Hire Arrangement - Terms and Conditions

General

By placing a booking and/or entering into a hire arrangement with Kombi With Me Pty Ltd (ACN 629 035 141) (‘Kombi With Me’) you are agreeing that you have read, understand and are bound by these Terms and Conditions, which shall form a legally binding hire arrangement between you, your representatives, your guests and Kombi With Me.

You shall at all times remain solely responsible for the acts and/or omissions of the passengers permitted to travel by you (whether directly or indirectly) and therefore any additional costs incurred by Kombi With Me during the performance of the hire arrangement shall be borne by you irrespective of whether you travel.

In the following Terms and Conditions, Kombi With Me refers to Kombi With Me Pty Ltd, its subsidiaries, brands, identities which the company may trade.

Kombiwithme.com.au (the ‘website’) is an online service owned and operated by Kombi With Me of Black Rock, 3193, Victoria.

Kombi With Me is a registered Business Name owned by Kombi With Me Pty Ltd.

Please read the following Terms and Conditions carefully. Should you not agree with any of the Terms & Conditions, please do not enter into a hire arrangement with Kombi With Me.

Nothing in these Terms & Conditions creates a partnership, employment relationship or agency relationship between you and Kombi With Me.

Kombi With Me’s failure to enforce any provision of these Terms & Conditions will not be considered a waiver of its right to enforce such provision.

These Terms and Conditions are to be interpreted in accordance with the laws of Victoria.

You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria.

Hire Terms

The hire period commences at the first pick-up location and expires at the final drop-off location.

Please be aware that the vehicle has a top speed of 85km, so please ensure you leave ample time for travel to each drop-off location.

Maximum number of passengers, including the driver is 8.

You will not be able to provide your own driver.

Kombi With Me is a chauffeur service and will provide the accredited driver.

It is your responsibility to check the booking confirmation once received for its accuracy and completeness. Any discrepancies in the booking confirmation should be communicated to Kombi With Me as a matter of urgency.

Kombi With Me will make every effort to meet the agreed times pick-up and drop-off times, however Kombi With Me cannot make any guarantee these times will be met and will not be held liable for any loss or liability as a result.

Kombi With Me will not be liable for any delay in fulfilling its material obligations under these Terms & Conditions if such delay is due to an act of God, act of terrorism, revolution, civil strife, industrial action, fire, flood, war, public disaster, plague or epidemic, delay in transportation caused by traffic and/or adverse weather conditions. Kombi With Me shall have no liability for failing to arrive at a destination on time and shall bear no liability for late arrival at performances or events and you shall have no claim against Kombi With Me for any reimbursement for the cost of any tickets for any such performance or event.

Unless you have advised of a particular route specified at the time of booking, the route taken will be entirely at the discretion of Kombi With Me or the accredited driver according to road, traffic and weather conditions at the time of travel.

Where the drop-off time is extended an overtime fee will be charged to you for $75 for every 20 minutes beyond the previously agreed drop-off time (inclusive of GST).

Passenger Conduct

It is incumbent upon you, your representatives, your guests to behave in a proper manner for the duration of the hire arrangement.

The accredited driver is responsible for the safety of the vehicle and as such may refuse to allow a passenger or passengers to board the vehicle or eject them from the vehicle at their sole discretion for whatever reason, including but not limited to intoxication, being aggressive or abusive. At the driver’s sole discretion, the hire arrangement may continue once the passenger or passengers have been removed.

Kombi With Me reserves the right to cancel any part of the booking, and in such circumstances the forfeiture of monies paid, and no claims for compensation or refund in either whole or part shall be considered.

Payment terms

Kombi With Me will require a 50% non-refundable deposit on reservation. Any cancellation will forfeit the 50% deposit. We may attempt to agree on another suitable day where possible and practical.

Any quote will remain valid for a period of two weeks once provided by Kombi With Me. After such period, Kombi With Me may at its absolute discretion vary the price in which event a new quotation will be provided to you, and the previous quote will be deemed null and void.

Kombi With Me accept bank transfers to Kombi With Me’s designated bank account only or cash settlement.

The final balance payment must be settled 2 weeks prior to the date the service is to be provided.

Road Rules & Safety

Kombi With Me endeavors to provide a safe and enjoyable trip for all passengers.

Seat belts are to be worn at all times. Kombi With Me will not provide nor fit any child restraints. The minimum age for travel in a Kombi With Me vehicle is 8 years of age.

Kombi With Me reserves the right not to travel on unsealed roads. Local authorities manage many public areas, including reserves and parks. Kombi With Me will not drive nor stop in any areas which require a permit or approval unless you have obtained the appropriate permit and approval.

Breakdown and/or Mechanical Failure

In the event of vehicle breakdown, Kombi With Me will provide alternative transport to the next destination or a pro-rated refund at Kombi With Me’s discretion. Alternative transport will be decided and agreed only by Kombi With Me. There will be no additional compensation where alternative transport is provided nor when a pro-rated refund is provided.

Belongings

Kombi With Me will not be held responsible or liable for any loss or damage to clothing or personal belongings arising from use, or storage in the vehicle at any time. You are solely responsible for taking care in looking after your clothing and belongings. Any return of your personal belongings will be at your own expense.

Damage & Cleaning

You are responsible for any deliberate damaged caused to the vehicle or accessory, this includes any damage caused while being intoxicated and will be liable for all costs related thereto. Where there is considerable cleaning required as a result of illness, intoxication or other reason, a cleaning fee of $250 will be charged at your expense.

Smoking, Food & Alcohol consumption

Smoking inside the vehicle is not permitted at any time. Consumption of food is also not permitted inside the vehicle at any time unless previously agreed in writing by Kombi With Me. Kombi With Me accepts no responsibility for the consumption of alcohol by passengers under the legal age of drinking in the State of Victoria.

Statutory Rights

As a consumer, nothing in this Agreement affects your non-excludable statutory rights.

Amendments to Terms & Conditions of Hire Arrangement

Kombi With Me reserves the right to amend, vary and/or replace these Terms & Conditions at any time, and from time to time, at Kombi With Me’s sole discretion and will be published on the Website. Your continued use of the Website or interaction with Kombi With Me in any other form, will be deemed to be your acceptance of any amendment, variation and/or replacement of these Terms & Conditions of Use.

Legal Capacity

By making an enquiry and or entering into a hire arrangement, you warrant to Kombi With Me that you are:
(a) eighteen (18) years of age or above; and
(b) entering into a legally binding contract with Kombi With Me with respect to the hire arrangement.

Unauthorised Use of Website

You agree to use this Website only for purposes that are permitted by:
(a) these Terms & Conditions; and/or
(b) any applicable laws or regulations.

You agree not to engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website. You agree not to, or attempt to, circumvent, disable, manipulate or otherwise interfere with security-related features of the Website.

You agree not to use, reproduce, make available, communicate to the public, distribute or commercialise any content that is published on the Website or within any email correspondence that you receive from Kombi With Me (‘Content’) except as permitted by these Terms & Conditions, by law or with the prior written consent of Kombi With Me.

Any fraudulent, illegal or unauthorised use of the Website shall constitute a violation of these Terms & Conditions. You understand and agree that Kombi With Me may refer any suspected fraudulent or illegal activity to relevant law enforcement authorities.

Limitation of Liability

The Australian Consumer Laws grant you certain rights and protections related to the provision of goods and services that no one can exclude. Nothing in these Terms & Conditions excludes or restricts the application of such laws but, to the extent that it can under these laws, Kombi With Me does not give any guarantee or warranties or make any representation of any kind, express or implied, with respect to the hire arrangement and or use of the Website outside these consumer laws.

Subject to claims available under consumer protection laws, neither Kombi With Me nor its related bodies corporate (as that term is defined in the Corporations Act 2001) is liable:
(a) to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and any increased operating cost) however caused and which is suffered directly or indirectly in connection with the hire arrangement and or use of this Website;
(b) for disruptions to this Website; and
(c) to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Website or an external website. You must take your own precautions to ensure that whatever you select for use from this Website is free of viruses or anything else that may interfere with or damage the operation of your computer systems.

For claims that cannot be excluded or restricted under consumer protection laws, the liability of Kombi With Me for such a claim will (at Kombi With Me’s option and to the extent permitted by law) be limited to:
(a) in the case of goods:
(i) repairing or replacing those goods; or
(ii) paying the cost of having those goods repaired or replaced; and (b) if the breach relates to services: (i) resupplying those or equivalent services; or
(ii) paying the cost of having those services resupplied.

Indemnity

You will at all times indemnify, and keep indemnified, Kombi With Me and its directors, officers, employees, agents and related bodies corporate (as that term is defined in the Corporations Act 2001) from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by Kombi With Me arising from any claim, demand, suit, action or proceeding by any person against you or Kombi With Me where such loss or liability arose out of, in connection with or in respect of the hire arrangement and or the Website, your conduct and/or your breach of these Terms & Conditions.

Website

Information Any information and content that is published on the Website is owned or controlled by Kombi With Me and is protected by copyright laws. You may download content only for your personal use for non-commercial purposes but no modification or future reproduction of the content is permitted. The content may otherwise not be copied or used in any way. In relation to the information on the Website (including in relation to Offers) Kombi With Me takes all reasonable steps to:
(a) include up-to-date and accurate information but makes no representations, warranties, or assurances as to the accuracy, currency, comprehensiveness or completeness of the information provided; and
(b) to ensure information relating to Offers and/or goods and services is accurate and without errors. However, on occasion, a third party will provide Kombi With Me with inaccurate information. Consequently, you agree that Kombi With Me will not be held liable for the publication on the Website of any inaccuracies or errors in information relating to goods and services that it has received from third parties.

Kombi With Me will not be liable for any damages or injury resulting from your access to, or inability to access, this Website, or from your reliance on any information provided at this Website. This site is for residents of Australia only. You agree that you are responsible for:
(a) making your own reasonable enquiries to verify information that is published on the Website about particular goods and services; and
(b) assessing the suitability of goods and services prior to you placing an order for an Offer relating to those goods or services.

Links to Third Party Websites

Links to third-party websites are provided on the Website for convenience only. By clicking on a third-party link, you will leave the Website. Kombi With Me does not endorse nor support the content of third-party links, and is not responsible for the content of a third-party website. Kombi With Me will not be liable for any damages or injury arising from any third party website content or otherwise from any third party website. Privacy and security policies on thirdparty websites may differ from those practiced by Kombi With Me. You should review the privacy policies and other terms of use of those third party websites to learn more about, what, why and how they collect and use any personally identifiable information.

Enforceability

If any provision or term of these Terms and Conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be deleted but all other terms will remain valid.

Kombi With Me Version 1.0 (3 February 2019)