Legal
Terms and conditions of booking
These terms apply to every tour, charter and transfer booked with Byron Bay Buses.
Your booking is accepted subject to these terms. By confirming a booking you accept that they apply. They cannot be varied by any employee, agent or representative. If we waive a term on one occasion, that does not waive it on any other.
1. Your rights under the Australian Consumer Law
Nothing in these terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law, contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Our services come with consumer guarantees that cannot be excluded, including that they will be:
- provided with due care and skill;
- fit for any purpose we have agreed with you; and
- supplied within a reasonable time where no time has been specified.
If we fail to meet a consumer guarantee you may be entitled to a remedy, which for a major failure includes cancelling the service and obtaining a refund. Where a term below appears to limit that, the Australian Consumer Law prevails.
2. Quotations and bookings
Prices are current at the time of quotation and remain subject to availability until a booking is confirmed. All quoted prices include GST at 10%.
A quotation is not a booking. We do not hold tentative bookings. A booking exists once we issue a written confirmation.
Your written confirmation will state the vehicle class, the itinerary, the total price including GST, what is included, and the cancellation terms that apply to your booking.
3. Deposits and payment
- Without a credit account: a deposit of 25% of the booking price confirms the booking. The balance is payable no later than four days before the date of travel.
- With a credit account: where the booking price exceeds your approved credit limit, a deposit equal to the difference is payable. Where it does not, no deposit is required.
- Customers outside Australia: full payment is required no later than seven days before the date of travel.
Card payments attract a surcharge of 1.75% of the transaction value for Visa and Mastercard. The surcharge reflects our cost of acceptance and is disclosed before you pay.
4. What is and is not included
Tolls and airport parking are included in coach rates. They are not included in city-to-city touring rates and will be charged in addition where incurred.
National park entry fees, venue parking and third-party admission charges are not included. Where we incur them on your behalf they are charged to you at cost.
Charges set by state authorities — tolls, parking, statutory fees — can change without notice. Where a new or increased third-party charge or tax applies between quotation and travel, that increase is payable by you. We will tell you before it is charged.
5. Changing a booking
Amendments after confirmation are subject to availability. Requests must be made in writing and are confirmed in writing.
An amendment fee of up to $50 may apply where substantial rescheduling is required, in addition to any third-party costs the change causes.
If you extend the duration of a booking on the day, additional hours are charged at the rate shown on your confirmation, along with any charges levied by venues or accommodation providers.
6. Cancelling a booking
If you cancel, the following fees may apply:
| When you cancel | Fee |
|---|---|
| More than 4 days before travel | Up to 25% |
| Within 4 days, but not on the day | Up to 50% |
| On the day of travel | Up to 100% |
The total cancellation fee will never exceed the value of the booking. Third-party cancellation charges — venues, accommodation, attractions — are payable in addition where they have been incurred on your behalf.
We do not offer refunds or credits for change of mind outside these fee bands. This does not affect your rights under the Australian Consumer Law: if we fail to supply the service, or fail to meet a consumer guarantee, you may be entitled to a refund or another remedy regardless of this clause.
If we cancel a booking for any reason other than your breach of these terms, you may choose a full refund or a rescheduled date at no additional cost.
7. Scheduling and delays
We will use our best efforts to depart, travel and arrive at the scheduled times. Road conditions, weather, traffic and events outside our reasonable control can affect this, and we do not guarantee specific arrival times.
When planning connections — particularly flights — allow contingency time, and consider travel insurance. Recommended departure allowances are published on our airport transfers page.
Where we monitor a flight number you have given us, we adjust an arrival pickup for a delayed flight at no additional charge.
8. Conduct on board
8.1 Dress
Passengers must wear a shirt, shorts, trousers or a skirt, and footwear.
8.2 Food, alcohol and smoking
Food and beverages may not be consumed on any vehicle without prior written approval. Where approval is given, a cleaning bond may be required. Smoking and vaping are prohibited on all vehicles by law, including in any onboard toilet.
Where alcohol is permitted on a party vehicle, that permission is at the driver's discretion and may be withdrawn during the booking. Bookings involving passengers under 18 are strictly alcohol-free.
8.3 Bulk storage
We do not offer refrigerated or bulk storage and do not carry bulk quantities of food, plant or animal products, for reasons of hygiene, pest control and passenger comfort. "Bulk" means more than a passenger could reasonably consume during the trip.
9. Luggage
You are responsible for your luggage, carry-on items and personal property. We are not liable for loss, theft or damage to luggage, except where the damage was caused by our negligence.
We may refuse to carry luggage that is unsafe, is a dangerous good or hazardous substance, is likely to be damaged in transit, or is likely to damage other property. Where we refuse carriage, alternative arrangements for that luggage are your responsibility.
Items left on a vehicle are held as lost property for 90 days while we make reasonable efforts to identify and contact the owner. Collection is the passenger's responsibility; freight costs to return an item are borne by the passenger. Items unclaimed after 90 days are disposed of at our discretion.
10. Accessibility, restraints and assistance animals
Tell us at the time of booking about mobility requirements, wheelchair access, child restraints or medical needs. Not every vehicle can meet every requirement, and we would rather tell you honestly before you book than send the wrong vehicle on the day.
Child restraints and boosters are available on request. Assistance animals travel free on every vehicle in the fleet.
11. Damage
You are responsible for damage to a vehicle caused by a passenger on your booking. You are not responsible for damage caused by us or our employees.
12. Right to refuse travel
We may refuse travel to, or remove from a vehicle, any passenger who:
- behaves in a disruptive, threatening or unlawful manner, or poses a risk to themselves, other passengers, our staff or property;
- on reasonable assessment appears to be under the influence of alcohol or another drug, or in possession of an unlawful substance;
- smokes or attempts to smoke or vape on board;
- fails to comply with any applicable law, regulation or lawful direction; or
- has previously breached these terms.
13. Liability
Where we breach a consumer guarantee, our liability is limited, to the extent permitted by law, to supplying the service again or paying the cost of having it supplied again. This limitation does not apply where it would be unfair or unreasonable for us to rely on it, and it does not apply to liability for death or personal injury.
Where third parties — venues, accommodation providers, attractions — form part of your booking, their own terms apply to their services, and we are not liable for their acts or omissions to the extent permitted by law.
14. Regulatory compliance
All charter and touring work is provided subject to the road transport, passenger vehicle and work health and safety regulations of the state in which the hire is conducted.
We will always comply with our legal obligations regardless of a client request to the contrary. This includes our right and duty to:
- refuse boarding to a person under the influence of alcohol or drugs;
- stop consumption of food, drink, alcohol or tobacco on board;
- allow the driver to act in the interests of passenger safety, whatever the consequence to the itinerary;
- observe speed limits and road rules irrespective of schedule pressure;
- stop to render assistance where it is in the public interest to do so;
- report to authorities any person endangering others, which may end the hire; and
- maintain legal driving hours and mandated rest periods for drivers.
Where a booking is affected because a driver has reached a legally mandated rest period, we will make alternative arrangements where possible. Fatigue management is not negotiable.
15. Complaints
If something goes wrong, contact us first: 0409 661 342 or bookings@byronbaybuses.com. We aim to acknowledge a complaint within two business days and resolve it within ten.
If you are not satisfied with our response you can contact the consumer protection regulator in your state — NSW Fair Trading, the Queensland Office of Fair Trading, or the ACCC.
16. Privacy
Personal information you give us is handled in accordance with our privacy policy and the Privacy Act 1988 (Cth).
17. Governing law
These terms are governed by the laws of Queensland, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Queensland and the Commonwealth of Australia. Where services are supplied in New South Wales, the passenger transport laws of New South Wales apply to that supply.
18. Contact
Waggie Pty Ltd, trading as Byron Bay Buses
14 Dakara Street, Southport QLD 4215
0409 661 342 ·
bookings@byronbaybuses.com
Monday to Saturday, 8:00am – 6:00pm AEST