CONDITIONS OF BOOKING
Throughout these Conditions, references to the Company, we, us and our should be read as referring to Reays Coaches Ltd, Strawberry Fields, Syke Park Wigton CA7 0NE
1.1 The attention of all Customers is drawn to these Conditions, which apply to all travel on our commuter services, unless stated otherwise. Customers must adhere to these Conditions and we will do the same.
1.2 These Conditions apply from the issue date shown above to all our commuter services and replace all previous terms and conditions of carriage or travel issued by Reays Coaches Ltd
1.3 We reserve the right to vary, alter or amend the Conditions from time to time without notice. There may also be specific variations and/or supplements to these Conditions on certain services (including, for example, where they are operated on behalf of other organisations) these variations will be available locally.
1.4 These Conditions are consistent with the relevant statutory regulations, including those relating to the conduct of passengers, and do not affect your statutory rights.
2. GENERAL CONDITIONS
2.1 We aim to operate services as advertised in our timetables but there may be occasions when journeys take longer than expected and/or services may need to be diverted or cancelled due to factors beyond our control. These factors may include, without limitation, traffic congestion, road traffic accidents, road works, road closures, major events, adverse weather conditions or other unforeseen operating circumstances.
2.2 To the extent possible, we will advise Customers of any disruption to our services. However, in the event of cancellation, delay, diversion or termination of any of our services, or for any other reasons, we shall not be liable for direct or indirect losses, damages, cost or inconvenience that you suffer as a result.
2.3 Customers are responsible for their own onward travel arrangements. We do not guarantee that our service will connect with any bus, train or other service at the time specified in the timetable. You should make appropriate allowances or alternative arrangements to ensure you are able to make any onward travel arrangements you have made.
2.4 The Company is unable to accept any liability for loss or damage to any property left unattended on board a vehicle.
2.5 All articles of lost property recovered from the vehicle will be held at the Companys 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.
3. GETTING ON & OFF THE COACH
3.1 You may only get on or off the vehicle at designated bus stops or stopping points on the specific route on which travel is taking place.
3.2 You should indicate clearly to the driver of an approaching coach if you wish to get on the coach. You must be at a bus stop and give such indication in sufficient time to enable the driver to stop safely. In all other circumstances we accept no responsibility if the driver does not stop or permit you to board the coach.
3.3 When you get on a coach for travel you must show the driver a valid ticket confirmation.
3.4 Where your ticket is an M-Ticket, these Conditions are in addition to the terms and conditions applicable to that M-Ticket. In the case of any inconsistency, the terms and conditions applicable to that M-Ticket (including any limitation on time for presenting that M-Ticket) will have precedence.
3.5 Where your ticket or fare is subject to proof of entitlement your ticket will not be valid without the relevant qualifying photocard or other qualifying proof of entitlement.
3.6 You must not use the emergency exits on any vehicle except in a genuine emergency or where instructed to do so by the driver.
3.7 For your comfort and safety, please give the driver sufficient time to be able to slow down properly for your stop. For your own and others safety, you are requested to remain seated until the vehicle comes to a complete stop.
3.8 Save in exceptional circumstances, the driver is not permitted to allow passengers to get on or off when the vehicle is in motion, held up in traffic or stationary at traffic lights.
4. FARES AND TICKETS
4.1 A valid ticket confirmation or M-Ticket must be available for inspection for the entire journey and produced on request by the driver or a Company official. If you are unable to produce a valid ticket confirmation or M-Ticket for inspection, or if it has expired or been altered or tampered with, you will be liable to pay a fare for the journey being taken.
4.2 No Customer will be permitted to use a ticket or M-Ticket, which has:
(a) been damaged, mutilated or defaced;
(b) been issued for use by another person on terms that it is not transferable;
(c) expired: or
(d) in the reasonable opinion of the driver or a Company official, been obtained fraudulently.
4.3 As the commuter services are a private hire the use of concessionary passes is not available
5. CONDUCT OF CUSTOMERS
5.1 When travelling on our vehicles, you are subject to these Conditions. Failure to comply with the Conditions (or the general law) may result in us refusing to permit you to travel or continue to travel. In particular, you must not:
(a) behave in a manner which may reasonably be expected to cause any person to be alarmed, upset, offended or annoyed, or which may reasonably be expected to cause a nuisance or inconvenience to any Customer, driver or company official (including, without limitation, the use of obscene or offensive language or behaving in a manner that is abusive or threatening). Intending passengers who in the opinion of the driver appear likely to behave in an inappropriate manner or to be under the influence of alcohol, drugs or solvents may not be permitted to travel;
(b) speak to the driver whilst the coach is in motion, stand forward of the seat area, obstruct the drivers vision or otherwise cause the driver to be distracted while driving, except in an emergency or for reasons of safety;
(c) obstruct any emergency or other exits, the vehicle entrance next to the driver, gangways, or other locations on the coach in any way that would inhibit safety;
(d) use any door for a purpose other than as indicated by a notice, unless directed to by the driver or a Company official;
(e) lean out of the vehicle or throw or trail any article from the vehicle;
(f) remain on the vehicle when directed to leave by the driver, or a Company official;
(g) deliberately damage or deface any part of the vehicle;
(h) take part in any form of criminal activity while on the vehicle;
(i) smoke at any time in any part of the vehicle or carry any lit pipe, cigar, cigarette (including electronic cigarettes), match or lighter on the vehicle;
(j) consume any type of alcohol while on the vehicle;
(k) carry or consume any items of food or drink which in the opinion of the driver may make other Customers journeys unpleasant or otherwise cause offence, or which is likely to cause a spillage of any food or drink inside the vehicle;
(l) leave rubbish or discarded items on the vehicle;
(m) play or operate any musical equipment or instruments (including radios, mobile phones, MP3 devices etc) on vehicles at a volume that is likely to cause annoyance to other Customers;
(n) wear roller skates, roller blades or unsuitable footwear, or use scooters or skateboards;
(o) wear soiled working clothes or carry any soiled items which might stain or damage the vehicle fittings or other Customers clothing;
(p) sell, or offer for sale, any item, or collect for charity without our prior written consent;
(q) canvass or survey any Customers without our prior written consent;
(r) deliberately interfere with any equipment fitted to the vehicle; or
(s) carry any bulky or cumbersome article, or any article or substance which is likely to cause annoyance or risk of injury to any person on the vehicle, or risk of damage to the vehicle or to the property or clothing of any person on the vehicle. Large items must be stowed in the luggage compartment
5.2 In addition, you must: (a) comply with all reasonable instructions given by the driver (and any other member of the Company);
(b) comply with all notices and legal signage displayed on the vehicle (including, without limitation, in relation to limits on numbers of permitted standing and total passengers and signage imposing stricter conditions then those specified in condition 5.1 above, such as a total prohibition of food consumption where specified);
(c) have due regard at all times for the needs of our elderly, young, or disabled Customers and Customers with reduced mobility and, in particular, vacate seats and spaces designed for the elderly, disabled and Customers with reduced mobility when requested; and
(d) take reasonable care to ensure that persons, animals or property within your control do not cause loss, injury or damage to property or persons.
5.3 If you are in breach of any of these Conditions (or the general law) you will be asked to give your name and address to a Company official and may be removed from the vehicle or our premises by a Company official, a police officer or a community support officer and refused further travel without refund. We also reserve the right to take any other measures we consider necessary to protect the safety and comfort of our Customers and staff including temporarily or permanently banning you from travelling with us following an incident of misconduct.
5.4 Whilst we will do everything that we reasonably can to control the conduct of other Customers on our coaches, we cannot be held responsible for their conduct.
6.1 Where permitted, luggage is carried free of charge at the driver's discretion. In the interests of safety and for the comfort of all our Customers, we reserve the right to refuse or restrict the size, amount and type of luggage or other belongings that you can bring on our coaches. In particular, the driver may refuse to accept any item being brought onto the coach and/or may refuse travel to any passenger if he/she believes that:
(a) there is insufficient space available for carriage of your luggage and/or you are carrying excessive amounts of luggage (to be determined at the drivers discretion);
(b) you are carrying items which may cause inconvenience, or present a danger or discomfort to other passengers or cause damage to their property or to the vehicle; or
(c) you are carrying items which may block any designated wheelchair or pushchair space, gangway or exit.
6.2 Subject to our statutory obligations (including, without limitation, pursuant to EU Regulation 181/2011 and associated national legislation), we cannot be held liable for any inconvenience or loss caused to a Customer if they are refused travel under these circumstances or if their luggage or belongings are damaged or lost whilst on the coach.
6.3 On certain long distance services operated by coaches, larger bags and suitcases may be carried in the rear or underfloor lockers as necessary and as space permits. Any such baggage should be clearly labelled.
6.4 You remain responsible at all times for the safe carriage, stability and handling of any items you bring on board. Fragile items such as electronic goods, portable televisions, computers, radios etc will only be carried if they are of reasonable size and securely packed. Luggage is carried at your risk and we accept no liability for any loss or damage to you or any third party, however caused.
6.5 We will not carry explosive or combustible material (including unsealed heavy batteries and petrol), accumulators, explosives, ammunition, weapons, paint in either unsealed containers or containers exceeding 3 litres, dangerous, illegal, offensive or otherwise hazardous items under any circumstances. The above list is not exhaustive and the carriage of items is at the sole discretion of the driver.
6.6 We will permit the carriage of a single portable oxygen cylinder or unit for personal medical reasons.
6.7 Where we accept the carriage of oxygen cylinders, paint, chemicals or any other liquids or substances on our vehicles, you must ensure that such substances are in proper containers which are sealed and are kept upright and secure throughout the journey. You will be liable for any damage caused to the vehicle or other Customers belongings due to spillage or leakage of any liquid or substance carried.
6.8 Folding bicycles are permitted on board our coaches, provided that they are stowed safely and that they do not block the aisles or access to seats. While we will make every effort to carry folding bicycles, there are instances when this may not be possible, including: (a) if there is insufficient space in the luggage hold; or
(b) if your folding bicycle is likely to cause discomfort to other Customers.
7.9 Due to space and safety considerations, standard non-folding bicycles cannot be carried inside our coaches.
7. DOGS AND OTHER ANIMALS
7.1 On a coach, 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.
8.1 We may fit our vehicles and other property with CCTV to provide added security, monitor the conduct of customers, monitor service quality, to assist us in the process of deterring smoking, vandalism, fraud, theft, anti-social behaviour and attacks on our employees and other individuals, and in support of relevant criminal and civil legal proceedings and complaint investigation. All CCTV equipment and its operation complies with the Data Protection Act 1998 (including the CCTV Code of Practice) and any subsequent amendments.
8.2 Images of you may be provided to the police, DVSA, the Traffic Commissioner or any other enforcement agency at their reasonable request, whether to be used as evidence in prosecuting criminal activity or in assisting the identification of individuals or otherwise.
9.1 Customers must advise the driver immediately if any suspicious article or package is seen on or near a vehicle, if any Customer is observed acting suspiciously or if any person is seen to tamper with the vehicle.
10. LOST PROPERTY
10.1 If you find property left on a vehicle by another Customer, please hand the item(s) to the driver as soon as it is safe to do so. The driver will on request supply you with his or her staff number.
10.2 If you have lost your property on one of our vehicles or at our premises, you should contact the Customer Services team. Contact details can be found on our website (www.reays.co.uk).
10.3 All lost property found or handed in by drivers or Company officials or by a third party is recorded, labelled and stored at the local lost property office. If the lost property is contained in a package, bag or other container, we may open it and examine it in order to trace the owner or identify the nature and value of the lost property.
10.4 Any lost property found on our vehicles, providing the item is not perishable will be kept for 1 month. All unclaimed property is donated to charity at the end of the calendar month following the one in which it was handed in. Perishable items, including but not limited to foodstuffs, and soiled items will be held for a maximum of 48 hours and if deemed necessary will be disposed of immediately.
10.5 When claiming lost property, you must supply a full description of the item, including its contents if applicable, and give details of where and when lost, in order to reasonably satisfy us that you are the rightful owner of the property.
10.6 Once lost property has been identified you will be given details of how and where to collect the item. Under normal circumstances, you will need to collect the lost property from the office or depot at which the lost property is being stored during office hours. On collection you will be asked to fill out your name and address and supply proof of identity. You will need to pay the cost of postage and packaging in advance if we agree to post the property back to you. We reserve the right to charge a small fee for administration of the lost property service.
11. DATA PROTECTION
11.1 If we collect or otherwise process your personal data, we will always do so in accordance with the Data Protection Act 1998 (as amended).
11.2 The Data Protection Act 1998 creates a special right which allows you to gain access to all the data we hold relating to you (i.e. in which you can be identified). This is called a subject access request and must be done in writing providing sufficient information for us to identify you. If you make a subject access request we will tell you whether we hold any personal data relating to you, the purposes for which those data are being processed and those to whom they are or may be disclosed. We will supply you with a copy of all the information that forms any such personal data as requested. Requests for subject access should be made in writing to the Data Protection Officer, Reays, Strawberry Fields, Syke Park, Wigton CA7 0NE.
12. LEGAL NOTICE
12.1 Save as otherwise stated herein, these Conditions constitute the entire agreement between the Company and its customers. None of our employees is entitled to alter or vary any of the provisions of these Conditions.
12.2 The contract between the Company and any Customer is limited to travel upon the Companys own services and liability (if any) will be limited accordingly. The Company will not be liable for any loss, consequential loss, damage, or inconvenience arising from the communication of information in good faith by any of the Companys employees.
12.3 The restrictions of liability contained in these Conditions are considered by the Company to be reasonable in all the circumstances. However, should any provision of these Conditions be deemed to be invalid or unenforceable this shall not affect the validity and enforceability of the remaining provisions.
12.4 Without prejudice to all rights and claims otherwise available to the Company, in the event that Customers breach any of the Conditions, or any other condition implied or duties owed as a matter of law (howsoever such conditions or duties arise) the Company has the right to recover compensation for all loss, injury and damage suffered by the Company as a result of such breach, including but not limited to costs incurred in repairing or replacing damaged property and loss of revenue.
12.5 The governing law for these Conditions shall be the laws of England and Wales and the Courts of England and Wales shall have exclusive jurisdiction except where your journey commences and terminates wholly within Scotland in which case the laws of Scotland shall apply and the Courts of Scotland shall have exclusive jurisdiction.