This Policy applies as between you, the User of this Website and Sports Leisure Travel Limited the owner and provider of this Website. This Policy applies to our use of any and all Data collected by us in relation to your use of the Website.
Introduction
This document details the general terms and conditions of a contract between the Company and the Operator.
When a coach request is accepted in writing, it is understood that both parties accept the terms and conditions detailed in this document along with price schedules as agreed for the period which remains confidential between the Company and the Operator.
The Operator must hold all licences necessary to provide the services, including a standard international public service vehicle operator’s licence. The Operator must adhere to vehicle safety inspections as required by the Operator’s Licence and as declared in the Companies audit.
The Operator must notify the Company immediately of any Public Inquiry or pending enquiry by a Traffic Commissioner into the Operators repute, serious vehicle defect, tachograph offences, record keeping or vehicle maintenance. Failure to do so could result in all future work being operated on behalf of the company being removed from the Operator.
The Operator must notify the Company immediately of any change of ownership, senior management or nominated Transport Manager.
The Operator must hold public liability insurance with a minimum cover of £5,000,000.
By accepting a request, the Operator must provide coaches and drivers to the Company on the terms set out in this agreement in a professional manner. The Services must be carried out by the Operator, using vehicles owned or leased to them and using drivers employed by them. Agency drivers must not be used. Vehicles provided should be either in the Operator’s own livery, the Company’s own livery or without any sign writing or livery other than the Company’s livery. On no occasion should the Operator sub-contract any departure to another operator without the written permission of the Company. The Operator must never advertise any of the Companies departures on any broker or clearing house websites.
The Operator must subscribe to an appropriate emergency roadside assistance organisation and provide their own effective 24 hour contact system via which the Company can contact a senior member of the Operator’s staff at any time. In the event of a problem arising we regard non-availability of any of the Operator’s senior personnel as a serious matter.
The Operator must have a suitable, current Health and Safety Policy. The Operator must have a suitable Risk Assessment Policy. These policies should be available for inspection at any time.
The operator must have a suitable drink and drugs policy in place with testing equipment to enable random tests to be carried out. There should be a process for the random testing of drivers in place.
When a booking request has been accepted the Operator is obligated to provide the Services to the Company. If for any reason the Operator does not provide the Services and the Company has to reallocate that Service with another supplier the Company reserves the right to recover any expenses, losses, charges and other costs incurred from the Operator, including any tour cancellation costs. Depending on the circumstances we reserve the right to terminate any contract between the Company and Operator.
While we do not try to restrict direct contact between the Operator and the group of passengers the Company engages the Operator to transport (“the Group”) please note that only the Company is authorised to agree any changes whatsoever to the timings or itinerary for the journey. The Operator must make any changes to timings or the itinerary reasonably requested by the Company or its representatives on reasonable notice.
The Operator must take all reasonable actions to ensure drivers are compatible with working with children.
Coaches will be expected to provide excursions, transfers or local services for the Group within the limits of the driver’s hour’s regulations and all other rules, regulations and laws which govern drivers in the EU. We do not ask for any service, which is outside EU regulations, but expect drivers to co-operate with party leaders’ spontaneous requests.
The Operator must ensure that all relevant documentation is provided to drivers to conform to EU legislation. The Operator shall supply the Company with copies of all tachograph discs or digital print outs, work records and/or other documentation reasonably requested by the Company within seven days of the date of any such request.
The Operator must pay all taxes, tolls and parking charges. The Company will pay for all sea ferry crossings and Eurotunnel journeys. The driver is responsible for the collection and safe-keeping of ferry and/or Eurotunnel documentation.
The Journey
The Company will endeavour to supply a detailed itinerary approximately 14 days prior to the departure date. The Operator must adhere to the itinerary unless otherwise instructed by the Company. If any itinerary supplied by the Company is likely to cause difficulties, the Operator will inform the Company immediately.
Drivers must comply absolutely with drivers hours’ regulations including the use of feeder drivers (when necessary). Feeder drivers shall not join or leave the vehicle at points which stretch the hours rule to the absolute limit. On no account should the Group be diverted to collect or drop feeder drivers. A tour driver or feeder driver must be with the coach at all times whilst the Group is aboard. The Company will pay for feeder drivers based on any journey that requires a feeder driver from the school to the destination.
On occasion the Company’s staff will join the coach either at the group pick up point, at Dover or other pre-advised locations. The Operator must wait for these staff until the appointed pick up time. Should the driver have difficulty with a Group who wish to depart early, the driver should seek authority from the Company or one of its representatives.
No overnight journey shall be operated by a single driver on any long haul departure travelling overnight, even on occasions where single crewing may comply with drivers’ hours’ legislation. No person, including drivers’ family or friends, is to travel on a vehicle hired by the Company other than those authorised by the Company.
The coach must be legal in all aspects of operation, conform to R66 roll over regulations and be fitted with seat belts to every seat. The proper functioning of every seat belt shall be checked by the Operator prior to the commencement of any work for the Company. For tours of more than 1 day, the Operator must not use any coach registered before 2014 for all Tour departures commencing in 2024 or coaches registered in 2015 for all departures commencing in 2025 without the express permission of the Company. For day trips and transfers will be no more than 12 years where any element of the journey includes travelling on a motorway.
When an executive coach is requested by the Company it must have a minimum of 49 seats unless previously agreed with the Company. The Company will request coaches with a greater seating capacity if required. The crew seat should never be used by paying clients, this seat is for sole use of either the Operators crew or staff of the Company. On no account should the crew seat be included as part of the coach seating capacity.
Coaches must have a functioning PA system and radio/CD player, air conditioning or climate control and display children on board signs. On continental tours reclining seats are a minimum requirement. The coach or drivers must be equipped with a network linked and adequately charged mobile phone and the Company must be made aware of the phone number allocated to the vehicle for each specific trip. All coaches operating on the continent must have phones that operate on a European digital network. All regulations relevant to the country they are driving in for the use of mobile whilst driving must be adhered to.
In addition to the above, all coaches where an executive specification coach is requested by the Company must have the facilities of Toilet and hand wash basin. All facilities must be fully operative and available throughout the hire.
Vehicles must carry adequate detailed maps of the whole route bearing in mind some tours could be in remote locations, a warning triangle, drivers high visibility jackets, torches, a basic tool kit plus simple spares (belts etc).
The Operator must display a notice excluding the Company’s and Operator’s liability for loss of, or damage to, the belongings of any person in the group.
The Drivers
Drivers must be fully briefed on the demands of the work, have the fullest possible access to the itinerary provided and have access to maps online or navigational aids. Whenever possible, drivers must be experienced on the routes in question and in dealing with school parties. They must arrive at the school in smart attire, preferably company uniform. All drivers should wear a shirt and tie with smart trousers. The Company does not allow denim jeans and trainers.
Drivers will be accommodated and fed to the same standard as the Company’s group, though on route meals are the driver’s own responsibility. Drivers must be made aware of the accommodation to be provided. Suitable daytime accommodation will be provided for drivers requiring day rest before commencing return journeys. The company will endeavour to accommodate drivers in single rooms. On occasions this may not be possible and the company will discuss this with the operator pre-departure to find a suitable solution.
Drivers must not drink alcohol whilst on duty. Whilst off duty if a driver does drink alcohol it must be done in moderation and in no circumstances shall he/she drink alcohol in a quantity that may impair his/her driving during the following duty period. Drivers must not drink alcohol where it is in view of children.
Any driver who behaves unprofessionally, such as drinking excessively or becoming abusive, will be returned to the UK by either the Company, or by the Operator immediately on the Company’s request, by any available transport and at the Operator’s expense. A replacement driver must be provided by the Operator by the first available flight at the Operator’s expense.
Drivers must provide a safety induction speech to the group before departure, show the group the location of the emergency exits, first aid kit, and fire extinguisher and advise on the wearing of seat belts. Drivers must be aware of the safety precautions needed when school groups are on a vehicle and particularly when they are getting on and off the vehicle.
Drivers must always work within EU driver’s hour’s rules and regulations. On double crewed coaches drivers must take separate weekly rest periods where possible and provide maximum usage of the coach to the Group and the Company within the EU driver’s hour’s rules.
We rely on the Operator to ensure that their staff are compatible with school work prior to any work being carried out for the Company. Drivers are required to be either Disclosure and Barring Service checked (England & Wales) or Disclosure Scotland checked in order to work with Educational groups. Operators must have a system in place to enable these checks to be carried out and be in a position at all times to provide evidence to the Company those checks have been completed and that the Operator has undertaken an appropriate analysis of suitability.
All drivers taking a group abroad shall have had previous experience of driving a coach on the European mainland unless driving as a second driver under the guidance of an experienced driver.
The Operator must ensure coaches are non-smoking both for the group and drivers at all times. Drivers must never smoke in view of the group. Mobile phones must never be used or handled whilst driving, including the use of hands free devices.
Social Media and Safeguarding
No driver should contact any of the companies guests who are under the age of 18 years using social network sites. It is the drivers responsibility to not put themselves in a potentially compromising situation should a guest attempt to contact them.
Drivers must not:
Drivers should report immediately to their employer if a guest of the company attempts to contact them via text or social networking. The Operator should in return report this to the Company.
Should a driver be invited to be in a photo or video, do not have a photo or video taken with just one guest. Instead involve another driver, member of staff or additional guests. We cannot control the use of these. It may also be advisable to keep hands in front and on view during these instances.
Drivers should be made aware that if they believe they have made any contact via social media with a guest of the Company aged 18 or under it will automatically be reported to the child protection services/and or the Police who will carry out an investigation which could result in prosecution. Any contact with an ex guest aged 18 or under is prohibited. Although the legal age of consent is 16, due to the position of trust, the age limit of 18 applies.
If drivers receive a text, email or explicit image from someone that could be 18 or under they should delete it immediately. DO NOT forward it on as it could be construed as distribution of child pornography if the person appears to be under 16.
Modern Slavery Act 2015.
The Company complies with all requirements set out in section 54(l) of the Modern Slavery Act 2015. We therefore condemn and will take all relevant steps to ensure there is no slavery, forced labour or people trafficking in either our own business or in our supply chain.
Should any Operator be aware of or suspect any form of slavery, forced labour or trafficking within its own business supply chain, or within the wider industry, it must be brought to the attention of the Company immediately.
Breakdowns, Delays or Accidents
The Company must be informed immediately of any delay, possible future delay, breakdown or accident. We will then keep the Group informed or make other arrangements as necessary. You will have been provided with a 24 hour emergency number that is manned by the Company’s staff. If a replacement coach or accommodation is required, the Company will work with the Operator to secure this, however the Operator is ultimately responsible for this provision. Our first concern must be the safety and comfort of our Group and the early resumption of their journey. If a repair cannot be effected within two hours of breaking down the Operator shall supply a replacement coach to be provided within three hours of the breakdown or accident at the Operator’s expense. If these time scales have not been adhered to the Company reserves the right (but is not obliged) to arrange for a replacement coach. Accommodation may be arranged if a repair or replacement coach is not provided or sourced within a time scale acceptable to the Company. Any additional costs incurred will be paid for by the Operator.
Please note that continental breakdowns are very expensive and almost all breakdown services will require payment on the spot by cash, credit card, DKV card or similar. If you do not provide your drivers with a suitable facility the eventual cost is likely to be greater.
In the event of a breakdown, the Company will request information as to the cause and the Operator must provide such information promptly. Whilst we are sympathetic to chance occurrences, we will monitor Operator’s breakdown records and be alert for evidence of poor maintenance.
It is the responsibility of the Operator or his driver to notify the group of any delay or possible delay to any pick up time. We do not expect to receive phone calls from the group to say a coach is late and they have not been notified of any delay.
Passenger Details and Data Protection
The names and addresses and all other details of persons, bodies and organisations carried by the Operator on the Company’s behalf are the exclusive property of the Company. The Operator shall make no use whatsoever nor disclose any such names, addresses or other details about the Company or its customers to any third party. The Operator shall not solicit or accept business directly from a client of the Company.
Both parties will comply with all the applicable requirements of the General Data Protection Regulation ((EU) 2016/679) which is detailed in Annex 1 of this contract. This is in addition to, and does not relieve, remove or replace, a party’s obligations under the Data Protection Legislation.
Complaints by the Operator
Complaints concerning the Group or centre staff/facilities must be addressed in the first instance promptly to the centre manager or the Company duty number. If drivers still feel dissatisfied, they should then contact their depot, which should in turn pass on their grievance to the Company.
Any wilful damage caused by any member of a Group to the coach must be brought to the party leader’s attention and reported to the company whilst on tour. The driver must complete two identical signed declarations as to the condition of the coach interior noting any existing damage before departure. The driver must ensure a representative of the Group then inspects the condition of the coach interior and signs both declarations prior to departure. The driver must retain one copy declaration. The Company cannot assist the Operator to recover compensation if no such declarations have been signed and retained.
Complaints by the Client
The company occasionally receives complaints from client’s regarding the standard of service provided. by the operator. We recognise the right of the operator to respond to these complaints but the company requires a response within 7 days of receipt of the complaint. If a response is not received within this time frame the company will deduct an amount from the invoice that we feel is appropriate for a refund to the client.
Payment
The agreed fee will be met after presentation of invoice (and only after presentation of an invoice) to the Company after satisfactory completion of the trip. Company policy is to pay invoices on the last day of the month for trips returning by the end of the previous month. This is providing detailed invoices, including the tour reference, which are received two weeks prior to each payment date. The exact rate is that specified in the individual rate schedule document or pre agreed by the company in writing. The Company requires that the Operator provide separate invoices for each tour. The Company reserves the right to withhold the sum in question if a dispute exists regarding service provided by the Operator and to deduct any expenses the Company has incurred on behalf of the Operator.
Deficiencies in Agreed Service Levels
Under EC law the group has a claim on the Company if advertised facilities are not provided. In turn the Company has a claim on the Operator. In order to quantify this liability the Company (as a minimum) promises to compensate our group as follows and to deduct such compensation from the payment to the Operator where appropriate.
Deficiency Compensation
Use of a subcontracted operator without warning £1,000
No snow chains on ski coach or inability of driver to £300 plus any local coach hire costs fit them.
Appropriate winter tyres must be fitted for all
snow destinations.
Delay of up to 6 hours Refreshments, cost of any missed visits and attractions plus a suitable compensation for loss of holiday if appropriate.
Delay 6 to 10 hours A substantial meal and drinks, cost of any missed visits and attractions plus £7 per person for loss of holiday if appropriate.
Delay of 10 hours plus. Accommodation, meals, etc, cost of any missed visits and attractions as appropriate plus £12 per person per complete 12 hour period for loss of holiday enjoyment.
If the delay is as a result of breakdown or other factor within the Operator’s control (such as the failure to provide a feeder driver) the Operator will be liable. If the reason for the delay is beyond the Operator’s control (such as traffic or ferry delay) the Company or our insurers will meet the costs.
This compensation will be paid promptly to the group by the Company often while the group is still in resort. Experience shows that this reduces the level of dissatisfaction and hence reduces the eventual compensation cost to the Company and to the Operator.
Termination
The Company may immediately terminate this contract by written notice if the Operator:
The Company shall also be able to terminate this Contract immediately by written notice if in the absolute discretion of the Company:
Subject to there being no coach requisitions outstanding, the Operator may terminate this contract by giving at least one month’s notice in writing to the Company.
General
Any notice given under this contract must be in writing and sent by email to the main contact of the Operator concerned at its usual business email address. Notices will take effect immediately on sending of the email.
This contract together with any coach requisition, rate schedule and/or itinerary provided by the Company to the Operator contains the whole agreement between the parties and it supersedes any prior agreement between them. The parties confirm that they have not entered into this contract on the basis of any representation that is not expressly incorporated into this contract.
The Operator may not assign or subcontract its obligations under this contract without the prior written consent of the Company. The Company may assign or subcontract its obligations under this contract.
No waiver by the Company of any breach of this contract by the Operator shall be considered as a waiver of any subsequent breach of this contract.
The invalidity, illegality or unenforceability of any of the terms of this contract shall not affect the validity, legality or enforceability of the remaining terms of this contract.
None of the terms of this contract shall be enforceable by any person who is not a party to it.
This contract is governed by and interpreted in accordance with English law.
Signed: Name: Matthew Rogers
Position: Chief Executive Officer
Date: 1 October 2024 For: Sport Leisure Travel Limited
As the Coach Operator by accepting a request for a booking I declare that I have read and accept the conditions of this contract on pages 1 to 8 of this document, for the provision of coaches to Sport Leisure Travel Limited.
Annex 1
DEFINITIONS
Data Protection Legislation: (i) unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998.
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