|
Terms & Conditions You can download a PDF version here of these Terms and Conditions. (This updated version issued on 16.07.2010).1. Definitions 2. Application to become a Flexicar Account Holder 3. Application to become a Flexicar Driver 4. The Flexicard 5. Flexicar’s Responsibilities 6. Member Responsibilities 7. Making a Booking 8. Booking Period 9. Changing a Booking Period 10. Car collection 11. During a Booking Period 12. Refueling 13. What to do in case of accident or theft 14. Breakdown 15. Parking and traffic offences 16. Car return 17. Pricing Structure 18. Insurance Cover 19. Referral of new Account Holders 20. Invoicing 21. Flexicar’s Car location devices 22. Member Communications 23. Customer Service 24. Termination of Membership 25. Refund Policy 26. Amendments 27. Force Majeure 28. Severance 29. Governing Law and jurisdiction 30. Assignment 31. Schedule of fees and fines 32. Privacy 1. Definitions in this document: Car refers to a car within the Flexicar fleet that a Driver is permitted to drive for the Booking Period. Reported Damage Diagram is in the Re:Member Manual in the Car where Flexicar records any exterior damage to the Car of which they have become aware. Flexicar means The Flo Group Pty Ltd ACN 105 490 211, incorporated in Victoria with a registered address of 152 Little Lonsdale Street Melbourne 3000. Flexicard means the membership card that Drivers receive which allows them to access a Car for the Booking Period. Account Holder means a person or organisation that has agreed to these Flexicar Terms and Conditions and takes full responsibility for the payment of all fees, charges, fines and costs incurred by all the Drivers linked to their account as set in these Terms & Conditions. An individual may be both an Account Holder and Driver. An organisation is an Account Holder only. Driver means a person that has agreed to these Flexicar Terms and Conditions and has been accepted by Flexicar as someone that can drive a Flexicar car. An individual may be both an Account Holder and Driver. A Driver must be authorised by the Account Holder to be linked to their account if the Account Holder and the Driver are two separate entities. Drivers and Account Holders are also referred to as Members. Re:Member Manual is the in-Car manual which outlines how to use the Flexicar service and must be referred to when using the Car. Booking Period means the time that the Driver has pre-booked for use of a Flexicar. Active Booking Period means the period between the first swipe in and final swipe out by the Driver during the Booking period. Reserved Parking Space means the reserved space in which the Caris parked when not in use by a Driver. This space can only be used by the designated Car for that space. Legal Parking Space is any parking space that is usable by the general public 24/7. Thus it excludes parking with the following designations: handicapped, no standing, no stopping, Clearways. Paid/Metred parking is legal whilst the parking fee has been paid. Untidy Car refers to a Car that is dirtier than would expected from normal use and includes; rubbish left in the Car, sticky surfaces or visible dirt, mud, sand and grass cuttings on seats or in boot or in foot wells. Terms and Conditions means these terms and conditions. 2. Application to become a Flexicar Account Holder 1) A person or organisation may apply to be accepted as a Flexicar Account Holder by submitting an application online 2) An application to be a Flexicar Account Holder can only be accepted if: a. the applicant agrees to be bound by these Terms and Conditions; b. the applicant completes all parts of the application form/s that Flexicar deems required information. Required information includes but is not limited to certain debit or credit card information. 3) The Account Holder must provide Flexicar with correct information when applying to be an Account Holder (including, without limitation, the Account Holder name, address, email address and bank account and credit card details). It is the Account Holder’s responsibility to update Flexicar with any and all changes to this information during their membership. 4) Flexicar reserves the right to refuse any membership application. 3. Application to become a Flexicar Driver 1) A person may apply to be accepted as a Flexicar Driver by: a. submitting an application online and signing forms requiring the applicant’s signature and providing those forms to Flexicar. 2) An application to be a Flexicar Driver can only be accepted if: a. the applicant agrees to be bound by these Terms and Conditions; b. the applicant completes all parts of the application forms that Flexicar deems required information. Required information includes but is not limited to certain disclosures regarding the applicant’s driving and insurance history; c. the Driver gains authority from the Account Holder to be linked to an Account Holder’s account; d. payment from the Account Holder of the application fees are accepted; and e. Flexicar’s check of the applicant’s driving history confirms that the applicant has not had his or her driving licence cancelled or suspended during the previous five years. 3) The Driver must provide Flexicar with correct information when applying to be a Driver (including, without limitation, the Driver’s name, address, age and driving history). It is the Driver’s responsibility to update Flexicar with any and all changes to this information during their membership 4. The Flexicard 1) Flexicar will issue each Driver with a Flexicard upon acceptance of the Driver’s application for membership and receipt of the Driver’s application fees. 2) Drivers must access the Cars using their Flexicard. 3) If a Driver does not have their Flexicard with them at the start of a Booking they can call Flexicar on 1300 36 37 80 between 7am and 10pm only to request a remote entry. They must be at the Car to be granted entry. A remote entry fee will be incurred as per Section 31. 4) Businesses with whom Flexicar have partnerships may require Drivers to present their Flexicard to be eligible to receive their services. 5) Drivers who misplace their Flexicard must inform Flexicar as soon as they discover it is missing. A replacement Flexicard fee will be charged to the Account Holder as per Section 31. 6) The Flexicard remains the property of Flexicar and must be returned if the account is cancelled or otherwise ended. If the Flexicard is not returned then it is considered to be lost and incurs a replacement cost as per Section 31. 5. Flexicar’s Responsibilities 1) Flexicar will carry out regular checks on all Cars. 2) Subject to clause 4.3 above, Flexicar is not liable to an Account Holder or Driver under or in connection with this Agreement, whether for negligence, breach of contract, misrepresentation or otherwise, for: a. Loss or damage incurred by the Account Holder and/or Driver as a result of any claims made by a third party; b. Loss of profit, goodwill, business opportunity or anticipated saving suffered by the Account Holder and/or Driver; or c. Any indirect or consequential loss or damage suffered by the Account Holder or Driver. 3) Nothing in this Agreement will operate to exclude or restrict Flexicar’s liability for: a. Death or personal injury resulting from negligence by Flexicar; b. Flexicar’s fraud. 6. Member Responsibilities 1) The Car must only be driven by an authorised Flexicar Driver. Only members are authorised Flexicar Driver and only members are covered by Flexicar’s insurer. 2) Account Holders will be charged a penalty (as per Section 31) if they, or their Drivers, allow a person who is not an authorised Flexicar Driver to drive a Flexicar Car. 3) The Driver must not use the Car for: a. hire or reward. b. any illegal purpose. c. off-road driving (four wheel drive, unmarked tracks or roads) unless previously approved in writing by a Flexicar staff member; d. racing; or e. teaching someone to drive. 4) Account Holders and/or Drivers must not sell, rent or dispose of the Car or any of its parts, or attempt to give anyone any legal rights over the Car. 5) The Driver must not use the Car when under the influence of unprescribed drugs and must obey the legal alcohol limits relevant to the roads laws in each state of Australia. 6) The Driver must not carry a number of passengers which exceeds the designed seating capacity of the Car. 7) The Driver must not carry baggage which would cause the Car to be overloaded. Towing using a Flexicar is also strictly prohibited. 8) The Driver must not drive the Car above the snowline, without permission from Flexicar. 9) The Driver must inform Flexicar immediately via phone if they become aware of any defect or damage to a Car not recorded on the Reported Damage Diagram. Internal damage, or car condition, must also be reported via phone. This should be done on commencement of booking, not conclusion – otherwise the Driver may be deemed responsible. 10) The Account Holder may be liable for payment of repairs to a Car which is over and above Flexicar’s general cleaning and maintenance routine, or if the Car has been damaged either inside or outside as a result of use by the Driver. 11) The Driver must always use the Car in accordance with all applicable laws and regulations which may be in force at any time. 12) Flexicar reserves the right to immediately suspend and/or terminate the membership rights of its service to any Account Holder and/or Driver if a Account Holder and/or Driver contravenes any of these Terms and Conditions. On suspension, any existing Bookings under the Account Holder and/or Driver may be cancelled by Flexicar at its discretion. 7. Making a Booking 1) An Account Holder can book a Car on behalf of any Driver on their account. 2) A Driver can only book a Car under their name. 3) A third party cannot book a Car on behalf of an Account Holder or a Driver under any circumstances. 4) A booking can be made online at anytime, or via phone on 1 300 36 37 80 only between 9am and 5pm seven days a week. There is no fee for online bookings. There is a fee for phone bookings. Flexicar does not accept email bookings. 5) A booking confirmation email is sent after an online or phone booking is completed. The information in this email is what is considered reserved. It is the member responsibility to review every booking confirmation email to ensure they have the booking they desire. 6) Flexicar reserves the right to change the reserved Car for existing bookings, should Flexicar move another Car to the Reserved Parking Space. 7) Flexicar cannot guarantee your preferred booking time or Car will be available prior to booking. 8. Booking Period 1) An Account Holder and/or Driver must always book the Car prior to use. 2) The minimum Booking Period is 60 minutes with 30 minute increments. 3) A Booking Period can start on the hour or at thirty minutes past the hour only. 4) Drivers can use the Car for the Booking Period only. 5) The Account Holder will be charged for the full Booking Period, regardless of whether or not the Car is: a. Collected after the start of the Booking Period; b. Returned before the end of the Booking Period; or c. Not used at all by the Driver during the Booking Period. 6) Any Booking Period of more than 72 hours is subject to Flexicar’s discretion. Such bookings must be agreed by a Flexicar representative prior to booking. 7) Account Holders and/or Drivers may make a booking up to 12 months in advance. 8) Back to Back bookings are prohibited. 9. Changing a Booking Period 1) Extending a Booking a. Account Holders and/or Drivers only may extend a Booking prior to the commencement of the Booking Period if there is no other Booking of the Car during the period of the desired extension. b. If an Account Holder and/or Driver pre-advises Flexicar at least 15 minutes prior to the end of the Booking Period that the Driver will be late, and there is no other Booking Period due to commence immediately after, the Booking Period can be extended without penalty (as per Section 31) as per 9.1c. c. An extension can be made online at anytime, or via phone on 1 300 36 37 80 between 7am and 10pm only. There is no fee for online extensions. There is a fee for phone extensions as per Section 31. Flexicar does not accept email extensions. 2) Cancelling a Booking a. A Booking may be cancelled without penalty (as per Section 31) until four hours before the start of the Booking Period. b. Cancellation of a Booking between one and four hours before the start of the Booking Period will incur a penalty (as per Section 31). c. Cancellation of a Booking less than one hour before the start of a Booking Period will incur a penalty (as per Section 31). d) A booking cannot be cancelled once it has commenced. 3) Shortening a Booking Period a. A Booking Period may be shortened without penalty (as per Section 31) until four hours before the start of the Booking Period. b. Shortening a Booking less than four hours before the start of the Booking Period will incur a penalty (as per Section 31). c. No refund will be offered for early return of a Car in a Booked Period. 10. Car Collection 1) The Driver must collect the Car from its Reserved Parking Space. 2) For bookings over 8 hours, the Flexicar must be collected within four hours of the commencement of the Booking Period. Otherwise the card reader will not be engaged and a remote unlocking fee (as per Section 31) may be charged. 3) The Driver is responsible for assessing the condition of the Car (both interior and exterior) at the start of the Booking Period, in addition to checking fuel cards and petrol level. Failure to immediately notify Flexicar by phone of any previously unreported damage or an untidy car, will be deemed to indicate the your acceptance of the good working order of the Car at the beginning of the Booking Period. Thus, anything reported after this booking will be considered the your responsibility. 11. During a Booking Period 1) Drivers are responsible for the Car, and anything that happens to it, for the entire Booking Period, not simply the Active Booking period. This responsibility includes damage which occurs, for which a third party cannot be held responsible, is also the responsibility of the Driver, as is any excess payable on any insurance claim. 2) During the Booking Period, Drivers must immediately inform Flexicar by phone of any fault in the Car and must not use the Car whilst it is in an unsafe or unroadworthy condition. 3) Drivers must make sure they use the correct fuel (unleaded) when refueling the Cars. 4) Smoking and pets are prohibited in the Car. Drivers who smoke in the Car or allow a pet in the car will incur a penalty (as per Section 31), charged to the Account Holder. 5) Drivers must lock the Car when not using it during their Actvie Booking Period with the car key. 6) Drivers must not leave the Car key in the Car at any time except when placing it in the designated location at the end of the Driver’s Active Booking Period. 7) If a Car key is lost a penalty (as per Section 31) may be applied to the Account Holder at Flexicar’s discretion in addition to: a. the cost of replacing the key; and b. if another Driver is inconvenienced by the loss of the car key, the reasonable costs incurred by the inconvenienced driver, including but not limited to the cost of an alternative transport solution. Although Flexicar will always endeavour to find the inconvenienced Driver another Car to use, an alternative transport solution may include a return taxi journey. 8) Account Holders are responsible for paying any tolls, fines, fees or charges Drivers may incur during the Booking Period, including fees for using Citylink or any other applicable toll road. Tolls are passed along at cost. Personal eTags may not be used in a Car. Toll enquiries for amounts under $5 will not be investigated. 9) If a car battery is made flat during a booking (e.g. by leaving on lights, door open, keys in the ignition or by any method), a penalty (as per Section 31) may be applied to the Account Holder at Flexicar’s discretion, in addition to the reasonable costs incurred by an inconvenienced Driver, including but not limited to the cost of an alternative transport solution. Although Flexicar will always endeavour to find the inconvenienced Driver another Car to use, an alternative transport solution may include a return taxi journey. 10) Support cannot be offered to Drivers who do not have access to a phone during their booking. 12. Refuelling 1) Flexicar is responsible for the cost of refilling the Car with fuel. However, when returning the Car, Drivers must ensure that the fuel tank is at least 1⁄4 full. Otherwise the Car must be filled up at Caltex, BP or Shell stations only. 2) Drivers must use the fuel cards located in the door well of the Car for refuelling. 3) If a Driver leaves a Car at the end of their Booking Period with a fuel tank less than 1⁄4 full a penalty (as per Section 31) will be applied to the Account Holder. 4) If a Driver uses a Flexicar fuel card for any purpose other than refuelling a Flexicar Car, Flexicar will be entitled to terminate that Driver’s membership. The Account Holder will be liable to refund all money associated with such an incident, plus any reasonable expenses incurred to recover money. 5) If a Driver fails to leave the Flexicar fuel card/s in the Car a penalty (as per Section 31) will be applied to the Account Holder to have the card replaced. 6) In the event of a Flexicar fuel card being faulty or missing, the Driver will be required to pay for the fuel and then seek reimbursement from Flexicar. To obtain reimbursement the Driver is required to retain the tax invoice for the fuel and send it in to Flexicar. The amount of the fuel purchase will be deducted from the Account Holder’s invoice. The Driver is also required to report the faulty or missing Fuelcard to Flexicar on 1300 36 37 80. 13. Accident, damage & theft 1) If the Driver has an accident, the Driver should not admit fault and should: a. Make the Car secure and inform the police immediately if anyone is injured or there is a disagreement as to the facts; b. Note down the car registration, names, addresses and licence numbers of any other drivers involved; c. Note down the names and addresses of any witnesses; and d. Call Flexicar immediately on 1 300 36 37 80. 2) Flexicar will send the Driver an incident report form, which should be filled in immediately and returned to Flexicar at 152 Little Lonsdale Street Melbourne 3000. 3) Drivers must provide accurate statements and cooperate with Flexicar’s Insurer in any way as required by them. 4) If a Driver is at fault in an accident or incident that causes a Car to be off the road and unable to be used by Flexicar’s Drivers, the Account Holder will incur a daily penalty (as per Section 31) while the Car is off the road. This penalty (as per Section 31) will be capped at an amount equal to the Driver’s excess, as varied, if relevant, by the Account Holder’s payment of the excess reduction fees under clause 18.6. 5) It is the Account Holder’s responsibility to ensure that direct debit payment of any excess reduction fees under clause 18.6 have been paid and are therefore valid. If any excess reduction fees have not been paid, standard excess fees apply as per clause 18.6. 6) If a third party is not able to be held responsible for damage, the Driver will still be liable for any excess payable. 14. Breakdown 1) Any breakdown involving a Car must be reported to Flexicar by phone on 1300 36 37 80. Either Flexicar and/or roadside assistance will attend to the Car, the Driver may be provided with alternative transport if necessary at the discretion of the Flexicar. 2) During the Booking Period, if a problem arises that prevents or limits the use of the Car or that may compromise people’s safety, Drivers must immediately notify Flexicar by phone on 1300 36 37 80 and park the Car in accordance with Flexicar’s instructions. 3) It is strictly forbidden to use a Car to jump start any car whether or not the other Car is owned by Flexicar, or to attempt to jump start a Car using any other car. 15. Parking including traffic & parking offences 1) Account Holders are ultimately liable for all parking and traffic offence penalties that relate to a Driver’s Booking Period including, but not restricted to, parking tickets, speeding fines, clamping fines, bus lane fines and compound charges. However, wherever possible, it is the Driver’s responsibility to pay the relevant authority directly. Drivers must report any such offences to Flexicar as soon as possible. 2) In the event that Flexicar receives a parking or traffic offence notice and is either: a. obliged to provide the relevant authority with the identity of the Driver of the relevant Car at the time of the offence prior to payment of the offence notice, or b. is able to transfer liability for the offence notice to the Driver of the relevant Car at the time of the offence prior to payment of the offence notice, Flexicar will do so. The Account Holder will incur an administration charge as per Section 31. This administration charge is payable to Flexicar on demand, or may be added to the Account Holder’s invoice and be automatically debited at the time the invoice is payable. 3) In the event that Flexicar receives a parking or traffic offence notice and is unable to transfer liability for the payment of the offence notice to the Driver of the relevant Car at the time of the offence prior to payment, the Account Holder will incur an administration charge, plus the cost of the offence notice. This amount is payable to Flexicar on demand, or may be added to the Account Holder’s invoice and be automatically debited at the time the invoice is payable. 4) If a member parks in a metred park during an Active Booking Period, the member is responsible for paying metred fees. 5) Flexicar Reserved Car Spaces are strictly allocated to a single car. A Driver cannot park any car in a Reserved Car Space other than the allocated Car of that park. 6) If collecting a Car from an off-street parking garage, the garage’s dedicated swipe card must be used for entry and exit. Failure to use these cards will leave the Driver liable for any parking fees incurred. 16. Car return 1) The Driver must return the car locked, clean condition (internal and external) and in good working order, with at least 1/4 of a tank of petrol, and with the car key in the designated position within the Car, to the same Reserved Parking Space from which it was collected, no later than the end of the Booking Period. Bookings of over 8 hours must be returned within four hours prior the end of the Booking Period, not earlier. 2) If the Driver returns the Car after the end of the Booking Period, the Account Holder will incur a penalty (as per Section 31) in addition to the hourly fees for use of the Cars: a. The Account Holder and/or Driver may extend the Booking Period if they do so in accordance with clause 9.1. However, Account Holders will be liable for any usage charges attributable to the extended Booking Period. b. If an Account Holder and/or Driver pre-advises Flexicar at least 15 minutes prior to the end of the Booking Period, and there is another Driver waiting for the Car, a penalty (as per Section 31) may be applied to the Account Holder at Flexicar’s discretion, in addition to the reasonable costs incurred by an inconvenienced Driver, including but not limited to the cost of an alternative transport solution. Although Flexicar will always endeavour to find the inconvenienced Driver another Car to use, an alternative transport solution may include a return taxi journey. c. If a Driver does not pre-advise Flexicar that they are running late at least 15 minutes prior to the end of the Booking Period, and there is another Driver waiting for the Car, a penalty (as per Section 31) may be applied to the Account Holder at Flexicar’s discretion, in addition to the reasonable costs incurred by an inconvenienced Driver, including but not limited to the cost of an alternative transport solution. Although Flexicar will always endeavour to find the inconvenienced Driver another Car to use, an alternative transport solution may include a return taxi journey. d. If a Driver does not pre-advise Flexicar that they are running late at least 15 minutes prior to the end of the Booking Period and they return a Car at the end of the Booking Period the Account Holder will incur a penalty (as per Section 31), regardless of whether there is another member waiting. 3) Drivers must ensure that all doors of the Car are closed before, and locked after, swiping out to end the Booking and before leaving the Car. If the car is left unlocked at the end of a booking, the Account Holder will be fined as per Section 31, in addition to the cost of any damage or loss of property suffered by Flexicar due to the car being left unlocked by the Driver. 4) If the Car is left in an untidy state for the next Driver (eg leaving litter in the Car, a penalty (as per Section 31) will be applied to the Account Holder. 5) If the Car is left in a state that requires an emergency clean before another Driver can use the Car, the Account Holder must pay the greater of: a. $50; or b. the cost of the emergency clean. In addition, if the Car is caused to be off the road and unable to be used by Flexicar’s Drivers, the Account Holder of the Driver who left the Car in a state requiring an emergency clean will incur the penalty (as per Section 31) per day as set out at clause 13.4. 6) Drivers must inform Flexicar immediately if they fail to leave the car key in the Car at the end of their Booking Period. If the key is not left in the Car at the end of a Booking Period, a penalty (as per Section 31) may be applied to the Account Holder at Flexicar’s discretion, in addition to the reasonable costs incurred by an inconvenienced Driver, including but not limited to the cost of an alternative transport solution. Although Flexicar will always endeavour to find the inconvenienced Driver another Car to use, an alternative transport solution may include a return taxi journey. 7) Drivers must endeavour to ensure that the Car is parked in its Reserved Parking Space at the end of the Booking Period. If the Driver is forced to park the Car in any other area, they must notify Flexicar immediately of the exact location of the car and the registration of the car parked illegally. Drivers must park in a Legal Parking Space and must pay any parking fees in paid parking spaces during the entire Booking Period. If Flexicar or the Driver receives a parking infringement notice in respect of the driver parking the Car in an illegal parking space, the Driver and/or the Account Holder will be liable for the fine and should deal with the fine in accordance with clause 15. 8) Drivers must ensure that all functions that use the Car’s lights and accessories are switched off before swiping out to end the Active Booking. If one or more of the functions that use the Car’s battery is left on, a penalty (as per Section 31) may be applied to the Account Holder at Flexicar’s discretion, in addition to the reasonable costs incurred by an inconvenienced Driver, including but not limited to the cost of an alternative transport solution. Although Flexicar will always endeavour to find the inconvenienced Driver another Car to use, an alternative transport solution may include a return taxi journey. 9) Drivers must check that they have not left any belongings in the Car before leaving the Car at the end of their Booking Period. The Driver agrees not to hold Flexicar responsible for any belongings left in the Car. Flexicar will only collect left items on it’s cleaning schedule. Flexicar will hold items left in the Car for no longer than three months to allow time for collection. After three months, all items will go to charity. 10) If a Driver requires access to a Car after the Booking Period to check for belongings left in the Car, then the Driver can call Flexicar on 1300 36 37 80 between 9am and 5pm only and request a remote entry. Remote entry fee is $5. Outside this time, the driver must make a current booking to be granted access to the Car. 11) If a Driver has a booked Car and keeps the car past the end of the booking time without notifying Flexicar and does not answer calls from Flexicar, we may consider the Flexicar stolen and report the Driver to the police. Flexicar also reserve the right to charge the Driver for the entire period they keep the car or until we retrieve the Car. Flexicar also reserve the right to retrieve the car without notifying the Driver, dispose of any property left in the car, suspend the Account and immediately process payment for fines and fees. Fines will be applied for late return, lost key, key replacement costs and any other relevant fines as per Section 31. 17. Pricing Structure 1) The Account Holder will pay an application fee per Driver, plus any other upfront fees associated with the category of membership applied for. 2) An Account Holder will select a pricing plan at the time of application, which involves a monthly credit pre-purchase each month. All Drivers on an Account Holder’s account will be charged at the rates of the Account Holder’s selected plan. 3) All plan information is available on Flexicar’s website at flexicar.com.au. Plans may change from time to time. Account Holders will be notified in advance of changes. 4) Account Holders will incur usage charges made by all Drivers on their account including hourly rates, daily rates, and kilometre rates. The hourly rate, daily rate and a kilometre rate will depend on the Account Holder’s selected plan. Type of car and park may also influene the rate paid. 5) Flexicar’s hourly rates are chargeable in thirty minute units (60 minutes being the minimum booking). 6) Flexicar’s daily rates apply to any 24 hour period. Daily rates are applied once the total of an hourly booking reaches the value of a daily rate on the Account Holder’s selected plan. 7) Bookings between the hours of 11pm to 7am will be charged at one hour at the rate of the Account Holder’s selected plan. 8) Account Holders will incur a surcharge for a booking made by telephone. Bookings may be made online at anytime or via phone between 9am and 5pm only. 9) Flexicar’s plans apply at the time of applying for membership. Any plans previously advertised will no longer apply. All up to date plan information is available on Flexicar’s website at www.flexicar.com.au. 10) Only an Account Holder may elect a change of plan. An Account Holder must request a change of plan via Flexicar’s online form by the end of the month. A change of plan can only take effect from the beginning of the next calendar month. A change of plan will apply to all Drivers on an Account Holder’s account. 11) The prices are subject to change without notice. All up to date plan information is available on Flexicar’s website at www.flexicar.com.au. 12) From time to time Flexicar may offer special rates. All information on specials, including eligibility and any special terms and conditions, will be available on Flexicar’s website at www.flexicar.com.au. It is the member’s responsibility to be aware of, and adhere to, any offer conditions. 13) Only one promotional rate or offer can apply at any one time. 14) All Flexicar plans are based on a credit pre-purchase. On some plans credit amounts expire at the end of the month. On other plans, credit can be rolled over for one month. The rolled over credit is not used until the new month’s credit has been all used. 18. Insurance Cover 1) Provided Drivers fulfill their obligations, as set out in these Terms and Conditions, including but not limited to providing all relevant disclosures in relation to the Driver’s driving and insurance history, they will be covered by fully comprehensive motor insurance when driving a Car. 2) The insurance policy provides full cover against loss or damage to the Car, less an excess that may be payable. Excess is payable if a third party cannot be held liable for damage. 3) No cover is provided for the theft of personal belongings from the Car, nor is any personal accident cover provided. 4) By allowing a person to become a Driver of Flexicar, Flexicar is authorising that Driver to drive under Flexicar’s motor insurance policy. 5) Account Holders are liable to pay an excess in the event a Driver has an accident. 6) For all accounts an annual insurance fee is payable. The excesses vary depending on age, licence status, where the licence was issued (eg: Australia or overseas) and driving experience as per the table below. Drivers opting for the excess reduction plan will not be due to pay any excess, in consideration of the higher hire rates they elect to pay.  7) Any personal motor insurance policy will not be valid when Drivers are using a Flexicar car. 8) Drivers must inform Flexicar immediately should any of their driving history details change during the course of their membership, including but not restricted to any further endorsements or accidents. Failure to inform Flexicar in relation to a change in driving history details could leave the Account Holder liable for penalties. 9) Insurance cover may change from time to time. Flexicar will notify Account Holders of any changes before they take effect. 10) A fee of $1 an hour or $10 a day is payable to reduce excess to $0. This $0 excess will not be honoured, even if the additional fees have been paid, if the member has not complied with other aspects of these Terms and Conditions. 19. Application of bonus/additional driving credit 1) If an Account Holder and/or Driver is identified with being the source of a new Flexicar Account Holder hearing about Flexicar, the Account Holder will receive referral credits. 2) The value of the referral credits may vary and is set by Flexicar at the time of the referral. 3) Referral credits can be redeemed for referring new Account Holders only. Referral credits cannot be redeemed for referring additional Drivers on the same account. 4) Flexicar will notify Account Holders they have received referral credits. Referral credits must be used within the period advised by Flexicar. 5) Re-reimbursement to members, such as where they have had to pay for a taxi or re-fuelling, will be provided as additional credit on the following month’s invoice, rather than as a cash refund. 20. Invoicing 1) An Account Holder is invoiced for the use of the Cars, costs and any penalties incurred by all Drivers on their account. These charges are payable by direct debit from the Account Holder’s nominated credit card or bank account. 2) If a credit card (or bank account number for members joining prior to December 2009) provided by the Account Holder to Flexicar for payment purposes is declined by the card issuer or bank, Flexicar may, at its discretion, suspend or cancel all Drivers linked to the Account Holder’s account until Flexicar is satisfied accurate details have been provided and payment has been received by Flexicar. 3) If a credit card or bank account number is declined by the card issuer or bank, leaving the Account Holder with an outstanding balance, then access to the Cars will be suspended for all Drivers on that account until full payment is received by Flexicar. 4) Invoices are generated by calendar month. Each Account Holder will receive email notification on or around the 7th of each month that their account for the previous month has been finalised and is available online to view and print. It is the Account Holder’s responsiblity to ensure their details are up to date and to advise Flexicar if they are not receiving invoice notifications. 5) The direct debit payment of the account will be processed 7 (seven) days after the email notification is issued. An administration charge as per Section 31 will be applied to the account if the account holder requests an adjustment to the payment schedule. Re-scheduling of the payment can only be made within the same calendar month the account is due, otherwise membership will be placed on hold. 6) If a direct debit payment is declined or dishonoured, leaving the Account Holder with an outstanding balance, then an administration charge as per Section 31 will be applied to the account. 7) The Account Holder will be liable to Flexicar for the following charges: a. Any application or upfront fees associated with the Account Holders selected plan in accordance with clause 17. b. Booking charges and surcharges shown on the monthly statement in accordance with clause 17. c. Any penalty (as per Section 31), fine, or charge for loss or damage resulting from an Account Holder and/or Driver’s failure to comply with these Terms and Conditions. d. Any other fines and penalties incurred by Drivers as a result of failure to adhere to the Flexicar re:Member Manual. e. All fines and court costs for parking, traffic or other offences (including any costs which arise if the Car is clamped) charged to either Flexicar or the Driver and incurred by the Driver during his/her Car use in accordance with clause 15. Any fines and penalties that are processed by Flexicar will render the Account Holder liable for Flexicar’s reasonable administration charges as set out in clause 15. Such administration charges may be payable on demand. f. Reimbursement of any out-of-pocket expenses incurred by another Driver in using alternative transport as a result of the offending Driver’s failure to return a Car at the end of the Booking Period to the Reserved Parking Space in accordance with clause 16. g. All charges, fines and penalties incurred by a Driver and Flexicar’s reasonable administration costs in accordance with clauses 4, 9, 11, 12. h. Any payments of excess and excess reduction under clauses 18.5 and 18.6. i. Flexicar’s costs, including legal fees, incurred in collecting payments due from an Account Holder. j. In the event that an Account Holder fails to make a payment required by clause 18.5(e) on demand, the finance charges paid by Flexicar as a result of directly debiting that amount. k. GST and all other taxes and levies on any of the charges listed above, as applicable from time to time. 8) The Account Holder and Driver’s agreement to these Terms and Conditions shall constitute authority for Flexicar to compute and charge all monies due against the Account Holder’s nominated bank account or credit card all monies due under clause 20(5). This includes charges due as a result of theft of, or damage to, the Car and any fines and court costs for parking and traffic offences as described in clause 15. 9) Flexicar may elect to periodically change payment providers, or payment conditions. Account Holders will be notified of any changes. 10) Bookings will be billed on the month in which they end, not in which they commence. 11) When an accruing member invoice reaches $500, Flexicar reserves the right to debit the member’s nominated account, even if it is still part way through the month. 21. Flexicar’s Car location devices 1) All Flexicar cars can be tracked at any time using Flexicar’s GPS Car tracking technology. 2) Flexicar will use car location information solely for the purpose of recovering a car or cars which are not returned at the end of Booking Period, or otherwise stolen, and will share this information with the Police or other authorities or companies as necessary for the purposes of recovering the car or cars. 22. Member Communications 1) Flexicar’s primary means of communication is email. Active accounts must permit Flexicar email communications. Flexicar cannot service members who do not have a valid email address. 2) Flexicar also requires a mobile phone number be provided for each Account Holder’s and Driver. This may be periodically used for customer service updates, accounts or notification of offers. It is advised that members always have a mobile phone whilst on a booking. Otherwise, Flexicar cannot guarantee the best standard of service. 3) It is entirely the member’s responsibility to keep all contact details, particularly email, up to date. If a member’s email is returned as a bounced message, Flexicar is under no obligation to chase a member’s updated email address. 23. Customer Service 1) The Flexicar office is open 9am-5pm seven days a week. All queries can be dealt with at this time, which the exception of Accounts, which is only Monday-Friday. 2) 24 hour phone support is offered, but there is a limitation of support offered outside 9am-5pm. Only current, active bookings are supported via phone outside these hours. The Re:Member Manual details what support is available at various times, as does the Phone Message System. 24. Termination of Membership 1) Account Holders can request terminate their Flexicar account at any time, although cancellations are only processed at the end of each calendar month. The Account Holder must complete and online form to signify the Account Holder’s intention to cancel membership and return all Flexicards associated with the account to Flexicar. 2) Account Holders can terminate any Driver on their Flexicar account at any time. The Account Holder must submit written confirmation of the Account Holder’s intention to cancel a Driver’s membership and return the Driver’s Flexicard to Flexicar. 3) Flexicar may terminate an Account Holder and/or Driver’s membership immediately if the Account Holder and/or Driver breaches any of these Terms and Conditions. 4) If Flexicar terminates a membership, it will not affect Flexicar’s right to receive any monies owed to it by the Account Holder. 5) Any monies owed to Flexicar at the time of termination of membership will become immediately due and payable. By accepting these Terms and Conditions, the Account Holder grants Flexicar the right to charge against the Account Holder’s nominated bank account or credit card all monies due and payable at the time of termination of membership. This includes charges due as a result of theft of, or damage to, the Car and any fines and court costs for parking and traffic offences as described in clause 15. 6) On breach of this Agreement, Flexicar may give an Account Holder’s details to credit reference agencies, Customs & Excise, the Police, debt collectors, or any other relevant organisation. 7) Termination of membership by Flexicar will not affect its accrued rights under the conditions of this Agreement. 25. Refund Policy 1) Memberships termination requests can be made at any time and will be processed at the end of the calendar month in which they are received. No refunds on any membership fees or unused credits are provided however at point of cancellation. 2) Annual insurance fees can only be refunded in the first month of membership if the Account Holder or Driver has never driven. Once a Driver has made a trip, no portion of the annual insurance fee can be refunded. 3) If a member does not utilise any or all of their monthly pre-paid driving credits, the portion of unused credit will not be refunded, even if no driving has been undertaken in the month. In relation to application, credit pre-purchase and insurance fees, the application fee is non-refundable. The insurance amount and the pre-purchase plan credits can only be refunded if the account is cancelled (including return of the Flexicard) within 30 days of the approval date and the account holder has not driven any of the Flexicars. 26. Amendments Flexicar reserves the right to amend these Terms and Conditions from time to time as it sees fit or necessary. Notice of any changes in these Terms & Conditions will be provided to Account Holders and Drivers in writing, including by email or online. 27. Force Majeure Flexicar shall not be liable for either a failure to perform or delay in performing any of its obligations if performance is delayed, hindered or prevented by force majeure, which expression shall mean any event beyond the reasonable control of Flexicar. 28. Severance If any provision of this Agreement is or becomes invalid or unenforceable, the remaining provisions shall be interpreted in such a way so as to remain in effect. 29. Governing Law and jurisdiction This Agreement and all matters arising from or connected with it are governed by and shall be construed in accordance with Victorian law. The courts of Victoria have non-exclusive jurisdiction to settle any dispute arising from or connected with these Terms and Conditions. 30. Assignment Flexicar has the right to assign or novate at its election its rights and obligations under these Terms & Conditions in favour of a third party. 31. Schedule of Fees & Fines This following is the schedule of service fees, charges and penalties for the Flexicar service (excluding hire fees). This schedule is not exhaustive and fees and fines may be changed from time to time. SERVICE FEES Application Fee: $30 Annual Insurance: $70 per annum (capped at $560 for business Accounts) Phone booking surcharge: $3 Change of payment due date: $5 Remote entry fee $5 Account dishonour fee $9 Card replacement fee $25 Administration fee (transferring parking or traffic offence) $25 Booking Cancellation 1-4 hrs before start $12.50. Booking Cancellation <1hr $37.50 (or booking value, whichever is lower) Shortening a Booking <1 hr $12.50 FINES Smoking or Pets in a Flexicar: $100 Lost key $50 + replacement key Causing a flat battery: $100 low fuel (under 1/4 tank) $50 Damage (Driver’s Fault) $50/day Car is off road Untidy Car $50 Failure to leave key $50 Removing parking cards from car: $50 Late return, advised $50 have advised Flexicar Late return, haven’t advised $75 haven’t advised Flexicar) + $20 per half hour the car is not return Leaving a car unlocked $100 (plus cost of any damage/loss occurring as a result) Non-member driving Flexicar $100 (charged to account holder that made the booking) 32. Privacy Flexicar operates in accordance with the Privacy Act 1988. For a detailed version of our Privacy Policy, please visit Flexicar.com.au and view the Privacy Policy via the link on the bottom menu of the website. |
|
||||
|
|
| About Us | Contact Us | Blog | FAQs | Privacy Policy | Media Centre | Site Map |