Terms and conditions.
By placing a booking with BusHire.co.nz, the Customer acknowledges that they have read, understood and agree to accept the Terms and Conditions as detailed below.
Where the Customer is an individual, no part of these Terms and Conditions affects your rights as a consumer. These Terms and Conditions are in addition to your rights as a consumer.
In the following terms and conditions, ‘the Company’ refers to BusHire.co.nz, its subsidiaries, brands or identities under which the company may trade, ‘the Customer’ and/or ‘the Hirer’ refers to the person and/or organisation making the booking and ‘the Driver’ refers to the driver or drivers of the coach, the coach operator or supplier of the vehicle.
The Company provides a transport booking and management service, working closely with operators. The Company manages the booking process, allocation of bookings to service operators, and the overall quality of the service provided to customers. Service operators are responsible for providing vehicles and drivers fully compliant with the terms of their operating license and with the Company’s service quality standards.
1.Application
These Standard Terms and Conditions shall apply whether the agreement is verbal or written and shall enter into force immediately upon the Company accepting a booking via the Company’s Transporters.io booking system. The Hirer shall at all times remain solely responsible for the acts and/or omissions of the passengers permitted to travel by Hirer (whether directly or indirectly) and therefore any additional costs incurred by the Company during the performance of the contract shall be borne by the Hirer irrespective of whether the Hirer travels.
2.Pricing and Quotations
All prices are valid for a period of 7 days from the date of issue, subject to vehicle availability and can be withdrawn or varied without notice. Price changes may occur due to reasons outside our control which increase the cost of the product or service.
Where an obvious error has occurred with the quoted/accepted price, we reserve the right to advise the customer of the error and provide an amended price for the journey and void the quote or confirmed booking.
3.Payment
A 20% deposit is required immediately upon booking to secure your order.
If the departure date of your journey is within 7 days of the booking date, the full amount is required.
Where a deposit has been paid to the Company by the Hirer, the remaining amount is due 7 days prior to the first departure date.
If the Hirer is unable to meet these terms, a payment arrangement can be requested in writing.
In the event that any payment is not made by the due date, the Company reserves the right to cancel the booking and any monies paid will be forfeited and if necessary collect the monies due from the original credit/debit card used by or for the hirer at any time. In addition, the Company can no longer guarantee the quoted price.
All bookings made using credit or debit cards will incur a processing fee. All international bank transfers may incur a bank fee, it is the responsibility of the Hirer to cover this fee. The Hirer agrees that no chargeback will be raised to any credit/debit card issuing company with regards to the booking payment.
Split The Bill
- A 20% deposit is still required upon confirming to secure your booking.
- There is a maximum of ten people that the bill can be split between.
- This feature is only available for booking amounts above $20.00.
- It is the sole responsibility of the hirer to ensure each person has paid all monies by the due date.
- The full name and email address are required for each person that the bill will be split with.
- This feature is only available via the online customer booking system.
4.Booking Confirmations and Amendments
It is the responsibility of the Customer to check the Booking Confirmation for its accuracy and completeness, any discrepancies found in the Booking Confirmation should be communicated to the Company as a matter of urgency.
If a Customer requires an amendment to their Booking, the amendment will only be considered as implemented when the Customer has it confirmed in writing and the Company has acknowledged said amendment with a new Booking Confirmation.
If an updated Booking Confirmation has not been received by the Customer with the updated details the Customer will be subject to the terms of the original Booking Confirmation.
It is the Customer’s responsibility to ensure that all trip details are complete and correct and at no time should verbal amendments be considered as confirmation of a change to an existing booking. Depending on the nature of the booking amendment, additional charges may be required.
No amendment can be agreed with the Driver and the Driver does not have the authority to bind the Company in any manner whatsoever.
5.Complaints and Issues
Any complaints must be made in writing in a speedy and timely manner, the Company will be unable to accept any complaints or apply compensation for complaints received more than 30 days after the date of travel. Any remedies or compensatory measures offered (if any) by the Company are at the strict discretion of the management of the Company. The Hirer also agrees that in the event of a dispute arising from a booking, a chargeback request will not be raised through the card issuer or bank.
Any complaints regarding the condition of the vehicle supplied or its facilities should be supported by photographic evidence.
6.Additional Charges and Surcharges
Unless it has been agreed otherwise, the hire price will not include tickets, admission charges, ferries, road tolls, entry fees or parking. However, the Company may make these arrangements, on request, on the Customer’s behalf and would do so acting as an agent for the Customer. This means that any terms and conditions applicable to that transaction by that supplier (i.e. those relating to payment, cancellation, refunds etc.) would be as binding on the Customer as if they had made these arrangements directly. The Company will not enter into any arrangement on the Customer’s behalf until payment from the Customer to the Company has been made.
Bonds: The Company may charge a refundable bond for hires it deems to be at risk of additional charges and or damages. Examples: Weddings, Inbound overseas customers, Late night and/or party related hires, etc.
Irrespective of clause 4 above, should the customer instruct the Driver to, or otherwise make changes to the booking and these changes incur additional costs and charges, either before or during the booking, the Customer accepts full liability for said charges.
Should the Customer be late for any pickup as set out in the Booking Confirmation the Hirer will be liable for any additional costs incurred by the Company in providing the Service including, without limitation, the costs of obtaining a replacement vehicle or service if the original becomes unavailable, and obtaining additional Drivers.
Overtime charges:
- If the vehicle departs within 10 minutes of the scheduled/confirmed pickup time no overtime charges will be levied.
- Any departures that take place 10 minutes or later than the scheduled/confirmed pickup time overtime charges may be levied (from the scheduled/confirmed pickup time) at the following rate of $41.25 inc GST per 15 mins ($165 inc GST per hour).
- It is NOT the responsibility of the driver or Company to inform or warn you or your group of any impending charges including overtime, damage, or extra kilometres, etc, regardless of the circumstances on the day of your journey. It is your responsibility to manage your group’s requirements on the day and be aware of any extra charges that could be incurred.
- Should the Customer not have arrived for the departure, the Company shall be relieved of any obligation to provide the service and shall have no liability to the Customer for any costs incurred by the Customer in completing their journey. Notwithstanding the foregoing, the Company shall use reasonable endeavours to complete the journey at full cost to the Customer.
- If there are extensive delays to the departure times, the Company cannot guarantee that it will be able to fulfill the booking if vehicles are committed to other charters.
The Company reserves the right to charge for cleaning fees and damages to vehicles made by the hirer and/or the passengers. Monies will be collected from the Hirer.
In addition, if actions by the hirer and/or the passengers mean that an upcoming journey is affected the hirer is liable for all costs involved. E.g. If the vehicle is soiled by the hirer and/or the passengers and another vehicle is required to cover the following booking, then the party responsible is liable for the cost of the new driver and vehicle in addition to the cleaning fee.
For some journeys, it may be necessary to accommodate the Driver, these costs will be borne by the Hirer and will be paid in advance of the journey’s commencement. Where Driver’s accommodation is arranged by the client, it must be a single occupancy room of a minimum 3.5 star standard with a private bathroom and room for the vehicle to park. Driver meals are $20 per driver/per meal, three meals per day on multi day journeys.
Any taxes or charges imposed by any Government or other authority which the Company is obliged to pay in order to fulfil the booking will normally be included in the quotation or confirmed booking price. However, if any such tax or charge is introduced or increased after the booking has been made and before travel, the Company will pass that cost onto the Customer and the Customer will be obliged to pay it prior to departure. Failure to make such requested payment will be regarded as cancellation by Hirer and subject to the provision of clause 14 below.
7.Use of the Vehicle
The Hirer cannot assume the use of the vehicle between outward and return journeys nor will the vehicle remain at the destination for the Hirer’s sole use unless this has been expressly agreed in writing by the Company.
8.Breakdown or Delay
The Company may give advice on journey times in good faith, but cannot guarantee that the journey is completed by a specific time and cannot accept any responsibility or liability whatsoever for traffic congestion, road accidents, adverse weather conditions, compliance with requests of the police, diesel particulate filter regeneration, customs or other government officials and security services or other matters outside its reasonable control and will not be liable for any inconvenience or financial loss incurred caused by a breakdown or unforeseen delay be that en-route to pick up the Hirer or en-route to the booking destination as a result.
It is strongly recommended that the Hirer should consider insuring against this risk if journey times are particularly crucial, for example for the commencement of an event.
9.Route
Unless the hirer has advised of a particular route and specified it at the time of booking, the route taken will be entirely at the discretion of the Company or Driver according to road, traffic and weather conditions at the time of travel. The vehicle will depart at the times agreed by the Hirer at the time of the Booking Confirmation; no price discount shall be given if the route chosen is not actually the shortest.
All pick-up and drop-off locations and routes of travel must be legal points for embarkation and disembarkation and suitable for the vehicle utilised. Where that is not the case, the driver will advise the client of the nearest pick-up or drop-off location that meets this requirement, or take the route of travel required to meet this requirement.
Stops will be made at suitable points to satisfy legal requirements regarding breaks and rest for Drivers. It is the Hirers’ responsibility to account for all passengers at those times. The Company cannot accept liability for any losses incurred by passengers who fail to adhere to the Hirers’ instructions.
Any changes requested to the route by the Customer shall be at the Driver’s sole discretion and the Driver may charge an additional fee if additional drop-off points are requested and agreed by the Driver.
10.Change of Vehicle
The Company reserves the right to subcontract to another operator to perform the hire or to supply replacement vehicles. If for operational reasons the Company is compelled to supply a larger vehicle than required this will be at no extra charge (unless the number of passengers is increased from the original booking).
11.Passenger Numbers
The vehicle supplied by the Company will take account the number of passengers specified at the booking time. The Customer must ensure they specify the correct information at the time of the booking and inform the Company as soon as possible if there are any changes.
12.Property & Baggage
The vehicles are subject to statutory safety restrictions on the carriage of luggage and the Driver has sole authority to decide whether the property is suitable to be carried on that vehicle.
Our Baggage allowance policy is mandatory, for your safety and to meet legal requirements in the safe transfer of passengers.
When the vehicle is fully occupied each passenger may carry:
- One soft sided overnight bag or suit sack, weighing no more than 5 – 10 Kgs.
- One of either briefcase / laptop / camera bag / normal sized handbag or similar baggage normally cannot be carried in the cabin, apart from small personal items such as moderately sized briefcases, laptops, handbags or similar capable of being placed beneath your legs in your seated position during the journey or at the direction of the driver.
- All items must be capable of being stowed in the baggage holds or being placed beneath your legs in your seated position, unless they can be secured into unoccupied passenger seats.
When the vehicle is not fully occupied, spare seats may be utilised for extra baggage, provided that it can be secured by the seat belt.
When making a booking it is important for the passengers to specify their proposed needs, and for you to discuss them with us. We will advise you of feasibility, and work out a solution with you. Without this process, you run the risk of the Operator(s) being put in the position of having to reject items at the point of departure. The Operator(s) is/are responsible for your safety at all times.
Should you arrive with more than that specified in the booking, there is a real chance that we will not be able carry it without offloading passengers or passenger luggage.
Whilst The Company will take all reasonable care with passenger’s property it cannot accept liability for any damage to, or loss of that property being carried on the vehicle and the Company strongly recommends that no valuables should be left on the vehicle at any time, even if that vehicle is locked.
13.Cancellation by Hirer
Any cancellation requests must be acknowledged by us via reply email from one of our representatives. You must email your cancellation request through and ensure that you receive a reply email from us confirming that your journey is cancelled. We will accept no responsibility for cancellation requests made via phone, message service or email that has not been acknowledged by the Company.
Should the Hirer wish to cancel a booking, the following cancellation terms shall apply:
- 20% of the total booking amount if you cancel for any reason (this is the non-refundable deposit).
- 25% of the total booking amount if cancelled with 7 days notice of your first journey (business days only) but not less than 96 business hours.
- 50% of the total booking amount if cancelled with less than 96 hours notice (business days only) of your first journey but not less than 48 hours
- 100% of the total booking amount if cancelled with less than 48 hours notice (business days only) of your first journey.
Cancellation of an event or holiday or “reason for travel” does not affect the Hirer’s liability for the above cancellation fees and the monies will be due.
Should the Customer not have paid the amount set out above at the time of cancellation the balance shall become due immediately and shall be a debt owed to the company. The Company may, at its sole discretion, engage the services of a debt collection agency to recover any unpaid amount together with interest and any debt collection charges. The Company also reserves the right to automatically charge your credit or debit card.
14.Cancellation by the Company
In the event that the Company is unable to provide a vehicle or vehicles to meet all or part of the Customer’s booked requirements due to reasons of emergency, vehicle unavailability, or other reason, the Company will take all reasonable measures to provide a replacement or alternative solution.
If this is not possible, the Company retains the right to return all monies paid and, without liability, cancel the booking providing the Customer with as much notice as possible.
In such circumstances, the Company shall have no liability for any inconvenience or loss incurred and will not be liable for any direct or consequential costs howsoever arising. It is strongly recommended that the Customer should consider insuring against this risk.
15.Vehicle Photographs
On request the Company can provide an indicative photograph of the type of vehicle being supplied. The photograph supplied is illustrative only and may be a different make/model with different livery and appearance to that actually supplied to the booking.
16.Purpose of Journey
The Company must be notified of the purpose of your journey, including but not limited to bookings for sporting events, music festivals or political demonstrations and rallies at the time of booking. There may be specific legal or other requirements that could affect the booking.
Failure to notify the Company correctly of the nature of the journey will be construed as breach of contract and at the Company’s absolute discretion may lead to termination of the booking without compensation or refund.
17.Force Majeure
Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its reasonable control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections, strikes, pandemics, including, without limitation, failure of suppliers, subcontractors, and carriers, bad weather, and/or any other cause beyond the reasonable control of the party whose performance is affected to substantially meet its performance obligations under this Agreement.
18.Driver’s Hours
Driver’s Hours (Fatigue Management) and rest periods are strictly regulated by New Zealand government law and the Hirer accepts responsibility for timings agreed at confirmation of booking. The Hirer accepts that neither they nor their passengers shall delay or interrupt the journey in such a way as to cause the Driver to breach Drivers Hours regulations and must adhere strictly to all collection times contained in the Booking Confirmation. If any breach is likely to occur the hirer agrees to pay any additional costs incurred.
If delays occur for whatever reason, the Company may take whatever action is deemed necessary for the Vehicle in order to comply with the law. Where delays do occur the Company cannot be held responsible for any losses arising as a result of those delays or non-performance of the services unless they are due solely to the negligence of the Company.
19.Passenger Conduct
It is incumbent upon the Hirer and the Hirer’s party to behave in a proper manner for the duration of their journey. The Driver is responsible for the safety of the vehicle and as such may refuse to allow a passenger or passengers to board the vehicle or eject them from the vehicle if, in the Driver’s sole discretion, the passenger is considered unfit to travel for whatever reason (for example, being intoxicated, aggressive or abusive). The Driver may refuse to continue a journey if, in the Driver’s sole discretion, considers any passenger to be behaving in such a way that may compromise the safety of other persons, the contents of the vehicle or the vehicle itself.
In such event, at the Driver’s sole discretion, the journey may continue once the passenger or passengers have been removed from the vehicle, but should passenger conduct result in summary termination of the journey, the company reserves the right to cancel any other parts of a booking, and in such circumstances the forfeiture of any monies paid, and no claims for compensation or refund in either whole or part shall be considered.
Any damage caused to the vehicle by the Hirer or any of the passengers shall be the responsibility of the Hirer and the Hirer shall be liable for all costs related.
20.Alcohol, Tobacco or Drug Consumption
No open alcohol or glass products are allowed in the vehicle at any time.
All vehicles are strictly non-smoking by law.
Non-compliance with a Driver’s request for passengers to refrain from drinking alcohol, the smoking of tobacco or consumption of illegal narcotics may result in summary termination of the journey, cancellation of any other parts of a booking and, in such circumstances, the Hirer shall remain liable for any sums due under this Agreement and the Company shall have no liability to the Hirer and no refunds shall be provided.
21.Animals
With the specific exception of recognised assistance dogs, (which includes guide dogs), no animals are permitted to be carried on any vehicle booked under the terms of this agreement, unless specific permission has been obtained in writing from the Company prior to the commencement of any journey.
The inclusion of this clause should not be taken to imply that permission will be given for the carriage of animals other than recognised assistance dogs, and specific requirements may be given with regards to restraint of aforesaid animals to ensure safe transit of any animals for which permission is given. Failure to comply with any reasonable requirements may result in summary termination of the journey, removal of the animal from the vehicle and additional charges for any damages or mess left in the vehicle.
A recognised assistance dog is one that has been specifically trained to assist a disabled person and that meets the accredited membership criteria of Assistance Dogs International/ANZAD, or other such bodies as may from time to time be recognised. An assistance dog trained by a member of Assistance Dogs International will have formal identification. Accredited New Zealand assistance dog organisations can be found at the website address:
http://www.assistancedogsinternational.org.
22.Limitation of liability
Subject to the remaining provisions of this clause, the Company’s liability to the Hirer under or in connection with this Agreement for all and any direct loss or damage arising from any one incident or series of connected incidents is limited to the booking value (excluding any additional Charges arising by way of clause 6.
Neither the Company nor the Hirer excludes or restricts in any way its liability under or in connection with this Agreement for death or personal injury caused by its negligence or to any extent not permitted by law.
The Company shall not be liable to the Hirer (whether in contract, tort, under statute, for misrepresentation or otherwise including in each case negligence) and whether or not the Hirer was advised in advance of the possibility of such loss or damage, for:
- any of the following types of loss or damage whether direct, indirect or consequential howsoever arising under or in connection with this Agreement or any part of it: loss of profit, loss of revenue, loss of anticipated savings, loss of opportunity, loss of business, wasted expenditure, loss from business interruption, loss or destruction of data, loss of contracts, loss from expenditure of time by managers and employees, liability to third parties, pecuniary losses arising from goodwill, or loss of or damage to goodwill; or
- any indirect or consequential losses whatsoever.
Nothing in this clause or in this Agreement excludes or limits the Customer’s liability to pay (without set off) the charges or any Additional Charges.
23.Enforceability
If any provision or term of these Terms and Conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be deleted but all other terms will remain valid.
24.Governing Law
These terms and Conditions together with any Booking Confirmation shall be subject to and construed in accordance with the laws of New Zealand.
25.Covid-19
It is the responsibility of the Hirer to ensure all government laws, signage displayed, requests by the Driver or Company and all procedures related to Covid-19 are adhered to. The Driver and Company reserve the right to refuse entry or terminate a charter if any passengers are exhibiting symptoms associated with COVID-19 and will not be liable for any costs associated with this.
We will require a passenger manifest with each passenger’s full name and contact number prior to your departure in writing.
Where we have transported a passenger who becomes infected with Covid-19, the Hirer is responsible for notifying the Company immediately.