Terms and Conditions Townsville

2. Communication:
Email communication between our offices and clients are deemed and treated the same as a signed legal contract.

3.   Booking Deposit:
Must be paid in advance by the due date requested as stated in your tentative booking emails to protect your date.
Payment options are also detailed and shown in your tentative booking email correspondence.

4.   Refund of Deposit:
We are unable to refund your booking deposit for a cancellation for whatever reason and time frame.

5.  Security Bond:
Some bookings/services require a security bond as shown in your tentative booking email. However if any damage was done by you or your Guests during the service, the driver will request cash compensation during or after the service or could incur deduction from your bond or you will be asked to pay direct to the Sub-Contractor.

6.  Deposit:
Your deposit [as outlined in your tentative booking email] comes off your total service fee which is due as shown in the email to confirm your booking. Due date shown in your tentative booking email. The despoist can not be refunded so check your emails throughly before confirming.

7.   Damage Inspection prior to Departure:
We suggest that when you initially board and pay your total service 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 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 Service:
As per the agreement and stated in your emails, is due prior to service, unless stated differently. See also 6.

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. Driver don’t carry change and have no Credit Card facitlities onboard.

11.  Cancellation:
If a cancellation is requested we are unable to refund the deposit for whatever reason given.Cancellation fee vary and your Nightcruiser Booking Crew will explain as it varies for differnet Sub-Contractors.

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.  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 Sub-Contactor 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 Sub-contractors 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.  The agreed itinerary/schedule needs to be maintained:
Scheduled times or venue bookings 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.   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 Nightcruiser, its Sub-Contractors and or Show World Corporation Pty. Ltd. trading as Nightcruiser, as this is out of our control.

21.   Time loss:
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.

22.   Bus/Vehicle Groups or Charters:
BYO is permitted on the vehicle and at the discretion of the Sub-Contractor.
No glass, including bottles or glasses, on the Bus.

23.   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+

24.   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 for collection.

24A. Electronic devices disclaimer [iPhone, iPods and other devices]:
Nightcruiser and its Sub-Contractors encourage 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 Driver/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 bought along by Charterers.

25.  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.

26.   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.

27.   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.

28.   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.

29.   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.

30.   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.

30A. Transport regulations:
Replacement only by licensed tradesmen.

31.   Fire Extinguisher and First Aid Kits:
If abused by passengers they will need to be replaced and charged to Client.

32.   Venue Dress Standards and behaviour rules:
It is the individuals’ responsibility to make sure they adhere to venues dress codes and behaviour rules.

33.   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.

34.   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.

35.  Weather:
Weather Conditions cannot be used as a reason to cancel Nightcruiser services

36.  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 0427 553340).
2. Pay via OSKO or anybody Bank Transfer.
3. Direct over the counter bank deposit or
“Last minute” guests are more than welcome and the Crew will provide you 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 is costs us.

37.  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 the Operations Manager, but will not be refunded or cannot be claimed at a later time.

38. 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.

39. 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

40. LIMITED LIABILITY Nightcruiser [Agent]
40.1 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].
40.2 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]
40.3 You agree not to claim any damages that might have been caused due any loss of the Sub-Contractors action.

41. FORCE MAJEURE
41.1 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.