Please read these terms carefully before you hire our coach services. These terms tell you who we are, how we will provide our services to you, how you and we may change or end the agreement, what to do if there is a problem and other important information.

https://www.transportelevated.co.uk is a website owned and operated by Transport Elevated Ltd trading as Swift Robin (hereafter “the company” “we”, “our”, “us”).  All references to “You”, “the hirer” refer to you. We are a company registered in the United Kingdom under company number 14600469.

APPLICATION

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.

If the hirer is not going to travel with the party, a representative must be chosen, and the company informed prior to the hire taking place. The Company will only accept instructions from the hirer or their nominated representative.

Where a copy of these conditions has been given to the hirer at any time, or the hirer has been advised verbally of all significant terms, making a booking will be deemed to signify acceptance of them. Where a hirer makes a booking before receiving these conditions and without being advised verbally of all significant terms, the hirer may cancel the contract without liability to the operator within 48 hours of receiving these conditions. Otherwise, the hirer will be deemed to accept these conditions.

QUOTATIONS

Quotations are given based on the direct route and on information provided by the hirer. The route used will be at the discretion of the company unless it has been particularly specified by the hirer in which case it will be clearly shown on the confirmation.

All quotations are given subject to the company having available a suitable vehicle at the time the hirer accepts the quotation. Quotations are given for the coach and driver only. Any additional charges will be separately identified and will be the hirer’s responsibility unless otherwise specified.

USE OF THE VEHICLE

The hirer cannot assume the use of the vehicle between outward and return journeys, nor that it will remain at the destination for the hirer’s use unless this has been agreed with the Company in advance.

ROUTE AND TIME VARIATION

The Company reserves the right to levy additional charges for additional mileage or time to that agreed. The charges will be pro-rata and in accordance with the formula advised on the booking confirmation.

The vehicle will depart at times agreed by the hirer, and it is the responsibility of the hirer to account for all passengers at those times. The Company will not accept liability for any losses incurred by passengers who fail to follow instructions given by the hirer.

DRIVER’S 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 hour 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. The calculation of any additional costs will be in condition 4.

SEATING CAPACITY

The Company will at the time of booking, agree and specify the legal seating capacity of the vehicle supplied. The hirer must not load the vehicle beyond this capacity.

CONYEYANCE OF ANIMAL

On a private hire, no animals (other than assistance dogs) may be carried on any vehicle without prior written agreement from the Company.

CONFIRMATION

Normally, written confirmation by the Company is the only basis for the acceptance of a hiring or for a subsequent alteration to its terms.

PAYMENT

Any deposit requested must be paid by the date stated, and payment in full must be made before the start of the hire unless otherwise agreed by the Company. The Company reserves the right to add interest at the rate of 2% per annum above the base rate of Barclays Bank PLC, calculated on a daily basis, from the date by which payment should be made.

CANCELLATION BY HIRER

If the hirer wishes to cancel any agreement, the following scale of charges will apply in relation to the total hire charge.

The cost of accommodation, 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 administration charges incurred by the Company.

Cancellation due to inclement weather conditions will be charged as above.

Theatre tickets* once purchased are not returnable and must be paid for in full. (*or other such ancillary service).

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.

VEHICLE TO BE PROVIDED

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.

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.

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.

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 supplier’s terms and conditions brought about by the hirer’s action.

PACKAGE TRAVEL REGULATIONS

If the hirer organises other elements of a package in addition to the provision of transport, the hirer may be defined as an ‘organiser’ or a ‘retailer’ for the purposes of the Package Travel. Package Holidays and Package Tours Regulations 1992 and as such may be required to comply with the provisions of those Regulations.

In this instance, the Company cannot accept any liability that may be incurred for losses or damage that it would otherwise accept under the terms of those Regulations. The hirer accepts responsibility for establishing 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 agrees to act as an organiser or retailer, it will issue separate conditions of trading relating to its liabilities and responsibilities under the Regulations.

PASSENGERS PROPERTY

All vehicles hired by the Company are subject to restrictions on carrying luggage for statutory safety reasons. The hirer accepts that the driver shall be the sole judge as to whether and to what extent passengers’ property is carried. Large bulky items may not be able to be carried, the hirer should take all steps to notify the company in advance of such requirements.

The Company accepts any personal property of the hirer and their passengers on the understanding that it will take all reasonable steps to avoid loss 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.

The Company’s liability for loss and damage to property, however caused, is limited to £500 per bag, case or package with an overall limit of £1000 (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.

The limits in this section do not apply to personal injury claims.

All articles of lost property recovered from the vehicle will be held at the property’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.

CONDUCT OF PASSENGERS

The driver is responsible for the safety of the vehicle at all times, and as such may remove any passenger whose behaviour prejudices safety 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, 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 the hirer should be aware of the legal requirements relating to alcohol contained in the Sporting Events (Control of Alcohol) Regulations 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.

COMPLAINTS

In the event of 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. The Company will acknowledge all complaints within 14 days and will normally reply fully within 28 days.

POSTING

No Bill, poster or notice is to be displayed on any vehicle without written consent of the Company.

REFRESHMENT AND ALCOHOLIC DRINKS

Other than on a vehicle fitted expressly for that purpose, food (except confectionary) and drink (including alcoholic beverages) may not be consumed on the vehicle without prior written consent from the Company.

SURCHARGES

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 Governments of the UK and of other countries to be visited during the journey. 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.

GENERAL

ASSIGNMENT AND OTHER DEALINGS

(a) We may at any time assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with all or any of its rights or obligations under the agreement.

(b) You may not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights or obligations under the agreement without Our prior written consent.

Entire agreement.

(a) This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

(b) Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement.

Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.

Variation.

No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

Waiver.

No failure or delay by a party to exercise any right or remedy provided under the agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall

prevent or restrict the further exercise of that or any other right or remedy.

Severance.

If any provision or part-provision of the agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement. If any provision of the agreement is deemed deleted under this clause 11.6 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

Notices.

(a) Any notice given to a party under or in connection with the agreement shall be in writing and shall be:

(i) sent by email to us at info@transportelevetated.co.uk

(b) Any notice shall be deemed to have been received:

 (i) if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause, business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.

(c) This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

Third party rights.

(a) Unless it expressly states otherwise, the agreement does not give rise to any rights under the agreements (Rights of Third Parties) Act 1999 to enforce any term of the agreement.

(b) The rights of the parties to rescind or vary the agreement are not subject to the consent of any other person.

Dispute Resolution

1. If a dispute arises out of or in connection with this agreement or the performance, validity or enforceability of it (a “Dispute”) then the parties shall follow the procedure set out in this section.
2. Either party shall give to the other written notice of the dispute, setting out its nature and full particulars (a “Notice”), together with relevant supporting documents. On service of the Notice, the parties shall attempt in good faith to resolve the Dispute;
3. If the parties are unable to resolve within 30 days, the parties will attempt to settle it by mediation in accordance with the CEDR Model Mediation Procedure, the mediator shall be nominated by CEDR. To initiate the mediation, a party must serve notice in writing (ADR notice) to the other party to the Dispute, requesting a mediation. A copy of the ADR notice should be sent to CEDR. The mediation will start not later than 30 days after the date of the ADR notice.

4. The commencement of mediation shall not prevent the parties commencing or continuing court proceedings in relation to the Dispute.
5. If the dispute is not resolved within 90 days after service of the ADR notice, the dispute shall be finally resolved by the courts of England which shall have jurisdiction.

Governing law.

The agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England.