Where the Customer is an individual, no part of these Terms and Conditions affects your rights as a consumer. These Terms and Conditions are in addition to your rights as a consumer.
The Company / Agent: Bidabus Ltd, with Registered Company Number 10565635
You are required to be 18 years to access this site, The Customer/ The Hirer: Person and/or Organisation making the booking The Driver: The Driver or Drivers of the vehicle, the coach Operator or supplier of the vehicle The Operator: Supplying Operator fulfilling the coach transport.
1. These Terms and Conditions apply whether the agreement is in written or verbal form.
2. These Terms and Conditions apply as soon as the Hirer agrees to accept the booking verbally or in writing.
3. The Hirer is responsible for checking the accuracy of the booking confirmation and notifying the Company of any errors immediately. The Hirer is solely responsible for the acts and/or omissions of the passengers, whether or not they travel. The Hirer is liable for any additional costs incurred by the Company during the performance of the contract.
1. All quotations are valid for 72 hours (providing the date of travel is more than 14 days ahead)
2. After such period, the Company reserve the right to vary the price, at which point a new quotation will be given to the Customer 2.3. Quotations are given subject to a suitable vehicle being available at the time the Hirer accepts and secures the booking by paying a deposit.
3. The given bid, unless otherwise stated will be based on Driver and vehicle only.
4. The bid, unless otherwise stated, may be liable for additional charges as shown below.
3. Use of Vehicle / Purpose of the journey
1. The Hirer cannot assume the use of the vehicle between the outward and return journey.
2. The Hirer cannot assume the vehicle will remain at the destination for the Hirers sole use, unless this has been agreed in writing by the Company.
3. The Company reserves the right to issue additional charges for timings or mileage above the original agreement whether written or verbal.
4. The Company must be notified of any bookings for football matches, music festivals or political demonstrations and rallies at the time of booking, as there may be specific legal or other requirements that could affect the booking.
5. Failure to notify the Company correctly of the nature of the journey will be construed as breach of contract and at the Company’s absolute discretion may lead to termination of the booking without compensation or refund.
4. Pictures of Vehicles
1. The photographs supplied are illustrative only and may be a different make/model with different livery and appearance to that actual vehicle supplied for the booking.
1. Any sums due to the Company must be cleared in its account to be deemed paid.
2. The Company cannot guarantee a booking until the deposit has been paid.
3. If paying by bank transfer, the Hirer must use the booking reference as the payment reference, if this is not done it may delay the allocation of the payment and jeopardise the ability of the Company to secure the booking. In this case the job may be cancelled.
4. All monies must be paid in full prior to the performance of the booking unless expressly agreed by the Company in writing.
5. If any outstanding monies are due, the Company reserves the right to collect the monies due from the original credit/debit card used by or for the Hirer at any time.
6. The Hirer also agrees that no chargeback will be raised to any credit/debit card issuing Company with regards to the booking payment.
7. In the event the deposit is not paid on time or balance is not paid by the due date (As agreed with the transport provider) the Company reserves the right to cancel the booking and any monies paid will be forfeited and the full balance will be due.
8. If payment has not been received within the agreed timescales then the Company can no longer guarantee the bid/price and the Company reserves the right to revise its quotation.
9. All bookings made using credit cards will incur a processing fee of 3.8%, unless otherwise agreed by the Company in writing.
1. Any queries in relation to Company invoices must be raised within 7 days of the date of issue otherwise they will be deemed to have been accepted in full.
7. Booking Confirmations and Amendments
1. It is the responsibility of the Customer to check the Booking Confirmation, once received, for its accuracy and completeness, any discrepancies found in the Booking Confirmation should be communicated to the Company as a matter of urgency and within 24 hours.
2. Any amendments required by the Hirer will only be considered implemented once confirmed in writing and once a new booking confirmation has been issued.
3. If an updated booking confirmation has not been issued the Hirer will be subject to the initial booking confirmation.
4. No amendment can be agreed with the Driver and the Driver does not have the authority to bind the Company in any way.
5. Any amendment made by the Hirer to the initial booking confirmation may be subject to additional charges by the transport provider.
8. Route and time variation
1. Unless agreed at the time of booking, the route taken will be at the sole discretion of the Driver, according to traffic, road and weather conditions at the time of travel.
2. Stops will be made to satisfy legal requirements regarding breaks and rest periods.
3. It is the Hirers responsibility to account for all passengers at those times.
4. The Company cannot accept any liability for losses incurred by passengers who do not adhere to the Hirers instructions.
5. In any event the vehicle(s) will depart at times agreed with the Hirer and the Agent will not be liable for any loss or injury sustained by any passenger who fails to join a vehicle at the appointed time.
6. Any changes requested by the Hirer shall be at the Drivers discretion.
7. If agreed, the Driver may charge an additional fee for amendments to the original booking, including but not limited to additional drop off points.
9. Drivers hours and rest periods
1. The hours agreed with the Agent for the operation of any hire must be strictly observed, so that current regulations governing Drivers’ hours and rest periods can be complied with.
2. The Operator reserves the right to curtail or otherwise alter any hire which does not comply with the relevant regulations.
3. If delays occur for whatever reason, the Company may take whatever action is deemed necessary for the Vehicle in order to comply with the law.
4. Where a delay does occur the Company cannot be held responsible for any losses arising as a result of those delays or non-completion of the services.
10. Delays and/or Breakdown
1. The Operator gives any advice on journey time in good faith but does not guarantee the completion of any journey in any specific time and will not be liable for loss, delay or inconvenience caused by the actual time of the journey.
2. The Driver will leave the depot to pick up the client for any part of the agreed coach hire within ample time.
3. The Company cannot be held liable for any inconvenience or loss incurred caused for any reason, including breakdown or unforeseen delay be that en-route to pick up the Hirer or en-route to the booking destination as a result.
4. Under the circumstances of traffic or road accidents, adverse weather conditions, compliance with police, customs or other government officials delaying the Driver picking up the client at the agreed time, the Agent will not be liable for loss, delay or inconvenience caused.
5. It is strongly recommended that the Hirer should consider insuring against this risk if journey times are particularly crucial, for example for the commencement of an event.
11. Additional Charges and Surcharges
1. If, as of a result of the Hirer or passengers, the coach requires cleaning over and above that is normally carried out, the Hirer will be liable for the reasonable cost of this. This charge will vary depending on the cleaning required and paid directly to the transport provider.
2. If requested by the Transport provider, the Hirer will be required to provide a cleaning deposit prior to the Journey Start Date which, if no specialist cleaning as described in this clause is required, will be returned within 14 working days following the Journey End Date.
3. Unless it has been agreed otherwise, the hire price will not include tickets, admission charges, ferries, road tolls or parking. However, the Company may make these arrangements, on request, on the Customer’s behalf and would do so acting as an agent for the Customer.
4. All bookings at the point of quotation will be based on the use of a single Driver however, for longer journeys in terms of hours the Company reserves the right to review the quotation should a second Driver be required, and should there be a need for additional charges, the Hirer will be advised at least (where possible) 7 days prior to the journey date.
5. If it is necessary to accommodate the Driver, these costs will be borne by the Hirer and will be paid in advance of the journey’s commencement.
6. Where Driver’s accommodation is arranged by the client, it must be a single occupancy room of a reasonable basic standard, and should include evening meal and breakfast as appropriate.
7. The bid is given with regard to the operating costs at the time of the bid. If more than 7 days elapse between the date of the final bid and its performance, the Operator reserve the right to pass on any increase in the cost of fuel or any other increased costs to the Hirer.
8. The Company reserves the right to charge for damage to vehicles made by the Hirer and/or the passengers. Monies will be collected from the Hirer.
9. Any amendments to the original booking maybe charged directly by the Driver or by the Company at the end of the contract. All payments will be due within 7 days of invoice.
12. Seating Capacity
1. Neither the Hirer nor the Driver must load any vehicle beyond the number of passengers which it is legally permitted to carry.
2. Unless agreed in writing the total number of passengers may be split across numerous vehicles, as long as the total numbers of passengers as agreed are accommodated.
13. Luggage and Passengers Property
1. The vehicle supplied by the Company will take account of the amount of luggage as well as the number of passengers specified at the booking time.
2. The Customer must ensure they specify the correct information at the time of the booking and inform the Company as soon as possible if there are any changes.
3. Whilst The Company will take all reasonable care with passenger’s property it cannot accept liability for any damage to, or loss of that property being carried on the vehicle and the Company strongly recommends that no valuables should be left on the vehicle at any time, even if that vehicle is locked.
4. The Company cannot accept responsibility for any loss of or damage to property left on the vehicle after hire.
5. Property found on the vehicle after hire will be held at the vehicle operating base for a maximum period of 30 days and disposed of thereafter. It is the Hirers’ or the passenger’s responsibility to collect the property and any costs incurred to collect the property are to be borne by the Hirer or passenger.
6. Property is to be collected at a time agreed by the Company and the Hirer or passenger.
1. No animal may be carried without the prior agreement (in writing) of the Company.
15. Conduct of Passengers
1. The Driver is responsible for the safety of the vehicle.
2. It is the responsibility of the Hirer to ensure that all Customers wear seat belts where provided.
3. Smoking and the consumption of alcohol and/or illegal drugs is not permitted on the coach and the Hirer will be responsible for ensuring that this is observed. Any passenger whose conduct is in breach of statutory regulations may be removed from a vehicle or prevented from boarding on the Driver’s authority.
4. For any reason, the Driver has the discretion to either remove, or not allow any passengers on the coach if the passenger is abusive, damages the coach, or not fit to travel due to being intoxicated with alcohol or illegal drugs.
5. In such event, at the Driver’s sole discretion, the journey may continue once the passenger or passengers have been removed from the vehicle, but should passenger conduct result in summary termination of the journey, the Company reserves the right to cancel any other parts of a booking, and in such circumstances the forfeiture of any monies paid, and no claims for compensation or refund in either whole or part shall be entertained.
6. Any damage caused to the vehicle by the Hirer or any of the passengers shall be the responsibility of the Hirer and the Hirer shall be liable for all costs related thereto.
16. Substitutions / Change of Vehicle
1. The Agent reserves the right to provide a larger vehicle than specified at no additional charge unless any extra seats are used. If extra seats are used an additional charge will be made pro rata to the hire charge.
2. The Company reserves the right to subcontract to another Operator to perform the hire or to supply replacement vehicles with the same number of seats.
3. The Agent reserves the right to substitute other vehicles (including those of other Operators) or ancillary facilities for all or part of the hiring subject to such substitutes being of similar quality.
4. In case of differing specifications, the companies liability will be limited to the premium charged for the original specification.
17. Cancellation by the Hirer
1. All cancellations must be made in writing.
2. In the event of cancellation by the Hirer. The Hirer shall be liable on the following terms. Cancellation must be made in writing and in all cases the deposit is non – refundable.
3. Number of days prior to the Journey Start Date that the notice to cancel is given Charge More than Thirty Days 25% of Total cost of the hire after deposit Thirty Days or Fewer 50% of Total cost of the hire after deposit Fourteen days or fewer Full Payment 19.3. Where the Hirer has paid for additional costs such as ferry crossings etc., refunds will only be made in line with the cancellation policy of the service provider.
4. Should the Customer not have paid the amount set out above at the time of cancellation the balance shall become due immediately and shall be a debt owed to the Company.
5. The Company may, at its sole discretion, engage the services of a debt collection agency to recover any unpaid amount together with interest and any debt collection charges.
18. Cancellation by the Company
1. Under any circumstances, or an event of any emergency or force majeure or of any action by the Hirer to vary agreed conditions unilaterally, the Agent may by returning all money paid and without further or other liability cancel the Agreement.
2. In the event that the Company is unable to provide a vehicle or vehicles to meet all or part of the Customer’s booked requirements due to reasons of emergency, vehicle unavailability, or other reason, the Company will take all reasonable measures to provide a replacement or alternative solution. If this is not possible, the Company retains the right to return all monies paid and, without liability, cancel the booking providing the Customer with as much notice as possible.
1. Any complaint in respect of the Agent’s services should be made in writing to the Agent’s office as soon as reasonably possible and, in any event, within 7 days of the completion of the contract.
2. Complaints will be dealt with, in accordance with the Company complaints procedure, within 30 days of receipt of the written complaint.
20. Rights of Third Parties
1. This Agreement is made for the benefit of the Hirer and Company to the extent specified and (where applicable) their successors and permitted assignees and is not intended to benefit, or be enforceable by, anyone else.
1. If any provision or term of these Terms and Conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be deleted but all other terms will remain valid.
1. These Terms and Conditions will prevail over any terms or conditions contained elsewhere or anything implied by law, trade custom, practice or course of dealing.
23. English Law
1. This Agreement is subject to the laws and courts of England and Wales.
24. Submissions and goods Carried by Clients.
1. Submissions may not relate to the transport of any goods whose transport is prohibited by law.
2. Submissions that relate to the transport of hazardous goods or other goods, including animals, whose transport is restricted by law may only be made if those goods are packaged correctly, and the Submission states clearly:
3. The nature of the goods to be transported; and
4. The details of the transport method required to comply with all relevant laws and regulations.
5. Full responsibility for compliance with any laws and regulations in relation to the transport of any hazardous or restricted goods lies with the parties to that agreement. Parties transporting goods in breach of any such laws or regulations may be subject to regulatory and/or criminal penalties.
PART 2: REGISTERED USER PROVISIONS
1.1 Registered Users must:
1.1.2 be at least 18 years old; and
1.1.2 always provide valid and complete contact information and must always have a valid email address
1.2 Registered Users may not misrepresent their identities
1.3 We reserve the right to reject your registration at any time and for any reason and without notice to you.
1.4 If you are registering on behalf of a business or any corporate body, by registering with us you are confirming that you have the proper authority to bind the business/corporate body on whose behalf you are registering
2. Our Status
2.1 We do not provide any transport services whatsoever. Our role is to provide a forum where potential Clients of transport services (Hirers) and businesses which provide transport services (Operators ) can find each other.
2.2 It is the role of the parties to select each other on the basis of the services required and the contractual terms and rates offered by each of the parties. We do not carry out vetting of any Registered Users and therefore do not provide any assurances as to the ability of a party to perform its obligations under a contract.
2.3 Please note that, with regard to any transaction made between Users, the resulting legal contract is between those parties, and is subject to the terms and conditions of that Operator or other terms as agreed between the parties. Parties should review any terms and conditions applying to the transaction.
3. Use of the Site
3.1 The Site operates as follows:
3.2.1 Clients will post on the Site requirements they have for transport services (Client Listing);
3.2.2 Transport providers will be able to offer their services on their own terms in response to any Client Listing (Bid). Bids become legally binding contracts, on their full original terms, once accepted by a Client.
3.3 Client Listings and Bids (together Submissions) may be moderated. It will be at our discretion to determine whether or not a Submission falls within our Content Standards.
3.4 We cannot guarantee how quickly Submissions will be posted on the Site.
3.5 We are under no obligation to you or any other person to oversee, monitor or moderate the Site or any other service we provide on the Site. We reserve the right to remove, or to disable access to, any submission which breaches the Content Standards.
4. Submissions and goods Carried by Clients.
4.1 Submissions may not relate to the transport of any goods whose transport is prohibited by law.
4.2 Submissions that relate to the transport of hazardous goods or other goods, including animals, whose transport is restricted by law may only be made if those goods are packaged correctly, and the Submission states clearly:
4.2.1 The nature of the goods to be transported; and
4.2.2 The details of the transport method required to comply with all relevant laws and regulations.
4.2.3 Full responsibility for compliance with any laws and regulations in relation to the transport of any hazardous or restricted goods lies with the parties to that agreement. Parties transporting goods in breach of any such laws or regulations may be subject to regulatory and/or criminal penalties.
5. Contact Details
5.1 Registered Users are not permitted to include contact information for the purpose of soliciting sales outside the Site.
5.2 Please note that Operators are required by the Electronic Commerce (EC Directive) Regulations 2002 to display their contact details, including the geographic address at which their business is established once they have been contracted by the client and a deposit has been paid to Bidabus.
6. Rules for Clients/Hirers
Clients must not:
6.1 Submit their own bids to decrease Bids made by Operators. Users bidding for the provision of services must be wholly independent from the Client of those services.
6.2 Neither Clients nor Operators may interfere with a transaction or offer to buy or supply transport in response to a Client’s Listing outside of the Site.
6.3 We strongly advise customers and transport providers to avoid sharing any personal contact details, specific locations and bank details via our messaging service on Bidabus. Sensitive information can be shared privately once job sheets have been exchanged between the two parties.
7.1 We will not be obliged to provide any Registered User with due diligence on any other Registered User.
7.2 For each transaction, Clients and Operators can choose to rate each other by leaving Feedback. Clients and Operators can leave a positive, negative, or a neutral rating, plus a short comment.
7.3 Operators are not permitted to include in their Bids or terms of sale any conditions that limit or restrict the Client from leaving feedback.
7.4 Clients are not allowed to threaten Operators with negative feedback or neutral Feedback in order to obtain goods or services not included in the original Client Listing.
7.5 Operators may not require Clients to leave specific feedback. Operators may not demand that Clients withdraw existing feedback. These prohibitions apply to all feedback activity, whether prior to, during, or after delivery of services described in the original Client Listing.
7.6 Feedback comments must comply with rules on feedback listed on the site. Bidabus reserve the right to remove or modify feedback left by either the Client or operator without prior consent of either parties.
7.7 Reputation score is a score based on Client feedback from previous jobs, representing trustworthiness .
8.1 The Site is free to use for Clients. A deposit fee (Deposit) is payable by a Client when a bid is accepted. The Deposit amount payable is deducted from the total value of the bid displayed to the Client upon acceptance. The outstanding balance due is to be paid by the Client directly to the Operator in accordance with the terms and in a manner as agreed between both parties.
8.2 The deposit is a percentage of the transportation costs agreed between the two parties or a minimum fee, whichever is greater (dependent upon external factors, i.e. source of listing).
8.3 We may voluntarily waive our right to receive a Deposit in certain circumstances, but any such waiver is entirely discretionary and without accepting any legal obligation to do so.
8.4 On accepting any Bid the Client must pay the Deposit to Bidabus We receive this Deposit as agent for the Client.
8.5 Operators are responsible for the collection and payment of all VAT associated with the supply of services to Clients.
8.6 We may suspend, waive or change the method of calculation or rates of Fees at any time, either permanently or for any limited promotional or other period. Any changes will be described on the Site.
9.1 Transport contracts are formed between Clients and Operators so the negotiation and agreement of any cancellation and its consequences are matters for them. However, if the operator cancels before any transport services has been provided the customer can then wish to recover their Deposit or Fee by making a request to us for repayment. No request should be made within 7 days of the date of acceptance of the Bid or until reasonable attempts have been made to agree the terms of cancellation directly.
9.2 We will review all cancellation requests. If appropriate the cancelled transport requirement will be relisted on the Site or deleted from it. The Deposit or the Fee may be refunded at our sole discretion. Any request for a refund of the deposit fee paid should be made within 30 days of the acceptance of the bid. Bidabus cannot be liable for requests outside this timeframe. No cash refund will be provided once the Client has received the contact details of the Operator via Bidabus. In the event that the Suppler in unable to fulfil its obligations as booked then the Client must contact Bidabus to find an alternative Operator, only in the event that Bidabus is unable to find an alternative will credit be considered.
9.3 In some circumstances, when a job is listed as flexible and the Clients job is not completed within a maximum of 1-2 weeks dependant on the selected, the listing will be removed and the prepaid deposit refunded as credit.
10. No Agency
Nothing herein shall create or be deemed to create any joint venture, agency or partnership relationship between ourselves and any Users whatsoever. Users shall not hold themselves out as implying any such relationship with us.