Terms and Conditions

ADDITIONAL CHARGES:

• When, at the request of the Hirer, any change in service resulting in additional miles or hours to that specified on the charter service order produced, an additional charge shall be made for such additional service. Tolls, vehicle entry fees & parking fees, etc. will be separate and additional elements in the determination of any additional charges. Sydney Charter Bus will notify the Hirer of any additional charges that may be expected to be incurred at the time of the original order. Any additional fees unforeseen prior to the departure of the charter are the responsibility of the Hirer.
• Any additional payments required resulting from damage, cleaning, fines or penalties will be claimed from the Hirer.
• The Hirer is responsible for allocating a safe & legal pick up point. The Hirer shall be liable for all fines & penalties resulting from inappropriate or illegal pick up locations in clearways, no stopping zones, no parking zones and no standing zones.
• A waiting fee will be charged in 15 minute blocks from the nominated pickup time at $25 per 15 minute block. If the pickup time is after 12am midnight or the waiting time runs over 12am midnight then $35 per 15 minute block surcharge is charged thereafter to the hirer.
• A 30% increase each hour over midinght for waiting time chargers.  

CANCELLATIONS, CANCELLATION CHARGES & REFUNDS:

• Should the charter service not be utilised after the vehicle leaves the depot for any reason whatsoever then this shall be classified as a "non-cancelled" service. If the hirer fails to take up the charter at the nominated pick-up location, 30 minutes after the nominated pickup time, then the charter shall be terminated and shall be classified as a "non-cancelled" service.
• The Hirer must notify Sydney Charter Bus of cancellations via fax or email. There is no cancellation fee if the cancellation is made at least seven (7) days prior to the departure date.
• ALL CANCELLATIONS MUST BE IN WRITING.
• The following Cancellation Charges apply. "Non-cancelled" service - Full charter fee applies (no refund).
• Cancellations made prior to the vehicle leaving the depot on the day of charter or tour - Charged 75% of hiring fee.
• Cancellations within 24 hours except on the morning of charter - Charged 50% of hiring fee.
• Cancellations within 36 hours - Charged 40% of hiring fee.
• Cancellations within 48 hours - Charged 30% of hiring fee.
• Cancellations within 60 hours - Charged 25% of hiring fee.
• Cancellations within 72 hours - Charged 20% of hiring fee or forfeited deposit (whichever is greater).
• Cancellations within 96 hours - Charged 10% of hiring fee or forfeited deposit (whichever is greater).
• In some circumstances (e.g. vehicle mechanical failure) Sydney Charter Bus may not be able to operate a hiring service, or part thereof. In such situations, Sydney Charter Bus will only be liable to refund to the hirer that portion of the hiring fee that relates to the non-operated part of the hiring service.

• All quotes are valid for seven (7) days only.   

• All bookings must be secured with a non-refundable 10% deposit.
• Full payment must be finalized at least seven (7) days prior to booking date unless other payment agreement has been agreed to by Sydney Charter Bus in writing.
• Faliure to make full payment will result in a cancellation of service and no refund will be issued for deposits paid and a rebooking fee may be applied.
• Any faliure of payment of deposit will result in a cancellation of the booking.
• Any requested non-refundable deposit must be paid by the time stated. Cash payments must be made before the start of the hire unless Sydney Charter Bus has agreed in writing to a variation in this condition.
• All invoices must finalized by their due date.
• Sydney Charter Bus reserves the right to add interest at the rate of 7% compound interest per calendar month after the date by which payment should have been made.
• 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 Sydney Charter Bus 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.
• Any cancellation by the Sydney Charter Bus due to the failure to discharge any deposit will then be subject to a $50 re-booking fee should the client wish to pay their deposit and re-book.
• Payment by business cheque is accepted on receipt of our invoice.
• Personal cheques are required at our office ten (10) working days prior to the booking for bank clearance.
• Cash payment can be paid directly to the driver on the day of the charter and prior to its commencement. An invoice will be issued directly to the customer by the driver for cash payments or by arrangement by the customer.
• Credit Card payments may be paid via our website (Mastercard and Visa only).  

BREAKDOWN & 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.
• The time of arrival at starting point, stop-over point, destination, or return to point of origin cannot be guaranteed. All Sydney Charter Bus drivers are pre-selected and have instructions to drive at all times in compliance to all governing laws. Unusual road, traffic and weather conditions are beyond the control of Sydney Charter Bus and the driver, and delays occasioned by same will not be the responsibility of Sydney Charter Bus or the driver. Late arrivals due to these and other occurrences out of the control of the driver are not grounds for cancellation of the charter.  

DRIVER HOURS:

• The RTA safety regulations state that in any period of five (5) hours and thirty (30) minutes a driver must not drive and work more than a total of five (5) hours and must have a rest period of no less than 30 minutes, either in one period or as two periods of 15 minutes each.
• In any period of 24 hours a driver must not drive and work more than a total of 12 hours and must have a rest period of no less than 12 hours, including one continuous period of eight (8) hours. (The continuous rest period must be taken away from the vehicle unless the vehicle is fitted with an approved sleeper berth).
• In any period of 168 hours (i.e. one week) A driver must not drive and work more than a total of 72 hours and must have a rest period of no less than 96 hours.
• See link below for more details:
• http://www.rta.nsw.gov.au/heavyvehicles/regulations/drivinghours/hv_busdriverhours.html  

PASSENGERS PROPERTY & LOST PROPERTY:

• 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.
• Sydney Charter Bus 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 Sydney Charter Bus shall not be liable for any loss or damage of such baggage or effects of whatsoever nature and howsoever caused including negligence.
• Sydney Charter Bus 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 Sydney Charter Bus, the driver, its servants or agents.
• All lost property will be returned to Sydney Charter Bus' office and registered in our Lost & Found Register.
• All lost property will be held at Sydney Charter Bus' office for a maximum of three (3) months after which all items will be disposed of accordingly.  

EQUIPMENT:

• Equipment furnished by the service provider is thoroughly inspected before being assigned to the charter service to insure uninterrupted service.
• If for some reason beyond the control of Sydney Charter Bus or the service provider, a mechanical failure makes necessary the replacement of a bus originally assigned to the charter service, the replacement bus may be of a different type. DVD equipment is installed on some of our coaches. Request for DVD equipped coaches will be honoured to the best of our ability, but is not guaranteed.
• Only non-copyrighted DVD’s are permitted.
• The following is important information from a Summary Statement prepared by the Australian Copyright Council provided for your information: "By law the pre-recorded DVD’s available in stores throughout Australia are for HOME USE ONLY". The Australian Copyright Act grants to the copyright owner the EXCLUSIVE right among others, "to perform the copyrighted work publicly. “Even performances in semi-public places such as coaches, buses, clubs, lodges, factories, summer camps, and schools are public performances subject to copyright control." Companies, organizations and individuals who wish to publicly exhibit copyrighted motion pictures and audiovisual works MUST secure a license to do so. Sydney Charter Bus AND ITS SERVICE PROVIDERS DISCLAIM ANY AND ALL LIABILITY FOR THE SHOWING OF COPYRIGHTED DVD’S. This requirement applies EQUALLY to profit making organizations and non-profit institutions. Purchases of pre-recorded DVD’s do not change their obligations. In addition, public performance of videotape/DVD recordings made from televised motion pictures is a multiple copyright infringement.
• As a result of amendments to the law introduced by the Australia–US Free Trade Agreement, since 1 January 2005 copyright is now infringed simply by: playing an infringing copy of a DVD; or playing a DVD that was imported without the permission of the copyright owner, even where the importation itself did not infringe copyright (for example, because it was a legitimate copy made in another country and imported for personal use). Therefore, if you wish to screen a DVD, you will need to ensure that it is a legitimate copy and, if it was imported, that you had permission from the copyright owner to do so.
• If the Hirer requires to play a copyrighted DVD then they must produce a signed written permission authority (license) at least 48 hours prior to charter.
• Equipment size is not guaranteed and is only an estimate based on information at time of booking. What is guaranteed is that the vehicles provided will accommodate the number of passengers specified in the reservation confirmation.  

GENERAL TERMS & CONDITIONS:

• Sydney Charter Bus reserves the right to outsource tour and charter work when it is unable to undertake a booking because of vehicle or driver availability. (This will not result in an increase in the agreed quote provided unless the vehicle provided is specifically requested by the client).
• Your driver has been trained to manage emergency situations. In the case of an emergency, please follow the driver’s instructions.
• Sydney Charter Bus reserves the right to replace a vehicle with mechanical problems with a different type of vehicle or engage a sub-contractor to complete the charter.
• The driver is ultimately in total control of the charter and will communicate with the tour leader regarding alterations to the charter or requests from the group.
• Quotes are valid for 1 week (7 days) and may vary after this time to cover any additional costs for fuel or government charges.
• The agreed and arranged finishing time remains the same (unless extended) regardless of the starting time.
• Special requests by the client during the tour or charter are to be agreed to by the driver.
• By confirming your booking with Sydney Charter Bus you are agreeing to Sydney Charter Bus' Terms and Conditions.
• By making a deposit to secure a booking with Sydney Charter Bus you are bound by its Terms and Conditions.
• All bookings must be confirmed with a monetary deposit or payment in full.  

OVERNIGHT & EXTENDED DAY TRIPS:

• The Hirer is responsible for reserving and paying for a seperate room and meals for each driver for any overnight tour or charter.
• A thorough itinerary is required for extended overnight trips at least two (2) weeks prior to departure and the final itinerary must be received at least one (1) week prior to departure.  
• Prices are subject to change based on the final itinerary.  

COMPLAINTS:

• Any complaints in respect of Sydney Charter Bus' services should be made in writing to the company's head office within 14 days by post. All complaints will be registered in our Complaints Register as required by The Ministry of Transport under Clause 12B (1) (g) of the Passenger Transport (Bus Services) Regulation.  

NOTICES:

• No bill, poster or notice to be displayed on any vehicle without the written consent.

GOVERNING LAW:

• This Contract is governed by New South Wales, Australian law.  

FORCE MAJEURE:

• Sydney Charter Bus shall not be liable for failure or delay in performing obligations set forth in this agreement and Sydney Charter Bus shall not be deemed in breach of its obligations, if such failure or delay is due to natural disasters, strike, lock-out, or other industrial or transportation disturbances, law, regulation or ordinance, or any causes reasonably beyond the control of Sydney Charter Bus.

LIMITATION OF LIABILITY:

• NEITHER SYDNEY CHARTER BUS, NOR THE SERVICE PROVIDER, SHALL BE LIABLE IN ANY EVENT OR FOR ANY REASON, INCLUDING BREACH OF THIS AGREEMENT, EITHER DIRECTLY OR INDIRECTLY, TO THE OTHER CHARTER OR ANY THIRD CHARTER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS ARISING OUT OF THIS AGREEMENT, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR SYDNEY CHARTER BUS OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IT IS EXPRESSLY AGREED THAT NEITHER SYDNEY CHARTER BUS, NOR THE SERVICE PROVIDER, SHALL, UNDER ANY CIRCUMSTANCES, BE LIABLE TO ANY CHARTER FOR AN AMOUNT GREATER THAN THE SINGLE BUS CHARTER FEE FOR THE DAY IN QUESTION.  

PRICES SUBJECT TO CHANGE:

• All prices quoted in the confirmation are subject to change under the circumstances described;
• (a) If the price of fuel increases by more than three percent (3%) between the date of the confirmation and the date of the charter, Sydney Charter Bus may charge a fuel surcharge;
• (b) If there is a change in the federal, state or local laws or regulations or market conditions between the date of the confirmation and the date of the charter that (i) Require material modifications be made to the vehicle chartered under the confirmation prior to the date of the charter; (ii) Cause Sydney Charter Bus to incur material additional or increased expenses in providing the charter services;
• (c) If due to market conditions or order discrepancies the estimated cost of the trip is higher than the initial estimate.  

ENTIRE AGREEMENT:

• This Agreement constitutes the entire agreement between the parties and supersedes any and all other agreements, either oral or written with respect to the subject matter hereof.  
   

NO ASSIGNMENT:

• The Hirer may not assign this Agreement or any of their respective rights, interests, duties or obligations hereunder without the prior written consent of Sydney Charter Bus. Sydney Charter Bus may assign this Agreement and any of its rights, interests, duties or obligations hereunder without the prior written consent of the Hirer.  

PROHIBITED ITEMS:

The following items and activities are prohibited:

• Decorations  
• Alcoholic Beverages (unless written consent)
• Smoking
• Glass containers
• Golf shoes, or other shoes with spikes
• Fuel containers
• Generators