BAJ CANCELLATION & REFUND POLICY

BAJ Technologies Limited

Effective Date: This Policy takes effect when BAJ’s public customer booking services commence.

PURPOSE AND STATUS OF THIS POLICY

This Cancellation & Refund Policy explains how cancellations, booking changes, no-shows, interrupted services, refunds, credits and related financial adjustments are administered for bookings made through the BAJ Platform. It is intended to provide Customers, Drivers, Tour Operators, other Service Providers and BAJ with a clear and consistent framework while recognising that different services may require different booking-specific cancellation conditions.

BAJ operates a technology marketplace through which transport, mobility, tourism and related services may be requested, compared, negotiated, booked and paid for. In many transactions, the underlying service is supplied by an independent Driver, Driver Operator, Fleet Operator, Tour Operator or other authorised Service Provider. BAJ may also provide Platform services of its own, including booking technology, marketplace access, payment facilitation, communications, customer support and other digital services. Cancellation and refund decisions may therefore involve both the underlying service and separate BAJ charges.

This Policy supplements the BAJ Customer Terms of Service and the agreements applicable to Drivers and Suppliers. It does not replace those agreements. If a booking has specific cancellation conditions that were clearly disclosed before confirmation, those conditions apply together with this Policy. If there is a conflict, mandatory New Zealand law prevails, followed by the applicable Customer Terms and then the booking-specific conditions to the extent they are lawful and consistent with those Terms.

NEW ZEALAND CONSUMER RIGHTS

Nothing in this Policy excludes, restricts or modifies any 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 New Zealand legislation. Where a service does not comply with a statutory guarantee, the Customer may have rights that are greater than the ordinary cancellation rights stated for the booking.

Where a service failure can be remedied, the relevant supplier may be entitled to a reasonable opportunity to remedy it. Where the failure cannot be remedied, is of substantial character, or the supplier fails to remedy the failure within a reasonable time where required, the Customer may have a statutory right to cancel and obtain a refund or other remedy. Where part of a service has already been supplied and retains value, applicable law may permit or require a partial rather than full refund depending on the circumstances.

A Customer is not automatically entitled to a refund merely because they change their mind, their personal circumstances change, they find another service at a lower price or they no longer wish to travel. Where a Customer cancels a confirmed service without a statutory right to cancel, the financial consequences are determined by the disclosed booking conditions, any actual or reasonable loss arising from the cancellation, the stage of performance and applicable law.

TRANSPARENCY BEFORE BOOKING

BAJ seeks to ensure that material cancellation and refund conditions are made reasonably available before a Customer confirms a booking. Because the Platform supports immediate transport, Ride Bidding, scheduled transport, airport transfers, long-distance travel, tours, activities and other services, a single fixed cancellation window or fee may not be suitable for every transaction.

Where a particular booking has a cancellation deadline, cancellation fee, non-refundable component, supplier-specific restriction, minimum notice period or other material condition, the Platform or relevant listing should disclose that condition before the Customer becomes committed to the booking. BAJ is not required to state one permanent cancellation percentage or fixed refund rule in this Policy where the actual commercial condition varies according to the service purchased.

A booking-specific condition must not be misleading, hidden, unfair or inconsistent with mandatory consumer rights. A Service Provider must not impose an undisclosed charge after booking merely because the Customer requests cancellation, rescheduling or another change.

HOW A CUSTOMER MAY CANCEL

A Customer should cancel through the cancellation function made available in the BAJ App, website, booking portal or other authorised channel. Where the relevant function is not reasonably available, the Customer may contact BAJ through the support channel identified for the booking. A cancellation is effective when it is successfully recorded by the Platform or otherwise acknowledged through an authorised BAJ process, subject to any mandatory rule that requires a different result.

Customers should cancel as soon as reasonably possible after deciding not to proceed. Delay may increase the costs already incurred by a Service Provider, may prevent the service from being resold to another Customer and may affect the amount refundable under the applicable booking conditions.

Where a Customer believes a cancellation has not been correctly recorded, the Customer should retain any available booking reference, cancellation confirmation, screenshot, message or other evidence showing when the cancellation request was submitted. BAJ may use its Platform records, timestamps, communications and other reliable information when determining the effective cancellation time.

CUSTOMER CANCELLATIONS OF IMMEDIATE TRANSPORT

For immediate transport services, including Ride Bidding and other on-demand bookings, a Customer may ordinarily cancel before the journey is completed through the available Platform process. Once a Driver has accepted the booking and has begun travelling toward the pickup location, a cancellation fee or other disclosed charge may apply where permitted by the Customer Terms, the applicable booking conditions and law.

The fact that a Customer cancels before entering the vehicle does not necessarily mean that no cost has been incurred. A Driver may already have committed time, travelled toward the pickup point, incurred access or parking costs or lost another booking opportunity. BAJ may therefore apply the booking-specific cancellation condition that was disclosed or otherwise lawfully incorporated into the booking.

Where the Driver has not materially acted on the booking and the Platform permits cancellation without charge, the booking may be cancelled without a cancellation fee. BAJ may refine operational thresholds used by the Platform to determine when a cancellation charge becomes applicable, provided those thresholds are administered consistently with the Customer Terms, disclosed booking conditions and applicable law.

RIDE BIDDING CANCELLATIONS

A Ride Bidding request may be withdrawn without a booking cancellation charge before a bid or counter-offer has been accepted and a binding booking has been formed, unless the Platform clearly states otherwise for a particular feature. Once an offer has been accepted and the booking has been confirmed, the cancellation rules applicable to the resulting transport booking apply in the same manner as they would to another confirmed booking of that type.

A Customer or Driver must not misuse Ride Bidding by repeatedly accepting offers and cancelling them for the purpose of manipulating prices, testing competitors, avoiding Platform charges or disrupting another participant. BAJ may investigate patterns of strategic cancellation and take proportionate action under the applicable account terms.

SCHEDULED TRANSPORT AND AIRPORT TRANSFERS

Scheduled transport, airport transfers, long-distance journeys, corporate transport and other advance bookings may require a Driver or Service Provider to reserve capacity before the service date. The applicable cancellation condition may therefore differ from an immediate ride and may become more restrictive as the scheduled pickup time approaches.

Where an advance booking includes costs that have already been reasonably and irreversibly incurred specifically for that Customer, those costs may be taken into account when determining the amount refundable, but only where the deduction is permitted by law and consistent with the conditions disclosed for the booking.

Customers arranging airport, ferry, cruise or rail transfers should provide accurate travel details where requested. If a flight, ferry, cruise ship or train is delayed or rescheduled, BAJ and the relevant Service Provider will use reasonable efforts to accommodate the changed arrival where operationally practicable. A delay does not automatically create an unlimited waiting obligation. Additional waiting time, rescheduling or other charges may apply where justified, disclosed and lawful.

TOURISM, EXPERIENCES AND MULTI-COMPONENT BOOKINGS

Tours, sightseeing experiences, attraction bookings, multi-day products and other tourism services may involve independent suppliers and may require advance commitments for vehicles, guides, admission tickets, accommodation, meals, activities or other components. The cancellation conditions for those products may therefore differ materially from ordinary point-to-point transport.

Where a tourism listing includes a supplier-specific cancellation window, non-refundable ticket, third-party admission, accommodation component or other restriction, that condition forms part of the booking if it was clearly disclosed before confirmation and is lawful. BAJ will not describe a booking as fully refundable where a material non-refundable component applies unless BAJ has expressly agreed to absorb that cost.

Where only one component of a multi-component booking is cancelled or unavailable, the appropriate remedy will depend on whether the remaining components can still be supplied, the value retained by the Customer, the significance of the cancelled component and the Customer’s statutory rights. BAJ or the relevant Service Provider may offer a reasonable substitute, rescheduling, partial refund, credit or full refund as appropriate to the circumstances.

WEATHER, ROAD CONDITIONS AND OTHER EXTERNAL EVENTS

Transport and tourism services can be affected by weather, road closures, natural hazards, marine conditions, attraction closures, public emergencies, government directions and other events outside the reasonable control of BAJ or the Service Provider. Safety takes priority over completing a booking exactly as planned.

Where a service cannot safely or lawfully proceed, BAJ and the relevant Service Provider may cancel, delay, reroute, reschedule or modify the booking. Where a material part of the purchased service cannot be supplied and a substantially equivalent alternative is not accepted or reasonably available, the Customer will receive the refund, credit or other remedy required by the booking conditions and applicable law.

A force majeure or external event does not automatically remove every consumer right or automatically require a full refund in every circumstance. The outcome depends on the contract, the services already provided, costs lawfully retained, the availability of alternative performance and any statutory rights that apply.

SERVICE PROVIDER CANCELLATIONS

A Driver, Tour Operator or other Service Provider should not cancel a confirmed booking without a legitimate operational, legal, safety or other reasonable basis. Where cancellation becomes necessary, the Service Provider must notify BAJ and the Customer as soon as reasonably practicable and provide accurate information regarding the reason for cancellation.

Where reasonably possible, BAJ may attempt to arrange a replacement Driver, substitute supplier, revised departure, rescheduled booking or other substantially equivalent alternative. A Customer is not required to accept a materially different replacement where mandatory law or the booking terms provide a right to cancel instead.

If the Service Provider cancels before performance and no suitable alternative is provided or accepted, the Customer will ordinarily be entitled to a refund of amounts paid for the unperformed service, together with any greater remedy required by law. Where only part of the service is affected, a proportionate partial refund or alternative remedy may be appropriate.

BAJ-INITIATED CANCELLATIONS

BAJ may cancel, suspend or prevent a booking where reasonably necessary to protect passenger or public safety, comply with law, address payment or fraud concerns, preserve Platform integrity, respond to serious misconduct, manage regulatory obligations or prevent a service from proceeding where BAJ reasonably believes it cannot be performed lawfully or safely.

Where BAJ cancels a booking for reasons not attributable to the Customer and the underlying service has not been supplied, BAJ will administer any refund or other remedy required by the Customer Terms and applicable law. If the cancellation arises from Customer fraud, serious misconduct, an invalid payment method or another material breach by the Customer, BAJ may apply any lawful cancellation consequences that were disclosed or arise under the Customer Terms.

CUSTOMER NO-SHOWS

A Customer may be treated as a no-show where the Customer fails to make themselves reasonably available at the agreed pickup, meeting or commencement location after expiry of the applicable waiting period and has not cancelled or communicated a reasonable change through an authorised channel.

A no-show may result in cancellation of the booking and may affect refund entitlement. Depending on the service and the disclosed booking conditions, the Customer may remain responsible for a cancellation charge, waiting time, costs already incurred or all or part of a non-refundable booking amount where permitted by law.

Where a no-show is disputed, BAJ may consider GPS information, arrival and departure timestamps, Driver status records, Platform communications, call or message attempts, photographs, booking information and any other reliable evidence reasonably relevant to the dispute. BAJ will not determine a disputed no-show solely on an unsupported assertion where contrary evidence is available.

SERVICE PROVIDER NO-SHOWS

A Service Provider may be treated as a no-show where they fail to attend or make the booked service reasonably available without adequate justification. BAJ may attempt to arrange an alternative Service Provider and may investigate the circumstances under the Driver or Supplier agreement.

Where the Customer receives no service because of a Service Provider no-show and no suitable alternative is provided or accepted, the Customer will ordinarily be entitled to a refund of amounts paid for the unperformed service and any additional remedy required by applicable law.

WAITING TIME AND LATE ARRIVAL

Some bookings may include a complimentary waiting period while others may permit waiting charges from a specified point. Any material waiting charge should be disclosed through the booking process, fare structure or other applicable service information before it is imposed, except where a lawful charge arises from a Customer-requested change that could not reasonably have been known earlier.

Where the Customer is delayed by circumstances outside their reasonable control, including delayed flights, border processing, ferry disruption or public emergencies, BAJ and the Service Provider should consider the circumstances reasonably. This does not guarantee that the original Driver or supplier can remain available indefinitely, particularly where doing so would disrupt later confirmed bookings.

BOOKING AMENDMENTS AND RESCHEDULING

A Customer may request to change the date, time, pickup location, destination, passenger requirements, itinerary or other booking details through an authorised BAJ process. A requested amendment is not effective until it has been confirmed by BAJ or the relevant Service Provider where supplier acceptance is required.

An amendment may change the fare, Service Charge, waiting allowance, route, duration, supplier cost or other commercial term. Where a material price change results from a Customer-requested amendment, the revised amount should be communicated before the amended service is supplied where reasonably practicable.

Rescheduling is not automatically equivalent to cancellation. Where the Customer and Service Provider agree to move the booking to a new date or time, the revised booking remains subject to the conditions confirmed for the rescheduled service. A Service Provider must not use rescheduling merely to avoid a refund that would otherwise be legally due.

FULL REFUNDS

A full refund may be appropriate where a confirmed service is cancelled by the Service Provider and no substantially equivalent alternative is provided or accepted, where the service cannot lawfully or safely be delivered, where the Customer validly cancels under a statutory right, where a material service failure gives rise to a statutory cancellation right, or where the applicable booking condition expressly provides for a full refund.

A full refund means repayment of the amount properly refundable for the affected booking. Whether a separate BAJ Service Charge is included in that refund depends on the reason for cancellation, the extent of BAJ Platform services already supplied, the disclosures made at booking and applicable law. BAJ will not withhold any part of a Service Charge where law requires it to be refunded.

PARTIAL REFUNDS

A partial refund may be appropriate where part of the booked service has been supplied, the Customer has received some material value, only one component of a package is affected, an itinerary is materially shortened, or another circumstance makes a full refund disproportionate to the service actually received.

The amount of a partial refund will be determined reasonably by reference to the value of the services supplied and not supplied, the nature of the failure or cancellation, any lawful third-party cost, the booking terms and any mandatory legal rights. BAJ may request supporting information from the Service Provider where necessary to verify the calculation.

WHEN A REFUND MAY BE DECLINED

A refund may be declined where the Customer has no statutory refund right and the applicable booking conditions lawfully permit payment to be retained. This may occur, for example, where the Customer cancels after a clearly disclosed refund deadline, is a no-show, voluntarily ends a service early without a service failure, fails to comply with a material booking requirement, or seeks a refund solely because of a change of mind.

No clause in this Policy authorises BAJ or a Service Provider to refuse a refund that is required by the Consumer Guarantees Act or another mandatory law. Statements such as ‘no refunds’ cannot override statutory consumer rights.

BAJ CUSTOMER SERVICE CHARGE

Where a booking includes a separate BAJ Customer Service Charge, that charge is distinct from the underlying fare or supplier price and is paid for BAJ’s Platform and related services. The Customer Terms explain how the Service Charge is disclosed and how it may vary between bookings. This Policy does not set a fixed Service Charge amount or percentage.

The refundability of a Service Charge depends on the reason for cancellation, the stage of the booking, whether BAJ has already supplied material Platform services, the booking-specific disclosure and applicable law. If a Customer cancels for change of mind or after a disclosed cancellation threshold, the Service Charge may be non-refundable where that treatment was lawfully disclosed. If BAJ or the relevant Service Provider fails to supply the booked service and the circumstances require repayment, BAJ may refund all or part of the Service Charge as appropriate.

A payment-method-specific surcharge, if BAJ introduces one in the future, is separate from the general BAJ Service Charge and will be administered in accordance with the legal rules applicable to that surcharge.

CASH, DRIVER EFTPOS AND OTHER DIRECT PAYMENTS

Some BAJ bookings may permit the Customer to pay the underlying Driver or Service Provider directly by cash, the Driver’s own EFTPOS terminal, bank transfer or another BAJ-authorised direct payment method. A direct payment does not by itself make the booking an off-Platform transaction and does not remove the booking from this Policy.

Where a refund is due for an amount paid directly to the Service Provider, BAJ may coordinate the refund but may require the Service Provider to return the underlying fare or supplier component because BAJ may not physically hold those funds. Any BAJ Service Charge collected separately by BAJ will be considered separately under this Policy. BAJ may record the refund, settlement and GST adjustments necessary to keep the Platform transaction records accurate.

A Customer should not be required to pay the same refundable amount twice or be sent between BAJ and a Service Provider without reasonable assistance merely because the booking used a direct payment method. BAJ and the Service Provider are expected to cooperate in identifying which party holds each component of the payment and in implementing any approved refund.

CARD, APP AND DIGITAL PAYMENTS

Where payment was processed through the BAJ Platform by card, digital wallet, account-to-account payment or another electronic method, an approved monetary refund will ordinarily be returned to the original payment method unless another lawful method is required or agreed because the original method cannot reasonably receive the refund.

BAJ may initiate an approved refund promptly, but the time at which the Customer sees the funds can depend on banks, card schemes, payment gateways and other financial institutions outside BAJ’s direct control. A processing delay after BAJ has correctly transmitted the refund does not by itself mean that the refund has been refused.

BAJ ACCOUNT CREDITS AND ALTERNATIVE REMEDIES

BAJ may offer account credit, travel credit, rescheduling, a replacement service or another practical remedy where appropriate. A Customer is not required to accept credit instead of a cash or original-payment-method refund where applicable law gives the Customer a right to monetary repayment.

Where a Customer voluntarily accepts a credit or alternative settlement, the conditions attached to that credit should be communicated before acceptance. A settlement does not waive statutory rights unless the waiver or settlement is lawful and clearly applies to the matter resolved.

PROMOTIONS, DISCOUNTS AND VOUCHERS

Where a booking was purchased using a promotional discount, voucher, loyalty credit or other non-cash benefit, the refund or reinstatement of that benefit may be subject to the promotional terms. BAJ is not required to convert a non-cash promotional benefit into cash unless the applicable terms or law require it.

If a booking is cancelled for reasons attributable to BAJ or a Service Provider and the Customer loses a promotional benefit through no fault of their own, BAJ may restore the benefit, provide an equivalent credit or otherwise administer the matter reasonably having regard to the promotion and applicable law.

GST AND REFUND ADJUSTMENTS

Prices displayed to Customers are GST-inclusive where required by New Zealand law. Where a booking is refunded or adjusted, BAJ may make the corresponding GST, taxable supply information, marketplace settlement, Flat-Rate Credit, commission, Service Charge or Driver Wallet adjustments required to ensure the transaction is accounted for correctly.

A Customer’s entitlement to a refund is determined by the amount lawfully refundable for the booking and is not reduced merely because BAJ must make internal GST or settlement adjustments between itself and a Driver or other Service Provider.

CHARGEBACKS AND PAYMENT REVERSALS

A Customer who believes a payment or refund is incorrect should contact BAJ through the complaints or support process so the transaction can be investigated. Nothing in this Policy removes any lawful right the Customer may have to dispute an unauthorised or incorrect payment through their financial institution.

A chargeback does not automatically determine the underlying contractual dispute. BAJ may provide booking, payment, cancellation and refund records to a payment processor or financial institution where reasonably necessary to respond to a chargeback. Fraudulent or abusive chargebacks may result in account action where permitted by the Customer Terms and law.

EVIDENCE AND REFUND DECISIONS

BAJ may review booking records, payment records, GPS or location information, Driver status information, timestamps, Platform communications, photographs, supplier records, cancellation confirmations, weather or operational information and other relevant evidence when determining a disputed cancellation, no-show or refund request.

Each disputed matter will be considered on its individual facts. BAJ may ask the Customer or Service Provider for additional information where the available record is incomplete. Failure to provide requested information may affect BAJ’s ability to determine the claim but will not automatically defeat a valid statutory right.

A refund, credit or goodwill payment may be made without an admission of legal liability. Conversely, refusal of a discretionary refund does not affect any mandatory statutory remedy to which the Customer is entitled.

COMPLAINTS AND REVIEW

Where a Customer disagrees with a cancellation fee, no-show determination, refund amount or other decision under this Policy, the Customer may ask BAJ to review the matter through the BAJ Complaints & Resolution Policy. BAJ may refer a matter back to the relevant Service Provider for information, but BAJ will remain responsible for administering any obligation that applies directly to BAJ.

Use of BAJ’s internal complaint process does not prevent a Customer from exercising any right to approach the Disputes Tribunal, the courts, the Commerce Commission, the Office of the Privacy Commissioner or another body with jurisdiction where appropriate.

FRAUD, ABUSE AND MANIPULATION

Customers and Service Providers must not manipulate cancellations, refunds, Ride Bidding, promotional programmes, payment reversals or no-show processes for improper financial advantage. BAJ may investigate repeated or unusual patterns where there is a reasonable basis to suspect fictitious bookings, coordinated cancellation activity, false evidence, refund abuse or other dishonest conduct.

BAJ may temporarily withhold a disputed discretionary refund while a genuine fraud investigation is conducted, but will not use an investigation as a pretext to avoid a refund that mandatory law clearly requires. Any account restriction or enforcement action will be administered under the applicable Customer, Driver or Supplier agreement.

RECORD KEEPING AND PRIVACY

BAJ may retain cancellation requests, refund decisions, no-show records, communications, payment records, GPS information, evidence and related complaint information for the period reasonably necessary for operational, accounting, taxation, regulatory, dispute resolution and legal purposes. Personal information will be handled in accordance with the BAJ Privacy & Cookie Policy and applicable privacy law.

Service Providers must retain cancellation and refund information required by their agreements with BAJ and applicable law. Records must not be intentionally falsified, concealed or altered in a manner that could mislead BAJ, a Customer, a regulator, a payment provider or a court or tribunal.

CHANGES TO THIS POLICY

BAJ may update this Policy to reflect changes in law, Platform functionality, service categories, payment methods, marketplace operations or customer-service practices. Material changes affecting existing contractual rights will be communicated and applied in accordance with the amendment provisions of the applicable BAJ Terms and any mandatory legal requirements.

An updated Policy will not retrospectively remove a refund right that had already accrued under applicable law or a confirmed booking condition before the update took effect.

CONTACT AND SUPPORT

Questions about a cancellation, refund, booking change or the operation of this Policy may be submitted through the support functions made available in the BAJ Platform or by email to help@baj.co.nz. Customers should include enough information to identify the relevant booking and issue so that BAJ can investigate efficiently.

BAJ does not publish a private residential address in this Policy. Where a statutory, regulatory, court or formal legal process requires an official service address or registered-office information, that information may be provided through the appropriate lawful channel.