Terms and Conditions

BETWEEN: 
BUS AND COACH CHARTER PTY LTD ACN 668 799 700 of Level 2B, 818
Whitehorse Rd, Box Hill, Victoria 3128 (Also referred to as Us, We and Our))

AND You (Also referred to as Your and Yourself)

1. Acceptance and agreement

You fully acknowledge and agree that:
a. These Terms and Conditions are accepted by you and amount to a written contract between You and Us, upon You requesting a quote from Us and or receiving a confirmation of Your Booking, AND
b. You will comply with these Terms and Conditions, and you will ensure any and all passengers are aware of and will comply with these Terms and Conditions.

2. Booking

You acknowledge and agree that:
Confirmation
a. We will confirm the Booking Fee once you make and confirm the Booking.
b. The Booking Fee is for the Operator and the Vehicle only, unless otherwise directed and notified in writing by Us.
c. You must provide us with all relevant information and or document requested by Us, in a timely and reasonable manner, but no later than we may have stipulated.
d. You must immediately ensure that the Booking is entirely accurate and complete.
e. You must notify Us of any inaccuracy or error in the Booking the same day as the Booking Confirmation Date.
f. Any matter, item or thing not referred to or forming part of the Booking cannot be relied upon by you.

Changes or amendments
g. You must notify Us of any change or amendment to any part of the Booking immediately You become aware, or ought to have been aware, of any real or potential circumstance, event or matter pertaining to a change or amendment.
h. You must notify Us in writing of a change or amendment:
i. We may provide a new Booking; ii. Any Additional Booking Fees must be paid by You prior to confirmation of the new Booking.
i. You must not request the operator or any other person to change or amend any part of the Booking.
j. If We cannot provide a new Booking then You may request a cancellation of the original Booking, subject to any cancellation fee set out under these Terms and Conditions.

Warranties
You warrant the following:
k. The Booking and Booking Fee is only for the use of the Operator and the Vehicle and does not include any additional fees and charges including, but not limited to, admission, tickets, tolls, ferries, accommodation, fuel surcharges and parking;
l. The dates, times and durations of all journeys are advisory only and based on known facts at the relevant time, and We will make reasonable efforts to meet the advisory times in good faith.
m. We do not guarantee Your pick-up, departure or arrival date or time advised in a Booking, and no reliance should be made on any dates or times contained in Our Booking.
n. The seats available are only for those set out in the Booking irrespective of the Vehicle actual capacity;
o. The Booking time is based on 24 hour time measurement of time and a Booking for a
Journey for 00:00 time on a specified day is the night of the previous day;
p. The Operator and Vehicle may be subject to risks, traffic congestion, roadworks, road diversions, weather, other vehicle mechanical breakdowns and accidents that may hinder, impede, delay or prevent meeting any scheduled times stipulated in the
Booking;
q. All departure and journey times provided by You in any Booking are accurate and You have accounted for adequate additional time needed for any real or potential delay, obstruction, unforeseen event or any other potential risk or loss;
r. You must ensure You and all other passengers are ready, available, and present at the correct pick-up location at least 10 minutes before any scheduled departure time.
s. You must board the Vehicle immediately on request by the Operator.
t. All information provided by You regarding the travel, purpose and Vehicle requirements are relevant and accurate;
u. You have not provided any misleading or inaccurate information or otherwise withhold any information that you reasonably know, or ought to know, is or may be relevant in connection with the Booking;
v. The Vehicle must not travel on roads or roadways that are unreasonably obstructed or otherwise will hinder, impede, or prevent the Operator or Vehicle from completing the Booking and journey including, but not limited to, weight-restricted bridges or roads, unsealed roads, narrow access points, overhanging trees or wires, low-level underpasses, or roads with unsafe turns or inclines for the Vehicle type booked for a
Journey;
w. The Vehicle may not be able to pick You up or drop you off at the exact specified location in the Booking due weather, road closures, accidents, unsuitable roads, or any other factors the Operator or Us think is a potential risk to You, Vehicle, Operator or others. You may be picked-up and or dropped off at the nearest, safest, and most suitable location as an alternative at Our discretion;
x. The Operator may suffer an unforeseen or unexpected illness or medical emergency that may prevent, inhibit or delay scheduled pick-up or arrival times, and You acknowledge this is a real and known risk and agree We are not liable for any loss suffered by You or any other person under these circumstances. You will seek any loss suffered directly from the Operator or Vehicle owner;
y. The Vehicle may suffer and an unforeseen or unexpected event, accident, or mechanical fault, that may prevent, inhibit or delay scheduled pick-up or arrival times, and You acknowledge this is a real and known risk and agree We are not liable for any loss suffered by You or any other person under these circumstances. You will seek any loss suffered directly from the Operator or Vehicle owner.

3. Payments

You acknowledge and agree that:
Deposit
a. You must pay a Deposit to Us to confirm the booking, in an amount requested and at a time requested by Us, but no later than 21 days before the intended travel.
Bond
b. You may be required to pay a Bond to Us prior to travelling, in an amount specified by Us up to $200 per Vehicle, for the prior approval of: i. The carrying of animals; ii. Consumption of food or drinks by You on the Vehicle; iii. The carrying of any bulk liquids, materials or any other items that have the potential to damage or dirty the Vehicle; iv. Particular types of events You are attending, or the purpose of the Journey, that carry a higher risk to the Vehicle cleanliness, at our sole discretion.
c. You may be immediately required to pay a higher Bond to Us prior to boarding, in an amount specified by Us up to $500 per Vehicle, where you failed to obtain prior approval for the above listed reasons;
d. You may be immediately required to pay Us a Bond, prior to boarding or at any time during a Journey, an amount specified by Us up to $2,500 where You or the passengers fail to comply with any obligations under these Terms and Conditions, or their conduct presents an unacceptable risk to the Vehicle, Operator, Us or any other person or property.
e. If You refuse or fail to pay a Bond in full at the time requested by Us, Your Booking will be cancelled, and cancellation fees will be charged.
f. The Bond amount paid to Us will be refunded to You, in full, within 7 days after completion of the Booking, providing:
i. You caused no damage or soilage to the Vehicle or other property; ii. You caused no injury to the Operator, Us or any other person;
iii. You caused no delay, additional costs, loss or expenses for the Operator, Vehicle, Us or any other person
g. The Bond amount paid to Us may not be refunded, in full or part, where damage, soilage, injury, delay, loss, or expenses have been suffered or incurred by Us, Operator, Vehicle or another person.
h. We do not hold any responsibility or accountability for any Bond not paid directly to Us.

Booking Fees and charges
i. You must pay the full Booking Fee and any other charges to Us on the later of:
i. 14 days prior to the Journey Date; ii. The same day of making the booking.
j. If there is a prior written credit arrangement or account facility between You and Us, You must will pay the Booking Fee and other charges to Us within seven (7) days of receipt of each related Invoice.
k. We are permitted to charge for all costs and expenses incurred in connection with these Terms and Conditions. You must pay for such all costs and expenses to Us within seven (7) days of receipt of each related Invoice.

Outstanding payment
l. If You do not make payment of any money payable by You to Us by the respective due date, We are entitled to do any or all of the following:
i. Charge interest on the respective outstanding amount at the rate of 15.00% per year, accruing daily;
ii. Charge a late payment fee of $75.00 irrespective of the outstanding amount.
m. Immediately suspend or cancel any other Booking You have made with Us, and charge You a cancellation fee relevant to when the Booking was cancelled by Us.

4. Journey

You acknowledge and agree that:
a. Subject to the payment of amounts due and payable by You pursuant to these Terms and Conditions, We will arrange the occurrence and completion of a Journey in accordance with these Terms and Conditions.
b. We are entitled to substitute any Vehicle for another vehicle or vehicles of similar capacity and safety at Our absolute discretion. If We are operationally compelled in the circumstances to provide a Vehicle of a higher standard or greater seat capacity, You will not be charged for any difference (unless You increase the number of passengers from the Booking).
c. Unless You specify a particular route in the Booking, the route taken will be at the discretion of the Operator and Us.
d. Unplanned vehicle stops may occur throughout a Journey at the sole discretion of the Operator.
e. The Operator will stop for breaks, when safe and reasonable to do so, if You specifically requested and allowed for the time in the Booking.
f. We may alter the Vehicle, venues, meals, itineraries (including the number of locations to be visited), and other options at any time and You will be notified of such change as soon and as reasonably practical.
g. The Operator and Vehicle are not available for use other than as stipulated in the Booking.
h. If You leave a personal item or luggage on a Vehicle:
i. We will make all reasonable efforts to notify You of the unclaimed luggage; ii. Collection of the item or luggage will be your sole responsibility;
iii. You will be responsible for any freight fees and charges incurred in transporting the item or luggage to another location;
iv. A lost item or luggage may be stored at lost property for a period of 14 days. Should the item remain unclaimed or not picked up, at the expiry of that storage period, the item will be disposed of at the absolute discretion of Us;
v. We will not be liable for any Loss or inconvenience incurred by You; vi. We will not be responsible for any personal belongings left on the Vehicle at any time during or after the Journey.
i. The Booking may be cancelled, You may be refused boarding or You may be removed from the Vehicle during a Journey if You or any other passengers:
i. Behave in an offensive, disruptive, intimidatory, threatening, violent, aggressive, unlawful manner or may potentially pose:
1. A threat to themselves, other passengers, the Operator, or property; or
2. An unacceptable distraction to the Operator or risk to safe driving conditions;
ii. On reasonable assessment, appears to be under the influence of alcohol or any other drug or appears to be in possession of any unlawful substance;
iii. Are afflicted by an infectious disease that poses risks to other passengers; iv. Are observed smoking or attempting to smoke a cigarette on board a vehicle, including any onboard toilet facility;
v. Fail to comply with any applicable laws, rules, regulations, or reasonable requests by the Operator or Us;
vi. Fail to comply with any or all Terms and Conditions, at Our sole discretion.

Warranties
We do not warrant that:
j. The Vehicle will depart or arrive at the specified dates or times in the Booking;
k. We will be responsible for any delay in a Journey where safety or an obstruction dictates a change in the route that may incur additional time;
l. We will be responsible for any delay or non-completion of a Journey or Booking, where the Vehicle is hindered or prevented from traveling by any matter or thing referred to under the Terms and Conditions.
m. We will be responsible for non-completion of a Journey or Booking, where the Vehicle is hindered or prevented from traveling by any matter or thing that was not notified by
You before a Journey Date;
n. Any result or objective can or will be achieved or attained at all by a given completion date or any other date, whether stipulated in these Terms and Conditions or elsewhere.
o. We will be responsible for any foreseeable or potential loss You suffer as a result of any delay or incompletion of a Journey or Booking.

5. Delay

You acknowledge and agree that:
a. You must immediately, but no later than 1 hour before a booked Journey departure time, notify Us of any potential delays to departure.
b. Where You have contacted us in compliance with the Terms and Conditions, to notify Us of a delay of between 15 to 30 minutes from a booked Journey departure time, We may continue with the Booking only on the conditions that you immediately pay Us a further fee of $75.00 per Vehicle and the delay will not cause cascading delays to other related or unrelated bookings.
c. Where You have contacted us in compliance with the Terms and Conditions, to notify Us of a delay of between 31 to 60 minutes from a booked Journey departure time, We may continue with the Booking only on the conditions that you immediately pay Us a
further fee of $150.00 per Vehicle and the delay will not cause cascading delays to other related or unrelated bookings.
d. Where You have contacted us in compliance with the Terms and Conditions, to notify Us of a delay in excess of 1 hour from a booked Journey departure time, We may continue with the Booking only on the conditions that you immediately pay Us a further fee calculated by Us at the time, and the delay will not cause cascading delays to other related or unrelated bookings.
e. If You refuse or fail to immediately pay any additional fees due, or the delay will cause unacceptable risks to other related or unrelated bookings of the Operator or Vehicle, or you fail to board at any agreed new departure time, Your Booking will be cancelled and subject to Cancellation Fees as set out under the Terms and Conditions.
f. Where You cause or significantly contribute to the delay of Your scheduled departure by more than 15 minutes, and you fail to provide Us at least 1 hours notice of any delay, Your Booking may be cancelled at Our sole discretion and be subject to cancellations fees under the Terms and Conditions.
g. You must reasonably plan for potential delays, develop an understanding of the associated risks travelling on charter services and public roads, and take all steps to avoid unnecessary foreseeable loss, and purchase travel or other available insurances to cover You for any potential loss.
h. Where We are unable to provide a Vehicle on a particular Journey or for the entire Booking, excluding Force Majeure, We may elect to cancel the Journey or Booking and issue a refund for any incomplete portion of the Booking, less any Cancellation fees due and payable under the Terms and Conditions.

6. Your obligations

You acknowledge and agree that You (and any other persons associated or travelling under Your Booking) must:
a. Inform Yourself and comply with all the Terms and Conditions.
b. Inform others intending to travel on Your Booking of these Terms and Conditions, the required compliance, and provide a link to them on Our website, or print a copy and email to them prior to confirming the Booking or travelling.

Your cooperation with Us as reasonably necessary
c. Provide the information and documentation that We request and when We request.
d. Ensure that You allow enough time for contingencies and obtain insurance to allow for any foreseeable or unexpected disruptions, delays, cancellations, expenses and loss potentially associated with a Booking.

Your Conduct
e. Remain immediately contactable with Us and the Operator, by phone, within 60 minutes of any Journey pick-up or departure time.
f. Arrive 15 minutes prior to the Departure Time ready to board and depart on time.
g. Present the Operator prior to boarding, and on any further request throughout the Journey, an original currently valid identification documents as follows:
i. Australian drivers licence; ii. Australian Proof of Age Card;
ii. Australian Government Identification (employee card); ii. Australia Passport;
ii. Medicare Card, AND either a Debit Card or Social Security Card (Health Care Card, Seniors Health Care Card, Pension Card);
v. Other identification document (ID) pre-approved by Us in writing.
h. Notify Us of any flight number and scheduled arrival time and allow for an adequate and reasonable time for disembarking the flight, baggage claim, security screening, passport control, customs, and biosecurity clearance.
i. Conform to minimum dress standards on any Journey including adequate footwear.
j. Not consume food and beverages (excluding water) unless authorised by Us in writing, or as directed by the Operator on any Vehicle and subject to any Bond payable.
k. Not become intoxicated throughout a Journey to where you pose a risk to Yourself, others or property.
l. Not smoke in any Vehicle and within 30 meters of the parked Vehicle.
m. Engage and behave in a safe, respectful, and courteous manner whilst in and around any Vehicle and towards the Operator and Us.
n. Return and board the Vehicle at the designated time allocated by the Operator during a Journey.
o. Not cause any injury or damage to property (real or personal) or any other person.
p. Permit and consent to any telephone call between a Us and You to be recorded.
q. Cooperate fully with Us, and to provide Us with a statutory declaration, details, information, documents, photos, video, recordings and any other materials we deem relevant to any investigation We may conduct in relation to any complaint or alleged breach of these Terms and Conditions.
r. Inform us by phone immediately of any serious Operator and Vehicle safety or security concerns to allow us to take immediate and timely action to investigate, mitigate, remediate, and resolve serious matters that place You or others at serious risk.
s. Contact us by phone immediately if the Operator has not arrived by the due departure time.
t. Lodge all general complaints in writing within 24 hours of the incident, issue or matter you are concerned about.\
u. You must immediately inform Us by phone of any matter you known, or ought to know, that has a potential to cause you loss, harm, injury or delay, to enable Us the earliest opportunity to mitigate and remedy the matter.
v. Lodge, by email, any claim for compensation no later than 24 hours of the Journey that the compensation pertains too. The claim must outline any allegations and stipulate all relevant facts surrounding the matter. You must also attach a statutory declaration
from You and all other witnesses you intend to rely on, and all other evidence, information, documents, photos, videos, recordings and materials potentially relevant to the matter for our consideration and investigation.

Assistance animal
w. Disclose in your Booking whether you will have an assistance animal traveling with you throughout a Journey and details of certification from an accredited training session.
x. Ensure that the assistance animal is trained for travel and appropriately restrained for the entire duration of a Journey.
y. Supply absorbent matting and meet the assistance animal’s needs for the entire duration of a Journey.
z. Be responsible for the cleaning or costs associated with any damage or soilage to the Vehicle and other property caused by the animal.
aa. No Bond will be payable where sufficient information has been provided to Us to enable prior approval to the Journey, and the above conditions will be complied with.

Luggage
bb. Correctly and accurately declare the quantity, type, weight and size of Your luggage requirements at the time You make the Booking.
cc. Make alternative transport arrangements for excess luggage or immediately pay Us any agreed additional fee if We agree to transport the excess luggage.
dd. Be and remain responsible for the care, safety and security of all luggage, carry-on luggage, and personal items and valuables.
ee. Obtain insurance coverage for any and all items over $200, either separately or combined, for the entire Booking. ff. Do not leave any luggage, carry-on luggage, and personal items unsecured or unsupervised at any time.
gg. Ensure that you do not hold or possess any luggage or items that is unsafe, hazardous, likely to be damaged during a Journey, or likely to cause harm to other property or persons.

7. Non-disparagement

You acknowledge and agree that You must not directly, indirectly or expressly:
a. Do anything which materially damages, or is likely to materially damage, Our reputation.
b. Make or publish any negative, adverse, denigrating or otherwise disparaging representation, statement, remark or comment about Us, that may reasonably be expected to bring, or intended to have the effect of bringing, Us into disrepute.
c. Cause, permit, induce or encourage any other person to disparage or otherwise make any statement or publication or remark or comment about Us that may or may be likely to injure Our reputation.
d. Civil claims and proceedings before any Court in compliance with these Terms and Conditions, so long as it is not vexatious or malicious, are not a breach of Clause 7.
e. Clause 7 survives termination of these Terms and Conditions.

8. Liability
You acknowledge and agree that:
a. To the fullest extent permitted under law, Our total aggregate liability for any and all Claims and Loss incurred by You or any other person arising pursuant to, or in connection with, these Terms and Conditions is at all times limited to the Booking Fees paid or payable under these Terms and Conditions, where You have not breached any of the Terms and Conditions.
b. To the fullest extent permitted under law, Our total aggregate liability for any and all Claims and Loss incurred by You or any other person arising pursuant to, or in connection with, these Terms and Conditions is at all times limited to 10% of the Booking Fees paid or payable under these Terms and Conditions, where You have breached any Terms and Conditions.
c. Pursuant to section 64A of the ACL, this clause applies in respect of any services supplied under these Terms and Conditions which are not of a kind ordinarily acquired for personal, domestic, or household use or consumption, provided that this clause will not apply if You establishes that reliance on it would not be fair and reasonable. These Terms and Conditions are to be read subject to any law which prohibits or restricts the exclusion, restriction, or modification of any implied warranties, guarantees, conditions, or obligations. If such law applies, to the fullest extent permitted, We limit Our liability in respect of any Claim and Loss incurred in the case of services, to any one (1) of the following as determined by Us:
i. The supplying of the services again; or ii. The payment of the cost of having the services supplied again.
d. You acknowledge and agree no statement or representations made by Us, amount to an implied or expressed promise of enjoyment by Us to You. You agree we do not offer any promise of enjoyment in the use or connection of our services.

9. Risk and indemnities

You acknowledge and agree that:
a. To the fullest extent permitted by law, and notwithstanding anything else in these Terms and Conditions, You must indemnify and keep Us indemnified against any Loss sustained or incurred, or any Claim brought by You or any other person as a result, whether directly or indirectly, of:
i. Any breach, default, or non-performance of a term of these Terms and Conditions by You; ii. Any act or omission (including negligent acts or omissions) by You.
b. Clause 9(a) of these Terms and Conditions applies irrespective of whether We breach any term of these Terms and Conditions.
c. To the extent that the indemnity in clause 9(a) of these Terms and Conditions is by law void or unenforceable, the indemnity will apply, however, will be reduced to the extent the Loss arises from, or is contributed to by, the gross negligence or a wilful or deliberate act by Us.
d. Each indemnity in this clause 9 is a primary obligation and We are not obliged to proceed against or enforce any other right against any person or property or demand payment from any other person before making a demand for payment by You under these Terms and Conditions.
e. Your obligations under clause 9 are absolute and unconditional. They are not subject to any set-off, counterclaims, or conditions. In particular, Your obligations will not be affected by anything which might abrogate, prejudice, or limit them or the effectiveness of these Terms and Conditions.
f. If any transaction or payment under these Terms and Conditions is void, voidable, or otherwise unenforceable or refundable:
i. We are entitled against You to all rights under these Terms and Conditions and
any collateral security that it would have had if the transaction or payment had not occurred or been made, as the case may be; and
ii. You must do all things and sign such documents necessary to restore to Us Our rights under these Terms and Conditions or any collateral security immediately before that transaction or payment.
g. You must make payments to Us under this clause 9:
i. On demand;
ii. In immediately available funds and without any Claim, set-off, counterclaim, condition or, unless required by law, deduction or withholding.
h. Clause 9 survives termination of these Terms and Conditions.

10. Force Majeure Event

You acknowledge and agree that:
a. If the performance of these Terms and Conditions are prevented or hindered by a Force Majeure Event then only We are excused from its duty to perform these Terms and Conditions and no other Party.
b. We (and no other Party) has no liability whatsoever in connection with any breach of a term of these Terms and Conditions for any delays or failures in performance of these Terms and Conditions which result from or in connection with a Force Majeure Event.

11. Suspension

You acknowledge and agree that We may suspend the performance of all of its obligations under these Terms and Conditions with immediate effect by giving notice to You if You breach any term of these Terms and Conditions.

12. Termination

You acknowledge and agree that:
Termination by Us
a. We may terminate any of Our obligations under these Terms and Conditions at any time with immediate effect by giving notice to You if:
i. You breach any of clauses 2, 3, 4, 5, 6, and 7 of these Terms and Conditions; ii. You breach any other term of these Terms and Conditions and You can not, or do not remedy within 14 days of receiving notice from Us to remedy such breach;
iii. You otherwise commit a material, serious or fundamental breach of a term of these Terms and Conditions;
iv. You repudiate these Terms and Conditions;
v. You become unable to pay any debt or amount as they become due and payable to any person.

Termination by You
b. You may terminate these Terms and Conditions at any time, and for any reason whatsoever, with immediate effect if you: i. giving written notice to Us;
ii. Comply with all Your obligations under the Terms and Conditions up until and including the date of your notice; and
iii. Immediately pay any amount owed to Us without delay, but no later than the date of effect stipulated in Your notice.
c. You may terminate these Terms and Conditions at any time with immediate effect by giving notice to Us if We breache any term of these Terms and Conditions and do not remedy within 14 days of receiving notice from You to remedy such breach.

On the Termination Date
d. On the Termination Date:
i. We may:
1. Retain the Deposit paid by You; or
2. If the Deposit has not been paid in whole or in part, recover and forfeit the Deposit from You without prior demand.
ii. We will stop performing our obligations under these Terms and Conditions; iii. You must immediately pay all amounts due and payable to Us without prior demand, and not as a penalty;
iv. We may set off any amounts that You owe Us against any amounts payable by Us calculated as at the date of termination, except for amounts We are not entitled by law to set off.

Accrued rights and remedies
e. Termination of these Terms and Conditions for any reason whatsoever does not affect Our rights to enforce its accrued rights any right to recover damages for any prior breach including the breach on which termination of these Terms and Conditions was based, and all amounts due and payable to Us due on and after the Termination Date.
f. Clause 12 of these Terms and Conditions survives termination of these Terms and Conditions.

13. Compensation

You acknowledge and agree that:
a. Any compensation offered by Us is:
i. A gesture of goodwill; ii. At Our sole discretion; iii. Not an admission of liability; iv. Not admissible in a court;
v. Not to be disclosed or published by You, to any other person, in any manner or format; and
vi. A bar to any legal proceedings in any court, if accepted by You.
b. You agree to compensate Us for:
i. Any injury, loss, damage or suffering by Us, Operator Vehicle and any other person; that was
ii. Caused, contributed, or allowed by Your action or inaction; and iii. As a result of Your breach of the Terms and Conditions.

14. Cancellations

You acknowledge and agree that:
a. If you do not proceed with your booking, fail to make a payment of any Deposit, Booking, Bond or other fees due, or change Your mind, We do not offer refunds or credits unless stipulated in these Terms and Conditions. All requests for cancellations must be made by You in writing.
b. We may charge a cancellation fee as follows:
i. Bookings cancelled by You 7 days or more prior to travel: 0% of the value of the Booking;
ii. Bookings cancelled by You 5 days or more prior to travel: 50% of the value of the Booking;
iii. Bookings cancelled by You 3 days or more prior to travel: 75% of the value of the Booking;
iv. Bookings cancelled by You less than 3 days prior to travel: 100% of the value of the Booking;
v. Bookings cancelled by Us, at any time, as a result of Your non-compliance of any of the Terms and Conditions: 100% of the value of the Booking;
vi. Bookings cancelled by Us, at any time, for any other reason: 0% of the value uncompleted Journey.
c. In addition to any cancellation fee charged by Us, You will also be responsible for payment of any cancellation fees or charges levied by third parties (such as venue or accommodation providers) in line with their cancellation policy that may be relevant to Your Booking or Journey.
d. Any charges for credit or debit card processing, bank transfers, international currency exchange, or other processing fees incurred by Us are non-refundable, and We reserve the right to deduct any such fees or expenses incurred by Usin the processing of the refund to you.

15. Privacy and data protection

You acknowledge and agree that We will handle (including collection, storage, use and disclosure) Your Personal Information and related data in accordance with Our Privacy Policy.

16. Other warranties

Each Party warrants to the other Parties in respect of their own position that:
a. They have full legal capacity to enter into these Terms and Conditions and to perform all their terms.
b. They have had adequate opportunity to obtain competent legal and other professional advice concerning the terms and effect of these Terms and Conditions.
c. They have had the opportunity to negotiate the terms of these Terms and Conditions.
d. They consider the terms of these Terms and Conditions are fair in all of the circumstances.
e. They enter into these Terms and Conditions voluntarily without duress.
f. The terms of these Terms and Conditions are binding upon them according to their terms.

17. Remedy

You acknowledge and agree that:
a. Damages are not necessarily an adequate remedy if there is a breach of any of clauses 4, 5, 6, 7, 9 and 10 of these Terms and Conditions.
b. We may apply for injunctive relief if there is a breach or threatened breach of any of clauses 4, 5, 6, 7, 9 and 10 of these Terms and Conditions or We believe a breach is likely.
c. We may also seek specific performance, an account of profits, equitable compensation, equitable damages or any other relief available at law or in equity as a remedy for a breach or threatened breach of any of clauses 4, 5, 6, 7, 9 and 10 of these Terms and Conditions.

18. General

You acknowledge and agree that:
Appointment and relationship
a. Our obligations under these Terms and Conditions will be performed as an independent contractor.
b. Nothing in these Terms and Conditions constitutes any relationship of employer and employee, partnership, fiduciary, trustee and beneficiary, or joint venture between Us and You, or any of their Associates.
Entire agreement
c. These Terms and Conditions constitutes the entire agreement between the Parties as to their subject matter and supersedes all prior understandings or agreement between the Parties and any prior condition, warranty, covenant, indemnity, or representation given, made or imposed by a Party in connection with the subject matter of these Terms and Conditions.
Counterparts
d. These Terms and Conditions may be executed in any number of counterparts each of which will be an original, but such counterparts together will constitute one (1) and the same instrument.
Variation
e. Subject to any other term of these Terms and Conditions, these Terms and Conditions may only be altered in writing, signed by each Party.
Severance
f. If it is held by a Court of competent jurisdiction that:
i. any part of these Terms and Conditions is void, voidable, illegal or unenforceable; or
ii. these Terms and Conditions would be void, voidable, illegal or unenforceable unless any part of these Terms and Conditions was severed,
then that part will be severable from and will not affect, or derogate from, the enforceability or validity of the Parties’ rights or obligations or the continual operation of the rest of these Terms and Conditions.
No waiver
g. The failure of a Party to require full or partial performance of a term of these Terms and Conditions does not affect the right of that Party to require performance subsequently.
h. A single or partial exercise of or waiver of the exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy.
i. A right under these Terms and Conditions may only be waived in writing signed by the Party granting the waiver and is effective only to the extent specifically set out in that waiver.
Jurisdiction
j. The proper law of these Terms and Conditions is the law of the Commonwealth of Australia and in particular the State of Victoria, and the Parties submit to the nonexclusive jurisdiction of the State of Victoria.
Costs
k. Each Party must bear and is responsible for their own costs in connection with the preparation, negotiation and execution of these Terms and Conditions.
Notices
l. A notice or other communication to a Party must be in writing and delivered to that Party (or legal representative) in one (1) of the following ways:
m. Delivered personally; or
i. Posted to their address when it will be treated as having been received on the fourth (4th) day after posting; or
ii. Sent by email to their email address when it will be treated as received when it enters the recipient’s information system.

Legal process and documents
n. Any legal process, legal document and court document may be served or given by a Party on the other Party in one (1) of the following ways: i. Delivered personally; or
ii. Lodged at the other Party’s address referred to in these Terms and Conditions; or
iii. Posted to the other Party’s address referred to in these Terms and Conditions.
o. Clauses 18 of these Terms and Conditions survive termination of these Terms and Conditions.

19. Definitions

In these Terms and Conditions the following words have their corresponding meanings unless the context indicates otherwise:
a. ACL means Schedule 2 to the Competition and Consumer Act 2010 (Cth).
b. ASIC means the Australian Securities and Investments Commission.
c. Associates has the meaning provided to it under section 11 of the Corporations Act.
d. Booking means the booking made by Us.
e. Booking Confirmation Date means the date that the Booking is confirmed.
f. Booking Fees means the fee payable by you in connection with any Booking made.
g. Bond means a refundable bond in an amount as determined by Us.
h. Business Day means a day other than Saturday, Sunday, or a public holiday in the State of New South Wales.
i. Claim means all rights, entitlements, expectations, costs, expenses, liabilities, claims, demands, suits, causes of action (including, without limitation, by way of cross-claim, joinder, or other application), remedies, debt, damages, compensation, restitution, account, declaratory relief, injunctive relief, specific performance, equitable compensation, equitable damages, proceedings, verdicts and judgments whatsoever, whether arising at common law, in equity, under statute or otherwise arising, whether known or unknown at the time of these Terms and Conditions, whether presently in contemplation of the Parties or not.
j. Consequential Loss means loss or damage, whether direct or indirect, in the nature of loss of profits, loss of revenue, loss of production, liabilities in respect of third parties (whether contractual or not), loss of anticipated savings or business, loss of data, interruption of business, pure economic loss, loss of opportunity and any form of consequential, special, indirect, aggravated, punitive or exemplary loss or damages, whether or not a Party was advised of the possibility of such loss or damage.
k. Corporations Act means the Corporations Act 2001 (Cth).
l. Deposit means a deposit equivalent to 10% of the Booking Fees.
m. Force Majeure Event means any occurrence or omission as a direct or indirect result of which We rely on is prevented from or delayed in performing any of Our obligations under these Terms and Conditions and which is beyond the reasonable control of Us and could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency but does not include any act or omission of a contractor (except to the extent that act or omission is caused by a Force Majeure Event).
n. Invoice means a tax invoice that includes the details for a Journey and Booking.
o. Journey means a journey the subject of the Booking.
p. Journey Date means the date of commencement of a Journey.
q. Loss means, in relation to any person, any damage, loss, cost (including, but not limited to, on a solicitor/client basis), fee, charge, toll, tax, expense or liability incurred by the person or arising from any Claim, action, proceedings or demand made against the person, however arising and whether present or future, fixed or ascertained, actual or contingent and includes Consequential Loss.
r. Operator means the driver and or company engaged by Us for the Booking.
s. Parties means:
i. Us; ii.                      You, whether jointly or severally.
t. Personal Information has the meaning provided to it under section 6 of the Privacy Act 1988 (Cth).
u. Privacy Policy means Our privacy policy currently published on Our website, or any other privacy policy published by Us from time to time.
v. Related Corporation has the meaning given to related body corporate by the Corporations Act.
w. Termination Date means the earlier date these Terms and Conditions is terminated by:
i. Us for any reason whatsoever;               or ii. You pursuant to clause 12(b) of these Terms and Conditions.
x. Terms and Conditions means these Terms and Conditions and the contract.
y. Vehicle means the vehicle provided and operated by the Operator during a Journey.

20. Interpretation

In these Terms and Conditions unless stated otherwise or the context indicates otherwise:

Numbers
a. Words importing the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, words denoting one gender include all genders, and references to documents or agreements or deeds also mean those documents or agreements, or deeds as changed, novated or replaced.
Dates and times
b. Parties must perform their obligations on the dates and times fixed by reference to the State of New South Wales. If the day on or by which anything is to be done is a Saturday, a Sunday or a public holiday in the place in which it is to be done, then it must be done on the next Business Day. References to month means a calendar month.
Persons
c. References to persons include corporations and bodies politic.
Representatives, assigns and related body corporate
d. References to a party include their legal personal representatives, successors, executors, administrators, permitted assigns and Related Body Corporate of that person.

Statutory amendments
e. A reference to a statute, ordinance, code or other law includes regulations and other statutory instruments under it and consolidations, amendments, re-enactments or replacements of any of them (whether of the same or any other legislative authority having jurisdiction).
Variation
f. References to this or any other document include the document as varied or replaced, and notwithstanding any change in the identity of the parties.
Joint and several liability
g. An obligation of two or more parties will bind them jointly and severally.
Defined expressions
h. If a word or phrase is defined, cognate words and phrases have corresponding
definitions.
Reconstituted bodies
i. References to a body which has ceased to exist or has been reconstituted, amalgamated, reconstructed or merged, or the functions of which have become exercisable by any other person or body in its place, will be taken to refer to the person or body established or constituted in its place or the person or body by which its functions have become exercisable.
Collective references
j. Reference to anything is a reference to the whole or any part of it and a reference to a group of things or persons is a reference to any one or more of them.
“Dollars” or “$”
k. A reference to the word “Dollars” or the expression “$” refers to the amount in the lawful currency of the Commonwealth of Australia.
Covenant
l. A covenant not to do anything includes an obligation:
i. Not to permit that thing to be done; ii. To use best endeavors to prevent that thing being done by a third party.