1) Introduction
Westerbus values your custom and will endeavour to ensure you travel safely and in comfort on a clean, reliable bus service.
This document contains the Conditions under which we carry you and applies to anyone who travels with us.
Our Conditions are consistent with the relevant statutory regulations, including those relating to the conduct of passengers and lost property and do not affect your statutory rights.
Conditions may vary on certain services operated on behalf of other organisations. Any variations will be publicised locally.
2) General conditions
We aim to provide a safe, reliable and punctual service but there are occasions when we are simply unable to run as advertised due to factors outside of our control, such as road works, diversions, exceptional traffic congestion, major events, extreme weather conditions and other unforeseen operating circumstances.
Wherever possible, we will take reasonable steps to advise you of any disruption to services, but in the event of cancellation, delay, diversion or termination of any service or the service being unavailable to you as a result of the vehicle being fully loaded or for any other reasons, we shall not be liable for losses, damages, cost or inconvenience that you suffer as a result.
We do not guarantee that services will connect unless we specifically advertise a guaranteed connection.
We do not in any way exclude or limit our liability for death or personal injury resulting from our negligence nor are your statutory rights as a consumer affected.
3) Conduct of passengers
We reserve the right to refuse you entry, or require you to leave our buses or premises at any time, should we have reason to believe that your behaviour jeopardises the safety, security and comfort of others.
When travelling with us you must in particular:
- refrain from smoking either conventional or electronic cigarettes
- behave in a manner that is not abusive or threatening and does not cause offence to other customers or staff
- refrain from any form of harassment including sexual harassment towards other customers or staff
- refrain from eating and drinking items which make the environment unpleasant for other customers or otherwise cause offence
- refrain from consuming alcohol
- refrain from playing loud music or operating a personal device at a volume which may be heard by other passengers
- refrain from leaving rubbish or discarded items on the coach
- not be wearing soiled working clothes or carrying any soiled items which might stain the seats etc
- follow the instructions of our staff and act in a manner which shows due regard for the safety and comfort of other customers and company employees, including not standing adjacent to emergency exits, the vehicle entrance, next to the driver or sitting in gangways, on staircases or standing upstairs on a double deck vehicle
- if the vehicle you are travelling on is fitted with seat belts, you are legally required to wear it
- notify a member of staff immediately if you sustain an injury whilst boarding, travelling on or getting off a coach
- except in an emergency, not talk to the driver whilst the coach is moving, obstruct the driver’s vision or otherwise distract them
- have due regard at all times for the needs of our elderly, young and disabled customers and, in particular, vacate seats and spaces designed for the elderly and disabled when requested
- not distribute leaflets, papers or other articles or offer anything for sale or collect for charity without our prior written consent
- not interfere with equipment fitted on the vehicle
- not deliberately damage or deface any part of the vehicle
Intending customers who, in the opinion of the driver or other company officer, appear likely to behave in an antisocial manner may not be allowed to travel.
If you are in breach of these and other statutory regulations you will be obliged to give your name and address to a company officer or may be restrained or removed from the coach or our premises by a company officer, a police officer or a community support officer and refused further travel without refund.
We also reserve the right to take any other measures we consider necessary to protect the safety and comfort of our customers and staff including temporarily or permanently banning you from travelling with us following an incident of misconduct.
Buses and premises may be fitted with audio CCTV to provide added security for our customers and staff. Appropriate signage will be in place where audio CCTV is in use and the video and sound recordings used solely for the monitoring of safety, security, service quality and in support of relevant criminal and civil legal proceedings and complaint investigation. Images of you may be provided to the police, DVSA, the Traffic Commissioner or any other enforcement agency at their reasonable request.
Whilst we will do everything we reasonably can to control conduct of other customers, we cannot be held responsible for their conduct.
4) Getting on and off the bus
In most urban areas, coaches will normally pick up and set down passengers at marked bus stops. In busy areas, certain stops will be allocated to specific services.
You must not:
- attempt to board or alight from a moving coach or from a coach which is stationary at a point which is not a designated bus stop such as traffic lights and road works etc
- attempt to board a coach once it has left its designated stand in any bus station
- use the emergency exits on any vehicle except in a genuine emergency
In certain areas there are no designated bus stops and, in those areas, buses will stop on request where it is safe to do so. You should always pick a point away from parked cars, road junctions, etc and give a clear signal in good time to the driver of the approaching vehicle.
5) Carriage of wheelchairs, small prams and buggies
Foldable prams/buggies must be stored in the lockers, All our coaches are wheelchair accessible but some journeys on some services are operated by coaches which may not be.
You are, however, required by law to ensure that the designated wheelchair space is made available if a customer wishes to board with a wheelchair.
6) Breastfeeding
We are fully supportive of a mother’s right to breastfeed in public. Mums who wish to breastfeed are welcome to do so on all of our bus services.
7) Carriage of bicycles & E-Scooters
Folding bicycles that are safely and securely stowed in the designated luggage lockers area in a suitable bag or box, may be carried on vehicles if there is space.
E-Scooters are not permitted on Westerbus services.
8) Luggage
Only the driver may store or remove luggage from the lockers, but it is your responsibility to see your luggage put on and taken off a coach, or checked in at any station where check in arrangements apply.
Except for any luggage stored in the hold of a coach, you must also look after your luggage at all times, including at any station and your hand luggage whilst on a coach.
Luggage locker storage may not be available on certain local services operated by coaches. If in doubt, you should contact Westerbus.
You remain responsible for any items you bring. You may not be allowed to travel if, for example, the available space for carriage of luggage is already full or, if, in the opinion of the driver, your luggage or belongings will block gangways and access to emergency exits on the bus.
We cannot be held responsible for any loss or inconvenience to you if you are refused travel under these circumstances.
We reserve the right to request that you open any article of luggage for inspection by the driver in your presence if, for reasons of security, it is considered necessary to do so.
Fragile items such as electronic goods, portable televisions, computers, radios etc will only be carried if they are of reasonable size and securely packed. We will not be responsible for damage to such items however caused.
Certain items cannot be carried under any circumstances in the interests of safety. These include accumulators, explosives, ammunition, weapons and combustible or otherwise hazardous materials including petrol.
9) Animals
We DO NOT Allow Animals Onboard Except for guide dogs, hearing or assistance dogs accompanying registered disabled persons, they are carried free of charge at any time. Assistance dogs should wear their harness or identification jacket when travelling.
10) Lost property
We will do all that we reasonably can to locate and return any property left on our premises or on one of our coaches to its owner. If lost property is not claimed within a month, we will dispose of it.
If you find lost property on a coach, you must hand it to the driver, providing the item is not highly flammable and does not pose an explosive risk, it is not perishable or objectionable, then we will keep it for a month. If you claim any item of lost property, you will be required to satisfy us that the item belongs to you, give us your name and address and you may be charged an administration fee.
If the lost property is highly flammable has explosive characteristics (eg. a product with lithium-ion batteries such as vapes or e-cigarettes) we will not keep the property, it will be securely disposed of upon return to our site.
If the lost property is perishable and is not claimed within 48 hours of being found, we will dispose of it as we think fit. If perishable property is, or becomes, objectionable or a health risk before the end of the 48 hour period, we reserve the right to destroy or dispose of it at any time.
If the lost property is contained in a package, bag or other container, we may open it and examine it in order to trace the owner or identify the nature and value of the lost property.
To reclaim lost property, you should contact the Westerbus.
Under normal circumstances, you will need to collect the lost property from the Westerbus office or depot at which the lost property is being stored. You will need to pay the cost of postage and packaging in advance if we agree to post the property back to you. Our arrangements comply with the relevant legislation.
11) Fares and ticketing
Whenever you board a bus you must either:
- show the driver a valid Pass or Travel Warrant
- or pay the fare for the journey you intend to take to the driver.
You should ensure that you are given a ticket issued from the ticket machine which corresponds with the amount you have paid and is valid for your entire journey.
You should check any change and point out any discrepancies immediately as we cannot correct mistakes later.
Where contactless payment is accepted, you are responsible for ensuring that your card or device is not damaged. If, when your card or device has been presented to the reader, it does not work, it is your responsibility to present another form of payment
Warrants may be used instead of cash. Appropriate details are normally set out on the Warrant.
You must retain your ticket, pass or other relevant documentation (including contactless payment card or device) for inspection by a Company Official on demand throughout your journey. If you are unable to show this, or if it has expired or been altered or tampered with, you will be liable to pay a fare for the journey which may be a Standard Fare depending on the circumstances. We will not refund you this fare if you later find the missing ticket or other document.
When you complete the journey for which you have paid or the validity of your pass or other relevant documentation expires, you must leave the coach or pay a fresh fare to your intended destination.
It is your responsibility to have a valid ticket for the whole journey and to carry any associated identification required for the purchase of the ticket you hold, such as student ID, proof of age etc, with you whilst travelling.
You are liable to prosecution if you do not hold a valid ticket, pass or other relevant documentation.
Single or return fares purchased on a coach are normally calculated with reference to fare stages. If you board a coach at a location which is not a fare stage, you will be charged from the previous stage. Similarly, if you alight at a location which is not a fare stage, you will be charged to the subsequent fare stage. In certain areas a number of stops may be grouped together as one fare stage.
You may not break your journey when travelling on a single or return fare unless local publicity specifically advises that this is possible.
For some journeys, you may buy a return ticket which is usually cheaper than two single tickets. Return tickets are valid only on the day of purchase
It is your responsibility to check the validity conditions of a return ticket. Return tickets should be purchased from the driver of the bus on the outward journey and presented to the driver of the bus on the return journey for validation. They are valid for one single journey in each direction on the day of travel.
Children aged under 16 and those people who, in the opinion of the driver, are vulnerable, at risk or in distress, and unable to pay their fare will be carried at all times providing their name and address can be given in order that the fare due may be collected at a later date together with any reasonable administrative costs.
12) Concessionary travel schemes
Concessionary travel schemes for many categories of passenger are operated by all local authorities in England, the Scottish and Welsh Governments.
The terms, conditions and rules applying to these schemes are the responsibility of the pass issuing authority.
13) Complaints
We welcome suggestions and complaints because they help us to improve our services and put things right when they have gone wrong. We want people to contact us rather than just stop using our services. We will handle complaints with tact and consideration and never take them personally. We know that customers want to be taken seriously more than anything else. When we have failed, we will offer a sincere, speedy apology and a genuine commitment to avoiding a repetition.
All suggestions and complaints whether in writing, by email, in person or by telephone will be investigated and dealt with.
We will provide a response as quickly as possible and always within one week of receipt, even if this is initially to explain what investigation needs to take place and how long this will take.
14) Date protection
In any circumstances where we collect your personal data, in connection with retail transactions, a customer survey or other purpose, we will only collect and process your data in accordance with the principles contained in the Date Protection Act 2018.
15) Amendments
These Conditions may be amended at any time and any revision will be advertised on www.mackenziemaclennan.co.uk
16) Legal notice
The governing law for these Conditions shall be the laws of Scotland and the Courts of Scotland shall have exclusive jurisdiction.
Should any provision of these Conditions be invalid or unenforceable this shall not affect the validity and enforceability of the remaining provisions.
These Conditions constitute the entire agreement between Westerbus and its customers. None of our employees are entitled to alter or vary any of the provisions of these Conditions.