BAJ CUSTOMER TERMS OF SERVICE

CHAPTER 1

Version 1.0

Effective Date: 20/03/2026

These Customer Terms of Service (“Terms”) constitute a legally binding agreement between BAJ Technologies Limited (“BAJ”, “we”, “our” or “us”) and every individual or organisation that accesses, registers for, books, purchases or otherwise uses the BAJ Platform or any service made available through it (“Customer”, “you” or “your”). These Terms govern your relationship with BAJ whenever you use our technology platform to request, compare, bid for, reserve, purchase or receive transportation, tourism or other services offered through the BAJ Platform.

BAJ has been developed as an integrated mobility and tourism platform designed to connect Customers with a wide range of transport and travel-related services throughout New Zealand. Depending on the service selected, BAJ may facilitate traditional taxi services, Ride Bidding, fixed-price transport, metered journeys, airport transfers, long-distance travel, chauffeur services, charter transport, corporate travel, private transfers, sightseeing experiences, day tours, multi-day tours, tourism activities, accommodation-related transfers and other present or future mobility and tourism services that BAJ may lawfully introduce from time to time.

These Terms apply regardless of whether you permanently reside in New Zealand or access the BAJ Platform while travelling or residing in another country. Many Customers may arrange transport or tourism services before arriving in New Zealand, including airport transfers, private tours, intercity transport and holiday experiences. Accordingly, these Terms are intended to govern both domestic and international use of the BAJ Platform while recognising that mandatory consumer protection laws applying in your country of residence may continue to apply where those laws cannot lawfully be excluded. Unless mandatory foreign law requires otherwise, all services arranged through the BAJ Platform are intended to be performed principally within New Zealand and are governed by New Zealand law.

By creating a BAJ account, submitting a booking request, participating in Ride Bidding, purchasing a tourism product, requesting transport, accepting a quotation, making payment, or otherwise accessing or using any part of the BAJ Platform, you acknowledge that you have read these Terms, understand them, and agree to be legally bound by them. Your agreement may be evidenced electronically through your use of the Platform, including by selecting an acceptance button, completing registration, confirming a booking, making payment, responding to an electronic verification process or otherwise continuing to use the Platform after these Terms have been made available to you. You agree that electronic acceptance has the same legal effect as signing a written agreement and that electronic records maintained by BAJ may be relied upon as evidence of your acceptance, your bookings and your use of the Platform.

BAJ operates a technology platform that enables Customers and independent service providers to connect efficiently. Except where BAJ expressly identifies itself as the supplier of a particular service, BAJ generally acts as the operator of the technology platform through which Customers can locate, compare, request and pay for services provided by independent Drivers, Driver Operators, Fleet Operators, Tour Operators and other authorised service providers. Where an independent provider supplies the underlying transport or tourism service, that provider remains responsible for delivering the service in accordance with applicable law and any contract formed with the Customer. BAJ remains responsible for operating the Platform itself, processing bookings and payments where applicable, providing customer support and performing the obligations that these Terms or applicable law place directly upon BAJ.

Because BAJ provides a broad range of services, not every provision of these Terms will apply to every booking. Certain services, including Ride Bidding, airport transfers, tourism products, corporate accounts, recurring bookings, promotional programmes or specialised transport services, may be subject to additional service-specific terms or policies published by BAJ. Those additional terms form part of these Terms and should be read together with them. Where a specific service term conflicts with a general provision of these Terms, the specific term will prevail only to the extent necessary to resolve the inconsistency.

Nothing contained in these Terms is intended to exclude, restrict or limit any right or remedy that cannot lawfully be excluded under the laws of New Zealand. Where you acquire services as a consumer, you may have rights under legislation including the Consumer Guarantees Act 1993, the Fair Trading Act 1986, the Privacy Act 2020, the Contract and Commercial Law Act 2017 and other applicable legislation. These Terms operate alongside those statutory rights and will be interpreted accordingly. Where New Zealand law permits parties dealing strictly in trade to contract out of certain statutory protections, any such contracting out will apply only where expressly agreed in writing and only to the extent permitted by law.

BAJ is committed to operating a safe, transparent and reliable platform for Customers, Drivers, Operators and tourism providers. These Terms are intended to establish clear expectations for all parties while supporting innovation in passenger transport and tourism throughout New Zealand. Customers are encouraged to read these Terms carefully before making any booking and to contact BAJ if clarification is required regarding any provision before accepting them.

 

CHAPTER 2

CUSTOMER ELIGIBILITY, BAJ ACCOUNTS AND PLATFORM ACCESS

To access certain features of the BAJ Platform, including booking transport services, participating in Ride Bidding, purchasing tourism products, managing reservations, storing payment methods or receiving personalised services, a Customer may be required to create and maintain a BAJ Account. Certain information services may remain available without registration; however, BAJ reserves the right to determine which Platform features require an authenticated account.

A BAJ Account is personal to the individual or organisation in whose name it is registered. Unless BAJ expressly authorises otherwise in writing, an account must not be sold, transferred, assigned, rented, shared or otherwise made available to another person. You remain responsible for all activities that occur through your account until BAJ has been properly notified that your account has been compromised or that another person has obtained unauthorised access. Nothing in this clause limits any statutory rights you may have where unauthorised access results from circumstances for which BAJ is legally responsible.

By creating a BAJ Account, you represent that the information you provide is complete, accurate and not misleading. This includes your legal name, mobile telephone number, email address, billing details and any other information reasonably requested by BAJ during registration or at any later stage. Because the BAJ Platform provides transport and tourism services that may involve identity verification, payment processing, regulatory compliance and passenger safety, BAJ may require Customers to provide additional information from time to time, including proof of identity, proof of age, verification of a payment method, confirmation of a mobile telephone number or other information reasonably necessary to protect Customers, Drivers, Operators, Tour Providers and the integrity of the Platform.

You are responsible for ensuring that your account information remains current throughout your use of the Platform. If your mobile number, email address, billing information or other important account information changes, you must update your account promptly. BAJ may continue to rely on the information most recently supplied by you until that information has been amended through the Platform or otherwise verified by BAJ. BAJ will not be responsible for delays, failed communications or booking difficulties resulting solely from inaccurate or outdated information maintained within your account.

A BAJ Account may ordinarily be created only by a person who has reached the age of eighteen years and who has legal capacity to enter into binding contracts under applicable law. Where BAJ introduces services intended for younger users, those services may be accessed only in accordance with any specific conditions published for that service, including requirements for parental or guardian consent where applicable. Nothing in these Terms prevents a parent, guardian or authorised adult from arranging transport or tourism services for another person, including a child, provided that the booking complies with these Terms and any additional safety requirements published by BAJ.

Business entities, government agencies, educational institutions, accommodation providers, travel businesses and other organisations may register Corporate Accounts where that functionality is offered by BAJ. The individual establishing or administering such an account warrants that they possess authority to bind the organisation to these Terms and to make bookings on its behalf. Corporate Accounts may permit multiple authorised users, centralised payment facilities, administrative controls and reporting functions, and may also be subject to separate commercial agreements entered into between BAJ and the relevant organisation.

Because BAJ operates nationally and serves international visitors, Customers may register using mobile telephone numbers issued outside New Zealand, provided those numbers are capable of receiving verification messages and other operational communications required by the Platform. BAJ cannot guarantee successful delivery of verification messages where failures arise from international telecommunications networks, roaming restrictions, carrier filtering, device settings or circumstances beyond BAJ’s reasonable control. Where electronic verification cannot be completed successfully, BAJ may require an alternative verification method before permitting access to certain Platform features.

To protect Customers and Service Providers against fraud, identity theft and unauthorised account access, BAJ may verify account information using automated and manual verification processes. Verification may include one-time passwords, email verification, payment verification, government-issued identity documents, biometric comparison technologies, fraud detection systems, third-party identity verification providers or other commercially reasonable verification methods. The level of verification required may vary according to the nature of the service requested, transaction value, regulatory obligations, fraud indicators or other legitimate operational considerations. BAJ reserves the right to refuse registration or suspend access where satisfactory verification cannot be completed.

Customers are responsible for maintaining the confidentiality of passwords, verification codes and other account credentials. Verification codes issued by BAJ are intended solely for the Customer to whom they are sent and must not be disclosed to another person except where BAJ expressly provides a secure mechanism for delegated access. Customers should take reasonable precautions to protect the devices used to access the BAJ Platform, including the use of appropriate passwords, biometric security, operating system updates and protection against unauthorised access.

If you know or reasonably suspect that your account, mobile number, payment method or login credentials have been compromised, you must notify BAJ without undue delay. Upon receiving such notification, BAJ may temporarily suspend access, require additional verification, restrict particular Platform functions or take any other reasonable security measure necessary to protect affected Customers, Drivers, Operators or the Platform itself. BAJ may also initiate security measures on its own initiative where unusual account activity, suspected fraud or other security risks are detected.

BAJ may refuse to create an account, suspend an existing account or permanently terminate access to the Platform where it reasonably believes that the account has been created using false information, is being used for fraudulent or unlawful purposes, has been compromised, presents a material risk to passenger safety, repeatedly breaches these Terms or otherwise threatens the integrity of the Platform. Where reasonably practicable, BAJ will inform the Customer of the general reason for such action, although BAJ may withhold specific information where disclosure would prejudice fraud investigations, compromise security systems, infringe another person’s privacy or otherwise be contrary to law.

Customers may close their BAJ Account at any time by following the procedures made available through the Platform or by contacting BAJ Customer Support. Closure of an account will not affect any rights or obligations arising before the date of closure, including outstanding payments, unresolved complaints, ongoing legal proceedings, completed bookings, taxation obligations or any provision of these Terms which, by its nature, is intended to survive termination.

Nothing in this section limits BAJ’s obligations under the Privacy Act 2020 or any other applicable privacy legislation. BAJ will collect, use, retain and disclose personal information only in accordance with its Privacy Policy and applicable law. Customers are encouraged to review the BAJ Privacy Policy carefully, as it forms an integral part of these Terms and explains how personal information is handled throughout the operation of the BAJ Platform.

CHAPTER 3

THE BAJ PLATFORM AND THE LEGAL RELATIONSHIP BETWEEN THE PARTIES

The BAJ Platform has been developed as an integrated digital marketplace through which Customers may discover, compare, request, negotiate, reserve, purchase and manage a broad range of mobility, transport, tourism and related services. Unlike platforms that provide only a single category of service, the BAJ Platform is designed to support multiple business models operating simultaneously, including passenger transport, Ride Bidding, tourism experiences, travel-related services, corporate mobility solutions and any additional lawful services that BAJ may introduce in the future.

For that reason, the legal relationship between BAJ, the Customer and the Service Provider may differ depending upon the particular service being used. These Terms should therefore be interpreted according to the specific transaction rather than on the assumption that every booking creates the same contractual relationship.

BAJ owns and operates the technology platform through which services are advertised, searched, compared, requested, booked, managed and, where applicable, paid for. The Platform includes the BAJ mobile applications, websites, application programming interfaces, business portals, payment systems, communication tools, customer support systems and any other technology that BAJ makes available to facilitate the operation of its marketplace. Unless expressly stated otherwise, the Customer’s agreement with BAJ relates to the use of this Platform together with the digital services supplied by BAJ in operating it.

The fact that a service is booked through the BAJ Platform does not necessarily mean that BAJ is itself the supplier of the underlying transport, tourism or other service. In many cases BAJ provides the technological infrastructure through which independent Drivers, Driver Operators, Fleet Operators, Tour Operators or other authorised businesses offer their services directly to Customers. Those independent providers remain responsible for performing the services they agree to supply and for complying with the legal obligations that apply to their businesses. BAJ’s role in those circumstances is to facilitate discovery, communication, booking, payment processing where applicable, customer support and other platform services described in these Terms.

There will, however, be circumstances in which BAJ itself supplies or organises a service in its own right. Where BAJ expressly identifies itself as the provider, organiser or merchant of record for a particular service, BAJ assumes the contractual responsibilities associated with that role, subject always to these Terms and applicable law. Examples may include tourism packages organised directly by BAJ, promotional services sold under the BAJ brand, bundled travel products, corporate mobility solutions managed directly by BAJ or any other service that BAJ expressly states it is supplying. The identity of the supplier for each booking will ordinarily be identified during the booking process, within the booking confirmation, invoice or receipt, or within any service-specific terms that apply to the transaction.

Nothing in these Terms should be interpreted as creating a partnership, joint venture, franchise, employment relationship or agency relationship between BAJ and an independent Driver, Driver Operator, Fleet Operator or Tour Operator unless BAJ expressly states otherwise in writing. Independent Service Providers remain independent businesses responsible for determining how they conduct their operations, subject to applicable law, the agreements they have entered into with BAJ and the operational standards reasonably required to maintain the safety, quality and integrity of the Platform.

Customers acknowledge that the BAJ Platform may support different methods by which services become available. Some services may be accepted immediately at a published price. Others may involve quotations, competitive bidding, negotiated pricing, scheduled reservations, marketplace listings or requests for customised itineraries. The legal mechanism through which a booking is formed may therefore differ according to the relevant service. These Terms establish the general legal framework, while individual service-specific provisions explain how contracts are formed for each category of service.

BAJ may also engage third-party organisations to provide specialised services that support the operation of the Platform, including payment processing, identity verification, fraud prevention, telecommunications, cloud infrastructure, mapping, navigation, customer communications, insurance administration, marketing, analytics and regulatory compliance. The use of those supporting services does not, by itself, alter the contractual relationship between BAJ, the Customer and the underlying Service Provider, although Customers may become subject to additional terms imposed by those third-party providers where the nature of the service requires it. BAJ will take reasonable steps to identify such arrangements where they materially affect the Customer’s rights or obligations.

The BAJ Platform has been designed to evolve as technology, customer expectations and legal requirements continue to develop. Accordingly, references throughout these Terms to mobility services, transport services, tourism services or marketplace services include equivalent or substantially similar services that BAJ may lawfully introduce after these Terms take effect, provided that those services are made available through the Platform and are governed by these Terms together with any applicable service-specific conditions. This approach allows the Platform to develop over time without requiring a complete replacement of the Customer Agreement each time BAJ introduces a new category of lawful service.

Nothing contained in this Chapter excludes any responsibility imposed directly upon BAJ or upon an independent Service Provider by applicable law. Where legislation allocates responsibility to a particular party, those statutory responsibilities continue to apply regardless of the contractual arrangements described in these Terms. These Terms are intended to complement applicable law by clearly identifying the respective commercial roles of BAJ, the Customer and each Service Provider, thereby promoting transparency, reducing misunderstanding and supporting the efficient operation of the BAJ Platform.

CHAPTER 4

BAJ SERVICES

4.1 Nature of BAJ Services

The BAJ Platform provides Customers with access to an integrated digital marketplace through which a variety of transport, mobility, tourism and related services may be searched, compared, requested, reserved, purchased, managed and completed. The Platform has been designed to accommodate multiple categories of services operating within a single technology ecosystem while allowing those services to be supplied by BAJ itself, by independent Service Providers or through collaborative commercial arrangements established by BAJ from time to time.

Because the BAJ Platform supports numerous service categories, the precise characteristics of each service may differ. Some services involve the immediate transportation of passengers between two locations, while others may involve advance reservations, competitive price negotiation, scheduled departures, multi-day itineraries, recurring business transport, tourism experiences or other specialised services. These Terms apply to every service made available through the BAJ Platform unless a separate agreement expressly provides otherwise.

The introduction of additional services after these Terms become effective does not, of itself, require a new agreement between BAJ and existing Customers. Subject to applicable law, any lawful service subsequently introduced through the BAJ Platform will automatically become subject to these Terms together with any additional service-specific conditions published for that service.

4.2 Categories of Services

Services available through the BAJ Platform may include, but are not limited to:

• Ride Bidding services;
• Taxi services;
• Metered taxi journeys;
• Fixed fare transport;
• Airport transfers;
• Seaport and cruise terminal transfers;
• Railway station transfers;
• Corporate transport services;
• Long-distance and intercity transport;
• Chauffeur and executive transport;
• Hourly vehicle hire;
• Private transport services;
• Shared transport services;
• Disability-accessible transport;
• Tourism transfers;
• Day tours;
• Multi-day tours;
• Private tours;
• Group tours;
• Tourism attractions;
• Tourism activities;
• Holiday packages;
• Event transport;
• Accommodation transfers;
• Travel planning services;
• Digital booking services;
• Corporate mobility management;
• Marketplace services;
• AI-assisted travel services;
• Other lawful services introduced by BAJ from time to time.

The availability of any particular service may vary according to geographic location, regulatory requirements, operational capacity, vehicle availability, seasonal demand, weather conditions, commercial arrangements or any other legitimate operational factor.

4.3 Transport Services

Transport services available through the BAJ Platform are intended to provide Customers with lawful passenger transportation between locations nominated by the Customer or otherwise agreed during the booking process.

Transport services may be provided immediately upon request, scheduled for a future time, negotiated through Ride Bidding, booked as recurring services or arranged as part of broader tourism or corporate travel services.

Unless expressly stated otherwise, transport services begin only when a booking has been accepted in accordance with these Terms and end when the relevant journey has been completed or lawfully terminated.

Transport services remain subject to road conditions, weather, traffic congestion, public emergencies, vehicle availability, operational requirements, regulatory obligations and any other circumstances that may reasonably affect the safe and efficient performance of the service.

4.4 Tourism Services

Tourism services offered through the BAJ Platform may include guided tours, sightseeing experiences, visitor attractions, tourism transfers, accommodation-related services, holiday packages, private experiences, multi-day itineraries and other travel products.

Tourism services frequently involve independent suppliers, accommodation providers, activity operators, transport providers and other commercial partners. Accordingly, different components of a tourism booking may be supplied by different parties, each of whom remains responsible for the services they undertake to provide.

Customers acknowledge that tourism services may require greater operational flexibility than point-to-point transport because itineraries may be affected by weather, natural events, conservation requirements, seasonal conditions, government restrictions, attraction availability, marine conditions, flight schedules, ferry operations, road closures or other circumstances beyond the reasonable control of BAJ or the relevant supplier.

Where reasonable operational changes become necessary, BAJ or the relevant supplier may substitute comparable arrangements provided the overall nature and value of the booking are not materially reduced, unless such changes are required by law or are necessary to protect the health, safety or wellbeing of participants.

4.5 Ride Bidding Services

Ride Bidding is a unique feature of the BAJ Platform that enables Customers and eligible Service Providers to negotiate the commercial terms of a proposed journey before a transport contract is formed.

Unlike conventional fixed-price booking systems, Ride Bidding allows one or more offers to be submitted, reviewed, accepted, rejected or replaced through the Platform. During this negotiation process neither the Customer nor the Service Provider is legally obliged to proceed unless and until a valid offer has been accepted in accordance with these Terms and the Platform confirms the booking.

The Ride Bidding process is intended to encourage transparency, competition and customer choice while maintaining the safety, operational integrity and regulatory compliance of the BAJ Platform. All participants are expected to conduct themselves honestly and fairly throughout the bidding process.

Detailed operational rules governing Ride Bidding are contained within the BAJ Ride Bidding Rules, which form part of these Terms.

4.6 Corporate Services

BAJ may provide specialised services for businesses, government agencies, educational institutions and other organisations requiring ongoing transport or tourism solutions.

Corporate services may include centralised billing, delegated booking authority, recurring travel arrangements, employee transport, executive travel management, visitor transport, event logistics and other business mobility services.

Where Corporate Services are supplied, additional contractual terms may apply between BAJ and the relevant organisation. Those commercial arrangements operate alongside these Customer Terms and prevail where expressly stated.

4.7 Future Services

The BAJ Platform has been designed to support innovation and technological development. BAJ may therefore introduce additional mobility, tourism or related services that are not specifically described in these Terms at the time they are first published.

Examples may include electric vehicle services, autonomous vehicle services, parcel delivery, travel insurance, accommodation bookings, artificial intelligence travel planning, multimodal transport, integrated public transport connections or other lawful services developed in response to market demand or technological advancement.

Where BAJ introduces a materially new category of service that gives rise to additional legal rights or obligations, BAJ will publish appropriate supplementary terms before that service becomes available. Those supplementary terms will be incorporated into and form part of this Agreement from the date they take effect.

4.8 Service Availability

BAJ continually seeks to improve and expand the availability of services offered through the Platform. However, BAJ does not guarantee that every service category will always be available in every location or at every time.

Service availability may be affected by demand, Driver availability, regulatory restrictions, infrastructure limitations, commercial decisions, natural disasters, public emergencies, technical interruptions, maintenance activities or any other circumstance that reasonably affects BAJ’s ability to provide access to the Platform.

Where a requested service cannot reasonably be provided, BAJ may offer an alternative service, invite the Customer to submit another booking request or cancel the request in accordance with these Terms and any applicable refund policy.

4.9 Continuous Development

Customers acknowledge that the BAJ Platform is an evolving technology platform. BAJ may improve, redesign, replace, expand or discontinue Platform features where reasonably necessary to improve security, efficiency, regulatory compliance, customer experience or operational performance.

Such improvements may include new booking technologies, artificial intelligence functionality, enhanced payment systems, fraud prevention tools, mapping technologies, multilingual communication systems, accessibility improvements, digital identity verification, automation or any other technological enhancement reasonably considered beneficial to the operation of the Platform.

BAJ will use reasonable endeavours to ensure that material changes do not adversely affect confirmed bookings or reduce statutory rights available to Customers under applicable law.

CHAPTER 5

BOOKINGS AND CONTRACT FORMATION

5.1 Booking Requests

A Customer may request services through any booking method made available by BAJ from time to time, including the BAJ mobile applications, the BAJ website, corporate booking portals, authorised third-party integrations, customer support representatives or any other booking channel approved by BAJ.

Submitting a booking request does not, by itself, create a legally binding contract for the provision of the requested service. A booking request represents the Customer’s intention to obtain a service on the terms made available through the BAJ Platform, subject to acceptance by the relevant Service Provider or, where applicable, by BAJ.

Customers are responsible for ensuring that all booking information is complete and accurate at the time the request is submitted. This includes, where applicable, the pickup location, destination, scheduled collection time, number of passengers, luggage requirements, accessibility needs, child restraint requirements, flight or transport reference numbers, contact details and any other information reasonably necessary for the proper performance of the requested service.

BAJ and the relevant Service Provider are entitled to rely upon the information supplied by the Customer when assessing, accepting and performing a booking. BAJ will not be responsible for delays, additional charges or unsuccessful service delivery arising directly from inaccurate, incomplete or misleading booking information supplied by the Customer.

5.2 Invitation to Book

Except where these Terms expressly provide otherwise, all information displayed through the BAJ Platform, including estimated prices, service descriptions, availability indicators, promotional offers, estimated arrival times and vehicle information, is provided for informational purposes and generally constitutes an invitation for the Customer to submit a booking request rather than a legally binding offer by BAJ or any Service Provider.

Displayed prices, availability and estimated arrival times may change before a booking is accepted due to changing operational conditions, Driver availability, market demand, traffic conditions, weather, regulatory requirements, pricing adjustments or other factors affecting the availability of services.

Nothing in this clause limits any rights a Customer may have under applicable consumer protection legislation in relation to misleading or deceptive conduct or false representations.

5.3 Acceptance of a Booking

A binding contract for the relevant service is formed only when the booking has been accepted in accordance with the booking process applicable to that particular service category.

Acceptance may occur by:

• confirmation through the BAJ Platform;
• acceptance by an eligible Driver or Driver Operator;
• confirmation issued by BAJ;
• confirmation issued by a Tour Operator or other authorised Service Provider;
• automatic acceptance where BAJ has implemented instant booking functionality; or
• any other acceptance method expressly identified during the booking process.

Once acceptance has occurred, the Customer and the relevant Service Provider become legally bound by the booking, subject to these Terms, any applicable service-specific conditions and any mandatory rights provided under applicable law.

5.4 Different Booking Models

Customers acknowledge that the BAJ Platform supports multiple booking models, each of which may involve a different method of contract formation.

For example:

• Ride Bidding bookings are formed only after a bid or counter-offer has been accepted through the Platform.
• Instant bookings are formed immediately upon electronic confirmation.
• Scheduled transport bookings become binding upon confirmation by the relevant Service Provider.
• Tourism bookings may require supplier confirmation before becoming legally binding.
• Corporate bookings may become binding in accordance with separate commercial arrangements entered into between BAJ and the relevant organisation.

The applicable booking model will normally be identified during the booking process or within the relevant service-specific conditions.

5.5 Booking Confirmations

Following acceptance, BAJ will ordinarily issue a booking confirmation electronically through the Platform, by email, SMS, push notification or another communication method nominated by the Customer.

A booking confirmation will generally identify:

• the booking reference number;
• the type of service booked;
• the supplier of the service, where applicable;
• the agreed pickup or commencement details;
• pricing information, where available;
• and any other operational information reasonably necessary for the booking.

Customers should review their booking confirmation promptly and notify BAJ without unreasonable delay if they believe any material information is incorrect.

5.6 Estimated Information

Certain information displayed before or during a booking may be based upon reasonable estimates rather than fixed contractual commitments.

Examples include estimated arrival times, estimated journey durations, estimated traffic conditions, estimated fares, estimated travel distances, estimated fuel surcharges and estimated completion times.

Such estimates are provided in good faith using available operational information and should not be interpreted as guarantees unless BAJ expressly states otherwise.

5.7 Customer Responsibilities

Customers agree to cooperate reasonably throughout the booking process.

Without limitation, Customers must:

• provide truthful information;
• remain contactable using the nominated contact details where reasonably required;
• comply with applicable laws;
• provide any information reasonably requested for specialised services;
• promptly notify BAJ of material booking changes;
• and comply with any reasonable operational instructions communicated by BAJ or the relevant Service Provider.

Failure to provide information reasonably necessary to perform the booking may result in delays, cancellation or additional charges where permitted by these Terms and applicable law.

5.8 Errors

BAJ may correct genuine administrative, pricing, technical, mapping or system errors that become apparent before or shortly after a booking confirmation has been issued.

Where correction of an error materially changes the booking, BAJ will notify the Customer as soon as reasonably practicable and provide any options required by applicable law, including cancellation or refund where appropriate.

Nothing in this clause permits BAJ to avoid obligations arising from deliberate representations or conduct prohibited by law.

5.9 Booking Records

BAJ may maintain electronic records relating to bookings, communications, confirmations, amendments, cancellations, payment transactions, Ride Bidding negotiations and other operational activities for legitimate business, legal, security, fraud prevention and regulatory purposes.

Subject to applicable law, electronic records maintained in the ordinary course of BAJ’s business may be relied upon as evidence of booking activity unless proven to be inaccurate.

5.10 Good Faith

BAJ, Customers and Service Providers are expected to act honestly, fairly and in good faith throughout the booking process.

No party may knowingly manipulate bookings, abuse the Ride Bidding process, interfere with another participant’s legitimate use of the Platform, create fictitious bookings, intentionally provide false information or engage in conduct designed to undermine the integrity of the BAJ Platform.

Where BAJ reasonably believes that such conduct has occurred, BAJ may investigate the matter and take appropriate action in accordance with these Terms, applicable law and the BAJ Community Standards.

CHAPTER 6

RIDE BIDDING SERVICES

6.1 Purpose of the Ride Bidding Service

The BAJ Ride Bidding Service is a marketplace feature that enables eligible Customers and eligible Service Providers to negotiate the commercial terms of a proposed transport service before a legally binding transport contract is formed. The purpose of Ride Bidding is to provide greater pricing flexibility, encourage fair market competition, improve customer choice and allow Service Providers to determine whether a proposed journey is commercially suitable for their business.

Ride Bidding is intended to operate in a transparent, fair and secure manner through the BAJ Platform. All negotiations must occur within the Platform unless BAJ expressly authorises an alternative process. Customers and Service Providers must not attempt to circumvent the Platform in order to avoid applicable fees, Platform rules or legal obligations.

6.2 Availability

Ride Bidding may not be available for every booking or in every location.

BAJ may determine, at its discretion, which services, geographical areas, booking categories or customer groups are eligible to use Ride Bidding. Certain services, including regulated transport, corporate bookings, promotional offers, emergency transport or fixed-price products, may operate outside the Ride Bidding system.

The temporary unavailability of Ride Bidding does not entitle a Customer or Service Provider to compensation.

6.3 Commencing the Bidding Process

A Customer may initiate a Ride Bidding request by submitting the required booking information together with either:

• a proposed fare;
• a request for offers;
• or another bidding format made available by the BAJ Platform.

Alternatively, where BAJ introduces additional functionality, an eligible Service Provider may initiate the first offer where permitted by the Platform.

Submission of a bid does not create a legally binding obligation for either party.

6.4 Offers and Counter-Offers

During the bidding process, either party may:

• accept an offer;
• reject an offer;
• submit a counter-offer;
• withdraw an unaccepted offer where the Platform permits;
• allow an offer to expire;
• or discontinue negotiations before a contract has been formed.

Each counter-offer replaces the previous unaccepted offer unless the Platform expressly indicates otherwise.

Neither party is obliged to continue negotiating.

6.5 Formation of the Transport Contract

A legally binding transport contract is formed only when:

1. a valid offer has been accepted through the BAJ Platform;
2. the Platform records that acceptance;
3. the booking remains capable of being performed; and
4. a booking confirmation is issued or otherwise communicated by BAJ.

Until those steps have occurred, neither the Customer nor the Service Provider is legally obliged to perform the proposed journey.

6.6 Expiry of Offers

Offers submitted through Ride Bidding may remain open only for the period specified by the Platform.

If an offer expires without acceptance:

• the offer automatically lapses;
• neither party has any obligation to proceed;
• and a new negotiation may be commenced if permitted.

Expired offers cannot be revived unless both parties expressly agree through the Platform.

6.7 Good Faith Negotiation

Customers and Service Providers agree to participate in Ride Bidding honestly, fairly and in good faith.

Without limitation, participants must not:

• submit bids they do not genuinely intend to honour;
• manipulate pricing through fictitious accounts;
• artificially inflate or suppress market prices;
• engage in collusive bidding;
• use automated systems without BAJ’s written approval;
• harass or intimidate another participant during negotiations;
• or otherwise interfere with the fair operation of the Ride Bidding marketplace.

BAJ may investigate suspected abuse and take appropriate action, including warnings, suspension, cancellation of bookings or permanent removal from the Platform.

6.8 Platform Assistance

BAJ may provide informational tools to assist Customers and Service Providers during Ride Bidding.

Such tools may include:

• estimated market pricing;
• historical fare information;
• demand indicators;
• supply indicators;
• estimated journey duration;
• estimated travel distance;
• suggested bid ranges;
• AI-generated pricing recommendations;
• or other decision-support information.

These tools are provided for guidance only and do not constitute financial, commercial or legal advice, nor do they guarantee that a bid will be accepted.

6.9 Cancellation Before Acceptance

Either party may withdraw from negotiations at any time before a transport contract is formed unless the Platform expressly provides otherwise.

No cancellation fee applies merely because negotiations were unsuccessful.

However, repeated misuse of the bidding process may constitute abuse of the Platform.

6.10 After Acceptance

Once a bid has been accepted and a transport contract has been formed, the booking becomes subject to:

• these Terms;
• the applicable cancellation provisions;
• payment obligations;
• Platform rules;
• safety requirements;
• and any service-specific conditions.

Neither party may unilaterally alter the agreed fare after contract formation unless:

• the Customer requests a material change to the journey;
• additional services are requested;
• mandatory regulatory charges apply;
• or another adjustment is expressly permitted under these Terms.

6.11 Platform Integrity

To preserve confidence in the Ride Bidding marketplace, BAJ may monitor bidding activity using automated systems and manual review.

Where BAJ reasonably believes that bidding behaviour is inconsistent with these Terms, applicable law or the fair operation of the Platform, BAJ may:

• reject bids;
• remove offers;
• suspend bidding privileges;
• restrict account functionality;
• require additional verification;
• cancel affected bookings where reasonably necessary;
• or take any other reasonable action to protect the integrity of the Platform.

6.12 Future Development

BAJ may continue to develop the Ride Bidding Service by introducing new bidding formats, AI-assisted negotiation tools, corporate bidding solutions, fleet bidding, multi-vehicle bidding, scheduled auction mechanisms, loyalty-based bidding preferences or other lawful marketplace innovations.

Unless expressly stated otherwise, any such developments will remain subject to the principles established in this Chapter and these Terms as a whole.

CHAPTER 7

PRICING, FARES AND CHARGES

7.1 General Pricing Principles

BAJ is committed to providing a transparent pricing framework that enables Customers to make informed decisions before entering into a booking. Depending on the nature of the service selected, prices displayed through the BAJ Platform may be fixed, negotiated, metered, estimated, dynamically calculated or determined using another pricing methodology appropriate to the relevant service.

Customers acknowledge that not all services operate under the same pricing model. A fixed-price airport transfer, for example, differs fundamentally from a metered taxi journey or a Ride Bidding transaction. The pricing methodology applicable to a booking will ordinarily be identified during the booking process or within the service-specific conditions.

Unless expressly stated otherwise, all prices displayed through the BAJ Platform are quoted in New Zealand Dollars (NZD) and include Goods and Services Tax (GST) where required by New Zealand law. Where services are supplied in another jurisdiction or where local taxation rules apply, BAJ may display prices in another currency or identify applicable taxes separately in accordance with the laws of that jurisdiction.

7.2 Pricing Models

The BAJ Platform supports multiple pricing models to accommodate the diverse range of services offered through the Platform. These may include:

• fixed fares;
• Ride Bidding negotiated fares;
• metered fares;
• distance-based pricing;
• time-based pricing;
• hourly rates;
• package pricing;
• promotional pricing;
• corporate contract pricing;
• subscription or membership pricing;
• event-based pricing;
• seasonal pricing; and
• any other lawful pricing methodology introduced by BAJ from time to time.

The pricing model applicable to a booking will depend upon the selected service and will form part of the booking confirmation.

7.3 Estimated Prices

Where the Platform provides an estimated fare before a booking is confirmed, that estimate is intended solely to assist the Customer in evaluating the likely cost of the requested service.

Estimated prices are calculated using the information available at the time of the estimate and may take into account factors such as:

• the proposed pickup and destination;
• estimated travel distance;
• anticipated travel time;
• expected traffic conditions;
• historical journey data;
• applicable surcharges;
• tolls;
• airport fees;
• and other relevant operational factors.

Unless the Platform expressly identifies a fare as fixed, estimated prices are not guaranteed and may differ from the final amount payable where circumstances affecting the journey change.

7.4 Fixed Fares

Where BAJ or the relevant Service Provider offers a fixed fare, the agreed fare will ordinarily remain unchanged for the booked journey provided the journey is completed substantially in accordance with the confirmed booking.

A fixed fare may be adjusted only where:

• the Customer requests a material change to the booking;
• additional stops are added after confirmation;
• the destination is changed;
• additional services are requested;
• waiting time exceeds any included allowance;
• mandatory regulatory charges are imposed after the booking;
• or another adjustment is expressly authorised under these Terms.

Where a material variation is requested, the Customer will be informed of the revised pricing before the additional service is provided where reasonably practicable.

7.5 Metered Taxi Services

For journeys performed using an approved taximeter, the fare will ordinarily be determined by the taximeter operating in accordance with applicable legislation, regulatory requirements and the fare schedule approved for the relevant operating area.

The metered fare may include:

• the initial flagfall;
• distance travelled;
• waiting time;
• authorised airport charges;
• road tolls;
• and any other lawful charges permitted by applicable legislation.

Where the Platform displays an estimated metered fare before the journey begins, that estimate does not replace the amount lawfully recorded by the taximeter unless applicable law or these Terms expressly provide otherwise.

7.6 Ride Bidding Pricing

For Ride Bidding services, the final fare is the amount agreed between the Customer and the successful Service Provider through the bidding process.

Once accepted, the agreed fare becomes contractually binding, subject only to adjustments expressly permitted by these Terms.

Neither party may subsequently seek to renegotiate the agreed fare outside the BAJ Platform unless both parties agree through an authorised Platform process.

7.7 Tourism and Package Pricing

Tourism products may be offered at fixed package prices, variable seasonal prices or supplier-determined prices.

Package pricing may include transport, accommodation, admissions, guided services, meals or other inclusions identified during the booking process.

Unless otherwise stated, optional extras, personal expenses, travel insurance, visas, passports, meals not specifically identified as included and incidental expenses remain the responsibility of the Customer.

7.8 Additional Charges

Certain bookings may give rise to additional lawful charges where applicable.

Examples include:

• airport pickup fees;
• airport access charges;
• road tolls;
• ferry charges;
• parking fees incurred at the Customer’s request;
• additional waiting time;
• excessive cleaning costs;
• child restraint hire;
• accessibility equipment requested by the Customer;
• luggage handling requested by the Customer;
• or other charges clearly disclosed before or during the booking.

BAJ will use reasonable endeavours to ensure that additional charges are transparent and supported by the circumstances giving rise to them.

7.9 Promotions and Discounts

From time to time BAJ may offer promotional pricing, discount codes, loyalty rewards, referral incentives, introductory offers or other marketing campaigns.

Unless expressly stated otherwise:

• promotions have no cash value;
• promotions cannot be combined where prohibited;
• promotions may be withdrawn or amended for future bookings at any time;
• promotions remain subject to any published promotional conditions;
• and misuse of promotional offers may result in cancellation of the benefit or suspension of the relevant account.

Withdrawal of a promotion will not affect bookings already confirmed under that promotion unless cancellation is permitted by law or by the applicable promotional conditions.

7.10 Pricing Errors

Despite BAJ’s efforts to maintain accurate pricing, genuine pricing errors may occasionally occur because of technical failures, mapping errors, software faults, supplier data errors or administrative mistakes.

Where BAJ discovers a material pricing error before a booking has been fully performed, BAJ may contact the Customer to explain the error and, where appropriate:

• honour the displayed price where required by law;
• offer the booking at the correct price;
• allow the Customer to cancel without penalty; or
• provide another remedy consistent with applicable consumer protection legislation.

Nothing in this clause permits BAJ to engage in misleading or deceptive conduct or to avoid legal obligations imposed under the Fair Trading Act 1986, the Consumer Guarantees Act 1993 or any other applicable law.

7.11 Future Pricing Innovation

As the BAJ Platform continues to evolve, BAJ may introduce additional pricing methodologies that support innovation, improve customer choice or respond to changing market conditions.

These may include artificial intelligence pricing assistance, loyalty-based pricing, subscription models, bundled mobility services, multimodal transport pricing or other lawful commercial models introduced in accordance with applicable law.

Where a materially different pricing model is introduced, BAJ will clearly explain its operation before the Customer commits to the relevant booking.

CHAPTER 8

PAYMENTS

8.1 General Payment Obligations

Customers agree to pay all amounts lawfully payable for services booked through the BAJ Platform in accordance with these Terms, the applicable booking confirmation and any service-specific conditions. Payment obligations arise once a legally binding booking has been formed, except where these Terms or applicable law provide otherwise.

The total amount payable may include the agreed fare, applicable taxes, regulatory charges, airport access fees, tolls, authorised surcharges, additional services requested by the Customer and any other charges properly disclosed in accordance with these Terms.

Customers remain responsible for ensuring that an approved payment method is available for the settlement of all amounts due.

8.2 Accepted Payment Methods

BAJ may accept a variety of payment methods to provide Customers with flexibility and convenience. Depending upon the service and location, these may include:

• major credit cards;
• debit cards;
• digital wallets;
• online banking;
• corporate accounts;
• approved vouchers;
• gift cards;
• cash, where permitted;
• in-app wallet balances;
• loyalty credits;
• or any other payment method authorised by BAJ.

The availability of a particular payment method may differ between services, geographic locations, regulatory environments or individual Service Providers.

BAJ reserves the right to add, withdraw or restrict payment methods where reasonably necessary for operational, legal, security or commercial reasons.

8.3 Payment Processing

Payments may be processed directly by BAJ, by an authorised third-party payment processor or, where applicable, by the relevant Service Provider acting in accordance with these Terms.

Customers authorise BAJ and its authorised payment partners to process payments, verify payment credentials, perform fraud prevention checks and complete transactions reasonably necessary for the operation of the BAJ Platform.

Payment processing does not of itself determine who is legally responsible for supplying the underlying transport or tourism service.

8.4 Pre-Authorisation

For certain services BAJ may request a payment pre-authorisation before confirming a booking.

A pre-authorisation is a temporary verification of the Customer’s payment method and is not, by itself, a completed payment.

The amount pre-authorised may differ from the final amount payable where:

• the booking changes;
• additional services are requested;
• waiting time applies;
• tolls or regulatory charges arise;
• the booking is lawfully amended;
• or another adjustment is permitted under these Terms.

The release of unused pre-authorised funds is controlled by the Customer’s financial institution, and BAJ is not responsible for delays caused by banking systems beyond its reasonable control.

8.5 Automatic Charges

Where a Customer has nominated a payment method for automatic billing, the Customer authorises BAJ to charge that payment method for all amounts properly payable under these Terms.

Automatic charges may include:

• completed bookings;
• cancellation fees;
• waiting time;
• additional authorised charges;
• cleaning fees;
• damage charges determined in accordance with these Terms;
• subscription fees;
• or other lawful amounts properly payable.

BAJ will take reasonable steps to provide transaction records through the Platform or by electronic receipt.

8.6 Failed Payments

If a payment cannot be successfully processed, BAJ may:

• notify the Customer;
• request an alternative payment method;
• temporarily suspend booking privileges;
• recover outstanding amounts through lawful collection procedures;
• offset available account credits where permitted;
• or take any other reasonable action necessary to recover amounts properly owing.

Customers remain responsible for any fees imposed by their financial institution arising from unsuccessful payment attempts.

8.7 Cash Payments

Where cash payments are permitted, Customers must pay the correct amount upon completion of the service unless another arrangement has been confirmed through the Platform.

Service Providers are not obliged to carry change beyond what is reasonably expected for ordinary commercial transactions.

Cash payment availability may be restricted for particular services, locations or Customer accounts.

8.8 Corporate Accounts

Payments for Corporate Accounts may be governed by separate commercial arrangements between BAJ and the relevant organisation.

Where a corporate account is responsible for payment, authorised users acting within their delegated authority may make bookings on behalf of the organisation.

If a corporate payment arrangement ceases to apply before the service is performed, BAJ may require another approved payment method before confirming or completing the booking.

8.9 Refunds

Refunds will be processed where required by:

• these Terms;
• the applicable cancellation policy;
• statutory consumer rights;
• a booking amendment;
• a pricing error;
• duplicate payment;
• unsuccessful payment processing;
• or another lawful entitlement.

Refunds will ordinarily be made using the original payment method unless another method is required by law or agreed between BAJ and the Customer.

Refund processing times may depend upon banking systems and payment providers. BAJ is not responsible for delays occurring after funds have been transmitted to the relevant financial institution.

8.10 Chargebacks and Payment Disputes

Customers who believe a payment has been processed incorrectly should contact BAJ promptly to allow the matter to be investigated.

Where a Customer initiates a chargeback or payment reversal, BAJ may temporarily suspend access to the Platform while the dispute is being investigated.

Nothing in this clause limits the Customer’s legal right to dispute unauthorised or incorrect payment transactions under applicable banking rules or consumer protection legislation.

Where a chargeback is found to be fraudulent or without reasonable basis, BAJ reserves the right to recover any unpaid amounts together with any reasonable administrative costs permitted by law.

8.11 Fraud Prevention

BAJ is committed to maintaining a secure payment environment.

To protect Customers and Service Providers, BAJ may use fraud detection systems, identity verification procedures, transaction monitoring, behavioural analytics and other reasonable security measures designed to detect and prevent fraudulent or unauthorised payment activity.

Where BAJ reasonably suspects payment fraud, money laundering, identity theft or other unlawful conduct, BAJ may delay, decline or reverse a transaction where permitted by law, suspend the relevant account, request additional verification or report the matter to the appropriate authorities.

8.12 Taxes

Customers are responsible for paying all taxes, duties and governmental charges applicable to their booking unless applicable law requires another party to collect or pay those amounts.

Where BAJ is legally required to collect taxes on behalf of a governmental authority, those amounts will ordinarily be identified during the booking process or within the Customer’s receipt.

8.13 Payment Records

BAJ may retain payment records, invoices, receipts, tax documentation and related transaction information for accounting, audit, regulatory compliance, fraud prevention and legal purposes in accordance with applicable law and the BAJ Privacy Policy.

Electronic transaction records maintained in the ordinary course of business may be relied upon as evidence of payment unless proven to be inaccurate.

8.14 Future Payment Technologies

As payment technology continues to evolve, BAJ may introduce additional payment solutions including biometric authentication, account-to-account payments, digital identity payments, central bank digital currencies, blockchain-supported settlement systems, artificial intelligence fraud detection or other lawful payment technologies.

The introduction of new payment methods will not affect the Customer’s existing rights or obligations unless expressly communicated before those methods are used.

CHAPTER 9

BOOKING AMENDMENTS, CANCELLATIONS, NO-SHOWS AND REFUNDS

9.1 General Principles

BAJ recognises that travel plans may change after a booking has been confirmed. This Chapter establishes the rights and obligations of Customers, Service Providers and BAJ where a booking is amended, cancelled, delayed, abandoned or otherwise cannot proceed as originally arranged.

The cancellation rights applicable to a particular booking may differ depending upon the type of service purchased, the notice provided before commencement, the operational commitments already undertaken by the Service Provider, the booking conditions published for that service and any mandatory rights provided by applicable law.

Nothing in this Chapter limits any rights that cannot lawfully be excluded under the Consumer Guarantees Act 1993, the Fair Trading Act 1986 or any other applicable legislation.

9.2 Customer Requested Amendments

A Customer may request changes to a confirmed booking through the BAJ Platform or any other method authorised by BAJ.

Requested amendments may include, without limitation:

• pickup location;
• destination;
• pickup time;
• passenger numbers;
• luggage requirements;
• accessibility requirements;
• child restraint requirements;
• vehicle preference;
• itinerary changes;
• additional stops; or
• any other operational change reasonably capable of being accommodated.

An amendment request does not automatically become effective. A requested amendment is subject to operational feasibility and, where applicable, acceptance by the relevant Service Provider.

Where an amendment materially changes the nature of the booking, the fare, estimated duration or applicable charges may be recalculated before the amendment is confirmed. If the Customer does not accept the revised terms, the original booking will ordinarily remain in effect unless otherwise agreed.

9.3 Customer Cancellations

Customers may cancel a confirmed booking using the cancellation functionality provided through the BAJ Platform or by contacting BAJ Customer Support where cancellation through the Platform is not reasonably available.

Whether a cancellation fee applies depends upon factors including:

• the category of service;
• the amount of notice provided;
• the stage of booking performance;
• costs already incurred by the Service Provider;
• supplier cancellation conditions;
• and applicable law.

Any applicable cancellation charges will ordinarily be disclosed before the cancellation is finalised where reasonably practicable.

9.4 Service Provider Cancellations

A Service Provider may cancel a confirmed booking only where there is a legitimate operational, legal, safety or other reasonable basis for doing so.

Examples include:

• vehicle breakdown;
• illness;
• emergency circumstances;
• unsafe weather conditions;
• road closures;
• regulatory restrictions;
• passenger safety concerns;
• customer misconduct;
• or other circumstances making the booking impracticable or unsafe.

Where reasonably practicable, BAJ will attempt to arrange an alternative Service Provider. If a suitable replacement cannot be secured, the Customer will ordinarily be entitled to a refund of amounts paid for services not supplied, together with any additional remedies required by applicable law.

9.5 BAJ Cancellations

BAJ may cancel or decline to proceed with a booking where reasonably necessary to protect:

• passenger safety;
• public safety;
• regulatory compliance;
• payment security;
• Platform integrity;
• fraud prevention;
• or the lawful operation of the BAJ Platform.

Where BAJ cancels a booking before the service commences, any refund entitlement will be determined in accordance with these Terms and applicable law.

9.6 No-Shows

A Customer is considered a no-show where, after the expiry of any applicable waiting period communicated through the Platform or required by law, the Customer fails to make themselves reasonably available for collection without prior cancellation or reasonable explanation.

Similarly, a Service Provider may be considered a no-show where they fail to attend the agreed pickup location within a reasonable period and no acceptable explanation is provided.

The consequences of a no-show may include cancellation of the booking, applicable waiting charges, cancellation fees, refunds or credits, depending upon the circumstances and the relevant service category.

BAJ will consider information from both parties before determining disputed no-show claims.

9.7 Waiting Time

Certain services include a specified complimentary waiting period.

Where the Customer requests or requires additional waiting time beyond the included allowance, additional charges may apply where:

• those charges were disclosed before or during the booking;
• they are consistent with the applicable pricing model; and
• they are permitted by applicable law.

Where waiting becomes unreasonable, the Service Provider may cancel the booking in accordance with this Chapter.

9.8 Delays Beyond the Customer’s Control

BAJ recognises that certain delays occur outside the Customer’s reasonable control.

Examples include:

• delayed flights;
• cancelled flights;
• delayed ferries;
• delayed trains;
• cruise ship schedule changes;
• border processing delays;
• traffic accidents;
• natural disasters;
• severe weather;
• emergency services activity;
• public authority directions;
• or similar unforeseen events.

Where such circumstances arise, BAJ and the relevant Service Provider will use reasonable endeavours to accommodate revised travel arrangements where operationally possible.

Additional charges may apply only where reasonably justified by the revised operational requirements and consistent with these Terms.

9.9 Refund Principles

Refunds are intended to restore the Customer to the position required under these Terms and applicable law.

Refund entitlement depends upon matters including:

• whether the service was performed;
• the reason for cancellation;
• supplier costs already incurred;
• statutory consumer rights;
• supplier-specific booking conditions;
• payment processing requirements;
• and any other relevant contractual circumstances.

Refunds may be provided:

• to the original payment method;
• as BAJ account credit;
• by another agreed payment method;
• or in another form required by law.

Nothing in this Chapter permits BAJ to withhold refunds where applicable legislation requires repayment.

9.10 Exceptional Circumstances

BAJ may adopt special cancellation or refund procedures where widespread extraordinary events materially affect travel.

Examples include:

• pandemics;
• earthquakes;
• volcanic eruptions;
• floods;
• acts of terrorism;
• civil emergencies;
• government travel restrictions;
• or other events significantly disrupting transport or tourism operations.

Where such circumstances arise, BAJ will seek to balance the interests of Customers, Service Providers and commercial partners while complying with applicable law and acting reasonably.

9.11 Abuse of Cancellation Rights

Customers and Service Providers must not misuse cancellation rights.

Examples of misuse include:

• repeatedly making bookings without intending to travel;
• repeated strategic cancellations designed to manipulate Ride Bidding;
• cancelling solely to avoid agreed contractual obligations;
• creating fictitious bookings;
• or engaging in any conduct intended to undermine the efficient operation of the Platform.

Where BAJ reasonably believes cancellation rights have been abused, BAJ may investigate the conduct and take appropriate action, including warnings, account restrictions, temporary suspension or permanent termination of Platform access, subject to applicable law.

9.12 Continuous Improvement

BAJ may improve its cancellation procedures from time to time to enhance fairness, operational efficiency and customer experience.

Operational improvements that do not materially reduce Customer rights may be implemented without requiring a complete revision of these Terms, provided Customers are informed of any material changes in accordance with the variation provisions contained elsewhere in this Agreement.

CHAPTER 10

PASSENGER RESPONSIBILITIES, CONDUCT AND SAFETY

10.1 Shared Responsibility for Safe Travel

BAJ is committed to providing a platform that promotes safe, respectful and reliable transport and tourism services. Achieving this objective requires cooperation between Customers, Service Providers and BAJ. Every participant using the BAJ Platform is expected to act lawfully, honestly and with reasonable consideration for the safety, comfort, dignity and property of others.

Customers acknowledge that the successful performance of a booking depends not only upon the actions of the Service Provider but also upon their own conduct before, during and after the service.

10.2 Compliance with Laws

Customers must comply with all applicable laws, regulations and lawful directions relevant to the service being provided.

Without limitation, Customers must not require or encourage a Service Provider to:

• exceed lawful speed limits;
• ignore road rules;
• exceed vehicle passenger limits;
• transport prohibited goods;
• violate transport licensing requirements;
• engage in unsafe driving practices;
• or otherwise act unlawfully.

A Service Provider may refuse any request that would require unlawful or unsafe conduct.

10.3 Respectful Behaviour

Customers are expected to treat Drivers, Tour Guides, Fleet Operators, BAJ representatives and other passengers with courtesy and respect.

Customers must not engage in behaviour that is abusive, threatening, discriminatory, intimidating or harassing.

Prohibited conduct includes, without limitation:

• physical violence;
• verbal abuse;
• sexual harassment;
• discrimination on the basis of race, ethnicity, nationality, religion, disability, gender, age or any other protected characteristic;
• intimidation;
• stalking;
• deliberate property damage;
• or any conduct that creates an unsafe environment.

BAJ maintains a zero-tolerance approach to violence, serious harassment and unlawful discrimination.

10.4 Accurate Booking Information

Customers must provide accurate information necessary for the safe performance of the booking.

Where specialised requirements exist, including wheelchair access, child restraints, oversized luggage, pets, medical equipment or similar requirements, Customers should disclose those requirements during the booking process wherever reasonably practicable.

Failure to disclose material information may affect vehicle allocation, pricing or the ability to perform the requested service safely.

10.5 Passenger Readiness

Customers should be ready for collection at the agreed pickup location at or before the confirmed pickup time.

Customers should remain reasonably contactable where the booking process requires communication regarding arrival, pickup location or operational updates.

Repeated failure to attend bookings may result in cancellation fees, account restrictions or other action permitted under these Terms.

10.6 Vehicle Care

Customers are expected to exercise reasonable care when using vehicles supplied through the BAJ Platform.

Customers must not intentionally or recklessly:

• damage vehicles;
• interfere with vehicle equipment;
• litter excessively;
• smoke where prohibited;
• consume prohibited substances;
• or otherwise leave the vehicle in an unreasonable condition.

Where a Customer causes damage beyond ordinary wear and tear, the Customer may be responsible for the reasonable cost of repair, cleaning or replacement, provided those costs are properly supported and permitted by applicable law.

BAJ may require supporting evidence, including photographs, invoices or repair estimates, before recovering such costs.

10.7 Alcohol, Drugs and Intoxication

Customers must not possess or consume unlawful drugs during the provision of a service.

Where a Customer’s level of intoxication creates a genuine and reasonable safety risk, the Service Provider may decline or terminate the service, provided this can be done safely and lawfully.

Nothing in this clause prevents a Customer from arranging lawful transport because they have responsibly consumed alcohol. Indeed, BAJ encourages the use of safe transport alternatives rather than driving while impaired.

10.8 Dangerous Items

Customers must not transport items that are unlawful, dangerous or reasonably capable of causing injury or significant property damage unless the Service Provider has expressly agreed and applicable law permits.

Examples include:

• explosives;
• hazardous chemicals;
• illegal drugs;
• unlawfully possessed weapons;
• flammable materials;
• stolen property;
• or any item prohibited by law.

Where a Service Provider reasonably believes that an item presents an immediate safety risk, they may refuse transport and notify the appropriate authorities where required by law.

10.9 Children and Vulnerable Passengers

Where children or vulnerable passengers are travelling, the Customer responsible for the booking must ensure that all legal requirements relating to supervision, child restraints and passenger safety are satisfied.

Unless expressly agreed otherwise or required by law, Service Providers are not responsible for supervising unaccompanied minors beyond the ordinary duties associated with safely providing the booked transport or tourism service.

Where specialised assistance is required, Customers should notify BAJ during the booking process so reasonable arrangements may be considered.

10.10 Service Animals and Pets

BAJ recognises the important role of certified assistance animals.

Service Providers must comply with applicable legislation relating to recognised assistance animals unless a lawful exception applies.

Transport of household pets or other animals may depend upon the selected service, vehicle suitability and prior agreement with the relevant Service Provider.

Customers are responsible for ensuring that animals are appropriately restrained and do not create unreasonable safety or hygiene risks.

10.11 Lost Property

Customers remain responsible for their personal belongings throughout the service.

If property is left behind, BAJ may assist in facilitating communication between the Customer and the relevant Service Provider. However, BAJ does not guarantee the recovery of lost property.

Where property is recovered, reasonable handling, storage or delivery charges may apply if clearly communicated to the Customer before such services are provided.

Service Providers are expected to deal with found property honestly and in accordance with applicable law.

10.12 Safety During the Journey

Customers should follow reasonable safety instructions provided by the Service Provider, including directions relating to:

• the use of seat belts;
• safe boarding and exiting;
• loading of luggage;
• emergency procedures;
• and other lawful safety requirements.

Customers must not distract the driver in a manner that creates an unreasonable risk to road safety.

10.13 Emergencies

Where an emergency arises during a journey, the Service Provider may take any reasonable action necessary to protect passengers, themselves, members of the public and property.

Such action may include altering the route, stopping the vehicle, contacting emergency services or terminating the journey where continuation would present a significant safety risk.

BAJ encourages all participants to report serious safety incidents through the Platform as soon as reasonably practicable after the event.

10.14 Breach of this Chapter

Where a Customer materially breaches the standards of conduct established in this Chapter, BAJ or the relevant Service Provider may take proportionate action, including:

• issuing a warning;
• refusing to commence a booking;
• terminating an ongoing service where this can be done safely;
• recovering reasonable costs where permitted by law;
• temporarily suspending Platform access;
• permanently terminating an account for serious or repeated misconduct; or
• reporting unlawful conduct to the appropriate authorities.

Before taking permanent action, BAJ will ordinarily consider the seriousness of the conduct, available evidence, any explanation provided by the Customer and the need to protect other Platform users.

10.15 Commitment to Respect and Inclusion

BAJ is committed to providing a platform that is welcoming, accessible and inclusive.

Customers, Service Providers and BAJ representatives are expected to contribute to an environment in which every person is treated fairly, respectfully and without unlawful discrimination.

Nothing in this Chapter limits any rights or obligations arising under the Human Rights Act 1993, the Health and Safety at Work Act 2015, the Land Transport Act 1998, or any other applicable legislation. These Terms are intended to complement, and not replace, those statutory protections.

CHAPTER 11

AIRPORT, SEAPORT AND TRANSPORT TERMINAL TRANSFERS

11.1 Scope of this Chapter

This Chapter applies to all transfer services arranged through the BAJ Platform involving airports, seaports, cruise terminals, railway stations, bus terminals or any other passenger transport hub. It supplements the general provisions of this Agreement and, where applicable, any service-specific conditions relating to the relevant transfer.

Transfer services may be provided as private transfers, shared transfers, Ride Bidding services, metered taxi journeys, fixed-fare transport, chauffeur services or any other transport category made available through the BAJ Platform.

11.2 Booking Information

To enable the efficient operation of transfer services, Customers should provide complete and accurate booking information at the time of reservation.

Depending upon the nature of the booking, this information may include:

• airline name;
• flight number;
• scheduled arrival or departure time;
• cruise line and voyage number;
• train or bus service details;
• pickup terminal;
• accommodation details;
• destination address;
• passenger numbers;
• luggage requirements;
• mobility or accessibility requirements;
• child restraint requirements; and
• any other information reasonably necessary to perform the service.

BAJ and the relevant Service Provider are entitled to rely on the information supplied by the Customer unless subsequently amended through the Platform.

11.3 Flight and Transport Monitoring

Where a booking includes valid flight, cruise, rail or other transport reference information, BAJ or the relevant Service Provider may monitor publicly available schedule information for operational purposes.

Monitoring may include:

• arrival delays;
• early arrivals;
• gate or terminal changes;
• cancellations;
• diversions;
• schedule amendments; and
• other operational updates affecting the booked transfer.

Monitoring is provided as a convenience to assist service delivery. Customers remain responsible for providing accurate booking information and notifying BAJ of any material changes known to them that may not be reflected in publicly available information.

11.4 Delayed Arrivals

BAJ recognises that transport delays frequently occur for reasons beyond the Customer’s control.

Where a delay arises from circumstances such as:

• delayed flights;
• immigration processing;
• customs inspections;
• baggage delays;
• quarantine procedures;
• cruise disembarkation delays;
• transport security requirements;
• or other operational delays,

BAJ and the relevant Service Provider will use reasonable endeavours to adjust the pickup where operationally feasible.

The ability to accommodate delayed arrivals depends upon vehicle availability, subsequent bookings, applicable regulations and operational capacity.

11.5 Customer Responsibilities Upon Arrival

Following arrival, Customers should make reasonable efforts to proceed to the agreed meeting point as soon as practicable after completing applicable arrival formalities.

Where communication facilities are available, Customers should notify the Service Provider or BAJ promptly if significant delays occur after arrival.

Failure to maintain reasonable communication may affect the availability of the booked transfer.

11.6 Waiting Time

Airport, seaport and terminal transfers may include a complimentary waiting period determined by BAJ or the relevant Service Provider and disclosed during the booking process.

Where waiting exceeds the included allowance, additional waiting charges may apply if:

• the charges were disclosed before or during booking;
• they are consistent with the applicable pricing model; and
• they are permitted by applicable law.

Where prolonged waiting prevents the Service Provider from fulfilling subsequent bookings or creates unreasonable operational disruption, the Service Provider may conclude the waiting period and treat the booking as a no-show in accordance with Chapter 9 of this Agreement.

11.7 Meeting Points

Pickup locations at transport terminals may vary depending on airport or terminal rules, security requirements, commercial operating permits and local authority directions.

Customers should follow the meeting instructions provided in their booking confirmation or through the BAJ Platform.

Where operational circumstances require a change to the meeting location, BAJ or the Service Provider will use reasonable efforts to communicate updated instructions before the scheduled pickup wherever practicable.

11.8 Additional Charges

Certain terminal-related charges may apply where authorised by law or by the relevant transport authority.

These may include:

• airport access fees;
• terminal entry charges;
• parking fees incurred while waiting;
• tolls;
• commercial vehicle permit fees;
• congestion charges;
• or other charges properly disclosed before or during the booking.

BAJ will use reasonable endeavours to ensure such charges are transparent and accurately reflected in the final fare where applicable.

11.9 Missed Connections

Where a Customer misses a flight, cruise, train or other scheduled transport connection before the booked transfer commences, the Customer should notify BAJ as soon as reasonably practicable.

BAJ will use reasonable endeavours to assist with revised travel arrangements where operationally possible. However, the availability of replacement services cannot be guaranteed and may involve additional charges depending on the circumstances and the applicable cancellation provisions.

11.10 International Travellers

BAJ welcomes international visitors using the Platform.

International Customers acknowledge that travel may involve additional border, customs, immigration, quarantine or security procedures beyond BAJ’s control.

Customers are responsible for ensuring that they possess valid passports, visas, travel documentation and any other legal requirements necessary to enter or travel within the relevant jurisdiction.

BAJ is not responsible for losses arising solely because a Customer is refused entry, denied boarding or otherwise prevented from travelling due to deficiencies in their personal travel documentation.

11.11 Force Majeure Affecting Transfers

Airport and terminal operations may occasionally be disrupted by events beyond the reasonable control of BAJ or the relevant Service Provider.

Such events may include:

• severe weather;
• volcanic ash;
• earthquakes;
• flooding;
• industrial action;
• air traffic control restrictions;
• emergency security incidents;
• government directions;
• public health emergencies; or
• other extraordinary circumstances.

Where such events occur, BAJ and the relevant Service Provider will use reasonable endeavours to minimise disruption and provide alternative arrangements where reasonably practicable. Any refund or cancellation rights will be determined in accordance with Chapter 9 of this Agreement and applicable law.

11.12 Safe Completion of Transfers

A transfer service is considered complete when the Customer has been safely delivered to the agreed destination or another location reasonably agreed during the journey.

Nothing in this Chapter limits the Service Provider’s right to refuse unsafe instructions, unlawful requests or directions that would require a breach of applicable road transport legislation or compromise the safety of any person.

The provisions of this Chapter operate alongside all other rights and obligations contained in this Agreement, including the Customer’s statutory rights under New Zealand law.

CHAPTER 12

LONG-DISTANCE AND INTERCITY TRANSPORT SERVICES

12.1 Scope of this Chapter

This Chapter applies to all long-distance, intercity and extended transport services booked through the BAJ Platform. These services may include one-way journeys, return travel, multi-stop itineraries, private transfers, corporate transport, tourism-related transport, customised travel arrangements and any other transport service extending beyond ordinary local passenger transport.

This Chapter supplements the general provisions of this Agreement and prevails where a specific provision relates exclusively to long-distance transport.

12.2 Nature of Long-Distance Services

Long-distance transport differs from ordinary urban transport because journeys may involve significant travel distances, extended driving periods, regional road networks, varying weather conditions, scheduled rest breaks, ferry crossings, accommodation stopovers, or other operational requirements.

Customers acknowledge that the planning and delivery of long-distance services require greater operational flexibility than short-distance transport.

12.3 Booking Information

To assist BAJ and the relevant Service Provider in safely performing a long-distance journey, Customers should provide all information reasonably necessary for the booking.

This may include:

• pickup and destination locations;
• preferred departure times;
• passenger numbers;
• luggage requirements;
• accessibility requirements;
• planned intermediate stops;
• accommodation details where relevant;
• ferry or transport connections;
• return travel requirements;
• emergency contact details where appropriate; and
• any other information reasonably necessary to perform the booking.

Customers are responsible for promptly notifying BAJ if any material booking information changes before departure.

12.4 Journey Planning

The Service Provider may determine the most appropriate route after considering:

• road conditions;
• traffic;
• weather;
• public safety;
• road closures;
• legal driving requirements;
• ferry schedules;
• customer preferences where reasonably practicable; and
• operational efficiency.

Where several safe and reasonable routes exist, the Service Provider will use reasonable efforts to accommodate the Customer’s preferred route unless doing so would create unreasonable delay, additional cost or safety concerns.

12.5 Scheduled Stops

Long-distance journeys may include scheduled rest breaks where reasonably necessary.

Stops may be required for:

• driver fatigue management;
• fuel;
• refreshments;
• restroom facilities;
• vehicle inspections;
• passenger wellbeing;
• emergency requirements; or
• compliance with applicable transport legislation.

Reasonable rest breaks are considered part of the transport service and do not constitute a failure to complete the booking.

12.6 Customer Requested Stops

Customers may request additional stops during a journey.

Where additional stops materially increase travel distance, journey duration or operational costs, additional charges may apply if:

• the Customer agrees to the variation;
• the pricing adjustment is consistent with these Terms; and
• applicable law permits the adjustment.

The Service Provider may decline a requested stop where it would be unsafe, unlawful or operationally impracticable.

12.7 Weather and Road Conditions

Long-distance journeys may be affected by circumstances beyond the reasonable control of BAJ or the Service Provider.

Examples include:

• snow;
• ice;
• flooding;
• earthquakes;
• landslides;
• high winds;
• road closures;
• traffic accidents;
• emergency services activity;
• or public authority directions.

Where such circumstances arise, BAJ and the Service Provider may alter the route, delay departure, suspend travel temporarily or terminate the journey where reasonably necessary to protect safety.

Passenger safety takes priority over adherence to planned schedules.

12.8 Ferry and Transport Connections

Where a journey involves ferry crossings or other connecting transport services, BAJ and the Service Provider will use reasonable endeavours to coordinate travel with published schedules.

Customers acknowledge that ferry operators, public transport providers and other third parties operate independently of BAJ.

BAJ does not guarantee the availability of connecting services and is not responsible for delays or cancellations caused solely by those third-party operators.

Where operationally possible, BAJ will assist Customers in arranging alternative transport following significant disruption.

12.9 Shared Long-Distance Services

Where a Customer books a shared transport service, BAJ may allocate additional passengers travelling in the same general direction.

Customers acknowledge that shared services may involve:

• multiple pickup locations;
• multiple drop-off locations;
• reasonable detours;
• scheduled waiting periods;
• or minor adjustments to estimated arrival times.

BAJ will use reasonable endeavours to ensure that such adjustments remain proportionate and consistent with the nature of a shared transport service.

12.10 Customer Comfort and Safety

During extended journeys, Customers should:

• wear seat belts where required by law;
• follow reasonable safety instructions;
• treat the Service Provider respectfully;
• avoid conduct that distracts the driver;
• and cooperate with reasonable operational requests made during the journey.

Customers who become unwell should notify the Service Provider as soon as reasonably practicable so that appropriate assistance may be considered.

12.11 Vehicle Substitution

Where operational circumstances require, BAJ or the Service Provider may substitute another suitable vehicle before departure.

Any substitute vehicle should provide a substantially comparable level of safety, seating capacity and functionality appropriate for the confirmed booking.

Where a proposed substitution would materially reduce the agreed service standard, BAJ will notify the Customer as soon as reasonably practicable and provide appropriate options in accordance with these Terms and applicable law.

12.12 Completion of the Journey

A long-distance transport service is completed when the Customer has been safely delivered to the agreed destination or another destination subsequently agreed during the journey.

Completion of the journey does not affect any continuing obligations relating to payment, complaints, lost property or statutory rights arising after the service has ended.

12.13 Exceptional Circumstances

Where extraordinary events prevent completion of a long-distance booking, BAJ and the relevant Service Provider will use reasonable endeavours to minimise disruption and identify practical alternatives.

Possible alternatives may include:

• delayed departure;
• revised routing;
• replacement vehicles;
• partial completion of the journey;
• rescheduling;
• or cancellation with any applicable refund determined under Chapter 9 and applicable law.

Nothing in this Chapter requires BAJ or a Service Provider to continue a journey where doing so would expose any person to an unreasonable risk to health or safety.

12.14 Commitment to Reliable Regional Transport

BAJ is committed to improving access to reliable regional and intercity transport throughout New Zealand and, where offered, other jurisdictions.

Long-distance services are intended to provide Customers with a safe, dependable and professionally managed travel experience while recognising that extended journeys require flexibility, cooperation and sound operational judgment.

This Chapter should be interpreted consistently with the safety objectives, consumer protections and contractual principles established throughout this Agreement.

CHAPTER 13

TOURISM SERVICES, EXPERIENCES AND TRAVEL PRODUCTS

13.1 Scope of this Chapter

This Chapter governs all tourism-related services made available through the BAJ Platform, including sightseeing experiences, guided tours, private tours, shared tours, multi-day itineraries, attractions, tourism transport, activity bookings, holiday packages and any other travel products offered through the Platform.

This Chapter supplements the general provisions of this Agreement. Where a tourism service is subject to additional supplier-specific conditions, those conditions apply only to the extent that they do not reduce any rights available to Customers under applicable law.

13.2 Nature of Tourism Services

Tourism services differ from ordinary passenger transport because they frequently involve multiple suppliers, scheduled itineraries, accommodation providers, attraction operators, guides, transport providers and local businesses working together to deliver a single travel experience.

Accordingly, a tourism booking may consist of several independent service components, each supplied by different parties.

The booking confirmation and any accompanying travel documentation will ordinarily identify the principal supplier responsible for each component where reasonably practicable.

13.3 Booking Requests

Customers are responsible for reviewing the description of each tourism product before confirming a booking.

Tour descriptions are intended to provide an accurate summary of the experience, including:

• inclusions;
• exclusions;
• duration;
• departure locations;
• return arrangements;
• physical activity requirements;
• accessibility information where available;
• age restrictions;
• minimum participant requirements;
• and any other material information reasonably necessary for the Customer to make an informed decision.

Customers should ensure that the selected product is suitable for their individual circumstances before completing the booking.

13.4 Customer Responsibilities

Customers participating in tourism services agree to:

• arrive at the nominated departure location at the required reporting time;
• comply with reasonable safety instructions;
• disclose relevant medical or accessibility requirements where appropriate;
• possess all documentation required for travel;
• wear suitable clothing and equipment appropriate for the activity;
• comply with applicable laws;
• and conduct themselves respectfully toward guides, operators, fellow travellers and local communities.

Customers remain responsible for assessing whether they are physically capable of participating in the selected activity.

13.5 Itinerary Changes

Tourism itineraries may require modification due to circumstances beyond the reasonable control of BAJ or the relevant supplier.

Such circumstances may include:

• weather;
• sea conditions;
• conservation requirements;
• wildlife protection measures;
• road closures;
• natural disasters;
• public authority directions;
• attraction closures;
• supplier availability;
• or other operational circumstances.

Where reasonably practicable, BAJ or the relevant supplier may:

• alter departure times;
• substitute comparable attractions;
• revise routes;
• modify activity order;
• replace vehicles or vessels;
• substitute accommodation of a comparable standard;
• or make other reasonable operational adjustments,

provided the overall value and nature of the booked experience are not materially diminished unless the change is necessary to protect health, safety or comply with legal requirements.

13.6 Accommodation

Where accommodation forms part of a tourism package, accommodation services are supplied subject to the terms and operational requirements of the accommodation provider.

Room types, check-in times, check-out times, occupancy limits and accommodation facilities remain subject to supplier availability unless expressly guaranteed.

Special requests, including adjoining rooms, bedding preferences or accessibility requests, will be communicated to the supplier but cannot be guaranteed unless expressly confirmed.

13.7 Meals and Optional Services

Where meals, admissions or optional activities are included, the booking description will ordinarily identify those inclusions.

Items not specifically identified as included remain the responsibility of the Customer.

Optional upgrades, premium experiences, additional excursions, travel insurance, souvenirs, gratuities and personal expenses are generally excluded unless expressly stated otherwise.

13.8 Adventure Activities

Certain tourism products involve inherent risks that cannot be completely eliminated despite the exercise of reasonable care.

Where Customers choose to participate in adventure or higher-risk activities, they acknowledge the importance of following all lawful safety instructions issued by qualified personnel.

Nothing in this Agreement excludes any liability that cannot lawfully be excluded under applicable legislation.

Where required by law or by the activity operator, Customers may also be required to complete additional participation documentation before commencing the activity.

13.9 Supplier Performance

Independent tourism suppliers remain responsible for the services they undertake to provide.

Where BAJ acts solely as the booking platform or intermediary, BAJ is responsible for operating the Platform and associated booking services, while the supplier remains responsible for performing the underlying tourism service.

Where BAJ expressly identifies itself as the organiser or supplier of a tourism product, BAJ assumes responsibility for that role in accordance with this Agreement and applicable law.

13.10 Travel Documentation

Customers are responsible for ensuring they possess:

• valid passports;
• visas;
• travel permits;
• identification documents;
• vaccination requirements where applicable;
• and any documentation legally required to participate in the booked service.

BAJ is not responsible for losses arising solely because a Customer fails to obtain or carry the documentation required by law.

13.11 Force Majeure

Tourism operations may be affected by extraordinary events beyond the reasonable control of BAJ or the relevant supplier.

These may include:

• severe weather;
• earthquakes;
• volcanic activity;
• flooding;
• public health emergencies;
• government travel restrictions;
• industrial action;
• transport disruption;
• or other significant events.

Where such circumstances arise, BAJ and the relevant supplier will use reasonable endeavours to minimise disruption, identify reasonable alternatives and deal with cancellations or refunds in accordance with Chapter 9 and applicable law.

13.12 Sustainable Tourism

BAJ encourages responsible tourism that respects local communities, indigenous culture, environmental protection and conservation.

Customers are expected to comply with lawful instructions intended to protect natural environments, cultural heritage, wildlife and public facilities throughout the duration of the tourism service.

13.13 Completion of Tourism Services

A tourism booking is considered complete when the services identified in the booking confirmation have been substantially performed, subject to any reasonable operational adjustments permitted under this Agreement.

Completion does not affect any continuing obligations relating to payment, complaints, warranties, consumer rights or post-travel assistance.

13.14 Continuous Development

BAJ may continue to expand its tourism marketplace by introducing new categories of travel products, accommodation services, guided experiences, transport combinations, event packages, artificial intelligence travel planning tools and other lawful tourism services.

Unless expressly stated otherwise, newly introduced tourism services will become subject to this Agreement together with any supplementary service-specific conditions published before those services are offered.

CHAPTER 14

LIABILITY, CONSUMER RIGHTS AND LIMITATION OF LIABILITY

14.1 Guiding Principles

BAJ is committed to delivering reliable, safe and professionally managed services through its Platform. While BAJ seeks to minimise disruption and resolve issues promptly, Customers acknowledge that transport, tourism and digital marketplace services may occasionally be affected by circumstances beyond BAJ’s reasonable control.

This Chapter allocates responsibility fairly between BAJ, Customers and Service Providers, while preserving all rights and remedies that cannot lawfully be excluded or restricted under applicable legislation.

Nothing in this Agreement excludes, restricts or modifies any guarantee, warranty, right or remedy that cannot lawfully be excluded under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, the Contract and Commercial Law Act 2017 or any other applicable law.

14.2 BAJ’s Responsibilities

BAJ is responsible for exercising reasonable care and skill in operating the BAJ Platform and in performing those services that BAJ expressly undertakes to provide.

These responsibilities include, where applicable:

• maintaining the Platform with reasonable care;
• facilitating bookings and communications;
• processing payments where BAJ acts as the payment facilitator;
• providing customer support;
• protecting personal information in accordance with applicable privacy legislation;
• and complying with legal obligations applicable to BAJ in its capacity as the Platform operator or supplier.

Where BAJ is expressly identified as the organiser or supplier of a particular service, BAJ also assumes the contractual responsibilities associated with that role.

14.3 Independent Service Providers

Where a transport, tourism or other service is supplied by an independent Driver, Driver Operator, Fleet Operator, Tour Operator or other Service Provider, that provider remains responsible for the performance of the underlying service they have agreed to supply.

Nothing in this Agreement should be interpreted as relieving an independent Service Provider of legal obligations imposed upon them by applicable law.

BAJ’s operation of the Platform does not automatically make BAJ responsible for every act or omission of an independent Service Provider. However, where BAJ has assumed responsibility by law or by the express terms of this Agreement, BAJ will meet those obligations.

14.4 Customer Responsibilities

Customers are responsible for complying with this Agreement, providing accurate booking information, acting lawfully, following reasonable safety instructions and taking reasonable care of their own property.

Where a Customer’s own act or omission materially contributes to a loss, any liability may be reduced to the extent permitted by applicable law.

14.5 Events Beyond Reasonable Control

BAJ and Service Providers are not responsible for delays or failures caused solely by events beyond their reasonable control where they have taken reasonable steps to minimise the effects of those events.

Such events may include:

• severe weather;
• earthquakes;
• flooding;
• volcanic activity;
• pandemics;
• public health emergencies;
• government restrictions;
• industrial action by unrelated third parties;
• transport network disruption;
• telecommunications failures;
• widespread power outages;
• cyber incidents affecting external infrastructure;
• or other extraordinary events that could not reasonably have been prevented.

Where such circumstances arise, BAJ will use reasonable endeavours to provide timely information and, where appropriate, assist Customers in arranging alternative solutions.

14.6 Indirect and Consequential Loss

To the maximum extent permitted by law, BAJ is not liable for indirect, consequential, incidental or special loss arising from the use of the Platform or services provided through it.

Examples may include:

• loss of profits;
• loss of business opportunities;
• loss of goodwill;
• indirect financial loss;
• loss of anticipated savings; or
• reputational damage.

This limitation does not apply where such liability cannot lawfully be excluded.

14.7 Personal Property

Customers remain responsible for personal belongings carried during transport or tourism services.

Where property is lost, forgotten or damaged, BAJ may assist in facilitating communication with the relevant Service Provider but does not guarantee recovery.

Nothing in this clause limits liability arising from negligence or other liability that cannot lawfully be excluded.

14.8 Service Interruptions

BAJ aims to keep the Platform available at all times but does not guarantee uninterrupted or error-free operation.

Temporary interruptions may occur because of:

• maintenance;
• software updates;
• security improvements;
• telecommunications failures;
• third-party technology outages;
• or other operational requirements.

BAJ will use reasonable endeavours to minimise disruption and restore normal operation as quickly as reasonably practicable.

14.9 Third-Party Services

The BAJ Platform may integrate with payment providers, mapping services, messaging providers, identity verification services or other third-party systems.

BAJ is responsible for exercising reasonable care in selecting and integrating such services where required, but cannot guarantee the uninterrupted performance of systems operated independently by third parties.

Nothing in this clause limits any legal rights Customers may have directly against those third parties.

14.10 Duty to Mitigate Loss

Where a Customer suffers loss connected with a booking, the Customer should take reasonable steps to minimise that loss where it is safe and practical to do so.

Similarly, BAJ and Service Providers are expected to take reasonable steps to reduce avoidable loss whenever operational circumstances permit.

14.11 Statutory Consumer Rights

Customers retain all consumer rights that apply under New Zealand legislation or any other mandatory law governing the relevant booking.

Where this Agreement provides greater protection than the minimum required by law, Customers are entitled to rely upon the more favourable provision.

No provision of this Agreement is intended to mislead Customers regarding their statutory rights.

14.12 Commercial Bookings

Where services are acquired for business purposes and the Consumer Guarantees Act 1993 lawfully permits contracting out, BAJ and the relevant Customer may agree in writing that specified statutory guarantees do not apply to that commercial relationship.

Any such agreement must clearly identify the services affected and will not apply unless permitted by law.

14.13 Interpretation of this Chapter

This Chapter should be interpreted in a manner that promotes fairness, transparency and compliance with applicable law.

Where any provision of this Chapter is found to be unenforceable, that provision will be severed or read down only to the extent necessary, and the remaining provisions will continue in full force and effect.

Nothing in this Chapter limits any rights of action arising from fraud, wilful misconduct or any liability that cannot lawfully be excluded.

CHAPTER 15

COMPLAINTS, CUSTOMER SUPPORT AND DISPUTE RESOLUTION

15.1 BAJ’s Commitment to Customer Service

BAJ is committed to delivering high-quality transport, tourism and digital marketplace services while maintaining a fair, transparent and responsive approach to customer support. Despite the efforts of BAJ and its Service Providers, situations may occasionally arise where a Customer is dissatisfied with a booking, a service provided through the Platform or the conduct of another Platform participant.

BAJ encourages concerns to be raised promptly so they may be investigated while relevant information remains available. The objective of BAJ’s complaint process is to resolve issues fairly, efficiently and in good faith, while respecting the legal rights of all parties involved.

Nothing in this Chapter limits any statutory rights or remedies available to Customers under applicable law.

15.2 Customer Support

Customers may contact BAJ Customer Support using any communication channel made available through the BAJ Platform from time to time.

Support may include assistance relating to:

• bookings;
• payments;
• Ride Bidding;
• cancellations;
• refunds;
• airport transfers;
• tourism services;
• accessibility requests;
• lost property;
• account issues;
• technical difficulties;
• safety concerns;
• or other matters connected with the BAJ Platform.

While BAJ aims to respond promptly, response times may vary according to the urgency, complexity and nature of the enquiry.

15.3 Making a Complaint

Customers who wish to make a complaint should provide sufficient information to allow BAJ to investigate the matter.

Where reasonably available, Customers should include:

• booking reference number;
• date and time of the service;
• names of persons involved where known;
• description of the events;
• supporting photographs, videos or documents where available;
• and details of the outcome sought.

Failure to provide complete information will not prevent BAJ from considering a complaint, but may affect the speed or completeness of the investigation.

15.4 Investigation Process

Upon receiving a complaint, BAJ may:

• acknowledge receipt of the complaint;
• obtain relevant booking records;
• seek information from the Customer;
• request information from the relevant Service Provider;
• review Platform communications;
• examine payment records;
• consider GPS or operational data where available;
• and undertake any other reasonable enquiries necessary to determine the relevant facts.

BAJ will investigate complaints impartially and provide each affected party with a reasonable opportunity to present their account where appropriate.

15.5 Customer Cooperation

Customers are expected to cooperate reasonably with any investigation.

This may include:

• responding to reasonable requests for information;
• providing supporting documentation;
• preserving relevant evidence where reasonably possible;
• and participating honestly throughout the investigation.

Knowingly providing false or misleading information may affect the outcome of the investigation and may constitute a breach of this Agreement.

15.6 Service Provider Cooperation

Service Providers are expected to cooperate fully with BAJ investigations.

Where requested, Service Providers should provide information reasonably relevant to the complaint, including operational records, journey information, communications or other evidence necessary to establish the relevant facts.

Failure to cooperate may result in action being taken under the applicable Service Provider Agreement.

15.7 Outcomes

After completing its investigation, BAJ may determine that:

• no further action is required;
• additional information is required;
• a refund or partial refund is appropriate;
• account credits should be issued;
• compensation is appropriate where required by law or this Agreement;
• a warning should be issued;
• a booking should be corrected;
• a Service Provider requires additional training;
• disciplinary action is appropriate;
• an account should be suspended or terminated;
• the matter should be referred to another authority; or
• another reasonable outcome is appropriate.

Each complaint will be considered on its individual facts.

15.8 Serious Safety Complaints

Complaints involving passenger safety, assault, harassment, discrimination, dangerous driving, criminal conduct or significant threats to public safety will receive priority attention.

Where appropriate, BAJ may:

• temporarily suspend relevant accounts;
• preserve available evidence;
• cooperate with law enforcement;
• notify regulatory authorities where required by law;
• or take any other reasonable action necessary to protect Platform users.

Nothing in this Agreement prevents any person from contacting emergency services or law enforcement directly where immediate assistance is required.

15.9 External Dispute Resolution

BAJ encourages complaints to be resolved directly through its internal complaint process wherever reasonably possible.

Where a dispute cannot be resolved internally, Customers retain any rights they may have to seek assistance from:

• the New Zealand Disputes Tribunal;
• the New Zealand courts;
• the Commerce Commission;
• the Office of the Privacy Commissioner;
• or any other regulatory or dispute resolution body having jurisdiction.

Nothing in this Agreement requires a Customer to waive any statutory right to seek external remedies.

15.10 Good Faith Resolution

Before commencing formal legal proceedings, BAJ and the Customer agree to use reasonable efforts to resolve disputes through constructive communication.

This includes:

• exchanging relevant information;
• considering reasonable settlement proposals;
• clarifying misunderstandings;
• and attempting practical solutions where appropriate.

This clause does not prevent either party from seeking urgent legal relief where immediate action is reasonably necessary to protect legal rights, personal safety or property.

15.11 Confidentiality

Information exchanged during complaint investigations should be used solely for resolving the relevant issue, complying with legal obligations or protecting the legitimate interests of BAJ, Customers or Service Providers.

Nothing in this clause prevents disclosure where required by law, court order, regulatory authority or for the purpose of obtaining professional legal, accounting or insurance advice.

15.12 Continuous Improvement

BAJ treats complaints as an important source of operational feedback.

Subject to privacy obligations, BAJ may analyse complaint trends to improve:

• Platform functionality;
• customer service;
• Driver and Tour Operator performance;
• Ride Bidding processes;
• payment systems;
• safety procedures;
• accessibility;
• and overall customer experience.

The objective of this process is not only to resolve individual complaints but also to improve the quality, safety and reliability of the BAJ Platform for all users.

15.13 Preservation of Rights

Participation in BAJ’s complaint process does not limit, suspend or remove any legal rights or remedies available under applicable law unless the parties subsequently enter into a lawful written settlement agreement resolving the dispute.

Any settlement reached will apply only to the matters expressly covered by that agreement.

CHAPTER 16

PRIVACY, PERSONAL INFORMATION AND DATA PROTECTION

16.1 BAJ’s Commitment to Privacy

BAJ recognises that personal information is entrusted to the Platform by Customers, Service Providers and other users. Protecting that information is fundamental to maintaining confidence in the BAJ Platform and to complying with applicable privacy laws.

BAJ is committed to collecting, using, storing, disclosing and protecting personal information responsibly, transparently and lawfully. Personal information will be handled in accordance with this Agreement, the BAJ Privacy Policy and applicable legislation, including the Privacy Act 2020 (New Zealand) and any other mandatory privacy laws that apply to the relevant service.

Nothing in this Chapter limits any privacy rights that cannot lawfully be excluded.

16.2 Information Collected

Depending upon the services used, BAJ may collect information reasonably necessary for the operation of the Platform.

This may include:

• identification information;
• contact information;
• booking information;
• payment information;
• location information;
• communications exchanged through the Platform;
• account preferences;
• accessibility requirements;
• customer support records;
• technical device information;
• Platform usage information;
• fraud prevention information; and
• any other information reasonably required to provide or improve BAJ services.

BAJ will not intentionally collect personal information that is unnecessary for the lawful operation of the Platform.

16.3 Purpose of Collection

Personal information may be collected and used for purposes including:

• creating and managing customer accounts;
• processing bookings;
• facilitating transport and tourism services;
• processing payments;
• communicating with Customers and Service Providers;
• verifying identity where appropriate;
• detecting fraud;
• investigating complaints;
• improving Platform functionality;
• complying with legal obligations;
• protecting public safety;
• and developing new products and services.

BAJ will use personal information only for lawful purposes connected with the operation of the Platform or as otherwise authorised by the individual concerned or required by law.

16.4 Location Information

Certain BAJ services depend upon location information to function effectively.

Where location services are enabled, BAJ may use location information to:

• identify pickup locations;
• calculate routes;
• estimate travel times;
• allocate Service Providers;
• improve safety;
• investigate complaints;
• detect fraud;
• and improve Platform performance.

Customers may be able to control certain location permissions through their device settings. However, disabling location services may affect the availability or functionality of some Platform features.

16.5 Sharing Information

BAJ may disclose personal information where reasonably necessary to perform the booked services.

Depending upon the booking, information may be shared with:

• Drivers;
• Driver Operators;
• Fleet Operators;
• Tour Operators;
• accommodation providers;
• payment processors;
• identity verification providers;
• cloud service providers;
• customer communication providers;
• regulatory authorities;
• emergency services;
• insurers;
• professional advisers;
• or other organisations involved in providing or supporting the relevant service.

BAJ will take reasonable steps to ensure that recipients handle personal information appropriately and only for authorised purposes.

16.6 International Processing

As BAJ expands internationally, certain information may be processed or stored outside New Zealand.

Where personal information is transferred internationally, BAJ will take reasonable steps to ensure that appropriate safeguards are in place, consistent with applicable privacy legislation.

Customers acknowledge that international transfers may be necessary to provide certain services or support the operation of the BAJ Platform.

16.7 Security Measures

BAJ uses reasonable administrative, technical and organisational measures to protect personal information against unauthorised access, loss, misuse, alteration or disclosure.

Security measures may include:

• encryption;
• secure payment processing;
• access controls;
• authentication systems;
• fraud detection technologies;
• security monitoring;
• regular software updates;
• staff training; and
• other industry-appropriate safeguards.

No electronic system can guarantee absolute security. However, BAJ continually reviews and improves its security practices in response to evolving technology and emerging risks.

16.8 Customer Responsibilities

Customers also play an important role in protecting their personal information.

Customers should:

• maintain secure passwords;
• protect their devices;
• avoid sharing verification codes;
• promptly report suspected unauthorised access;
• update account information when necessary;
• and take reasonable precautions when using shared devices or public networks.

16.9 Marketing Communications

Where permitted by law, BAJ may send Customers information relating to:

• Platform updates;
• service improvements;
• promotional offers;
• loyalty programmes;
• travel opportunities;
• new products;
• or other communications relevant to BAJ services.

Customers may opt out of promotional marketing communications at any time using the methods made available by BAJ.

Operational communications relating to active bookings, safety, payments or legal obligations may continue even where promotional communications have been declined.

16.10 Access and Correction

Subject to applicable law, Customers may request access to personal information held by BAJ and may request correction of information that is inaccurate, incomplete or out of date.

BAJ will respond to such requests within the timeframes required by applicable legislation unless a lawful basis exists for refusing or limiting the request.

16.11 Data Retention

BAJ will retain personal information only for as long as reasonably necessary to:

• provide services;
• comply with legal obligations;
• resolve disputes;
• enforce contractual rights;
• prevent fraud;
• satisfy regulatory requirements;
• or fulfil other legitimate business purposes.

When information is no longer required, BAJ will take reasonable steps to securely delete, anonymise or otherwise dispose of that information in accordance with applicable law.

16.12 Privacy Incidents

If BAJ becomes aware of a privacy incident that is likely to cause serious harm and applicable law requires notification, BAJ will respond in accordance with its legal obligations.

Where required, BAJ will notify affected individuals and the relevant regulatory authority as soon as reasonably practicable.

BAJ will also take reasonable steps to investigate the incident, minimise harm and strengthen its security controls where appropriate.

16.13 Artificial Intelligence and Automated Processing

BAJ may use artificial intelligence, machine learning or other automated technologies to support Platform operations.

Such technologies may assist with:

• booking allocation;
• fraud detection;
• customer support;
• pricing assistance;
• route optimisation;
• service recommendations;
• translation;
• quality assurance;
• and operational analytics.

Where automated processing materially affects Customers, BAJ will use reasonable efforts to ensure appropriate human oversight where required by applicable law.

16.14 Relationship with the Privacy Policy

This Chapter establishes the contractual principles governing privacy within the BAJ Platform.

The BAJ Privacy Policy provides more detailed operational information regarding the categories of information collected, methods of collection, retention periods, international disclosures, cookies, analytics technologies, data subject rights and contact details for privacy enquiries.

Where an inconsistency exists between this Agreement and the Privacy Policy regarding contractual obligations, this Agreement prevails unless applicable law requires otherwise.

16.15 Continuous Improvement

BAJ continually reviews its privacy practices in response to technological developments, evolving legal requirements, cybersecurity risks and customer expectations.

Privacy protections will be updated as necessary to maintain a high standard of information governance while supporting the ongoing development of the BAJ Platform and its services.

CHAPTER 17

INTELLECTUAL PROPERTY, PLATFORM CONTENT AND PERMITTED USE

17.1 Ownership of Intellectual Property

The BAJ Platform, including its software, applications, website, branding, logos, trade marks, business names, user interface, databases, graphics, designs, layouts, source code, object code, algorithms, documentation, text, photographs, audio, video, artificial intelligence systems and all other proprietary materials remain the exclusive property of BAJ or its licensors unless expressly stated otherwise.

Nothing in this Agreement transfers ownership of any intellectual property rights to a Customer.

Customers receive only the limited rights expressly granted under this Agreement.

17.2 Licence to Use the Platform

Subject to compliance with this Agreement, BAJ grants Customers a limited, non-exclusive, non-transferable, revocable licence to access and use the BAJ Platform solely for lawful personal or authorised business purposes connected with the services made available through the Platform.

This licence does not create any ownership interest in the Platform or any part of it.

The licence automatically terminates if a Customer’s account is suspended, terminated or this Agreement otherwise comes to an end.

17.3 BAJ Trade Marks and Branding

The names “BAJ”, BAJ logos, branding elements, trade marks, service marks, slogans, icons and other brand identifiers are valuable intellectual property belonging to BAJ or used by BAJ under lawful licence.

Customers must not copy, reproduce, modify, distribute, register, imitate or otherwise use BAJ branding without BAJ’s prior written consent, except where such use is expressly permitted by law.

Nothing in this Agreement grants any right to use BAJ branding for commercial purposes.

17.4 Platform Content

Information presented through the BAJ Platform, including transport information, tourism listings, descriptions, pricing displays, maps, travel recommendations, photographs, graphics and other content, is provided to assist Customers in making informed booking decisions.

Unless otherwise indicated, Platform content remains protected by copyright and other intellectual property laws.

Customers may view and use Platform content solely for the purpose of using BAJ services and must not reproduce or commercially exploit that content without prior written permission.

17.5 Customer Content

Customers may submit content to the BAJ Platform, including reviews, ratings, comments, feedback, photographs, support enquiries or other materials.

Customers retain ownership of their original content.

By submitting content through the Platform, Customers grant BAJ a worldwide, non-exclusive, royalty-free, transferable licence to host, store, reproduce, display, adapt, publish, translate and use that content to operate, improve, promote and administer the BAJ Platform, subject to applicable privacy laws and any rights that cannot lawfully be excluded.

This licence continues only for as long as reasonably necessary for those purposes or as otherwise required by law.

17.6 Responsibility for Customer Content

Customers warrant that content submitted through the Platform:

• is accurate to the best of their knowledge;
• does not infringe the intellectual property rights of another person;
• is not defamatory, unlawful or misleading;
• does not contain malicious software or harmful code; and
• complies with this Agreement and applicable law.

Customers remain responsible for the content they choose to publish.

BAJ may remove content that reasonably appears to breach this Agreement, applicable law or the rights of another person.

17.7 Reviews and Ratings

BAJ values genuine customer feedback because it assists other Customers in making informed decisions and contributes to the continuous improvement of the Platform.

Customers should ensure that reviews and ratings are honest, relevant and based upon genuine personal experience.

BAJ may investigate reviews that reasonably appear to be fraudulent, abusive, misleading, manipulated or otherwise inconsistent with the integrity of the Platform.

Removal of a review does not necessarily imply that the underlying complaint lacks merit.

17.8 Prohibited Intellectual Property Activities

Customers must not, without BAJ’s prior written consent or unless expressly permitted by law:

• copy or reproduce any substantial part of the Platform;
• reverse engineer, decompile or disassemble software;
• create derivative works based upon the Platform;
• remove copyright notices or proprietary markings;
• scrape, harvest or systematically extract Platform data;
• use automated systems to access the Platform in a manner that unreasonably affects its operation;
• or use BAJ intellectual property for commercial exploitation.

Nothing in this clause restricts any rights that cannot lawfully be excluded under applicable legislation.

17.9 Artificial Intelligence and Platform Innovation

BAJ may develop or implement artificial intelligence technologies, automated decision-support systems, software enhancements, analytics tools, recommendation engines and other innovations to improve the Platform.

Unless expressly agreed otherwise in writing, all intellectual property arising from the development, enhancement or operation of those technologies remains the property of BAJ or its licensors.

Nothing in this Agreement transfers ownership of BAJ’s technological developments to any Customer.

17.10 Feedback and Suggestions

BAJ welcomes suggestions for improving the Platform.

Where a Customer voluntarily provides ideas, recommendations or feedback relating to Platform improvements, the Customer acknowledges that BAJ may consider, evaluate and implement those suggestions without any obligation to provide compensation, ownership rights or ongoing participation, unless otherwise agreed in writing.

Nothing in this clause affects any intellectual property rights that cannot lawfully be assigned or waived.

17.11 Third-Party Intellectual Property

Certain services available through the BAJ Platform may include content, software or branding belonging to independent Service Providers or other third parties.

Ownership of such intellectual property remains with the relevant owner.

Customers must respect all applicable intellectual property rights relating to third-party materials accessed through the Platform.

17.12 Protection of BAJ Rights

BAJ reserves the right to investigate suspected misuse of its intellectual property and to take reasonable steps to protect its legal rights.

Such steps may include requesting removal of infringing material, suspending Platform access, seeking injunctive relief, pursuing contractual remedies or taking any other lawful action considered reasonably necessary to protect BAJ’s intellectual property.

Nothing in this Chapter limits any remedies available under applicable law.

17.13 Survival

The provisions of this Chapter relating to ownership, intellectual property rights, licences, confidentiality of proprietary information and enforcement survive the termination of this Agreement to the extent reasonably necessary to protect the legitimate rights of BAJ and other intellectual property owners.

CHAPTER 18

ACCOUNT SUSPENSION, RESTRICTION AND TERMINATION

18.1 Purpose of this Chapter

The BAJ Platform is intended to provide a safe, reliable and trustworthy environment for Customers, Service Providers and other Platform participants. To maintain the integrity of the Platform, BAJ may, where reasonably necessary, restrict, suspend or terminate access to an account in accordance with this Chapter.

These powers will be exercised fairly, proportionately and consistently with applicable law, taking into account the nature and seriousness of the relevant circumstances.

Nothing in this Chapter limits any statutory rights available to Customers.

18.2 Voluntary Account Closure

Customers may close their BAJ account at any time by following the procedures made available through the Platform or by contacting BAJ Customer Support.

Closing an account does not affect:

• obligations arising from bookings made before closure;
• outstanding payment obligations;
• unresolved complaints;
• legal claims;
• obligations relating to fraud investigations;
• or any provisions of this Agreement that are intended to survive termination.

BAJ may retain information following account closure where required by law or reasonably necessary for legitimate business purposes described in this Agreement and the BAJ Privacy Policy.

18.3 Temporary Restrictions

BAJ may temporarily restrict certain account functions where reasonably necessary to:

• verify identity;
• investigate unusual account activity;
• protect account security;
• prevent fraud;
• investigate complaints;
• comply with legal obligations;
• protect the safety of Platform users;
• or maintain the proper operation of the Platform.

Where reasonably practicable, BAJ will explain the reason for the restriction and the steps required to restore normal access.

18.4 Suspension of Accounts

BAJ may suspend an account where there are reasonable grounds to believe that:

• this Agreement has been materially breached;
• fraudulent activity has occurred;
• payment obligations remain outstanding;
• false or misleading information has been provided;
• the account has been compromised;
• unlawful activity is suspected;
• serious safety concerns have arisen;
• the Platform is being misused;
• or suspension is reasonably necessary to comply with applicable law or a lawful direction from a competent authority.

Suspension may be immediate where BAJ reasonably considers that urgent action is necessary to protect Customers, Service Providers, BAJ or the public.

18.5 Investigation During Suspension

Where an account is suspended for investigation, BAJ will use reasonable endeavours to conduct the investigation promptly and fairly.

During the investigation BAJ may:

• review booking records;
• examine payment information;
• analyse Platform activity;
• request further information from the Customer;
• consult relevant Service Providers;
• preserve available evidence;
• and undertake any other reasonable enquiries necessary to determine the relevant facts.

Customers are expected to cooperate honestly with such investigations.

18.6 Termination by BAJ

BAJ may terminate a Customer account where:

• a serious breach of this Agreement has occurred;
• repeated breaches demonstrate ongoing non-compliance;
• fraudulent or deceptive conduct has been established;
• unlawful conduct has occurred through the Platform;
• threats, harassment or violence have been directed toward Platform users;
• Platform security has been intentionally compromised;
• continued access presents an unacceptable safety or legal risk;
• or termination is otherwise permitted by applicable law.

Termination will normally occur only after consideration of the relevant circumstances, except where immediate termination is reasonably necessary to protect safety, comply with legal obligations or prevent significant harm.

18.7 Notice of Suspension or Termination

Where reasonably practicable and lawful, BAJ will notify the Customer of the suspension or termination and provide a general explanation of the reasons for the decision.

BAJ may withhold information where disclosure would:

• prejudice an investigation;
• compromise Platform security;
• reveal confidential information relating to another person;
• interfere with law enforcement activities;
• or otherwise be prohibited by law.

18.8 Effect on Existing Bookings

Where an account is suspended or terminated, BAJ will use reasonable endeavours to minimise unnecessary disruption to confirmed bookings.

Depending upon the circumstances, BAJ may:

• allow an existing booking to proceed;
• assist in arranging an alternative Service Provider;
• cancel the booking;
• issue an appropriate refund where required;
• or take another reasonable course of action consistent with this Agreement and applicable law.

Each situation will be assessed individually, taking into account safety, operational requirements and the interests of all affected parties.

18.9 Outstanding Financial Obligations

Suspension or termination of an account does not release either party from obligations that arose before the account was suspended or terminated.

Customers remain responsible for:

• outstanding booking charges;
• authorised fees;
• lawful payment obligations;
• chargebacks properly determined against the Customer;
• and any other amounts payable under this Agreement.

Similarly, BAJ remains responsible for refunds or credits that are properly due under this Agreement or applicable law.

18.10 Right to Request Review

Where an account has been suspended or terminated, the Customer may request that BAJ review the decision unless the suspension or termination resulted from a legal requirement or circumstances where review would be inappropriate.

The Customer should provide any additional information that may assist BAJ in reconsidering the decision.

A review will be conducted by appropriately authorised personnel who were not involved in the original decision where reasonably practicable.

Submission of a review request does not guarantee that the original decision will be changed.

18.11 Reinstatement

Where BAJ determines that the reasons for suspension no longer exist, or that reinstatement is appropriate after reviewing all relevant information, BAJ may restore access to the Customer’s account.

BAJ may require reasonable conditions to be satisfied before reinstatement, including verification of identity, payment of outstanding authorised charges, confirmation of updated account information or completion of any reasonable security measures.

Reinstatement of an account does not prevent BAJ from taking further action if subsequent breaches of this Agreement occur.

18.12 Preservation of Rights

Termination of an account does not affect any accrued rights, liabilities or remedies existing before termination.

The following provisions survive termination to the extent reasonably necessary:

• payment obligations;
• complaint resolution;
• limitation of liability;
• intellectual property;
• privacy obligations;
• confidentiality;
• dispute resolution;
• governing law;
• and any other provision that by its nature is intended to continue after this Agreement ends.

18.13 Continued Protection of the Platform

BAJ may continue to develop procedures for preventing fraud, protecting customer safety, strengthening cybersecurity and maintaining the integrity of the Platform.

Nothing in this Chapter prevents BAJ from taking reasonable and proportionate action necessary to safeguard the Platform, provided such action is consistent with this Agreement and applicable law.

CHAPTER 19

ELECTRONIC COMMUNICATIONS, NOTICES AND RECORDS

19.1 Purpose of this Chapter

The BAJ Platform operates primarily through digital technologies that enable Customers, Service Providers and BAJ to communicate efficiently regarding bookings, payments, account management and other Platform services.

This Chapter establishes how communications, notices, records and electronic documents are exchanged between the parties and how such communications will be treated for contractual purposes.

Nothing in this Chapter limits any legal requirement that a notice must be provided in a particular form under applicable law.

19.2 Consent to Electronic Communications

By creating a BAJ account or using the BAJ Platform, the Customer agrees that communications relating to the Platform may be provided electronically.

Electronic communications may include:

• booking confirmations;
• invoices and receipts;
• payment notifications;
• Ride Bidding updates;
• itinerary confirmations;
• account notices;
• service announcements;
• security notifications;
• legal notices;
• amendments to this Agreement;
• customer support communications; and
• any other information reasonably necessary for the operation of the Platform.

Electronic communications satisfy any legal requirement for written communication where permitted by applicable law.

19.3 Communication Channels

BAJ may communicate with Customers through one or more authorised communication channels, including:

• the BAJ mobile application;
• the BAJ website;
• email;
• SMS;
• in-app messaging;
• verified push notifications;
• telephone where appropriate;
• or any other communication method that the Customer has authorised or that is reasonably necessary for the relevant service.

BAJ may select the communication channel most appropriate for the circumstances, taking into account urgency, reliability and the nature of the communication.

19.4 Customer Contact Information

Customers are responsible for ensuring that their contact details remain accurate and up to date.

Customers should promptly update changes relating to:

• email addresses;
• telephone numbers;
• postal addresses where applicable;
• emergency contact information where relevant;
• and any other contact details required for the proper operation of the Platform.

BAJ is not responsible for delays or failed communications resulting solely from inaccurate or outdated information supplied by the Customer.

19.5 Booking Communications

Customers acknowledge that timely communication is essential for the successful delivery of transport and tourism services.

BAJ or the relevant Service Provider may send communications relating to:

• pickup arrangements;
• Driver arrival;
• itinerary updates;
• estimated arrival times;
• delays;
• safety information;
• booking amendments;
• cancellations;
• emergency operational notices;
• or other information directly connected with the booked service.

Customers should monitor the communication methods associated with their account before and during active bookings.

19.6 Legal Notices

Where BAJ is required or entitled to provide legal notices under this Agreement, those notices may be delivered electronically unless applicable law requires another method of service.

Legal notices may relate to:

• amendments to this Agreement;
• account suspension;
• account termination;
• privacy matters;
• dispute resolution;
• intellectual property;
• payment obligations;
• regulatory compliance;
• or any other contractual matter arising under this Agreement.

A notice is deemed received when it becomes reasonably capable of being accessed through the communication method used, unless the Customer establishes that circumstances beyond their reasonable control prevented access.

19.7 Customer Communications to BAJ

Customers may communicate with BAJ using the support channels, contact details or reporting systems made available through the Platform.

Where a communication relates to an active booking or an urgent safety matter, Customers should use the communication method identified by BAJ as appropriate for that purpose.

BAJ may request reasonable verification of identity before acting upon instructions affecting an account or booking.

19.8 Electronic Records

BAJ may create, retain and maintain electronic records relating to Platform activities.

Such records may include:

• account information;
• booking history;
• payment records;
• Ride Bidding activity;
• travel itineraries;
• communications;
• location records where applicable;
• customer support interactions;
• audit logs;
• and other operational information reasonably necessary for the administration of the Platform.

Subject to applicable law, these records may be relied upon as evidence of Platform activity.

19.9 Accuracy of Records

BAJ uses reasonable efforts to maintain accurate electronic records.

Customers should promptly notify BAJ if they believe that any account information, booking details or transaction records are inaccurate.

Where an error is identified, BAJ will take reasonable steps to investigate and, where appropriate, correct the relevant record.

19.10 Security of Communications

BAJ employs reasonable security measures designed to protect electronic communications against unauthorised access or interference.

Customers also acknowledge that electronic communications inherently involve certain technological risks that cannot be entirely eliminated despite the exercise of reasonable care.

Customers should take reasonable precautions to protect their own devices, accounts and communication channels from unauthorised access.

19.11 Verification of Instructions

Where BAJ reasonably considers that an instruction may affect customer security, financial obligations or legal rights, BAJ may require additional verification before acting upon that instruction.

Verification measures may include identity confirmation, authentication codes, security questions or other reasonable procedures designed to protect Customers and the Platform.

19.12 Operational Communications

Certain communications are essential to the proper operation of the BAJ Platform.

Customers acknowledge that operational communications relating to safety, bookings, payments, security, legal compliance or emergency situations may continue to be sent even where the Customer has opted out of receiving promotional marketing communications.

19.13 Retention of Communications

BAJ may retain communications exchanged through the Platform for the period reasonably necessary to:

• provide services;
• investigate complaints;
• resolve disputes;
• comply with legal obligations;
• prevent fraud;
• maintain business records;
• enforce contractual rights;
• or fulfil other legitimate operational purposes.

Retention of communications will remain subject to applicable privacy legislation and the BAJ Privacy Policy.

19.14 Continuous Improvement

BAJ may continue to improve its communication systems by introducing enhanced notification technologies, multilingual communications, accessibility features, artificial intelligence support tools and other technological improvements designed to improve the reliability, efficiency and accessibility of Platform communications.

Any such improvements will be implemented consistently with this Agreement and applicable law.

CHAPTER 20

AMENDMENTS TO THIS AGREEMENT, PLATFORM CHANGES AND SERVICE EVOLUTION

20.1 Purpose of this Chapter

The BAJ Platform is a continuously developing technology platform that may introduce new services, improve existing features, respond to legal requirements and adopt emerging technologies over time.

This Chapter establishes how BAJ may amend this Agreement, update Platform functionality and introduce new services while maintaining transparency, fairness and compliance with applicable law.

Nothing in this Chapter permits BAJ to reduce or remove any statutory rights that cannot lawfully be excluded.

20.2 Continuous Development of the Platform

BAJ is committed to the ongoing improvement of its transport, tourism and digital marketplace services.

Accordingly, BAJ may from time to time:

• introduce new Platform features;
• improve existing functionality;
• expand into additional geographic regions;
• launch new transport or tourism services;
• integrate additional payment methods;
• implement new safety measures;
• enhance accessibility features;
• strengthen cybersecurity protections;
• improve artificial intelligence capabilities;
• or make other operational improvements reasonably necessary for the continued development of the Platform.

The introduction of new services does not affect existing contractual rights unless expressly stated and permitted by applicable law.

20.3 Reasons for Amendments

BAJ may amend this Agreement where reasonably necessary for purposes including:

• complying with changes in applicable law;
• responding to court decisions or regulatory requirements;
• improving customer protections;
• strengthening Platform security;
• preventing fraud;
• reflecting operational changes;
• introducing new products or services;
• correcting drafting errors or ambiguities;
• improving clarity;
• or responding to technological developments.

Amendments will not be made arbitrarily or in bad faith.

20.4 Notice of Material Changes

Where BAJ makes a material amendment to this Agreement, BAJ will provide reasonable notice before the amendment takes effect unless immediate implementation is required by law, public safety considerations or urgent security requirements.

Notice may be provided through:

• the BAJ Platform;
• email;
• in-app notifications;
• or another communication method authorised under Chapter 19.

The notice will generally identify the nature of the amendment, the proposed commencement date and where the revised Agreement may be accessed.

20.5 Non-Material Changes

BAJ may make minor or administrative amendments without advance notice where those changes:

• correct typographical errors;
• improve formatting;
• clarify existing wording without changing legal effect;
• update references;
• or make other changes that do not materially affect Customer rights or obligations.

Such amendments become effective when published unless applicable law requires otherwise.

20.6 Customer Acceptance of Amendments

Where a material amendment takes effect after reasonable notice has been provided, continued use of the BAJ Platform after the effective date ordinarily constitutes acceptance of the amended Agreement.

If a Customer does not agree with a material amendment, the Customer may cease using the affected services and close their account in accordance with Chapter 18, subject to any outstanding contractual obligations arising before account closure.

Nothing in this clause limits any statutory rights available under applicable law.

20.7 Existing Bookings

Unless expressly stated otherwise or required by applicable law, amendments to this Agreement do not alter the contractual terms governing bookings that were confirmed before the relevant amendment became effective.

Those bookings remain subject to the version of this Agreement that applied when the booking was confirmed, except where the amendment benefits the Customer or is required by law.

20.8 Platform Modifications

BAJ may modify, suspend, replace or discontinue specific Platform features where reasonably necessary for operational, technical, commercial or legal reasons.

Where reasonably practicable, BAJ will seek to minimise disruption and may provide suitable alternative functionality where appropriate.

The discontinuation of a particular feature does not, of itself, constitute a breach of this Agreement provided BAJ continues to perform its contractual obligations.

20.9 Introduction of New Services

As BAJ expands, new categories of services may be introduced through the Platform.

These may include:

• additional mobility services;
• autonomous transport technologies;
• corporate mobility solutions;
• logistics services;
• travel planning services;
• accommodation products;
• subscription programmes;
• loyalty programmes;
• artificial intelligence services;
• or other lawful commercial offerings.

New services may be accompanied by supplementary service-specific terms where reasonably necessary.

Such supplementary terms form part of the contractual relationship only in respect of the relevant service.

20.10 Regulatory Compliance

Where amendments are necessary to comply with legislation, regulatory directions, court decisions or lawful requirements imposed by competent authorities, BAJ may implement those amendments as soon as reasonably necessary.

Where advance notice cannot reasonably be provided, BAJ will notify Customers as soon as practicable after implementation.

20.11 Preservation of Customer Rights

Nothing in this Chapter permits BAJ to:

• retrospectively alter completed transactions;
• avoid contractual obligations already accrued;
• reduce statutory consumer protections;
• or remove legal rights that cannot lawfully be excluded.

Any amendment will be interpreted consistently with applicable law and the principles of fairness and good faith reflected throughout this Agreement.

20.12 Review of this Agreement

BAJ periodically reviews this Agreement to ensure it remains:

• legally compliant;
• commercially appropriate;
• operationally effective;
• technologically current;
• consistent with customer expectations;
• and aligned with the ongoing development of the BAJ Platform.

Reviews may result in amendments made in accordance with this Chapter.

20.13 Future Evolution

The parties acknowledge that the mobility, transport and tourism industries continue to evolve rapidly through advances in technology, regulation and consumer expectations.

This Agreement is intended to provide a flexible contractual framework capable of supporting that evolution while maintaining legal certainty, protecting Customers and enabling BAJ to responsibly develop innovative products and services over time.

CHAPTER 21

GOVERNING LAW, JURISDICTION, REGULATORY COMPLIANCE AND LEGAL ENFORCEMENT

21.1 Purpose of this Chapter

The BAJ Platform operates within legal and regulatory frameworks designed to promote safety, consumer confidence, fair competition and responsible commercial conduct.

This Chapter establishes the governing law applicable to this Agreement, identifies the principles governing legal jurisdiction and confirms BAJ’s commitment to complying with applicable legislation in every jurisdiction in which its services are offered.

Nothing in this Chapter limits any mandatory legal rights or obligations that cannot lawfully be excluded.

21.2 Governing Law

Unless expressly agreed otherwise in writing or required by mandatory local legislation, this Agreement is governed by and shall be interpreted in accordance with the laws of New Zealand.

The validity, interpretation, performance, enforcement and termination of this Agreement shall be determined under New Zealand law, subject to any mandatory laws that apply to Customers located in another jurisdiction.

Nothing in this Agreement is intended to exclude the operation of any law that applies irrespective of the parties’ contractual choice of governing law.

21.3 Jurisdiction

Subject to applicable consumer protection legislation and any mandatory legal requirements, the parties submit to the non-exclusive jurisdiction of the courts of New Zealand in relation to disputes arising out of or connected with this Agreement.

Nothing in this clause prevents a Customer from commencing proceedings before another court or tribunal where such a right cannot lawfully be restricted.

Likewise, nothing prevents BAJ from taking legal action in another competent jurisdiction where reasonably necessary to protect its legitimate legal rights, intellectual property, confidential information or business interests.

21.4 Compliance with Applicable Laws

BAJ, Customers and Service Providers are each responsible for complying with the laws, regulations, licensing requirements and lawful directions that apply to their respective activities undertaken through the BAJ Platform.

Customers agree not to use the Platform in a manner that is unlawful, fraudulent, deceptive or inconsistent with applicable legislation.

BAJ will use reasonable efforts to ensure that its Platform operates consistently with the legal obligations applicable to BAJ as a technology platform, booking marketplace and, where applicable, service provider.

21.5 Regulatory Cooperation

Where required or authorised by applicable law, BAJ may cooperate with courts, regulators, law enforcement agencies and other competent authorities.

Such cooperation may include:

• providing information lawfully requested;
• preserving relevant records;
• responding to statutory notices;
• assisting regulatory investigations;
• complying with lawful court orders;
• reporting suspected unlawful conduct where required by law;
• and taking other reasonable steps necessary to fulfil BAJ’s legal obligations.

Any disclosure of personal information will remain subject to applicable privacy legislation.

21.6 Consumer Protection

BAJ recognises the importance of consumer protection legislation in maintaining public confidence in digital marketplaces.

Accordingly, this Agreement should be interpreted consistently with:

• the Consumer Guarantees Act 1993;
• the Fair Trading Act 1986;
• the Privacy Act 2020;
• the Contract and Commercial Law Act 2017;
• and any other legislation that applies to the relevant services.

Where mandatory consumer protection legislation provides greater rights than those contained in this Agreement, the applicable legislation prevails to the extent of any inconsistency.

21.7 International Operations

As BAJ expands into additional jurisdictions, certain services may become subject to local legislation that differs from New Zealand law.

Where mandatory local legislation applies to a particular booking or service, BAJ will comply with those legal requirements to the extent applicable.

Nothing in this Agreement prevents BAJ from adopting jurisdiction-specific service terms where reasonably necessary to comply with local regulatory obligations.

21.8 Export Controls and Sanctions

Customers agree not to use the BAJ Platform in violation of applicable trade sanctions, export control laws or other international legal restrictions.

BAJ may restrict or refuse access to the Platform where reasonably necessary to comply with applicable sanctions legislation, government directions or international legal obligations.

21.9 Compliance with Court Orders

Where BAJ receives a lawful court order or other legally enforceable direction requiring particular action, BAJ may comply with that order to the extent required by law.

Where legally permitted and reasonably practicable, BAJ may notify affected Customers before complying with such an order.

Nothing in this clause requires BAJ to disclose information where disclosure itself would be unlawful.

21.10 Alternative Dispute Resolution

BAJ supports the resolution of disputes through fair, efficient and proportionate processes wherever appropriate.

Where the parties mutually agree, disputes may be resolved through negotiation, mediation or another recognised form of alternative dispute resolution before commencing formal court proceedings.

Participation in alternative dispute resolution remains voluntary unless mandatory under applicable law.

Nothing in this clause prevents either party from seeking urgent judicial relief where immediate legal protection is reasonably necessary.

21.11 Interpretation Consistent with Law

If any provision of this Agreement is capable of more than one reasonable interpretation, the interpretation most consistent with applicable law and the lawful operation of the BAJ Platform shall be preferred.

The parties acknowledge that this Agreement is intended to operate lawfully and effectively in each jurisdiction where BAJ provides services.

21.12 Continuing Legal Compliance

BAJ continually monitors legal and regulatory developments affecting digital marketplaces, transport services, tourism services, payment technologies, artificial intelligence, privacy and related industries.

Where reasonably necessary, BAJ may implement operational, technical or contractual changes in accordance with Chapter 20 to maintain ongoing compliance with applicable legislation.

21.13 Preservation of Legal Rights

Nothing contained in this Agreement shall:

• exclude any legal remedy that cannot lawfully be excluded;
• prevent a person from exercising statutory rights;
• restrict access to competent courts or tribunals where such restriction is prohibited by law;
• limit the powers of regulatory authorities;
• or otherwise operate contrary to mandatory legislation.

This Chapter shall be interpreted in a manner that promotes legality, fairness, regulatory compliance and the responsible operation of the BAJ Platform.

CHAPTER 22

GENERAL LEGAL PROVISIONS

22.1 Purpose of this Chapter

This Chapter contains the general legal provisions that apply throughout this Agreement. These provisions are intended to promote certainty, consistency and effective administration of the contractual relationship between BAJ, Customers and, where applicable, Service Providers.

Unless expressly stated otherwise, these provisions apply to every service made available through the BAJ Platform.

22.2 Entire Agreement

This Agreement constitutes the entire contractual agreement between BAJ and the Customer concerning the use of the BAJ Platform and the services provided through it.

This Agreement supersedes all previous discussions, understandings, representations and agreements relating to the same subject matter, except where a separate written agreement expressly provides otherwise.

This clause does not exclude liability for fraudulent misrepresentation or any representation that cannot lawfully be excluded.

22.3 Relationship of the Parties

Nothing contained in this Agreement creates or is intended to create:

• a partnership;
• a joint venture;
• an employment relationship;
• a franchise;
• an agency relationship;
• or a fiduciary relationship,

between BAJ and a Customer unless expressly agreed in writing.

The contractual relationship established by this Agreement is limited to the rights and obligations expressly described herein.

Nothing in this Chapter affects any separate contractual relationship between BAJ and independent Service Providers.

22.4 Assignment

BAJ may assign, transfer, novate or otherwise deal with its rights and obligations under this Agreement as part of:

• a corporate restructuring;
• the sale of a business;
• a merger;
• an acquisition;
• financing arrangements;
• or another legitimate commercial transaction,

provided that doing so does not materially reduce the Customer’s legal rights under this Agreement or applicable law.

Customers may not assign, transfer or otherwise deal with their rights or obligations under this Agreement without BAJ’s prior written consent, except where such restriction would be unlawful.

22.5 No Waiver

Failure by BAJ or the Customer to exercise a right, remedy or power under this Agreement does not constitute a waiver of that right.

A waiver is effective only if made expressly and in writing by the party granting the waiver.

A waiver relating to one breach does not operate as a waiver of any later or different breach.

22.6 Severability

If any provision of this Agreement is held by a court or competent authority to be unlawful, invalid or unenforceable, that provision shall be interpreted or modified to the minimum extent necessary to make it lawful and enforceable.

Where modification is not reasonably possible, the affected provision shall be severed from this Agreement.

The remaining provisions shall continue in full force and effect.

22.7 Rights and Remedies

Except where this Agreement expressly provides otherwise, the rights and remedies available to BAJ and the Customer are cumulative.

The exercise of one contractual or legal remedy does not prevent either party from exercising another remedy available under this Agreement or applicable law.

22.8 Third-Party Rights

Unless expressly stated otherwise, a person who is not a party to this Agreement does not obtain any contractual right to enforce any provision of this Agreement solely by reason of benefiting from it.

This clause does not prevent a right arising under applicable legislation where such legislation expressly provides otherwise.

22.9 Interpretation

This Agreement shall be interpreted fairly, reasonably and consistently with its commercial purpose.

Headings are included for convenience only and do not affect interpretation.

Words importing the singular include the plural and vice versa where the context permits.

References to legislation include amendments, replacements and subordinate legislation unless the context indicates otherwise.

The words “including”, “includes” and similar expressions are illustrative only and do not limit the general meaning of the preceding words.

Where examples are provided throughout this Agreement, those examples are intended to assist interpretation and do not create an exhaustive list.

22.10 Good Faith

BAJ and Customers agree to act honestly and in good faith in performing their respective obligations under this Agreement where such a duty is recognised by applicable law or reasonably arises from the nature of the contractual relationship.

Nothing in this clause creates obligations inconsistent with mandatory legislation or established legal principles.

22.11 Survival

The following provisions survive termination of this Agreement to the extent reasonably necessary to give effect to their purpose:

• payment obligations;
• refunds;
• complaints;
• dispute resolution;
• limitation of liability;
• privacy obligations;
• intellectual property;
• confidentiality;
• governing law;
• legal compliance;
• records retention;
• and any provision that by its nature is intended to continue after termination.

22.12 Language

This Agreement is prepared in the English language.

Where BAJ provides translations for customer convenience, the English version prevails to the extent permitted by applicable law in the event of inconsistency.

Nothing prevents BAJ from publishing additional translations to improve accessibility for Customers.

22.13 Electronic Execution

Where applicable, this Agreement may be accepted electronically through the BAJ Platform.

Electronic acceptance, including acceptance by clicking an acceptance button, creating an account, completing a booking or otherwise indicating agreement through the Platform, has the same legal effect as a handwritten signature to the extent permitted by applicable law.

22.14 Force Majeure Cross-Reference

The force majeure principles contained throughout this Agreement apply wherever extraordinary events beyond the reasonable control of BAJ or the relevant Service Provider materially affect the performance of contractual obligations.

Where a specific Chapter contains more detailed force majeure provisions relating to a particular service, those provisions supplement this general principle.

22.15 Commencement

This Agreement becomes effective when a Customer first:

• creates a BAJ account;
• uses the BAJ Platform;
• submits a booking;
• participates in a Ride Bidding process;
• purchases a tourism product;
• or otherwise accesses services governed by this Agreement,

whichever occurs first.

The Agreement remains in effect until terminated in accordance with its terms.

22.16 Continuing Development

The parties acknowledge that the BAJ Platform is intended to evolve continuously as technologies, customer expectations, legal requirements and commercial opportunities develop.

Accordingly, this Agreement should be interpreted in a manner that supports lawful innovation while preserving fairness, transparency, customer confidence and the long-term sustainability of the BAJ Platform.

SCHEDULE 1

DEFINITIONS AND INTERPRETATION

1. Purpose of this Schedule

This Schedule defines capitalised terms used throughout the BAJ Customer Master Agreement unless the context clearly requires otherwise.

These definitions are intended to ensure consistency, certainty and uniform interpretation throughout the Agreement.

Where a defined term is used in the singular it includes the plural where the context permits, and vice versa.

2. Defined Terms

Account

Account means a registered customer profile created through the BAJ Platform that enables a person to access services offered by BAJ.

Agreement

Agreement means this BAJ Customer Master Agreement, including all Chapters, Schedules, incorporated policies and any lawful amendments made in accordance with Chapter 20.

Applicable Law

Applicable Law means any legislation, regulation, code, licence condition, court decision or lawful direction of a competent authority applicable to the relevant service or jurisdiction.

BAJ

BAJ, we, our or us means BAJ Technologies Limited, together with its lawful successors, permitted assigns and any entity expressly identified as operating the relevant BAJ Platform.

BAJ Platform

BAJ Platform means all BAJ digital services including mobile applications, websites, booking systems, Ride Bidding technology, payment systems, APIs, customer portals, operator dashboards, artificial intelligence systems and any other technology operated by BAJ.

Booking

Booking means a request for, confirmation of or reservation of any service made through the BAJ Platform.

Booking Confirmation

Booking Confirmation means the electronic confirmation issued by BAJ or through the BAJ Platform confirming acceptance of a booking.

Business Day

Business Day means any day other than a Saturday, Sunday or public holiday observed in the place where the relevant contractual obligation is to be performed.

Charges

Charges means all fares, fees, tolls, surcharges, taxes, booking fees and any other amounts lawfully payable in connection with services booked through the BAJ Platform.

Customer

Customer, Passenger, Traveller or User means any individual or authorised organisation accessing or using the BAJ Platform for the purpose of obtaining services.

Driver

Driver means an individual authorised through the BAJ Platform to provide transport services.

Driver Operator

Driver Operator means a person or business responsible for operating one or more Drivers through the BAJ Platform.

Fleet Operator

Fleet Operator means an organisation operating multiple vehicles, Drivers or transport resources using the BAJ Platform.

Force Majeure Event

Force Majeure Event means an extraordinary event beyond the reasonable control of the affected party that materially prevents performance of contractual obligations, including natural disasters, severe weather, earthquakes, pandemics, government restrictions, industrial action by unrelated third parties or other comparable events.

Intellectual Property

Intellectual Property means all present and future intellectual property rights including copyright, trade marks, patents, registered designs, trade secrets, confidential information, database rights, domain names, software rights and similar proprietary rights recognised under applicable law.

Personal Information

Personal Information has the meaning given under applicable privacy legislation and includes information capable of identifying an individual directly or indirectly.

Platform

Platform means the BAJ Platform unless the context indicates otherwise.

Privacy Policy

Privacy Policy means BAJ’s published Privacy Policy as amended from time to time in accordance with applicable law.

Ride

Ride means any passenger transport service arranged through the BAJ Platform, including Ride Bidding, fixed-price journeys, metered taxi services, airport transfers, long-distance transport and any future mobility services.

Ride Bidding

Ride Bidding means BAJ’s marketplace system through which Customers and eligible Drivers or Driver Operators may negotiate transport pricing using the bidding functionality provided by the BAJ Platform.

Service

Service means any transport, tourism, travel, accommodation, booking, mobility, technology or other lawful commercial service made available through the BAJ Platform.

Service Provider

Service Provider means any Driver, Driver Operator, Fleet Operator, Tour Operator, accommodation provider or other independent supplier offering services through the BAJ Platform.

Terms

Terms means this Agreement unless the context clearly indicates otherwise.

Tour Operator

Tour Operator means an independent provider offering tourism experiences, guided tours, travel products or related services through the BAJ Platform.

Vehicle

Vehicle means any car, taxi, van, shuttle, coach, bus or other lawful transport vehicle used in connection with services offered through the BAJ Platform.

3. Interpretation Principles

Unless the context requires otherwise:

(a) headings are included for convenience only and do not affect interpretation;

(b) words importing one gender include every gender;

(c) words importing the singular include the plural and vice versa;

(d) references to legislation include amendments, consolidations and replacement legislation;

(e) references to a person include individuals, companies, partnerships, trusts, incorporated societies, government agencies and other legal entities;

(f) references to “including”, “includes”, “such as” or similar expressions are illustrative only and are not to be interpreted as limiting the generality of the preceding words;

(g) references to written communication include electronic communications recognised under Chapter 19;

(h) where examples are provided throughout this Agreement, those examples are intended to assist understanding and do not constitute an exhaustive list;

(i) if a conflict exists between a general provision and a more specific provision relating to a particular service, the more specific provision prevails to the extent of the inconsistency;

(j) this Agreement shall be interpreted in a manner that promotes fairness, commercial certainty, technological innovation and compliance with Applicable Law.

4. Future Definitions

BAJ may introduce additional defined terms where reasonably necessary to support new Platform services, technologies or legal requirements.

Any additional definitions introduced under this clause shall be incorporated into this Schedule in accordance with Chapter 20 and interpreted consistently with the structure and purpose of this Agreement.

SCHEDULE 2

CONTRACT HIERARCHY, INCORPORATED POLICIES AND SERVICE-SPECIFIC TERMS

1. Purpose of this Schedule

This Schedule explains how this BAJ Customer Master Agreement interacts with other contractual documents, operational policies and service-specific terms published by BAJ.

The objective of this Schedule is to provide contractual certainty while allowing BAJ to responsibly develop new services, technologies and operational procedures without requiring the complete replacement of this Agreement each time a policy is updated.

Unless expressly stated otherwise, this Master Agreement remains the primary contractual document governing the relationship between BAJ and the Customer.

2. Contractual Hierarchy

Unless mandatory law requires otherwise, documents forming part of the contractual relationship shall take priority in the following order:

1. Applicable legislation and mandatory legal requirements.
2. This BAJ Customer Master Agreement.
3. Service-Specific Terms applicable to the relevant booking or service.
4. BAJ Operational Policies incorporated into this Agreement.
5. Booking Confirmations and booking-specific information.
6. Platform notices and operational guidance published for convenience.

Where an inconsistency exists between two documents, the document with the higher contractual priority prevails to the extent of the inconsistency unless applicable law requires another outcome.

3. Incorporated Policies

The following policies form part of the contractual framework where they are applicable to the relevant service:

• BAJ Privacy Policy;
• BAJ Cancellation and Refund Policy;
• BAJ Ride Bidding Rules;
• BAJ Community Standards;
• BAJ Safety Standards;
• BAJ Accessibility Policy;
• BAJ Payment Policy;
• BAJ Fraud Prevention Policy;
• BAJ Customer Support Policy;
• BAJ Promotional Campaign Terms;
• and any other operational policy expressly incorporated into this Agreement.

Each policy applies only to the services for which it is published.

4. Service-Specific Terms

Certain BAJ services require additional contractual provisions because of their specialised operational requirements.

Service-Specific Terms may apply to services including:

• Ride Bidding;
• metered taxi services;
• airport transfers;
• long-distance transport;
• tourism experiences;
• accommodation bookings;
• corporate accounts;
• subscription services;
• loyalty programmes;
• artificial intelligence services;
• logistics services;
• future mobility services;
• or any other specialised service introduced through the BAJ Platform.

Service-Specific Terms supplement this Master Agreement and apply only to the relevant service.

5. Operational Policies

Operational Policies explain how BAJ administers the Platform on a day-to-day basis.

Such policies may address matters including:

• booking procedures;
• verification processes;
• payment processing;
• safety procedures;
• accessibility standards;
• fraud detection;
• complaint handling;
• promotional campaigns;
• identity verification;
• cybersecurity practices;
• and operational guidance for Customers and Service Providers.

Operational Policies assist in implementing this Agreement but do not reduce any contractual or statutory rights unless expressly permitted by law.

6. Future Services

BAJ intends to continue expanding its Platform by introducing new technologies and commercial services.

Future services may include:

• autonomous transport;
• electric mobility services;
• micro-mobility;
• integrated public transport;
• logistics;
• freight coordination;
• artificial intelligence travel planning;
• event management;
• digital concierge services;
• tourism packages;
• accommodation marketplaces;
• business mobility platforms;
• financial technology services;
• insurance products offered through authorised partners;
• and other lawful commercial services.

BAJ may publish additional Service-Specific Terms relating to those services.

7. Policy Updates

Operational Policies may be updated from time to time in accordance with Chapter 20 where reasonably necessary to:

• improve customer protection;
• respond to legal requirements;
• improve operational efficiency;
• strengthen Platform security;
• introduce new technologies;
• improve accessibility;
• clarify existing procedures;
• or reflect the evolution of BAJ services.

Material changes will be communicated in accordance with Chapter 20 where required.

8. Interpretation

This Schedule should be interpreted consistently with the commercial purpose of this Master Agreement.

Operational Policies are intended to explain the practical operation of BAJ services and should not be interpreted as reducing protections expressly provided elsewhere in this Agreement.

Where a Service-Specific Term provides greater protection for the Customer than a general provision of this Agreement, the more favourable provision shall ordinarily apply unless inconsistent with mandatory law or the express wording of the relevant Service-Specific Terms.

9. Regulatory Compliance

Where legislation requires BAJ to publish specific operational policies or customer disclosures, those documents shall be incorporated into the contractual framework to the extent required by law.

Nothing in this Schedule limits any statutory obligation imposed upon BAJ or any legal right available to Customers.

10. Entire Contractual Framework

Together, the following documents constitute the complete contractual framework governing the Customer’s use of the BAJ Platform:

• this BAJ Customer Master Agreement;
• incorporated Operational Policies;
• applicable Service-Specific Terms;
• Booking Confirmations;
• and any mandatory legal rights and obligations applying under Applicable Law.

These documents should be interpreted together in a manner that promotes fairness, transparency, customer confidence, operational efficiency and the long-term development of the BAJ Platform.

APPENDIX A

BAJ CUSTOMER CHARTER

1. Purpose

This Customer Charter describes the standards of service that BAJ strives to achieve when providing transport, mobility, tourism and digital marketplace services through the BAJ Platform.

This Charter is intended to support the BAJ Customer Master Agreement by explaining BAJ’s service commitments in plain language.

Unless expressly stated otherwise, this Charter does not create contractual obligations additional to those contained in the BAJ Customer Master Agreement or any rights beyond those provided by applicable law.

2. Our Commitment

BAJ is committed to building a trusted mobility and tourism platform that connects Customers, Drivers, Driver Operators, Fleet Operators, Tour Operators and other Service Providers through modern technology.

Our objective is to deliver services that are:

• safe;
• reliable;
• transparent;
• accessible;
• fairly priced;
• technologically innovative; and
• focused on long-term customer satisfaction.

3. Safety

Safety is our highest operational priority.

We are committed to continually improving:

• passenger safety;
• Driver safety;
• digital security;
• payment security;
• identity verification;
• fraud prevention;
• emergency response procedures;
• and Platform integrity.

We encourage every Platform participant to contribute to a safe environment by acting responsibly and reporting concerns promptly.

4. Fair Treatment

Every Customer deserves to be treated fairly, respectfully and professionally.

BAJ aims to provide services without unlawful discrimination based on race, ethnicity, nationality, religion, disability, age, gender or any other characteristic protected by applicable law.

Courtesy, professionalism and mutual respect are expected from everyone using the Platform.

5. Transparent Pricing

BAJ believes Customers should understand the basis on which prices are determined.

Where reasonably practicable, Customers will receive clear information regarding:

• estimated pricing;
• applicable fees;
• taxes;
• surcharges;
• cancellation charges;
• and payment methods.

Where pricing changes occur during a booking because of circumstances permitted under the Customer Master Agreement, BAJ will seek to ensure those changes are transparent and appropriately explained.

6. Privacy

BAJ recognises that Customers trust us with personal information.

We are committed to handling personal information responsibly, lawfully and transparently in accordance with:

• the BAJ Privacy Policy;
• applicable privacy legislation;
• and recognised information security practices.

Privacy is an ongoing commitment rather than a one-time compliance exercise.

7. Accessibility

BAJ supports accessible transport and tourism wherever reasonably practicable.

We aim to improve accessibility through:

• inclusive technology;
• accessible booking processes;
• improved communication;
• support for Customers with disabilities;
• and ongoing consultation with stakeholders where appropriate.

Accessibility remains an important part of BAJ’s long-term development strategy.

8. Customer Support

When Customers need assistance, BAJ aims to provide support that is:

• courteous;
• responsive;
• professional;
• fair;
• and solution-focused.

Where issues arise, BAJ seeks to investigate concerns carefully and resolve them in accordance with the complaint procedures established by the Customer Master Agreement.

9. Continuous Innovation

BAJ was established as a technology platform committed to continuous improvement.

We continually invest in improving:

• booking technology;
• Ride Bidding;
• transport services;
• tourism services;
• payment systems;
• artificial intelligence;
• cybersecurity;
• accessibility;
• and customer experience.

Innovation will always be balanced with safety, fairness and legal compliance.

10. Sustainability

BAJ supports responsible business practices that contribute to environmentally and socially sustainable transport and tourism.

Where reasonably practicable, BAJ aims to encourage:

• efficient transport;
• reduced environmental impact;
• responsible tourism;
• respect for local communities;
• and responsible use of technology.

As the Platform develops, BAJ will continue exploring opportunities to improve environmental performance and support sustainable mobility.

11. Integrity

Integrity underpins every aspect of BAJ’s business.

We strive to operate honestly, transparently and ethically in all dealings with Customers, Service Providers, regulators, business partners and the communities we serve.

Trust is fundamental to the long-term success of the BAJ Platform.

12. Looking Forward

BAJ is committed to becoming a leading integrated mobility and tourism platform by continually improving the quality, safety and reliability of its services.

We recognise that customer expectations, technology and legal requirements will continue to evolve.

Our commitment is to evolve with them while remaining guided by the principles of safety, fairness, transparency, innovation and respect.

This Customer Charter should be read together with the BAJ Customer Master Agreement and the other documents forming part of BAJ’s contractual framework.