General Terms and Conditions

Terms and Conditions of Hire (2023.07.)

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.

Definitions – The COMPANY: means Agabus Ltd trading as Rose Travel Ltd. 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.
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.
PAYMENT –
1. A deposit of 25% of the hire fee (minimum €100.00) 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.
2. The Hirer, or its Associated COMPANY, remain fully liable for all payments until complete.
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: 22 business days or more before – a 10% admin charge, 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.
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.
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.
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.
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.
ANIMALS will not be carried on any vehicle, except Guide/Hearing Dogs.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
ALCOHOL – Under no circumstances may alcoholic drinks be carried on, or consumed upon the vehicle, without the express permission of the COMPANY in writing.
SMOKING – All coaches are non-smoking.
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.
Transfer or Flight delays – The COMPANY reserves the right to charge an hourly supplement in case of flight delays.
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.
Confirmation – Written confirmation by the COMPANY is the only basis for acceptance of a hire or for a subsequent alteration to its terms.
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.
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).
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).
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.
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.
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.
Private School Transport – The below terms are in addition to the above and specifically relate to Private School Transport on routes organised by Rose Travel Limited:
1. All travel must be paid for in advance. The COMPANY is not obliged to carry any passenger without a ticket. Passengers must be in possession of a valid ticket or e-ticket (display on a phone or tablet). Note: the payment receipt of the term-payment is considered a valid ticket for the relevant period.
2. Drivers and staff of Rose Travel Ltd. carry out regular inspections of tickets at pick-up points and on-board our vehicles.
3. There are options to purchase tickets in one of the following ways – by Term or Annually . We do not currently sell tickets on-board our private school vehicles. Please contact our office (066-7137407 or info@rosetravel.ie) to make payment, or you we can send you a payment link.
4. Usage and Payment:
  1. Once a child is registered to use the service, capacity on the COMPANY’S bus is reserved for that child for the duration of the relevant period for which payment was received.
  2. Payment is made for all days the bus travels in the relevant payment period regardless of whether the child travels or not.

Payments made are non-refundable.

COVID 19 – School Closures and Interruption of Service:
1. In the event of a school closing due to COVID 19, you will not be charged for your bus ticket during closure.
2. If your child is absent from school long term due to COVID 19, then we will look at each case individually and come to an agreement regarding amounts received. It is the guardian/parents responsibility to notify the COMPANY as soon as possible.
3. The amount of refund due is based on the number of standard school days missed, and the original fee paid.
Code of Conduct – to ensure safe and comfortable travel for all. Applicable to all students travelling on the companies private school routes.
1. Students/Customers: Be responsible for your own behaviour. Accept the consequences of any misconduct. Respect yourself, other Passengers and COMPANY Staff, and COMPANY property. At all times upon boarding, sit in your seat and wear a safety-belt until the bus arrives at your destination. Carry a valid ticket. Noise levels should be comfortable for other passengers. Do not take photos of other students, drivers or aspects of the bus during operation. Do not consume food or beverages aboard the vehicle.
2. Parents of Students: Please advise your Children about bus safety rules, this ‘Code of Conduct’ and consequences for any misconduct. Communicate and co-operate with our Drivers and transport Staff in managing any misconduct. Be available for discussions about the behaviour of Children.

Bus Drivers & Staff: Follow the ‘Code of Conduct’ and Rose Travel Ltd. various internal policies and procedures. Communicate in a clear and respectful manner. Promptly record and inform the office of any breaches of the ‘Code of Conduct’, any unacceptable Passenger behaviour, any incidents arising and Drivers actions taken to resolve.

Disciplinary/Suspension Steps
1. NON-COMPLIANCE WITH ANY OF THE ABOVE RULES WILL RESULT IN THE FOLLOWING;
  1. First offence – verbal warning to student.
  2. Second offence – written warning to parent/guardian.
  3. Third offence – one week suspension of student from school bus travel.
  4. Fourth offence – the student will not be allowed to travel on the school bus for the remainder of the year.
2. If the incident or incidents are deemed by the COMPANY to be of a more serious nature, withdrawal of travel services will occur immediately.

An term payments will be forfeited and non-refundable in the event of suspension or withdrawal of travel services.

Covid-19 Protocols – Parents should advise their children of the below terms and conditions. This is for the safety of the driver and other passengers:
1. Parents are required to take their child’s temperature prior to boarding the bus in the morning and assess for COVID 19 symptoms. Do not travel if there are symptoms.
2. While boarding and disembarking social distancing is to be maintained at all times, if safe to do so.

Hands must be sanitised prior and while boarding

Respiratory etiquette must be followed while in queue and at all time during travel.
NO MASK. NO TRAVEL. Mandate use of face mask for passengers using the transport, unless medical advice is otherwise.
Suspect Covid-19 case must be reported to the office

Parents are advised to provide their child with hand sanitiser (where appropriate) and face covering, unless medical advice is otherwise.
Students will be allocated a seat and will be prohibited from changing or swapping seats.

Safety Tips
1. Children should learn to:
  1. Stand a safe distance back from the curb when waiting for a bus.
  2. When waiting for the bus it is important not to push or crowd forward as the vehicle comes to a stop, as people may trip or be pushed in front of or into the approaching vehicle.
  3. Move towards the bus only when it has stopped and the doors have opened.
  4. Stay in the same seat with bags under their seat when on the bus.
  5. Follow the instructions of the driver.
  6. Sit quietly on the bus and not distract the bus driver.
  7. Sit quietly and not engage in behaviour that will disturb and attract the attention of other passengers.
  8. Not harass other passengers.
  9. Keep all body parts inside the bus.
  10. Only move from the seat when the bus has stopped.
  11. Once off the bus, if students need to cross the road, wait for the bus to leave and only cross when it is safe.
2. Parents should:
  1. Drop off or wait for their child on the same side of the road as the bus stop.
  2. Park away from the designated bus stop area.
  3. Parents are not to approach students, other parents or the bus driver.
  4. Parents are to communicate change of stops or other communication to COMPANY office, not the Bus driver.
  5. Under no circumstances are parents to board the bus.
  6. All enquiries, concerns or issues are to be reported to the COMPANY – 066 713 7407 or info@rosetravel.ie.
3. For the 2023-2024 academic year, Rose Travel’s private school transport routes will:
  1. Cost €900.00 annually. It can be paid annually or €300.00 in three term payments. Payment 1 by 24/8/2023, Payment 2 by 09/11/2023, Payment 3 by 08/02/2024. (The company reserves the right to change pricing without notice.)
  2. Operate (Unless notified in writing by Rose Travel) on weekdays only from Monday August 28^th 2023 to Friday May 31st 2024. The service will not operate on the below dates (The company reserves the right to change operational days without notice):
    1. October Mid Term – 28^th of October to 05^th of November 2023 inclusive
    2. Christmas Holidays – 23^rd of December 2023 to 07^th of January 2024 inclusive
    3. Spring Mid Term – 10^th to 18^th of February 2024 inclusive
    4. Patricks Day Break – 18^th of March 2024
    5. Easter Holidays – 23^rd of March to 7^th of April 2024 inclusive
    6. May Public Holiday – 6^th of May 2024.

Rose Travel will adjust route timings if Mercy Mount Hawk Secondary changes hours or has a half-day (only for whole school half days). The operational service dates are based on Mercy Mount Hawk Secondary school calendar. Rose Travel will not adjust the route operations or timing for any other school in Tralee if they change hours or have a half-day.

General Terms and Conditions of Hire (including Private School Transport routes, see item 33.) (2023.07.)