In this agreement the following definitions apply unless the context requires otherwise:
‘CLM’ shall mean Chauffeur Link Melbourne.
‘Balance’ shall mean the amount due under the terms of this agreement, less any deposits paid.
‘Booking’ shall mean a period for which the hirer has committed to hire and the full amount of the hire has been paid.
‘Chauffeur’ shall mean the driver of the vehicle.
‘Deposit’ shall mean the amount due under the terms of this agreement to secure a reservation.
‘Employee’ shall have the meaning of any employee of CLM, including a driver or chauffeur employed by CLM or agency contracted to CLM .
‘Hire Charge’ shall mean the amount due at any time under the terms of this agreement.
‘Hire’ shall mean the period for which the vehicle has been hired or reserved for
‘Hirer’ shall be deemed to be the person who has signed the hire agreement and or the person responsible for the payment of the hire.
‘Party’ shall have the meaning person or persons accompanying the hirer as his or her guest or invitees.
‘Reservation’ shall be deemed to mean a hire where a deposit has been paid to hold the date, but the full amount has not been paid.
‘Vehicle’ shall mean any car or limousines supplied by CLM to the Hirer.
- All deposits are NON refundable.
- CLM is not liable in the event of mechanical breakdown while on charter. In the event that the vehicle is subject to an accident or mechanical failure, or is no longer safe to drive, then CLM shall endeavor to make alternative arrangements to get the Hirer to their destination. AWCC may at its discretion determine the method of onward travel; alternatively the Hirers may make alternative arrangements at their cost, for which no claim can be made against CLM. The Hirer specifically accepts that the hire is based on a best endeavors basis and therefore no specific guarantees can be made in terms of time, reliability of the vehicle and events out of the direct control of the Chauffeur or CLM.
- The client assumes full financial liability for any damage to the limousine caused during the duration of the Hire by them or any members of their party. A fee of $300 applies for each carpet or seat burn. Sanitation fee is $250. Drug use is prohibited by law. The driver has the right to terminate the run without refund if there is blatant indiscretion on the part of the Hirer or related Parties. Smoking is not permitted in our Vehicles.
- Overtime charges will apply after the scheduled booking time. This is calculated in 15 minute increments. CLM may at it’s discretion choose to waive this charge.
- CLM is not responsible for delays or the termination of the hire in Winter due to unsafe road conditions.
- CLM is not responsible for any articles left in our Vehicles.
- Vehicles cannot be loaded beyond seating capacity.
- Making this booking assumes automatic acceptance of these terms and conditions as found on our website.
- Cancelation fees will be incurred for all sedan transfers if they are cancelled within 2 hours of the booked time. Cancellation fees will be charged for all van and minibus transfers if they are cancelled within 24 hours. Cancellation fees for special vehicles vary and you will be advised on booking the vehicle.
- Change of times and date may incur an additional administration fee. This is at the discretion of CLM.
- The Hirer is responsible for the proper behavior of all passengers and will be considered responsible for all damage caused to the vehicle howsoever caused. This includes incitement or behavior resulting in the damage to the Vehicle or its contents by a third party. It is an express condition of the Hire that the Hirer accepts this responsibility.
- The Hirer holds CLM harmless of any liability for any personal or material damages arising from the conduct of his or her party.
- The Hirer is responsible for the general conduct and behavior of his or her party. The consumption of food and alcohol is not permitted in any Vehicle unless specific agreement has been made to the contrary at the time of the booking and agree in writing. Underage drinking is not permitted as it is against the Law. The Hirer accepts responsibility on behalf of the Hirer’s party for any losses of the property of CLM that is provided in the Vehicle for the benefit or pleasure of the passengers.
- If the Hirer doesn’t show up for a Booking it is considered to be a ‘No Show’. All No Shows incur a 100% cancellation fee.
- The Hirer accepts that CLM adopts a strict no smoking policy in all of its Vehicles and that failure to adhere to his policy will result in the immediate termination of this agreement without any refund.
- It is a legal requirement that all passengers wear a seatbelt where fitted. All of our Vehicles are fitted with seatbelts up to the maximum number of passengers allowed by law. Therefore, all passengers must wear a seatbelt. The Hirer specifically indemnifies CLM and the Chauffeur against any fines imposed as a consequence of the passengers failing to comply with this legal requirement.
- CLM does not permit the taking of any illegal drugs or partaking of any illegal activities while in the Vehicle. Failure to abide by this condition will result in the immediate termination of the Hire without compensation.
- The Hirer expressly accepts that except in an emergency only the Chauffeur may open and close doors. This is a safety precaution to minimize the risk of accidents and damage to the vehicle. CLM will not be held responsible for accidents caused as a consequence of the Hirer or his or her party failing to adhere to this condition and the Hirer accepts responsibility for any damage to the Vehicle or any third party as a result of the Hirer of Hirer’s party failing to adhere to this condition.
- Where the Hirer has asked for a child safety seat to be fitted it is the responsibility of the Hirer to ensure that the seat is correctly fitted before placing an infant into the seat. If the Hirer does not consider that the seat offers sufficient protection or that it is not fitted correctly the Hirer shall not allow the infant to travel.
- Irresponsible behavior which could give rise to damage to the Vehicle or endanger the safety of other passengers will not be tolerated in any form. This includes but is not limited to: sitting on the exterior of the vehicle, hanging out of the windows, shouting abuse to other road users or pedestrians out of the window, rudeness or intolerance with the Chauffeur, misuse of equipment, fixtures or consumables within the Vehicle and willful damage to the interior generally. Such behavior may at the sole discretion of the Chauffeur, CLM or its employees result in the immediate termination of the Hire without compensation. In addition, the Hirer shall be held liable and responsible for any loss, howsoever caused by the irresponsible behavior of his or her party.
Limitations of Liability
- The Hirer accepts and indemnifies CLM and its employees against any loss, consequential or otherwise as a result, direct or otherwise, of a failure to meet time deadlines. Ti is entirely the responsibility of the Hirer to ensure that there is adequate time to travel to and from destinations. CLM and or its employees will provide advice, but this does not form any part of a contract between the Hirer, the Hirer’s or CLM and it’s employees. Furthermore the Hirer indemnifies CLM against any and all claims as a result, direct or otherwise, consequential or otherwise, of a failure to arrive at the destination at the appropriate time or at all.
- The Hirer expressly accepts that in car entertainment, where fitted, such as television screens, video and DVD equipment is provided as a courtesy and its use and/or availability does not form part of the Hire. In the event that any equipment fitted to the Vehicle malfunctions prior to or during the Hire CLM accepts no liability whatsoever and no compensation shall be provided in such instances, nor will CLM accept any claims for a refund.
- CLM assumes no responsibility nor does it provide any guarantees whatsoever for ensuring that the Hirer arrives at his or her destination on time. It is entirely the responsibility of the Hirer to determine whether the Vehicle has been hired for a period sufficient to cover eventualities such as, but not limited to, traffic accidents, roadwork’s and peak traffic periods. In addition the Hirer is responsible for ensuring that the Hirer commences at a time which allows for such eventualities. CLM will not provide any refunds for such eventualities and any additional time over and above the Booking may be charged at the appropriate rates.
- CLM reserves the right to change the specification of the Vehicle at any time, provided that where the replacement Vehicle if of lesser value or specification an appropriate adjustment is made in favor of the Hirer. CLM undertakes to use its best endeavors to ensure that the Vehicle booked is the one provided for the Hirer. Although CLM rarely does so, CLM reserves the right to sub-contract any Hire to a third party without reference to the Hirer. In such circumstances CLM will be responsible for any payment to the third party of charges relating to the Standard Hire.
- Time permitting the Chauffeur may be willing to collect additional passengers subject to the maximum that the Vehicle can carry at alternative locations. However any additional mileage or time shall be charged to the Hirer. While CLM will attempt to accommodate any last minute changes, the final decision will remain with the Chauffeur and the Hirer expressly accepts this arrangement.
- Where a Hirer extends beyond the period of a Booking for whatever reason including but not limited to traffic jams, accidents and diversions, the Hirer accepts that additional time and mileage shall be charge to the Hirers account.
- In the event that the Vehicle has been left in an unreasonable condition by the Hirer or his or her party, then CLM reserves the right to charge for the cost of cleaning. Such circumstances that could give rise to this charge include but are not limited to, spillage of food or drinks, and illness. The minimum cost of cleaning is $195, but this amount could increase dependent on the consequent damage. The responsibility for reimbursement of such cost is that of the Hirer.
- Additional charge of 5% being for credit card transactions and administration fees will be charged on any and all charges paid by credit card where the Hirer does not hold an account with CLM.