Terms of Hire
Terms of Hire....
These conditions apply whether a contract is made verbally or in writing. The "Company" means P&S Travel and The "Hirer" means the person with whom the contract for the hire of the Company services is made.
1. 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 the company.
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.
It will be deemed that the Hirer, making the booking, accepts responsibility by himself/herself for every person travelling in the vehicle, including taking responsibility for the action of all passengers, in relation to any damages made to the Company’s property.
Where the Hirer is acting as an employee of another company or organisation, the Hirer confirms that he/she has the authorisation of this company/organisation to enter into this contact on their behalf.
A. 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 booking confirmation.
B. 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.
C. Quotations are valid for 7 days from issue unless some other period is specified.
D. Unless otherwise stated on the booking confirmation, 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 or to remain available to the Hirer’s incidental use when parked at such points.
4. Route and Time Variation
A. 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.
B. 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 compiled 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 not load any vehicle beyond the number of passengers which it is legally permitted to carry. The maximum number of people allowed will be displayed on your booking confirmation.
7. Conveyance of Animals
On a private hire, no animal (other than guide dogs and notified to the Company in advance) may be carried on any vehicle without prior written agreement from the Company.
Any amendments to the booking confirmation must be made in writing to the Company by the Hirer. Once the booking has been made and confirmed by the Company, we cannot guarantee any availability for amendments that make significant alterations to time and destination. Quotations are based on mileage and time, so significant changes will also alter the agreed price, if this is the case, the Company will advise the Hirer of this prior to amendments being made.
Any deposit requested must be paid by the time stated and cleared payment in full must be received 7 days before the start of the hire unless the company has agreed in writing to a variation in this condition.
10. 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
14 days or more: No charge
Within 14 days: 100% of hire charge
Any deposits paid at the time of booking are non refundable.
Date changes within 14 days will also be treated as a cancellation.
11. 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 Covid, 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.
B. 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.
C. Equipment in coaches (including radios, microphone and public address systems, beverage facilities and toilet facilities) is provided at the discretion of the Company unless the booking confirmation 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.
D. The Company reserves the right at any time to change, replace, or renew the vehicles rented or advertised in order to maintain the Company’s high standards. Photo's on our website, are provided to show typical examples of our vehicles that we have on our fleet, not all vehicles are displayed.
13. 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.
In the event of a breakdown or accident prior to the date of the car hire. Every effort will be made to supply a similar or alternative vehicle(s) of the same passenger capacity if this is not possible a refund of monies paid will be made. The Company undertakes all measures to ensure vehicles are properly serviced and maintained. In the unlikely event of a vehicle breakdown every effort will be made for an immediate repair to the vehicle or to supply a replacement vehicle.
Delays can sometimes occur outside of our control, due to road accidents, road works, extreme weather conditions, or the actions of other passengers/members of the public. All our vehicles are sent to clients with amble time to complete the journey, how there are occasions that these conditions outside of our control prevent us from keeping to the time on your booking confirmation. Our drivers or office will always keep you informed if a delay has occurred, with a new corrected time and explanation for the delay.
The Company will not accept any responsibility for any loss as a result of breakdowns or delays, or accept any responsibility of loss by the Hirer as a result of their being unable to for fill contracts with third parties.
Where the Company is able complete the required service as on the booking confirmation, no compensation within the first 2 hours of any delay, caused by breakdowns or any of the conditions defined as delays above.
14. Conduct of Passengers, Damages & Lost Property.
A. 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 owner’s risk.
B. Any passenger deemed unfit to travel by the driver as a result of intoxication will not be permitted to travel on the vehicle and will have to make their own arrangement for the onward journey. The company will not refund any monies paid by the passenger as a result of this nor will they be liable for any cost that the passenger incurs as a result.
C. 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.
D. There is minimum cleaning charge of £100.00 applicable for sickness (i.e. vomiting) in the vehicle; the customer shall inform the driver if sickness (i.e. vomiting) is likely to happen, the driver can only take action if the safety of the vehicle or passengers is not at risk. Informing the driver does not mean the charges may not apply. Furthermore a charge of £25 may be made for the removal of excess rubbish from the vehicle.
E. The company takes very seriously the welfare of its drivers; any physical or verbal abuse of any kind will not be tolerated and will result in the termination of your hire immediately with no refund.
F. The Hirer shall be responsible for the proper behaviour of all the passengers and shall be primarily responsible for any damage caused to the vehicle howsoever caused. It is an express condition of the Hire that the Hirer accepts this responsibility. The Hirer shall be fully responsible and liable for any damage caused both inside and outside the vehicle by the Hirer or a member of his or her Party, howsoever caused. This includes incitement or behaviour resulting in damage to the vehicle or its contents by a third party. The Hirer expressly agrees to be held liable for the retail cost of any repair as a consequence of any damage caused. The Hirer further agrees that the Company may at its entire discretion determine the organisation that will affect the repairs. Furthermore, the Hirer shall be responsible for payment of a fixed rate, which shall be determined by the Company, at its sole discretion for the period during which the vehicle cannot be used as a consequence of said damage and repairs. That notwithstanding, the Hirer shall also be responsible for any further losses which are incurred as a result of lost bookings. The Hirer holds the Company harmless of any liability for any personal or material damages arising from the conduct of his or her party. The Company shall not be held liable or responsible for any articles left in the vehicle, or any harm caused to passengers by any of the items/facilities available to be used in our vehicles, the Hirer specifically indemnifies the Company from any such responsibility and undertakes to advise all other persons in his or her party. All items must be removed from our vehicles at the end of the hire, and at the end of any intermediate journey. No items can be left unattended in the vehicle at any time, unless prior consent has been given by the company, in which case this will be noted on your booking confirmation. Any lost property is the Hirer’s responsibility to recover, including any cost of recovery.
Any complaints in respect of the Company’s services should be made in writing to the Company’s Office within 7 days.
No poster or notice to be displayed on any vehicle without the written consent of the Company.
17. Refreshments, Alcoholic Drinks and Smoking
Food and drink (including alcoholic beverages) may not be consumed on the vehicle. No smoking is permitted on our vehicles.
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.
In the event that the Hirer or a member of the Hirer’s party causes an additional payment or charge to be due, as per the amounts detailed and conditions listed in these terms, the Hirer agrees to pay this immediately. In the event that deposit or payment has been made on the Hirers Credit/Debit card, the Company reserves the right to and the Hirer here gives the Company permission to debit this card with any additional charges arising by damages, passenger conduct, overtime etc. The Company will provide full details of charges in writing. In the event that payment has been made direct into our bank account, the company will raise an invoice if these additional charges have been incurred, which must be paid by the Hirer within 3 days. For account customers, these will be added to your invoice.
19. Contract of Service
Along with these terms and conditions of hire, the booking confirmation provided, forms the contract of service. The Hirer is responsible for ensuring that the details provided on your “Booking Confirmation” meets your requirements and in fully accurate, as this, subject to the terms here written, forms your contract with us. No additional services will be provided within the price detailed. Please note it is also the Hirer’s responsibility to ensure that all pick up/drop off & destination addresses, are given in full including postcodes etc 48 hours prior to your hire, we cannot be held responsible for delays, errors or incomplete journeys where this information has not been provided. A 15 minute grace period is given with the times detailed on the booking confirmation, after these times an overtime rate of £50 per hour, or part of the hour(s) will apply.
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, road traffic accidents etc.
The company reserves the right to terminate any hire, where our terms and conditions have been broken; in such cases no refunds will be given.
All parties are requested to note the above conditions as we only contract in accordance with these terms. The Company’s discretion shall be decided by the proprietors and authorised agents of the company at all times and their decisions be fully binding in all matters. Payment by the Hirer and/or commencing a hire with the company, will constitute your full agreement to these terms & conditions of hire.
IMPORTANT CHANGES TO OUR BOOKING POLICY WITH EFFECT FROM:
Due to market forces the price of fuel is currently liable to sharp increases which may affect the final price we have to charge for your journey.
If between the date of your quotation/booking and the date of travel increases occur, the price may need to be amended accordingly.