Terms and Conditions of Charter Hire
Sydney Charter Bus Pty Ltd endeavours to ensure your planned activity is your special occasion.
By NSW law; Transport for NSW & Roads and Maritime Services (RMS) has set out rules and regulations pertaining to Public Passenger vehicles that we must abide by.
These rules and regulations are listed below and incorporated into Sydney Charter Bus Pty Ltd’s terms & policies.
Please take the time to read through our Terms and Conditions.
If you have any queries on our Terms and Conditions please contact our office for further assistance on (02) 8540 2356.
We reserve the right to change the Terms and Conditions without notice. A current version of the Terms and Conditions is always available on this page, and you should check this page regularly for changes.
1) 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.
Sydney Charter Bus Pty Ltd reserves the right to charge the hirer for any damage caused during the course of any hire.
NO SMOKING (including e-cigarettes) permitted in any of our vehicles. (It is against the law in NSW to smoke in a Public Transport Vehicle).
Smokers outside the vehicle must be at least 4 metres away from the vehicle at all times.
The driver reserves the right to refuse to transport persons under the influence of intoxicating liquor or drugs, or who are, or are likely to become objectionable to other persons inside or outside the vehicle.
If there is unsociable or unruly behaviour on or off the vehicle any time, the driver has the right to terminate the charter immediately and if necessary call the police.
Any unruly or overly intoxicated passenger may be refused entry to the bus should the driver feel that he or she may become unruly, sick or abusive.
Sydney Charter Bus Pty Ltd shall not be liable for any loss or inconvenience caused by the termination of its service due to unruly behaviour.
Passengers may be fined by the police and, or Roads and Maritime Services (RMS) for unruly behaviour.
Passengers must not interfere with any equipment inside the vehicle at any time.
The Hirer is responsible for the cost of repairs resulting from any accidental, deliberate or intentional damage caused to the vehicle by any members of the hiring party during the charter or hiring of the vehicle and is payable as soon as such cost is determined.
The Hirer is responsible to board the hired vehicle prior to other passengers and check for damage and/or rubbish and alert the driver immediately. If the Hirer is not travelling on the bus then he/she should allocate a person to do so.
2) FOOD & BEVERAGE:
No food or beverage is to be consumed in any of our vehicles at any time (bottled water is OK). It is against the law in NSW to eat and drink (except for medical reasons) on any Public Transport Vehicle unless prior written permission is given.
All passengers must be seated at all times when the vehicle is moving.
Passengers are not permitted to place any part of their body outside the vehicle, whilst the vehicle is moving.
Passengers must remove all rubbish on exiting the vehicle. A $88 inc GST fee may be charged if the vehicle returns in an unreasonable state.
Sydney Charter Bus Pty Ltd reserves the right to charge the hirer for all extra charges, cleaning and damage fees, fines and penalties.
NO ALCOHOL is to be consumed in any of our vehicles at any time.
We do not provide any party bus services.
There is to be no opened or unopened alcohol brought on the bus at any time. If you’d like to bring unopened alcohol on the bus please request in writing prior to service.
Any unopened alcohol must be stored by the driver.
Any opened alcohol brought onto the bus and/or consumed in the bus will result in a termination of service and no refund shall be issued along with a penalty fee of $300
Any alcohol brought onto the bus covertly and consumed will result in the hirer being charged a $300 penalty fee and a cleaning fee of $110 for floor spillages and $330 seat spillages.
4) 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 Pty Ltd 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 etc.
The first 15 minutes is free providing the vehicle departs within the 15 minute time frame.
After 15 minutes, normal waiting time charges apply including the first 15 minutes. E.g. 15 minutes is free, if you are 30 minutes late then 30 minutes is waiting time which includes the first 15 minutes.
A waiting fee will be charged in 15 minute blocks from the nominated pickup time at $30 per 15 minute block for minibuses and $50 per 15 minutes for the coaches.
Sydney Charter Bus Pty Ltd reserves the right to send you a tax invoice, bill, quote or estimate or charge your credit card, forfeit bonds or security deposits for all waiting time charges, damages, penalties, parking fines or cleaning as a result of your booking.
The hirer is responsible for all passenger behaviour and any penalties received by unruliness or stupidity of their passengers will be borne by the hirer.
5) 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 pickup location 45 minutes after the nominated pickup time, then the charter shall be terminated and shall be classified as a “non-cancelled” service.
Failure to make a payment before the chartered service will result in a “non-cancelled” service and full charges will apply unless previously arranged in writing by Sydney Charter Bus Pty Ltd.
The Hirer must notify Sydney Charter Bus Pty Ltd of cancellations via fax or email. There is a 10% cancellation fee if the cancellation is made prior to seven (7) days once a booking has been submitted.
ALL CANCELLATIONS MUST BE IN WRITING – failure to make payment does not cancel the booking but becomes a “non-cancelled” service and cancellation fees apply.
A “non-cancelled” service means not cancelling the booking in writing.
The following Cancellation Charges apply. “Non-cancelled” service – Full charter fee applies (no refund).
Cancellations within 24 hours of the service is 100% of the hiring fee.
Cancellations 1 day prior – Charged 90% of hiring fee.
Cancellations 2 days prior – Charged 80% of hiring fee.
Cancellations 3 days prior – Charged 70% of hiring fee.
Cancellations 4 days prior – Charged 60% of hiring fee.
Cancellations 5 days prior – Charged 50% of hiring fee or forfeited deposit (whichever is greater).
Cancellations 6 days prior – Charged 20% of hiring fee or forfeited deposit (whichever is greater).
In some circumstances (e.g. vehicle mechanical failure) Sydney Charter Bus Pty Ltd may not be able to operate a hiring service, or part thereof. In such situations, Sydney
Charter Bus Pty Ltd 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 and is not liable for loss of monies paid for additional or separate services that have been missed due to mechanical failure.
The hirer will also be responsible for payment of any charges levied by suppliers of Sydney Charter Bus Pty Ltd in respect of the cancelled booking.
6) TENTATIVE BOOKINGS:
Tentative bookings expire within three (3) days from the date of request.
All tentative bookings must be secured with credit card payment of 20% non-refundable deposit.
All quotes are valid for seven (7) days.
All quotes are subject to change due to changes of information from the hirer.
All bookings must be secured with credit card details. Unless otherwise agreed to by the company.
Full payment must be finalised at least ten (7) days prior to booking date unless other payment agreement has been agreed to by Sydney Charter Bus Pty Ltd in writing.
Failure to make full payment will result in a cancellation of service and become a “non-cancelled” service and no refund will be issued for deposits paid and a re-booking fee may be applied.
Failure to make payments become a “non-cancelled” service (see cancellations).
Any requested non-refundable deposit must be paid by the time stated.
All invoices must finalised by their due date.
Sydney Charter Bus Pty Ltd reserves the right to add a rate of 15% compound interest per calendar month after the date by which payment should have been made.
Any costs and/or fees that are incurred for Professional Costs as a result of Sydney Charter Bus Pty Ltd Australia having to refer the file externally to a Debt Recovery Agency and/or Lawyers will be borne by the client. These costs will be pursued until paid
The Hirer shall be personally liable for the payment of all deposits and payments.
Failure to make a payment by the time of the service will result in a “non-cancelled” service and full payment will be charged.
We accept the following payment methods – Visa – MasterCard – AMEX – Diners and EFT
Sorry, no cheques or cash on the day.
8.1) ADDITIONAL PAYMENTS:
In some cases a bond maybe required upfront.
The Hirer agrees to have charges debited from their credit card for overtime and waiting time charges, cancellations, damage to the vehicle, additional services, fines and penalties relating to the charter, entry fees, parking fees, road tolls or other charter relating to the service not paid for at the time of booking.
The Hirer agrees to pay all costs (including legal fees regardless of the outcome) associated with recovery of unpaid invoices, late fees and all fees and charges associated with the booking.
9) BREAKDOWN & DELAYS:
Sydney Charter Bus Pty Ltd 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 Pty Ltd drivers are preselected and have instructions to drive at all times in compliance to all governing laws.
Unusual road conditions, traffic and weather conditions are beyond the control of Sydney Charter Bus Pty Ltd and the driver, and delays occasioned by same will not be the responsibility of Sydney Charter Bus Pty Ltd 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 or refunds (full or partial).
The driver makes the final decision for the route taken based on time of day, day of the week, road works or knowledge of street delays due to accidents or other unforeseen occurrences.
Any late arrivals at your destination from taking of such routes are not cause for refunds, partial refunds or compensation in any way.
10) DRIVER HOURS:
A bus driver maximum work time is 12 hours per day in any 24hr time period.
*Stationary rest time is the time a driver spends out of a bus. Night rest breaks are 7 continuous hours stationary rest time taken between the hours of 10pm on a day and 8am on the next day (using the time zone of the base of the driver) or a 24 continuous hours stationary rest break.
11) PASSENGERS PROPERTY & LOST PROPERTY:
All vehicles chartered or 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 passenger’s luggage and effects can be carried.
Sydney Charter Bus Pty Ltd 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 Sydney Charter Bus Pty Ltd 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 Pty Ltd 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 Pty Ltd, the driver, its servants or agents.
All lost property will be returned to Sydney Charter Bus Pty Ltd’ office and registered in our Lost & Found Register.
All lost property will be held at Sydney Charter Bus Pty Ltd’ office for a maximum of three (3) weeks after which all items will be disposed of accordingly.
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 Pty Ltd 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.
Sydney Charter Bus Pty Ltd takes no responsibility for the hirer displaying copyright DVD’s in its coaches and buses or suppliers coaches and buses.
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 audio-visual works MUST secure a license to do so. Sydney Charter Bus Pty Ltd AND ITS SERVICE PROVIDERS DISCLAIM ANY AND ALL LIABILITY FOR THE SHOWING OF COPYRIGHTED DVD’S. This requirement applies EQUALLY to profit making organisations 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’s 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 playing a copyrighted DVD for a public performance 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.
13) GENERAL TERMS & CONDITIONS:
Sydney Charter Bus Pty Ltd 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 Pty Ltd 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 hirer or tour/group leader regarding alterations to the charter or requests from the group.
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 Pty Ltd you are agreeing to Sydney Charter Bus Pty Ltd’s Terms and Conditions under our policies and guidelines.
By making a deposit or submitting credit card details to secure a booking with Sydney Charter Bus Pty Ltd you are bound by its Terms and Conditions.
14) OVERNIGHT & EXTENDED DAY TRIPS:
The Hirer is responsible for reserving and paying for a separate own room for each driver for any overnight tour or charter. Sydney Charter Bus Pty Ltd can source out accommodation at the request of the hirer in which the accommodation cost will be added to the invoice.
A thorough itinerary is required for extended overnight trips at least one (1) week prior to departure and the final itinerary must be received at least two (2) days prior to departure.
Prices are subject to change based on the final itinerary.
Drivers do not have to stay at the accommodation you are staying, we can stay at a cheap motel nearby.
Sydney Charter Bus Pty ltd can arrange the accommodation, or you may also prefer to do the booking as you may receive a discount if you book at the same accommodation as your group.
The driver must have his/her own separate room with bathroom and TV etc.
This is a standard accommodation and it is 3 star rating. This is the minimum requirements for driver accommodation. A $65 per day meal allowance is required per driver.
Any complaints in respect of Sydney Charter Bus Pty Ltd’s services must be made in writing via email or to the company’s head office within 14 days by post to PO Box 6556 Nth Ryde NSW 2113.
All complaints will be registered in our Complaints Register as required by Roads and Maritime Services (RMS) under Clause 12B (1) (g) of the Passenger Transport (Bus Services) Regulation.
No bill, poster or notice to be displayed on any vehicle without the written consent.
All costs associated with the adding and removing or signage is made by The Hirer.
17) GOVERNING LAW:
This Contract is governed by New South Wales, Australian law. As all charter and hire with driver services are within the legal boundaries of NSW, Australia; all legal laws apply regardless of your home country, state/territory/province or city.
18) FORCE MAJEURE:
Sydney Charter Bus Pty Ltd shall not be liable for failure or delay in performing obligations set forth in this agreement and Sydney Charter Bus Pty Ltd 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 Pty Ltd.
19) LIMITATION OF LIABILITY:
NEITHER SYDNEY CHARTER BUS PTY LTD, 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 PTY LTD OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IT IS EXPRESSLY AGREED THAT NEITHER SYDNEY CHARTER BUS PTY LTD, 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.
20) 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 between the date of the confirmation and the date of the charter, Sydney Charter Bus Pty Ltd 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 Pty Ltd 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.
21) PROHIBITED ITEMS:
The following items and activities are prohibited:
- Alcoholic Beverages
- Smoking (including e-cigarettes)
- Glass containers
- Golf shoes or other shoes with spikes (worn)
- Fuel containers
- Illegal Substances
22) 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.
© Sydney Charter Bus Pty Ltd 2019
last update 21 February 2019