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Festaxi Ltd - Conditions of Carriage

1.     Preliminary

We welcome You and hope that You enjoy a safe and comfortable journey with Us.

On buying a Ticket to travel with Us, You enter into an agreement with Us. Your attention is drawn to the terms and conditions set out in these Conditions which must be observed at all times. These Conditions set out Your rights and duties as a Passenger of Ours.

In travelling on Our Vehicles, You are deemed to have agreed to these Conditions. These Conditions replace all previous editions, and may be amended by Us at any time without notice to You.

2. Interpretation

2.1. In these Conditions:

‘We’, ‘Us’, ‘Our’, ‘the Company' means Festaxi Ltd, a company registered in England and Wales under company number 07448084 whose registered office is at 12 Gilbert Road, Cambridge CB4 3PF

‘Conditions’ means these Conditions of Carriage for the Company as amended from time to time

‘Designated Stop’ means each of the places at the Event designated by Us as points for boarding and alighting a Vehicle

‘Driver’ means a person who is engaged by Us and who is for the time being responsible for driving the Vehicle

‘Event’ means the festival, event or other occasion in respect of which a Ticket is issued

‘Fare Stage’ means a point from and to which a Fare is charged

‘Fares’ means the charges from time to time published by Us for the Service at the Event

‘Fare-table’ means Our published table of Fares as amended from time to time

‘Passenger’, ‘You’ any passenger holding a Ticket or Tickets

‘Regulations’ means any relevant legislative enactments from time to time applicable to the Service

‘Service’ means the provision of Passenger transportation at the Event

‘Stand’ means the stand or pitch taken by Us at the Event and usually located in the “village” or other focal point

‘Ticket’ means the card, permit or voucher in the form used by Us from time to time, in accordance with and subject to these Conditions, which constitutes a valid authority to travel on a Vehicle at the Event

‘Timetables’ means the timetables operated by Our Vehicles upon the routes at the Event, as published by Us from time to time

‘Vehicle’ means a vehicle used by Us at the Event

3. Basis of Carriage

3.1. Passengers are carried subject to the provisions of all applicable Regulations. Although We make every effort to maintain the Service as shown in the Timetables, We reserve the right to alter, suspend, withdraw or vary the route of any Vehicle or Service and to alter any operating times of the Service without giving You prior notice.
3.2. We do not undertake that Our Vehicles shall operate a Service at the time set out in the Timetables or at all, nor that Our Vehicles arrive at the times specified in the Timetables, or at all.

4. Liability for Loss, Damage or Delay

4.1. Nothing in these Conditions shall limit or exclude Our liability for:

4.1.1.death or personal injury caused by Our negligence, or the negligence of Our employees, agents or duly authorised representatives; or

4.1.2.fraud or fraudulent misrepresentation.

4.2. Subject to Condition 4.1, We shall not be liable to You:

4.2.1.for death, personal injury or any other loss, damage, delay or loss of or misdelivery of or damage or delay to property provided that We shall not be relieved from liability for such loss, misdelivery or damage which You shall prove was caused by Our negligence or the negligence of Our employees, agents or duly authorised representatives;

4.2.2.where You have acted fraudulently;

4.2.3.for any loss or damage arising whether directly or indirectly from the failure of Our advertised or scheduled Services to start or arrive at the time specified or at all nor shall We be liable for any loss or damage arising either directly or indirectly as a result of deviation or variation of route or any breakdown arising from any cause whatsoever.

4.3. For safety reasons, You must only board or alight from the Vehicle at a Designated Stop. If You attempt to enter or alight from any Vehicle which is not stationary at a Designated Stop You do so at Your own risk.

5. Tickets - where applicable

5.1. Tickets may be issued for specific Events and cannot be used at other Events.

5.2. Tickets are issued pre-paid at the Stand or may be bought online and collected at the Stand. Drivers can accept cash, but will not accept cheques, or credit or debit cards.

5.3. Tickets may be bought by one Passenger and given to or used by another Passenger but cannot be resold whether at full price or any other price whether higher or lower.

5.4. All Passengers are responsible for ensuring that they buy and retain/obtain a Ticket prior to boarding a Vehicle.

5.5. All Tickets must be presented by the Passenger to the Driver or any other of Our authorised representative of Our upon request. Tickets will be stamped or marked to show that they have been used on a journey. If a valid Ticket showing sufficient unused portions of the journey is not produced, the Passenger will be required to leave the Vehicle.

5.6. Tickets must be retained in an undamaged condition. We may decline to accept any mutilated or damaged tickets. We may, in Our absolute discretion, decline to issue or renew a ticket or card for any reason whatsoever.

5.7. You are not entitled to a refund in respect of an unused portion of a Ticket. We will, in Our absolute discretion, consider an application for a refund if a Ticket is surrendered after the end of the Event or made within 30 days after the Event.

5.8. The use of any Tickets contrary to these Conditions renders the user liable to the forfeiture of the Ticket and action by Us to recover Our losses.

6. Fares

6.1. Full details of Fares may be set out in the Fare-table, which is available for inspection at the Stand.

6.2. You are liable to pay for any journey made on any Vehicle at the Fares set out in the Fare-table.

6.3. If You consider that an incorrect Fare has been charged, We shall not be obliged to act upon Your complaint unless the dispute has been raised with the Driver (who shall raise Your complaint with direct management as soon as reasonably practicable) at the time the Ticket is used.

6.4. Where Fares are arranged in stages, Passengers boarding a Vehicle at a point between stages will be charged the Fare appropriate from the previous stage. Passengers alighting between stages will be charged as if they were travelling to the next stage.

7. Your Conduct

7.1. You shall not:

7.1.1.use offensive language or behave in a manner which may reasonably be expected to cause any other persons to be alarmed, upset, threatened or offended;

7.1.2.behave in a manner which may reasonably be expected to result in loss, injury or damage to property or persons;

7.1.3.enter or alight from the Vehicle otherwise than by the doors or openings provided for the purpose;

7.1.4.attempt to enter or alight from the Vehicle whilst the Vehicle is in motion;

7.1.5.remain standing in the Vehicle whilst the Vehicle is in motion;

7.1.6.attempt to enter or alight from the Vehicle when the Vehicle is stationary for any purpose, other than its having been stopped by its Driver to allow Passengers to board and alight, or the Passenger having been specifically requested to so board or alight by the Driver or any Company official;

7.1.7.put at risk or unreasonably obstruct, impede or cause discomfort to Passengers, the Driver or any other person travelling, entering or alighting from the Vehicle;

7.1.8.intentionally interfere with any part of the Vehicle or equipment with which the Vehicle is fitted;

7.1.9.speak to the Driver whilst the Vehicle is in motion unless it is necessary to do so in an emergency, for reasons of safety or in order to give directions as to the stopping of the Vehicle;

7.1.10. without reasonable cause, distract the Driver's attention, obstruct his vision or give any signal which might be interpreted by the Driver as a signal to stop the Vehicle in an emergency or to start the Vehicle;

7.1.11. distribute printed or similar matter of any description or distribute any item for the purpose of advertising, when on the Vehicle;

7.1.12. intentionally remove, displace, deface or alter any number plate, notice board, notice or advertisement on the Vehicle;

7.1.13. play music out loud or make any excessive noise by singing, shouting or otherwise, in a manner which is in Our opinion likely to cause annoyance to other persons when on the Vehicle;

7.1.14. throw any article from the Vehicle or attach to or trail from the Vehicle any streamer, balloon, flag or other article;

7.1.15. smoke, carry a lighted pipe, cigar or cigarette or light a match or cigarette lighter on the Vehicle;

7.1.16. beg, sell or offer for sale any article except with the permission of the Company when on the Vehicle;

7.1.17. enter or remain on the Vehicle when requested not to do so by the Driver or any of our authorised representatives at their absolute discretion;

7.1.18. consume food or drink on Vehicles;

7.1.19. otherwise distract the Driver's attention or obstruct his vision without reasonable cause.

7.2. Passengers acting in contravention of any of Conditions 7.1.1 to 7.1.19 (inclusive) do so at their own risk and any Passenger contravening any of the prohibitions in 7.1 above may be removed from any Vehicle by the Driver or, on the request of the Driver, by any of Our authorised representatives or police constable.

7.3. Passengers causing a nuisance or inconvenience to any person travelling on, boarding or alighting the Vehicle, including a Driver or other authorised representative, may be refused entry or may be removed from or directed to leave the Vehicle at the Driver’s or Our official’s sole discretion, in which case We accept no liability and no refunds shall be made. Passengers causing a nuisance or inconvenience will be liable for any costs incurred by Us or by other Passengers as a result of such nuisance or inconvenience.

8. Boarding, Alighting and Stopping Places

8.1. Vehicles will stop to pick up and set down Passengers at points defined by a Designated Stop sign or as agreed between driver and passenger.

8.2. Stops will not be made on steep hills or on dangerous crossings or at any point where the Driver considers that it would be inappropriate to stop.

9. Animals and Luggage

9.1. We may, at Our discretion, permit dogs and other small domestic animals to be carried if they are accompanied.

9.2. Any animal allowed to board a Vehicle shall be carried at the entire risk of the Passenger and the Passenger shall indemnify Us against any damage, loss or injury whether direct or consequential of whatsoever nature caused as a result of the carriage of the animal. Except in the case of a disabled person accompanied by an assistance dog, a guide or learning dog, the carrying of dog(s) is permitted only in accordance with the instructions of the Driver and Our authorised representatives.

9.3. Animals may not sit on the seats of the Vehicle and unless carried on the lap of a Passenger must be kept on the floor of the Vehicle or otherwise as directed by the Driver.

9.4. The Driver shall be entitled to require the removal of any animal from the Vehicle in the event that it causes inconvenience or offence to other Passengers or distracts the Driver and We shall incur no liability to the Passenger accompanying the animal in that event.

9.5. Passengers who travel with any article described below must comply with the directions of the Driver or Our authorised representative, in respect of where on the Vehicle the article is carried and if requested, must remove the article from the Vehicle. Such articles will include those which:

9.5.1.are bulky or cumbersome;

9.5.2.might be annoying to anyone on the Vehicle;

9.5.3.might cause injury or danger to anyone on the Vehicle;

9.5.4.might damage the Vehicle or the property of someone on the Vehicle.

9.6. We will not be held responsible for property left on board the Vehicle.

9.7. Pushchairs must be folded and placed in the appropriate luggage area at the front of the Vehicle.

10. Lost Property

10.1. Any Passenger finding property left on a Vehicle by another Passenger must hand it to the Driver.

10.2. When lost property is claimed, Our authorised representatives may require the claimant of such property (the “Claimant”) to open any receptacle in which it may be contained and submit the contents to examination for the purpose of establishing ownership, and pay the fee (maximum 2 plus VAT). Additionally, if We forward lost property to a Claimant, the Claimant must pay the costs of post and packaging in advance.

10.3. We will dispose of lost property after one month if:

10.3.1. it is not claimed;

10.3.2. We are not satisfied that the Claimant is the owner of the property; or

10.3.3. the owner refuses to give his/her name and address or pay the fee.

10.4. Perishable property may be destroyed or disposed of in any way within 24 hours if not claimed, or disposed of at any time if it becomes a health and safety risk.

11. General

11.1. These Conditions constitute the entire understanding between You and Us and shall override and exclude any purported variation, whether written or verbal, unless such variation is authorised by Us in writing.

11.2. The restrictions of liability contained in the Conditions are considered by Us to be reasonable in all the circumstances. However, if any of the restrictions are deemed to be invalid by a Court because they go beyond what is reasonable in all the circumstances, but would be valid if part of the wording were deleted and any consequential amendments were made, the restriction shall apply with such modifications as may be necessary to make it valid and effective.

11.3. These Conditions shall only apply to carriage upon the Vehicles and Our liability (if any) shall be limited accordingly.

11.4. Without prejudice to all rights and claims otherwise available to Us, in the event that You breach the Conditions or any other conditions implied or duties owed as a matter of law (however such conditions or duties arise), We have the right to recover compensation for all loss, injury and/or damage suffered by Us or our agents or employees as a result of such breach, including but not limited to costs incurred in repairing or replacing damaged property, and loss of revenue.

11.5. Any Passenger in or on a Vehicle who is reasonably suspected by the Driver or Our authorised representatives of breaching the Conditions shall, on demand, give his name and address to the Driver, authorised representative or any police officer and produce such identification as may reasonably be required to indicate that the details given by him are true.

11.6. Any Passenger breaching the Conditions may be removed from, or asked to leave the Vehicle by the Driver, an authorised representative or any police officer.

11.7. We shall at all times apply and construe the Conditions in accordance with the provisions of the Human Rights Act 1998 as amended from time to time.

11.8. In the Conditions, where the context so requires the masculine shall include the feminine and the singular shall include the plural and vice versa.

12. Customer Relations
Any comments and suggestions in relation to Our operations should be made to: Festaxi Ltd, 12 Gilbert Road, Cambridge CB4 3PF
or customerservices@festaxi.com