Private Hire Terms & Conditions
Conditions of Hire
These conditions apply whether or not a contract of carriage has been entered into as a result of a quotation being offered and accepted or whether a contract has been made verbally or in writing.
Quotations are made subject to a vehicle suiting the hirer’s requirements being available at the time of acceptance. Quotations are based on costs prevailing at the time and in accordance with details provided by the hirer. Quotations are based on payment being made in cash or cleared funds before the start of the hire. Unless otherwise stated admission charges, meals, accommodation and parking charges for special events are not included in the quoted price. Quotations are valid for 28 days subject to ongoing availability, unless otherwise notified.
3 Use of vehicle
Unless confirmed in writing by the operator the vehicle should not be assumed to remain at any point between the outward and return journeys, or to remain available for the hirer’s incidental use when parked at such points. The operator’s vehicles may on no account be sub-let, lent or licensed by the hirer, without the prior written consent of the operator.
4 Driver’s hours and rest periods
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 current regulations governing drivers’ 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.
5 Seating capacity
The hirer must not load any vehicle beyond the number of passengers which it is legally permitted to carry. All passengers must remain seated with their seatbelts correctly fastened whilst the vehicle is in motion unless using the washroom or catering facilities (if any). Passengers using the washroom or leisure facilities or who for any other reason do not remain in their seats with their seatbelts fastened whilst the vehicle is in motion do so entirely at their own risk.
On a private hire no animal (other than Registered Assistance Dogs notified to the operator in advance) may be carried without the prior agreement of the operator.
No alcohol is permitted to be carried or consumed on the vehicle without the prior written consent of the operator. 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. The hirer will indemnify the operator for any fines and any related costs, expenses or other losses incurred as a result of any breach of this Act by the passengers.
Smoking and the use of illegal substances is not permitted on the vehicle at any time.
Normally written confirmation by the operator is the only basis for the acceptance of a hiring or for a subsequent alteration to its terms.
Full payment must be made no later than 14 days prior to travel. If your booking is made within 14 days of travel then full payment must be made at time of booking. Payment can be paid by BACS (please contact our accounts department for details), cheque, cash or card.
Please note a 3% service charge will be applied to all credit card payments.
The above payment terms do not apply to South West Coaches account holders.
In some circumstances the operator may require a fully refundable deposit as well as full payment. This deposit may be retained by the operator to compensate for any damage or soiling to the vehicle.
11 Cancellation by hirer
All cancellations must be made in writing by the hirer. Cancellation charges will apply as below:
Cancellation 14 to 7 days prior to date of hire - 25% of Hire.
Cancellation 6 to 2 days prior to date of hire - 50% of Hire.
Cancellation 1 to 0 days prior to date of hire - 100% of Hire.
12 Cancellation by the operator
In the event of any emergency or force majeure or of any action by the hirer to vary agreed conditions unilaterally the operator may by returning all money paid and without further or other liability cancel the contract.
13 Route and time variation
Should a vehicle be detained by the hirer or taken on a longer journey than that contracted for the operator reserves the right to make an additional charge commensurate with the costs incurred. During the hire the driver is the sole judge of the reasonableness of any request for a change of route or time. In any event the vehicle(s) will depart at times agreed with the hirer and the operator will not be liable for any loss or injury sustained by any passenger who fails to join a vehicle at the appointed time. Alteration to any agreed itinerary must be agreed with the operator direct, not the driver.
The operator reserves the right to provide a larger vehicle than specified at no additional charge. The operator 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 similar quality.
The operator gives any advice on journey time in good faith but does not guarantee the completion of any journey in any specific time and will not be liable for loss delay or inconvenience caused by the actual time of the journey.
16 Agency arrangements
Where the operator hires in vehicles from another operator at the hirer’s request and where the operator arranges ancillary facilities such as meals accommodation ferries admission tickets or any other service 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 operator shall be binding on the hirer as if he had directly contracted for such services.
17 Passengers’ property
For safety reasons the driver is the sole arbiter as to the carriage of passengers’ luggage and its storage. Luggage may only be carried in the seating area if it will fit safely in the overhead lockers. The operator will not accept liability for any damage to or loss of any property left on a vehicle by a passenger, or whilst on the vehicle. All articles of lost property recovered from a vehicle will be held at the depot at which the vehicle is based for a period of one month. If requested, lost property can be mailed and the charges for this will be recoverable.
18 Conduct of passengers
The driver is responsible for the safety of the vehicle. Any passenger whose conduct is in breach of statutory regulations or is otherwise considered by the driver to be unacceptable may be removed from a 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.
19 Damage and soiling
The hirer is responsible for any damage or soiling caused to the vehicle by any passenger for the duration of the hire. A minimum surcharge of £150 will be made if the vehicle is damaged or soiled. If the extent of the damage or soiling is such that the vehicle is out of service for any period of time the operator may in its absolute discretion surcharge the hirer a minimum of £500 per day or part of a day for which the vehicle is out of service. Any such surcharge is payable upon demand.
20 Distracting driver during journeys
It is the hirer’s responsibility to ensure that passengers do not distract the driver at any time when he is driving the vehicle. As a general rule, passengers must not, save in the case of an emergency, approach or speak to the driver whilst the vehicle is in motion unless he indicates that it is acceptable for them to do so.
In the event if the hirer having any complaint in respect of the operator’s services the hirer should endeavour to seek a solution by seeking assistance from the driver or from the operator, as soon as practically possible. Complaints should then be made in writing to the operator within 14 days.
22 Posters etc.
No bill poster, banner, flag, notice or similar items are to be displayed on any vehicle without the consent of the operator.
23 Third Party Rights
Any servants and agents of the operator are third parties to these conditions for the purposes of the Contract (Rights of Third Parties) Act 1999 and shall be entitled to enforce the same accordingly.
24 English law
This contract is governed by English law.
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