Berkshire’s Big Red Bus Company Limited
35 Rosedale Crescent
Terms & Conditions of Hire
These terms and conditions of hire (“Terms”) govern any contract for hire between Berkshire’s Big Red Bus Company Limited (company number 09313783) (referred to as “we” “us” or “our”) and the person hiring any vehicle (referred to as “you” or “your”) from us.
1.1 You may make an enquiry for hiring one of our vehicles via our website or by telephone or email. We may give you an initial estimate but any firm prices will be confirmed in a formal booking quotation which shall be accompanied by, and subject to, these Terms. Our booking quotations are valid for 7 days unless otherwise stated.
1.2 Quotations are given on the basis of the direct route for the journey requested and the information and timings provided by you. The route we actually use will be at our discretion unless it has been specified by you and agreed by us and confirmed on the booking quotation.
1.3 We will only use a route which is safe for the passage of the vehicle chosen. Our double decker bus requires a minimum height clearance of 14 feet and 9 inches and a minimum width clearance of 8 feet 6 inches.
1.4 We will use reasonable endeavours to accommodate your route request, but will pick-up and drop-off at the nearest safe point. We will endeavour to advise you, at the time of booking, if the route you have requested is not feasible but it is your responsibility to check with the pick-up and drop-off venues if there are any height or width restrictions.
2.1 If you confirm that you would like to proceed on the basis of our booking quotation (which includes these Terms) and pay the deposit referred to in paragraph 14.1 below, we shall send you a receipt to confirm we have received your deposit and to confirm your booking.
2.2 You are responsible for ensuring the details set out in the booking quotation are correct and any errors should be queried with us immediately.
2.3 The terms of the contract between you and us (as set out in the booking quotation and these Terms) shall not be varied except with the written agreement of both you and us.
2.4 The contract may not be enforced by a third party and you may not transfer the booking to another person except with our prior written agreement.
2.5 You act on behalf of all passengers travelling on the vehicle as part of your booking. Where the booking is made in the name of a company, group, partnership or other body, an individual must be named as your representative. We will only accept instructions from you or your named representative or (on the day of hire) from a party who we think, with good reason, is acting with your permission.
2.6 You are responsible for the actions of the passengers on board and are deemed to have the authority to agree additional costs, should any arise during the course of the booking.
3 Use of the Vehicle between Booked Journeys
You should not assume that the vehicle will remain at the destination between outward and return journeys or that it will be available for use during this time unless this has been agreed with us in advance.
4 Route Time and/or Vehicle Variation
4.1 We reserve the right to levy additional charges for time exceeding that agreed for the booking.
4.2 Should the booking overrun beyond the agreed end time, we may make additional charges as follows:
4.2.1 £70 for the first hour or part thereof;
4.2.2 £140 for the second hour or part thereof; and
4.2.3 £320 for the third and each subsequent hour or part thereof.
4.3 Overruns will be accommodated at our discretion and subject to the availability and other commitments of vehicle and crew.
4.4 Unless otherwise agreed, the vehicle will depart at times detailed in the booking quotation and is your responsibility to ensure all passengers at present at those times. We will not accept liability for any losses incurred by passengers who fail to follow the instructions you give them. We cannot accept responsibility for delays caused by traffic conditions or other disruption beyond its reasonable control. The driver is responsible for the safety of the vehicle, its passengers and other road users and he may deviate from the planned route if he feels it necessary in the interests of safety.
4.5 We will use reasonable endeavours to provide the type of vehicle detailed in the booking quotation but reserves the right to operate a substitute vehicle in the event of unforeseeable difficulties such as breakdown.
4.6 We will make every effort to be at the agreed pick-up point at least 15 minutes prior to pick-up time, however, allowances must be made for traffic delays, major incidents and other events that are beyond its reasonable control. In the unlikely event that the vehicle will be late to the pick-up point, every effort will be made to inform you of an expected arrival time (subject to the laws concerning the use of mobile telephone while driving).
5 The Vehicle
Our fleet is historic and our vehicles are of “as used in daily service condition” inside and out. Due care and attention to detail is taken but you are reminded that these buses are still in regular use after almost 50 years and are not museum exhibits. They are inspected at the same level as a modern bus or coach and have to pass the relevant safety standards.
6 Drivers’ Hours
The driver’s working hours are regulated by law. We are obliged to take these restrictions into account when planning staffing for the hire, and you agree to adhere to the timings agreed with us. Neither you nor any passenger shall delay or otherwise interrupt the journey in such a manner as to put the driver at risk of breaching the regulations concerning driving hours. The driver is responsible for observing these regulations and will advise you or your named representative if any alteration to the agreed schedule would risk causing a breach of the regulations. You will be responsible for any additional costs if the agreed schedule has to be changed to take account of the regulations unless the cause is outside your control.
7 Seating Capacity
The legal seating capacity of the vehicle to be supplied will be detailed in the booking quotation. We will not allow the legal seating capacity to be exceeded under any circumstances.
Smoking is not permitted on any of our vehicles at any time.
The carriage and or consumption of alcohol aboard our vehicles may only take place if agreed in advance between you and us. We may impose such restrictions as it deems fit in respect of the type and quantity of beverages carried for consumption aboard. Glass receptacles may not be used under any circumstances. A charge of £50 will be made for the disposal of rubbish.
The carriage and or consumption of food aboard our vehicles may only take place if agreed in advance between you and us. We may impose such restrictions as it deems fit in respect of the type of food items carried for consumption aboard. A charge of £50 will be made for the disposal of rubbish.
11 State of Vehicle
We will make every effort to ensure that when the vehicle arrives at the pick-up point it is clean and free of rubbish. However, if the vehicle has come straight from another booking, it may be necessary for our staff to make good the vehicle before your party boards it. You will be kept informed of events by our staff.
12 Damage to Vehicle
12.1 A cleaning surcharge of up to £150 may be imposed in the event of spillage of food and/or drink or other contamination of or damage to the vehicle whether arising from the consumption of drinks aboard or from the behaviour of passengers who have consumed alcohol before travelling or from any other action by passengers.
12.2 We reserve the right to request and to hold a damages deposit amount sufficient to cover the cleaning surcharge of £150, this will be returned to you after the booking has been completed provided that no spillage, contamination or damage has occurred.
12.3 A charge may also be made for any exterior damage to the vehicle (including damage to roof panels, windows, side panels, mirrors, tyres and peripheral equipment) which is caused as a result of you giving us inadequate or incorrect information about the route and the drop-off or pick-up venues.
13 Conveyance of Animals, Bicycles, Pushchairs & Wheelchairs
13.1 No animals (with the exception of guide dogs and hearing dogs) or bicycles may be carried on any vehicles except with our prior written agreement.
13.2 One or two small pushchairs may be folded and accommodated in the luggage area. You should consult with us in advance if you wish to carry large pushchairs or wheelchairs on the vehicle. You acknowledge that, due to the historic nature of our vehicles, they cannot be modified to conform to modern accessibility standards. Our crew will do their best to provide non-physical assistance where required, but you are responsible for ensuring that disabled passengers are advised in advance of the limitations of the vehicle.
14.1 A deposit of £200 per vehicle is required as soon as we have issued the booking quotation.
14.2 Unless otherwise agreed in writing, the balance of the hire fee (and any deposit required under paragraph 12.2) must be paid at least 28 days before the start of the hire. Our booking quotation advice will show the exact date by which payment is due.
14.3 If you fail to pay on time we may cancel the booking and retain the deposit you have paid. We also reserve the right to add interest to any late payment (at the rate of 2% per annum above the Bank of England base rate, calculated on a daily basis from the date by which payment should have been made).
15 Conduct of Passengers
15.1 Our conductor is responsible for safety in the passenger areas and his instructions must be followed. In particular, no passenger may travel on the platform or the staircase while the vehicle is in motion and no standing passengers are permitted on either the lower deck or the upper deck. In the event that the behaviour or demeanour of any passenger is deemed by the crew to be hazardous (to the passenger him/herself or to other passengers, the safety of the vehicle, our staff or other road users), the conductor may require him/her to leave the vehicle. No refunds or compensation will be considered in this event.
15.2 If children under the age of 12 years are carried, you are responsible for ensuring that adequate supervision by suitable responsible adults is provided. You acknowledge that, due to the historic nature of our vehicles, seatbelts are not fitted or provided.
16 Insurance and Liability
16.1 We shall not be liable for loss or destruction of or damage to passengers’ property or for injury to passengers unless this is caused by our negligence of that of our personnel. If any
passenger believes he/she has lost any item while travelling on our vehicle, please contact us and we will make a reasonable search for it.
16.2 We shall not be liable under any circumstances for losses arising from traffic delays, road closures, actions of police or other enforcement agencies or any other unforeseeable obstructions to the completion of the hire as planned. If we are unable to complete the booking because of vehicle breakdown, staff sickness or other unforeseeable eventuality, we shall use reasonable endeavours to secure suitable alternative transport for you and your passengers.
16.3 Subject to paragraph 16.1, our liability to you shall not exceed the cost of providing alternative transport to the agreed destination or the total fee paid by you for the booking (whichever is the lower).
16.4 If you book our vehicle in a business capacity we shall not be responsible for any loss or income, revenue or business that results from our failure to comply with these Terms.
17 Compliance with Statutory Provisions and Exclusion of Liability
17.1 You shall at all times comply with all statutory and other requirements having the force of law while your party remains aboard our vehicles and [you shall indemnify us from and against all costs, expenses, liabilities, injuries, losses, damages, claims, demands or legal costs and judgements which we incur or suffer as a consequence of any act or omission by you.]
17.2 You acknowledge that our driver can only stop at legal and safe points along the route and you agree not to instruct him/her to infringe parking regulations (whether on a public or private road). If we incur any penalty charges (including clamping fees) as a direct result of your instructions, you shall be responsible for the full cost of such penalties.
18 Data Protection
We will only use the personal information you provide to us to provide our services to you. We will not pass your data to third parties.
19 Cancellation and Termination
19.1 If you wish to cancel your booking, you must notify us in writing and the following charges shall apply:
Number of days before day of hire when notice of cancellation is given Cancellation charge
28 days or more
50% of total hire charge
75% of total hire charge
Less than 14 days
100% of total hire charge
19.2 We may terminate the contract with you with immediate effect if, before the day of hire, you make any voluntary (or similar) arrangement with your creditors, have an administrator or receiver appointed or become to bankruptcy or insolvency proceedings in any jurisdiction. Termination will not affect either party’s outstanding rights or duties under the contract, including our right to recover from you any money you owe us under these Terms.
20.1 If we fail to enforce these Terms at any time this shall not affect our right to enforce them subsequently.
20.2 If any provision of these Terms is found to be invalid or unenforceable, this shall not affect any other provisions which shall remain in full force and effect.
20.3 Any notice or other communication should be sent by delivered by hand or sent by post or email:
(a) to us at 35 Rosedale Crescent, Earley, Reading, Berkshire, RG6 1AS or firstname.lastname@example.org; and
(b) to you at the address or email address given by us at the time when you make the booking,
provided always that notice given by email will only be valid if it is supported by a valid server delivery receipt.
20.4 These Terms shall be construed in accordance with the laws of England and the English Courts shall have jurisdiction.