TERMS AND CONDITIONS FOR NIGHTCRUISER – BALLARAT – VICTORIA ©Below the Nightcruiser Party Bus Booking Crew – Ballarat, Victoria [Agent] has put up the terms and conditions that you [Buyer] will need to agree with when accepting a booking. |
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Terms & Conditions Ballarat, Victoria as at 06-17 Updated 04-21, 02-22 © Strictly Copyright Worldwide Show World Corporation Pty. Ltd. 1. Responsibility and Representative 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. 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 bond to Show World Corporation Pty. Ltd. trading as “Nightcruiser” for and on behalf of any Nightcruiser’s chosen Sub-Contractor carrying out the services. You agree, accept and understand that Nightcruiser will allocate a suitable chosen Sub-Contractor 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. 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.All booking confirmation and agreed schedules are sent out and it is up to you to check and make sure you have received them and agree with the content.If you can not locate them it is best to always check your spam folder first before making immediate contact with us so you will not miss out on your service. 3. Booking Bond: Must be paid in advance by the due date requested as stated and or attached in our email to protect your date. 4. Refund of Bond: We are unable to refund your booking deposit for cancellation for whatever reason and time. 5. Security Bond: The booking deposit and or Bond also automatically becomes your damage bond, once paid. It can not be used towards the fee due for the service at the point of pick-up. The bond can be refunded by the chosen Sub-Contractor at the conclusion of the Charter after an inspection by the Cruiser Captain for any damage and cleanliness. It is your responsibility to ask the driver if he is happy to recommend the refund after inspection. The Representative 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. 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 between the Representative/ 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. Many Sub-Contractors require full payment in advance and this will be stated in your booking. 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 / Sub – Contractor 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 and your booking confirmation, 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. 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. 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 of 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 service to Nightcruiser’s format and 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 are made and non-arrival at the booked venue. Venues are booked for and on your behalf as an additional courtesy service by the Nightcruiser Crew. Venues hold the time slot free so we don’t get turned away at arrival. You must agree to maintain 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 a 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 Show World Corporation Pty. Ltd. trading as Nightcruiser Party Tours. Some Venues require additional entry fees and have strict dress codes and once reached their patron limits cannot allow additional patrons 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 Nightcruiser or it’s Sub-Contractor, as it is not within our powers to demand deals or entry. It is up to the client to check with the venue in advance for any change. 25. Time loss: Or any personal expenses, entry fees incurred as a result of delays, alteration or curtailment of any charter, whether caused by mechanical defects, flooding, civil commotion, riots, terrorism, driver mistakes or any other cause, are the responsibility of the Charterer. We always try our hardest to maintain all schedules and understand the importance. If additional expense is incurred for taxis or other transport you agree not to make a claim against us. 26. Sensible Alcohol Consumption: Alcohol is permitted onboard on a 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. However, this might differ in some areas and therefore check your tentative booking emails for the instructions. Food is STRICTLY not permitted onboard. Nightcruiser’s Sub-Contractors and or “Nightcruiser” encourages sensible alcohol consumption on licensed premises and therefore if any passengers are deemed too intoxicated or causing a disturbance they can be asked to leave the vehicle/tour and if given the option to travel home by taxi or other means do so at their own expense. 27. Keep inside at all times It is illegal to throw any items out of the window and or have hands, arms, heads or bodies hanging 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 trailers. We take no responsibility for the lost property while waiting for collection. 30.1. Electronic devices disclaimer [iPhone, iPods and other devices]: Nightcruiser and its Representative 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 Representative 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 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. 36.1. 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 ower Sound System: Amplifiers and Speakers are checked prior to departure fromn iPhones, iPods or other devices to play their own music at their own risk. Suitable connection cords should also be supplied.40. Pow 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: 1.Visa or MasterCard (No Amex) (over the phone 0427553340). Weather Conditions cannot be used as a reason to cancel Nightcruiser services42. 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: 2. Pay anybody Bank Transfer. 3. Direct over the counter bank deposits or “Last minute” guests are more than welcome and the Crew will provide you with the different payment options. Electronic transfers carry no charge and must reach us by the due date. Payments made by Credit Card incur a small additional 2.9% Surcharge as to what we are charged.43. Price change and Money due: You can not change the price agreed to prior to the arrival of the service. If you experience fewer passengers turning up it is your responsibility to make up the difference or increase the per head basis you collect. The bond can at times be used towards payment if authorised by the 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.
46. LIMITED LIABILITY Nightcruiser [Agent] 48. CANCELLATIONS DUE TO GOVERNMENT-MANDATED SHUTDOWN ADDITIONAL TERMS AND CONDITIONS FOR SUB-CONTRACTOR No. 1
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ADDITIONAL TERMS AND CONDITIONS FOR SUB-CONTRACTOR NO. 3.
Alcohol:
The consumption of alcohol is permitted on our party buses with restrictions due to designated dry
zones & times which have been put in place and are enforced by the Victorian Police and Liquor
Licencing Authority. Persons excessively intoxicated may be refused entry on board the bus without
a refund. Distorted Party Bus and staff will not supply or purchase alcohol on behalf of any person.
Consumption of alcohol by persons under the age of 18 years is strictly prohibited.
Beverages:
Safety Regulations PROHIBIT GLASS containers on board Distorted Party Bus. It is the organizer’s
responsibility to ensure all guests are aware of this.
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 Distorted Party Bus
Repairs to Vehicle:
Any repairs that are required will be appropriately quoted by a qualified repairer.
Cleaning Fee:
Any additional cleaning fees due to inappropriate or irrational behaviour will be charged at a flat rate
of $300. (This includes carpet steam clean and wash down inside vehicle.)
Payment Details:
50% deposit of total cost is due upon booking confirmation. The balance is due on the day of hire, or
prior to hire, unless pre-arranged with management.
Cash or banks deposit is accepted.
The Responsibility of the Hirer:
The hirer [Buyer] shall be responsible for the behaviour of all passengers and shall be primarily responsible
for any damage caused to the vehicle whatsoever.
The hirer shall be fully responsible and liable for any damage caused both inside and outside the vehicle
by the hirer or a member of his or her party. This includes irrational behaviour resulting in damage to
the vehicle or its contents by a third party. The hirer must fully agree to be held liable for the retail cost
of any repair as a consequence of any damage caused. The hirer further agrees that the company
may at its entire discretion determine the repairer that will fix the damage to the vehicle.
In addition, the hirer shall be responsible for payment of a fixed rate, which shall be determined by the
company, at its sole discretion for the period during which the vehicle cannot be used as a
consequence of said damage and repairs. That notwithstanding, the hirer shall also be responsible for
any further losses which are incurred as a result of lost bookings.
The hirer holds the company, its agents or employees harmless of any liability for any personal or
material damages arising from the conduct of his or her party.
The company, its agents or employees shall not be held liable or responsible for any articles left in the
vehicle and the hirer specifically indemnifies the company, its agents or employees from any such
responsibility and undertakes to advise all other persons in his or her party.
The consumption of food is not permitted in any of the vehicles unless specific agreement has been
made to the contrary at the time of the booking and agreed in writing.
As stated below, Distorted Party Bus can and will recover any money for loss of property that is
provided in the Bus . This includes, but is not limited to; cushions, curtains carpet, windows.
The hirer accepts the fact that there is to be a no smoking policy in the vehicle at all times. This is in
accordance with the Bus Accreditation rules and regulations policy.
The company does not permit the consumption of illicit drugs whilst in the vehicle. Failure to comply
may result in the termination of hire.
Irresponsible behaviour that causes damage to the vehicle or endangers the safety of the other
passengers will not be condoned. This includes but is not restricted to; sitting on the exterior of the
vehicle, hanging out of the windows, shouting abuse, rudeness or intolerance with the chauffeur,
arguing with the chauffeur, misuse of the equipment, fixtures or consumables in the vehicle and wilful
damage to the interior generally.
Also, opening of the emergency hatch is forbidden. This is for emergencies only, and fines will apply if
not adhered to. Such behaviour may, at the discretion of the driver, and Distorted Party Bus, will result
in the immediate termination of the hire without compensation. In addition, the hirer shall be held
liable and responsible for any loss, howsoever caused, by the behaviour of his or her party.
The hirer accepts that the DVD and CD equipment is provided as a courtesy. In the event that the
equipment fitted to the vehicle malfunctions prior to or during the hire, Distorted Party Bus accepts no
liability whatsoever and no compensation shall be provided, nor will the company provide a refund.
In the event that a vehicle is involved in an accident or suffers from mechanical failure, or is no longer
safe to drive, then the company shall make alternative arrangements to get the hirer and his or her to
their destination. The company may at its entire discretion determine the method of onward travel.
The hirer specifically accepts that the hire is based on the best endeavour of the Sub-Contractor Party Bus,
and we will do anything in our power to assist where appropriate. There can be no specific
guarantees in terms of time, reliability of the vehicle and events that are out of the direct control of the
driver or the company.
Pandemics, Epidemic or Natural Disasters:
COVID – 19 CONDITIONS:
While onboard, passengers need to ensure they are social distancing from each other. All
passengers must supply contact details before getting on board for contact tracing purposes. And
face masks are always to be worn unless an exception applies.
If Government restrictions require making alterations to your booking or cancellation, Distorted Party
The bus holds no responsibility for these changes or loss of any payments associated to your booking
made to a third-party company or association. Payments received by Distorted Party Bus towards
your booking will not be refunded, a credit note will be issued, valid for 12 months.
Please be aware that any photos taken aboard our tours may be used for advertising or security
purposes.
Refund Policy:
To make a reservation the hirer is required to pay a deposit of 50% of the hire charge unless there
has been a prior arrangement made with management which will be shown in your tentative booking email.
The hirer may cancel their booking within 3 days of payment of the deposit and receive their deposit
back in full.
If the hirer cancels their booking after 3 days of booking, their deposit will not be refunded.
If the hirer cancels their booking within 21 days prior to the date, the full hire amount is to be paid by
the hirer.
If the hirer books within 14 days of the booking date, then cancels, the hirer will forfeit the deposit in
full.
If the hirer has paid in full and has to cancel for the date required, they accept that no refund will be
given, however, the hirer can change the date up to one week prior to another date subject to
availability
By hiring the bus you accept all terms and conditions of the Distorted Party Bus and have read and
understand these terms and conditions.
$250 will be given to the company as a deposit for the hire but will be returned in full if there is no
damages or cleaning fees.
Definitions of words outlined above:
These Terms and conditions apply to the person/people hiring the vehicle unless otherwise stated.
The Hire date is the date that the booking is made for.
The Hiring person is the person responsible for the payment of the hire.
The Hire time is the amount of time that the vehicle is hired or reserved for.
The Driver is the driver of the vehicle.
The Vehicle is the Sub-Contractor Party Bus.
The Booking is the period for which the hirer has committed to the hire and the full amount of the hire
for that date has been paid