General Terms and Conditions

Terms and Conditions of Hire                                                                                                                  (2025.04.)

These Terms and Conditions of Hire, together with any written information agreements (contractual or supplementary arrangements) brought to your attention before we confirm your Hire, shall form the basis of your Entire Agreement with Agabus Ltd trading as Rose Travel Ltd (a COMPANY incorporated in Ireland, No: 478864)  (in any case being ‘us’, ‘we’ or the ‘COMPANY’) in respect of the relevant passenger transport service (referred to in these terms and conditions as ‘hire(s)’) to be provided by the COMPANY. No other variation of these terms are effective without agreement in writing from the COMPANY. The Hirer may not assign or novate any part of this agreement without written consent from The COMPANY. Our service will constantly keep expanding and changing, as such the COMPANY reserves the right to update, change, remove or modify these terms and conditions without notice. It is the Hires responsibility to ensure they are up to date with our terms and conditions. Please read these terms and conditions carefully and contact us if you have any queries.

1. Definitions – The COMPANY: means Agabus Ltd trading under registered trade names Rose Travel or Kerry Day Tours. The Hirer: means Person (Natural or Legal) who paid the funds for hire or associated companies responsible for The Hire. The Hire: means the transport service. Complaint: means a complaint received in compliance with condition 16. Vehicles: means any vehicles used by the COMPANY for the carriage of their passengers. Writing: includes emails. Business Days: means Monday – Friday, Irish bank holidays and weekends not included. Calendar days: means Monday-Sunday. Associated COMPANY: means any COMPANY which is, in relation to another COMPANY: (a) a subsidiary; or (b) a holding COMPANY; or (c) a COMPANY which is a subsidiary of the holding COMPANY; or (d) a parent COMPANY.
2. QUOTATIONS – All quotations are given subject to the COMPANY having available a suitable vehicle at the time the hirer accepts the quotation. Quotations are given on the basis of the most direct route and on the information provided by the hirer. The route used will be at the discretion of the COMPANY unless it has been particularly specified by the hirer, in which case the route will be clearly shown on the quotation. All quotations are given subject to the COMPANY having available a suitable vehicle at the time the hirer accepts the quotation. Quotations are valid for 28 calendar days unless otherwise notified.
3. PAYMENT –
   100. A deposit of 25% of the hire fee (Or minimum €100.00. The first €100.00 of a deposit is nonrefundable in all cases). is payable on the request of booking the hire service with the balance due 30 business days before the date of the hire unless the COMPANY has agreed in writing to vary this condition. Unless a di­fferent arrangement has been agreed, a credit card (Visa or MasterCard) must be supplied in order to secure a booking. Please note that credit and debit card payment is accepted. No surcharge will be applied to consumers. Business Cards are subject to a 3.5% fee. Where credit has been provided, the COMPANY reserves the right to add interest by the rate of 2% compound interest per calendar month, after the date by which payment should have been made.
   101. The Hirer, or its Associated COMPANY, remain fully liable for all payments until complete.
4. CANCELLATION BY HIRER – If the hirer wishes to cancel or amend any agreement it must be submitted in writing, the effective date of cancellation will be the date upon which we receive such written notification. In the event of cancellation by you, cancellation charges may be payable, as set out in the following scale of charges in relation to the total hire charge: €100.00 deposit if forfeited, 22 business days or more before – a 10%, 15 – 21 business days – 20% of hire, 7 – 14 business days – 50% of hire, 1 – 6 business days – 100% of hire, Day of hire – 100% of hire, Arrival of coach at departure point – 100% of hire.
5. CANCELLATION DUE TO INCLEMENT WEATHER CONDITIONS will be charged as above. Theatre/Concert tickets already purchased are not refundable. Accommodation, Meals etc. arranged on your behalf by our COMPANY may be liable for a cancellation charge which the hirer is solely liable for paying.
6. CANCELLATION BY COMPANY – In the event of an emergency or an action by the Hirer to vary the agreed conditions, the COMPANY may return all monies paid and without further liability cancel the contract.
7. DRIVER’S HOURS AND REST PERIODS – The hours of operation for the driver are regulated by law, and the hirer accepts the responsibility of ensuring the hire keeps to the hours and times agreed by the COMPANY. Neither the hirer nor any passenger shall delay or otherwise interrupt the journey in such a way that the driver is at risk of breaching regulations relating to driving hours or driver duty time. If a breach occurs, the hirer will be responsible for any additional costs incurred, unless the breach is outside the control of the hirer. Any additional costs will be calculated as set out at article 23, below.
8. SEATING CAPACITY – The maximum number of passengers allowed on the vehicle is indicated on the vehicle. No standing passengers allowed. Drivers will not carry any extra passengers over the seating capacity of the vehicle.
9. ANIMALS will not be carried on any vehicle, except Guide/Hearing Dogs.
10. VARIATION OF HIRE – If the vehicle is detained late by the Hirer or used for a longer journey than that contracted for, the COMPANY will make an extra charge.
11. CONDUCT OF PASSENGERS – The Driver is responsible for the safety of the vehicle. The driver has the right to refuse travel to any passenger(s) whose conduct is in breach of statutory regulations or deemed a safety or disruptive risk to themselves or other passengers.
12. SOILAGE AND DAMAGE – The Hirer will be responsible, and be charged in full, for all damages or soiling caused to the vehicle by passengers during the hiring. A soiling charge is payable by passengers who dirty or damage a vehicles to the extent that it has to be taken out of service or will have to be cleaned or repaired at a cost. The minimum Spoilage fee is €140.00. Damage fees will be on an assessment basis and advised to the Hirer.
13. PROPERTY – The COMPANY will not accept liability for any damage or loss of any property, which belongs to any passengers and is left on a vehicle. Any articles of found property recovered from a vehicle will be held at the Depot from where the vehicle is based and may be collected from there. All vehicles hired by the COMPANY are subject to restrictions on carrying luggage for statutory safety reasons. The hirer accepts that the driver shall be the sole judge as to whether and to what extent passengers’ property is carried. Large, bulky items may not be able to be carried, and the hirer should take all steps to notify the COMPANY in advance of such requirements. The COMPANY accepts to transport any personal property of the hirer and passengers on the understanding that both the COMPANY and hirer will take reasonable steps to avoid loss or damage. In any case, the hirer is advised that a vehicle, locked or unlocked, including luggage bays, is not considered secure storage against loss, damage or theft and the COMPANY does not accept responsibility, financial or otherwise, for items the hire leaves on a vehicle. The hirer should notify the COMPANY or the driver if items of exceptional value are to be carried on the vehicle. It is the hirer’s responsibility to minimise risk of loss when property is left unattended.
14. CHANGE OF VEHICLE – Giving no notice to the hirer the COMPANY maintains the right, without reservation, to provide a larger vehicle or a vehicle of different specification than the requested vehicle at no additional charge to the client. Without notice the COMPANY reserves the right to hire/Sub-Contract another Transport Operator to cover the hire. Without notice or further liability the COMPANY reserves the right to use 2 or more smaller vehicles, as necessary, on any day trip, tour, transfer or transport service of any kind in order to complete the hirer transfers.
15. Changes in daily timings must be made in writing no later than 2 days prior to use of the vehicle, supplementary fees may apply. Rose Travel Ltd. does not accept responsibility for errors in the confirmation on which changes have not been advised to us.
16. BREAKDOWN/DELAY – The COMPANY gives advice on journey times in good faith, but does not guarantee the completion of a journey at a specific time and will NOT be liable, financial or otherwise, for inconvenience or loss caused by breakdown or delay.
17. AGENCY AGREEMENT – When the COMPANY provides meals, accommodation, ferries, admission tickets and any other service provided by another Contractor, it does so as an Agent of the Hirer on their behalf. Any terms and conditions imposed by the Contractor will be binding on the Hirer as if they had directly contracted the services themselves.
18. COMPLAINTS and Arbitration – Disputes can only be resolved in an Irish Court of law. The driver has the right to refuse admission to the vehicles. In the event of a complaint about the COMPANY’s services, the hirer should endeavour to seek a solution at the time by gaining assistance from the driver or COMPANY. If this has not provided a remedy, complaints should be submitted in WRITTING within 14 business days of the termination date of hire to Rose Travel, Killarney Road, Flemby Bridge, Tralee, Co. Kerry, Ireland, V92FX40. On receipt, complaints will be acknowledged within 5 business days and the COMPANY will aim to resolve any complaint with 28 business days of it being made.
19. RETENTION OF VEHICLE – Unless stated, it should not be assumed that any vehicle will remain at the destination until time for the return journey. It is the hirers responsibility to ensure the removal of all passenger property on the vehicle.
20. ROUTE – The route used, unless the Hirer has advised of a particular route or places to be passed en-route, which will be specified on the confirmation itinerary, will be at the discretion of the COMPANY and/or the Driver.
21. ALCOHOL – Under no circumstances may alcoholic drinks be carried on, or consumed upon the vehicle, without the express permission of the COMPANY in writing.
22. SMOKING – All coaches are non-smoking.
23. SURCHARGES – Once a confirmation has been issued to the hirer, providing there are 30 business days prior to the departure date, the COMPANY reserves the right to pass on increases in the cost of fuel, taxes imposed by the Governments of Ireland and any other countries to be visited during the journey, road tolls and foreign currency. NO SURCHARGES WILL BE LEVIED WITHIN 30 BUSINESS DAYS OF INITIAL DATE OF HIRE. On notification of such surcharges, the hirer may cancel the booking subject to the scale of cancellation charges shown in article 3, above.
24. Transfer or Flight delays – The COMPANY reserves the right to charge an hourly supplement in case of flight delays.
25. Route and time variation – The COMPANY reserves the right to levy additional charges for additional mileage or time than that agreed. The charges will be pro rata and in accordance with the charges advised on the booking confirmation. The vehicle will depart at times agreed by the hirer, and it is the responsibility of the hirer to account for all passengers at each departure time. The COMPANY will not accept liability for any losses incurred by passengers who fail to follow instructions given by the hirer.
26. Confirmation – Written confirmation by the COMPANY is the only basis for acceptance of a hire or for a subsequent alteration to its terms.
27. Notices – No bill, poster or notice is to be displayed on any vehicle without written consent of the COMPANY. Where items are attached to a vehicle, including vinyl, any damage to the vehicle or its paintwork will be repaired at the full expense of the hirer. The vehicle must be returned clean with no sticky residue or an additional cleaning charge may be applied. Excessive paintwork damage may result in a full respray being required and it should be noted that this cost may be in the thousands of euro. Due to the possible repair costs involved the COMPANY does not recommend the attachment of any items to the vehicle, but were a request has been made the hirer should make themselves clear of the implications of any damage caused.
28. Luggage Allowance – As a guideline, each passengers may carry a 14kg (31lbs) piece of luggage (please enquire for group specific advice). This should be one piece of luggage which must be placed in the luggage compartment of the vehicle. Hirers intending to carry items of unusual shape or size must advise the COMPANY, in advance of booking a Hire, so as to establish the ability to carry. Passengers may also carry a single small item of hand luggage inside the passenger saloon of the vehicle. In this context, hand luggage means something that is capable of being stored in the overhead rack or beneath the seat. Hand luggage carried inside the passenger saloon must not be placed where it could obstruct the gangway or any passenger entrance or emergency exit, but must be placed under a seat or in an overhead rack as appropriate. (Legal load weight limits apply to vehicles. It may be necessary, for example, to use a larger vehicles to allow load capacity (weight or volume) for hires with significant weight or unusual luggage size. e.g. musical instruments, golf clubs and/or other equipment).
29. COMMENCMENT DATE AND EFFECTION PERIOD OF TERMS AND CONDITIONS – These Terms and Conditions shall become effective on the date The COMPANY indicates to the Hirer that a Hire is confirmed in writing (including by email).
30. WAIVER – Failure by any Party at any time to enforce any provision of these Terms and Conditions or to require performance by the Hirer or COMPANY of any of the provisions of these Terms and Conditions shall not be construed as a waiver of any such provision and shall not affect the validity of these Terms and Conditions or any part thereof or the right of such Party to enforce any provision in accordance with its terms.
31. Responsibility to inform – It is The Hirers responsibility to inform all 3^rd parties (including passengers or an Associated COMPANY) effected of these terms and conditions.
32. GOVERNING LAW AND JURISDICTION
    1. Law – These terms and conditions shall be governed by and construed in all respects in accordance with the laws of Ireland.
    2. Jurisdiction – The parties engaging or hiring Rose Travel Ltd service agree to submit to the exclusive jurisdiction of the Courts of Ireland as regards any Claim or matter arising out of or in relation to this Agreement.