Transfer Conditions

TRANSPORT REGULATIONS

Benchpress Company Ltd.,

Bielocerkevská 2, 040 22 Košice

for the implementation of transport of persons – taxi service

pursuant to the Act. 56/2012 Coll. on road transport,

Act no. 8/2009 Coll. on Road Traffic, Act no. 40/1964 Coll. Civil Code

 

Art. I

Preliminary Provisions

1 Transport Regulations establishes transport conditions of Benchpress Ltd.  in the position of the carrier / hereinafter "Carrier" / necessary to conclude a transport contract in taxi service/ hereinafter 'Transport Regulations' /.

2 Transport Regulations enters into force on the date of its publication on the website of the carrier www.toptransfer.sk and by announcement on the notice board of the contract’s carrier; and after its publication the content of Transport Regulations becomes a part of every contract of transport of persons, and of any change to the rights and obligations of all the participants.

3 For the purposes of Transport Regulations is Taxi Service understood as operation of transport of persons by vehicles of Taxi Service as the means of transport of individual passengers or of a group of passengers to a destination in accordance with the contract of transport of persons.

4 For the purposes of Transport Regulations is carrier understood as operator of transport of persons – taxi service from the day of validity of concession entitling the carrier to provide transport services to passengers and their luggage along with all the related services under the contract of transport of persons.

Art. II

Carrier’s Obligations

Carrier shall in particular:

a) Operate transport of persons in taxi service according to Transport Regulations.

b) Ensure that up-to-date version of Transport Regulations is disclosed on the website www.toptransfer.sk  

c) Transport passengers in compliance with valid fares and issue a receipt of transport and of payment of fare in the vehicle of taxi service.

d) Strive for safety, comfort and smooth transport of passengers and their luggage.

e) Mark each vehicle of taxi service with their brand name and the operator of taxi service - radio dispatching centre.

f) Be insured against liability for damage caused by operation of transport of persons in taxi service, as well as against liability for damage to passengers and the third parties. Vehicle of taxi service shall have a valid MTPL insurance and Collision insurance.

g) If under contract with Carrier is transport of persons provided by practicing carrier, the provisions of Transport Regulations apply to this carrier in its entirety.

Art. III

Vehicle of Taxi Service

1 A vehicle of taxi service can only be a vehicle that:

a) is according to the technical inspection and emission control capable of operation,

b) has at least three entry doors to the compartment for driver and passengers,

c) is, by certificate of registration, approved for transport of at least four persons and maximum of nine persons including the driver, and is suitable for transport of disabled passengers,

d) is insured in case of a liability for damage to passengers or to their property,

Art. IV

Operation of Taxi Service

1. Carrier shall transport passengers to the extent of Transport Regulations.

2. Carrier offers transport of persons through ordering service, while driver of a vehicle of taxi service ensures its proper and on time execution and shall transport passengers in accordance with the agreed-upon time from the pre-arranged boarding point. The destination of the transport of persons is a passenger’s chosen place of arrival from the possible places of transportation unless otherwise agreed in advance.

3. When ordering a vehicle of taxi service, the ordering customer shall specify

a) name of the ordering customer

b) either a phone contact of the ordering customer or a contacting phone number of the transported person

c) E-mail address

5. While in a vehicle during transport, both the driver and the passengers are not allowed to smoke, drink, and when seated in the front seat to manipulate with the cabin luggage, newspapers, maps, or other objects that could restrict the driver's view off the vehicle.

6. Passenger’s hand luggage may be transported in the passenger compartment of a vehicle of taxi service.

7 Only the driver of a vehicle of taxi service has the right to load and unload, move or fasten down luggage and other transported objects.

8 In the seats of the vehicle of taxi service dedicated to transport of passengers can be transported only as many passengers as do not exceed effective weight of that vehicle and whose count including the driver is not higher than the number of seats stated in the registration certificate of the vehicle.

9 Only passenger, who according to safety and traffic flow regulations can be transported on the front seat next to the driver’s seat, is allowed to be seated on that seat. Each passenger in a vehicle of taxi service is required to fasten a seat belt during a transport or is held responsible for any loss incurred to Carrier due to not using a seat belt.

Art. V

Contract of Transport of Persons, Its Rise and Content

1.  The contractual relationship between Carrier and a passenger arises under the contract of transport of persons pursuant to § 760 to 764 of the Civil Code (hereinafter referred to as "transport contract").

2. Customer can make a contract of transport of persons with a passenger in these ways as well:

a) through a taxi driver on a taxi station, or anywhere in the area specified in the concession where a taxi driver gets with a vehicle of taxi service while driving without a passenger,

b) at the Carrier’s domicile ,

while the transport contract is concluded on the basis of oral order of a passenger and passenger’s undoubtedly clear desire to conclude a contract of passenger transport with the intent of transport to a specified destination, and  through this passenger agrees with Carrier’s transport fares.

3 Passenger has the right to be informed about the valid taxi service fares list prior to transport and prior to the conclusion of transport contract.

4 Carrier issues either a receipt or an invoice before the transport itself.

5 By concluding a transport contract, Carrier shall transport passenger on time and safely to the destination according to both the terms and conditions of the contract and Transport Regulations.

6 A taxi driver has right to reject to conclude a transport contract and to transport the passenger under the terms of Art.VII of Transport Regulations.

7 A transport performed on the basis of a concluded transport contract under the conditions of Transport Regulations gives rise to passenger’s obligation to pay the fare as is set in the valid fares list of the taxi service. Refusal to pay the fare is resolved by calling the Police and the payment is enforceable through the court. Passenger shall pay Carrier interest on payment determined by the law as well.

Art. VI

Termination of the Contract of Transport of Persons

1. Carrier may terminate transport contract if a client does not satisfy the terms of transport contract or terms and conditions defined in Transport Regulations.

2. Taxi driver may void transport contract if:

a) a passenger smokes or feed a transported animal while in the vehicle despite the driver’s warning to not to do so

b) a passenger seated in the front seat manipulates with a hand luggage, newspapers, a map or any other object which may restrict the driver’s field of vision or endanger the driving of the vehicle, or

c) a passenger endangers the safety in any other way, contaminates the interior of the vehicle, unreasonably changes the route and the destination of the transport, or

d) a passenger raises concerns about safety, health and life of the driver or other passengers in any way.

3. A passenger may void a transport contract if, Carrier or a driver of a vehicle of taxi service violate the terms of the contract or the terms and conditions defined in Transport Regulations.

Art. VII

Transport Refusal and Handling of Lost Property

1 Driver of a vehicle of taxi service ready for a transport may refuse to transport a client if:

a) transport time, transport destination, transport route or other circumstances arise driver’s concerns about driver’s health, transport safety or safety of a vehicle;

b) technical condition and operating capacity of the road or safety and free flow of traffic on the transport route, mainly due to atmospheric exposure, damaged road or an accident on the route affecting the transport safety do not allow the driver to carry out the transport,

c) a passenger is evidently under the influence of alcohol or other addictive substance, or if there is a danger of contamination of a vehicle of taxi service or damage to it, or if the driver is harassed during the transport,

d) a passenger’s behaviour does not allow the transport mainly because the passenger is aggressive, armed or stirs driver’s concerns about driver’s health, the vehicle of taxi service, or transport safety,  

e) a passenger has luggage, which due to its count, size, weight or shape is not possible to transport at once, or which could damage or contaminate the vehicle;

f) a passenger wants to transport animals which, because of their size, multitude or behaviour cannot be transported in the passenger compartment or in the boot,

2. If a taxi driver finds a passenger’s lost property, the driver shall give it back to the passenger. If the owner of the property is not known, or if the owner does not claim it on the day it was found, the taxi driver is obliged to hand it over to the dispatching centre of the taxi service or to the police.

3 If the owner of the found property, which has been either lost or forgotten in a vehicle of taxi service, claims it and there are no doubts about the plausibility of the claim, the found property shall be given to that person.

4 The finder is entitled to reimbursement of necessary expenses.

Art. VIII

Liability

1 Carrier is liable for any violation of the duty of taxi service to transport passenger properly and on time according to Transport Regulations under § 763 paragraph 2 of the Civil Code.

2 If there is an unreasonable delay or the transport is not carried out at all due to Carrier’s or driver’s fault, Carrier shall reimburse the passenger the incurred loss caused by not carrying out the transport on time as follows:

a) compensation for delay is resolved as a relative discount from fare

b) compensation for not carrying out transport is resolved as payment of the fare for that transport in compliance with taxi service fares,

3 Carrier will not be liable if he proves that the loss could not have been avoided even with all effort that can be required of him.

Art. IX

Claims, Complaints, Compensations

1. Passenger, or whoever is authorized to make a claim in connection with transport has right to do so and he/she shall do so without undue delay, within 30 days from the time of the transport. Passenger has the right to be informed by phone or in writing on the course of settling his/her claim.

2. Passenger has right to make a claim concerning transport defects as follows:

a) By delivering a claim to the carrier’s mailbox.

b) By delivering a written claim to the address of the carrier’s domicile.

3. The person who is eligible to make a claim shall define his/her requirements and justify them briefly. Documents proving the eligibility of the claim as well as the documents proving the realization of transport (payment for the transport fare) shall be attached to the claim as well,

4. If the claim does not have all the particulars, Carrier immediately asks the claimant to complete it within a time limit. If the claim is not completed and sent in the time limit that is not shorter than eight days, the claim shall be deemed to have not been filed.

5. If a passenger or a person who is entitled to file a claim for transport or in connection with transport files a claim, the claimant shall file it to Carrier in writing, without a long delay, within seven calendar days after the fact to which the claim relates.

6. If a damage to a passenger’s health, or to the luggage transported with that passenger, or to the belongings of that passenger which were during the transport in the vehicle, occurs during a transport, the carrier is liable for it under the provisions of Act no. 40/1964 Coll. Civil Code on liability for damage caused by transport means (§ 427-431).

7. If a claim for to compensation concerns compensations for damage to health or to the luggage transported with passengers or to passengers’ property present during the transport in the vehicle; this claim may be set up to court.

8. If an authorized person files a claim for a damage caused to health or property, or damage caused by theft or loss, the claimant shall proceed in accordance with § 106 of the Civil Code.

9. Compensation for a damage caused to the luggage transported together with a passenger or to the property a passenger had with him during the transport shall be applied for in writing at Carrier, not later than 30 days from the date when the damage was caused, or within 15 days after the date when the victim becomes aware of the damage and of the liable person.

10. Complaints and claims concerning obligations defined in Transport Regulations and their fulfilment by Carrier under this Article of Transport Regulations may be inspected by the Slovak Trade Inspection.

Art. X

Incident

1. As an incident (hereinafter referred to as "incident") in transport of persons is considered:

a) a traffic accident of a vehicle of taxi service or a witnessing of a traffic accident,

b) a fire of a vehicle of taxi service

c) an injury or sudden illness of a passenger or other person involved in transport,

2. When an incident occurs, the driver of a vehicle of taxi service shall primarily:

a) immediately stop the vehicle,

b) take the necessary measures to rescue the passengers and the property endangered by that incident

c) give the injured person first aid according to his/her best abilities and possibilities and call professional medical assistance immediately,

d)  take appropriate measures to not to endanger road safety and enable its restoration,

e) inform Carrier about the incident

3 If an incident has resulted in an injury or a death of a person, road damage or damage to a public facility, or if there is a material damage exceeding ten times of the minimum monthly salary, the taxi driver shall:

a) immediately report the incident to police authority,

b) refrain from any action that would prejudice the investigation of the incident,

c) remain on the spot until the arrival of police authority, or return back on the spot immediately after calling help, or after reporting the incident

d) inform Carrier about the incident.

 

Art. XI

Fares (tariff)

The ticket price of Kosice – Budapest transport is 35€/person. Fares are uniform, i.e. the same fares apply even when transporting a single client (unless prearranged differently with the transported client).

  1. We offer to our clients a possibility of ordering a separate transport of either an individual or a group of people. The client who orders such a transport can choose the time of boarding as well as the boarding point. The fare for a separate transport of up to 8 people on route Kosice - Budapest (airport) is 200€ and on route Kosice - Budapest centre is 220€.

VIP Transportation is possible only if the number of passengers will not exceed 3 people. Transport fare of VIP Transport is 150€. Carrier provides a vehicle **** for VIP Transport.

  1. Flat price of transport within Kosice is 5€/ destination
  2. Carrier charges 10€ per every started hour of waiting
  3. Carrier charges a surcharge for either the supernumerary luggage or oversized luggage - 10€/piece
  4. Carrier charges a surcharge for transporting animals. The surcharge depends on the animal’s weight:

1kg - 10kg = 15€ 

10kg - 20kg = 20€ 

over 20kg = 30€ 

 

 

PAYMENT

 

Possible payment methods

• Transfer to account

• Deposit to account

• In cash at boarding 

• On-line sales

 

Art. XII

Final Provisions

1. Transport Regulations is a part of transport contract, however Carrier and passenger have the right to modify, by written agreement, the rights and obligations differently than defined in Transport Regulations.

2. Passenger, by concluding a transport contract, declares that Carrier has informed passenger about the rights and obligations arising from the transport contract as well as about the rights and obligations arising from Transport Regulations.

3. Carrier reserves the right to amend Transport Regulations, or to render it invalid. Carrier shall immediately inform passengers about such changes to Transport Regulations along with the date from which the changes take effect through an announcement in Carrier’s premises and on Carrier's website www.toptransfer.sk. Transport Regulations enters into force not sooner than 15 days from the date of an announcement of its publication. If passenger does not agree with changes in Transport Regulations, he/she is required to express his/her disagreement in writing within 30 days from the date on which the amended Transport Regulations comes into force. If Carrier and passenger do not agree differently, they have the right to terminate the mutual contractual relationship and settle their mutual claims. If passenger does not express a disagreement with an amendment in Transport Regulations within the above mentioned time limit, it is held that he agrees with the amendment and accepts Carrier’s offer, and that from then on passengers follow the amended Transport Regulations.

4. The scope of validity of Transport Regulations or validity of its part may be excluded only by written agreement of a passenger and Carrier.

5. Transport Regulations has been approved by the sole shareholder of Carrier on 01.09. 2014 and is effective from 01.09.2014.

6. Transport Regulations has been published on 01.09. 2014.