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For the purposes of these Terms and Conditions of Carriage the following definitions shall apply:
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a. Carrier – Radosław Rzepnikowski and Janusz Sadowski acting as Trans Kinetik Sp.
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z o.o.
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Sp.
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k. with the registered office in Warsaw, at ul.
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Pełczyńskiego 22a lok.
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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;
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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;
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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.
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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;
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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;
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c. Fee – a fee for the Carriage Service provided on the Ticket;
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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.
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g. Luggage – movable objects placed in a suitable packaging taken on board by a Passenger;
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h. Hold Luggage – luggage of maximum weight of 30 kg carried in the luggage hold;
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i. Hand Luggage – luggage whose dimensions allow for placing the luggage under the seat or on a shelf above a Passenger’s seat.
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The luggage cannot obstruct the aisle, emergency exits or be placed on a seat during the journey;
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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;
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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;
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l. Point of Sale – a point of Ticket sale that belongs to the Carrier’s own distribution network.
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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.
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III.Passenger
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1.
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A Passenger shall be obliged to comply with the provisions of the Terms and Conditions of Carriage, and in particular:
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a. to hold a valid Ticket at the check-in time,
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b. to prepare the Luggage in such a way so as not to pose any risk to the safety of other Passengers,
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c. to place the Luggage which is not Hand Luggage in the right luggage hold of the coach,
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d. to fasten the seat belt and use them in accordance with their intended purposes,
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e. not to consume alcoholic beverages, smoke and take any substances (e.g. drugs) on board of the coach.
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f. 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.
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2.
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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.
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In this regard, the carrier informs that:
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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.
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A parent or a guardian traveling with a child is obliged to provide a car safety seat on their own.
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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.
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Child between 2-12 years old ( 3.
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An underage person must travel with a legal representative.
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For the fulfillment of all obligations while traveling through the minor suits her legal representative,
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4.
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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.
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IV.Luggage
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1.
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Every passenger can take on board a maximum of two pieces of Luggage, including:
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a. one piece of Hold Luggage,
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a. one piece of Hand Luggage.
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2.
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Furthermore, the Carrier enables a Passenger a possibility of transporting sport equipment (bicycle, snowboard, etc.)
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if and only if it is possible to place it in the luggage hold and packaging, which enables save journey.
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3.
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The transportation service specified in sections 1 and 2 above shall exclude:
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1) objects whose transport is forbidden pursuant to separate legal regulations;
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2) dangerous objects or objects that may cause harm to people or property;
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3) corpse and human remains.
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4.
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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.
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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.
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5.
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Should any violation of section 3 be determined, the costs related to the inspection shall be borne by the Passenger.
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6.
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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.
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7.
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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.
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The Passenger may transport the above-mentioned objects only in their Hand Baggage under their own supervision.
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8.The amount of compensation payable by the Carrier for loss or damage to property cannot exceed the normal value of things.
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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.
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9.
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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.
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10.
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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.
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V.Carrier
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1.
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Pursuant to these Terms and Conditions of Carriage, the Carrier shall:
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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.
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b. ensure safety and hygienic conditions, comfort as well as proper service during provision of the Carriage Service.
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2.
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The Carrier shall have the right to refuse to provide a Carriage Service or refuse continuation of transport if:
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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,
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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.
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3.
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The Carrier reserves the right to commission the Carriage Service to other carriers.
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4.
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The Carrier shall not be liable for any delays resulting from fortuitous events and traffic events beyond their control.
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5.
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Carrier reserves the right to update the timetable, while varying the already made reservations.
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6.
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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.
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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.
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7.
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The Carrier on selected routes (eg.
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Łódź, Bydgoszcz, Toruń, Włocławek, Płock) provides the ability to use of the monitors available in the seats.
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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.
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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.
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8.
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In the case of journeys made on the route referred to in paragraph.
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6 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.
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VI.Ticket
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1.
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Only a valid Ticket held by a Passenger at the moment of check-in shall be a document entitling to the service with Luggage on conditions described in the following Terms and Conditions of Carriage.
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2.
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