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“TERMS AND CONDITIONS OF HIRE "
Definitions:
In this agreement the following definitions apply unless the context requires otherwise
‘The Company’ shall mean AKM Limousines trading as AKM Limos, registered in Ireland, incorporating Boogiebus./Limobus.
‘Employee’ shall have the meaning of any employee of the company, including any driver or chauffeur employed by the company or agency contracted by the Company
‘Hirer’ shall be deemed to be the person who has booked or signed the hire agreement and or the person responsible for the payment of the hire
‘Hire’ shall mean the period for which the vehicle has been hired or has been reserved for
‘Booking’ shall mean a period for which the hirer has committed to the hire and the full amount of the hire has been paid
‘Reservation’ shall been deemed to mean a hire where a deposit has been paid to hold the date, but the full amount has not been paid.
‘Vehicle’ shall mean any car or limousines supplied by the company to the hirer
‘Party’ shall have the meaning person or persons accompanying the hirer as his or her guest or invitees
‘Chauffeur’ shall mean the driver of the vehicle
1. Responsibility
The hirer shall be responsible for the proper behaviour of all of the passengers and shall be primarily responsible for any damage caused to the vehicle howsoever caused. It is an express condition of the hire that the hirer accepts this responsibility.
The hirer shall be fully responsible and liable for any damage caused both inside and outside the vehicle by the hirer or a member of his or her party, howsoever caused. This includes incitement or behaviour resulting in damage to the vehicle or its contents by a third party. The hirer expressly agrees to be held liable for the retail cost of any repair as a consequence of any damage caused. The hirer further agrees that the company may at its entire discretion determine the company who will effect the repairs. Furthermore, the hirer shall be responsible for payment of a fixed rate, which shall be determined by the company, at its sole discretion for the period during which the vehicle cannot be used as a consequence of said damage and repairs. That notwithstanding, the hirer shall also be responsible for any further losses which are incurred as a result of lost bookings.
The hirer holds the company harmless of any liability for any personal or material damages arising from the conduct of his or her party.
The company shall not be held liable or responsible for any articles left in the vehicle and the hirer specifically indemnifies the company from any such responsibility and undertakes to advise all other persons in his or her party.
2. General Conduct
The hirer is responsible for the general conduct and behaviour of his or her party.
The consumption of food is not permitted in any of the vehicles unless specific agreement has been made to the contrary at the time of the booking and agreed in writing.
Where complimentary drinks are supplied by the company, these must be consumed in the vehicle and may not be removed for any reason whatsoever. In the event that drinks are removed, then the company may at its sole discretion, recover the replacement cost from the hirer. The company will not allow red wine to be consumed in the vehicle at any time owing to the potential damage to the interior as a consequence of spillage.
The opening of champagne bottles can be hazardous to the occupants of the vehicle and may give rise to damage to the vehicle; therefore, champagne bottles may only be opened by the chauffeur or by the hirer or his or her party outside and away from the vehicle.
The hirer accepts responsibility on behalf of the hirers party for any losses of the property of the company that is provided in the limousine for the benefit or the pleasure of the passengers. This is includes, but is not limited to, glassware, CD’s, DVD’s, Video tapers and the like.
3. Safety
The hirer accepts that the company adopts a strict no smoking policy in all of its vehicles and that any failure to adhere to this policy will result in the immediate termination of this agreement without any refund. In addition to which, the hirer shall be held responsible for the cost of a valet and any damage caused as a consequence of the hirer of his or her party failing to adhere to this agreement.
It is a legal requirement that all passengers wear a seat belt/lap belt where fitted. All of our vehicles are fitted with seat belts/lap belts up to the maximum number of passengers allowed by law. Therefore, all passengers in the party are required to wear a seat belt/lap belt; failure to do so, could result in the immediate termination of the hire, without any form of compensation. The hirer specifically indemnifies the company and the chauffeur against any fines or legal action imposed as a consequence of the passengers failing to comply with this legal requirement.
The company does not permit that taking of any illegal drugs or partaking of any illegal activities whilst in the vehicle, failure to abide by this condition will result in the immediate termination of the hire without compensation.
The hirer expressly accepts that except in cases of an emergency, only the chauffeur may open and close doors, this is a safety precaution to minimise the risk of accidents and damage to the vehicle. The company will not be held responsible for accidents caused as a consequence of the hirer or his or her party failing to adhere to this condition and the hirer accepts for responsibility for any damage to the vehicle and or any third party as a result of the hirer or hirer’s party failing to adhere to this condition.
The company gives notice to the hirer, who shall undertake to advise all others in his or her party of the transmission hump in the centre of our stretched limousines/Coach, which must be negotiated with care when entering and exiting the vehicle. The company shall not be held liable or responsible for any incidents which occur as a failure to heed this advice.
The maximum number of passengers that can legally be carried in the vehicle , the hirer expressly accepts this legal restriction and accepts that the chauffeur shall be required by the company to refuse to carry more than the statutory maximum. The hirer further accepts that failure to adhere to this road traffic regulation would likely result in the vehicle and its passengers being uninsured. In addition, the chauffeur and the company could be fined as a consequence. Therefore there will be no compromises on the safety issue.
The hirer accepts that owing to weight, there must be a restriction on the amount of luggage that can be safely and legally carried in our vehicles. Therefore, the hirer should, if in doubt, advise the company of the number of pieces of luggage that they wish to carry, the dimensions and the approximate weight. The company will then use its nest endeavours to provide advise on the suitability for carriage in terms of size and weight. However, the hirer expressly agrees that the final decision as to the decision on whether or not the luggage can be safely or practically carried is with the chauffeur. The hirer expressly accepts that the decision of the chauffeur shall be final and indemnifies the company against any loss, consequential or otherwise as a result of the decision of the chauffeur.
Irresponsible behaviour which could give rise to damage to the vehicle or endanger the safety of the other passengers will not be tolerated in any form. This includes, but is not restricted to; sitting on the exterior of the vehicle, hanging out of the windows, shouting abuse to other road users or pedestrians out of the window, rudeness or intolerance with the chauffeur, misuse of the equipment, fixtures or consumable within the vehicle and willful damage to the interior generally. Such behaviour may, at the sole discretion of the chauffeur, the company or its employees result in the immediate termination of the hire without compensation. In addition, the hirer shall be held liable and responsible for any loss, howsoever caused, by the irresponsible behaviour of his or her party.
4. Limitation of liability
The hirer accepts and indemnifies the company and its employees against any loss, consequential or otherwise as a result, direct or otherwise of a failure to meet time deadlines. It is the responsibility of the hirer to ensure that there is adequate time to travel to and from destinations, the company or its employees will provide advice, but this does not form any part of a contract between the hirer, the hirer’s party or the company and its employees.
Furthermore, the hirer indemnifies the company against any and all claims as a result, direct or otherwise, consequential or otherwise, of a failure to arrive at the destination at the appropriate time or at all.
The hirer expressly accepts that in car entertainment such as television screens, video and DVD equipment is provided as a courtesy and its use and/or availability does not form part of the Hire. In the event that any equipment fitted to the Vehicle malfunctions prior to or during the hire, the company accepts no liability whatsoever and no compensation shall be provided in such instances, nor will the company accept any claims for any form of refund.
In the event that a vehicle is subject to an accident or mechanical failure, or is no longer safe to drive, then the company shall make alternative arrangements to get the hirer and his or her to their destination. The company may at its entire discretion determine the method of onward travel, alternatively the hirer, or his or her party may make alternative arrangements at their cost, for which no claim can be made against the company. The hirer specifically accepts that the hire is based on a best endeavours basis and therefore, no specific guarantees can be made in terms of time, reliability of the vehicle and events out our of the direct control of the chauffeur or the company.
The Company assumes no responsibility nor does it provide any guarantees whatsoever for ensuring that the Hirer arrives at his or her destination on time. It is entirely the responsibility of the Hirer to determine whether the vehicle has been hired for a period sufficient to cover eventualities such as, but not limited to, traffic accidents, road works and peak traffic periods. In addition, the Hirer is responsible for ensuring that the Hire commences at a time which allows for such eventualities. The Company will not provide any refunds for such eventualities and any additional time over and above the Booking period shall be charged at the appropriate rate.
The company reserves the right to change the specification of the vehicle at any time, provided that where the replacement vehicle is of a lesser value or specification, an appropriate adjustment is made in favour of the hirer. The company undertakes to use its best endeavours to ensure that the vehicle booked is the one provided for the hire.
5. Payments and Deposits
Payment Must Be Paid In Full Before Hire Commences.
To make a reservation the hirer shall be required to pay a deposit when making a reservation which shall be the higher of the two: in the amount of 25% of the hire charge. Reservations are accepted on a best endeavours basis and the company may at its entire discretion, cancel the agreement up to 21 days prior to the date reserved. A full refund will be given to the hirer in this case.
The hirer may elect to pay the full amount of the hire at the time of making the reservation in order to confirm the booking. However, the hirer accepts that once a booking is made to confirm the hire, no refunds will be provided for any reasons whatsoever. That notwithstanding, the company will consider at its sole discretion, claims for a partial refund where it can be demonstrated that the circumstances could not be seen by the hirer and provided, in any event, that the cancellation or claim for a partial refund is at least 28 days prior to the date of the confirmed hire. In the case of weddings, no refunds will be provided where the cancellation takes place less than 45 days from the date of the booking.
Payments of the full of the balance of the hire becomes payable 6 weeks prior to the date of the hire, in the case of wedding bookings, payment in full must be received 6 weeks before the date of the hire, failure to pay in this time may result in the cancellation of the agreement and the loss of any deposit paid.
Where payment is past its due date, but has not been received, this shall be deemed a breach of this agreement and the full amount of the hire shall become immediately due from the hirer; the company may also at its sole discretion cancel the hire agreement, whilst pursing the claim against the hirer. The fact that the hire may not take place as a result of this breach does not derogate the responsibility of the hirer to pay the full amount due. The company requires that a credit card is provided prior to, or on the night of the hire as a security against any damage or loss sustained by the company.
6. Additional charges
Time permitting; the chauffeur may be willing to collect additional passengers, subject to the maximum that the vehicle can carry, at alternative locations. However, any additional mileage or time shall be charged to the hirer. Whilst the chauffeur will attempt to accommodate any last minute changes, the final decision will remain with the chauffeur and the hirer expressly accepts this arrangement.
In the event that the time or location of the hire is changed prior to the booking or at the time of the booking, the company expressly reserves the right to make any additional charges and to set such charges against the hirer’s deposit or credit card.
Where a hire extends beyond the period of the Booking for whatever reason including, but not limited to traffic jams, accidents and diversions, the Hirer accepts that this additional time and mileage shall be charged to the Hirer's account.
In the event that the vehicle has been left in an unreasonable condition by the hirer or his or her party, then the company reserves the right to charge for the cost of a valet. Such circumstances that could give rise to this charge include, but are not limited to; spillage of food or drinks and illness. The minimum cost of a valet is €120, but this amount could increase dependant on the consequential damage. The responsibility for reimbursement of such cost is that of the hirer.
Unless advised otherwise, the hirer shall be responsible for any parking charges, which shall be charged at cost on the night or will be set against any deposit held by the company.
Where the chauffeur has to collect the hirer or his or her passengers at a specific time and is kept waiting for more than 15 minutes, then the company shall make an additional charge based on increments of 30 minutes at the appropriate rate. In the case of airport collections, the company assumes a waiting time of 30 minutes before any charges are imposed for waiting time and parking.
7. Other conditions
Any hirer must be over the age of 18. Notwithstanding that account holding customers invoices only become due 14 days following the date of the hire, all other condition pertaining to payment remain in force, including cancellation clauses.
In the event that the hirer is a business then that company shall assume the responsibility of the hirer and will be bound to advise the party or passengers of the terms and conditions of this hire. If any term or condition is found to be invalid for any reason whatsoever this shall not deem this agreement to be invalid and all other terms shall remain in force.
The company may at its entire discretion refuse any hire without explanation or reason.
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