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The Website is owned and operated by Christian’s Bus Co.

This Agreement including any other terms incorporated by reference are a binding agreement between us and any person accessing information, tools and services available from the Website, including making a Booking for Services.

By visiting any part of the Website and/or making a Booking, the Customer agrees to be bound by this Agreement, including any additional terms and conditions incorporated by reference or made available by hyperlink.

The Customer warrants that they are at least 18 years of age and they are legally capable of entering into binding contracts.  If the Customer is under 18 years of age, you warrant that you have obtained consent from their parent or legal guardian and they agree to be bound by this Agreement on their behalf.

If the Customer does not agree to this Agreement and to the Privacy Policy, do not access or otherwise use this Website or making any Bookings.

1.Website

1.1Availability

(a) While Christian’s Bus Co. will use all reasonable efforts to ensure that the Website is available, temporary interruptions of the Website may occur.  Christian’s Bus Co. will not be liable for any reason if the Website is unavailable at any time or for any period.  Christian’s Bus Co. may also restrict access to some parts of or the entire Website from time to time.

(b)All content and information provided on or through the Website are provided on an ‘AS IS’ and ‘AS AVAILABLE’ basis, without any warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement.  While Christian’s Bus Co. tries to ensure that information on the Website is accurate at the time of inclusion, Christian’s Bus Co. is not responsible if content or information made available on the Website is not accurate, complete or current.

(c)The content or information on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information.  Any reliance on the content or information on the Website is at the Customer’s own risk.

1.2Refusal of Service

Christian’s Bus Co. reserves the right to refuse to supply the Services to anyone, or to withdraw or amend the Services, for any reason at any time without notice, but Christian’s Bus Co. has no obligation to do so.  The Customer agrees that it is their responsibility to monitor changes to the Website.

1.3Third Party Websites

(a)Certain content, products and services available via the Website may include materials from third parties.

(b)Third party links on the Website may direct you to third party websites that are not affiliated with Christian’s Bus Co.  Christian’s Bus Co. is not responsible for examining or evaluating the content or accuracy and Christian’s Bus Co. does not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties.

(c)Christian’s Bus Co. is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites.  Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction.  Complaints, claims, concerns, or questions regarding third party products or services should be directed to the third party.

2.Bookings

2.1Booking

The Customer may from time to time request Christian’s Bus Co. to provide Services by submitting a Booking through the Website in accordance with this clause 2.

2.2Booking Confirmation

(a)No Booking is final until Christian’s Bus Co. issues a Booking Confirmation.

(b)Christian’s Bus Co. will not be required to provide any Services without an executed Booking.

(c)Once a Booking is accepted, Christian’s Bus Co. will provide a Booking Confirmation to the Customer, and each Booking will be incorporated into and governed by the terms of this Agreement.

(d)Unless otherwise agreed by Christian’s Bus Co. or specified in the Service-specific Terms, a Booking may not be changed or cancelled after the Booking Confirmation is issued by Christian’s Bus Co.

2.3Provision of the Services

(a)During the Booking Term and in consideration of the Customer’s payment of the Fees, Christian’s Bus Co. agrees to provide the Services:

(i)in accordance with the relevant Booking and this Agreement;

(ii)with all due care, skill, diligence and expertise;

(iii)with using suitably qualified, experienced and appropriate Personnel; and

(iv)in accordance with laws applicable to Christian’s Bus Co. and its provision of the Services.

(b)The Customer acknowledges and agrees that Christian’s Bus Co. may subcontract any or all of the provision of Services to a
Third Party.  Christian’s Bus Co. will remain responsible for the performance of the subcontracted portion of the Services.

(c)Christian’s Bus Co. reserves the right to undertake emergency repairs, modifications, additions or other maintenance to the Services without notification to the Customer where such repairs, modifications, additions or other maintenance to the Services are business critical, outside the reasonable control of Christian’s Bus Co., and necessary to safeguard the integrity or security of the Services.

3.Customer Obligations

3.1General

The Customer undertakes to:

(a)do all things reasonably necessary and provide Christian’s Bus Co. with all assistance and co-operation in the performance of this Agreement to enable Christian’s Bus Co. to perform its obligations under this Agreement including providing any information as reasonably required by Christian’s Bus Co. from time to time;

(b)provide Christian’s Bus Co. with:

(i)accurate and timely forecasting information as it relates to the provision of the Services;

(ii)access to relevant Personnel of the Customer, on reasonable notice; and

(iii)all information, materials, and documentation as is otherwise necessary for Christian’s Bus Co.; and

(c)perform any obligations specified in a Booking.

3.2Acceptable Use

In using the Services, the Customer will:

(a)comply with:

(i)the applicable Service-specific Terms;

(ii)the terms of the Booking, including any technical specifications set out in the Booking; and

(iii)all applicable laws; and

(b)not interfere with the operation of the Services or otherwise use the Services in a manner that could harm or impair anyone else’s use of the Services.

3.3Invitees

(a)The Customer may authorise an Invitee to use or receive the benefit of the Services in accordance with this Agreement and the relevant Booking.

(b)The Customer acknowledges and agrees that it will be liable for its Invitee’s acts or omissions in the course of accessing and using the Services, and any breach by an Invitee of this Agreement or the Booking will be deemed to be a breach of the Customer of this Agreement or the Booking.

3.4Christian’s Bus Co.’s Bus Fleet

(a)If and to the extent the Booking relates to hire of a vehicle from Christian’s Bus Co.’s Bus Fleet, the Customer:

(i)will not assert any right, interest or lien in any vehicles under Christian’s Bus Co.’s Bus Fleet or any other property or assets that Christian’s Bus Co. may own, manage and operate; and

(ii)the Customer must not part with possession of any vehicles under Christian’s Bus Co.’s Bus Fleet without the prior written consent of Christian’s Bus Co.

(b)The Customer must:

(i)properly operate and maintain any vehicles under Christian’s Bus Co.’s Bus Fleet in accordance with any reasonable requirements and instructions of Christian’s Bus Co.;

(ii)ensure that the Bus Fleet is maintained in substantially good repair and condition subject to fair wear and tear during the relevant Booking Term; and

(iii)ensure that the Customer’s use of Christian’s Bus Co.’s Bus Fleet does not damage, hinder or unduly interfere with Christian’s Bus Co. or any other Third Party.

(c)Subject to any negligent act or omission of, or contravention of any applicable law, the Customer remains solely responsible and liable for its use of the Christian’s Bus Co.’s Bus Fleet including all claims, losses, liabilities, damage and injury incurred by the Customer, Christian’s Bus Co. or any Third Party by or as a result of its use of the Christian’s Bus Co.’s Bus Fleet.

4.Fees and Payment

4.1Fees

The Customer will pay Christian’s Bus Co. the Fees and any agreed Expenses as set out in the relevant Booking Confirmation.

4.2Invoicing

Christian’s Bus Co. will issue a Tax Invoice to the Customer for the Fees for the Services in accordance with the Booking Confirmation.

4.3Payment Terms

(a)Unless otherwise specified in a Tax Invoice, the Customer will pay each Tax Invoice within seven (7) days of the date of the Tax Invoice.

(b)Christian’s Bus Co. will not accept the payment of any Services on the date of departure.

(c)Payment of a Tax Invoice can be made by bank transfer, cheque, money order or by credit card.  The Customer will pay any bank or service charges applicable to its payment by credit card.

4.4Cancellations

(a)If the Customer cancels a Booking on the travel date, prior to or at the first pick-up point, Christian’s Bus Co. reserves the right to charge a cancellation fee of $150.00 (ex GST) per vehicle. If a Booking is cancelled after the first pick-up point, then Christian’s Bus Co. reserves the right to charge the full amount of the Fees as set out in the Booking Confirmation.

(b)Christian’s Bus Co. may cancel a Booking due to a Force Majeure Event.  In such circumstances, Christian’s Bus Co. will reimburse the Customer the amounts paid, but will not be responsible for any Losses incurred by the Customer.

4.5Additional amounts

(a)The Customer agrees upon Booking Confirmation and commencement of the Services that the Fees charged by Christian’s Bus Co. for provision of the Services will be amended for any additional time and/or distance provided on the day or total duration of the Services.

(b)Additional Fees will be calculated on a pro-rata basis and will depend on the extent of the additional time and/or distance travelled.

(c)Christian’s Bus Co. does not guarantee to provide additions or amendments during Booking Term any such variation will be considered only and subject to, time taken, driving hours, deviation from route and additional vehicles required.

(d)Christian’s Bus Co. reserves the right to impose additional Fees for cleaning the interior of any vehicle that is in our sole judgement left in an unsatisfactory manner either during or at the conclusion of the Booking Term, including wilful damage by
Invitees to either the interior or exterior of any vehicle in Christian’s Bus Co.’s Bus Fleet.

4.6Overdue amounts

Subject to clause 4.4, if any amount payable to Christian’s Bus Co. under this Agreement has not been paid by the Customer by the due date for payment, and Christian’s Bus Co. has provided written notice of such failure and the Customer has not paid, Christian’s Bus Co. may:

(a)charge penalty interest a rate of 2% higher than the current rate fixed under the Taxation Administration Act 1996 (SA); or

(b)suspend the provision of the Services under the Booking to which the unpaid amount relates to.

4.7Fee review

Christian’s Bus Co. may vary the Fees under a Booking:

(a)under an amended Booking setting out a pricing update, provided  in writing to the Customer in accordance with clause 2.2; and

(b)in accordance with the terms set out in the current or renewing Booking.

4.8GST

(a)If GST is payable by a supplier (or by the representative member for a GST group of which the supplier is a member) on any
supply made under or in relation to this Agreement, the recipient must pay to the supplier an amount (GST
Amount
) equal to the GST payable on the supply.  The GST Amount is payable by the recipient in addition to and at the same time as the net consideration for the supply.

(b)If a party is required to make any payment or reimbursement, that payment or reimbursement must be reduced by the amount of any input tax credits or reduced input tax credits to which the other party (or the representative member for a GST group of which it is a member) is entitled for any acquisition relating to that payment or reimbursement.

(c)A supply may be GST-free if the recipient of the supply is outside of Australia, and the use of the supply is outside of Australia.

(d)This clause is subject to any other specific agreement regarding the payment of GST on supplies.

5.Confidentiality

5.1Confidentiality obligations

The Recipient receiving, possessing or otherwise acquiring Confidential Information of the Discloser acknowledges that the Discloser’s Confidential Information is the property of and confidential to or a trade secret of the Discloser.  Subject to clause 5.2, the Recipient must:

(a)keep the Discloser’s Confidential Information confidential and not directly or indirectly disclose, divulge or communicate that Confidential Information to, or otherwise place that Confidential Information at the disposal of, any other person without the prior written approval of the Discloser;

(b)take all reasonable steps to secure and keep secure all Discloser’s Confidential Information coming into its possession or control; and

(c)not memorise, use, modify, reverse engineer or make copies, notes or records of the Discloser’s Confidential Information for any purpose other than in connection with the performance by the Recipient of its obligations under this Agreement.

5.2Exceptions

(a)The obligations of confidentiality under clause 5 do not apply to any information that:

(i)is generally available to the public (other than by reason of a breach of this Agreement);

(ii)is disclosed to the Recipient on a non-confidential basis by a third party entitled to do so; or

(iii)was independently developed by the Recipient without reference to any Confidential Information of the Discloser.

(b)A Party is not in breach of clause 5 in respect of any disclosure of Personal Information that is required to be disclosed by any applicable law.

5.3Publicity

Subject to Christian’s Bus Co. obtaining the Customer’s prior written consent, Christian’s Bus Co. may reference the Customer by name and use the Customer’s logo in all customer lists and in sales and marketing communications.

6.Privacy

6.1Compliance with Privacy laws

Both Parties agree to comply with the Privacy laws in relation to the provision and use of the Services.

6.2Specific requirements

The Customer’s Personal Information will be dealt with in accordance with the Privacy Policy.

7.Warranties

7.1Customer warranties

The Customer warrants to Christian’s Bus Co. and agrees that:

(a)any information or materials it has provided to Christian’s Bus Co. under this Agreement (including prior to the Commencement Date) is true, accurate, and are not misleading or deceptive in any way; and

(b)in using the Services, the Customer will:

(i)ensure that the Intellectual Property Rights and other proprietary rights in the Services are not infringed in any way;

(ii)comply with the directions of Christian’s Bus Co. in relation to the use of the Services; and

(iii)immediately cease to use the Services in every manner whatsoever upon expiration or termination of this Agreement or upon an earlier written request by Christian’s Bus Co. which is not inconsistent with this Agreement.

7.2Christian’s Bus Co. warranties

Christian’s Bus Co. warrants to the Customer that:

(a)it has and will maintain all licences, authorisations, consents, approvals and permits required in order to perform its obligations under this Agreement; and

(b)it will exercise all due care and skill in the performance of the Services.

7.3Consumer law

(a)The Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and other similar consumer protection laws and regulations may imply certain rights, consumer guarantees, warranties and remedies relating to the Services which cannot be excluded, restricted, qualified or modified by Christian’s Bus Co. (Non-Excludable Rights).  Nothing in this Agreement excludes or attempts to exclude your Non-Excludable Rights as a consumer under the ACL.

(b)To the maximum extent permitted by law or any statutory consumer guarantee contained in, any applicable law, Christian’s Bus Co.’s liability to the Customer for a breach of this Agreement or the ACL will be limited to:

(i)offering the Customer a refund for a major failure of the Services; or

(ii)re-performing the Services where it fails to be of an acceptable quality but the failure does not amount to a major failure.

(c)If the Customer is not satisfied with the quality of the Services, please contact Christian’s Bus Co. to discuss options.  Where applicable, Christian’s Bus Co. will comply with its obligations under the ACL.

7.4Disclaimer of warranty

(a)Any representation, warranty, condition or undertaking that would be implied in this Agreement by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law.

(b)Christian’s Bus Co. expressly disclaims and excludes any and all warranties (whether express or implied), and offers no indemnities or guarantees, in respect of Third Party Materials (including in relation to the availability, suitability, performance, or fitness for a particular purpose.

8.Indemnity

8.1Christian’s Bus Co.’s general indemnity

Christian’s Bus Co. indemnifies the Customer from and against any liability suffered or incurred by the Customer arising from or in connection with any of the following:

(a)fraud, or fraudulent misrepresentation or wilful misconduct by Christian’s Bus Co. or its Personnel;

(b)damage or loss to any real and tangible property of the Customer or any other person caused by the wrongful, unlawful or negligent act or omission of Christian’s Bus Co. or its Personnel under this Agreement; or

(c)death of or injury to any person caused by the wrongful, unlawful or negligent act or omission of Christian’s Bus Co. or its Personnel under this Agreement.

8.2Customer’s indemnity

The Customer indemnifies Christian’s Bus Co. and each member of the Christian’s Bus Co. Group from and against any liability suffered or incurred by Christian’s Bus Co. and each member of the Christian’s Bus Co. Group arising from or in connection with any of the following:

(a)the Customer’s, its Personnel’s or Invitee’s use of the Services;

(b)the Customer’s, its Personnel’s or Invitee’s breach of this Agreement or any Booking;

(c)any Third Party claims;

(d)fraud, or fraudulent misrepresentation or wilful misconduct by the Customer, its Personnel or Designees;

(e)damage or loss to any real and tangible property of Christian’s Bus Co. or any other person caused by the wrongful, unlawful or negligent act or omission of the Customer, its Personnel or Invitee’s under this Agreement or any Booking; or

(f)death of or injury to any person caused by the wrongful, unlawful or negligent act or omission of the Customer, its Personnel or Designees under this Agreement or any Booking.

9.Liability

9.1Limitation of liability

To the maximum extent permitted by law, the maximum aggregate liability of Christian’s Bus Co. for all Losses, damages and claims arising out of this Agreement whether arising under contract, in negligence or in tort or for any other common law or statutory action, is limited to an amount equal to 100% of the amounts paid by the Customer to Christian’s Bus Co. in respect of the applicable Services under that Booking for the period specified in the Booking.

9.2Exclusion of Liability

Notwithstanding the above, Christian’s Bus Co. accepts no liability for:

(a)Consequential Loss;

(b)substitution of any Services for reasons beyond our control;

(c)any loss of enjoyment experienced by Invitees due to circumstances beyond its control;

(d)loss or damage to clothing and/or luggage;

(e)failure to meet connections due to unexpected delays;

(f)any other costs incurred by the customer; and

(g)third party claims associated with a Hire Agreement.

9.3Proportionate liability

To the extent permissible by law, a Party’s liability under the Agreement (including under an indemnity) is reduced proportionately to the extent that such liability is caused or contributed to by the breach of this Agreement or the wrongful, unlawful or negligent act or omission of other Party or its Personnel.

9.4Duty to mitigate

Each party must use all reasonable endeavours to mitigate its liability.

10.Dispute Resolution

(a)A Party claiming that a dispute has arisen must give written notice to the other Party specifying the nature of the dispute and the Parties must submit themselves to the dispute resolution procedure specified in this clause 10.

(b)The Parties agree that if a dispute arises out of or relates to this Agreement, a Party may not commence any legal proceedings relating to the dispute unless it has complied with the provisions of this clause 10 except to seek urgent equitable or interlocutory relief.

(c)When a dispute arises between the Parties in relation to this Agreement, then:

(i)all amounts payable by the Customer to Christian’s Bus Co. which are not in dispute must be paid in accordance with the Booking;

(ii)if the Parties cannot resolve the dispute within 20 Business Days after notice has been given, then the dispute is to be referred to the respective authorised representatives or their nominees of each Party (jointly referred to in the remainder of this clause 10 as Authorised Representatives) for resolution; and

(iii)if the Authorised Representatives cannot resolve the dispute within 20 Business Days after referral, then the Parties must submit the dispute to a mediator appointed by the Chair of Resolution Institute (Victoria) for consideration in accordance with the Resolution Institute Mediation Rules, which are taken to be incorporated into this Agreement.

(d)Each Party must pay its own internal and legal costs in relation to complying with this clause 10.  The mediator’s costs are to be shared equally between the Parties.

11.Termination

11.1Termination due to default

If an Event of Default under a Booking occurs in relation to a Party (Defaulting Party):

(a)the other Party may give a notice of termination of that Booking (Default Notice) to the Defaulting Party specifying the Event of Default and requiring the Defaulting Party to remedy the default within 20 Business Days after the Default Notice is given to the Defaulting Party; and

(b)if the Defaulting Party does not comply with the notice within the relevant period referred to in clause 11.1(a) then the other Party, without limiting its other rights and remedies, may terminate the Booking to which the Event of Default relates, by giving to the Defaulting Party notice with immediate effect.

11.2Suspension

(a)Without limiting any rights or remedies of Christian’s Bus Co., Christian’s Bus Co. may suspend the provision of the Services:

(i)in accordance with clause 4.6(b);

(ii)in any of the circumstances set out in clause 11.1, in lieu of termination; or

(iii)if Christian’s Bus Co. is required by a regulatory authority or any applicable law.

(b)Christian’s Bus Co. may continue the suspension under this clause 11.2 and may restrict or block the Service until Christian’s Bus Co. is satisfied (acting reasonably) that the relevant event giving rise to the suspension is resolved in favour of Christian’s Bus Co. and that the event is not likely to reoccur.

(c)The Customer will be liable to continue to pay the Fees for the Services while the Services are suspended.

11.3Consequences of termination

(a)Termination of a Booking will not affect any other Bookings which are in effect between Christian’s Bus Co. and the Customer at the time of the termination and such other Bookings will continue in accordance with their respective terms, unless otherwise stated in the Booking Confirmation.

(b)On the expiry or termination of a Booking for any reason:

(i)the Customer will pay any Fees that are due and payable (including those which may not have been invoiced prior to expiry or termination) for the Services under that Booking up to the date of expiry or termination;

(ii)the Booking will be at an end as to its future operation except for the enforcement of any right or claim in relation to the Agreement that arises on, or has arisen before, the expiry or termination;

(iii)subject to the Customer complying with its obligations under clause 11.3(b)(i), the Customer will be entitled to retain and use that part of the Deliverable provided by Christian’s Bus Co. and paid for in full by the Customer on or before the date of expiry or termination;

(iv)the Customer must immediately cease using and return to Christian’s Bus Co. any part of Christian’s Bus Co.’s Bus Fleet that is in the Customer’s possession;

(v)the Customer must immediately cease using and return to Christian’s Bus Co. any of Christian’s Bus Co.’s Confidential Information, at the Customer’s risk and cost, or if such Confidential Information is incapable of being returned, permanently destroying it; and

(vi)the Customer must immediately return to Christian’s Bus Co. any Equipment, property or assets owned or licensed by Christian’s Bus Co. within the Customer’s possession or control.

(c)If a Booking is terminated by Christian’s Bus Co. in accordance with clause 11.1 due to the Customer’s Event of Default, the Customer will pay Christian’s Bus Co.’s Unavoidable Costs.

11.4Survival

Clauses 5, 6, 8, 8.2, 10, 11, 12, and all other provisions that, by their nature, are intended to survive termination of this Agreement, will survive termination and expiry of this Agreement.

12.PPS Act

12.1Customer acknowledgments

If and to the extent specified in a Booking Confirmation, the Customer acknowledges and agrees that a purchase money security interest securing the performance of the Customer’s obligations under this Agreement is taken in respect of any Christian’s Bus Co. Bus Fleet supplied by or on behalf of Christian’s Bus Co. to the Customer (if any), and all vehicles under Christian’s Bus Co.’s Bus Fleet that may be supplied in the future by or on behalf of Christian’s Bus Co. to the Customer in accordance with this Agreement.

12.2Security interest and waiver

(a)The Customer must ensure that no security interest (within the meaning of the PPS Act) is created, exists or subsists over Christian’s Bus Co.’s Bus Fleet (including any substituted or replacement parts) or other item that is incorporated into any of Christian’s Bus Co.’s Bus Fleet), in the Customer’s possession or control prior to title to Christian’s Bus Co.’s Bus Fleet passing to the Customer other than a security interest arising under this Agreement.

(b)To the extent permitted by law, the Customer irrevocably waives any rights it may have to receive notices or otherwise under sections 95, 118,121(4), 129, 130, 132(2), 132(3)(d), 132(4),  135, 137(2), 157(1) and 157(3) of the  PPS Act, redeem Christian’s Bus Co.’s Bus Fleet following seizure by Christian’s Bus Co. under section 142 or to reinstate a security agreement following termination under section 143.

(c)The Customer agrees that it irrevocably waives any rights it may have to receive a verification statement (as defined in the PPS Act).

13.General provisions

13.1Force Majeure Events

(a)Neither Party will be liable to the other for any delay or failure to perform its obligations under this Agreement (other than for an obligation to make payment) as a result of a Force Majeure Event.

(b)If Christian’s Bus Co. is affected by a Force Majeure Event:

(i)Christian’s Bus Co. will notify the Customer as soon as practical of any anticipated delay or failure to provide the Services as a result of the Force Majeure Event.

(ii)Christian’s Bus Co. may, at its option, notify the Customer and substitute the affected Services with an equivalent or substantially similar replacement service on a temporary or permanent basis.

(c)If the Force Majeure continues for a period of more than 90 days, the Party not affected by the Force Majeure Event may terminate the relevant Booking affected by the Force Majeure Event by written notice to the affected Party.

13.2Assignment

(a)The Customer must not transfer any right or liability under this Agreement without the prior consent of Christian’s Bus Co.

(b)Christian’s Bus Co. may transfer any right or liability under this Agreement without the prior written consent of the Customer.

13.3Notices

Christian’s Bus Co. may give notices to the Customer by the most appropriate means, including by email, SMS, telephone, instant messaging or post.

13.4Entire agreement

This Agreement:

(a)expresses and incorporates the entire agreement between the Parties in relation to its subject‑matter, and all the terms of that agreement; and

(b)supersedes and excludes any prior or collateral negotiation, understanding, communication or agreement by or between the parties in relation to that subject‑matter or any term of that agreement.

13.5Governing law and jurisdiction

(a)This Agreement is governed by and construed under the law of Victoria, Australia.

(b)Any legal action in relation to this Agreement against any Party or its property may be brought in any court of competent jurisdiction set out in Victoria, Australia.

(c)Each Party by execution of this Agreement irrevocably, generally and unconditionally submits to the non‑exclusive jurisdiction of any court specified in this provision in relation to both itself and its property.

13.6Waivers

Any failure by any Party to exercise any right under this Agreement does not operate as a waiver and the single or partial exercise of any right by that Party does not preclude any other or further exercise of that or any other right by that Party.

13.7Severability

Any provision of this Agreement which is invalid in any jurisdiction is invalid in that jurisdiction to that extent, without invalidating or affecting the remaining provisions of this Agreement or the validity of that provision in any other jurisdiction.

13.8Changes to terms

(a)The Customer can review the most current version of this Agreement at any time at this page.

(b)Christian’s Bus Co. reserves the right, at our sole discretion, to update, change or replace any part of this Agreement by posting updates and changes to the Website.

(c)It is the Customer’s responsibility to check the Website periodically for changes.  The Customer’s continued use of or access to the Website or the Services following the posting of any changes to this Agreement constitutes acceptance of those changes.

14.Definitions and interpretation

14.1Definitions

In this Agreement:

Agreement means these terms and conditions, a Booking, subject to a Booking Confirmation, and any schedules, recitals, attachments or annexures;

Booking means a written statement (including any schedules, annexures or attachments) for the provision of the Services by Christian’s Bus Co. to the Customer, substantially in the form approved by Christian’s Bus Co. from time to time;

Booking Confirmation means the confirmation received from Christian’s Bus Co. following acceptance of a Booking;

Booking Term means the term of each Booking, as specified in the relevant Booking;

Business Day means a day that is not a Saturday, Sunday, public holiday or bank holiday in Victoria, Australia;

Bus Fleet means any bus or coach vehicle provided by Christian’s Bus Co. to the Customer as specified in the Booking;

Christian’s Bus Co. means:

(a)HQ Travel Pty Ltd ACN 630 595 443 trading as “christians travel” or “HQ Travel” ABN 28 630 595 443;

(b)W. Christian (Terang) Pty Ltd ACN 005 550 167 as trustee for the W. Christian Terang Unit Trust trading as “Christian’s Bus Co.” ABN 92 171 296 246;

(c)B & G Christian Pty Ltd ACN 004 763 973 as trustee for B & G Christian Unit Trust trading as “christiansbus Bendigo”;

(d)Bacchus Marsh Coaches Pty Ltd 006 671 272 trading as “christiansbus bacchus marsh” or “christiansbus ballarat” ABN 86 788 196 130; and

(e)any of its related bodies corporate trading as “Christian’s Bus Colac”, “Christian’s Bus Terang”, “Christian’s Bus Ocean Grove”, “Christian’s Bus Warrnambool”, and “Christian’s Bus Ararat”;

Commencement Date means the date set out in Booking Confirmation;

Confidential Information means, in respect of a Discloser:

(a)the terms of this Agreement, any Booking and their respective subject matter, including information submitted or disclosed by either Party during negotiations, discussions and meetings relating to this Agreement or a Booking;

(b)information that at the time of disclosure by a Discloser is identified to the Recipient as being confidential; and

(c)all other information belonging or relating to a Discloser, or any Related Entity of that Discloser, that is not generally available to the public at the time of disclosure other than by reason of a breach of this Agreement or which the Recipient knows, or ought reasonably to be expected to know, is confidential to that Discloser or any Related Entity of that Discloser;

Consequential Loss means an indirect loss (not being a loss which arises naturally as a result of a breach of this Agreement or other event giving rise to the relevant claim), and specifically includes loss of reputation, loss of goodwill, lost profits, lost revenue, loss of or damage to data, loss of use by Third Parties, or any failure to realise anticipated savings and loss of opportunities;

Controller means, in relation to a person:

(a)a receiver, receiver and manager, administrator or liquidator (whether provisional or otherwise) of that person or that person’s property; or

(b)anyone else who (whether or not as agent for the person) is in possession, or has control, of that person’s property to enforce an encumbrance;

Corporations Act means the Corporations Act 2001 (Cth);

Customer means the person so specified in the Booking;

Discloser means the Party disclosing Confidential Information to the Recipient;

Event of Default means, in relation to a Party, the occurrence of any one or more of the following events or circumstances:

(a)the Party commits a material breach of its obligations under the Agreement or a Booking;

(b)an Insolvency Event occurs in relation to the Party;

(c)a notice of deregistration of the Party is given under sections 601AA(5) or 601AB(5) of the Corporations Act; or

(d)the Party fails to pay by the due date any undisputed amount due and payable by it under a Booking;

Expenses mean out-of-pocket expenses incurred by Christian’s Bus Co. in connection with the provision of the Services, which are set out in a Booking or have been approved in writing by the Customer;

Fees mean the fees specified in the Booking Confirmation and payable by the Customer to Christian’s Bus Co. for provision of the Services;

Force Majeure Event means in relation to a party, any event or circumstance affecting a party or as a result of which a party is prevented from or delayed in performing any of its obligations under this Agreement and that is beyond the reasonable control of that party, including an act of God, war, act of public enemy, blockage, revolution, riot, insurrection, civil commotion, lightning, storm, flood, fire, tempest, earthquake, explosion, embargo, unavailability of any essential equipment, services or material, unavoidable accident, epidemic or pandemic (whether declared or undeclared), or anything done or not done by or to a person, government or other competent authority;

GST means any tax, levy, charge or impost implemented under the GST law or an Act of the Parliament of the Commonwealth of Australia substantially in the form of, or which has a similar effect to, the GST law;

GST law has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth);

Insolvency Event means, in relation to a Party, any one or more of the following events or circumstances:

(a)being in liquidation or provisional liquidation or under administration;

(b)having a Controller or analogous person appointed to it or to any of its property;

(c)being taken under section 459F(1) of the Corporations Act to have failed to comply with a statutory demand;

(d)being unable to pay its debts or being otherwise insolvent;

(e)becoming an insolvent under administration, as defined in section 9 of the Corporations Act;

(f)entering into a compromise or arrangement with, or assignment for the benefit of, any of its members or creditors; or

(g)any analogous event or circumstance under the laws of any jurisdiction;

Invitee means a person authorised by the Customer to use the Services for or on behalf of the Customer;

Loss includes any direct loss, damage, liability, compensation, fine, penalty, charge, payment, cost or expense (including any legal cost and expense on a full indemnity basis) however it arises and whether it is present or future, fixed or unascertained, actual or contingent (but not Consequential Loss);

Party means Christian’s Bus Co. or the Customer and Parties means both of them;

Personal Information has the same meaning as is given to that term in the Privacy Act;

Personnel in relation to a Party, are the directors, officers, employees, agents or subcontractors of that Party;

PPS Act means Personal Property Securities Act 2009 (Cth);

Privacy Act means the Privacy Act 1988 (Cth);

Privacy Law means all Commonwealth, State and Territory legislation, principles, industry codes and policies relating to the collection, use, disclosure, storage or granting of access rights to the Personal Information including the Privacy Act and includes the Australian Privacy Principles as contained within the Privacy Act;

Quotation means a quote provided by Christian’s Bus Co. in accordance with a Booking;

Recipient means the Party to whom Confidential Information is disclosed or who possesses or otherwise acquires Information belonging or relating to a Discloser;

Related Entity has the meaning given to that term in the Corporations Act;

Services means the Bus Fleet services as described in Booking and Booking Confirmation;

Service-specific Terms means the terms applicable to the relevant Service as set out in the Schedules (as applicable);

Tax Invoice has the meaning under GST law;

Third Party means any party other than Christian’s Bus Co. or the Customer;

Unavoidable Costs means reasonable costs incurred by Christian’s Bus Co., in connection with the performance of its obligations under this Agreement or any agreement with any Third Party in connection with this Agreement which cannot be cancelled, refunded or re-allocated to Christian’s Bus Co.’s other operations or business activities, including, for example labour and Third Party costs incurred to deliver a change request or Booking, then terminated by the Customer; and

Website means the website maintained by Christian’s Bus Co. and accessed via the following address: https://christiansbus.com.au/.

14.2Interpretation

In this Agreement, unless the context requires otherwise:

(a)clause and subclause headings are for reference purposes only;

(b)the singular includes the plural and vice versa;

(c)words denoting any gender include all genders;

(d)a reference to a person includes any other entity recognised by law and vice versa;

(e)where a word or phrase is defined, its other grammatical forms have a corresponding meaning;

(f)any reference to a Party to this Agreement includes its successors and permitted assigns;

(g)any reference to any agreement or document includes that agreement or document as amended at any time;

(h)the use of the word includes or including is not to be taken as limiting the meaning of the words preceding it;

Schedule 1 – Terms of Use

This Schedule 1 – Terms of Use apply to the provision of bus charter services, including for generic charters or school charters.

The provision of any Services within Christian’s Bus Co.’s Bus Fleet is subject to the state of Victoria’s Bus Safety & Passenger Transport Regulations.

Christian’s Bus Co. reserves the right to enforce its legal obligation in compliance with the law in all aspects of its Services.  This includes, but is not limited to its right to:

  1. ensure domestic pets (excluding Recognised Assistance Animals) are not allowed onto a vehicle unless caged correctly, and prior agreement to transport has been obtained from the Christian’s Bus Co. in writing;
  2. refuse entry to the vehicle of persons under the influence of alcohol or drugs;
  3. stop consumption of hot food or drink, alcohol, or tobacco products on the vehicle;
  4. authorise a Christian’s Bus Co. driver to act in the best interests of the Customer or the Invitees’ safety irrespective of consequences to the Services or the Booking;
  5. obey road speed restrictions irrespective of unscheduled delays in travel time;
  6. stop to render assistance to others when judged in the public interest for safety or rescue;
  7. report to authorities any person acting in a manner that endangers others, and terminate the Booking immediately;
  8. refuse to carry dangerous, flammable, or illegal items/goods on any part of a person or the vehicle;
  9. determine the suitability and nature of any luggage or items intended to be carried by, or for, the Customer or the Invitees on or within the vehicle cabin or storage areas and to refuse such items deemed as unacceptable. Christian’s Bus Co. takes no responsibility for luggage lost or damaged whilst being handled, on tour or any time in transit; all items carried are at the owner’s risk;
  10. render first aid in the best interest of the Customer or the Invitees and take such measures deemed necessary to enlist assistance in an emergency from any available services. Costs of such emergency service provision rest with the Customer or the Invitees;
  11. maintain legal driving hours and driver rest periods in line with current regulations;
  12. discontinue the Services due to road or surface being unsafe to travel on; and
  13. remove waiting vehicles from a hire pick up point due to the Customer or the Invitees being overdue by time exceeding 10 minutes, with or without notification by the Customer’s group or representative of such a delay, at Christian’s Bus Co.’s discretion. Due to other operational commitments this may result in cancellation of the Booking (refer to Fees).

The Customer agrees and acknowledges that any issues arising from the Services must be notified to Christian’s Bus Co. in writing within thirty (30) days of the termination or expiry of the Booking Term for an official response.  Any issues or compensation claims made after this time may not receive a response.

Schedule 2 – Multi-Day Tour Terms

This Schedule 2 – Terms of Use apply to the provision of multi-day tour services.

  1. Inclusions: Includes coach, motel accommodation with private facilities on a twin share basis. Meals and entry fees as per the itinerary.  Drinks, telephone calls, laundry and items of a personal nature are not included.
  2. Payment: A deposit nominated by the special conditions within each tour is required at the time of booking. Balance is due 45 days prior to departure. Cancellation fees will be levied as follows:
  3. (a)45 days and over prior to departure – loss of deposit;

    (b)between 45 to 30 days inclusive prior to departure: 50% of Fees retained by Christians Bus Co.,

    (c)between 29 and 14 days inclusive prior to departure: 75% of Fees retained by Christians Bus Co.; and

    (d)under 14 days prior to departure, non-attendance or non-completion of tour: No refund.

  4. Liability: Christian’s Bus Co. has arranged this tour upon the express condition that it will not be liable for any injury, damage, loss, accident, delay or irregularity which may occur either by reason of defect in any vehicle, vessel or aircraft of another company engaged to provide transportation on behalf of Christian’s Bus Co. Whilst Christian’s Bus Co. will take all reasonable steps to provide an enjoyable tour, it accepts no liability whatsoever for any loss of enjoyment experienced by the Customer or the Invitees due to circumstances beyond its control.
  5. Pricing: Prices are based on twin share unless specified otherwise. Information as stated is correct at time of publication, but is subject to change without notice. We reserve the right to change or alter the itinerary should circumstances beyond our control make it necessary.  If the tour has insufficient Bookings, it may be cancelled by Christian’s Bus Co. in its sole discretion with full refund paid to the Customer.
  6. Food & Drink: Hot food and drink must not be consumed on the coach.
  7. Smoking: Smoking is prohibited under applicable laws. The Customer and the Invitees are requested to restrict their smoking to stops en route in the interests of other passengers.
  8. Luggage: one medium size suitcase plus one carry bag per passenger – maximum combined weight of 20kgs.
  9. Seating: to enable everyone to enjoy forward and window seating, a seat rotation system will operate and passengers will be required to change seats each day.
  10. Travel Insurance: Travel Insurance is not compulsory however is highly recommended and is available from our head office.
  11. Acceptable Behaviour: No passenger will be permitted to embark or continue on the tour while their mental or physical condition is, in the opinion of any representative of the company, such as to render them incapable of caring for themselves, or whereby they become objectionable to other passengers, or they become a hazard to themselves or other passengers. Christian’s Bus Co. will not be responsible for expenses resulting in such persons being precluded from completing the tour for any reason.
  12. Special passenger requirements: Any special passenger requirements, including any pre-existing medical conditions, must be notified to Christian’s Bus Co at the time of booking. Each Customer must provide Christian’s Bus Co. their emergency contact information.  It is a requirement of Christian’s Bus Co. that each of the Customer and the Invitees is able to negotiate coach steps or steps at destinations or venues without the aid of the coach crew or other passengers.  The Customer or any Invitees who requires assistance in this regard is required to have a personal carer travelling with them.  Christian’s Bus Co. reserves the right to accept, decline or terminate the Customer’s participation if it reasonably believes that it is in the Customer’s or other customers’ best interests to do so.  If the Customer’s participation is terminated while on tour, no refund will be provided and the Customer will be responsible for their return transportation arrangements and costs.

Schedule 3 – Special Events, Theatre, Day Trips, Musicals and Concerts

This Schedule 3 – Terms of Use apply to the provision of special events, theatre, day trips, musicals and concerts services.

  1. To the maximum extent permitted by law, all Bookings, once the subject of a Booking Confirmation, are non-cancellable and non-refundable.
  2. If the Services are cancelled by Christian’s Bus Co., the Fees will be refunded to the Customer in full.
  3. Food & Drink: Hot food and drink must not be consumed on the coach.
  4. Smoking: Smoking is prohibited under applicable laws. The Customer and the Invitees are requested to restrict their smoking to stops en route in the interests of other passengers.
  5. Acceptable Behaviour: No passenger will be permitted to embark or continue on the tour while their mental or physical condition is, in the opinion of any representative of the company, such as to render them incapable of caring for themselves, or whereby they become objectionable to other passengers, or they become a hazard to themselves or other passengers. Christian’s Bus Co. will not be responsible for expenses resulting in such persons being precluded from completing the tour for any reason.
  6. Special passenger requirements: Any special passenger requirements, including any pre-existing medical conditions, must be notified to Christian’s Bus Co at the time of booking. Each Customer must provide Christian’s Bus Co. their emergency contact information.  It is a requirement of Christian’s Bus Co. that each of the Customer and the Invitees is able to negotiate coach steps or steps at destinations or venues without the aid of the coach crew or other passengers.  The Customer or any Invitees who requires assistance in this regard is required to have a personal carer travelling with them.  Christian’s Bus Co. reserves the right to accept, decline or terminate the Customer’s participation if it reasonably believes that it is in the Customer’s or other customers’ best interests to do so.  If the Customer’s participation is terminated while on tour, no refund will be provided and the Customer will be responsible for their return transportation arrangements and costs.

Schedule 4 – Hire and Drive Terms

This Schedule 4 – Hire and Drive Terms apply to the provision of vehicle hire services.  To avoid doubt, vehicle hire services do not include the provision of a driver.  These Hire and Drive Terms do not apply to generic charters or school charters.

  1. ACCURACY OF INFORMATION
  2. (a)The Customer warrants that all information provided by the Customer to Christian’s Bus Co. in relation to the Booking is true and correct.

    (b)The Customer must notify Christian’s Bus Co. as soon as reasonably possible, and in all cases within two (2) days, of any change to this information.

  3. DELIVERY AND CONDITION OF VEHICLE
  4. The Customer acknowledges that it has inspected the Vehicle and has received the Vehicle from Christian’s Bus Co.:

    (a)in clean good order and in running condition except as specified in the Condition Report or Booking;

    (b)with the keys to the Vehicle and other items as specified in the Condition Report or Booking; and

    (c)with the odometer seal and housing intact and the initial odometer kilometre readings as specified in the Booking.

  5. POSSESSION AND RETURN OF VEHICLE
  6. (a)The Customer acknowledges that the Vehicle is, and will remain, the property of Christian’s Bus Co. or its nominee at all times.

    (b)Unless the Customer has Christian’s Bus Co.’s prior agreement, the Customer must pick up the Vehicle from Christian’s Bus Co. at the place and no later than the date and time specified in the Booking, which must be between 8.00am and 5.00pm on a Business Day.

    (c)On pick up of the Vehicle, Christian’s Bus Co. will:

    (i)provide the keys to the Vehicle to the Customer;

    (ii)complete the Condition Report in the Customer’s presence; and

    (iii)provide the Customer with any relevant instructions relating to the Vehicle and/or the return process for the Vehicle.

    (d)Christian’s Bus Co. may repossess the Vehicle (without prior notice) if, in Christian’s Bus Co.’s reasonable opinion:

    (i)the Customer is in breach of any term of the Booking;

    (ii)the Vehicle is being or has been used in contravention of any law;

    (iii)Christian’s Bus Co.’s interest in the Vehicle or the condition of the Vehicle is threatened or is likely to be detrimentally effected by the Customer’s use of the Vehicle; or

    (iv)it is reasonably apparent that the Vehicle has been abandoned.

    (e)Unless the Customer has Christian’s Bus Co.’s prior agreement, the Customer must return the Vehicle to Christian’s Bus Co.:

    (i)at the place and no later than the date and time specified in the Booking;

    (ii)with a fuel reading on the fuel gauge at least equal to the fuel reading specified in the Condition Report or Booking; and

    (iii)in the same condition (save for ordinary wear and tear) as when the Customer received the Vehicle.

    (f)The Customer acknowledges that the only existing damage to the Vehicle at the commencement of the Booking is specified in the Condition Report. Any damage which has not been recorded in the Condition Report will constitute damage which has occurred subsequent to the commencement of the Booking and will be at the Customer’s sole expense.

    (g)If the Customer fails to return the Vehicle at the date and by the time specified in the Booking without obtaining Christian’s Bus Co.’s prior written agreement, the Customer will be charged for the late return of the Vehicle at a rate equivalent to double the daily rate as set out in the Booking.

    (h)If the Customer fails to return the Vehicle at the date and by the time specified in the Booking without obtaining Christian’s Bus Co.’s prior written agreement, Christian’s Bus Co. will notify the law enforcement authorities and report the Vehicle as stolen.

  7. VEHICLE INSPECTION AND SERVICE
  8. Following return of the Vehicle, Christian’s Bus Co. will conduct an inspection and service on the Vehicle to ensure that the Vehicle is returned in the same condition as specified in the Condition Report within five (5) Business Days of the Customer returning the Vehicle.

  9. DRIVING AND USE OF THE VEHICLE
  10. (a)The Customer represents and warrants that:

    (i)the Customer or the body that the Customer represents is registered with TSV;

    (ii)the Driver holds a current unrestricted full motor vehicle licence for the particular class of Vehicle hired which is valid in the State of hire;

    (ii)the Customer will supply an e-tag and cover all associated costs in relation to the use of the Vehicle;

    (iv)the Customer will not do anything to void the insurance held by Christian’s Bus Co. in relation to the Vehicle; and

    (v)the Customer will comply with the laws and regulations of the relevant road authorities, including but not limited to TSV, Commercial Passenger Vehicles Victoria and the National Heavy Vehicle Regulator,

    and will provide evidence of any licence, accreditation or registration as reasonably requested by Christian’s Bus Co. from time to time.

    (b)Prior to taking possession of the Vehicle, Christian’s Bus Co. will take a copy of the Driver’s licence for Christian’s Bus Co.’s records.

    (c)The Vehicle must not be driven by any person:

    (i)who is not a Driver;

    (ii)under the age of 25 years;

    (iii)who has been convicted of any offence relating to driving a motor vehicle under the influence of alcohol, drugs or illegal substances;

    (iv)who has a breath or blood alcohol concentration exceeding the maximum lawful concentration, is intoxicated or under the influence of alcohol, drugs or illegal substances;

    (v)holding a learner’s or provisional motor vehicle licence or who does not hold a current unrestricted full motor vehicle licence for the particular class of vehicle valid in the State of hire; or

    (vi)in respect of whom the Customer have supplied Christian’s Bus Co. with false information concerning that person’s name, age, address or licence information.

    (d)The Vehicle must not be driven or used:

    (i)where there is no Booking Confirmation between Christian’s Bus Co. and the Customer;

    (ii)in contravention of any law, or for any illegal purpose whatsoever;

    (ii)on any unformed or unsealed road;

    (iv)when it is damaged or unsafe;

    (v)to carry Invitees for payment or reward of any kind;

    (vi)to carry any flammable or dangerous substance;

    (vii)dangerously or at speeds in excess of the legal speed limits;

    (vii)for racing, speed testing or contest or in preparation for any of those purposes;

    (ix)to carry any animal in the Vehicle without Christian’s Bus Co.’s prior written consent;

    (x)to propel or tow any vehicle or trailer without Christian’s Bus Co.’s prior written consent;

    (xi)to convey any load in excess of that for which the Vehicle was constructed; or

    (xii)in a manner, or conduct towards other road users, that reflects poorly on the public image of Christian’s Bus Co.

    (e)The Customer must ensure that the Vehicle is driven safely, legally and in a manner which does not cause undue damage to the Vehicle and its Invitees.

    (f)Except with Christian’s Bus Co.’s prior written agreement, the Customer must ensure that the Vehicle is not driven or taken outside of the State or Territory in which it is registered.

  11. REPORTING ACCIDENTS
  12. (a)The Customer must report any incident involving the Vehicle which might give rise to a claim for personal injury or property damage, to Christian’s Bus Co., law enforcement authorities and any other relevant authority, as soon as reasonably possible but not later than 24 hours after the incident.

    (b)The Customer must report to Christian’s Bus Co. all or any damage, loss or injury to person or property which is caused by or to the Vehicle, as soon as reasonably possible but not later than 24 hours after the incident.

    (c)In the event of an accident, the Driver must record the full names, addresses, workplace details, contact details, insurance and registration of all Invitees, witnesses and the other vehicles involved in the accident.

  13. CARE AND MAINTENANCE
  14. (a)If the Customer has hired a Vehicle for a period longer than one month, at the end of each month, unless otherwise agreed with Christian’s Bus Co. in writing, the Customer must ensure that the Customer return the Vehicle to Christian’s Bus Co. for a Vehicle inspection and service.

    (b)The Customer must during the Booking Term:

    (i)take all reasonable steps to ensure that the Vehicle is safe, secure and free of damage;

    (ii)maintain all of the Vehicle’s engine oils and coolant levels to the Vehicle manufacturer’s standards;

    (iii)keep the Vehicle locked and the keys under the Customer’s control and safekeeping; and

    (iv)immediately notify Christian’s Bus Co. if the Customer suspect that the Vehicle is not operating in its usual and ordinary manner so that Christian’s Bus Co. can arrange for a service check and appropriate repairs.

    (c)Smoking and drinking within the Vehicle is strictly prohibited. A cleaning surcharge will be applied at Christian’s Bus Co.’s sole discretion.

    (d)The Customer must pay for and only use the fuel specified by the manufacturer of the Vehicle or as specified by Christian’s Bus Co. All costs associated with the use of an incorrect fuel type will be at the Customer’s sole expense.

    (e)The Customer must not have repairs to the Vehicle carried out unless the Customer first obtain Christian’s Bus Co.’s prior written consent.

    (f)The Customer must obtain an original tax invoice in respect of any authorised repairs and provide a copy of this invoice to Christian’s Bus Co. to verify the repairs as soon as possible after the repairs are made and no later than five (5) Business Days following the repairs.

    (g)Christian’s Bus Co. will reimburse the Customer for any repairs to the Vehicle authorised by Christian’s Bus Co. The Customer will not be reimbursed if Christian’s Bus Co. are unable, despite Christian’s Bus Co.’s reasonable efforts, to verify the cost of the repairs.

  15. CLAIMS
  16. The Customer must:

    (a)permit Christian’s Bus Co. or Christian’s Bus Co.’s insurer at Christian’s Bus Co.’s own cost to bring, defend, enforce or settle any legal proceedings in respect of the Vehicle against a third party in the Customer’s name;

    (b)permit or ensure that Christian’s Bus Co. may claim in the Customer’s name under any applicable policy of motor vehicle insurance held by the Customer covering the use by the Customer of the Vehicle; and

    (c)assist, and cause the Driver to assist Christian’s Bus Co. or Christian’s Bus Co.’s insurer in making such a claim, including assigning to Christian’s Bus Co. any right to claim under any policy of motor vehicle insurance held by the Customer covering the use by the Customer of the Vehicle.

  17. INSURANCE
  18. Christian’s Bus Co. will maintain during the duration of the Booking, at Christian’s Bus Co.’s own cost, insurance policies in respect of the Vehicle covering risk of loss or damage to the Vehicle by reason of fire, floor, theft and other property damage.

  19. LIABILITY
  20. (a)Christian’s Bus Co. will provide all reasonable assistance to locate any property that is lost, stolen or left within the Vehicle after the return of the Vehicle to Christian’s Bus Co. Otherwise, Christian’s Bus Co., unless negligent, is not liable to the Customer or any other person for any damage to or loss of property:

    (i)stolen or otherwise lost during the period of hire; or

    (ii)left in the Vehicle by the Customer or any other person on the return of the Vehicle to Christian’s Bus Co.

    (b)The Customer is responsible for all risks of or in connection with the operation of the Vehicle for the Booking Term, including third party injury or damage to persons or property.

    (c)Christian’s Bus Co. is excluded in respect of any indirect or consequential loss suffered or incurred by the Customer in relation to the Vehicle, any delay or failure in supplying the Vehicle, or otherwise under or in connection with the Booking, and in any event (including where amounting to a direct loss) for any loss of revenue, profits or goodwill.

  21. INDEMNITY
  22. The Customer indemnifies Christian’s Bus Co. against:

    (a)all or any loss, damage or injury (of any nature whatsoever) to the Vehicle or to any person or property which arises in any manner whatsoever (except due to the negligence of Christian’s Bus Co. out of Christian’s Bus Co.’s use of the Vehicle) as and from the date when the Vehicle is collected from Christian’s Bus Co. and until the date that the Vehicle is returned to Christian’s Bus Co.;

    (b)all traffic infringements, speed/safety camera violations and/or any fines or offences (of any nature) which are imposed upon either the Vehicle or the Driver during the period from the date when the Vehicle is collected from Christian’s Bus Co. and until the date that the Vehicle is returned to Christian’s Bus Co.; and

    (c)all toll charges imposed on the Vehicle or the Driver of the Vehicle during the period from the date when the Vehicle is collected from Christian’s Bus Co. and until the date that the Vehicle is returned to Christian’s Bus Co.

  23. FEES
  24. (a)Unless specified otherwise, the Customer must pay on demand and in any event within 14 Business Days of receiving an invoice from Christian’s Bus Co.:

    (i)a security deposit of $160.00 per day of hire, unless the Customer has a credit account with Christian’s Bus Co.;

    (ii)all Fees specified on, and payable under the Booking. For the purpose of calculating distance charges under the Booking the total kilometres driven will be measured by the Vehicle’s odometer on the return of the Vehicle to Christian’s Bus Co.;

    (ii)any amounts payable in relation to any additional add-ons as agreed and as set out in the Booking;

    (iv)any amount payable by Christian’s Bus Co. or the Customer to any person arising out of the Customer’s use of the Vehicle or imposed on the Customer or Christian’s Bus Co. by any governmental or other authority including tolls, levies, charges, speeding, parking or traffic fines;

    (v)any amount for which the Customer is liable under the Booking, in respect of a breach of the Booking or otherwise.

    (b)Christian’s Bus Co. may in its sole discretion, require the Customer to make payment prior to collection of the Vehicle.

    (c)The Customer agrees to bear all costs incurred by Christian’s Bus Co. in collecting any overdue amounts, including collector agency fees and legal fees.

    (d)The Customer authorises Christian’s Bus Co. to deduct any charges or other amounts for which the Customer is liable under the Booking from any deposit paid on the return of the Vehicle by the Customer to Christian’s Bus Co.

    (e)If the Vehicle’s odometer or its housing has been tampered with, the full amount of the deposit will be forfeited to Christian’s Bus Co. without set off or deduction.

    (f)Christian’s Bus Co. will refund any excess amount to the Customer as soon as possible after the expiration of the Booking and in any case within 14 Business Days.

    (g)All charges, rates and fees payable by the Customer to Christian’s Bus Co. must be paid via credit card or electronic funds transfer to an account nominated by Christian’s Bus Co.

  25. DEFINITIONS AND INTERPRETATION
  26. Condition Report means the report signed by the Customer and Christian’s Bus Co. specifying the condition of the Vehicle at the time of the commencement of the Booking Term;

    Driver means the person or persons specified in the Booking as being authorised by the Customer and Christian’s Bus Co. to drive the Vehicle and who signs the Booking Confirmation;

    Driver Accreditation means the driver accreditation as issued by Commercial Passenger Vehicles Victoria;

    TSV means Transport Safety Victoria; and

    Vehicle means the motor vehicle which has a carrying capacity as specified in the Booking and which must not be greater than 24 passengers, and includes all keys, tools, spare wheels, street directories and other accessories and equipment.

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