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D&K Travel - Griggrose Travel


& Cedar Cabs ( Salisbury )

Our Terms  & Conditions

D&K Travel Conditions of Hire

1. Interpretation 

1.1 Definitions. In these Conditions, the following definitions apply:


Booking and/or Booked: the acceptance of the Quotation and confirmation of reservation.


Business Day: a day (other than a Saturday, Sunday or a public holiday) when banks in London are open for business.


Conditions: these conditions of hire as amended from time to time in accordance with clause 9.12.


Contract: the contract between D&K Travel Limited, a company registered in England and Wales with company number 9394224 and with its registered offices at Unit 2 Staddlestones Farm, Penton Mewsey, Andover, Hampshire, England, SP11 0RQ (hereinafter, “D&K Travel”) and the Hirer for the supply of vehicle hire Services in accordance with these Conditions.

Hirer: the person or firm who purchases the Services from D&K Travel.


Quotation: any document, howsoever described, including but not limited to, a quote or an order, containing the description for the Services, and the cost for the Services provided in writing by D&K Travel to the Hirer.


Services: the vehicle hire services, supplied by D&K Travel to the Hirer as set out in the Quotation.


1.2 Construction. In these Conditions, the following rules apply: 
(a) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality); 
(b) a reference to a party includes its authorised representatives, successors or permitted assigns; 
(c) a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted;
(d) a reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted; any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
(e) a reference to writing or written includes faxes and e-mails. 
2. Basis of contract 
2.1 Upon request, D&K Travel shall supply to the Hirer a Quotation. The Quotation constitutes an offer by D&K Travel to supply Services in accordance with these Conditions. 
2.2 The Quotation shall only be deemed to be accepted on any act by D&K Travel consistent with fulfilling a Booking at which point and on which date the Contract shall come into existence (Commencement Date)
2.3 The Contract, Quotation and Booking constitute the entire agreement between the parties. The Hirer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of D&K Travel which is not set out in the Contract, the Quotation or the Booking. 
2.4 These Conditions apply to the Contract to the exclusion of any other terms that the Hirer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. 
2.5 Acceptance by the Hirer of delivery of the Services by Booking a vehicle shall be deemed to constitute unqualified acceptance of these Conditions.
2.6 The Quotation is given subject to D&K Travel having available a suitable vehicle at the time the Hirer accepts the Quotation. The Quotation is given for both coach and a driver together. The Quotation, unless otherwise stated, shall be valid for seven (7) days from date of issue. Verbal Quotations unless Booked at the time of Quotation, are not binding. If the Hirer is not in the position to arrange Booking immediately, D&K Travel recommend that the Quotation is put in writing. 2.7 The Quotation given is based on operating costs at the date of said Quotation. If more than twenty eight (28) days elapse between the date of the Quotation and the date of travel, D&K Travel reserve the right to pass on to the Hirer any increase in the cost of fuel or any other increased costs resulting from Government action. Any Booking made by credit/debit card incurs a 2% bank charge unless previously agreed by an authorised representative of D&K Travel. This is a charge levied by the bank, and is outside D&K Travel’s control. 

3. Hirer’s Obligations

3.1 The Hirer is responsible for the actions of all passengers on board. Any additional costs incurred in completing the Contract are the responsibility of the Hirer, whether they actually travel with the party or not.

3.2 The Hirer will not 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 previously agreed with D&K Travel. D&K Travel reserves the right to levy additional charges for any additional mileage, or time over and above that which was originally agreed in the Quotation. The charges will be pro-rota, in accordance with the Quotation. 
3.3 The maximum numbers allowed on the vehicle is indicated on the vehicle. No standing passengers allowed. Drivers WILL NOT carry any extra passengers that go over the seating capacity of the vehicle. In the event of additional passengers, the Hirer will need to pre-warn D&K Travel, who will then attempt to lay on additional, if required, and if successful, the additional vehicle(s) will be at the full cost to the Hirer. 
3.4 With the exception of guide dogs, D&K Travel will not carry animals in their vehicles.

3.5 All cancellations of Bookings must be made in writing. In the event the Hirer wishes to cancel the Booking twenty four (24) hours or later following such Booking, all fees paid will be forfeited. D&K Travel can send the Hirer a credit note for the same value as the original Booking, or reschedule the travel for a date of the Hirer’s choice, of course always subject to availability.

A credit/debit card given to D&K Travel is for payment to confirm a Booking only. For the avoidance of doubt, D&K Travel do not ask for or accept any credit/debit card numbers for any other reason than to confirm the Booking of a vehicle.
3.6 In the event of an emergency or request by the Hirer to vary the Quotation, D&K Travel reserves the right to return all fees paid, without further liability, and cancel the Contract. D&K Travel may not be able to supply alternative transport upon this cancellation. In this event D&K Travel will endeavour to assist the Hirer by supplying contact numbers for other coach operators who may be able to provide replacement hire. 
3.7 The Hirer and passengers must have adequate travel insurance in the event that D&K Travel may need to cancel the Booking as a result of an unexpected occurrence. Such insurance shall be purchased by the Hirer and passengers to cover any unforeseen travelling cost, expenses, and losses. Travel insurance is freely available from most insurance providers. 
3.8 Driver operating hours are regulated by law, and the Hirer accepts the responsibly of ensuring the Booking keeps to the hours and times agreed by D&K Travel. Neither the Hirer nor any passengers shall delay or otherwise interrupt the journey in such a way that the driver is at risk of breaching regulations relating to the drivers hours and duty time. If any breach is likely to occur, the Hirer will be responsible for any additional costs. 
3.9 The driver is responsible for the safety of the vehicle. Any passengers whose conduct is in breach of statutory regulations, will be removed on the drivers authority. The Hirer will be responsible for all damages caused to the vehicle by the Hirer or passengers during the Booking and it is likely that the Hirer’s credit/debit card will be charged of a minimum of £100.00 for additional costs. Furthermore, D&K Travel reserves the right to charge a valeting charge for any soiling or damage/fines of vehicles made by the Hirer or their passengers. D&K Travel charges an additional £250.00 refundable sickness and damage deposit for any night time or late night hire. 
3.10 No bill, poster, or notice, is to be displayed on any vehicle without prior consent of D&K Travel. 
3.11 Under no circumstances may alcoholic drinks be carried on-board or consumed upon any vehicle without the express written permission of D&K Travel. 
3.12 All minibuses and coaches are non-smoking. 
3.13 It is the Hirer’s responsibility to inform D&K Travel of any disabilities or medical conditions of the Hirer or passenger prior to the Booking. 

4. Fees 
4.1 All fees must be paid in full prior to the hire taking place, unless a deposit has be agreed by one of D&K Travel managers. If any outstanding fees are due, D&K Travel reserves the right to take the outstanding amount, at any time, from the original credit/debit card, which the Hirer first paid. The Hirer and/or credit card holder, fully agrees that a charge back will not be raised on any credit card issuing company, with regards to any payments of Bookings made. If the client has an account with D&K Travel, D&K Travel reserves the right to collect payment from the original credit/debit card held against the Hirer’s account for defaulted payments on the Hirer’s account. 

5. Indemnity 
5.1 The Hirer shall keep D&K Travel indemnified against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by D&K Travel as a result of or in connection with any claim made against D&K Travel by its employees, agents or sub-contractors or a third party for death, personal injury or damage to property arising out of, or in connection with Services to the extent that such liability is wholly or partly attributable to the acts or omissions of the Hirer, its employees, agents or subcontractors; 
5.2 This clause 5 shall survive termination of the Contract. 

6 Limitation of liability: THE HIRER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE 
6.1 Nothing in these Conditions shall limit or exclude D&K Travel’s liability for: (a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; or 
(b) fraud or fraudulent misrepresentation. 
6.2 Subject to clause 6.1: 
(a) D&K Travel shall under no circumstances whatever be liable to the Hirer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and 
(b) D&K Travel’s total liability to the Hirer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the monies received by D&K Travel under the relevant Quotation.
6.3 Except as set out in these Conditions, all warranties, conditions and other terms expressed or implied by statute, common law or otherwise, are, to the fullest extent permitted by law, excluded from the Contract. 
6.4 This clause 6 shall survive termination of the Contract. 

7. Termination 
7.1 Without limiting its other rights or remedies, each party may terminate the Contract with immediate effect by giving written notice to the other party if: 
(a) the other party fails to pay any amount due under this Contract on the due date for payment and remains in default not less than seven (7) days after being notified in writing to make such payment; or
(b) the other party commits a material breach of its obligations under this Contract and (if such breach is remediable) fails to remedy that breach within 14 days after receipt of notice in writing of the breach; 
(c) the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply; 
(d) the other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors; 
(e) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the other party (being a company) other than for the sole purpose of a scheme for a solvent amalgamation of the other party with one or more other companies or the solvent reconstruction of that other party; 
(f) the other party (being an individual) is the subject of a bankruptcy petition or order; 
(g) a creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days; 
(h) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the other party (being a company); 
(i) a floating charge holder over the assets of the other party (being a company) has become entitled to appoint or has appointed an administrative receiver; 
(j) a person becomes entitled to appoint a receiver over the assets of the other party or a receiver is appointed over the assets of the other party; 
(k) any event occurs, or proceeding is taken, with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 7.1(c) to clause 7.1(j) (inclusive); 
(l) the other party suspends, threatens to suspend, ceases or threatens to cease to carry on, all or substantially the whole of its business; or 
(m) the other party (being an individual) dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his own affairs or becomes a patient under any mental health legislation.
7.2 Without limiting its other rights or remedies, D&K Travel may terminate the Contract by giving the Hirer prior written notice. 
7.3 Without limiting its other rights or remedies, D&K Travel shall have the right to suspend the supply of Services under the Contract or any other contract between the Hirer and D&K Travel if: 
(a) the Hirer fails to make pay any amount due under this Contract on the due date for payment; or 
(b) the Hirer becomes subject to any of the events listed in clause 7.1
(c) to clause 7.1(m), or D&K Travel reasonably believes that the Hirer is about to become subject to any of them. 

8. Consequences of termination 
8.1 On termination of this Contract for any reason: 
(a) the Hirer shall immediately pay to D&K Travel all of D&K Travel’s outstanding unpaid invoices and interest in respect of Services supplied but for which no invoice has yet been submitted, D&K Travel shall submit an invoice, which shall be payable by the Hirer immediately on receipt; 
(b) the accrued rights and remedies of the parties as at termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; 
(c) and clauses which expressly or by implication have effect after termination shall continue in full force and effect. 

9. General 
9.1 D&K Travel may provide a larger vehicle than the size hired at no additional charge. D&K Travel reserves the right to subcontract to another coach operator to cover the Booking. 
9.2 Unless the Hirer has advised of a particular route or places to pass on the journey, to which D&K Travel will confirm in writing, the route taken will be at the discretion of D&K Travel and/or driver. The vehicle will depart at the times agreed by the Hirer, and it is the responsibility of the Hirer to account for all passengers at those times. D&K Travel accepts no liability for any losses incurred by the passengers who fail to follow instructions given by the Hirer. 
9.3 D&K Travel may give advice on journey times in good faith, but does not guarantee the completion of a journey at a specific time, and will NOT be liable for inconvenience or loss caused by breakdown, delay or other unforeseen circumstances. 
9.4 All of D&K Travel’s vehicles are subject to restrictions on carrying luggage for statutory safety reasons. The driver shall be the sole judge as to whether property is carried. D&K Travel will not accept liability for any damage or loss of property being carried on any vehicle. D&K Travel will not accept liability for any damage or loss of property that is left on any vehicle after hire. Any items of found property that have been recovered from a vehicle, will be held at our offices. Full cost of collection is the responsibility of the Hirer, or individual passenger. If the Hirer, or passenger wishes to collect the property in person, an appointment with D&K Travel must be made prior to collection. 
9.5 Complaints must be made within seven (7) days of the date of hire, in writing to D&K Travel. D&K Travel only accepts emails to account[email protected]tltd.co.uk . The Hirer and/or card holder agrees that if there is a dispute regarding a Booking, a charge back request will not be raised through any credit card issuer or bank. 
9.6 Force majeure: 
(a) For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of D&K Travel including but not limited to strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors. 
(b) D&K Travel shall not be liable to the Hirer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event. (c) The performance of D&K Travel’s obligations under this Contract shall be suspended during the period that the Force Majeure Event persists and D&K Travel shall be granted a reasonable extension of time to allow it to perform its obligations under this Contract once the Force Majeure Event has been resolved. Notwithstanding clause 9.6(c), if the Force Majeure Event persists for more than two (2) weeks, D&K Travel shall, without limiting its other rights or remedies, have the right to terminate the Contract immediately by giving written notice to the Hirer. 
9.7 Notices: 
(a) Any notice or other communication required to be given to a party under or in connection with these Conditions shall be in writing and shall be delivered by email. 
(b) This clause 9.7 shall not apply to the service of any proceedings or other documents in any legal action. 
9.8 Waiver and cumulative remedies: 
(a) A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. (b) Unless specifically provided otherwise, rights arising under the Contract are cumulative and to not exclude rights provided by law. 
9.9 Severance: 
(a) If a court or any other competent authority finds that any provision of these Conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of these Conditions shall not be affected. 
(b) If any invalid, unenforceable or illegal provision of these Conditions would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable. 
9.10 No partnership: Nothing in these Conditions is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way. 
9.11 Third parties: A person who is not a party to the Contract shall not have any rights under or in connection with it. 
9.12 Variation: Except as set out in these Conditions, any variation, including the introduction of any additional terms and conditions, to these Conditions shall only be binding when agreed in writing and signed by D&K Travel. 
9.13 Conflict: If there is an inconsistency between any of the provisions in these Conditions and the terms and conditions issued by the Hirer, the provisions in these Conditions shall prevail. 
9.14 Dispute Resolution: 
(a) All disputes arising out of or in connection with these Conditions shall to the extent possible be settled amicably by negotiation between the parties within thirty (30) days from the date of written notice by either party of the existence of such a dispute; 
(b) If the dispute is not resolved in accordance with clause 9.14(a), the parties will attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator will be nominated by CEDR. To initiate the mediation, a party must give notice in writing (ADR notice) to the other party requesting the mediation. A copy of the request should be sent to CEDR Solve. The mediation will start not later than sixty (60) days after the date of the ADR notice. 
(c) No party may commence any court proceedings in relation to any dispute arising out of these Conditions until it has attempted to settle the dispute by mediation and either the mediation has terminated or the other party has failed to participate in the mediation, provided that the right to issue proceedings is not prejudiced by a delay. 
9.15 Governing law and jurisdiction: These Conditions, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.


D&K Travel T&C's updated 27/12/2014

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D & K Travel Ltd 2017