D&K Travel Conditions of Hire
1.1 Definitions. In these Conditions, the following
and/or Booked: the acceptance of the Quotation and confirmation of reservation.
Day: a day (other than a
Saturday, Sunday or a public holiday) when banks in London are open for
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
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
(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
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
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
3.0 DTK Group requires £120.00 Deposit to secure your booking, at the time of confirmation.
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.
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.
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.
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.
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. If any signs of alcohol are consumed on-board any vehicle the company reserves the right to remove or destroy such items, and/or cancel any onward journey.
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.
4.1 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.
5.1 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
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
(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
6.4 This clause 6 shall survive termination of the
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
(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
(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
(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
(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
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.
8.1 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
(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.
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.
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 email@example.com
. 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.
(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
(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
D&K Travel T&C's updated 27/12/2014