TERMS & CONDITIONS
Version 2.6
1. General
a. Get Chauffeured ABN 91 080 211 132 (“We/Us/Our”) provides our services on these terms and conditions (“Terms”).
b. These Terms apply to your use of our website, call centre, transportation and chauffeur reservation services and all other related and ancillary services (“Services”).
c. By continuing to make a reservation with us, using our Services, you consent to these Terms and agree to enter into an agreement with us to be bound by these Terms.
d. We reserve the right to review and change any of the terms and conditions within these Terms at our sole discretion. Any changes to the Terms take immediate effect from the date of their publication on our website, https://www.getchauffeured.com.au/ (“Website”). Continued use of our Services following any changes constitutes acceptance of the revised Terms.
e. By using our Website (https://www.getchauffeured.com.au), Services or by making a Reservation, you agree to comply with our Website Terms and Conditions and Privacy Policy, which govern your access to and use of the Website, including any linked third-party content. These Website Terms are in addition to these Corporate Terms and Conditions and can be viewed at: https://www.getchauffeured.com.au/terms-and-conditions/. You acknowledge that all content, trademarks, logos, and intellectual property on the Website are owned by or licensed to Get Chauffeured and may not be reproduced or used without written permission.
2. Defined Terms:
a. “Reservation” means a confirmed booking made via our Website, phone, or email;
b. “Chauffeur” means a driver (employee or contractor) engaged to provide transportation services under a Reservation;
c. “Customer” means the person or entity who makes a Reservation;
d. “Services” means the facilitation, administration and management of Reservations and related customer support.
e. “Passengers” means any person/s who travels in a vehicle under a Reservation, including but not limited to the Customer where applicable;
f. “Website” means https://www.getchauffeured.com.au and any associated web pages or content we maintain.
g. “Vehicle” means any motor vehicle used to provide Services under a Reservation.
3. Services
a. Get Chauffeured is a hire car booking agency. We facilitate the formation, administration and management of Reservations and travel arrangements (“Services”) between you and chauffeur drivers (“Chauffeurs”). Chauffeurs engaged to provide transport services may be either our employees or independent contractors.
b. Where chauffeurs are independent contractors, they operate by their own operational guidelines and operate at all times under their own insurance and are not our employees or agents.
c. By using our Services, you acknowledge that, to the extent permitted by law, we are not liable for the conduct of independently contracted chauffeurs, and your relationship with them is limited to the provision of the Services arranged through us.
d. Get Chauffeured does not offer any form of medical advice or assistance.
4. Reservations
a. You may make a reservation for chauffeur transportation by submitting a booking through our Website, emailing us at bookings@getchauffeured.com.au or calling us on 1300 553 376 (“Reservation”).
b. A Reservation made through our Website must be made at least 24 hours prior to the pick up time. We reserve the right to reject any Reservation made within 24 hours of the pick up time.
c. At the time of making a Reservation, you must provide your name and contact details, pick up date and time, pick up and drop off locations, number of Passengers, vehicle preference and payment details (“Reservation Details”).
d. A Reservation will not be confirmed unless and until all Reservation Details are provided to us and payment is made in accordance with clause 5 of these Terms.
e. Upon confirmation of a Reservation, a confirmation email containing a Reservation number will be sent to you at the email address provided at the time of booking. A Reservation is not confirmed and booked in with us until such time as a confirmation email is received by you. In the event you do not receive a Reservation confirmation email within 24 hours of booking, please contact us.
5. Payment
a. Upon receipt of the Reservation Details, we will provide you with a quote for the reservation fee payable by you for the Services requested by you (“Reservation Fee”).
b. Except as otherwise agreed, you must pay the full Reservation Fee prior to the pickup date, as follows:
i. For Reservations made within 14 days of the pickup date, full payment must be made by credit card or electronic funds transfer within 24 hours of receipt of the Reservation Fee quote.
ii. For Reservations made more than 14 days in advance, a deposit of 20% of the Reservation Fee must be paid by credit card or electronic funds transfer within 24 hours of receipt of the Reservation Fee quote (“Deposit”) and the balance (80%) paid not less than 14 days prior to the pick up date.
c. VISA and MasterCard credit card transactions will incur an additional 1.9% surcharge.
d. By proceeding with a booking, you authorise us to charge any credit card provided by you to us for all outstanding amounts relating to the Reservation. You authorise us to hold your credit card details on file as security against additional charges incurred to the Reservation, including waiting time, vehicle changes, modifications, date and time changes, cancellations, additional trips, additional bookings, and any vehicle damage caused by you or your guests.
e. All Deposits paid are strictly non-refundable in any circumstances, except in accordance with clause 5 (f)
f. We will only provide you a refund in the event we are unable to provide you with the Services, we are unable to continue providing you with the Services or we, in our absolute discretion, deem that it is reasonable to do so under the circumstances.
6. Cancellations
a. Get Chauffeured reserves the right to cancel a Reservation for convenience, in which case all deposits paid will be refunded to you.
b. All cancellation requests must be made in writing to bookings@getchauffeured.com.au, referencing the Reservation number, not less than 24 hours prior to the pick up time.
c. In the event you notify us of the cancellation 7 or more days prior to the pick up date, you shall be entitled to a refund of 80% of the Reservation Fee paid by you.
d. In the event you cancel within 7 days of the pick up date, you shall not be entitled to any refund of the Reservation Fee paid by you.
e. Any Deposit paid by you under clause 4 is strictly non-refundable.
7. Corporate Customers on Account
a. You may apply to us to obtain a corporate customer account. Our accounts teams may, in their absolute discretion, approve or reject your application.
b. Notwithstanding clause 5 of these Terms, if you are approved for a corporate customer account, you will be sent an invoice for the Reservation Fee on completion of the Services (“Invoice”). All Invoices must be paid within 20 days of the date of the invoice by the payment details contained on the invoice, as directed by us from time to time. Upon payment of any Invoices, you must provide a remittance advice for the payment to us by email to accounts@getchauffeured.com.au and quote the 5-digit invoice number as a reference for the payment.
c. Notwithstanding clause 6 of these Terms, if a cancellation is made within 4 hours of the pick up time or you or your Passengers do not attend the pick up location, an Invoice shall be raised for the full amount of the Reservation Fee and you shall be required to pay the full amount of such Invoice on the terms provided in clause b above
d. Notwithstanding clause 5 of these Terms, if a cancellation is made more than 4 hours prior to the scheduled pick up time, no cancellation fee shall apply if:
I. The pick up location is within a 50-kilometre radius of the nearest Central Business District (CBD)
II. The booked vehicle type stated on the booking confirmation is a Standard Full-Sized Sedan or a Standard People Mover/SUV
e. If any of the conditions set out in clause d (i or ii) above are not met, an Invoice shall be raised for the full amount of the Reservation Fee, and you shall be required to pay the full amount of such Invoice on the terms provided in clause b above.
8. Reservation Modifications
a. Following confirmation, a Reservation may be modified by you by notifying us by contacting us on 1300 553 376 or by email to bookings@getchauffeured.com.au and quoting your reservation number and all modifications (“Modification Request”). A Modification Request must be made prior to the date of pick up.
b. We will endeavour to accommodate all Modification Requests, however modifications are subject to Chauffeur availability and we cannot guarantee that modifications will be accepted or confirmed by us.
c. Any Modification Request may incur an additional fee to be paid by you to us, subject to additional stops, time of transport and distance involved in the Modification Request.
d. We reserve the right to modify your reservation and charge additional fees if the Chauffeur is required to wait in excess of 15 minutes following the designated pick up time. This will be charged in 15-minute increments as per the rate charged on the reservation.
9. Vehicle Options
At the time of making your reservation, you must select your vehicle preference. We will use our best endeavours to ensure this vehicle is made available to you, however we reserve the right to substitute the vehicle for your Reservation with another similar vehicle.
10. Conditions of Reservation
a. You acknowledge and agree that all Passengers to a Reservation must wear a seat belt at all times during the course of riding in a vehicle as part of the Reservation.
b. You agree that it is your responsibility to ensure all children required by the relevant legislation to be secured in a child restraint, booster seat or other specialised equipment (“Child Seat”) whilst travelling in a vehicle, are so secured throughout transportation under a Reservation. Should a Child Seat be required for a Reservation, please notify us not less than 24 hours prior to the pickup date in writing to bookings@getchauffeured.com.au, quoting your Reservation number.
c. You acknowledge and agree that each vehicle has Passenger limits. You thereby agree that you will advise of an accurate number of Passengers to the Reservation upon booking and not invite additional Passengers to the vehicle exceeding the Passenger limit.
d. You acknowledge and agree that you must abide by any laws set by the state or Commonwealth government from time to time regarding Covid-19. You agree to notify us in the event you or a Passenger test positive for Covid-19 within 48 hours of your Reservation (whether before or after).
e. We are not liable for any failure or delay in performance of our obligations under these Terms if such failure or delay is due to circumstances beyond our reasonable control, including but not limited to natural disasters, acts of government, strikes, traffic incidents, or vehicle breakdowns.
f. For safety, security, and service quality purposes, certain vehicles may be equipped with GPS tracking and dash cameras capable of recording both video and audio. Such recordings are only accessed in the event of a complaint, incident, dispute, or for training purposes. Footage may be securely retained for up to 30 days before being deleted, unless required for an ongoing investigation. By making a Reservation, you and all Passengers acknowledge and consent to the potential recording of in-vehicle and external video and audio. For more information on how this footage is collected, stored, and used, please refer to our Privacy Policy at https://www.getchauffeured.com.au/privacy-policy/. Where a Reservation is made on behalf of others, the Customer is responsible for informing all Passengers that in-vehicle audio and video recording may occur. Consent is deemed to have been provided on behalf of all Passengers upon Reservation confirmation. If you do not consent to audio and video recording, you must inform us in writing prior to the Reservation. If no such notice is received, consent will be deemed provided for all Passengers.
g. Where a Reservation is made by the Customer on behalf of any other Passengers, the Customer is fully responsible for ensuring all Passengers comply with these Terms, including safety, conduct, and privacy obligations.
11. No Unlawful or Prohibited Use
a. You acknowledge and agree that damaging or soiling the interior or exterior of the Reservation vehicle, including all fittings and fixtures, is strictly prohibited. In the event you or a party to your Reservation damages or soils the vehicle, you will be liable for all costs incurred to rectify said damage, including but not limited to, costs of professional cleaning of the vehicle and mechanic services to the vehicle.
b. You agree that you and all parties to your Reservation must not act in a manner deemed by the Chauffeur to be unsafe, crass or damaging to the Chauffeur, others within your Reservation or the public at large. In the event of such behaviour, we and the Chauffeur reserve the right to evict you and your party from the vehicle and immediately terminate the Reservation, with no refund available.
c. You agree that it is strictly prohibited for Passengers to a Reservation to place their arms or other body parts through windows or sunroofs whilst the vehicle is driving.
d. You acknowledge and agree that alcohol, smoking and illicit substances are strictly prohibited in the vehicle during a Reservation.
12. Lost or Damaged Property
a. Please ensure all property is removed from the vehicle at the end of the Reservation. If items are left inside the vehicle, we may hold the items at our depot, which may be collected by you. In the event a Chauffeur is required to deliver a lost item to you, a fee will be payable by you, calculated and charged upon the vehicle’s hourly rate.
b. We are not responsible or liable for any loss or damage to any personal belongings in the course of a Reservation.
13. Customer Indemnity
Indemnity Obligation – To the fullest extent permitted by law and subject to the Australian Consumer Law, the Customer agrees to indemnify, defend and hold harmless Get Chauffeured, its officers, employees, agents, and contractors (collectively, “Indemnified Parties”) from and against any and all losses, liabilities, damages, claims, demands, actions, costs and expenses (including reasonable legal fees on a full indemnity basis) arising out of or in connection with:
a. Any breach of these Terms by the customer or their Passengers;
b. Any negligent, unlawful or wilful act or omission of the customer or their Passengers; and
c. Any damage to the property or vehicles caused by the customer or their Passengers.
d. Any misuse of the Services or breach of applicable laws or regulations;
e. Any third-party claim arising out of or related to the Customer’s use of the Services.
f. Any act or omission of third parties (including Passengers) where the Reservation was made by the Customer on their behalf.
14. Privacy
We take your privacy seriously and We will only collect personal information about you and/or your clients by lawful and fair means and not in an unreasonably intrusive manner. The kind of personal information that we may collect and hold include contact information (e.g. name, email address, and mobile phone number), age, postal addresses, business addresses, personal addresses, claim numbers, flight numbers, photographs, employment history, educational qualifications, Commonwealth identifiers (e.g. apprenticeship numbers) and financial information (e.g. credit card details). Our Website may use cookies and other tracking technologies to enhance your user experience, analyse traffic, and support marketing efforts. By using the Website, you consent to the use of these technologies as described in our Privacy Policy. The personal information that we may collect and hold from you is subject to the information you provide us by telephone communications, email correspondence or your usage of the Company’s website. Any information provided to us through your use of our Website and/or Services is subject to our Privacy Policy, which is available on the Website. https://www.getchauffeured.com.au/privacy-policy/
15. General Disclaimer
a. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
b. Subject to this clause, and to the extent permitted by law:
i. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
ii. We will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
c. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Get Chauffeured make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Chauffeurs) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
i. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
ii. the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
iii. costs incurred as a result of you using the Website or the Services; and
iv. the Services or operation in respect to links which are provided for your convenience.
d. You must not misuse the Website by knowingly introducing viruses, trojans, worms or other malicious code. You must not attempt to gain unauthorised access to the Website, its server or any connected database. We reserve the right to block or report any unauthorised access or suspicious activity.
16. Limitation of liability
a. Nothing in this clause excludes, restricts or modifies any rights or remedies the customer may have under the Australian Consumer Law or any other legislation which cannot be excluded, restricted or modified by agreement. This clause applies subject to those statutory rights and guarantees.
b. You expressly understand and agree that we and our affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
c. To the extent permitted by law, our total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed total cost of the Services to you.
17. Jurisdiction
In the event of any dispute arising out of or in relation to the Website, the Services, or these Terms, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
18. Dispute Resolution
a. Good Faith Resolution – If a dispute, controversy or claim arises out of or in connection with these Terms or the Services provided by Get Chauffeured (as defined in clause 2), the parties must first use all reasonable efforts to resolve the matter promptly and in good faith. Either party may initiate this process by giving written notice to the other party setting out the nature and particulars of the dispute (“Dispute Notice”).
b. Mediation – If the Dispute is not resolved within 30 days of the Dispute Notice being issued, the parties must refer the matter to mediation administered by the Australian Disputes Centre (ADC) in accordance with its Mediation Guidelines. The mediation will take place in New South Wales, unless otherwise agreed in writing.
c. Arbitration – If the Dispute remains unresolved 60 days after mediation has commenced, the matter must be referred to and finally resolved by arbitration under the Commercial Arbitration Act 2010 (NSW). The arbitration must be conducted in New South Wales by a single arbitrator appointed by agreement of the parties or, failing agreement, by the President of the Law Society of New South Wales.
d. Exceptions – Nothing in this clause prevents either party from:
i. Seeking urgent interim or injunctive relief from a court of competent jurisdiction;
ii. Initiating proceedings to recover undisputed debts; or
iii. Commencing proceedings in the Local Court of New South Wales where the amount in dispute falls within its monetary jurisdiction.
e. Costs – Each party must bear its own legal and associated costs of any dispute resolution procedure under this clause, unless otherwise determined by the arbitrator. The costs of the mediator or arbitrator must be shared equally between the parties.
f. Confidentiality – All dispute resolution procedures under this clause, including mediation and arbitration, must be conducted confidentially. Neither party may disclose information relating to the dispute or its resolution unless required by law or to enforce a settlement or award.
19. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
20. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force. This clause ensures that the invalidity or unenforceability of any part of these Terms does not affect the remaining provisions, which continue in full force and effect.
21. Force Majeure
We will not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from any cause beyond our reasonable control. This includes, but is not limited to, natural disasters, government restrictions, pandemic outbreaks, strikes, road closures, technical failures, or vehicle breakdowns. In such cases, we will use reasonable efforts to resume performance as soon as possible.
Get Chauffeured ABN 91 080 211 132. Get Chauffeured can be contacted at 1015/377 Kent St, Sydney NSW 2000 or on 1300 553 376 or at getchauffeured.com.au.