Leicestershire FoxConnect Conditions of Carriage

General Conditions

1. We aim to operate services as advertised but there may be occasions when journeys take longer than expected and/or services may need to be diverted or cancelled due to factors beyond our control. These factors may include, without limitation, traffic congestion, road traffic accidents, road works, road closures, major events, adverse weather conditions or other unforeseen operating circumstances. To the extent possible, passengers will be advised of any disruption to services. However, in the event of cancellation, delay, diversion or termination of any services, or of services being unavailable to passengers as a result of the vehicle being fully loaded, at capacity or for any other reasons, the operator shall not be liable for direct or indirect losses, damages, cost or inconvenience that passengers suffer as a result.
2. Passengers are responsible for their own onward travel arrangements. FoxConnect services are not guaranteed to connect with any bus, train or other service. Passengers should make appropriate allowances or alternative arrangements to ensure they are able to make any onward travel arrangements they have made.
3. The operator is not liable for any loss of or damage to customer property, including ‘lost property’ placed under our control, except as otherwise specified in these Conditions.
4. The operator does not in any way exclude or limit their liability for death or personal injury resulting from their negligence (or that of their employees or agents).

Passenger Conduct

1. Passengers must:

•  not smoke on board the bus at any time
•  not eat or drink on board
•  refrain from consuming alcohol
•  not leave rubbish or discarded items on the bus
•  not be wearing soiled working clothes or carrying any soiled items which might stain the seats etc
•  not play loud music or operate a personal device at a volume which may be heard by other passengers
•  not behave in an abusive or threatening manner. In the case of any violence towards drivers a permanent ban may be implemented against the rider once an incident number has been received from the police
• always have regard for other passengers, including disabled and less mobile passengers and, vacate seats and spaces designated for the less mobile and disabled when required
• notify a member of staff immediately if they sustain an injury whilst boarding, travelling or alighting the vehicle
• not stand forward of the driver
• not talk to the driver whilst the vehicle is moving, obstruct the driver’s vision or otherwise distract them, except in an emergency
• not interfere with equipment fitted on the vehicle
• not deliberately damage or deface any part of the vehicle
• wear a seatbelt if the vehicle you are travelling on is fitted with seat belts. This is a legal requirement
• follow the directions of staff concerning the maximum number of standing passengers that a bus is permitted to carry. All our vehicles contain clear signage setting out their standing capacity
• not distribute leaflets, papers or other articles or offer anything for sale or collect for charity without our prior written consent
• follow staff instructions.

2. The driver may refuse to carry any unsuitable, awkward or hazardous items.
3. Passengers may be refused entry or required to leave the bus for reasons of safety or due to a passenger’s conduct.
4. Passengers may only get on or off the vehicle at designated bus stops or stopping points on the specific route on which travel is taking place.

Fares and Ticketing

1. When boarding passengers must:

• show the driver their booking confirmation and concessionary travel pass (if relevant).
• Children under five years of age travelling with a fare paying or pass holding passenger, will be carried free of charge. 
• Young people under 19 years of age will be charged a discounted fare.
• Concessionary pass holders must show their pass to the driver. The issuing authority determines the concessions of individual passes.

Accompanied Luggage

One suitcase or single package of reasonable dimensions (if such suitcase or package does not occupy or in the opinion of the driver interfere with the occupation of a seat) may be carried free for each fare paying passenger upon the vehicle in which the passenger travels, at the owners’ own risk. The driver may refuse to carry any unsuitable, awkward or hazardous items.

Lost Property

Passengers finding lost property must hand it in to the driver immediately. Property found or handed in to the driver/conductor will be handed in to their depot.

For lost property please email ChooseHowYouMove@leics.gov.uk

Perishable goods may be disposed of immediately; other items will be kept for one calendar month.

Carriage of Wheelchairs, Pushchairs and Cycles

1. All vehicles used on the service will be accessible to wheelchair users.
2. Pushchairs are carried at the discretion of the driver, subject to the type of vehicle being used and the space available. The driver may require that the pushchair be folded, at the start of the journey or part way through the journey if a wheelchair user wishes to board.
3. Wheelchairs will be carried on buses with facilities to carry wheelchairs if there is sufficient accommodation. Wheelchair users have priority over everyone else for the use of the designated wheelchair space since this is the only place in which they can travel safely. 
4. Passengers are required to offer reasonable co-operation in allowing proper use of the designated wheelchair area. If someone in a wheelchair wishes to get on and there is space elsewhere on the vehicle, passengers will be asked by the driver to vacate the space provided it is reasonable for them to do so, including repositioning pushchairs where possible and folding any pushchairs and storing these in the luggage space where available. However, no-one already travelling will be asked to get off the bus to accommodate a wheelchair user.
5. The wheelchairs must be positioned against the backrest, facing backwards.
6. The operator cannot accommodate mobility scooters.
7. The operator cannot carry wheelchairs when, combined with the weight of the occupant, they are heavier than the safe working limit of the wheelchair ramp (in general, the safe working limit is 300kg of total weight although the driver will always have the discretion to evaluate and determine whether the maximum weight limit is likely to be exceeded in the circumstances).
8. The operator cannot accommodate non-folding bicycles or E-scooters. 

Animals

1. Passenger Assistance dogs, such as Guide and Hearing dogs, will be carried free at all times.
2. Other animals that are not considered a danger or nuisance to other passengers will be carried free at the driver’s discretion. The passenger taking the animal on the bus will be responsible for any damage, loss or injury arising from its presence. The animal must not travel on the seats.

CCTV

1. The operator may fit their vehicles and other property with CCTV to provide added security, monitor the conduct of passengers, monitor service quality, to assist them in the process of deterring smoking, vandalism, fraud, theft, anti-social behaviour and attacks on their employees and other individuals, and in support of relevant criminal and civil legal proceedings and complaint investigation. All CCTV equipment and its operation complies with the General Data Protection Regulation and the Data Protection Act 2018 (including the ICO’s CCTV Code of Practice) and any subsequent amendments (“Data Protection Legislation”).
2. Images of passengers may be provided to the police, DVSA, the Traffic Commissioner or any other enforcement agency at their reasonable request, whether to be used as evidence in prosecuting criminal activity or in assisting the identification of individuals or otherwise.

Data Protection

1. If the operator collects or otherwise processes passenger personal data, they will always do so in accordance with the Data Protection Legislation.
2. The Data Protection Legislation creates a number of rights, including allowing passengers to request a copy of the data we hold on For more information on passengers’ rights and how to use them, please go Leicestershire County Council’s Privacy Policy

If passengers would like to exercise any of their rights relating to personal data, including a request for us to provide passengers with a copy of their data, please contact the Data Protection Officer, via the contact methods set out in the Privacy Policy

Security

Passengers must advise the driver immediately if any suspicious article or package is seen on or near a vehicle, or if any passenger is observed acting suspiciously, or if any person is seen to tamper with the vehicle.

Complaints

Passengers wishing to make a comment or complaint about the FoxConnect Service should contact Leicestershire County Council by telephoning 0116 2167756 or emailing ChooseHowYouMove@leics.gov.uk

Limitation of Liability

1. Journeys may take longer than expected or may need to be diverted or cancelled. Where possible, the operator will advise passengers of disruptions.
2. The operator shall not be liable for direct or indirect losses, damages, cost or inconvenience that passengers suffer as a result of cancellation, delay, diversion or termination of any of their services, or of their services being unavailable to passengers as a result of the vehicle being fully loaded, at capacity or for any other reasons.
3. These Conditions do not affect passenger’s statutory rights as a consumer that cannot be excluded as a matter of law.

Miscellaneous 

1. Save as otherwise stated herein, these Conditions constitute the entire agreement between the operator and its passengers. None of the operators employees is entitled to alter or vary any of the provisions of these Conditions.
2. The contract between the operator and the passenger is limited to travel upon their own services and liability (if any) will be limited accordingly. The operator will not be liable for any loss, consequential loss, damage, or inconvenience arising from the communication of information in good faith by any of their employees.
3. The restrictions of liability contained in these Conditions are considered by the operator to be reasonable in all circumstances. However, should any provision of these Conditions be deemed to be invalid or unenforceable this shall not affect the validity and enforceability of the remaining provisions.
4. Without prejudice to all rights and claims otherwise available to the operator, in the event that passengers breach any of the Conditions, or any other condition implied or duties owed as a matter of law (howsoever such conditions or duties arise) the operator has the right to recover compensation for all loss, injury and damage suffered by the operator a result of such breach, including but not limited to costs incurred in repairing or replacing damaged property and loss of revenue. 
5. The governing law for these Conditions shall be the laws of England and Wales and the Courts of England and Wales shall have exclusive jurisdiction.