Terms and Conditions for Employers

Terms and Conditions for Employers

1. These terms and conditions are applicable to employers (the “Employer”) who register under the Taxsaver Scheme operated by Bus Atha Cliath-Dublin Bus (“Dublin Bus”), Bus Éireann-Irish Bus (“Bus Éireann”) and Iarnród Éireann-Irish Rail (“Irish Rail”) (each a “Company” and collectively the “Companies”) for certain bus and/or train passes issued by or on behalf of any of the Companies (the “Taxsaver Scheme”) and shall be known as the “Terms and Conditions for Employers”.

2. Registration of the Employer under the Taxsaver Scheme can only take place online on http://www.taxsaver.ie. The Employer agrees to register online on http://www.taxsaver.ie in accordance with the procedures therein.

3. Where the Employer places a valid order prior to the deadline date specified by the Companies, the relevant Company shall use its reasonable endeavours to process and deliver the order to the Employer at least three days before the start of the monthly, part-yearly or annual pass. For the avoidance of doubt, any reference to part-yearly passes in these Terms and Conditions for Employers excludes monthly passes, which are a separate and distinct form of pass.

4. Registration is subject to acceptance by the Employer of these Terms and Conditions for Employers. These Terms and Conditions for Employers shall apply to and be legally binding upon each Employer who registers under the Taxsaver Scheme. The Employer must tick the box online where indicated and by doing so, the Employer acknowledges that it has read, understood and agreed to these Terms and Conditions for Employers.

5. The Employer must have a designated account number allocated to it for access to the Taxsaver Scheme and this is only allocated after the registration process is completed.

6. The Employer covenants and undertakes with each of the Companies that the Employer shall comply fully with applicable law in respect of the Employer’s own participation in, administration and operation of the Taxsaver Scheme, including, but not limited to, Section 118(5A) of the Taxes Consolidation Act 1997 (as amended from time to time) and such terms and conditions issued by the Revenue Commissioners of Ireland in the Revenue Tax Briefing Guide at http://www.revenue.ie/en/tax/it/leaflets/benefit-in-kind/passes.html (the “Revenue Terms and Conditions”).

7. The Employer acknowledges and agrees that neither Bus Eireann, Dublin Bus, nor Irish Rail is giving any tax advice or otherwise to the Employer or the Employer’s directors or employees, nor, without limitation, has either Bus Éireann, Dublin Bus or Irish Rail any liability in relation to any tax savings or otherwise for the Employer or the Employer’s directors or employees, the Employer’s own participation in, administration and operation of the Taxsaver Scheme, including, without limitation, the Employer’s administration or operation of any salary sacrifice arrangements, salary deductions, administration of PAYE/PRSI, alteration to terms and conditions of employment or otherwise which the Employer acknowledges are the responsibility of the Employer.

8. The Employer acknowledges that only those passes as determined by each of the Companies for the purposes of the Taxsaver Scheme are available for purchase on http://www.taxsaver.ie

9. The Employer agrees to pay the relevant Company in full for all passes purchased by the Employer under the Taxsaver Scheme, in accordance with the applicable payment terms set down by the relevant Company when ordering the passes. The Employer agrees that it shall purchase the passes under the Taxsaver Scheme and not its employees. The Employer agrees that it shall make the passes available to its employees in accordance with the Revenue Terms and Conditions. Payment methods acceptable to the Companies are as follows:

(A) Credit Card: Payment in full is made at time of online order;

(B) Direct Debit: Payment in full is taken from the nominated bank account within 5-14 days from the date of online order – the Employer must complete a direct debit mandate in favour of Bus Éireann, Dublin Bus or Irish Rail (as the case may be);

Monthly Passes: In respect of Dublin City Bus monthly passes, payment must be received (and cleared) within 28 days of invoice. In respect of Irish Rail and Bus Éireann monthly passes, payment in full must be received (and cleared) prior to dispatch date of passes to the Employer.

Annual Passes: In respect of Bus Éireann and Dublin City Bus annual passes, payment in full must be received (and cleared) prior to dispatch date of passes to the Employer. In respect of Irish Rail annual passes payment in full must be received and cleared within 14 days of invoice date.

The currency of payment shall be euro (€).

10. The Employer agrees that a Company may withhold or cancel without notice to the Employer any pass where payment in full has not been received by the particular Company in respect of passes ordered by the Employer under the Taxsaver Scheme.

11. The Employer agrees and acknowledges that passes are issued pursuant to the Taxsaver Scheme subject to the applicable terms and conditions of carriage, bye-laws, notices and regulations of the Companies and Luas. The Employer agrees to bring these to the attention of each of its employees who avail of any pass through the Taxsaver Scheme. These are available on the following links:

• Córas Iompair Éireann Bye-Laws (Confirmation Order 1984 (railways), Statutory Instrument No. 109/1984 available at http://www.irishstatutebook.ie/eli/1984/si/109/made/en/print
• Conditions of Carriage of Passengers and their Luggage (June 2004) Iarnrod Éireann-Irish Rail available at https://www.irishrail.ie/faqs/where-can-i-find-the-conditions-of-carriage under Question: “Where can I find the Conditions of Carriage?”
• Standard Terms and Conditions of Carriage of Bus Éireann available at https://www.buseireann.ie/inner.php?id=376
• Dublin Bus Bye-Laws, Statutory Instrument No. 394/1996 available at: http://www.dublinbus.ie/en/About-Us/Dublin-Bus-Bye-Laws/
• Luas Bye-Laws (re Bus & Luas, Rail & Luas ticket types under Taxsaver Scheme), Statutory Instrument No. 100/2004 available at http://www.irishstatutebook.ie/eli/2004/si/100/made/en/print

The Employer acknowledges that the “Luas” is operated on behalf of the Railway Procurement Agency under separate legislation and not Córas Iompair Éireann (“CIÉ”) or the Companies, and is a separate entity to CIÉ and the Companies. The Employer further acknowledges that the passes issued under the Taxsaver Scheme have certain further conditions which are identified on the website of the Taxsaver Scheme under “Ticket Conditions” under “Commuter” section of the website.

12. The Employer agrees to nominate a designated contact person who shall be responsible for placing orders on behalf of the Employer in respect of its employees under the Taxsaver Scheme and who shall be responsible for dealing with all payments in respect of such orders on behalf of the Employer. Each of the Companies reserves the right to deal solely with the designated contact person on all matters pertaining to the Taxsaver Scheme.

13. The Employer shall fully comply with the provisions of the Data Protection Acts 1988 - 2018, the General Data Protection Regulation and all regulations made thereunder (the “Data Protection Legislation”)

14. Each of the Companies shall comply with the applicable provisions of the Data Protection Legislation: The Data Protection Acts 1988 - 2018 and the General Data Protection Regulation.

15. The Employer acknowledges that each of the Companies may increase the price of passes on any given route or service, at any time, and the Employer agrees to pay such increased amount(s) in respect of the purchase of such passes or where passes have already been ordered.

16. The Employer acknowledges that passes issued to it under the Taxsaver Scheme are non-transferable and specific to employees for whom they are purchased, and the Employer covenants and undertakes to procure compliance with this condition by its employees who are provided with passes by the Employer under the Taxsaver Scheme.

17. Lost or stolen monthly passes will not be replaced by the Companies. Any replacement passes issued under the Taxsaver Scheme for lost or stolen annual passes will be subject to the following provisions:

a. replacements shall only be issued once in any twelve-month period;
b. employees must report lost or stolen passes to An Garda Síochána and the designated company person in its Employer;
c. the designated company person must then notify the relevant Company in writing and provide supporting documentation e.g. letter from employee and copy of incident report from An Garda Síochána. This documentation may be sent by email;
d. a replacement fee will be charged at the rate of €15 as more particularly set out in the “Ticket Conditions” set out on http://www.taxsaver.ie

Bus Éireann

All tickets are posted by standard post to the supplied company address only. Bus Éireann will not be responsible for any time delays incurred, outside its control, in this process. Late Orders / Payments:

• Any late orders made after the order closing date, i.e. after the 18th of the preceding month (except for January orders where the closing date brought forward due to Christmas), will be subject to delay.
• Late payments will also incur a delay in processing the order before the 1st of the month, for which the order has been made. If there is a delay in payment made by the employer, this will result in a delay in the process of releasing a Leap Card, which can take up to 5 working days to be issued to the employee.
• No refunds will be given for late orders or late payments that result in the delay of processing an order.

Leap Cards :

• We recommend that all Leap Cards are registered by employees on https://www.leapcard.ie/en/NavigationPages/CardRegistration.aspx
• Leap Cards are printed offsite and take up to 5 working days to be received by Bus Éireann.
• Balance checks must be processed by the employee for every renewal by one of the following methods:
  • Employee goes to a Leap card Payzone agent. The locations of these may be found at www.payzone.ie. The Leap card is presented to the shop clerk and ask for a ‘balance check’. This process will upload their new ticket.
  • If the employee has an android phone, they may upload an app instead of going to a Payzone agent. Please see further information at this link: https://about.leapcard.ie/leap-top-up-app.
  • Employees may use the Leap card collection device (kiosk) in respective bus stations. Employee places their Leap card against the collection device and the product will upload automatically.
• Lost / Stolen Leap Cards will be blocked and disabled
• If a Lost / Stolen Leap Card is subsequently found, it should be returned to : Bus Éireann Taxsaver Section, Room 10, Main Building, Broadstone, Dublin 7.

Leap Card Replacements :

• All requests for Bus Éireann Taxsaver Leap Card Replacements may be made by the employee logging into their registered Leap Card account on http://www.leapcard.ie.
• No refunds will be issued for travel or other costs incurred during Leapcard.ie replacement process
• Lost / Stolen Leap Cards will be blocked and disabled
• IMPORTANT: Employees must report lost or stolen Leap Cards to their Employer / Designated Taxsaver Company Person. If an order is made by the Employer and the Leap Card is lost by the employee before uploading a renewal order, a new order will have to be processed after the replacement Leap Card is issued by Leapcard.ie. A full credit memo will be issued for the original order.
• It is VERY IMPORTANT that the Employer / Designated Taxsaver Company Person is contacted by the employee in relation to any lost/stolen pass so that all renewal orders are made for the replacement pass and not the original lost/stolen pass.

Point to Point Replacements:

• Employees must report lost or stolen passes to their Employer / Designated Taxsaver Company Person.
• All Bus Éireann Point to Point passes may be replaced by the Employer only, by e-mailing taxsaver@buseireann.ie
• No refunds will be issued for travel or other costs incurred during the replacement process
• If the Lost / Stolen Point to Point pass is subsequently found it should be returned to : Bus Éireann Taxsaver Section, Room 10, Main Building, Broadstone, Dublin 7
• A Lost Point to Point pass cannot be cancelled unless the original pass is returned to : Bus Éireann Taxsaver Section, Room 10, Main Building, Broadstone, Dublin 7
• If a replacement Point to Point pass is lost/stolen, it cannot be cancelled or refunded unless the original pass is returned to : Bus Éireann Taxsaver Section, Room 10, Main Building, Broadstone, Dublin 7

18. Damaged monthly passes will not be replaced by the Companies. Damaged annual and part-yearly passes issued under the Taxsaver Scheme will be dealt with as follows:

a. these will only be replaced at the discretion of the relevant Company; and
b. the damaged pass must be returned to the relevant Company before a request for a replacement can be considered.

19. Refunds: No refunds/credits will be given for monthly passes. The following provisions shall apply to refunds/credits for annual passes: All refunds/credits are purely at the discretion of the relevant Company and must be processed through the relevant Company. All passes must be returned by the Employer to the relevant Company with a cover note on the Employer’s headed paper outlining the reason for the refund application.

Annual passes for Dublin City Bus and Irish Rail (including combined passes with Bus Éireann) are based on a 10 month rate, with two months free and this discount is withdrawn if the pass is cancelled so the refund/credit is based on the regular monthly rate by the number of months expired.

Bus Éireann :

Passes purchased through the Taxsaver Scheme may have employer-specific conditions that can vary from employer to employer. All Bus Éireann refunds are dealt with through the Employer only. Bus Éireann Taxsaver Leap Cards may be retained for personal use with travel credit after cancellation.

Monthly :

Cancellation of unused monthly passes must be made by the 5th of the month, for which the ticket is to be cancelled. Any passes used, at any time, during or after the 1st of that month will not be refunded. There are no partial refunds on Monthly passes.

Annual :

Annual Cancellations must be made by the 5th of the month. with no usage, at any time, during or after the 1st of that month, for it to be included in the refund.

Annual passes for Bus Éireann are based on rates as outlined in the most recent National Transport Authority (NTA) Fares Determination.

Annual Refunds are calculated by taking the sum of the: (original cost, divided by ten, multiplied by the number of months used), from the original cost*

Please Note : Refunds issued up to and including 9 months usage of an annual Taxsaver pass.

Annual Refunds Breakdown

*Subject to change in relation to the NTA’s Fares Determination

20. Passes issued under the Taxsaver Scheme are valuable items and the Employer is encouraged to advise its directors and employees to take out insurance cover for such passes under the “all risks” section of the director’s or employee’s home insurance policies.

21. Misuse of any passes issued under the Taxsaver Scheme will be deemed as violating the applicable terms and conditions of carriage and bye-laws of the particular Company or Luas as the case may be and render the misused pass subject to confiscation.

22. None of the Companies shall be liable for any delay or interruption to, or cancellation of, bus/rail services, including any consequential loss arising therefrom whether or not such delay, interruption or cancellation is caused by any reason beyond their respective control including without limitation industrial disputes, machine break-down, interruption in supply of power or materials.

23. Bus and Rail services operated by any of the Companies may be subject to alteration or cancellation.

24. Each of the Companies reserves the right to vary the times of bus and rail services operated by them respectively.

25. Any of the Companies may terminate the participation of the Employer in the Taxsaver Scheme at any time forthwith by notice in writing where (a) any passes furnished to the Employer remain unpaid or (b) the Employer is in breach of these Terms and Conditions for Employers or any one of these Terms and Conditions for Employers; or (c) an insolvency event occurs in relation to an Employer such as if Employer commits an act of bankruptcy or becomes bankrupt or any application is made under any bankruptcy legislation in force, or any composition or arrangement with or for the benefit of creditors, any sequestration of the estate of the Employer or otherwise or if a trustee is appointed on behalf of creditors, or being a company, if the Employer enters into voluntary or compulsory liquidation, or receivership, or examinership, or if a receiver, administrative receiver, liquidator, provisional liquidator, examiner, interim examiner, administrator, is appointed over any of its assets or undertaking.

26. These Terms and Conditions for Employers shall be governed by and construed in accordance with the laws of Ireland and the Employer hereby irrevocably submits to the exclusive jurisdiction of the courts of Ireland for all purposes in connection therewith.

APPROVED/ISSUED BY/ BUS ÉIREANN-IRISH BUS / BUS ÁTHA CLIATH-DUBLIN BUS / IARNRÓD ÉIREANN-IRISH RAIL