NOMAGO d.o.o., storitve mobilnosti in potovanj, d.o.o.
Vošnjakova 3, 1000 Ljubljana
Based on the terms of Article 120 of the Obligations code, Road Transport Act and Road Transport Contracts Act of the Republic of Slovenia and other applicable laws and regulations,
NOMAGO d.o.o. (hereinafter: carrier) publishes the following
GENERAL TERMS AND CONDITIONS FOR INTERNATIONAL TRANSFER OF PASSENGERS
1. GENERAL PROVISIONS
General terms and conditions for the international transfer of passengers (hereinafter: General terms and conditions) define the contractual relationship between the carrier, customer and passenger as created by the transport agreement for passengers and luggage using motor vehicles in accordance with the applicable regulations of the Republic of Slovenia. Every passenger accepts these general terms and conditions and is bound by them from the moment he/she purchases a transfer ticket or accepts the transfer contract in any other way that is defined in these General terms and conditions.
To avoid confusion regarding the international transfer of passengers, these General terms and conditions supersede any General terms and conditions for the public transfer of passengers and luggage on national and international routes which will not be used, unless explicitly specified in these General terms and conditions.
The General terms and conditions are a public notice to the passenger, customer and carrier. They govern contractual relationships in the transfer of private individuals and luggage, the obligations and responsibilities of the carrier and customers while ordering services and entering into a transfer contract according on national and international routes.
Any changes of the General terms and conditions must be publicly posted on the website and sales locations of the carrier before they are brought into effect.
The transfer right is not available if the passenger does not purchase or acquire the ticked according to the conditions in these General terms and conditions.
Any rights and duties of the carrier or customer/passenger that are not mentioned in the contract or legislation will be governed by general business practices for passenger transport.
Terms used in these General terms and conditions have the following meanings:
The carrier is the party that transfers passengers and luggage according to the transfer contract that the customer/passenger and the carrier have agreed to in accordance with these General terms and conditions.
Other carrier is the carrier that is not the issuer of these General terms and conditions and whose services are not sold, brokered or influenced by the carrier.
The passenger is a person that pays for and uses the transfer service using a public transportation vehicle.
The customer is a person that enters into a transfer agreement with the carrier in their own name or on behalf of someone else.
The transfer agreement binds the carrier into transferring the customer/passenger to a certain place and binds the customer to pay a suitable transfer fee to the carrier. Reservations of the row and type of seats and any luggage surcharges are part of the transfer contract. If the transfer contract is changed, a new reservation of the row and type of seats as well as new luggage surcharges are required.
The transfer fee is the amount that the carrier receives in accordance with the passenger transfer agreement;
The checked-in passenger luggage includes any things that the passenger hands over to the carrier for transportation in accordance with the luggage transportation contrast;
Carry-on passenger luggage represents items with smaller dimensions that the passengers are allowed to carry into the vehicle and store them into a suitable space. The passenger is responsible for the protection of such items.
Outgoing location is the place where the contractual transfer starts.
Destination is the place where the contractual transfer ends.
A discount code enables the customer/passenger to gain different discounts for different reasons, which are defined in these General terms and conditions. The discount code will not be valid more than (1) year after the issue date. The discount code can be used only once in its entirety for a single purchase. The leftover amount cannot be used for later purchases. It also cannot be transferred to others or paid out in cash. The discount code can be legitimately used only if the customer pays a purchase amount of at least one (1) EUR.
Business account (also called an agent account or B2B account) is a service for legal entities which may have a business cooperation agreement with the carrier that handles the ordering process, payment deadlines and other benefits.
Transfer of the passenger to another vehicle is carried out if the passenger buys a transfer ticket which requires him/her to transfer into another vehicle during their travel. The transfer is marked during the buying process as well as on the transfer ticket.
Seat reservation is the reservation of a certain seat that will be used between the outgoing location and destination at a certain departure time.
A business class seat is a seat that the passenger selects during the purchasing and reservation process. It requires a surcharge and it is placed in the first three (3) rows of the vehicle with premium features and a larger space between the seats. The price of the business class seat includes 1 piece of hand luggage with max. dimensions 42 x 30 x 18 cm and max. weight of 10 kg as well as two checked-in bags with max. dimensions 80 x 50 x 30 cm and total weight of max. 30 kg.
An economy class seat is the classic seat that the passenger selects during the purchase and reservation process. The seat is assigned automatically or the passenger pays a surcharge and selects the seat. The price of the economy class seat includes two pieces of luggage, one piece of hand luggage with max. dimensions 42 x 30 x 18 cm and max. weight of 10 kg as well as one piece of checked-in bags with max. dimensions 80 x 50 x 30 cm and max. weight of 30 kg.
A family class seat is a seat that the passenger selects during the purchase and reservation process and is placed in the back of the bus and has a small table between the seats. The price of the family seat includes two pieces of luggage, one piece of hand luggage with max. dimensions 42 x 30 x 18 cm and max. weight of 10 kg as well as one piece of checked-in bags with max. dimensions 80 x 50 x 30 cm and max. weight of 30 kg.
The regulation no. 181/2011 of the European permanent and Council from 16. February 2011 concerning the rights of passengers during bus transportation and the change of the Regulation (EC) no. 2006/2004 (hereinafter: Regulation) defines the rights of passengers in EU countries where the estimated length of the transfer is at least 250 km.
2. PASSENGER TRANSFER
2.1. TRANSFER AGREEMENT
The passenger transfer agreement binds the carrier to drive the passenger from the outgoing location to their destination safely, in a suitable vehicle with a suitable number of seats and hygienic conditions that are common for road passenger transport.
The passenger is obliged to pay the agreed transfer fee. If the passenger refuses to pay the transfer fee, he/she is not allowed enter the vehicle or should leave it at the first stop.
The carrier and the passenger or the carrier and the customer enter into a passenger transfer agreement. By entering into an agreement with the customer, the carrier is obliged to offer transportation to the passenger that is defined by the customer according to the conditions in the contract as well as these terms and conditions.
If the customer cancels the transfer agreement after it is concluded, but more than 48 hours before the transfer begins, the customer is refunded 90% of the transfer fee while the other 10% is considered a cancellation fee for the termination of the contract.
If the customer cancels the transfer agreement after it is concluded, from 48 to 24 hours before the transfer begins, the customer is refunded 50 % of the transfer fee while the other 50 % is considered a cancellation fee for the termination of the contract.
If the customer cancels the transfer agreement after it is concluded, but less than 24 hours before the transfer begins, the customer receives 20 % of the transfer fee while the remaining 80 % is considered a cancellation fee for the termination of the contract.
The carrier will issue a receipt for the paid cancellation fee if the customer demands it after canceling the transportation agreement.
The carrier is obliged to transport the passenger according to the published timetable using a vehicle of suitable quality for the type and duration of the transfer. The carrier assigns a seat number within the vehicle to the passenger. The carrier is obliged to provide the designated position in the designated vehicle or transportation in a designated vehicle only if this is specifically stated in the transfer agreement.
The carrier may shift the timetable by 3 hours no earlier than 30 days before the start of the transfer. In this case, the customer or the passenger may cancel the transfer agreement and ask for a 100 % refund of the transfer fee or a discount coupon for the amount of the transfer fee no earlier than 20 days before the transfer date.
The driver is only allowed to stop on bus stations or bus terminals which are noted in the timetable.
The driver reserves the right to stop the bus if this is required to ensure safety.
The passenger must obey all justified safety instructions by the driver. If the passenger does not observe such instructions, he/she may be removed from the vehicle without the right to ask for a refund of the transfer fee. In such cases, the carrier and the driver are not liable for any damages to the passenger.
The driver should not allow entry and should remove passengers in the following cases:
They show visible signs of drunkenness or drug use, are violent towards other passengers or harass them.
They wish to transport unsuitable luggage or dangerous materials that should not be transported in accordance with article 46 of these General terms and conditions.
Their actions are deemed dangerous to the transfer or passengers, they harass the passengers or the driver or they demonstrate other kinds of disorderly conduct.
They make other passengers afraid or uncomfortable.
They want to enter the vehicle in roller blades, snow boots or other unstable footwear.
They enter the vehicle in dirty or soiled clothes and cannot be assigned a space that is separated from the other passengers or their clothes are so dirty that they could cause damage to other passengers or soil the interior of the vehicle.
They damage the vehicle or other people’s luggage or prevent the carrier of completing the transfer in any other way.
They do not want to pay the transfer fee or show the transfer ticket.
In cases from the previous paragraph, the driver can interrupt the transfer and ensure the safety of other passengers and the vehicle before continuing.
The removed passenger has no rights to any reimbursement of the transfer fee. In such cases, the carrier and the driver are not liable for any damages to the passenger.
If during transfer the passenger shows signs of any of the infectious diseases that are governed by special regulations, the carrier must act according to these regulations and transport such passengers to the first location where medical assistance can be provided.
Passengers can be removed from the vehicle only at a bus stop or terminal.
The contract between the carrier and the customer can be valid for one or more transfers involving one or more passengers.
The customer is responsible to the carrier for any obligations that stem from the passenger transfer agreement in the way that is defined by these General terms and conditions.
The carrier must issue a ticket to the passenger. It can be a group ticket or an individual ticket as a PDF or paper receipt for tickets that the passenger buys from the driver. If the passenger buys the ticket before the journey, they should bring the printed ticket to the bus or show it on their mobile phone. The ticket is evidence that the passenger transfer agreement is concluded. The existence of the contract can also be proven in other ways.
The ticket gives the passenger the right to a single drive between the outgoing location and their destination or transfer to another vehicle that is marked on the ticket. It passenger is not allowed to exit after that point.
The passenger can buy the ticket from the driver or during presales at organized ticket sales locations, which includes the carrier’s website.
Registered users can buy and pay the ticket online using their credit card or PayPal. In such cases, the payment is required upon purchasing the ticket.
Before finishing the purchase of the ticket online, the buyer can click the “Pay” button or other suitable button which means he/she confirms the payment of the agreed fee for the order and accepts these General terms and conditions.
The passenger must keep the ticket in their possession throughout the journey and present it to the controllers if required.
Actions that the carrier deems misuse of the ticket:
If it is used on a route that is different (longer) than the one it was issued for.
If it is used on an unsuitable date.
If the ticket is one-way, but it is used in the opposite direction and not the one it states.
If the ticket is incomplete and does not have all the required information and codes.
If the controller or driver determines that the ticket is misused in any of the above mentioned ways, the offender must pay a fine which is equivalent to five times the value of the transfer fee from the first station on the line to the destination.
The passenger must show any printed or e-ticket that was bought during presales to the driver upon entering the bus even if the driver does not remind them. He/she must also show it during the transfer if this is required by the controller, bus station staff or the competent inspector. If the passenger refuses to show the ticket which was purchased during presales, he/she must leave the vehicle at the first bus station/terminal. If the carrier’s vehicles are equipped with electronic bar code or QR code readers, the e-ticket must be registered at the passenger terminal (reader) upon entering the bus. The transfer document is only valid after finishing this process. The passenger must save the ticket until the end of the transfer.
If the transfer fee or other fees are incorrectly charged, the passenger must pay the difference if he/she was undercharged or receives a refund if he/she was overcharged. The passenger can demand the refund for the overcharged transfer no later than 30 days after the transfer is complete.
If the passenger wants to exit before reaching the destination, the carrier is not obliged to refund the difference in price. The same is true if the passenger wishes to change the type of their seat and the value of the new ticket is lower than the amount that they paid. The passenger is not eligible for receiving a refund in such cases.
The passengers must ensure that they enter the correct bus at the outgoing location or any of the bus stations or terminals along the way and exit the bus at their destination. Passengers that want to enter the bus at the bus stop or terminal should wait for the bus to stop on a safe location that is at least one (1) meter removed from the road.
Passengers can enter and exit the bus only at a station that is included in the timetable. Passengers may not enter or exit the bus outside of bus stations. Passengers usually exit the bus at the middle or back doors. Passengers should quickly enter and exit the bus without causing congestion while considering the needs of movement impaired passengers.
The passenger has the right to cancel the agreement before it comes into effect. Such cases are governed by article 9 of these General terms and conditions. The transfer provisions from this paragraph of the transfer agreement must not be changed to the detriment of the passenger.
The provision of the Consumer Rights Act that gives consumers the right to cancel the contract within 14 days without having to provide a reason is not used in contracts that were concluded remotely or outside of our offices (online for example).
Passengers do not arrive on time
The carrier will do their best to ensure that the vehicle leaves according to the timetable and the notice that was sent to the passengers. It will not wait for passengers that are running late.
Passengers should come to the outgoing location at least 15 minutes before their transfer begins.
If the passenger is late, the transfer contract will be canceled and the transfer fee will not be refunded. The payment is considered a cancellation fee for the termination of the contract.
The carrier does not arrive on time
The customer agrees that the carrier has the right to be up to two (2) hours late. This can be the consequence of traffic, weather conditions and other unpredictable factors that the customer must take into account while ordering the services.
The carrier usually drives away at the time that is listed on their timetable.
If the passenger is late for their connecting transfer because the carrier was late, the carrier is not responsible if the next conditions are fulfilled:
The delay was a consequence of unpredictable events which the carrier could not have predicted, avoided or prevented (force majeure).
The delay was the consequence of unpredictable or unexpected events and could not have been avoided by due diligence of the carrier.
The customer has the right to demand a refund of the paid transfer fees or request the same amount as a discount code.
If the transfer is interrupted for reasons that are not the responsibility of the passengers, they have the following rights:
They can demand that the carrier takes them to their destination together with their luggage with their mode of transportation or other suitable mode of transportation.
They can demand that the carrier takes them to their outbound location within a suitable time frame and return their transfer fee.
They can cancel the contract and demand the refund of the transfer fee.
In the cases described in the second and third point of the previous paragraph the paid transfer fee is refunded as a discount code.
If the transfer is interrupted due to force majeure, the carrier obligations from the previous article will not apply.
If the transfer does not start according to the carrier’s time table or at the time that is set in the contract in accordance with the provision in paragraph 1, article 24, the passenger or customer may terminate the contract and demand a refund of the transfer fee.
In case of unexpected circumstances that can delay the departure of the carrier, the carrier shall send a message to the customers phone number or email about the changed departure time at least 30 minutes before departure. If there is no Internet connection or the mobile phone network does not function, this shall be considered force majeure and the carrier will not be liable for not notifying the passengers.
The carrier may send an additional/new message with new information about departure times do due unexpected changes. The passenger must follow the recommendations in the latest message.
The customers are not eligible for refunds of reimbursement for any other costs connected to the transfer termination, unless they can prove that the extraordinary termination was caused because of the intent or severe negligence of the carrier.
If the transfer cannot be carried out or is interrupted due to force majeure (external circumstances that cannot be expected, avoided or prevented) and the transfer cannot be continued in time, the carrier is not responsible for any damages and does not offer refunds of the transfer fees.
Terrorist attacks and cyber attacks are also considered force majeure.
Terrorist attacks involve all violent attacks that affect human lives, movable property, real estate or infrastructure with force, violence or threats and are motivated by political, religious, ideological or similar motives with the intent on influencing the government of a certain country or spreading fear in the public or part of it or that have such an effect.
Cyber attacks are a malicious attacks using computers, computer systems, computer software or hardware, databases, information databases, microchips, integrated circuits or similar devices in a computer equipment, malicious codes or processes of other electronic systems.
2.2 TRANSFER PRICES
The price of transfer on a certain route is not fixed, it is adjusted over time and depends on the type of seats and seat reservation as well as customer demand for certain relations on a certain time and date.
2.3 RESPONSIBILITY OF THE CARRIER
The carrier is responsible for any damage that is caused by the death, health and injuries of the passenger if such damage is caused by fault of the carrier when the passenger is in the vehicle or enters or exits the vehicle unless it can be proved that the damage was caused by the actions of the passenger or because of an external cause that could not be expected, prevented or avoided – force majeure.
The carrier is responsible for any damages arising from the death, health complications and injuries of the passenger in accordance with the applicable regulations of compulsory insurance of passenger in public transport as well as in accordance with the applicable legislation.
Responsibility of the carrier according to the Regulation
During transfers in EU countries where the estimated length of the transfer is at least 250 km, the carrier is responsible for losing or damaging luggage in traffic accidents while using the bus for the amount of 1.200 EUR for every piece of luggage. This limitation is not used in case of damaged wheelchairs, other assistance equipment or medical devices where the compensation is always equal to the cost of replacing or repairing the lost or damaged equipment.
If the carrier cancels the transfer, is late for more than 120 minutes or overbooks seats in EU countries where the estimated length of the transfer is at least 250 km , the passengers have the following rights:
They can continue the transfer to the destination without additional expenses under comparable transportation conditions that are set out in the transfer contract.
They can ask for a refund for the ticket price and if appropriate they can demand to be taken to the departure location that is stated in the transfer contract as soon as possible.
If the carrier is late more than 90 minutes in EU countries where the estimated length of the transfer is at least 250 km and the estimated duration of transfer is more than three hours, the carrier will provide the following complementary items to the passenger:
A suitable snack, meal or refreshing drink that should be offered to the passengers if it is available on the bus or can be reasonably procured.
A hotel room or other lodging and help with transportation between the bus station and the lodging provider should be offered if the transfer is interrupted for one or more nights. The overall expense of such lodging is limited to 80 EUR per passenger for a maximum of two nights.
If an accident happens during the use of the bus in EU countries where the estimated length of the transfer is at least 250 km, the carrier will ensure reasonable and proportional help with any practical needs of the passengers after the accident. If such help is required, it involves lodging, food, clothes, transportation and first aid. The overall expense of such lodging is limited to 80 EUR per passenger for a maximum of two nights.
The liability claim connected to a delay or termination of the transfer must be delivered no later than three (3) months from the day that the transfer was over or should have been over, otherwise the career cannot be held responsible for any damages.
If the vehicle breaks down, the carrier undertakes that they will ensure replacement transportation in the shortest possible time. If the replacement vehicle cannot be provided within two (2) hours from the termination of the transfer due to the vehicle breakdown, the already paid transfer fee is refunded to the customer as a discount code.
If the vehicle breaks down and the carrier provides replacement transportation, the carrier cannot ensure any premium services that are stated on the transfer ticket (such as wireless networking), and the customer is not eligible for receiving any kind of refund, damage reimbursement or reduction of the transfer fee.
If the vehicle breaks down and the carrier ensures replacement transportation, the customers are not eligible for receiving any refunds or reimbursement of damages unless they prove that the breakdown of the vehicle was caused because of significant negligence or intent on the part of the carrier.
2.4 RESPONSIBILITY OF THE PASSENGER
The passengers are not allowed to smoke, drink alcoholic beverages or eat unsuitable (greasy, liquid ..) food in the vehicle. If the vehicle is soiled because of their actions (littering, vomiting, urination, …), they must cover the cost of the cleaning or repairs of damaged surfaces inside and outside the vehicle.
If the bus seats have seatbelts, the passengers must buckle themselves. Passengers must seat in the direction of the seat due to safety reasons. Walking around the bus during driving is not allowed due to safety reasons. If the passenger does not follow safety regulations, the carrier cannot be responsible for any consequences that the passenger faces in connection with that.
Passengers are responsible for damages due to intentional or negligent behavior and must pay the damages for cleaning according to the current price list or according to the actual expenses incurred.
The following actions are strictly forbidden: opening the doors during driving, throwing items in the vehicle and out of the vehicle, obstructing other passengers while entering and exiting the vehicle, destroying or stealing the equipment, soiling the vehicle or acting in any other way that prevents the transfer from taking place or causes damage to other passengers, their luggage, the carrier and their property, other property or the environment.
The passenger must compensate the carrier for the damages that he/she caused on the vehicle, bus stations and other buildings that are used for public compensation.
The passenger answers for the damage to the carrier and other passengers according to common practice of liability claims.
3. TRANSPORTING LUGGAGE
3.1 CARRY-ON AND CHECKED-IN PASSENGER LUGGAGE
The carrier is only obliged to accept smaller pieces of luggage (suitcases, bags, clothes, shopping bags) that conform to the limitation of weight, number and dimensions as stated in these General terms and conditions. Other luggage is only accepted in the quantity, weight and dimensions as were announced and paid for when the ticket was bought during presales. If the quantity, weight and dimensions of luggage exceed the values that are determined in these General terms and conditions or the owner of the luggage did not pay for it during presales, the carrier can deny the transport of such luggage. Any luggage, including sports equipment, must be suitably packed due to safety concerns and to prevent the damages and soiling of other people’s luggage or the vehicle. If the luggage is unsuitably packed, the carrier can deny the transport of such luggage. If the luggage was not included when buying the ticket during presales, but it is suitably packed and free capacity for transporting luggage is available in the vehicle, the carrier can accept additional luggage and charge the transfer of such luggage to the passenger in accordance with the current price list of the carrier.
The carrier charges the transfer of checked-in passenger luggage according to the price list that was valid while the passenger was finishing the buying process, unless the passenger transfer agreement states differently.
The carrier offers free transfer of foldable wheelchairs and foldable kids strollers.
Carry-on passenger luggage contains things that weigh up to 10 kg, have smaller dimensions (handbags, smaller packages) – up to 42 x 30 x 18 cm – and can be placed in the luggage space over the seats in the bus or the passenger can place on their seat or under it, so that their properties or states do not compromise the safety of transportation and do not hinder other passengers and do not occupy another seat. If the carry on luggage could compromise the order and safety of the passengers or bothers them, the staff may not allow you to carry it into the vehicle and places it in the luggage compartment along with checked-in bags. The carrier offers free transfer of carry-on passenger luggage.
The checked-in passenger luggage includes packed items, lighter than 20 kg, that the passengers take along (suitcases, bags, baskets, crates, boxes, kids strollers, musical instruments), as well as other items whose dimensions and weight allow installation in the checked luggage area and do not prevent quick loading or unloading of checked passenger luggage. The luggage from the previous sentence is transported in an area that is dedicated to the transfer of checked-in passenger luggage.
The number of pieces of checked-in passenger luggage with max size 80x50x30 cm depends on the seat type that the passenger selected during the reservation. Smaller deviations are allowed if the total dimensions (height, width and length) of the luggage item are not over 160 cm. In some cases, the passenger can take an additional payable luggage piece (additional luggage) with maximum dimensions 80 x 50 x 30 cm which weighs 20 kg at the most. Smaller deviations from the measures are also allowed for additional luggage, if the total dimensions of the luggage are not over 160 cm. This requires payment of an additional luggage fee according to the current price list of the carrier. Passengers do not have a general right of carrying more than one bigger luggage piece.
The carrier may accept a larger number of checked-in luggage pieces if a special designated area is available which does not burden the bus. This only applies if the customer announces several pieces of checked-in luggage and pays for them when purchasing a ticket. The passenger may also buy an additional checked-in luggage piece from the driver, if the vehicle has the required room.
Transporting bicycles on the buses is possible under the following conditions:
The vehicle must have a bicycle rack or enough space in the luggage compartment (personal luggage of the passengers has priority).
The bicycle must be packed in a suitable suitcase, bag or box.
The bicycle is not dirty and will not soil the rest of the luggage.
The bicycle can be safely mounted in a way that excludes the possibility to damage the rest of the luggage as well as the bicycle itself.
Bicycles must be in one of the standard sizes without accessories and should not weigh more than 25 kg. It is not possible to carry tandem bikes and tricycles.
The passenger must cover any damages that arise from the properties or the state of the luggage, unless the carrier could have and should have known about them.
The carrier undertakes to hand over the checked-in luggage on the destination as soon as the transfer is complete. The carrier is not obliged to check whether the passenger has the right to take this particular piece of luggage
If for whatever reason the passenger cannot take the checked-in luggage after the vehicle comes to the destination, the carrier must save it for up to 30 says on a safe location at the expense and risk of the buyer or hand it over to another storage company, while taking full responsibility for their services. The lost and found items are handled according to the provisions for handling lost and found items.
The passenger must not carry take the following things to the bus or include them in his/hers checked-in or carry-on luggage:
Flammable, explosive, radioactive, corrosive, infectious, poisonous and other substances whose properties represent a special danger for the passengers, driver, vehicle or its surroundings (such as poisons, corrosive materials, acids, magnets and substances that contain viruses and bacteria).
Items whose transfer is forbidden by the legislation or by the provisions of the disorderly conduct act, items that are heavier than 20 kg and whose dimensions are larger than 80 x 50 x 30 cm.
Other items that are not properly packed or protected, so they get damaged during the transfer or damage the things and objects of the remaining passengers as well as items that are forbidden by law and are not supposed to be in your possession (weapons, drugs and other psycho active ingredients).
The carrier may accept technical devices, breakable and sensitive things for transfer as luggage, but this is carried out at the liability for the passenger with the warning that the carrier is not responsible for any of the potential failures or damages. While the passenger or customer check-in the listed things, they must notify the staff that enters these details into a handover receipt for the passenger luggage. The carrier will not accept checked-in luggage if it contains high value items (jewelry, valuable securities or other valuable commodities). The passenger must carry his/her valuables in the carry-on luggage.
The carrier is liable for any damage caused by the loss, theft or damage of the checked-in passenger luggage according to the applicable legislation that governs responsibilities during cargo transfer. The carrier will be responsible for any loss, theft or other damages of the carry-on luggage ff the passenger can prove this is the carrier’s fault. If the loss or damage occurred in circumstances that caused the death, health deterioration or injury of a passenger, the responsibility for the hand luggage falls onto the carrier unless they can prove that the damage was caused because of the actions of the passengers or because of force majeure.
The carrier takes no responsibility when the losses or damages of the checked-in luggage are directly or indirectly caused by the actions of the passenger.
The carrier is liable for any damage that arises from the delays in handing over the checked luggage in accordance with the articles of these General terms and conditions that cover the responsibility of the carrier for the damage that arises from delays in transporting passengers.
If the checked-in luggage is not handed over within 7 days after the transfer is completed, it is considered lost. If the carrier declares that the checked-in luggage is lost before the deadline in the first paragraph of this article, it is considered lost from the date that the carrier declared it as lost.
The carrier is not responsible for any damage that occurs because of lost or damaged luggage if the passenger does not report it to the staff immediately after the transfer was over or during the handover of the checked bags. If the damage on the luggage is caused by a traffic accident or other reasons prevented the passenger to give out their objection within the stated deadline, the passenger must state their objection as soon as possible – 30 days from the day that this journey should have ended at the latest.
4. LOST AND FOUND ITEMS
Lost and find items are items that the passengers lose or forget in the buses.
The staff must check the bus after all the passengers leave it at their final destination. Found items should be handed over to the suitable department of the carrier and noted in the lost and found archives in accordance with the currently valid instructions. The rightful claimant receives the lost item based on their proven identity and if it is determined that he/she is entitled to the lost item (stating the transfer location, description of the item and other circumstances that enables him to prove the ownership). The recipient of the found item must confirm the receipt by entering their signature in the lost and found archives.
The obligation from the previous paragraph of this article is valid also for other employees of the carrier if they take over the found item at bus stations, cleaning facilities or other carrier facilities.
If a wallet containing money and (or) personal documents is found, the carrier must immediately hand it over to the nearest police station after 24 hours at the latest. If the found items enable identification of the owner and his/her address, the owner should be notified about the found item in writing.
If any banned substances and objects are found, the carrier will immediately hand them over to the closest police station (weapons, drugs etc.).
If the carrier was unable to hand over the found items to the claimant, he/she should store the found items in the following way:
Found items of higher value are stored for 30 days after which they are handed over to the police station in writing or are simply removed.
The carrier stores found items of significant value up to 30 days after the day they were found. After this period passes, useful items can be offered to humanitarian organizations or they can be thrown away.
Quickly perishable items are not stored, but are regularly removed.
4. TRANSFER OF CHILDREN
A child is a person under 2 years of age. If at least one of the passengers is a child or baby, the carrier will guarantee a suitable number and size of child seats according to the number and ages of the children which you marked while buying a transfer ticket. If the customer does not mark the number of children while buying the ticket or the customer buys the ticket on the bus, the carrier is not obliged to transport the child or their guardian. The carrier is not liable for any damages that might affect the customer/passenger in such cases.
5. TRANSPORT OF ANIMALS
Unless otherwise stated in these General terms and conditions, the vehicles of the carrier should not be used to transport live animals. Exceptions:
Police dogs and mountain rescue dogs, accompanied by their handler. The transfer of police dogs and mountain rescue dogs is charged as if they were another person.
Guide dogs for the blind and other assistance dogs for the disabled. Guide dogs for the blind and other assistance dogs do not need a muzzle to enter the vehicle and the carrier transfers them for free. Guide dogs for the blind and other assistance dogs for the disabled must be clearly marked (with a harness or a badge on the collar).
The dog is accepted only if the passenger takes full responsibility for it and guarantees that it meets all the conditions that veterinary rules determine for non-commercial transfer (entrance into public places and public transport).
Irrespective of the provision of the preceding paragraph smaller animals (including dogs) may be transported as hand luggage in appropriate carriers (cages), at the full responsibility of the passenger who must ensure that the animals do not hinder or cause distress to other passengers. Dangerous or venomous animals may not be transported. Animals are not permitted to move freely within the vehicle or untidy the vehicle.
The transport of animals from the 1st paragraph shall be facilitated only in cases when the handler assumes the full responsibility for the dog and guarantees that the dog meets all conditions defined in valid veterinary regulation for non-commercial carriage (access to public spaces and public transport vehicles).
If the vehicle is booked to capacity, animals are not transported by the carrier.
The transport of smaller animals carried on board as hand luggage is free of charge.
The carrier ensures transport and help to people with disabilities or reduced mobility in accordance with the annex 1 and 2 of the Regulation according to the capabilities of the carrier.
If the person with disabilities or reduced mobility needs an escort, the transfer of such an escort will be free of charge. The transfer of guide dogs for the blind and other assistance dogs is free in accordance with provision in point 2 of the first paragraph in Article 57 of these General terms and conditions.
To ensure the ability to transport persons with disabilities and reduced mobility along with their escort, the carrier must be notified in advanced using the email address: firstname.lastname@example.org or calling the phone number: +386 1 431 7777 at least 36 hours before the predicted transfer date.
The carrier cannot influence the infrastructure and the possibilities of entrance and exit of persons with disabilities or reduced mobility at bus stations or terminals, and therefore cannot take the responsibilities of the people who are responsible for the bus stops or terminals.
The carrier may reject the transfer reservation, issuing of the ticket or deny entry to the person with disabilities or reduced mobility if this is required to comply with the safety requirements in accordance with the international law, legislation of the EU or national legislation to achieve the medical or safety demands by the competent authorities or if the design of the vehicle or the connected infrastructure cannot physically guarantee safe and operational entry, exit or transfer of the person with disability or reduced ability. The carrier immediately notifies the passengers regarding alternative transport possibilities on their lines.
If the person with disabilities or reduced mobility has a valid reservation or ticket, yet their transfer is not possible, they can:
Demand a refund and if possible a free transfer to the outgoing location as is determined in the contract.
Continue the transfer or redirection in a reasonable replacement vehicle to the destination that is agreed by the transfer agreement unless such transfer is not feasible.
Persons with disabilities or reduced mobility have the right to the free transfer of their wheelchair, other movement assistant equipment or medical devices.
7. TRANSFER INVOLVING MULTIPLE CARRIERS
During transfer that involves multiple carriers, the carrier who entered into the contract, the carrier in whose part the loss or damage occurred and the last carrier (sequential carrier) bear inseparable liability for the lost or damaged items and luggage or any delays in transfer .
If it cannot be determined, in which part the loss or damage occurred, all the carriers are inseparably liable for the damage. If the carrier uses a subcontractor for the part of the transfer, the carrier itself is liable for any damages that arise from the transfer.
For damages that arise from the death, health impairment or injuries to the passenger and damages that arise from delays in the transfer are shared between the carrier who concluded the transfer contract and the carrier in whose part the death, health impairment, injury of the passenger or delay occurred.
The carrier that covers the damages to the customer has the right of recourse towards the other carriers who share the inseparable liability. If it is not possible to determine the amount of the damages that occurred on individual sections, each carrier is liable in accordance with their share of the transfer fee.
The claimant may claim damages from the written contract by sending a written complaint in accordance with the provisions of the Regulation which is sent to the carriers email address: email@example.com within three (3) months from the completion of the transfer or from the date that the transfer should have been completed.
The carrier will address the validity of the claim and notify the passenger within one month and provide a final resolution of the claim within three months.
9. STATUE OF LIMITATION FOR CLAIMS
The statue of limitation for claims from the contract for transferring items or luggage is one year. The statue of limitation from paragraph one of this article starts from:
For claims of damages of items or luggage, from the day the carrier handed over the item or luggage.
For claims for loss of items or luggage, from the day that the item is considered lost in accordance with these terms of transport.
The statue of limitations for claims that arise from the death, health impairment or injury to the passenger is two years. The statue of limitations that arises from the health impairment or injury of the passenger start from the end of the journey, while the statue of limitations in connection to the death of the passenger starts from the day of their death.
The statue of limitations stops after the carrier receives a claim in writing. It begins again from the day that the claimant receives the written answer to the claim.
Later complaints, connected to the same issue do not stop the statue of limitations. The statue of limitations can not continue before 8 days have passed from the day the answer to the complaint is received.
10. BUSINESS SECRET
The carrier will treat all data and information from the concluded contracts or in relation to the concluded contacts as a business secret. This provision will not be used for data which must be forwarded to authorities according to the applicable legislation.
11. PERSONAL DATA PROTECTION AND USE
Personal and other data of customers/passengers that the carrier receives in relation with international transfers and these general terms and conditions is considered data that is required to achieve a contractual or legal purpose.
The carrier will keep and store all the personal data of the customer/passenger in accordance to the valid legislation connected to the protection of personal data.
12. FINAL PROVISIONS
The transfer agrement, based on these General terms and conditions, is formulated and will be judged according to the legislation in the country of the carriers headquarters. The United Nations Convention on Contracts for the International Sale of Goods (CISG from 11. April 1980) is not used for the transfer agreement.
The parties will strive to mutually resolve any disagreements.
If this is not possible, the parties agree that the local court at the headquarters of the career has jurisdiction in case of any legal action.
If multiple carriers were involved in transferring the passenger, the passenger/customer or other justified party can only pursue legal action against the carrier that was used when the claim had arisen, unless the first carrier explicitly claims responsibility for the entire transfer.
If there is any conflict/differences between different language versions of the General terms and conditions of the carrier, the Slovenian language version will prevail.
The carrier reserves the right to change or modify these General terms and conditions at any time and publish them at www.nomago.si.
These general terms and conditions of transfer are valid from 20.5.2019. They are published at https://nomago.si and at the sales locations of the carrier.
NOMAGO, storitve mobilnosti in potovanj, d.o.o.
mag. Sandi Brataševec, CEO
Marjan Beltram, Executive director for tourism and mobility services
Miha Tavčar, Executive finance director