DEFINITIONS
“Hirer” means the person buying the Services and any person upon whose behalf that person acts, including all other persons for whom the Event booking is made.
“Operator” means Party Bus Ltd, Club Class Bus Ltd, London Bus Group Ltd or Rent A Routemaster Ltd, registered at Unit 2, Gateway Trading Estate, Hythe Rd, White City, London NW10 6RJ
“Agent” means any third-party company supplying goods or services to the Operator for the Event
“Driver” means the person qualified and authorised to drive the Vehicle, as appointed by the Operator
“Passengers” means any person onboard the Vehicle, including the Operator’s staff, the Hirer’s party and any third-party staff providing services at the Event
“Vehicle” means the bus, coach, or similar vehicle used for the Event
“Event” means the trip/s booked by the Hirer
“Contract” means a legally binding promise made between the Hirer and the Operator in order to fulfil the Service in exchange for the Payment
“Conditions” means the standard terms and conditions set out in this document and includes any special terms and conditions agreed in writing or verbally between the Operator and the Hirer for the supply of the Services
“Force Majeure” means an extraordinary event or circumstance beyond the control of both parties, such as a war, strike, riot, crime, epidemic or an ‘act of God’, which prevents one or both parties from fulfilling their obligations under the contract
1. APPLICATION
These conditions apply whether or not a Contract of carriage has been entered into as a result of a quotation being offered and accepted, or whether a Contract has been made verbally or in writing.
2. QUOTATION
a. Quotations are made subject to a Vehicle suiting the Hirer’s requirements being available for the Event at the time of acceptance.
b. Quotations are based on costs prevailing at the time and in accordance with details provided by the Hirer and remain valid for 7 days, after which time a new quotation must be sought by the Hirer.
c. Unless otherwise stated admission charges, meals, accommodation and parking charges for special events are not included in the quoted price.
3. WRITTEN CONFIRMATION
Written confirmation provided by the Operator to the Hirer is the only basis for the acceptance of a hire or for a subsequent alteration to its terms.
4. PAYMENTS
a. To secure an Event date, the Hirer must pay the deposit immediately upon accepting the Quotation from the Operator.
b. A refundable “bond deposit” may be requested at the time of booking. This must be paid at the same time as the above deposit for the Event date to be secured. Following the event, the bond deposit will be refunded to the Hirer within 28 days as long as no damage or loss to the Operator’s Vehicle or equipment has been incurred.
c. Full payment must be made at least 28 days before the Event date. In the event of payment not being received by the Operator by this deadline the Operator reserves the right to cancel the Event and withhold the deposit. The Operator also has the right to add interest at the rate of 10% per year after the date by which payment should have been made.
d. When more than 28 days elapses between the hire being booked and its execution the Operator reserves the right to pass on any increases in ancillary costs as a surcharge.
5. VARIATIONSa. Should a Vehicle be detained by the Hirer or taken on a longer journey than that contracted for, the Operator reserves the right to make an additional charge commensurate with the costs incurred. During the hire the Driver is the sole judge of the reasonableness of any request for a change of route or time. In any event the Vehicle will depart at the times agreed with the Hirer. The Operator will not be liable for any loss or injury sustained by any passenger who fails to join a Vehicle at the appointed time.
b. Should the Hirer wish to make changes to an agreed Service, the Operator will endeavour to implement the changes where possible and will:
i. Charge the Hirer any additional costs associated with the requested changes
ii. Charge the Hirer a £50 administration charge for changes requested within 7 days of the Event date.
6. CANCELLATION
a. Cancellations by the Hirer must be made in writing at least 28 days prior to the Event.
b. In the event of cancellation by the Hirer the Operator will retain any deposit paid.
c. In addition, the Hirer shall be liable to the Operator for any losses incurred by the Operator as a result of the cancellation or part cancellation, but not exceeding the full cost of the hire.
d. In the event of a cancellation by the Hirer, the following charges will apply:
i. 7-5 days before Event: 40% of the hire charge payable
ii. 4-2 days before Event: 80% of the hire charge payable
iii. less than 2 days before Event: 100% of the hire charge payable
iv. Specifically, Nightclub Tour Tickets are non-refundable if cancelled within 28 days of the event
e. In the event of any emergency or “force majeure” or of any action by the Hirer to vary the agreed conditions unilaterally, the Operator may, by returning all money paid and without further or other liability, immediately cancel the hire.
7. VEHICLES
a. Unless confirmed in writing by the Operator the Vehicle should not be assumed to remain at any point between the outward and return journeys nor to remain available for the Hirer’s incidental use when parked at such points.
b. The Hirer must not load any Vehicle beyond the number of passengers which it is legally permitted to carry, as confirmed in the Quotation.
c. No animal (except guide dogs) may be carried on a Vehicle without the prior express agreement of the Operator.
d. To ensure health and safety for our Passengers the Operator requires a ratio of at least 1 adult to 10 children (under the age of 18 years) onboard the Vehicle at all times during an Event.
e. The Operator may give advice on journey times in good faith, but cannot guarantee that the journey is completed by a specific time and cannot accept any responsibility or liability for traffic congestion, road accidents, adverse weather conditions, compliance with requests of the police, customs or other government officials and security services or other matters outside its reasonable control. Neither will it be liable for any inconvenience or loss incurred caused by a breakdown or unforeseen delay. It is recommended that the Hirer should consider insuring against this risk if journey times are particularly crucial, for example for the commencement of an event.
f. The Operator will endeavour to ensure all equipment agreed for the Event is in good working order ahead of the Event but cannot be held liable for any unforeseen breakdowns or malfunctions of its equipment during the Event. Should this happen, every effort will be made to fix the equipment for the remainder of the Event. In the event of a breakdown or malfunction of equipment no refund will be given to the Hirer.
g. The Operator reserves the right to provide a suitable alternative Vehicle than specified at no additional charge unless any extra seats are used. If extra seats are used an additional charge will be made pro rata to the hire charge. The Operator reserves the right to substitute other Vehicles (including those of other operators) or ancillary facilities for all or part of the hire subject to such substitutes being of similar quality.
8. PASSENGERS
a. The Driver is the sole arbiter as to the carriage of passenger’s luggage and its storage. The Operator will not accept liability for any damage to or loss of any property left on a Vehicle by a Passenger.
b. Passengers should not bring or operate any equipment onboard a Vehicle without the express prior consent of the Operator.
c. Passengers must not display any posters or notices on any Vehicle without the express prior consent of the Operator.
d. If fitted on a Vehicle, seatbelts must be used by Passengers, in accordance with current legislation. Passengers choosing to not wear a seatbelt do so at their own risk and the Operator cannot be held liable for any injury caused as a result. In addition, whilst the Vehicle is moving, Passengers must be seated. Where standing capacity is allowed, passengers standing do so at their own risk with no further liability to the Operator.
e. The Hirer and their party is expected to behave in a proper manner for the duration of the Event. The Driver is responsible for the safety of the Vehicle and its Passengers at all times during a hire. Any passenger whose conduct is in breach of statutory regulations may be removed from a Vehicle or prevented from boarding the Vehicle on the Driver’s authority. The Hirer will be responsible for the conduct of Passengers and for any damage caused to the Vehicle by Passengers during the Hire. The Operator will not tolerate any verbal or physical abuse aimed at one of its staff. Any Passenger displaying abusive, aggressive or threatening behaviour towards the Operator’s staff or any other Passenger will be immediately removed from the Vehicle and if appropriate, the Police will be called.
f. Passengers are not permitted to carry alcohol for consumption on the Operator’s Vehicle, unless by prior agreement with the Operator.
Please note: It is an offence for alcohol to be carried on a public service vehicle used for the purpose of carrying passengers for the whole or part of a journey to or from a sporting event in the United Kingdom. The Operator, the Hirer and their agents are liable to prosecution if they knowingly carry or permit alcohol to be carried. Heavy penalties may be imposed which can include a prison sentence.
g. No Smoking, drugs or other controlled substances – Smoking cigarettes or e-cigarettes, or using any vaporising devices is strictly prohibited on the Operator’s Vehicles. In addition, any use or possession of drugs or other controlled substances is strictly prohibited on the Operator’s Vehicles. The Hirer is responsible for ensuring that all Passengers understand and adhere to this rule. Any Passengers found violating this rule will be asked to leave the Vehicle immediately. Non-compliance of this rule may result in summary termination of the entire Event and in such circumstances, the Hirer shall remain liable for any sums due under the Contract and no refunds will be given.
9. DRIVER’S HOURS
The hours agreed with the operation of any hire must be strictly observed (other than in the case of serious emergency or diversions) so that current regulations governing Driver’s hours and rest periods can be complied with. The Operator reserves the right to curtail or otherwise alter any hire which does not comply with the relevant regulations.
10. THIRD PARTIES
a. Where the Operator hires in vehicles from another operator or ‘Agent’ at the Hirer’s request and where the Operator arranges ancillary facilities such as meals, accommodation, ferries, admission tickets or any other services provided by another supplier it does so as an agent for and on behalf of the Hirer. Any terms and conditions imposed by such other suppliers through the Operator will be made clear to and shall be binding on the Hirer as if they had directly contracted for such services.
b. The Operator does not guarantee admission into any venue or event and does not accept any liability in the event that the management, or any other authorised person, of any venue refuses admission to the Hirer and their party.
c. The Operator cannot accept any liability arising from third party ticket sales. Where a ticket is purchased from a third party ticket agent, any query regarding the ticket purchase or ticket refund must be referred to the ticket agent who sold the ticket and not to the Operator.
d. In addition, the Operator is not responsible for the content of any websites that are not owned and maintained by the Operator. The Operator excludes all warranties and all liability for any loss or damage incurred as a result of use of such sites.
11. COMPLAINTS
In the unfortunate event that a complaint is raised, the operator and or the nominated representative must be notified immediately on the date of the hire. The nominated representative is precluded from agreeing a resolution or offering any resolution but will record and report the complaint to the Manager on duty. The Hirer must send through a written notification to the Operator no later than 7 days following the event. If the Hirer is not present on the hire, complaints should be reported to the Operator as soon no later than 7 days following the event.
12. DATA PRIVACY
By entering into this agreement the Hirer agrees that the Operator can collect, process and store the Hirer’s personal information in connection with this Contract. Specifically, if you contact us by telephone, we may record the call. If you contact us to enquire about our Services, we may keep records of that correspondence. We will only collect and process personal data about you where we have a lawful basis. For more detailed information please see our Data Privacy Notice or contact dpo@nationalbusgroup.co.uk.
13. ENGLISH LAW
This contract is governed by English Law.