NASH’S COACHES LIMITED
TERMS & CONDITIONS OF HIRE
These conditions have been prepared by the Confederation of Passenger Transport (UK) and apply to private hire transport, not operating as a package, as defined by the Package Travel, Package Holidays and Package Tour Regulations 1992. This version of the terms has been revised in order to take account of issues raised by the Office of Fair Trading.
1. Application – 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.
2. 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. 3. Use of vehicle – The hirer cannot assume vehicle use between outward and return journeys, nor to remain at the destination unless otherwise agreed with the company in advance and shown on the confirmation.
4. 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.
5. Driver’s 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 passengers shall delay or otherwise interrupt the journey in such a way that the driver is at risk of breaching these regulations. If any breach is likely to occur, unless outside control of the hirer, the hirer will be responsible for additional costs as shown in condition 4.
6. Seating capacity – 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.
7. 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.
8. Confirmation – Written confirmation by the company is the only basis for acceptance of hire or for any subsequent alteration to the terms.
9. Payment – Deposit must be paid by the stated date.
10. Cancellation by hirer – The following scale of charges will apply in relation to the total hire charge. The cost of accommodation, meals, theatre tickets and other such ancillary services, already purchased by the company at the request of the hirer, will be charged to the hirer, plus any administration charges incurred by the company. Cancellation due to inclement weather conditions will also be charged as below:
|Single Vehicle Charge
|More than 1 Vehicle Charge
|10 full days or more
|10% of hire or deposit
|50% of hire
|6-9 days inclusive
|15% of hire
|60% of hire
|3-5 days inclusive
|25% of hire
|70% of hire
|1-2 days inclusive
|85% of hire
|85% of hire
|Within 24 hours of dpearture
|100% of hire
|100% of hire
|At or after arrival of coach
|100% of hire
|100% of hire
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. 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. 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.
13. 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.
14. 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.
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) 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.
16. Passenger property – The company takes no responsibility for passenger property left on vehicles during or on completion of hire. All company vehicles are subject to restrictions on carrying luggage for statutory safety reasons. The hirer accepts that the driver shall be the sole judge as to what and whether passenger’s 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. The company accepts any personal property of the hirer and their passengers on the understanding that the hirer will take 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 if property is left unattended. 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. All articles of lost property recovered from the vehicle will be held at the company 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 – The driver is responsible for the safety of the vehicle at all times, and as such may remove any passengers whose behaviour prejudices safety or is in breach of Public Service Vehicle Regulations 1990. These regulations set out certain rights and responsibilities on all parties: full details of these are available upon request. The hirer is responsible for any damage caused to the vehicle by passengers for the duration of the hire. Where the hire is to be a sporting event, the hirer should be aware of the legal requirements relating to alcohol, contained in the Sporting Events (Alcohol Control) Act 1995, 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 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 hire. 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.
19. Notices – No bill, poster or notice is to be displayed on any vehicle without 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 may not be consumed on the vehicle without prior consent from Nash’s Coaches Limited.
21. 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.