TAXSAVER SCHEME
(www.taxsaver.ie)
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 Eireann-Irish Bus (“Bus Eireann”) and Iarnrod Eireann-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 Eireann, 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 Eireann, Dublin Bus or Irish Rail (as the case may be);
(C) Cheque or EFT:
Monthly Passes: In respect of Dublin 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 Bus annual and part-yearly(Bus Éireann only) 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:
The Employer acknowledges that the “Luas” is operated on behalf of the Railway Procurement Agency under separate legislation and not Coras Iompair Eireann (“CIE”) or the Companies, and is a separate entity to CIE 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 and 2003 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.
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 or part-yearly 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 Siochana 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 Siochana. This documentation may be sent by email;
d. a replacement fee will be charged at the rate of either €10, €15 or €20 as more particularly set out in the “Ticket Conditions” set out on http://www.taxsaver.ie.
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 and part-yearly 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 Bus and Irish Rail (including combined passes with Bus Eireann) 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.
Annual passes for Bus Eireann are based on an 11 month rate, with one month 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. Passes purchased through the Taxsaver Scheme may have employer-specific conditions that can vary from employer to employer.
Refunds on annual and part-yearly passes will be calculated as follows: The cost of the appropriate monthly pass multiplied by the number of months expired is deducted from the amount paid for the annual pass or the part-yearly pass. Where part only of a month has expired the full month will be included in the calculation of the refund. There is no administration fee involved.
There is no refund given for annual and part-yearly passes that were lost, stolen, destroyed or damaged during the year nor for replacement annual and part-yearly passes that were lost, stolen, destroyed or damaged during the year.
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 EIREANN-IRISH BUS / BUS ATHA CLIATH-DUBLIN BUS / IARNROD EIREANN-IRISH RAIL