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 costs incurred in performing the contract, whether or not they actually travel with the party. The company will only accept instructions from the hirer. If, after reading these conditions you do not wish to be bound by the terms and conditions, you have the right to cancel the contract - which must be made in writing within seven days to our registered office at Wise Coaches Ltd, 10 English Business Park, English Close, Hove BN3 7ET.
Quotations are given on the basis of the most 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 clearly be shown on the correspondence between the company and the hirer. 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 and driver only. All parking charges and/or road tolls of any description must be paid by the hirer on the day of travel. Any additional charges will be separately identified and will be the hirer's responsibility unless otherwise specified.
3. Use of Vehicle
The hirer cannot assume use of the vehicle between outward and return journeys, nor for it to remain at the destination for the hirer's 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 than that agreed. The charges will be pro rata and in accordance with the formula of £50 per hour and £2 per mile. The vehicle will depart at times agreed by the hirer, 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 driver and/or hirer.
5. Driver's 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 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. Any additional 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. Seat Belts / Conveyance of Children and Animals
All passengers aged fourteen and over are always legally responsible for putting on and wearing their own seat belts. The regulations do not at this time require children less than fourteen years of age to wear a seat belt in a coach. Seat belts should be worn as tight as possible, go over the pelvic region not the stomach and the diagonal strap should rest over the user’s shoulder, not their neck. Children under three years of age should not wear the supplied seat belt as the belt could do more harm than good in an emergency situation. Children under four years of age should sit next to an adult. Children under five years of age should never sit in an 'exposed' seat such as the front seats, centre-rear or any seat without another seat in front of it - in addition, they are allowed to sit on the lap of an accompanied adult at all times, however, they are not then legally classified as a passenger and as such are carried entirely at the risk of the accompanying adult. 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.
Normally, email confirmation and the receipt of an invoice from the company is the only basis for the acceptance of a hiring or for a subsequent alteration to its terms.
All deposits, balances and full payment requests must be paid by the date stated unless otherwise agreed by the company in writing. If any payment is not received by the due date, the company reserves the right to either cancel the booking or add interest at the rate of 3% compound interest per calendar month, after the date by which payment should have been made.
10. Cancellation by Hirer
a. If the hirer wishes to cancel for any reason, the following scale of charges will apply in relation to the total hire charge.
57 days or more prior to coach hire - No charge
43 to 56 days - 10% of total hire charge subject to a minimum of £50
29 to 42 days - 25% of total hire charge
15 to 28 days - 50% of total hire charge
8 to 14 days - 75% of total hire charge
7 days or less - 100% of total hire charge
b. The cost of accommodation, meals and entrance or travel 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. c. Cancellation due to inclement weather conditions will be charged as above. d. 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, 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 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 or vehicles (including those of other operators).
13. Breakdown and Delays
The company gives its advice 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 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 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 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 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, 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 acts as an 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 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 the risk of loss when property is left unattended. c. The company's liability for loss and damage, however caused, is limited to £500 per bag, case or package and 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 and damage. d. 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.
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 or soiling 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) Act 1985, and the conditions of entry 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 should be submitted in writing and within 14 days of the termination date of the hire.
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 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.
21. Surcharges 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 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 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 the hire and any ancillary services supplied.
22. Deep Vein Thrombosis (DVT) Before you undertake a coach journey of more than 3 hours, you should consult with your doctor if you have:- (a) Ever had DVT or pulmonary embolism; (b) A family history of clotting conditions; (c) An inherited tendency to clot; (d) Cancer, or treatment for cancer in the past; (e) Undergone major surgery in the last 3 months; (f) Had hip or knee replacement within the last 3 months; (g) Ever suffered from a stroke, heart or lung disease. The following information is recommended by the relevant UK Health Departments:- (a) Be comfortable in your seat. (b) Bend and straighten your legs, feet and toes every half hour or so whilst seated. (c) Press the balls of the feet down hard against the floor or footrest to increase blood flow in the legs and reduce clotting. (d) Perform upper body and breathing exercises which can further improve circulation. (e) Drink plenty of water. (f) Drink alcohol only in moderation as it leads to dehydration and immobility. (g) Avoid taking sleeping pills, which also cause immobility.