Terms and Conditions
These terms and conditions outline the agreement between You and Us in relation to Us providing you with goods and services.
We pride ourselves on being professional and delivering a high standard of service that is reflected by Our company motto – “Your Ride, Your Experience”.
Terms and Conditions
- Booking means a reservation for chauffer driven limousine service, for the Hire fee, on the Hire date and time and for the Hire Period agreed between You and Us.
- Force Majeure Event means an event that is beyond Our reasonable control and materially affects the performance of any of Our obligations to You and could not reasonably have been foreseen or provided against.
- Hire Date means the date on which We agree to provide You with a chauffeur driven limousine service.
- Hire Fee means the amount you agree to pay Us for providing You with a chauffeur driven limousine service. The Hire Fee may be a fixed sum, hourly rate or combination of a fixed sum and hourly rate.
- Hire Period means the period during which We provide You with a chauffeur driven limousine service but, in any case, not less than 1 hour.
- Passengers means You and Your guests or any other persons attending Your booking and travelling in the Vehicle.
- Total Booking Cost means the total fee applicable to the Booking, including GST.
- Vehicle means the vehicle nominated by Us for the purpose of providing the chauffer driven limousine service.
- We, Us, Your Hummer means RJBR Industries Pty Ltd trading as Your Hummer.
- You means the person or entity requesting the booking and, where the context requires, each of the Passengers.
- CUSTOMER CODE OF CONDUCT
- You must, at all times during the Hire Period, be available to be contacted by Our driver by mobile telephone.
- All Passengers in the Vehicle must wear seat belts at all times. You agree to indemnify Us for any fines, costs or damages incurred should a Passenger fail to wear a properly fastened seat belt when travelling in the Vehicle.
- All Passengers are required to comply with any and all reasonable directions of the driver at all times.
- All Passengers are required to comply with the laws of Victoria and the Commonwealth of Australia at all times.
- Should any Passenger engage in any illegal activity, anti-social behaviour, abuse of other road users, or other objectionable behaviour towards the driver or members of the general public, the driver may immediately terminate the Hire Period. We reserve the right to immediately terminate the Hire Period in the event of breach of this Clause and under such circumstances, the Total Booking Cost shall be forfeited.
- You agree that You will indemnify Us in relation to any act, loss, damage, suits or actions resulting from any Passenger conduct, during the Hire Period.
- HEALTH AND SAFETY
- The health and safety of You, each Passenger and Our staff is of utmost importance to Us. Ensure that you read and familiarise yourself with Our COVID SAFE GUIDELINES & COVID-19 RESPONSE PLAN 48 hours prior to the Hire Period commencing.
- No Passenger may attend a Booking if they are unwell in any way.
- In taking your Booking, we have considered and planned for the health and safety of all persons involved in the Booking, taking into account any government regulations or restrictions, particularly around COVID-19.
- Every Passenger is required to attend the Hire Period with their own face mask. If the Driver is not satisfied with the efficacy of a Passenger’s face mask, they will be required to wear a disposable face mask provided by Us.
- The numbers of Passengers are strictly based on government restrictions, and health and safety concerns. For these reasons, the following conditions apply:
- The number of Passengers for the Booking must be accurately disclosed at the time of making Your Booking. It is in Our ultimate discretion as to the number of Passengers and identity of Passengers who can take part in any Booking. Should You seek to add additional Passengers or substitute Passengers on the Hire Date, the Booking may be cancelled at Our discretion;
- Our drivers will give specific instructions in relation to the seating of Passengers and other health and safety matters. All Passengers must strictly adhere to these directions at all times;
- Our driver will issue directions regarding physical health and safety measures. This will include the wearing of masks at all times, the use of hand sanitiser, PPE and other hygiene measures. All Passengers must comply with such directions;
- If a Passenger appears to be unwell in any respect, particularly, the exhibiting of COVID-19 symptoms, at any point in the Hire Period, the Booking will be immediately cancelled;
- All Passengers must comply with any directions given by Our driver before, during and after the Hire Period, including social distancing requirements or other COVID-19 precautions;
- All Passengers must comply with any restrictions/directions/law/health orders or other mandatory measures applicable to venues which are visited during the Hire Period and all Passengers must comply with any directions given by said venues during the course of the Hire Period;
6. Should any Passenger fail to observe and comply with the obligations set out in this Clause 3, Our driver shall end the Booking immediately and all monies paid by You for said Booking shall be retained by Us. You will not be entitled to the refund of any amounts paid to Us, in these circumstances. You agree to these terms and waive any rights You may have in respect of such matters.
7. In the event that a Booking is cancelled in accordance with this Clause 3, You will be responsible for the transport of You and Passengers from the point of termination of the Booking. We are not obliged to transport you to the start or end point of the Booking, or to any other locations in these circumstances.
8. In the event that You or a Passenger acts (or omits to act) in a manner which puts the health and safety of Our driver, or other participants in the Booking or at venues who are not related to You and Your party (“Other Parties”) at risk, You shall be liable to Us and the Other Parties for any loss, damage, or other adverse consequences of such acts or omissions, including the refund of any amounts made at our discretion to Other Parties or to persons/business who would have benefited financially or otherwise from the Booking proceeding as scheduled. Such amounts shall be calculated in Our discretion and charged to your credit card previously provided to Us. You irrevocably agree to the charging of such amounts to your credit card and undertake to Us that You shall not dispute such charges with Us or your credit card provider.
9. In the event that as a result of You, or a Passenger, failing to comply with these Terms and Conditions, a person becomes unwell or contracts any type of sickness, particularly COVID-19, You shall compensate that person for any financial or medical loss. You irrevocably agree to the charging of such amounts to your credit card and undertake to Us that You shall not dispute such charges with Us or your credit card provider.
10. You and all Passengers irrevocably waive and discharge Us from any liability associated with You or a Passenger suffering financially, medically or otherwise detrimentally due to a health and safety matter.
- COVID PARTICIPANT OBLIGATIONS
- You are obliged to provide each Passenger a copy of these Terms and Conditions and Our COVID SAFE PLAN and ensure that each person has read, understood and accepted these Terms and Conditions and Our COVID SAFE PLAN.
- Each Passenger attending the Booking must check in to Your Hummer using our mandatory government QR Code. If a Passenger is unable to check in using our QR Code, that Passenger must complete a paper registration, which will be provided and retained by Us.
- Each Passenger must comply with any restrictions/directions/law/health orders or other mandatory measures applicable to Us or a Passenger, from time to time.
- In the event that We are legally obligated to ascertain that each Passenger is vaccinated, you must provide us with a valid official Australian Government COVID-19 Digital Certificate (or overseas equivalent) for each person attending the Booking not less than 48 hours in advance of the Booking. Where a valid official Australian Government COVID-19 Digital Certificate (or overseas equivalent) is required and has not been provided as above, this shall constitute a cancellation of the Booking and our standard Terms and Conditions regarding cancellation shall apply.
- Failure of You, or any Passenger, to comply with this Clause 4 in any respect shall result in the Booking being immediately cancelled.
- BOOKING REQUESTS AND CONFIRMATIONS
- You may request a Booking from Us by email, by completing a form on our website or by telephone.
- We will confirm Your Booking in writing by email within 24 hours of Your Booking being made.
- You must at the time of requesting a Booking, advise Us whether You or any Passengers suffer any allergies, intolerances, medical issues, carry any emergency medicine (E.g. EPI Pen), or suffer from any condition that may require medical intervention during the Booking. We reserve the right to refuse any Booking or any specific Passenger on such basis, without penalty to us.
- We do not warrant that we can cater for any Passenger who may suffer any specific physical condition and we shall not be held liable for any loss, damage, cost or other harm to such a person causing during, or as a result of the Booking or the events occurring therein. Each Passenger shall be personally liable and responsible for ensuring their own safety during the Hire Period.
- Upon You making a Booking, You must provide Us with your credit card details.
- You hereby authorise Us to deduct any charges payable under these Terms and Conditions from your nominated credit card, without deduction or further authorisation from You.
- We will add a surcharge of 2% of the Total Booking Cost for credit card payments.
- A Booking deposit of 30% of the Total Booking Cost is payable by You by credit card at the time of making the Booking.
- We will collect balance of the Total Booking Cost 7 days prior to the Hire Date.
- Should You make a Booking within inside of 14 days of the Hire Date, then full payment of the Total Booking Cost is required by You to Your Hummer to secure the Booking.
- When We receive payment of the Booking Deposit or Total Booking Cost, such payment constitutes acknowledgement and acceptance of these Terms and Conditions by You.
- CANCELLATIONS AND REFUNDS
1. The following costs are payable in respect of any cancellation of a Booking:
|Within 14 days of the Booking being confirmed:||Cancellation fee of $150.00, to be deducted from the Booking deposit|
|After 14 days of the Booking being confirmed, but before 14 days prior to the Hire Date||Forfeiture in full of the Booking deposit|
|Within 14 days of the Hire Date||Forfeiture of the Total Booking Cost|
|On the Hire Date, including cancellation by Us for Your breach of these Terms and Conditions||Forfeiture of the Total Booking Cost, plus any fees/costs/charges payable under these Terms and Conditions|
2. If You fail to be present at the agreed collection point for the commencement of the Hire Period, You will be deemed to have cancelled Your Booking.
3. You authorise Us to deduct any amounts due under these Terms and Conditions from your nominated credit card as necessary pursuant to these Terms and Conditions.
4. We reserve the right to cancel Bookings within 48 hours of the Hire Period for any reason, including, but not limited to, Force Majeure Events, inclement weather, Our inability to provide a driver, and where an appropriate Vehicle for the Booking cannot be obtained by Us. In such circumstances, We will provide you with a credit for a future Booking.
8. AMENDMENTS OR CHANGES TO HIRE PERIOD1.
1. Any requests, changes or amendments to a Booking after a Booking has been confirmed, including requests, changes or amendments made on the Hire Date are subject to an amended booking fee of $25.00.
2. The following events constitute a change or amendment to a Booking:
i) Changes to date or time of the Hire Period;
ii) Changes to the Vehicle used for the Hire Period;
iii)Changes to the pick-up point and/or destination point or the duration of the Hire Period.
Changes to the time of destination drop-off during the Hire Period.
- PICK-UP/DROP-OFF LOCATION
- We will contact You 24 hours prior to the commencement of the Hire Period to confirm the details of the pick-up location and time and the destination drop-off point and time.
- We request that You ensure you allow sufficient time to meet any personal time requirements you may have during the Hire Period. We shall not be liable for late arrival in any way.
- We will use Our best endeavours to adhere to Your specified pick up and drop off locations and time.
- We reserve the right to select the route travelled during the Hire Period, notwithstanding that the route may not be the shortest or quickest route to the drop off location.
- Given the lengths of the vehicles and limited access in some locations, We reserve the right to refuse to drive You to any location or by any route that may, in our opinion, put the Vehicle, You or third parties at risk of damage or injury.
- EXTENSION OF TIME
- You may extend the time of the Hire Period, subject to any other Bookings and the duration of the time required, by agreement with our Driver, at Our and Our driver’s absolute discretion.
- In the event that you are uncontactable during the Hire Period, the Driver may, at his discretion and availability, wait extra time for you to arrive for pick-up or drop-off. In this event, you will be charged for an Extension of Time plus an administrative fee in accordance with these Terms and Conditions.
- Extensions of time will be charged at a rate of $110.00 per hour, or any part thereof. You agree to pay for the extension of time and the following payment methods are available to You:
- You can pay cash to the driver; or
- You irrevocably authorise Us to charge the extension of time, in accordance with these Terms and Conditions to Your credit card provided to Us at the time of the Booking.
11. ADDITIONAL STOCK REQUESTS
- You may request Us to organise and include additional stock in the Vehicle for the Hire Period.
- All requests for additional stock must be made at least 7 days prior to the Hire Date.
- You are liable for any and all costs of purchasing any additional stock, at a surcharge of 10% over the cost price.
- We make no guarantee to provide any or all of the additional stock requested by You for the Hire Period.
12. NO FOOD
- The consumption of food is strictly prohibited in the Vehicle, unless a specific agreement has been made at the time of Booking and is agreed to in writing.
- You acknowledge and agree that should food be consumed in the Vehicle without agreement, then We reserve the right to charge a cleaning fee of $300.00.
13. NO SMOKING
- Smoking is strictly prohibited within the Vehicle.
- Should any person smoke within the Vehicle during the Hire Period, the cost of cleaning the interior of the Vehicle will be payable by You at a rate of $300.00 and the Hire Period will be terminated immediately, without refund of any part of the Total Booking Cost.
14. CLEANING, BREAKAGES, AND DAMAGES
- You agree to pay to Us a Cleaning Fee of $300.00, where You, or any Passenger, soil, stain, or pollute the vehicle, including, but not limited to vomiting and spillage of food or beverages.
- You agree to pay for the replacement of any of the following items supplied with the Vehicle should they be damaged, lost or removed from the Vehicle during the Hire Period at the following costs:
i) Glasses: $15.00 each:
ii) Television Remote Controls: $100.00 each;
iii) Alcoholic beverages: $20.00 per bottle.
- Should the Vehicle or items supplied with the Vehicle require any additional repair or replacement at completion of the Hire Period, as a result of any action by a Passenger, the cost of repair or replacement will be payable by You at such reasonable rates as calculated by Us. This includes, but is not limited to, damage to Vehicle seating, damage to carpeting, broken windows and damage to light fixtures.
- In the event of breach of this Agreement by You or a Passenger, You shall be liable to Us for any lost revenue when the Vehicle is unable to be used to provide limousine services to other customers, including consequential damages suffered by Us relating to the cancellation of other bookings with Our customers.
- VEHICLE ACCIDENTS, BREAKDOWNS, AND MALFUNCTIONS
- You accept that Your Hummer, its officers, employees and affiliates, are a booking agent only for the owner or owners of the Vehicle and You agree not to take any action against Us for the result of any act or failure to act by the owners of the Vehicles or their employees, agents, representatives, or subcontractors including, but not limited to, any loss or expenses incurred by You should the Vehicle break down or be involved in an accident during the Hire Period.
- In the event of a traffic accident, mechanical breakdown, malfunctions, or circumstances beyond our control, including inclement weather or road closures, as a result of which We are unable to provide the service, We will use Our best endeavours to transport You and the Passengers to Your destination. The mode of travel will be at Our sole discretion.
- In the event that an equivalent or alternative Vehicle, or alternate arrangements for the Hire Period cannot be made for the Hire Period, You are entitled to a refund or credit of the Total Booking Cost, as chosen in Our absolute discretion.
- UNFORESEEN EVENTS OR CIRCUMSTANCES
- You acknowledge that from time to time and for reasons beyond Our control, the Vehicle booked for the Hire Period may be unavailable due to unforeseen events, circumstances, or other reasons.
- Should such an event occur, We will:
- Make contact with You and inform You of such change prior to the start of the Hire Period; and
- We will use Our best endeavours to make arrangements for an equivalent or alternative vehicle to be made available for the Hire Period; and
- In the event that an equivalent or alternative vehicle cannot be made available for the Hire Period, You will be entitled to a refund or credit of the Total Booking Cost, as chosen in Our absolute discretion.
17. BOOKING OF UNDERAGE EVENTS
- You acknowledge and agree:
1) No alcoholic beverages whatsoever may be consumed by any person under the age of 18 in the Vehicle or during the Hire Period;
2) We reserve the right to immediately terminate the Booking and Hire Period in the event of breach of this Clause and under such circumstances, the Total Booking Cost shall be forfeited.
- Minor children who are Passengers must be supervised at all times by their parents and/or guardians. We shall not be liable for any damage caused by such children or liable to you in respect of any matter affecting the welfare of such children.
- You agree to indemnify Us against any damage caused by a minor child to the Vehicle, or damage to other property or to Our employees caused by minor children involved in a Booking or who are Passengers.
18. LOST PROPERTY OR ITEMS LEFT BEHIND
- We will not be responsible for the loss of Your personal property brought into the Vehicle either during the Hire Period or left in the Vehicle after the Hire Period by You or any other person.
19. PERSONAL INFORMATION AND PRIVACY
- In accordance with Our obligations under the Privacy Act 1988, We will only collect personal information from You that is reasonably necessary for, or directly related to Your Booking.
- We undertake that any personal information collected from You for Your Booking will be reasonably protected and will not be disclosed for another purpose without Your consent, unless otherwise required by law or required by these Terms and Conditions.
20. ACKNOWLEDGEMENT AND INDEMNITY
- You indemnify Us and Our drivers, officers, employees, affiliates and representative agents against all claims, damages, losses, costs and expenses incurred by You or a Passenger as a result of:
i) any act or failure to act by the owners of the Vehicle or their employees, agents, representatives, or subcontractors, pursuant to these Terms and Conditions;
ii) any action or failure to act by You or a Passenger, pursuant to these Terms and Conditions;
iii) Any financial penalty suffered by us as a result of You or a Passenger failing to comply with any restrictions/directions/law/health orders or other mandatory measures applying to Us, You, or a Passenger, particularly in relation to COVID-19 matters.
- You agree not to take any action against Us for the result of any action or failure to act by the owners of the Vehicles or their employees, representatives, agents or subcontractors.
- In the event of a breach of any Clause hereunder, You irrevocably agree and acknowledge that the driver and Your Hummer may immediately end the Booking and We are not obliged to arrange for alternate transportation of You and the other Passengers. Under such circumstances, You and the Passengers shall be liable and responsible for making Your own arrangements pertaining to transport to Your chosen destination(s) and no refund shall be issued to You or any Passenger.
- TERMINATION AND VARIATION
- We may terminate these Terms at Our discretion at any time, not later than 14 days prior to the Hire Date, and if We terminate these Terms, We will refund the Total Booking Fee to You, and We shall have no further liability under these Terms.