Terms of Service

Website Usage Terms and Conditions

CONDITIONS OF PRIVATE HIRE

THESE CONDITIONS APPLY TO THE PRIVATE HIRE OF TRANSPORT, NOT OPERATING AS A PACKAGE, AS DEFINED BY THE PACKAGE TRAVEL, PACKAGE HOLIDAYS AND PACKAGE TOUR OPERATORS 1992.

1. APPLICATIONS

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 group, partnership or company, 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 the hirer is not going to travel with the party, a named representative must be chosen, and the company informed prior to the hire taking place.

2. QUOTATIONS

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 be clearly shown on any confirmation.

All quotations are given subject to the company having a suitable vehicle available at the time that the hirer accepts the quotation.

Quotations are valid for 28 days unless otherwise notified.

Quotations are given for the minibus and driver only. 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 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 unless it is due to traffic conditions or other instances outside of the control of the hirer.

The vehicles 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 hirer.

5. DRIVER’S HOURS

European law regulates the hours of operation for the driver and the hirer accepts the responsibility of ensuring that the hirer keeps to the hours and times agreed by the company. Neither the hirer or any passenger shall delay or otherwise interrupt the journey in such a way that the driver is at risk of breaching any 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.

6. SEAT BELTS

The wearing of seat belts, where fitted, is compulsory by law. All our vehicles are fitted with 3 point lap and diagonal belts which are checked for fitness daily prior to leaving our base. It is the passengers own responsibility to ensure that they comply with the law and a reminder notice is displyed on the vehicle. The company take no responsibility for injury or otherwise should any person choose to disregard this law. In the case of children, it is the hirers responsibility to ensure that seat belts are worn correctly. We do not supply child seats for the carriage of minors but are happy for passengers own seats to be fitted whilst a child is being transported on our vehicles. We are happy to look after passengers child seats whilst they are away on holiday and do not charge storage. Customers own child seats must be fitted by the customer who accepts responsibility as to the secure fitting as if it were in the customers own vehicle.

7. 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 its capacity.

8. PERSONAL LUGGAGE

We reserve the right to carry in the minibus luggage hold no more than one medium sized suitcase per passenger plus one piece of hand luggage which must be capable of being placed either in the overhead racks or under seats inside the vehicle. In particular we will not normally carry battery-powered wheelchairs, prams, non-folding pushchairs, non-folding bicycles or surfboards etc unless prior notification is given relating to these items. Additional luggage such as skis and dismantled bicycles will be carried subject to accommodation providing they are packed in a purposely made, fully protective wrapping.

We also reserve the right to refuse articles of an objectionable or dangerous nature, or which have sharp or protruding edges, which may tear or damage luggage. Fragile items such as electrical goods, portable televisions, radios etc. will only be carried if they are of reasonable size and securely packed. We will not be responsible for loss or damage of such items. Under no circumstances will items of furniture be carried.

9. CONVEYANCE OF ANIMALS

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.

10. CONFIRMATION

Normally, written confirmation by the company by either letter, text message or email is the only basis for the acceptance of a hiring or for a subsequent alteration to its terms.

11. PAYMENT

A holding deposit of 20% of the total cost, or £30.00 whichever is the greater may be required and the cost of any cross channel transfer must be paid at the time of booking. The outstanding balance must be paid 14 working days prior to the start of the hire unless otherwise agreed by the company.

12. 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.

DAYS PRIOR TO CANCELLATION CHARGE COACH HIRE:

• 10 days or more Loss of deposit – 20% of hire cost / £30 whichever is applicable
• 9-6 days 30% of hire
• 5-3 days 40% of hire
• 2-1 days 50% of hire
• Day of Hire 75% of hire

Arrival of coach at departure point 100% of hire total.

b) The cost of cross channel crossings, other ancillary services that 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.

13. 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 had 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.

14. 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.

15. 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.

16. 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.

17. 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.

18. 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 hirers’ responsibility to minimise risk of loss when property is left unattended.

c) The Company’s insurance covers liability for loss or damage, up to £1000 per passenger, for personal belongings or luggage belonging to any fare paying passenger if they are lost or damaged because of  an accident, fire, theft or attempted theft whilst in the insured vehicle but EXCLUDES any loss or damage to personal belongings which are not securely fastened in an appropriate manner to the insured vehicle, personal belongings covered by any other insurance, money, stamps, tickets, documents, securities, jewellery or furs. Goods, tools of trade or samples connected with any trade or business, or any container for these things. Radios, cassette, compact or mini disc players, MP3 players, tapes or discs, televisions, phones or phone equipment, computers or computer equipment and accessories, computer game consoles or games and accessories, Citizen-Band radios and accessories or any property taken from an unlocked vehicle or which we have not taken reasonable care to protect from loss or damage. It is the responsibility of the hirer to ensure that items over £1000 value are insured separately for loss or 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. ( http://www.legislation.gov.uk/uksi/1978/1684 )

19. 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. ( http://www.legislation.gov.uk/uksi/1990/1020/contents/made )

These regulations set out certain rights and responsibilities on all parties.

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 the Sporting Events (Control of Alcohol) Act 1995. Please see ( http://www.legislation.gov.uk/ukpga/1995/39/part/II ) and the conditions of entry to race courses as laid down by the Race Course Association Ltd.

20. 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. The company will endeavour to find a resolution to the complaint within 14 days of receipt of the letter.

21. NOTICES

No bill, poster or notice is to be displayed on any vehicle without the written consent of the company.

22. REFRESHMENTS, ALCOHOLIC DRINKS & SMOKING

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. SMOKING IS STRICTLY PROHIBITED ON BOARD ALL OF OUR VEHICLES.

23. 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 clause 11. The liability of the company will be limited to the cost of the hire and any ancillary services supplied.

24.  DAMAGE TO VEHICLES

Any damage caused to the vehicle by any member of your party shall become the sole responsibility of the hirer. Any costs associated with repairs and damage must be paid by the hirer in the time frame agreed with Gatwick Minibuses. An additional daily charge may be imposed should the vehicle need to be taken out of service. A daily hire rate effective to that vehicle will be charged. Criminal Damage may be reported to relevant persons/authorities.

Use of prohibited substances and smoking in any vehicle is banned at all times. Should our drivers become aware of any such transgressions from you or your travelling group, Gatwick Minibuses will reserve the right to cancel the hire with immediate effect and eject all passengers at the first safe place to do so. Gatwick Minibuses will not be held accountable for any resulting travel costs and Gatwick Minibuses will inform any relevant authorities.

25. INSURANCE

Gatwick Minibuses recommends adequate insurances arrangements are in place for events and special occasions booked by you. Therefore Gatwick Minibuses recommend you speak to your Insurance Advisor to ensure adequate cover is arranged for your event/occasion. Gatwick Minibuses are not authorised to discuss relevant insurance options with you, nor do we offer this type of insurance, and are unable to offer guidance on obtaining cover.

26. WEBSITE DISCLAIMER

The information contained in this website is for general information purposes only. The information is provided by Gatwick Minibuses and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you may be able to link to other websites which are not under the control of Gatwick Minibuses. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, Gatwick Minibuses takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

27. AMENDMENTS TO TERMS

Gatwick Minibuses reserve the right to alter or amend these terms and conditions at any time. Should Gatwick Minibuses decide to do so, Gatwick Minibuses will e-mail these changes to you at your e-mail address no less than 30 days prior to your event day. You have 10 Days in which to raise an objection to any amendments. Should Gatwick Minibuses not receive a reply from you then we will assume you have accepted our new Terms and Conditions, and no correspondence will be entered in to.

No part of these Terms and Conditions affects your rights as a consumer.

These Terms and Conditions are in addition to your rights as a consumer.

October 2011