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TOURS ISLE OF MAN LIMITED Coach Hire Terms and Conditions of Carriage 2023
1. Applications. These conditions apply whether a contract has been made verbally or in writing. The hirer acts on behalf of all the passengers travelling on our 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 company will only accept instructions from 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.
2. Payment. A deposit (unless otherwise agreed at time of booking) of £50 per day is due when forwarding written confirmation. The balance must be paid 30 days or earlier before the date of hire, unless the Company has agreed in writing to a variation of this condition. The hirer shall pay any deposit and the full hire cost when they are due. If the hirer fails to make payment on time, then the company reserves the right to cancel the hire. The company reserves the right to add interest at the rate of 5% per annum above the Bank of England Base Rate, calculated on a daily basis, from the date by which payment should have been made. Where an authorised credit account has been opened, payment is due within 30 days of invoice date. Please note that payment deposits are non-refundable unless the company agrees to do so.
3. Quotations. Quotations are made subject to a vehicle suiting the hirers 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. Quotations are valid for 90 days from the issue or for any period otherwise specified. Quotations are for coach and driver only, unless otherwise stated admission and parking charges are not included. Any additional charges will be separately identified and will be the hirers responsibility unless otherwise specified. Acceptance of our quotation implies acceptance of the coach hire terms and conditions of carriage.
4. COVID19. See FAQs for further information.
5. Bookings. Bookings are accepted subject to availability at that time. The company reserves the right to change the vehicle to be used on the hire for operational reasons. For example, technical issues on a vehicle. In the event of such a change the company will ensure the replacement offered to the hirer shall be of a similar quality or the best available at short notice.
6. Seating capacity. No passenger may be carried in excess of the seating capacity of the vehicle and passengers should wear the seat belts provided at all times. The crew seat is for use by a tour guide or tour manager and is not a licensed passenger seat.
7. Confirmation. Normally, a written confirmation by the Company is the only basis for the acceptance of a hiring or for the subsequent alteration in terms.
8. Route and Time Variations. Unless arranged to the contrary in advance with the Company, the most direct route between two points, will be taken by the driver. Should a vehicle be taken on a longer journey than contracted for, the Company reserves the right to impose an additional charge pro rata to the hire charge. During the hiring, the driver must be the sole judge of the reasonableness of any request for a change of route or time. In any event the vehicle(s) will depart at the agreed time and the Company will not be liable for any loss or injury sustained by a passenger failing to join the vehicle at the appointed time. The hire is priced for the return time that has been confirmed and any late finish can incur an additional charge of £70.00 per hour or part of until the hire is completed.
9. Supplying Coaches with Additional Seating Capacity. The company reserves the right to supply a larger coach than that ordered for any journey and in this event no additional charge shall be made to the hirer unless the additional seating capacity is utilised.
10. Use of vehicle. The hirer cannot assume the use of the vehicle between outward and return journeys, nor that it will remain at the destination for the hirer's use unless this has been agreed with the company in advance. The vehicle may also be withdrawn if the group are more than 20 minutes late for the requested return time. In this event, no liability can be accepted for the cost of alternative transport. The company reserves the right to substitute other operators' vehicles in place of its own for any journey or part thereof.
11. Cancellation by Hirer. In the event of a cancellation by the hirer, The Company, at their discretion, reserves the right to obtain a cancellation charge. The hirer shall be liable to the Company for any losses incurred by the Company, as a result of the cancellation or part cancellation not exceeding the full cost of the hiring. Cancellation charges are:
a. 30 or more days Loss of deposit or fixed £25 administration fee
b. 8-29 days 15% of hire charge
c. 3-7 days 25% of hire charge
d. 1-2 days 50% of hire charge
e. Day of hire 100% of hire charge
f. Cancellation due to inclement weather will be charged as above
The Company may, at its absolute discretion, reduce the amount of the cancellation charge in exceptional circumstances.
13. Cancellation by the Company. In the event of any emergency or force majeure or action by the hirer to vary the agreed conditions unilaterally, the Company may, by returning all monies paid with further or other liability, cancel the contract, or on the happening of any event over which the company has no control (including adverse weather and road conditions).
14. Passengers Property. Luggage and personal effects are carried on or in our vehicles at the owners risk. Gangway, doors and emergency exits must not be obstructed. It is the responsibility of the hirer to ensure that the correct number of cases is loaded and unloaded, and figures should be agreed with the driver. Lost property may be claimed from the Companys premises and is held for a maximum of 30 days. 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 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 the steps to notify the company in advance of such requirements. It is the hirers responsibility to minimise risk of loss when property is left unattended.
15. Breakdowns and Delays. The company gives 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 losses or inconveniences suffered by the hirer as a result.
16. 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 the vehicle or prevented from boarding, on the drivers authority. The hirer will be responsible for the conduct of passengers and for any damage caused to the vehicle by passengers during the hire.
17. Additional Deposits (Night hires). The company reserves the right to insist upon a returnable additional deposit of £100 being provided by the hirer in addition to the hire charge. This deposit will be returned to the hirer (usually within 5 working days) following completion of the hire provided that no additional expenses were incurred by the company which were a direct result of the hirers, or passengers actions.
18. Surcharges. Where more than 90 days elapse between the acceptance of the quotation and the confirmation of the hire, the Company reserves the right to pass on any increase in its costs such as a surcharge. However, it guarantees to limit any such price increase to a maximum of 5% of the quoted price.
19. Additional Charges. The company reserve the right to impose additional charges on the hirer following completion of the hire if the passengers have left the vehicle in an unreasonably untidy condition or having required additional time or mileage which was not included for in the original booking.
20. Airport or Ferry Transfers. On collecting passengers from airports, ferry ports, etc., the coach will wait for 90 minutes after the prearranged collection time free of charge. After that additional waiting time may at the discretion of the company be charged.
21. Smoking & Alcohol policy. Smoking and the consumption of alcohol on board our vehicles is strictly forbidden. The company reserves the right to terminate the hire if this condition is not adhered to. The Company also reserves the right to refuse travel by any passenger whom the driver considers to be heavily under the influence of alcohol or drugs.
22. Conveyance of Animals. No animal without prior permission (other than guide/hearing dogs notified to the Company in advance) may be carried on any vehicle.
23. Liability for Injury. The company will not accept any liability for damage, injury or loss by any passenger standing up or walking around the vehicle whilst in motion.
24. Complaints. In the event of a complaint about the companys services, the hirer should endeavour to seek a solution at the time by seeking assistance from the driver or from the company (out of normal office hours contact is 07624 453681). If this has not provided a remedy, complaints should be submitted in writing or email to the Managing Director, Tours Isle of Man, 4 Akerman Court, Ballasalla, Isle of Man IM9 2AJ and within 7 days of the termination date of hire.