Terms and Conditions
1. Availability
The quotation is made subject to a vehicle of the type and seating capacity mentioned therin being available on the date required at the time of acceptance. It is, therefore, in the interests of the CONVENER to confirm the acceptance with the least possible delay.
2. Responsibility for payment
The individual signing the acceptance form shall be responsible for payment in his capacity as agent for the Group. Such payment must be made in full before the Special Service commences, unless arrangements to the contrary are made at the time of booking. Despite such individuals responsibility, each member of the Group nevertheless remains jointly and individually responsible for payment of the amount due.
3. Route
Unless a particular route is specified on the quotation, all running will be by the most direct route from starting point to destination. Variation of route, destination, starting point, times or dates, must be communicated to the Company and confirmed by it before the Special Service commences. All kilometres and standby time not included in the original quotation must be paid for by the CONVENER at the ordinary rates applicable to the vehicle in question. Where a particular route is specified the company accepts no responsibility for its suitability and the CONVENER will not be relieved of any liability should the specified route not be trafficable or passable. This decision rests with the Company on which the Company will decide.
4. Cancellation
This contract cannot be cancelled except by mutual agreement between the Company and the CONVENER, and the Company in its absolute discretion shall be at liberty to charge up to 20 percent of the charge as a cancellation fee.
5. Tolls and Ferry Dues
Unless otherwise stated, this quotation does not include the payment of tolls or ferry charges which shall be paid by the CONVENER.
6. Time Keeping
While the Company will make every reasonable effort to conform with the proposed timetable it does not undertake to commence or complete the journey at or in any specified time and it shall not be liable in any way whatsoever for any total or partial failure to perform the contract by reason of any mechanical or other defect, breakdown, accident or any other cause including any strike, or lockout, fire, flood or tempest, or for any claims, damages or expenses arising out of any such failure as aforesaid, or any delay in the starting, transit, arrival or return of any vehicle.
7. Company’s right to sub-contract
The company reserves the right to sub-contract in case of emergency, but when this right is exercised the vehicle substituted will as nearly as circumstances permit, compare with the Company’s own vehicle in style, comfort and reliability.
8. Company’s liability
The company shall not be liable to the CONVENER for any loss or damage suffered by the CONVENER in trade, business, or profession in consequence of any loss or damage to any property or of the death or personal injury to passenger or employee with whom the CONVENER has a contract or a contract of service. All arrangements made for the use of the Company’s vehicles, steamers, launches, ferries, aircraft, and Hotel accommodation, etc, are made by the Company as Agents on the express condition that it shall not be responsible for any loss, damage, injury, accident, delay or any other circumstances caused to a passenger in any such Hotels, steamers, launches, vehicles, ferries or aircraft, the CONVENER indemnities the Company against any claims that may be against it in respect therof.
9. Luggage and Personal Property
The company shall not be responsible for any loss of or damage to luggage, or personal property however caused.
10. Damage caused to vehicles
The CONVENER will be responsible to the Company for any damage or loss caused to the vehicle, its fittings or equipment by the negligence or misconduct of any passenger, or by any employer or ageny of the CONVENER.
11. Luggage
The conveyance of any package, luggage, or any other article (including livestock), which in the opinion of the Company may cause damage to the vehicle or any person carried on such vehicle, is prohibited. The decision of the Company or its representative as to whether any package, luggage, or other articles shall be carried or not and also as to the part of the vehicle and the manner in which the same shall be deposited and carried shall be final and shall be accepted by the CONVENER.
12. Seating Capacity
The CONVENER will not permit or cause to be carried more passengers than the authorised and actual number of seats in the vehicle and will not allow any passengers to sit anywhere in or on the vehicle except in the passenger seats provided.
13. Compliance with instructions given by the driver
The CONVENER undertakes to ensure that any lawful instructions given by the driver(s) of the Vehicle(s) will be observed by the passengers in so far as they relate to the safety of the passengers and the vehicle(s) concerned. The CONVENER further undertakes to ensure that the driver(s) approved of by the Company shall drive the vehicle at all times and that no passenger shal drive or attempt to drive the vehicle or obstruct or impede the driver or any authorised person in the course of his duty.
14. VEHICLES BEING FERRIED
The contract of carriage and the liability if any thereunder of the Company or any other Company or persons is limited to the matters arising out of carriage upon its or their or his respective road vehicle, and does not cover any loss or damage which may occur to a passenger or his goods during any period when any vehicle on which he is travelling is being:
(a) Embarked upon or disembarked from any ferry or vehicle being used as a ferry or –
(b) Ferried across any river, lake, watercourse or other stretch of water.
15. APPLICATION OF GENERAL CONDITIONS OF CARRIAGE
The Company reserves the right to decline to execute or to complete any contract should the above conditions not be strictly complied with. Such right, when exercised by the Company shall be without prejudice to their right to claim damage or other relief from the CONVENER.
16. COMPANY’S RIGHT TO DECLINE
The general conditions under which passengers and goods are carried on buses and trailers operated by the Company shall apply, except as Indicated in paragraph 1 of those conditions.
17. COMPLIANCE WITH LAW
The Hierer undertakes to observe any regulations arising out of the Motor Carrier Transportation Act, 1930 and/or 1977 end as amended or of similar and appropriate laws of any other country or countries in which the vehicle may travel during the perid of hire.
18. Prohibited Items
No alcohol, illicit drugs or weapons will be permitted. Failure to comply can result in the immediate cancellation of the hire at the sole descretion of the Company.