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Minsterley
Motors Ltd
The Garage, Stiperstones,
Minsterley, Shrewsbury,
Shropshire SY5 0LZ
Our Terms & Conditions
Application
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.
Liability
The
Company shall not be liable for loss to the hirer or any of the
passengers in the coach resulting from:
(i)
Stoppages of work howsoever caused, preventing performance of the
contract hire.
(ii) Loss
of, or damage to, luggage or any property which belongs to any passenger
that is left in a vehicle unless such loss or damage is caused by any
act or default of the Company. All articles of lost property recovered
from a vehicle will be held at the depot at which the vehicle is based.
(iii)
Breakdowns of the Company's vehicles.
(iv)
Breakdowns of vehicles or ferries belonging to third parties.
(v) The
conditions of any vehicles, ferries or premises belonging to third
parties.
(vi) The
Company hereby limits its liability resulting from vehicle hire to the
total cost of the hire.
(vii) Any
delay caused by an Act of God or any other circumstance not under the
Company's control.
(viii)
Breakdown of onboard facilities (when provided) e.g. toilets, drink
machines, videos, radio/cassette and public address systems.
Quotations
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. Unless otherwise stated admission charges, meals,
accommodation and parking charges for special events are not included in
the price quoted. Quotations are valid for 28 days from the date of
issue or for any other period specified in writing.
Confirmation
Written confirmation by the
Hirer is the only basis for the acceptance of a hiring of a coach.
Payment
(i) The
Company will send an invoice at the end of the hire. Payment is due
within 14 days of the date of invoice. The Company reserves the right to
add interest at the rate of 3% above The Royal Bank of
Scotland
base rate in force at the time being, after the date by which payment
should have been made.
(ii)
Subject to prior arrangement with the Company, the Company will accept
payment from a non-UK clearing Bank-by-Bank Transfer. Such a payment
shall be the full sterling value of the invoice rendered. All charges,
negotiation fees, interest or any other costs relating to the transfer
of funds are to be the responsibility of the Hirer.
Cancellation By
The Company
In the
event of any emergency or force majeure or of any action by the Hirer to
vary agreed conditions unilaterally, the Company may, by returning all
money paid and without further or other liability, cancel the Contract.
Cancellation By
the Hirer
(i)
Should the Hirer wish to cancel any agreement, the Company reserve the
right to apply the following scale of charges in relation to the total
hire charge:
From time of booking up to 7 days prior to date of
hire: Free of Charge
From 6 days up to 72 hours prior to date of hire:
50%
From 48 hours to 24 hours prior to hire: 75%
Less than 24 hours prior to hire: 100%
(ii)
Cancellation due to inclement weather will be charged at £25.00.
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
commensurate with the costs incurred. In any event the vehicle(s) will
depart at times agreed with the Hirer and the Company will not be liable
for any loss or injury sustained by any passenger who fails to join a
vehicle at the appointed time.
Delays
The Company gives advice
on journey time in good faith but does not guarantee the completion of
any journey in any specified time and will not be liable for loss, delay
or inconvenience caused by the actual time of the journey.
Substitution
The
Company reserves the right to hire in vehicles from other operators and
also to provide a larger than specified vehicle at no additional charge,
unless any seats are used. If extra seats are used an additional charge
will be made pro-rata to the hire charge. The Company reserves the right
to substitute other vehicles (including those of other operator(s)) or
ancillary facilities for all or part of the hiring subject to such
substitute, so far as possible in the circumstances, being of similar
quality.
Agency Agreements
Where
the Company hires in vehicles from other operators and where the Company
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 Company shall be
binding on the Hirer as if he had directly contracted for such services.
Drivers’ Hours
and Rest Periods
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 current
regulations governing driver’s 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.
Driver’s
Accommodation
Unless agreed otherwise, in writing,
driver’s accommodation (where applicable) must be provided and paid for
by the Hirer. This should be single en suite accommodation including
bed, breakfast and an evening meal.
Use of Vehicle
Unless confirmed in writing by the
Company 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.
Seating Capacity
The Hirer must not load any vehicle
beyond the number of passengers that it is legally permitted to carry.
The Company reserves the right to supply a larger coach than is ordered
at no extra charge. Should there be room to accommodate additional
passengers, other than stated at the time of booking, the Company
reserves the right to apply an additional charge.
On Board Facilities
If needed, then a request by the Hirer
for a toilet, drinks machine, video, radio cassette and public address
system etc, should be made at the same time as the quotation is given.
Refreshments &
Alcoholic Beverages
Other than on a vehicle fitted
expressly for that purpose, no food & drink, including alcoholic
beverages, may be consumed on the vehicle without prior written consent
from the Company.
Passengers
Property
The recommendation of the Department
of Transport is that for safety of passengers each passenger is limited
to a maximum baggage weight of 10 kilos per person. Unless previously
agreed with the Company the driver is the sole arbiter as to the
carriage of a passenger’s luggage and its storage. The Company will not
accept liability for any damage to or loss of any property left on a
vehicle by a passenger. All articles of lost property recovered from a
vehicle will be held at the depot at which the vehicle is based for a
period not exceeding one month, after which the Company reserves the
right to dispose of the items.
Conduct of
Passengers
The driver is responsible for the
safety of the vehicle. Any passenger whose conduct is in breach of
statutory regulations 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.
School Parties
The ‘organiser’ shall be the Hirer and not the
School. It shall be the absolute responsibility of the Hirer to ensure
that the necessary arrangements have been made for the safe supervision
and conduct, including the wearing of the seatbelts, of all students in
the party. A member of staff must occupy the seat situated alongside the
Emergency Exit at the rear of the vehicle.
Animals
On a private hire no animal may be
carried without prior agreement, in writing, of the Company.
Complaints
Any complaint in respect of the
Company’s services should be made in writing to the Company’s registered
office as soon as possible and in any event within 28 days at the end of
the hire.
Notices
No bill, poster or notice is to be
displayed on any vehicle without the consent of the company.
Insurance
Hirer and individual passengers are
advised to insure themselves for those events not covered under the
Company’s Policy, for example, delay and loss of luggage. The Company
can arrange additional insurance cover on request.
English Law
English Law governs this Contract.
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