Terms And Conditions

 

CONSUMER STANDARD TERMS OF SERVICE

AAG Transport and logistics Ltd, a company registered in Accra, Ghana (registration number: CS141870621 with TIN: C0061012580) whose registered address is located at F570/3 South Labadi Fourth Otswe St. Accra, Ghana (GPS: GL0073341) (5.5545999, -0.1646967). (“AAG: Ace Auto Group“, “we“, “our” or “us“).

We provide Passenger Services (as defined below) and Courier Services (as defined below) either via a Group Member (as defined below) licensed operator and/or Partner (as defined below) as set out in these Terms (as defined below) (collectively the “Services”).

When you book one or more Services (as defined below) these consumer standard terms together with all annexes, appendices, price lists and all linked pages indicated and documents referred to herein apply to your use of the Services (the “Terms”).

We keep these Terms (including pricing) updated and we amend them every so often. Please remember to check these Terms before you make a Booking (as defined below), as the latest set of Terms will apply to your Booking (as defined below).

CAPITALISED EXPRESSIONS IN THESE TERMS:

Additional Charges	means any and all charges other than the Charges payable by you in relation to a Passenger Services Booking and/or Courier Services Booking as set out in these Terms. A list of Additional Charges for Passenger Services is set out in Annex 1 and section 4 of these Terms. A List of Additional Charges for Courier Services are set out in Annex 2 and section 6 of these Terms.
Additional Waiting Time	means as defined in section 2.8 below.
Airport Inclusive Waiting Time	means as defined in Section 2.6 below.
Airport Transfer	means a Passenger Services Booking made to or from any of the following airports: Kotoka international airport, Kumasi airport, Tamale airport, Takoradi airport, Sunyani Airport.
Airport Meet and Greet Fee	means the amount payable for the Driver, Chauffeur or Partner (as applicable) to meet you at a pre- agreed meeting point with a name board at a Ghana airport as part of the performance of an Airport Booking.
App	means the AAG mobile application or any mobile application operated by a Group Member or a third party distribution channel, through which Bookings can be made.
As Directed Booking	means a Passenger Service Booking that: (i) is within the Ghana Postal Area; (ii) is restricted to a driving distance of less than 20km in any 1 hour period of hire; and (iii) in relation to Passenger Services has a minimum of 3 stops in the period of hire, where one or more Passenger(s) directs the Driver for the period of hire.
ASAP Booking	means a Passenger Service Booking for the next available Driver, Chauffeur or Partner (as applicable).
Booking	means a booking for a Driver, Chauffeur or Partner (as applicable) to provide (i) Passenger Services or (ii) Courier Services made using a Booking Channel.
	means the Site, App, Phone or certain third party distribution channels.
Business Day	means a day other than a Saturday, Sunday or National or Public Holiday and, when banks in Ghana are open for business and Business Hours shall be construed as 8.30am to 17:30pm on a Business Day.
Cancellation Fee	means the amount payable by you if you cancel a Booking. Cancellation Fees for Passenger Services are calculated in accordance with section 4 of these Terms. Cancellation Fees for Courier Services are calculated in accordance with section 6 of these Terms.
Card Payment	means payment in relation to a Booking, made by a credit card or debit card (as applicable).
Central Accra	means the Accra areas https://goo.gl/maps/Kqws4VMiFKyJoCm86 as may be varied from time to time.
Charges	means the charges payable by you for a Booking, as communicated to you when the Booking is made, and excluding the Additional Charges.
Christmas Period	means between 18:00 hours on 24 December to 08:00 hours on 27 December, in any year, and from 18:00 hours on 31 December to 08:00 on 2 January, in any year.
Collection Address Conditions	means the address provided by you at the time of making the Booking as the address from which the Vehicle or Courier Services Vehicle (as applicable) shall collect (i) you and/or your Passenger(s); or (ii) collect the Goods (as applicable). Changes to the Collection Address may be permitted subject to sections 2.3 and 2.4 means these terms and conditions (as distinct from the Terms).
Contract	means as defined in section 1.6.
Courier Services	means (i) the carriage or delivery of Goods in Ghana subject to availability; and (ii) the delivery of Goods nationally or internationally, by way of a Courier Services Vehicle, or by an Overnight Courier or International from the Collection Address to the Destination Address.
Courier Services Vehicle	means a Pushbike, Electric bike, Motorcycle or Motorbike, Parcel Van/Car, Small Van, Large Van or Luton Van accordingly, used for the carriage or delivery of Goods.
+Cycle	means a Booking for the carriage of one or two Passengers and one bicycle.
Destination Address	means the address stated by you at the time of making the Booking to which the Vehicle or Courier Services Vehicle (as applicable) shall deliver each Passenger or the Goods (as applicable). Changes to the Collection Address may be permitted subject to sections 2.3 and 2.4 below. means the respective Courier Services Booking for a single item/delivery.
Direct Motorbike/ Parcel Van/Car/Small Van/Large Van
Driver or Chauffeur	means any person contracted to AAG or any Group Member who drives a Vehicle or Courier Services Vehicle.
Drop-Off Fee	means a fee or charge applicable for dropping off Passengers at certain Destination Addresses which will be added to the Charges.
Executive Service	means a service performed by a Group Member or a Partner which includes an executive Chauffeur and a Honda Accord, Sonata, Camry or Mercedes E Class vehicle (or V-Class vehicle for Executive+ 5-6 people option) or similar (depending on region/country travelling in).
Premium Service	means a service performed by a Group Member or a Partner which includes a Chauffeur and a Mercedes S-Class (or V-Class vehicle for 5-6 people option) or similar (depending on region/country travelling in).
Partner	means (i) for Passenger Services a carefully selected third party private hire or licensed taxi service provider and (ii) for Courier Services a carefully selected third party for the provision of International Courier or Overnight Courier services, in each case on whose behalf AAG acts as agent.
Goods	means any permitted goods transported by us pursuant to a Courier Services Booking and which are not the Prohibited Goods.
Group Member	means any company which is a subsidiary or holding company from time to time of AAG
Inclusive Waiting Time	means as defined in section 2.5 of these Terms.
Intellectual Property Rights	means patents, patentable rights, copyright, design rights, utility models, trade marks (whether or not any of the above are registered), trade names, rights in domain names, rights in inventions, rights in data, database rights, rights in know-how and confidential information, and all other intellectual and industrial property and similar or analogous rights existing under the laws of any country and all pending applications for and right to apply for or register the same (present, future and contingent, and including all renewals, extensions, revivals and all accrued rights of action).
International	means a Courier Services Booking for the delivery of Goods outside Ghana.
Large Van	means the Courier Services for delivery of large Goods up to 1000kg, 4′ wide × 8′ long × 5′.
Local Partner Service	means the service provided by a Partner in a medium car/saloon/sedan vehicle (or for Local Partner+ an MPV/SUV or people carrier for 5-6 people) depending on model availability.
Accra Postal Area	means the areas corresponding to the postcode areas for Accra, as varied from time to time by the Ghana post GPS https://goo.gl/maps/kXybq1AoTipRNfj77.
Luton Van	means a Courier Services Vehicle that is a box van with tail lift that carries up to 1200 KG that must be booked in advance and is strictly subject to availability on Monday to Fridays between 07:00 to 19:00 GMT only.
Minor	means a child of less than 13 years of age.
Motorbike	means the Courier Services for delivery of small Goods up to 5kg, which fits within a standard A4 box.
National and Public Holiday	means the national and public holidays in the international locations that we deliver Courier Services.
Network Services	means Passenger Services that are provided by a Partner.
Network Service Terms	means the terms and conditions pursuant to which the Partner provides the Passenger Services as set out in Annex 3 of these Terms.
Out of Hours Charge	means fees for Courier Services Bookings: (i) performed outside of the hours 07:00-22:00 Monday to Friday; (ii) performed outside of the hours 07:00-19:00pm Saturday; (iii) performed outside of the hours 08:00-17:00 Sunday (iv) performed other than on Business Days (Christmas Period and Ghana Bank Holidays); and/or (v) where Goods have a dimension exceeding 3ft H x 4ft W x 5ft L.
Overnight Courier	means a Courier Services Booking for the delivery of Goods after 22:00 GMT for delivery of Goods on the next Business Day.
Parcel Van/Car	means the Courier Services for delivery of medium Goods up to 40kg, 2′ wide x 3′ tall x 18.
Parking Fee	means a fee or charge applicable for parking and / or entry to certain Collection Addresses and/or the Destination Address which will be added to the Charges in accordance with section four below.
Passenger(s)	means you and / or any other person on whose behalf a Passenger Services Booking is made.
Passenger Services	means the transportation of at least one Passenger (together with any applicable luggage), +Cycle or +Pet by a Vehicle from the Collection Address to the Destination Address and shall include Network Services.
Paystack Payment	means a payment for a Booking using the Paystack online financial service that allows you to pay for items using a secure internet account.
+Pet	means a Booking for at least one Passenger the carriage of domestic animals in a Passenger Vehicle.
Phone	means AAG’s, a Group Member’s or a third party distribution channel’s contact centre through which Bookings can be made.
Profile Prohibited Goods	means the personal user profile created for use of the Services in accordance with section 1 of these Terms. means as defined in section 5.6 of these Terms.
Pushbike	means the Courier Services for delivery of small Goods up to 3Kg. Pushbike delivery carries a standard A4 envelope.
Pre-Booked	means a Passenger Services Booking at a specified date, place and time.
Restricted Street	means any Collection Address or Destination Address which is subject to any parking law or regulation prohibiting any Vehicle or Courier Services Vehicle from entering, waiting and/or parking.
Return Journey	means Passenger Services in which a Driver picks up a Passenger from a Collection Address and drops a Passenger at a Destination Address which may or may not be the same as the Collection Address, via any other stops specified by the Passenger.
Same Day Collection	means the collection of the Goods by the Courier Services Driver on the same day as the Courier Services Booking was generated provided that such Booking was generated prior to 22:00 GMT.
Same Day Delivery	means the delivery of Goods by the Courier Services Driver to the Destination Address on the same day as the Goods were collected from the Collection Address.
Services	means the Passenger Services and Courier Services provided either directly by AAG or through a Group Member and/or Partner as set out in these Terms.
Small Van	means the Courier Services for delivery of  large Goods up to 700kg, 4′ wide × 5′ long × 3′ with a sliding door.
Standard Service	means a service delivered by AAG, Group Member or a Partner, which includes a professional Driver and a medium saloon Vehicle (or people carrier/MPV for Select+ for 5-6 people) depending on model availability.
Site	means the website at http://www.aagtransportandlogistics.com or such other website from time to time through which Bookings can be made.
Teenager	means children aged between 13 and 17.
Terms	means these terms and conditions as defined above.
Ghana Bank Holidays	means any bank holidays observed in Ghana.
Visa Checkout	means a payment for a Booking using the online financial service, operated by Visa, that allows you to pay for items using a secure internet account.
Vehicle	means a vehicle used for the carriage of Passengers.
Waiting Time Fee	means a fee chargeable when a Driver or Partner (as applicable) is required to wait for Passengers above the standard inclusive time, which will be added to the Charges in accordance with section two of these Terms or in the case of a Courier Services Booking as set out in the Additional Charges in Annex 2 of these Terms.
+Wheelchair –	means an accessible Vehicle for wheelchair users.

1.    THE SERVICES

1.1 In order to use the Services, you must create and maintain an active personal user profile (“Profile“). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if applicable and if different than 18), to set up a Profile.

1.2 Profile registration requires for you to submit certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by us. If you wish to make a Card payment, you will provide us with, and we shall store, the long number of your Card together with the Card expiry date, for each Card you upload to your Profile. You are responsible for all activity that occurs using your Profile, and you agree to maintain the security and secrecy of your Profile username and password at all times. You may only create one Profile unless otherwise agreed by us.

• Upon successful creation of a Profile, you may make Bookings for Passenger Services and/or Courier Services using the Booking Channels.

• A Booking may be for Courier Services, an ASAP Booking, an As Directed Booking, or may be Pre-Booked.

• You can make a +Cycle or +Pet Booking via the Booking Channels from time to time in the locations available. +Wheelchair (Bookings can only be booked by telephoning AAG’s contact centre, where we will confirm availability for the location requested. The Charges shall be as quoted at the time of making the Booking.

• A Booking constitutes an offer by you to purchase Services in accordance with these Terms. A Booking shall only be deemed to be accepted when we issue written confirmation of the Booking via text message, email or push notification from the App or on commencement of the Booking (whichever is the earlier), at which point and on which date and time a contract for the of those services to which the Booking relates shall come into existence (“Contract“). There is no obligation on us to accept a Booking and it may be declined for any reason.

• Each Contract for Services is between you and the Driver, Chauffeur or Partner (as applicable). As such, we are the disclosed agent for each Driver, Chauffeur or Partner (as applicable) for the purpose of arranging and agreeing Bookings between you and the Driver, or Chauffeur or Partner (as applicable). Each Driver, Chauffeur or Partner (as applicable) is responsible in each and every case, for the performance of the Services under a Contract.  AAG shall check that each Partner maintains motor insurance, regulatory and all other compliance obligations required by law and for best practice in the location in which the Partner provides Passenger Services.

• The Driver, Chauffeur or Partner (as applicable) (not us) is legally responsible for performing the Booking. We are responsible for providing you with customer service assistance and will at all times act as the point of contact for you for customer service questions.

• To the maximum extent permitted by law, we remain responsible solely for our obligations to you, as set out in these Terms, to the exclusion of all other Terms.

• Where your journey is fulfilled by a Driver or Chauffeur licensed by a Transport company in Ghana, AAG will contact you again via text message, email or push notification from the App, before the start of your journey, to confirm the Vehicle licence plate number, the driver’s contact details, the driver’s private hire Vehicle licence number and where a Passenger can receive it, a photo of the driver. When you make a Booking for Services that is not fulfilled by a driver licensed by a Transport company in Accra, AAG may, upon request, provide you with the name, contact details and/or Vehicle licence plate number of the relevant Driver or Chauffeur who will be fulfilling the Booking.

• AAG reserves the right on no notice to you to amend the Services if necessary to comply with any applicable law, statute, regulation, statutory instrument, directive and all other legislation or if the amendment will not materially affect the nature or quality of the Services.

• AAG shall use reasonable endeavours to provide a Vehicle of the type specified by you (and if such a Vehicle is not available, a reasonable alternative) within any time for so doing given by AAG.

• You are liable for any and all payment of Charges and Additional Charges for a Booking for all Services booked pursuant to these Terms and you must pay the Charges and Additional Charges for each Booking in full and without set-off.

• You may elect the method of payment for a Passenger Services and/or Courier Services Booking, made using the Site or App, from one of the following options; (i) Card Payment, or (ii) cash; or (iii)Momo (iv)Paystack (v)PayPal Payment and/or (vi)Visa Checkout.

• Where you make a Card Payment for a Booking, subject to section 1.17 below, we will process payment as follows: (i) in respect of the Charges prior to the Booking commencing and (ii) in respect of the Additional Charges after the Booking has completed, in each case using the Card used to make the Card Payment for the Charges relating to the Booking. In respect of Additional Charges, your Card will be debited a second time and will be identified on your Card statement as “AAG Extras”.

• If you have made a Passenger Services Booking and elected to make payment by cash, the Driver Chauffeur or Partner (as applicable) will in his/her sole discretion to collect the (i) Charges prior to the Booking commencing, or upon completion of the Booking and (ii) Additional Charges upon completion of the Passenger Services and/or Courier Services Booking.

• Where you make a Card Payment for a Passenger Services and/or Courier Services Booking and your Card Payment is declined by the Card-issuer or on its behalf, you agree that AAG or a Group Member reserves the right, on behalf of a Driver or Partner (as applicable), to use and take payment for Charges and/or Additional Charges from any other payment Card registered in your Profile in your sole name, where available.

1.18 In the event of that we are unable to collect payment for the Passenger Services and/or Courier Services Bookings, we shall be entitled to charge, and you shall be liable to pay monthly cumulative interest at a rate of 8% any amount outstanding until payment is made, both before and after any judgement.

2.    PASSENGER SERVICE CHARGES

2.1  On providing your Collection Address, Destination Address and selecting the Vehicle, you will receive a quotation showing the amount of the Charges for the requested journey.

2.2  The Charges are based on our chosen route between your Collection Address and Destination Address (via any other pick-up or drop-off points you specify at the time of making the Booking).

• We may permit changes to a Booking by a Passenger on whose behalf the Booking was made, and you acknowledge that you are liable for all Charges and Additional Charges for the Booking as changed. If a Booking change results in a full or partial refund to you, we will refund or credit your account with the difference for future Booking.

2.4  In relation to Passenger Services Additional Charges shall be payable if:

• you change the Collection Address and / or Destination Address or Vehicle type;
• you ask the Driver or Partner (as applicable), and the Driver or Partner (as applicable) agrees, to make any additional pick-ups or drop-offs;
• you require the Driver or Partner (as applicable) to take any variation of or follow a different route from our chosen route;
• you require the Vehicle to carry more passengers than indicated when making the Booking;
• you require the Driver or Partner (as applicable) to wait between the stops of a Return Journey;
• you or any other Passenger, domestic animal or Bicycle, soil contaminate or damage a Vehicle, in which case a cleaning fee up to a maximum of $150 shall be charged;tolls or road related charges are payable in relation to your Booking;
• you make an Airport Booking. For the avoidance of doubt an Airport Meet and Greet Fee is payable for each and every Airport Booking.
• a Parking Fee, Waiting Time Fee, Drop Off Fee and/or Cancellation Fee may be applicable to your Booking. The Parking Fee, Waiting Time Fee, Drop Off Fee and/or Cancellation Fee; and/or
• you do not specify that the Vehicle is to carry a bicycle or pet when making the Booking, and the Driver subsequently agrees to carry such bicycle or pet.

• Other than in relation to Airport Bookings where the waiting time shall be as set out in sections 2.6 and 2.7 below, each Customer shall have 5 minutes inclusive waiting time (“Inclusive Waiting Time“) for Passenger Services including in respect of each Passenger Services Booking performed by a Partner.

2.6  In relation to an Airport Booking, you can select the Driver, Chauffeur or Partner arrival time by entering your flight number at the time of the Booking. You may be entitled to the following airport inclusive waiting time (“Airport Inclusive Waiting Time“) applicable to the Passenger Services taken:

Airport Inclusive Waiting Time	Passenger Service
15 minutes for domestic flights and 30 minutes for international flights.	Standard, Executive and Premium and Partner where the Partner is supplying a Local Partner service

For example, and for illustrative purposes only:

You are due to land at Kotoka international airport on an inbound international flight at 06.30 and you specify a collection time of 07.00. Your Booking includes a grace period, Airport Waiting Time until 07.30. If your journey commences at 07.45, you will be charged 15 minutes’ waiting time in accordance with the Waiting Time Fees.

2.7  In the event that you exceed the Inclusive Waiting Time and/or Airport Inclusive Waiting Time (as applicable), you shall pay for any additional waiting time thereafter, in addition to the Charges for the Booking. In relation to the Inclusive Waiting Time you will be liable to pay a Waiting Time Fee from the 6th minute onwards. In relation to Airport inclusive Time you will be liable to pay a Waiting Time Fee from the 16th minute for domestic flights and/or from the 31st minute for international flights.

2.8  Any waiting time in excess of the Inclusive Waiting Time and/or Airport Inclusive Waiting Time (as applicable) will be charged per hour, and payable in 1 minute increments, applicable to the Passenger Services taken, (“Additional Waiting Time“) as follows.

• Standard Service waiting time and Partner waiting time where the Partner is supplying a Local Partner car service: $5 per hour;
• Executive Service waiting time and Partner waiting time where the Partner is supplying an Executive car service: $10 per hour;
• Premium Service waiting time and Partner waiting time where the Partner is supplying a Premium car service: $20 per hour.

2.9  Where you book a wait and return journey, there is no Inclusive Waiting Time between stops and Additional Waiting Time shall be payable at the rates set out in section 2.7(a)-(c) inclusive (as applicable), in respect of waiting time accumulated between the stops.

2.10  Drivers and/or Partners (as applicable) are unable to allow more than two minutes embarkation or disembarkation time in a Restricted Street. Where additional time is required, the Driver shall use best efforts to find a nearby convenient location for you or your Passengers to embark into the Vehicle and a Waiting Time Fee will be payable by you.

3.    PASSENGER SERVICES SPECIFIC TERMS

3.1  Airport Bookings.

When making an Airport Booking you must provide the flight number.  We use it to track your arrival time to calculate (i) Airport Inclusive Waiting Time; and (ii) Additional Waiting Time.

3.2  Minors and Teenagers. 

We will not allow unaccompanied Minors to travel alone in a Vehicle. We will notify the Minor’s parent or guardian and/or relevant regulatory authority, in the event that we suspect a Minor is travelling unaccompanied and shall advise that the Booking cannot be completed without the Minor being accompanied. In exceptional circumstances and subject to the parent/guardian’s consent, we may allow Teenagers to travel unaccompanied, provided that when making a Booking for any unaccompanied Teenager, you inform us that an unaccompanied Teenager will be travelling. Where a Booking is accepted for an unaccompanied Teenager, we will not deviate from the Destination Address except in an emergency. We may, at our discretion, decline to accept such Booking and we shall not be liable to you or be deemed to be in breach of these Terms if we decline to accept such Booking. We do not accept any additional responsibility for any Minor, or Teenager, who travels unaccompanied in a vehicle.

3.3 +Cycle and +Pet.

3.31  You must inform us when making a Booking if you or any Passenger wishes the Vehicle to transport a bicycle or domestic animals. Guide dogs are not subject to this condition and may be carried without notifying us when making a Passenger Services Booking.

3.32  +Cycle.

Each +Cycle Booking must be for a maximum of one bicycle and is subject to availability of an appropriately-sized and -configured Vehicle. To the maximum extent permitted by law, none of the Driver, or Partner (as applicable), or AAG or each AAG Group Member accepts any liability for any damage caused to a bicycle when loading, in transit or unloading a bicycle into a Passenger Vehicle. You are fully responsible for and accept full liability for any damage caused (including damage in transit).

3.33  +Pet.

A Passenger must be present in the Vehicle with the pet throughout the Booking journey. Each pet to be transported must be in an appropriate locked box or cage, or otherwise appropriately restrained. We will only accept a Passenger Services Booking for a domestic animal, such as a dog, cat or bird. You must not use the +Pet and/or any other Passenger Services for the carriage of livestock. AAG and/or each AAG Group Member, does not accept any liability for any damage to your pet during loading or unloading or throughout the provision of the Passenger Services.

3.34  Performance of a +Cycle  Booking and a +Pet Booking are at the Driver, Chauffeur or Partner’s discretion. In the event the Driver, Chauffeur or Partner declines a +Cycle Booking and/or +Pet Booking you should contact the customer relations team directly at be info@aagtransportandlogistics.com or on +233(0)302859289.

3.35  The Charges for a +Pet and/or +Cycle Bookings may be higher than other Bookings for other Passenger Services and will be communicated to you at the time you make the Passenger Services Booking. If you do not tell us beforehand that the Booking is for +Cycle and/or +Pet Passenger Services Booking then one of the following outcomes and the associated cost shall apply:

Outcome:	You will pay: $10
The Driver and /or Partner (as applicable) may cancel the Booking.	The Cancellation Fee.$5
The Driver and /or Partner (as applicable) may agree to carry the bicycle or pet anyway (provided that the Vehicle is capable of, and is equipped to, transport the bicycle or domestic animal).	The Charges plus any applicable Additional Charges for carriage of the bicycle or domestic animal.
The Driver and /or Partner (as applicable)  may refuse to transport the bicycle or domestic animal and where you agree transport you and any Passengers only.	The Charges.
The Driver and /or Partner (as applicable) may refuse to transport the bicycle or domestic animal and offer to make arrangements for another Vehicle to transport you and the bicycle or domestic animal.	The Cancellation Fee in respect of the first Booking, and the Charges (and any applicable Additional Charges) in respect of the +Cycle and/or  +Pet Passenger Services Booking

3.4  Postponing Pre-Booked Bookings In-App Snooze Function.

If your Booking is Pre-Booked and you have booked the journey using our App, you may use the App’s snooze function in locations where available, to postpone the arrival of your Driver for 15, 30, 45 or 60 minutes. The snooze function is not available for Airport Bookings, or where a Driver has been allocated to your journey as indicated in the App or by SMS. Using the snooze function does not give you any additional rights to cancel your Booking. We will not be responsible if the snooze function is not available.

• Passenger Property. If you or any Passenger leaves any property in a Vehicle, we will not be responsible for such property. Where a Driver finds such property, we will use reasonable efforts to store the property for 28 days and you can contact us by sending an email to info@aagtransportandlogistics.com with your booking number or journey information to have the property returned for which a charge may apply. After 28 days, we may return, sell, destroy or otherwise dispose of the property and we shall not be accountable to you for it.

3.6  Passenger conduct.

3.6.1  During the provision of any Passenger Services, you and all your Passengers must:

• not smoke, including electronic cigarettes;
• not play any musical instrument or broadcast any recorded music;
• not consume alcohol nor be intoxicated;
• wear a seatbelt at all times whilst in the Vehicle;
• not engage in excessive physical contact;
• not behave in a disorderly, inappropriate, threatening or abusive manner, or be a nuisance, distraction or a danger to the Driver or other road users;
• unload and load your own luggage (including any bicycle or pet). Drivers may assist at their discretion; and/or
• not film or record inside the Vehicle at any time.
• If you and any of your Passengers do not comply with the above conditions, the Driver may refuse to commence or continue your Booking, and you shall be charged a Cancellation Fee.
• Drivers and/or Partners (as applicable) may, at their discretion, assist you or your Passengers needing assistance to enter or exit the Vehicle, but shall do so at your risk.

4. PASSENGER SERVICES CANCELLATIONS

4.1  You may cancel a Passenger Services Booking for the provision of Passenger Services in Ghana without charge in the following circumstances:

• you made a Passenger Services Booking and a Driver, Chauffeur or Partner (as applicable) has not been allocated to the Passenger Servicer Booking.
• you made an ASAP Booking and the Driver takes more than 60 minutes longer to arrive at the Collection Address than originally quoted; or
• you made a Pre-Booked Booking and you have not received an SMS or in app push notification advising you that your Driver is on the way/details of your Driver such as the Vehicle licence plate number and the Driver’s contact details prior to the scheduled pick up time.

4.2  You acknowledge that if you change the Collection Address after the Driver, Chauffeur or Partner (as applicable) has been allocated, such Booking will be cancelled, and a new Booking will be made for the new Collection Address. You may therefore be liable for a Cancellation Fee and/or refund depending on the timing of the cancellation. Refunds are credited in accordance with section 2.3 above.

4.3 Where you or your Passengers do not appear for the Passenger Services Booking, a Cancellation Fee shall be charged.

4.4 Once a Vehicle has been allocated, subject to the location of the Collection Address, proximity of the allocated Vehicle to the Collection Address and available Vehicle at the time of the cancellation request, the cancellation fee shall be up to a maximum total of 100% of the quoted booking charge excluding any additional charges such as Waiting Time Fee and Parking Fee.

5. COURIER SERVICES SPECIFIC TERMS

5.1  We shall use reasonable endeavours to deliver all Goods consigned for delivery to the Destination Address identified in your Courier Services Booking. Any receipt obtained by us in respect of delivery of Goods shall be conclusive as to time, date and place of delivery.

5.2  During the Christmas Period, Ghana Bank Holidays and National and Public Holidays, the timescales for processing Courier Services Bookings and delivery of Goods to Designation Address will be adjusted to the next working day following the Christmas Period, Ghana Bank Holiday and National and Public Holidays.

5.3  You warrant to us that all Goods consigned for delivery are adequately packed and labelled with the Destination Address and identity of the party to whom they are to be delivered as well as your return address if this is different to the Collection Address.

5.4  A Driver may decline to accept or proceed with a Courier Services Booking where he reasonably believes that, unless this is communicated at the time of the Courier Services Booking, Goods weigh more than 20Kg, and are of a shape or dimensions that is likely to make lifting or loading difficult, or are otherwise not within the dimensions and weight requirements for the relevant Courier Services Booking.

5.5  You should not assist a Driver to lift or load the Goods and we are not, and you shall remain, liable for any injury or damage caused to you, the Goods or any other property or person by reason of the same even where the Driver invites or agrees to such assistance.

5.6  You shall not consign for delivery and we shall not be required to undertake delivery of the following:

• any Goods which are radioactive, toxic, flammable, explosive, noxious or otherwise of an inherently dangerous nature;
• any Goods that have an intrinsic value of over $1,000 unless that value has been notified to us, in writing at the time of Booking the Courier Services and we have agreed to undertake delivery thereof in writing and subject to you having arranged insurance for carriage thereof;
• any Goods, the possession of which is illegal or which it is illegal to export under the laws of Ghana or the laws of any country to or through which delivery is to be made;
• any Goods of a perishable nature that may deteriorate in transit unless agreed otherwise in writing by or on our behalf/on behalf of the Driver ;
• any Goods that are fragile and/or that are likely to be damaged in transit unless the precise nature of the Goods has been notified to us in writing at the time of making the Booking and we have agreed to undertake delivery thereof in writing and subject to you having arranged insurance for carriage thereof; or
• any bullion, precious metals, cash (coins or banknotes) precious stones, jewellery, antiques, works of art, livestock, animals, glass or part-glass items, marble, ceramics, security safes, pianos, house removals or perishable foodstuffs unless the precise nature of the Goods been notified to us, in writing at the time of making the Courier Services Booking and we have agreed to undertake delivery thereof in writing and subject to you having arranged insurance for carriage thereof (jointly and severally “Prohibited Goods”).

5.7  Should you consign Prohibited Goods for delivery as identified above we shall be entitled to return, destroy or otherwise dispose of such Prohibited Goods as we shall, in our absolute discretion, see fit and we shall have no liability to you whatsoever in respect of such Prohibited Goods howsoever arising. You agree to indemnify us in respect of all resulting costs, expenses and losses incurred by us as result of your consigning for delivery Prohibited Goods.

5.8  We shall have absolute discretion in respect of any Goods consigned for delivery as to the means of delivery, route and method of delivery, handling, storage and transportation thereof unless agreed otherwise in writing.

5.9 Delivery shall be complete when the Goods are delivered at the threshold on the ground floor of the Destination Address.

5.10  Subject to section 5.20 below, we do not insure any Goods consigned for delivery. It is therefore your responsibility to ensure that all Goods are appropriately insured. AAG and each AAG Group Member shall not accept liability for any loss or damage to any Goods, except as expressly set out in these Terms.

5.11  Each delivery of Goods shall be accompanied by a delivery note which shows the date of the delivery and any other relevant information. Upon delivery of the Goods, you and/or the recipient of the Goods at the Destination Address, having had a reasonable opportunity to inspect the Goods, shall sign the delivery note as confirmation that the Goods have been delivered and that no damage has been caused to the Goods in transit. If you believe that the Goods have been damaged, you must inform us without delay accompanied by a physical or electronic delivery note.

5.12  All Goods shall be ready for collection at the time stipulated by you on the Courier Services Booking, when the Courier Services Booking is made.

5.13  Where neither the Collection Address nor Destination Address is a Restricted Street, we will allow an aggregate of 10 minutes for loading and unloading, based on: (i) the later of the arrival of the Courier Services Vehicle at the Collection Address; or the booked time selected for collection of the Goods; and (ii) the arrival time at the Destination Address.

5.14  Where all Goods are not loaded at the Collection Address and unloaded at the Destination Address within the aggregate of 10 minutes as set out in this section 5.13, we reserve the right to charge a Waiting Time Fee, which will, for the avoidance of doubt, commence after the expiry of the above mentioned aggregate of 10 minutes.

5.15 For Goods transported by a Parcel Van/Car, Small Van, Large Van or Luton Van, each Customer shall have 10 minutes inclusive waiting time for each Courier Services Booking and thereafter waiting time shall be charged from the 11th minute onwards. For Goods transported by a Motorbike or Pushbike, each Customer shall have 5 minutes inclusive waiting time for each Courier Services Booking and thereafter waiting time shall be charged from the 6th minute onwards. Any waiting time in excess of the Courier Services inclusive waiting times will be charged per hour, and payable in 5 minutes increments for the applicable Courier Services taken in accordance with the Waiting Time Fees set out in Annex 2 of these Terms.

5.16  We shall not be responsible to pay any duty, tax or levy due or payable in delivering the Goods save where we have explicitly agreed this in writing at the time of accepting the Courier Services Booking.

5.17  Where we have paid any duty, tax or levy arising in delivering the Goods you agree and shall promptly reimburse these payments to AAG in addition to the Charges and Additional Charges for the Courier Services.

5.18  Overnight Courier Bookings and International Bookings may be made by email or by using the Communication Channels. Overnight Courier and International Bookings are fulfilled by one or more carefully selected third party companies. Such third party’s terms of service shall govern the provision by us to you of Overnight Courier and International Bookings. You shall pay for Overnight Courier and International Bookings in US Dollar ($) using a Card in accordance with these Terms.

5.19  The Charges payable for Overnight Courier Bookings and International Bookings shall be as quoted at the time of Booking. The Charges payable are based on the weight and the dimensions (width, depth and length) of the Goods. The dimensions of the Goods shall be divided by 5000 to give the volumetric weight. The Customer shall be charged the greater of the volumetric weight or the actual weight of the Goods.

5.21  The customer shall notify us at the time of Booking if it wishes to purchase additional goods in transit insurance. Such insurance shall be provided by the Partner that performs the Booking and not by us.

5.22  Each Luton Van Booking must be made in advance and is subject to limited Courier Services Vehicle availability.  ASAP Booking is not available for Luton Van Bookings.

6. COURIER SERVICE CANCELLATION

6.1. You may cancel a Courier Services Booking without charge, if a Courier Services Driver has not been allocated to the Courier Services Booking at the time of cancellation.

6.2  Subject to section 7 below, you acknowledge that if you change the Collection Address after the Courier Service Vehicle has been allocated to the Courier Services Booking such Booking will be cancelled. You will therefore be liable for a Cancellation Fee resulting therefrom. A new Courier Services Booking will be made for the new Collection Address.

6.3 Where the Goods are not ready for consignment at the Collection Address at the scheduled time of collection you shall pay 100% of the Booking.

6.4 Once a Courier Services Vehicle has been allocated, subject to the location of the Collection Address, proximity of the Courier Services Vehicle to the Collection Address and available Courier Services Vehicle at the time of the cancellation request, the cancellation fee shall be up to a maximum total of 100% of the quoted booking charge excluding any additional charges such as Waiting Time Fee and Parking Fee.

7. COURIER SERVICE CHARGES

7.1  On providing your Collection Address, Destination Address and selecting the Courier Services Vehicle, you will receive a quotation showing the amount of the Charges for the requested delivery.

7.2  Charges for the Courier Services Booking shall not include negotiating stairs at either the Collection Address or the Destination Address.

7.3  The following Additional Charges are payable in respect of Large Van Courier Services Bookings only:

• for a Courier Services Booking performed outside the hours of 07:00 to 20:00 GMT Monday to Friday;
• for a Courier Services Booking performed outside the hours of 07:00 to 18:00 GMT on a Saturday;for a Courier Services Booking performed outside the hours of 08:00 to 17:00 GMT on a Sunday;
• for a Courier Services Booking performed other than on Business Days (for example Christmas Period and Ghana and National Bank Holidays);
• for the delivery of Goods that have a dimension exceeding 3ft h x 4ft w x 5ft;
• for a change to the Collection Address and / or the Destination Address or Courier Services Vehicle type;
• if you require the Driver to wait at or between the Collection Address and/or Destination Address of the Goods;
• if the Goods contaminate or damage a Courier Services Vehicle, in which case a cleaning fee shall be charged;
• if the Driver is required to negotiate stairs at either the Collection Address or the Destination Address;
• for remote areas outside of the standard rates for International and Overnight Courier Services. The standard rates for Overnight Courier and International Courier Services are set out at Annex 2 of these Terms;
• for tolls or road related charges; and/or
• for Parking Fee(s), and Waiting Time Fee(s),and Out of Hours Charge and/or Cancellation Fee. The Parking Fee(s), and Waiting Time Fee(s), and Out of Hours Charge and/or Cancellation Fee.

7.4  We only provide certain Courier Services Vehicles and Luton Vans outside of Business Hours. You will be liable to pay an Out of Hours Charge in addition to the cost of transporting your Goods in such Courier Services Vehicles and/or Luton Vans.

7.5 Luton Van Courier Services Book shall be charged by the full hour and is inclusive of mileage (up to and including 1 hour). Any hours or part hours thereafter are charged at a rate of $40 per hour.

8. GENERAL OBLIGATIONS

8.1  We will use reasonable efforts to ensure that the Driver, Chauffeur or Partner (as applicable)  provides a Vehicle or in the case of Courier Service, the Courier Services Driver or Partner (as applicable) provides a Courier Services Vehicle which is in good working order and of the type you request when making the Booking. If the particular type of Vehicle or Courier Services Vehicle (as applicable) requested is not available, a reasonable alternative Vehicle or Courier Services Vehicle will be provided. Whilst we shall use all reasonable endeavours to provide the Passenger Services within the timeframes indicated in the Booking, time shall not be of the essence.

8.2   We shall be entitled to exercise a lien over any Goods and/ or property belonging to any Passenger until we receive full payment of any Charges and/or Additional Charges due to us.

8.3   We shall be entitled to vary the Charges and Additional Charges from time to time.

9. PROHIBITED USE OF THE BOOKING CHANNELS

9.1   You must not use our Booking Channels to do any of the following (each of which is strictly prohibited):

• restrict or inhibit any other user from using and enjoying the Booking Channels;
• infringe the privacy rights, property rights, or other civil rights of any person;
• harvest, data-mine or otherwise collect information about others, including email addresses, without their consent;
• use technology or other means to access our computer network, unauthorised content or non-public spaces;
• to use automated systems or software to extract data from our Site, our App or any platform that we operate;
• introduce or attempt to introduce any viruses or any other harmful code, files or programs that interrupt or otherwise or limit the Booking Channel’s functionality, or damage, disable or otherwise impair our servers or networks or attempt to do the same; or
• engage in or encourage others to engage in criminal or unlawful conduct or breach these Terms including misuse of the Booking Channels for unlawful or unauthorised purposes.

9.2   You agree not to breach these Terms in any way which may result in, amongst other things, termination or suspension of your access to the Booking Channels. You agree to indemnify and defend AAG and each Group Member and each of their respective directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use (or misuse) of the Booking Channels or any platform we may operate, or your breach of these Terms.

10. INTELLECTUAL PROPERTY

10.1  All Intellectual Property Rights belonging to AAG and/or any Group Member, including all related Intellectual Property Rights and moral rights to any modifications, derivative works, suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to those Intellectual Property Rights shall remain vested in AAG and/or the relevant Group Member (as applicable).

10.2  All Intellectual Property Rights in or to any AAG (Group Member) brand or trade mark shall remain vested in AAG and /or each Group Member. You may not use the AAG and/or any Group Member trade marks or brands for any purpose without AAG (and where applicable the Group Member’s) prior written consent.

10.3 All Intellectual Property Rights in or to the Booking Channels shall remain vested in AAG or the relevant Group Member (as applicable).

10.4  Where you use the Site or App to receive the Services, AAG or the relevant Group Member (as applicable) grants to you a royalty-free, non-exclusive, revocable, worldwide, non-transferable, non-sub licensable licence to use the Site and App for the sole purpose of receiving the Services.

10.5  All Intellectual Property Rights in or arising out of or in connection with the Booking Channels and/or the Services shall be owned by AAG (“Developments“). You shall assign to AAG, or shall procure the assignment to AAG of, all such rights (whether presently existing or to be created in the future) and agrees to execute, or procure the execution of, all documents reasonably necessary to give effect to AAG’s title to the Intellectual Property Rights in Developments.

11. LIABILITY

11.1  Nothing in these Terms will exclude or limit any liability:

• for death or personal injury caused by  negligence;
• for fraudulent misrepresentation or for any other fraudulent act or omission;
• to pay sums properly due and owing  in the normal course of performance of the Services and/or these Terms.; and/or
• for any warranty implied by law and/or for any other liability which may not lawfully be excluded or limited.

11.2   AAG and each Group Member  are not liable to you whether for breach of contract, tort (including negligence), breach of statutory duty or otherwise) for any:

• loss of profit;
• loss of sales, turnover, revenue or business;
• loss of customers or contracts;
• loss of or damage to reputation or goodwill;
• loss of opportunity;
• loss of software or data;
• loss or waste of time; and/or
• indirect, consequential or special loss

Arising out of or relating to these Terms, whether or not such loss was foreseeable or if such loss was advised of its possibility (and, for the purposes of this section 11.2, the term “loss” includes a partial loss or reduction in value as well as a complete or total loss).

11.3  AAG and each Group Member shall not be liable or responsible for any errors in or failure to provide the Services due to your error or failure to provide accurate and complete information.

11.4  Whilst we make every effort to ensure that the Booking Channels are available, we do not enter into any agreement to the effect that the Services and/or the Booking Channels will be available at all times or that the use by you of the Booking Channels will be entirely uninterrupted or error-free.

11.5  Except as otherwise set out in this section 11 AAG’s and each Group Member’s total liability to you, arising out of or relating to these Terms and/or any Contract and/or the Services and to anything which it has done or not done in connection with the same (whether from breach of contract, tort (including negligence), breach of statutory duty or otherwise) shall be limited to the higher of the following:

• in relation to any Services provided pursuant to a Contract for all claims arising from, or in relation to, any given event or series of connected events, the amount of the Charges payable (whether or not yet paid) by you to AAG or the relevant AAG Group Member for that Contract; or
• in the aggregate under these Terms: $150 (one hundred and fifty US Dollars).

12. YOUR INFORMATION

12.1  Our privacy notice sets out how we will use your information. You can view our privacy notice by visiting https://www.aagtransportandlogistics.com/privacy-notice/

12.2  If your details change, you must update your Profile, in order to continue to use the Services.

12.3  You can update your marketing preferences within your Profile on the Booking Channels.

13. MODIFICATION AND TERMINATION

13.1   We may modify these Terms or terminate use of the Services, and/or the Booking Channels at any time by publishing such change on our website, www.aagtransportandlogistics.com, or any other Booking Channel that we make available at our sole discretion. If you do not agree to any changes, you must stop using the Services and the Booking Channels. We reserve the right to change, suspend, terminate, discontinue and/or cease the operation of all or part of the Services and/or one or more (or all) of the Booking Channels (including for the avoidance of doubt any aspect of the Services and/or the Booking Channels) from time to time at our sole discretion.

14. SEVERABILITY

14.1  If any provision of these Terms is deemed or becomes invalid, the validity of the other provisions shall not be affected.

15. FORCE MAJEURE

15.1  We shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any of our obligations under these Terms if such delay or failure results from a circumstance not within our reasonable control. In such circumstances we shall be entitled to a reasonable extension of the time for performing such obligations.

16. CONTRACTS (RIGHTS OF THIRD PARTIES)

16.1   The Contracts (Rights of Third Parties) Act 1999 is excluded from these Terms SAVE AS set out in these Terms.

17. GOVERNING LAW AND JURISDICTION

17.1   You agree that these Terms for all purposes, shall be governed by and construed in accordance with the laws of England and Wales, Ghana. You also agree to submit to the exclusive jurisdiction of the courts of Ghana as regards any claim or matter arising under these Terms.

ANNEX 1

ADDITIONAL CHARGES – PASSENGER SERVICES

1.  Parking Fees

Entry and parking charges apply to the Ghana airports, shopping-centre car parks and railway stations below:

Pick – Up	Rate	Parking Time
Kotoka International 1, 2, 3,	$1.5	0 – 29 mins
	$2	30 – 44 mins
	$5	45 – 59 mins
	$15	60 – 120 mins
	$20	121 – 180 mins
	$25	181 – 240 mins
	$30	241 – 300 mins
Pick – Up
Kumasi Airport	$1	0 – 29 mins
	$2	30 – 44 mins
	$5	45 – 59 mins
	$15	60 – 120 mins
	$20	121 – 180 mins
Pick – Up
Takoradi Airport	$1.5	0 – 29 mins
	$2	30 – 44 mins
	$5	45 – 59 mins
	$15	60 – 120 mins
	$20	121 – 180 mins
Pick – Up
Sunyani Airport	$1	0 – 29 mins
	$2	30 – 44 mins
	$5	45 – 59 mins
	$15	60 – 120 mins
	$20	121 – 180 mins
Pick – Up
Tamale Airport	$1.5	0 – 29 mins
	$2	30 – 44 mins
	$5	45 – 59 mins
	$15	60 – 120 mins
	$20	121 – 180 mins

3. Drop-off charges

The following Drop-Off Charges apply to the locations below:

• Kotoka International Airport: $2 for the first 10 minutes, then $0.5 per minute thereafter.
• Kumasi Airport: $2 for the first 10 minutes, then $0.5 per minute thereafter.
• Takoradi Airport: G$2 for the first 10 minutes, then $0.5 per minute thereafter.
• Sunyani Airport: $2 for the first 10 minutes, then $0.5 per minute thereafter.
• Tamale Airport: $2 for the first 10 minutes, then $0.5 per minute thereafter.

4. Meet and Greet Fee

A charge of $30 is included in the quoted Airport Booking Charges where such Airport Booking is for airport collection.

ANNEX 2

ADDITIONAL CHARGES – COURIER SERVICES

1.    Waiting Time Fee

The following waiting time charges apply (per hour)
Pushbike	$1
Motorbike	$2
Parcel Van/Car	$3
Small Van	$4
Large Van	$5
Express Motorbike	$2
Express Parcel Van/Car	$3
Express Small Van	$4
Express Large Van	$5

2. Out of Hour Charges

Transit Van	$8
Lluton Van	$20
Express Large Van	$15

3. Luton Van Charges

Waiting time	N/a
Additional hourly rate	$8
Cancelled on arrival	$30
Out of hours	$15

If a Booking takes longer than 60 minutes, an additional $8 is chargeable.

Flower, fruit and vegetable market Drop-Off Fee: $8

Additional Charges for Overnight Courier and International Bookings are as follows:

Overnight Courier: Late collection surcharge (after 5pm)          $8

International: Late collection surcharge (after 5.30pm)              $25

Collections outside central Accra may incur a surcharge depending on location.

ANNEX 3

NETWORK SERVICE TERMS

These Network Service Terms govern the Network Services to be provided by the Partner and form the basis of all Contracts (as defined below) entered into between the user of the AAG Services in accordance with the AAG Consumer Standard Terms (“Customer”) and a Partner.

INTERPRETATION

1.1  Unless otherwise set out herein all capitalised terms set out in these Network Service Terms shall have the meaning set out in the Terms.

1.2  In the event of any conflict or inconsistency between these Network Services Terms, the Terms and the terms of any booking made by a Customer in accordance with these Network Services Terms (“Booking”), the following shall be the descending order of precedence: first, the Network Services Terms, second, the Conditions and, third, the terms of the relevant Booking, unless any provision of any Booking is expressly agreed in writing by the Partner or AAG, on behalf of the Partner, to override any provision of the Network Services Terms or the Conditions, in which case, the provision of the relevant Booking shall prevail.

2. BASIS OF NETWORK SERVICE TERMS

• The Partner has appointed AAG as its disclosed agent, acting as an intermediary between the Customer and the Partner (“Agency Arrangement“). The Customer acknowledges that AAG accepts Bookings as an agent for the Partner but is not a party to the Contract (as defined in paragraph 2.3 below).
• The Partner shall supply the Network Services to the Customer in accordance with the Network Services Terms in all material respects. Each such Booking, once accepted in accordance with paragraph 2.4, shall constitute a separate contract for the provision of the Network Services specified in such Booking, subject to Network Service Terms.
• A Booking constitutes an offer by the Customer to purchase Network Services in accordance with the Terms. The Booking shall only be deemed to be accepted when AAG, on behalf of the Fulfilment Partner, issues written acceptance of the Fulfilment Booking via email, text message or push notification from the App confirming the vehicle contact details and where available the driver who shall carry out the Booking (the “Driver”) Driver’s licence plate number, the Driver’s contact details and the Driver’s private hire vehicle licence number, or commencement of the Booking (whichever is the earlier), at which point and on which date and time a contract for the delivery of those services to which the Booking relates shall come into existence (“Contract“). AAG, on behalf of the Partner, in its absolute discretion may decline to accept any Booking.
• Subsequently Engaging any of the drivers or partners privately will subject both driver and passenger to a $100,000 fine.

3. SUPPLY OF SERVICES

• The Partner shall use all reasonable endeavours to meet any performance dates and times specified in a Booking but any such dates shall be estimates only and time shall not be of the essence for performance of the Network Services.
• The Partner reserves the right to amend the Network Services, if necessary, to comply with any Applicable Law or if the amendment will not materially affect the nature or quality of the Network Services. The Partner shall ensure that:
  • the Network Services shall be performed with reasonable care and skill; and
  • The Network Services will be provided in accordance with Good Industry Practice.

If any of these provisions are breached, the Customer must notify AAG, on behalf of the Partner, as soon as possible. The Customer must allow the Partner a reasonable time to remedy the breach, including (in the Partner’s discretion) by re-performing any relevant Network Services. This will be done without any additional charge to the Customer. If the Partner is able to do this within a reasonable time, this shall be the Customer’s sole and exclusive remedy in relation to such breach and the Partner will, subject to paragraph 7.1, have no other obligation or liability in relation to such breach.

• The Partner shall endeavour to provide a Passenger Vehicle of the type specified by the Customer (and in the event that such a Passenger Vehicle is not available, an alternative vehicle) within any time for so doing given by the Partner.
• The Customer acknowledges and agrees that unaccompanied Minors will not be permitted to travel alone in a Passenger Vehicle. AAG, on behalf of the Partner, will notify the Minor’s parent or guardian and/or relevant regulatory authority, in the event that it suspects a Minor is travelling unaccompanied, and advise that the Booking cannot be completed without the Minor being accompanied. In exceptional circumstances and subject to the parent/guardian’s consent, the Partner may allow Teenagers to travel unaccompanied, provided that when making a Booking for any unaccompanied Teenager, the Customer must inform AAG on behalf of the Partner that an unaccompanied Teenager will be travelling. AAG, on behalf of the Partner, may at its discretion decline to accept such Booking and the Partner shall not be liable to the Customer or be deemed to be in breach of the Contract if it declines to accept such Booking. The Partner does not accept any additional responsibility for any Minor, or Teenager, who travels unaccompanied in a Passenger Vehicle.
• The Partner may subcontract all or any part of the Network Services to any Drivers who are self-employed and contracted to the Partner (as opposed to being employees of the Partner) provided that the acts or omissions of the Drivers shall, as between the Partner and the Customer, be deemed to be the acts or omissions of Partner for the purposes of these Network Service Terms.

4. CHARGES

• All amounts due under the Contract and/or the Network Service Terms shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by Applicable Law) to AAG as disclosed Agent for the Partner.

5. INTELLECTUAL PROPERTY RIGHTS

• All Intellectual Property Rights belonging to a party prior to the entering into of any Contract, including all related intellectual property rights and moral rights to any modifications, derivative works, suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by any other party in relation to those Intellectual Property Rights shall remain vested in that party.
• All Intellectual Property Rights in or to any brand or trade mark shall remain vested in the owner of the relevant brand or trade mark and neither party’s trademarks or brands shall be used by the other party for any purpose without the other party’s prior written consent.

6. DATA PROTECTION AND DATA PROCESSING

• In relation to any and all Contracts, the Partner and the Customer shall:
  • at all times comply with the Data Protection Legislation; and
  • to the extent applicable under the Data Protection Legislation, obtain and maintain all appropriate registrations required in order to allow that party to perform its obligations pursuant to any Contract. notify each other of an individual within its organisation authorised to respond from time to time to enquiries regarding personal data. For the purpose of this section 6.1 (b) The Customer acknowledges and agrees that the Partner has nominated AAG in its capacity as disclosed agent to accept and  respond to the Customer’s enquiries relating to Personal Data in the performance of the Contracts on the Partners behalf having consulted with the Partner at all times.

7. LIMITATION OF LIABILITY

1. Neither the Partner nor the Customer is liability:
   • for death or personal injury caused by its negligence;
   • for fraudulent misrepresentation or for any other fraudulent act or omission;
   • to pay sums properly due and owing to the other in the normal course of performance of these Network Services Terms; or
   • for any other liability which may not lawfully be excluded or limited;

is excluded or limited by these Network Services Terms, even if any other term of any Contract otherwise would suggest that this might be the case.

• Subject to paragraph 7.1, neither the Partner nor the Customer shall be liable (whether for breach of contract, tort (including negligence), breach of statutory duty or otherwise) for any:
  • loss of profit;
  • loss of sales, turnover, revenue or business;
  • loss of customers or contracts;
  • loss of or damage to reputation or goodwill;
  • loss of opportunity;
  • loss of software or data;
  • loss or waste of management or other staff time; or
  • indirect, consequential or special loss;

arising out of or relating to any Contract, whether or not such loss was foreseeable or if the party which would otherwise be liable for such loss was advised of its possibility (and, for the purposes of this paragraph 7.2, the term “loss” includes a partial loss or reduction in value as well as a complete or total loss). Notwithstanding the foregoing, the exclusions in paragraphs 7.2(a) and (b) shall not apply to any loss suffered by the Partner in the event of the Customer’s wrongful termination of any Contract.

• Subject to paragraph 7.1, the Partner shall not be liable, whether in contract, tort (including negligence), breach of statutory duty, under any indemnity or otherwise, for any loss, damage, expense or liability incurred or sustained as a result of (a) the use of the Network Services in breach of any term of the Terms and / or the Network Services Terms; and/or (b) any processing in accordance with the Customer’s instructions following the Customer’s receipt of that information.

8. CONFIDENTIALITY

1. Each of the Customer and the Partner shall:
   • keep confidential all Confidential Information of the other party which it receives in connection with any Booking;
   • not copy or reproduce any part of it without the prior written approval of the other party, except as strictly necessary for the performance of its obligations under the Network Service Terms;
   • apply to it no lesser security measures and degree of care than those which it takes in protecting its own Confidential Information and in any event no less than that which a reasonable person or business would take in protecting its own confidential information;
   • only use such Confidential Information as strictly necessary for the performance of, or exercise of its rights under, any Contract;
   • subject to paragraph 8.2, not disclose such Confidential Information to any third party (other than its professional advisers, officers, employees, agents, contractors and subcontractors on a ‘need to know’ basis as strictly required for the purposes of any Contract and subject to each such person being bound by an obligation of confidentiality equivalent to this paragraph 7);
   • promptly, upon request return to the other party all materials (in whatever form) incorporating, embodying or recording any such Confidential Information in its possession or control and, if requested by the other party, certify in writing that it has done so; and
2. Either party may disclose the other’s Confidential Information to the extent required by law or by any court, tribunal, regulator or other authority with competent jurisdiction to order its disclosure (but only to the extent of such requirement).

9. TERM AND TERMINATION

All Contracts shall automatically terminate in the event that the Agency Arrangement terminates or expires (whichever terminates or expires first).

10. CONSEQUENCES OF TERMINATION

• Cancellation of any Booking will not have the effect of terminating the Network Service Terms or any other Booking, but termination of the Network Service Terms will automatically terminate all uncompleted Bookings and the Network Service Terms.
• Termination of the Network Service Terms will not affect:
  • any accrued rights or liabilities which either the Customer or the Fulfilment Partner may have by the time termination takes effect; or
  • the coming into force or the continuation in force of any of its provisions that expressly or by implication are intended to come into force or continue in force on or after termination.

11. FORCE MAJEURE

1. The Partner shall not be in breach of any Contract nor liable for delay in performing, or failure to perform, any of its obligations under any Contract if such delay or failure results from a Force Majeure Event. In such circumstances the Partner shall be entitled to a reasonable extension of the time for performing such obligations and shall be relieved of its Service Level obligations.

12. GENERAL

1. No failure or delay by a party to exercise any right or remedy provided under the Network Service Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

2. The rights and remedies provided under these Terms and these Network Service Terms are in addition to, and not exclusive of, any rights or remedies provided by law.

3. If any provision or part-provision of the Network Service Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this paragraph shall not affect the validity and enforceability of the rest of the Network Service Terms.

4. The Network Service Terms, any Booking and the Contract and any document referred to therein, constitutes the entire agreement between the Partner and the Customer and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

5. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Network Service Terms. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in the Network Service Terms.
6. The Customer shall not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under any Contract without the prior written consent of the Partner.

7. Nothing in these Network Service Terms are intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorise any party to make or enter into any commitments for or on behalf of any other party.

8. No variation of these Network Service Terms shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

9. Except as provided in the Terms or these Network Service Terms, a person who is not a party to the Terms or these Network Service Terms shall not have any rights under or in connection with it, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under the Conditions or these Network Service Term are not subject to the consent of any other person.

13. NOTICES

1. Any notice given to a party under or in connection with the Conditions or these Network Service Terms shall be in writing and, where such notice is addressed to the Partner, shall be delivered to AAG (acting as disclosed agent on behalf of the Partner in accordance with the Terms).

14. GOVERNING LAW AND JURISDICTION

1. The Network Service Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of Ghana. Each party irrevocably agrees that the courts of Ghana shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with Network Service Terms or its subject matter or formation (including non-contractual disputes or claims).

2. AAG Terms and Conditions for Courier Services shall apply to all AAG Request Bookings and in addition the following terms and conditions shall be incorporated into each AAG Request Booking:

• “AAG Request Booking” means a Booking for Courier Services in Ghana only for collection of Goods from a Vendor specified as the Collection Address and delivery to the Destination Address.
• “Order Confirmation” means the unique order confirmation number provided to you by a Vendor upon sale of Vendor’s Goods to you.
• “Vendor” means the seller from which you have purchased Goods.

1. Goods must have been purchased by you in advance of a Booking and the Order Confirmation must be provided to AAG at the time of the AAG Request Booking.
2. You shall be responsible for checking with the Vendor prior to the AAG Request Booking that AAG may use the Order Confirmation as evidence that a pick-up of the Goods has been authorised by you.  In the event that there is a delay caused by the Vendor or the Vendor does not agree to release the Goods to AAG for delivery, you may be liable for a Cancellation Fee and/or Waiting Time Fee.
3. The contract for the sale of Goods is between you and the Vendor.  AAG is engaged by you for a Request Booking for the provision of Courier Services only and shall not otherwise be liable for the Goods (including without limitation, payment for the Goods or condition of the Goods as provided by the Vendor).
4. You permit AAG to share the Order Confirmation and if required, personal data, with the Vendor for the purposes of the Request Booking.
5. AAG can accept Request Booking for electronic prescriptions for medicine (but not paper prescriptions) that have been received by a pharmacy and prepaid for by you.  AAG shall treat any Request Booking for medicine as standard Goods and you shall be responsible for ensuring that the intended recipient receives the medicine at the Destination Address.
6. AAG cannot guarantee the delivery of frozen or perishable products (e.g. food items) in the condition they were originally in. If you order such items we cannot be held accountable for the condition in which they arrive to you.

 

CONSUMER STANDARD TERMS OF SERVICE

AAG Transport and logistics Ltd, a company registered in Accra, Ghana (registration number: CS141870621 with TIN: C0061012580) whose registered address is located at F570/3 South Labadi Fourth Otswe St. Accra, Ghana (GPS: GL0073341) (5.5545999, -0.1646967). (“AAG: Ace Auto Group“, “we“, “our” or “us“).

We provide Passenger Services (as defined below) and Courier Services (as defined below) either via a Group Member (as defined below) licensed operator and/or Partner (as defined below) as set out in these Terms (as defined below) (collectively the “Services”).

When you book one or more Services (as defined below) these consumer standard terms together with all annexes, appendices, price lists and all linked pages indicated and documents referred to herein apply to your use of the Services (the “Terms”).

We keep these Terms (including pricing) updated and we amend them every so often. Please remember to check these Terms before you make a Booking (as defined below), as the latest set of Terms will apply to your Booking (as defined below).

CAPITALISED EXPRESSIONS IN THESE TERMS:

Additional Charges	means any and all charges other than the Charges payable by you in relation to a Passenger Services Booking and/or Courier Services Booking as set out in these Terms. A list of Additional Charges for Passenger Services is set out in Annex 1 and section 4 of these Terms. A List of Additional Charges for Courier Services are set out in Annex 2 and section 6 of these Terms.
Additional Waiting Time	means as defined in section 2.8 below.
Airport Inclusive Waiting Time	means as defined in Section 2.6 below.
Airport Transfer	means a Passenger Services Booking made to or from any of the following airports: Kotoka international airport, Kumasi airport, Tamale airport, Takoradi airport, Sunyani Airport.
Airport Meet and Greet Fee	means the amount payable for the Driver, Chauffeur or Partner (as applicable) to meet you at a pre- agreed meeting point with a name board at a Ghana airport as part of the performance of an Airport Booking.
App	means the AAG mobile application or any mobile application operated by a Group Member or a third party distribution channel, through which Bookings can be made.
As Directed Booking	means a Passenger Service Booking that: (i) is within the Ghana Postal Area; (ii) is restricted to a driving distance of less than 20km in any 1 hour period of hire; and (iii) in relation to Passenger Services has a minimum of 3 stops in the period of hire, where one or more Passenger(s) directs the Driver for the period of hire.
ASAP Booking	means a Passenger Service Booking for the next available Driver, Chauffeur or Partner (as applicable).
Booking	means a booking for a Driver, Chauffeur or Partner (as applicable) to provide (i) Passenger Services or (ii) Courier Services made using a Booking Channel.
	means the Site, App, Phone or certain third party distribution channels.
Business Day	means a day other than a Saturday, Sunday or National or Public Holiday and, when banks in Ghana are open for business and Business Hours shall be construed as 8.30am to 17:30pm on a Business Day.
Cancellation Fee	means the amount payable by you if you cancel a Booking. Cancellation Fees for Passenger Services are calculated in accordance with section 4 of these Terms. Cancellation Fees for Courier Services are calculated in accordance with section 6 of these Terms.
Card Payment	means payment in relation to a Booking, made by a credit card or debit card (as applicable).
Central Accra	means the Accra areas https://goo.gl/maps/Kqws4VMiFKyJoCm86 as may be varied from time to time.
Charges	means the charges payable by you for a Booking, as communicated to you when the Booking is made, and excluding the Additional Charges.
Christmas Period	means between 18:00 hours on 24 December to 08:00 hours on 27 December, in any year, and from 18:00 hours on 31 December to 08:00 on 2 January, in any year.
Collection Address Conditions	means the address provided by you at the time of making the Booking as the address from which the Vehicle or Courier Services Vehicle (as applicable) shall collect (i) you and/or your Passenger(s); or (ii) collect the Goods (as applicable). Changes to the Collection Address may be permitted subject to sections 2.3 and 2.4 means these terms and conditions (as distinct from the Terms).
Contract	means as defined in section 1.6.
Courier Services	means (i) the carriage or delivery of Goods in Ghana subject to availability; and (ii) the delivery of Goods nationally or internationally, by way of a Courier Services Vehicle, or by an Overnight Courier or International from the Collection Address to the Destination Address.
Courier Services Vehicle	means a Pushbike, Electric bike, Motorcycle or Motorbike, Parcel Van/Car, Small Van, Large Van or Luton Van accordingly, used for the carriage or delivery of Goods.
+Cycle	means a Booking for the carriage of one or two Passengers and one bicycle.
Destination Address	means the address stated by you at the time of making the Booking to which the Vehicle or Courier Services Vehicle (as applicable) shall deliver each Passenger or the Goods (as applicable). Changes to the Collection Address may be permitted subject to sections 2.3 and 2.4 below. means the respective Courier Services Booking for a single item/delivery.
Direct Motorbike/ Parcel Van/Car/Small Van/Large Van
Driver or Chauffeur	means any person contracted to AAG or any Group Member who drives a Vehicle or Courier Services Vehicle.
Drop-Off Fee	means a fee or charge applicable for dropping off Passengers at certain Destination Addresses which will be added to the Charges.
Executive Service	means a service performed by a Group Member or a Partner which includes an executive Chauffeur and a Honda Accord, Sonata, Camry or Mercedes E Class vehicle (or V-Class vehicle for Executive+ 5-6 people option) or similar (depending on region/country travelling in).
Premium Service	means a service performed by a Group Member or a Partner which includes a Chauffeur and a Mercedes S-Class (or V-Class vehicle for 5-6 people option) or similar (depending on region/country travelling in).
Partner	means (i) for Passenger Services a carefully selected third party private hire or licensed taxi service provider and (ii) for Courier Services a carefully selected third party for the provision of International Courier or Overnight Courier services, in each case on whose behalf AAG acts as agent.
Goods	means any permitted goods transported by us pursuant to a Courier Services Booking and which are not the Prohibited Goods.
Group Member	means any company which is a subsidiary or holding company from time to time of AAG
Inclusive Waiting Time	means as defined in section 2.5 of these Terms.
Intellectual Property Rights	means patents, patentable rights, copyright, design rights, utility models, trade marks (whether or not any of the above are registered), trade names, rights in domain names, rights in inventions, rights in data, database rights, rights in know-how and confidential information, and all other intellectual and industrial property and similar or analogous rights existing under the laws of any country and all pending applications for and right to apply for or register the same (present, future and contingent, and including all renewals, extensions, revivals and all accrued rights of action).
International	means a Courier Services Booking for the delivery of Goods outside Ghana.
Large Van	means the Courier Services for delivery of large Goods up to 1000kg, 4′ wide × 8′ long × 5′.
Local Partner Service	means the service provided by a Partner in a medium car/saloon/sedan vehicle (or for Local Partner+ an MPV/SUV or people carrier for 5-6 people) depending on model availability.
Accra Postal Area	means the areas corresponding to the postcode areas for Accra, as varied from time to time by the Ghana post GPS https://goo.gl/maps/kXybq1AoTipRNfj77.
Luton Van	means a Courier Services Vehicle that is a box van with tail lift that carries up to 1200 KG that must be booked in advance and is strictly subject to availability on Monday to Fridays between 07:00 to 19:00 GMT only.
Minor	means a child of less than 13 years of age.
Motorbike	means the Courier Services for delivery of small Goods up to 5kg, which fits within a standard A4 box.
National and Public Holiday	means the national and public holidays in the international locations that we deliver Courier Services.
Network Services	means Passenger Services that are provided by a Partner.
Network Service Terms	means the terms and conditions pursuant to which the Partner provides the Passenger Services as set out in Annex 3 of these Terms.
Out of Hours Charge	means fees for Courier Services Bookings: (i) performed outside of the hours 07:00-22:00 Monday to Friday; (ii) performed outside of the hours 07:00-19:00pm Saturday; (iii) performed outside of the hours 08:00-17:00 Sunday (iv) performed other than on Business Days (Christmas Period and Ghana Bank Holidays); and/or (v) where Goods have a dimension exceeding 3ft H x 4ft W x 5ft L.
Overnight Courier	means a Courier Services Booking for the delivery of Goods after 22:00 GMT for delivery of Goods on the next Business Day.
Parcel Van/Car	means the Courier Services for delivery of medium Goods up to 40kg, 2′ wide x 3′ tall x 18.
Parking Fee	means a fee or charge applicable for parking and / or entry to certain Collection Addresses and/or the Destination Address which will be added to the Charges in accordance with section four below.
Passenger(s)	means you and / or any other person on whose behalf a Passenger Services Booking is made.
Passenger Services	means the transportation of at least one Passenger (together with any applicable luggage), +Cycle or +Pet by a Vehicle from the Collection Address to the Destination Address and shall include Network Services.
Paystack Payment	means a payment for a Booking using the Paystack online financial service that allows you to pay for items using a secure internet account.
+Pet	means a Booking for at least one Passenger the carriage of domestic animals in a Passenger Vehicle.
Phone	means AAG’s, a Group Member’s or a third party distribution channel’s contact centre through which Bookings can be made.
Profile Prohibited Goods	means the personal user profile created for use of the Services in accordance with section 1 of these Terms. means as defined in section 5.6 of these Terms.
Pushbike	means the Courier Services for delivery of small Goods up to 3Kg. Pushbike delivery carries a standard A4 envelope.
Pre-Booked	means a Passenger Services Booking at a specified date, place and time.
Restricted Street	means any Collection Address or Destination Address which is subject to any parking law or regulation prohibiting any Vehicle or Courier Services Vehicle from entering, waiting and/or parking.
Return Journey	means Passenger Services in which a Driver picks up a Passenger from a Collection Address and drops a Passenger at a Destination Address which may or may not be the same as the Collection Address, via any other stops specified by the Passenger.
Same Day Collection	means the collection of the Goods by the Courier Services Driver on the same day as the Courier Services Booking was generated provided that such Booking was generated prior to 22:00 GMT.
Same Day Delivery	means the delivery of Goods by the Courier Services Driver to the Destination Address on the same day as the Goods were collected from the Collection Address.
Services	means the Passenger Services and Courier Services provided either directly by AAG or through a Group Member and/or Partner as set out in these Terms.
Small Van	means the Courier Services for delivery of  large Goods up to 700kg, 4′ wide × 5′ long × 3′ with a sliding door.
Standard Service	means a service delivered by AAG, Group Member or a Partner, which includes a professional Driver and a medium saloon Vehicle (or people carrier/MPV for Select+ for 5-6 people) depending on model availability.
Site	means the website at http://www.aagtransportandlogistics.com or such other website from time to time through which Bookings can be made.
Teenager	means children aged between 13 and 17.
Terms	means these terms and conditions as defined above.
Ghana Bank Holidays	means any bank holidays observed in Ghana.
Visa Checkout	means a payment for a Booking using the online financial service, operated by Visa, that allows you to pay for items using a secure internet account.
Vehicle	means a vehicle used for the carriage of Passengers.
Waiting Time Fee	means a fee chargeable when a Driver or Partner (as applicable) is required to wait for Passengers above the standard inclusive time, which will be added to the Charges in accordance with section two of these Terms or in the case of a Courier Services Booking as set out in the Additional Charges in Annex 2 of these Terms.
+Wheelchair –	means an accessible Vehicle for wheelchair users.

1.    THE SERVICES

1.1 In order to use the Services, you must create and maintain an active personal user profile (“Profile“). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if applicable and if different than 18), to set up a Profile.

1.2 Profile registration requires for you to submit certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by us. If you wish to make a Card payment, you will provide us with, and we shall store, the long number of your Card together with the Card expiry date, for each Card you upload to your Profile. You are responsible for all activity that occurs using your Profile, and you agree to maintain the security and secrecy of your Profile username and password at all times. You may only create one Profile unless otherwise agreed by us.

• Upon successful creation of a Profile, you may make Bookings for Passenger Services and/or Courier Services using the Booking Channels.

• A Booking may be for Courier Services, an ASAP Booking, an As Directed Booking, or may be Pre-Booked.

• You can make a +Cycle or +Pet Booking via the Booking Channels from time to time in the locations available. +Wheelchair (Bookings can only be booked by telephoning AAG’s contact centre, where we will confirm availability for the location requested. The Charges shall be as quoted at the time of making the Booking.

• A Booking constitutes an offer by you to purchase Services in accordance with these Terms. A Booking shall only be deemed to be accepted when we issue written confirmation of the Booking via text message, email or push notification from the App or on commencement of the Booking (whichever is the earlier), at which point and on which date and time a contract for the of those services to which the Booking relates shall come into existence (“Contract“). There is no obligation on us to accept a Booking and it may be declined for any reason.

• Each Contract for Services is between you and the Driver, Chauffeur or Partner (as applicable). As such, we are the disclosed agent for each Driver, Chauffeur or Partner (as applicable) for the purpose of arranging and agreeing Bookings between you and the Driver, or Chauffeur or Partner (as applicable). Each Driver, Chauffeur or Partner (as applicable) is responsible in each and every case, for the performance of the Services under a Contract.  AAG shall check that each Partner maintains motor insurance, regulatory and all other compliance obligations required by law and for best practice in the location in which the Partner provides Passenger Services.

• The Driver, Chauffeur or Partner (as applicable) (not us) is legally responsible for performing the Booking. We are responsible for providing you with customer service assistance and will at all times act as the point of contact for you for customer service questions.

• To the maximum extent permitted by law, we remain responsible solely for our obligations to you, as set out in these Terms, to the exclusion of all other Terms.

• Where your journey is fulfilled by a Driver or Chauffeur licensed by a Transport company in Ghana, AAG will contact you again via text message, email or push notification from the App, before the start of your journey, to confirm the Vehicle licence plate number, the driver’s contact details, the driver’s private hire Vehicle licence number and where a Passenger can receive it, a photo of the driver. When you make a Booking for Services that is not fulfilled by a driver licensed by a Transport company in Accra, AAG may, upon request, provide you with the name, contact details and/or Vehicle licence plate number of the relevant Driver or Chauffeur who will be fulfilling the Booking.

• AAG reserves the right on no notice to you to amend the Services if necessary to comply with any applicable law, statute, regulation, statutory instrument, directive and all other legislation or if the amendment will not materially affect the nature or quality of the Services.

• AAG shall use reasonable endeavours to provide a Vehicle of the type specified by you (and if such a Vehicle is not available, a reasonable alternative) within any time for so doing given by AAG.

• You are liable for any and all payment of Charges and Additional Charges for a Booking for all Services booked pursuant to these Terms and you must pay the Charges and Additional Charges for each Booking in full and without set-off.

• You may elect the method of payment for a Passenger Services and/or Courier Services Booking, made using the Site or App, from one of the following options; (i) Card Payment, or (ii) cash; or (iii)Momo (iv)Paystack (v)PayPal Payment and/or (vi)Visa Checkout.

• Where you make a Card Payment for a Booking, subject to section 1.17 below, we will process payment as follows: (i) in respect of the Charges prior to the Booking commencing and (ii) in respect of the Additional Charges after the Booking has completed, in each case using the Card used to make the Card Payment for the Charges relating to the Booking. In respect of Additional Charges, your Card will be debited a second time and will be identified on your Card statement as “AAG Extras”.

• If you have made a Passenger Services Booking and elected to make payment by cash, the Driver Chauffeur or Partner (as applicable) will in his/her sole discretion to collect the (i) Charges prior to the Booking commencing, or upon completion of the Booking and (ii) Additional Charges upon completion of the Passenger Services and/or Courier Services Booking.

• Where you make a Card Payment for a Passenger Services and/or Courier Services Booking and your Card Payment is declined by the Card-issuer or on its behalf, you agree that AAG or a Group Member reserves the right, on behalf of a Driver or Partner (as applicable), to use and take payment for Charges and/or Additional Charges from any other payment Card registered in your Profile in your sole name, where available.

1.18 In the event of that we are unable to collect payment for the Passenger Services and/or Courier Services Bookings, we shall be entitled to charge, and you shall be liable to pay monthly cumulative interest at a rate of 8% any amount outstanding until payment is made, both before and after any judgement.

2.    PASSENGER SERVICE CHARGES

2.1  On providing your Collection Address, Destination Address and selecting the Vehicle, you will receive a quotation showing the amount of the Charges for the requested journey.

2.2  The Charges are based on our chosen route between your Collection Address and Destination Address (via any other pick-up or drop-off points you specify at the time of making the Booking).

• We may permit changes to a Booking by a Passenger on whose behalf the Booking was made, and you acknowledge that you are liable for all Charges and Additional Charges for the Booking as changed. If a Booking change results in a full or partial refund to you, we will refund or credit your account with the difference for future Booking.

2.4  In relation to Passenger Services Additional Charges shall be payable if:

• you change the Collection Address and / or Destination Address or Vehicle type;
• you ask the Driver or Partner (as applicable), and the Driver or Partner (as applicable) agrees, to make any additional pick-ups or drop-offs;
• you require the Driver or Partner (as applicable) to take any variation of or follow a different route from our chosen route;
• you require the Vehicle to carry more passengers than indicated when making the Booking;
• you require the Driver or Partner (as applicable) to wait between the stops of a Return Journey;
• you or any other Passenger, domestic animal or Bicycle, soil contaminate or damage a Vehicle, in which case a cleaning fee up to a maximum of $150 shall be charged;tolls or road related charges are payable in relation to your Booking;
• you make an Airport Booking. For the avoidance of doubt an Airport Meet and Greet Fee is payable for each and every Airport Booking.
• a Parking Fee, Waiting Time Fee, Drop Off Fee and/or Cancellation Fee may be applicable to your Booking. The Parking Fee, Waiting Time Fee, Drop Off Fee and/or Cancellation Fee; and/or
• you do not specify that the Vehicle is to carry a bicycle or pet when making the Booking, and the Driver subsequently agrees to carry such bicycle or pet.

• Other than in relation to Airport Bookings where the waiting time shall be as set out in sections 2.6 and 2.7 below, each Customer shall have 5 minutes inclusive waiting time (“Inclusive Waiting Time“) for Passenger Services including in respect of each Passenger Services Booking performed by a Partner.

2.6  In relation to an Airport Booking, you can select the Driver, Chauffeur or Partner arrival time by entering your flight number at the time of the Booking. You may be entitled to the following airport inclusive waiting time (“Airport Inclusive Waiting Time“) applicable to the Passenger Services taken:

Airport Inclusive Waiting Time	Passenger Service
15 minutes for domestic flights and 30 minutes for international flights.	Standard, Executive and Premium and Partner where the Partner is supplying a Local Partner service

For example, and for illustrative purposes only:

You are due to land at Kotoka international airport on an inbound international flight at 06.30 and you specify a collection time of 07.00. Your Booking includes a grace period, Airport Waiting Time until 07.30. If your journey commences at 07.45, you will be charged 15 minutes’ waiting time in accordance with the Waiting Time Fees.

2.7  In the event that you exceed the Inclusive Waiting Time and/or Airport Inclusive Waiting Time (as applicable), you shall pay for any additional waiting time thereafter, in addition to the Charges for the Booking. In relation to the Inclusive Waiting Time you will be liable to pay a Waiting Time Fee from the 6th minute onwards. In relation to Airport inclusive Time you will be liable to pay a Waiting Time Fee from the 16th minute for domestic flights and/or from the 31st minute for international flights.

2.8  Any waiting time in excess of the Inclusive Waiting Time and/or Airport Inclusive Waiting Time (as applicable) will be charged per hour, and payable in 1 minute increments, applicable to the Passenger Services taken, (“Additional Waiting Time“) as follows.

• Standard Service waiting time and Partner waiting time where the Partner is supplying a Local Partner car service: $5 per hour;
• Executive Service waiting time and Partner waiting time where the Partner is supplying an Executive car service: $10 per hour;
• Premium Service waiting time and Partner waiting time where the Partner is supplying a Premium car service: $20 per hour.

2.9  Where you book a wait and return journey, there is no Inclusive Waiting Time between stops and Additional Waiting Time shall be payable at the rates set out in section 2.7(a)-(c) inclusive (as applicable), in respect of waiting time accumulated between the stops.

2.10  Drivers and/or Partners (as applicable) are unable to allow more than two minutes embarkation or disembarkation time in a Restricted Street. Where additional time is required, the Driver shall use best efforts to find a nearby convenient location for you or your Passengers to embark into the Vehicle and a Waiting Time Fee will be payable by you.

3.    PASSENGER SERVICES SPECIFIC TERMS

3.1  Airport Bookings.

When making an Airport Booking you must provide the flight number.  We use it to track your arrival time to calculate (i) Airport Inclusive Waiting Time; and (ii) Additional Waiting Time.

3.2  Minors and Teenagers. 

We will not allow unaccompanied Minors to travel alone in a Vehicle. We will notify the Minor’s parent or guardian and/or relevant regulatory authority, in the event that we suspect a Minor is travelling unaccompanied and shall advise that the Booking cannot be completed without the Minor being accompanied. In exceptional circumstances and subject to the parent/guardian’s consent, we may allow Teenagers to travel unaccompanied, provided that when making a Booking for any unaccompanied Teenager, you inform us that an unaccompanied Teenager will be travelling. Where a Booking is accepted for an unaccompanied Teenager, we will not deviate from the Destination Address except in an emergency. We may, at our discretion, decline to accept such Booking and we shall not be liable to you or be deemed to be in breach of these Terms if we decline to accept such Booking. We do not accept any additional responsibility for any Minor, or Teenager, who travels unaccompanied in a vehicle.

3.3 +Cycle and +Pet.

3.31  You must inform us when making a Booking if you or any Passenger wishes the Vehicle to transport a bicycle or domestic animals. Guide dogs are not subject to this condition and may be carried without notifying us when making a Passenger Services Booking.

3.32  +Cycle.

Each +Cycle Booking must be for a maximum of one bicycle and is subject to availability of an appropriately-sized and -configured Vehicle. To the maximum extent permitted by law, none of the Driver, or Partner (as applicable), or AAG or each AAG Group Member accepts any liability for any damage caused to a bicycle when loading, in transit or unloading a bicycle into a Passenger Vehicle. You are fully responsible for and accept full liability for any damage caused (including damage in transit).

3.33  +Pet.

A Passenger must be present in the Vehicle with the pet throughout the Booking journey. Each pet to be transported must be in an appropriate locked box or cage, or otherwise appropriately restrained. We will only accept a Passenger Services Booking for a domestic animal, such as a dog, cat or bird. You must not use the +Pet and/or any other Passenger Services for the carriage of livestock. AAG and/or each AAG Group Member, does not accept any liability for any damage to your pet during loading or unloading or throughout the provision of the Passenger Services.

3.34  Performance of a +Cycle  Booking and a +Pet Booking are at the Driver, Chauffeur or Partner’s discretion. In the event the Driver, Chauffeur or Partner declines a +Cycle Booking and/or +Pet Booking you should contact the customer relations team directly at be info@aagtransportandlogistics.com or on +233(0)302859289.

3.35  The Charges for a +Pet and/or +Cycle Bookings may be higher than other Bookings for other Passenger Services and will be communicated to you at the time you make the Passenger Services Booking. If you do not tell us beforehand that the Booking is for +Cycle and/or +Pet Passenger Services Booking then one of the following outcomes and the associated cost shall apply:

Outcome:	You will pay: $10
The Driver and /or Partner (as applicable) may cancel the Booking.	The Cancellation Fee.$5
The Driver and /or Partner (as applicable) may agree to carry the bicycle or pet anyway (provided that the Vehicle is capable of, and is equipped to, transport the bicycle or domestic animal).	The Charges plus any applicable Additional Charges for carriage of the bicycle or domestic animal.
The Driver and /or Partner (as applicable)  may refuse to transport the bicycle or domestic animal and where you agree transport you and any Passengers only.	The Charges.
The Driver and /or Partner (as applicable) may refuse to transport the bicycle or domestic animal and offer to make arrangements for another Vehicle to transport you and the bicycle or domestic animal.	The Cancellation Fee in respect of the first Booking, and the Charges (and any applicable Additional Charges) in respect of the +Cycle and/or  +Pet Passenger Services Booking

3.4  Postponing Pre-Booked Bookings In-App Snooze Function.

If your Booking is Pre-Booked and you have booked the journey using our App, you may use the App’s snooze function in locations where available, to postpone the arrival of your Driver for 15, 30, 45 or 60 minutes. The snooze function is not available for Airport Bookings, or where a Driver has been allocated to your journey as indicated in the App or by SMS. Using the snooze function does not give you any additional rights to cancel your Booking. We will not be responsible if the snooze function is not available.

• Passenger Property. If you or any Passenger leaves any property in a Vehicle, we will not be responsible for such property. Where a Driver finds such property, we will use reasonable efforts to store the property for 28 days and you can contact us by sending an email to info@aagtransportandlogistics.com with your booking number or journey information to have the property returned for which a charge may apply. After 28 days, we may return, sell, destroy or otherwise dispose of the property and we shall not be accountable to you for it.

3.6  Passenger conduct.

3.6.1  During the provision of any Passenger Services, you and all your Passengers must:

• not smoke, including electronic cigarettes;
• not play any musical instrument or broadcast any recorded music;
• not consume alcohol nor be intoxicated;
• wear a seatbelt at all times whilst in the Vehicle;
• not engage in excessive physical contact;
• not behave in a disorderly, inappropriate, threatening or abusive manner, or be a nuisance, distraction or a danger to the Driver or other road users;
• unload and load your own luggage (including any bicycle or pet). Drivers may assist at their discretion; and/or
• not film or record inside the Vehicle at any time.
• If you and any of your Passengers do not comply with the above conditions, the Driver may refuse to commence or continue your Booking, and you shall be charged a Cancellation Fee.
• Drivers and/or Partners (as applicable) may, at their discretion, assist you or your Passengers needing assistance to enter or exit the Vehicle, but shall do so at your risk.

4. PASSENGER SERVICES CANCELLATIONS

4.1  You may cancel a Passenger Services Booking for the provision of Passenger Services in Ghana without charge in the following circumstances:

• you made a Passenger Services Booking and a Driver, Chauffeur or Partner (as applicable) has not been allocated to the Passenger Servicer Booking.
• you made an ASAP Booking and the Driver takes more than 60 minutes longer to arrive at the Collection Address than originally quoted; or
• you made a Pre-Booked Booking and you have not received an SMS or in app push notification advising you that your Driver is on the way/details of your Driver such as the Vehicle licence plate number and the Driver’s contact details prior to the scheduled pick up time.

4.2  You acknowledge that if you change the Collection Address after the Driver, Chauffeur or Partner (as applicable) has been allocated, such Booking will be cancelled, and a new Booking will be made for the new Collection Address. You may therefore be liable for a Cancellation Fee and/or refund depending on the timing of the cancellation. Refunds are credited in accordance with section 2.3 above.

4.3 Where you or your Passengers do not appear for the Passenger Services Booking, a Cancellation Fee shall be charged.

4.4 Once a Vehicle has been allocated, subject to the location of the Collection Address, proximity of the allocated Vehicle to the Collection Address and available Vehicle at the time of the cancellation request, the cancellation fee shall be up to a maximum total of 100% of the quoted booking charge excluding any additional charges such as Waiting Time Fee and Parking Fee.

5. COURIER SERVICES SPECIFIC TERMS

5.1  We shall use reasonable endeavours to deliver all Goods consigned for delivery to the Destination Address identified in your Courier Services Booking. Any receipt obtained by us in respect of delivery of Goods shall be conclusive as to time, date and place of delivery.

5.2  During the Christmas Period, Ghana Bank Holidays and National and Public Holidays, the timescales for processing Courier Services Bookings and delivery of Goods to Designation Address will be adjusted to the next working day following the Christmas Period, Ghana Bank Holiday and National and Public Holidays.

5.3  You warrant to us that all Goods consigned for delivery are adequately packed and labelled with the Destination Address and identity of the party to whom they are to be delivered as well as your return address if this is different to the Collection Address.

5.4  A Driver may decline to accept or proceed with a Courier Services Booking where he reasonably believes that, unless this is communicated at the time of the Courier Services Booking, Goods weigh more than 20Kg, and are of a shape or dimensions that is likely to make lifting or loading difficult, or are otherwise not within the dimensions and weight requirements for the relevant Courier Services Booking.

5.5  You should not assist a Driver to lift or load the Goods and we are not, and you shall remain, liable for any injury or damage caused to you, the Goods or any other property or person by reason of the same even where the Driver invites or agrees to such assistance.

5.6  You shall not consign for delivery and we shall not be required to undertake delivery of the following:

• any Goods which are radioactive, toxic, flammable, explosive, noxious or otherwise of an inherently dangerous nature;
• any Goods that have an intrinsic value of over $1,000 unless that value has been notified to us, in writing at the time of Booking the Courier Services and we have agreed to undertake delivery thereof in writing and subject to you having arranged insurance for carriage thereof;
• any Goods, the possession of which is illegal or which it is illegal to export under the laws of Ghana or the laws of any country to or through which delivery is to be made;
• any Goods of a perishable nature that may deteriorate in transit unless agreed otherwise in writing by or on our behalf/on behalf of the Driver ;
• any Goods that are fragile and/or that are likely to be damaged in transit unless the precise nature of the Goods has been notified to us in writing at the time of making the Booking and we have agreed to undertake delivery thereof in writing and subject to you having arranged insurance for carriage thereof; or
• any bullion, precious metals, cash (coins or banknotes) precious stones, jewellery, antiques, works of art, livestock, animals, glass or part-glass items, marble, ceramics, security safes, pianos, house removals or perishable foodstuffs unless the precise nature of the Goods been notified to us, in writing at the time of making the Courier Services Booking and we have agreed to undertake delivery thereof in writing and subject to you having arranged insurance for carriage thereof (jointly and severally “Prohibited Goods”).

5.7  Should you consign Prohibited Goods for delivery as identified above we shall be entitled to return, destroy or otherwise dispose of such Prohibited Goods as we shall, in our absolute discretion, see fit and we shall have no liability to you whatsoever in respect of such Prohibited Goods howsoever arising. You agree to indemnify us in respect of all resulting costs, expenses and losses incurred by us as result of your consigning for delivery Prohibited Goods.

5.8  We shall have absolute discretion in respect of any Goods consigned for delivery as to the means of delivery, route and method of delivery, handling, storage and transportation thereof unless agreed otherwise in writing.

5.9 Delivery shall be complete when the Goods are delivered at the threshold on the ground floor of the Destination Address.

5.10  Subject to section 5.20 below, we do not insure any Goods consigned for delivery. It is therefore your responsibility to ensure that all Goods are appropriately insured. AAG and each AAG Group Member shall not accept liability for any loss or damage to any Goods, except as expressly set out in these Terms.

5.11  Each delivery of Goods shall be accompanied by a delivery note which shows the date of the delivery and any other relevant information. Upon delivery of the Goods, you and/or the recipient of the Goods at the Destination Address, having had a reasonable opportunity to inspect the Goods, shall sign the delivery note as confirmation that the Goods have been delivered and that no damage has been caused to the Goods in transit. If you believe that the Goods have been damaged, you must inform us without delay accompanied by a physical or electronic delivery note.

5.12  All Goods shall be ready for collection at the time stipulated by you on the Courier Services Booking, when the Courier Services Booking is made.

5.13  Where neither the Collection Address nor Destination Address is a Restricted Street, we will allow an aggregate of 10 minutes for loading and unloading, based on: (i) the later of the arrival of the Courier Services Vehicle at the Collection Address; or the booked time selected for collection of the Goods; and (ii) the arrival time at the Destination Address.

5.14  Where all Goods are not loaded at the Collection Address and unloaded at the Destination Address within the aggregate of 10 minutes as set out in this section 5.13, we reserve the right to charge a Waiting Time Fee, which will, for the avoidance of doubt, commence after the expiry of the above mentioned aggregate of 10 minutes.

5.15 For Goods transported by a Parcel Van/Car, Small Van, Large Van or Luton Van, each Customer shall have 10 minutes inclusive waiting time for each Courier Services Booking and thereafter waiting time shall be charged from the 11th minute onwards. For Goods transported by a Motorbike or Pushbike, each Customer shall have 5 minutes inclusive waiting time for each Courier Services Booking and thereafter waiting time shall be charged from the 6th minute onwards. Any waiting time in excess of the Courier Services inclusive waiting times will be charged per hour, and payable in 5 minutes increments for the applicable Courier Services taken in accordance with the Waiting Time Fees set out in Annex 2 of these Terms.

5.16  We shall not be responsible to pay any duty, tax or levy due or payable in delivering the Goods save where we have explicitly agreed this in writing at the time of accepting the Courier Services Booking.

5.17  Where we have paid any duty, tax or levy arising in delivering the Goods you agree and shall promptly reimburse these payments to AAG in addition to the Charges and Additional Charges for the Courier Services.

5.18  Overnight Courier Bookings and International Bookings may be made by email or by using the Communication Channels. Overnight Courier and International Bookings are fulfilled by one or more carefully selected third party companies. Such third party’s terms of service shall govern the provision by us to you of Overnight Courier and International Bookings. You shall pay for Overnight Courier and International Bookings in US Dollar ($) using a Card in accordance with these Terms.

5.19  The Charges payable for Overnight Courier Bookings and International Bookings shall be as quoted at the time of Booking. The Charges payable are based on the weight and the dimensions (width, depth and length) of the Goods. The dimensions of the Goods shall be divided by 5000 to give the volumetric weight. The Customer shall be charged the greater of the volumetric weight or the actual weight of the Goods.

5.21  The customer shall notify us at the time of Booking if it wishes to purchase additional goods in transit insurance. Such insurance shall be provided by the Partner that performs the Booking and not by us.

5.22  Each Luton Van Booking must be made in advance and is subject to limited Courier Services Vehicle availability.  ASAP Booking is not available for Luton Van Bookings.

6. COURIER SERVICE CANCELLATION

6.1. You may cancel a Courier Services Booking without charge, if a Courier Services Driver has not been allocated to the Courier Services Booking at the time of cancellation.

6.2  Subject to section 7 below, you acknowledge that if you change the Collection Address after the Courier Service Vehicle has been allocated to the Courier Services Booking such Booking will be cancelled. You will therefore be liable for a Cancellation Fee resulting therefrom. A new Courier Services Booking will be made for the new Collection Address.

6.3 Where the Goods are not ready for consignment at the Collection Address at the scheduled time of collection you shall pay 100% of the Booking.

6.4 Once a Courier Services Vehicle has been allocated, subject to the location of the Collection Address, proximity of the Courier Services Vehicle to the Collection Address and available Courier Services Vehicle at the time of the cancellation request, the cancellation fee shall be up to a maximum total of 100% of the quoted booking charge excluding any additional charges such as Waiting Time Fee and Parking Fee.

7. COURIER SERVICE CHARGES

7.1  On providing your Collection Address, Destination Address and selecting the Courier Services Vehicle, you will receive a quotation showing the amount of the Charges for the requested delivery.

7.2  Charges for the Courier Services Booking shall not include negotiating stairs at either the Collection Address or the Destination Address.

7.3  The following Additional Charges are payable in respect of Large Van Courier Services Bookings only:

• for a Courier Services Booking performed outside the hours of 07:00 to 20:00 GMT Monday to Friday;
• for a Courier Services Booking performed outside the hours of 07:00 to 18:00 GMT on a Saturday;for a Courier Services Booking performed outside the hours of 08:00 to 17:00 GMT on a Sunday;
• for a Courier Services Booking performed other than on Business Days (for example Christmas Period and Ghana and National Bank Holidays);
• for the delivery of Goods that have a dimension exceeding 3ft h x 4ft w x 5ft;
• for a change to the Collection Address and / or the Destination Address or Courier Services Vehicle type;
• if you require the Driver to wait at or between the Collection Address and/or Destination Address of the Goods;
• if the Goods contaminate or damage a Courier Services Vehicle, in which case a cleaning fee shall be charged;
• if the Driver is required to negotiate stairs at either the Collection Address or the Destination Address;
• for remote areas outside of the standard rates for International and Overnight Courier Services. The standard rates for Overnight Courier and International Courier Services are set out at Annex 2 of these Terms;
• for tolls or road related charges; and/or
• for Parking Fee(s), and Waiting Time Fee(s),and Out of Hours Charge and/or Cancellation Fee. The Parking Fee(s), and Waiting Time Fee(s), and Out of Hours Charge and/or Cancellation Fee.

7.4  We only provide certain Courier Services Vehicles and Luton Vans outside of Business Hours. You will be liable to pay an Out of Hours Charge in addition to the cost of transporting your Goods in such Courier Services Vehicles and/or Luton Vans.

7.5 Luton Van Courier Services Book shall be charged by the full hour and is inclusive of mileage (up to and including 1 hour). Any hours or part hours thereafter are charged at a rate of $40 per hour.

8. GENERAL OBLIGATIONS

8.1  We will use reasonable efforts to ensure that the Driver, Chauffeur or Partner (as applicable)  provides a Vehicle or in the case of Courier Service, the Courier Services Driver or Partner (as applicable) provides a Courier Services Vehicle which is in good working order and of the type you request when making the Booking. If the particular type of Vehicle or Courier Services Vehicle (as applicable) requested is not available, a reasonable alternative Vehicle or Courier Services Vehicle will be provided. Whilst we shall use all reasonable endeavours to provide the Passenger Services within the timeframes indicated in the Booking, time shall not be of the essence.

8.2   We shall be entitled to exercise a lien over any Goods and/ or property belonging to any Passenger until we receive full payment of any Charges and/or Additional Charges due to us.

8.3   We shall be entitled to vary the Charges and Additional Charges from time to time.

9. PROHIBITED USE OF THE BOOKING CHANNELS

9.1   You must not use our Booking Channels to do any of the following (each of which is strictly prohibited):

• restrict or inhibit any other user from using and enjoying the Booking Channels;
• infringe the privacy rights, property rights, or other civil rights of any person;
• harvest, data-mine or otherwise collect information about others, including email addresses, without their consent;
• use technology or other means to access our computer network, unauthorised content or non-public spaces;
• to use automated systems or software to extract data from our Site, our App or any platform that we operate;
• introduce or attempt to introduce any viruses or any other harmful code, files or programs that interrupt or otherwise or limit the Booking Channel’s functionality, or damage, disable or otherwise impair our servers or networks or attempt to do the same; or
• engage in or encourage others to engage in criminal or unlawful conduct or breach these Terms including misuse of the Booking Channels for unlawful or unauthorised purposes.

9.2   You agree not to breach these Terms in any way which may result in, amongst other things, termination or suspension of your access to the Booking Channels. You agree to indemnify and defend AAG and each Group Member and each of their respective directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use (or misuse) of the Booking Channels or any platform we may operate, or your breach of these Terms.

10. INTELLECTUAL PROPERTY

10.1  All Intellectual Property Rights belonging to AAG and/or any Group Member, including all related Intellectual Property Rights and moral rights to any modifications, derivative works, suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to those Intellectual Property Rights shall remain vested in AAG and/or the relevant Group Member (as applicable).

10.2  All Intellectual Property Rights in or to any AAG (Group Member) brand or trade mark shall remain vested in AAG and /or each Group Member. You may not use the AAG and/or any Group Member trade marks or brands for any purpose without AAG (and where applicable the Group Member’s) prior written consent.

10.3 All Intellectual Property Rights in or to the Booking Channels shall remain vested in AAG or the relevant Group Member (as applicable).

10.4  Where you use the Site or App to receive the Services, AAG or the relevant Group Member (as applicable) grants to you a royalty-free, non-exclusive, revocable, worldwide, non-transferable, non-sub licensable licence to use the Site and App for the sole purpose of receiving the Services.

10.5  All Intellectual Property Rights in or arising out of or in connection with the Booking Channels and/or the Services shall be owned by AAG (“Developments“). You shall assign to AAG, or shall procure the assignment to AAG of, all such rights (whether presently existing or to be created in the future) and agrees to execute, or procure the execution of, all documents reasonably necessary to give effect to AAG’s title to the Intellectual Property Rights in Developments.

11. LIABILITY

11.1  Nothing in these Terms will exclude or limit any liability:

• for death or personal injury caused by  negligence;
• for fraudulent misrepresentation or for any other fraudulent act or omission;
• to pay sums properly due and owing  in the normal course of performance of the Services and/or these Terms.; and/or
• for any warranty implied by law and/or for any other liability which may not lawfully be excluded or limited.

11.2   AAG and each Group Member  are not liable to you whether for breach of contract, tort (including negligence), breach of statutory duty or otherwise) for any:

• loss of profit;
• loss of sales, turnover, revenue or business;
• loss of customers or contracts;
• loss of or damage to reputation or goodwill;
• loss of opportunity;
• loss of software or data;
• loss or waste of time; and/or
• indirect, consequential or special loss

Arising out of or relating to these Terms, whether or not such loss was foreseeable or if such loss was advised of its possibility (and, for the purposes of this section 11.2, the term “loss” includes a partial loss or reduction in value as well as a complete or total loss).

11.3  AAG and each Group Member shall not be liable or responsible for any errors in or failure to provide the Services due to your error or failure to provide accurate and complete information.

11.4  Whilst we make every effort to ensure that the Booking Channels are available, we do not enter into any agreement to the effect that the Services and/or the Booking Channels will be available at all times or that the use by you of the Booking Channels will be entirely uninterrupted or error-free.

11.5  Except as otherwise set out in this section 11 AAG’s and each Group Member’s total liability to you, arising out of or relating to these Terms and/or any Contract and/or the Services and to anything which it has done or not done in connection with the same (whether from breach of contract, tort (including negligence), breach of statutory duty or otherwise) shall be limited to the higher of the following:

• in relation to any Services provided pursuant to a Contract for all claims arising from, or in relation to, any given event or series of connected events, the amount of the Charges payable (whether or not yet paid) by you to AAG or the relevant AAG Group Member for that Contract; or
• in the aggregate under these Terms: $150 (one hundred and fifty US Dollars).

12. YOUR INFORMATION

12.1  Our privacy notice sets out how we will use your information. You can view our privacy notice by visiting https://www.aagtransportandlogistics.com/privacy-notice/

12.2  If your details change, you must update your Profile, in order to continue to use the Services.

12.3  You can update your marketing preferences within your Profile on the Booking Channels.

13. MODIFICATION AND TERMINATION

13.1   We may modify these Terms or terminate use of the Services, and/or the Booking Channels at any time by publishing such change on our website, www.aagtransportandlogistics.com, or any other Booking Channel that we make available at our sole discretion. If you do not agree to any changes, you must stop using the Services and the Booking Channels. We reserve the right to change, suspend, terminate, discontinue and/or cease the operation of all or part of the Services and/or one or more (or all) of the Booking Channels (including for the avoidance of doubt any aspect of the Services and/or the Booking Channels) from time to time at our sole discretion.

14. SEVERABILITY

14.1  If any provision of these Terms is deemed or becomes invalid, the validity of the other provisions shall not be affected.

15. FORCE MAJEURE

15.1  We shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any of our obligations under these Terms if such delay or failure results from a circumstance not within our reasonable control. In such circumstances we shall be entitled to a reasonable extension of the time for performing such obligations.

16. CONTRACTS (RIGHTS OF THIRD PARTIES)

16.1   The Contracts (Rights of Third Parties) Act 1999 is excluded from these Terms SAVE AS set out in these Terms.

17. GOVERNING LAW AND JURISDICTION

17.1   You agree that these Terms for all purposes, shall be governed by and construed in accordance with the laws of England and Wales, Ghana. You also agree to submit to the exclusive jurisdiction of the courts of Ghana as regards any claim or matter arising under these Terms.

ANNEX 1

ADDITIONAL CHARGES – PASSENGER SERVICES

1.  Parking Fees

Entry and parking charges apply to the Ghana airports, shopping-centre car parks and railway stations below:

Pick – Up	Rate	Parking Time
Kotoka International 1, 2, 3,	$1.5	0 – 29 mins
	$2	30 – 44 mins
	$5	45 – 59 mins
	$15	60 – 120 mins
	$20	121 – 180 mins
	$25	181 – 240 mins
	$30	241 – 300 mins
Pick – Up
Kumasi Airport	$1	0 – 29 mins
	$2	30 – 44 mins
	$5	45 – 59 mins
	$15	60 – 120 mins
	$20	121 – 180 mins
Pick – Up
Takoradi Airport	$1.5	0 – 29 mins
	$2	30 – 44 mins
	$5	45 – 59 mins
	$15	60 – 120 mins
	$20	121 – 180 mins
Pick – Up
Sunyani Airport	$1	0 – 29 mins
	$2	30 – 44 mins
	$5	45 – 59 mins
	$15	60 – 120 mins
	$20	121 – 180 mins
Pick – Up
Tamale Airport	$1.5	0 – 29 mins
	$2	30 – 44 mins
	$5	45 – 59 mins
	$15	60 – 120 mins
	$20	121 – 180 mins

3. Drop-off charges

The following Drop-Off Charges apply to the locations below:

• Kotoka International Airport: $2 for the first 10 minutes, then $0.5 per minute thereafter.
• Kumasi Airport: $2 for the first 10 minutes, then $0.5 per minute thereafter.
• Takoradi Airport: G$2 for the first 10 minutes, then $0.5 per minute thereafter.
• Sunyani Airport: $2 for the first 10 minutes, then $0.5 per minute thereafter.
• Tamale Airport: $2 for the first 10 minutes, then $0.5 per minute thereafter.

4. Meet and Greet Fee

A charge of $30 is included in the quoted Airport Booking Charges where such Airport Booking is for airport collection.

ANNEX 2

ADDITIONAL CHARGES – COURIER SERVICES

1.    Waiting Time Fee

The following waiting time charges apply (per hour)
Pushbike	$1
Motorbike	$2
Parcel Van/Car	$3
Small Van	$4
Large Van	$5
Express Motorbike	$2
Express Parcel Van/Car	$3
Express Small Van	$4
Express Large Van	$5

2. Out of Hour Charges

Transit Van	$8
Lluton Van	$20
Express Large Van	$15

3. Luton Van Charges

Waiting time	N/a
Additional hourly rate	$8
Cancelled on arrival	$30
Out of hours	$15

If a Booking takes longer than 60 minutes, an additional $8 is chargeable.

Flower, fruit and vegetable market Drop-Off Fee: $8

Additional Charges for Overnight Courier and International Bookings are as follows:

Overnight Courier: Late collection surcharge (after 5pm)          $8

International: Late collection surcharge (after 5.30pm)              $25

Collections outside central Accra may incur a surcharge depending on location.

ANNEX 3

NETWORK SERVICE TERMS

These Network Service Terms govern the Network Services to be provided by the Partner and form the basis of all Contracts (as defined below) entered into between the user of the AAG Services in accordance with the AAG Consumer Standard Terms (“Customer”) and a Partner.

INTERPRETATION

1.1  Unless otherwise set out herein all capitalised terms set out in these Network Service Terms shall have the meaning set out in the Terms.

1.2  In the event of any conflict or inconsistency between these Network Services Terms, the Terms and the terms of any booking made by a Customer in accordance with these Network Services Terms (“Booking”), the following shall be the descending order of precedence: first, the Network Services Terms, second, the Conditions and, third, the terms of the relevant Booking, unless any provision of any Booking is expressly agreed in writing by the Partner or AAG, on behalf of the Partner, to override any provision of the Network Services Terms or the Conditions, in which case, the provision of the relevant Booking shall prevail.

2. BASIS OF NETWORK SERVICE TERMS

• The Partner has appointed AAG as its disclosed agent, acting as an intermediary between the Customer and the Partner (“Agency Arrangement“). The Customer acknowledges that AAG accepts Bookings as an agent for the Partner but is not a party to the Contract (as defined in paragraph 2.3 below).
• The Partner shall supply the Network Services to the Customer in accordance with the Network Services Terms in all material respects. Each such Booking, once accepted in accordance with paragraph 2.4, shall constitute a separate contract for the provision of the Network Services specified in such Booking, subject to Network Service Terms.
• A Booking constitutes an offer by the Customer to purchase Network Services in accordance with the Terms. The Booking shall only be deemed to be accepted when AAG, on behalf of the Fulfilment Partner, issues written acceptance of the Fulfilment Booking via email, text message or push notification from the App confirming the vehicle contact details and where available the driver who shall carry out the Booking (the “Driver”) Driver’s licence plate number, the Driver’s contact details and the Driver’s private hire vehicle licence number, or commencement of the Booking (whichever is the earlier), at which point and on which date and time a contract for the delivery of those services to which the Booking relates shall come into existence (“Contract“). AAG, on behalf of the Partner, in its absolute discretion may decline to accept any Booking.
• Subsequently Engaging any of the drivers or partners privately will subject both driver and passenger to a $100,000 fine.

3. SUPPLY OF SERVICES

• The Partner shall use all reasonable endeavours to meet any performance dates and times specified in a Booking but any such dates shall be estimates only and time shall not be of the essence for performance of the Network Services.
• The Partner reserves the right to amend the Network Services, if necessary, to comply with any Applicable Law or if the amendment will not materially affect the nature or quality of the Network Services. The Partner shall ensure that:
  • the Network Services shall be performed with reasonable care and skill; and
  • The Network Services will be provided in accordance with Good Industry Practice.

If any of these provisions are breached, the Customer must notify AAG, on behalf of the Partner, as soon as possible. The Customer must allow the Partner a reasonable time to remedy the breach, including (in the Partner’s discretion) by re-performing any relevant Network Services. This will be done without any additional charge to the Customer. If the Partner is able to do this within a reasonable time, this shall be the Customer’s sole and exclusive remedy in relation to such breach and the Partner will, subject to paragraph 7.1, have no other obligation or liability in relation to such breach.

• The Partner shall endeavour to provide a Passenger Vehicle of the type specified by the Customer (and in the event that such a Passenger Vehicle is not available, an alternative vehicle) within any time for so doing given by the Partner.
• The Customer acknowledges and agrees that unaccompanied Minors will not be permitted to travel alone in a Passenger Vehicle. AAG, on behalf of the Partner, will notify the Minor’s parent or guardian and/or relevant regulatory authority, in the event that it suspects a Minor is travelling unaccompanied, and advise that the Booking cannot be completed without the Minor being accompanied. In exceptional circumstances and subject to the parent/guardian’s consent, the Partner may allow Teenagers to travel unaccompanied, provided that when making a Booking for any unaccompanied Teenager, the Customer must inform AAG on behalf of the Partner that an unaccompanied Teenager will be travelling. AAG, on behalf of the Partner, may at its discretion decline to accept such Booking and the Partner shall not be liable to the Customer or be deemed to be in breach of the Contract if it declines to accept such Booking. The Partner does not accept any additional responsibility for any Minor, or Teenager, who travels unaccompanied in a Passenger Vehicle.
• The Partner may subcontract all or any part of the Network Services to any Drivers who are self-employed and contracted to the Partner (as opposed to being employees of the Partner) provided that the acts or omissions of the Drivers shall, as between the Partner and the Customer, be deemed to be the acts or omissions of Partner for the purposes of these Network Service Terms.

4. CHARGES

• All amounts due under the Contract and/or the Network Service Terms shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by Applicable Law) to AAG as disclosed Agent for the Partner.

5. INTELLECTUAL PROPERTY RIGHTS

• All Intellectual Property Rights belonging to a party prior to the entering into of any Contract, including all related intellectual property rights and moral rights to any modifications, derivative works, suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by any other party in relation to those Intellectual Property Rights shall remain vested in that party.
• All Intellectual Property Rights in or to any brand or trade mark shall remain vested in the owner of the relevant brand or trade mark and neither party’s trademarks or brands shall be used by the other party for any purpose without the other party’s prior written consent.

6. DATA PROTECTION AND DATA PROCESSING

• In relation to any and all Contracts, the Partner and the Customer shall:
  • at all times comply with the Data Protection Legislation; and
  • to the extent applicable under the Data Protection Legislation, obtain and maintain all appropriate registrations required in order to allow that party to perform its obligations pursuant to any Contract. notify each other of an individual within its organisation authorised to respond from time to time to enquiries regarding personal data. For the purpose of this section 6.1 (b) The Customer acknowledges and agrees that the Partner has nominated AAG in its capacity as disclosed agent to accept and  respond to the Customer’s enquiries relating to Personal Data in the performance of the Contracts on the Partners behalf having consulted with the Partner at all times.

7. LIMITATION OF LIABILITY

1. Neither the Partner nor the Customer is liability:
   • for death or personal injury caused by its negligence;
   • for fraudulent misrepresentation or for any other fraudulent act or omission;
   • to pay sums properly due and owing to the other in the normal course of performance of these Network Services Terms; or
   • for any other liability which may not lawfully be excluded or limited;

is excluded or limited by these Network Services Terms, even if any other term of any Contract otherwise would suggest that this might be the case.

• Subject to paragraph 7.1, neither the Partner nor the Customer shall be liable (whether for breach of contract, tort (including negligence), breach of statutory duty or otherwise) for any:
  • loss of profit;
  • loss of sales, turnover, revenue or business;
  • loss of customers or contracts;
  • loss of or damage to reputation or goodwill;
  • loss of opportunity;
  • loss of software or data;
  • loss or waste of management or other staff time; or
  • indirect, consequential or special loss;

arising out of or relating to any Contract, whether or not such loss was foreseeable or if the party which would otherwise be liable for such loss was advised of its possibility (and, for the purposes of this paragraph 7.2, the term “loss” includes a partial loss or reduction in value as well as a complete or total loss). Notwithstanding the foregoing, the exclusions in paragraphs 7.2(a) and (b) shall not apply to any loss suffered by the Partner in the event of the Customer’s wrongful termination of any Contract.

• Subject to paragraph 7.1, the Partner shall not be liable, whether in contract, tort (including negligence), breach of statutory duty, under any indemnity or otherwise, for any loss, damage, expense or liability incurred or sustained as a result of (a) the use of the Network Services in breach of any term of the Terms and / or the Network Services Terms; and/or (b) any processing in accordance with the Customer’s instructions following the Customer’s receipt of that information.

8. CONFIDENTIALITY

1. Each of the Customer and the Partner shall:
   • keep confidential all Confidential Information of the other party which it receives in connection with any Booking;
   • not copy or reproduce any part of it without the prior written approval of the other party, except as strictly necessary for the performance of its obligations under the Network Service Terms;
   • apply to it no lesser security measures and degree of care than those which it takes in protecting its own Confidential Information and in any event no less than that which a reasonable person or business would take in protecting its own confidential information;
   • only use such Confidential Information as strictly necessary for the performance of, or exercise of its rights under, any Contract;
   • subject to paragraph 8.2, not disclose such Confidential Information to any third party (other than its professional advisers, officers, employees, agents, contractors and subcontractors on a ‘need to know’ basis as strictly required for the purposes of any Contract and subject to each such person being bound by an obligation of confidentiality equivalent to this paragraph 7);
   • promptly, upon request return to the other party all materials (in whatever form) incorporating, embodying or recording any such Confidential Information in its possession or control and, if requested by the other party, certify in writing that it has done so; and
2. Either party may disclose the other’s Confidential Information to the extent required by law or by any court, tribunal, regulator or other authority with competent jurisdiction to order its disclosure (but only to the extent of such requirement).

9. TERM AND TERMINATION

All Contracts shall automatically terminate in the event that the Agency Arrangement terminates or expires (whichever terminates or expires first).

10. CONSEQUENCES OF TERMINATION

• Cancellation of any Booking will not have the effect of terminating the Network Service Terms or any other Booking, but termination of the Network Service Terms will automatically terminate all uncompleted Bookings and the Network Service Terms.
• Termination of the Network Service Terms will not affect:
  • any accrued rights or liabilities which either the Customer or the Fulfilment Partner may have by the time termination takes effect; or
  • the coming into force or the continuation in force of any of its provisions that expressly or by implication are intended to come into force or continue in force on or after termination.

11. FORCE MAJEURE

1. The Partner shall not be in breach of any Contract nor liable for delay in performing, or failure to perform, any of its obligations under any Contract if such delay or failure results from a Force Majeure Event. In such circumstances the Partner shall be entitled to a reasonable extension of the time for performing such obligations and shall be relieved of its Service Level obligations.

12. GENERAL

1. No failure or delay by a party to exercise any right or remedy provided under the Network Service Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

2. The rights and remedies provided under these Terms and these Network Service Terms are in addition to, and not exclusive of, any rights or remedies provided by law.

3. If any provision or part-provision of the Network Service Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this paragraph shall not affect the validity and enforceability of the rest of the Network Service Terms.

4. The Network Service Terms, any Booking and the Contract and any document referred to therein, constitutes the entire agreement between the Partner and the Customer and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

5. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Network Service Terms. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in the Network Service Terms.
6. The Customer shall not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under any Contract without the prior written consent of the Partner.

7. Nothing in these Network Service Terms are intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorise any party to make or enter into any commitments for or on behalf of any other party.

8. No variation of these Network Service Terms shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

9. Except as provided in the Terms or these Network Service Terms, a person who is not a party to the Terms or these Network Service Terms shall not have any rights under or in connection with it, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under the Conditions or these Network Service Term are not subject to the consent of any other person.

13. NOTICES

1. Any notice given to a party under or in connection with the Conditions or these Network Service Terms shall be in writing and, where such notice is addressed to the Partner, shall be delivered to AAG (acting as disclosed agent on behalf of the Partner in accordance with the Terms).

14. GOVERNING LAW AND JURISDICTION

1. The Network Service Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of Ghana. Each party irrevocably agrees that the courts of Ghana shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with Network Service Terms or its subject matter or formation (including non-contractual disputes or claims).

2. AAG Terms and Conditions for Courier Services shall apply to all AAG Request Bookings and in addition the following terms and conditions shall be incorporated into each AAG Request Booking:

• “AAG Request Booking” means a Booking for Courier Services in Ghana only for collection of Goods from a Vendor specified as the Collection Address and delivery to the Destination Address.
• “Order Confirmation” means the unique order confirmation number provided to you by a Vendor upon sale of Vendor’s Goods to you.
• “Vendor” means the seller from which you have purchased Goods.

1. Goods must have been purchased by you in advance of a Booking and the Order Confirmation must be provided to AAG at the time of the AAG Request Booking.
2. You shall be responsible for checking with the Vendor prior to the AAG Request Booking that AAG may use the Order Confirmation as evidence that a pick-up of the Goods has been authorised by you.  In the event that there is a delay caused by the Vendor or the Vendor does not agree to release the Goods to AAG for delivery, you may be liable for a Cancellation Fee and/or Waiting Time Fee.
3. The contract for the sale of Goods is between you and the Vendor.  AAG is engaged by you for a Request Booking for the provision of Courier Services only and shall not otherwise be liable for the Goods (including without limitation, payment for the Goods or condition of the Goods as provided by the Vendor).
4. You permit AAG to share the Order Confirmation and if required, personal data, with the Vendor for the purposes of the Request Booking.
5. AAG can accept Request Booking for electronic prescriptions for medicine (but not paper prescriptions) that have been received by a pharmacy and prepaid for by you.  AAG shall treat any Request Booking for medicine as standard Goods and you shall be responsible for ensuring that the intended recipient receives the medicine at the Destination Address.
6. AAG cannot guarantee the delivery of frozen or perishable products (e.g. food items) in the condition they were originally in. If you order such items we cannot be held accountable for the condition in which they arrive to you.

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