Terms and conditions of Hire
In this agreement the following definitions apply unless the context requires otherwise
- “Administration Fee ”means 5% of the total hire charge.
- “Cancellation Fee”means the Hire Charge.
- “The Company” shall mean Elite Limousines, My Melbourne Limo , Diplomat Hire Cars, Diplomat Chauffeur Cars, Skylimos, DM Cabs PTY LTD
- “Employee” shall have the meaning of any employee of the company, not including any driver or chauffeur employed by the company
- “Hirer” shall be deemed to be the person who has signed the hire agreement/accepted these terms and conditions by phone recording and or the person responsible for the payment of the hire
- “Hire” shall mean the period for which the vehicle has been booked and reserved for.
- “Booking and Reservation” shall mean a period for which the hirer has committed to hire the vehicle by phone call or in writing and a booking fee has been paid or credit card has been used as security even if not charged.
- “Vehicle” shall mean any vehicle supplied by the company to the hirer
- “Booking Fee” shall mean the amount due under the terms of this agreement to secure a reservation and is the service fee charged for sourcing a vehicle
- “Balance” shall mean the amount due under the terms of this agreement, less any BOOKING FEE paid
- “Party” shall mean any person or persons accompanying the hirer in the hired vehicles
- “Chauffeur” shall mean the driver of the hired vehicle
- “Hire Charge” shall mean the amount due at any time under the terms of this agreement
- Bookings are not considered binding until the specifics have been confirmed by us via phone or email.
- To secure a Booking/s the Hirer must pay a sum equal to 50% of the total Hire Charge to the Company and is at all times a non-refundable BOOKING FEE, unless otherwise advised by the Company.
- Any outstanding Balance, if not paid in full prior to the scheduled date of the Booking is to be paid to the Chauffeur IN CASH, CARD, CAB CHARGE or as previously arranged on ACCOUNT on the commencement time of the Hire.
- The Hirer will be charged overtime rates/charges if the Booking/Hire time exceeds beyond the scheduled Hire/Booking and will be calculated and charged in 15 min increments plus a further Administration Fee will be automatically charged to the Hirer’s credit card if the Hirer has not paid the same to the Chauffeur at the conclusion of the Hire.
- One (1) hour notice of any cancellation is required or full quoted rate will be charged.
- In the end of the Hirer not being in attendance, full rate will be charged.
- If the Hirer wishes to amend the time or date or vehicle of a Booking/Hire the request must be in writing detailing the date, time or vehicle changes. An Administration Fee may be incurred and will be charged and is payable on the commencement of the Booking/Hire.
- The Company shall not be held responsible for any data entered into the Company’s booking system that is incorrect. Confirmation of Bookings shall be emailed to the email address provided by the Hirer at time of Booking and the Company shall not accept any liability should the Hirer fail to advise the Company of the incorrect information provided. It is the responsibility of the Hirer to ensure all details of the Booking are correct and that the Company is contacted within 24 hours of the Hirer making a Booking, by return email only in order to confirm the Booking or alternatively correct any errors or advise the Company of any changes to the Booking that are required.
- The Hirer accepts and acknowledges that the Company will not be held liable for any damages or losses that may be suffered/incurred by the Hirer as a result of the Vehicle failing to attend or failing to comply with the terms of the Hire at the location, time and date scheduled.
- The Company does not make or represent or make any guarantees and the Hirer accepts the Company is not making or representing any guarantees as to the terms of time, reliability of the Vehicle and events out of the direct control of the Chauffeur or the Company of the Hire.
- The Hirer agrees to accept full financial responsibility and unlimited liability for any damage caused to the Vehicle by the Hirer or any members of their/his/her Party. The Hirer shall accept full responsibility and liability to pay damages to the Company for the cost of repair of the damage, any loss of income on behalf of the Affiliate/Owner Driver and/or Company as a result of the damage plus a Sanitation fee of $250.00 and will be automatically charged to the Hirer’s credit card.
- The Company reserves the right to terminate the Booking/Hire if any illegal activity is undertaken by the Hirer and or Party while on charter and the Hirer agrees and acknowledges that the Company will retain all monies paid to it plus may seek payment from the Hirer for any damages, loss, costs or fees incurred as a result of the Hirer’s illegal activity and/or termination of Booking/Hire.
- The Company accepts no responsibility and shall not be held liable for any damages, losses or costs incurred/suffered as a result of any delays caused by unsafe road conditions (i.e. traffic, accidents, etc.) and delays caused by previous Bookings going overtime.
- The Company shall not be held responsible or liable for the safe retention of articles left in any Vehicle by the Hirer or Party. The Hirer accepts responsibility and liability on behalf of the Hirer’s Party for any losses property belonging the Company and Driver that is provided in a Vehicle which includes but is not limited to, glassware, CD’s, DVD’s, Video tapes etc.
- Vehicles cannot be loaded beyond legal seating capacity and the Driver and Company reserve the right to terminate the reservation should the Hirer insist to carry more passengers than the Vehicle is legally able. The conditions stipulated in Clause 13 hereof apply to this Clause 15.
- The Hirer shall be responsible for their own behaviour and the behaviour of their Party so as to ensure that they behave in an acceptable non-threatening and accommodating manner. The Hirer shall be responsible for the payment of any damage caused to the Vehicle or any property belonging to the Affiliate or driver owner howsoever caused as a result of their Party or themselves such as incitement or behaviour resulting in damage to the vehicle or its contents by a third party. The Hirer holds the Company harmless of any liability for any personal or material damages arising from the conduct of his or her party.
- The consumption of food is not permitted in any of the Vehicles unless a written agreement has been entered into at the time of the Booking.
- The Hirer accepts a no drinking policy for DEBUTANTE BALLS AND SCHOOL FORMALS
- It is a legal requirement that all passengers wear a seat belt where fitted whilst in the Vehicle. The Hirer agrees and specifically indemnify the Company and the Chauffeur against any fines imposed as a consequence of the passengers failing to comply with this legal requirement. Where the Hirer has asked for a child seat to be fitted, it is the responsibility of the Hirer to supply and ensure that the seat is correctly fitted before placing an infant into the seat.
- The Hirer accepts and agrees, except in cases of an emergency, that the Chauffeur may only open and close doors of the Vehicle. The Company will not be held responsible for accidents and/or damages caused to Vehicle/s, persons and property as a consequence of the Hirer and/or the Party opening and closing doors.
- Irresponsible behaviour which could give rise to or damage the Vehicle or endanger the safety of the other passengers will not be tolerated at any time by the Chauffeur or Company which includes negligent treatment of the Vehicle such as sitting on the exterior of the vehicle, hanging out of the windows, shouting abuse to other road users or pedestrians out of the window, rudeness or intolerance with the Chauffeur, misuse of the equipment, fixtures or consumable within the vehicle and wilful damage to the interior generally and such behaviour may, at the sole discretion of the Chauffeur, the Company or its employees result in the immediate termination of the Hire without compensation. In addition, the Hirer shall be held liable and responsible for any loss, howsoever caused, by the irresponsible behaviour, actions or negligence of his or her Party.
- The Hirer acknowledges that he/she indemnifies the Company and its employees against any loss, consequential or otherwise as a result, direct or indirect or otherwise of a failure to meet time deadlines. The Hirer accepts total responsibility to ensure that there is adequate time to travel to and from destinations required by the time deadline/s required. Any advice provided by the Company or its employees to the Hirer, is to be used only as a guide and the Hirer accepts this guide may be inaccurate due to unforeseen circumstances including, but not limited to, traffic conditions, poor weather, break downs and overtime, etc.
- The Hirer accepts that in car entertainment such as television screens, video and DVD equipment is provided as a courtesy and its use and/or availability does not form part of the Hire. In the event that any equipment fitted to the Vehicle malfunctions or is not in working order prior to or during the Hire, the Company shall hold no liability whatsoever and shall not be liable for the payment of any compensation for such instances, nor will the Company be held liable for claims for any form of refund or cause of action.
- The Company shall not be held liable for any claims, damages, compensation or loss that may arise as a result of the Hire of any nature whatsoever including any future claims that may arise as a result of a Hire.
- Where the Hirer is a Business or a company and the forgoing has had a representative make the booking of its behalf, the Business or company shall assume the liability of the Hirer and the representative shall be deemed bound to advise the Hirer and party of the terms and conditions for the Hire.
- The Hirer accepts all of the above-mentioned terms and conditions and in order to acknowledge acceptance of the terms and conditions herein, the Hirer shall supply a credit card or provide payment of a Booking Fee.
THE COMPANY its Operators and Licensees are insured for passenger travel. This insurance is for public liability and NOT travel insurance. Although every effort will be made to ensure the safe keeping of personal property, we do not accept liability for loss or damage of personal items. Please check that you have sufficient coverage for any personal property that are brought onto our vehicles.
Credit Card Transactions
If the transport or service is purchased with a credit card, purchaser agrees to make payment in full when billed or in extended payments in accordance with the standard policy of the issuer of the credit card.
Credit Card Surcharge
Credit card surcharges may apply at the discretion of The Company at which the service has taken place.
All rates are inclusive of GST and are charged either per hour, per vehicle, and for Direct Transfers unless fixed or other prices are quoted. Rates do not include: – ground transportation charges such as Airport parking, road & bridge tolls, telephone usage, baby seats, and entrance fees to tourist attractions or special requests. Credit card fees, booking fees and collection fees, may be incurred, check with The Company for further information.
Public Holiday & After-Hours Surcharges
Public Holiday Surcharge
Some surcharges may apply on public holidays, check with The Company when making bookings.
After Hours Surcharge
20% surcharge applies for all vehicle type bookings starting or ending between midnight (0001) and 4am (0400).
Multiple Pickup/Set Down
Additional charges will apply for all extra pickup/set downs required en-route unless already quoted.
WAITING TIME POLICY
Arriving Passengers at airports
Standard complimentary waiting time varies dependant on arriving terminal, however as a guide: – Domestic arrivals consist of 30 minutes complimentary waiting time, whilst International arrivals have 45 minutes. This may vary; however, the policy will be advised at the time of booking.
No extra charges are levied for flight delays.
For transfers to the airport, the complimentary waiting time allowance is 15 minutes from the booked pick up time. If the passenger makes the vehicle wait longer than 15 minutes, waiting time at the applicable booked vehicle hourly rate per 15 minutes (or part thereof) may apply.
Any changes/amendments to your booking after confirmation can only be accepted subject to availability. THE COMPANY its Operators and Licensees reserves the right to charge an amendment fee in respect of any change to your booking, in addition to any other applicable charges in relation to the amendment.
Cancellations will be accepted prior to booked pick-up time. A minimum charge of one hour will apply where:
- Cancellations are made with less than 1 hour’ notice prior to the dispatch of the vehicle for Sedans or People Movers within the metropolitan area, confirm with THE COMPANY.
- Cancellations are made between 1-4 hours prior to dispatch of vehicles on public holiday’s for Sedans or People Movers within the metropolitan area will be charged at 75% of the fare booked.
- Cancellations are made with less than 24 hours’ notice for small coaches (8 to 14 seats) and larger buses and stretch limousines.
- Or bookings where the passengers fail to arrive or make contact with the chauffeur or the local THE COMPANY.
- Cancellations for Weddings, School Formals and Special Occasions – refer to special terms and conditions.
Special Terms & Conditions
Either full payment or a deposit is required for Special Occasions such as but not limited to, Weddings, School Formals, Sporting Events and Concerts. If a deposit has been made, full payment is required either prior to or at the conclusion of the event. Surcharges may apply to such events.
Credit card details are required to secure all bookings.
In the event of extra charges or extensions (refer below) the passenger is to immediately pay the extra charge to the chauffeur either prior to or upon completion of transfer or the charges will be applied if a credit card is provided or the account for applicable bookings.
The hirer is responsible for any charges levied by THE COMPANY its Operators or Licensees in respect of extra time in the event that your booking does not run to schedule. This includes any extra charges levied where you choose to extend the duration of your booking and include charges for traffic delays.
Smoking in not permitted by law in the vehicle.
Pets are not permitted in the vehicles, with the exception of “guide or hearing dogs’’ and a blanket/mat must be provided by the passenger travelling.
Prices are current at the time of quotation and subject to availability at the time of booking. All quoted prices include GST. THE COMPANY its Operators & Licensees reserves the right to pass on, without notice, any increases that may occur in any applicable airport charges, road & bridge tolls, entry fees or parking charges. Airport delays on location waiting: in regard to airport pickups, THE COMPANY its Operators and Licensees will monitor all aircraft movements. If passengers are delayed after arriving at the terminal, additional fees may apply for each additional 15 minutes or part thereby.
THE COMPANY its Operators and Licensees reserves the right to use the services of other approved limousine/bus service providers as required. These operators will remain under the supervision of THE COMPANY its Operators and Licensees at all times although The Company shall not be liable for their actions, conduct or damages caused by them.
Child restraints – Baby Capsules & Child Seats
Children under the age of 8 years must be placed in a Baby Capsules or Child Seat by Australian Law.
Please be assured that THE COMPANY its Operators and Licensees will take every reasonable safeguard to achieve an on-time service, however in the unlikely event of our chauffeurs being late due to circumstances howsoever caused, no liability will be accepted by THE COMPANY its Operators and Licensees.
Our sedan’s maximum luggage limitations are two (2) normal sized suitcases (check in size for a plane) plus two (2) piece of hand luggage/soft luggage (carryon for a plane) or one (1) large suitcase plus one (1) set of Golf Clubs and one (1) soft luggage. Customers should consider booking a larger vehicle such as ‘People Mover’ 6 to 7 seats with trailer if they have more luggage than will fit in a sedan. Additional luggage transfer will incur further cost to the client, price on application at the time of a booking. No suitcases will be transported inside the passenger area of the vehicle due to transport regulations & safety concerns.
Lost & Found
THE COMPANY its Operators and Licensees will not assume liability for any lost or misplaced personal property. In the event the customer leaves personal items in the vehicle THE COMPANY its Operators and Licensees shall try to deliver any items back to the Customer at their expense or the item/s may be collected at a later date from The Company.
Our chauffeurs will at all times drive at safe and sensible speeds and in accordance with legal speed limits, traffic and current road conditions and furthermore the driver reserves the right to deny access to a venue they feel may put the passengers and vehicle in an unsafe situation.
Limits of Liabilities & Insurance
Maximum liability if accepted will be limited to a refund for the trip in question. All care will be taken, but no liability will be assumed. No claim for liquidated damages, consequential loss for any other costs will be assumed.
THE COMPANY its Operators and Licensees shall be under no liability whatsoever to the Customer for any indirect loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by THE COMPANY its Operators and Licensees of this contract.
THE COMPANY may be obliged to surrender your personal information to regulatory authorities and law enforcement officials in accordance with the applicable law. Personal information may also be disclosed to identify, contact or bring legal action against anyone damaging, injuring or interfering with our rights or property.
Prices and/or other inclusions:
The Company reserves the right to may amendment/ changes as they see fit either before, during or after that of a booking.
|All quoted prices include GST|
|$10 surcharge for baby seat request|
|20% surcharge for bookings starting or ending between midnight (0001) and 5am (0459)|
|$10 surcharge for special requests or specific driver|
|50% Loading for 7 Seater Viano|
|20% Loading for SUV Vehicle|
|Additional Costs for Airport Parking as follows:|
|0-30 Min $5.00|
|30-60 Min $10.00|
|1-3 Hours $30.00|
|City link Tolls|
|All tolls are included in the overall price quoted for the fare and are not separately charged|
|Waiting Time $2 per minute|
|Full Cancellation fee under 1 hour|
|75% Charge Base Fare if cancelled 1-4 hours prior to travel on public holidays within Metro Melbourne areas|
Please also note:
All figures quoted on this website are in Australian Dollars and are subject to the terms and conditions above and subject to change without notice. All online payments are processed by a third-party specialist supplier. This means that we never keep your payment details on our servers and they are protected by the highest level of security available. These terms and conditions should only be accepted by a person of 18 years or older, and the Credit Card Holder. The Company reserves the right to cancel the booking at any time, for any reason and limits its liability to the monies paid if it chooses to do so.
- Website Terms & Conditions
By accessing this web site, you are agreeing to be bound by these
web site Terms and Conditions of Use, all applicable laws and regulations,
and agree that you are responsible for compliance with any applicable local
laws. If you do not agree with any of these terms, you are prohibited from
using or accessing this site. The materials contained in this web site are
protected by applicable copyright and trade mark law.
- Use License
- Permission is granted to temporarily download one copy of the materials
(information or software) on THE COMPANY’s web site for personal,
non-commercial transitory viewing only. This is the grant of a license,
not a transfer of title, and under this license you may not:
- modifies or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
iii. attempt to decompile or reverse engineer any software contained on THE COMPANY’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfers the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by THE COMPANY at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- The materials on THE COMPANY’s web site are provided “as is”. THE COMPANY makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, THE COMPANY does not warrant or make any representations concerning the accuracy, likely results, orreliability of the use of the materials on its Internet web site or otherwise relating to such materialsor on any sites linked to this site.
In no event shall THE COMPANY or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on THE COMPANY’s Internet site, even if THE COMPANY or a THE COMPANY authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
- Revisions and Errata
The materials appearing on THE COMPANY’s web site could include technical, typographical, or photographic errors. THE COMPANY does not warrant that any of the materials on its web site are accurate, complete, or current. THE COMPANY may make changes to the materials contained on its web site at any time without notice. THE COMPANY does not, however, make any commitment to update the materials.
THE COMPANY has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by THE COMPANY of the site. Use of any such linked web site is at the user’s own risk.
- Governing Law
Any claim relating to THE COMPANY’s web site shall be governed by the laws of the State of Victoria, Australia without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Web Site.