The following are the terms and conditions of Private Hire
from our company:
1.) Applications: These conditions apply whether a
contract is made verbally or in writing. The Hirer contracts
the Company upon behalf of the Hirer
and as an agent for all passengers travelling on the vehicle. Hirer warrants that he has full
authority of passengers to enter into this contract on their
behalf and to accept these Conditions of Hire. The Hirer shall
indemnify the Company against
any loss claim, damage, award or settlement which may be made
against the Company in excess of the exclusions and limitations
of liability contained in the Conditions of Hire
as a consequence of any lack of
authority upon the part of the Hirer to enter into this
contract.
2.)
Quotations: (a) Quotations are given on the
basis of the most direct route and on the information given by
the Hirer. The route used will be at the discretion of the
Company unless the Hirer has requested a particular route, which will be
specified in the Confirmation Letter. (b) All quotations are
given subject to the Company having available a vehicle suiting
the Hirer's requirements at the
time of acceptance of this quotation. (c) Quotations are valid
for 28 days from issue unless some other period is specified.
(d) Unless otherwise stated admission charges, meals,
accommodation are not included in the price
and the Hirer agrees to pay for these, however coach
parking charges are included in the quoted price unless
otherwise stated. (e) Contracts made in England will be
governed by English law.
3.) Use of
Vehicle: Unless confirmed in writing by the
Company, the vehicle should not be assumed to remain at any
point between the outward and return journey nor to remain
available for the Hirer's incidental
use when parked at such points.
4.) Route and Time
Variation: (a) Should a vehicle be detained
by the Hirer or taken on a longer journey than that contracted
for, the Company reserves the right to make an additional
charge pro rata to the price. (b) The
vehicle will depart at times agreed with the Hirer and the
Company will not be liable for any loss or injury sustained by
any passenger who fails to join a vehicle at the appointed time.
5.) Drivers Hours and
Rest Period Regulations: The hours agreed
with the Operator for the operation of any hire must be
strictly observed (other than in the case of serious emergency
or diversion) so that
regulations governing driver's hours and rest periods can be
complied with. The Operator reserves the right to curtail or
otherwise alter any hire which does not comply with the relevant regulations. Neither the Hirer
or any passenger shall delay the departure of a vehicle or
otherwise interrupt the journey so putting the driver at risk
of breaching the regulations
relating to driver's hours or work and duty. The Hirer shall
indemnify the Company against any extra expenses or charges
which the Company may incur including, but not limited
to the cost of providing a replacement
driver.
6.) Seating Capacity:
The Hirer must not load any vehicle beyond the number of
passengers which it is legally permitted to carry.
7.) 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.
8.)
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.
9.)
Payment: Any deposit requested must be paid
by the time stated, and payment in full must be made before the
start of the hire unless the Company has agreed in writing to a
variation in this condition. The
Company reserves the right to add interest at a rate of 2%
compound interest per calendar month, after the date by which
payment should be made.
10.) Cancellation by
Hirer: (a) Should the Hirer wish to cancel
any arrangement, the following time scale of charges shall
apply in relation to the total hire 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: 75% of hire,
Arrival of coach (based on time and mileage)
at departure point: Minimum of 85%, After departure:
100% (b) The cost of accommodation,
meals, and theatre tickets which have already been purchased by
the Company at the request of the Hire, will be charged to the
Hirer plus any administration charges. (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.
11.) Cancellation by the
Company: In the event of any emergency, not
civil commotion, strike, lock out, stoppage, or restraint of
labour or on the happening of an 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 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 extra seats are used. If extra seats
are used an additional charge will be
made pro rata to the hire charge. (b) The company reserves the
right to substitute other vehicles (including those of other
operators) or ancillary facilities for all or part of the hiring subject to such substitutes being of
at least the equivalent quality. (c) Equipment within the
coaches (including radios, audio & video cassette players,
microphone and public address
systems; beverage facilities and toilet facilities) is provided
at the discretion of the Company unless the quotation specifies
that any such facilities will be available. Whilst every
endeavour will be made to comply with the
Hirerâ¬"s subsequent requests, the Company cannot
guarantee to meet any such requests.
13.) Breakdowns and
Delays: The Company gives its advice on
journey times in good faith. However in the event of breakdown
or traffic congestion, 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
customer as a result.
14.) Agency
Arrangements: Where the Company hires-in
vehicles from other operators at the request of the Hirer and
where the Operator arranges ancillary facilities such as
meals, accommodation, ferries and
admission tickets or any other services supplied by another
supplier it does so as Agent for and on behalf of the Hirer.
Any terms and conditions imposed by other such 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
loss, damage, award or settlement which may be made against the
Company in a breach of such supplierâ¬"s terms and
conditions brought about by the Hirer's action.
15.) Package Travel Regulations: The
Hirer warrants that he does not, otherwise than occasionally
organise packages and sell or offer them for sale whether
directly through a retailer and that the cost of the Services provided by the Company
is lower than that which would have been charged were that the
case. The Company accepts no liability for any loss or damage
suffered or costs incurred by
the Hirer whatsoever and howsoever caused including, whether
caused by the Company being in breach of these conditions, or
by the Company's negligence, as a result of the Hirer accepting that he is or being held to be an
organiser or retailer as defined in the Package Travel, Package
Holidays & Package Tours Regulations 1992 (the regulation),
and the Hirer shall indemnify the
Company against any loss, claim damage award or settlement
which may be made against the Company as a result of the
Company incurring any liability whether directly or indirectly under the Regulations as a
result of the Hirer accepting that he is or being held to be an
organiser or retailer as defined in the Regulations.
16.) Passengers Property: (a) All
vehicles hired out by the Operator are subject to restrictions
in their carrying capacity as imposed by statute. The Hirer
accepts that the driver shall be sole judge as to whether and to what extent passengers
luggage and effects can be carried. (b) The Company's liability
for loss and damage of whatsoever nature and howsoever caused
in respect of the passengers luggage
and effects including, negligence, shall be limited to the
value of the luggage or the sum of £50 per bag, case or
package, whichever sum shall be lower. If the Hirer
requires the Company to carry luggage,
packages or baggage the value of which exceeds £50 per
bag, case or package, then the Hirer shall inform the Company
of the value of the package and the
Company shall arrange for additional insurance to be taken out
in respect of the same the Hirer being liable for the cost of
the insurance. (c) All articles of lost property recovered
from the vehicle will be held at
the Company's depot at which the vehicle is based and will be
subject to the current Public Service Vehicle (Lost Property)
Regulations.
17.) Conduct of Passengers: (a) The
driver is responsible for the safety of the vehicle. Any
passenger whose conduct is in breach of statutory regulations
may be removed from the vehicle or prevented from boarding on the driver's authority.
The Hirer will be responsible for the conduct of passengers and
for any damage caused to the vehicle by passengers during the
hire. The Public Service
Vehicle (Conduct of Driver's, Inspectors, Couriers and
Passengers) Regulations 1990 apply. (b) Where appropriate
Hirers should acquaint themselves with the Sporting
Events (Control of Alcohol) Act 1985
and Criminal Justice (Scotland) Act in addition to the current
conditions of entry to race courses as laid down by the Race
Course Associations Ltd.
18.) Complaints: Any
complaints in respect of the Company's services should be made
in writing to the Company's office within 14 days.
19.) Notices: No bill,
poster, or notice 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.
21.) Surcharges: The
quotation given is based on the operating costs at the date of
the quotation and when more than 30 days elapse between the
date of the quotation and the date of departure the Company reserves the right to pass on to the
Hirer increases in the cost of fuel or other increased costs
resulting from Government action or other factors beyond the
Company's control. However, the first
2% of certain cost increases will not be passed onto the Hirer
in accordance with the Package Travel, Package Holidays and
Package Tours Regulations, 1992 where applicable.