1.Applications These conditions apply
whether a contract is made verbally or in writing. The Hirer contracts the
Company upon behalf of the Hirer and as an agent for all passengers travelling
on the vehicle. The Hirer warrants that he/she has the full authority of all
passengers to enter into this contract on their behalf and to accept these
conditions of Hire. The Hirer shall indemnify the Company against any loss
claim, damage, award or settlement which may be made against the Company in
excess of the exclusions and limitations of liability contained in the
Conditions of Hire as a consequence of any lack of authority upon the part of
the Hirer to enter into this contract.
2.Quotations
Quotations are given on the basis of the most direct route and in 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 in the confirmation letter or invoice. All quotations are given
subject to the Company having available a vehicle suiting the Hirer’s requirements
at the time of acceptance of this 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 and the hirer agrees to pay such charges.
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 journey nor to remain available to the Hirer’s incidental use when
parked at such points.
4. Route and Time Variation Should the 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. 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 fails to join a vehicle of the appointed
time.
5. 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
regulations governing drivers’ hours and rest periods can be complied with. The
Operator reserves the right to curtail or otherwise alter any hire which does
not comply with the relevant regulations. Neither the Hirer nor any passenger
shall delay the departure of a vehicle or otherwise interrupt the journey so
putting the driver at risk of breaching the regulations relating to drivers’
hours or work and duty. The Hirer will indemnify the company against any extra
expenses or charges which the company may incur including, but not limited, to
the cost of providing a replacement driver.
6. Seating Capacity The Hirer must ensure
that the number of passengers on the vehicle does not exceed the stated
capacity for that vehicle.
7.
Confirmation Written confirmation by the Company is the only basis for
the acceptance of a hiring or for a subsequent alteration to its terms.
8. Payment Any deposit requested
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.
9.
Cancellation by Hirer Should the Hirer wish to cancel any
arrangement, the following scale of charges shall apply in relation to the
total hire charge. Cancellation due to inclement weather conditions will also
be charged as follows
DAYS PRIOR TO CANCELLATION CHARGE COACH HIRE
6 days or more None
1-5 days 50% of hire
Day of Hire / Arrival of coach 100% of hire
10. Cancellation by the Company In the event of any emergency,
riot, fire, civil commotion, strike, lock out, stoppage or restraint of labour
or on the happening of any event 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. The
Company reserves the right to cancel any booking giving 14 days notice.
11. 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 reserved the right to
substitute other vehicles (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. Equipment in coaches (including radios, audio and
video cassette players, microphone and public address systems, beverage
facilities and toilet facilities) is provided at the discretion of the Company
unless the quotation specifies that any such facilities will be available.
Whilst every endeavor will be made to comply with the Hirer’s subsequent
requests, the Company cannot guarantee to meet any such requests.
12. Breakdown and Delays The Company gives its advice on
journey times in good faith, however, in the event of a breakdown or traffic
congestion, 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.
13. 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 authority. The Hirer will be responsible for the conduct of passengers
and for any damage caused to the vehicle by passengers during the Hire. The
Public Service Vehicle (Conduct of Drivers Inspectors Conductors and
Passengers) Regulations 1990 apply. The Company is not responsible or liable
for lost property, luggage or personal effects. These are carried on our vehicles
at the owners risk. Where appropriate, Hirers should acquaint themselves with
the Sporting Events (Control of Alcohol) Act 1995 and Criminal Justice
(Scotland) Act in addition to the current condition of entry to race courses as
laid down by the Race Course Association Ltd.
14.
Refreshments, Alcoholic Drinks and Smoking Other than on vehicle
fitted expressly for that purpose, food and drink (including alcoholic
beverages) may not be consumed on the vehicle. No smoking is permitted on our
vehicles.
15.
Surcharges The quotation given is based on operating costs at the
date of the quotation, and when more than 30 days elapse between the date of
the quotation and the date of departure, the Company reserves the right to pass
on to the Hirer increases in cost of fuel or other increased costs resulting
from Government action or other factors beyond the Company’s control. However,
the first 2% of certain cost increases will not be passed onto the Hirer.
Please
Note: We do all in our power to have the coaches at the place and time stated
on the day of engagement, but we cannot guarantee or accept liability for
non-appearance of Coaches through unforeseen circumstances such as strikes,
mechanical breakdown, fires etc.
All parties are requested to note the above conditions as we only contract in
accordance with these terms.
Poynters Coaches
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