Terms and Conditions

  1. Application

1.1 These terms and conditions are applicable to all enquiries made to TMS from a quote to a confirmed booking.
1.2 The hirer is responsible for the booking and for all actions and decisions of all the passengers on board including any additional costs incurred by TMS performing the contract.
1.3 TMS will act on the instruction of the booker only, or someone with the relevant job number. The booker should therefore supply TMS with all information related to the booking.
1.4 The hirer is deemed to have accepted these terms and conditions on booking and payment of the deposit.
 

  1. Quotations

2.1. Quotations are given based on the express instructions from the hirer.
2.2. The route used will be at the discretion of TMS unless it has been particularly specified by the hirer, in which case it will be clearly shown on the confirmation.
2.3. Quotations do not have an expiration however they can be subject to change if a significant time has passed.
2.4. A quote will no longer be valid and will be subject to a re-quote if there are any changes to the requirements such as:

2.4.1. Information added
2.4.2. Journey amended
2.4.3. Distance altered
2.4.4. Size of vehicle altered
2.4.5. Additional pickups/ drop offs added

 

  1. Use of the Vehicle

3.1. The vehicle will not be available for the hirers use between the outward and return journeys.
3.2. It will not remain at the destination for the hirer’s use unless this has been agreed.
 

  1. Route and Time Variation

4.1. TMS reserves the right to levy additional charges for additional mileage or timing to that agreed.
4.2. TMS will suggest a pickup time in order to reach the destination at a particular time.
4.3. TMS will hold no liability or responsibility for late arrivals if the hirer chooses to change the pickup time and subsequently does not have sufficient time to reach their destination.
4.4. If the hirer and its passengers are late for either pickup they may be liable for waiting time charges.
4.5. The hirer must inform TMS at the time of booking, or as soon as they become aware, of any accessibility issues, roadworks or anything else that may affect the route.
4.6. The driver has no additional duties other than those expressly stated in the booking confirmation. There should be no requests for additional pickups and drop offs as these will not be accommodated unless prior agreement and payment with TMS.
 

  1. Breakdowns and Delays

5.1. In the event of a breakdown or a vehicle failing to turn up TMS will provide a backup vehicle to complete your journey.
5.2. Where unexpected traffic congestion or road closures occur TMS will not be liable for any loss or inconvenience occurred.
5.3. If the hirer fails to inform TMS of any accessibility issues, roadworks or other issues affecting the route that the hirer is reasonably expected to be aware of TMS will not be liable for any delays due to these.
5.4. Timings for the journeys should be made to account for any reasonable, unexpected delays that may occur.
5.5. Long journeys of over 2.5 hours will have a short comfort break accounted for in the timing of the journey.
5.6. If you wish to have a comfort break but have not requested one at the point of quotation and booking you will risk delays at your own liability.
 

  1. Seating Capacity

6.1. TMS will agree the vehicle size with the hirer at booking.
6.2. The hirer must not load the vehicle beyond this capacity.
6.3. A standard sized car will fit a maximum of two large suitcases and 2 small holdalls.
 

  1. Prohibited Items

7.1. No animals will be allowed in the vehicle [with the exception of assistance dogs which TMS must be notified of prior to the journey]
7.2. No weapons of any kind must be carried on the vehicle, including but not limited to: 

7.2.1. Knifes
7.2.2. Firearms
7.2.3. Explosives [e.g. fireworks]

7.3. Excessive, oversized baggage
 

  1. Confirmation

8.1. Written confirmation is the acknowledgement of a hiring or a subsequent alteration to its requirements
8.2. The hirer must sign and return the confirmation [where the hirer is a direct, uncontracted booker]
8.3. The booking is not confirmed until a signed confirmation has been returned.
 

  1. Payment

9.1. A deposit must be made of either;

9.1.1.£25 per journey or;  
9.1.2. 10% if the journey is over £250.

9.2. The remaining balance should be paid no later than 14 clear days before the journey runs.
9.3. TMS is entitled to the following remedies where any payment is late;

9.3.1. Cancel the booking without returning the deposit
9.3.2. Add interest at the rate of 4% per annum above the base rate of The Royal Bank of Scotland, calculated on a daily basis from when payment was due. 

9.4. Payment can be made by the following methods:

9.4.1. BACs (bankers automated clearing system) Transfer
9.4.2. Debit or Credit Card (Credit Card carries a 2.5% charge)
9.4.3. Personal cheque, providing the cheque is in our possession (not in the post) on the 14th day before journey.

9.5. TMS has the right to alter and refuse certain payment methods at any time.
9.6. If a Personal Cheque does not clear in TMS account an extension will not be given and the above remedies for TMS will be available.
 

  1. Cancellation by Hirer

10.1. If the hirer wishes to cancel the transport, the following scale of charges will apply in relation to the total hire charge:

10.1.1. 3-5 Day before – 25% of hire
10.1.2. 1-2 Days before – 50% of hire
10.1.3. On the day – 100% of hire

10.2. Deposits will not be refunded.
 

  1. Refunds

11.1. Where appropriate, refunds will be processed onto the card that payment was made from.
11.2. Refunds can take up to 5 working days to appear in your account.
11.3. Refunds will not always be applicable as outlined in section 10.
 

  1. Force Majeure

12.1. In the event of any severe emergency, include war, riots, fire, flood, hurricane, typhoon, earthquake, lightning, explosion, strikes, lockouts, slowdowns, prolonged shortage of energy supplies, and acts of governmental action or any other event prohibiting or impeding any party from performing its respective obligations under the contract then TMS will have no liability for failure to perform its actions.
12.2. TMS will return the customer all money for unperformed services due to the above events. TMS will not be liable for sourcing alternative travel.
 

  1. Vehicles Provided

13.1. TMS reserves the right to provide large vehicles at no extra charge on the journey.
13.2. If more passengers are added on the journey an additional charge may be added.
13.3. TMS reserves the right to change and substitute a vehicle.
13.4. TMS will always provide a vehicle to the specifications agreed on booking.
 

  1. Package Travel

14.1. Where the hirer organises the transport as part of a Package Travel, Package Holidays and Package Tour then they will be required to comply with Package Tours Regulations 1992.
14.2. The hirer is expected to be aware of and comply will all aspects of these regulations as TMS holds no responsibility or liability for breaches of these regulations.
 

  1. Passenger’s Property

15.1. All luggage is the responsibility of the hirers. TMS will not be liable for loss or damage to luggage unless such damage was caused by the driver’s negligence.
15.2. The hirer is responsible for getting the luggage in and out of the vehicle. The driver is under no obligation to assist although they may do.
15.3. The amount of luggage that TMS can fit in the vehicle does no way coincide with the amount your airline, cruise line etc. may allow.
15.4. A standard car will fit 2 large and 2 small suitcases:

15.4.1. Small cases – 10kg, 54 x 37 x 20cm
15.4.2. Large cases – 23kg, 78 x 50 x 32cm
15.4.3. Both dimensions include wheels and handles  

15.5. You must inform TMS at the earliest possible time if you have any extra luggage on top of this amount.
15.6. If you have not informed TMS before your departure TMS will have no liability for any luggage that will not fit.
15.7. Luggage must not be stored in the same area as where passengers sit.
15.8. Luggage must not be placed on seats or in footwells, it must be in the boot only.
15.9. You must inform TMS if you plan to return with more luggage than what you took on your outbound journey.
15.10. TMS will not be responsible for any items left in the vehicle.
 

  1. Conduct of Passengers

16.1. The driver is responsible for the safety of the vehicles at all times and as such may remove any passengers whose behaviour is deemed to be causing a risk.
16.2. Passengers must at all times act in a polite, respectful manner.
16.3. Any hate crime whatsoever, including but not limited to sexism and racism will strictly not be tolerated.
16.4. If it is reported of the above occurring the driver will be under no obligation to continue the journey.
16.5. The hirer will be liable for any damage they may cause to the vehicle.
 

  1. Liability for Injury

17.1. TMS will not accept any liability for damage, injury or loss for any passenger that behaves in a negligent way e.g. standing up in their seats or unbuckling seatbelts whilst the vehicle is in motion.
 

  1. Feedback

18.1. All feedback is encouraged whether negative or positive.
18.2. Complaints must be sent within 5 days of the completion of the journey [or 5 days of your return] where reasonable.
18.3. Complaints must be sent in written format either to:

18.3.1. customerfeedback@cmacgroup.co.uk or;
18.3.2. Suite 1, The Globe Centre, St James Square, Accrington, BB5 0RE

18.4. TMS will acknowledge all complaints within 14 days and will normally reply fully within 28 days.
 

  1. Notices

19.1. No poster, banner or notice is to be displayed on any vehicle without the written consent of TMS.
 

  1. Refreshments and Alcoholic Drinks

20.1. Food and drink [including alcoholic beverages] may not be consumed in the vehicle without prior written consent from TMS.
 

  1. Surcharges

21.1. Up to 7 days before the journey TMS reserves the right to pass on the increase in costs of fuel, taxes, currency change, road tolls and any other cost that will have an adverse effect on the cost of performance of the services.
21.2. These will be limited to reasonable cost increases where there is a substantial change.
 

  1. Waiting Times

22.1. In the event of a delay, where reasonable, the hirer should inform TMS at the earliest possible time.
22.2. There will be an additional charge for excessive waiting time.

If there has been no contact within an hour of the expected departure time the vehicle will be stood down and you will bear the costs of an additional vehicle after this time.