TERMS & CONDITIONS – Sub-Contractor No. 9
![]() TERMS AND CONDITIONS FOR NIGHTCRUISER – Brisbane Below the Nightcruiser [ Agent] Booking Crew – Brisbane has put up the terms and conditions that you will need to agree with when accepting a booking. They were prepared in simple detail for your benefit and must be adhered to as we operate strictly in a law-abiding manner. By Paying your Deposit/Security Bond you [Buyer] automatically accept full responsibility and the Terms and Conditions below. This includes our chosen Sub-Contractors [Supplier] terms and conditions. |
Terms & Conditions Brisbane as at 01-21 Updated 04-21, 02-22, 10/23, 01-24,04-24 © Strictly Copyright Worldwide R. Ott Show World Corporation Pty. Ltd. 1. Responsibility and Sub-Contractor 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. When you call us we assume and you declare you are over 18 years of age. 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 deposit/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. 1 a. NIGHTCRUISER APPOINTED SUB-CONTRACTORS. You [Buyer] agree, accept and understand that Nightcruiser [Agent] will allocate a suitable chosen Sub-Contractor [Supplier] to carry out the Party Tour and Services as agreed. They will be in full control and assist you directly and you will abide by their own terms and conditions as well, listed separately at the bottom of this webpage. Furthermore, you agree to the emailed tour schedule and detailed arrangements. 2. Communication: Email communication or faxes between our offices and clients are deemed and treated the same as a signed legal contract. 3. Booking Deposit / Bond: Must be paid in advance by the due date requested as stated and or attached to our emails to protect your date. Payment options are also detailed in your booking email and below 6.1 4. Refund of Deposit: We are unable to refund your booking deposit for cancellation for whatever reason and time. 5. Security Bond: The booking bond/deposit also automatically becomes your damage bond, once paid. It can not be used towards the fee due for the service at the point of pick-up. The Sub-Contractor might refund on the spot or as per their terms and conditions after the service back to your bank account. This ensures the right person receives the bond.It is your responsibility to ask the driver if he is happy to recommend a refund after inspection. We, therefore, require your Bank BSB and Account numbers to forward to the chosen Representative.If you have any dispute it can only be solved by the Sub-Contractor [Vehicle Owner Operator] and yourselves. 6. Bond: Your pre-paid bond cannot be used towards your job fee due prior to departure. Otherwise, we hold no damage security bond. 6. 1 Deposit / Bond Payment Information: BOND PAYMENT As discussed, we have tentatively reserved your booking, which places you under no obligation until we receive your bond which is now due as per your booking email. 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 deposit/bond to us. To confirm and secure your booking please pay the requested deposit/bond amount and add your booking number or name as a narration with your payment. 7. Damage Inspection prior to Departure: We suggest that when you initially board and pay your fee due, prior to your guests’ boarding, you also inspect the vehicle for any damage prior to departure. That way there will be no dispute as to when the damage occurred. 8. After 12 midnight Charters: We and our Representative reserve the right to full payment including the bond in advance for any charters starting after 12 midnight. 9. Payment due. Full Amount Due Prior to Boarding: As per the agreement, is to be paid in cash, (unless otherwise arranged in advance. No cheque is 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. 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. 11.1 Booking or schedule changes If the agreed schedule as stated in your booking email as agreed by you can not be changed nor a refund if the schedule is shortened or cancelled in the middle of a schedule. 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, Show World Corporation Pty. Ltd. trading as Nightcruiser and the appointed Representative 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 [Agent] sub-contract out its tours and charters to various Sub-Contractors [Suppliers] and that you [Buyer] agree to this service. All subcontractors have agreed to provide the licensed out service to Nightcruiser’s strict company policy. 18. Late Arrival, Delays, Breakdown 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. If there is an unforeseen circumstance before or during the Booking, the Sub-Contractor will provide a substitute vehicle. The substitute vehicle or other mode of transportation does not have to be the same standard as the original vehicle booked. An unforeseen circumstance includes but is not restricted to: Mechanical breakdown [e.g. Before the date or during the day of service]; Traffic congestion; Natural Disaster A road traffic accident; or any other 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 are made and non-arrival at the booked venue. Venues are booked for and on your behalf as an additional courtesy service by the Nightcruiser Crew. Venues hold the time slot free so we don’t get turned away at arrival. You must agree to maintain 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 the Sub-Contractor or Nightcruiser and or Show World Corporation Pty. Ltd. trading as Nightcruiser, as this is out of our control. 22. Venues Information, Deals and Free booked VIP entry: Deals, Information and all other arrangements are obtained on behalf of you and your guest’s as a complimentary additional service by the Nightcruiser Crew. [If applicable and available in your area]. These provisions are provided directly by the Venues and are out of our control. We can not offer any guarantees or entertain any comebacks if what we have arranged is not provided. You agree not to make any claims against our Representative/Sub-Contractors or Show World Corporation Pty. Ltd. trading as Nightcruiser. Some Venues for various reasons require additional entry fees and have strict dress codes and once they have reached their patron legal limits cannot allow additional patron in by law. Please note! Some of these services, however, might not be offered in your particular area. 23. Wine, Beer and Spirit tasting Disclaimer: All Wineries, Breweries and Distilleries could charge a tasting fee which is not included in the Nightcruiser Charges. The venues request that you collect the fees from your guests and pay them in one lump sum. 24. Non Entry to Venues: If Authorities change the trading hours or conditions of entry or deals to a venue for whatever reason, you agree not to make any claim against Nightcruiser [Agent] as it is not within our powers to demand deals or entry. It is up to the client to check with the venue in advance for any change. 25. Time loss: Or any personal expenses, entry fees incurred as a result of delays, alteration or curtailment of any charter, whether caused by mechanical defects, flooding, civil commotion, riots, terrorism, driver mistakes or any other cause, are the responsibility of the Charterer. We always try our hardest to maintain all schedules and understand the importance. If additional expense is incurred for taxis or other transport you agree not to make a claim against us. 26. Sensible Alcohol Consumption: Alcohol is permitted onboard on a limited BYO Basis. [Subject to what is stated in your booking email] STRICTLY NO Red Wine or Glass. A Reminder, venues reserve the right to refuse entry into venues and we highly discourage excess drinking. Food is STRICTLY not permitted onboard. Nightcruisers Sub-Contactors and or “Nightcruiser” encourages sensible alcohol consumption on licensed premises and therefore if any passengers are deemed too intoxicated or causing a disturbance they can be asked to leave the vehicle/tour and if given the option to travel home by taxi or other means do so at their own expense.27. Keep inside at all times It is illegal to throw any items out of the window and or have hands, arms, heads or bodies handed out of the windows. This includes plastic drink bottles or cans.28. Bus/Vehicle Groups or Charters: BYO is permitted on the vehicle and at the discretion of the Representative. No glass, including bottles or glasses, on the Bus. 29. Street Drinking: 30. Passenger Property Loss: 31. Soiled and or damaged Clothing: 32. Photo IDs: 33. Under Age: 34. Conduct Code is Simple: 35. Vehicle Damage: 36. The breaking of Emergency Windows: 38. Venue Dress Standards and behaviour rules: 39. Musical Requests: 40. Power Sound System: 41. Weather: 42. Payments: 43. Price change and Money due: 44.Covid-19 We will require a passenger manifest with each passenger’s full name and contact number prior to your departure in writing. When 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
46. LIMITED LIABILITY Nightcruiser [Agent] 47. FORCE MAJEURE 48. CANCELLATIONS DUE TO GOVERNMENT-MANDATED SHUTDOWN 49. ADDITIONAL CHARGES TERMS AND CONDITIONS FOR SUB-CONTRACTOR NO. 1 Bond [various] payable to secure the vehicle for use with your booking. Vehicle and booking will not be secured for your tour until the bond is received, and therefore first come first served due to the demand for Nightcruiser Party Bus Tours. The bond is refundable on a separate occasion, providing there is no damage on or to the bus reported. Bond is not refundable if the Terms and Conditions below are not adhered to: ADDITIONAL TERMS & CONDITIONS – Sub-Contractor No. 1 Your bond is not refundable if any of the below terms are breached:
Update: From the 1st of March 2021. Without payment of the deposit, there is no guarantee that your booking is confirmed and if the full payment has not been received 21 days before your event, then there will be no refund for your bond and the bus will be cancelled. We are unable to refund any deposit/bond paid if you cancel at anytime nor accept any claim if the agreed schedule has been changed by you during our service, therefore make sure before confirming your booking before you pay the bond. Thanks for understanding. Term & Conditions of Hire Missing or Damaged Equipment or fittings to the vehicle: Repairs to Vehicle: Any repairs that are required will be appropriately quoted by a qualified repairer, Which will be determined by the Sub-Contactor’s company. Cleaning Fee: Any additional cleaning fees (such as vomiting) will be charged at a flat rate of $350 or as determined by the driver or the Sub-Contractor at the time (This includes carpet steam clean and wash down inside vehicle. Australian Licensing act. Extra time will also be charged at minimum $350 per hour but this can vary depending on time of the day/night and at the discretion of driver or the Sub-Contractor with prior arrangements. Payment Details: A credit card must be on file at the time of booking before finalized booking can commence. The full amount or remaining balance is due on the day of hire, or prior to hire, unless pre-arranged with management. If PayPal or Square is used as a method of payment for invoices or any other payment – the Sub-Contractor will pass their fees over to the payee unless otherwise stated. The Responsibility of the Hirer: The hirer accepts that him or her and their entire party comes aboard at their own risk and “The Sub-Contractor” and its affiliates accepts absolutely no responsibility and/or liability of any person/s wellbeing and physical state whilst on board, and the hirer or his/her delegate must agree to do everything in his/her power to help minimise likelihood of accidents occurring such as keeping patrons seated to prevent slipping/falling or other such accidents/incidents. The Sub-Contractor will take all reasonable care to make sure its patrons arrive safe at their destination. The hirer shall be solely and fully liable and responsible for the behaviour and wellbeing of all passengers and shall be primarily responsible for any damage caused to the vehicle whatsoever. The hirer shall be fully responsible and liable for any damage caused both inside and outside the vehicle by the hirer or a member of his or her party. This includes irrational behaviour resulting in damage to the vehicle or its contents by a third party. The hirer must fully agree to be held liable for the retail cost of any repair as a consequence of any damage caused. The hirer further agrees that the company may at its entire discretion determine the repairer that will fix the damage to the vehicle. In addition, the hirer shall be responsible for payment of a fixed rate, which shall be determined by the company, at its sole discretion for the period during which the vehicle cannot be used as a consequence of said damage and repairs. That notwithstanding, the hirer shall also be responsible for any further losses which are incurred as a result of lost bookings. The hirer holds the company, its agents or employees harmless of any liability for any personal or material damages arising from the conduct of his or her party. The company, its agents or employees shall not be held liable or responsible for any articles left in the vehicle and the hirer specifically indemnifies the company, its agents or employees from any such responsibility and undertakes to advise all other persons in his or her party. The consumption of food is not permitted in any of the vehicles unless specific agreement has been made to the contrary at the time of the booking and agreed in writing. Where complimentary drinks are supplied by the Sub-Contactor, these must be consumed in the vehicle and may not be removed for any reason whatsoever. In the event that drinks are removed, then the company may at its discretion, recover the replacement cost from the hirer. Where food is supplied for any reason by the Sub-Contacrtor the company will at all cost insure that the food is fit for consumption, but will under no circumstances be liable for any sickness/injury as a direct result from this supply, it is at a “at your own risk” type of basis. Any abuse or misuse of equipment e.g. microphones and remotes will result in use of such items and service being terminated immediately. This includes swearing into microphones, shouting abuse, and or directing abuse from vehicle so it can be heard outside. This and any other behaviour deemed to be inappropriate by the sole discretion of the chauffeur will result in loss of service immediately. This includes refusal of entry into any venues due to intoxication levels or any other reason and the Sub-Contractor, can and will cease service immediately if deemed necessary. As stated below, the Sub-Contactor can and will recover any money for loss of property that is provided in the bus/limousine. This includes, but is not limited to; glassware, cushions, bar equipment, DVD’s, CD’s, TV’s, Curtains. The hirer accepts the fact that there is to be a no smoking policy in the vehicle at all times. This is in accordance with the Bus Accreditation rules and regulations policy. The company does not permit the consumption of illicit drugs whilst in the vehicle. Failure to comply may result in the termination of hire. Irresponsible behaviour that causes damage to the vehicle or endangers the safety of the other passengers will not be condoned. This includes, but is not restricted to; sitting on the exterior of the vehicle, hanging out of the windows, opening the curtains and making rude or inappropriate gestures to the outside public, shouting abuse, rudeness or intolerance with the chauffeur, arguing with the chauffeur, misuse of the equipment, fixtures or consumables in the vehicle and wilful damage to the interior generally. Also, opening of the emergency hatch is forbidden. This is for emergencies only, and fines will apply if not adhered to. Such behaviour may, at the discretion of the chauffeur and the Sub-Contractor, result in the immediate termination of the hire without compensation. In addition, the hirer shall be held liable and responsible for any loss, howsoever caused, by the behaviour of his or her party. The hirer accepts that the DVD, CD and all other equipment is provided as a courtesy. In the event that the equipment fitted to the vehicle malfunctions prior to or during the hire, the Sub-Contractor accepts no liability whatsoever and no compensation shall be provided, nor will the company provide a refund. In the event that a vehicle is involved in an accident or suffers from mechanical failure, or is no longer safe to drive, then the company shall make alternative arrangements to get the hirer and his or her party to their destination. The company may at its entire discretion determine the method of onward travel and has the right to cease any onward travel if necessary. The hirer specifically accepts that the hire is based on a best endeavours of the Sub-Contactor, and it will do anything in it’s power to assist where appropriate. There can be no specific guarantees in terms of time, reliability of the vehicle and events out of the direct control of the chauffeur or the company. Alcohol may not be consumed by passengers under the age of 18 years. It is the law, and the Sub-Contactor will not allow any underage drinking. The Hirer accepts photos may be taken of his/her event and used for marketing purposes or any other purpose the company see fit and Bus Tour Rhymes carries no liability for any photos released from those events On-board Entertainment If at any time, male or female entertainment (showgirls, strippers, waiters/es or any other form as listed by us) has been hired to be on board the bus during an event, it is the responsibility of the hirer and his/her party to act appropriately in accordance with their own specific rules of engagement and any inappropriate behaviour will be dealt with by the Chauffeur at the time, the Sub-Contractor takes no responsibility or liability for any injury or action caused to the third party entertainment hired or any other persons on board at the time of hire and by agreeing to these terms and conditions both the hirer and the third party body being hired will totally indemnify the Sub-Contractor or any negligence or malpractices. Refund Policy: To make a reservation the hirer is required to supply a Credit Card on file, photograph proof of Card may be required for legality reasons – unless there has been a prior arrangement made with management. The outstanding monies can be paid on the night and none of the deposits made to make a booking are refundable Photo ID will be used to identify the hirer on the night. These Terms and conditions apply to the person/people hiring the vehicle unless otherwise stated. ADDITIONAL TERMS AND CONDITIONS FOR SUB-CONTRACTOR NO. 3 Charter Hire Terms & Conditions To confirm a booking and reserve transport the Sub-Contractor requires the requested non-refundable deposit amount. Once the deposit has been received, they will issue a booking confirmation sheet. At this time customers are subject to the following Bus Hire terms & conditions. Amendments Any amendments to your booking after confirmation can only be accepted subject to availability. The Company reserves the right to charge an amendment fee for any such events. Booking Confirmation Information It is the responsibility of the customer to read through all the information on the Booking Confirmation sheet and to check that all the details are correct. Cancellations In the event of a booking cancellation the Sub-Contractor reserves the right to charge a cancellation fee as follows: a. For cancellations made between the booking date and 7 days before the date of travel: 50% of the value of the booking b. For cancellations made 7 days or less before the date of travel: 100% of the value of the booking Credit Card Charges In the event of credit card payments, The Sub-Contractor will charge an additional bank fee of 2% of the value of the booking. The Sub-Contractor regrets that you are unable to take payment via American Express. Damage To Vehicle If the vehicle is damaged or soiled as a result of passenger actions, a clean-up fee of a minimum of $100 will be payable and/or the full cost of the damage will be charged to the person who made the booking. Deposit and Final Payment The Sub-Contractor requires a non-refundable deposit of 50% of the value of the booking to confirm a reservation. The balance is payable in full no later than 1 week prior to the date of travel. Extensions Should your event with the Sub-Contractor not run to schedule, and extra hours are required, the company reserves the right to charge an extension fee, in addition to the cost of the extended charter service. Food and Beverage Food and beverage cannot be consumed on the company’s vehicle without prior approval. Should you wish to consume food and beverage on a vehicle, a premium will be included in the price to cover professional cleaning costs. Seat Belts Seat belts are compulsory, and the company has the right to refuse travel if they are not worn. Smoking Smoking is not permitted on Boomerang Bus Hire transport. Student Travel The Sub-Contractor requests that students observe the Code of Conduct (for bus travel) at all times. Refusal of Travel/Termination of Charter The Sub-Contractor has the right to terminate the charter or refuse travel to passengers who are: a. displaying unacceptable behaviour b. causing damage to the vehicle c. overly intoxicated Unforeseen Circumstances The company will always endeavour to get customers to their destinations on time, however, are not liable for delays subject to unforeseen circumstances, for example heavy road traffic or extreme weather conditions. Vehicles Used The Company works closely with other high-quality charter services. From time to time the vehicle provided will be that of another company. Should this be the case with your booking please rest assured that all the vehicles we use meet our high safety and respectability standards TERMS AND CONDITIONS FOR SUB-CONTRACTOR NO. 4 General rules are applicable as public passenger transport. Above all, the driver has right to terminate the Charter at any time. TERMS AND CONDITIONS FOR Limousine & Hummer Sub-Contractor No.5 INCREASED RATES APPLY TO SPECIAL EVENTS AND PUBLIC HOLIDAYS TERMS AND CONDITIONS FOR SUB-CONTRACTOR NO. 6Cancellation Policy Any self-cancellations prior to 72 Hours of Travel Date or, by enforcement of lockdowns from State or Federal Authorities due to COVID will entitle you to move the date or a full refund. Any cancellations (other than the latter COVID related) within 72 – 24 Hours of Travel Date incur a 10% charge of the full booked amount + $20.00 Admin Fee. Bookings cancelled within 24 Hours of the trip – No refund but an alternative date can be arranged. |