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Busbee (Aust)

Terms And Conditions Of Trade

As At

These Terms and Conditions of Use ("Terms") apply to you if you pre-book and purchase a shuttle bus ticket online via this Website or the Busbee App.

Please read these Terms carefully before proceeding as these Terms create a legally binding agreement between you and the Company to govern your booking. These terms affect your legal rights and obligations.

  1. Acceptance of Terms and Registration
    1. Registration
      1. Registration entitles the User to purchase Tickets under clause 2 which confers
        1. Shuttle rights under clause 3; and
        2. Car parking privileges under clause 4 (if applicable)
      2. for the days that tickets are purchased.
      3. To purchase a shuttle ticket, you must register an account with the Company.
      4. When you register an Account you irrevocably agree to accept our Terms.
      5. If you do not accept these Terms, please do not proceed with setting up an Account.
    2. User Accounts
      1. Each user must register their own account.
      2. Children aged 2-18 must register their own account which must be operated by their legal guardian.
      3. User registration must contain the following details:
        1. your full name;
        2. residential address;
        3. email address or mobile telephone number.
    3. User Accounts and Tickets are not assignable.
      1. The Company reserves the right to conduct random ID checks to verify your identity.
      2. If the identity provided during a random ID check does not match the user Account details you are in breach of this agreement and must vacate the car park or shuttle (as the case may be).
    4. User Account Warranties

      By creating an Account, you warrant to us that:

      1. you have attained the age of majority and have the legal capacity to enter into contracts on your own behalf or you are the legal guardian of the child that you have created an account for;
      2. all personal information provided to us is true and correct;
      3. you are the authorised email account holder or mobile phone owner; and
      4. if your information changes, you are required to update your Account details.
  2. Purchase of Tickets
    1. Purchase of Ticket Information for Adults
      1. Credit can only be purchased online by making a booking through your Account using a valid credit card.
      2. To purchase a Ticket you must select the available:
        1. route you wish to travel; and
        2. time you wish to depart.
      3. Each time you successfully book a Ticket, the Ticket price will be deducted from your nominated account.
      4. You acknowledge that Tickets cannot be bought through the car parking attendant or bus driver.
      5. Tickets may be purchased as they are made available on the website and any time up until the time of the departure of the shuttle.
      6. When booking a Ticket, you are advised to allow enough time to account for traffic and other delays out of the control of the Company.
      7. A booking is confirmed only when you receive a confirmation booking number via the website. A copy will also be emailed to your nominated email address.
    2. Purchase of Ticket Information for Minors
      1. Minors under the age of 18 months are not required to book a Ticket and may travel free of charge when nursed by an accompanying adult.
      2. Persons under the age of 18 must be accompanied by an adult and must purchase a full fare Ticket.
    3. Payment
      1. Ticket prices are published on the Website and subject to change at the sole discretion of the Company.
      2. All transactions are processed in AUD currency (inclusive of GST).
      3. All payments are processed through eWay who are tier-one PCI DSS compliant, for the processing, handling and storing of sensitive credit card information.
      4. It is your responsibility to ensure that your credit card details are correct (e.g. correct card number, amount) and securely passed to the eWAY server.
      5. You warrant to the Company that you are authorised to use the credit card provided.
    4. Interruption to Website
      1. The Company does not warrant the functionality of the website or that the Website will be available, uninterrupted or error free, or corrected if erroneous.
      2. You acknowledge and agree that you have no right to compensation for any loss or damage that you suffer by reason of being unable to book a Ticket on the Website.
    5. Internet Security
      1. The Company shall take all reasonable measures to ensure that the Website is free of software viruses and spyware.
      2. The Company takes no responsibility for any loss or damage suffered by you from the use of the Website caused by software viruses and spyware contained on any computer that you log into.
  3. Shuttle Service
    1. Service Offered
      1. The Company offers a shuttle bus service for the route and time that you select when booking a Ticket.
      2. The Company reserves the right to change the shuttle service times and pick up and drop off locations.
    2. Boarding the Shuttle
      1. A confirmation number or a print out of your booking must be presented to the parking attendant and/or bus driver prior to boarding the shuttle.
      2. You acknowledge that you are only entitled to the seat that you were allocated at the time of booking.
    3. Luggage
      1. Each Ticket entitles the passenger to one carry on bag (ie: briefcase, hand bag).
      2. Luggage and goods are to be carried at your own risk and the Company will not be liable for any loss or damage to any luggage or personal effect whether or not such loss or damage is suffered or is caused by anything occurring before, after or in the course of any journey.
    4. Services Provided on Shuttle
      1. Television and Wi Fi are available on all shuttle services.
      2. The company does not warrant that these services will always be operable and no refund or discount shall be applied if either of these services are not operating on any shuttle service.
    5. Customer Conduct
      1. At the Pick-up Location you agree to:
        1. behave respectfully to any service provider and other passengers of the Company;
        2. abide by any rule or sign that the Company may have imposed including any areas designated as non-smoking.
      2. On board the shuttle:
        1. The following are strictly prohibited:
          1. Eating;
          2. Drinking;
          3. Smoking;
          4. Consuming alcohol or illicit drugs.
        2. The Company reserves the right to refuse a passenger for any reason including but not limited to a passenger appearing intoxicated or under the influence of illicit drugs or being abusive to any passengers or service providers.
    6. Failure to Board The Shuttle

      If you fail to board the shuttle at the departure time that you selected when booking your Ticket, the Company will make all reasonable attempts to honour your Ticket on the next available shuttle service.

    7. Disclaimer by the Company
      1. The Company provides no guarantee that there will be Tickets available at your desired time of travel.
      2. The shuttle route is at the sole discretion of the bus driver and may vary from time to time.
      3. The Company may engage 3rd parties to operate the shuttle service and shall not be liable for any loss or damage arising out of or in connection with, whether directly or indirectly, any action of the 3rd party.
      4. The Company warrants that it will do all in its control to ensure that departures remain on schedule but it does not guarantee that you will arrive at the destination at the designated time and takes no responsibility for delays in traffic and other factors out of the control of the Company.
  4. Car Park
    1. Car Parking Facility at Pick Up Location
      1. The User acknowledges that:
        1. the Company does not maintain Car Parking Facilities at all Pick Up Locations;
        2. the availability of Car Parking Facilities at the Pick Up Location selected by you will be disclosed on the Website when you purchase a Ticket;
        3. if Car Parking Facilities are not available at the relevant Pick Up Location, it is the User's responsibility to arrange their own travel arrangements to and from the Pick Up Location.
      2. If the Car Parking Facility is available, you irrevocably agree to accept the terms of clause 4.1(c) to 4.5 below.
      3. If the Car Parking Facility is available:
        1. it will be a selectable option when purchasing your Ticket pursuant to clause 2.1 above;
        2. there will be an additional fee for the use of the Car Park; and
        3. you must provide the Company with your car details including make, model, insurer and license number.
    2. Car Parking License
      1. Each shuttle booking which includes the use of the Car Parking Facility entitles you to a license to use 1 car bay at the Pick up Location (one entry and one exit to the car park) on the day of your shuttle booking.
      2. The car bay license is valid for the day of your shuttle booking only and does not entitle you to leave your car overnight.
    3. Operating Hours
      1. The car park shall be open from:
        1. 5am to 8.30am; and
        2. 4pm to 7pm
        Monday to Friday excluding public holidays ("the operating hours").
    4. Use of Car Park
      1. When you have parked your vehicle, it is your sole responsibility to ensure:
        1. your vehicle is securely locked;
        2. all windows are fully closed;
        3. your handbrake is applied properly;
        4. your steering lock, alarm or immobiliser are engaged;
        5. no animals or persons remain in your car;
        6. valuable possessions are not on visible display.
      2. You must obey the following rules in the car park at all times:
        1. drive carefully and responsibly;
        2. obey speed limits;
        3. not cause any obstructions or park across more than one bay;
        4. comply with all parking signs and directions of the parking attendant;
        5. not store any dangerous or illegal objects in your car.
      3. You agree that your use of the car park is at your own risk. We do not accept any responsibility for any loss or damage whatsoever to your vehicle or the possessions within it and the Company and car parking attendant do not hold any items for safe custody.
      4. If a disabled bay is required, this must be specified at the time of booking and a current Acrod sticker must be displayed at all times.
      5. Your car may be towed for any of the following reasons;
        1. you have breached a Term of this agreement;
        2. you are parked illegally;
        3. you have abandoned your car;
        4. it is necessary to move your car because of a safety risk.
      6. If your car is towed pursuant to clause 4.4(e) above, you agree to pay the Company's reasonable costs for towing, storage of your vehicle and any recovery costs (if applicable).
    5. Access to Car Park Outside Operating Hours
      1. The car park will be closed outside of the car park operating hours.
      2. If you need access to your vehicle:
        1. between the hours of 8.15am and 4.15pm, then the attendant on site will allow access to your car for no fee;
        2. between the hours of 7.00pm and 5.00am weekdays or at any time on a weekend, then you may contact the Company to arrange for access to your vehicle
        3. PROVIDED that you can provide acceptable evidence of a valid Ticket and ownership or entitlement to use of the vehicle.
      3. If you need access to the car park pursuant to clause 4.4(b)(ii) above, a call out charge (as published on the Website) will be applicable and payable at the time of access.
      4. The contact number for access to the car park outside of the operating hours shall be published on the Website.
  5. Our Obligations
    1. We agree that we will use all reasonable endeavours to:
      1. make alternative transport arrangements in a timely manner should a shuttle service be interrupted for any reason;
      2. ensure that a car space is available in the car park for the day of your nominated booking (if clause 4 is applicable).
    2. Nothing in these Terms limits, restricts, or excludes the consumer guarantees and rights provided to consumers under the Competition and Consumer Act 2010 (Cth).
    3. To the fullest extent permitted by law:
      1. all other implied guarantees or warranties not guaranteed under the Australian Consumer Law are, to the fullest extent permitted by law, expressly excluded; and
      2. the remedies and/or compensation available to you are limited to those guaranteed under Australian Consumer Law, and we are not otherwise responsible for, and you release us from, liability from any loss or damage, including without limitation, loss of profits, loss of opportunity, loss of reputation, and any indirect or consequential loss caused or contributed to by the breach of any obligation, warranty or condition or by negligence.
  6. Indemnity

    You agree to indemnify the Company against any loss or damage suffered which is caused or contributed to by you, including without limitation arising out of your negligence or breach of these Terms.

  7. Privacy Statement
    1. The activation of your account and use of the online booking system will include the collection and retention of the information that you provide to us.
    2. The Company acknowledges that the information gathered by the Company from you is private information subject to the Privacy Act 1988 (Cth).
    3. The personal information that we gather from you will be used by the Company for the purposes of:
      1. creating and maintaining your Account; and
      2. charging your credit card to pay for booking purchases.
    4. The Company warrants that your personal information will only be used in accordance with the permitted use under these Terms and personal information will not be provided to third parties without your consent unless the disclosure is required by law or reasonably necessary to investigate a suspected unlawful activity.
  8. Applicable law

    These Conditions shall be governed by and construed in accordance with the Laws of the State of Western Australia and the Customer agrees to submit to the jurisdiction of those Courts.

  9. Interpretation
    1. The terms defined have the same meanings when used throughout this document.
    2. Unless the contrary intention appears:
      1. a reference to these Terms or any other document includes any variation or replacement of it;
      2. a reference to 'you' or 'your' refers to the Account holder;
      3. the singular includes the plural and vice versa;
      4. "Account" means an account that is established on the Busbee (Aust) website after registration;
      5. "the Company" means Busbee (Aust);
      6. "Pick-up Location" refers to the depot or station where the shuttle departs from on the route that you have selected when booking your Ticket;
      7. A "Ticket" refers to a return shuttle ticket for the route, time and seat that you select when making your booking and includes a car bay license at the Pick-up Location for the day that the shuttle is booked;
      8. "Website" means and includes the Busbee App for both IOS and AOS;
      9. "Weekdays" means Monday to Friday, excluding public holidays.
      10. a reference to time shall mean Western Standard Time
      Headings are inserted for convenience and do not effect the interpretation of these terms.