Terms and Conditions
Hereafter Southern Comfort Travel will be known as “the Company” and the person or persons making a booking shall be known as “the hirer” or “party”. It will be deemed that the hirer accepts responsibility for every person in his/her party and agrees to the conditions below at the time of booking, and certainly in advance of boarding the vehicle. The Terms and conditions are available upon request and accessible on the Company website.
- All bookings are to be made in advance of the required date of travel and must be confirmed within seven (7) days of enquiry (if appropriate) by telephone, e-mail or by post and will be considered as binding. A booking involving separate (return or onward) journeys on either the same, or different dates, will be deemed as one booking but with separate parts to the one booking.
- Enquiries not confirmed within the above period will be subject to prior booking.
- Full payment must be received at least 14 days before the date of hire with regard to special hire events (i.e. half or full day bookings).
- All other payments must be received within seven (7) days in the form of cash, cheque, via BACs, credit card or on account by prior arrangement.
- No refund will be given against full payment by the hirer if cancellation is made within the 14-day period as stated in clause 3 above.
- In the event of a cancellation by the hirer for whatever reason, any deposit or fee paid will be forfeited. Additionally, a 50% cancellation fee of the invoice total will be incurred if the account remains outstanding.
- However, the company in special circumstances may return the deposit or fee either in part or in full.
- No responsibility can be accepted by the company for adverse weather conditions, i.e. snow, flooding etc, which may lead to delays during the period of hire or for the abandonment of the journey.
- The Company will not be responsible for the necessary cancellation of a booking due to the issue of advanced severe weather warnings by the appropriate authorities.
- Whilst every effort will be made by the licensed chauffeur to affect a timely arrival at the final destination, no responsibility will be accepted by the Company for traffic delays, road closures or diversions caused by traffic accidents or conditions, or by direction of the authorities.
- Whilst every effort is made to ensure the serviceability of the vehicle in accordance with the manufacturer’s maintenance recommendations, no responsibility can be accepted for the mechanical, electrical or material breakdown, howsoever caused. In the unlikely event of such an occasion, every effort will be made to effect an immediate or prompt repair to the vehicle to bring about the continuation of the journey. In the event of not being able to do so, the hirer will be offered a transfer to another vehicle. Any additional costs incurred to render the transfer will be borne by the hirer. The Company however will refund in full the original hire charge. NOTE. The Company, in addition to clauses 7 & 8 or any other breakdown and /or accident, will not be held responsible for missed connections and or meetings and, functions howsoever caused.
- The Company will contact the hirer in the event of an accident or mechanical breakdown involving the vehicle in question which could affect the ability to fulfil the requirements of the original booking. Every effort will be made by the Company to rectify the problem in order to return the vehicle into service. The Company will return in full (if applicable) any deposit of fee paid in advance if it is unable to fulfil its original obligation.
- The company will endeavour to contact the hirer as soon as possible in the case of the licensed driver taking ill.
- The company will reimburse all fees to the hirer if it is unable to fulfil its obligation due to such an illness. Alternative arrangements (at the cost to the client) will be made to ensure repatriation, should an illness occur whilst the client is away or overseas.
- The company reserves the right at any time to change, replace or renew the vehicle booked or advertised. The hirer will be notified of any significant changes to the original vehicle specification if deemed significant to the original requirements of the hirer.
- The consumption of food/food products is not permitted inside the vehicle.
- The consumption/supply of drinks, alcoholic or non-alcoholic, is not permitted inside the vehicle.
- The hirer shall be fully responsible and liable for any damaged caused, both inside and outside the vehicle by the hirer or any member of his/her party, howsoever caused. This involves the incitement of a third party which results in damage to the vehicle or its contents. The hirer will agree to be liable to pay to the company a fixed daily rate (as determined by the company) whilst the vehicle is out of commission for such repairs, plus any further incurred losses, i.e. lost bookings.
- The company will not accept responsibility for the hirer or any of his/her parties for items or goods placed in the vehicle or trailer. Any items or goods belonging to the hirer or his/her party left in the vehicle/trailer unaccompanied during the rental period remain the responsibility of the hirer. The hirer must make sure that all items/goods belonging to the hirer or any of his/her party are removed at the end of each rental term. Employees of the company cannot hold/store/safeguard any items for the hirer or his/her party.
- The Company is insured for the use of a trailer for business purposes on a third-party insurance basis only (details available on request).
- All items belonging to the hirer or his/her party placed in the trailer remain the responsibility of the hirer or his/her party (see clause 18) and not the responsibility of the company. Third-party insurance applies in the case of an accident.
- Every effort will be made to effect the speedy return of any items found having been left in the vehicle by the hirer or any member of his or her party. However, unclaimed (lost) property will be returned to the Licensing Officer at EDDC offices within 24 hours of said item or items being located.
- The company or its representatives (i.e. chauffeur/driver) reserve the right to refuse entry to the vehicle to any person/s that are deemed unfit for whatever reason, and can refuse to commence or continue a journey if any hirer or party member behaves in a manner which may be detrimental to any persons or, to the vehicle and its contents. In this event NO refund will be given.
- A minimum of £80.00 valeting fee will be charged to the hirer through misuse, by the hirer or any member of his or her party, from food, drink (see clause 11 and 12) or illness, or any other cause or reason. If the retail cost is in excess of the above value, the hirer will be responsible for the full amount to render restoration to a standard no less than provided at the commencement of the hire period.
- Any deviation to the agreed booking by the hirer (i.e. additional pickups or change of venue, causing extra mileage or time) not made at the time of booking may be subject to an additional fee. No guarantee will be made by the Company to meet such additional requirements although every effort will be made to meet the hirer’s needs and is subject to joint agreement of any additional fees incurred.
- Once a booking is confirmed and deposit paid, the price quoted to the hirer will not be subject to alteration unless there is any deviation from the details in the original booking (see clauses 15 and 19).
- The company’s discretion shall be decided by the proprietor of the company at all times and their decision will be fully binding in all matters.
- Hire time starts from the time the vehicle leaves the company’s premises to the time the vehicle returns.
- As of July 1st 2007, all vehicles are deemed as “smoke free” by legislation.
- Transport of London Congestion charge (if applicable) will be included in the quotation.
- Road and bridge tolls (if applicable) will be included in the quotation.
- Airport car park charges (if applicable) will be included in the quotation. However, the Company reserves the right to invoice separately for additional charges incurred as a result of flight delays beyond two hours of the scheduled landing time (unless individually arranged).
Coach Charter Services
- These extracted Model Conditions have been prepared by the Confederation of Transport (UK) to help its members prepare private coach hire contracts that clearly state the hirer’s and operator’s rights and responsibilities. The precise terms are a matter for the operator. The hirer may wish to negotiate specific terms. Operators are in any case, free to amend terms which are more favorable to hirers.
These conditions apply whether a contract has been made verbally or in writing. 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. 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 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. The 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.
Quotations are given 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 given for coach and driver only. Any additional charges will be separately identified and will be the hirer’s responsibility unless otherwise specified.
- Use of Vehicle
The hirer cannot assume the use of the vehicle between outward and return journeys, nor will it remain at the destination for the hirer’s use unless this has been agreed with the company in advance.
- 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. The vehicle will depart at times agreed by the hirer, 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.
- 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 duty 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 36.
- 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.
- Conveyance of Animals
On a private hire, no animals (other than guide dogs and hearing dogs, notified to the company in advance) may be carried on any vehicle without prior agreement from the company.
Written confirmation by the company is the only basis for the acceptance of a hiring or for a subsequent alteration to its terms.
A deposit of 15% is required at the time of booking and the balance must be paid by the date stated. 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 Clydesdale Bank, calculated on a daily basis from the date by which payment should have been made. In the event of any dispute in respect of any invoice the company (Southern Comfort Travel) shall be entitled to withhold the sum in question until the dispute is settled.
- Cancellation by the Hirer
If the hirer wishes to cancel any agreement, the following scale will apply in relation to the total hire charge.
In the event of any emergency, riot, pandemic, epidemic, 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.
|10 days or more||None
|6-9 days||15% of hire
|3-5 days||30% of hire
|1-2 days||55% of hire
|Day of hire before arrival of coach at departure point||100% of hire
|At or after arrival of coach at departure point||100% of hire
|Cancellation due to inclement weather conditions will be charged as above.
|Cancellation by the Company
- Vehicle to be Provided
The company reserves the right to provide a larger vehicle than specified at no additional cost to the hirer unless extra seats are used in which case an additional pro rata charge will be made to the hire charge. The company also reserves the right to substitute another vehicle (including those of other operators) or ancillary facilities for all or part of the hiring. If there is a requirement to outsource vehicles from other operators Southern Comfort Travel will only outsource substitute vehicles of an equivalent quality.
- Breakdown and Delays
The company gives its advice on journey time in good faith. However, as a result of breakdown, traffic congestion or road traffic accidents, weather conditions or any 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, delay or inconvenience suffered by the hirer, or passengers as a result.
- Passenger Health
The company reserves the right to refuse travel to any passengers on board the coach that are shown, or have exhibited symptoms within the past 48 hours of any form of flu or Norovirus.
- Agency Agreements
Where the company hires vehicles from other operators and arranges ancillary facilities such as meals, accommodation, ferries, admission tickets or any other service 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, in so far 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.
- 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 "organizer" 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.
- Passenger Property
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 decision maker as to whether and to what extent passenger property is carried. Oversized items may not be able to be carried, and the hirer should take all steps to notify the company in advance of such requirements. 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, damage or delay. The hirer should notify the company of the driver if items of exceptional value are to be carried in the vehicle. It is the hirer’s responsibility to minimise risk of loss when property is left unattended. The company does not accept any liability for loss and damage to property, however caused. It is the responsibility of the hirer to ensure that items are insured separately for loss and damage. The company does not accept any responsibility for loss, damage or delays to luggage arrival that arises as a result of any act of a third party.
- Lost Property
All articles of lost property recovered from the vehicle will be held at the company’s premises and will be recovered through the approved procedure and in accordance with the local licensing issuing authority.
- Conduct of Passengers
The driver is responsible for the safety of the vehicle at all times, and as such may remove any passenger whose behaviour prejudices safety to others or the vehicle 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, available on request. The hirer is responsible for any damage caused to the vehicle by any passenger for the duration of the hire. 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 at Alcohol) Act 1985, (as amended) and the conditions of entry to race courses as laid down by the Race Course Association Ltd. Details available on request.
In the event of complaints about the company’s services, the hirer should endeavour to seek a solution at the time by seeking assistance from the driver or from the company. If this has not provided a remedy, complaints must be submitted in writing and within 7 days of the termination date of hire. The company will acknowledge all complaints within 14 days and will normally reply fully within 28 days.
No bill, poster or notice is to be displayed on any vehicle without the written consent of the company.
- Refreshments & Alcoholic Drinks
Other than on a vehicle fitted expressly for that purpose, food (except confectionery) and drink (including alcoholic beverages) may not be consumed in the vehicle. Alcohol cannot be carried on board the coach.
Once 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 costs 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 surcharge 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 paragraph 42. The liability at the company will be limited to the cost of the hire and any ancillary services supplied.