- Definitions and Interpretation
- In these terms and conditions the following words and expressions shall have the following meaning unless the context otherwise requires:
“Booking Confirmation Form” means the booking confirmation form issued to the Customer by the Company setting out the agreed service and specification;
“Charges” means the charges to be paid by the Customer under the Contract and shall include the price stated on the Booking Confirmation Form along with any charges payable pursuant to clauses 3.2, 4.1, 5.1, 5.4, 5.5, 5.6, 6.4, 6.5, 7.2, 8.4, and 9.2 of these Conditions;
“Company” means Showpax Ltd;
“Conditions” means these terms and conditions;
“Contract” means the contract formed between the Company and the Customer upon issue of the Booking Confirmation Form;
“Customer” means the party named as such on the Booking Confirmation Form.
- Notifications, notices, instructions and claims made by facsimile transmission shall be deemed to have been made both orally and in writing;
- All references to a statutory provisions shall be construed as including references to:
- any statutory modification, consolidation or re-enactment (whether before or after the date of this Agreement) for the time being in force
- all statutory instruments or orders made pursuant to it and
- any statutory provisions of which it is a consolidation, re-enactment or modification;
- Headings are for reference only and do not form part of this Agreement for the purpose of its construction. Words importing the singular shall include the plural and vice versa.
- Formation and Basis of Contract
- The Contract will be formed upon issue by the Company to the Customer of the Booking Confirmation Form and will be governed exclusively by these Conditions.
- Where a copy of these Conditions has been issued to the Customer at any time prior to the Contract being formed, or the Customer has been informed verbally of all significant terms, acceptance by the Customer of the Company’s quotation will signify acceptance of these Conditions. Where the Contract is concluded without the Company having issued these Conditions or having advised the Customer of all significant terms, the Customer may cancel the Contract without any liability to the Company within 48 hours of receiving the Conditions. Otherwise, the Customer will be deemed to accept the Conditions.
- These Conditions contain the full and complete understanding between the Company and the Customer and supersede all prior arrangements and understandings whether written or oral appertaining to the subject matter of the Contract and may not be varied except by an instrument in writing signed by the authorised representatives of the Company and the Customer. The Customer acknowledges that no representations or promises not expressly contained in these Conditions or on the Booking Confirmation Form have been made to the Customer by the Company or any of its servants, agents, employees, members or representatives.
- Quotations provided by the Company are based on a direct route and on the information provided by the Customer and are valid for 28 days from the date of issue by the Company.
- Quotations are given for vehicle(s) and driver(s) only. Any additional charges, including the payment of tolls, ferry charges, parking fees or admission charges, will be separately identified and will be payable by the Customer unless otherwise specified in the Booking Confirmation Form.
- Provision of Services
- Where the Company hires in vehicles from other operators and where the Company arranges ancillary facilities such as refreshments, hotel accommodation or other services provided by another supplier, the Customer acknowledges that the Company does so as agent for and on behalf of the Customer. Any terms and conditions imposed by such other suppliers on the Company shall, insofar as they are advised in writing to the Customer, be binding on the Customer as if he had directly contracted with that supplier and the Customer shall indemnify the Company against, any loss, claim, damage or award in respect of any breach of such terms and conditions, where such breach is attributable to the Customer. In particular, but without prejudice to the generality of the foregoing, where the Customer has cancelled the hire, the Customer shall be liable to reimburse any monies paid by the Company to the supplier whenever paid.
- The Company shall be entitled to retain all commission paid to it as a result of acting as agent for the Customer.
- Where the Company agrees to act as an organiser or retailer pursuant to the Package Travel, Package Holidays and Package Tour Regulations 1992, it will issue additional terms and conditions relating to its liabilities and responsibilities thereunder.
5.Vehicle and Driver
- The Company reserves the right to provide a larger vehicle than that specified on the Booking Confirmation Form at no additional charge unless any extra seats are used in which case an additional pro rata charge will be made.
- The Company reserves the right to substitute another vehicle or ancillary facilities for all or part of the booking subject to such substitutes being of at least equivalent quality.
- The vehicle will only be available to the Customer for outward and return journeys.
- Routes taken and itineraries to be followed shall be in accordance with the Booking Confirmation Form and deviations, unless agreed to in advance by the Company, will incur additional charges.
- In the event that the Company is delayed at any premises at which it is to provide any of the services specified in the Booking Confirmation Form in excess of 3 hours through no fault of the Company, it may charge the Customer its reasonable additional charges in respect of such delay.
- In the event that the Customer or any passenger delays or otherwise interrupts the journey, the Customer shall be liable for any additional costs incurred as a result and the Company shall have no liability to the Customer for any resulting delays, cancellations or variations to the service.
- Passengers and Property
- The Company shall ensure that the number of passengers on any vehicle does not exceed the number contracted for.
- No animals (other than guide dogs and hearing dogs notified to the Company in advance) may be carried on any vehicle without prior written agreement from the Company.
- The driver is responsible for the safety of the vehicle at all times, and as such may remove any passenger whose behaviour prejudices safety or is in breach of the Public Service Vehicle (Conduct of Drivers, Inspectors, Conductors and Passengers) Regulations 1990.
- It shall be the responsibility of the Customer to ensure compliance with all statutory and other provisions applying from time to time, restricting or otherwise regulating the carrying and consumption of alcohol on any vehicle hired. The Customer shall indemnify the Company in respect of any costs, claims or proceedings arising from the unlawful carriage or consumption on any vehicle or vehicles hired.
- All vehicles hired are subject to restrictions on carrying luggage for statutory safety reasons. The Customer accepts that the driver shall be the sole judge as to whether and to what extent passengers’ property is carried. Large items may not be able to be carried, and the Customer shall notify the Company in advance of any such requirements.
- Price and Payment
- The Customer shall pay the Charges plus applicable Value Added Tax.
- Once a Booking Confirmation Form has been issued to the Customer, provided there are at least 20 days before the departure date, the Company reserves the right to pass on increases in the cost of fuel, taxes imposed by the governments of the UK and of other countries to be visited during the journey, road tolls, and foreign currency. No surcharges will be levied within 20 days of departure. On notification of such surcharges the Customer may cancel the booking subject to the scale of cancellation charges shown in clause 9 of these Conditions.
- The Customer shall pay the Charges not later than the 15th day of the month following the month of invoice. Payment shall be made without deduction, and shall not be withheld or deferred on account of any claim, counterclaim or set-off.
- If the Customer fails to make any payment on its due date then without prejudice to any other right or remedy available to the Company, the Company shall be entitled to:
- suspend the provision of any further services to the Customer; and
- charge the Customer interest (both before and after any judgment) on the amount unpaid, at the rate of 4% per annum above Barclays Bank base rate until payment is made in full.
- Limitations and Exclusion of Liability
8.1 The Company’s liability under these Conditions shall be in lieu of any warranty or conditions implied by law as to the quality or fitness for any purpose of the services specified on the Booking Confirmation Form and save as specifically provided for in these Conditions it shall not be liable by reason of any breach of contract or statutory duty or by reason of tort (including but not limited to negligence) for any loss of profit, loss of use, loss of production, loss of contracts or for any financial and economic loss or for any direct or indirect or consequential loss or damage whatsoever
8.2 The Company shall not be liable to the Customer or be deemed to be in breach of these Conditions by reason of any delay in performing, or failure to perform, any of the Services or any part thereof if the delay or failure was due to any cause beyond the Company’s reasonable control including but not limited to strikes, lockouts or other labour disputes, general shortage and unavailability of labour fuel or materials, exceptional weather conditions which render travelling impracticable or impossible.
- Any claim brought by the Customer must be made in writing within 28 days of the relevant service being completed.
- The liability of the Company for any loss, damage, delay or inconvenience caused by the failure of any vehicle on hire to attend or leave at the specified time of such hire, or for any deviation from the route notified by the Customer (including any failure to complete such route), or for any delay in the operation of the hire caused by operational difficulties, breakdown or any other manner howsoever caused shall be limited to the cost of the hire specified in the Booking Confirmation Form.
- The Company shall not be liable for any damages to or loss of a) luggage conveyed or b) personal property left in any vehicle on hire through them. All such property is left or conveyed in the vehicle at the entire risk of the owners thereof.
- The limits on the Company’s liability in this clause 8 do not apply to personal injury claims.
9.1 In the event of the cancellation of any hire by the Company, the tender of repayment to the Customer of all sums paid in respect of the hire shall be the full extent of the Company’s obligations and such tender of repayment shall constitute a full discharge of any claim against the Company.
9.2 In the event of a) cancellation of any hire by the Customer or by any person or body representing the Customer, or b) a hire being deemed by the Company to have been cancelled by the Customer through his failure to pay the charges for the hire within the period stipulated by the Company, the Company reserves the right to charge the Customer a cancellation fee if the cancellation, or deemed cancellation (as he case may be) occurs once the hire has been confirmed by the Company.
9.3 Any cancellation fee imposed on the Customer by the Company will be the amount which the Company deems to have been the costs incurred or agreed to by incurred by the Company up to the time of, and in implementing the cancellation.
10.1 The Company shall be entitled to carry out its obligations under the Contract through any agents or sub-contractors appointed by it in its absolute discretion
10.2 This Contract contains the entire agreement between the parties regarding the subject matter hereof
10.3 Any notice to be given under this Contract shall be given in writing and sent by first class prepaid mail to the address of the other party set out on the face of the Contract and shall be deemed served on the 2nd working day after posting
10.4 Failure by the Company to exercise or enforce any rights conferred upon it under these Conditions shall not be deemed to be a waiver of any such rights or operate so as to prevent the exercise thereof at any time
10.5 This Agreement shall be governed by and construed in all respects with the laws of England and the parties submit to the exclusive Jurisdiction of the English Courts.