Dedicated School Bus Services Terms & Conditions

Revised Issue Date: 7th August 2024

 

 

1 Introduction

 

1.1  Throughout these terms & conditions, references to “the company, we, us and our”, should be read as referring to Marchant’s Coaches Ltd.

 

1.2  “Customer” means the individual purchasing the Annual School Bus Pass.

 

1.3  “Annual School Bus Pass” means a digital bus pass (QR code) sold by us to you, covering travel on a specified route for the duration of the entire academic school year.

 

1.4  “You or your” means the customer.

 

1.5  “Passenger” means the child/children of the customer travelling on our dedicated school bus service

 

1.6  “Dedicated School Bus Service” means our M1, M2, M3, M5, M11, M12, M13, M14, M15, M16 and M18 services.

 

1.7  “Website” means our website at www.marchants-coaches.com

 

1.8  “Social Media” means our Facebook Page: facebook.com/marchants and Twitter Account: Twitter.com/MarchantsBuses.

 

1.9  The attention of all Customers and Passengers is drawn to these Terms & Conditions, which apply to all travel on our Dedicated School Bus Services, unless stated otherwise.

 

1.9 These terms & conditions apply from the issue date shown above to all our Dedicated School Bus Services.

 

1.10 We reserve the right to vary, alter or amend the terms & conditions from time to time without notice. There may also be specific variations and/or supplements to these terms & conditions on certain Dedicated School Bus Services.

 

1.11 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 Dedicated School Bus Services as advertised in our timetable. There may be occasions when journeys take longer than expected and/or 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 Whenever possible, we will advise Customers and Passengers of any disruption to our Dedicated School Bus Services via our website and social media pages. However, in the event of cancellation, delay, diversion or termination of any of our Dedicated School Bus Services we shall not be liable for direct or indirect losses, damages, cost or inconvenience that you suffer as a result.

 

2.3 Customers are responsible for their child/children’s onward travel arrangements. We do not guarantee that our Dedicated School Bus Services will connect with any bus, train or other service.

 

3 Days of Operation

 

3.1 Our Dedicated School Bus Services will operate on school term dates only at the times advised by us. If any school chooses to close early (e.g. at the end of term or for open evening preparation) we cannot guarantee that we will be able to pick Passengers up at the earlier finish time.

 

4 Route & Timings

 

4.1 Passengers are able to board/alight the bus using their Annual Bus Pass at any bus stop on their route that falls within the same pricing bracket. Passengers must only travel on the route they have an Annual Bus Pass for. Annual Bus Passes are route specific and are not valid for travel on any other route.

 

4.2 We reserve the right to make adjustments to routes and timings at all times to ensure arrival at school in time for the beginning of the day and to accommodate as many children as possible with their transport to and from school. This may mean Passengers will be required to travel at a different time and/or on a different route to a previous time/route allocated to the Passenger, however, their bus stop will remain unchanged.

 

5 Cash Fares & Single Journeys

 

5.1 We do not offer the option of cash fares or single journeys on any of our Dedicated School Bus Services.

 

5.2 Members of the public are not permitted to travel on our Dedicated School Bus Services.

 

6 Annual School Bus Passes

 

6.1 A £50 non-refundable deposit is required at the time of purchasing the Annual School Bus Pass.

 

6.2 For any Annual School Bus Pass purchased after the beginning of the academic school year, the charge will be made based on half termly intervals.

 

6.3 A valid Annual School Bus Pass must be shown to the driver when boarding the bus at all times. Failure to produce a valid annual school bus pass may result in refusal to travel.

 

6.4 Photos of an Annual School Bus Pass taken on mobile phones will not be accepted as proof of entitlement to travel.

 

6.5 A valid Annual School Bus Pass must be available for inspection by a member of our operations team at any time during the Passenger’s journey.

 

6.6 The Annual School Bus Pass remains the property of the Company and may be withdrawn without notice if found to be misused.

 

6.7 The Annual School Bus Pass is only valid for the specific person and specific route issued to and is non-transferable.

 

6.8 No Passenger will be permitted to use an Annual School Bus Pass which has

       (a) Been damaged, mutilated or defaced

       (b) Been issued for use by another person on terms that is not transferable.

       (c) Expired

       (d) In the reasonable opinion of the driver or member of our operations team, been obtained fraudulently

 

7 Payment

 

7.1 The Customer is responsible for paying the full year’s fee regardless of personal circumstances.

 

7.2 When paying by standing order, please ensure both the booking reference and child’s name are supplied to assist with the allocation of payments. If this is not done we cannot guarantee that the payment will be allocated to the correct account.

 

7.3. The Company reserves the right to refuse the payment option selected by the Customer where previous agreements have been unfulfilled.

 

7.4. Where a standing order payment fails, payment for the outstanding fees must be paid within 48 hours.

 

7.5. Where a standing order payment fails, an additional admin charge of £10.00 will be applicable if the Company are required to contact the Customer to collect the outstanding monies.

 

7.6. Where a standing order fails on more than one occasion, the Customer will be required to pay the remainder of the fees in full by either BACS transfer, debit card, credit card or in person at our travel shop located at 61 Clarence Street, Cheltenham, GL50 3LB.

 

7.7. Failure to pay the required fees will result in the removal of the Annual School Bus Pass.

 

7.8. The Company reserve the right to refer unpaid accounts to County Court for judgement.

 

7.9. Payment can be accepted by standing order, debit card, credit card or cash.

 

7.10. Annual School Bus Passes are zero-rated for the purposes of Value Added Tax (VAT).

 

8 Lost Annual School Bus Passes

 

8.1 No Passenger will be left stranded at a bus stop or at the school if an Annual School Bus Pass has recently been lost.

 

8.2 Replacement for lost, damaged or defaced Annual School Bus Passes is at the Company's discretion and if replaced there will be a charge of £10.

 

9 Refunds for Annual School Bus Passes

 

9.1 A £50 non-refundable deposit is required at the time of purchase. If a Passenger is to travel on a different route the deposit can in this instance be transferred to the new route.

 

9.2 If an Annual School Bus Pass is returned for any reason, a refund will be given for any full half term remaining.

 

9.3 Winchcombe School have agreed to give a financial grant of 25% towards the costs of all academic bus passes for Winchcombe School pupils using our M15 & M18 services for the September 2023 –July 2024 academic year. The financial grant is non-refundable, if a pupil leaves Winchcombe School this amount will be deducted from their adjusted account.

 

10 School Closures Due To Covid-19

 

10.1 We regret that we are unable to offer refunds if a Passenger is required to self-isolate and not attend school for any length of time due to a Covid-19 case.

 

10.2 In the event of whole school closures during term time due to government measures to combat Covid-19, we will provide proportionate refunds to account for the days the Dedicated School Bus Services have not been provided. This refund amount will be calculated upon the re-opening of the closed school and once the number of days of that school closure has been confirmed. The refund will be made as soon as possible following the re-opening of the school. Alternatively you can have the credit left on your account against future bookings.

 

10.3 If we provide a demand responsive bus service for vulnerable children or the children of key workers during any school closure, we will be unable to provide refunds to any Customers who have used this service on one or more occasions.

 

11 Boarding & Alighting the Vehicle

 

11.1 Passengers 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.

 

11.2 Passengers should indicate clearly to the driver of an approaching bus if they 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.

 

11.3 When Passengers board they must scan a valid Annual School Bus Pass.

 

11.4 Passengers must not use the emergency exits on any vehicle except in a genuine emergency or where instructed to do so by the driver.

 

11.5 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, stands and bus stops, Passengers cannot be picked up once the driver has signalled his/her intention for vehicle to depart.

 

11.6 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.

 

12 Conduct of Passengers

 

12.1 When travelling on our vehicles, Passengers are subject to these conditions. Failure to comply with the conditions (or the general law) may result in us refusing to permit Passengers to travel or continue to travel. In particular Passengers 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 Passenger or 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 driver’s 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 passenger’s journeys unpleasant.

 

(m) Leave rubbish or discarded items on the vehicle.

 

(n) Play or operate any musical equipment 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 clothes or carry soiled items which might stain or damage the vehicle fittings or other Passengers clothing.

 

(q) Deliberately interfere with any equipment fitted to the vehicle.

 

(r) 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.

 

12.2 Passengers are expected to:

 

(a) Comply with all reasonable instructions given by the driver and any other member of the company.

 

(b) Comply with all notices and legal signage displayed on the vehicle.

 

(c) Have due regard all times for the needs and safety of our other Passengers.

 

(d) Take reasonable care to ensure that property within your control do not cause loss, injury or damage to property or persons.

 

Passengers who are in breach of any these conditions (or general law), will be asked to give their 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 Passengers 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 the conduct of other Passengers on our vehicles, we cannot be held responsible for their conduct.

 

13 Covid-19 and Face Coverings

 

13:1 Whilst travelling on our Dedicated School Bus Services, all Passengers must adhere to the latest Covid-19 legislation and guidance that is in place. Further details can be found on our website.

 

14 CCTV

 

14.1 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.

 

14.2 Images of Passengers may be provided to the school, 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.

 

15 Security

 

15.1 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.

 

16 Passenger Property

 

16.1. The Company will take all reasonable steps to avoid loss or damage to Passengers personal property.

 

16.2. The Company accept no liability for loss and/or damage to Passengers’ property, personal items or luggage left unattended in the vehicle.

 

16.3. All items of lost property when found are labelled and held at the Company Head Office or Depot and are subject to the current Public Service Vehicle (Lost Property) Regulations. Low value items (such as hats, gloves etc.) will be kept for one month. Higher value items (such as mobile phones, cameras etc.) will be kept for three months after which all items are destroyed. If requested, items of lost property can be returned to the owner of which the charges are recoverable. 16.4. It is the responsibility of the Customer to ensure that adequate insurance cover is sought to cover loss or damage to the Passengers items.

 

16.5 Passengers who have lost property on one of our vehicles, should contact our travel shop on 01242 257714 between 09:30-16:30, Monday-Friday or email: [email protected].

 

16.5 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.

 

16.6 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.

 

16.7 We reserve the right to charge a small fee for administration of the lost property service.

 

17 Complaints, Comments & Suggestions

 

17.1 All formal complaints must be made either by email: [email protected] or post to:

       Operations Department

       Marchants Coaches Ltd,

       100 Prestbury Road,

       Cheltenham,

       GL52 2DL

 

17.2. We shall endeavour to conduct a full investigation into your complaint, along with a full written response within 10 working days.

 

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 Terms & Conditions constitute the entire agreement between the Company and the Customer.

 

19.2 We will not be liable for any loss, damage or inconvenience arising for information being given in good faith by any of the Company’s employees.

 

19.3 These Terms & Conditions are subject to change without written notice.

 

19.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

 

Registered Address: Marchants Coaches Ltd, 61 Clarence Street, Cheltenham, GL50 3LB

Company Registered No. 2877739. VAT Registered No. GB 618 4128 45

Public Service Vehicle Operator’s Licence No: PH0006563