Terms & Conditions Perth
as at 01-18
© Strictly Copyright Worldwide
R. Ott – Show World Corporation Pty. Ltd.Terms and Conditions Agreement:
1. Responsibility and Representative Services
You must be over 18 years of age to make any booking, alternatively, your Parent or Guardian can make the booking on your behalf. You and or your Parent or Guardian automatically agree, confirm and accept full responsibility to the set-out terms and conditions herewith when you pay your booking/security bond to Show World Corporation Pty. Ltd. trading as “Nightcruiser” for and on behalf of any Nightcruiser’s chosen Sub-Contractor carrying out the services.1 a. NIGHTCRUISER APPOINTED SUB-CONTRACTORS.
You agree, accept and understand that Nightcruiser will allocate a suitable chosen Sub-Contractor to carry out the Party Tour and Services as agreed. They will be in full control and assist you directly and you will abide by their own terms and conditions as well, listed below separately. Furthermore, you agree to the emailed out tour schedule and detailed arrangements.2. Communication:
Email communication, text or faxes between our offices and clients are deemed and treated the same as a signed legal contract.
You must be in receipt of a confirmation if any requested changes are sent from you via emails or text or consider the changes not been acted upon. Best to phone bookings to be safe.
3. Booking Deposit and or Bond:
Must be paid in advance by the due date requested as stated and or attached to our email to protect your date. Payment options are also detailed and attached.
4. Refund of Deposit and or Bond:
Non-refundable. We are unable to refund your deposit for a cancellation for whatever reason.
5. Security Bond:
The booking bond automatically becomes your damage bond, once paid. The bond can be refunded immediately at the conclusion of the Charter after an inspection by the Cruiser Captain for no damage and cleanliness present. It is your responsibility to ask the driver for this refund and it is the drivers’ right to withhold this bond after inspection. If you have any dispute it can only be solved by the Sub-Contract Vehicle Owner Operator.
6. Bond:
Your pre-paid bond cannot be used towards your cash fee due prior to departure. Otherwise, we hold no damage security bond.
6. a Bond Payment Information:
BOND PAYMENT to secure your Vehicle
As discussed, we have tentatively reserved your booking, which places you under no obligation until we receive your bond which is now due.
Remember: Its first come first served due to the demand – the sooner the bond the sooner the guaranteed booking.
Below are details on how to secure your booking and get the bond to us.To confirm and secure your booking please pay the requested bond amount and add your booking number or name as a narration with your payment.
That way we can identify that the payment came from you and can be receipted.Payment Options: Bond / Advance PaymentDirect Transfer
Bank: Bank West
Account Name: Show World Corporation Pty. Ltd.
BSB: 306 – 042
A/c: 0912251
Reference:[Your booking number or Name the booking is in]Credit/Debit Card
Please call 9376 1000 to make a payment over the phone anytime.
Payments made by Credit Card incur an additional 1.9% Surcharge, the cost to us!
No Charge if you transfer direct. (see above details) Payments can be made via cash (in advance or on the night), Bank Transfer, bank deposit [sent receipt] (7 Days in Advance), Visa or MasterCard (No Amex) (over the phone).*Note the deposit/bond will be refunded in cash at the end of your tour unless alternative methods are made.7. Damage Inspection prior to Departure:
We suggest that when you initially board and pay your fee due, prior to your guests’ boarding, you also inspect the vehicle for any damage prior to departure. That way there will be no dispute as to when the damage occurred.
8. After 12 midnight Charters:
We and our Representative reserve the right to full payment including the bond in advance for any charters starting after 12 midnight.
9. Payment due. Full Amount Due Prior to Boarding:
As per the agreement, is to be paid in cash, (unless otherwise arranged in advance. No cheques accepted unless first cleared and 5 working days is needed to have them cleared before boarding and departure in full to the driver by the person who is responsible for the charter. Cruiser Captains do not carry any change.
10. Collection of Monies:
Under no circumstances is it the responsibility of the Driver to collect individual passenger money, should you be collecting from your guests towards the costs. It is you that is paying the total for the service as you are the Hirer of the Vehicle and Service.
11. Arrival Cancellation:
If a chartered vehicle arrives at the pickup point and the responsible client does not wish to go ahead, for whatever reason, the total charge for the charter is still due, less anticipated fuel costs not used, by negotiations with depot operations manager at the time.
12. The responsibility for Guests Actions:
As the hirer of the chartered vehicle, you are responsible for your guest’s actions. All Drivers are within their legal rights to evict any or all persons at any time if they are causing a disturbance, deemed to be acting in a manner that could cause the vehicle to have an accident, causing unruly behaviour, are heavily intoxicated or insist on consuming alcohol on board.
13. You are Responsible:
The vehicle/s will not carry any person from your party unless you, the responsible hirer, is on board. We will keep the bond until such time as your guests have departed the vehicle/s at the end of the charter. If you will not travel with the charter you must allocate and nominate an adult to take your place to fully accept the responsibility and the booking must be in their name.
14. Teen Fun Bus and Kids Party Bus Tours Adult Supervision: Suitable Adult supervision must be provided as instructed by the Nightcruiser Crew. The number of adults is dependent on the number of passengers. The driver can not supervise any group other than carrying out his responsibility under the Transport Act.
15. Liability:
All reasonable precautions, safety and due care will be taken, however in the case of sickness, accident or injury by any passenger, the Perth, WA. Nightcruiser Licensee and or “Nightcruiser” take no responsibility for the costs or actions taken against them, while at all times ensuring the best possible care and attention.
16. Travel Insurance:
We recommend, if thought necessary by you and passengers to protect against sickness, medical expenses, ambulance transport, loss of earnings, accident and/or unforeseen circumstances. They do so at their own expense and this should be pointed out in advance by the charterer to their guests.
17. Sub-contracted out:
Nightcruiser sub-contract out its tours and charters to various Sub-Contractors and you agree to this service. All subcontractors have agreed to provide the licensed out services to Nightcruiser’s strict company policy.
Vehicles might vary in size and type through-out Western Australia
18. Late Arrival, Delays or Sub-contracted out:
Be assured that we always do our utmost to provide the service booked, arrive on time, even arrive in advance at times. However, if delays occur due to mechanical failure, traffic conditions, sickness, provision of a sub-contracted vehicle instead of a Nightcruiser Party Bus or without Nightcruiser livery or any other cause, you agree not to make any claim against us.
19. All of the agreed itinerary/schedule needs to be maintained:
Times or venues cannot be changed during the agreed tour as venues have accepted bookings for the time booked and may not grant access if late arrival.
20. Loss of Bond:
If changes to the schedule made and non-arrival at the booked venue.
Venues are booked for and on your behalf as an additional courtesy service by the Nightcruiser Booking Crew. Venues hold the time slot free so we don’t get turned away at arrival. You must agree to maintain the agreed tour schedule and it can not be changed during the tour. You will lose your bond automatically as venues; especially Wineries will make financial loss claims against Nightcruiser Party Bus Tours. If claim is greater than your bond, we will reclaim any additional charges from you, to which you agree.
21. We Can Not Accept Responsibility:
If Venues, Police / Council Rangers/Parking Inspectors ask us to move on without allowing disembarkation. As we always comply with laws, you agree not to make any claim against Westwide Corridor Coaches Pty. Ltd. [Perth, WA. Nightcruiser Licensee] and or Nightcruiser and or Show World Corporation Pty. Ltd. trading as Nightcruiser, as this is out of our control.
22. Free booked VIP entry:
Deals and all other arrangements are obtained on behalf of you and your guest’s as a complimentary additional service by the Nightcruiser Crew. These provisions are provided directly by the Venues and are out of our control. We can not offer any guarantees or entertain any comebacks if what we have arranged is not provided. You agree not to make any claims against Westwide Corridor Coaches Pty. Ltd. [“Perth, WA. Nightcruiser Licensee”] and or Show World Corporation Pty. Ltd. trading as Nightcruiser. Some Venues require additional entry fees and have strict dress codes and once reached their patron limits can not allow additional patron in by law. Additional entry fees might apply.
23. Wine, Beer and Spirit tasting Disclaimer:
All Wineries, Breweries and Distilleries could charge a tasting fee which is not included in the Nightcruiser Charges. The venues request that you collect the fees from your guests and pay them in one lump sum.
24. Non Entry to Venues:
If Authorities change the trading hours or conditions of entry or deals to a venue for whatever reason, you agree not to make any claim against the Perth, WA. Nightcruiser Licensee, as it is not within our powers to demand deals or entry. It is up to the client to check with the venue in advance for any change.
25. Time loss:
Or any personal expenses, entry fees incurred as a result of delays, alteration or curtailment of any charter, whether caused by mechanical defects, flooding, civil commotion, riots, terrorism, driver mistakes or any other cause, are the responsibility of the Charterer. We always try our hardest to maintain all schedules and understand the importance. If additional expense is incurred for taxis or other transport you agree not to make a claim against us.
26. Sensible Alcohol Consumption:
You agree to the tour schedule and detailed arrangements emailed to you and accept that NO ALCOHOL is allowed to be consumed on board or opened alcohol carried by law. This is enforced by police as no charter bus in WA can allow anyone to consume alcohol on board.
Nightcruiser Representatives and or “Nightcruiser” encourages sensible alcohol consumption on licensed premises and therefore, if any passengers are deemed too intoxicated or causing a disturbance they can be asked to leave the vehicle/tour and if given the option to travel home by taxi or other means do so at their own expense.
27. Keep inside at all times
It is illegal to throw any items out of the window and or have hand, arms, heads or bodies handing out of the windows.
This includes plastic drink bottles or cans.
28. Bus/Vehicle Groups or Charters:
Where a person is in charge or in control of any unlicensed premises (this includes any vehicle) and allows or suffers those premises (or vehicle) to be used as a place for consumption of liquor, that person commits an offence. Maximum Penalty: $1000 and possible loss of license.
29. Street Drinking:
It is an offence for a person to consume liquor on any road, park or reserve within the boundaries of the metropolitan area or of a town or townsite, whether on foot or in a vehicle. Minimum Penalty: $200, Maximum Penalty: $1000+
30. Passenger Property Loss:
All property and valuables remain the responsibility of their owners. Drivers are not permitted under strict company policy to store, look after passengers’ goods or clothing or hold the property for Safe Keeping.
Nightcruiser and or their Sub-Contractors cannot take responsibility for items left on vehicles and or are lost or stolen. If any property is found deemed lost, it is held at the Sub-Contractor’s Depot after entering it into a Lost Register. We will not be liable or will not pay for damage to property or clothing which belongs to any person in vehicles including trailers. We take no responsibility for the lost property while waiting collection.
30a. Electronic devices disclaimer [iPhone, iPods and other devices including connection cords]: Nightcruiser and it’s chosen Sub-Contractors encourage the use of Laptops, Tablet, PCs, iPhone, iPad, iPod and Smartphones for the purpose to allow passengers to bring their own music. Nightcruiser and it’s Sub-Contactors cannot accept any responsibility for such electronic devices or cords against any damage, loss whilst on the vehicles or damage electronically.
At no stage must they be left unattended with Nightcruiser Captains at any time. All Charterers must advise their guests of this fact and agree to do so.
While we carry suitable connection cables, but can not guarantee this, therefore any connection leads required should be brought along by Charterers. e.g. for Computers, Tablets, iPhone etc.
31. Soiled and or damaged Clothing:
We have a regular routine cleaning program in place; however, we ask you and your guests to check seats prior to use as we will not accept responsibility for any soiled, damaged or torn clothing resulting from seats, the interior or exterior of the vehicles.
32. Photo IDs: Are imperative for all patrons entering licensed premises. It’s their responsibility to have them available. Some venues now require 2 ID’s.
33. Under Age: Persons taking responsibility for these terms and conditions must be of legal age, 18 years and over. If any passengers are found to be underage on alcohol-related tours, they will need to make their own way home at their own expense and can not stay on board with the Nightcruiser during the duration of the organised total schedule.
34. Conduct Code is Simple: “Nightcruiser” and its Sub-Contactors operate under its own strict Code of Conduct and any fighting, rioting, vandalism, unruly and abusive behaviour/language in or outside vehicles, in public or venues, damage to personal property, passengers or property of the Nightcruisers will result in the immediate termination of a tour/charter and withdrawal of the Nightcruiser Party Bus Tour or services. Nightcruiser Party Bus Tours are foundation members of various Accords and strictly abides by these codes. Nightcruiser is a foundation member of the Nightclub Tours Operators of Australia, Gold member of the Party Bus Association of Australia and their code of conduct. More on The Code of Conduct is listed here…
35. Vehicle Damage: Where the vehicle is damaged by you or your guests, or left in an unpleasant condition (e.g. Vomit), the vehicle may be withdrawn immediately, and if deemed necessary, all bond may be kept. If you or your guests cause excessive damage, Nightcruiser and or its Representatives will take action to recover all costs incurred. Vomit will incur an automatic $50 disinfection charge and or loss of Bond.
36. Breaking of Emergency Windows: Back Window, Roof Emergency Exit vents, Middle or Front doors without an emergency will incur an automatic replacement cost, plus new signage charge. Total approx. $550.00 depending on the damage.
36a. Transport regulations: Replacement only by licensed tradesmen.
37. Fire Extinguisher and First Aid Kits: If abused by passengers they will need to be replaced and charged to Client.
38. Venue Dress Standards and behaviour rules: It is the individuals’ responsibility to make sure they adhere to venues dress codes and behaviour rules.
39. Musical Requests: Clients are welcome to bring own CDs and iPhones, iPods or other devices to play their own music at their own risk. Suitable connection cords should also be supplied. Sub-Contactors carry music copyright licenses and are members of APRA and PPCA
40. Power Sound System:
Amplifiers and Speakers are maintained and checked prior to departure from the depot, should they fail during the tour you agree not to make any claim against us.
We will endeavour the repair or replace during your tour but feel the continuation of the tour/transport is paramount.
41. Weather: Weather Conditions cannot be used as a reason to cancel Nightcruiser services
42. Payments: Bond payments must be received in advance before we confirm your booking. Payments for the Job must be made upon arrival in cash prior to service allowing you to collect from your guests.
All payments can be made in advance via:
1.Visa or MasterCard (No Amex) (over the phone).
2. Pay anybody Bank Transfer.
3. Direct over the counter bank deposit or
“Last minute” guests are more than welcome and the Crew will provide you with the different payment options.
Electronic transfers carry no charge and must reach us by the due date. Payments made by Credit Card incur a small additional 2.9% Surcharge.
43. Price change and Money due: You can not change the price agreed to prior to departure with the service. If you experience fewer passengers turning up, and you are sharing the costs with your guests it is your responsibility to make up the difference or increase the per head basis you collect towards your cost.
The bond can at times be used towards payment if authorised by the Operations Manager and will not be refunded or cannot be claimed at a later time.
44.Covid-19
It is the responsibility of the Hirer to ensure all government laws, signage displayed, requests by the Driver or Company and all procedures related to Covid-19 are adhered to. The Driver and Company reserve the right to refuse entry or terminate a charter if any passengers are exhibiting symptoms associated with COVID-19 and will not be liable for any costs associated with this.
We will require a passenger manifest with each passenger’s full name and contact number prior to your departure in writing.
Where we have transported a passenger who becomes infected with Covid-19, the Hirer is responsible for notifying the Company immediately.
The above Terms and Conditions still apply, however, our cancellation policy will differ due to COVID-19 related matters.
45. COVID POLICY
Nightcruiser Party Buses and our Sub-Contractors [Suppliers] endeavour to follow the safety guidelines as set by the AU Government for the various COVID-19 Levels.
- If the region where the event is booked is in lockdown level 3 or 4 and we (Nightcruiser Party Buses and the Supplier) cannot provide the event as planned due to the level restrictions, where possible, the event will be postponed to a future date agreeable with all parties. This way we are protecting all the businesses involved and the work that everyone has put into planning your event to date.
- Should you not agree with the rescheduling you then decide to cancel, we will offer a full refund of your bond where our Sub-Contactor [Supplier’s] COVID policy allows but your deposit is non-refundable as stated at the interim in your booking email.
- If the region where the event is booked is in level 1 or 2 – the event can go ahead [unless there are capacity issues due to COVID restrictions], it will go ahead as originally planned. Please refer to our normal cancelation rules. No refunds are given should the number of guests have dropped due to some choosing not to attend due to COVID or their region being in lockdown. Where possible, we can look at postponing your event, however as stated in your booking email your deposit is lost if cancelling.
Postponement Terms
- Pending the Sub-Contractor [Supplier’s] postponement terms which are normally either allowed up to 3 or 6 months from the booked event date, we will reschedule your event for a date that will suit both you and the affected Sub-Contractor [Supplier].
- Please note that if funds have been forwarded to the Sub-Contractor [Supplier] already in terms of a bond, deposit or final payment and for any reason, in the postponement time frame the supplier goes into receivership, Nightcruiser Party Buses is not liable and those funds can’t be claimed back through Show World Corporation Pty. Ltd. trading as Nightcruiser Party Buses.
For your event to go ahead, Nightcruiser Party Buses would have to book another Sub-Contractor [Supplier] and establish a new Booking with new costs stated via a booking email.
- We are happy to postpone the event wherever possible however it could occur an admin fee. This will apply each time you change the date.
46. LIMITED LIABILITY Nightcruiser [Agent]
46.1 If a liquidator, trustee, receiver, administrator, administrative receiver or similar officer is appointed over the Sub-Contactor [Supplier] and if your [Buyer] deposits, bonds, job fees have been been forwarded to the Sub-Contactor [Supplier] you argee not to claim any moneis paid to us. They need to be calimed from the Sub-Contractor [Supplier].
46.2 You [Buyer] agree not to claim any damages against us, caused out of the consequence of the Sub-Contractor’s actions, not providing the services or refunding any funds, agreed not to claim again us [Agent]
46.2 You agree not to claim any damages that might have been caused due any loss of the Sub-Contractors action.
47. FORCE MAJEURE
47.1 The Agent reserves the right to defer the date of delivery or to terminate the Relevant Obligations or alter the Services ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Agent including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 80 Business Days, the Buyer shall be entitled to give notice in writing to the Agent to terminate the Relevant Obligations.
48. CANCELLATIONS DUE TO GOVERNMENT-MANDATED SHUTDOWN
In the event of a cancellation due to a government-mandated shutdown, you can change the date of your tour (provided it’s within 12 months) with the
following condition: Money that we have paid to venues to secure your booking and tasting MAY OR MAY NOT BE RECOVERABLE. This will depend on the venues’ policies and it is beyond our control.
We also cannot guarantee that the venue will be able to accommodate you at a later date.
We do NOT offer refunds in the event of a government-mandated shutdown.
Sub-Contactor No.1 Additional terms and Conditions
Quotation & Confirmation
- Written quotes via our tentative booking email or other means are current at the time of quotation and may be subject to change prior to confirmation of a booking.
- All quotes provided are subject to availability at the time of booking.
- Written quotes are based on details provided and may be altered if the itinerary changes
- Written confirmation is required. Confirmation in writing also indicates acceptance of these terms and conditions.
Changes & Cancellations
- Changes to bookings will be accepted subject to availability.
- Bookings that do not run to schedule through no fault of the Sub-Contractor may be charged an additional fee.
- Cancellations at more than 24 hours’ notice will not incur a fee. [refer to your tentative booking email]
- Same day cancellation or no show will incur the full quoted fee.
- If a booking is cancelled by the Sub-Contractor due to events of force majeure or outside its control, all fees will be reimbursed. The Sub-Contractor will not be responsible for any losses incurred by the client.
- The Sub-Contractor reserves the right to charge hirers a fee for the repair of any damage inflicted by the hirer or their party.
- The Sub-Contractor reserves the right to charge an upfront refundable (if appropriate) $200 cleaning fee.
Payment
- The Sub-Contractor requires payment in advance for all charters.
- Payments can be made via EFT or credit card. [Refer to all details in your booking email]
Passenger Behaviour
- As per the WA Police Licensing Act 1998 Section 119 (4,7,9,11) and Section 109 (1) NO ALCOHOL is to be consumed on board any vehicles.
- Smoking is not permitted by law on any vehicles.
- Passengers who are intoxicated may be refused entry to the vehicles.
- Violent, disorderly and aggressive passengers will be refused entry to vehicles.
- Seatbelts must be worn when buses are moving.
Lost Property
- Every effort will be made to locate and return lost property. However, The Sub-Contractor is unable to accept liability for lost or damaged property.
Liability
- Other than as specified in these Conditions of Carriage or applicable laws (such as the Australian Consumer Law), we exclude all liability for any costs, expenses, losses or damages whatsoever that may arise in any way in connection with the carriage.
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© 1994