Vehicles Hire Terms Conditions
These conditions apply whether or not a contract of carriage has been entered into as a result of a quotation being offered and accepted or whether a contract has been made verbally or in writing.
Quotations are made subject to a vehicle suiting the hirer’s requirements being available at the time of acceptance. Quotations are based on costs prevailing at the time and in accordance with details provided by the hirer. Quotations are based on payment being made in cash or cleared funds before the start of the hire. Unless otherwise stated admission charges, meals, accommodation and parking charges for special events are not included in the quoted price. All charges are exclusive of value added tax which will if applicable, be payable in addition to the charges. Quotations are valid for 28 days subject to on-going availability unless otherwise notified.
3 Use of vehicle,
Unless confirmed in writing by the operator the vehicle should not be assumed 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. The operator’s vehicles may on no account be sub-let, lent or licensed by the hirer, without the prior written consent of the operator.
The Company shall not be responsible for failure to perform this contract by reason of accident, fire, tempest, strikes or any cause outside its control, though every effort will be made to maintain service confirmed. There can be no guarantee that the vehicle will perform the journey in any given time and the Company shall not be accountable for any loss, inconvenience or damage which may arise from any delay, traffic congestion, road accident or breakdown.
4 Driver’s hours and rest periods,
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 current regulations governing drivers’ hours and rest periods can be complied with. The operator reserves the right to curtail or otherwise alter any hire, which does not comply with the relevant regulations.
5 Seating capacity,
The hirer must not load any vehicle beyond the number of passengers which it is legally permitted to carry. All passengers must remain seated with their seatbelts correctly fastened whilst the vehicle is in motion unless using the washroom or catering facilities (if any). Passengers using the washroom or leisure facilities or who for any other reason do not remain in their seats with their seatbelts fastened whilst the vehicle is in motion do so entirely at their own risk.
On a private hire, no animal (other than Registered Assistance Dogs notified to the operator in advance) may be carried without the prior agreement of the operator.
It is the responsibility of the hirer to ensure that a minimum of 2 adults per party, as in line with the Local Education Authority recommendations for staffing and supervision is maintained at all times. Supervising adults must be seated throughout the vehicle and not congregated in one place. The driver will have absolute discretion to decide where such adults should be seated.
No alcohol is permitted to be carried or consumed on the vehicle without the prior written consent of the operator. Where the hire is to a sporting event, no alcohol consumption will be permitted on the vehicle in any event and the hirer should be aware of the legal requirements relating to alcohol contained in the Sporting Events (Control of Alcohol) Act 1995. The hirer will indemnify the operator for any fines and any related costs, expenses or other losses incurred as a result of any breach of this Act by the passengers
Smoking and the use of illegal substances are not permitted on the vehicle at any time.
Normally written confirmation by the operator is the only basis for the acceptance of a hiring or for a subsequent alteration to its terms.
11 Parking fees at the venue,
As in most large towns, beaches or resorts, finding somewhere to park can be difficult; PCV Vehicles have dedicated parking areas where they need to be parked due to the size of the vehicle.
The cost of parking can vary widely due to different locations, and this should be paid by the customers unless it’s been agreed at the time of booking that the quote is include of parking.
Any requested deposit must be paid by the date stated and payment in full must be made before the start of the hire unless any other terms have been confirmed by the operator.
Deposit or Payment, Once you have made a payment to us, you must then inform us by telephone or send us an email to confirm your payment with us, failure can result in cancellation of your travel.
The operator reserves the right to add interest at the rate of 2% per month above the base lending rate from time to time of Barclays Bank Plc from the date by which payment should have been made until the date of actual payment.
13 Cancellation by the hirer,
In the event of cancellation by the hirer, the operator reserves the right to retain any deposit. The hirer shall be liable to the operator for any losses incurred by the operator as a result of the cancellation or part cancellation but not exceeding the full cost of the hiring. The amount of the deposit retained will be calculated as follows:-
Cancellations 30 days or less prior to the date of hiring - 0%
Cancellations 21 days or less prior to the date of hiring - 15%
Cancellations 14 days or less prior to the date of hiring - 25%
Cancellations 7 days or less prior to the date of hiring - 50%
Cancellations 2 days or less prior to the date of hire - 100%
14 Cancellation by the operator,
In the event of any emergency or force majeure or of any action by the hirer to vary agreed conditions unilaterally the operator may by returning all money paid and without further or other liabilities cancel the contract.
15 Route and time variation,
Should a vehicle be detained by the hirer or taken on a longer journey than that contracted for the operator reserves the right to make an additional charge commensurate with the costs incurred? During the hiring, the driver is the sole judge of the reasonableness of any request for a change of route or time. In any event, the vehicle(s) will depart at times agreed with the hirer and the operator will not be liable for any loss or injury sustained by any passenger who fails to join a vehicle at the appointed time. Alteration to any agreed itinerary must be agreed with the operator direct, not the driver.
The operator reserves the right to provide a larger vehicle than 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 charge. The operator 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.
The operator reserve the right to change the vehicle requested for a hire by you at any time. This includes (but is not limited to) the colour and the style of the vehicle (including model type).
The operator will only do so if we feel the requested vehicle is unfit to carry you and your passengers, The operator cannot guarantee to match your original vehicle. By placing a booking, you are confirming you are accepting this policy, and we will not be held responsible for claims regarding this policy by you against Phoenix Tours Ltd.
The operator gives any advice on journey time in good faith but does not guarantee the completion of any journey in any specific time and will not be liable for loss delay or inconvenience caused by the actual time of the journey.
18 Agency arrangements,
Where the operator hires in vehicles from another operator at the hirer’s request and where the operator arranges ancillary facilities such as meals accommodation ferries admission tickets or any other service 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 operator shall be binding on the hirer as if he had directly contracted for such services.
19 Passengers’ property,
For safety reasons, the driver is the sole arbiter as to the carriage of passengers’ luggage and its storage. Luggage may only be carried in the seating area if it will fit safely in the overhead lockers. The operator will not accept liability for any damage to or loss of any property left on a vehicle by a passenger, or whilst on the vehicle. All articles of lost property recovered from a vehicle will be held at the depot at which the vehicle is based for a period of one month. If requested, a lost property can be mailed and the charges for this will be recoverable.
20 Conduct of passengers,
The driver is responsible for the safety of the vehicle. Any passenger whose conduct is in breach of statutory regulations or is otherwise considered by the driver to be unacceptable may be removed from a 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.
21 Damage and soiling,
The hirer is responsible for any damage or soiling caused to the vehicle by any passenger for the duration of the hire. A minimum surcharge of £100 will be made if the vehicle is damaged or soiled. This surcharge is payable to the driver upon demand. If the extent of the damage or soiling is such that the vehicle is out of service for any period of time the operator may in its absolute discretion surcharge the hirer a minimum of £500 per day or part of a day for which the vehicle is out of service. Any such surcharge is payable upon demand.
It is the responsibility of the hirer to ensure that the ratio of supervising adults to children specified in condition 7 is maintained at all times notwithstanding the removal of any passenger from the vehicle. If that ratio is not maintained the driver may in his discretion remove additional passengers from the vehicle to maintain that ratio or curtail or otherwise alter the hire.
23 Exclusion of liability,
Save in respect of death or personal injury arising from the negligence of the operator or any person for whose acts the operator is legally responsible the liability of the operator shall not exceed
[the amount of the operator’s charges in respect of the hire]
24 Distracting driver during journeys,
It is the hirer’s responsibility to ensure that passengers do not distract the driver at any time when he is driving the vehicle. As a general rule, passengers must not, save in the case of an emergency, approach or speak to the driver whilst the vehicle is in motion unless he indicates that it is acceptable for them to do so.
In the event, if the hirer having any complaint in respect of the operator’s services the hirer should endeavour to seek a solution by seeking assistance from the driver or from the operator, as soon as practically possible. Complaints should then be made in writing to the operator within 14 days.
26 Posters etc,
No bill poster, banner, flag, notice or similar items are to be displayed on any vehicle without the consent of the operator.
When more than 28 days elapse between the hire being booked and its execution the operator reserves the right to pass on any increases in cost as a surcharge but any such surcharge would be limited to a maximum of 5% of the hire charge.
28 Third Party Rights,
Any servants and agents of the operator are third parties to these conditions for the purposes of the Contract (Rights of Third Parties) Act 1999 and shall be entitled to enforce the same accordingly.
29 English law,
This contract is governed by English law.
Phoenix Tours Ltd – Coach Minibus Hire London