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
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.
11. Cancellation by Hirer
Any cancellation must be notified to the company in writing.
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 will 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
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
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