On the basis of Article 295 of the Civil Obligations Act (Official Gazette 35/05, 41/08 and 125/11) and the Road Transport Act (Official Gazette, 82/13), the company Panturist d.d., Sv.L.B. Mandića 33, Osijek, which is represented by the President of the Board Dražen Divjak (from hereinafter: the operator or Panturist), has adopted the following:
GENERAL TERMS FOR THE CARRIAGE OF PASSENGERS AND GOODS BY BUS
I. GENERAL PROVISIONS
The general conditions for the carriage of passengers and goods (from hereinafter: general conditions) is an act by which the mutual relations between a passenger and the operator are established, the bases for the calculation of the prices of the service of passenger carriage, the fees for goods and secondary transport services.
Relations established by mutual agreement cannot be repealed by this act.
The general conditions as well as other provisions of the contractual relationship between a passenger and a sender of goods from one side and the operator on the other side, cannot contain provisions according to which the operator would completely or partially be exempt of the set liability of the Civil Obligations Act.
The general conditions are provided at bus stations which the operator uses via the timetable of individual services. The same act must be located on the bus and the vehicle’s staff are required to present it to a passenger upon request.
II. CONTRACTUAL RELATIONS IN TRANSPORT
By a contract which is made by the purchase of a travel ticket for a passenger, or the payment of a fee for the transport of goods it is confirmed that the operator will transport the passenger or goods to an agreed destination.
A contract of carriage is made between the operator and a passenger or between the operator and a transport client.
The sale of travel tickets to passengers is carried out without discrimination on the basis of their nationality or point of sale at which the ticket was purchased. The sale of tickets to disabled persons is carried out without the charging of additional costs.
The operator is obliged to transport a passenger and goods according to the published timetable of a service and under the corresponding conditions for the type of carriage, upon which the term “journey” is understood as the carriage by bus from a departure point to a final destination.<0}During the journey a passenger is obliged to retain their ticket and present it to a ticket inspector or the vehicle’s crew upon request.
The price of the service of carriage is established by a price list which has been composed on the basis of a chart with respect to the number of kilometres which is published on the timetable of the service.
For international carriage, the price of a travel ticket cannot be determined on the basis of provisions of an agreement between the Republic of Croatia and the country according to which the service is maintained.
A travel ticket can be single, return, monthly and discounted.
A travel ticket obliges the operator to the day and time which are marked on the ticket.
An expiration date will be indicated on a return ticket. The validity of a return ticket is calculated from the day that the journey begins.
The passenger – the user of a travel ticket is obliged to make a seat reservation on the vehicle.
As an exception to Article 7 of these general conditions, a passenger can buy and become the owner of a monthly travel ticket and/or chipped travel ticket with a one-off fee according to the operator’s valid price list.
A bus pass and/or chipped travel ticket is in the name of the user and contains information about the owner of the ticket, the type of ticket and route which the owner uses.
A bus pass and/or chipped travel ticket is issued for a specific time indicated on the pass or held on the chip for a fee, depending on the period and the category of the person who has bought it.
The sale of a coupon for a monthly ticket, and the charging of a chipped ticket, is carried out at the operator’s sales points.
In the event that during the validity of a chip card the chip on it becomes damaged, causing the data to be unreadable, the passenger will, by paying a fee to the value of a new chip, replace the damaged chip of the travel ticket, which will then be valid until the date of the previously chipped travel ticket.
In the event of the loss of a bus pass or chipped travel ticket, the user is obliged to report the loss to the sales point where they bought it.
Travel tickets are bought at organised sales points (bus stations, bus stops, agencies, branch offices etc.).
As an exception to paragraph 1 of this article, a travel ticket can be bought on a vehicle if technological, contractual or other difficulties for the sale of tickets on the vehicle do not exist.
According to the legal regulations certain passengers have the right to the use of privileges or discounts when travelling by bus on a regular road service.
This right is available when all the necessary legal and subordinate acts are established and adopted, and the financial means are secured for a refund to the operator of the passenger’s carriage who has used a discount.
Upon exception, the operator can also, for certain categories of passengers, independently grant the travel discount privilege.
Upon the purchase of a travel ticket with the use of a discount privilege from Article 10 of these general conditions, the passenger must show the prescribed documents for the confirmation of identity and the right to the use of the discount privilege.
In the case that the misuse of a discount privilege from Article 10 of these general conditions is confirmed, the same may be taken away from the passenger, and a time defined for which the passenger cannot use it.
A passenger can only have the right to one kind of discount privilege, upon exception, when using a return travel ticket.
According to Regulation (EU) no. 181/2011 of the European Parliament and Council from 16th February 2011 (hereinafter: EU Regulation no. 181/2011), operators are not allowed to refuse to accept a reservation, to issue or otherwise provide a ticket or take on board a person on the basis of disability or reduced mobility except in the following cases:
- in order to comply to the valid safety conditions under international law, law of the Union or national law or in order to comply to health and safety requirements which authorised authorities establish;
- if the construction of a vehicle or the infrastructure, including bus stops and bus stations, physically prevent the safe and operationally feasible entry and exit or the carriage of a person with a disability or a person of reduced mobility.
If an operator refuses to transport a person with a disability for the reasons above, that person can request that another person, who they themselves choose and who can provide the necessary help, accompanies them, so that the reasons of the operator from paragraph 1 of this article are not valid. Such an accompanying person will receive a full refund of the price of a travel ticket for the entire journey under the condition that the disabled person whom they are accompanying has bought a ticket at a regular price.
A travel ticket sales point, in other words, the operator, cannot charge for the service of a seat reservation without a previously purchased travel ticket.
A passenger can reserve a place orally or by telephone, but is obliged to buy a travel ticket and a reservation no less than 60 minutes, and up to 30 days before a bus departure on domestic and international services, and on inter-county services longer than 100 km during the tourist season (15.06. – 30.09.) at least two days beforehand.
If a passenger does not buy a ticket and a reservation within this period, the sales point which made the reservation has the right to sell the same to another passenger without any kind of further obligation to the passenger who did not buy a ticket and reservation within the defined period.
A passenger who has purchased a travel ticket, and who wishes to withdraw from the journey, has the right to return the ticket two hours before the start of the journey on domestic services, and 6 hours before a journey on international services, and to request a refund of part of the paid amount.
A refund of part of the paid amount is carried out by the operator’s cashier. A passenger is refunded the paid amount less the cost of the reservation and bus station service and 10% of the value of the price of the travel ticket (carriage).
For a lost travel ticket, or a ticket which is returned within a period shorter than the period from paragraph 1 of this article, or after a journey has already begun or if a passenger has, by their own fault, set off on a bus of another operator, the paid amount is not refunded.
A return ticket is issued for a period of validity as indicated on individual price lists and the operator sets a discount in line with their own price list.
If a return journey is, for justified reasons, not carried out (illness and other cases of force majeure) a passenger can request a refund of part of the paid amount of the value of the return ticket no later than the expiry of the valid period of the same ticket.
A passenger must request the refund of part of the paid amount at the place where the ticket was sold and within the period of the validity of the ticket. In this case, the passenger has the right to a refund of the difference of the value of the paid amount for the return ticket and the real value of a one-way ticket reduced by 10%.
A journey with a return travel ticket must be carried out on the same transport route and with the same operator or their subcontractor.
In the case that a passenger withdraws from a journey or requests a refund of part of the price of a return ticket, but the return journey has not been used, an extension of the valid period of the ticket can only be carried out by an authorised person of the operator if such a request is made by the passenger within the set time limits established in Article 14 of these general conditions.
Withdrawal from a journey on a domestic service in a time shorter than two hours before the beginning of the journey itself results in the loss of the right to a refund of money.
A request for the refund of money for an unused return journey placed after the expiration of an agreed journey date cannot be taken into consideration.
A passenger is allowed a journey with a reservation replacement which an authorised person certifies at the sale of tickets for a date which the passenger decides upon in situations of a timely placed request.
The previous paragraphs of this article also analogously apply to international transport, however, the time limit for the withdrawal from a journey is 6 hours before the beginning of a planned journey.
At a sales point, a passenger can request the confirmation of the paid amount of the price of a travel ticket. The sales point issues this confirmation with a specified form, with a fee.
III. Passenger carriage
The following cannot be accepted on board:
- persons who are carrying firearms, apart from persons who have authorisation for them,
- persons suffering from illnesses which endanger the health and/or safety of passengers (infectious or mental illnesses),
- persons under the influence of alcohol or the effects of intoxicating substances,
- persons without appropriate clothing,
- persons who might cause damage to passengers and the vehicle with their clothing,
- animals apart from dogs accompanying blind persons and small animals in line with the conditions established in Article 47 of these general conditions.
A passenger is obliged to take care that at the departure point or bus stop they enter in a timely manner the bus which is travelling on the route and to exit the bus at the designated stop.
A passenger can only enter and leave at a stop which is scheduled on the timetable, except in the event of force majeure.
A passenger is obliged to retain their travel ticket until the end of the journey and to show it to the vehicle's crew or inspector.
Pre-paid travel tickets are considered valid by the price of the trip for the route to which they refer.
If the prices or other fees are calculated incorrectly, the passenger is obliged to additionally pay the lower calculated price, whilst the higher charged price is returned to the passenger.
The vehicle's crew charge the lower billed price, whilst the refund of the higher paid price of a travel ticket is granted to the passenger on the basis of a written request which they send to the operator within a time limit of 8 days from the day of the journey.
A passenger who with a travel ticket for a shorter route travels to the same designated stop on a longer route, pays the difference between a regular or privileged, discounted fare and the same of such tickets for carriage on the longer transport route.
The previous paragraph does not apply to passengers with monthly tickets.
A passenger who wishes to continue a journey with the same bus and beyond the bus stop to which their travel ticket is valid is obliged to report this to the vehicle's crew at the beginning of the journey. They then pay the surcharge of the ticket to the new designated bus stop.
If a passenger conceals themselves from the vehicle's crew with the intention of not paying for a ticket or if they lose it or in any way are left without a ticket, they are then obliged to pay the vehicle's crew or inspector for a ticket or a new ticket for the route on which they are travelling, upon which the staff also charge a penalty payment from Article 27 of these general conditions.
When the vehicle's crew carry out an inspection of travel tickets and collect payments from all the passengers who did not have tickets, they are obliged to ask if there are any more passengers without tickets.
If the inspector comes across a passenger in a bus without a travel ticket, they have the right to charge a penalty to the amount of 200 kunas and in addition to this monetary fine to also charge them for a full price travel ticket from the stop at which they entered to their final destination.
If it is not possible to determine at which bus stop the passenger began their journey, they will be charged the price of a ticket from the starting point of the bus service to the destination where the passenger is travelling.
If a passenger is found on a bus with a damaged or forged ticket, the operator can charge them for a ticket and apply a penalty in line with the previous paragraphs of this article.
If it concerns a damaged or forged pre-paid ticket, it is taken away from the passenger, and the operator along with the compensation of costs from the passenger can also ban the further issuance of tickets to them.
A passenger who refuses to pay a penalty is excluded from the journey, and if they refuse this, the vehicle's crew are obliged to report this to the nearest police station.
During the journey the operator’s vehicle crew and inspection staff can exclude a passenger from further travelling at the first stop if they disrupt the order and peace in the bus, endanger traffic safety and hinder the work of the vehicle's crew.
In cases of the exclusion of passengers because of the mentioned reasons a passenger has no right to a refund of the fare from the place of exclusion to the destination.
At the same time that a passenger is excluded from further travelling the vehicle's crew hands over their accompanying luggage.
If a passenger who is using a discount privilege for transport cannot, upon the request of vehicle's crew or inspector, show the document which gives them the right to using the discount then they are obliged to pay the difference between a full and discounted fare of a travel ticket.
If a passenger intentionally or from extreme negligence contaminates a bus then they are obliged to pay for the cleaning of the vehicle at the costs incurred.
A passenger is obliged to cover the costs of damage to the operator which they cause by their fault on the bus or to other property of the operator.
Smoking on the bus is not permitted. The smoking ban also applies to e-cigarettes.
The operator is not responsible for damage caused by delays or the interruption of the journey if it has occurred from objective reasons or force majeure.
According to EU regulation no. 181/2011 passengers on international services of at least 250 kilometres long, in which the start and end points are in countries of the European Union they have rights to:
the guarantee of the continuation or redirection of travel to the final destination or a refund of the fare in cases of over-booking or in cases of the cancellation or delay of departure of more than 120 minutes;
the appropriate help in the event of the cancellation or delay of departure of more than 90 minutes with journeys with a predicted duration longer than three hours;
information in the event of the cancellation or delay of departure;
compensation for death or physical injury, as well as the loss or damage of luggage as a consequence of a traffic accident, and notably the operator’s help with regards to the immediate practical needs of passengers after an accident.
In the event of an accident the operator limits the total cost of the accommodation of passengers to a maximum of 80 Euros per night for each passenger and for a maximum of two nights.
IV. THE TRANSPORT OF GOODS
Buses can take on board the following items on regular road service routes:
- hand (personal) luggage of small dimensions such as handbags, bags and alike, which can be placed on the shelf above the seats, so that it does not bother other passengers;
- travel luggage which a passenger carries with themselves weighing up to 40 kg such as suitcases, bags, trunks, baskets, travel bags, boxes and similar parcels, children’s prams, musical instruments and other items which by their dimensions and weight can be stowed in a luggage compartment and do not prevent fast loading and unloading.
Stowed luggage does not include the following items: personal computers, video cameras, mobile telephones, cameras, money, jewellery, credit cards, medical and other documentation, artistic works and valuable reproductions, crystal and easily broken glass items, medical and prosthetic aids, tools and accessories that are used in the carrying out of professional activities, valuable and rare books plus items of precious and expensive metals.
Luggage is transported in a separate space intended for the accommodation of the same.
The operator is obliged to take on board luggage with a charge which is set by a valid price list, however, only two pieces maximum, and only more if a sufficient stowage space is available, for that it charges a fee in line with the price list for the transportation and storage of goods.
Unaccompanied luggage is, as a rule, all those items which cannot be taken on board the bus with the condition that enough free space is available, namely that these items do not disadvantage a passenger upon the loading of luggage and that the bus is not overloaded with them.
For the loss and damage of luggage, which is taken on board unaccompanied, the driver of the bus is responsible, who is liable for damages on that basis, unless it is proven that the damage was caused by force majeure or an act which the driver could not avoid.
The vehicle's crew carry out an inspection of the contents of unaccompanied items before taking them on board for their own safety.
Unaccompanied luggage can also be transported on the basis of a contractual relationship between the sender and operator or other accompanying documentation which the operator issues and according to a special price list.
The following cannot be accepted on board:
- explosive and highly flammable items and items of perishable contents;
- items which by their characteristics endanger or might injure, soil or harm passengers, the bus and other items taken on board,
- money, valuable papers, valuables, jewellery and artwork,
- items whose transport is prohibited by separate regulations,
- unaccompanied luggage on which the recipient is not indicated.
The price list for the transport and stowage of luggage is an integral part of the price list for the carriage of passengers.
The price of the transportation of unaccompanied luggage is set out with the price list for the transport and stowage of luggage. The operator sets the price list.
The price of unaccompanied luggage can also be set by a contract or other corresponding document between the sender and the operator.
Upon the loading of luggage in the luggage compartment of the bus the vehicle's crew charges a passenger a fee and gives them a numbered luggage ticket. One part of the luggage ticket is attached to the luggage, the other part (coupon) to the travel ticket.
The passenger must hold onto the coupon until the end of the journey.
When taking the luggage, the passenger hands over the coupon to the vehicle's crew, and matching the number on the coupon with that on the luggage hands over the luggage.
The coupon which has been attached to the luggage must not under any situation be removed from the time of being taken on board to the time that the same is handed over.
The operator is liable for damage which is caused by the loss or damage of luggage if the passenger proves that the damage was caused by the fault of the operator. The operator compensates a passenger to the amount of the actual damage, whilst the operator’s liability for loss and damaged luggage can at most total:
- on services above 250 km, a maximum of 1,200 Euros for each piece of luggage;
- on services up to 250 km, a maximum of 1,500 kunas for each piece of luggage.
The operator compensates a passenger for the loss or damage of a wheelchair or other mobility equipment in the event that its liability is proven.
The operator is not liable for damage:
in the case when the operator proves that the damage was a consequence of the loss or damage of luggage caused by force majeure or an act of the passenger who handed over the luggage;
which arose due to the properties or condition of the luggage itself and the natural characteristics of the items that make up the luggage;
arisen as the consequence of theft or any other kind of criminal offence if the luggage stowage area was locked at the time that the act was committed and if the vehicle's crew immediately informed the relevant police station about it.
In the case of the loss or damage of stowed luggage the passenger is obliged to submit a written request to the operator for damage compensation immediately at the end of the journey. Only for damages which could not be detected by a regular inspection can a passenger submit a request within a time limit of 8 days from the day of the damaging of the luggage, along with the necessary evidence of the handing over of the luggage for transportation.
The operator is not liable for the loss or damage of hand luggage.
V. THE STOWAGE OF ITEMS
The operator is obliged to define the method of accepting, stowing and issuance of items which passengers have lost or forgotten on the bus and to determine a space for the stowage of the same.
At the service’s final destination, the vehicle’s staff are obliged to immediately look through the bus when the passengers are leaving. Any found items must be handed over to an authorised person of the operator for safekeeping.
The operator’s authorised person must conscientiously examine every found item and try to find its owner, to call them to take their items, or to determine how to deal with the found items.
The authorised person must open and determine the contents of locked, sealed or firmly secured items immediately upon receipt.
A notice to an owner of a found item can contain only a short description without reference to specific characteristics (colour, size etc.) since the owner alone must specify the contents and other information if they want to recover the items.
Upon the receipt of a found item, the owner is charged a fee for storage.
Found items which have a high value must be stored for up to 8 days.
Found money, valuable papers, jewellery and other items of higher value must be stored at the operator’s ticket office for up to 30 days.
After the expiry of the time limits from paragraph 1 and 2 of this article the operator has no further obligation for the storage of an item. Upon the expiry of the time limit of an item, it can be thrown away, destroyed, donated or sold.
If this concerns foodstuffs whose condition does not withstand storage at a daytime temperature then they are destroyed or disposed of as waste after 24 hours.
VI. TRANSPORT OF ANIMALS
No animals can be transported apart from small animals for whose carriage the operator has given special consent for and the guide dogs of blind persons.
Animals for which the operator has agreed to transport travel only in the luggage compartment (apart from guide dogs for the blind).
During transportation, they must be adequately cared for in order that they do not inflict any kind of damage and along with a corresponding certificate of a performed veterinary inspection, not older than 10 days.
For the transportation of animals from Article 46 (apart from guide dogs) a fee is charged to the amount of 50% of a travel ticket price for the transport route.
VII. FINAL PROVISIONS
If individual queries about the carriage of passengers or items are not regulated with these general conditions, a passenger or sender of items can ask the operator for a corresponding interpretation.
An integral part of these general conditions is the valid price list for carriage and the stowage of luggage.
Amendments and additions to these general conditions can be carried only in the method and by the procedure in which they were adopted.
For disputes which arise between the operator and passengers, the parties shall endeavour to resolve them agreeably, but in the event of a court case, the municipal court in Osijek shall be in charge.
The limitations of the liabilities of the company from Article 39 paragraph 1 are not applied until 01.03.2017 for a regular domestic service and for a regular international service when at least one stop is located outside the EU. Until 01.03.2017 the operator’s liability on a regular domestic service and a regular international service when at least one stop is located outside the EU cannot be more than 1,500 kunas per piece of luggage.
The general conditions shall come into effect and apply from 01.09.2014. From this date, the general conditions for the carriage of passengers and items by bus from 01.06.2008 cease to be valid.