CONDITIONS OF HIRE
Reays Coaches Limited (the Company)
Please read the following terms and conditions carefully. These terms and conditions of booking set out the terms on which Reays Coaches Limited, a company incorporated in England and Wales with Company number 03910309 whose registered office is at Strawberry Fields, Syke Park, Wigton Cumbria CA7 9NE (hereafter referred to as the Company and/ or we, us, our) will provide services to you. In these terms you and your means all persons named on the booking, or any one of them as the case may be (this also includes any persons who are added or substituted to a booking at a later date), and the Hirer.
These terms and conditions of booking supersede any terms (either written or verbal) that may have been provided to you previously.
1.1 These terms and conditions apply to all private hire contracts entered into by Reays Coaches Ltd (the Company) (not forming part of a package, as defined in the Package Travel, Package Holidays, and Package Tours Regulations 1992) whether the contract has been made verbally or in writing.
1.2 If the booking is made by a company, group, or partnership, an individual must be named as a responsible person (the Hirer). The Hirer is responsible for the actions and decisions of all the passengers on board in their group, including any additional costs incurred in performing the contract, whether or not they actually travel with the party.
1.3 If the Hirer is not going to travel with the party, a representative must be chosen, and the Company must be informed who this is prior to the hire taking place. The Company will only accept instructions from the Hirer or their nominated representative.
2.1 Quotations are given on the basis of the most direct route (based on information provided by the Hirer) and are based on costs prevailing at the time (again, in accordance with the details provided by the Hirer).
2.2 The actual 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 confirmation provided by the Company.
2.3 All quotations are given subject to the Company having available a suitable vehicle at the time the Contract is entered into. The giving of a quotation does not guarantee the availability of vehicles or drivers.
2.3 Quotations are given for coach and driver only. Unless otherwise stated by the Company, any admission charges, meals, accommodation, parking, or any other additional costs are not included in the quotation.
2.4 All quotations are valid for 30 days unless otherwise specified. The Company reserves the right to change any quotation at any time within the aforesaid 30 day period provided that a booking has not been confirmed by the Company in writing (writing includes email). The quote will specify the amount of deposit due (Deposit).
3. BOOKING AND PAYMENT
3.1 The Deposit is payable by the Hirer on booking. The Company will then provide written confirmation of booking to the Hirer either by post or by email. It is at this point that a Contract has been formed between the parties.
3.2 The confirmation will be accompanied by a Party Information Form (also known as the Acceptance Form), which must be returned within seven days of receipt to the Company by the Hirer confirming that the details of the hire are correct. In cases where the Party Information Form has not been received by the Company within seven days of receipt, the Hirer accepts full responsibility for any mistakes in the planned route.
3.3 Payment in full must be made 7 days before the start of the hire, unless otherwise agreed by the Company.
3.4 The Company reserves the right to add interest (at the rate of 2% per annum above the base rate of Clydesdale Bank plc calculated on a daily basis) from the date by which payment should have been made until the date payment is made.
4. USE OF THE VEHICLE
The Hirer cannot assume the use of the vehicle between outward and return journeys, nor that it will remain at the destination for the Hirers use unless this has been agreed with the Company in advance.
5. ROUTE AND TIME VARIATION
5.1 Should a vehicle be taken on a longer journey that that contracted for, the Company reserves the right to levy additional charges for additional mileage or time to that set out in the confirmation or Party Information Form (as applicable).
5.2 The vehicle will depart at times agreed between the Hirer and the Company (or the driver), as set out in the confirmation or Party Information Form (as applicable) and it is the responsibility of the Hirer to account for all passengers at those times.
5.3 The Company will not accept liability for any losses incurred by any passenger who fails to follow instructions given by the Hirer or the driver.
5.4 During the hire, the driver shall be the sole judge as to the reasonableness of any requests for a change of route and/or departure time. A change of route at the Hirers request may be subject to additional charges.
6. DRIVERS HOURS
6.1 The hours of operation for the driver are regulated by law and the Hirer accepts the responsibility of ensuring the Hirer adheres to the hours and times agreed and as set out in the confirmation or Party Information Form. 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 rest periods.
6.2 The Company reserves the right to curtail or otherwise alter any hire which does not comply with the relevant regulations and shall incur no liabilities for such alterations of the hire that do not comply with the necessary regulations.
6.3 If any breach is likely to occur, the Hirer will be responsible for any additional costs incurred unless it is an emergency or outside the control of the Hirer. This may include, but is not limited to, the cost of providing a replacement driver.
7. SEATING CAPACITY
7.1 The Company will, at the time of booking, agree and specify the legal seating capacity of the vehicle to be supplied. The Hirer must not load the vehicle beyond this capacity.
7.2 In the interest of passenger safety, the Hirer must inform the Company prior to departure of the exact number of passengers travelling on board the vehicle.
7.3 All passengers must remain seated with their seatbelts correctly fastened whilst the vehicle is in motion, unless using the washroom facility. The Hirer should make all passengers aware of this condition prior to the date of hire.
8. CONVEYANCE OF ANIMALS
8.1 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.
9.1 All passengers under the age of 16 must be accompanied and supervised by a competent adult, who is not under the influence of alcohol. One adult may only supervise up to a maximum of three under 16s.
10.1 No acceptance or subsequent alterations to a confirmed booking or Party Information Form will be accepted unless sent to the Company in writing (including email) to firstname.lastname@example.org.
11. CANCELLATION BY HIRER
11.1 If the Hirer wishes to cancel the confirmed booking for any reason (including, without limitation, due to inclement weather conditions), the following scale of charges will apply in relation to the total hire charge:
More than one vehicle
10 days or more
50% of hire
6 9 days
Deposit + 10% of hire
60% of hire
3 5 days
Deposit + 25% of hire
70% of hire
1 - 2 days
Deposit + 50% of hire
85% of hire
Day of hire before arrival of coach
at departure point
Minimum 85% of hire
Minimum of 85% of hire
At or after arrival of coach at
100% of hire
100% of hire
11.2 In the event of cancellation, the cost of any other part of the trip (including, but not limited to accommodation, meals, theatre tickets and ferries) which has been prepaid by the Company on behalf of the Hirer, will be payable by the Hirer in addition to the charges set out above. Any administrative charges incurred by the Company will also be payable. The Company shall also pursue the Hirer for any unpaid elements for which costs have been incurred by the Company.
11.3 The Company reserves the right to apply any monies received (including, without limitation, any booking deposit received pursuant to clause 3) from the Hirer (or part thereof) against any charge levied pursuant to any other clause in these Terms and Conditions (including, without limitation, clauses 11.1 and 11.2).
12. CANCELLATION BY THE COMPANY
12.1 In the event of a Force Majeure event, (for the purpose of these Terms and Conditions, Force Majeure means any event or circumstance which the Company could not, even with due care, foresee or avoid and is therefore beyond our reasonable control), or if there is an unforeseen vehicle breakdown, or technical issue that would render the hired vehicle unserviceable or not road worthy, or in the event of the Hirer taking any action to vary the booking confirmation or Party Information Form unilaterally, the Company may, by returning all money paid to the Hirer and without further or other liability, cancel the contract.
12.2 The Company, on refunding the money paid and cancelling the contract, will not in any circumstances be liable for any cancellation fees or any direct or indirect losses incurred by the Hirer or any of the partys passengers.
12.3 Where a pricing error is identified, the company reserves the right to revise the price to the correct level, or on refunding any money paid, if this is the customers preference, cancel the booking without further consequence, and will not in any circumstances be liable for any cancellation fees or any direct or indirect losses incurred by the Hirer or any of the partys passengers.
13. VEHICLES TO BE PROVIDED
13.1 The Company reserves 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.
13.2 The Company reserves the right to substitute the vehicle (including those of other operators) or any ancillary facilities for all or part of the hiring subject to such substitute vehicle(s) being of at least equivalent quality.
13.3 Equipment in coaches (including but not limited to air conditioning, audio, visual and public-address systems) is provided at the discretion of the Company unless the quotation and hire confirmation specifies that any such facilities will be guaranteed. Whilst the Company endeavours to meet the Hirers requests, the Company cannot guarantee to meet any such requests.
14. BREAKDOWN AND DELAYS
14.1 The Company gives its advice on journey time in good faith and as an estimate only. Journeys may take longer than estimated as a result of breakdown or traffic congestion, or other events beyond the reasonable control of the Company.
14.2 We do not accept liability for delay. For the avoidance of doubt, we shall endeavour to fulfil but do not guarantee: departure times; arrival times; pick up times; drop-off times; or connections.
14.3 In the event of mechanical breakdown of the coach, we will attempt to locate an alternative conveyance as soon as possible. Please note any replacement vehicle may not be of a similar standard and any delays caused by mechanical breakdown may result in amendments to the itinerary as provided in the booking confirmation of Party Information Form (as applicable).
14.4 In those circumstances the Company will not be liable for any loss or inconvenience suffered by the Hirer as a result.
15. AGENCY ARRANGEMENTS
Where the Company hires vehicles from other operators at the request of the Hirer, and where the Company arranges ancillary facilities such as meals, accommodation, ferries, admission tickets, or any other services provided by another supplier, at the request of the Hirer, 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 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.
16. PACKAGE TRAVEL REGULATIONS
16.1 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 purposes of the Package Travel, Package Holidays, and Package Tours Regulations 1992 (as amended, re-enacted or replaced from time to time) 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 establishing 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. On some occasions, where it is agreed that the Company is acting as an Organiser or Retailer, it will issue separate conditions of trading relating to its liabilities and responsibilities under the regulations.
17. PASSENGERS PROPERTY
17.1 All vehicles hired by the Company are subject to restrictions on carrying luggage for statutory safety reasons. The Hirer accepts that the driver shall solely determine as to whether, and to what extent, passengers property is carried. Large bulky items may not be carried, and the Hirer should take all steps to notify the Company in advance of such requirements.
17.2 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. 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.
17.3 The Companys liability for loss and damage to property, however caused, is limited to £500 per bag, case or package, with an overall limit of £1,000 (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.
17.4 The Company is unable to accept any liability for loss or damage to any property left unattended on board a vehicle.
17.5 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.
18. CONDUCT OF PASSENGERS
18.1 The driver is responsible for the safety of the vehicle at all times, and as such, may remove any passenger whose behaviour does, or is likely to, prejudice safety or is in breach of the Public Service Vehicle (Conduct of Drivers, Inspectors, Conductors and Passengers) Regulations 1980 (as amended, re-enacted or replaced from time to time). These regulations set out certain rights and responsibilities on all parties, and full details of these can be obtained from the Company on request. The Hirer is responsible for and shall indemnify the Company in relation to any damage caused to the vehicle by any passenger for the duration of the hire. The Company is not liable for any costs incurred by passengers who have been removed from the vehicle because of their conduct.
18.2 The Company reserves the right to require a security deposit in addition to the hire charge. Any security deposit will be returned to the Hirer following completion of the hire less any losses and/or expenses suffered or incurred by the Company in relation to any damage caused to the vehicle by any passenger.
18.3 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 1985 (as amended) and the conditions of entry to race courses as laid down by the Race Course Association Ltd. The Company will provide details of these restrictions on request.
18.4 Unless a vehicle is licensed for standees, the Company does not accept any liability for passengers walking or standing while the vehicle is in motion.
19.1 In the event of a complaint about the Companys services, the Hirer should endeavour to seek a solution at the time by seeking assistance from the driver or from the Company immediately, or as soon as practically possible. If this has not provided a remedy, complaints must be submitted in writing and within 14 days of the termination date of the hire. The Company will acknowledge all complaints within 14 days and will endeavour to reply fully within 28 days.
20.1 No bill, poster or notice is to be displayed on any vehicle without the written consent of the Company.
21. REFRESHMENTS AND ALCOHOLIC DRINKS
21.1 No food (except confectionery) or drink (including alcoholic beverages) may be consumed on the vehicles without prior written consent from the Company.
22.1 The Company operates a strict no smoking policy on all vehicles. The Hirer should make all passengers aware of this condition prior to the date of hire.
The carriage and/or use of non-prescribed drugs is strictly forbidden whilst travelling on the Companys vehicles.
24.1 The Company reserves the right to pass on any increased costs due to an increase in the cost of fuel or variation in UK VAT rates or fluctuation in currency. On notification of any such surcharges the Hirer may cancel the hire, however the cancellation charges included at paragraph 11.1 may apply. No surcharges will be applied within 7 days of the departure date.
24.2 While the Company will endeavour to inform the Hirer of any known surcharges, the Company may not be aware of some surcharges imposed by third parties. Any surcharge imposed by a third party is payable by the Hirer, and the Company will not be responsible for the surcharge or any associated costs.
25.1 Any claims made under these conditions of booking are subject to English Law and will be governed by and construed in accordance with the Laws of England and Wales.
25.2 The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including any non-contractual disputes or claims) arising out of or in connection with these terms.
26. GENERAL DATA PROTECTION REGULATIONS
26.1 We comply with the GDPR 2018 Regulations, our data controller is Kerrie Allison and our data protection policy can be requested by writing to Reays Coaches Ltd, Strawberry Fields, Syke Park, Wigton, CA7 9NE.
26.2 Where we collect or otherwise process your personal data, we will always do so in accordance with the General Data Protection Regulations. We retain full contact details for the Hirer and the booking party, as well as other information supplied by you relating to your booking preferences. We may use your information for the purposes under which we are registered with the Information Commissioner under the Data Protection Act.
18. TIME OF THE ESSENCE
18.1 Time is not of the essence for any obligation imposed on Reays in this agreement.
Revised JUL 2018