Terms and Conditions – Passenger and Charter Services

Definitions

“Company” means Ore Investments Pty Ltd, its trading entities, successors and assigns or any person acting on behalf of and with the authority of Ore Investments Pty Ltd.
“Customer” means the purchaser of the Services and/or the Passenger (as hereinafter defined) using the Services, as the case may be, or any person acting on behalf of and with the authority of the Customer, as specified in any ticket, quotation, invoice, document or order, and if there is more than one Customer is a reference to each Customer jointly and severally.
“Services” means all Services provided by the Company to the Customer at the Customer’s request from time to time.
“Fare” means the Fare for the Services as agreed between the Company and the Customer subject to clause 4 of this contract.

Acceptance

The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for, or accepts provision of, the Services.
These terms and conditions may only be amended with the Company’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and the Company.
The Customer acknowledges that:
- provision of the Services is subject to the Company’s minimum passenger numbers;
- If the Customer is using courtesy transfers service, the Customer is required to be ready ten (10) minutes prior to published departure time, as such times may vary due to unforeseen circumstances.
- the Company reserves the right to cancel or to vary the content of the Services should the need arise.
- group discounts may apply, at the Company’s sole discretion;
- other operators’ products and services may be advertised in good faith in any promotional or advertising material of the Company. However, the Company shall not be responsible for the conduct of these operators or for loss or damage to property, personal injury, death or delay incurred by the Customer or any third party by the use of such products and services.

Bookings and Tickets

No bookings are confirmed until received by the Company and paid for in full in accordance with clause 7; a paid ticket will always board in preference before a reservation booking or unpaid ticket.
Online bookings must be entered in and accepted on the Company’s booking system twenty-four (24) hours before departure for confirmation to travel.
Tickets are:
- issued to and accepted by the person named in the ticket (“Passenger“), subject to the relevant By-Laws, Regulations and these terms and conditions.
- non-transferable.
Tickets issued at pension / concessional fare rates are valid for Western Australian pensioners only, and the Passenger must produce identification, pension card and supply pension number upon request. They are also obliged to carry the same whilst travelling on the coach.

Fare and Payment

At the Company’s sole discretion the Fare shall be either;
- as indicated on invoices provided by the Company to the Customer in respect of Services provided; or
- the Company’s current Fare, at the date of provision of the Services, according to the Company’s current Fare Guide; or
- the Company’s quoted Fare (subject to clause 2) which shall be binding upon the Company provided that the Customer shall accept in writing the Company’s quotation within thirty (30) days.
The Company reserves the right to change the Fare in the event of a variation to the Company’s quotation.
At the Company’s sole discretion, a non-refundable deposit of twenty percent (20%) of the Fare shall be required upon booking.
Time for payment for the Services being of the essence, the Fare will be payable by the Customer on the date/s determined by the Company, which may be:
- at least five (5) working days prior to provision of the Services (departure date); or
- for approved Customer’s, due thirty (30) days following the date of any invoice given to the Customer by the Company;
- the date specified on any invoice or other form as being the date for payment; or
- failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Customer by the Company.
Payment may be made by cash, cheque, bank cheque, electronic/on-line banking, credit card (plus a surcharge of up to three percent (3%) of the Fare for any Amex, JCB or Diners transaction), or by any other method as agreed to between the Customer and the Company.
Unless otherwise stated the Fare includes GST; which the Customer must pay, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Fare. In addition the Customer must pay any other taxes and duties that may be applicable in addition to the Fare except where they are expressly included in the Fare.
Receipt by the Company of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.

Provision of the Services

The Company may use, or change, the nominated mode of transport for the journey.
The Company may, in its sole discretion, without liability therefore, cancel in whole or in part any of the Services shown in the published timetables or vary the stops at which the coaches will pick up or set down Passengers.
The Company shall be under no obligation or liability whatsoever to any person as a result of: any inaccuracy, error or mis-description contained in any travel or tour brochure; any change in any pricing; or withdrawal of or failure to provide any service set out in such travel or tour brochure.
The Company shall not be liable to the Passenger for loss, damage or delay caused by or arising from riot, war, act of terrorism, Act of God, civil commotion, strikes, lock-outs, stoppages or restrain of labour from whatsoever cause whether partial or general. Nor shall the Company be liable to the holder for loss, damage or delay caused by or arising from the failure of the Company to give ticket holder notice of the withdrawal or cancellation of the Services, the occurrence of any event, matter or thing set out in this clause, or the threat, likelihood, possibility of or the occurrence of an event, matter or thing set out in this clause.
The Company shall not be liable to the Passenger in the event of the loss of or theft of this ticket or if it is honoured when presented by a person other than the Passenger or if the ticket is mislaid.
The Company will endeavour to meet all given times, however times may vary due to driving conditions, and the Company shall not be liable for any consequence, loss or damage whatsoever arising out of or from any cancellation, or any variation in the time of arrival at or departure from any stops of any coach.

Travel Conditions

Passengers are expected to be clean, tidy and well behaved whilst travelling on the coach. The driver reserves the right to refuse travel to any non-compliant person/s.
The Company reserves the right for reasons of health and safety, to require children under the age of ten (10) years to travel accompanied by a parent or guardian, and to wear reasonable attire. The Company will accept children between the ages of ten (10) and fifteen (15) years travelling without a parent or guardian in accordance with the Company’s policy from time to time. This includes the tender of duly signed authorisation form.
Children under four (4) years old may travel free of charge. Car seats can be taken on board and belted to the seat of the coach.
Each Passenger is allowed one (1) suitcase and one (1) overnight bag. The free luggage allowance is limited to two (2) items of luggage per passenger with a maximum of fifty kilograms (50kg) per Passenger, and any other will be regarded as freight with additional costs being applicable. Luggage will only be accepted in bona-fide packaging. Bicycles and surfboards will be accepted if space permits, but a separate charge is applicable. Passengers are responsible for labelling and handling of their own luggage. Handbags and briefcases are the only luggage permitted within the passenger compartment. Valuables must be kept with the Passenger. The maximum liability for damaged or lost uninsured luggage is one hundred and fifty ($150.00) for any or all of the luggage accompanying a Passenger.
All Passengers must be at their designated departure point at least fifteen (15) minutes prior to the allotted departure time.
All Passengers must occupy a seat and be seat-belted.

Prohibitions

Smoking, consumption of alcohol and/or illicit drugs or non-prescribed drugs is prohibited on any coach.
Hot greasy foods and milk products are prohibited on board the coach. If any other food or drink is consumed, all rubbish must be disposed of in the bins provided.
No flammable liquids, firearms or explosives shall be carried or accepted as personal luggage, personal possession or as freight on any coach.

Cancellation

The Company may cancel these terms and conditions or cancel provision of the Services at any time before the Services have commenced by giving written notice to the Customer. On giving such notice the Company shall repay to the Customer any sums paid in respect of the Fare. The Company shall not be liable for any loss or damage whatsoever arising from such cancellation.
In the event that the Customer cancels provision of the Services the Customer shall be liable for any and all loss incurred (whether direct or indirect) by the Company as a direct result of the cancellation (including, but not limited to, any loss of profits), and/or a cancellation fee shall apply to all ticket bookings as follows (or may vary depending on the Services):
- ten percent (10%) of the Fare if cancelled less than seven (7) days, but more than two (2) days, of the arranged departure date; or
- twenty percent (20%) of the Fare if cancelled less than two (2) days of the arranged departure date.
Refunds are made at point of ticket issue only or on written application in the case of website internet ticket purchase.
The Company shall not grant any refund of the Fare where the Passenger fails to board the coach.
Applicable cancellation fees are detailed on the Company’s marketing material; otherwise the cancellation fees will be as per clause 2.

Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)

Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Fair Trading Acts in each of the States and Territories of Australia (including any substitute to those Acts or re-enactment thereof), except to the extent permitted by those Acts where applicable.
Where the Customer purchases Services as a consumer these terms and conditions shall be subject to any laws or legislation governing the rights of consumers and shall not affect the consumer’s statutory rights.
Liability of the Company for any breach of warranty implied into these terms and conditions by the Competition and Consumer Act 2010 or howsoever arising, is limited to any of the following as determined by the Company:
- rectifying the Services; or
- providing the Services again; or
- paying for the Services to be provided again.
If the Company is required to rectify, re-provide, or pay the cost of re-providing the Services under clause 3 or the CCA, but is unable to do so, then the Company may refund any money the Customer has paid for the Services but only to the extent that such refund shall take into account the value of Services which have been provided to the Customer which were not defective.

Default and Consequences of Default

Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and one half percent (2.5%) per calendar month (and at the Company’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
If the Customer owes the Company any money the Customer shall indemnify the Company from and against all costs and disbursements incurred by the Company in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Company’s contract default fee, and bank dishonour fees).
Without prejudice to any other remedies the Company may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms of hire the Company may or suspend or terminate the provision of Services to the Customer and any of its other obligations under the terms and conditions. The Company will not be liable to the Customer for any loss or damage the Customer suffers because the Company has exercised its rights under this clause.
Without prejudice to the Company’s other remedies at law the Company shall be entitled to cancel all or any part of any order of the Customer which remains unperformed in addition to and without prejudice to any other remedies the Company may have and all amounts owing to the Company shall, whether or not due for payment, become immediately payable in the event that:
- any money payable to the Company becomes overdue, or in the Company’s opinion the Customer will be unable to meet its payments as they fall due; or
- the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
- a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.

Privacy Act 1988

The Customer agrees for the Company to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, previous credit applications, credit history) about the Customer in relation to credit provided by the Company.
The Customer agrees that the Company may exchange information about the Customer with those credit providers and with related body corporates for the following purposes:
- to assess an application by the Customer; and/or
- to notify other credit providers of a default by the Customer; and/or
- to exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and/or
- to assess the creditworthiness of the Customer including the Customer’s repayment history in the preceding two years.
The Customer consents to the Company being given a consumer credit report to collect overdue payment on commercial credit.
The Customer agrees that personal credit information provided may be used and retained by the Company for the following purposes (and for other agreed purposes or required by):
- the provision of Services; and/or
- analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to the provision of Services; and/or
- processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Customer; and/or
- enabling the collection of amounts outstanding in relation to the Services.
The Company may give information about the Customer to a CRB for the following purposes:
- to obtain a consumer credit report;
- allow the CRB to create or maintain a credit information file about the Customer including credit history.
The information given to the CRB may include:
- personal information as outlined in 1 above;
- name of the credit provider and that the Company is a current credit provider to the Customer;
- whether the credit provider is a licensee;
- type of consumer credit;
- details concerning the Customer’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);
- advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Customer no longer has any overdue accounts and the Company has been paid or otherwise discharged and all details surrounding that discharge(e.g. dates of payments);
- information that, in the opinion of the Company, the Customer has committed a serious credit infringement;
- advice that the amount of the Customer’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
The Customer shall have the right to request (by e-mail) from the Company:
- a copy of the information about the Customer retained by the Company and the right to request that the Company correct any incorrect information; and
- that the Company does not disclose any personal information about the Customer for the purpose of direct marketing.
The Company will destroy personal information upon the Customer’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this agreement or is required to be maintained and/or stored in accordance with the law.
The Customer can make a privacy complaint by contacting the Company via e-mail. The Company will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Customer is not satisfied with the resolution provided, the Customer can make a complaint to the Information Commissioner at oaic.gov.au.

General

The failure by the Company to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Company’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
These terms and conditions and any contract to which they apply shall be governed by the laws of Western Australia, the state in which the Company has its principal place of business, and are subject to the jurisdiction of the courts in that state.
Subject to clause 9, the Company shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by the Company of these terms and conditions (alternatively the Company’s liability shall be limited to damages which under no circumstances shall exceed the Fare).
The Customer shall not be entitled to set off against, or deduct from the Fare, any sums owed or claimed to be owed to the Customer by the Company nor to withhold payment of any invoice because part of that invoice is in dispute.
The Company may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.
The Customer agrees that the Company may amend these terms and conditions at any time. If the Company makes a change to these terms and conditions, then that change will take effect from the date on which the Company notifies the Customer of such change. The Customer will be taken to have accepted such changes if the Customer makes a further request for the Company to provide any Services to the Customer.
Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
The Customer warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.
The Customer shall give the Company not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s name, address, contact phone or fax number/s, or business practice). The Customer shall be liable for any loss incurred by the Company as a result of the Customer’s failure to comply with this clause.

Personal Property Securities Act 2009 (“PPSA”)

In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPS
Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all collateral (account), being a monetary obligation of the Customer to the Company for Services that has previously been provided and that will be provided in the future by the Company to the Customer.
The Customer undertakes to:
- promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Company may reasonably require to:
  - register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
  - register any other document required to be registered by the PPSA; or
  - correct a defect in a statement referred to in clause 3(a)(i) or 13.3(a)(ii);
- indemnify, and upon demand reimburse, the Company for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any registration made thereby;
- not register a financing change statement in respect of a security interest without the prior written consent of the Company;
- not register, or permit to be registered, a financing statement or a financing change statement in relation to the Services in favour of a third party without the prior written consent of the Company.
The Company and the Customer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
The Customer waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
The Customer waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
Unless otherwise agreed to in writing by the Company, the Customer waives their right to receive a verification statement in accordance with section 157 of the PPSA.
The Customer must unconditionally ratify any actions taken by the Company under clauses 3 to 13.5.
Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions the PPSA.

Security and Charge

In consideration of the Company agreeing to provide Services, the Customer charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Customer either now or in the future, to secure the performance by the Customer of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
The Customer indemnifies the Company from and against all the Company’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising the Company’s rights under this clause.
The Customer irrevocably appoints the Company and each director of the Company as the Customer’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 14 including, but not limited to, signing any document on the Customer’s behalf.

Terms and Conditions – Passenger and Charter Services

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