| NIGHTCRUISERS AND GENERAL SUB-CONTRACTORS
1. Responsibility and Representative Services You must be over 18 to make any booking or can use your Parent or Guardian or with their authority to make it on your behalf.
You automatically agree, confirm and accept full responsibility to the set-out terms and conditions herewith when you pay your deposit, 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.
Nightcruiser chosen Sub-Contractors
Various chosen Sub-Contractors assist us with delivering our exclusive Party Tours and Services.
You agree, accept and understand that Nightcruiser will allocate a suitable 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. Their additional terms and conditions are shown below.
Furthermore, you agree to the emailed tour schedule and detailed arrangements.
2. Communication: Email communication, faxes and text between our offices and clients are deemed and treated the same as a signed legal contract.
3. Booking Deposit/Bond: Must be paid in advance by the due date requested as stated in your tentative booking email to protect your date. Payment options are also detailed.
4. Refund of Deposit: We are unable to refund your booking deposit for cancellation for whatever reason as stated in your tentative booking email.
5. Security Bond: At the end of the tour, the vehicle will be checked by the Sub-Contactor’s driver and a report is provided to Operations.
6. Bond: Your pre-paid bond cannot be used towards your cash fee due prior to departure. Otherwise, we hold no damage security bond. It is outlined in your booking confirmation.
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 Sub-Contractor 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, this is to be paid in cash, (unless otherwise arranged in advance. No cheque 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 nor have a Credit Card Payment facility. All payment details are outlined in your booking email. See also 6. 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. 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 of 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 to chosen Representatives and charters to various Sub-Contractors and that you agree to this service. All subcontractors have agreed to provide the licensed out service to Nightcruiser’s strict company policy.
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/ schedules need 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 are made and non-arrival at the booked venue. Venues are booked for and on your behalf as an additional courtesy service by the Nightcruiser Crew. Venues hold the time slot free so we don’t get turned away at arrival. You must agree to maintain to 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 a 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. Venues Information, Deals and Free booked VIP entry:
Deals, Information and all other arrangements are obtained on behalf of you and your guest’s as a complimentary additional service by the Nightcruiser Crew. [If applicable and available in your area].
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 our Representative/Sub-Contractors or Show World Corporation Pty. Ltd. trading as Nightcruiser.
Some Venues for various reasons require additional entry fees and have strict dress codes and once they have reached their patron legal limits cannot allow additional patron in by law.
Please note! Some of these services, however, might not be offered in your particular area.
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:
Alcohol is permitted on board on a BYO Basis.
STRICTLY NO Red Wine or Glass.
A Reminder, venues reserve the right to refuse entry into venues and we highly discourage excess drinking.
Food is STRICTLY not permitted 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.
28. Bus/Vehicle Groups or Charters:
BYO is permitted on the vehicle and at the discretion of the Representative.
No glass, including bottles or glasses, on the Bus.
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 or their Representative cannot take responsibility for items left on vehicles and or are lost or stolen.
If any property is found deemed lost, we hold it at the 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 the trailer.
We take no responsibility for the lost property while waiting for collection.
30a. Electronic devices disclaimer [iPhone, iPods and other devices]:
Nightcruiser and its Representative encourage the use of Electronic Devices, Laptops, Tablet PCs, iPhone, iPad, iPod and Smartphones for the purpose to allow passengers to bring their own music.
Nightcruiser or its Representative can not accept any responsibility for such electronic devices if damaged, lost whilst on the vehicles or damaged electronically.
At no stage must they be left unattended with Driver/Nightcruiser Captains at any time.
All Charterers must advice their guests of this fact and agree to do so. Any connection leads required should be bought along by Charterers.
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 under age on alcohol related tours they can not stay on the tour.
It will be up to the Charterer to arrange for their transport
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-Contractors 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 Nightcruiser / Vehicle will result in the immediate termination of a tour/charter and withdrawal of services. Nightcruiser Party Bus Tours are foundation members of various Accords and strictly abide 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.
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 bonds 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 a 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 the Client.
38. Venue Dress Standards and behaviour rules:
It is the individuals’ responsibility to make sure they adhere to the venue’s 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.
40. Power Sound System:
Amplifiers and Speakers are checked prior to departure from our 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 tour/transport is paramount.
41. Weather:
Weather Conditions can not be used as a reason to cancel any 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. Pay direct Bank Transfer.
2. Visa or MasterCard (No Amex) (over the phone).
3. Direct over the counter bank deposit or
“Last minute” guests are more than welcome and the Crew will provide you with 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 as to what we are charged.
43. Price change and Money due:
You can not change the price agreed to prior to the arrival of the service. If you experience fewer passengers turning up it is your responsibility to make up the difference or increase the per head basis you collect. The bond can at times be used towards payment if authorised by the Operations Manager of Representative, but 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 cancellation rules. No refunds are given should the number of guests has 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 forwarded to the Sub-Contactor [Supplier] you agree not to claim any monies paid to us. They need to be claimed 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 to any loss of the Sub-Contractor’s 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.
ADDITIONAL TERMS & CONDITIONS SUB-CONTRACTOR NO. 1
Agreement form for bus hire
1/ Pay bond & payment for the bus before departure is required as stated in your booking email.
2/ Consumption of alcohol will be limited on the bus.
3/ Any damage to the bus will forfeit the bond.
4/ Any undo mess will forfeit the bond.
5/ If the bus is returned later than quoted times additional costs for the time will be deducted from the bond.
6/ The driver has sole discretion on whether to terminate the trip at any time & return empty. If the driver thinks things are getting out of control or becoming too dangerous to continue.
7/ If the driver thinks it is necessary the police will be contacted through the Sub-Contractor’s Operation and may result in terminating the trip at any time.
8/ No bad or filthy behaviour will be tolerated on the bus.
If you agree to these terms please fill in and sign this form and email it back to your Booking crew member’s email.
Name: ………………………………………………………………………………..
Signature: ………………………………………………………………………….
Mobile Number: ………………………………………………………………..
Address: ……………………………………………………………………………
Drivers Licence Number: …………………………………………………..
Club Name: ……………………………………………………………………….
Bank Account Details for the return of Bond
Name: ………………………………………………………………………………..
BSB: …………………………………………………………………………………..
Account Number: ………………………………………………………………
ADDITIONAL TERMS & CONDITIONS SUB-CONTRACTOR NO. 2
Charter Terms and Conditions
These Terms and Conditions set out the agreement between the Sub-Contractor (and each of its related bodies corporate) and the Hirer (you) for Charter Services unless the parties otherwise expressly agree in writing. By confirming your Booking,
you accept these Terms and Conditions.
2. QUOTATIONS AND BOOKINGS
2.1 Quotations are valid for 14 days from the date of written quotation. A quote does not reserve or
guarantee any Vehicle and will be subject to availability at the time of confirmation of a booking.
The Sub-Contractor will not accept tentative bookings. It is the Hirer’s responsibility to verify details set out in
the Quotation before accepting the Quotation. Refer to your tenative booking email.
2.2 Hirer may accept a the Quotation and confirm by replying to your tentative booking email and pay the Deposit/Bond refered to in the email correspondence.
2.3 If at any time before the date of providing the Services, there is an increase in any third-party
costs applicable to the Services (for example, parking fees, road tolls or airport charges), the Sub-Contractor
reserves the right to pass on these additional costs on to the Hirer.
2.4 If there is any inconsistency between the Quotation and these Terms and Conditions, the terms
of the Quotation will prevail.
2.5 The Sub-Contractor reserves the right to amend these Terms and Conditions at any time. The Terms and
Conditions that apply are the Terms and Conditions in force on the date a Booking.
2.6 For all charters taking place after business hours (including weekends), the Hirer is responsible
for providing Nightcruiser the contact details of a nominated person.
2.7 For any extended charters, the Hirer must provide emergency contact details and a passenger
manifest. This clause will not apply to any extended charter for schools.
2.8 For any extended charters (overnight and/or continual days), the Hirer is responsible for
booking suitable accommodation (single room) for the driver(s) at the Hirer’s cost unless
otherwise stated. If the Sub-Contractor is required to arrange the accommodation, the cost will be charged to
the Hirer in addition to the Fee.
3. BOOKING AMENDMENTS AND CANCELLATIONS
3.1 If the Hirer cancels the booking, the Sub-Contractor reserves the right to charge a cancellation fee as follows:
• Bookings cancelled more than 4 days before travel time: No cancellation fee;
• Bookings cancelled less than 4 days before travel Time but more than 8 hours
before Travel Time: 25% of the Fee + $150.00.
• Bookings cancelled less than 8 hours before Travel Time or in case of ‘no show’: 100%
of the Fee.
3.2 The notice of cancellation must be provided to Nightcruiser in writing to the email address in your tentative booking email or call your Nightcruiser Booking Crew member direct asap.
3.3 The Sub-Contractor may at its discretion waive payment of cancellation fee or reduce the cancellation fee
if Hirer cancels the Services due to events outside the Hirer’s reasonable control.
3.4 The Sub-Contractor reserves the right to cancel the Services at any time due to events or circumstances
beyond its control. In such a case, the Sub-Contractor will reimburse the amount paid by the Hirer (if
applicable) and will not be liable for any costs or losses or damages incurred by the Hirer as
a result of the cancellation, including consequential or indirect damages (such as cost of
alternative travel arrangements, costs of connecting to another service or subsequent journey).
3.5 If the Hirer requests an amendment/change to the Booking, the Sub-Contractor may agree to the
amendment at the Sub-Contractor’s absolute discretion and subject to availability of an alternate Service at
the time of request, compliance with the National Heavy Vehicle Fatigue Rules and the Sub-Contactor’s
safety policies. The Sub-Contractor & Nightcruiser will revise the quotation to reflect the changed booking.
4. PAYMENT, COSTS AND CHARGES
4.1 Hirer must pay the full Fee within 30 days of the invoice date.
4.2 If the Sub-Contractor incurs any costs resulting from damage caused to the Vehicle by Passenger(s), the
Hirer will be directly responsible for such costs. Such costs may include repair and
replacement costs. If additional cleaning is required due to the acts of Passengers, the Sub-Contractor
may charge the Hirer a cleaning fee of $250.00 or the actual expenses incurred by th Sub-Contactor,
whichever is higher. Also refer to yur tentative booking email.
5. PASSENGER CONDUCT
5.1 The Sub-Contractor will always act in the best interests of passengers to ensure their safety. The Hirer
and Passenger/s must, always, comply with The Sub-Contractor reasonable instructions.
5.2 Hirer (on behalf of him/herself and Passenger/s) agree while on board the Vehicle:
a) to wear seatbelts where the Vehicle is fitted with seatbelts;
b) not to smoke or vape;
c) not carry or consume drugs or alcohol;
d) not to behave in a manner that is threatening, violent, aggressive, disorderly
or unruly towards other persons or causes discomfort or offence to other
people including Passenger/s and Driver;
e) not to carry/bring baggage which may compromise the safety of the Vehicle or
the safety or health of any person in the Vehicle;
f) not to place any part of their body outside the Vehicle whether the Vehicle
is stationary or moving;
g) that the Driver will not disobey speed restrictions irrespective of delays;
h) not to break any law.
5.3 The Hirer (on its own and Passenger/s behalf) permit the Driver to:
(a) refuse entry to Passenger/s under the influence of alcohol or drugs;
(b) disembark Passenger/s who are or who (in the Driver’s reasonable opinion) appear to be under the influence of drugs or alcohol;
(c) disembark Passenger/s who are or become sick to an extent that it poses a threat or an unreasonable inconvenience to other Passenger/s;
(d) take such measures as are necessary to seek emergency assistance from available services. Costs of such emergency service provision rest with the Passenger/s.
5.4 If a Booking is one of many Bookings, The Sub-Contractor reserves its right to terminate future Bookings if the Hirer or Passenger’s conduct violates these conditions and in The Sub-Contractor’s opinion, the conduct is serious and/or repeated.
5.5 Any costs incurred by the Hirer or Passenger/s who are refused carriage by The Sub-Contractor or removed from a Vehicle, including costs of alternate travel, will be borne by the Hirer.
6. PASSENGER PROPERTY
6.1 Whilst The Sub-Contractor will take all reasonable care with Hirer and Passenger property, it does not accept liability for any damage to, or loss of baggage or property on the Vehicle. The Hirer and its Passenger/s are solely responsible for all baggage and property, including carry-on baggage. The Sub-Contractor will not be liable for loss, theft of or damage to baggage or personal
property. The Sub-Contractor strongly recommends that no valuables are left on the Vehicle at any time, even if that Vehicle is locked.
6.2 The Sub-Contractor will determine, in its sole discretion, whether and to what extent any baggage can be carried on the Service, taking into account the Vehicle’s carrying capacity. Each baggage item must not exceed 20 kilograms.
6.3 The Sub-Contractor expressly prohibits the carriage of the following items on its Services:
(a) fuel containers or gas bottles;
(b) generators;
(c) explosives or fireworks;
(d) firearms and weapons, including knives and scissors;
(e) animals, except for assistance dogs; and
(f) items the driver reasonably determines are unsuitable for carriage because they
are dangerous or unsafe due to their weight, size, shape or character, or which are fragile or perishable.
6.4 All lost property found on the Vehicle (excluding perishable items, hazardous waste,
dangerous goods or other items that present a risk to health or safety) will be returned to the
The Sub-Contractor’s depot and registered in the Lost and Found Register. Lost property can be collected
from the relevant depot during business hours. It is the Hirer’s/Passenger’s responsibility to collect the property and bear any costs incurred to collect it.
7. LIABILITY
7.1 The Sub-Contractor will not be liable for any damage/s or loss/es by the Hirer or Passenger/s arising from
the Services including damage/s or loss/es:
(a) arising from any act, error or omission of a third party; and
(b) arising from any act, error or omission of any Passenger (including the Hirer).
7.2 Without limiting clause 7.1, in the event The Sub-Contractor is liable to the Hirer or Passenger(s) for any
reason, its maximum liability is limited to the Fee for the Services. The Sub-Contractor will not be liable to
the Hirer or Passenger/s for indirect or consequential loss under any circumstances
including loss of earnings or profit, cost/s of alternative travel or loss of opportunity in
connection with the Services or the Booking.
7.3 The Sub-Contractor does not exclude or restrict in any way its liability under or in connection with these
Terms and Conditions for death or personal injury caused by its negligence or to any extent
not permitted by law.
8. GST
8.1 Unless expressly stated otherwise, all Fees or other amounts payable under or in
connection with this agreement are inclusive of GST.
9. PRIVACY
9.1 Any Personal Information provided to Nightcruiser or The Sub-Contractor while providing a Quotation or Services is
protected by and subject to Nightcruiser & The Sub-Contractor Privacy Policy.
10. ENFORCEABILITY
10.1 If any provision or term of these Terms and Conditions becomes or is declared illegal,
invalid, or unenforceable, the relevant term or provision shall be deleted but all other Terms will remain valid.
11. COMPLAINTS AND CUSTOMER SERVICE
11.1 The Sub-Contractor takes pride in providing a safe, clean and reliable transportation Service and utilises
feedback to improve its services. We would really appreciate it if any complaints or
feedback could be provided in writing and within 30 days of the date of travel.
Updated 30th December 2022 |
