Terms of transport
Company transport schedule Bankof s. r. o. – operator LUXI. Prepared in accordance with Act No. 56/2012 Coll. on Road Transport, Act No. 8/2009 Coll. on Road Traffic and Act No. 40/1964 Coll. Civil Code.
Bankof s. r. o.
ID: 54304458
Registered office: Alžbetina 55, 040 01 Košice, Slovak Republic
Trade name: LUXI
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Contents
Article 1
1. Introductory provisions
1.1. These transport regulations exclusively regulate the transport conditions of Bankof sro, trade name LUXI, in the capacity of a carrier (hereinafter referred to as the "carrier") necessary for concluding a transport contract in a taxi service (hereinafter referred to as the "Transport Regulations").
1.2. The Transport Regulations come into force on the day of their publication on the carrier's website www.luxi.sk and at the company's registered office. After their publication, their content is part of every contract of carriage and regulates the rights and obligations of the participants.
1.3. For the purposes of these transport regulations, a carrier is understood to be an operator of passenger road transport - taxi service from the date of entry into force of the concession, which authorizes it to provide transport services to passengers and their luggage and related services based on a contract for the transport of persons.
Article 2
2. Taxi service
2.1. Taxi service is the operation of passenger transport by taxi vehicles as a means of transporting individual passengers or groups of passengers to a destination according to a passenger transport contract.
2.2. The carrier has an operating obligation within the scope of the concession, a transport obligation within the scope of the transport regulations, and a tariff obligation according to the tariff.
2.3. The carrier may offer the provision of transport services by publishing the basic conditions for their provision at the taxi stand, on its website, on taxi vehicles, in the form of advertising or by establishing a dispatch center and promoting an ordering service.
2.4. The carrier may conclude a contract for the carriage of persons with a passenger through a taxi driver at a taxi stand or anywhere in the territory specified in the concession where the taxi vehicle is located during the journey without a passenger. The carrier may conclude a contract for the carriage of persons at its registered office, at another place published in advance or at a regular stop of a taxi vehicle on a regular route, which, however, may not be parallel to the route of a bus line or through a dispatching office.
Article 3
3. General obligations of the carrier
The carrier is obliged to:
- 3.1. operate road transport (taxi service) according to the transport regulations;
- 3.2. mark each vehicle operated on the front left and front right doors with the business name of the taxi operator;
- 3.3. ensure the provision of services only through vehicles that are registered in the concession of the taxi operator;
- 3.4. mark each vehicle with a fixed or removable roof lamp bearing the words TAXI of any color other than blue, red or orange;
- 3.5. ensure that in each operated vehicle there are documents on the granted permit, ie a copy of the taxi operator's license and the taxi service vehicle certificate;
- 3.6. mark the vehicle on the right front door and inside the taxi service vehicle in a place visible to the passenger with the basic fare rate; this does not apply if the price is agreed before the start of the transport,
- 3.7. be insured in case of liability for damage caused by the operation of road transport and the activities of vehicle crews to passengers, senders and receivers of things and third parties;
- 3.8. ensure the publication and availability of the current version of the transport regulations on its website www.luxi.sk
- 3.9. transport passengers according to the valid price list of the taxi service and, after the transport, issue the passenger with a receipt for the completed transport and payment of the fare in the taxi service vehicle;
- 3.10. to take care of the safety, comfort and peaceful transportation of passengers and the transportation of their luggage;
- 3.11. ensure the provision of services through taxi drivers who are in an employment relationship with the taxi operator, if this person is not the taxi operator; if, on the basis of a contract with a carrier, a carrier providing personal road transport in a taxi service, the provisions of these transport regulations apply to him to the same extent.
Article 4
4. Taxi service vehicle
A taxi service vehicle can only be a vehicle that meets the conditions according to Act no. 56/2012 Coll. on road transport, and which is registered in the carrier's concession.
Article 5
5. Rights and obligations of a taxi driver
5.1. Only a person holding a taxi driver's license may be a taxi driver. Only a carrier or an employee of a carrier (hereinafter referred to as the "Taxi Driver") may be a taxi driver.
5.2. The driver of a taxi vehicle is obliged to provide transport services according to the transport regulations, in particular:
5.2.1. immediately notify the amount of the fare before the start of the journey to the passenger who expresses interest in the transport service, in any case unless the tariff is agreed in advance through virtual dispatching via the carrier's online headquarters or by telephone.
5.2.2. transport a passenger from a pre-arranged location and transport a passenger who expresses interest in transportation anywhere according to information from the dispatch center; load and secure the passenger's luggage and other belongings and unload them after the transportation is completed;
5.2.3. to carry out the transport along the shortest transport route allowed by the traffic situation; another transport route may be used only with the passenger's consent or at his/her suggestion;
5.2.4. to allow the carriage of a specially trained dog that provides assistance to a passenger with severe disabilities, to provide assistance to passengers with disabilities and passengers with reduced mobility, including accompanying persons, as well as to pensioners, pupils and students.
5.2.5. take another passenger only with the passenger's consent or at his/her request; this does not apply if a contract for the carriage of persons has been concluded with the passenger in advance;
5.2.6. issue the passenger with a receipt for the paid fare; a copy in paper or electronic form is part of the taxi operator's registry;
5.2.7. have a driver's license for the passenger in a visible place in the taxi vehicle;
5.2.8. have complete tariff conditions in the taxi vehicle and allow the passenger to inspect them upon request.
5.3. A taxi driver may refuse to perform a transport or not complete a transport operation if:
5.3.1. this is not possible due to the technical condition and permeability of the road or the safety and smoothness of road traffic on the transport route, in particular due to weather conditions, damage to the road or a traffic accident;
5.3.2. the passenger's behavior, especially if he is aggressive or armed, or the time of transportation, destination, transportation route or other circumstances raise concerns for the driver about his health, the safety of transportation or the taxi vehicle;
5.3.3. due to the passenger's condition, there is a risk of soiling the taxi vehicle or harassing the driver while driving;
5.3.4. despite warnings, the passenger smokes, consumes food and drinks or feeds an animal being transported in the taxi, or manipulates hand luggage, newspapers, maps or other items in the front seat that may limit the driver's view or endanger the driving of the taxi;
5.3.5. the passenger has luggage that cannot be transported at once due to its quantity, size, weight or shape, or wants to transport animals that cannot be transported in the passenger compartment or in the luggage compartment due to their size, quantity or behaviour.
Article 6
6. Contract on the carriage of persons, origin, content
6.1. The contractual relationship between the carrier and the passenger arises on the basis of a concluded contract for the carriage of persons pursuant to Sections 760 to 764 of the Civil Code (hereinafter referred to as the "carriage contract").
6.2. The customer may also conclude a contract for the transport of persons with a passenger in the following manner: through a taxi driver at a taxi stand or anywhere in the territory specified in the concession, where he is with the taxi vehicle while driving without a passenger; through the dispatching office, while the transport contract is concluded by an oral order from the passenger, who clearly indicates that he wants to conclude a transport contract for the purpose of transport to a specified location, thereby also agreeing to the carrier's price for the transport of the passenger.
6.3. Before carrying out the transport and concluding the transport contract, the passenger has the right to familiarize himself with the valid taxi service price list. After the transport has been carried out, the taxi driver is obliged to issue a receipt to the passenger upon request. By concluding the transport contract, the carrier is obliged to transport the passenger to the destination in a proper and timely manner according to the contractual terms and conditions and the terms of the transport regulations. The taxi driver may refuse to conclude the transport contract and carry out the transport according to the terms of Art. 5 of the transport regulations. By carrying out the transport on the basis of the concluded transport contract and according to the terms of the transport regulations, the passenger is obliged to pay the determined fare according to the taxi service price list. Refusal to pay the fare is resolved by calling the police and is enforceable through the courts. The passenger is obliged to pay the carrier the interest on late payment determined by law.
Article 7
7. Tariff
7.1. The fare amount is always announced before the start of the journey via virtual dispatch via the website, by telephone or by the taxi driver.
7.2. Virtual dispatching on the carrier's website means the online booking form on the website www.luxi.sk
Article 8
8. Termination of the contract of carriage
8.1. The carrier may withdraw from the concluded transport contract if the customer does not meet the conditions of the transport contract or the provisions of the transport regulations. The taxi driver may withdraw from the concluded transport contract if:
8.1.1. a passenger smokes, consumes food and drinks or feeds an animal being transported in a taxi vehicle despite the driver's warning;
8.1.2. in the front seat, handles hand luggage, newspapers, maps or other items that may limit the driver's view or endanger the driving of the taxi vehicle;
8.1.3. endangers his/her safety, pollutes the interior of the vehicle, changes the route and destination of the transport without reason;
8.1.4. raises concerns about the safety, health and life of the driver or passengers.
8.2. The passenger may withdraw from the concluded transport contract if the carrier or taxi driver has violated the contractual terms or conditions of the transport regulations.
Article 9
9. Refusal of transport and handling of found items
9.1. The driver of a taxi vehicle prepared for transportation may refuse to perform transportation if:
9.1.1. the time of transport, destination, route of transport or other circumstances raise concerns for the driver about his health, the safety of transport or the taxi vehicle;
9.1.2. the driver is not allowed to do so due to the technical condition and permeability of the road or the safety and smoothness of road traffic on the transport route, in particular due to weather conditions, damage to the road or a traffic accident;
9.1.3. the passenger is clearly under the influence of alcohol or another addictive substance, there is a risk of soiling or damaging the taxi vehicle, or harassing the driver during transportation;
9.1.4. this does not allow the passenger's behavior, especially if he is aggressive or armed, or otherwise raises concerns in the driver about his health, the safety of transportation, and the taxi vehicle;
9.1.5. the passenger has luggage that, due to its quantity, size, weight or shape, cannot be transported at once, or which could damage or soil the taxi vehicle;
9.1.6. a passenger who is interested in transporting animals that, due to their size, number or behavior, cannot be transported in the passenger compartment or in the luggage compartment.
9.2. A taxi driver is obliged to return a lost item to its owner if he finds it in a taxi vehicle. If the owner of the found item is unknown or if he does not report on the day of the discovery, the taxi driver is obliged to hand the item over to the taxi dispatcher or the police. If the person who lost or forgot the item in the taxi vehicle reports it and there is no doubt about the veracity of his claim, the item is subsequently returned to him. The finder has the right to compensation for necessary expenses.
Article 10
10. Liability
10.1. The carrier shall be liable for the breach of the taxi service's obligation to transport the passenger properly and on time in accordance with the transport regulations pursuant to Section 763, Paragraph 2 of the Civil Code. In the event that there is an unjustified delay or failure to carry out the transport due to the fault of the carrier or taxi driver, the carrier shall be obliged to compensate the passenger for the damage caused by the failure to carry out the transport on time, as follows:
10.1.1. compensation for delay will be resolved by a proportional discount on the paid fare;
10.1.2. Compensation for damage caused by the failure to provide transportation will be resolved by paying the fare according to the taxi service's price list.
10.2. The carrier shall be exempt from liability if it proves that it could not have prevented the damage even if it had exercised all reasonable efforts.
Article 11
11. Claims, complaints, damages
11.1. The passenger, or the person entitled to file a complaint regarding the transport or in connection with the transport, without undue delay, no later than 30 days after the transport. The passenger has the right to be informed by telephone or in writing about the progress of the complaint.
11.2. The passenger is entitled to complain about dissatisfaction with the transportation in the following ways: by delivering the complaint to the carrier's e-mail and by delivering a written complaint to the carrier's registered office address.
11.3. In the complaint, the entitled party must define his/her requirements and briefly justify them. He/she must also attach documents certifying the legitimacy of his/her claim as well as documents proving the performance of the transport (payment of the transport fee).
11.4. If the complaint does not contain all the necessary elements, the carrier will immediately invite the complainant to complete it within the specified period. If the complaint is not completed and delivered within the specified period of no less than 8 days, it is considered not filed.
11.5. If a passenger or a person entitled to file a complaint regarding or in connection with the carriage, he or she must submit it to the carrier in writing, without undue delay, no later than 7 calendar days from the fact to which the complaint relates.
11.6. If a passenger suffers damage to his health or to the luggage transported with him or to the things he had with him during transport, the carrier is liable for it according to the provisions of Act No. 40/1964 Coll. Civil Code on liability for damage caused by the operation of a means of transport (Sections 427 to 431).
11.7. If it concerns the right to compensation for damage to health or to luggage transported with passengers or things that he had with him; he can exercise this right through legal proceedings.
11.8. If the entitled party claims damage caused to health and property, or damage caused by theft or loss of property, he/she shall proceed in accordance with Section 106 of the Civil Code.
11.9. The passenger is obliged to first apply in writing to the carrier for compensation for damage to the passenger's luggage transported with him or to items that the passenger had with him, no later than 30 days from the date the damage occurred, or within 15 days from the date the injured party learns about the damage and who is responsible for it.
11.10. Complaints and claims regarding the fulfillment of obligations under the transport regulations and their handling by the carrier pursuant to this article may be examined by the Slovak Trade Inspection.
Article 12
12. Extraordinary event
12.1. An extraordinary event (hereinafter referred to as the "Extraordinary Event") in the performance of passenger transport - taxi services is considered to be a traffic accident involving a taxi vehicle, or if the driver witnesses the traffic accident; a vehicle fire; an accident or sudden illness of a passenger or another person. In the event of an extraordinary event, the taxi driver is primarily obliged to:
12.1.1. stop the vehicle immediately;
12.1.2. take necessary measures to rescue passengers and property threatened by an emergency;
12.1.3. provide the injured person with the necessary first aid, according to their abilities and possibilities, and immediately call for professional medical assistance;
12.1.4. take appropriate measures to ensure that road safety is not endangered and to enable its restoration;
12.1.5. inform the carrier about this fact.
12.2. If an emergency incident results in injury or death to a person, damage to a road or a facility of general utility, or if material damage exceeding ten times the minimum monthly wage of an employee occurs, the taxi driver is obliged to immediately report the emergency to the police; refrain from any action that would be detrimental to the investigation of the emergency; remain at the scene until the arrival of the police, or return to this location immediately after providing and calling for assistance, or after reporting the emergency; inform the carrier of this fact.
Article 13
13. Final provisions
These transport regulations are part of the contract of carriage, while the carrier and the passenger have the right to adjust the rights and obligations in a written agreement differently from those regulated in the transport regulations. By concluding a transportation agreement, the passenger declares that the carrier has familiarized him with the rights and obligations arising from the transportation contract, as well as with the rights and obligations arising from the transportation regulations. The carrier reserves the right to change or cancellation of the transport regulations, while immediately informing passengers about the changes in the form of a notice in the carrier's business locations and on the carrier's website www.luxi.sk, indicating the date from which these changes take effect. The transport order shall enter into force no earlier than 15 days after the date of publication of the notice of its issuance. In the event that the passenger does not agree with the change of the transport regulations, he is obliged to notify his disagreement in writing no later than 30 days from the date of validity of the new transport regulations. If the carrier and passengers do not agree otherwise, they have the right to terminate their mutual obligations and settle their mutual claims. If the passenger does not notify the carrier of his disagreement with the change in the transport schedule within the above-mentioned period, it is valid that he agrees with the change and accepts the carrier's offer, and the passenger follows the changed transport schedule from the effective date of the change. The applicability of this transport regulation or part of it can only be excluded by written agreement between the passenger and the carrier.
