Ben’s Bus Ltd Lyon Airport Conditions of Sale for Tour Operator Customers
These Lyon Airport Conditions of Sale for Tour Operator Customers 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 Lyon Airport and these conditions shall apply to each ticket issued via the Ben’s Bus Tour Operator Booking System by Ben’s Bus Ltd and each contract to arrange to carry any person entered into by Ben’s Bus Ltd. Any person who travels on a Ben’s Bus Ltd service shall be considered to have agreed to be carried on these Lyon Airport Conditions of Sale for Tour Operator Customers. All vehicles and drivers possess the necessary insurance, registration and licences. Ben’s Bus Ltd strongly recommends that all passengers take out comprehensive travel insurance.
In these Lyon Airport Conditions of Sale for Tour Operator Customers, the following words shall have the following meanings:-
“journey” means each journey you are entitled to make on a service as stated on your ticket;
“luggage” means any property, which you bring onto a vehicle;
“service” means any journey to be made by a vehicle arranged by us or provided on our behalf for the purpose of carrying persons and their luggage;
“ticket” means any ticket, including e-Tickets, issued by us from the email address firstname.lastname@example.org which evidences our agreement to arrange for the carriage of any person, including the services on which travel is permitted and the fare payable. 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.
In this Agreement, a reference to the singular shall include the plural and vice versa.
- Our Service
2.1 Our agreement to you:
We agree to procure a third party to carry you and your luggage on the journey stated on your ticket subject to these Lyon Airport Conditions of Sale for Tour Operator Customers.
2.2 Your ticket:
Your ticket is a record of our agreement to arrange for your carriage. If your ticket was purchased by someone else, you agree that such person purchased the ticket as your agent. 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:
We shall not arrange to carry any child under 14 years of age who is not accompanied by a responsible adult, aged 16 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 these children.
2.3(a) Any infant under 2 years of age may legally sit on the knee of an accompanying parent and so need not be in possession of a valid ticket. However, the name of the infant must be given to Ben’s Bus Ltd in advance of our service date.
Any child over 2 years of age must, in accordance with law, occupy a seat and therefore purchase a ticket. Children who have been booked as under 12 years of age have to be under 12 years of age 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.
Alternatively and pursuant to art. R 412-1 and R 412-2 of the French Highway Code and Directive 2003/20/CE of the European parliament and Council of 8 April 2003, parents may purchase a seat for their infant and the infant can be seated in a suitable baby seat in one of the front seats of our vehicles, provided these seats are available and are fitted with a 3 point seatbelt to ensure safe fitting of the baby seat. It is the responsibility of the parents of infants to supply an adequate baby seat, unless otherwise specifically arranged with our management prior to the journey.
The corresponding required legal information will be given or displayed by the bus company as it sees fit and under its own responsibility.
In the instance of a suitable seat not being available, the parents accept that the infant must sit on their knees. In such a case, Ben’s Bus will refund that portion of the ticket for the baby in full.
2.3(b) Any person who has been booked as a Young Person and has subsequently received a discounted fare, must be between the ages of 12 and 25 years of age at the time of travelling. Ben’s Bus reserves the right to check passports at Lyon airport. Any person who has wrongfully bought a Young Person ticket will be charged a full fare ticket on the spot and may be refused transport.
2.4 Ticket validity:
Your ticket permits you to travel solely on the services, and on the dates and times as stated on your e-ticket.
2.5 Ticket amendments
Please contact your Tour Operator for their Amendment Policy.
2.6 Tickets refunds
Please ask your Tour Operator for their refund policy.
2.7 Delayed Flights:
2.7 In the instance of the incoming flight you selected on our website being delayed or if you are delayed in recovering your baggage from Baggage Reclaim or if you are delayed at Customs & Border Control, or if you are delayed for any other reason, our service will not wait for you. Our service will depart without you and 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 Diverted Flights:
2.8(a) In the instance of an incoming flight you selected on our website being diverted to another airport, due to extreme weather conditions, technical faults on the aircraft or for any other reason whatsoever, we will not wait for you and our service will depart at the time stated on your ticket. It is your responsibility to make your own way to Lyon Airport from whichever airport your flight has been diverted to and we will not be liable to arrange or provide you with transport to Lyon Airport, or reimburse you any costs you may incur getting to Lyon Airport. If you miss our service as a result of you not being at Lyon Airport for the scheduled departure time of our service, we will not be liable for any refund or to arrange or provide alternative transport to the resort, or for any costs which you may incur as a result of missing our service.
2.9 Changes to flight details by an airline carrier:
We will not be liable for any refund or to arrange or provide alternative transport for you to the resort if your airline carrier changes the details of your flight, except at the absolute discretion of our management.
- Passenger responsibilities
3.1 You must check your e-ticket:
It is your responsibility to check the details of your journey on the Ben’s Bus e-Ticket
3.2 You must travel with a valid ticket:
(a)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. An invalid ticket will be deemed as one that is not for the service you are trying to board, or an illegible or defaced ticket. (b)We will not allow you to board a service if you do not have a valid ticket. If you do travel on any service without a valid ticket we will be entitled to force you to leave that service. (c) If we have reasonable grounds for believing a ticket to be fraudulent, we reserve the right to confiscate the ticket and stop you from travelling on our service. You shall not be entitled to a refund and we shall have no further obligations or liability to you.
3.3 You must make sure you know the location of your boarding point
(a) It is your responsibility to ensure you know the location of the boarding point at the resort before your service departs.
(b) We shall not be liable to you if you miss any service as a result of not knowing the location of the boarding point.
3.4 You should arrive at the boarding point at least 10 minutes before departure:
(a) You should arrive at our boarding points at least 10 minutes before the scheduled departure time for that boarding point, for that service
(b) We shall not be liable for any refund if you miss any service as a result of your late arrival at our boarding points, 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 our service.
3.5 Boarding and leaving a service:
You may not board or leave any service except at our designated stops.
3.6 Seat belts:
You agree to wear a seat belt at all times during the journey.
3.7 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.
- Passenger behaviour
4.1 Required behaviour and prohibited behaviour:
You shall 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; or conduct yourself in a way which may endanger yourself, the vehicle or any other person or property on board any vehicle; or obstruct any aisle or emergency exit; or behave in a manner which causes discomfort, inconvenience, damage or injury to other persons; or 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; or board any vehicle whilst under the influence of alcoholic drinks or drugs; or smoke on board our vehicles; or board any vehicle whilst you are seriously ill or suffering from any serious contagious illness.
4.2 Consequences of bad behaviour:
If you fail to comply with any of the behaviour rules in Clause 4.1, we shall be entitled to 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.
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 €50 which is a genuine pre-estimate of the damage incurred. If the cost of the damage is considered to be greater than €50, 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.
- Ben’s Bus Ltd responsibilities
5.1 Our obligation to carry you:
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 Lyon Airport Conditions of Sale for Tour Operator Customers. We will make every reasonable effort to arrange to carry you with the minimum discomfort and inconvenience.
5.2 From time to time we may require some passengers to change buses at Moutiers, Bourg Saint Maurice or Tignes Les Brevieres. We will endeavour to keep this inconvenience to a minimum.
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.
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 5.7 below, to offer a full refund.
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 allow you to claim a refund of 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, which you shall not unreasonably refuse.
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 20 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 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.
5.10 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.
- Luggage restrictions
6.1 Permitted Luggage:
We will arrange to carry your luggage on and subject to these Lyon Airport Conditions of Sale for Tour Operator Customers. On each of our services, we will allow you to take one suitcase, holdall, or rucksack (no more than 20kg per item), one ski or snowboard bag and one small piece of hand luggage. Hand luggage is defined as something that is capable of fitting in an overhead luggage rack. 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:
(a) Prohibited luggage: We are not obliged to accept any of the following items of luggage, and you may not bring them onto any vehicle or leave them at any baggage store without our express permission: any weapons, 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.
(b) If you take any of these items 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 item(s) for any reason whatsoever.
6.3 Inspection of luggage:
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.
Small valuable items such as money, medication, jewellery, laptop computers, personal electronic devices, important documents, passports, visas and tickets should be kept in your hand luggage 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 must also look after 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 and 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.
6.8.1 We may dispose of 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. 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 by emailing email@example.com. 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 Baggage stores:
You will leave your baggage at our baggage stores 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, whether for breach of contract, breach of any duty of care in relation to the luggage, 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. You should insure your luggage with reputable insurers against all usual and normal risks of loss or damage, to the full replacement value of the luggage.
- Refunds and Reschedules
7.1 What refunds and reschedules are allowed:
All refunds and reschedules are subject to Clause 2.5 and 2.6 above.
7.2 Refunds and reschedules for delay or cancellation of service:
If the vehicle you were booked to travel on is delayed or cancelled without notice or there are insufficient seats and as a consequence you reasonably decide not to travel, you may claim a refund or reschedule.
7.3 Claiming a refund:
In any case where we are obliged to provide a refund for discontinued services, we will only be obliged to give you that refund on the following conditions:
(a) You must make your claim for a refund yourself and if asked you must 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 your Tour Operator office and the Ben’s Bus office at firstname.lastname@example.org and we must have received this claim no later than 21 days after the date of the cancelled service
(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.
8.1 Governing Law:
Your ticket, the contract with us to arrange to carry you, and any carriage we provide to you shall be governed by English law, and the English courts shall have exclusive jurisdiction.
Each of the provisions of these Lyon Airport Conditions of Sale for Tour Operator Customers shall be separate and severable. Should any provision be invalid or unenforceable, it shall be severed from these Lyon Airport Conditions of Sale for Tour Operator Customers, and the remaining provisions of these Lyon Airport Conditions of Sale for Tour Operator Customers 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.
8.3 Your personal data:
8.4 Your information will be kept on our company database for a period of 2 years. You have the right to access information held about you. Your right of access can be exercised in accordance with the Data Protection Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
8.5 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 Lyon Airport Conditions of Sale for Tour Operator Customers.
8.6 Third Party Rights:
Unless otherwise stated in these Lyon Airport Conditions of Sale for Tour Operator Customers, no person other than you and us shall have the benefit of or be entitled to rely upon or enforce any term of these Lyon Airport Conditions of Sale for Tour Operator Customers or any other term of the contract to carry you and the Contracts (Rights of Third Parties) Act 1999 shall not apply.