Wicked Party Bus Terms & Conditions

Terms & Conditions

  1. DEFINITIONS AND INTERPRETATIONS

These terms and conditions of booking set out our obligations and your commitments to us when you make a booking with us.  These together with the information contained in the booking confirmation is the basis of our contract with you.  It is important that you read through the terms and conditions before you book.  It is important to understand these terms and conditions apply for all bookings with us whether you have chosen to read them or not and are applicable to all members of your group.

Associated Entities means Wicked Hens Pty Ltd, Wicked Bucks Pty Ltd, Wicked Stag Pty Ltd, Wicked Club Crawl Pty Ltd, Wicked Event Management Pty Ltd and any other entity associated now or in the future with Wicked Party Tours.

Border Closures means the complete or partial closure of the border of the State or Territory in which your booking is to take place, at the time your booking is to take place, so as to restrain or restrict the entry into that State or Territory by persons from another State or Territory.

Government Restrictions means a public health directive legally issued by the government of a particular State or Territory in which your booking is to take place, at the time your booking is to take place, that imposes restrictions on the manner or level at which certain activities relating to your booking can take place.

Hire means the hire of our vehicles, booked through us in accordance with this agreement or any other agreement between you and us.

Holding Fee means a fee paid by you to us that is non-refundable and non-transferable, to reserve a place for the booking with us, prior to making full payment for the booking. The Holding Fee is in addition to the full cost of the hire, and constitutes an administrative cost incurred by us for reserving the booking.

In writing means by facsimile, email or letter.

Organiser means the person who makes the booking on behalf of the entity named on the Booking Confirmation and who will be our point of contact (and any substitute for this person).

Supplier means a third party that is the owner and/or manager of services, facilities, venues, activities or transportation arranged for the booking.

We, us and our are references to Wicked Party Tours, and includes references to associated entities and third party suppliers.

You, Your or Party are references to the entity named on the booking form.

  1. GENERAL
    1. In attending a tour or event with us, you must abide with current State, Territory and Federal COVID safe requirements. You must abide with COVID safe requirements of each venue on a tour or event. You must abide with our COVID safe requirements, and comply with any instructions provided whilst on a tour or event with us. A failure to abide by any COVID safe requirements will mean your immediate expulsion from the tour or event. You will not be offered a refund if this occurs.
    1. To make a booking with us, you must pay a Holding Fee as specified by your consultant.  By placing this Holding Fee you confirm the accuracy of all information you have provided and accept these terms and conditions on behalf of yourself and any other persons taking part in the hire.
    1. The agreement between yourself and us only comes into existence once your booking has been formally acknowledged in writing via email, letter or fax by us. The terms and conditions constitute the entire agreement between you and us. Booking via telephone or email constitutes an acceptance by you of our terms and conditions. You accept that the organiser or group leader has the authority to deal with us on behalf of each person who will be taking part in the hire.  
    1. You must check all documents which we send to you and contact us at once if any information appearing on the booking confirmation or any other document appears to be inaccurate or incomplete.
  1. PAYMENTS TO US
    1. You are responsible for a reservation and for ensuring that all monies due for a booking are collected and paid for on time and that everyone taking part in the hire is aware of the terms and conditions.  You assume all responsibility to settle the balance of the invoice for a confirmed booking before the final balance due date.
    1. A Holding Fee of $250.00 is payable upon booking confirmation, activities will not be confirmed until the Holding Fee has been received.  The Holding Fee is for services rendered in taking the booking, and is non-refundable and non-transferable; however we will try to accommodate transfer requests.   
    1. A bond of [$500] is also payable upon booking confirmation. This will be refunded after an inspection following the booking has occurred, on confirmation that there is no damage to the vehicle.
    1. The final balance for the booking must be settled three (3) weeks prior to the hire commencement date unless otherwise specified in writing by us. 
    1. Any booking made within three (3) weeks of the hire commencement date will require full payment at the time of booking unless otherwise agreed in writing by us.
    1. No documents relevant to the booking will be dispatched until the booking has been fully paid.
    1. Your booking may be cancelled if full payment is not received by the due date and any payments already made will be deemed non-refundable.
    1. Additional charges will apply to any changes made to your booking. If you extend the booking time or the distance travelled, then additional charges will apply. 
    1. If you exceed the period for the hire that you have booked, then an additional hire fee of $50.00 per thirty (30) minutes shall be payable by you.
  1. CHANGES BY YOU
    1. All changes must be requested in writing.  We will make every effort to accommodate your changes but may not always be able to do so.  
    1. Please be aware that your hire time commences from the time that we collect you from your first pick-up point. If you wish to add additional hire time or distance after the final payment date, then this will be subject to our availability, and will incur additional charges. 
    1. Any date or time change is subject to availability.
    1. If you cancel your booking with us four (4) or more weeks prior to your booking time and date, then the Holding Fee is non-refundable. We will refund the balance of any additional moneys paid by you, other than the Holding Fee.
    1. If you cancel your booking with us four (4) weeks or less prior to your booking time and date, then we do not provide any refund. This is because our Suppliers require payment in advance.
  1. CHANGES BY US
    1. If we have to make a significant change to your hire at any time we will inform you as soon as possible.
    1. We reserve the right at any time to cancel or change any hire made, and to substitute alternative hire, without accepting liability, particular in the case of, but not limited to, mechanical breakdown or accident. 
    1. We reserve the right to cancel any booking (before the commencement time and date of the booking), due to force of nature, health concerns or any other reason outside of our control that we, in our absolute discretion, may determine. Force of nature events include (but are not limited to) war or threat of war, riot, civil strife or unrest, act of god, strikes, pandemic, industrial dispute, terrorist activity, natural or nuclear disaster, fire, pandemic, adverse weather conditions, technical or maintenance problems with transport, changes imposed by rescheduling or cancellation of flight or transport by airline or road traffic conditions, or any other event that is beyond the reasonable control of us. If we cancel or reschedule any booking due to force of nature, then a credit will be applied to your hire.
  1. CANCELLATION
    1. Cancellation of the booking can only be accepted if made in writing by you and will only be considered cancelled when written notice is received.  Holding Fees in the event of cancellation are non-refundable and non-transferable.
    1. The following cancellation charges apply:
  1. 31 days or less prior to the booking date = loss of all monies paid;
  1. 31 days or more prior to booking date = $250.00 Holding Fee.
  1. COVID-19 Policy
    1. If your booking is unable to proceed on the scheduled booking date due to Government Restrictions or Border Closures, then we will permit you to postpone the booking for a period of up to two (2) years or alternatively provide you with a credit note that must be used within two (2) years.
    1. You will not be charged a fee by us if your booking is postponed due to Government Restrictions or Border Closures, HOWEVER, if the Supplier charges us extra fees due to an increase in the cost of the services provided, then these costs will be passed on to you and you will be required to pay the extra charges. This is at the discretion of the Supplier and is completely out of our control.
    1. If you wish to cancel your booking due to Government Restrictions or Border Closures then our terms and conditions regarding Cancellation will apply.
    1. In the event that only a portion of your group is able to attend the booking due to Border Closures, then the group must elect whether to proceed with the booking, postpone the booking or obtain a credit note. In the event that the group proceeds with the booking, then: 
  1. no refund will be provided for the members of the group at are unable to attend; and
  1. any changes made to the booking will be subject to our terms and conditions regarding changes made by you. 
  1. THE WEATHER
    1. There is always the eventuality that we will be unable to proceed with your booking due to poor weather, including, but not limited to, hail or storm. If this occurs, you will be entitled to change or cancel the hire without paying the normal additional charges or being subject to the cancellation policy. We will do our best to accommodate you, but may not always be able to do so.
  1. LIABILITY
    1. Every effort is made to ensure your safety and we take every effort to ensure compliance with legislative requirements.  
    1. We take no responsibility for any sickness, loss or injury incurred by you taking part in the hire.
    1. You agree to observe and obey all rules and warnings provided by us, our employees and/or agents, and further agree to follow any oral instructions or directions given by us, our employees and/or agents. 
    1. You must not throw items out of a window or have a body part hanging out of a window. You indemnify us in respect of any damage caused by a breach of this clause.
    1. You acknowledge that there may be some inherent risk associated with the hire. You assume full responsibility for personal injury to yourself, injuries to others and further release and discharge us from all actions, suits, claims, demands and causes of action whatsoever at law, in equity and under statute which you may have or for this document would, could or might at any future time have or have had against us in respect of or arising out of either directly or indirectly the services we provide.
    1. You agree to accept responsibility for, indemnify us, and pay for, all damage caused to the hire of our vehicle caused by your neglect, reckless or wilful actions. Full payment for any such damage or loss must be paid at the time directly to us. If you fail to do so, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions. 
    1. You agree to indemnify us from all third party actions, suits, claims, demands and causes of action whatsoever at law, in equity and under statute as a result of your behaviour and actions.
    1. You acknowledge that you are solely responsible for any and all property brought on the hire and we will not be held liable for any damage caused to any property brought by you on the hire.
    1. You may wish to arrange for travel insurance in the event of sickness, medical expenses, ambulance transport, loss of earnings, accident or injury. You must do so at your own expense.
  1. PRICES
    1. Prior to booking, prices given on quotes, website packages, event coordinator emails and those made verbally are subject to availability and subject to change at any time.  We make every attempt to ensure that all prices given are accurate at the time of enquiry.  You will be given the current price of your hire at the time you wish to book before your contract is confirmed.  Where a price is incorrect due to system error, we shall not be bound by such incorrect price.
  1. BEHAVIOUR
    1. You must adhere to the current laws in place.
    1. Whilst alcohol is permitted on the vehicle, we are not licensed and are unable to supply alcohol as a component of your booking. Alcohol may only be consumed in limited quantities. Consumption of alcohol is at your own risk and we urge all participants to drink responsibly. We do not accept any responsibility or liability for participants who drink excessively, resulting in damages, ill health, injury or death.
    1. No glass is permitted in the vehicle, as this may cause a hazard to other users of the vehicle. No red wine or other liquids likely to stain are permitted in the vehicle, as this may cause permanent damage to the vehicle. No food may be consumed in the vehicle.
    1. You must abide with current State and Federal requirements regarding COVID-19 and public health. Should you fail to do so, you will be excluded from the booking and requested to leave. If you feel unwell, you must not depart for the booking and you must arrange to be tested and self-isolate until you receive your results.
    1. If, in the opinion of us, your health or conduct before or after departure appears likely to endanger the safe, comfortable or happy progress of the hire, you or any other people in the booking may be excluded from all or part of the hire, in which case no refund shall be made to you.
    1. If you or any person is intoxicated, then you will not be permitted entry into the vehicle and we are entitled, without prior notice, to terminate the hire in so far as it relates to you. No refund will be made and we will not pay any expenses or costs incurred by you as a result of the termination.
    1. If, in the opinion of us, you behave in such a way as to cause or be likely to cause danger, annoyance or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the hire in so far as it relates to you. In this situation, you will be required to leave the vehicle. We will have no further responsibility towards you, no refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
    1. If you suffer from illness or disability or are undergoing treatment for any physical or medical condition, you must declare the true nature of such condition at the time of booking, and make arrangements for the provision of any medication or other treatment required during the booking. Failure to make such disclosure to us at the time of booking will constitute a breach of these terms and conditions and result in you being excluded from the booking without refund.
    1. The use of smoking products (including vaping) is strictly not permitted within the vehicle. If you or any other person in the vehicle contravenes this clause, then we are entitled, without prior notice, to terminate the hire. In this situation, you will be required to leave the vehicle. We will have no further responsibility towards you, no refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
    1. You agree to accept responsibility for, indemnify us, and pay for, all damage caused to any Supplier facilities visited as part of the booking caused by your neglect, reckless or wilful actions. Full payment for any such damage or loss must be paid at the time direct to the Supplier. If you fail to do so, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions. 
    1. You agree to and hereby assume all risk, dangers and hazards associated with use or participation in the booking, including the possible risk of severe or fatal injury to others. In addition to the foregoing, these risks include but are not limited to the following:
  1. the risk associated with travel to and from venues and locations included in the booking;
  1. intoxication and/or alcohol poisoning from the alcohol you consume;
  1. the possibility of bodily injury; and
  1. being in altercations with others (which is not condoned or tolerated by us).
    1. You agree to indemnify us from all third party actions, suits, claims, demands and causes of action whatsoever at law, in equity and under statute as a result of your behaviour and actions.
    1. You acknowledge that you are solely responsible for any and all property brought on the booking and we will not be held liable for any damage caused to any property brought by you on the booking.
    1. We support the responsible service and consumption of alcohol. Licensing laws prohibit the service of alcohol to underage and unduly intoxicated persons. The management of all Suppliers have the right to refuse service to you and your group if you are displaying disorderly, aggressive, abusive, anti-social or intoxicated behaviour. Refusal is at the sole discretion of the management of the Suppliers. 
    1. We accept no liability for any accident or misadventure that occurs while any of your group is under the influence of alcohol or illicit substances. 
    1. All parties attending the booking should be aware of their own physical and mental limitations before attending the booking. If you have a medical condition or are pregnant we strongly recommend that you do not make a booking with us. Should you be pregnant or have another medical condition that may be affected by attending the booking, you must advise us prior to making a booking.
    1. We accept no liability for any accident or misadventure that occurs while any of your group is under the influence of drinks or drugs.  
    1. Suppliers may have a minimum dress standard. You acknowledge that appropriate clothing must be worn at all times on the booking. 
    1. You acknowledge that Suppliers may refuse you entry into their venue should you not meet their minimum dress standard. We will not be held responsible for any additional costs incurred by you as a result of your failure to meet the minimum dress standard.
    1. Unless you advise us to the contrary, we will assume that every member of your group is over 18 years of age.  If this is not the case and some members of your party do not fall into this age category, please check with us that the events you book can accommodate the younger members of your party.  
    1. If age restrictions are not checked prior to booking and you encounter problems during your booking, we shall not be responsible for any inability of any members of the group to participate in the booking. 
  1. VIDEO FOOTAGE
    1. You grant us the right to use any image of you in any live or recorded video, display or any transmission or reproduction of any booking. All rights to broadcast, record, photograph, repeat, reproduce or recreate the booking are reserved by us. You agree not to take any action, or cause others to take any action, which would infringe our rights under this clause.
    1. You assign to us any intellectual property associated with any image of you in any live or recorded video display or any transmission or reproduction of the booking.
    1. Any images or sound recordings you take during the booking with your camera, video or audio equipment must only be used for private and domestic purposes, and you agree that you will not sell, license, broadcast, publish or otherwise commercially exploit them and in particular make available any footage, sound recording or series of still pictures taken at the arrangement on the internet or to any third parties.
  1. NO AGENT
    1. We are an independent company that makes with Suppliers for events and tours. We are not agents or representatives of any Suppliers used for the bookings, and we accept no liability for any warranties provided by any Suppliers or other third parties.
    1. You acknowledge that we are event planners and independent to that of the Suppliers used for the bookings.
  1. AMENDMENTS TO TERMS
    1. We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on our website and to you in writing. Your continuation with the booking will represent an agreement by you to be bound by the terms and conditions as amended.
  1. ENTIRE AGREEMENT

  These terms and conditions constitute the entire agreement between the parties with respect to the subject matter of this document and supersedes all prior negotiations, contracts, hire, understandings and agreements with respect to that subject matter.

  1. LAW
    1. This document is governed by and construed under the laws of Queensland.
    1. Any legal action in relation to this document against any party or its property may be brought in any court of competent jurisdiction in Queensland.
  1. REMEDIES
    1. The rights of a party under this document are cumulative and not exclusive of any rights provided by law.
  1. SEVERABILITY

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