Terms and conditions of Transfercar
All users of Transfercar
1. Comply with terms and conditions
1.1 By registering as a user of Transfercar you accept these terms and conditions for using the Service. If you do not accept these terms and conditions, do not use Transfercar’s Service.
1.2 These terms and conditions may be amended in whole or in part by Transfercar from time to time. Amendments will be effective immediately upon posting of the amended terms and conditions on this Website. You are responsible for ensuring you are familiar with the latest terms and conditions. Your continued use of Transfercar's services represents your agreement to be bound by the terms and conditions as amended.
2. The Service
2.1 Transfercar facilitates contact between Rental operators of relocation vehicles and drivers prepared to drive those vehicles.
2.2 Transfercar operates as a virtual service based on internet and phone communication.
2.3 Transfercar does not own or otherwise provide the physical vehicles to the driver; only information about who offers the vehicles is provided by Transfercar.
2.4 Transfercar does not hire out drivers or otherwise provide transportation for the relocation vehicles; only information about individuals willing to drive the vehicles is provided by Transfercar.
2.5 Transfercar does not act as an agent for either Rental operators of relocation vehicles or relocation drivers.
3.1 Transfercar makes no representations or warranties about the information provided on or through the web application to rental operators or relocation drivers. This includes:
~ the accuracy of details provided about each listed vehicle;
~ the availability of the actual vehicle listed by the Rental operator (i.e. the actual vehicle may be different from the one listed by the Rental operator);
~ the availability of the listed vehicle if the Rental operator cancels, withdraws or for any other reason does not provide the vehicle to the relocation driver;
~ the accuracy or truthfulness of the information the driver has provided to Transfercar;
~ the accuracy or truthfulness of the information the rental operator provided to Transfercar;.
~ the availability of the driver if the driver cancels, does not show up or does not complete the relocation.
3.2 Transfercar takes no responsibility for loss or damage to rental operator resulting from accident, intentional damage, or cost or fines incurred by the relocation driver. Any dispute about such issues must be resolved directly between the rental operator and the relocation driver.
3.3 Transfercar makes its best effort to ensure all information on the website is accurate and up-to-date. However, Transfercar cannot and does not guarantee that errors do not occur from time to time. Therefore, all information and services are provided on an “as is", “as available" basis. Other than as explicitly stated in these terms and conditions, Transfercar disclaims all warranties, express or implied, including any warranties of accuracy, completeness, currentness, merchantability or fitness for a particular purpose. Transfercar does not warrant that the services will be uninterrupted or error-free and disclaims any warranty or representation regarding availability of service, service levels or performance. Transfercar will not be liable for any loss or injury arising out of, in whole or in part, Transfercar’s conduct in procuring, compiling, collecting, matching, reporting or delivering services, reports or information.
4. Validate and update information
4.1 Transfercar reserves the right to validate and update all information provided to Transfercar by rental operators and relocation drivers.
1.1 Rental operators may register and list relocation vehicles without charge on Transfercar's website.
1.2 Transfercar reserves the right to terminate memberships or decline Rental operators to re-register if that Rental operator has breached the terms and conditions.
2. Listing vehicles
2.1 For any vehicle listed at Transfercar, the Rental operator of the vehicle must allow the driver to drive the vehicle for minimum one day without charging any rental fee. If the rental operator must charge a fee due to insurance requirements, such charge will be limited to a maximum $5.00 per day.
2.2 The rental operator must provide the most accurate information about each listing possible. All compulsory (mandatory) costs to the driver must be listed, e.g. diesel tax, insurance cost if not included, airport tax, etc. Any other cost information such as additional insurance, linen hire, equipment hire, no-show/cancellation fees etc. should also be listed.
2.3 Rental operators can only list actual vehicles needing to be relocated.
2.4 Rental operators can at any time withdraw any listed relocation vehicles as long as no relocation driver has been accepted. Once a relocation driver has been accepted, the rental operator commits to provide that vehicle to the driver, or find a suitable alternative.
2.5 Rental operators cannot list vehicles on behalf of other rental operators.
2.6 Rental operator will appear anonymous in its listings and shall not use any company name, logo, web address, phone number, email address or other identifying information in the listing details, terms and conditions or optional extras details. Failure to comply with this can lead to disruption or in worst case cancellation of membership.
2.7 In the case where Transfercar lists vehicles on behalf of Rental operators, all relocation details must be provided by the rental operator and is their responsibility to check the accuracy of the details for each vehicle listed. Transfercar takes no responsibility for the accuracy of this information or for the delivery of the free offers advertised on Transfercar’s websites.
3. Accept and reject drivers
3.1 The Rental operator is solely responsible for accepting and rejecting drivers.
3.2 The Rental operator is required to accept and reject driver requests within 24 hours from the time the request is received. Repeated failure to do so can lead to disruption or in the worst case cancellation of membership.
4. Rental operator's account and termination
4.1 A relocation fee applies to the rental operator when accepting a request from a relocation driver.
4.2 The Rental operator must maintain a sufficient credit balance in Rental operator’s Transfercar account to accept a request.
4.3 Credits can be acquired through the secure payment system at Transfercar's website, or via special arrangement with Transfercar.
4.4 If credits are paid by invoice, the rental operator needs to pay within 7 days from the invoice date. Unused credits may be refunded and transferred to the bank account of the Rental operator. A transaction fee of 4% of the full amount of the transfer applies.
4.5 Rental operator is not entitled to a refund of promotional or bonus credits awarded by Transfercar.
4.6 Rental operator must settle any negative account balance immediately. All overdue invoices are subject to a finance charge of 15% per annum. Default on account will result in collection action at which time rental operator will be responsible for any and all collection fees, including attorney fees and costs.
5. Cancellations and no-shows (refund)
5.1 Transfercar will refund the relocation fee if an accepted driver fails to show up or cancels the relocation within 48 hours of the pick-up date and time. Rental operator must notify Transfercar of the no-show or late cancellation by email, phone or through the website within 7 days from the scheduled pick-up time.
5.2 All cancellation fees are refunded to the Rental operator's account with Transfercar.
5.3 A Rental operator shall not receive a refund if the rental operator is the precipitating cause of the no-show or cancellation based on Rental operator’s: (a) failure to provide the vehicle to the driver, (b) failure to properly inform driver about the costs and charges (such as, but not limited to, credit card deposits), or (c) failure in any other way to provide essential information about the listing.
6. Disclaimer of Warranty; Limitation of Liability
6.1 Transfercar makes no representation or warranty about the suitability of a relocation driver. Transfercar does not perform any background checks or other investigation of relocation drivers. Rental operator should exercise independent discretion in determining the suitability of a relocation driver.
6.2 Transfercar’s liability for Services provided under these Terms and Conditions is limited to the aggregate amount payable by Rental operator to Transfercar for one vehicle listing. Transfercar shall not be liable for special, incidental or consequential damages (including loss of profits), even if advised of the possibility of such damages.