Terms & Conditions by Silvergray Niteflite

DEFINITIONS

    1.1 In these terms and conditions "The Company means Silvergray Carriage Co Ltd
    1.2 "Hirer" means any company, business, partnership, group, individual or other organisation or person who negotiates to, or does, hire a vehicle belonging to or under the control of The Company

APPLICATION

    2.1 These Terms and Conditions apply to any hire between The Company and a Hirer.

    2.1.1 Whenever such contract is made

    2.1.2 Wherever such a contract is made.

    2.1.3 Whether the contract is in writing, oral, or a combination of the two.

    2.2 No alterations of these Terms and Conditions, whether by addition, omission or substitute will be permitted or binding upon The Company unless acknowledged and agreed by it in writing.
Quotations
    3.1 Quotations for the cost of hire are given on the basis of the most direct route and any information provided by the Hirer.
    3.2 The choice of route is at the absolute discretion of The Company except where a specific route has been agreed with the Hirer, and recorded and communicated to the Hirer by The Company in writing. 3.3 If any alteration to the route is agreed by The Company before or after the commencement of a period of hire (such alteration being recorded and communicated to the Hirer in writing) then:

    3.3.1 The Company reserves the right to amend the quotation for the cost of hire.

    3.3.2 The Hirer agrees to pay the amended cost of hire.

    3.4 Quotations are valid for 28 days from the date of issue by the company.
    3.5 The Company will not be bound by the acceptance of any quote within 28 days of its issue if, at any time of acceptance, The Company will not have available for the proposed period of hire a vehicle suiting the Hirer's requirements.
    3.6 Quotations cover the cost of hire of the coach and fuel  only. Admission charges, meals accommodation, coach parking fees and all other expenses of travel and accommodation are excluded.
PAYMENT
    4.1 The terms for payment for hire will be set out The Company in writing and communicated to the Hirer.
    4.2 Time of payment is of the essence of any contract of hire, whether the cost of hire is payable by instalments or in one payment. If this is not met as per specified date it can result in the termination of the bus hire without further notice.
DRIVERS HOURS AND REST REGULATIONS
    5.1 The Hours agreed by the Operator for the operation of any hire must be strictly observed so that current regulations governing driver's hours and rest periods can be complied with. The company consider compliance to be paramount and reserve the right to immediately terminate, curtail or otherwise alter any hire which otherwise is at risk of falling to comply, or does not comply, with the relevant regulations.
    5.2 The Hirer will be provided with a copy of any relevant regulations upon request.
    5.3 Hirers acknowledge that they are aware that even short periods of driving (for example from hotel to a venue) may constitute an offence by extending the period of driving or reduce the required rest period. In addition to all its other rights referred to in these Terms and Conditions. The Company further reserves unto itself the right to institute proceedings for breech of contract, or any other remedy, in order to recover losses that may be sustained as a result of any Hirer who knowingly instructs or requests a driver to infringe the current regulation regarding drivers hours or rest periods.
    5.4 For the avoidance of doubt it is a condition of hire that no Hirer or person acting on the Hirers behalf will give any instructions or requests to a driver which does or may lead to a breech of any relevant regulations.
HIRERS AND PASSENGERS PROPERTY, EFFECTS AND EQUIPMENT
    6.1 Hirers and passengers introduced to company vehicles by Hirers, are responsible for the supervision, conduct, maintenance, safety and insurance of their own property, equipment and personal effects and The Company cannot accept responsibility or liability for loss or damage to such property, equipment and personal effects, however caused.
    6.2 Without prejudice to the generality of the foregoing The Company will not permit carriage of any property, equipment or personal effects upon its vehicles which have an individual value per item in excess of £250 unless

    6.2.1 The Hirer has given notice in writing to The Company, prior to carriage, describing any item or terms with a value in excess of £250.

    6.2.2 The Company has agreed in writing to the items or item being carried on the Company vehicle during time.

    6.2.3 Bands equipment to be insured by the band and not the responsibility of Silvergray in the event of damage or loss.

CANCELLATION
    7.1 In addition to its other rights to cancel stipulated herein or otherwise. The Company may cancel the Contract of Hire if:

    7.1.1 Any emergency, riot, civil commotion, strike, stoppage or restraint of labour, or the happening of any other event which The Company has no control  (including adverse weather or road conditions) make it impossible for the Company to perform the Contract of hire and in such circumstances The Company may return monies paid by the Hirer (less the cost to hire to the date of cancellation) and in such circumstances the Hirer agrees that no further liability will attach The Company arising out of the cancellation of the contract or otherwise or at all.

    7.1.2 The Hire fails to pay the contract price (whether by instalment or in one payment) at the time or times specified, or in any other way breaches these Terms and Conditions, and in which case the full contract price will remain payable by the Hirer to The Company, and the cancellation of the contract pursuant to this clause will be without prejudice to The Company’s right to seek damages and pursue any other remedy applicable for any losses caused by the failure or breech of the Hirer.

    7.2 If the Hirer cancels the contract prior to the period of hire then cancellation charges will be payable to The Company upon a scale that can be obtained from The Company upon request.
    7.3 If the Hirer cancels the contract during the period of hire then the full contract price remains payable to The Company.
BREAKDOWNS AND DELAYS      
    8.1 The Company provides journey schedule and estimates of journey times in good faith and does not guarantee the completion of any journey in any specific time and will not be liable to The Hirer or anybody else for loss or inconvenience or consequential loss or damage allegedly caused by the actual journey time.
USE OF VEHICLE
    9.1 The Hirer must not load, or permit to be loaded, any vehicle beyond the number of passengers it is legally permitted to carry, nor to be loaded in such a way that the maximum permitted weight is exceeded either in whole or on any axle or other part of the vehicle (details of legal maximums will be provided by The Company upon request).
BUS TRAILERS
    10.1 Equipment carried in bus trailers hired by The Company is to be insured by the Hirer and is not the responsibility of The Company for theft or damage. Trailers to carry a maximum of 1 ½ tons of equipment and any overloading will not be the responsibility of The Company

    All trailers are serviced and maintained to the highest standard. Breakdown of trailers cannot be guarataneed and the onward transportation of equipment will not be the responsibility of Silvergray.
NOTICES
    11.1 Any communication in writing between The Company and the Hirer will be valid for the purposes of complying with these Terms and Conditions if dispatched and received in the course of
GOUVERNING LAW/JURISDICTION
    12.1 Any contract for Hirer of the Company’s vehicle is made in England
    12.2 Any contract for Hire will be interpreted and constructed in accordance with and be governed by, the laws of England and Wales.
    12.3 Any litigation arising out of the interpretation and performance of any Contract of any Hire will be brought in the courts of England and Wales.