TERMS AND CONDITIONS

2Airport Passengers

These Terms and Conditions apply to the availability and use of 2Airport Services offered and provided by 2Airport, as well as Driver Services offered by transport service operators who have authorized 2Airport to act as their agent in arranging for the provision of Driver Services (Drivers) to users of the 2Airport Application (Customers/you).

These Terms and Conditions outline the rights and responsibilities of 2Airport, Drivers, and Customers. To prevent any confusion, the Driver Services are supplied by the Drivers (not 2Airport), and any payments received from Customers for the supply of Driver Services are received in the role of 2Airport as a agent for the Drivers. 2Airport holds such funds in trust for the Drivers and does not own them. To the extent that 2Airport engages into contracts with Customers for Driver Services, it does so as an agent for the applicable Driver and is not responsible for the Driver’s conduct or omissions.

How does 2Airport operate?

2Airport provides a booking service and platform for clients to get transportation services from independent drivers and businesses that are properly licensed and approved to provide transportation services.

When you make a booking for transport services using the Application/website, you are offering to contract with a Driver for the performance of such services in line with your booking. 2Airport may accept your offer as an approved agent on behalf of a Driver. The contract for the provision of transportation services is then entirely between you and the Driver.

Definitions and interpretation

  1. Definitions

    This agreement contains the following terms:

    Account refers to either a personal or business account, depending on the context;

    Application refers to the software developed by 2Airport that enables a Customer to book Driver Services online or via a downloaded application.

    Authorisations include any licenses, accreditations, permissions, and endorsements necessary to deliver the Driver Services in the region or jurisdiction in which the Driver Services will be given;

    Booking refers to your offer to the Driver to Provide the Driver Services in accordance with the Booking Information.

    Booking Conditions refers to the specific operational information and applicable conditions relating to a specific Booking (including wait times and locations, cancellation information, and other specific instructions relating to the Booking) that are communicated to you via the Application at the time of confirming a Booking;

    Booking Information refers to the information submitted by a Customer that establishes the criteria for providing Driver Services;

    A business account is one that is maintained by a business for the benefit of its workers or other designated users.

    Claim means any claim, cause of action, whether known or unknown, set-off right, complaint, cost, demand, damages, debt due, judgment, enforceable award, or order for payment of any amount or other relief, however originating;

    Driver refers to a third-party transportation service provider with whom you will enter into a contract to provide Driver Services.

    Driver Services refers to the private hire passenger transportation services that the Driver provides in line with the Booking Information.

    Driver Services Fee refers to the portion of the Quoted Fare that is calculated in line with clause Depending on the availability of suitable cars or Drivers, 2Airport will give you with a price (Quoted Fare) for the cost of the Driver Services you have requested. The Quoted Fare is determined by software and is dependent on a variety of criteria, including the following: which is attributed to the Driver Services supplied/performed by the Driver;

    Review Rating refers to the score you submit as an indication of your satisfaction with the Driver Services supplied.

    2Airport Services means accepting a Booking from the Customer and arranging for the Driver to perform Driver Services in line with this agreement.

    GST refers to the goods and services tax imposed by the GST Act;

    GST Act refers to the A New Tax System (Goods and Services Tax) Act 1999 (Cth), as modified from time to time;

    Intellectual Property includes all industrial and intellectual property rights in Australia and around the globe, whether registered or unregistered, existing now or in the future, and for the term of the rights, including any:

    • patents, copyright, registered or unregistered trade names, brand names, source indications or appellations of origin, registered designs and commercial names and designations, circuit layouts, and database rights;
    • concepts, methods, inventions, discoveries, trade secrets, know-how, computer software (both source code and object code), private information, and scientific, technical, and product information; and
    • e right to register or renew any such rights.

    Law includes the following:

    • any statute, regulation, ordinance, proclamation, council regulation, or by-law;
    • any order, official policy, directive, request, requirement, or guideline issued by any government agency, present or future, whether or not having the force of law; or
    • common law duties and obligations to third parties.

    Nominated Account refers to the bank account or credit card account that you have designated as the source of payment for the Quoted Fare;

    Prohibited Goods include the following:

    • items that may endanger health, safety, or property during transportation (for example, explosives, radioactive materials, flammable gases and solids, and toxic substances);
      • any goods that cannot be shipped via regular or registered mail or standard commercial carrier; or
      • perishable goods of any kind.

    Quoted Fare refers to the sum of the following:

    • the Driver Services Fee, which is collected by 2Airport as agent for and on behalf of the Driver in exchange for the Driver providing the Driver Services; and
    • the 2Airport Services Fee, which is collected by 2Airport on its own behalf in exchange for the 2Airport Services.

    Interpretation

    Unless the context indicates otherwise, the following terms apply to this agreement:

    • Headers are for convenience only and have no bearing on the interpretation of this agreement;
    • Singular terms incorporate plural terms and vice versa;
    • Any gender is implied by terms importing a gender;
    • Any reference to a part, clause, party, annexure, exhibit, or schedule in this agreement is a reference to that part, clause, party, annexure, exhibit, or schedule;
    • Any reference to an individual or individuals, company, partnership, or other body, entity, or other legal person is a reference to a person;
    • comprising means comprising or including (as the case may be) without limitation;
    • the term “time” refers to the time zone in which the Driver Services are delivered; and
    • a payment or other act is required to be made or performed on a day that is not a Business Day, it must be made or performed the next Business Day.
  2. Term

    This agreement is effective as of the day you first use the Application and will remain in effect until terminated in accordance with the terms of the paragraph Termination and Suspension.

    2Airport Application

    Eligibility

    You warrant and agree that you are legally capable of engaging into binding contracts under applicable law, including, but not limited to, this agreement; that you are at least 18 years old; and that any information you submit into the Application is accurate and shall be handled by 2Airport in line with its privacy policies as revised from time to time; and may be revealed to any interested person in the account, such as the listed holder or administrator of the Customer’s Account, and may be reviewed by the Customer.

    Licence to use the Application

    2Airport provides you a non-transferable and non-exclusive license to use the Application according to the terms and conditions of this agreement.

    You agree NOT to:

    • alter, merge, modify, or adapt the Application in any way, including but not limited to disassembling or decompiling;
    • lend, rent, lease, or license the Application or any copy; or
    • transfer the Application or any copy, in whole or in part, in any way, including but not limited to disassembling or decompiling, except as expressly provided in this agreement.

    The Application’s provision and subsequent use are contingent upon the dependability and availability of third-party service providers, such as software vendors and network service providers.

    All Intellectual Property developed or associated with the Application during the Term of this agreement is the exclusive property of 2Airport

    2Airport shall not be responsible for any direct or indirect loss you incur as a result of a third party’s lower quality of service.

    2Airport is not liable for any loss, cost, expense, or damage incurred as a result of any disruption to a Booking, the 2Airport Service, or the operation or failure of the Application caused by:

    • interruption in the connection to the internet or the server of 2Airport application.
    • any cancellations, non-appearances, or omissions from your or the Driver’s information.
    • any system fault on the Device from which you access the Application that prevents it from connecting to and running effectively;
    • any disruption to the Application; or
    • any other incident beyond (2Airport’s reasonable control), including but not limited to any unauthorized access to or virus attack on the Application.

    Creating an Account

    To book Driver Services, you must first apply for a Personal Account or a Business Account via the Application/website. To create a Personal Account, you must supply the following information to 2Airport: your name, telephone number, and email address.

    To open a Business Account, you must provide the following information: your business’ name, telephone number, physical address, and email address; your business’ credit/debit or other account facility card details; and (if applicable) any specific instructions regarding who within your organization is authorized to place Bookings.

    If you establish a Business Account, you represent and warrant that each end user of the Driver Services will abide by the provisions of this agreement to the extent applicable.

    2Airport retains the right to instantly cancel your Account without prior notification to you. Booking process

    After logging in and creating an Account, you may book transportation services by entering the following information into the Application on your Device (Booking Information):

    • Your name, telephone number, and email address, as well as any other personally identifiable information, are necessary;
    • the locations of your planned collection, destination places.
    • the day, time, for which you want Driver Services.
    • the total number of passengers being transported.
    • the total amount of luggage/extra special items, eg: Bike/surfboard being transported.

    If you are booking Driver Services on behalf of another party, you are responsible for ensuring that the other party is aware of and agrees to the terms of this agreement that apply to them, and you warrant to 2Airport and the Driver that the end user of the Driver Services agrees to be bound by the terms of this agreement.

    Depending on the availability of suitable cars or Drivers, 2Airport will give you with a price (Quoted Fare) for the cost of the Driver Services you have requested. The Quoted Fare is determined by software/application and is based on several parameters, including;

    • the overall length of the Driver Services and the desired journey’s distance.
    • any applicable fuel levy and associated transportation expenditures; and
    • any tolls and levies imposed along that route, all of which are completely inclusive of GST.

    The Quoted Fare may be a fixed total amount or a range, a per kilometer or per minute cost, at the discretion of 2Airport. Accepting the Quoted Fare is a binding offer to pay the quoted price for the services based on the information you provided (Booking).

    If 2Airport approves your Booking, 2Airport may, in its sole discretion, identify an available vehicle in the vicinity of the collection location and notify you via the Application that the vehicle is available to offer Driver Services in accordance with your Booking (Available Vehicle).

    2Airport may deny your Booking in its sole discretion (even if 2Airport has previously notified you that your Booking has been accepted) or if 2Airport is unable to identify an Available Vehicle. If 2Airport refuses your Booking, it will attempt to contact you via the Application or the contact information you give.

    If 2Airport approves your Booking, 2Airport will communicate with you via the Application/email, which may include the following:

    • the Driver’s Rating (if any);
    • the Driver’s name;
    • the Driver’s anticipated arrival time at the given pickup location.

    If 2Airport approves your Booking, 2Airport will transmit the Booking Information to the Driver via the Application in order for the Driver to offer the Driver Services to you.

    Booking cancellations and refunds

    You must adhere to the booking, cancellation, and refund policies specified in the 2Airport Booking Conditions for each Booking. This agreement is governed by the Booking Conditions.

    Driver Services

    1. General

    After 2Airport provides a Driver with your Booking Information, the Driver will supply you with Driver Services.

    The Driver commits to:

    • maintain all required authorizations for the provision of Driver Services;
    • Driver Services shall be performed in a safe, timely, and efficient manner, and to your reasonable satisfaction;
    • exhibit reasonable care, skill, and judgment; and
    • maintain a professional demeanor at all times while carrying out its obligations under this agreement, including while providing the Driver Services.

    2Airport is not engaged in the supply of the Driver Services and makes no representations as to their suitability. The Driver is solely responsible for the Driver Services.

    Payment

    1. Personal Accounts

    If 2Airport approves a Booking made using a Personal Account, money will be debited from the credit/debit card indicated in the Personal Account information at the moment the Booking is accepted by 2Airport.

    If insufficient funds are available to deduct from the credit/debit card supplied, the Booking may be cancelled and/or 2Airport may attempt to charge the credit/debit card provided until payment in full is received. 2Airport retains the right to pursue any obligations owing by you in any manner it deems appropriate, subject to applicable law.

    2. Business Account

    If you’ve set up a Business Account, 2Airport will charge you monthly for all Bookings made through that Account. You promise to pay in full any invoice rendered to you within 30 days of receipt. Your ability to request Bookings may be restricted temporarily until the invoice is paid in full if outstanding.

  3. General

    Any disagreements regarding charges to an Account must be submitted in email to accounts@2airport.com. within seven days of the date of the invoice. After this deadline, disputes cannot be submitted and full fees will apply.

    Any changes to Driver Services made at your request or at the request of any passenger or contact person with whom the Driver speaks directly may result in additional costs. If such additional expenses are incurred, the Customer is responsible for them regardless of whether the adjustments were requested by the Customer.

    Your obligations

    1. General

    You must:

    • give the relevant information and documents to the Driver in order for the Driver to perform the Driver Services.
    • adhere to the Booking Conditions applicable to each Booking; ensuring that any goods being carried do not include Prohibited Goods.
    • guarantee that all passengers and end users of the Driver Services are aware of and agree to be bound by their contractual duties under this agreement.
    • comply with the pickup place and time provided in the Booking Information.
    • permit the Driver to carry you and any extra passengers or products to the location indicated in the Booking (up to the maximum capacity of the Driver’s vehicle).
    • offer an accurate Driver Feedback Rating at the conclusion of the Driver Services; and refrain from causing damage or soiling to the Driver’s vehicle. If you do not comply, you understand that the Driver may charge you a soiling and damage fee commensurate with the degree of the soiling or damage, which will be communicated to and collected from the Customer by 2Airport as the Driver’s agent.

    2. Warranty about information provided

    The Client represents and warrants to 2Airport and the Driver that all information given by the Client in connection with the Booking is accurate in all relevant aspects.

    3. Limitation of liability

    Insurance

    While 2Airport requires Drivers to have appropriate insurance coverage in connection with the Driver Services, 2Airport is not liable for the Customer’s or their property’s insurance coverage.

    Provision of insurance information in the event of an occurrence

    In the event of an accident or other occurrence involving the Driver Services, 2Airport reserves the right to provide the Customer with information about any appropriate insurance policy held by the Driver in order to help the Customer or its insurer in filing a claim under that policy.

    It is your obligation to check and confirm the accuracy of all such insurances, as well as to make any necessary inquiries of the Driver.

    Exclusion of liability

    2Airport disclaims all implied conditions, warranties, and terms contained in statute, general law, international convention, or custom, except any implied condition or warranty whose exclusion would violate any statute or render this clause void and all liability for consequential or indirect damages arising out of or in connection with this agreement (even if 2Airport) knew they were possible or were otherwise foreseeable), including without limitation, loss of profits and damage suffered as a result of Claims by any third person.

    Without limiting the above, 2Airport will not be responsible to you for any software or other defect in the Application or on 2Airports website.

    2Airport disclaims any responsibility for the content of any website controlled by a third party (including, but not limited to, websites accessible via a link on the Application or 2Airports website.

    2Airport is not responsible for the Driver’s conduct or omissions in connection with the execution of the Driver Services, including but not limited to the Driver’s failure to appear at any place on time.

    2Airport’s total responsibility to you in connection with any Claim, damage, loss, or breach of this agreement, whether or not caused by negligence, is limited to the following:

    • Where the Claim, damage, or loss relates to re-performing the 2Airport Services, or (equivalent services);
    • or in any other circumstance, the lesser of the Quoted Fare on which the Claim, loss, or damage arises or the Quoted Fare on your most recent Booking.

    The Driver’s full responsibility to you in connection with any Claim, damage, loss, or breach of this agreement, whether or not caused by negligence, is limited to the following, at the Driver’s Discretion:

    • Where the Claim, damage, or loss pertains to the re-performance of the Driver Services, the lesser of the Quoted Fare for which the Claim, loss, or damage occurs or the Quoted Fare for the most recent Booking made by you.

    2Airport and any of its employees or agents will not be liable to you for any consequential damage, including but not limited to missed flights, business impact, or loss of profit.

  4. Fraud and negligence

    This agreement does not exclude or restrict any party’s responsibility for fraud, death or bodily damage caused by its carelessness, or any other liability that cannot be excluded or limited by law.

    Release and indemnity

    1. Release

    You recognize and agree that the Driver (and not 2Airport) offers the Driver Services, and you thus irrevocably release and dismiss any Claim you may have against 2Airport in the future arising out of or in connection with the Driver’s performance of the Driver Services.

    2Airport may plead this clause Release as a bar to any Claim brought by you that has been released or dismissed by this clause Release.

    If you bring a Claim against 2Airport, which has been released or discharged pursuant to this clause Release, you agree to indemnify and hold harmless 2Airport at all times for any and all costs (including all actual legal costs and disbursements on a solicitor/client basis and all other actual professional costs), damages, or other detriment or liability arising out of or in connection with that Claim.

    2. Indemnity

    You agree to indemnify 2Airport and its officers, employees, and agents (those indemnified) from and against any loss, cost, or liability (including legal costs and expenses) incurred or suffered directly or indirectly by any of those indemnified arising out of or in connection with any of the following:

      • any act or omission on your part in connection with this agreement; and/or
      • a breach of this agreement on your part,

    including but not limited to any Claim brought by a Driver against 2Airport arising out of or in connection with the performance of Driver Services to you by such Driver.

  5. Reduction of indemnity

    Your liability under article Indemnity shall be limited to the degree that any action, process, claim, or demand is brought as a result of your negligence or other improper act.

  6. Survival of indemnity

    Any indemnification granted under this agreement survives termination (including termination as a result of this agreement’s expiration) and applies to claims that may have occurred but were not reported during the duration of this agreement.

  7. Termination and Suspension

    2Airport may immediately and without notice terminate this agreement by discontinuing to provide you with access to the Application.

    2Airport reserves the right, in its sole discretion, to discontinue providing Services to you indefinitely and without notice.

    If 2Airport or you terminate this agreement for any reason, you must immediately stop using the Application.

  8. General

    1. Complete Agreement

    This agreement contains the parties’ full understanding and replaces any earlier offers, agreements, understandings, and communications.

    2. There Will Be No Merger

    The covenants, conditions, terms, and warranties included in this agreement do not merge or terminate with the conclusion of the transactions completed by this agreement, but remain in full force and effect to the extent they remain unfulfilled and satisfied or are capable of having effect.

    3. Detachability

    If any term or condition of this agreement is found to be void or unenforceable, it will be read down to make it enforceable or, if that is not possible, it will be severed from this agreement without affecting the enforceability of the other terms or conditions.

    4. Cumulative Rights

    The rights of 2Airport under this agreement are cumulative and do not preempt any rights conferred by law.

  9. Customer’s address

    Your service address, facsimile number, and electronic mail address are as updated in Application.