TERMS AND CONDITION

At Commbus, we are committed to maintaining the trust and confidence of our visitors to our website.

At Commbus, we are committed to maintaining the trust and confidence of our visitors to our website.

In these Terms the following words and phrases will have the following meanings unless inconsistent with the context:

Agreement” means any agreement between Commbus and The Hirer for the purchase of the Services as set out in Clause 2.

“Commbus” means Commbus.com Ltd of Blyth Hall Farm, Blythe Road, Coleshill, Birmingham, B46 2AF. registered in England as Company No. 3904354. Registered Office: Blyth Hall Farm, Blythe Road, Coleshill, Birmingham B46 2AF

Vehicle Company” means any third party provider contracted by Commbus to provide the Services on its behalf to The Hirer.

The Hirer” means the person(s), firm or company whose order for the Services is accepted by Commbus.

Force Majeure” means any reason preventing Commbus from performing any or all of its obligations which arises from or is attributable to acts, events, omissions or accidents beyond the reasonable contemplation and control of Commbus, including, but not limited to, traffic congestion; vehicle breakdown; emergency or act of terrorism; compliance with any law or regulatory requirement; accident; adverse weather conditions; strikes or other industrial disputes; defaulting of subcontractors.

Owner” shall mean Commbus or any other company to whom Commbus has an obligation in relation to the provision of the vehicle or equipment provided as part of the hire.

Services” means the hire and operation of the vehicle to The Hirer by Commbus as set out and in any booking confirmation.

Terms” means the standard terms and conditions of sale set out in this document together with any special terms agreed in writing between The Hirer and Commbus.

Quotation / Proposal” means any quotation given by Commbus to The Hirer for the provision of the Services.

2 AGREEMENT

2.1 The quote supplied by Commbus is based on information provided by The Hirer and therefore quoted on that basis.

2.2 Any quotation is valid for 30 days unless stated otherwise in the quotation. 

2.3 The Agreement of a booking requires written notification from The Hirer by signing a booking confirmation, issued by Commbus.  This then forms the Agreement.  

The Agreement will be upon these Terms and shall exclude all other terms and any previous oral or written representations, including any terms or clauses which The Hirer purports to apply under any similar document whatsoever, including any purchase or acknowledgement of booking.

2.4 No general terms or conditions of business of The Hirer shall be applicable to contracts entered into between The Hirer and Commbus.  

2.5 Save as set out in the Agreement, these Terms may only be varied or amended in writing and signed by an authorised signatory of Commbus.

2.7 If The Hirer is a company, group or partnership, an individual must be named as the person authorised to deal with Commbus on The Hirer’s behalf. The Hirer is responsible for the actions and decisions of all users of the Services.

2.8 Booking is subject to availability.

3 SERVICES

3.1 The Services will be as set out in the relevant booking confirmation.

3.2 All descriptions or illustrations contained in Commbus publicity material (including but not limited to brochures and any website) are issued or published for the sole purpose of giving an approximate idea of the services represented by or described in them and they will not form part of the Agreement.

3.3 Commbus may change the provision of the Services:

3.3.1 To conform with any relevant safety or other statutory or regulatory requirements; or

3.3.2 Which do not materially affect their quality or performance.

3.4 In providing the Services, Commbus reserves the right to substitute another vehicle of at least equivalent quality.

3.5 Commbus shall transport property of The Hirer on the understanding that Commbus will take reasonable steps to avoid loss or damage.

3.6 All articles of property recovered from the vehicle will be held at the premises at which the vehicle is based in accordance with relevant statutory regulations, details of which are available on request.

4 CANCELLATION

4.1 If the Hirer wishes to cancel the Agreement, the following scale of charges will apply in relation to the price, and payments shall be due and payable immediately.

Cancellation Notice Charge: Roadshow/Exhibitions

60 days or more – 50% 

31-59 days – 75%

Date of hire to 30 days – 100% 

Cancellation Notice Charge: Passenger Carrying Transport 

28 days - 10%

14-27 days - 25%

7–13 days - 50%

3–6 days - 80%

2 days - 90%

Day of hire - 100%

4.2 In terms of vehicle graphics and artwork, if the Hirer wishes to cancel the Agreement once artwork has been confirmed by The Hirer by written confirmation or email, 100% of the cost will apply and payment shall be due and payable immediately. 

5 PRICE AND PAYMENT TERMS

5.1 The price for the Services will be as set out in the booking confirmation and is exclusive of:

5.1.1 All parking charges and road tolls whether in the United Kingdom or abroad;

5.1.2 The costs of additional mileage or time incurred in providing services to The Hirer;

5.1.3 Any value added tax or other applicable sales tax or duty; and such sums will be added to the sum in question.

5.2 Commbus will be entitled to vary the price for the Services:

5.2.1 Following any changes in the Booking Confirmation made at the request of The Hirer and agreed by Commbus;

5.2.2 To comply with the requirements referred to in Clause 3.3.1;

5.3 Any deposit is non-refundable, and The Hirer shall pay for the Services in full and in cleared funds 30 days prior to commencement of the Services. All payments will be made in pounds sterling.

5.4 All payments to be made by The Hirer under the Agreement shall be made in full without any set-off, restriction or condition and without any deduction or withholding for or on account of any counterclaim or deductions or withholdings of any nature, unless The Hirer is required by law to make any such deduction or withholding.

5.5 Commbus may use any payment made by The Hirer to Commbus to settle such of the invoices for the Services as Commbus thinks fit, despite any purported appropriation by The Hirer.

5.6 If any sum payable under the Agreement is not paid when due, Commbus reserve the right to charge interest on overdue accounts at the rate of eight percent (per month) over the Bank of England base rate from time to time, to run from the due date for payment until receipt by Commbus of the full amount (including any accrued interest) whether before or after judgement.   Payment of such interest shall be without prejudice to Commbus rights under the Agreement. Commbus shall in addition be entitled to suspend performance of the Services until the outstanding amount has been received by Commbus from The Hirer.

6 Driver’s hours/ periods of work 

6.1 The Law regulates the hours of operation for the driver and The Hirer accepts the responsibility of ensuring that The Hirer keeps to the hours and time agreed by Commbus. The Hirer will do nothing to delay or interrupt the journey in such a way that driver may be at risk of breaching the regulations. If as a result of the actions of The Hirer, it is anticipated that a breach may be likely Commbus will hold The Hirer responsible for any additional costs incurred by Commbus in adhering to their responsibilities.

7 PERFORMANCE

7.1 Commbus will use reasonable endeavours to perform the Services at the times set out in the booking confirmation.

7.2 If, despite the endeavours set out at clause 6.1, Commbus is unable for any reason to fulfil any performance at the specified times, Commbus will be deemed not to be in breach of this Agreement, and Commbus will not have any liability to The Hirer for direct, indirect or consequential loss (all three of which terms include, but are not limited to, loss of profits, loss of business, depletion of goodwill, pure economic loss and like loss) howsoever caused (including as a result of negligence) by any delay or failure in performance.

8 WARRANTY

8.1 The items hired out to, or placed at the disposal of, The Hirer by Commbus are inspected and maintained in accordance with Driver & Vehicle Standards Agency Guide to maintaining roadworthiness Commercial goods and passenger carrying vehicles (Revised 2014) and The Provision and Use of Work Equipment Regulations 1998.

8.2 Should the items not meet the requirements of the agreement as a result of any activities on the part of the client, in contravention of the agreement; the costs associated with the repair will be charged separately to the client.

9 EXCLUSION OF LIABILITY

9.1 Commbus does not exclude its liability (if any) to The Hirer:

9.1.1 for breach of Commbus obligations arising under relevant legislation, including but not limited to the Supply of Goods and Services Act 1982;

9.1.2 for personal injury or death resulting from Commbus negligence;

9.1.3 for fraud;

9.1.4 For any matter which it would be illegal for Commbus to exclude or to attempt to exclude its liability.

9.2 Except as provided in Clause 9.1, Commbus will be under no liability to The Hirer whatsoever for any damage or for any direct, indirect or consequential loss (all three of which terms include, but are not limited to, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused arising out of or in connection with any breach by Commbus of any of the express or implied terms of the Agreement.

9.3 Except as set out in Clause 9.1, Commbus  hereby excludes to the fullest extent permissible in law, all express (other than those set out in the Agreement) or implied, statutory, customary clauses, warranties and stipulations or otherwise which, but for such exclusion, would or might subsist in favour of The Hirer.

9.4 The Hirer agrees to indemnify, keep indemnified and hold harmless Commbus  from and against all direct, indirect or consequential loss (all three of which terms include, but are not limited to, loss of profits, loss of business, depletion of goodwill and like loss), costs, expenses, liabilities, injuries, damages, claims, demands, proceedings or legal costs and judgements which Commbus  incurs or suffers as a consequence of direct or indirect breach or negligent performance or failure in performance by The Hirer of the terms of the Agreement.

10 FORCE MAJEURE

10.1 Commbus will be deemed not to be in breach of the Agreement or otherwise does not accept any liability for any loss, inconvenience or damage caused by war, threat of war riot or civil strife, terrorist activity, industrial disputes, natural disaster, fires, sickness, weather conditions, airport regulations, temporary technical, mechanical or electrical breakdown or transport or any facilities contained within advertised accommodation, explosion of any nuclear plant or part thereof radioactivity/contamination from such plant or events beyond the reasonable control of Commbus,  provided that it has and continues to comply with its obligations set out in Clause 10.2.

11 GENERAL

11.1 If any clause or part of the Agreement is found by any court or equivalent body to be illegal, invalid or unenforceable then that provision will, to the extent required, be severed from the Agreement and will be ineffective without, as far as is possible, modifying any other provision or part of the Agreement and this will not affect any other provisions of the Agreement which will remain in full force and effect.

11.2 No action taken by the parties pursuant to this Agreement will be deemed to constitute a relationship between the parties of partnership, joint venture, principal and agent, or employer and employee. Neither party has, nor may it represent that it has, authority to act or make any commitments on the other party’s behalf.

11.3 No failure or delay by Commbus  to exercise any right, power or remedy will operate as a waiver of it nor will any partial exercise preclude any further exercise of the same, or of some other right, power or remedy.

11.4 The Agreement is personal to The Hirer who may not transfer all or any of its rights or obligations under the Agreement without Commbus prior written consent. Commbus may transfer and/or sub-contract all of its rights or obligations under the Agreement without the consent of The Hirer.

11.5 The parties to the Agreement do not intend that any of its terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it.

11.6 This Agreement shall be governed by and construed in accordance with English law and subject to the jurisdiction of the English courts.

11.7 Commbus is dedicated to providing The Hirer with a reliable and fault free service. In the unlikely event that The Hirer wishes to raise any queries or complaints with Commbus, such a query or complaint should be raised in the first instance with the driver, who will endeavour to resolve the situation to “The Hirer's” satisfaction. If any complaint cannot be resolved by the driver, The Hirer must address their complaints in writing to Commbus within 14 days from the last day of hire.

12 INSURANCE

12.1 Commbus shall insure the vehicle for road risks insurance.  Public Liability Insurance is also held.  The Hirer shall fully and completely indemnify Commbus in respect of all claims by any reason whatever for injury to persons or property caused by and in respect of all costs and charges in connection therewith whether arising under state or common law.

13 MAINTENANCE & ALTERATIONS

13.1 In the event of vehicle or equipment malfunction, Commbus must be informed at the earliest possible opportunity. Commbus will send an engineer to deal with the problem or authorise local repair. At his own discretion and expense The Hirer may arrange for a local engineer to attend and to change any faulty part. Should this option be taken up by The Hirer then it is essential that the old part be returned with a label affixed to it identifying it as faulty for Commbus inspection. Any malfunction caused by misuse, neglect or malicious vandalism will be repaired at the cost of The Hirer, including any consequential loss suffered by the Commbus. Should Commbus have to incur expenses as a result of incorrect usage by The Hirer then a full call out charge at the rates governing at the time will be charged including all transport charges. Under no circumstances may The Hirer remove any equipment or accessories from the Vehicle. The Hirer agrees to reimburse Commbus for all and any damage or loss of any equipment supplied for the purposes of the promotional vehicle hire.

14 DELIVERY IN GOOD ORDER

14.1 The Commbus will warrant that each vehicle supplied for hire is compliant with current Vehicle & Operator Services Agency Regulations.  

15 INSPECTION

15.1 The Hirer shall at all times allow Commbus or his agents to have reasonable access to the equipment to inspect, test, repair or replace same.

16 CONSENTS, LICENCES & PERMISSIONS

16.1 The Hirer shall obtain all permissions, consents, and licences required for the vehicles under any statute, regulation or by law and comply with any conditions imposed in respect thereof.

17 AVAILABILITY OF VEHICLES

17.1 All vehicles or equipment are offered subject to availability at the time of receipt of written order; no liability can be accepted should a vehicle not be available through circumstances beyond Commbus or the Owner’s control.

18 SUB-LET

18.1 The Hirer shall not re-hire, sell, mortgage, charge, pledge, part with possession of or otherwise deal with the Vehicle and shall protect against distress, execution, or seizure and shall indemnify Commbus  against all damages, losses, costs, charges and expenses that may be occasioned by failure to observe and perform this condition except in the case of government requisition. The Hirer shall not assign his rights hereunder nor sub-let or lend the vehicle or any part of its equipment to a third party without the prior consent of the Owner.

19 CONSEQUENTIAL LOSS TO 3rd PARTY

19.1 No liability will attach to Commbus or the Owner for any consequential loss or damage due to any failure in the vehicle or equipment or non-arrival or late delivery or any breach of contract by Commbus for any cause whatever, including the negligence of Commbus, or Commbus employees.

20 USE OF VEHICLE PROMOTIONAL PICTURES

20.1 The Hirer agrees that Commbus, its business associates or any of its trading partners can use pictures of the vehicles supplied, with or without any branded livery or other promotional materials involved in the use of the vehicle, in order to provide Commbus  with promotional materials to other potential or actual Hirers.

21 TERMINATION

21.1 Commbus shall be entitled to terminate the agreement forthwith and repossess the equipment in the event of the failure of The Hirer to comply with any of the conditions herein contained. It is the responsibility of The Hirer to make the vehicle available at the termination of hire. Where the period of hire is indeterminate or having been defined becomes indeterminable the contract shall be determined by seven days notice in writing given by either party to the other in the event of failure to give such notice then hire for the period of the seven days is chargeable. If the hire is terminated prematurely the Owner is entitled to payment in full for the minimum hire period stated.

In addition to the above terms and conditions of service, the following shall apply to Passenger Carrying Transport:

22 Vehicle  

22.1 Commbus will, at the time of booking, agree and specify the legal seating capacity of the vehicle that it will supply. 

22.2 Commbus reserves the right to substitute another vehicle (including those of other operators) or ancillary facilities for all or part of the hire subject to such substitutes being at least equivalent quality. 

22.3 The Hirer should not assume that the vehicle would be available for their use between the outward and return journeys. Neither should it be assumed that the vehicle would remain at the destination. If The Hirer requires this service it must be agreed with Commbus prior to the hire.      

22.4 Routes taken and itineraries to be followed shall be in accordance with schedules agreed between The Hirer and Commbus, and deviations unless agreed to in advance may incur additional charges.

22.5 “The Hirers” should note that drivers are not authorised to agree deviations from agreed routes and schedules unless it is for reasons of safety or operational necessity.

22.6 “The Hirers” are expressly forbidden to convey members of the general public on any vehicle operated or sub contracted by Commbus at separate fares.  

22.7 The number of passengers conveyed on any vehicle shall not exceed the number of passenger seats thereon. 

23 PASSENGERS   

23.1 It is the driver's responsibility for the safety of the vehicle at all times, and as such the driver may remove any passenger whose conduct compromises safety or is in breach of the Public Service Vehicle (Conduct of Drivers, Inspectors, Conductors and Passengers) Regulation 1990.  

23.2 Other than confectionery, no food or drink (including alcoholic beverages) may be consumed on the vehicle without prior consent from Commbus.

23.3 Chewing gum is banned from all vehicles. 

23.4 No smoking will be permitted on the vehicle at any time

23.5 The Hirer must advise at the time of booking if the party is made up of children. In such cases The Hirer must ensure that there is sufficient adult supervision during the hire.

23.6 All vehicles hired by Commbus are subject to restriction 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’ luggage is carried. Large items may not be able to be carried and The Hirer should take all steps to notify Commbus in advance of any such requirements of the party.

Commbus 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. The Hirer must notify Commbus in advance of the hire if there are items of exceptional value to be carried on the vehicle. It is The Hirer's responsibility to minimise risk or loss when property is left unattended.

23.7 Any damage caused to vehicles on hire by any passenger during the period of the hire shall be made good at the expense of The Hirer who shall indemnify Commbus in respect of such damage. 

Damage, for the purpose of this condition includes anything which might cause Commbus in its absolute discretion to keep a vehicle out of normal service for longer than would otherwise be the case, in order to render the vehicle fit for further use.  This may incur further hire charges at cost to The Hirer.  This includes passengers being ill on vehicles to which there is an automatic clean charge of £100.00 plus VAT unless the vehicle is deemed out of normal service then an extra hire charge may be incurred. 

24 OPERATIONS

24.1 Commbus will give its advice on journey times in good faith. Commbus will not be held liable for any inconvenience suffered by The Hirer as a result of the journey taking longer than predicted as a result of circumstance out the control of Commbus. 

24.2 Commbus will agree in advance with The Hirer the time that the vehicle will depart for each portion of the hire. If the vehicle is delayed by more than 20 minutes by the actions of The Hirer or the passengers traveling on the vehicle an additional charge of 30% of the value of Commbus’s quotation per 20 minute delay or part hereof will be levied.

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