Terms & Conditions of Hire, Royal Ascot Bus trip 18/06/24

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 paying for a seat on the vehicle (referred to as “you” or “your”) from us.
1 Quotations
1.1 You may make an enquiry for ticket/s on our vehicle/s 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. The route we actually use will be at our discretion.
1.3 We will only use a route which is safe for the passage of the vehicle chosen.
1.4 Pick up and drop of location at the nearest safe point to the advertise location in the details provided in the trip details.
2 Bookings
2.1 If you confirm that you would like to proceed on the basis of our price quotation/ticket (which includes these Terms), your ticket/place on board is only secured once payment has been paid & received, referred to in paragraph 14.1 below, we shall send you a receipt to confirm we have received your payment and to confirm your booking.
2.2 You are responsible for ensuring that your details sent to us is 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 in your group 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 within your party/tickets purchased 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
The vehicle will remain at the destination (Royal Ascot, park 8C) between outward and return journeys. It will be available for use during this time for the purpose to rest and relax if required.
4 Route Time and/or Vehicle Variation
4.1 The vehicle will always depart any location at the time given on your information, it will not wait for any late arrivals. If you/anyone in your party are late to the published pick up time for your location. You will need to make your own way to your next location (Royal Ascot or drop off location on return journey), at your own cost.
4.2 Unless otherwise agreed, the vehicle will depart at times detailed in the booking information/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.
4.3 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, vehicle availability or predicted weather conditions.
4.4 We will make every effort to be at the agreed pick-up point at least 5 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 60 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
Our vehicles have a legal seating capacity. We will not allow the legal seating capacity to be exceeded under any circumstances.
8 Smoking/Vaping
Smoking or Vaping is not permitted on any of our vehicles at any time. This includes the upper deck of our Open Top double decker bus.
9 Alcohol
9.1 Two-three complementary drinks (Prosecco or a non alcoholic drink) will be provided on the outbound journey of your trip. The carriage and or consumption of your own alcohol aboard our vehicles may only take place on the outbound journey, 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.
9.2 Alcoholic drinks to be consumed with your picnic on arrival @ Royal Ascot is permitted, these must be kept secured with your picnic during your travel on board.
9.3 For your return journey there is a strict no alcohol is to be consumed on board. There is no exception to this ruling.
10 Food
10.1 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.
10.2 Consumption of food on your return journey is not permitted. There is no exception on this ruling.
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.
12 Damage to Vehicle
12.1 A cleaning surcharge of up to £50/person 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 Payment
14.1 To secure your place on board full payment of your tickets must be made as soon as we have issued the booking quotation within 72 hrs.
14.2 Your ticket/s are strictly non-refundable in the event that you cancel your booking.
14.3 If you fail to pay for your tickets in the time frame given (72hrs), we reserve the right to cancel your booking and sell your seats to any other interested parties.
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 Passenger personal conduct
i) We always insist that if someone is a little but drunk during the journey and could be unwell that they sit on the lower deck, with a colleague to sit with them, and the crew will guide them on this.
ii) In the rare occasion, if in the driver/crews opinion a passenger is so intoxicated, that they feel that person is not safe to travel for their safety, other passengers safety, crew or vehicle safety or have been or likely to be unwell, they driver and crew reserve the right to not let that person board and they would have to find their own way home at their own expense. That person will not be entitled to any form of refund.
iii). In the event of any abusive behaviour towards BBRBC staff, that person would not be allowed to travel any further on the bus and they would have to find their own way home at their own expense. That person will not be entitled to any form of refund.
15.3 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.
19.2 All tickets are non-refundable if you cancel your booking.
20 General
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 1 Model Farm Cottages, Bath Road, Sonning, Reading, RG4 6TD or bookings@bigredbus.company; 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 Entire Agreement: This Agreement constitutes the entire agreement between the parties and there are no agreements or understandings between them other than those set out herein. 20.5 Force Majeure: We shall not be liable in any way for loss, damage, or delay consequent upon any circumstances beyond our reasonable control.
20.6 These Terms shall be construed in accordance with the laws of England and the English Courts shall have jurisdiction.