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.