These conditions apply whether a contract is made verbally or in writing. The Hirer contracts the Company and acts upon behalf of all the passengers travelling on the vehicle. The Hirer warrants that he/she has the full authority of passengers to enter into this contract on their behalf and to accept these conditions of hire.
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.
Quotations are given subject to a vehicle suiting the Hirer’s requirements being available at time of acceptance. Quotations are based on costs prevailing at the time and in accordance with details provided by the Hirer. Quotations are valid for 10 days from issue or a date specified. Unless otherwise stated the quotation is based on coach and driver hire only and any admission charges, meals, accommodation and coach parking charges are not included and the Hirer agrees to pay such charges separately. Quotations are given on the basis of the most direct route and on 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 confirmation letter or invoice. However, the Company’s drivers maintain the final decision of the route taken with full consideration of the safety of passengers on board.
3. Use of Vehicle
Unless agreed and 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.
The vehicle will depart at the time agreed by the Hirer and it is the responsibility of the Hirer to account for all passengers. The Company will not be liable for any loss sustained by any passengers who fail to join a vehicle at the appointed time.
In extenuating circumstances a maximum wait time of 20 minutes will be allowed before the coach will depart to ensure Drivers’ Hours regulations are not breeched and not to impact on other coach hire bookings. Should the coach depart without the Hirer or any of the Hirer’s passengers no refunds will be possible and the Company will not be liable for any losses sustained by any passenger.
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.
The Driver retains the final decision as to the pick-up and set-down locations. Should the Hirer insist upon a location not agreed by the Driver then the Hirer agrees to be responsible for any penalty or fine incurred.
The Hirer must not load any vehicle beyond the number of passengers to which it is legally allowed to carry.
No animal (other than guide and hearing dogs and notified to the Company in advance) may be carried on any vehicle without prior written agreement from the Company.
No bill, poster or notice to be displayed on any vehicle without the written consent of the Company.
4. Property and Luggage
The Hirer accepts that the Drivers is responsible for the storage of luggage and his/her decision is final. For the safety of passengers luggage may not be stowed within the seating area, gangways or emergency exits. The Hirer should notify the Company at the time of booking should it be required to carry large bulky items.
The Hirer accepts that passengers will take all reasonable steps to avoid loss or damage to their property.
The Company is not responsible or liable for lost property, luggage or personal effects. These are carried on the Company’s vehicles at the Hirer’s risk.
Should the Driver have any suspicions in the carriage of illegal drugs on persons or in luggage the relevant authorities will be notified.
Any property left on board will be retained by the Driver and returned to the Company’s depot.
The Hirer should notify the Company at the time of booking if valuable items are to be carried.
The Hirer should ensure adequate insurance cover is taken to indemnify against any damage or losses.
5. Drivers’ Hours and Rest Period Regulations
The hours agreed with the Company 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 complied with. The Company reserves the right to curtail or otherwise alter any hire that 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.
Written confirmation by the Company is the only basis for the acceptance of a hiring or for a subsequent alteration to its terms.
A deposit of 30% of the hire price must be paid by the time stated unless otherwise agreed. Full payment of the hire must be made 7 days before departure date unless the Company has agreed in writing to a variation of this condition. Bookings made within 7 days of departure require full payment at the time of booking.
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. This will not be more than 10% of the quoted price. Should the surcharge exceed this then the Hirer will be allowed to cancel without any cancellation charge and the Company will not be liable for any loss or inconvenience suffered.
9. Cancellation by Hirer
Should the Hirer wish to cancel any booking, the following scale of charges shall apply in relation to the total hire charge.
Days prior to coach hire and cancellation charge
8-30 days before departure - Deposit
3-7 days before departure - 50% of hire charge
24-48 hours before departure - 75% of hire charge
Less than 24 hours before departure - 100% of hire charge
Cancellation due to inclement weather conditions will also be chargeable at the above rate. The Hirer will also be charged for any additional items e.g. accommodation, meals, parking, ferry costs which the Company may have purchased on the Hirer’s behalf.
10. 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 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. The Company reserves the right to cancel any booking giving 14 days notice.
11. Vehicle to be provided
The Company reserves the right to provide a larger or more than one vehicle to cover the required seating capacity than that specified at no additional charge unless any extra seats are used.
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 at least equivalent quality.
On board services provided in vehicles e.g. including radios, audio and video players, microphone and public address systems, beverage facilities and toilet facilities is provided at the discretion of the Company and without prejudice and liability. Whilst every endeavour will be made to comply with the Hirer’s requests, the Company cannot guarantee to meet any such requests. The Company is not liable for any claim or injury relating to the provision of on board services.
The Hirer upon using company equipment on the vehicles must return the equipment without damage and in full working order. Should any damage occur the Hirer shall be responsible for repair or replacement costs.
12. Breakdown and Delays
The Company gives its advice on journey times in good faith, however, in the event of a breakdown, traffic congestion or other event, 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 e.g. flight tickets, ferry tickets, theatre or event tickets. Please ensure plenty of time is allowed for the journey and that adequate insurance cover is taken to indemnify against any losses.
In the event of a vehicle breakdown the Company shall replace the vehicle of a comparable specification wherever possible.
13. Conduct of Passengers & Passenger Safety
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 Hirer will also be responsible for any additional cleaning costs as a result of passengers’ sickness or conduct.
The Public Service Vehicle (Conduct of Drivers, Inspectors, Conductors and Passengers) Regulation 1990 apply.
Any threatening behaviour towards the Driver will result in termination of the booking and the Police may be notified. If the booking is terminated due to threatening behaviour no refunds will be possible.
Passengers are requested to observe all seat belt signs displayed and ensure they remain seated whilst the vehicle is in motion with their seat belt securely fastened at all times.
Passengers should familiarise themselves with the emergency exits.
Children who are unable to sit unaided must travel on the parent/carer’s lap outside the fastened seat belt.
Passengers with wheelchairs are required to travel with assistance. Drivers are unable to assist due to their personal safety and that of the passenger.
Any specialist needs for passengers must be defined at the time of booking. The well being of the passengers remain with the Hirer.
Any complaints in respect of the Company’s services should be made in writing to the Company’s office within 14 days.
15. Refreshments, Alcoholic Drinks, Smoking and Drug Use
In the interests of passenger comfort, other than on the vehicle fitted expressly for that purpose, food and drink (including alcoholic beverages) may not be consumed on the vehicle without written agreement from the Company. Smoking, the taking and the carriage of illegal drugs is not permitted on our vehicles.
Should the Driver have any suspicions that illegal drugs are being carried on persons or in luggage then the relevant authorities will be notified.
Where appropriate, Hirers should acquaint themselves with the Sporting Events (Control of Alcohol) Act 1995, which does not allow the consumption of alcohol to football matches.
We do all in our power to meet the Hirer’s requirements but we cannot guarantee or accept liability for the delay or cancellation of coaches or buses through unforeseen circumstances e.g. strikes, mechanical breakdown, motorway closures, road accidents, fires etc. The Company is also not liable for any consequential loses as a result of any delays. The Hirer should read these conditions as we only contract in accordance with these terms. The Hirer should ensure adequate insurance provision is taken out to cover any potential loses.
Regal Explorer is a subsidiary of Regal Busways Ltd, Ongar Road West, Chelsmford, Essex CM1 3SR Tel: 01245 249001