Terms & Conditions
Berrys Coaches (Taunton) Ltd
Conditions of Carriage for Daytours and Express Service
Passengers are carried on the Company's Day Tours and Express Service subject to the following terms and conditions.
"The Company" means Berry's Coaches (Taunton) Limited, whose registered office and address for all correspondence is: Peter Clifford House, Great Western Way, Taunton, Somerset, TA2 6BX
"Passenger" means a member of the public travelling on a coach service provided by the Company under a contract subject to these conditions.
"Coach" means the coach, bus or other road vehicle provided by us or any other carrier on which you are travelling.
"Contract" means a contract made between the company and the passenger either when payment and a receipt is given by way of a ticket or when a reservation is made and accepted by telephone. The person making the booking accepts on behalf of himself and his party the terms of these conditions.
"Express Service" means direct time tables scheduled services run by the company to and from London or other specified towns and cities.
"DayTours" means excursions and tours which are not Express Services and do not include accomodation.
"Children" means passenger under the age of 14
"Young Persons" means passengers between the ages of 16 and 21 inclusive.
"Senior Citizens" means passengers aged 60 and over.
"Luggage" means any property which you bring onto a coach, including property carried on your person.
"Circumstances beyond the Company's Control" means those circumstances for which the Company cannot be held responsible and which prevent the Company from conveying the passenger to his/her ticketed destination in the manner provided for in the contract. Examples of such circumstances include:
i) Unforseen mechanical problems
ii) Delays on or closure of service routes due to severe weather, police directions, accidents or other emergencies.
iii) Acts of war, vandalism, or terrorism
iv) Delays due to fire or damage at a coach station
v) Unforseen traffic delays
vi) Industrial action by third parties
vii) Problems caused by other customers
viii) The coach being held or delayed by a police officer or government official
ix) Other circumstances affecting passenger safety
x) Technical difficulties with vehicles
"Common Carrier" a carrier which does not operate under its own special terms and conditions of carriage. The company is not a Common Carrier.
2. TYPES OF TICKETS
2.1 Single Tickets are issued for one-way journeys only.
2.2 Day Return Tickets are issued for journeys when the outward and return departure are on the same calendar day.
2.3 Period Return Tickets are issued when the journey starts within two calendarmonths of the outward journey.
2.4 Open Period Return Tickets are issued when the outward journey details are known but the return journey details have not been specified. Open return tickets are valid for six months from the date of the outward journey and return journey details must be notified to the company at least 24 hours in advance; early reservation is advised although availability of seats cannot be guaranteed. Once return journey details have been notified to the Company's office the ticket is not transferable or valid for any other journey nor are refunds available on unused portions.
2.5 Day Excursion Tikcets are issued for the purpose of travelling on the excursion at the time and date as indicated.
3. TYPES OF FARE
Only certain categories of passenger may be entitled to a reduction on the normal adult fare. These categories are as follows:
3.1 Children under the age of three
Children who are under three years old and are not occupying a separate seat may travel free if accompanied by a fare paying passenger aged sixteen or over.
3.2 Children between the ages of three and thirteen inclusive qualify for a child fare.
3.3 Young Persons
For some services Young Persons can apply for a Young Persons Discount Card which normally offers discount fares equivalent to Senior Citizen concessionary fares. Conditions applicable for use are shown on the reverse of the Young Persons Discount Card.
3.4 Senior Citizens
Reductions on fares for Senior Citizens are only available when indicated in publicity. Senior Citizens should request the concession when booking and provide proof of age as failure to do so will result in them being charged adult fare. Alterations to fares cannot be made on or after the day of travel.
4. UNACCOMPANIED CHILDREN
The company cannot accept any responsibility for the supervision of passengers under the age of 16 unaccompanied, although couriers will endeavour to ensure their wellbeing. It is recommended that they carry identificationand the name, address and telephone number of their parent or guardian and any person who may be meeting them. It is the responsibility of the childs parent or guardian to ensure that the child is seen onto the coach and is met at his/her destination and the company cannot accept responsibility for failure to do so. Children under the age of 12 years old are not permitted travel alone.
5. PAYMENT FOR TICKETS
Payment must be made either in advance or at the start of the journey. Payment in advance can be made either through an agent or direct to the comapny by cheque or by cash. Payment for online reservations made via our website can be made by credit/debit cards. Where payment is made to the driver on boarding the coach or to a courier on board the coach this can be by cheque or by cash; credir cards are not accepted. Should there be any query regarding the cost of a ticket, the passenger should pay the amount requested by the driver/courier and indicated on the ticket and then write to the company within fourteen days detailing their complaint. The matter can then be fully investigated and a refund or credit issued if appropriate. In the event of refusal to pay, the company reserve the right to remove the person from the companys coach and any person so removed shall not be entitled to compensation whatsoever from the company and the company shall have no liability to that person whatsoever.
6. GENERAL CONDITIONS RELATING TO TICKETS
6.1 We agree to carry you and your luggage on the journey permitted by your ticket, subject to these conditions of carriage.
6.2 Your ticket is a record of our agreement to carry you. Your ticket is our property and shall be returned to us on request. If your ticket was purchased by someone else you agree that such person purchased the ticket as your agent. A ticket may only be used by the person(s) named on it and may not be transferred or used by anyone else.
6.3 Passengers must check their tickets immediately on receipt, either when collected on board the coach, at a booking office, or on receipt by post or e-mail, in order to ensure that the tickets reflect the passenger's requirements. If your ticket is an eTicket please check the details on the screen and your printed confirmation. Once booked, eTickets can only be altered or amended by contacting our office during normal office hours. The company can only consider claims made after receipt of tickets if the passenger is able to provide evidence satisfactory to the company of the company's error.
6.4 If we have reasonable grounds for considering that an eTicket has been fraudulently used we reserve the right to confiscate the eTicket and refuse to let you travel. In these circumstances you will not be entitled to a refund.
6.5 All passengers must have a valid ticket to travel on the company's coaches.
6.6 Tickets are not transferable from one passenger to another.
6.7 Tickets must be retained in an un-mutilated condition. If so mutilated that any material marking is unclear they will not be accepted as valid. The company reserves the right to refuse to issue a replacement ticket in such circumstances.
6.8 Passengers travelling beyond the booked destination or starting at a point before that indicated on the ticket will be charged the differenvce between the original fare paid and that amount due for the whole journey being made. A ticket alteration fee may additionally be payable.
6.9 All tickets are only valid for the time and date of travel as indicated. Any changes in date or time of reservation must be notified to our office at least 24 hours prior to the date of travel, although availability of seats cannot be guaranteed.
6.10 No refunds will be made in respect of lost, mutilated, defaced or stolen tickets.
7. CANCELLATION BY THE PASSENGER
If you or a member of your party are forced to cancel your booking you must advise the Company or the agent through whom you made the booking initially by telephone. Preferably this should be followed by confirmation of the cancellation in writing. To cover the Company's estimated loss caused by cancellation the Company reserves the right to make charges, payable by you, up to the full value of the ticket. Refunds will only be considered if tickets are cancelled at least 24 hours prior to the date of travel. In relation to Express Services no refundsare available on half portions of tickets. Where tickets are inclusive of entrance, theatre or Third Party arrangements, whilst the Company will endevour to re-sell and make a charge for administration, this cannot be guaranteed and refunds cannot be made if tickets are not re-sold. The transfer of tickets is at the discretion of the company.
8. CHANGE OR CANCELLATION BY THE COMPANY
Your excursion is planned in advance and although it is unlikely, it is possible that circumstances beyond the Company's control may force the Company to make changes to the advertised tour. As far as possible the Company will ensure that you are notified of any changes and the reasons explained to you. You might then decide:
a. To continue with the tour as amended; or
b. Accept an alternative excursion or or service which the Company may offer to you; or
c. Cancel your booking.
If you chose c. the Company will refund all the money you have paid to the Company, but will have no further liability to you. To obtain a refund, you must return the ticket to the Company or to the office or agent from whom you bought it, within 28 days.
Plese note: It is sometimes necessary, in the interest of the Company's Passengers, to vary the itinerary. If time allows we will inform you of these changes.
9. SERVICES PROVIDED BY THIRD PARTIES
Every effort is made to ensure that proper arrangements have been made for all of the excursions and that any suppliers of services which you will enjoy during your excursion are efficient and reputable. However, the Company do not have direct control over the provision of such services and cannot accept liability for any loss, howsoever caused, arising from actions or omissions of suce suppliers of services or of their employees who are not the Company's servants or agents.
10. TIMINGS OF SERVICES AND EXCLUSION OF COMPANY LIABILITY
10.1 The Company will use its reasonable endeavours to operate services in accordance with timetables but published running times are estimates only and are dependent on traffic and weather conditions. The Company will not be liable for any loss, howsoever caused, arising from delays or failure to operate services in accordance with published timings, where such delays or failure are due to circumstances beyond the Company's control.
10.2 The Company reserves the right to cancel any Day Tour or Express Service should circumstances arise to make such alterations necessary or if insufficient numbers make it uneconomic to operate. If the Company have to cancel any Day Tour or Express Service at any time the Company's liability to you is only for any monies you have paid to the Company at the time of cancellation.
10.3 The Company reserves the right, when this is due to circumstances beyond the Company's control, to alter timetables or suspend, cancel or withdraw Express Services or Day Tours without notice whether before or after passengers have booked.
10.4 Although the majority of London Express Services will be operated by the Company's double and single deck executive coaches, the Company reserve the right to substitute standard coaches in emergencies only. The Company will make every effort to provide a full range of on-the-vehicle facilities as advertised but reserves the right to operate and Day Tour or Express Service by standard coach without the advertised facilities. In these circumstances no refunds will be available.
10.5 You are responsible for ensuring that you are at the correct departure point at the correct time, board the correct coach and alight from the service at the correct destinatiion. The company cannot be liable for any loss or expense suffered by passengers because of their late arrival at any departure point or failure to board the correct coach or alight at the correct destination. We may give your seat to another passenger if you arrive later than the scheduled departure time, in which case you will be considered to have missed the service. We shall not be liable to you if you miss any service as a result of your late arrival and shall not be obliged to hold up any service to wait for you or to provide a seat on any other service.
10.6 Halts for refreshments are made on some Day Tours. The Passenger is required to observe punctually the times allowed for these halts. Coaches may have to proceed without a Passenger who fails to re-join the coach at the prescribed time as set out in the timetable or as stated by the driver, and the Company will not be liable for any loss or damage caused to the passenger by such an occurrence.
10.7 On some services, refreshments including hot drinks, are available on board the coach for purchase by Passengers during the the journey. Passengers must exercise great care in handling any refreshments, especially hot drinks, whilst the coach is in motion. The Company cannot accept responsibility for any injuries sustained by Passengers in such circumstances exept where such an injury is due to the negligence of the Company, its servants or agents.
10.8 Passengers are advised to remain seated and use their seat belts at all times during the journey, whilst the coach is in motion. Any passenger leaving his seat whilst the coach is in motion must exercise all due care when moving around the vehicle. The driver may, in emergencies, be forced to stop the vehicle suddenly. The Company cannot accept responsibility for any injuries sustained by Passengers in such circumstances except where such injury is due to the negligence of the Company, its servants or agents.
10.9 The Company will not be liable for claims for consequential loss as a result of circumstances beyond the company's control and nor are refunds available for delays caused by circumstances beyond the comany's control.
11 THEATRE TICKETS
Where a Day Tour is inclusive of entrance or theatre tickets, the Company acts purely as an agent for the ticket provider and therefore passengers are bound by the conditions of sale of those tickets. Should the Company have to cancel the Day Tour due to Circumstances beyond the Company's control it will only be liable to refund that element of the inclusive price which related to coach travel. Any refund or transfer of the theatre ticket will be at the discretion of the provider.
12 OTHER RULES FOR THE COMFORT OF ALL PASSENGERS
Passengers are required to behave in a reasonable, sensible and lawful manner on a coach and are not permitted to:
a. Play a radio or cassette player on the coach.
b. Bring onto the Company's vehicles or have in their possesion, when on them, intoxicating liquor with the purpose of consuming it.
c. Take drinks or hot food onto the Company's vehicles.
d. Consume intoxicating liquor on the Company's vehicles.
e. Enter or remain upon the COmpany's vehicles having consumed intoxicating liquor or when drunk or under the influence of drugs.
f. Bring onto the Company's vehicles or have in their possession when on them, any drugs or medicinal products other than for medicinal purposes within the meaning of the Medicines Act, 1968.
g. Remain on the vehicle when directed to leave by the driver or other Company official on the grounds that he or she is causing a nuisance or being abusive or threatening to any other Passengers or staff.
h. Smoke in any section of any coach operated by the Company.
i. Use mobile phones except for emergencies or essential calls, keeping conversations to a minimum.
The Company reserves the right to refuse entry to, or remove from the Company's vehicles any Passengers who shall be, or in the opinion of the driver or other Company official appear to be in breach of any of the provisions ofth above conditions and any Passenger so refused or removed shall not be entitled to any refund or compensation whatsoever from the Company and the Company shall have no liability to the Passenger whatsoever.
Passengers must ensure that they have a valid passport and visas if necessary and the Company cannot be liable for any loss or expense suffered if they do not.
14 SEAT ALLOCATION
Whilst seat numbers are reserved and every endeavour will be made to ensure that the correct seats are allocated when you board the coach, it is possible that, on occasions, due to circumstances beyond the Company's control we may have to allocate seats other than those originally booked and if this occurs the Company will have no liability to you for compensation or refund. Although the Company will endeavour to comply with requests for specific seats these cannot be guaranteed. The company cannot guarantee the use of double deck coaches where originally advertised. If the vehicle used is of a different layout to the original advertised then the Company will allocate seating as appropriate whilst using reasonable endeavours to accomodate the requirements of the Passengers.
15 ANIMALS & PETS
Regrettably and for the comfort of other Passengers we are unable to allow animals and pets on our coaches except guide dogs for the blind. Passengers should advise the office when booking if they are accompanied by a guide dog. If a passenger takes an animal on board a coach without the driver's permission the passenger may be required to remove it from the coach. Whether or not the Passenger has the driver's permission to have an animal on board the coach, the passenger will be responsible for any damage caused by animals brought with them.
Animals are not permitted on the seats of vehicles. The carriage of an animal on the outward journey does not guarantee that the animal will be carried on any specific return departure.
16 LUGGAGE & PERSONAL PROPERTY
Neither the Company, nor any of its servants, agents or sub-contractors are common carriers. Luggage and personal property for carriage will only be accepted on the following conditions:
a. One medium-sized suitcase or similar packages (no more than 20kg per item) and one small piece of hand luggage of the Passenger's luggage will be carried without additional charge.
b. Additional luggage and children's pushchairs which fold flat will be conveyed free of charge but only subject to accommodation being available on the vehicle.
c. Disabled persons' folding wheelchairs will be carried provided seven days' notice is given to the company at the time of booking.
d. The Company reserves the right to refuse trunks or any bulky articles or articles of an objectionable or dangerous nature or which have sharp protruding edges which may tear or damage other luggage with which it is packed within the vehicle.
e. The Company is entitled to request any Passenger to open any article of luggage for inspection by the driver or other authorised employee of the company in the presence of the Passenger if, for reasons of security the Company considers it necessary to do so.
f. Bicycles, Prams, non folding pushchairs and surfboards will not be carried save that fold away bicycles in their own carriers/containers may be carried.
g. Subject to availability of accomodation, skis will be carried if they provided they are packed in protectibve wrapping to prevent damage to other luggage.
h. Fragile items, such as electronic goods, radios, ect., will only be carried if they are of a reasonable size and appropriately packed. All fragile items are carried entirely at the passenger's risk.
i. All passengers' luggage must be securely packed, fastened and clearlylabelled with name, home address and destination.
j. It is the responsibility of the passenger that, prior to handing over his or her luggage to the drvier, they advise the precise destination point to ensure that their luggage is properly placed in the appointed part of the vehicle by the driver or other authorised person.
k. Luggage or other articles belonging to a passenger must not be left unattended on the premises of the company or any other premises used by the company. The company reserves the right to detain, remove and search any item so left and in its absolute discretion to have the same dealt with in any way by the police or other authority in the interest of safety. The company shall be under no liability to a passenger for so acting and any costs incurred as a result of such action shall forthwith be paid by the passenger.
l. The company will not accept unaccompanied luggage for carriage.
m. Passengers are responsible for placing their luggage onto the correct service. The driver may assist with luggage but it is the passenger's responsibility to see it on and off the coach (different arrangements may apply to some coach stations) or checking it in where such arrangements apply. For health and safety reasons, passengers will be asked to load and unload themselves luggage which, in the drivers opinion, exeeds or appears to exeed the 20kg limit, or is in some way awkward oe excessively heavy. The passenger must also look after his/her luggage at all times including whilst at the coach station, at the stops and their hand luggage whilst on the coach. Medication, money and valuable items should not be stowed in the luggage hold under any circumstances but should be taken on board. Such items may be placed in the overhead lockers or under the seat, but should not be left unattended by the passenger. Money and small valuables (such as jewellery) should be retained on the person at all times.
n. Hand luggage is defined as something which should be capable of going in the overhead luggage locker, and should under no circumstances be allowed to obstruct the aisle.
o. Passengers who pack individual items of high value in their luggage should be aware that they do so at their entire risk and they should ensure that such items are covered by an adequate policy of insurance in the passenger's name and at the passenger's cost. The company's liability in the event that luggage containing suce high value items is lost, or destroyed, or damaged in any way is limited in accordance with the provisions of this contract and under no circumstances shall the company be responsible for compensating the passengeri in respect of any loss or damage sustained by the passenger in respect of such high value items being lost or damaged other than in accordance with the terms of the contract. High value items shall include by way of non-exhaustive illustration: jewellery; photographic equipment such as cameras, video cameras; hi-fi equipment; computer hardware or software; antiques; or valuable fashion accessories and clothes. All such items are carried on the company's coaches entirely at the passenger's own risk and the company's liability to the passeger in respect of such items shall at all times be limited in accordance with the terms of this contract. The bringing by the passenger to the attention of the coach driver or any other personnel employed by the company of the fact that the passenger is carrying valuable items in their luggage shall not in any way alter the company's liability to the passenger in respect of theit luggage or any such valuables.
The company will not be liable for loss or damage to the passenger's luggage or to any possesion of the passenger unless such loss or damage is caused by negligence on the part of the company, their servants or agents. In the event of the company being liable for loss or damage under this clause its liability shall be limited to the sum of £150.00 per item of luggage or single item contained therein with a maximum limit of £750.00 per passenger. For the avoidance of doubt the company's liability in respect of a passenger's belongings shall be, irrespective of the value of individual items contained within luggage £150.00 per item of personal belongings with an aggregate maximum liability per passenger, again irrespective of the aggregate value of the passenger's luggage, and/or items contained within that luggage of £750.00. The company will not be liable for any loss of mney whatsoever. 2Money2 for these purposes shall include all UK and foreign cuurency, valuable securities such as cheques, money orders, bankers drafts, premium bonds and certificates.
It is recommended that passengers take out insurance to cover their luggage and money whilst in transit, particularly if there are items of value.
17 LOST PROPERTY
All reasonable efforts will be made to enable passengers to be reunited with lost property. Lost property found on a coach will be retained and disposed of by the holder in accordance with the Public Service Vehicles (Lost Property) (Amendments) Regulations 1995. Articles found on the coach must be handed over to the driver or courier of the coach.
The company will not be liable for any loss, damage or delay resulting from the leaving of any item of luggage on our coaches, coach stations, ect.
If luggage is left on a coach or coach station the company has the right to open and examine the contents of such luggage before removing it to a secure place. The cmpany may, without incurring any liability to the owner of the luggage, remove or destroy any luggage or article or their contents which might in the company's reasonable opinion cause injury, danger or inconvenience to persons or damage to property. In such instances passengers are not entitled to compensation for any loss which they may suffer. Such action by the company will only be taken when the company reasonably considers that the security of the company's property, its personnel, passengers, the general public, public property or anything else is considered to be a risk.
All articles of luggage left on the company's coaches or at the comapny's coach stations shall be regarded as the company's property and not the property of the finder, and all such articles must be handed over immediately to the company's staf or agents for safe keeping.
18 WEB SITE AND ONLINE RESERVATIONS
1. Information published on any Berry's Coaches (Taunton) Limited website is provided as a convenience to customers and is subject to change without notice. Whilst the company uses all reasonable efforts to ensure that the information contained in its web sites is current, accurate and complete at the date of publication no representations or warranties are made as to the reliability, accuracy or completeness of such information. The company cannot be held liable for any loss arising directly or indirectly from the use of or any action taken in reliance on any informayion appearing on the web site. No warrenty is given as to the freedom of the website from viruses or any other malicious programmes or macros.
2. The company will try to keep the website available but cannot guarantee that it will operate continuosly and cannot accept liability for its unavailability. You must not attempt to circumvent security, tamper with or hack into any of the company's computer system, servers, web site or routers.
3. Links from the company's web site are for convenience and information and the company cannot accept liability for products, service or information obtained from any linked site. The existance of a link does not imply endorsement of a provider, product or service by Berry's Coaches (Taunton) Limited.
4. The contents of the website are the property of Berry's Coaches (Taunton) Limited and are subject to copyright law and intellectual copyright laws. Customers may download or print individual sections for personal use only.
5. In order to purchase services using the payment method displayed on our web site you must be 16 years or over.
By using the site you confirm that you possess the legal authority to enter into the conditions of use for this site and that, if the credit or debit holder is not you, you have the card holders consent for entering any related details.
6. Reservations made online via our website will be provided with a reference number. Your reservation confirmation and reference number should be printed from your computer and those details provided to the driver when boarding the coach. If you are unable to provide the individual reference number for your booking, the driver or courier may refuse to carry you either with or without further full payment for your ticket. Should travel be refused, the company will not accept any liability for any further losses or costs incurred.
7. Personal information that is collected and handled by Berrys Coaches (Taunton) Ltd are in accordance with UK law and are not sold to third parties.
The company hope that you will not have any cause for complaint, but if this is not the case please mention the matter to the driver/courier, or any company representative appointed to look after you, at the actual time of occurence, in order that an effort can be made to rectify the problem immediately. If, however, this is not practical, or you feel there is still reason for complaint, you must write to the company within 14 days of returning home, in which case the circumstances will be fully investigated. Complaints should be made by the person who made the booking and whose name is on the ticket and not individual members of the party, nor can the company accept complaints from one individual purporting to represent other seperately ticketed persons on a coach.
20 GOVERNING LAW
Passengers will be bound by the Conduct of Drivers, Conductors, Inspectors and Passengers Regulations or any other statutory regulations as may from time to time come into force. The Public Passenger Vehicle Act 1981 ss 24 and 25 makes provision for regulating the conduct of passengers. The specific details are contained in the Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) regulations 1990 (SI 1990 No. 1020) an Amendment Regulations 1995 (SI 1995 No. 186).
These conditions of carriage are governed by Engliosh Law and any passenger bringing an action against the company submits to the jurisdiction of the English Courts.