Terms and Conditions of Service

 

1. Use of WTW Services

  1. You will be deemed to have accepted these terms and conditions (“Terms”) when You complete and submit a booking through the website operated by WHEELS TO WEDDINGS PTY LTD ACN 610 671 059 of 86 Basalt Street, Geebung in the State of Queensland (“WTW”) (the “Booking Form”) and pay the initial deposit. 
  2. You must be 18 years of age or older to use the WTW service. If You are younger than 18 years of age You hereby declare that You have obtained the authorisation of Your parent or guardian to agree to these terms of use.
  3. In submitting the Booking Form, You accept these terms of use and that You agree to abide by them. If You do not agree to these terms of use, You must not use any WTW service.
  4. You agree:
    1. that all information and details provided by You to us when You use any WTW service (including when You submit the Booking Form  are true), accurate and up-to-date in all respects and at all times. You can update or correct Your details at any time via the WTW Site;
    2. that when You submit the Booking Form,  You provide WTW with full, irrevocable authority to provide the necessary data (including Your name, location information, details of Your Booking  and timing information) to WTW’s website host or other service providers. This data will be used to monitor and improve the quality of WTW’s service provision and ability to provide the Services;
    3. that You will not use any of the WTW services for any purpose other than for the purpose for which they are provided to You or for any unlawful purpose; 
    4. to refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation;
    5. that You will comply with all applicable laws in force from time to time;
    6. to make payment in full for any  WTW services provided to You; 
    7. to treat WTW drivers introduced to You through WTW with respect and not to cause damage to the Vehicle  or engage in any unlawful, threatening, harassing, abusive behaviour or activity whilst using the Vehicle or any WTW service; and
    8. to indemnify and hold harmless WTW  fully against any claims or legal proceedings brought against WTW by any other person as a result of Your breach of these Terms.

2. Payment terms

  1. You have requested that WTW provide the driver  and the Vehicle in accordance with the details completed by you on the Booking Form. 
  2. Payment must be made as follows:-
    1. A 30% deposit on making of the booking (n.b. booking will only be confirmed on receipt of this Deposit); and
    2. The balance 70% no later than seven weeks prior to the date the Services have been booked, or in the case of a booking for a school formal, no later than one week prior to the event.
  3. Payment must be made via the Booking Form using credit card (after 31 August 2018) or direct deposit.  You acknowledge that WTW utilises a third party service provider to process all payments made by You for the Service, and agree that WTW is not liable for any loss or damage You may suffer attributable to the use by WTW of that  third party service provider.
  4. If the Balance payment has not been received by the time specified in 2.2, the you consent to WTW’s third party service provider to automatically charge that balance to the credit card details supplied with the Booking Form. If this payment fails, then WTW may at its discretion cancel the booking and retain the deposit.
  5. All Deposits are non-refundable, other than as set out in these terms and conditions. 
  6. You may make changes to the date, time and/or location of the Session on the provision of not less than seven  weeks’ notice. You shall be responsible for any increased costs to WTW associated with such a change. WTW will do its utmost to accommodate such change if so requested.
  7. Requests to change or cancel the Session made more  than seven weeks’ prior to the Session may be accepted or rejected by WTW at its sole discretion. If the request is not agreed to, clause 2.5 will apply. If WTW rejects the request, then clause 7 (“Refunds”) will apply.

3. Service Terms

  1. WTW will pick up You at the time and location specified in the Booking Form. Late arrival by You at the pickup address may incur extra fees as set out in these terms and conditions.
  2. WTW will use its best endeavours to ensure that the Vehicle is at the pick-up address at the specified time.  However, WTW shall not be liable for any delays (including, but not limited to, engine failure, traffic congestion, road works, road accidents, road incidents  and road closures) suffered during travelling to the pick-up location or the destination.
  3.  WTW has been engaged to transport the person(s) specified in the booking and such family or friends of these person(s) as they may nominate (subject to transport safety regulations).  WTW reserves the right to refuse to transport any person that the driver considers, acting reasonably, to be affected by drugs or alcohol.
  4. The service will be provided for the period specified in the Booking Form.  The driver will arrive at the specified pick up point at the time nominated in the Booking Form (subject to Clause 3.2).  If that period is exceeded by more than 15 minutes for any reason not due to WTW or the driver’s actions, and as a result the booked period is exceeded, then WTW reserves the right to charge for excess time at a rate of $57.00 (15 minutes) against the credit card details supplied on the Booking Form.
  5. When You request services from WTW, You provide WTW with full, irrevocable authority to provide the necessary data (including Your name, location information, details of Your service request and timing information) to WTW’s drivers. This data will enable the driver to provide the services. No other data about You will be disclosed to the driver.
  6. In the event that You use WTW services and engage WTW to provide services to You, You may be contacted with operational information regarding any transaction with WTW via SMS message, email or phone. By transacting with WTW You agree to receive any of the above-listed forms of operational communication in respect of any transaction.
  7. The service will be provided in the Vehicle specified in the Booking.  However, if for reasons beyond WTW’s control, the specified Vehicle is not available, then WTW will use its best efforts to ensure that the replacement vehicle is of the same make and model, however, WTW reserves the right to supply a replacement Vehicle of a different make and model.  

4. Conduct of Client & Passengers

  1. No food may be consumed in the Vehicle.  No drink other than water may be consumed in the vehicle.  For the avoidance of doubt, smoking and the consumption of alcohol in the vehicle is not permitted.  The driver may refuse to permit anyone the driver reasonably believes is adversely affected by alcohol or illicit substances to enter the vehicle.
  2. All persons travelling in the vehicle must wear a seat belt (if fitted) or other safety device required by transport regulations at all times while the Vehicle is in motion. 
  3. WTW reserves the right to refuse to transport any client or other passenger who behaves inappropriately (at WTW’s unfettered opinion), or refuses to comply with any safety direction of WTW.  No refunds will be given if the Service is terminated by WTW under this Clause.
  4. Children under the age of seven (7) years may only travel in the Vehicles that have been fitted with compliant safety equipment required under transport safety regulations. 
  5. If the interior of the Vehicle is soiled, marked or otherwise damaged by You or Your guests, WTW reserved the right to charge a $150.00 cleaning fee, which will be charged to the credit card details supplied with the Booking Form.
  6. You are responsible for the actions of all guests while in the Vehicle and agree to indemnify and hold harmless WTW from any damage caused by Your guests.

5. Driver

  1. The drivers will be supplied by WTW, who shall ensure that all drivers are suitably qualified, insured and licensed.  
  2. No person, other than the driver, is permitted to operate the Vehicle at any time.  Breach of this Clause will result in immediate termination of the service and no refunds will be made. 
  3. The driver must operate the vehicle at all times in accordance with the requirements of all relevant legislation and regulations applying to the operation of motor vehicles.   If You or any of your guests engage in any behaviour that may result in the driving being in breach of any such relevant legislation or regulation, then the Service will be terminated and no refund offered.
  4. If the road surface of the proposed route of the Service is in the opinion of the Driver (acting reasonably) unsuitable for the Vehicle to travel on, the Driver may transport You to Your specified destination by an alternate route more suitable for the Vehicle, and You may not object to this.
  5. If the Driver is unable to reach the specified destination due to circumstances beyond the Driver’s control, the Driver may require You to exit the Vehicle at another location as near as is practical to the specified destination.
  6. The cost of the driver is included in the Booking Fee.

6. Intellectual Property

  1. You grant WTW an irrevocable royalty free licence to WTW to use images of You, Your family members and Your guests in any promotional material, social media (including, but not limited to, Facebook and Instagram) and any online or print advertising without acknowledgement. 

7. Refunds

  1. In the event that WTW must cancel or reschedule for any reason, You will be fully refunded. 
  2. If You are late or fail to arrive at the specified pick up destination within thirty minutes of the scheduled pick up time, WTW may cancel the Booking and no refund will be payable. 
  3. If You require the Session to be moved to another date, no refunds will be payable however the Session may (at WTW’s discretion) be rescheduled if more than seven weeks’ notice has been provided. 
  4. If you cancel the Booking earlier than four weeks prior to the specified pick up date, your deposit will be retained, however, WTW may elect to refund any other money paid.
  5. If a You cancel within four weeks of the specified pick up date , no refund will be payable.   
  6. If You are dissatisfied with the Service then You and WTW agree to negotiate in good faith for a mutually agreed resolution, but any refund shall not be greater than  50% of the full Service price.   Any dissatisfaction must be reported to the Driver on the date of the Service, and the Driver may use their best efforts to rectify any issues of dissatisfaction.  However, for the avoidance of doubt, the Driver is not authorised to offer any financial reparations.  If the Driver is unable to resolve the dispute to the satisfaction of the Parties, the Driver must refer the dispute to the management of WTW for review and resolution.
  7. If WTW cannot perform this agreement in whole or in part due to a cause beyond the control of the parties, You are entitled to a refund equal to 50% of the Service price in full and final settlement of the parties obligations. 

8. Waiver and indemnification

  1. You, Your agents, family members and assignees, if any, agree to indemnify, and hold harmless WTW from any and all claims for damages arising out of the performance of the Services with the exception of any negligent or wilful act on the part of WTW. 
  2. WTW is not responsible for: 
    1. losses and/or damage not caused by our breach including but not limited to any loss suffered due to any third party payment service provider;
    2. the actions or inactions of any drivers; 
    3. the actions or inactions of other WTW users; 
    4. any personal items or belongings left in any Vehicle after the Services have been completed; or
    5. indirect losses which means losses and/or damage where WTW could not have reasonably anticipated that type of loss and/or damage arising at the time the relevant WTW service are provided to You; or 
    6. failure to provide WTW or to meet any of our obligations under these Terms where such failure is due to events beyond our control 

9. General

  1. WTW may transfer and/or assign its rights or obligations or subcontract our obligations under these Terms to another other party at any time and at its discretion. These Terms are personal to You. You may not transfer and/or assign and/or subcontract Your rights or obligations under these Terms to anyone else;
  2. WTW may agree to provide certain additional goods as part of a Service package. You agree that WTW is not liable for, and makes no representations as to the quality or fitness for purpose of, any goods so supplied.  For the avoidance of doubt, WTW is not licensed to supply or serve alcohol;
  3. If You breach these Terms and we take no action against You, we will still be entitled to use our rights and remedies in any other situation where You breach these Terms.
  4. If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
  5. These Terms are not intended to give rights to anyone except You and WTW.
  6. WTW is constantly looking for ways to improve and expand WTW. We may amend these Terms from time to time in order to reflect changes to WTW in which case WTW will give You reasonable notice of any changes to these Terms.
  7. All prices noted in the Terms and the Booking Form are GST inclusive.

10. Governing Law

This Agreement shall be governed by the law of Queensland and the parties submit to the courts of that jurisdiction.