Transport regulations


Company Transfer Service Ltd

for the implementation of road passenger transport – taxi

 

drawn up in accordance with the law No. 56/2012 Coll. on Road Traffic Act No. 8/2009 Coll. on Road Traffic Act No. 40/1964 Coll., the civil code

Art. I Introductory provisions

1.This transport regulations shall govern the conditions of carriage of Transfer Service s.r.o. in the position of the carrier / hereinafter referred to as „carrier“ / necessary for the conclusion of the contract of carriage in taxis / hereinafter referred to as „Transport Regulations“ /.
2.Transport regulations shall enter into force on the date of its publication on the website of the carrier www.transferservice.sk. Notification to the carrier web portal and after its publication, its content is part of every contract of carriage, and it regulates the rights and obligations of the parties to the contract.
3. On purposes of the Transport Regulations is taxis operation of personal transportation by vehicles of taxis such as transport of individual passengers or groups of passengers to their destination according to the contract of carriage of persons. The carrier provides personal transportation without set up unit.
4. On purposes of the Transport Regulations, the carrier means the operator of road passenger transport - taxis from the date of the validate concession, which entitles him to the providing of transport services for passengers and their luggage and related services based on a contract of carriage of passengers.
 

Art. II Obligations of carrier

 1. Carrier is required : 
a) Operate road passenger transport in taxis according to the Transport Regulations.
b) Ensure publication and making available the current version of the Transport Regulations on its web portal www.transferservice.sk and in a conspicuous place at the registered office - operation of corporation.
c) Transport passengers according to pre-agreed price for transport and after realisation of transport to give the receipt to the passenger abouto executed transport and payment of fares in taxis.
d) Caring for safety, comfort and quiet transport of passengers and transport of their luggage.
e) Be insured against liability for damage caused by the operation of road passenger transport, passengers, baggage and third parties. The vehicle must have a valid MTPL insurance and accident insurance.
f) If under the contract with the carrier provides passenger road transport in taxis performing carrier, the provisions of this transport regulations applicable to it in the same range.
 

Art. III Vehicle

 1.Vehicle of taxis may be the only vehicle that:

a) is according to the technical inspection and emission controls capable of operating,
b) has at least three sets of entry doors to the driver and passengers,
c) is according to the registration certificate approved for the carriage of at least four persons and a maximum of nine persons, including the driver, the vehicle also transport of disabled passengers,
d) is insured in case of a liability for passenger injury or to his property,
e) permits the transport of 50 kg of luggage at full occupancy within the overall weight of the vehicle or have trunk or cargo space with volume at least 375 dm3.

Art. IV Operation of an activity

1. Carrier  has a transport obligation to the extent of transport regulations.

2. Carrier offers the carriage of passengers by ordering services via phone to dispatch, via e-mail published on the web portal of the carrier or under contract. The driver of the vehicle shall ensure its proper and timely execution and is required to carry the passenger according to the instructions of dispatching from pre-arranged location. Final destination of the service is predetermined and can be changed subsequently during transport only by agreement between the passenger and the driver and even a change in the price of transport.

3. Pre-agreed price for transport may be affected by waiting at destination if the passenger has requested and this is depending on the time at which the driver is waiting for passenger at destination. The carrier is entitled to require a deposit from the customer up to 100% of the agreed price for the carriage before the shipment is made on the basis of the pro forma invoice.

4. Transportation is carried out in accordance with law by the shortest route, taking into account the traffic situation. After another route the shipment may take place only with the consent or at the request of the passenger. After the contract of carriage with a passenger can be transported on the same route  another passenger with the consent or at the request of the passenger to whom the contract of carriage was made, either in writing or orally by dispatching taxis provider.

5. For ordering a vehicle of taxis is customer obliged to specify

a) the company name of the customer or the transferee
b) boarding and final destination of transferee
c) number of people transported, 
d) the type of vehicle required, 
e) the telephone number of customer in some case contact on person carried, 
f) the amount of luggage, 
g) given in case that requires the return transport of the approximate waiting time at the target site, 
h) other specific requirements for the transport.

6. During transportation neither passenger or the driver cannot smoke in the vehicle of taxis. A passenger in the front seat should not manipulate the cabin baggage, newspapers, maps, or other objects that might restrict the field of vision of the vehicle of the taxi.

7. In the passenger compartment can be transported also the passenger's carry-on luggage.

8. The client must notify to the transport taxi-dispatching, or when ordering by email, also the carriage of bigger luggage, as well as crutches, canes, buggies, crates, packages, ski, sledge and other things that might be in a car accident or a sharp movement of the car for a driver or a passenger dangerous, you can carry them only in the area for luggage only if it is possible according to the volume of luggage compartment.

9. Luggage and other things are loaded and unloaded, placed or affixed to only by the driver of the vehicle of taxis

10. In vehicle of taxis there must be reserved places for person to be transported just till permissible payload of the vehicle, while number of persons shall not be higher than the number of seats including the driver mentioned in the registration certificate of vehicle.

11. On the front seat beside the driver can carry only passenger, who is allowed of transport due to regulations about safety and continuity of traffic flow, each person carried in the vehicle of taxis during transport are required to use a seat belt fitted to a vehicle otherwise are liable for the damage that the carrier arise.

12.After executed transport the driver of taxis is required to give  passenger a receipt which includes in particular: 

a) the number of the document,
b) vehicle registration number, 
c) the date of travel, 
d) the name of the carrier, service address, where appropriate, place of business Tax Identification Number, 
e) origin and destination of shipment, 
f) paid travel with VAT and without VAT, 
g) signature of the taxi driver who performs the carriage, 
h) customer, 
i) when paying via terminal, proof of terminal

Art. V Contract of carriage of persons, origin, content,

 1.    Contractual relationship between the carrier and the passenger arises under the contract of carriage of persons under § 760 to 764 of the Civil Code (hereinafter referred to as „transport contract“.) 
2.    Customer may enter into a contract for the carriage of passengers and persons in the following manner:

a) at its headquarters, 
b) through dispatching, 
c) by e-mail, 
d) a written contract.

While the contract of carriage has been concluded orally shall be concluded on the basis of the order of a passenger who gives undoubtedly clear that he wants to conclude a contract of carriage and to be conveyed to the designated location, which agrees well with the price of the carrier for the carriage of the passenger with which it shall inform carrier in advance.
3.    Before the shipment and the conclusion of the contract of carriage, passenger has the right to become familiar with the valid price list of taxis.
4.    After transport taxi driver is obliged to issue a receipt to the passenger, which includes the data collected under Art. IV paragraph. 12 transport regulations 
5.    Conclusion of contract of carriage arises carrier an obligation to duly and timely carry the passenger to the destination according to the terms and conditions of transport regulations.
6.    The driver of taxis can refuse the conclusion of the contract of carriage and execution of carriage under the terms of Art. VII transport regulations.
7.    Execution of carriage based on conclusion of a contract of carriage under the conditions of transport regulations, passenger is obligated to pay for taxi fares according to the price list of taxis either in cash, non-cash means of the terminal, or the issuing of an invoice with a fixed maturity. Refusal to pay fare is enforceable through the courts. Passengers are required to pay to the carrier the law specified charge delay, or in the case of a written contract in her pre-agreed interest on late payments.
 

Art. VI Termination of the contract of carriage

1.    Carrier may rescind the concluded contract of carriage unless the purchaser does not accomplish conditions of contract of carriage or provisions of the transport regulations

2.    The driver of a taxi can resign from the concluded contract of carriage in case:
a) passenger during transport smokes despite warning by the driver of the vehicle, consumes food and beverages or feeds animal transported, 
b) or in the front seat manipulates with hand baggage, newspapers, map or other thing, which may hamper the driver´s view or endangers driving of vehicle of taxis, or
c) differently endangers the safety, pollutes the interior of the vehicle, unreasonably changes the route and destination or
d) differently raises concerns about safety, health and the life of the driver or passengers.
3.     Passenger may resign of concluded contract of carriage, if the carrier or driver of vehicle of a taxi violates the conditions of contract or conditions of transport regulations. 

Art. VII Refusal to transport and dispose of found things

1.    The driver of a taxi ready for transport may refuse to carry out shipment if: 
a) the time of shipment, destination, route of transport or other circumstances giving rise to the driver concerned about their health, safety, transportation or taxi vehicle,
b) the driver does not allow the technical condition of roads and transmission or the safety and free flow of traffic on the route of transport, in particular due to weathering, damage or road traffic accident,
c) passengers is obviously under the influence of alcohol or other addictive substances, pollution or damage threatens a taxi, the driver or harassment during transport,
d) does not allow to passenger behavior, especially when aggressive or armed, or otherwise gives the driver concerned about their health, the safety of transport and taxis;
e) passenger has luggage, which due to its abundance, size, weight or shape can not be transferred at once, or which could damage or contaminate the taxi vehicle, f) passengers if interested transporting animals which, because of their size, frequency or behavior can not be transported in the passenger compartment or in the luggage compartment.
2.    Taxi driver is obliged if he finds a lost thing of a passenger in a vehicle of taxis to give it to the owner. If the owner of found objects is not known or if it does not register on the day of found, taxi driver is obliged to hand over the case to the dispatching taxis, if appropriate to the police ..
3.    If that person sign whoever thing lost or forgotten in the car taxis, and there are no doubts about the plausibility of his argument the thing is given to him. 
4.    Founder be entitled to payment of necessary expenses.

Art. VIII. Liability

1.    For breach of the duty of taxis carried under transport regulations occupant properly and in time the carrier is liable under § 763 paragraph. 2 Civil Code.
2.    In case that there has been an unreasonable delay or non-shipment of guilt carrier or taxi driver, the carrier is liable for damage incurred by the passenger that the shipment was not made in a timely manner, as follows:
a) compensation for the delay will be solved by the relative discount to the payment of travel, 
b) compensation for non-transportation will be solved from liability, 
c) or any other form agreed in writing in contract.
3.    Its liability carrier freed if he proves that the damage could not have avoided even with all effort, that he may be required. 

Art. IX Claims, complaints, compensation for damage

 1.    Passenger, or whoever is authorized to transport from or in connection with the carriage submit the claim, the carrier shall submit a claim without delay, not later than 30 days from the time of shipment. Passengers have the right to be informed by phone or in writing on the course of the claim application.
2.    The passenger may complain transport defects as follows: 
a) receipt of the claim to the e-mail of carrier.
b) receipt of a written complaint to the address of carrier.
3.     In a complaint must the entitled one to define their requirements and a brief justification. It must attach documents proving the eligibility of the claim as well as the transportation requests (payment of the carriage charges),
4.    If complaint has not all the essentials of carrier immediately, it invites the claimant to complete it within the time limit. If the inquiry fails and does not send the specified period of not less than 8 days, it is considered as undelivered
5.    If passenger, or whoever is authorized transportation of or in connection with the carriage to complain, it must be applied by the carrier in writing, and without delay, not later than 7 calendar days after the fact, to which the complaint relates.
6.    If passenger occurs during transport damage to health or baggage carried along with him or things that were with him, the carrier is responsible for it under the provisions of Act no. 40/1964 Coll. Civil Code on liability for damage caused by the use of means of transport (§ 427-431) .
7.    If it is about the right to compensation for damage to health or the baggage carried by passengers or together things that were with him; this right may be exercised through the courts.
8.    Unless authorized to apply damage caused to persons and things, or damage caused by theft or losing things proceed in accordance with § 106 of the Civil Code.
9.    Right for damages to the passenger´s luggage shipped together with him or things that the passenger had with him, the passenger shall apply in writing the first carrier, and not later than 30 days from the date when the damage occurred, or within 15 days from the date when the victim becomes aware of the damage and of the liable person.
10.    The carrier has concluded a valid insurance: 
a) general liability to third parties in connection with the provision of the activities in the limit of insurance benefits 25.000, - € / property (luggage) and healthy / per claim,
b) insurance of passengers in the event of accidental death, permanent disability due to an accident with a limit of insurance benefits 33.193, - € per seat, daily allowance during the stay in hospital 10, - € / day, daily compensation during the period of necessary treatment 10, - € / Day. 
c) the net financial liability for damage caused to other persons in connection with the provision of the activities in the limit of insurance benefits 5.000, - € / eg. cause you miss the plane.
11.    Complaints and claims for the commitment from the transport regulations and their handling of the carrier under this Article may be reviewed by the Slovak Trade Inspection.
 

Art. X Exceptional occurrence

 1.    An exceptional occurrence (hereinafter referred to as "emergency") in the performance of passenger transport taxis are considered:
 a) traffic accident or if taxis are witnessing a car accident, 
b) fire trucks, 
c) injury or sudden illness of the passenger or another person.

2.    For emergencies, the driver of a taxi is obligated in particular:
 a) immediately stop the vehicle, 
b) take the necessary measures to rescue passengers and property at risk incident,
c) give according to their abilities and chances of personal injury and needed first aid immediately summon professional medical assistance, 
d) to take appropriate measures not to endanger road safety and enable it to restore, 
e) to inform the carrier.
3.    If the incident results in injury to a person or death, damage to roads or charitable purposes, or if there is material damage exceeding ten times the minimum monthly salary, the driver of a taxi shall: 
a) immediately report the incident to the police authority, 
b) refrain from any action that would prejudice the investigation emergencies,
c) remain in place until the arrival of police authority, or at this place is immediately returned to the granting or calling for help, and after declaring the emergency, 
d) to draw up a report about the accident 
e) to inform the carrier.
 

Art. XI Final provisions

 1.    The Transport Regulations are part of the contract of carriage, the carrier and the passenger have the right, by written agreement, the rights and obligations are regulated differently in the transport order.

2.    Passenger by the conclusion of a transit declares that the carrier made him familiar with the rights and obligations under the Treaty on the carriage, as well as the rights and obligations arising from the transport regulations.

3.    The carrier reserves the right to change, respectively abolition of the traffic regulations, while the changes immediately inform passengers in a notice in the business areas of the carrier and the carrier's web portals www.transferservice.sk stating the date from which the changes take effect. Transport Regulations shall enter into force at the earliest after 15 days from the date of publication of notice of its issuance. 

4.    If the passenger does not agree with the change in transport policy, is required to notify its disagreement in writing within 30 days from the date of application of the new transport regulations. If the carrier and the passenger agree otherwise, have the right to terminate the mutual contractual relations and settle their mutual claims. 
If a traveler in the above period notifies the carrier of their disagreement with the change of the traffic regulations, rule, agrees to the amendment and accept the offer of the carrier and the passenger from the effective date changes governed by the modified policy.

5.    Scope of the Transport Regulations or parts thereof may be excluded only by written agreement of the passenger and the carrier.

6.    The Transport Regulations was approved by all partners carrier on 02.01.2014 and is effective from 02/01/2014

7.    The Transport Regulations was published on 04/03/2014 
Transfer Service Ltd.