Terms and Conditions Alice Springs

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Sub-Contactor No.2
Additional terms and Conditions

Read carefully through the added terms and conditions on this page. For additional questions you can also call us by phone at 0427 553340 or contact your Nightcruiser Booking Crew member.

Your use of our Sub-Contractor and your access to and receipt of the Services is governed by these Terms.

1. By using or accessing any of our Sub-Contrator’s Services you agree to be bound by these Terms, as amended from time to time and made available.
2. If you do not agree to any of these Terms, including our Privacy Policy, then you must immediately cease access to and use our Services.
3. The Sub-Contractor reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. Your access to and use of the Services following any amendment of these Terms will signify that you agree to be bound by those amended Terms.

Cancellations

1. The Sub-Contractor will not issue a refund for a cancelled booking. If there is a mistake in your booking, it is your responsibility to contact Nightcruiser to rectify the error.
2. You may be allowed to amend a booking without penalty at the discretion of the Sub-Contractor’s base operator.

Your Liability

1. You are solely responsible for the behaviour of all passengers in the car or bus during your journey.
2. Eating, drinking, and smoking are strictly prohibited on all of the Sub-Contractor’s vehicles. In the event that a vehicle is soiled by any passenger in your group, you will be charged an $80 cleaning fee which comes out of your bond as per your booking email.
3. All children travelling with the Sub-Contractor must be restrained in a manner appropriate to the child’s age, weight and height. The Sub-Contractor will not provide child restraints and will not be responsible for fitting the child restraint to the vehicle. Any child restraint must be fitted by the child’s parent or guardian.
4. The Sub-Contractor will not carry any more passengers than what is covered by its licence, insurance or stated in your booking confirmation email.

Limitation of Liability

1. The Sub-Contractor will use all reasonable endeavours to pick you up and take you to your destination in the usual course of providing the Services. However, the Sub-Contractor is not liable for any loss due to delays caused by factors outside of the control of Sub-Contractor (including, road, traffic, or weather conditions).
2. To the maximum extent permitted by law, the Sub-Contractor makes no representations and give no warranties about the Services, including the Sub-Contractor do not warrant:
   1. Any fitness for purpose of the Services;
   2. That the Services are free of inaccuracies, defects or errors;
   3. That the Services will get you to your destination on time;
   4. That the Services will arrive at the collection point at the time nominated in your booking;
   5. The Services will operate without any interruption;
   6. The quality, accuracy, features, functions, benefits or availability of the Services;
3. The Sub-Contractor may, in its discretion, change, delete or add features, functions, applications, offers, competitions, advertisement, branding or any other item on the Services, including the infrastructure or technology on which it is operated, without liability to you.
4. Nothing in these Terms excludes, restricts or modifies, or has the effect of excluding or modifying the provisions of the Australian Consumer Law in contravention of that Act, any other legislation which may not be excluded, restricted or modified by agreement.
5. To the fullest extent permitted by law, the Sub-Contractor’s liability to you for any Claim in respect of any act or omission of the Sub-Contractor Bus arising out of or in connection with its obligations under these Terms will be limited to any Fees paid (if any) in connection with the Services that are provided in the particular instance.
6. Nightcruiser, the Sub-Contractor (including its related bodies corporate, directors, officers, employees, agents and contractors) will not be liable for any indirect, consequential or special loss or damage arising out of your use of or access to the Services (including liability for negligence or recklessness), including loss or damage to goodwill, loss of expected savings of loss or damage to any other expectation benefit of any kind. If a jurisdiction allows liability to be limited but not excluded, Metro Mini Bus’ total liability is limited to the maximum extent possible.
7. Nightcruiser & the Sub-Contractor will not be liable for any loss of profit or special, indirect or consequential damages of any kind.

Indemnity

1. By accessing and using the Services, you agree to indemnify and hold Nightcruiser & the Sub-Contractor harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with:
   1. Any injury to any person in the provision of the Sub-Contractor Services caused by or contributed to by any negligent or wilful act or omission of you or another passenger using the Services, or failure to follow the reasonable and lawful directions of the driver;
   2. Your failure to arrive at the booked collection point on time;
   3. Failure to reach your destination on time, including but not limited to losses associated with failure to arrive in time for flight departures;
   4. Your breach of these Terms;
   5. Your access to and use of the Services;
   6. Your access to and use of your Nightcruiser Account;
   7. Your use of any Content or third party website; and
   8. Any claim made against us by a third party alleging that of any your Content (or your use of the Services) infringes the copyright of that third party.

Termination

1. The Sub-Contractor may refuse or terminate any booking with immediate effect if your booking puts any driver or vehicle at risk of damage, violence or abuse. No refunds will be issued if a journey is terminated part way through your hire.
2. The Sub-Contyractor may, without notice to you, discontinue, suspend or terminate:
   1. Your Access to and use of the Services;

if:

1. 1. You do not pay the Fees by the due date as stated in your booking email and the you have not remedied that payment as soon as possible with time limit provided as per instruction by your Nightcruiser Booking Crew member.
   2. You are in breach of these Terms; or
   3. the Sub-Contractor suspects that you are using the Services to commit an illegal or immoral act.

General Provisions

Email Communication

1. Nightcruiser may correspond with you by email. As you are aware, email is not secure and may be read, copied or interfered with in transit or impaired. You agree to assume the risks associated with transmission and to release Nightcruiser & the Sub-Contractor from any claim you may have arising from transmission defects.

Marketing

1. Nightcruiser & the Sub-Contractor reserves the right to use your personal, company or trading name in any promotional or marketing material. This may be of the form print, TV, radio or multimedia (including web).

Waiver

1. The Sub-Contractor’s rights and remedies under these Terms cannot be waived except in writing signed by Metro Mini Bus. Any Metro Mini Bus delay in exercising a right or remedy does not constitute a waiver of that right or remedy, nor does Metro Mini Bus waiver (either wholly or in part) of a right operate as a subsequent waiver of the same right or of any of Metro Mini Bus’ other rights.

Applicable law

1. These Terms are governed by and construed in accordance with the laws of the Northern Territory and the Commonwealth of Australia, and each party must submit to the non-exclusive jurisdiction of the courts of that State and of the Commonwealth of Australia

Legal effect

1. Each party to this Agreement intends the provisions of these Terms to be legally binding and enforceable.

Force Majeure Events

1. No party is liable to another party where any Force Majeure Event prevents or delays the performance by the first party of its obligations under these Terms.

Goods and Services Tax

1. If a supply made under or in connection with these Terms or the Services by one party (the Supplier) to the other party (the Recipient) is subject to GST, then, in addition to any other amount payable by the Recipient to the Supplier, the Recipient must pay to the Supplier an additional amount (the Additional Amount) determined by multiplying the consideration for the supply by the prevailing GST rate at the time the Recipient makes a payment or part payment for that supply.
2. Additional Amounts recoverable from the Recipient under this clause must be calculated without any deduction or set-off of any amount.
3. Additional Amounts payable under this clause are payable after receipt by the Recipient from the Supplier of a tax invoice complying with GST law for the supply.

Severance of invalid provisions

1. If any of these Terms are determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term will be severed, and the remaining terms will survive and remain in full force and effect and continue to be binding and enforceable.

Disputes

1. Any dispute that arises out of these Terms must first be referred to Nightcruiser Party Tours & Transport for resolution, by providing Nightcruiser with a notice to info @ nightcruiser.com.au containing a summary of the issues and your proposed resolutions. Nightcruiser & the Sub-Contractor will do its best to resolve this dispute by discussion with you within 5 business days of being notified.