Terms & Conditions

 

 

If you do not agree to these terms and conditions, then you must not use the Services and/or the App. These terms and conditions supersede any prior arrangement between you and Keolis Downer and Keolis Downer may at any time update these terms, cease offering some or all of the Services or terminate the contractual relationship established above.

 

Amendments to these terms and conditions will be published on the Keoride website and your continued use of the Website, App or the Services is taken as acceptance of the amendments.

 

You will require your own internet connection to use the application and will be responsible for any associated costs of data use. You are responsible for enabling notifications from The App to ensure you receive confirmation of the booking, notifications in relation to their trip any other updates or notifications from Keolis Downer, DPTI and TfNSW from time to time. You may choose not to enable notifications however by doing so, you acknowledge that your use of the App may impact your use of the Services.

To access the Services, you will need to create an account in the App or on the Keoride website. To create an App account, you must not be under 16 years of age. The creation of an account will require the provision of Personal Information and payment methods. Keolis Downer will treat all Personal Information provided by you in accordance with our Privacy Policy found on our website. Bookings can also be made over the phone by calling 

By becoming a user, you warrant the right, authority, and capacity to enter into and abide by these terms and conditions and agree not to allow any other person access to your account.

You must have a booking to board a vehicle. Keoride vehicles will not, under any circumstances, pick up passengers hailing vehicles or waiting at ranks.

Keolis Downer does not warrant that the Website, App and/or the Services will be accurate, reliable, secure, accessible or free from errors or defects. It is your responsibility to investigate whether use of the services will meet your requirements.

A Booking is made on confirmation from Keoride (either through the App, by email, SMS or over the phone) and notification of the estimated pick up time is provided. Until you have received this notification, no Booking will be accepted by Keolis Downer. For Bookings made over the phone, it your responsibility to ensure you receive an email or SMS confirmation of the Booking, or confirmation of the Booking through the App.

Keolis Downer reserves the right to refuse carriage if you do not have evidence of your Booking in the form of either (i) a printed paper confirmation or (ii) an App confirmation on your mobile phone which can be displayed to the driver on pickup.

You must nominate at the time of Booking if there are additional passengers for the trip. You acknowledge that a failure to notify Keolis Downer at the time of arranging the Booking may entitle Keolis Downer to refuse carriage to the additional passengers and/or cancel the Booking in its entirety.

If there is a passenger who requires assistance with boarding you should notify the Driver, who will endeavour to assist in accordance with their training and WHS Law. If offered in the Pilot Region, a wheelchair accessible service needs to be notified at the time of Booking. Assistance animals are welcome on board the Service but must be notified at the time of booking to ensure space.

The Services do not provide for allocated seating and it is therefore your responsibility to select a seat when you board the Vehicle. You are responsible for your own safety, including the use of seatbelts, in all circumstances.

 

You may cancel a Booked Service without incurring any costs under the following conditions:

No fees will apply when a user is absent and the Vehicle is forecast to arrive more than 5 minutes later or earlier than proposed pickup time.

For cancellations outside these windows, Keolis Downer reserves the right to charge a cancellation fee up to or including 100% of the maximum fixed fare of the Service. If a User repeatedly cancels trips without notifying Keolis Downer in advance, the User may be automatically ‘red flagged’ in our systems and may not be able to book On Demand trips in the future.

Fares for the Services are displayed on the Keoride website and consist of a set fee per trip.

In NSW, fares are determined by TfNSW and in SA, fares are determined by DPTI. Fares may be changed from time to time and at any time. Current pricing will be available on the Keoride website and in the App prior to a Service commencing. Unless otherwise stated, fares are inclusive of all taxes.

Payments will be processed in accordance with the method of payment at the time of your Booking. A failure to pay for the Services when they become due and payable will entitle Keolis Downer to cancel the Booking and/or refuse carriage. Receipts will be issued to your email on payment of the Fare.

Where available, if you or an additional passenger books a concession fair, evidence of their valid concession entitlement must be carried with them at all times when using the Service and must be clearly displayed to the driver on request. If a user fails to provide a valid concession entitlement Keolis Downer reserve the right to either (a) charge a full fare or (b) refuse carriage at Keolis Downers discretion. Accepted concession entitlements for NSW can be found on the TfNSW website: https://transportnsw.info/tickets-opal/ticket-eligibility-concessions. Accepted concession entitlements for SA can be found on the Adelaide Metro website: https://adelaidemetro.com.au/Tickets-Fares/Concession-Cards.

Keolis Downer reserve the right to charge additional cleaning and repair fees to cover the cost of any significant damage, soiling or graffiti caused directly by you or an additional passenger (excluding fair wear and tear).

When using the Services, you agree to abide by all relevant regulations and policies, including but not limited to those set out in the Passenger Transport Regulations 2014 (NSW), Passenger Transport Act 1994 (SA), Passenger Transport Regulations 2009 (SA), and as applicable, either TfNSW’s travel courtesy and etiquette guidelines or Adelaide Metro’s Safety and Courtesy guidelines.

A failure to abide by any of the above may result in Keolis Downer prohibiting a User from using the Services and/or suspending their account.

Use of the application or the Keoride website may require individuals to disclose personal information when creating their user profile. The application will also collect information about the Users use of the Services, including trips booked and payments made. Any Personal Information received by Keolis Downer will be treated in accordance with our privacy policy, located on our website. Users are responsible for any Personal Information they disclose to third parties through their use of the application

In addition, the Personal Information of a User may be provided to third parties, such as TfNSW, DPTI and Keolis Downers insurers and external legal advisors, in the event of a claim or accident.

Personal information (information or an opinion about passengers), collected from passengers, such as name, date of birth, contact details, or sensitive personal information (including information about mobility/accessibility requirements) (together Personal Information) collected by Keolis Downer may be disclosed to Transport for New South Wales (TfNSW) and the Department for Planning, Transport and Infrastructure (DPTI).

TfNSW and DPTI may disclose such Personal Information to other Australian government agencies. These government agencies may use Personal Information for any purpose relating to the exercise of their government functions. Such Personal Information may also be disclosed to other third parties if required by law.

TfNSW and DPTI may also use passengers contact details to conduct surveys relating to the provision of the service provided by Keolis Downer.

By using these services provided by Keolis Downer, passengers consent to the collection, use and disclosure of their Personal Information in the manner outlined above.

All IP associated with the Services is owned by Keolis Downer, its Associated Parties, DPTI or TfNSW unless otherwise specified. Through these terms and conditions, the User is granted a revokable, non-perpetual, non-exclusive licence to use the App for the purposes outlined above and no other purpose. Keolis Downer, DPTI and TfNSW give no warranties, and will not in any circumstances be liable for, the infringement of third party IP rights in relation to the Use of the App.

 

Any material (other than Personal Information) uploaded by the User will become the property of Keolis Downer. This includes feedback comments, ratings of Keolis Downer drivers or Services and promotional materials uploaded onto social media sites and pinned to the Services. By uploading any images or other materials onto public areas of the application, the User consents to the use of these in promotional material or other publications by Keolis Downer.

Keolis Downer will, at all times, use best endeavours to deliver the Services in line with these terms and conditions.

To the extent permitted by law, Keolis Downer and its associated parties are not liable for any loss (including direct or indirect losses, damage, liability or expenses arising naturally from the performance or non-performance (including any negligent or wilful act or omission) any breach or default by Keolis Downer or a third party) caused by or contributed to by the user’s use of the Website, App and/or the Services.

Without limiting this section, Keolis Downer will not be liable for any costs incurred by a user as a result of a cancelled service, including consequential damages or the cost of alternative travel arrangements, including without limitation for any failure to meet a subsequent journey on any form of transport.

To the extent that Keolis Downer is responsible for any direct loss, Keolis Downer’s obligations are limited to either (i) re-performance of the services; or (ii) refund of the fare. In no event will Keolis Downer’s liability to a user exceed AUD$1,000 in relation to any incident or claim.

To the extent permitted by law, a scheme under Part 4 of the Civil Liability Act 2002 (NSW) is excluded in relation to all and any rights, obligations or liabilities for either party under this Agreement whether those rights, obligations or liabilities are sought to be enforced in contract, tort or otherwise.

The operation of Part 3 of the Law Reform (Contributory Negligence and Apportionment of Liability) Act 2001 (SA) are excluded in relation to all and any rights of either Party under this Agreement, whether such rights are sought to be enforced in contract, tort or otherwise

The limitations under this section do not purport to limit liability or reduce your rights as a consumer that cannot be excluded under the consumer law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

You agree to indemnify Keolis Downer, DPTI, TfNSW, Via Transportation INC and associated parties, as well as their directors, officers, employees and agents from any and all claims, liabilities, losses and expenses arising directly or indirectly from or in connection with:

Users will be able to rate Keolis Downer drivers and the Service for each trip through the App, the website and by phone.

Recurrent antisocial, disrespectful or otherwise inappropriate behaviour may result in Keolis Downer prohibiting a User from using the Services and/or suspending their account.

 

Keolis Downer value feedback, questions and concerns from Users in relation to the App and the Services and will endeavour to respond to all genuine enquiries as soon as possible. All feedback and enquiries should be lodged at first instance using the SouthLink number 1300 642 604 (for SA users). Alternatively, using the Transport for NSW Infoline (for NSW users). 

Keolis Downer can be contacted directly through the following avenues: 

Keolis Downer will send notices to Users both by email and through the App. It is Users responsibility to ensure the email linked to their Account is both valid and regularly monitored.

Users can unsubscribe from notices at any time through the Keolis Downer website. A User acknowledges that unsubscribing from notices may affect a User’s ability to use the Website, App and/or the Services and under no circumstances with Keolis Downer be liable for a failure of the App or the Services due to the same.