Terms & Conditions
In these Conditions "the Company" means East Coast Travel Limited, 8 Dove Way, Kirkby Mills Industrial Estate, Kirkbymoorside, YO62 6QR and "the Hirer" means the person or Company recorded and confirmed on the booking file. These conditions apply whether a contract has been made verbally or in writing. The hirer contracts with the Company upon behalf of the hirer and as an agent for all passengers travelling upon the vehicle. The hirer expressly warrants that he has the full authority of all passengers to enter into this contract upon their behalf and to accept these Conditions of Hire.
Quotations are given on the basis of the most direct route and on the information given by the Hirer. The route used will be at the discretion of the company unless the Hirer has requested a particular route, which will be specified on the Confirmation Letter.
All quotations are given subject to the Company having available a vehicle suiting the Hirer's requirements at the time of acceptance of the quotation.
Quotations are valid for 28 days from issue unless some other period is specified.
Unless otherwise stated admission charges, meals, accommodation and coach parking charges are not included in the quoted price.
3. USE OF VEHICLE
Unless confirmed in writing by the Company the vehicle should not be assumed to remain at any point between the outward and return journeys nor to remain available for the Hirer's incidental use when parked at such points.
4. DRIVERS HOURS AND REST PERIOD REGULATIONS
The hours agreed with the Operator for the operation of any hire must be strictly observed (other than in the case of serious emergency or diversion) so that current regulations governing drivers hours and rest periods can be applied with. The operator reserves the right to curtail or otherwise alter any hire which does not com-ply with the relevant regulations.
5. SEATING CAPACITY
The Hirer must not load any vehicle beyond the number of passengers which it is legally permitted to carry, but with the prior written agreement of the Company children under the age of 3 may sit on an adults lap during the journey, however the limit is 5 per vehicle. All children over the age of 3 must have their own seat.
6. CONVEYANCE OF ANIMALS
On a private hire no animals (other than Guide Dogs notified to the Company in advance) may be carried on any vehicle without prior written agreement of the Company.
Normally verbal confirmation by the Company is the only basis for the acceptance of a hiring however written confirmation may be made for a subsequent alteration to its terms. A 10% deposit is required from the Hirer to confirm all work. A booking may not be deemed as confirmed until the Company is in receipt of cleared funds for the deposit or full payment.
Any requested deposit must be paid by the time stated and payment in full must be made before the start of the hire unless the Company has agreed in writing to a variation in this condition. The Company reserves the right to add interest at the rate of 2% interest per day after the date by which payments should have been made.
9. CANCELLATION BY HIRER
In the event of cancellation by the Hirer the company shall be enti-tled to retain wholly any deposit paid, in the event of cancellation 7 days or less before departure 50% of the hire cost may be charged.
Accommodation, meals, parking charges, tolls etc. or any other expenses in relation to the hire will be charged by the company to the hirer.
Cancellation due to inclement weather conditions will be charged as above.
10. 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 and road conditions) or in the event of the Hire 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.
11. ROUTE AND TIME VARIATION
(11.1) Should a vehicle be detained by the Hirer or taken on a longer journey than that contracted for, the Company reserves the right to make an additional charge commensurate with the costs incurred.
(11.2)The vehicle will depart at times agreed with the hirer and the Company will not be liable for any loss or injury sustained by any passengers who fail to join a vehicle at the appointed time.
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. The Company reserve the right to substitute other vehicles (including those of other operators). Equipment within the coaches including radios, audio and DVD players, microphone and public address systems, beverage facilities and toilet facilities are provided at the discretion of t e Company unless the quotation specifies that any such facilities will be available. Whilst every endeavour will be made to comply with the Hirer's subsequent requests the Company cannot guarantee to meet any such requests.
13.BREAKDOWN AND DELAYS
The Company gives its advice on journey times in good faith and does not guarantee the completion of any journey in any specific time and will not be liable for loss or inconvenience caused by the actual journey time in the event of breakdown or other mechanical failure. Following its breakdown and emergency procedures the Company will arrange for alternative transport to the Hirers final destination if recovery time is deemed unreasonable.
14. AGENCY ARRANGEMENTS
Where the Company hires in vehicles from other operators at the request of the Hirer, and where the operator arranges ancillary facilities such as meals, accommodation, 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 be binding on the Hirer as if he had directly contracted such services.
15. PASSENGERS PROPERTY
All vehicles hired out by the operator are subject to restrictions as to their carrying capacity as imposed by statute. The hirer accepts that the driver shall be the sole judge as to whether and to what extent passengers luggage and effects can be carried.
The Hirer agrees that the carriage of passengers luggage or effects remain at the sole risk and responsibility of the passenger concerned and the Company shall not be liable for any loss or damage of such baggage or effects of whatsoever nature and howsoever caused including negligence.
Should notwithstanding the above it be held by any Court of law that the Company becomes a bailee of the luggage and effects then the Company's liability for loss and/or damage of whatsoever nature and howsoever caused including negligence shall be limited to the sum of £50.00per bag, case or package.
(15.4)The Company does not accept liability for any damage to or loss of any property left upon the vehicle by a passenger whether or not with the knowledge of the Company, its servants or agents. All articles of lost property recovered from the vehicle will be held at the Company s depot at which the vehicle is based and is subject to the Public Service Vehicles (Lost Property) Regulations 1987 (S.1978 No 1684) and the Public Service Vehi-cles (Lost Property) (Amendment) Regulations 1981 (S.I. 1981 No. 1632).
16. CONDUCT OF PASSENGERS
The driver is responsible for the safety of the vehicle. Any passenger whose conduct is in breach of statutory regulations may be removed from the vehicle or prevented from boarding on the driver s authori-ty. The Hirer will be responsible for the conduct of passengers and for any damage caused to the vehicle by passengers during the hire.
Where appropriate, the Hirer should acquaint themselves with the Sporting Events (Control of Alcohol) Act 1985 and current conditions of entry to race courses as laid down by the Race Course Association Ltd.
Any complaints in respect of the Company's services should be made in writing to the company's office within 14 days.
No bill, poster or notice to be displayed on any vehicle without the consent of the Company.
19. REFRESHMENTS AND ALCOHOLIC DRINKS
Other than on a vehicle fitted expressly for that purpose, food (except confectionary) and drink (including alcoholic beverages) may not be consumed on the vehicle without the prior written consent of the Company.
20 . SURCHARGES
The quotation given is based on operating costs at the date of the quotation and when more than 28 days elapse between the date of the quotation and the date of departure, the Company reserve the right to pass on to the Hirer any increase in the cost of fuel or other increased costs resulting from Government action or other factors beyond the Company's control.
21. ENGLISH LAW
This Contract is governed by English law.