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/security deposit/bond to Show World Corporation Pty. Ltd. trading as “Nightcruiser” for and on behalf of any Nightcruiser’s chosen Representatives carrying out the services.
Nightcruiser chosen Sub-Contractors Various chosen Sub-Contractors assist us with delivering our exclusive Party Tours and Services.
You agree, accept and understand that Nightcruiser will allocate a suitable Sub-Contractor to carry out the Party Tour and Services as agreed.
They will be in full control and assist you directly and you will abide by their own terms and conditions as well. Their additional terms and conditions are shown below.Additional Terms and CondittionsrelationtoSub-Contactors you must agree to:
Nightcruiser Party Bus Tours & Transport Terms and Conditions
Sub-Contractor No.1 Sub-Contractor No.2 Sub-Contractor No.3 Sub-Contractor No.4 Sub-Contractor No.5 Sub-Contactor No.6
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 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 cannot 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 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.
27. Keep inside at all times
It is illegal to throw any items out of the window and or have hand, arms, heads or bodies handing out of the windows.
This includes plastic drink bottles or cans.
28. Bus/Vehicle Groups or Charters:
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 the Sub-Contractors 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. [Check your tentative booking email and it will indicate Blue Tooth or AUX cabe]
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.
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.
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.
SUB-CONTRACTOR No. 1
ADDITIONAL SUB-CONTRACTOR TERMS AND CONDITIONS
1. BOND
To confirm any booking a booking deposit/damage security bond is required. By paying this Deposit/bond you automatically agree to the terms & conditions set out below.
Vehicle and booking will not be secured for your tour until the bond is received, and therefore first come first served due to the demand for Nightcruiser Party Tour. 2. COMMUNICATION LEGAL DOCUMENT Any phone, email and text message correspondence is deemed the same as a legally signed document. 3. CANCELLATION CHARGES POLICY. Cancelling a confirmed and fully paid booking less than 24 hours prior to your pickup booking scheduled time will result in a cancellation fee equal to 100% of the total booking price. Cancelling a confirmed and paid booking more than 24 hours prior to your pickup booking scheduled time, will result in a cancellation fee equal to holding deposit.4. REFUND CLAIM Refund of Security Bond/ Deposit: 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. 5. FULL-SERVICE PRICE PAYABLE IN CASH. Payment is due in full prior to boarding unless agreed to be paid 7 days in advance via credit card or direct deposit.6. INSPECT VEHICLE UPON ARRIVAL. Inspection prior to departure is suggested. Board bus alone, pay your charter fee and inspects the bus for any damage. Any damage caused during the charter will be your responsibility. 7. CLEANING FEE. Cleaning fee up to $100 will be charged at the driver’s discretion if the bus is left in an untidy state. There are bins supplied please assist by using them. Vomit will warrant an automatic loss of bond. 8. ONBOARD ALCOHOL CONSUMPTION. BYO Alcohol is permitted a maximum of 2 drinks per guest. Under no circumstances should any glass items be brought onto the bus. All drinks should be in plastic or cans. We do not take any responsibility for any injury as you are held accountable for any glass brought onto the bus without our knowledge.9. SENSIBLE ALCOHOL CONSUMPTION The Representative party bus encourages and enforces sensible alcohol consumption at all times. If any passengers are deemed too intoxicated or causing a disturbance they can be asked to leave the vehicle and if given the option to travel home by taxi or other means do so at their own expense or may immediately terminate the entire tour at the discretion of the Driver. In this instance and immediate loss of the entire bond will apply.10. DAMAGE. Where the vehicle is damaged by the hirer or your guests we reserve the right to cancel the charter immediately and if deemed necessary, all bond may be kept. If you the hirer and your guests cause excessive damage loss of bond will result. The Representative/Subcontractor will take reasonable action to recover all costs incurred. An invoice will be sent to the Hirer for any additional costs with 7-day payment terms. Failure to pay this amount may result in debt collection, and further legal proceedings may commence. As the hirer, you will be responsible for all debt collection fees, interest charges and any other expenses incurred in the recovery of these monies. No standing jumping or dancing on bus seats, loss of bond and a $200 per damaged seat will or occur. 11. SMOKING ONBOARD State Law prohibits smoking on passenger vehicles. Anyone caught doing so will be removed from the bus with no refund provided 12. UNFORESEEABLE EVENTS AND OUT OF OUR CONTROL Traffic, Mechanical failure, street access and other conditions are unpredictable. If your vehicle does not arrive as expected we will not be held liable and you agree not to claim against the Representative or Show World Corporation trading as Nightcruiser. 13. HIRER’S RESPONSIBILITY As the hirer of the chartered vehicle, you are responsible for your guest’s actions and compliance with the terms and conditions. The driver is within their legal rights to evict any individual or all persons at any time at their discretion if you or your guests are causing a disturbance, deemed to be acting in a manner that could cause the vehicle to have an accident, unruly behaviour, are heavily intoxicated, or acting in a manner that the driver feels is inappropriate at their discretion, no refunds will be given, and an automatic loss of the entire bond will occur.14. WAITING TIME At times where the bus is made to wait due to you or your group you will be charged at $200 per hour rounded up in 15-minute increments ($50). This fee also applies to additional stop-offs at the end of night. (E.g. McDonald’s on the way home) Should this waiting exceed your bond, or where you have already lost your bond you may be required to pay extra in cash or via credit card to continue the night. If a prior agreement has been made this clause will not apply.15. ADULT SUPERVISION Teen Fun Bus and Kids Party Bus Tours Adult Supervision. Suitable Adult supervision must be provided as instructed by The Representative. The number of adults is dependent on the number of passengers. The driver cannot supervise any group other than carry out his responsibility under the Transport of NSW Act.16. BEHAVIOUR. The throwing of objects out of windows is illegal. Passengers must keep all body parts inside the bus at all times, fighting, rioting, vandalism, damage to personal property or property of The Representative or anti-social behaviour will generally result in the passenger/s immediate termination from the tour, or in certain circumstances the cancellation of the entire tour. No refunds will be given and an immediate loss of entire bond and service charge will apply. Any additional costs will be at their own expense e.g. taxi fares.17. LOST PROPERTY. We take no responsibility for any items left on our buses, but any items that are found will be kept in our office for seven days for safekeeping. After this period, we reserve the right to donate or dispose of the items accordingly. 18. PHOTOS Sometimes we have a host on the bus who takes photos or video. These photos are published on the Nightcruiser website or social media sites such as Facebook and Instagram. If you do not want these photos to be published on our website or social media you must advise us prior to the event, during the event or after the event following your party. If you do not like any or all of your photos that are published, let us know and they will be removed. 19. PAYMENTS. Bond payments must be received in advance before we confirm your booking with due date indicated in the booking office correspondence. Payments for the Job [depending on the arrangement as per your booking confirmation] must be made clear 7 business days in advance or 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) 1300NIGHTCRUISER.2. Pay anybody Bank Transfer to
Show World Corp. Pty. Ltd.
BankWest,
BSB: 306 – 042,
A/c: 0912251
Reference: Your Booking Number and or Name3. Direct over the counter bank deposit or “Last minute” guests are more than welcome and the Nightcruiser Booking 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 Cards incur a small additional 1.9% to 2.9% Surcharge |
SUB-CONTRACTOR No.2
ADDITIONAL SUB-CONTRACTOR TERMS AND CONDITIONSINTRODUCTIONINFORMATION:Buses used are equipped with fun and entertainment in mind and have CD Player and AUX cable connection to enable you to play your own music. Some buses have Flat Screen TV, Ice Box, and dance poles. There is a limited selection of pre-made music available, please advise us at time of booking if you do not have your own music.
Our Nightcruiser Representatives in Wollongong plays music LOUD WITH LOTS OF BRIGHT FLASHING LIGHTS.
If you are pregnant, suffer from epilepsy or any other symptoms which could be affected by loud music and flashing lights we suggest that you do not travel on our buses. We do not accept any liability for hearing loss or any other form of illness or symptoms brought on by travelling on our buses.
Job Acceptance- So you have received your quote and want to go ahead and book. Firstly, you MUST check all details are correct. If any changes are to be made please contact our office staff.
*Please note*. Time and location changes may affect the charter price. Our staff will then process the booking confirmation and send it back to you within 48 hours. Payment- A $200 deposit is required at the time of booking. The balance of payment is required 7 DAYS PRIOR TO THE BOOKING DATE.
Cancellations- There are no refunds of your deposit/bond if a cancellation is requested. Jobs cancelled once booked will incur the deposit/bond and booking fee. Jobs cancelled within 7 days of the booking will incur up to a 50% charge of the booking/package fee as we are usually unable to re-hire the vehicle within this time.
Bond (Damages / Excess Cleaning)- The hirer agrees to a $500 bond via credit card authorisation and that any damage caused to the vehicle by the hirer or group will be deducted from the $500 bond without further notice. The Hirer agrees to pay for any damages above the bond amount direct to us within 48 hours of the charter. Failure to pay for excess damage may result in the Police being notified and or civil procedures in order to recover our costs. Vomit / Excess Cleaning is charged at the rate if $150.00 per vehicle, our vehicles have bins and sick bags, please use them if required. Times / Pickups- Vehicles will arrive 5 minutes prior to your requested pickup time. It is important for your group to departs at the scheduled time. For return pickups, we understand that some of our special friends may take more time than required to board the bus home. Please note 15 minutes wait time is given and then overtime fees will be charged at the vehicles hourly rate or part thereof. Any changes or extra drop-offs or pickups (even if en route) will be charged at the vehicles overtime hourly rate.
(Minimum of $55.00 extra per pickup or dropoff). Liability- Our Wollongong Representative and Nightcruiser Party Tours accepts no liability for any delayed or cancelled flights or cruises, delays caused by traffic or traffic accidents, loss or damage to personal items bought onto our buses. Passenger Manifest- Once your job has been confirmed our office might contact you the day prior to confirm finalised job details and passenger numbers travelling. The Hirer / Person in charge of the group is required by law to keep a list of names and contact details of everyone travelling on the vehicle for the duration of the charter booking.NO EXTRA PASSENGERS will be allowed to travel on the forward or return journey. Group Behaviour / Alcohol – The Hirer / Person in charge is responsible for the groups’ behaviour. THIS INCLUDESbut is not limited to; Ensuring your group abides by the terms and conditions of the charter. If anyone on the bus is under theage of 18 years NO Alcohol will be permitted onto the vehicle. ID must be shown upon entry to the vehicle. I.D. Willbe required for anyone under the apparent age of 25 who wants to consume alcohol. A quiet drink is allowed on theforward transfer ONLY (Maximum of 2 drinks per person). Due to OH&S Regulations and Alcohol Laws, No alcohol is allowed to be consumed on the return transfer. All alcohol will be checked on entry and excess alcohol will not be allowed onto the vehicle. NO GLASS is allowed ONLY plastic and cans. On the return transfer Alcohol will be lockedaway by the driver/hostess. At the completion of the charter, excess alcohol will be handed back to the hirer.NOTE – Any passenger who becomes aggressive or unruly towards the driver or other passengers or who do notfollow any lawful request by the driver or hostess will be refused entry and/or asked to leave the bus, failure to do so will mean the charter will be terminated and/or the Police called. Adult Entertainment- This is a contracted service that we have no control over. We simply act as a referral service.At no time are The Host / Hostess, Waiter / Waitresses allowed to be touched, photographed or filmed, the service will be terminated immediately and no refund given. Please ensure the group is fully aware. Party Bus Vehicle Allocation- We reserve the right to change any vehicle as deemed necessary if a vehicle is unavailable due to unforeseen circumstances. We will endeavour to supply as close to the vehicle seating capacity and party bus style confirmed. If for some reason the music system becomes inoperative no discount will be given. If for some reason the bus has issues and is unable to continue a substitute vehicle will be sent. If a substitute vehicle is not sent or the vehicle made operational our financial responsibility is limited to the $200 deposit. Video Recording and Images- Our vehicles and drivers are equipped with Video Imaging and still image photography.As the hirer please be aware and notify your guests that they may be filmed or have still images of them during their travel on the vehicles. This is to ensure the safety of the driver, passengers and vehicle. Please be aware that these images can be viewed or used at any time by our company, the Police, or any other person authorised by our company for safety, insurance, verification and future marketing and promotional purposes.
SUB-CONTRACTOR No.3
ADDITIONAL SUB-CONTRACTOR TERMS AND CONDITIONS
TERMS & CONDITIONS Bookings & Fees:
All payments to our third subcontractor are to be made via an elected credit card. All card payments incur a 2% Processing Fee. The subcontractor requires a Holding Deposit of $500.00 from the total amount payable, to be paid 48 hours after making the booking. The remaining balance due is to be paid seven (7) days prior to the date of the trip. The subcontractor also require a $500.00 Bond, to be returned within seven (7) business days after completion of the trip, provided there is no damage to the vehicle. In the case of any damage to the vehicle(s), The Sub-contractor reserves the right to charge costs associated with repair & maintenance of the vehicle(s) to the credit card provided. If an at fault chargeback occurs, you may also be liable for a $30 chargeback fee.
Cancellation Policy: In the event of a cancellation less than seven (7) days prior to your booking scheduled time, a cancellation fee equal to 100% of the total price of the booking will be incurred. In the event of an early cancellation, seven (7) or more days prior to your trip, half of your bond ($250) will be retained by the subcontractor.
Additional Time Fees: Additional time should be planned. Unscheduled additional time will be charged at a rate of $100 per additional hour. Extensions may not be available due to other bookings. Our drivers may refuse to extend the booking at their own discretion.
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Safety Terms: The team at the subcontractor take the necessary measures to ensure safety of all passengers. All passengers should remain seated whilst vehicles are in motion. Under no circumstances should any glass items be brought onto the bus. All food and drinks should be in plastic cups or cans. They do not take any responsibility for any injury incurred by any glass brought onto the bus without their knowledge.
Alcohol Terms: The subcontractor has a strict alcohol policy. Under no circumstances can the sale, consumption and provision of alcohol to any person/s under the age of 18 years old be made whilst on the vehicles. Evidence of this will result in immediate termination from the bus, with no refund provided.
Alcohol Terms for Formals: Due to the nature of secondary supply laws they do not allow any alcohol on board for Formals, Socials or other under age events. They will not under any circumstance facilitate underage drinking. A parent/guardian must also sign the terms and conditions for the aforementioned events, prior to departure.
Smoking Terms: State Law prohibits smoking on passenger vehicles. Anyone caught doing so will be removed from the bus with no refund provided.
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Unforeseeable Events: Whilst we do take the due and appropriate measures to ensure a seamless trip for our passengers, traffic, street access and other conditions are unpredictable. Our Drivers will update you on the day of your booking as to any changes in conditions affecting your trip. If your vehicle does not arrive at the anticipated time, The Subcontractor is not liable for any late arrival.Offensive Guests Guests who arrive intoxicated or under the influence of illicit drugs of any kind will be refused entry onto the bus. They reserve the right to exclude any person(s) from the bus if they become socially offensive and/or cause offence or inconvenience to others, including members of the general public. We reserve the right to give your contact details to the appropriate authorities, in the case of any complaint or incident relating to guests onboard. Further to this, the driver has the right to refuse any passenger(s) to board the bus, if he or she feels that the passenger(s) are aggressive or a danger to any other passenger(s), themselves or members of the public. If a passenger(s) becomes aggressive during your booking, the driver may request that the offending person exit the vehicle. The Driver reserves the right to terminate service at any time in any extreme case. In the event of such a situation, the appropriate authorities may be contacted and no refund will be issued.Bus Cleaning and/or Damage: If the bus requires cleaning beyond what would be normally expected (such as removing excessive spilt drink, party poppers, chewing gum or confetti), additional cleaning fees will apply. If the vehicle requires repairs as a result of your groups actions, you will be responsible for the cost of these repairs. The subcontrators vehicles are custom-made, and as such any damage to the seating may incur additional costs. Damage to any electrical equipment (eg: stereo system, smoke machine, tv) may incur additional costs of up to $2000.
The 30 Seat Subcontractors Bus is equipped with a toilet that is run by a septic system, unlike an average household toilet.
• DO NOT deposit feminine hygiene products, toilet paper or any other items into the toilet, as it will cause it to over flow and to clog – there is a bin provided for disposing of any waste items.
• DO NOT stand on the toilet seat or the lid of the toilet.
• DO NOT SMOKE in the toilet
The driver will give clear instructions on how to use the toilet facilities. The toilet will be checked on completion of the booking and any damage will be noted and reported. Any damage to the toilet may
incur maintenance or repair costs of up to $1200.00
Excessive damage may incur further charges and may be reported to the Police
Photos: Sometimes we have a host on the bus who takes photos. These photos are published on the subcontrators web site
or social media sites such as Facebook and Instagram.
If you do not want these photos to be published on our or their web site or social media you must advise us prior to the event, during the event or after the event following your party. If you do not like any or all of your photos that are published, we are happy to remove these once notified.
Lost Property:
The Subcontractors Team does not take any responsibility for lost or stolen items.
They will contact you if any items have been found on the bus and make arrangements to have these returned. If no attempt to claim items is made within 7 days, belongings may be disposed of or
donated.
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Note: The individual who makes the booking will be liable and held responsible with all of the above terms & conditions once signed or agreed to online. The terms & conditions may be signed and sent back to the Nightcruiser team by email, or alternatively, signed on the
day/night of the booking. Further to this, you MUST provide photo ID on the day/night of the booking to the driver for security purposes.
To the Sub-Contractor:
I HAVE READ AND AGREE TO ABIDE BY ALL THE SUB-CONTRACTOR’S PARTY BUS TERMS & CONDITIONS:
…………………………………………………………… (PLEASE PRINT FULL NAME)
…………………………………………………………… (SIGNATURE & DATE SIGNED)
………………………………………………… ( Driver’s License Number)These terms and condtions may have been emailed to you as part of the Nightcruiser Party Tours booking email.
SUB-CONTRACTOR NO.4
ADDITIONAL SUB-CONTRACTOR TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS FOR TRAVEL AND BOOKING A PARTY BUS
- When booking you must allow travelling time.
- When booking for airport shuttle and cruise ship shuttle allow for the required check in time see below for required time*.
- The Sub-Contractor No.4 accepts no liability or responsibility for any delayed or cancelled flights.
- The Sub-Contractor No.4 accepts no liability or responsibility for any delays caused by traffic or traffic accidents.
- Drivers have the right to refuse any passenger(s) to board a vehicle, if he or she feels that the passenger(s) are aggressive or a danger to any other passenger(s) or driver. If a passenger(s) becomes aggressive during transportation the driver may request that the offending person exit the vehicle or instantly terminate the service.
- The Sub-Contractor No.4 accepts no responsibility for any lost or damaged luggage therefore please keep an eye on your luggage at all times.
- Prices and quotations are subject to change without notice until a booking has been made and confirmed.
- When emailing, we will respond with a quote subject to bus availability. This is not a confirmed booking. A Booking is only confirmed once a deposit/bond payment has been made over the phone.
- The Sub-Contractor No.4 will not be held responsible for any bookings not confirmed by our office.
CANCELLATION CHARGES:
- The booking deposit will confirm your booking and once paid is non refundable no matter what the reason or circustances.
- Cancelling a confirmed and paid booking less than 24 hours prior to your pickup booking scheduled time, will result in a cancellation fee equal to 100% of the total booking price.
- Cancelling a confirmed and paid booking more than 24 hours prior to your pickup booking scheduled time, will result in a cancellation fee equal to holding bond.
SUB-CONTRACTOR No.5
ADDITIONAL SUB-CONTRACTOR TERMS AND CONDITIONS
Frequently Asked QuestionsQ Can I organise my own tour?A Yes we can tailor any tour or party, we are always interested in new ideas and adventures, just askQ Do I need to pay a deposit?A Yes, we only have one Limo Bus, so as you can imagine it is in high demand, we require a non-refundable deposit of 25% to secure your booking.Q Is my deposit returnable?A No, if you cancel your booking we can’t refund your deposit, as we are losing income. However, you are not liable for the balance. In some special circumstances we may be able to reschedule your booking at a later date depending on availabilityQ How many people can you carry?A We are licensed to carry 40 people. We can cater for a small private party of 6; however the price per person will increase. Please contact the office 0427 553 340 or fill in the enquiry form, and we will call to discuss your requirements and costQ Do you have wheelchair access?A Unfortunately notQ Is there a bond required?
A Yes a bond of $1000 is required. The bond may increase for Bucks & Hens nights to $2,000. Your bond is fully refunded if there is no damage to the bus at the end of the experience.
We will usually however require Credit Card details instead of the bond payment but will advise in your tentative booking email.
Q Can we drink on the bus?
A Yes, all we ask is that you are sensible and respect the bus. We are however governed by the code of conduct set by the Liquor & Gaming Regulator, so no under 18’s will be served alcohol and anyone too heavily intoxicated with be cut off. If there is undesirable behaviour the person/s will be removed from the bus and placed in a taxi, at your own expense.
Q Can we bring our own alcohol?
A Yes you are able to, but we ask that you contact the office or note on the enquiry form, so that we can discuss further with you.
Q Do we need ice for our alcohol?
A No, we will provide ice on all trips where you have discussed your requirements with us. We will also be providing complimentary bottles of water with every package
Q Can we smoke on the bus?
A No you are not able to smoke on the bus. If you need to have a cigarette, please discuss with the driver who will find a suitable place to stop.
Q Is there a toilet on the bus?
A No there is not a toilet. If you need to stop, please discuss with the driver and he can usually find a suitable place to stop to use public amenities
Q Can we bring our own music?
A Yes of course, this is encouraged, so that you can make use of our state of the art sound system. If not we have a selection of music.
Q Can we bring a DVD?
A Yes we encourage you to bring your own DVD’s to make it a more tailored event
Q Can we decorate the bus for special occasions?
A Yes within reason, and we are happy to provide ribbons and decorations for weddings. If you require decorations or wish to decorate the bus, please contact the office, or note on the enquiry form your request.
Q Is red carpet available?
A Yes if required, please contact the office or note on the enquiry form of this request
Q What if we go over time?
A If you happen to go over time, there is a charge. The charge prior to midnight is $330 per hour and after midnight $550 per hour. This charge will be deducted from your bond.
Q What is the damage policy?
A We encourage people to act responsibly and follow the guidelines given when entering the bus. Of course we encourage a fun trip, however this does not extend to breakages and damage to any part of the bus
Examples of Damages costs are:
Broken Window $1,000
Broken TV Screen $1,500
Damaged Seat $1,000
Throwing up $300
Prices may vary depending on the availability and costs of parts to replace
SUB-CONTRACTOR NO.6
Terms and Conditions
By placing a booking with Nightcruiser & the Sub-Contractor, The Customer acknowledges that they
have read, understood and agree to accept the Terms and Conditions as detailed below.
Where the Customer is an individual, no part of these Terms and Conditions affects your
rights as a consumer. These Terms and Conditions are in addition to your rights as a
consumer.
In the following terms and conditions, ‘the Company’ refers to the Sub-Contractor, Brand
or identities under which the Company may trade, ‘the Customer’ and/or ‘the Hirer’ refers to
the person and/or organisation making the booking and ‘the Driver’ refers to the driver or
drivers of the coach, the coach operator or supplier of the vehicle.
Pricing and Quotations
All prices are valid for a period of 7 days from the date of issue, subject to vehicle
availability and can be withdrawn or varied without notice. Price changes may occur due to
reasons outside our control which increase the cost of the product or service.
Where an obvious error has occurred with the quoted/accepted price, we reserve the right to
advise the customer of the error and provide an amended price for the journey and void the
quote or confirmed booking.
Payment
If an Invoice is issued, Payment is required in Full prior to the Charter. [Check your tentative booking email]
Charters booked within 48 hours of departure, Payment is to be made at the time of boarding the Bus Via Cash
or EFTPOS.
Cancellation
In the event of Cancellation a Minimum of 48 hours notice is required for a Full Refund of the Deposit or Full Payment.
If notice is given within 48 hours a $50 Admin fee will be applied and deducted from the Refund.
Split The Bill
Full Payment is to be made by the Sole Hirer, It is their responsibility to “Split the
Bill” between the group.
Booking Confirmations and Amendments
It is the responsibility of the Customer to check the Booking Confirmation for its accuracy
and completeness, any discrepancies found in the Booking Confirmation should be
communicated to Nightcruiser as a matter of urgency.
Booking Details
It is the Customer’s responsibility to ensure that all trip details are complete and correct and
at no time should verbal amendments be considered as confirmation of a change to an
existing booking. Depending on the nature of the booking amendment, additional charges
may be required.
No amendment can be agreed with the Driver and the Driver does not have the authority to
bind Nightcruiser & the Sub-Contractor in any manner whatsoever. Within limited circumstances
where the Owner/Sub-Contractor is the Driver is the Driver of the
Charter, It will then be at his Discretion to make amendments to the Charter verbally
throughout the Charter.
Complaints and Issues
Any complaints must be made in writing in a speedy and timely manner, Nightcruiser & Sub-Contactors will be unable to accept any complaints or apply compensation for complaints received more than 30 days after the date of travel. Any remedies or compensatory measures offered (if any) by the Suib-Contractor are at the strict discretion of the management of Nightcruiser & the Sub-Contractor. The Hirer also agrees that in the event of a dispute arising from a booking, a
chargeback request will not be raised through the card issuer or bank.
Any complaints regarding the condition of the vehicle supplied or its facilities should be supported by photographic evidence.
Additional Charges and Surcharges
Unless it has been agreed otherwise, The hire price will not include Meals, Ferries,
Attraction Entry fees (ie Sydney Royal Easter Show), Accommodation or additional Costs
outside Directly Chartering the Bus.
Bonds:
The ub-Contractor may charge a refundable bond for hires it deems to be at risk of additional charges and or damages.
Use of the Vehicle
The Hirer cannot assume the use of the vehicle between outward and return journeys nor will
the vehicle remain at the destination for the Hirer’s sole use unless this has been expressly
agreed in writing by the Sub-Contractor.
Breakdown or Delay
The Sub-Contract may give advice on journey times in good faith, but cannot guarantee
that the journey is completed by a specific time and cannot accept any responsibility or
liability whatsoever for traffic congestion, Road accidents, Adverse weather conditions,
compliance with requests of the police, customs or other government officials and security
services or other matters outside its reasonable control and will not be liable for any
inconvenience or financial loss incurred caused by a breakdown or unforeseen delay be that
en-route to pick up the Hirer or en-route to the booking destination as a result.
Route
Unless the Hirer has advised of a particular route and specified it at the time of booking, the
route taken will be entirely at the discretion of the Sub-Contractor or Driver according to
road, traffic and weather conditions at the time of travel. The vehicle will depart at the times
agreed by the Hirer at the time of the Booking Confirmation; no price discount shall be given
if the route chosen is not actually the shortest.
All pick-up and drop-off locations and routes of travel must be legal points for embarkation
and disembarkation and suitable for the vehicle utilised. Where that is not the case, the Driver
will advise the client of the nearest pick-up or drop-off location that meets this requirement,
or take the route of travel required to meet this requirement.
Stops will be made at suitable points to satisfy Safety and legal requirements regarding
breaks and rest for Drivers. It is the Hirers’ responsibility to account for all passengers at
those times. North Coast Charters cannot accept liability for any losses incurred by
passengers who fail to adhere to the Hirers’ instructions.
Any changes requested to the route by the Customer shall be at the Driver’s sole discretion
and the Driver may charge an additional fee if additional drop-off points are requested and
agreed by the Driver.
Change of Vehicle
Teh Sub-Contractor reserves the right to subcontract to another operator to perform the hire
or to supply replacement vehicles. If for operational reasons the Company is compelled to
supply a larger vehicle than required, this will be at no extra charge (unless the number of
passengers is increased from the original booking).
Passenger Numbers
The vehicle supplied by the Company will take into account the number of passengers
specified at the booking time. The Customer must ensure they specify the correct information
at the time of the booking and inform the Company as soon as possible if there are any
changes.
Property & Baggage
The vehicles are subject to statutory safety restrictions on the carriage of luggage and the
Driver has sole authority to decide whether the property is suitable to be carried on that
vehicle.
Our Baggage allowance policy is mandatory, for your safety and to meet legal requirements
in the safe transfer of passengers.
When the vehicle is fully occupied each passenger may carry:
• One Medium to large Suitcase weighing no more than 23Kgs.
• One of either briefcase / laptop / camera bag / normal sized handbag or similar
baggage normally cannot be carried in the cabin, apart from small personal items such
as moderately sized briefcases, laptops, handbags or similar capable of being placed
beneath your legs in your seated position during the journey or at the direction of the
Driver.
• All items must be capable of being stowed in the baggage holds or being placed in the
overhead Parcel Racks in your seated position, unless they can be secured into
unoccupied passenger seats.
When the vehicle is not fully occupied, spare seats may be utilised for extra baggage,
provided that it can be securely stowed ie 2x Suitcases with wheels on one seat held in place
using an elastic jockey strap to prevent them sliding off the seat in corners or under heavy
braking.
When making a booking it is important for the passengers to specify their proposed needs,
and for you to discuss them with us. We will advise you of feasibility, and work out a
solution with you. Should you arrive with more baggage than that specified in the booking,
there is a real chance that we will not be able carry it without offloading passengers or
passenger luggage.
Whilst The Company will take all reasonable care with passenger’s property it cannot accept
liability for any damage to, or loss of that property being carried on the vehicle and the
Company strongly recommends that no valuables should be left on the vehicle at any time,
even if that vehicle is locked.
Cancellation by Hirer
Any cancellation requests must be acknowledged by us via reply email from one of our
representatives. You must email your cancellation request through and ensure that you
receive a reply email from us confirming that your journey is cancelled. We will accept no
responsibility for cancellation requests made via phone, message service or email that has not
been acknowledged by the Company.
Should the Hirer wish to cancel a booking, the following cancellation terms shall apply as
listed under Payments
Cancellation of an event or holiday or “reason for travel” does not affect the Hirer’s liability
for the above cancellation fees and the monies will be due.
Should the Customer not have paid the amount set out above at the time of cancellation the
balance shall become due immediately and shall be a debt owed to tjhe Sub-Coontractor.
The Sub-Contractor may, at its sole discretion as a last resort, engage the services of a debt
collection agency to recover any unpaid amount together with interest and any debt collection
charges. In the event of the Hirer providing Nightcruiser or the Sub-Contractor with credit card details, the
Hirer authorises Nightcruiser or the Sub-Contractor to charge the Hirer’s credit card to recover cancellation
fees in accordance with this condition and where applicable the remaining terms and conditions.
Cancellation by the Company
In the event that the Sub-Contractor is unable to provide a vehicle or vehicles to meet all or
part of the Customer’s booked requirements due to reasons of emergency, vehicle
unavailability, or other reason, the Sub-Contractor will take all reasonable measures to
provide a replacement or alternative solution.
If this is not possible, The Sub-Contactor retains the right to return all monies paid and,
without liability, cancel the booking providing the Customer with as much notice as possible.[Check your tentative email booking]
In such circumstances,the Sub-Contractor shall have no liability for any inconvenience or
loss incurred and will not be liable for any direct or consequential costs howsoever arising. It
is strongly recommended that the Customer consider insuring against this risk.
Purpose of Journey
The Sub-Contractor must be notified of the purpose of your journey, including but not
limited to bookings for sporting events, music festivals or political demonstrations and rallies
at the time of booking. There may be specific legal or other requirements that could affect the
booking.
Failure to notify the Company correctly of the nature of the journey will be construed as
breach of contract and at the Company’s absolute discretion may lead to termination of the
booking without compensation or refund.
Force Majeure
Neither party shall be liable in damages or have the right to terminate this Agreement for any
delay or default in performing hereunder if such delay or default is caused by conditions
beyond its reasonable control including, but not limited to Acts of God, Government
restrictions (including the denial or cancellation of any export or other necessary license),
wars, insurrections, strikes, pandemics, including, without limitation, failure of suppliers,
subcontractors, and carriers, bad weather, and/or any other cause beyond the reasonable
control of the party whose performance is affected to substantially meet its performance
obligations under this Agreement.
Driver’s Hours
Driver’s Hours (Fatigue Management) and rest periods are strictly regulated by Australian
state and federal government law and the Hirer accepts responsibility for timings agreed at
confirmation of booking. The Hirer accepts that neither they nor their passengers shall delay
or interrupt the journey in such a way as to cause the Driver to breach Drivers Hours
regulations and must adhere strictly to all collection times contained in the Booking
Confirmation. If any breach is likely to occur the Hirer agrees to pay any additional costs
incurred.
If delays occur for whatever reason, The Sub-Contrctor may take whatever action is
deemed necessary for the Vehicle in order to comply with the law. Where delays do occur
The Sub-Contractor cannot be held responsible for any losses arising as a result of those
delays or non-performance of the services unless they are due solely to the negligence of
the Sub-Contractor.
Passenger Conduct
It is incumbent upon the Hirer and the Hirer’s party to behave in a proper manner for the
duration of their journey. The Driver is responsible for the safety of the vehicle and as such
may refuse to allow a passenger or passengers to board the vehicle or eject them from the
vehicle if, in the Driver’s sole discretion, the passenger is considered unfit to travel for
whatever reason (for example, being intoxicated, aggressive or abusive). The Driver may
refuse to continue a journey if, in the Driver’s sole discretion, considers any passenger to be
behaving in such a way that may compromise the safety of other persons, the contents of the
vehicle or the vehicle itself.
In such event, at the Driver’s sole discretion, the journey may continue once the passenger or
passengers have been removed from the vehicle, but should passenger conduct result in
summary termination of the journey, the Company reserves the right to cancel any other parts
of a booking, and in such circumstances the forfeiture of any monies paid, and no claims for
compensation or refund in either whole or part shall be considered.
Any damage caused to the vehicle by the Hirer or any of the passengers shall be the
responsibility of the Hirer and the Hirer shall be liable for all costs related.
Alcohol, Tobacco or Drug Consumption
No open alcohol glass products are allowed in the vehicle at any time, BYO Plastic or
Canned Alcohol goods can be permitted in the limited quantities at the drivers Discression. Ie
30 passengers a max of two cases of 30 pack beer cans are permitted on the bus allowing two
drinks per passenger on say a Port Macquarie to Coffs Harbour Trip totalling 90 minutes each
way.
All vehicles are strictly non-smoking.
Non-compliance with a Driver’s request for passengers to refrain from drinking alcohol, the
smoking of tobacco or consumption of illegal narcotics may result in summary termination of
the journey, cancellation of any other parts of a booking and, in such circumstances, the Hirer
shall remain liable for any sums due under this Agreement and the Company shall have no
liability to the Hirer and no refunds shall be provided.
Animals
With the specific exception of recognised assistance animals, (which includes guide dogs), no
animals are permitted to be carried on any vehicle booked under the terms of this agreement,
unless specific permission has been obtained in writing from the Company prior to the
commencement of any journey.
Limitation of liability
Subject to the remaining provisions of this clause, the Company’s liability to the Hirer under
or in connection with this Agreement for all and any direct loss or damage arising from any
one incident or series of connected incidents is limited to the booking value.
The Company shall not be liable to the Hirer (whether in contract, tort, under statute, for
misrepresentation or otherwise including in each case negligence) and whether or not the
Hirer was advised in advance of the possibility of such loss or damage, for:
1. any of the following types of loss or damage whether direct, indirect or consequential
howsoever arising under or in connection with this Agreement or any part of it: loss
of profit, loss of revenue, loss of anticipated savings, loss of opportunity, loss of
business, wasted expenditure, loss from business interruption, loss or destruction of
data, loss of contracts, loss from expenditure of time by managers and employees,
liability to third parties, pecuniary losses arising from goodwill, or loss of or damage
to goodwill; or
2. any indirect or consequential losses whatsoever.
Nothing in this clause or in this Agreement excludes or limits the Customer’s liability to pay
(without set off) the charges or any Additional Charges.
Enforceability
If any provision or term of these Terms and Conditions shall become or be declared illegal,
invalid or unenforceable for any reason whatsoever, such term or provision shall be deleted
but all other terms will remain valid.
Governing Law
These terms and Conditions together with any Booking Confirmation shall be subject to and
construed in accordance with the laws of New South Wales and Australia. The parties hereby
agree to submit to the exclusive jurisdiction of the courts of New South Wale
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 with
the exception of COVID-19 related matters. Please see below:
• A 100% refund will be issued when a cancellation of a booking is confirmed at a
minimum of 7 days prior to your journey.
• A 100% credit will be issued for cancellations that are confirmed 2-7 days prior to
the journey. The 100% credit includes the 20% deposit which is normally nonrefundable. The credit must be used within 12 months of the issue date. [Check your tentative booking email from Nightcruiser]
• The event MUST be cancelled or a key person is unable to travel due to being
affected by COVID 19 to receive the credit or refund.
• Bookings made for journeys now until 31st December 2020 are eligible for a refund
or a credit in the manner noted above, if your cancellation meets these terms.
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