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Britannia
Coaches
Terms And Condition
of Hire
1.
Application
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
Quotations
are given on the basis of the 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 unless otherwise notified. 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.
3.
Use of the Vehicle
The
hirer cannot assume the use of the vehicle between outward and return
journeys, nor that it will 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 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.
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 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. The calculation of any additional costs will be as in condition
4.
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.
9.
Confirmation
Normally,
written confirmation by the company is the only basis for the acceptance
of a hiring or for a subsequent alteration to its terms.
10.
Payment
a.
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.
b.
The Company has the facility to accept credit/debit cards as a method
of payment. You may also be requested to provide details of a credit/debit
card for the purpose of securing a deposit to insure payment for any damage
/ spillages caused during the period of hire. The cost of rectifying such
damage / spillages may be charged to your card after the period of hire.
11.
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.
|
Notice
Given |
Charge |
|
10
days or more |
None |
|
6-9
days |
10%
of hire
|
|
3-5
days |
25%
of hire
|
|
1-2
days |
50%
of hire
|
|
Day
of hire before arrival of coach at departure point
|
Minimum
85% of hire
|
|
At
or after 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)
12.
Cancellation by the Company
In the event of any administrational 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
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 at least equivalent quality.
14.
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.
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 & the driver shall be the sole judge as to whether
& 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
a.
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.
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 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 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 companies vehicles. Any damage that occurs will be the responsibility
of the hirer. The hirer is the person, organisation or body who’s details
appear on the original booking. The company will hold the hirer responsible
for the cost of rectifying the damage and reserves the right to charge
the cost of such repairs. The Company may require credit card details
or a cash deposit to be provided at the time of booking for the purpose
of providing a guarantee of payment of for any damage caused to the vehicle
during the duration of hire. A minimum charge of £75.00 will be made to
the hirer to cover the cost of cleaning sick or spillages etc.
20.
Complaints
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 termination date
of the hire.
21.
Notices
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.
23.
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 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. |