Conditions of Private Hire
The Operator is Cumbria Coaches Limited. The hirer is the person, company, club or group hiring the vehicle.
These conditions apply whether a contract has been verbally, via e-mail or in writing. The hirer acts on behalf of all 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 & decisions of all passengers on board including any additional costs incurred in performing the contract, whether or not they actually travel with the party. If the hirer is not going to travel with the party, a representative must be chosen, & the company informed prior to the hire taking place. The company will only accept instructions from the hirer or their nominated representative. Where a copy of these conditions has been given to the hirer at any time, or the hirer has been advised verbally of all significant terms, making a booking will be deemed to signify acceptance of them. Where a hirer makes a booking before receiving these conditions & without being advised of all significant terms, the hirer may cancel the contract without liability to the operator within 48 hours of receiving these conditions. Otherwise, the hirer will be deemed to accept these conditions.
Quotations are given on the basis of the direct route & on the information you provide 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 available a suitable vehicle at the time the hirer accepts the quotation. Quotations are valid for 28 days unless otherwise notified. Quotations are given for coach & driver only. Any additional charges will be separately identified & will be the hirer’s responsibility unless otherwise specified.
3. Use of Vehicle
The hirer cannot assume the use of the vehicle between outward & return journey’s, nor that it will remain at the destination for the hirer’s use unless this has been agreed with the company in advance.
4. Route & Variation
The company reserves the right to levy additional charges for additional mileage or time than that agreed. The charges will be pro rata & accordance with the formula advised on the booking confirmation. The vehicle will depart at the time agreed by the hirer, & 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 the instructions given by the hirer.
5. Drivers Hours
The hours of operation for the driver are regulated by the law, & the hirer accepts the responsibility of ensuring the hire keeps to the hours& times agreed by the company. Neither the driver nor the passengers shall delay or otherwise interrupt the journey in such a way that the driver is at risk of breaching regulations relating to driving hours & 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 & specify the legal seating capacity of the vehicle supplied. The hirer must not load the vehicle beyond this capacity.
7. Conveyance of Animals
On a private hire, no animals (other than guide dogs & 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 acceptance of a hire of for a subsequent alteration to its terms.
Any deposit requested must be paid by the date stated, & payment in full must be made before the start of the hire unless otherwise agreed by the company. The company reserves the right to add interest at the rate of 5% above the base rate of The Clydesdale Bank PLC, calculated on a daily basis, from the date by which payment should have been made. Payment must be made in full prior to departure. Exceptions may be made to this with the prior consent of the company when payment may be made seven days after the coach returns or within seven days of the invoice date. Credit Accounts are at the discretion of the company after completion of the Company Credit Application Form, when payment would then be thirty days from the date of invoice.
10. Cancellation by Hirer
- 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
- 10 Days or more 20% of hire
- 6-9 Days 40% of hire
- 3-5 Days 55% of hire
- 1-2 Days 70% of hire
- Day of hire Minimum of 85% of hire
- Arrival of coach at departure point 100% of hire
11. 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 has no control (including adverse weather, medical & 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 & without further or other liability, cancel the contract.
12. Vehicle to be Provided
- 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 rate charge will be made to the hire charge.
- 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 of at least equivalent quality. Except in the case of mechanical failure where the hirer will be given the choice of cancelling the booking or accepting an alternative vehicle. Where a vehicle of equivalent standard in not available.
13. Breakdown & Delays
The company gives its advise 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 & in those circumstances the company will not be liable for any loss or inconvenience suffered by the hirer as a result.
14. Agency Arrangements
Where the company hires in vehicles from other operators at the request of the hirer & 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 & on behalf of the hirer. Any terms & conditions imposed by such other suppliers through the company shall, in so far 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 & conditions brought about by the hirers actions.
15. Package Travel Regulations
If the hirer organises other elements of a pack in addition to the provision of transport, the hirer may be defined as an ‘organiser’ or a ‘retailer’ for the purpose of the Package Travel, Package Holidays, & Package Tour Regulations 1992 & 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, & the company cannot accept liability for loss or damage incurred that should have been the responsibility of the hirer if the hirer was legally defined organiser or retailer.
Where the company (operator) acts as an organiser or retailer, it will issue separate conditions of trading relating to its liabilities & responsibilities under the regulations.
16. Passengers Property
- 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 & to what extent Passengers property is carried. Large bulky items may not be able to be carried, & the hirer shall take all steps to notify the company in advance of such requirements.
- The company accepts any personal property of the hirer & 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.
- The company’s liability for loss & damage to property, however caused, is limited to £500 per bag, case or package with 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 separately for loss & damage. Handles coming off, or further damage to already defective luggage is not covered.
- The limit in this section do not apply to personal injury claims.
- All articles of lost property recovered from the vehicle will be held at the operators premises where the vehicle is based, & it will be subject to current Public Service Vehicle (Lost Property) Regulations. The company will provide details of this legislation on request.
17. Conduct of Passengers
a. The driver is responsible for the safety of the vehicle at all times, & as such may remove any passengers whose behaviour prejudices safety or is in breach of the Public Service Vehicle (Conduct of Drivers, Inspectors, Conductors & Passengers) Regulations 1990. These regulations set out certain rights & responsibilities on all parties, & full details of these can be obtained from the company on request. 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) Regulations 1995, & 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 & within 14 days of the termination date of the hire.
No bill, poster or notice is to be displayed on any vehicle without the written consent of the company.
20. Refreshment & Alcoholic Drinks
Other than on a vehicle fitted expressly for that purpose, food, (except confectionary) & drink (including alcoholic beverages) may not be consumed on the vehicle without prior written consent from the company.
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 Government of the UK & other countries to be visited during the journey, road tolls, & 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 of the company to the cost of the hire & any ancillary services supplied.
22. Additional Charges
The company reserves the right to charge the hirer for cleaning of Vomit, Human Blood, Human Waste, & Excessively Soiled vehicles caused by the hirer. The charge applied to the hirer will be £50.00 & payment is expected under our terms & conditions.
The company also reserves the right to charge the hirer for any damage caused to any vehicles provided by the company to the hirer, whether caused by the hirer or any passengers responsible to the hirer. The company will repair all damage at the company’s discretion & at the company’s choice of repairers.