Terms and Conditions Bunbury

TERMS AND CONDITIONS NIGHTCRUISER – BUNBURY & SOUTH WEST, WA
as at 01-01-20, Update 04-21, 01-24
© Show World Corporation Pty. Ltd. 01-1994

Below the Nightcruiser Crew – Bunbury 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 [Buyer] understand that Show World Corporation Pty. Ltd. trading as Nightcruiser Tours and Transport [Agent] has chosen Sub-Contractors [Supplier] that carry out our tours and services in your area to Nightcruiser’s specifications and you agree with that.

Also, check the additional Terms and conditions from our Sub-Contractors [Supplier] 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 [Buyer] 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 deposit/booking/security bond to Show World Corporation Pty. Ltd. trading as “Nightcruiser” for and on behalf of any Nightcruiser’s chosen Sub-Contractor [Supplier] carrying out the services.

2. Communication:
Email communication or faxes between our offices and clients are deemed and treated the same as a signed legal contract.
You must receive a confirmation if any requested changes are sent by you via emails or text or consider the changes not to be acted upon. Best to ring bookings to be safe

3.   Booking Deposit/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 Deposit:
We are unable to refund your booking deposit for a 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 after 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 driver’s 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.

6.   Bond:
Your pre-paid bond cannot be used towards your cash fee due before departure. Otherwise, we hold no damage security bond.

7.   Damage Inspection before Departure:
We suggest that when you initially board and pay your fee due, before 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 being used, by negotiations with the 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 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, 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 your 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, and 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 the 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 guests 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 patrons 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 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 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 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 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.

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 above 80 Business Days, the Buyer shall be entitled to give notice in writing to the Agent to terminate the Relevant Obligations.

48. CANCELLATIONS DUE TO GOVERNMENT-MANDATED SHUTDOWN
In the event of a cancellation due to a government-mandated shutdown you can change the date of your tour (provided it’s within 12 months) with the
following condition: Money that we have paid to venues to secure your booking and tasting MAY OR MAY NOT BE RECOVERABLE. This will depend on the venues’ policies and it is beyond our control.
We also cannot guarantee that the venue will be able to accommodate you at a later date.
We do NOT offer refunds in the event of a government-mandated shutdown.

49. ADDITIONAL  CHARGES
We reserve the right to apply additional charges due to suddenly increased fuel costs and extra if your agreed schedule does overtime as stated in your tentative or confirmed booking email.

1st Sub-Contractor additional terms and conditions

• PAYMENT DUE 
Full Payment must be made 14 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.

• CLEANING
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.

•ADDITIONAL CONDITIONS

• 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 is made outside in public
• No abuse aimed at outside people or traffic
• No one to use the inside of the vehicle, public places, lanes, or on a street as toilets.
• No unnecessary talking to or distraction of Cruiser Captain/Driver.
• All litter such as soft drinks/water cans/bottles must be removed during the tour/service and nothing left behind.

• WAIVER
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.

2nd Sub-Contractor’s Terms and Conditions

BOOKING TERMS & CONDITIONS
1. Booking Conditions & Payment Methods
A minimum of $200 Bond to confirm the booking as per the quote provided.(check your Nightruiser booking email)
The balance of the confirmed quote is required 12 working days before the departure date.
2. Departure Times
Please ensure that the departure times on your quotation are correct as we reserve the right to charge an
hourly rate or part thereof outside quoted times.
3. Delays
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
Before 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 before departure time for loading. Please ensure all luggage is
labeled and ready for loading at a central loading point.
6. Food & Refreshment on Coach
Prior agreement must be had before 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.
7. Seatbelts
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, insurance & 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, or 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 to use 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.

3rd Sub-Contractor additional terms and conditions

TRANSPORTATION SERVICES AGREEMENT

• BOOKING A TOUR

1. 1. The Sub-Contractor will provide you with Transportation Services by the Details set out in the Booking Form.
      (Check your Nightcruiser Booking email)
   2. You agree to this agreement. However, your Booking is not confirmed until you pay the Deposit. 
   3. We will not proceed with the Transportation Services unless you pay the Transportation Costs. 

• COSTS AND PAYMENTS

1. 1. DEPOSIT
      1. You must pay the Deposit set out in the Booking Form to secure the Booking as shown in the Nightcruiser Booking email. Your Booking is not confirmed until the Deposit is paid in full. 
      2. The Deposit is non-refundable unless otherwise expressly stated in this agreement. 
   2. TRANSPORTATION COSTS
      1. The Transportation Costs are payable no later than 48 hours before the Date of the Transportation Services. 
      2. The Transportation Costs are inclusive of all fuel and tolls. 
      3. The Transportation Costs are calculated strictly based on the number of Passengers set out in the Booking Form. If additional Passengers require Transportation Services, the Transportation Costs will be increased and payable accordingly. 
   3. ADDITIONAL COSTS

Unless expressly stated as included in the Booking Form, any additional expenses that you incur while using the Transportation Services or attending a Visitation Site will be payable as additional out-of-pocket expenses by you. This includes all food and drinks on the day. 

1. OTHER PAYMENT TERMS 
   1. We reserve the right to charge credit card surcharges to you. 
   2. We may use third-party payment providers and you consent to their terms and conditions by using those facilities. 

• ON THE DAY

1. 1. PRESENTING TO DEPART
      1. We will tell you (as agreed with you) the time that we will depart from the Departure Location and each Visitation Site (Departure Time). 
      2. If you, or any Passenger, are not on board the Vehicle 10 minutes after the Departure Time, we reserve the right to depart the relevant location without those non-present Passengers. 
      3. You acknowledge and agree that you will not be given a refund of any of the Costs if you, or any Passengers, do not receive the Transportation Services due to not presenting at the Vehicle at the required Departure Time.
   2. ACCIDENTS

We always endeavour to ensure that the Transportation Services are safe. Unless an accident is caused by our gross negligence or wilful misconduct, you release us from all claims relating to any personal injury (including permanent disability or death) you or any Passenger may suffer as a result of any accident. 

1. SAFETY 

You acknowledge and agree that the nature of the Transportation Services may expose you or any Passengers to road and traffic incidents as well as environmental hazards, including those present at any Visitation Sites. While we endeavour to ensure your safety, such incidents, and environmental hazards are beyond our reasonable control. You accept responsibility for minimising harm to yourself and other Passengers while on our Transportation Services. You must ensure that all Passengers wear a seat belt at all times while on the Vehicle.

1. PROPERTY DAMAGE

You must not, and must ensure that no other Passengers, litter, interfere with or otherwise damage any property, including the Vehicle and any Visitation Sites. You are responsible for ensuring that the Vehicle and any Visitations Sites are left how you found it. You acknowledge and agree that you must pay any Cleaning Fees, damages, and other fines incurred for failure to comply with this clause.

1. PHOTOGRAPHY

We may take photos of you and any Passengers on the Transportation Services or at any Visitation Sites and publish those photos on our website for marketing purposes. You consent to us publishing your and any Passengers’ photograph on our website, social media accounts, and in other marketing materials.

1. PASSENGER BEHAVIOUR

You must, and must ensure that all Passengers, always behave reasonably and courteously while on the Transportation Services. Any behaviour that is reasonably considered aggressive, belligerent, discriminatory, or otherwise inappropriate may result in Passengers being immediately removed from the Transportation Services. You are responsible for all Passengers and acknowledge and agree that you will not be given a refund of any of the Costs if you, or any Passengers, are removed from the Transportation Services due to a breach of this clause 3.6.

• CANCELLING THE TRANSPORTATION SERVICES

1. 1. CANCELLATION BY YOU
      1. If you change your mind about using our Transportation Services, we ask that you notify us as soon as possible. 
      2. If you cancel our Transportation Services, we will refund the applicable Costs as set out in Table 1.(check Nightcruiser booking email)

Table 1 – Refunds on Cancellation: 

Notice provided by the Client	Refund Payable
48 hours or more before the Date	100% refund of the Transportation Costs No refund of the Deposit Refund of the Visitation Site Costs depending on the Visitation Site’s policy – any amount recoverable or not already paid by us will be refunded to you
24 – 48 hours before the Date	50% refund of the Transportation Costs No refund of the Deposit Refund of the Visitation Site Costs depending on the Visitation Site’s policy – any amount recoverable or not already paid by us will be refunded to you

Less than 24 hours before the Date

No refund of the Transportation Costs No refund of the Deposit Refund of the Visitation Site Costs depending on the Visitation Site’s policy – any amount recoverable or not already paid by us will be refunded to you

 

1. CANCELLATION BY US 
   1. Subject to clause 4.2(b), if the Sub-Contractor needs to cancel the Transportation Services, the Sub-Contractor will:
      1. offer to provide the Transportation Services on an alternative date; or
      2. if you do not want the Transportation Services to be provided on an alternative date, provide you with a full refund of 100% of the Job Fee, and Transportation Costs. (Check the Nightcruiser Booking email)
   2. If the Sub-Contractor is forced to cancel the Transportation Services due to any reason beyond its reasonable control, including Vehicle breakdowns, dangerous weather, road closures, or any government restrictions relating to COVID-19, the Sub-Contractor will offer you an alternative date for the Transportation Services. If the Sub-Contractor and you cannot agree to an alternative date for the Transportation Services where the reschedule is for reasons beyond the Sub-Contractor’s reasonable control, the Sub-Contractor will provide you with a refund of the Transportation Costs and the Visitation Site Costs, minus the Deposit. You acknowledge and agree that our retention of the Deposit is reasonable in these circumstances.   

 

• RISKS AND LIABILITIES

1. 1. INSURANCE

The Sub-Contractor holds relevant insurance. However, the Sub-Contractor does not represent or guarantee that the insurance policies it holds will respond to any claim you may seek to make in connection with the Transportation Services. 

1. WARRANTIES

To the maximum extent permitted by applicable law, all express or implied representations and warranties (whether relating to fitness for purpose or performance or otherwise) not expressly stated in this agreement or a Booking Form are excluded.

Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty, or guarantee which may not lawfully be excluded, then, to the maximum extent permitted by applicable law, the sub-contractor’s liability for breach of that non-excludable condition, warranty or guarantee will, at the sub-contractors option, be limited to:

1. in the case of goods, their replacement or the supply of equivalent goods or their repair; and
2. in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.

1. LIMITATION OF LIABILITY 

The sub-contractor’s liability for all claims in aggregate (whether those claims be for breach of contract, negligence or otherwise, and whether those claims are for economic loss, or for personal injury or other damage) arising under or in connection with this agreement:

1. is excluded, to the extent it concerns liability for indirect, special, and consequential damages, and damages (whether direct or indirect) reflecting personal injury, death, loss of revenue, loss of profits, and loss of goodwill; and
2. is limited, insofar as concerns other liability, to the total money paid to The sub-contractor under this agreement for the Transportation Costs giving rise to the relevant liability. 

1. INDEMNITY

The Client indemnifies The sub-contractor and Nightcruiser from and against all losses, claims, expenses, damages, and liabilities (including any taxes, fees or costs) which arise out of:

1. any breach of this agreement by the Client; 
2. personal injury or death of the Client or any Passenger; or
3. any negligent, fraudulent or criminal act or omission of the Client.

1. CONSEQUENTIAL LOSS

To the maximum extent permitted at law, The sub-contractor will not be liable for any incidental, special, or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits, or revenue arising under or in connection with the Transportation Services.

 

• GENERAL INTERPRETATION 

1. 1. GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applied in Western Australia, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Western Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

1. WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

1. COUNTERPARTS

This agreement may be executed in any number of counterparts. Each counterpart constitutes an original of this agreement and all together constitute one agreement.

1. ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding, or agreement, express or implied, concerning the subject matter of this agreement.

 

• DEFINITIONS 

In addition to capitalised terms defined in the agreement details above, capitalised terms used in this agreement will have the following meanings:

Term	Meaning
Additional Costs	has the meaning given in clause 2.4.
Booking Form	means the Booking Form set out on page 1 of this agreement.
Cleaning Fees	means the cost of cleaning the Vehicle if applicable in accordance with clause 3.4, being $[200].
Departure Time	has the meaning given in clause 3.1(a).
Deposit	means the Deposit as described in the Booking Form.
Passenger	means any person that will attend the Transportation Services that is paid for by the Client.
Transportation Costs	means the Transportation Costs as described in the Booking Form.
Transportation Services	means the guided tour service package as described in the Booking Form.
Vehicle	means the Vehicle as described in the Booking Form.
Visitation Sites	means the places that the Transportation Services will visit as set out in the Booking Form.
Visitation Site Costs	means the Visitation Site Costs as described in the Booking Form.