E Coaches of Alfreton: Terms and Conditions
These terms and conditions apply irrespective of whether or not a contract has been made in writing or verbally between the hirer ('contract') and the operator ('E Coaches of Alfreton'). Should the hirer be a group, partnership or company, a sole individual must act as a responsible person. The hirer will be responsible for the decisions and actions of all passengers on board, including any additional costs that may result from such decisions or actions of passengers whilst the operator performers the agreed contract. The operator will only accept instructions, and any additional instructions, from the hirer or nominated responsible person.
Quotations are made subject to the operator finding a suitable vehicle meeting the hirer's requirements at the time of acceptance of the contract. Quotations will be valid for 14 days unless otherwise notified. The operator reserves the right to change any quotation within the 14-day period providing that the booking has not been confirmed by both parties (the hirer and operator). Quotations cover hire of the coach and driver only. Other special provisions, such as admission charges, accommodation, meals, parking charges, are not included in the quoted price. Any additional charges will be identified by the operator and will be the responsibility of the hirer, unless otherwise specified.
Any deposit is payable at the time of booking in order to secure the services of the driver and coach for the agreed contract. The balance of the hire charge is payable by 14 days prior to the agreed date of hire, unless otherwise agreed by the operator. The operator reserves the right to cancel any booking without refund should there be any non-payments within the agreed time scales above. The operator reserves the right to amend the price of a booking if full payment has not been made by the hirer prior to the 14 day limit. The operator reserves the right to add interest at the rate of 4% per annum above the base rate of The Royal Bank of Scotland, calculated on a daily basis, from the date by which payment should have been made. Unless otherwise agreed, deposits are non-refundable.
Surcharges (Additional Charges)
The operator reserves the right to pass on any increase in the cost of fuel, road tolls, UK Government-imposed taxes, taxes imposed by Governments of other countries visited, and foreign currency to the hirer that takes place 7 days or more prior to the departure date. No such surcharges will be levied within 7 days of the agreed departure date. On notification of such surcharges, the hirer has the right to cancel the booking subject to the cancellation charges shown in section 6. The operator reserves the right to impose additional charges onto the hirer should passengers have left the vehicle in any unreasonable or untidy condition that requires additional labour or mileage to correct.
Normally written confirmation by the operator is the only basis for acceptance of a hiring, or for any subsequent alteration to its terms and conditions.
Cancellation by the Hirer
In the event that the hirer chooses to cancel a contract, the operator reserves the right to retain any deposits. Liability for any losses incurred by the operator as a result of a cancellation, such as meals, theatre tickets, and accommodation, will be with the hirer. However, liability for such losses will not exceed the full cost of hiring. The following scale of charges will apply in relation to the total hire charge should the hirer wish to cancel any agreement:
- 10 days or more prior to agreed contract: 50% of hire
- 5-9 days prior to agreed contract: 60% of hire
- 3-4 days prior to agreed contract: 70% of hire
- 1-2 days prior to agreed contract: 80% of hire
- Day of hire or arrival of coach at departure point: 100% of hire
Cancellation by the Operator
In the event of any emergency, civil commotion or disobedience, bad weather, disaster or any other force majeure, the operator may cancel the contract without further liability. In this event, the operator would return all money paid to the hirer. Should the hirer take any action to vary the agreed conditions of a contract, the operator may, by returning all money paid and without further liability, cancel the contract.
Refunds, where appropriate, will be processed onto the card from which payment to the operator was made on. Refunds may take up to five working days to appear in an account. Please see section 6 for scales of charges that apply when cancelling any booking with the operator. Unless otherwise agreed, deposits are non-refundable.
The Use of Hired Vehicle
Unless otherwise confirmed in writing, the hirer should not assume the use of a hired vehicle at any point between the outward and return journeys, nor should the hirer assume that the vehicle will remain parked at the destination for the hirer's use. On no account should the operator's vehicles be sub-let, licensed or lent by the hirer to another party without the consent of the operator.
The Use of Agency or Other Vehicles
Should the operator hire vehicles from other agencies or companies at the request of the hirer, and where the operator has arranged for any additional facilities that carry a surcharge, such as tickets and meals, it does so in accordance with the hirer's request. As long as they are supplied to the hirer, any terms and conditions imposed by such agencies or companies would apply and be binding on the hirer as if they had directly contracted for such services from the said agencies or companies supplying the vehicles. As such, any surcharges brought about by the decisions and actions of passengers on any vehicles hired from other agencies or companies will be the responsibility of the hirer.
Drivers' Hours and Regulations
The hours of operation for drivers of this operator, or any agency drivers or other drivers representing this operator, are regulated by law. The hirer, or their responsible person, accepts responsibility for ensuring the hire keeps to the hours and timescales agreed in the contract. At no point should the hirer, responsible person or any passenger delay or interrupt a journey in a way that would risk breaching regulations relating to the driver's working hours or rest periods. Unless such incidents are outside the control of the hirer or responsible person, the operator reserves the right to charge the hirer for any additional costs that would be incurred by such incidents.
Time and Route Variations
The operator reserves the right to make additional charges for any costs occurred as a result of a vehicle taking a longer journey then contracted or otherwise being detained by the hirer. These charges will be worked out pro rata from the original booking charge. The driver is the sole person to decide if any requests to change route or time are reasonable. Any changes to the agreed route or time will need to be verified by the driver with the operator. The driver and operator will not be responsible for any passenger who fails to embark the vehicle at the specified arrival and departure times.
While the operator advises on timescales of a journey in good faith, it cannot guarantee that a journey will be completed within this timescale due to changes in traffic, weather or other circumstances beyond the reasonable control of the operator. Therefore the operator will not be liable for any losses incurred to the hirer by delays caused in such scenarios outwith its reasonable control.
Exclusion of Liability for Injury
Unless a personal injury or death occurs as a result of the negligence of the operator or any of its employed representatives, the operator does not accept the liability for any injury, loss or damage caused by any passenger standing up or walking around the vehicle whilst it is in motion. The operator does not accept any liability for injuries or deaths incurred on its vehicles due to passenger behaviour or factors outside of its reasonable control.
Seating Capacity and Seatbelts
The operator and hirer will agree the legal seating capacity of the vehicle being supplied for the contract at the time of booking. It is the hirer's responsible to ensure that the passenger count does not exceed this capacity. Passengers must remain seated and with their seatbelts correctly fastened while the vehicle is in motion. The only exceptions are when passengers use any wash-room or catering facilities. If passengers do not remain seated with their seatbelts fastened correctly in a moving vehicle, they do so at their own risk.
Children and Supervision
As in line with any local authority recommendations for staffing and supervision, the hirer must ensure that any party of children is accompanied by the correct number of adults. Supervising adults should not be congregated in one vicinity of the vehicle and should be seated throughout to maintain good behaviour. The driver has the absolute discretion to decide on the vicinities where adults should be seated within the vehicle.
The driver is, at all times, responsible for the safety of the vehicle. As such, the driver may remove any passenger whose conduct is in breach of the Public Service Vehicle (Conduct of Drivers, Inspectors, Conductors and Passengers) Regulations 1990. The certain rights and responsibilities of all parties within the regulations can be supplied by the operator on request. Any damage caused by a passenger to the vehicle shall be the responsibility of the hirer. Passengers should not approach the driver whilst the vehicle is in motion unless there is an emergency or the driver indicates that it is acceptable for them to do so. It is the hirer's responsibility to ensure that no passenger distracts the driver at any point whilst he is operating the vehicle.
Consumption of Alcoholic Drinks
Unless express permission has been obtained from the operator in writing, both the consumption and carrying of alcohol on the operator's vehicles is absolutely prohibited. If the vehicle is taking passengers to a sporting event, the hirer should be aware of its legal requirements regarding the carrying and consumption of alcohol as contained in the Sporting Events (Control of Alcohol etc.) Act 1985. If any passenger is found to have been in breach of this Act, it will be the responsibility of the hirer to compensate the operator for any fines, expenses, costs or other losses incurred as a result of this breach.
The operator has a strictly enforced policy of no smoking on all of its vehicles. It is the hirer's responsibility to make sure that passengers are aware of this policy.
The consumption and carrying of any illegal substances as outlined in the Misuse of Drugs Act 1971 is absolutely prohibited from the operator's vehicles.
Damage to Vehicle
Any damage or soiling caused to the vehicle by passengers for the duration of the hire is the responsibility of the hirer. The operator reserves the right to apply any surcharges as a result of such damage or soiling. Such costs and damages may rise depending on the amount of labour required to return the vehicle to an acceptable state.
Travelling with Animals
With the exception of registered guide dogs and hearing dogs, no animal may be carried on the vehicle without prior written agreement between the hirer and operator.
Passenger Property and Lost Property
To ensure safety of passengers' property, the driver is the sole arbiter of passenger luggage and its storage in the vehicle's luggage bay. Luggage may only be carried within the seating area of the vehicle if it is able to be fitted into overhead lockers and storage compartments. The operator cannot accept liability for any property left on the vehicle by passengers or for any damage to property. Any lost or unclaimed property found on the vehicle will be held at the vehicle depot for one calendar month. Lost property can be mailed, but please note that postage and packaging charges will apply.
The operator reserves the right to provide a larger vehicle than agreed for no extra charge unless the hirer utilises the extra capacity, in which case a pro rate charge would be applied and calculated from the original hire charge. The operator also reserves the right to substitute a vehicle for another vehicle of, at least, an equivalent quality and with all features that had been agreed in the contract between the hirer and operator.
If the hirer would like to make a complaint about the operator's service, we ask the hirer to try to seek solutions to the issue at the time with the driver or to phone our support team on 01773 541222. If the hirer does not feel their complaint has been remedied, written complaints should be submitted within 14 days of the hire service being provided. The operator strives to fully respond to any complains within 14 days of receipt.
Posters and Paraphernalia
No posters or paraphernalia such as pamphlets, leaflets, flags and other similar items should be display on a vehicle without the prior consent of the operator.
Third Party Rights
Any agents or servants of the operator are third parties to these terms and conditions for the purposes of the Contract (Rights of Third Parties) Act 1999 and, as such, shall be entitled to enforce the same accordingly.
English contract law
The contract between the operator and the hirer is governed under English contract law.