Hereinafter CHENEY COACHES LTD shall be referred to as The Company or The Operator.
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1.
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Application
These conditions apply whether a contract has been made verbally or in writing.
The Hirer contracts with The Company upon behalf of The Hirer and as agent for all
passengers travelling upon the vehicle. The Hirer expressly warrants that he has
the full authority of all passengers to enter into this contact upon their behalf
and to accept these Conditions of Hire. The Hirer shall indemnify The Company
against any loss, claim, damages, 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.
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2.
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Quotations
Quotations are given on the basis of the most direct route and information given
by The Hirer. Any variations in mileage or timing arising will be charged for in
addition. The route used will be at the discretion of The Company unless The Hirer
has requested a particular route, which will be specified on the confirmation.
Quotations are valid for 30 days from issue or for any period specified. Unless
otherwise stated, admission and parking charges are not included. Where applicable,
VAT will be charged at the governing rate at the time of invoice.
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3.
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Use of Vehicle
Unless confirmed in writing by The Company, the vehicle should not be to remain at
any point between the outward and return journeys, nor to remain available for The
Hirer's incidental use when parked at such points.
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4.
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Driver's Hours and Rest Periods
The hours agreed with The Company for the operation of any hire(s) must be observed
(other than in the case of serious emergency or diversion) 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.
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5.
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Seating Capacity
The Hirer must not load any vehicle beyond the number of passengers which it is
legally permitted to carry.
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6.
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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 of The Company.
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7.
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Confirmation
Written confirmation by The Company is the only basis for the acceptance of a hiring,
or for a subsequent alteration of the terms.
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8.
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Payment
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a)
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Any requested deposit must be paid by the time stated, and payment in full must be
made before the start of hire, unless The Company has agreed in writing to a
variation in this condition. The Company reserves the right to add interest at
the rate of 2% compound interest per calendar month, after the date by which
payment should have been made.
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b)
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The Hirer shall be personally liable for the payment of all deposits and payments,
but in the event of failure by The Hirer to discharge such deposits or payment, The
Company reserves the right to claim the same from each passenger individually or
collectively, and each passenger shall remain jointly and severally liable for
such payments.
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9.
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Cancellation by The Hirer
Should The Hirer wish to cancel any arrangement, the following scale of charges
shall apply in relation to the total hire charge.
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Coach Hire
10 days or more
6-9 days
1-5 days
Day of hire
Arrival of coach at departure point
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none
25% of hire
50% of hire
75% of hire
A charge will be made upon time & mileage involved subject to a minimum of 85% of hire
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After departure
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100% of hire
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Cancellation due to inclement weather conditions are as above.
CANCELLATIONS MUST BE MADE TO THE COMPANY IN WRITING
Other Services
(Accommodation, meals, theatre tickets etc.) Cancellation charges will be levied
according to scale in operation by The Company supplying the services. Theatre
tickets are NOT returnable.
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10.
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Cancellation by The Company
In the event of any emergency, riot, civil commotion, strike, lockout, stoppage
or restraint of labour from whatever cause of the happening in any event over
which The Company has 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.
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11.
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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. During the hiring, the driver must be the judge of the 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(s) at the appointed
time.
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12.
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Vehicle to be Provided
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a)
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The Company reserves the right to provide a larger vehicle than that specified at
no additional charge unless any extra seats are used. If extra seats are used an
additional charge will be made pro-rata to the hire rate.
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b)
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The Company reserves 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 similar quality.
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c)
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Equipment within coaches (including radios, audio and video cassette player, microphone
and public address systems, beverage and toilet facilities) is provided at the
discretion of The Company unless the quotation specifies that any such facilities
will be available. While every endeavour will be made to comply with The Hirer's
subsequent requests, The Company cannot guarantee to meet any such requests.
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13.
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Breakdown and Delays
The Company gives its advice on journey times in good faith, but does not guarantee
the completion of any journey at a specific time, and will not be liable for loss
or inconvenience caused by breakdowns or other delays.
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14.
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Agency Agreements
When 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 agent for and on behalf of The Hirer. Any terms and conditions imposed by
such other contractor through The Company shall be binding on The Hirer as if he had
directly contracted such services.
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15.
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Passenger's Property
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a)
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All vehicles hired out by The Operator are subject to restrictions as to their
carrying capacity as imposed by statute. The Hirer accepts that the driver shall
be the sole judge as to whether and to what extent, passenger's luggage and
effects can be carried.
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b)
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The Hirer agrees that, in agreeing to carry the passenger's luggage and effects,
The Hirer accepts that the driver does not carry the same as the bailee, but such
luggage and effects remain the sole risk of the passengers concerned and The Company
shall not be liable for any loss or damage of such baggage or effects of whatsoever
nature or howsoever caused, including negligence.
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c)
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Not withstanding the above, should it be held by any court of law that The Company
becomes the bailee of the luggage and effects, then The Company's liability for
loss or damage of whatsoever nature or howsoever caused, including negligence, shall
be limited to the value of the luggage or £30 per bag, case or package,
whichever shall be the lesser.
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d)
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The Company does not accept liability to any damage to, or loss of property left
upon the vehicle(s) by a passenger, whether or not with the knowledge of The Company,
its servants or agents. All articles of lost property recovered from the vehicle(s)
will be held at The Company's depot at which the vehicle(s) is based and will be
subject to the current public service vehicles (lost property) regulations.
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16.
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Conduct of Passengers
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a)
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The driver is responsible for the safety of the vehicle. Any passenger whose conduct
is in breach of statutory regulations may be removed on the driver's authority. The
Hirer will be held responsible for the conduct of passengers and for any damage
caused to the vehicle by passengers during the hiring, or any person or persons
associated with or in conflict The Hirer's party. The public service vehicle
(conduct of drivers, inspectors, conductors and passengers) regulations 1990 apply.
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b)
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In appropriate circumstances, hirers should acquaint themselves with the sporting
events (control of alcohol) act 1985 and current conditions of entry to racecourses
laid down by the race course association ltd.
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c)
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Smoking prohibited on all company vehicles.
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17.
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Complaints
Any complaints in respect of The Company's services should be made in writing to The
Company's office as soon as possible but in any case within 14 days.
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18.
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Notices
No bill, poster, sign or notice is to be displayed on any vehicle without The
Company's consent.
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19.
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Refreshments and Alcoholic Drinks
Other than on a vehicle fitted expressly for that purpose, food and drink, including
alcoholic beverages, except for small items of confectionery (such as sweets or
chocolate) may not be consumed on the vehicle without the prior written consent of
The Company in writing.
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20.
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Surcharges
The quotation given is based upon operating costs at the date of quotation and when
more than 30 days elapse between the date of 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 factors beyond The Company's
control. However, the first 2% of certain cost increases will not be passed on to The
Hirer in accordance with the package travel, package holidays and package tours
regulations 1992, where applicable.
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21.
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Insurance
All hirers and individual passengers are recommended to obtain insurance of those
items where The Company's liability is limited (such as delay or luggage).
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22.
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English Law
Orders are accepted only that the law of England and Wales 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 proceedings shall be brought by
either party in relation to such contact except in a court of competent jurisdiction
in England.
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