Flexibus conditions of carriage

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Passenger rights and conduct

These Conditions of Carriage (from here onwards “Conditions”) set out the passenger’s rights and obligations whilst travelling on services operated under East Sussex County Council under the “Flexibus” brand (from here onwards “We” or “we” as the case may be).

Conditions may be altered from time to time without notice.

We aim to provide you with a safe, reliable and friendly bus service. We are not responsible for the behaviour of other passengers or road users.   

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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.
  2. To the extent possible, we will advise passengers of any disruption to our services. However, in the event of cancellation, delay, diversion or termination of any of our services, or of our services being unavailable to passengers as a result of the vehicle being fully loaded, at capacity or for any other reasons, we shall not be liable for direct or indirect losses, damages, cost or inconvenience that passengers suffer as a result, save to the extent that any losses are covered by fixed compensation schemes, which are specified locally.
  3. Passengers are responsible for their own onward travel arrangements. We do not guarantee that our service will 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.
  4. We shall not be liable for any loss of or damage to customer property, including ‘lost property’ placed under our control, except as otherwise specified in these Conditions.
  5. We do not in any way exclude or limit our liability for death or personal injury resulting from our negligence (or that of our employees or agents), nor for any other events our liability for which cannot be excluded (including, without limitation, pursuant to EU Regulation 181/2011 and associated national legislation).
  6. Geographical service and operating hour restrictions apply and may change at any time, without notice.
  7. We will not serve any route with an existing, conventional bus or passenger rail service, either directly or indirectly, on any day when that service operates.
  8. Though we endeavour to provide transport in any areas without any conventional bus or passenger rail service, we will not provide Flexibus services in light of any conventional service changes or industrial action that is not long-term or permanent.
  9. All bookings must be made in advance through the established customer service call centre or mobile application. Walk-ons are not permitted.
    • Bookings may be made up to seven calendar days (168 hours) in advance.
  10. Flexibus operates a dynamic demand responsive transport (DDRT) model. The service is not intended to replace conventional buses, nor does it offer Private Hire or Hackney Carriage-style transport. DDRT is a rideshare, on-demand and pre-booked local bus service and aims to aggregate patronage. The service may encounter delays to optimise passenger journey opportunities from time to time.
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Passenger conduct

Passenger conduct needs to be considerate towards others and consider the impact of their actions on a public service meant for all. 

  1. Passengers must:
    • not smoke, vape, nor light tobacco or carry lighted tobacco or other substances on board the bus at any time,
    • not eat or drink hot foodstuffs 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 or damage the vehicle in any way,
    • ensure other passengers and the driver are not able to hear or be distracted by loud music or personal devices,
    • not behave in an abusive or threatening manner towards any staff member or other passenger,
    • always have regard for other passengers, including disabled and less mobile passengers and, vacate seats and spaces designated for the less mobile and notify a member of staff immediately if they sustain an injury whilst boarding, travelling on, or alighting the vehicle,
    • not stand forward of the driver or enter the cab,
    • 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,
    • remain seated throughout the journey. It is not expected that any passengers are permitted to stand on board Flexibuses due to vehicle capacities being below the limits at which standing is permitted.
    • 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.
    • Should the driver attempt to facilitate a journey with an unsuitable stopping point as suggested by the journey planning software, the driver will move to a more suitable pick-up point and endeavour to contact the passenger with their location.
  5. In any case of any unruly behaviour, violence, threats of violence or hinderance towards operation, a permanent ban may be implemented against the passenger. Our decision will be final.
  6. Passengers must not make or attempt to make journeys that are unavailable on Flexibus through manipulation of the booking system.
    • This includes, but is not limited to, booking a journey not possible through an established via point.
      • A representative example is where journeys from Point A to Point B and vice-versa are unavailable by Flexibus, as the route is covered by existing, conventional means, so a passenger books a journey from A to C and then a separate journey from Point C to Point B.
    • Passengers must make any journey amendments through the established call centre or mobile application. The driver will not pick up or set down at any other location other than where arranged by confirmed booking, unless on the grounds of safety, or in the event of an emergency.
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Fares and ticketing

  1. When boarding passengers must:
    • show the driver a valid ticket, valid pass or pay a fare regardless of booking method. If the ticket has been purchased via the app, the mobile ticket must be shown.
    • request a ticket, if paying the fare on board the bus or showing a concessionary pass receive a ticket for that journey. This is the passenger’s receipt for the journey they are making.
    • retain their ticket throughout the whole journey and allow authorised officials to check their ticket. Passengers paying a single fare, or a day return fare are not permitted to break their journey without payment of a further fare unless specified by East Sussex County Council.
  2. Up to two children under five years of age, not occupying a seat, and travelling with a fare paying or pass holding passenger, will be carried free of charge.
  3. Passengers attempting to purchase or holding a child’s or younger person’s ticket must show photo proof of age to the driver.
  4. English National Concessionary Travel Scheme concessionary pass holders must show their pass to the driver before or after it is scanned.
    • The concessionary pass must be legible and must be electronically scanned on the ticket machine,
    • The issuing authority determines the concessions of individual passes,
    • The concession pass may be used within its issued time restrictions,
    • At times, concessionary pass holders may have to pay a fee to use Flexibus. Any concessionary charges and other fares are stated on our published fare chart.
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Accompanied luggage and items carried on board

  1. Luggage and other items should only be carried where the passenger(s) are able to manage to put items on and take items off the bus without undue assistance and within the time limits of a regular pick-up and set down. Items are carried at the owners’ own risk. Luggage should be moved to accommodate other passengers, particularly wheelchair users.
  2. The driver may refuse to carry any such item that is unduly bulky, combustible or offensive, which causes inconvenience to other passengers or which, in the discretion of an authorised person, obstructs the driver in the course of their duties.
  3. Unaccompanied luggage and parcels including pets will not be carried.
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Lost property

  1. The law regarding property lost on buses is contained in the Public Service Vehicles (Lost Property) Regulations 1978 as amended.
  2. Passengers finding lost property must hand it in to the driver immediately. Property found or handed in to the driver will be handed in to their depot.
  3. For lost property, please email Flexibus at flexibus@eastsussex.gov.uk, or call 01273 078203, providing a description of the missing item and journey details.
  4. Perishable goods may be disposed of immediately; other items will be kept for one calendar month.
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Carriage of wheelchairs, pushchairs and bicycles

  1. We will always try to use a low-step or wheelchair accessible vehicle wherever possible. However, there may be occasions when we cannot do so for technical, operational or other reasons. We reserve the right to substitute without notice a low-floor or wheelchair accessible vehicle with another type of vehicle, at our absolute discretion.
  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 or space limitations require it.
  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. Wheelchairs may not travel in any other area of the bus.
  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 or clear the wheelchair space of luggage and other items where it is reasonable. 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, use any anchoring equipment provided and follow any driver or written instructions provided. The wheelchair must be constructed with suitable and marked anchoring points so that they can be secured and positioned against the backrest.
  6. Mobility scooters are not permitted on board.
  7. We cannot carry wheelchairs when, combined with the weight of the occupant, they are heavier than the safe working limit of the wheelchair ramp or lift (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. Passengers must notify us whether they require wheelchair space when making a telephone or app booking.
  9. Only the driver may operate the on-board wheelchair lift or ramp equipment.
  10. We cannot accommodate non-folding bicycles or e-scooters, or other vehicles.
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Carriage of animals

  1. Assistance or service dogs, such as Guide and Hearing Dogs may be carried free at all times of service.
  2. Dogs that are not considered a danger or nuisance to other passengers will be carried free at the driver’s discretion.
  3. Common household pets may be carried on board, providing they are in secure carriers, at the driver’s discretion.
  4. No livestock, including poultry, may be taken on board.
  5. 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 and must be under strict control at all times.
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CCTV

  1. We may fit our vehicles and other property with CCTV (Closed Circuit Television) to provide added security, monitor the conduct of passengers, monitor service quality, to assist us in the process of deterring smoking, vandalism, fraud, theft, anti-social behaviour and attacks on our 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(Information Commissioner Office)’s CCTV Code of Practice) and any subsequent amendments (“Data Protection Legislation”).
  2. Images of passengers may be provided to the police, DVSA (Driver and Vehicle Standards Agency), 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.
  3. Images may be shared with Service Providers to aid any insurance or staff disciplinary investigation.
  4. Bus operators may install their own CCTV and vehicle monitoring equipment to enforce their own policies, and for insurance reasons.
    • Vehicles operated by East Surrey Rural Transport Partnership (“ESRTP”) operate their own visual, audio and vehicle location recording equipment. This equipment and the data it collects is the sole responsibility of ESRTP, who act as its Data Controller. For further information on these systems or scheme, contact ESTRP by email at rtp@esrtp.org.uk or by letter at East Surrey Rural Transport Partnership, Tandridge District Council Offices, 8 Station Road East, Oxted, RH8 0BT.
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Data protection and GDPR

  1. If we collect or otherwise process passenger personal data, we will always do so in accordance with  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 them.
  3. For more information on passengers’ rights and how to use them, please go to East Sussex County Council’s Privacy Statement. 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 Statement.
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Security, first aid and aided assistance

  1. 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.
  2. There is no obligation for drivers to render first aid to passengers or provide first aid items. Where a driver is trained to offer assistance and can do so safely, they will do so.
  3. Passengers must be able to enter and exit any Flexibus vehicle unaided without risk of injury. Reasonable assistance will be provided to those in wheelchairs.
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Comments and complaints

  1. Passengers wishing to make a comment or complaint about the Flexibus service should contact East Sussex County Council’s Flexibus operations service by telephoning 01273 078203 or emailing flexibus@eastsussex.gov.uk .
    • All inbound correspondence by telephone and email is filtered and actioned by our Service Providers.
  2. Feedback on the service is welcomed in order to assess and improve performance. Ratings for individual journeys can be left via the mobile application.
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Limitation of liability

  1. Journeys may take longer than expected or may need to be diverted or cancelled. Where possible, East Sussex County Council will advise passengers of disruptions.
  2. We 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 our services, or of our 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.
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Passenger cancellations

  1. Passengers must notify us if they wish to cancel their journey as soon as practical.
  2. Passengers who cancel their journey at short notice are liable to pay the full fare applied to their journey.
    • Short notice is up to and including 20 minutes prior to the scheduled departure time.
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Fair usage

Passengers are subject to our Fair usage policy.

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Miscellaneous

  1. Save as otherwise stated herein, these Conditions constitute the entire agreement between East Sussex County Council and its passengers. None of East Sussex County Council’s employees is entitled to alter or vary any of the provisions of these Conditions 
  2. The contract between East Sussex County Council and passenger is limited to travel upon East Sussex County Council’s own services and liability (if any) will be limited accordingly. East Sussex County Council will not be liable for any loss, consequential loss, damage, or inconvenience arising from the communication of information in good faith by any of East Sussex County Council’s employees.
  3. The restrictions of liability contained in these Conditions are considered by East Sussex County Council 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 East Sussex County Council, 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) East Sussex County Council has the right to recover compensation for all loss, injury and damage suffered by East Sussex County Council 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.
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Right to refuse service

  1. Flexibus and its Service Providers retain the common law right to refuse service, provided the refusal is not on the grounds of protected characteristics defined within S.4 Equality Act 2010.
    • Service Providers include our contracted:
      • bus operator staff, when operating on Flexibus services,
      • operations staff, including telephony and operations management,
      • relief vehicle provision staff, including Private Hire Vehicles,
      • mobile app developer staff,
      • staff that Flexibus utilises in the execution of its duties.
  2. Flexibus and its Service Providers may invoke this right where they see fit, providing their reasoning is sound.
  3. A suspension or ban from service may be imposed on any passenger should they breach these Conditions.

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