Phone bookings warning by CPT
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TELEPHONE bookings for .coaches could lead operators into trouble unless they make it clear that their following confirmation will incorporate conditions of hiring.
The Confederation of British Passenger Transport (CPT) has issued this warning, following a law suit in which a coach operator failed to provide coaches booked by a business undertaking for a promotional visit. The operator encountered unforeseen difficulties and a last minute attempt to hire-in was unsuccessful.
The case was settled out of court, but two principles arose, says the CPT.
Though the booking was made by telephone, and subsequently confirmed on a standard form incorporating conditions of contract. Counsel advised that these conditions were probably worthless because it could be argued that the hirer completed the contract on the telephone. Thus, subsequent conditions could not be imposed on it.
Therefore, it is prudent to make it clear during a telephone conversation that the contract will include the normal hiring conditions.
Even though the conditions included an exclusion from liability in the event of the hiring being unfulfilled, Counsel advised that because there was a total failure to honour the contract, the operator would not be able to take advantage of the exclusion clause.
The lesson to be learned, according to the CPT, is that operators who have a similar problem would be well advised not to contest the claim but seek to settle out of court.