TERMS & CONDITIONS
NMCT is an independent not-for profit company limited by guarantee whose registered office is based at: - Newry & Mourne Community Transport Ltd (NMCT)
Unit 14 - Itec Business Park 52 Armagh Road
Newry, BT35 6DN
Office hours are: Monday-Thursday from 9:00am – 4:00pm
Telephone: 028 3026 5635
Email: office.nmct@gmail.com
IMPORTANT NOTES:
· Newry & Mourne Community Transport (NMCT): is an independent not-for-profit company, limited by guarantee and recognized by H.M. Revenue & Customs as a charity, operating buses under a section 10b permit not for hire and reward, for the benefit of its own members, for reasons of education, social welfare, recreation, religion and other activities of benefit to registered groups and individuals belonging to the community.
· Membership: Before transport can be provided individuals and groups have to register as a member of NMCT. Membership is available for those that satisfy our membership criteria (available on request); however a completed Membership Application Form has to be submitted.
· Renewal: Membership will automatically continue past the annual renewal date providing the member continues to meet the membership criteria, and use our services. If a member does not use our services within any 12-month period membership will automatically lapse.
· Terms & Conditions: Members are required to abide by these Terms & Conditions for membership. NMCT reserves the right to cancel or refuse membership to Groups and Individuals that do not adhere to the Terms & Conditions for membership, or who do not meet the criteria for membership.
· Changes to Terms & Conditions: The Terms & Conditions for membership will evolve with the needs of the service and will be amended and up-dated from time to time. Changes will be notified to members in writing.
· Change of Details: It is important that members keep NMCT informed of any change of circumstance that may affect membership (change of address, contact details, etc.).
· Urban Door-2-Door: The Department for Infrastructure (DFI) provides a Door-2-Door service for individuals living in urban areas (which includes Newry). Individuals that are members of this service cannot also be a member of the NMCT Rural Community Transport Service (and vice-versa). For information on the Urban Door-2-Door service contact 028 9054 0609.
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1) SERVICES, AIMS & OBJECTIVES
1.1) NMCT aim to provide safe, fully accessible and affordable transport across the rural areas of Newry & Mourne District Council area, in partnership with other public and private transport operators, thereby promoting social inclusion, targeting social need and reducing rural isolation especially for people with disabilities, the elderly, support groups, playgroups, youth groups, recreational groups, single parents and unemployed.
1.2) NMCT also aims to provide Volunteer Drivers for our Social Car Scheme (SCS), these volunteers give their time freely and use their own cars to transport Individual Members on journeys controlled by NMCT staff, for which they are reimbursed expenses based upon mileage.
2) BEHAVIOUR
2.1) Whilst using NMCT vehicles passengers, drivers and assistants are required to behave reasonably, showing mutual respect and not to bring the reputation of NMCT into disrepute through their actions or omissions.
2.2) They should behave with tolerance and not discriminate harass or abuse others on the basis of race, religious belief or political opinion, sex, sexual orientation, married status or disability.
2.3) They should not cause or seek to cause intimidation or offense to others by the wearing or displaying of flags, emblems or any other material that may be considered provocative. This will include some types of football tops, leisure clothing, kit bags, or wording on clothing.
2.4) Passengers are not to smoke, eat or consume alcohol in any NMCT vehicle.
2.5) NMCT reserves the right to a levy charge for cleaning minibus or debris left by the user.
2.6) NMCT reserves the right to refuse bookings from groups and individuals who ignore these Terms & Conditions (T&C).
3) DRIVERS AND ESCORTS
3.1) Every driver of NMCT vehicles must be on the NMCT List of Approved Drivers, and all users of NMCT vehicles must be a current registered member – either Individual or Group.
3.2) The services provided are either vehicle with-driver provided by NMCT, or vehicle with a groups’ own volunteer driver (commonly referred to as ‘self drive’), providing they are on the NMCT List of Approved Drivers – there are additional Terms & Conditions for these drivers, which are contained in our Staff Handbook, and which is available on request.
3.3) Volunteer drivers in the SCS have undertaken NI Access checks (see 3.5. below), and have been assessed as suitable by NMCT staff.
NMCT DRIVERS
3.4) Every NMCT driver is fully qualified under the Minibus Driver Awareness Scheme (MiDAS) training scheme. Drivers also undertake additional training in areas such as Passenger Assistant training and Minibus Emergency Evacuation Procedures.
3.5) Before appointing anyone to a driver post it is our policy to process a check through Access NI. The purpose of these checks is to make sure that such people are not appointed who might be a risk to children and/or vulnerable adults.
GROUP HIRE & ACCESS N.I.
3.6) NMCT is committed to protecting all passengers including children (aged 17 and under) and Vulnerable adults (including older people, people with disabilities and other vulnerable adults). To this end any group hire member is required to provide a copy or proof that the nominated driver(s) and or passenger assistants for your organization has been through an Access NI check. This check will confirm if the driver and/or passenger assistant is not on any list of people not permitted to work with children or vulnerable adults. If your organization is unable to provide a copy or proof that the check has been completed NMCT can have this check completed for your driver/passenger assistant. If you would like NMCT to complete this check please contact the office for details, a copy of an application form, confirmation of the proof of ID required and any costs. Please note: NMCT cannot provide your Group with membership or transport if your driver and/or passenger assistant has not completed an appropriate Access NI check.
3.7) Drivers working for NMCT carry a lot of responsibility and, should they feel it necessary, the final decision to cancel a journey (e.g. because of bad weather or the unacceptable behaviour of passengers) lies with them. If such a decision is made it will not be taken lightly or unreasonably.
3.8) Nobody should unreasonably request a NMCT driver to do anything which may result in them infringing the law or our T&C – such as excessive speeding, picking up more passengers than there are seats available on a vehicle, transporting passengers that are not members, blocking of gangways and emergency exits, etc. NMCT reserves the right for its staff to refuse any request that he/she believes to be unreasonable.
3.9) NMCT can provide a Door-2-Door service which normally starts and finishes at the threshold of the passenger’s dwelling, however they may enter by invitation in order to provide reasonable assistance and to pick up or drop off a passenger, but staff should not be expected to carry out manual handling tasks.
ESCORTS
3.10) NMCT does not normally provide escorts. It is therefore the responsibility of the user (individual or group) to provide a reliable and competent escort for the journey.
3.11) NMCT reserves the right to refuse or cancel bookings if a suitable escort cannot be provided.
3.12) An escort is compulsory if young children under 15 years of age or other vulnerable passengers are to be carried.
3.13) The escort is normally expected to meet the driver at the appropriate NMCT office, or at the first passenger pick–up point.
3.14) The escort’s responsibilities include:
· Dealing with the needs of passengers.
· Escorting passengers to and from the vehicle.
· Assisting the driver in planning the route if the job involves multiple pick–ups.
· Assisting the driver in the event of an accident, breakdown or emergency by looking after the passengers.
· Travelling in the back of the vehicle, in order to ensure the safety and reasonable behaviour of passengers.
· Ensuring that the passengers do not cause damage to the interior or exterior of the vehicle.
· Any damage that the group or individual causes will be invoiced to the user.
4) BOOKINGS, CANCELLATIONS AND PAYMENT MAKING A BOOKING
4.1) When a group or individual requests a vehicle with driver, NMCT may accept the booking subject to
vehicle and driver availability.
4.2) Individuals booking seats for shopping trips and outings will be advised of the cost at the time of booking and will be required to pay the driver at the time of travel. NMCT request that passengers have the correct change for the journey, as drivers do not carry a float.
4.3) A group should give careful consideration to route planning when requesting vehicle with driver, especially if it involves multiple pick–ups.
4.4) It is important to be accurate about the number of passengers with special needs or disabilities, including numbers travelling in wheelchairs. For example, if the driver is set to pick up one person travelling in a wheelchair, the driver will have made suitable provision and can only pick up one such passenger.
4.5) It is the user’s responsibility to provide NMCT with accurate information about the pick up point, destination and/or venue and directions for vehicles with driver.
4.6) In the event that a passenger cannot be carried NMCT will not be liable for making alternative arrangements.
4.7) Requests for ad-hoc group bookings will normally be made in writing (including by facsimile or e-mail) and should state dates and times that the vehicle is required, number of passengers, etc. However, such bookings can be made verbally and will be transferred to a booking form, which will then be sent to the user to agree the details.
4.8) Regular bookings for a vehicle can be made in blocks of up to one month and can be booked up to 48 hours in advance, subject to availability.
4.9) Amendments to bookings are to be notified as soon as possible.
4.10) It is the responsibility of Groups to ensure that bookings are only made by authorized persons.
4.11) Users should not over run the agreed time of the booking, as this may have a knock on effect for later bookings. Except in the case of genuinely unforeseen circumstances, if a booking over runs and subsequent bookings have to be cancelled the offending group or individual could be charged for the resultant consequential loss.
4.12) Bookings are accepted on a first come, first served basis. To avoid disappointment Groups are advised to secure booking with a deposit fee. This will be deducted from the invoice.
4.13) A member is responsible for the payment of any booking, which has been accepted in good faith by NMCT.
4.14) NMCT reserves the right to reject, cancel or vary any booking if the purpose for which the vehicle is to be used is inconsistent with the aims, objectives or rules of NMCT.
4.15) In the event of cancellation or change in booking by NMCT, no liability can be accepted for any loss, financial or otherwise, arising from our failure to provide a vehicle and NMCT cannot be held responsible for breach of contract in such circumstances.
CANCELLATIONS (GROUPS)
4.16) Should a group fail to turn up for a booking, or give less than 24 hours notice of cancelling NMCT reserves the right to levy the full charge for the booking.
4.17) NMCT plan and allocate work to drivers on the last working day of each week – the schedules are then passed to the drivers for the following Monday through to Sunday inclusive, at which point NMCT are committed to paying the driver for that work. Cancellations after the work has been allocated could incur a cancellation charge to cover the costs incurred unless suitable replacement work can be found.
4.18) Should a group persistently cancel their bookings NMCT reserves the right to levy a charge per day for each day cancelled, regardless of the length of notice given for each cancellation.
4.19) Should a group make a block booking and fail to honour all trips, a charge will be made.
CANCELLATIONS (INDIVIDUALS)
4.20) Should an individual fail to turn up for a booked trip, or give less than 24 hours notice of cancellation NMCT reserve the right to levy a charge equivalent to the original cost of the trip.
4.21) Individuals are encouraged to pay for any trip that they have booked regardless of whether they travel or not, as if NMCT are unable to cover the cost of providing the transport it will put the future of such trips in jeopardy.
4.22) Should an individual persistently cancel trips without payment NMCT reserves the right to cancel membership.
PAYMENTS
4.23) NMCT are a charity providing a service on a not-for-profit basis, who do not hold large reserves of money and who therefore require prompt payment in order to continue to trade. All accounts must be paid promptly and in full.
4.24) NMCT reserves the right to refuse bookings to any group or individuals that do not pay on time.
4.25) Payment for shopping trips and outings has to be made by individuals to the driver on the day of travel.
4.26) Invoices for Groups are to be paid within 30 days. Interest may be added to overdue outstanding amounts each month.
4.27) Organizations requiring a receipt for payment must send a SAE with their payment.
4.28) Payment of invoice for any Group will be the responsibility of that Group, as will be the provision of a Purchase Order if one is required for payment. NMCT should not to be required to chase up payment and should never be asked to contact other departments who may have the responsibility to pay the bills.
4.29) Late payment of invoices could result in future bookings being refused until outstanding payments have been made in full, and may result in the requirement to pay in full for bookings in advance.
4.30) Persistent late payment could result in loss of Group membership.
4.31) Rates and charges will be amended from time to time, and will be notified to members in writing.
5) SAFETY
SEAT BELTS & CHILD RESTRAINTS
5.1) The law requires that you must wear a seat belt if one is fitted. There are few exceptions to this and the driver is liable to prosecution if a child under 14 years does not wear a seat belt.
5.2) Children must not be transported on an adults lap.
5.3) You must not carry an unrestrained child in the front seat of any vehicle.
5.4) Children under three years travelling in the front of any vehicle must be carried in an appropriate child restraint. The adult seat belt may not be used.
5.5) Never put the same seat belt around two children, or around two passengers (adult or child).
5.6) There are specific exemptions from seat belt wearing on medical grounds. If you think you should not wear a seat belt on medical grounds, consult your doctor. He/she will decide and, if warranted will issue you a formal “Certificate of Exemption from Compulsory Seat Belt Wearing”. This must be produced if asked of you.
5.7) Details on the current law with regards to Seat Belts and Child Restraints can be obtained from your local DOE Road Safety Education Office:
The NI Road Safety Partnership 42 Montgomery Road
Belfast BT6 9LD
Telephone: 028 90922751 Email: info@nisafetypartnership.org
5.8) Should you require a copy of the Child Seat Belts download a leaflet from NI Direct government services.
5.9) Also, the child seat web-site at www.childcarseats.org.uk also has information about the law, and the fitting and wearing of child restraints.
CHILDREN & VULNERABLE ADULTS
5.10) NMCT does not normally provide escorts, and whilst drivers are responsible for their passengers, they will not be responsible for the safety of children and vulnerable adults that are in the charge of parents, guardians or escorts.
5.11) NMCT is not able to provide child restraints (child seats, booster seats or booster cushions) for children – this will remain the responsibility of the parent or guardian of the child.
5.12) It is the responsibility of the user to provide adequate supervision and appropriate training to any person escorting children or vulnerable adults.
5.13) NMCT is able to arrange for Passenger Assistant training under the Community Transport Associations (CTA) Passenger Assistant Training Scheme (PATS) if required.
PASSENGERS TRAVELLING IN WHEELCHAIRS
5.14) The user is responsible for assessing the ability of passengers to travel.
5.15) NMCT may require to undertake a passenger transport risk assessment prior to the first journey, or in the event that circumstance change, in order to ensure that the wheelchair is suitable for transportation and that NMCT have the correct type of vehicle, accessibility and suitable Wheelchair Tie Down & Occupant Restraint systems (WTORs).
5.16) The NMCT driver will not be responsible for moving or handling people with disabilities, this must be provided by the user.
5.17) The NMCT driver has been trained in the use of the passenger lift and the restraint of passengers in a wheelchair in our minibuses.
5.18) Clamps are only suitable for restraining manual wheelchairs. 4 point webbing is suitable for all wheelchairs – either manual or powered.
5.19) Restraints must be fitted to both wheelchair and passenger, using a specially adapted disabled person’s belt.
5.20) Baggage should not be hung on the handles of wheelchairs while being transported.
5.21) In the interest of safety, motorized wheelchairs must have their power turned OFF before boarding the passenger lift and must be remain OFF until alighted.
BAGGAGE
5.22) Baggage, including shopping, must not be stowed in the gangways or in front of doors. In the event of an emergency gangways and doors must remain clear and be accessible at all times.
5.23) If booking a shopping trip or taking a large amount of baggage, users must assess how many seat spaces will be required to accommodate the baggage and reduce the passenger numbers travelling accordingly.
5.24) The NMCT driver has legal responsibility for the vehicle and its load, and has the right to refuse to take baggage, or other item, that may cause an obstruction, or which could be considered dangerous to carry because it cannot be properly secured.
5.25) In the event that a passenger’s baggage cannot be carried NMCT will not be liable for making alternative arrangements.
5.26) NMCT fleet insurance does not cover the carriage of goods (a reasonable amount of personal baggage and shopping taken by passengers will not be considered as goods).
6) COMPLAINTS PROCEDURE
IN THE EVENT OF A CUSTOMER COMPLAINT
6.1) Report the matter to the Manager or in his/her absence to the Project Assistant.
6.2) Details of the complaint will be recorded as follows:
· Date and time of incident
· Name of the person(s) involved
· Details of the complaint
6.3) The Manager or Project Assistant will investigate the complaint and report back to the customer in writing – initially with an acknowledgement within 5 working days, followed up by a response after investigating the matter, normally within 30 days of the complaint.
6.4) If the customer is not satisfied with the response or action taken by the Manager or Project Assistant, the matter can be referred to the Board of Directors for further investigation.
6.5) The Board of Directors will interview the customer and the Manager or Project Assistant and make a decision on the action or response to that complaint.
6.6) The Customer will receive a report on the outcome of the meeting.
7) GROUP MEMBER DECLARATION
Community Groups, Organisations and Associations who are current members of NMCT may hire an NMCT community minibus on a with or without driver basis.
7.1) Fees and Fares: Hire costs must be paid in full upon receipt of invoice, Failure to pay within the specified dates will result in legal action and termination of membership.
7.2) Reason for Transport: An NMCT community transport vehicle may only be hired to meet community activities concerned with; Education; Religion; Social welfare; Recreation; or Other activities of benefit to the community. Your group activities have been defined in your membership application form. NMCT vehicles may only be hired by your group for the community activities as detailed in the membership application. Any member that permits an NMCT vehicle to be used for activities not contained in the membership application form will result in the following action:
· Membership will be immediately suspended and no further transport provided until an investigation is completed by NMCT.
· NMCT will report the driver and the community group to DVA enforcement for breaching the conditions of the s10b small bus permit
· If investigation proves wilful neglect and misuse of NMCT resources membership will be cancelled with immediate effect.
· After a period of no less than one year, an application for membership may be made if the hiring party can prove future use of [insert group name] resources will be limited to bona fide community purposes as outlined in the original application.
7.3) Drivers: The group is permitted to use a volunteer to drive the community vehicle as long as:
· The volunteer driver is registered with NMCT Driver Register.
· The volunteer driver has completed and holds a current MiDAS certificate.
Ø (MiDAS certificates obtained through another community transport organisation must be presented to NMCT at time of driver registration).
· The minibus is used for social purposes by a non-commercial body as listed on the group membership form.
· The driver is providing his/her services on a voluntary basis (i.e. unpaid except for reimbursement of out-of-pocket expenses).