TERMS & CONDITIONS FOR SPLITTER VAN & SLEEPER BUS RENTAL
SPLITTER VANS: TERMS & CONDITIONS OF RENTAL
The Lessor agrees to let out and the Hirer agrees to hire the vehicle together with the equipment and documents listed overleaf on the following terms and conditions:
1. That the Hirer shall pay the rental shown overleaf for the period of hire and return the vehicle to the agreed location at the end of the period.
2. In the event of an advanced booking, a non-refundable deposit of the greater of £50 or 15% of the total hire rental (including VAT) will be required, payable on booking. In such event, the Lessor will use its best endeavours to supply the particular vehicle booked but reserves the right to supply, without prior notice to the Hirer, an alternative vehicle as close as possible to the booked vehicle’s specifications if, for any reason, the booked vehicle is unavailable at the start of the rental period.
3. The vehicle is regularly serviced and maintained, including checking the level of oil, water, AdBlue (where applicable) and tyre pressures prior to the start of every hire period, but the Lessor will not accept any liability for any loss, consequential loss or damage suffered by the Hirer as a result of breakdown or any mechanical fault or defect, including as a result of not being able to honour any contractual obligations, during the hire period other than by agreement between the Lessor and Hirer.
4. The Lessor and Hirer will together check the condition and contents of the vehicle at the start of the hire period and the vehicle will be returned, together with all its equipment, contents and documents to the location agreed between the Hirer and Lessor and on the date agreed, in the same condition as at the beginning of the hire period.
5. The Hirer must be the holder of a full driving licence permitting him to drive the vehicle hired in any country which it is intended to enter during the period of hire.
6 The vehicle will be hired out and the Hirer will return it with a full tank of diesel; in default the Hirer will be charged at £3.00 per litre to refill the tank.
7. The Hirer agrees that they are liable to pay the insurance excess detailed on the front of the hire agreement plus a £30 + VAT admin fee per incident during the period of hire, in the event that the Lessor’s vehicle and/or third party vehicle(s) and/or the Lessor’s property and/or third party property is damaged (including damage to the windscreen, windows, tyres or rims). The Hirer agrees that liability is to be decided at the sole discretion of the Lessor’s insurer. In the event the vehicle is damaged or written off and the hirer is deemed to be at fault then the Lessor reserves the right to charge for the loss of hire, in addition to the cost of the repair, whilst the vehicle is off the road and this cost will be outside of the limit of the insurance excess.
8. Optional Cover:
8.1 If the Hirer opts for Insurance Excess Reduction cover then the reduced insurance excess stated on the front of the hire agreement will apply except in the event of theft, attempted theft or vandalism, provided the vehicle is used in accordance with the terms and conditions of the rental agreement. In the event that there is more than one incident during the period of hire then the Insurance Excess Reduction cover for any subsequent incidents will be void and the standard excess of £1,500 will apply for said incidents.
8.2 If the Hirer opts for the tyres and windscreen cover, then an excess of zero pounds will apply for the repair or replacement of the vehicle's tyres or front windscreen, except in the event of theft, attempted theft or vandalism, provided the vehicle is used in accordance with the terms and conditions of the rental agreement. The tyres and windscreen cover applies to one incident of tyre damage and one incident of windscreen damage during a hire. In the event that there is more than one incident of tyre damage, or more than one incident of windscreen damage, during the period of hire then the Insurance Excess Reduction cover for any subsequent incidents will be void and the standard excess of £1,500 will apply for said incidents. In the event that the vehicle requires a call out while on hire to repair or replace a tyre or tyres, the hirer will be liable for the costs incurred for a call out agent attending, including any travel costs and specific call out charge, but not including any parts costs.
9. The vehicle will not be used:
9.1. To carry goods in contravention of customs regulations or for any other illegal purpose. In the event of the vehicle being impounded or otherwise taken out of the possession or control of the Hirer or Lessor as a result of a breach of this condition the Hirer shall continue to pay the rental until such time as the vehicle is returned to the Lessor’s possession together with the cost of repair of any damage caused as a result of the breach which is not covered by the Lessor’s insurance policy.
9.2. To carry passengers or property for consideration, express or implied
9.3. To propel or tow any vehicle or trailer without the consent of the Lessor
9.4. In motor sports, including racing, pace-making, rallying, reliability trials and speed testing
9.5. For purposes of tuition
9.6. By any person driving when unfit through drink or drugs or with blood alcohol concentration above the limit prescribed by the Road Traffic Acts
9.7. By any person other than:
9.7.1. The Hirer or any person(s) nominated or employed by the Hirer who is approved by the Lessor, is at least 25 years of age or older or who has been pre-approved by the Lessor’s insurer if under 25, is duly qualified and holds and has held a current valid full driving licence for at least two years; or
9.7.2. In the case of breakdown or accident, a motor vehicle repairer provided that he is duly qualified and licensed.
9.8. To carry a number of persons and/or equipment which would cause the vehicle to be overloaded or which exceeds any individual axle plated weights which may be applicable or so as to render the vehicle unsafe or illegal. The current overall gross permissible weight is 3,500 kgs for 9 seat vehicle and 3,200 kgs for a 6 seat vehicle.
9.9. To tow a trailer such that the combined train weight exceeds 4,250 kgs for a Mercedes Sprinter or VW Crafter and 3,950 kgs tonnes for a VW Transporter where the vehicle is used by the Hirer for ‘Hire and Reward’ therefore requiring the use of Tachograph equipment which is not fitted to the vehicle.
9.9.1 To tow a trailer sourced from a third party other than the Lessor, including one owned by the Hirer or any associate thereof. Should such a trailer be used with one of our vehicles, the Lessor accepts no responsibility for any issues arising from it's use, including but not limited to breakdowns and recoveries, road traffic collisions or any other trailer related event. The Lessor and it's recovery/assistance partners will not recover any third party trailers in the event of any breakdown of the Lessor's vehicle. Any use of a third party trailer will be considered a breach of the terms and conditions of the hire and invalidate the insurance resulting in unlimited liability by the Hirer.
9.9.2 To tow any trailer outside of the UK - for clarity this includes the Republic of Ireland, use thereof will be considered a breach of the terms and conditions of the hire and invalidate the insurance resulting in unlimited liability by the Hirer.
9.10. Outside the UK without the knowledge of the Lessor.
10. The Hirer is personally liable to pay the Lessor on demand:
10.1 A day’s rental for each 24 hours or part thereof if the vehicle is returned late plus a Late Return Fee of £25 + VAT. If the vehicle is returned early without prior arrangement in writing then the Lessor will be unable to issue a refund on any unused hire days.
10.2. A fee of £3 + VAT per mile from where the vehicle was left to return it to the agreed return location if the vehicle is not returned to the agreed return location without the Lessor’s prior written consent.
10.3. All fines and court costs for parking, traffic, congestion charge, low emissions zones, or other offences, whether motor or other (plus an administration charge of £15 + VAT per offence), incurred during the hire period unless as a result of the act or omission of the Lessor.
10.4. The Lessor’s costs, including reasonable legal fees where permitted by law, incurred collecting payments due from Hirer hereunder.
10.5. A cleaning surcharge of £50 + VAT if the vehicle is returned in an untidy or dirty condition or smelling of smoke.
10.6 For the replacement of any contents or documents that are not returned with the vehicle and for any damage or loss suffered to the vehicle or its contents, whether caused by the fault of the Hirer or not, during the period of the hire.
10.7 All related costs in the event that the Hirer loses the vehicle or trailer key/fob during the period of the hire. For insurance reasons the Lessor is unable to post or courier keys to the Hirer.
10.8. Lessor’s costs to repair damages to the vehicle provided. However, if the vehicle is operated in accordance with all the terms hereof, the Hirer’s liability for such damage shall not exceed the insurance excess stated on the hire agreement overleaf except as noted in Clause 7 and with the exception of:
10.8.1. Any damage to or destruction of (including the engine and any of the vehicle’s components) or improper use or theft of the vehicle that is a direct result of the Hirer’s negligence whilst in their possession. For the avoidance of doubt acts of negligence include, but are not limited to, running out of fuel/mis-fuelling/fuel contamination, failure to ensure oil, coolant and/or AdBlue levels are adequately maintained, failure to assess the vehicle’s height (including striking overhead or low structures), driving on unsuitable road conditions [including flooded roads], damage occurring as a result of ignoring a warning light, burning a clutch, driving with a flat tyre(s) or leaving the vehicle unlocked, keys in the vehicle or a window(s) open whilst the van is unattended even if the Hirer is in sight of the vehicle, etc. In such circumstances the Hirer will be responsible for the full cost of repairing the damage to the vehicle or any of the vehicle’s components, or of replacing the engine, or sending a replacement vehicle or in the event of theft of the vehicle as a result of negligence for the full cost of replacing the vehicle or any of the vehicle’s components based on the current vehicle value as defined by us. In addition, the Hirer will be liable to pay for any loss of hire, if the damage caused to the vehicle by the Hirer’s negligence renders the vehicle un-rentable, until such time as the vehicle becomes rentable or until a new replacement van is on-fleet in the event the vehicle is stolen due to the Hirer’s negligence.
10.8.2. Any claim for theft, attempted theft or vandalism where this damage has not been reported to the police (or equivalent local police authority) and a crime reference number and/or an official police report obtained.
10.8.3. Any claim following an accident which when required by law has not been reported to the police (or equivalent local police authority) and a crime reference number and an official police report obtained, if issued.
10.8.4 If Clause, 9.1 is contravened.
11. The Hirer and any authorized user, as described in Clause 9.7 above, participate as an insured under the Lessor’s automobile insurance policy, a copy of which is available upon request of the Hirer. The Hirer must comply with the terms and conditions of the said policy and in the event of an accident in which he or the vehicle is involved will:
11.1. Obtain names and contact details (address, telephone no, e-mail) of all parties (drivers and witnesses) involved;
11.2. Take photos of all damage to all vehicles involved and details such as date, time, exact, location, road/weather conditions, speed limit, diagrams, etc.
11.3. Not admit liability or guilt or give money to any persons involved;
11.4. Not abandon the vehicle without adequate provision for safeguarding and securing same;
11.5. Call the Lessor by telephone even in case of slight damage; further completing Lessor’s accident report, including diagram as required on return of vehicle; and
11.6. Notify the police immediately if another party’s guilt or liability has to be ascertained, or if any person is injured.
11.7 Call the Lessor’s insurer within 1 hour of the accident in the event the accident involves a third party. If the Hirer has not opted for Insurance Excess Reduction cover and the accident is reported within one hour then the insurance excess detailed on the front of the hire agreement will be reduced by £500 and if reported after more than one hour then the insurance excess will be increased by £500. If the Hirer has opted for Insurance Excess Reduction cover and the accident is reported within one hour then the insurance excess detailed on the front of the hire agreement will be reduced to zero and if reported after more than one hour then the insurance excess will be increased to £500.
12. The Hirer will do nothing to render the insurance policy invalid or voidable.
13. The Hirer hereby releases and indemnifies Lessor from and against any liability for loss or for damage to any property (including costs relating thereto) left, stored or transported by Hirer or any other person in or upon the vehicle before the hire, during the hire or after return of the vehicle to Lessor. Any property left or stored at Lessor’s premises will be destroyed if left unclaimed after 30 calendar days from the end of the hire.
14. If the vehicle is to be driven outside of the UK it is the Hirer’s responsibility to ensure that the tyres adhere to the legislation of the countries in which the vehicle will be driven.
15. Vehicles Parked At Owners Own Risk within Lessor’s premises. The Lessor accepts no liability or responsibility for the Hirer’s vehicle (or any vehicle connected with the hire) and their own personal effects/belongings within their vehicle(s) whilst parked within the Lessor’s premises and/or any third party premises connected to the Lessor.
16. Any addition or alteration to these terms and conditions shall be null and void unless agreed upon in writing by the parties. The Hirer agrees that the data shown overleaf may be stored, processed and transmitted electronically by Lessor. This agreement shall be governed by and construed in accordance with the laws of England.
19. Reference to “the Hirer” in this agreement shall include any other person authorized by the Lessor to drive the vehicle during the period of hire, other than an agent of the Lessor.
20. In the event of a booking being cancelled within 14 calendar days of the beginning of the proposed rental period, the Lessor reserves the right to charge not more than 50% of the total hire rental. In the event of a booking being cancelled with no more than 72 hours’ notice, the Lessor reserves the right to charge 100% of the total hire rental.
21. All equipment or other property belonging to the Hirer and the other passengers must be insured by the relevant owner during the hire. The Lessor is not responsible for insuring such items, nor will it be liable for any damage or loss caused to such equipment or property, howsoever caused.
Revised 7th March 2024
SLEEPER BUSES: TERMS & CONDITIONS OF RENTAL
1. DEFINITIONS
1.1 “Contract” means any contract between the Company and the Hirer for hire of a vehicle and/or trailer belonging to the Company, regardless of when or where such contract is formed.
1.2 “Force Majeure” means any event beyond the reasonable control of the Company, including, but not limited to, strikes, lock-outs or other industrial disputes (whether involving the workforce of the Company or any other party) traffic congestion; failure of transport network; act of God; war; riot; civil commotion; malicious damage; vehicle breakdown; emergency or act of terrorism; compliance with any law or regulatory requirement; accident; adverse weather conditions; fire; flood; storm; defaulting of suppliers or sub-contractors/
2. APPLICATION
2.1 These Terms and Conditions apply to the Contract between the Company and the Hirer, to the exclusion of any other terms that the Hirer seeks to impose or incorporate, and which are implied by trade, custom, practice, or course of dealing.
2.2 A Contract between the parties shall only come into existence once the Company has accepted (in writing) an order received from the Hirer and the Hirer signs a copy of this Agreement, provided that non-signature of this Agreement by the Hirer does not operate to disapply the terms of this Agreement. Once passengers authorized by or connected with the Hirer (including without limitation, the Artist) board the Bus and/or the Bus is supplied to the Hirer at the beginning of the Hiring Period, the terms of this Agreement are deemed to have been accepted.
2.3 No alteration of these Terms and Conditions, whether by addition, omission or substitute will be permitted or binding upon the Company unless agreed by it in writing.
2.4 The Hirer warrants that it acts on behalf of all passengers on board the Bus during the Hiring Period excluding the driver, including for the purposes of additional costs incurred during the Hiring Period, whether or not the Hirer travels during the Hiring Period. If the Hirer will not be travelling, it must inform the Company of the identity of its representative, as the Company will take instructions from the Hirer only.
3. QUOTATIONS
3.1 Quotations are given on the basis of the most direct route and any information provided by the Hirer. The Bus driver has the final decision as to the route taken, with full consideration for the safety and well being of passengers.
3.2 The choice of route is at the absolute discretion of the Company except where a specific route has been agreed with the Hirer, and confirmed to the Hirer by the Company in writing.
3.3 Quotations are valid for 28 days from the date of issue by the Company.
3.4 All quotes given are subject to availability of drivers and vehicles. Acceptance of a quotation by the Hirer will not form a contract. A Contract will only be formed in accordance with condition 2.2 above. The Company will have no liability to the Hirer if at any time of acceptance of a quotation provided by the Company the Company does not have available for the proposed Hiring Period a vehicle suiting the Hirer's requirements.
3.5 Quotations provide an estimate of the cost of hire of the Bus and fuel only. Admission charges, accommodation, coach parking fees, parking fines and all other expenses of travel and accommodation are excluded. The Company will endeavour to provide the vehicle requested. If unavailable, the Company reserves the right to provide a similar substitute vehicle.
4. SUPPLY OF SERVICES
4.1 The Company will supply the Services to the Hirer in accordance with the terms of this Agreement in all material respects.
4.2 The Company shall use its best endeavours to meet any performance dates specified in the Agreement, but any such dates shall be estimates only and time shall not be of the essence for performance of the Services.
4.3 The Company shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services.
4.4 The Company warrants to the Hirer that the Services will be provided using reasonable care and skill. The Company will provide a certified driver and shall be solely responsible for the drivers’ licenses, compliance with all legal requirements and insurance, including, without limitation, workers compensation.
4.5 The Company will not be obliged, and will instruct its drivers not to provide any Services on promotional days and/or rest days advised by the Company, unless otherwise provided herein.
4.6 If any alteration to the route is agreed by the Company before or after commencement of the Hiring Period and confirmed to the Hirer in writing, then the Hirer expressly acknowledges and agrees that the Company shall be entitled to increase the fees to take account of such alteration, and that it shall be liable to pay any and all such increases.
4.7 The Company shall at it’s own expense carry compulsory motor insurance in accordance with the minimum requirements of the Road Traffic Act 1988, which extends to include the carriage of passengers and goods for hire or reward.
5. HIRER’S OBLIGATIONS
5.1 The Hirer shall:
(a) co-operate with the Company in all matters relating to the Services;
(b) provide the Company with such information and materials as it may require in order to provide the Services, and ensure that such information is accurate in all material respects;
(c) obtain and maintain all necessary licences, permissions and consents which may be required before the start of the Hiring Period; and
(d) comply (and procure that all passengers comply) with all applicable laws and regulations relating to the Services, including, without limitation, all ferry regulations.
5.2 If the Company’s performance of any of its obligations under this Agreement is prevented or delayed solely as a result of any act or omission of the Hirer or any failure by the Hirer to perform any of its obligations (“Hirer Default”):
(a) the Company shall, without limiting its other rights or remedies, have the right to suspend performance of the Services until the Hirer remedies the Hirer Default, and to rely on the Hirer Default to relieve it from the performance of any of its obligations to the extent the Hirer Default prevents or delays the Company’s performance of its obligations;
(b) the Company shall not be liable for any costs or losses sustained or incurred directly or indirectly from the Company’s failure or delay to perform any of its obligations as set out in this condition 5.2; and
(c) the Hirer shall reimburse the Company on written demand for any costs or losses sustained or incurred by the Company arising directly from the Hirer Default.
5.3 In the event that no shore power is available at a location, the Bus driver is not permitted to allow the Bus engine to remain running to provide power for use by passengers on board the Bus. The Hirer acknowledges and agrees that it is its responsibility to provide shoreline power at venues on show days, and on travel days or non-show days when the Bus is stationary.
5.4 The Hirer acknowledges and agrees that the Bus is a sleeper coach night liner and not a taxi service and agrees to treat it as such (and to procure that all passengers do likewise).
5.5 The Hirer (or tour manager acting on its behalf) must advance and provide the Bus driver with suitable parking arrangements for the Bus and accessible landline power plug in upon arrival.
6. FEES AND PAYMENT
6.1 The Hirer will pay the Fees in accordance with the Payment Terms.
6.2 The Hirer shall be liable in addition for payment of all Additional Costs incurred during the Hiring Period, as specifically set out at the beginning of this Agreement.
6.3 Time of payment is of the essence, whether the amount due is payable by instalments or in one single payment.
6.4 In the event that the Hirer fails to make any payment due under this Agreement by the due date (or in the case of the Additional Costs payable by the Hirer during the Hiring Period, on demand) the Company may (without limiting any other right or remedy to which it may be entitled):
(a) charge the Hirer interest on the overdue amount at the rate of 3% per annum above the base rate of Bank of England's base lending rate accruing on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment, and compounding quarterly;
(b) suspend provision of the Services with immediate effect until payment is made in full; and/or
(c) terminate this Agreement.
6.5 The Hirer shall pay all amounts due under this Agreement in full without any deduction or withholding except as required by law and the Hirer shall not be entitled to assert any credit, set-off or counterclaim against the Company in order to justify withholding payment of any such amount in whole or part. The Company may, without limiting its other rights or remedies, set off any amount owing to it by the Hirer against any amount payable by the Company to the Hirer.
6.6 If any significant changes are made to the route agreed by the parties (for whatever reason), such significance to be determined by the Company in its reasonable judgement, the Hirer will be liable for the cost of such route changes, at a cost of 1.10 GBP per additional mile.
7. DRIVERS HOURS AND REST REGULATIONS
7.1 The hours of work specified by the Company for the Bus driver during the Hiring Period must be strictly observed so that all laws and/or regulations governing driver's hours and rest periods can be complied with. The Company shall be entitled to immediately terminate this Agreement. Curtail or otherwise alter any Hiring Period which otherwise is at risk of falling to comply, or does not comply, with the relevant laws or regulations.
7.2 The Hirer will be provided with a copy of any relevant regulations upon request.
7.3 The Hirer acknowledges that it is aware that even short periods of driving (for example from hotel to a venue) may constitute an offence by extending the period of driving or reduce the required rest period. In addition to all its other rights referred to in these Terms and Conditions the Company further reserves unto itself the right to terminate this Agreement and institute proceedings for breach of contract or other remedy, in order to recover losses that may be sustained as a result of the Hirer knowingly instructing or requesting a driver to infringe the laws and regulations regarding drivers hours or rest periods.
7.4 For the avoidance of doubt it is a strict condition of hire that the Hirer and no person acting on the Hirer’s behalf will give any instructions or requests to a driver which does or may lead to a breach of any relevant laws and regulations governing drivers hours and rest periods.
7.5 The Hirer must provide the driver with two meals per day – a brunch style serving in the day and a hot meal in the evening.
8. HIRERS AND PASSENGERS PROPERTY, EFFECTS AND EQUIPMENT
8.1 The Hirer and all passengers on the Bus are solely responsible for all supervision, conduct, maintenance, safety and insurance (against all risks including, without limitation, fire and theft) of their own property, equipment and personal effects. The Company does not accept any responsibility or liability for loss or damage to such property, equipment and personal effects, however caused. The owner of the relevant equipment or property shall be obliged to insure at its own cost with a reputable insurance company all such equipment or property against all risks which would normally be insured against by a prudent businessman to at least their full replacement value and the Hirer shall be solely responsible for ensuring that all such equipment and property transported on the Bus or Trailer during the Hiring Period is so insured, and that all passengers are informed of this requirement.
8.2 All equipment or other property belonging to the Artist, the Hirer and other passengers must be insured by the relevant owner during the hire. The Company is not responsible for insuring such items, nor will it be liable for any damage or loss caused to such equipment or property, howsoever caused.
8.3 Any merchandise purchased by the hirer internationally to be consigned to the Company prior to the commencement of the Hiring Period must be delivered on DDP (Delivered Duty Paid) terms. In the event such merchandise is delivered under any other terms then the Company reserves the right to recover any costs incurred such as duty, insurance, freight, etc, and charge an admin fee of £100 + VAT.
9. LIMITATION OF LIABILITY
9.1 Nothing in these Terms and Conditions shall limit or exclude the Company’s liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors:
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
9.2 Subject to condition 9.1 and all other terms hereof:
(a) the Company shall not be liable to the Hirer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, loss of reputation, pure economic loss or for any indirect or consequential loss arising under or in connection with this Agreement; and
(b) the Company’s total liability to the Hirer in respect of all other losses arising under or in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise shall not exceed the total Fees paid to the Company under this Agreement.
9.3 Except as set out in these Terms and Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement.
9.4 The Company shall not be liable to the Hirer as a result of any delay or failure to perform its obligations under the Agreement as a result of a Force Majeure Event including, without limitation, missing travel connections, arriving late at venues and/or missing events.
9.5 This condition 9 shall survive termination of this Agreement.
9.6 In the event of mechanical failure only, the Company shall seek immediate repair or shall seek to furnish a similar replacement vehicle where this is not possible.
10. TERM AND TERMINATION
10.1 This Agreement shall come into effect in accordance with condition 2.2 and (subject to any earlier termination in accordance with the terms of this Agreement) shall continue in effect until expiry of the Hiring Period.
10.2 The Company may, without limiting its other rights or remedies, terminate this Agreement with immediate effect upon notice to the Hirer in the event that:
(a) the Hirer commits a breach of this Agreement and such a breach, if capable of remedy, is not remedied within 2 days of the Company giving the Hirer notice of the breach;
(b) the Hirer is unable to pay its debts, or becomes insolvent, or is subject to an order or resolution for its liquidation, administration, winding-up or dissolution (otherwise than for the purposes of a solvent amalgamation or reconstruction), or has an administrative or other receiver, manager, trustee, liquidator, administrator or similar officer appointed over all or any substantial part of its assets, or enters into or proposed any composition or arrangement with its creditors generally, or is subject to any analogous event or proceeding in any applicable jurisdiction;
(c) if the Hirer fails to pay any amount due under this Agreement on the due date for payment.
10.3 The Company may terminate this Agreement due to an event of Force Majeure which makes it impossible for the Company to continue to provide the Services within the Hiring Period. In such event, the Hirer’s sole remedy and the Company’s entire liability shall be limited to (if the Company determines a refund is appropriate in the circumstances) refunding any amounts paid by the Hirer under this Agreement up to the date of such termination, less any costs incurred by the Company in providing the Services up to (and including) the date of termination.
10.4 If the Hirer wishes to cancel this Agreement, the following scale of charges will apply in relation to the payment of Fees, and all payments of such charges shall be due and payable immediately.
Cancellation Notice: Charge:
28 days or more: Confirmation deposit
21-27 days: 25% of Fees
14-20 days: 50% of Fees
8-13 days: 75% of Fees
1-7 days: 100% of Fees
10.5 Any cancellation charges levied by the Company may (at the Company’s discretion) be credited to the Hirer against any future Contract to provide bussing services.
10.6 If the Hirer wishes to cancel this Agreement during the Hiring Period, then the Hirer remains liable for payment of the fees in full.
10.7 On termination of this Agreement for any reason:
(a) the Hirer shall immediately pay to the Company all of the Company’s outstanding unpaid Fees in full and interest;
(b) the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected, including the right to claim damages in respect of any breach of this Agreement which existed at or before the date of termination or expiry; and
(c) conditions which expressly or by implication have effect after termination shall continue in full force and effect.
11. BREAKDOWNS AND DELAYS
11.1 The Company provides journey schedule and estimates of journey times in good faith and does not guarantee the completion of any journey in any specific time and will not be liable to the Hirer or any third party for loss or inconvenience or consequential loss or damage allegedly caused by the actual journey time.
11.2 The Company has a goal of getting the Hirer from one location to the next, therefore alternative arrangements may not always be another sleeper coach. Where reasonably possible the Company will send a replacement sleeper coach but if the Company sends another vehicle the Company will be responsible for reasonable costs incurred with the hirer’s sleeping accommodation. The Company outlay is to provide alternative “temporary transport” that will not exceed the daily rate that the Company leases the Bus to the Hirer at. Any difference must be met by the Hirer.
11.3 If the Company has not been paid in full prior to breakdown date then its only responsibility is to assist the Hirer in obtaining another method of transport, at the expense of the Hirer, at which time this Agreement will be terminated by mutual consent.
12. USE OF VEHICLE
12.1 The Hirer must not load, or permit to be loaded, any vehicle beyond the number of passengers it is legally permitted to carry, nor to be loaded in such a way that the maximum permitted weight is exceeded either in whole or on any axle or other part of the vehicle.
12.1.2 The Bus is licensed to carry a maximum number of people in transit as shown in the table below. This includes the Bus driver(s). If the Hirer attempts to carry more than the licenced number of people the Bus driver will not commence the journey and the Hirer will be considered in breach of contract. Please advise in advance the carriage of any children or passengers with a disability travelling on the Bus.
Bus: COIF seating capacity (including driver(s)):
10 berth 16
Standard 12 berth 16
Premium 12 berth 14
16 berth 17
12.1.3 The Hirer will be held responsible for any damage to Company vehicles and interior fixtures and fittings that is caused solely by the Hirer or any passengers. The Company reserves the right in these circumstances to terminate the Agreement with immediate effect if a suitable agreement to cover cost of repair or replacement to the damaged property is not reached and payment received upon demand.
In the event of fuel prices rising more than 5% between time of issue of the Quotation by the Company and the Hiring Period then this rise will be passed onto the Hirer and be payable by it in addition to the Fees.
13. BUS TRAILERS / BAY SPACE
13.1 The Hirer will be advised in advance of Trailer and Bus capacity and any overloading will not be accepted by or be the responsibility of the Company
13.2 All trailers are serviced and maintained to the highest standard, however the Company cannot guarantee that trailers will not break down. In such event, including, without limitation, the onward transportation of equipment or other property of the Hirer, Artist or passengers will not be the responsibility of the Company, including, without limitation, the cost of same.
13.3 All equipment or other property belonging to the Artist, the Hirer and other passengers stored in the trailer must be insured by the relevant owner during the hire. The Company is not responsible for insuring such items, nor will it be liable for any damage or loss caused to such equipment or property, howsoever caused.
14. ASSIGNMENT AND SUBCONTRACTING
14.1 The Company may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under this Agreement and may subcontract or delegate in any manner any or all of its obligations under this Agreement to any third party or agent. The Company shall remain secondarily liable.
14.2 The Hirer shall not, without the prior written consent of the Company, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under this Agreement.
15. SEVERANCE
If a court or other competent authority finds that any provision of this Agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part provision shall, to the extent required, deemed deleted, and the validity and enforceability of the other provisions of the Agreement shall not be affected.
16. GOVERNING LAW/JURISDICTION
This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English Law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England & Wales.
Revised 20th June 2022
