Terms & Conditions:
1.1 In these Conditions: "Booking Form" means the Seller's booking form which when completed constitutes the Buyer's request for the Seller's Services; "Buyer" means the party named in the Booking Form buying the Services and any person upon whose behalf that party acts which for the avoidance of doubt shall include all the other persons for whom the Event booking is made. "Conditions" means the standard terms and conditions and the Booking Form set out in this document and includes any special terms and conditions agreed in writing between the Buyer and the Seller for the supply of the Services; "Driver" means the person authorised to drive the Vehicle; "Event" means the trip(s) booked by the Buyer; "Price" means the Seller's quoted price or, where no price has been quoted, the price listed in the Seller's published price list at the date that the Contract is made; "Seller" means Smokin Lizard Party Bus "Services" means the services which the Seller is to supply in accordance with these Conditions; "Vehicle" means the bus, coach or similar vehicle used for the Event.
1.2 Any reference in these Conditions to a statute or a provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time.
1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
2. BASIS OF THE SALE
2.1 The Seller shall supply and the Buyer shall buy the Services in accordance with these Conditions and neither party shall make any alterations of the terms of these Conditions without the other party's agreement in writing.
2.2 The Seller intends to rely upon the Conditions set out in this document and the Booking Form. If any amendments to these Conditions are required the Buyer should request that they are put in writing.
2.3 The Buyer agrees to inform all other persons for whom an Event booking is made of the Conditions and shall be responsible (together with such persons) for ensuring that the Conditions are complied with.
3. BOOKINGS AND CANCELLATIONS
3.1 A contract shall not come into existence between the Buyer and the Seller until the Buyer's deposit is accepted by the Seller's acceptance via email confirmation.
3.2 The Buyer must pay a 50% deposit to secure the booking; the balance is payable 7 days before departure. The Seller reserves the right to cancel the trip and recover losses if the Buyer does not comply with this clause, unless otherwise agreed upon with the Seller in writing.
3.3 The Buyer shall be responsible to the Seller for ensuring the accuracy of the information supplied on any Booking Form and for giving the Seller any necessary information relating to the Services within a sufficient time to enable the Seller to perform the Services.
3.4 If the Buyer cancels its request for Services less than 14 days before the date agreed for provision of the Services, the Seller shall have the right to charge the Buyer an amount to cover any reasonable losses and costs the Seller has suffered because of the cancellation
3.5 A Buyer who cancels a booking prior to the 14th day before the date agreed for provision of the Services shall not be refunded of the deposit. If the Buyer paid the full price within 14 days before the date agreed for provision of services; the client will not be refunded any amount of the Price. However, Smokin Lizard Party bus has the right to refund in goodwill.
3.6 The Seller may at its discretion cancel, suspend or terminate the supply of Services if the Buyer fails to make payment when the same is due or commits a major breach of its obligations under the Contract with the Seller;
3.7 The Seller may also in its absolute discretion at any time cancel, suspend or terminate the supply of Services by reason of the Buyer's behaviour or drunkenness (or that of anyone in the Buyer's party) which is likely to cause distress, damage or danger to other guests, clients, employees or any third party.
4.1 The Buyer shall pay the Price to the Seller for the Services. Until such time as the Seller has accepted the deposit in accordance with clause 3.1, the Seller reserves the right to alter its Prices without prior notice.
4.2 The Seller shall be entitled to invoice the Buyer for the Price at any time after the Seller receives the Booking Form from the Buyer.
4.3 The Buyer shall pay the Price (less the deposit already paid) at least 7 days before the date of the trip. If full payment is not received the Buyer's booking shall be considered to have been cancelled, unless otherwise agreed upon with the Seller in writing.
4.4 The Buyer will be fully responsible for the bar tab. All cost must be paid before the Buyer leaves the bus. All bar prices are subject to change.
5.1 The Driver will take the direct route between each destination in the order specified in the Conditions, unless agreed otherwise with the Seller.
5.2 Unless otherwise stated in the quote, the Price does not include the cost of drinks, food, , toll road charges, admission and parking charges for special events or porterage charges and/or any other items specifically referred to in the Booking Form, unless agreed to in writing by the Seller.
5.3 The Seller may use an Event Vehicle for any other purpose during any period that the Vehicle is not transporting the Buyer during an Event.
6. THE SELLER'S OBLIGATIONS
6.1 The Driver is responsible for ensuring that the Vehicle is safe at all times. Any action of the Buyer, which threatens or is likely to threaten the safety of the Driver or other passengers of the Vehicle, or is in breach of statutory regulations, shall entitle the Driver to require the Buyer to leave the Vehicle immediately. The Seller reserves the right to retain any funds paid in this event.
6.2 The Seller does not guarantee admission into any venue or event and does not accept any liability in the event that the management, or any other authorised person, of any venue refuses admission to the Buyer except where refusal is due directly to the Seller's own negligence. The Seller will, however, do its best to provide a suitable alternative venue in such circumstances provided that the reason for refused entry is not related to the Buyer's dress, behaviour or drunkenness (or that of anyone in the Buyer's party).
6.3 The Driver may withdraw the Vehicle if the Buyer does not board the Vehicle within 30 minutes of the designated time. The Seller reserves the right to charge an additional fee of R500 per hour after the agreed drop off time.
6.4 The Seller will endeavour to complete any journeys between the venues within a reasonable period of time but does not guarantee to complete any journey within a specified period of time and it does not accept responsibility for any inconvenience arising from any delay attributable to reasons beyond the control of the Seller.
6.5 The Seller does not accept responsibility for any loss, damage, injury, death or inconvenience arising from any accident, breakdown or delay or the Vehicle.
6.6 The Seller and the Driver take all reasonable measures for ensuring the safety of the Buyer whilst on the Vehicle and the Seller recommends that the Buyer remains seated while the Vehicle is travelling between venues. Any Buyer wishing to stand whilst on the Vehicle shall do so at its own risk and the Seller shall not be responsible for any injury, illness, death or other loss sustained as a result, other than due to its own negligence or breach of its duties at common law.
7. THE BUYER'S OBLIGATIONS
7.1 The Buyer will be liable for any damage the Buyer or any other person in the Buyer's party causes to the Vehicle or equipment.
7.2 The Buyer undertakes to ensure that his conduct in or near the Vehicle does not at any time during the Event endanger the safety of any other passenger and does not cause any damage to the Vehicle.
7.3 The Buyer agrees to board the Vehicle punctually at the designated times.
7.4 The Buyer will not use any illegal substances on the Vehicle. Failure to comply with this will result in refusal of admission on the Vehicle without any refund.
7.5 If the Seller incurs any cost as a result of the Buyer's neglect or default, the Buyer must pay such costs to the Seller in addition to the Price.
8.2 The Buyer will then be invited to complete a questionnaire giving all necessary information relating to the complaint, injury or other claim and return it to Customer Services in order to enable the Seller to deal with the complaint, injury or other claim promptly and efficiently.
9.1 The Seller will not be liable for loss, injury or damage that arises from the act or omission of any third party and not from the Seller's own negligence.
9.2 The Buyer is not permitted to cancel this Agreement except with the written consent of the Seller or where the Seller has committed a major breach of its obligations to the Buyer under this Contract.
9.3 The Contract is between the Seller and the Buyer as principals and may not be assigned by the Buyer without the express written consent of the Seller.
9.4 As the parties intend to rely on the Conditions set out in this document and the Booking Form, these Conditions shall not be varied unless agreed to in writing by both parties.
9.5 If the Seller is in default of any of its obligations hereunder, it shall not be liable where such default is due to any act of God, war, strike, lockout, industrial action, fire, flood, drought, tempest or any other event beyond the reasonable control of the Seller ("Unforeseeable Events"). In such circumstances, the Seller shall give notice to the Buyer where possible, and be released from performance of its obligations hereunder to the extent that the Unforeseeable Event prevents or restricts the Seller's performance.