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Conditions of Private Hire |
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THESE CONDITIONS DO NOT APPLY TO TRANSPORT PROVIDED AS PART OF A PACKAGE
(AS DEFINED BY THE PACKAGE TRAVEL, PACKAGE HOLIDAYS AND PACKAGE TOUR
REGULATIONS 1992) ORGANISED BY THE OPERATOR. |
1. Application
These conditions apply whether a contract has been made verbally or
in writing.
The hirer acts on behalf of all the passengers traveling 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. |
3. Use of the Vehicle
The hirer cannot assume the use of the vehicle between outward and
return journeys, nor that it ill remain at the destination for the
hirer’s use unless this has been agreed with the company in advance. |
4. 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 liability for any
losses incurred by passengers who fail to follow instructions given
by the hirer. |
5. 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. |
6. 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. |
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 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 [insert
chosen bank here] Bank, calculated on a daily basis, from the date
by which payment should have been made. |
10. 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 |
| |
Single vehicle
|
More than one
vehicle |
| 10 days or
more |
None
|
50% of hire |
| 6-9 days 1 |
0% of hire |
60% of
hire |
| 3-5 days
|
25% of hire
|
70% of hire |
| 1-2 days
|
50% of hire |
85% of
hire |
Day of hire
before arrival
of coach at departure
point
|
Minimum 85% of
hire |
Minimum
85% of hire |
At or after
arrival of coach
at departure point
|
100% of hire
|
100% of hire |
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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 charged as
above.
d. Theatre tickets* once purchased are not returnable and must be
paid in full.
(* or other such ancillary service) |
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 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. |
13. 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. |
14. 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. |
15. 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. |
16. Passengers’ Property
a. All vehicles hired by the company are subject to restrictions on
carrying luggage for statutory safety reasons. The hirer accepts
that the driver shall be the sole judge as to whether and to what
extent passengers’ property is carried. Large bulky items may not be
able to be carried, and the hirer should take all steps to notify
the company in advance of such requirements.
b. The company accepts any personal property of the hirer and their
passengers on the understanding that it will take all reasonable
steps to avoid loss or damage. The hirer should notify the company
or the driver if items of exceptional value are to be carried on the
vehicle. It is the hirer’s responsibility to minimise risk of loss
when property is left unattended.
c. The Company’s liability for loss and damage to property, however
caused, is limited to £500 per bag, case or package with an overall
limit of £1000 (overall claim value) maximum per passenger. It is
the responsibility of the hirer to ensure that items over this value
are insured separately for loss and damage.
d. The limits in this section do not apply to personal injury
claims.
e. All articles of lost property recovered from the vehicle will be
held at the company’s premises where the vehicle is based, and will
be subject to the current Public Service Vehicle (Lost Property)
Regulations. The company will provide details of this legislation on
request. |
17. Conduct of Passengers
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 1985, (as amended) 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. |
18. 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. The company will
acknowledge all complaints within 14 days and will normally reply
fully within 28 days. |
19. Notices
No bill, poster or notice is to be displayed on any vehicle without
the written consent of the company. |
20. 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. |
21. 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. |
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Author: Operations
Version: 2
Revised: October 2007 |