We, therefore, require your Bank BSB and Account numbers to forward to the chosen Sub-Contractor.

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 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 deposit 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.

Payment Options: Bond / Advance Payment

Direct Transfer
Bank: Bank West
Account Name: Show World Corporation Pty. Ltd.
BSB: 306 – 042
A/c: 0912251
Reference:[Your Eq. booking number or Name in your Tentative Booking email]

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 cheque 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, 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, 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 sub-contract out its tours and charters to various Sub-Contractors and that you agree to this service. All subcontractors have agreed to provide the licensed out service to Nightcruiser’s strict company policy.

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/schedule needs 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 Crew. Venues hold the time slot free so we don’t get turned away at arrival. You must agree to maintain to 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 Westwide Corridor Coaches Pty. Ltd. [Perth, WA. Nightcruiser Licensee] and or Nightcruiser and or Show World Corporation Pty. Ltd. trading as Nightcruiser, 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 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 Westwide Corridor Coaches Pty. Ltd. [“Perth, WA. Nightcruiser Licensee”] and or Show World Corporation Pty. Ltd. trading as Nightcruiser. Some Venues require additional entry fees and have strict dress codes and once reached their patron limits can not 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 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 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.
• 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

$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, is 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 Sun-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 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 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 (show girls, 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 behavior 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-Contrator 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. 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 “Bus Tour Rhymes Tours and Charters”, 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 (show girls, 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 behavior 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-Contrator 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 Boomerang Bus Hire 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, Boomerang Bus Hire will charge an additional bank fee of 2% of the value of the booking. Boomerang Bus Hire regrets that we 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 OF BUSINESS

© Show World Corporation Pty. Ltd. 01/21

SHOW WORLD CORPOARTION PTY. LTD. TRADING AS NIGHTCRUISER PARTY BUSES – TOURS & TRANSPORT  (“THE AGENT”)

COVID POLICY LISTED BELOW

1. DEFINITIONS & INTERPRETATION

1.1 In these terms of business, unless the context otherwise requires:-

Business Day means a day on which the main clearing banks are open for business other than a Saturday or a Sunday;

Buyer means the means the person, organisation or body to whom/which the Proposal is addressed or such other party as the Agent agrees in writing may be substituted therefore ;

Cancellation Charges means the cancellation charges set out in clause 6;

Contract means the contract between the Agent and the Buyer in respect of the provision of Services;

Contractual Terms means:-

(a) the terms set out in the Proposal;

(b) any other terms which the Agent and the Buyer expressly agree, in writing, to incorporate; and

(c) save to the extent that they are inconsistent with the terms referred to in (a) and/or (b) above, the terms set out herein;

Deposit means the deposit set out in the Proposal;

Parties means the Buyer and the Agent and Party means either one of them;

Price means the charges for the the Services and the Third Party Services as set out in the Proposal (including any amendment thereof), exclusive of the items referred to in condition 7.2;

Proposal means [the written proposal/quotation issued by the Agent which accompanies these terms of business][the proposed itinerary[ sent to the Buyer by email][set out on the Agent’s website customised for the Buyer];

Relevant Obligations means the obligation to provide the Services and the obligations ancillary thereto;

Services means the agency services referred to in the Proposal and final confirmation letter issued on payment of the Deposit which are to be provided to the Buyer by the Agent;

Third Party means the third party from whom the Agent will source the Third Party Services for the Buyer;

Third Party Services means the services to be provided by the Third Party to the Buyer referred to in the Proposal;

GST means value added tax or, if applicable, its equivalent in another jurisdiction.

1.2 The headings in these terms of business are for convenience only and shall not affect the interpretation or construction of these terms of business.

1.3 The singular includes the plural and vice versa and any reference to one gender includes a reference to all genders.

1.4 Save where expressly stated otherwise, words and expressions defined in the Companies Acts 1985 to 2006 shall bear the same meanings in the Contract.

1.5 Reference to any statute or statutory provision shall include a reference to any statute or statutory provision which amends, extends, consolidates or replaces the same (save to the extent that any amendment, extension, consolidation or replacement would impose more onerous obligations than otherwise exist at the date on which the Contract is entered into) or which has been amended, extended, consolidated or replaced by the same and shall include any orders, regulations, instruments or other subordinate legislation made under the relevant statute or statutory provision.

2. APPLICATION OF TERMS

2.1 The Contract shall be solely on the Contractual Terms to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply (whether under any purchase order, confirmation of order, specification or otherwise)) and no variation to the Contractual Terms shall have effect unless expressly agreed in writing by the Agent.

2.2 The Buyer acknowledges that it has not relied on any statement, promise and/or representation made or given by or on behalf of the Agent which is not set out in the Contract. Nothing in this condition shall exclude or limit the Agent’s liability for fraudulent misrepresentation.

2.3 By its acceptance (whether deemed or actual) of, inter alia, the Proposal and these terms of business (“Acceptance”), the Buyer:-

2.3.1 warrants to the Agent that all (if any) information supplied by it to the Agent was, when given, and, at the time of Acceptance, remains true, accurate and complete in all material respects: and

2.3.2 acknowledges and agrees that in the event of a breach of the warranty set out in condition 2.3.1, the Price shall be adjusted by such amount as the Agent (acting reasonably) determines is appropriate to reflect all (if any) additional work/materials which the Agent (in its absolute discretion) determines is necessary and/or desirable for its proper performance under the Contract (provided always that this condition 2.3.2 shall be without prejudice to all other rights and remedies available to the Agent at law in connection with any such breach of warranty).

2.4 A certificate (in such form as the Agent shall in its sole discretion determine) signed on behalf of the Agent specifying the total sums due to the Agent by the Buyer (including, without prejudice to the foregoing generality, sums in respect of fees, expenses and/or interest) shall, in the absence of manifest error, be conclusive in determining the extent of the Buyer’s liability to the Agent.

3. AGENCY AND DESCRIPTION

3.1 The Buyer appoints the Agent as its exclusive agent in the purchase of the Third Party Services for it and on its behalf from the Third Party. The Buyer acknowledges and agrees that the Agent will act as its disclosed Agent in connection with the purchase of the Third Party Services and that responsibility for payment for those Third Party Services rests with the Buyer and not with the Agent.

3.2 The quantity and description of Services and Third Party Services shall be as set out in the Proposal.

3.3 All drawings, descriptive matter, specifications and advertising issued by the Agent and any descriptions and/or illustrations contained on the Agent’s website or in the Agent’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the services described in them and they shall not form part of the Contract. All rack and/or retail prices published or disclosed on the Agent’s website or in the Agent’s catalogues or brochures or other advertising materials have been provided by third parties and are so published or disclosed in good faith by the Agent. The Agent shall have no liability to the Buyer in the event that such rack and/or retail prices are incorrect.

4. DELIVERY

4.1 Unless otherwise agreed in writing by the Agent, delivery of all Services and Third Party Services shall take place at the address identified in the Proposal.

4.2 Subject to the other provisions of these terms of business, the Agent shall not be liable for any direct, indirect or consequential loss (all of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges and/or expenses caused, directly or indirectly, by any delay in the delivery of Services (even if caused by the Agent’s negligence) or the Third Party Services, nor shall any delay of less than 80 Business Days continuous duration entitle the Buyer to terminate or rescind the Contract.

4.3 If, for any reason, the Buyer fails to accept delivery of any Services when they are ready for delivery or the Third Party is unable to deliver the Third Party Services on time because the Buyer has not provided appropriate instructions, documents, licences or authorisations the Services or Third Party Services (as appropriate) in question shall be deemed to have been delivered.

5. NON-DELIVERY

Any liability of the Agent for non-delivery of Services shall be limited to replacing the Services in question within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Services. The Agent shall have no liability to the Buyer for non-delivery of the Third Party Services. The Buyer acknowledges and agrees that responsibility therefor will rest with the Third Party.

6. BOOKINGS AND CANCELLATION

6.1 A booking is valid after the Deposit has been paid and a Proposal has been issued by the Agent to the Buyer. If the Buyer seeks to amend any Proposal, the Agent will establish whether this is possible and advise the Buyer in writing of any additional Price payable. On payment of any such additional Price, the Proposal will be amended.

6.2 The Buyer shall be responsible for payment of the Price regardless of whether delivery of the Services or the Third Party Services is made to parties other than the Buyer. On receipt of the Price from the Buyer, the Agent will make payment to the Third Party of any sums due to it for the provision of the Third Party Services on the Buyer’s behalf.

6.3 The Deposit is non-refundable. Final payment is non-refundable.

6.4 If a booking is a gift for a third party, the Agent will provide a voucher to the Buyer for the appropriate Services upon receipt of the full Price. That voucher will be valid for a period of 12 months from receipt by the Agent of the Price and the voucher will be capable of redemption during that period subject to any Cancellation Charges.

6.5 If the Buyer wishes to cancel any booking (in whole or in part) the Buyer should advise the Agent immediately in writing. In the event of cancellation, the Agent shall be entitled to retain all sums paid. If cancellation is made less than 30 days prior to the date on which the Services were to be provided, the full Price will immediately fall due and payable.

7. PRICE

7.1 The Proposal sets out how the Agent will calculate its charges for the Services. In the absence of the Agent’s written agreement to the contrary after the date of the Proposal, charges for any other services (whether required as a consequence of input from the Buyer or otherwise howsoever) will be calculated using the applicable rates (if any) set out in the Proposal or, if no such rates are set out therein, the Agent’s rates generally prevailing for work/goods of the type in question from time to time.

7.2 The Price is stated inclusive of all applicable:-

7.2.1 GST;

7.2.2 duties;

7.2.3 other like government (central or local) tariffs and levies;

7.2.4 charges for packing, loading, unloading, shipping, carriage, delivery and insurance;

which, in each case, the Buyer shall pay, in dollars, in addition to (and contemporaneously with) the Price.

8. PAYMENT

8.1 Subject to condition 8.4, payment of the Price (including the Deposit) is due in AUD 7 days to four weeks prior to the date of delivery of the Services set out in the Proposal depending on activates and accommodation booked. You will be notified of payment terms prior to booking.

8.2 Time for payment shall be of the essence.

8.3 No payment shall be deemed to have been received until the Agent has received cleared funds.

8.4 All payments payable to the Agent under the Contract shall become due immediately on termination of the Relevant Obligations notwithstanding any other provision.

8.5 The Buyer shall make all payments due under the Contract in full without any deduction whatsoever (whether by way of set-off, counterclaim, discount, abatement or otherwise).

8.6 If the Buyer fails to pay the Agent any sum due pursuant to the Contract, the Buyer shall be liable to pay interest to the Agent on such sum from the due date for payment at the annual rate of 8% above the base lending rate from time to time of the BankWest of Western Australia accruing on a daily basis until payment of all principal and interest is made (in full), whether before or after any judgment. The Agent reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998 and/or other like legislation prevailing from time to time.

8.7 If payment is not made by the due date, the Services will be cancelled immediately and the Agent shall be under no obligation to provide any Services to the Buyer.

9. QUALITY AND ABILITY

9.1 The Agent warrants that (subject to the other provisions of these terms of business) Services shall be delivered by it using reasonable skill and care.

9.2 The Agent shall not be liable for a breach of the warranty in condition 9.1 unless:-

9.2.1 the Buyer gives written notice of the defect to the Agent within 5 Business Days of the time when the Buyer discovers or ought to have discovered the defect; and

9.2.2 the Agent is given a reasonable opportunity after receiving such notice to investigate/examine the Services in question.

9.3 The Buyer shall be responsible for ensuring that it and all others for whom it contracts have the appropriate level of fitness to take part in any Third Party Services which are undertaken entirely at the Buyer’s and all other’s for whom it contracts own risk.

9.4 The Agent and its agents reserve the right to cancel or terminate any Services in the event that, in their reasonable opinion, the Buyer and/or any members of the Buyer’s party are unable to safely take part in the Services for any reason. Furthermore, the Buyer acknowledges and agrees that (1) the Third Party may cancel or terminate any Third Party Services in the event that it considers that the Buyer and/or any members of the Buyer’s party are unable to safely take part in the Third Party Services for any reason and (2) that the Agent has no control over the Third Party’s decision in connection therewith.

9.5 The Agent shall not be liable, in any way or to any extent, for a breach of the warranty in condition 9.1 if:-

9.5.1 the Buyer makes any further use of such Services after giving such notice;and/or

9.5.2 the defect arises because the Buyer failed to follow the Agent’s and/or the Agent’s agents’ oral and/or written instructions in connection with such Services.

9.6 Subject to condition 9.4 and condition 9.5, if any of the Services do not conform with the warranty in condition 9.1, the Agent shall, in its own absolute and unencumbered discretion, choose to replace such Services (or the defective part) or refund the price of such Services at the pro rata Contract rate.

9.7 If the Agent complies with condition 9.6, it shall have no further liability for a breach of the warranty in condition 9.1 in respect of such Services.

10. LIMITATION OF LIABILITY

10.1 Subject to condition 4, condition 5 and condition 9, the following provisions of this condition 10 set out the entire financial liability of the Agent (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:-

10.1.1 any breach of the Contractual Terms;

10.1.2 any use made by the Buyer of any Services or of any product incorporating any Services; and

10.1.3 any representation, statement or delictual act or omission (including negligence) arising under or in connection with the Contract.

10.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.

10.3 Nothing in these terms of business excludes or limits the liability of the Agent:-

10.3.1 for death or personal injury caused by the Agent’s negligence;

10.3.2 under section 2(3) of the Consumer Protection Act 1987;

10.3.3 for any matter which it would be illegal for the Agent to exclude or attempt to exclude its liability; or

10.3.4 for fraud or fraudulent misrepresentation.

10.4 Subject to condition 10.2 and condition 10.3:-

10.4.1 the Agent’s aggregate liability in contract, delict (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to an amount equal to the Price.

10.4.2 the Agent shall not be liable to the Buyer for loss of profit, loss of business or depletion of goodwill (in each case, whether direct, indirect or consequential) or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract;

10.4.3 the Agent shall have no liability to a third party for losses, damages, costs, claims and/or expenses which arise in connection with (whether directly or indirectly) Services and the Buyer shall indemnify the Agent, on demand, in respect of the same; and

10.4.4 the Agent shall have no liability to the Buyer or any member of the Buyer’s party in connection with the actions (negligent or otherwise) of the Third Party. The Agent shall have no liability to the buyer for any death or personal injury caused by the Third Party negligence.

11. ASSIGNATION

11.1 The Agent may assign the Contract or any part of it to any person, firm or company.

11.2 The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Agent.

12. FORCE MAJEURE

12.1 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.

12.2 Following termination of the Relevant Obligations pursuant to condition 12.1, the Buyer shall pay the Agent such part of the Price as is due in respect of Services then supplied in accordance with the Contract.

13. TERMINATION

13.1 Subject to condition 13.2, either Party shall be entitled to terminate all, but not part only, of the Relevant Obligations forthwith (and shall notify the other Party in writing accordingly) in the following circumstances:-

13.1.1 if the other Party is wound-up or dissolved;

13.1.2 if a resolution is passed for the winding-up or dissolution of the other Party (other than a resolution for the purpose of any reconstruction or amalgamation or a member’s voluntary winding-up, in each case, in terms previously approved in writing by the other Party otherwise entitled to terminate under this condition 13.1.2, such approval not to be unreasonably withheld or delayed);

13.1.3 if a liquidator, trustee, receiver, administrator, administrative receiver or similar officer is appointed over the whole or any material part of the property, assets or undertaking of the other Party;

13.1.4 if the other Party commits a material breach of its obligations under this agreement and, where such breach is capable of remedy, it is not remedied by the Party in default within 15 Business Days of it being required in writing so to do by the other Party;

13.1.5 save for diligence on the dependence of an action, if any diligence, distress, execution, sequestration or other process is levied or enforced upon or sued out against the property of the other Party and is not discharged, in full, within 5 Business Days;

13.1.6 if the other Party suspends payment of its debts or is unable or is deemed to be unable to pay its debts (within the meaning of the Insolvency Act 1986 or any statutory modification or re-enactment thereof);

13.1.7 if a proposal is made or a nominee or supervisor is appointed for a composition in satisfaction of the debts of the other Party or for a scheme of arrangement of the affairs of the other Party or the other Party commences negotiations with one or more of its creditors with a view to the general readjustment or rescheduling of all or part of its debts or enters into any composition or other arrangement for the benefit of its creditors generally or any class of creditors or proceedings are commenced in relation to the other Party under any law, regulation or procedure relating to the reconstruction or readjustment of debt;

13.1.8 if the other Party transfers all or a material part of its business and/or assets to a third party otherwise than in the ordinary course of its business;

13.1.9 if the other Party ceases to carry on its business or substantially the whole of its business; and/or

13.1.10 if any of the matters referred to in paragraphs 13.1.1 to 13.1.9 above (inclusive) occurs in relation to a holding company of the other Party.

13.2 The cessation of the Relevant Obligations shall be without prejudice to:-

13.2.1 the remaining provisions of the Contract which shall continue in full force and effect;

13.2.2 without prejudice to condition 13.2.1, the due performance by each Party of all obligations incumbent on it up to the date of cessation; and

13.2.3 the remedies available to the other Party in respect of any breach of such obligations.

14. ENTIRE AGREEMENT

14.1 To the fullest extent permitted by law, the Contractual Terms represent an exhaustive statement of the terms of the Contract and no other term shall be deemed to be incorporated therein.

14.2 The Contract constitutes the whole and only agreement between the Parties relating to the provision of the Services forming the subject matter thereof and supersedes and extinguishes all (if any) prior drafts, agreements, understandings, undertakings, representations, warranties and/or arrangements of any nature whatsoever (whether or not in writing) between the Parties in connection therewith.

14.3 The Buyer agrees that:-

14.3.1 it has not been induced to enter into the Contract in reliance upon (nor has it been given) any warranty, representation, statement, agreement or undertaking of any nature whatsoever other than as form part of the Contractual Terms; and

14.3.2 to the extent that it has been so induced, it unconditionally and irrevocably waives all claims, rights and remedies which it might otherwise have had in relation thereto.

15. GENERAL

15.1 No waiver by either Party of any of the requirements of the Contract or of any of its rights thereunder shall be effective unless given in writing and signed by or on behalf of that Party and no forbearance, delay or indulgence by either Party in enforcing the provisions of the Contract shall prejudice or restrict the rights of that Party nor shall any waiver by either Party of any of the requirements the Contract or any of its rights thereunder release the other from full performance of its obligations stated therein.

15.2 Each provision of the Contract shall be construed separately and (save as otherwise expressly provided therein) none of the provisions thereof shall limit or govern the extent, application or construction of any other of them and, notwithstanding that any provision of the Contract may prove to be invalid or unenforceable, the remaining provisions of the Contract shall continue in full force and effect.

15.3 By Acceptance, the Buyer agrees to the registration of these terms of business, the Proposal and/or each (if any) certificate issued by the Agent pursuant to condition 2.4 above, for preservation and execution.

15.4 No variation of the terms of the Contract shall be effective unless made in writing and signed by each of the Parties.

15.5 All intellectual property (of whatever nature) created by the Agent in connection with the Contract shall belong solely to the Agent.

15.6 The Parties do not intend any provision of the Contract to be enforceable by any person who is not a Party, whether pursuant to the Contracts (Rights of Third Parties) Act 1999, by operation of ius quaesitum tertio or otherwise.

15.7 Any notice required to be given by either Party to the other shall be deemed validly served if served by:-

15.7.1 first class post addressed to the other Party at its registered office or principal place of business;

15.7.2 Personal delivery by hand to such address; or

15.7.3 email to an email address used by a representative of the other Party at any time in the 130 Business Days prior to the date of the Proposal or such other email address as may, from time to time, be notified in writing by the other Party for this purpose;

And any notice so served shall be deemed to have been served:-

(a) in the case of 15.7.1 above, 2 Business Days after posting the same;

(b) in the case of 15.7.2 above, upon delivery; and

(c) in the case of 15.7.3 above, upon transmission if it is sent if sent before 3pm on a Business Day or 10am on the following Business Day in any other case (provided always that no error message indicating a failure to deliver has been received by the sender).

In proving service, it shall be sufficient to prove that the notice was properly addressed and posted or that delivery or transmission took place (as the case may be).

16. GOVERNING LAW

The Contract shall be governed by the law of the Commonwealth of Australia and the Parties submit to the exclusive jurisdiction of the Australian courts. Our booking office is located in Australia.

COVID POLICY

Nightcruiser Party Buses and our 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.If you wish to cancel the event an admin fee will be added from Nightcruiser Party Buses of $399 ( any Corporate events) and any other events such as stag, hens and birthday parties of $100. If the suppliers have any admin fees, Nightcruiser Party Buses will pass those cost on to you, the client.
• Where an event cannot be rescheduled, we will offer a full refund where our suppliers COVID policy allows minus any admin fees + credit card charges from Nightcruiser Party Buses as per above and any from the suppliers.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, it will incur a $199 administration fee.

Postponement Terms

• Pending the supplier’s postponement terms which are normally either 3, 6 or 12 months from the booked event date, we will reschedule your event for a date that will suit both you and the affected supplier(s).
• Please note that if funds have been forwarded to the supplier already in terms of a 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 supplier if possible and an invoice would be issued for the costs associated with that.
• We are happy to postpone the event wherever possible however it will occur an admin fee ranging of $75 to $199 pending on how many activities you have booked, things needs changing and amending. This will apply each time you change the date.