The hire of a vehicle for any charter is subject to these Terms and Conditions unless a specific written agreement has been agreed upon between the client and WA Bus & Coachlines Pty Ltd T/A Horizons West Bus and Coachlines ABN 67 662 814 173 (Horizons West).
Client, customer, or passenger refers to any and all parties and entities which have entered into this agreement with Horizons West. By placing a booking with Horizons West, the client acknowledges that they have read, understood, and agree to accept the Terms and Conditions as detailed below.
1. Conditions of Quotations
1.1. The person requesting a quotation and/or making a subsequent booking must be at least 18 years of age.
1.2. Quotations are valid for a period of 30 days from the date of issue subject to vehicle availability. A quotation may be withdrawn by Horizons West without notice in circumstances where:
1.2.1. the price quoted cannot be honoured for reasons outside of Horizons West’s control. Factors may include but are not limited to fuel surcharges, insurance increases, etc;
1.2.2. an obvious error has occurred with the quoted price.
1.3. In circumstances where a quotation is withdrawn, Horizons West reserves the right to advise the client of the error, provide an amended price, and to void any booking if the quote has already been accepted or confirmed by the client.
1.4. It is the responsibility of the client to check that all details provided in the quotation are correct. Horizons West accepts no responsibility for the accuracy of customer itineraries.
1.5. No bookings are made when a quotation is provided. Horizons West does not accept tentative bookings.
2. Bookings
2.1. The ‘Booking Confirmation’ which the client receives is a legally binding contract or ‘Charter Agreement’ between client and Horizons West.
2.2. Once the client has confirmed the booking via email or phone, Horizons West will send an email confirmation.
2.3. It is the responsibility of the client to ensure that the ‘Booking Confirmation’, once received, is accurate and complete. Any discrepancies found in the Booking Confirmation must be communicated to Horizons West as a matter of urgency.
2.4. No amendments can be agreed upon with a Horizons West driver. All amendments to a booking must be made in writing and sent to bookings@horizonswest.com.au. The driver does not have the authority to bind Horizons West to any agreement with the client in any manner whatsoever.
2.5. For some charters, it may be necessary to have accommodation and meals provided for Horizons West driver/s. The costs associated with providing accommodation and meals for drivers, unless prior arrangement has been made, shall be borne by the client. Horizons West will notify clients in advance if such requirements are necessary, and the expected cost of such requirements.
3. Payment
3.1. Pre-payment is required for all non-account holders.
3.2. The client must send through estimated final numbers at least 3 weeks prior to the charter date, where possible. The final invoice will be based on the estimated final numbers and must be paid in full at least 10 working days prior to the charter date.
3.3. If full and final payment has not been received by Horizons West 10 working days prior to the charter date, and attempts to reach the client are not successful, the vehicle will not be dispatched from Horizons West depot. This will be considered to be a cancellation of the booking and dealt with in accordance with section 4 below.
3.4. Account holders are required to pay as per the payment terms listed on the invoice.
3.5. Payments can be made by EFTPOS, bank transfer, or any widely accepted Credit Card (1.8% surcharge applies).
3.6. In the event the client seeks to include additional passengers on the charter which exceeds the numbers already paid for, it is at Horizons West’s sole discretion whether it accepts the additional guests in whole or in part. If it does so, the client must pay for additional guests prior to departure of the charter. In the event of non-payment for additional guests, Horizons West reserves the right to cancel the charter in its entirety. At its absolute discretion, Horizons West may choose to defer departure until such time as the number of guests on board conforms to the payments already received. The charter will not be extended beyond the contracted term because of any delays in dealing with boarding and payment for additional guests and the sourcing of additional resources because of additional guest numbers.
4. Cancellation
4.1. Cancellation of bookings must made in writing by the client to Horizons West via email to bookings@horizonswest.com.au. Please ensure that a confirmation of the cancellation has been received. Horizons West does not accept phone cancellations.
4.2. If a client wishes to cancel a booking for any reason other than breach of Charter Agreement by Horizons West, and subject to any rights a client may have under Australian Consumer Law, cancellation fees will apply.
4.3. Horizons West, at its absolute discretion, may charge the client a cancellation fee in line with the following notice periods:
4.3.1. Cancellations greater than 48 hours prior to the charter date: No cancellation fee;
4.3.2. Cancellations between 24 and 48 hours prior to the charter date: Cancellation fees equal to 50% of the total charter fees; and
4.3.3. Cancellations within 24 hours of the charter date (including under clause 7.4): 100% of the total charter fees.
4.4. Cancellation fees have been calculated with reference to the reasonable costs incurred by Horizons West as a result of the cancellation, and the likelihood that Horizons West will be able to re-book the cancelled booking.
4.5. In the event that Horizons West is unable to provide a vehicle to meet all or part of the client’s booked requirements due to reasons of emergency, vehicle unavailability, or other reason, Horizons West will take all reasonable measures to provide a replacement or alternative solution.
4.6. In the event that Horizons West is unable to provide a replacement or alternative solution, Horizons West reserves the right to return all monies paid and, without liability, cancel the booking providing the client with as much notice as possible. In such circumstances, and subject to a client’s rights under the Australian Consumer Law, Horizons West shall have no liability for any inconvenience or loss incurred and will not be held liable for any direct or consequential loss however so arising.
4.7. If Horizons West is forced to cancel the whole of or any part of the intended charter by reason of any event outside of Horizons West’s reasonable control (including acts of god, public health order, restriction imposed by state or federal government, strike, lockout or stoppage or restraint of labour or government, insurrection, boycott or industrial unrest, piracy, hostilities, warlike operations, civil war, revolution, rebellion, disruption of travel services, government travel advisories) (Force Majeure Event), Horizons West is not obligated to provide a substitute vehicle for the charter or to continue the charter. Subject to any entitlement the client may have under Australian Consumer Law, a Force Majeure Event does not give rise to any claim against any member of Kelsian Group Limited by the client or passengers for any breach of these terms.
4.8. Where a Force Majeure Event leads to a complete cancellation of the charter prior to the charter date, then at the client’s election, Horizons West will either reschedule the charter to another date acceptable to both parties, or refund to the client any fees paid for the charter within 30 days of the cancellation.
4.9. Where a Force Majeure Event leads to a partial cancellation of the charter either prior to the charter date or during the charter, Horizons West will refund to the client a portion of the fees paid for the charter for any services not provided (less any sunk costs and expenses of Horizons West), within 30 days of the cancellation.
4.10. If the client cancels the charter due to a Force Majeure Event, Horizons West will not impose any cancellation fees, and will, at the client’s election, either reschedule the charter to another date acceptable to both parties, or refund to the client any fees paid for the charter within 30 days of the cancellation.
5. Additional Charges
5.1. Late departures will incur a fee calculated at $30.00 excluding GST for every 15-minute delay.
6. Conditions of Travel
6.1. The client acknowledges that during the charter period the vehicle will be and remain under the complete control of Horizons West and that the direction and control of the vehicle and any Horizons West staff is always the sole responsibility of the driver of the vehicle.
6.2. The client acknowledges that the driver always has the sole and absolute discretion to take whatever action is necessary to protect and maintain the safety, welfare and good order of the vehicle, its passengers, and Horizons West staff.
6.3. Passengers are required to conduct themselves in a manner acceptable to normal community standards and in accordance with Horizons West’s code of conduct and lawful directions.
6.4. Aggressive or disorderly conduct displayed toward any other passengers or Horizons West staff will not be tolerated.
6.5. Passengers must not have any part of their body outside of the bus, and must not throw any objects or items from the bus.
6.6. Consumption of alcohol, cigarettes and illegal drugs is not permitted on Horizons West’s buses.
6.7. Passengers are prohibited to carry firearms, explosives, fireworks, and any other dangerous, flammable or illegal items/goods on any part of a passenger/person or the vehicle.
6.8. All items brought on to the vehicle must meet any requirements specified by Horizons West and may be inspected by Horizons West. Horizons West may refuse to allow any item to be carried on the vehicle that does not meet its requirements or is otherwise unacceptable to Horizons West.
6.9. Passengers may be refused entry to the vehicle or Horizons West premises, or required to disembark at any time during transit, if they breach clauses 6.3 to 6.8 (determined at Horizons West’s discretion, acting reasonably), Passengers or the client will not be eligible for a full or partial refund of any fees paid if a passenger is refused entry to or removed from the vehicle or any other venue for any reason.
6.10. Any costs incurred by the passenger/s as a result of refusal to board or removal during transit will be the sole responsibility of the passenger/s.
6.11. Any passenger that requires more than reasonable assistance from the driver to board/disembark may be required to be accompanied by a carer. Any assistance above what is reasonable in the circumstances from the driver is at the driver’s discretion to avoid injury to the driver. If you require assistance with boarding/disembarking you may contact us prior to your journey to discuss adjustments.
6.12. Registered guide dogs and assistance animals are permitted to travel with their owner. Prior advice when booking is requested. Pets are not permitted on Horizons West’s buses.
6.13. All property carried by the client and passengers, either in the luggage storage compartment or on board, are at the client’s and passengers’ own risk. Subject to any entitlement you may have under Australian Consumer Law, Horizons West does not accept liability for goods lost, stolen or damaged either during transit or at pickup/drop off locations, except in circumstances where such loss, theft, or damage is as a direct result of Horizons West’s negligence.
6.14. The client warrants that any luggage or goods carried on board or stored in the luggage compartment will not cause, either directly or indirectly, any damage or harm to other passengers, other passengers’ effects or cause damage to the property of Horizons West. The client indemnifies Kelsian Group Limited and its related entities (of which Horizons West is one) against all losses and expenses incurred by Kelsian Group Limited and its related entities because of any damage or harm caused by the client’s luggage or goods.
6.15. Passengers are asked to take all passenger items with them at the completion of the charter. Any food and other perishable items (e.g., cake) will be disposed of immediately after the charter. All other items will be handled in accordance with the Disposal of Uncollected Goods Regulations 1971 (WA).
6.16. The client is always responsible and liable for the conduct of passengers, and is liable for damage caused to the vehicle, fixtures, fittings, or its contents whether sustained by their own actions, or through the actions of their passengers.
6.17. Horizons West will endeavour to honour its commitments relating to departure and arrival times but will not be held liable in the event that times are unable to be met as a result of road, traffic, weather conditions or any other event outside of Horizons West’s reasonable control that would reasonably cause a delay.
6.18. Horizons West reserves the right to vary schedules and prices without notice. Bookings made prior to any changes will be honoured and every endeavour will be made to notify the clients with valid bookings of changes to the schedules. Where we vary schedules without notice, you may be entitled to a full or partial refund of any fees paid in accordance with Australian Consumer Law. In all other circumstances, any refund is at Horizons West’s discretion.
6.19. Upon request, audio and video content in the client’s possession can be played on board of the vehicle (and where such content is captured on a physical medium, will be returned to the client upon completion of the service). The client warrants, and it is a condition of these Terms and Conditions, that any audio and video content played on board the vehicle is done so without infringing any third party’s rights (including intellectual property rights). The client indemnifies Kelsian Group Limited and its related entities for any claim, loss or damage which may be incurred by Kelsian Group Limited and its related entities as a result of playing the client’s audio and video content.
6.20. Horizons West is not a common carrier and reserves the right to refuse to carry any passenger; luggage or goods it considers will compromise the safety of the vehicle or any passenger, or the comfort of any passenger.
7. General Terms
7.1. Bookings made are based on passenger numbers and not on vehicle type, unless specifically requested. Where specific vehicles have not been requested and agreed to, the client may receive a different configuration/combination of vehicles on the day of the charter in comparison to what was previously advised on the booking confirmation.
7.2. Horizons West bus drivers will obey road speed restrictions irrespective of unscheduled delays in transit.
7.3. Horizons West bus drivers must maintain legal driving hours and driver rest periods in line with current regulations.
7.4. Horizons West bus drivers will remove waiting vehicles from pickup points if the vehicle and driver have been waiting in excess of 20 minutes for the passengers. The driver may be required to remove the vehicle from the pickup points without notification by the passenger group at Horizons West’s discretion. Removal of waiting vehicles may result in cancellation of the booking if Horizons West is not able to provide another vehicle on the client’s request, due to operational commitments.
7.5. Any issues arising from the service provided by Horizons West must be received in writing within 30 days of the service completion date for an official response. Issues or compensation claims made after this time may not receive a response.
8. Australian Consumer Law
8.1. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failure with the services, you are entitled:
8.1.1. to cancel your service contract with us; and
8.1.2. to a refund of the unused portion, or to compensation for its reduced value; and
8.1.3. to be compensated for any other reasonable foreseeable loss or damage.
8.2. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
8.3. In circumstances where the Australian Consumer Law does not apply to the provision of services to you, then to the greatest extent possible, any liability of Kelsian Group Limited or its related entities for any loss or damage, however caused (including by our negligence), suffered, or incurred by you or any passenger:
8.3.1. in connection with the services are limited to, at Horizons West’s election:
8.3.2. the fees paid by you for those services; or
8.3.3. the resupply of those services; and
8.3.4. in connection with loss or damage to property or belongings taken aboard the vehicle is limited to $100.
8.4. To the greatest extent allowable at law, Kelsian Group Limited and its related entities are not liable for any loss or damage, however caused (including by our negligence), suffered, or incurred by the client or passenger in connection with:
8.4.1. the client’s or passenger’s failure to comply with these terms and conditions;
8.4.2. the client’s or any passenger’s failure to comply with any reasonable direction given by the driver or Horizons West staff;
8.4.3. Force Majeure Events and events that are outside of the reasonable control of Kelsian Group Limited or its related entities, including where such events lead to cancellation of services or deviations or delays in the services; or
8.4.4. the acts or omissions of any third party of independent contractor.
8.5. To the greatest extent allowable at law, Kelsian Group Limited and its related entities are not liable for any death or injury to any person which occurs and is attributable to or associated with the client’s or any passenger’s:
8.5.1. failure to follow any reasonable direction given by the driver or Horizons West staff;
8.5.2. failure to comply with these Terms and Conditions;
8.5.3. failure to comply with any warning sign;
8.5.4. unreasonable or unsafe behaviour;
8.5.5. wilful misuse of the equipment or facilities of the vehicle; or
8.5.6. intoxication or the use of prohibited drugs (including prescription drugs used outside of a prescription).
8.6. Nothing in these terms and conditions exclude or limits Horizons West’s liability in respect of:
8.6.1. death or personal injury caused by Horizons West’s negligence or wrongful act; and
8.6.2. fraud or fraudulent misrepresentation, except to the extent such liability is contributed to by the client or a passenger.
8.7. The client indemnifies Kelsian Group Limited and its related entities against all penalties, fines, charges, losses and expenses imposed upon or incurred by Kelsian Group Limited and its related entities because of the client’s acts or omissions or the acts or omissions of a minor or any other person in the care or control of the client or any passengers or guests of the client.
9. Enforceability
9.1. These Terms and Conditions are governed by the laws of Western Australia, and where applicable, the Commonwealth of Australia.
9.2. If any provision, clause or term of these Terms and Conditions is deemed illegal, invalid or unenforceable for any reason whatsoever, that term or provision shall be declared void but all other terms will remain valid.
9.3. The Terms and Conditions shall apply whether the agreement is verbal or written and shall enter into force immediately upon Horizons West accepting a booking from the client.
9.4. Specifying anything in these Terms and Conditions after the words ‘include’ or ‘for example’ or similar expressions does not limit what else is included.
10. Privacy
10.1. Horizons West values your privacy. For full details about how we deal with personal information, please read our privacy policy available here.