These are the conditions of hire of Warwickshire Travel 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 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 the hire taking place. The company will only accept instruction from the hirer or their representative.

 

Where a copy of these conditions has been given to the hirer at any time, or the hirer has been advised verbally or in writing on their quotation documents of the terms, making a booking will be deemed to signify acceptance of them. Where a hirer makes a booking before receiving these conditions and without being advised verbally of all significant terms, the hirer may cancel the contract without liability to the operator within 24 hours of receiving these conditions, provided the booking does not depart within 48 hours. If the booking departs within 48 hours, the hirer must cancel within 2 hours of receiving the documents. Otherwise, the hirer will be deemed to accept these conditions.

 

2.    QUOTATIONS

 

Quotations are given based on the 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 the confirmation.

 

 

Quotations are valid for 28 days from date of issue, unless otherwise notified, and bookings are subject to availability of a suitable vehicle at the time the hirer accepts the quotation.

 

Quotations are given for the coach and driver only. Any additional charges will be separately identified, when they become apparent, and will be the hirer’s responsibility unless otherwise specified, including but not limited to parking, road tolls and, on longer hires, food and accommodation.

 

Quotations made for periods greater than 8 weeks in the future may be subject to a fuel surcharge, if there is a significant rise in the net cost of fuel. The company will inform the hirer of any additional charge at its earliest convenience.

 

*Brexit - Please Note

If your quotation is for outside the UK and has been costed prior to July 2020, we do not know the cost implications, if any, of Brexit on this quote, we therefore reserve the right to change, amend or cancel any part of our proposed quotation.

 

3.    USE OF THE VEHICLE

 

The hirer cannot assume the use of the vehicle between outward and return journeys, nor that it will remain at the destination for the hirer’s use unless this has been agreed with the company in advance.

 

4.    CONDUCT OF PASSENGERS INCLUDING HEALTH & SAFETY

 

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. The hirer is responsible for any damage caused by any passenger for the duration of the hire. Please be advised where instances of breach in Health and Safety by children or minors occur, the parent or guardian will be responsible for their actions. In certain circumstances, this can result in a student being refused travel on school routes. Formal written warning to this affect will be issued prior to any action being taken, to allow suitable arrangements to be made.

 

All passengers should wear their seat belts whilst on the vehicle and abide by all information given by the driver and displayed; we would ask the hirer to pass this and any other relevant information from the conditions onto all passengers prior to boarding. If minors are travelling on the vehicle, they must be under the supervision of a responsible adult, the Hirer or their representative.

 

Smoking is not permitted at any time on any of our vehicles, this includes the use of substitute smoking materials such as electronic cigarettes. Anyone found smoking on our vehicles will be asked to immediately stop and the hirer will be subject to a cleaning fee and liable for any associated delays due to the passenger’s actions.

 

It is strictly forbidden for any passenger to carry or consume illegal drugs whilst on the vehicle.

 

In the interest of other passengers, no musical instruments, radios or other audio devices shall be played without the permission of the driver.

 

All school groups must ensure that they understand their obligations for planning, supervision, approval and preparation of pupils etc as set out in the DfES publication 'Health and Safety of Pupils on Educational Visits ' (HASPEV). We can provide a company-based risk assessment to cover your hire of our vehicle. Please ensure that you have an adequate level of supervision to ensure that emergency exits on our vehicles have at least one adult staff member seated by them in case of emergency.

 

Alcohol must not be consumed on our vehicles without prior consent from the company. Any consumption must be in moderation and the company reserves the right to refuse passage to any passenger if he / she is viewed to present a danger to themselves, other passengers or the driver. Any associated costs relating to such an issue will be the sole responsibility of the hirer.

 

Other than on a vehicle fitted expressly for the purpose, food and drink (including alcoholic beverages) may not be consumed on the vehicle without prior verbal or written consent from the company. If consent is given, it is the hirers responsibility to maintain the cleanliness of the vehicle.

 

The hirer will be liable for the conduct of other passengers and cleaning of the vehicle as a result of excess mess or excess consumption (vomit or other bodily fluids) and will incur a cleaning fee, up to a limit of £250.

 

All vehicles are fitted with spill kits, in the event of a kit being used due to sickness or injury, whether due to excess or accidental causes, the company reserves the right to charge for the use of the kit’s replacements.

 

Due to Health & Safety, the company cannot transport any group without at least one identified "lead passenger" whom is over the age of 18 years. This is to ensure the safe use of emergency exits and the responsibility of the conduct and behaviour of all passengers under the age of 18 years.

 

EXPRESS TERM

 

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 1985, (as amended) and the conditions of entry to racecourses as laid down by the Racecourse Association Ltd. Alcohol must not be carried or consumed on coaches to or from any Sporting Event. Police have the right to search and seize any alcohol carried by passengers and any disruption caused by this will be the responsibility of the hirer.

 

5.    ROUTES AND TIME VARIATION

 

The company reserves the right to levy additional charges for additional mileage or time to that agreed, if the client exceeds those stated on their confirmation or quotation documents, the charges will be pro-rata on an hourly and / or mileage basis.

 

The driver will arrive punctually before your specified hire time and the vehicle will depart at times agreed by the hirer. It is the responsibility of the hirer to account for all the passengers at those times and the company will not accept liability for any losses incurred by passengers who fail to follow instructions given by the hirer (e.g., should a passenger not be present at the departure time and the hirer (or designated passenger) instructs the driver to leave).

 

6.    DRIVER’S HOURS

 

The hours of operation for the driver are regulated by law; and the hirer accepts the responsibility of ensuring that the hire keeps to the hours and times agreed by the company. Neither the hirer nor any passenger shall delay or otherwise interrupt the journey in such a way that the driver is at risk of breaching regulations relating to driving hours and duty times. If any breach is likely to occur due to actions committed by the hirer or their party, the hirer will be responsible for any additional costs incurred unless it is outside the control of the hirer, which will be at the discretion of the driver.

 

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 this capacity. The company reserves the right to send a larger vehicle than that specified at no extra charge, but this will be at the Transport Managers’ discretion and, if a larger vehicle is sent for one part of the journey, it is not guaranteed for any remaining period of the hire.

 

8.    CONVEYANCE OF ANIMALS

 

On a private hire, no animal (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.

 

9.    CONFIRMATION

 

Confirmation of a booking can normally only be accepted in written form or by selecting ‘Request Acceptance’ on the Warwickshire Travel Booking Portal and is the only basis for any subsequent alterations to its terms. Confirmation of a booking by the company will be sent at the time of booking. Acceptance of our quotation implies acceptance of the conditions listed within this document.

 

10. PAYMENT

 

10.1 Any deposit requested must be paid by the date stated, and payment in full must be made 14 days prior to the start of the hire unless otherwise agreed by the company. If other terms have been agreed to, full payment must be made within 14 days of invoice date or within the specifically agreed period.

10.2 The company reserves the right to add interest at the rate of 2% per month above base lending rate of HSBC Bank from the date by which the payment should have been made.

10.3 The company reserves the right to refer unpaid accounts to County Court for judgment or to a debt collection agency.

10.4 Payment can be accepted by cheque, cash in person, bank transfer, debit or credit card. If paying by cheque, all funds must be cleared into the company’s account 14 days prior to the start of the hire. Any payment from accounts operating in currencies other than GBP must ensure that the full sum requested by the company is paid, considering exchange rates, charges, etc., for which the company is not liable.

10.5 A non-refundable deposit of £50 per vehicle per day of hire is payable at the time of booking for hires that take place in full of January to May inclusive and August to November inclusive. The non-refundable deposit for hires that take place partially or in full in June, July or December is £100 per vehicle per day.

10.6 The company reserves the right to decline to execute any work when the foregoing payment conditions have not been adhered to, in which case the deposit becomes forfeitable by the hirer to the company.

10.7       Coach hire is zero-rated for the purposes of Value Added Tax (VAT).

 

11. 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 conditions or substantial increase in the net cost of fuel) 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. CANCELLATION BY HIRER

 

The following cancellation schemes will be used in the event of cancellation by the hirer. Any cancellation must be confirmed in writing no less than 24 hours following notifying the company. If the cancellation is not confirmed in writing, then the booking will still be valid until written confirmation is received.

 

Any costs that have already been incurred by the company, including but not limited to, the cost of parking, accommodation, meals, ferry crossings and theatre tickets which have already been purchased by the company at the request of the hirer or in accordance with a booking agreement, will be charged to the hirer plus any administration charges incurred by the company.

 

Cancellation due to inclement weather conditions will be charged as per the cancellation scheme costs.

 

Theatre tickets, entrance fees or other such ancillary services, once purchased are non-refundable but can be transferred to alternate passengers.

 

 

Notice Given	Bookings that either partially or months of June, December	take place in full in the July or	Bookings that in full in the January to August to November	take place months of May or
	Single Vehicle	More Than One Vehicle	Single Vehicle	More Than One Vehicle
30 days or more prior to departure	Deposit only	Deposit only	Deposit only	Deposit only
29 - 14 Days or more prior to the date of departure	Deposit or 10% of booking, whichever is higher	Deposit or 10% of booking, whichever is higher	Deposit only	Deposit only
13 – 9 days prior to departure	Deposit or 15% of booking, whichever is higher	Deposit or 25% of booking, whichever is higher	Deposit or 15% of booking, whichever is higher	Deposit or 25% of booking, whichever is higher
8- 6 days prior to departure	Deposit or 50% of booking, whichever is higher	Deposit or 50% of booking, whichever is higher	Deposit or 25% of booking, whichever is higher	Deposit or 50% of booking, whichever is higher
5 – 3 days prior to date of departure	Deposit or 75% of total hire cost, whichever is higher	Deposit or 90% of total hire cost, whichever is higher	Deposit or 50% of booking, whichever is higher	Deposit or 75% of booking, whichever is higher
2 full days to 30 mins before agreed departure time	100% of total hire cost	100% of total hire cost	Deposit or 85% of total hire cost	Deposit or 85% of total hire cost
30 mins before, at or after arrival of vehicle at departure point	100% of total hire cost	100% of total hire cost	100% of total hire cost	100% of total hire cost

 

If events are rescheduled, charges may be reduced to a nominal fee, but this is at the discretion of the company.

 

CANCELLATION BY HIRER FOR AGREED WEEKLY SCHOOL SPORTING FIXTURES

 

This applies to sporting fixtures booked in bulk by school sports departments at the start of each term, and not for private hires, regardless of if these are for groups visiting sporting events…

 

Notice Given	Charge
Cancelled over 24 hours before departure time	No Fee
Cancelled 24 hours up to 6 hours before departure time.	50% of hire fee – minimum charge of £80
Less than 6 hours before departure	80% of hire – minimum charge of £80

If events are rescheduled, charges may be reduced to a nominal fee but this is at the discretion of the company.

 

Refunds will be issued by the company within 30 days of valid cancellations. Refunds to accounts whose primary currency is not GBP will be refunded to the amount owed as calculated in GBP, as per the exchange rate of the company’s bank on the date the refund is processed.

 

CORONAVIRUS, PANDEMICS AND GOVERNMENT MEASURES

 

In the event that measures are put in place by the Government which impact our ability to provide services to you (including but not limited to the company having to suspend or cancel in full the services), we will not be in a position to accept any liability for any losses that may arise, and we limit our liability accordingly.

 

In the event that a booked service is no longer required due to cancellation of an event or your unwillingness to travel despite no official Government of Foreign & Commonwealth Office advice not to travel, the payment and cancellation provisions of our standard terms and conditions will apply.

 

 

There is a minimum cancellation fee of £50 for administration, deductible from deposits paid, irrespective of cancellation notice period or to the value of any tunnel or ferry if booked on customers behalf, which we cannot refund.

 

13. BREAKDOWN OR DELAYS

 

The company provides its advice on journey times in good faith. However, as a result of breakdown, extreme weather conditions, 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.

 

14. USE OF OTHER OPERATORS’ VEHICLES

 

The company reserves the right to substitute other operators’ vehicles in place of its own for any journey or part thereof but will ensure that the substitute operator has confirmed the standard of vehicle supplied will match our own standards.

 

15. 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 an agent for and on behalf of the hirer. Any terms or 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 breach of such supplier’s terms and conditions brought about by the hirer’s actions.

 

16. PACKAGE 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 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 establishing whether they are so defined, and the company

 

cannot accept liability or loss or damage incurred that would have been the responsibility of the hirer if the hirer were the legally defined organiser or retailer.

 

17. PASSENGERS’ PROPERTY

 

All vehicles hired by the company are subject to restrictions on carrying luggage for statuary safety reasons. The hire accepts the 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.

 

The company accepts any personal property of the hirer and their passengers on the understanding that both parties 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 hirer’s responsibility to minimise risk of loss when the property is left unattended.

 

The company liability for loss and damage to property, however caused, is limited to £500 per person and £30,000 in total in respect of any one incident. The company will not pay the first £50 of each passenger claim subject to a maximum excess of £1,000 in respect of any one incident.

 

The limits in this section do not apply to personal injury claims.

 

It is the responsibility of the hirer and passengers to ensure that adequate insurance cover is sought to cover loss or damage to their own personal items.

 

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. Low value items (such as hats, gloves, etc) will be kept for one month. Higher value items (such as mobile phones, camera, etc) will be kept for three months after which all items are destroyed. If requested, items of lost property can be returned to the owner of which the charges are recoverable.

 

Food, drink and perishable goods will be disposed of immediately, unless deemed storable, which is at the company’s discretion, in which event they will be kept for 24 hours.

 

 

18. CARRYING CHILDREN ON VEHICLES

 

18.1. Bus and coach companies are not required by law to provide child car seats in coaches and buses, but child passengers should use them if they are provided. The hirer is responsible for providing a child seat if they wish a child to use one.

18.2. In minibuses, all children must travel in rear seats (any seats behind the driver) if a child car seat or an adult seat belt isn’t fitted. Children aged 3 or older must use an adult seat belt if child car seats are not fitted or are unsuitable.

18.3. Seat belts must be fitted in buses and coaches except ones in which standing is permitted, or which are being used to provide a “local service”. If seat belts are fitted, they must be worn by passengers aged 14 years and over.

18.4. Passengers aged under 14 years are not legally required to wear them, but it is much safer if they do so. We request that all passengers follow the same rules as using seatbelts in cars.

18.5. All seated passengers aged 14 years or over must wear seat belts if they are fitted in coaches.

 

19. NOTICES

 

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

 

20. REFUNDABLE ADDITIONAL DEPOSITS

 

The company reserves the right to insist upon a refundable additional deposit being provided by the hirer in addition to the hire charge. This deposit will be returned to the hirer following completion of the hire provided that no additional expenses were incurred by the company which were a direct result of the hirer or other passengers’ actions. This includes, but is not limited to, the removal and associated rectification process of excess rubbish, excess dirt, vomit/bodily fluids or damage to the vehicle.

 

21. AIRPORT, FERRY, TRAIN OR ONWARD TRANSFERS

 

On collecting passengers from airports, ferry ports, etc., the coach will wait for one hour after the prearranged collection time free of charge. After one hour, any additional waiting time will be charged at the discretion of the company along with any associated costs, including but not limited to those costs related to Section 6.

 

22. 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 by calling our support staff on 01926 699555. If this has not provided a remedy, complaints should be submitted in writing and within 14 days of the termination of the hire. The company shall reply to any complaints within 48 hours of receipt of the same. Please contact us by calling 01926 699555 or in writing to our offices at Unit 15, Whitehouse Farm, Oxford Road, Princethorpe, Rugby, CV23 9QD or by email at info@warwickshiretravel.com

 

23. THE IMPLICATIONS OF BREXIT

 

Following the UK’s exit from the European Union on Friday 29th March 2019, at the time of writing, (14th July 2020) this action may result in increased disruption to travel in Europe and/or it may affect and increase our costs of operating private coach hires to Europe after this date. Therefore if, where and when this occurs, we must reserve the right to increase coach hire rates that were agreed prior to the above date, in accordance with our increased costs; or indeed decline hires if satisfactory travel arrangements and regulations for passengers are not clearly in place.

 

24. INFORMATION FROM OUR WEBSITE AND SOCIAL MEDIA PAGE’S

 

Whilst we have made every effort to ensure that information and details on the website and our social media pages are accurate, we are unable to guarantee they are always so in all respects. We are therefore unable to accept liability for any loss you may suffer as a result of any omission or inaccuracy. If in doubt, please contact the company to confirm. Warwickshire Travel do not accept any liability for the content of external websites.

 

25. VEHICLE FACILITIES

 

The company will, at the time of booking, agree and specify the facilities on board the vehicle that you are hiring. These facilities will also be detailed on your confirmation. It is the hirers’ responsibility to check the details and inform the company if they are not correct. Whilst the company will endeavour to ensure that all facilities are in working order on every vehicle, if a breakdown should occur with any of the facilities i.e., fridge, video, PA system, toilet, air conditioning and coffee machine, the company’s liability is limited to £20.00 per facility.