Date posted: October 13, 2011

nakedbus.com Terms and Conditions

Nakedbus NZ Limited (“we”, “us”, “our” or “nakedbus.com”) have tried to make using the nakedbus.com website as easy as possible, but there are some things you need to know. All bookings made through nakedbus.com are subject to the following terms and conditions (“Terms and Conditions”). By making a booking through nakedbus.com, you agree to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, you should not make any bookings through nakedbus.com:

1. General

1.1 All nakedbus.com bookings are non-refundable, unless you are entitled to a refund under law.

1.2 Payment is required at the time of booking; no reservations can be made without an acceptable form of payment.

1.3 Passengers will not be accepted onto the service without a valid booking reference. You are required to produce the booking reference number when boarding or boarding will be denied. By purchasing a ticket, you agree that by not producing a valid booking reference, you will not be allowed to board the service and will not be entitled to a refund of this ticket (unless required by law). It is the passenger’s responsibility to approach the driver with their reference number to be checked prior to departure.

1.4 You are solely responsible for checking that all details of your booking are correct. If you have made an error with your booking (“Incorrect Booking”) you can make an entirely new booking (“Correct Booking”) and receive a refund of the price of the ticket for the Incorrect Booking (but no booking, cancellation protection or sms fees) provided that you contact us, either by phone during office hours or via our contact us form, within 2 hours of making the Incorrect Booking. You will need to advise us of both booking numbers (both the Incorrect Booking and Correct Booking). Alternatively, should you have made an Incorrect Booking and wish to change the Incorrect Booking (without making a new booking) you may do so if you have more than 24 hours before the time of departure on the Incorrect Booking. This can be done using the “change booking” function on our website. Please note, by using this function, you will not be entitled to any refund (unless required under law) as the Incorrect Booking will be replaced by the Correct Booking that you have made.  You will be required to pay any costs outlined in 2.1 of these Terms and Conditions.

1.5 Nakedbus.com does not offer insurance of any nature or in any circumstance, customers should arrange their own insurance if they need this protection. To read more on nakedbus.com’s cancellation protection, click here.

1.6 Nakedbus.com is a low cost, no frills service. As such we aim to provide a safe, reliable and comfortable service. We maintain our low cost by having a simple system. Therefore we are not able to provide extra or different services to those advertised in this website and we cannot give special instructions to drivers as this complicates our operation and increases our costs. For example, we do not facilitate different pickups or drop offs, allow you to reserve seats, carry unaccompanied baggage or provide special supervision of unaccompanied minors.

1.7 All fares are shown in New Zealand Dollars (NZD) and are inclusive of GST and are subject to change without notice.

1.8 The availability of $1 and free tickets is strictly limited. $1 and free tickets are only available on bus services (excluding buses servicing airports, trains, ferries, activities and day tours). $1 and free tickets are only available on confirmed and released services available as per our website at the time of your viewing or booking.

2. Changing a booking

2.1. Passengers can change their nakedbus.com booking themselves in the “change booking” function. This must be done more than 24 hours before departure of the original journey. There is a fee for changing a booking plus any increase in cost. If the new ticket price is cheaper than the old ticket price there is no refund of the difference in price. Bookings can only be changed to any services that are available on the website at the time the change is made. We will not be responsible for any tickets that are cancelled or seats that are unavailable at the time of your amendment of your booking.

2.2. Passengers cannot change two or more trips to be combined for a more expensive trip.

2.3. You cannot “split” a booking. If you change bookings to fewer passengers than on the original booking, you will forfeit the other tickets. For example if you change from two passengers to one passenger, you will forfeit one seat.

3. Refunds

3.1. Refunds are not given if a passenger fails to board a nakedbus.com journey (unless required by law). IF YOU ARE NOT AT THE BUS STOP AND VISIBLE TO THE DRIVER OR DO NOT BOARD THE BUS AT THE TIME STATED ON YOUR TICKET YOU WILL NOT BE CARRIED AND THERE WILL BE NO REFUND (UNLESS REQUIRED BY LAW). SITTING IN A CAR DOES NOT COUNT AS BEING AT THE BUS STOP. THE DRIVER WILL NOT WAIT FOR PASSENGERS WHO ARE NOT IMMEDIATELY VISIBLE AT THE BUS STOP ON TIME AND READY TO BOARD. THE DRIVER IS NOT RESPONSIBLE FOR LOOKING FOR PASSENGERS WHO ARE NOT VISIBLE AND IT IS THEIR DUTY TO DEPART ON TIME AS PER THE SCHEDULE – NO EXCEPTIONS WILL BE MADE.

4. Rest Stops

4.1. Passengers who leave the bus at stops and rest breaks are responsible for re-boarding the bus at the scheduled departure time. The bus will not wait for passengers who are missing or late. No refunds will be given (unless required by law) in the event that passengers do not board the bus before the bus leaves each rest stop. Passengers will have to re-book (at their own expense) to continue their journey.

5. Timetables

5.1. Nakedbus.com will do our best to transport you in accordance to our schedules in place on the date of your booking. We reserve the right to substitute the vehicle used for transport, or use an alternative operator, in order to achieve this.

5.2. We reserve the right to change our timetables by up to 60 minutes without notice. We may also be required to change our schedule for reasons beyond our control and in these circumstances our timetables cannot be guaranteed and therefore does not form part of your contract of carriage with nakedbus.com

5.3. Timetables may be changed for operational reasons and nakedbus.com reserves the right to change the scheduled time of your departure. We will attempt to notify you by the means that you have provided us at the time of booking. We advise you to check your email and cell phone prior to travelling to ensure there have been no changes. It is a condition of travel that you provide us with your contact details and we will not be held responsible for any consequential effects from changes to your booking, should you not receive notification of the change to the scheduled time of your departure.

6. Airport Service and ongoing travel arrangements

6.1. For all airport services, we require that you allow at least 2 hours between your arrival at the airport on our services and the required time of check-in with the airline.

6.2. Except as required by law, nakedbus.com is not liable for costs of further travel that may be missed as a result of our delay. Should we fail to provide the service for reasons that are within our control we will refund your nakedbus.com ticket price should circumstances merit this refund, or as otherwise required by law, or provide appropriate alternative compensation at our sole discretion. Except as required by law, we are not responsible for any incidental costs whatsoever and howsoever arising.

7. Road closures or factors outside our control

7.1. Should road closures or weather conditions, or any other events outside our control not allow nakedbus.com to complete its journey, nakedbus.com will not be responsible for the costs of accommodation, meals and incidentals. nakedbus.com will not be liable or responsible for onward journeys or connections under these conditions.

7.2. Should road closures, weather conditions, traffic, breakdowns or any other events outside our control cause a delay to the service, nakedbus.com will not provide refunds (except as required by law).

7.3.  To the maximum extent permitted by law, nakedbus.com will not be liable for any injury, damage, loss, delay, additional expenses or inconvenience caused directly or indirectly by any events which are beyond our control.

8. Terms of carriage

8.1. Nakedbus.com has the right to refuse carriage if the driver feels that your behaviour will harm yourself or others or otherwise cause a disturbance. No intoxicated passengers or passengers under the influence of a substance that has impaired their judgement will be carried. You may be refused carriage if you are carrying alcohol or any illegal substance or dangerous weapons onto the coach.

8.2. If a nakedbus.com driver feels that your conduct on board the bus is endangering yourself or others around you or is otherwise causing a disturbance, the driver has the right to stop at the next safe stop and require you to disembark the service.

8.3. For the reasons of safety, our bus drivers are not permitted to lift you on or off the bus but may provide you will minimal assistance where appropriate. If you do require assistance getting on and off the bus please ensure you have arranged for someone to help you at the point of departure and arrival.

9. Luggage

9.1. All luggage carried must be clearly labelled with the customer’s name and a physical address within New Zealand, phone number and email address.

9.2. Each passenger is permitted to carry 1 piece of luggage weighing no more than 20kg (to be stored under the bus), and 1 piece of hand luggage to be stored in the over head locker or under the seat.

9.3. Excess Luggage:

(a)    Any baggage over the allowance will be carried only if there is room, and is at the driver’s discretion. Any excess and large items will be charged for separately.

(b)   Please note that the driver makes the final decision regarding whether an item is beyond the luggage allowance. We cannot provide a ruling by email.

(c)    nakedbus.com can carry larger items such as bicycles, surfboards, skis, and other excess baggage.

(d)   All larger items are subject to space availability.

(e)   There is a charge of between $10-$15 for each excess or large item (depending on the route). This is payable directly to the driver. This charge may be higher on ferry services.

(f)     Bicycles should be boxed to avoid damage to other passengers’ luggage, however if you are unable to box the bicycle, our minimum requirement is that the bicycle pedals and chain are covered and the front wheel removed. We take absolutely no responsibility for damage to bicycles that are not boxed. We cannot carry tandem bicycles as these are too big for our luggage space.

9.4. You are required to pack your luggage correctly and safely and nakedbus.com will not be liable for any damage caused when luggage is not safely packed.

9.5 Nakedbus.com does not take any responsibility for any luggage left on the bus at any time, both stowed luggage and items left inside the vehicle – you should ensure that you have insurance to cover you for any loss or damage to your luggage. The return of any items is at the customer’s expense and it is the customer’s responsibility to submit a lost property form through the website so luggage can be identified and found.

9.6. If you are travelling with a baby, you are permitted 1 extra piece of luggage and a pushchair/pram.

9.7. Collapsible wheelchairs will be carried free of charge.

9.8. You should be able to load your own luggage. If you are travelling on a service that connects to another service, you are responsible for collecting your luggage from the first service and loading it onto the next service.

9.9. The following items are deemed unsuitable for luggage stowed in the luggage lockers and if you do include such items in your stowed luggage, you do this at your own risk and nakedbus.com will not be liable for any inconvenience costs, expenses, delay, loss or damage you suffer as a consequence of the items being damaged, delayed or lost:
- Passports and travel documents
- Cameras, video cameras etc.
- Computers or computer equipment
- Electrical or electronic devices
- Business documents or important documents
- Samples
- Fragile, delicate or perishable goods
- Valuable items, such as money, jewellery or similar
- Any item that is not sufficiently packaged to withstand normal effects of carriage by road transport

9.10. The following items are prohibited from being carried on any nakedbus.com service:
- Flammable liquids
- Explosives (including fireworks)
- Poisonous/toxic substances
- Solvents
- Fuel
- Batteries (unless used in portable consumer electronic devices)
- Motorised scooters
- Any form of firearm/gun/weapon, whether in a case or not, whether working or not.
- Any other items deemed unsafe by the driver

10. Children

10.1. Children under the age of 3 years travel free of charge per 1 paying adult and may be required to travel on your lap. If you require a car seat, or the child to occupy their own seat, you will need to purchase a separate ticket for them.

10.2. UNACCOMPANIED MINORS POLICY
No child under 12 may travel alone. Unaccompanied minors (someone aged between 12 and 16) are accepted on the understanding that they will be met at both ends of the trip by a parent/guardian. While the driver will keep an eye on unaccompanied minors, the driver will not be responsible for them, particularly at intermediate/rest stops.

An unaccompanied minor may not be responsible for anyone under the age of 12.

Please note the following:
- Make sure your child is put on the bus by a parent/guardian
- The child is responsible for ensuring they are back on the bus after rest stops
- Make sure your child is met at the destination by a parent/guardian. The parent/guardian MUST be at the stop 20 minutes before the scheduled arrival time, in case the bus arrives early. The bus driver is not able to wait if there is no parent/guardian there.
- Your child must wear a seatbelt if there is one available.

10.3. No passengers under the age of 16 are permitted to travel alone on any night services.

11. Other

11.1. All of our vehicles are smoke free, smoking is not permitted on board any nakedbus.com service.

11.2. Animals are not permitted on any nakedbus.com service, with the exception of guide dogs. Please notify nakedbus.com of the presence of your guide dog at the time of booking.

11.3. No hot or smelly food allowed on board nakedbus.com services.

11.4. No agent, contractor or representative of nakedbus.com has authority to alter, modify or waive any provision of these Terms and Conditions.

11.5. Nakedbus.com reserves the right at any time to modify these Terms and Conditions and to impose new or additional terms or conditions on your use of the nakedbus.com service. Such modifications and additional terms and conditions will be effective immediately and incorporated into these Terms and Conditions.

12. Liability

To the maximum extent permitted by law:

(a)    the total liability of nakedbus.com (and its contractors and agents) for any costs, losses, damages or expenses incurred by you or any other person is limited to the amount paid by you for the service in respect of which such liability arises; and

(b)   nakedbus.com (and its contractors and agents) will not be liable for any indirect or consequential loss or damage.

If you hold yourself out as acquiring nakedbus.com services for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply.

CERTAIN LEGISLATION INCLUDING THE CONSUMER GUARANTEES ACT 1993 MAY LIMIT THE ABILITY TO EXCLUDE LIABILITY OR MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THESE TERMS AND CONDITIONS MUST IN ALL CASES BE READ SUBJECT TO THESE STATUTORY PROVISIONS. IF THESE STATUTORY PROVISIONS APPLY, TO THE EXTENT TO WHICH NAKEDBUS.COM IS ENTITLED TO DO SO, NAKEDBUS.COM LIMITS ITS LIABILITY IN RESPECT OF ANY CLAIM UNDER THOSE PROVISIONS TO (AT NAKEDBUS.COM’s OPTION) THE SUPPLY OF THE SERVICES AGAIN OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.