Charter Hire - Terms & Conditions
1. Application of Terms
The Dunn Group (DG) provides ground transport services throughout Australia via the combined fleets of Telfords Bus & Coach, Telford Educational Tours, Pegasus Tours and other partner operators.
Your booking is accepted subject to the following terms and conditions and by confirming your booking you accept that these terms & conditions will apply. These conditions apply whether a contract has been made verbally or in writing. The hirer acts on behalf of all the passengers travelling on the vehicles. If the hirer is a company, group, or partnership, an individual must be named as a responsible person.
The hirer is responsible for the actions and decisions of all the passengers on board including any additional costs incurred in performing the contract, whether or not they actually travel with the party. If the hirer is not going to travel with the party, a representative must be chosen, and the company informed prior to the hire-taking place. The company will only accept instructions from the hirer or their nominated representative.
Quotations are given on the basis of the direct route and on information provided by the hirer. The route used will be at the discretion of the company unless it has been particularly specified by the hirer in which case it will be clearly shown on the confirmation. All quotations are given subject to the company having available a suitable vehicle at the time the hirer accepts the quotation. Quotations are valid for 14 days unless otherwise notified. Quotations are given for coach and driver only and excludes any Road Toll charges, unless stated on the quotation. Any additional charges will be separately identified and will be the hirers responsibility unless otherwise specified. The Company reserves the right to change quotations at any time within the 14day period provided that a booking has not been confirmed by both parties in writing and deposit has not been made to secure the booking.
3. Use of the Vehicle
The hirer cannot assume the use of the vehicle between outward and return journeys, nor that it will remain at the destination for the hirers use unless this has been agreed with the company in advance or requested to stay for the whole trip.
4. Route and Time Variation
The company reserves the right to levy additional charges for additional mileage or time to that agreed. The charges will be pro rata and in accordance with the formula used for the original booking confirmation. The vehicle will depart at times agreed by the hirer, and it is the responsibility of the hirer to account for all passengers at those times. The company will not accept liability for any losses incurred by passengers who fail to follow instructions given by the hirer.
a) Additional Charges for Route or Time Variation
When, at the request of the Hirer, any change in service resulting in additional KMs or hours to that specified on the charter service order produced, an additional charge shall be made for such additional service. Tolls, vehicle entry fees & parking fees, etc. will be separate and additional elements in the determination of any additional charges. DG will notify the Hirer of any additional charges that may be expected to be incurred at the time of the original order. Any additional fees unforeseen prior to the departure of the charter are the responsibility of 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 etc.
b) Waiting Charges
The first 15 minutes is free providing the vehicle departs within the 15 minute time frame.
After 15 minutes, normal waiting time charges apply including the first 15 minutes. E.g. 15 minutes is free, if you are 30 minutes late then 30 minutes is waiting time which includes the first 15 minutes.
A waiting fee will be charged in 15 minute blocks from the nominated pickup time at $50 per 15 minute block for buses and coaches.
5. Drivers Hours & Fatigue
The hours of operation for the driver are regulated by law, and the hirer accepts the responsibility of ensuring the hire keeps to the hours and times agreed by the Company. Neither the hirer nor any passengers shall delay or otherwise interrupt the journey in such a way that the driver is at risk of breaching regulations relating to driving hours and duty time. If any breach is likely to occur, the hirer will be responsible for any additional costs incurred unless it is outside the control of the hirer. The calculation of any additional costs will be as in condition 4.
6. Seating Capacity
The company will, at the time of booking, agree and specify the legal seating capacity of the vehicle to be supplied. The hirer must not load the vehicle beyond this capacity. When the hirer books a known number of passengers on a multiple vehicle charter, the company reserves the right to supply vehicles of different capacity and adjust the quantity of vehicles to carry the agreed number of passengers. This will depend on vehicle availability on the day.
7. Conveyance of Animals
On a charter, no animals [other than guide dogs and hearing dogs notified to the company in advance] may be carried on any vehicle without prior written agreement from the company.
Normally, written confirmation by the company is the only basis for the acceptance of a hiring or for a subsequent alteration to its terms.
Any deposit requested must be paid in order to secure the booking, and the balance must be made 7 days before the start of the hire unless otherwise agreed by the company or have a credit account set up with the accounts department. The company reserves the right to cancel your booking without refund should payment not be made within the time scales above. The company reserves the right to amend the price of a booking should full payment have not been made by the customer prior to the 7 day limit. Please note that deposits are non-refundable.
10. Cancellation by Hirer
In an event that you cancel your booking. The Company reserves the right to charge a cancellation fee as follows:
a) Bookings cancelled greater than 4 days prior to travel: up to 25% of the value of the booking
b) Bookings cancelled between 4 days prior to travel and the day of travel, but not on the day of travel: up to 50% of the value of the booking.
c) Bookings cancelled on the day of travel: up to 100% of the value of the booking.
In addition to any cancellation fee charged by The Company you will also be responsible for payment of any charges levied by suppliers in respect of the cancelled booking. In all cases the total fee charged will not exceed the value of the booking.
(i) PSSA Cancellations
Due to weather conditions only beyond the control of the organiser the following cancellation conditions apply,
a) No charge applies when cancellations have been advised at least 24 hours or more prior to departure time
b) 20% of the amount as per the booking will be invoiced if the booking is cancelled between 24 and 1 hour of the departure time.
c) 50 % of the amount as per the booking will be invoiced if the booking is cancelled within one hour of the departure time.
d) If coaches/buses arrive at the pickup location/boarding point and are not required and have not been cancelled, the full amount will be invoiced as per the booking.
(ii) All cancellations must be confirmed in writing.
11. Refund Policy
Refunds, where appropriate will be processed onto the card that payment has been made on. Please note refunds can take up to 5 working days to appear in your account. Please refer to section 10. Cancellation by the hirer, for scales of charges that apply when cancelling your booking. Please note that deposits are non-refundable.
12. Cancellation by the Company
In the event of any emergency, riot, civil commotion, strike, lock out, stoppage or restraint of labour or on the happening of any event over which the company has no control [including availability, adverse weather and road conditions] or in the event of the hirer taking any action to vary agreed conditions unilaterally, the company may, by returning all money paid and without further or other liability, cancel the contract.
13. Credit Card Charges
In the event of payment via credit card, The Company will charge an additional fee of up to 1.50% of the value of the booking according to the type of credit card used.
14. Vehicle to be Provided
a) The company reserves the right to provide a larger vehicle than that specified at no additional charge.
b) The company reserves the right to substitute another vehicle [including those of other operators] or ancillary facilities for all or part of the hiring subject to such substitutes being of at least equivalent quality.
15. Breakdown and Delays
The company gives its advice on journey times in good faith and does not 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 DG drivers are preselected 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 DG and the driver, and delays occasioned by same will not be the responsibility of DG or the driver. Late arrivals due to these and other occurrences out of the control of the driver are not grounds for cancellation of the charter.
The driver makes the final decision for the route taken based on time of day, day of the week, road works or knowledge of street delays due to accidents or other unforeseen occurrences.
Any late arrivals at your destination from taking of such routes are not cause for refunds, partial refunds or compensation in any way and the liability is limited to the value of the charter.
16. Agency Arrangements
Where the company hires in vehicles from other operators at the request of the hirer and where the company arranges ancillary facilities such as meals, accommodation, ferries, admission tickets or any other services provided by another supplier, it does so as agent for and on behalf of the hirer. Any items and conditions imposed by such other suppliers through the company shall, insofar as they are supplied to the hirer, be binding on the hirer as if he had directly contracted such services and the hirer shall indemnify the company against any loss, claim, damage or award in respect of a breach of such suppliers terms and conditions brought about by the hirers action.
The Company has no liability for any act, omission or default, whether negligent or otherwise of any supplier. We have no liability for any loss or damage occasioned by the negligence, act or omission of any supplier or other third party. In circumstances where liability cannot be excluded, such liability is limited to the value of the purchased travel arrangements. In case of a charter hire the liability is limited to the price of the charter that any loss or damage relates to.
18. Food & Beverage Consumption
Food & Beverages are not to be consumed on any vehicle without prior approval. In such circumstances payment of a bond may be required to cover the risk of damage to the vehicle. Your responsibility for any damage is in accordance with these terms and conditions.
19. Conduct of Passengers
The driver 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 on the drivers authority. The Hirer will be responsible for the conduct of passengers and for any damage caused to the vehicle by passengers during the hire.
DG reserves the right to charge the hirer for any damage caused during the course of any hire.
No Smoking (including e-cigarettes) permitted in any of our vehicles. (It is against the law in NSW to smoke in a Public Transport Vehicle). Smokers outside the vehicle must be at least 4 metres away from the vehicle at all times.
The driver reserves the right to refuse to transport persons under the influence of intoxicating liquor or drugs, or who are, or are likely to become objectionable to other persons inside or outside the vehicle. If there is unsociable or unruly behaviour on or off the vehicle any time, the driver has the right to terminate the charter immediately and if necessary call the police.
Any unruly or overly intoxicated passenger may be refused entry to the bus should the driver feel that he or she may become unruly, sick or abusive.
DG shall not be liable for any loss or inconvenience caused by the termination of its service due to unruly behaviour.
The Hirer is responsible for the cost of repairs resulting from any damage caused to the vehicle by any members of the hiring party, during the charter or hiring of the vehicle and is payable as soon as such cost is determined.
The company will not accept any liability for damage, injury or loss for any passenger out of their seat, standing up or walking around the vehicle whilst in motion.
In the event of complaint about the companys services, the hirer should endeavour to seek a solution at the time by seeking assistance from the driver or from the company. If this has not provided a remedy, complaints should be submitted in writing and within 5 days of the completion of the hire. The company will acknowledge all complaints within 7 days and will normally reply fully within 14 days.