Effective: 7th January 2022 

In these terms and conditions, references to “you” or “your” are references to the customer, all passengers, and any assistance animals traveling.

1. DEFINITIONS 

Operator

is the contracted individual, business, company, transporter, or carrier that provides ground transportation services for the physical movement of a person or people.  It includes their driver and all other employees.

Customer

is the person, body, or organisation who booked a charter service or ground transport with us.  It includes all employees, office holders, staff, traveling passengers, and any assistance animals.

Force majeure

is defined as an unforeseen legal or physical restraint because of war, terrorism, civil unrest, strikes, flood, fire, and other abnormal extreme weather conditions, epidemics, pandemics, and acts of Government or regulatory authorities.  It is not an economical restraint.

Enhanced Refund

Enhanced Refund Protection (Policy) offers additional cancellation protection in addition to what is provided under these terms and conditions.

2. WHEN THESE TERMS AND CONDITIONS APPLY 

2.1 Application of Terms and Conditions 

Your booking is accepted subject to the following terms and conditions. By confirming your booking you accept that these terms & conditions will apply. Also check your Nightcruiser Tentative Booking Email.

These terms and conditions cannot be varied by any of our employees, agents, or other personnel or representatives. However, this does not affect our right to waive any enforcement of any terms. A waiver on one occasion does not constitute a waiver on any other occasion.

We provide ground transportation services throughout Australia via the combined fleets of contracted operators that meet our quality control standards.

2.2 The Australian Consumer Law 

These terms and conditions do not limit certain guarantees and rights for consumers that exist under the Australian Consumer Law, as contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Services provided in Australia (including our services) come with the following consumer guarantees that cannot be excluded under the Australian Consumer Law:

• Guarantee as to due care and skill;
• Guarantee as to fitness for a particular purpose; and
• Guarantee as to reasonable time for supply (if no time is specified).

Where we fail to provide services to you in accordance with these consumer guarantees, you may have a right to seek a remedy in accordance with the Australian Consumer Law.

3. QUOTATION

The quoted price is for the use of the operator and vehicle only, unless stipulated in writing by us.  The times and duration of all journeys are advisory only, based on known facts at the relevant time, and not guaranteed by us. More details in your Nightcruiser Tentative Booking email.

You agree to provide us with all the relevant and accurate information about the travel, purpose, and vehicle requirements to enable us to provide an informed and accurate quote and booking confirmation.  You agree to not mislead or withhold any information that you reasonably know, or ought to know, maybe potentially relevant at the time of the quote or booking.  Failure to comply with this term will result in the cancellation of the booking at our sole discretion where it presents a previously unknown risk to us or the operator, or we cannot meet any requirements under the law, or where additional fees and charges would have been payable in all the circumstances.  Where the booking is canceled by us in these circumstances, no refund of the booking will be payable to you.

It is your responsibility to accurately determine the departure time for any journeys contained within your booking, to ensure you arrive at your destination on time.  You must reasonably account for and allow additional time for any foreseeable potential delays, obstructions, the possibility of an unforeseen event, or any other potential risks or consequential loss in all the circumstances when determining your departure and journey times.  We caution you that transportation is particularly at high risk and susceptible to traffic congestion, roadworks, road diversions, bad weather, other vehicle mechanical breakdowns, and accidents that can significantly hinder, impede, or prevent scheduled on-time arrival.  The more critical your arrival time is, the more additional time you must allow.

You certify and warrant your booking does not require the vehicle to travel on any roads that are unreasonably obstructed, that may potentially hinder or prevent the operator or vehicle from completing the journey or booking.  This includes, but is not limited to, weight-restricted bridges or roads, unsealed roads, narrow access points, overhanging trees or wires, low-level underpasses, or roads with unsafe turns or inclines for the vehicle type booked for the journey.  You accept full responsibility and liability for taking all reasonable steps to ensure the route is free from any obstruction.

Notwithstanding the quoted price, any increases that may occur in any applicable charges such as airport charges, fuel surcharges, road tolls, ferries, entry fees or parking charges will be payable by you in addition to the quoted price.  See also ADDITIONAL FEES & CHARGES below.  Prices are current at the time of quotation and subject to availability at the time of booking. All quoted prices include GST.

4. DEPOSIT AND FINAL PAYMENT 

The following terms apply with respect to payment for bookings – additional information in your Nightcruiser Tentative Booking email:

• For customers who do not have a credit account with us – payment of a deposit to the value of 10% of the booking price is required in order to confirm the booking. The balance of any amount due must be paid no later than 14 days prior to the date of travel; and
• If any balance payable 14 days prior to the booking has not been paid, we reserve the right to cancel the booking with all prepaid monies forfeited to us; and
• Should you wish to reinstate any canceled booking by full payment, we can no longer guarantee the availability or quoted price, and any reinstatement will be subject to a new quoted price and full payment received from you; or
• For customers with a credit account with us – payment terms are as agreed when the account was set up, or as later re-negotiated.

If you choose to pay via credit card, fees and charges will display and apply at the time of purchase.

The Customer agrees that if it fails to pay in accordance with this clause, the Company may:

1) Charge a late payment fee of $50.00 on all amounts paid after the due date;

2) Charge interest on debts at 15% per annum from time to time;

3) Charge a dishonor handling fee in the amount of $25.00;

4) Recover all collection and legal costs and expenses incurred in collecting overdue accounts on an indemnity basis; Withhold supply; Sue for the money owing on the Goods or services provided. Failure to comply with clause 1 will constitute a breach of contract and the Company may treat the whole Agreement as repudiated and act accordingly. In the event this agreement has been entered into by more than one party each party shall be jointly and severely liable for any amount due.

5. INVOICES 

Where we have agreed on a credit arrangement or account facility with you, invoices will be issued in accordance with the agreed arrangements and may incur additional credit and payment charges.  All invoices are to be paid within 7 days from the date of the invoice unless otherwise agreed in writing.

Any queries relating to invoices must be raised by you with us, in writing, within 7 days from the date of the invoice.  If no query is raised within this period, you deem the invoice as having been accepted in full.  All overdue accounts will be subject to interest 3% above the prevailing Bank base rate and accrued monthly.

6. ADDITIONAL FEES & CHARGES (Admission, tickets, tolls, ferries, accommodation, fuel surcharges, parking, etc.)

Unless it has been specifically requested by you or stipulated by us in the booking confirmation, our price does not include any fees or charges for tickets, admissions, tolls, ferries, accommodation, fuel surcharges, or parking.

If we may make arrangements for these, upon your request and on your behalf, we do so acting as your agent.  This means any terms and conditions (i.e. payments, cancellations, refunds, etc.) assigned by any third-party related to these arrangements are binding on you, not us, as if you made the arrangements directly with them.  You must specifically request in writing a copy of their terms and conditions before any arrangements are made by us, or you are deemed to have accepted them in full at the time we make the arrangement.  Any cancellations in the arrangements with or by the third party do not change our cancellation terms and conditions in relation to the vehicle and journey, they are for all purposes treated as an entirely separate agreement.

For some journeys, it may be necessary to accommodate the operator and these costs will be borne by you and must be paid before the commencement of the journey.  Where the operator’s accommodation is arranged and paid directly by you, it must be for a single occupancy room of a reasonable basic standard and include an evening and breakfast meal as appropriate.

An additional fuel surcharge fee of up to 10% of the booking value may be charged, due and payable 7 days prior to the date of travel.   Unfortunately, fuel prices may fluctuate between the date of the booking and the date of the travel, and can be significant costs for larger vehicles.  These costs are largely unpredictable and beyond our control.

Any introduced third-party charges, and any increases in statutory charges, taxes, or fees such as tolls, parking, GST, Carbon Tax, fuel surcharges, or any other third-party fees in the effective period, will be payable by you.  Failure to pay any additional fees and charges will be deemed a cancellation of the booking by you, and subject to our normal cancellation terms at the time of cancellation.

7. BOOKING CONFIRMATION

Once you accept a quote from us and wish to proceed to book, we will issue you a booking confirmation based on those same details.

It is your responsibility to check all booking confirmations, immediately upon receipt, for their accuracy and completeness.  You must provide us reasonable notice in writing of any discrepancies, mistakes or concerns to be corrected.  Reasonable notice is within 24 hours of the booking being confirmed and at least 3 days before any journey commences.

If you wish to make a change to your booking,  please contact us by email and telephone immediately. Please note that unless you receive a confirmation of this change in writing it will have not been actioned.

You must not assume the booking confirmation provides for any vehicle, type, standard, quality, capacity, quantity, service, facility, pick-up, destination, travel, admission, tickets, ferries, tolls, parking, accommodation or other fees and charges if it is not clearly stated as being so.

8. BOOKING AMENDMENT 

If you require an amendment to a confirmed booking, you must contact us directly and obtain a new booking confirmation detailing any amendments.  Amendments to bookings may be subject to additional fees and charges. You must accept any new booking confirmation in writing and immediately pay us any difference in fees and charges due, and where this has not occurred the earlier booking confirmation continues to apply.

You must not contact or negotiate any amendments directly with the operator, without our prior agreement.  The operator does not hold any authority on our behalf to agree to any changes or to charge additional fees.  There are certain circumstances we may agree to a booking amendment and for you to pay any additional fees and charges directly to the operator, but only with our express and prior permission.

Where the amendment cannot be accommodated by us due to the lack of available operators or vehicles, you may cancel your booking with us subject to our cancellation terms and conditions, by providing us with the required notice.

9. BOND

A refundable bond may be payable to us, or at our discretion to the operator, for any booking to cover excessive cleaning or damages to the vehicle.  Generally, the bond can be between $200 to $500 depending on the nature of the trip and the number of passengers.  Also shown in your Nightcruiser Booking email.  The bond can be requested at any point from the time of the booking up until the day of departure.  If there is no excessive cleaning or damage to the vehicle, any bond paid to us will be returned within 24 hours of the completion of the booking, and where the bond was paid directly to the operator then it will generally be returned to you immediately upon completion of the booking.

Where the bond is insufficient to cover all excessive cleaning or damages to the vehicle and other foreseeable losses, you are required to pay any additional amounts set out in the compensation table.

10. BOOKING CANCELLATION

10.1 Where You Cancel 

Check your Nightcruiser tentative booking email for more cancelation policy.

Subject to clause 30, in the event that you are unable to proceed with your booking or change your mind, we do not offer refunds or credits unless specified in our terms and conditions.  All requests for cancellations must be made by you in writing.  We reserve the right to charge a cancellation fee as follows:

• Bookings canceled 21 days or more prior to travel: 25% of the value of the booking;
• Bookings canceled 14 days or more prior to travel: 50% of the value of the booking;
• Bookings canceled 7 days or more prior to travel: 75% of the value of the booking;
• Bookings canceled less than 7 days prior to travel: 100% of the value of the booking;
• In all cases our total fee charged will not exceed the value of the booking;
• In addition to any cancellation fee charged by us, you will also be responsible for payment of any cancellation fees or charges levied by third parties (such as venue or accommodation providers) in line with their cancellation policy that may be relevant to your booking or travel;
• Any charges for credit or debit card processing, bank transfers, international currency exchange, or other processing fees incurred by us are non-refundable, and we further reserve the right to deduct any such fees or expenses incurred by us in the processing of the refund to you.

10.2 Where We Cancel 

Subject to clause 30, in the event that we are unable to provide a vehicle or vehicles to meet all or part of your booking, due to unforeseen issues, emergencies, operator or vehicle unavailability, and any other reasons, we will take all reasonable steps to provide a replacement operator or vehicle, or other alternative solution to meet your transport needs.  Where this is not reasonably possible in the circumstances we retain the right to cancel the booking and refund all monies paid by you on a pro-rata basis, without responsibility or liability for any foreseeable and consequential loss suffered by you, providing as much notice as reasonably possible in the circumstances.

10.3 Enhanced Refund Cancellations

Subject to clause 30, where you have selected and paid for Enhanced Refund Protection, or it has been provided complimentary at our discretion, you are subject to any further terms and conditions as set out in that policy.

10.4 Force Majeure Cancellations 

A force majeure, as defined in the terms and conditions, is an event that directly hinders or prevents you from boarding the vehicle, or us from providing the vehicle at your pick-up point or your destination, and shall void the booking and performance requirement where reasonable notice is provided by you or us. Reasonable notice means the written notification is provided at least 48 hours before the event where we or you knew, or ought to have known, would likely hinder or prevent the booking.  In these circumstances the booking is canceled, no monies are due or payable for the booking, all prepaid monies are to be refunded, no cancellation fees or charges payable, and no compensation is payable.

11. CONDUCT DURING TRAVEL

11.1 Adult Supervision 

We require you to have at least one responsible Adult passenger (aged 18 or over) onboard at all times throughout the journey.

11.2 Dress Standards 

We require all passengers to conform to minimum dress standards on any service which includes a shirt, shorts/trousers/skirt, and footwear.  No potentially offensive wording or image should be visible.

11.3 Food and Beverages 

Food & Beverages are not to be consumed on any vehicle without our prior written approval. In such circumstances payment of a bond may be required to cover the risk of damage to the vehicle.
Smoking is not permitted by law on any of our vehicles.

11.4 Behaviour

You expressly promise us a level of peace and comfort by behaving in a safe, respectful, and courteous manner towards the operator whilst remaining in full compliance with all reasonable requests from the operator during the entire duration of travel.

12. ASSISTANCE ANIMALS

Certified Assistance Animals are able to travel free of charge when in the company of the passenger, provided they pose no public health risk or hinder the safe operations of our service.

You must disclose to us during the booking process if you will have an Assistance Animal traveling with you, the type of animal, and the details of certification from an accredited training session.  The Assistance Animal must be trained for travel and be appropriately restrained for the entire duration of travel.

You are required to supply absorbent matting and meet the animal’s needs during the entire duration of travel.  You will be responsible for any and all costs associated with the cleaning or damage of the vehicle associated with the animal.

13. LUGGAGE

13.1 Responsibility for Luggage 

You are responsible for all luggage, carry-on luggage, and personal items. We accept no responsibility and will not be liable for any damage, theft, or loss of any luggage whilst on board a vehicle.

You should not leave your luggage or personal items on the vehicle without your supervision, or our prior agreement in writing.  Where we agree in writing to store your personal items or luggage we do so at your risk.

13.2 Prohibited Items 

We may refuse carriage of any luggage if we reasonably believe that the luggage is:

• Unsafe;
• A hazardous substance or dangerous good;
• Likely to be damaged during travel; or
• Likely to cause damage to other passenger luggage or any other property.
• In the event we refuse to carry luggage, you hold sole responsibility for any and all costs of alternate travel for the luggage.

13.3 Unclaimed Luggage 

If a passenger leaves an item of luggage on one of the operator’s vehicles:

• We will make all reasonable efforts to identify the owner of the luggage and notify them of the unclaimed luggage. Collection of the luggage will be your sole responsibility.
• Any freight fees incurred in transporting the luggage to an alternate location will be borne solely by you.
• We will store the item as lost property for a period of 90 days. Should the item remain unclaimed at the expiry of that storage period, the item will be disposed of at our sole discretion.
• We will not be liable for any loss, expense, or inconvenience incurred by you.

13.4 Lost Items

You are required to keep all your valuables and possessions under your control, or securely stored at all times, for the entire duration of travel.  We will use our best efforts to assist you to locate any lost items but we do not accept liability for any loss associated or suffered.

14. SCHEDULING 

We will use our best efforts to arrive, depart and get to your destination by the scheduled times. However, our ability to provide timely and safe travel services is highly dependent on many factors unforeseen that exist beyond our reasonable control. For this reason, we do not guarantee that we will depart or arrive at the specified times when you make your booking or accept liability for any loss suffered as a result.  We highly recommend that when making travel plans, you ensure that you allow enough time for contingencies and obtain insurance to allow for any unexpected disruptions.

Where our negligence may have contributed to an unreasonable delay of arrival at your destination, you may be entitled to a goodwill payment as set out in the compensation table for more details.

15. ROUTE 

Unless you specified a particular route at the time of booking, the route taken shall be at the entire discretion of us or the operator.

Whilst timing is always an important consideration, safety is the highest priority for any route selection.  Where safety or an obstruction dictates a change in route during the journey that may incur additional time, no responsibility or liability is accepted by us for any delay to your arrival.

While every effort is made to check planned routes by the operator, we accept no responsibility or liability for non-completion of a journey or booking, where the vehicle booked is hindered or prevented from traveling by an obstacle that was not advised by you before the journey commences.  This includes, but is not limited to, weight-restricted bridges or roads, unsealed roads, narrow access points, overhanging trees or wires, low-level underpasses, or roads with unsafe turns or inclines for the vehicle type booked for the journey.

Stops may be made along the journey to satisfy any legal or safety obligations regarding operator breaks.  In addition, the operator may stop for toilet or food breaks if included in the time of the journey, or upon your request at the operator’s discretion.   During any stop, you are responsible for returning and boarding the vehicle at the designated time allocated by the operator.  Where you cause an unreasonable delay you will be subject to additional fees and charges.

Where our negligence may have contributed to an unreasonable delay of arrival at your destination, you may be entitled to compensation as set out in the compensation table for more details.

16. OPERATOR’S HOURS 

Operators’ hours and rest periods are strictly regulated by law.  You accept any delays during the journey may have a consequential impact on the operator’s hours and rest periods, requiring additional stops or breaks.  You agree not to cause any delay or hinder or interrupt the journey in such a way as it may cause the operator to potentially breach their hours or rest periods.  If any breach is likely to occur as a result of your actions, you agree to pay additional fees and charges as set out in the compensation table.

If any delay occurs for whatever reason that has a consequential impact on the operator’s hours or rest periods, we may take whatever action is deemed necessary and appropriate to ensure full compliance with the law.

Where delays do occur we cannot be held responsible or liable for any losses arising as a result of those delays or non-performance of the services unless they are due solely to our negligence.

17. DEPARTURES 

17.1 Departures Generally

You must arrive 15 minutes before departure time to ensure all passengers are assembled, and ready to board with any luggage, and present suitable identification to the operator if requested.

17.2 Airport Departures

You must notify us of the flight number and scheduled arrival time, and book a fixed pick-up time allowing for an adequate and reasonable time for disembarking the flight, potential lengthy walking distance, baggage claim, security screening, passport control, customs, and biosecurity clearance, and making your way to the meeting point 15 minutes prior to departure time.

18. DELAYS & NO SHOW

18.1 Your Delay

You must immediately, but no later than 15 minutes before the booked departure time, notify us of any potential delays to departure.

Where you have contacted us to notify us of a delay of between 15-30 minutes from the departure time, we will continue with the booking, subject to your payment of any additional fees and charges payable set out under the compensation table.

Where you have contacted us to notify us of a delay or more than 30 minutes from the departure time, we will make all efforts to continue with the booking but this will be subject to the operator’s availability, and payment of any additional fees and charges payable under the compensation table.

18.2 Your No Show

Your booking will be deemed a no-show in the following circumstances:

• Where you notify us prior to the departure time of your delay, and it is likely to be or is more than 30 minutes from the departure time, and it would unreasonably hinder or prevent the operator’s other bookings or commitments; or
• If you fail to arrive within 15 minutes of the departure time, and you fail to contact us, our attempt to contact you is unsuccessful.

Where your journey or booking is deemed a no-show, the entire booking fee and charges are forfeited to us, and no amount of money is refundable to you.  We will continue to perform any remaining journeys in the booking, where you comply with these terms and conditions.  We hold no responsibility or liability for any alternative or replacement transport, or for any other loss suffered by you or any third party as a consequence of your no-show.

18.3 Our Delay

We will attempt to notify you at the earliest opportunity, but before the departure time, of any unexpected delay of the operator or vehicle.  Importantly any delay of departure will not necessarily result in a late arrival at your destination where the operator can safely and reasonably make up time during the journey.

A delay of up to 30 minutes to the arrival time at your destination should have minimal to no impact on the purpose of your travel if you reasonably adhered to our warnings and requirement to include additional time for potential delays in our susceptible and high-risk industry.

Where you request to cancel the booking and we reasonably believe we can arrive at your destination within 30 minutes of the scheduled time, no refund will be provided for any cancellation requests in these circumstances.  No responsibility or liability will be borne by us for any alternative transport you elect to take or for any other foreseeable or consequential loss suffered as a result of your cancellation in these circumstances.

Where you request to cancel the booking when we expect to arrive more than 30 minutes after the scheduled time, and it will have a significant impact on the purpose of your journey, and you provided reasonable additional time in all the circumstances, you may be entitled to a goodwill payment as set out in the compensation table.  No responsibility or liability will be borne by us for any alternative transport you elect to take or for any other foreseeable loss suffered as a result of your cancellation.

Where you failed to reasonably adhere to our warnings or instructions to include reasonable additional time in all the circumstances, and it’s a significant contributing factor to any loss you suffer, you will not be entitled to a refund or goodwill payment as set out in the compensation table.  We further accept no responsibility or liability for your loss or any third-party loss that occurred in these circumstances.

Where our negligence is the primary and significant contributing cause of the delay to your arrival, which has proven to significantly impact the purpose of your journey or booking, you may be entitled to a pro-rate goodwill payment as set out in the compensation table.

18.4 Our No Show

The operator or vehicle will be deemed a no-show if they do not arrive within 30 minutes of the departure time, and the operator and we have not made any attempt to contact you about the delay, and you have attempted to contact us and the operator without success.

Where the operator or vehicle is deemed a no-show on a particular journey, you may be entitled to a goodwill payment on a pro-rata basis.  We will continue to perform any remaining journeys in the booking.  We hold no responsibility or liability for any alternative or replacement transport, or for any other consequential loss suffered by you or any third party.

18.5 Vehicle Not As Booked

Where the operator has provided a vehicle that does not match the standard, capacity, condition, or serviceability, we may pay you a goodwill payment as set out in the compensation table where travel is undertaken.

18.6 Breakdown

We give advice on journey times in good faith but cannot guarantee the journey will be completed by a specific time and cannot accept any responsibility or liability whatsoever due to unforeseen vehicle breakdowns or mechanical issues on-route to you or to the booking destination.  We will make every effort to provide a replacement vehicle or alternative transport options, reasonably available in all circumstances.

Where we have contributed to an unreasonable delay of arrival at your destination, you may be entitled to a goodwill payment as set out in the compensation table for more details.

19. USE OF VEHICLE

You cannot assume the use of the vehicle between outward, return, and multiple journey legs unless specifically agreed in writing by us.

20. COMMUNICATION 

Timely communication directly with us is imperative, as such:

• You have obligations to communicate directly with us and provide reasonable notice, as set out in our terms and conditions.
• You must remain contactable within 60 minutes of any pick-up or departure time to enable necessary and timely communications with us and the operator.
• You must communicate directly with us about any changes to bookings, delays, operator issues, concerns, complaints, and any other matter directly related to your booking or journey.
• Any communication you have with the operator does not absolve the requirement on you to communicate directly with us under these terms and conditions.
• The operator does not have the authority to make decisions or representations on our behalf.

Where you have failed to communicate or notify us directly, as required under these terms and conditions, then we accept no responsibility or liability in connection to or as a result of the failure to do so.

21. SUBSTITUTION

Due to unforeseen reasons, we may substitute any vehicle for another vehicle or vehicles of similar capacity and safety at our absolute discretion.  If we are operationally compelled in the circumstances to provide a vehicle of a higher standard or greater seat capacity, you will not be charged for any difference (unless you increase the number of passengers from the original booking).  Substitute vehicles may not have the same level of facilities booked in which case we may pay you a goodwill payment as set out in the compensation table where travel is undertaken.

22. COMPLAINTS & FEEDBACK 

We value timely feedback on our services to understand where we are doing well and where we can improve.  We actively request feedback after each booking is completed as part of our commitment to understanding and improving.

You are welcome to provide feedback at any time however, where you request a refund or compensation the request must be in writing and received by us within 30 days of the completed booking.  You must reasonably obtain at the time and provide in your request to us, evidence to support any claim for a refund or compensation.  This includes, but is not limited to, photos, video, statutory declarations, and police reports.  You must reasonably provide us with any additional information or evidence we request and where you fail to reason to do so, you waive all liability and claims against us.  We will follow procedure fairness and natural justice throughout the entire process.  We will endeavor to make a determination based on the available evidence and the balance of probabilities within 14 days.

You agree that in the event that a dispute arises from a booking, you will not request a chargeback or dispute the booking cost through your card issuer or bank.

23. NON-DISPARAGEMENT 

We and you agree to not make or induce and encourage others to make, any disparaging or defamatory comments about each other.  We and you agree this clause survives the suspension or termination of our working relationship, for any reason.

This is not intended to hinder or prevent any legitimate civil or criminal claims from being filed or prosecuted under the law.

24. LIABILITY

24.1 Indemnity

To the maximum extent permitted by law, you agree:

• Indemnify us against any operator’s or third party’s claim for economic or non-economic loss, compensation, or legal proceedings where you were not in full compliance with our terms and conditions leading up to or at the time when the loss occurred.
• To indemnify us against any claim where you may or have suffered economic or non-economic loss as a result of the operator’s conduct, negligence, or otherwise.
• Whilst we aim to provide a superior service to meet your transport needs, nothing we do or say implies or expresses any level of peace, comfort, relaxation, or enjoyment in the use of our services.

24.2 Our Liability

To the maximum extent permitted by law, and where indemnity does not exist, you agree:

• All conditions, warranties, and implied terms, whether statutory or otherwise, are excluded in relation to any goods or services by us to you under these terms and conditions.
• We exclude any liability for legal costs and disbursements and, without limitation, any indirect or consequential expense, loss or damage, loss or damage to reputation, loss of goodwill, loss of profits, revenue, use, expectation or opportunity, wasted expenditure, lost production or similar losses suffered by you under or connection with your booking or these terms and conditions.
• To inform us immediately you reasonably know, or ought to have reasonably known, of any matter that has the potential to cause you a loss, so we may take reasonable and timely steps to mitigate the loss.
• To take all other reasonable steps to mitigate any foreseeable loss, in an urgent manner and to the maximum extent possible in the circumstances.
• Where you have failed to reasonably to take all steps to mitigate your loss or to contact us at the relevant time, you waive your rights to any liability and claim against us in full.
• Where you have not fully complied with the terms and conditions, that may relate directly or indirectly to your claim for liability, you waive all liability and claims against us.
• Where you have completed all travel in the booking, and you failed to contact us about any potential loss at the relevant time and prior to the completion of the travel, our responsibility and liability for any loss are waived by you.
• Our accumulated liability is limited to:
  • 100% of the price of the booking to which any loss relates (directly or indirectly), or
  • $200 in any other circumstances.
• If compensation is offered by us, it is done so at our sole discretion, as a gesture of goodwill, without prejudice, without admission of liability, and cannot be used against us in any court of law.
• We do not accept responsibility or liability for any loss or damage occasioned by the negligence, act or omission of any third party.

24.3 Operator Liability

Where you believe the operator has caused you a loss due to their conduct, actions, or negligence, you may make a claim for compensation against them directly.  If you request us to do so, and to the extent permitted by law, we may provide you assistance, and facilitate any discussions or negotiations on your behalf, at our discretion.

24.4 Your Liability

To the maximum extent permitted by law, you agree:

• You are liable for any additional charges or fees as a result of any changes to bookings.
• You are liable for any loss suffered by us as a direct or indirect result of your non-compliance with any of our terms and conditions.
• You are liable for any loss suffered by the operator or a third party as a direct or indirect result of your actions, negligence, or non-compliance with any of our terms and conditions.
• You are responsible and liable for any additional costs or expenses (including charges from third parties) in the event that your booking does not run to schedule.
• Where services from third parties (such as venue or accommodation providers) form part of your booking, you will be subject to the terms and conditions of those third parties with respect to those services.
• Nothing in these terms and conditions excludes or limits your liability to pay us additional fees and charges, or compensation as set out under these terms and conditions for any breach of these terms and conditions.

24.5 Australian Consumer Law

Under the Australian Consumer Law, where any indemnity or limit of liability contained elsewhere in these terms and conditions are not enforceable, you may be entitled to a remedy for breach of consumer guarantees (for example, resulting from delays and cancellations). Factors that may be relevant in this regard include the reason for any delay or cancellation, the length of any delay, any advance notice of the delay that was provided to you, and whether we remedied the delay or cancellation, for example by arranging a replacement vehicle within a reasonable time (depending on the circumstances).  Our liability in respect of breaches of consumer guarantees is limited to:

• The supply of the services again; or
• A refund up to the value of the booking.

25. SEVERABILITY 

If a clause of these terms and conditions is found to be illegal, unenforceable, or invalid in any jurisdiction, it shall not affect (1) the enforceability or validity in that jurisdiction of any other clause of these terms and conditions, or (2) the enforceability or validity in other jurisdictions of that or any other clause of these terms and conditions.

26. CALL RECORDING 

You acknowledge and agree our calls to and from you may be recorded, without any warning tone or notification during the call.

27. DAMAGES 

You are responsible and liable for any damage to a vehicle caused by you or a passenger on your booking. You will not be responsible for damage caused by our actions of us or any of our employees.

28. RIGHT TO REFUSE TRAVEL 

We reserve the right to refuse travel or remove from the vehicle any passenger, where you:

• Behave in an offensive, disruptive, intimidatory, threatening, violent, aggressive, or unlawful manner and may pose:
  • a threat to themselves, other passengers, the operator, or property; or
  • an unacceptable distraction to the operator or risk to safe driving conditions;
• On our reasonable assessment, appears to be under the influence of alcohol or any other drug or appears to be in possession of any unlawful substance;
• Are afflicted by an infectious disease that poses risks to other passengers;
• Are observed smoking or attempting to smoke a cigarette on board a vehicle, including any onboard toilet facility;
• Fail to comply with any applicable laws, rules, regulations, or order;
• Have previously breached our Terms and Conditions; or
• Fails to comply with these Terms and Conditions.

Any additional cost, expense, or loss suffered as a direct or indirect result of your removal or refusal to travel, in our exercise of this clause, will be borne by you.  You are not entitled to any refund, credit, or compensation for the booking or third-party expenses and losses.

29. COMPENSATION TABLE

Any compensation offered by us is a gesture of goodwill, at our sole discretion, offered without prejudice, not an admission of liability, and not admissible in any court.  Where multiple service issues exist, only the service issue with the highest value may be offered compensation.

Nothing expressed or implied in this compensation table voids, overrides, excuses or waives our reliance and right to enforce any expressed indemnity or limit of liability set out elsewhere in these terms and conditions.

Where additional fees and charges, or compensation, is payable by you for delays, booking amendments, damage, and travel on unsealed roads, you must immediately pay them to us or as agreed in writing, at our discretion.

 

 

30. WINERY TOUR PACKAGES ORGANISED BY US – ADDITIONAL TERMS AND CONDITIONS 

30.1 Consumption of Alcohol
We support the responsible consumption of alcohol and do not condone excessive or binge drinking.

All alcohol consumption is at the risk of the Customer, and it is the responsibility of the Customer to consume alcohol responsibly in order to not affect the running of the tour. Some wineries reserve the right to refuse entry to excessively intoxicated passengers, we take no responsibility for refusal of entry due to intoxication.

Alcohol shall not be consumed on any touring vehicle (with the exception of bespoke tours by prior agreement) and, except for alcohol purchased at any visited winery; no alcohol may be brought onto any touring vehicle. No alcohol may be brought onto the premises of any winery.

In the event that a Customer is, in the opinion of our representative, excessively inebriated or disruptive to the tour or other visitors at a winery, We may terminate the tour and return to the destination point. Whether the tour is terminated or not, the Customer will be responsible for and will indemnify us against any loss damage or expense suffered or liability incurred as a result of his or her inebriation or behavior including without limitation any additional cleaning costs.

30.2 Wineries
We are in no way affiliated with any of the wineries visited on a tour and make no representation as to the products or services offered by the wineries visited.

30.3 Damages and Soiling
Any damage or soiling of winery premises or the tour vehicle requiring cleaning or repair caused by misuse or inappropriate behavior is the customer’s sole responsibility with remedial action being at the customer’s expense.

30.4 Changes to Venues/Meals/Vehicle Sizes/Itineraries/Other Options
We reserve the right to alter the vehicle, venues, meals, itineraries (including the number of locations to be visited), and other options due to unforeseeable circumstances or any issues arising from a lack of availability of services or products offered by either us or the wineries. Any changes will be advised to the customer prior to the trip taking place where possible.

We will make all efforts to accommodate any changes or requests but can not be held liable for changes that are not possible due to a lack of availability of products or services offered by us or the wineries.

30.5 Tour Timings and Refusal of Entry
The customer is responsible for ensuring they board the vehicle at the times specified in the tour itinerary to ensure arrival at the booked times for subsequent wineries to be visited. We take no responsibility for refusal of entry by any winery arising from late arrival caused by the late running/boarding of the group. Should the tour time run over due to the aforementioned reasons the customer will be responsible for any additional charges.

30.6 Wine Tour Cancellation
On payment of the deposit or full balance, the reservations will be made and paid for at the venues to be visited on your wine tour. As such no refund will be available for reservations made and administration charges levied by us for making said reservations.

Refunds for the transport element are possible (for the vehicle hire charge only) but will be limited to –

• 21 days or more before the initial date of travel – a charge equivalent to 25% of the total order value shall be applied.
• 14 days or more before the initial date of travel – a charge equivalent to 50% of the total order value shall be applied.
• 7 days or more before the initial date of travel – a charge equivalent to 75% of the total order value shall be applied.
• less than 7 days’ notice before the initial date of travel date – all monies will be forfeited to the company and the full value of the trip will be due.

30.7 Amendments
Amendments are not guaranteed and on occasion will not be possible. There are no grounds for any refund from us should a refund be requested due to an amendment not being possible.

As soon as the deposit payment is received the reservations will be made and paid for at the venues to be visited on your wine tour for the specified amount of attendees. As such no refund will be available for reservations made and administration charges levied by us for making said reservations. Should an amendment be possible and made which permits the provision of a smaller vehicle we will refund the difference in the cost of these vehicles.

Tour attendees are permitted one tasting session at each specified location and one meal per person. Attendees are not permitted to consume or request multiple tasting sessions/glasses or meals should the group have reduced in size due to cancellation even if no refund has been provided for said cancellation of attendance.

30.8 Food
The Customer is responsible for notifying us of any food allergies or special dietary requirements at the time of booking. CoachHire will take all reasonable steps to ensure that the food served is in line with that request, however, disclaims to the maximum extent permitted by law all liability for or in relation to any illness caused by the food served at any winery.

The Customer must adhere to each winery’s food licensing conditions including the prohibition on bringing food onto the premises of a winery that has a cafe/restaurant.

30.9 Limitation of Liability
We shall not be responsible for and disclaims to the maximum extent permitted by law any and all liability to the Customer for or in relation to any breach by us of this contract for the provision of the Services including without limitation any liability for negligence or for consequential loss or associated loss or damage which is not reasonably foreseeable.

31. OUR PRIVACY POLICY
    We collect, store and use your information according to our Privacy Policy, which can be found here:
    https://thesydneycoachcompany.com.au/privacy-policy/
32. JURISDICTION
    These terms and conditions are governed by the laws of New South Wales, and you agree to submit the non-exclusive jurisdiction of the courts of that state.