General Conditions of Carriage
1. Definition & Interpretation – In these General Conditions, unless the context otherwise requires: The singular includes the plural and vice versa; words importing one gender include all genders; any reference to “persons” includes actual persons, firms, companies, associations, organisations and trusts; any reference to any clause is to a clause of this agreement; and any reference to “including” or “includes” means including without limitation.
2. Application – These terms & conditions apply whether a contract has been made verbally or in writing. The hirer is responsible for the actions and decisions of all passengers on board including any additional costs incurred in performing the contract whether or not they actually travel with the party.
3. Quotations – Quotations are given for Minibus & driver only. Quotations are valid for 7 days unless otherwise notified.
4. Use Of The Vehicle – The hirer cannot assume the use of the vehicle between outward & return journeys, nor that it will remain at the destination for the hirer's use unless this has been agreed with The Company. The Company reserves the right to levy additional charges for additional mileage or time to that agreed. The charges will be pro rata & in accordance with booking confirmation.
5. Seating Capacity – The maximum numbers allowed on the vehicle is indicated in the vehicle. No standing passengers allowed. Drivers will not carry an extra passenger over the seating capacity.
6. Animals will not be carried on any vehicle, except guide dogs, or with express permission of the company.
7. Payment – A 50% deposit is required to secure a booking with the balance to be paid 7 days prior to the hire taking place, or otherwise agreed with the company.
8. Cancellation By Hirer – If the hirer wishes to cancel the hire after 2 hours but before 7 days of booking a £15.00 administration charge will be levied. 50% of the money paid will be forfeited if cancelled between 2 and 7 days of the hire date and 100% if 1 day or on the day of hire.
9. Cancellation by The Company – In the event of an emergency or an action by the hirer to vary the agreed conditions, the company may return all monies paid and, without further liability, cancel the contract.
10. Change Of Vehicle – The Company may provide a larger vehicle than the size hired at no additional charge. The company reserves the right to hire another Coach Operator to cover the hire.
11. Route – The route used, unless the hirer has advised of a particular route or places to be passed en-route, will be at the discretion of the company and/or the driver. The vehicle will depart at the times agreed by the hirer, and it's the responsibility of the hirer to account for all passengers at those times. The company will not accept liability for any losses incurred by the passengers who fail to follow instructions given by the hirer.
12. Breakdown/Delay – The Company gives advice on journey times in good faith, but does not guarantee the completion of a journey at a specific time, and will NOT be liable for inconvenience or loss caused by breakdown or delay.
13. Drivers Hours – The hours of operation of the driver are regulated by the law and the hirer accepts the responsibly of ensuring the hire keeps to the hours and times agreed by the company. Neither the hirer nor any passengers shall delay or otherwise interrupt the journey in such a way that the driver is at risk of breaching regulations relating to drivers hours and duty time. If any breach is likely to occur the hirer will be responsible for any additional costs.
14. Property – All vehicles hired are subject to restrictions on carrying luggage for statutory safety reasons & the driver shall be the sole judge as to whether & to what extent passengers' property is carried. No property, which is, in the opinion of the driver, unsuitable for conveyance in a vehicle (due to it’s size or otherwise) shall be carried by us. Property is carried free of charge at your risk and we accept no responsibility whatever for any loss or damage to it however caused (including where we, or anyone else, have been negligent) The Company will not accept liability for any damage or loss of any property, which belongs to any passengers and is left on a vehicle.
15. Lost Property - Property left on any of our vehicles is treated in accordance with the rules laid down by the Public Service Vehicles (Lost Property) Regulations 1978, as amended by SI 1995/185. If you find property accidently left in a Vehicle you must immediately hand it to the driver of the vehicle in the state that you find it, or where this is not practicable deliver it to our depot. Any articles of found property recovered from a vehicle will be held at the depot from where the vehicle is based and may be collected from there (333B Rayners Lane, Pinner HA5 5EN).
16. Insurance – All hirers and individual passengers are recommended to obtain insurance for those items where, save for negligence, the company's liability is limited (such as delay or luggage).
17. Conduct of Passengers – You are carried subject to the provisions of all applicable legislation regarding your conduct from time to time including the Public Service Vehicles (Conduct of Drivers, Conductors and Passengers) Regulations 1990 SI 1020, as amended by SI 1995/186. The driver is responsible for the safety of the vehicle. Any passengers whose conduct is in breach of statutory regulations will be removed on the driver's authority. The hirer will be responsible for all damages caused to the vehicle by passengers during the hiring. Damage/Vandalism to any Citibus vehicle will be charged to the Client. This will be the full cost to repair the vehicle. In the event that one of the persons in the party being sick or soiling the vehicle, Citibus will charge £50-£100 depending on the size of the vehicle hired to have cleaned, this also covers the time the bus will be “out of service”. Cleaning fees are to be paid on the evening, other damage will be assessed and the Client informed as soon as an estimate is available. An invoice will be sent and marked due once the damage estimate is available. If payment is not received the debt will be passed to a collection agency.
18. Luggage - The driver reserves the right to refuse the carriage of luggage if in his judgment the volume of weight is excessive.
19. Complaints - Any complaints must be made within 7 days of the date of hire in writing to Citibus Limited, 333B Rayners Lane, Pinner HA5 5EN no compensation will be paid out from our company for any reason.
20. Notices – No bill, poster or notice is to be displayed on any vehicle.
21. Alcohol – Under no circumstances may alcoholic drinks be carried on or consumed upon the vehicle.
22. Smoking – Smoking is strictly forbidden on all of our vehicles as required by law.
23. Surcharges – The quotation given is based on operating costs at the date of the quotation. When more than 28 days elapse between the date of the quotation and the date of departure, the company reserve the right to pass on to the hirer any increase in the cost of fuel or any other increased costs resulting from Government action.
24. Third Party Rights - Only you and the Company are entitled to enforce any of the terms of the carriage contract. No third party is entitled to enforce any of the terms except where the carriage contract expressly provides that such person is entitled to enforce any of its terms, in accordance with the Contract (Rights of Third Parties) Act 1999.
25. Invalidity – If a provision in the carriage contract is held to be illegal, invalid or unenforceable then such a provision shall, to that extent, be deemed deleted from the remainder of the carriage contract, which shall remain unaffected.
26 Waiver – No failure to exercise and no delay in exercising any right or remedy in connection with the carriage contract shall operate as a waiver of that right or remedy. A waiver of any breach shall not be deemed to be a waiver of any subsequent breach.
27 Remedies Cumulative – The rights and remedies contained in the carriage contract are cumulative and are not exclusive of any other rights or remedies provided by law.
28 Law and Jurisdiction – This Carriage Contract is subject to English law and the parties submit to the exclusive jurisdiction of the courts of England and Wales.