TERMS AND CONDITIONS NIGHTCRUISER – ALBANY & SOUTH WEST, WA
as at 01-01-19 Updated 11-20
© Roland Ott – Show World Corporation Pty. Ltd. 01-1994
Below the Nightcruiser Crew – Albany and South Western Australia have put up the terms and conditions that you will need to agree with when accepting a booking.
They are automatically deemed to be agreed to by you when you pay your Deposit / Bond.
They were prepared in simple detail for your benefit to understand and make you aware of your responsibilities as we strictly operate in a law-abiding manner and it allows for safe and fun party tours and associated services.
You understand that Show World Corporation Pty. Ltd. has chosen Sub-Contractors that carry out our tours and services in your area to Nightcruiser’s specifications and you agree with that.
Check the additional Terms and condition from our Sub-Contractors at the bottom of the page.
Terms and Conditions Agreement:
1. Responsibility and Sub-Contractor 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 Representative/Sub-Contractor carrying out the services.
Email communication or faxes between our offices and clients are deemed and treated the same as a signed legal contract.
You must be in receipt of confirmation if any requested changes are sent by you via emails or text or consider the changes not been acted upon. Best to ring bookings to be safe
3. Booking Bond:
Must be paid in advance by the due date requested as stated and or attached in our email to protect your date. Payment options are also detailed and attached.
4. Refund of Bond:
We are unable to refund your booking deposit for cancellation for whatever reason and time.
5. Security Bond:
The booking deposit automatically becomes your damage bond, once paid. The bond can be refunded immediately 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 for this refund and it is the drivers’ right to withhold this bond after inspection. If you have any dispute it can only be solved by the Representative Vehicle Owner Operator.
This might vary with the different Representatives/Sub-Contractors.
Your pre-paid bond cannot be used towards your cash fee due prior to departure. Otherwise, we hold no damage security bond.
7. Damage Inspection prior to Departure:
We suggest that when you initially board and pay your fee due, prior to your guests’ boarding, you also inspect the vehicle for any damage prior to departure. That way there will be no dispute as to when the damage occurred.
8. After 12 midnight Charters:
We and our Representative/Sub-Contractors 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, 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.
All reasonable precautions, safety and due care will be taken, however in the case of sickness, accident or injury by any passenger, the Representative/Sub-Contractors or Show World Corporation Pty. Ltd. trading as Nightcruiser 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-contracts out its tours and charters to various Representatives/Sub-Contractors and you agree to this service. All Representatives/Subcontractors 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 Signage [ livery ] or any other cause, you agree not to make any claim against us.
19. All of the agreed itinerary/ schedules need to be maintained:
Times or venues cannot be changed during the agreed tour as venues have accepted bookings for the time booked and may not grant access if late arrival.
20. Loss of Bond if unauthorised changes to schedule:
Changes to the schedule made and non-arrival at a booked venue.
Venues are booked for and on your behalf [if applicable in your area] 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 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 Representative/Sub-Contractors or Show World Corporation Pty. Ltd. trading as Nightcruiser. If the claim is greater than your bond, we will reclaim any additional charges from you, to which you agree.
One of the reasons for this could be, that venues usually employ additional staff for our visit.
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 our Sub-Contractors or Show World Corporation Pty. Ltd. trading as Nightcruiser, as this is out of our control.
22. Venues Information, Deals and Free booked VIP entry:
Deals, Information and all other arrangements are obtained on behalf of you and your guest’s as a complimentary additional service by the Nightcruiser Crew. [If applicable and available in your area].
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 our Representative/Sub-Contractors or Show World Corporation Pty. Ltd. trading as Nightcruiser.
Some Venues for various reasons require additional entry fees and have strict dress codes and once they have reached their patron legal limits cannot allow additional patron in by law.
Please note! Some of these services, however, might not be offered in your particular area.
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 conditions of entry and or their deals to a venue for whatever reason, you agree not to make any claim against us or our Representatives, 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:
You agree to the tour schedule and detailed arrangements emailed to you and accept that NO ALCOHOL is allowed to be consumed on board or opened alcohol carried by law. This is enforced by police as no charter bus in WA can allow anyone to consume alcohol on board.
Nightcruiser Representatives/Subcontractors and or “Nightcruiser” encourages sensible alcohol consumption on licensed premises and therefore if any passengers are deemed too intoxicated or causing a disturbance or unruly behaviour 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.
28. Bus/Vehicle Groups or Charters:
Where a person is in charge or in control of any unlicensed premises (this includes any vehicle) and allows or suffers those premises (or vehicle) to be used as a place for consumption of liquor, that person commits an offence. Maximum Penalty: $1000 and possible loss of license.
29. Street Drinking:
It is an offence for a person to consume liquor on any road, park or reserve within the boundaries of the metropolitan area or of a town or townsite, whether on foot or in a vehicle. Minimum Penalty: $200, Maximum Penalty: $1000+
30. Passenger Property Loss:
All property and valuables remain the responsibility of their owners. Drivers are not permitted under strict company policy to store, look after passengers’ goods or clothing or hold the property for Safe Keeping. Nightcruiser and its Sub-Contractor 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 the lost property while waiting for collection.
30a. Electronic devices disclaimer [iPhone, Smartphones, iPods and other devices including connection cords]: Nightcruiser and it’s chosen Sub-Contractors encourage the use of Laptops, Tablet, iPhone, iPad, iPod and Smartphones for the purpose to allow passengers to bring their own music. Nightcruiser and it’s Sub-Contactors cannot accept any responsibility for such electronic devices or cords against any damage, loss whilst on the vehicles or damage electronically.
At no stage must they be left unattended with Nightcruiser Captains or Subcontractors 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. e.g. iPhone 7 dongle.
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 IDs.
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 a Nightcruiser Tour or Service during the duration of the organised total schedule.
34. Conduct Code is Simple: “Nightcruiser” and its Representatives/Subcontractors operate 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 Nightcruisers will result in the immediate termination of a tour/charter and withdrawal of the Nightcruiser Party Bus Tour or 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. 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.
36a. 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.
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, refund or discounts.
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.
Might vary with different Representatives/Subcontractors – more below the bottom of the page.
All payments can be made in advance via:
1.Visa or MasterCard (No Amex) (over the phone).
2. Pay anybody Bank Transfer.
3. Direct over the counter bank deposit.
“Last minute” guests are more than welcome and the Crew will provide you with a different payment option.
Electronic transfers carry no charge and must reach us by the due date. Payments made by Credit Card incur a small additional 1.9 % – 2.9% Surcharge.
43. Price change and Money due: You can not change the price agreed to prior to the arrival of the service. If you experience fewer passengers turning up it is your responsibility to make up the difference or increase the per head basis you collect. The bond can at times be used towards payment if authorised by Operations Manager and will not be refunded or cannot be claimed at a later time.
It is the responsibility of the Hirer to ensure all government laws, signage displayed, requests by the Driver or Company and all procedures related to Covid-19 are adhered to. The Driver and Company reserve the right to refuse entry or terminate a charter if any passengers are exhibiting symptoms associated with COVID-19 and will not be liable for any costs associated with this.
We will require a passenger manifest with each passenger’s full name and contact number prior to your departure in writing.
Where we have transported a passenger who becomes infected with Covid-19, the Hirer is responsible for notifying the Company immediately.
The above Terms and Conditions still apply, however, our cancellation policy will differ due to COVID-19 related matters.
45. COVID POLICY
Nightcruiser Party Buses and our Sub-Contractors [Suppliers] endeavour to follow the safety guidelines as set by the AU Government for the various COVID-19 Levels.
46. LIMITED LIABILITY Nightcruiser [Agent]
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.
2nd Sub-Contractor additional terms and conditions
• PAYMENT DUE
Full Payment must be made 7 days before Charter
• TERMS AND AGREEMENT CHARTER AGREEMENT
All Charters are subject to the Terms and Conditions of the Charter Agreement
• CANCELLATION NOTICE TERMS
Cancellation Fees apply
• PUBLIC LIABILITY INSURANCE
All Passengers travelling on our selected Representative and Nightcruiser Party Bus Tours are covered by Public Liability Insurance.
• DRIVER ACCOMMODATION & MEALS
For extended trips, Cruiser Captains and Drivers meals and accommodation are to be supplied by the charters or these costs are charged and need to be paid in advance.
Should the vehicle return in an unreasonable dirty condition, rights are reserved to charge a cleaning fee. A minimum of $250 will be charged for such things as vomit or other heavily soiled items.
• No smoking on any vehicle
• Must not use, bring or distribute illegal drugs
• No body parts outside windows
• No climbing, standing or jumping on seats
• The emergency windows to be opened only in an emergency
• Important no excessive noise made outside in public
• No abuse aimed at outside people or traffic
• No one to use the inside of the vehicle, public place, lanes or on a street as toilets.
• No unnecessary talking to or distraction of Cruiser Captain/Driver.
• All litter such as soft drink/water cans/bottles must be removed during the tour/service and nothing left behind.
Nightcruiser Party Tours or our Representatives cannot be held responsible for any unforeseen circumstances or events encountered whilst in transit; e.g. road closures, mechanical breakdowns, etc. which delays travel. The liability extends to the contracting or provisions of a replacement vehicle only.
3rd Sub-Contractor’s Terms and Conditions
BOOKING TERMS & CONDITIONS
1. Booking Conditions & Payment Methods
Minimum of $200 Bond to confirm the booking as per the quote provided.
The balance of the confirmed quote is required 12 days prior to departure date.
2. Departure Times
Please ensure that your departure times on your quotation are correct as we reserve the right to charge an
hourly rate or part thereof outside quoted times.
Though all reasonable effort will be made, we take no responsibility for loss,
damage or inconvenience resulting from delays in the itinerary.
4. Client pick-up Locations
Prior to the day of departure, written directions (preferably with a map) will be supplied by the client, together
with the name and phone No. of a contact person at each pickup point. Pick-up times are approximate only –
due to possible delays caused by traffic, poor road and/or weather conditions. * For all private property
venues, if the quote is accepted, the Operations Manager will need to view the property to check for
safe coach access, which will incur an inspection fee of $60.00.
5. Luggage, Property and Personal Items
We will take extreme care in the handling and stowing of all passengers gear &
equipment, however, we take no responsibility for loss or damage of such items. Where the loading of luggage is
required our Coach will arrive 30 minutes prior to departure time for loading. Please ensure all luggage is
labelled and ready for loading at a central loading point.
6. Food & Refreshment on Coach
Prior agreement must be had prior to the consumption of any foodstuffs onboard our coaches. Upon
agreement, a cleaning charge may be applied. Any passenger suffering a bilious attack and/or creating
a willful excessive mess is liable for a $150.00 cleaning fee for each incident.
Some of our coaches are fitted with seatbelts and baby seat restraints. Where seat belts are installed it is a
requirement for all passengers to wear the belts. If a passenger has a pram or stroller or any baby equipment
it may be stowed in the luggage compartment.
8. Group Tour Booking
Our and Nightcruiser’s quote includes the Coach, Driver, Fuel, Insurances & GST where applicable. We are happy to
prepare an itinerary for our client, however, this will incur an administrative charge of $100.00 per tour itinerary.
If you have decided on your own tour venues it is your responsibility to notify the venues of your itinerary
visiting times. We are happy to assist in recommending venues for your itinerary.
Any luncheon, morning tea, afternoon tea costs are not included in quotations unless prior arrangements are
made. We do not go to The Grove Experience.
9. Quote Validity
All quotes are valid for 28 days from the date of the quote, based on the information provided. We reserve the
right to re-quote should passenger numbers or any other details change at any time. If you require using only
part of or using parts of this quote, we reserve the right to re-quote.
10. Liquor Licensing
Due to the Police Liquor Licensing Act 1998 Section 119 (4,7,9,11) and Section 109 (1)
NO ALCOHOL is to be consumed on board the coach as hefty fines will be incurred by the passengers, driver and Coach
Company. We have no objection to arriving at the departure point 10 minutes earlier to allow those passengers to enjoy a drink, but then, eskies, etc are to be stowed away whilst the Coach is in transit to your destination.
Copies of the above Act are available from any Police Station. No glass stubbies, bottles or drinking glasses on board. Refreshments in cans only.
4th Sub-Contractor additional terms and conditions
20% Non-refundable deposit
$200.00 Damage security bond [refunable if no damage]
Full payment 7 working days in advance
No open containers (i.e. Glasses, cups, mugs etc.)
Limit on number and size of eskies allowed on the bus. (will depend on bus capacity and size of the aisle)
If the group is kicked out of any establishment then the tour is over, the bus will then head home and any funds paid will be forfeited.
5th Sub-Contractor additional terms and conditions
1. They reserve the right to cancel any services due to drunk or abusive passengers without a refund. The individual who booked any services will be held responsible for the conduct of all passengers, at all times.
2. Any breakages or damage will be charged to the hiring customer at repair costs, this includes fabric damage and drink spillage. A cleaning fee of up to $300 will apply to any circumstances where a passenger has soiled the vehicle..
3. They have a NO SMOKING policy within all their vehicles. Should this policy be ignored the driver is authorised to cancel the hire agreement and a refund will not be given.
4. Overtime rates are charged at standard hire rates for extended hire beyond the time agreed upon. Overtime availability will be at the drivers discretion as future bookings may be affected.
5. All passengers must wear seatbelts as fitted in each vehicle and according to Department of Transport regulations.
6. No food is to be consumed in vehicles unless approval has been given by the driver.
7. Consumption of alcohol is strictly prohibited for persons under the age of 18 as by law in Australia. The driver can refuse a hiring customer entry to the vehicle if it is believed the passenger has consumed too much alcohol and are unfit to travel.
8. Alcohol can only be consumed in vehicles that seat less than 14 persons. The driver reserves the right to eject any passenger found to be drinking in any vehicle where alcohol is prohibited. It is up to the hiring customer to ensure all passengers consuming alcohol are 18 years and over.
9. Drivers of any vehicle reserve the right to refuse passage to any pickup or drop off venue that they deem unsafe for the vehicle or passengers. Some access into streets or driveways may restrict vehicles and a front door arrival may not be achievable.
10. All bookings must be paid before the service is provided. Cheques are accepted two weeks in advance or cash/eftpos can be accepted at the time of the booking or on pickup.
11. We will endeavour to provide the vehicle requested, however in an unlikely event your chosen vehicle is unavailable, we may substitute the vehicle with a similar type as reasonably able (subject to availability) or with taxis to reach the required destination.
12. All photos taken by the Charter Company during your event may be used on our website or Social Media pages or for future marketing and promotional material.
13. Cancellation of a booking will incur the following fees:
Once travel has commenced no refunds will be made for any unused services and passengers will be responsible for their own travel arrangements from that point forward.
In the event of the cancellation of a service where the invoice has not been fully paid a new invoice will be issued for the remaining unpaid balance minus the refund applicable for any cancellations within the following time frames. This invoice is to be paid in full within 12 business days.
No refund will be given if a passenger fails to board a service.
14. We will take no responsibility for property lost, damaged or stolen while under hire. We will always leave our vehicles locked while parked, however in the unlikely event a break in were to occur it is the passengers responsibility to make sure their goods are secure.