Terms and Conditions Nightcruiser Tours & Transport, Mildurah, Victoria

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TERMS AND CONDITIONS FOR NIGHTCRUISER

Below the Nightcruiser Party Buses Booking Crew [Agents] has put up the terms and conditions that you will need to agree with when accepting a booking.
They were prepared in a simple way for your benefit and must be adhered to as we operate strictly in a law-abiding manner.
You are aware and agree with that Show World Corporation Pty. Ltd. trading as Nightcruiser [Agent] will appoint a chosen Nightcruiser Tours Sub-Contactor [Supplier] for you [Buyer]and your Guests who will carry out the Tour or Transport agreed to and you will also abide by their terms and conditions.
By Paying your Deposit/Security Bond you automatically accept full responsibility and Terms and Conditions below.
Email communication or faxes between our office and clients are deemed and treated the same as a legally signed agreement, or amendments thereof.

Terms & Conditions Melbourne, Victoria
as at 06-17 Update 04-21 © Strictly Copyright Worldwide
Show World Corporation Pty. Ltd. T/a Nightcruiser
NIGHTCRUISER ® PARTY BUS TOURS MELBOURNE VictoriaTerms and Conditions Agreement:
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 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 and Desposit:
Must be paid in advance by the due date requested as stated and or attached in our email to protect your date. Payment options are also detailed and attached.
4. Refund of Deposit:
We are unable to refund your booking deposit for a 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 Sub-Contractor might refund on the spot or as per their terms and conditions after the service back to your bank account. This ensures the rightful 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 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.
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 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 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 as venues have accepted bookings for the time booked and may not grant access if late arrival.
20. Loss of Bond:
If changes to the schedule made and non-arrival at the booked venue. 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 ask us to move on without allowing disembarkation. As we always comply with laws, you agree not to make any claim against 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. 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. 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 znd 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 on board on a BYO Basis. STRICTLY NO Red Wine or Glass. If this does not apply to a Sub-Contractor it will be shown in your booking email.
A Reminder, venues reserve the right to refuse entry into venues and we highly discourage excess drinking. Food is STRICTLY not permitted on board.
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 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. If not permited by the Sub-Contractor due to their licences it will be mentioned in your booking email.
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 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 own CDs and iPhones, iPods or other devices to play their own music at their own risk. Suitable connection cords should also be supplied. Licensee carries music copyright licenses and is a member of APRA and PPCA
40.   Power Sound System:
Amplifiers and Speakers are checked prior to departure from our depot, should they fail during the tour you agree not to make any claim against us. We will endeavour the repair or replace during your tour but feel the continuation of tour/transport is paramount.
41.  Weather:
Weather Conditions 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.
All payments can be made in advance via:
1.Visa or MasterCard (No Amex) (over the phone 0427553340).
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.

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 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.

TERMS AND CONDITIONS FOR 2nd SUB-CONTACTOR IF CHOSEN.
Terms and Conditions1 Your obligations1.1 You agree to provide to each Passenger a copy of these Terms and Conditions and notify them that, by entering the Vehicle for the Event, they agree to be bound by these Terms and Conditions.
1.2 You agree to notify us if You have failed to provide a copy of these Terms and Conditions to any Passenger and otherwise complied with clause 1.1 no later than two (2) clear Business Days prior to the commencement of the Event.1.3 Subject to clause 1.2, You warrant that all Passengers have received a copy of these Terms and Conditions and been notified that, on entering the Vehicle for the Event, they will agree to be bound by those Terms and Conditions.
2 The Event
2.1 Nightcruiser’s chosen Sub-Contractor agrees to operate the Event in accordance with the Booking Form and these Terms and Conditions.
2.2 You acknowledge that the Vehicle may leave for the Event at any time from the time appointed for departure in the Booking Form, whether or not all Passengers have arrived for the Event or have entered or boarded the Vehicle.
2.3 Nightcruiser’s chosen Sub-Contractor will use its reasonable endeavours to commence the Event and conclude the Event at the times indicated in the Booking Form.
2.4 You acknowledge that the Event may be delayed in commencing or concluding for various reasons and You waive any rights You have or may have against Nightcruiser’s chosen Sub-Contractor in respect of any Losses incurred or likely to be incurred as a result of or otherwise connected with the Event commencing at a time or the Event concluding at a time other than the respective times indicated in the Booking Form.
2.5 You accept responsibility for ensuring that all Passengers at the Event have boarded the Vehicle:
(a) prior to the commencement of the Event; and
(b) prior to the resumption of travel from any destination or other stop during the Event, and You waive all rights You have or may have against Nightcruiser’s chosen Sub-Contractor for any Losses incurred or likely to be incurred as a result of or otherwise connected with a Passenger failing to board the Vehicle 3 Event Variation
3.1 Nightcruiser’s chosen Sub-Contractor may vary any aspect of the Event at any time, including at any time after You book the Event and after the Event commences.
3.2 Without limiting the generality of clause 3.1, the Event may be varied in any of the following aspects: (c) the date of departure or operation; (d) the route of the Event; (e) the cities, towns, ports or other destinations at which the Vehicle stops or visits during the Event; and (f) the duration of the Event.
3.3 Nightcruiser’s chosen Sub-Contractor is not obliged to notify You of any variation to the Event. Notwithstanding the foregoing, Nightcruiser’s chosen Sub-Contractor will use its reasonable endeavours to notify You prior to the Event commencing of any variation to the Event.
3.4 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 any variation to the Event under this clause 3. 4 Event Viability
4.1 Nightcruiser’s chosen Sub-Contractor acknowledges that the number of Passengers may be less than the Estimated Passenger Numbers for various reasons.
4.2 If the number of Passengers is at or below Event Viability, Nightcruiser’s chosen Sub-Contractor may, in its absolute discretion, do the following:
(a) combine the Event with another similar or otherwise compatible Event; or
(b) cancel the Event by notice in writing to You.
4.3 If Nightcruiser’s chosen Sub-Contractor cancels the Event pursuant to clause 3.4(b), You agree to pay a Cancellation Charge.
4.4 You acknowledge that, if Nightcruiser’s chosen Sub-Contractor combines Events pursuant to clause 3.4(a), people unconnected with Your group of Passengers will be attending the Event.
5 Luggage
5.1 No Passenger is permitted more than one piece of luggage.
5.2 No piece of luggage may weigh in excess of ten (10) kilograms or such other weight that Nightcruiser’s chosen Sub-Contractor determines in its absolute discretion and of which Nightcruiser’s chosen Sub-Contractor notifies You no later than one (1) Business Day prior to the Event commencing.
5.3 No Passenger may bring onto the Vehicle or permit the bringing onto the Vehicle of any of the following:
(a) any hazardous or dangerous substance ;
(b) any drug of dependence or other illegal substance; or
(c) any glass receptacle capable of containing a beverage.
5.4 Nightcruiser’s chosen Sub-Contractor may exclude any Passenger from the Event if the Passenger breaches this clause 5.
5.5 Without limiting the generality of clause 5.4, a Passenger may be excluded from the Event at any time after the Event commences if, in Nightcruiser’s chosen Sub-Contractor reasonable opinion, the Passenger breaches clause 5.3.
6 Passenger conduct during the Event
6.1 At all times during the Event, each Passenger must conduct himself or herself in a reasonable and courteous manner and otherwise in accordance with all legal requirements.
6.2 Nightcruiser’s chosen Sub-Contractor may provide any reasonable directions to Passengers for the purposes of the Event and each Passenger agrees to comply with each direction.
6.3 Without limiting clause 6.1, each Passenger must do the following:
(a) comply with all road safety laws, including all such laws affecting the behaviour of pedestrians;
(b) not cause or permit any part of his or her body or any other object to protrude from the Vehicle at all times that the Vehicle is in motion; and
(c) remain seated in the seats provided at all times that the Vehicle is in motion.
7 Additional passengers
7.1 You acknowledge that the Event is subject to a maximum number of Passengers, which Nightcruiser’s chosen Sub-Contractor may determine in its discretion.
7.2 Nightcruiser’s chosen Sub-Contractor may determine in its absolute discretion whether an Additional Passenger may attend the Event.
7.3 Without limiting the discretion in clause 7.2, Nightcruiser’s chosen Sub-Contractor may exclude any Additional Passenger from the Event if the Price applicable to that person is not paid in accordance with clause 10.9.
8 Passenger exclusion
8.1 Any Passenger who arrives for the Event, later than the scheduled time for departure specified in the Booking Form may be excluded from the Event.
8.2 Any Passenger may be excluded from the Event if the behaviour of that Passenger is, in Dreamscape Tours’ reasonable opinion, unacceptable, which includes :
(a) behaviour that could endanger other Passengers;
(b) behaviour in breach of these Terms and Conditions;
(c) the Passenger is or appears intoxicated;
(d) the Passenger smokes any tobacco product on the Vehicle (whether the Vehicle is in motion or not); (e) the Passenger is or appears to be affected by any drug of dependence or other illegal substance;
(f) the Passenger is offensive to another Passenger or any other person, including a member of the public;
(g) the Passenger engages in a fight (whether or not the fight is initiated by that Passenger);
(h) the Passenger is aggressive or intimidatory towards another Passenger or any other person, including a member of the public;
(i) behaviour that risks damage to the Vehicle or any other property; or
(j) behaviour that could damage the reputation of Nightcruiser’s chosen Sub-Contractor.
8.3 Nightcruiser’s chosen Sub-Contractor may cancel the Event at any time during the Event if:
(a) the behaviour of five (5) or more Passengers (Infringing Passengers) would permit Nightcruiser’s chosen Sub-Contractor to exclude those Infringing Passengers from the Event pursuant to clause 8.2; or (b) the circumstances otherwise reasonably justify cancellation.
8.4 The Price payable in respect of any Passenger excluded from the Event pursuant to clause 8.2 (Sum Forfeited on Exclusion) is forfeited. If any part of the Sum Forfeited on Exclusion has not been paid as at the date of exclusion, You agree to pay that amount to Sub-Contractor on demand.
8.5 If Nightcruiser’s chosen Sub-Contractor cancels the Event pursuant to clause 8.3, the Price payable for each Passenger at the Event is forfeited (Sum Forfeited on Cancellation). If any part of the Sum Forfeited on Cancellation has not been paid as at the date of cancellation, You agree to pay that amount to Nightcruiser’s chosen Sub-Contractor on demand.
8.6 The Customer acknowledges that Nightcruiser’s chosen Sub-Contractor is not a common carrier and that the responsibilities and liabilities of a common carrier do not apply to Nightcruiser’s chosen Sub-Contractor or otherwise in respect of the Event. Without limiting the generality of the foregoing:
(a) at its discretion (but subject to these Terms and Conditions), Nightcruiser’s chosen Sub-Contractor may refuse any person entry to the Event; and
(b) all services are performed subject only to these Terms and Conditions.
9 Alcohol consumption
9.1 This clause 9 applies to the consumption of alcoholic beverages at any time during the Consumption Period.9.2 Subject to this clause 9, Passengers over the age of 18 are permitted to possess and consume alcoholic beverages on board the Vehicle.9.3 No Passenger is permitted to possess or consume during the Consumption Period more than the maximum quantity of alcoholic beverage specified by Nightcruiser’s chosen Sub-Contractor from time to time or, where no quantity is specified, no more than the equivalent of two (2) standard drinks an hour.9.4 The burden is on the Passenger to demonstrate to Nightcruiser’s chosen Sub-Contractor reasonable satisfaction that he or she is not in breach of clause 9.3.9.5 Passengers must not consume any alcoholic beverage after the Event commences and before the Event concludes, other than on the Vehicle.9.6 All consumption of alcoholic beverages must be in accordance with , and each Passenger otherwise must comply with, the Liquor Licensing Code of Conduct, a copy of which is available from our web site or please call our office for a copy.9.7 Passengers must not remove from the Vehicle any open bottle or other receptacle containing an alcoholic beverage.9.8 Passengers must not bring on to the Vehicle or cause to be brought onto the Vehicle an esky or other insulated or refrigerated receptacle capable of containing multiple alcoholic beverages (whether or not it contains alcoholic beverages). 10 Price and payment 10.1 You agree to pay the Amount Due for the Event according to this clause 10.10.2 You acknowledge that the Amount Due for the Event is calculated by multiplying the Estimated Passenger Numbers by the Price or as otherwise stated on the Booking Form.10.3 20% of the Amount Due for the Event must be be paid by way of a deposit (Deposit) and must be received by Show World Corporation Pty. Ltd trading as Nightcruiser Party Bus Tours in cleared funds no later than fourteen (14) days after booking the Event.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.