Terms & Conditions
1. STANDARD TERMS AND CONDITIONS OF CARRIAGE FOR THE PROVISION AND OPERATION OF A PASSENGER TRANSPORT SERVICE.
Title and Commencement
These conditions shall be known as the Howick & Eastern Buses Ltd Standard Conditions of Carriage and shall take effect from 1 March 1998 for the purpose of every contract for the carriage passenger.
In these conditions unless inconsistent with the context the following terms shall bear the following meaning.
- Manager – means the Chief Executive or General Manager of the Company, or in their absence the appointed deputy.
- Employee – means and included any servant or agent of the Company with the responsibility, express or implied, for the proper operation of the Company’s services or for the protections of its vehicles or other property.
- Fare – means any fare or change which may be fixed from time to time the Company in respect of it’s passenger service, or any special passenger service which it may from time to time provide.
- Driver – means and includes any depot office, supervisor driver for the time being officially in charge of a vehicle or engaged in the duties of issuing or checking tickets or regulating the loading or operation of vehicles.
- Passenger – means any person being carried by or about to be carried by the Company on a vehicle whether by special pass, hire or reward on the transport system and every other person, e.g.: employee, bound by these conditions.
Pay and Payment and words of like meaning in relation to fares include:
- The production of an authorized single or multi-journey ticket/pass, transfer ticket or other specialist ticket or electronic devices for cancellation or partial cancellation either by the driver or by machine for the passengers immediate intending journey.
- The production and cancellation/recording of an approval pass or period ticket,
- The offer of money to the driver in payment of the fare for which a ticket or electronic device shall be issued as a receipt for the corresponding value.
Ticket – includes a prepaid multi-journey fare, e.g.: EZI PASS
Transport System – means and includes the public passenger transport system for the time being under the control and management of the Company, including any vehicles, waiting room, bus shelter/kiosk and any other facility associated with the provisions of the Company Services.
Vehicle – means and includes any omnibus, van and any other public passenger conveyance belonging to the Company, or worked upon or in connection with the transport system and used for the carriage of passengers.
Waiting Area – means and includes any shelter, seat room or other accommodation available for the use of people waiting for a vehicle in which they intent to travel.
In these conditions:
- Words in a singular shall include the plural, and vice versa and words referring to gender shall be either masculin or feminine.
- Unless otherwise stated references to money and or statutes shall refer to New Zealand lawful currency ($ and c) or laws or regulations.
- Adults are responsible for the behaviour and actions of any accompanying junior.
Binding of These Conditions
A person who uses any part of the transport system for any purpose agrees, by doing so, to be bound by these conditions while using the transport system.
- No passenger shall enter or leave or attempt to leave a vehicle whilst it is moving or waiting at any road intersection or traffic signal or at other than that an authorised bus stop or recognised set down area
- No passenger shall enter or attempt to enter the vehicle through any entrance untill all alighting passengers have alighted
- All intending passengers shall, upon request by a driver, form an orderly queue and shall enter the vehicle in a quiet and orderly manner through the front door unless instructed otherwise by the driver
- No passengers shall stand or remain standing on the steps of the vehicle or any unauthorized Part of the vehicles when requested by the driver to move or sit down.
- Unless on a prepaid charter type service, each passenger shall upon entering the vehicle shall Either pay the fare and be issued with a ticket or show a pass for recording of their journey in Accordance with the Company’s Fare Schedule. No passenger shall evade payment of a fare.
- No passenger shall travel on the vehicle beyond the point for which they have paid a fare, without first paying the correct fare for the additional distance they intend to travel.
- Where any passenger offers cash in payment of the fare to the driver, which is in excess of the Fare and for which the driver is unable to give the correct change, the passenger shall be regarded as a passenger unable to pay the fare. The passenger shall give their name and address to the Diver and shall pay the correct fare to the Company at its office within sever days. If the passenger fails within seven days dot pay the fare to the Company, the Company shall be entitled to charge such reasonable further sum by way of administrative fee as it shall determine and take such steps as it thinks is reasonable to recover payment of fare and charge.
- When the passenger produces a valid prepaid ticket, the driver shall forthwith cancel the ticket to the appropriate extent by means of the approved canceling/recording device.
- A ticket that is issued upon payment of the fare shall be available only upon the vehicles and journeys for which it is issued and shall be retained for the duration of those journeys.
- No passenger shall produce to the driver a ticket, which is improperly altered or has expired or has been wholly cancelled.
- Every passenger shall upon request give to the driver full and correct information as to where they had boarded the vehicle and details as to payment of the fare and shall produce for inspection the ticket, which relates to the fare.
- Every passenger upon request shall give to the driver true details of their name and address, where the driver has a good reason to require that information.
- The driver shall have the right to refuse to carry any person, adult or minor, or to seek to remove or remove from the vehicle any passenger who is intoxicated, drugged, dirty or behaving in a manner which is dangerous or offensive to other passengers or the driver, or who refuses to obey a reasonable request made by the operator under these circumstances.
- No passenger shall spit, consume food or drink intoxicating substances or deposit offensive matter in or upon any vehicle, waiting area, nor deface or damage its Company vehicle or street furniture.
- No driver or passenger shall smoke or sniff any substances on any vehicle whilst in scheduled Route service.
No passenger shall behave in an offensive manner whilst on the vehicle or in a waiting area including:
- Place feet on seats in vehicle or waiting areas
- Using obscene language
- Operating a radio, television set, mp3 player, or any instrument, or play any game without headphones which may annoy or inconvenience other passengers or cause a distraction to the driver.
2. SERVICE TO OUR CUSTOMERS
2.1 CUSTOMER SATISFACTION
Our customers are the most important people in our business and we depend on them not them on us.
They are the reason for us being in business and they are the people who make it possible for the Company to prosper. As such customers are deserving of the most courteous and attentive treatment that we can give them.
Our customers expect:
- To be treated with courtesy
- The bus to be clean and reliable and that it will take them where they want to go on time
- That they will be safe when they are on board from either accident, threatening behaviour or assault.
2.3 PUBLIC RELATIONS
Good public relations are achieved from high quality service, hard work and a polite and safe manner towards our customers, colleagues and other road users.
As drivers you are in the public eye at all times when you are driving around Auckland and so it is important to remember that your actions and general behaviour determine how our Company image is viewed and judged by both our customers and general public.
Included in this Manual are the “Standard Terms of Carriage” which you should be familiar with and understand because they will assist you in your dealings with customers. A copy is held in the Depot for public viewing.
2.4 BOARDING AND ALIGHTING
Customers must only board or alight at recognized bus stops, except in emergency situations or when you have been authorized to allow them to board or alight elsewhere, (e.g.: on charter)
NB On dedicated school runs, school children are only permitted to alight from the front door except at the school termination stop. The bus must be brought to a complete stop, alongside the kerb where possible, before you open the doors.
Customers should be seated, or safely in a standing location before the bus pulls away from the bus stop.
In the event that a customer is injured while boarding or alighting from a bus, or traveling on a bus, the driver should give any assistance that is required, obtain the persons details, the names of any witnesses, inform the Depot by radio and complete an accident report where possible or immediately on return to the Depot.
2.5 PUSHCHAIRS AND LUGGAGE
Company policy is that all permitted luggage is carried free of charge but at customer’s risk. Where possible please assist pushchairs and large items of luggage.
Bicycles are NOT permitted on any bus service.
Pushchairs and larger items of luggage should be carried in the outside storage lockers where provided, but if full or not provided they may be carried inside the bus preferably within a luggage containment area.
In the event that luggage cannot be stowed/secured so that it is not a hazard to the comfort and/or safety of passengers you may refuse to carry the luggage, e.g.; very large package or piece of furniture.
The only animals permitted to travel on Company vehicles are medically trained dogs, e.g. for the blind, seizure control or for the deaf, clearly identified trainee guide dog puppies or police dogs and their handlers in the course of their duty.
2.7 FORBIDDEN LUGGAGE
Customers are not permitted to bring anything inflammable, alcoholic, dangerous or dirty in nature on to the bus. Dirty luggage may be placed in external lockers, if available. Inflammable goods or weapons are not permitted at any time.
2.8 PERSONS NOT PERMITTED TO TRAVEL ON COMPANY BUSES
- Persons whose clothing or luggage may soil the vehicle or other customer’s clothing or property
- Intoxicated persons
- Persons carrying and/or consuming food or liquid
- Persons playing radios, tape recorders, CD players or musical instruments
- Persons smoking
Drivers reserve the right to refuse to allow a person to travel on a bus; this should do so politely with an explanation of why the person cannot travel. If the person or their companion is abusive, offensive or aggressive the driver will contact the Depot for advice or help. All drivers will try not to aggravate any situation as this may prove dangerous for themselves and/or other customers.
2.9 BEHAVIOUR OF CUSTOMERS
On occasions it may become necessary for you to talk to customers about their behaviour whilst they are on the bus. Use commonsense about approaching customers and remember the safety and convenience of the other customers as well as your own.
Customers are not permitted to:
- Smoke on buses
- Eat on buses
- Consume intoxicating liquor on buses
- Operate radios, TV’s or similar equipment, play any musical instruments or become offensive or act in a disorderly manner to any person on the bus.
If a customer or intending customer becomes offensive or acts in a disorderly manner towards you, or refuses to accept a drivers explanation about fares or conditions for travel, the driver will ask for and write down the persons name and address, and if possible the name and addresses of any witnesses and then let the person travel on the bus.
Ask for help by radio if necessary and at the end of your duty provide a written report on the incident and hand into the duty Inspector on return to the Depot.
Drivers do not become physically involved with a difficult customer, whether an adult or school pupil unless it is absolutely necessary for the safety of you or other customers.
Under the Terms and Conditions of Carriage of Howick and Eastern Buses, any person may travel on a bus to any destination, provided that the person
- Has paid the appropriate fare in cash
- Has been issued with a ticket from the ETM
- Has paid by multi-journey “ EZI Pass ” and that a ride has been deducted from the pass
- Has shown an approved current pass of any type
- Is not in a category of persons not permitted to travel as described in Chapter 2 Paragraph 2.8 and 2.9
The driver is responsible for ensuring that all passengers have the appropriate ticket issued from the ETM.
3.0 PASSES AND REDUCED FARES
Some persons are entitled to travel without paying a fare or at a reduced fare provided they produce the appropriated and current authorization e.g. Auckland Transport (AT) Card
- School primary & intermediate pupils – Child Fare
- Secondary pupils – must have current school ID for Child Fare and must show photo ID Card
- Tertiary students attending approved education centers – must ride with a 10 ride concessionary or pay an adult single fare – must have current University ID
- Under 5 FREE
- Blind Passengers – must have current Royal Foundation of the Blind ID to receive the Child Fares
- IHC – must have an AT card with IDEA Services, eligible for child fares
- Senior citizens – must have a senior citizen gold card
- AT Contract Control Officers when on duty
- Police Offices – FREE with valid ID
- Fullers Ferry Captain’s Club Card
Each ride must be recorded on the ETM
Tertiary student 10 trip EZI PASS may only be purchased at the approved education establishment or at the Depot, otherwise payment of the full adult cash or standard 10-trip concession fare is required.
3.1 PAYMENT OF FARES
Customers must tender cash, an ‘EZI-PASS’ or other approved pass for a fare. Money orders, credit/EFTPOS style cards, foreign coins or banknotes are NOT acceptable on the bus.
NZ bank cheques may be accepted for payment for the purchase of an ‘EZI-PASS’ or other period passes, provided the passenger writes their name, address and telephone number clearly on the reverse of the cheque and also includes the current bank cheque clearance fee 35 cents in the total amount paid in cash.
Some other form of identification should be requested and verified. The serial number must be recorded on the reverse of the cheque e.g. bank ATM card, driving license or community service card.
Any person unable to pay a fare must be allowed to travel on the bus, but the driver MUST record the name and address of the person and fare value on the back of the waybill and bring to the attention of the Duty Inspector when returning to the Depot. Drivers are to use their discretion in the event of suspicion that the fare evasion is not other than a genuine and infrequent occurrence.
The action of any driver who takes a fare without issuing a ticket or canceling and recording a concession card/pass use or who permits any unauthorized person to travel without paying a fare is viewed as a serious offence and may be liable to dismissal.