Terms and Conditions Melbourne

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 Party Bus reserves the right to terminate your travel at any time if this occurs.

We as the party bus hold no responsibility for passengers being refused entry into a licensed premise, due to Intoxication or any other anti-social behaviour, either inside or outside, any establishment.

The Organizer will be held responsible for any damage caused to the bus, either inside or out, and will be liable for all costs exceeding the bond amount to Nightcruiser’s chosen Sub-Contractor.

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.

10.4 If You book the Event within fourteen (14) days of the Event commencing, subject to any direction to the contrary, no Deposit is payable and You must pay the Amount Due for the Event immediately.

10.5 The Deposit is non-refundable.

10.6 The Balance must be paid in cleared funds (without deduction) no later than seven ( 7) Business Day prior to the commencement of the Event or as otherwise directed.

10.7 Nightcruiser’s chosen Sub-Contractor may cancel the Event if You fail to satisfy either clauses 10.3 or 10.6 and, for the avoidance of doubt, Nightcruiser’s chosen Sub-Contractor may retain the Deposit if it cancels the Event pursuant to this clause 10.7.

10.8 You forfeit the Price payable for each No-show. You and each No-show waives your respective rights against Nightcruiser’s chosen Sub-Contractor connected with the said amount and otherwise in respect of the Event insofar as it relates to the No-show. If any part of the said Price has not been paid, You agree to pay that amount to Show World Corporation Pty. Ltd trading as Nightcruiser Party Bus Tours.

10.9 You agree to pay to Show World Corporation Pty. Ltd trading as Nightcruiser Party Bus Tours the Price for any Additional Passenger prior to the Event commencing.

10.10 You agree to pay interest at a rate of 2% greater than the prevailing Commonwealth Bank overdraft rate on all amounts outstanding, payable from the date on which the amount is payable and concluding on the date the amount is received by Show World Corporation Pty. Ltd trading as Nightcruiser Party Bus Tours in cleared funds (without deduction or set off).

11 Bond and damage

11.1 At Show World Corporation Pty. Ltd trading as Nightcruiser Party Bus Tours’ option, You agree to pay a bond of an amount determined by Nightcruiser (Bond).

11.2 Subject to any direction to the contrary, the Bond must be paid in cleared funds (without deduction) when paying the Balance.

11.3 If Show World Corporation Pty. Ltd trading as Nightcruiser Party Bus Tour does not receive payment of the Bond in accordance with clause 11.2, the Event is cancelled and, for the avoidance of doubt, Show World Corporation Pty. Ltd trading as Nightcruiser Party Bus Tour will retain the Deposit.

11.4 Nightcruiser’s chosen Sub-Contractor agrees to repay the Bond to You within five (5) Business Days of the conclusion of the Event, less any amount that Nightcruiser’s chosen Sub-Contractor reasonably considers necessary to:
(a) pay the costs of repairing any damage to the Vehicle (the repairs being effected in accordance with clause 11.6) or any other property damage caused (whether directly or indirectly) by a Passenger (Vehicle Damage); and
(b) to otherwise compensate Nightcruiser’s chosen Sub-Contractor for the following:
(i) any Losses incurred or that may be incurred in respect of that Vehicle Damage; or
(ii) any other act or omission of that or any other Passenger, including any Losses incurred or likely to  be incurred as a result of the behaviour of the Passenger on the reputation of Nightcruiser’s chosen Sub-Contractor or any relationship Nightcruiser’s chosen Sub-Contractor has or may have with any other person (including any public house, bar, club or any other facility) .

11.5 If the Bond is insufficient to pay the Reparation Costs, You agree to pay to Nightcruiser’s chosen Sub-Contractor the difference between Reparation Costs and the Bond. This amount must be paid within five (5) Business Days of the date of any demand in writing.

11.6 Vehicle Damage must be repaired or rectified to Nightcruiser’s chosen Sub-Contractor’s reasonable satisfaction.

12 Event cancellation Cancellation by Dreamscape Tours

12.1 Nightcruiser’s chosen Sub-Contractor may cancel the Event at any time.

12.2 Without limiting the generality of clause 12.1, the Event may be cancelled after the Event commences for any reason whatsoever.

12.3 If Nightcruiser’s chosen Sub-Contractor cancels the Event pursuant to clause 12.1, it agrees to repay to You the Amount You Paid.

12.4 If the Event is cancelled (whether in whole or part) due to the cancellation or postponement of, or change in, an Independent Component of the Event, Nightcruiser’s chosen Sub-Contractor agrees to repay to You the Amount You Paid, less a sum equivalent to the Losses Nightcruiser’s chosen Sub-Contractor incurs or is likely to incur as a result of the cancellation or postponement of, or change in, the Independent Component of the Event.

12.5 Save for Your rights under clauses 12.3 and 12.4, You waive Your rights against Nightcruiser’s chosen Sub-Contractor in respect of any Loss You incur or are likely to incur as a result of or otherwise connected with the cancellation of the Event. Cancellation by You

12.6 You may cancel the Event at any time by notice in writing to Show World Corporation Pty. Ltd trading as Nightcruiser Party Bus Tours. .

12.7 You forfeit the Deposit if You cancel the Event.

12.8 Without prejudice to Nightcruiser’s chosen Sub-Contractor’s rights under clause 12.7, You agree to pay to Show World Corporation Pty. Ltd trading as Nightcruiser Party Bus Tours an amount equivalent to the Losses incurred or likely to be incurred by Nightcruiser’s chosen Sub-Contractor as a result of or otherwise connected with the cancellation of the Event, including fees charged by the supplier of any Independent Component of the Event (Cancellation Costs).

12.9 Nightcruiser’s chosen Sub-Contractor agrees to use its reasonable endeavours to minimise the Cancellation Costs.

12.10 If You cancel the Event on the day on which the Event is scheduled to take place, You agree to pay a Cancellation Charge.

12.11 If the Cancellation Charge payable under clause 12.10 or under any other provision in these Terms and Conditions is less than the Cancellation Costs, You agree to pay to Show World Corporation Pty. Ltd trading as Nightcruiser Party Bus Tours on demand an amount equivalent to the difference between Cancellation Costs and the Cancellation Charge (Make Up Payment).

12.12 Any Cancellation Charge or Make Up Payment may be set off against the Amount You Paid on or before the date of cancellation. If the Amount You Paid on or before the date of cancellation is less than the Cancellation Charge or Make Up Payment (as the case may be), You agree to pay the difference to Show World Corporation Pty. Ltd trading as Nightcruiser Party Bus Tours on cancellation.

13 Warranty and indemnity

13.1 Nothing in these Terms and Conditions purports to exclude, restrict or modify, or have the effect of excluding, restricting or modifying, any condition or warranty implied by or otherwise having effect pursuant to legislation (including the Trade Practices Act and any State or Territory legislation concerning consumer protection, fair trading or the sale of goods or services) (Implied Term), where to do so would have the effect of rendering the relevant provision in these Terms and Conditions void or otherwise unenforceable.

13.2 Subject to clause 13.1: (a) all Implied Terms and any other conditions or warranties otherwise implied by law are excluded from these Terms and Conditions; and (b) Dreamscape Tours’ liability for a breach of any Implied Term is limited to the full extent permitted by law.

13.3 You acknowledge that it is fair and reasonable for Nightcruiser’s chosen Sub-Contractor to rely on the limitation of liability afforded to it by clause 13.2.

13.4 You warrant that each Passenger is in reasonably good health and otherwise fit to participate in the Event.

13.5 You indemnify Nightcruiser’s chosen Sub-Contractor and agree to hold Nightcruiser’s chosen Sub-Contractor harmless in respect of any Losses it incurs or may incur as a result of or otherwise connected with a breach of the warranty in clause 13.4.

14 Limitation of liability

14.1 Each party’s liability under these Terms and Conditions in respect of Losses incurred by any other party (including any Passenger) excludes and is limited to the extent that person contributes in whole or in part to the Loss.

14.2 You agree that, save to the extent provided to the contrary in these Terms and Conditions, Nightcruiser’s chosen Sub-Contractor has no liability to You in respect of any Claim for or involving a Loss incurred or likely to be incurred by You as a result (whether directly or indirectly and whether in whole or in part) of or otherwise connected with the Event. This includes any Claim concerning the loss of any personal property of any Passenger.

14.3 Without prejudice to clause 14.2 and as a separate and independent provision, You agree that, save to the extent provided to the contrary in these Terms and Conditions, Nightcruiser’s chosen Sub-Contractor has no liability to You in respect of any Claim for or involving a Loss incurred or likely to be incurred by You as a result (whether directly or indirectly and whether in whole or in part) of or otherwise connected with the negligence of Nightcruiser’s chosen Sub-Contractor.

14.4 To the extent necessary to give effect to clause 14.2 and 14.3, You waive any right You have or may have to make or pursue any Claim against Nightcruiser’s chosen Sub-Contractor and otherwise You release Nightcruiser’s chosen Sub-Contractor in respect of that Loss and/or Claim.

14.5 The limitation of liability in this clause 14 does not apply to any Losses incurred directly as a result of:
(a) Nightcruiser’s chosen Sub-Contractor wilful misconduct or gross negligence;
(b) the death of any person; or
(c) a breach of these Terms and Conditions by Nightcruiser’s chosen Sub-Contractor, limited to the Price payable by the affected Passenger.

14.6 Notwithstanding anything to the contrary in these Terms and Conditions, You acknowledge that Nightcruiser’s chosen Sub-Contractor is not responsible for any Independent Component of the Event and is not liable for any Losses You incur or may incur in respect of an Independent Component of the Event, and You waive any rights You have or may have against Nightcruiser’s chosen Sub-Contractor in respect thereof.

14.7 Where one Passenger engages in any conduct against or in respect of any other Passenger (Affected Passenger), including any sexual harassment or other misconduct, You and the Affected Passenger waive any rights against Dreamscape Tours for any Claim concerning or involving the said conduct.

14.8 If any Passenger is excluded from the Event or if the Event is cancelled, each affected Passenger waives his or her rights against Nightcruiser’s chosen Sub-Contractor connected with the exclusion from the Event or the cancellation of the Event (as the case may be), including the loss of enjoyment of the Event and the loss of any sum as a result of the exclusion or cancellation.

15 Miscellaneous Notice

15.1 Any notice provided under these Terms and Conditions must be sent or delivered to the receiving party at the address set out in the Booking Form.

15.2 All notices referred to in these Terms and Conditions are deemed to have been duly given or made: (a) two (2) Business Days after being deposited in the mail with postage pre -paid; (not possible) (b) if delivered by facsimile, when the activity report confirms successful transmission; and (not possible) (c) if delivered by email, at the time the email is sent, provided the party providing the notice receives on its computer a receipt of the email having been received by the recipient. (not possible) Severance

15.3 If any provision of these Terms and Conditions is to any extent invalid, illegal or unenforceable, that portion of the provision causing the provision to be invalid, illegal or unenforceable is severed and the validity, legality, and enforceability of the remaining provision (and any application of the said provisions) will not in any way be affected or impaired. Waiver

15.4 No failure or delay on the part of any of the parties relating to the exercise of a right, power, privilege or remedy provided under these Terms and Conditions operates as a waiver of that right, power, privilege or remedy or as a waiver of any preceding or succeeding breach by the other party (for this purpose only, all Passengers are characterised as a single party).

15.5 No single or partial exercise of any right, power, privilege or remedy preclude s any other or further exercise of that or any other right, power, privilege or remedy provided in these Terms and Conditions, all of which are several and cumulative and are not exclusive of each other or of any other rights or remedies otherwise available to a party, at law or in equity. Governing law

15.6 This Deed is governed by the laws of the State of Victoria, Australia. Jurisdiction

15.7 Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of the Victoria, Australia for all matters, issues or disputes arising out of or otherwise connected with these Terms and Conditions or the Event.

16 Definitions & Interpretation Definitions

16.1 In these Terms and Conditions, unless the context requires another meaning:

Additional Passenger means any person seeking to attend the Event in addition to the Estimated Passenger Numbers, which, for the avoidance of doubt, does not include a person who was not expected by You to attend the Event on the date on which You booked the Event, where the number of Passengers attending the Event is less than the Estimated Passenger Numbers;

Affected Obligation has the meaning ascribed to that term in clause Error! Reference source not found.;

Amount Due for the Event means the Price multiplied by the Estimated Passenger Numbers;

Amount You Paid means the amount You had paid in respect of the Event up to and including the date of cancellation;

Balance means Amount Due for the Event less the Deposit (if any);

Booking Form means the form used to book the Event and any brochure, website or other information memorandum that contains information of the Event as at the date the Event is booked;

Business Day means any day that is not a Saturday, Sunday or a public holiday or bank holiday in the capital city of the State in which the Event takes place or predominantly takes place;

Cancellation Charge means 75% of the Amount Due for the Event;

Cancellation Costs has the meaning ascribed to that term in clause 12.8;

Claim means any claim, allegation, suit, action, demand, cause of action or proceeding (including any prosecution by any statutory authority, in which the authority seeks a pecuniary penalty), irrespective of:    (i) when it arises;
(ii) whether or not it is actual or contingent; or
(iii) whether or not it is at law (including under contract or tort, which includes negligence), in equity or under statute;

Consumption Period means the period beginning five (5) hours prior to the commencement of the Event and ending on the conclusion of the Event;

Deposit has the meaning ascribed to that term in clause 10.3;

Nightcruiser’s chosen Sub-Contractor means Show World Corporation Pty. Ltd trading as Nightcruiser Party Bus Tours ABN 121 836 066;

Estimated Passenger Numbers means the number of Passengers You estimate will attend the Event at the date You book the Event;

Event means the tour, charter or activity offered by Nightcruiser’s chosen Sub-Contractor , as described in the Booking Form;

Event Viability means the number of Passengers under which an Event is not commercially viable for Nightcruiser’s chosen Sub-Contractor, that number being 35 or such other number of Passengers, either noted on the Booking Form or otherwise notified to You;

Independent Component of the Event means a component, leg or element of an Event operated by a third party or any other service that forms part of or is otherwise delivered in connection with an Event that is provided by a third party;

Lossmeans any damage, debt, loss, foregone profit, penalty, fine, expense, liability or costs (whether incurred or contingent);

No-show means each Passenger fewer than the Estimated Passenger Numbers;

Passenger means each person who attends the Event (including each Additional Passenger), which will include You, if You attend the Event;

Price means the price for a Passenger to attend the Event, as set out in the Booking Form;

Reparation Costs means the costs referred to in clause 11.4;

Terms and Conditions means this document;

Vehicle means the coach, boat or other conveyance used to provide transport for, or otherwise in connection with, the Event; and You means the person who books the Event, being the person who completes the Booking Form or the person who otherwise accepts responsibility for paying the Price, and each Passenger, where that is consistent with the context.

16.2 In these Terms and Conditions, unless the context requires another meaning, a reference:
(a) to the singular includes the plural, and vice versa;
(b) to a gender includes all genders;
(c) to a document (including these Terms and Conditions) is a reference to that document (including any Schedules and Annexure), as amended, consolidated, supplemented, novated or replaced;
(d) to an agreement includes any undertaking, representation, deed, agreement or legally enforceable arrangement or understanding, whether written, oral or implied;
(e) to a party means a party to these Terms and Conditions;
(f) to a person (including a party) includes:
(i) an individual, company, other body corporate, association, partnership, firm, joint venture, trust or Government agency; and
(ii) the person’s successors, permitted assigns, substitutes, executors and administrators;

(g) a group of persons or things (including a reference to the “Passengers”) is a reference to any two or more of them jointly and to each of them individually ;
(h) to a clause is to a clause of these Terms and Conditions;
(i) to a notice means a notice, approval, demand, request, nomination or other communication given by one party to another, under or in connection with these Terms and Conditions;
(j) to a law includes any legislation, judgment, rule of common law or equity, and is a reference to that law as amended, consolidated, supplemented or replaced, and includes a reference to any regulation, by-law or other subordinate legislation;
(k) to time, is to the time in Melbourne, Victoria; and
(l) to the words “including” or “includes” means “including, but not limited to”, or “includes, without limitation” respectively.

16.3 Where a word or phrase is defined, its other grammatical forms have a corresponding meaning.

16.4 Headings are for convenience only and do not affect the interpretation of these Terms and Conditions.

16.5 If a period occurs from, after or before a day or the day of an act or event, it excludes that day.

16.6 If a period commences or ends on a day that is not a Business Day, the period will commence or end (as the case may be) on the next Business Day.

16.7 Unless indicated to the contrary, if the doing of any act, matter or thing under these Terms and Conditions is dependent on the provision of Nightcruiser’s chosen Sub-Contractor consent or approval or is within Nightcruiser’s chosen Sub-Contractor’s discretion, the consent or approval must be given or the discretion must be exercised on reasonable grounds.

16.8 A warranty, representation, covenant or obligation given or entered into: (a) by more than one person (which includes the Passengers by operation of clause 17.3 or 17.4) binds them jointly and severally; or (b) in favour of more than one person (which includes the Passengers by operation of clause 17.3 or 17.4) is for the benefit of them jointly and severally.

16.9 For the purposes of these Terms and Conditions, a Event commences when the first Passenger enters or boards the Vehicle and concludes when the Vehicle arrives at the destination specified in the Booking Form as the end of the Event.

16.10 A reference to “during the Event” is to any time during the period referred to in clause 16.9.

17 Application of these Terms and Conditions

17.1 By booking the Event, You agree to be bound by these Terms and Conditions.

17.2 For the purposes of clause 17.1, You are consider to book an Event by completing the Booking Form.

17.3 You execute these Terms and Conditions on Your own behalf and as agent for each Passenger and You warrant to Nightcruiser’s chosen Sub-Contractor that You have all necessary authority for the purposes of this clause 17.3.

17.4 Without prejudice to clause 17.3, each Passenger agrees to be bound by these Terms and Conditions by entering or boarding the Vehicle for the Event.