TERMS AND CONDITIONS OF COACH USE
These terms and conditions of carriage on a coach (hereinafter: Terms and Conditions of Carriage) shall apply to all coaches used by AS Hans Bussiliinid to provide Passenger Transport Services. The Terms and Conditions of Carriage shall be an integral part of a contract of passenger transport concluded between AS Hansa Bussiliinid and a Client. The Client shall ensure that passengers and the lead passenger have reviewed these Terms and Conditions of Carriage and undertake to adhere to them.
1.TERMS AND DEFINITIONS
1.1. “Hansa Bussiliinid” is AS Hansa Bussiliinid, register code 10122514, with main offices at Pargi 5a, Viljandi.
1.2. “Confirmed order” is the obligation assumed by Hansa Bussiliinid to provide the Client with Passenger Transport Services, at the time, scope and cost indicated in the confirmation sent by Hansa Bussiliinid in a format which can be reproduced in writing.
1.3. “Party” or “Parties” is Hansa Bussiliinid, a Passenger and/or a Client separately or collectively, as applicable.
1.4. “Party” or “Parties” is Hansa Bussiliinid, a Passenger and/or a Client separately or collectively, as applicable.
1.5. “Passenger Transport” is taken to refer to the conveying of a Passenger and her/his luggage to the location requested and confirmed in the Order, along an agreed route and at an agreed time.
1.6. “Contract of Passenger Transport” is a contract for the provision of Passenger Transport Services concluded between a Client and Hansa Bussiliinid in a format which can be reproduced in writing, which shall include these Terms and Conditions of Carriage.
1.7. “Client” is a person who concludes a Contract of Passenger Transport and is obliged to pay for Passenger Transport Services.
1.8. “Lead Passenger” is a Passenger who serves as a Client’s representative during Passenger Transport. Unless a Lead Passenger submits to Hansa Bussiliinid a letter of authorisation that suggests otherwise, the entitlement of a Lead Passenger to represent a Client will be limited to matters related to the performance of a Contract of Passenger Transport. The Client shall advise Hansa Bussiliinid of the name and contact details of a Lead Passenger before Passenger Transport begins.
1.9. “Order” is a request submitted by the Client, in accordance with the requirements set by Hansa Bussiliinid, to order Passenger Transport Services from Hansa Bussiliinid.
2.RIGHTS AND OBLIGATIONS OF A PASSENGER
2.1. A Passenger shall:
2.1.1. Adhere to these Terms and Conditions of Carriage on a coach;
2.1.2. Assist with the due performance of a Contract of Passenger Transport;
2.1.3. Obey orders from the driver and the Lead Passenger;
2.1.4. Allow for potential obstacles to the performance of Passenger Transport and for extra time;
2.1.5. Fasten their seatbelt before departing, if there are seatbelts on the coach;
2.1.6. Present for transport luggage that will not be likely to get lost or damaged or cause Hansa Bussiliinid to incur loss or damage by storing it in a luggage compartment. If luggage includes a dangerous item, a Passenger shall advise Hansa Bussiliinid of its presence and of the general nature of the danger before Passenger Transport begins;
2.1.7. Provide compensation for any loss or damage incurred by Hansa Bussiliinid, a Client, other Passengers or third parties because of her/him or her/his luggage. In the event of a breach of her/his obligations, a Passenger shall not be able to invoke a deficiency or property in her/his luggage as a circumstance releasing her/him from liability;
2.1.8. Declare the content of her/his luggage to customs accurately, formalise any other documents needed for crossing international borders and complete any other formalities.
2.2. A Client shall not:
2.2.1. Alight from a moving coach;
2.2.2. Take alcohol with her/him into the passenger compartment of the coach;
2.2.3. Consume alcohol or be in a state of intoxication on board the coach;
2.2.4. Smoke aboard the coach (including in the toilet);
2.2.5. Disturb the driver during travel;
2.2.6. Stand up during travel, except if there are standing places;
2.2.7. Eat or drink hot drinks during travel;
2.2.8. Break the coach or its furnishings (including head rest covers), damage either in any other manner or use either for purposes they are not intended for;
2.2.9. Transport substances or items that may cause damage to another Passenger’s luggage and/or health, and that are listed as dangerous and/or banned cargo;
2.2.10. Disturb or endanger other Passengers or cause loss or damage for other Passengers;
2.2.11. Disturb the progress or safety of a journey in any other manner.
2.3. A Passenger may relinquish her/his use of Passenger Transport Services. In this event, a Passenger shall bear any loss or damage (for instance, cost of return travel) related to relinquishment her/himself.
2.4. A Passenger shall allow for the fact that if she/he fails to board the coach by the time designated by the driver, the driver (together with the Lead Passenger) shall be entitled to decide whether to continue the journey and leave the Passenger behind or wait for the Passenger. If a Passenger misses the coach, the Passenger shall bear all loss or damage (for instance, cost of return travel) related to her/his missing the coach.
2.5. A Passenger shall not be entitled to require that additional stops be made or that a route be changed. Stops not agreed before the commencement of Passenger Transport shall be made only with the consent of the Lead Passenger and the coach driver.
3.RIGHTS AND OBLIGATIONS OF THE COACH DRIVER
3.1. The driver shall be entitled to decline to commence or continue a journey, if:
3.1.1. A Passenger does not fasten their seat belt (provided that there are seat belts on the coach);
3.1.2. A Passenger disturbs the driver during travel;
3.1.3. A Passenger smokes on board the coach;
3.1.4. A Passenger breaks or damages the coach in any other manner;
3.1.5. A Passenger breaches these Terms and Conditions of Carriage in any other manner.
3.2. The Driver shall be entitled to decline to transport a Passenger and/or her/his luggage (both before and during Passenger Transport) if the transport of the Passenger and/or her/his luggage would jeopardise the due performance of a Contract of Passenger Transport, or if the transport of the Passenger and/or her/his luggage would endanger any fellow passengers or third parties (any other road users), or if retaining control of a major source of danger (coach) would become more dangerous in any other manner.
3.3. If a Passenger breaches these Terms and Conditions of Carriage or if a Passenger encounters entanglements with the authorities of a country due to an invalid visa, travel insurance, illegal goods or the like, the driver shall be entitled to leave the Passenger at the relevant international border or nearest settlement and proceed in accordance with the legal requirements of the authorities. In this event, the fare shall not be refunded.
3.4. In the instances referred to in clauses 3.2 and 3.3 above, the Passenger bears any loss or damage (for instance, cost of return travel) related to missing the coach her/himself.
3.5. If timely arrival (as stipulated in the contract) is at risk, the driver shall be entitled to opt for the quickest and shortest route and not adhere to the route agreed before the commencement of Passenger Transport.
4.RIGHTS AND OBLIGATIONS OF THE LEAD PASSENGER
4.1. The Lead Passenger hereby undertakes to ensure that Passengers are present at the location at the time noted in the Contract of Passenger Transport (including that the Passengers return to the coach by the time announced by the driver when stops are made).
4.2. A Lead Passenger shall be entitled to change the route of a journey, allowing for the fact that any changes made may cause:
4.2.1. An increase in the total travel distance agreed in the Contract of Passenger Transport;
4.2.2. An increase in the total time requirement agreed in the Contract of Passenger Transport;
4.2.3. A deadline for transport being missed, that is, late arrival at a destination;
4.2.4. An increase in the cost of Passenger Transport agreed in the Contract of Passenger Transport.
4.3. During Passenger Transport, a Lead Passenger shall be entitled, on behalf of a Client, to make decisions, assume obligations for the Client, issue Passengers with orders that they must obey, assist the driver in calling a Passenger to order, prepare documents about offences by Passengers, amend the Contract of Passenger Transport insofar as the scope of the Contract of Passenger Transport (including duration of transport, destination, route and distance travelled) is concerned. If the scope of the Contract of Passenger Transport increases (for example, duration of transport or distance travelled increases), Hansa Bussiliinid shall be entitled to unilaterally increase the cost of Passenger Transport, allowing for the changed parameters (above all, duration of transport and/or distance travelled increases), and the Client shall be obliged to pay in the increased amount.
4.4. The Lead Passenger shall have no entitlement to change any terms in the Contract of Passenger Transport not referred to above, and this kind of change to a Contract shall require agreement between a Client and Hansa Bussiliinid.
4.5. The Lead Passenger shall assist the driver in any capacity, should the latter request so.
4.6. In the event of a conflict between orders issued to Passengers by the Lead Passenger and the driver during Passenger Transport, the Passenger shall obey the order from the driver.
5.TIME CONSTRAINTS ON CARRIAGE ON A COACH
5.1. The Passenger(s) shall be entitled to carriage on a coach with 1 driver for up to 10 hours, including up to 9 hours of travelling time, in a 24-hour period. Entitlement to carriage on a coach with 2 drivers shall be up to 20 hours, including up to 18 hours of travelling time, in a 24-hour period.
5.2. Carriage on a coach shall adhere to / allow for breaks and resting time established for a Driver under Directive 561/2006 of the EU:
5.2.1. After a driving period of four and a half hours a driver shall take an uninterrupted break of not less than 45 minutes, unless he takes a rest period. This break may be replaced by a break of at least 15 minutes followed by a break of at least 30 minutes each distributed over the period in such a way as to occur within a driving period of four and a half hours.
5.2.2. A coach driver’s daily uninterrupted rest period shall be at least 11 hours. Alternatively, this regular daily rest period may be taken in two periods, the first of which must be an uninterrupted period of at least 3 hours and the second an uninterrupted period of at least nine hours.
5.3. Duration of travel shall be calculated to the nearest 0.5 hours. Any time under 0.5 hours shall be assessed as 0.5 hours and any time over 0.5 hours as 1 hour.
6.1. Unless provided otherwise by legislation that cannot be deviated from by agreement between the Parties, Hansa Bussiliinid shall provide compensation solely for loss and damage caused to the Client or Passenger through gross negligence or intent to the extent that the causation of loss or damage has been proven by the party that incurred it. Hansa Bussiliinid shall not be liable for any loss or damage that a Client or Passenger has incurred or may incur due to the fact that a coach did not reach a destination on time. Hansa Bussiliinid shall not be liable for any degradation of items owned by a Client or Passenger, particularly any degradation or loss of hand luggage.
6.2. Hansa Bussiliinid shall not be liable for changes to the route, times of day and/or additional services provided on a journey, as noted on a ticket, if this is due to the actions of a Passenger, Client or third party.
6.3. Hansa Bussiliinid shall provide no compensation to a Passenger or the Client for the cost of a journey or any other loss or damage if a journey does not take place or is disrupted or delayed due to inaccurate journey information (for instance, wrong route, date, time of day or the like) provided by a Passenger or Client or due to missing documents (for example, insurance, a visa, other travel document or the like).
6.4. Amongst other things, Hansa Bussiliinid shall not be liable:
6.4.1. If a Passenger causes loss or damage for another Passenger, the Client or a third party;
6.4.2. If, due to an order from the Lead Passenger or the actions of a Passenger, passenger transport is held up (for instance, delayed in order to wait for a Passenger who is late, or the like);
6.4.3. If a Passenger, Client or third party incurs loss or damage due to the actions of the Lead Passenger, including instructions issued to the driver;
6.4.4. In instances provided in legislation.
6.5. Deficiencies in the provision of Passenger Transport Services shall not be taken to include minor changes in services overall, which a Passenger or Client should have expected given the schedule of Passenger Transport and the nature of services.
6.6. The Client hereby undertakes to provide Hansa Bussiliinid with compensation for any loss or damage (including any costs entailed by the restoration and/or cleaning of a coach). Amongst other things, Hansa Bussiliinid shall be entitled compensation for loss or damage if a coach of Hansa Bussiliinid cannot commence the performance of an order from the next client on time because of a Passenger (including a journey extended after the commencement of Passenger Transport or a coach that is soiled or damaged in any other manner).
6.7. Either Party shall not be liable for breaching an obligation if the Party has breached the obligation due to force majeure. Force majeure is a circumstance beyond the control of an obligor and which, at the time the contract was concluded, the obligor could not reasonably have been expected to take into account, avoid or overcome the impediment or the consequences thereof. For the purposes of the performance of obligations by Hansa Bussiliinid, such circumstances shall be, amongst other things, a flood, storm, earthquake or other natural disaster, fire, strike or work stoppage, war or military operations, disruptions in electricity supply or telecommunications links not announced in advance, obstacles to crossing an international border, traffic jams, technical failures in a vehicle and similar circumstances.
6.8. Either Party whose actions in the performance of contractual obligations are impeded due to force majeure shall advise the other Party of this in writing immediately.
6.9. A Passenger shall advise a driver of any damage or loss incurred on alighting from a coach. In addition, a Passenger or Client shall file a potential claim against Hansa Bussiliinid within 10 (ten) days of learning of the circumstances constituting the grounds for the claim. If the Client or Passenger has not adhered to the above procedure (including the time limit), the Client or Passenger shall forgo any entitlement to file claims against Hansa Bussiliinid subsequently invoking these circumstances.
6.10. Law of the Republic of Estonia shall apply to Passenger Transport Services. Every effort shall be made to resolve any disputes related to the provision of services by means of negotiations. Failing agreement, a dispute shall be settled in Harju County Court.
7.1. Any notices between the Parties shall be in a format which can be reproduced in writing. If a notice has been sent by e-mail or fax, it shall be deemed to have been received on the business day following transmission.
7.2. Either Party shall notify the other Party of any changes to its contact details in a format which can be reproduced in writing, at least 5 (five) calendar days ahead of the occurrence of the relevant changes.
Hansa bussiliinid hereby reserves the right to change the above Terms and Conditions of Carriage without notice. The Terms and Conditions of Carriage shall be deemed to have been changed upon being published on the website of Hansa Bussiliinid at www.hansaliinid.ee.
Terms and conditions of carriage on a coach since 01.02.2013.