Terms & Conditions
CUSTOMER TERMS AND CONDITIONS
Application
The following provisions (“Terms and Conditions”) apply to your use of any transport services provided by Kimco
By making a booking with Kimco, you agree to accept these Terms and Conditions. If you do not accept these Terms and Conditions, you must not book a ride through Kimco.
Respect and Reasonableness
We expect our drivers to provide services to you and any fellow passengers in a polite and respectful manner and we expect our customers to act towards our drivers in a polite and respectful manner and at all times act reasonably.
Sexual Harassment
Sexual harassment is where a person makes an unwelcome sexual advance or request for sexual favours and any other unwelcome conduct of a sexual nature in relation to the person harassed.
Sexual harassment may be verbal, physical, or visual conduct of a sexual nature, which is unwelcome by the recipient and a reasonable person would anticipate that the person harassed would be offended, humiliated, or intimidated and may include Sex Based Harassment.
You nor any member of your party are permitted to act in any manner which may be considered to be sexually harassing our drivers, or other passengers.
Conduct
You and your fellow passengers are expected to comply with all applicable laws relating to conduct including refraining from engaging in any aggressive behaviour (physical or verbal), refraining from engaging in conversations which might offend others in the vehicle, including by use of expletives, making derogatory, homophobic, sexist, racist, discriminatory or otherwise offensive comments about persons or groups of persons whether those persons are present in the vehicle or not.
Punctuality
You agree that you and any other person in your group will be ready at your pick-up location promptly at the scheduled time so as to avoid delays for the driver and any following bookings.
If you are not ready at your pick-up point at the scheduled time or within 5 minutes of it Kimco may cancel your booking and may charge a cancellation fee equating to the equivalent reasonable anticipated charge that would have applied to the journey booked. If you require your driver to wait after the scheduled pick-up time, you may incur late fees.
Communication
You agree to communicate your destination and any other special requests clearly with our drivers and if you have any concerns during your ride to communicate those concerns clearly and politely to the driver.
Changes to Bookings
If your booking changes in terms of destination or time, including adding others to a booked trip to be dropped at different locations not previously notified you must seek prior agreement from Kimco to enable us to manage your booking and any other following booking. We will do all things reasonably required to try to accommodate any change.
For bookings of 5 passengers or more: a cancellation fee will be payable if your booking is cancelled within 7 days of the scheduled pick-up time. If a deposit has been paid, this is non refundable if bookings are cancelled within 7 days of the scheduled pick-up time.
For bookings of up to 4 passengers: changes or cancellations made within 24 hours of the scheduled pickup time may incur charges. If the Driver considers those changes will adversely impact the ability to meet any booking following yours the driver may refuse to accept the changes and if you then cancel the booking, may charge a cancellation fee equating to the equivalent reasonable anticipated charge that would have applied to the journey booked.
Safety
You must wear a seatbelt at all times during any journey and must comply with all reasonable directions of the driver.
You are responsible for taking appropriate care when entering and exiting a vehicle to ensure you do not cause injury or risk of injury to yourself or any other person, or damage to property.
Food and Drink
Alcohol is not permitted to be consumed in any Kimco vehicle.
Other food and beverages may be consumed but only with the prior permission of the driver.
If you create waste rubbish during the course of a journey you must take that waste rubbish with you at the end of any journey.
Drugs and other illicit substances
Drugs and other illicit substances must not be used or transported on your person or in your luggage when using our services.
Payment
You agree to pay the fare for each booked ride and ensure you have a means of payment available at the time of the ride, unless you have made prior arrangement for credit or have pre-paid.
You further agree to pay on demand the equivalent reasonable anticipated charge that would have applied to a booked journey if you cancel the journey within 24 hours (or 7 days for bookings of 5 passengers or more) prior to the scheduled pick-up or if the journey is cancelled by reason of the booking being cancelled as a result of your breach of these Terms and Conditions.
Responsibility of the booking party
You as the person named making a booking for transport services agree that you will be held responsible for the conduct of any member of a group who avail themselves of transport services under your booking, including in respect of any financial liability which may arise as a result of the booking or your or any member of your party who use our services and whether or not you are present in the vehicle at the time of any transport.
Indemnity
You agree to pay on demand and indemnify Kimco, including its employees, officers and agents for any loss, damage or cost we suffer or incur as a result of any conduct engaged in by you or your fellow passengers during the course of, or associated with any booking or transportation, this includes, but is not limited to reasonable cleaning costs and lost fares (minimum $400) resultant from:
· any spillage of food or drinks caused by you or your fellow passengers;
· any vomit or other discharged bodily fluids;
· damage to any part of the vehicle;
· down time of a vehicle which is reasonably attributable to your conduct or that of your passengers.
Refusal of Booking
Without liability to you, our drivers have discretion to refuse any booking if, on reasonable grounds, they have any concerns about proceeding with that booking including on grounds that you or a member of your party appear drunk, under the influence of drugs or other substances, are acting aggressively or irrationally or for any other reason which causes them to wish to refuse your booking.
If you or any fellow passenger act in a manner which is considered by the driver, at the discretion of the driver, to be inconsistent with or in breach of these Terms and Conditions our drivers are entitled to refuse to transport you and may ask you to vacate the vehicle they are driving, and you agree you will vacate if so requested.
Disputes
If you have any concerns about a ride may raise a complaint in accordance with our Complaints Handling Procedure.
If you have been given a direction by a driver which you disagree with you must comply with the direction but may raise a complaint in accordance with our Complaints Handling Procedure.
Alteration
We may amend these Terms and Conditions at any time and, if we do so, we will provide the updated version on our website.
Miscellaneous
If any of these Terms and Conditions are held to be invalid, unenforceable or illegal for any reason, the remaining Terms and Conditions will continue to apply.
These Terms and Conditions shall be governed in all respects by the laws of the State of Victoria, Australia, without reference to its choice of law rules.
If an applicable law is in conflict with any part of the Terms and Conditions, the Terms and Conditions will be deemed modified to conform to the law. The other provisions will not be affected by any such modification. You agree to submit to the exclusive jurisdiction of the courts of State of Victoria, Australia.
