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Emu Coach Hire

Terms & Conditions

Emu Coach Hire
T&Cs

Terms & Conditions

Effective: 28th September 2023

Emu Coach Hire
Suite No. 1531
17 Gould Road
Herston
QLD
4006


Acceptance and Agreement

By accessing or using the services provided by Emu 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 Emu Coach Hire.


Booking

1. Confirmation: You acknowledge and agree that:

– These Terms and Conditions are accepted by you, and a contract between You and Emu Coach Hire is formed upon confirmation of the Booking.

2. Booking Fees Confirmation: Emu 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 Emu Coach Hire.

– You must ensure that the Booking is entirely accurate and complete.

– You must notify Emu 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 Emu 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:

– Emu 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 Emu Coach Hire cannot provide a new Booking, then you may rescind (cancel) these Terms and Conditions with immediate effect by giving notice to Emu Coach Hire within seven (7) days of being notified by Emu 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 Emu Coach Hire prior to the Booking Confirmation Date.

6. Bond: You must pay any Bond to Emu Coach Hire within two (2) days of any request made by Emu Coach Hire.

7. Booking Fees and Charges: You must pay the Booking Fees to Emu 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 Emu Coach Hire, You must pay the Booking Fees to Emu Coach Hire within seven (7) days of receipt of each related Invoice.

– Emu 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 Emu 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 Emu Coach Hire by the respective due date, Emu 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, Emu Coach Hire will arrange the occurrence and completion of a Journey in accordance with these Terms and Conditions.

10. Substitution of Vehicle: Emu Coach Hire is entitled to substitute any Vehicle for another vehicle or vehicles of similar capacity and safety at its absolute discretion. If Emu 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 Emu 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. Emu 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 Emu 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 Emu Coach Hire.

– Make or publish any negative, adverse, denigrating, or otherwise disparaging representation, statement, remark, or comment about Emu Coach Hire that may reasonably be expected to bring, or intended to have the effect of bringing, Emu 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 Emu Coach Hire that may or may be likely to injure the reputation of Emu 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, Emu 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, Emu 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 Emu 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:

– Emu 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 Emu 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 Emu 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 Emu Coach Hire is excused from its duty to perform these Terms and Conditions, and no other Party. Emu 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. Emu Coach Hire may suspend the performance of all of its obligations under these Terms and Conditions: Emu 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 Emu Coach Hire: Emu 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 Emu 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 Emu Coach Hire. You may terminate these Terms and Conditions at any time with immediate effect by giving notice to Emu Coach Hire if Emu 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:

– Emu 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.

– Emu Coach Hire will stop performing its obligations under these Terms and Conditions.

– You must immediately pay all amounts due and payable to Emu Coach Hire without prior demand, and not as a penalty.

– Emu Coach Hire may set off any amounts that You owe Emu Coach Hire against any amounts payable by Emu Coach Hire calculated as of the date of termination, except for amounts Emu 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 Emu 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 Emu 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 Emu Coach Hire is:

– A gesture of goodwill;

– At Emu 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 Emu Coach Hire.

Refund Policy

Force Majeure Cancellation: In the event of a force majeure cancellation, there will be no refund issued.

Cancellations by Emu Coach Hire: Emu 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 Emu 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.

– Emu 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 Emu Coach Hire believes a breach is likely.

– Emu 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: Emu 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 Emu 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 Commonwealth of Australia and, in particular, the State of Queensland, and the Parties submit to the non-exclusive jurisdiction of the State of Queensland.

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: Emu Coach Hire’s privacy policy published at www.emucoachhire.com.au/privacy-policy , or any other privacy policy published by Emu 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.

“Dollars” or “$”: A reference to the word “Dollars” or the expression “$” refers to the amount in the lawful currency of the Commonwealth of Australia.

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.