CONDITIONS OF HIRE – J&B TRAVEL LTD
These conditions “the Company” means J & B Travel Ltd Woodbottom Mills Low Hall Road Horsforth Leeds Ls18 4 EF
- “The Hirer” means the person named in the Companies recorded and confirmed booking file.
- These conditions apply whether a Contract is made verbally or in writing. The Hirer contracts with the company on behalf of the Hirer and as agent for all passengers travelling and warrants that he has the full authority of all passengers to enter into this Contract and to accept these Conditions of Hire on their behalf.
- Quotations are based upon a route chosen at the discretion of the Company unless route specified by the Hirer
- Quotations are valid for 28 days unless some other period is specified on the quotation
- All Quotations are given subject to the Company having available a vehicle suiting the Hirers requirements at the time of acceptance of the Quotation.
- Should the Company incur any unforeseen or abnormal cost increases the Company shall be entitled to amend the price of the Hire to include them.
- Unless otherwise stated meals /accommodation not are not included in the quotation
- Written/faxed/email confirmations by the Hirer are the only basis for the acceptance of a hiring by the Company or any alterations to its terms.
- Deposit and Cancellations
- In the event of cancellation by the Hirer the Company shall be entitled to retain any deposit paid.
- In the event of cancellation by the Hirer after the Company has incurred any expense in relation to this Agreement the Company shall be entitled to recover such expense.
- In event of cancellation by hirer 14 days before departure 50% of hire will be charged any less full amount will be charged.
5.4 In the event of an emergency, riot, civil commotion, strike, lock out, 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 action to vary the agreed conditions unilaterally, the Company may (without prejudice to its other rights under this Agreement) by returning all money paid and without further or liability, cancel the contract.
- Value Added Tax
All Quotations and sums referred to in this Agreement are exclusive of VAT and the Hirer will pay all applicable VAT in addition.
- Extensions or Alterations
If the Hirer shall request any extension to or alteration of the journey or hours the Company shall be entitled to payment of a reasonable additional charge pro rata to the agreed price
Unless otherwise agreed by the Company in writing the hire charge shall be
Paid to the Company not less than seven days prior to departure and upon
Production of a postage stamp the Company will issue a receipt.
- The Company reserves the right to provide a larger vehicle at no extra charge, unless any of the extra seats are used. If extra seats are used the Company shall be entitled to charge an additional sum on a pro rata basis
- The Company shall be entitled to substitute a different vehicle or vehicles (including those of other operators) subject to the substitute being of similar quality.
- Unless agreed in writing by the Company, the Company shall have no obligation to permit incidental use of a vehicle once it has arrived at its destination and shall have no obligation to ensure that vehicles remain parked at any point between the outward and inward journeys.
- 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.
- Equipment within the vehicle (including radios, audio and video cassette players, microphone and public address, beverage facilities and toilet facilities) are provided at the discretion of the 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.
- Driver Hours Regulations
- The agreed hours of hire must be strictly observed (other than in a case of serious emergency or diversion) to enable Regulations governing drivers hours and rest periods to be complied with. The Company reserves the right to curtail or alter any hire which does not comply with the relevant Regulations. If any action on the part of the Hirer or any passenger shall delay the departure of a vehicle or interrupt the journey so as to put the driver at risk of breaching the Regulations the Hirer will indemnify the Company against expenses incurred by the Company including, but not limited to, the cost of providing a replacement driver.
10:2 Due to the road transport working time directive all coaches will only be available to passengers at the allocated time when at there destination for the period stated when booking made.
- The Hirer:-
- Must not load any vehicle beyond the number of passengers which it is legally permitted to carry.
- Must not permit any animals (other than guides dogs of which the company has been notified in advance) to be brought on to any vehicle without informing the Company.
- Must not display any placards, bills or posters without prior written consent of the Company.
- Will be liable for the conduct of all passengers and for the cost of any repairs to the vehicle caused by the behaviour of any passengers during the hire
- Must, where appropriate, acquaint themselves with and comply with sporting events (Control of Alcohol Act)1985 and the Criminal Justice (Scotland)Act in addition to the current conditions of entry to race courses as laid down by the Racecourse Association Limited.
- Shall be fully responsible for the proper supervision of and the conduct of all minors travelling on any vehicle and the Company and its driver shall have no responsibility for such supervision or conduct.
- The Company:-
- Reserves the right (and authorises its drivers) to remove from the vehicle or prevent from boarding any passengers whose conduct is in breach of Statutory Regulations or who in the opinion of the Company or its servants may cause inconvenience or danger to other passengers or damage to the Company’s property, and the Company shall have no liability for any loss or delay caused by reason of the exercise of this right.
- Gives no authority to its driver to waive or vary any of the terms of this Agreement to extend or vary any liability of the Company.
- Gives advice on journey times in good faith. However in the event of breakdown or traffic congestion beyond the reasonable control of the Company the Company will not be liable for any loss or inconvenience thereby caused.
- Shall be entitled at its discretion to refuse to carry on the vehicle excessive quantities of luggage and effects.
- Will hold at the Company’s premises any articles of lost property recovered from the vehicle and will comply with the current Public Service Vehicle (Lost Property) Regulations.
- The Company’s liability for loss and damage of whatever nature and howsoever caused in respect of passengers luggage and effects, including negligence, shall be limited to the value of the luggage and effects or the sum of £50 per bag, case or package, whichever shall be the lower. The Company will, at the written request of the Hirer, arrange additional insurance.
- The Company will under no circumstances be liable for any indirect or consequential loss of whatever nature or howsoever caused.
- Without prejudice to clause 13.1 the entire liability of the Company resulting from or relating to the hire shall be limited to the total cost of the hire (save that the Company’s liability in respect of death or personal injury due to negligence shall be unlimited).
- Agency Agreements
Where the Company hires in vehicles from other operators at the request of the Hirer, or where the operator 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, in so far 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 the loss, claim, damage, award or settlement which may be made against the Company in respect of any breach of suppliers Terms and Conditions brought about by the action of the Hirer or any passenger.
Any complaints in respect of the Company’s service should be made in writing to the Company’s Office within 14 days
- This agreement is governed by English Law.