TERMS AND CONDITIONS

Background:

The Company provides a transport booking and management service, working closely with operators. The Company manages the booking process, allocation of bookings to service operators, and the overall quality of the service provided to customers.

By placing a booking with CBC Bus Charter Pty Ltd, the Customer acknowledges that they have read, understood and agree to accept the Terms and Conditions (the “T & C”) as detailed below.

Where the Customer is an individual, no part of the T & C affects your consumer rights and the T & C are additional to your consumer rights.

In the T & C, the following terms have the meanings ascribed:

‘the Company’ refers to CBC Bus Charter Pty Ltd ACN 649 028 704, its subsidiaries, brands or identities under which the company may trade;

‘the Customer’ and/or ‘the Hirer’ refers to the person and/or organisation making the booking;

‘the Driver’ refers to the driver or drivers of the coach, the coach operator or supplier of the vehicle.

1.Application of T & C

1.1 These T & C shall apply to the Agreement (whether verbal or in writing) and shall be enforceable immediately upon the Company accepting a booking via the Company’s booking system.

1.2 The Hirer shall at all times remain solely responsible for the acts and/or omissions of the passengers permitted to travel by Hirer.

1.3 Any additional costs incurred by the Company during the performance of the Agreement shall be borne by the Hirer irrespective of whether the Hirer travels.

2.Quotations

In relation to quotations:

2.1 All prices are valid as long as the Hirer accepts the quotation.

2.2 Price changes may occur due to reasons outside the Company’s control that increase the cost of the product or service. 

2.3 Where an obvious error has occurred with the quoted/accepted price, the Company reserves the right to advise the Customer of the error and provide an amended price for the journey and void the quote or confirmed booking.

3.Payment

In relation to payments:

3.1 A 20% deposit is required immediately upon the Hirer accepting the quotation to secure the booking.

3.2 All monies must be paid in full before the performance of the booking unless expressly agreed otherwise by the Company in writing.

3.3 If any outstanding monies are due, the Company reserves the right to collect the monies due from the original credit/debit card used by or for the Hirer at any time.

3.4 If any payment is not made by the due date, the Company reserves the right to cancel the booking and any monies paid will be forfeited. In addition, the Company will no longer guarantee the quoted price. 

3.5 All bookings made using credit or debit cards will incur a processing fee.

4.Booking Confirmations and Amendments

In relation to booking confirmations and amendments:

4.1 It is the responsibility of the Customer to check the Booking Confirmation for its accuracy and completeness and the Company shall not accept responsibility for any errors. It is the Customer’s responsibility to ensure that all trip details are complete and correct and at no time shall verbal amendments be considered as confirmation of a change to an existing booking. Additional charges may be required depending on the nature of the booking amendment.
4.2 Any discrepancies found in the Booking Confirmation should be communicated to the Company as a matter of urgency. 

4.3 If a Customer requires an amendment to their Booking, the amendment will only be considered enforceable when the Customer has it confirmed in writing and the Company has acknowledged the amendment with a new Booking Confirmation.
4.4 If an updated Booking Confirmation has not been received by the Customer with the updated details, the Customer will be subject to the terms of the original Booking Confirmation. 

4.5 No amendment can be agreed with the Driver and the Driver does not have the authority to bind the Company in any manner whatsoever.

4.6 On request, the Company can provide an indicative photograph of the type of vehicle being supplied. The photograph supplied is illustrative only and maybe a different make/model with a different livery and appearance to that supplied to the booking.

5.Customer Complaints

The Company operates a customer service improvement programme to make sure that any service issues are dealt with promptly.

In relation to Customer complaints:

5.1 Any complaints must be made in writing in a timely manner and the Company will not accept any complaints or apply compensation for complaints received more than 14 days after the date of travel.

5.2 Any remedies or compensatory measures offered (if any) by the Company are at the strict discretion of the Company.

5.3 The Hirer also agrees that in the event of a dispute arising from a booking, a chargeback request will not be raised through the card issuer or bank.

5.4 Any complaints regarding the condition of the vehicle supplied or its facilities must be supported by photographic evidence.

6.Additional Charges and Surcharges

In relation to additional charges and surcharges:

6.1 Unless it has been agreed otherwise, the hire price will not include tickets, admission charges, ferries, road tolls, entry fees or parking. However, the Company may make these arrangements, on request, on the Customer’s behalf and will do so acting as an agent for the Customer. Consequently, any terms and conditions applicable to that transaction by that supplier (i.e. those relating to payment, cancellation, refunds etc.) would be as binding on the Customer as if they had made these arrangements directly. The Company will not enter into any arrangement on the Customer’s behalf until payment from the Customer to the Company has been made.

6.2 Should the Customer instruct the Driver to, or otherwise make changes to the booking and these changes incur additional costs and charges, either before or during the booking, the Customer accepts full liability for said charges.

6.3 Should the Customer be late for any pickup as set out in the Booking Confirmation, the Hirer will be liable for any additional costs incurred by the Company in providing the Service including, without limitation, the costs of obtaining a replacement vehicle or service if the original becomes unavailable, and obtaining additional Drivers.

6.4 In relation to any departures that take place 15 minutes or later than the scheduled/confirmed pickup time, overtime charges may be levied (from the scheduled/confirmed pickup time) at the rate of $20 inc. GST per 15 mins ($80 inc. GST per hour).

7. Bonds:

In relation to bonds:

7.1 The Company may charge a refundable bond for hires it deems to be at risk of additional charges and or damages (for example: weddings, winery tours, late night and/or party related hires, etc.). 

7.2 The bond can vary between $100 and $300 and is dependent on the nature of the trip and the number of passengers. This can be requested at any point from the date of booking up until the day of travel and is generally paid to the Driver on the day.

7.3 Providing there are no issues, the bond will be returned upon completion of the journey.

8.Use of the Vehicle

In relation to the use of the vehicle:

8.1 The Hirer cannot assume the use of the vehicle between outward and return journeys nor will the vehicle remain at the destination for the Hirer’s sole use unless this has been expressly agreed in writing by the Company. 

8.2 The Company reserves the right to levy additional charges for timings or mileage over and above the original agreement on a pro-rata basis as confirmed to the Hirer at the time of booking.

8.3 The Company reserves the right to subcontract to another operator to perform the hire or to supply a replacement vehicle with the same number of seats. If for operational reasons the Company is compelled to supply a larger coach than required, this will be at no extra charge (unless the number of passengers is increased from the original booking).

9.Breakdown or Delay

In relation to breakdowns or delays:

9.1 The Company may give advice on journey times in good faith, but cannot guarantee that the journey is completed by a specific time and cannot accept any responsibility or liability whatsoever for traffic congestion, road accidents, adverse weather conditions, compliance with requests of the police, customs or other government officials and security services or other matters outside its reasonable control and will not be liable for any inconvenience or loss incurred caused by a breakdown or unforeseen delay be that en-route to pick up the Hirer or en-route to the booking destination.

9.2 The Hirer should consider insuring against such risks if journey times are particularly crucial, for example, for the commencement of an event.

10.Route Taken

10.1 Unless the Hirer has advised of a particular route and specified it at the time of booking, the route taken will be entirely at the discretion of the Company or Driver according to road, traffic and weather conditions at the time of travel.

10.2 The vehicle will depart at the times agreed by the Hirer at the time of the Booking Confirmation; no price discount shall be given if the route chosen is not actually the shortest.

10.3 All pick-up and drop-off locations and routes of travel must be legal points for embarkation and disembarkation and suitable for the vehicle utilised. Where that is not the case, the driver will advise the Customer of the nearest pick-up or drop-off location that meets this requirement, or take the route of travel required to meet this requirement.

10.4 Stops will be made at suitable points to satisfy legal requirements regarding breaks and rest for Drivers. It is the Hirer’s responsibility to account for all passengers at those times. The Company cannot accept liability for any losses incurred by passengers who fail to adhere to the Hirer’s instructions.

10.5 Any changes requested to the route by the Customer shall be at the Driver’s sole discretion and the Driver may charge an additional fee if additional drop-off points are requested and agreed by the Driver.

11.Passenger Numbers

In relation to passenger numbers:

11.1 The vehicle supplied by the Company will take into account the number of passengers specified at the booking time.

11.2 The Customer must ensure they specify the correct information at the time of the booking and inform the Company as soon as possible if there are any changes.

12.Property

12.1 The vehicles are subject to statutory safety restrictions on the carriage of luggage and the Driver has sole authority to decide whether the property is suitable to be carried on the vehicle.

12.2 Whilst the Company will take all reasonable care with passenger’s property, it cannot accept liability for any damage to, or loss of that property being carried on the vehicle.

12.3 The Company strongly recommends that no valuables should be left on the vehicle at any time, even if the vehicle is locked.

12.4 The Company does not accept responsibility for any loss of or damage to property left on the vehicle after hire.

12.5 Property found on the vehicle after hire will be held at the vehicle’s operating base for a maximum period of 30 days. It is the Hirer’s or the passenger's responsibility to collect the property and any costs incurred to collect the property are to be borne by the Hirer or passenger. Property is to be collected at a time agreed by the Company and the Hirer or passenger.

13.Cancellation by Hirer

In relation to cancellations by the Hirer:

13.1 All requests for cancellations must be made in writing.

13.2 Should the Hirer wish to cancel a booking the following terms and charges shall apply:

(a) in the event of cancellation by the Hirer, all deposits are non-refundable;

(b) 48 hours or more before the initial date of travel – no cancellation fee will be charged except the deposit;

(c) between 48 hours and 24 hours before the initial date of travel – a charge equivalent to 50% of the total order value shall be applied;

(d) less than 24 hours before the initial date of travel – 100% of the total booking amount will be charged.

14.Cancellation by the Company

In relation to cancellations by the Company:

14.1 In the event that the Company is unable to provide a vehicle or vehicles to meet all or part of the Customer’s booked requirements due to reasons of emergency, vehicle unavailability, or other reason, the Company will take all reasonable measures to provide a replacement or alternative solution. If this is not possible, the Company reserves the right to return all monies paid and, without liability, cancel the booking providing the Customer with as much notice as possible. In such circumstances, the Company shall have no liability for any inconvenience or loss incurred and will not be liable for any direct or consequential costs howsoever arising. It is strongly recommended that the Customer should consider insuring against this risk.

15.Purpose of Journey

15.1 The Company must be notified of the purpose of the journey, including but not limited to bookings for sporting events, music festivals or political demonstrations and rallies at the time of booking. There may be specific legal or other requirements that could affect the booking.

15.2 Failure to notify the Company correctly of the nature of the journey will be construed as a breach of contract and at the Company’s absolute discretion may lead to termination of the booking without compensation or refund.

16.Force Majeure

Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its reasonable control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections, strikes, pandemics, including, without limitation, failure of suppliers, subcontractors, and carriers, bad weather, and/or any other cause beyond the reasonable control of the party whose performance is affected to substantially meet its performance obligations under this Agreement.

17.Driver’s Hours

Driver’s Hours (Fatigue Management) and rest periods are strictly regulated by Australian state and federal government law and therefore:

17.1 the Hirer accepts responsibility for timings agreed at confirmation of booking. The Hirer accepts that neither they nor their passengers shall delay or interrupt the journey in such a way as to cause the Driver to breach Driver’s Hours regulations and must adhere strictly to all collection times contained in the Booking Confirmation. If any breach is likely to occur the Hirer agrees to pay any additional costs incurred.

17.2 If delays occur for whatever reason, the Company may take whatever action is deemed necessary for the Vehicle in order to comply with the law.

17.3 Where delays do occur, the Company cannot be held responsible for any losses arising as a result of those delays or non-performance of the services unless they are due solely to the negligence of the Company.

18.Passenger Conduct

In relation to passenger conduct:

18.1 It is incumbent upon the Hirer and the Hirer’s party of passengers to behave in a proper manner for the duration of their journey.

18.2 The Driver is responsible for the safety of the vehicle and as such may refuse to allow a passenger or passengers to board the vehicle or eject them from the vehicle if, in the Driver’s sole discretion, the passenger is considered unfit to travel for whatever reason (for example, being intoxicated, aggressive or abusive). The Driver may refuse to continue a journey if, in the Driver’s sole discretion, the Driver considers any passenger to be behaving in such a way that may compromise the safety of other persons, the contents of the vehicle or the vehicle itself. In such event, at the Driver’s sole discretion, the journey may continue once the passenger or passengers have been removed from the vehicle, but should passenger conduct result in summary termination of the journey, the company reserves the right to cancel any other parts of a booking, and in such circumstances the forfeiture of any monies paid, and no claims for compensation or refund in either whole or part shall be considered.

18.3 Any damage caused to the vehicle by the Hirer or any of the passengers shall be the responsibility of the Hirer and the Hirer shall be liable for all related costs.

19. Alcohol, Tobacco or Drug Consumption

19.1 No open alcohol or glass products are allowed in the vehicle at any time.

19.2 All vehicles are strictly non-smoking by law.

19.3 Non-compliance with a Driver’s request for passengers to refrain from drinking alcohol, the smoking of tobacco or consumption of illegal narcotics may result in summary termination of the journey, cancellation of any other parts of a booking and, in such circumstances, the Hirer shall remain liable for any sums due under this Agreement and the Company shall have no liability to the Hirer and no refunds shall be provided.

20. Animals

20.1 With the specific exception of recognised assistance dogs, (which includes guide dogs), no animals are permitted to be carried on any vehicle booked under the terms of this Agreement, unless specific permission has been obtained in writing from the Company prior to the commencement of any journey. 

20.2 The inclusion of this clause should not be taken to imply that permission will be given for the carriage of animals other than recognised assistance dogs, and specific requirements may be given with regards to restraint of aforesaid animals to ensure safe transit of any animals for which permission is given. Failure to comply with any reasonable requirements may result in summary termination of the journey, removal of the animal from the vehicle and additional charges for any damages or mess left in the vehicle.

21.Limitation of liability

21.1 Subject to the remaining provisions of this clause, the Company’s liability to the Hirer under or in connection with this Agreement for all and any direct loss or damage arising from any one incident or series of connected incidents is limited to the booking value.

21.2 Neither the Company nor the Hirer excludes or restricts in any way its liability under or in connection with this Agreement for death or personal injury caused by its negligence or to any extent not permitted by law.

21.3 The Company shall not be liable to the Hirer (whether in contract, tort, or under any statute, for misrepresentation or otherwise including in each case negligence) and whether or not the Hirer was advised in advance of the possibility of such loss or damage, for:

(a)   any of the following types of loss or damage whether direct, indirect or consequential howsoever arising under or in connection with this Agreement or any part of it: loss of profit, loss of revenue, loss of anticipated savings, loss of opportunity, loss of business, wasted expenditure, loss from business interruption, loss or destruction of data, loss of contracts, loss from the expenditure of time by managers and employees, liability to third parties, pecuniary losses arising from goodwill, or loss of or damage to goodwill; or

(b)  any indirect or consequential losses whatsoever.

21.4 Nothing in this clause or this Agreement excludes or limits the Customer’s liability to pay (without set-off) the charges or any Additional Charges.

22.General Matters:

Enforceability

22.1 If any provision or term of the T & C shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be deleted but all other terms will remain valid.

Governing Law

22.2 The T & C, together with any Booking Confirmation, shall be subject to and construed in accordance with the laws of the State of Victoria, Australia. The parties hereby agree to submit to the non-exclusive jurisdiction of the courts of the State of Victoria.

Covid-19

22.3 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 the Company will not be liable for any costs associated therewith.