TERMS & CONDITIONS
INTRODUCTION
This document sets out the procedures, and terms and conditions for hiring a minibus operated by PADSTOW AND DISTRICT COMMUNITY TRANSPORT (hereinafter referred to as PDCT).
The PDCT Minibus hire service operates un a Section 19 permit and is available to non-commercial, non-profit making community, social and charitable groups in Padstow and the surrounding district lying within a Registered Area defined by a rough boundary provided by the River Camel, the coast and Wadebridge, St Columb Major, and Newquay, who have registered with and become members of PDCT.
TERMS OF MINIBUS HIRE OPERATION
The Minibus is operated under the Small Bus Permit legislation. PADSTOW AND DISTRICT COMMUNITY TRANSPORT is the registered holder of a Sma75ll Bus Permit for the Minibus and every hire is carried out under the terms of this Permit.
This means that:
A minibus can only be hired by existing, paid-up, Group Members (Member Groups) of PDCT
A minibus can not be hired by an Individual Member of PDCT nor by a member of the general public nor by any corporate or business entity.
A minibus cannot be hired for any activities (or be used as a part of any activities) which are profit making or form a part of a commercial business activity.
A minibus cannot be hired for the carriage of goods other than the personal effects (e.g. shopping or luggage) of the passengers.
All hires take place in the name of PADSTOW AND DISTRICT COMMUNITY TRANSPORT and under the conditions defined by the Directors of PDCT.
Whilst on hire, a minibus can only be driven by a volunteer driver who is on the PDCT Register of Drivers and who has been assigned to the task by PaDCT. The minibus is not available for what is generally known as “self-drive” hire.
Subject to availability of the Minibus and an appropriate volunteer driver and to the agreement of PDCT, a Minibus may be booked and hired by any Group Member (Member Group). It is important to realise that demand for hiring the Minibus may exceed the available supply of bus and/or volunteer driver and, therefore, PDCT cannot guarantee that any Member Group will be able to make all the bookings they would like.
CONDITIONS GOVERNING THE USE OF THE MINIBUS
Driver’s Authority
Every PDCT driver is qualified and assessed accordingly.
Volunteer drivers working for PDCT carry a lot of responsibility and, should they feel it necessary, the final decision to cancel a journey (e.g. because of exceptional weather, traffic conditions, dangerous behaviour of passengers, etc.) lies with them.
The PDCT pool of volunteer drivers is small and it is a delicate job to maintain a volunteer driver's interest and ensure that they are not taken for granted. It is, therefore, vital that groups making use of the Minibus hire service do not make unreasonable requests of the volunteer driver. (For example, a group should not unreasonably request a PDCT driver to pick up more than the number of passengers identified on the booking or to drive to a destination other than that identified on the booking). PDCT reserves the right for their volunteer driver to refuse any such a request if they believe it to be unreasonable.
Seating Capacity
The maximum passenger seating capacity (excluding the driver) is: 15
Subject to advance notification to PDCT (to allow preparation of the Minibus) the maximum number of passengers that can travel in their Wheelchair is: 1
The number of ordinary seats is reduced by 4 (the rear two double seats have to be removed) when carrying a passenger in a wheelchair, leaving seating capacity for the Driver, 11 ordinary seats and 1 wheelchair seated passenger.
At no time must the number of passengers exceed the number of available seats.
Access for Passengers with Impaired Mobility
The Minibus is fitted with a passenger-lift to allow for the access of passengers with limited mobility or a passenger in a wheelchair. However, if the hirer wishes this facility to be used they must notify PDCT at the time of booking so that a suitable driver can be assigned to the hire.
It is the hirer's responsibility to assess each passenger's ability to use the steps or passenger lift when boarding or alighting from a PDCT Minibus. Similarly, it is the hirer's responsibility (where applicable) to assess each passenger's ability to transfer safely from a wheelchair to a seat in a PDCT Minibus, and from such a seat to a wheelchair.
PDCT recommend that any lifting and handling of passengers in the Minibus should only be undertaken by individuals who have received training in the relevant techniques. PDCT volunteer drivers do not accept any responsibility for the lifting and handling of Group Hire passengers – that remains the hirer’s responsibility.
Blue Badge Use
The PDCT Minibus can be used with a Blue Badge if it is provided by an eligible passenger. It is an offence to display a Blue Badge while a motor vehicle is being driven on the road or to use a Blue Badge when the named holder is not present. It is, therefore, the PDCT volunteer driver's responsibility to ensure that the Blue Badge is only facing outward when the vehicle is parked, and when the named eligible passenger is being carried. It is down to the volunteer driver’s discretion to use or not to use a Blue Badge. PDCT parking rules apply even when a Blue Badge is used.
Escorts and Trip Organisers
PDCT is unable to offer an escort service on Minibus hires. It is, therefore, the responsibility of the hirer to provide a reliable and competent escort. An appropriately qualified escort is compulsory if children or other vulnerable passengers are to be carried. PDCT reserves the right to refuse a hire booking if a suitable escort cannot be provided by the hirer.
The escort or trip organiser is normally expected to meet the driver at the PDCT garage or at the first passenger pick-up point unless otherwise agreed beforehand.
The escort/organiser's responsibilities include:
Ensuring that they have a complete list of all passengers to be carried.
Ensuring the passengers are aware of pick-up times and places
Dealing with the personal needs of passengers.
Escorting passengers to and from the vehicle at the destination.
Assuring the good behaviour of passengers and adherence to rules.
Assisting the driver in planning the route if the job involves multiple pick-ups.
Assisting the driver in the event of an accident, breakdown or emergency by looking after the passengers.
Protection of Children
PDCT volunteer drivers are not to be expected to supervise children. If the hirer is a school, a youth group or a voluntary child care organisation it is the responsibility of the hirer to provide suitable and appropriate DBS checked adult supervision of child passengers.
Passenger Seat Restraints
All seats in the Minibus are fitted with inertia reel restraint systems. Passengers in the front cab seats must, by law, use these at all times, all other passengers in the saloon should use the available restraint systems at all times when the Minibus is moving, unless they hold a medical exemption certificate.
It is a requirement that all children (up to 14 years) sit on forward-facing seats and wear seat restraints. Legislation precludes the use of any rearward facing seats for the carriage of children. The PDCT Minibus has 15 forward facing passenger seats in the saloon.
The 2 forward facing seats in the cab are not recommended for the carriage of children. PDCT cannot provide baby carriers, child seats or booster cushions. Such items must be provided by the hirer if they consider them necessary.
Passenger Safety and Comfort
The PDCT Minibus is a public place. No Smoking is allowed on board the minibus at any time.
No open, spillable drinks and no hot meals (e.g. fish & chips) are to be consumed in the PDCT Minibus. Any spillages or littering should be cleared by the passenger concerned using the spill kit provided to avoid hazard to other passengers.
The Minibus is equipped with:
High visibility PaDCT jackets for use by driver, supervisors or in an emergency.
A spill kit comprising bucket, sponge, brush, cloths and general cleaning items.
A first aid kit.
Two fire extinguishers.
Heating (under the control of the driver).
Interior Lighting (under the control of the driver).
Radio (under the control of the driver).
Vehicle Cleanliness
The hirer has a responsibility to maintain the interior of the Minibus in a generally clean and tidy state during the course of the hire. Any spills should be cleaned up and any rubbish should be removed by the passengers concerned. Also the hirer is responsible for dealing with the repatriation of any personal belongings that may be left in the Minibus by their passengers; preferably by taking them away at the completion of the hire.
Should the Minibus return with its interior in an unclean state that requires excessive corrective cleaning action by PDCT before it can be used again then they reserve the right to invoice the hirer a sum to cover the cleaning costs and administration charges involved.
Parking
It is the hirer/driver’s responsibility to ensure that the Minibus is always parked safely and securely where it does not block or impede the passage of other road users and that, where the Minibus is to be left unattended for any significant period of time, it must be parked in an off-road vehicle park with suitable parking spaces for a vehicle of the size of the Minibus. It is the responsibility of the hirer/driver regarding the suitability of drop-off and parking sites.
Any overnight parking arrangements must be agreed with PDCT at the time of booking.
All parking costs incurred are the responsibility of the hirer.
Off-road Use
For the safety of both passengers and the Minibus, the PDCT vehicle must not be driven "off-road". However, it may be parked in an area or on a surface that is considered to be “off-road”.
HIRING THE MINIBUS
All PDCT Minibus hires are operated under the auspices of the PDCT Small Bus Permit, thus every hire comprises the supply of the PDCT Minibus together with an appropriate volunteer driver nominated by PDCT from the PDCT Register of Drivers. No other persons are allowed to drive the Minibus
Availability
All Minibus hire bookings are accepted at the sole discretion of PDCT
The provision of the PaDCT Minibus hire service is dependent upon the one available minibus being driven by a suitably trained driver. Hire bookings will be taken on a first-come, first- served basis.
The Minibus hire service is generally available on a full day or half day basis. Alternative arrangements are available subject to per case negotiation with PDCT.
It is the hirer’s responsibility to provide PDCT with accurate information about the destination and/or venue for a hire. This includes details about the precise address, identification of any hazards, and the provision (where requested) of directions.
After making a booking a Group Member should give careful consideration to passenger pick-up route planning, especially if it involves multiple pick-ups. (For example, if a group of people is being picked up for a club meeting, it is not a good idea if the first person to be picked up ends up being on the Minibus for over an hour whilst others are collected).
Emergency Contact Details
The hirer must provide a contact telephone number that will enable a member of the travelling group (preferably the Escort of Trip Organiser) to be contactable during the time of the hire. This is especially important for hires outside normal office hours. If hirers do not provide such a telephone number, PaDCT cannot be held responsible for any failure to inform the Member Group about any emergency or other problem associated with the hire: e.g. a breakdown on the way to the first pick-up.
GENERAL TERMS & CONDITIONS OF VEHICLE HIRE
1. All accounts must be paid promptly. Invoices are sent out within a reasonable time of the completion of the hire and must be paid within 30 days. PDCT reserves the right to refuse bookings to any Member Group whose account is overdue.
2. Payment of the invoice for any particular hire will be the responsibility of the hirer. Non payment of invoices will result in loss of membership and refusal to accept any further bookings.
3. Drivers and passengers are not allowed to smoke in a PDCT vehicle. caused by smoking will be repaired and charged at cost to the hirer.
4. The hirer’s passengers should keep the Minibus interior in a clean and tidy condition and their rubbish, if any, should be removed from the vehicle before the end of the hire. Failure to do so may result in a surcharge being added to the hirer's invoice.
5. PDCT reserves the right to ban a Member Group and/or the assigned Volunteer Driver should that group and/or driver allow another person, who is not a PDCT Registered Driver (and, hence, not insured), to drive the PDCT minibus during the course of a hire. In such circumstances, the driver(s) concerned may be liable to prosecution.
6. Should a group fail to turn up for a booked hire, or give little or no notice of cancelling their hire, PDCT reserves the right to levy a charge of 50% of the hire charge that would have applied.
7. Should a group persistently cancel their block bookings, PDCT reserves the right to levy a charge of 50% of the hire charge that would have applied, regardless of the length of notice given for the cancellation.
8. PDCT reserves the right to reject, cancel or vary any booking if the purpose for which the vehicle is to be used is inconsistent with the aims, objectives or rules of PDCT.
9. In the event of cancellation or change to a booking by PDCT, no liability can be accepted for any loss, financial or otherwise, arising from PDCT’s failure to provide a vehicle, and PDCT cannot be held responsible for breach of contract in such circumstances.
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