Conditions of Sale

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Ben’s Bus Ltd Conditions of Sale

 

Last Updated: 29th September 2023

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 Geneva Airport, 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.

 

  1. Interpretation

 

1.1 Definitions

In these Ben’s Bus Conditions of Sale, the following words shall have the following meanings:-

“Additional Luggage” means any additional item to be transported in the hold of our Vehicles, purchased by You via our Website.

“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;

“Lost Property” means any items that do not belong to us and have been left (accidentally or otherwise) in our Vehicles. It does not include perishable items such as foodstuffs or hazardous items such as lighters, e-cigarettes or flammable substances which are disposed of immediately on discovery.

“Luggage” means any item (including Permitted Luggage and Additional Luggage) brought onto our Service by You or any passenger;

“Permitted Luggage” means the Luggage allowed to be brought onto our Service by You or any passenger, which is limited to the following amount per person:

– one large item, weighing no more than 30kgs, which can be placed in the hold of our Vehicles and

– one small item of hand luggage which will fit in the overhead luggage rack of our Vehicles. It should be noted that small “Wheelie Bags” that can be stored in the overhead luggage compartment of an airplane would not fit in the overhead luggage rack of our Vehicles.

“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 or have available to view on a device, 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”, “Your” 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.

 

 

  1. 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:

Any person 16 years of age or under will be considered a minor and must be accompanied by a responsible adult, aged 18 years or over. Parents or minders of minors are responsible for the conduct of these minors whilst in any Vehicle and will be held responsible for any damage caused by any minor under their care.

Ben’s Bus reserves the right to refuse to accept the passenger who is a minor on collection and indeed may ask any passenger for proof of age. Ben’s Bus accepts no liability for any costs or delays caused by Your failure to comply with these terms.

Children under 12 years of age at the time of travel may be eligible for a discount. Please see our Children’s page for details on this. Parents of children who are 12 years old or more but whose Ticket has been wrongfully bought as under 12 will be charged a full fare Ticket on the spot.

We do not provide booster seats. You are responsible for bringing a booster seat and for fitting the seat and satisfying Yourself that the seat is suitable for Your child needs and for the safety of your child whilst within the Vehicle.

 

GENEVA AIRPORT

Children under 4 years old.

For our Services into and out of Geneva Airport, We cannot transport any child under the age of 4 years old at the time of travelling. Parents who have bought a ticket for a child under 4 and the child themselves will both be refused entry and no refund will be given. Ben’s Bus accept no liability for any costs or delays caused by Your failure to comply with these terms.

Children aged between 4 years old and 11 years old

Children aged over 4 years old can travel on our Services, provided they can safely occupy a seat on their own.

 

GRENOBLE AIRPORT AND LYON AIRPORT

Children aged under 2 years

For our Services into and out of Grenoble Airport or Lyon Airport, 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.

Children aged between 2 years old and 11 years old

Any child over 2 years of age must, in accordance with law, occupy a seat and therefore purchase a Ticket.

 

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, You can log into Your booking via our Customer Portal page and make changes to your booking up to 13:00 GMT 2 days before your first Service. You will need the Lead Passenger email address that you submitted to us when you made Your booking and Your booking reference number to log into the Customer Portal. The fees for making changes are as follows:

(a) Changes made by You via our Customer Portal page to passenger names, mobile numbers and email addresses are free of charge.

(b) Changes made by You via our Customer Portal page to any other aspect of your booking not listed in 2.5 (a) are subject to availability. If you did not purchase Ben’s Bus Plus at the time of your booking, these changes are always subject to a £5 administration fee per person, plus any fare difference. If you purchased Ben’s Bus Plus at the time of your booking and you make these changes before 13:00 GMT 2 days before your first Service, the administration fees will be waived and we will only charge you the fare difference.

(c) If you need to Contact Us and request Us to make any changes for any reason whatsoever, we may charge you a £10pp administration fee per person plus any fare difference. Any changes will be subject to availability.

Any changes You make in the Portal are Your responsibility and We cannot be held responsible for any incorrect information submitted by You.

2.6 Ticket Refunds:

All requests to Ben’s Bus for cancellations and refunds must be made via our Cancellation page at the earliest opportunity. You will need the Lead Passenger email address that you submitted to us when you made Your booking and Your booking reference number to cancel your booking. Once you submit your cancellation request, Your booking will be deleted, and Your Ticket will become invalid. This process will be irreversible. Ben’s Bus will then only contact You should any refund be due in accordance with Clause 2.6(a) or Clause 2.6(b) as applicable.

If you did not purchase Ben’s Bus Plus at the time of booking, Clause 2.6 (a) shall apply to you.

If you did purchase Ben’s Bus Plus at the time of booking, Clause 2.6 (b) shall apply to you.

(a) If you did not purchase Ben’s Bus Plus and you cancel Your Ticket more than 3 weeks before the date of Your first Service, we will refund You the full amount of the Ticket price, less a £15 administration fee per person to cover our costs of cancelling the Journey. The date of Your first Service is defined as the date of Your first Service on your original booking. If you change your booking for a Service on a later date, We will refer to your original booking for the purposes of refunds. If You cancel Your Ticket less than 3 weeks before the date of Your first Service, You turn up at the wrong location, You miss Your incoming flight, or You are not on board the Vehicle at its departure time (as stated on Your Ticket), no refund (in whole or in part) will be given, except at the absolute discretion of the management.

(b) If you purchased Ben’s Bus Plus and you cancel Your Ticket before 22:00 GMT 4 days before Your first Service, we will refund You the full amount of the Ticket price. The cost of the upgrade to Ben’s Bus Plus will not be refunded. If You cancel Your Ticket after 22:00 GMT 4 days before Your first Service, You turn up at the wrong location, You miss Your incoming flight, or You are not on board the Vehicle at its departure time (as stated on Your Ticket), no refund (in whole or in part) will be given, except at the absolute discretion of the management.

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 not wait for you, except at the sole discretion of our representative at the airport and only if possible.

We will not be held responsible for any costs or losses You incur if you arrive on time for our Service but our Service departs late for whatever reason, including if we wait for other, late arriving passengers.

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 sole 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 sole discretion of our management.

 

 

  1. 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 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 must arrive at the boarding points at least 10 minutes before the scheduled departure time for that Service in order to ensure that your baggage is loaded onto the vehicle.

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.

 

 

  1. 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 or vape 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. We may also ask you to wear a face mask during the journey and in the area before boarding our Vehicle. You 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 €150 which is a genuine pre-estimate of the damage incurred. If the cost of the damage is considered to be greater than €150, 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 or omission of any other passenger on a Vehicle.

 

 

  1. The Service

 

5.1 It is our obligation to arrange to carry you, your Permitted Luggage and any purchased Additional 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 Service.

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 registered assistance dogs such as guide dogs accompanying registered blind persons, and hearing dogs accompanying deaf persons) on any of our Services. We may require you to provide evidence of registration and/or an assistance dog passport (if applicable).

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 (determined in Our sole discretion) 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 or that of our agents, suppliers or subcontractors that could not have been avoided even if all due care had been exercised or due to an event that we or our agents, suppliers or subcontractors could not (even with all due care) have foreseen or prevented. Circumstances outside our control shall include, without limitation: cancelled flights, epidemic or pandemic of any kind, 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 starting point of that Service 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 for a discontinued Service

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 us via our Contact Us page and we must have received this claim no later than 14 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 £2, 500.

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.

 

 

  1. Luggage restrictions

 

6.1 Permitted Luggage:

We shall have no obligation to arrange to carry Luggage in excess of the Permitted Luggage and any purchased Additional Luggage. We may agree to allow you to purchase Additional Luggage at the airport on in your resort only if there is room on the Vehicle and at the discretion of our representative or Vehicle driver.

6.2 Prohibited Contents:

(a) 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.

6.5 Valuables:

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. In the instance that you are asked to change Vehicles during Your Journey, You are responsible for ensuring Your Luggage is transferred successfully between these Vehicles. 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 Notification of loss or damage to Luggage:

If during any Journey We 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 also 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.

6.9 Damaged Luggage statement:

If your Luggage is damaged whilst using our Services, we may require you to print and sign a statement, detailing your name, address, details of the Luggage and details of their original value and age. You must provide a copy of this statement to us either (a) attached with your enquiry form or (b) by email via our Contact Us page within 10 days of reporting the damage. You accept that this document may be passed onto insurance companies on request. We may also ask for proof of purchase of the Luggage.

6.10 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 £2,500 for all such loss or damage.

6.11 Lost Property:

(a) Please see our Lost Property Page for details about how we deal with Lost Property enquiries for items of differing value and how we may repatriate these to you.

(b) You must hand over any Lost Property found on any Vehicle or at any stop to one of our representatives or the Vehicle driver immediately upon discovery.

(c) You must complete in full and submit the online Lost Property enquiry form as soon as you discover your items are missing. Once we receive your Lost Property enquiry, we’ll do our best to respond to it as soon as we can. We may respond to enquiries more quickly for higher value items, more urgent items or items that will have an impact on your holiday.

(d) Once you have filled out the enquiry form, depending on the option for return that you then choose, we will let you know via email whether any admin fees (and additional postage fees) are chargeable, and provide you with details for payment.

(e) If we cannot clearly identify an item as yours, we reserve the right to ask for proof that the item belongs to you. If we are not satisfied the item belongs to you, we may refuse to return it.

(f) We reserve the right to refuse any methods of return, up until the admin fee or any additional return fees are paid (where applicable). If one return option is not available or not possible, we may choose to offer you another option, at your cost.

(g) If You have not reported or collected Your Lost Property within 3 weeks of our finding it, we may dispose of Your Lost Property 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 Lost Property to You. You agree to pay any admin fees and the cost of such postage in advance. We shall be entitled to open and examine any Lost Property to ascertain if it contains any dangerous or perishable items and if so, we shall be entitled to immediately dispose of these items.

 

 

  1. General

 

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 are subject to the exclusive jurisdiction of the courts of London, England. If you are a resident in the United Kingdom but outside of England, then you can also bring claims against us in the courts of Wales, Scotland or Northern Ireland (depending on your residence).

7.3 Severability:

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:

Please see our Privacy Policy for details of what we do with 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.

7.8 Conflict:

These Ben’s Bus Conditions of Sale are in both English and other languages. In case of inconsistency, the English version is the original language and any other version is a translation for information purposes only. In case of conflict, the English version will prevail and will be the binding version for both parties.