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 regulations 1992
1. Applications
These conditions apply whether a contract has been made verbally or in writing. The hirer acts on behalf of all the passengers traveling on the vehicle/s. The hirer is responsible for the actions and decisions of all passengers.
2. Quotations
Quotations are given on the basis of the most direct route. The route 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 available a suitable vehicle at the time the hirer accepts the quotation. Quotations are valid for 28 days unless otherwise notified.
3. Bookings
All bookings must be made in writing by the hirer either by fax, e-mail or post.
4. 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.
5. Route and Time Variation
The company reserves the right to levy additional charges for mileage or time other than that agreed. The vehicle will depart at times agreed by the hirer, and it is the responsibility of the hirer to account for all passengers at those times.
6. Drivers Hours
The hours of operation for the driver are regulated by law and the hirer accepts the responsibility of ensuring the hire keeps to the hours and times agreed by the company. Neither the hirer nor any passengers shall delay or otherwise interrupt the journey in such as way that the driver is at risk of breaching regulations relating to driving hours and duty time.
7. Seating Capacity
The Company will specify the legal seating capacity of the vehicle. The hirer must not load the vehicle beyond this capacity.
8. Conveyance of Animals
No animals (except guide or hearing dogs notified to the company in advance) may be carried without prior written agreement from the company.
9. Confirmation
Written confirmation accompanied by the official company stamp is the only basis for the acceptance of a hiring or for a subsequent alteration to its terms.
10. Payment
To confirm booking deposit 25% of the total amount must be received non - refundable.
Balance must be paid 14 days before travel.
11. Cancellation by Hirer
Customers are entitled to cancel by e-mail or fax during office hours. Cancellations must be made at least 14 days before the time of travel. Any cancellation between 10 to 7 days before travel 50% returned. Non - refundable after 7 days. Any alteration to bookings carries an administration charge of £ 50.00.
12. Cancellation by the company
In the event of any emergency, riot, civil commotion, strike, lockout, stoppage or restraint of labour or the happening of any event over which the company 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 return 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.
b. The company reserves the right to substitute other vehicles of similar quality (including those of other operators) for all or part of the hiring.
c. All additional parking charge will be the responsibility of hirer.
14. Breakdown and Delays
The company gives 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 the company will not be liable for any loss suffered by the hirer as a result.
BM Coaches accept no responsibility for the client using another form of transport, ie- Cabs, Trains Etc.. If our coaches are delayed for any reason, without the prior consent of our office.
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 shall be binding on the hirer.
16. Package Travel Regulations
If the hirer organizes other elements of a package in addition to the provision of transport, the hirer may be defined as an 'organizer' 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 organizer or retailer. Where the company acts as an organizer 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 safety reasons. The hirer accepts that the driver shall be the sole judge as to whether and to what extent passengers' property is carried.
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 hirer's responsibility to minimize risk of loss when property is left unattended.
c. The company's liability for loss and damage, however caused, is limited to £500 per bag, case or package and an overall limit of £1000 (overall claim value) maximum per passenger. It is the responsibility of the hirer to ensure that items over this value are insured.
d. Lost property will be held at the company's premises and is subject to the Public Service Vehicle (lost property) Regulations.
18. Conduct of passengers
a. The on-board staff are responsible for the safety of the vehicle at all times and may remove any passenger whose behavior prejudices safety or is in breach of the Public Service Vehicle (conduct of drivers, inspectors, conductors and passengers) Regulations 1990. The hirer is responsible for any damage caused to the vehicle by any passenger for the duration of the hire.
b. 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, and the conditions of entry to racecourses as laid down by the Race Course Association Ltd.
c. Any person in group being ill on coach a £ 35/= valuating charge will be charge to hirer.
19. Complaints
In the event of a complaint, the hirer should seek a solution at the time by asking for assistance from the on-board staff or from the company. If this has not provided a remedy, complaints should be submitted in writing within 14 days of the termination of the hire.
20. Notices
No bill, poster or notice is to be displayed on any vehicle without the consent of the company.
21. Refreshments and Alcoholic Drinks
Only food & beverages provided by the company may be consumed on the vehicle without prior written consent from the company.
22. Surcharges
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 the scale of cancellation charges shown in paragraph 10. The liability of the company will be limited to the cost of the hire and any ancillary services supplied.
23. Data Protection
If you are transferring information to us about your customers who are sole traders or partnerships (other than limited liability partnerships) then you will need to advise such customers of the transfer and the purposes for which such information will be used by us. Set out below are a set of conditions designed to disclose to such customers details of our processing of data about them which they must be made aware of.
There are different ways of communicating these conditions to your customers, such as: inclusion within your terms and conditions of sale and other contract documents, notices inserted in your statements or specific notice by letter. You may wish to consult your legal or other professional advisers about the best way of doing this for your business.
If your customer requests details of “your financiers” in accordance with clause 2 below, you should advise them of our name and address and that they can contact our Information Team on 0800 343435 – but remember you are only required to do this if your customer is a sole trader or partnership.
The following terms have been drafted for use by you in your own documentation, so HSBC Invoice Finance (UK) Limited is referred to as “our financiers”, “they” or “them” throughout.
Data Protection Act 1998
1. We may transfer information about you to our financiers, who:
(a) may use, analyse and assess information about you, including the nature of your transactions, and exchange such information with other members of their group of companies and others for credit or financial assessment, market research, statistical analysis, insurance claim, underwriting and training purposes and in making payments and servicing their agreement with us;
(b) from time to time, may make searches of your record at credit reference agencies where your record with such agencies may include searches made and information given by other businesses; details of their searches will be kept by such agencies but will not be seen by other organisations that may make searches ;
(c) may give information about you and your indebtedness to the following:
(i) our or their insurers for underwriting and claims purposes;
(ii) any guarantor or indemnifier of your or our obligations to enable them assess such obligations;
(iii) their bankers or any advisers acting on their behalf ;
(iv) any business to whom your indebtedness or our arrangements with our financiers may be transferred – to facilitate such transfer;
(d) may monitor and/or record any phone calls you may have with them, for training and/or security purposes;
(e) in the event that they transfer all or any of their rights and obligations under their agreement with us to a third party, may transfer information about you to enable the third party to enforce their rights or comply with the obligations.
2. We will provide you with details of our financiers on request, including a contact telephone number if you want to have details of the credit reference agencies and other third parties referred to above from whom they obtain and to whom they may give information about you.. You also have a right to receive a copy of certain information they hold about you if you apply to them in writing. However a fee will be payable.