1.Application
These conditions apply whether a contract has been made verbally or in writing or whether or not a contact of carriage has been entered into as a result of a quotation being offered and accepted.
2.Quotations
Quotations are given on the basis of the most direct route and on the information provided by the hirer. Quotations are based on costs prevailing at the time and unless otherwise agreed before contract is made admission charges, meals, accommodation and parking charges are not included in the quoted price. Quotations are made subject to a vehicle suiting the hirer’s requirements being available at the time of acceptance.
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 journey not to remain available for the hirer’s incidental use when parked at such points.
4.Route and time variation
Should a vehicle be detained or taken on a longer journey then that contracted for, the operator reserves the right to make additional charges commensurate with the cost incurred. The vehicle will depart at times agreed with the hirer, however where there is a delay the maximum wait time will be 15 minutes, after which the coach will depart. The hirer will not be liable for any loss or injury sustained by any passenger who fails to join a vehicle at the appointed time.
5.Drivers hours and rest periods
The hours of operation of the driver are regulated by law and the hirer accepts the responsibility of ensuring the hire keeps to the times agreed by the operator. Of any breach is likely to occur (other than in the case of a serious emergency or diversion) the hirer will be responsible for any additional costs incurred unless it is outside the control of the hirer.
6.Seating Capacity
The operator 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
On a private hire, no animal (other than guide and/or service dogs notified to the operator in advance) may be carried on any vehicle without prior agreement from the operator.
8.Confirmation
Written confirmation by the operator is the only basis for the acceptance of a hire or a subsequent alteration to its terms.
9.Payment
The operator requires payment of a 25% non-refundable deposit to secure any booking. All booking invoices must be settled a minimum of 48 hours prior to the hire. Regular contract hires are undertaken under 30 day payment terms. The operator reserves the right to add interest at a rate of 2% per annum above the rate of Royal Bank of Scotland, calculated on a daily basis from the date by which payment should have been made.
10.Cancellation by Hirer
In the case of all cancellations, the 25% deposit will be non-refundable. Over and above this, the following scale of charges will apply in relation to the total hire charge, unless otherwise agreed in advance with the operator.
| Notice Given: | Charge for: | Single Vehicle Hire | Multiple Vehicle Hire |
|---|---|---|---|
| 10 or more days | – | deposit | deposit plus 10% |
| 6-9 days | – | deposit plus 10% | deposit plus 20% |
| 3-5 days | – | deposit plus 15% | deposit plus 40% |
| 1-2 days | – | deposit plus 25% | deposit plus 50% |
| Day of hire | – | – | – |
| (Before arrival of coach at departure point) | – | deposit plus 50% | deposit plus 60% |
| After coach has departed | – | 100% of hire | 100% of hire |
The cost of any accommodation, Theatre Tickets (or other such ancillary service) and meals which have already been purchased by the company at the request of the hirer and are not returnable will be charged to the hirer and must be paid for in full.
11.Cancellation by the Operator
In the event of any emergency, riot, civil commotion, strake, lock out, stoppage or restraint of labour or on the happening of any event over which the operator 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 monies paid and without further or other liability, cancel the contract.
12.Vehicle to be provided
a)The operator reserves the right to provide a larger vehicle than the specified at no additional charge – b)The operator reserves the right to substitute another vehicle (including those of other operators) or ancillary facilities for all or art of the hiring subject to substitutes being of similar quality.
13.Breakdown and delays
The operator gives its advice on journey times in good faith. However, as a result of breakdown, traffic congestion or other events beyond our control, journeys may take longer than predicted and in those circumstances, the operator will not be liable for any loss or inconvenience suffered by the hirer as a result.
14.Accommodation arrangements
Where the hirers schedule requires overnight stays of any duration, the hirer is responsible for ensuring that suitable accommodation on a bed and breakfast basis is provided for the driver/drivers. It is the hirer’s responsibility to book and pay for this accommodation and the cost is not accounted for in the operators hire charge.
15.Passengers Property
All vehicles hired by the operator are subject to restrictions on carrying luggage for statutory safety reasons. The driver shall be the sole judge as to whether and to whether and to what extent passengers’ property is carried. The operator will not accept liability for any damage or loss of any property left on the vehicle by a passenger.
16.Conduct of passengers
The driver is responsible for the safety of the vehicle. Any passenger, whose conduct is in breach of statutory regulations, (Public Service Vehicle (Conduct of Drivers, Inspectors, Conductors and Passengers) regulations 1990) may be removed from a vehicle or prevented from boarding on the drivers’ authority.
17.No Smoking
Smoking is not permitted on any of the operator’s vehicles.
18.Alcohol
Alcohol is NOT permitted on board any vehicle. In all instances, the driver has the authority to remove any passenger who causes any distress to either the drive or other passengers or any damage to the vehicle, as a result of alcohol consumption.
19.Specific Arrangement for Alcohol and Sporting Events
It is an offence for alcohol to be carried on a Public Service Vehicle used for the purpose of carrying passengers for the whole or part of a journey to or from a sporting event in the United Kingdom. The operator, the hirer and their agents are liable to prosecution of they knowingly cause or permit alcohol to be carried. Heavy penalties may be imposed which can include a prison sentence.
20.Complaints
Any complaint in respect of the operators services should be made in writing to the operator’s office within 14 days.
21.Notices
No bill, poster or notice is to be displayed on any vehicle without the consent of the operator.
22.Surcharges
Once a hire is confirmed and providing there are 30 days prior to departure the operator reserves the right to pass on any increases in costs as surcharges. No surcharge will be levied within 30 days of departure.
23.Scottish Law Contracts made in Scotland will be governed by Scottish Law.