Roadshow Promotions Ltd
Terms & Conditions of Vehicle Hire
In these Terms and Conditions the following words and phrases will have the following meanings unless inconsistent with the context:
- “Agreement” means any agreement between Roadshow and the Hirer for the purchase of the Services as set out in Clause 2 and in default of a formal agreement these Terms shall constitute the Agreement.
- “Roadshow” means Roadshow Promotions Ltd company 08317085 whose registered address is Summerdale, Head Dyke Lane, Preston, PR3 6SJ
- “Vehicle Company” means any third-party provider contracted by Roadshow 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 Roadshow.
- “Force Majeure” means any reason preventing Roadshow 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 Roadshow, 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; default of subcontractors.
- “Owner” shall mean Roadshow or any other company to whom Roadshow 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 Roadshow as set out and in any booking confirmation.
- “Terms” means the standard terms and conditions set out in this document together with any special terms agreed in writing between the Hirer and Roadshow.
- “Vehicle” means any Vehicle (together with its fittings) hired to the Hirer under the terms hereof
- “Quotation / Proposal” means any quotation given by Roadshow to the Hirer for the provision of the Services.
- Any quotation supplied by Roadshow is based on information provided by the Hirer and therefore quoted on that basis.
- Any quotation is valid for 30 days unless stated otherwise in the quotation.
- The Agreement of a booking requires written notification from the Hirer by signing a booking confirmation, issued by Roadshow. 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 order or acknowledgement of booking.
No general terms or conditions of business of the Hirer shall be applicable to contracts entered into between the Hirer and Roadshow.
- Save as set out in the Agreement, these Terms may only be varied or amended in writing and signed by an authorised signatory of Roadshow.
- If the Hirer is a company, group or partnership, an individual must be named as the person authorised to deal with Roadshow on the Hirer’s behalf. the Hirer is responsible for the actions and decisions of all users of the Services.
- Booking is subject to availability.
- The Services will be as set out in the relevant booking confirmation.
- All descriptions or illustrations contained in Roadshow 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 do not form part of the Agreement nor are they representations to be incorporated into the Agreement.
- Roadshow may change the provision of the Services:
- To conform with any relevant safety or other statutory or regulatory requirements; or
- Which do not materially affect their quality or performance.
- In providing the Services, Roadshow reserves the right to substitute another Vehicle of at least equivalent quality.
- Roadshow shall transport property of the Hirer on the understanding that Roadshow will take reasonable steps to avoid loss or damage.
- Any property belonging to the Hirer or others left in the Vehicle at the end of the hire 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.
- 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%
- In relation to 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.
MODIFICATION AND BRANDING OF VEHICLES
- Roadshow may agree with the Hirer for the modification of the Vehicle and the installation of branding/signwriting.
- Terms will be separately agreed with the Hirer for any such modifications and in addition to any hire cost
PRICE AND PAYMENT TERMS
- The price for the Services will be as set out in the booking confirmation and is exclusive of:
- All parking charges and road tolls whether in the United Kingdom or abroad;
- The costs of additional mileage or time incurred in providing services to the Hirer;
- Any value added tax or other applicable sales tax or duty; and such sums will be added to the sum in question.
- Roadshow will be entitled to vary the price for the Services:
- Following any changes in the Booking Confirmation made at the request of the Hirer and agreed by Roadshow;
- To comply with the requirements referred to in Clause 3.3.1;
- Any deposit is non-refundable, and the Hirer shall pay for the Services in full and by cleared funds 30 days prior to commencement of the Services unless otherwise agreed in writing by Roadshow. All payments will be made in pounds sterling.
- 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.
- Roadshow may use any payment made by the Hirer to Roadshow to settle such of the invoices for the Services as Roadshow thinks fit, despite any purported appropriation by the Hirer.
- If any sum payable under the Agreement is not paid when due:-
- Roadshow reserve the right to charge interest on overdue amounts 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 Roadshow of the full amount (including any accrued interest) whether before or after judgement.
- Payment of such interest shall be without prejudice to Roadshow’s rights under the Agreement.
- Roadshow shall in addition be entitled to suspend performance of the Services until the outstanding amount has been received by Roadshow from the Hirer.
Driver’s hours/ periods of work
- 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 Roadshow.
- 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 Roadshow will hold the Hirer responsible for any additional costs incurred by Roadshow in adhering to their responsibilities.
- Roadshow will use reasonable endeavours to perform the Services at the times set out in the booking confirmation.
- If, despite the endeavours set out at clause 8.1, Roadshow is unable for any reason to fulfil any performance at the specified times, Roadshow will not be in breach of this Agreement, and Roadshow 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.
- The items hired out to, or placed at the disposal of, the Hirer by Roadshow 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.
- Should the items not meet the requirements of the agreement as a result of any activities on the part of the Hirer all costs associated with the repair will be charged separately to the Hirer.
EXCLUSION OF LIABILITY
- Roadshow does not exclude its liability (if any) to the Hirer:
- for breach of Roadshow’s obligations arising under relevant legislation, including but not limited to the Supply of Goods and Services Act 1982;
- for personal injury or death resulting from Roadshow’s negligence;
- for fraud;
- For any matter which it would be illegal for Roadshow to exclude or to attempt to exclude its liability.
- Except as provided in Clause 10.1, Roadshow 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 Roadshow of any of the express or implied terms of the Agreement.
- Except as set out in Clause 10.1, Roadshow 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.
- The Hirer agrees to indemnify, keep indemnified and hold harmless Roadshow 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 Roadshow 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.
- Roadshow 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 Force Majeure or 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 of transport or any facilities contained within any Vehicle hired to the Hirer, explosion of any nuclear plant or part thereof radioactivity/contamination from such plant or other events beyond the reasonable control of Roadshow.
- 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.
- 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.
- No failure or delay by Roadshow 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.
- The Agreement is personal to the Hirer who may not transfer all or any of its rights or obligations under the Agreement without Roadshow’s prior written consent which it is not obliged to grant.
- Roadshow may transfer and/or sub-contract all of its rights or obligations under the Agreement without the consent of the Hirer.
- 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.
- This Agreement shall be governed by and construed in accordance with English law and subject to the jurisdiction of the English courts.
- Before referring any dispute to court under this agreement, the parties will attempt to settle the dispute by mediation in accordance with the Centre for Effective Dispute Resolution Model Mediation Procedure.
- Neither Party may commence any court proceedings in relation to any dispute arising from this agreement until it has attempted to settle the dispute by mediation and either the mediation has been unsuccessful or the other party has refused to participate in a mediation.
- Clause 12.9 above is without prejudice to each Party’s right to seek interim relief against the other Party through any court of competent jurisdiction to protect its rights and interests, or to enforce the obligations of the other Party
- Roadshow shall insure the Vehicle for road risks insurance. Public Liability Insurance is also held. the Hirer shall fully and completely indemnify Roadshow 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.
MAINTENANCE & ALTERATIONS
- In the event of Vehicle or equipment malfunction, Roadshow must be informed at the earliest possible opportunity.
- Roadshow 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 retained and kept with a label affixed to it identifying it as faulty for Roadshow’s 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 Roadshow.
- If any malfunction is due to incorrect or negligent usage by the Hirer or any person using any Vehicle with the permission of 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 Roadshow for all and any damage or loss of any equipment supplied for the purposes of the promotional Vehicle hire.
DELIVERY IN GOOD ORDER
- Roadshow warrants that each Vehicle supplied for hire is compliant with current Vehicle & Operator Services Agency Regulations.
- The Hirer shall at all times allow Roadshow or its agents to have reasonable access to the Vehicle to inspect, test, repair or replace same.
CONSENTS, LICENCES & PERMISSIONS
- 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.
AVAILABILITY OF VEHICLES
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 Force Majeure or other circumstances beyond Roadshow’s or any Owner’s control.
SUB-LET or RE-HIRE
- The Hirer shall not re-hire, sell, mortgage, charge, pledge, part with possession of or otherwise deal with the Vehicle and shall protect it against distress, execution, or seizure and shall indemnify Roadshow 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 its rights hereunder nor sub-let or lend the Vehicle or any part of its equipment to a third party without the prior consent of Roadshow which it shall not be obliged to give.
CONSEQUENTIAL LOSS TO 3rd PARTIES
No liability will attach to Roadshow or any 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 Roadshow for any cause whatever, including the negligence of Roadshow, or Roadshow employees.
USE OF VEHICLE IN PROMOTIONAL PICTURES
- The Hirer agrees that Roadshow or any Owner, its business associates or any of its trading partners may 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 Roadshow with promotional materials to other potential or actual Hirers.
- Roadshow shall be entitled to terminate the agreement forthwith and repossess the equipment if:-
- the Hirer fails to comply with any of the conditions herein contained or
- If the Hirer ceases to trade or
- being a company or other form of organization goes into liquidation either voluntary or compulsory (save for the purposes of bona fide corporate reconstruction or amalgamation) or if a receiver is appointed in respect of the whole or any part of its assets or any execution is levied against all or any of its assets or
- being an individual becomes bankrupt or enters into any arrangement with his creditors (whether statutory or otherwise)
- 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.
- If such notice as set out in clause 22.3 then hire for the period of seven days is chargeable.
- If the hire is terminated prematurely Roadshow is entitled to payment in full for the minimum hire period stated.
- Roadshow will, at the time of booking, agree and specify the legal seating capacity of the Vehicle that it will supply.
- Roadshow 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.
- Roadshow does not warrant or agree (unless specifically agreed in writing and in relation to which a supplemental charge may be levied): –
- that the Vehicle will be available for their use between the outward and return journeys.
- that the Vehicle will remain at the destination times between arrival and departure on any return journey.
- Routes taken and itineraries to be followed shall be in accordance with schedules agreed between the Hirer and Roadshow, and deviations unless agreed to in advance may incur additional charges.
- The Hirer is advised that drivers are not authorised to agree deviations from agreed routes and schedules unless it is for reasons of safety or operational necessity.
- It is expressly forbidden to convey members of the general public on any Vehicle operated or sub-contracted by Roadshow at separate fares.
- It is the driver’s responsibility for the safety of the Vehicle at all times, and as such the driver may remove any passenger/visitor whose conduct compromises safety or is in breach of the Public Service Vehicle (Conduct of Drivers, Inspectors, Conductors and Passengers) Regulation 1990.
- Other than confectionery, no food or drink (including alcoholic beverages) may be consumed on the Vehicle without prior consent from Roadshow.
- Chewing gum is banned from all Vehicles.
- No smoking is permitted on the Vehicle at any time
- 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.
- Roadshow do not accept liability for or insure any items which are not part of the Vehicle’s fixtures and fittings and the Hirer must effect their own insurance for any such items which the Hirer places on or in the Vehicle.
- It is the Hirer’s responsibility to minimise risk or loss when property is left unattended.
- Any damage caused to Vehicles on hire by any passenger and or visitor during the period of the hire shall be made good at the expense of the Hirer who shall indemnify Roadshow in respect of such damage.
- Damage, for the purpose of this condition includes anything which might cause Roadshow 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 which may incur further hire charges to the Hirer.
- This includes passengers being ill on Vehicles to which there is an automatic cleaning charge of £100.00 plus VAT unless the Vehicle is taken out of normal service for such cleaning. In that case the Hirer shall be liable to reimburse Roadshow for any loss whilst the vehicle is out of service at normal hire rates for that time.
- Roadshow will give its advice on journey times in good faith. Roadshow accepts no responsibility for any inconvenience suffered by the Hirer as a result of a journey taking longer than predicted as a result of Force Majeure or other circumstances beyond the control of Roadshow or any Owner.