Please see below our Terms and Conditions. There is an option for Hire and an option for Inspections.

Terms and Conditions – Hire

Parties

Background

G.A. Walker and R.A Walker Partnership ABN 95 157 786 685 trading as A Classic Cruize (“We”, “Our” or Us”)
The client listed in the Online Form, Email correspondence, Booking confirmation from our booking agents Dream rides, or in person (“You”, “Your” or “Client”)

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.
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:

“Agreement” means:
- these Terms and Conditions;
- the Online Form; Email or in person
- Booking confirmation from Dream Rides
“Cancellation Fee” means $100.00;
“Driver” means the driver of the Vehicle at any time during the Services;
“Damage” includes any and all damage to the Vehicle including windscreens, windows. tyres, mechanics, structure, paintwork, upholstery and flooring.
“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;
“Online Form ” means the online form located on Our Website completed by You containing the relevant request for the Service;
“Passenger” means a passenger in the Vehicle;
“Relevant Jurisdiction” means Queensland;
“Services” means the services outlined in Clause 3;
“Service Fee” means the amount payable for the Services located on Our website or as agreed between You and Us.
“Service Period” means the period You have requested Us to perform the Services;
“Vehicle” means the classic vehicle driven by the Driver performing the Services.

Interpretation

In this Agreement:

A reference to:
- One gender includes the others;
- The singular includes the plural and the plural includes the singular;
- A person includes his or her legal personal representatives, administrators, successors, substitutes (including by way of novation) and permitted assigns;
- Reference to a time is a reference to the time in the capital city of the Relevant Jurisdiction;
- A day or a month means a calendar day or a calendar month;
- Money (including “$”, “AUD”, or “dollars”) is to Australian currency; and
- Any thing (including any amount or any provision of this Agreement) is a reference to the whole and each part of it.
No party enters into this Agreement as agent for any other person;
The meaning of any general language is not restricted by any accompanying example;
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;
Headings are for convenience only and do not form part of this Agreement or affect its interpretation; and

Services
- We will provide a Driver and Vehicle for use by You on the terms in this Agreement.
- The Driver will transport the Passengers in the Vehicle during the Service Period as requested and agreed between You and Us.
Cancellations
- 1.We reserve the right to cancel the Services for any reason.
- 2.You agree that You forfeit the Service Fee if We cancel the Services due to unruly Passenger behaviour, including:
  - intoxicated Passenger behaviour;
  - abusive or aggressive Passenger behaviour; and
  - reckless or dangerous Passenger behaviour.
- 3.Subject to Clause 4.2, We will refund You the Service Fee if We cancel the Services.
- 4.You can cancel the Services by notifying Us.
- 5.We will refund You the Service fee if you cancel the Services at least 24 hours prior to the Service Period.
- 6.You agree to forfeit all rights to refund of service fee if you cancel 24 hours or less prior to the Service Period
- 7.If your choice of vehicle is unavailable due to circumstances beyond Our control, We will provide You with:
  - an alternative vehicle for the Services;
  - an alternative day for the Services; or
  - a refund of the Deposit.
- 8.If We cannot complete the Services due to circumstances beyond Our control, We will provide you with a pro rata. The pro rata refund will be calculated based on the percentage of the completed hours of the Services.
- 8.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.
Payments
- 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 at least 24 hours prior the Service Period.

You must pay the Service Fee before the start of the Service Period in cash or by cleared electronic payment.

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.

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.

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.

Your Warranties and Obligations
- 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.

Obligations

You must ensure each Passenger:

complies will all lawful directions of the Driver while in or on the Vehicle;
complies in all respects with all applicable laws, regulations, requirements and rules reasonably necessary for the safe and lawful operation of the Vehicle;
keep the Vehicle in good condition and only use the Vehicle as would be used by a careful and prudent Passenger;
not use the Vehicle for any illegal purpose;
report any Damage to the Vehicle to Us immediately such Damage or Loss occurs;
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.
take reasonable care of the Vehicle by preventing it from being damaged.
You are liable for any damage caused by You, or Passenger/s, whether directly or indirectly, to the Vehicle, property, or persons.

Prohibited behaviour
- You must not:
  - damage the Vehicle deliberately or recklessly or allow anyone else to do so;
  - modify the Vehicle in any way;
  - register or claim to be entitled to register any interest in the Vehicle under the Personal Property Securities Act 2009 (Cth).
  - use the Vehicle to carry passengers for hire, fare or reward or for rideshare purposes;
  - carry more passengers in the Vehicle than may be properly accommodated by the provided seat belt restraints;
  - use the Vehicle to carry any load that exceeds the limits for which the Vehicle was designed, constructed, registered or licenced.
  - use the Vehicle to transport any pets or animals except assistance animals; or
  - smoke in the Vehicle and You must prevent any passenger from doing so.
- Additional cleaning and deodorising costs must be paid if there is a breach of this clause.
- You must not use the Vehicle:
  - for any illegal purpose;
  - to move dangerous, hazardous, inflammable goods or substances that pollute or contaminate, in quantities above that used for domestic purposes;
  - to carry illegal drugs or substances.

Our Obligations and Warranties
- 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.
- Provided You have made all payments required under this Agreement, We will provide the Services.
Exclusions and Limitation of Liability
- 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.
- 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.
- 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
Indemnity
- 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):
  - 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;
  - 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
  - arising out of any claim for any other reason being made against Us in connection with the Vehicle or its operation.
- This provision remains in force after the termination of this Agreement.
Force Majeure
- 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.
- 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.
Notices
- A notice must be:
  - in writing; and
  - 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.
- A notice is taken to have been given:
  - if posted, on the third day after posting; and
  - 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.

Further Assurances
- All parties must do all things necessary to give effect to this document and the transactions contemplated by this Agreement.
Entire Agreement
- This Agreement constitutes the entire agreement of the parties as to its subject matter.
Severability
- 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.
Counterparts
- 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.
- No counterpart is effective until each party has executed at least one counterpart.
Applicable Law
- This Agreement will be governed by and construed and interpreted in accordance with the laws of the Relevant Jurisdiction.
No Assignment without Consent
- 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.
- Any purported assignment without written consent is deemed void and will convey no rights.
Waiver
- 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.
- A party may only waive its rights under this Agreement by giving notice to the other parties.
Gift Vouchers
- Gift vouchers are valid for 12 months from the date of purchase.
- Gift Vouchers can not be redeemed for cash

Terms and Conditions Inspections

Parties

G.A.Walker and R.A Walker Partnership ABN 95 157 786 685 trading as A Classic Cruize (“We”, “Our” or Us”)
The Client listed in the Online Form (“You”, “Your” or “Client”)

Background

You may request Us to provide the Services which will include a physical inspection of a motor vehicle and preparation of an inspection report.
If We accept Your request for Services, then you agree to be bound by the Terms and Conditions outlined in these terms and conditions.
Definitions

In this Agreement:

“Agreement” means:
- this Inspection Agreement and any Schedule or Annexure to it; and
- the Online Form;
“Cancellation Fee” means $100.00;
“Inspection Report” means the document titled ‘Inspection Report’ completed by Us and provided to You in which we will outline our opinion of the Vehicle;
“Online Form” means the online form located on Our Website completed by You containing the relevant request for the Services;
“Relevant Jurisdiction” means Queensland;
“Services” means the services to be completed by Us under Clause 3 of this Agreement;
“Service Fee” means the amount payable for the Services located on Our Website/Online Form or as agreed between You and Us.
“Vehicle” means the vehicle described in the Online Form.

Interpretation

In this Agreement:

Any Capitalised phrase that is not defined in Clause 1, but is in the Online Form, shall have that the meaning in the Online Form;
A reference to:
- One gender includes the others;
- The singular includes the plural and the plural includes the singular;
- A person or entity includes an individual, a firm, a body corporate, a trust, estate, partnership; an unincorporated association, Government Authority, authority or undertaking;
- A person includes his or her legal personal representatives, administrators, successors, substitutes (including by way of novation) and permitted assigns;
- Reference to a time is a reference to the time in the capital city of the Relevant Jurisdiction;
- A day or a month means a calendar day or a calendar month;
- Money (including “$”, “AUD”, or “dollars”) is to Australian currency; and
- Any thing (including any amount or any provision of this Agreement) is a reference to the whole and each part of it.
No party enters into this Agreement as agent for any other person;
The meaning of any general language is not restricted by any accompanying example;
The words “includes” and “including” and their derivatives are not words of limitation;
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;
Headings are for convenience only and do not form part of this Agreement or affect its interpretation; and
If an act must be done on a specified day which is not a Business Day, the act must be done instead on the next Business Day.

Services

We will inspect the Vehicle at the Inspection Location on the Inspection Date at the Inspection Time, subject to the provisions of the Agreement.
We will provide Our opinion on the Vehicle to You, without any warranty of accuracy, appropriateness or reliability.
We will provide an Inspection Report on the Vehicle to you as soon as practicable after we conduct our inspection.

Cancellations

We reserve the right to cancel the Services for any reason.
We will refund You the Service Fee if We cancel the Services. Cancellations due to unsafe inspection location you agree to forfeit Service fee.
You can cancel the Services by notifying Us.
You agree to pay the Cancellation Fee if you cancel the Service at least 24 hours prior to the Service Period. You agree to forfeit all rights to refund of service fee if you cancel 24hours or less prior to the Service Period. Fee

Payments

Inspection Fee – You must pay the Inspection Fee before or at the Inspection Time on the Inspection Date (or other period as agreed).
Cancellation Fee – You agree to pay a cancellation fee if you cancel more than 24 hours prior the Service period.

You must pay the Inspection Fee before or at the Inspection Time on the Inspection Date (or other period as agreed).

Credit card authority

If any amount is due to Us or remains unpaid, You authorise Us to debit Your credit card with that amount within a reasonable time after the Inspection Date.

Default in payment

Your Warranties and Obligations

Warranties

You warrant that it is safe and lawful to access the Vehicle to complete the inspection.

Obligations

You must:

comply in all respects with all applicable laws, regulations, requirements and rules reasonably necessary for the safe and lawful inspection of the Vehicle;
arrange for the Vehicle to be at the Inspection Location on the Inspection Date and at the Inspection Time;
ensure the inspection area is safe, flat and with space around the Vehicle;
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.
You are liable for any damage caused by You whether directly or indirectly, to the Vehicle, property, or persons.

Inspection

We reserve the right to cancel an inspection of the Vehicle for any reason.
We will only visually inspect the Vehicle.
You agree the inspection may not identify all faults with the Vehicle.
We do not:
- search for any information relating to the registered title, financial interests, or history of the Vehicle;
- check the authenticity or originality of the, steering hand, VIN, engine number or odometer reading of the Vehicle;
- dismantle, disturb, erect, or assemble any structure, fixture, assembly, component, or internal or external mechanisms during inspection.
- inspect the mechanics of the Vehicle, including the brakes, electrics, exhaust, audio equipment, the functionality of the technical and mechanical systems, and any water or oil leaks or gas emissions;
We will only perform a road test of the Vehicle if:
- the Vehicle has sufficient petrol;
- the Vehicle is registered;
- the Vehicle is considered roadworthy by Us; and
- We consider it safe to perform a road test of the Vehicle.
Any information provided by Us to You is current as at the Inspection Time.
Any information given by Us to You in relation to the Vehicle is not an expert opinion or valuation.
Any information, assistance or service given by Us to You in relation to Vehicle, is given in good faith and is believed to be accurate, appropriate and reliable at the time it is given. It is provided without any warranty or accuracy, appropriateness or reliability. We are not liable or responsible for any loss suffered as a result of Your reliance on such information, assistance or service.
We do not guarantee that the Vehicle would pass a roadworthy inspection nor make any representation or warranty regarding the condition of the Vehicle to you.
Any information provided by Us to You is not a recommendation to purchase the Vehicle. The decision to purchase the Vehicle is Your own based on Your own investigations and enquiries.

Dispute Resolution

If a dispute arises between You and Us, the following procedure applies:
- A party may give another party a notice of the dispute and the dispute must be dealt with in accordance with the procedure set out in this Clause 8.
- A party must not commence legal proceedings (except proceedings seeking interlocutory relief) in respect of a dispute unless the dispute has been referred for resolution in accordance with this Clause 8.
- A party must not oppose any application for a stay of any legal proceedings that may be issued in respect of a dispute pending the completion or termination of the procedure set out in this Clause 8.
The parties must endeavour to resolve the dispute as soon as possible and in any event within 10 business days (or other period as agreed) and any negotiation between the parties must be held in the Relevant Jurisdiction.
Unless otherwise agreed by the parties, any dispute that cannot be settled by negotiation between the parties or their representatives, the parties expressly agree to endeavour to settle the dispute by mediation administered by the Australian Commercial Disputes Centre (ACDC) before having recourse to arbitration or litigation. The mediation must be conducted in accordance with the ACDC Guidelines for Commercial Mediation (Guidelines) which operate at the time the matter is referred to ACDC. The Guidelines set out the procedures to be adopted, the process of selection of the mediator and the costs involved. The terms of the Guidelines are incorporated into this Supplier agreement. This Clause 8 survives termination of this Supplier Agreement.
Despite the existence of a dispute (including the referral of the dispute to mediation), each party must continue to perform its obligations under this Agreement.
The parties must hold confidential, unless otherwise required by law or at the direction of a court of competent jurisdiction, all information relating to the subject matter of the dispute that is disclosed during or for the purposes of dispute resolution. The parties acknowledge that the purpose of any exchange of information or documents or the making of any offer of settlement pursuant to this procedure is to attempt to settle the dispute between the parties. No party may use any information or documents obtained through the dispute resolution process for any purpose other than an attempt to settle the dispute between the parties.

Exclusions and Limitation of Liability

You expressly agree that use of the information provided by Us in relation to the Vehicle is at Your risk. To the full extent allowed by law, Our liability for breach of any term implied into these terms of inspection by any law is excluded.
You agree that We will have no responsibility or liability for any loss or damage to You, or any passenger of the Vehicle. To the full 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 the Vehicle or any accident to or involving the Vehicle or its use, operation, repair, maintenance or storage, or which may otherwise be suffered or sustained in, upon or near the Vehicle.
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 Vehicle, whether based on terms of trade, negligence, strict liability or otherwise and to the fullest extent.