Parties
(a) G.A Walker and R.A Walker Partnership ABN 95 157 786 68 trading as A Classic Cruize (“We”, “Our” or Us”)
(b) The client listed on the Online Form, booking confirmation from booking agents Dream Rides, Email correspondence or in person (“You”, “Your” or “Client”)
Background
A. You may request Us to provide you with a classic Vehicle with a Driver to undertake the Services which shall include driving You in the Vehicle as requested and agreed.
B. If We accept Your request for Services, then you agree to be bound by the Terms and Conditions outlined in these terms and conditions.
1. Definitions
In this Agreement:
1.1 “Agreement” means:
1.1.1 these Terms and Conditions;
1.1.2 the Online Form; Email or in person
1.1.3 Booking confirmation from Dream Rides
1.2 “Cancellation Fee” means $100.00;
1.3 “Driver” means the driver of the Vehicle at any time during the Services;
1.4 “Damage” includes any and all damage to the Vehicle including windscreens, windows. tyres, mechanics, structure, paintwork, upholstery and flooring.
1.5 “Loss” means any damage, loss, cost, charge, expense or liability, however arising (including contractual, tortious, legal, equitable loss or loss pursuant to statute) and includes all Taxes and Duties;
1.6 “Online Form ” means the online form located on Our Website completed by You containing the relevant request for the Service;
1.7 “Passenger” means a passenger in the Vehicle;
1.8 “Relevant Jurisdiction” means Queensland;
1.9 “Services” means the services outlined in Clause 3;
1.10 “Service Fee” means the amount payable for the Services located on Our website or as agreed between You and Us.
1.11 “Service Period” means the period You have requested Us to perform the Services;
1.12 “Vehicle” means the classic vehicle driven by the Driver performing the Services.
2. Interpretation
In this Agreement:
2.1 A reference to:
2.1.1 One gender includes the others;
2.1.2 The singular includes the plural and the plural includes the singular;
2.1.3 A person includes his or her legal personal representatives, administrators, successors, substitutes (including by way of novation) and permitted assigns;
2.1.4 Reference to a time is a reference to the time in the capital city of the Relevant Jurisdiction;
2.1.5 A day or a month means a calendar day or a calendar month;
2.1.6 Money (including “$”, “AUD”, or “dollars”) is to Australian currency; and
2.1.7 Any thing (including any amount or any provision of this Agreement) is a reference to the whole and each part of it.
2.2 No party enters into this Agreement as agent for any other person;
2.3 The meaning of any general language is not restricted by any accompanying example;
2.4 Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning;
2.5 Headings are for convenience only and do not form part of this Agreement or affect its interpretation; and
3. Services
3.1 We will provide a Driver and Vehicle for use by You on the terms in this Agreement.
3.2 The Driver will transport the Passengers in the Vehicle during the Service Period as requested and agreed between You and Us.
4. Cancellations
4.1 We reserve the right to cancel the Services for any reason.
4.2 You agree that You forfeit the Service Fee if We cancel the Services due to unruly Passenger behaviour, including:
4.2.1 intoxicated Passenger behaviour;
4.2.2 abusive or aggressive Passenger behaviour; and
4.2.3 reckless or dangerous Passenger behaviour.
4.3 Subject to Clause 4.2, We will refund You the Service Fee if We cancel the Services.
4.4 You can cancel the Services by notifying Us.
4.5 We will refund You the Service Fee (less cancellation fee) if You cancel the Services at least 24 hours prior to the Service Period.
4.6 You agree to forfeit all rights to refund of service fee if you cancel 24 hours or less prior to the service period.
4.7 If your choice of vehicle is unavailable due to circumstances beyond Our control, We will provide You with:
4.7.1 an alternative vehicle for the Services;
4.7.2 an alternative day for the Services; or
4.7.3 a refund of the Service Fee.
4.8 If We cannot complete the Services due to circumstances beyond Our control, We will provide you with a pro rata refund. The pro rata refund will be calculated based on the percentage of the completed hours of the Services.
4.9 Circumstances beyond Our control include, but are not limited to, malfunctions of the Vehicle, severe weather, natural disasters, fire, acts of God, strikes, lockouts, riots, government decrees, proclamations or orders, transport difficulties and failures or malfunctions of information technology systems.
5. Payments
5.1 Service Fee
You must pay the Service Fee before the start of the Service Period in cash or by cleared electronic payment.
Cancellation Fee
You agree to pay a cancellation fee if you cancel more than 24 hours prior the Service period.
5.2 Credit card authority
If any amount is due to Us or remains unpaid, You authorise Us to debit Your credit card (if we hold those details) with that amount within a reasonable time after the end of the Service Period.
5.3 Interest on outstanding amounts
Any amounts owing to Us under this Agreement accrue interest at the rate of 10% per annum commencing 14 days after the Services.
5.4 Default in payment
If You default in the payment of any moneys owed to Us under this Agreement, You authorise Us to provide information of that default to a credit reporting body and to obtain an up to date consumer credit report on You. Personal information may be used and disclosed by the credit reporting body in accordance with the Privacy Act to create or maintain a credit information file containing information about You, including defaults in excess of 60 days and the debt owed to Us.
6. Your Warranties and Obligations
6.1 Warranties
You warrant that participation by the Passenger is voluntary and the Passenger assumes any risk that is associated with the use and operation of the Vehicle.
6.2 Obligations
You must ensure each Passenger:
6.2.1 complies will all lawful directions of the Driver while in or on the Vehicle;
6.2.2 complies in all respects with all applicable laws, regulations, requirements and rules reasonably necessary for the safe and lawful operation of the Vehicle;
6.2.3 keep the Vehicle in good condition and only use the Vehicle as would be used by a careful and prudent Passenger;
6.2.4 not use the Vehicle for any illegal purpose;
6.2.5 report any Damage to the Vehicle to Us immediately such Damage or Loss occurs;
6.2.6 indemnify Us for any Loss (including legal costs) incurred by Us in relation to any breach of this Agreement and for any liability arising out of any such breach.
6.2.7 take reasonable care of the Vehicle by preventing it from being damaged.
6.3 You are liable for any damage caused by You, or Passenger/s, whether directly or indirectly, to the Vehicle, property, or persons.
7. Prohibited behaviour
7.1 You must not:
7.1.1 damage the Vehicle deliberately or recklessly or allow anyone else to do so;
7.1.2 modify the Vehicle in any way;
7.1.3 register or claim to be entitled to register any interest in the Vehicle under the Personal Property Securities Act 2009 (Cth).
7.1.4 use the Vehicle to carry passengers for hire, fare or reward or for rideshare purposes;
7.1.5 carry more passengers in the Vehicle than may be properly accommodated by the provided seat belt restraints;
7.1.6 use the Vehicle to carry any load that exceeds the limits for which the Vehicle was designed, constructed, registered or licenced.
7.1.7 use the Vehicle to transport any pets or animals except assistance animals; or
7.1.8 smoke in the Vehicle and You must prevent any passenger from doing so.
7.2 Additional cleaning and deodorising costs must be paid if there is a breach of this clause.
7.3 You must not use the Vehicle:
7.3.1 for any illegal purpose;
7.3.2 to move dangerous, hazardous, inflammable goods or substances that pollute or contaminate, in quantities above that used for domestic purposes;
7.3.3 to carry illegal drugs or substances.
8. Our Obligations and Warranties
8.1 We warrant that the Vehicle is of good and undamaged condition (except as advised to You), but do not warrant that the Vehicle is fit for a particular purpose other than as described in this Agreement.
8.2 Provided You have made all payments required under this Agreement, We will provide the Services.
9. Exclusions and Limitation of Liability
9.1 You expressly agree that use of the Vehicle is at Your risk. To the fullest extent allowed by law, Our liability for breach of any term implied into these terms of hire by any law is excluded.
9.2 You agree that We will have no responsibility or liability for any Loss or damage to You, or any Passenger. To the fullest extent permitted by law You release and discharge Us, our directors, agents, and employees from any Loss or damage whatsoever and whenever caused to You or any Passenger whether by way of death of, or injury to, any person of any nature or kind, accident or damage to property, delay, financial Loss or otherwise, arising directly or indirectly from or incidental to a breakdown of, or defect in, the Vehicle or any accident to or involving the Vehicle or their use, operation, repair, maintenance or storage, or which may otherwise be suffered or sustained in, upon or near the Vehicle.
9.3 To the fullest extent permissible at law, We are not liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever arising out of or in any way connected with the provision of or failure to provide the Vehicle, or otherwise arising out of the provision of the Vehicle, whether based on terms of trade, negligence, strict liability or otherwise and to the fullest extent
10. Indemnity
10.1 You assume liability for, and indemnify Us and will keep indemnified, protected, saved and harmless Us, our directors, agents and employees from and against any and all injuries, actions, proceedings, claims, demands, liabilities, Losses, damages, costs, penalties and all expenses legal or otherwise (including court costs and legal fees reasonably incurred) and of whatsoever kind and nature (including claims based upon strict liability in tort):
10.1.1 arising out of or alleged to arise out of the possession, use, repair, maintenance, storage, or operation of the Vehicle, and by whomever used or operated it;
10.1.2 incurred by Us in respect of any Loss of the Vehicle by seizure, distress, execution or other legal process, confiscation, or forfeiture of the Vehicle; or
10.1.3 arising out of any claim for any other reason being made against Us in connection with the Vehicle or its operation.
10.2 This provision remains in force after the termination of this Agreement.
11. Force Majeure
11.1 If circumstances beyond Our control prevent or hinder its provision of the Vehicle, We are free from any obligation to provide the Vehicle while those circumstances continue. We may elect to terminate this agreement or keep the Agreement on foot until such circumstances have ceased.
11.2 Circumstances beyond Our control include, but are not limited to, malfunctions of the Vehicle, severe weather, natural disasters, fire, acts of God, strikes, lockouts, riots, government decrees, proclamations or orders, transport difficulties and failures or malfunctions of information technology systems.
12. Notices
12.1 A notice must be:
12.1.1 in writing; and
12.1.2 left at or posted by certified mail to the address or sent to the facsimile number or email address of the party to be notified, as varied by notice.
12.2 A notice is taken to have been given:
12.2.1 if posted, on the third day after posting; and
12.2.2 if sent by facsimile or email, on the next business day after it is sent unless the sender is aware that the transmission is impaired.
13. Further Assurances
13.1 All parties must do all things necessary to give effect to this document and the transactions contemplated by this Agreement.
14. Entire Agreement
14.1 This Agreement constitutes the entire agreement of the parties as to its subject matter.
15. Severability
15.1 If any provision of this Agreement is judged by a Court as invalid or unenforceable, such a provision is deemed deleted and does not affect the validity or enforceability of the remaining provisions.
16. Counterparts
16.1 This Agreement may be executed in any number of counterparts each of which when executed and delivered constitute an original of this Agreement, all counterparts together constitute the same agreement.
16.2 No counterpart is effective until each party has executed at least one counterpart.
17. Applicable Law
17.1 This Agreement will be governed by and construed and interpreted in accordance with the laws of the Relevant Jurisdiction.
18. No Assignment without Consent
18.1 No party to this Agreement may assign, whether in whole or in part, the benefit or any rights or obligations of or under this Agreement without the prior written consent of the other parties.
18.2 Any purported assignment without written consent is deemed void and will convey no rights.
19. Waiver
19.1 A failure by a party to take action or give notice to enforce its rights does not constitute a waiver of any right or remedy that party may have under this Agreement.
19.2 A party may only waive its rights under this Agreement by giving notice to the other parties.
20. Gift Vouchers
20.1 Gift vouchers are valid for 12 months from the date of purchase.
20.2 Gift Vouchers can not be redeemed for cash
