1. These terms apply to all Bookings, Contracts, Hiring and other services (“Services”) provided by Direct Minibuses (“DM”) to you whether arranged by phone, email, website or otherwise. You must accept these terms at or before the Booking and you are deemed to accept them and reaffirm them at various times including any communication following the Booking and at the date of the Event.
2. (i) “Event” means a place, organisation or event in respect of which DM is to provide you with the Service and the duration of any Event shall include the time from collection of the Party to the final drop of for the Party and is subject to the terms below;
(ii) “Booking” means your request for any Service whether made by email, over the phone or via our online booking facility and includes the details such as the Event, the time of collections, details of the Party and any other information necessary for the provision of the Service;
(iii) “Party” means you and anyone travelling with you or with your approval or knowledge on any of DM vehicles whether for an Event or otherwise;
(iv) “Deposit” means 20% of the Price;
(v) “Price” means the full costs for the Service (including any fee pursuant to clause 7) which will be confirmed at the time of acceptance of a Booking;
(vi) “Vehicle” means any vehicle provided by DM for the purposes of providing the Service.
3. Upon receipt of a Booking, DM will provide you with a quotation for the Event which is valid for 24 hours from the quotation date and is subject to suitable vehicles being available at the time of the Event.
4. No Bookings are accepted until you receive written confirmation from DM where upon subject to you and your Party complying with these terms, DM will provide a vehicle and driver for the Event for the times agreed in the Booking.
5. Upon acceptance of a Booking you must pay the Deposit. The Price less the Deposit if already paidmust be paid in full at least 2 weeks before the Event.
6. If the Deposit or the Price is not paid in time, DM will not guarantee the Booking and has no obligation to provide the Service.
7. Any payments made by credit or debit card will attract an additional fee of 3% of the Price.
8. The Booking is not transferable and DM reserve the right to amend any term of the Booking if in their opinion it is necessary to do so. Any such amendment must be reasonable.
Our obligations to you:
9. We pride ourselves on adhering to agreed times and our vehicles are used several times each day and may be booked for other Events in-between your Booking. Our vehicles often have several Events to attend and any delay is likely to have a detrimental effect on other Bookings and the reputation of DM. Because of this, whilst we will at all times endeavour to fulfil the Booking and provide suitable vehicle(s) for the provision of the Service, we cannot guarantee that the vehicle confirmed at the time of Booking will be available for the Event and we do not guarantee collection times.
10. If necessary we may offer alternative vehicles or provide a different vehicle than as confirmed in the Booking or provide one or more smaller vehicles however the provision of any vehicle(s) shall be sufficient for the purposes of providing the Service and shall be of a standard comparable to that in the Booking.
11. If necessary we may subcontract the Service to a third party and these terms shall apply in addition to any other terms imposed by the third party which will be given to you prior to the Event.
12. For airport Events, if there is any flight delay which is 45 minutes or more, we may cancel the Booking and for any other Event, if your Party causes any delay over 15 minutes, we may cancel your Booking however in both circumstances we will use all reasonable endeavours to provide alternative vehicles or rearrange the Booking but we will have no obligation to provide the Service in these circumstances.
(i) Use the most appropriate route that we decide taking into account the type of vehicle, the Event and time of day. If you have a preferred route, this must be confirmed at the time of Booking and additional charges may apply;
(ii) Subject to any conditions beyond our control (such as traffic and weather), aim to arrive at the chosen collection point, depart therefrom and arrive at the Event and depart therefore at the times agreed in the Booking;
(iii) Ensure that all collections, drop offs and all other stops or detours (“stops”) that are confirmed at the time of Booking will be included in the Price. Any unconfirmed stops that you or your Party require will only be accepted by DM
or the driver at our or his/her discretion and only after agreement and payment of any additional fee to be agreed at the time. In absence of any such agreement, there will be a minimum additional charge of £10 for each and every unconfirmed stop;
(iv) Provide a luxury and professional service to ensure your hiring proceeds smoothly and efficiently.
Your obligations to us:
15. To pay the Deposit and the Price on time.
16. To ensure that the details of the Event and all collection times and stops are clearly and accurately provided to UMB and where possible included in the Booking.
17. To ensure that at all times we have full details of the Party and if the number in the Party changes, you must inform us as soon as practical. We will not allow more passengers than the number confirmed at the time of Booking, unless agreed in writing.
18. Unless agreed at the time of the Booking, no possessions shall be left on any vehicle.
19. Unless otherwise agreed, for any delays to any departure times caused by you or your Party where we have not chosen to cancel the Booking pursuant to clause 12 above, you will pay a minimum fee of £30 for each 15 minutes of any delay from the agreed departure times.
20. You will notify us as soon as possible if there are any delays or any other circumstances which may affect the agreed collection times.
21. All our vehicles are fitted with tracker devices. If there is any deviation in a route for any reason, we reserve the right to claim an additional fee based on the excess mileage from the original proposed route and in absence of agreement, at the rate of £5.00 per additional mile.
22. You and your Party will:
(i) Comply with all reasonable requests imposed by us or your driver;
(ii) Not bring any animals on any vehicle;
(iii) Not smoke on or around any vehicle;
(iv) Not consume food or beverages on any vehicle;
(v) Not cause any damage to any vehicle;
(vi) At all times be courteous and act sensibly and not do anything or act in any way that may be dangerous or present a risk to the Party, DM, the driver or other members of the public;
(vii) Only bring onto a vehicle baggage and other personal items which have previously been approved by DM in writing and are in accordance with statutory regulations concerning the carriage of personal items;
23. You will reimburse DM for any breach of the above terms including any damage to any vehicle. In the event any Party causes damage to any vehicle, including for example vomiting, tearing seat covers, appending stickers to the vehicle, cutting or smashing glass then you will pay to DM the costs of repairing such damage or cleaning the vehicle and in any event you shall pay the minimum sum of £125 which shall be paid within 24 hours of notification of a claim by DM to you pursuant to this clause.Any balance shall be paid upon receipt of evidence of the costs of repairs or cleaning.
24. You agree that in the event any monies are owed to us in accordance with the terms of this agreement, you authorise us to charge such amount from your credit or debit card providing that before doing so we will notify you in writing of the amount we propose to charge.
25. You agree to indemnify DM for any claims, losses, damages or other liabilities brought against UMB or its driver by any third party for any reason caused partly or predominately by the acts or omissions of the Party whether in breach of these terms or not.
(i) If the Booking is cancelled for any reason (to include cancellation by you or the Event) other than by DM:
(ii) The Deposit will be forfeited and DM will have no obligation to provide the Service. You accept that the Deposit represents a genuine and fair reflection of the costs and losses incurred by DM in arranging the Booking; and
(iii) If the cancellation is communicated in writing less than 2 weeks prior to the Event, you shall still remain liable for the full payment of the Price. You accept that such amounts represents a genuine and fair reflection of the costs and losses incurred by DM in the late cancellation; and
(iv)DM will have no obligation to provide the Service.
27. DM may cancel the Booking at any time and offer either a full refund or a credit note for the value of the Deposit or Price (less any credit or debit card fee).
28. If DM cancels the Booking in accordance with these terms and due to matters beyond their control or because of any breach of these terms by you or your Party then this will be treated as a cancellation by you in accordance with clause 25 above.
Limitation of Liability:
29. DM is not liable for any loss, costs, claims or damages (whether associated or consequential) incurred or suffered by you or your Party as a result of:
(a) Any acts or omission by the Party;
(b) Any failure by the Party to comply with the terms herein;
(c) Any delays in the provision of the Service caused partly or primarily by reasons beyond the control of DM (to include traffic, weather, vehicle breakdowns or failure, road works or similar circumstances);
(d) Any failure to attend an Event due to delays;
(e) Any accident (unless caused entirely by DM or the driver);
30. We shall not be liable for any loss or any failure to provide the Service where the information provided by you or your Party concerning the Event, the Booking or any collections times is incorrect.
31. DM does not accept any responsibility or liability for any personal possessions whether carried on or left on the vehicle. Any possessions left on the vehicle after the Party has left the vehicle will be disposed of.
32. Notwithstanding the above, any claim for loss, damage, costs or any other heads of loss will be limited to the Price less the Deposit.
33. We reserve the right to change any of these terms so far as such changes are reasonable. We will notify you of any changes.
34. These terms in no way affect your statutory rights and are in addition to your statutory rights.
35. This contract and the provision of the Services are subject to UK laws and you submit to the exclusive jurisdiction of the UK courts.