Modlin Bus - Terms and Conditions

TERMS AND CONDITIONS OF ONLINE TICKET SALES

I. General provisions

1. The following Terms and Conditions of online ticket sales (hereinafter referred to as the “Terms and Conditions”) stipulate the terms and principles of using the online ticket sales system operated by Radosław Rzepnikowski and Janusz Sadowski acting as TRANS KINETIK Sp. z o.o. Sp. k. with the registered office in Warsaw, at ul. Pełczyńskiego 22a lok. 78, 01-471 Warsaw, Tax ID (NIP): 522-299-59-83 (hereinafter referred to as the Service Provider) conducted as part of the website www.modlinbus.pl (reference to this domain in the following Terms and Conditions shall also mean the following domains: www.modlinbus.com.pl and www.modlinbus.com).

2. Every person using www.modlinbus.pl and placing an order through this website (hereinafter referred to as the Customer) shall be obliged to read these Terms and Conditions. Unfamiliarity with the content hereof shall not exempt a Customer from the obligation of compliance with the provisions hereof.

3. Each Customer by undertaking any activities aimed at purchasing a ticket via www.modlinbus.pl confirms the fact of becoming familiar with these Terms and Conditions and confirms that they accept all of its provisions in the applicable form.

4. The content of the online ticket sales system operated by the Service Provider shall not constitute a sales offer within the meaning of Art. 66 § 1 of the Civil Code.

5. The following Terms and Conditions shall apply accordingly in the case of purchasing Tickets through agents ordering Tickets on the Customer’s request through the Carrier’s Website.

II. Customer Data

1. In order to book or purchase a Ticket through the online ticket sales system it is necessary for a Customer to provide personal data required in the registration form.

2. The Service Provider shall not be responsible for any consequences and negative effects suffered by a Customer resulting from provision of incorrect or incomplete personal data.

3. The Service Provider may withdraw from execution of an order or transaction if the data provided by a Customer during registration are incomplete (lack of name, surname, address or e-mail address), incorrect or false.

III. Personal data protection

1. Any and all personal data provided by Customers via the online ticket sales system operated by the Service Provider shall be processed and used by the Service Provider solely for the following purposes:

a. conclusion and execution of a contract, in particular, processing for the purposes of issuing an invoice, a bill or conducting financial reporting, as well as

b. if a Customers agrees, for the purposes of notifying the Customer of new products, services and promotions offered by the Service Provider within the meaning of the Act of 18 July 2002 on provision of electronic services (Journal of Laws [Dz.U.] from 2002, No. 144, item 1204 as amended).

2. The personal data administrator in the scope defined in paragraph 1 letter a and letter b above shall be the Service Provider.

3. Any and all personal data provided by a Customer to the Service Provider shall not be made available to other entities for advertising and information purposes.

4. Each Customer shall have the right to access, complete, update, correct and demand cessation of processing, removal of their personal data, if they are incomplete, outdated, false or were collected by violation of the Act or are useless for the purpose, for which they were collected. Rights and obligations of a Customer in the scope of personal data are defined by the Personal Data Protection Act of 29 August 1997 (Journal of Laws [Dz.U.] from 2002, No. 101, item 926 as amended).

5. A Customer’s provision of personal data to the Service Provider shall be voluntary. Refusal to provide personal data hinders execution of the transaction by the online sales system. By purchasing through the online sales system a Customer gives their consent to the use of their personal data in the scope required for execution of the purpose indicated by paragraph III section 1 letter a hereof.

6. Confidentiality protection of password and user name required for logging in the online sales system is an obligation of every Customer. The Service Provider shall not be responsible in the case of a Customer providing their password and user name to third parties. The Customer shall be obliged to immediately notify the Service Provider of any cases of a Customer’s passwords and user names being used by unauthorized third parties and any and all cases of violation of law or these Terms and Conditions in connection with the use of the online sales system.

7. The administrator of personal data required for execution of payment, to which Customers’ personal data are provided is PayU S.A. with the registered office in Poznań, 60-324 Poznań, ul. Marcelińska 90, entered into the register of entrepreneurs kept by the District Court Poznań Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register (KRS) under KRS No. 0000274399.

IV. Purchase

1. The online sales system of the Service Provider may be used by the Customers to place orders 24/7, every day of the year, except for the period of maintenance works on the Service Provider’s ICT system and the periods of data updates on the website. Occurrence of those periods, their commencement and conclusion shall be notified by the Service Provider on the website.

2. In order to purchase a ticket through the online sales system, the Customer selects the place of departure and destination, as well as the date and hour of journey from the available rides. Next, they indicate the form of payment for the ticket and accepts the terms and conditions required for placing an order.

3. If the Passenger intends to travel with a child who is less than 150 cm tall, he/she can mount a safety seat or other restraint device in the bus for the time of travel.

In this regard, the carrier informs that:

Child that is 0-2 years of age is carried free of charge, transported exclusively in a car safety seat or other equipment to carry children which correspond to the weight and height of the child and the technical conditions prescribed in the regulations of the European Union or in UNECE regarding car safety seat in the vehicle. A parent or a guardian traveling with a child is obliged to provide a car safety seat on their own. The child should stay in the car safety seat throughout the trip (it is not allowed to carry children on one’s hands or on one’s lap) - these should be reported to the Carrier (via e-mail and / or telephone) before traveling in order to book the seat on the bus, under pain of inability to travel. Child between 2-12 years old (<150 cm should travel in a car safety seat) is carried after paying the discounted ticket during booking.

4. Upon performance of the activities mentioned in the section above, the Service Provider shall confirm acceptance of an order by sending an e-mail to the e-mail address provided by the Customer.

5. The Service Provider’s website is available in the Polish version and communication via e-mail in order to conclude a contract shall be made in Polish. A Customer, however, can use the English version of the website.

6. The Service Provider shall immediately after the amount due for an ordered ticket is credited to the required account sent a Customer a ticket in the electronic form to the e-mail address provided by a Customer in the form on the Service Provider’s website.

7. Should a Customer establish any irregularity in the e-mail with the confirmation of the order acceptance by the Service Provider or in the ticket received by the Customer, the Customer may request the Service Provider to remove the irregularity in the manner stipulated in section 10 letter and letter b above. Regardless of the above a Customer may submit a claim or a complaint.

8. The Service Provider shall accept payment of the ticket(s) fee in the form of an online transfer or payment with a card.

9. The moment of entering into a contract of carriage by and between a Customer and the Service Provider shall be the moment of making the payment for the ticket.

10. An e-ticket shall be an electronic file which can be printed by the Customer.

11. Any information on the purchase of tickets can be obtained by a Customer by:

a. sending a request by e-mail to info@ModlinBus.pl.

b. calling: +48 22 53 53 381 (cost of calls at the operator’s rates)

12. All prices provided on the websites www.modlinbus.pl shall be in Polish zloty (PLN) are shall constitute gross values.

13. Invoices are issued on the Customer’s request. The Service Provider shall reserve 21 days for sending of a printed-out invoice. The basis for issuing an invoice shall be a written request sent to the address provided below or to the e-mail address info@ModlinBus.pl:

Trans Kinetik Sp. z o.o. Sp. k.
ul. Pełczyńskiego 22a lok. 78
01-471 Warsaw

The message should have an original receipt attached thereto and in the case of its lack, the invoice cannot be issued. In the case of invoices for electronic tickets, the request for an invoice can be sent by an e-mail.

V. Claim and complaint processing procedure

1. With respect to the matters regarding services provided by the Service Provider, A Customer shall have the right to submit a written claim or complaint to the following address:

TRANS KINETIK Sp. z o.o. Sp. k.
ul. Pełczyńskiego 22a lok. 78
01-471 Warsaw

2. Claims or complaints should contain

1) date of a claim or complaint;

2) designation of the Service Provider;

3) name and surname (or company name) and address (seat location) of the person filing a claim or complaint;

4) title and justification of a claim or complaint;

5) claimed amount or specification of a different demand;

6) list of attached documents;

7) signature of a person authorized to file a claim.

3. Should a filed claim or complaint not meet the conditions referred to in section 2 above and hinder processing of the claim, the Service Provider shall request the complainant filing the claim or complaint to remedy the deficiencies within 14 days of the receipt of the request, with an instruction that a failure to complete missing information in this time will result in the claim or complaint left unprocessed. In such a case the date of filing a complaint or a claim shall be deemed the date of receiving the claim or complaint by the Service Provider.

A reply to the complaint should be made immediately, not later than 14 days of receipt of the complaint by the Service Provider.


TERMS AND CONDITIONS OF PASSENGER CARRIAGE SERVICES PROVIDED BY TRANS KINETIK Sp. z o.o. Sp. k.

I. General provisions

1. The following terms and conditions (hereinafter referred to as “Terms and Conditions of Carriage”) defines terms and conditions of service, check-in, passenger transport and their luggage in accordance with the Transport Act of 15 November 1984 (i.e. Journal of Laws [Dz. U.] from 2012 item 1173) hereinafter referred to as the “Transport Law”.

2. The terms and conditions hereof shall apply to the licensed domestic passenger coach Carriage Services operated by Radosław Rzepnikowski and Janusz Sadowski acting as the company TRANS KINETIK Sp. z o.o. Sp. k. with the registered office in Warsaw, at ul. Pełczyńskiego 22a lok. 78, 01-471 Warsaw, Tax ID (NIP): 522-299-59-83, based on the permits for regular coach Carriage Services, including, in particular, permits for execution of regular services in the domestic road transport Modlin - Warsaw– Łódź and pursuant to the permit for execution of special regular services in the domestic road transport Warszaw - Modlin Permit 0000968/2 dated 26.09.2013 Permit 0000968/2 dated 5 November 2012 Permit 0000968/1 dated 21 August 2012 Permit 0000968 dated 1 August 2012.

II. Definitions

1. For the purposes of these Terms and Conditions of Carriage the following definitions shall apply:

a. Carrier - Radosław Rzepnikowski and Janusz Sadowski acting as Trans Kinetik Sp. z o.o. Sp. k. with the registered office in Warsaw, at ul. Pełczyńskiego 22a lok. 78, 01-471 Warsaw, Tax ID (NIP): 522-299-59-83, providing services of Passenger transport based on the permits for special regular services in the domestic road transport;

b. Ticket - a document issued by the Carrier in the form of an e-Ticket or a Regular ticket entitling the holder to a single use of the service provided by the Carrier;

c. e-Ticket - a document issued and delivered by the Carrier electronically in the form of a graphic file, which entitles the holder to a single use of the service provided by the Carrier. An e-Ticket printed out by a Passenger or a person acting on a Passenger’s request, including a Ticket sales agent, shall remain an e-Ticket;

b. Regular Ticket - a document issued by the Carrier in a Point of Sales, which entitles the holder to a single use of the service provided by the Carrier;

c. Fee - a fee for the Carriage Service provided on the Ticket;

f. Passenger - a person which holds a valid ticket for the use of a Carriage Service provided by the Carrier, in particular, a person using such a service based on a valid ticket and a child under 2 carried on a lap of a parent or a guardian.

g. Luggage - movable objects placed in a suitable packaging taken on board by a Passenger;

h. Hold Luggage - luggage of maximum weight of 30 kg carried in the luggage hold;

i. Hand Luggage - luggage whose dimensions allow for placing the luggage under the seat or on a shelf above a Passenger’s seat. The luggage cannot obstruct the aisle, emergency exits or be placed on a seat during the journey;

j. Carriage Service - a Carriage Service provided by the Carrier, including Luggage transport, from the selected departure place to the place of destination indicated in the Ticket;

k. Contract of Carriage- an agreement concluded by and between the Carrier and a Passenger upon a Passenger’s purchase of the Ticket, in accordance with which the Carrier shall transport the Passenger together with their Luggage from the selected departure place to the place of destination indicated in the Ticket, on conditions included in the Terms and Conditions of the Carriage Service;

l. Point of Sale - a point of Ticket sale that belongs to the Carrier’s own distribution network.

m. Carrier’s Website – a Carrier’s website registered at: www.modlinbus.pl, www.modlinbus.com.pl and www.modlinbus.com, through which the Carrier offers the e-Ticket sales system.

n. Booking Fee – administrative fee in the amount of 1 zloty for one booking, regardless of the number of purchased tickets.

III. Passenger

1. A Passenger shall be obliged to comply with the provisions of the Terms and Conditions of Carriage, and in particular:

a. to hold a valid Ticket at the check-in time,

b. to arrive at the place of departure at least 15 minutes before the scheduled time of the transfer,

c. to prepare the Luggage in such a way so as not to pose any risk to the safety of other Passengers,

d. to place the Luggage which is not Hand Luggage in the right luggage hold of the coach,

e. to fasten the seat belt and use them in accordance with their intended purposes,

f. not to consume alcoholic beverages, smoke and take any substances (e.g. drugs) on board of the coach.

g. in the case of purchasing a Ticket in order to arrive at the airport before a flight, a Passenger shall be obliged to choose such a ride, whose estimated time of arrival at the airport is at least 2 hours before their plane departure, taking into account potential atmospheric conditions and traffic.

2. If the Passenger intends to travel with a child who is less than 150 cm tall, he/she can mount a safety seat or other restraint device in the bus for the time of travel.

In this regard, the carrier informs that:

Child that is 0-2 years of age is carried free of charge, transported exclusively in a car safety seat or other equipment to carry children which correspond to the weight and height of the child and the technical conditions prescribed in the regulations of the European Union or in UNECE regarding car safety seat in the vehicle. A parent or a guardian traveling with a child is obliged to provide a car safety seat on their own. The child should stay in the car safety seat throughout the trip (it is not allowed to carry children on one’s hands or on one’s lap) - these should be reported to the Carrier (via e-mail and / or telephone) before traveling in order to book the seat on the bus, under pain of inability to travel.

Child between 2-12 years old (<150 cm should travel in a car safety seat) is carried after paying the discounted ticket during booking.

3. An underage person must travel with a legal representative. For the fulfillment of all obligations while traveling through the minor suits her legal representative,

4. The statutory representative an underage person is obliged to control the content of which the underage person use by monitors available on the bus or wi-fi providing access to the Internet.

IV. Luggage

1. Every passenger can take on board a maximum of two pieces of Luggage, including:

a. one piece of Hold Luggage,

a. one piece of Hand Luggage.

2. Furthermore, the Carrier enables a Passenger a possibility of transporting sport equipment (bicycle, snowboard, etc.) if and only if it is possible to place it in the luggage hold and packaging, which enables save journey.

3. The transportation service specified in sections 1 and 2 above shall exclude:

1) objects whose transport is forbidden pursuant to separate legal regulations;

2) dangerous objects or objects that may cause harm to people or property;

3) corpse and human remains.

4. In the case of a reasonable suspicion, the Carrier may check whether the content of luggage does not violate the provisions of section 3 above. Should a Passenger not report to participate in the inspection or cannot be found, inspection shall be performed in the presence of persons designated by the Carrier to this purpose.

5. Should any violation of section 3 be determined, the costs related to the inspection shall be borne by the Passenger.

6. The Carrier may refuse to accept as luggage any objects that due to their condition of properties may be damaged or destroyed during the transport if the packaging used is not sufficient or if no required packaging has been provided.

7. The Carrier shall not accept for storage any deposits of money, securities and valuable objects, in particular valuables or objects of scientific or artistic value. The Passenger may transport the above-mentioned objects only in their Hand Baggage under their own supervision. The Carrier shall not be responsible for any loss or damage of the above-mentioned objects, unless such a damage or loss was caused by willful misconduct or gross negligence of the Carrier.

8.The amount of compensation payable by the Carrier for loss or damage to property cannot exceed the normal value of things. In the case of the carriage of goods with value greater than 500.00 (five hundred) zloty especially electronic equipment, the Passenger must insure them on their own and report the fact to the personnel prior to placing the luggage in the hold.

9. Any baggage left in the vehicle after a completed bus ride on a given route, if, subject to the regulations on lost and found objects, it has not been handed over to the right authority yet, shall be released to the authorized Passenger against acknowledgement of receipt by the Passenger, upon proving the Passenger’s right to collect the Baggage. Objects left in vehicles out of forgetfulness or other reasons shall not be covered by protection or liability of the Carrier, unless the damage was caused by fault of the Carrier.

10. The Carrier shall not be responsible for any baggage or objects outside the baggage compartment, unless the damage was caused by fault of the Carrier.

V. Carrier

1. Pursuant to these Terms and Conditions of Carriage, the Carrier shall:

a. perform the Carriage Service by coach, which includes transport of a Passenger and their Luggage, in accordance with the Contract of Carriage in the route specified in the Ticket.

b. ensure safety and hygienic conditions, comfort as well as proper service during provision of the Carriage Service.

2. The Carrier shall have the right to refuse to provide a Carriage Service or refuse continuation of transport if:

a. a Passenger does not comply with the transport law regulations or terms and conditions of the Contract of Carriage and the Terms and Conditions,

b. a Passenger is in a state or acts in a manner that could affect the safety or comfort of other Passengers; in particular, the Carrier may not allow carriage or may refuse further carriage of a Passenger who by their behavior disturbs the public order, acts offensively, insultingly or aggressively, unless such refusal to provide the Carriage Service or to further carry a Passenger violates social principles.

3. The Carrier reserves the right to commission the Carriage Service to other carriers.

4. The Carrier shall not be liable for any delays resulting from fortuitous events and traffic events beyond their control.

5. Carrier reserves the right to update the timetable, while varying the already made reservations.

6. In the event of any delay of arrival of the last scheduled plane at the Warsaw-Modlin Airport on a given day, the Carrier reserves the right to delay departure of the last coach from the Warsaw-Modlin Airport scheduled in the timetable on that day in order to enable passengers whose flight has been delayed use the Carrier’s service directly after their arrival. In the event of the aforementioned delay all Passengers who purchased the Ticket for the delayed coach before the Carrier’s announcement of a delayed coach departure shall be entitled to return their Ticket until the start of coach departure and to receive a refund of the total Ticket fee.

7. The Carrier on selected routes (eg. Łódź, Bydgoszcz, Toruń, Włocławek, Płock) provides the ability to use of the monitors available in the seats. The passenger can watch videos from the set of films available on the monitors by the Carrier and the use of monitors to use the internet via wi-fi. Purchase a ticket for the indicated route does not guarantee a seat with access to the monitor because one of the seats is without access to the monitor.

8. In the case of journeys made on the route referred to in paragraph. 7 above, the Carrier is entitled to substitute for the purpose of carriage coach or bus not equipped with monitors when bus equipped with monitors is unavailable for reasons of service.

VI. Ticket

1. Only a valid Ticket held by a Passenger at the moment of check-in, and during the journey, shall be a document entitling to the service with Luggage on conditions described in the following Terms and Conditions of Carriage.

2. The Carrier sells Tickets through the online sale system available at the Carrier’s Website in accordance with the Terms and Conditions of Online Ticket Sales and at a Point of Sales. Tickets may also be sold by agents purchasing Tickets on a Passenger’s request on the Carrier’s Website.

2a. A Booking Fee is charged for booking on the Website of the Carrier.

3. A purchase of a Ticket shall oblige a Passenger to pay the Fee.

4. Tickets issued by the Carrier shall bear a holder’s name and may not be re-sold by Passengers.

5. Regular Tickets or e-Tickets must be shown by a Passenger to the coach crew representing the Carrier for verification purposes. It is a condition for using the Carriage Service. Such a ticket must be presented upon request in the case of a check carried out by authorized employees representing the Carrier.

6.The ticket is valid for the place and time specified at the time of purchase (valid starting point described on the ticket as "From", departure date and departure time). The ticket does not entitle to start the journey from stops other than the starting point.

7. After the Departure Date and the Departure Time, the ticket becomes invalid.

8. The ticket authorizes to travel from the initial stop to a given destination, without the possibility to leave the vehicle at intermediate stops. In the case when a passenger leaves the vehicle at an intermediate stop, the Carrier reserves the right to wait for a maximum of 5 minutes, counted from the planned departure time, and then to depart from the intermediate stop.

9. Invoices are issued on the Customer’s request. The Service Provider shall reserve 21 days for sending of a printed-out invoice. The basis for issuance of an invoice shall be a written demand sent to the following address:

Trans Kinetik Sp. z o.o. Sp. k.
ul. Pełczyńskiego 22a lok. 78
01-471 Warsaw.

The message should have an original receipt attached and in the case of a lack, the invoice cannot be issued. In the case of invoices for electronic tickets, the request for an invoice can be sent by an e-mail.

10. A parent or a guardian travelling with a child under the age of 2 shall carry with the child on their lap or in a child safety seat.

11. Carriage of a child under the age of 2 on a parent’s or guardian’s seat shall not be subject to any additional fee.

12 A child at the age from 0 to 12 travelling depending on their age on a passenger seat or a safety child seat shall be entitled to a Concessionary Ticket.

13. The remaining Passengers shall be obliged to purchase Full-fare Tickets.

14. The number of seat specified on the ticket is informative. In justified situations, the Passenger may be asked to change the occupied seat by the ModlinBus/OKBus Driver or Worker.

15. The passenger is obliged to hold a valid ticket (in traditional or electronic form) until the end of the journey.

VII. Change and return of a ticket

1. Until the departure date provided on the ticket a Passenger may request a change of departure date or time. However, such a change may be introduced only if there are still seats available for the new journey indicated by a Passenger.

2. In order to change the travel date or time, a Passenger shall be obliged to enter their reservation number (provided on the ticket) to the field “ZMIANA REZERWACJI” (change the reservation) on www.modlinbus.pl or www.modlinbus.com. Select the “Zmień Termin Przejazdu” (change the travel date) option and select a new departure date and time. If the ticket is more expensive then the previously purchased ticket, a Passenger shall be obliged to settle the amount due. The system shall automatically calculate the additional fee.

NOTE! A reservation date shall only be changed by Passengers themselves. Reservations shall not be changed by the personnel (neither by e-mail nor phone). It cannot also be done through the hotline.

3. If there is no possibility of changing the travel date or time, a Passenger may, at their own discretion, decide whether to keep their Ticket or return it in accordance with the ticket return rules stipulated below.

4. A Ticket can be returned before departure.

5.a) In the case of an electronic ticket refund via www.modlinbus.pl, the Carrier does not charge a compensation fee if the return is up to 24 hours before the planned trip. If the ticket is returned less than 24 hours before the planned trip, the Carrier shall charge a compensation fee in the amount of 90% of the gross value of each returned Ticket.

b) In the case of a Ticket return made at a salespoint, the Carrier shall not charge a compensation fee if it is returned not later than 24 hours before the planned journey. If the Ticket is returned less than 24 hours before the journey, the Carrier shall charge a compensation fee in the amount of 90% of the gross value of each returned Ticket. In the event of returning Tickets purchased through agents participating in the purchase of the Ticket all the remaining fees paid by the Passenger besides the Ticket price shall not be subject to refund.

6. In the case of return (cancellation) of the Electronic Ticket purchased on the Website of the Carrier, the Booking Fee will not be refunded.

7. A Customer may return a Regular Ticket:

a) at a Point of Sale

or

b) entering the "Manage Your Reservation" on page www.modlinbus.pl

c) by sending a legible scan or a photo of a signed declaration (download here: WORD version, PDF version), the Ticket, confirmation of payment or other proof of purchase together with specification of the account number to which the refund should be transferred, to the e-mail address:info@modlinbus.pl.

8. An e-Ticket can be returned:

a) at a Point of Sale (Not applicable to affiliated ModlinBus Sales Agencies)

or

b) entering the "Manage Your Reservation" on page www.modlinbus.pl

c) by sending a legible scan or a photo of a signed declaration (download here: WORD version, PDF version), the Ticket, confirmation of payment or other proof of purchase together with specification of the account number to which the refund should be transferred, to the e-mail address:info@modlinbus.pl.

9. Neither a return of the Ticket nor a change of the travel date can be reported through the agents participating in Passengers’ purchase of the Tickets.

10. The time of submission of the declaration with legible scans or photos referred to in sections 6 and 7 above shall be the moment at which the Carrier receives an e-mail containing the set of scans or photos.

11. Should the scans or photos sent by e-mail not meet the legibility condition and hinder the Return of the Ticket, the Carrier shall request the entity submitting the Return to perform scans or take a photo again within 3 working days of the date of receipt of the request, subject to the provision that a failure to do the above in the aforementioned time shall result in the Return not being processed. In such an event the data of submitting a Return request shall be the date of receipt of a completed e-mail with a full set of scans or photos.

12. The Ticket fee shall be returned by the Carrier via a wire transfer or a return of the amount due to the card account (in the event of payments by a card) not later than 14 days of receipt of the e-mail with legible scans or photos.

13. In the event of a Ticket return due to reasons attributable to the Carrier, the Carrier shall be obliged to return the full Ticket fee.

14. In the event of a flight cancellation or redirection to an airport other than Warsaw-Modlin due to reasons beyond the Carrier’s control (force majeure, fog, snowstorm, etc.), the Ticket cannot be returned. It is possible, however, to change the travel date, but it must be done before the departure date specified in the Ticket subject to availability of seats on a given service.

15. In the event of a delay resulting from fortuitous events, as well as traffic events, the Ticket cannot be returned.

16. Should a Passenger be late for a given ride due to their own fault or as a result of a delayed arrival, the Ticket cannot be returned.

17. In the event of a delay resulting from random events, the Passenger who purchased the ticket for the subsequent course on the same day may apply for a refund of the unused ticket.

18. Return is made after sending to Customer Service (e-mail: info@modlinbus.pl): scan or photo of unused ticket, scan or photo of ticket purchased for later course and delayed flight number. If the unused ticket was purchased in the traditional way, you must also include your bank account number for return.


VIII. Claim and complaint handling procedure

1. A Passenger shall have the right to submit a written claim or complaint on matters concerning the Carrier’s services by sending it to the following address:

Trans Kinetik Sp. z o.o. Sp. k.
ul. Pełczyńskiego 22a lok. 78
01-471 Warsaw

2. Claims or complaints should contain

1) date of a claim or complaint;

2) Carrier designation

3) name and surname (or company name) and address (seat location) of the person filing a claim or complaint;

4) title and justification of a claim or complaint;

5) claim amount (separate for every transport document);

6) list of attached documents;

7) signature of a person authorized to file a claim.

3. A loss or damage of a Passenger’s Luggage during the coach journey should be immediately reported to the coach crew by a Passenger in order to draw up a claim report.

4. A Luggage loss or damage report should be signed by all persons participating in establishment of a Passenger’s Luggage.

5. Should any of the persons participating in drawing up of the report not agree with its content, they should include all their reservations in it.

6. A reply to the complaint should be made immediately, not later than 30 days of receipt of the complaint by the Carrier.

7. The complaint should include, depending on the subject of claim, attached original documents concerning the entry into the contract of carriage (in particular the Ticket, consignment letter, luggage registration voucher, documents confirming acceptance of objects other than the shipment for transport) and confirmed copies of other documents related to the type and amount of the claim, including documents confirming the rights to free or concessionary rides.

8. Should a filed claim or complaint not meet the conditions referred to in sections 6 - 7 above and hinder processing of the claim, the Carrier shall request the complainant filing the claim or complaint to remedy the deficiencies the within 14 days of the receipt of the request, with an instruction that a failure to complete missing information in this time will result in the claim or complaint left unprocessed. In such a case the date of filing a complaint or a claim shall be deemed the date of receiving the claim or complaint by the Carrier.

IX. Transport of animals

1. It shall be forbidden to transport animals in carrier’s coaches, except for a guide dog assisting a disabled person.

2. A guide dog should be equipped with a harness bearing a visible writing “Pies asystujący” (an assistance dog) and have a certificate confirming the status of the assistance dog as well as certificates of performed veterinary vaccinations. A disabled person shall not be obliged to put a muzzle on the assistance dog and keep it on a leash.


TERMS AND CONDITIONS OF USING FREE INTERNET ACCESS (WIFI) AND ADDITIONAL SERVICES

1. The following Terms and Conditions stipulate terms and principles of using the Internet access via Wi-Fi and Additional Services provided by the Service Provider (boarding pass print-out and passenger online check-in).

2. For additional services the Service Provider shall charge fees in the amount specified in the service price list available in every coach.

3. A Passenger who wishes to use the Wi-Fi Services shall read these Terms and Conditions. The use of the Wi-Fi Service shall be equivalent to acceptance of terms and principles contained herein.

4. Upon acceptance hereof a Passenger shall proceed in the web search to the website www.modlinbus.pl with an option for further free use of Wi-Fi and Additional Services.

5. A Passenger who uses the Wi-Fi service is its User.

6. A User shall not be allowed to use the Wi-Fi Service for illegal purposes, in particular:

a. sending and sharing contents that violate any personal rights,

b. download and share contents violating copyrights of third parties (e.g. software, films, music, etc.), contents of a racist character, pornographic content, etc.,

c. send advertising contents unordered by customers (spam),

d. deliberately spread computer viruses and other programs that can damage computers of other Internet users or storage of data,

e. obtain unauthorized access to IT system resources of other Internet users.

7. A User shall bear the exclusive responsibility for the manner in which the Wi-Fi Service is used, including its content and the content of messages sent, taking into account the possible criminal liability for any illegal acts.

8. The statutory representative an underage person is obliged to control the content of which the underage person use by monitors available on the bus or wi-fi providing access to the Internet.

9. The carrier on the route from Bydgoszcz-Torun-Wloclawek-Plock-Modlin-PKiN-Okecie provides the opportunity to use the monitors which are available in 48 of the 49 seats. The passenger can watch videos from the set of films made available on the monitors by the Carrier and the use of monitors to use the internet via wi-fi. Buying a ticket for the indicated route does not guarantee a place with access to the monitor because one of 49 seats is without the access to the monitor.

10. In the case of journeys made on the route referred to in paragraph 9, the Carrier is entitled to substitute for the purpose of carriage coach or bus not equipped with monitors when bus equipped with monitors is unavailable for reasons of service.

11. In the event of any violation hereof by a User, as well as the misuse of Wi-Fi Service, the Service Provider shall have the right to deprive a User their access to it.

12. Due to the moving of coaches during the use of Wi-Fi, the Service Provider shall not guarantee:

a. uninterrupted proper functioning of the Wi-Fi Services,

b. fixed bandwidth and other of its parameters,

c. availability of all network services

13. The Service Provider shall not be responsible for:

a. unauthorized use by a User of software and other works that are subject to intellectual property protection of contents available on the Internet,

b. reduced bandwidth, as well as temporary lack of Internet access through Wi-Fi network and a temporary lack of access to Additional Services.

c. any damage caused by delays in receipt or transfer of data caused by lack of transmission, incorrect transmission, delays or interruptions in the access to the Wi-Fi Service,

d. any damage caused by a User’s use of the software supplied by third parties via the Internet,

e. any damage constituting a consequence of making available to third parties of such data as: logins, user names, passwords, etc.

f. damage caused by a lack of possibility to use Additional Services as a consequence of bandwidth limitation or temporary lack of connection with the Internet due to technical reasons,

g. lack of wireless access to the Internet in the event of a necessity to transport Users by a replacement coach,

h. incompatibility of a User’s computer with the wireless infrastructure,

i. privacy policy of websites other than the Service Provider’s website.

14. The exclusions enumerated in paragraph 10 above shall not include damage caused deliberately by the Service Provider or persons for which the Service Provider is responsible.

15. The Service Provider shall not provide Users with support in the scope of computer and IT services operation.

16. The radio transmission of data as part of the Wi-Fi Service is not encrypted.

17. In order to be able to use the Wi-Fi Service and Additional Services, the Service Provider may use cookie files at each connection of a User’s computer to the network made available by the Service Provider.

18. Pursuant to the Personal Data Protection Act dated 29 August 1997 (i.e. Journal of Laws [Dz.U.] from 2002, No. 101, item 926 as amended). The Service Provider shall be the administrator of the personal data of a User using the Wi-Fi Service. The Service Provider shall be obliged to keep a User’s personal data confidential. Exception to the above provision shall be a situation in which a User authorizes the Service Provider to disclose their personal data to other entities or such authorization shall result from law.

19. Personal data of Users shall be collected and stored by the Service Provider for statistical purposes and upon consent of a User for marketing purposes.

20. Each User shall have the right to access, complete, update, correct and demand cessation of processing, removal of their personal data, if they are incomplete, outdated, false or were collected by violation of the Act or are useless for the purpose, for which they were collected. Rights and obligations of a User in the scope of personal data are defined by the Personal Data Protection Act of 29 August 1997 (i.e. Journal of Laws [Dz.U.] from 2002, No. 101, item 926 as amended).

21. To matters not settled herein, generally applicable law regulations as well as the Terms and Conditions of Online Ticket Sales available at www.modlinbus.pl in the Terms and Conditions tab shall apply.



TERMS AND CONDITIONS OF "SAFE TRANSFER" SERVICE

I. General provisions

1.The Terms and Conditions apply to the service for passengers of the ModlinBus and OKBus bus line, called "Safe Transfer".

2. Provision of passenger carriage services and purchase of tickets is subject to the terms specified in the Terms and Conditions of passenger carriage services of Trans Kinetik Sp. z o.o. Sp. k. and the Terms and Conditions of ticket sales available on the web site www.modlinbus.pl in the tab "[Terms and Conditions]".


II . Service principles

1. The Recipient of "Safe Transfer" service may be only a person having full capacity to be a party in legal acts.

2. The offer cannot be used by legal persons, organizational units, or natural persons purchasing tickets of ModlinBus or OKBus in connection with business activities.

3. The condition to use the "Safe Transfer" offer is for the participant to specify true data required in all fields concerning purchase of electronic tickets at www.modlinbus.pl. The Organizer may prevent persons who state the untrue or incomplete data from using the service.

4. The "Safe Transfer" special offers applies to purchase of additional services, when purchasing electronic tickets, authorizing the buyer to return any amounts due for the purchased ticket or to use the offer of a taxi carrier, in accordance with the Terms and Conditions available at www.modlinbus.pl.

5. The person purchasing an additional service may use the following guarantees.

5a. "Safe Transfer - Refund of the cost of your ticket". The passenger having purchased the "Refund of the cost of your ticket" service is authorized to a 100% refund of the value of the Electronic Ticket, in the case of delay in the bus departure from the initial stop, by minimum 35 minutes, in respect to the timetable available at https://www.modlinbus.pl/strony/page/rozklad-jazdy, taking into account UTC time (PL, official time for official applications, published by the National Office of Measures). The refund is made based on mail or phone notification at info@modlinbus.pl or at 22 290 50 90.

5b. Safe Transfer - Airport transfer by taxi. The passenger having purchased the "Airport transfer by taxi" service is authorized to travel using an alternative carrier (a taxi or alternative means of transport) at the expense of the Carrier, in the case of delay in the bus departure from the initial stop, by minimum 35 minutes, in respect to the timetable available at https://www.modlinbus.pl/strony/page/rozklad-jazdy, taking into account UTC time (PL, official time for official applications, published by the National Office of Measures). The service covers a route from the initial stop to the final stop, in accordance with the Carriage Service.

The taxi service is ordered automatically by the Customer Service, without the need for contact on the part of the Passenger. Information about the taxi order and the time of arrival at the stop are transferred by a text message, in accordance with the phone number specified when purchasing the Electronic Ticket.

5c. Safe transfer - Combined offer – airport transfer by taxi plus refund of the cost of your ticket. The passenger having purchased the "Combined offer – airport transfer by taxi plus refund of the cost of your ticket" service is authorized to travel using an alternative carrier (a taxi or alternative means of transport) at the expense of the Carrier, as well as a 100% refund of the value of the Electronic Ticket, in the case of delay in the bus departure from the initial stop, by minimum 35 minutes, in respect to the timetable available at https://www.modlinbus.pl/strony/page/rozklad-jazdy, taking into account the UTC time (PL, official time for official applications, published by the National Office of Measures). The refund is made in accordance with item 5a of the present Terms and Conditions of the service.

6. The refund of payment for the Safe Transfer service is made in accordance with chapter: VII. Change and return of a ticket.

7. The Organizer is not responsible for impediments related to functioning of the "Safe Transfer - Airport transfer by taxi." and "Safe transfer - Combined offer – airport transfer by taxi plus refund of the cost of your ticket" services resulting from the fault of the Organizer.


III. Final provisions

1.The content of the present Terms and Conditions will be available for the participants on web pages www.modlinbus.pl, at all times throughout the service duration.

2.The Organizer reserves the right to cancel the sale of the "Safe Transfer" service without specifying the reason. Tickets purchased during the bonus sales remain valid and entitle to use the Carrier's service.

3. Any cases not regulated in these Terms and Conditions are covered by valid regulations of the law as well as TERMS AND CONDITIONS OF PASSENGER CARRIAGE SERVICES PROVIDED BY TRANS KINETIK Sp. z o.o. Sp. k." and TERMS AND CONDITIONS OF ONLINE TICKET SALES available at www.modlinbus.pl in the tab [Terms and Conditions].


TERMS AND CONDITIONS OF THE “YOU PLAN - YOU GAIN!” PROMOTION

I. General provisions

1. The following Terms and Conditions concern a promotional offer for passengers of ModlinBus coach executed under the name “Planujesz - Zyskujesz!” (“You Plan - You Gain!”).

2. Provision of passenger Carriage Services and a purchase of tickets shall be subject to the principles stipulated in the Terms and Conditions of Passenger Carriage Services by TransKinetik Sp. z o.o. Sp. k. and the Terms and Conditions of Online Ticket Sales available at www.modlinbus.pl in the “Terms and Conditions” tab.

II. Promotion rules

1. Only a person with full legal capacity can participate in the “You Plan - You Gain!” promotion.

2. Persons who cannot participate in the Promotion shall include legal persons, organizational units or natural persons who purchase ModlinBus tickets in connection with operation of a business.

3. A prerequisite for participation in the “You Plan - You Gain!” promotion is provision by a Participant of real data required in all fields concerning a purchase of electronic tickets on www.modlinbus.pl. The promotion organizer shall have the right to exclude participation in promotion of persons who provide false or incomplete data.

4. The “You Plan - You Gain!” promotion concerns the sale of e-Tickets that entitle the buyer to use the passenger and luggage Carriage Service provided by the Organizer on all coach routes pursuant to the Terms and Conditions available at www.modlinbus.pl.

5. The terms and conditions of the bonus sales apply to e-Tickets sold at the promotional price from PLN 9.00 to PLN 20.00 gross (plus PLN 1.00 of an operational fee added to every ticket) available to every participant of the promotion, who as first purchases the ticket for a selected ride through the website www.modlinbus.pl.

6. The priority of promotional ticket purchase at the price from PLN 9.00 to PLN 20.00 gross shall be established at the time of registration by the ticket sales system. The Organizer shall not be responsible for any impediments related to the operation of the e-Ticket sales system at www.modlinbus.pl, which are beyond the Organizer’s control.

III. Final provisions

1. The content hereof shall be available for participants on Internet websites www.modlinbus.pl throughout the entire period of promotion.

2. The organizer reserves the right to withdraw the bonus sales of the “You Plan - You Gain” promotion without providing the reason. The tickets purchased during the bonus sales shall remain valid and shall entitle the buyer to use the Carrier’s services.

3. To matters not settled herein, generally applicable law regulations as well as the provisions of the “Terms and Conditions of Carriage” and the “Terms and Conditions of Online Ticket Sales” available at www.modlinbus.pl in the Terms and Conditions tab shall apply.