Terms and Conditions Warrnambool

• Adrian Jones trading as Getabus (“we”, “us” and “our”).

• If you do not agree to any provisions of this agreement, you must not: use the Website; or make a booking and/or make a purchase from us (“Transaction”).

• We reserve the right to make changes to this agreement from time to time at our sole discretion. By continuing to use the Website following the making of those changes, you agree to be bound by the changes (except in relation to the provision of services already ordered, which will continue to be governed by the agreement in place at the time of ordering). You should check our agreement and policies from time to time, especially when entering into a Transaction, to acquaint yourself with the current versions of those documents.

2. Use of Website by you

• You agree to use the Website only for purposes that are permitted by this agreement and not prevented by any applicable law or
regulation.

• You agree not to access (or attempt to access) any part of the Website by any means other than through the interface provided by us.

• You agree that you will not engage in any activity that interferes with or disrupts the Website or the servers and networks that host
the Website.

• You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Website or features
that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the content therein.

• You agree not to use, copy, distribute or commercialise content appearing on the Website except as permitted by this agreement, by law or with our prior written consent.

• You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement
authorities.

3. Bookings

• The provision of services on the Website does not constitute an offer to sell.

• Orders placed by you are offers to purchase under the terms and conditions in this agreement and our other terms and conditions at
the price or fee specified.

• We reserve the right to accept or reject your offer for any reason (or no reason) including, but not limited to, the unavailability of
any service, an error in the price or description, or an error in your order.

4. Price and Fees

• Unless stated otherwise at the Website, prices and fees are valid only for the specified time period during which the goods or services
are advertised for purchase.

5. Supply of Goods and Services

• Subject to this agreement, we will supply to you the goods and services shown on your order confirmation.

• We reserve the right to use other accredited tour operators to provide our services and will advice you if this is the case.

6. Rules and Regulations

• Seat belts to be worn where seat belts are fitted. The individual will pay the full amount of fines incurred.

• No drugs and no smoking on any of our buses is permitted.

• Offensive behaviour to anyone is not permitted on any of our buses.

7. Cancellation by you

• If you are not able to partake in a tour on the date and time you have booked, you should contact us as no later than 30 days prior to the trip departure.

• Cancellation within 30 days of departure date of the tour will not be refunded, cancellations 30 days prior will be refunded fully.

• Failure to show will result in no moneys returned, we run our tours on a schedule to fit as much in as we can for participants, due to this there will only be a 15 minute grace period from departure times.

8. Cancelation by us

• In some cases we may make alterations to a tour date, price, inclusions, itinerary, minimum numbers, ages etc. We reserve the right to cancel, change, transfer or substitute any tour that you have booked, at any time and for any reason. If you choose not to accept the alternatives offered you will be entitled to a full refund including the booking fee. Notwithstanding the above, if we receive advance notice of a significant change to a tour, we will make a reasonable effort to communicate this to you and to facilitate an amendment of the booking.

• If the tour you have booked is unable to be taken because of weather (as determined by us), it may be rescheduled. If the rescheduled
date is not suitable, you may request, and we will provide a refund but we shall not be liable for any illness, injury, damages, loss, delay or failure to join a tour that may occur due to factors beyond our control. We highly recommend all passengers have travel insurance coverage.

• In some instances, bank fees and exchange rates may mean the amount refunded will be different to the amount originally paid for a tour, particularly in instances where a currency exchange is involved. You acknowledge and accept that we have no control over bank fees or exchange rates and we are unable to accept responsibility for any such discrepancies in refunded amounts.

9. Regarding Return Time:

Please note that in some cases we may not be able to control return or arrival time due to unforseen circumstances on the road.

13. Co-Share Partners

The Sub-Contractor reserves the right to use other tour accredited operators, Terms and conditions and itineraries of the tour operator may be different from us.

14.Breach of these Terms of Use

The Sub-Contactor, in its sole discretion, may prevent you from accessing the Program Website or remove and discard any content within the Program Website if, for any reason, including without limitation, The Sub-Contactor believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. The Sub-Contactor reserves the right to contact any authority or other relevant party and disclose any personal information and information, or take legal action, regarding your conduct at the Program Website its sole discretion.

15. Travel insurance

We recommend you have travel insurance just in case anything unforeseen happens

16: Pick up locations:

May be changed as we might have to comply with events, or government road closures or any order from the Victorian Government or local authorities.

Hire and Drive Agreement:

Bus Hire Policy

The Sub-Contactor shall endeavour to provide private and organisations with access to its buses in an equitable system.
The Sub-Contactor reserves the right to refuse access to persons who it reasonable believes may pose a risk to the safety or wellbeing of other passengers, team members, themselves or the general public.
In the event of a bus being off the road due to unforeseen circumstances The Sub-Contactor reserves the right to cancel a hire on any given day without sustaining financial implications.
This Service Agreement will cover organisations January to December each year to avoid multiply Service Agreements for each individual hires throughout the year.
It is to be made clear that the service being provided by The Sub-Contactor is for the hire of the bus only and the hirer must engage the bus driver independently, but according to the provision set out in this agreement.

Conditions of Use
Hirer
1.1 The buses must remain within a one hundred and fifty kilometre radius of warrnambool unless approved prior to hiring.
1.2 Buses must not be driven to any destination other than those approved at the time of the booking, nor used for any other purpose than that identified in the original hire agreement.
1.3 Buses are not permitted to drive on unsealed roads.
1.4 The organisation/group/person booking the bus is responsible for the behaviour of passengers, and must abide by local laws in regard to behaviour.
1.5 The organisation/group/person booking the bus is responsible for ensuring children in the buses are supervised at all times by a responsible adult.
1.6 The organisation/group/person booking the bus is responsible for ensuring all rules and regulations required by law are implemented eg wearing of seat belts and securing any walkers or wheelchairs securely and correctly.
1.7 The Driver will be Free from illicit drugs or alcohol and will be 0.0 during the time off hire.
1.8 The driver will be required to complete a log book sheet if travelling 100km or more.

Driver – Provided by Hirer
2.1 All Bus Drivers must hold a current licence applicable by the size of the bus being hired at a minium. The Sub-Contactor can offer a list of drivers that hold this licence and have undergone training to enable them to be suitable to drive the bus. If an approved driver is not available, hire of the bus maybe not approved and or terminated.
2.2 Once your organisation/group/person hires a bus and has an approved driver, this driver/s will be hired by your organisation/group/person. This driver during the hire period is not an employee from The Sub-Contactor hire or volunteer during this time.
2.3 The bus/s must not be driven by any person other than the person nominated at the time of booking via the original Hire Agreement.
2.4 The driver/s shall be liable for all traffic infringements incurred whilst the vehicle is under his/her authority.
2.5 It is the hirer’s obligation absolutely to engage independent of a driver of the bus.

Buses
3.1 The buses do not have provision for large amounts of luggage. Hirer’s are permitted to take hand luggage only on the buses. No items are permitted to block the bus aisle. A trailer can be towed for such luggage if towing equipment available on the bus.
3.2 Smoking, eating and drinking is prohibited on all buses.
3.3 The vehicle shall be returned at the agreed time, as identified in the original hire agreement. Buses must be housed at approved premises each night.
3.4 The vehicle shall be returned in a clean and tidy condition. Failure to do so shall incur a $50 cleaning fee.
3.5 The vehicle shall be returned with a full tank of fuel if not been discussed pevously.
3.6 For the safety of passengers, we provide the following equipment on all vehicles;
 Fire Extinguisher/s/First Aid Kit/Safety Bin bags
Should any of the resources requiring replacement, eg first aid equipment, be used during the hire, the hirer must report such usage so that they may be replaced immediately.
Accident. Loss, Damage of Property
4.1 Accident Procedure:
 If a person is injured contact emergency services immediately
 All accidents MUST be reported to the police within 24 hours and to The Sub-Contactor
 The Driver/Hirer must notify immediately of any accident/damage to the bus.
 The Hirer group is responsible for the cost of the current vehicle insurance excess applied via our insurance policies. This amount being payable within 14 days of the incident/damage occurring.
 vehicles are insured. The occupants of the vehicles are insured by Compulsory Third Party Insurance. Incidents occurring outside the vehicle or as a result of negligence of the hirer or their agent shall be covered by the hirer’s insurance coverage.
The full cost of repair of damage caused by passengers will be the responsibility of the hirer and payable within 14 days.
The Sub-Contactor and or its representatives shall not be responsible for any loss or damage to any property belonging either to the hirer or any person or passenger using or travelling on the vehicle when hired.
The Sub-Contactor takes no responsibility whatsoever in respect to any loss, injury or damage to any person or their property caused by the negligence of the driver.

Applicable law

• This agreement will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.
• If any part of this agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this agreement and the severed part will not affect the validity and enforceability of any remaining provisions.

The Sub-Contractor accepts no responsibility for those that fail to read the terms and conditions.

1.1 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 Our Sub-Contractor

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.