passengers’ entertainment. Any abuse or misuse of equipment (eg. remote controls) will result in use of such items and service being terminated immediately. This includes improper or disruptive use of microphones, abusive or inappropriate language or other conduct which may be heard outside of the vehicle. This, and any other behaviour deemed to be inappropriate at the sole discretion of the driver, may result in termination of the Service immediately. Damaged and/or lost equipment (including microphones or remote controls) are the sole responsibility of the customer and will incur a charge equal to the greater of $250 and the retail cost of the relevant item.
• Drivision Australia may recover from customer any costs or expenses incurred in respect of the loss of any property provided in vehicles. This includes glassware, cushions, bar equipment, DVD's and CD's.
• The customer acknowledges and agrees, including for and on behalf of all customers of customer’s party, that there is a strict no smoking (including e-cigarettes and always vapes) policy in all Drivision Australia vehicles.
• Drivision Australia does not permit the consumption of illegal drugs whilst in the vehicle. Failure to comply with this requirement will result in immediate termination of Service and may also result in criminal or other legal sanctions.
• Irresponsible behaviour that causes damage to the vehicle or endangers the safety of the driver or other passengers will not be condoned. This includes, but is not restricted to, sitting on the exterior of the vehicle, extending any part of the body out of vehicle windows, shouting, rudeness to or arguing with the driver, misuse of equipment, fixtures or consumables in the vehicle or wilful damage to the vehicle.
• In the event that a vehicle is involved in an accident or experiences a mechanical failure or is otherwise no longer in a state to provide safe Service, then Drivision Australia shall immediately use all reasonable endeavours to make alternative arrangements on the affected customer’s behalf. Drivision Australia may at its sole discretion determine the method of onward travel. The hirer specifically accepts that the provision of Service to the customer is in all circumstances provided on a best endeavours basis, and Drivision Australia will accordingly do anything in its power to assist as appropriate. However, the customer acknowledges that there can be no specific guarantees in connection with the provision of Service (in terms of time, reliability of the vehicle provided or other events out of the reasonable control of the driver or Drivision Australia).
GST
The parties agree that all prices and considerations referred to in these Terms and Conditions, or otherwise quoted and charged in connection with the provision of Services, are inclusive of GST, unless expressed otherwise. If a party (Supplier) makes a supply in respect of which GST is imposed and that supply is not inclusive of GST in the manner specified in this section, then the consideration for the supply (Consideration) is increased by, and the recipient of the supply must also pay to the Supplier, an amount equal to the GST payable by the Supplier on the supply. Any increased amount under this paragraph will be payable to the Supplier in the same manner and at the same time as the Consideration is payable to the Supplier (as provided in these Terms and Conditions or as otherwise agreed in writing), provided that the recipient has received from the Supplier a tax invoice in the form required by GST Law.
In this section, a word or expression defined in the A New Tax System (Goods and Services
Tax) Act 1999 (Cth) has the meaning given to it in that Act.
Privacy
Please refer to the Privacy Policy posted on the website.
Site-specific provisions
All material on the Site is copyright protected or otherwise the subject of intellectual property rights owned by Drivision Australia or its related bodies corporate. Any breaches will be prosecuted to the full extent permitted by law. The trademarks and logos used on the Site are registered trademarks of Drivision Australia or its related bodies corporate or are otherwise used under license from others. Persons accessing the Site are not by doing so granted any licence or other right to use in any way any trademark or logo displayed on the Site without prior written permission of the owner.
The materials in the Site are provided without warranties of any kind, either express or implied. Customer specifically agrees that Drivision Australia and each of its related bodies corporate and affiliated entities, shareholders, officers, directors, employees, and agents are not liable for any defamatory, offensive, or illegal conduct of any other user. If the customer is dissatisfied with the Site, or any materials on the Site, the sole and exclusive remedy is to discontinue using the Site.
General Provisions
By using the Site or by engaging Drivision Australia to provide Services customer agrees to be bound by these Terms and Conditions.
Drivision Australia reserves the right, at any time, to modify, alter or update these Terms and Conditions. The customer agrees to be bound by any such modifications, alterations, or updates.
To the maximum extent permitted by law, Drivision Australia will not be liable in any circumstances for any special or punitive damages, or indirect, incidental, economic or consequential loss (including loss of profits, revenue, opportunity or goodwill) suffered or incurred by the customer or any customer of the customer’s party, arising out of or in connection with the provision of the Services or the use of the Site, whether in an action in tort (including negligence), public liability, under statute or contract, and whether or not such loss or damage was foreseeable, even if advised of the possibility of the loss or damage.
Customer agrees to indemnify Drivision Australia and each of its related bodies corporate and affiliated entities, shareholders, officers, directors, employees, agents, distributors, and vendors, from and against any and all third-party claims, demands, liabilities or expenses resulting from customer’s breach of any of these Terms and Conditions.
Subject to those warranties expressly stated in these Terms and Conditions and those warranties which cannot be specifically excluded under the Competition and Consumer Act (Cth) 2010 and other applicable State and Territory legislation, all other terms, conditions, warranties, undertakings, inducements, or representations, whether express or implied are expressly excluded.
Each Drivision Australia booking is for all relevant purposes under these Terms and Conditions taken to constitute a request for transportation by the customer, which is then offered by Drivision Australia to drivers (who are contractors independent of Drivision Australia). Drivision Australia does not and cannot guarantee the availability of transportation or the provision of Services to satisfy such a request.
Drivision Australia accepts no responsibility for any Act of God or misadventure, delay caused by accidents, breakdowns, unfavourable road conditions or the other causes beyond its control. Drivision Australia does not guarantee arrival at or departure from any point at a particular time. If an Act of God, public enemies, authority of law, quarantine, perils of navigation, riots, strikes, the hazards or danger incidental to a state of war, accidents, breakdowns, unfavourable road conditions, storms or other condition beyond its control make it, in the opinion of Drivision Australia or the allocated driver, impossible or inadvisable to provide Services in connection with a booking, either from the place of origin or any point on route, Drivision Australia shall not be liable therefore, or be held for damages for any reason whatsoever.
Customer warrants and represents that it has made its own inquiries as to the suitability of the Services for its requirements and that it has not relied on any warranties or representations by Drivision Australia in relation to the performance or suitability of the Services except as stated in these Terms and Conditions.
This agreement is governed by and shall be construed in accordance with the laws of the
state of the Australian Capital Territory and the Commonwealth of Australia. If any provisions of this agreement shall be unlawful, void, or unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any of the remaining provisions.
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