Terms and Conditions Darwin

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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.
   
   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.

   
   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.

Sub-Contactor No.3
Additional terms and Condition

Quotations and Bookings

1. Quotations are valid for 90 days from the date of the written quotation but are subject to availability at the time of Booking. Refer to your tentative booking email.
2. Quotations may be accepted by contacting us via email or phone. Confirmation of booking will be communicated via email.
3. If at any time before the date of providing the Services, any external costs applicable to us increase (for example, parking fees, road tolls or airport charges), we may pass these additional costs on to the you the Hirer.
4. Changes may be made to the Booking or the services (including changes to timing or destination) by agreement with us, subject to availability, compliance with the National Heavy Vehicle Fatigue Rules and CDC’s safety policies. Where changes are requested to a Booking, or the Services are extended in duration from those quoted, we may amend the Fee for providing the Services.
5. If there is any inconsistency between the Quotation and these Terms and Conditions, the terms of the Quotation will prevail.
6. For all charters taking place after business hours (including weekends), the Hirer is responsible for providing us with the contact details of a nominated person.
7. For any extended charters, the Hirer must provide emergency contact details and a passenger manifest. This clause will not apply to any extended charter for schools.
8. For any extended charters (overnight and/or continual days), the Hirer is responsible for booking suitable accommodation (single room) for the driver(s) at the Hirer’s cost unless otherwise stated. If we are required to arrange the accommodation, the cost will be charged to the Hirer in addition to the Fee.

Cancellations

1. If the Hirer cancels a Booking more than 24 hours prior to the Travel Time, no cancellation fee is payable by the Hirer
2. If the Hirer cancels a Booking less than 24 hours prior to the Travel Time but greater than 8 hours prior to Travel Time, a cancellation fee of $100 plus 25% of the Fee is payable by the Hirer.
3. If the Hirer cancels a Booking less than 8 hours prior to the Travel Time or is a ‘no show’, the full Fee for the Services will be invoiced to the Hirer.
4. We may in our discretion waive payment of any cancellation fee if the cancellation occurs due to events outside the Hirer’s reasonable control.
5. We reserves the right to cancel any Services at any time if circumstances beyond our reasonable control prevent performance of the Services. We will not be responsible for any costs incurred by the Hirer as a result of a cancelled Service, including consequential damages or the cost of alternative travel arrangements, including without limitation for any failure to meet a subsequent journey on any form of transport.

Payment

1. Fees must be paid to us in full by the Hirer within 30 days of the invoice date.
2. The Hirer is responsible for the cost of repairs resulting from any damage caused to a Vehicle by any passengers during the provision of the Services.
3. If additional cleaning is required as a result of the Services, then at our discretion an additional cleaning fee will be charged to the Hirer.

Passenger Behaviour

1. The Hirer and passengers are required to comply with our reasonable directions at all times.
2. No alcohol is to be consumed by passengers while on-board the Vehicle unless through prior consent from us, or at the discretion of the driver. The safety of passengers and the driver will always take priority in making this determination.
3. We may refuse carriage to passengers of the Hirer or remove passengers from its Vehicle if in the opinion by us or driver, any passengers on the our Service:
   1. smoke on any our Service;
   2. carry or consume or appear to be under the influence of drugs or alcohol to such a level that they may pose a threat to themselves, to others or to property;
   3. are objectionable, threatening, violent, aggressive, disorderly or unruly towards other persons;
   4. become sick;
   5. cause discomfort or offence to other persons, including passengers;
   6. bring on baggage that may put the safety of the Vehicle or the safety or health of any person in the Vehicle in danger or at risk;
   7. break any law; or
   8. disobey any reasonable instruction of us or driver.

   Any costs incurred by the Hirer or passengers who are refused carriage or removed from a Vehicle, including costs of alternative travel, will be borne by the Hirer or the passenger/s.

4. All passengers must wear a seatbelt where the Vehicle is fitted with seatbelts.
5. Passengers must not place any part of their body outside the Vehicle while the Vehicle is moving.

Passenger Property

1. The Hirer and its passengers are solely responsible for all baggage, including carry-on baggage. we will not be responsible for loss, theft of or damage to baggage or personal effects.
2. We will determine, in its sole discretion, whether and to what extent any baggage and effects can be carried on the Service, taking into account the Vehicle’s carrying capacity. Each baggage item must not exceed 20 kilograms in weight.
3. We expressly prohibit the carriage of the following items on its Services, unless previously agreed between parties:
   1. fuel containers or gas bottles;
   2. generators
   3. explosives;
   4. firearms and weapons;
   5. animals, with the exception of assistance animals; and
   6. items the driver reasonably determines are unsuitable for carriage because they are dangerous or unsafe due to their weight, size, shape or character, or which are fragile or perishable.
4. All lost property found on the Vehicle will be returned to our depot and registered in the Lost and Found Register. Lost property can be collected from the relevant depot during business hours.

Liability

1. The Hirer agrees that we will not be responsible for any Losses suffered by the Hirer or a passenger arising from the Services including Losses:
   1. arising from any act, error or omission of a third party; and
   2. arising from any act, error or omission of any passenger (including the Hirer).
2. Without limiting clause 7.1, in the event we are responsible for losses incurred by the Hirer for any reason, its maximum liability is limited to the Fee for the Services.  We will not be responsible for indirect or consequential loss under any circumstances including loss of earnings or profit, costs of alternative travel or loss of opportunity in connection with the Services or the Booking.

Sub-Contactor No.3
Additional terms and Condition

CHARTER TERMS AND CONDITIONS
QUOTATION
1. Verbal quotes are only regarded as an estimate of the cost of the charter.
2. The Sub-Contractor and Nightcruiser will not be bound by any verbal quote given by its employees.
3. Written quotes are based on details provided and may be altered if the itinerary changes. (i.e. additional
passengers, distance, time, trips, locations etc.). Check your teentative booking email.
4. Quotations do not include any food/beverages, road tolls or entrance fees unless individually specified.
5. All charters are subject to availability.
6. Quotations are valid for 30 days from date of quotation.

CONFIRMATION
1. Charter requests are only confirmed when hirer responds affirmatively to a written quote or by submitting an online Booking Enquiry.
2. By responding affirmatively to a written quote or by submitting an online Booking Form, you are also accepting these terms and conditions of charter/hire.
3. Written confirmation is required. Telephone or verbal confirmations will not be accepted.

CONDITIONS
1. Coach rates do not include entrance fees.
2. All charters operating outside normal business hours require contact details for the charter organiser, hirer or
delegated contact.
3.  The Sub-Contractor and Nightcruiser reserves the right to charge the hirer an additional fee for a departure which varies from the
agreed times (as per MOVEMENT DETAILS/BOOKING
CONFIRMATION email).
4. All charters on public holidays will incur a 30% additional surcharge.
5. Charter requests for companies or businesses must be authorised by a delegated person and be allocated a purchase order number (if required).
6. The Sub-Contractor and Nightcruiser reserves the right to charge hirers for any damage inflicted on a coach by the hirer or persons in their party.
7. The Sub-Contractor and Nightcruiser reserves the right to charge the hirer a minimum fee of $200.00 (cost may vary depending on
circumstance) should the coach’s interior require professional cleaning due to at fault passenger.
Replacement vehicle is subject to availability. If a replacement vehicle is required, the full charge applies
for original coach plus the replacement coach.
8. The price of packages does not guarantee exclusive use of
the coach over these days.
9. Drivers’ accommodation and meal expenses are required
when travelling overnight outside of metro operating
area (Perth, Darwin and/or Alice Springs). ATG
Downunder can provide at an additional rate or
alternatively, the tour group can organise this
themselves.
10. ATG Downunder reserves the right to upgrade groups into
a larger size vehicle.
11. ATG Downunder reserves the right to use charters
to transfer drivers to other points.
12. ATG Downunder reserves the right to cross-hire
transfer and charters to reputable local coach
companies during busy periods to meet industry
demand.
13. ATG Downunder reserves the right to train sub-hire
coach drivers and new drivers on charter group
bookings.
14. ATG Downunder reserve the right to cancel tours (i.e.
Sunset, guided walks etc.) due to excessive heat,
potential for injury from weather conditions with no cost
being borne by us for such cancellation.
15. Travel on unsealed roads is subject to road and weather
conditions and whilst guided by the NT or WA road
traffic act. The final decision is determined by ATG
Downunder.
16. Images of vehicles on websites or other
promotional materials are representative only.
LIQUOR LICENSING A