Terms and Conditions
These General Terms and Conditions are those by which Euro City Express Limited carries any person and their property. These conditions shall apply to each ticket issued by Euro City Express Limited and each contract to carry any person and their property entered into by Euro City Express Limited. Any person who purchases a ticket and travels on an Euro City Express Limited service shall be considered to have agreed to the following Terms and Conditions.
We agree to carry you and your luggage on the journey stated on your ticket subject to our Terms and Conditions.
Interpretation of Terms
In these Euro City Express Limited Terms and Conditions, the following words shall have the following meanings:-
"Snow Express.co.uk" "Snow Express" "Ski Bus UK" "Euro City Express Limited" The company incorporated and registered in England and Wales. Company number: 06907945 Registered Office, 45 Redwood Glade, Leighton Buzzard, LU7 3JT
"Conduct or Industry Regulations" The Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) Regulations 1990 as amended by the Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) (Amendment) Regulations 2002
"Contract" any agreement for the supply and purchase of the Services provided by Euro City Express Limited and/or its suppliers and partners
"Customer" any person or company who purchases the services from Euro City Express Limited
"Service(s)" the outward and return journey provided or arranged by Euro City Express Limited between two stated locations for the purpose of carrying persons and their luggage as detailed on your ticket. Where a "package" has been purchased the customer accepts the terms and conditions of the product owner of the part of the package which is not the service operated directly by Euro City Express Limited
"Package(s)" Euro City Express Limited may sell its services in conjunction with another product; whether accommodation or use of another suppliers transport services, such as ferry operators.
"Event Entry ticket" a ticket that is valid for entry to a special event, Euro City Express Limited shall sell these as part of a package.
"Event Owner/Promoter" The organisation or person(s) whom own and/or manage the special event to which Euro City Express Limited is operating coach services and/or sells event entry tickets on behalf of.
"Driver" the driver of a Euro City Express Limited vehicle, supplied under contract by a third party
"Website" Euro City Express Limited website www.snowexpress.co.uk
"day(s) of operation" the dates on which Euro City Express Limited have scheduled services for which they have sold tickets to travel to customers
"coach" or "vehicle" 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 for the purpose of fulfilling the service purchased by the customer
"concessionary ticket" means any ticket issued by us or on our behalf to carry out or arrange for the carriage of children, seniors, students or any other group for which a reduced or discounted fare is applicable
"luggage" means any property which the customer wishes to be transported with them either in a vehicle luggage hold or carried by the customer onto the vehicle.
"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) as set out in any notices from ourselves. For example, Special Conditions may apply to any discounted, reduced, promotional, concessionary ticket, tickets as part of a package deal and e-tickets
"ticket" means any ticket issued by us or on our behalf, which details our contract to carry or arrange the carriage of any person and their luggage. This includes any service for which travel is permitted and a fare has been paid.
"Notice(s)" Should Euro City Express Limited have to alter or cancel the ticket and the details of the ticket we will make all reasonable effort to contact the customer with a notice using the customer details as stated during the ticket booking process and/or via the website.
"third party carrier" or "operator" a company to which we contract all or part of a journey.
"we", "us" "ourselves" and "our" refers to Euro City Express Limited, a company registered in England and Wales, with registered number 05467209 Registered Office, 6 Langdale Close, Felixstowe, IP11 9SR
"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.
Any reference to "writing" or "written" includes faxes and e-mail.
Where the words include(s), including or in particular are used in these Conditions, they are deemed to have the words without limitation following them and where the context permits, the words other and otherwise are illustrative and shall not limit the sense of the words preceding them.
In these Terms and Conditions a reference to the singular shall include the plural and vice versa.
1. GENERAL
1.1 By using the services advertised and sold by Euro City Express Limited you, the Customer, is agreeing to comply with the following rules and guidelines.
1.2 Euro City Express Limited only uses experienced and professional Coach Operators with all relevant licenses and insurances in place. By accepting the Euro City Express Limited terms and conditions you are also agreeing to abide by the terms and conditions of hire as set out by the Operator. A copy of these can be seen upon request to Euro City Express Limited. These Operator terms and conditions are largely generic and may also be detailed in Euro City Express Limited terms and conditions but small variations are possible.
1.3 Where the Customer is purchasing a Package, whether this is a third party journey, such as ferry or Insurance , they are agreeing to abide by the terms and conditions relating to that product and as set out by the operator. These will be available for the customer to view and accept at the time of purchase.
2. INFORMATION GIVEN TO THE CUSTOMER
2.1 Euro City Express Limited follows strict rules and procedures to ensure each Customer receives all the correct information and journey details as per the Customer's order. It is the responsibility of the Customer to check the accuracy of your booking, the ticket and travel dates and times to ensure they are correct. If they are incorrect the Customer must contact Euro City Express Limited as soon as possible to ensure they have the correct details for the journey booked. Euro City Express Limited can accept no responsibility for refusal to travel if the Customer's details do not match the journey being provided on the Days of Operation.
2.2 If Euro City Express Limited have to alter a departure or arrival point or the date and time is changed then we will notify all Customers using the contact details provided during the ticket booking process with reasonable notice being given to the Customer. Euro City Express Limited accepts no liability for changing any details of the journey when forced to by events out of its control as detailed in clause 4.6
2.3 It is the Customer's responsibility to check that the journey is operating as scheduled from the location, date and time stated on the ticket by contacting Euro City Express Limited prior to the Day of Operation. Relevant contact details are shown on the website.
2.4 Not all information relating to the booked journey may be available to Customers at the time of purchase. Euro City Express Limited shall guarantee a seat on a coach relating to the details stated on the booking confirmation and/or ticket. Any further information, such as exact locations, times etc, if not available at the time of purchase, shall be communicated to the Customer at a later date, with reasonable notice being given to the Customer. Euro City Express Limited will use the contact details supplied at the time of purchase and/or place notices on the Website. It is the Customer's responsibility to ensure they have all their relevant travel details and we can be contacted via the website to confirm these details.
3. YOUR TICKET
3.1 Your ticket is a record of our agreement to carry you or to arrange for your carriage.
3.2 Your ticket is our property, and shall be returned to us on request.
3.3 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 unless with the prior written consent of Euro City Express Limited.
3.4 Ticket Validity
3.4.1 Permitted travel: Your ticket permits you to make the journeys on the services stated on the ticket or within any Special Conditions associated with the ticket, subject to any further Notices issued by Euro City Express Limited regarding alterations or cancellations of Services. Travel at any other time is not guaranteed.
3.4.2 Period of validity: Your ticket is only valid for the journey(s) stated. Euro City Express Limited may allow you to travel on another of its services it can not guarantee this.
3.4.3 Expiry of your ticket: Your ticket expires when the stated booked journey(s) are passed and at that point it is no longer valid for travel. Euro City Express Limited may allow you to travel on another of its services but it can not guarantee this.
3.4.4. Ticket condition: it is the responsibility of the Customer to take care of their ticket. If a ticket is defaced, damaged or tampered with, or lost, it is not valid for travel. We reserve the right to refuse you to travel or to issue a replacement ticket in such circumstances. We reserve the right to charge an administration fee of £10 to replace a ticket. We are not obliged to replace any ticket which is lost, mislaid or stolen and you may be required to purchase a new ticket.
3.5 Your responsibilities with your ticket:
3.5.1 You must check your ticket for errors as soon as you receive it. The Customer must report any errors on the ticket to Euro City Express Limited as soon as possible and no later than 72 hours prior to the booked journey departure time and date. If you fail to inform us of any errors within the required time, then your ticket will be assumed to be correct. Euro City Express Limited will correct any ticket which contains any errors that are deemed to be the fault of Euro City Express Limited if we are informed within the time period. Euro City Express Limited reserve the right to refuse you travel if the details on the ticket do not match the service on which you are attempting to travel.
3.5.2 The Customer must take their ticket with them whenever they travel on a service. The ticket must be produced for inspection whenever asked by a member of staff. The Customer must have a valid ticket in order to travel and Euro City Express Limited have the right to refuse travel if no ticket can be produced when asked. If a Customer does not have a valid ticket then, if seats are available, a new ticket must be purchased from a Euro City Express Limited member of staff. If you are found to be travelling without a valid ticket you will be deemed to be in breach of these terms and conditions and will be asked to leave the service, we may remove you from the service if you refuse.
3.6 Concessionary and discounted tickets:
If the Customer has purchased a Concessionary or Discounted ticket you may be required to produce evidence that you are eligible for that ticket. The request of proof can be made at both the time of purchase and when boarding a service. Any failure to show valid identification could result in you being required to pay the full fare for the journey.
3.7 Fraudulent tickets:
If we have reason to suspect that a ticket has been fraudulently used we reserve the right to retain the ticket and refuse you travel. You will not be entitled to a refund for any ticket confiscated in relation to this clause and we shall have no further obligation or liability to you.
4. SERVICE CHANGES
4.1 Euro City Express Limited reserves the right to alter, suspend or terminate any Service without notice whether before or after we have sent you a Booking Confirmation, and to substitute an alternative Service.
4.2 If we cancel or alter a Service before it has commenced, other than due to events beyond our control*, our liability will be as follows to customers with valid tickets:
a) to make suitable alternative arrangements to ensure passengers with valid tickets reach their booked destination on another vehicle; or
b) cancel the booking, and allow you to claim a refund of the full amount of the fare. If the outward part of a return ticket has been used, 50% of the fare will be refunded.
4.3 If we cancel or alter a Service on which passengers with valid tickets are already travelling before reaching the booked destination, other than for a reason beyond our control*, our liability will be as follows:
a) to make suitable alternative arrangements to ensure passengers with valid tickets reach their booked destination on another vehicle or by using alternative forms of transport, such as another Euro City Express Limited Service, a third party coach service, train, aircraft, private car, or taxi, which you shall not unreasonably refuse; or
b) provide a substitute vehicle, which may lack some or all of the advertised facilities.
4.4 Other than detailed above, we will 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.
4.5 If Euro City Express Limited is forced to cancel any Service for reason of emergency* or due to events beyond our control* then we will not be liable to provide Customers with any refund, and we will have no further or other liability to you, cancelling the contract made at the time of booking between Euro City Express Limited and the customer.
4.6 Euro City Express Limited will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control. These events include any act, event, non-happening, omission or accident beyond our reasonable control and include in particular (without limitation) the following:
*Reasons of emergency and events considered beyond our control:
- Riot - Civil Unrest - Fire and/or damage at a scheduled arrival or departure point - War or threat of war - Acts of Vandalism and Terrorism - Strikes, Lock Outs or other industrial action - Stoppage or restraint of labour - compliance with requests, acts, decrees, legislation, regulations or restrictions from the Police, other emergency services, customs or other government officials and security services - extreme weather condition or natural disaster - impossibility of the use of other means of public or private transport - extreme road conditions, including unforeseen traffic delays and accidents causing delays on the service route - vehicle being unavailable to Snow Express -impossibility of the use of public or private telecommunications networks - problems caused by other customers - bankruptcy, insolvency or cessation of trade of any carrier used by us - any circumstances which affect passenger safety.
4.6.1 The performance and delivery of the Service will be deemed to be suspended for the period of any of the above reasons of emergency and events beyond our control. Euro City Express Limited will have an extension of time in order to provide the Service. We will use reasonable endeavours to find a solution to any of the above events by which our obligations under these terms and conditions are affected.
4.7 Euro City Express Limited reserves the right to cancel any Service where passenger numbers deem it commercially unviable. If Euro City Express Limited does withdraw any Service for this reason we will provide Customers with reasonable notice and attempt to offer a suitable alternative Service. All Customers will be offered a full refund in these circumstances.
4.8 Conforming to laws and regulations:
Euro City Express Limited sources all vehicles from experienced and approved operators. Drivers' hours and rest periods are regulated by law and all operators conform to these. It is illegal for Drivers to work outside these hours. Euro City Express Limited plans all journeys and Services to minimise the risk of delays due to Drivers' hours rules. If delays occur for whatever reason, Euro City Express Limited may alter the journey in order to comply with the law.
4.9 Delays: Euro City Express Limited advises on and schedules journey times in good faith. Due to the nature of our business, adverse weather, ferry and eurotunnel delays, traffic and road conditions and vehicle breakdowns can often cause delays and congestion. Where possible the Driver and operational staff will amend routes to achieve the shortest possible journey time but due to unforeseen events that occur beyond the reasonable control of the company journeys make take than predicted. Euro City Express Limited will not be liable for any loss or inconvenience experienced by the customer(s) as a result. The Customer should ensure it and members of the Customer's Party (as appropriate) have appropriate travel insurance to cover any consequent losses suffered as a result of a delayed journey.
4.10 Snow Express reserves the right to use either ferry or Eurotunnel as the chosen method for crossing the English Channel. This may vary by departure. Euro City Express Limited will not be liable for any loss or inconvenience experienced by the customer(s) as a result.
4.11 Customs and Immigration
(a) Immigration Checks: Where a coach is required to stop at any immigration, passport or customs check-point, the coach will wait for a reasonable period to enable all normal checks to be carried out. However, the coach will not be obliged to wait for any passengers who are detained or delayed for any reason, and will be entitled to depart after that reasonable period leaving any detained or delayed passengers behind. Any luggage belonging to any passengers left behind will be at the risk of those passengers and we will not be liable for any loss or damage to that luggage.
(b) Baggage Checks: Where your luggage is removed from a coach for customs checks, you will be responsible for getting your luggage back from those checks or any carousel to the luggage compartment of the coach.
(c) Other border checks; Where we or you are required under any applicable law to provide details of your name, address, and other information concerning your identity, and your journey and its purposes, you shall as a condition of your travel with us, promptly comply with all such law and co-operate with us in complying with such law.
(d) Other border requirements: You are advised that when crossing any borders or check-points, further requirements may be applied by the countries you are leaving or entering, including possibly unofficial or corrupt requirements, such as the imposition of any taxes or other payments by border control officials. We accept no responsibility or liability for such requirements, or for any delays or other problems caused by such requirements, and you expressly agree that this is a risk you freely assume as condition of travelling on our services.
(e) Visa and Passports - It is the passengers responsibility to ensure that they hold a valid passport and any appropriate visas to complete their journey. In the event that you do not hold the correct travel documentation, you will be removed from the coach in Dover and your journey will end. You will not be refunded for your unused ticket.
4.12 Our liability for cancellations and withdrawals of services.
4.12.1 Unless referred to within these terms and conditions 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.
4.12.2 Euro City Express Limited has no liability whatsoever to any person who has not purchased or has not any proof of purchase of a valid ticket for an Euro City Express Limited Service.
4.13 Additional and replacement vehicles
At busy times we reserve the right to operate additional vehicles that may not be to the same specification as advertised. We will endeavour to use vehicles that have a similar specification but we are unable to guarantee all facilities will be available.
Euro City Express Limited will not be liable for any loss or inconvenience experienced by the customer(s) as a result.
5. MAXIMUM LIABILITY TO OUR CUSTOMERS:
5.1 Death and Personal Injury: Euro City Express Limited has full Employer and Public Liability Insurance policies in place. We do not exclude or limit our liability for death or personal injuries resulting from neither our negligence, nor where you deal as a consumer exclude your statutory rights.
5.2 Our maximum liability to you for any reasonable and foreseeable loss, damage or liability (including but subject to the limitation set out in Clause 11.6 for loss or damage to your luggage) which you may suffer or incur as a result of our failure to carry you, breach of our contract to carry you, our negligence in connection with carrying you, or the deliberate or negligent acts or omissions of any of our employees, representatives or sub-contractors, shall be limited to an aggregate of £250 (Two Hundred and Fifty Pounds Sterling)
5.3 Euro City Express Limited has no liability for any applicable credit or debit card charges issued to the Customer as a result of purchasing tickets via Euro City Express Limited.
6. EVENT CANCELLATION
6.1 If you are due to travel or are travelling with a valid ticket on a Euro City Express Limited Service to a 'special event' - primarily a festival, concert or sporting event, we cannot take responsibility whatsoever as a result of any change/omissions in the event or failure of the event to take place as advertised. Our responsibility is to provide you with the travel for the journey to the event.
Should the festival, concert or event be cancelled by the promoter/artist/performers the journey you have booked will still be scheduled to proceed.
7. THIRD PARTY CARRIERS
7.1 On some journeys a section of a journey permitted by your ticket is operated by a Third Party Carrier, other than Euro City Express Limited. By purchasing the ticket, with a specified section of the journey operated by a third party, you will be considered to have accepted the carrier's terms and conditions and limitations of liability as notified to you or otherwise published by Euro City Express Limited or the carrier themselves. Whilst we cannot accept any responsibility for any loss as a result of any act or omission of any such third parties, we will give reasonable assistance in helping to resolve any reasonable dispute.
7.2 Euro City Express Limited may at any time arrange for you to be carried for any part of a journey by a Third Party Carrier. For this purpose you accept Euro City Express Limited will act as an agent with authority to negotiate and conclude a contract for that carriage between you and that carrier. We will use reasonable endeavours to negotiate a fair and reasonable contract on your behalf, and we shall be considered to have made a fair and reasonable contract if the contract for carriage with that carrier is made on the published conditions of carriage of that carrier, or on conditions similar to these terms and conditions.
7.3 If any part or your entire journey is operated by a Third Party Carrier, and there is no contract in place with that carrier, then they will be considered as a sub-contractor and these terms and conditions shall apply to all such carriage.
7.4 If there is a separate contract for your carriage with a Third Party Carrier, then we shall have no liability to you if that carrier fails or delays in carrying you, or for any other act or omission of that carrier, and you shall make your claim for any loss or damage you suffer against that carrier. 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 the third party was a sub-contractor and we had carried you on and subject to these terms and conditions.
7.5 Where a Third Party Carrier is used for all or part of any journey, you shall owe your obligations under these terms and conditions and any special conditions to that carrier as well as us. The Third Party 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 terms and conditions and any applicable special conditions.
8. OUR LIABILITY TO THESE TERMS AND CONDITIONS
8.1 Our liability for losses incurred as a result of our breaking of this contract is strictly limited to the purchase price of the coach journey you purchased.
8.2 Clause 8.1 does not include or in any way limit our liability for;
(i) death or personal injury caused by our negligence
(ii) fraud or fraudulent misrepresentation
(iii) any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
8.3 We are not responsible for indirect or consequential losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings; loss of or corruption to data,
however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
9. LUGGAGE
9.1 For safety reasons there are restrictions on what passenger property can be carried as Luggage on a vehicle. The Customer must advise Euro City Express Limited in advance of any unusual items which passengers may wish to bring as Luggage. The Customer shall be deemed to be aware of any Luggage restrictions which may be imposed from time to time by Euro City Express Limited and which are published on the Website. At all times whether and to what extent Luggage can be carried shall be at the sole discretion of Euro City Express Limited and the Driver.
9.2 The following items are all prohibited from being carried on our services:
any weapons, drugs or solvents (other than medicines), live or dead animals, fish or insects, battery powered wheelchairs / disabled scooters, prams, non folding pushchairs, non-folding bicycles, surfboards, or 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.
9.2.1 If you are found to have any of these items and attempt to put them on board the vehicle, we may remove them from the coach immediately on discovery, and leave them outside the coach, wherever they may be situated. If you have any doubts as to whether we will carry any particular item, you should obtain our written confirmation before purchasing your ticket.
9.3 Euro City Express Limited will take every reasonable precaution to prevent loss or damage to any item of a Customer's Luggage. All Luggage carried will be entirely at the Customer's risk and Euro City Express Limited accepts no liability whatsoever for loss or damage to such Luggage howsoever caused. The Customer should ensure it and members of the Customer's Party (as appropriate) have their own appropriate travel insurance to cover such loss or damage.
9.4 You are allowed to take onto a Service one suitcase or medium sized rucksack or holdall, one small piece of hand luggage and one set of Ski's / snowboard. It is your responsibility to ensure that your Luggage is correctly loaded and unloaded at each destination. You are responsible for your Luggage and personal belongings. We will not be responsible for any Luggage or personal belongings left behind on any journeys irrespective of the circumstances. Euro City Express Limited staff are available at most areas of departure and arrival and will give reasonable assistance when it is operationally viable and does not break any Health and Safety regulations or Safe Working Procedures.
9.5 You must pack all of your 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.
9.6 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.
9.7 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.
9.8 It is your responsibility to see your Luggage put on and taken off the coach including any Luggage stored in the hold of a coach. You must look after your Luggage at all times, including at any arrival or departure point and your hand luggage whilst on a coach.
9.9 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.
10. LOST PROPERTY
10.1 The individual Coach Operators will keep hold of any items left on a vehicle and Euro City Express Limited will use reasonable endeavours to facilitate the return of these lost items. These items will be subject to any current Public Service Vehicle (lost property) regulations.
10.2 If we agree to carry any particular Luggage on any journey this does not mean that we have agreed to carry that Luggage on any subsequent journey you make.
11. OUR LIABILITY FOR LOST LUGGAGE AND PROPERTY
11.1 If you leave behind or lose any of your Luggage on a coach or at an arrival or departure location we shall take reasonable care of that Luggage. 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 and any carriage costs for the storage and return of your lost Luggage.
11.2 You will have 30 days to collect any lost or left Luggage from the date of our receiving the item(s). After this time period has elapsed we shall be entitled to dispose of your Luggage in any way we choose. We shall be entitled to keep any sale proceeds if these items are sold.
11.3 Euro City Express Limited will examine any left or lost Luggage. If we consider any of the items to be dangerous or unsuitable for storage, we shall be entitled to dispose of those items.
11.4 Customer's responsibilities: If you find any left or lost Luggage belonging to another person, you must hand it over to a member of staff immediately. If you find any left or lost Luggage or property on a coach you should hand it over to the Coach Driver where possible.
11.5 If you lose any of your Luggage or property or any of your luggage or property is damaged during a journey on a Euro City Express Limited service you must notify a member of our staff as soon as possible. You must confirm any loss or damage of your Luggage or property within 48 hours after the end of your journey by contacting Euro City Express Limited using the details on the website. If you do not notify us of any loss or damage to your Luggage or property within the required time period then we will not be liable for that loss or damage.
11.6 Your Luggage is carried on any service at your own risk at all times. We will not be liable for any loss or damage to your Luggage or property unless caused by our negligence. This includes deliberate or negligent acts of any of our employees or representatives or any deliberate breach of these terms and conditions. Our maximum liability to you for any loss or damage to your Luggage or property is limited to £200 (Two Hundred Pounds Sterling). Euro City Express Limited advises all customers to insure their own Luggage and property against any loss of damage.
12 THE JOURNEY
12.1 Departure:
12.1.1 The Customer is responsible for ensuring that they meet any service for which they have a valid ticket for travel at the stated boarding point and for disembarking the Service at the correct booked destination point.
12.1.2 All Customers should arrive at the departure location no later than 30 minutes prior to the scheduled departure time as stated on the ticket/booking confirmation. If the Customer arrives after the scheduled departure time Euro City Express Limited may give your seat to another Customer, in which case you will be considered to have missed the Service. We shall not be liable to you if you miss any Service as a result of your late arrival, and shall not be obliged to hold up any Service to wait for you, or to provide a seat on any other Service, if you miss a Service.
12.1.3 The published scheduled departure times of any Service are only stated approximately and although we will use reasonable endeavours to minimise any disruption to your journey, we will not be liable if any Service arrives or departs later than the scheduled times.
12.2 Journey Breaks:
12.2.1 It is at the discretion of Euro City Express Limited staff and the Driver if the coach makes a comfort break en route to the destination.
12.2.2 If a break is included on a journey then it is the responsibility of the Customer to return to the vehicle punctually within the time allowed. If in doubt it is the Customer's responsibility to speak to an Euro City Express Limited representative or the Driver to ascertain the time by which they must return to the vehicle. We shall not be obliged to wait for any Customers returning late to the vehicle and we shall not be liable to you if you miss the coach as a result. We will not reimburse any additional costs you may incur as a result of you missing the coach.
12.2.3 You may not join or leave a Service except at the stated departure and arrival points on the ticket of travel, except for any comfort breaks deemed necessary by a Euro City Express Limited representative or the Coach Driver.
12.3 Passenger conduct and behaviour
12.3.1 The Driver has overall and sole responsibility for the safety of the vehicle at all times. The Driver may eject any passenger from the vehicle at the closest safe location if they believe their behaviour may risk the safety of themselves or other passengers or is in breach of Public Service Vehicle (conduct of drivers, inspectors, conductors and passengers) Regulations 1990. The Driver may refuse to allow a passenger to board the Vehicle or eject them from the Vehicle if in his sole discretion he considers them unfit to travel for whatever reason (for example, being drunk or abusive). The Driver may refuse to continue a journey if in his sole discretion he considers any passenger to be behaving in such a way as may put the safety of other persons and/or the contents of the Vehicle and/or the Vehicle itself at risk.
12.3.2 All Customers shall behave in a reasonable, sensible and lawful manner whilst on the vehicle and always consider the comfort of other passengers. You shall not:
(i) Be abusive or threatening to any staff or any other person;
(iii) Conduct yourself in a way which may endanger yourself, any vehicle, or any person or property on board any vehicle;
(iv) Obstruct any Driver or other member of staff in the performance of their duties or fail to comply with their instructions;
(v) Behave in a manner which causes discomfort, inconvenience, damage or injury to other persons;
(vi) Obstruct or allow any of your Luggage to obstruct any aisle or emergency exit;
(vii) Play any musical instruments or music or electronic devices that are audible and distracting to any other person without our prior consent;
(viii) Consume or take any alcoholic drinks or drugs (other than medicines) onto a vehicle;
(ix) Board any coach whilst under the influence or alcoholic drink or drugs;
(x) Smoke;
(xi) Board any coach whilst you are seriously ill or suffering from any serious contagious illness.
12.3.3 If you fail to comply with any of the behaviour rules above, or we have reason to believe your conduct is likely to breach any of these behaviour rules, we shall cancel your booking 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 or personnel.
12.3.4 Whilst we will use reasonable efforts to control the behaviour of other passengers on a coach or at a departure or arrival location, we will not be liable to you for any act or omission of any other passenger on the vehicle.
12.3.5 Customers are welcome to bring on board the coach hot drinks, provided they are fitted with a safety lid to avoid spillage, cold non alcoholic drinks and cold food.
12.3.6 Any young traveller under the age of 16 years must be accompanied by a passenger aged 18 years or over whilst travelling.
13. SAFETY
13.1 Euro City Express Limited takes very seriously all Health and Safety issues relating to each aspect of the provision of transport services. Passengers must listen to instruction and advice from Operational staff and Drivers at all times, which are given out for the safety of everyone involved.
13.2 To comply with law, you must wear, where provided, a seatbelt at all times whilst seated.
13.3 Euro City Express Limited may not legally carry more passengers than the maximum seating capacity allows.
14. INSURANCE
14.1 Travel insurance is not included in the cost of any ticket purchased from Euro City Express Limited on any service.
14.2 Snow Express strongly recommends that every passenger has adequate travel insurance for their journey. We consider this to be essential for your trip.
15. PRICES
15.1 All Euro City Express Limited prices are subject to variation. We strive to offer best value fares to our Customers at all times. On some occasions, after the Customer has booked their ticket, Euro City Express Limited reserves the right to pass on increases in the cost of fuel or taxes imposed by the Government of the UK. Should the passenger then wish to cancel the booking they must follow the Euro City Express Limited refund terms (as set out in Clause 16)
15.2 Euro City Express Limited accepts payments online and through agents at the time of booking. No other form of payment for the booking of tickets is available to Customers unless agreed in advance in writing with the company.
16. REFUNDS
These refund terms and conditions apply to a coach travel tickets.
16.1 You are not entitled to cancel your ticket, and we shall not be obliged to refund you any fare for your ticket in any circumstances, except for any refunds expressly allowed in these Terms and Conditions, in any Special Conditions or subject to any situation deemed reasonable by Euro City Express Limited.
16.2 If you, the Customer, need to cancel your booking, you can do so via the contact details stated on the Euro City Express Limited website.
16.3 If applicable, we will usually refund any money received from you using the same method originally used by you to pay for your purchase.
16.4 All ticket cancellations and refund claims must be made through the Euro City Express Limited Website and the contact details shown on the Website.
16.5 Refund rules: Where we are obliged to provide a refund we will only fulfil this following these conditions:
16.5.1 You must make a claim for the refund: either the person named on the ticket or whose details were used to pay for the ticket must make the claim. Where required you must provide reasonable proof of your identity and the purchase. If the ticket purchased includes more than one person, the refund claim must be made by all of those persons at the same time. You are only entitled to a refund if you have paid the fare which is being refunded.
16.5.2 How to make the claim: In order to receive any refund you must contact Euro City Express Limited using the details supplied on the website.
16.5.3 You must return your ticket when making your claim for a refund, you must return your ticket to us no later than 14 days after you cancelled your ticket and made your claim for a refund. We will not be obliged to give you a refund until we have received your ticket.
16.5.4 Administration fee: Euro City Express Limited reserves the right to charge an Administration Fee when giving a refund. This charge will differ depending on the ticket type and individual case and will be decided upon by Euro City Express Limited. If Euro City Express Limited are giving a refund and cancelling your ticket because of our cancellation or withdrawal of a service we reserve the right to deduct an administration fee but will strive to keep this to a minimum level.
16.5.5 After the refund has been made: After issuing a refund, your ticket will then be cancelled and we shall have no further obligation to carry you under that ticket.
16.6 No refunds will be made to the Customer for any booking, credit or debit card, transaction or postage fees that were charged at the time of purchase. Any applicable refunds shall be for the face value of the coach ticket only, unless expressly detailed within these terms and conditions.
17. TICKET TRANSFER AND AMENDMENTS
17.1 All tickets for travel on a service provided by Euro City Express Limited and booked through snowexpress.co.uk are non-amendable and non-transferable. It is the Customer's responsibility to ensure the journey details are correct at the time of booking. The passenger name and journey details can not be changed after the booking has been made and the booking confirmation has been sent. If entry to the coach is refused by the Driver or a member of staff due to the details on the ticket being incorrect then we accept no liability for any Customer missing the service, any costs that may then be incurred and no refund will be available.
17.2 At our sole discretion, if we do amend a ticket, a £20 admin fee will apply, plus any increase in the cost of the journey. There will be no refunds for tickets being changed to journeys of a lower value. The new ticket will not be be refundable at any time
17.3 Your return ticket is no longer valid if you do not travel on your outward journey. Where you have changed your travel arrangements without our agreement and the price for the resulting journey is more than originally paid, you will be requested to pay the increase in fare along with an amendment fee. Failure to pay the price applicable to your revised journey will result in your ticket being cancelled and refusal of carriage.
18. DELIVERY POLICY
18.1 All Euro City Express Limited coach tickets are in the form of e-tickets and are sent to the Customer via e-mail. The Customer must provide a valid e-mail address at the time of purchase. Euro City Express Limited accept no responsibility for tickets sent to invalid e-mail accounts which are provided by the Customer at the time of purchase. It is the Customer's responsibility to ensure they provide a correct e-mail address at the time of purchase.
18.2 It is the Customer's responsibility to print out the e-ticket and carry the ticket with them at all times during the journey. Euro City Express Limited reserves the right to refuse travel to any person without a valid ticket.
19. COMPLAINTS AND COMMENDATIONS
19.1 If a Customer wishes to complain for any reason they must contact either a member of staff on the site of operation or the company via the details on the website. Euro City Express Limited staff will attempt to resolve any complaint at the time but if this is not possible Customers will be asked to contact the company directly at a later date. Euro City Express Limited will assess each complaint on an individual case basis and will respond to the Customer within 30 days of receipt of the complaint.
19.2 Euro City Express Limited is always happy to receive commendations for the service it provides. These can be sent to the company via the website.
20. GENERAL TERMS AND CONDITIONS
20.1 Governing Law: Our contract for your carriage through Euro City Express Limited or through any Third Party Carrier organised by Euro City Express Limited and your ticket shall be governed by English and Welsh law, and the English and Welsh courts shall have exclusive jurisdiction.
20.2 Severability: Each of the provisions of these Terms and Conditions shall be separate and severable. If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term or condition will to that extent be severed from the remaining terms and conditions. The remaining provisions of these Terms and Conditions 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.
If any invalid, unenforceable or unlawful provision would be valid, enforceable or lawful if some part of it were deleted, that provision will apply with whatever modification is necessary to make it valid, enforceable and lawful.
21. YOUR PERSONAL DATA:
Euro City Express Limited may keep a record of your personal data and travel documents. These may be used by us to administer your ticket, purchase any tickets required from Third Party Carriers for the booked journey, exercising any rights under your contract with us, these Terms and Conditions and any special conditions and ensuring we comply with any legal obligations. We may have to provide data to government agencies or other persons or organisations associated to your travel. We may also disclose your personal details to our own staff, sub-contractors and Third Party Carriers. By accepting these terms and conditions you consent to this receipt, use, disclosure and transfer of your personal data.
Further information on the ways in which Euro City Express Limited protects and uses your personal data can be found in our Privacy Policy on the website.
22. AMENDMENTS AND WAIVERS:
None of our employees or representatives has authority to alter, modify or waive any provision of these terms and conditions or any applicable special conditions.
23. THIRD PARTY RIGHTS:
Unless otherwise stated in these terms and conditions, no person other than you and us shall have the benefit of or be entitled to rely upon or enforce any term of these terms and conditions or any other term of the contract to carry you and the Contracts (Rights of Third Parties) Act 1999 shall not apply.
24. NOTICES
All Notices given by you to us must be given to Euro City Express Limited using the contact details on www.snowexpress.co.uk or to our registered company address.
We may give notice to you at either the e-mail or postal address you provide to us when making a booking, or by posting a Notice on our website. Notice will be deemed received and properly served immediately when posted on our website, one hour after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
25. CONTACT US
If you would like to contact us at Euro City Express Limited then please do so via the details on our website -www.snowexpress.co.uk, or by post to our registered company address 45 Redwood Glade, Leighton Buzzard, LU7 3JT