Aberexpress.co.uk is an exclusive student coach facility developed to cater exclusively for Aberystwyth University students.
These Conditions of Carriage are the conditions on which aberexpress.co.uk, a trading name of Philip Moore Transport Limited, carry any person and their luggage. These conditions apply to each ticket issued and each contract to carry any person entered into by aberexpress.co.uk. Any person who travels on a aberexpress.co.uk service shall be considered to have agreed to be carried on these Conditions of Carriage.
In these Conditions of Carriage, the following words shall have the following meanings:-
“coach” means the vehicle 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 on to a coach or to any boarding/alighting point, including any property carried on your person;
“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 by a timetable published by us;
“ticket” means any ticket issued by us, which sets out our agreement to carry or arrange for the carriage of any person including the services on which travel is permitted and the fare payable;
“we”, “us” & “our”
refers to aberexpress.co.uk, a trading name of Philip Moore Transport Limited, a company registered in England and Wales as number 5328425 at Cefn House, Deytheur, Llansantffraid, Powys, SY22 6TF;
“working day” means a day other than a Saturday or Sunday 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.
We agree to carry you and your luggage on the journey permitted by your ticket, on and subject to these Conditions of Carriage. Your ticket is a record of our agreement to carry you or arrange for your carriage. Your ticket is our property, and shall be returned to us on request. If your ticket was purchased by someone else, you agree that that person purchased the ticket as your agent. All tickets are non-transferable on the day of travel set out on the ticket.
Your ticket permits your to make the journeys and travel on the services stated on the ticket, subject to any restrictions or statements as to the services and dates on which you may travel set out on the ticket. Travel at any other time is not permitted. Your ticket is our property at all times and if a ticket is defaced, damaged or tampered with it is not valid for travel. In such circumstances and also in the event of loss of a ticket, we reserve the right to refuse to issue a replacement ticket. If we exercise this right, we will notify you within 7 days of the refusal setting out the reason for doing so.
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. One child under 3 years of age and not accompanying a seat may travel free if accompanied by a full fare paying passenger over the age of 16.
As we use sub-contracted carriers for our services, and you do not have a contract with that carrier, then the carriage shall be considered to have been provided by the carrier on our behalf as our sub-contractor, and these Conditions of Carriage shall apply.
If you have a separate contract of carriage with any 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 had a separate contract with that carrier) then our liability to you shall be as if we had carried you on and subject to these Conditions of Carriage and that carrier were our sub-contractor. During your journey you shall owe your obligations under these Conditions of Carriage to the 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 Conditions of Carriage.
You must check your ticket for errors as soon as you receive it. Where your ticket is delivered to you by post or any other method, then you must inform us of any errors no later than 2 working days after you receive the ticket and in any event prior to the stated departure time of the service.
You must travel with your ticket on our services 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 a ticket when asked, or travel with a ticket that is not valid for that service, or you travel in breach of the Conditions of Carriage then you will be considered to have travelled without a ticket.
We will not allow you to board a service if you do not have a valid ticket. If you do travel on a service without a valid ticket, you shall leave the service when asked, and we may remove you from the coach if you refuse.
All tickets are sold in advance, none is able to purchased on the day of travel. You are responsible for the care of your ticket. We will not be obliged to replace your ticket if it is lost, mislaid or stolen. You will be required to purchase a new ticket to enable you to travel.
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. If your ticket is spoiled or tampered with before your date of travel, then we may replace your ticket if you ask for a replacement and a reasonable time before you travel, and you provide us with proof of your purchase, your identity and a reasonable explanation as to why your ticket was spoiled or tampered with. We may refuse to replace your ticket if it is reasonable to do so. We will charge you a reasonable administration fee for replacing your ticket.
You are responsible for making sure that you meet any service on which you are travelling at the relevant boarding point and for alighting at the right destination.
You should arrive at the boarding point at least 15 minutes before the timetabled departure time of that service.
We may give the your seat to another passenger if you arrive later than the scheduled departure time, 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 delay any service to wait for you, or provide a seat on any other service, if you miss a service.
You must allow plenty of time for a service to arrive in time to connect with any other service, whether provided by us or not.
In the unlikely event that you have to change from one coach to another, you will be responsible for transferring yourself and your luggage between coaches.
You are required by law to wear seatbelts provided at all times while seated. This also applies to wheelchairs. It is your responsibility to comply with this requirement.
If on a journey a comfort break is made for toilets and/or refreshments, you must return to the coach punctually within the time stated by the driver. We shall not be obliged to delay the coach to wait for you. We will not reimburse any additional costs you may incur as a result of you missing the coach.
You may not board or leave a service except at the starting or finishing point of your journey, except for when a comfort break is made as detailed previously. Should you have to leave a service in the event of illness, we will, at our discretion, arrange for onward travel with any additional costs being met by you, after you become fit to travel again.
In the event of an emergency we recommend that you notify your driver of the situation, who will be able to contact us.
If you fail in a material respect to comply with any condition that governs your ticket, we may cancel the ticket and refuse you further carriage, without any obligation to refund the fare or other liability to you.
We are obliged to carry you and your permitted luggage on the journeys permitted by your ticket, on and subject to the Conditions of Carriage. We will make reasonable efforts to carry you with the minimum of discomfort and inconvenience.
Wheelchair accessible coaches are available, however space is limited to one wheelchair per coach and notification at time of booking is essential. Wheelchairs must be no larger than 120 x 70 cms. in size and being capable of being fully secured within the coach.
No animals are able to be carried aboard our services, with the exception of guide dogs and hearing dogs.
The published service timetables are only stated approximately, however we will make every reasonable effort to keep to them. In the event of a cancellation or significant delay, we will notify you as soon as reasonably practicable. We reserve the right to alter any timetables or suspend or cancel services without notice whether before or after your booking, and to substitute an alternative service.
Should a service be cancelled or withdrawn our liability is limited to these Conditions of Carriage. Outside these limits, we shall not be liable for any loss, damage, liability, or cost suffered by you as a result of any cancellation, withdrawal, delay or termination of any service. If we cancel or withdraw a service before it has commenced and you have not made a booking, we shall have no liability to you. If you have a booking and a service is cancelled or withdrawn, other than due to a circumstance beyond our reasonable control, our liability will give us the option to carry you on another service with available seats or cancel your booking, refunding the full fare if no travel has taken place or 50% of the fare if the outward part of a return ticket has been used. Should a service upon which you are booked has commenced and is terminated before your destination, other than a reason outside our control, our liability will allow us to make suitable alternative arrangements to carry you to the destination stated on your ticket. This arrangement may involve transport by another service, carrier, coach, bus, train or taxi, which you shall not unreasonably refuse. All of these alternatives may lack the advertised on-board facilities of your original vehicle.
We shall have no liability for any delay of failure to carry you, or for breach of contract, where caused by a circumstance beyond our reasonable control. Examples of circumstances beyond our reasonable control include, and are not limited to: unforeseen traffic delays, accidents causing delays on the service route, severe weather conditions, compliance with requests of police, customs or other government officials and security services, vandalism, riot, local disturbance, terrorism, war, death, industrial action, problems caused by other passengers, bankruptcy, insolvency or cessation of trade of any carrier used by us, fire or damage at a boarding/alighting point and circumstances affecting passenger safety.
Our maximum liability to you for any reasonable or foreseeable loss, damage, liability which you may suffer or incur as a result of our failure to carry you, our delay in carrying 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 staff, agents or sub-contractors, shall be limited to an aggregate of £1000. Included in this aggregate amount is our liability for loss or damage to your luggage caused by our negligence, as per the reasons above, however the maximum liability in this instance is £500.
Your luggage is at your risk at all times, our recommendation is that you 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.
We do not exclude or limit our liability for death or personal injury resulting from our negligence, nor your statutory rights, where you deal as a consumer.
You are not entitled to cancel your booking for a refund. However for either a single or return ticket, a full refund, less an administration fee of £10, will be made subject to all criteria allowed and detailed below by these Conditions of Carriage being met:
Cancellations made leading to claims for refund must be made at least 72 hours before departure time of the outward journey on your ticket. If for a medical reason, you are unable to make a cancellation over 72 hours prior to departure and can provide proof of your inability to travel, such as a medical certificate, the full refund less administration fee will be made;
If the coach you were booked on is cancelled, you may claim a full refund if the ticket is unused or a 50% refund if the outward portion has been used;
You must make the claim for a refund yourself, notifying by e-mail via our Contact Page or in writing to aberexpress.co.uk, Cefn House, Deytheur, Llansantffraid, Powys, SY22 6TF. If asked you most produce reasonable proof of your identity and purchase. If you have had your ticket purchased through a block booking, the refund can only be made to the buyer of the ticket.
The claim for a refund must be notified within the time limits, and the ticket and any supporting documentation must be returned to the address given above within 14 days after the date upon your cancellation was made. We recommend that tickets are returned by recorded delivery to eliminate any problems caused by a loss in the post.
If a cancellation or claim for refund is made, then your ticket will be cancelled and we shall have no further obligation to carry you under that ticket.
We will carry your luggage on and subject to these Conditions of Carriage. You are allowed to take onto a service one large suitcase or rucksack (no more than 20kg per item) and small pieces of hand luggage. We require hand luggage to be able to be stowed on overhead luggage racks or beneath the seats of the coach saloon. We shall have no obligation to carry luggage in excess of the permitted amount and will only do so where space permits. Collapsible and battery powered wheelchairs can be accommodated but notification of their inclusion as part of your luggage must be made when booking. Fragile items will only be carried if they are of reasonable dimensions and securely packaged. As detailed in Clause 5 previously, your luggage is carried at your risk at all times. Our recommendation is that you insure your luggage. Drivers will load your luggage on and off coaches except where in the reasonable opinion of the driver, any item of our luggage exceeds 20kgs, whereby you will be responsible for lifting that item of luggage on or off the coach.
We are not obliged to carry any of the following items of luggage and you may not bring them onto any coach saloon or luggage locker/boot: any weapons, explosives, solvents, drugs (except medicines) live or dead animals, fish or insects, frozen items, bicycles, any items which are in our opinion unsafe or may cause damage to other luggage through weight, size, shape, character or items with sharp or protruding edges. If you take any of these items onto a coach, we will advise you and remove them from the coach immediately on discovery and leave them outside the coach wherever they or the coach may be situated. If you have any doubts about the suitability of any of your luggage, you must contact us at least 24 hours before your departure.
You must pack all your luggage safely and securely, fastening and locking 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 should be clearly labelled with your name and destination. We will not be obliged to carry any luggage that has not been properly packed or labelled. We reserve the right to involve the Police if we feel there are any security or safety issues.
All luggage other than hand luggage will be stored in the coach boot/luggage locker and not in the passenger saloon. Although drivers will load/unload luggage, except where there is a weight problem as described above, it is your responsibility to ensure that your luggage is put on and taken off the coach.
Small, valuable items must be carried as hand luggage. Such items we would include as money, medication, jewellery, precious metals, laptop computers, personal electronic devices, passports, tickets and identification papers. You must also look after your hand luggage at all times.
If you leave behind any luggage on a coach, we will take reasonable care of it. All storage will be at your risk and we may charge a reasonable administration fee for the storage and return of your luggage. If you have not collected your lost luggage within 1 month of our receiving or finding it, we may dispose of your luggage in any manner we wish, including by destruction 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 that we consider dangerous or perishable or otherwise unsuitable for storage, we shall be entitled to dispose of those perishable items within 48 hours of our receiving or finding such items. If you find any property of any other person on any coach you must hand it over to your driver immediately.
If during your journey you should lose any of your luggage or it becomes damaged you must in the first instance notify your driver. You should then within 48 hours of the end of your journey, write and confirm your loss to us at aberexpress.co.uk, Cefn House, Deytheur, Llansantffraid, Powys, SY22 6TF or email us at our Contact Page. If you do not notify us as required, then we will not be liable for that loss or damage. Our liability for loss or damaged has been detailed previously in Clause 5.
You shall conduct yourself in a reasonable, sensible, safe and lawful manner on all our services, boarding and alighting points, complying with any requests from staff and drivers concerning the availability of seats for disabled passengers. Mobile phones and personal entertainment systems must be used considerately with the comfort of other passengers in mind.
You shall not be abusive or threatening to any member of staff or any other person, obstruct any driver or staff as they go about their duties or fail to comply with there instructions. There will be no manner of behaviour tolerated which causes discomfort, inconvenience, damage or injury to other persons or their property. Neither must there be any obstruction either by you or your luggage to any aisle or emergency exit.
The consumption of alcohol or hot, greasy or pungent food is not permitted on any vehicle. Smoking or the taking of drugs (other than medicines) prohibited by law.
If you are under the influence of drink or drugs at any time on your journey, you will be removed from the service immediately, with or without your luggage. In this instance left luggage will be stored and returned to you at your expense.
If you are seriously ill or suffering from any contagious illness, you must not board the service, in which case we recommend you apply for a refund following the procedure detailed in Clause 6.
Furthermore each sub-contractor may impose further rules of behaviour to supersede these on their vehicles which you shall also comply with.
The driver must not be distracted while your vehicle is in motion.
If you fail to comply with any of the behaviour rules or we have reason to believe you may continue any conduct in breach of those 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 shall also involve the Police. 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.
Your ticket, the contract with us to carry you, and any carriage that we provide shall be governed by English law and the English courts shall have exclusive jurisdiction. Each of the provisions of these Conditions of Carriage shall be separate and severable. Should any provision be unenforceable or invalid, it shall be severed from these Conditions of Carriage and the remaining provisions 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. Your personal data, including details and copies of your travel documentation, given to us by you may be kept on record by us and used for the purposes of administering your ticket, and performing and exercising any rights under your carriage contract with us, these Conditions of Carriage, 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 such people. In purchasing a ticket from us, you consent to this receipt, use, disclosure and transfer of your personal data. None of our staff or sub-contractors has authority to alter, modify or waive any provision of these Conditions of Carriage. Unless otherwise stated in these 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 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.
