Conditions Of Carriage
By placing a booking with WeCanBookIt Pty Ltd, the Customer or the Hirer acknowledges that they have read, understood and agree to accept the Terms and Conditions as detailed below.
In the following terms and conditions, ‘the Company’ refers to WeCanBookIt Pty Ltd, its subsidiaries, brands or identities under which the company may trade, ‘the Customer’ and/or ‘the Hirer’ refers to the person and/or organisation making the booking and ‘the Driver’ refers to the driver or drivers of the bus, the coach operator or supplier of the vehicle.
1. ApplicationThese Standard Terms and Conditions shall apply whether the agreement is verbal or written and shall enter into force immediately upon the Company accepting a booking. The Hirer shall at all times remain solely responsible for the acts and/or omissions of the passengers permitted to travel by Hirer (whether directly or indirectly) and therefore any additional costs incurred by the Company during the performance of the contract shall be borne by the Hirer irrespective of whether the Hirer travels.
2. Pricing and QuotationsAll quotes are valid for a period of 7 days from the date of issue, subject to vehicle availability and can be withdrawn or varied without notice. Price changes may occur by reason of matters outside our control which increase the cost of the product or service. Such factors include fuel surcharges, taxes and other relevant cost increases.Amendments to your original quote (or subsequent booking) such as a change of vehicle size, extra kilometres or passengers, extra drop-offs or pick-ups or an increase in time may require us to provide you with a revised quotation. Additional costs such as (but not limited to) the provision of trailers, child restraints, tolls, airport parking fees etc may also affect your quote.Where an obvious error has occurred with the quoted/accepted price, we reserve the right to advise the customer of the error and provide an amended price for the journey and void the booking confirmed or accepted.
3. PaymentAll monies must be paid in full no later than 7 days prior to the performance of the booking unless expressly agreed by the Company in writing (see clause 4). Full payment is required before a "reservation" becomes a "confirmed booking" and travel commences. Any "reservation " not fully paid by the due date can be cancelled by the company and if rebooked will be subject to any new prices, rates and are subject to availability
4. InvoicesWhere the Company has agreed to a credit arrangement or account facility with the customer, invoices will be issued in accordance with the agreed arrangements and may include additional charges for credit and payment charges. All invoices are to be paid within seven days from the date of the invoice unless otherwise agreed in writing.Any queries relating to Company invoices must be raised in writing by the Customer within 7 days from the date of the invoice
5. Booking Confirmations and AmendmentsIt is the responsibility of the Customer to check the Booking Confirmation, once received, for its accuracy and completeness, any discrepancies found in the Booking Confirmation should be communicated to the Company as a matter of urgencyIf a Customer requires an amendment to a Booking, the amendment will only be considered as implemented when the Customer has it confirmed in writing and the Company has acknowledged said amendment with a new Booking Confirmation. If an updated Booking Confirmation has not been received by the Customer with the updated details the Customer will be subject to the terms of the original Booking ConfirmationIt is the Customer’s responsibility to ensure that all trip details are complete and correct and at no time should verbal amendments be considered as confirmation of a change to an existing booking. The Company cannot be held responsible for any delays in arrival at a destination caused by traffic problems and/or adverse weather conditions and these factors should be taken into account by the Customer when requesting a collection time when making a booking. The Company shall have no liability to the Customer for failing to arrive at a destination on time and shall bear no liability for late arrival at performances or events and the Customer shall have no claim against the Company for any reimbursement to the cost of any tickets for any such performance or event.Depending on the nature of the booking amendment, additional charges may be required.
6. Customer ServiceThe Company operates a customer service improvement programme to make sure that any service issues are dealt with promptly and trigger an improvement to the procedures used.
Any complaints must be made in writing in a speedy and timely manner, the Company will be unable to accept any complaints received more than 30 days after the date of travel.
7. Additional Charges and SurchargesUnless it has been agreed otherwise, the hire price will not include tickets, admission charges, ferries, road tolls or parking and these and any other extra charges not included in the Quote will be the sole responsibility of the Hirer unless otherwise agreed to in writing with the Company. Damage to vehicles or soiled seats and passageways will incur a cleaning/repair charge of a minimum of $100 8. Vehicle PhotographsOn request, the Company can provide a photograph of the type of vehicle being supplied. In this case, the photograph supplied is an illustrative guide only and maybe a different make/model with different livery and appearance to that actually supplied to the booking.
9. Luggage and Passenger NumbersThe vehicle supplied by the Company 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 Company as soon as possible if there are any changes.
10. Cancellation by HirerAll cancellations must be made in writing. (email) paid bookings cancelled within 7 days of departure will incur a 50% cancellation fee and 100% if cancelled within 24 hours of departure.
11. Cancellation by the CompanyIn the event that the Company is unable to provide a vehicle or vehicles to meet all or part of the Customer’s booked requirements due to reasons of emergency, vehicle unavailability, or other reason, the Company will take all reasonable measures to provide a replacement or alternative solution.If this is not possible, the Company retains the right to return all monies paid and, without liability, cancel the booking providing the Customer with as much notice as possible.In such circumstance, the Company shall have no 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 this risk.
12. Purpose of JourneyThe Company 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.Failure to notify the Company correctly of the nature of the journey will be construed as a breach of contract and at the Company’s absolute discretion may lead to termination of the booking without compensation or refund.
13. Force MajeureNeither 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, 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 VehicleThe Hirer cannot assume the use of the vehicle between outward and return journeys nor will the vehicle remain at the destination for the Hirer’s sole use unless this has been expressly agreed in writing by the Company. The Company 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 Hirer at the time of booking. The Customer hereby acknowledges that no luggage may be left on the vehicle unless specifically agreed with the Company. 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 Company in providing the Service including, without limitation, the costs of obtaining a replacement vehicle if the original becomes unavailable, and obtaining additional Drivers.
15. Change of VehicleThe Company reserves the right to subcontract to another operator to perform the hire or to supply replacement vehicles with the same number of seats. In the event that a vehicle of differing specification is supplied, the Company’s liability will be limited to the value of the specific journey within the booking. If for operational reasons the Company 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).
16. RouteUnless the hirer 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 Company or Driver according to road, traffic and weather conditions at the time of travel. The vehicle will depart at the times agreed by the Hirer 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 utilised. 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 Hirers’ responsibility to account for all passengers at those times. The Company cannot accept liability for any losses incurred by passengers who fail to adhere to the Hirers’ 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.
17. Breakdown or DelayThe Company 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 Hirer should consider insuring against this risk if journey times are particularly crucial, for example for the commencement of an event.
18. Driver’s HoursDriver’s Hours (Fatigue management) and rest periods are strictly regulated by Australian state and federal government law and the Hirer accepts responsibility for timings agreed at confirmation of booking. The Hirer 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 hirer agrees to pay any additional costs incurred.If delays occur for whatever reason, the Company may take whatever action is deemed necessary for the Vehicle in order to comply with the law. Where delays do occur the Company cannot be held responsible for any losses arising as a result of those delays or non-performance of the services unless they are due solely to the negligence of the Company.
19. Property & BaggageThe vehicles are subject to statutory safety restrictions on the carriage of luggage and the Driver has sole authority to decide whether the property is suitable to be carried on that vehicle.
Whilst the Company will take all reasonable care with passenger’s property it cannot accept liability for any damage to, or loss of that property being carried on the vehicle and the Company strongly recommends that no valuables should be left on the vehicle at any time, even if that vehicle is locked.Nor can the Company accept responsibility for any loss of or damage to property left on the vehicle after hire. Property found on the vehicle after hire will be held at the vehicle operating base for a maximum period of 30 days. It is the Hirers’ or the passenger’s responsibility to collect the property and any costs incurred to collect the property are to be borne by the Hirer or passenger. Property is to be collected at a time agreed by the Company and the Hirer or passenger.
20. Passenger ConductIt is incumbent upon the Hirer and the Hirer’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, the company reserves the right to cancel any other parts of a booking, and in such circumstances the forfeiture of any monies paid, and no claims for compensation or refund in either whole or part shall be entertained.Any damage caused to the vehicle by the Hirer or any of the passengers shall be the responsibility of the Hirer and the Hirer shall be liable for all costs related thereto. ($100 minimum)
21. Alcohol, Tobacco or Drug ConsumptionNo alcohol (opened) or glass products are allowed in the vehicle at any time.All vehicles are strictly non-smoking by law.Non-compliance with a Driver’s request for passengers to refrain from drinking alcohol, the smoking of tobacco 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 Company shall have no liability to the Customer and no refunds shall be provided.
22. Limitation of liabilitySubject to the remaining provisions of this clause, the Company’s liability to the Hirer 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.
23. AnimalsNo animals are permitted to be carried on any vehicle booked under the terms of this agreement.
24. EnforceabilityIf 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.
25. Governing LawThese 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 jurisdiction of the courts of Western Australia.