These conditions apply whether a contract has been made verbally or in writing. The hirer contracts with the Company upon behalf of the hirer and as an agent for all passengers travelling upon the vehicle. The hirer expressly warrants that he has the full authority of all passengers to enter into this contract upon their behalf and to accept these Conditions of Hire. The hirer shall indemnify the company against any loss, claim damage, award or settlement which may be made against the company in excess of the exclusions and limitations of liability contained in the Conditions of Hire as a consequence of any lack of authority upon the part of the hirer to enter into this contract.
(a) Quotations are given on the basis of the most direct route and on the information given by the Hirer The route used will be at the discretion of the company unless the Hirer has requested a particular route, which will be specified on the Confirmation Letter.
(b) All quotations are given subject to the Company having available a vehicle suiting the Hirer's requirements at the time of acceptance of this quotation.
(c) Quotations are valid for 7 days from issue unless some other period is specified.
(d) Unless otherwise stated admission charges, meals, accommodation and coach parking charges are not included in the quoted price.
3. USE OF VEHICLE
Unless confirmed in writing by the Company the vehicle should not be assumed to remain at any point between the outward and return journeys nor to remain available for the Hirer's incidental use when parked at such points.
4. DRIVERS HOURS AND REST PERIOD REGULATIONS
The hours agreed with the Operator for the operation of any hire must be strictly observed (other than in the case of serious emergency or diversion) so that current regulations governing drivers hours and rest periods can be complied with. The operator reserves the right to curtail or otherwise alter any hire which does not comply with the relevant regulations.
5. SEATING CAPACITY
(5.1) The Hirer must not load any vehicle beyond the number of passengers which it is legally permitted to carry, but with the prior written agreement of the Company children may be seated at three per double adult seat provided that all such children will not attain the age of twelve years during the current school year.
(5.2) Where a vehicle is supplied with seat belts passengers are required by law to wear them and only one passenger per seat belted seat is allowed to the legal seating capacity of the vehicle. Standing passengers are not permitted at any time. Dingo Bus Charter accepts no liability whatsoever for any loss or injury incurred by or to any person as a result of not wearing a seat belt as prescribed in law.
6. CONVEYANCE OF ANIMALS
On a private hire no animals (other than Guide Dogs notified to the company in advance) may be carried on any vehicle without prior written agreement of the Company.
Normally written confirmation by the Company is the only basis for the acceptance of a hiring or for a subsequent alteration to its terms.
(8.1 ) Any requested non refundable deposit or balance payment must be paid by the time stated and payment in full must be made before the start of the hire unless the Company has agreed in writing to a variation in this condition The Company reserves the right to add interest at the rate of 2% compound interest per calendar month after the date by which payment should have been made or to cancel the booking with a loss of deposit and or cancellation fee.
(8.2) The hirer shall be personally liable for the payment of all deposits and payments but in the event of failure by the hirer to discharge such deposits and/or payments the company reserves the right to claim the same from each passenger individually or collectively and each passenger shall remain jointly and severally liable for such payments.
(8.3) Any cancellation by the company due to the failure to discharge any deposit or balance will then be subject to a $50 re-booking fee should the client wish to pay their deposit and re-book.
9. CANCELLATION BY HIRER
Should the Hirer wish to cancel any charter arrangement, the following scale of charges shall apply in relation to the total hire charge.
8 days notice or more 10% of hire or loss of deposit
1 day - 7 days notice 50% of hire
Day of Hire - 75% of hire
Arrival of coach/bus at departure point. A charge will be made based on time and mileage involved, subject to a minimum of 85% of the hire. After departure 100% of hire
10. CANCELLATION BY THE COMPANY
In the event of any emergency, riot, civil commotion, strike, lock out, stoppage or restraint of labour or on the happening of any event over which the Company has no control (including adverse weather and road conditions and or mechanical failure) or in the event of the Hirer taking any action to vary agreed conditions unilaterally, the company may by returning all money paid and without further or other liability cancel the contract.
11. ROUTE AND TIME VARIATION
(a) Should a vehicle be detained by the Hirer or taken on a longer journey than that contracted for, the Company reserves the right to make an additional charge commensurate with the costs Incurred.
(b) The vehicle will depart at times agreed with the hirer and the Company will not be liable for any loss or injury sustained by any passengers who fails to join a vehicle at the appointed time. If the hirer fails to join the vehicle at the agreed time and has been given notice by the driver that departure must commence then upon failure to commence boarding we then reserve the right to cancel the hire without loss to the company.
12. VEHICLE TO BE PROVIDED
(a) The company reserves the right to provide a larger vehicle than that specified at no additional charge unless any extra seats are used If extra seats are used an additional charge will be made pro-rata to the hire charge.
(b) The Company reserve the right to substitute other vehicles (including those of other operators) or ancillary facilities for all or part of the hiring subject to such substitutes being of similar quality.
(c) Equipment within the coaches including radios, air-conditioning, audio and video cassette & DVD players, microphone and public address systems, beverage facilities and toilet facilities) is provided at the discretion of the Company unless the quotation specifies that any such facilities will be available. Whilst every endeavour will be made to comply with the Hirer's subsequent requests the Company cannot guarantee to meet any such requests.
13. BREAKDOWN AND DELAYS
The company gives its advice on journey times in good faith and does not guarantee the completion of any journey in any specific time and will not be liable for loss or inconvenience caused by the actual journey time and or breakdown of the hire vehicle
14 . AGENCY ARRANGEMENTS
Where the Company hires in vehicles from other operators at the request of the Hirer, and where the operator arranges ancillary facilities such as meals, accommodation, admission tickets or any other services provided by another supplier it does so as Agent for and on behalf of the hirer. Any terms and conditions imposed by such other suppliers through the company shall be binding on the Hirer as if he had directly contracted such services
15. PASSENGERS PROPERTY
(15.1) All vehicles hired out by the operator are subject to restrictions as to their carrying capacity as imposed by statute. The hirer accepts that the driver shall be the sole judge as to whether and to what extent passengers luggage and effects can be carried.
(15.2) The hirer agrees that in agreeing to carry the passengers luggage or effects the hirer does not carry the same as bailee but such luggage or effects remain at the sole risk of the passenger concerned and the Company shall not be liable for any loss or damage of such baggage or effects of whatsoever nature and howsoever caused including negligence.
(15.3)Should notwithstanding the above it be held by any Court of law that the Company becomes a bailee of the luggage and effects then the Company's liability for loss and damage of whatsoever nature and howsoever caused including negligence shall be limited to the sum of $50.00 per bag, case or package.
(15.4)The Company does not accept liability for any damage to or loss of any property left upon the vehicle by a passenger whether or not with the knowledge of the Company, its servants or agents. All articles of lost property recovered from the vehicle will be held at the Company s depot at which the vehicle is based for a maximum of 3 months.
16. CONDUCT OF PASSENGERS
The driver is responsible for the safety of the vehicle. Any passenger whose conduct is in breach of statutory regulations may be removed from the vehicle or prevented from boarding on the driver s authority. The Hirer will be responsible for the conduct of passengers and for any damage caused to the vehicle by passengers during the hire. The company reserves the right to charge the hirer for any damage caused during the course of any hire.
Any complaints in respect of the Company's services should be made in writing to the company's office within 14 days of the completion of the hire.
No bill, poster or notice to be displayed on any vehicle without the written consent of the Company.
19. REFRESHMENTS AND ALCOHOLIC DRINKS
Other than on a vehicle fitted expressly for that purpose, food and drink may not be consumed on the vehicle without the prior written consent of the Company. Alcohol is not permitted at any time.
20 . SURCHARGES
The quotation given is based on operating costs at the date of the quotation and when more than 7 days elapse between the date of the quotation and the date of departure, the Company reserve the right to pass on to the Hirer any increase in the cost of fuel or other increased costs resulting from Government action or other factors beyond the Company's control.
21. GOVERNING LAW
This Contract is governed by West Australian law.