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Service Partner - Terms and Conditions
1. Introduction
All requests for coaches from Coach Companies (“Service Partners”) are made in Coach Kiosk Limiteds (“CK”) role as an Agent. The end user books and pays for all transport directly with Coach Kiosk Limited (through its various divisions including Momentum Coach Hire, Transport for Schools, JAB Coach Hire, Funday Kiosk as well as many others), CK in turn books and settles payment with the Service Partner.
2. These Conditions shall:
(a) apply to and be incorporated into the Contract; and
(b) prevail over any inconsistent terms or conditions contained, or referred to in the Service Partners confirmation of order, acceptance of a quotation, specification or other document, or implied by law, trade custom, practice or course of dealing.
2.1 The acceptance of a Quotation by a Service Partner constitutes an offer by them to purchase the Services specified in the Quotation on these Conditions. No offer placed by a prospective Service Partner shall be accepted by CK other than:
(a) by an acknowledgement issued by CK; or
(b) (if earlier) by CK starting to provide the Services,
when a contract for the supply and purchase of those Services on these Conditions will be established. The Service Partners standard terms and conditions (if any) attached to, enclosed with or referred to in any purchase order or other document shall not govern the Contract.
3. Booking Confirmations
CK communicates all bookings, amendments and cancellations via email and direct links into the CK web based booking and distribution system. The Service Partner agrees that email and web link is an acceptable basis of communication to enter into definitive contractual agreement.
4. Service Partner Responsibilities
4.1 The Service Partner shall use reasonable endeavours to perform the Services at the times set out in the Contract. The Service Partner acknowledges it is responsible for the conduct of the Driver under Conduct Regulations.
4.2 The Service Partner confirms that by accepting the trip he holds the following:
1. A valid and current (VOSA) Coach Operators licence.
2. A valid and current UK Vehicle Insurance certificate which covers the vehicle to be utilised on the CK trip.
3. For any trips which involves a school trip pick up the Service Partner should have a valid and current CRB check for the driver.
5. Vehicle Changes and Subcontracting
The Service Partner agrees not to amend the vehicle type as stated in the Booking Confirmation sent by CK without agreement in writing from CK. The Service Partner agrees not to amend the vehicle type as stated in the Booking Confirmation without agreement in writing from CK.
4. Terms of Payment
Standard terms of payment from Coach Kiosk Limited are 28 days unless an alternative is agreed in writing between Coach Kiosk and its Service Partner.
Coach Kiosk Limited pays on the basis of one payment per month. In example all jobs fulfilled by a Service Partner for the month of February will be paid in the last week of March.
Coach Kiosk guarantees all payments to Service Partners for all trips carried out on behalf of Coach Kiosk (subject to 9. Cancellation below). Coach Kiosk Limited bears the risk of a bad debt from the end user.
6. Additional Charges
Any variations to the journey which require additional payment to the Service Partner from CK should not be accepted by the Service Partner other than by written Agreement from CK.
7. Direct Approach to Clients
The Service Partner Agrees not to directly or indirectly solicit business from any client which has been introduced through CK.
8. Damage to Vehicle
Coach Kiosk cannot be held liable for any damage for third party customers to vehicles. However, Coach Kiosk Limited will use all reasonable endeavours on behalf of the Service Partner to recover the cost of repairs to the vehicle. In order to facilitate this the Service Partner must take photographs of the damage and forward these to Coach Kiosk Limited within 4 working days of the incident.
9. Breakdown by Supplier
In the event of vehicle breakdown it is the sole responsibility of the Service Partner to recover the passengers and take them to the intended destination or any reasonable alternative as requested by the Passengers.
10. Cancellation by Coach Kiosk Limited
In the event of a cancellation by CK at any time up to 24 hour before the time of departure no charge will be levied by the Service Partner. In the event of a cancellation at less than 24 hours notice (where the coach had been booked for at least 48 hours before the cancellation) 100% of the fee will be payable, net of any variable costs egg: fuel, driver accommodation
11. DATA PROTECTION
The Service Partner acknowledges and agrees that details of the Customer's name, address and payment record are confidential and should only be used on a need to know basis.
12. FORCE MAJEURE
Subject to Condition 5, CK shall have no liability to the Service Partner under the Contract if it is prevented from or delayed in performing its obligations under the Contract or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including strikes, lock-outs or other industrial disputes (whether involving the workforce of CK or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.
13. VARIATION
No variation of the Contract or these Conditions shall be valid unless it is in writing and signed by or on behalf of each of the parties.
14. WAIVER
14.1 A waiver of any right under the Contract is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and the circumstances for which it is given.
14.2 Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.
15. SEVERANCE
15.1 If any provision (or part of a provision) of the Contract is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions will remain in force.
15.2 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, that provision will apply with whatever modification is necessary to make it valid, enforceable and legal.
15.3 The parties agree, in the circumstances referred to in Condition 13.1 and if Condition 13.2 does not apply, to attempt to substitute for any invalid, unenforceable or illegal provision a valid, enforceable and legal provision which achieves to the greatest extent possible the same effect as would have been achieved by the invalid or unenforceable provision. The obligations of the parties under any invalid or unenforceable provision of the Contract shall be suspended while an attempt at such substitution is made.
16. STATUS OF PRE-CONTRACTUAL STATEMENTS
16.1 The Service Partner acknowledges and agrees that, in entering into the Contract it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to the Contract or not) relating to the subject matter of the Contract, other than as expressly set out in the Contract.
17. ASSIGNMENT
17.1 The Service Partner shall not, without the prior written consent of CK, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Contract.
18. NO PARTNERSHIP OR AGENCY
Nothing in the Contract is intended to, or shall operate to, create a partnership between the parties, or to authorise either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
19. RIGHTS OF THIRD PARTIES
The Contract is made for the benefit of the parties to it and (where applicable) their successors and permitted assigns and is not intended to benefit, or be enforceable by, anyone else.
20. STATUS OF CUSTOMER
If the Customer is a consumer, none of these Conditions will adversely affect his rights as a consumer.
21. NOTICES
Notice given under the Contract shall be in writing, sent for the attention of the person, and to the address or Email address, given in the Contract (or such other address, fax number or person as the relevant party may notify to the other party) and shall be delivered personally, sent by fax or sent by pre-paid, first-class post or recorded delivery. A notice is deemed to have been received, if delivered personally, at the time of delivery, in the case of fax, at the time of transmission, in the case of pre-paid first class post or recorded delivery, 48 hours from the date of posting and, if deemed receipt under this Condition 19 is not within business hours (meaning 9.00 am to 5.30 pm Monday to Friday on a day that is a business day), at 9.00 am on the first business day following delivery. To prove service, it is sufficient to prove that the notice was transmitted by fax, to the fax number of the party or, in the case of post, that the envelope containing the notice was properly addressed and posted.
22. GOVERNING LAW AND JURISDICTION
22.1 The Contract and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with, the law of England and Wales.
22.2 The parties irrevocably agree that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract or its subject matter.
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