Effective: 18th September 2022
Direct Coach Hire
167-169 Great Portland Street, 5th Floor, London, England, W1W 7LT
Acceptance and Agreement
By accessing or using the services provided by Direct Coach
Hire, you acknowledge and agree to be bound by these Terms and Conditions.
These Terms and Conditions constitute a legally binding contract between you
(hereinafter referred to as “You”) and Direct Coach Hire.
Booking
1. Confirmation: You acknowledge and agree that:
– These Terms and Conditions are accepted by you, and a
contract between You and Direct Coach Hire is formed upon confirmation of the
Booking.
2. Booking Fees Confirmation: Direct Coach Hire
will confirm the Booking Fees once you make and confirm the Booking, which is
only valid at the time the Booking is made by You. The Booking Fees cover the
Operator and the Vehicle only, unless otherwise directed or notified in writing
by Direct Coach Hire.
– You must ensure that the Booking is entirely accurate and
complete.
– You must notify Direct Coach Hire of any inaccuracy or
error in the Booking within one (1) day of the Booking Confirmation Date.
– Any matter, item, or thing not referred to or forming part
of the Booking cannot be relied upon by you.
3. Change or Amendment: You must notify Direct
Coach Hire of any change or amendment to any part of the Booking within one (1)
day of the Booking Confirmation Date. If you notify us of a change or amendment
within one (1) day of the Booking Confirmation Date:
– Direct Coach Hire will provide a new Booking.
– Any Additional Booking Fees must be paid prior to
confirmation of the new Booking.
– You must not request the Operator to change or amend any
part of the Booking.
– If Direct Coach Hire cannot provide a new Booking, then
you may rescind (cancel) these Terms and Conditions with immediate effect by
giving notice to Direct Coach Hire within seven (7) days of being notified by Direct
Coach Hire.
Warranties
4. You warrant the following:
– The Booking and Booking Fees are only for the use of the
Operator and the Vehicle and do not include any additional fees and charges,
including but not limited to admission, tickets, tolls, ferries, accommodation,
fuel surcharges, and parking.
– The times and durations of all journeys are advisory only
and based on known facts at the relevant time.
– The seats available are only for those set out in the
Booking, irrespective of the Vehicle’s actual capacity.
– The Booking time is based on 24-hour time measurement, and
a Booking for a Journey at 00:00 on a specified day is considered the night of
the previous day.
– The use of the Operator and Vehicle may be subject to
risks, traffic congestion, roadworks, road diversions, weather, other vehicle
mechanical breakdowns and accidents, and the hindering, impeding, or prevention
of scheduled on-time arrival.
– All departure and journey times contained in any Booking
are accurate, and you have accounted for additional time for any delay,
obstruction, unforeseen event, or any other risk or loss.
– All information provided by you regarding travel, purpose,
and Vehicle requirements are relevant and accurate.
– You have not provided any misleading or inaccurate
information or otherwise withheld any information that you reasonably know or
ought to know is relevant in connection with the Booking.
– The Vehicle must not travel on roads or roadways that are
unreasonably obstructed or otherwise will hinder, impede, or prevent the
Operator or Vehicle from completing the Booking and journey, including but not
limited to weight-restricted bridges or roads, unsealed roads, narrow access
points, overhanging trees or wires, low-level underpasses, or roads with unsafe
turns or inclines for the Vehicle type booked for a Journey.
Payments
5. Deposit: You must pay the Deposit to Direct
Coach Hire prior to the Booking Confirmation Date.
6. Bond: You must pay any Bond to Direct Coach
Hire within two (2) days of any request made by Direct Coach Hire.
7. Booking Fees and Charges: You must pay the
Booking Fees to Direct Coach Hire on the later of:
– 14 days prior to the Journey Date.
– Within two (2) days of the Booking Confirmation Date.
– If there is a prior written credit arrangement or account
facility between You and Direct Coach Hire, You must pay the Booking Fees to Direct
Coach Hire within seven (7) days of receipt of each related Invoice.
– Direct Coach Hire is permitted to charge for all costs and
expenses incurred in connection with these Terms and Conditions. You must pay
for such costs and expenses to Direct Coach Hire within seven (7) days of
receipt of each related Invoice.
8. Outstanding Payment: If You do not make
payment of any money payable by You to Direct Coach Hire by the respective due
date, Direct Coach Hire is entitled to:
– Charge interest on the respective outstanding amount at
the rate of 15.00% per year, accruing daily.
– Charge a late payment fee of $75.00 on the respective
outstanding amount, not as a penalty.
– Time for payment of amounts due and payable under
this clause is of the essence.
Under this, clause 3 is of the essence.
Journey
9. Subject to the payment of amounts due and payable by
You pursuant to these Terms and Conditions, Direct Coach Hire will arrange the
occurrence and completion of a Journey in accordance with these Terms and
Conditions.
10. Substitution of Vehicle: Direct Coach Hire
is entitled to substitute any Vehicle for another vehicle or vehicles of
similar capacity and safety at its absolute discretion. If Direct Coach Hire is
operationally compelled to provide a Vehicle of a higher standard or greater
seat capacity, You will not be charged for any difference (unless You increase
the number of passengers from the Booking).
11. Route and Stops: Unless You specify a
particular route in the Booking, the route taken will be at the discretion of
the Operator and Direct Coach Hire. Vehicle stops may occur throughout a
Journey. The Operator may stop for breaks if included in the time of a Journey
or upon Your request at the Operator’s discretion. Direct Coach Hire may alter
the Vehicle, venues, meals, itineraries (including the number of locations to
be visited), and other options at any time, and You will be notified of such
changes. The Vehicle is not available for use other than throughout a Journey.
12. Luggage: You are responsible for all
luggage, carry-on luggage, and personal items and valuables. Do not leave any
luggage, carry-on luggage, and personal items without your supervision. Ensure
that you do not hold or possess any luggage that, in Direct Coach Hire’s
opinion, is unsafe, hazardous, likely to be damaged during a Journey, or likely
to cause harm to other property.
Non-Disparagement
13. You must not directly, indirectly, or expressly:
– Do anything that materially damages or is likely to
materially damage the reputation of Direct Coach Hire.
– Make or publish any negative, adverse, denigrating, or
otherwise disparaging representation, statement, remark, or comment about Direct
Coach Hire that may reasonably be expected to bring, or intended to have the
effect of bringing, Direct Coach Hire into disrepute.
– Cause, permit, induce, or encourage any other person to
disparage or otherwise make any statement or publication or remark or comment
about Direct Coach Hire that may or may be likely to injure the reputation of Direct
Coach Hire. (Clause 7 survives termination of these Terms and Conditions.)
Liability
14. You acknowledge and agree that:
– To the fullest extent permitted under law, Direct Coach
Hire’s total aggregate liability for all Claims and Loss incurred by You or any
other person arising pursuant to or in connection with these Terms and
Conditions is at all times limited to the Booking Fees payable under these
Terms and Conditions.
15. Pursuant to section 64A of the ACL: This
clause applies in respect of any services supplied under these Terms and
Conditions, which are not of a kind ordinarily acquired for personal, domestic,
or household use or consumption. This clause will not apply if You establish
that reliance on it would not be fair and reasonable. These Terms and
Conditions are to be read subject to any law that prohibits or restricts
the exclusion, restriction, or modification of any implied warranties,
guarantees, conditions, or obligations. If such law applies, to the fullest
extent permitted, Direct Coach Hire limits its liability in respect of any
Claim and Loss incurred in the case of services to either the supplying of the
services again or the payment of the cost of having the services supplied
again.
16. Risk and Indemnities
You acknowledge and agree that:
– To the fullest extent permitted by law, and
notwithstanding anything else in these Terms and Conditions, You must indemnify
and keep Direct Coach Hire indemnified against any Loss sustained or incurred
or any Claim brought by any person as a result, whether directly or indirectly,
of any breach, default, or non-performance of a term of these Terms and
Conditions by You or any act or omission (including negligent acts or
omissions) by You.
17. If any transaction or payment under these Terms and
Conditions is void, voidable, or otherwise unenforceable or refundable:
– Direct Coach Hire is entitled against You to all rights under these Terms and
Conditions and any collateral security that it would have had if the
transaction or payment had not occurred or been made,
as the case may be.
– You must do all things and sign such documents necessary
to restore to Direct Coach Hire its rights under these Terms and Conditions or
any collateral security immediately before that transaction or payment.
18. You must make payments to Direct Coach Hire under
this clause 9:
– On demand.
– In immediately available funds and without any Claim,
set-off, counterclaim, condition or, unless required by law, deduction or
withholding. (Clause 9 survives termination of these Terms and Conditions.)
Force Majeure Event
19. If the performance of these Terms and Conditions is
prevented or hindered by a Force Majeure Event: Only Direct Coach
Hire is excused from its duty to perform these Terms and Conditions, and no
other Party. Direct Coach Hire has no liability whatsoever in connection with
any breach of a term of these Terms and Conditions for any delays or failures
in performance of these Terms and Conditions which result from or in connection
with a Force Majeure Event.
Suspension
20. Direct Coach Hire may suspend the performance of all
of its obligations under these Terms and Conditions: Direct Coach
Hire may suspend the performance of all of its obligations under these Terms
and Conditions with immediate effect by giving notice to You if You breach any
term of these Terms and Conditions.
Termination
21. Termination by Direct Coach Hire: Direct
Coach Hire may terminate these Terms and Conditions at any time with immediate
effect by giving notice to You if:
– You breach any of clauses 2, 3, 4, 6, and 7 of these Terms
and Conditions;
– You breach any other term of these Terms and Conditions
and do not remedy it within 14 days of receiving notice from Direct Coach
Hire;
– You otherwise commit a material, serious, or fundamental
breach of a term of these Terms and Conditions;
– You repudiate these Terms and Conditions;
– You become unable to pay any debt or amount as they become
due and payable to any person.
22. Termination by You: You may terminate these
Terms and Conditions at any time, and for any reason whatsoever, with immediate
effect by giving notice to Direct Coach Hire. You may terminate these Terms and
Conditions at any time with immediate effect by giving notice to Direct Coach
Hire if Direct Coach Hire breaches any term of these Terms and Conditions and
does not remedy it within 14 days of receiving notice from You to remedy such
breach.
23. On the Termination Date:
– Direct Coach Hire may:
– Forfeit the Deposit paid by You; or
– If the Deposit has not been paid in whole or in part,
recover and forfeit the Deposit from You without prior demand.
– Direct Coach Hire will stop performing its obligations
under these Terms and Conditions.
– You must immediately pay all amounts due and payable to Direct
Coach Hire without prior demand, and not as a penalty.
– Direct Coach Hire may set off any amounts that You owe Direct
Coach Hire against any amounts payable by Direct Coach Hire calculated as of
the date of termination, except for amounts Direct Coach Hire is not entitled
by law to set off.
24. Accrued Rights and Remedies: Termination of these
Terms and Conditions for any reason does not affect the right of Direct Coach
Hire to enforce its accrued rights, any right to recover damages for any prior
breach, including the breach on which termination of these Terms and Conditions
was based, and all amounts due and payable to Direct Coach Hire due on and
after the Termination Date. (Clause 12(d) of these Terms and Conditions
survives termination of these Terms and Conditions.)
Compensation
25. Any compensation offered by Direct Coach Hire is:
– A gesture of goodwill;
– At Direct Coach Hire’s sole discretion;
– Not an admission of liability; and
– Not admissible in court.
26. Where additional fees and charges, or compensation,
is payable by You for delays, booking amendments, Loss, and travel on unsealed
roads: You must immediately pay them to Direct Coach Hire.
Refund Policy
Force Majeure Cancellation: In the event of a
force majeure cancellation, there will be no refund issued.
Cancellations by Direct Coach Hire: Direct Coach
Hire reserves the right to cancel any booking without any refund at its sole
discretion if it deems that the passengers pose a risk to safety. This
includes, but is not limited to, behavior that is disruptive, dangerous, or in
violation of safety regulations.
– Damages: Any damages to the vehicle during the booking will result in
additional charges.
Cancellations by You:
– 21+ Days Notice: If you, the customer, provide a
cancellation notice with 21 or more days in advance of the booking, you will be
eligible for a 75 percent refund of the booking fees.
– 14 Days+ Notice: If you provide a cancellation notice with
14 or more days in advance of the booking, you will be eligible for a 50
percent refund of the booking fees.
– 14-0 Days Notice: If you provide a cancellation notice
with less than 14 days (from 14 days down to the day of the booking), there
will be no refund issued.
– No-Show Policy: If you, the customer, do not show up for
the booking without prior notice, you will not be eligible for a refund.
Privacy and Data Protection
You acknowledge and agree that Direct Coach Hire will handle
(including collection, storage, use, and disclosure) Your Personal Information
and related data in accordance with the Privacy Policy.
Other Warranties
Each Party warrants to the other Parties in respect of their
own position that:
– They have full legal capacity to enter into these Terms
and Conditions and to perform all their terms.
– They have had adequate opportunity to obtain competent
legal and other professional advice concerning the terms and effect of these
Terms and Conditions.
– They have had the opportunity to negotiate the terms of
these Terms and Conditions.
– They consider the terms of these Terms and Conditions are
fair in all of the circumstances.
– They enter into these Terms and Conditions voluntarily
without duress.
– The terms of these Terms and Conditions are binding upon
them according to their terms.
Remedy
You acknowledge and agree that:
– Damages are not necessarily an adequate remedy if there is
a breach of any of clauses 4, 5, 6, 7, 9, and 10 of these Terms and Conditions.
– Direct Coach Hire may apply for injunctive relief if there
is a breach or threatened breach of any of clauses 4, 5, 6, 7, 9, and 10 of
these Terms and Conditions or Direct Coach Hire believes a breach is likely.
– Direct Coach Hire may also seek specific performance, an
account of profits, equitable compensation, equitable damages, or any other
relief available at law or in equity as a remedy for a breach or threatened
breach of any of clauses 4, 5, 6, 7, 9, and 10 of these Terms and Conditions.
General
You acknowledge and agree that:
Appointment and Relationship: Direct Coach
Hire’s obligations under these Terms and Conditions will be performed as an
independent contractor. Nothing in these Terms and Conditions constitutes any
relationship of employer and employee, partnership, fiduciary, trustee and
beneficiary, or joint venture between Direct Coach Hire and You, or any of
their Associates.
Entire Agreement: These Terms and Conditions
constitute the entire agreement between the Parties as to their subject matter
and supersedes all prior understandings or agreements between the Parties and
any prior condition, warranty, covenant, indemnity, or representation given,
made, or imposed by a Party in connection with the subject matter of these
Terms and Conditions.
Counterparts: These Terms and Conditions may be
executed in any number of counterparts, each of which will be an original, but
such counterparts together will constitute one (1) and the same instrument.
Variation: Subject to any other term of these
Terms and Conditions, these Terms and Conditions may only be altered in
writing, signed by each Party.
Severance: If it is held by a Court of competent
jurisdiction that any part of these Terms and Conditions is void, voidable,
illegal, or unenforceable or that these Terms and Conditions would be void,
voidable, illegal, or unenforceable unless any part of these Terms and
Conditions was severed, then that part will be severable from and will not
affect or derogate from the enforceability or validity of the Parties’ rights
or obligations or the continual operation of the rest of these Terms and
Conditions.
No Waiver: The failure of a Party to require
full or partial performance of a term of these Terms and Conditions does not
affect the right of that Party to require performance subsequently. A single or
partial exercise of or waiver of the exercise of any right, power, or remedy
does not preclude any other or further exercise of that or any other right,
power, or remedy. A right under these Terms and Conditions may only be waived
in writing, signed by the Party granting the waiver and is effective only to
the extent specifically set out in that waiver.
Jurisdiction: The proper law of these Terms and
Conditions is the law of the United Kingdom.
Costs: Each Party must bear and is responsible
for their own costs in connection with the preparation, negotiation, and
execution of these Terms and Conditions.
Notices: A notice or other communication to a
Party must be in writing and delivered to that Party (or legal representative)
in one (1) of the specified ways mentioned.
Legal Process and Documents: Any legal process,
legal document, and court document may be served or given by a Party on the
other Party in one (1) of the specified ways mentioned.
Definitions
In these Terms and Conditions, the following words have
their corresponding meanings unless the context indicates otherwise
(definitions previously provided are retained):
Privacy Policy: Direct Coach Hire’s privacy
policy published at www.directcoachhire.com.au/privacy-policy ,
or any other privacy policy published by Direct Coach Hire from time to time.
Interpretation:
In these Terms and Conditions unless stated otherwise or the
context indicates otherwise:
Numbers: Words importing the singular include
the plural and vice versa, words denoting individuals or persons include bodies
corporate and vice versa, words denoting one gender include all genders, and
references to documents or agreements or deeds also mean those documents or
agreements or deeds as changed, novated, or replaced.
Dates and Times: Parties must perform their
obligations on the dates and times fixed by reference to the State of
Queensland. If the day on or by which anything is to be done is a Saturday, a
Sunday, or a public holiday in the place in which it is to be done, then it
must be done on the next Business Day. References to the month mean a calendar
month.
Persons: References to persons include
corporations and bodies politic.
Representatives, Assigns, and Related Body Corporate: References
to a party include their legal personal representatives, successors, executors,
administrators, permitted assigns, and Related Body Corporate of that person.
Statutory Amendments: A reference to a statute,
ordinance, code, or other law includes regulations and other statutory
instruments under it and consolidations, amendments, re-enactments, or
replacements of any of them (whether of the same or any other legislative
authority having jurisdiction).
Variation: References to this or any other
document include the document as varied or replaced, and notwithstanding any
change in the identity of the parties.
Joint and Several Liability: An obligation of
two or more parties will bind them jointly and severally.
Defined Expressions: If a word or phrase is
defined, cognate words and phrases have corresponding definitions.
Reconstituted Bodies: References to a body which
has ceased to exist or has been reconstituted, amalgamated, reconstructed, or
merged, or the functions of which have become exercisable by any other person
or body in its place, will be taken to refer to the person or body established
or constituted in its place or the person or body by which its functions have
become exercisable.
Collective References: Reference to anything is
a reference to the whole or any part of it and a reference to a group of things
or persons is a reference to any one or more of them.
“Pounds” or “£”: A reference to the word
‘Pounds’ or the expression ‘£’ refers to the amount in the lawful currency of
the United Kingdom.”
Covenant: A covenant not to do anything includes
an obligation not to permit that thing to be done and to use best endeavors to
prevent that thing being done by a third party.
Direct Coach Hire, 167-169 Great Portland Street, 5th Floor, London, England, W1W 7LT