1.1 In these Conditions: "Booking Form" means the Seller's booking form which when completed constitutes the Buyer's request for the Seller's Services;
"Buyer" means the party named in the Booking Form buying the Services and any person upon whose behalf that party acts which for the avoidance of doubt shall include all the other persons for whom the Event booking is made.
"Conditions" means the standard terms and conditions and the Booking Form set out in this document and includes any special terms and conditions agreed in writing between the Buyer and the Seller for the supply of the Services;
"Driver" means the person authorised to drive the Vehicle;
"Event" means the trip(s) booked by the Buyer;
"Platinum Service" means the transport service provided by the Seller to the Buyer to and from a pre-arranged location prior to and after the provision of the Services;
"Price" means the Seller's quoted price or, where no price has been quoted, the price listed in the Seller's published price list at the date that the Contract is made;
"Seller" means THE PARTY BUS, a who is operating from 13 Rosemount Business Park Dublin 11
"Services" means the services which the Seller is to supply in accordance with these Conditions;
"Vehicle" means the bus, coach or similar vehicle used for the Event.
1.2 Any reference in these Conditions to a statute or a provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time.
1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
2. BASIS OF THE SALE
2.1 The Seller shall supply and the Buyer shall buy the Services in accordance with these Conditions and neither party shall make any alterations of the terms of these Conditions without the other party's agreement in writing.
2.2 The Seller intends to rely upon the Conditions set out in this document and the Booking Form. If any amendments to these Conditions are required the Buyer should request that they are put in writing.
2.3 The Buyer agrees to inform all other persons for whom an Event booking is made of the Conditions and shall be responsible (together with such persons) for ensuring that the Conditions are complied with.
3. BOOKINGS AND CANCELLATIONS
3.1 A contract shall not come into existence between the Buyer and the Seller until the Buyer's Booking Form is accepted by the Seller's written acceptance.
3.2 The Buyer shall be responsible to the Seller for ensuring the accuracy of the information supplied on any Booking Form and for giving the Seller any necessary information relating to the Services within a sufficient time to enable the Seller to perform the Services.
3.3 If the Buyer cancels its request for Services less than 21 days before the date agreed for provision of the Services, the Seller shall have the right to charge the Buyer an amount to cover any reasonable losses and costs the Seller has suffered because of the cancellation. If the Seller receives another booking to replace the Buyer's cancelled request for services, the Seller shall repay the Buyer in full less an amount to cover its costs associated with the new booking and any shortfall in the booking price.
3.4 A Buyer who cancels a booking prior to the 21st day before the date agreed for provision of the Services shall be refunded the Price less any administration costs.
3.5 The Seller may in its discretion cancel, suspend or terminate the supply of Services if the Buyer fails to make payment when the same is due or commits a major breach of its obligations under the Contract with the Seller;
3.6 The Seller may also in its absolute discretion at any time cancel, suspend or terminate the supply of Services by reason of the Buyer's behaviour or drunkenness (or that of anyone in the Buyer's party) which is likely to cause distress, damage or danger to other guests, clients, employees or any third party. Where cancellation takes place prior to the date on which the Services are to be provided, a full refund of the Price will be offered.
4.1 The Buyer shall pay the Price to the Seller for the Services. Until such time as the Seller has accepted the Buyer's Booking Form in accordance with Term 3.1, the Seller reserves the right to alter its Prices without prior notice.
4.2 The Buyer shall ensure that the deposit referred to in the Booking Form accompanies the completed Booking Form. The deposit that covers administration and other charges will not be refundable to the Buyer unless the Seller commits a major breach of the Contract.
4.3 The Seller shall be entitled to invoice the Buyer for the Price at any time after the Seller receives the Booking Form from the Buyer.
4.4 The Buyer shall pay the Price (less the deposit already paid) at least 21 days before the date of the Event. If payment is not received the Buyer's booking shall be considered to have been cancelled.
5.1 The Driver will take the direct route between each Event venue in the order specified in the Conditions.
5.2 Unless otherwise stated in the Booking Form, the Price does not include the cost of drinks, food, admission and parking charges for special events or porterage charges and/or any other items specifically referred to in the Booking Form. The Buyer shall pay for such charges.
5.3 The Seller may use an Event Vehicle for any other purpose during any period that the Vehicle is not transporting the Buyer during an Event.
6. THE SELLER'S OBLIGATIONS
6.1 The Driver is responsible for ensuring that the Vehicle is safe at all times. Any action of the Buyer, which threatens or is likely to threaten the safety of the Driver or other passengers of the Vehicle, or is in breach of statutory regulations, shall entitle the Driver to require the Buyer to leave the Vehicle immediately.
6.2 The Seller 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 Buyer except where refusal is due directly to the Seller's own negligence. The Seller will, however, do its best to provide a suitable alternative venue in such circumstances provided that the reason for refused entry is not related to the Buyer's dress, behaviour or drunkenness (or that of anyone in the Buyer's party).
6.3 The Driver may withdraw the Vehicle if the Buyer does not board the Vehicle within 15 minutes of the designated time.
6.4 The Seller will endeavour to complete any journeys between the venues within a reasonable period of time but does not guarantee to complete any journey within a specified period of time and it does not accept responsibility for any inconvenience arising from any delay attributable to reasons beyond the control of the Seller.
6.5 The Seller carries compulsory third party risk insurance as required by law. Other than as a result of the Seller's own negligence or breach of the duty of care owed by the Seller to the Buyer, the Seller does not accept responsibility for any loss, damage, injury, death or inconvenience arising from any accident, breakdown or delay or the Vehicle.
6.6 The Seller and the Driver take all reasonable measures for ensuring the safety of the Buyer whilst on the Vehicle and the Seller recommends that the Buyer remains seated while the Vehicle is travelling between venues. Any Buyer wishing to stand on the Vehicle shall do so at its own risk and the Seller shall not be responsible for any injury, illness, death or other loss sustained as a result, other than due to its own negligence or breach of its duties at common law.
6.7 There is room for reasonable amounts of baggage and equipment, which will be carried at the discretion of the Driver. In the absence of any negligence or breach of duty of care owed by the Seller to the Buyer, all items are carried at the owner's risk and the Seller will not be responsible for any loss or damage.
7. THE BUYER'S OBLIGATIONS
7.1 The Buyer will be liable for any damage the Buyer or any other person in the Buyer's party causes to the Vehicle.
7.2 The Buyer undertakes to ensure that his conduct in or near the Vehicle does not at any time during the Event endanger the safety of any other passenger and does not cause any damage to the Vehicle.
7.3 The Buyer agrees to board the Vehicle punctually at the designated times.
7.4 The Buyer will not smoke, or eat in the Vehicle.
7.5 If the Seller incurs any cost as a result of the Buyer's neglect or default, the Buyer must pay such costs to the Seller in addition to the Price.
8.1 Any complaints in respect of the Services or the Event or any injury or other claim should be reported on the night to the Seller's representative who will be accompanying the Buyer on the Event. Any such complaints, injuries or other claims must also be notified in writing within 14 days of the Event to Customer Services, The Party Bus, 13 Rosemount Business Park Dublin 11.
8.2 The Buyer will then be invited to complete a questionnaire giving all necessary information relating to the complaint, injury or other claim and return it to Customer Services in order to enable the Seller to deal with the complaint, injury or other claim promptly and efficiently.
9. PLATINUM SERVICE
9.1 This service, if required, is additional to the Services normally provided by the Seller but if required will form part of the Services.
9.2 The Seller will charge for the collection and return service in addition to the Price, such charge to be agreed in advance between the Buyer and the Seller. The full amount to be paid for the collection and return service shall be paid by the Buyer to the Seller at the same time as the Price.
9.3 The Seller will not be responsible for the failure of the Buyer to comply with instructions received in connection with the collection and return service. Should the Buyer fail to comply with arrangements for the collection and return service, the Seller reserves the right to organise an alternative service but is under no obligation to do so. Any additional cost of this alternative service will be borne by the Buyer.
9.4 In addition to the Price, the Buyer shall also pay a refundable bond in the sum set out on the Booking Form (the "Bond") as a deposit to be held by the Seller against any damage to or soiling of any vehicle used for the collection and return service (£100). This Bond will be refunded to the Buyer to the extent that no damage to or soiling of the vehicle has taken place or to the extent that the cost of any damage or cleaning up operation fall below the level of the Bond.
10.1 The Seller will not be liable (other than in respect of liability for death or personal injury resulting from the Seller's negligence or breach of duty of care owed by the Seller to the Buyer) for loss, injury or damage that arises from the act or omission of the third party and not from the Seller's own negligence.
10.2 Subject to the provisions of clause 3.3, the Buyer is not permitted to cancel this Agreement except with the written consent of the Seller or where the Seller has committed a major breach of its obligations to the Buyer under this Contract.
10.3 The Contract is between the Seller and the Buyer as principals and may not be assigned by the Buyer without the express written consent of the Seller.
10.4 As the parties intend to rely on the Conditions set out in this document and the Booking Form, these Conditions shall not be varied unless agreed to in writing by both parties.
10.5 If the Seller is in default of any of its obligations hereunder, it shall not be liable where such default is due to any act of God, war, strike, lockout, industrial action, fire, flood, drought, tempest or other event beyond the reasonable control of the Seller ("Unforeseeable Events"). In such circumstances, the Seller shall give notice to the Buyer where possible, and be released from performance of its obligations hereunder to the extent that the Unforeseeable Event prevents or restricts the Seller's performance.
10.6 These Conditions are subject to Irish Law. Relevant Courts in Ireland will have exclusive jurisdiction in relation to all matters regarding the Services to be provided under this Contract.
10.7 It is not the intention of the parties to confer any rights contained in The Contracts (Rights of Third Parties) Act 1999 on any third parties referred to herein (other than any person booked on an Event), and any such rights may otherwise be implied are hereby excluded.