1. Initial Provisions
1.1. The general terms and conditions for the transportation of passengers and the organization of transportation of passengers (hereinafter referred to as: General Terms) ProTour, Ledina 90A, 8290 Sevnica (hereinafter referred to as: the Transport Operator) are the integral parts of the offer and contract on the transportation of passengers and luggage, concluded between the Transport Operator and the Contracting Entity, the contracting party. The Contracting Entity may be a natural person or a legal entity (travel agency, hotel, company etc.) that concludes a written contract on the transportation on behalf of the passenger (hereinafter referred to as: the Intermediary). The Intermediary is a company, the Contracting Entity, but not the service user. The Contracting Entity shall also settle the cost of the transportation.
1.2. The General Terms shall form the integral part of all contracts concluded between the Transport Operator and the Contracting Entity. The Contract (hereinafter referred to as: the Contract) shall be regarded as concluded when the Contracting Entity expressly consents to and agrees with these General Terms. The Contracting Entity also expressly agrees that the Contract and the General Terms apply exclusively to all legal relationships between the Contracting Entity and the Company. The Contract shall be concluded when the Transport Operator receives a confirmation statement by the Contracting Entity. The confirmation may be given by whatever means: by phone, via e-mail, orally, or in writing.
1.3. The General Terms are published on the website studio-h.si/protour and in physical form at the Company’s headquarters. The Contracting Entity is familiarized with the General Terms through the text of the Contract itself. In this context it is considered that the Contracting Entity is familiarized with the General Terms and, by concluding the Contract, the Contracting Entity declares that they have read the General Terms and have been fully acquainted with them.
2. General
2.1. The subject matter of the Contract is the national and international road transportation of passengers and luggage. By concluding the transportation contract, the Transport Operator undertakes to transport the Contracting Entity and their luggage to the desired destination and the Contracting Entity undertakes to pay the Transport Operator the appropriate fare. ProTour offers two kinds of transportations: a door-to-door collective transportation, where the Transport Operator collects passengers at the same location, and a private transportation, where the individual or a group sets the route, travel time, points of entry and exit etc. We do not take on additional passengers on such transportations. Due to combining the requests of passengers with similar wishes, the collective transportations may include waiting or stops at individual locations (airports, train and bus stations, accommodations etc.). The stops shall last 5-10 minutes on shorter routes (up to 200km) and 20-30 minutes on longer routes (over 200km). The time and number of stops may be arranged differently by a prior agreement. If the Contracting Entity requires transportation of a group of children, they must notify the Transport Operator about this fact before the transportation. In such case, the Contracting Entity must also provide an appropriate chaperon (teacher). Children from the same family and a group of up to four school-age children shall not be regarded as a group of children.
2.2. Luggage: an individual passenger is allowed to bring three pieces of luggage with a total weight of 35kg. The maximum allowed luggage dimensions are: 1 piece measuring 85x60x35 cm and 2 pieces measuring 65x45x25 cm. The passenger must notify the Transport Operator about larger or heavier luggage. Otherwise, the Transport Operator may reject the transportation of such luggage without compensation if the weight or dimensions of the luggage exceed the above stated values and the driver does not have sufficient space in the vehicle. The passenger or the Contracting Entity may not carry dangerous substances, objects that may cause an accident, or illegal substances in their luggage. If the luggage is not picked up at the destination, the Transport Operator is obligated to store the luggage at the passenger’s expense.
2.3. Withdrawal from the Contract and the Cancellation of the Transportation: Refund for a cancellation is only possible for private transportations if the Contracting Entity notifies the Transport Operator about the cancellation up to 24 hours before the scheduled transportation. In the case of a group transportation, a single cancellation shall not be refunded, as the transportation shall be carried out due to other passengers who have reserved the vehicle. In the case of a collective transportation, there is a wait period of 15 minutes for late passengers. In the event of a breakdown, we shall attempt to repair the vehicle or provide a replacement within three hours. If that is not possible, the Contracting Entity has two options: they may request a transportation to the point of entry and a refund of the fare, or they may withdraw from the contract at the breakdown point and request a refund of the fare. If the transportation is cancelled due to ‘force majeure’ (bad weather conditions, congestions etc.) and if the transportation is not possible, the Transport Operator shall not be liable for the incurred damage nor are they obligated to refund the fare. If the Contracting Entity missed any subsequent transportation due to the Transport Operator’s delay, the Transport Operator must provide subsequent transportation to the Contracting Entity at their own expense. The Transport Operator reserves the right to minor deviations of departure and arrival times which may result from waiting for other passengers, traffic, and other unpredictable factors.
2.4. Removing Passengers from the Transportation: the Transport Operator is obligated to accept any person except persons whose behavior suggests that they may obstruct the fulfilment of obligations to other passengers. The Transport Operator may remove passengers who harass other passengers or who do not comply with the rules on law and order. In both cases, the Transport Operator is not obligated to refund the fare. When the vehicle is in motion, the passengers may not open the doors of the vehicle, throw objects inside or outside of the vehicle, obstruct other passengers when entering and exiting the vehicle, smoke, destroy or steal equipment, pollute, or otherwise damage the vehicle or the property of other passengers.
3. Prices and Payment Conditions
3.1 The Contracting Entity and the Transport Operator shall agree on a price in accordance with the price list published on the website or a prior agreement stated in the Contract in the case of transportation to special destinations or under modified conditions. Accident insurance of passengers is included in the price.
3.2. The Transport Operator may charge statutory interest and recovery costs for late payments in accordance with the Act on Prevention of Late Payments. These costs are not included in the enforcement costs of any legal proceedings.
3.3. The same payment condition applies to all companies with a poor payment discipline, blocked checking account, or outstanding past obligations.
3. Final Provisions
3.1. These General Terms apply from 30/11/2018 until termination or an amendment.
3.2. Any change to the General Terms is valid only if published on the website studio-h.si/protour and accessible to the Contracting Entity in the same way as these General Terms. In any case, the General Terms with which the Contracting Entity was acquainted at the time of the conclusion of the Contract apply. Changes made to the General Terms during the validity period of the contractual relationship between the Transport Operator and the Contracting Entity or the new General Terms shall only apply upon receiving consent from the Contracting Entity.
3.3. The Transport Operator and the Contracting Entity undertake to settle any possible disputes arising on the basis of these General Terms or the business relationship between the Transport Operator and the Contracting Entity by a mutual agreement. If that is not possible, the law of the Republic of Slovenia shall be applied to settle any disputes arising from the contractual relationship between the Transport Operator and the Contracting Entity. Any possible disputes shall be resolved by the competent court in Ljubljana.
3.4. By accepting the offer/quote or signing the Contract, the Contracting Entity declares that they have read the General Terms and agree with them.
ProTour, Mihael Keršmanc s. p.
Ljubljana, 20/11/2018