TERMS AND CONDITIONS
These
conditions apply to the private hire of transport, not operating as a package,
as defined by the package travel, package holidays and package tour regulations
1992.
These
conditions apply whether a contract has been made verbally or in writing.
The hirer acts on behalf of all the passengers traveling 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 the
passengers on board including any additional costs incurred in performing the
contract, whether or not they actually travel with the party.
The company will only 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.
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 had directly contracted such services and the hirer shall
indemnify the company against any loss, claim, damage or award in respect of a
breach of such supplier’s
terms and conditions brought about by the hirer’s action.
a. If the hirer
wishes to cancel the agreement, the following scale of charges will apply in
relation to the total hire charge.
DAYS
PRIOR TO CANCELLATION CHARGE
Day
Hire prior to departure date:-
28 days or more 15
% or £50.00 (whichever is higher)
14 - 27 days
50 % of hire charge
7 -
13 days
60 % of hire charge
3 -
6 days
80 % of hire charge
1 -
2 days
90 % of hire charge
Day of Hire
95 % of hire charge
Arrival
of Coach at first pick-up point
100 % of hire charge
In the event of any emergency, riot, civil commotion, strike, lock out, stoppage
or restraint of labour or on the happening of any event 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.
In the event of a complaint about the company’s services, the hirer should
seek assistance from the driver or from the company.
If this has not provided a remedy, complaints should be submitted in
writing within 14 days of the termination date of the hire.
Complaints will be acknowledged within 14 working days and the Company
will aim to resolve any complaint within 28 days of it being made.
Full details of the Company’s complaint procedure are available on
request.
Normally, written confirmation by the company is the only basis for the
acceptance of a hiring or for a subsequent alteration to its terms.
7.
Conveyance of Animals
On a private hire, no animals (other than guide dogs and hearing dogs notified
to the company in advance) may come on any vehicle without prior written
agreement from the company.
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.
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 as 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 in condition 4.
10.
Notices.
No bill, poster or
notice is to be displayed on any vehicle without the written consent of the
company.
If the hirer organizers other elements of a package in addition to the provision
of transport, the hirer may be defined as an 'organizer’ 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.
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
organizer or retailer.
a. 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 claimed.
Large, bulky items may not be able to be carrie3d, and the hirer should
take all steps to notify the company in advance of such requirements.
The driver is responsible for the safety of the vehicle at all times, and as
such may remove any passenger whose behavior prejudices safety or is in breach
of the Public Service Vehicle (Conduct of Drivers, Inspectors, Conductors and
Passengers) 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 any
passenger for the duration of the hire.
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.
Quotations are given on the basis of the most direct route and on 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 from the initial enquiry unless otherwise
specified.
Other than on a vehicle fitted expressly for that purpose, food (except
confectionery) and drink (including alcoholic beverages) may not be consumed on
the vehicle without prior written consent from the company.
Only food (except confectionery) and beverages supplied by the company
may be sold or distributed on the vehicle.
17.
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 the
passengers who fail to follow instructions given by the hirer.
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.
19.
Surcharges
Once a confirmation has been issued to the hirer, providing there are 30 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 the UK and of other
countries to be visited during the journey, road tolls, and foreign currency.
No surcharges will be levied within 30 days of departure.
On notification of such surcharges, the hirer may cancel the booking
subject to the scale of cancellation charges shown in Cancellation by Hirer.
The liability of the company will be limited to the cost of the hire and
any ancillary services supplied.
20.
Use of Vehicle
The hirer cannot assume use of the vehicle between outward and return journeys
nor to remain at the destination for the hirer’s use unless this has been
agreed with the company in advance.
a. 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.