General Conditions of Carriage
Pursuant to Article 33 Paragraph 4, and in relation to Article 4 Item 26 of the Road Transport Act (Official Gazette No. 82/2013) the Chairman of the Board of Autotrans d.o.o. Rijeka Zvonko Krmpotić BSc Econ, establishes the following
GENERAL CONDITIONS OF CARRIAGE
I GENERAL PROVISIONS
CARRIER is Pepeks d.o.o Zagreb, IV. Trnjanski nasip 20
PASSENGER is the person carried by the carrier upon payment of a fee
SERVICES IN DOMESTIC ROAD TRANSPORT include services on the territory of the
Republic of Croatia
SERVICES IN INTERNATIONAL ROAD TRANSPORT include services between two
or more Member States of the European Union (hereinafter referred to as: the EU)
SERVICES IN INTERNATIONAL ROAD TRANSPORT include services between the
EU Member State and a country outside the EU
VEHICLE is the bus and the personal vehicle exclusively aimed at carrying
TICKET is a document providing passenger with the right to use transport
services of the carrier under the conditions established by these
General Conditions of carriage
The present General Conditions of Carriage establish mutual relationships between the carrier and the passengers who use the services of the carrier in bus and coach transport and the conditions under which the carrier shall offer transport services to the passenger and his/her luggage.
II CONTRACT OF CARRIAGE
With the Contract of Carriage the carrier undertakes to carry safely the passenger and his/her luggage according to the contracted route, and according to the published timetable, and the passenger undertakes to pay to the carrier the transport fare.
The existence of a Contract is proved with the ticket or a special contract.
The ticket contains the date, time and coach service, data about the carrier and the price of service.
Tickets may be purchased at carrier’s ticket outlets, online on carrier’s website, and in carrier’s vehicles, if the registered station of the service that the carrier is performing does not offer ticket sales.
The ticket may be printed or handwritten.
The term pass entitles the passenger to use transport services within a specific period of time, and may be issued for a definite number of journeys or may be issued for an indefinite number of journeys on a specific service.
The term pass contains the name and surname of the passenger, a photo and the category of the passenger.
The type of the term pass depends on the category of the passenger (primary school student, high school student, university student, employed or retired person) and the territory of service, and its issuance is charged for according to the valid pricelist of the carrier.
The ticket is generally issued for a single journey, that is the one-way journey, and is binding for the carrier for the specific date and time of journey indicated on the ticket.
The passenger may buy a return ticket for journeys indicated as such by the carrier.
The return ticket entitles the passenger to travel on the service stated on the ticket and obligates the carrier for the established date and time of the outward journey. The passenger is obliged to confirm the date and time of the return journey by purchasing a reservation.
The basis for the calculation of the return ticket is the full price of two one-way tickets of the specific journey, less the amount of discount according to commercial discounts of the carrier established in advance.
The return ticket contains the validity period that is calculated from the outward journey, and cannot be used after the validity period has expired.
Return tickets are valid on carrier’s services, and in exceptional situations on services operated by other carriers if the carriers have agreed upon it.
It is possible to change the date and time on the ticket, provided that the passenger makes the request to the transport office or to another person authorised by the carrier not later than 2 hours before the beginning of the journey on domestic regular services, that is 6 hours before the beginning of the journey on international regular services. In that case the passenger is obliged to pay a new reservation and bus station fee.
The previous Paragraph of the present Article does not refer to online ticket sales.
The passenger may pre-reserve the seat in the vehicle personally at carrier’s ticket outlets, by phone at the number of the info centre xxxxxxx or the ticket outlet’s number, and by e-mail to the address of the info centre xxxxxxx or the ticket outlet’s e-mail address.
The pre-reservation is binding for the carrier only if the passenger buys the ticket and/or reservation not later than 6 hours before the journey on international regular services, that is 2 hours on domestic regular services.
If the passenger fails to buy the ticket within the period established in Paragraph 2 of this Article, the ticket outlet is entitled to resell the reservation to another passenger, and the previous passenger looses the right to the reserved seat, as well as to the request for compensation from the carrier.
The carrier reserves the right to change on specific services the number of seats indicated on the reservation.
Reservation is not issued without the ticket being purchased, unless the passenger has the return ticket or the term pass.
The seat reservation fee is charged for according to the valid pricelist of the carrier, that is, ticket outlet.
The carrier shall issue to the passenger, upon request, the confirmation about the ticket price for the requested service that the carrier operates.
The confirmation is issued at ticket outlets and it is charged for according to the valid pricelist of the carrier.
The carrier undertakes to refund the fare, less 10% for handling costs, if the passenger decides to cancel the journey and makes the request to the carrier as follows:
- on domestic regular services at least 2 hours before the beginning of journey
- on international regular services at least 6 hours before the beginning of journey
The passenger from Paragraph 1 of this Article is not entitled to a refund of the amount paid for the bus station fee and the reservation.
If the passenger makes the request for refund to the carrier on the unused part of the return ticket within its validity period, the carrier shall deduct from the paid amount of the return ticket the amount of the one-way ticket with the corresponding commercial discount and 10% for handling costs, and shall refund the difference to the passenger.
The validity of the return ticket is calculated from the day of the outward journey.
Lost, damaged or destroyed ticket, as well as tickets cancelled after the period indicated in Article 10 Paragraph 1 of the present General Conditions, shall not be refunded.
The passenger who, by mistake, used the service of another carrier, and not the carrier for which the ticket was purchased, shall not have the right to a refund of the paid fare.
If the passenger has purchased the term pass, and then cancels it, the refund may be requested from the carrier.
a)Term pass for unlimited number of journeys in a specific period of time
If the refund on term pass is requested before the beginning of the validity period of the ticket, the fare will be refunded, less 10% for handling costs.
If the refund on term pass is requested during its validity period, that is, the ticket was partially used, the fare will be refunded less the number of used days at the ticket purchase price from the cancellation date (excluding Saturdays, Sundays and holidays), and 10% for handling costs.
The request for refund is approved exclusively for the period of at least five consecutive days, excluding Saturdays, Sundays and holidays, for which is necessary to attach the appropriate confirmation.
The request for a justified refund (illness, annual leave, etc.) of part of fare for the unused term pass may be presented not later than 5 days after its expiry date, and is necessary to attach the medical certificate, certificate of the use of annual leave, or another proof of the impossibility to use the term pass.
If the term pass is purchased within its validity period, it is not possible to receive the refund of the unused part for the days prior to purchase.
b)Term pass for a definite number of journeys
If the refund on term pass is requested before the beginning of the period for which it was purchased, the fare will be refunded, less 10% for handling costs.
If the refund on term pass is requested during its validity period, that is, the ticket has been used partially, the pass will be refunded less the number of used journeys (coupons) at the ticket purchase price from the cancellation date, and 10% for handling costs.
The request for partial money refund for the unused term pass may be made during its validity period.
In case the term pass is damaged, the passenger shall replace the damaged term pass with a new one by paying the compensation in the amount of the value of the new term pass that shall be valid until the validity date of the previous term pass.
In case of loss of the term pass, it shall be reported immediately at the carrier’s ticket outlet.
The issuance of a new term pass is charged for according to the valid pricelist of the carrier.
The refund is based on the whole and not damaged ticket at the ticket outlet where the ticket was purchased, that is the closest ticket outlet if the ticket was purchased onboard.
Sales staff may refund the ticket on the condition that a transport officer or another person authorized by the carrier has validated it.
The refund request for tickets purchased online, as well as for term passes, is done in written to the address of the carrier as referred to in Article 23 of the present General Conditions.
IV PASSENGER RESPONSIBILITIES
The passenger is obliged to check all the elements of the ticket in the moment of receipt and bring any irregularities immediately to the attention of the sales staff.
If the passenger fails to report timely the errors to the carrier, the ticket shall be considered valid.
The carrier reserves the right not to issue the ticket and refuse to take onboard passengers who damage the assets of the carrier with their behaviour and harass other passengers or the staff.
The passenger is obliged to pay attention to enter the vehicle that is operating the specific service at the bus terminal at the beginning of the journey, that is, at bus stops, and to exit the vehicle at the scheduled final bus terminal or bus stop.
The passenger may enter or exit the vehicle only at the bus terminal, that is, the scheduled bus stop according to the timetable.
The passenger shall mind to travel with the carrier indicated on the ticket.
The passenger shall arrive to the boarding point at least 10 minutes prior to the departure time. In case the passenger is late, the carrier shall not have any liabilities towards the passenger.
The passenger shall keep the ticket during the whole journey and produce it for inspection upon request of the carrier’s authorized person, identified by the official card of the ticket inspector.
If the passenger uses the ticket with a commercial discount, it is necessary to prove his/her identity by producing a personal ID or another appropriate document (e.g. a-card) that allows the passenger to purchase a discounted ticket.
If the passenger damages, looses or, by any means, remains without the ticket, uses the expired or invalid ticket, he/she shall pay to the inspection staff a penalty fare in the amount of 50.00 HRK and the full price for a ticket on a service he/she is travelling on.
The passenger refusing to pay the penalty fare and the full price of the ticket for the service he/she is travelling on due to the lack of a valid ticket shall be excluded from further travel.
The carrier has the right to refuse to provide the ticket or the reservation, or to take onboard a person on the ground of disability or of reduced mobility in case it is necessary to meet applicable safety requirements established by the rules of the international law, Community law or national law, or in order to meet health and safety requirements established by the competent authorities, and in case when the design of the vehicle itself or the infrastructure of bus terminals and bus stations makes it physically impossible to take on board, alight or carry the disabled person or person with reduced mobility in a safe and operationally feasible manner.
During the journey the driver and the inspector of the carrier may exclude a passenger from the journey if:
- he/she jeopardizes good order and discipline onboard
- he/she jeopardizes the safety of travel
- he/she disturbs the staff
- he/she disturbs the inspection staff
- he/she refers to other passenger and/or bus personnel in a indecent manner.
When excluding the passenger from further travel, the bus staff shall give the passenger his/her luggage. In that case the passenger is not entitled to a refund from the location of exclusion to the final destination.
If the passenger gets the bus dirty by wilful misconduct or gross negligence, he/she shall pay for the cleaning service the amount of the actual costs.
The passenger shall pay for the damage incurred to the carrier through his/her own fault.
The passenger who wishes to receive necessary information about a specific journey in its duration shall give his/her contact to the carrier or to the bus terminal when the contract of carriage is stipulated, so as to send the requested information.
Other information for passengers are available on the website of the carrier and at the bus terminals.
In international transport the passenger shall respect the rules valid in other countries that apply to the journey, entry and exit documents (passport, visa, money for the stay in a specific country, etc.), as well as other rules connected with customs, tax authorities and other administrative bodies, as for the passenger itself, and his/her hold luggage and hand luggage.
The carrier has no liability towards the passenger for his/her omission of reasons stated in Paragraph 1 of this Article, for which the passenger might be excluded from further travel.
The passenger has the right to submit a written complaint no later than 90 days from the date when the regular service was or had to be performed, to the address xxxxxxxxxxxxxx or by filling in the online form on the website. The passenger shall attach the ticket and a short motivation of the written complaint.
The carrier shall notify the passenger within 30 days from the receipt of the written complaint that the complaint is accepted, rejected, or still being considered.
The carrier undertakes to give the final answer within a period not longer than 3 months from the receipt of the written notice. If the carrier fails to do so in the indicated time period from the receipt of the written complaint, the passenger may file a complaint to the Ministry of Maritime Affairs, Transport and Infrastructure.
The passenger shall not make public statements related to the indicated service until the date of receipt of the written statement by the Sales Department of the Carrier.
In case of dispute between the passenger and the carrier, the Court of competent jurisdiction is that of the place where the headquarters of the carrier is.
V. CARRIER RESPONSIBILITIES
The carrier establishes the timetable and the price of transport for all destinations of a service, and publishes them in an appropriate way, at ticket outlets, excluding vehicles.
When establishing the transport prices, the carrier may take into consideration commercial discounts for specific categories of passengers, determined as such.
The carrier shall accept to transport and carry each person that satisfies the conditions from the present General Conditions of Carriage:
The carrier may refuse to carry:
- persons who carry firearms, excluding passengers on duty, under the condition their weapon is in safe mode,
- persons showing clear signs of contagious or mental diseases, as well as persons with open wounds (unless it is an person injured in traffic accident, carried to the nearest healthcare institution),
- children up to 10 years, if not accompanied by adults. The carrier shall accept to carry children from 11 to 18 years of age to the parents’ own responsibility.
- persons whose clothes or luggage are so dirty that there is the risk of getting dirty other passengers’ clothes in the vehicle, or the vehicle itself,
- persons under the influence of alcoholic drinks or narcotic drugs,
- persons without appropriate clothing (wearing bathing suits, without parts of clothing and footwear, wearing ski boots, etc.).
In case of cancellation or delay in departure from the bus terminal in domestic road transport, in international road transport between EU Member States with scheduled distance of the service up to 250 km, as well as in international road transport between a EU Member State and a non-EU country for more than 30 minutes, the passenger has the right to choose among the following:
-to continue with the journey or to redirect it to the destination without additional travel cost, or
-to return to the departure point with full refund of the travel ticket, or
-to interrupt the journey with refund of the unused-part of the ticket.
For damages caused to the passenger due to interruption, delay or not performed service, the carrier shall not be liable in case of severe weather conditions, traffic jams, and in cases that are not a consequence of wilful misconduct or gross negligence of the carrier.
In international road transport between EU Member States with the scheduled distance of the service of at least 250 km, the passenger has the following rights:
-in case of cancellation or delay in departure from the bus terminal for more than 120 minutes, or in case of overbooking, the passenger may choose to continue or to redirect the journey to the final destination with the first available service without any additional transport cost, or the refund, and, where necessary, a free return journey to the first point of departure indicated in the contract of carriage at the earliest opportunity.
-this does not apply to passengers who have the open date ticket without a validated ticket and reservation with time and date of the return journey.
The passenger shall announce his/her choice in a verifiable way within 60 minutes after the circumstances from previous Paragraph of this Article have arisen.
The refund to the passenger referred to in Paragraph 2 Subparagraph 1 of this Article shall be paid within 14 days from the date of receipt of the passenger’s request, in cash, unless the passenger accepts another form of compensation. The refund includes the full amount of purchase price, for the unused part or parts of the service, and for the used parts of the service if the journey does not comply any more with the passenger’s journey plan.
-in case of cancellation or delay in departure from the bus terminal for more than 90 minutes for journeys with scheduled duration of more than 3 hours, the passenger has the right to a snack or refreshment in reasonable relation to the waiting time, provided they are available in the bus terminal, or can reasonably be supplied, and a hotel room or other accommodation in cases where a stay of one or more nights becomes necessary. The cost of accommodation is limited to EUR 80.00 per night, and for a maximum of two nights.
The carrier is not obliged to provide accommodation if the cancellation or delay is caused by severe weather conditions or major natural disaster endangering the safe operation of services.
-In the event of an accident arising out of the provided service according to the present General Conditions, the carrier shall provide passengers from Paragraph 1 of this Article with reasonable and proportionate assistance with regard to the passengers’ immediate practical needs following the accident, including transport, food, clothes, and the facilitation of first aid. The total cost of accommodation per passenger is limited to EUR 80.00 per night, and for a maximum of two nights.
Carrier’s vehicles carry hand, hold, and unaccompanied luggage, as well as items that are not considered hand, hold, and unaccompanied luggage, under the conditions established by the present General Conditions.
Personal vehicles 8+1 in road transport carry exclusively hand luggage.
Hand luggage include items that may be brought in the vehicle, that is, personal vehicle referred to in Article 28 Paragraph 2 of the present General Conditions, and stored in the appropriate place for it, and that the passenger guards by himself/herself.
Hand luggage refers in general to items of small dimensions, such as handbags, nets and similar, that can be stored in the overhead racks, or the passengers can keep with them, under the seat, and ensure not to disturb other passengers.
Hand luggage referred to in Paragraph 2 of this Article is free of charge, and the carrier is not liable for the loss or damage of items.
Hold luggage include suitcases, bags, backpacks and similar, and the transport service has a fee.
Items that are not considered hold luggage include items that the passenger is carrying with him/her, such as: cases, baskets, sacks, casings and similar items that by their dimension and weight can be stored in the storage compartment (baggage hold) and are charged according to the valid pricelist for unaccompanied luggage.
The carrier may, to the passenger’s request, carry not more than two pieces of luggage, and if it disposes of necessary storage compartment, and does not overloads the vehicle, even more than two.
When accepting and handling luggage, staff shall issue a corresponding ticket – luggage tag, and the receipt for the luggage transport service that the passenger shall keep during the whole journey, and produce it for inspection upon request.
The pricelist for the service, hold and unaccompanied luggage and items is set by the carrier and shall be prominently displayed in outlets of the carrier.
The existence of a contract of carriage of hold luggage and items can be proved only with the luggage ticket and the receipt for luggage transport service.
The carrier shall be liable for damage incurred as a result of loss or damage of hold and unaccompanied luggage and items in the amount of up to CHF 500.00 according to the middle exchange rate of the CNB on the day of payment.
The carrier shall not be liable for damage referred to in Paragraph 1 of this Article if the hold luggage is not packed, or sufficiently packed, and due to that lack is, by its nature, exposed to loss or damage.
Upon luggage consignment the passenger shall inform the staff about the value of the luggage exceeding the amount referred to in Paragraph 1 of this Article, and allow the staff to inspect the luggage.
Valuables, securities, or other valuable items the passenger shall carry in hand luggage.
The passenger shall compensate to the carrier the damage incurred due to the characteristics or conditions of luggage.
The carrier shall not accept to transport luggage including hazardous items, explosive and highly flammable items, items with unpleasant odour, perishable goods, corrosive goods or goods that may hurt or get dirty other passengers, damage the bus or carried other passengers’ items, fragile goods, cash, securities, valuables, jewellery or works of art.
Transported animals may include exclusively guide dogs accompanying blind persons as passengers.
In accordance with the available space in the baggage hold, the carrier may transport unaccompanied luggage.
Unaccompanied luggage include items that are not accompanied by a passenger onboard, and that the carrier takes for transport with the accompanying luggage ticket, and delivers in the agreed destination indicated on the voucher.
The contract of carriage of unaccompanied luggage obliges the carrier to transport the taken luggage to the agreed destination and deliver it to the recipient or his/her attorney (with the exhibition of a power of attorney of the recipient). The luggage tag shall contain the route and the name and surname of the recipient. The staff confirms the take over of unaccompanied luggage for transport with their signature on the ticket, delivered to the recipient when the service is charged for, while at the delivery the recipient confirms the receipt with his/her signature on the luggage tag sample that remains to the staff.
The existence of the contract of carriage is proved only with the luggage ticket for unaccompanied luggage.
The carrier is not liable for incorrect information about the content of unaccompanied luggage.
The staff is authorised to refuse to accept luggage in case the passenger or the sender refuses to declare its content.
As unaccompanied goods, excluding the items referred to in Article 33 Paragraph 2 of the present General Conditions, the following shipments will not be accepted for transport:
- fresh and frozen fish and fish products, seashells and molluscs,
- fresh and frozen meat and meat products,
- milk and dairy products.
The carrier shall not accept for transport unaccompanied luggage in international transport.
The sender shall deliver the unaccompanied luggage not later than 15 minutes before departure of the vehicle according to the timetable, failing to do so the carrier is not obliged to accept it.
The recipient shall wait for the vehicle in order to take the unaccompanied luggage.
The carrier is not liable for unaccompanied luggage if the recipient fails to wait for the bus.
Upon the exit from the vehicle the passenger shall take with him/her all his/her belongings from the vehicle and take his/her hold luggage.
All items found after the journey the staff shall give to the authorised person of the carrier or to the company that manages the operation of the bus terminal.
The carrier is not liable for perishable goods found in the vehicle after the journey, while for other items the carrier is liable up to 8 days from the end of the journey.
VII. FINAL PROVISIONS
Carrier’s vehicles that have built-in video surveillance at a prominent place at the entrance to the vehicle, as well as in the vehicle itself, shall have a sign indicating that the vehicle is monitored by cameras.
Recorded data are confidential.
Checking recorded data is possible by order of the carrier’s responsible person, upon request of the Ministry of Internal Affairs or the Court, and upon request of the passenger included in the recording, to his written request and by indicating the purpose for which the recorded data is requested.
The carrier shall keep as trade secret all information about the passenger and without his/her consent, except in cases prescribed by the law or to the request of the competent government authorities, shall not disclose personal data of the passenger collected for the purpose of the contract of carriage.
All disputes among passengers during the journey shall be settled by the staff, while possible disputes among passengers and staff shall be settled by an authorised person of the carrier.
The present General Conditions shall enter into force on the day of their adoption, and are available to the passengers on the carrier’s website www.pepeks.hr. and at all carrier’s ticket outlets.
With the entry into force of the present General Conditions, the acts that were previously regulating the subject matter shall cease to have effect.
Online ticket sales is regulated by separate General Conditions.
The carrier may change the present General Conditions in accordance with its business policy and the valid EU legislative acts and regulations.
In Zagreb, xxxxxxx 2014