Pursuant to the provisions of article 4, paragraph 1, item 31 of the Road Transport Law (Official Gazette no. 41/18), Brioni d.o.o. Pula issues this act
GENERAL CONDITIONS OF PASSENGER TRANSPORT
I GENERAL CONDITIONS
The general conditions of passenger transport determine the conditions for the transport company to run the business of passenger transport, especially: the transport company and passengers’ rights and obligations linked to the fulfilment of the transport contract, rules of conduct for the driving crew when offering the transport service, rules of conduct for the driving crew and their relationship toward passengers, rules of conduct for passengers during transport, transport conditions and disabled and persons with reduced mobility’s rights during transport, rules of luggage transport, rules of animal transport.
Regarding the General Conditions, certain notions have the following meaning:
TRANSPORT COMPANY: Brioni d.o.o. Pula, Šijanska cesta 4.
PASSENGER: a person transported by a transport company and charged for the service.
NATIONAL ROAD TRANSPORT: transport on the territory of the Republic of Croatia.
TRANSPORT INSIDE THE EUROPEAN UNION: transport between two or more member countries of the European Union (hereinafter: EU), including the Swiss confederation.
INTERNATIONAL ROAD TRANSPORT: any transport between a member country of the EU and a country not part of the EU.
VEHICLE: a coach or a vehicle with at least nine seats, including the driver’s seat, intended only for the transport of passengers.
TICKET: a document by which passengers exercise their right with the transport company under the conditions stipulated in these General Conditions of Transport.
The general conditions for the transport of passengers, luggage and items are applied by the transport company according to determined prices for each regular line, i.e. each executed transport.
The compensation for the transport of passengers and luggage in the passengers’ public road transport is determined by the transport company.
II TRANSPORT CONTRACT
By purchasing the ticket, the passenger enters into a transport contract with the transport company.
The transport company undertakes to safely transport the passenger along the contracted route, by the means of transport determined by the transport contract and under the comfort and hygiene conditions considered necessary with regard to the means of transport and distance.
The transport contract is closed between the transport company and passenger or between the transport company and customer, in which case the customer undertakes to compensate for the transport.
The existence of a transport contract is proved by the ticket or a special contract.
The transport company undertakes to ensure a seat in the vehicle for passengers who have purchased the ticked and made a reservation, and transport them in the agreed location in line with the published timetable, while the passenger has to keep the ticket during the travel and show it to the controller or the driving crew upon demand.
The ticket bears the name of the issuing company and has to indicate the date, time of issue, route for which it has been issued, the transport price, date and time of departure.
In the international transport the ticket may bear a name, and besides the elements expressed in paragraph 1 of this article, it can denote the passenger’s name and surname.
The ticket issued for a person may not be transferred to another person without the transport company’s consent.
The ticket which does not contain one of the elements denoted in paragraphs 1 and 2 of this article is considered invalid.
The ticket is regularly issued for a one-way ride and obliges the transport company to respect the day, hour and distance indicated on the ticket.
The passenger may purchase a return ticket. The return ticket shall bear its validity period. The validity period of the ticket return coupon is counted from the day of the initiated ride.
The return ticket enables the passenger to travel both ways along a previously determined route. The passenger who uses the return ticket’s return coupon has to make the reservation of a seat in the vehicle for the return ride.
The return tickets are valid for vehicles of the transport company and of other transport companies with which the transport company runs transport on certain regular lines.
By way of derogation from articles 7 and 8 of these General Conditions, passengers can purchase and thus become owners of a pass ticket by a one-off payment of the charge according to the valid price list of the transport company.
The pass ticket is issued at the owner’s name and bears the holder’s data and the type of ticket.
The pass ticket is issued for a determinate period of time denoted on the ticket which can be half a month, a month, several months or a year.
The charge for the pass ticket coupon is determined by the transport company, depending on the category of the persons using it (pupils, students, workers or retired persons), as well as on the regime of its use.
The sale of the pass tickets coupons is carried at the transport company’s points of sale.
In case the pass ticket is damaged, lost, stolen, etc. the passenger will bear the cost for its replacement.
A month is calculated by the calendar, from the first to the last day of the month.
In case the pass ticket is lost, owners have to report the loss immediately at the point of sale where they bought it so as to prevent a possible abuse and for the transport company to timely cancel it.
Tickets are bought at organised points of sale (bus stations, bus stops, agencies, offices, transport company’s vehicles) and via the internet.
The ticket can be electronically or manually printed. The internet ticket may also be presented in an electronic form (PDF file) along with a valid official identification document.
By way of derogation from paragraph 1 of this article, the ticket may be purchased in the vehicle:
- When the passenger boards a vehicle at a registered bus stop on a regular line held by the transport company, if there is no organised sale of tickets
- If the passenger arrived barely before the vehicle departure, so the driving crew cannot point them to the organised point of sale to purchase the ticket due to a possible late departure.
Passengers may book a seat in the coach at organised points of sale: by telephone, in written form, by e-mail or in any other adequate way, but have to buy the ticket and make the reservation at least 6 hours before departures in the international regular transport and transport inside the EU, or 2 hours before departures in the internal regular transport.
If pursuant to paragraph 1 of this article, passengers fail to purchase the ticket, the point of sale retains the right to sell the reservation to another passenger, while the former passengers loose the right to a reserved seat and to a reimbursement by the transport company.
The transport company retains the right, for objectively justified reasons, to change the number of seats specified in the reservation on certain regular lines, but undertakes to ensure a seat for passengers with a valid reservation.
Passengers travelling as accompaniment to children using a child seat during the ride have to notify the transport company about that fact, no later than 48 hours before departure.
The reservation will not be issued without the purchase of a ticket, except when passengers have a return ticket, a pass ticket or a privileged ticket.
The charge for the reservation of a seat is charged according to a valid price list of the transport company or the bus station.
For distances up to 50 kilometres from the place of departure the transport company will issue a reservation for the purchased ticket only upon the passenger’s request.
The reservation of a seat is charged according to a valid price list of the transport company or the bus station even in cases when at certain regular lines seats are not numbered.
The transport company may reach a special decision and allow commercial privileges for certain regular lines, departures at certain regular lines, category of passengers (for instance, regarding age, disability, school pupils or faculty students, etc.).
Passengers have the right to give up the travel contract before the beginning of the ride.
The transport company has to return the travel fare to the passenger, diminished by 10% in the name of manipulative expenses if the passenger gives up the ride:
- For national regular lines no later than 2 hours before departure
- For international regular lines and transport inside the EU, no later than 6 hours before departure
- For occasional road transport, no later than 48 hours before departure.
If passengers claim compensation for an unused return ticket before the expiry of the return ticket, the transport company will return the money amount equal to the price of the return ticket minus the full price of the one-way ticket without commercial privileges and minus 10% for manipulative costs.
If passengers claim compensation for an unused return ticket including an additional commercial privilege before the expiry of the return ticket, the transport company will return the money amount equal to the price of the return ticket minus the price of the one-way ticket with the appertaining commercial privileges and minus 10% for manipulative costs.
If passengers fail to act in line with paragraph 2 and 3 of this article, they lose the right to a refund of the travel fare.
If passengers buy a pass ticket and then cancel it, they may claim compensation from the transport company.
If the compensation is claimed before the beginning of the month for which it has been purchased, the paid amount will be returned, diminished by 10% for manipulative costs.
If the compensation is claimed during the month, meaning that the ticket has been partially used, the amount will be returned, but diminished by the number of days it has been used at the full ticket price (not counting Saturdays, Sundays and holidays) and by 10% for manipulative costs.
The claim for a justified compensation (illness, etc.) of a part of the amount of the unused pass ticket may be submitted during the month, and no later than the 5th day of the month for the previous month.
The claim as per the former paragraph of this article can be submitted exclusively for a period of at least five consecutive days, not counting Saturdays, Sundays and holidays, by submitting a corresponding certificate.
In cases as per paragraphs 4 and 5 of this article, passengers shall be compensated the price of the purchased ticket diminished by the number of days it was used (not counting Saturdays, Sundays and holidays) and by 10% for manipulative costs.
The compensation of the fare is done at organised points of sale and at the transport company’s professional service premises.
The transport company vehicle driving crew cannot effectuate the compensation of the fare.
The compensation of the fare can be effectuated by the ticket sellers.
If passengers have purchased the ticket, but are prevented in their ride on a determined day or at a determined hour, the transport company will make possible the change of the expiry period of the ticket if the passengers demand that, no later than the period as per article 13, paragraph 2 of these General Conditions.
In case the transport company cancels the departure of the coach for a certain regular line or the departure of the regular line coach is more than 90 minutes late, passengers have the right to claim compensation for the whole amount or a part of the amount.
The transport company may cancel the occasional transport no later than 32 hours before departure without compensation liability if the minimal number of passengers stated in the offer or occasional transport contract do not apply for a certain occasional transport. In that case passengers have the right to claim full compensation.
The fare cannot be refunded for a lost ticket or a ticket cancelled after the time stipulated in article 13, paragraph 2 of these General Conditions.
Passengers who by their own mistake take the ride with another travel company instead with the vehicle of the travel company for which they have purchased the ticket do not have the right to claim compensation for the value of the travel company’s ticket.
A ticket which has in any way been altered or damaged ceases to be valid and has to be taken over during its check-up, while passengers are charged the full ticket amount on the route of the ride, as well as a fine.
In case the departure is cancelled or more than 90 minutes late from the bus station for national road transport, international road transport or transport inside the EU with an anticipated transport distance of 250 km, passengers have the right to choose between:
- Continuing or redirecting the ride to the destination
- Returning to the place of departure with full compensation
- Continuing the ride with a compensation for the part of the ride not fulfilled
The transport company is not liable for damages occurred as per paragraph 1 of this article if it proves that the interruption, delay or failure to carry out the transport did not occur intentionally or by rough carelessness, or if the damage occurred due to force majeure. The transport company is not liable for damages occurred due to rough weather conditions, traffic jams, etc.
If interruptions of the ride occur during the ride, and the transport company is not liable, passengers lose the right to use the ticket in another transport company’s vehicle for the unused part of the ticket, i.e. route.
When it comes to national road transport, international road transport and transport inside the EU with an anticipated distance of at least 250 km, passengers have the following rights:
- For cancellations or late departures from the bus station longer than 120 minutes or in case of a too large number of reservations, passengers have the right to choose to continue or redirect their transport to the destination with the first following possibility of transport without an additional charge for the transport or the refund of the ticket price, and if need be, they have the right, free of charge, to return to the closest place of departure stated in the travel contract on the first possible occasion.
- The same is applied to passengers with an open travel date, without a verified ticket and reservation with the return date and hour.
Passengers have to notify the transport company in a provable way in 60 minutes from the occurrence of circumstances as per this article’s former paragraph.
- For cancellations or late departures from the bus station longer than 90 minutes, for rides anticipated to last more than 3 hours, passengers have the right to a fast meal and a refreshing beverage adequate to the waiting time, under the condition that the former are available at the bus station or are reasonably procurable, as well as to a hotel room or other accommodation in case of one or more nights’ stay. The accommodation expense may not exceed 80.00 EUR per night for a maximum of two nights.
The transport company does not have to ensure accommodation if the cancellation or delay is caused by rough weather conditions or natural disasters which can endanger the safe conduction of the ride.
- In case of a traffic accident arising from a supplied transport service according to these General Conditions, the transport company shall offer to passengers as per paragraph 1 of this article a reasonable and adequate help regarding their direct practical needs after the accident, including transport, accommodation, food, clothes and first aid. The total accommodation amount may not exceed 80.00 EUR per passenger per night, for a maximum of two nights.
For cases other than those stipulated in articles 13 to 19 of these General Conditions, passengers have the right to file a complaint in written form, no later than 8 days of the offered transport service, to the transport company’s address: Brioni d.o.o., 52100 Pula, Šijanska cesta 4, attn. Complaints Committee (hereinafter: Committee).
The Committee shall answer the passenger’s complaint in written form no later than 30 days of the receipt of the complaint.
The transport company determines the schedule and price of the transport service, and publishes them in an appropriate way. The transport company’s service prices, including commercial privileges for certain categories of citizens (retired persons, students, pupils, etc.) have to be available for inspection at all points of sale selling the transfer company’s tickets.
When exercising the right to commercial privileges the passengers have to give evidence of their identity by a personal identity card or other valid document (the Brioni card) with a valid photograph. The Brioni card is an identification document by which its owner proves to be a pupil, student, etc.
The transport company retains the right not to issue a pass or other ticket to passengers who behave in such a way as to damage the transport company property or upset other passengers or the driving crew.
Upon the passengers’ request, the transport company will issue a certificate on the ticket price for a certain route.
The certificate is issued at the transport company’s point of sale, on a form intended for this purpose, and is charged according to the price shown at the point of sale.
If the controller finds a passenger without a valid ticket, he or she will be fined with 100.00 kuna plus the full ticket price for the route.
Passengers undertake to check all the ticket elements in the moment they purchase it and immediately report any mistakes to the sale personnel. If passengers fail to inform the travel company about the mistake on time, the ticket will be considered valid.
Passengers have to take care to get on the coach driving on a regular line and to get off it at the final bus station or bus stop. Passengers may get on or off the coach only at a bus station or a bus stop determined in the driving schedule, in a place safe for the passenger and the vehicle.
Passengers undertake to come to the initial bus stop at least 10 minutes before the departure. In case of their late arrival, the transport company is not liable to passengers.
If during the rides there are certain short stops, passengers have to return to the vehicle in the period determined for the stops.
The transport company does not have to keep the vehicle waiting for the passenger who does not respect the time determined for the stop.
The transport company completely denies liability for damage based on a passenger’s compensation claim arising from mistakes done by the passengers as per paragraph 2, 3 and 4 of this article.
During the ride passengers can be banished from the coach by the driving crew or controller:
- if they disrupt the peace and quiet in the coach
- if they jeopardize the traffic safety
- if they obstruct the driving crew’s work
- if they obstruct the controller’s work
- if they behave improperly toward other passengers or the driving crew.
When a passenger is banished from the coach, the driving crew shall hand him or her their luggage over. In that case passengers do not have the right to compensation of the fare from the place of banishment to the final bus station or the bus stop.
If the driving crew are not able to banish a passenger themselves, they may seek for the police help.
Passengers have to keep their tickets during the whole ride, to the final destination. If passengers lose or in any other way remain without their tickets, they have to pay for a new ticket to the driving crew or the controller.
When checking and charging for the tickets, the driver has to check if all the passengers have a valid ticket.
Passengers who refuse to pay the fine and the full ticket price due to their failure to own one shall be banished from the further ride.
The following categories will not be allowed to take the ride:
- persons carrying firearms, except for persons on duty on condition that the firearm be blocked
- persons who show visible signs of an infectious or mental illness, as well as persons having open wounds (except in case that the transport to the nearest health institution is given to a person injured in a traffic accident)
- children up to 15 years of age if they are not accompanied by adults, except in special cases of school children transport in county regular lines
- persons whose clothes or luggage are so dirty that there is a possibility of making other passengers’ clothes or the vehicle dirty
- persons under the influence of alcohol or narcotics
- persons wearing inadequate clothes (in bathing suits, without parts of clothes or footwear, wearing ski boots, etc.).
Smoking is not allowed in the coach. This banishment relates to e-cigarettes, too.
If passengers deliberately or due to utter carelessness make the coach dirty, they have to compensate for cleaning the coach in the amount of real expenses.
Passengers have to compensate for the damages caused to the travel company by their own wrong.
During the ride passengers have to fasten their seat belts if seats have them, pursuant to the provisions of the Law on Road Traffic Safety.
During the ride passengers may not move along the vehicle or stand up until the vehicle stops to disembark passengers.
All possible consequences in case of a damage due to failure to abide by the provisions stipulated in this article have to be borne by the person breaking the formerly described way of conduct.
When it comes to international transport and transport inside the EU, passengers have to abide by the regulations of other countries related to transport, input and output documents (passport, visa etc.), as well as regulations linked to customs, tax bodies and other administrative bodies with regard to passengers and their travel and hand luggage.
The transport company is entitled to forbid a passenger to get on the vehicle if they do not have the document necessary to cross the border to a foreign country, and if a passenger objects to such a decision, the transport company has to notify the Ministry of Internal Affairs in the shortest possible way.
The transport company completely denies liability for damage based on a passenger’s compensation claim arising from mistakes done by the passengers as per paragraph 1 of this article.
The transport company completely denies liability for damage based on a passenger’s compensation claim which is a consequence of a delay in the execution of regulations linked to the control procedure by competent state bodies.
III LUGGAGE TRANSPORT
Coaches in road traffic carry hand, travel and unattended luggage, as well as items not considered hand, travel or unattended luggage, on conditions stipulated in this General Conditions.
Hand luggage are items that can be carried in the vehicle and put in a place intended for them, attended by passengers themselves.
Hand luggage are usually smaller items, such as hand purses, bags, nets and the similar, which can be put on the shelf above a coach seat or kept by passengers under their seats, in a way not disturbing other passengers.
The driving crew does not charge for the transport service of the hand luggage as per paragraph 2 of this article, and neither are they liable for its loss or damage.
Travel luggage are suitcases, bags, backpacks etc., of the maximum weight of approximately 25 kg per piece of luggage, and it is charged for the transport service.
Attended luggage are items not considered travel luggage and are represented by items carried by passengers like: boxes, baskets, sacks, envelopes, bicycles, child seats and similar items which, due to their dimensions and weight, can be put into the luggage space and are charged as per the valid price list.
Passengers who want to transport their bicycles have to announce such a transport to the transport company at least 48 hours before departure.
The transport of wheelchairs, perambulators or child seats is free of charge if persons using them are found in the vehicle as passengers.
The transport company can, upon a passenger’s request, take a maximum of two pieces of luggage, or even more if it disposes of the necessary luggage space without overloading the vehicle.
At taking over and setting the luggage, the driving crew has to issue a valid receipt and luggage certificate. The luggage certificate has to be stuck to the luggage, while the passenger/sender is issued a corresponding receipt. The price list for the transport of travel and unattended luggage and items is determined by the transport company and featured at the transport company’s points of sale.
The existence of a transport contract for travel luggage or objects cannot be proved in any other way except by a luggage certificate and receipt.
By way of derogation from articles 33 and 34 of these General Conditions, the transport of luggage in occasional passenger transport is separately charged.
Regarding the transport as per paragraph 1 of this article, a passenger may submit two pieces of luggage, or even more if the vehicle disposes of the necessary luggage space without furtherly overloading it.
When passengers/senders give for transport luggage (attended or unattended) of a value higher than 2,500.00 kuna, they have to notify the driving crew of this value and enable them to check the luggage.
Passengers have to keep valuables (jewellery, works of art, and the similar), securities, telecommunication or information devices and equipment (laptops, mobile phones, etc.) or other expensive stuff in their hand luggage.
The transport company is liable for the damage occurred by the loss or damage of attended or unattended luggage and items up to the amount of 2,500.00 kuna.
The transport company is not liable for the damage as per paragraph 1 of this article if the luggage is not or is insufficiently packed, and due to this failure, and its nature, becomes exposed to loss or damage.
Passengers have to compensate for the damage incurred by the transport company which occurred due to the luggage features or state.
Dangerous substances, explosives, easily inflammable items, unpleasantly smelling items, easily perishable contents, items causing corrosion or injuries or dirtiness to passengers, things which could damage the coach or other passengers’ transported items, fragile items, cash money, securities, valuables, jewellery or works of art are not to be taken as luggage.
The sender of unattended luggage has to inform the driving crew about the content of the unattended luggage.
The transport company is not liable for an incorrect information about the content of the unattended luggage.
The driving crew is authorised to refuse to accept the luggage if the passenger or sender refuses to reveal its content.
Animals accepted for transport are:
- cats, birds and smaller animals are accepted as hand luggage if they are in their appropriate cages, baskets or boxes which prevent them to disturb or damage other passengers and items, and they have to hold the veterinary’s certificate on their health
- especially trained dogs guiding a blind person in the capacity of a passenger.
In case there is enough space in the vehicle trunk the transport company can take unattended luggage in the national transport.
Unattended luggage are objects not accompanied by a passenger inside the vehicle. The transport company takes them over accompanied by a document and delivers it at an agreed destination denoted on the luggage certificate and receipt. By the unattended luggage transport contract the transport company undertakes to carry the luggage taken over to the agreed destination and hand it over to the recipient or an authorised person (a person having the recipient’s power of attorney).
The luggage certificate for unattended luggage contains the price and route, sender and recipient’s name, surname and address. The sender and recipient’s name, surname and address can also be written on the parcel.
The driving crew certifies the take-over of unattended luggage by issuing a certificate/receipt to the sender at the time of the charge for the service, while at the luggage hand-over the recipient confirms the receipt of the parcel by signing a copy of the ticket in the driving crew’s possession.
The existence of an unattended luggage transport contract can be proved only by the unattended luggage ticket.
The following parcels shall not be accepted as unattended luggage as per article 37 of these General Conditions:
- fresh and frozen fish and fish products, shells and molluscs
- fresh and frozen meat and meat products
- milk and dairy products
- tobacco and products
In the international transport and transport inside the EU, the transport company does not accept unattended luggage.
The senders undertake to deliver the unattended luggage no later than 15 minutes before the departure of the coach according to schedule, and if they fail to do so, the transport company does not have to accept it.
The receiver has to wait for the coach to take over the unattended luggage. The transport company is not liable for the unattended luggage if the receiver does not meet the coach.
The transport company may store the unattended luggage not met by the receiver in the bus station luggage lockers, while the costs will be borne by the receiver or sender.
IV FOUND ITEMS
When getting off the coach passengers have to carry along all their property from the coach, as well as take over their luggage.
Found items are all the items passengers lose or forget in coaches.
At the final bus station or bus stop, the driving crew has to check the vehicle immediately after the passengers get off the vehicle. The driving crew must not leave the coach before conducting the check-up. The items found in the coach have to be handed over to an authorised person of the transport company or to the lost-and-found office at the bus station.
The transport company is not liable for items found in the vehicle after the ride.
V FINAL PROVISIONS
The transport company’s vehicle with an installed video surveillance has to show the notice that the vehicle is under video surveillance on a visible place at the entrance of the vehicle and in the vehicle.
The video recorded data is considered confidential.
Reading and using the recorded data is possible exclusively with the purpose and in the way prescribed by positive regulations or transport company’s special acts which regulate third persons’ personal data protection.
Pursuant to the provisions of Regulation (EU) 2016/679 of the European Parliament and Commission of 27 April 2016 (hereinafter: General regulation) and the Law on the Conduction of the General Data Protection Regulations (Official Gazette number 42/2018 – hereinafter: Law), and the Persona Data Protection Regulation of the BRIONI d.o.o., the execution of the aforementioned acts has been regulated and the physical persons rights’ protection ensured in line with processing and free movement of their personal data, which in line with the aforementioned acts, are used in the Company and physical persons’ business, as part of the Company’s registered business.
The passengers’ complaints during the ride have to be solved by the driving crew, while the passengers’ written complaints are solved by the Committee in line with the formerly described procedure and deadlines.
Possible disputes between passengers and the driving crew shall be solved by the transport company or bus station’s authorised person.
These General Conditions enter into force on the day following their adoption.
The transport company may change the conditions of these General Conditions in line with its business policy and the valid legal regulations and ordinances of the EU.
These General Conditions are available to passengers on the transport company’s internet page www.brioni.hr, as well as at all points of sale selling the transport company’s tickets.
The transport company legal service is authorised to interpret these General Conditions.
The adoption of these General Conditions implies that the former General Conditions of the transport company for the transport of passengers, luggage and items in the public passenger road transport cease to be valid.
FOR THE TRANSPORT COMPANY
CEO: Hrvoje Pejković, graduate engineer
In Pula, 30 September 2019