TERMS AND CONDITIONS OF SERVICE

Last updated 13th August 2022.

In these terms and conditions of service Premier Shuttles & Tours shall mean J & G FNQ PARTNERSHIP PTY LTD

1) Our Service

Premier Shuttles & Tours is a Trading Name of J & G FNQ PARTNERSHIP PTY LTD which is a Queensland family owned and operated business specialising in personal transport. We have many years of experience operating in Far North Queensland.

2)Queensland Covid Safe Travel and Alerts link

https://translink.com.au/travel-with-us/COVID-19

a) COVID-19 Cancellations: We offer a credit for 100% to be used within 12 months or a refund according to our cancellations policy. See Cancellations Policy.

b) Premier Shuttles & Tours operates according to Queensland government
regulations applicable from time to time. We encourage passengers who are not comfortable travelling with others to use our Private Transfer Services for
improved social distancing.

c) The following is our policy for using our shared shuttle services.

i) Normal seats in shared bus commenced on 1 August 2020. Passengers wishing to maximise physical distancing are recommended to utilise our private transfer service with no other passengers.

ii) Hand sanitiser is provided for all passengers which is available when entering the shuttle.

iii) All shuttles are cleaned and sanitized regularly.

iv) All drivers wear masks when required by local laws.

v) Masks are available to passengers at a nominal fee.

vi) Our booking system automatically maintains contact details for all passengers.

3)Changes less than 24 hours before travel

All changes made less than 24 hours before travel incur a charge of 20% to cover the administration costs. We encourage all passengers to minimize changes as this requires changes to all resources including drivers, administration staff, and vehicle requirements. We understand that changes made by Airline companies affect our passengers and will do everything possible to ensure smooth transfers for our customers.

4)Telephone contact

a) It is very important that you’re contactable on your phone while in the Cairns Airport Terminal. Please contact your shuttle on the phone number provided in your booking confirmation. If your driver is not visible proceed to baggage carousel 1 after collecting your bags.

b) Your booking confirmation emailed to you has the shuttle contact information and other important details. Please keep this handy as it will be required by your driver to confirm all the details.

c) We try to keep contact to a minimum as you would appreciate, we have many passengers to manage. Therefore, only contact us if there is a change to your plans as detailed in the booking confirmation. We will follow the details on your booking confirmation for pick up times. For pick up on your return trip please ensure you are ready and waiting at least 10 minutes before the specified time

5)Payment is required in full

a) Payment in full will be processed on your nominated Credit/Debit/Payment only after your reservation is confirmed. The booking confirmation will only be issued once payment has been processed.

b) Your payment will not be processed if the booking is not available. Online bookings may not be possible less than 24 hours before your required booking time.

c) Liability is limited as per our Refund Policy as specified herewith.

6)Refund Policy – Maximum Liability

a) Premier Shuttles & Tours maximum liability is limited to the refund of the cost of transfer for the service provided.

b) Premier Shuttles & Tours except no liability whatsoever for any other loss or consequential loss such as airfares, accommodation, missed wages or any other loss whatsoever resulting from any delays (for example but not limited to delays caused by other passengers, accidents, landslips or inundations which close the Captain Cook Highway, or any unforeseen circumstance which prevents the shuttle from gaining access to the airport or gaining access before a flight check in has closed) or any accidents which affect the delivery of the shuttle service.

c) No other liability beyond refund or redelivery of service is accepted by Premier Shuttles & Tours for any loss, or any claim made, whatsoever against any affiliate shuttle service providing contracted services to Premier Shuttles & Tours.

7)Cancellation Policy including COVID 19 Cancellations

a) Passengers must cancel in writing at least 24 hours prior to travel time in order to receive a refund less the cancellation fee.

b) For COVID-19 related cancellations 24 hours is usually a sufficient window to contact us about your circumstance, but we will work with you in circumstances announced by Governments that prevent travel which are announced less than 24 hours before your travel.

c) All cancellations made more than 24 hours before travel time will receive a 100% credit for a future booking or a refund less the cancellation fee stipulated herein. Cancellation fee is 20% of the booking fees for the cancelled booking. A cancelled booking means cancellation of allocated recourses such as vehicle, drivers, and administration requirements therefore a cancelled booking has already incurred several costs.

d) Any credits that are later cancelled are subject to the same cancellation fees.

e) Any refunds will be paid directly to bank details which you provide us as we cannot refund to any credit card. Please ensure you provide the correct account details and allow 3-5 Business Days to receive your refund.

f) For all cancellations made less than 24 hours before travel time there will be no refund payable. Passengers who are affected by COVID 19 cancellations due to border closures will be treated as a cancellation more than 24 hours before travel time as in item c) above. For customers with return bookings who cancel one leg the balance leg will be charged at the full rate and any cancellation will be treated as per this cancellation clause. We make no refunds for cancellations under 24 HOURS as we are unable to resell those bookings and therefore have a loss on all recourses allocated to the booking and therefore, we are unable to pay any refund. Premier Shuttles & Tours are able to offer competitive rates as we are able to plan all resources according to bookings provided and any change will incur the same charges for a lower revenue therefore, we are unable to offer a refund in this case. We thank you for your understanding.

g) Passengers at the airport who do not make themselves known to the driver by the time their flight has cleared or who are not at a designated point of meeting at the time arranged and are not contactable on their nominated mobile will be regarded as a no show and no refund will be made if the bus has already departed. For passengers who are non-contactable and later make contact we will try (but are under no obligation) to get you a later bus if possible, but this will likely involve extra costs.

8)Delays

a) Delays can and will occur and the most likely is closures to the Captain Cook Highway if there is a traffic incident on the road. These delays can sometimes delay us for several hours. This will impact travel both ways and will happen from time to time. We encourage our passengers to have travel insurance to cover such delays. In case of sudden road closures, we encourage passengers be always contactable in the event we have a road closure so we can schedule and earlier departure time if needed especially for international travelers. In the event of a road closure, we can travel Cairns-Port Douglas-Cairns via Mareeba which takes and extra hour.

b) We are constantly monitoring flights before your arrival in Cairns and departure from Port Douglas. Drivers and staff constantly monitor flights and use this information to make any changes if needed to arrival and departure schedules. Our goals is to make your transfers as smooth as possible so you can enjoy your travel. We take the stress out of your travel plans for transfers to and from the airport.

c) Any changes implemented by Cairns airport for pick up or drop off are beyond our control and our Shuttle services may be affected and we will do everything possible to maintain our schedule.

d) If, through circumstances not foreseeable and beyond our control, shuttles are delayed or unable to transfer you we cannot be responsible for any financial or material losses which may be incurred by passengers. This is an important reason why we recommend travel insurance for any passengers who may be affected by unforeseeable circumstances or events beyond our control which affect delivery of our service. Examples (but not limited to) of events beyond our control: accidents where the shuttle company vehicle has been directly or indirectly involved; delays caused by road closures, accidents, landslips or inundations on the Captain Cook Highway between Port Douglas and Cairns, or in and around Cairns affecting access to the airport; severe weather events or tropical cyclone; delays in traffic conditions preventing the shuttle company from getting to the airport or getting to the airport on time; and any other events of the nature described here.

e) If there are circumstances beyond the control of the shuttle service allocated to transfer, you that result in the shuttle service being unable to transfer you we will seek to arrange alternative road transport for you at no additional cost. Alternative road transport does not include any non-road transport

f) Any delays caused that are within our control and for any dispute regarding this transfer service the maximum liability is the cost of the transfer provided.

g) It is standard practice for shuttle companies to monitor incoming flights as planes can arrive early or late. Planes that arrive a few minutes late may mean a slightly longer wait for those passengers who have arrived on an earlier flight. We ask those passengers for patience on these occasions – as it could be your flight that is running late or arriving early, and nobody wants to be left stranded. If a severe plane delay is occurring, passengers on that flight will usually be transferred to the next available bus or we will make alternative arrangements for their transfer to minimise the waiting time at the airport. There may be an additional cost incurred.

h) Any standard hours booking which are delayed and require and after-hours transfer are subject to the after-hours rates and surcharges as stipulated in our PREMIER SHUTTLES & TOURS fees applicable at the time of travel. For example, a passenger scheduled to arrive at 2pm then arrives at 8pm an additional fee will be charged to equal the rate as per the after-hours shuttle service applicable at the time of travel less fees already paid for your previous transfer. Passengers are asked to please provide us with notice of the late arrival so that we can work with you on a remedy. If we cannot meet you for your standard hours arrival that ends up after hours arrival, and you elect not to pay after hours rates, we will refund the standard hours value less the cancellation fee as stipulated herein. If you have a private transfer booking which is significantly delayed into after-hours time and we have no driver availability when your flight arrives, we will pay 100% of a taxi or Uber cost to Port Douglas. We will make this offer to you before you arrive. Simply keep the receipt and email to us. Thank you for your understanding. Airline delays can cause significant impacts for associated airport services (eg 11pm arrivals from flights scheduled in the middle of the day) outside our control and also outside our ability to deliver transfers due to WH&S issues including driver fatigue and safety issues. The remedies in this clause 8(h)are intended to address these challenges to the benefit of our passengers.

9)Limitation of Liability

In no event shall Premier Shuttles & Tours, nor any of its officers, directors and employees, be liable to you for anything other than the cost of providing this service, arising out of or in any way connected with your use of this service, whether such liability is under contract, tort or otherwise, and Premier Shuttles & Tours, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of our services

10) Safety

a) All passengers including children must wear a seat belt. Child seats are available if requested at the time of booking.

b) The Shuttle is not permitted to travel if all passengers are not wearing seat belts. Vehicles must comply with Queensland Authority rules and checked regularly for compliance.

c) All drivers of registered personal transport vehicles in Queensland must hold a Current Drivers Authority and have no criminal record. Drivers must also hold an updated HR, LR, or MR depending on the vehicle they are driving.

11) Pick up and Drop Off

a) The design of some streets, gated estates, and caravan parks makes it impossible for our shuttle to turn around therefore we will drop you off at the closest street corner to your appointed address.

b) Shuttle busses are not permitted to enter unsealed roads due to insurance and damage liability issues so we will drop you at the closest possible sealed access point. For doubt sealed roads are those with bitumen or compacted gravel.

c) Our shuttle drop off policy is for one drop off per party in order to eliminate the delays to other passengers. If you need to collect keys from an agency or another address, we suggest dropping the party at the scheduled drop off location and a member of the party travel back to pick up the keys or we can make one extra drop off for an additional $20 however this is only a drop off and we cannot wait for any reason. The options can be discussed with the driver at the time of departure.

12) Public Passenger Vehicle Regulations QLD

a) Passengers are not allowed to consume food, alcohol or any beverages other than water on any passenger vehicle in Queensland. Queensland government fines and cleaning fees may be charged if these rules are not followed.

b) Queensland regulations restrict the consumption of food and beverages on public transport vehicles Transport Operations (Passenger Transport) Regulation 2018 (Qld) s 232(2).

c) A cleaning fee of $175 may be charged for a non-water or spillage mess in the shuttle. This cleaning charge applies to spillages of carbonated beverages like Coke, Pepsi, Fanta and the like. Spillages of sunscreen, perfume or of noncarbonated beverages like orange juice or apple juice, and foods like yoghurt, sandwiches, kebabs, pies and any type of food spillage will also attract the cleaning charge. Any bodily fluids including vomit, urine, faeces will automatically attract the cleaning charge independent of the driver’s assessment. If cleaning is required we will provide an invoice for payment due within 14 days.

d) Please take any rubbish with you.

e) Animals are not permitted on our shuttle service, unless they are an approved guide, hearing, or assistance animal.

f) Smoking is not permitted on our shuttle service. This includes electronic cigarettes.

g) Passengers are required to use earphones when listening to music or watching videos on a personal device and keep the volume at a reasonable level.

h) For the comfort of all travelling passengers’ musical instruments are not permitted to be played on our shuttle service.

13) Indemnification

You hereby indemnify to the fullest extent Premier Shuttles & Tours from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

14) Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

15) Assignment

Premier Shuttles & Tours shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

16) Entire Agreement

These Terms, including any legal notices and disclaimers contained herein constitute the entire agreement between Premier Shuttles & Tours and you in relation to our shuttle services, and supersede all prior agreements and understandings with respect to the same. These Terms and Conditions are applicable to all bookings made electronically via the company website or subsequently made verbally after initial online booking. You agree to these terms and conditions through the website on our bookings form and it is the customers responsibility to be aware of these terms and conditions.

17) Governing Law & Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the state and country in which the services are provided, and you submit to the nonexclusive jurisdiction of the state and federal courts located in the state in which the services are provided for the resolution of any disputes.