Day Tours
Your booking is made subject to the following terms and conditions:
General
These terms and conditions shall form the basis of your contract with Lothian Motorcoaches. Please read these terms and conditions carefully and contact us if you have any queries.
Within these conditions, ‘you’ and ‘your’ means all persons named on the booking. By making a booking, the ‘lead passenger’ specified in the booking will be deemed to have accepted these conditions on behalf of all passengers named within the booking.
Admission Fees
Admission fees or guided tours are not included in the tour price.
Changes by Us
While the Company shall do everything reasonably possible to provide your tour itinerary as planned, the Company reserves the right to alter itineraries or transport.
In the unlikely event, however, that we are required to alter part of your tour, we will notify you of this as quickly as possible in order to enable you to decide how you wish to proceed. In such event you will be entitled:-
- a) to take an alternative tour, if we are able to offer that, or
- b) to cancel your booking and obtain a full refund of all monies paid by you.
Please be aware that the nature of travel involves risks and unpredictable weather and road conditions and we cannot, therefore, guarantee any departure or arrival times at any particular points of a tour itinerary.
Changes by You
If you wish to change any part of your confirmed booking, you should inform us in writing as soon as possible. This should be done by the lead passenger named on the booking. Whilst we will do our best to assist you, we cannot guarantee that we will be able to meet your request.
If, once your booking is confirmed, you are unable to travel for any reason then your booking can be transferred to someone else (introduced by you, and who satisfies all of the conditions applicable to the booking) provided that:-
- we are notified of this in writing at least 24 hours prior to departure;
- the transferee agrees to these conditions and all other terms of the contract between us.
Cancellation by Us
We will only cancel tours due to unavoidable and extraordinary circumstances which are outwith our control or which might jeopardise your safety. If we cancel your tour then we will notify you as soon as possible and we will provide a full refund.
Cancellation by You
If you wish to cancel your booking after our booking confirmation has been issued, you should inform us as soon as possible – the effective date of cancellation will be the date upon which we receive such written notification. In the event of cancellation by you, cancellation charges may be payable, as set out below.
- a) cancellation less than 48 hours before the tour departure: 100% of the tour price;
- b) in the event of a ‘no show’ you will be charged 100% of the tour price.
Missed Departures
You are responsible for ensuring that you are at the correct departure point at the correct time. We cannot accept any responsibility for your failure to do so, nor any costs or expenses incurred as a result of you failing to do so (which will be treated as a cancellation by you). No monies will be refunded for any missed departures or unused services.
Refusal of Travel
The Company reserves the right to refuse to carry any person whose conduct or manner is likely to cause offence or upset to other passengers. The Company also reserves the right to refuse travel to any person who is experiencing medical symptoms likely to cause ill health to others. It is therefore vital that you ensure that you are fit to travel on the departure date.
In either of the cases mentioned above, full cancellation charges shall be applied by the Company and the Company shall have no further liability to that passenger or to any person travelling with them.
Our Liability and Actions of Suppliers
Many of the aspects of your holiday experience (of which your tour may form part) are provided by independent suppliers, who provide such products and services on the basis of their own terms and conditions.
Children
We regret that we do not carry children under the age of 5 on our tours. Passengers aged 5-15 years old need to be accompanied by an adult.
Smoking
Smoking (including e-cigarettes) is not permitted on coaches but there are frequent stops en route for those passengers who wish to smoke.
Private Hire
1 Applications
“The Company” referred to in these conditions, Lothian Motorcoaches is a subsidiary company of Lothian Buses Ltd. These conditions apply whether a contract has been made verbally or in writing. The Hirer or nominated group organiser acts on behalf of all the passengers travelling on the vehicle/s. If the Hirer is a company, group or partnership, an individual must be named as a responsible person (the nominated group organiser). The hirer or nominated group organiser 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 or nominated group organiser. If the Hirer is not going to travel with the party, a nominated group organiser must be chosen and the Company informed prior to the hire taking place.
2 Quotations
a. Quotations are given on the basis of the most direct route and on information provided by the Hirer. The route used will be at the discretion of the Company at all times unless it has been particularly specified by the Hirer, in which case it will be clearly shown on the confirmation as a requirement of the Hirer.
b. All quotations are given subject to the Company having available a suitable vehicle at the time the Hirer accepts the Quotation.
c. Quotations are valid for 28 days unless otherwise notified in writing.
d. Quotations are given for coach and driver/s only, unless otherwise stated in writing. Any additional charges will be separately identified and specified on the quotation and will be the Hirers responsibility. This includes matters such as parking charges at venues or destinations. Where an overnight stay is included, the Hirer is responsible for providing the drivers single accommodation and a minimum of dinner and breakfast, as well as any additional parking charges incurred.
3 Use of Vehicle
a. The Hirer cannot assume use of the vehicle between the outward and return journeys, nor to remain at the destination for the Hirers use unless this has been agreed with the Company in advance and specified on the confirmation in writing.
b. In order to comply with the Road Traffic Acts, the vehicle/s are supplied on the understanding that the vehicle or vehicles will be used by a private party on a special occasion, to which the general public will not be invited to by any form of advertisement published or verbal, except where such announcements are made at a place of worship.
4 Route and Time Variation
a. The Company reserves the right to levy additional charges for additional mileage or time that differs from than that agreed and specified. The charges will be pro rata and in accordance with the formula used to calculate the original price of the hire. The only exception to this formula will be that if an additional driver is required to complete the hire, when additional charges will be levied.
b. The vehicle will depart at the 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. Failure to depart at the times agreed may incur the levy of additional charges at the cost of £75 per 30 mins or part thereof.
c. Should the driver be instructed by the Hirer (or nominated group organiser) to leave any point without the full party, then the Company will not be liable in any way for persons left behind. Should party members fail to return to the vehicle within 30 minutes of the scheduled departure time, the Company reserves the right for the vehicle to depart without the missing party members with no liability being attached – the Company will not be responsible for any third party charges for travel, meals, accommodation or any other cost incurred due to failure to meet this condition to return to the vehicle before departure.
d. Unless it is specified by the Hirer, passengers will be returned to the original pick-up point at the end of the hire. A small number of different or additional dropping-off points may be included, provided they are along the course of the planned route. All drop-off points must be advised in advance, and the Company reserves the right to amend the charge as necessary in the event that these vary greatly from the original specification.
5 Drivers Hours
Law regulates the hours of operation for the Driver/s, and the Hirer accepts the responsibility of ensuring the hire conforms 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 drivers 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. Any additional costs will be as in condition 4a.
6 Vehicle
a. 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 its capacity with additional persons or luggage that exceed this capacity.
b. The Company reserves the right to provide a larger vehicle than that specified at no extra charge, or to substitute another vehicle (including those of other operators) or ancillary facilities for all or part of the hire subject to such substitutes being of at least equivalent quality.
c. The Hirer will be responsible for the cost of repairing any vehicle damage or excessive cleaning or soling resulting from the actions of party members.
7 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 written agreement from the Company.
8 Wheelchair accessible vehicles/carriage of wheelchairs
a. We welcome all customers on board our vehicles and will do our best to assist those with walking difficulties or those who may use wheelchairs. If you require a wheelchair accessible vehicle this must be specified for at the time of initial booking.
b. We can safely carry wheelchairs with dimensions length 1200mm x width 700mm x height 1350mm (height restriction includes seated passenger) on our coaches and buses.
c. Any wheelchairs should be of a ‘folding’ design and if you should ensure you notify and check with the company at the time of booking that your device can be accommodated. The weight of the wheelchair plus occupant must be within the safe working limit (SWL) of the ramp or lift fitted to the vehicle.
d. If you wish to sit in your wheelchair while travelling with us, we recommend you contact our Operations team at the time of booking to make sure that the vehicle hired is wheelchair accessible and that your wheelchair can fit in the designated wheelchair space
9 Cancellation by Hirer
If the Hirer wishes to cancel any agreement, the cancellation must be confirmed in writing to the company and the following scale of charges will apply in relation to the total hire charge.
28 days or more 20% or £50 (Whichever the greater)
14-27 days 50% of hire
7-13 days 60% of hire
3-6 days 70% of hire
1-2 days 80% of hire
Day of hire 100% of hire
10 Cancellation by the Company
In the event of any emergency, riot, 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 a Hirer taking action to vary agreed conditions unilaterally, the Company may, by returning all money paid and without further or other liability, cancel the contract.
11 Breakdown 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 loss or inconvenience suffered by the Hirer as a result.
12 Agency Arrangements
a. Where the Company hires in vehicles from other operators at the request of the Hirer and where the Company arranges ancillary facilities such as meals, accommodation, ferries, admission tickets or any other services provided by another supplier, it does so as agent for and on behalf of the Hirer.
b. Any terms and conditions imposed by such suppliers through the Company shall, insofar as they are supplied to the Hirer, be binding on the Hirer as if he/she 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 suppliers terms and conditions brought about by the Hirers action.
13 Passenger’s Property
a. 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 passenger’s 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. In these cases if accepted the Hirer may be required to assist in whole or part the driver in the loading of said items
b. The Hirer should notify the Company or the Driver if items of exceptional value are to be carried on the vehicle. All luggage and other personal property is carried at Owner’s Risk and the Company will not be liable for any loss or damage however caused, except where such loss or damage is caused by the proven negligence of the Company’s employees
c. All items of lost property recovered from the vehicle will be held at the Company’s premises where the vehicle is based, and will be subject to the current Public Service Vehicle (Lost Property) Regulations. The Company will provide details of this legislation on request.
14 Conduct of Passenger’s
a. The Driver is responsible for the safety of the vehicle at all times, and as such has the authority to and may remove any passenger whose behaviour prejudices safety or is in breach of the Public Service Vehicle (Conduct of Driver’s, Inspectors, Conductors and Passengers) Regulations 1990, a copy of which is available on request.
b. Smoking including the use of e cigarettes on the vehicle is prohibited at all times.
c. Passengers are not permitted to board or remain on board any of the Company’s vehicles whilst under the influence of drugs and/or solvents
d. If the vehicle you are travelling on is fitted with seatbelts, you are legally required to wear them. Passengers are not allowed to take onto our coaches any hot food e.g. Take-away meals etc. We are entitled to refuse access to any passenger with hot food.
f. Hot Drinks are allowed on board the coach if they are in a cup or container with a secure lid. They may not be consumed in the front passenger seats of the coach for safety reasons.
g. Any passenger removed from the vehicles as a result of these regulations ceases to be the responsibility of the Company with immediate effect.
h. The Company will not accept any liability for damage, injury or loss for any passenger entering or leaving a vehicle whilst in motion.
15 Carriage of Alcohol
If the Hire involves a journey in Scotland, neither the Hirer nor any of the party shall cause or permit any contravention of the provisions of the Public Passenger Vehicles Act 1981 whereby an offence is committed if any “excisable liquor” is carried on a bus or coach in any “contained or device” constructed or adapted for the purpose of holding two or more bottles or cans or of holding liquid in excess of six pints.
b. Carriage of passengers to designated Sporting Events – Guidelines
The hirer is expected to comply at all times with Section 70 of Part V of the Criminal Justice (Scotland) Act 1980, this confers liability on
Operators of PSVs that are being operated for the principal purpose of conveying passengers to or from a designated sporting event.
The Designation of sports grounds and sporting events is by [the Secretary of State for Scotland], by order under terms of section 68 of the Act, and those grounds and events designated are listed in The Grounds and Sporting Events (Designation) (Scotland) Order 1985, as amended.
It is an offence for the operator of a PSV, or his servant or agent, knowingly to cause or permit the carriage of alcohol on journeys to which these Regulations apply therefore the hirer is expected to comply with these requirements at all times In addition to these statutory provisions, the police have asked that operators comply with the following guidelines when conveying passengers to all such sporting events south of the Border:
a. Coach operators taking bookings from groups of supporters are to notify the police liaison officer at the destination, at least 48 hours before the event, of the number of supporters expected to travel and the number of coaches booked.
b. Coaches are not to stop within 10 miles of the venue either-on route to or on departure from the event unless prior agreement is obtained from the local police liaison officer.
c. Unless directed otherwise by a police officer, coaches may stop at premises where intoxicating liquor is sold only if it is sold ancillary to a substantial meal. Prior agreement for meal stops where alcohol is available should be sought from the operator’s local police liaison officer.
d. Coaches are to arrive at the venue no earlier than two hours before and not later than one hour before the scheduled start of the game, unless otherwise directed by police.
e. Coaches are not to set down or uplift passengers at any unauthorised locations without prior permission of the police.
f. Coaches must leave the venue within one hour of the finish of the event.
g. Intoxicating liquor must not be carried on coaches travelling to or from designated grounds. Operators will draw hirers’ attention to the requirements of the law, and drivers shall, as far as reasonably practical, supervise boarding passengers and check that they are not obviously carrying intoxicating alcohol. Drivers will not be expected to carry out baggage or body searches, nor will they be expected to confiscate alcohol or to remove passengers without police assistance.
Operators are asked to comply with these guidelines on a voluntary basis. However if the police inform the Traffic Commissioner of any failure on an operator’s part to comply with them the Commissioner will consider applying them as a formal
Condition to that operator’s licence under the authority of Section 16(3) of the Public Passenger Vehicles Act 1981.”
All operations within Scotland should continue to comply with police restrictions in force at individual events.
16 Complaints
We hope you will be very satisfied with our services, but we understand that there can occasionally be problems which we will always investigate and provide feedback to the hirer on. In the event of a complaint or issue the Hirer should at first of seek assistance from the Driver and bring the matter to their attention. If this procedure has not provided a satisfactory solution, complaints should be submitted in writing within 14 Days, or emailed directly to [email protected].
