Terms and Conditions
These conditions apply whether a contract has been made verbally or in writing.
The Hirer contracts with Esk Valley Coaches Ltd (“the Company”) upon behalf of the Hirer and as an agent for all passengers traveling upon the vehicle. The Hirer expressly warrants that he/she has the full authority of all passengers to enter into this contract upon their behalf and to accept these Terms and Conditions of Private 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 these Terms and Conditions of Private Hire because of any lack of authority upon the part of the Hirer to enter into this contract.
Quotations are based on 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 as part of the Private Hire Confirmation Letter.
All quotations are given subject to the Company having available a vehicle suiting the Hirer’s requirements at the time of acceptance of the quotation.
Quotations are valid for 28 days from issue unless some other period is specified.
Unless otherwise stated admission charges, meals, accommodation and coach parking charges are not included in the quoted price.
Use of the Vehicle
Unless confirmed in writing by the Company the vehicle should not be assumed to remain at any point between the outward and return journeys nor to remain available for the Hirer’s incidental use when parked at such points.
Driver’s Hours and Rest Period Regulations
The Hirer should be aware that hours of the operation for the vehicle driver are stringently regulated by law. All arrival and departure times agreed with the Company for the hire must be strictly observed (other than in the case of serious emergency or diversion) in order such regulations governing drivers hours and rest periods can be fully complied with. The Company shall reserve the right to curtail or otherwise alter any hire which does not comply with the relevant regulations
The Hirer must not load any vehicle beyond the number of passengers which it is legally permitted to carry.
Conveyance of Animals
No animals (other than Guide Dogs notified to the Company in advance) may be carried on any vehicle without prior written agreement of the Company.
The Prior Hire Confirmation issued by the Company constitutes the only basis for the acceptance of a hiring or for any subsequent amendment to original terms.
A deposit is not required on booking. What we do request though is that the full payment of the hire is to be paid 14 days prior to travel. unless the Company has agreed in writing to a variation of this condition. When booking a vehicle with us you are agreeing to us sharing your information with a 3rd party to retrieve any monies owing in the event of none payment. The Company reserves the right to add interest at a rate of 2% above the Bank of England lending rate per calendar month on overdue payments.
Cancellation by Hirer
Should the Hirer wish to cancel the contract prior to the date of departure, the following scale of termination charges shall be applicable:
Cancellation 10 days or more before departure date – no charge
Cancellation 6-9 days before departure date – 10% of hire charge
Cancellation 3-5 days before departure date – 25% of hire charge
Cancellation 1-2 days before date of departure – 50% of hire charge
Cancellation on Day of hire – 75% of hire charge
Cancellation upon arrival of coach at departure point – a charge will be made based on time and mileage involved, subject to a minimum of 85% of the hire charge
Cancellation after departure – 100% of hire charge
Accommodation, Meals, Theatre Tickets etc – the Hirer will be charged by the Company such sum as the Company has to pay for the services.
Cancellation due to inclement weather conditions will be charged as above.
Theatre tickets once purchased are not refundable and must be paid for in full.
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
Route and Time Variation
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 commensurate with the additional costs incurred.
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 passengers who fails to join a vehicle at the appointed time.
Vehicle to be Provided
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 agreed hire charge.
The Company reserve 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 similar quality.
Equipment within vehicles (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.
Breakdown and Delays
The Company provides advice on journey times in good faith and does not guarantee the completion of any journey in any specific time and will not be liable for any loss or inconvenience caused by the actual journey time.
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 an Agent for and on behalf of the Hirer. Any terms and conditions imposed by such other suppliers through the Company shall be binding on the Hirer as if such services had been contracted directly.
All vehicles provided by the Company are subject to carrying capacity restrictions 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.
The Hirer agrees that in agreeing to allow carriage of passengers luggage or effects, the Hirer does not carry the same as bailee but such luggage or effects remain at the sole risk of the passenger concerned and the Company shall not be liable for any loss or damage of such baggage or effects whatsoever nature and howsoever caused including negligence.
Should, notwithstanding the above, it be held by any Court of Law that the Company becomes a bailee of the luggage and effects then the Company’s liability for loss and damage of whatsoever nature and howsoever caused including negligence shall be limited to the sum of £50.00 per bag, case or package.
The company does not accept liability for any damage to or loss of any property left upon the vehicle by a passenger whether or not with the knowledge or the Company, its servants or agents. All articles of lost property recovered from the vehicle will be held of the Company’s depot at which the vehicle is based and is subject to the Public Service Vehicles (Lost Property) Regulations 1987 (S.1978 No 1684) and the Public Service Vehicles (Lost Property) (Amendment) Regulations 1981 (S.I. 1981 No. 1632).
Conduct of Passengers
The driver is responsible for the safety of the vehicle. Any passenger whose conduct is considered to be in breach of statutory regulations ma, on the drivers authority, be removed from the vehicle or prevented from boarding. The Hirer will be responsible for the conduct of passengers and for any damage caused to the vehicle by passengers during the hire.
Where appropriate, the Hirer should acquaint themselves with the Sporting Events (Control of Alcohol) Act 1985 and current conditions of entry to race courses as laid down by the Race Course Association Ltd.
Any complaints in respect of the Company’s services should be made in writing to the Company’s office within 7 days of the hire date.
No bill, poster or notice to be displayed on any vehicle without the written consent of the Company.
Refreshments and Alcoholic Drinks
Other than on a vehicle fitted expressly for the purpose, food (except confectionery) and drink (including alcoholic beverages) may not be consumed on the vehicle without the prior written content of the Company.
The quotation given is based on operating costs at the date of quotation and when more than 28 days elapse between the date of the quotation and the date of departure, the COmpany reserve the right to pass on to the Hirer any increase in the cost of fuel or other increased costs resulting from Government action or other factors beyond the Company’s control.
This Contract is governed by English Law
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