WET HIRE TERMS AND CONDITIONS
These are the General Terms and Conditions of agreement made between Simmcal Pty Ltd, Trading as “Northfleet ®” (referred to as “Northfleet ®” ) and the party whose signature appears as Hirer on the Rental Agreement (referred to as the “Hirer”) whereby the parties agree as follows:
1.Agreement to Hire.
Northfleet ® charters to the Hirer and the Hirer charters from Northfleet ® the Vehicle and driver for the rental period at the agreed rental (as per application, Rental Agreement, or quotation) and subject to these terms and conditions. Particular conditions set out in a (accepted) quotation shall prevail to the extent of any inconsistency with these general conditions.
2. Warranty of Authority.
Any person who signs this agreement on behalf of the Hirer warrants that for all purposes of the Agreement he is the duly authorised agent of the Hirer. If such person is not the duly authorised agent of the Hirer then in consideration of Northfleet ® shall be deemed to be the Hirer and agrees to be bound by all the terms and conditions of this agreement.
3. Warranty by Hirer.
The Hirer warrants that:
(a) all particulars provided on the Hirer’s Application relating to the Hirer are correct; and
(b) the Hirer acknowledges that it is upon reliance of the truth of the above representations and those on the Application that Northfleet ® enters into this agreement .
We accept the following payment methods Visa, MasterCard and Direct Deposit.
A 30% deposit of the quoted fare will be required in order to confirm your booking unless otherwise agreed to by Northfleet ®. Failure to pay a deposit will result in cancellation of the booking.
Full payment must be finalised at least seven (7) days prior to charter hire date unless other payment agreement has been agreed to by Northfleet ® in writing. We accept payment by credit card or direct payment into our bank account.
Please take into consideration a direct payment into our bank account may take up to 48 hours to show up as cleared funds.
Note. If your charter booking is for a date within the next 7 days please call the office to discuss terms.
Failure to make full payment by the time of the service will result in a cancellation of service and become a “non-cancelled” service (see Cancellations), no refund will be issued for deposits paid and a re-booking fee may be applied.
- Any requested non-refundable deposit must be paid by the time stated.
- Any invoices must be finalised by their due date.
Any costs and/or fees that are incurred for Professional Costs as a result of Northfleet ® 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. The Hirer shall be personally liable for the payment of all deposits and payments.
All hires are priced upon the information supplied by the client, however are subject to change and Hirer will be liable for ACTUAL TIME. Any excess time must be paid immediately on completion of hire. Any variations to the original charter booking may incur additional charges and fees.
A security bond may be required for certain hires. The amount and terms will be advised at the time of quotation or booking. If a bond has been paid it will be returned to the customer within 2 working days of the Hire, provided that no damage has occurred or special cleaning is required.
Special requests made by the Customer during the Charter are to be agreed to by the Driver/ Northfleet ® management.
All prices quoted in the confirmation are subject to change under the circumstances described;
- (a) If the price of fuel increases more than 15% between the date of the confirmation and the date of the charter, Northfleet ® may charge a fuel surcharge;
- (b) 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
- (i) Require material modifications be made to the vehicle chartered under the confirmation prior to the date of the charter;
- (ii) Cause Northfleet ® to incur material additional or increased expenses in providing the charter services.
- (c) If due to market conditions or order discrepancies the estimated cost of the trip is higher than the initial estimate.
6. Cancellation’s, Cancellation Charges and Refunds
Northfleet ® reserves the right to charge cancellation fees. These fees are clearly defined below.
Should the charter service 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 pickup location 30 minutes after the nominated pickup time, then the charter shall be terminated and shall be classified as a “non-cancelled” service.
Failure to make final payment seven (7) days prior to hire date will result in a “non-cancelled” service and full charges will apply unless previously arranged in writing by Northfleet ®.
ALL CANCELLATIONS MUST BE IN WRITING.
The Hirer must notify Northfleet ® of cancellations via fax or email. There is a 10% cancellation fee if the cancellation is made prior to seven (7) days once a booking has been submitted.
Failure to make payment does not cancel the booking but becomes a “non-cancelled” service.
- A “non-cancelled” service means not cancelling the booking in writing.
The following Cancellation Charges apply:
- ”Non-cancelled” service – Full charter fee applies (no refund).
- Cancellations made on the day are 100% of the hiring fee.
- Cancellations within 24 hours except on the day of charter or 1 day prior – Charged 50% of hiring fee.
- Cancellations within 48 hours or 2 days prior – Charged 25% of hiring fee.
In some circumstances (e.g. vehicle mechanical failure) Northfleet ® may not be able to operate a hiring service, or part thereof. In such situations, Northfleet ® 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.
The hirer will also be responsible for payment of any charges levied by suppliers of Northfleet ® in respect of the cancelled booking.
7. Refunds, Breakdowns and Delays
Northfleet ® is not liable for, and accepts no responsibility for, delays due to traffic and traffic accidents or delays caused by unusual weather conditions. Late arrivals due to these, and other occurrences out of the control of the driver, are not grounds for cancellation or refund.
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.
Northfleet ® 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 Northfleet ® Bus drivers have instructions to drive at all times in compliance to all governing laws.
8. Smoking, Alcohol, Food and Drink
NO SMOKING is permitted in any of our vehicles at any time.
NO FOOD OR DRINK is to be consumed in any of our vehicles at any time unless prior written permission is given.
NO ALCOHOL is to be consumed in any of our vehicles at any time. Consumption of alcohol is illegal in any chartered vehicle under the Liquor Licensing and Tobacco Control Acts, related Regulations and Transport Department Rules
Northfleet ® operates to strict law abiding rules in the interest of safety and protection of its passengers/clients.
There is to be no opened or unopened alcohol brought onto the bus at any time. Any alcohol brought onto the bus covertly and consumed will result in immediate termination of service with no refund being given.
Northfleet ® reserves the right to inspect baggage or containers brought on board.
Northfleet ® reserves the right to charge the hirer for all extra charges, cleaning and damage fees, fines and penalties.
9. Conduct of Passengers
The driver is responsible for the safety of the vehicle and the safety of the passengers.
All passengers must be seated at all times when the vehicle is moving. Seat belts must be worn at all times.
At no time at all should any passenger throw objects out of the windows or have any part of their body outside the vehicle while the vehicle is moving.
Each passenger is responsible for their conduct and for any damage caused to the bus during the hire. 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 unacceptable behaviour on or off the bus at any time, the driver has the right to remove the offending passenger(s) at nearest safe location or prevent the offending passenger(s) from boarding.
The fare will not be refunded and it will be the passenger’s responsibility to make it to their destination. The matter may be reported to Police if deemed necessary by the Driver or Management of Northfleet ®.
Any inappropriate behaviour such as damage/vandalism of our property or vehicles, abusive or offensive behaviour, throwing of objects from the bus, verbal abuse of other road users, etc. will result with immediate removal of the offending passenger(s). The passenger(s) will be removed from the bus at the nearest safe location. The fare will not be refunded and it will be the passenger’s responsibility to make it to their destination. The matter may be reported to Police if deemed necessary by the Driver or Management of Northfleet ®.
Northfleet ® shall not be liable for any loss or inconvenience caused by the termination of a service or the removal of the offending passenger(s) due to unruly, unsociable or unacceptable behaviour.
Northfleet ® reserves the right to terminate a charter if any passenger actions are deemed threatening or dangerous to the Driver or other passengers.
The Hirer is responsible for all passenger behaviour and any penalties received by unruliness or stupidity of their passengers will be borne by the Hirer.
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.
Our vehicles will not travel on any roads that are inaccessible, that could cause damage to the vehicle or put passengers at risk. It will be at the driver’s discretion to ascertain if the vehicle is capable of travelling on any particular road.
12. General Charter Service Terms of Hire
- (i). It is the sole responsibility of the passenger to be at the correct pick up/departure point.
- (ii). 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.
- (iii). All personal items are the sole responsibility of the passenger and are carried on board the bus at their own risk.
- (iv). We are not a common carrier and reserve the right to change, replace or cancel any service at any time whatsoever.
- (v). All schedules and services are subject to change without notice and the carrier assumes no responsibility for making connections.
- (vi). Northfleet ® accepts no responsibility for loss and/or damage to baggage or contents thereof whatsoever, whether such loss or damage may be due to alleged negligence or misconduct on the part of the carrier, its agents or servants or otherwise whosoever.
- (vii). Northfleet ® will not be held responsible for any losses or costs incurred whatsoever for any action outside it’s control including traffic conditions, unusual weather conditions, civil, industrial or public actions or from any form of vehicle breakdown whatsoever.
- (viii). Northfleet ® reserves the right to charge the hirer for all extra charges, cleaning and damage fees, fines and penalties. Any additional payments will be claimed from the Hirer.
- (ix). QUOTES are valid for 30 days and may vary after this time to cover any additional .
- (x). Northfleet ® 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 Northfleet ®, the driver, its servants or agents.
- (xi). All lost property will be returned to the office of Northfleet ® and registered in our Lost & Found Register. Lost property can be collected from our office Monday to Friday. Unidentifiable and uncollected lost property will be held at our office for a maximum period of 3 months from when it was found, after which point it will be disposed of accordingly. Perishable items will be immediately disposed of.
- (xii). Your driver has been trained to manage emergency situations. In the case of an emergency, please follow the driver’s instructions.
- (xiii). The driver is ultimately in total control of the charter and will communicate with the hirer or tour/group leader regarding alterations to the charter or requests from the group.
- (xiv). The agreed and arranged finishing time remains the same (unless extended) regardless of the starting time.
- (xvi). By confirming your booking with Northfleet ® you are agreeing to Northfleet ®’s Terms and Conditions under our policies and guidelines.
- (xvii). By making a deposit or submitting credit card details to secure a booking with Northfleet ® you are bound by the company’s Terms and Conditions.
- (xviii). A booking is not confirmed until written confirmation is received from Northfleet ®. A quote does not confirm a booking.
13. Additional Charges
When, at the request of the Hirer, any change in service resulting in additional kilometres 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. Northfleet ® 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.
Any additional payments required resulting from damage; cleaning, fines or penalties will be claimed from the Hirer.
Northfleet ® reserves the right to send you a tax invoice, bill, quote or estimate or charge your credit card, forfeit bonds or security deposits for all waiting time charges, damages, penalties, parking fines or cleaning as a result of your booking. Waiting time can be charged as an additional cost depending upon the circumstances.
- Waiting fees will be charged in 15 minute blocks from the nominated pick-up time.
14. Driver Hours
WA Fatigue management Regulations require that there can be no more than 17 hours between breaks of at least 7 continuous hours of non-work time; also a Commercial Vehicle Driver must have 27 hours of non-work time in any 72 hour period. It is possible to work for 17 hours on two consecutive days but no more than 11 hours the next day (this is not recommended).
There must be at least two periods of 24 continuous hours of non- work time in any 14 day period and a maximum of 168 working hours in any 14 day period. Working hours include driving hours and work incidental to driving, so time on a header counts as working time therefore is included as part of the 17 hours.
15. Passenger Property
All vehicles chartered or hired out 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.
Northfleet ® agrees that in agreeing to carry the passenger’s 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 Northfleet ® shall not be liable for any loss or damage of such baggage or effects of whatsoever nature and howsoever caused including negligence.
The vehicle is thoroughly inspected before being assigned to the charter service to ensure uninterrupted service. If for some reason beyond the control of Northfleet ®, 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. Northfleet ® 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.
17. Overnight & Extended Day Trips
The Hirer is responsible for reserving and paying for a separate room and main meal for the driver for any overnight tour or charter. A thorough itinerary is required for extended overnight trips at least two (2) weeks prior to departure and the final itinerary must be received at least one (1) week prior to departure. Prices are subject to change based on the final itinerary.
18. Events Beyond Operator’s Control.
Northfleet ® shall not be liable for failure or delay in performing obligations set forth in this agreement and Northfleet ® 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 Northfleet ®.