ABC Nightliners

Terms and Conditions of Carriage

We are only licensed and insured to carry a limited number of passengers (including babies) while moving. This limit may not be exceeded in any circumstances. The number of passengers to be carried (babies count as passengers for this purpose) should be listed in the booking request and you must notify us of any changes you may wish to make to that number at any time. In certain jurisdictions it is a legal requirement that children must wear seatbelts at all times when travelling and as our vehicles do not usually have seatbelts, we will not be able to carry children in such cases.

We reserve the right to increase the fuel element of our charges at any time should the price of fuel to us increase by 8% or more from that prevailing at the time the booking is confirmed, any such increase in our charges to be commensurate with any such fuel price increase to ourselves and to cover any period during which we have to pay increased prices to our fuel supplier.

ABC Nightliners cannot be held responsible for loss or damage to personal possessions or other property except where caused by negligence of the company or its servants. We cannot be held responsible for the theft of such items, which occurs due to the negligence of any of the passengers, for example, failure by passengers to lock the coach doors when they have been provided with a key. We recommend you take out suitable insurance to cover all travel contingencies including failure to complete any part of the journey for any reason. EU residents should carry an EHIC card (European Health Insurance Card) application forms available from Post Offices. If property is left on a vehicle at the end of the tour, reasonable steps will be taken to ensure that the property is made available collection by the owner of the owner's agent.

Items travelling in our trailer or in the vehicle storage area are not considered hand luggage and are not insured by ourselves and unless they are damaged by ourselves we cannot accept responsibility for their loss or damage. You will need to obtain suitable insurance for these items.

ABC Nightliners cannot be held responsible for any of the following losses however caused and related costs and expenses arising out of any contract between us: pure economic loss, loss of profit;, loss of business;, loss of reputation; or loss due to force majeure event including, without limitation, missing travel connections and missing or arriving late for events.

We will not be responsible for any failure to perform the contract in whole or in part by reason of accident, fire, traffic congestion, extreme weather, strikes or any other cause outside our reasonable control (a "force majeure event"), though every effort will be made to maintain the service contracted for.

Passengers are carried under the appropriate law or convention of the country(ies) concerned. If delays are caused we will make all reasonable efforts to make time, within the law, and as common sense dictates. Please see the note below regarding our responsibilities. Nothing in these Conditions excludes or limits our liability for death or personal injury caused by our negligence.

Save as otherwise provided our entire liability to you under or in connection with any contract formed under these Conditions will not in any event exceed the total contract price. Any losses claimed will be assessed separately in relation to each day during which the losses are claimed to have occurred and according to the rates payable for each such day so that our liability in respect of each day shall not exceed the total charge payable for that day. In the case of a contract for several vehicles, losses claimed will be assessed separately in relation to each vehicle and our liability in respect of each such vehicle will not exceed the total contract price payable in relation to such vehicle.

In the unlikely event of any passenger being persistently abusive or causing damage to the vehicle, we will require such person(s) to leave the vehicle for the benefit of the others. Any outstanding part of the journey will be required to be paid for.

We reserve the right to substitute any given vehicle at any time without advance notice for operational or safety reasons.

We reserve the right to sub-contract the performance of any of our obligations to suitable third party contractors but you will be warned in advance and be given the option to withdraw. If a sub-contractor fails to perform, we will make all reasonable efforts to assist in resolving the matter but our maximum liability will be a refund of any sums overpaid in proportion to the period and distance of the tour already undertaken.

You accept responsibility to protect vehicle from damage, including by third parties while parked at any venue but also generally during the course of the hire. This will include mitigation for damage and consequential losses caused by vinyls or items or power lines attached to the coach as well as the results of parking under the direction of organizers or tour managers.

Parking in unsuitable locations: Our drivers are instructed to try to avoid parking in unsuitable locations, especially at festival sites. If a vehicle needs towing, drivers are only allowed to use professional towing services to avoid physical or mechanical damage to the vehicle. If as a result of being parked in an unsuitable location on the instruction of the hirer, the cost of towing will be charged back to the hirer

Charges are base to base from Cambridge to Cambridge unless mutually agreed.

All booking requests are made subject to these Conditions and are deemed to be an offer by you to buy a service from us. A contract only comes into effect if we accept the offer by accepting your deposit or payment and issuing a receipted invoice.

We provide various amenities like coffee machines, televisions, DVD players, Playstations, and sometimes satellite dishes and receivers. These are considered as free extras and not a condition of hiring our coaches and the failure of any such device cannot be the cause for termination of the contract or discount of the price. We do not provide any entertainment media (games, CDs, DVDs, tapes or smart cards). Customers are expected to bring their own and the devices are provided for their convenience.

The internet service is free to use where available in the United Kingdom only. The limit for the whole bus is 3 gigabytes per month pro-rate (around 100 megabytes a day under the service provider's fair usage policy. That is more than enough for emailing. If this level is exceeded, the hirer will be responsible for any excess charges imposed by the service provider.

A minimum of at least a 35% deposit is required to secure a booking. This can be by wire, BACS, UK cheque, or Euro deposit. Payment please to ABC Nightliners, Sunfun House, Meadow Drove, Earith, Cambridge, PE28 3SA, England along with a signed copy of all pages of this document - the balance will need to be paid in advance of travel for shorter journeys (10 days or less). Acceptance of any funds will confirmed by an invoice and will be made by us in good faith that we intend to supply one of our own suitable vehicles subject to our Conditions of Carriage. Deposits are deemed to be non-refundable.

Due to the size of our vehicles it may not be possible to gain access to the destination site either by physical or legal constraints. We recommend you check with the destination beforehand.

Where it is not possible to use the originally quoted mode of transport, for instance no ferry spaces left, a surcharge may be necessary to complete the journey. We will discuss the options with you first. It is our usual policy to use P&O Calais to Dover, Stena to Ireland or Hoek and our quoted prices are based on this assumption unless otherwise stated

All quotes for double or relief drivers are provided in good faith but we cannot guarantee availability at any time as double drivers are usually self-employed and therefore not under our direct control. If a tour or part of the tour cannot proceed due to the failure of a double driver to meet the bus on time, no responsibility can be accepted by ABC Nightliners. Although ABC Nightliners will make all best endeavours to enable the journey to continue. ABC Nightliners will be glad to consider the client providing their own double or relief driver subject to pre-vetting.

The cost flying a double driver out or back to the bus is based on a fixed rate for all trips because there is no way of knowing in advance the cost. We reserve the right to charge a justifiable surcharge where we otherwise risk making a loss. We accept that we will need to prove our case to you the client when applying such a surcharge and will take all reasonable precautions to warn you in advance.

Our drivers' hours are regulated by law. It is illegal for our drivers to work outside these hours. We will always plan trip schedules so as to minimise the risk of delays due to drivers' hours rules. However on occasion this may be unavoidable and in that case we cannot be held responsible for any losses arising due to such delays unless they are due solely to our negligence. Please be aware that laws are coming in that may assign the liability for any breaches to the hirer. We are keen to assist you to avoid such issues so please do talk with us if you need help.

In certain countries it is not legal to exceed 6 days of work without a 45 hour legal break. For commercial reasons we quote on the basis that this rule is not enforced in all countries otherwise our quotes will appear to be excessive if fresh drivers need to be flown in and the old driver put up in a hotel then flown out. The supply of a coach and driver is made on the understanding that no liability can be accepted by ABC Nightliners when a coach is required to park up by the authorities for this or other hours related reasons. If you wish to avoid this risk please call in advance so the cost implications can be discussed.

Where credit is given payment is due within 30 days of invoice date; otherwise payment in full is required prior to commencement of journey.

Where we have agreed to accept stage payments and a payment is late, we will have no obligation to perform the contract beyond the stage for which payment has already been received by us until the late payment is settled. In addition in such case we may at any time choose to terminate the contract forthwith by written notice to you and in such case any outstanding invoices issued by us will become immediately due and payable and you will be liable to pay us a reasonable amount to cover work carried out by us which has not been billed as at termination of the contract plus any irrecoverable costs incurred by us in connection with the contract.

If you have booked a trailer you must insure the contents yourself. You are also responsible for any documentation relating to the contents (carnet etc).

It is the hirer's responsibility to ensure that no documentation or people are transported illegally. Examples might be people with no work permit, merchandise with no carnet where one is required, drugs, etc. ABC Nightliners reserve the right to be compensated in full where a route diversion is required or where a vehicle is temporarily or permanently confiscated or where we are fined as a result of such an infringement.

In Germany you are required to declare and pay VAT for the distance and passengers travelling in Germany. If our drivers are stopped they will show a combination of documents declaring you as the hirer of the coach because due to the nature of the German VAT rules, the coach company is exempt from collecting VAT (16%) where the coach is hired as a whole, but the hirer is required to declare and pay it independently. This applies to all coach companies, not just ABC Nightliners.

It is against maritime law for any passenger to remain in any vehicle on all ferry crossings within the European Community. It is the responsibility of the hirer or their representative to inform each person travelling on a ABC Nightliners bus that they must exit the vehicle upon or before boarding the ship.

It is technically against the law for passengers to be lying on bunks while the vehicle is in motion on vehicles younger than 1998 in Germany, also in France, Italy, Spain, and most of Scandinavia. The customer warrants ABC Nightliners against any losses as a result of action by any such authority in the unlikely event the coach is delayed or the company is fined.

In many countries it is forbidden to smoke on coaches. The hirer will ensure that no passenger smokes on the ABC Nightliners coach and will indemnify ABC Nightliners in the event that any infringer other than a ABC Nightliners employee is caught and the company is fined.

These Conditions apply to any contract between us to the exclusion of any other terms and conditions including any you purport to apply under any purchase order or similar.

A reference to these Conditions includes a reference to any document referred to in these Conditions which, for the avoidance of doubt, shall be deemed to form a part of this agreement.

If you are a consumer, none of these Conditions will adversely affect your rights as a consumer.

These Conditions (taken together with the details contained in the confirmation of booking) constitute the entire agreement between you and us and supersede any previous agreement or representations between us.

It is in our interest to make your journey as pleasant as possible. If you have any special requirements we shall be pleased to attempt to accommodate you. We hope you have a great journey!

Our responsibilities in the event of a breakdown:
If we have been paid in advance of the journey to date by cleared funds (by full or staged payments) we will also take on the responsibility of making arrangements for onward travel to the best of our ability. Our primary responsibility however is to carry passengers and their luggage from A to B and any sleeping accommodation, entertainment system, etc provided on the coach is to be considered a non-contractual side benefit of using a sleeper coach. Where reasonably possible in the event of breakdown, a replacement sleeper coach will be used but we will not take responsibility for sleeping accommodation if no replacement sleeper coach can be hired. In any event all such costs must be in proportion to, and not exceed, the funds already paid.
If we have not received payments (full or staged), in advance, our only responsibility will be to assist you in obtaining alternative means of transport and accommodation at your own expense at which time our agreement will be terminated subject to reasonable financial adjustment in either direction.
You are highly encouraged to take out suitable insurance to protect your tour budget, for instance to cover the cost of hotels if your sleeper coach has a mechanical failure and no substitutes are available.

Errors and Omissions Excepted on this quotation

We look forward to hearing from regular and new customers!

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