The Clarkes of London General Conditions of Carriage
In these General Conditions of Carriage, the following words shall have the following meanings:
- “coach” means the coach, bus or other road vehicle or other means of transport provided by us, or any other carrier on which you are travelling;
- “journey” means each journey you are entitled to make on a service as set out in your ticket;
- “luggage” means any property which you bring onto a coach, including any property carried on your person;
- “authorised person” means a person acting under the instruction and on behalf of Clarkes of London.
- “service” means any journey to be made by a coach provided or arranged by us or on our behalf for the purpose of carrying persons and their luggage, which is set out in a timetable published by us;
- “Special Conditions” means any additional or special condition relating to a particular ticket or the method of delivery of a ticket (including any restrictions as to the services, dates, days of the week, and times in the day on which travel is permitted only and conditions to advance reservations of seats) as set out in any notices, offers or publications from ourselves.
- “stop” means any coach or railway station or air or sea port or stop where a service is to be joined or left or through which a service may pass.
- “ticket” means any ticket issued by us, or on our behalf, which evidences our agreement to carry or arrange for the carriage of any person, including the services on which travel is permitted and the fare payable.
- ‘timetables’ The times published are those which the management of Clarkes of London has good reason to believe coaches will maintain, but incidents may arise which cannot be foreseen or avoided. Liability cannot be accepted for losses arising from failure to adhere to the timetable except in cases of negligence or misconduct by an employee of Clarkes of London.
- “we”, “us” and “our” refers to Clarkes of London, a company registered in England and Wales, with registered number 3120943, and whose registered office is at National Express House, Birmingham Coach Station, Mill Lane, Digbeth, Birmingham, B5 6DD. including the following trade names: Clarkes of London, The Kings Ferry, The Travel Link or Connections.
- “working day” means a day, other than a Saturday, Sunday or Bank Holiday, on which the clearing banks in England and Wales are open to the public for the transaction of business.
- “you” means the person who we have agreed to carry or arranged to be carried, 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.
2. CARRIAGE SERVICES
2.1 Our agreement to carry you:
We agree to carry you and your luggage on the journey permitted by your ticket, on and subject to these General Conditions of Carriage and any Special Conditions applicable to your ticket. The applicable Special Conditions shall take precedence over these General Conditions of Carriage.
2.2 Carriage of children and young persons:
We will not be obliged to carry any child under 14 years of age unless that child is accompanied by a responsible person aged 16 or over.
2.3 Your ticket:
Your ticket is a record of our agreement to carry you or to arrange for your carriage. Your ticket is our property and can be revoked by us at any time. 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 in it or for whom it has been purchased and may not be transferred to or used by anyone else.
2.4 Validity of your ticket:
Travel permitted by your ticket: Your ticket permits you to make the journeys and travel on any of Clarkes of London services between the locations specified on the ticket, subject to any restrictions or statements as to the services, dates, days of the week, and times within a day on which you may travel, set out on the ticket or in any Special Conditions applicable to the ticket. Travel at any other time is not guaranteed.
- Period for which your ticket is valid: The last date on which your ticket is valid for travel is the date detailed on the ticket as the date of expiry, in the case of a single journey ticket, the duration of that journey.
- Expiry of your ticket: When your ticket expires, it is no longer valid for travel.
- Ownership of ticket: Your ticket remains our property at all times and if a ticket is defaced, damaged or tampered with, or lost, it is not valid for travel. We reserve the right to refuse to issue a replacement ticket in such circumstances. If we exercise our right to refuse to issue a replacement ticket, we will notify you within 7 days of so refusing setting out the reason for withdrawing the ticket.
3. CARRIAGE BY OTHER CARRIERS
3.1 Where no separate contract with other carrier:
Carrier will be treated as our sub-contractor: If you are carried by any carrier other than ourselves for all or any part of a journey or service, and you do not have a contract with that carrier, then that carriage shall be considered to have been provided by the carrier on our behalf as our sub-contractor, and these General Conditions of Carriage shall apply to all such carriage.
3.2 Liability in relation to carriage by another carrier:
- Our liability: If we do have any liability to you for any act, omission, negligence, or default of any other carrier (whether or not you have a separate contract with that carrier) then our liability to you shall be as if we had carried you on and subject to these General Conditions of Carriage and that carrier were our sub-contractor.
- Entitlement of the Other Carrier: Where you are carried by any other carrier for the whole or any part of a journey, you shall owe your obligations under these General Conditions of Carriage and any Special Conditions to that carrier as well as us, and that carrier shall be entitled in common with us to the benefit of any rights, remedies or limitations of liability which we have set out in these General Conditions of Carriage and any applicable Special Conditions.
4. PASSENGER RESPONSIBILITIES
4.1 You must check your ticket:
You must check your ticket for errors as soon as you receive it. You must inform us of any errors no later than 2 working days after you receive your ticket and, in any event, prior to the stated departure time of the service. If you fail to inform us of any errors at the required time, then your ticket will be assumed to be correct. We will correct any ticket which contains any errors which were not reasonably apparent if you tell us about those errors as soon as reasonably possible after you notice them and you give us reasonable justification for saying that an error was made. You must check the departure location and times shown as it is your responsibility to arrive at the correct stop for the stated time.
4.2 You must travel with your ticket:
You must have your ticket with you whenever you travel on a service, and you must produce your ticket for inspection when asked. If you do not take your ticket with you when you travel, or do not produce your ticket when asked then you will be considered to have travelled without a ticket. If you do not have a ticket when boarding, and subject to seats being available, a ticket must be purchased from an authorised person.
4.3 You must travel with a valid ticket:
You will be considered to have travelled without a valid ticket if you travel; without any ticket at all or fail to purchase a ticket from the authorised person.
with a ticket which you are not entitled to
without a ticket which you have purchased
on any service on which your ticket does not permit travel
in breach of the General Conditions of Carriage.
Effect of travelling without a valid ticket: If you do possess a valid ticket, you will be refused travel , unless you immediately purchase a valid ticket for your journey and you pay the full appropriate fare as specified by the authorised person for the journey which you are making.
Fraudulent Tickets: If we have reasonable grounds for considering that a ticket has been fraudulently used, issued, copied or manufactured, we reserve the right to invalidate the ticket or tickets and prevent you from travelling on our services. You shall not be entitled to a refund in respect of any ticket invalidated in accordance with this Clause, and we shall have no further obligations or liability to you. If you are found travelling with a fraudulent ticket you must pay the amount of the full appropriate fare as specified by the driver for the journey you are making and will be liable to prosecution.
4.4 Care of your Ticket:
You must take care of your ticket
We will not replace lost, mislaid or stolen tickets. You will be required to purchase a new ticket at the published fare for the journey to enable you to travel.
SPOILED OR TAMPERED TICKETS:
If your ticket is spoiled or tampered with, it will be invalidated, and if you travel with it, you will be considered to have travelled without a ticket. You will be required to purchase a new ticket at the published fare for the journey to enable you to travel.
4.5 Make sure you are on the correct service:
You are responsible for making sure that you meet any service on which you are travelling at the relevant boarding point and for getting off the service at the right destination.
All tickets with the exception of our single journey tickets and day return tickets must be purchased online and payment made by either debit/credit card, company cheque or bank transfer. If paying by company cheque or bank transfer your funds must clear in our account prior to you making a purchase. Single or return journey tickets are available for purchase onboard coaches via cash payment only. If paying by cash, please make sure you have the correct fare as any change due must be collected from our office in person by prior arrangement. Please note the following charges apply; 3% charge for American Express cards and 1.4% for all other credit cards.
4.7 Seat Belts:
You are required by law to wear the seatbelt provided at all times whilst seated. This also applies to wheelchairs. It is the responsibility of the customer to ensure that they comply with this requirement. Any passenger travelling in a vulnerable seat or seating position will be required to wear the seat belt supplied and any seat restraint mechanism must be securely and correctly fitted. The company will retain the right to refuse travel to any passenger seated in these positions that refuse to wear a seat belt. For clarity a vulnerable seating position is a seat or position at the front of the vehicle or any seat or position immediately facing a gangway, aisle or stairwell.
4.8 Breaks or journey interruptions
If a short halt is necessary, you must return to the coach punctually within the time allowed for the halt. We shall not be obliged to hold up the coach to wait for you, and we shall not be liable to you if you miss the coach because you return later. We will not reimburse any additional costs you may incur as a result of you missing the coach.
4.9 Joining and leaving a service:
You may not board or leave any service except at a designated stop or in exceptional circumstances under the explicit instruction of the driver.
4.10 You may not make breaks in your journey:
You may not break any journey permitted by your ticket except where there is serious delay. If, after you commence a journey, you are prevented from travelling further by reason of illness, we will at our sole discretion permit you to break your journey, and to resume your journey on the next service which has available seats after you become fit to travel again.
4.11 Emergency Contact:
In emergencies we recommend that you call the designated contact number.
5.CLARKES OF LONDON RESPONSIBILITIES
5.1 Our obligation to carry you:
It is our obligation to carry you and your permitted luggage on the journeys permitted by your ticket and subject to these General Conditions of Carriage and any Special Conditions.
5.2 Travel in Wheelchairs:
Some services are now operated by fully accessible coaches which are able to convey a passenger in their wheelchair. We are unable to guarantee that accessible vehicles are used on all routes. Please refer to our policy on serving disabled customers contained at: – https://clarkescommute.co.uk/passenger-information/wheelchair-access/
5.3 Carriage of Animals:
We are unable to carry animals other than registered guide or assistance animals accompanying the appropriate passenger.
5.4 Timetable of Services:
The published running times for any individual service can be affected by events outside of our control such as road works, traffic incidents, unforeseen congestion etc. but we will use reasonable endeavours to minimise any disruption to your journey. In the event that our services are delayed or cancelled we will notify you of the delay and any alternative timetable as soon as reasonably practicable.
5.5 Our right to cancel:
We reserve the right to alter any timetables or suspend, cancel or withdraw services, or terminate a service once it has commenced, without notice. This paragraph should be read in conjunction with Paragraphs 5.6, 5.7 and 5.8 below.
5.6 Our liability for cancellations and withdrawals of services:
Except as provided below or in these General Conditions of Carriage, we shall not be liable for any loss, damage, liability, or cost suffered by you as a result of any cancellation or withdrawal of any service by us, or any delay to any service, or termination of any service.
Cancellation before service has begun: If we cancel or withdraw a service before it has commenced, other than due to a circumstance beyond our reasonable control, our liability will be to make suitable alternative arrangements to carry you to your destination on another coach, or other mode of transport as we deem fit.
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 outside our control, our liability will be to make suitable alternative arrangements to carry you to your destination on another coach, or other mode of transport as we deem fit.
5.7 We have no liability for circumstances beyond our control:
We shall have no liability for any delay or failure to carry you, or for breach of contract, where caused by a circumstance beyond our reasonable control. The following shall be considered to be circumstances beyond our reasonable control: war or threat of war, accidents causing delays on the service route, exceptional severe weather conditions, fire and/or damage at a station, compliance with requests of the police, customs or other government officials and security services, changes by local transport authority to roads or local traffic plans, deaths and accidents on the road, vandalism and terrorism, unforeseen traffic delays, strike/industrial action, riot or local disturbance or unrest, 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 Our maximum liability to you:
We shall only be liable for loss which is reasonable and foreseeable and in no event shall we be liable for any indirect or consequential loss (including, without limitation, loss of profit, loss of business, savings or goodwill) howsoever occasioned. Furthermore, our maximum liability to you for any loss or damage (subject to the limitation set out in Clause 7.10 for loss or damage to your luggage) which you may suffer or incur is £500
5.9 Death and Personal Injury:
We do not exclude or limit our liability for death or personal injury resulting from our negligence, nor as a consumer exclude your statutory rights.
6.1 Refunds will be made on Annual Seasons only taking into account the period remaining from the day following its return to Clarkes of London. An administration fee will be deducted from the refund amount. Refunds for all other ticket types will not be considered.
6.2 Calculation of Refunds
Annual Seasons: The charge has been calculated on 40 weeks’ travel and after that period has passed no refund is payable. A refund will be based on the cost of the ticket less the cost of the number of monthly tickets, five day tickets and day return tickets that would have been necessary to cover travel on the expired portion.
- We are unable to refund tickets in case of illness, however in the case of annual season tickets the period of validity may be frozen until you return to work. You must contact us prior to the date you wish the ticket to be frozen from and submit either a Doctor’s or hospital certificate or a letter confirming your inability to work. When you return to work we will extend your ticket by the number of full working days that it has been frozen.
6.3 Maternity/Paternity Leave:
Annual Seasons can be frozen and the period of validity will be extended by the number of full working days that it was frozen for but not exceeding the statutory maternity/ paternity leave. Official documentation confirming maternity/ paternity leave must accompany the claim.
7.1 Permitted Luggage:
Only lightweight items may be placed in the overhead rack and passengers are asked to place briefcases and other property of that nature on the floor within their seat space. Large items of luggage not weighing anymore than 20kgs will be accommodated in the luggage hold on request to the driver. Nothing may be allowed to obstruct gangways or exits and very large quantities of luggage may not be carried expect by prior arrangement. Any article that may prove a danger to persons on the coach or injuries to their property may be refused entry.
7.2 Prohibited contents:
(a) Prohibited luggage: We are not obliged to carry any of the following items of luggage, and you may not bring them onto any coach without our permission: any weapons, explosives, drugs or solvents (other than medicines), live or dead animals, fish or insects, non folding pushchairs/prams, sports equipment that cannot easily be stowed, any items which are in our opinion, unsafe, or may cause injury or damage to property, or which are considered by us to be unsuitable for carriage by reason of their weight, size, shape or character, or which are fragile or perishable, or items with sharp or protruding edges, or any item over 20kg in weight or any item which cannot be folded down or packaged to comply with Clause 7.1.
7.3 Packing and identification of luggage:
You must pack your entire luggage safely and securely, and lock and fasten it, with a view to protecting your luggage from loss, damage or interference, and to protecting any other property on a coach from being damaged by your luggage. All luggage which is given into our custody should be clearly and appropriately labelled and include a contact telephone number where possible. We will not be obliged to carry any luggage which has not been properly packed or labelled. We reserve the right to involve the Police if we feel that there are any security or safety issues.
7.4 Inspection of luggage:
We shall be entitled to inspect all of your luggage, for the purpose of ensuring compliance with the above requirements. We shall not be obliged to carry you or your luggage, and shall be entitled to remove you from any coach, if you refuse to submit to a search.
7.5 Storage of luggage:
All luggage, other than hand luggage, will be stored in any hold or other storage compartment on the coach and not in the passenger compartment of the coach. Any hand luggage stored in the overhead racks must be securely stored and will remain your responsibility.
7.6 Getting the luggage onto a service:
Drivers will load and unload luggage, except as described in 7.1 but it is your responsibility to see your luggage put on and taken off a coach. Except for any luggage stored in the hold of a coach, you must also look after your luggage at all times and your hand luggage whilst on a coach.
7.7 Small valuables and important items:
Small valuable items should not be stowed in the luggage hold under any circumstances but should be taken on board a coach as hand luggage. Small valuable items includes money, medication, jewellery, precious metals, laptop computers, personal electronic devices, negotiable papers, securities or other valuables, business documents, passports, visas, tickets and identification documents. Small valuable items may be placed in the overhead racks or under your seat, but should not be left unattended by you. Where possible, small valuable items should be carried on your person.
7.8 Lost Luggage:
7.8.1 Our liability for lost luggage:
If we are notified that you have left behind or lost any of your luggage on a coach we shall take reasonable care of that luggage when it is located.
7.8.2 We will store lost luggage:
If we find any of your luggage on a coach, we will store it at such location as we may decide, but all such storage will be at your risk. We may charge you a reasonable administration fee for the storage and return of your lost luggage.
7.8.3 Our right to dispose of lost luggage:
If you have not collected your lost luggage within 1 month of our receiving or finding it, we may dispose of your luggage, including by destruction, donation or sale, and we shall be entitled to keep any sale proceeds. We shall be entitled to open and examine any left or lost luggage. If there are any items which we consider are dangerous or perishable, or otherwise unsuitable for storage, we shall be entitled to dispose of those perishable items within 24 hours of our receiving or finding such items.
7.8.4 You must hand over lost luggage of other people:
If you find any property of any other person on any coach, you must hand it over to us immediately. If you find any property on any coach you shall hand it over to the coach driver where possible.
7.9 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 a member of our staff as soon as possible after your 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 writing to the Lost Property Department at Clarkes of London, Kangley Bridge Road, Lower Sydenham,London, SE26 5AT, or email us at firstname.lastname@example.org or any other advertised address for the purpose. If you do not notify us as required of any loss or damage to your luggage then we will not be liable for that loss or damage. Any lost items will be held for a period of 30 days and after this time, they will be disposed of.
7.10 Our liability for loss or damage to Luggage:
We will take reasonable care of your luggage, 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 employees, agents or representatives, shall be limited to £250 for all such loss or damage. You should insure your luggage, especially if you are carrying valuable items, with reputable insurers against all usual and normal risks of loss or damage, to the full replacement value of the luggage, with no excess.
8. PASSENGER BEHAVIOUR
8.1 Required behaviour and prohibited behaviour: We wish to make travel with Clarkes of London as comfortable as possible for all of customers. We expect all customers to behave in a reasonable, sensible and lawful manner on a coach. Please see the commuter etiquette section of our website for further information. https://clarkescommute.co.uk/passenger-information/passenger-regulations/
You must not:
Be abusive or threatening to any staff or any other person. Conduct yourself in a way which may endanger yourself, any coach or any person or property on board any coach. Obstruct any driver, crew, officer or staff in the performance of their duties or fail to comply with their instructions. Behave in a manner which causes discomfort, inconvenience, damage or injury to other persons. Obstruct or allow any of your luggage to obstruct any aisle or emergency exit. Play any music players, musical instruments or electronic devices, that are audible and distracting or annoying to any person, or which interfere with, or render less audible, any public address system or other equipment. Take onto any coach, any alcoholic drinks or drugs (other than medicines) for the purpose of consuming them, or consume them on any coach. Consume on the coach, or bring onto the coach, any hot or strong smelling food. This includes chips, burgers, kebabs etc. Smoke on the coach. Board any coach whilst you are suffering from any serious contagious illness.
Any authorised person is empowered to require a passenger to leave a coach should their behaviour be a danger to themselves or a danger or a nuisance to other passengers or a danger to other road users. Such behaviour shall include the excessive consumption of alcohol, noise from any instrument, radio or recorded sound player, unpleasant language and threatening behaviour. Recognising that some customers find mobile phones and personal stereos intrusive, and prefer to relax or work quietly on board, we therefore ask that people respect other passengers and keep noise to a minimum.
8.2 Consequences of bad behaviour:
If you fail to comply with any of the behaviour rules in Clause 8.1, or we have reason to believe you may continue any conduct in breach of those behaviour rules, we shall be entitled to restrain you, remove you from the coach, refuse you further carriage, cancel your ticket without refund, and take any other measures as we consider necessary to prevent continuation of such conduct. If necessary we will also involve the Police or relevant security service. Furthermore, we reserve the right to refuse travel, either on a one-off or permanent basis, to anyone deemed to be a nuisance or danger to our passengers or employees.
8.3 Food and Drinks:
Customers are welcome to bring onto the coach hot drinks provided they are fitted with a safety lid to avoid spillage, cold drinks and cold food.
8.4 Our liability for behaviour of other passengers:
Whilst we will use our reasonable efforts to control the behaviour of other passengers on a coach, we will not be liable to you for any act or omission of any other passenger on a coach.
9.1 Governing Law:
Your ticket, the contract with us 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 General Conditions of Carriage shall be separate and severable. Should any provision be invalid or unenforceable, it shall be severed from these General Conditions of Carriage, and the remaining provisions of these General Conditions of Carriage 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.
9.3 Your personal data:
Your personal data (including details of and copies of your travel documentation) given to us by you or our agents or representatives may be kept on record by us, and used and disclosed by us for the purposes of administering your ticket, purchasing tickets for your carriage by carriers other than us, making seat reservations for you for travel on any service, administering, performing and exercising any rights under your carriage contract with us, these General Conditions of Carriage and any Special Conditions, and complying with any legal obligations we may have to make available such data to government agencies or other persons in connection with your travel. In carrying out this purpose, we may disclose your personal data to our own offices, our agents and representatives, sub-contractors, government agencies, and any other carriers. You consent to this receipt, use, disclosure and transfer of your personal data.
9.4 Amendments and waivers:
None of our employees, agents, or representatives, has authority to alter, modify or waive any provision of these General Conditions of Carriage or any Special Conditions.
9.5 Third Party Rights:
Unless otherwise stated in these General Conditions of Carriage, no person other than you and us shall have the benefit of or be entitled to rely upon or enforce any term of these General Conditions of Carriage or any other term of the contract to carry you and the Contracts (Rights of Third Parties) Act 1999 shall not apply.
10. EMAIL COMMUNICATIONS
10.1 Commuter Service Email Alerts
You agree to receive emails from Clarkes of London regarding the commuter service and/or other related services from Clarkes of London or Clarkes sub-brand. You may opt-out of this at any time by clicking the unsubscribe link at the bottom of our email communications.
11. EUROPEAN PASSENGER RIGHTS REGULATION
Under the European Passenger Rights Regulation, we have an obligation to provide you with appropriate and comprehensible information regarding your rights under that Regulation. For these purposes, your rights are as follows: (1) A disabled person or person with reduced mobility cannot be refused travel unless such refusal is to meet (a) applicable health and safety requirements or (b) where the design of the vehicle/infrastructure (including bus stops and terminals) makes it physically impossible to carry that person in a safe and operationally feasible manner. (2) You cannot be discriminated against in relation to ticket prices and/or contract conditions of carriage based on your nationality. (3) Disability awareness training must be provided to personnel who deal directly with the public (4) The Company will be liable where we lose/cause damage wheelchairs or other mobility equipment or assistive devices (equal to the replacement or repair value). (5) Passengers must be provided with adequate information throughout their travel (in accessible formats upon request, if feasible) (6) The Company must have a complaints handling mechanism. (7) Passengers should submit any complaint within 3 months of travel and The Company must let the passenger know that their complaint is rejected, substantiated or still be considered within 1 month of receiving the complaint. The final reply should be within 3 months of the complaint. If you feel that we have not dealt with your complaint satisfactorily, then you may wish to contact Bus Users UK at www.bususers.org  or by telephoning 0300 111 0001.