CONDITIONS OF HIRE
These are the conditions of hire of Osprey Coaches LTD (hereinafter called ‘the company’). They form the basis of the contract under which the company agrees to hire its vehicles to the customer (hereinafter called ‘the hirer’).
1. APPLICATION
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. 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.
2. QUOTATIONS
Quotations are made subject to a vehicle suiting the hirer’s requirements being available at the time of quotation. Quotations are based on cost prevailing at the time and in accordance with details provided by the hirer. Quotations are valid for 7 days from issue or for any period specified. Unless otherwise stated, admission charges, and parking charges at special events, are not included and the customer will be required to pay these on the day of travel. The price quoted does not include Driver Gratuities and parking charges which if applicable you will be required to pay on the day of travel to the venue directly or in the event, we have pre-booked parking as required by the venue you will be required to pay the driver cash or we will re-invoice you for the parking charges. We reserve the right to withdraw any quotations prior to or at the time of acceptance without any further or liability, cancel the contract.
3. USE OF VEHICLE
Unless previously agreed by the company, the vehicle is not available for the use of the hirer other than for the journeys and times stated. The vehicle may also be withdrawn if the group are more than 30 minutes late for the requested pickup time or 15 minutes late for the requested return time. In this event, no liability can be accepted for the cost of alternative transport. In this instance no refund will be issued. There are restrictions on advertising of local private hire; the company can advise on the matter if so required. If any parking fines or tickets being are incurred due to restrictions at any requested pickup locations the company reserves the right to recharged these costs to the hirer.
4. DRIVERS HOURS AND REST PERIODS
The hours agreed with the company for the operation of any hire(s) must be observed (other than in case of serious emergency or division) so that current regulations governing driver's hours and rest periods may be complied with. The company reserves the right to curtail or otherwise alter any hire which does not comply with the relevant regulations. 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.
5. SEATING CAPACITY
Not more than the maximum number of passengers indicated may be carried on each vehicle. The hirer must not load the vehicle beyond this capacity. In the interests of safety, children must not be seated by the doors and at least one adult should occupy a seat at the rear of the vehicle. Seat belts are provided for your safety and should be worn at all times. For some hiring, it may be possible to carry an additional number of children aged 14 years or less but only with the prior written agreement of the company.
6. CONVEYANCE OF ANIMALS
No animal may be carried on any vehicle without the prior agreement of the company.
7. CONFIRMATION
Written confirmation by the company is the only basis for the acceptance of a hiring or for a subsequent alteration in its terms or movement details.
8. PAYMENTS AND REFUNDS
Any requested deposit must be paid by the time stated, and payment in full must be made at least 10 working days before the start of the hire unless the company has agreed in writing to a variation in this condition. Larger bookings may require payment in full 30 days prior to travel. If this is required it will be stated in your invoice and booking confirmation. If payment has not been received in full 5 working days before the start of the hire the company reserves the right to cancel the booking and enforce the cancellation by hirer terms laid out in section 9 of the company’s Conditions of Hire. The company reserves the right to add interest at the of 2% compound interest per calendar month, after the date by which payment should have been made. Once a payment has been made to the company if in the event of any amendments or cancellation by the hirer only a credit note will be issued for the balance due and not a cash refund. Credit notes, unless otherwise agreed by the company in writing, are valid for any booking made within 6 months from the date of issue. The date of travel for any new booking must be within 12 months from the date of issue of the credit note for it to be redeemable. The credit note is for use with future bookings only and is not redeemable for a cash refund. All unused credit notes, unless otherwise stated on the credit note, expire 6 months after the date of issue and are automatically void with no further refunds being due.
9. CANCELLATION BY HIRER
In the event of cancellation by the hirer, the company reserves the right to retain any deposit. The hirer shall be liable to the company for any losses incurred by the company as a result of the cancellation costs not exceeding the full cost of hiring.
a) If the hirer wishes to cancel any agreement, the following scale of charges will apply in relation to the total hire charge:
Days Prior To Coach Hire: Cancellation Charge
32 days or more Deposit or 20% of hire
15 - 31 days 25% of hire
8 - 14 days 50% of hire
4 - 7 days 85% of hire
3 Days - Day of hire 100% of hire
b) The cost of accommodation, meals, theatre tickets and other such ancillary goods or services 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 goods and services are not returnable, must be paid for in full.
10. CANCELLATION BY THE COMPANY
In the event of any emergency of force majeure or of any action by the hirer to vary the agreed conditions unilaterally, the company may be returning all monies paid and without further or liability, cancel the contract.
11. CHANGE OF VEHICLE
The company reserved the right to provide a larger vehicle than that specified but at no additional charge unless extra seats are required. The company reserves that right to substitute other vehicles of similar quality, including those of other operators, for all or part of the hiring.
12. ROUTE AND TIME VARIATION
Should a 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 commensurate with costs incurred. During the hiring, the driver must be the judge of reasonableness of any request for a change of route or time. In any event, the vehicle(s) will depart at the agreed time and the company will not be liable for any loss or injury sustained by a passenger failing to join the vehicle at the appointed time. Drivers have the sole discretion as to the suitability of roads or locations that a vehicle can enter or travel through. No liability can be accepted if a vehicle is unable to complete a journey due to the unsuitability of a road or location.
13. BREAKDOWN AND DELAYS
The Company gives its advice on journey times 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. In no circumstances shall the Company be liable for any loss of actual or potential turnover, business or profits suffered by the hirer or any related costs and expenses.
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 contractor, it does so as an agent for and on behalf of the hirer. Any terms and conditions imposed by such other contractors through the company shall be binding on the hirer as if he had directly contracted such services.
15. PASSENGERS PROPERTY
Unless previously agreed with the company, the driver has discretion as to the carriage of passengers’ luggage and its storage. The company will not accept liability for any damage to or loss of any property which belongs to any passengers and is left in a vehicle. All articles of lost property recovered from a vehicle will be held at the depot for one month only on which the vehicle is based.
16. 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, and accepts responsibility for any any associated repair costs. The hirer is also responsible to ensure that the vehicle is left in a reasonable condition and not in a soiled state. The company reserves the right to withdraw all services in the event of unruly conduct by passengers or damage caused to company vehicles as well as seek compensation for any damages and reserve the right to charge a cleaning fee of up to £150 per vehicle should the company see fit. If a vehicle is hired with a toilet it is for urinal use only. Defaecation will incur a £100 cleaning charge and any damage through foreign objects will incur the full repair costs. No alcohol will be consumed on the vehicle at any time without the prior written consent of the company. Anyone caught doing so, is liable to be removed from the vehicle without any further liability from the company and no refund would be due.
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) Regulations 1995, and the conditions of entry to racecourses as laid down by the Race Course Association Ltd. The company will provide details of these restrictions on request.
c) The company will not carry passengers to events involving alcohol such as weddings, boozy stag/hen parties, nightclubs/pubs etc. If this is not mentioned when booking may result in passengers being left at the pickup point or at their destination. In this instance no refund will be issued.
17. COMPLAINTS
Any complaints in respect of the company’s services should be made in writing via emailing info@ospreycoaches.com as soon as possible but within a maximum of 14 days from the date of hire.
18. NOTICES
No bill, poster, sign or notice is to be displayed on any vehicle without the written consent of the company.
19. REFRESHMENTS
Food and drink except for water and travel sweets may not be carried onto or consumed on the vehicle without prior agreement of the company or of the driver.
20. SMOKING
In line with the Smoke-free (Vehicle Operators and Penalty Notices) Regulations 2007 all coaches are now completely non-smoking.
21. DRIVERS ACCOMMODATION:
It is the responsibility of the hirer to provide the driver with suitable accommodation, coach parking and meals when a coach is away from base overnight, unless otherwise agreed beforehand.
22. SURCHARGES
Where more than 28 days elapses between acceptance of the quotation and the performance of the contract of hire, the company reserves the right to pass on any increase in costs as a surcharge. However, it guarantees to limit any price increase to a maximum of 10% of the quoted price.
23. ENGLISH LAW
Orders are only accepted in that the law of England shall apply to the contract arising from such an order and to the determination of the rights and liabilities of the respective parties and in that no action or other proceedings shall be brought by either party in relation to such contract except in a court of competent jurisdiction in England.
24. INSURANCE
All hirer’s and individual passengers are recommended to obtain insurance for those items where, save for negligence, the company’s liability is limited (such as delay or luggage).