TERMS AND CONDITIONS
1.1 These conditions apply whether a contract has been made verbally or in writing.
1.2 The hirer acts on behalf of all the passengers travelling on the vehicles.
1.3 If the hirer is a company, group, or partnership, an individual must be named as a responsible person.
1.4 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.
1.5 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.
1.6 The company will only accept instructions from the hirer or their nominated representative.
1.7 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.
1.8 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.
2.1 Quotations are given on the basis of the direct route and on information provided by the hirer.
2.2 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.
2.3 All quotations are given subject to the company having available a suitable vehicle at the time the hirer accepts the quotation.
2.4 Quotations are valid for 28 days unless otherwise notified.
2.5 Quotations are given for coach and driver only.
2.6 Any additional charges will be separately identified and will be the hirers responsibility unless otherwise specified.
3 Use of Vehicle
3.1 The hirer cannot assume the use of the vehicle between outward and return journeys, nor will it remain at the destination for the hirers use unless this has been agreed with the company in advance.
4 Seating Capacity
4.1 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.
5.1 Any deposit 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.
5.2 The Company reserves the right to add interest at the rate of 2% per annum above the base rate of HSBC Bank, calculated on a daily basis, from the date by which payment should have been made.
6 Drivers Hours
6.1 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.
6.2 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.
6.3 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.
7.1 No bill, poster or notice is to be displayed on any vehicle without the written consent of the Company.
8 Refreshments and Alcoholic Drinks
8.1 Other than on a vehicle fitted expressly for that purpose, food (except confectionary) and drink (including alcoholic beverages) may not be consumed on the vehicle without prior written consent from the Company.
9 Breakdown and Delays
9.1 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.
9.2 The Company will waiver one day hire charge for any coach delayed by mechanical fault.
9.3 In the case of an emergency contact the office on 01492 879133 which offers 24 hour assistance.
10 Conveyance of Animals
10.1 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.
11 Route and Time Variation
11.1 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 advised on the booking confirmation.
11.2 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.
11.3 The company will not accept liability for any losses incurred by passengers who fail to follow instructions given by their hirer.
12.1 Cancellation of Hirer
12.1.1 If the hirer wishes to cancel any agreement, the following scale of charges will apply in relation to the total hire charge.
12.1.2 The charge in relation to notice given are as follows:
· 10 days or more, single hire 0%, more than one hire 50%
· 6-9 days, single hire 10%, more than one hire 60%
· 3-5 days single hire 25%, more than one hire 70%
· 1-2 days single hire 50%, more than one hire 85%
· Day of the hire before arrival of the vehicle, single hire 85%, more than one hire a minimum of 85%
· At or after the arrival of the vehicle at departure point will incur 100% charge of the hire for single and more than one hire.
12.1.3 The cost of accommodation, meals and theatre tickets already purchased by the Company at the request of the hirer, will be charged to the hirer at full rate, plus any administration charges incurred by the Company.
12.1.4 Cancellation due to inclement weather conditions will be charged as above.
12.2 Cancellation by Company
12.2.1 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.
13 Passengers Property
13.1 All vehicles hired by the Company are subject to restrictions on carrying luggage for statutory safety reasons.
13.2 The hirer accepts that the driver shall be the sole judge as to whether and to what extent passengers property is carried.
13.3 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.
13.4 The Company accepts any personal property of the hirer and their passenger on the understanding that it will take all reasonable steps to avoid loss or damage.
13.5 The hirer should notify the Company or the driver if items of exceptional value are to be carried on the vehicle.
13.6 It is the hirers responsibility to minimise risk of loss when property is left unattended.
13.7 The Companys liability for loss and damage to property, however caused, is limited to £500 per bag, case or package with an overall limit of £1000 (overall claim value) maximum per passenger.
13.8 It is the responsibility of the hirer to ensure that items over this value are insured separately for loss and damage.
13.9 The Company does not accept liability for loss and/or damage to property, personal items or luggage left on any of its vehicles whilst unattended.
13.10 All articles of lost property recovered from the vehicle will be held at the Companys 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 Legislation on request.
14 Conduct of Passengers
14.1 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.
14.2 These regulations set out certain rights and responsibilities on all parties, and full details of these can be obtained from the Company on request.
14.3 The hirer is responsible for any damage caused to the vehicle by any passenger for the duration of the hire.
14.4 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 1985, (as amended) 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.
15.1 Once confirmation is issued to the hirer, provided 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 Government of the UK and of other countries to be visited during the journey, road tolls, and foreign currency.
15.2 No surcharges will be levied within 30 days of departure.
15.3 On notification of such charges, the hirer may cancel the booking subject to the scale of cancellation charges shown in section 12.
15.4 The liability of the Company will be limited to the cost of the hire and any ancillary services supplied.
16 Vehicle to be provided
16.1 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.
16.2 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 at least equivalent quality.
17.1 In the event of complaint about the Companys services, the hirer should endeavour to seek a solution at the time by seeking assistance from the driver or from the Company.
17.2 If this has not provided a remedy, complaints should be submitted in writing and within 14 days of occurrence Addressed to the General Manager.
17.3 The Company will acknowledge all complaints no later than the next working day after being received and will normally reply fully within 28 days.
17.4 Full Complaint Procedure can be obtained from the Company on request.
18 Legal Requirements at Sporting Events
18.1 Carriage of passengers to designated Sporting Events Voluntary Guidelines - England and Wales
For many years the coach industry has complied with a voluntary code of practice whereby operators taking passengers to a designated sporting event meet certain guidelines set by the police. This has worked very well, and it has seldom been necessary for a traffic commissioner to take any further action against an operator who has contravened the guidelines. Nevertheless, the police in England and Wales are concerned that incidents of football related violence and disorder do still occur, and have asked the commissioners to revise the guidelines. This has been done in conjunction with the Confederation of Passenger Transport (CPT), the Crown Prosecution Service (CPS), the Coach Operators Federation (COF) and the Association of Transport Coordinating Officers (ATCO). The relevant sections of the legislation are set out below:
PSV operators are obliged to conform with the terms of section 1(1) of the Sporting Events (Control of Alcohol) Act 1985, as amended by the Public Order Act 1986, which prohibits the carriage of alcohol on a PSV that is being used for the principal purpose of carrying passengers for the whole or part of a journey to or from a designated sporting event.
PSV operators are obliged to conform to the terms of section 2A of the Sporting Events (Control of Alcohol) Act 1985, as amended by the Public Order Act 1986, which prohibits the possession of a firework or an article or substance, whose main purpose is the emission of a flare, smoke or a visible gas, at any time during the period of, while entering or trying to enter a designated sporting event.
A designated sporting event generally means any association football match, whether national or international. The full legal definition of the different classes of designated sporting events may be found in the Sports Grounds and Sporting Events (Designation) (Amendment) Order 2011, under Article 2(1) and 2(2) of Schedule 2.
18.2 It is an offence for an operator of a PSV (or his servant or agent) to knowingly cause or permit the carriage of alcohol on journeys to which these Regulations apply.
18.3 In addition to these statutory provisions, operators are advised to comply with the following guidelines when conveying passengers to such sporting events:
a. Coach operators taking bookings from groups of supporters are to notify the police liaison officer at the destination, at least 48 hours before the event, of the number of supporters expected to travel, the number of coaches booked, the name and the contact number for the person who made the booking. Once available the operator must also notify the VRM and coach drivers name to the local police liaison officer.
b. Coaches are not to stop within 10 miles of the venue either en route to or on departure from the event unless prior agreement is obtained from the local police liaison officer.
c. Unless directed by a police officer, coaches may stop at premises where intoxicating liquor is sold only if it is sold ancillary to a substantial meal. Prior agreement for meal stops where alcohol is available should be sought from the operators local police liaison officer.
d. Coaches are to arrive at the venue no earlier than two hours before and not later than one hour before the scheduled start of the game, unless otherwise directed by police.
e. Coaches are not to set down or uplift passengers at any unauthorised locations without prior permission of the police.
f. Coaches must leave the venue within 30 minutes of the finish of the event, unless directed otherwise by a police officer or ground safety officer.
g. Intoxicating liquor, flares and similar pyrotechnics, must not be carried on coaches travelling to or from designated grounds. Operators will draw hirers attention to the requirements of the law, and drivers shall, as far as reasonably practical, supervise boarding passengers and check that they are not obviously carrying intoxicating.
h. Coach operators are to notify the police liaison officer at the destination upon arrival at an away football ground, of any racist, homophobic or similar chanting, which had taken place during the journey to the ground.
i. Operators are expected to comply with these guidelines on a voluntary basis. However if the police inform the Traffic Commissioner of any failure on an operators part to comply with them the Commissioner will be likely to apply them as a formal condition to that operators licence under the authority of Section 16(3) of the Public Passenger Vehicles Act.
19.1 Normally, written confirmation by the Company is the only basis for the acceptance of hiring or for a subsequent alteration to its terms.