1.1 How these Terms apply

(a) These terms become binding when:

(1) You sign them or tell us You accept them;

(2) We confirm Your booking for the charter services; or

(3) You accept the quotation provided by Us.

(b) Your booking is accepted subject to these Terms and by confirming Your booking, You accept that these Terms will apply to the Bus Charter Services.

(c) These Terms apply to the Bus Charter Services whether a quotation has been accepted by You verbally or in writing.

1.2 Definitions

(a) In these Terms:

Kinetic is referred to as “We”, “Us” or “Our”; and

“You” or ““Your” refers to a client of Kinetic which requires the Bus Charter Services.

“Passenger” refers to a traveller on the bus organised by You.

(b) The following definitions will apply to these Terms:

Bus Charter Services means Kinetic’s provision of bus services hired by you for a fixed period on a temporary basis.

Fees means the fees for the Bus Charter Services, as specified in the booking confirmation and any variation agreed between You and Us from time to time.

Force Majeure Event means any of the following events or circumstances:

(1) fire, storm, lightening, flood, earthquake or pandemic;

(2) act of God;

(3) acts of war, acts of public enemy, sabotage, malicious damage, riots, terrorism or civil unrest;

(4) strikes, lockouts or other industrial disputes or actions; or

(5) any other event outside of the reasonable control of a party.

Kinetic means Kinetic and Related Body Corporate from time to time of Kinetic TCo Pty Ltd, including but not limited to:

Marrickville Bus Lined Pty, trading as “Kinetic Sydney”;

Kinetic (Tasmania) Pty ltd, trading as “Kinetic Redline”;

Mersey Bus & Coach Service Pty ltd, trading as “Merseylink”;

East Tamar Bus Lines Pty Ltd;

Transit Australia Pty Ltd;

Surfside Buslines Pty Ltd;

Mackay Transit Coaches Pty Ltd, trading as “Mackay Transit Coaches” or “MTC:

Kinetic (WA) Pty Ltd, trading as “Kinetic WA”; and

Kinetic Specialised Resources, trading as “Kinetic Resources”.

Related Body Corporate has the meaning given to it in the Corporations Act 2001 (Cth).

Terms means these Terms and Conditions for the Bus Charter Services provide by Us.

(a) Quotations are given on the basis of the direct route, suitable to the Bus Charter Services, and other background information provided to Us by You.

(b) Quotations are:

(1) prepared by Us based on the availability of suitable vehicles at the time of the preparation of the relevant quotations;

(2) valid for 14 days upon notification, unless otherwise notified to You; and

(3) calculated based on the costs for vehicles and drivers only, exclusive of any road toll and parking charges.

(c) We reserve the right to vary quotations at any time prior to Your acceptance of the quotations.

(d) All quotations are exclusive of GST unless otherwise stated in the relevant quotation.

(e) Notwithstanding the quoted price, any increases that may occur in any applicable charges, such as airport charges, road rolls, entry fees or parking charges will be payable by You.

3.1 Additional Charges

3.2 Late Charges

The first complimentary 15 minutes of waiting time at the commencement of the Bus Charter Services will be offered. After the complimentary 15 minutes, a late departure charge will be charged incrementally every 15 minutes.

3.3 Extension to Booking

If You wish to extend the duration of the Bus Charter Services, any additional charges will be payable by You. This may include fees charged by accommodation, venue or airlines.

4.1 Driver Fatigue Management

You acknowledge and agree that Our drivers must comply with the relevant bus driver fatigue management requirements applicable to the Bus Charter Services in the State or Territory where the services are delivered.

4.2 Driver’s Rights

Our drivers have the right to:

(a) refuse passengers who:
(1) are under the influence of alcohol or drugs;
(2) are likely to become objectionable to other passengers;
(3) are observed smoking or attempting to smoke on board a bus, including any onboard toilet facility; or
(4) fail to comply with any applicable laws, rules and regulations;

(b) terminate the Bus Charter Services immediately without any liability in the event of unsociable or unruly behaviour which affects Our drivers’ ability to provide the Bus Charter Services.

You:

(a) You acknowledge that the Passenger must:

(1) not smoke;

(2) not consume hot food, alcohol or illegal drugs;

(3) remain seated while the bus is in motion; and

(4) wear seatbelts

on Our buses.

(b) You are responsible for all luggage, carry on bags and personal items. We do not accept any responsibility for any damage to, theft or loss of any luggage.

(c) Registered service animals are permitted to travel with their owner.

(d) We have the right to refuse carriage of any luggage if We reasonably believe that the luggage is unsafe or hazardous.

7.1 Fees

In consideration for providing the Bus Charter Services, You must pay Us the Fees in advance in accordance with clause 7.2, unless You have an established credit account with Us in which case clause 7.3 applies.

7.2 Invoicing and payment

7.3 Payment term for credit account

(a) If You have a credit account with Us, no later than five (5) business days after the end of each month, We will issue an invoice to You for the Fees payable for the previous month.

(b) Each invoice will:

(1) specify the Bus Charter Services that are the subject of the invoice; and

(2) include or attach supporting documentation showing how the Fees were calculated.

You must pay Us the amount set out in each invoice within 14 days of the invoice date.

(a) If Your booking is cancelled due to weather conditions which are beyond Your control, the following cancellation fees apply:

If booking is cancelled

Cancellation Fee

(based on the total Fees)

at least 24 hours prior to the departure time

No cancellation fee

between 24 hours and 1 hour of the departure time

20%

Within 1 hour of the departure time

50%

After the vehicle arrives at the pickup point

100%

(b) If Your booking is cancelled for all other reasons, other than weather conditions, the following cancellation fees apply:

If booking is cancelled

Cancellation Fee

(based on the total Fees)

at least 4 days prior to the departure time

25%

Less than 4 days of the departure time

100%

(c) All cancellations must be confirmed in writing.

We may subcontract to any person, the supply of all or part of the Bus Charter Services. We will remain responsible for the acts and omissions of Our subcontractors in the course of providing the Bus Charter Services as if they were Our own acts or omissions.

10.1 Our Liability

(a) Subject to clauses 10.1(b) and (c), these Terms do not limit consumer guarantees and rights that exist under the Australian Consumer Law, as contained in Schedule 2 of the Competition and Consumer Act 2010 (cth).

(b) We will take all reasonable steps to provide You the Bus Charter Services outlined in the booking, but We accept no liability for:

(1) substitution of vehicle for reasons beyond Our control;

(2) any loss of enjoyment experienced by passengers due to circumstances beyond Our control;

(3) loss or damage to goods and luggage;

(4) failure to meet connection due to unexpected delays;

(5) a Force Majeure Event; or

(6) any other costs incurred by You for reason beyond Our control.

(c) Our liability in respect of breaches of any of the consumer laws is limited to:

(1) the resupply of the Bus Charter Services; or

(2) the payment of cost of resupply of the Bus Charter Services.

10.2 Your Liability

(a) You are liable for any damage to vehicle caused by You or a passenger; and

(b) a minimum fee of $150 for cleaning of the vehicle if the vehicle returns in a state of unserviceability for the next charter.