Terms & Conditions
Private Hire Terms & Conditions
These conditions apply to the private hire of coaches, not operating as a package, as defined by the package travel, package holidays and package tour regulations 1992.
These conditions apply whether the contract has been made verbally or in writing. The hirer acts on behalf of all the passengers travelling on 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 for 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.
Quotations are given on the basis of the most direct route and on information provided by the hirer. The route used will 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 to subject of the company having available a suitable vehicle at the time the hirer accepts the quotation.
* Quotations are valid for 28 days from the initial enquiry unless otherwise notified.
* 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.
3. Use of Vehicle
The hirer cannot assume use of the vehicle between outward and return journeys nor to remain at the destination for the hirer's use unless this has been agreed with the company in advance.
4. Route and Time Variation
The company reserves the right to levy additional charges for additional mileage or time that that agreed. The charges will be £1.50 per mile and £20.00 per hour, charged in full for any part hour. Discounts are offered in percentages for hire at non peak times, if the hirer exceeds those agreed times the discount will be recharged, plus additional hours as above. 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 the passengers who fail to follow instructions given by the hirer.
5. 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 the 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. Any additional costs will be as condition 4.
6. 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 - no animals (other than guide dogs and hearing dogs notified to the company in advance) on any vehicle without prior written agreement from the company.
Normally, written confirmation by the company is the only basis for the acceptance of a hiring or for a subsequent alteration to its terms.
Any deposit requested must be paid by the date stated, and payment in full must be made 7 days before the start of the hire unless otherwise agreed by the company. The company reserves the right to add interest at the rate of 5% compound interest per calendar month, after the date by which the payment should have been made.
9. Cancellation by Hirer
a. If the hirer wishes to cancel any agreement, the following scale of charges will apply in relation to the total hire charge.
Days prior to departure date
* 14 days or more
* 7 - 13 days
* 3 - 6 days
* Day of hire
* Arrival of coach at departure point
10% or £40 (whichever is greater)
50% of hire
75% of hire
Minimum of 85% of hire
100% of hire
Days prior to departure date
* 42 - 36 days
* 35 - 29 days
* 28 - 22 days
* 21 - 15 days
* 14 - 8 days
* 7 days or less
* Arrival of coach at departure point
10% or £300 (whichever is greater)
50% of hire
60% of hire
75% of hire
85% of hire
Minimum of 85% of hire
100% of hire unless otherwise agreed
b. The cost of accommodation, sea crossings, meals and theatre tickets which have already been purchased by the company at the request of the hirer, will be charged to the hirer, plus any administrations charges incurred by the company.
c. Cancellation due to inclement weather conditions will be charged as above.
d. Theatre tickets once purchased are not returnable and must be paid for in full (or other such ancillary service).
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 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.
11. Vehicle to be Provided
a. The company reserves the right to provide a larger vehicle that 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.
b. The company reserves the right to substitute another vehicle (including those of other operators) or ancillary facilities for all or part of the hiring subject to such substitutes being of at least equivalent quality.
12. 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 make 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. Please see 'Customer Pledge'.
13. Agency Arrangements
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. Any terms and conditions imposed by such other suppliers through the company shall, insofar 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 suppliers terms and conditions brought about by the hirer's action.
14. 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 'organiser' or '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.
The hirer accepts responsibility for ensuring whether they are so defined, and the company cannot accept liability for loss or damage incurred that should have been the responsibility of the hirer if the hirer was the legally defined organiser or retailer. Where the company acts as an organiser or retailer, it will issue separate conditions of trading relating to its liabilities and responsibilities under the regulations.
15. Passengers' 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 passengers' property is claimed. 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.
b. The company carries any personal property of the hirer and their passengers on the understanding that it will take all reasonable steps to avoid loss or damage. 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 minimise risk of loss when property is left unattended.
c. The company's liability for loss and damage, however caused, is limited to £50 per bag, case or package and an overall limit of £500 (overall claim value) maximum per passenger. It is the responsibility of the hirer to ensure that items over this value are insured separately for loss and damage.
d. All articles 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.
16. Conduct of Passengers
The driver is responsible for the safety of the vehicles at all times, and as such may remove any passenger whose behaviour prejudices safety 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, and full details of these can be obtained from the company 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, hirer should be aware of the legal requirements relating to alcohol, contained in the Sporting Events (Control of Alcohol) Act 1995, and the conditions of entry to race courses as laid down by the Race Course Association Ltd. The company will provide details of these restrictions on request.
In the event of a complaint 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 should be submitted in writing and within 14 days of the termination date of the hire. Complaints will be acknowledged within 14 working days and the company will aim to resolve any complaint within 28 days of it being made.
No bill, poster or notice is to be displayed on any vehicle without the written consent of the company. Refreshments and alcoholic drinks other than on a vehicle fitted expressly for that purpose, food (except confectionery) and drink (including alcoholic beverages) may not be consumed on the vehicle without prior written consent from the company. Only food (except confectionery) and beverages supplied by the company may be sold or distributed on the vehicle.
Once a 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 cost of fuel, taxes imposed by the Government of the UK and of other countries to be visited during the journey, road tolls, and foreign currency. No surcharges 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 10. The liability of the company will be limited to the cost of the hire and any ancillary services supplied.
Hatts operates more than 40 coaches and buses, which cover over a million miles per year. Breakdowns are rare and no expense is spared in the maintenance of vehicles. In the unlikely event of a breakdown we pledge to have the vehicle, repaired or replaced within one hour. If we fail we will refund at the rate of £1 per minute, up to the total hire charge. It is in Hatts best interest to have reliable Coaches and Buses. Hatts is currently the only operator offering this Customer Pledge.
Holiday Booking Conditions
Your Contract is with MW Hillier AC Hillier & JE Hillier Partners Trading as Hatts
1. Your Holiday Contract
When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions. A contract will exist as soon as we issue our confirmation invoice. This contract is made on the terms of these booking conditions, which are governed by English Law, and the jurisdiction of the English Courts.
2. Your Financial Protection - ATOL
The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for the flight inclusive package holidays booked from the brochure / leaflet and your repatriation in the event of our insolvency. We provide this security by way of a bond held by the Civil Aviation Authority under ATOL number 9617. If you book arrangements other than a package holiday from the brochure, the financial protection referred to above does not apply.
3. Your Holiday Price
1. We reserve the right to alter the prices of any of the holidays shown in our brochure / leaflet. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed.
2. When you make your booking you must pay the required deposit. The balance of the price of your travel arrangements must be paid at least 8 weeks before your departure date. If the deposit and / or balance are not paid in time, we shall cancel your travel arrangements. If the balance is not paid in time we shall retain your deposit. All monies you pay to the travel agent are held by him on our behalf at all times.
We reserve the right to levy a surcharge of up to 10% of the total cost of your holiday (excluding any insurance premium paid) in the event of forces outside of our control, including changes in the exchange rates - transport costs - or fees and taxes levied at ports or airports. If the surcharge exceeds 10% you will have the right to cancel your booking with us and receive a full refund of any monies paid to us excluding amendment fees and insurance premiums.
4. If You Change Your Booking
If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your chosen departure date or accommodation, we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be in writing from the person who made the booking or your travel agent.
Note: Certain travel arrangements (e.g.: Airline Tickets) may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements.
5. If You Cancel Your Holiday
You, or any member of your party, may cancel your travel arrangements at any time. Written notification from the person who made the booking or your travel agent on your behalf must be received at our offices. Since we incur costs in cancelling your travel arrangements, you will have to pay the applicable cancellation charges up to the maximum shown below:
Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
|Period before departure in which written cancellation is received.
||Amount in % taken from the value of the holiday excluding insurance
Prior to 56 days
42 - 56 days
28 - 42 days
14 - 27 days
7 - 13 days
1 - 6 days
For Flight Holidays
6. If We Change or Cancel Your Holiday
It is unlikely that we will have to make any changes to your travel arrangements, but we do plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you or your travel agent of them at the earliest possible date. We also reserve the right in any circumstances to cancel your travel arrangements. For example, if the minimum number of clients required for a particular travel arrangement is not reached, we may have to cancel it. However, we will not cancel your travel arrangements less than 4 weeks before your departure date, except for reasons of force majčure or failure by you to pay the final balance. If we are unable to provide the booked travel arrangements, you can either have a refund of all monies paid or accept an offer of alternative arrangements of comparable standard form us, if available (we will refund any price difference if the alternative is of a lower value).
In accordance with EU regulations we are required to advise you of the actual carrier operating your flight / transfer. This information will be on your confirmation invoice. Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate. Such a change is deemed to be a minor change. Other examples of minor changes include alteration of your outward / return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same standard.
If we make a major change to your holiday, we will inform you or your travel agent as soon as reasonable possible if there is time before your departure. You will have the choice of either accepting the change of arrangements, accepting an offer of alternative travel arrangements of comparable standard from us if available (we will refund any price difference if the alternative is of a lower value), or cancelling your booked holiday and receiving a full refund of all monies paid.
Force majčure: This can include, for example, war, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, adverse weather conditions.
7. If You Have A Complaint
If you have a problem during the holiday, please inform the relevant supplier (e.g. your hotelier) and our resort representative immediately who will endeavour to put things right. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to Customer Services Department, Hatts, Foxham, Nr Chippenham, Wiltshire SN15 4NB giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. It is strongly recommended that you communicate any complaint to the supplier of the services in question as well as to our representative without delay and complete a report form whilst in the resort, If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract.
8. Our Liability To You
If the contract we have with you is not performed by us or our suppliers we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements. However we will not be liable where any failure in the performance of the contract is due: you; or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable; or unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestall.
Our liability, except in cases involving death, injury or illness, shall be limited to the maximum cost of your travel arrangements. Our liability will also be limited in accordance with and / or in an identical manner to:
a. The contractual terms of the companies that provide the transportation for your travel arrangements. These terms are incorporated into this contract; and
b. Any relevant international convention, for example the Montreal Convention in respect of travel by air; the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions.
You can ask for copies of the transport companies' contractual terms, or the international conventions, from our offices.
Under EU law you have rights in some circumstances to refunds and / or compensation from your airline in cases of defined boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. However reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and / or compensation from us is set out in clause 6. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amount. If your airline does not comply with these rules you should complain to the Air Transport User's Council on 020 7240 6061 or www.auc.org.uk
9. Personal Injury Unconnected With Your Booked Travel Arrangements
If you, or any member of your party, suffer death, illness or injury whilst overseas arising out of an activity which does not form part of your package travel arrangements or an excursion arranged through us, we shall at our discretion, offer advice, guidance and assistance. Where legal action is contemplated and you want our assistance, you must obtain our written consent prior to commencement of proceedings. Our consent will be given subject to you undertaking to assign any costs, benefits received under any relevant insurance policy to ourselves. We limit the cost of our assistance to you or any member of your party to £5000.
10. Passport, Visa and Immigration Requirements
Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and / or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with passport, visa or immigration requirements.
The brochure / leaflet are our responsibility, as your tour operator. It is not issued on behalf of, and does not commit the airlines mentioned or any airline whose services are used in the course of your travel arrangements. Please note that in accordance with Air Navigation Orders in order to qualify for infant status, a child must be less than 2 years of age on the date of its return flight.