Terms and Conditions of business

 

1. Definitions

 

“AFT” means Groundbooker Limited (trading as Asia Fast Track) and or its affiliates, subsidiaries, branches including those trading as “Fast Track” or “(Country/City/Airport) Fast Track” ; and Panoptica Limited (for all Thailand and Malaysia services); and PT Indonesia Abadi Semesta (for all Indonesia services).

 

“Service Provider” means AFT or a service provider engaged as a sub-contractor by AFT, including its respective officers, employees, agents, drivers, Representatives or sub-contractors

 

“Meeting” means the place and the time at which the Passenger is greeted, met, picked up or collected by the Service Provider or its representative/driver

 

“Client” means person or entity who orders and/or books the Service

 

“Passenger” means the traveler to whom the Service is given

 

“Delivery” means the place and time at which the Passenger are finally dropped off, left or delivered by the Service Provider.

 

“Service” means the meet and assist or transport services provided to the Passenger

 

“Prohibited Goods” means any goods which are or may, be illegal or prohibited under the laws of the country in which the service is being provided, including noxious, dangerous, hazardous, inflammable or explosive goods.

 

2. Terms of use

 

By using any AFT website, booking tool or reservation system through which a Service is ordered or is supplied, the Client and/or the Passenger agree to be legally bound by these terms and conditions, which shall take effect immediately.

 

3. Passenger and Client responsibilities

 

It is the Passenger’s responsibility, for services beginning at the airport, to ensure that they locate and wait for their Greeter Representative or their Driver at the designated meeting point.

 

It is the Passenger’s responsibility, should they not be able to locate their Greeter Representative or Driver at the start time and start place of a service, to call the relevant telephone number as provided by AFT,  before making any alternative arrangements.  Failure to do this may be treated as a “no show”.

 

It is the Passenger’s responsibility to advise AFT or the Representative or Driver of any circumstance that will alter the Booked meeting time and meeting place. For example

  • If the Passenger’s flight is re-timed or cancelled before it departs
  • If a progressive or rolling delay to the departure time of the Passengers flight occurs before boarding
  • If the Passenger’s flight is changed to a different flight number and/or a new carrier
  • If, on arrival, baggage, immigration or customs delays will cause the time taken for the Passenger to exit the airside areas and enter the landside arrivals area to exceed the normal time allowance or grace period
  • If the Passenger will be early or late for a pick up or kerbside greeting beyond the permitted grace period

 

It is the Passenger’s responsibility, for car services beginning from accommodation, hotels, offices or public places to ensure that they are waiting at the designated meeting point at or before the designated pick up time.

 

It is the Passenger’s responsibility, for car or meet & assist services, where they have more than one large or two medium size checked luggage, or their bags are very many, very heavy or very large, to ensure they inform AFT when they are booking so that a large enough vehicle is booked to accommodate all luggage; and/or that additional staff or porters are engaged to handle the bags.

 

If the Passenger brings luggage that cannot fit in the vehicle ordered, or cannot be moved by the greeter and any booked staff or porters, then the Passenger will be liable for any additional costs incurred in transferring their luggage in a baggage van or in a larger or an additional vehicle; or moving it around and through the airport.

 

It is the Passenger’s responsibility to choose and book a Service start time that allows sufficient time for the journey to take place or the check in formalities to be completed in good time.

 

It is the Passenger’s responsibility, if travelling with babies infants or toddlers, to ensure that they inform us and/or bring, as well as fit, the correct child/infant seat if required for use in the booked vehicle.

 

It is the Passenger’s responsibility to declare dutiable or prohibited goods to Customs Officials. Under no circumstance will AFT staff or representatives handle, push or carry any Passenger bag or belongings through the customs checks. It is the responsibility of the Passenger to carry bags through customs or to engage or order a licensed porter to do so.  Porterage may not be able to be organized unless it is requested at time of booking or included in the normal service.  It is the Passengers responsibility to advise relevant information about the sizes, nature and number of checked baggage items to be handled.

 

THE CLIENT AND/OR PASSENGER AGREE (I) TO INDEMNIFY AFT AND ITS SERVICE PROVIDER AGAINST AND (ii) TO HOLD AFT AND SERVICE PROVIDER HARMLESS FROM ANY PENALTY, LOSS, DAMAGE, CLAIM, COST OR EXPENSE WHICH AFT OR ITS SERVICE PROVIDER MAY INCUR DIRECTLY OR INDIRECTLY AS A RESULT OF ANY BREECH OF THE AFOREMENTIONED REQUIREMENTS

 

4. Product & Service modifications

 

AFT will engage a third party sub-contractor, referred to herein as a Service Provider, to perform all or any part or parts of the Service.

 

The Service will normally begin on first Meeting.

 

The Service will normally end when Service Provider drops the Passenger off or leaves the Passenger in the airport.

 

AFT and its Service Providers will endeavor to ensure Delivery at the time and place specified by the Passenger or in the booking, but the exact time and exact place of Delivery cannot be guaranteed and shall not be of the essence.

 

5. Pricing & Inclusions/Exclusions

 

Price quotations and price tables may change without notice until a booking is confirmed. If a material amendment is accepted to a booked Service the amended price will use the exchange rates and tariffs subsisting at the time of change and additional charges may be payable.

 

A payment processing fee of 4% or less will be added to the invoice where payment is made online with a card or paypal account.

 

The base price quoted at the time of booking will include all knowable charges for the Service that has been booked.  If the Passenger directs the Greeter Representative, the Driver, or AFT to change the booked Service, or if the Service start time or Delivery time is delayed then additional charges may apply, including “out of hours” surcharges if the Service then takes place outside the Service Provider’s normal hours as a result of the change or delay.

 

AFT Prices do not include foreign departure, security, port charges, parking fees, customs, immigration, agricultural, passenger-facility charges or international transportation tax.

 

AFT Prices do not include discretionary tips/gratuities to Representatives, Drivers or local guides; or passport and visa fees; or baggage or personal / travel insurance.

 

6. Payment

 

The amount charged by AFT will be the amount due in the currency used for the booking, which is normally USDs.  AFT cannot know or influence the exchange rate and policies that are applied by the Passenger’s or Client’s bank or card merchant in determining the final charge made.

 

AFT may deduct all or part of payment due from the Passenger’s or Client’s card, including extra charges incurred because of a variation to the booked Service (whether as a result of the Passenger’s request or other circumstances including delays) on receipt of the booking order and/or at any time up to three months after completion of Delivery.

 

AFT may take whatever steps it reasonably believe to be necessary (i) to protect the Passenger’s or Client’s card details in AFT’s possession from misuse; and/or (ii) to protect itself and its Service Provider from any delay in receiving payment for a completed Service. Such steps may include pre-authorizing the charge and verifying the card details and the card’s available credit limit.

 

If the Card Company does not authorize the transaction, the Client agrees to make immediate payment to AFT at the Client’s own cost by using a different card or payment method. The Passenger and Client agree that no payment properly payable and due to AFT from the Passenger or Client will be withheld by the Passenger or Client in respect of any claim or alleged claim by the Passenger or Client against AFT or its Service Provider howsoever arising and whether by way of set-off, counterclaim or otherwise.

 

If the Passenger or Client make an unjustified charge back (a chargeback is when the cardholder disputes a charge made on the cardholder’s card) then AFT may charge a US$100 penalty fee and may report unjustified chargebacks to ChargeBackProtection.org and other similar organizations, which may have the effect of banning the cardholder from placing orders with any business that uses the services provided by ChargeBackProtection.org or similar organization. Examples of unjustified chargebacks are (i) if the cardholder issues an erroneous, frivolous, mistaken, false or unjustified complaint, (ii) if a the cardholder starts an unwarranted dispute with their card company, (iii) if the cardholder refuses to pay for a properly delivered Service and any charges thereto, (iv) if the cardholder refuses to pay properly due amendment, cancellation or no-show charges.

 

Refunds will be made provided that the Client or Passenger has paid in full and that the booking is eligible for refund. For a booking originally paid for by credit/charge card, any refund will automatically process to the original credit/charge card account that paid for the booking.

 

A payment processing fee of 4% or less will be added to the invoice where payment is made online with a card or paypal account.

 

7. Late bookings, cancellations, amendments and variations

 

If a Service is booked at short notice, and/or a Booked Service is amended, cancelled before the Meeting time, or is varied during its performance (a “Change”) then AFT and its Service Providers may require payment of additional fees and/or any promotional discounts may be voided.

 

Any additional fee due to a Change before the service starts will be billed and collected by AFT from the nominated credit/charge card.

 

Any additional fee due to a Change incurred at or after the start of the service will be billed retroactively at the published and normal rate by AFT to the nominated credit/charge card on record

 

If as a result of the voluntary or involuntary Change additional waiting or driving time, additional toll or parking charges, night surcharges or other unanticipated costs are due then the Driver/Representative will inform the Passenger that an additional charge is/will be payable; and will require the Passenger to sign a form accepting that additional charges is / will be due

 

In the event that the Passenger is unable or unwilling to pay or consent to such additional charges, then (i) the Service Provider may refuse to perform the Service or the requested Change to the Booked Service, and (ii) AFT may charge an additional amount properly due retroactively to the nominated credit/charge card.

 

Examples of a voluntary Change to the Booked Service include the passenger bringing additional guests, requesting stop offs, drop offs or asking the Driver or Representative to wait whilst they shop or similar.

 

Examples of an involuntary Change include a flight being delayed by 4 hours or more, re-timed, cancelled, rerouted or otherwise changed.

 

For Airport arrival car service pickups, the first 30 minutes waiting time after the actual landing time (“grace period”) will be free of charge.

 

Major Changes and Cancellations 

 

Any major change or cancellation received more  than 48 hours ahead of service start time will not incur a penalty and/or will be refunded in full.

 

Any major change or cancellation received less than 48 hours ahead of service start time will incur a charge of 100%.

 

A Change notification sent outside our Business Hours  will be deemed as received at 07:00am on the next Business Day

 

Business Hours (during which orders and notifications may be received) are 07:00am – 23:00pm Malaysia Time, every day.

 

A major Change is a change which results in the need to re-book a service and includes, but is not limited to, (i) a change of date (ii) change of airport (iii) or change of service start time of greater than 4 hours or (iv) a reduction in the scope of service and/or the number of passengers being served

 

For a departure, the service start time is the scheduled departure time. For arrival and connection, the service start time is the scheduled arrival time.

 

Unexpected additional passengers will normally be served if requested by the booked lead passenger, and where allowed by border control, and providing the the lead passengers signs and/or agrees to the service change request and accepts the additional charges.  Unexpected additional passenger(s) will be charged at the full one person rate  (or the two, three person rate if there are two or three extra passengers)  for the service provided.

 

AFT is not responsible for the impact of unavoidable acts of nature (Force Majeur events) due to weather, air traffic, or flight cancellations, that results in delay, re-routing, missed connection, cancellation, and/or knock on effects.  AFT’s cancellation policy applies to any and all major changes and/or service cancellations whether avoidable or not.

 

NOTES:  In Hong Kong: Any change of flight or service made within 12 hours of service start time will incur a charge of 25% of the changed service.  In Hong Kong a 100% surcharge will apply and be payable if the service is given whilst the Typhoon 8 signal is hoisted.  In Indonesia Special cancellation terms and charges apply for Police Outrider and Executive Protection services.  In Japan if a flight is delayed by more than four hours it will be treated as a full charge cancellation.

 

Insurance

 

WE STRONGLY RECOMMEND THAT THE PASSENGER PURCHASE A COMPREHENSIVE TRAVEL INSURANCE POLICY PRIOR TO DEPARTURE COVERING CHARGES THE PASSENGER WILL INCUR IN THE EVENT OF DELAYS, CANCELLATIONS OR VOLUNTARY OR INVOLUNTARY CHANGES TO FLIGHTS , CHANGES IN AIRPORT CONDITIONS, EXTENDED DRIVING TIMES AND LOST OR DAMAGED BAGGAGE.

 

8. Complaints & disputes

 

Any complaint or dispute regarding the supply of a service should be notified to AFT in writing by email within 10 days of the date the booked Meeting time and with sufficient detail of the issue to enable us to make a proper investigation. It may not be possible to investigate any complaint received more than 10 days after the date of the supply of the service, and/or if reasonable detail about the issue or complaint is not given so as to allow proper investigation.

 

9. Declarations

 

The Passenger acknowledge that they have, or when booking shall be deemed to have, read, understood and accepted these Conditions.

 

The Passenger agrees not to carry any Prohibited Goods and to indemnify and to hold AFT harmless form the consequences of any illegal or prohibited action or behavior by the Passenger during the period of the Service

 

The Client accepts that it is its responsibility to communicate these Terms and Conditions to the Passenger(s).

 

The Passenger and Client acknowledge that they have not entered into booking contract relying upon any representation properly made by or on behalf of AFT and have not relied upon any correspondence, web content, written or verbal statement or sales literature issued by a third party independently or on behalf of AFT.

 

The Client and Passenger acknowledge that these Conditions, subject to and together with any variation agreed in writing between a Director of AFT and the Client or Passenger, shall constitute the entire contract between AFT and the Client or Passenger and shall override or supersede any previous contract or arrangement between AFT and the Client or Passenger and in particular shall operate to the exclusion of any terms and conditions at any time imposed by the Client or Passenger in writing or verbally, and shall supersede any earlier version of these standard terms and conditions.

 

10. Disclaimers & Limitations of Liability

 

AFT accepts no responsibility for the cost, loss or damage to any luggage or property transported during the Service, howsoever such a loss or damage may be caused.

 

The full liability of AFT to the Passenger or Client under all and any circumstances including non-performance shall be limited to a sum equal to two times the charges paid to AFT by the Passenger or Client for the Service affected.

 

Under no circumstances will AFT or its agents, affiliates, Service Providers, suppliers, and/or distributors be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of the AFT web site(s), AFT booking systems or AFT Products or Services regardless of the form of action.

 

If AFT or Service Provider should be found liable for any loss, injury or damage which arises out of or is in any way connected with any of the herein described functions, AFT’s or Service Provider’s liability shall in no event exceed the maximum insurance cover held by AFT or Service Provider, whichever is the lesser.

 

Force Majeure: AFT will not be liable for its or its Service Provider’s failure to perform obligations and/or any cost, loss or damage which results directly or indirectly from any cause or circumstance which is beyond AFT’s reasonable control. Without limiting the generality of the foregoing, the following shall be regarded as such “Force Majeure” circumstances: explosion, fog, flood, extreme weather, typhoons, cyclones, hurricanes, fire, epidemic, major road closures, state/diplomatic visits; war, hostilities, embargo, blockade, invasion, riot, revolution, civil disturbance, or acts of terrorism, strikes, lockouts or boycotts, labor dispute (but not of Service Provider’s own workforce) which involves stoppage of work; acts or restrictions or regulations or by-laws, revocation of or refusal to grant a license or permit, seizure under legal process, prohibitions, or measures of any kind on the part of any governmental or regulatory authority (including a bona fide airport authority), or temporary suspension of access to any part of an airport where access is required to provide the Service, or failure of a utility service (including but not limited to electricity, gas, water, internet, or telecommunications).

 

11. General

 

AFT will only arrange the Services for Clients and Passengers subject to these Conditions. AFT and its Service Provider reserve the right at their absolute discretion to refuse to provide the Service to any Client or Passenger at any time.

 

Any authorized waiver by AFT or Service Provider of any breach by the Client or Passenger of these Conditions is limited to that particular breach. A delay by AFT or Service Provider in acting upon a breach shall not be deemed a waiver.

 

These Conditions may be varied by AFT from time to time without Notice. The subsisting and applicable Conditions are available on request and are posted on the AFT group website www.asiafasttrack.com. AFT may change these Terms & Conditions at any time by posting notice of the changes online.

 

A person who is not a party to any contract governed in whole or in part by these Conditions (save for any officer, employee, agent, representative or sub-contractor of AFT) has no right to enforce or have the benefits of any term or conditions.

 

The terms contained in each clause or sub-clause of these Conditions are separate and distinct. Each may be enforced separately. The parties agree that if any clause or sub-clause shall be adjudged void or ineffective for whatever reason, but would be adjudged valid and effective if part of the wording thereof was deleted, the clause or sub-clause shall apply with such modification as may be necessary to make it valid and effective and shall not invalidate any other Conditions.

 

AFT reserves the right to record any telephone conversation with the Passenger and to make use of any such recording in any proceedings.

 

Groundbooker Limited is incorporated in the Federated Malaysian Territory of Labuan.  Panoptica Limited is incorporated in the Kingdom of Thailand. PT Indonesia Abadi Semesta is incorporated in the Republic of Indonesia. These Conditions shall be subject to the Laws of Malaysia and the parties hereby submit to the non-exclusive jurisdiction of the courts in which the Service is performed.

 

Terms applying to your use of this website

 

Your use of this website is subject to the following terms:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
  • Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
  • From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  • AFT collects personal information when you register with AFT, when you use Groundbooker or AFT services, when you visit AFT pages, and when you use or enquire about our services. AFT may use this information for the following general purposes,  to customise the advertising and content you see, fulfill your requests for products and services, improve our services, to contact you by email or send an email newsletter or special offer. You may opt out of such recieving such emails at any time.
  • AFT does not rent, sell, or share personal information about you with other people or non-affiliated companies except to provide the products or services you’ve ordered and paid for.
  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of Malaysia.

 

August 2017