TERMS AND CONDITIONS of hire - Wet hire

By agreeing to these Terms & Conditions, and/or submitting a Purchase Order and/or providing written acceptance of quote or estimate from the Company via email or other electronic means, the Hirer further agrees and warrants that they will be bound by these Terms & Conditions, and that these Terms & Conditions will take precedence over any other Terms & Conditions and cannot be superseded without the express written consent of the Company.

GENERAL TERMS OF CARRIAGE

Northfleet (or we or our or us) are not common carriers and may refuse to carry any person(s) without giving reason. Northfleet is responsible for services provided by it and has no liability for any other services.

It is the Hirer’s (You or Your or the Customer or Passenger) responsibility to read the FULL TERMS & CONDITIONS closely as confirming a booking confirms you accept and are bound by the TERMS & CONDITIONS.

Subject to the terms, Northfleet, have no responsibility for costs or losses including missed flights or travel connections, resulting from diversion, substitution, alterations, cancellations, delays or booking errors. It is the hirer’s responsibility to advise of any changes as full costs may be incurred.

Passengers must comply with all laws and regulations in the state they are travelling and with the instructions of Northfleet.

Except as otherwise provided by these terms, = and to the extent permitted by law: (a) Northfleet, are not liable for death of or injury to any person, for loss or damage to luggage or goods, for delays, or for consequential or other loss of any kind, arising directly or indirectly from negligence or omission or some other cause in connection with provision or non-provision of any services and (b) Is not liable for inaccuracy in any information concerning transport services or its prices.

YOUR WARRANTIES

Any person who signs our Agreement on behalf of You warrants that for all purposes of the Agreement that they are a duly authorised agent of You. You warrant that all particulars provided on the Agreement relating to the Hirer are correct and you acknowledge that we can rely on those representations to enter into this agreement with you.

All the particulars provided on Your application relating to You are correct. You acknowledge that Northfleet has relied upon those representations in entering into this agreement.

QUOTATION

Prices are current at the time of quotation and subject to availability at the time of booking. All quoted prices exclude GST. Northfleet reserves the right to pass on, without notice, any increases that may occur in any applicable airport charges, road & bridge tolls, entry fees or parking charges.

Quotes are valid for 30 days.

For additional terms please see our Quotation form. Particular conditions set out in an accepted quotation shall prevail to the extent of any inconsistency with these general conditions.

AMENDMENTS

Any changes/amendments to your booking after confirmation can only be accepted subject to availability. Northfleet reserves the right to charge an amendment fee in respect of any change to your booking, in addition to any other applicable charges in relation to the amendment.

Our quote is based upon the information You provided Us at the time of quotation. The price charged is however subject to the actual time taken to undertake the charter. Quoted prices may also change where material additional or increased expenses occur in providing the charter services. These may include (but are not limited to) fuel increases, changes in laws or regulations, or modifications necessary to a vehicle to undertake your job.

CREDIT CARD SURCHARGE

Credit card surcharges may apply as imposed on us by our merchant service provider. These will be made know to You at the time of payment.

If the transport or service is purchased with a credit card, you agree to make payment in full when billed or in extended payments in accordance with the standard policy of the issuer of the credit card.

EXTENSIONS & EXTRA CHARGES

The hirer is responsible for any charges levied by Northfleet, in respect of extra time if changes are made to the original booking either by you or a Passenger. This includes any extra charges levied where you choose to extend the duration or routing of your booking.

In the event of extra charges or extensions (refer above) the Passenger is to immediately pay the extra charge to the driver either prior to or upon completion of transfer. Additional charges can be charged back to your account or your credit card if this was used to secure the booking
originally

PAYMENT

Payment may be made by Visa, Mastercard, American Express, by Direct Deposit to our bank account, or on account. Account terms are strictly 30 days from date of invoice.

A 100% deposit will be required in order to confirm your booking unless we agree otherwise. Failure to pay the deposit will result in cancellation of the service. Full payment must be received at least 5 business days before the booking date, otherwise the service will be cancelled – unless we agree otherwise. Any costs and/or fees that are incurred by us as a result of a debt having to be referred externally to a debt recovery agency will be borne by you.
All costs and debts will be pursued until paid. You remain personally liable for the payment of all deposits and invoices. Pricing is calculated from Depot to Depot, including Drivers pre start.

CANCELLATIONS

We reserve the right to charge cancellation fees.  Fees can be charged as follows:

Non payment of balance of hire fee within 5 business days of hireForfeiture of deposit
Cancellation of charter less than 5 days before charterCharge of 25% of hire fee
Cancellation of charter less than 48 hours before charterCharge of 50% of hire fee
Cancellation of charter less than 24 hours before charterCharge of 100% of hire fee

Should passengers fail to appear at the designated point of charter at the appointed time then 100% of the hire fee will be charged.

ON TIME

Please be assured that Northfleet, will take every reasonable safeguard to achieve an on time service, however in the unlikely event of our vehicle being late due to circumstances howsoever caused, no liability will be accepted by Northfleet.

SURCHARGES

Some surcharges may apply on public holidays as well as for after hours bookings, or services that commence or conclude after hours.

LIMITS OF LIABILITY AND INSURANCE

Maximum liability, if accepted, will be limited to a refund for the trip in question. All care will be taken, but no liability will be assumed. No claim for liquidated damages, consequential loss or any other costs will be assumed.’ Northfleet shall be under no liability whatsoever to the Customer for any indirect loss and/or expense (including loss of profit) suffered by the Customer arising out of a
breach by Northfleet of this contract.

Northfleet are insured for Passenger travel. This insurance is for public liability and NOT travel insurance. Although every effort will be made to ensure the safe keeping of personal property, we do not accept liability for loss or damage of personal items. Please check that you have sufficient coverage for any personal property that is brought onto our vehicles.

CUSTOMER SAFETY

Our drivers will always obey the road rules and drive at safe and sensible speeds to the conditions of the road being driven on. The driver has sole responsibility for the vehicle and the safety of it and the Passengers. If the driver believes that any situation, road or venue is unsafe, then the driver’s decision to go, to change the route or not to go is final.

Our drivers are subject to the Western Australian Heavy Vehicle Fatigue Management regulations. Under no circumstances will our drivers disobey these regulations and break the law.

DAMAGE TO VEHICLE AND INAPPROPRIATE BEHAVIOUR

You, the client, are liable for any charge levied by Northfleet in respect of any damage caused to a vehicle due to your instructions or any directions you give to the driver. The driver reserves the right to evict any Passengers from the vehicle due to any inappropriate or unruly behaviour. No refund will be offered in these
circumstances

CONSUMPTION WHILST IN VEHICLE

Food & beverages, excluding bottled water, are not to be consumed in the vehicle.

LOST AND FOUND

Northfleet will not assume liability for any lost or misplaced personal property. In the event a Passenger leaves personal items in the vehicle Northfleet shall try to deliver any items back to the Customer at your expense or the item/s may be collected from our depot.

SEAT BELTS

Under Australian laws, it is compulsory that all Passengers wear seat belts, where fitted, at all times when the vehicle is in motion.

SMOKING

Smoking is not permitted in any Northfleet vehicle. Charges for additional cleaning will apply, at the discretion of Northfleet, if any Passenger is found to be smoking in any Northfleet vehicle.

SUBCONTRACTING

We reserve the right to use the services of other approved bus service providers as required. These operators have been pre-qualified by Northfleet and deemed to be of a sufficient quality to provide services on Northfleet’s behalf. These providers, for the duration of the booking, remain under the supervision of Northfleet.

PRIVACY POLICY AND PERSONAL INFORMATION

www.northfleet.com.au is the website of Northfleet. By using this site or any of our depots, you agree to these terms and conditions and our Privacy Policy (which is also found on our web site). The Privacy Policy relates to the collection and use of personal information you may provide to us through your contact with us. Your continued use of our website and its facilities constitutes your acceptance of the terms and conditions. Northfleet believes the information on the website is correct. Northfleet disclaims all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient relying on anything contained in or omitted from our website or publication.

Your personal information is used for the hiring of Northfleet services and used for that purpose alone. You understand that all information provided by you is your sole responsibility and Northfleet accepts no responsibility for any incorrect information provided in respect to the hiring made by whatsoever means made. No information is given to a third party except where the purpose relates to fulfilling the obligations of your hiring. Your personal information may be retained for use in future bookings. If at any time you believe the information is incorrect, you may contact us to have it corrected.

Credit Card details are stored securely for the purpose as outlined in our terms and conditions of hire. Northfleet staff are obliged to keep personal information secure.

Northfleet may be obliged to surrender your personal information to regulatory authorities and law enforcement officials in accordance with the applicable law. Personal information may also be disclosed to identify, contact or bring legal action against anyone damaging, injuring or interfering with our rights or property.

GENERAL CONDITIONS OF CHARTER

Passengers are solely responsible to be at the correct pick up/departure point.

You are responsible for allocating safe and legal pick up and drop off points. Any fines or penalties resulting from allocating such points will be Your responsibility. All personal items, luggage and goods carried on Your behalf are the responsibility of the passenger and/or You. We will not accept responsibility for loss or damage to any items carried on the vehicle.

All schedules and services are subject to change without notice. We do not accept responsibility for any missed connections.

If for whatever reason a Vehicle needs to be replaced, the replacement vehicle may be of a different type.

EVENTS BEYOND OUR CONTROL

We will not be liable for failure or delay in performing the obligations set forth in this agreement and We will not be deemed in breach of our obligations, if such failure or delay is due to natural disasters, strike, lock-out, or other industrial or similar disturbance, law, regulation or ordinance, or any cause reasonably beyond our control.

DISPUTE RESOLUTION

  1. If a dispute arises out of this contract, a party to the contract must not commence court or arbitration proceedings relating to the dispute unless that party has participated in a mediation in accordance with paragraphs 2 and 3 of this clause. This paragraph does not apply to an application for urgent interlocutory relief.
  2. A party to this contract claiming that a dispute has arisen from the contract (“the Dispute”) must give written notice specifying the nature of the Dispute (“the Notice”) to the other party or parties to the contract. The parties must then participate in mediation in accordance with this clause.
  3. If the parties do not agree, within seven days of receipt of the Notice (or within a longer period agreed to in writing by them) on:
    (a) the procedures to be adopted in a mediation of the Dispute; and
    (b) the timetable for all the steps in those procedures; and
    (c) the identity and fees of the mediator; then:
    (d) the President of The Law Society of Western Australia will appoint the mediator and determine the mediator’s fees and determine the proportion of those fees to be paid by each party (to be in equal shares unless otherwise agreed by the parties);
    (e) the parties must mediate the Dispute:
    (i) with the mediator appointed under paragraph
    3(d);
    (ii) with a genuine commitment to participate;
    and
    (iii) in accordance with the Mediation Guidelines of The Law Society of Western Australia.
  4. If a party commences proceedings relating to the Dispute other than for urgent interlocutory relief, that party must consent to orders under the Magistrates Court (Civil Proceedings) Act 2004 that the proceedings relating to the Dispute be referred to mediation by a mediator.
  5. If the parties do not agree on a mediator within seven days of the order referred to in paragraph 4, the mediator appointed by the President of the Law Society of Western Australia will be deemed to have been appointed by the Court.
  6. If a party:
    (a) refuses to participate in a mediation of the
    Dispute to which it earlier agreed;
    or
    (b) refuses to comply with paragraph 3(e) of this clause, a notice having been served in accordance with paragraph 2; then
    (c) that party is not entitled to recover its costs in any court proceedings or arbitration relating to the Dispute, even if that party is successful; and
    (d) that party is deemed to have consented to a decree of the Supreme Court of Western Australia that it will specifically perform and carry into execution paragraph 3(e) of this clause.