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Butlers Buses Ltd provide coach services under an
Operators Licence within the guidelines established by
the Irish Department of Transport. All the vehicles meet
the licensing and roadworthiness spec which govern the
industry. All drivers employed by Butlers Buses are
qualified and competent to drive the company’s vehicles.
1.0
Definitions
1.1
‘Conditions’ means the Terms and Conditions under which
the Company provides coach services.
1.2
‘Company’ means Butlers Buses Ltd trading as Butlers
Buses
1.3
‘Client’ means the organisation, individual or agent who
contracts the services.
1.4
‘Passenger’ means the person or persons being carried by
the Company’s vehicle.
1.5
‘Reservation’ means the specification of the requirement
from the Client to the Company.
1.6
‘Tariff’ means the agreed set price which is defined by
the Company to its Client.
1.7
‘Price’ means an agreed cost of hire for a vehicle to a
non-regular Client (not subject to an Annual Agreement).
1.8
‘Private Hire’ means a Client who may hire the Company’s
vehicles on an ad hoc basis.
1.9
‘Agency’ means a Client who contracts on an annual basis
for the provision of coach services at an agreed tariff.
1.10
‘Regulations’ means that the Company provides coach
services based upon either Irish Domestic
Regulations or European Community Regulations.
1.11
‘Tachograph’ means a system by which time, distance,
speed and rest taken on each vehicle during the day’s
journeys may be recorded.
1.12
‘Contract’ means the agreement between the Company and
the Client.
2.0
Insurance
2.1 All
Clients or passengers are responsible for maintaining
active adequate travel insurance cover for all
passengers travelling on the Company’s vehicles.
2.2 The
Client’s insurance cover must indemnify the Company
against liabilities which are out of the control of the
Company.
2.3 The
Client’s insurance cover must indemnify the Company from
any such direct or indirect service failure or
negligence by the Client, their servants or agents.
2.4 The
company accepts any personal property of the hirer and
their passengers on the understanding that it will take
all reasonable steps to avoid loss or damage.
2.5 The
hirer should notify the company or the driver if items
of exceptional value are to be carried on the vehicle.
It is the hirer’s responsibility to minimise risk of
loss when property is left unattended.
3.0
Contract
3.1 These
conditions apply whether a contract has been made
verbally or in writing. The hirer acts on behalf of all
the passengers travelling on the vehicles. If the hirer
is a company, group, partnership, an individual must be
named as a responsible person. The hirer 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 will only accept
instructions from the hirer. If the hirer is not going
to travel with the party, representative must be chosen
and the company informed prior to the hire taking place.
3.2 The
Client is wholly responsible for providing the detail of
the services required in writing/by fax/ by email to the
Company at all times.
3.3 The
Company receives the enquiry for coach services from the
Client in writing/by fax/ by email and responds to the
Client in writing/by fax/ by email with the price, or in
the case of an agent with the detail of the reservation.
No contract is place without a confirmation from the
company writing/by fax/ by email.
3.4
Quotations are to be given on the basis of the most
direct route and on information provided by the hirer.
The route used will be at the discretion of the company
unless it has been particularly specified by the hirer
in which case it will be clearly shown on the
confirmation.
3.5 All
quotations are given subject to the company having
available a suitable vehicle at the time the hirer
accepts the quotation.
3.6
Quotations are valid for 28 days unless otherwise
notified.
3.7
Quotations are given for coach and driver only. Any
additional charges will be separately identified and
will be the hirer’s responsibility unless otherwise
specified.
3.8 In
the event of additional fuel surcharges being applied
during the season/period of quotation, the Company
reserves the right to pass on such additional charges to
the Client over and above their tariff/quoted costs.
3.9
Normally, written confirmation by the Company is the
only basis for the acceptance of a hiring or for a
subsequent alteration to its terms.
3.10
Clients are responsible for reconfirming the reservation
detail back to the Company in writing 7 days prior to
the provision of services.
3.11 Any
last minute changes to the requirements by the Client
must be in writing/by fax/ by email and are subject to
availability and at least 72 hours (3 days) prior to
service.
3.12 The
vehicle will depart at times agreed by the hirer and it
is the responsibility of the hirer 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 hirer.
3.13 If
the hirer wishes to cancel any agreement unless
specified the terms of our Cancellation Policy will
apply -
see our cancelation
policy
3.13.1 The company reserve the right to refuse or
terminate a booking should we believe a booking has been placed using
deceptive or fraudulent means.
3.14 In
the event of any emergency, riot, civil commotion,
strike, lock out, stoppage or restraint of labour or on
the happening of any event over which the company has no
control (including adverse weather and road conditions)
or in the event of the hirer 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.
3.15 On
private hire, no animals (other than guide dogs and
hearing dogs notified to the company in advance) may be
carried on any vehicle without prior written agreement
form the Company.
3.16 No
bill or poster is to be displayed on any vehicle without
the written consent of the Company.
3.17
Should an existing Contract be cancelled, in writing, by
either party, this will result in any credit terms being
revoked and all outstanding monies will become due with
immediate effect.
3.18 Provisional bookings unless otherwise specified
will be valid for 2 weeks.
4.0
Terms of Payment
4.1
Subject to any special terms, the Client must pay for
the provision of coach services, before the journey is
undertaken.
4.2
Clients who maintain an annual agreement with the
Company will be invoiced for the provision of coach
services on a daily, weekly or monthly basis according
to the Tariff Agreement and Contract.
4.3
Clients who are contracting on an ad hoc basis will need
to make payment in accordance with the following terms:
4.3.1
Payment in full on confirmation of reservation.
4.3.2
Payment in full on the presentation of invoices.
4.3.3 The
Company reserves the right to levy additional charges
for additional mileage or time than that agreed. The
charges will be pro rata and in accordance will be
advised on the booking form.
4.4 In
the event of a Termination of Contract by the Client,
the Company has without prejudice to any right or remedy
entitled to cancel the reservations and any further
reservations without further notice.
5.0
Provision of Coach Service
5.1 The
Company maintains the right to define the route taken by
any vehicle, unless specifically agreed prior to the
start of the journey.
5.2 The
Company’s drivers maintain the final decision upon the
route taken by the vehicle, with full consideration for
the safety and well being of his/her passengers.
5.3 The
Company takes every precaution to meet pick-up and
set-down deadlines but is indemnified by the Agent or
Client in the event of delays which are out of the
Company’s control.
5.4 The
hirer cannot assume use of the vehicle between outward
and return journeys, nor to remain at the destination
for the hirer’s use unless this has been agreed with the
Company in advance.
5.5
Clients’ representatives, guides, tour leader or escorts
undertake the responsibility at their own risk and must
indemnify the Company against service failure.
5.5.1
Representatives must be qualified and competent to
represent the Agent or Clients.
5.5.2
Representatives must be dressed in accordance with the
Clients instructions and/or passenger ‘type’.
5.5.3
Representatives must be insured by the Clients and
indemnity the Company thereof.
5.5.4
Representatives’ jurisdiction cannot in any way impinge
upon the safety of the vehicle.
5.5.5
Representatives on a part-time basis must meet all the
normal requirements for full-time representatives.
5.5.6
Representatives using Company equipment on the vehicles
are obliged to return the equipment without damage and
in full working order.
5.5.7
Representatives meeting vehicles are wholly responsible
for liaison according to the contract terms.
5.5.8
Representatives must accept as final, such decisions by
the driver, which are in accordance with the Road
Traffic Act and
5.5.9
Passengers Safety and reflect the best possible route.
5.6 The
Drivers retain final discretion over the pick-up and
set-down location in compliance with Road Traffic
Regulations and local restrictions at the time of the
journey.
5.7 The
Contract and Reservations detail regarding arrival and
departure times are defined on the Driver’s Work Ticket.
5.8
Drivers are responsible for the vehicle movement under
the direction of the Traffic Manager who monitors the
position of general traffic situation.
5.9
Drivers provided by the Company are qualified and
competent. They will endeavour to arrive punctually,
subject to road traffic conditions and will offer
assistance whenever possible to passengers and
representatives.
5.10
During busy periods or for unforeseen circumstances. Butlers Buses
reserve the right to use the services of a driver from another
passenger transport company. Great
care is taken to ensure that any replacement driver is carefully chosen
to represent our company and perform his duties to the same high
standard of safety and professionalism expect from a Butlers Buses driver.
The terms and conditions herein will apply to any
replacement driver.
5.10.1 The company have selected drivers who will also
act as your tour guide offering running commentary,
advice on the best places to see/go and a personal
insight into Irish culture and history. This is a free
service and should be requested at the time of
reservation.
If you require the services of a certified professional guide, this must
be booked well in advance of your travel date and will be charged at the
current guiding rate. See
http://www.tourguides.ie/fees.html
5.11
Drivers are responsible for the storage of luggage in
defined compartments. Luggage may not be stored within
the vehicle seating area/gangways/emergency exits. The
decision of where luggage is stored is the driver’s
alone.
5.12 All
vehicles hired by the company are subject to
restrictions on carrying luggage for statutory safety
reasons. The hirer 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 hirer should take all steps to
notify the company in advance of such requirements.
5.13 The
Client indemnifies the Company against loss or damage to
luggage or any such personal possession owned by the
passengers.
5.14 The
driver is not responsible for any porterage but has sole
responsibility and discretion over the storage of
passengers’ luggage.
5.15 It
is the Clients responsibility to remove all waste and
personal items from the vehicle. Any possessions left on
board during or after the journey will be retained by
the driver and handed in to the Transport Manager on
return to the Company’s depot.
5.16 The
Client indemnifies the Company against any such claim
which may arise from loss or damage.
5.17 The
driver is responsible for the safety of the vehicle at
all times, and as such may remove any passenger whose
behaviour prejudices safety. The company is not
responsible for any losses or costs incurred by
passengers as a result of this action. The hirer is
responsible for any damage caused to the vehicle by any
passenger for the duration of the hire and also for any
lost earnings as a result for the time the coach may
need to be withdrawn from service
5.18 The
driver must maintain a record of his hours on a
tachograph and must be able to demonstrate that he/she
meets the regulations under the Company’s operational
procedures and The European Drivers Hours Regulations.
5.19 The
hours of operation for the driver are regulated by law
and the hirer accepts the responsibility of ensuring the
hire keeps to the hours and times agreed by the company.
Neither the hirer or any passenger 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 hirer will be responsible for any additional
costs incurred unless it is outside the control of the
hirer.
5.20 The
Company reserves the right to allocate a vehicle
suitable for the requirement from the Client. Where a
vehicle cannot be supplied from Butlers Buses own fleet
the company reserve the right to supply a similar or
higher specification vehicle without prior notice from
another suitable company with similar safety and quality
policies as Butlers Buses. The same terms and conditions
will apply to the replacement vehicle.
5.21 The
Client at the point of reservation may specify the size
of the vehicle but the Company maintains the right to
provide a vehicle which meets the requirements without
prejudice to the reservations.
5.22 The
Company reserves the right to provide a larger vehicle
than that specified at no additional charge unless any
extra seats are used in which case an additional pro
rata charge will be made to the hire charge.
5.23
Clients specifications for mini-coaches or double
deckers will be accommodated strictly on a first come
first served basis with availability being confirmed at
the time of reservation.
5.24 The
Company reserves the right to provide an alternative
vehicle from a sub-contractor, who meets wherever
possible all the Company’s quality criteria, without
prior notice to the Client.
5.25 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 and in
those circumstances the company will not be liable for
any loss or inconvenience suffered by the hirer as a
result.
5.26 The
Company reserves the right to park the vehicle in areas
and only areas as defined by the Road Traffic
Regulations or by local authorities which govern the
parking of coaches.
5.27 Any
‘on board services’ provided by the Company are without
prejudice and liability. The Company is indemnified by
the Client against any claim or injury, directly or
indirectly related to the provision of ‘on board
services’; toilet facilities, hot & cold drinks and
food, audio and visual facilities.
5.28 Any
such notice in the coach for the benefit or well-being
of the passengers is deemed to be understood and, unless
requested, will be complied to without further
representation by the Company or Driver.
5.29 Extras such a car chair, booster chair, pre-pay
mobile/cell phone, cooler box and wheel chair are
supplied free of charge, are subject to availability and
must be ordered in advance. All extra must be returned
in the same condition received. The company accepts no
responsibility for any malfunction of any extras
supplied free of charge.
5.30 Not all vehicles have Tables, DVD/CD Players or
A/C, Fridges or Toilets. The client must specify the
inclusion of any accessories such as these or others and
will be subject to availability. The company does not
supply DVD's or CD's
6.0 Safety
6.1 All
safety measures are taken in accordance with the Road
Traffic Act and Industry Regulations.
6.2
Passengers should be encouraged by the hirer to
familiarise themselves with emergency exits and
procedures. Only a competent adult can use the seat
nearest an Emergency exit
6.3
Clients who contract with the Company under Agency terms
may, on request, attend a pre-season and familiarisation
induction.
6.4 In
the event of an incident or accident the driver, if
able, will vacate the vehicle and ensure the passengers
safety and immediately inform the Transport
Manager who will initiate a vehicle replacement if
required or instruct the driver on the next course of
action.
6.5 The
Client Representative will, at all times, assist the
driver in maintaining the passengers’ safety.
6.6 In
the event of a vehicle breakdown, the Company maintains
the obligation to replace the vehicle with a vehicle of
a comparable specification.
6.7 Any
specialist needs for passengers who may have a
disability must be defined at the time of reservation.
All liabilities relating to the assistance and
well-being of disabled passengers will remain with the
Client or the Client’s representative. In the absence of
a specific disclaimer, the acceptance of the Terms
indemnifies the Company from any such claims.
6.8 The maximum numbers allowed on board is
indicated on the vehicle. No standing passengers or
sharing of seats will be allowed . Drivers cannot not carry an extra passenger over the
seating capacity as stated on the Public Service Vehicle Licence.
7.0
Alcohol, Food and Drugs on Coaches
7.1
Butlers Buses operate a no alcohol policy.
The only exception to this
would be for extended tours (The definition for this is
where the tour starts and finishes at a hotel where all
passengers are overnight guests) This service must be
requested in advance and will only ever be available
from the hours of 10:00 to 18:00
7.2 The
Driver maintains the discretion by which any alcohol may
be carried on the Company’s vehicles.
7.3 In
the interest of passenger safety and comfort, it is
Company Policy to discourage consumption of food on the
vehicles.
7.4 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.
7.5 The
carriage and/or use of drugs in or on a company vehicle
are not permitted at any time.
8.0
Quality Control
8.1 The
Company takes every measure to ensure high levels of
Quality Control.
8.2 From
time to time the Company may undertake Quality Control
inspections upon vehicles without notice to the Client.
8.3 Such
Quality Control measures deemed necessary may be
implemented without notice to the Client, so long as the
services being provided are not affected.
8.4 In
the event of a complaint about the company’s services,
the hirer 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 14 days of the
termination date of the hire.
9.0
Liability, Indemnity and Force Majeure
9.1
Notwithstanding the provision of the Contract or any
remedy which might otherwise be available, the Company’s
sole liability to the Client shall be found to be
achieved unless specific representation is made in
writing/by fax/ by email and proven to be substantiated
through arbitration.
9.2
Except in respect of death or personal injury caused by
the Company’s proven negligence, the Company shall not
be liable to the Client by any reason or any implied
warranty, condition other terms under common law or
under express terms hereof.
9.3
Provision of coach services by the Company to the Client
is made under, and in accordance with, the law governing
The Republic of Ireland. The acceptance of the Contract
by the Client will deem an acceptance of the law
governing the provision of such coach services (to
include Company Law and Road Traffic Law).
9.4 The
Company accepts no liability for any incident,
accidental, damage or injury, including death, as a
result of an Act of God/Force Majeure.
10.0 General
10.1 Any
notice of change, whatsoever, to be given by either
party to the other under the existing conditions shall
be in writing/by fax/ by email and acknowledgement must
be sent of notice by the initiated in writing/by fax/ by
email.
10.2 Any
such dispute between the Client and the Company, if the
need arises, will be heard within the jurisdiction of
the Irish Courts.
10.3 All care has
been taken to produce this website to an accurate
standard of information regarding all issues and that of
our suppliers. Butlers Buses Ltd will not accept any
responsibility for subsequent errors or omissions and in
turn would welcome any notification of corrections
needed.
10.3 The
Client is responsible for all travel
documentation, entry visas, passports,
etc.
10.4 Butlers Buses Ltd will not be
responsible for any website links,
referrals or recommendations made to
third party companies. It will be the
clients responsibility to perform due
diligence on other companies. Any
bookings made by the company on behalf
of the client such as ferry crossings,
hotels, theatre tickets, attraction
admissions, etc, would be subject to the
Terms and Conditions of each respective
company.
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