TALLY HO! COACHES LIMITED

TERMS & CONDITIONS OF TRADE

These conditions apply to the private hire of transport, not operating as a package, as defined by the Package Travel, Package Holidays and Package Tour Regulations 1992.

These conditions may be altered from time to time and without notice.

1.      Application

These conditions apply whether a contract has been made 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 the 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.

The Hirer is responsible for the actions and omissions of all passengers travelling on the vehicle. In the event of any breach of these conditions by such passengers, such breach will be deemed to be a breach by the Hirer.

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 representative must be 18 years of age or over. 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. Otherwise, the Hirer will be deemed to accept these conditions.

2.      Quotations

Quotations are provided 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. Quotations are valid for 28 days unless otherwise notified. Quotations are given for coach and driver(s) only. Any additional charges will be separately identified and will be the Hirer’s responsibility unless otherwise specified.

Unless otherwise stated, quotations are provided for coach and driver(s) only. Any additional charges such as, but not limited to, accommodation, admission costs, meals and parking fees will be separately identified and will be the Hirer’s responsibility unless otherwise specified.

3.      Use of the Vehicle

The Hirer cannot assume use of the vehicle between outward and return journeys nor to remain at the destination for the Hirer’s use unless this has been agreed with the Company in advance. Please note that even a small variation in the hire details can involve a significant increase of cost. Examples of this would include the need to send out a relief driver in order to comply with drivers’ work limits, or the securing of another vehicle and driver if a later return affects other work to which your coach and driver were assigned.

4.        Route and Time Variation

The Company reserves the right to levy additional charges for additional mileage or time to that agreed. The charges will be pro-rata and in accordance with the formula advised on the booking confirmation.

Any alterations to the agreed itinerary must be made directly with the Company, not the driver.

The vehicle will depart at the times and locations agreed by the Hirer at the time of booking, 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.          Drivers’ 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 nor 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 working 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 as in Condition 4.

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, should this occur, the driver will not permit the vehicle to commence its journey.

7.        Conveyance of Animals

On a private hire, no animals (other than guide dogs, hearing dogs and registered assistance dogs notified to the Company in advance) may be carried on any vehicle without prior written agreement from the Company. However, animals must not sit or travel on seats of the vehicles.

Where animals are permitted to be carried on a Company vehicle, the Hirer will be responsible for any damage caused by that animal.

8.        Confirmation

The Hirer will be sent written confirmation by the Company on receipt of written or emailed acceptance of a hiring or for a subsequent alteration to its terms.

9.          Payment

Any deposit requested must be paid by the date stated, and payment in full must be made before the start of the hire unless otherwise agreed by the Company.

The Company reserves the right to add interest at the rate of 2% per annum above the base rate of Lloyds Bank, calculated on a daily basis, from the date by which payment should have been made.

10.       Cancellation by Hirer

1. If the Hirer wishes to cancel any agreement, the following scale of charges will apply in relation to the total hire charge:

1. The cost of accommodation, meals and theatre tickets which have already been purchased by the Company at the request of the Hirer, will be charged to the Hirer, plus any administration charges incurred by the Company.

2. Cancellation due to inclement weather conditions will be charged as above.

3. Ferry/Tunnel crossings, theatre tickets or other such ancillary service once purchased are not returnable and must be paid for in full.

11.      Cancellation by the Company

In the event of any 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 and without further or other liability, cancel the contract.

12.       Vehicle to be provided

1. 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.

2. 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. Should the substitute vehicle have more seats compared with the original vehicle to be provided, the Hirer will not be liable to the Company in respect thereof, unless such additional seats are subsequently requested by you.

3. The Company reserves the right to provide multiple vehicles to meet the seating capacity requirements of the Hirer.

4. In all circumstances the Hirer is responsible for communicating the required vehicle size and any specific requirements such as height, length or width restrictions at the time of booking.

13.       Breakdown and Delays

The Company provides 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.

Should you need to reach your destination by a specified time, it is the Hirer's responsibility to ensure that appropriate additional time is incorporated into the hire when booking the Company to deliver the service.

14.      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 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.

15.     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.

16.     Passengers’ Property

1. All vehicles hired by the Company are subject to restrictions on carrying luggage for statutory safety reasons. The Hirer accepts that the driver shall be the sole judge as to whether and to what extent passengers’ property is carried. Large bulky items may not be able to be carried, and the Hirer should take all steps to notify the Company in advance of such requirements.

2. Please restrict your luggage to a suitcase weighing no more than 18 kgs per person. We cannot accept responsibility for loss or damage to luggage unless through our negligence. Please do not leave valuable items in your suitcase when left on the coach.

3. The driver has full discretion on the carriage of luggage, property and its storage on the vehicle.

4. The Company accepts any personal property of the Hirer and their passengers on the understanding that it will take all reasonable steps to avoid loss or damage. The Hirer should notify the Company or the driver if items of exceptional value are to be carried on the vehicle. It is the Hirer’s responsibility to minimise risk of loss when property is left unattended.

5. The Company’s liability for loss and damage to property, however caused, is limited to £500 per bag, case or package with an overall limit of £1000 (overall claim value) maximum per passenger. It is the responsibility of the Hirer to ensure that items over this value are insured separately for loss and damage.

6. The limits in this section do not apply to personal injury claims.

7. All articles of lost property recovered from the vehicle will be held at the Company’s premises where the vehicle is based and will be subject to the current Public Service Vehicle (Lost Property) Regulations. The Company will provide details of this legislation on request.

17.        Passenger Conduct

1. 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.

2. The Hirer is responsible for any damage caused to the vehicle by any passenger for the duration of the hire.

3. All passengers must remain seated with their seatbelts securely fastened whilst the vehicle is in motion unless using the lavatory if these have been requested in the hire. The Hirer must ensure that all passengers are made aware of this requirement prior to them boarding the vehicle.

4. 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) Act 1985, (as amended) and the conditions of entry to racecourses as laid down by the Racecourse Association Ltd. The Company will provide details of these restrictions on request.

5. Hirers are reminded of the terms of section 2A of the Sporting Events (Control of Alcohol) Act 1985, as amended by the Public Order Act 1986, which prohibits the possession of a firework or an article or substance, whose main purpose is the emission of a flare, smoke or a visible gas, at any time during the period of, while entering or trying to enter a designated sporting event.

6. A ‘designated sporting event’ generally means any association football match, whether national or international. The full legal definition of the different classes of designated sporting events may be found in the Sports Grounds and Sporting Events (Designation) (Amendment) Order 2011, under Article 2(1) and 2(2) of Schedule 2.

7. It is an offence for an operator of a PSV (or his servant or agent) to knowingly cause or permit the carriage of alcohol on journeys to which these regulations apply. The Hirer will be responsible for any fines or related costs, expenses and other losses incurred by the Company, its driver, and any affiliated company of the Company because of any breach of the Sporting Events (Designation).

8. It is forbidden for any passenger to carry or consume illegal drugs on the vehicle.

9. All coaches are non-smoking. For the avoidance of doubt this includes e-cigarettes and vapes.

10. It is the Hirer’s responsibility to ensure that the passengers do not distract the driver at any times whilst they are driving the vehicle.

11. The Company employees are entitled to work free from bullying and harassment. The Hirer and passengers are required to treat all Tally Ho employees as they would expect to be treated themselves. Copies of the Company’s Third-Party Bullying and Harassment Policy and Sexual Harassment Policy are available on request.

12. Unless otherwise stated, the Hirer will be responsible for compliance by the passengers of the requirements made of them, whether pursuant to this condition or otherwise.

18.      Carriage of Children

1. The Company is not required by law to provide child car seats in coaches and buses. The Hirer is responsible for providing a child seat if they wish a child to use one and the Company accepts no responsibility for any child seat so provided (whether due to a design fault or a failure of the child to follow instructions advised by the driver).

2. Seat belts must be fitted in buses and coaches except ones in which standing is permitted, or which are being used to provide a "local service". If seat belts are fitted, they must be worn by all seated passengers aged 14 years and over.

3. Passengers aged under 14 years are not legally required to wear seatbelts, but it is much safer if they do so.

4. The Hirer will remain responsible for the actions or omissions of children in meeting the requirements of this condition.

19.     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 charge of £100 will be made if the vehicle is damaged or soiled. If the extent of the damage or soiling is such that the vehicle is out of service for any length of time, the Company may charge the Hirer a minimum of £500 per day or part thereof for which the vehicle is out of service.

All payment requests made pursuant to this condition will be paid by the Hirer within 10 calendar days of receipt of an appropriate invoice.

19.    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/courier or from the Company. If this has not provided a remedy, complaints should be submitted in writing and within 14 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.

20.      Notices

No bill, poster or notice is to be displayed on any vehicle without the prior written consent of the Company.

21.      Refreshment and Alcoholic Drinks

Under no circumstances may alcoholic drinks be carried on or consumed upon the vehicle without the express written permission of the Company. A refundable deposit may be required when hiring a coach to destination where alcohol is likely to be consumed.

We do not permit hot food items to be consumed on our vehicles. Any other food items wishing to be brought on to the coach must be given prior authorisation from the driver.

It is against the law to carry or consume alcoholic drinks on a coach proceeding to or from a designated sporting event and the Hirer should be aware of the regulations relating to this. See Condition 17(d) for further information.

22.     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 the scale of cancellation charges shown in Condition 10. The   liability of the Company will be limited to the cost of the hire and any ancillary services supplied.

23.     Travel Insurance

Tally Ho Coaches Ltd does not provide or sell travel insurance. We recommend that private hire passengers have cover and that they make arrangements with a suitable insurer or broker before travelling.

24.      Smoking

All coaches are non-smoking. For the avoidance of doubt this includes e-cigarettes and vapes.

25.     Lost Property

Luggage is carried at the owner’s risk, and we shall not be responsible for any property or equipment left on the coach. Any item of lost property will be held for a period of 1 month following the date of the tour in accordance with the minimum regulation laid down by the Road Traffic Act 1960 & the Public Services Vehicles (Lost Property) Regulations 1995.

There will be a minimum charge of £2.00 on collection from our office in Station Yard Industrial Estate, Kingsbridge, Devon, TQ7 1ES. Postage and packaging will be charged extra.

 

Passenger Safety Advice

When aboard a Tally Ho coach, your journey should always be relaxing, comfortable and enjoyable. At the same time, we wish to maintain the safety of all our passengers while travelling with us.

Travelling by coach is one of the safest transport methods, but you should always take extra care when the vehicle is in motion to ensure your safety and the safety of those you are travelling with.

 

That’s why we have put together some handy tips to keep you safe when aboard a coach:

 

• Wear your seatbelt at all times while the vehicle is in motion.

• If possible, try to avoid moving around the cabin of the coach whilst the vehicle is in motion.

• If it is unavoidable and you do need to move about the cabin always maintain three points of contact to improve your stability.

• Be aware that the vehicle may need to change direction or stop suddenly due to changes in traffic conditions.

• Make sure that your luggage is safely stowed away and not left in the walkway to avoid trip hazards.

• Try to time your movements for when the coach is on an open road, such as a dual-carriage way or motorway. This will be when the cabin is at its most stable, and the driver will be less likely to need to make rapid changes in direction.

• Listen out for passenger announcements from the driver on safety and vehicle stopping points.

 

3 Points of Contact

When standing or walking through the coach please ensure you always maintain 3 points of contact; with feet spaced apart for balance and at least one hand holding on to available handles or seat backs. Use your body as a brace against seats if required.