Suburban Transport Services Pty Ltd

1. About these Terms

These Terms and Conditions apply to booking, dispatch, call-centre, technology, payment facilitation, customer service and related services provided by Suburban Transport Services Pty Ltd (STS).

STS provides these services in a number of capacities, including:

• in connection with taxi networks and brands operated or managed by STS;
• as the contracted service provider for the Access Taxi Centralised Booking Service;
• under contract to other taxi networks, transport providers, organisations and service providers;
• through services provided under another organisation’s trading name or brand;
• through telephone, website, mobile application, automated, online or other booking channels; and
• through third-party booking, dispatch, technology or communications platforms.

For the purposes of these Terms, these activities are collectively referred to as the Booking Services.

These Terms are intended to apply to the Booking Services provided by STS regardless of the trading name, brand, telephone number, website, application or other channel through which a passenger accesses those services, where these Terms have been incorporated into or otherwise apply to that service.

Additional terms, conditions or requirements may apply to a particular network, contract, government service, booking channel or transport service.

Where there is any inconsistency, any applicable legislation, regulatory requirement or specific terms applying to that service will prevail to the extent of the inconsistency.

Nothing in these Terms alters or limits any contractual or statutory obligation STS may separately owe to a government agency, contracting organisation or regulatory authority.

2. The Role of STS

STS principally provides taxi network, booking, dispatch, call-centre, technology, administration and related support services.

Depending upon the service being used, STS may:

• receive a passenger’s booking request;
• enter or process the booking;
• use technology to identify or communicate with available vehicles;
• allocate, offer or dispatch the booking to drivers;
• provide call-centre or customer service functions;
• communicate booking information and updates;
• facilitate payment;
• provide network or technology infrastructure;
• administer bookings on behalf of another taxi network or organisation;
• manage contracted transport booking services; and
• investigate complaints and service issues.

STS may provide some or all of these functions under its own brands or on behalf of another organisation under that organisation’s brand.

A passenger may therefore interact with an STS-operated Booking Service without the STS name being the primary consumer-facing brand.

3. Taxi Drivers and Operators

Unless expressly stated otherwise for a particular service, STS is not the provider of the physical taxi transportation service.

Taxi journeys are generally performed by accredited taxi drivers and taxi operators who operate the vehicles participating in the relevant taxi network or booking service.

Those drivers and operators may be independent businesses and are responsible for matters associated with the operation of their vehicles and the transportation service they provide, subject to applicable laws, accreditation conditions, network requirements and contractual arrangements.

The fact that STS receives, processes, allocates or dispatches a booking does not, by itself, mean that the driver or taxi operator is an employee of STS.

Nothing in these Terms is intended to characterise a driver or operator in a manner inconsistent with their actual legal relationship with STS.

4. Services Provided for Other Taxi Networks and Organisations

STS may provide outsourced Booking Services to other taxi networks, businesses, government agencies or transport organisations.

Those services may be provided wholly or partly under the name and branding of that organisation.

In those circumstances:

• STS may perform some or all of the booking, call-centre, dispatch, technology or customer service functions;
• the taxi network or contracting organisation may retain responsibility for other aspects of the service;
• individual taxi drivers and operators may remain responsible for providing the physical transportation service; and
• separate terms issued by the relevant network or organisation may also apply.

These Terms apply to the components of the service performed by STS to the extent that they have been incorporated into the relevant service.

5. Access Taxi Centralised Booking Service

STS is the contracted service provider responsible for managing the Access Taxi Centralised Booking Service in metropolitan Adelaide.

STS receives, coordinates, allocates and dispatches Access Taxi bookings in accordance with the requirements applying to that service.

Access Taxi vehicles are operated by taxi operators and drivers participating in the Access Taxi service.

STS relies upon participating Access Taxi vehicles and drivers being available to accept and perform bookings.

STS will use reasonable efforts, and comply with the obligations applying to it as the contracted Centralised Booking Service, to facilitate Access Taxi bookings.

However, vehicle availability can vary according to location, demand, time of day, vehicle availability and other operational circumstances.

Passengers requiring an Access Taxi are encouraged to book sufficiently in advance where possible and provide complete information regarding wheelchair, scooter or mobility-aid requirements so that an appropriate vehicle can be sought.

Nothing in these Terms limits any additional obligations applying to STS under its Access Taxi contract, applicable legislation, accreditation conditions or requirements imposed by the South Australian Government.

6. A Booking Is a Request for Service

When a passenger makes a booking, STS will use reasonable efforts to process that request and seek an available suitable vehicle.

Unless expressly confirmed otherwise, a booking does not constitute an absolute guarantee that:

• a taxi will be available;
• a driver will accept the booking;
• a driver who accepts the booking will not subsequently become unavailable;
• a particular driver or vehicle will perform the booking;
• a taxi will arrive at an exact time;
• an estimated arrival time will be achieved; or
• the passenger will reach their destination by a particular time.

This applies to both immediate and advance bookings.

An advance booking records the passenger’s request for service at a future time. Unless expressly stated otherwise, it does not mean that a particular taxi has been physically reserved for that passenger for the period between making the booking and the requested pickup time.

Where a service is subject to specific government, contractual or regulatory requirements concerning allocation or service performance, those requirements continue to apply.

7. Availability and Operational Factors

The successful allocation and completion of a booking can be affected by circumstances including:

• the number and location of available taxis;
• passenger demand;
• driver availability;
• the type of vehicle required;
• drivers accepting, declining or becoming unable to complete bookings;
• traffic congestion;
• road closures;
• vehicle breakdowns;
• accidents;
• weather;
• major events;
• emergency situations;
• industrial or public transport disruption;
• incorrect or incomplete booking information; and
• circumstances outside the reasonable control of STS.

The availability of taxis can change rapidly and may differ according to time, location and the particular type of vehicle requested.

8. Technology and Communications

STS’s Booking Services depend substantially upon technology and telecommunications systems.

These may include:

• telephone systems;
• mobile networks;
• internet connections;
• GPS;
• mapping systems;
• computerised dispatch systems;
• mobile data terminals and driver applications;
• automated booking systems;
• websites and passenger applications;
• payment systems;
• SMS and other messaging services;
• cloud and data services; and
• systems provided or maintained by third-party technology suppliers.

STS takes reasonable measures to maintain the systems used to provide its Booking Services.

However, no technology or telecommunications environment can be guaranteed to operate without interruption, delay or error.

Booking or service outcomes may therefore occasionally be affected by:

• telecommunications failures;
• internet outages;
• mobile network interruptions;
• GPS inaccuracies;
• mapping errors;
• software defects or outages;
• hardware failures;
• third-party platform interruptions;
• delays in transmission of booking information;
• failures or delays affecting driver devices;
• payment-system interruptions;
• integration errors between different systems; or
• other technical or communications issues.

STS will take reasonable steps to address failures within systems under its control once identified.

9. Booking Status and Estimated Arrival Information

Any estimated arrival time, vehicle location, booking status, driver information or similar information supplied to a passenger is based on information available at that time.

Such information may change.

An estimated arrival time is an estimate and is not a guarantee of arrival at that time.

A vehicle displayed as travelling towards a passenger may subsequently be delayed or become unable to complete the booking.

SMS messages, application notifications and automated communications may also be delayed or fail due to circumstances outside STS’s reasonable control.

10. Time-Critical Travel

Passengers should allow appropriate additional time when using taxi services for journeys where arrival by a particular time is important.

This includes travel associated with:

• flights;
• airports;
• trains, buses and other transport connections;
• medical appointments;
• employment;
• court appearances;
• educational commitments;
• events;
• appointments; and
• any other activity where a delay may result in additional cost or other consequences.

Unless STS expressly agrees otherwise, STS does not guarantee that a passenger will arrive at a destination by a specified time.

Where a vehicle has not been allocated, appears substantially delayed or circumstances have changed, passengers should consider alternative transport arrangements where reasonably available, particularly for time-critical travel.

11. Passenger Booking Information

Passengers are responsible for providing complete and accurate information when making a booking.

Depending upon the booking, this may include:

• correct pickup location;
• destination;
• passenger name;
• telephone number;
• requested pickup time;
• number of passengers;
• luggage requirements;
• wheelchair or mobility-aid information;
• child restraint or other relevant requirements; and
• any other information reasonably required to identify an appropriate vehicle.

STS may not be able to successfully process or dispatch a booking if required information is inaccurate or incomplete.

Passengers should be ready and reasonably identifiable at the nominated pickup location at the requested time.

12. Special and Accessible Transport Requirements

Where a passenger requests a particular vehicle type or accessible vehicle, STS will use reasonable efforts to identify an appropriate available vehicle.

A request for a particular vehicle type remains subject to availability unless otherwise required by law or under the conditions applying to a particular contracted service.

Passengers are responsible for accurately describing mobility aids, wheelchair dimensions and other relevant requirements where that information is necessary to dispatch an appropriate vehicle.

Nothing in these Terms excludes any obligation imposed by disability discrimination, passenger transport, safety or other applicable legislation.

13. Fares, Charges and Payments

Taxi fares and charges may be regulated or otherwise determined according to the jurisdiction in which the taxi service is performed.

Passengers are responsible for paying the lawful fare and any properly applicable charges associated with their journey.

Depending upon the service, STS may facilitate payment on behalf of the taxi driver, taxi operator, taxi network or other service provider.

Payment processing may involve third-party providers whose systems and terms may also apply.

Where a specific account, voucher, subsidy scheme or contracted payment arrangement applies, the terms of that arrangement may also apply.

14. Passenger Conduct and Safety

Passengers must use the Booking Services and taxi services lawfully and appropriately.

A taxi driver may decline to commence or may terminate a journey where reasonably necessary for safety or lawful operational reasons, including where a passenger:

• behaves violently, aggressively or threateningly;
• abuses or harasses a driver or staff member;
• creates a safety risk;
• threatens or causes damage;
• engages in unlawful conduct; or
• refuses to comply with a reasonable lawful safety direction.

STS may restrict use of its Booking Services in cases involving serious or repeated misuse, fraud, threats, harassment or safety concerns, subject to any legal or contractual obligation requiring service to be provided.

15. Complaints and Investigations

STS takes complaints concerning Booking Services and taxi journeys seriously.

Depending upon the service and STS’s role, STS may investigate a complaint itself or refer relevant aspects to the responsible taxi operator, driver, network, contracting organisation, government agency or other service provider.

An investigation may involve information including:

• booking records;
• telephone recordings;
• dispatch records;
• driver and vehicle information;
• GPS information;
• system logs;
• communications records;
• payment records; and
• information provided by a driver, operator or contracting organisation.

Where another organisation is responsible for determining a particular complaint or remedy, STS may provide relevant information to that organisation and assist with the investigation.

16. Delayed or Unfulfilled Bookings and Consequential Loss

The late arrival or non-arrival of a taxi does not, of itself, establish that STS has failed to provide its Booking Services with the standard required by law.

Circumstances surrounding each booking must be considered, including vehicle availability, demand, driver activity, information supplied by the passenger, technical factors and matters outside STS’s reasonable control.

Except where STS is liable under a law that cannot lawfully be excluded or limited, STS does not accept liability for indirect, special or consequential losses resulting from a delayed, cancelled or unfulfilled booking.

Such losses may include:

• missed or rebooked flights;
• missed transport connections;
• accommodation expenses;
• event costs;
• missed appointments;
• loss of income;
• business losses; and
• other consequential expenses.

In particular, STS does not reimburse the cost of a missed or rebooked flight merely because a requested taxi did not arrive, was delayed or was not available.

This clause does not exclude or restrict any entitlement a passenger may have under the Australian Consumer Law or other applicable legislation, including any entitlement to compensation for reasonably foreseeable loss or damage where the law provides such an entitlement.

17. Goodwill Resolutions

STS may, after considering the circumstances of a complaint, offer a passenger a fare credit, refund, Cabpay voucher or other goodwill resolution.

Any such offer may be made without admission of fault or liability.

A goodwill resolution in one case does not create an obligation to provide the same resolution in another case.

Nothing in this clause limits any remedy that a passenger is legally entitled to receive.

18. Australian Consumer Law

STS’s Booking Services come with consumer guarantees to the extent provided by the Australian Consumer Law.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy which cannot lawfully be excluded, restricted or modified.

In particular, where the Australian Consumer Law applies, services must be provided with due care and skill, be reasonably fit for any purpose made known to the service provider in circumstances where that guarantee applies, and be provided within a reasonable time where no time has been agreed.

Any limitation or exclusion contained in these Terms operates only to the maximum extent permitted by law.

19. Government and Contracted Services

STS may provide Booking Services pursuant to contracts with government agencies, businesses or other organisations.

Those contracts may impose additional requirements concerning service standards, dispatch, reporting, customer service, accessibility, complaints, safety or other matters.

These Terms do not reduce or override those requirements.

A passenger’s rights in relation to a contracted service will be determined by applicable law together with any terms or requirements which legally apply to that passenger or service.

The contractual rights and obligations between STS and the organisation engaging STS are separate from these passenger Terms unless expressly stated otherwise.

20. Third-Party Networks, Brands and Platforms

Where STS provides Booking Services for another taxi network, organisation or brand:

• STS may not be identified as the primary brand with which the passenger interacts;
• the other organisation’s terms and conditions may apply;
• STS may be responsible only for particular elements of the booking process;
• the relevant taxi operator and driver may be responsible for the transportation service; and
• different regulatory requirements may apply depending upon the jurisdiction in which the service is supplied.

Nothing in these Terms is intended to impose responsibility upon STS for a service that it did not provide or control.

Similarly, nothing in these Terms removes responsibility from STS for a Booking Service that STS is legally responsible for providing.

21. Third-Party Technology and Service Providers

STS may use third parties to provide components of its Booking Services, including:

• telecommunications;
• software;
• cloud infrastructure;
• dispatch platforms;
• mapping;
• payment processing;
• messaging; and
• other technology or operational services.

STS is not responsible for a failure caused solely by a third party and outside STS’s reasonable control, except to the extent STS remains responsible under applicable law.

22. Privacy and Information

STS may collect and use information necessary to provide Booking Services, administer taxi networks, meet regulatory or contractual requirements, facilitate payments, investigate complaints and promote passenger and driver safety.

Information may include:

• contact information;
• booking and journey information;
• telephone recordings;
• GPS and location information;
• communications;
• account information;
• payment information; and
• information relating to complaints or incidents.

STS will handle personal information in accordance with applicable privacy legislation and its Privacy Policy.

Where STS provides services on behalf of another organisation, information may also be collected, used or disclosed as reasonably necessary to perform those services and in accordance with applicable privacy requirements.

23. Suspension or Refusal of Booking Services

Subject to applicable laws and contractual obligations, STS may restrict or refuse access to Booking Services where reasonably necessary, including in response to:

• fraudulent bookings;
• repeated false or abandoned bookings;
• threats or harassment;
• unlawful activity;
• serious misuse of booking systems;
• non-payment of legitimate charges; or
• unacceptable safety risks.

This provision does not override obligations applying to essential, accessible, government-contracted or other regulated transport services.

24. Applicable Law

These Terms are subject to the laws applying to the particular service and jurisdiction in which that service is provided.

Where the service is supplied directly by STS and no mandatory law requires otherwise, these Terms are governed by the laws of South Australia.

Nothing in this clause prevents the operation of any law or jurisdiction which cannot legally be excluded.

25. Changes to these Terms

STS may update these Terms from time to time.

Updated Terms will apply prospectively from the date they are published or otherwise incorporated into the relevant Booking Service.

STS will not rely upon a retrospective change to remove a right that a passenger had already acquired under applicable law.

26. Contact

Suburban Transport Services Pty Ltd
432 Churchill Road
Kilburn SA 5084
South Australia

Contact details for a particular Booking Service may also be provided through the relevant taxi network, website, application or booking channel.