Terms and Conditions Gold Coast

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 Perth, WA. Nightcruiser Licensee, 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 on board on a BYO Basis.
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 on board.
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.

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:
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 or their Representative cannot take responsibility for items left on vehicles and or are lost or stolen.
If any property is found deemed lost, we hold it at the 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 trailer.
We take no responsibility for the lost property while waiting collection.

30a. Electronic devices disclaimer [iPhone, iPods and other devices]:
Nightcruiser and its Sub-Contractors encourages the use of Electronic Devices, Laptops, Tablet PCs, iPhone, iPad, iPod and Smartphones for the purpose to allow passengers to bring their own music.
Nightcruiser or its Sub-Contractors cannot accept any responsibility for such electronic devices if damaged, lost whilst on the vehicles or damaged electronically.
At no stage must they be left unattended with the Sub-Contractor Driver, Chauffeur or Nightcruiser Captains at any time.
All Charterers must advise their guests of this fact and agree to do so. Any connection leads required should be brought along by Charterers.

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 Representatives operates 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 Nightcruiser / Vehicle will result in the immediate termination of a tour/charter and withdrawal of 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.

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 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. Licensee carries music copyright licenses and is a member of APRA and PPCA

40.   Power Sound System:
Amplifiers and Speakers are checked prior to departure from our 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 tour/transport is paramount.

41.  Weather:
Weather Conditions can not 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 1300Nightcruiser).
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 as to what we are charged.

43.  Price change and Money due:
You can not change the price agreed to prior to the arrival of the service. If you experience fewer passengers turning up it is your responsibility to make up the difference or increase the per head basis you collect. The bond can at times be used towards payment if authorised by Operations Manager of Representative, but 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.
• Should you not agree with the rescheduling you then decide to cancel, 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.
• If the region where the event is booked is in level 1 or 2 – the event can go ahead [unless there are capacity issues due to COVID restrictions], it will go ahead as originally planned. Please refer to our normal cancelation rules. No refunds are given should the number of guests have 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 cancelling.
  
  Postponement Terms

• Pending the Sub-Contractor [Supplier’s]  postponement terms which are normally either allowed up to 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, 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 Show World Corporation Pty. Ltd. trading as Nightcruiser Party Buses.
  For your event to go ahead, Nightcruiser Party Buses would have to book another Sub-Contractor [Supplier] and establish a new Booking with new costs stated via a booking email.
• 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.

48. CANCELLATIONS DUE TO GOVERNMENT-MANDATED SHUTDOWN
In the event of a cancellation due to a government-mandated shutdown, you can change the date of your tour (provided it’s within 12 months) with the
following condition: Money that we have paid to venues to secure your booking and tasting MAY OR MAY NOT BE RECOVERABLE. This will depend on the venues’ policies and it is beyond our control.
We also cannot guarantee that the venue will be able to accommodate you at a later date.
We do NOT offer refunds in the event of a government-mandated shutdown.

ADDITIONAL TERMS AND CONDITIONS FOR SUB-CONTRACTOR NO. 1

Minimum $200 bond 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.

Bond is refundable on a separate occasion, providing there is no damage on or to the bus.

Bond is not refundable if the Terms and Conditions below are not adhered to.

No glass, including bottles or glasses, permitted on the Bus.

Smoking is not permitted on the bus.

Disruptive, violent or abusive behaviour or sexual abuse of any kind towards the staff or other passengers will not be tolerated.

The Party Bus reserves the right to terminate your travel at any time if this occurs.

We as the party bus hold no responsibility for passengers being refused entry into a licensed premise, due to Intoxication or any other anti-social behaviour, either inside or outside, any establishment.

The Organizer will be held responsible for any damage caused to the bus, either inside or out, and will be liable for all costs exceeding the bond amount.

If you are not at the pickup point at the time provided you will forfeit your travel.
(No refund will be given).

If you cancel your booking your bond is not refundable for any reason.

We as the party bus holders are not liable for any person who may injure themselves on and/or outside any of our buses.

ADDITIONAL TERMS AND CONDITIONS FOR SUB-CONTRACTOR NO. 2

Term & Conditions of Hire

Missing or Damaged Equipment or fittings to the vehicle:
If there is any deliberate or malicious damage done to the vehicle, then the repair will be quoted at a cost with an additional administration fee charged by the Sub-Contractor

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.
The Hirer/ee whose credit card is used for the booking will have that Credit Card charged for any damages or other chargeable offences (no shows, outstanding balances, cancellations to name a few)

Cleaning Fee:

Any additional cleaning fees due to inappropriate or irrational behaviour will be charged at a flat rate of $300. (This includes Carpet/Curtain steam clean and wash-down inside vehicle.)

Payment Details:

A credit card must be on file at the time of booking before a finalised booking can commence. The balance is due on the day of hire, or prior to hiring, unless pre-arranged with management.

The Responsibility of the Hirer:

The hirer accepts that him or her and their entire party comes aboard the Sub-Contractor’s at their own risk and the Sub-Contractor and Nightcruiser and  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 minimize the likelihood of accidents occurring such as keeping patrons seated to prevent slipping/falling or other such accidents/incidents. The Sub-Contractor and Nightcruiser will take all reasonable care to make sure its patrons arrive safely at their destination.

The Hirer shall be solely and fully liable and responsible for the behaviour and well-being 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 Sub-Contractor’s 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 from any liability for any personal or material damages arising from the conduct of his or her party.

The Sub-Contractor’s company, its agents or employees and Nightcruiser 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_contractor, 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-Contractor, the company will at all cost ensure 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 the use of such items and service being terminated immediately. This includes swearing into microphones, shouting abuse, and or directing abuse from the 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-Contractor 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 willful damage to the interior generally.
Also, the 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 “Bus Tour Rhymes Tours and Charters”, 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, “Bus Tour Rhymes Tours and Charters” 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 a 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 the best endeavours of the Sub-Contractor, and it will do anything in its power to assist where appropriate. There can be no specific guarantees in terms of time, the 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-Contractor and Nightcruiser 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 Sub-Contactor 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
Missing or Damaged Equipment or fittings to the vehicle: If there is any deliberate or malicious damage done to the vehicle, then the repair will be quoted at a cost with an additional administration fee charged by the Sub-Contractor

Repairs to Vehicle: Any repairs that are required will be appropriately quoted by a qualified repairer.

No Glass, bottles or open cups are to be brought on the bus at any time cans are only permitted.

A cash bond of $250 is required on the day, once the bus has been cleared from the driver and no mess or damages has occurred you will be given this back straight away. If there are any issues your bond will be forfeited.

Cleaning Fee: Any additional cleaning fees due to inappropriate or irrational behaviour will be charged at a flat rate of $250. (This includes clean and wash down inside vehicle.)

Payment Details: 50% deposit of total cost is due upon booking confirmation. The balance is due two weeks prior to hire date, unless pre-arranged with management.

Cash or banks deposit is accepted. Credit card transactions attract fees

The Responsibility of the Hirer:

The hirer shall be responsible for the behaviour of all passengers and shall be primarily responsible for any damage caused to the vehicle whatsoever.

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 a specific agreement has been made to the contrary at the time of the booking and agreed in writing.

As stated below, the Sub-Contractor can and will recover any money for loss of property that is provided in the Bus . This includes, but is not limited to; seat coverings, light fixtures, fans, curtains, carpet, windows.

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, shouting abuse, rudeness or intolerance with the driver, arguing with the driver, misuse of the equipment, fixtures or consumables in the vehicle and willful 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 driver, and the Sub-Contractor, will 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 aux cord and CD 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-Contactor 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 to their destination. The company may at its entire discretion determine the method of onward travel. The hirer specifically accepts that the hire is based on a best endeavours of the Sub-Contractors vehicle, and will do anything in their power to assist where appropriate. There can be no specific guarantees in terms of time, reliability of the vehicle and events that are out of the direct control of the driver or the company.

Refund Policy:

To make a reservation the hirer is required to pay a deposit of 50% of the hire charge, final payments need to be received 14days working days before the hire date .

The hirer may cancel their booking within 7 days of payment of the deposit, and receive their deposit back in full.

If the hirer cancels their booking after 7 days of booking, their deposit will not be refunded.

If the hirer cancels their booking within 14 days prior to the date, the full hire amount is to be paid by the hirer.

If the hirer books within 14 days of the booking date, then cancels, the hirer will forfeit the whole amount in full.

Photo ID will be required to identify the card holder of the credit card if this has been used for payment.

If the hirer has paid in full and has to cancel for the date required they accept that no refund will be given , however the hirer can change the date up to one week prior to another date subject to availability.

By hiring the bus you accept all terms and conditions of the sub-contracor party bus and have read and understand these terms and conditions .

A credit card will be given to the company as a deposit for the hire but no monies will be taken off that card unless there is damages or cleaning fees , the card will not be stored by the company and once the hire is complete the card record will be destroyed .

Definitions of words outlined above:

These Terms and conditions apply to the person/people hiring the vehicle unless otherwise stated.
The Hire date is the date that the booking is made for.
The Hiring person is the person responsible for the payment of the hire.
The Hire time is the amount of time that the vehicle is hired or reserved for.
The Driver is the driver of the vehicle.
The Vehicle is the SUB-CONTRATOR’S BUS .
The Booking is the period for which the hirer has committed to the hire and the full amount of the hire for that date has been paid.