General conditions for the transport of passengers, luggage and objects
PROMET Makarska d.o.o. • Stjepana Ivičevića 60 • 21 300 MAKARSKA • OIB:33441364556
On the basis of Article 4 paragraph 1 t. 31 and Article 32 paragraph 6 of the Road Transport Act (“Narodne Novine” 41/18 and 98/19) PROMET Makarska d.o.o., Stjepana Ivičevića 60, Makarska, brings
GENERAL CONDITIONS
for the transport of passengers, luggage and objects in public road transport of passengers
I GENERAL PROVISIONS
Article 1.
The carrier is Promet Makarska d.o.o. (hereinafter Promet), Stjepana Ivičevića 60, 21 300 Makarska.
A passenger is a person transported by the carrier for a fee.
Internal road transport is transport on the territory of the Republic of Croatia.
Transport within the European Union is transport between two or more member states of the European Union (hereinafter: EU), including the Swiss Confederation.
International scheduled transport is the transport of passengers between EU member states and non-EU countries.
A vehicle is a bus and a vehicle with at least nine seats, including the driver’s seat, which are intended exclusively for the transportation of passengers.
The bus ticket is the document with which the passenger exercises the right to transport with the carrier under the conditions established by these general conditions of transport.
Baggage ticket (luggage slip) is a document with which a passenger obtains the right to transport luggage.
A license is an act approving the activity of transporting passengers or cargo in road traffic, providing station services and performing agency work.
A transport permit is an act determined by the Law mentioned in the preamble of this document or an international agreement on the basis of which transport is carried out.
Article 2.
This act determines the mutual relations between the carrier and passengers who use the carrier’s services in public road transport and the conditions under which the carrier will provide transportation service to the passenger. The general conditions for the transport of passengers, luggage and objects (hereinafter: general conditions) are applied by the carrier according to the established prices for each line or each performed transport.
II CONTRACT OF CARRIAGE
Article 3.
By purchasing a bus ticket, the passenger has concluded a transport contract with the carrier.
The carrier undertakes to transport the passenger safely on the contracted route, using the means of transport specified in the contract of carriage and with conditions of comfort and hygiene that are considered necessary according to the type of means of transport and the distance.
The existence of a transport contract is proven by a bus ticket or a separate contract.
The transport contract is concluded between the carrier and the passenger or between the carrier and the transport orderer, in which case the transport orderer undertakes the obligation to pay the transport fee.
Article 4.
The bus ticket is issued to the bearer and, in addition to the name of the carrier, date, time of issue, route for which it is issued and prices, contains the date and time of the start of the transport.
A bus ticket in international transport may be named, and in addition to the elements indicated in paragraph 1 of this article, it may have the name and surname of the passenger indicated.
A registered bus ticket cannot be transferred to another person without the carrier’s consent.
A bus ticket that does not contain one of the elements indicated in paragraphs 1 and 2 of this article is invalid.
The bus ticket can be printed in paper or electronic form. If the bus ticket was purchased online, it must be presented to the bus staff on a mobile device or tablet, except in certain cases, in which the ticket must be printed separately, which is clearly indicated in the purchase process. In this case, the printed ticket must be presented to the bus staff. In this case, if the passenger does not present the printed ticket to the driver, he is obliged to buy a new ticket in the vehicle or leave the vehicle.
Article 5.
As a rule, the bus ticket is issued for a one-time trip and obligates the carrier for the day and time indicated on the ticket.
The passenger can also buy a return bus ticket. The return ticket enables the passenger to travel on the departure and return route on a pre-determined route, and obliges the carrier to carry out the transport for a specific date and time of departure as indicated on the same, and only for the departure transport, while the return transport can be realized until the validity period vegetable bus tickets with the obligatory purchase of a reservation.
Return bus tickets are valid for vehicles of the carrier or other carriers with whom it performs transportation together.
Article 6.
As an exception to Article 5 of these general terms and conditions, the passenger can purchase and become the owner of a demonstrative bus ticket, with a one-time fee according to the carrier’s valid price list. The demonstrative bus ticket is in the name of the owner and contains information about the owner of the ticket, the type of ticket and the route on which the user is traveling. The demonstration ticket is issued for a certain period of time, indicated on the demonstration ticket. The fee for the demonstration bus ticket coupon is determined by the carrier, depending on the category of persons using it (pupils, students, workers or pensioners), as well as the regime when it is used. Coupons for demonstration tickets are sold at the carrier’s points of sale. The month is counted according to the calendar from the first to the last of the month. In the event that the demonstrative bus ticket is damaged, lost, stolen, etc., the passenger will bear the fee for making a new demonstrative ticket.
bus tickets. In the case of loss of the demonstrative bus ticket, the owner is obliged to immediately report the loss to the point of sale where he bought it, in order to prevent possible misuse, and the carrier to cancel it in a timely manner.
Article 7.
Bus tickets are bought at organized points of sale (bus stations, bus stops, agencies, branches, etc.). As an exception to paragraph 1 of this article, a bus ticket can also be purchased in the vehicle in the event of:
- when the passenger boards the vehicle at the registered stop on the line operated by the carrier performs, and the sale of bus tickets is not organized on the same;
- if the passenger arrived before the departure of the vehicle, and the bus staff cannot direct him to buy a bus ticket at an organized point of sale, because there would be a delay in the departure line.
Article 8.
The passenger can reserve a seat on the bus at organized points of sale: by phone, e-mail or another convenient way, with the obligation to buy a bus ticket and reservation no later than 6 hours before the start of the journey in international scheduled transport, or 2 hours in domestic scheduled transport.
If the passenger does not buy a bus ticket or reservation within the period referred to in paragraph 1 of this article, the point of sale has the right to sell the reservation to another passenger, and the previous passenger loses the right to the reserved seat as well as the right to claim compensation from the carrier.
Article 9.
The reservation is not issued without a purchased bus ticket, except when the passenger has a return ticket, demonstration or preferential bus ticket. The seat reservation fee is charged according to the valid price list of the carrier, bus station or other authorized point of sale.
For lines up to 50 kilometers from the point of departure, the carrier will issue a reservation for the purchased bus ticket only at the passenger’s request. The seat reservation fee is charged according to the valid price list of the carrier or bus station, even in cases where the seats on certain lines are not numbered.
III. REFUND OF TRANSPORTATION FEE
Article 10.
The carrier undertakes to return to the passenger the transportation fee minus 10% for handling costs, if the passenger cancels the trip and that:
– in internal scheduled transport no later than 2 hours before the start of the journey
– in international scheduled transport no later than 6 hours before the start of the journey
– in occasional transport no later than 48 hours before the start of the trip.
The passenger from paragraph 1 of this article is not entitled to a refund of the money paid for the station service and reservation.
If the passenger requests a refund for the transportation of the unused part of the return ticket, before the validity of the return ticket, the carrier will refund the passenger the difference in the amount corresponding to the price of the return ticket minus the full price of the one-way ticket without commercial benefits and 10% handling costs .
If the passenger requests a refund for the transportation fee for the unused part of the return ticket, which includes an additional commercial benefit, by the validity period of the return ticket, the carrier will refund the passenger the difference in the amount of money corresponding to the price of the return ticket minus the price of the one-way ticket with the associated commercial privilege and 10% handling costs. If the passenger does not act in accordance with paragraphs 2 and 3 of this article, he loses the right to a refund of the transportation fee in full. The validity period of the return ticket is counted from the day the trip began.
When returning tickets purchased through Internet sales Promet Makarska d.o.o. on the page www.promet-makarska.hr, the return conditions from the General Conditions of Internet Sales of Promet Makarska d.o.o. apply, and this article 10 of the General Conditions for the Transport of Passengers, Luggage and Items does not apply to tickets purchased through the Internet sales of the carrier.
Article 11.
For a lost, damaged or destroyed bus ticket and a bus ticket that has been canceled after the time specified in Article 10 paragraph 1 of these general conditions, the transport fee is not refunded. A passenger who, through his own fault, traveled on a bus operated by a different carrier than the carrier for which he purchased the bus ticket does not have the right to a refund of the paid amount of the ticket value.
Article 12.
If a passenger buys a demonstration bus ticket for a certain period of time, he can request a refund from the carrier before the start of the validity period for which it was purchased.
Article 13.
The return of the transport fee is made at organized points of sale and in the premises of the carrier’s professional services, and only if the request for a return is submitted within the deadlines specified in Article 10, paragraph 1 of these general terms and conditions. The carrier’s bus staff cannot refund the transportation fee. The seller of bus tickets can issue a refund for the transportation fee on the condition that the bus ticket has been certified by an authorized person. To a passenger who bought a bus ticket and was prevented from traveling on a certain day or time, the carrier will allow the validity period of the bus ticket to be changed if the passenger requested it within the period referred to in Article 10, paragraph 1 of these general terms and conditions.
For bus tickets purchased in the vehicles of my carrier
a written request for a refund of the transportation fee must be submitted and sent to the address of the carrier Promet Makarska d.o.o., Stjepana Ivičevića 60, Makarska, with the obligation to attach the same bus ticket for which the refund is requested. A written request without attachments will not be processed. If the request for the refund of the transport fee is submitted in writing, then the refund is paid exclusively to the account specified on the same.
IV PASSENGER OBLIGATIONS
Article 14.
The passenger is obliged to check all the elements of the bus ticket at the time of receipt and immediately report any identified errors to the sales staff.
Article 15.
The passenger is obliged to ensure that he gets on the bus at the departure stop and that he gets off the bus at the final bus station or stop.
Passengers can get on or off the bus only at the bus station, i.e. at the stop specified in the timetable.
The passenger should take care to travel with the carrier marked on the ticket.
The passenger is obliged to make sure to arrive at the initial stop at least 10 minutes before departure. In case of passenger delay, the carrier has no obligations towards the passenger.
If there are short stays during the transportation due to using the toilet and/or refreshments, the passenger is obliged to return to the vehicle within the time specified for the stay.
The carrier is not obliged to detain the vehicle and wait for the passenger who does not respect the time specified for detaining the vehicle from the previous paragraph of this article.
If during the journey the passenger voluntarily terminates the journey by exiting the vehicle at transit bus stations/stops, he/she cannot claim a refund for the part of the transport not performed, nor can the bus ticket be used for another departure of the carrier on the route specified on the bus ticket.
The carrier completely removes responsibility for damage based on the passenger’s compensation claim, which arises as a result of the passenger’s omissions from paragraphs 5, 6 and 7 of this article.
Article 16.
The passenger is obliged to keep the bus ticket during the entire trip, i.e. until his final destination.
If a passenger loses or is left without a bus ticket in any way, he is obliged to pay the bus staff or controller for a new bus ticket. When the driver inspects and collects the bus tickets, he is obliged to check whether all passengers have the appropriate bus ticket.
If the controller finds a passenger without a bus ticket, he will be charged a fine of HRK 100 and the full price of the bus ticket for the route he is traveling on.
A passenger who refuses to pay the fine and the full price of the bus ticket due to not having the appropriate bus ticket is excluded from the trip.
Article 17
The carrier may not refuse to accept a reservation, issue or otherwise provide a ticket or board a person on the basis of disability or reduced mobility except in the following cases:
– to meet valid security requirements under international, Union or national law, or to meet health and safety requirements set by competent authorities;
– if the construction of vehicles or infrastructure, including bus stops and stations, physically prevents safe and operationally feasible entry, exit or transportation of a disabled person or a person with reduced mobility.
Article 18.
During the journey, the bus staff and controller can exclude passengers from the journey:
– if it disturbs order and peace on the bus
– if it endangers traffic safety
– if it interferes with the work of the bus staff
– if it interferes with the operation of the controller
– if he behaves rudely towards passengers or bus staff,
At the same time when the passenger is excluded from the trip, the bus staff also hands him his luggage. In this case, the passenger is not entitled to a refund of the amount of the ticket fee from the point of exclusion to the final bus station, i.e. the passenger’s stop. If the bus staff is not able to independently exclude the passenger from the trip, they can request the help of the police.
Article 19
If a passenger intentionally or due to gross negligence pollutes the bus, he is obliged to pay for the cleaning of the bus in the amount of the actual costs. The passenger is obliged to compensate the carrier for any damage caused by his fault.
Article 20.
For the duration of the ride, the passenger is obliged to use the seat belt in accordance with the provisions of the current Road Traffic Safety Act on the seats where safety belts are installed.
All possible consequences in the event of a harmful event due to non-compliance with the provisions from paragraph 1 of this article shall be borne by the passenger.
During the drive, the passenger must not move in the vehicle or get up from the seat until the vehicle stops to disembark the passenger.
V OBLIGATIONS OF THE CARRIER
Article 21
The carrier determines the timetable and price of transportation for all routes on a particular line and publishes them in an appropriate manner, via the Internet and at authorized points of sale. The prices of the carrier’s services, which also include commercial privileges for certain categories of citizens (pensioners, students, pupils, the carrier’s bus tickets are generated. When using commercial privileges, the passenger must prove his identity with an identity card or other appropriate document with a correct photo. Prices are variable and depend on the market situation, bus occupancy and other relevant factors.
Article 22.
At his request, the carrier will issue a confirmation of the cost of the bus ticket for the requested route. The certificate is issued at the carrier’s point of sale, on a form designated for it, and is charged according to the price displayed at the point of sale.
Article 23.
The carrier will accept for transportation and transport any person who meets the conditions of these general conditions of transportation.
The following may not be accepted for transportation:
– persons who carry firearms with them, except for passengers on duty, provided that their weapons are locked,
– persons showing obvious signs of an infectious or mental illness, as well as persons with open wounds (unless a person injured in a traffic accident is being transported to the nearest health center),
– children up to 6 years of age, if they are not accompanied by adults,
– persons whose clothes or luggage are so contaminated that there is a risk of contaminating the clothes of passengers or vehicles,
– persons under the influence of alcohol and narcotic drugs,
– persons without appropriate clothing (in bathing suits, without parts of clothing and footwear, with body armor, etc.).
Article 24
In case of cancellation of departure or delay of more than 90 minutes in departure from the bus station in internal road transport, in international road transport and transport within the EU with a planned transport distance of up to 250 km, the carrier is obliged to:
- to transport the passenger together with the luggage to the place of destination, without charging an additional transport fee, or
- together with the luggage, return the passenger to the point of departure, with a full refund of the transportation fee, or
- return compensation to the passenger for the untraveled part of the journey.
The carrier is not responsible for damage caused to the passenger due to interruption, delay or non-execution of transportation in cases of severe weather conditions, traffic jams and in cases that are not the result of the carrier’s intent or gross negligence.
Article 25
According to EU Regulation no. 181/2011, passengers on international lines of at least 250 kilometers in length, whose starting and ending stations are in the countries of the European Union, have the right to:
- guarantee of continuation or rerouting of the journey to the final destination or refund of the ticket price in cases of overbooking or in cases of cancellation or delay of departure by more than 120 minutes;
- adequate assistance in case of cancellation or delay of departure for more than 90 minutes in the case of trips with an estimated duration of more than three hours;
- information in case of cancellation or delay of departure;
- compensation for death or bodily injury, as well as for the loss or damage of luggage due to traffic accidents, and in particular the assistance of the carrier with regard to the immediate practical needs of the passenger after the accident.
In the event of an accident, the carrier limits the total cost of passenger accommodation to a maximum of EUR 80 per night for each passenger and for a maximum of two nights.
VI CARRIAGE OF LUGGAGE
Article 26
Hand, passenger, unaccompanied luggage as well as items that are not considered hand, passenger or unaccompanied luggage are transported by road buses under the conditions stipulated in these general conditions.
Article 27
Hand luggage is luggage of smaller dimensions such as handbags, bags, etc., which can be kept on the shelf above the seat, but in such a way that it does not disturb other passengers.
For hand luggage from this article, the bus staff does not charge for the transportation service and is not responsible for its loss or damage.
Article 28
Passenger luggage means suitcases, bags, rucksacks, crates, baskets, travel bags, boxes and similar wrappings and other items weighing up to 30 kg, which, due to their dimensions, can be placed in the luggage area and do not prevent quick loading and unloading .
Items that are not considered passenger baggage include: personal computers, video cameras, mobile phones, cameras, money, jewelry, credit cards, personal medical and other documentation, works of art and valuable reproductions, crystal and easily breakable glass objects, medicines and prosthetics aids, tools and accessories used for carrying out professional activities and rare books and objects made of precious metals and expensive metals, the safety of which is the responsibility of the passenger. Luggage is transported in a special space intended for its accommodation.
At the passenger’s request, the carrier can accept a maximum of two pieces of luggage for transport, and more if it has the necessary luggage space and at the same time does not burden the vehicle.
The existence of a contract for the carriage of passenger luggage or objects cannot be proven in any other way than the luggage tag. When receiving and storing luggage, the bus staff is obliged to issue the passenger with a suitable bus ticket-luggage ticket. When transporting and placing luggage in the luggage compartment of the bus, the bus staff charges the passenger a fee and issues him a numbered luggage ticket. One part of the baggage ticket is stuck on the luggage, the other part (coupon) on the travel ticket.etc.) must be available for inspection at all points of sale that p. The passenger must keep his coupon until the end of the trip. When picking up luggage, the passenger hands over the coupon to the bus staff, who issues the luggage according to the number on the coupon and the one on the luggage. The coupon affixed to the luggage must not be removed under any circumstances from the time the luggage is picked up for transport until it is issued.
The price list for transporting passenger luggage is determined by the carrier and is displayed at the carrier’s internet pages. The existence of a contract for the carriage of passenger luggage or objects cannot be proven in any other way than the luggage tag and the invoice for the provided luggage transport service.
Article 29
As an exception to the provisions of Article 28 of these general terms and conditions, in occasional passenger transport, baggage transport is not separately charged.
The passenger can hand over two pieces of luggage to the transport referred to in paragraph 1 of this article, and if the vehicle has the necessary luggage space and at the same time does not burden it, more.
Article 30.
The carrier is liable for damage caused by loss or damage to passenger and unaccompanied luggage and items up to the amount of EUR 132.72 (1,000.00 kuna).
Valuables (jewelry, works of art, etc.), securities, telecommunications and IT devices and equipment (laptops, mobile devices, etc.) or other valuable things and devices are the responsibility of the passenger to have in hand luggage.
The carrier is not liable for damage from paragraph 1 of this article if the passenger’s luggage is not packed or not packed enough, and due to these deficiencies, it is by its very nature exposed to loss or damage.
Article 31
The passenger is obliged to compensate the carrier for damage caused by the properties or condition of the luggage.
Dangerous substances, explosive and flammable objects, objects with an unpleasant smell, things with perishable contents, things that corrode or can injure or stain passengers, damage the bus or the belongings of other passengers accepted for transport, fragile things, cash, securities, valuables, jewelry or art.
Article 32.
The following animals can be accepted for transport:
- cats, birds and smaller animals as hand luggage in appropriate exclusively closed transporters, which prevent interference or possible damage to other passengers and things, and with a veterinarian’s certificate about the animal’s health condition,
- a specially bused guide dog for blind people accompanying a blind person as a passenger.
Article 33.
If there is enough space in the trunk of the vehicle, the carrier can take unaccompanied luggage for internal transport.
Unaccompanied baggage is things that are not accompanied by the passenger in the vehicle, which the carrier takes for transport with an accompanying document (luggage) and delivers to the agreed destination specified in the bus ticket.
With the contract for the carriage of unaccompanied baggage, the carrier undertakes to transport the collected baggage to the agreed destination and deliver it to the recipient or to a person authorized by him (a person who has a power of attorney from the recipient). On the bus ticket for unaccompanied baggage, the price and route, name, surname and address of the sender and receiver are entered. The name, surname and address of the sender and receiver can be indicated on the shipment itself. The bus staff confirms the receipt of unaccompanied luggage for transport by issuing a receipt/invoice to the sender, when the service is charged, while when handing over the luggage, the recipient confirms receipt of the shipment with his signature on the copy of the bus ticket held by the bus staff.
The existence of a contract for the carriage of unaccompanied baggage can only be proven by a baggage ticket for unaccompanied baggage and a receipt for the same.
Article 34
The following shipments will not be accepted as unaccompanied baggage:
– fresh and frozen fish and fish products, shellfish and molluscs,
– fresh and frozen meat and meat products,
– milk and milk products.
– plants,
– alcohol,
– tobacco and tobacco products.
The carrier does not accept unaccompanied baggage in international transport.
Article 35.
The sender is obliged to deliver unaccompanied luggage no later than 15 minutes before the departure of the bus according to the timetable, otherwise the carrier is not obliged to collect it. The recipient is obliged to wait for the bus in order to pick up unaccompanied luggage. The carrier is not responsible for unaccompanied baggage if the recipient has not met the bus. The carrier may store unaccompanied baggage that the recipient did not meet in the bus station cloakroom, at the expense of the recipient or the sender.
VII FOUND THINGS
Article 36.
All items that passengers lost or forgot on buses are considered lost items.
Article 37
At the final bus station or bus stop, the bus staff must inspect the vehicle immediately after the passenger exits. Before the inspection is carried out, the bus staff must not leave the bus. Items found in the bus must be handed over to an authorized person of the carrier. When leaving the vehicle at the destination, the passenger is obliged to take with him all his belongings that he had with him in the vehicle, as well as collect his passenger luggage. The carrier is not responsible for things found in the vehicle after the end of the transport.
VIII FINAL PROVISIONS
Article 38
All disputes arising between passengers during the journey are resolved by the bus staff, while any disputes between passengers and the bus staff are resolved by an authorized person of the carrier or station. In the event of a legal dispute, the competent court in Split is competent.
Article 39
In international transport, the passenger is obliged to comply with the regulations of other countries related to travel, entry and exit documents and other regulations related to customs, tax authorities and other administrative authorities both in relation to him personally and in relation to passenger and hand luggage. The carrier bears no responsibility towards the passenger who does not comply with these regulations.
Article 40.
These general conditions enter into force on the date of their adoption. The carrier may change the conditions from these general conditions in accordance with its business policy and applicable legal regulations.
Passengers of the carrier will be notified of the change in conditions by visibly highlighting them at all points of sale where the carrier’s bus tickets are sold and on the carrier’s website: www.promet-makarska.hr.
With the entry into force of these General Terms and Conditions, the General Terms and Conditions for the Transportation of Passengers, Baggage and Items cease to apply as of September 1, 2022.
Article 41
The online sale of bus tickets is regulated by the General Terms and Conditions of the Internet sale of bus tickets.
Article 42.
The legal department of the carrier is authorized to interpret these general conditions
In Makarska, October 2, 2023.
FOR THE CARRIER
Director
Igor Tomašić
