Terms & Conditions Brisbane
as at 01-16© Strictly Copyright Worldwide
Show World Corporation Pty. Ltd. trading as Nightcruiser
1. Responsibility and Sub-Contractor Services
You must be over 18 years of age to make any booking, alternatively, your Parent or Guardian can make the booking on your behalf.
When you call us we assume and you declare you are over 18 years of age.
You and or your Parent or Guardian automatically agree, confirm and accept full responsibility to the set-out terms and conditions herewith when you pay your booking /security deposit/ bond to Show World Corporation Pty. Ltd. trading as “Nightcruiser Party Buses” for and on behalf of any Nightcruiser’s chosen Sub-Contractor carrying out the services.
1 a. NIGHTCRUISER APPOINTED SUB-CONTRACTORS.
You [Buyer] agree, accept and understand that Nightcruiser [Agent] will allocate a suitable chosen Sub-Contractor [Supplier] to carry out the Party Tour and Services as agreed. They will be in full control and assist you directly and you will abide by their own terms and conditions as well, listed separately at the bottom of this webpage. Furthermore, you agree to the emailed out tour schedule and detailed arrangements.
2. Communication:
Email communication or faxes between our offices and clients are deemed and treated the same as a signed legal contract.
3. Booking Bond:
Must be paid in advance by the due date requested as stated and or attached to our emails to protect your date.
Payment options are also detailed and attached.
4. Refund of Bond:
We are unable to refund your booking deposit/bond for a cancellation for whatever reason and time.
5. Security Bond:
The booking bond/deposit also automatically becomes your damage bond, once paid. It can not be used towards the fee due for the service at the point of pick-upThe Sub-Contractor might refund on the spot or as per their terms and conditions after the service back to your bank account. This ensures the right person receives the bond.It is your responsibility to ask the driver if he is happy to recommend the refund after inspection.We, therefore, require your Bank BSB and Account numbers to forward to the chosen Representative.If you have any dispute it can only be solved by the Sub-Contractor [Vehicle Owner Operator] and yourselves.
6. Bond:
Your pre-paid bond cannot be used towards your 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.
6. b Payment Options: Bond / Advance Payment Direct Transfer
All details refering to payment and securing your booking instatley is listed in your Nc tentative booking email.
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/ schedules need to be maintained:
Times or venues cannot be changed during the agreed tour as venues have accepted bookings for the time booked and may not grant access if late arrival.
20. Loss of Bond:
If changes to the schedule made and non-arrival at the booked venue. Venues are booked for and on your behalf as an additional courtesy service by the Nightcruiser 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. Venues Information, Deals and Free booked VIP entry:
Deals, Information and all other arrangements are obtained on behalf of you and your guest’s as a complimentary additional service by the Nightcruiser Crew. [If applicable and available in your area].
These provisions are provided directly by the Venues and are out of our control. We can not offer any guarantees or entertain any comebacks if what we have arranged is not provided. You agree not to make any claims against our Representative/Sub-Contractors or Show World Corporation Pty. Ltd. trading as Nightcruiser.
Some Venues for various reasons require additional entry fees and have strict dress codes and once they have reached their patron legal limits cannot allow additional patron in by law.
Please note! Some of these services, however, might not be offered in your particular area.
23. Wine, Beer and Spirit tasting Disclaimer:
All Wineries, Breweries and Distilleries could charge a tasting fee which is not included in the Nightcruiser Charges. The venues request that you collect the fees from your guests and pay them in one lump sum.
24. Non Entry to Venues:
If Authorities change the trading hours or conditions of entry or deals to a venue for whatever reason, you agree not to make any claim against 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.
27. Keep inside at all times
It is illegal to throw any items out of the window and or have hand, arms, heads or bodies handing out of the windows.
This includes plastic drink bottles or cans.
28. Bus/Vehicle Groups or Charters:
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. The breaking of Emergency Windows:
Back Window, Roof Emergency Exit vents, Middle or Front doors without an emergency will incur an automatic replacement cost, plus new signage charge. Total approx. $550.00 depending on the damage.
36a. Transport regulations:
Replacement only by licensed tradesmen.
37. Fire Extinguisher and First Aid Kits:
If abused by passengers they will need to be replaced and charged to Client.
38. Venue Dress Standards and behaviour rules:
It is the individuals’ responsibility to make sure they adhere to venues dress codes and behaviour rules.
39. Musical Requests:
Clients are welcome to bring own CDs and iPhones, iPods or other devices to play their own music at their own risk. Suitable connection cords should also be supplied. 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 1.9%- 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.
- Where an event cannot be rescheduled, we will offer a full refund of your bond where our Sub-Contactor [Supplier’s] COVID policy allows but your deposit is non-refundable as stated at the interim in your booking email. Due to the time of the year, a very small number of our suppliers only offer postponement of events and packages booked. In this instance, Nightcruiser Party Buses will indicate in the proposal text under those packages and suppliers affected.
- If the region where the event is booked is in level 1 or 2 – the event can go ahead, and it will go ahead as originally planned. Please refer to our normal cancelation rules. No refunds are given should the number of guests has dropped due to some choosing not to attend due to COVID or their region being in lockdown. Where possible, we can look at postponing your event, however as stated in your booking email your deposit is lost if canceling.
Postponement Terms
- Pending the Sub-Cotractor [Supplier’s] postponement terms which are normally either 3 or 6 months from the booked event date, we will reschedule your event for a date that will suit both you and the affected Sub-Contractor [Supplier].
- Please note that if funds have been forwarded to the Sub-Contractor [Supplier] already in terms of a bond or deposit or final payment and for any reason, in the postponement time frame the supplier goes into receivership, Nightcruiser Party Buses is not liable and those funds can’t be claimed back through Nightcruiser Party Buses. For your event to go ahead, Nightcruiser Party Buses would have to book another Sub-Contractor [Supplier] and a new Booking email with costs would be issued.
- We are happy to postpone the event wherever possible however it could occur an admin fee. This will apply each time you change the date.
46. LIMITED LIABILITY Nightcruiser [Agent]
46.1 If a liquidator, trustee, receiver, administrator, administrative receiver or similar officer is appointed over the Sub-Contactor [Supplier] and if your [Buyer] deposits, bonds, job fees have been been forwarded to the Sub-Contactor [Supplier] you argee not to claim any moneis paid to us. They need to be calimed from the Sub-Contractor [Supplier].
46.2 You [Buyer] agree not to claim any damages against us, caused out of the consequence of the Sub-Contractor’s actions, not providing the services or refunding any funds, agreed not to claim again us [Agent]
46.2 You agree not to claim any damages that might have been caused due any loss of the Sub-Contractors action.
47. FORCE MAJEURE
47.1 The Agent reserves the right to defer the date of delivery or to terminate the Relevant Obligations or alter the Services ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Agent including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 80 Business Days, the Buyer shall be entitled to give notice in writing to the Agent to terminate the Relevant Obligations.
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.
49. ADDITIONAL CHARGES
We reserve the right to apply additional charges due to suddenly increased fuel costs and extra if your agreed schedule does overtime as stated in your tentative or confirmed booking email.
TERMS AND CONDITIONS FOR SUB-CONTRACTOR NO. 1
Your bond is not refundable if any of the below terms are breached:
- There is to be ‘NO’ Glass/Bottles whatsoever on and/or around the Bus.
- There is to be ‘NO’ stand on and/or jump on the seats.
- Any damage, mess and/or vomit on the bus. (Bins are provided for rubbish)
- Smoking is not permitted on the bus.
- Violence, violent behaviour and/or sexual abuse towards staff and/or other passengers, will not be tolerated and we reserve the RIGHTS to terminate your tour at any time if this occurs.
- We, The Sub-Contractor accept no responsibility for passengers being refused entry into a licensed premise due to Intoxication or any other reason and/or any other anti-social behaviour in and/or outside the bus or any premises.
- The organiser of the tour is financially liable for any damage to the bus and must keep their Guests under control.
- 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.
- While, we, The Sub-Contractor always take every precaution and care for the safety of our passengers , we are not liable for any passenger who injures themselves on, and/or outside of the bus.
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.
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
Term & Conditions of Hire
The hiring of Sub-Contractor: 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 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 to the credit card used for booking. (This includes Seats/walls and wash down inside vehicle.)
Payment Details:
A credit card must be on file at the time of booking before finalised booking can commence. The full amount or remaining balance is due on the day of hire, or prior to hire unless pre-arranged with management. All details will be shown in your tentative booking email from Nightcruiser.
The Responsibility of the Hirer:
The hirer accepts that him or her and their entire party comes aboard “The Sub-Contractor” at their own risk and “The Sub-Contractor and Nightcruiser” and its affiliates accepts absolutely no responsibility and/or liability of any person/s wellbeing and physical state whilst on board, and the hirer or his/her delegate must agree to do everything in his/her power to help minimise the likelihood of accidents occurring such as keeping patrons seated to prevent slipping/falling or other such accidents/incidents. “The Sub-Contractor” will take all reasonable care to make sure its patrons arrive safely at their destination.
The hirer shall be solely and fully liable and responsible for the behaviour and wellbeing of all passengers and shall be primarily responsible for any damage caused to the vehicle whatsoever.
The hirer shall be fully responsible and liable for any damage caused both inside and outside the vehicle by the hirer or a member of his or her party. This includes irrational behaviour resulting in damage to the vehicle or its contents by a third party. The hirer must fully agree to be held liable for the retail cost of any repair as a consequence of any damage caused. The hirer further agrees that the company may at its entire discretion determine the repairer that will fix the damage to the vehicle. In addition, the hirer shall be responsible for payment of a fixed rate, which shall be determined by the company, at its sole discretion for the period during which the vehicle cannot be used as a consequence of said damage and repairs. That notwithstanding, the hirer shall also be responsible for any further losses which are incurred as a result of lost bookings. The hirer holds the company, its agents or employees harmless of any liability for any personal or material damages arising from the conduct of his or her party.
The company, its agents or employees shall not be held liable or responsible for any articles left in the vehicle and the hirer specifically indemnifies the company, its agents or employees from any such responsibility and undertakes to advise all other persons in his or her party.
The consumption of food is not permitted in any of the vehicles unless a specific agreement has been made to the contrary at the time of the booking and agreed in writing. Where complimentary drinks are supplied by “Pull Up VIP”, 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 an “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, bar equipment, TVs, window tint.
The hirer accepts the fact that there is to be a No Smoking policy in the vehicle at all times. This is in accordance with the Bus Accreditation rules and regulations policy. The company does not permit the consumption of illicit drugs whilst in the vehicle. Failure to comply may result in the termination of hire.
Irresponsible behaviour that causes damage to the vehicle or endangers the safety of the other passengers will not be condoned. This includes, but is not restricted to; sitting on the exterior of the vehicle, hanging out of the windows, opening the curtains and making rude or inappropriate gestures to the outside public, shouting abuse, rudeness or intolerance with the chauffeur, arguing with the chauffeur, misuse of the equipment, fixtures or consumables in the vehicle and wilful damage to the interior generally. Also, 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 “Pull Up VIP”, 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 all equipment is provided as a courtesy. In the event that the equipment fitted to the vehicle malfunctions prior to or during the hire, “The Sub-Contractor” accepts no liability whatsoever and no compensation shall be provided, nor will the company provide a refund. In the event that a vehicle is involved in an accident or suffers from mechanical failure, or is no longer safe to drive, then the company shall make alternative arrangements to get the hirer and his or her party to their destination. The company may at its entire discretion determine the method of onward travel and has the right to cease any onward travel if necessary. The hirer specifically accepts that the hire is based on 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, 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” 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 Pull Up VIP 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 signing this agreement both the hirer and the third party body being hired will totally indemnify Pull Up VIP for 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, any cancellations to booking or “no shows” will be charged in full to the credit card supplied at the time of booking
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.
TERMS AND CONDITIONS FOR SUB-CONTRACTOR NO. 5
Your charter booking with the Sub-Contractor is accepted subject to the following terms, and conditions and by confirming your booking you accept these terms and conditions will apply.[Also check your Nightcruiser Tentative Booking email]
1. QUOTATION CONDITIONS
Quotations are valid for 28 days from the date shown on the quotation. All prices quoted are subject to change until your booking is confirmed and accepted. Any such change will be advised upon confirmation of booking.
Please check all details provided in your quotation to ensure that all details are correct. We accept no responsibility for the accuracy of customer provided itineraries.[Also check your Nightcruiser Tentative Booking email]
A quotation is not a booking until it is accepted, and the Sub-Contractor & Nightcruiser does not accept tentative bookings, but Nightcruiser will send you thentives. Please check your tentative booking email.
2. BOOKINGS
Quotation acceptances/bookings must be submitted to Nightcruiser in writing via email or in person to reception.
It is expected that commercial clients will provide a purchase order.
All bookings will be confirmed by Nightcruiser. [Check your tentative booking email]
3. AMENDMENTS
The Sub-Contractor will accept amendments to your booking subject to availability and your acceptance of amended pricing when applicable.
4. TERMS OF PAYMENT
The Sub-Contractor and Nightcruiser standard terms are outlined in oparty in your tentive booking email from Nightcruiser.
• Full payment at least 48 hours, or 2 working days prior to your charter commencement.
And/or payment required within 7 days from date of invoice.
• Credit card details provided prior to departure of
your charter to enable processing of payment for any additional charges, e.g. tolls or customer instructed delays.
• Overnight and Extended Tours:
• The Sub-Contactor will require a predetermined deposit in order to prepay accommodation and venues. No prepayments can me made until a deposit is received.
• 50% of remaining invoice is due 21 days prior.
• Final balance due 7 days after completion of tour.
New Commercial and School clients may apply for alternate (credit) terms; application forms are available on request when booking. Credit applications must be submitted and approved before your charter can proceed. Allow at least two (2) working days for this process.
The Sub-Contractor reserves the right to deny further credit and may charge interest when invoices are not paid within approved credit terms.
Credit clients may be required to pay a deposit to cover any monies the Sub-Contractor must outlay prior to the charter to secure bookings
(accommodation, flights, entrance fees etc) if these items are included in your quotation.
4 (a). CANCELLATIONS
The following fees may be payable if you cancel your charter. [More details in your Nightcruiser tentative booking email]:
• Day Charters:
• Cancellation prior to 5 pm on the working day prior to your charter departure – no fee.
• Cancellation after 5pm on the working day prior to your charter departure – up to 25% of the total value of your booking plus any outlays not recoverable by The Sub-Contractor.
• Cancellation after the bus or coach has departed our depot to commence your charter – up to 50% of the total value of your booking.
• Overnight and Extended Tours:
• Group deposits will not be refunded should a group booking cancel using its own discretion.
• Refunds will only apply should the Local or Federal Government place restrictions on domestic travel in the origin/immediate area of the client and its passengers or similarly to the destination being travelled. Deposits are refundable upon The Sub-Contractor receiving all monies back from prepaid booking/s.
The Sub-Contractor may waive cancellation fees at its discretion.
4 (b). ADDITIONAL CHARGES
The client accepts that additional charges will be payable in relation to any variation to the itinerary, requested by the client during the charter, which results in additional hours or distance compared to the accepted price. The Sub-Contractor will accept these variations subject to operational considerations including driver fatigue and coach availability. The additional charges will be calculated on the working day following the completion of the charter.
We reserve the right to impose additional charges in relation to excessive cleaning costs or repairs required due to wilful damage to the bus or coach by passengers.
Refer to The Sub-Contractor’s Food and Drink Policy.
4 (c). PAYMENTS
Invoices can be paid by. [Instructions in your Nightcruiser toentaive booking email]:
• Direct credit – Nightcruiser will provide bank account details in your emails.
• Cheque – for approved credit clients only; or
• Credit Cards accepted- Visa and Mastercard, a surcharge of 1% will be added to the total value.
• Cash – will only be accepted at one of our offices during business hours. Cash will not be accepted by the driver on the day of the charter.
5. GENERAL CONDITIONS
• The client authorises the driver to act in the best interest of their own safety and the safety of the passengers.
• The client accepts that the driver has a responsibility to perform their duties with all applicable laws and the Sub-Contractor’s policies e.g. fatigue management regulations.
• In order to allow the Sub-Contractor to manage fatigue of driver’s, passengers are required to be waiting at the pickup-point 20 minutes prior to departure time.
• The client accepts that the driver may deny some client requests for itinerary amendments based on the above points.
• The law requires all passengers to wear seat belts (if provided) at all times, during the charter.
The driver will remind passengers of this, but it is the responsibility of each individual passenger, to comply with this law at all times.
• Smoking is not permitted by law on any Sub-Contractor bus or coach.
• Consumption of drinks on board any Sub-Contractor coach or bus is limited to bottled water.
If a client expects their passengers will want to consume other drinks or food during the charter, then the client must seek agreement from the Sub-Contractor :
• The Sub-Contractor Operations may provide approval on the day of departure for consumption of soft drinks in resealable bottles plus light, dry, cold pre-packaged snack foods (excluding gum, ice cream and dairy of any type).
• The client must seek the Sub-Contractor agreement to the consumption of any other type of food or drink at least 48 hours prior to departure. Approval will be subject to additional terms and conditions and payment of a cleaning bond and/or alcohol bond will be required in advance. Refer to the Sub-Contractor Qld Food and Drink Policy.
• Liability – the Sub-Contractor will take all reasonable steps to provide the services outlined in the booking confirmation and does not accept any responsibility for:
• Substitution of a bus or coach for reasons beyond our control.
• Any loss of enjoyment experienced by passengers due to circumstances beyond its control.
• Failure to meet connections due to unexpected delays.
• Any other costs incurred by the client.
• Third party claims associated with the charter.
• Acts of force majeure.
In any case liability will be limited to the total value of the charter booking.
5 (a) PASSENGER BEHAVIOUR
• the driver has the authority to stop the bus or coach and refuse to continue the trip if passenger behaviour impacts his/her ability to drive safely or creates a threat of any kind to him/her or any other passenger. There will be no reduction in fees in these circumstances. The driver may report passenger behaviour to authorities in extreme circumstances.
The driver may also:
• Refuse entry to a bus or coach by a passenger considered to be under the influence of drugs or alcohol.
• Refuse to carry dangerous, flammable or illegal goods.
5 (b) LUGGAGE
The following luggage guidelines apply to all travel:
• Baggage is limited to 1 item per passenger, to a maximum weight of 20kg.
• Small hand luggage is allowed for inside vehicle.
• Any luggage in addition to the above two items, must be declared at the time of booking.
• Suitability of any luggage or items intended to be carried by, or for passengers on or within the vehicle cabin or storage areas is at the driver’s discretion.
The Sub-Contractor has a legal obligation under the Heavy Vehicle National Law, Chain of Responsibility for Load, Mass and Dimension. Should excess undeclared additional luggage or luggage weight cause the vehicle’s GVM to exceed legal limits, then the Sub-Contractor reserves the right to send an alternate vehicle/s at the client’s expense.
By signing the Sub-Contractor charter terms and conditions, the client acknowledges they have read and understood these Terms and Conditions and agree to be bound by them.
Signed:………………..………………………………….
Date:……………………………………………………….
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