"2018 Updated Agreement"

This Services Agreement ("Agreement") constitutes a legal agreement between you (Vehicle Owner Operator & appointed Driver), an individual ("you") (Vehicle Owner Operator & appointed Driver), Indo Oz Events Pty Ltd., an Australian Company Registered and headquarter based in Bracken Ridge, 4017 Queensland, Australia under ACN 166 446 555 and Business Name / Trading as - Black Bow Chauffeur "BBC" (Booking Entity Authorised Company) under ABN 72 349 456 742.

This Service Agreement is Compiled Between Black Bow Chauffeur ("BBC") ("We") ("Our") ("Booking Service") and ......................................... Vehicle Owner Operator ("You") ("Bailor") and Your Appointed Driver ........................................ ("Bailee")

"And"
 

"Bailment Agreement between Owner/Operator of the vehicle and Driver/Operator of the Vehicle"

Black Bow Chauffeur will acquire and facilitate the provision of Public Passenger Transfers Booking Lead generation services, being on-demand, Pre-booked, Pre-planned transfers Booking service intermediary and related services rendered via a Web technology application/ Admin Panel / Online Portal / Dashboard that enable transfers providers to seek, receive and fulfil on-demand, Pre-planned, Pre-Booked, Pre-paid requests for Airport Transfers, Booked hire, Hire Car, Limo Hire, Limousine and Public Passenger transfers services ("Black Bow Chauffeur") to you, an independent provider of peer-to-peer Public Passenger transfers, Point to Point Transfers services, Airport Transfers, Booked hire, Hire Car, Limo and Limousine Services ("Public Passenger Transfers Services").

Black Bow Chauffeur provides 24/7 online instant quote, fixed price bookings, multiple secure payment system and booking confirmation system, independent feedback system and client/traveller/users own dashboard to maintain their past, present and future bookings and earn loyalty points through Website: - https://www.blackbowchauffeur.com.au/

Black Bow Chauffeur ("Booking Entity Authorisation / Booking Service") Obligations: -

  • Black Bow Chauffeur (BBC) do not take any liability of any damage caused by Travellers/User negligence.
  • Black Bow Chauffeur do not take any liability/responsibility for any damage caused by natural disaster or any other incident or accident.

Black Bow Chauffeur provides an Online Portal/ Admin Panel/Dashboard for Owner Operator’s Business management tool and Job Dispatch System, Driver Roster, Vehicle Maintenances Record, Driver’s Record, Transport Department Record Requirements, BAS Reporting, Digital Log Book, Online Portal Sign-up/Sign-in Owner Operator and Their Drivers Dashboard system. Black Bow Chauffeur comply with all requirements of Queensland Transport Department, Data Keeping and Reporting. Know More

Black Bow Chauffeur will permit Owner Operator ("Bailor") "you" and your Appointed Driver ("Bailee") for use of BBC Online Portal/ Admin Panel/Dashboard for you, an Online Web & mobile application provided by Black Bow Chauffeur that allows you to access and receive the Black Bow Chauffeur Bookings/Jobs.

The Black Bow Chauffeur Online Portal/ Admin Panel/Dashboard or web application Services enable you to seek, receive and fulfil requests for Airport Transfers, Limo Hire, Booked Hire, Hire Car, Limousine, Chauffeur and Public Passenger Transportation Services from Pre-Planned, Pre-Booked, Pre-Paid, or On Demand travel Service to authorised Travelers/users of the 24/7 Online Quote, fixed priced Booking and Secure Payment System Web application/ Website provided by Black Bow Chauffeur’s, ("Users / visitors / travellers/ Clients").

In order to use the Black Bow Chauffeur Services and Black Bow Chauffeur’s Admin Panel/Online Portal/Dashboard, you must agree to the terms and conditions that are set forth below. Upon your implementation (electronic or otherwise) of this Agreement, you and Black Bow Chauffeur shall bound by the terms and conditions set forth below. References herein to Black Bow Chauffeur and each of their affiliates.

Please carefully read the following terms and conditions governing your use of the Online Web Application Portal owner operator/Driver training and Service agreement we offer ("Terms and conditions").

By accessing the Online Web Application/ Online Portal / Admin Panel / Dashboard / and using our services, you agree to and are bound by these All Terms and conditions below.

"If YOU DO NOT AGREE TO ANY OF THESE TERMS AND CONDITIONS, DO NOT USE THIS ONLINE WEB APLICATION/ONLINE PORTAL/ ADMIN PANAL / DASHBOARD OR ANY OF OUR BLACK BOW CHAUFFEUR SERVICES"

Black Bow Chauffeur reserve the right to change the Terms and conditions at any time and will update online any new or revised Terms and conditions on the Website, Online Web Portal, Admin Panel, Dashboard. Your continued use of this and using our services constitutes acceptance of the Terms and conditions in effect at the time of such use. Accordingly, we recommend that you periodically visit this page to review current Terms and conditions time to time to which you are bound.

Black Bow Chauffeur accept no liability or claim for any damages, consequential loss or for any other eventuality. This agreement must be completed and Accepted so that Vehicle Owner Operator and Vehicle Driver Operator have their own fully completed online copy.

What is Bailee and Bailor and Bailment Agreement?

    BAILEE ("Driver"):
  • A person/Individual with whom who take the possession of the Property/Vehicle, who is responsible for the safe return of the Property/Vehicle to the owner, when the Agreement is fulfilled.
 
    BAILOR ("Vehicle Owner"): -
  • A Person/Individual who Own and Control over of personal Property/Vehicle in the hands of another, a Bailee, for its care, safekeeping, or use, in accordance to the terms and Condition in this Agreement.
 
    BAILMENT: -
  • Process of placing personal Property/Vehicle in the temporary custody or control of another.
  • For a valid bailment, it is necessary that Bailee must have actual physical control of the property with the intent to possess it.
  • The Bailee is generally not entitled to the Personal use of the Property/Vehicle during his possession.
  • A bailor can demand for return of the Property/Vehicle at any time.
 
    DUTIES OF A BAILEE: -
  • Take care of Property/Vehicle It is the duty of the Bailee that he should take as much care of the goods as a man of ordinary prudence takes care about his own Property/Vehicle.
  • Act According the Bailment Agreement Any act of the Bailee should not be against the conditions of the Agreement. Otherwise Agreement will be voidable at the option of the bailor.
  • Personal Use is Not Allowed to any Property/Vehicle. It is the duty of the Bailee that he should keep the bailor Property/Vehicle Commercial Use Only. (According to Agreement Only) If Bailee Use Property/Vehicle personal Use without the consent of the bailor, then he himself will bear the expenses of separation and loss.
  • Should Not Deny the Title It be the duty of the Bailee that he should not deny or change the title of the bailor about the ownership of Property/Vehicle.
  • Return of Property/Vehicle It is the duty of the Bailee to return or deliver the Property/Vehicle bailed according to the bailor’s conditions.
  • Return at Proper Time It is the duty of the Bailee that he should return the goods bailed as the time or purpose of bailment completes without the demand of the bailor.
  • Proper Use of Property/Vehicle It is the duty of the Bailee that he should use the goods according the conditions of the Agreement.
  • If he misuses the Property/Vehicle, then he will compensate the loss to the bailor.
 

Disputes about your Bailment Agreement: -

  • This Bailment Agreement Requires Vehicle Owner Operators "Bailor" and Appointed Drivers "Bailee" to meet within five days of the beginning of a dispute to try and resolve the problem.
  • If you are unable to resolve the dispute after meeting, there are options for you to take the matter further, provided below are some possible avenues that may assist you, however you should always seek professional legal advice if you are unsure about what to do.
 

Dispute Resolution Centres: -

www.justice.qld.gov.au/justice-services/dispute-resolution

Queensland Civil and Administrative Tribunal: -

www.qcat.qld.gov.au

Queensland Courts: -

www.courts.qld.gov.au
 
"If YOU DO NOT AGREE TO ANY OF THESE TERMS AND CONDITIONS, DO NOT USE THIS ONLINE WEB APLICATION/ONLINE PORTAL/ ADMIN PANAL / DASHBOARD OR ANY OF BLACK BOW CHAUFFEUR SERVICES"
 

Provision of Airport Transfers, Public Passenger Vehicle Service, Limo Hire, booked hire, Hire Car, Limousine, Chauffeur and Public Passenger Vehicle Booking Services: -

  • When the Vehicle Owner Operators "Bailor" and his Driver "Bailee" Use Black Bow Chauffeur Admin Panel-Dashboard Sign-up or Sign-in Online Portal, All Jobs requests appear in the Owner Operators Dashboard / Driver Dashboard if you are available and you accept Job request for Airport Transfers, Public Passenger Vehicle Service, Limo Hire, Booked Hire, Hire Car, Limousine, Chauffeur and Public Passenger Vehicle Booking Services, you will be provided with the Jobs Details. i.e.: - Pick-up Date & Time and pickup & Drop-off location, Travellers Name + Contact Details and all relevant information. You have to acknowledge and agree each Job in that Owner Operator Dashboard / Driver Dashboard.
  • Black Bow Chauffeur may provide information to Client with certain information about you, including your Name, contact information, photo, location, designated vehicle Make, Model and Registration plate number.
  • You shall not contact any Client or otherwise use any of their personal information other than for the purposes of fulfilling Transfers Services.
  • You acknowledge and agree that you alone will choose the most effective and safe manner to perform each instance of Airport Transfers, Public Passenger Vehicle Service, Limo Hire, Booked hire, hire car , Limousine and Chauffeur Services and, accept for the provision of the Black Bow Chauffeur Booking Services and the licence/Contract/Agreement to use the Owner Operators "Bailor" / Driver "Bailee" Dashboard Sign-up or Sign-in Black Bow Chauffeur Admin Dashboard, you will need to provide (at your own expense) all necessary equipment, tools and other materials to perform Transfers Services.
 

The Owner Operator’s ("You") (Bailor)Obligations: -

  • The Owner operator ("You") acknowledge and agrees, at his or her expense, to:
  • Maintain the currency of their operator accreditation, General Service Licence and Limousine Licence, booked hire Licence, Hire Car Licence. Or all industries requirements by Law (if applicable)
  • Pay for fuel and all necessary oil, lubricants and replacement parts for the vehicle. Carry out all necessary repairs and maintenance to the vehicle and Keep it in file for Record.
  • Must take out and keep the current insurances as set out in this agreement. Any changes must be notified to the Black Bow Chauffeur as soon as it occurs, in Writing.
  • Keep the vehicle registered as required under the Transport Operations (Road Use Management) Act 1995 and the Transport Operations (Road Use Management – Vehicle Registration) Regulation 1999 and all applicable legislation.
  • Maintain the vehicle in a proper roadworthy condition to comply with the requirements of the Transport Operations (Road Use Management) Act 1995 and the Transport Operations (Road Use Management – Vehicle Standards and Safety) Regulation 1999 and all applicable legislation;
  • Supply all documentation and equipment necessary to comply with this agreement, General service, Operator Accreditation, booked hire, Hire Car and the limousine service licence, the Transport Operations (Passenger Transport) Act 1994, its regulations and standards and any other legislation applicable to General service, Hire Car, Booked hire and the limousine service licence.
  • Owner operator / driver is restricted to contact any customer outside working for them (picking up or dropping off times) and not to take any personal bookings.
  • All Bookings must go through our online booking system i.e. if the customer wants to book a return trip please call our help line number or send us an e-mail regarding the job details.
  • Maintain an operational telephone in the vehicle always and bear all costs in relation to that telephone.
  • Please note: phone must be used under the legal use of phone in the Vehicle, please refer to (Transport Operations (Road Use Management-Road Rules) Regulation 2009 Part 18 Miscellaneous road rules 300)
  • Operator is responsible for promptly pay any traffic, parking or similar infringement penalties in relation to the vehicle.
  • Owner Operator (Bailor) is Responsible for Data to Keep {Download Pdf}
  • Owner Operator (Bailor) is Responsible for Data to Report {Download Pdf}
  • Comply with all Public Passenger / Personalised Transport Amendments Regulation 2018 {Link}
 

Your Relationship with Designated Travellers/User/ Clients Mention In your Job Detail: -

  • You acknowledge and agree that your provision of Transportation Services Airport Transfers, Public Passenger Vehicle Service, Limo Hire, booked hire, Limousine and Chauffeur Services to Black Bow Chauffeur Clients creates a legal and direct business relationship between you and the Black Bow Chauffeur Clients.
  • Black Bow Chauffeur and their affiliates are not responsible or liable for the actions or inactions of a Clients in relation to you, your activities or your vehicle. You shall have the sole responsibility for any obligations or liabilities to Clients or third parties arising from your provision of Transfers Services, Airport Transfers, Public Passenger Vehicle Service, Limo Hire, Booked hire, Limousine and Chauffeur Services.
  • You acknowledge and agree that you are solely responsible for taking such precautions as may be reasonable and proper (including maintaining adequate insurance that meets the requirements of all applicable laws) regarding any acts or omissions of a Client or third party.
  • You acknowledge and agree that, unless consented to by a Client, you may not transport or allow inside your vehicle individuals other than a designated traveller mentioned in Job detail and any individuals authorised by such client, during the performance of Transfer Services for such Client.
  • You acknowledge and agree that all Users should be transported directly to their designated specified destination in Job Details, as directed, without unauthorised interruptions or stops.
 

Owner Operator ("You") "Bailor" And Appointed Driver "Bailee" Obligations: -

  • Owner Operator’s (Bailor’s) appointed Driver’s "Bailee" obligations to notify Black Bow Chauffeur and his Owner Operator "Bailor" Any of changes to a Driver Authorisation, Industries Licence or Driver Licence.
  • When driving public passenger vehicles, Appointed Driver’s "Bailee" must notify the "Bailor" Owner Operator and the Black Bow Chauffeur, if their driver licence, Industries Licence, driver authorisation or operator Accreditation is suspended, cancelled or disqualified.
  • Appointed Driver "Bailee" acknowledge and Agree with all Terms & condition in this agreement.
 

This includes the following: -

  • Where the Owner Operator (Bailor) or Driver (Bailee) has been issued with a restricted work licence by a Magistrate after the licence has been disqualified for drunk driving (X1 condition on driver licence);
  • Where the Notice has been issued with a Special Hardship Order by a Magistrate after the licence has been suspended for the accumulation of demerit points on a good driving behaviour period or for a high-speed offence (X3 condition on licence).
  • Where the Notice has been issued with a section 79E order by a Magistrate after the licence has been immediately suspended for driving under the influence of drugs or high limit alcohol (X4 condition on licence).
 

Owner Operator (Bailor) and Appointed Driver ("Bailee") Obligations at the end of every shift: -

  • Any damage to the interior or exterior of the vehicle.
  • Any apparent malfunctioning of the vehicle or the equipment in it; and
  • Any further particulars concerning the vehicle, reasonably required by the Owner Operator.
  • The driver (Bailee)agrees, at the end of each shift, to return the vehicle to the operator. (if applicable)
  • At the place nominated by both parties not later than the end of shift time agreed by the both parties (Bailor and Bailee); and with approximately the same level of fuel as that at the start of a shift.
 

Mutual Obligations between Owner Operator "Bailor" and "Bailee" Driver: -

  • The Both Parties Owner Operator-Bailor and appointed Driver-Bailee agree to comply with the provisions of the Transport Operations (Passenger Transport) Act 1994, its regulations and standards and all other legislation relating to Booked hire, General Service and limousine service, the provision of a limousine service, motor vehicles and motor traffic. Both Parties Comply with all terms and conditions by the Black Bow Chauffeur.
  • To comply with safety requirements in relevant legislation, including the Workplace Health and Safety Act 1995, applicable to the operation, management and control of the Vehicle.
  • Act in a reasonable way and render reasonable assistance to each other upon reasonable request, in order to give effect to this agreement;
  • Not do anything or refrain from doing anything which could adversely affect the ability of the Booked hire, General Service and limousine service to comply with its obligations to the Department of Transport and Main Roads.
 

Relationship with Black Bow Chauffeur: -

  • You acknowledge and agree that Black Bow Chauffeur provides Booking Service creates a legal and direct business relationship between BLACK BOW CHAUFFEUR and Vehicle Owner Operators "Bailor" and appointed "Bailee" Vehicle Driver.
  • You also acknowledge to you of the Black Bow Chauffeur Online Portal/Admin Panel/Dashboard creates a legal and direct business relationship between Black Bow Chauffeur and Owner/Operator.
  • Black Bow Chauffeur shall be deemed to direct or control Owner/Operator or their appointed Driver’s generally or in your performance under this Agreement, including in connection with your provision of Transfers Services, your acts or omissions, or your operation and maintenance of your vehicle.
  • Except as expressly set out herein, you retain the sole right to determine when and for how long you will utilise the Black Bow Chauffeur Admin Dashboard or Black Bow Chauffeur Services. You alone decide when, where and for how long you want to use the Black Bow Chauffeur Admin Dashboard, and when to try to accept, decline or ignore a Black Bow Chauffeur Bookings/Client/User/Travellers request.
  • Black Bow Chauffeur retains the right to, at any time at its sole discretion, restrict you from using the Black Bow Chauffeur Services in the event of a violation of this Agreement or any relevant Black Bow Chauffeur policy, your disparagement of Black Bow Chauffeur or any of their affiliates, or your act or omission that causes harm to Black Bow Chauffeur or their affiliates’ brand, reputation or business as determined by Black Bow Chauffeur in its sole discretion.
  • Black Bow Chauffeur also retains the right to restrict you from using the Black Bow Chauffeur Services for any other reason at the sole and reasonable discretion of Black Bow Chauffeur. Black Bow Chauffeur retains the right to, at any time at its sole discretion, deactivate or otherwise restrict you from accessing the identification and password key assigned to you by Black Bow Chauffeur and/or the Admin Dashboard, in the event of a violation of this Agreement, any relevant Black Bow Chauffeur policy, including the Community Guidelines or the Privacy Policy, your disparagement of Black Bow Chauffeur or any of their affiliates, your act or omission that causes harm to Black Bow Chauffeur or their affiliates’ brand, reputation or business as determined by Black Bow Chauffeur in its sole discretion.
 

Owner Operator "Bailor" (You) and appointed "Bailee" Driver Protocol – Things that need to be followed By Bailor & Bailee: -

When Owner Operator/Driver Receives Job Notification via Email then Owner Operator/Driver must check all job details in Black Bow Chauffeur Admin Panel/ Online Portal/Dashboard Before Accepting.

  • Job date and time
  • Pick-up Point.
  • Drop-off Point.
  • Flight on Flight Tracker
  • Special requests, notes. (champagne, flowers and chocolate or other requests).
  • Plan your day according to jobs allocated, while doing that consider traffic time and be ready to expect for the unexpected. (as flight delays and traffic delays are beyond anybody’s control. i.e. Travellers/User/Client/Owner Operator/Driver)
  • Owner Operator/Driver must plan to reach the pickup location 15 mins early on every job (hotel or any other private address) give an intro call or text to the client when on the way to pick up hotels or private address
  • Always monitor live traffic updates.
  • Intro Call / Text @Domestic Airport: -After 10 min Flight Landed
  • Intro Call / Text @International Airport: -After20min Flight Landed
  • Meet & Greet @Domestic Airport: -Near Flight Baggage Carousel
  • Meet & Greet @International Airport - @Arrival Hall Chauffeur Meeting Point.
  • After meet & greet driver must help client baggage trolley or luggage escort to the parked vehicle.
  • It is 100% driver’s duty to load and unload all luggage safely. (only if luggage has a heavy lifting mark then driver have a full right to ask clients help.)
  • Driver must make sure he/she wears a black suit/black vest + black trousers along with company tie. Please be sure your uniform is clean and ironed.
  • Driver must make sure his/her vehicle be in road worthy condition at all times and the seating arrangements configured for your passenger’s needs, before you start your shift and/or before you go and pick up your next client.
  • Driver must make sure his/her vehicle clean inside or outside before you go to pick up and maintain vehicle cleanliness at all the times.
  • Driver must follow the legal speed limit all the times.
  • Always ask the client, before start job/journey about air condition temp, music volume, any choice of their radio channel, bottle of water, or any refreshments.
  • End of journey, please check your vehicle before leaving your client. (They may, or may not leave their belongings or caused any damage to your vehicle)
  • Always say thank you for choosing us. Have you booked your return journey with us? Please spread the word, we are happy to cater your friends & family. Always offer a business card.
  • End of journey always ask for positive feedback, review on trip-advisor, Facebook, linked-in or google. Where ever they feel comfortable
  • Black Bow Chauffeur Process Refund to Traveller/User/Clients due to driver’s negligence of driver duty of care and follow driver protocol.
  • In case of any jobs affected due to driver’s negligence of driver duty of care and follow driver protocol. The Owner Operator / driver may also forfeit its share for that particular job.
 

Feedback/Ratings/Review: -

  • You acknowledge and agree that after receiving Airport Transfers, public passenger Transportation, Limo Hire, booked hire, Limousine and Chauffeur Services, a Client / User will be prompted by the Feedback email to rate you and such Chauffeur Experience, Vehicle Experience, Overall Experience. This can also include comments and other feedback, which, along with the rating, you agree to provide in good faith.
  • Black Bow Chauffeur and their affiliates reserve the right to use, share and display your User ratings and comments in any manner in connection with the business of Black Bow Chauffeur and their affiliates without attribution to you or your approval.
  • You acknowledge and agree that Black Bow Chauffeur and their affiliates are distributors (without an obligation to verify) and not publishers of your ratings and comments, and may remove comments in the event that such comments include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, other applicable laws or
  • Black Bow Chauffeur or their affiliates’ content policies.
  • There is no obligation on you or the Client / User to provide ratings or comments nor is there any consequence for not providing a rating.
 

Vehicle Owner Operator "Bailor" / Driver "Bailee" Requirements: -

  • You acknowledge and agree that you may be subject to certain background, driving record and other checks from time to time.
  • You acknowledge and agree that at all times you shall hold and maintain a valid driver’s license and all other required licenses, permits, work entitlements, approvals and authority to provide Airport Transfers, Limo Hire, Booked hire, Limousine Services, Chauffeur Services and Public Passenger Transportation Services in the city or metro areas within Australia in which are you Sign-Ins/Sign-Ups Black Bow Chauffeur Admin Dashboard to receive Bookings/Jobs requests for Airport Transfers, Limo Hire, Booked hire, Limousine, Chauffeur and Public Passenger Transportation Services ("Territory").
  • You acknowledge and agree that you have a citizenship, residency or Work visa status that allows you the right to work in Australia.
  • You acknowledge and agree that you will provide the Airport Transfers, Limo Hire, booked hire, Limousine, Chauffeur and Public Passenger Transportation Services with due skill, care and diligence and that you will maintain high standards of professionalism, service and courtesy.
  • You acknowledge and agree that your vehicle must meet the then-current Black Bow Chauffeur requirements for a vehicle to provide the Airport Transfers, Limo Hire, Booked hire, Limousine, Chauffeur and Public Passenger Transportation Services and must be authorised by Black Bow Chauffeur for this use, be properly registered, licensed and generally suitable to operate as an Airport Transfers, Limo Hire, Booked hire, Limousine, Chauffeur and Public Passenger Transportation Services vehicle in your Territory, either owned or leased by you or otherwise in your lawful possession, kept in a clean and sanitary condition, and maintained in good operating condition consistent with Airport Transfers, Limo Hire, Booked hire, Limousine, Chauffeur and Public Passenger Transportation Services industry safety and maintenance standards for a vehicle of its kind and any additional standards or requirements in the applicable Territory.
  • You acknowledge and agree that Black Bow Chauffeur reserves the right, at any time in its sole discretion to restrict you from using the Black Bow Chauffeur Admin Panel Sign-in/Sign-up Dashboard, if you fail to meet the requirements in this Agreement.
  • You also acknowledge and agree that Black Bow Chauffeur the right, at any time in its sole discretion to deactivate or otherwise restrict you from accessing the Black Bow Chauffeur Sign-in/Sign-up Admin Dashboard, if you fail to meet the requirements in this Agreement.
 

Owner Operator "Bailor" / Driver "Bailee" Documentation: -

  • To ensure your compliance with all requirements in this Agreement, you must provide Black Bow Chauffeur with written copies of all such Airport Transfers, Limo Hire, Booked hire, Limousine, Chauffeur and Public Passenger Transportation Services licenses, permits, work entitlements, approvals, authority, registrations and certifications (including renewals) prior to and during your provision of any Transfers Services and allow Black Bow Chauffeur to review any of this documentation on an ongoing basis.
  • You must notify Black Bow Chauffeur immediately if you cease to hold any license, permit, work entitlements, approvals, authority, registration or certification or there are changes to the terms of any of those which would alter your ability to provide the Airport Transfers, Limo Hire, Booked hire, Limousine, Chauffeur and Public Passenger Transfers Services in accordance with applicable laws.
  • Black Bow Chauffeur shall, upon request, be entitled to review such licenses, permits, work entitlements, approvals, authority, registrations and certifications from time to time. Your failure to meet any of the requirements in this Agreement shall constitute a material breach of this Agreement.
 

The Vehicle Owner Operator’s ("Bailor") Warranties: -

The operator warrants that:

  • He or She owns, leases or manages a General service, booked hire, Hire Car and Limousine service licence and holds an Operator Accreditation to provide a s General services, booked hire, Hire Car and Limousine service under the Transport Operations (Passenger Transport) Act 1994, its regulations and standards;
  • The General Services, booked hire, Hire Car and Limousine service complies with all requirements of the Transport Operations (Passenger Transport) Act 1994, the Transport Operations (Passenger Transport) Regulation 1994 and all applicable additional conditions attached to the general services and Limousine service licence;
  • The vehicle is the licensed vehicle specified in the General Services, booked hire, Hire Car and Limousine service licence.
  • The particulars given by him or her in this agreement are correct and will be kept up-to-date in the event of any change authorised under this agreement;
  • At the commencement of each shift, the vehicle will be in good order and repair and of a standard required under the Transport Operations (Passenger Transport) Act 1994, its regulations and standards and all other relevant legislation.
 

In case of breakdown of vehicle: -

  • In case of any incident, accident or any breakdown during the journey, there will be no fare for the job to the owner operator/driver as the full refund of the services (if paid before the travel) to the customer.
  • In case of any incident, accident or any breakdown during the journey, there will be no fare for the job to the owner operator/ driver and the owner operator/ driver can’t claim any money if the fare was to be paid by cash or card on the time of travel.
  • In case of any incident, accident or any breakdown during the journey, it is responsibility of the driver of the vehicle to help the customer to find another source of travel (i.e. taxi) as soon as possible.
 

The Vehicle Driver’s ("Bailee") Warranties: -

The driver warrants that:

  • He or she is the holder of a current Queensland Driver’s Licence, and Driver Authorisation, all Industries Licence issued under the Transport Operations (Passenger Transport) Act 1994, and is bound by the legislative requirements under this and all subordinate legislation;
  • The particulars given by him or her in this Agreement are correct and will be kept up-to-date in the event of any change authorised under this Agreement;
  • He or she has accurately disclosed, before entering into this Agreement, all information relevant to this Agreement, including:
  • His or her driving history, including all serious accidents and incidents; and Credit information;
  • He or she has not withheld any information, which if known by the operator, might have reasonably affected the operator’s decision to enter into this agreement.
 

In case of breakdown of vehicle: -

  • In case of any incident, accident or any breakdown during the journey, there will be no fare for the job to the owner operator/driver as the full refund of the services (if paid before the travel) to the customer.
  • In case of any incident, accident or any breakdown during the journey, there will be no fare for the job to the owner operator/ driver and the owner operator/ driver can’t claim any money if the fare was to be paid by cash or card on the time of travel.
  • In case of any incident, accident or any breakdown during the journey, it is responsibility of the driver of the vehicle to help the customer to find another source of travel (i.e. taxi) as soon as possible.
 

Black Bow Chauffeur Fare Calculation: -

  • Black Bow Chauffeur Price is based on Distance (klm) calculated by Google Map not time Client spend in the traffic.
  • Duration of the trip (In Job Detail) is based on google maps without traffic and is for Traveller/User/Customer guidance purpose only.
  • Surcharge applies for each stop on the way. (For Pre-Planned Trips Only. Same day adding any stops is subject to availability and additional charges may apply).
  • Surcharge applies for transfers between 10.00 pm and 05:00 am (Local time).
  • Black Bow Chauffeur prices are Exclusive per transfer.
  • Black Bow Chauffeur Services are "Pre-Paid + Pre-Planned + Pre-Booked".
  • Black Bow Chauffeur prices are Fixed Price Job.
  • Black Bow Chauffeur do not Charge for traffic delays.
  • Black Bow Chauffeur Do Not Charge any Surge Pricing.
  • You also acknowledge and agree amount in Best Available Vehicle (Black Bow Chauffeur Online Quote), and the primary purpose of the Fare Calculation is to act as the default Fare in the event you do not negotiate a different Fare.
  • Black Bow Chauffeur will determine the order of any such deductions from the Fare Pacific reserves the right to adjust payment in relation to a particular Fare for reasons such as inefficient routes, or technical error in the Black Bow Chauffeur Sign-in/Sign-ups Admin Panel or In more serious situations, such as fraud, charges for Transfers Services that were not provided or Clients complaints, Black Bow Chauffeur may cancel a Fare entirely or if the Fare has already been paid, require reimbursement of the Fare from you.
  • Black Bow Chauffeur reserves the rights, in its sole discretion, to seek reimbursement from you if Black Bow Chauffeur discovers payment processing errors.
  • Black Bow Chauffeur may obtain reimbursement of any amounts owed by you to Black Bow Chauffeur by deducting from future Fares owed to you, debiting your card on file or your bank account on record, or seeking reimbursement from you by any other lawful means.
  • You acknowledge and authorise Black Bow Chauffeur to use any or all of the above methods to seek reimbursement.
 

Vehicle Owner Operator "Bailor" / Driver "Bailee" Invoice or Receipts System: -

  • Black Bow Chauffeur provides a Sign-up/Sign-in Admin Panel Dashboard which provides Invoice system for delivering Invoice to Clients/Traveller/User/Owner Operator "Bailor" / Driver "Bailee" for Transfers Services rendered.
  • Upon each Booking of Airport Transfers, Limo Hire, booked hire, Limousine and Chauffeur Services and Public Passenger Transportation Services for a Client, Black Bow Chauffeur prepares and issues an Invoice to the Client/User via Booking Confirmation email on your behalf. It includes a breakdown of amounts charged to the Client/User for Transportation Services and certain information about you (including your name, contact information, photo, Driver Authorisation Number, Your Vehicle Details I.e. Make + Model + Rego and all.
  • Any corrections to a Traveller Invoice for Transportation Services must be submitted to Black Bow Chauffeur in writing within 3 business days after the completion of such Transportation Services.
  • Absent such a notice, Black Bow Chauffeur shall not be liable for any mistakes in or corrections to the receipt or for recalculation or disbursement of the Fare.
 

Vehicle Owner Operator "Bailor" / Driver "Bailee" Service Fee: -

  • In consideration of Black Bow Chauffeur Booking Services to you, you agree to pay Black Bow Chauffeur a service fee / Admin Fee on per job at Best Available Vehicle Fare Calculations for Transfers Services transaction basis.
  • The Fare Calculation in (Best Available Vehicle Fare Price) ("Service Fee") (regardless of any Negotiated Fare). Black Bow Chauffeur will provide you with notice via email or via the Black Bow Chauffeur Sign-in/Sign-up Admin Dashboard, of the Owner Operator "Bailor" / Driver "Bailee" Share that applies to each Transfers Service that you provide.
  • You acknowledge that, unless regulations applicable to your Territory require otherwise, taxes (in particular GST) will be calculated and charged on each Fare, and Black Bow Chauffeur shall calculate the Service Fee on an amount equal to the (Best Available Vehicle price) Fare Calculation plus the amount of such taxes (in particular GST) that would be calculated on the amount of the Fare Calculation.
  • All Bookings Share/ Fare price(s) are Including GST and Both Parties acknowledge and agree to pay GST on their own share
 

Black Bow Chauffeur Fees Structure (paid by Owner Operators "Bailor")

The Black Bow Chauffeur fees is calculated on Best available vehicle price quoted through our 24/7 Instant Online Quote and Fixed Price Booking system. The fee structure for each category is

Vehicle: Fees/Job
Limo/Luxury Sedan : 20% (2passanger)
Luxury SUV - people movers : 25% (3-8Passanger)
Stretch limousine : 35% (1-16 per)
Airport transfer people mover : 25% (3-8 passenger)
Airport transfer minivan/ mini bus : 30% (10-35passenger)
 

Owner operator "Bailor" share

Vehicle : Fees Share
Limousine sedan : 80%
Luxury SUV-people mover : 75%
Stretch limousine : 65%
Airport transfer people mover : 75%
Airport transfer minivan/ mini bus : 70%
 

Driver commission "Bailee" (paid by owner operator)

From owner share 50%
*Please Note : Driver commission is strictly an agreement between Owner Operator and driver partners
 

You acknowledge and agree that Black Bow Chauffeur may, in its sole discretion:

  • adjust the Service Fee; or
  •  introduce a new model/ fare structure to determine the Service Fee payable by you. Black Bow Chauffeur will provide you written notice in the event of an increase to the Service Fee under above or the introduction of a new Service Fee model under above.
  • If either of these occurs, you have the right to terminate the Agreement immediately, with notice. Continued use of the Black Bow Chauffeur Services after any such change in the Service Fee calculation shall constitute your consent to such change.
 

Vehicle Owner Opreator "Bailor" / Driver "Bailee" - No Additional Amounts: -

  • Bailor & Bailee acknowledge and agree that, for the mutual benefit of the parties, through advertising and marketing, Black Bow Chauffeur and their affiliates may seek to attract new Users and to increase existing Clients’ use of the Black Bow Chauffeur.
  • Bailor & Bailee acknowledge and agree such advertising or marketing does not entitle you to any additional monetary amounts beyond the amounts expressly set forth in this Agreement.
 

Vehicle Owner Opreator "Bailor" / Driver "Bailee" - All Taxes i.e. GST or Income Tax: -

You acknowledge and agree that you are required to:

  • Complete all tax registration obligations and calculate and remit all tax liabilities related to your provision of Transportation Services as required by applicable law; and provide Black Bow Chauffeur with all relevant tax information requested of you by Black Bow Chauffeur and/or each of their affiliates (including a valid Australian Business Number (ABN) and/or Goods and Services Tax (GST) registration number under which you provide Transportation Services, if obtaining such a valid ABN and/or GST registration number is required of you by applicable law).
  • You further acknowledge and agree that you are responsible for taxes on your own earnings arising from your provision of Transportation Services, including without limitation, income tax and GST. Not with standing anything to the contrary in this Agreement, Black Bow Chauffeur may in its reasonable discretion based on applicable tax and regulatory considerations, or as required under the law, collect and remit taxes resulting from your provision of Transfers Services and/or provide any of the relevant tax and other information you have provided pursuant to the foregoing requirements in this Agreement above directly to the applicable governmental tax authorities on your behalf or otherwise.
 

Vehicle Owner Opreator "Bailor" / Driver "Bailee" Incentives: -

  • From time to time, Black Bow Chauffeur may make an incentive payment(s) to you as consideration for your satisfaction of certain conditions as determined by Black Bow Chauffeur in its discretion ("Conditions").
  • These Conditions may be included in promotional materials, and/or may be communicated to you, including via text message and email.
  • You acknowledge and agree that any incentive payment(s) is made to you at Black Bow Chauffeur’s sole discretion, subject to the Conditions.
  • You acknowledge and agree that Black Bow Chauffeur may, in its sole discretion, charge other fees in addition to the Service Fee including, fees related to airports. Black Bow Chauffeur will provide you written notice before it implements any such fees.
  • Your use of the Black Bow Chauffeur Booking Services after the implementation of the new fees shall constitute your consent to Black Bow Chauffeur charging such fees. If Black Bow Chauffeur imposes or provides notice of an intention to impose a fee under this Agreement, you have the right to terminate the Agreement immediately, with notice. There are no fees payable to Black Bow Chauffeur in connection with the Black Bow Chauffeur Admin Dashboard
 

Owner Operator "Bailor" / Driver "Bailee" Devices: -

  • You are responsible for the acquisition, cost and maintenance of your mobile device/s and any associated wireless data plans that you use to access the Black Bow Chauffeur Admin Panel. Subject to this Agreement, Black Bow Chauffeur grants you a personal, non-exclusive, non- transferable, non-sub licensable user right to Sign-ins/Sign-out and use the Admin Panel on your device solely for the purpose of providing Airport Transfers, Limo Hire, Limousine, Booked hire, Chauffeur services and Public Passenger Transportation Services.
  • This license shall immediately terminate in the event that you cease to provide Transportation Services using your mobile device, and you must then delete the Black Bow Chauffeur Admin Panel/ Dashboard from your mobile device.
  • You agree not to give the Admin Panel/Dashboard or any associated data to anyone else.
  • You agree that using the Black Bow Chauffeur Admin Panel/ Dashboard may consume very large amounts of data, and Black Bow Chauffeur advise that your mobile device should only be used under a data plan with unlimited, or at least very high, data usage limits. Neither Black Bow Chauffeur, nor their affiliates, shall be responsible or liable for any fees, costs, or overage charges associated with any data plan.
 

Vehicle Owner Opreator "Bailor" / Driver "Bailee" Term & Termination: -

This Agreement shall commence on the date that the Agreement is executed by you (electronically or otherwise) and will continue until terminated by you, Black Bow Chauffeur, which any party can do

(a) without cause at any time on 4 Weeks prior written notice to the other parties;
(b) immediately, without notice, for any other party’s material breach of this Agreement; or
(c) immediately, without notice, in the event of the insolvency or bankruptcy of any other party, or upon such other party’s filing or submission of request for suspension of payment (or similar action or event) against the terminating party. In addition, Black Bow Chauffeur may restrict you from using the Black Bow Chauffeur Admin Panel/Dashboard Services.

Black Bow Chauffeur restrict you from accessing or using the Black Bow Chauffeur Admin Panel/Dashboard immediately, without notice, in the event you no longer qualify, under applicable law or the standards and policies of Black Bow Chauffeur and their affiliates, to provide Transfers Services or to operate the vehicle, or as otherwise set out in this Agreement.

     

    Vehicle Owner Opreator "Bailor" / Driver "Bailee" Effect of termination: -

    Upon termination of the Agreement, you shall immediately delete and fully remove the Black Bow Chauffeur Admin Panel/Dashboard/ online portal from your mobile device(s). Outstanding payment obligations and all T&C Apply.

     

    Vehicle Owner Opreator "Bailor" / Driver "Bailee" Privacy Policy: -

    Your personal information will be collected, used and shared in accordance with the Black Bow Chauffeur Privacy Policy. Please visit at https://www.blackbowchauffeur.com.au/our-privacy-policy

     

    Intellectual Property: -

    • Subject to the terms and conditions of this Agreement, Black Bow Chauffeur hereby grants you, for no consideration, a non-exclusive, royalty-free, non-transferable, non-sub licensable, non-assignable license, during the term of this Agreement, to use the Black Bow Chauffeur Admin Panel/Dashboard in connection with the provision of the Black Bow Chauffeur solely for the purpose of providing Airport Transfers, limo Hire, Booked hire, Limousine, Chauffeur and Public Passenger Transportation Services to Travellers/Users and tracking resulting Fares and fees.
    • Black Bow Chauffeur, its affiliates and respective licensors reserve all rights not expressly granted in this Agreement.
    • The Black Bow Chauffeur Admin Panel/Dashboard and all data related to the access and use of the Admin Panel/Dashboard (including all intellectual property rights in all of the foregoing) are and remain the property of Black Bow Chauffeur, its affiliates or respective licensors.
    • You shall not improperly use the Black Bow Chauffeur Admin Panel/Dashboard.
    • You shall not use any of Black Bow Chauffeur names, logos or marks for any commercial purpose except as Black Bow Chauffeur expressly allows, nor shall you try to register or otherwise use or claim ownership over any of Black Bow Chauffeur or its affiliates’ names, logos or marks.
    • You shall not use any of Black Bow Chauffeur names, logos or marks for any commercial purpose except as Black Bow Chauffeur expressly allows, nor shall you try to register or otherwise use or claim ownership over any of Black Bow Chauffeur or its affiliates’ names, logos or marks.
     

    Vehicle Owner Operator "Bailor" / Driver "Bailee" Confidentiality: -

    This Agreement and any information provided by Black Bow Chauffeur to you, which Black Bow Chauffeur’s designates as confidential or which you should reasonably know should be treated as confidential, should be treated accordingly.

     

    Vehicle Owner Operator "Bailor"/ Driver "Bailee" Both Party Must follow Fatigue Management

    What is Driver fatigue?

    • Driver fatigue, or tiredness, is a general term used to describe the experience of being "sleepy", "tired" or "exhausted". Symptoms include restlessness, boredom, inability to maintain a steady speed and sore or tired eyes. Fatigue is not just a problem for drivers on long trips as any drivers can also suffer from fatigue even on short trips.
    • The effect of fatigue is both a physiological and a psychological experience and can severely impair judgement when driving. Driver fatigue can cause lapses in concentration which could prove fatal.
    • Fatigue is involved in up to 30 per cent of fatal crashes and up to 15 per cent of serious injuries requiring hospital treatment. Being awake for more than 17 hours is similar to having more than two standard drinks and having a blood alcohol content of more than 0.05.
    • The problem with fatigue is that it slowly develops, and drivers often do not realise they're too tired to drive safely. Drivers must learn to recognise the warning signs and take a break before it is too late.
     

    Vehicle Owner Opreator "Bailor"/ Driver "Bailee" Legislative requirements: -

    • Under section 10 of the Transport Operations (Passenger Transport)
    • Standard 2010 (the Standard), a driver of a public passenger vehicle must not operate a vehicle while fatigued.
    • Section 21 of the Standard imposes a requirement on operators of a public passenger services to take reasonable steps to ensure that each driver complies with the fatigue management requirements.
    • If a Driver operates a vehicle or a combination with a gross vehicle mass of more than 12 tonnes or a bus that can carry more than 12 adults (including the driver) they must also comply with the requirements of the Heavy Vehicle National Law Act 2012.
    • This national legislation came into effect on 1 October 2013 and is managed by the National Heavy Vehicle Regulator. The new laws introduced some changes which bring Queensland in line with the other participating jurisdictions, reducing confusion for drivers
    • The general duty on all parties under the Chain of Responsibility laws to take reasonable steps to ensure road transport laws are complied with and to manage driver fatigue remain unchanged under the new national laws. This information bulletin provides suggestions for both drivers and operators on how to identify and prevent driver fatigue.
    • This information bulletin is intended as a guideline only and may not be taken as a point of law. Additional information about managing heavy vehicle driver fatigue may be found on the Department of Transport and Main Roads’ website at www.tmr.qld.gov.au or on the National Heavy Vehicle Regulator’s website at www.nhvr.gov.au.
     

    Causes of fatigue: -

    • Inadequate amount or quality of sleep over an extended period.
    • Sustained mental or physical effort.
    • Disruption of the normal cycles of daytime activity and night sleep.
    • Environmental stresses during sleep (such as light, heat and noise).
    • Medication (some medications cause drowsiness).
    • Diagnosed or undiagnosed sleep disorders (sleep apnoea, insomnia and narcolepsy).
    • Obesity/bad dietary habits.
    • Night work (causes sleep implications as daytime sleep is less restorative than nocturnal sleep).
    • Workload and lifestyle choices (illness, childcare, sport, socialising, studying).
     

    How to identify fatigue: -

    • Repeated yawning.
    • Loss of attentiveness.
    • Slower reaction times.
    • Impaired judgement.
    • Feelings of drowsiness or tiredness.
    • Reduced alertness.
    • Sore, red and tired eyes.
    • Dim or fuzzy vision.
    • Droning or humming in ears.
    • Wandering or disconnected thoughts.
    • Mood swings (feeling irritable and restless).
    • Muscle stiffness and cramps.
    • Difficulty in keeping your head up or eyes open.
    • Your driving speed creeps up or down.
    • You find it difficult to maintain your lane position when driving.
     

    How to prevent fatigue: -

    For Driver "Bailee": -

    In-vehicle fatigue management strategies: -

    • Stop regularly, at least once every two hours and take short breaks.
    • Walk around for a while, exercise and breathe deeply.
    • Counteract fatigue with regular healthy food and drink.
    • High protein and low glycaemic index (GI)foods are best, for example, a salmon sandwich on wholegrain bread. (Avoid excessive, consumption of high calorie, high fat and high GI foods such as thick shakes as these can make you drowsy).
    • Carry plenty of drinking water in the vehicle
    • Wear sunglasses when driving to minimise glare.
    • Do not exceed the maximum driving periods specified by legislation.
    • Check what prescription medicines you are taking - some can affect your alertness or cause
    • drowsiness.
    • Check with your pharmacist or doctor.
     

    General fatigue management strategies: -

    • Ensure adequate sleep (minimum six consecutive hours in a single 24-hour period, however the average required on a sustained basis is about seven to eight hours).
    • Set up conditions at home (and the vehicle) so you can get as much sleep as possible. (Reduce noise, light and disturbances).
    • Enlist family support for a peaceful environment when sleeping (particularly when sleeping in daylight).
    • Stress management (work related and personal stress).
    • Improve general health and fitness. Exercise. Avoid being overweight.
    • Have regular health checks. Ensure that you do not have a sleep disorder or other medical conditions that could affect your driving ability.
    • Check what prescription medicines you are taking - some can affect your alertness or cause drowsiness. Check with your pharmacist or doctor.
     

    FOR Vehicle Owner Operator ("Management") "Bailor": -

    General fatigue management strategies for your Bailor: -

    • Control and monitor shifts to minimise driver "Bailee" fatigue. (Drivers must work to the regulated work and rest arrangements).
    • Reduce or eliminate irregular shift patterns. The impact of fatigue is greater for drivers with irregular shift patterns. Incorporate short breaks in shifts.
    • Arrange the driver’s roster to maximise the opportunity to recover from the effects or onset of fatigue.
    • Encourage health and fitness of drivers.
    • Provide information to promote driver health.
    • Be aware if drivers have a second job.
    • Does the driver’s lifestyle contribute to fatigue (sporting commitments, study commitments, new parent or illness)? For example, a full day of study followed by a work shift, is very tiring as it is the number of hours a driver has been awake not just the length of the shift, that contributes to fatigue.
    • Consider the questions below to assist you in managing your drivers’ fatigue.
     

    Scheduling and rostering: -

    • the scheduling of trips should allow for drivers to take adequate rest breaks and provide drivers with the flexibility to manage their fatigue.
    • Do you consider fatigue management measures when rostering drivers?
    • Do you allow sufficient time for drivers to take adequate breaks?
    • Are drivers provided with sufficient days off to recover from the cumulative effects of fatigue caused by extended periods of work?
    • Are drivers regularly asked to drive during the peak fatigue times, namely 2pm - 4pm and 10pm - 6am?
    • Do drivers ensure that they consider the impact of activities such as recreational activities and personal life on their well-being and capacity to work safely
    • Are drivers using time off responsibly to prepare for/recover from the fatigue effects of work?
    • Training and education – all personnel should be provided with training on the prevention of fatigue.
    • Are drivers and management provided with training and education on fatigue management issues?
    • Are drivers given a copy of Workplace Health and Safety Queensland "Managing fatigue: a guide for the workplace"?
    • Do drivers/management have the knowledge and skills to practise effective fatigue management?
    • Are drivers/management tested on their knowledge of fatigue management (for example, by a quiz?)
    • Is the fatigue management training revisited on a periodic basis?
    • Has a formal fatigue management program been developed that caters for the needs of your organisation?
    • Are drivers provided with information on their Occupational Health and Safety responsibilities?
    • Does management actively encourage fatigue management training?
    • Does management initiate contact with the driver to monitor fatigue?
     

    New drivers – induction & Training program: -

    • Both Party Bailor & Bailee acknowledge and understand with fatigue management training.
    • Both Party Bailor & Bailee acknowledge and understand Workplace Health and Safety Queensland "Managing fatigue"
     

    Additional information

    • The information contained in this bulletin has been produced as a guide to assist in the understanding of the legislation and policy. Clarification of any information in this bulletin may be obtained from the Department of Transport and Main Roads by contacting your local Passenger Transport office of the Department.
    • This bulletin is an interpretation of the relevant Acts, Regulations and Standard and should not be used as a reference to a point of law.
    • Copies of the Transport Operations (Passenger Transport) Act 1994, Transport Operations (Passenger Transport) Regulation 2005 and Transport Operations (Passenger Transport) Standard 2010 can be purchased from Lit Support Pty Ltd on 07 3223 9202 or email legislation@litsupport.com.au
    • The legislation may be viewed on the internet at www.legislation.qld.gov.au. Additional information about public passenger services is available on the Department of Transport and Main Roads internet site at www.tmr.qld.gov.au
     

    Vehicle Owner Operator "Bailor" / Driver "Bailee" Insurance, Incidents & Accidents: -

    • Vehicle Owner Operator "Bailor" / Driver "Bailee" acknowledge and agree to maintain during the term of this Agreement comprehensive motor vehicle Insurance, Public liability insurance, on each and all vehicles which you operate at insurance levels that satisfy the minimum requirements to operate an Airport Transfers, Limo Hire, Booked hire, Hire Car, Limousine, Chauffeur and Public Passenger service Vehicle/s on public roads within the Territory, as well as any other minimum motor vehicle liability insurance cover which Black Bow Chauffeur requests you hold.
    • You agree to provide Black Bow Chauffeur with a copy of the insurance policy, policy declarations, proof of insurance identification card and proof of premium payment for the insurance policy required in this terms upon request. Furthermore, you must provide Black Bow Chauffeur with written notice of cancellation of any insurance policy required by Black Bow Chauffeur.
    • Black Bow Chauffeur shall have no right to control your selection or maintenance of your policy.
    • You understand and acknowledge that your Airport Transfers, Limo Hire, Booked hire, Limousine, Chauffeur and public passenger motor vehicle insurance policy, including any insurance coverage held via a commercial arrangement you have with a vehicle rental or leasing provider, may not afford liability, comprehensive, collision, medical payments, first or third party no fault personal injury protection, uninsured motorist, underinsured motorist or other coverage while you provide for any Transportation Services you provide pursuant to this Agreement.
    • If you have any questions or concerns about the scope or applicability of your own insurance coverage, it is your responsibility, not Black Bow Chauffeur’s, to resolve them with your insurer(s).
    • Black Bow Chauffeur may maintain during the term of this Agreement insurance related to your provision of Transportation Services as determined by Black Bow Chauffeur in its reasonable discretion, provided that Black Bow Chauffeur and its affiliates are not required to provide you with any specific insurance coverage for any loss to you or your vehicle. Should Black Bow Chauffeur procure insurance related to your provision of Transfers Services, Black Bow Chauffeur may cancel such coverage at its sole discretion at any time. You are required to promptly notify Black Bow Chauffeur of any accidents that occur while providing Transportation Services and to cooperate and provide all necessary information.
    • In relation to the Transfers Services, you agree that you are not an employee, or a worker or a deemed worker for the purposes of any workers compensation laws and therefore acknowledge that Black Bow Chauffeur do not, and are not required to, maintain or provide you with workers’ compensation insurance or maintain other occupational accident injury insurance on your behalf.
    • You agree to maintain at your cost during the term of this Agreement workers’ compensation insurance or other occupational accident injury insurance (or the local equivalent) as required by any applicable law in the Territory (provided that the foregoing shall have no impact on the mutual understanding between you and Black Bow Chauffeur that you are a self-employed individual (including from a labour and social security perspective) and otherwise comply with all statutory workers compensation requirements.
    • If permitted by applicable law, you may choose to insure yourself against industrial injuries by maintaining occupational accident insurance in place of workers’ compensation insurance. Furthermore, if permitted by applicable law, you may choose not to insure yourself against industrial injuries at all but do so at your own risk.
     

    Vehicle Owner Operator "Bailor" / Driver "Bailee" Excess on Each Incidents & Accidents: -

    Appointed Vehicle Driver "Bailee" acknowledge and Agree to pay Excess money to Vehicle Owner Operator "Bailor" in the event of any Accident/incidents.

     

    Vehicle Owner Operator "Bailor" / Driver "Bailee" Personal injury insurance: -

    • Both Party Bailor & Bailee have their own personal injury insurance (Highly Recommended) when driving an airport transfer/Booked hire/Hire Car/Limousine/public passenger vehicle, which should fully insure or cover personal injury.
    • The personal injury insurance information given by the insurer and included in the product disclosure statement and schedule of cover, for the personal injury insurance.
    • The Bailor/Bailee must take out and keep current a personal injury insurance policy with a reputable insurer to cover his loss of his Income/ earnings. (in case he is not Fit to Drive)
     

    Vehicle Owner Operator "Bailor" / Driver "Bailee" Indemnity: -

    You shall indemnify, defend (at Black Bow Chauffeur option) and hold harmless Black Bow Chauffeur and their affiliates and each of their respective officers, directors, employees, agents, successors and assigns from and against any and all liabilities, expenses (including legal fees), damages, penalties, fines, social security contributions and taxes arising out of or related to:

    (a) your breach of your representations, warranties or obligations under this Agreement; or
    (b) a claim by a third party (including Users, regulators and governmental authorities) directly or indirectly related to your provision of Transportation Services or use of the Black Bow Chauffeur Admin Panel ("Losses"). Your liability under T&C shall be reduced proportionately if, and to the extent that, Black Bow Chauffeur directly caused or directly contributed to any such Losses.

     

    Vehicle Owner Operator "Bailor"/ Driver’s "Bailee" Incidents, accidents and indemnities: -

    • Incident means any event occurring during a shift or when the General Service, booked hire, Hire Car and Limousine vehicle is in the possession of the Driver "Bailee", in which:
    • The General Service, booked hire, Hire Car and Limousine vehicle or any fixture, fitting or equipment in the vehicle is stolen or lost;
    • The General Service, booked hire, Hire Car and Limousine vehicle or any fixture, fitting or equipment in the vehicle, is damaged by any means;
    • The General Service, booked hire, Hire Car and Limousine vehicle is involved in a collision resulting in damage to another vehicle or any other property; or
    • A person suffers injury when in the General Service, booked hire, Hire Car and Limousine vehicle or when entering, leaving or accessing any part of the vehicle.
     

    If an incident Occurs, the Owner Operator "Bailor" / Driver "Bailee" will: -

    • Make no admission of liability to any party;
    • as soon as practicable, verbally notify the Owner Operator "Bailor" / driver "Bailee" of the circumstances of the incident;
    • as soon as practicable, give the owner operator "Bailor" / Driver "Bailee" a written report of the incident, including (if known) particulars of: Any party involved in the incident;
    • If the incident involves a collision with another vehicle driven by a person other than the registered operator of the vehicle;
    • Any witnesses;
    • Any injury suffered by a party involved in the incident; and
    • Any damage to or loss of property arising out of the incident.
    • Give to the operator within 48 hours after coming into his or her possession (or if the driver is incapacitated as soon as possible) the following:
    • A copy of any statement made by the driver to the police concerning the incident; and
    • Any document posted, delivered or served on the driver by or on behalf of any party making any claim against the driver or the operator in respect of the incident.
    • In respect of any incident to which the insurances set out in this Agreement refer, the operator shall be responsible for responding to all communications from any party making a claim against the driver or the operator in respect of the relevant incident.
    • The operator indemnifies the driver in respect of liability for damage to the General service, booked hire, Hire Car and limousine vehicle and property damage that they may (General service, Hire Car, booked hire and limousine vehicle) cause arising out of the authorised use of the General service, booked hire, Hire Car and limousine vehicle by the driver.
    • This indemnity does not apply to the extent that the damage resulted from or was occasioned by the driver’s wilful misconduct, wilful act or omission, or wilful breach of this Agreement.
     

    Subject to the above clause this agreement indemnifies the other party against all liabilities, losses, expenses and costs that the other party sustains or incurs as a result of:

    (a) Any material breach of this agreement by either party; or
    (b) Any negligent act or omission or any misconduct by either party.

     

    In case of Accident - Check List for things you need to do: -

    • Please Click all angle images for both vehicles- Front. Back, Right side and left side.
    • Please Click all angle images for both vehicles- Front. Back, Right side and left side.
    • Click pictures of another driver licence front and back
    • Please exchange contact details with the driver (Name, phone, address)
    • Please take other parties insurance provider and registration details.
    • Please take owner of the vehicle details (Name, phone, address), in case driver is driving some else’s car.
    • Any witness details (Name, phone, address)
    • If the police have been involved, please have the police report number.
     

    In case of incident - Check list for things you need to do: -

    • Driver details required
    • Vehicle details required
    • Operator Details required
    • Date and time of Incident required
    • Booking details
    • Location of incident
    • Nature of assistance required (if any) for example: ambulance, fire brigade, police or mechanic, tow truck, RACQ.
    • Nature and extent of damage to vehicle
    • Number of persons involved in the incident
    • Number of persons injured or killed as a result of the incident
    • Any Alternate arrangements made (call a local taxi)
    • Any Witness
    • Contact Incident manager
     

    Vehicle Owner Operator "Bailor" / Driver "Bailee" Representations and warranties: -

    You hereby represent and warrant that:
    (a) you have full power and authority to enter into this Agreement and perform your obligations hereunder;
    (b) you have not entered into, and will not enter into, any agreement that would prevent you from complying with this Agreement; and
    (c) you will comply with all applicable laws in your performance of this Agreement, including holding and complying with all permits, licenses, registrations and other governmental authorisations necessary to provide Airport Transfers, Limo Hire, Booked hire, Limousine, Chauffeur and Public Passenger Transfers Services under this Agreement, and passenger transportation services to third parties in the Territory generally.

     

    Vehicle Owner Operator "Bailor" / Driver "Bailee" Disclaimer: -

    • This Term applies only to the maximum extent permitted by applicable law and does not (and is not intended to) override any rights that you have pursuant to applicable law, including the Australian Consumer Law.
    • Black Bow Chauffeur and their affiliates (as applicable) provide, and you accept, the Black Bow Chauffeur Admin Panel/Dashboard on an "as is" and "as available" basis, and do not represent, warrant or guarantee that the Black Bow Chauffeur will be uninterrupted or error free or will result in any requests for Transfers Services.
    • Black Bow Chauffeur and their affiliates function as on-demand lead generation and related service providers only and Black Bow Chauffeur and their affiliates make no representations, warranties or guarantees as to the actions or inactions of the Travellers/Users who may request or receive Transportation Services from you, and Black Bow Chauffeur and their affiliates do not screen or otherwise evaluate Travellers/Users.
    • Notwithstanding the appointment of Black Bow Chauffeur as the limited payment collection agent of you for the purpose of accepting payment from Travellers/Users on your behalf as set forth in T&C, Black Bow Chauffeur and each of their affiliates expressly disclaim all liability for any act or omission of you, any User or other third party.
     

    No Service Guarantee to Owner Operator "Bailor" / Driver "Bailee".

    • This Term applies only to the maximum extent permitted by applicable law and does not (and is not intended to) override any rights that you have pursuant to applicable law, including the Australian Consumer Law.
    • Black Bow Chauffeur and their affiliates do not guarantee the availability or uptime of the BBC Admin.
    • You acknowledge and agree that the Black Bow Chauffeur Admin Panel/Dashboard may be unavailable at any time and for any reason (e.g., due to scheduled maintenance, Glitch in Technology or network failure). Further, the BBC Admin Panel may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications, and Black Bow Chauffeur and their affiliates are not responsible for any delays, delivery failures or other damages, liabilities or losses resulting from such problems.
     

    Vehicle Owner Operator "Bailor" / Driver "Bailee" Limitation of Liability: -

    This Terms applies only to the maximum extent permitted by applicable law, and does not (and is not intended to) override any rights that you have pursuant to applicable law, including the Australian Consumer Law.

    Black Bow Chauffeur and each of their affiliates shall not be liable under or related to this Agreement for any of the following, whether based on contract, tort or otherwise, even if a party has been advised of the possibility of such damages:
    (i) any incidental, punitive, special, exemplary, consequential, or other indirect damages of any type or kind; or
    (ii) your or any third party’s property damage, or loss or inaccuracy of data, or loss of business, revenue, profits, use or other economic advantage. Except for Black Bow Chauffeur or an affiliate, obligation to remit amounts owed to you pursuant to T&C above, but subject to any applicable limitations or other provisions contained in these Agreement, in no event shall the liability of Black Bow Chauffeur and/or any of their affiliates under this Agreement exceed the amount of Service Fees actually, paid to or due to Black Bow Chauffeur in the 6 months immediately prior the event giving rise to such claim.

    You acknowledge and agree that any and all claims you have or purport to have against Black Bow Chauffeur and/or their affiliates should be notified to Black Bow Chauffeur and/or their affiliates within one (1) Month after the event(s) that gave rise to such claim and that you forfeit all rights in respect of that claim if you fail to do so. This limitation of liability only applies to the extent the law allows.

     

    Vehicle Owner Operator "Bailor" / Driver "Bailee" Relationship: -

    • Black Bow Chauffeur is acting as the limited payment collection agent solely for the purpose of collecting payment from Travellers/Users on your behalf, except as otherwise expressly provided herein.
    • This Agreement is not an employment agreement, and does not create an employment, independent contractor or worker relationship (including from a labour law, tax law or local law perspective), joint venture, partnership or agency relationship.
    • You have no authority to bind Black Bow Chauffeur and/or their affiliates, or hold yourself out as an employee, independent contractor, worker, agent or authorized representative of Black Bow Chauffeur and/or their affiliates.
    • Where, by implication of mandatory law or otherwise, you may be deemed an agent or representative of Black Bow Chauffeur or any of their affiliates, you undertake and agree to indemnify, defend (at Black Bow Chauffeur’s option) and hold Black Bow Chauffeur and any of their affiliates harmless from and against any claims by any person, entity, regulators or governmental authorities based on such implied employment, agency or representative relationship.
    • The indemnity set out in this Term, insofar as it relates to a finding by a judicial body or legislative authority of competent jurisdiction that there is NOT an employment relationship between you and Black Bow Chauffeur, any of their affiliates, applies only to that proportion of Black Bow Chauffeur liability that directly or indirectly relates to you holding yourself out to be an employee of Black Bow Chauffeur or any of their affiliates, or any other act or omission by you that is not expressly authorised by Black Bow Chauffeur and would reasonably suggest to a third party that you are an employee of Black Bow Chauffeur or any of their affiliates.
    • You expressly agree that where required or implied by applicable law or otherwise, you may be deemed an employee, agent or representative of Black Bow Chauffeur or an Affiliate of Black Bow Chauffeur, any payments made to you will be taken to be inclusive of

    (i) superannuation contribution amounts;
    (ii) amounts equivalent to all taxes (including but not limited to income taxes) payable by you in respect of those payments, in each case that Black Bow Chauffeur (or any of their affiliates) may otherwise be required to pay under applicable law.

     

    Driver "Bailee" Training - Incident Management Plan:

    Name of Driver "Bailee": - .......................... / Driver's Authorisation Number: .......................

    Type of Training: Introductory: Yes In-service Yes Understand T&C…. Yes Date of Training: ..........................

    Training conducted by: - Vehicle Owner Operator "Bailor" ..................................

    Training Content: Bailee and Bailor agreement in details/ Fatigue Management/ Driver's Duty of Care/ Vehicle Details, Insurance Details, Important Contact Numbers, Check List in Case of Accident/ Check List in Case of Incident/ Black Bow Chauffeur Admin Panel/ Online Portal/ Driver’s Own Dashboard/ Payment Method/ Invoice System/ Tax/ Driver’s Warranties/ Driver’s Obligations and All Terms and Conditions in this Agreement.

     

    Driver "Bailee" Declaration: -

    I, ..............................., Acknowledge /Agree and confirm that to have completed the above training and will comply with the terms & condition requirements as detailed in this Agreement.

    Electronic Signature on Date ....................................... and Time: - .........................

     

    Vehicle Owner Operator "Bailor"/ Driver "Bailee" Personal cleanliness: -

    Both Parties Owner Operator/ Bailor and Driver/ Bailee acknowledge and Agree to must be well groomed while presenting themselves to Black Bow Chauffeur’s Travellers/Users/Client’s as their designated Chauffeur or the day.

     

    Vehicle cleanliness: - Vehicle Owner Operator-Driver must: -

    • wash the vehicle before starting his shift.
    • All mats must be cleaned after each job completed.
    • The interior of car must be cleaned with car wipes or micro fibre cloths every day.
    • Car deodorizer must be used to maintain the freshness of the vehicle.
     

    Necessary items to be carried in vehicle at all the times: -

    • Pen and note pad.
    • Torch.
    • Street directory (current edition).
    • Manual card imprinter (if any).
    • Fire extinguishers (if any).
    • First aid kit.
    • IPhone-Smart Phone / iPad-Tablet / with 4G connection. (min Data Required 6GB)
    • Current driver authorisation.
    • Hand sanitizer
    • Car perfume
    • Personal deodorant / perfume
    • Phone-Tablet Charger
    • Bottle of Water for your Client
    • Cleaning Tools / For Keep your Vehicle Clean.
     

    Distractions may Cause Accidents Never enter data while driving and obey traffic regulations always.

    Before driving Vehicle Checks list: -

    • Oil/water.
    • Lights/indicators.
    • Brakes/tyres.
    • Windscreen Clean.
    • Steering/horn.
    • Fuel level.
    • Any Damage?
    • General cleanliness/condition inside and outside.
    • I understand Driver Fatigue management.
    • I understand incident management plan
    • I understand and agree all terms and conditions.
    • I read and understand Incident Management Plan.
    • Vehicle Driver "Bailee" .............................. Declaration: I Acknowledge/Accept and Confirm that I Inspect the vehicle on daily basis and I will comply with the all Agreement requirements as detailed.
    • In case of any faults or concerns............................... contact management immediately.
     

    Important Black Bow Chauffeur Contact Lists

    Black Bow Chauffeur / Transfers Booking Service

    QLD-Brisbane - 07 3314 0152
    QLD-Gold Coast - 07 3667 0706
    WA-Perth - 08 6311 7757
    VIC-Melbourne - 03 8648 9381
    SA-Adelaide - 08 8311 0486
    NSW-Sydney - 02 8072 7508

    Incident Manager / Vehicle Owner Operator "Bailor" .................................
    Contact Number: .................................

    Emergency Services
    Police, Fire or Ambulance
    Contact Number: 000
    Insurance Provider
    NRMA Choice Insurance ..........................................
    Contact Number: 132 132 +61 (07) 3867 2616

    National Trauma Debriefing Provider
    (Bus operators only)
    (Get permission)
    Contact Number: 132 132 +61 (07) 3867 2616

    Mobile Towing Service
    Ready Towing
    Contact Number: 13 18 69

    Roadside assistance
    RACQ
    Contact Number: 13 19 05

    Traffic Reports
    Contact Number: 13 19 40

    Translating & interpreting Service
    Contact Number: 13 14 50

    Local Taxi Company
    Contact Number: 13 14 50

    Translating & interpreting Service
    Yellow Cabs Qld Gold Coast Cabs
    Contact Number: 13 19 24 131 008

    Department of Transport and Main Roads
    Enquiries about registration and licensing, feedback, compliments and complaints.
    Contact Number: 13 23 80

    National Security Hotline (24 hour)
    Possible Terrorist activity
    Contact Number: 1800 123 400
    Email: hotline@nationalsecurity.gov.au

     

    General Conditions: -

    You hereby acknowledge and agree that, by using the Black Bow Chauffeur Admin Panel/Dashboard, or downloading, installing or using the Mobile App, you are bound by any future amendments and additions to this Agreement, information referenced at hyperlinks herein, or documents incorporated herein, including with respect to Fare Calculations. Continued use of the BBC Admin Panel/Dashboard after any such changes shall constitute your consent to such changes. Invalidity of any provision in this Agreement does not affect the rest of this Agreement.

    Black Bow Chauffeur may assign or transfer this Agreement or any or all of their respective rights or obligations hereunder, in whole or in part, without your prior consent (you may not, however, as the Agreement needs to remain with you). Should Black Bow Chauffeur do so, you have the right to terminate this Agreement immediately, without prior notice. Each of Black Bow Chauffeur may subcontract its rights and obligations under this Agreement. This Agreement, including the recitals and all supplemental terms, constitutes the entire agreement and understanding of the parties with respect to its subject matter, and replaces and supersedes all prior or contemporaneous agreements or undertakings on this subject matter. In this Agreement, "including" and "include" mean "including, but not limited to."

     

    Vehicle Owner Operator "Bailor"/ Driver "Bailee" Uniform Standard: -

    Both Parties Vehicle Owner Operator "Bailor" & Driver "Bailee" must be in the formal attire at all times while at duty or Driving for Black Bow Chauffeur’s Bookings/Travelers/User/Clients.

    Shirt : White Business Shirt
    Coat : Black / Dark Blue
    Trousers: Black / Dark Blue
    Tie : Black bow tie or Black Bow Chauffeur Business Tie only
     

    Modification: -

    Black Bow Chauffeur reserve the right to modify the terms and conditions of this Agreement at any time, effective upon publishing an updated version of this Agreement on the online portal/Admin Panel/Dashboard available to you on the Black Bow Chauffeur Admin Panel/Dashboard.

    Black bow Chauffeur reserve the right to modify any policies or information referenced at hyperlinks from this Agreement from time to time.

    Black Bow Chauffeur will provide you with written notice in the event of a material change to any terms of the Agreement, provided that in such event you shall have the right to terminate the Agreement immediately upon receiving notice from Black Bow Chauffeur.

    You hereby acknowledge and agree that, by using the Black Bow Chauffeur Admin Panel/Dashboard, you are bound by any future amendments and additions to this Agreement, information referenced at hyperlinks herein, or documents incorporated herein, including with respect to Fare Calculations. Continued use of the Black Bow Chauffeur Admin Panel/ Dashboard after any such changes shall constitute your consent to such changes.

     

    Recording conversation/ call records and Keeping whole written conversation Records: -

    Both Parties Vehicle Owner Operator "Bailor" and Vehicle Driver "Bailee" acknowledge and agree Black Bow Chauffeur may record any Conversation/ Discussion / any call record by phone / face to face or any written Email Conversation for Quality and Training Purpose or Keeping all record.

    it is legal for a telephone call to be secretly recorded by an external device (e.g. Dictaphone) by a person who is a party to the conversation – s 43, Invasion of Privacy Act 1971 (QLD);
    it is legal for a face to face conversation to be secretly recorded by a person who is a party to the conversation – s 43, Invasion of Privacy Act 1971 (QLD);

     

    Supplemental Terms: -

    • Supplemental terms may apply to your use of the Black Bow Chauffeur Admin Panel/Dashboard, such as use policies or terms related to certain features and functionality, which may be modified from time to time ("Supplemental Terms"). You may be presented with certain Supplemental Terms from time to time. Supplemental Terms are in addition to, and shall be deemed a part of, this Agreement.
    • Black Bow Chauffeur will provide you written notice in the event that it adds or modifies Supplemental Terms in a manner that it reasonably considers materially alters your rights under the Agreement, provided that in such event you shall have the right to terminate the Agreement immediately upon receiving notice from Black Bow Chauffeur. Supplemental Terms shall prevail over this Agreement in the event of a conflict.
    • Third Party Beneficiaries except for Black Bow Chauffeur affiliates. You acknowledge that there are no third-party beneficiaries to this Agreement except for Black Bow Chauffeur affiliates. Nothing contained in this Agreement is intended to or shall be interpreted to create any third-party beneficiary claims, except with respect to Black Bow Chauffeur and Black Bow Chauffeur’s affiliates.
     

    Vehicle Owner Opreator "Bailor" / Driver "Bailee" Notices or any Communications.

    • Any Communications or notice delivered by Black Bow Chauffeur to you under this Agreement will be delivered by email to the email address associated with your account or by posting on the Black Bow Chauffeur Admin Panel/Dashboard or the Any online portal available to you on the Black Bow Chauffeur Online Portal/Admin Panel/Dashboard.
    • Any notice delivered by you to Black Bow Chauffeur under this Agreement must be delivered by contacting Black Bow Chauffeur in writing. Additional Territory-specific notices may be required from time to time.
     

    Agreement Termination by Black Bow Chauffeur:

    Black Bow Chauffeur has full rights to immediately cancel the agreement if the Vehicle Owner Operator "Bailor" / Driver "Bailee" does not abide by the fundamental obligation of this agreement.

    Driver "Bailee must bring the car back to Vehicle Owner Operator "Bailor" without any excuse. At end of the agreement if the driver refuses to drop the vehicle at the base. this possession will be illegal possession and Vehicle Owner Operator "Bailor" have full rights to take a legal action against the Driver "Bailee". Its driver’s responsibility to complete self-assessment of the vehicle and signed before returning the vehicle to the base.

     

    Agreement Termination by the Driver "Bailee": -

    When Driver "Bailee" decide to cancel the agreement at any time, 4 weeks written notice must be provided to the Vehicle Owner Operator "Bailor" to find the replacement. However, if you decide not to give prior notice Vehicle Owner Operator "Bailor" have full rights to Claim/Charge Driver "Bailee" for loss of his Income as forfeit and Driver "Bailee" acknowledge and agree with this term.

     

    Repossession Of The Vehicle by Vehicle Owner Operator "Bailor": -

    The Owner Operator "Bailor" may repossess vehicle (General Service, booked hire, Hire Car and limousine and Public Passenger vehicle) and without notice to the driver if:

    (a) the Vehicle Owner Operator "Bailor" has reasonable grounds to suspect that the driver is using the General service, booked hire, Hire Car, Limousine and Public Passenger vehicle for any purpose not authorised under this agreement, or for an illegal or illicit purpose; or

    (b) the driver has defaulted in payment of any monies due under this agreement; or performance of any material term of this agreement.

     

    Costs and expenses payable on repossession: -

    If the operator repossesses the General service, booked hire, Hire Car and limousine vehicle, the driver will pay the operator on demand all reasonable costs and expenses relating to the repossession and any other damages or compensation arising out of or be relating to such repossession.

     

    Privacy Act acknowledgement consent and authorities by Owner Operator "Bailor"/ Driver "Bailee":

    • Authority for Vehicle Owner Operator "Bailor" to obtain credit and other information
    • To enable the operator to assess the driver’s "Bailee" suitability as a driver and of the driver’s operations, the driver authorises the operator.
    • To obtain from a credit reporting agency a credit report containing personal credit information about the driver.
    • To obtain from a business which provides information about commercial credit worthiness of persons a report containing information about the driver’s commercial activities or commercial credit worthiness;
    • To give to and/or obtain from any credit provider(s) named in a report held by a credit reporting agency information about the driver’s credit arrangements, including information about the driver’s credit worthiness, credit standing, credit history or credit capacity; and
    • Acknowledgment and consent by driver
    • By signing this agreement, the driver "Bailee" acknowledges and consents that credit information collected by the operator may be given to a credit reporting agency for the purposes authorised under this agreement and as authorised by law to create a credit information file or to include this information in the driver’s credit information file.
    • The driver understands that the operator may give a credit reporting agency certain personal information about the driver, which the driver authorises, the operator to do and the driver acknowledges that the operator will rely on this authorisation as confirmation of compliance with the requirements of the Privacy Act 1988 (Cth).
    • The personal information which may be given to an agency is covered by the Privacy Act 1988 (Cth) and includes:
    • Such permitted information about the driver which the driver allows to be identified;
    • The fact the driver has applied for the operator to charge a credit facility;
    • Payments which become overdue more than 60 days for which collection action has commenced;
    • Advice that payments are no longer overdue;
    • In specific circumstances that in the operator’s opinion the driver has committed a serious infringement or that the driver has or has not discharged his or her obligations under this agreement.
    • Access to personal information
    • If the National Privacy Principles in the Privacy Act 1988 (Cth) apply to the operator, the driver may access their personal information held by the operator by contacting the operator. The driver acknowledges that in certain circumstances allowed at law, the operator may refuse to provide such access.
     

    Personal information: -

    personal information means information or opinion about an individual whose identity is apparent or can reasonably be ascertained from the information or opinion.

     

    Governing Law and Jurisdiction: -

    Except as otherwise set forth above, these Agreement shall be exclusively governed by and construed in accordance with the laws of Queensland State in Australia.

    By clicking "Yes, I Got It" or signing In Black Bow Chauffeur Online Portal / Admin Panel / Dashboard below (as such may be required by applicable law), you (Sign-in Black Bow Chauffeur Admin Panel/Dashboard) expressly acknowledge that you (Bailor & Bailee) have read, understood, and taken steps to thoughtfully consider the consequences of this Agreement, that you agree to be bound by the terms and conditions of the Agreement, and that you are legally competent to enter into this Agreement with Black Bow Chauffeur.