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Route and Variation
The Company reserves the right to levy additional charges for additional mileage and/or time than specified in the order confirmation. The charges will be pro rata. The vehicle will depart at the specified times. It is the responsibility of the Hirer to account for the passengers at those times. The Company is not liable for any losses incurred by passengers who do not follow instructions given by the Hirer. During the Hire the driver is the sole judge of the reasonableness of any request for a change of route or time.
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Seating Capacity
The maximum number of passengers indicated on the order confirmation must not be exceeded on each vehicle. It may be possible to carry an additional number of infants under the age of 3 provided they are nursed by an adult and not seated separately but only with the prior written consent of the Company.
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Conveyance of Animals
No animals (other than guide dogs and hearing dogs previously notified to the Company) may be carried on any vehicle.
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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 otherwise agreed in writing by the Company. In the event of any delay in payment, interest at the rate of 2% compound interest per calendar month is payable in full, whether before or after judgement.
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Cancellation by Hirer
- The Hirer will be liable for any losses incurred by the Company for any cancellation of the Hire according to the scale of charges.
- The following scale of charges will apply:
Days Prior to Cancellation
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Amount of Cancellation Charge (in relation to the specified Hire charge)
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10 days or more
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The deposit
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6 – 9 days (inclusive)
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10% or the deposit whichever is greater
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3 – 5 days (inclusive)
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25% or the deposit whichever is greater
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1-2 days (inclusive)
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50%
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Day of hire before departure from depot
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85%
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On arrival of vehicle at departure point
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100%
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- The cost of accommodation, meals and theatre tickets that have been purchased by the Company at the request of the Hirer, will be charged to the Hirer, together with any administration costs incurred by the Company
- Cancellation by the Hirer due to inclement weather will be charged in accordance with the scale.
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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 or road conditions) or in the event of the Hirer taking any action to vary the conditions unilaterally, the Company may cancel and return all money paid without any further liability, subject to retaining a reasonable amount to cover any expenses incurred.
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Change of Vehicle
- The Company reserves the right to provide a larger vehicle than that specified but at no additional charge unless any extra seats are used by the Hirer when charges may be made on a pro rata basis.
- The Company reserves the right to substitute other vehicle(s) of comparable specification, including those of other operators, for all or part of the Hire.
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Limitation of Company’s liability
Except for death or personal injury arising from the Company’s negligence, the Company’s liability in respect of any services under the Hire shall be limited to the amount of the hire charge. The Company shall not be liable for any pecuniary or consequential loss allegedly arising from any breach of the Hire.
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Breakdowns 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 planned and in those circumstances, the Company will not be liable for any loss or inconvenience suffered by the Hirer as the result.
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Agency Agreements
Where the Company hires in vehicles from other operators at the request of the Hirer or where the Company arranges ancillary facilities or any other services provided by another supplier such as meals, accommodation, ferries, admission tickets or any other services provided by another company, it does so as agent for and on behalf of the Hirer. Any terms and conditions imposed by such other companies through the Company shall be binding on the Hirer as if he had directly contracted such services.
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Passengers’ Property
- All vehicles hired by the Company are subject to restrictions on carrying luggage for statutory safety reasons. 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 must take all steps to notify the Company in advance of such requirements.
- The Company will take all reasonable steps to avoid loss or damage for the personal property of the Hirer and their passengers. 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 the property is unattended.
- The Company’s liability for loss and damage to property, however caused, is limited to £500 per bag, case or package with an overall limit of £1,000 (overall claim limit) maximum per passenger.
- The limits in this section do not apply to personal injury claims.
- All articles of lost property recovered from the vehicle will be held at the Company’s Diss office subject to current legislation.
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Conduct of Passengers
- 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 Driver, Inspectors, Conductors and Passengers) Regulations 1990 as amended. These regulations set out certain rights and responsibilities on all parties and full details can be obtained from the Company on request. The Hirer is responsible for the conduct of the passengers and for any damage caused to the vehicle or equipment by any passenger for the duration of the hiring.
- Where the hire is a sporting event, the Hirer should be aware of the legal requirements relating to alcohol restrictions. (Details of these can be provided on request). They are also responsible for paying any costs for any excessive cleaning required during or after the hire.
- Pasengers must remain in thier seat at all times whilst the coach is in motion and wear the seat belt provided. In the unlikely event a passenger has to move around the coach whilst it is in motion 3 point contact should be mantained at all times.
- During the journey the driver/Simonds staff will from time to time inform the passengers of safety instructions and advice, these are to be following and observed.
- Passengers placing items on the overhead racks should do so carefully and securely with consideration for others. When removing items please be aware of other seated passengers in the area and thier belongings.
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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 ‘retailer’ for the purposes of Package Travel, Package Holidays and Package Tour Regulations 1992 and as such may be required to comply with those regulations. The Company is not liable 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. The Company cannot accept liability for damage or loss incurred that should be the responsibility of the Hirer, if the Hirer was the legally defined organiser or retailer. Where the Company acts as organiser or retailer, it will issue separate conditions of trading relating to its responsibilities under the Regulations.
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Complaints
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 does not provide a remedy, complaints should be submitted in writing and within 14 days of the Hire.
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Notices
No bill, poster, sign or notice is to be displayed on any vehicle without the written consent of the Company.
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Refreshments and Alcoholic Drinks
Other than on a vehicle fitted expressly for that purpose, no food (except confectionery) and drink (including alcoholic beverages) may be consumed on the vehicle without prior consent from the Company. The Hirer shall be responsible for ensuring the passengers do not create any rubbish.
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Insurance
The Hirers and individual passengers are recommended to obtain sufficient insurance for those items where, save for negligence, the Company’s liability is limited (such as delay or luggage).
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Abnormal Weather Conditions
The Company reserves the right to withdraw the drinks’ machine and toilet facilities when temperatures create impossible working conditions.
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Surcharges
Once confirmation has been issued to a Hirer, the Company reserves the right to pass on increases in the cost of fuel, taxes, etc imposed by the Government of the UK and of other countries to be visited during the journey, including road tolls and foreign currency exchange rates. No surcharges will be imposed within 14 days of departure. On notification of such surcharges, the Hirer may cancel the booking subject to the scale of cancellation charges in Condition 5. The liability of the Company will be limited to the cost of the hire and/or any ancillary services provided.
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The Contracts (Rights of Third Parties) Act 1999
Nothing in this agreement shall confer any rights upon any person who is not a party to this agreement unless expressly provided.
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English Law
This agreement is governed by English law and is subject to the exclusive jurisdiction of the English High Court.