Terms and Conditions (Standard Hire Agreement)

TRANSPORT SERVICES
TERMS AND CONDITIONS

Thank you for choosing Allure Limousines & Belle Classic Limousines (ABN 87 713 197 887) (hereafter ‘our’, ‘we’, ‘us’) for your Booking Date (‘the Event’).

You agree to purchase for the price set out in the Invoice (‘the Price’) and use the Transport Services as described in the Schedule and supplied by us on the day of your Event (‘the Booking Date’) in accordance with the terms set out below (‘the Terms’). These Terms set out the rights and obligations of you as the Client, details of your Event, the Package, the payment terms and the use of our Transport Services (‘Your Booking’). 

Your Booking is confirmed once we have received a signed copy of these Terms, via our online booking platform. However, where you fail to provide an executed copy of the Terms but proceed to use our Transport Services (or pay a Booking Fee), you confirm your agreement to be bound by these Terms.

  1. Scope of Services

  • Transport Services include:

a.           The use of our limousines and/or vintage cars as transport (‘the Vehicle/s’); and

b.           The provision of a licensed driver to drive the Vehicles (hereafter, the ‘Transport Services’).

  • We will provide the Transport Services to you at your Event, as outlined in the Invoice.
  • You are required to confirm all aspects of the Transport Services provided by us in writing no later than two (2) weeks prior to your Booking Date.
  1. Quote and Tentative Bookings
  • If you do not;
    1. accept these Terms; and
    2. pay the Non-Refundable Booking Fee outlined in Clause 3;

then any tentative booking will automatically lapse and will be available for another interested party to book the Vehicle/s on your Booking Date.

  1. Booking Fee
  • You must pay a non-refundable booking fee of $200 (‘Booking Fee’) per Vehicle.

3.1.1. By paying the Booking Fee, you acknowledge and accept that the Booking Fee is not refundable. The purpose of the Booking Fee is for, but is not limited to, securing our Services for a specified date, related consultations, research, quoting, rent, licensing, insurances, administration and ongoing client management.

3.1.2. You understand that through booking the date, you accept that we will suffer loss by declining other work for that date, from the date that you agree to these Terms.

3.1.3 The Booking Fee is not transferable to another Booking Date or another type of goods or services (unless otherwise provided within the Terms).

  1. Payments
  • For payments other than the Booking Fee, you agree that they will be deducted from the credit/debit card provided to us when you paid your Booking Fee. All payments made to us are to be made by credit card. We do not accept cash payments.

The following credit card fees will be passed on with all transactions –

Visa / Mastercard – 1.9%

American Express – 3% 

All fees associated with payment processing are non-refundable.

  • You are required to pay the Price for the Package as follows:

  1. The Booking Fee outlined in clause 3;
  2. The final balance of the Price must be paid thirty (30) days prior to the Event;
  3. Any further invoice for additional services or scope of work after final balance is due, payable seven (7) days after the issuing of such invoice.

4.3.    Any payments made to us will be made via credit/debit card.

4.4.     In some instances you may pay the invoice through the assistance of a Third Party Payment Provider (‘TPPP’) such as Paypal. You acknowledge that you have read over those terms and conditions thoroughly, and have informed the TPPP that you agree to be bound by any terms and conditions in addition to these terms. The TPPP or their bank or other financial institution may require you to pay processing fees or other fees and charges. Any such fees and charges are your sole responsibility and are not included in the invoice, or other paid services unless otherwise specified. We accept no responsibility for your use of any TPPP. You agree to keep your information including your email address and payment details up to date so that the TPPP and we can process payment and contact you as needed in connection with the provision of the Services.

4.5.    If any payment is not made when due, you shall pay all costs that I incur to collect or attempt to collect the debt arising from a breach of these Terms. The term “all costs” includes but is not limited to all debt collector fees, legal fees, court filing changes and any other expenses of whatever nature incurred by me in collecting or attempting to recover all of part of the debt.

4.6.    If, and to the extent, any supply of the Goods under the Agreement is a taxable supply within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 (Cth), the price for the Goods will be increased to include GST payable by the Supplier in respect of the supply. All rebates, discounts or other reductions in price will be calculated on the GST-exclusive price.

  1. Cancellation or Postponement of Booking
  • You may cancel this agreement at any time, by notifying us in writing.
  • Where you wish to cancel, the following applies:

Notice Given

Cancellation

Schedule

Prior to twelve (12) weeks

Booking Fee forfeited

Less than twelve (12) weeks

100% of total Package Price is forfeited/due

  • We will use our best endeavours to meet your requests for a postponement of date however it must be a date that is mutually agreeable. In the event of a postponement, the following will apply:

Notice Given

Postponement

Schedule

Prior to four (4) weeks

Booking Fee will be forfeited

Less than four (4) weeks

No postponement allowed.

  • Notwithstanding the above, you are only able to postpone your Booking on one (1) occasion, and the new date must be within twelve (12) months of the original Booking Date.
  • In considering a postponement, you acknowledge that a particular Vehicle selected may not be available. As such, you must confirm the Vehicle’s availability with us prior to determining the mutually accepted new date. Should the Vehicle be unavailable, we will give you the option of our other Vehicles that are available. Should you choose not to pick another Vehicle, the booking will be treated as cancelled.
  • You must have an inclement weather plan. Refunds will not be given in the event that inclement weather impacts your event, unless such weather event falls within the definition given in Clause 11. In those instances, the remedy in Clause 11 will apply. Where you wish to cancel or postpone your Event Date due to weather, these will be treated in accordance with our cancellation and postponement policies above.
  1. Intellectual Property

6.1.    You hereby assign and grant us the irrevocable and unrestricted right to (i) use and publish photographs/footage of you or in which you may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; (ii) to alter the same without restriction; and (iii) to copyright the same.

6.2.    Any photographs, videos or sound recordings taken by you and any guests at the Event must be for personal use only and must be taken legally. Any use, reuse or production for commercial purposes must be approved by us in writing.

6.3.    Unless otherwise noted, all content included on our website, including (but not limited to) images, illustrations, designs, icons, photographs, video clips, written material and other materials, is the property of us or our suppliers, partners, or affiliates and is protected by Australian and international copyright laws. You also acknowledge that you have read and understood any terms and conditions that relate to the use of content and material on our Website.

6.4.    All creative work and Services provided by us must be credited accordingly. All publications (media, print, blog, social media) must credit us as the supplier for the Services within your Booking.

  1. Model Release

7.1.     You acknowledge that it is your responsibility to obtain the necessary assignment of rights to us from those who are to be featured in photography so as to ensure that we can use and publish the photographs of those persons. You hereby release us and assigns from all claims and liability relating to said footage. It is agreed that we may display and use the footage taken for advertising, display, website and internet promotion, videography or film contests, public display and any other purpose thought proper by us.

  1. Specific Terms of Hire

8.1.    The Vehicles are hired for a minimum of

  • Sunday – Thursday – One (1) hour.
  • Fridays – Two (2) hours.
  • Saturdays – Four (4) hours

Our rates apply from the time of pickup and the price is calculated from that pick up time up to the time of drop off at your final destination. Unless otherwise agreed up to one day prior to the Booking, journeys exceeding the booking time incur overtime charges, being $75 per fifteen (15) minutes of use or part thereof.

8.2.   It is your responsibility to ensure that there is adequate time to travel to and from destinations, and we will not be held liable for any delays or any loss suffered as a result of the inability to arrive at your destination as planned.

8.3.    We aim to arrive to your pick up location between ten (10) to fifteen (15) minutes prior to the allocated pick up time. Please be aware however that we may experience unexpected traffic delays.

8.4.    You acknowledge the following:

a.             We do not allow food to be consumed whilst travelling in the Vehicles.

b.             Seatbelts must be worn at all times, where available.

c.              No objects or parts of the body are to be placed outside of the Vehicle whilst the Vehicle is in motion.

d.             We may refuse to drive the Vehicles in hazardous conditions. This includes storms, excessive rain, hail, fire or floods. This is determined at our sole discretion.

e.             Due to the nature of the vehicle, the Vehicles cannot drive on unsealed roads. Further, the Vehicles are unable to navigate very narrow or steep driveways and roads.

f.               If you suspect that your pickup, drop off or photography locations may cause access issues, you are to consult with us before planning the use of those locations. We reserve the right to refuse to drive to locations where the Vehicles are at risk of damage.

8.5.    During the use of the Vehicle, you acknowledge and agree that you, your guests, or anyone you allow within the vicinity of the Vehicle must:

a.             at all times must exercise all reasonable care and diligence in the use of the Vehicle;

b.             keep the Vehicle in a clean state and in good order and working condition;

c.              leave the Vehicle in good order and working condition upon end of use;

d.             Not tamper or in any way interfere with the Vehicle;

e.             Be responsible for all accidental damage to the Vehicle, save and except where, in our reasonable opinion, such damage is caused by us.

8.6.  In the event that the Vehicle, or any part of it, is damaged during the period of hire in circumstances where you bear responsibility under these Terms, you will be liable to us and will indemnify us for the cost and expenses of the replacement or rectification of the Vehicle. 

8.7.   Where the Vehicle is not left in good working order and condition, we demand from you the full monetary compensation for the loss or damage to the Vehicle, including the cost of a substitute mode of Vehicle where we may sustain loss because of us being unable to meet any other contractual obligations to supply that Vehicle to other parties.

8.8.    All of our Vehicles have varying capacities. However, for more comfort, we recommend choosing a vehicle that is bigger than you require. This capacity is determined using the “average” size of an adult. Where you have adults who are tall, or larger in body size, we recommend that you speak to us to discuss the optimum capacity that suits.

8.9.    You acknowledge and agree that when we deliver the Transport Services at your Event, you and your guests are not to undertake any illegal or dangerous activities that threaten our safety and well-being. Passengers who are intoxicated, abusive, or exhibit unsafe or offensive behaviour will need to make their own transport arrangements. They will not be permitted inside the Vehicles. No refunds, correspondence or compensation will be offered.

8.10. If in our opinion, where the above is not adhered to, we reserve the right to cease the performance of our duties, exit the Event and you will forfeit all fees paid.

  1. Subcontracting of Services

In the unlikely event that severe medical, natural, or other emergencies, occur before the start of the Event, it may be necessary to retain alternative personnel or transport. We will make every effort to secure replacement or additional personnel able and/or willing to provide similar Transport Services.

  1. Warranty, Liability, and Indemnity

10.1.  To the extent that the Australian Consumer Law allows, we provide the Services on an “as is” and “as available” basis and disclaim all representations, warranties and conditions of any kind, whether express, implied, statutory or otherwise, with respect to the Services (including all information contained therein), and including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, title or ownership.

10.2.  Subject to clause 10.1 above, we accept no responsibility and are not liable for any direct or indirect, special loss or damage or injury to any person, corporation or other entity in connection with this Agreement or the Services, howsoever caused save for the event we have contributed to such loss or damage or injury.

10.3.  We will not be liable to you or any other person for any liability or claim of any kind whatsoever arising directly or indirectly (whether under statute, contract, tort, negligence or otherwise) in relation to any indirect or consequential loss (including but not limited to any loss of actual or anticipated profits, revenue, savings, production, business, opportunity, access to markets, goodwill, reputation, publicity, or use) or any other remote, abnormal or unforeseeable loss or any similar loss whether or not in the reasonable contemplation of the parties.

10.4.  To the maximum extent permitted by law, you will indemnify us against any liability arising from or in connection with:

10.4.1. Any act or omission by you;

10.4.2. Any breach of these terms; and

10.4.3. Any third party claim against us;

arising from or in conjunction with this Agreement, but this indemnity will be reduced proportionately to the extent the liability was caused by our negligence.

10.5.  Whilst we do our utmost to maintain our Vehicles including keeping them regularly serviced, we cannot foresee mechanical failure, prior client damage, or an accident occurring on or before your Booking. In the unfortunate event of this occurring:

a.             We will do our utmost to organise the first available transport option. This may not be a Vehicle as the availability of Vehicles is limited;

b.             We will discuss with you the options available and it will be your decision to choose from the alternatives offered; and

c.              If you choose to organise your own alternate transport, we will offer you a full refund. No further liability or compensation will be considered.

10.6. While all care is taken, no responsibility is taken for items left in the Vehicles.

  1. Force Majeure

11.1.  We will not be liable or responsible for any failure to perform, or the delay in performance of, any of its obligations under the Agreement that is caused by any act or event beyond our control. Examples include, but are not limited to, acts of God, flood, fire, warfare, government laws or regulations, electrical fire, strikes by suppliers (known as ‘force majeure circumstances’).

11.2. If a genuine force majeure circumstance occurs and means that the performance of our obligations under the Agreement becomes impossible, we will contact you as soon as reasonably possible to notify you. Our obligations under the Agreement will be suspended and the time for performance of our obligations will be extended for the duration of that force majeure circumstance.

11.3. In genuine force majeure circumstances, we will endeavour to arrange a new date for the Booking with you after the event outside of its control is over. We must use all reasonable endeavours to mutually agree on a new date, but if we are unable to agree on an alternative date, the Booking will be considered cancelled under the terms outlined in Clause 5.

11.4. This clause does not apply in circumstances where an event outside of our control occurs but the circumstances still make the Booking possible (notwithstanding inconvenience or financial hardship). If events beyond our control occur (such as restrictions to numbers of guests, or density requirements) but it is entirely possible for us to provide a substantial part the Services, any choice to cancel your event is done so at your own initiative and the usual cancellation clauses in these Terms apply.

11.5. If you cancel the booking or vary the booking because the alleged event outside of our control causes mere inconvenience or changes the booking in a manner that does not suit you, our postponement and cancellation policies apply.

  1. Entire Agreement

12.1. The terms and conditions contained in this Agreement constitute the entire agreement between us with respect to the Services and shall not be amended, except where mutually agreed in writing.

  1. Disputes

13.1.  Both parties agree that any disputes arising from provision of the Services shall be negotiated with a view to settlement prior to either party issuing legal proceedings.

  1. Termination

14.1.  We may immediately terminate, or suspend the performance of this Agreement and you must immediately pay any money owed to us if:

  • we experience harmful or threatening behaviour;
  • you fail to provide instructions or cooperate with requests for information;
  • you breach a term of this Agreement and you do not remedy the breach within fourteen (14) days;
  • any invoice rendered by us remains outstanding;
  • you breach a term of this agreement which is not capable of remedy;

14.2. You may immediately terminate, or suspend the performance of, any agreement in the event of substantial breach by us of my obligations hereunder, where any such breach has not been remedied within 30 days of written notice from you requiring the breach to be remedied.

  1. Governing Law and Jurisdiction

15.1.  Any Agreement between us is governed by the laws of the state of Western Australia. The parties submit to the non-exclusive jurisdiction of the courts of the State of Western Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with any Agreement.

  1. Severability

16.1.   If any of these terms are invalid or unenforceable in any jurisdiction, that term must be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable, and is otherwise capable of being severed to the extent of the invalidity or unenforceability, without affecting the remaining terms or affecting the validity or enforceability of that term in any other jurisdiction.

  1. Miscellaneous

17.1.  If any provision of this Agreement is unenforceable, the provision will be severed, and the remaining provisions will continue to apply.

17.2. We may assign any rights or benefits under this Agreement to any third party.

17.3. You may only assign any rights or benefits under this Agreement with our prior written consent.

17.4.  This Agreement incorporates the entire understanding of the parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement.

  1. Execution by Parties

This agreement must be executed by each party named. In instances where it is signed by one party, the signing party acknowledges and warrants that they have the authorisation to execute the agreement on behalf of the other party. In doing so, they also warrant that the other party has read and understood the Terms prior to providing permission to execute.

  1. Execution by Corporate Body or Business

Where our Services are booked by a corporate body or business, you warrant that the authorised officer of the entity has the authority to make binding decisions on behalf of the entity.