Terms And Condition of Hire
Updated 17th March 2014
These conditions apply whether a contract has been made verbally or in writing. The Hirer acts on behalf of all the 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 the passengers on board including any additional costs incurred in performing the contract, whether or not they actually travel with the party. 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. The Company will only accept instructions from The Hirer or their nominated representative. Where a copy of these conditions has been given to The Hirer at any time, or The Hirer has been advised verbally of all significant terms, making a booking will be deemed to signify acceptance of them. Where a hirer makes a booking before receiving these conditions and without being advised verbally of all significant terms, The Hirer may cancel the contract without liability to the operator within 48 hours of receiving these conditions. Otherwise, The Hirer will be deemed to accept these conditions.
2. Quotations and Advice
i) Quotations are given on the basis of a 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 given for coach and driver only. Any additional charges will be separately identified and will be The Hirer’s responsibility unless otherwise specified.
ii) Any advice given to the customer concerning departure times, journey times and route planning is based on previous experience and given in good faith but it should be construed as a guide only and not a guarantee of service.
3. Use of the Vehicle
The Hirer cannot assume the use of the vehicle between outward and return journeys, nor that will it remain at the destination for The Hirer’s use unless this has been agreed with The Company in advance.
4. Parking Charges
The Hirer will be liable for all parking charges.
5. Route and Time Variation
The Company reserves the right to levy additional charges for additional mileage or time to that agreed. The charges will be pro rata and in accordance with the formula used to calculate the original quote. 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.
6. Drivers’ Hours
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 a way that the driver is at risk of breaching regulations relating to driving hours, breaks and duty time. Should any such breach occur, The Hirer will be responsible for all costs incurred including recovering the driver and vehicle and/or the cost of overnight accommodation for the driver and vehicle unless the breach was caused by events outside the control of The Hirer. The Hirer hereby explicitly authorises The Company to deduct these costs from the credit card or cash deposit provided at the time of booking.
7. 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.
8. 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.
Written confirmation by The Company is the only basis for the acceptance of a hiring or for a subsequent alteration to its terms.
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% per annum above the base rate of the HSBC Bank, calculated on a daily basis, from the date by which payment should have been made to the date full payment including added interest has been credited to The Company’s bank account.
11. Cancellation by Hirer
i)Any cancellation must be notified to The Company in writing. In addition to the charges detailed below a £25 administration fee is payable in respect of any cancellation made by The Hirer and will be deducted from the deposit held by The Company prior to a refund.
ii)No refund will be given should The Hirer decide to change or curtail any part of the pre booked service on the date of travel.
iii) If The Hirer wishes to cancel any agreement, the following scale of charges will apply in relation to the total hire charge.
|14 days or more||No charge|
|7 – 14 days||10% of hire|
|3 – 6 days||25% of hire|
|48 hours||50% of hire|
|24 hours or less||100% of hire|
iii) 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.
iv) Cancellation due to inclement weather conditions will be charged as above.
v) Theatre tickets* once purchased are not returnable and must be paid for in full. (* or other such ancillary service)
12. Cancellation by The Company
In the event of any administrative or operational problem, emergency, riot, civil commotion, strike, lock out, stoppage or restraint of labour or on the 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.
13. Vehicle to be provided
The Company reserves the right to substitute another vehicle (including those of other operators) for all or part of the hiring subject to such substitutes being of at least equivalent quality.
14. Breakdown and Delays
The Company gives its advice concerning departure times, journey times and route planning in good faith and as a guide only. If as a result of breakdown or traffic congestion or other event beyond the control of The Company the journey 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.
15. 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 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.
16. Package Travel Regulations
If 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 establishing 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 agrees to act as an organiser or retailer, it will issue separate conditions of trading relating to its liabilities and responsibilities under the Regulations.
17. Passengers’ Property
Luggage and personal effects are carried on or in our vehicles at the owner’s risk. Gangways, doorways and emergency exits must not be obstructed. All vehicles hired are subject to restrictions on carrying luggage for statutory safety reasons and the driver shall be the sole judge as to whether and to what extent passengers’ property is carried. The Company will not accept liability for any damage or loss of any property, which belongs to any passengers and is left on a vehicle. Any articles of found property recovered from a vehicle will be held at the depot from where the vehicle is based and may be collected from there.
18. Conduct of Passengers
Please note: we operate a strict no smoking policy on board all our vehicles
i) 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 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. ii) 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 of 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.
19. Damage to or soiling of Vehicles
Damage can be defined as resulting from any wilful, malicious or accidental damage caused to the vehicle, by a member of a party or group travelling on one of The Company’s vehicles. Soiling is any defined as vomit, excessive rubbish, drink or food containers or any other matter that is left in the vehicle which requires cleaning. Any damage or soiling that occurs will be the responsibility of The Hirer. The Hirer is the person, organisation or body whose details appear on the original booking. The Company will hold The Hirer responsible for the cost of rectifying the damage or soiling and The Hirer hereby explicitly authorises The Company to deduct the full cost of rectifying said damage or soiling from the credit or debit card or cash deposit taken at the time of booking subject to a minimum charge of £50.00.
In the event of complaint about The Company’s services, The Hirer should endeavour to seek a solution at the time 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 date of the hire.
No bill, poster or notice is to be displayed on any vehicle without the written consent of The Company.
22. Refreshment and Alcoholic Drinks
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.
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 paragraph 10. The liability of The Company will be limited to the cost of the hire and any ancillary services supplied.
24. English Law
Orders are only accepted in that Law of England shall apply to the contract arising from such an order and to the determination of the rights and liabilities of the respective parties and in that no action or other proceedings shall be brought by either party in relation to such contract except in a Court of competent jurisdiction in England