TERMS & CONDITIONS

1. Carrier and Customer (non-entrepreneur):
1. These T&Cs are issued by the transport company Blaguss Slovakia, s.r.o., ID No. 35 796 251, with registered office: Pribilinská 10, Bratislava - mestská časť Rača 831 04, SR, registered in: CR DC BA I, Sro/22509/B („Carrier“).
2. T&Cs compose an integral part of the Agreement between the Carrier and the customer on the occasional personal bus transportation, i.e. single contractual transportation of the agreed group of passengers (“Passengers”), with the agreed means of transport ("Bus"), on the agreed route with agreed stops (“Contract”).
3. For the purpose of the Contract the Customer is considered to be a Entrepreneur, that shall provide the Carrier with all of its identification data (“Customer”).

2. Non-binding quotation, Order and Order confirmation:
1. Before the conclusion of the Contract, the Carrier shall provide the Client with the electronic (e-mail) non-binding (price) quotation („Non-binding quotation“), to which these T&Cs are attached. After being aware of the Non-binding quotation the Customer shall send an e-mail or written order to the Carrier (“Order”). 
2. The Contract is considered to be concluded only after the Customer receives the Carrier´s electronic confirmation of the Order (“Order confirmation”) to which these T&Cs are attached. 
3. At the moment of Order confirmation these T&Cs are considered to become an integral part of the Contract and are binding for the Customer. Any provisions of the Order that exclude the application of these T&Cs will not apply after Order confirmation is received by the Customer. The Customer undertakes to inform the Passengers in advance of the contents of these T&Cs.
4. Unless otherwise specifically agreed, the Contract is considered to be concluded at the moment the Carrier sends the Order confirmation via electronic means to the e-mail address from which the Order was delivered. Electronical confirmation of the delivery of Order confirmation to the stated e-mail address of the Customer is not the condition of the Contract to be concluded.

3. Content of the Contract:
1. The minimum content elements of the Contract are agreement on the time of arrival as well as on the place and time of the departure and arrival of the vehicle on one side and agreement on the price (“Price”) for the services of the Carrier on the other side. Unless otherwise expressly agreed, payments of the Price with the effect of debt repayment may only be made directly to the Carrier, not to the Bus Driver.
2. Bus drivers are obliged to observe the prescribed breaks during the carriage of passengers.

4. Changes to the Contract:
1. The Customer is responsible for the correctness of the data provided in the Order. The Carrier has to be notified about any changes to the agreed conditions of the Contract without undue delay and these changes have to be agreed by the Carrier in advance. 
2. In case of a change of the route or time of carriage agreed in the Contract for reasons on the Customer's side or for reasons on the side of the Passengers, or if it is required by safety or if there are objective requirements related to the current traffic situation, the Carrier has the right to charge the Customer in addition to the agreed Price the costs for the extra kilometres travelled by the agreed (replacement) Bus.

5. Bus:
1. The Bus may be occupied by the maximum number of passengers agreed in the Contract. The Customer is obliged to confirm to the Carrier the exact number of Passengers transported, the actual time of arrival to the destination stop, any changes to the previously agreed route, etc.
2. Irrespective of the agreed Bus, the Carrier reserves the right to deploy another Bus with a higher number of seats and/or to use other partners to perform the agreed carriage of Passengers.

6. Terms of payment:
1. Unless otherwise agreed, total Price is due within 14 days after the transportation is finished. The Carrier will charge the applicable VAT to the total Price, unless it is one of the cases of transfer of tax liability to the Customer, in particular in cases of cross-border transactions within the EU. The Carrier is entitled to provide the Customer with the electronic invoice which shall be considered to be an e-mail with an attachment in .pdf. format. Both the Carrier and the Customer declare that method of electronic data exchange ensures the credibility of the origin, the integrity of the content and the legibility of the invoice.
2. Payment of the advance payment of the Price agreed in the Contract stated in the Non-binding quotation may be a condition for the beginning of the contractually agreed transportation (“Advance payment”).

7. Cancelation Fee 
1. The Customer is entitled to withdraw from the Contract if it pays to the Carrier the costs incurred until then, but at least a handling fee of 20,-Eur, plus if it pays to the Carrier the Cancellation Fee specified below. In the event that the Customer withdraws from the Contract under the conditions set out below, the Customer shall, in addition to the above handling fee, pay to the Carrier the cancellation fee set out below (the "Cancellation Fee") if the Customer notifies the Carrier by email or in writing that it is exercising this right and pays the Cancellation Fee set out below (the "Notice"):

(i) Notice is received by the Carrier between the 21st and 15th working day before the first day of the agreed carriage - 10% Cancellation Fee of the (total) Price, 
(ii) Notice is received by the Carrier between the 14th and 8th working day prior to the first day of the agreed carriage - 40% Cancellation Charge on the (total) Price, 
(iii) Notice is received by the Carrier between the 7th and 1st working day prior to the first day of the agreed carriage - 70% Cancellation Fee of the (total) Price, 
(iv) Notice is received by the Carrier on the first day of the agreed carriage or on a Sunday or public holiday preceding the first day of the agreed carriage - 90% Cancellation Charge of the (total) Price.
2. Cancelation Fees shall also apply if the Customer requires changes of agreed conditions of the transportation within the abovementioned terms before the agreed beginning of transportation. 
3. In the event that the agreed carriage does not take place for reasons on the Customer's side or for reasons not on the Carrier's side (e.g. Passengers do not arrive at the agreed boarding point on the first day of the agreed carriage - "No Show", etc.), the Customer is obliged to indemnify the Carrier in the amount of 100 % of the (total) Price.
4. The Carrier has the right to unilateral set off the claim for payment (of the Cancelation Fee/ indemnification fee for No Show) against the Customer´s claim for return of the paid Advance payment.

8. Passengers' luggage:
1. Each Passenger may, on his own responsibility, take on board the Bus and keep with him under his own supervision, free of charge, (hand luggage) which he can easily place in his compartment without disturbing his fellow Passengers.
2. All luggage must be packed and sealed in such a way as to protect its contents from loss, damage or destruction. The name and address of the Passenger must be indicated on the luggage.
3. Dangerous, bulky or other unusual items of luggage may be excluded from carriage. The Carrier will accept the luggage depending on the capacity of the Bus and its designated storage space. The Passenger is obliged to check that his/her luggage is loaded on the Bus. The Carrier is not responsible for luggage that is lost after unloading from the Bus. The Carrier is also not liable if the luggage is left on the Bus overnight or is forgotten.
4. The Carrier shall be liable for loss, diminution or damage of the luggage carried during the agreed carriage of passengers in accordance with the applicable regulations on the carriage of passengers, in particular in accordance with the provisions of the Slovak Commercial Code.
5. In case of the Carrier's liability for damage to the Passenger's luggage, the damage shall be compensated up to the amount of the proven damage, but not more than 55,-Eur per piece of luggage. The Carrier shall not be liable for incorrectly packed, damaged or unlocked luggage or for money and valuables.

9. Transportation of bicycles/pets in the Bus:
1. In the case of transporting bicycles in the bicycle trailer of the Bus, the Carrier shall not be liable for any damage to the bicycles that occurs during transport or during loading and/or unloading. 
2. Animals that can be transported without endangering or inconveniencing other Passengers and the Driver may be transported with the consent of the Bus Driver or Guide.

10. Carrier's liability:
1. In case of breach of the Contract the Customer shall be entitled to ask for immediate removal of these defects. Otherwise, it shall be entitled to file a warranty claim in writing at the Carrier´s registered seat address without undue delay, but not later than 6 months after the transportation is finished. Otherwise, this Client´s right terminates. The Carrier shall deal with the warranty claim immediately and if it is not possible under justified reasons within 30 days of the warranty claim being filed. 
2. The Carrier shall not be liable for damage if it proves that the damage could not be avoided even if all the efforts that may be required of it were made, above all in case of: any unforeseeable technical disorder of the bus, flat tire, collision with animals, broken cables, defectively supplied fuel or other substances and things necessary for driving, severe weather conditions, natural disasters, traffic restrictions, traffic jams, road closures, increased traffic or road use, including road checks, accidental involvement in traffic accidents, Passengers who due to their delay at the agreed/announced departure points/stops did not manage to board the Bus, Passengers who due to missing personal documents (e.g. valid passport, travel visa, etc.), or other extraordinary event e.g. because of suspicion or fulfilment of facts of crime or administrative delict, vandalism, arson or other anti-social or illegal acts of third person (“Circumstances excluding liability”).
3. If any of the Circumstances excluding liability arise, the Carrier undertakes following urgent or other necessary actions, e.g. after calling for quick medical help, police, etc., to report their origin to the Customer without undue delay.
4. The Carrier did not foresee the occurrence of damage exceeding 20% of the total Price as a possible consequence of the breach of its contractual/legal obligations when concluding the Contract.

11. Responsibility of the Customer:
If the Passenger soils or damages the Bus or its equipment, the Customer shall pay the cost of cleaning or repair, as well as all related damages and lost profits to the Carrier due to the inability to use the Bus for business.

12. Changes to the T&Cs:
The Carrier is entitled to unilaterally change these T&Cs and if the Customer does not express its disagreement with the changes within 7 days of their receipt, it is believed to agree with the changes.

13. Non-disclosure agreement, Language:
1. The Customer undertakes to comply with the confidentiality of the content of the Contract including these T&Cs. This obligation is unlimited irrespective of the duration of the Contract. 
2. These T&Cs are made in Slovak, German and English version. In case of discrepancy between the Slovak and other language version the Slovak version shall prevail. In case of discrepancy between the German and English version the German version shall prevail.

14. Salvatorian clause:
If any provision of the Contract or T&Cs becomes invalid/ ineffective it will not affect their other provisions. In such case the Carrier and the Customer undertake to replace the invalid/ ineffective provision with new one best suited to the relevant legal regulation.

15. GDPR:
In connection with the General data protection regulation (“GDPR”) the Carrier hereby notifies the Customer that it has adopted Company Privacy Policy that are accessible at www.blaguss.sk.
1. If necessary for the purpose of the Contract from the GDPR perspective, the Customer shall conclude with the Carrier, pursuant to Article 28(3) of the GDPR, a contract for the processing of personal data in the wording submitted by the Carrier, with the subject of the contract being the authorisation of the Carrier as an agent by the Customer as the controller to process the personal data of the data subjects, in particular in the scope of the data relating to the group of Passengers and their guide on the one hand and the Carrier's drivers on the other hand.

16. Final provisions:
Preferably, the provisions of the Slovak Commercial Code (agreement pursuant to § 262 (1) and (2) in conjunction with § 261 (9)) and other Slovak legislation shall apply to the Contract. Any disputes that may arise out of the Contract shall be settled by agreement. In case of unsettled disputes arising out of the Contract including those concerning its validity, interpretation or termination shall be settled before the Arbitration Court of the Slovak Chamber of Commerce and Industry in Bratislava according to its basic internal legal regulations. The parties shall submit to the decision of this court. Its decision shall be binding on the parties. Alternatively, the Carrier shall be entitled to bring an action on general courts of SR. In case of disputes with an international element tried before general courts the Carrier and the Customer agreed on the jurisdiction of the court which jurisdiction is primarily determined according to the seat of the Carrier in Slovak republic.

These T&Cs are effective as of 1st November 2022, and replace in their entirety CTs effective as of 1st September 2018.