TERMS AND
CONDITIONS
These conditions apply to the private hire transport, not operating
as a package, as defined by the package travel, package holidays and
package tour regulations 1992.
1. Application-These conditions apply whether a contract has been made
verbally or in writing. The hirer acts on behalf of all passengers
travelling on the vehicles. If the hirer is a company, group, or
partnership, an individual must be named as a responsible person. The
hirer is responsible for the actions and decisions of all passengers on
board including any additional cost incurred in performing the contract,
whether or not they actually travel with the party. The company will
accept instructions from the hirer. If the hirer is not going to travel
with the party, a representative must be chosen, and the company
informed prior to the hire-taking place.
2. Quotations-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 it will be clearly shown on the confirmation.
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 days unless otherwise notified. Quotations are given
for coach and driver only. Any additional charges will be separately
identified and will be the hirer's responsibility unless otherwise
specified.
3. Use of vehicle-The hirer cannot assume use of the vehicle between
outward and return journeys, nor to remain at the destination for the
hirers use unless this has been agreed with the company in advance.
4. 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 formula 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 those times. The company will not accept liability for any
losses incurred by passengers who fail to follow instructions given by
the hirer.
5. Driver's Hours-The hours of operation for the driver are regulated by
law, and the hirer accepts the responsibility of ensuring the hirer
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 and duty time. If any breach is likely to occur, the hirer
will be responsible for any additional costs incurred unless it is
outside the control of the hirer. Any additional costs will be as
condition 4.
6. Seating Capacity-The Company will, at the time of booking, agree and
specify the legal seating capacity of the vehicle to be supplied. The
hirer must not load the vehicle beyond this capacity.
7. Conveyance of Animals-On a private hire, no animals (other than guide
dogs and hearing dogs notified to the company in advance) may be carried
on any vehicle without prior written agreement from the company.
8. Confirmation-Written confirmation by the company is the only basis
for the acceptance of a hiring or for a subsequent alteration to its
terms.
9. Payment-Any deposit requested must be paid by the date stated and
payment in full must be made before the start of the hire unless
otherwise agreed by the company. The company reserves the right to add
interest at the rate of 2% compound interest per calendar month, after
the date by which payment should have been made.
10. Cancellation By Hirer-If the hirer wishes to cancel any agreement,
the following scale charges will apply in relation to the total hire
charge. The cost of accommodation, meals and theatre tickets which have
already been purchased by the company at the request of the hirer, will
be charged to the hirer, plus any administration charges incurred by the
company. Cancellation due to inclement weather conditions will be
charged as below.
Coach hire (Days prior to departure) Charge
10 days or more Loss of deposit (10%)
6-9 days 15% of hire
3-5 days 25% of hire
1-2 days 50% of hire.
Day of hire 85% of hire
Arrival of coach at pickup point 100% of hire.
11. Cancellation by the Company-In the event of any emergency, riot,
civil commotion strike, lock out, stoppage or restraint of labour or on
happening of any event over which the company has no control (including
adverse weather and road conditions) or in the event of the hirer taking
any action to vary agreed conditions unilaterally, the company may, by
returning all money paid and without further or other liability, cancel
the contract.
12. Vehicle to be provided-The company reserves the right to provide a
larger vehicle than that specified at no additional charge unless any
extra seats are used in which case an additional pro rata charge will be
made to the hire charge. the company reserves the right to substitute
another vehicle (including those of other operators) or ancillary
facilities for all or part of the hiring subject to such substitutes
being of a least equivalent quality.
13. Breakdown and Delays-The company gives its advice on journey time in
good faith. However, as a result of breakdown or traffic congestion, or
other events beyond the reasonable control of the company, journeys may
take longer than predicted and in those circumstances the company will
not be liable for any loss or inconvenience suffered by the hirer as a
result.
14. Agency Arrangements-Where the company hires- in vehicles from other
operators at the request of the hirer and where the company arranges
ancillary facilities such as meals, accommodation, ferries, admission
tickets or any other services provided by another supplier, it does so
as agent for and on behalf of the hirer. Any terms and conditions
imposed by such other suppliers through the company shall, insofar as
they are supplied to the hirer, be binding on the hirer as if he has
directly contracted such services and the hirer shall indemnify the
company against any loss, claim, damage or award in respect of a breach
of supplier's terms and conditions brought about by the hirer's actions.
15. Package Travel Regulations-If the company in advance of such the
hirer organises other elements of a package in addition to the provision
of transport, the hirer may be defined as an organiser or a retailer for
the purposes of the Package Travel, Package Holidays and Package Tours
Regulations 1992 and as such may be required to comply with the
provisions of those regulations. In this instance, the company cannot
accept any liability that may be incurred for losses or damage that it
would otherwise accept under the terms of those regulations. The hirer
accepts responsibility for ensuring whether they are so defined, and the
company cannot accept liability for loss or damage incurred that should
have been the responsibility of the hirer if the hirer was the legally
defined organiser or retailer. Where the company acts as an organiser or
retailer, it will issue separate conditions of trading relating to its
liabilities and responsibilities under the regulations.
16. Passenger Property-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 passenger's 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 any
personal property of the hirer and their passengers on the understanding
that it will take reasonable steps to avoid loss or damage. The hirer
should notify the company or the driver if terms 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. The company's
liability for loss and damage, however caused, is limited to £500 per
bag, case or package and an overall limit of £1000 (overall claim value)
maximum per passenger. It is the responsibility of the hirer to ensure
that items over this value are insured separately for loss and damage.
17. Conduct of Passengers-The driver is responsible for the safety of
the vehicle at all times, and as such may remove any passenger whose
behaviour prejudices safety or is in breach of Public Service Vehicle
Regulations 1990. These regulations set out certain rights and
responsibilities on all parties, and full details of these can be
obtained from the company on request. The hirer is responsible for any
damage caused to the vehicle by the passenger for the duration of the
hire. Where the hire is to a sporting event, the hirer should be aware
of the legal requirements relating to alcohol, contained in the Sporting
Events (Control Alcohol) Act 1995, and the conditions of entry to race
courses as laid down by the Race Course Association Ltd. The company
will provide details of these restrictions on request.
18. Complaints-In the event of complaint about the company's services,
the hirer should endeavour to seek a solution by seeking assistance from
the driver or from the company. If this has not provided a remedy,
complaints should be submitted in writing and within 14 days of the
termination date of hire.
19. Notices-No bill, poster or notice is to be displayed on any vehicle
without written consent of the company.
20. Refreshments and Alcoholic Drinks-Other than on a vehicle fitted
expressly for that purpose, food (except confectionery) and drink may
not be consumed on the vehicle without prior written consent from the
company. |