Regulations defining the conditions of passenger service, check-in and transport of persons and goods of Berlinia GROUP sp.z o.o. based in Szczecin
CONDITIONS FOR TRAVELLERS
Berlinia.net Terms & Conditions
§ 1 Legal basis
1. These Rules are established based on Art. 4 of the Carriage Law of November 15, 1984 (J. of Laws 2012, item 1173).
2. The Rules set out terms and conditions related to profit-making carriage of persons and baggage performed by the Carrier.
3. The Rules apply to profit-making carriage of persons and baggage in international road carriage including regular carriage and occasional carriage
4. Regulations adopted by these Rules are applied in close connection with provisions of the Carriage Law and executive provisions based there the Carriage Law of November 15, 1984 (J. of Laws 2012, item 1173) and implementing regulations issued on the basis on determined routes, as provided by the law of September 6, 2001 on road carriage (J. Of Laws, 2013, item 1414) and the Civil Law of April 23, 1964 (J. Of Laws, 2014, item 121).
§ 2 Definitions
The terms used in the Rules have the following meanings:
regular carriage
public carriage of persons and their baggage at defined intervals and on determined routes, as provided by the law of September 6, 2001 on road carriage (J. Of Laws . 2013, item 1414) and of November 15, 1984 – Carriage Law (J. of Laws 2012, item. 1173);
special regular carriage
non-public regular carriage of persons in which passengers of certain categories are carried, excluding other persons;
occasional carriage
carriage of persons which does not comply with the definition of regular carriage and special regular carriage;
vehicle
a bus or other vehicle intended for carriage,
baggage
an individual thing (or set of things) constituting personal property of the Passenger (or the crew) during carriage, disclosed or undisclosed.;
ticket
a document entitling the person specified in it to be carried on a defined route, in a defined time and for a defined fare;
Berlinia Group sp. z o.o.
a company with registered office at ul. Al.Wojska Polskiego 40 U/1A,
partner companies
domestic and foreign carriers that Berlinia.net pursuant to art. 5 of Carriage Law, had entrusted with providing carriage service, listed in the timetable the tables in the vehicles;
high chair
a chair for children under 12 years of age, under 150 cm of height and suitable for the child's weight and height and in agreement with relevant technical conditions;
list of fares
current fares on routes included in the timetable including fare for domestic route section, foreign route section, 8% VAT minus a discount the Passenger might be entitled to;
passenger
natural person carried or indented to be carried based on valid ticket;
carrier
Berlinia Group sp z o.o., company providing carriage of passengers based on license for carriage of persons or partner companies providing such service on behalf of Berlinia Group;
carriage
carriage service provided by the Carrier within domestic and international regular and occasional carriage
timetable
information on routes, places of departure and arrival and other information necessary for proper use of carriage services established by Berlinia Group with indication as to the period for which it is valid; timetable is not a business offer;
contract of carriage
a contract between the passenger and the carrier executed through ticket purchase form Berlinia Group or travel agency that is the company's representative, on the basis of which the Carrier is obliged, against remuneration based on the list of fares, to carry the passenger following the timetable and the Rules.
§ 3 Conclusion of contract of carriage and ticket
1. Road carriage is provided by the carrier or by the partner companies.
2. The conclusion of contract of carriage requires that the Passenger buy the ticket before the carriage starts.
3. Before purchasing a Ticket, the passenger should read the provisions of the Regulations available on the website: www.berlinia.net.
4. Ticket purchaser is obliged to verify the information on the ticket.
5. Unless otherwise announced, the fare is based on the list of fares as on the day of ticket purchase. The fare may be paid in Euro according to the exchange rate set by the Carrier.
6. A ticket including:
a) the seller's name and tax identification number,
b) number and date of issue,
c) fare distance not shorter than 50 km,
d) amount due including tax,
e) amount of tax constitutes an invoice pursuant to §20 of the Regulation of the Minister of Finance of May 25, 2005 on tax refund to some taxpayers, advance tax refund, invoice issuing and its documentation as well as list of goods and services that do not fall under refund on goods and services tax.
7. The Passenger may ask for issuing VAT invoice based on the purchased ticket within 3 months (natural persons) or 7 days (legal persons and individuals conducting business activity).
8. The ticket cover constitutes an integral part of the ticket. No unauthorized persons can tear off any parts of the ticket or else the ticket will be invalid.
9. BThe ticket is a personal document issued to the Passenger indicated on it, therefore it cannot be given to other persons without first making changes of the purchaser on the ticket. Such changes may be done by the Carrier before the journey.
10. Any change made on the ticket should be verified by a stamp and signature of the seller. Any changes on the ticket not verified by the seller may result in the ticket being invalid.
11. No ticket duplicates are issues – this concerns situations when the ticket is damaged to the point of being unable to identify (drenching, rumpling etc.) as well loss and theft etc.
12. No refund is given for tickets damaged to the point of being unable to identify and for lost and stolen tickets.
13. No refunds are given for tickets that were not used for carriage due to the fault of the Passenger, unless the passenger has obtained the appropriate certificate entitling him to reimbursement after deducting the compensation fee.
14. The carriage starts the moment the vehicle with Passengers moves from the departure place.
15. If the Passenger does not use the ticket, it is valid for the next 8 hours from the planned departure on the intended route if the Carrier can provide vacant seats in the next rides.
16. Online booking may be canceled.
§ 4 Limitation of carriage
1. The Carrier is not obliged to provide the carriage service if:
a) circumstances take place that are impossible to foresee by the Carrier and whose result the Carrier could not avoid,
b) The Passenger did not comply with the rules of carriage,
c) because there is no vehicles or means to carry an object,
d) The Carrier does not have an additional high chair and its use is obligatory because of the age and height of the Passenger pursuant to the provisions of the law of June 20, 2007 Carriage Law,
2. The Carrier can refuse to carry a Passenger who:
a) not comply with the conditions of the contract of carriage or in the Rules;
b) is in a state indicating alcohol or drug intoxication;
c) is in a state indicating an illness whose effects might create hazard to other passengers;
d) behaves in a way that is troublesome to other passengers;
e) does not comply with the customs and foreign exchange regulations or was not allowed entrance to the country by the immigration authorities;
f) carries objects prohibited by these Rules or other domestic or international regulations;
g) carries objects which due to the number or kind require longer customs clearance procedures and may therefore cause delays in the vehicle's custom clearance on the border;
h) threatens safety or order in transport.
3. The Carrier can refuse to carry a Passenger who does not have a valid ticket, visa necessary for crossing the border or other relevant document needed for travel.
4. The Carrier may, pursuant to par. 135 of the Alien Registration Act (Ustawa o cudzoziemcach) of June 13, 2003, demand from the foreign Passenger to show a valid passport and visa before starting the journey. In cases when the Passenger does not show or have such documents, the Carrier retains the right to refuse to carry the foreign Passenger without further claims on the part of the Passenger.
5. The Carrier retains the right to refuse to provide carriage service and to keep a ticket of a Passenger when there is suspicion that the ticket was purchased by using illegal methods.
6. In cases when carriage cannot be continues, the Carrier will take all necessary steps to provide a replacement vehicle for carriage.
7. In case of interruption of traffic or loss of connection as provided for in the timetable, the Passenger is entitled to reimbursement for the whole interrupted journey and, in addition, he may return to the place of departure free of charge, unless the carrier is unable to organise such transport.
8. The Carrier insures the Passenger for the time of travel. The Passenger is insured against the results of accidents that happen through the fault of the Carrier. Any incidents causing damage outside of the vehicle are not included in the insurance.
9. A passenger who was refused carriage shall be entitled to a refund appropriate to the unused carriage service, after the deduction of the distance referred to in § 6.
§ 5 Making reservations
1. The Passenger can make a reservation no later than:
a) 48 godzin przed planowaną godziną przejazdu za pośrednictwem strony internetowej Przewoźnika,
b) 24 hours before the planned time of departure in the Carrier's office.
2. Reservations can be made by phone: (091) 488 22 44, in the Carrier's office or a representative agent as well as on the website www.berlinia.net. List of agents is available in the Carrier's office and website.
3. Payments for fares are made:
a) through internet banking,
b) using debit card on the Carrier's website,
c) using www.płatności.pl through the Carrier's website,
d) through a bank, Post Office or express delivery service,
e) cash or non-cash in the Carrier's office or a representative agent,
f) cash directly to the driver.
4. The Carrier confirms reservation by giving a confirmation number after the payment is confirmed. In the case of payment made through a bank, Post Office or express delivery service, the reservations is confirmed after recording the amount due in the Carrier's bank account. Alternatively, the Passenger may confirm payment, however, no later than 72 hour before the planned departure.
5. If the reservations is for a person requiring a high chair, disabled person or person requiring permanent care from a third party, it must be communicated to the Carrier at the time of placing a reservation and no later than 2 hours before the planned departure.
6. The Carrier makes it clear that any reservation not confirmed by the Carrier does not create grounds for claims on the part of the Passenger for concluding the contract of carriage. The Carrier does not guarantee that at the moment immediately following the receiving of search results there will not be other offers on the Carrier's websites. Such guarantee does not apply to the past either.
7. An internet reservation can be cancelled.
§ 6 Changes and termination of contract
1. The Passenger may terminate the contract at any time excluding point 2.
2. The traveler who has withdrawn from the contract of carriage is entitled to a refund appropriate to the unused transport service, after deducting the compensation referred to in paragraph 3.
3. If the Passenger terminates the contract:
a) 169 hours and earlier before the start of the journey, the Carrier shall reimburse the passenger for the fare paid, less a 5 % cancellation of the fare.
b) between 72 hours and 168 hours before the start of the journey, the Carrier shall reimburse the passenger for the fare paid, less a 10 % deductible.
c) within 24 to 72 hours before the start of the journey, the Carrier shall reimburse the passenger for the fare paid, less a 20 % cancellation of the fare.
d) within 24 hours before the start of the journey, the Carrier shall reimburse the Passenger for the fare paid minus a 30 % cancellation.
4. The Passenger can make changes to the contract in terms of:
a) time of departure,
b) destination,
c) class of vehicle,
d) Passenger's personal data.
5. Changes to the contract stipulated in point 3, The passenger should obtain an appropriate certificate from the Carrier, as well as receive a refund or pay the difference in fare. In cases when instead of the Passenger, a person carried is supposed to use a high chair, the change can be made no later than 48 hours prior to the planned time of departure.
6. The possibility to make changes in reservations can be additionally limited by the offer through which the ticket was purchased.
7. In justified cases the Carrier can lower the compensation for loss of contract specified in point 3.
§ 7 Baggage
1. Baggage carried in the baggage compartment should be labelled in a way established by the Carrier.
2. The Passenger is entitled to a free-of-charge carriage of 1 item of baggage up to 20 kg and carry-on baggage up to 5 kg. The maximum dimensions of baggage carried free of charge cannot exceed 80cmx40cmx60cm, and those of carry-on baggage cannot be larger than 40cmx30cmx50cm (length/ width/ height).
3. The Passenger can take carry-on baggage to a car as long as it does not inconvenience other passengers.
4. Baggage should be packed in a way that ensures protection from damage. Inappropriate packaging can relieve the Carrier of the responsibility if the baggage is damage during travel.
5. For additional baggage the price is set in the pricelist.
6. The fee for baggage reported immediately prior to the departure is set by the driver depending on the dimensions, weight and type of baggage.
7. The carriage does not allow:
a) objects that may cause hazard or inconvenience during travel both to the Carrier and other passengers,
b) objects whose carriage is prohibited under separate regulations
c) animals,
d) zwłoki i szczątki zwłok ludzkich.
8. The Carrier can refuse to take baggage stipulated in points 3 and 4, as well as baggage of non-standard dimensions, weight or type.
9. In cases when there is well grounded suspicion, the Carrier can check if the content of the baggage does not violate § 7 points. 3 and 4 of these Rules.
10. Baggage should be claimed by the Passenger immediately upon reaching the destination.
11. Unclaimed baggage will be eliminated by the Carrier in the following situations:
a) lack of feasible guidelines for removing the obstacle in carriage or release of baggage,
b) loss of carriage documentation and impossibility to establish the person entitled to claim the baggage.
12. Baggage elimination is done by:
a) sale,
b) free transfer to a competent organizational unit,
c) destruction.
13. The Carrier starts liquidation after 30 days from the date of baggage collection, but not earlier than 10 days from the date of notification of the passenger about the intended liquidation of baggage.
14. If it is impossible to store the baggage or the storage entails too high costs in relation to he baggage worth, the Carrier can proceed to eliminate the baggage before the time stipulated in point 13.
15. If the baggage is sold, the amount acquired is given to the Passenger after deducting amounts due to the Carrier. If the amounts due to the Carrier exceed the selling price, the Passenger covers the difference. When calculating the difference, the amounts due arisen through no fault of the Passenger, are not included.
16. The manner of baggage elimination and baggage worth is established by a commission appointed by the Carrier. If no price is settled or when the baggage does not contain valuable content, the commission determines its estimated worth, and if necessary with the help of an expert.
§ 8 Passenger's responsibilities
1. The Passenger should comply with all the travel-related requirements, present all necessary travel documents for entering and leaving the country or other documents needed for travel (passport, visa).
2. The driver responsible for the Carriage has the right to check documents entitling the Passenger to travel, as well as to do baggage check in cases when there is a well-grounded suspicion that the content is against the provisions stipulated in these Rules. The control is done in the presence of the Passenger.
3. At the driver's request, the passenger is obliged to present his passport, visa or other document entitling him to cross the border.
4. A passenger who refuses to present the documents referred to in paragraph 1 shall not be allowed to leave the vehicle. If the passenger is not able to travel, or if he or she is unable to check his or her baggage, he or she loses the opportunity to travel. In this case, the toll paid shall be refunded in proportion to the unused part of the benefit after deduction of the part of the (offset) fee referred to in § 6.
5. The passenger must have a valid ticket.
6. The passenger shall be fully responsible for the possession of valid documents referred to in the preceding paragraphs.
7. Unless the regulations of the destination and transit countries, or entries in the notes to the published timetable of the line provide otherwise:
- children under 12 years of age must travel in the care of an adult;
- persons between 12 and 16 years of age may travel on their own, but must have an authorisation issued by their parents or guardians on behalf of the carrier to carry a minor.
In special cases the carrier may derogate from the rules described in this point.
8. Passenger with a reservation is required to show up at the departure place, and in the case of occasional carriage at the place agreed upon with the Carrier – at least 10 minutes prior the planned departure. Failure to show on the part of the Passenger is treated as renunciation of the carriage. Passenger who is late for a reserved travel can be included in the next carriage provided that there are seats available.
9. Immediately upon taking the seat in the vehicle the Passenger is required to fasten the seatbelts.
10. When the vehicle is moving the Passenger should show caution and not open the door or windows without the driver's permission, throw out any objects or jump on and off the vehicle in movement.
11. The Passenger cannot behave in a way that causes inconvenience to the driver or other passengers. In particular the Passenger should not use TV, and radio equipment or other media recording and playing sound, play any musical instruments or play gambling games.
12. No smoking, alcohol or drug consumption is allowed in the vehicles. The crew can prohibit using cell phones and other equipment that hinder the completion of the contract of carriage.
§ 9 Regular carriage
1. The passenger makes a reservation for the journey indicated in the timetable announced by Berlinia Group
2. The Passenger is fully responsible for choosing during the reservation procedure the precise time for a given route.
3. Stops, routes and departure times are announced in the timetable.
4. The Passengers can get on and off the vehicle only at bus stops or in other safe places clearly indicated by the Carrier in situations when it is impossible to use a bus stop.
§ 10 Occasional carriage- BERLINIA GROUP TRANSFER
1. When making a reservation for occasional carriage the Passenger is required to provide the following information:
- Passenger's first, last name and phone number,
- date and the route,
- for carriage to the airport: place and proposed time for picking up and the name of the airport, flight number, departure time according to the flight timetable,
- for carriage from the airport: the name of the airport, flight number and arrival time according to the flight timetable as well as destination,
- other information which are considered relevant for a given situation.
2. It is the Passenger's responsibility to provide the Carrier with a correct flight number, departure and arrival time or other relevant information. The Carrier will not be held responsible for damaged resulting from incorrect information provided by the Passenger.
3. If the airport is the pick-up place, the driver will be waiting for the Passenger inside the airport, at the exit of the customs.
4. The Passenger is obliged to inform the Carrier of any delays or other possible problems with finding the vehicle. For such situations there is an emergence number to the Carrier : +48 502 421 000; +48 605 200 000.
6. If the Passenger is late through the fault of another carrier, in particular airlines, the Carrier can leave the departure place no earlier than after 30 minutes from the planned time of departure.
7. The expected time of Passenger leaving the airport cannot exceed 90 minutes from the planned flight arrival.
8. In special cases at the passenger's request, the Carrier may extend the waiting time for leaving the airport, provided that the passenger pays an additional fee of 100 PLN for each started hour of delay, the fees for delayed arrivals after 22:00 are counted twice.
§ 11 Principle of responsibility
1. Excluding the circumstances mentioned in these Rules, the Carrier is hold responsible for the damage that the Passenger suffered as a result of an earlier departure of the vehicle.
2. The carrier is responsible for damage resulting from a delayed journey or cancellation of a course provided for in the timetable.
3. The Carrier is held responsible for the Passenger's baggage, if the Passenger puts it in a place not accessible to permanent monitoring, indicated by the Carrier or intended for baggage storage.
4. For baggage which the Passengers travels with and monitors personally, the Carrier is responsible only if the damaged is due to the Carrier's fault.
5. The carrier is not liable specified in act. 4, if the loss, partial loss or damage or delay in the carriage of luggage arose for reasons attributable to the Passenger, not caused by the fault of the Carrier, the properties of the goods or due to force majeure.
6. For the loss or damage of money, valuables, securities or other valuable objects the Carrier is held responsible only when the Passenger informed the Carrier of the baggage content when concluding the contract unless the damage is a result of the Carrier's intentional fault or gross negligence.
7. The occurrence of damage to the packet to which the Passenger was exposed during transport expires at the moment of acceptance of the packet by the entitled person without reservations, unless one of the following circumstances occurs:
- sthe damage was stated in a protocol before acceptance of the packet by the entitled person,
- such statement was omitted due to Carrier's fault,
- the loss or damage was caused by intentional fault or gross negligence of the Carrier,
- the damage that could not be noticed from outside the entitled person stated after acceptance of the packet and within 7 days demanded to determine its condition and proved that the damage occurred between acceptance of the packet for transport and its release.
8. The Passenger is held responsible for any damage caused to the Carrier or to other passengers.
9. If the Passenger or a person under his guidance litters or damages the vehicle or other equipment belonging to the Carrier, the Passenger is held responsible and is obliged to redress the damage and incur all damage-related costs.
§ 12 Complaints
1. All complaints resulting from non-execution or inappropriate execution of the contract of carriage should be lodged by the Passenger to the Carrier in written form.
2. The deadline for lodging a complaint is the period of limitation for the Passenger's claim for the damaged suffered.
3. Passenger's claims to the Carrier are barred after a period of 12 months. The periods of prescription for the claims arising from:
a) baggage loss – from the day the authorized person could deem the baggage lost,
b) damage or delay in delivery – from the day of baggage delivery,
c) damage not visible from the outside – from the day of assessing the damage in protocol.
4.Claims arising from delays in carriage that do not damage the baggage are barred after the period of 2 months from the day of baggage delivery.
5. The period of prescription is suspended starting from the day of lodging the complaint to the day of replying to the complaint or return of the attached documents, however, not longer than the standard time for proceeding the complaint.
6. A complaint should include:
a) date of filing a complaint;
b) first and last name (business name) and address (registered office address) of the Carrier;
c) first and last name (business name) and address (registered office address) of the person lodging the complaint;
d) title and justification for the complaint;
e) amount of the claim;
f) list of attached documents;
g) signature of the person authorized to lodge the complaint;
7. The complaint should be accompanied by the documents relevant to the object of the claim, original documents proving the conclusion of the contract of carriage as well as verified copied of other documents related to the type and mount of the claim.
8. The complaint should be submitted to the Carrier's office, or by e-mail, letter or telephone to the contact details given on the Carrier's website.
9. The Carrier replies to the complaint no later than 30 days from the date of its lodging and in case of deficiencies thereof, the Carrier call for the complaint party to eliminate those deficiencies within 14 days of receiving the call with an instruction that failure to correct those deficiencies in the complaint within the set period will mean that the Carrier will not recognize the complaint. Then the date of lodging the complaint is the date of receiving by the Carrier all the corrected documentation.
10. In matters unresolved the regulations of the act of November 15, 1984 Carriage Law (J. o Laws. 2000, no 50, item 601 as amended.) are applicable and so are the provisions of the Regulation of the Minister of Transport and Construction of February 24, 2006. on determining the condition of carried goods and complaint procedures (J. of Laws. 2006, No 38 item. 266).