Warsaw April 13, 2005


ORBIS TRANSPORT

(Unabridged)

I. TICKET

  1. These Contract Conditions make a regulation as construed in Article 4 of the Carriage Laws with respect of the conditions to be met in the operation of carriage of passengers performed by ORBIS Transport Sp. z o.o. ("CARRIER").
  2. A valid ticket is prima facie evidence of passenger's right to use the carriage service run by the CARRIER.
  3. The ticket bears the name of a passenger for whom it has been issued and may not be transferred for use by another person.
  4. The one way as well as the return tickets are valid for journeys on the dates shown on them only.
  5. Return ticket OPEN (with the carriage service prepaid for two journeys, but without the date of the return journey stated) shall be valid within a period of 12 months starting from the date the first journey was started.
  6. Special price tickets are available for the persons holding suitable qualification documents, which must be produced on request:
    1. at booking office
    2. during the journey
  7. Holder of the ticket is considered to have these Carriage Contract Conditions read through and approved.
  8. The ticket shall become null and void and the contract dissolved for the reasons on default of passenger if:
    • passenger has reported to waive his intention to travel
    • passenger holding one way ticket has not appeared at the station before the coach left
    • passenger holding return ticket has not appeared at the station before the coach left on any of the dates shown on the ticket.
    • passenger holding return ticket OPEN has not booked his return journey within 12 months from the date his first journey started
  9. The ticket consists of several vouchers, which must all bear the Agent Booking Office data (for example seal) and the date of issue. The ticket with vouchers not bearing these data is null and void.
  10. Tickets can be booked six months before the date of journey at the earliest.

II. PRICE OF TICKET, BOOKING PROCEDURE, REFUND OF NON USED TICKETS
(does not apply to special or promotion tariffs)

  1. Ticket price and expire date are set by the CARRIER. Price is always to the price list applicable at the date of issue of the ticket.
  2. The date of journey is booked on issue of the ticket (either one way or return) or when the return journey date is entered on the return OPEN ticket.
  3. Return journey date is set in the OPEN ticket on passenger's request made through sms or through Internet on-line system. For detailed information on the OPEN ticket booking procedure and the Booking Office Agents addresses ask the person issuing the ticket or inquire at info line shown on the ticket.
  4. Changing of the booked date of journey or dating of the return journey date on OPEN tickets will be approved by the CARRIER as far as the booking capacities (free seats available) on the suggested date provide for.
  5. For the fee charged for the ticked update or entering the journey date on the OPEN ticket see the time tables published for particular route lines.
  6. A description must be given on the ticket with reference to ticket date modifications or dating of the OPEN tickets if any, and must be completed with the date, seal and signature of the Agency representative or another person in charge who has set the date of journey.
  7. Should booking or change of the return journey date be requested by SMS, the only evidence of this operation having been made is the return SMS confirmation text sent to the passenger by the System. This return confirmation text should be shown to the coach crew before journey.
  8. Should passenger abandon the intention to travel, he will have to notify the Agency issuing/selling the ticket in writing at least one day before the planned journey.
  9. Passenger will be entitled to have the non used ticket price refunded, if reporting as stipulated under 18 above, with deduction for the office costs made at a rate as defined under 22 below. The refund for the non used ticket is payable by the Agency selling the ticket or holding the on-line site through which the ticket has been purchased.
  10. Should passenger, holding a return ticket, abandon the intention to take return journey, he will be entitled to refund of difference between return ticket and one way ticket with respective costs deducted (see 21).
  11. On receipt of the non-used ticket, Booking Agency shall deduct 5% from the tariff price applicable on the day the ticket was sold.
    CARRIER will have the right to modify the deduction rate with respect of the carriage route in question.
  12. No refund shall be payable for the non-used tickets if returned to Booking Agency behind the deadline required under 18 above (at least one day before planned the planned journey).
  13. No refund shall be granted for the tickets that have been lost or non-used on default of passenger.
  14. In exceptional circumstances (with the ticket being lost or stolen) the CARRIER may issue the ticket duplicate. The duplicate is issued by the CARRIER.
  15. Both journey and passenger vouchers of the ticket must be produced before refund for the non used tickets can be claimed.
  16. Refunds are payable in the same currency as that paid for the ticket.

III. LUGGAGE

  1. Passenger is expected to observe the luggage handling rules defined by the CARRIER.
  2. Passenger is entitled to use the coach luggage compartment for free of charge carriage of one piece of luggage of 160 cm cumulative measure (height + length + width) and 25 kgs weight plus a 5 kg hand luggage fitting into the space on the overhead shelf.
  3. Each additional piece of luggage (in excess of these limits) shall be charged to applicable tariff. Detailed information on the luggage carriage conditions and charge rates ican be obtained from:
    1. coach crews
    2. applicable time tables
    3. Booking Agencies
  4. Passengers are expected to take care that respective luggage tags were attached to their luggage (both charged and free of charge).
  5. CARRIER shall have the right to refuse taking on board any excessive luggage (either of excessive weight or size).
  6. Excess luggage can be carried for the passenger only on the consent of the coach crew.
  7. Animals may not be taken on board.
  8. It is not permitted to have on the coach a luggage containing goods the carriage of which is prohibited by the commonly applicable laws and also such goods, which might create a hazard of damage or injury to the other passengers or the CARRIER or might expose the other passengers to discomfort.. In case of a justified suspicion the Carrier shall have the right to inspect the luggage whether or not in breach of the above restrictions.
  9. Any damages payable to a passenger are limited to Euro 100 for loss or damage of the luggage but shall not exceed a total of Euro 200 per a passenger. The damage shall be payable exclusively on the condition that the luggage has been properly registered in the coach (marked with the luggage vouchers). Damages shall be payable to the rules set in and in accordance with the carriage code regulations.
  10. CARRIER shall not liable for the hand luggage except when damage occurred on default of CARRIER as proved by passenger.
  11. CARRIER shall not be liable for loss of cash, jewellery, securities, or other belongings of scientific, art or collection value. It is strongly recommended by the CARRIER, that passengers should insure any precious objects carried on them during journey.

IV. PASSENGER RIGHTS AND RESPONSIBILITIES

  1. Passengers are expected to observe the laws applicable in the countries the journey takes place through and in particular the regulations applicable to the journey, documents required for crossing the borders and the duties and taxes applicable to the passengers and all their luggage and personal effects.
  2. Babies and children under 12 are allowed to travel exclusively under care of an adult person. Young people over 12 but under 18 will be allowed to travel only when they have a valid ticket plus a form "Authorization to carry a teenage passenger" properly filled and signed at the booking office or at the entrance to the coach by the passenger parent or tutor nominate, before the passenger has been allowed into the coach.
  3. Passenger is required to submit to the coach crew instructions intended to ensure safe and efficient performance of the carriage as well as good care for the passengers and the CARRIER's property.
  4. Passenger is liable for any damage occurred to the CARRIER or the other passengers to his default.
  5. Passenger is entitled to take the journey by coach as indicated in his ticket and have his luggage carried in the quantity defined in these Carriage Contract Conditions". Passenger can enter the coach and leave the coach only at the stations indicated in his ticket in accordance with the time table.
  6. Passenger is required to have a valid ticket.
  7. Passenger is required to wear safety belt if available. Failing to do this may effect in fine applied directly on the passenger.
  8. Smoking, alcohol drinks, or drugs must not be used on board.
  9. Passengers are asked to arrive at the coach departure station at least 30 minutes before departure.

V. CARRIER RIGHTS AND RESPONSIBILITIES

  1. The CARRIER shall be responsible for providing the passenger with carriage service meeting the requirements of these Carriage Contract Conditions and to the appllcable time table at a distance between the stations indicated in the ticket. However, departure and arrival hours shown in the time table are not covered in the Guarantee, are not included in the Carriage Contract and can be modified.
  2. The CARRIER shall have the right to prevent a passenger from taking the seat in the coach as well as to leave a passenger off the coach during the journey if the passenger was found to be:
    • alcohol or drug intoxicated or in a condition indicating that he was ill with an infectious disease,
    • behaving in a way, that is uncomfortable for the other passengers,
    • behaving in a way that would deteriorate the safety or interfere with timely and/or regular operation of the carriage service.
  3. The CARRIER shall have the right to leave a passenger off the coach during the journey if he was found not to possess the documents required to pass the border, or was found to breach the applicable customs or currency laws, or was found to possess in his luggage, without notifying the CARRIER, the objects which require prolonged customs procedure and which might delay departure of the coach from the border pass.
  4. Should the CARRIER make use of the rights mentioned under 48 or 49, the passenger will not be entitled to claim any damages.
  5. Should the journey be discontinued because of technical emergency of the coach, the CARRIER will have to provide another carriage means shall for the passengers to ensure their reaching the destination.
  6. The CARRIER is liable for injury/damage occurring to passenger from boarding to leaving the coach as well as for the damage or for the loss of property except if to default of passenger or of a third person being out of control of the CARRIER or with respect of Force Majeure. It is strongly recommended by the CARRIER that passengers should be insured for illness and hospital treatment.
  7. The CARRIER shall be liable for damage incurred to the passengers resulting from delay in journey or from the trip being cancelled only when such damage has beeen caused by default or glaring negligence of CARRIER. In particular, CARRIER shall not be held responsible for delays resulting from the instructions of the Administration Authorities (such as Customs) or by any other reasons remaining out of control of the CARRIER (closure of borders, traffic jams etc).
  8. When travelling by coach passenger remains insured by the CARRIER to the applicable transportation insurance requirements.
  9. Any claims with respect of the Carriage Contract should be made by mail directly to the CARRIER or through the Booking Agency which issued the ticket.
  10. Claims should be made within one month from occurrence of the circumstances with respect of the claim. Claims, when made, should be accompanied with detailed description of the related circumstances, the claims and the damage resulting therefrom etc. Attached to the claim there should be original ticket in question or its xero copy. The CARRIER shall review claims and give his position within 30 days from receipt.
  11. Any claims relating to the luggage travelling in the luggage compartment will be acceptable only when reported directly to a person who delivers the luggage. No claims with respect of the luggage shall be accepted, if the luggage had not been marked during the admission with appropriate voucher. A note should be made on the passenger's ticket by the coach crew stating that a claim with respect of the luggage has been made.
 

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