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1) Application - These terms & 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 the responsible person. 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. |
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2) Quotations - Quotations are valid for 28 days unless otherwise notified. 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, Nippybus 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. |
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3) 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. Unless otherwise agreed by the Company, the vehicle will depart at the time agreed in writing and the Company shall not be responsible for inconvenience caused to any member of the party as a result of that member’s failure to be at the departure point at the agreed time. In the event that the party or any of its members does not arrive back at the vehicle for any homeward journey within one hour of the agreed time, the driver may return to the point of departure and the hire will be deemed to have ended when that point is reached. If the vehicle is required by the hirer for any extra time and the Company agrees to extend the hire, the extra time will form part of the hire period. Any charges for additional hire time will be pro rata based on an hourly rate of £100.00 |
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4) Driver’s Hours and Rest Periods - The law strictly controls the driver’s hours of driving and rest periods and the current regulations must be complied with. Nippybus will agree the hours of operation of the hire and these must be observed. 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. |
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5) Seating Capacity - The maximum numbers allowed on the vehicle is indicated on the vehicle. No standing passengers allowed. Drivers will not carry an extra passenger over the seating capacity. |
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6) Animals - will not be carried on any vehicle, except guide dogs. |
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7) Payment - A non-refundable deposit of £250 is required at the time of booking or, if the booking is made 10 days or less before the period of hire, the full amount shall be payable at the time of booking. The balance of the hire charge is due 10 days before the hire date. A security deposit of £250 is required in cash prior to the commencement of any booking against any loss or damage caused to the vehicle or excessive cleaning required. The deposit will be refunded in full within 7 days of return should the vehicle return in a satisfactory condition. In the event of sickness or spillage within the vehicle, the hirer will alert a representative of the Company on board as soon as possible and the Company reserves the right to charge £75 for each affected area.
In addition to the hire fee the hirer is also responsible for all parking fees, road and bridge tolls, congestion and similar charges, fees or levies incurred by the vehicle in respect of the journey constituting the hire, unless otherwise agreed by the Company. Such charges are to be paid on demand. |
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8) Cancellation By Hirer - If the hirer wishes to cancel or amend any agreement, the following scale of charges will apply in relation to the total hire charge.
- 10 days or more before the hire period – 10% of the hire fee or £250, whichever is greater.
- Less than 10 days before but more than 2 days before the hire period – 50% of the hire fee.
- 100% of the hire fee in all other circumstances
Cancellation due to inclement weather conditions will be charged as above. Theatre/concert tickets already purchased are not refundable & must be paid for in full. Accommodation, meals etc. arranged on your behalf by our company may be liable for a cancellation charge. Any deposit of up to £250 paid for bookings where accommodation, meals, ferries & other services are being reserved, will be liable to retention in the case of cancellation by the hirer. This will cover administration costs incurred and deposits forwarded to third parties. The amount to be kept in such an instance will be decided at the discretion of Nippybus. |
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9) Cancellation by Nippybus - In the event of an emergency or an action by the hirer to vary the agreed conditions, Nippybus may return all monies paid less any deposit and without further liability cancel the contract. In the event of a breakdown of the vehicle before a period of hire resulting in its being unable to perform the hire journey the Company shall refund all monies paid by the hirer. In the event of a breakdown of the vehicle during the period of hire the Company shall refund such part of the fee as it may decide is reasonable. This shall be the Company’s total liability to the hirer and all passengers in relation to such cancellation or breakdown. |
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10) Change Of Vehicle - Nippybus may provide a larger vehicle than the size hired at no additional charge. Nippybus reserves the right to hire another Coach Operator to cover the hire. |
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11) Route - The route used, unless the hirer has advised of a particular route will be at the discretion of Nippybus and/or the driver. |
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12) Breakdown/Delay - Nippybus 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. |
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13) Agency Agreement - When Nippybus provides meals, accommodation, ferries, admission tickets and any other services provided by another contractor, it does so as an agent of the hirer on his behalf. Any terms and conditions imposed by the contractor will be binding on the hirer as if he had directly contracted the services himself. |
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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. Nippybus will not accept liability for any damage or loss of any property, which belongs to any passengers and is left on a vehicle. 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. |
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15) Insurance - All hirers and individual passengers are recommended to obtain insurance for those items where, save for negligence, Nippybus’s liability is limited (such as delay or luggage). |
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16) Conduct of Passengers - The driver is responsible for the safety of the vehicle and passengers and will decide in his or her sole discretion what conduct and behaviour is permissible. Aggressive behaviour, swearing, standing on the seats, standing on the open platform at the rear of the vehicle, moving between lower and upper decks whilst the vehicle is in motion will never be permitted. The Company reserves the right to evict any passenger who it decides, in its absolute discretion, is behaving inappropriately. The hirer will be responsible for all damages caused to the vehicle by passengers during the hiring including spoiling of the vehicle interior. |
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17) Complaints - must be made within 14 days of the date of hire to the driver or in writing to: Nippy Bus Ltd. Great Western Road, Martock, Somerset TA12 6HB |
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18) Notices - No bill, poster or notice is to be displayed on any vehicle without prior consent of Nippybus. |
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19) Refreshment and Alcoholic Drinks - Food (except confectionery) and drink (including alcoholic beverages) may not be consumed upon the vehicle without the prior written consent of Nippybus. No glass bottles or drinking vessels may be taken into the vehicle. |
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20) Smoking - It is not permitted to smoke in the vehicle at any time. Any passenger breaching this term will be evicted from the vehicle. |
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21) English Law - Orders are only accepted in that the Law of England shall apply to the contract arising from such an order, and to the determination of the rights and liabilities of the respective parties and in that no action or other proceedings shall be bought by either party in relation to such contract except in a Court of competent jurisdiction. |
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March 2008 |
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