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. The Hirer warrants that he has the full authority of all 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 whic 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.
Unless otherwise stated admission charges, meals, accommodation and coach parking charges are not included in the quoted price and the Hirer agrees to pay such charges.
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 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 nor 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 drivers’ hours or work and duty. The Hirer will 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 off passengers which it is legally permitted to carry.
7. Conveyance of animals
On a private hire, no animal (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.
Normally, written confirmation by the Company is the only basis for the acceptance of a hiring or for a subsequent alteration to its terms.
A £100 non-returnable deposit is due on receipt of this confirmation. Full payment is required ten (10) days prior to the date of hire unless the Company has agreed to a variation in this condition. The Company reserves the right to add interest at the 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 scale of charges shall apply in relation to the total hire charge, £100 minimum cancellation.
DAYS PRIOR TO CANCELLATION CHARGE
6-9 days 10% of hire
3-5 days 25% of hire
1-2 days 75% of hire
Arrival of coach at pick-up point Minimum of 85% of hire.
(b) 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, 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.
12. 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. 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 equivalent quality.
(c) Equipment within the coaches (including radios, audio and 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 Hirer’s subsequent requests, the Company cannot guarantee to meet any such requests.
13. Breakdown 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, 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, award or settlement which may be made against the Company in respect of a breach of such supplier’s terms and conditions brought about by the Hirer’s actions.
15. Passengers’ property
(a) All vehicles hired out by the Operator are subject to restrictions to their carrying capacity as imposed by statute. The Hirer accepts that the driver shall be the 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 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 the 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.
16. Conduct of passengers
(a) The driver is responsible for the safety of the vehicle. Any passenger whose conduct 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 Drivers, Inspectors, Conductors and Passengers) Regulations 1990 apply.
(b) Where appropriate Hirers shall 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 Association Ltd.
17. Damage / cleaning deposit
A refundable additional deposit of £100 may be required for certain bookings. This will be forfeit if the vehicle is left in an unacceptable condition, i.e any sickness, posession of alcohol, smoking, smoking excessive mess or damage to the vehicle or any part thereof.
Any complaints in respect of the Company’s services should be made in writing to the Company’s office within 14 days.
No bill, poster or notice to be displayed on any vehicle without the consent of the Company.
20. Refreshments, alcoholic drinks, and smoking
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 consent from the Company. Smoking is not permitted in any part of the Company’s vehicles. Bottled water is acceptable.
The quotation given is based on operating costs at the date of the quotation, and where 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 on to the Hirer in accordance with the Package Travel, Package Holidays and Package Tours Regulations, 1992 where applicable.
22. English or Scots Law
Contracts made in England, Wales or Northern Ireland will be governed by English Law. Contracts made in Scotland will be governed by Scots Law. All bookings by the Hirer are accepted by the Company subject to the foregoing conditions.