Conditions of Carriage
The terms below apply to every booking with Jumbocruiser Ltd. By signing a booking form you agree to these conditions in full.
COVID-19 Notice
Despite any clause below, where a tour is cancelled directly and solely as a result of any government COVID-19 restrictions causing the tour to become unviable, any deposit will be returned, or alternatively credited to a future tour if by mutual agreement. Where a tour has to be modified for the same purpose we will merely requote as needed. Where a tour is cancelled for any other reason — for instance the health of the artists or crew, whether or not caused by COVID-19 — then we will negotiate a reduction based on miles and ferries etc not used.
1. Passenger Capacity and Safety
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. In certain jurisdictions it is a legal requirement that children must wear seatbelts at all times; as our older vehicles sometimes do not have seatbelts we will not be able to carry children in such cases.
2. Fuel Surcharges
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 will be commensurate with the fuel price increase to ourselves and will cover any period during which we have to pay increased prices to our fuel supplier.
3. Ferry and Toll Surcharges
We reserve the right to pass on at retail prices any ferry surcharges or road toll increases that we have been notified of since the relevant quotation was created. There is a creation date on every quotation. Where we cannot book a quoted ferry due to capacity limitations, Jumbocruiser reserves the right to charge any extra costs incurred to reach the destination (e.g. a different route or flying out a second driver). We also reserve the right to pass on any applied fuel surcharges or peak-time surcharges on ferries not known at the time of quotation.
4. Mileage Overrun
If the final mileage exceeds 30 miles more than the quoted mileage we reserve the right to apply a surcharge. This is usually only applied if there are a number of hotel runs, as these can be very expensive.
5. Exchange Rates
The exchange rate between GBP and EUR or USD is the middle rate posted at Google.com from time to time +/- 3% in our favour (which is still a saving on retail bank exchange rates). Typically, if we are paid electronically in a currency other than the one invoiced, we will apply the original quoted exchange rate. If the current rate varies by at least 5%, we reserve the right to apply the current rate +/- 3% to avoid a currency loss. We will also accept claims from the hirer if the new rate falls in their favour beyond 5%. Any cash received in Euros when the invoice is in Pounds will be credited in full in Pounds at the rate the UK bank allocates at the time of deposit. Quotations are valid for 28 days from the date of issue as shown on the booking form.
6. Liability — Property and Personal Effects
Jumbocruiser Ltd 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 theft occurring due to the negligence of passengers (for example, failure to lock coach doors when provided with a key). We recommend you take out suitable insurance to cover all travel contingencies. Items travelling in our trailer or in the vehicle storage area are not insured by ourselves; unless damaged by ourselves we cannot accept responsibility for their loss or damage — please obtain suitable insurance for these items.
7. Excluded Losses
Jumbocruiser Ltd cannot be held responsible for any of the following losses however caused, or related costs and expenses arising out of any contract between us: pure economic loss; loss of profit; loss of business; consequential losses; loss of reputation; or loss due to a force majeure event including, without limitation, missing travel connections and missing or arriving late for events.
8. Force Majeure
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, 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.
9. Liability Cap
Nothing in these Conditions excludes or limits our liability for death or personal injury caused by our negligence. Save as otherwise provided by insurance cover for public liability and passenger effects, our entire liability under or in connection with any contract will not 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, 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 will be assessed separately per vehicle.
10. Passenger Conduct
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. The vehicle will then be allowed to continue the journey. Any outstanding part of the journey will still be required to be paid for.
11. Vehicle Substitution and Sub-contracting
We reserve the right to substitute any given vehicle at any time without advance notice for operational or safety reasons. All reasonable efforts will be made to provide a vehicle of a comparable class and capacity within the time available. We also 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 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.
12. Hirer's Damage Responsibility
You accept responsibility to protect the vehicle from damage, including by third parties, while at or near any venue or where otherwise parked under the direction of organisers or tour managers. This also applies to damage to the paint and bodywork directly attributable to the application of vinyls and other promotional items.
13. Parking
Our drivers are instructed to try to avoid parking in unsuitable locations, especially at festival sites. If a vehicle needs towing, drivers are only permitted 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 vehicle requires towing, the cost will be charged back to the hirer.
14. Hotel Access
Our coaches are designed for main roads. Unless we know the hotel has suitable access, we will not take bands or crew to or from hotels. Please arrange local transportation from and to the venue or where the bus has to park up. You are required to provide a list of hotels to the Jumbocruiser office prior to the tour and only request the driver to access those hotels that are approved. Any damage caused to our coach or to third parties when attempting to access or depart from non-approved hotels will be the responsibility of the hirer.
15. Route and Timing
The quotation will show where the hire starts and ends and a given route and timing. Where it is necessary to take a more costly deviation — for instance because a given ferry is fully booked or cancelled, or due to severe logistical problems on the route beyond our control — the hirer will be responsible for such reasonable additional charges. This clause only applies where situations arise causing deviations out of our control.
16. Booking and Contract Formation
All booking requests are made subject to these Conditions and are deemed to be an offer by you to buy a service from us. We will raise an electronic booking form and you will be sent a link to it. That offer remains open for 5 days (or fewer if stated at that time by phone or email). On completion of the required fields of the booking form including provision of your electronic signature, you will have committed to the contract. We in turn will raise an invoice to confirm our commitment. We may request a non-refundable 15% deposit, but failure to provide that deposit does not unilaterally release you from the contract.
17. On-board Amenities
We are contracted to deliver passengers in reasonable comfort according to our quotation and within the law. Amenities such as coffee machines, televisions, DVD players, Playstations, toilet, and sometimes satellite dishes are considered free extras and not a condition of hire. The failure of any such device cannot be cause for termination of the contract or discount of the price. We do not provide entertainment media (games, CDs, DVDs, tapes or smart cards) — customers are expected to bring their own. Safes, where provided, are used strictly at the hirer's risk. The internet service is free where available, with no limit in the UK, though some limitations apply abroad.
18. Drivers' Hours
Our driver's 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 we cannot be held responsible for any losses arising from such delays unless they are due solely to our negligence. In certain countries it is not legal to exceed 6 days of work without a 45-hour legal break. Supply of a coach and driver is made on the understanding that no liability can be accepted by Jumbocruiser Ltd when a coach is required to park up by the authorities for hours-related reasons. If you wish to avoid this risk please call in advance.
19. Double and Relief Drivers
All quotes for double or relief drivers are provided in good faith, but we cannot guarantee availability as double drivers are usually self-employed and not under our direct control. If a tour or part of the tour cannot proceed due to the failure of a double driver to arrive on time, or if no competent double driver is available, no responsibility can be accepted by Jumbocruiser Ltd., although we will make all best endeavours to enable the journey to continue. Jumbocruiser will be glad to consider the client providing their own double or relief driver subject to pre-vetting. A flat rate is charged to transfer a driver to or from a coach outside mainland UK.
20. Ferries — Passenger Evacuation
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 Jumbocruiser bus that they must exit the vehicle upon or before boarding the ship.
21. Bunk Use While Moving
It is technically against the law for passengers to be lying on bunks while the vehicle is in motion in Germany, France, Italy, Spain, and most of Scandinavia for vehicles newer than 1998. The customer warrants Jumbocruiser 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.
22. German VAT
In Germany you are required to declare and pay VAT for the distance and passengers travelling in Germany. 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 Jumbocruiser.
23. Trailer and Documentation
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). We do not recommend you place the responsibility on our driver to handle a carnet at any time, but if you do it is done on the basis that Jumbocruiser Ltd is absolved of any resulting liability. It is the hirer's responsibility to ensure that no documentation or people are transported illegally (e.g. persons with no work permit, merchandise with no carnet where required, drugs, etc.). Jumbocruiser Ltd reserves 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.
24. Smoking
In many countries it is forbidden to smoke on coaches. The hirer will ensure that no passenger smokes on the Jumbocruiser coach and will indemnify Jumbocruiser Ltd. in the event that any infringer (other than a Jumbocruiser employee) is caught and the company is fined.
25. Payment Terms
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 until the late payment is settled. Subject to three days' notice, we may at any time choose to terminate the contract forthwith by written notice, in which case any outstanding invoices become immediately due and payable. The company reserves the right to apply a charge of 8% per annum above the current base rate to any overdue payments.
26. Cancellation
Our booking form is a contract between us based on these Terms and Conditions. By signing the booking form you are accepting these terms and conditions. If, after booking, you decide to cancel, it is at the discretion of Jumbocruiser Ltd. whether or not to hold you to the contract in full or in part. Even if we hold you to the contract, we will take all reasonable efforts to offset your liabilities by trying to find alternative work for the vehicle and driver, and will mitigate your liabilities by crediting any unused tolls, miles, and ferry costs. In any case, as a minimum, you will still owe any deposit paid or unpaid.
27. Breakdown Responsibilities
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 is to carry passengers and their luggage from A to B; sleeping accommodation, entertainment systems, etc. are non-contractual side benefits. Where reasonably possible, a replacement sleeper coach will be used in the event of a breakdown, but we will not take responsibility for sleeping accommodation if no replacement sleeper coach can be hired, and all such costs must not exceed the funds already paid. If we have not received advance payments, our only responsibility (save in instances due to Company negligence or wilful misconduct) will be to assist you in obtaining alternative means of transport at your own expense, at which time our agreement will be terminated subject to reasonable financial adjustment. You are highly encouraged to take out suitable insurance to protect your tour budget.
28. Privacy and Data Retention
Jumbocruiser Ltd does not store credit card information by email. Any such emails sent will be deleted, any written card information will be shredded, and we limit other information retained so as to fall wholly within the scope of the Data Protection Act 1998. No information will be passed to third parties other than to enable the actual credit card transaction to proceed. We use Paypal and Worldpay for our payments interface.
29. Reward Points
For every day hired you will receive 10 points and for every mile charged you will receive 0.10 points. Points accumulate but time out after 2 years. Each point can be used as a £1 credit against a future hire (up to 10% of the hire cost), or redeemed as cash at 40p per point. No points will be allocated where there is special flat-rate pricing, late payment, discounts off our original quoted retail price, commissions paid, or sub-contracting to another supplier. Rewards only become redeemable once payment for the tour has been received in full and within our payment terms. The Rewards programme may be terminated at any time, although any outstanding points will remain valid for up to 2 years from the date of issue.
30. Governing Law
These Conditions and any dispute or claim arising from them or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.