Terms & Conditions

Party Bus Disclaimer

KEY:

The business: refers to C & C Ebrill, Trading as “Bear’s Party Buses”.

The customer: refers to those taking bookings.

The driver: refers to our fleet drivers.

This business provides party bus transport in the Newcastle, central coast, and wider Hunter region, and ensures that we abide by all legal and ethical obligations placed by our local authority, along with the wider federal authority. The business takes bookings from customers, manages, and allocates these bookings, ensuring all bookings receive the most quality experience we can provide. The business is responsible to provide a bus and drivers which are fully compliant with the terms of their operating licence and standard quality.

1. Application

These terms apply regarding contracts that are both verbal and/or written and are applicable immediately upon the business taking a booking via our booking mediums (mobile/Facebook). The customer will become responsible for the acts/omissions of their passengers permitted to travel by the customer (both directly and indirectly) and therefore any damages or additional costs to the business or our assets will result in the customer being fully responsible, regardless of being on our party buses or not.

2. Pricing/Quotes

All pricings given to customers directly are valid for up to two weeks (14 days) from the date of being received. This price is subject to vehicle availability and can be withdrawn or varied without notice. Price changes may occur in the event of external change that the business cannot control, such as fuel price fluctuation, taxes, and other relevant costs.

Any changes to an original quote/booking such as a change in vehicle size, hours, number of passengers may require the business to provide the customer with a new quotation.

In the event of an obvious error in quoted/accepted price, the business reserves the right to tell the customer about the error and provide the customer with an amended price for their booking, making their previous booking void.

3. Bond

A Bond of $400 is to be paid to the Business at the time of booking. This amount is in addition to any Quotes or pricing for the Booking. The deposit is fully refunded to the Customer within 7 Days of completion of the booking as long as no damage or Passenger misconduct has occurred.

4. Payment

Regarding full payment of the customer’s booking, this must be made at least 14 days prior to the actual trip, unless another agreement has been made between the business and the customer in writing. If any money is still due after the booking, the business reserves the right to withhold a bond payment to make up for any lost money.

If full payment is not made within 14 days prior before a trip, the business reserves the right to cancel the booking, withholding a bond payment for unresourceful use of admin services.

If a payment is not made within an agreed timescale, the business may no longer be able to offer a previously quoted price and may have to revise a quotation for the customer.

If a refund is due, please provide your online banking details so we may organise the refund, note that no more than a quoted booking price may be refunded.

5.Booking Confirmations and Amendments

It is the responsibility of the customer to check their booking information before confirmation for its accuracy and completeness, anything that needs to be changed must be communicated with the business as a matter of urgency.

If a customer requires any changes to their booking, the amendment will only be considered as implemented when the customer has confirmed in writing with the business and the business has acknowledged said change with a new booking confirmation.

If a new booking confirmation is not sent the customer is still subject to the terms in their original booking

confirmation. No changes may be made with the driver as the driver does not have any authority to bind the business in any matter.

It is the customer’s responsibility to ensure that all their trip details are correct and at no time should verbal amendments be considered as confirmation of change to an existing booking.

The business is not responsible if there are any delays during pick up or arrival to a destination as external influences are out of the business’s control, such as adverse traffic conditions or weather conditions. The business is not liable for the customers for failing to arrive at their collection point, which may result in being late for later performances and

venues in a trip. The customer will have no claim against the business for any refunds/reimbursement to the costs of these performances/venues as we cannot be held liable.

6. Customer Service

The business ensures all management are trained in customer service, allowing for any issues that may arise to be dealt with swiftly and efficiently. Bookings are monitored at each stage of the booking process to ensure that every customer is treated uniquely and properly.

Any complaints may be issued through our social media platforms, the business will be unable to accept any complaints or apply compensation received more than a month (30 days) after the date of an original booking. Any compensation offered by the business (if any) are at the total discretion of the business’s management team. The customer also agrees that if an issue arises from a booking, that they will have a fair independent hearing with a licenced mediator if an agreement cannot be made between the business and customer, with both parties splitting the cost of mediation equally.

Any complaints about the condition of a vehicle owned by the business should be supported with photographic evidence.

7. Additional Charges and Surcharges

Unless agreed otherwise, the booking price does not include tickets, admission to venues, ferries, tolls or parking and any other additional charges occurred. These charges are the sole responsibility of the customers unless otherwise agreed to in writing with the business.

In the case that the customer instructs the driver to make changes to the booking and these changes incur an additional cost, either before or during the booking, the customer accepts full liability for these extra costs.

Quotation is given regarding the operating costs at the time. If more than fourteen days elapse between the date of the of the quotation and its performance, the business reserves the right to pass on any increase in the cost of operation to the customer. The business also reserves the right to charge for damage to vehicles made by the customer/their passengers.

Due to the nature of operation, the business requires a bond for all bookings for any additional charges that may occur during the performance of a booking. This includes items such as overtime, changes to itinerary, extra drop-offs, acts of misbehaviour that endanger the public (such as the throwing of any object out of windows), additional cleaning fees or damage to the vehicle. This bond is to be paid up front separate to the full payment.

Any taxes or charges imposed by any government authority which the business is obliged to pay to fulfil the booking will normally be included in quotation or included in booking price.

However, if any other charges are introduced or increased after the booking has been made and before travel, the company will pass that onto the customer and the customer will be obliged to pay it prior to the performance of a booking. Failure to make such payment will be regarded as cancellation by the customer.

8. Vehicle Photographs

On request, the business can provide photographs of the type of vehicle being supplied. Photographs provided are considered an illustrative guide only and may be a different make/model with different livery to that supplied in the booking.

9. Luggage and Passenger Numbers

The vehicle supplied by the business will take account of the amount of luggage as well as the number of passengers specified at the booking time. The customer must ensure they specify the correct information at the time of the booking and inform the business ASAP if there are any changes. Any increase in passenger numbers may incur extra costs, with a new quotation being provided.

10. Cancellation by Customer

All cancellations must be made in writing. Should the customer wish to cancel a booking where the customer has paid either in full or part of the booking, the following refund terms shall apply.

Any cancellation request must be acknowledged by the business via a reply message from one of our representatives. You must message your cancellation request through and ensure that you receive a reply from the business confirming that your journey is cancelled. We shall accept no responsibility for cancellation requests made via the phone that has not been acknowledged by the business.

C & C Ebrill reserves the right to charge you, the customer, a cancellation fee of:

100% of the total deposit amount due to cancellation for any reason (non-refundable deposit)

25% of the total booking amount if cancelled within 28 days of the journey but no less than 21 Days.

50% of the total booking amount if cancelled within less than 21 Days of your journey but no less than 14 Days.

100% of the total booking amount if cancelled within less than 14 Days of your journey.

Cancellation of an event or holiday or “reason for travel” does not affect the customer liability of the above cancellation fees and the money will be due as if the vehicle were travelling.

Should the customer not have paid the amount as set out above at the time of cancellation the balance shall become due immediately and shall be debt owed to the business. The business may, at its sole discretion, engage the service of a debt collection agency to recover any unpaid debts together with interest, debt collection charges and legal fees.

11. Cancellation by the Business

If the business is unable to provide a vehicle or vehicle to meet all or part of the customers booked requirements due to reasons of emergency, vehicle unavailability or other reason, the business will take all reasonable measures to provide replace or alternative solution. If this is not possible, the business retains the right to return all money paid and without liability, cancel the booking providing the customer with as much notice as possible. In such circumstance, the business shall not hold liability for any inconvenience or loss incurred and will not be liable for any direct or consequential loss howsoever arising. It is strongly recommended that the customer should consider insuring against the risk.

12. Purpose of the Journey

The business must be notified of any bookings for sporting events, music festivals or political demonstrations and rallies at the time of booking, as there may be specific legal or other requirements that could affect the booking.

13. Force Majeure

Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its reasonable control including, but not limited to Acts of God, Covid 19 Pandemic, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections, strikes, including, without limitation, failure of suppliers, subcontractors, and carriers, bad weather, and/or any other cause beyond the reasonable control of the party whose performance is affected to substantially meet its performance obligations under this Agreement.

14. Use of the Vehicle

The customer cannot assume the use of the vehicle between outward and return journeys nor will the vehicle remain at the destination for the customer’s sole use unless this has been expressly agreed in writing by the business. The business reserves the right to levy additional charges for timings or mileage over and above the original agreement on a pro-rata basis as confirmed to the customer at the time of booking. The Customer hereby acknowledges that no luggage may be left on the vehicle unless specifically agreed with the business. Should the Customer be late for any pickup as set out in the Booking Confirmation the Customer will be liable for any additional costs incurred by the business in providing the Service including, without limitation, the costs of obtaining a replacement vehicle if the original becomes unavailable and obtaining additional Drivers.

15. Overtime charges

If the actual departure time is made within 10 minutes of the scheduled/confirmed pickup time no overtime charges will be levied Any departures that take place 10 minutes or later than the scheduled/confirmed pickup time overtime charges may be levied (from the scheduled/confirmed pickup time) at the following rates: Bus/coach – rate of $75.00 + GST ($300.00 + GST per hour) per 15 mins It is NOT the responsibility of the driver or business to inform or warn you or your group of any impending charges including overtime, damage, etc., regardless of the circumstances on the day of your journey. It is your responsibility to manage your group’s requirements on the day and be aware of any extra charges that could be incurred. Where the booking is to collect passengers from an airport and the Customer has provided a scheduled arrival time, the scheduled pickup time for the booking will be adjusted by the Company to allow 30 minutes for the passengers to disembark the flight, reclaim luggage and clear customs. If the Customer requires a fixed pick-up time, this allowance will not apply. Where flights are delayed, and the cumulative delay shall exceed this allowance; the clause below shall apply. It is strongly recommended that the customer take out travel insurance to cover this eventuality. For the avoidance of doubt a Driver will wait for a maximum of 30 minutes from the scheduled time of pick up or such shorter period as may be determined by the Driver that will adversely affect his/her Driver’s hours. Should the Customer not have arrived for pick up within this period the business shall be relieved of any obligation to provide the service and shall have no liability to the Customer for any costs incurred by the Customer in completing their journey. Notwithstanding the foregoing, the business shall use reasonable endeavours to complete the journey at full cost to the Customer. If there are extensive delays to the departure times, “Bear’s Party Buses”, cannot guarantee that it will be able to fulfill the booking if vehicles are committed to other charters.

16. Change of Vehicle

The business reserves the right to subcontract to another operator to perform the hire or to supply replacement vehicles with the same number of seats. If a vehicle of differing specification is supplied, the business’s liability will be limited to the value of the specific journey within the booking. If for operational reasons the business is compelled to supply a larger coach than required, this will be at no extra charge (unless the number of passengers is increased from the original booking).

17. Route

Unless the customer has advised of a particular route and specified it at the time of booking, the route taken will be entirely at the discretion of the business or Driver according to road, traffic, and weather conditions at the time of travel. The vehicle will depart at the times agreed by the customer at the time of the Booking Confirmation; no price discount shall be given if the route chosen is not actually the shortest. All pick-up and drop-off locations and routes of travel must be 1) legal points for embarkation and disembarkation and 2) suitable for the vehicle utilized. Where that is not the case, the driver will advise the client of the nearest pick-up or drop-off location that meets this requirement or take the route of travel required to meet this requirement. Stops will be made at suitable points to satisfy legal requirements regarding breaks and rest for Drivers. It is the customers’ responsibility to account for all passengers at those times. The business cannot accept liability for any losses incurred by passengers who fail to adhere to the customers’ instructions. Any changes requested to the route by the Customer shall be at the Driver’s sole discretion and the Driver may charge an additional fee if additional drop-off points are requested and agreed by the Driver.

18. Breakdown or Delay

The business may give advice on journey times in good faith, but cannot guarantee that the journey is completed by a specific time and cannot accept any responsibility or liability whatsoever for traffic congestion, road accidents, adverse weather conditions, compliance with requests of the police, customs or other government officials and security services or other matters outside its reasonable control and will not be liable for any inconvenience or loss incurred caused by a breakdown or unforeseen delay be that en-route to pick up the Hirer or en-route to the booking destination as a result it is strongly recommended that the customer should consider insuring against this risk if journey times are particularly crucial, for example for the commencement of an event.

19. Driver’s Hours

Driver’s Hours (Fatigue management) and rest periods are strictly regulated by Australian state and federal government law and the customer accepts responsibility for timings agreed at confirmation of booking. The customer accepts that neither they nor their passengers shall delay or interrupt the journey in such a way as to cause the Driver to breach Driver’s Hours regulations and must adhere strictly to all collection times contained in the Booking Confirmation. If any breach is likely to occur the customer agrees to pay any additional costs incurred. If delays occur for whatever reason, the business may take whatever action is deemed necessary for the Vehicle to comply with the law. Where delays do occur, the business cannot be held responsible for any losses arising because of those delays or non-performance of the services unless they are due solely to the negligence of the business.

20. Passenger Conduct

It is incumbent upon the customer and the customer’s party to behave in a proper manner for the duration of their journey. The Driver is responsible for the safety of the vehicle and as such may refuse to allow a passenger or passengers to board the vehicle or eject them from the vehicle if, in his sole discretion, he considers them unfit to travel for whatever reason (for example, being intoxicated, aggressive or abusive). The Driver may refuse to continue a journey if, in his sole discretion, he considers any passenger to be behaving in such a way as may compromise the safety of other persons, the contents of the vehicle or the vehicle itself. In such event, at the Driver’s sole discretion, the journey may continue once the passenger or passengers have been removed from the vehicle but should passenger conduct result in summary termination of the journey, “Bear’s Party Buses” reserves the right to cancel any other parts of a booking, and in such circumstances the forfeiture of any money paid, and no claims for compensation or refund in either whole or part of the Payment or Deposit shall be entertained. Any damage caused to the vehicle by the customer or any of the passengers shall be the responsibility of the customer and the customer shall be liable for all costs related thereto. CCTV Picture and voice recording, if possible, can and will be presented to the Police and used to show proof of damage.

21. Alcohol, Tobacco or Drug Consumption

BYO alcohol is allowed on board, but it is recommended that they are not glass bottles, rather cans or plastic bottles. No Smoking or Vaping is permitted on the vehicles, failure to comply may result in termination of the booking which is left to the discretion of the driver on the day your booking is performed. Non-compliance with a Driver’s request for passengers to refrain from the smoking of tobacco, vaping or consumption of illegal narcotics may result in summary termination of the journey, cancellation of any other parts of a booking and, in such circumstances, the Customer shall remain liable for any sums due under this Agreement and the business shall have no liability to the Customer and no refunds shall be provided and no claims for compensation or refund in either whole or part of the Payment or Deposit shall be entertained.

22. Limitation of liability

The business’s liability to the customer under or in connection with this Agreement for all and any direct loss or damage arising from any one incident or series of connected incidents is limited to the booking value (excluding any additional Charges arising by way of these terms and conditions. Neither the business nor the customer excludes or restricts in any way its liability under or in connection with this Agreement for death or personal injury caused by its negligence or to any extent not permitted by law. The Company shall not be liable to the customer (whether in contract, tort, under statute, for misrepresentation or otherwise including in each case negligence) and whether the customer was advised in advance of the possibility of such loss or damage, for: (a) any of the following types of loss or damage whether direct, indirect or consequential howsoever arising under or in connection with this Agreement or any part of it: loss of profit, loss of revenue, loss of anticipated savings, loss of opportunity, loss of business, wasted expenditure, loss from business interruption, loss or destruction of data, loss of contracts, loss from expenditure of time by managers and employees, liability to third parties, pecuniary losses arising from goodwill, or loss of or damage to goodwill; or (b) any indirect or consequential losses whatsoever. Nothing in this clause or in this Agreement excludes or limits the Customer’s liability to pay (without set off) the charges or any Additional Charges.

23. Enforceability

If any provision or term of these Terms and Conditions shall become or be declared illegal, invalid, or unenforceable for any reason whatsoever, such term or provision shall be deleted but all other terms will remain valid.

24. Governing Law

These terms and Conditions together with any Booking Confirmation shall be subject to and construed in accordance with the laws of Australia. The parties hereby agree to submit to the exclusive authority of the courts of New South Wales and Australia.

25. Website Terms and Conditions

C & C Ebrill makes available information, materials, and products on this website, subject to the following terms and conditions. By accessing this site, you agree to the terms and conditions as outlined in this legal notice. C & C Ebrill Pty ltd reserves the right to change these terms and conditions from time to time at its sole discretion.

Warranties and Disclaimers

Except as expressly provided otherwise in an agreement between you and C & C Ebrill, all information, designs and material on this website are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. C & C Ebrill assumes no responsibility for errors or omissions in the information or software or other documents which are referenced by or linked to this website.

References to corporations, their services, and products, are provided “as is” without warranty of any kind, either express or implied. In no event shall C & C Ebrill be liable for any special, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information.

This website could include technical or other inaccuracies or typographical errors. Changes are periodically added to the information herein; these changes will be incorporated in new editions of this website. C & C Ebrill may make improvements and/or changes in the product(s) and/or the program(s) described in this website at any time.

Please note that, except for banking details, C & C Ebrill does not want to receive confidential or proprietary information from you through our website. Any non-personal information or material sent to C & C Ebrill will be deemed NOT to be confidential. By sending C & C Ebrill any non-personal information or material, you grant C & C Ebrill an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that C & C Ebrill is free to use any ideas, concepts, knowledge, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first notify you that the materials or other information you submit to a particular part of a site will be published or otherwise used with your name on it; or (c) we are required to do so by law.

All C & C Ebrill products, services and publications are commercial in nature. The PowerPoint templates and documentation available on this website are “Commercial Items.” C & C Ebrill is dedicated to keeping your details private. Any information, we collect in relation to you, is kept strictly secured. We do not pass on/sell/swap any of your personal details with anyone. We use this information to identify your orders, provide you with our monthly newsletter (if applicable) and to personalize your shopping experience with us; that is all. C & C Ebrill uses cookies to allow you to login to your account, maintain a shopping cart and to purchase items in your shopping cart. Cookies sent to your computer from C & C Ebrill only last while you are browsing our website. We do not store persistent cookies on your computer. Cookies also allow us to give you a more personalized shopping experience by displaying products that interest you throughout our product pages, thus providing you with a more friendly, interesting, and enjoyable shopping experience.

Whenever you use our website or any other website, the computer on which the web pages are stored (the Web server) needs to know the network address of your computer so that it can send the requested web pages to your Internet browser. The unique network address of your computer is called its “IP address,” and is sent automatically each time you access any Internet site. From a computer’s IP address, it is possible to determine the general geographic location of that computer, but otherwise it is anonymous.

We do not keep a record of the IP addresses from which users access our site except where you have specifically provided us with information about yourself, in which case we also record your IP address for security purposes. An example of this would be when proceeding to a checkout to finalize an order you may wish to make. After completing the form provided, your IP address will be stored along with a transaction number that allows us to track your order.