- Tel: 01833 630730
- Fax: 01833 630830
- Email: coaches@hodgsonsgroup.com
CONDITIONS OF HIRE
PRIVATE HIRE
1.APPLICATION
1.1These terms and conditions apply to all private hire contracts entered into by Hodgsons Coach Operators Ltd (the “Company”) (not forming part of a package, as defined in the Package Travel, Package Holidays, and Package Tours Regulations 1992) whether a contract has been made verbally or in writing.
1.2 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.
1.3 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. The company will only accept instructions from the hirer or their nominated representative.
1.4 Where a copy of these terms and conditions has been given to the hirer at any time prior to the hirer making a booking, or the hirer has been advised verbally of all significant terms prior to making a booking, making a booking will be deemed to signify the hirer’s acceptance of them.
1.5 Where a hirer makes a booking before receiving these conditions and without being advised verbally of all significant terms, the hirer may cancel the contract without liability to the operator within 48 hours of receiving these terms and conditions. Otherwise, the hirer will be deemed to accept these terms and conditions.
2. QUOTATIONS
2.1 Quotations are given on the basis of the 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 provided by the Company.
2.2 All quotations are given subject to the Company having available a suitable vehicle at the time the hirer accepts the quotation.
2.3 Quotations are given for coach and driver only. Any additional changes will be separately identified and will be the hirer’s responsibility unless otherwise specified.
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.
3. USE OF THE VEHICLE
The hirer cannot assume the use of the vehicle between outward and return journeys, nor that the vehicle will remain at the destination for the hirer’s use unless this has been agreed with the Company in advance.
4. ROUTE AND TIME VARIATION
4.1 The Company reserves the right to levy additional charges for additional mileage or time to that agreed.
4.2 The vehicle will depart at times agreed between the hirer and the Company (or the driver), 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.
4.3 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.
5.DRIVERS HOURS
5.1 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 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 duty time.
5.2The Company reserves the right to curtail or otherwise alter any hire which does not comply with the relevant regulations.
5.3 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. The calculation of any additional costs will be as in condition 4.2.
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 this capacity.
7. 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.
8. CONFIRMATION
Normally, written confirmation by the Company is the only basis for the acceptance of a hiring or for a subsequent alteration to its terms.
9. PAYMENT
Any booking deposit requested must be paid by the date stated, and 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 2% per annum above the base rate of National Westminster Bank plc calculated on a daily basis from the date by which payment should have been made until the date payment is made.
10. CANCELLATION BY HIRER
10.1 Subject always to condition (1.5) if the hirer wishes to cancel any contract 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:
|
Notice Given |
Charge Single Vehicle |
Charge More than one vehicle |
|---|---|---|
|
10 days or more |
Deposit |
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 departure point |
100% of hire |
100% of hire |
10.2 The cost of accommodation, meals and theatre tickets which have 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.
10.3 The Company reserves the right to apply any monies received (including, without limitation, any booking deposit received pursuant to condition 9) from the hirer (or part thereof) against any charge levied pursuant to any other terms and conditions (including, without limitation, conditions 10.1 and 10.2).
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 other event over which the Company has no control (including, without limitation, 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.
12. VEHICLES TO BE PROVIDED
12.1 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.
12.2 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 substitute vehicle(s) being of at least equivalent quality.
13. BREAKDOWN AND DELAYS
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. 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, 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, and 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.
15. PACKAGE TRAVEL REGULATIONS
15.1 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. Where the Company agrees to act as an organiser or retailer, it will issue separate conditions of trading relating to its liabilities and responsibilities under the regulations.
16. PASSENGERS PROPERTY
16.1 All vehicles hired by the Company are subject to restrictions on carrying luggage for statutory safety reasons. The hirer accepts that the driver shall be the sole judge 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 at such requirements.
16.2 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 hirer’s responsibility to minimise risk of loss when property is left unattended.
16.3 The Company’s liability for loss and damage to property, however caused, is limited to £250 per bag, case or package, with an overall limit of £500 (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.
16.2 The Company is unable to accept any liability for loss or damage to any property left unattended on board a vehicle.
16.3 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 request.
16.4 A standard administration charge of £10 is payable for the handling of all items of lost property, plus additional postage/courier charges(payable in advance) if the items are NOT collected directly from our Lost Property Department in Barnard Castle DL12 8BG
17. CONDUCT OF PASSENGERS
17.1 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 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.
17.2 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.
17.4 The hirer is responsible and shall indemnify the company for any soiling events of the coach (including but not exclusive to Vomit, Urination, Defication, Spilled liquids etc.) The minimum charge payable for deep cleaning/sanitising our vehicles is £100 per soiling event. The Company will provide details of these charges on request.
17.3 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. COMPLAINTS
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 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 normally reply fully within 28 days.
19. NOTICES
No bill, poster or notice is to be displayed on any vehicle without the written consent of the Company.
20. REFRESHMENTS AND ALCOHOLIC DRINKS
No food (except confectionery) or drink (including alcoholic beverages) may be consumed on the vehicles without prior written consent from the Company.
21. SMOKING
The Company operates a strict no smoking policy (including the use of E cigarettes and variations) on all vehicles. The hirer should make all passengers aware of this condition prior to the date of hire.
22. DRUGS
The carriage and/or use of non-prescribed drugs is strictly forbidden whilst travelling on the Company’s vehicles.
23. SEATBELTS
All passengers must wear seat belts at all times whilst the vehicle is in motion. The hirer should make all passengers aware of this condition prior to the date of hire.
24. SURCHARGES
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 condition 10.1 may apply. No surcharges will be applied within 7 days of the departure date.
