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Terms and Conditions Newcastle Party Bus Tours

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    • TERMS AND CONDITIONS

    TERMS AND CONDITIONS FOR NIGHTCRUISER
     © Strictly Copyright Show World Corporation Pty. Ltd Australia – wide 04-94 Updated 04-20, 06-21, 01-22, 11-22, 04-23
    Below the Nightcruiser Party Bus Tours Crew  have put up the terms and conditions that you will need to agree with when accepting a booking.They were prepared in simple language and detail for your benefit as we operate strictly in a law abiding manner.
    1.  Responsibility and Representative Services

    You must be over 18 to make any booking or can use your Parent or Guardian to make it or with their written authority to make it on their behalf.

     You [Buyer] 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” [Agent]  for and on behalf of any Nightcruiser’s chosen Sub – Contractor [Supplier] carrying out the services.

    NIGHTCRUISER CHOSEN SUB-CONTRACTOR [SUPPLIER]
    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.

    Furthermore, you agree to the emailed out tour schedule and detailed arrangements.

    2. Communication:
    Email communication or faxes between our offices and clients are deemed and treated the same as a signed legal contract.

    3.   Booking Bond:
    Must be paid in advance by the due date requested as stated and or attached in our email to protect your date. Payment options are also detailed and attached.

    4.   Refund of Bond:
    We are unable to refund your booking deposit for a cancellation for whatever reason and time.

    5.  Security Bond:
    The booking deposit automatically becomes your damage bond, once paid. At the end of the tour the vehicle will be checked by the Representative’s driver. It will be you’re, the customer’s responsibility to visit the Representative’s website and click into the bond refund form and complete the questionnaires with your bank account detail and bond will be refunded within 5 working days providing no damage and terms & conditions are met.

    6.   Bond:
    Your pre-paid bond can not be used towards your cash fee due prior to departure. Otherwise we hold no damage security bond.

    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 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. 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 pick up 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.   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 behavior, 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 carry 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 sub contractors have agreed to provide the licensed out service to Nightcruiser’s strict company policy.

    18. Late Arrival, Delays, Breakdown 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.
    If there is an unforeseen circumstance before or during the Booking, the Sub-Contractor will provide a substitute vehicle.
    The substitute vehicle or other mode of transportation does not have to be the same standard as the original vehicle booked.
    An unforeseen circumstance includes but is not restricted to:
    Mechanical breakdown [e.g. Before the date or during the day of service];
    Traffic congestion;
    Natural Disaster
    A road traffic accident; or any other

    19.   All of the agreed itinery/schedule needs to be maintained:
    Times or venues can not 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 schedule made and non arrival at 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 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:
    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 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 trailer.
    We take no responsibility for lost property while waiting collection.

    30a. Electronic devices disclaimer [iPhone, iPods and other devises]:
    Nightcruiser and its Representative encourages the use of Electronic Devices, Laptops, Tablet PCs, iPhone, iPad, iPod and Smart phones 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 anytime.
    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 Representatives operates 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 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.

    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 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. Licensee carries music copyright licenses and is a member of APRA and PPCA

    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 continuation of tour/transport is paramount.

    41.  Weather:
    Weather Conditions can not 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 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 as to what we are charged.
    Bank Account details here..

    43.  Price change and Money due:
    You can not change the price agreed to prior to arrival of the service. If you experience less 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 Operations Manager of Representative, but will not be refunded or can not 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.

    49. ADDITIONAL  CHARGES
    We reserve the right to apply additional charges due to suddenly increased fuel costs and extra if your agreed schedule does overtime as stated in your tentative or confirmed booking email.

    ADDITIONAL SUB-CONTRACTOR No. 1 TERMS AND CONDITIONS

    TERMS & CONDITIONS

    A responsible person is required to be nominated for each charter hire event with Limousine Party Bus. This person must provide a copy of their license to the operator prior to the event commencing. It is a condition of service that the responsible person signs the Customer Agreement Form (provided on the day by the driver) and agrees to the conditions outlined thereon and below.

    Conditions of service include:

    • The group agrees to pay a refundable security bond prior to the commencement of the event. This bond will be used as security in the first instance in the event of any breach of the terms and conditions. Assuming no breaches occur, the operator will contact the Responsible Person within two business days to organise the refund of this amount. No cash refunds will be provided by the driver.

    • Offensive, aggressive or disorderly behaviour to the driver, staff members, guests on board or the public will not be tolerated and will result in termination of the service.

    • No glass is allowed on board for safety reasons. Any glass on board without the express approval of the operator will result in the immediate loss of your bond.

    • Alcohol will not be sold on the bus.

    • Responsible service of alcohol requirements will be adhered to at all times. • Under-age drinking is not permitted on the bus. Where underage persons are on-board alcohol is not permitted.

    • Smoking is not permitted on board. Any non-compliance with this condition will result in cleaning fees levied and potential fines for breaches of NSW Smoke-free environment regulations.

    • We reserve the right to refuse entry if any person(s) is heavily intoxicated or under the influence of drugs.

    • We reserve the right to remove any person(s) who is heavily intoxicated or under the influence of drugs to a taxi at your own expense.

    • Illicit Drugs are not permitted on the bus.

    • Weapons or sharp objects will not be permitted on board.

    • We are not responsible for loss or damage of personal items.

    • We are not responsible for injury incurred due to careless or inappropriate behaviour.

    • Violence will not be tolerated. Removal from the bus will occur immediately and police will be called. The service will terminate from this point. No exceptions.

    • The bus is fitted with CCTV surveillance cameras for insurance and legal purposes. We reserve the right to view the footage should damage or injury occur. Security footage and your details will be forwarded to the insurer where applicable.

    • Damage, missing equipment or fittings will be quoted and charged for replacement/ repair. This amount will be deducted from any available security bond in the first instance. Where the bond held is insufficient an invoice will be issued to the Responsible Person. This invoice is to be paid in full within 3 days.

    • The responsible person accepts full liability for any damages to public or private property during the hire time.

    • A minimum fee of $150 will be applied and taken from the bond for a person(s) vomiting, urinating or defecating. The value of this fee is at the discretion of the operator based on their assessment of the damage / excess cleaning required.

    • A minimum fee of $150 for cleaning will be applied for removal of chewing gum or excessive drink spillage. The value of this fee is at the discretion of the operator based on their assessment of the damage / excess cleaning required.

    • We are not liable for unforeseen traffic / street access conditions if arrival is delayed.

    • The pickup and drop off location must be suitable for our 11-metre bus to gain access. This includes (but is not limited to) no narrow streets, no no-through roads, no dirt roads and no excessively steep streets. If the provided locations are not suitable any delay or additional transport costs incurred are accepted by the Responsible Person / group.

    • Additional guests will not be permitted once the service has commenced unless prior arrangement have been made with the operator.

    • Entry to venues is at the discretion of venue staff, based on normal entry requirements.

    • A non-refundable deposit is required at the time of booking. As the discretion of the operator this deposit can be transferred to a subsequent event if sufficient notice is provided. Rescheduling may occur if more than 21 days’ notice is provided depending on availability within 6 months.

    • The full amount is to be paid prior to the event commencing. The event will not occur if the remaining amount is not paid. For high demand events full payment may be required in advance at the discretion of the operator.

    • If less than fourteen days’ notice of cancellation is provided 50% of the total cost will be charged.

    • If less than seven days’ notice of cancellation is provided the full amount will be charged.

    • Photos and videos will be published on our website and social media after the event. You must advise us if you do not wish this to occur prior or during the event.

    ADDITIONAL SUB-CONTRACTOR No. 2 TERMS AND CONDITIONS

    Terms & Conditions

    You understand and agree that Nightcruiser will use a chosen Sub-Contractor and you will abide by their Terms and Conditions below as well:

    • Offensive, aggressive or disorderly behaviour to the driver, staff members or guests on board will not be tolerated and will result in termination of the service.
    • Alcohol will not be sold on the bus
    • Responsible service of alcohol will be adhered to at all times
    • Under-age drinking is not permitted on the bus
    • Smoking is not permitted on board
    • We reserve the right to refuse entry if any person(s) is heavily intoxicated or under the influence of drugs
    • We reserve the right to remove any person(s) who is heavily intoxicated or under the influence of drugs to a taxi at your own expense
    • Illicit Drugs are not permitted on the bus
    • Weapons or sharp objects will not be permitted on board
    • We are not responsible for loss or damage of personal items
    • We are not responsible for injury incurred due to careless or inappropriate behaviour
    • Violence will not be tolerated. Removal from the bus will occur immediately and police will be called. The service will terminate from this point. No exceptions.
    • The bus is fitted with CCTV surveillance cameras for insurance and legal purposes. We reserve the right to view the footage should damage or injury occur.
    • Damage, missing equipment or fittings will be quoted and charged for replacement/ repair as a result of malicious or deliberate behaviour
    • A minimum fee of $2000 will be charged for seat damage and taken from the bond. An additional invoice will be provided if the replacement cost is greater than this amount by the Sub-Contractor
    • Damage and replacement of the TV will be charged at $1000 and taken from the bond and an additional invoice will be provided
    • A $350 fee will be applied and taken from the bond for a person (s) vomiting, urinating or defecating.
    • A $200 fee for cleaning will be applied for removal of chewing gum or excessive drink spillage.
    • We are not liable for unforeseen traffic/street access conditions if arrival is delayed.
    • The pickup and drop off location must be suitable for our 11 metre bus to gain access.
    • Additional guests will not be permitted once the service has commenced unless prior arrangement have been made.
    • Entry to venues is at the discretion of venue staff, based on normal entry requirements.
    • A non-refundable deposit is required at the time of booking
    • The full amount is to be paid 72 hours prior to the event. The event will not occur if the remaining amount is not paid.
    • Less than fourteen days notice cancellation 50% of the total cost will be charged
    • Less than seven days notice cancellation full amount will be charged
    • Rescheduling may occur if more than 21 days’ notice is provided depending on availability within 6 months
    • A bond will be held to a credit card and refunded 24hrs after the event if no damage or misplacements have occurred. A larger bond is required for Bucks & Hens nights and booking later than midnight.
    • Photos and videos will be published on our website and social media after the event. You must advise us if you do not wish this to occur prior or during the event.

    PAYMENTS 
    Bond payments must be received in advance before we confirm your booking with due date indication in the booking office correspondence.  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 (over the phone) 0427 55 33 40

    2. Pay anybody Bank Transfer to
    Check your booking email it has all account details
    Reference:     Your Booking Number and or Name

    3. Direct over the counter bank deposit or “Last minute” guests are more than welcome and the Nightcruiser Booking Crew will provide you the different payment options.

    Electronic transfers carry no charge and must reach us by the due date.

    Payments made by Credit Cards incur a small additional 2.9% Surcharge

    ADDITIONAL SUB-CONTRACTOR No.3 TERMS & CONDITIONS

    A responsible person is required to be nominated for each charter hire event with Limousine Party Bus. This person must provide a copy of their license to the operator prior to the event commencing. It is a condition of service that the responsible person signs the Customer Agreement Form (provided on the day by the driver) and agrees to the conditions outlined thereon and below.

    Conditions of service include:

    • The group agrees to pay a refundable security bond prior to the commencement of the event.
    This bond will be used as security in the first instance in the event of any breach of the terms and conditions. Assuming no breaches occur, the operator will contact the Responsible Person within two business days to organise the refund of this amount.
    No cash refunds will be provided by the driver.

    • Offensive, aggressive or disorderly behaviour to the driver, staff members, guests on board or the public will not be tolerated and will result in termination of the service.

    • No glass is allowed on board for safety reasons. Any glass on board without the express approval of the operator will result in the immediate loss of your bond.

    • Alcohol will not be sold on the bus.

    • Responsible service of alcohol requirements will be adhered to at all times.

    • Under-age drinking is not permitted on the bus. Where underage persons are on-board alcohol is not permitted.

    • Smoking is not permitted on board. Any non-compliance with this condition will result in cleaning fees levied and potential fines for breaches of NSW Smoke-free environment regulations.

    • We reserve the right to refuse entry if any person(s) is heavily intoxicated or under the influence of drugs.

    • We reserve the right to remove any person(s) who is heavily intoxicated or under the influence of drugs to a taxi at your own expense.

    • Illicit Drugs are not permitted on the bus.

    • Weapons or sharp objects will not be permitted on board.

    • We are not responsible for loss or damage of personal items.

    • We are not responsible for injury incurred due to careless or inappropriate behaviour.

    • Violence will not be tolerated. Removal from the bus will occur immediately and police will be called. The service will terminate from this point. No exceptions.

    • The bus is fitted with CCTV surveillance cameras for insurance and legal purposes. We reserve the right to view the footage should damage or injury occur. Security footage and your details will be forwarded to the insurer where applicable.

    • Damage, missing equipment or fittings will be quoted and charged for replacement/ repair. This amount will be deducted from any available security bond in the first instance. Where the bond held is insufficient an invoice will be issued to the Responsible Person. This invoice is to be paid in full within 3 days.

    • The responsible person accepts full liability for any damages to public or private property during the hire time.

    • A minimum fee of $150 will be applied and taken from the bond for a person(s) vomiting, urinating or defecating. The value of this fee is at the discretion of the operator based on their assessment of the damage / excess cleaning required.

    • A minimum fee of $150 for cleaning will be applied for removal of chewing gum or excessive drink spillage. The value of this fee is at the discretion of the operator based on their assessment of the damage / excess cleaning required.

    • We are not liable for unforeseen traffic / street access conditions if arrival is delayed.

    • The pickup and drop off location must be suitable for our 11-metre bus to gain access. This includes (but is not limited to) no narrow streets, no no-through roads, no dirt roads and no excessively steep streets. If the provided locations are not suitable any delay or additional transport costs incurred are accepted by the Responsible Person / group.

    • Additional guests will not be permitted once the service has commenced unless prior arrangement have been made with the operator.

    • Entry to venues is at the discretion of venue staff, based on normal entry requirements.

    • A non-refundable deposit is required at the time of booking. As the discretion of the operator this deposit can be transferred to a subsequent event if sufficient notice is provided.
    Rescheduling may occur if more than 21 days’ notice is provided depending on availability within 6 months.

    • The full amount is to be paid prior to the event commencing. The event will not occur if the remaining amount is not paid. For high demand events full payment may be required in advance at the discretion of the operator.

    • If less than fourteen days’ notice of cancellation is provided 50% of the total cost will be charged.

    • If less than seven days’ notice of cancellation is provided the full amount will be charged.

    • Photos and videos will be published on our website and social media after the event. You must advise us if you do not wish this to occur prior or during the event.

    Sub-Contactor No.4
    ADDITIONAL SUB-CONTRACTOR / TERMS AND CONDITIONS
    Direct Deposit Details:-

    Credit Cards Accepted (2.25% Surcharge and Conditions Apply) [Check your booking email]
    We are a registered COVID SAFE company and ask all our customers to please Check-in before entering our vehicles and Check-out after enjoying your journey/s with us.
    A QR code and sanitising station will be located at the entry of each vehicle.
    ALL customers are asked to please comply with all current ‘Social Distancing’ regulations where possible as stated by the NSW and Australian Governments
    To secure a vehicle, a non-refundable 25% deposit is required.
    All payments are to be made by way of either an Electronic Funds Transfer (EFT) or a Credit Card (2.25% Surcharge & Conditions Apply). Cash payments will NOT be accepted unless from a known customer and by prior arrangement ONLY. Any changes to the booking may incur additional fees & admin charges.
    Flight arrivals booked for incorrect dates will incur a full re-booking fee.
    Please check your arrival date into Sydney as this may be different to your departure date.
    In the event of a delayed or cancelled flight arriving in Sydney, please text your name & booking reference plus your new arrival details to your Nightcruiser Booking Crew – Contact in your booking email. This information will be directed to the driver. On your arrival in Sydney, our driver will contact the mobile number we have on file. Please ensure your phone is charged and switched on. Your driver will arrive at the Bus pick up area one (1) hour after your scheduled or delayed landing time for International and 30 minutes for Domestic. We provide 20 minutes complimentary waiting time after the first hour. You may request a specific pick-up time for the Bus pick up area. Bus parking rates for our Buses and Limousines are only complimentary for the first 20 minutes and then a fee of $15.00 per 15 minutes thereafter will be charged to the customer.
    Fast food is not permitted inside our limousines. Seat belts must be worn at all times.
    Our company is not liable in the event of mechanical breakdown, while on charter we will be responsible for making up lost time with alternative transportation. A change of vehicle may be necessary and will not incur any extra costs to the client if this requires an upgrade of the booked vehicle.
    The client and passengers assume full financial liability for any damage to the limousine or bus caused during the duration of the rental by them or any members of their party.
    Cleaning fees start at $250.00 per hour and includes any required drying time.
    This covers spills of drinks, food and/or any body fluids, make up and glitter and staining of any furniture.
    Damage fees are charged at $2,500.00 per damage claim, to cover excess and administration costs.
    Alcohol consumption is only permitted by prior arrangement. Drug use is NOT prohibited by law and our drivers are instructed to contact the police and to terminate the transfer on the spot if drugs are used.
    Any fines will be paid for by the customer (excluding speeding).
    Requests to stop in prohibited zones will not be accepted.
    The driver has the right to terminate a transfer without refund (if there is blatant indiscretion on the part of the client or passengers).
    It is illegal to stand through the sunroof or have body parts extending from the vehicle. Should this occur, the driver will stop the vehicle and the passenger/s will be required to leave the vehicle immediately!
    Smoking and Vaping are NOT permitted in any of our vehicles.
    Rest stop times will be added at the standard wait time rate for the vehicle.
    Wait time rates are $15.00 per 15 mins in all vehicles.
    We are NOT responsible for delays caused by unsafe road conditions (i.e., unforeseen traffic, accidents, or weather etc.).
    Vehicles cannot be loaded beyond seating capacity.
    No luggage is allowed within the body of the vehicle.
    Excess luggage beyond the vehicle luggage capacity is the client’s responsibility.
    Surf boards will only be transported in a trailer or if secured in the rear of the bus (size dependant).
    We are not responsible for articles left in the vehicles, please call 0427 553340 if you need to enquire about lost property.
    Our vehicles will only travel on sealed roads and driveways.
    It is at the driver’s discretion regarding the access availability to any site.
    By making a payment you are agreeing to us using any videos or photographs taken of the event for our advertising and promotions, plus all T’s & C’s. Please feel free to contact our office should have any questions or wish to discuss our Terms & Conditions

    ADDITIONAL SUB-CONTRACTOR No. 5 TERMS AND CONDITIONS

    Bus Hire Terms & Conditions

    Your booking is accepted subject to the following terms & conditions and by confirming your booking you accept that these terms and conditions will apply. [Check your tentative booking email]

    Quotations: Prices are current at the time of quotation and subject to availability at time of booking. All quotes are valid for 7 days from the time of issue.

    Confirmation of booking: A booking will only be accepted when this document is signed and returned to our office. For non-account clients, a $100 non-refundable deposit will also be required. The deposit can be paid by EFT or credit card (charges may apply). [Details in your tentative booking email]

    Cancellations: All cancellations must be advised in writing and acknowledged by us via return email. The following cancellation charges will apply:

    Hours (prior to time of departure) Charge Applicable
    More than 48 hours Loss of $100 deposit
    Between 24 & 48 hours 50% of cost of hire
    Less than 24 hours 100% of cost of hire

    Amendments: It is the responsibility of the hirer to check the booking confirmation for accuracy and completeness. Any amendments to your booking after confirmation can only be accepted subject to availability. The Sub-Contractor & Nightcruiser reserves the right to charge for any addition in relation to the amendment.

    Bonds: Due to the nature of some bookings, we may require a bond for any additional charges you may incur. These could include overtime, damage to vehicle, cleaning fees etc. The bond will be refunded to your nominated account within 7 working days of your charter.

    Food & Beverages: Food and beverages cannot be consumed on board without prior approval.

    Smoking: Smoking is not permitted by law on any vehicle supplied by the Sub=-Contractor.

    Seat Belts: Seat belts, when fitted, are compulsory and Port Stephens Coaches has the right to refuse travel if they are not worn.

    Student Travel:
    Port Stephens Coaches requests that students observe the Transport for NSW Student Code of Conduct (for bus travel) at all times.
    Refusal of Travel/Termination of Charter:
    Port Stephens Coaches has the right to terminate the charter or refuse travel to passengers who are: Displaying unacceptable behaviour
    Causing damage to the vehicle Overly intoxicated

    Unforeseen Circumstances: The Sub-Contractor will always endeavour to get customers to their destinations on time, however are not liable for delays subject to unforeseen circumstances, for example, heavy road traffic or extreme weather conditions.

    Vehicles Used: The Sub-Contractor works closely with other high quality charter suppliers. From time to time the vehicle provided will be that of another company. The vehicle supplied will have all the required specifications and will meet our high standard of quality.

    ADDITIONAL SUB-CONTRACTOR No. 6 TERMS AND CONDITIONS

    These Terms and Conditions apply to the service(s) provided by The Limo Sub-Contractor. By booking the service, you agree to comply with and be bound by the following Terms and Conditions.

    Booking Confirmation
    Bookings will be confirmed by email. [ Check Nightcruiser tentative booking email]. Please ensure that the details in the confirmation email are correct and notify us if there are any errors or omissions. The Limo Sub-Contractor or Nightcruiser will not be held responsible for any incorrect information being provided or insufficient travel time being allocated for the journey. Additional charges will be added if applicable.

    Amendments
    Any amendments to your booking after confirmation can only be accepted subject to availability.

    If you require to extend your time additional charges will apply.

    VENUE ACCESSIBILITY AND VEHICLE RESTRICTIONS

    Due to the length of the Stretch limousines, access to some venues and streets may be restricted and pickup/drop-offs to the front door may not be achievable.

    There may be instances where vehicles are unable to be negotiated over speed humps, through turns, driveways, road closures etc., rendering some locations inaccessible. In this case, we will endeavour to collect/deliver passengers at the closest possible point we can.

    Should your driver deem any location or situation unsuitable for the vehicle, an alternative will be sought and used or termination of travel will occur if necessary – the driver’s decision will be final and no refund will be paid. Driver’s will adhere stringently to all legal road rules at all times.

    When booking please take in consideration anything that may restriction the vehicle to access your location/venue.

    DAMAGES TO VEHICLE AND EQUIPMENT AND MISSING INCLUSIONS

    You are responsible for any deliberate or malicious damage caused to the vehicle or equipment by any passenger during the hire period.  Any Damage to vehicle interiors will be quoted at cost plus administration fees and will be payable on invoice. [Check Nightcruiser Booking email] This does not include glasses, which is imposed at our discretion to cover additional clean up and replacement costs.

    Please review the smoking, seat belt and responsible consumption of alcohol statements below

    CLEANING FEES

    Any additional cleaning fees start at $250.00 per hour this covers spills of drinks or food, any bodily fluids, make up & glitter and staining of any furniture to be paid on invoice.

    COVID-19 UPDATE AS PER THE CURRENT PUBLIC HEALTH POLICY ORDER:

    – Driver & Customers DO NOT have to be fully vaccinated to travel in the vehicle, however it is strongly suggested you are to protect our driver and yourself.

    – Both drivers and travelling passenger must have access to and wear a face mask during each transfer (some exemptions apply).

    – IF OUR VEHICLE IS ENROUTE TO YOU TO COMMENCE YOUR TRANSFER AND YOU CHANGE YOUR MIND AND DECIDE NOT TO TRAVEL, THE BOOKING IS CONSIDERED CANCELLED AND NO REFUNDS OR RE-BOOKINGS WILL BE ALLOWED.  IF YOU ARE UNWELL PLEASE LET US KNOW ASAP.

    – If any of your guests are unwell or have symptoms they should not travel.  The Covid Policy applies to Cancellation and transferring of your booking.

    (These terms may be changed at any time to comply with any immediate state health orders and/or any industry requirements) 

    CANCELLATION POLICY

    We understand that your travel plans may change, or you need to cancel a booking for reasons beyond your control. Where possible we will endeavour to reschedule your booking or provide a refund.

    Cancellation of booking

    More than 2 weeks of your booking  – We will refund minus 20% deposit

    Within 2 weeks of your booking  –  No Refund

    Transferring your booking

    Within 1 week of your booking – We are happy to transfer to a new date minus your 20% deposit

    More then 1 week of your booking – Full payment including your deposit will be transferred to new date.

    RESERVATION CHANGES/CANCELLATIONS DUE TO COVID

    As per current advise and guidelines provided by both Fair Trading NSW and by the Australian Competition & Consumer Commission (A.C.C.C.), any transfer bookings made for a future date that have been cancelled or suspended (including those by any Airlines/Cruise Lines) because of a COVID-19 related issue (e.g. Public Health Orders, regional lockdowns, cancelled third party events due to capacity restrictions etc), If you or any of your group become unwell can ONLY be eligible for a travel credit. Bookings will be honoured for re-scheduled trips if travel plans have changed. All changes are to be advised as soon as possible by email to info@nightcruiser.com.au.

    (PLEASE NOTE: Unfortunately, no guarantee can be given that any booked vehicle may be available on a future date as we are experiencing an extremely high volume of re-bookings. All re-scheduled bookings where travel credits are redeemed are pending vehicle availability)

    PAYMENT TERMS

    A minimum of 20% of the quoted fee is required as a non-refundable deposit to secure your reservation. The balance of the quoted fee is to be paid 7 days prior to the date of your transport. Bookings made within 7 days of travel do require full payment to be made in order to secure any vehicles. Payment may be made by Direct Deposit.  Credit Card payments will be available soon. [Check the instructions and details on your Nightcruiser booking email]

    NO SHOW POLICY

    100% of the cost of travel shall be charged if the customer doesn’t show up at the agreed place at the agreed time.

    NOTE. We send you a transport confirmation direct from our booking System it is up to you to check that we have all details correct.  Please confirm all details are correct and inform us immediately of any changes.

    The Limo Sub-Contractor will not be responsible for errors in pick up, drop or timing unless it is clearly annotated on our Driver Run sheet which the information comes from your transport confirmation. An error in pick up details can result in a NO SHOW being applied to a journey.

    EXTENDED USE – WAITING TIME

    As far as possible, customers should try to maintain the time frame for which the vehicles are reserved. Though we shall try to accommodate the request for extension of time, an extra cost will be charged in increments of 15 minutes as per our standard charges.

    Please book the vehicle for the time you require. Extensions may not always possible as we have multiple bookings on any given day.

    UNFORESEEN CIRCUMSTANCES

    We will make every effort to arrive at your collection and destination locations on time. However, occasionally allowances must be made for unforeseen circumstances such as traffic, road and weather conditions, illness, vehicle breakdown etc.

    Vehicle system (ie. air-conditioning, stereo etc) failures, whilst rare, can happen either before or mid way through a charter. If any vehicle system failure occurs, prior to or during a booking, but the vehicle is mechanically capable of finishing the charter, it will do so and no compensation will be offered or payable.  Every effort will be made by your driver to fix any failures that may arise.

    BREAKDOWN

    Mechanical breakdown – whilst every effort is made with regards to maintenance of our vehicles, break downs can and do occur. We cannot assume responsibility for circumstances beyond our control.

    Should there be a vehicle breakdown or mishap rendering the reserved vehicle out of commission, we reserve the right to substitute vehicle. We will make every effort to supply an alternate vehicle and advise you prior to pick up.

    Should we be unable to provide an alternate vehicle, a pro-rata refund may be paid. No guarantee can be made that we will supply an identical vehicle.

    If the vehicle breaks down during the journey or on-route to customer, the chauffeur will make alternative arrangements.  We will make every effort to provide a replacement vehicle as soon as possible but will not reimburse a client that decides to take it upon themselves to book alternative means of transport.

    We cannot be held financially responsible for the delayed arrival to third party bookings/events due to any vehicle mechanical problems that may arise.

    TERMINATION OF TRANSFERS

    In the event that any member of the travelling passengers commits any of the following offences, our drivers have been instructed to immediately terminate the transfer:

    – Smoking / Vaping in the vehicle

    – Urinating in the vehicle

    – Displays ANY abusive or threatening behaviour.

    On termination of the transfer, the driver has the right to eject either just the primary offender or all travelling passengers to a location they deem safe to stop.

    SMOKING & SEAT BELT POLICY

    As per N.S.W. Law, smoking is strictly prohibited in public vehicles. Seat belts are to be worn at all times the vehicle is in motion and any infringement is the responsibility of each individual passenger.

    ALCOHOL

    The person booking the vehicle takes full responsibility, that all alcohol brought and consumed in the hired vehicle, is done so by persons over 18 years of age.

    LOST/DAMAGED PROPERTY

    Please check that you have all your personal belongings before exiting the vehicle.  If items are left inside the vehicle, you are welcome to arrange a time to collect them.  If the vehicle is required to return with the item or someone needs to deliver items back to you, a fee will be calculated and charged based upon the particular vehicle hourly rate.  If you require an item to be returned by post.  Postage charges will apply.

    We will not be held responsible for any loss or damage to any personal belongings.

    In making a deposit or securing full payment for your transfer, you are accepting all acknowledgment of our T’s & C’s.

    TERMS OF BUSINESS NIGHTCRUISER

    TERMS OF BUSINESS

    © Show World Corporation Pty. Ltd. 01/21

    SHOW WORLD CORPOARTION PTY. LTD. TRADING AS NIGHTCRUISER PARTY BUSES – TOURS & TRANSPORT  (“THE AGENT”)

    COVID POLICY LISTED BELOW

    1. DEFINITIONS & INTERPRETATION

    1.1 In these terms of business, unless the context otherwise requires:-

    Business Day means a day on which the main clearing banks are open for business other than a Saturday or a Sunday;

    Buyer means the means the person, organisation or body to whom/which the Proposal is addressed or such other party as the Agent agrees in writing may be substituted therefore ;

    Cancellation Charges means the cancellation charges set out in clause 6;

    Contract means the contract between the Agent and the Buyer in respect of the provision of Services;

    Contractual Terms means:-

    (a) the terms set out in the Proposal;

    (b) any other terms which the Agent and the Buyer expressly agree, in writing, to incorporate; and

    (c) save to the extent that they are inconsistent with the terms referred to in (a) and/or (b) above, the terms set out herein;

    Deposit means the deposit set out in the Proposal;

    Parties means the Buyer and the Agent and Party means either one of them;

    Price means the charges for the the Services and the Third Party Services as set out in the Proposal (including any amendment thereof), exclusive of the items referred to in condition 7.2;

    Proposal means [the written proposal/quotation issued by the Agent which accompanies these terms of business][the proposed itinerary[ sent to the Buyer by email][set out on the Agent’s website customised for the Buyer];

    Relevant Obligations means the obligation to provide the Services and the obligations ancillary thereto;

    Services means the agency services referred to in the Proposal and final confirmation letter issued on payment of the Deposit which are to be provided to the Buyer by the Agent;

    Third Party means the third party from whom the Agent will source the Third Party Services for the Buyer;

    Third Party Services means the services to be provided by the Third Party to the Buyer referred to in the Proposal;

    GST means value added tax or, if applicable, its equivalent in another jurisdiction.

    1.2 The headings in these terms of business are for convenience only and shall not affect the interpretation or construction of these terms of business.

    1.3 The singular includes the plural and vice versa and any reference to one gender includes a reference to all genders.

    1.4 Save where expressly stated otherwise, words and expressions defined in the Companies Acts 1985 to 2006 shall bear the same meanings in the Contract.

    1.5 Reference to any statute or statutory provision shall include a reference to any statute or statutory provision which amends, extends, consolidates or replaces the same (save to the extent that any amendment, extension, consolidation or replacement would impose more onerous obligations than otherwise exist at the date on which the Contract is entered into) or which has been amended, extended, consolidated or replaced by the same and shall include any orders, regulations, instruments or other subordinate legislation made under the relevant statute or statutory provision.

    2. APPLICATION OF TERMS

    2.1 The Contract shall be solely on the Contractual Terms to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply (whether under any purchase order, confirmation of order, specification or otherwise)) and no variation to the Contractual Terms shall have effect unless expressly agreed in writing by the Agent.

    2.2 The Buyer acknowledges that it has not relied on any statement, promise and/or representation made or given by or on behalf of the Agent which is not set out in the Contract. Nothing in this condition shall exclude or limit the Agent’s liability for fraudulent misrepresentation.

    2.3 By its acceptance (whether deemed or actual) of, inter alia, the Proposal and these terms of business (“Acceptance”), the Buyer:-

    2.3.1 warrants to the Agent that all (if any) information supplied by it to the Agent was, when given, and, at the time of Acceptance, remains true, accurate and complete in all material respects: and

    2.3.2 acknowledges and agrees that in the event of a breach of the warranty set out in condition 2.3.1, the Price shall be adjusted by such amount as the Agent (acting reasonably) determines is appropriate to reflect all (if any) additional work/materials which the Agent (in its absolute discretion) determines is necessary and/or desirable for its proper performance under the Contract (provided always that this condition 2.3.2 shall be without prejudice to all other rights and remedies available to the Agent at law in connection with any such breach of warranty).

    2.4 A certificate (in such form as the Agent shall in its sole discretion determine) signed on behalf of the Agent specifying the total sums due to the Agent by the Buyer (including, without prejudice to the foregoing generality, sums in respect of fees, expenses and/or interest) shall, in the absence of manifest error, be conclusive in determining the extent of the Buyer’s liability to the Agent.

    3. AGENCY AND DESCRIPTION

    3.1 The Buyer appoints the Agent as its exclusive agent in the purchase of the Third Party Services for it and on its behalf from the Third Party. The Buyer acknowledges and agrees that the Agent will act as its disclosed Agent in connection with the purchase of the Third Party Services and that responsibility for payment for those Third Party Services rests with the Buyer and not with the Agent.

    3.2 The quantity and description of Services and Third Party Services shall be as set out in the Proposal.

    3.3 All drawings, descriptive matter, specifications and advertising issued by the Agent and any descriptions and/or illustrations contained on the Agent’s website or in the Agent’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the services described in them and they shall not form part of the Contract. All rack and/or retail prices published or disclosed on the Agent’s website or in the Agent’s catalogues or brochures or other advertising materials have been provided by third parties and are so published or disclosed in good faith by the Agent. The Agent shall have no liability to the Buyer in the event that such rack and/or retail prices are incorrect.

    4. DELIVERY

    4.1 Unless otherwise agreed in writing by the Agent, delivery of all Services and Third Party Services shall take place at the address identified in the Proposal.

    4.2 Subject to the other provisions of these terms of business, the Agent shall not be liable for any direct, indirect or consequential loss (all of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges and/or expenses caused, directly or indirectly, by any delay in the delivery of Services (even if caused by the Agent’s negligence) or the Third Party Services, nor shall any delay of less than 80 Business Days continuous duration entitle the Buyer to terminate or rescind the Contract.

    4.3 If, for any reason, the Buyer fails to accept delivery of any Services when they are ready for delivery or the Third Party is unable to deliver the Third Party Services on time because the Buyer has not provided appropriate instructions, documents, licences or authorisations the Services or Third Party Services (as appropriate) in question shall be deemed to have been delivered.

    5. NON-DELIVERY

    Any liability of the Agent for non-delivery of Services shall be limited to replacing the Services in question within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Services. The Agent shall have no liability to the Buyer for non-delivery of the Third Party Services. The Buyer acknowledges and agrees that responsibility therefor will rest with the Third Party.

    6. BOOKINGS AND CANCELLATION

    6.1 A booking is valid after the Deposit has been paid and a Proposal has been issued by the Agent to the Buyer. If the Buyer seeks to amend any Proposal, the Agent will establish whether this is possible and advise the Buyer in writing of any additional Price payable. On payment of any such additional Price, the Proposal will be amended.

    6.2 The Buyer shall be responsible for payment of the Price regardless of whether delivery of the Services or the Third Party Services is made to parties other than the Buyer. On receipt of the Price from the Buyer, the Agent will make payment to the Third Party of any sums due to it for the provision of the Third Party Services on the Buyer’s behalf.

    6.3 The Deposit is non-refundable. Final payment is non-refundable.

    6.4 If a booking is a gift for a third party, the Agent will provide a voucher to the Buyer for the appropriate Services upon receipt of the full Price. That voucher will be valid for a period of 12 months from receipt by the Agent of the Price and the voucher will be capable of redemption during that period subject to any Cancellation Charges.

    6.5 If the Buyer wishes to cancel any booking (in whole or in part) the Buyer should advise the Agent immediately in writing. In the event of cancellation, the Agent shall be entitled to retain all sums paid. If cancellation is made less than 30 days prior to the date on which the Services were to be provided, the full Price will immediately fall due and payable.

    7. PRICE

    7.1 The Proposal sets out how the Agent will calculate its charges for the Services. In the absence of the Agent’s written agreement to the contrary after the date of the Proposal, charges for any other services (whether required as a consequence of input from the Buyer or otherwise howsoever) will be calculated using the applicable rates (if any) set out in the Proposal or, if no such rates are set out therein, the Agent’s rates generally prevailing for work/goods of the type in question from time to time.

    7.2 The Price is stated inclusive of all applicable:-

    7.2.1 GST;

    7.2.2 duties;

    7.2.3 other like government (central or local) tariffs and levies;

    7.2.4 charges for packing, loading, unloading, shipping, carriage, delivery and insurance;

    which, in each case, the Buyer shall pay, in dollars, in addition to (and contemporaneously with) the Price.

    8. PAYMENT

    8.1 Subject to condition 8.4, payment of the Price (including the Deposit) is due in AUD 7 days to four weeks prior to the date of delivery of the Services set out in the Proposal depending on activates and accommodation booked. You will be notified of payment terms prior to booking.

    8.2 Time for payment shall be of the essence.

    8.3 No payment shall be deemed to have been received until the Agent has received cleared funds.

    8.4 All payments payable to the Agent under the Contract shall become due immediately on termination of the Relevant Obligations notwithstanding any other provision.

    8.5 The Buyer shall make all payments due under the Contract in full without any deduction whatsoever (whether by way of set-off, counterclaim, discount, abatement or otherwise).

    8.6 If the Buyer fails to pay the Agent any sum due pursuant to the Contract, the Buyer shall be liable to pay interest to the Agent on such sum from the due date for payment at the annual rate of 8% above the base lending rate from time to time of the BankWest of Western Australia accruing on a daily basis until payment of all principal and interest is made (in full), whether before or after any judgment. The Agent reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998 and/or other like legislation prevailing from time to time.

    8.7 If payment is not made by the due date, the Services will be cancelled immediately and the Agent shall be under no obligation to provide any Services to the Buyer.

    9. QUALITY AND ABILITY

    9.1 The Agent warrants that (subject to the other provisions of these terms of business) Services shall be delivered by it using reasonable skill and care.

    9.2 The Agent shall not be liable for a breach of the warranty in condition 9.1 unless:-

    9.2.1 the Buyer gives written notice of the defect to the Agent within 5 Business Days of the time when the Buyer discovers or ought to have discovered the defect; and

    9.2.2 the Agent is given a reasonable opportunity after receiving such notice to investigate/examine the Services in question.

    9.3 The Buyer shall be responsible for ensuring that it and all others for whom it contracts have the appropriate level of fitness to take part in any Third Party Services which are undertaken entirely at the Buyer’s and all other’s for whom it contracts own risk.

    9.4 The Agent and its agents reserve the right to cancel or terminate any Services in the event that, in their reasonable opinion, the Buyer and/or any members of the Buyer’s party are unable to safely take part in the Services for any reason. Furthermore, the Buyer acknowledges and agrees that (1) the Third Party may cancel or terminate any Third Party Services in the event that it considers that the Buyer and/or any members of the Buyer’s party are unable to safely take part in the Third Party Services for any reason and (2) that the Agent has no control over the Third Party’s decision in connection therewith.

    9.5 The Agent shall not be liable, in any way or to any extent, for a breach of the warranty in condition 9.1 if:-

    9.5.1 the Buyer makes any further use of such Services after giving such notice;and/or

    9.5.2 the defect arises because the Buyer failed to follow the Agent’s and/or the Agent’s agents’ oral and/or written instructions in connection with such Services.

    9.6 Subject to condition 9.4 and condition 9.5, if any of the Services do not conform with the warranty in condition 9.1, the Agent shall, in its own absolute and unencumbered discretion, choose to replace such Services (or the defective part) or refund the price of such Services at the pro rata Contract rate.

    9.7 If the Agent complies with condition 9.6, it shall have no further liability for a breach of the warranty in condition 9.1 in respect of such Services.

    10. LIMITATION OF LIABILITY

    10.1 Subject to condition 4, condition 5 and condition 9, the following provisions of this condition 10 set out the entire financial liability of the Agent (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:-

    10.1.1 any breach of the Contractual Terms;

    10.1.2 any use made by the Buyer of any Services or of any product incorporating any Services; and

    10.1.3 any representation, statement or delictual act or omission (including negligence) arising under or in connection with the Contract.

    10.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.

    10.3 Nothing in these terms of business excludes or limits the liability of the Agent:-

    10.3.1 for death or personal injury caused by the Agent’s negligence;

    10.3.2 under section 2(3) of the Consumer Protection Act 1987;

    10.3.3 for any matter which it would be illegal for the Agent to exclude or attempt to exclude its liability; or

    10.3.4 for fraud or fraudulent misrepresentation.

    10.4 Subject to condition 10.2 and condition 10.3:-

    10.4.1 the Agent’s aggregate liability in contract, delict (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to an amount equal to the Price.

    10.4.2 the Agent shall not be liable to the Buyer for loss of profit, loss of business or depletion of goodwill (in each case, whether direct, indirect or consequential) or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract;

    10.4.3 the Agent shall have no liability to a third party for losses, damages, costs, claims and/or expenses which arise in connection with (whether directly or indirectly) Services and the Buyer shall indemnify the Agent, on demand, in respect of the same; and

    10.4.4 the Agent shall have no liability to the Buyer or any member of the Buyer’s party in connection with the actions (negligent or otherwise) of the Third Party. The Agent shall have no liability to the buyer for any death or personal injury caused by the Third Party negligence.

    11. ASSIGNATION

    11.1 The Agent may assign the Contract or any part of it to any person, firm or company.

    11.2 The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Agent.

    12. FORCE MAJEURE

    12.1 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.

    12.2 Following termination of the Relevant Obligations pursuant to condition 12.1, the Buyer shall pay the Agent such part of the Price as is due in respect of Services then supplied in accordance with the Contract.

    13. TERMINATION

    13.1 Subject to condition 13.2, either Party shall be entitled to terminate all, but not part only, of the Relevant Obligations forthwith (and shall notify the other Party in writing accordingly) in the following circumstances:-

    13.1.1 if the other Party is wound-up or dissolved;

    13.1.2 if a resolution is passed for the winding-up or dissolution of the other Party (other than a resolution for the purpose of any reconstruction or amalgamation or a member’s voluntary winding-up, in each case, in terms previously approved in writing by the other Party otherwise entitled to terminate under this condition 13.1.2, such approval not to be unreasonably withheld or delayed);

    13.1.3 if a liquidator, trustee, receiver, administrator, administrative receiver or similar officer is appointed over the whole or any material part of the property, assets or undertaking of the other Party;

    13.1.4 if the other Party commits a material breach of its obligations under this agreement and, where such breach is capable of remedy, it is not remedied by the Party in default within 15 Business Days of it being required in writing so to do by the other Party;

    13.1.5 save for diligence on the dependence of an action, if any diligence, distress, execution, sequestration or other process is levied or enforced upon or sued out against the property of the other Party and is not discharged, in full, within 5 Business Days;

    13.1.6 if the other Party suspends payment of its debts or is unable or is deemed to be unable to pay its debts (within the meaning of the Insolvency Act 1986 or any statutory modification or re-enactment thereof);

    13.1.7 if a proposal is made or a nominee or supervisor is appointed for a composition in satisfaction of the debts of the other Party or for a scheme of arrangement of the affairs of the other Party or the other Party commences negotiations with one or more of its creditors with a view to the general readjustment or rescheduling of all or part of its debts or enters into any composition or other arrangement for the benefit of its creditors generally or any class of creditors or proceedings are commenced in relation to the other Party under any law, regulation or procedure relating to the reconstruction or readjustment of debt;

    13.1.8 if the other Party transfers all or a material part of its business and/or assets to a third party otherwise than in the ordinary course of its business;

    13.1.9 if the other Party ceases to carry on its business or substantially the whole of its business; and/or

    13.1.10 if any of the matters referred to in paragraphs 13.1.1 to 13.1.9 above (inclusive) occurs in relation to a holding company of the other Party.

    13.2 The cessation of the Relevant Obligations shall be without prejudice to:-

    13.2.1 the remaining provisions of the Contract which shall continue in full force and effect;

    13.2.2 without prejudice to condition 13.2.1, the due performance by each Party of all obligations incumbent on it up to the date of cessation; and

    13.2.3 the remedies available to the other Party in respect of any breach of such obligations.

    14. ENTIRE AGREEMENT

    14.1 To the fullest extent permitted by law, the Contractual Terms represent an exhaustive statement of the terms of the Contract and no other term shall be deemed to be incorporated therein.

    14.2 The Contract constitutes the whole and only agreement between the Parties relating to the provision of the Services forming the subject matter thereof and supersedes and extinguishes all (if any) prior drafts, agreements, understandings, undertakings, representations, warranties and/or arrangements of any nature whatsoever (whether or not in writing) between the Parties in connection therewith.

    14.3 The Buyer agrees that:-

    14.3.1 it has not been induced to enter into the Contract in reliance upon (nor has it been given) any warranty, representation, statement, agreement or undertaking of any nature whatsoever other than as form part of the Contractual Terms; and

    14.3.2 to the extent that it has been so induced, it unconditionally and irrevocably waives all claims, rights and remedies which it might otherwise have had in relation thereto.

    15. GENERAL

    15.1 No waiver by either Party of any of the requirements of the Contract or of any of its rights thereunder shall be effective unless given in writing and signed by or on behalf of that Party and no forbearance, delay or indulgence by either Party in enforcing the provisions of the Contract shall prejudice or restrict the rights of that Party nor shall any waiver by either Party of any of the requirements the Contract or any of its rights thereunder release the other from full performance of its obligations stated therein.

    15.2 Each provision of the Contract shall be construed separately and (save as otherwise expressly provided therein) none of the provisions thereof shall limit or govern the extent, application or construction of any other of them and, notwithstanding that any provision of the Contract may prove to be invalid or unenforceable, the remaining provisions of the Contract shall continue in full force and effect.

    15.3 By Acceptance, the Buyer agrees to the registration of these terms of business, the Proposal and/or each (if any) certificate issued by the Agent pursuant to condition 2.4 above, for preservation and execution.

    15.4 No variation of the terms of the Contract shall be effective unless made in writing and signed by each of the Parties.

    15.5 All intellectual property (of whatever nature) created by the Agent in connection with the Contract shall belong solely to the Agent.

    15.6 The Parties do not intend any provision of the Contract to be enforceable by any person who is not a Party, whether pursuant to the Contracts (Rights of Third Parties) Act 1999, by operation of ius quaesitum tertio or otherwise.

    15.7 Any notice required to be given by either Party to the other shall be deemed validly served if served by:-

    15.7.1 first class post addressed to the other Party at its registered office or principal place of business;

    15.7.2 Personal delivery by hand to such address; or

    15.7.3 email to an email address used by a representative of the other Party at any time in the 130 Business Days prior to the date of the Proposal or such other email address as may, from time to time, be notified in writing by the other Party for this purpose;

    And any notice so served shall be deemed to have been served:-

    (a) in the case of 15.7.1 above, 2 Business Days after posting the same;

    (b) in the case of 15.7.2 above, upon delivery; and

    (c) in the case of 15.7.3 above, upon transmission if it is sent if sent before 3pm on a Business Day or 10am on the following Business Day in any other case (provided always that no error message indicating a failure to deliver has been received by the sender).

    In proving service, it shall be sufficient to prove that the notice was properly addressed and posted or that delivery or transmission took place (as the case may be).

    16. GOVERNING LAW

    The Contract shall be governed by the law of the Commonwealth of Australia and the Parties submit to the exclusive jurisdiction of the Australian courts. Our booking office is located in Australia.COVID POLICY

    Nightcruiser Party Buses and our 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.If you wish to cancel the event an admin fee will be added from Nightcruiser Party Buses of $399 ( any Corporate events) and any other events such as stag, hens and birthday parties of $100. If the suppliers have any admin fees, Nightcruiser Party Buses will pass those cost on to you, the client.
    • Where an event cannot be rescheduled, we will offer a full refund where our suppliers COVID policy allows minus any admin fees + credit card charges from Nightcruiser Party Buses as per above and any from the suppliers.Due to the time of the year, a very small number of our suppliers only offer postponement of events and packages booked. In this instance, Nightcruiser Party Buses will indicate in the proposal text under those packages and suppliers affected.
    • If the region where the event is booked is in level 1 or 2 – the event can go ahead, and it will go ahead as originally planned. Please refer to our normal cancelation 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, it will incur a $199 administration fee.

    Postponement Terms

    • Pending the supplier’s postponement terms which are normally either 3, 6 or 12 months from the booked event date, we will reschedule your event for a date that will suit both you and the affected supplier(s).
    • Please note that if funds have been forwarded to the supplier already in terms of a 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 Nightcruiser Party Buses. For your event to go ahead, Nightcruiser Party Buses would have to book another supplier if possible and an invoice would be issued for the costs associated with that.
    • We are happy to postpone the event wherever possible however it will occur an admin fee ranging of $75 to $199 pending on how many activities you have booked, things needs changing and amending. This will apply each time you change the date.