Conditions of Carriage

Conditions of Carriage		June 2008
1.	Introduction
2.	Times and operation of bus services
3.	Fares and Tickets
3.1	Payment of Fares
3.2	Standard Charges
3.3	Elderly and Disabled Concessionary Fares
3.4	Children and Young People
3.5	Refunds and Replacements
4.	Passengers
4.1	Conduct of Passengers
4.2	Wheelchair Users and Other Disabled Persons
4.3	Lost Property
4.4	Luggage
4.5	Animals
5.	Force Majeure

1.	Introduction
1.1.1	This document sets out the conditions under which Go North East and or its subsidiary companies (“the Company”) provides bus services and sells tickets for travel on those bus services. It also covers the regulations provided by law which govern the way customers should conduct themselves when using buses.
1.1.2	All tickets issued by the Company are issued subject to the Company’s regulations and conditions as set out in this document. Where such tickets are valid for use on the services of other bus operators, or on railways, passengers are also subject to the regulations and conditions published by those companies when using, or upon, such buses or trains.
1.1.3	Prices are subject to review and the company reserves the right to change prices or charges without notice.
1.1.4	All customer feedback will receive immediate attention if logged with our customer services team who can be contacted on 0845 60 60 2 60, by email at customerservices@gonortheast.co.uk, online at www.simplygo.com or by post to Customer Services, Go North East, Freepost NT2674, Gateshead, NE8 1BR
1.1.5	Timetable and fare information is available from Traveline on 0871 200 22 33 or online at www.simplygo.com.
1.1.6	In these conditions,

	(a)	“An authorised person” is the driver or conductor of any bus, an inspector, or any other Company official or Manager;
	(b)	“Bus” includes any coach or other public service buses as defined in the Public Passenger Vehicles Act 1981;
	(c)	“disability” and “disabled person” are given the meaning defined in the Disability Discrimination Act 1995; and
	(d)	“assistance dog” is given the meaning defined in the Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) (Amendment) Regulations 2002.

2.	Times and operation of bus services
2.1.1	The Company will make every reasonable effort to maintain the services advertised in their timetables and other publicity. Alterations will be made having given proper notice to statutory authorities and to passengers.
2.1.2	The publication of timetables or publicity by the Company, or the issue of a ticket, is not an undertaking that its buses will depart or arrive at the times or places stated, that connections will be maintained, that accommodation will be available on any bus.
2.1.3	The Company will not be liable for any other loss, damage, injury or inconvenience which may (directly or indirectly) be sustained by passengers or third parties in the event of the alteration or cancellation of any journey or service, whether because of breakdown, adverse weather conditions or other adverse circumstances.
3.	Fares and Tickets
3.1	Payment of Fares
3.1.1	The company offers a range of fares and tickets for travel on its services details of which can be found in the company’s literature or website www.simplygo.com.
3.1.2	Passengers must tell the driver the journey they intend to take if requested.
3.1.3	Passengers must pay their fare (where appropriate) to the driver immediately on boarding the bus and take a ticket using money to the exact value of the fare, or as close as practicable thereto and to ensure that upon payment a new ticket is obtained for the fare paid, issued in their presence as valid for the section over which they wish to travel.
3.1.4	Passengers are liable to pay the fare set out in the company’s fare tables for the journey they wish to make and to pay the same to the driver whether payment is requested or not. Prices are subject to review and the company reserves the right to change prices without notice.
3.1.5	Single and return fares are arranged in stages and passengers boarding a bus between stages will be charged as if they had boarded from the previous fare stage. Passengers alighting between fare stages will be charged as if they were travelling to the fare stage beyond.
3.1.6	Fares are generally calculated on a combination of the distance travelled and the number of fare stages travelled although the company reserves the right to vary the methods used on calculating it’s pricing at any time.
3.1.7	Where offered, day return tickets are valid for travel on the date of issue between the stages indicated on the ticket (on any Go North East service) and are not valid for travel for two journeys in the same direction. They must be tendered to the driver for cancellation on the return journey.
3.1.8	The Company reserves the right to refuse tickets or passes which are crumpled, torn or defaced.
3.1.9	Passengers must produce their ticket if required for inspection by an authorised person and, if they fail to do so, pay, at the appropriate fare for their journey or at the discretion of an authorised person the Company’s standard fare detailed in section 5 of these conditions.
3.1.10	Passengers must, on completion of the journey, for which they have paid, leave the bus if requested by the driver or conductor, or pay the appropriate fare for the continuation of their journey.
3.1.11	Passengers must, upon the instruction of an authorised person, surrender their ticket upon completion of their journey.
3.1.12	Passengers should examine their ticket and change upon receipt. Any discrepancy regarding change must be reported to the driver at once, as no claims can otherwise be accepted.
3.1.13	Unless there is a transfer fare arrangement, holders of ordinary single or return tickets are not allowed to break their journey.
3.1.14	Where a concession is offered, it is the responsibility of the passenger to prove their entitlement to the concession.
3.1.15	In cases of dispute between customers and authorised persons regarding the correct fare, or the acceptance of return or other tickets, passengers shall pay the fare requested by that person and refer the matter to the Company. A refund will be made if there is an error.
3.1.16	Prospective customers, who have no valid ticket and are unable to pay their fare, will not be carried. However, subject to the provisions of those sections of these regulations dealing with passengers’ behaviour, children aged under 16 will not normally be refused travel.
3.2	Standard Charges
3.2.1	Every passenger must be in possession of a valid ticket for the journey they are making or are about to make and must produce the same on demand by an employee of the company or any person authorised by the company to inspect tickets on its buses.
3.2.2	Any person who fails to produce a valid ticket for the journey they are making or are about to make shall be liable for prosecution and/or in addition shall be liable to pay the full fare for the journey in question and/or, on demand, pay to the company, by way or liquidated damages the Adult or Child Standard Charge as appropriate.
3.2.3	“Adult Standard Charge” means such amount as may, from time to time, be prescribed by notices displayed in the company’s buses as being the standard charge payable by any adult (as defined in section 4.5 of these conditions) not in possession of a valid ticket for the journey he/she is making or about to make.
3.2.4	“Child Standard Charge” means such amount as may, from time to time, be prescribed by notices displayed in the company’s buses as being the standard charge payable by any child (as defined in section 4.5 of these conditions) not in possession of a valid ticket for the journey they are making or about to make.
3.2.5	For the purposes of these Standard Charges Terms and Conditions, Children are defined as being aged thirteen and under and Adults are defined as being aged fourteen and over.
3.3	Elderly and Disabled Concessionary Fares
3.3.1	The company participates in the concessionary travel schemes operated by the travel concession authorities in England. Passes issued by the English travel concession authorities are valid for travel under the terms of the travel concessions scheme covering the area in which the journey is made. Details of each area scheme are available from each of the travel concession authorities in England.
3.3.2	It is the responsibility of the passenger to prove their entitlement to these concessions by way of showing a valid concessionary travel pass issued by the English travel concession authorities. Those passengers who are not in possession of the correct concessionary travel pass for the journey they are making or intend to make are conveyed at the appropriate adult fare.
3.4	Children and Young People
3.4.1	The company offers a range of discounted tickets for children and young people details of which can be found in the company’s literature or website www.simplygo.com.
3.4.2	Up to three children under five years of age are conveyed free of charge, provided they are accompanied by an adult fare paying passenger or adult pass holder. Additional under 5’s will be charged the respective child fare.
3.4.3	Children who have attained the age of five years old but who have not attained the age of fourteen years are conveyed at the appropriate children’s fare for the journey they are making.
3.4.4	Children who have attained the age of fourteen must pay the adult fare for the journey they intend to make or are making unless in possession of a relevant local authority ID card, under the regulations of a concessionary travel scheme.
3.4.5	The company participates in the concessionary travel scheme for children operated by Nexus in Tyne and Wear. Nexus Under 16 cards issued by Nexus are valid for travel under the terms of the travel concessions scheme which are available from Nexus. It is the responsibility of the passenger to prove their entitlement to this concession by way of showing a valid Nexus Under 16 card. Those passengers who are not in possession of a valid Nexus Under 16 card for the journey they are making or intend to make are conveyed at the company’s appropriate child fare.
3.4.6	The company participates in the Durham IIC scheme for 14-16 year old young people administered by Durham County Council in County Durham. Durham IIC cards issued by Durham County Council are valid for travel under the terms of the IIC scheme which are available from Durham County Council. It is the responsibility of the passenger to prove their entitlement to this concession by way of showing a valid IIC card. Those passengers who are not in possession of a valid IIC card for the journey they are making or intend to make are conveyed at the company’s appropriate adult fare.
3.4.7	The company offers discounted travel for young people up to 19 years of age and all full time students through its Get Around range of tickets. Details of which can be found in the company’s literature or website www.simplygo.com. A Get Around ID card is required for this concession and must be shown each time the ticket is used. Tickets may only be used by the person who is shown on the matching Get Around ID card. Those passengers who are not in possession of a valid Get Around ID card for the journey they are making or intend to make are conveyed at the appropriate cash fare for their journey.
3.5	Refunds and Replacements
3.5.1	If a customer is unhappy with our service we may offer them a refund if their comments are reported to our customer services team on 0845 60 60 2 60 or by email at customerservices@gonortheast.co.uk. All complaints are investigated and if deemed appropriate a refund or free ticket may be offered.
3.5.2	A refund may also be made on BuzzFare and Get Around tickets which are surrendered before their expiry if they are no longer required. We have a standard refund policy which applies in all cases which can be viewed here. <Mark we need a link> If a customer wishes to apply for a refund they should be advised to contact our customer services team on 0845 60 60 2 60 or by email at customerservices@gonortheast.co.uk.
3.5.3	Annual BuzzFare and 16 week Get Around tickets may also be replaced or exchanged if they become lost, stolen or damaged. We have a standard policy for this which applies in all cases which can be viewed here. <Mark we need a link> If a customer wishes to apply for an exchange or replacement they should be advised to contact our customer services team on 0845 60 60 2 60 or by email at customerservices@gonortheast.co.uk.
4.	Passengers
4.1.1	The conduct of passengers while using the Company’s buses is governed both by the criminal laws of the United Kingdom and by certain other regulations. These special regulations are incorporated in these conditions. No passenger while on, or waiting to enter, a bus shall:
4.1.2	Where the bus has a door which passengers are by a notice informed is for a particular purpose use that door for any other purpose unless otherwise directed or authorised by an authorised person.
4.1.3	Put at risk or unreasonably impede or cause discomfort to any person travelling on or entering or leaving a bus, or a driver, inspector, conductor or employee of the company when doing his work on the bus.
4.1.4	Throw or trail any article from the bus.
4.1.5	Smoke, or carry lighted tobacco or light a match or a cigarette lighter in or on any part of the bus where passengers are informed by a notice that smoking is prohibited. It is illegal to smoke on any of the company’s buses by law.
4.1.6	Except with the permission of the company, distribute any paper or other article for the purpose of giving or seeking information about, or comment upon, any matter.
4.1.7	Except with the permission of the company sell or offer for sale any article.
4.1.8	Speak to the driver when the bus is in motion unless:
a)	in an emergency or on grounds of safety; or
b)	to give directions as to the stopping of the bus
4.1.9	Without reasonable cause, distract the driver’s attention, obstruct his vision, or give any signal which might reasonably be interpreted as a signal:
a)	to stop the bus in an emergency, or
b)	to start the bus
4.1.10	Travel on any part of the bus which is not provided for the carriage of passengers.
4.1.11	Remain on the bus when directed to leave by an authorised person on the following grounds:
a)	that their remaining would result in the number of passengers exceeding the maximum seating capacity or the maximum standing capacity marked on the bus in accordance with Regulations. (Public Service Vehicles (Carrying Capacity) Regulations 1984).
b)	that he or she has been causing a nuisance; or
c)	that his or her condition is such as would be likely to cause offence to a reasonable passenger, or that the condition of his or her clothing is such that his or her remaining would be reasonably expected to soil the fitting of the bus or the clothing or other passengers.
d)	Play or operate any musical instrument or sound reproducing equipment to the annoyance of any person on the bus or in a manner which is likely to cause annoyance to any person on the bus.
e)	Intentionally interfere with any equipment with which the bus is fitted.
4.1.12	Conditions 4.1.11 (a) and 4.1.11 (c) shall not apply to a direction given by a driver, inspector or conductor solely on the grounds that a person is a disabled person
4.1.13	While travelling on, or waiting to board a bus, passengers must not use obscene or offensive language, or conduct themselves in a riotous or disorderly manner. They must not combine with others to make excessive noise, whether by singing, shouting or otherwise. They may not wilfully deface or damage any part of the bus, or any notice or advertising matter affixed to the bus.
4.1.14	Passengers must not travel on the top deck of a bus unless they are occupying a seat.
4.1.15	Passengers may not bring firearms (whether loaded or unloaded, real or imitation) or other dangerous or offensive articles onto buses.
4.1.16	Passengers whose dress may cause danger to them while travelling by bus may be refused entry to the company’s buses (e.g. a customer wearing roller skates or other unsuitable footwear). In any event, the company will not be liable for any injury arising from the wearing of such clothing while the customer is on one of its buses.
4.1.17	Any passenger who infringes these regulations may be removed from the bus by an authorised person, or on his or her request, by any Police Officer. They must give their name and home address to any authorised person, or to a Police Officer on demand.
4.1.18	Although children under 16 will not normally be removed from buses by the company’s employees, such children who breach these regulations (in particular those relating to vandalism or unruly behaviour) render themselves liable to such removal. In these circumstances, the company will not be liable in respect of the consequences that may arise.
4.1.19	The Company reserves the right to detain and arrest any person causing an arrestable offence, or who is in breach of any of the aforesaid regulations concerning conduct. The Company may take such persons to any Police station or any Police Officer. No trespass to the person shall be occasioned by such circumstances.
4.2	Wheelchair Users and Other Disabled Persons
4.2.1	The company has been in the forefront of providing accessible passenger transport services since 1994, and continues to be a market leader in these services.
4.2.2	The Disability Discrimination Act 1995 places requirements on us to ensure equality of access to those for people with disabilities. Specific legislation has subsequently been passed which has clarified the responsibilities of bus operators, including changes to the Conduct of Drivers, Inspectors, Conductors and Passengers regulations in 2002. The 2005 amendment to the DDA, in force from December 2006, has placed these responsibilities under the DDA banner.
4.2.3	The company therefore operates within this legislation and has a Disability Discrimination Policy which sets out how the company:
a)	Meets the legislative requirements of:
b)	Disability Discrimination Act (1995), sections 3 and 5,
c)	Disability Discrimination Act 2005
d)	Conduct of Drivers, Inspectors, Conductors and Passengers Regulations 2002
e)	Public Service Vehicle Access Regulations 2000/2002/2004
f)	Provides services that meet the needs of our disabled customers
g)	Improve this provision of services by consultation with disabled groups
h)	Uses the Policy to underpin staff training and development
4.2.4	This policy can be viewed here .
4.3	Lost Property
4.3.1	The law regarding property lost on buses is contained in the Public Service Vehicles (Lost Property) (Amendment) Regulations 1995. Briefly, these regulations (which are incorporated in these conditions) state that:
4.3.2	Any person who finds property accidentally left on a bus must hand it immediately, in the state it was found, to the driver.
4.3.3	Any property found by, or handed to, the driver, shall as soon as possible and in any case within 48 hours, be given to the company.
4.3.4	If, before such property has been handed to the company, it is claimed by a person who satisfied the driver that they are the owner, then it will be returned to that person immediately without fee or reward. The person claiming property in this way must give his/her name and address to the driver, who must report the facts to the company.
4.3.5	If the claimant satisfies the company or driver by giving his name and address in accordance with section 4.2.4 above, the property shall be returned to the claimant.
4.3.6	If property handed to the company appears to be of a perishable nature and is not claimed within 48 hours of the time it was found, it may be destroyed or otherwise disposed of as thought fit. If, in the opinion of the company such property has become objectionable, it may be disposed of at any time.
4.3.7	If, within one month of the date on which any property was delivered to the company or its representative in accordance with these conditions:
4.3.8	the property is not claimed;
4.3.9	no person satisfies the company or its representative that he is the owner off the property; or
4.3.10	a person satisfies the company or its representative that he is the owner of the property but refuses or omits to give his name and address,
4.3.11	the property shall vest in the company who may dispose of it as it thinks fit.
4.3.12	The company can open packages, bags or other containers to examine the contents for the purposes of finding out their value or tracing the owner.
4.3.13	Official documents, including passports, have to be returned by the company to the appropriate issuing or controlling body.
4.3.14	For all other items, where the name and address of the owner is easily ascertainable, the company has to inform the owner that the article(s) are in its custody. Property claimed by the owner will be returned by this company for no fee.
4.3.15	The company may dispose of property not claimed within one month.
4.3.16	The Company and its staff will not be responsible for the loss of, or damage to, any property left (whether deliberately or accidentally) on its buses or on the company’s premises.

4.4	Luggage
4.4.1	The Company reserves the right to refuse, at the discretion of the driver or another authorised person, to carry any luggage, package or parcel. Any such item that is unduly bulky, combustible or offensive, which causes inconvenience to other passengers or which, in the discretion of any authorised person, obstructs the driver in the course of his duties, will not be carried.
4.4.2	Reasonable items of personal luggage, folding chairs and wheeled shopping baskets will be carried if, in the discretion of an authorised person, there is room on the bus. Bicycles and non-folding perambulators will not be carried. On buses which have low-floor access wheelchairs will be carried. Pushchairs will be carried provided there is room in the allocated space. Stickers on these buses will clearly show the number permitted on each vehicle type.
4.4.3	The Company will not convey unaccompanied luggage or parcels.
4.5	Animals
4.5.1	No passenger may bring any animal onto a bus without the consent of an authorised person, which may (except in so far as condition 12.2 below applies), be rescinded at any time at his or her discretion. If consent is given, the animal will be carried free of charge and no ticket will be issued.
4.5.2	A driver or authorised person shall not, subject to there being a suitable space available, prevent a disabled person accompanied by an assistance dog, a guide dog or a hearing dog, being allowed to board and travel in the bus with his or her dog.
4.5.3	Without prejudice to condition 4.5.2 above, a disabled person shall comply with any direction given by a driver or authorised person to remove his or her assistance dog, guide dog or hearing dog from the gangway.
4.5.4	Any animal carried is entirely at the owner’s risk. The owner of an animal will be held responsible to the Company and/or to other passengers in respect of any damage, injury or loss caused by, or attributable to, the presence of the animal on the bus. Dogs must remain on the floor and must not be allowed on the seats at any time.
5.	Force Majeure
5.1.1	Subject to the provisions hereof, the Company shall be relieved of liability for any loss or damage if, and to the extent that, such loss was caused by:
5.1.2	The act or omission of the passenger or any other passenger on a bus;
5.1.3	Insufficiency of the packing of any luggage carried;
5.1.4	Handling, loading, stowage or unloading of any luggage by the passenger or any person acting on behalf of the passenger;
5.1.5	Strike, lock-out, stoppage or restraint of labour, or industrial disputes, the consequences of which the Company was unable to avoid by the exercise of reasonable diligence;
5.1.6	Any event which the Company was unable to avoid or prevent by the exercise of reasonable diligence.