DEFINITIONS
In this Agreement:
Agreement means this Agreement
ASAP means a taxi request from a Customer for as soon as possible. The Driver is required to pick up the Customer within 45 minutes of the Customer making the request and the Job being entered into Raywood.
Black and White means Black and White Distribution Pty Ltd trading as Black and White Taxis and Sunseeker Taxis.
Bond means the Bond paid by the Customer and held in trust by Black and White.
Cancellation means when a Customer cancels a taxi request. For an ASAP request the Customer can cancel the taxi request up to 35 minutes after making the taxi request without penalty (forfeit). For a Timed request the Customer can cancel the taxi request up to 10 minutes (inclusive) before the Timed request time without penalty (Forfeit).
Customer means a Membership (Customer).
Driver means a Membership (Driver).
Fare means the amount in AUD as indicated by the taxi meter.
Fleet means the taxi plates attached to Black and White from time to time.
Forfeit means where a Customer cancels an ASAP or Timed request after the identified times as outlined in these Terms and Conditions.
Forfeit Amount means an amount in AUD paid by the Customer for a Forfeit being the amount published by Black and White from time to time and initially as included in the body of this agreement plus the Service Fee.
Job means a request for a taxi dispatched by the Raywood system under the Scheme.
Membership (Customer) means a customer who has agreed to the Terms and Conditions (Customer) of the Scheme and become a Member.
Membership (Driver) means a driver who has agreed to the Terms and Conditions (Driver) of the Scheme and become a Member.
PIN means a Personal Identification Number issued to the Customer by Black and White. The Customer is responsible for the security of the PIN and the Customer is liable where unauthorised use of the PIN has occurred.
Query Operator means the person who operates the radio communication at the Black and White call centre.
Raywood means the dispatching hardware and software used by Black and White to dispatch taxi requests to the fleet.
Service Fee means the fee the Customer pays to Black and White in addition to each fare. The service fee is not part of the fare and is consideration to Black and White for administering the Scheme. The Driver will collect the Service Fee on behalf of Black and White from the Customer at the same time as collecting the fare. The amount of this fee is the amount published by Black and White from time to time and initially as included in the body of this agreement.
Scheme means the Black and White Preferred and Sunseeker Plus priority taxi request service.
Taxi means a taxi vehicle operated by the Taxi Driver.
Taxi Voucher means the taxi voucher docket that is the Black and White tax invoice docket.
Terms and Conditions - Customer means the Terms and Conditions for the Customer - These Terms and Conditions.
Terms and Conditions - Driver means the Terms and Conditions for the Driver - NOT these Terms and Conditions.
Timed Request means a taxi request from a Customer for a pre-determined time. The Driver is required to pick up the Customer within either 10 minutes prior to or 20 minutes after the pre-determined time. A Timed request must be made at least 45 minutes prior to the required time.OPERATION
The Scheme shall be known as the Black and White Preferred and Sunseeker Plus Scheme.
Its aim is to provide Customers and Drivers with more confidence in requesting or providing a taxi service respectively. This is done by ensuring the Customer receives a taxi in a reasonable time frame in accordance with these terms and Conditions and; the Driver receives remuneration in accordance with these Terms and Conditions.
Bond When a Customer joins the Scheme, the Customer is required to pay to Black and White a Bond, which will be held in trust for the Customer. The Customer authorises Black and White to deduct amounts of money from the Customer's Bond in accordance with these Terms and Conditions.
Where an amount of money has been deducted from the Customer's Bond in accordance with these Terms and Conditions, Black and White shall provide an invoice to the Customer for the amount and when received, Black and White shall deposit the amount into the Customer's trust account. The Customer will not be able to use the Scheme until the invoiced money has been received.
Taxi Request The Customer can only make a scheme request by calling 131 008 and stating their PIN to the Operator. The request shall include the Customer's name, pickup address, destination address and whether it is an ASAP or Timed request.
Job Dispatch The taxi request will automatically be dispatched to the fleet via the Raywood system. Drivers will be the only fleet drivers able to see the job. On completion of the job the Driver shall collect the fare as indicated on the taxi meter as well as the Service Fee.
Requirement to Cover Job by Driver The Driver agrees to cover a Black and White Preferred or Sunseeker Plus job when;
a) The job is automatically given to the Driver's taxi by the dispatch system.
b) The Driver is directed by the Shift Supervisor to cover the job.
Where the Driver is directed to cover a job, the Shift Supervisor shall ensure that the Driver's taxi is the closest Scheme taxi to the job.
Call on Approach Black and White shall call the Customer on approach. To fulfil this obligation the Driver shall;
a) where the Driver has agreed to cover a job in line with the section 'Requirement to Cover a Job', the Driver shall immediately contact the Query Operator and advise of an estimated time of arrival (ETA) at the pick up.
b) Where the Driver, after having accepted a job and is delayed for any reason that will not allow the Driver to arrive at the pickup at ETA, the Driver shall immediately contact the Query Operator and update the ETA.
Service Fee At the same time the Driver collects the fare from the Customer for the job, the Driver acting as an agent for Black and White shall also collect the Service Fee from the Customer on behalf of Black and White.
Cancellation The Customer can cancel the taxi request by speaking to an operator.
Forfeit
Customer
The Customer Forfeits the Forfeit Amount when;
a) ASAP - where the Customer cancels the taxi request after 35 minutes from the time the taxi request was made.
b) Timed request - where the Customer cancels the request within 10 minutes (inclusive) of the Timed request time.
c) Where the Customer does not cancel the job and is at the pickup address and decides not to travel.
d) Where the Customer does not cancel the job and is not at the pickup address.
e) The Customer cancels the request after Black and White has contacted the Customer via the 'call on approach' option. Sub-sections a) and b) of this section do not apply to this sub-section.
The Forfeit Amount and Service Fee shall be deducted from the Customer's Bond by Black and White.
Black and White
The Driver, after having completed the job, shall not collect from the Customer the Fare and Service Fee where;
a) Black and White is at fault in not picking up the Customer in line with these Terms and Conditions.
Dispute Where the Customer believes that the taxi did not arrive within the time as outlined in these Terms and Conditions;
a) the Customer must contact the Query Operator with their dispute.
b) Only the Query Operator can instruct the Driver to complete a journey without payment from the Customer.
c) In all cases, where a customer raises a dispute, the Customer shall travel on their journey without paying the driver.
d) The dispute will be reviewed by the Operations Manager (or representative) and where the dispute is not proven in favour of the Customer, the amount of the fare and the Service Fee will be deducted from the Customer's Bond.
e) All timing issues will be taken from the Raywood dispatch system to settle the dispute.
f) The Operations Manager's decision shall be final.
Customer The Customer agrees that the Customer shall not request a Driver to cover a job outside the Scheme.
Standards Drivers shall abide by the following standards;
a) An approved Black and White uniform must be worn at all times.
b) The taxi vehicle shall have all the appropriate approved Black and White livery attached to it at all times.
c) The taxi vehicle will be in good working order and clean at all times.
d) The driver shall where appropriate, assist the Customer in and out of the taxi vehicle.
e) The taxi vehicle driven by the Driver may be inspected by Black and White to ensure that both the taxi vehicle and the Driver meet these standards.
f) Abide by the Taxi Plate Conditions, Black and White Network By-laws and Government rules and regulations.
TERMINATION
Black and White
Black and White may terminate this Agreement where the Customer;
a) Breaches the Terms and Conditions of this Agreement.
b) By giving one (1) months notice in writing to the Customer.
Customer
The Customer may terminate this Agreement where the Black and White;
a) Breaches the Terms and Conditions of this Agreement.
b) By giving one (1) months notice in writing to Black and White.
and
All monies held in trust for the Customer by Black and White shall be returned to the Customer expeditiously.
ASSIGNMENT
The Customer shall not assign this Agreement.
CHANGING OF AGREEMENT CONDITIONS.
Black and White reserves the right to change or alter this Agreement if it feels it is in the best interests of the company and or the Customer. Black and White shall make all reasonable efforts to contact the Customer to notify of such changes.