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Cancellation Protection with all New

bookings (effective 02/12/2021)

Includes cover for COVID-19 (see T&C's)

1300 565 091

Terms & Conditions (Supply Partner)


BUS HIRE COMPARISON PTY LTD

ABN: 51 638 081 188
ACN: 013442 473827649
52 O’Connel Street
Parramatta NSW 2150

In these terms and conditions, reference to “you” or “your” are references to the supply partner, its office holders, drivers and employees.

In these terms and conditions, reference to “us”, “we” or “our” are references to BUS HIRE COMPARISON PTY LTD and coachhire.com.au.

1. Definitions

Supply partner

is the individual, business, company, transporter, or carrier that offers or provides ground transport services for the physical movement of a person or people.

Customer

also referred to as the passenger, is the person who booked the charter service through our website, email or verbally over the phone.

Force majeure

is defined as an unforeseen legal or physical restraint because of war, terrorism, civil unrest, strikes, flood, fire and other abnormal extreme weather conditions as accepted by us, epidemics, pandemics, and acts of Government or regulatory authorities.  It is not an economical restraint.

2. Application of Terms and Conditions

2.1. You are offered to quote, a booking, access and use of our online portal and application subject to the following terms and conditions. By providing your quote, accepting a booking, accessing or using our online portal or application you accept that these terms and conditions will apply exclusively.

2.2. You acknowledge and agree we do not accept or agree to any other conditions, warranties and terms, and to the maximum extent permitted by law, you hereby expressly exclude all conditions, warranties and other terms.

2.3. These terms and conditions cannot be varied by any of our employees, agents or other personnel or representative. However, this does not affect our right to waive any enforcement of any term. A waiver on one occasion does not constitute a waiver on any other occasion.

3. Service Standards & Operational Matters

Registration

You agree to provide us your current legal trading name, Australian Business Number, Australian Company Number (if held), GST registration number, physical and postal address, email and phone contact details.

 

Withholding

You agree not withhold from us any information that may reasonably be relevant to your trading, accreditation, licencing, insurance, safety, vehicles or suitability to work with us.

 

Drivers Details

You agree to provide us the your drivers contact details for each journey booked, a minimum of 24 hours before the journey commences.

 

Driver Tracking

Your driver must click on the following link https://coachhire.com.au/driver_tracking and enter the job number as soon as they are en-route to the pickup point (i.e just left the depot, or finished a previous job), on all legs of the journey.

 

Legal Compliance

You certify and warrant you are legally able to operate in all the relevant states and territories, appropriately licenced, registered, vehicles insured and hold public liability insurance. You agree to provide us a current copy of the relevant documents.

 

Safety

You certify and warrant you will operate at all times in full compliance with all laws, health guidelines, and regulatory & safety obligations. Your drivers must be well-rested and well-briefed on the booking details, and be provided our contact details, and drive safely.

 

Quotes

You certify and warrant you will provide a service that meets all the requirements contained in the quote, including in the notes. You agree to provide all relevant information in the quote, including meals, accommodation, toll or other fees, so we can make an informed decision. You warrant you will not later rely on any information not contained to refuse a booked journey or attempt to charge additional fees.

 

Bookings

You certify and warrant you will carry out the service on time with correct type of vehicle, capacity specified, and quantity of vehicles required. You agree to read and comply with all notes contained within the booking. You will not alter any promised service contained in your quote without our express written permission.

 

Preplanning

You certify and warrant to undertake adequate preplanning and preparation of the journey, to ensure you arrive on time, and at the correct destination point. This includes adequate planning and review of travel conditions for any roadworks, obstructions, unsealed roads, weight restricted sections, narrow access point and any other unsuitable conditions for your vehicle.

 

Passengers

You certify and warrant that you take all appropriate and reasonable steps to protect the health, safety, and comfort of all our passengers.

 

Comfort

You expressly promise us a reasonable level of peace, comfort, relaxation and enjoyment in providing your transport services to us, free from interference, and in compliance with our terms and conditions.

 

Vehicles

You certify and warrant all vehicles are regularly serviced and maintained, cleaned and detailed, smoke-free, serviceable, roadworthy and without mechanical fault for each booking.

 

Air-conditioning

You certify and warrant the vehicle air-conditioning system is fully operational for each booking.

 

Signage

You must clearly display our logo on the front window of your vehicle in use for each booking, available here: Download

 

Driver Behaviour

Your driver must always dress cleanly, collared shirt and trousers short, with appropriate covered footwear, and non-offensive clothing. You must display high level of professionalism, courtesy, respect and be responsive to our customer and us, whilst refraining from any act that may unreasonably cause discomfort or distress in the circumstances.

 

Smoking

You agree not to smoke within at least 30 meters of the vehicle or customers, and be out of their view whilst smoking.

 

Bond

Where you require a bond from the customer, for any reason, this must be requested at the time of the quote. We will organise and pay the deposit on behalf of the customer or negotiate any other terms in agreement with yourself. You must not request a deposit directly from the customer without our prior approval and written permission.

 

On Site Time

You must ensure you arrive 15 minutes before the pick-up/departure time. This allows for parking, locating the customer, loading of any luggage, and boarding, ready to depart at the assigned time. This additional 15 minutes is included in our quote and booking and should be included in your fees and charges.

You agree to immediately notify the customer upon your arrival at the pick-up/departure location to enable a timely departure. If you are unable to make contact with the customer by the departure time, you must immediately contact us so we can make direct contact with the customer and provide you further instructions.

If you are delayed and not likely arrive at the on site time you must immediately contact us, but no later than the on site time, and inform us of the delay and new estimated time of arrival. Late arrival will result in compensation payable to us, as set out in the terms and conditions.

 

Late Customer

You must contact us at the time of the departure if the customer has not arrived, so we can immediately make direct contact with the customer and provide you further instructions. You must not leave within the booked period without contacting us and obtaining further instructions, or without our agreement. Failure to do so will result in us cancelling the booking, without payment and you will be required to refund all monies prepaid for the booking. You may be entitled to compensation if the customer arrives late and the booking continues, if agreed by us at the time, as set out in the terms and conditions.

 

Changes/Requests

If a customer makes a direct request to you for a change in the time, destination, kilometres or hours, and there is an increase in charges as a result, you must contact us immediately to obtain our agreement. If no agreement is immediately sought or obtained, then no additional charges will be paid by us under any circumstances.

If we need to make a change we will contact you and negotiate any additional charges before the journey commences, and agree to this in writing.

Where we or the customer provides additional information on the pick-up or drop-off location, within 1km, no additional fees or charges will be payable by us or the customer. This normally occurs where street access and parking are limited, and an alternative nearby location offers greater access in the circumstances.

You must comply with any reasonable request from the customer, such as adjusting the internal temperature, toilet/rest breaks, music volume. If you believe the requests are too demanding or can’t be accommodated, you must immediately contact us so we can speak with the customer and you about the issue in a timely manner.

 

Customer Behaviour

At any time the customers behaviour presents a risk to life or property, you must contact the police and seek urgent assistance, and file a report. You must, as soon as practical, contact us and provide us details of the incident, copy of police report, video, photographic, electronic and any other available evidence.

If the customers behaviour is not an immediate threat to life or property, you must immediately contact us to obtain assistance and instructions. We may attempt to resolve the matter between you and the customer, warn them of potential consequences if their conduct continues, negotiate a cash deposit paid to you for any continuation, or agree to terminate the booking.

 

Customer Damage

Where a customer has caused theft or damage to the vehicle, you must immediately contact us and provide all available photographic and other evidence, and 3 quotes for the repair or cleaning of the vehicle (where practical). We may assist you in attempting to negotiate and recover any monies due from the customer, or provide you their contact details to enable you to take legal action directly against the customer.

 

Sub-contracting

You agree not to sub-contract out any bookings with us, without our express written agreement.

 

Communication

You must communicate with us directly and timely as set out in these terms and conditions, and any other circumstances reasonably expected, at the earliest possible opportunity.

You must inform us if you reasonably believe that you cannot meet any of the terms and conditions, providing us reasonable notice in the circumstances or as required in these terms and conditions.

 

Lost Property

You must check the entire vehicle immediately after each journey ends, and notify the us immediately if any lost property if found.

 

Electronic Equipment

We highly recommend you install GPS tracking and video cameras on your vehicles as it provides factual evidence to support allegations of theft, damage and physical altercations which may support criminal and civil complaints, and entitle you to compensation from the customer.

 

Complaints

You certify and warrant that you will respond to complaints within 24 hours, providing all available evidence for our consideration. This includes driver statements, photos, video, police reports, vehicle tracking data and any other reasonably evidence. If you fail to respond within 24 hours, fail to cooperate, and fail to provide available evidence then the complaint will be upheld and compensation will be payable by you, as determined as set out in our terms and conditions.

4. Payment Terms

Unless agreed in writing by us you agree to post payments for all bookings, no later than 30 days after completion of the booking.

5. Additional Booking Fees & Charges

You agree not to charge any additional fees or charges without obtaining our prior written agreement. You agree we are not liable for any additional charges and fees unless we have provided our written agreement.

6. Knockback, Late, No Show & Cancellations

6.1 You knockback an accepted booking

Subject to clause 6.8, If you have accepted a booking and later withdraw or cancel your services, you are not entitled to any payment for the booking, and must return all prepaid monies for the booking and may be liable to pay us compensation as set out in these terms and conditions.

6.2 Your vehicle is late

  • If your vehicle is late, and you have informed us prior to the due on site time and kept us regularly informed, you may only be required to pay reduced compensation as set out in the terms and conditions.
  • If you failed to contact us before the due on site time, you will be subject to pay us a higher level of compensation as set out in the terms and conditions.
  • If your vehicle is more 30 minutes late from the booked on site time, and you failed to contact us, and we have been unable to contact you, you will be deemed a no show, and the leg of the journey or entire booking cancelled at our discretion. No money will be payable to you for the booking, and all prepaid monies must be refunded to us within 5 business days. You will be required to pay additional compensation as set out in the terms and conditions.

6.3 Your vehicle is a no show

If your vehicle is more than 45 minutes late, it is deemed a no show, and the leg of the journey or entire booking cancelled at our discretion. No money will be payable to you for the booking, and all prepaid monies must be refunded to us within 5 business days. You will be required to pay additional compensation as set out in the terms and conditions.

6.4 Unsuitable or incorrect vehicle

  • If your vehicle arrives and it is not the correct standard of vehicle, correct capacity or quantity of vehicles stipulated, the booking is deemed as a no show for your failure to meet your obligations under the terms and conditions.
  • If your vehicle arrives unclean, unserviceable, unroadworthy or with mechanical issues the booking is deemed as a no show for your failure to meet your obligations under the terms and conditions.
  • Where we agree to a cancellation due to a no show, you may be entitled to a 100% booking charge for the leg of the journey not taken.

6.5 Late customer or no show

  • If the customer is late or no show at the time of departure, you must contact us no later than the time of departure for further instructions, and your vehicle must continue to remain at our disposal and as directed, for the period of the original booking as charged. In these circumstances and where the booking continues you may be paid additional compensation as set out in the terms and conditions.
  • If you leave the pick-up location without contacting us or fail to obtain our agreement to leave, then you have cancelled your services for the entire booking. In the circumstances where you failed to contact us or obtain our agreement, you agree not to charge us for the booking and to refund all monies prepaid within 5 business days, and further agree to pay us compensation as set out in these terms and conditions.
  • We may at our discretion continue with the booking, and negotiate an agreed reduced compensation rate payable by you, but where no agreement is reached the booking won’t continue and the no show terms and conditions will apply.

6.6 Customer Behaviour

  • If you wish to cancel a booking or charge an additional fee to continue the booking, due to the customers behaviour, you must first contact us and obtain our agreement prior to cancelling the booking or charging any additional fees.
  • Where we agree to additional fees and charges, these will either be paid directly by the customer or by us, at our discretion.
  • Where we agree to the cancellation, you may be entitled to a 100% booking charge for the leg of the journey not taken.
  • Where you did not contact us, or did not obtain our agreement, and you cancel the journey or booking it will be deemed a no show, and you agree not to charge us for the booking and to refund all monies prepaid within 5 business days, and further agree to pay us compensation as set out in these terms and conditions

6.7 Where we cancel the booking

Subject to clause 6.8, 6.9 and 7, If we cancel a booking you may be entitled to compensation as set out in the terms and conditions. Where less than a 100% of booking compensation is payable to you, you must refund the difference back to us within 5 business days.

6.8 Force majeure event

A force majeure, as defined in the terms and conditions, is an event that directly hinders or prevents either you or us proceeding with the booking, and shall void the booking and performance requirement where reasonable notice is provided by you or us. Reasonable notice means written notification is provided within 48 hours of the event where we or you reasonably knew, or ought to have known, would likely hinder or prevent the booking. In these circumstances the booking is cancelled, no monies are due or payable for the booking, all prepaid monies are to be refunded, no cancellation fees or charges payable, and no compensation payable.

7. Non-compliance

7.1 You agree to fully comply with all the terms and conditions.

7.2 Where you fail to comply with any terms and conditions, we reserve the right to suspend your future services, excluding bookings already assigned to you at the time of suspension. Bookings already assigned to during the period of suspension will continue to be serviced by you and be paid for by us. During the suspension period you will not be able to quote for any new bookings.

7.3 Any serious or repeated breach of the terms and conditions may result in immediate termination of your services, and the removal of all future assigned bookings, without any penalty, cancellation fee or charges payable by us to you. All prepaid monies for future bookings must be refunded to us within 5 business days

7.4 Where you fail to fully comply with the terms and conditions you agree to pay compensation to us, as set out in these terms and conditions, and any other amount entitled under law.

8. Compensation

Issue Payable by Amount
Force majeure cancellation No one $0
Cancellation by us

As a result of serious or repeated breach of terms and conditions

In all other circumstances
73 hours+ notice
49-72 hours notice
24-48 hours notice
Less than 24 hours notice
Customer

$0


$0
50% of booking
75% of booking
100% of booking
Cancellation by you You The difference in cost for any alternative Supply Partner found to cover the booking; or
The difference in cost for alternative transport options only available at the time of cancellations; and
An amount equivalent to any other foreseeable economic loss incurred.
Late vehicle (due on site time)
Where you notified us before on site arrival time, and bookings continue:
0-15 minutes late
16-30 minutes late
31-45 minutes late
46-60 minutes late
61-75 minutes late
76+ minutes late
Where you failed to notify us before the on site arrival time, and bookings continue:
0-15 minutes late
16-30 minutes late
31-45 minutes late
46-60 minutes late
61-75 minutes late
76+ minutes late
Where the booking is 45+ minutes late and booking is cancelled at our discretion, it is deemed a no show:
You

$0
10% of booking
25% of booking
50% of booking
75% of booking
100% of booking


0%
10% of booking
30% of booking
55% of booking
80% of booking
100% of the booking
See ‘Vehicle no show’
Vehicle no show You The difference in cost for any alternative Supply Partner found to cover the booking; or
The difference in cost for alternative transport options only available at the time of cancellations; and
A goodwill payment equivalent to 25% of the quoted booking; and
An amount equivalent to any other foreseeable economic loss incurred.
Late customer (departure time)
Where you have contacted us at the due on site time, booking continues, and we have agreed:
0-15 minutes late
16-30 minutes late
31-45 minutes late
46-60 minutes late
61-90 minutes late
Customer


$0
$60
$90
$120
$150
Wrong vehicle standard, capacity, or quantity You The difference in cost for any alternative Supply Partner found to cover the booking; or
The difference in cost for alternative transport options only available at the time of cancellations.
AND
A goodwill payment equivalent to 25% of the quoted booking; and
An amount equivalent to any other foreseeable economic loss incurred.
Vehicle unclean, unserviceable, unroadworthy or with mechanical faults You The difference in cost for any alternative Supply Partner found to cover the booking; or
The difference in cost for alternative transport options only available at the time of cancellations.
AND
A goodwill payment equivalent to 25% of the quoted booking; and
An amount equivalent to any other foreseeable economic loss incurred.
Loss of potential earnings You An amount up to $10,000,000.00
Non-economic loss You An amount up to 5 x the quoted booking price.

9. Refunds

You are required to refund any monies to us within 5 business day, unless otherwise agreed with us in writing. We may, at our discretion, agree to reduce future payments to you over a period, to the value of the refund owed until it is recovered.

10. Limit of Liability

  • You agree we hold no liability where indemnity exists, and where it does not for any reason, then liability is subject to agreed limits.
  • You agree to take all reasonable steps to mitigate any foreseeable loss, within a reasonable period and to the maximum extent possible in the circumstances. You also agree to reasonably inform us so we may take reasonable and timely steps to mitigate our loss. Where you have failed to reasonably do so, you waive your rights to any liability against us in full.
  • To the maximum extent possible under law, you agree to limit any liability against us, to 100% of your quoted price for a booking it pertains to, and where it does not pertain to any booking you agree to limit liability to a maximum of $200.
  • You agree where you have not fully complied with the terms and conditions, that may relate directly or indirectly to your claim for liability, any liability will be further reduced by 75%.

11. Indemnity

  • You agree to indemnify us against any customer or third party’s claim for economic or non-economic loss, compensation, or legal proceedings where you were not in full compliance with our terms and conditions leading up to or at the time when the loss occurred.
  • You agree to indemnify us against any claim where you may or have suffered economic or non-economic loss as a result of the customer’s conduct, negligence or otherwise.
  • You agree we do not express or imply any level of peace, comfort, enjoyment or relaxation to you in the engagement or use of our services.

12. Legal Matters

You agree to provide us with any and all material support to prosecute or defend any civil or criminal matter, related directly or indirectly to you and us. You agree to fully cooperate and not hinder us in any way.

13. Disrepute

You agree not to do or say anything that you reasonably know, or ought to reasonably know, may bring us or our reputation into disrepute. You further agree not to encourage or induce others to do the same. You agree this clause survives the suspension or termination of our working relationship with you.

14. Non-Disparagement

You agree you will not make, or induce and encourage others to make, any disparaging or defamatory comments about us, our staff, our office holders or CEO. You agree this clause survives the suspension or termination of our working relationship with you.

15. Non-solicitation Agreement

You agree not to encourage or solicit, or induce others to encourage or solicit, any customer or supply partner to leave or terminate its relationship with us for any reason. You agree this clause survives 1 year after the last quote or booking you have performed with us, or the last time you accessed our online portal or application, whichever is the later. Where we have evidence to the contrary you will be liable to pay us compensation as set out in the terms and conditions under loss of potential earnings.

16. Our Proprietary Information

You agree to only access and use our proprietary information whilst your account is enabled, and under no circumstances are you to retain or use any of our proprietary information for potential financial gain or other benefit without our direct written permission, expressly setting out the information and the extent of the authority. You agree this clause survives the suspension or termination of our working relationship with you. Where we have evidence to the contrary you will be liable to pay us compensation as set out in the terms and conditions under loss of potential earnings.

Company Proprietary Information means any information, data, computer software, invention, design, idea, concept, specification, formula, device, equipment, plan, process, document or material, whether tangible or intangible (including without limitation information relating to marketing strategies or plans, pricing policies or plans, proposals, lists of customers or clients and any other information that, in any way whatsoever, pertains to marketing or sales), which is a trade secret or proprietary in nature and which: (i) belongs to or is in our possession; or (ii) is learned or developed, in whole or in part, by you or otherwise comes into your possession, control or knowledge in connection with, or arising out of your work with us.

17. Severability

If a clause of these terms and conditions is or found to be illegal, unenforceable, or invalid in any jurisdiction, it shall not affect (1) the enforceability or validity in that jurisdiction of any other clause of these terms and conditions, or (2) the enforceability or validity in other jurisdictions of that or any other clause of these terms and conditions.

18. Call Recording

You acknowledge and agree that our calls with you will be recorded, without any warning tone or notification during the calls.

19. Privacy Policy

We collect, store and use your information according to our Privacy Policy, which can be found here: https://coachhire.com.au/privacy

20. Jurisdiction

These terms and conditions are governed by the laws of New South Whales, and you agree to submit the non-exclusive jurisdiction of the courts of that state.

21. Contact Us

Emergency 24-hour contact number: 0283784234

Operations Team - about a booking or to make a notification

Phone: 0280734611

Email: operations@coachhire.com.au

Supply Partner Team - questions about the terms and conditions

Phone: 1300 565 091

Email: support@coachhire.com.au

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