- What these terms cover and why you should read them
1.1 These are the terms and conditions on which we supply services to you.
1.2 Please read these terms carefully before you make a booking with us. These terms tell you
who we are, how we will provide services to you, how you and we may change or end the
contract, what to do if there is a problem and other important information.
- Information about us and how to contact us
2.1 We are Fillmybus.com Limited, a company registered in Scotland. Our company registration
number is SC554898 and our registered office address is Branxholm, Ellwyn Terrace,
Galashiels TD1 2BA.
2.2 You can contact us by telephoning our customer service team at 07763520191 or by writing
to us at info@fillmybus.com or the postal address given above.
2.3 If we have to contact you we will do so by telephone or by writing to you at the email
address or postal address you provided to us when you registered to use our services or
made a booking.
2.4 When we use the words “writing” or “written” in these terms, this includes emails.
- Our contract with you
3.1 Our acceptance of your booking will take place when we email you to accept it, at which
point a contract will come into existence between you and us.
3.2 If we are unable to accept your booking, we will inform you of this and will not charge you for
the booking. This might be because a particular vehicle is full or becomes unavailable, or
because we have identified an error in the price of the booking.
3.3 We will assign a booking number to your booking and tell you what it is when we accept
your booking. It will help us if you can tell us the booking number whenever you contact us
about your booking.
- Vehicles
4.1 The images of the vehicles on our website are for illustrative purposes only. The colour or
size or type of vehicle on which you travel may vary from those images.
- Your rights to make changes
5.1 Please ensure you book the correct date and departure location. If you make an error or
wish to make a change to your booking please contact us. We will let you know if the
change is possible. If it is possible we will let you know about any changes to the price of
your booking, the timing of supply or anything else which would be necessary as a result of
your requested change and ask you to confirm whether you wish to go ahead with the
change. If we cannot make the change or the consequences of making the change are
unacceptable to you, you may want to end the contract (see paragraph 8).
- Our rights to make changes
6.1 We may make the following changes to your booking, but if we do so we will notify you and
you may then contact us to end the contract before the changes take effect and receive a
refund for any booking paid for but not used:
(a) A change to the location of embarkation (within 1 mile of the original location);
(b) A change to the location of disembarkation (within 1 mile of the original location); and
(c) Any change considered necessary due to disruption caused by a passenger.
- Providing the services
7.1 We will provide the services on the date or dates set out in your booking.
7.2 If our supply of the services is delayed by an event outside our control, such as a vehicle
breakdown or an accident involving an individual or vehicle on which we were relying to
deliver the services, then we will contact you as soon as possible to let you know and we will
take steps to minimise the effect of the delay. Provided we do this we will not be liable for
delays caused by the event, but if there is a risk of substantial delay you may contact us to
end the contract and receive a refund for any services you have paid for but not received.
7.3 We may need certain information from you so that we can supply the services, for example,
if you require a wheelchair-friendly vehicle. If you do not give us this information, or if you
give us incomplete or incorrect information, we may either end the contract or make an
additional charge of a reasonable sum to compensate us for any additional expenditure that
is required as a result. We will not be responsible for supplying the services late or not
supplying any part of them if this is caused by you not giving us the information we need to
supply the services.
7.4 Please ensure you take suitable clothing, food and anything else you might require for your
journey. Our vehicles are not stocked with such items.
- Your rights to end the contract
8.1 If you want to end the contract because of something we have done or have told you we are
going to do, see paragraph 8.2.
8.2 If you are ending a contract for a reason set out at (a) to (e) below the contract will end
immediately and we will refund you in full for any products which have not been provided
and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the services or these terms which you
do not agree to;
(b) we have told you about an error in the price or description of the services you have
paid for and you do not wish to proceed;
(c) there is a risk that supply of the services may be significantly delayed because of
events outside our control;
(d) we have suspended supply of the services for technical reasons, or notify you we are
going to suspend them for technical reasons; or
(e) where you have a legal right to end the contract because of something we have done
wrong.
8.3 For most goods and services bought online you have a legal right to change your mind
within 14 days and receive a refund. However, please note this right does not apply to:
(a) a contract for passenger transport services; or
(b) an off-premises contract under which payment to be made is less than £42; or
(c) a contract for the supply of accommodation, transport of goods, vehicle rental
services, or catering or services related to leisure activities, if the contract provides for
a specific date or period of performance.
Accordingly you may not be due a refund if you change your mind for any reason other than
those reasons listed in paragraph 8.2.
8.4 Even if we are not at fault and you do not have a right to change your mind (see paragraph
8.3), you can still cancel a booking before we have provided the services. In such case
please just contact us to let us know. The contract will end immediately and we will refund
any sums paid by you in respect of the booking but we may deduct from that refund (or, if
you have not made an advance payment, charge you) reasonable compensation for the net
costs we will incur as a result of your ending the contract.
- Our responsibility for loss or damage suffered by you
9.1 We do not exclude or limit in any way our liability to you in respect of:
(a) death or personal injury caused by our negligence or the negligence of our
employees, agents or subcontractors; or
(b) any failure by us to provide the services in accordance with your booking, with
reasonable skill and care (subject always to paragraph 7); or
(c) any other circumstance where it would be unlawful to do so.
9.2 Subject to paragraph 10.1, we shall not be liable to you for any loss or damage suffered by
you or for any indirect or consequential losses.
- Your responsibility for loss or damage caused by you
10.1 If you damage the vehicle you are responsible for paying either the cost of replacement or
the estimated repair costs (whichever is lower) and any other losses incurred by us as a
result of the vehicle being unavailable or unusable or late for subsequent journeys. You will
not be charged if our standard cleaning procedure resolves the damage.
4
- How we may use your personal information
11.1 We will use the personal information you provide to us:
(a) to supply the services to you;
(b) to process your payment for the services; and
(c) if you agreed to this during the registration or booking process, to give you information
about similar products that we provide, but you may elect to stop receiving this at any
time by contacting us.
11.2 We will only give your personal information to third parties where the law either requires or
allows us to do so.
- Other important terms
12.1 We may transfer our rights and obligations under these terms to another organisation, for
example if we merge with another company.
12.2 You may not transfer your booking (or any rights or obligations relating to your booking or
arising under these terms) to another person.
12.3 Each of the paragraphs of these terms operates separately. If any court or relevant authority
decides that any of them are unlawful, the remaining paragraphs will remain in full force and
effect.
12.4 If we do not insist immediately that you do anything you are required to do under these
terms, or if we delay in taking steps against you in respect of your breaking this contract,
that will not mean that you do not have to do those things and it will not prevent us taking
steps against you at a later date.
12.5 These terms are governed by Scottish law and you can bring legal proceedings in respect of
the services in the Scottish courts. If you live in England you can bring legal proceedings in
respect of the Services in either the English or the Scottish courts
