1.1 ‘Conditions’ means the Terms and Conditions under which the Company provides coach services
1.2 ‘Company’ means Evershine Transport Limited.
1.3 ‘Client’ means the organization, individual, or agent who contracts the services.
1.4 ‘Passenger’ means the person or persons being carried by the Company’s vehicle.
1.5 ‘Reservation’ means the specification of the requirement from the Client to the Company.
1.6 ‘Tariff’ means the agreed set price which is defined by the Company to its Client.
1.7 ‘Price’ means an agreed cost of hire for a vehicle to a non-regular Client (not subject to an Annual Agreement).
1.8 ‘Private Hire’ means a Client who may hire the Company’s vehicles on an ad hoc basis.
1.9 ‘Agency’ means a Client who contracts on an annual basis for the provision of coach services at an agreed tariff.
1.10 ‘Regulations’ means that the Company provides coach services based upon either British Domestic Regulations or European Community Regulations.
1.11 ‘Tachograph’ means a system by which time, distance, speed, and rest taken on each vehicle during the day’s journeys may be recorded.
1.12 ‘Contract’ means the agreement between the Company and the Client.
2.1 All Clients or passengers are responsible for maintaining active adequate travel insurance coverage for all passengers traveling on the Company’s vehicles.
2.2 The Client’s insurance cover must indemnify the Company against liabilities that are out of the control of the Company.
2.3 The Client’s insurance cover must indemnify the Company from any such direct or indirect service failure or negligence by the Client, their servants, or agents.
2.4 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 or damage.
2.5 The hirer should notify the company or the driver if items of exceptional value are to be carried on the vehicle. It is the hirer’s responsibility to minimize the risk of loss when the property is left unattended.
3.1 These conditions apply whether a contract has been made verbally or in writing. The hirer acts on behalf of all the passengers traveling in the
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.
3.2 The Client is wholly responsible for providing the details of the services required in writing / by email/fax to the Company at all times.
3.3 The Company receives the inquiry for coach services from the Client in writing/by email/fax and responds to the Client in writing /by email/fax with the price, or in the case of an agent, with the details of the reservation.
3.4 All quotations are given subject to the company having available a suitable vehicle at the time the hirer accepts the quotation.
3.5 Our Quotations are based on the lead time, coach size, the most direct routes (*unless specified by the hirer and agreed by The Company), and the information provided by the hirer. All our quotations are valid for 14 days from the date of issue, unless otherwise notified.
3.6 Quotations are given for coach and driver only. Please note that the Company reserves the right to apply any fuel levy surcharges that may apply to the hire or period of hire covered by the initial quotation. The quotation price does not include charges for tolls, city permits, ferry transfer charges, Driver facility charges (meals and accommodation) on tours of more than one day, and any other applicable charges.
3.7 Hire on bank holidays and public holidays will have additional charges and Any cancellations of hire on bank holidays and public holidays are non-refundable under any circumstances.
3.8 Please note that in case of a change of pick up/ drop off time or address, number of passengers resulting in a change of coach, or change of dates, additional charges are applicable or an entirely new quotation will be applicable. Please note that these changes are subject to availability and must be done at least 72 hours prior to the hire.
3.9 Quotations are valid for 14 days unless otherwise notified.
3.10 Any additional charges will be separately identified and will be the hirer’s responsibility unless otherwise specified.
3.11 Normally, written confirmation by the Company is the only basis for the acceptance of a hiring or for a subsequent alteration to its terms.
3.12 Clients are responsible for reconfirming the reservation details back to the Company in writing 14 days prior to the provision of services.
3.13 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.
3.14 Tour Quotation: Hires for UK & Europe Touring are based on 10-hour hire and a maximum distance of 175 miles per day. In the event that the itinerary exceeds 10 hours or any extra mileage is done, additional charges will be invoiced before or after the tour. The hirer agrees to pay these additional charges depending on the usage of the coach.
3.15 The use of a vehicle is at the discretion of The Company. The hirer cannot assume the use of the vehicle between outward and return journeys, nor remain at the destination for hirer use unless previously agreed with the company.
4.1 A deposit of 25% of the total hire amount is required at the time of booking and a full pre-payment is required 14 days before the beginning of the hire, unless the hirer is on credit terms with The Company. Please note that the hire is not confirmed if full prepayment is not received as stated above.
4.2 Any deposits and balances must be paid within the agreed time unless The Company has agreed to extend the final payment date.
4.3 Payments can be made by cheque, credit card, and bank transfer. Please note, that payments by bank transfers are applicable for hires commencing at least 12 working days of UK Banks. Payment by credit card may incur an additional surcharge.
4.4 In the event of any emergency, or of any action by the hirer to vary the agreed conditions, the company may, by returning all monies paid and without further or other liability cancel the contract.
4.5 It is the hirer’s responsibility to inform all the passengers about the terms and conditions of hire, luggage handling, & conduct on board of The Company.
4.6 The Company reserves the right to cancel a hire in the event of non-payment or partial payment. An appropriate charge will be applicable according to the cancellation policy and the hirer agrees to pay the same.
5.1 Cancellations by the Hirer:
5.1.1 Any cancellations must be informed in writing, by fax, or by email (within the working hours Monday to Friday between 9 AM to 5 PM).
5.1.2 Cancellation charge for hires is based on the following:
| Period of Written Notice Prior to the Departure | Percentage of Total Hire |
|---|---|
| 30 days or more prior to the hire | 25% |
| 29 to 15 days prior to the hire | 35% |
| 14 to 05 days prior to the hire | 50% |
| Less than 05 days prior to the hire | 100% |
5.1.3 For the customers granted The Company’s credit facility the cancellation policy throughout the year is according to 5.2.1 A.
5.1.4 Please note, that the cost of any additional services or any other facilities which have been purchased by The Company at the request of the hirer will be charged accordingly along with any further administration charges incurred by the company.
5.2 Cancellations and Liability for circumstances beyond the control of The Company:
5.2.1 The Company shall have no liability for any delayed services or failures of services, caused by a circumstance beyond our reasonable control. The circumstances beyond our reasonable control such as war or threat of war, accidents causing delays on the service route, unforeseen traffic delays, strike/ industrial action, riot or local disturbance or unrest, problems caused by other customers, exceptionally severe weather conditions, compliance with requests of the police, customs or other government, officials, and security services, deaths, accidents on the road, vandalism, and terrorism, the coach being held or delayed by a police officer, customs official or governmental official, approval of the relevant governmental department of the countries concerned being refused on grounds of national security etc., bankruptcy, insolvency, or cessation of trade of any carrier used by us including cross-channel carrier, and other circumstances affecting passenger safety.
5.2.2 Please note, in the event of any of the above conditions (as stated in 5.2.1) or any other situations beyond the control of The Company, we reserve the right to dissolve the contract and a full refund, not exceeding the amount of the hire; will be issued and without further or other liability, cancel the contract.
5.3 Please note ferry transfers are booked in advance and are non-refundable.
If the Hirer claims a refund for a tour that involved a ferry transfer, the cost of the ferry transfer cannot be refunded for the above reason.
5.4 The Company will cancel a hire for airport/ferry/train transfer without any further liability/refund if the airport/ferry/train is delayed for more than 60 minutes. The hirer is required to monitor the airport/ferry/train arrivals and inform us and may not hold us responsible for tracking the same.
6.1 Once the journey commences, the Company’s driver unless previously specified will maintain the right to decide the route to be taken, with considerations given to weather, road closures, road accidents, and traffic congestion.
6.2 The driver is subject to EC 561/2006 driving regulations and these must be strictly adhered to at all times. Drivers provided by the Company are qualified and competent. They will endeavor to arrive punctually, subject to road traffic conditions, dressed in Company uniform, and will offer assistance where possible to passengers and representatives.
6.3 The hirer is responsible for the punctuality of all passengers, and the company is not liable for anyone arriving or returning late and thereby missing the coach. Any delays over 30 minutes occurring due to the lateness of the passengers are chargeable and will be invoiced to the hirer.
6.4 Hirer must ensure that the cleanliness of the coach is maintained at all times. In the event of coaches are left unclean; an appropriate cleaning cost will be invoiced to the hirer which will be payable within 48 hours from the time of raising the invoice and the hirer agrees to pay the same.
6.5 It is the hire’s responsibility to ensure passenger conduct on board is appropriate and no damages/vandalism to the coach occurs during the hire. Charges arising from the same will be invoiced to the hirer and the hirer agrees to pay the same.
6.6 It is forbidden to have children on the lap, and it is the hirer’s responsibility to inform us in advance if young children are traveling on board. For children a booster seat is mandatory and it will be provided at an appropriate charge.
6.7 On 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 written agreement from the Company.
6.8 No bill or poster is to be displayed on any vehicle without the written consent of the Company.
6.9 Clients’ representatives, guides, tour leaders, or escorts undertake the responsibility at their own risk and must indemnify the Company against service failure.
6.9.1 Representatives must be insured by the Clients and indemnify the Company thereof.
6.9.2 Representatives’ jurisdiction cannot in any way impinge upon the safety of the vehicle.
6.9.3 Representatives on a part-time basis must meet all the normal requirements for full-time representatives.
6.9.4 Representatives using Company equipment on the vehicles are obligated to return the equipment without damage and in full working order
6.9.5 The representative’s meeting vehicles are wholly responsible for liaison according to the contract terms.
6.9.6 Representatives must accept as final, such decisions by the driver, which are in accordance with the Road Traffic Act and Passengers Safety and reflect the best possible route. The Drivers retain final discretion over the pickup and set-down location in compliance with the Road Traffic Regulations and local restrictions at the time of the journey. Should the Client, or any person claiming to represent the Client, insist that passengers are picked up/set down in a location not approved by the driver the Client agrees that it will be responsible for the payment of any parking/traffic violation penalty or fine which may be incurred and agrees that it will reimburse the Company within 7 days of receipt from the Company of details of such penalty or fine.
6.10 The Contract and Reservations details regarding arrival and departure times are defined on the Driver’s Work Ticket.
6.11 Drivers are responsible for the vehicle movement under the direction of the Traffic Manager who monitors general traffic situations.
6.12 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 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 steps to notify the company in advance of such requirements.
6.13 The Client indemnifies the Company against loss or damage to luggage or any such personal possession owned by the passengers.
6.14 The Client indemnifies the Company against any such claim which may arise from loss or damage.
6.15 The driver is responsible for the safety of the vehicle at all times, and as such may remove any passenger whose behavior prejudices safety. The hirer is responsible for any damage caused to the vehicle by any passenger for the duration of the hire.
6.16 The driver must maintain a record of his hours on a tachograph and must be able to demonstrate that he/she meets the regulations under the Company’s operational procedures.
6.17 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.
6.18 Any ‘onboard services’ provided by the Company are without prejudice and liability. The Company is indemnified by the Client against any claim or injury, directly or indirectly related to the provision of ‘on board services’; toilet facilities, hot & cold drinks & food, and audio-visual facilities.
6.19 Any such notice in the coach for the benefit or well-being of the passengers is deemed to be understood and, unless requested, will be complied with without further representation by the Company or Driver.
6.20 The Client and/or Passengers are at liberty to give the driver a gratuity for his services. Any such contractual arrangements between the Client and the Company regarding gratuity will be reflected in the invoice.
7.1 The Company reserves the right to allocate a vehicle suitable for the requirement of the Client. The Company reserves the right to provide a larger vehicle than that specified at no additional charge unless any extra seats are used in which case an additional pro rata charge will be made to the hire charge.
7.2 The Company reserves the right to substitute other vehicles of similar quality, including those of other operations, for all or part of the hiring.
7.3 Please note that between the outward and return journey, the vehicle may be used by The Company for other purposes/tasks, and the hirer may not presume the use of the vehicle apart from the transit.
7.4 Please note that the total seating capacity of the vehicle must not be exceeded at any given time and standing without a seat is strictly illicit due to safety reasons.
7.5 The Client at the point of reservation may specify the size of the vehicle but the Company maintains the right to provide a vehicle that meets the requirement without prejudice to the reservations.
7.6 The Company reserves the right to provide an alternative vehicle from a sub-contractor, who meets wherever possible all the Company’s quality criteria, without prior notice to the Client.
7.7 The Company gives its advice on journey time in good faith. However, as a result of breakdown 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 loss or inconvenience suffered by the hirer as a result.
7.8 The Company reserves the right to park the vehicle only in areas as defined by the Road Traffic Regulations or by local authorities which govern the parking of coaches.
8.1 Our professional drivers ensure that you have an excellent experience and are responsible for the safe carriage of passengers on board. The drivers hold the authority to refuse entry or further carriage if any passenger/passengers violate statutory regulations. All safety measures are taken in accordance with the Road Traffic Act and Industry Regulations.
8.2 Conduct of the passengers and any damages to the vehicle caused by passengers is the hirer’s responsibility.
8.3 Any specialist needs for passengers who may have a disability must be defined at the time of reservation. All liabilities relating to the assistance and well-being of disabled passengers must remain with the Client or the Client’s representative. In the absence of a specific disclaimer, the acceptance of the Terms indemnifies the Company from any such claims.
8.4 Passengers are requested to observe the international seat belt sign displayed adjacent to their seat and ensure that whilst the vehicle is in motion they remain seated with their seat belt/lap belt securely fastened at all times.
8.5 Passengers are requested not to get up from their seats to disembark until the vehicle is stationary at its destination.
8.6 Passengers should be encouraged by the hirer to familiarize themselves with emergency exits and procedures.
8.7 Young children who are unable to sit unaided must travel on the lap of a parent/carer – but outside the restraint of the lap belt/seat belt.
8.8 To comply with vehicle insurance regulations our vehicles may not carry more passengers than the number of seats on that vehicle, which is compliant with the construction and use regulations.
8.9 Currently there is no approved booster seat for coaches and no legislation at this time which states that booster seats must be used on coaches. It is, therefore, a parental decision as to whether or not it is appropriate to use a baby seat/child seat/booster.
8.10 It is the responsibility of the parent to ensure that any form of child restraint is correctly secured. A number of our vehicles are fitted with 3-point seat belts and the remainder with lap belts.
8.11 Wheelchair users are required to travel with carers to assist with passenger boarding and disembarking. Drivers are not encouraged to assist in case of personal injury to either themselves or the passenger under our Health and Safety regulations.
8.12 Clients who contract with the Company under the Agency terms may, on request, attend a pre-season safety and familiarization induction.
8.13 In the event of an incident or accident the driver, if able, will vacate the vehicle and ensure the passenger’s safety and immediately inform the Traffic Manager who will initiate a vehicle replacement if required or instruct the driver on the next course of action.
8.14 The Client Representative will, at all times, assist the driver in maintaining the passengers’ safety.
9.1 The Company has diversity in its fleet and hence the luggage storing capacity varies according to the size of the vehicle. On average two medium size suitcases (each not exceeding 20 KG) and one small handbag is permitted per person. Please contact us for any clarifications or in case of excess luggage prior to the journey.
9.2 Handling of luggage is the passenger’s responsibility; the driver is not responsible for the same.
9.3 The Company will not be responsible or liable for any theft or damage to the properties of passengers traveling in the vehicle.
9.4 The hirer must ensure that all the passengers have taken all their personal belongings and luggage while leaving the coach at all times. The driver or the management is not responsible for any loss, theft, or damage to passenger luggage and personal belongings.
10.1 If the itinerary involves touring for more than one day, the hirer needs to make the below arrangements for the driver:
10.1.1 Single room private accommodation in a hotel.
10.1.2 Breakfast, Lunch and Dinner.
10.1.3 Parking charges for the coach. If the available parking is beyond a one-mile radius from the hotel, the hirer needs to pay for the driver’s transportation between the hotel and the coach.
11.1 In the interest of passenger safety and comfort, it is Company Policy to discourage the consumption of food on the vehicles other than on a vehicle fitted expressly for that purpose, food and drink (including alcoholic beverages) may not be consumed on the vehicle without prior written consent from the Company.
11.2 Consumption of cold food is permitted only on prior agreement with The Company.
11.3 Please note that the carriage and/or use of non-prescribed drugs is strictly forbidden whilst traveling on the company’s vehicles. The Company will report any drug-related suspicions to the relevant authority.
12.1 The Company takes every measure to ensure high levels of Quality Control.
12.2 From time to time the Company may undertake Quality Control inspections upon vehicles without notice to the Client.
12.3 Such Quality Control measures deemed necessary may be implemented without notice to the Client, so long as the services being provided are not affected.
12.4 In the event of a complaint about the Company’s services, the hirer should endeavor 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 should be submitted in writing and within 7 days of the termination date of the hire. The Company aims to resolve any complaint within 14 days of it being received.
13.1 Bookings and Information Exchange: The Client is completely responsible for providing The Company with all the precise and accurate information at the time of booking. Any booking with The Company will not be confirmed if the client has failed to provide any details. The Company will not be liable for any financial regress for the issues arising from any event where the client has failed to provide correct information. Any amendments to a confirmed booking from clients will be subject to applicable charges which are required to be paid prior to the hire; failure to which will result in the cancellation of the booking without any further liability to The Company and appropriate cancellation charges will apply.
13.2 The client is required to identify and communicate if the hire is for a specific occasion and any other requirement. Any specifications about color, make, size, onboard facilities, or any other hire-related facilities are not confirmed without written confirmation from The Company.
13.3 In addition, the cost of any accommodation, meals, theatre tickets, ferry, and/or shuttle costs that have already been purchased by the company will be charged to the hirer, plus any administration charges incurred by the company.
13.3.1 Cancellation due to inclement weather conditions will be charged as above.
13.4 Duty-free & duty-paid goods: It is your responsibility alone to ensure that you remain within the current laws with regard to Duty-Free and Duty-Paid regulations. The Company shall not accept responsibility for any delay or confiscation of goods whatsoever. Copies of these regulations are obtainable from every place of departure from Great Britain. The driver shall decide on the amount of heavy goods that the coach can legally carry. His decision is final.
13.5 Sicknesses onboard coaches: The Company reserves the right to impose a cleaning charge of up to £175.00 plus VAT in any case of sickness affecting the coach. For schools, a standard cleaning charge of £55 plus VAT will apply in these cases. Any infringement of these conditions could render your hire with The Company terminated without refund or compensation.
13.6 The Drivers retain final discretion over the pick-up and set-down location in compliance with the Road Traffic Regulations and local restrictions at the time of the journey. Should the hirer, or any person claiming to represent the hirer, insist that passengers are picked up/set down in a location not approved by the driver the hirer agrees to pay any parking/traffic violation penalty or fine. This may be incurred and agrees that it will reimburse the Company within 7 days of receipt from the Company of details of such penalty or fine.
13.7 Red Route and Restrictions: It is the hirer’s responsibility to ensure that any pickups/drop-offs/ stopovers are not on the red route. Any fines arising in an event where the hirer has failed to communicate this resulting in traffic fines, the hirer is required to pay the fines as The Company will not bear the cost of parking tickets.
13.8 Final itineraries must be provided to us 10 days prior to departure date. Failure to which, The Company reserves the right to cancel the booking without any further liability and at an appropriate cancellation charge. Hirer agrees to bear any costs arising due to failure to provide itineraries in time.
13.9 In the event of airport/ferry/train delays of up to 60 minutes there will be no charge to the hirer. However, if the delay is more than 60 minutes there is a full recharge of the hire amount and appropriate parking charges. Please note that no refunds will be processed if the airport pickups are not done due to flight delays. The re-hire is subject to availability and The Company will not be liable for issues arising due to the non-availability of coaches.
13.10 Any notice of change, whatsoever, to be given by either party to the other under the existing conditions shall be in writing/by email/fax, and acknowledgment must be sent of notice by the initiator in writing/by email/fax.
13.11 Any such dispute between the Client and the Company, if the need arises, will be heard within the jurisdiction of the English Courts.
14.1 Notwithstanding the provision of the Contract or any remedy which might otherwise be available, the company’s sole liability to the Client shall be found to be achieved unless specific representation is made in writing/by email/fax and proven to be substantiated through arbitration.
14.2 Except in respect of death or personal injury caused by the Company’s proven negligence, the Company shall not be liable to the Client for any reason or any implied warranty, condition, or other terms under common law or under express terms hereof.
14.3 Provision of coach services by the Company to the Client is made under, and in accordance with, the law governing England and Wales. The acceptance of the Contract by the Client will deem an acceptance of the law governing the provision of such coach services (to include Company Law and Road Traffic Law).
14.4 The Company accepts no liability for any incident, accident, damage, or injury, including death, as a result of an Act of God/Force Majeure.
14.5 At The Company, we ensure that the vehicles are maintained at optimum standards, however in the event of a breakdown we will ensure that a substitute vehicle is provided by us or our affiliates. The Company will compensate for the lost time due to breakdown however we will not be liable for any other costs arising due to vehicle breakdown.
14.6 In the event of a breakdown The Company aims to ensure that a substitute vehicle of similar specifications is provided as soon as possible. However, in case of restricted availability, the management reserves the right to provide a vehicle appropriate to accommodate the total number of passengers. In this case, if the substitute vehicle is smaller/ larger than the one originally booked but accommodates the entire group, no refunds/ compensations will be made.
15.1 Claim from the passenger: A refund will be processed only up to a formal claim by you, and you are required to produce satisfactory documents for proof of identity, and purchase of the ticket.
15.2 Validity of claim: Claims After the journey: You must claim your refunds no later than 20 days from the date of travel of the journey. The Company is not obliged to process any refunds for the claims made after 20 days of the date of the journey.
15.3 Processing time: Up on approval and agreement, all the refunds will be processed within 30 days from the approval. The validity of the refund offer is 7 days, after which the refund offer will expire, and the claim will be closed. Please note that The Company will not keep any claims/compensation pending in case of no response from the hirer or after the expiry of the claim.
15.4 The refund will be made in cash, bank transfer, or cheque at our discretion. The Company is committed to delivering excellent customer service and has a standardized customer service policy for all our clients. All the refunds will be processed strictly in adherence to the customer service guidelines.
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