1 Application of Terms
Willunga Charter Pty Ltd (herein referred to as “the company”, “company” or “Willunga Charter”), provide bus transport services throughout South Australia via our fleet of modern coaches.
“You”, the “Hirer” our “Customer” is the person who initiated the booking.
Your booking is accepted subject to the following terms & conditions and by confirming your booking you accept that these terms & conditions will apply. These conditions apply whether a contract has been made verbally or in writing. The hirer acts on behalf of all the passengers travelling on the vehicles. If the hirer is a company, group, or school, 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 contract, 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 the company informed prior to the hire taking place. The company will only accept instructions from the hirer or their nominated representative.
2 Quotations
Quotations are given based on the direct route and on information provided by the hirer. The route used will be at the discretion of the company unless it has been particularly specified by the hirer in which case it will be clearly shown on the confirmation. All quotations are given subject to the company having available a suitable vehicle at the time the hirer accepts the quotation. Quotations are valid for 7 days unless otherwise notified. Quotations are given for coach and driver only. Any additional charges will be separately identified and will be the hirer’s responsibility unless otherwise specified. The Company reserves the right to change quotations at any time within the 7-day period provided that a booking has not been confirmed by both parties in writing and deposit has not been made to secure the booking (non-account customers).
3 Confirmation
Written confirmation by the company is the only basis for the acceptance of a hiring or for a subsequent alteration to a booking or its terms.
4 Changes to Confirmed Bookings
From time to time, it will be necessary for a customer to change the details of a confirmed booking with us. All requests for changes must be in writing to bookings@willungacharter.com.au. Once the changes have been processed by us, a new booking confirmation will be sent to you via email detailing the changes and any difference in price.
Our office is not able to take verbal changes for a booking once it has been confirmed. All changes to confirmed bookings must be in writing to bookings@willungacharter.com.au.
5 Use of the Vehicle
The hirer cannot assume the use of the vehicle between outward and return journeys, nor that it will remain at the destination for the hirer’s use unless this has been agreed with the company in advance or requested to stay for the whole trip.
6 Route and Time Variation
The company reserves the right to levy additional charges for additional mileage or time to that agreed. The charges will be pro rata and in accordance with the formula used for the original booking confirmation. The vehicle will depart at the times agreed by the hirer, and it is the responsibility of the hirer to account for all passengers at those times. The company will not accept liability for any losses incurred by passengers who fail to follow instructions given by the hirer.
6.1. Additional Charges for Route or Time Variation
When, at the request of the Hirer, any change in service resulting in additional kilometres or hours to that specified on the movement details produced, an additional charge shall be made for such additional service. Willunga Charter will notify the Hirer of any additional charges that may be expected to be incurred at the time of the original quotation. Any additional fees unforeseen prior to the departure of the charter are the responsibility of the Hirer.
6.2. Disclosure of Expected Destinations
It is important that all destinations are disclosed to us at the time of quoting and booking, as this will ensure the appropriate vehicle and driver are allocated to your job. In the instance where we have not been informed of a destination then we will endeavour to oblige your request, however there may be circumstances where this isn’t possible due to restrictions on the vehicle or access to the location requested.
6.3. Non-Bus Suitable Locations
Whilst every care is taken by our team during the booking process to ensure our buses can go where you need safely and reliably, there may be times where a stop, route or destination is not suitable / safe to take a bus (eg. no through road, flooding, low hanging trees, cars being parked in the way etc.). In this circumstance our driver will communicate this with you and find the most suitable alternative spot / route to get you where / as close to where you need to go.
6.4. Late Returns
All charters are undertaken on the understanding that the charter vehicle will return from its destination at the time as agreed in the booking confirmation. This is particularly important, as most of our charter vehicles are contracted to afternoon school bus services. In circumstances where the charter vehicle does not return from its destination at the agreed time, as a result of the actions of the hirer, or of his or her representative a late fee will apply. This fee will be charged at a rate of 150% of what the “pre booked” late return fee would have been, should we have been advised of the amended time at the point of booking.
In extreme circumstances where a group runs late, we may be forced to send the bus on to cover its school run contract commitment. In this circumstance we would dispatch the next available replacement vehicle to return your group. We assure you that this would only happen in extreme circumstances where all other options have been exhausted. We would remain in communication with you during this time.
7 Drivers’ Hours & Fatigue
The hours of operation for the driver are regulated by law, and the hirer accepts the responsibility of ensuring the hire keeps to the hours and times agreed by the Company. Neither the hirer nor any passengers shall delay or otherwise interrupt the journey in such a way that the driver is at risk of breaching regulations relating to driving hours and duty time. If any breach is likely to occur, the hirer will be responsible for any additional costs incurred unless it is outside the control of the hirer. The calculation of any additional costs will be as in condition 6.
8 Luggage
If you are intending to carry luggage on your journey, please ensure you have notified our office of this so we can ensure a suitable vehicle and driver is allocated to your booking.
Both weight and size limits do apply. Bags must be less than 10kg to enable our driver to safely handle them and load them into the storage area. Any bags which are excessively heavy may require the passenger to load and unload them or be refused due to Work Health & Safety concerns, along with restrictions to overall vehicle weight as per the National Heavy Vehicle Law.
Our luggage space is designed for one small/medium “soft” style bag or “carry on” style suitcase, along with a pillow and sleeping bag per passenger. Excess amounts or sized luggage may not be able to be accommodated on the day.
8.1. No dangerous flammable goods are to be carried onboard or in the luggage area of our coaches. Any items identified as dangerous or flammable will be refused.
9 Seating Capacity & Vehicle(s) to be Provided
The company will, at the time of booking, agree and specify the legal seating capacity of the vehicle to be supplied. The hirer must not load the vehicle beyond this capacity.
9.1. When the hirer books a known number of passengers on a charter, the company reserves the right to supply vehicles of a greater capacity and adjust the quantity of vehicles to carry the agreed number of passengers. This will depend on vehicle availability and operational requirements on the day.
9.2. The company reserves the right to substitute another vehicle (including those of other operators) or ancillary facilities for all or part of the hiring subject to such substitutes being of at least equivalent quality.
Where any of these above points occur, there will be no additional charge to the Customer.
10 Payment
10.1. Account customers will be invoiced at the end of the week of their charter. Payment is to be made via EFT within 7 days.
10.2. For non-account customers, a deposit must be paid to secure the booking, and the balance must be made 14 days before the start of the hire unless otherwise agreed by the company or have a credit account set up with the accounts department. The company reserves the right to cancel your booking without refund should payment not be made within the time scales above. The company reserves the right to amend the price of a booking should full payment have not been made by the customer prior to the 14-day limit.
Please note that all deposits are non-refundable.
11 Cancellation by Hirer
If a customer wishes to cancel a confirmed charter, we would appreciate receiving as much notice as possible in order that we may inform the allocated driver within a reasonable time frame and source alternative work for our vehicle and driver.
In an event that you cancel your booking. The Company reserves the right to charge a cancellation fee as follows:
11.1. Bookings cancelled greater than 14 days prior to travel: no charge
11.2. Bookings cancelled between 14 days prior to travel and 5 days prior to travel: up to 25% of the value of the booking
11.3. Bookings cancelled between 5 days prior to travel and the day of travel, but not on the day of travel: up to 50% of the value of the booking.
11.4. Bookings cancelled on the day of travel: up to 100% of the value of the booking.
12 Exceptional Circumstances Cancellations
Willunga Charter recognises that there may be circumstances beyond the reasonable control of anyone, which necessitates the cancellation of a charter at late notice. All such occasions will be assessed on their individual merits.
For cancellations due to extreme weather conditions & COVID related restrictions that are beyond the control of the hirer, the following cancellation conditions apply,
12.1. If coaches/buses have already been dispatched or have arrived at the pickup location/boarding point and are not required and have not been cancelled, we will charge a fee to cover the costs incurred by us for fuel and wages.
12.2. No charge applies when cancellations have been advised as soon as possible and before the vehicle is dispatched from base.
All cancellations must be confirmed in writing to bookings@willungacharter.com.au.
13 Refund Policy
Refunds, where applicable will be processed to the payment method used. Please note refunds can take up to 5 working days to appear in your account. Please refer to section 11. Cancellation by the hirer, for scales of charges that apply when cancelling your booking. Please note that deposits are non-refundable.
14 Cancellation by the Company
In the event of any emergency, riot, civil commotion, strike, lock out, stoppage or restraint of labour or on the happening of any event over which the company has no control (including availability, adverse weather and road conditions) or in the event of the hirer taking any action to vary agreed conditions unilaterally, the company may, by returning all money paid and without further or other liability, cancel the contract.
15 Credit Card Charges
In the event of payment via credit card, The Company will charge an additional fee of up to 1.90% of the value of the booking according to the type of credit card used.
16 Breakdown and Delays
The company gives its advice on journey times in good faith and does not guarantee the completion of any journey in any specific time and will not be liable for loss or inconvenience caused by the actual journey 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 Willunga Charter drivers are preselected and have instructions to always drive in compliance to all governing laws.
Unusual road, traffic and weather conditions are beyond the control of Willunga Charter and the driver, and delays occasioned by same will not be the responsibility of Willunga Charter 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.
The driver makes the final decision for the route taken based on time of day, day of the week, road works or knowledge of street delays due to accidents or other unforeseen occurrences.
Any late arrivals at your destination from taking of such routes are not cause for refunds, partial refunds or compensation in any way and the liability is limited to the value of the charter.
17 Liability
The Company has no liability for any act, omission or default, whether negligent or otherwise of any supplier. We have no liability for any loss or damage occasioned by the negligence, act or omission of any supplier or other third party. In circumstances where liability cannot be excluded, such liability is limited to the value of the purchased travel arrangements. In case of a charter hire the liability is limited to the price of the charter that any loss or damage relates to.
18 Food & Beverage Consumption
18.1. Food & Beverages are not to be consumed on any vehicle, water is permitted. Your responsibility for any damage caused by other food or drink is in accordance with these terms and conditions.
18.2. Alcohol may not be brought into the passenger area of any Willunga Charter vehicle at any time, whether sealed or otherwise. Alcohol in a sealed container may be transported in the designated luggage area at the discretion of the driver. Willunga Charter do not accept any responsibility for the loss or damage of any alcoholic beverages whilst stored within the luggage area.
19 Conduct of Passengers
The driver is responsible for the safety of the vehicle. Any passenger whose conduct is in breach of statutory regulations may be removed from the vehicle or prevented from boarding on the driver’s authority. The Hirer will be responsible for the conduct of passengers and for any damage caused to the vehicle by passengers during the hire.
Willunga Charter reserves the right to charge the hirer for any damage caused during the course of any hire.
No Smoking (including e-cigarettes) permitted in any of our vehicles. (It is against the law to smoke in a Public Transport Vehicle). Smokers outside the vehicle must be at least 4 metres away from the vehicle at all times.
The driver reserves the right to refuse to transport persons under the influence of intoxicating liquor or drugs, or who are, or are likely to become objectionable to other persons inside or outside the vehicle. If there is unsociable or unruly behaviour on or off the vehicle any time, the driver has the right to terminate the charter immediately and if necessary call the police.
Any unruly or overly intoxicated passenger may be refused entry to the bus should the driver feel that he or she may become unruly, sick or abusive.
Willunga Charter shall not be liable for any loss or inconvenience caused by the termination of its service due to unruly behaviour.
The Hirer is responsible for the cost of repairs resulting from any damage caused to the vehicle by any members of the hiring party, during the charter or hiring of the vehicle and is payable as soon as such cost is determined.
The company will not accept any liability for damage, injury or loss for any passenger out of their seat, standing up or walking around the vehicle whilst in motion.
20 Complaints
In the event of complaint about the company’s services, the hirer should endeavour to seek a solution at the time by seeking assistance from the driver or from the company. If this has not provided a remedy, complaints should be submitted in writing to the company as soon as practical via email feedback@willungacharter.com.au.
Booking Terms & Conditions v22.01 | Effective for all bookings made after the 1st of January 2022.