Terms & Conditions
By placing a booking with MUVA.com.au, 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 under Australian Consumer Laws.
These Terms and Conditions are in addition to your rights as a consumer.
In the following terms and conditions, ‘the Company’ refers to MUVA, 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 car, mini bus, bus or coach, the coach operator or supplier of the vehicle.
The Company provides a transport booking and management service, working closely with operators licensed by the appropriate licensing authority in the relevant jurisdiction or State. 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.
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 website, or over the phone. The Hirer is, and will remain at all times solely responsible for the acts and/or failures to act of the passengers who are 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 incurred by the Hirer irrespective of whether the Hirer travels.
2. Pricing and Quotations
All prices are subject to availability and can be withdrawn or varied without notice. Price changes may occur for reasons outside the control of the company which could increase the cost of the service. Such factors include adverse currency fluctuations, excise or tax increases and airport access fee or toll increases. Please contact your customer service representative for up-to-date prices.
Where an obvious error has occurred with the quoted or accepted price, we reserve the right to advise the customer or service operator of the error and provide an amended price for the journey, therefore voiding the previous booking confirmed or accepted.
A 20% non-refundable deposit is required to secure your booking.
The balance must be paid in full 7 days prior to the performance of the booking unless agreed by the Company in writing. If any outstanding or additional monies are due, the company reserves the right to collect the monies due from the original credit/debit card used by or for the hirer at any time. The Hirer also agrees that no chargeback will be raised to any credit/debit card issuing company with regards to the booking payment.
In the event that the deposit is not paid on time or balance is not paid by the due date (7 days prior to travel unless otherwise agreed in writing) the Company reserves the right to cancel the booking and any monies paid will be forfeited with the full balance now due.
If payment has not been received within the agreed timescales then the Company can no longer guarantee the quoted price or the availability of the booked vehicle, and may be required to revise its quotation and availability.
All bookings made using credit or debit cards will incur a processing fee, unless otherwise agreed by the company in writing.
Where the Company has agreed a credit arrangement or account facility with the customer, invoices will be issued in accordance with the agreed arrangements and may include additional charges for credit and payment charges. All invoices are to be paid within seven days from the date of the invoice unless otherwise agreed in writing.
Any queries relating to Company invoices must be raised in writing by the Customer within 7 days from the date of the invoice. If no query is raised by the Customer within this period it will be deemed as having been accepted in full. All overdue accounts will be subject to interest at 4% above the prevailing Reserve Bank of Australia base rate and will be accrued monthly.
5. Booking Confirmations and Amendments
It is the responsibility of the Customer to check the Booking Confirmation, once received, for its accuracy and completeness, any discrepancies found in the Booking Confirmation should be reported to the Company as a matter of urgency
If a Customer requires an amendment to a Booking, the amendment will only be considered as implemented when the Customer has it confirmed in writing and the Company has acknowledged the 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. No amendment or addition, no ongoing or future booking or return booking can be arranged with the Driver and the Driver does not have the authority to bind the Company, take bookings on behalf of the Company or similar, in any manner whatsoever.
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. The Company cannot be held responsible for any delays in arrival at a destination caused by traffic problems, unavoidable vehicular failures and/or incidents, adverse weather conditions etc. and these factors should be taken into account by the Customer when requesting a collection time when making a booking. The Company shall have no liability to the Customer for failing to arrive at a destination on time and shall bear no liability for late arrival at performances, airports or events and the Customer shall have no claim against the Company for any reimbursement to the cost of any tickets for any such performance, flights or event.
Depending on the nature of the booking amendment, additional charges may be required.
6. Customer Service
The Company grows through continued learning of our clients wants and needs, and encourages feedback, both good and bad, to give us the opportunity to grow, improve and continue to offer our clients the best possible experience. In the event that there is a service issue, the company will deal with said issue promptly and use this as a trigger to investigate the potential improvement to the procedures used. Bookings are tracked at each stage of the process and written and telephone communications are recorded to assist with service improvement.
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 14 days after the date of travel. Corrections and/or compensation 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 charge back request will not be raised through the card issuer or bank. The Hirer agrees to have a fair independent hearing with an external mediator if an agreement cannot be made between the Hirer and the Company.
Any complaints regarding the condition of the vehicle supplied or its facilities will need to be supported by photographic evidence.
7. Additional Charges and Surcharges
Unless it has been agreed otherwise, the hire price will not include tickets, admission charges, ferries, road tolls 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. Details of such are available upon request, the Company will not enter into any arrangement on the Customer’s behalf until payment from the Customer to the Company has been made.
All bookings at the point of quotation will be based on the use of a single Driver. For longer journeys, in terms of hours, it may be necessary to employ the services of a second Driver in order to comply with the regulations regarding Driver’s hours and therefore the Company reserves the right to review the quotation should this be the case and should there be a need for additional charges the Hirer will be advised 7 days prior to the journey date, or if not possible, at the earliest possible time prior to the journey date.
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, and their relevant additional cost.
For some journeys, it may be necessary to provide accommodation for the Driver. These costs will be paid 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 reasonable basic standard, and should include evening meal and breakfast as appropriate.
The quotation is given with regard to the operating costs at the time of the quotation. If more than 14 days elapse between the date of the quotation and its confirmed booking, the Company reserves the right to pass on any increases to the Hirer. The Company reserves the right to charge for damage to vehicles made by the hirer and/or the passengers. Monies will be collected from the Hirer. The Company may charge a $500 refundable deposit for any hires it deems to be at risk of damage, for example but not restricted to, Late night hires, party related hires, etc.
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 12 below.
8. Vehicle Photographs
The Company can, if requested, provide a photograph of the type of vehicle being supplied, however this photograph is illustrative only and may be a different make/model that actually supplied to the booking, subject to availabilities on the given date of travel.
9. Luggage and Passenger Numbers
The vehicle supplied by the Company will take account of the amount of luggage as well as the number of passengers specified at the time of booking. The Customer must ensure they specify the correct information at the time of booking and inform the Company as soon as possible if there are any changes.
10. Cancellation by Hirer
All cancellations must be made in writing. Should the Hirer wish to cancel a booking where the Hirer has paid in either full or part for the booking the following refund terms shall apply:
· Any cancellation requests must be acknowledged by the Company via reply email from one of our customers service 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.
· The Company reserves the right to charge you, the client, a cancellation
· 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 business days notice of your first journey.
· 50% of the total booking amount if cancelled with less than 4 business days notice of your first journey.
· 100% of the total booking amount if cancelled with less than 2 business days notice of your first journey.
NOTE: The cancellation fee will be automatically charged to your card if your journey is cancelled within these terms.
Cancellation of an event or holiday or any other explanation does not affect the Hirer’s liability for the above cancellation fees and the monies will be due as if the vehicle was travelling.
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.
11. 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 any 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 hirer with as much notice as possible.
In such circumstance the Company shall have no liability for any inconvenience or loss incurred and will not be liable for any direct or consequential losses arising. It is strongly suggested that the hirer should consider insuring against such risk.
12. Purpose of Journey
The Company must be notified of any bookings for sporting events, music festivals or political demonstrations and rallies at the time of booking, as there may be specific legal, access or other requirements that could affect the booking.
Failure to notify the Company correctly of the nature of the journey will be considered as breach of contract and at the Company’s discretion may lead to the termination of the booking without compensation or refund.
13. Unforeseen Events
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, natural disasters, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections, strikes, 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 obligations under this Agreement.
14. 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. The Company reserves the right to levy additional charges for timings or mileage over and above the original agreement on a pro rata basis as confirmed to the Hirer at the time of booking.
The Customer hereby acknowledges that no luggage may be left on the vehicle unless specifically agreed with the Company, and the Company and/or its service providers will not assume any responsibility for said items.
Should the Customer be late for any pickup as set out in the Booking Confirmation the Customer 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 if the original becomes unavailable, and obtaining additional Drivers.
· If the actual departure time is made within 10 minutes of the scheduled/confirmed pickup time no overtime charges will be added
· Any departures that take place 10 minutes or later than the scheduled pickup time overtime charges may be added (from the scheduled pickup time) at the following rates:
o Sedans – rate of $27.50 inc GST per 15 mins ($110 inc GST per hour)
o Minibus/bus/coaches – rate of $41.25 inc GST per 15 mins ($165 inc GST per hour)
o In the event of prolonged parking costs (for example Airport Access Fees) the client will be charged the total parking cost, less the initial 15 minutes included in the quote) in addition to the waiting time,
· It is NOT the responsibility of the driver 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 that extra charges could be incurred
· Where the booking is to collect passengers from an airport and the Customer has provided a scheduled arrival time, the scheduled pickup time for the booking will be adjusted by the Company to allow 60 minutes for the passengers to disembark the flight, reclaim luggage and clear customs for international flights, and 30 minutes for domestic flights. In the event that the Customer requires a fixed pick up time, this allowance will not apply. Where flights are delayed and the cumulative delay shall exceed this allowance; the clause below shall apply. It is strongly recommended that the Hirer take out travel insurance to cover this eventuality.
· For the avoidance of doubt a Driver will wait for a maximum of 30 minutes from the scheduled time of pick up or such shorter period as may be determined by the Driver that will adversely affect his/her Driver’s hours or subsequent commitments. Should the Customer not have arrived for pick up within this period 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, while all efforts are made, the Company cannot guarantee that it will be able to fulfill the booking if vehicles are committed to other charters. In the event of extended delays where the vehicle is able to wait, waiting time will be added at the aforementioned rates.
15. Change of Vehicle
The Company reserves the right to subcontract to another operator to perform the hire or to supply replacement vehicles with the same number of seats. In the event that a vehicle of differing specification is supplied, the Company’s liability will be limited to the amount specified in our standard table of compensation set out in Appendix 1. If for operational reasons the Company is compelled to supply a larger coach than required this will be at no extra charge (unless the number of passengers is increased from the original booking).
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, or not the route the hirer would have taken.
All pick-up and drop-off locations and routes of travel must be 1) legal points for embarkation and disembarkation and 2) suitable for the vehicle used. 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 change 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.
17. 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, customs or other government officials and security services or other matters outside its reasonable control and will not be liable for any inconvenience or loss incurred 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 or a flight departure.
18. Driver’s Hours
Driver’s Hours (Fatigue management) and rest periods are strictly regulated by Australian state and federal 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 driving hours as specified in the 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. 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 10 Kgs.
· One of either briefcase / laptop / camera bag / normal sized handbag or similar baggage may be carried in the cabin, if they are capable of being placed beneath your legs in your seated position during the journey or at the discretion 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 seatbelt and not cause damage to the seats or other fittings.
When making a booking it is important for the hirer to specify the passengers proposed needs, and for you to discuss these need with the company at the time of making the booking. Without this information, 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 strong chance that we may not be able carry it without offloading passengers or passenger luggage. Passenger and staff safety is our priority and our baggage allowances are for these reasons.
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.
The Company cannot accept responsibility for any loss of or damage to property left on the vehicle after hire. Property found on the vehicle after hire will be held at the vehicle operating base for a maximum period of 30 days. It is the Hirers’ or the passenger’s responsibility to collect the property and any costs incurred to collect the property are to be paid by the Hirer or passenger. Property is to be collected at a time agreed by the Company and the Hirer or passenger.
20. Passenger Conduct
It is the responsibility of 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 his sole discretion, he considers them unfit to travel for whatever reason (for example, being intoxicated, aggressive or abusive). The Driver may refuse to continue a journey if, in his sole discretion, he considers any passenger to be behaving in such a way as may compromise the safety of the driver or 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 hirer will forfeit any monies paid, and no claims for compensation or refund in either whole or part shall be entertained.
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 thereto.
The company reserves the right to summon police in the event an abusive passenger or group refuses to leave the vehicle, when requested to do so by the driver, in situations described above.
21. Alcohol, Tobacco or Drug Consumption
No alcohol (opened) 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, and the smoking of tobacco (which includes “vaping) or consumption of illegal or illicit/illegal drugs, may result in summary termination of the journey, cancellation of any other parts of a booking, and in such circumstances the Customer shall remain liable for any sums due under this Agreement and the Company shall have no liability to the Customer and no refunds shall be provided.
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 (or series of connected) incidents is limited to the booking value (excluding any additional Charges arising by way of clause 7.
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:
· (a) 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
· (b) 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
With the 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 a minimum of three working days 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 the restraint of any animal to ensure the safe transit for an animal for which permission has been granted. Failure to comply with any reasonable requirements may result in summary termination of the journey and removal of the animal from 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/Assistance Dogs Europe, or other such bodies as may from time to time be recognised. An assistance dog trained by a member of Assistance Dogs International has formal identification.
24. Governing Law
These terms and Conditions together with any Booking Confirmation shall be subject to and construed in accordance with the laws of Australia. The parties hereby agree to submit to the exclusive jurisdiction of the courts of New South Wales.