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 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. 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.
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. 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 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.
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 come on any vehicle without prior written agreement from the company.
Normally, 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% compound interest per calendar month, after the date by which payment should have been made.
10. Cancellation by Hirer
a. If the hirer wishes to cancel any agreement, the following scale of charges will apply in relation to the total hire charge.
DAYS PRIOR TO CANCELLATION CHARGE
|Days prior to departure date||Day Hire|
|28 days or more||10% or £50 (Whichever the greater)|
|14-27 days||50% of hire|
|7-13 days||60% of hire|
|3-6 days||75% of hire|
|1-2 days||85% of hire|
|Day of hire||Minimum of 85% of hire|
|Arrival of coach at departure point||100% of hire|
b. 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.
c. Cancellation due to inclement weather conditions will be charged as above.
d. Theatre tickets once purchased are not returnable and must be paid for in full. (or other such ancillary service)
11. Cancellation by the Company
In the event of any 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.
12. Vehicle to be Provided
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.
b. 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.
c. The company reserves the right to provide multiple vehicles to meet the seating capacity requirements of the hirer, including substituting two single deck vehicles for a double deck vehicle.
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 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 suppliers terms and conditions brought about by the hirers action.
15. 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 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. Passengers Property
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 carried, and the hirer should take all steps to notify the company in advance of such requirements.
b. The company accepts any personal property of the hirer and their passengers on the understanding that it will take all reasonable steps to avoid loss or damage. The hirer should notify the company or the driver if items of exceptional value are to be carried on the vehicle. It is the hirers responsibility to minimise risk of loss when property is left unattended.
c. 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.
d. All articles of lost property recovered from the vehicle will be held at the company’s premises where the vehicle is based, and will be subject to the current Public Service Vehicle (Lost Property) Regulations. The company will provide details of this legislation on request.
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 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. 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.
In the event of a 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 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.
No bill, poster or notice is to be displayed on any vehicle without the 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 (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.
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.
22. LOST PROPERTY
Luggage is carried at the owner’s risk and we shall not be responsible for any property or equipment left on the coach. Any item of lost property will be held for a period of 1 month following the date of the tour in accordance with the minimum regulation laid down by the Road Traffic Act 1960 & the Public Services Vehicles (Lost Property) Regulations 1995. There will be a minimum charge of £2.00 on collection from our offices at 18A Mansfield Road, POOLE, Dorset. Postage and packaging will be charged extra.
TO BE REVIEWED: SEPTEMBER 2017