Terms and Conditions
The ACT Road Traffic Authority and the Queensland Department of Transport, and Main Roads, and NSW Point to Point Transport Commissioner, (hereon referred to as the “Local Authorities”) have set rules and regulations pertaining to Public Passenger vehicles that we must abide by. These rules and regulations are listed below and incorporated with DRIVISION policies.
Please read through our Terms and Conditions before booking.
If you have any queries regarding our Terms and Conditions please contact our office for further assistance on 0402 226 699 .
DRIVISION reserve the right to change our Terms and Conditions without notice. A current version of the Terms and Conditions is always available on this page.
CONDUCT OF PASSENGERS:
1. The chauffeur/coach captain 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 by the driver’s discretion.
2. The hirer will be responsible for the conduct of all passengers and for any damage caused to the vehicle by any passenger during the hire.
3. DRIVISION reserves the right to charge the hirer for any damage caused to the vehicle during the course of the hire.
4. SMOKING is not permitted in any of our vehicles. (It is against the law in to smoke in a Public Transport Vehicle-including rideshare vehicles).
5. ALCOHOL is permitted to be consumed in any of our vehicles whilst on charter for wine tours. Any spillages will incur a clean-up fee of $88.00 including GST (sedans), $ 110.00 including GST (High Capacity Vehicles (5-7 passengers), for floor spillages. No Red wine is allowed to be consumed in any vehicle; also any vomiting in the vehicles the fee is doubled.
6. The driver reserves the right to refuse to transport persons under the influence of alcohol or drugs, or who are, or are likely to become objectionable to other persons inside or outside the vehicle.
7. If at any time there is unsociable or unruly behaviour on or off the vehicle, the driver has the right to terminate the hire immediately and if necessary, call the police.
8. DRIVISION shall not be liable for any loss or inconvenience caused by the termination of its service due to the unruly behaviour by any passenger.
9. Passengers must not tamper or interfere with any equipment that could result with the safety of the vehicles at any time.
10. The Hirer is responsible for the cost of repairs to the vehicle resulting from any damage caused by any passenger, during the charter or hire of the vehicle and is payable as soon as such cost is determined.
12. NO FOOD is to be consumed in any vehicle at any time except for refreshments that have been requested as part of the wine tour.
13. All passengers must remain seated at all times when the vehicle is moving.
14. Passengers are not permitted to place any part of their body outside the vehicle, whilst the vehicle is moving.
15. DRIVISION reserves the right to charge the hirer for all extra charges incurred including cleaning and damages.
• At the request of the Hirer, any change in the service resulting in additional kilometres and or hours to that specified on the charter manifest, additional charges shall also be made for tolls, vehicle entry fees & parking fees, etc. Any additional fees unforeseen prior to the departure of the charter are also the responsibility of the Hirer.
• Any additional charges resulting from damage, cleaning 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.
• No Waiting fees will be charged for wine tours and all tours will be conducted between 10am-5pm local time.
• Surcharges for public holidays will apply (no tours will be operating New Years Day, Good Friday or Christmas Day).
CANCELLATION CHARGES & REFUNDS:
• Should the charter 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 pick-up location, 30 minutes after the nominated pickup time, then the charter shall be terminated.
• The Hirer must notify DRIVISION of cancellations via phone, or email.
The following Cancellation Charges apply. “Non-cancelled” service – Full charter fee applies (no refund).
1. Cancellations within 48 hour of the day of service (except the morning of service –Charged 100% of hiring fee.
2. Cancellations within 7 days except on the morning of service – Charged 50% of hiring fee.
3. In some circumstances (e.g. vehicle mechanical failure or accident) DRIVISION may not be able to operate a tour, or part thereof. In such a situation, DRIVISION 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.
QUOTES & BOOKINGS:
All booking and quote information you supply is kept strictly private and confidential and is only used by DRIVISION as per your instructions, they will not be sent or forwarded to any third party.
1. All bookings must be secured by credit card.
2. Cash payments must be made before the start of the hire unless DRIVISION has agreed in writing to a variation in this condition.
3. 25% Deposit must be paid with 48 hours of receipt of invoice unless prior arrangements have been agreed upon in writing
4. All invoices must finalised by their due date which will be seven (7) days prior to the tour.
5. Failure to pay with seven (7) days will result in deposit forfeiture and tour booking cancelled.
5. Any costs and or fees that are incurred on the Professional Costs as a result of DRIVISION 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.
6. The hirer shall be personally liable for the payment of all payments but in the event of failure by the hirer to discharge such payments DRIVISION reserves the right to claim the same from each passenger individually or collectively and each passenger shall remain jointly and severally liable for such payments.
7. Credit Card payments are also accepted on receipt of our invoice.
BREAKDOWN & DELAYS:
• DRIVISION cannot guarantee journey times and cannot 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 DRIVISION drivers are pre-selected and have instructions to drive at all times in compliance to all governing laws. Unusual road, traffic and weather conditions are beyond the control of DRIVISION drivers, and delays occasioned by same will not be the responsibility of DRIVISION or the drivers. Late arrivals due to these and other occurrences out of the control of the driviers are not grounds for cancellation of the charter.
• In any period of 24 hours a driver must not drive and work more than a total of 12 hours and must have a rest period of no less than 12 hours, including one continuous period of eight (8) hours. (The continuous rest period must be taken away from the vehicle unless the vehicle is fitted with an approved sleeper berth).
• In any period of 168 hours (i.e. one week) a driver must not drive and work more than a total of 72 hours and must have a rest period of no less than 96 hours.
PASSENGERS PROPERTY & LOST PROPERTY:
• All vehicles 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.
• DRIVISION 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 DRIVISION shall not be liable for any loss or damage of such baggage or effects of whatsoever nature and howsoever caused including negligence.
• DRIVISION 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 DRIVISION, the drivers, its servants or agents.
• All lost property will be returned to DRIVISION office and registered in our Lost & Found Register.
• All lost property will be held at DRIVISION office for a maximum of three (3) months 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 DRIVISION or the service provider, a mechanical failure makes necessary the replacement of a vehicle originally assigned to the charter service, the replacement vehicle may be of a different type. DVD equipment is installed in some of our vehicles. Request for DVD equipped vehicles will be honoured to the best of our ability but cannot guaranteed.
Only non-copyrighted DVD’s are permitted to be played.
• 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. DRIVISION AND ITS SERVICE PROVIDERS DISCLAIM ANY AND ALL LIABILITY FOR THE SHOWING OF COPYRIGHTED DVD’S. This requirement applies EQUALLY to profit making organizations 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 Australian / US 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 of a copyrighted DVD 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.
GENERAL TERMS & CONDITIONS:
• DRIVISION 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.
• DRIVISION 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 regarding alterations to the trip.
• The agreed and arranged finishing time remains the same (unless extended) regardless of the starting time.
• Special requests by the client during the hire are to be agreed to by the driver.
• By confirming your booking with DRIVISION you are agreeing to DRIVISION Terms and Conditions.
• By making a deposit to secure a booking with DRIVISION you are bound by its Terms and Conditions.
• All bookings must be confirmed with a monetary deposit or payment in full.
OVERNIGHT & EXTENDED DAY TRIPS:
• The hirer is responsible for reserving and paying for a separate room and meals for each driver for any overnight tour or charter.
• 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 one 48 hours prior to departure.
• Prices are subject to change based on the final itinerary.
Any complaints in respect of DRIVISION services should be made in writing to the company’s head office.
No bill, poster or notice to be displayed on any vehicle without the written consent.
This Contract is governed by Australian law.
DRIVISION shall not be liable for failure or delay in performing obligations set forth in this agreement and DRIVISION 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 DRIVISION.
LIMITATION OF LIABILITY:
NEITHER DRIVISION, 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 SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IT IS EXPRESSLY AGREED THAT NEITHER BAYSIDE LIMOUSINES CARS & BUSES, NOR THE SERVICE PROVIDER, SHALL, UNDER ANY CIRCUMSTANCES, BE LIABLE TO ANY CHARTER FOR AN AMOUNT GREATER THAN THE SINGLE VEHICLE CHARTER FEE FOR THE DAY IN QUESTION.
PRICES SUBJECT TO CHANGE:
All prices quoted in the confirmation are subject to change under the circumstances described;
1. 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 (a) Require material modifications be made to the vehicle chartered under the confirmation prior to the date of the charter; (b) Cause DRIVISION to incur material additional or increased expenses in providing the charter services;
2. If due to market conditions or order discrepancies the estimated cost of the trip is higher than the initial estimate.
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.
The hirer may not assign this Agreement or any of their respective rights, interests, duties or obligations hereunder without the prior written consent of DRIVISION. DRIVISION may assign this Agreement and any of its rights, interests, duties or obligations hereunder without the prior written consent of the Hirer.
The following items and activities are prohibited:
• Alcoholic Beverages (unless with written consent)
• Glass containers
• Fuel containers
• Drugs (non-prescription)