Rambler Coaches Ltd., Hastings
Westridge Manor, Whitworth Road, St Leonards-on-Sea, East Sussex, TN37 7PZ
Conditions of Hire 2013
These conditions apply to the private hire of transport, not operating as a package, as defined by the Package Travel, Package Holidays and Package Tour regulations 1992.
Applications. These conditions apply whether a contract has been made verbally or in writing. The hirer acts on behalf of all the passengers travelling 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. The company will only accept instructions from the hirer 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.
Quotations. Quotations are given on the basis of the most 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 conformation. 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. Quotations are given for the coach and driver only. Any additional charges ,i.e.parking, will be separately identified and will be the hirers responsibility unless otherwise specified.
Use of Vehicles. The hirer cannot assume use of the vehicle between outward and return journeys, nor to remain at the destination for the hirers use unless this has been agreed with the company in advance.
Route and Time Variation. Any timings given by the company are given in good faith based on previous knowledge or calculations, but cannot be guaranteed. The company reserves the right to levy additional charges for additional mileage or time than that agreed. The charges will be pro rata subject to not involving a change of driver and subject to drivers daily rest pattern being able to be adhered to The vehicle will depart at times agreed by the hirer, and it is the responsibility of the hirer to account for all the passengers at those times. The company will not accept liability for any losses incurred by passengers who fail to follow instructions given by the hirer.
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
Seating Capacity. The company will, at the time of booking, agree and specify the legal capacity of the vehicle to be supplied. The hirer must not load the vehicle beyond its capacity. The company reserve the right to operate a vehicle with a larger capacity than that requested. The crew seat at the near-side front of a vehicle is not for passenger use.
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.
Confirmation. Written confirmation, including a booking number, by the company is the only basis for the acceptance of a hiring or for a subsequent alteration to its terms.
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 reserve the right to add interest at the rate of 8% over the Bank of England base rate, compound interest per calendar month,(or pro-rata), after the date by which payment should have been made.Payments made by credit card may be subject to 0 2% additional charge.
Cancellation by the Hirer. If the hirer wishes to cancel any agreement, the following scale of charges will apply in relation to the total hire charge. Days prior to coach hire cancellation charges;10 days or more- Loss of deposit(deemed to be 25% of hire where no deposit paid on booking);6 to 9 days prior - 40 % of hire; 3 to 5 days prior to hire - 50% of hire; 1 to 2 days prior to hire - 70% of hire; Day of Hire - minimum of 85% of hire; Arrival of coach at departure point - 100% of hire. Cancellation prior to day of hire must be made in writing, letter, fax or email, and be acknowledged by the company.
Cancellation by the Company. In the event of any emergency, riot, war, 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..
Vehicle to be Provided. The company reserve 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.
The company reserve 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 equivalent quality.
Breakdowns 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.
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, 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/she 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 suppliers terms and conditions brought about by the hirers action.
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 purpose of the Package Travel, Package Holidays and Package Tour 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 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. Where the company acts as an organiser or retailer, it will issue separate conditions of trading relating to its liabilities and responsibilities under the Regulations.
Passengers Property. All vehicles hired out 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. The driver may refuse to lift any item he/she feels unable to safely carry. 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. Any property left in the vehicle whilst the property’s owner is not present is left entirely at the property owners risk. The company cannot be held liable for unattended property left in the passenger compartment of the vehicle. The hirer should notify the company or the driver if items of exceptional value are to be carried on the vehicle. It is the hirers responsibility to minimise risk of loss when property is left unattended. The company’s liability for loss or damage, however caused, is limited to £50 per bag, case or package and an overall limit of £100 (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. All articles of lost property recovered from the vehicle by the company 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.
Conduct of Passengers. 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 on request. The hirer is responsible for any damage caused to the vehicle by any passenger for the duration of the hire. 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, and the condition of entry to race courses as laid down by the Race Course Association Ltd.(The law states “Alcohol may not be carried on a vehicle attending sporting events”)
Safety Policy. All passengers must remain seated whilst the vehicle is in motion, unless moving to use the onboard toilet facility. No luggage or personal possessions may be left in a gangway or access to an emergency exit. Any items the driver considers to large for the interior of the vehicle must be stowed in the luggage compartment. No items of rubbish etc will be thrown from the vehicle. Where an accompanied children’s or young persons party is being carried, we recommend adult supervisors be seated at the front, centre and rear of the vehicle. All entrance doors and exit doors & windows will remain closed whilst the vehicle is in motion. These doors & windows will not be locked whilst passengers are on board the vehicle. All vehicles are regularly “safety checked” so as to comply with the terms of our operators licence PK3587 and Road Traffic Acts. Driver’s licences are monitored to comply with road traffic requirements and that of our insurers. All large coaches are fitted with “speed limiters”. Drivers are vetted by the
Criminal Records Bureau, an executive agency of the Home Office.
Seat Belts. From the 18th. September 2006 it became a legal requirement for all passengers of 14 years and over to wear a seatbelt if the vehicle is so fitted.
Smoking. From the 1st. July 2007 it became a criminal offence for anyone to smoke on a Public Service Vehicle, (bus or coach).
Complaints. In the event of a 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.
Notices. No bill, poster or notice is to be displayed on any vehicle without the written consent of the company.
Refreshments and Alcoholic Drinks. Other than on a vehicle expressly for that purpose, food (except confectionery) and drink (including alcoholic beverages) may not be consumed on the vehicle without prior consent from the company.
Surcharges. Once a confirmation with booking numbers 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 governments of the UK and 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 previously. The liability of the company will be limited to the cost of the hire and any ancillary services supplied.
Exceptions. Changes to these conditions made be made in certain circumstances with written conformation from the company (i.e. for payment terms and where specific written contracts apply).
Emergency Contact. For any customer needing to contact us in a emergency out of normal office hours please telephone Hastings (01424) 754881.