1. APPLICATION…These conditions apply whether a contract has been given 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 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. If the hirer is not going to travel with the party, a representative must be chosen, and the company informed prior to the hire taking place. The company will only accept instructions from the hirer or their nominated representative. Where a copy of these conditions has been given to the hirer at any time, or the hirer has been advised verbally of all significant 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 48 hours of receiving these conditions.
2. QUOTATIONS…Quotations are given on the basis of 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. All quotations are given subject to the company having available a suitable vehicle at the time the hirer accepts the quotation.All quotations are for standard coaches unless use of ‘Executive features’ is requested, then availability is not garentee’d. Quotations are valid for 28 days unless otherwise notified. Quotations are given for coach and driver. 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 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. DDA vehicles are accesable, but if wheel chair clamps are required this must be agreed in advance.
4. ROUTE AND TIME VARIATION…The company reserves the right to levy additional charges for additional mileage or time to that agreed. Such charges will be in accordance with the company’s tariff in force on the day of departure. The vehicle 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…The hours of operation for the driver are regulated by law, and the hirer accepts the responsibility of ensuring the hire 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 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. The calculation of any additional costs will be in accordance with the company’s tariff in force on the day of departure.
6. 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.
7. CONFIRMATION…Normally, written confirmation by the company is the only basis for the acceptance of a hiring or for a subsequent alteration to its terms.
8. PAYMENT…This is due in full 7 days prior to departure, unless you have an account on which payment is due no later than 30 days after the departure date.
9. CANCELLATION BY THE HIRER…Cancellation for any reason other than in exceptional circumstances, unless notified to the company within 30 days prior to the day of departure will incur a cancellation fee of up to 25% of the total cost, 14 days 50% of the total cost, 3 days the total cost of the hire.
10. CANCELLATION BY THE COMPANY…In the event of an 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 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, less expense for any work all ready done, and without further or other liability, cancel the contract. The company will not be liable for any loss, inconvenience or damage which may arise from any delay.
11. VEHICLE TO BE PROVIDED…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. 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.
12. 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.
13. 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 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.
14. 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 establishing 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 agrees to act as an organiser or retailer, it will issue separate conditions of trading relating to its liabilities and responsibilities under the Regulations.
15. PASSENGER’S PROPERTY…Although every precaution is taken, the company will not in any case be responsible for loss or damage to any article placed or carried on their vehicles, owner’s property is the full responsibility of the hirer(s) and/or passengers.
16. 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 Drivers, Inspectors, Conductors and Passengers) Regulations 1990. These regulations set out certain rights and responsibilities on all parties, and full details of these can be obtained from the company on request. The hirer is responsible for any damage caused to the vehicle, its fittings or equipment by any passenger for the duration of the hire. 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) Regulations 1995, and the conditions of entry to race courses as laid down by the Race Course Association Ltd. The company will provide details of these restrictions on request. A valeting charge may be incurred by the hirer, if the company feels that the vehicle on hire has been left by passengers in a way that is not reasonable.
17. 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 7 days of the termination date of the hire. The company will acknowledge all complaints within 14 days and will normally reply fully within 28 days.
18. REFRESHMENT, ALCOHOLIC DRINKS AND 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 NOT PERMITTED ON BOARD ANY OF OUR VEHICLES.
19. EXTRA CONDITIONS FOR PRIVATE HOME TO SCHOOL SERVICES… The conditions in this section over ride similar conditions in other sections. Otherwise our normal T & C’s apply. All places on Home to School services must be paid for before transport commences. As places are limited, seats are allocated at the discretion of Barker Bus Ltd. All rules of conduct laid down by Barker Bus Ltd. must be observed at all times. Students must follow the instructions of Barker bus Ltd. staff at all times, and sit where instructed to by staff of Barker Bus Ltd. or the School they attend. The right to travel may be suspended or removed at any time with one days notice when agreed by Barker bus Ltd. and the School. No reimbursement will be made in this situation, and Barker Bus Ltd. is not Liable in any way for alternative travel costs.
20. 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 our cancellation policy. The liability of the company will be limited to the cost of the hire and any ancillary services supplied.