These conditions apply whether a contract has been made verbally or in writing between INTX ‘the company’ and the client. The client acts on behalf of all the passengers travelling on the vehicles. The client is responsible for the actions and decisions of all the passengers on board including any additional costs incurred in performing the contract, whether or not they actually travel with the party. The company agrees to supply the services as per the quotations and will only accept instructions from the client, unless a nominated representative is agreed in advance. Where a copy of these conditions has been given to the client at any time, or the client has been advised verbally of all significant terms, making a booking will be deemed to signify acceptance of them. Where a client makes a booking before receiving these conditions and without being advised verbally of all significant terms, the client may cancel the contract without liability to the operator within 48 hours of receiving these conditions. Otherwise, the client will be deemed to accept these conditions.
Quotations are given on the basis of the direct route and on information provided by the client. The route used will be at the discretion of the company unless it has been particularly specified by the client in which case it will be clearly shown on the confirmation. All quotations are given subject to the company having available a suitable vehicle at the time the client accepts the quotation. Quotations are valid for 14 days unless otherwise notified. Quotations will identify the services to be provided, any additional charges will be separately identified and will be the client’s responsibility unless otherwise specified. The Company reserves the right to change quotations at any time within the 14-day period provided that a booking has not been confirmed by both parties in writing.
3. Use of the Vehicle
The vehicle will be supplied for the purpose requested. Any variations to this will need to be agreed with the company in advance.
4. Route and Time Variation
The company reserves the right to levy additional charges for any additional mileage or time to that agreed for any reason, including road conditions, diversions and traffic incidents. The charges will be pro rata and in accordance with the formula used for the original booking confirmation. The vehicle will depart at times agreed by the client, and it is the responsibility of the client to account for all passengers at those times. The company will not accept liability for any losses incurred by passengers who fail to follow instructions given by the client.
5. Drivers’ Hours
The hours of operation for the driver are regulated by law, and the client accepts the responsibility of ensuring the hire keeps to the hours and times agreed by the Company. Neither the client nor any passengers shall delay or otherwise interrupt the journey in such a way that the driver is at risk of breaching regulations relating to driving hours and duty time. If any breach is likely to occur, the client will be responsible for any additional costs incurred unless it is outside the control of the client. The calculation of any additional costs will be as in condition 4.
6. Seating Capacity
The company will, at the time of booking, agree and specify the legal seating capacity of the vehicle to be supplied. The client must not load the vehicle beyond this capacity.
Payments must be made in accordance with the agreed credit terms between the client and the company. Any deposit requested must be paid in order to secure the booking. If no credit terms have been agreed the balance must be paid 7 days before the commencement of the booking unless otherwise agreed by the company. The company reserves the right to cancel your booking without refund should payments not be made within the time scales above. The company reserves the right to add interest at the rate of 4% per annum above the base rate of The Royal Bank of Scotland, calculated on a daily basis, from the date by which payment should have been made. Please note that deposits are non-refundable.
8. Cancellation by Client
If the client wishes to cancel any agreement, the following scale of charges will apply in relation to the total hire charge:
• 10 days or more 50% of hire
• 6-9 days 60% of hire
• 3-5 days 70% of hire
• 1-2 days 80% of hire
• Day of hire, or at or after arrival of the vehicle at the departure point 100 % of hire.
Additionally, the cost of any accommodation, meals, arranged excursions or tickets etc. that may have already been purchased by the company at the request of the client, will be charged to the client, plus any administration charges incurred by the company.
Cancellation due to inclement weather conditions will also be charged as above.
9. Cancellation by the Company
In the event of any emergency, riot, civil commotion, strike, lock out, stoppage, traffic incident or on the happening of any event over which the company has no control [including availability, adverse weather and road conditions] or in the event of the client taking any action to vary agreed conditions unilaterally, the company may, by returning all money paid and without further or other liability, cancel the contract.
10. Sporting Events
In the event that a sporting event has been cancelled for unforeseen circumstances. The company is not liable for a refund to the customer.
11. Vehicle to be Provided
The vehicle provided by the company is at the absolute discretion of the company provided that it meets with the agreed specification.
12. Breakdown and Delays
The company gives its advice on journey time in good faith. However, as a result of breakdown or traffic congestion, or other events beyond the reasonable control of the company, journeys may take longer than predicted. Under no circumstances shall the company be liable (in contract, tort or otherwise) for any loss of profits, business, or for any indirect or consequential loss whatever or inconvenience suffered by the client as a result.
13. Agency Arrangements
Where the company arranges ancillary facilities such as meals, accommodation, ferries, excursions, guides or tickets or any other services provided by another supplier, it does so as agent for and on behalf of the client. Any items and conditions imposed by such other suppliers through the company shall, insofar as they are supplied to the client, be binding on the client as if he had directly contracted such services and the client shall indemnify the company against any loss, claim, damage or award in respect of a breach of such supplier’s terms and conditions brought about by the client’s action.
14. Passengers’ Property
a. All vehicles hired by the company are subject to restrictions on carrying luggage for statutory safety reasons. The client accepts that the driver shall be the sole judge as to whether and to what extent passengers’ property is carried. Large bulky items may not be able to be carried, and the client should take all steps to notify the company in advance of such requirements.
b. The company accepts any personal property of the client and their passengers on the understanding that it will take all reasonable steps to avoid loss or damage. The client should notify the company or the driver if items of exceptional value are to be carried on the vehicle. It is the client’s responsibility to minimise risk of loss when property is left unattended.
c. The Company’s liability for loss and damage to property, however caused, is limited to £50 per bag, case of package with an overall limit of £100 [overall claim value] maximum per passenger. It is the responsibility of the client to ensure that items over this value are insured separately for loss and damage.
d. The limits in this section do not apply to personal injury claims.
e. All articles of lost property recovered from the vehicle will be held at the company’s premises where the vehicle is based and will be subject to the current Public Service Vehicle [Lost Property] Regulations. The company will provide details of this legislation on request.
f. On continental hires it is important that all customer luggage is clearly labelled, even hand luggage and that no baggage is carried for third parties.
15. Conduct of Passengers
a. 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. These regulations set out certain rights and responsibilities on all parties, and full details of these can be obtained from the company on request. The client is responsible for any damage caused to the vehicle by any passenger for the duration of the hire.
b. Where the hire is to a sporting event, the client should be aware of the legal requirements relating to alcohol, contained in the Sporting Events [Control of Alcohol] Act 1985, [as amended] and the conditions of entry to racecourses as laid down by the Race Course Association Limited.
16. Liability for Injury
The company will not accept any liability for damage, injury or loss for any passenger not complying with legislation whilst traveling in one of the company’s vehicles.
In the event of complaint about the company’s services, the client should endeavour to seek a solution at the time by seeking assistance from the driver or from the company. If this has not provided a remedy, complaints should be submitted in writing and within 5 days of the completion of the hire. The company will acknowledge all complaints within 14 days and will normally reply fully within 28 days.
18. Refreshment and Alcoholic Drinks
Other than on a vehicle fitted expressly for that purpose, food [except confectionery] and drink [including alcoholic beverages] may not be consumed on the vehicle without prior written consent from the company.
Once a confirmation has been issued to the client, providing there are 7 days prior to 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 7 days of departure. On notification of such surcharges, the client may cancel the booking subject to the scale of cancellation charges shown in paragraph 8. The liability of the company will be limited to the cost of the hire and any ancillary services supplied.