Discover Newcastle Pty Ltd (DN)
In these Terms and Conditions:
Bookings means tours and/or transfers (as the context requires).
Client means the person who makes the booking and takes responsibility for all the other passengers in their party.
Tours mean the tour services provided to the clients and their passengers as agreed between DN and clients.
Transfers mean the transport provided to the clients and their passengers as agreed between DN and clients.
By making a Booking with DN, the Client (also referred to as ‘you’) agrees as follows:
When you make a Booking with DN the Client accepts these terms and conditions.
All fees DN quotes you are inclusive of the Australian Goods and Service Tax (GST).
a. You must make payment of all fees to DN in full at the time of making the Booking unless DN has agreed otherwise in writing.
b. The Client acknowledges that (1) DN is not required accepting any Booking for which payment of the fees has not been made in full; and (2) if the payment is not made by the Client in full at the time of the Booking, DN may in its absolute discretion cancel the Booking and/or accept other bookings which coincide with the timing of your Booking. The only time an exception applies to this condition is if other payment arrangements have been agreed by DN in writing to the Client.
The Client agrees as follows:
a. Transfers – In relation to Transfers, all transfer fees are strictly non-refundable. You can change your Transfer to another date (depending on availability) or transfer it to another party. To be eligible to do this, you must give DN at least 48 hours written notice prior to the date of your Transfer. If you do not give DN at least 48 hours prior written notice you will forfeit your Booking. Any change in the dates or transfer to another party is only valid for a period of 6 months from the date of the original Booking.
b. Tours – Cancellation of Tours by the Client must be done in writing to DN. If you cancel a Tour:
i. within 48 hours of your Booking time – You will forfeit your entire Booking fee and DN will retain all fees which have been paid by the Client;
ii. within 72 hours but no later than 48 hours prior to your Booking time – You will forfeit 50% of your entire booking fee and you authorise DN to deducted this amount from any fees which you have paid including a $10 administration fee;
iii. 72 hour or more prior to your Booking time – You will forfeit 20% of your entire Booking fee. You authorise DN to deduct this amount from any fees which you have paid including a $10 administration fee.
In the event that a Client has only paid a deposit and has not paid the full fee at the time of the cancellation, the Client will be liable to pay to DN 100% of the fee which DN is entitled to retain as a result of the cancellation as set out above.
5. Cleaning Fee
A $200 cleaning fee will be levied if the vehicle requires detailed cleaning due to the event of any spills, food or sickness. We will require an authorisation from you to secure this amount on your credit card. This amount will not be debited unless necessary to comply with this condition.
DN will endeavour to complete a Booking for the Client, from the pickup point detailed in the Booking at the time specified, with the minimum delay reasonably possible. However, DN will not have any liability to the Client for any loss suffered or costs or expenses incurred by the Client (whether directly or indirectly) as a result of such a delay or inability any other event which makes DN unable to provide the Booking provided that such a delay or event was caused or contributed to by circumstances beyond DN’s control which include, but are not restricted to the following:
a. any road closures or restricted access to the intended route chosen by the driver;
b. any delays as a result of weather conditions;
c. any unforeseen or unexpected events beyond the control of DN;
d. any unforeseen traffic or other delays including any breakdowns; and/or e. any other incidents beyond our control such as a car accident.
7. Flight delays
a. For Arriving Passengers – No extra charges will be charged by DN for flight delays or delays caused by airport customs & immigration clearances. While DN will take reasonable efforts to accommodate such delays, the Client acknowledges that DN may have other bookings which it must attend to. If this is the case, the Client and DN will liaise (to the extent possible) and DN will use its reasonable endeavours to arrange for the pick-up of the Client at its new arrival time provided that the proposed new time does not conflict with other business obligations and commitment of DN. If DN is unable to pick up the Client at the new time then the Client will forfeit the fee paid.
b. For Departing Passengers – It is the responsibility of the Client to inform DN if the air carrier has made changes to your flight times. If your flight is delayed or cancelled and DN is not informed, we will not be responsible for picking you up and a refund will not be given. However if we are informed of your delayed flight every effort will be made to accommodate you depending on the availability of the service at the new time. DN cannot be held responsible for passengers missing flights if traffic conditions vary due to congestion, road works or incidents.
a. DN hold adequate third party insurance coverage. However, we recommend that Clients take out their own travel insurance.
b. DN accepts no responsibility for loss or damage to luggage arising out of or in any way incidental to the service or the accommodation whether such loss or damage may be due to alleged negligence or misconduct of the part of the company, its employees or agents or otherwise.
c. DN accepts no responsibility should you not be present at the designated pickup and drop-off points for your Transfers. DN accepts no responsibility for valuables left in our vehicles.
a. DN reserves the right to refuse travel, or remove any Client from the vehicle, who is behaving in a disruptive, inappropriate or threatening manner even if you have a confirmed reservation. Smoking, the consumption of illicit/non-prescription drugs and/or alcohol is strictly prohibited on-board any DN vehicle. In the event of such removal your full fee will be forfeited and DN will not have any further liability to you.
b. In the event that a Client damages any property of DN or another passenger, whether wilfully, negligently or accidentally, the Client will be liable (on a written demand being issued by DN) to pay the reasonable costs of DN or the other passenger having such property repaired or replaced.
c. You indemnify and hold DN harmless from and against all losses, costs, damages, liabilities, expenses and claims incurred by DN and/or taken against DN by a third party arising out of or in connection with any breach of this agreement by you.
RESPONSIBILITY: DN only acts as agents for the passenger in making arrangements for tour activities, restaurants or any other service and does not assume any liability whatsoever for any injury, damage, death, loss, accidents, incidents or delay to any person or property due to an act of negligence of or default of any hotel, restaurant, company or person rendering any of the services included in the tour or by an act of God. DN will only work with companies that have public liability or vehicle insurance, as appropriate.