BAYLISS EXECUTIVE TRAVEL LTD
TERMS & CONDITIONS OF HIRE
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 OPERATORS 1992.
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 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 confirmation.
All quotations are given subject to the company having a suitable vehicle available at the time the hirer accepts the quotation.
Quotations are valid for 28 days unless otherwise notified.
Quotations are given for coach and driver only. Any additional charges will be separately identified and will be the hirer’s responsibility unless otherwise specified.
3. USE OF VEHICLE
The hirer cannot assume use of the vehicle between outward and return journeys, nor to remain at the destination for the hirer’s use unless this has been agreed with the company in advance.
4. ROUTE AND TIME VARIATION
The company reserves the right to levy additional charges for additional mileage or time than that agreed. The charges will be pro rata and in accordance with the formula advised on the booking confirmation. The vehicles will depart at times agreed by the hirer, and it is the responsibility of the hirer to account for all 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.
5. DRIVER’S HOURS
The hours of operation for the driver are regulated by law, and the hirer accepts the responsibility of ensuring the hirer keeps to the hours and times agreed by the company. Neither the hirer or any passenger shall delay or otherwise interrupt the journey in such a way that the driver is at risk of breaching any 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. Any additional costs will be as in Condition 4.
6. SEATING CAPACITY
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 its capacity.
7. LUGGAGE AND LOST PROPERTY
Luggage is carried at the owner’s risk and we shall not be responsible for any property or equipment left on the coach. Any item of lost property will be held for a period of 1 month following the date of the tour in accordance with the minimum regulation laid down by the Road Traffic Act 1960 & the Public Services Vehicles (Lost Property) Regulations 1995.
Reasonable amounts of luggage will be accepted and the company reserve the right to hold no more than two medium sized suitcases per passenger plus one piece of hand luggage which must be capable of being placed in the overhead lockers or under seats inside the coach.
8. 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.
Normally, written confirmation by the company is the only basis for the acceptance of a hiring or for a subsequent alteration to its terms.
Any deposit requested must be paid by the date stated and is non-refundable. Payment in full must then be made at least 7 days before the start of the hire unless otherwise agreed by the company. The company reserves the right to add interest at the rate of 2% compound interest per calendar month, after the date by which payment should have been made.
11. CANCELLATION BY THE HIRER
a) 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 CANCELLATION CHARGE COACH HIRE:
14 days or less 100% of hire total
b) The cost of accommodation, meals, cross channel crossing, theatre tickets or other ancillary service that has already been purchased by the company at the request of the hirer, will be charged to the hirer, plus any administration charges incurred by the company.
c) Cancellation due to inclement weather conditions will be charged as above.
d) Theatre tickets* once purchased are not returnable and must be paid for in full. (* Or other ancillary service).
12. CANCELLATION BY THE COMPANY
In the event of any emergency, riot, civil commotion, strike, lock out, stoppage or restraint of labour or on the happening of any event over which the company had 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.
13. VEHICLE TO BE PROVIDED
a) 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.
b) The company reserves 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 or a least equivalent quality.
14. BREAKDOWN 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.
15. 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, accommodation, 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 had directly contracted such services. The hirer shall indemnify the company against any loss, claim, damage or award in respect of a breach of such supplier’s terms and conditions brought about by the hirer’s action.
16. 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 purposes of the Package Travel, Package Holidays, and Package Tours 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.
17. PASSENGERS PROPERTY
a) All vehicles hired by the company are subject to restrictions on carrying luggage for statutory safe 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.
b) 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.
c) The company’s liability for loss and damage, however caused, is limited to £500 per passenger. It is the responsibility of the hirer to ensure that items over this value are insured separately for loss and damage.
d)All articles of lost property recovered from the vehicle 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
CONDUCT OF PASSENGERS
a) 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 from the company on request.
b) The hirer is responsible for any damage caused to the vehicle by any passenger for the duration of the hire.
c) 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 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.
In the event of 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. The company will endeavour to find a resolution to the complaint within 28 days of receipt of the letter.
No bill, poster or notice is to be displayed on any vehicle without the written consent of the company.
20. REFRESHMENTS, ALCOHOLIC DRINKS AND SMOKING
Other than on a vehicle fitted expressly for that purpose, food (except confectionery) and drink (including alcoholic beverages) may not be consumed on the vehicle without prior written consent from the company. Only food (except confectionary) and beverages supplied by the company may be sold of distributed on the vehicle. SMOKING IS STRICTLY PROHIBITED ON BOARD ALL VEHICLES.
Once a confirmation 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 the Governments of the UK and of 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 cancellation charges shown in paragraph 11. The liability of the company will be limited to the cost of the hire and any ancillary services supplied.
For clarification of any point mentioned in our terms of business please contact us.