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TERMS AND CONDITIONS FOR NIGHTCRUISER PARTY TOURS – Orange, NSW

Updated 04-21
You understand, agree and accept for Nightcruiser [Agent] to provide its tours and services via chosen Sub-Contactors [Suppliers]. Below the Nightcruiser Party Bus Tours Crew have put up the terms and conditions that you will need to agree with before we accept your booking. It lists Nightcruisers General terms and conditions plus Sub-Contactors. Below we have also listed various additional individual Sub-Contractors Terms and Conditions. They were prepared in simple language and detail for your benefit as we operate strictly in a law-abiding manner.
By paying your Deposit/Bond you automatically accept full responsibility and Terms and Conditions below. You also agree to our chosen Sub-Contractor’s [Supplier]  terms and conditions who will be providing the services to our and your specifications. Email communication or faxes between our office and clients are deemed and treated the same as a legally signed agreement, or amendments thereof.© Strictly Copyright Show World Corporation Pty. Ltd Australia – wide 09-20 Updated 04-21

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 booking deposit/bond to Show World Corporation Pty. Ltd. trading as “Nightcruiser” for and on behalf of any Nightcruiser’s chosen Sub-Contractor carrying out the services.
1. 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 out 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: 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 Deposit:We are unable to refund your booking deposit for a cancellation or for whatever reason and time.

5. Bond: The Bond is refundable providing no damage after the service was detected and and left in a clean condition. We require your bank details to refund to.  At the end of the tour, the vehicle will be checked by the Sub-Contractor’s driver. It will be the customer’s responsibility to check with the driver if he nwill recommend the refund after he has thoughly inspected the vehicle.

6. Bond: Your pre-paid bond cannot be used towards your cash fee due prior to departure. Otherwise tere is 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 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 representatives / 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 needs to be maintained:
Times or venues cannot be changed during the agreed tour as venues have accepted bookings for the time booked and may not grant access if late arrival.

20.   Loss of Bond: If changes to schedule made and non-arrival at the booked venue. Venues are booked for and on your behalf as an additional courtesy service by the Nightcruiser 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.   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 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.

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 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.Visa or MasterCard (No Amex) (over the phone).
2. Pay anybody Bank Transfer. Bank account details in your Booking email.
3. Direct over the counter bank deposit or
“Last minute” guests are more than welcome and the Crew will provide you with the different payment options.
Electronic transfers carry no charge and must reach us by the due date. Payments made by Credit Card incur a small additional 1.9 % – 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.
  • Where an event cannot be rescheduled, 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. 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 as stated in your booking email your deposit is lost if canceling.

    Postponement Terms
  • Pending the Sub-Cotractor [Supplier’s]  postponement terms which are normally either 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 or 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 Sub-Contractor [Supplier] and a new Booking email with costs would be issued.
  • 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.

Additional Sub-Contractor No.1 Terms and Condtiotions

1. Deposit
Your deposit must be received by due date as stated in your tentative booking email before your booking is confrimed. It is due the moment we have made a vehicle has been made avaliable to you and by the date stated in your email.
Be aware your booking deposit can not be refunded for any reason.

2. Payment for service.
Full payment in cash is required at the arrival of the vehicle. The outstanding amount to be paid will be shown in your email. This will allow you to collect from your Guest on the day/night if they are contribiting.

  • A 25% deposit payment may be required, and we will advise you of this at the time of booking and show it in your tentative booking email.

Provided there are no damages or additional cleaning, any security bond will be refunded to your nominated bank account within 5 business days following your charter.

3. Bond
A bond will need to be paid by the due date in the email. This guards against an damage or mess left to and in the vehicle. Check the vehicle on arrival that it is clean without any damage so you can not claim at the end of the serves that it was there to start with.

  • A refundable security bond of $400.00 [amounts could vary] to cover damages and additional cleaning may be requested to be paid upfront in order to confirm your booking (this would be in addition to any deposit payment requested). We will advise you if a security bond is required at the time of booking and in your booking email.

The bond is refundable if no damage or mess [including vomit] if found by the driver after his inspection. We will need your bank details to refund it to. It is up to you to check with the driver if he will recommend that your bond be refunded after his inspection and it might not be done until the vehicle returns to the depot.

  • Should additional cleaning be required (e.g. sick incidents) an additional cleaning fee of $176.00 inc. GST will apply.
  • Please see your driver on the day for assistance if a travel sickness bag is required. We do strongly recommend that any passengers feeling unwell at any time advise the driver accordingly and move to sit at the front of the bus.

3. Extra Time Charges
Our quoted prices are specifically calculated based on the transfer times provided by you, allowing for bus travel from our depot initially and returning back to our depot on completion of the charter (e.g. not just limited to the times to/from your nominated pick-up points). 

  • In instances where your charter exceedingly runs over your specified transport and booked times (particularly return transfers), we may charge for the additional time at or normal hourly rate.

4. Alcohol Policy

  • The consumption of alcohol and the carrying of any open containers of alcohol and glassware is PROHIBITED on our buses at all times. This is a legislative requirement.
  • Our drivers reserve the right to refuse travel to any passenger disobeying the above requirement.
  • Wine Tour Charter passengers can store (unopened) wine purchases on the bus in the luggage compartments. Please see your driver on the day for assistance with this.