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TERMS AND CONDITIONS FOR NIGHTCRUISER – DARWIN
Below the Nightcruiser Booking Crew – Darwin has put up the terms and conditions that you will automatically agree to when paying your bond. They were prepared in simple detail for your benefit as we operate strictly in a law-abiding manner. Be advised that Nightcruiser Party Bus Tours & Transport use chosen Sub-Contractors for our tours and services, which you acknowledge and agree to. By Paying your Deposit/Security Bond you automatically accept full responsibility of the Terms and Conditions below. This includes our chosen Sub-Contractors terms and conditions as added separately below.
*Vehicles size and type might vary.
Terms & Conditions Darwin
as at 01-18 Upadted 04-21
© Strictly Copyright Worldwide
R. Ott –  Show World Corporation Pty. Ltd.Terms and Conditions Agreement:
1. 
 Responsibility and Representative Services
You must be over 18 years of age to make any booking, alternatively, your Parent or Guardian can make the booking on your behalf.
You and or your Parent or Guardian automatically agree, confirm and accept full responsibility to the set-out terms and conditions herewith when you pay your booking/security bond to Show World Corporation Pty. Ltd. trading as “Nightcruiser” for and on behalf of any Nightcruiser’s chosen Sub-Contractor carrying out the services.
2. Communication:
Email communication, text or faxes between our offices and clients are deemed and treated the same as a signed legal contract.
You must be in receipt of a confirmation if any requested changes are sent from you via emails or text or consider the changes not been acted upon. Best to phone bookings to be safe.
3.   Booking Bond:
Must be paid in advance by the due date requested as stated and or attached to our email to protect your date. Payment options are also detailed and attached.
4.   Refund of Bond:
Non-refundable. We are unable to refund your bond for a cancellation for whatever reason.
5.  Security Bond:
The booking bond automatically becomes your damage bond, once paid. The bond can be refunded immediately at the conclusion of the Charter after an inspection by the Cruiser Captain for no damage and cleanliness present. It is your responsibility to ask the driver for this refund and it is the drivers’ right to withhold this bond after inspection. If you have any dispute it can only be solved by the Sub-Contract Vehicle Owner Operator.
6.   Bond:
Your pre-paid bond cannot be used towards your cash fee due prior to departure. Otherwise, we hold no damage security bond.
6. a Bond Payment Information:
BOND PAYMENT to secure your Vehicle
As discussed, we have tentatively reserved your booking, which places you under no obligation until we receive your bond which is now due.
Remember: Its first come first served due to the demand – the sooner the bond the sooner the guaranteed booking.
Below are details on how to secure your booking and get the bond to us.
To confirm and secure your booking please pay the requested bond amount and add your booking number or name as a narration with your payment.
That way we can identify that the payment came from you and can be receipted.Payment Options: Bond / Advance PaymentDirect Transfer
Bank: Bank West
Account Name: 
Show World Corporation Pty. Ltd.
BSB: 306 – 042
A/c: 
0912251
Reference:
[Your booking number or Name the booking is in]Credit/Debit Card
Please call 0427 553 340 to make a payment over the phone anytime.
Payments made by Credit Card incur an additional 2.9% Surcharge, the cost to us!
No Charge if you transfer direct. (see above details) Payments can be made via cash (in advance or on the night), Bank Transfer, bank deposit [sent receipt] (7 Days in Advance), Visa or MasterCard (No Amex) (over the phone).*Note the deposit/bond will be refunded in cash at the end of your tour unless alternative methods are made.
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 cheques 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.
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. It is you that is paying the total for the service as you are the Hirer of the Vehicle and Service.
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 for 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, Nightcruiser and or its Sub-Contractors 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 and charters to various Sub-Contractors and you agree to this service. All subcontractors have agreed to provide the licensed out services to Nightcruiser’s strict company policy.
Vehicles might vary in size and type through-out South Australia
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 need 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 the 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 Booking Crew. Venues hold the time slot free so we don’t get turned away at arrival. You must agree to maintain 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 the 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  Nightcruiser and or Show World Corporation Pty. Ltd. trading as Nightcruiser and its Sub-Contractors, as this is out of our control.
22.   Free booked VIP entry:
Deals and all other arrangements are obtained on behalf of you and your guest’s as a complimentary additional service by the Nightcruiser Booking Crew. These provisions are provided directly by the Venues and are out of our control. We can not offer any guarantees or entertain any comebacks if what we have arranged is not provided. You agree not to make any claims against  Show World Corporation Pty. Ltd. trading as Nightcruiser or its Sub-Contractors. Some Venues require additional entry fees and have strict dress codes and once reached their patron limits cannot allow additional patron in by law. Additional entry fees might apply.
23.   Wine, Beer and Spirit tasting Disclaimer:
All Wineries, Breweries and Distilleries could charge a tasting fee which is not included in the Nightcruiser Charges. The venues request that you collect the fees from your guests and pay them in one lump sum.
24.   Non Entry to Venues:
If Authorities change the trading hours or conditions of entry or deals to a venue for whatever reason, you agree not to make any claim against the Adelaide Sub-Contractor, 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:
You agree to the tour schedule and detailed arrangements emailed to you and accept that NO ALCOHOL is allowed to be consumed on board or opened alcohol carried by law and a function license is required. More details are listed with your booking confirmation emails.
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:
Where a person is in charge or in control of any unlicensed premises (this includes any vehicle) and allows or suffers those premises (or vehicle) to be used as a place for consumption of liquor, that person commits an offence. Maximum Penalty: $1000 and possible loss of license.
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 the property for Safe Keeping.
Nightcruiser and or their Sub-Contractors cannot take responsibility for items left on vehicles and or are lost or stolen. If any property is found deemed lost, it is held at the Sub-Contractor’s 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 trailers. We take no responsibility for the lost property while waiting collection.
30a. Electronic devices disclaimer [iPhone, iPods and other devices including connection cords]: Nightcruiser and it’s chosen Sub-Contractors encourage the use of Laptops, Tablet, PCs, iPhone, iPad, iPod and Smartphones for the purpose to allow passengers to bring their own music. Nightcruiser and it’s Sub-Contactors cannot accept any responsibility for such electronic devices or cords against any damage, loss whilst on the vehicles or damage electronically.
At no stage must they be left unattended with Nightcruiser Captains at any time. All Charterers must advise their guests of this fact and agree to do so.
While we carry suitable connection cables, but can not guarantee this, therefore any connection leads required should be brought along by Charterers. e.g. for Computers, Tablets, iPhone etc.
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 underage on alcohol-related tours, they will need 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 Sub-Contactors operate 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 Nightcruisers will result in the immediate termination of a tour/charter and withdrawal of the Nightcruiser Party Bus Tour or 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. More on The Code of Conduct is listed here…
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 the 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. Sub-Contactors carry music copyright licenses and are members of APRA and PPCA
40.   Power Sound System:
Amplifiers and Speakers are maintained and checked prior to departure from the 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 the continuation of the tour/transport is paramount.
41.  Weather:  Weather Conditions cannot be used as a reason to cancel Nightcruiser services
42.  Payments: Bond payments must be received in advance before we confirm your booking.  Payments for the Job must be made upon arrival in cash prior to service allowing you to collect from your guests.
All payments can be made in advance via:
1.Visa or MasterCard (No Amex) (over the phone).
2. Pay anybody Bank Transfer.
3. Direct over the counter bank deposit or
“Last minute” guests are more than welcome and the Crew will provide you with the different payment options.
Electronic transfers carry no charge and must reach us by the due date. Payments made by Credit Card incur a small additional 2.9% Surcharge.
43.  Price change and Money due: You can not change the price agreed to prior to departure with the service. If you experience fewer passengers turning up, and you are sharing the costs with your guests it is your responsibility to make up the difference or increase the per head basis you collect towards your cost.
The bond can at times be used towards payment if authorised by the Operations Manager and will not be refunded or cannot be claimed at a later time.

44.Covid-19

It is the responsibility of the Hirer to ensure all government laws, signage displayed, requests by the Driver or Company and all procedures related to Covid-19 are adhered to. The Driver and Company reserve the right to refuse entry or terminate a charter if any passengers are exhibiting symptoms associated with COVID-19 and will not be liable for any costs associated with this.We will require a passenger manifest with each passenger’s full name and contact number prior to your departure in writing.Where we have transported a passenger who becomes infected with Covid-19, the Hirer is responsible for notifying the Company immediately.The above Terms and Conditions still apply, however, our cancellation policy will differ due to COVID-19 related matters.

45. COVID POLICY
Nightcruiser Party Buses and our Sub-Contractors [Suppliers] endeavour to follow the safety guidelines as set by the AU Government for the various COVID-19 Levels.

  • If the region where the event is booked is in lockdown level 3 or 4 and we (Nightcruiser Party Buses and the supplier) cannot provide the event as planned due to the level restrictions, where possible, the event will be postponed to a future date agreeable with all parties. This way we are protecting all the businesses involved and the work that everyone has put into planning your event to date.
  • Where an event cannot be rescheduled, we will offer a full refund of your bond where our Sub-Contactor [Supplier’s] COVID policy allows but your deposit is non-refundable as stated at the interim in your booking email. Due to the time of the year, a very small number of our suppliers only offer postponement of events and packages booked. In this instance, Nightcruiser Party Buses will indicate in the proposal text under those packages and suppliers affected.
  • If the region where the event is booked is in level 1 or 2 – the event can go ahead, and it will go ahead as originally planned. Please refer to our normal cancelation rules. No refunds are given should the number of guests has dropped due to some choosing not to attend due to COVID or their region being in lockdown. Where possible, we can look at postponing your event, however as stated in your booking email your deposit is lost if canceling.

    Postponement Terms
  • Pending the Sub-Cotractor [Supplier’s]  postponement terms which are normally either 3 or 6  months from the booked event date, we will reschedule your event for a date that will suit both you and the affected Sub-Contractor [Supplier].
  • Please note that if funds have been forwarded to the Sub-Contractor [Supplier] already in terms of a bond or deposit or final payment and for any reason, in the postponement time frame the supplier goes into receivership, Nightcruiser Party Buses is not liable and those funds can’t be claimed back through Nightcruiser Party Buses. For your event to go ahead, Nightcruiser Party Buses would have to book another Sub-Contractor [Supplier] and a new Booking email with costs would be issued.
  • We are happy to postpone the event wherever possible however it could occur an admin fee. This will apply each time you change the date.

46. LIMITED LIABILITY Nightcruiser [Agent]
46.1 If a liquidator, trustee, receiver, administrator, administrative receiver or similar officer is appointed over the Sub-Contactor [Supplier] and if your [Buyer] deposits, bonds, job fees have been been forwarded to the Sub-Contactor [Supplier] you argee not to claim any moneis paid to us. They need to be calimed from the Sub-Contractor [Supplier].
46.2 You [Buyer] agree not to claim any damages against us, caused out of the consequence of the Sub-Contractor’s actions, not providing the services or refunding any funds, agreed not to claim again us [Agent]
46.2 You agree not to claim any damages that might have been caused due any loss of the Sub-Contractors action.

47. FORCE MAJEURE
47.1 The Agent reserves the right to defer the date of delivery or to terminate the Relevant Obligations or alter the Services ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Agent including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 80 Business Days, the Buyer shall be entitled to give notice in writing to the Agent to terminate the Relevant Obligations.


Sub-Contactor No.1
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.

Deposit: A non refundable desopit is required to lock in the booking as per your tentative booking email by due date state.

Bond: Not always required depending on the job quoted. Will be stated in your tentative booking email.

Full Payment of Service: Pay Driver in cash upon arrival allowing you to collect from your Guests on the day.
Drivers do not carry any change. They have no credit card processing facility.
Please pay in lump sum to driver.
Drivers are not responsible to collect from induvial passengers.

Code of Conduct: Please check out the code of conduct and convey to your Guests.
https://nightcruiser.com.au/nt/darwin/code-conduct/

  • To confirm a pre-booked transfer, full payment is required prior to travel (unless prior arrangements have been agreed to). Should you need to cancel your pre-booked transfer,  24 hours noticed is required to obtain a refund.​

  • General hire bookings are to be settled upon arrival at your destination.

  • The Sub-Contractor Service accepts Visa, MasterCard, American Express, Diners Club, Cabcharge, cash and direct deposit. All credit card payments attract a merchant service charge of between 2.5% and 5%. Any additional charges incurred will be charged to your credit card on completion of the transfer.​

  • Wedding bookings are based on a minimum of 3 hours hire. A 50% non-refundable deposit is required at time of booking with the balance due 21 days prior to the booking date. No refunds will be offered to bookings cancelled within 7 days of the booking date. Extensions to finishing times will be at the discretion of Sub-Contractor as our vehicles may be unavailable due to other bookings. If the vehicle is available for an extended finish time, additional hire fees will apply (fees vary depending on type of vehicle being hired).

  • All efforts are made to provide the vehicle requested by you, however in the unlikely event that we are unable to do so, we reserve the right to provide a substitute vehicle of similar type and capacity.

  • Seat belts must be worn at all times.

  • Should you wish to book a Child Restraint with the Sub-Contrator, 24 hours notice is required and a fee of $11 per seat applies.

  • Smoking is not permitted in any of our vehicles nor is the consumption of food, alcohol and coloured beverages.

  • Customers are liable for any damages or excessive cleaning requirements as a result of their hire.

  • The Sub-Contractor accepts no responsibility for any lost, damaged or stolen items within their vehicles.
    All efforts will be made to return personal belongings left in vehicles in a timely manner.

  • The Sub-Contractor is committed to ensuring your privacy is protected and the information you provide is stored in a secure manner as outlined in the Privacy Act 1988. The Sub-Contractor may from time to time use this information to provide further information to you about services or upcoming special offers. Should you not wish to receive these notifications, please email  with the subject line of ‘unsubscribe’.


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. 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.