Linburg Touring Ltd – (“The Company”)
Conditions of Private Hire –
These Conditions do not apply to transport provided as part of a package (as defined by the Package Travel, Package Holidays and Package Tour Regulations 1992) organised by the Company.
These Conditions apply whether a contract has been made verbally or in writing. The hirer acts on behalf of all the 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 and decisions of all the passengers on board including any additional cost incurred in performing the contract, whether or not they actually travel with the party.
If the hirer is not travelling 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 the 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 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 hrs of receiving these conditions.
These 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.
All quotations are given subject to the Company having available a suitable vehicle available at the time the hirer accepts the quotation. Quotations are valid for 7 days unless otherwise notified.
Quotations are given for coach and driver only. Any additional charges will be the hirer’s responsibility unless otherwise specified.
3. Use of the vehicle
The hirer cannot assume use of the vehicle between outward and return journeys, nor that it will remain at the destination for the hirers use unless this has been agreed with the Company in advance.
4. Route and time variation
The Company reserves the right to levy additional charges for additional mileage or time to that agreed. The charges will be pro rata and in accordance advised on the booking confirmation.
The Company will endeavour to ensure that the vehicle will depart at times agreed with the hirer, but in the event of any emergency, riot, civil commotion, strike, stoppage, restraint or lack of supply of labour or on the event of any happening over which the Company has no control (including adverse weather conditions or road conditions)then the Company reserves the right to delay departure times or journey schedules. It is however the responsibility of the hirer to account for all passengers at the scheduled departure times.
5. 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 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. 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 costs will be as in condition 4.
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 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.
Normally, written confirmation by the Company is the only basis for the acceptance of a hiring for subsequent alterations to its terms.
Any deposit requested must be paid by the date stated, and payment in full must be made before the start of the hire unless agreed by the Company. The Company reserves the right to add interest at a rate of 2% per annum above the best rate of the HSBC bank calculated on a daily basis, from the date by which payment should have been made.
10. Cancellation by the Hirer
|a)||If the hirer wishes to cancel any agreement, the following scale of charges will apply in relation to the total hire charge:|
|31 days or more||10% of hire|
|21-30 days||15% of hire|
|7-20 days||25% of hire|
|4-6 days||50% of hire|
|Day of hire before coach arrives at|
departure point or 1 to 3 days
|85% of hire|
|Day of hire after arrival of coach at|
|100% of hire|
|a)||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.|
|b)||Cancellation due to inclement weather conditions will be charged as above.|
|c)||Theatre tickets, or other such ancillary service, once purchased are not returnable and must be paid for in full.|
11. Cancellation by the Company
In the event of any emergency, riot, civil commotion, strike, stoppage, restraint or lack of supply 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 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. 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, in which case an additional pro rata charge will be made to the hire charge|
|b)||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.|
13. Breakdown and Delays
The Company gives its advice on journey times in good faith. However, as a result of breakdown, traffic congestion or other events beyond reasonable control of the Company, journeys may take longer than predicted and 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 the 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 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 actions.
15. Package Travel Regulations
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 and as such may be required to comply with the provisions of those Regulations.
In this instance, the Company cannot accept liability 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 organiser or retailer, it will issue separate conditions of trading relating to its liabilities and responsibilities under the Regulations.
16. 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. Large bulky items may not be able to be carried, and the hirer should take all steps to notify the Company in advance of such requirements.|
|b)||The Company accepts any personal property of the hirer and their passengers on the understanding that it will take 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|
|c)||The Company does not however accept liability for loss and damage to property, however caused. It is the responsibility of the hirer to ensure that items are insured separately for loss and damage.|
|d)||The limits in this section do not apply to personal injury claims.|
|e)||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.*|
17. Conduct of Passengers
|a)||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 1990. 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 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 Sporting Events (Control of Alcohol) Regulations 1995 and the conditions of entry to race courses as laid down by the Race Course Association Ltd.*|
In the event of a 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 from 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. Refreshments and Alcoholic Drinks
Other than on the 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.
Once a confirmation has been issued to the hirer, provided there are 30 days prior to the departure date, the Company reserve 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 working 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 hire and any ancillary service supplied.
*The Company will provide details of legislation and restrictions on request.