Terms and Conditions

Perth Bus & Coach Charter

These Terms and Conditions

Effective date: 09 Jsnuary 2025

BETWEEN Perth Bus & Coach Charter ACN 638 081 188 of Perth WA 6000 Australia

AND You

1. Acceptance and agreement

You acknowledge and agree that:

• These Terms and Conditions are accepted by you and a contract between You
  and
  Perth Bus & Coach Charter is formed upon confirmation of the Booking.
• Confirmation of the booking will be made to you via e-mail.

1. Booking

You acknowledge and agree that:

1. Confirmation

• Perth Bus & Coach Charter will confirm the Booking Fees once you make and
  confirm the Booking which is only valid at the time the Booking is made by You.
• The Booking Fees are for the Operator and the Vehicle only, unless
  otherwise
  directed or notified in writing by Perth Bus & Coach Charter .
• You must ensure that the Booking is entirely accurate and complete.
• You must notify Perth Bus & Coach Charter of any inaccuracy or
  error in
  the Booking within one (1) day of the Booking Confirmation Date.
• Any matter, item, or thing not referred to or forming part of the Booking
  cannot be relied upon by you.

1. Change or amendment

• You must notify Perth Bus & Coach Charter  of any change or
  amendment to
  any part of the Booking within one (1) day of the Booking Confirmation Date.
• If you notify us of a change or amendment within one (1) day of the Booking
  Confirmation Date:
  • Perth Bus & Coach Charter will provide a new Booking;
  • Any additional booking fees must be paid prior to confirmation of
    the
    new Booking.
• You must not request the Operator to change or amend any part of the
  Booking.
• If Perth Bus & Coach Charter  cannot provide a new Booking then you
  may
  rescind (cancel) these Terms and Conditions with immediate effect by giving notice to Perth Bus & Coach Charter  within seven (7) days of being notified by Perth Bus & Coach Charter .
• When a change is made to the reduction of service as required by you (such
  as
  reduced pax number/reduced journey distance or travel time), the change must be accepted and confirmed
  in
  writing, before the consideration to return any amounts due will be made. The amount to be returned will
  depend on the notice period provided to us by you. Please refer to Reduction In Service by You in the
  compensation table.
• Please note that not all reductions in service lead to a reduction in cost
  and
  this may also cause the cost to increase. Should this be the case you will always be notified of any
  cost
  increases and will have the option to reject the change and leave the booking as is.

1. Warranties

You understand and agree to the following:

• The Booking and Booking Fees are only for the use of the Operator and the
  Vehicle and do not include any additional fees and charges including, but not limited to, admission,
  tickets, tolls, ferries, accommodation, fuel surcharges and parking;
• The times and durations of all journeys are advisory only and based on
  known
  facts at the relevant time;
• The seats available are only for those set out in the Booking irrespective
  of
  the Vehicle’s actual capacity;
• The Booking time is based on 24 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;
• The use of the Operator and Vehicle may be subject to risks, traffic
  congestion, roadworks, road diversions, weather, other vehicle mechanical breakdowns and accidents, and
  the
  hindering, impeding, or prevention of scheduled on-time arrival;
• All departure and journey times contained in any Booking are accurate and
  you
  have accounted for additional time for any delay, obstruction, unforeseen event, or any other risk or
  Loss;
• All information provided by you regarding the travel, purpose, and Vehicle
  requirements are relevant and accurate;
• You have not provided any misleading or inaccurate information or otherwise
  withheld any information that you reasonably know, or ought to know, is relevant in connection with the
  Booking;
• The vehicle must not travel on ingress and/or egress and/or local roads
  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.
• Any photos of vehicles displayed or provided by us are illustrative only
  and
  may be a different make, model, and year with a different livery and appearance to that actually
  supplied to
  your booking. Any reference to vehicle facilities, equipment, and entertainment is for general
  information
  and not guaranteed unless confirmed by us in the booking confirmation

1. Payments

You acknowledge and agree that:

1. Deposit

• You must pay the Deposit to Perth Bus & Coach Charter  prior to the
  Booking Confirmation Date.
• Payment can be made via Credit card or Bank Transfer. Payment links are
  provided on the quote and invoice

1. Bond

• You must pay any Bond to Perth Bus & Coach Charter  within two (2)
  days
  of any request made byPerth Bus & Coach Charter .
• Payment can be made via Credit card or Bank Transfer. Payment links are
  provided on the quote and invoice

1. Booking Fees and charges

•  You must pay the Booking Fees to Perth Bus & Coach Charter  on
  the
  later of:
  • 14 days prior to the Journey Date;
  • Within two (2) days of the Booking Confirmation Date.
• If there is a prior written credit arrangement or account facility between
  You
  and Perth Bus & Coach Charter , You must pay the Booking Fees to Perth Bus & Coach Charter
  within
  seven (7) days of receipt of each related Invoice.
• Perth Bus & Coach Charter  is 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 Perth Bus & Coach Charter  within seven (7) days of receipt of each related Invoice.

1. Outstanding payment

• If You do not make payment of any money payable by You to Perth Bus & Coach Charter  by the respective due date, Perth Bus & Coach Charter  is entitled to do any or all
  of the following:
• Charge interest on the respective outstanding amount at the rate of 15.00% per year, accruing daily;
• Charge a late payment of $75.00 on the respective outstanding amount, and not as a penalty.
• Time for payment of amounts due and payable under the Payments clause is of the essence.

1. Journey

        You acknowledge and agree that:

• Subject to the payment of amounts due and payable by You pursuant to these
  Terms and Conditions, Perth Bus & Coach Charter  will arrange the occurrence and completion of a
  Journey in accordance with these Terms and Conditions.
• Perth Bus & Coach Charter is entitled to substitute any Vehicle for
  another
  vehicle or vehicles of similar capacity and safety at its absolute discretion.  If Perth Bus & Coach Charter  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).
• Unless You specify a particular route in the Booking, the route taken will
  be
  at the discretion of the Operator and Perth Bus & Coach Charter.
• Vehicle stops may occur throughout a Journey.
• The Operator may stop for legal or company required breaks if included in
  the
  time of a Journey, or upon Your request at the Operator’s discretion.
• The Vehicle is not available for use other than throughout a Journey.
• If You leave an item of luggage on a Vehicle:
  • Perth Bus & Coach Charter  will make all reasonable efforts
    to
    notify You of the unclaimed luggage;
  • Collection of the luggage will be your sole responsibility;
  • You will be responsible for any freight fees and charges incurred
    in
    transporting the luggage to an alternate location;
  • A supply partner of Perth Bus & Coach Charter  will store
    the
    item as lost property for a period of 90 days. Should the item remain unclaimed at the expiry of
    that storage period, the item will be disposed of at the absolute discretion of Perth Bus & Coach Charter ;
  • Perth Bus & Coach Charter  will not be liable for any loss
    or
    inconvenience incurred by You;
  • Perth Bus & Coach Charter  will not be responsible for any
    personal belongings left on the Vehicle at any time during or after the Journey.
• Your travel will be refused, or You will be removed from the Vehicle during
  a
  Journey if You:
  • Behave in an offensive, disruptive, intimidatory, threatening,
    violent,
    aggressive, or unlawful manner and may pose:
    • A threat to yourself, other passengers, the Operator, or
      property; or
    • An unacceptable distraction to the Operator or risk to safe
      driving conditions;
  • 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;
  • Are afflicted by an infectious disease that poses risks to other
    passengers;
  • Are observed smoking or attempting to smoke a cigarette on board a
    vehicle, including any onboard toilet facility;
  • Fail to comply with any applicable laws, rules, regulations, or
    order.

1. Warranties

Perth Bus & Coach Charter  does not warrant that:

• The Vehicle will depart or arrive at the specified times in the Booking;
• It is responsible for any delay in a Journey where safety or an obstruction
  dictates a change in the route that may incur additional time;
• It is responsible for non-completion of a Journey or Booking, where the
  Vehicle
  is hindered or prevented from travelling by any matter or thing that was not notified by You before a
  Journey Date;
• Despite our best efforts, 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.

1. Delay

       You acknowledge and agree that:

• You must immediately, but no later than 15 minutes before a booked Journey
  departure time, notifyPerth Bus & Coach Charter  of any potential delays to departure.
• Flight delays are considered a normal travel disruption.
• Where You have contacted us to notify Perth Bus & Coach Charter  of
  a
  delay of between 15 to 30 minutes from a booked Journey departure time, Perth Bus & Coach Charter
  may continue with the Booking only on the condition that you immediately pay for any Loss incurred in
  connection with such delay.
• Where you have contacted us to notify us of a delay or more than 30 minutes
  from a booked Journey departure time, Perth Bus & Coach Charter  will make all efforts to
  continue
  with the booking but this will be subject to the operator’s availability, and payment of any Loss
  incurred in connection with such delay.
• You will be deemed a no-show in the following circumstances:
  • Where You notify Perth Bus & Coach Charter  prior to the
    departure time of Your delay, and it is likely to be or is more than 30 minutes from a booked
    Journey departure time, and it would unreasonably hinder or prevent the Operator’s other
    bookings or commitments; or
  • If You fail to arrive within 15 minutes of a booked Journey
    departure
    time, You fail to contact Perth Bus & Coach Charter, and our attempt to contact you is
    unsuccessful.
• Where your journey or booking is deemed a no-show, the entire Booking Fees
  and
  charges are forfeited to Perth Bus & Coach Charter, and no amount of money is refundable to you. BUS
  HIRE
  COMPARISON PTY LTD  will continue to perform any remaining Journeys in the Booking, where You
  comply
  with these Terms and Conditions. Perth Bus & Coach Charter  holds no responsibility or liability
  for
  any alternative or replacement transport or for any other loss incurred in connection with your no-show.

1. Your obligations

You acknowledge and agree that You (and any other persons under your Booking) must:

• Cooperate with Perth Bus & Coach Charter  as Perth Bus & Coach Charter  reasonably requires.
• Provide the information and documentation that Perth Bus & Coach Charter reasonably requires.
• Ensure that You allow enough time for contingencies and obtain insurance to
  allow for any unexpected disruptions during a Journey.  This should be evident in the booking.
• Ensure that all details provided to you by Perth Bus & Coach Charter
  regarding the booking are complete and accurate.

1. Conduct

• Be contactable within 60 minutes of any Journey pick-up or departure time.
• Arrive 15 minutes prior to the Departure Time and present a currently valid
  identification document to the Operator.
• Notify Perth Bus & Coach Charter  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.
• Conform to minimum dress standards on any Journey including adequate
  footwear.
• Not consume food and beverages (excluding water) as directed by the
  Operator on
  any Vehicle.
• Not become intoxicated throughout a Journey.
• Not smoke on any Vehicle.
• Engage and behave in a safe, respectful, and courteous manner whilst in any
  Vehicle and towards any Operator.
• Return and board the Vehicle at the designated time allocated by the
  Operator
  during a Journey.
• Not cause any damage to property (real or personal) or any other person.
• Permit and consent to any telephone call between a Perth Bus & Coach Charter  representative and You to be recorded, without any warning tone or notification during the
  call.

1. Assistance animal

• Disclose in your Booking whether you will have an assistance animal
  travelling
  with you throughout a Journey and details of certification from an accredited training session.
• Ensure that the assistance animal is trained for travel and appropriately
  restrained for the entire duration of a Journey.
• Supply absorbent matting and meet the assistance animal’s needs for
  the
  entire duration of a Journey.

1. Baby seats

• Disclose in your Booking the number of children requiring car seats and
  their
  ages. This information should be clearly visible in your booking confirmation.
• Perth Bus & Coach Charter does not provide baby seats.
• Despite our best efforts, Perth Bus & Coach Charter does not warrant that
  the
  vehicle will be equipped with car seat anchor points. The lack of anchor points does not constitute a
  valid
  reason to cancel a booking.

1.  Luggage

• Be and remain responsible for all luggage, carry-on luggage, and personal
  items
  and valuables.
• Do not leave any luggage, carry-on luggage, or personal items without your
  supervision.
• Ensure that you do not hold or possess any luggage that, in Perth Bus & Coach Charter’s opinion, is unsafe, hazardous, likely to be damaged during a Journey, or likely to cause
  harm to other property.
• If you do not provide the Facilities that Perth Bus & Coach Charter
  reasonably requires (and within the time period) to perform the Services, then all additional costs and
  expenses that are reasonably incurred by Perth Bus & Coach Charter  will be paid by You.

1. Non-disparagement

You acknowledge and agree that You must not directly, indirectly or expressly:

• Do anything which materially damages, or is likely to materially damage,
  the
  reputation of Perth Bus & Coach Charter.
• Make or publish any negative, adverse, denigrating or otherwise disparaging
  representation, statement, remark or comment about Perth Bus & Coach Charter , that may reasonably be
  expected to bring, or intended to have the effect of bringing,Perth Bus & Coach Charter  into
  disrepute.
• Cause, permit, induce or encourage any other person to disparage or
  otherwise
  make any statement or publication or remark or comment about Perth Bus & Coach Charter  that may
  or
  may be likely to injure the reputation of Perth Bus & Coach Charter .
• The Non-disparagement clause survives termination of these Terms and
  Conditions

1. Liability

       You acknowledge and agree that:

• To the fullest extent permitted under law,Perth Bus & Coach Charter
  total aggregate liability for 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 payable
  under
  these Terms and Conditions.
• 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, Perth Bus & Coach Charter limits its liability in respect of any Claim and Loss incurred in the case of
  services, to any one (1) of the following as determined by Perth Bus & Coach Charter :
  • The supplying of the services again; or
  • The payment of the cost of having the services supplied again.

1. Risk and indemnities

       You acknowledge and agree that:

• To the fullest extent permitted by law, and notwithstanding anything else
  in
  these Terms and Conditions, You must indemnify and keep Perth Bus & Coach Charter  indemnified
  against any Loss sustained or incurred, or any Claim brought by any person as a result, whether directly
  or
  indirectly, of:
  • Any breach, default, or non-performance of a term of these Terms
    and
    Conditions by You;
  • Any act or omission (including negligent acts or omissions) by You.

• The Risk and indemnities clause of these Terms and Conditions applies
  irrespective of whether Perth Bus & Coach Charter  breaches any term of these Terms and
  Conditions.
• To the extent that the indemnity in clause the Risk and indemnities clause
  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 Perth Bus & Coach Charter .
• Each indemnity in this clause is a primary obligation and Perth Bus & Coach Charter is 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.
• Your obligations under the Risk and Indemnities Clause 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 that might abrogate,
  prejudice, or limit them or the effectiveness of these Terms and Conditions.
• If any transaction or payment under these Terms and Conditions is void,
  voidable, or otherwise unenforceable or refundable:
• Perth Bus & Coach Charter  is 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
• You must do all things and sign such documents necessary to restore to Perth Bus & Coach Charter  its rights under these Terms and Conditions or any collateral security
  immediately
  before that transaction or payment.
• You must make payments to Perth Bus & Coach Charter  under the Risk
  and
  indemnities clause:
  • On-demand;
  • In immediately available funds and without any Claim, set-off,
    counterclaim, condition or, unless required by law, deduction or withholding.
• The Risk and indemnities clause survives termination of these Terms and
  Conditions.

1. Force Majeure Event

       You acknowledge and agree that:

• If the performance of these Terms and Conditions are prevented or hindered
  by a
  Force Majeure Event then only Perth Bus & Coach Charter  is excused from its duty to perform
  these
  Terms and Conditions and no other Party.
• Perth Bus & Coach Charter  (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.

1. Suspension

You acknowledge and agree that:

• Perth Bus & Coach Charter  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.

1. Termination

       You acknowledge and agree that:

1. Termination by Perth Bus & Coach Charter 

• Perth Bus & Coach Charter  may terminate these Terms and Conditions
  at
  any time with immediate effect by giving notice to You in writing if:
• You breach any of clauses 2, 3, 4, 6, and 7 of these Terms and Conditions;
• You breach any other term of these Terms and Conditions and do not remedy
  within 14 days of receiving notice from Perth Bus & Coach Charter  to remedy such breach;
• You otherwise commit a material, serious or fundamental breach of a term of
  these Terms and Conditions;
• You repudiate these Terms and Conditions;
• You become unable to pay any debt or amount as it becomes due and payable
  to
  any person.

1. Termination by You

• You may terminate these Terms and Conditions at any time with immediate
  effect
  by giving notice to Perth Bus & Coach Charter  in writing to ops@coachhire.com.au  if BUS
  HIRE
  COMPARISON PTY LTD  breaches any term of these Terms and Conditions and does not remedy within 14
  days
  of receiving notice from You to remedy such breach.

1. On the Termination Date

On the Termination Date:

• Perth Bus & Coach Charter  may:
  • Forfeit the Deposit paid by You; or
  • If the Deposit has not been paid in whole or in part, recover and
    forfeit the Deposit from You without prior demand.
• Perth Bus & Coach Charter  will stop performing its obligations
  under
  these Terms and Conditions;
• You must immediately pay all amounts due and payable to Perth Bus & Coach Charter  without prior demand, and not as a penalty;
• Perth Bus & Coach Charter  may set off any amounts that You owe BUS
  HIRE
  COMPARISON PTY LTD  against any amounts payable by Perth Bus & Coach Charter  calculated as
  at
  the date of termination, except for amounts Perth Bus & Coach Charter  is not entitled by law to
  set
  off.

1. Accrued rights and remedies

• Termination of these Terms and Conditions for any reason whatsoever does
  not
  affect the right of Perth Bus & Coach Charter  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 Perth Bus & Coach Charter  due on and after the
  Termination
  Date.
• The On the Termination Date clause of these Terms and Conditions survives
  termination of these Terms and Conditions

1. Compensation

       You acknowledge and agree that:

• Any compensation offered by Perth Bus & Coach Charter is:
  • A gesture of goodwill;
  • At Perth Bus & Coach Charter  sole discretion;
  • Not an admission of liability;
  • Not admissible in a court. And
  • Offered to you in case of any discrepancies.
• Where multiple service issues exist, only the service issue with the
  highest
  value may be offered by Perth Bus & Coach Charter  as compensation.
• Nothing expressed or implied in the Compensation Table below voids,
  overrides,
  excuses, or waives Perth Bus & Coach Charter  reliance and right to enforce or rely upon any
  indemnity or limitation of liability stipulated in these Terms and Conditions.
• Where additional fees and charges, or compensation, are payable by You for
  delays, booking amendments, Loss, and travel on unsealed roads, You must immediately pay them to BUS
  HIRE
  COMPARISON PTY LTD.
• The following Compensation Table will apply should any of such events occur
  and
  You must immediately pay such amounts to Perth Bus & Coach Charter  without prior demand, and not
  as
  a penalty:

Compensation Table

Issue	Payable by	Amount
Force majeure cancellation	No one	$0
Cancellation by us As a result of your breach of any terms and   conditions In all other circumstances	Us	$0 100% refund where cancelled before travel   commenced or pro-rata refund on all travel not completed after commencement.
Cancellation by you	You
21 days+ notice		25% of the value of the booking
14 days+ notice		50% of the value of the booking
7 days+ notice		75% of the value of the booking
Less than 7 days notice		100% of the value of the booking
Late vehicle (on arrival to collection   point)	Us
0-29 minutes late		$0
30-44 minutes late		5% of journey leg (pro-rata of booking)
45-59 minutes late		10% of journey leg (pro-rata of booking)
60+ minutes late		30% of journey leg (pro-rata of booking) If the   journey duration is 2+ hours 50% of journey leg (pro-rata of booking) If the   journey duration is between 1 and 2 hours 100% of journey leg (pro-rata of booking) If the   journey duration is less than 60 minutes
Vehicle no show	Us	Pro rata refund of the uncompleted portion of the   journey as a result of the no-show.
Late customer (departure time) Where you have contacted us before   departure  time, and booking continues:	You
0-15 minutes late		$0
16-30 minutes late		$60
31-45 minutes late		$90
46-60 minutes late		$120
61-90 minutes late		$150
91+ minutes late		$ As negotiated
Customer No Show	You	100% of the journey leg (pro-rata of booking)
Not As Booked	Us	10%
Reduction In Service by You	Us
Less than 7 days notice		0% of the reduced service value
7 days+ notice		25% of the reduced service value
14 days+ notice		50% of the reduced service value
21 days+ notice		75% of the reduced service value
28 days+ notice		As negotiated
Substitution	Us	10%
Right To Refuse Travel	Us	$0
Changes to bookings	You	As negotiated and agreed
Unreasonable delays or breach of   operator’s hours or breaks during travel (As a direct result of your conduct)	You	$ 30 for every 15 minutes of delay
Cleaning or damage to vehicle	You	Unlimited
Loss of potential earnings	You	Unlimited
Non-economic loss	You	Unlimited

1. 
   Complaints & Feedback

• We value timely feedback on our services to understand where we are doing
  well
  and where we can improve.
• We actively request feedback after each booking is completed as part of our
  commitment to understanding and improving.
• You are welcome to provide feedback at any time however, where you request
  a
  refund or compensation the request must be in writing sent to customerservice@coachhire.com.au and
  received
  by us within 30 days of the completed booking.
• You must reasonably obtain at the time and provide in your request to us,
  evidence to support any claim for a refund or compensation.  This includes but is not limited to,
  photos, video, statutory declarations, and police reports.
• You must reasonably provide us with any additional information or evidence
  we
  request and where you fail to reason to do so, you waive all liability and claims against
  us.
• We will follow procedure fairness and natural justice throughout the entire
  process.
• We will endeavour to make a determination based on the available evidence
  and
  the balance of probabilities within 14 days.
• You agree that in the event that a dispute arises from a booking, you will
  not
  request a chargeback or dispute the booking cost through your card issuer or bank.

1. Cancellation fee

       You acknowledge and agree that:

• If you do not proceed with your booking or change Your mind, Perth Bus & Coach Charter  does not offer refunds or credits unless stipulated in these Terms and
  Conditions.
  All requests for cancellations made to us must be confirmed in writing by us. We may charge a
  cancellation
  fee as follows:
  • Bookings cancelled 21 days or more prior to travel: 25% of the
    value of
    the Booking;
  • Bookings cancelled 14 days or more prior to travel: 50% of the
    value of
    the Booking;
  • Bookings cancelled seven (7) days or more prior to travel: 75% of
    the
    value of the Booking;
  • Bookings cancelled less than seven (7) days prior to travel: 100%
    of
    the value of the Booking;
  • In all cases, our total fee charged will not exceed the value of
    the
    Booking.
• In addition to any cancellation fee charged by Perth Bus & Coach Charter,
  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.
• Any charges for credit or debit card processing, bank transfers,
  international
  currency exchange, or other processing fees incurred by Perth Bus & Coach Charter n are
  non-refundable,
  and Perth Bus & Coach Charter  reserves the right to deduct any such fees or expenses incurred by
  BUS
  HIRE COMPARISON PTY LTD  in the processing of the refund to you.

1. Privacy and data protection

You acknowledge and agree that:

• Perth Bus & Coach Charter  will handle (including collection,
  storage,
  use and disclosure) Your Personal Information and related data in accordance with the Privacy Policy.

1. Other Warranties

Each Party warrants to the other Parties in respect of their own position that:

• They have full legal capacity to enter into these Terms and Conditions and
  to
  perform all their terms.
• They have had adequate opportunity to obtain competent legal and other
  professional advice concerning the terms and effect of these Terms and Conditions.
• They have had the opportunity to negotiate the terms of these Terms and
  Conditions.
• They consider the terms of these Terms and Conditions to be fair in all of
  the
  circumstances.
• They enter into these Terms and Conditions voluntarily without duress.
• The terms of these Terms and Conditions are binding upon them according to
  their terms.

1. Remedy

       You acknowledge and agree that:

• 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.
• Perth Bus & Coach Charter  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 BUS
  HIRE COMPARISON PTY LTD  believes a breach is likely.
• Perth Bus & Coach Charter  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.

1. Intellectual Property

• All content made available on CoachHire.com.au, including but not limited
  to
  text, graphics, logos, images, audio clips, digital downloads, and software (the Content), is the
  property
  of Perth Bus & Coach Charter, its content suppliers, or our licensors, as the case may be, and is
  protected by United Kingdom, Australian and international copyright laws, trademarks, or other
  intellectual
  property rights and laws.
• Users may not modify, copy, distribute, transmit, display, perform,
  reproduce,
  publish, license, create derivative works from, transfer, or sell any information, software, products,
  or
  services obtained from this website.
• Unauthorized use of this content may violate copyright, trademark and other
  laws. Users have no rights to use this content without the express, prior written consent of Perth Bus & Coach Charter.
• The Perth Bus & Coach Charter  logos and service marks displayed on
  our
  websites are the registered and unregistered marks of Perth Bus & Coach Charter , are protected by UK
  and
  Australian trademark laws, and may not be used without the prior written permission of Perth Bus & Coach Charter.
• Perth Bus & Coach Charter  retains all rights not expressly granted.

1.  General

You acknowledge and agree that:

1. Appointment and relationship

• Perth Bus & Coach Charter  obligations under these Terms and
  Conditions
  will be performed as an independent contractor.
• Nothing in these Terms and Conditions constitutes any relationship of
  employer
  and employee, partnership, fiduciary, trustee and beneficiary, or joint venture between Perth Bus & Coach Charter  and You, or any of their Associates.

1. Entire agreement

• These Terms and Conditions constitute 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.

1. Counterparts

• 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.

1. Variation

• Subject to any other term of these Terms and Conditions, these Terms and
  Conditions may only be altered in writing, signed by each Party.

1. Severance

• If it is held by a Court of competent jurisdiction that:
  • any part of these Terms and Conditions is void, voidable, illegal
    or
    unenforceable; or
  • 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.

1. No waiver

• 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.
• 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.
• 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.

1. Jurisdiction

• The proper law of these Terms and Conditions is the law of the Commonwealth
  of
  Australia and in particular, the State of NSW, and the Parties submit to the non-exclusive jurisdiction
  of
  the State of NSW.

1. Costs 

• Each Party must bear and is responsible for their own costs in connection
  with
  the preparation, negotiation and execution of these Terms and Conditions.

1. Notices

•  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:
  • Delivered personally; or
  • Posted to their address when it will be treated as having been
    received
    on the fourth (4th) day after posting; or
  • Sent by email to their email address when it will be treated as
    received when it enters the recipient’s information system.

1. Legal process and documents

• 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:
  • Delivered personally; or
  • Lodged at the other Party’s address referred to in these
    Terms
    and Conditions; or
  • Posted to the other Party’s address referred to in these
    Terms
    and Conditions.

1. The Notices and Legal process and documents clauses of these Terms
   and
   Conditions survive termination of these Terms and Conditions.

1. Definitions

In these Terms and Conditions the following words have their corresponding meanings unless the context
indicates otherwise:

• ACL means Schedule 2 to the Competition and Consumer Act 2010 (Cth).
• ASIC means the Australian Securities and Investments Commission.
• Associates has the meaning provided to it under section 11 of the
  Corporations
  Act.
• Booking means the booking made by You with Perth Bus & Coach Charter .
• Booking Confirmation Date means the date that the Booking is confirmed.
• Booking Fees means the fee payable by you in connection with any Booking
  made.
• Bond means a refundable bond in an amount as determined by Perth Bus & Coach Charter.
• Business Day means a day other than Saturday, Sunday, or a public holiday in [the State of New South Wales].
• 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.
• 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.
• Corporations Act means the Corporations Act 2001 (Cth).
• Deposit means a deposit equivalent to 10% of the Booking Fees.
• Force Majeure Event means any occurrence or omission as a direct or
  indirect
  result of which Perth Bus & Coach Charter  relying on it is prevented from or delayed in
  performing
  any of its obligations under these Terms and Conditions and which is beyond the reasonable control of
  BUS
  HIRE COMPARISON PTY LTD  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).
• Invoice means a tax invoice that includes the details for a Journey and
  Booking.
• Journey means a journey the subject of the Booking.
• Journey Date means the date of commencement of a Journey.
• 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.
• Operator means the operator engaged by Perth Bus & Coach Charter .
• Parties means:
  • Perth Bus & Coach Charter;
  • You,

whether jointly or severally.

• Personal Information has the meaning provided to it under section 6 of the
  Privacy Act 1988 (Cth).
• Privacy Policy meansPerth Bus & Coach Charter  privacy policy
  published
  at:https://perthbusandcoachcharter.com.au/privacy-policy,
  or any
  other
  privacy
  policy published by Perth Bus & Coach Charter  from time to time.
• Related Corporation has the meaning given to related body corporate by the
  Corporations Act.
• Termination Date means the earlier date these Terms and Conditions is
  terminated by:
  • Perth Bus & Coach Charter  for any reason whatsoever;
    or
  • You pursuant to clause 12(b) of these Terms and Conditions.
• Terms and Conditions means these Terms and Conditions and the contract.
• Vehicle means the vehicle provided and operated by the Operator during a
  Journey.

1. Interpretation

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

1. Numbers

• 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.

1. Dates and times

• 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.

1. Persons

• References to persons include corporations and bodies politic.

1. Representatives, assigns and related body corporate

• References to a party include their legal personal representatives,
  successors,
  executors, administrators, permitted assigns and Related Body Corporate of that person.

1. Statutory amendments

• 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).

1. Variation

• References to this or any other document include the document as varied or
  replaced and notwithstanding any change in the identity of the parties.

1. Joint and several liability

• An obligation of two or more parties will bind them jointly and severally.

1. Defined expressions

• If a word or phrase is defined, cognate words and phrases have
  corresponding
  definitions.

1. Reconstituted bodies

• 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.

1. Collective references

• 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.

1. “Dollars” or “$”

• A reference to the word “Dollars” or the expression
  “$”
  refers to the amount in the lawful currency of the Commonwealth of Australia.

1. Covenant

• A covenant not to do anything includes an obligation;
  • Not to permit that thing to be done;
  • To use best endeavours to prevent that thing being done by a third
    party.

1. Winery Tour packages organised by us – Additional Terms and
   Conditions
   1. Consumption of Alcohol

• We acknowledge responsible consumption of alcohol and do not condone
  excessive
  or binge drinking.
• All alcohol consumption is at the risk of the Customer, and it is the
  responsibility of the Customer to consume alcohol responsibly in order to not affect the running of the
  tour. Some wineries reserve the right to refuse entry to excessively intoxicated passengers, we take no
  responsibility for refusal of entry due to intoxication.
• Alcohol shall not be consumed on any touring vehicle (with the exception of
  bespoke tours by prior agreement) and, except for alcohol purchased at any visited winery; no alcohol
  may be
  brought onto any touring vehicle. No alcohol may be brought onto the premises of any winery.
• In the event that a Customer is, in the opinion of our representative,
  excessively inebriated or disruptive to the tour or other visitors at a winery, We may terminate the
  tour
  and return to the destination point. Whether the tour is terminated or not, the Customer will be
  responsible
  for and will indemnify us against any loss damage or expense suffered or liability incurred as a result
  of
  his or her inebriation or behaviour including without limitation any additional cleaning costs.

1. Wineries

• We are in no way affiliated with any of the wineries visited on a tour and
  make
  no representation as to the products or services offered by the wineries visited.

 

1. Damages and Soiling

• Any damage or soiling of winery premises or the tour vehicle requiring
  cleaning
  or repair caused by misuse or inappropriate behaviour is the customer’s sole responsibility with
  remedial action being at the customer’s expense.

1. Changes to Venues/Meals/Vehicles Sizes/Itineraries/Other Options

• We reserve the right to alter the vehicle, venues, meals, itineraries
  (including the number of locations to be visited), and other options due to unforeseeable circumstances
  or
  any issues arising from a lack of availability of services or products offered by either us or the
  wineries.
  Any changes will be advised to the customer prior to the trip taking place where possible.
• We will make all efforts to accommodate any changes or requests but can not
  be
  held liable for changes that are not possible due to a lack of availability of products or services
  offered
  by us or the wineries.

1. Tour Timings and Refusal of Entry

• The customer is responsible for ensuring they board the vehicle at the
  times
  specified in the tour itinerary to ensure arrival at the booked times for subsequent wineries to be
  visited.
  We take no responsibility for refusal of entry by any winery arising from late arrival caused by the
  late
  running/boarding of the group. Should the tour time run over due to the aforementioned reasons the
  customer
  will be responsible for any additional charges.

1. Wine Tour Cancellation

• On payment of the deposit or full balance, the reservations will be made
  and
  paid for at the venues to be visited on your wine tour. As such no refund will be available for
  reservations
  made and administration charges levied by us for making said reservations.
• Refunds for the transport element are possible (for the vehicle hire charge
  only) but will be limited to:
  • 21 days or more before the initial date of travel – a charge
    equivalent to 25% of the total order value shall be applied.
  • 14 days or more before the initial date of travel – a charge
    equivalent to 50% of the total order value shall be applied.
  • 7 days or more before the initial date of travel – a charge
    equivalent to 75% of the total order value shall be applied.
  • less than 7 days’ notice before the initial date of travel date
    –
    all monies will be forfeited to the company and the full value of the trip will be due.

1. Amendments

• Amendments are not guaranteed and on occasion will not be possible. There
  are
  no grounds for any refund from us should a refund be requested due to an amendment not being possible.
• As soon as the deposit payment is received the reservations will be made
  and
  paid for at the venues to be visited on your wine tour for the specified amount of attendees. As such no
  refund will be available for reservations made and administration charges levied by us for making said
  reservations. Should an amendment be possible and made which permits the provision of a smaller vehicle
  we
  will refund the difference in the cost of these vehicles.
• Tour attendees are permitted one tasting session at each specified location
  and
  one meal per person per day. Attendees are not permitted to consume or request multiple tasting
  sessions/glasses or meals should the group have reduced in size due to cancellation even if no refund
  has
  been provided for said cancellation of attendance.

1. Food

• The Customer is responsible for notifying us of any food allergies or
  special
  dietary requirements at the time of booking. Perth Bus & Coach Charter will take all reasonable steps
  to
  ensure that the food served is in line with that request, however, disclaims to the maximum extent
  permitted
  by law all liability for or in relation to any illness caused by the food served at any winery.
• The Customer must adhere to each winery’s food licensing conditions
  including the prohibition on bringing food onto the premises of a winery that has a cafe/restaurant.

1. Limitation of Liability

• We shall not be responsible for and disclaims to the maximum extent
  permitted
  by law any and all liability to the Customer for or in relation to any breach by us of this contract for
  the
  provision of the Services including without limitation any liability for negligence or for consequential
  loss or associated loss or damage which is not reasonably foreseeable.

1. Contact us

• Emergency 24-hour contact number: (+61) 8 6185
  2661
• Operations Team – about a booking or to make a notification
  • Phone: (+61) 8 6185 2661
  • Email: info@perthbusandcoachcharter.com.au