CONDITIONS OF PRIVATE HIRE
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. 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.
Quotations are given on the basis of the most direct route. The route 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.
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 hirer’s 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 mileage or time other than that agreed. 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.
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 passengers 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.
6. Seating Capacity
The company will specify the legal seating capacity of the vehicle. The hirer must not load the vehicle beyond this capacity.
7. Conveyance of Animals
No animals (except guide or hearing dogs notified to the company in advance) may be carried 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 must be paid by the date stated and payment in full must be made prior to the hire unless otherwise agreed by the company. The company reserves the right to add 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 arrangements, the following scale of charges will apply in relation to the total hire charge.
|PERIOD OF NOTICE||COACH HIRE CANCELLATION CHARGE|
|28 or more days prior to hire||20% of hire charge|
|27 to 15 days prior to hire||45% of hire charge|
|14 days or less prior to hire||75% of hire charge|
|Day of hire||100% of hire charge|
b. The cost of accommodation, meals and tickets which have 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. Tickets once purchased are not returnable and must be paid for in full.c. Cancellation due to inclement weather conditions will be charged as above.
11. Cancellation by the company
In the event of any emergency, riot, civil commotion, strike, lockout, stoppage or restraint of labour or 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 return 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.b. The company reserves the right to substitute other vehicles of similar quality (including those of other operators) for all or part of the hiring.
13. Breakdown and Delays
The company gives 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 the company will not be liable for any loss 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 shall be binding on the hirer.
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 carried.
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 hirer’s 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.
d. Lost property will be held at the company’s premises and is subject to the Public Service Vehicle (lost property) Regulations.
17. Conduct of passengers
a. The on-board staff are responsible for the safety of the vehicle at all times and 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. The hirer is responsible for any damage caused to the vehicle by any passenger for the duration of the hire.
b. 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, and the conditions of entry to racecourses as laid down by the Race Course Association Ltd.
In the event of a complaint, the hirer should seek a solution at the time by asking for assistance from the on-board staff or from the company. If this has not provided a remedy, complaints should be submitted in writing within 14 days of the termination of the hire.
No bill, poster or notice is to be displayed on any vehicle without the consent of the company.
20. Refreshments and Alcoholic Drinks
Only food & beverages provided by the company may be consumed on the vehicle without prior written consent from the company.
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.