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Conditions of Hire

Definitions

In this agreement the following definitions apply unless the context requires otherwise. 'The Company' shall mean “Limousines of Victoria Pty Ltd”, a company registered in Australia.PO Box 230 Doncaster East, Victoria, 3109, Australia, '

Employee' shall have the meaning of any employee of the company, including any driver or chauffeur employed by the company or agency contracted by the Company.

'Hirer' shall be deemed to be the person who has signed the hire agreement and or the person responsible for payment of the hire.

'Hire Date' shall mean the date when the vehicle is required.

'Hire' shall mean the period for which the vehicle has been hired or has been reserved for.

'Booking' shall mean a period for which the hirer has committed to the hire and the full amount of the hire has been paid. '

Reservation' shall be deemed to mean a hire where a deposit has been paid to hold the date, but the full amount has not been paid.

'Vehicle' shall mean any car, vehicle or limousine supplied by the company to the hirer.

'Party' shall have the meaning of person or persons and or guests or invitees of the hirer.

'Chauffeur' shall mean the driver of the vehicle.

Schedule of Hire

Hirer: The person or organisation responsible for the payment of all the costs charges and fees arising from the hire of the vehicle.

Hire Fee: - Will be advised when the booking is confirmed (The Hire Fee DOES NOT include any additional fees, costs or charges detailed below).

Extra Time will be billed at
-$50 per 15 minutes or part thereof for a sedan;
-$75 per 15 minutes or part thereof for 6 seater stretch vehicle ;
-$100 per 15 minutes or part thereof for 10 seater stretch vehicle;
-$150 per 15 minutes or part thereof for classic stretch vehicle; and
-$200 per 15 minutes or part thereof for 13 seater stretch vehicle.

Extra Drop-Offs, Pickups, Unscheduled Stops Or Deviations
- $25 each event plus extra time charges per car.

Cancellation Fee (see also section 5 "Payments and Deposits")
a) 1 hour continuous hire;
if cancelled more than 14 days prior to hire date... 25% of total hire value [minimum $100]
if cancelled 7 to 14 days prior to hire date... 50% of total hire value
if cancelled less than 7 days prior to hire date...full hire value is payable.
b) 2 or more hours continuous hire;
if cancelled more than 14 days prior to hire date... 25% of total hire value [minimum $200]
if cancelled 7 to 14 days prior to hire date... 50% of total hire value
if cancelled less than 7 days prior to hire date...full hire value is payable.

Missing Or Broken Glasses - $10 each.
Missing Or Damaged Bottle Opener - $20 each.
Missing Or Damaged Vehicle Equipment Or Fittings - to be quoted at cost with additional Administration Fee
Administration Fee To Manage Repairs - $50 flat fee or $30 per hour, whichever is the greater.
Repairs - Amount quoted by appropriately qualified repairer.
Deposit -$100 per vehicle or 25% of the hire fee whichever is the greater. (the deposit is subject to refund conditions).
Cleaning Fee - $50 per 10 minutes or part thereof.
Parking Fee - at cost.
Waiting Fee
- $80 per 15 minutes or part thereof for a 7 seater vehicle or larger
- $40 per 15 minutes or part thereof for a 6 seater vehicle or smaller
Toll Charges - $10 per trip flat fee.
Cash, Postal Order, Bank Cheque Transactions - These are FEE FREE
Credit Card Administration Fee - 10% of the total value to be charged.
Cheque Clearance Fee
- $15 Minimum or 10% of the cheque amount, whichever is the greater
- Cheques must be cleared prior to the hire date – allow 48 hours for this to occur
- Cheques are only accepted by prior agreement.

The Schedule of Hire is subject to the terms of the entire agreement and does not include every possible fee or charge.
1. Responsibility
The hirer shall be responsible for the proper behaviour of all of the passengers and shall be primarily responsible for any damage caused to the vehicle howsoever caused. It is an express condition of the hire that the hirer accepts this responsibility. The hirer shall be fully responsible and liable for any damage caused both inside and outside the vehicle by the hirer or a member of his or her party, howsoever caused. This includes incitement or behaviour resulting in damage to the vehicle or its contents by a third party. The hirer expressly agrees to be held liable for the retail cost of any repair as a consequence of any damage caused. The hirer further agrees that the company may at its entire discretion determine the organisation that will complete the repairs. Furthermore, the hirer shall be responsible for payment of a fixed rate, which shall be determined by the company, at its sole discretion for the period during which the vehicle cannot be used as a consequence of said damage and repairs. That notwithstanding, the hirer shall also be responsible for any further losses which are incurred as a result of lost bookings. The hirer holds the company, its agents or employees harmless of any liability for any personal or material damages arising from the conduct of his or her party. The company, its agents or employees shall not be held liable or responsible for any articles left in the vehicle and the hirer specifically indemnifies the company, its agents or employees from any such responsibility and undertakes to advise all other persons in his or her party.

2. General_¬Conduct
The hirer is responsible for the general conduct and behaviour of his or her party. The consumption of food is not permitted in any of the vehicles unless specific agreement has been made to the contrary at the time of the booking and agreed in writing. Food and Beverages may cause the vehicle to require cleaning after the hire has terminated. Vehicle Cleaning will be charged at the appropriate rate detailed in the Schedule of Hire above. Where complimentary drinks are supplied by the company, these must be consumed in the vehicle and may not be removed for any reason whatsoever. In the event that drinks are removed, then the company may at its sole discretion, recover the replacement cost from the hirer. The company will not allow red wine to be consumed in the vehicle at any time owing to the potential damage to the interior as a consequence of spillage. The opening of champagne bottles can be hazardous to the occupants of the vehicle and may give rise to damage to the vehicle or injury to the occupants; therefore, champagne bottles may only be opened by the chauffeur or by the hirer or his or her party outside and away from the vehicle. The hirer accepts responsibility on behalf of the hirer's party for any losses of the property of the company that is provided in the limousine for the benefit or the pleasure of the passengers. This includes, but is not limited to, glassware, bar equipment, CD's, DVD's, Video Tapes and the like. Missing or damaged glasses will be charged at $10 per glass. Missing or damaged bottle-openers will be charged at $20 each. Vehicle or equipment damage will be charged at the cost quoted by an appropriately qualified repairer plus an administration charge. Where the vehicle or equipment is damaged or missing an administration charge of the greater of either a $50 flat fee or $30 per hour to manage the completion of the reparation will be charged plus the cost of the replacement of the item.

3. Safety
The hirer accepts that the company adopts a strict no smoking policy in all of its vehicles and that any failure to adhere to this policy will result in the immediate termination of this agreement without any refund. In addition to which, the hirer shall be held responsible for the cost of a detailing and cleaning and any damage caused as a consequence of the hirer of his or her party failing to adhere to this agreement. All passengers in the party are required to wear a seat belt; failure to do so, will result in the immediate termination of the hire, without any form of compensation. The hirer specifically indemnifies the company, its agents or employees and the chauffeur against any fines imposed as a consequence of the passengers failing to comply with the legal requirement for all passengers to wear a seat belt. The company does not permit taking of any illegal drugs or partaking of any illegal activities whilst in the vehicle, failure to abide by this condition will result in the immediate termination of the hire without compensation. The hirer expressly accepts that except in cases of an emergency, only the chauffeur may open and close doors, this is a safety precaution to minimise the risk of injury to the passengers, accidents and damage to the vehicle. The company, its agents or employees will not be held responsible for injury, accidents or damage caused as a consequence of the hirer or his or her party failing to adhere to this condition and the hirer accepts responsibility for any damage to the vehicle and or any third party as a result of the hirer or hirer's party failing to adhere to this condition. The company gives notice to the hirer, who shall undertake to advise all others in his or her party of the transmission-hump in the centre of our stretched limousines, which must be negotiated with care when entering and exiting the vehicle. The company, its agents or employees shall not be held liable or responsible for any incidents which occur as a failure to heed this advice. The maximum number of passengers that can legally be carried in the vehicle is set by law; the hirer expressly accepts this legal restriction and accepts that the chauffeur shall be required by the company to refuse to carry more than the statutory maximum. The hirer further accepts that failure to adhere to this regulation would likely result in the vehicle and its passengers being uninsured. In addition, the chauffeur and the company could be fined as a consequence. Therefore there will be no compromises on this safety issue. The hirer accepts that owing to weight, there must be a restriction on the amount of luggage that can be safely and legally carried in our vehicles. Therefore, the hirer should, if in doubt, advise the company of the number of pieces of luggage that they wish to carry, the dimensions and the approximate total weight. The company will then use its best endeavours to provide advice on the suitability for carriage in terms of size and weight. However, the hirer expressly agrees that the final decision as to whether or not the luggage can be safely or practically carried is with the chauffeur. The hirer expressly accepts that the decision of the chauffeur shall be final and indemnifies the company, its agents or employees against any loss, consequential or otherwise as a result of the decision of the chauffeur. Irresponsible behaviour which could give rise to damage to the vehicle or endanger the safety of the other passengers will not be tolerated in any form. This includes, but is not restricted to; sitting on the exterior of the vehicle, hanging out of the windows, shouting abuse to other road users or pedestrians, rudeness or intolerance with the chauffeur, arguing with the chauffeur, misuse of the equipment, fixtures or consumables within the vehicle and wilful damage to the interior generally. Such behaviour may, at the sole discretion of the chauffeur, the company, its agents 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 behaviour of his or her party.

4. Limitation-of-Liability
The hirer accepts and indemnifies the company, its agents and its employees against any loss, consequential or otherwise as a result, direct or otherwise of a failure to meet time deadlines. It is the responsibility of the hirer to ensure that there is adequate time to travel to and from destinations, the company, its agents or its employees will provide advice, but this does not form any part of a contract between the hirer, the hirer's party or the company, its agents and its employees. Furthermore, the hirer indemnifies the company, its agents and its employees against any and all claims as a result, direct or otherwise, consequential or otherwise, of a failure to arrive at the destination at the appropriate time or at all. The hirer expressly accepts that in-car entertainment such as television screens, CD, 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 prior to or during the hire, the company, its agents or employees accepts no liability whatsoever and no compensation shall be provided in such instances, nor will the company accept any claims for any form of refund. In the event that a vehicle is subject to an accident or mechanical failure, or is no longer safe to drive, then the company shall make alternative arrangements to get the hirer and his or her to their destination. The company may at its entire discretion determine the method of onward travel, alternatively the hirer, or his or her party may make alternative arrangements at their cost, for which no claim can be made against the company, its agents or employees. The hirer specifically accepts that the hire is based on a best endeavours basis and therefore, no specific guarantees can be made in terms of time, reliability of the vehicle and events out our of the direct control of the chauffeur or the company. The Company, its agents or employees assumes no responsibility nor does it provide any guarantees whatsoever for ensuring that the Hirer arrives at his or her destination on time. It is entirely the responsibility of the Hirer to determine whether the vehicle has been hired for a period sufficient to cover eventualities such as, but not limited to, traffic accidents, road-works and peak traffic periods. In addition, the Hirer is responsible for ensuring that the Hire commences at a time which allows for such eventualities. The Company will not provide any refunds for such eventualities and any additional time over and above the Booking period shall be charged at the appropriate rate. The company reserves the right to change the specification of the vehicle at any time, provided that where the replacement vehicle is of a lesser value or specification, an appropriate adjustment is made in favour of the hirer. The company undertakes to use its best endeavours to ensure that the vehicle booked is the one provided for the hire.

5. Payments-and-Deposits
To make a reservation the hirer shall be required to pay a deposit when making a reservation which shall be 25% of the hire charge or $100 whichever is the higher or an amount agreed to in writing by The Company. Reservations are accepted on a best endeavours basis and the company may at its entire discretion cancel the agreement at any time. The hirer may elect to pay the full amount of the hire at the time of making the reservation in order to confirm the booking. However, the hirer accepts that once a booking is made to confirm the hire, no refunds will be provided for any reasons whatsoever. That notwithstanding, the company will consider at its sole discretion, claims for a partial refund where it can be demonstrated that the circumstances could not be seen by the hirer and provided, in any event, that the cancellation or claim for a partial refund is at least 60 days prior to the date of the confirmed hire. Payments of the full balance of the hire becomes payable prior to the commencement of the hire. In the case of wedding bookings payment in full must be received 14 days before the date of the hire. Failure to pay in this time may result in the cancellation of the agreement and the loss of any deposit paid. Where payment is past its due date, but has not been received, this shall be deemed a breach of this agreement and the full amount of the hire shall become immediately due from the hirer; the company may also at its sole discretion cancel the hire agreement, whilst pursing the claim against the hirer. The fact that the hire may not take place as a result of this breach does not derogate the responsibility of the hirer to pay the full amount due. The hirer agrees to pay a deposit of $100 per vehicle including GST at least 14 days prior to the hire by way of a deposit against damage to the vehicle or its contents. This deposit will be returned at the end of the hire provided there are no claims against it. The amount of the deposit does not limit any subsequent claim for loss or damages by the company against the hirer. The company requires that a credit card be provided prior to the night of the hire as a security against any damage or loss sustained by the company. Photo ID will be required to identify the card holder. Cheques are only accepted by prior agreement in writing. Any payments by cheque or credit card will attract a $15 administration fee or 10% of the cheque or credit card charge whichever is the greater Payments by Money-Order, bank-cheque or cash are fee-free transactions.

6. Additional-Charges
Time permitting; the chauffeur may be willing to collect additional passengers from alternative locations subject to the maximum that the vehicle can carry. However, any additional passengers, mileage or time shall be charged to the hirer. Whilst the chauffeur will attempt to accommodate any last minute changes, the final decision will remain with the chauffeur and the hirer expressly accepts this arrangement. In the event that the time or location of the hire is changed prior to the booking or at the time of the booking, the company expressly reserves the right to make any additional charges and to set such charges against the hirer's deposit or credit card. Where a hire extends beyond the period of the Booking for whatever reason the Hirer accepts that this additional time and mileage shall be charged to the Hirer's account. Reasons may include but are not limited to late starts, traffic-jams, accidents and diversions. The route to be taken will be entirely at the discretion of the chauffeur. In the event that the vehicle has been left in an overly unclean condition by the hirer or his or her party, then the company reserves the right to charge for the cost of cleaning. Such circumstances that could give rise to this charge include, but are not limited to; spillage of food or drinks, confetti in the carpet or upholstery, glitter on interior, finger prints on the glass surfaces. The minimum cost of a cleaning is $50 per 10 minutes or part thereof including GST, but this amount could increase dependant upon any consequential damage. The responsibility for reimbursement of such cost will be the responsibility of the hirer. Unless advised otherwise, the hirer shall be responsible for any parking charges, which shall be charged at cost on the night or will be set against any deposit held by the company. Where the chauffeur has to collect the hirer or his or her passengers at a specific time and is kept waiting for more than 10 minutes, then the company shall make an additional charge based on increments of 15 minutes at the appropriate rate. In the case of airport collections, the company assumes a waiting time of 15 minutes before any charges are imposed for waiting time. Return journeys are specifically charged on a direct route "point-to-point" basis. That means that the clients must be ready to leave on time and be in the vehicle within five minutes of the arrival of the vehicle or the scheduled pick-up time whichever is the later. Extra stops, pick-ups or drop-offs will be charged at $25 each in addition to the extra time charges. Extra time charges will be as specified above. The extra charges are not negotiable under any circumstances and are an express term of this agreement.

7. Subcontracting
The company reserves the right to subcontract the hire to another company at its entire discretion.

8. Vehicle-Delays
In the unfortunate event that the vehicle arrives late or does not arrive, the company will not be responsible for any consequential losses howsoever caused. The company will endeavour to provide a replacement vehicle in the case of breakdown or unforseen circumstances delaying the vehicle. The replacement vehicle will be the best available at the time and may not be identical to the vehicle originally intended for the hire. The hirer may decide to continue the journey with their own vehicles at the hirer’s expense if the company’s vehicle does not arrive within 30 minutes of the scheduled time. The Hirer may also abandon the hire if the vehicle arrives more than 30 minutes later than scheduled time and no cancellation fee will be levied. However the entire fee will be payable if the hirer decides to continue the hire under these circumstances even though the hire may be shorter in time than that originally intended. The minimum charge for any hire in all circumstances will be levied at that of a one hour duration unless otherwise agreed with the company. Therefore if a hire is delayed and the hirer agrees to continue then the entire hire fee originally agreed will be payable.

9. Other¬_Conditions
The agreement to hire is between the hirer and the company. The hirer is responsible for the conduct of the hire party and the driver and company will only discuss the hire with the hirer. The hirer must be at least 18 years old. Notwithstanding that account holding customers invoices only become due 14 days following the date of the hire, all other condition pertaining to payment remain in force, including cancellation clauses. In the event that the hirer is a business then that company shall assume the responsibility of the hirer and will be bound to advise the party or passengers of the terms and conditions of this hire. If any term or condition is found to be invalid for any reason whatsoever then this shall not deem this agreement to be invalid and all other terms shall remain in force. The company may at its entire discretion refuse any hire at any time without explanation or reason.

8. Examples_of_the_calculation_of_extra_charges
Here are a few examples of how extra charges may be calculated:
A - Clients get into vehicle 12 minutes after the scheduled time for a direct return journey ($75 extra time).
B - The chauffeur is directed to an unscheduled pick-up ($25 for the extra pick-up plus extra time charges if applicable).
C - The chauffeur is directed to stop for 15 minutes at a gas station for a cigarette and bathroom stop ($75 extra time charge)
D - The vehicle is left with a broken glass, a missing bottle opener and beer spilt on the seats ($10 glass + $20 bottle opener + minimum $50 cleaning fee).
E - Clients become argumentative and/or unruly – hire terminated without notice
Alternatively, the vehicle leaves on time and travels in an uneventful route without additional stops, pick-ups or drop-offs, arrives on time and is left in a near clean condition without broken or missing glasses and without upholstery or vehicle damage – NO EXTRA CHARGES!
F - Argumentative, drunk or unruly passengers - prices upon application (generally very very expensive or hire terminated without notice at the chauffeurs discretion).

9. FINAL-NOTES
Please do not open any doors other than in an emergency, your chauffeur will do this for you. This is for your comfort and particularly for your safety. Our vehicles have had doors ripped off their hinges by passing trucks when passengers have opened doors without looking. This is a very dangerous situation and we are particularly concerned for your safety. Don't allow any part of your body to extend outside of the vehicle, it is vital for your own safety that your don’t wave your arms (or anything else) out of the window because you may be seriously injured. Your chauffeur is directed to stop the vehicle if this occurs and warn the occupants once only. The second time this occurs will terminate the hire. If the chauffeur deems an event to be particularly serious the hire will be terminated without warning. We want to keep you safe and would rather explain the reasons for these important rules than have to explain to your family why you ended up in hospital. It is your responsibility to keep yourself safe within the vehicle including the wearing of seat belts which are provided. Your chauffeur cannot always see what you are doing while concentrating on the road. Don’t bang on the windows, the people outside cannot hear you nor can they see you. However you may crack a side window and then be charged the $1,000 or more to replace it. Furthermore this leaves finger prints on the windows and may attract a cleaning fee. Drink in moderation (alcohol may not be consumed by passengers under 18 years of age), have fun, keep yourself safe and enjoy your journey. And last but not least - leave the music run its course- we often have passengers changing every song after every 2 seconds. This can be very annoying to the other passengers and can distract your chauffeur. You may not like every song but most people will enjoy most songs. Although tipping your chauffeur is not expected you are welcome to show your gratitude if you are provided with outstanding, polite and professional service.