Terms & Conditions Melbourne, Victoria
as at 06-17, Updated 08-20, 20-23, 01-24 © Strictly Copyright Worldwide
Show World Corporation Pty. Ltd.
NIGHTCRUISER ® PARTY BUS TOURS MELBOURNE VictoriaTerms and Conditions Agreement:
1. Responsibility and Sub-Contrator [Supplier] 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 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 Deposit and Bond:
Must be paid in advance by the due date requested as stated and or attached in your tentative booking email to protect your date. Payment options are also detailed in your email.
3.1 Demand for services
Due to the demand for our services, be sure to get your deposit to us as soon as possible:
Be aware due to demand on the date and time it is always first come first served as we can not hold the booking until a deposit is received with due dates as per your email. Quick payment details are listed in your email.
4. Refund of Deposit:
We are unable to refund your booking deposit for a cancellation for whatever reason and time. Non refundable.
5. Security Bond:
The Bond 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 or if required to be paid in advance. The bond can be refunded by the chosen Sub-Contractor [Supplier] at the conclusion of the Charter after an inspection by the Driver/Host for any damage and cleanliness. However usually we refund it back to you if cleared by operations and will require your Bank Account details to return it to you. It is your responsibility to ask the driver if he is happy to recommend the refund after inspection.The Sub-Contractor [Supplier] might refund on the spot or as per their terms and conditions after the service back to your bank account. This ensures the rightful person receives the bond.
We, therefore, require your Bank BSB and Account numbers to forward to the chosen Representative [Buyer]. If you have any dispute it can only be solved between 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. Many Sub-Contractors require full payment in advance and this will be stated in your booking email. You many also lose your Bond to the Sub-Contractor if you cancel for wahtever reason.
6.1 Host: Be aware there might be additional charges for a Host if Operations feels it necessary for the tour or transport as we have a duty of care under the Law.
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 th e 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 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 or cancels halp way through the service, for whatever reason, the total charge for the charter is still due and in that case the pre-payment total amount is lost by you.
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 Sub-Contractor 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. All of the agreed itinerary/schedule needs to be maintained:
Times or venues cannot be changed during the agreed tour or transport as venues have accepted bookings for the time booked and may not grant access if late arrival.
19.1 Changes to origial agreed schedule. While we always try and accomodate you with your requested schedule, once you have received our tentative booking schedule and after should you wish to change and update this it is up to the Sub-Contractor to agree.
20. Loss of Bond:
If changes to the schedule made and non-arrival at the booked venue. If 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 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 / Transport Inspectors ask us to move on without allowing disembarkation you agree not to make any claim against Show World Corporation Pty. Ltd. trading as Nightcruiser and it’s Sub-Contractor, as this is out of our control.
22. Free booked VIP entry:
Deals and all other arrangements might be obtained on behalf of you and your guest’s as a complimentary additional service by the Nightcruiser Crew or it’s Sub-Contractor. 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 or our Sub-Contractor. Some Venues require additional entry fees and have strict dress codes and once reached their patron limits can not allow additional patron in by law.
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 and 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 venues 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:
You agree to the tour schedule and detailed arrangements emailed to you and accept that NO ALCOHOL is allowed to be consumed on board or opened alcohol carried by law. This is enforced by police as no charter bus in WA can allow anyone to consume alcohol on board.
Nightcruiser Representatives 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 Sub-Contractor.
No glass of any type, including bottles or drinking 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 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 lost property while waiting 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 Sub-Contractors operate under their 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 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 own Smart Phones, iPhones, iPods or other devices to play their own music at their own risk. Suitable connection cords should also be supplied. Many now have Bluetooth facility.
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 cannot 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 or as per your booking email, payment in advance with a due date.
All payments can be made in advance via:
1.Visa or MasterCard (No Amex) (over the phone 0427 553 340).
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 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 collec from your guests. The bond can at times be used towards payment if authorised by the Operations Manager of the Sub-Contractor, but will not be refunded or cannot be claimed at a later time.
44.Covid-19
It is the responsibility of the Hirer to ensure all government laws, signage displayed, requests by the Driver or Company and all procedures related to Covid-19 are adhered to. The Driver and Company reserve the right to refuse entry or terminate a charter if any passengers are exhibiting symptoms associated with COVID-19 and will not be liable for any costs associated with this.We will require a passenger manifest with each passenger’s full name and contact number prior to your departure in writing.Where we have transported a passenger who becomes infected with Covid-19, the Hirer is responsible for notifying the Company immediately.The above Terms and Conditions still apply, however, our cancellation policy will differ due to COVID-19 related matters.
45. COVID POLICY
Nightcruiser Party Buses and our Sub-Contractors [Suppliers] endeavour to follow the safety guidelines as set by the AU Government for the various COVID-19 Levels.
- If the region where the event is booked is in lockdown level 3 or 4 and we (Nightcruiser Party Buses and the Supplier) cannot provide the event as planned due to the level restrictions, where possible, the event will be postponed to a future date agreeable with all parties. This way we are protecting all the businesses involved and the work that everyone has put into planning your event to date.
- Should you not agree with the rescheduling you then decide to cancel, we will offer a full refund of your bond where our Sub-Contactor [Supplier’s] COVID policy allows but your deposit is non-refundable as stated at the interim in your booking email.
- If the region where the event is booked is in level 1 or 2 – the event can go ahead [unless there are capacity issues due to COVID restrictions], it will go ahead as originally planned. Please refer to our normal cancelation rules. No refunds are given should the number of guests have dropped due to some choosing not to attend due to COVID or their region being in lockdown. Where possible, we can look at postponing your event, however as stated in your booking email your deposit is lost if cancelling.
Postponement Terms
- Pending the Sub-Contractor [Supplier’s] postponement terms which are normally either allowed up to 3 or 6 months from the booked event date, we will reschedule your event for a date that will suit both you and the affected Sub-Contractor [Supplier].
- Please note that if funds have been forwarded to the Sub-Contractor [Supplier] already in terms of a bond, deposit or final payment and for any reason, in the postponement time frame the supplier goes into receivership, Nightcruiser Party Buses is not liable and those funds can’t be claimed back through Show World Corporation Pty. Ltd. trading as Nightcruiser Party Buses.
For your event to go ahead, Nightcruiser Party Buses would have to book another Sub-Contractor [Supplier] and establish a new Booking with new costs stated via a booking email.
- We are happy to postpone the event wherever possible however it could occur an admin fee. This will apply each time you change the date.
46. LIMITED LIABILITY Nightcruiser [Agent]
46.1 If a liquidator, trustee, receiver, administrator, administrative receiver or similar officer is appointed over the Sub-Contactor [Supplier] and if your [Buyer] deposits, bonds, job fees have been been forwarded to the Sub-Contactor [Supplier] you argee not to claim any moneis paid to us. They need to be calimed from the Sub-Contractor [Supplier].
46.2 You [Buyer] agree not to claim any damages against us, caused out of the consequence of the Sub-Contractor’s actions, not providing the services or refunding any funds, agreed not to claim again us [Agent]
46.2 You agree not to claim any damages that might have been caused due any loss of the Sub-Contractors action.
47. FORCE MAJEURE
47.1 The Agent reserves the right to defer the date of delivery or to terminate the Relevant Obligations or alter the Services ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Agent including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 80 Business Days, the Buyer shall be entitled to give notice in writing to the Agent to terminate the Relevant Obligations.
48. CANCELLATIONS DUE TO GOVERNMENT MANDATED SHUTDOWN
In the event of a cancellation due to a government mandated shutdown you can change the date of your tour (provided it’s within 12 months) with the
following condition: Money that we have paid to venues to secure your booking and tasting MAY OR MAY NOT BE RECOVERABLE. This will depend on the venues’ policies and it is beyond our control.
We also cannot guarantee that the venue will be able to accommodate you at a later date.
We do NOT offer refunds in the event of a government mandated shutdown.
TERMS AND CONDITIONS FOR 1st SUB-CONTACTOR IF CHOSEN.
Minimum $200 bond payable to secure the vehicle for your use to Nightcruiser.
Vehicle and booking will not be secured for your tour/service until the bond is received and therefore first come first served due to the demand for Nightcruiser Party Bus Tours.Bond is refundable on the night, providing there is no damage on or to the bus.
Bond is not refundable if the Terms and Conditions below are not adhered to.No glass, including bottles or glasses, on the Bus.
Smoking is not permitted on the bus.
Disruptive, violent or abusive behaviour or sexual abuse of any kind towards the staff or other passengers will not be tolerated.
The Sub-Contractor reserves the right to terminate your travel at any time if this occurs.
We as the party bus hold no responsibility for passengers being refused entry into a licensed premise, due to Intoxication or any other anti-social behaviour, either inside or outside, any establishment.
The Organizer will be held responsible for any damage caused to the bus, either inside or out, and will be liable for all costs exceeding the bond amount to Nightcruiser’s chosen Sub-Contractor.[Check your booking email]
If you are not at the pickup point at the time provided you will forfeit your travel by Nightcruiser’s chosen Sub-Contractor.
(No refund will be given).
If you cancel your booking your bond is not refundable by Nightcruiser or Nightcruiser’s chosen Sub-Contractor.
We Nightcruiser’s chosen Sub-Contractor as the party bus holders are not liable for any person who may injure themselves on and/or outside any of our buses. |
TERMS AND CONDITIONS FOR 2nd SUB-CONTACTOR IF CHOSEN.
By accepting this booking, you agree to the following terms and conditions.
- The hirer accepts that no guarantees can be made concerning times, the reliability of the coach and unforeseen events that are out of the company or drivers control.
- The Sub-Contactor will not be liable if there is a mechanical failure or breakdown. If the coach is in an accident or there is a mechanical failure which deems the coach no longer safe to drive, then the company will endeavour to make alternative arrangements to get the hirer to their destination. The Sub-Contractor will use their discretion to decide how to proceed with the onward travel, or the hirer can arrange their own at their own cost, of which The Sub-Contractor can not be held liable. The hirer accepts that the hire coach is on a best endeavours basis.
- The Hirer accepts full financial liability for any damage that is caused to the coach during the time of hire by themselves or any member of their party.
- Fines will be as follows. Carpet or seat burn will be $200.00 and sanitation $250.00.
- Smoking is NOT allowed inside the vehicle
- Law prohibits drug use in the coach.
- The driver has the full rights to terminate the hire of the coach without a refund if there is blatant indiscretion on the hirer or hirers parties behalf.
- Overtime charges will begin after the scheduled booking time has started. Overtime is calculated in 60 – minute increments and charged $150 per hour to cover staff costs.
- The Sub-Contractor will not be held responsible for delays or the cancelling of bookings if the company deems the roads and weather to be unsafe. E.g: traffic, accidents, storms and so on.)
- The Sub-Contractor will not be held responsible for any items left in the coach. The hirer will need to arrange for collection of articles at their own cost if found.
- If there is a balance of money to be paid to the driver, the funds need to be given on collection, not at the end of the hire.
- The Sub-Contractor will not accept overloading the vehicle with passengers beyond its seating capacity.
The following items will automatically be charged to your credit card, and you will NOT be notified of these charges. The charges will incur a 5% fee.
a. Overtime charges if not paid in cash
b. The balance of the money that is owing if not paid in cash
c. The damage that is caused to the coach by the hirer or the hirer’s party will be repaired at the hirer’s expense.
d. The mess that is unnecessarily left in the coach by the hirer or their guests will incur charges according to the mess left.
e. Due to this additional cleaning and the driver is delayed to getting to his next job, there will be charges for the loss of time.
f. Cancellation of your booking less than a month away will leave you having to pay the full amount of the amount owing.
g. Considerations will only be made if your cancellation request is put in writing and will only be considered cancelled once you have received confirmation from The Sub-Contractor and Nightcruiser.
h. When a booking is made less than a month away, the hirer accepts the full cancellation policy stated above.
i. Changes of times and dates need to be emailed and may incur an added administration fee which will be made at the discretion by The Sub-Contractor.
j. The credit card holder accepts the above terms and conditions in accepting this booking.
k. Replacement of smashed glasses that happened during hirers time in the coach.
In more detail:
14. Responsibility
The Hirer shall be responsible for the proper behaviour of all of the passengers and shall be primarily responsible for any damage caused to the coach howsoever caused. It is an express condition of the Hire that the Hirer accepts this responsibility.
The Hirer shall be entirely responsible and liable for any damage caused both inside and outside the coach by the hirer or a member of his or her party, howsoever caused. This includes incitement or behaviour resulting in damage to the coach or its contents by a third party.
The Hirer holds The Sub-Contractor harmless of any liability for any personal or material damages arising from the conduct of his or her party.
The Sub-Contractor shall not be held liable or responsible for any articles left in the coach and the Hirer indemnifies The Sub-Contractor explicitly from any such responsibility and undertakes to advise all other persons in his or her party.
- General Conduct
The Hirer is responsible for the general conduct and behaviour of his or her party.
The consumption of food is not permitted in any of the coaches unless specific agreement has been made to the contrary at the time of the booking and agreed in writing.
Underage drinking is not permitted.
The Hirer accepts responsibility on behalf of the Hirers party for any losses of the property of The Sub-Contractor that is provided in the limousine coach for the benefit or the pleasure of the passengers. This benefit includes, but is not limited to, glassware, stereo, iphone and the like.
- Safety
The Hirer accepts that The Sub-Contractor adopts a strict NO SMOKING policy in all of its coaches and that any failure to adhere to this policy will result in the immediate termination of this agreement without any refund. Besides, to which, the Hirer shall be held responsible for the cost of a valet and any damage caused as a consequence of the Hirer of his or her party failing to adhere to this agreement.
It is a legal requirement that all passengers wear a seat belt. All of our coaches are fitted with seatbelts up to the maximum number of passengers allowed by law. Therefore, all passengers in the party are required to wear a belt.
The Hirer indemnifies explicitly The Sub-Contractor and the Driver against any fines imposed as a consequence of the passengers failing to comply with this legal requirement.
The Sub-Contractor does not permit that taking of any illegal drugs or partaking of any unlawful activities while in the vehicle, failure to abide by this condition will result in the immediate termination of the hire without compensation.
The Hirer expressly accepts that except in cases of an emergency, only the Driver may open and close doors, this is a safety precaution to minimise the risk of accidents and damage to the coach.
The Sub-Contractor will not be held responsible for accidents caused as a consequence of the Hirer or his or her party failing to adhere to this condition, and the hirer accepts for responsibility for any damage to the coach and or any third party as a result of the Hirer or Hirers party failing to adhere to this condition.
The maximum number of passengers that can legally be carried in the coach is limited to the number of seat belts fitted, the Hirer expressly accepts this legal restriction and agrees that the chauffeur shall be required by the company to refuse to carry more than the statutory maximum.
The hirer further accepts that failure to adhere to this road traffic regulation would likely result in the vehicle and its passengers being uninsured. In addition, the driver and The Sub-Contractor could be fined as a consequence. Therefore there will be no compromises on the safety issue.
Where the Hirer has asked for a child seat to be fitted, it is the responsibility of the Hirer to supply and ensure that the position is correctly installed before placing an infant into the seat. If the Hirer does not consider that the chair provides sufficient protection or that it is not fitted correctly, then the Hirer shall not allow the infant to travel.
Irresponsible behaviour which could give rise to damage to the coach or endanger the safety of the other passengers will not be tolerated in any form. This includes, but is not restricted to; sitting on the exterior of the coach, hanging out of the windows, shouting abuse to other road users or pedestrians out of the window, rudeness or intolerance with the Driver, misuse of the equipment, fixtures or consumable within the coach and wilful damage to the interior generally. Such behaviour may, at the sole discretion of the Driver, The Sub-Contractor or its employees 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 irresponsible behaviour of his or her party.
- Limitation of liability
The Hirer accepts and indemnifies The Sub-Contractor and its employees against any loss, consequential or otherwise as a result, direct or otherwise of a failure to meet time deadlines.
It is entirely the responsibility of the Hirer to ensure that there is adequate time to travel to and from destinations, The Sub-Contractor or its employees will provide advice, but this does not form any part of a contract between the Hirer, the Hirers party or The Sub-Contractor and its Employees.
Furthermore, the Hirer indemnifies The Sub-Contractor against any and all claims as a result, direct or otherwise, consequential or otherwise, of a failure to arrive at the destination at the appropriate time or at all.
The Hirer expressly accepts that in-car entertainment such as television screens, video and DVD equipment is provided as a courtesy and its use and/or availability does not form part of the Hire.
If any equipment fitted to the Coach malfunctions before or during the hire, The Sub-Contractor accepts no liability whatsoever and no compensation shall be given in such instances, nor will The Sub-Contractor accept any claims for any form of a refund.
In the event that a coach is subject to an accident or mechanical failure, or is no longer safe to drive, then The Sub-Contractor shall make alternative arrangements to get the Hirer and his or her party to their destination.
The Sub-Contractor may at its entire discretion determine the method of onward travel. Alternatively, the Hirer or his or her party may make alternative arrangements at their cost, for which no claim can be made against The Sub-Contractor.
The Hirer accepts that the Hire is based on a best endeavours basis and therefore, no specific guarantees can be made concerning time, the reliability of the Coach and events out our of the direct control of the Driver or The Sub-Contractor.
The Sub-Contractor assumes no responsibility nor does it provide any guarantees whatsoever for ensuring that the Hirer arrives at his or her destination on time. It is entirely the responsibility of the Hirer to determine whether the Coach has been hired for a period sufficient to cover eventualities such as, but not limited to, traffic accidents, roadworks and peak traffic periods.
In addition, the Hirer is responsible for ensuring that the Hire commences at a time which allows for such eventualities. The Sub-Contractor will not provide any refunds for such contingencies and any additional time over and above the Booking period shall be charged at the appropriate rate.
Where time is critical, this includes, but is not limited to Weddings; The Sub-Contractor recommends that the Hirer allows sufficient time to ensure that no disruption to the schedule is incurred as a result of unexpected or unavoidable delays.
Where The Sub-Contractor accepts responsibility whether in full or in part for a failure to perform its obligations under the terms of this contract then the extent of any liability shall be limited to the Hire Charge.
The Sub-Contractor reserves the right to change the specification of the coach at any time, provided that where the replacement coach is of a lesser value or specification, an appropriate adjustment is made in favour of the Hirer. The Sub-Contractor undertakes to use its best endeavours to ensure that the Coach booked is the one provided for the hire.
Although The Sub-Contractor rarely does so, The Sub-Contractor reserves the right to sub-contract any Hire to a third party without reference to the Hirer, in such circumstances The Sub-Contractor shall be responsible for payment to the 3rd party of charges relating to the standard Hire. However, in the event that any additional services are provided, which include, but are not limited to, excess mileage, extra hours or damage to the coach then The Sub-Contractor retains all rights to charge the Hirer
- Payments and Deposits
To make a reservation the Hirer shall be required to pay the total booking payment. To receive a full refund you must cancel at least 60 days prior to your booking date. If you have to cancel 30-60 days prior to your date, you may reschedule your date at no extra cost. Alternatively we will provide a partial refund, where 25% of your booking payment is withheld as a cancellation fee. If you have to cancel your booking date within 30 days, fees and conditions for both postponement and cancellations will apply.
That notwithstanding, The Sub-Contractor will consider at its sole discretion, claims for a partial refund where it can be demonstrated that the circumstances could not be seen by the Hirer and provided, in any event, that the cancellation or claim for a partial refund is at least 30 days prior to the date of the confirmed hire.
The Sub-Contractor will not under any circumstances whatsoever, complete a hire where payment has not cleared on the due date, or in any event on the date of the hire. Cash paid must be paid at the commencement of hire and the client needs to sign the trip sheet in the possession of the driver
- Additional charges
Time permitting; the Driver may be willing to collect additional passengers, subject to the maximum that the Coach can carry, at alternative locations. However, any additional mileage or time shall be charged to the Hirer. Whilst the Driver will attempt to accommodate any last minute changes, the final decision will remain with the Driver and the hirer expressly accepts this arrangement.
If the time or location of the hire is changed before the booking or at the time of the reservation, The Sub-Contractor expressly reserves the right to make any additional charges and to set such charges against the hirer’s deposit or credit card. Such costs will consist of an excess mileage charge and where the hire is extended beyond the agreed hire period, an hourly rate for each hour or part thereof. It is the Hirers responsibility to confirm with The Sub-Contractor or the Driver current charges for additional hours and excess mileage. Any failure to do so will not derogate the Hirers responsibility to pay the fees.
Where a Hire extends beyond the period of the Booking for whatever reason including, but not limited to traffic jams, accidents and diversions, the Hirer accepts that this additional time and mileage shall be charged to the Hirers account.
In the event that the Coach has been left in an unreasonable condition by the Hirer or his or her party, then The Sub-Contractor reserves the right to charge for the cost of a valet. Such circumstances that could give rise to this charge include, but are not limited to; spillage of food or drinks and illness. The minimum cost of a valet is $185, but this amount could increase dependant on the consequential damage. The responsibility for reimbursement of such cost is that of the Hirer. An additional charge of 5% is for credit card transactions and administration fees will be charged on any and all charges paid via credit card.
- Other conditions
In the event that the Hirer is a business then The Sub-Contractor shall assume the responsibility of the Hirer and will be bound to advise the party or passengers of the terms and conditions of this Hire.
If any term or condition is found to be invalid for any reason whatsoever this shall not deem this agreement to be invalid and all other terms and conditions shall remain in force.
The Sub-Contractor may at its complete discretion refuse any Hire without explanation or reason.
Changes to cars, times or dates may incur a fee at the discretion of The Sub-Contractor.
Please also note:
All figures quoted on this website are in Australian Dollars and are subject to the terms and conditions above and subject to change without notice.
A third party specialist supplier processes all online payments. This means that we never keep your payment details on our servers and the highest level of security available protects them.
When bookings are made less than a month from the reservation the hirer accepts the responsibility of the No Cancellation Policy and full charges being made to the card.
These terms and conditions should only be accepted by a person of 18 years or older. The credit card holder should also be 18 years and over.
Luxcoach reserves the right to cancel the booking at any time, for any reason and limits its liability to the monies paid if it chooses to do so.
By you accepting this booking will mean you have agreed and approved all of the terms and conditions above and the terms and conditions found on our website. These terms and conditions above should only be accepted by a person 18 years or older.
TERMS AND CONDITIONS FOR 3rd SUB-CONTACTOR IF CHOSEN.
1. Acceptance of Terms:
By booking a charter service, you acknowledge and agree to be bound by the following terms and conditions, forming a contractual agreement between you and The Sub-Contactor.
2. Booking and Payment
Deposit Requirement:
To confirm a booking, The Sub-Contactor requires a non-refundable deposit of $110.00. [Check your Nightcruiser Tentative Booking Email]
This deposit is essential to secure your reservation and is non-refundable.
Final Payment:
The remaining balance must be paid in full no later than 5 working days before the scheduled travel date.
Failure to complete the final payment within the specified time may result in the cancellation of the booking.
3. Amendments and Cancellations
Process for Amendments:
Any changes to your booking are subject to availability and should be communicated promptly.
The Sub-Contactor reserves the right to charge additional fees for changes to your booking.
Amendments to your booking after confirmation are subject to availability.
The Sub-Contactor reserves the right to charge additional fees for any amendments made.
You are required to notify us of any changes within one (1) day of the Booking Confirmation Date.
If a change results in a reduction of service, acceptance must be confirmed in writing before considering any return of amounts due.
Cancellation Fees:
Fees are determined based on the notice period:
Bookings cancelled greater than 5 working days prior to travel: $110.00 booking confirmation fee
Bookings cancelled between 5 working days prior to travel and the day of travel, but not on the day of travel: 50-75% of the booking value.
Bookings cancelled on the day of travel: 100% of the value of the booking.
Cancellations due to circumstances beyond your control (e.g., bus breakdowns, driver cancellations) will be assessed on a case-by-case basis.
4. Extensions:
Requests for trip extensions may be considered under certain circumstances, subject to availability.
Fees for extensions will vary based on the duration and reason for the extension.
5. Other Conditions of Booking:
Smoking, Food, and Alcohol:
Smoking is strictly prohibited on all vehicles.
Restrictions on food and alcohol consumption may apply, depending on the type of service booked.
Vehicle Damage and Cleaning Fees:
Passengers are responsible for any damage caused to the vehicles during the charter.
Excessive cleaning fees may be charged if necessary to return the vehicle to its original condition.
Passenger Behavior:
Passengers are expected to adhere to behavioral standards during the journey.
The driver has the discretion to disembark passengers engaging in disruptive or inappropriate behavior.
Child Safety:
Adherence to mandatory child safety regulations is imperative. The Sub-Contactor ensures compliance by providing necessary safety equipment, such as booster seats, for passengers as required. To guarantee availability, passengers should arrange for booster seats in advance through Nightcruiser & The Sub-Contactor.
6. Accessibility:
The Nightcruiser and The Sub-Contactor is committed to providing information on wheelchair accessibility, assistance available, and any potential limitations. Please contact us in advance to discuss specific requirements.
7. Complaints and Dispute Resolution:
A detailed process is in place for handling passenger complaints and disputes. Please follow the specified procedures outlined in the terms and conditions.
8. Force Majeure:
In the event of unforeseen circumstances (e.g., extreme weather, natural disasters) affecting the charter service, The Sub-Contactor reserves the right to cancel or modify the service.
9. Data Privacy:
The Sub-Contactor complies with the Privacy Act 1988 and is dedicated to safeguarding customer data. Details on data collection, storage, and usage can be found in our Privacy Policy, which is an integral part of these terms and conditions.
10. Discrimination:
The Sub-Contactor upholds a commitment to non-discrimination against passengers based on protected characteristics such as race, gender, or disability.
Customer service contact details, including phone numbers, email addresses, and online contact forms, are provided for your convenience. Reach out to us for any assistance or inquiries.
12. Age Restrictions:
Any restrictions related to unaccompanied minors or specific requirements for child safety equipment are clearly communicated in the terms and conditions.
13. Governing Law and Jurisdiction:
The terms and conditions are governed by [applicable jurisdiction]. Any disputes arising out of or related to these terms will be subject to the exclusive jurisdiction of the courts in [specified location].
14. Entire Agreement:
These terms and conditions constitute the entire agreement between you and The Sub-Contactor, superseding any prior agreements, whether oral or written.
15. Severability:
If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
16. Amendments:
The Sub-Contactor reserves the right to amend these terms and conditions. Any changes will be communicated in advance, and continued use of our services implies acceptance of the revised terms.
TERMS AND CONDITIONS FOR 4th SUB-CONTACTOR IF CHOSEN.
Terms and conditions of Chauffer Driven Limousine Service
By requesting a booking to hire a vehicle you agree that the following terms and conditions shall apply to the booking and the hire, our confirmation of your booking shall bring into effect an agreement on these terms and conditions.
- Definitions
The words in bold below have the meaning opposite them in these terms and conditions:
Booking means a reservation for chauffer driven limousine service for the Hire fee, on the Hire date and time and for the Hire Period agreed between you and us.
Hire Date means the date on which we agree to provide you with a chauffeur driven limousine service.
Hire Fee means the amount you agree to pay us for providing you with a chauffeur driven limousine service. The Hire Fee may be a fixed sum, hourly rate or combination of a fixed sum and hourly rate.
Hire Period means the period during which we provide you with a chauffeur driven limousine service but, in any case, not less than one (1) hour.
Vehicle means the vehicle nominated by us for the purpose of providing the chauffer driven limousine service.
We, us means [name of operator]
You mean the person or entity requesting the booking and where the context requires each of your guests.
- Agreement
We agree to use our best endeavours to provide you and/or your guests a chauffeur driven limousine service in our vehicle for the duration of the agreed hire period from an agreed collection point to your nominated destination.
- Booking requests and confirmation
3.1 You may request a booking in writing, by email, completing a form on our website, orally in person or by telephone.
3.2 We may confirm your booking in writing, by email, orally in person or by telephone.
- Payments
4.1 The hire fee is payable as follows:
(a) a 30% deposit is payable within twenty four (24) hours of us confirming the booking with you, and
(b) the balance of the hire fee is payable not later than seven (7) days before the hire date unless we agree that you may pay the balance in cash on the Hire Date prior to commencement of the Hire Period.
(c) Any additional charges payable including overtime hourly hire fee charges or other fees payable under this agreement must be paid in cash to the chauffer immediately after the end of the chauffer driven limousine service
4.2 We will add a surcharge of 1% of the hire fee to the hire fee for credit card payments.
4.3 Upon confirmation of the booking you must provide us with a copy of your driver license and a valid credit card number which you authorise us to debit for any fees payable by you in connection with the hire in accordance with these terms and conditions.
- Cancellations and refunds
5.1 The deposit will not be refundable for cancellations made after three (3) days of the invoice received.
5.2 In the case of cancellations later than three (3) days from the invoice date you forfeit the deposit.
5.3 In the case of cancellation within six (6) weeks of the hire date the hire fee is payable in full.
5.4 If you are not present at the agreed collection point for the commencement of the hire period you will be deemed to have cancelled the booking and clause 5.3 shall apply.
- Your agreement
6.1 You are eighteen (18) years of age or older.
6.2 You have ensured that each of your guests are familiar with and agree to abide by the terms of this agreement.
6.3 You are responsible for your conduct and the conduct of your guests during and immediately before and after the hire period.
6.4 You agree to pay us for the costs of repairing any deliberate or malicious damage to our vehicle during the hire period, our reasonable administrative charges incurred in attending to the repairs and any lost revenue when our vehicle is unable to be used to provide limousine services to other customers. For the avoidance of doubt this term shall apply to damage caused by you, your guests or any third party whose conduct is incited by you or your guests.
6.5 You agree to pay us $300 if you or any of your guests soil, stain or pollute our vehicle by vomiting, spillage of food or beverages or in any other way.
6.6 You agree to pay for the replacement any of the following items should they be damaged, lost or removed from the vehicle during the hire period at the rates set out:
(a) Glasses $10 each
(b) Television remote controls $120 each
(c) Alcoholic beverages $20 per bottle
6.7 You and your guests MUST wear seat belts at all times. You agree to indemnify us for any fines, costs or damages incurred should you or your guests fail to wear a properly fasten seat belt when travelling in the vehicle.
6.8 You and your guests must NOT
(a) open or close the vehicle’s doors, except in the case of an emergency
(b) consume food in the vehicle without our prior written approval.
(c) consume red wine in the vehicle.
(d) consume any beverages supplied by us excessively, irresponsibly or outside the vehicle.
(e) permit any person under the age of 18 years to drink any alcohol whilst in the vehicle.
(f) smoke or consume any illegal or illicit substances in the vehicle.
- Our rights
7.1 We reserve the right to select the route travelled during the hire period notwithstanding that the route may not be the shortest or quickest route and may result in delays and an increased hire fee being payable by you.
7.2 Due to their length our vehicles are limited access vehicles and we reserve the right to refuse to drive you to any location or by any route that may, in our opinion, put the vehicle, you or our guests at risk of damage or injury.
7.3 We reserve the right to refuse to commence or end the chauffer driven limousine service if you or any of your guests breach this agreement or are behaving in such a way that we deem, in our sole discretion, unsatisfactory or places the safety of our passengers or our vehicle at risk of harm or damage. If we end the chauffer driven limousine service, we may refund the hire fee although we are not obliged to do so. We will not refund the hire fee if we have commenced the chauffer driven limousine service.
7.4 You may request that we transport your luggage in our vehicle however as luggage space is limited, we may refuse to carry your luggage at our discretion. We may arrange, at your cost, an additional or alternative vehicle to transport your luggage if we decide it necessary in the circumstances.
- Our liability
8.1 Our maximum liability arising out of or under this agreement is the amount of the hire fee.
8.2 Our liability for any breach of this agreement, under any applicable statute, in tort (including negligence) and for any direct or consequential loss is excluded to the fullest extent permitted by law.
8.3 We will not be responsible for the loss of your personal property brought in to our vehicle either during the hire period or left in the vehicle after the hire period.
8.4 In the event of a traffic accident, mechanical breakdown, or circumstances beyond our control, including inclement weather or road closures, as a result of which we are unable to provide the chauffer driven limousine service, we will use our best endeavours to transport you and your guests to your destination. The mode of travel will be at our sole discretion.
- Termination and Variation
9.1 We may terminate this agreement at our discretion at any time not later than fourteen (14) days prior to the Hire Date and if we terminate the agreement we must refund the hire fee to you and we shall have no further liability under this agreement.
9.2 We may vary these terms and conditions at any time prior to confirmation of a booking and after confirmation of a booking by giving you at least fourteen (14) days’ notice of the variation in writing.
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