TERMS & CONDITIONS
The hire of a vehicle for any charter is subject to the Terms and Conditions set forth unless a specific written agreement has been agreed upon between the client and Perth2WA Exclusive Charters. Client, customer or passenger refers to any and all parties and entities which have entered into this agreement with Perth2WA Exclusive Charters. By placing a booking with Perth2WA Exclusive Charters, the client acknowledges that they have read, understood and agree to accept the Terms and Conditions as detailed below. Tours refers to any Tours, Charters and Experiences.
Prices All prices are quoted in Australian Dollars and are inclusive of GST. All prices quoted are per passenger (unless otherwise noted) and are correct up to 31 December 2021.
Contract All bookings are made with Up Perth2WA Exclusive Charters (ABN) 22 462 325 244, referred to throughout these terms and conditions as ‘Perth2WA Exclusive Charters’.
Please read the following terms and conditions carefully. You should fully understand and agree with these before proceeding with any booking with Perth2WA Exclusive Charters. 1.0 Conditions of Quotations
1.1 The person requesting for a quotation and/or subsequent booking must be at least 18 years of age. 1.2 Quotations are valid for a period of 30 days from the date of issue subject to vehicle availability and can be withdrawn by Perth2WA Exclusive Charters without notice. Price changes may occur by reason of matters outside Perth2WA Exclusive Charters control which may increase the cost of the service. Factors may include but are not limited to fuel surcharges, insurance increases, etc. 1.3 In the event that an obvious error has occurred with the quoted/accepted price, Perth2WA Exclusive Charters reserves the right to advise the client of the error, provide an amended price and void the booking whether it has been accepted or confirmed by the client. 1.4 It is the responsibility of the client to check that all details provided in the quotation are correct. Perth2WA Exclusive Charters accepts no responsibility for the accuracy of customer itineraries. 1.5 No bookings are made when a quotation is provided and Perth2WA Exclusive Charters does not accept tentative bookings.
2.0 Bookings
2.1 ‘Booking Confirmation’ which the client receives is a legally binding contract or ‘Charter Agreement’ between client and Perth2WA Exclusive Charters. 2.2 Once the client has confirmed the booking via email, phone or facsimile, Perth2WA Exclusive Charters will send an email confirmation. 2.3 It is the responsibility of the client to ensure that the ‘Booking Confirmation’, once received, is accurate and complete. Any discrepancies found in the Booking Confirmation must be communicated to Perth2WA Exclusive Charters as a matter of urgency. 2.4 No amendments can be agreed upon with a Perth2WA Exclusive Charters driver. All amendments to a booking must be made in writing and sent to
[email protected]. The driver does not have the authority to bind Perth2WA Exclusive Charters to any agreement with the client in any manner whatsoever. 2.5 For some charters, it may be necessary to have accommodation and meals provided for Perth2WA Exclusive Charters driver/s, these costs, unless prior arrangement has been made, shall be borne by the client.
3.0 Payment and Bond
3.1 Public tours, charters and experiences are to be paid in full upon booking. No seats will be held without payment. 3.2 Custom/Private tours, charters and experiences are to be secured with a 20% non-refundable deposit is due at the time of booking. The balance of your booking (i.e. full cost less the initial deposit) is due 14 days before the date of your tour. A custom or private tour is a booking where the
entire vehicle is booked for a private tour for a group of 2 or more people. 3.3 A $200 Bond is required to secure the booking and the charter must be paid in full 10 working days prior to the charter date. 3.4 If full and final payment has not been received by Perth2WA Exclusive Charters 10 working days prior to the charter date, and attempts to reach the client are not successful, the vehicle will not be dispatched from Perth2WA Exclusive Charters. The client accepts to forfeit any monies paid, including the bond should the charter be cancelled due to unsuccessful attempts to reach the client. 3.5 Bonds are a part of Perth2WA Exclusive Charters’ policy and are in addition to charter costs. The bond is refundable 3 to 5 working days following the completion of the charter, provided there has been no damage/s to the vehicle/s, excessive cleaning required, amendments to the charter details or applicable demurrage charges. 3.6 Account holders are required to pay as per the payment terms listed on the invoice. 3.7 Payments can be made by Bank transfer, PayPal, MasterCard (1.5% surcharge applies) or Visa (1.5% surcharge applies).
4.0 Cancellation
COVID-19 UPDATE to cancellation policy Any guests showing symptoms or cold, flu or ill health WILL NOT be permitted to board our vehicles or participate in any way. Anyone that is rejected on the day of the tour for these reasons will not be refunded any costs. 4.1 Cancellation of bookings must made in writing by the client to Perth2WA Exclusive Charters via email to
[email protected] Please ensure that a confirmation of the cancellation has been received. Perth2WA Exclusive Charters does not accept phone cancellations. 4.2 Cancellations within 24 hours of the charter will be charged a full or part payment as per management’s discretion. 4.3 In the event that a customer cancels their tour the following refund rules apply: 4.3.1 Cancellation more than 14 days before the date of the tour – your payment will be returned to you less any costs we incur*
4.3.2 Between 2 and 14 days before the tour date – 50% of the booking value will be returned
4.3.3 Less than 48 hours before the day of the tour – 0% of the booking value will be returned 4.4 In the event that Perth2WA Exclusive Charters is unable to provide a vehicle to meet all or part of the client’s booked requirements due to reasons of emergency, vehicle unavailability, or other reason, Perth2WA Exclusive Charters will take all reasonable measures to provide a replacement or alternative solution. 4.5 In the event that Perth2WA Exclusive Charters is unable to provide a replacement or alternative solution, Perth2WA Exclusive Charters reserves the right to return all monies paid and, without liability, cancel the booking providing the client with as much notice as possible. In such circumstances, Perth2WA Exclusive Charters shall have no liability for any inconvenience or loss incurred and will not be held liable for any direct or consequential loss however so arising. 4.6 In the event that a tour is cancelled, the option to reschedule for another tour/time/date will be offered as will the option for a full refund of monies paid. In the event that an itinerary is changed, the venue or tasting will be replaced with an equivalent experience. 4.7 If for any reason it is not possible to complete a tour, we will endeavour to refund or reschedule where possible. Depending on costs incurred, and percentage of the tour that is incomplete, it is at the discretion of Perth2WA Exclusive Charters as to whether a refund is offered. 4.8 Perth2WA Exclusive Charters reserve the right to cancel tours if they believe the health and safety of customers is at risk or if they believe they will be unable to fulfil the tour due to Government restrictions. Any tours cancelled by Perth2WA Exclusive Charters will be offered a refund or credit note (to be used at a later time) at the absolute discretion of Perth2WA Exclusive Charters.
5.0 Conditions of Travel
5.1 Passengers are required to conduct themselves in a manner acceptable to normal community standards. 5.2 Aggressive or disorderly conduct displayed toward any other passengers or Perth2WA Exclusive Charters staff will not be tolerated and passengers may be refused entry or required to disembark at any time during transit. 5.3 Passengers must not have any part of their body outside of the bus, and must not throw any objects or items from the bus. 5.4 Consumption of alcohol, cigarettes and illegal drugs is not permitted on Perth2WA Exclusive Charters buses. 5.5 Any passenger that requires more than minimal assistance from the driver to board/disembark may be required to be accompanied by a carer. Any assistance from the driver is at the driver’s discretion to avoid injury to the driver. 5.6 Registered guide dogs are permitted to travel with their owner. Prior advice when booking is requested. 5.7 Passengers are prohibited to carry dangerous, flammable or illegal items/goods on any part of a passenger/person or the vehicle. 5.8 Any costs incurred to the passenger/s as a result of refusal to board or removal during transit will be the sole responsibility of the offending passenger/s 5.9 All property carried by the client, either in the luggage storage compartment or on board, are at the passengers own risk. Perth2WA Exclusive Charters does not accept liability for goods lost, stolen or damaged either during transit or at pickup/drop off locations. 5.10 The client agrees that any luggage or goods carried on board or stored in the luggage compartment will not cause, either directly or indirectly, any damage or harm to other passengers, other passengers effects or cause damage to the property of Perth2WA Exclusive Charters. 5.11 Perth2WA Exclusive Charters will endeavour to honour its commitments relating to departure and arrival times but will not be held liable in the event that times are unable to be met as a result of road, traffic, weather conditions or any other event that would reasonably cause a delay. 5.12 Perth2WA Exclusive Charters reserves the right to vary schedules and prices without notice. Bookings made prior to any changes will be honoured and every endeavour will be made to notify the clients with valid bookings of changes to the schedules. 5.13 Possession or carriage of firearms, explosives and fireworks are strictly forbidden on all Perth2WA Exclusive Charters vehicles. 5.14 Upon request, personal CD’s or DVD’s can be played on board of the vehicle and will be returned to the client upon completion of the service. Perth2WA Exclusive Charters disclaims any and all liability for the showing of Copyrighted CD’s and DVD’s and the client agrees to indemnify Perth2WA Exclusive Charters of any liabilities which may arise. 5.15 Under the Liquor Control Act 1988, it is an offence: to sell or supply liquor to a person under the age of 18 years on licensed or regulated premises; or for a person under the age of 18 years to purchase, or attempt to purchase, liquor on licensed or regulated premises. 5.16 On all of our tours the owners/operators of the business are obligated to adhere to responsible service of alcohol laws and reserve the right to refuse service to patrons who show signs of intoxication. Refusal to participate also applies to any tours of operational wineries, distilleries, farms etc where intoxication may become an occupational health and safety hazard.
6.0 General Terms
6.1 Bookings made are based on passenger numbers and not on vehicle type, unless specifically requested. The client may receive a different configuration/combination of vehicles on the day of the charter in comparison to what was previously advised on the booking confirmation. 6.2 Perth2WA Exclusive Charters drivers will obey road speed restrictions irrespective of unscheduled delays in transit. 6.3 Perth2WA Exclusive Charters drivers must maintain legal driving hours and driver rest periods in line with current regulations. 6.4 Perth2WA Exclusive Charters drivers will remove waiting vehicles from pickup points if the vehicle and driver have been waiting in excess of 20 minutes for the passengers. The driver may remove the vehicle with, without notification by the passenger group at Perth2WA Exclusive Charters discretion. Due to other operational commitments, this may result in job cancellation. 6.5 Any issues arising from the service provided by Perth2WA Exclusive Charters must be received in writing within 30 days of the service completion date for an official response. Issues or compensation claims made after this time may not receive a response. 6.6 You agree that Perth2WA Exclusive Charters are able to use images of you captured whilst on our tours for use on our website, social media or in marketing material. If you do not want your image to be used you will need to notify us in writing before the tour commences. Photos displayed on our website and social media are for illustrative purposes and may not depict your exact tour as each tour is unique.
7.0 Exclusion of Liability
7.1 Perth2WA Exclusive Charters will take all reasonable steps to provide the client the services outlined in the confirmation advice. Perth2WA Exclusive Charters accepts no liability for: 7.1.1 Substitution of vehicle for reasons beyond Perth2WA Exclusive Charters control. 7.1.2 Any loss of enjoyment experienced by passengers due to circumstances beyond Perth2WA Exclusive Charters control. 7.1.3 Loss or damage to goods and or luggage. 7.1.4 Failure to meet connections due to unexpected delays. 7.1.5 Any other costs incurred by the client. 7.1.6 Acts of Force Majeure. 7.2 You release Perth2WA Exclusive Charters and its officers, employees, agents and representatives from any liability and expressly waive any claims you may have against us arising out of or in connection with your participation in a tour. Any condition or warranty which would otherwise be implied by law into these Booking Conditions (Implied Warranty) is excluded.
8.0 Enforceability
8.1 If any provision, clause or term of these Terms and Conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be declared void but all other terms will remain valid. 8.2 The Terms and Conditions shall apply whether the agreement is verbal or written and shall enter into force immediately upon Perth2WA Exclusive Charters accepting a booking from the client.