BEN’S BUS LTD CONDITIONS OF SALE
These Ben’s Bus Conditions of Sale are the conditions on which Ben’s Bus Ltd arranges to carry any person and their property on any Ben’s Bus service either to or from Grenoble Airport or Lyon Airport. Any person who books onto a Ben’s Bus Ltd service must have agreed to these Ben’s Bus Conditions of Sale.
In these Ben’s Bus Conditions of Sale, the following words shall have the following meanings:-
“Fare” means the price of the Ticket charged to You by Us;
“Journey” means each Journey You are entitled to make on a Service as stated on Your Ticket;
“Luggage” means one bag, suitcase, holdall or backpack weighing no more than 23kgs per item, prams, one item of ski equipment per person and one item of hand luggage which will fit in the overhead luggage rack;
“Service” means any Journey to be made by a Vehicle arranged by us or provided on our behalf;
“Ticket” means any Ticket, including e-Tickets. In the case of an e-Ticket it is the copy which You print Yourself after making a booking on our website;
“Vehicle” means the coach, bus, taxi or any other road Vehicle provided through us;
“we”, “us” and “our” refers to Ben’s Bus Ltd a company registered in England and Wales, with registered number 05961403, whose registered office is Garden Flat, 70 Fairhazel Gardens, London NW6 3SR; and
“You” means the person who we have agreed to arrange to carry, being the person who purchased a Ticket or for whom a Ticket was purchased, or any person who travels on a Service with or without a Ticket.
2. Our Service
2.1 In consideration of the payment of the Fare and Your compliance with the material terms of this agreement (including but not limited to compliance with our acceptable behaviour policy set out at clause 4), we will provide the Service, in accordance with these Ben’s Bus Conditions of Sale.
2.2 Your Ticket:
Your Ticket is a record of our agreement to arrange for Your carriage. You must keep Your Ticket on you at all times during Your Journey, as You may be asked for it when entering or exiting the Vehicle. A Ticket may only be used by the person(s) named on it and is not transferable.
2.3 Carriage of children and young persons:
Any child under 14 years of age must be accompanied by a responsible adult, aged 18 years or over. Parents or minders of children under 14 years of age are responsible for the conduct of these children whilst in any Vehicle, and will be held responsible for any damage caused by any child under their care.
Please see our children’s page regarding the carriage of infants under 2 years’ of age, which sets out our policy in relation to the use of the Service by children and infants.
Any child over 2 years of age must, in accordance with law, occupy a seat and therefore purchase a Ticket. Children’s tickets are for children 11 and under at the time of travelling. Parents of children whose Ticket has been wrongfully bought as under 12 will be charged a full fare Ticket on the spot.
2.4 Ticket validity:
Your Ticket permits You to travel solely on the Service(s), and on the dates and times specified.
2.5 Ticket amendments:
Once a Ticket has been purchased, no amendments will be allowed to be made except at the absolute discretion of our management. Any changes made by our management will be subject to a £10 administration fee per person and must be made in writing by email via our Contact Us page at the earliest opportunity.
2.6 Ticket Refunds:
All requests for refunds must be made in writing by email via our Contact Us page at the earliest opportunity. If You cancel Your Ticket more than 2 weeks before the date of Your first Service, we will refund You the full amount of the Ticket price, less a £10 administration fee per person to cover our costs of cancelling the Journey. If You cancel Your Ticket less than 2 weeks before the date of Your first Service, You fail to turn up in time for Your Service, You turn up at the wrong location, You miss Your incoming flight, or You are not on board the Vehicle within fifteen (15) minutes of its departure time from the airport (as stated on Your Ticket), no refund will be given, except at the absolute discretion of the management. Any refund given at the discretion of the management will be subject to a £10 administration fee per person.
2.7 Departure time of Services from the airport
To run an effective service for all of our customers, where possible our Vehicles need to run on time. If you are late for our Service departing the airport for any reason, regardless of whether it is outside of your control (for example your incoming flight is delayed, diverted or cancelled, or you are held up at Border Control, Customs or baggage reclaim), our Service will wait for you only if you are able to board our bus within fifteen (15) minutes of our departure time as stated on your Ticket. After 15 minutes our Service will depart without You.
In certain circumstances, we may, at our sole discretion extend the time our Service will wait for Your arrival.
We will not be liable for any refund or to arrange or provide alternative transport for You to the resort, or for any costs which You may incur as a result of missing our Service. If You miss Your Service and there is space on the next Service, we may allow You to travel on this Service, at the discretion of our representative at the airport.
2.8 Changes to flight details by an airline carrier:
If Your flight details change and you are no longer able to arrive for the Service on time You may be able to amend or cancel Your booking in accordance with clauses 2.5 and 2.6. Any other refunds or alternative travel arrangements are at the discretion of our management.
3. Passenger responsibilities
3.1 Payment of the Fare
You must pay the full Fare at the time of booking. Upon payment of the Fare, a Ticket will be generated by us and sent either to the email address You selected at the time of booking. At this point a contract for the carriage of the person listed on the Ticket for the Journey will occur.
3.2 You must check Your e-Ticket:
It is Your responsibility to check the details of Your Journey on the “Review Booking” screen of our website before You purchase the Ticket and to check the details on the Ticket. If You do not receive Your Ticket within 30 minutes of booking, You must Contact Us at the earliest opportunity. Any amendment to Your Ticket must be made in accordance with clause 2.5.
3.3 You must travel with a valid Ticket:
You must travel with a valid Ticket when travelling on all our Services, and You must present it to any of our representatives upon demand. We will not allow You to board a Service if You do not have a valid Ticket. If You do try to travel on any Service without a valid Ticket we may either require You to buy a full Fare Ticket or leave the Service. You shall not be entitled to a refund and we shall have no further obligations or liability to You if You attempt to travel on an invalid or fraudulent Ticket.
3.4 You must make sure You know the location of Your boarding point
It is Your responsibility to ensure You know the location of the boarding point at the resort before Your Service departs and we shall not be liable to You if You miss any Service as a result of not knowing the location of the boarding point.
You should arrive at the boarding points at least 10 minutes before the scheduled departure time for that Service
We shall not be liable for any refund if You miss a Service as a result of Your late arrival at the boarding point, and we shall not be obliged to wait for You or to arrange or provide alternative transport to the airport, or for any costs which You may incur as a result of missing the Service.
3.5 Breach of conditions applicable to Your Ticket:
If You fail in a material respect to comply with any condition that governs Your Ticket, we may cancel the Ticket, and refuse to arrange You further carriage, without any obligation to refund the fare or any other liability to You.
4. Passenger behaviour
4.1 Required behaviour and prohibited behaviour:
You confirm that You will behave in a reasonable, sensible and lawful manner on all our Services. You shall comply with any reasonable request from a member of our staff and treat our members of staff, drivers and other passengers with respect. You shall not: act in an abusive or threatening manner; conduct yourself in a way which may endanger Yourself, the Vehicle or any other person or property on board any Vehicle; obstruct any aisle or emergency exit; behave in a manner which causes discomfort, inconvenience, damage or injury to other persons; take onto any Vehicle any alcoholic drinks or drugs (other than medicines) or hot food for the purpose of consuming them, or consume them on any Vehicle; board any Vehicle whilst under the influence of alcoholic drinks or drugs; smoke on board our Vehicles; board any Vehicle whilst You are seriously ill or suffering from any serious contagious illness.
You must wear a seat belt at all times during the Journey and are not permitted to board or leave a Vehicle during the Journey except at a designated stop.
4.2 Consequences of bad behaviour:
If You fail to comply with any of the behaviour rules in Clause 4.1, we may remove You from the Vehicle, refuse to arrange You further carriage, cancel Your Ticket without refund, and take any further measures necessary to prevent continuation of such conduct. This may include You being unable to continue Your journey on our Vehicles.
4.3 Financial reimbursement for damage(s) to Vehicle.
In the instance of You causing damage to a Vehicle, or soiling the interior of a Vehicle, either by deliberate acts or by accident, You will be liable to pay a fee of €100 which is a genuine pre-estimate of the damage incurred. If the cost of the damage is considered to be greater than €100, the matter will be referred to our management and may result in legal proceedings.
4.4 Our liability for behaviour of other passengers:
Whilst we will use our reasonable efforts to control the behaviour of other passengers on a Vehicle, we will not be liable to You for any act of any other passenger on a Vehicle.
5. The Service
5.1 It is our obligation to arrange to carry you and your permitted luggage on the journeys stated on your ticket, on and subject to these Conditions of Sale. We will make every reasonable effort to arrange to carry you with the minimum discomfort and inconvenience. From time to time, we may require some passengers to change buses en-route. We will endeavour to keep this inconvenience to a minimum.
5.2 In order to run a timely and safe Service, we may cancel or amend the location of our boarding points in anticipation of high volumes of traffic or severe weather. We will attempt to contact You at the email address and / or by text message at the phone number provided at the time of booking with any changes. Please check Your emails and Your phone the day before and day of your transfer.
5.3 Running times:
The published running times of any Service are approximate and we will use reasonable endeavours to ensure these times are honoured. In the event that our Services are delayed or cancelled we will notify You of the delay as soon as is reasonably practicable. Any cancellations are dealt with at clauses 5.5 and 5.6 below.
5.4 We will not carry animals:
We will not carry any animals (other than guide dogs accompanying registered blind persons, and hearing dogs accompanying deaf persons) on any of our Services.
5.5 Our right to cancel:
We reserve the right to alter any timetables or suspend, cancel or withdraw Services, at short notice, whether before or after You have reserved a seat on the Service and subject to clause 5.6 below.
5.6 Our liability for cancellations:
(a) If we cancel or withdraw a Service and You have not booked a seat on it, we shall have no liability to You for such cancellation or withdrawal of the Service.
(b) Cancellation before Service has begun: If we cancel or withdraw a Service before it has commenced, other than for a reason outside our control, our liability to You will be, at our discretion, to either:
(i) arrange to carry You on another one of our Services with available seats; or
(ii) make suitable alternative arrangements to carry You to Your destination on another Vehicle, or other mode of transport; or
(iii) cancel the Ticket, and refund You the full amount of the fare if no portion of the Ticket has been used, or 50% of the fare if the outward part of a return Ticket has been used.
(c) Cancellation after Service has begun: If a Service on which You are travelling commences and is terminated before reaching Your destination, other than for a reason beyond our control, our liability will be to make suitable alternative arrangements to carry You to Your destination, such as another Service, carrier, coach, train, private car, or taxi. If you unreasonably refuse suitable alternative arrangements, we have no further liability to you.
5.7 We have no liability for circumstances beyond our control:
We shall have no liability for any delay or failure to arrange to carry You, or for breach of contract, where caused by a circumstance beyond our reasonable control. Circumstances outside our control shall include, without limitation: cancelled flights, war or threat of war, mechanical breakdown, accidents causing delays on our Service route, other unforeseen traffic delays, riot, demonstration or any other local disturbance, exceptional severe weather conditions, fire and/or damage at an airport or in resort, compliance with requests of the police, customs or other government officials and security Services, vandalism and terrorism, strike/industrial action, problems caused by other customers, bankruptcy, insolvency or cessation of trade of any carrier used by us and other circumstances affecting passenger safety.
5.8 We will make every reasonable effort to ensure You arrive at the airport in time for Your flight. If You miss Your flight as a result of our Service leaving the resort more than 30 minutes late, except as a result of circumstances described in Clause 5.7, we shall offer to pay for Your repatriation, the cost of an overnight stay in France, if required, and any transport to and from the airport to the hotel in France.
5.9 Claiming a Refund
In any case where we are obliged to provide a refund for discontinued Services, You must:
(a) provide reasonable proof of Your identity and purchase. If You have a Ticket that covers more than one person, You must specify which passengers You are claiming a refund for;
(b) You must email our office via our Contact Us page and we must have received this claim no later than 21 days after the date of the cancelled Service; and
(c) if we give You a refund, then Your Ticket will be cancelled, and we shall have no further obligation to carry You under that Ticket.
5.10 Our maximum liability to You:
We will provide the Service with reasonable care and skill. Our maximum liability to You for any reasonable and foreseeable loss, damage or liability which You may suffer or incur as a result of our breach of our contract to arrange to carry You, our negligence in connection with arranging to carry You, or the deliberate or negligent acts or omissions of any of our employees or representatives or sub-contractors, shall be limited to £5, 000.
5.11 Death and Personal Injury:
We do not exclude or limit our liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation nor, where You deal as a consumer, exclude Your statutory rights.
6. Luggage restrictions
6.1 Permitted Luggage:
We shall have no obligation to arrange to carry Luggage in excess of the permitted amount and/or weight. We may agree to arrange to carry additional Luggage only if there is room on the Vehicle and at the discretion of our representative or Vehicle driver. If we agree to arrange to carry any excess Luggage on any Journey this does not mean that we have agreed to arrange to carry that Luggage on any subsequent Journey You may make.
6.2 Prohibited Contents:
You may not bring any of the following items onto any Vehicle or leave them at any baggage store without our express permission: any weapons, hot food or hot drinks, any alcoholic drinks, drugs or solvents (other than medicines), live or dead animals, non-folding wheelchairs, pushchairs or bicycles, or any objects which in our opinion may cause injury or damage to property, such as objects with sharp or protruding edges (Prohibited Contents).
(b) If You take any Prohibited Contents onto any Vehicle, we may immediately remove them from the Vehicle, wherever it may be situated. If You are uncertain as to whether we will accept any particular item, You should obtain our written consent before booking Your Ticket. We shall not be liable for any loss or damage to any Prohibited Contents for any reason whatsoever.
6.3 Inspection of Luggage:
If in our reasonable opinion we consider or suspect your Luggage does not comply with these terms, we shall be entitled to inspect Your Luggage for the purpose of ensuring compliance with the above requirements. We shall not be obliged to accept You or Your Luggage, and shall be entitled to remove You and/or Your Luggage from any Vehicle, if You refuse a search.
6.4 Packing and labelling of Luggage:
You must pack all of Your Luggage safely and securely, with a view to protecting Your Luggage from loss, damage or interference, and to protecting any other property on a Vehicle from being damaged by Your Luggage. All Luggage carried on any Vehicle should be clearly labelled and include a contact telephone number. We will not be obliged to accept any Luggage that has not been properly packed or labelled. We will not provide luggage labels at our boarding points.
Small valuable items such as money, medication, jewellery, laptop computers, personal electronic devices, important documents, passports, visas and Tickets should be kept in Your personal possession at all times. We shall not be liable for any loss or damage to any valuables stored in the hold of a Vehicle, for any reason whatsoever.
6.6 Loading the Luggage:
You are responsible for getting Your Luggage onto and off a Vehicle. Except for any Luggage stored in the hold of a Vehicle, You are responsible for Your Luggage at all times.
6.7 Storage of Luggage:
All Luggage other than hand Luggage will be stored in the hold or other storage compartment on the Vehicle, and not in the passenger compartment of the Vehicle.
6.8 Left Luggage
If You forget any Luggage or leave it on a Vehicle we shall take reasonable care of that Luggage. We will store it at a location decided by us, but all such storage will be at Your risk. We may charge You a small administration fee for the storage of Your Luggage. We will not pay any costs for the return of Your Luggage.
If You have not collected Your lost Luggage within 1 month of our finding it, we may dispose of Your Luggage in any manner we wish, or if it is correctly labelled with a postal address or contact number, we may agree to arrange to forward your Luggage to You. You agree to pay the cost of such postage in advance. We shall be entitled to open and examine any left or lost Luggage to ascertain if the Luggage contains any dangerous or perishable items and if so, we shall be entitled to immediately dispose of these items.
6.8.2 You must hand over any Luggage found on any Vehicle or at any stop to one of our representatives or the Vehicle driver immediately upon discovery.
6.9 Notification of loss or damage:
If during any Journey You should lose any of Your Luggage or any of Your Luggage is damaged You must notify the Vehicle driver or a Ben’s Bus representative as soon as possible after You discover the loss or damage. You must confirm any loss or damage of Your Luggage within 24 hours after the end of Your Journey via our Contact Us page. If You do not notify us of any loss or damage to Your Luggage as required, then we will not be liable for that loss or damage.
6.10 Our Luggage stores:
If you wish to leave Your Luggage at our Luggage stores it is entirely at Your own risk. Neither us nor any third party agent we will use to supply You storage space will accept any liability for any loss, damage or interference to Your Luggage.
6.11 Our liability for loss or damage to Luggage:
Your Luggage shall be at Your risk at all times, and we will only be liable for any loss of or damage to Your Luggage caused by our negligence. Our maximum liability to you for any loss of or damage to your luggage, due to our negligence, or any deliberate or negligent acts of any of our drivers or representatives, shall be limited to £5, 000 for all such loss or damage.
7.1 Travel Insurance:
We ensure that all Vehicles and drivers possess the necessary insurance, registration and licences. However, we are only providing a travel service. We recommend You take comprehensive travel insurance out for your trip.
7.2 Governing Law and jurisdiction:
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in another country that is a member of the European Union you can bring legal proceedings in respect of the Service in either your National Court or the English courts.
Each of the provisions of these Ben’s Bus Conditions of Sale shall be separate and severable. Should any provision be invalid or unenforceable, it shall be severed from these Ben’s Bus Conditions of Sale, and the remaining provisions of these Ben’s Bus Conditions of Sale shall continue in full force and effect and be amended as far as possible to give valid effect to the intentions of the parties under the severed provision.
7.4 Your personal data:
7.5 Amendments and waivers:
None of our employees or representatives, or drivers of parties contracted by us, has authority to modify or waive any provision of these Ben’s Bus Conditions of Sale.
7.6 Third Party Rights:
Unless otherwise stated in these Ben’s Bus Conditions of Sale, no person other than You and us shall have the benefit of or be entitled to rely upon or enforce any term of these Ben’s Bus Conditions of Sale or any other term of the contract to carry You and the Contracts (Rights of Third Parties) Act 1999 shall not apply.
7.7 Bookings via Tour Operators:
If you have booked onto one of our Services through a Tour Operator, please see the terms and conditions that your Tour Operator has provided you with, as these terms and conditions govern the use of our Services. This means that unfortunately we are unable to assist with any queries you may have regarding your booking, any refund requests or cancellations. If you have any questions at all, please contact your Tour Operator directly