NASH’S COACHES LIMITED
TERMS & CONDITIONS OF HIRE

These are the conditions of hire of Nash Coaches Ltd, (hereinafter called “the company”). They form the basis of the contract under which the company agrees to hire its vehicles to the customer (hereinafter called “the hirer”).

The definition of “private hire” is where the hirer has the exclusive use of a company vehicle for hire.

These conditions apply whether a contract has been made verbally or in writing. The hirer acts on behalf of all passengers travelling on 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 passengers on board including any additional costs incurred in performing the contract, whether or not they actually travel with the party. The company will only accept instructions from the hirer. If the hirer is not travelling with the party, a representative must be chosen and the company informed prior to the date of hire. Otherwise, the hirer will be deemed to accept these conditions.

 

1. Breakdown and Delays

The company gives its advice on journey time in good faith. However, because 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.

 

2. Liability for Injury

The company will not accept any liability for damage, injury or loss for any passenger standing up or walking around the vehicle whilst in motion.

 

3. Use of the Vehicle

The hirer cannot assume the use of the vehicle between outward and return journeys, nor that will it remain at the destination of the hirer’s use unless this has been agreed with the company in advance at booking confirmation.

 

4. Supplying Coaches with Additional Seating Capacity

The company reserves the right to supply a larger coach than that ordered for any journey and in this event no additional charge shall be made to the hirer unless the additional seating capacity is utilised. If you must have the size of vehicle you requested, please let us know at the time of booking as this may affect your quote.

The company will, at the time of booking, agree and specify the legal seating capacity of the vehicle. The hirer must not load the vehicle beyond this capacity.

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 substitutes being of at least equivalent quality.

The company does not accept any responsibility for any child to teacher/adult ratio responsibilities and is solely the responsibility of the hirer.

 

5. The Use of Other Operators Vehicles

The company reserves the right to substitute other operators’ vehicles in place of its own for any journey or part thereof.

 

6. Passenger Capacity and Seat Belts

No passenger may be carried in excess of the seating capacity of the vehicle and passengers must wear the seat belts provided at all times.

 

7. Payment Terms

Non-Account Hirers:

The deposit for hires is £100 per vehicle per day payable at booking confirmation. The balance of the hire charge is payable 10 days prior to the date of travel unless other payment terms are agreed as stated overleaf. The company reserves the right to decline to execute any work when the foregoing condition has not been adhered to, in which case the deposit becomes forfeitable by the hirer to the company.

Account Hirers:

Credit accounts can be provided to none individual hirers such as businesses, schools, institutions and charities subject to completion of a valid application form and successful credit check and application.

Credit accounts are assessed on a case-by-case basis and are monitored for good standing.

All applications for a credit account will be advised if successful and will receive a confirmation email confirming the terms of the account.

 

8. Driver’s hour’s regulations

The hours of operation for the driver are regulated by UK law and the hirer accepts the responsibility of ensuring the hirer 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 hirer will be responsible for additional costs.

 

9. Conduct of Passengers

• The driver is responsible for the safety of the vehicle at all times and as such may remove any passenger(s) 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.
• 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 1995, (as amended) and the conditions of entry to racecourses as laid down by the Racecourse Association Ltd. The company will provide details of these restrictions on request.
• The consumption and or carrying of alcohol in the passenger compartment of company vehicles is strictly forbidden unless permission has been obtained from the company.

 

10. Cancellation by The Hirer

• For Cancellation more than 10 days prior to the first day of the hire – the cancellation charge to the hirer is loss of £100.00 per vehicle per day.
• For Cancellation less than 10 days prior to the first day of the hire – the cancellation charge to the hirer is 100% of the total hire charge.
• Upon cancellation the hirer will also be liable to pay for any additional items or services that have been bought and paid for on behalf of the hirer in advance of the hire. For example, ferry services, theatre tickets, meals, parking permits, accommodation and guide services etc.
• Every effort will be made by the company to reduce this liability however all non-retrievable charges will be the responsibility of the hirer.
• Cancellation due to inclement weather conditions will also incur the same cancellation terms.

 

11. Cancellation by the company

In the event of any emergency, riot, civil commotion, strike, lock out, stoppage, restraint of labour or occurrence 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 liability, cancel the contract.

 

12. Returnable Additional Deposits

The company reserves the right to insist upon a returnable additional deposit being provided by the hirer in addition to the hire charge. This deposit will be returned to the hirer following completion of the hire provided that nonadditional expenses or damage were incurred by the company which were a direct result of the hirers, or passenger actions.

 

13. Additional Charges

The company reserve the right to impose additional charges on the hirer following completion of the hire if the passengers have left the vehicle in an unreasonably untidy condition, there has been any damage requiring additional time or mileage which was not included for in the original booking.

 

14. Route/time variation

The company reserves the right to levy additional charges for additional mileage/time in excess of that specified on the confirmation. The charges will be pro rata and in accordance with the formula used for the original 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 accepts no liability for any losses incurred by passengers who fail to follow details shown on the confirmation. If the hirer requires any variation to the route or timings as previously agreed they should seek advice from the depot, as drivers are not held responsible for communicating amendments.

 

15. Breakdown and delays

The company gives its advice on journey time in good faith. However, as a result of breakdown, 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.

 

16. Agency arrangements

Where the company hires-in vehicles at the request of the hirer or 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 an agent for the hirer. Terms and conditions imposed by other suppliers through the company shall, insofar as they are supplied to the hirer, be binding on the hirer as if he has directly contracted such services and the hirer shall indemnify the company against any loss, claim, damage or award in respect of a breach of supplier’s terms and conditions brought about by the hirer’s action.

 

17. 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) may be required to comply with the provisions of those regulations. The hirer accepts responsibility for ensuring 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.

 

18. No smoking policy

Hirers should note that this company operates a policy of no smoking on all company vehicles. This policy will be strictly enforced. All hirers are responsible for bringing this to the attention of all passengers who travel on the coach.

 

19. Airport or Ferry Transfers

On collecting passengers from airports, ferry ports, etc., the coach will wait for one hour after the prearranged collection time free of charge. After that additional waiting time will be charged at the discretion of the company. The company reserves the right to alter collection times based on the flight/ferry arrival times.

 

20. Passengers’ Property and Lost Property

• All vehicles hired by the company are subject to restrictions on carrying luggage for statutory safety reasons. Large bulky items may not be able to be carried and the hirer should take all steps to notify the company in advance of the hire of such requirements.
• 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 prior to booking. It is the hirer’s responsibility to minimise risk of loss when property is left unattended.
• The company will not be responsible for any damage to, or loss of, personal property left in vehicles, howsoever caused.

All articles of lost property recovered from the vehicle will be held at the company’s premises and will be subject to the current Public Service Vehicle (Lost Property) Regulations. The company will provide details of this legislation on request.

• The company’s liability for loss or damage, however caused is limited to £500 per bag/case or package and 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. The limits in this section do not apply to personal injury claims.

 

21. Quotations

Given on the basis of the quickest route and on the information provided by the hirer. The route used will be at the discretion of the company unless; 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 given for coach and driver only.

Efforts will be made to identify additional charges prior to travel; however, it is the hirers responsibility for additional costs unless otherwise specified on the confirmation.

All quotations are valid for a period of 30 days from quotation date.

 

22. Acceptance of Our Quotation

Signing and returning the quotation acceptance implies acceptance of our terms and conditions but does not accept liability from either party until the company sends a booking confirmation to the hirer.

 

23. Confirmation of Booking

The company will issue a written confirmation of booking and this is the only acceptance of hire or for any alteration to bookings.

When confirmation of booking is sent it is the responsibility of the hirer to check all details are correct and any alterations after this may be chargeable.

 

24. 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 by calling our support staff on 0121 558 0024. If this has not provided a remedy, complaints should be submitted in writing and within 14 days of the end of the hire. The company shall reply to any complaints within 48 hours of receipt of same. Please contact our Transport Manager by calling 0121 558 0024 or by emailing us at; info@nashcoaches.co.uk.

No additional costs to the hirer will be reimbursed unless prior agreement is granted by the company. Except in respect of death or personal injury caused by the company’s negligence or as expressly provided in these terms. The company shall not be liable to the hirer by reason of any representation (unless fraudulent) or any implied warranty, condition, or other term, or any duty at common law, or under the express terms of the contract, or any loss of profit for any indirect, special or consequential loss, damage, cost, expenses or other claims (whether caused by the negligence of the company, its servants or agents or otherwise) which arise out of or in connection with the provisions of the contract (including any delay in providing or failure to provide the specified service) and the entire liability of the company under or in connection with the contract shall not exceed the amount of the company’s charges for the provision of the services under the contract, except as expressly provided in these terms.

 

25. The Implications of Brexit

Following the UK’s exit from the European Union on Friday 29th March 2019, this action may result in increased disruption to travel in Europe and/or it may affect and increase our costs of operating private coach hires outside the UK. Therefore If, where and when this occurs, we must reserve the right to increase coach hire rates that were agreed prior to the above date, in accordance with our increased costs; or indeed decline hires if satisfactory travel arrangements and regulations for passengers are not clearly in place.

 

26. Price Adjustment Clause

Pricing adjustment events. The company reserves the right to review and charge new pricing of confirmed hires if the company can reasonably demonstrate market driven material cost fluctuations such as, but not limited to, fuel or national minimum wage despite the companies’ reasonable efforts to reduce or eliminate such price fluctuations (each, a “Pricing adjustment event”)

Upon such request by the company, the company shall promptly deliver to the hirer such documentation as reasonably required by the hirer, consistent with best practice, to verify and purported cost increase related to the particular pricing adjustment event.

Within 3 working days of such a request and the parties’ receipt of reasonably sufficient verification demonstrating an actual associated price increase has been incurred in respect of the particular Pricing Adjustment Event, the parties shall in good faith review the impact of such unforeseen circumstances and if appropriate, agree on updated pricing solely to reflect the allocation of any agreed upon price increases resulting directly from the particular Pricing Adjustment Event, which shall be implemented on the date agreed by the parties.

On the day any new pricing is implemented, the company will, to reflect the new agreed pricing, invoice or credit the hirer for such adjustment, as applicable.

 

 

 

27. 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 from the company.

 

28. Notices

No bill, poster or notice is to be displayed on any vehicle without written consent of the company.

 

29. Refreshments and alcoholic drinks

Other than on a vehicle fitted expressly for that purpose, food and drink may not be consumed on the vehicle without prior consent from the company.

 

30. Surcharges

Once a confirmation has been issued to the hirer, providing there are 30 days prior to 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 cancellation charges shown in paragraph 10. The liability of the company will be limited to the cost of the hire.