TERMS AND CONDITIONS   Effective 21 May 2008   The Conditions of the agreement between Bus It Queensland (Bus It Qld) including any of its company or affiliates and the passenger and/or Hirer of any of the services Bus It Qld provide are set out below. Please read these Terms and Conditions carefully as they contain the legal terms and conditions that you agree to when you utilise any of our services. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE NOTIFY US IMMEDIATELY.   APPLICATION These conditions apply once agreement has been signed by both parties. 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 agreement, 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 Bus It Qld is to be informed prior to commencement of charter. The company will only accept instructions from the Hirer or their nominated representative. If a Hirer confirms a quote before receiving these conditions and without being advised verbally of all significant terms, the Hirer may cancel the agreement without liability to Bus It Qld within 48 hours of receiving these conditions. Otherwise, the Hirer will be deemed to accept these conditions.   DEFINITIONS “Bus It Qld” shall include Bus It Queensland, its directors, employees, agents and subcontractors. “Hirer” unless a contrary intention appears, means and includes:- The natural person, company, corporation or Government Department hiring the vehicle(s) and/or equipment; Any person, company, corporation or Government Department which is or becomes vicariously liable at law to any other person for loss or damage caused by the driver of the vehicle. “Vehicle” means the vehicle(s) agreed to in the rental agreement, or any replacement provided to the Hirer by Bus It Qld and includes all tyres, tools, accessories and equipment provided with the vehicle. “Driver” is the vehicle operator who is appointed either by Bus It Qld or the Hirer.   QUOTES All quotes are valid for sixty (60) days only. Bus It Qld reserves the right to re quote with confirmation prior to execution where requirements are over sixty days.   CONFIRMATIONS Quotes must be confirmed at a minimum of 5 days prior (this may be waived under special circumstances) to the required dates of services as Bus It may not be able to supply the vehicle and/or services required. A quote is not confirmed until the Hirer receives a completed confirmation of quote form from Bus It Qld.   CANCELLATIONS, FEES & REFUNDS The Hirer must advise Bus It Qld of cancellations via fax, phone or email. If for any reason the charter service does not get utilised once the vehicle has departed any Bus It Qld depot or nominated pick up point it will then be classified as a “non-cancelled service”. If the Hirer fails to arrive on time or up to 60 minutes after the scheduled pickup time at the nominated pick-up point, the charter will then be terminated and classified as a “non-cancelled service”. There is no cancellation fee if the cancellation is made at least five (5) days prior to the departure date. The following cancellation charges apply. Non-cancelled service - Full charter fee applies (no refund) Cancellations made prior to the vehicle leaving the depot on the day of charter or tour - Charged 75% of hire fee. Cancellations within 24 hours except on the morning of charter - Charged 40% of hiring fee. Cancellations made between 25 hours to 4 days of the pick-up time - Charged a fee of $150.00. Bus It Qld services maybe cancelled at any time due to unforeseen Operational Circumstances and/or as a result of natural disasters, E.g. cyclones, flooding, operational requirements etc. In such situations, Bus It Qld 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.   ADDITIONAL CHARGES The driver’s accommodation and meals are not included in quotes. The Hirer is responsible for the organisation of the booking and payment of a suitable and separate room for the driver. Self drive buses do not include fuel and must have a full tank upon return. Or acceptance of fuel charges if re-fuelled by Bus It Qld. When, at the request of the Hirer, any change to the itinerary, including but not limited to additional kilometres or hours to the approved confirmation of quote form, an additional charge will be applied. Payment for Parking Fees, Tolls and vehicle entry fees etc. is the Hirer’s sole responsibility. The Hirer will not be notified if any additional charges to the original confirmation of quote form were incurred during hire except for on the tax invoice from Bus It Qld. Prior to the departure of the charter, any additional fees unforeseen are the responsibility of the Hirer. The Hirer is responsible to designate a safe & legal pick up point. The Hirer shall be liable for all fines & penalties resulting from unsuitable or illegal pick up points in no stopping zones, no parking zones, clearways and no standing zones. If additional payments are required for damages, cleaning, fines or penalties it will be claimed from the Hirer.   PAYMENTS One off charters must be paid in full at a minimum of 4 days prior to the required dates of services (this may be waived under special circumstances). Failure to make the required payment could result in termination of charter. Ongoing charters are invoiced monthly for services unless other terms have been agreed by upon both Bus It Qld and the Hirer All invoices must be settled by their due date. Bus It Qld reserves the right to apply interest at a rate of 8% compound interest per calendar month after the date by which payment should have been made. Bus It Qld accepts payments by cheque, credit card or internet transfer (visa and master card only). Cash payment is also accepted on the condition Bus It Qld has been advised of payment method at a minimum of four (4) days prior to the required dates of charter. The payment can be given directly to the driver on the day of the charter, prior to its departure. An invoice will be issued directly to the customer by the driver for cash payments or by arrangement by the customer.   DEPARTURE Passengers are advised to be at the designated departure point at least 10 minutes before the departure time.   BAGGAGE Baggage includes all items which accompany a passenger whilst aboard a Bus It Qld Vehicle, either within the baggage storage bins or carried on board by the passenger All baggage, including carry on baggage, is the sole responsibility of the passenger as Bus It Qld accepts no responsibility, and shall not be liable, for theft, loss or damage to any passenger's baggage, whilst at a Bus It Qld depot, on a Bus It Qld vehicle, in transit or otherwise in Bus It Qld’s possession or control, whether it be affected by Bus It Qld’s negligence, recklessness, wilful misconduct or otherwise. Carry-on baggage is any item carried aboard a vehicle by a passenger and includes, but is not limited to, clothing, sun glasses, books, hand bags, magazines, pillows, shoes, wallets and electrical equipment and components. Any baggage that is left aboard a Bus It Qld vehicle or at a Bus It Qld depot will be carried to Bus It Qld’s head office at Nebo and stored at the owner's risk for no more than 2 months after which all items will be disposed of accordingly.   NO SMOKING Smoking is not permitted aboard or within four (4) metres of all entry/exit points on a Bus It Qld vehicle.   GENERAL PASSENGER CONDITIONS OF TRAVEL Bus It Qld may refuse to permit any passenger to enter or continue aboard the vehicle at any time if, in the reasonable opinion of Bus It Qld the passenger, has violated or disregarded any of the Terms and Conditions or interfered in any way with the safety of the passengers, the driver, or the vehicle The Hirer will be responsible for the conduct of passengers and for any damage caused to the vehicle by passengers during the hire. Passengers must not interfere with any equipment or apparatus on the vehicle at any time. All passengers must be seated and with at all times when the vehicle is in motion. Passengers must always have seat belts fastened on vehicles If vehicle is fitted with seat belts, Passengers are not permitted to place any part of their body outside the vehicle whilst in motion. The Hirer is responsible for the cost of repairs resulting from any damage caused to the vehicle by any passengers of the hiring party, during the charter or hiring of the vehicle and is payable as soon as such cost is determined. The driver reserves the right to immediately terminate the charter and/or services due to unsociable or unruly behaviour on or off the vehicle and if necessary call the police. Passengers must remove all rubbish on exiting the vehicle. A fee of $$$ inc. GST may be charged to the Hirer if the vehicle returns in an unreasonable state. Bus It Qld will not be liable for the sickness of or any other injury to any passenger, whether caused by Bus It Qld’s negligence or otherwise, the Hirer and passenger jointly and severally agree to indemnify Bus It Qld against any liability to any person on whose behalf such travel was chartered. Bus It Qld shall not be liable for any loss or inconvenience resulting in termination of services due to any violation of Terms and Conditions or unruly behaviour.   MINIMUM DRESS REQUIREMENTS The minimum dress requirements consist of a shirt, shorts/trousers/skirt and footwear. Bus It QLD reserves the right to refuse travel to any passenger who does not comply with requirements.   PERSONAL HYGIENE Passengers must be suitably washed and clean prior to boarding any Bus It Qld vehicle. Any passenger with an odour  that, in the realistic opinion of Bus It Qld, is offensive to other passengers or staff, depending on the intensity of the odour  may be asked to either apply deodorant, bathe themselves prior to boarding and/or possibly be suspended from the service until the passenger no longer has an odour. If a fee is incurred due to a passenger’s odour, it will be charged to the Hirer.   DRUG OR ALCOHOL INTOXICATION Bus It Qld can refuse to transport, or remove from a service, a passenger who, in the realistic opinion of Bus It Qld, is intoxicated by alcohol and/or drugs and who may, or may not, potentially endanger or damage themselves, others or property. If any all additional costs are incurred as a result of the refusal to transport, or the removal from the service, will be charged to the Hirer.   VIOLENT, DISORDERLY & AGGRESSIVE BEHAVIOUR Bus It Qld does not tolerate any violent, disorderly or aggressive behaviour. Bus It Qld reserves the right to refuse travel or to remove a passenger from the service prior to or upon reaching their destination, if in the opinion of Bus It Qld Staff, the passenger/s is behaving in a violent, disorderly or aggressive manner which may include directing the unacceptable behaviour at the bus driver, staff members or fellow passengers. Such refusal or removal may be enforced for a stipulated or indefinite period of time, at Bus It Qld’s discretion. If any, all additional costs incurred due to refusal to transport or removal from a service will be charged to the Hirer.   DRIVER HOURS The Qld Government legislation states that in any period of five (5) hours and thirty (30) minutes a driver must not drive/work for more than five (5) hours and have a rest period of no less than thirty (30) minutes which can be taken continuously or in two (2) periods of fifteen (15) consecutive minutes. The Qld Government legislation states that in any period of twenty four (24) hours a driver must not drive/work for more than fourteen (14) hours (maximum twelve (12) hour period) and have a rest period of no less than ten (10) hours including one period of six (6) consecutive hours which must be taken away from the vehicle unless the vehicle is fitted with a sleeper berth.   DRIVER RESPONSIBILITIES Drivers must present a full and open drivers license. Interstate and international drivers licenses are acceptable. No provisional licenses permitted. Minimum driver age is 21 It is a requirement of both the law and Bus It Qld that the driver must have a blood alcohol level of zero and is not under the influence of drugs both illegal and sold over the counter and/or prescribed. The driver is required to behave in a positive and courteous manner towards passengers and public at all times. The driver must ensure the vehicle is not overloaded in accordance with the manufactures specifications.  If a passenger or intending passenger asks for reasonable help to board or leave the vehicle, or with baggage, the driver of the vehicle must, if reasonable provide assistance. Driver must not drive while fatigued – evidenced by sore or heavy eyes, weariness, lack of concentration and repeated yawning. Be medically fit at all times. Driver must report any defects or maintenance requirements on the hired vehicle in the job request register at the point of detection. The driver must be trained in emergency situations. In the case of emergency the drivers instructions are to be followed. The driver must immediately notify Bus It Qld’s Management if (a) If at any time the coaches will be late for any roster or charter. (b) There will be any additional runs due to strikes/meetings etc. (c) If any vehicle you are in charge of or aware of is involved in an accident or any damage is done to the coach whilst in your charge. (d) Of any high risk safety faults with vehicles.   BREAKDOWN & DELAYS All Bus It Qld vehicles are subject to a strict maintenance & inspection program carried out by qualified tradesmen to ensure an uninterrupted service. However Bus It Qld can not guarantee the completion of any charter in any specific time and will not be liable for loss or inconvenience caused by the actual charter 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 Bus It Qld drivers are pre-selected 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 Bus It Qld and the driver, and delays occasioned by same will not be the responsibility of Bus It Qld 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.   GENERAL TERMS AND CONDITIONS Bus It Qld reserves the right to alter or cancel any section of the charter due to road, weather or conditions of an operational nature If for some reason beyond the control of Bus It Qld or the service provider, a mechanical failure makes necessary the replacement of a bus originally assigned to the charter service, the replacement bus may be of a different type or engage a subcontractor to complete the charter. The arranged and agreed finishing time remains the same (unless extended) regardless of the starting time. Bus It Qld reserves the right to outsource charter work when it is unable to undertake a booking due to vehicle or driver availability (this will not result in an increase in the agreed quote unless the vehicle provided is specifically requested by the Hirer).   COMPLAINTS Any complaints in regards to any services of Bus It Qld should be made in writing to our Head Office at Nebo within fourteen (14) days by email or fax.  All complaints will be registered in our Complaints Register as required by The Ministry of Transport under Clause 12B (1) (g) of the Passenger Transport (Bus Services) Regulation.   PRICES SUBJECT TO CHANGE All prices quoted in the confirmation are subject to change under the circumstances described; (a) If the price of fuel increases by more than three percent (3%) between the date of the confirmation and the date of the charter, Bus It Qld 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 Bus It Qld 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.   GOVERNING LAW This Agreement and its performance shall be governed by the laws of the state of Queensland, state of Australia, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in the state of Queensland, Australia in all questions and controversies arising out of your use of this site and this Agreement.   FORCE MAJEURE No party shall be liable for any failure to perform its obligations in connection with any action described in this Agreement, if such failure results from any act of God, riot, war, civil unrest, flood, earthquake, or other cause beyond such party’s reasonable control (including any mechanical, electronic, or communications failure, but excluding failure caused by a party’s financial condition or negligence). LIMITATION OF LIABILITY NEITHER BUS IT QLD, NOR THE SERVICE PROVIDER, SHALL BE LIABLE IN ANY EVENT OR FOR ANY REASON, INCLUDING BREACH OF THIS AGREEMENT, EITHER DIRECTLY OR INDIRECTLY, TO THE OTHER CHARTER OR ANY THIRD CHARTER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS ARISING OUT OF THIS AGREEMENT, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR BUS IT QLD OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IT IS EXPRESSLY AGREED THAT NEITHER BUS IT QLD, NOR THE SERVICE PROVIDER, SHALL, UNDER ANY CIRCUMSTANCES, BE LIABLE TO ANY CHARTER FOR AN AMOUNT GREATER THAN THE SINGLE BUS CHARTER FEE FOR THE DAY IN QUESTION.   WAIVER No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.   HEADINGS The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision in this Agreement nor affect any of the rights or obligations of the parties to this Agreement.   NECESSARY ACTS, FURTHER ASSURANCES The parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement.   EXECUTION This Agreement may be executed in counterparts and by fax.   REPRESENTATION ON AUTHORITY OF PARTIES/SIGNATORIES Each person signing this Agreement represents and warrants that he or she is duly authorised and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party’s obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms.   ASSIGNMENT The Hirer may not assign this Agreement or any of their respective rights, interests, duties or obligations hereunder without the prior written consent of Bus It Qld. Bus It Qld may assign this Agreement and any of its rights, interests, duties or obligations hereunder without the prior written consent of the Hirer.   MODIFICATION OF AGREEMENT This Agreement may be supplemented, amended, or modified only by the mutual agreement of the parties. No supplement, amendment, or modification of this Agreement shall be binding unless it is in writing and signed by all parties.   SEVERABILITY OF AGREEMENT If any term or provision of this Agreement is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable, or invalid provisions or part thereof shall be stricken from this Agreement, and such provision shall not affect the legality, enforceability, or validity of the remainder of this Agreement. If any provision or part thereof of this Agreement is stricken in accordance with the provisions of this section, then this stricken provision shall be replaced, to the extent possible, with a legal, enforceable, and valid provision that is as similar in tenor to the stricken provision as is legally possible.   ENTIRE AGREEMENT This Agreement and all other agreements, either oral or written referred to in this Agreement constitute(s) the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings or agreements of the parties. This Agreement may not be contradicted by evidence of any prior or contemporaneous statements or agreements. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation, understanding, agreement, commitment or warranty outside those expressly set forth in this Agreement. I HAVE READ THE STANDARD TERMS AND CONDITIONS OF CONTRACT AND AGREE TO BE BOUND BY THEM.