- General provisions
- These Regulations specify the types, scope and principles of Service provision by the Operator via the Website, including the technical requirements necessary for cooperation with the ICT system used by the Operator, and the complaint procedure, the principles of intermediation in conclusion by the Operator of Transport Agreements in the scope of purchasing Tickets and conclusion of Transport Agreements with the Carriers via the Website, as well as the rules of withdrawal from those Transport Agreements (reimbursement of Tickets) and other issues regarding the above-mentioned Transport Agreements, clearly regulated in the Website.
- The following capitalised terms used in these ‘Terms and Conditions’ mean:
- Operator the company under the business name of: www.busfor.pl Spółka z ograniczoną odpowiedzialnością with its registered office at: ul. Staromiejska 6/10d, 40-013 Katowice, entered in the register of entrepreneurs of the National Court Register at KRS No. 0000616444, the registry records of which are maintained by the District Court Katowice-Wschód in Katowice, VIII Commercial Division of the National Court Register, tax identification (NIP) No.: 9542765034, state statistical (REGON) No.: 364357119, phone No.: +48 (22) 307 7104email address: email@example.com firstname.lastname@example.org (for contacting regarding the matters specified in detail herein) with the share capital of PLN 15,000.00 (paid-up in full);
- Website - means jointly: Operator’s website available at: www.busfor.pl(the websites operated within the www.busfor.pl domain) and Operator’s mobile app called Busfor - Coach Tickets;
- Regulations - this document;
- Customer - every antity using the Website (i.e. every person browsing the Contents made available at the Website, in particular every entity with whom a Transport Agreement may be concluded under the law and the Website regulations) as well as every entity, the data of of whom is provided in the Website for the purposes of purchasing a Ticket;
- Carrier - the entity providing transportation services, with whom the Operator has concluded an agency agreement for sale of tickets via the Website, and thus with whom the Customer concludes the Transport Agreement;
- Transport Agreement - the agreement for transportation by bus or another, similar means of transportation, concluded by the Customer with the Carrier via the Website, the confirmation of conclusion of which is a Ticket;
- Contents - the contents published at the Website by the Operator in any form including, in particular, graphic, text, audio, audiovisual, photographic contents, protected by trademarks, whether or not they constitute the works or subject of derivative rights as defined in applicable provisions of law;
- Services - the electronic services provided by the Operator, in particular the services consisting in providing access to the Contents on the Website, including a search engine for bus connections offered by the Carriers, as well as consisting in provision of the services specified on the Website, including in booking the Tickets for the time specified in the Website, providing: the possibility to purchase Tickets, download the purchased Tickets, return the Tickets, check information on the trips, send opinions on trips, as well as other services provided via the Website;
- Ticket - personal document confirming conclusion of the Transport Agreement with a specific Carrier via the Website, authorizing to use a bus or another, similar means of transportation of the Carrier, as per the instructions included on the given Ticket;
- My Account Customer’s Account - the account opened and maintained for the Customer within the Website by the Operator, allowing the Customer to use the functionalities specified in the Regulations;
- Carrier’s Regulations - means jointly:
- the regulations of the given Carrier with the rules and conditions of selling that Carrier’s Tickets, as well as the rights and obligations of the Carrier and of the Customer with regard to conclusion and performance of a Transport Agreement;
- the tariffs, price lists and other transportation provisions applied by the given Carrier.
- a computer or mobile device with Internet access, with the minimum screen resolution: 1024x768;
- in the case of apps - a mobile device with the operating system: Android 4.0.3 or higher or iOS version 9.0.4 or higher;
- a keyboard or another pointing device (allowing to enter text and mark the respective fields), allowing to fill the forms in correctly;
- an active e-mail account;
- an active cell phone number;
- access to a printer (in order to print a Ticket). (Does not apply to the situations when the Customer wants to use the so-called mobile ticket - based on the information published in the Website it is possible in the case of a specific Ticket purchased by the Customer. In such a case, the Customer must hold a device meeting the specification described above for the purposes of displaying the mobile Ticket for inspection purposes, without the need to print it);
- a program handling PDF files - in the case of using the so-called mobile ticket, referred to in point 7) above.
- Notwithstanding section 3 above, the Operator indicates that it will endeavor to make the operation of the Website possible for users of all the popular browsers, operating systems, terminal devices and types of online connections. However, the Operator may not guarantee that every combination of the above-mentioned elements will allow to use the Website at any time.
- The Operator would like to inform that using electronic services may be associated with a risk for every user of the Internet, consisting in the possibility that malware will be introduced to Customer’s ICT system and that its data will be obtained or modified by unauthorized persons.
In order to avoid the risk of those threats, the Customer should apply proper technical measures to minimize them, in particular antivirus software and a firewall.
- The Operator will endeavor to ensure correct and continuous functioning of the Website. However, the Operator may not guarantee that the operation of the Website will be without disruption or interruption. Disruptions and interruptions may be of interim character and may result in the need, on the part of the Operator, to perform repairs, maintenance works, expansion or modification of the Website, or may result from the causes independent of the Operator. The Operator will endeavor to perform all of the above-mentioned activities so as to affect the functioning of the Website to the smallest degree possible.
- The Operator will not be liable for failure to perform or improper performance of Transport Agreements by the Carriers, and such liability towards the Customers will be borne by the Carriers being the parties to the Transport Agreements concluded with the Customers. The Carriers will be solely responsible for performing the Transport Agreements. For the purposes of the concluded Transport Agreements, the Operator will intermediate solely in the scope specified in the Regulations, i.e. in the procedure of concluding those Transport Agreements on behalf and for the Carriers, of taking payments for the Tickets, reimbursing for the Tickets in the cases specified herein, taking declarations on withdrawal from the Transport Agreement, providing Customers with Tickets, as well as others, clearly specified herein.
- Carrier Regulations are available from the Carriers, including on their websites. The Operator will make the extracts from those Carrier Regulations, received from the Carriers, available at the Website, in the scope of returning Tickets. Additionally, if the Operator receives Carrier Regulations from the Carriers, it will make them available at the Website. If the Customer may not obtain Carrier Regulations on its own, the Customer may ask the Operator to assist in providing it - the Operator will then send a suitable request to the Carrier. Any and all the information on the Carrier Regulations, published on the Website, including itineraries and extracts from their price lists and tariffs, originate from the Carriers. The Operator will make every effort, within its capacities, to make that information complete and up-to-date, but does not influence the Carriers in that scope. Therefore, the Operator only provides the information provided to it by the Carriers, for the purposes of intermediation in the conclusion of Transport Agreements between the Carriers and the Customers.
- If the Operator has received information from the Carrier on the changes which are to occur on account of a Transport Agreement that has been concluded via the Website, in particular regarding a delay or cancellation of a connection, it will endeavor to immediately provide that information to the respective Customers, to their phone numbers stated when purchasing the Tickets.
- The Customer is obliged to present the following to the persons inspecting the documents:
- The Ticket:
- in the case of holding a traditional ticket - the valid, legibly printed Ticket;
- in the case of holding a mobile ticket on an electronic device - the electronic Ticket on the electronic device, so as to allow scanning the Ticket verification code;
- a valid photo ID confirming the identity of the Customer, meeting the requirements of the given Carrier;
- in the case of using a discounted Ticket (if the given Carrier has allowed such tickets) - a valid document confirming the Customer’s right to discount, meeting the requirements of the given Carrier.
- Notwithstanding the documents indicated in section 10, in the case of a Transport Agreement performed on an international route, the Customer will be additionally required to hold the documents allowing it to take that trip in the light of the requirements of the respective states within the above-mentioned route.
2. General principles of using the Website, the Services, including the My Services Customer Account
- The Website may be used solely by the persons aged 16 or more. In the case of the intention to purchase Tickets for the persons that are less than 16, any and all the activities on their behalf must be performed by their caretakers or by the persons exercising parental authority over them.
- The Customers who purchase Tickets for other Customers:
- in the cases of other Customers aged less than 16 - must be their caretakers or persons exercising parental authority over them, or properly authorized by such caretakers or such persons to perform the acts on their behalf. In the case of not having the status indicated in the previous sentence, the Customer will not be entitled to make any acts in the Website on behalf of such other Customer aged less than 16;
- Customers are obliged to state their true, complete and valid data on the Website. Additionally, the Customers are obliged to inform the Operator of changes in the data provided to it, including in the e-mail address and phone number, via their My Account Customer’s Account (in the place dedicated for that purpose in the given account).
- Via the Website, the Operator provides the following electronic Services:
- The services of intermediating as the agent of the Carriers in conclusion of the Transport Agreements between the Customers and the Carriers, as well as performing other acts clearly indicated in the Regulations, related to those Transport Agreements, whereas:
- The intermediation service consists in presenting the Customers, in the search engine, with the connections offered by the Carriers and allowing them, via the form available on the Website, to conclude a Transport Agreement with the Carriers selected by them for the specific connections selected by the Customers;
- The Customer may resign from that Service at any time, by ceasing to use the connection search engine;
- On account of provision of that Service by the Customer, the Operator will not collect any fees from the Customer, except for the service (transaction) fee, in the case of specific connections indicated in the Website, and in the amount indicated in the Website, and that information will be visible for the Customer before it purchases the Ticket. For the avoidance of doubt, the fee indicated in the previous sentence will be due solely if the Customer purchases a Ticket via the Website and is not due in other cases, including in the case of browsing the contents of the Website without purchasing a Ticket.
- The service of maintaining My Account Customer’s Account, whereas:
- That service consists in opening and maintaining, by the Operator, of an account for the Customer, covering collection and provision, to the Customer, of data of the Customer, in the Operator’s ICT system, regarding its activities within the Website, including the history of the purchased Tickets. That account allows to perform the acts, specified in the Regulations, regarding the Tickets, including purchasing a Ticket booked in accordance with § 3 section 2, checking the route, downloading a Ticket, as well as using other, potential functionalities provided for that Account;
- A My Account Customer’s Account is opened automatically, without the need for the Customer to undergo a separate registration procedure, after stating all the data in the form for the purpose of purchasing a Ticket and clicking on the suitable button;
- The Customer will be granted access to the My Account Customer’s Account after entering its phone number in the proper field, and then, in the next dedicated field - the verification code sent by the Operator to that phone number.
- At any time, the Customer may submit a request to cease providing the Service of maintaining the My Account Customer’s Account - to delete the My Account Customer’s Account - to Operator’s email address: email@example.com. The My Account Customer’s Account will be deleted by the Operator immediately after the Customer submits a suitable request.
- the above Service will not result in any financial liabilities for the Customer.
- Sending commercial information by e-mail (so-called newsletter), whereas:
- the service of sending the so-called newsletter consists the Operator sending, to the email address indicated by the Buyer, of commercial information as defined in the Act on Electronic Services of 18 July 2002, i.e. designed to directly or indirectly promote the goods, services or image of the Operator including, in particular, to inform of products, services, promotions and special offers.
- The newsletter service may be used by any Customer who consents to receiving the above-mentioned commercial information and sends that consent to the Operator, and such a consent may be expressed and sent at the stage of purchasing the Ticket, as well as in any other manner provided by the Operator for that purpose. Upon expressing and sending the consent indicated in the previous sentence, an agreement for the electronic service of sending the so-called newsletter, is concluded.
- The Customer may resign from receiving the newsletter at any time by cancelling the subscription, including by using the link included in each email sent within the newsletter service, or by submitting a request by email to the Operator’s address: firstname.lastname@example.org. After submitting the request to resign from receiving the newsletter, the Operator will immediately cease to send the newsletter;
- the above Service will not result in any financial liabilities for the Customer.
- The services, referred to in section 4 above, are provided 7 days a week, 24 hours a day,
with the reservation of the so-called newsletter which is sent on the dates specified by the Operator and of the potential interruptions, referred to in § 1 section 6 hereof. The agreements for provision of the above-mentioned services are concluded for an unspecified period of time and will not result in any financial liabilities for the Customer.
3. Purchasing a ticket via the Website, concluding a Transport Agreement and issuing an invoice
- The Customer may purchase a Ticket via the Website (perform a transaction) in the following manner:
- In the connection search engine available at the Website, the Customer should enter the data on the given connection, such as: city of departure, city of arrival, date of departure, date of arrival (to the city of arrival), number of passengers;
- The proposed connections resulting from Customer’s query should be used by the Customer to choose the one, for which it wants to purchase a Ticket, and state all the required data concerning itself and other travelers, specified in the order form (obligatory data);
- The Customer must state its phone number and email address (obligatory data);
- The Customer may consent to receiving commercial information by email to the stated email address (the consent is completely voluntary and is not required for the purposes of purchasing a Ticket);
- The payment website will indicate the amount to be paid, split into the fee for the Ticket and the service (transaction) fee, if such a service (transaction) fee applies in the given transaction.
- The Customer must make the payment, referred to in more detail in section 3 below, in accordance with the instructions included on the Website, and then on the website of the operator processing the payment.
- After making the payment, the Customer will receive, to the email address stated by it, an email confirming purchase of the Ticket, the Ticket and the route, as well as a link allowing to return the Ticket.
- The payment must be made no later than within the time limit indicated in the Website, after clicking the correct button ending the procedure of filling in the Ticket purchase form. It is the period for which a Ticket is booked, and within which the payment has to be made. If the Operator does not receive the payment confirmation within the above-mentioned time limit from the payment operator, the booking will expire and the Ticket purchase transaction will be cancelled automatically.
- The payment may be made by the Customer using a payment card, a wire transfer or using another means of payment upon the rules specified in the payment operator’s regulations being the entity providing payment services as defined in the Act on Payment Services of 19 August 2011. The above-mentioned regulations are provided at the website of the payment operator, to which the Customer is forwarded for the purposes of paying for the Ticket, and which have to be accepted if it wants to make the payment.
- Within one transaction and payment, the Customer may purchase Tickets for no more than ten (10) persons. For the purposes of purchasing several Tickets within one transaction and payment, the data of all the persons who are going to travel under that Ticket, has to be stated.
- It is possible to resign from purchasing a Ticket before the Customer makes the payment. After making the payment, the Customer may return the Ticket upon the rules specified in § 4 hereof.
- The conclusion of a Transport Agreement between a Carrier and a Customer takes place upon receipt by the Operator of confirmation of the payment made by the Customer, from the operator. Upon receipt of the above-mentioned confirmation, the Operator will immediately send the email indicated in section 1 point 9) above.
- While concluding a Transport Agreement with Carriers for the connections which are to be executed consecutively, within a route planned by the Customer, the Customer should plan sufficient time between the planned connections for transfer purposes. The Operator recommends that the time of interruption between domestic connections be at least 4 hours, and between international connections - at least 8 hours.
- A Ticket confirms conclusion of a Transport Agreement. The Ticket will be made available to the Customer in an email indicated in section 1 point 9) below and in the My Account Customer’s Account, and may be downloaded by the Customer from those places and printed out. In the case of the Tickets provided in the My Account Customer’s Account, it is possible to download them solely until the departure of the means of transportation in accordance with the time indicated on the Ticket.
- A Ticket is not an invoice. The Customer who would like to receive an invoice:
- on account of the services provided by the Carrier under the Transport Agreement, i.e. on account of the price paid for the Ticket - should submit a suitable request directly to the Carrier.
The Operator would like to inform that it is not basically authorized to issue invoices on behalf of the Carriers and that it is not obliged to do so.
Basically, the Operator may only forward the request submitted regarding issuance of an invoice for a Ticket to the Carrier.
Few Carriers authorize the Operator to issue invoices on their behalf.
Additionally, the Operator indicates that in the light of the laws of the countries of certain Carriers (e.g. Ukraine), the Carriers are not obliged to issue invoices on account of the concluded Transport Agreements, and thus that they do not issue such invoices.
- on account of the service (transaction) fee collected by the Operator for purchasing the Ticket - it should submit a proper request to the Operator to the following email address: email@example.com
Such a request must be submitted no later than within 3 months of the end of the month, in which the Ticket, on account of which the service (transaction) fee was collected, was sold via the Website.
The request for issuing an invoice, submitted by a Customer, must include the data necessary for issuing one, and if that data is not provided, the Operator will ask the Customer to supplement it.
The invoices for paying the transaction fee are issued by the Operator in electronic form and sent in the form of a PDF file to the email address indicated by the Customer.
By accepting these Regulations, the Customer consents for the Operator to issue and send invoices, corrective invoices and duplicates of those documents in electronic form, to the email address stated by the Customer.
4. Ticket Return
- It is possible to return the Ticket, i.e. withdraw from the Transport Agreement concluded with a Carrier, upon the rules specified by the Carrier, with whom the Customer has concluded the Transport Agreement, within the time limit specified by the Carrier. The Operator will provide the information indicated in the previous sentence in the form of an extract from Carrier’s Regulations at the stage at which the Customer purchases a Ticket. Return of the Ticket (withdrawal from the Agreement) may require deduction of part of the receivables (so-called compensation fee described in section 5 below) with the reservation of the exceptions, in which such deduction is not allowed under provisions of applicable law and taking into account the Operator’s right to keep the service (transaction) fee under sections 7 and 8 below.
- A Ticket purchased via the Website may be returned via the Website:
- using the My Account Customer’s Account - by pressing the suitable button for return at the Ticket that the Customer wants to return, after stating the cause of return and confirming the return by pressing the suitable button;
- using the link sent in an email received from the Operator directly after purchasing the Ticket, together with the Ticket - by clicking that link, then by pressing the suitable button for return, at the website to which it has been forwarded) at the Ticket the Customer wants to return), after stating the cause of return and confirming the return by pressing the suitable button.
- The Website allows to return one or several Tickets purchased simultaneously, within one transaction and payment.
- Subject to the provisions of sections 7 and 8 below, reimbursement of the price paid for the Ticket and of the transaction fee will be made to the bank account from which the receivables were paid. The reimbursement of receivables will be made in the amount specified in the Website, including taking into account the compensation fee indicated in the Website, within 7 working days of the date of returning the Ticket
- If the Customer has requested the Carrier or Operator to issue an invoice, reimbursement of the receivables paid will be made after the Customer acknowledges receipt of a suitable corrective invoice(s).
- The amount of the compensation fee includes a certain percentage rate of the Ticket price (stated under section 1 above at the stage of purchasing the Tickets), plus the amount of the so-called handling fee (not exceeding 20% of the Ticket price). The Customer will be informed what amount it will receive in the case of returning the Ticket for reasons other than indicated in section 7 and 8 below, at the stage of purchasing the Ticket, in the following manner: the Operator will indicate the specific amount to be reimbursed (being the price of the Ticket minus the amount of the compenastion fee, taking into account the service fee).
- In hte case of returning a Ticket for reasons independent of the Operator or the Carrier, the service (transaction) fee which was collected by the Operator, will not be reimbursed, subject to section 8 below.
- In the cases not specified above, if the receivables are due for reimbursement under mandatory provisions of the law, the reimbursement will be made in the amount resulting from those provisions. In the case indicated in the previous sentence, if the provisions of the law state that the transaction (service) fee has to be reimbursed, it will also be reimbursed.
- The requests for return of a Ticket in accordance with the above sections will be reviewed by the Operator within 10 days of the date of submission thereof, under the rules specified in this section.
5. Complaints for the Services Provided under a Transport Agreement
- Any and all the complaints regarding the Transport Agreement should be submitted by the Customer to the Carrier with whom it has concluded the Transport Agreement.
- The Operator will not be entitled to review the complaints indicated in section 1 above on behalf of the Carrier, and only to forward them to the Carrier so that they be reviewed by the Carrier.
6. Complaints for Services
- The Operator will review the complaints regarding Services.
- The Customer may submit a complaint indicated in section 1 above in writing, to Operator’s address, i.e. Busfor.pl Spółka z ograniczoną odpowiedzialnością, ul. Staromiejska 6/10d, 40-013 Katowice.
- The complaint must include:
- Client’s full name;
- address for correspondence, to which the response to the complaint is to be sent;
- description of the reported reservations and date of occurrence/discovery of reported irregularities (reservations);
- the number of the Ticket associated with the complaint (if the complaint is associated with a Ticket or with a Transport Agreement associated with it, but subject to the provisions of § 5 of the Regulations);
- Customer’s request.
- If the data stated in the complaint has to be supplemented, in particular if the complaint fails to meet the requirements indicated in section 3 above, the Operator, before reviewing it, will immediately ask the Customer to supplement it in the scope necessary for the purposes of the review.
- The Operator will review the complaint within 30 days of receipt.
- The response to the complaint will be sent by the Operator to the address for correspondence indicated in the complaint.
- Failing to submit a complaint, submitting a complaint upon expiry of the time limit, declining a complaint, failing to accept the complaint, lack of response to a complaint and other, similar events, will in no way exclude the possibility for the Customers to pursue claims upon the principles specified in mandatory provisions of law.
7. Personal Data, Cookies and Local Storage
8. Rights to the Website and Prohibited Acts
- Subject to section 2 below, any and all the rights to the Website, including its structure, layout, homepage, pages, graphic design and its respective elements, in particular the Contents, including any and all the trademarks, are vested with the Operator or are exercised by it with the consent of the third parties entitled to grant suitable authorizations. The rights indicated in the previous sentence include, in particular, property copyrights and intellectual property rights, including to trademarks
- The fact that the Operator provides Contents in the Website and allows access to it, does not mean that any persons are granted rights to the Contents including, in particular, it is prohibited to copy, modify the Contents, market them, allow other persons to use them or lease them or copies thereof, to publically exhibit them, display, play or emit and reemit, or to make the Contents publically available so that anyone has access to it at the time and in the place chosen by them, without the express consent of the Operator.
- Section 2 above does not exclude the possibility to use the Contents in the cases when such use, under mandatory provisions of applicable law, does not require the consent of the entitled entity.
- It is prohibited for the Customers to deliver any contents of illegal character via the Website.
- It is prohibited for the Customers to use the Website, including the Contents, in violation of the law, the rules of social coexistence, good practices or in violation of third party interests, in particular it is prohibited:
- for the Customer to state incorrect data or the data violating third party rights;
- to use the Website to violate the rights of third parties or of the Operator;
- to deliver and transfer the contents prohibited under applicable law;
- to use the Website in the manner that violates the functioning thereof, in particular by using certain software or devices.
- The Operator is entitled to deprive the Customer of the right to use the Website, as well as to limit its access to some or all of the Website resources or functionalities with immediate effect if the Customer commits the violations described in sections 2, 4 or 5 above on the condition, however, of first requesting the Customer to cease the violations within the additional, suitable time limit of the Operator’s request.
9. Final Provisions
- The purpose of the provisions hereof is not to exclude or limit any rights of the Customers, being consumers as defined in the applicable provisions of law, vested with them under provisions of applicable law. In the case of the potential non-conformities between the provisions of these Regulations and the provisions indicated in the previous sentence, those provisions will prevail, and in the case of such a non-conformity the Operator declares that it will completely follow and apply proper provisions of the law instead of the provision hereof that is inconsistent with that provision.
- The Operator makes the Regulations available on the Website free of charge, and the Customer may record the contents hereof by downloading it, saving it (on a durable medium) or printing it from the Website at any time.
- The potential disputes resulting from provision of the Services by the Operator, between the Operator and the Customer not being a consumer as defined in the applicable provisions of law, will be resolved by the court with jurisdiction for the registered office of the Operator.
- The Operator reserves the right to amend the Regulations for important technical, legal or organizational reasons, in particular a change in applicable provisions of law, a final and valid court judgement, force majeure. An amendment to the Regulations will take effect upon expiry of the time limit indicated by the Operator, not shorter than 14 days of the moment of making the amended Regulations available on the Website. Amendments to the Regulations will not violate the acquired rights of the Customers. The Transport Agreements concluded before the amendments hereto take effect will be performed based on the rules in effect upon conclusion thereof (unless the provisions of applicable law require to apply the new rules to such Transport Agreements). Upon each amendment hereto, the Customer will have to accept the new wording hereof upon purchasing a Ticket after the effective date of the amended Regulations.
- The Regulations apply from 5 May 2019.