Autotrans group
APP Požega
General Conditions
Autotrans d. o. o. Rijeka
Pursuant to Article 30 and with respect to Article 2, Item 27, of the Law on Transportation in Road Traffic (Official Gazette No.178/04, No.48/05 and No.111/06), the following
GENERAL CONDITIONS – FARES
for passenger, luggage and goods transport
in the public transport of passenger by road
have been laid down as follows:
I GENERAL PROVISIONS
CARRIER
DOMESTIC ROAD TRANSPORT
INTERNATIONAL ROAD TRANSPORT –
Article 1.
General Conditions – Fares for the transport of passenger, luggage and goods (hereafter referred to as general conditions) shall be applied by the carrier in accordance with the prices set down for every line, and/or every carriage effected.
Article 2.
These general conditions regulate the rights of the carrier and passengers assumed for the purpose of the public road transport and terms and conditions under which the transport service shall be provided to the passengers by the carrier.
Article 3.
The rates for the carriage of passenger and luggage in the public road transportation of passenger shall be fixed by the carrier.
II CONTRACT OF CARRIAGE
Article 4.
Having bought the ticket, the passenger shall be deemed to have concluded a contract of carriage with the carrier. The carrier undertakes to perform the carriage of passengers, safely and by the route as agreed upon, by such vehicle as stipulated in the contract of carriage and on such comfort and hygienic conditions which, given the transportation facilities and travel distance, are considered necessary. There is no other document to prove the contract of carriage’s existence but the ticket. The contract of carriage is concluded between carrier and passenger or carrier and ordering party.
Article 5.
It is the carrier’s duty to make sure that the passenger with a ticket bought, is provided with a corresponding bus seat and transported to the destination place by the fixed travel route, according to the timetable made public. The passenger is obliged to keep the ticket during the voyage and to present it for inspection when requested to do so by the inspector or bus crew.
Article 6.
The ticket is made out to the bearer. In addition to the date and time of issuing, route and price, it also comprises the date and time of departure.
As, in the international transport, the ticket is made out to name, it should, in addition to the data stated in the paragraph 1. of this Article, also contain passenger’s full name.
No such ticket can be assigned over to another person without carrier’s approval. Tickets lacking any of the elements stated in paragraphs 1 and 2 of this article, shall be invalid.
Article 7.
Tickets are generally made out for a single journey and there are no other time-related obligations assumed by the carrier except the date and hour indicated in the ticket.
There are also return tickets available to passengers. Such ticket is made out with the term of its validity which shall count from the day the journey started. No return ticket is available for the travel distances shorter of 50 km. The return tickets are only valid for the carrier’s vehicles.
Article 8.
With the exception of Articles 6 and 7 of these general conditions, season tickets ( pass) and/or chip tickets are also available to passengers against one off-payment and in accordance with the carrier’s tariff in force. Such pass and/or chip ticket is made out to the holder’s name for a specific period of time, which is visible from the ticket itself. Consequently, the pass or chip ticket can be bought for one month, three months, six months or one year period, depending on the user’s category ( high-school pupils, students, workers or retired persons) and application regime (days).
The coupons for the pass tickets are sold at the carrier’s selling counters where the CHIP ticket’s validity can also be renewed.
As to the CHIP tickets, these are valid only on production of one’s identification document (identity card, passport, driving license, ATR card and the like).
If, during the CHIP ticket validity period, the CHIP is damaged and the data can not be read out, a new CHIP ticket will be issued to the holder against payment of the full CHIP ticket’s price, as a replacement for the damaged one and with the same validity period.
The month-based calculation shall be made in calendar terms from the first to the last day of the month.
Any loss of such ticket, must be immediately reported to the counter where it was bought, in order to prevent possible misuses.
Article 9.
The tickets are sold at the licensed selling counters ( bus stations, bus stops, agencies and the like).
With the exception of the paragraph 1 of this article, tickets can be bought on the bus provided that :
there is no organized sale of tickets at the bus stops of the line run by the carrier, where the boarding of passengers takes place
because of a last minute boarding and in order to avoid late departure, there is no more time for a passenger to buy the ticket at the licensed selling counter.
Article 10.
The bus seats can be booked at the licensed selling counters by telephone, in writing, by cable, e-mail or any other reasonable way, with the tickets bought not later than 6 hours before the bus departure in the international line service, 2 hours in the domestic line service respectively.
If a passenger fails to buy the ticket within the above specified times, the selling counter has the right to sell the booking to another passenger and the former shall forfeit a right to the booked seat and shall not be entitled to claim any damage from the carrier.
Article 11.
No booking is possible without the ticket bought, except in cases when passenger is in possession of a return ticket, season ticket (pass) or benefit ticket. The booking fees are charged in accordance with the carrier or bus terminal’s valid price list. The booking will not be charged for occasional free bus services.
The provision stated in the paragraph 1 of this Article applies to the line bus service up to 50 km.
Article 12.
There are various type of tickets used by the carrier, depending on the type of journey, commercial discount, span of time , distance travelled, category of citizens, territory and the like.
Article 13.
The passenger has the right to withdraw from a contract of carriage before the journey has started.
The carrier would be obliged to reimburse the passengers for the price of ticket decreased by 10% in compensation of handling charges in the following cases:
when the withdrawal, in the domestic
when the withdrawal, in the international line service, takes place not later than 6 hours before the service has started
in the occasional (free) bus service not later than 48 hours before such service has started.
Failing that, the passenger shall have no right to claim any reimbursement.
When a passenger, who has bought a return ticket,for either domestic or international line bus service,is not in a position or does not wish to make use of it, he has the right to claim the reimbursement from the carrier, but not later than the date and time stated in the return ticket, in accordance with the paragraph 2 of this Article.
When, in accordance with the provisions and terms stated in the above paragraph, a passenger claims to be reimbursed for the unused part of his return ticket, he shall be reimbursed for the sum remaining after the one way price been deducted, with no discount, plus 10% for the handling charges.
Article 14.
As to the season ticket ( pass) first bought and then cancelled, the passenger has the right to ask to be reimbursed by the carrier.
If such reimbursement is claimed before the beginning of the month for which the ticket has been bought, the amount to be reimbursed to the passenger shall be decreased by 10% for the handling charges.
If such reimbursement is claimed in the course of the month, meaning that the ticket has been partly used, the amount to be reimbursed shall be decreased by the number of the unused days at the price of the ticket bought, from the day of cancellation ( Saturdays, Sundays and holidays not included) plus 10% in compensation for the handling charges.
When there are valid reasons (illness and similar events) for claiming partial reimbursement for the unused season ticket, such claim can be lodged by the 5th of the current month for the previous month.
The above mentioned claim can be lodged only for a period of at least five consecutive working days, Saturdays, Sundays and holidays excluded.
For the cases dealt with in the above paragraphs 4 and 5, the passenger shall be refunded for the price of the season ticket less 10% in compensation for the handling charges.
Only the month which the season ticket applies to, can be subject of the claim for partial reimbursement of the traveling fees.
Article 15.
The reimbursement for the travelling fees is made at the licensed ticket selling counters.
No such reimbursement can be made by the carrier’s bus crew.
The reimbursement for the travelling fees can be made by ticket salesperson providing the ticket has been verified by the bus dispatcher on duty or other authorized person.
When a passenger who has bought the ticket is not able to use it within the specified period of time,
no change of the ticket validity term shall be made possible for him by the carrier unless asked for in compliance with Article 13, paragraph 2. of these general conditions.
Should the bus departure be cancelled by the carrier or the bus is late for more than 30 minutes, passengers shall be entitled to request the reimbursement for the full ticket price.
In case that the minimal number of the passengers foreseen in the offer or laid down in the contract concluded for the occasional (free) voyage is not reached, the carrier shall have the right to cancel it 32 hours before departure at the latest, with no obligation to pay any damages. The passengers are however entitled to the reimbursement for the full amount paid.
Article 16.
No reimbursement shall be paid for the ticket that have been lost or cancelled after the time limit stated in Article 13, paragraph 2. of these general conditions has elapsed
The passenger, who by his own mistake has boarded the bus of another carrier, instead of that the ticket has been purchased for, shall have no right to claim compensation from the carrier for the price of such ticket.
Any ticket, modified or damaged , no matter how, shall be seized as invalid and the passenger shall be charged for the full ticket price plus the corresponding fine.
Article 17.
Should the voyage be interrupted for the reasons not imputable to passengers, these shall have the right to demand the carrier to take one of the following measures:
to have the passengers and their luggage transported, either by his own or somebody’s else vehicle, to the place of destination with no additional charges
to take the passengers and their luggage back to the place of departure, with the full ticket price refunded, or
to compensate the passengers for the route not travelled.
No damages occurred under paragraph 1 of this Article shall be deemed to be the carrier’s responsibility, should it be proved that the interruption, delay and/or failure to provide the service were not the consequence of his intention or gross negligence. He shall be also exempted from responsibility in the event of force majeure.
Should the journey be interrupted for the reason not imputable to the carrier, the passenger shall have no right to use the ticket for the realization of the route not travelled, by another carrier’s vehicle.
Article 18.
For all other cases not quoted in Articles 13, 14, 15 and 16 of these general conditions, the passengers have the right to submit a complaint in writing, within 8 days from the transport service provided, and send it to Autotrans d.o.o., Consumer Protection Commission, Trg Žabica 1, 51000 Rijeka.
The carrier commission’s written reply shall be sent to the passenger within 30 days from its receipt.
Article 19.
It is the carrier’s duty to establish the timetable and tariff for the carriage of passenger and made them public in an appropriate way. The tariff is a component part of these general conditions.
The carrier’s tariff which includes commercial fare reduction for certain category of the citizens
(retired persons, schoolchildren, students, islanders ..) shall be clearly signposted at the counters selling the carrier’s tickets.
When exercising his right to the fare reductions, the passenger is obliged to produce the evidence of its identity ( identity card, driving license, ATR card, with authentic photograph).
ATR card is an identification document made out to pupils, students or union members.
The carrier reserves the right to refuse to make out either season or other tickets to any ill-behaved passenger causing damages to the carrier’s property and creating difficulties to other passengers and bus crew.
Article 20.
At the passenger’s request, carrier shall make out a confirmation evidencing the price of the ticket’s cost for the required distance. Such confirmation, made out on the appropriate forms, are obtainable at the carrier’s selling counter and is charged at the price clearly signposted at the counter.
Article 21.
Every passenger found by the inspector to have no ticket, will have to pay a fine in accordance with the carrier’s tariff applicable to distance up to 100km and a full price of the respective ticket.
Article 22.
It is the passenger’s duty to take care of boarding the right bus when departing from the bus stations or bus stops and leaving the bus at the place of destination. No boarding or leaving the bus shall be permitted unless taking place at the bus station and/or bus stop foreseen in the timetable.
Article 23.
A passenger can be ordered to leave the bus by the inspector or bus crew when:
not complying with the code of conduct in the bus
putting in danger the safety of traffic
obstructing the work of bus crew
obstructing the work of inspector
behaving badly towards passengers or bus crew.
At the time of leaving the bus, the suspended passenger shall be given his luggage, In such event, the passenger has no right to ask for compensation of the travelling costs from the place of its suspension to the place of destination.
Article 24.
It is the passenger’s duty to keep the ticket during the whole journey, that is until arriving in the place of destination.
It is the driver’s duty to make sure that all the passenger have correct tickets.
Passengers found without ticket, refusing to pay corresponding fine and full ticket price, shall be ordered to leave the bus .
Article 25.
No boarding shall be admitted to the following persons:
anyone carrying fire arms, with the exception of the passengers being official persons on duty providing their arms are at safety.
persons with obvious signs of infectious or mental disease or those having open wounds ( except those injured in traffic accidents and being transported to a medical institution),
children below 5 age if not accompanied by adults
persons whose cloth or luggage is dirty to such a degree as to create serious danger for other passengers or vehicle.
alcohol and drugs influenced persons
persons wearing inappropriate and scant cloths ( bathing suits, missing some parts of clothing or shoes, wearing ski-boots and the likes).
Article 26.
Should the bus become dirtied as a consequence of the passenger’s intentional doing or his gross negligence, the passenger shall be charged for the full cost of cleaning.
It is the passenger’s duty to compensate the carrier for any damages occurred by his fault.
III CARRIAGE OF LUGGAGE
Article 27.
The buses operating in the road traffic can carry hand luggage, passenger’s luggage, unaccompanied luggage as well as other objects not considered as hand, passenger or unaccompanied luggage, under the terms laid down in these general conditions
Article 28.
Hand luggage are objects which can be carried into the bus, appropriately placed and which are taken care of by the passenger himself.
Hand luggage
No transport fees shall be charged for the above mentioned hand luggage, nor the bus crew shall be responsible for its loss or damage.
Passenger’s luggage
There are objects
Two pieces of luggage at the most can be normally admitted to the bus.
However, admittance of any additional piece of luggage depends on the available baggage- space and vehicle load requirements.
For the luggage received and placed in the bus, the passenger shall be given a corresponding luggage way bill. The carrier’s tariff regulating transport charges for the passenger and unaccompanied luggage shall be made public and clearly signposted at the carrier’s selling counters.
There is no other document to prove the existence of the carriage contract but the luggage way bill, that is the luggage way bill serial number stuck to the ticket, in the international bus service.
Article 30.
With the exception of the provisions laid down in Article 29 of these general conditions, the transport of luggage shall not be charged in the occasional ( free) carriage of passenger.
Two pieces of luggage at most shall be admitted on board the bus while the admittance of any additional luggage depends on the available space and load requirements.
Article 31.
The carrier’s responsibility for the damage caused by the lost or damaged passenger, unaccompanied luggage is limited to the amount of 2.500,00 kuna. However, the carrier shall assume no responsibility for the damages from paragraph 1 of this Article, if these have occurred as a consequence of poor or inadequate packing of the passenger’s hand and unaccompanied luggage.
Article 32.
Any damage occurred as a consequence of the luggage conditions shall be compensated to the carrier by the passenger. The following items are forbidden in the bus transport and no luggage containing such material shall be received by the carrier: dangerous material, explosive and easy-inflammable material, bad-smelling objects, highly-perishable goods, corrosive goods, objects liable to make passengers dirty or injured, damage the vehicle or other passenger’s objects, various fragile goods, money, security papers, shares, valuable objects, jewelry or works of art.
Article 33.
As to the transport of animals, there must be compliance with the following regulations:
cats, birds and other small animals can be transported as hand luggage adequately placed in bird-cages, basket, boxes and other similar facilities preventing possible inconveniences or damages from happening to other passengers and objects; no animal shall be received without a valid veterinary health certificate.
dogs specially trained to guide the blinds shall be received as passengers, when accompanied by the blind person and with Kennel Club card.
Article 34.
In domestic transport, the carrier is allowed to take the unaccompanied luggage, providing there are enough room in the bus luggage compartment.
Unaccompanied luggage
In compliance with the provisions laid down in the contract on the unaccompanied luggage transportation, the carrier undertakes to make sure that the luggage taken over is transported to the destination place as agreed upon and handed over to the consignee or the person authorized by him. In addition to the price and route of transportation, the unaccompanied luggage way bill shall also contain the full name and address of both, consignor and consignee.
By signing the luggage way bill, bus crew confirm their acceptance of respective unaccompanied luggage. A copy of the luggage way bill, signed as stated above, shall be delivered to the consignor when the transport service is paid, while the receipt of the luggage by the consignee shall be confirmed by his signature put on the way bill copy kept by the bus crew.
There is no other document proving the existence of the contract on the unaccompanied luggage transportation but the luggage way bill.
Article 35.
In addition to the objects mentioned in Article 34 of these general conditions, there are other things which can not be transported as unaccompanied luggage, such as:
fresh and frozen fish and fish products, mussels and mollusks
fresh and frozen meat and meat products
milk and milk products.
No unaccompanied luggage is permitted in the international bus transport
It is the consignor’s duty to make sure that unaccompanied luggage is handed over not later than 15 minutes before the bus is scheduled for departure. Failing this, the carrier shall not be obliged to take it over. It is the consignee’s duty to meet the bus and take over the unaccompanied luggage. If not, the carrier shall not be responsible for the luggage not taken over.
IV FOUND OBJECTS
Article 37-
Found objects are any object that has been lost or left in the bus by the passengers.
Article 38.
It is the bus crew’s duty to check the bus immediately after the passengers have get off the bus at the bus terminal or bus stop. The bus crew is not permitted to leave the bus before this has been inspected. The things found in the bus should be handed over to the carrier’s authorized person or the bus terminal operator.
V CONCLUDING PROVISIONS
Article 39-
Any dispute arising among the passengers shall be settled by the bus crew. In case of disputes arising between the passengers and the bus crew, these should be settled by the authorized person of either the carrier or bus terminal operator.
Article 40.
In the international transport, the passengers must comply with the foreign country’s regulations concerning voyaging, necessary documents required when entering/leaving foreign countries, and all other provisions relating to custom office, tax office and other administrative bodies. If there is no such compliance, the carrier reject every responsibility for the passenger failing to adhere to these regulations.
Article 41.
Carrier reserve the right to modify any provision laid down in these general conditions, in accordance with the business policy of his company and legal regulations in force.
Any such change shall be made public for the passenger by being clearly displayed at every counter selling the carrier’s ticket and on web page www.autotrans.hr.
Article 42.
It is the carrier’s legal department who is authorized to give the interpretation of these general conditions.
Article 43.
These general conditions, when effective, shall annul and substitute the former Fare-General Conditions for Passenger, Luggage and Goods Transport in the Public Transport of Passenger by Road from July 2003 and General Conditions regulating the use of Autotrans’ season (Chip) tickets of May 15, 2006.
In Rijeka, 15th February 2008.
CARRIER
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