Terms and Conditions of business
“AFT” means Groundbooker Limited and or its affiliates, subsidiaries, branches, brands
“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, lounge, or transport or other services provided to the Passenger
By using any Groundbooker Ltd or AFT website, booking tool or reservation system through which a Service is ordered or is supplied, the Client and/or the Passenger jointly and severally agree to be legally bound by these terms and conditions, including section 12, 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, to ensure that they provide (i) their cell number so they can be reached in an emergency before or during a service, and (ii) the local contact number for their driver or receiving/send off person(s).
It is the Passenger’s responsibility to ensure they have all the correct and valid documents, visas and proofs to allow them to leave or enter the country.
It is the Passenger’s responsibility to provide correct information when booking or changing a service such as service dates and flight information.
It is the Passenger’s responsibility, should they not be able to locate their Greeter Representative or their Driver at the start time and/or start place of a service, to call the relevant telephone number as provided by AFT, before leaving the meeting point or making any alternative arrangements. Failure to do this will be treated as a “no show” or “service declined”.
It is the Passenger’s responsibility to advise AFT 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, or a progressive or rolling delay to the departure time of the Passengers flight occurs before boarding, or a flight is changed to a different flight number and/or a new carrier, or if the Passenger will be early or late for a pick up or kerbside greeting.
It is the Passenger’s responsibility, for car services beginning from their accommodation, or a hotel office or public place, 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 and assist services, where they have more than one large or two medium size checked luggage, or their bags are very heavy or very large, to ensure they inform AFT when they book 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, where and if permitted. 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 bring and fit, the correct child/infant seat if required.
It is the Passenger’s responsibility to declare dutiable or prohibited goods to Customs Officials and to carry bags through customs checks or to engage or order a licensed porter to do so.
THE CLIENT AND/OR PASSENGER AGREE (i) TO INDEMNIFY AFT AND ITS SERVICE PROVIDER AGAINST AND (ii) TO HOLD AFT AND ITS 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 BREACH OF THE AFOREMENTIONED REQUIREMENTS
4. Product & Service modifications
AFT may 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 begin at the booked start time. The Service will end when Delivery of the passenger is completed. AFT and its Service Providers will endevor 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.
A payment processing fee of 4% or less will be added to the invoice where payment is made online with a charge or credit card or using a PayPal account.
The base price which is shown or quoted at the time of booking will include all knowable charges for the Service that is being 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 all or in part outside the Service Provider’s normal operating hours.
AFT prices do not ever include foreign departure, security, port charges, parking fees, customs, immigration, agricultural, passenger-facility charges or international transportation tax. Unless or unless explicitly confirmed as included, AFT prices do not include baggage or personal travel insurance, visa fees or passport stamping fees.
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 or the payment gateway in determining the final charge made.
AFT may take whatever steps it reasonably believes 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 then AFT will charge a US$100 penalty fee and may report unjustified chargebacks to ChargeBackProtection.org and other similar organizations. 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.
If a payment for completed, Cancelled or Major Changed service is not received after AFT has requested it, AFT reserves all it rights to obtain the payment by whatever lawful means it deems appropriate including seeking payment from the passengers when they next pass through an airport or contacting the passengers and/or their bookers, staff or other connected party by E-mail, text, phone or other channel to make arrangements for collection.
Refunds will be made provided that the Client or Passenger has paid in full and that the booking was made with a fare that is eligible for a 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.
7. Refunds, cancellations, amendments
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.
The service is specific to the passenger(s) named at the time of booking. It is not transferable to another person (i.e. no name change allowed) especially where border control approval has been submitted and obtained for the named passenger(s) taking a specified service.
Refund Policy: Any Major Change (as defined below) or Cancellation of a service that is received more than 48 hours before the local service start time will not incur a change fee penalty and/or will be refunded in full. Any Major Change or Cancellation for a service that is received less than 48 hours before the service start time will incur a late change penalty or fee of up to 100% of the service price.
Service Start Time: The service start time is the airline’s scheduled time of arrival (STA) or scheduled time of departure (STD)
Refund Policy for discounted services: If the price paid was a discounted rate (eg a “Super Saver”, “Early Bird” or any other discounted offer rate) then the terms of that discount offer will apply and will supersede these terms and conditions.
Major Change: A Major Change is an amendment which results in the need for us to re-book a service. It includes, but is not limited to, (i) a change of date (ii) a change of airport (iii) or change of service start time of more than 3 hours (iv) a change of flight number requested less than 3 hours before scheduled flight time (v) a change of terminal (vi) a change of airline or flight that makes the intended service impossible or materially different, (vii) a reduction in the scope or value of the service and/or the number of passengers being served.
Notification of changes: It is the passenger’s or their travel arranger’s responsibility to let AFT know by E-mail of any change to their booking, including if a flight is retimed or cancelled for any reason. Any such change notification that is sent by Email to AFT during our normal business hours will be deemed as received at the time it was sent. Any change notification that is sent to AFT outside our normal Business Hours will be deemed as being received at 08:00am on the next day
Business Hours: Our normal business hours (during which orders and notifications are deemed received) are 08:00am – 23:59pm Malaysia Time, 7 days a week
Extra Passengers and additional services: Unexpected additional passengers will normally be served if requested by the booked lead passenger, where possible, where allowed by border control, and providing the local service provider has:
– a verifiable request as evidence (could be an email, a text message or a signed form);
– which is from a named person (could be a security staff, tour manager, a local agent, a translator or guide); and
– who has the authority to incur extra charges (payable by the booked and expected clients)
In some airports, where it is required to have advance approval for each named passenger from border control officers for the VIP service, it is not be possible to serve unexpected guests.
Where last minute additional passengers are served, the rate applicable to the unexpected additional passenger or passengers will be the published rate for that number of additional passengers eg: two unexpected extra passengers will be charged at the normal two person rate.
No name change allowed: The booked service may not be transferred to another person.
Unavoidable changes: AFT is not responsible for the impact of unavoidable changes or acts of nature occurring 48 hours or less before the service stat time (i.e. cancelled, delayed, retimed or diverted flights, or due to Force Majeur events) whether or not due to weather, air traffic, or flight cancellations, and that results in delay, re-routing, missed connection, cancellation, and/or knock on effects. The cancellation policy applies to any and all Major Changes and/or service Cancellations whether avoidable or not.
Special local terms: These will be advised during booking and supersede these terms and conditions. Special terms apply for Police Outrider and Executive Protection services. We strongly recommend passengers take out insurance to cover non-refundable cancellation and change fees. 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.
Local Airport Contact Numbers: as a courtesy, we will endeavor to provide a local contact number (and where possible a name) that may be called in the case of an urgent and important issue arising around the time of service, unless the airport partner has requested that we not do so. Provision of this local contact number is a courtesy,is not a contractual obligation on our part, and is not part of the Service being provided.
Insurance: we strongly recommend that the passenger(s) purchase(s) 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 must be notified to AFT in writing by email within 10 days of the date the booked Meeting time and with sufficient detail about the issue to enable AFT to make a proper investigation. That investigation may take several days or longer to complete. AFT will acknowledge and start the investigation immediately. AFT has the right to see passenger or booker cell phone call record (number and time) and SMS texts (message) where these form part of a complaint.
The Passenger acknowledge that they have, or when booking shall be deemed to have, read, understood and accepted these Conditions, 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 Terms and 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 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).
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.
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.
12. Use of this website is subject to these terms
May 2019 V5a2019