Busify NZ owns and operates the website located at https://busify.com.au and the mobile application and services as defined below. These terms apply to all users of the website and the application, including those who request quotes, book and use the website.
By placing a booking with Busify, the Customer acknowledges that they have read, understood and agree to accept the Terms and Conditions as detailed below.
In the following terms and conditions, ‘the Company’ refers to Busify, ‘the Customer’ refers to the person and/or organisation making the booking and ‘the Driver’ refers to the driver or drivers of the coach, the supplier of the vehicle or the coach operator.
The Company provides a booking transportation service, working closely with coach operators. The Company manages the booking process and allocation of bookings to service operators. Service operators are responsible for providing vehicles and drivers fully compliant with the terms of their operating license and with the Company’s service quality standards.
The Customer shall at all times remain solely responsible for the acts and/or omissions of the passengers permitted to travel by Customer (whether directly or indirectly) and therefore any additional costs incurred by the Company during the performance of the contract shall be borne by the Customer irrespective of whether the Customer travels.
1.1. All quotations are valid for 7 days (providing the date of travel is more than 21 days ahead) unless agreed in writing at the time of booking and are given subject to the Company having an appropriate vehicle available at the time the Customer accepts the quotation in writing. The given quotation, unless otherwise stated, is for Driver and vehicle only.
1.2. After such period the Company may at its absolute discretion vary the price, in which event a new quotation will be provided to the Customer, and previous quotations will be deemed null and void.
2.1. All monies must be paid in full before the performance of the booking unless expressly agreed by the Company in writing. If any outstanding monies are due, the Company reserves the right to collect the monies due from the Customer at any time.
2.2. If payment has not been received within the agreed timescales then the Company can no longer guarantee the quoted price and may be required to revise its quotation. The Company also reserves the right to cancel the booking and any monies paid will be forfeited.
2.3. All bookings made using credit, debit cards and Stripe will incur a processing fee unless otherwise agreed by the Company in writing.
3.1. Where the Company has agreed on a credit arrangement or account facility with the Customer, invoices will be issued in accordance with the agreed arrangements and may include additional charges for credit and payment charges. All invoices are to be paid within seven days from the date of the invoice unless otherwise agreed in writing.
3.2. Any queries relating to Company invoices must be raised in writing by the Customer within 7 days from the date of the invoice. If no query is raised by the Customer within this period it will be deemed as having been accepted in full. All overdue accounts will be subject to interest at 3% above the prevailing Australian base rate and accrued monthly, and in addition, the company may apply a 10% late payment fee.
4. Booking Confirmations and Amendments
4.1. It is the responsibility of the Customer to check the Booking Confirmation, once received, for its accuracy and completeness, any discrepancies found in the Booking Confirmation should be communicated to the Company as a matter of urgency.
4.2. If the Customer requires to amend a Booking, the amendment will only be considered as implemented when the Customer has it confirmed in writing and the Company has acknowledged said amendment with a new Booking Confirmation. If an updated Booking Confirmation has not been received by the Customer with the updated details the Customer will be subject to the terms of the original Booking Confirmation. No amendment can be agreed with the Driver and the Driver does not have the authority to bind the Company in any manner whatsoever.
4.3. It is the Customer’s responsibility to ensure that all trip details are complete and correct and at no time should verbal amendments be considered as confirmation of a change to an existing booking. The Company cannot be held responsible for any delays in arrival at a destination caused by traffic problems and/or adverse weather conditions and these factors should be taken into account by the Customer when requesting a collection time when making a booking. The Company shall have no liability to the Customer for failing to arrive at a destination on time and shall bear no liability for late arrival at performances or events and the Customer shall have no claim against the Company for any reimbursement to the cost of any tickets for any such performance or event.
4.4. Any amendments following the initial booking will be subject to a minimum administration fee of $45 in addition to any other cost implications or charges.
5.1. Any complaints must be made in writing in a speedy and timely manner, the Company will be unable to accept any complaints or apply compensation for complaints received more than 30 days after the date of travel. Any remedies or compensatory measures offered (if any) by the Company are at the strict discretion of the management of the Company. The Customer also agrees that in the event of a dispute arising from a booking, a charge back request will not be raised through the card issuer or bank.
5.2. Any complaints regarding the condition of the vehicle supplied or its facilities should be supported by photographic evidence.
6. Additional Charges and Surcharges
6.1. Unless it has been agreed otherwise, the hire price will not include tickets, admission charges, ferries, road tolls or parking. However, the Company may make these arrangements, on request, on the Customer’s behalf and would do so acting as an agent for the Customer. This means that any terms and conditions applicable to that transaction by that supplier (i.e. those relating to payment, cancellation, refunds etc.) would be as binding on the Customer as if they had made these arrangements directly. Details of such are available upon request, the Company will not enter into any arrangement on the Customer’s behalf until payment from the Customer to the Company has been made.
6.2. All bookings at the point of the quotation will be based on the use of a single Driver however, for longer journeys in terms of hours it may be necessary to employ the services of a second Driver in order to comply with the regulations regarding “Driver’s hours” and therefore the Company reserves the right to review the quotation should this be the case and should there be a need for additional charges the Customer will be advised at least (where possible) 7 days prior to the journey date.
6.3. Irrespective of the clauses above, should the Customer instruct the Driver to, or otherwise make changes to the booking and these changes incur additional costs and charges, either before or during the booking, the Customer accepts full liability for said charges.
6.4. For some journeys, it may be necessary to accommodate the Driver, these costs will be borne by the Customer and will be paid in advance of the journey’s commencement. Where Driver’s accommodation is arranged by the client, it must be a single occupancy room of a reasonable basic standard and should include evening meal and breakfast as appropriate.
6.5. The quotation is given with regard to the operating costs at the time of the quotation. If more than 14 days elapse between the date of the quotation and its performance, the Company reserve the right to pass on any increase in the cost of fuel or any other increased costs to the Customer. The Company reserves the right to charge for damage to vehicles made by the Customer and/or the passengers. Monies will be collected from the Customer. The Company may charge a $500 refundable sickness and damage deposit for night time hire.
6.6. Any taxes or charges imposed by any Government or other authority which the Company is obliged to pay in order to fulfil the booking will normally be included in the quotation or confirmed booking price. However, if any such tax or charge is introduced or increased after the booking has been made and before travel, the Company will pass that cost onto the Customer and the Customer will be obliged to pay it prior to departure. Failure to make such requested payment will be regarded as cancellation by Customer and subject to the provision of clause 10 below.
7. Vehicle Photographs
7.1. On request the Company can provide a photograph of the type of vehicle being supplied. In this case the photograph supplied is illustrative only and maybe a different make/model with different livery and appearance to that actually supplied to the booking.
8. Luggage and Passenger Numbers
8.1. The vehicle supplied by the Company will take account of the amount of luggage as well as the number of passengers specified at the booking time. The Customer must ensure they specify the correct information at the time of the booking and inform the Company as soon as possible if there are any changes.
9. Cancellation by the Company
9.1. In the event that the Company is unable to provide a vehicle or vehicles to meet all or part of the Customer’s booked requirements due to reasons of emergency, vehicle unavailability, or other reason, the Company will take all reasonable measures to provide a replacement or alternative solution. If this is not possible, the Company retains the right to return all monies paid and, without liability, cancel the booking providing the Customer with as much notice as possible.
9.2. In such circumstances the Company shall have no liability for any inconvenience or loss incurred and will not be liable for any direct or consequential loss howsoever arising. It is strongly recommended that the Customer should consider insuring against this risk.
10. Cancellation by Customer
Should the Customer wish to cancel a booking where the Customer has paid in either full or part for the booking the following refund terms shall apply:
10.1 Any cancellation must be made in writing and the cancellation request must be acknowledged by us via reply email from one of our representatives. The Company will accept no responsibility for cancellation requests that have not been acknowledged by Busify
Busify reserves the right to charge the Customer a cancellation fee of:
- 20% of the total booking amount if you cancel for any reason (this is the non-refundable deposit).
- 30% of the total booking amount if cancelled with less than 7 days notice of your first journey but not less than 96 business hours.
- 50% of the total booking amount if cancelled with less than 96 hours notice of your first journey but not less than 48 hours
- 100% of the total booking amount if cancelled with less than 48 hours notice of your first journey.
10.2 Cancellation of an event or holiday or “reason for travel” does not affect the Customers liability for the above cancellation fees and the monies will be due as if the vehicle was travelling.
10.3 Should the Customer not have paid the amount set out above at the time of cancellation the balance shall become due immediately and shall be a debt owed to the company. The Company may, at its sole discretion, engage the services of a debt collection agency to recover any unpaid amount together with interest and any debt collection charges.
11. Purpose of Journey
11.1. The Company must be notified of any bookings for football matches, music festivals or political demonstrations and rallies at the time of booking, as there may be specific legal or other requirements that could affect the booking. Failure to do so may result in termination of booking.
12. Force Majeure
12.1. Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its reasonable control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections, strikes, including, without limitation, failure of suppliers, subcontractors, and carriers, bad weather, and/or any other cause beyond the reasonable control of the party whose performance is affected to substantially meet its performance obligations under this Agreement.
13. Use of the Vehicle
13.1. The Customer cannot assume the use of the vehicle between outward and return journeys nor will the vehicle remain at the destination for the Customer’s sole use unless this has been expressly agreed in writing by the Company. The Company reserves the right to levy additional charges for timings or mileage over and above the original agreement on a pro rata basis as confirmed to the Customer at the time of booking.
13.2. The Customer hereby acknowledges that no luggage may be left on the vehicle unless specifically agreed with the Company.
13.3. Should the Customer be late for any pickup as set out in the Booking Confirmation the Customer will be liable for any additional costs incurred by the Company in providing the Service including, without limitation, the costs of obtaining a replacement vehicle if the original becomes unavailable, and obtaining additional Drivers
13.4 If the departure time is made within 10 minutes of the scheduled/confirmed pickup time no overtime charges will be levied. Any departures that take place 10 minutes or later than the scheduled/confirmed pickup time overtime charges may be levied at the rate of $45 inc GST per 15-minute interval.
14.1. Unless the Customer has advised of a particular route and specified it at the time of booking, the route taken will be entirely at the discretion of the Company or Driver according to road, traffic and weather conditions at the time of travel. The vehicle will depart at the times agreed by the Customer at the time of the Booking Confirmation; no price discount shall be given if the route chosen is not actually the shortest.
14.2. Stops will be made at suitable points to satisfy legal requirements regarding breaks and rest for Drivers. It is the Customers’ responsibility to account for all passengers at those times. The Company cannot accept liability for any losses incurred by passengers who fail to adhere to the Customers’ instructions.
14.3. Any changes requested to the route by the Customer shall be at the Driver’s sole discretion and the Driver may charge an additional fee if additional drop-off points are requested and agreed by the Driver.
15. Breakdown or Delay
15.1. The Company may give advice on journey times in good faith, but cannot guarantee that the journey is completed by a specific time and cannot accept any responsibility or liability whatsoever for traffic congestion, road accidents, adverse weather conditions, compliance with requests of the police, customs or other government officials and security services or other matters outside its reasonable control and will not be liable for any inconvenience or loss incurred caused by a breakdown or unforeseen delay be that en-route to pick up the Customer or en-route to the booking destination as a result.
15.2. It is strongly recommended that the Customer should consider insuring against this risk if journey times are particularly crucial, for example for the commencement of an event.
16. Driver’s Hours
16.1. Driver’s Hours and rest periods are strictly regulated by law and the Customer accepts responsibility for timings agreed at confirmation of booking. The Customer accepts that neither they nor their passengers shall delay or interrupt the journey in such a way as to cause the Driver to breach Drivers Hours regulations and must adhere strictly to all collection times contained in the Booking Confirmation. If any breach is likely to occur the Customer agrees to pay any additional costs incurred.
16.2. If delays occur for whatever reason, the Company may take whatever action is deemed necessary for the Vehicle in order to comply with the law. Where delays do occur the Company cannot be held responsible for any losses arising as a result of those delays or non-performance of the services.
17.1. The vehicles are subject to statutory safety restrictions on the carriage of luggage and the Driver has sole authority to decide whether the property is suitable to be carried on that vehicle.
17.2. Whilst The Company will take all reasonable care with passenger’s property it cannot accept liability for any damage to, or loss of that property being carried on the vehicle and the Company strongly recommends that no valuables should be left on the vehicle at any time, even if that vehicle is locked.
17.3. Nor can the Company accept responsibility for any loss of or damage to property left on the vehicle after hire. Property found on the vehicle after hire will be held at the vehicle operating base for a maximum period of 30 days. It is the Customers’ or the passenger’s responsibility to collect the property and any costs incurred to collect the property are to be borne by the Customer or passenger. Property is to be collected at a time agreed by the Company and the Customer or passenger.
18. Passenger Conduct
18.1. It is incumbent upon the Customer and the Customers’ party to behave in a proper manner for the duration of their journey. The Driver is responsible for the safety of the vehicle and as such may refuse to allow a passenger or passengers to board the vehicle or eject them from the vehicle if, in his sole discretion, he considers them unfit to travel for whatever reason (for example, being intoxicated, aggressive or abusive). The Driver may refuse to continue a journey if, in his sole discretion, he considers any passenger to be behaving in such a way as may compromise the safety of other persons, the contents of the vehicle or the vehicle itself.
18.2. In such event, at the Driver’s sole discretion, the journey may continue once the passenger or passengers have been removed from the vehicle, but should passenger conduct result in summary termination of the journey, the Company reserves the right to cancel any other parts of a booking, and in such circumstances the forfeiture of any monies paid, and no claims for compensation or refund in either whole or part shall be entertained.
18.3. Any damage caused to the vehicle by the Customer or any of the passengers shall be the responsibility of the Customer and the Customer shall be liable for all costs related thereto.
19. Alcohol, Tobacco or Drug Consumption
19.1. Drinking of Alcohol, smoking and drug consumption is strictly prohibited on all vehicles.
19.2. Non-compliance may result in summary termination of the journey, cancellation of any other parts of a booking, and in such circumstances the Customer shall remain liable for any sums due under this Agreement and the Company shall have no liability to the Customer and no refunds shall be provided.
20. Limitation of liability
20.1. Subject to the remaining provisions of this clause, the Company’s liability to the Customer under or in connection with this Agreement for all and any direct loss or damage arising from any one incident or series of connected incidents is limited to the booking value.
20.2. Neither the Company nor the Customer excludes or restricts in any way its liability under or in connection with this Agreement for death or personal injury caused by its negligence or to any extent not permitted by law.
20.3. The Company shall not be liable to the Customer(whether in contract, tort, under statute, for misrepresentation or otherwise (including in each case negligence) and whether or not the Customer was advised in advance of the possibility of such loss or damage, for:
20.3.1. any of the following types of loss or damage whether direct, indirect or consequential howsoever arising under or in connection with this Agreement or any part of it: loss of profit, loss of revenue, loss of anticipated savings, loss of opportunity, loss of business, wasted expenditure, loss from business interruption, loss or destruction of data, loss of contracts, loss from an expenditure of time by managers and employees, liability to third parties, pecuniary losses arising from goodwill, or loss of or damage to goodwill; or
20.3.2. any indirect or consequential losses whatsoever.
20.4. Nothing in this clause or in this Agreement excludes or limits the Customer’s liability to pay (without set off) the charges or any Additional Charges
21.1. With the specific exception of recognised assistance dogs, (which includes guide dogs), no animals are permitted to be carried on any vehicle booked under the terms of this agreement, unless specific permission has been obtained in writing from the Company a minimum of three working days prior to the commencement of any journey.
21.2. The inclusion of this clause should not be taken to imply that permission will be given for the carriage of animals other than recognised assistance dogs, and specific requirements may be given with regards to the restraint of aforesaid animals to ensure safe transit of any animals for which permission is given. Failure to comply with any reasonable requirements may result in summary termination of the journey and removal of the animal from the vehicle.
If any provision or term of these Terms and Conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be deleted but all other terms will remain valid.
23. Governing Law
These terms and Conditions together with any Booking Confirmation shall be subject to and construed in accordance with the laws of Australia.