01242 257 714
Visit us at 61 Clarence Street, Cheltenham, open 9am – 5pm Monday to Friday, 9am – 2pm Saturday
LIABILITY AND COMPLAINTS
LIMITATIONS OF OUR LIABILITY TO YOU
ISSUE DATE: APRIL 2017
Journeys may take longer than expected or may have to be diverted or cancelled. Where possible we will advise passengers of any disruptions, by notices on our web site, social media (Facebook & Twitter) on our buses and bus shelters.
We shall not be liable for direct or indirect losses, damages, cost or inconvenience that you suffer as a result of cancellation, delay, diversion or termination of any of our services, or of our services being unavailable to you as a result of the vehicle being fully loaded, at capacity or for any other reason.
We do not except any liability for loss or damage to lost property placed under our control.
If you wish to make a suggestion or complaint about a bus service or driver, please call our operations team on 01242 257714
or email: email@example.com
We shall endeavor to conduct a full investigation into your complaint, along with a full written response within 10 working days.
Throughout these conditions, references to the company, we, us and our should be read as referring to Marchants Coaches Ltd.
1.1 The attention of all passengers is drawn to these conditions, which apply to all travel on our bus services, unless stated otherwise.
1.2 These conditions apply from the issue date shown above to all our bus services.
1.3 We reserve the right to vary, alter or amend the conditions from time to time without notice. There may also be specific variations and/or supplements to these conditions on certain services.
1.4 These conditions are consistent with the relevant statutory regulations, including those relating to the conduct of passengers, and do not affect your statutory rights
2 GENERAL CONDITIONS
2.1 We aim to operate services as advertised in our timetable but there may be occasions when journeys take longer than expected and/or services may need to be diverted or cancelled due to factors beyond our control. These factors may include, traffic congestion, road traffic accidents, road works road closures, major events, adverse weather conditions or other unforeseen operating circumstances.
2.2 To the extent possible, we will advise passengers of any disruption to our services. However, in the event of cancellation, delay, diversion or termination of any of our services being unavailable to you as a result of the vehicle being fully loaded, at capacity or for any other reasons, we shall not be liable for direct or indirect losses, damages, cost or inconvenience that you suffer as a result.
2.3 Passengers are responsible for their own onward travel arrangements. We do not guarantee that our services will connect with any bus, train or other service. You should make appropriate allowances or alternative arrangements to ensure you are able to make any onward travel arrangements you have made.
2.4 We accept no liability for a holder of a valid pre-paid ticket or valid pass being unable to use such ticket or pass due to lack of room on a vehicle, or valid pre-paid ticket have no priority over other fare paying passengers.
2.5 We shall not accept any liability for any loss or damage to any property belonging to a passenger placed under our control.
3 BOARDING/ALIGHTING THE VEHICLE
3.1 You may only get on or off the vehicle at designated bus stops or stopping points on the specific route on which travel is taking place. Where hail and ride scheme operates you may only get on or off, on request at places considered safe by the driver.
3.2 You should indicate clearly to the driver of an approaching bus if you wish to get on the bus. You must be at a bus stop and give such an indication in sufficient time to enable the driver to stop safely. In all other circumstances we accept no responsibility if the driver does not stop or permit you to board the bus.
3.3 When you get on a bus for travel you must either:
(a) Show the driver a valid ticket/travel pass
(b) Pay the correct fare for the journey requested
3.4 You must not use the emergency exits on any vehicle except in a genuine emergency or where instructed to do so by the driver.
3.5 Save in exceptional circumstances, the driver is not permitted to allow passengers on or off the bus when it is in motion, stationary at traffic lights, and held up in traffic. At bus stations and stands, passengers cannot be picked up once the driver has signalled his/her intention for vehicle to leave the stand.
3.6 We accept no responsibility for passengers attempting to get on or off at any prohibited place or when the vehicle is moving, or for passengers failing to get off at their destination.
4.1 While we endeavour to advise you of the best fare option, or combination for your travel requirements we will not provide any refund or replacement ticket should another fare option prove to be more appropriate.
4.2 Passengers who are unable to or refuse to pay the appropriate fare will be refused travel and asked to leave the vehicle.
4.3 Fares are charged in accordance with the fare charts for each route. You may view the fare charts at Marchants travel shop, 61 Clarence Street Cheltenham, fare charts are also carried by the drivers.
4.4 To help us run our service smoothly the correct fare is always appreciated. Our driver will provide change if able to do so.
4.5 If you are not able to provide the exact fare, or the driver does not have the exact change the driver will issue a change voucher which can be redeemed at our travel shop located at 61 Clarence Street, Cheltenham, or from any other Marchants driver subject to availability.
4.6 A valid ticket/pass must be available for inspection by the driver or inspector. If it has expired or been tampered with you will be liable to pay the fare for the journey being taken up to the value of the standard fare. We will not refund you this fare if you later find the missing ticket or bus pass.
4.7 Failure to pay the standard fare may lead to prosecution.
4.8 When you complete the journey you have paid for, or validity of your pass has expired you must leave the bus or pay another fare to continue your journey.
4.9 You may not break your journey when travelling on a single or return ticket except where it is stated to the contrary, tickets, passes or other relevant documentation are not transferable.
4.10 If you transfer from another operators vehicle to one of our vehicles you will be considered to be starting a new journey and will be required to pay the appropriate fare.
4.11 If our ticket equipment is not functioning properly which as a consequence is not able to produce tickets, you must still pay the correct fare for the journey.
4.12 No customer will be permitted to use a ticket or pass which has
(a) Been damaged ,mutilated or defaced
(b) Been issued for use by another person on terms that is not transferable.
(d) In the reasonable opinion of the driver or inspector, been obtained fraudulently.
5 CONCESSIONARY TRAVEL
5.1 Concessionary travel schemes for many categories of passenger are operated by local authorities in England. The terms and conditions applying to these schemes are the responsibility of pass issuing authority.
5.2 Concessionary passengers must comply with all aspects of these conditions.
5.3 If you hold a valid concessionary pass, you must show it to the driver every time you get on one of our buses. You must present the pass to the on board ticket equipment to ensure its validity.
5.4 Where a concessionary travel pass permits the pass holder to be accompanied by a companion, one companion shall be carried without payment of a fare as specified by the pass issuing authority. A companion must get off the bus at the same bus stop as the concessionary pass holder or must purchase a valid ticket for any further travel.
A concessionary pass holder observed soliciting other passengers to offer them a free or reduced price journey shall have their pass details reported to the pass issuing authority.
5.5 Where we have reasonable grounds for suspecting that a concessionary pass is being misused in any way, we reserve the right to pass the details of the pass holder on to the issuing authority, refuse travel and/or withdraw the pass as appropriate.
6 RETURN TICKETS
6.1 For some journeys, you may buy a return ticket. Return tickets are valid only on the day of purchase. It is your responsibility to check the validity conditions of a return ticket. Return tickets should be purchased from the driver of the bus on the outward journey and must be presented to the driver of the bus on the return journey for validation. Return tickets are not transferable and only valid for one single journey in each direction.
6.2 We have a wide range of explorer ticket to suit customer needs, these tickets, and any passes, permits, and tickets issued by us are subject to their conditions of issue and use.
7 CHILD AND STUDENT FARES
7.1 Children under five years old will be carried free-of-charge provided that they do not occupy a seat required by an adult passenger and are accompanied by a fare paying customer who is responsible for them.
Fare schemes for children aged five or over and students vary. Individuals who are unable to provide proof of their age and/or student status on request from the driver and may be required to pay the applicable fare.
8 UNPAID FARES: CHILDREN & VULNERABLE ADULTS
8.1 Children aged under 18 and those people who, in the reasonable opinion of the driver, are vulnerable, at risk, or in distress and are unable to pay their fare will be carried at all times. The driver at his discretion may ask for name and address.
9 WHEELCHAIRS, MOBITILY SCOOTERS AND PUSHCHAIRS
9.1 Provided they meet the size and weight limits set out below, and there is sufficient space, we are able to accommodate one wheelchair or mobility scooter on our buses. On some of our vehicles, it may be possible to accommodate an additional mobility scooter in a designated buggy/scooter space. We cannot accommodate wheelchairs or mobility scooters on vehicles that do not have the appropriate facilities.
9.2 We cannot carry wheel chairs or mobility scooters which, combined with the weight of the occupant are heavier than the safe working limit of the wheel chair ramp, in general the safe working limit is 300kg of the total weight though the driver will always have the discretion to evaluate and determine whether the maximum weight limit is likely to be exceeded in the circumstances.
9.3 Our drivers are required to provide reasonable assistance to wheelchair users or disabled customers. Inconsiderate car parking or other factors may prevent the bus from being positioned sufficiently close to the kerb to allow a wheelchair user to get on or off safely. In this case the driver will try to identify a safe place to pull in as close to the bus stop as possible.
9.4 It is the customers responsibility to ensure that their wheelchair, mobility scooter, pram or pushchair is safely positioned within the designated area and that they adhere to any notices applicable to that area and ensure that it does not obstruct or block any exit or gangway.
9.5 Wheelchair users have priority over everyone else for the use of the designated wheelchair space, since this is the only place they can travel safely. Non-wheelchair users unlike wheelchair users will normally have a choice about which part of the bus to sit or stand. Common decency and respect for wheelchair users should mean that customers without disabilities make way for them wherever reasonable to do so. Customers are required to offer reasonable cooperation in allowing proper use of the designated wheelchair area. If someone in a wheelchair wishes to get on and there is space elsewhere on the vehicle. Customers will be required by the driver to vacate the small space provided it is reasonable for them to do so, including repositioning small prams or mobility scooters where possible and folding any buggies and storing these in the luggage space where available, however, no-one already travelling will be asked to get off the bus in order to accommodate a wheelchair user.
9.6 The dimensions of the wheelchair space permit the carriage of a wheelchair no longer than 1200mm and no wider than 700mm (the dimensions of a standard reference wheelchair as specified in the Public Service Vehicle Accessibility Regulations 2000).
10 MOBILITY SCOOTERS
10.1 We accept class 2 mobility scooters (as designated by the Department for Transport) provided the mobility scooter does not exceed 1000mm long, 600mm wide with a maximum turning circle 1200mm.
11.1 When not occupied by a wheelchair or mobility scooter user, the wheelchair space on most vehicles can accommodate up to two small prams or a normal sized unfolded pushchair. Some vehicles also have additional pushchair capacity in a dedicated buggy area. The driver will be able to tell you where a pushchair or pram can be safely accommodated .You should follow their instruction.
11.2 Empty pushchairs or pushchairs carrying luggage must be folded and accommodated in appropriate luggage areas where safe to do so and with consideration for other customers and their belongings. We will not accept liability for loss of or damage to pushchairs and prams.
12 CONDUCT OF PASSENGERS
12.1 When travelling on our vehicles, you are subject to these conditions. Failure to comply with the conditions (or the general law) may result in us refusing to permit you to travel or continue to travel. In particular you must not:
(a) Behave in a manner which may reasonably be expected to cause any person to be alarmed, upset, offended, or annoyed, or which may reasonably be expected to cause a nuisance or inconvenience to any customer driver (including, the use of obscene or offensive language, behaving in a manner that is abusive or threatening. Intending passengers who in the opinion of the driver appear likely to behave in an inappropriate manner or to be under the influence of alcohol, drugs or solvents may not be permitted to travel.
(b) Speak to the driver whilst the bus is in motion, stand forward of the cab area, obstruct the drivers vision or otherwise cause the driver to be distracted while driving, except in an emergency or for reasons of safety.
(c) Obstruct any emergency or other exits, the vehicle entrance next to the driver, gangways, or any part of the vehicle where standing is not allowed (signs are in place to indicate standing capacity and restrictions) or other locations on the bus in any way that would inhibit safety.
(d) Stand on the upper deck or any step leading to the upper deck of any double-deck vehicle while it is in motion (except for the purposes of getting on or off the vehicle.
(e) Use any door for a purpose other than as indicated by a notice, unless directed to by the driver.
(f) Lean out of the vehicle or throw or trail any article from the vehicle.
(g) Remain on the vehicle when directed to leave by the driver.
(h) Deliberately damage or deface any part of the vehicle.
(I) Take part in any form of criminal activity while on the vehicle.
(j) Smoke at any time in any part of the vehicle or carry any lit, cigar, cigarette (including electronic cigarettes) match or lighter on the vehicle.
(k) Consume any type of alcohol while on the vehicle.
(l) Carry or consume any items of food or drink which in the opinion of the driver may make another passengers journeys unpleasant.
(m) Leave rubbish or discarded items on the vehicle.
(n) Play or operate any musical equipment or instructions including radios, mobile phones, MP3 devices etc. on vehicles at a volume that is likely to cause annoyance to other passengers.
(o) Wear roller skates, roller blades or unsuitable footwear, or use scooters or skateboards
(p) Wear soiled working clothes or carry soiled items which might stain or damage the vehicle fittings or other customers clothing.
(q) Allow small children to be uncontrolled at any point when using our vehicles.
(r) Sell, offer for sale, any item, or collect for charity without our prior written consent.
(s) Distribute/display printed or similar matter of any description or distribute any article for the purpose of advertising, or otherwise approach other passengers for any commercial or similar purpose without our prior written consent.
(t) Canvass or survey any passengers without our prior written consent.
(u) Deliberately interfere with any equipment fitted to the vehicle.
(v) Carry any bulky or cumbersome article, or any article or substance which is likely to cause annoyance or risk of injury to any person on the vehicle, or risk of damage to the vehicle or to the property or clothing of any person on the vehicle.
(w) Comply with all reasonable instructions given by the driver and any other member of the company.
(x) Comply with all notices and legal signage displayed on the vehicle.
(y) Have due regard all times for the needs of our elderly, young or disabled customers.
(z) Take reasonable care to ensure that persons, animals, or property within your control do not cause loss, injury or damage to property or persons.
If you are in breach of any these conditions (or general law), you will be asked to give your name and address to a company official, a police officer or a community support officer and refused further travel without refund. We also reserve the right to take measures we consider necessary to protect the safety and comfort of our customers and staff including temporarily or permanently banning you from travelling with us following an incident of misconduct.
Whilst we will do everything that we reasonably can to control conduct of other passengers on our buses, we cannot be held responsible for their conduct.
Where permitted, luggage is carried free of charge at the drivers discretion. In the interests of safety and for the comfort of all our passengers, we reserve the right to refuse or restrict the size, amount and type of luggage or other belongings that you can bring on our buses. In particular, the driver may refuse to accept any item being brought onto the bus or coach and/or may refuse travel that:
(a) There is insufficient space available for your luggage or you are carrying excessive amounts of luggage (to be determined at the drivers discretion).
(b) You are carrying items which may cause inconvenience, or present a danger or discomfort to other passengers or cause damage to their property or the vehicle.
(c) You are carrying items which may block any designated wheelchair or pushchair space, gangway or exit.
(d) We cannot be held liable for any inconvenience or loss caused to a passenger if they are refused travel under these circumstances or if their luggage or belongings are damaged or lost whilst on the bus.
(e) On coaches, larger bags and suitcases may be carried in the rear or underfloor lockers as necessary and as space permits, all baggage should be clearly labelled.
(f) You remain responsible at all times for the safe carriage, stability and handling of any items you bring on board. Fragile items such as electronic goods, portable televisions, computers, radios etc. will only be carried if they are of reasonable size and securely packed. Luggage is carried at your own risk and we accept no liability for any loss or you or any third party, however caused.
(g) We will not carry explosive or combustible material, heavy unsealed batteries, fuel, explosives, ammunition, weapons, or any other dangerous, illegal, offensive or otherwise hazardous items under any circumstances. The list is not exhaustive and the carriage of items is at the discretion of the driver.
(h) We will permit the carriage of a single portable oxygen cylinder or unit for personal medical reasons.
(i) Where we accept the carriage of oxygen cylinders, paint, chemicals or any other liquids or substances on our vehicles, you must ensure that such substances are in proper containers which are sealed and are kept upright and secure throughout the journey. You will be liable for any damage caused to the vehicle or other passengers belongings due to spillage or leakage of any liquid or substance carried.
(j) Folding bicycles are permitted on board our buses, provided that they are stowed safely and they do not block the aisles or access to seats. While we will make every effort to carry folding bicycles, there are instances when this may not be possible, including if there is not sufficient space on the bus or if your folding bike is likely to make inside of a bus dirty or its seats dirty and/or could cause discomfort to other passengers.
(k) Due to space and safety considerations standard non folding bicycles cannot be carried on our buses.
14 DOGS AND OTHER ANIMALS
14.1 Assistance Dogs of any size will be carried on all our vehicles free of charge, when accompanied by a registered disabled person and when being trained by a trainer bearing the appropriate valid identification.
14.2 All dogs must be kept on a lead at all times and dogs must be muzzled where they are likely to be a danger in accordance with the dangerous dogs act. Small animals must be caged, boxed or kept on a lead. Any animal carried must remain under control and must not be allowed to sit on the seats.
14.3 Passengers are responsible for the behaviour of their animals at all times, and for any damage or injury they may cause to any person, or the property of any person including company property on the bus. A charge will be made for cleaning a vehicle if any animal should soil the vehicle and for repairs should any damage be caused. We will not be liable for any inconvenience or loss caused to a passenger if they are refused travel or asked to leave under these circumstances.
15.1 We may fit our vehicles and other property with CCTV to provide added security, monitor the conduct of passengers, monitor our service, to assist us in the process of deterring smoking, vandalism, fraud, theft, anti-social behaviour and attacks on our employees and other individuals, and in support of relevant criminal and civil legal proceedings and complaint investigation. All CCTV equipment and its operation complies with the CCTV code of practice.
15.2 Images of you may be provided to the police, DVSA, Traffic commissioner or any other enforcement agency at their reasonable request, whether to be used as evidence in prosecuting activity or in assisting the identification of individuals or otherwise.
16.1 Passengers must advise the driver immediately, if any suspicious article or package is seen on or near a vehicle, if any passenger is observed acting suspiciously or if any person is seen to tamper with the vehicle.
17 LOST PROPERTY
17.1 If you find property left on a vehicle by another passenger please hand the item(s) to the driver as soon as it safe to do so.
17.2 If you have lost property on one of our vehicles or at our premises, you should contact our operations team on 01242 257585 between 09:00-14:30 Monday-Friday or email firstname.lastname@example.org
17.2 Any lost property found on our vehicles, providing the item is not perishable will be kept for 1 month, all unclaimed lost property will be disposed of after this period. All perishable items not limited to food items will be held for maximum 48 hours then disposed of immediately.
17.3 When claiming lost property you must supply full description of the item including contents if applicable, give of where and when it was lost in order to satisfy us that you are the rightful owner of the property.
17.4 Once property has been identified you will be given details of how and where to collect it from. On collection we require your name and address and supply proof of identity. You will need to pay the cost of postage and packaging in advance if we agree to post the property back to you. We reserve the right to charge a small fee for administration of the lost property service.
17.5 Any questions about enforcement of your rights under the bus and coach passenger rights regulation 181/2011, you should contact Bus Users UK (www.bususers.org)
18 DATA PROTECTION
18.1 If we collect or otherwise process your personal data, we will always do so in accordance with the Data Protection act 1998.(as amended).
19 LEGAL NOTICE
19.1 Unless otherwise stated these conditions constitute the entire agreement between the company and its passengers. None of our employees is entitled to alter or vary any of the provisions of these conditions.
19.2 The contact between the company and any passenger is limited to travel on our own services and liability if any will be limited accordingly. Marchants Coaches Ltd will not be liable for any loss, damage or inconvenience arising for information being given in good faith by any of the companys employees.