TERMS AND CONDITIONS OF SALE

Terms and conditions of sale for passenger transport services

These terms and conditions of sale for passenger transport services (hereinafter: Terms and Conditions of Sale) shall apply to all chartered transport services operated by AS Hansabuss. The Terms and Conditions of Sale shall be an integral part of a contract of passenger transport concluded between AS Hansabuss and the Client. Unless provided otherwise in these Terms and Conditions of Sale, any terms herein shall be used in the meaning provided in the terms and conditions of carriage on a coach (hereinafter: Terms and Conditions of Carriage), which have been published on the website of AS Hansabuss at www.hansabuss.ee.

1.BOOKING OF PASSENGER TRANSPORT SERVICES

1.1.To book passenger transport services, the Client shall submit to Hansabuss a request for a quotation by completing and posting a relevant form from the website of Hansabuss or by sending Hansabuss an email or a fax.
1.2.Hansabuss shall send a reply (including a quotation) to the request for a quotation from the Client, to the e-mail address or fax number indicated in the request for a quotation or using other contact details agreed between the Parties.
1.3.If the Client wishes to book passenger transport services on the terms set out in the reply from Hansabuss, it shall submit to Hansabuss an Order, in a format reproducible in writing and meeting the requirements provided in clause 2 herein, on the terms that match the quotation by Hansabuss. When submitting an Order, the Client shall advise Hansabuss of the name and contact details of the Lead Passenger.
1.4.If Hansabuss is able to provide passenger transport services on the terms noted in the Order, Hansabuss shall send the Client a confirmation of the Order in a format reproducible in writing within one working day following receipt of the Order. At least 1 day before the commencement of the provision of passenger transport services, Hansabuss shall advise the Client of the coach registration number, driver’s name (drivers’ names) and telephone number. If the Parties specifically so agree, it shall be possible to confirm an Order orally.
1.5.A contract of passenger transport shall be concluded as of the moment the Client receives confirmation of the Order. Confirmation of the Order or any other notice sent to the address, e-mail or fax number specified in clause 1.2 herein shall be deemed to have been received by the Client on the business day following the day of transmission, at the latest.
1.6.The Client shall advise Hansabuss of its receipt of confirmation of the Order and pay the amount noted on a prepayment invoice by its due date (if Hansabuss submits a prepayment invoice).
1.7.The Client shall be entitled to also submit an Order without submitting a request for a quotation. In this instance, a contract of passenger transport shall be concluded in accordance with the procedure provided in clauses 1.3 to 1.6 herein.

2.REQUIREMENTS APPLICABLE TO A REQUEST FOR A QUOTATION AND TO AN ORDER

A request for a quotation and an Order shall be submitted in a format reproducible in writing (an Order may be submitted orally only with the prior consent of Hansabuss). A request for a quotation and an Order shall include the following information:

2.1.Start date, time of day and address (point of origin) of the journey;
2.2.End date, time of day and address (destination) of the journey;
2.3.Route of the journey (separately for every day, including times of day and destinations);
2.4.Number of passengers;
2.5.Coach type in accordance with the descriptions provided on the website of Hansabuss at www.hansabuss.ee;
2.6.Any other additional services (accommodation, catering, tour guide, ship tickets, road tolls, etc.);
2.7.Client’s details (name of the company/person, registration code, location/place of residence, telephone and e-mail address, and, for a legal entity, also the name and contact details of its contact person);
2.8.Potential specific features or needs related to passenger requests that have a significant bearing on the provision of passenger transport services (including passenger mobility disability);
2.9.Any other information deemed important by the Client.

3.PRICES

3.1.Prices for services by Hansabuss shall include: a fee for the use of a coach, a driver’s pay (including taxes levied on pay, such as social tax) and fuel costs (including fuel excise).
3.2.To a fee, there shall be added any costs not included in the fee for services under clause 3.1 herein, including a driver’s accommodation costs (including breakfast), ferry and ship tickets, road and bridge tolls, parking fees, pollution charges and any similar costs.
3.3.Hansabuss shall be entitled to increase the price for a confirmed Order by advising the Client of this at least 10 (ten) calendar days prior to the commencement of the provision of services, if any of the following circumstances become apparent:
3.3.1.Increases in taxes, levies, service charges or other costs directly related to services provided (including the use of a coach) if these impact on the cost of services;
3.3.2.Increases in the costs of transport or fuel;
3.3.3.Changes in exchange rates.

4.CANCELLATION OF AN ORDER

4.1.The Client shall be entitled to cancel or change the Order by providing Hansabuss with a notice of this at least 4 (four) calendar days in advance for transport within Estonia’s national borders (hereinafter: Domestic Transport) or at least 6 (six) calendar days advance for transport abroad (hereinafter: International Transport), starting from the date of the commencement of the provision of services.
4.2.If the Client provides shorter notice of the cancellation of or changes to the Order than stipulated in clause 4.1 herein, Hansabuss shall be entitled to demand a contractual penalty in the amounts below, which the Client shall pay immediately on receiving the relevant claim:

Domestic Transport:
25% of the cost of an Order, exclusive of value added tax, if the Client provides notice of the cancellation of or changes to an Order 3 (three) calendar day in advance of the planned date of the commencement of the provision of services;
50% of the cost of an Order, exclusive of value added tax, if the Client provides notice of the cancellation of or changes to an Order 2 (two) calendar day in advance of the planned date of the commencement of the provision of services;
100% of the cost of an Order exclusive of value added tax if the Client provides notice of the cancellation of or changes to an Order 1 (one) calendar day in advance of the planned date of the commencement of the provision of services;

International Transport:
25% of the cost of an Order exclusive of value added tax if the Client provides notice of the cancellation of or changes to an Order 4 (four) or 5 (five) calendar day in advance of the planned date of the commencement of the provision of services;
50% of the cost of an Order exclusive of value added tax if the Client provides notice of the cancellation of or changes to an Order 3 (three) or 2 (two) calendar day in advance of the planned date of the commencement of the provision of services;
100% of the cost of an Order exclusive of value added tax if the Client provides notice of the cancellation of or changes to an Order 1 (one) calendar day in advance of the planned date of the commencement of the provision of services;
4.3.If the Client wishes to cancel an Order, the Client shall notify Hansabuss of this separately in a format reproducible in writing (notwithstanding the stipulations in clause 5.3 herein).

5.PAYMENT

5.1.Fees for services provided by Hansabuss shall be determined in each individual instance by agreement between the Parties.
5.2.In addition to the fee for services referred to in clause 5.1 herein, the Client shall pay any additional costs, referred to in clause 3.2 herein, incurred by Hansabuss in the course of the provision of services, according to an invoice presented by Hansabuss, after the provision of services.
5.3.Hansabuss shall be entitled to require that the Client make advance payment for services to be provided according to a prepayment order presented by Hansabuss. If the Client does not pay the amount noted on a prepayment invoice by the payment due date, Hansabuss shall be entitled to deem the Client to have withdrawn from its Order and to not perform the Order. If the Client does not provide notice of the cancellation of an Order in accordance with clause 4 herein and Hansabuss commences the provision of services regardless of the failure to make advance payment, Hansabuss shall be entitled to require a contractual penalty amounting to the total cost of the Order exclusive of value added tax, which the Client shall pay immediately on receiving a relevant claim.
5.4.The Client shall pay for passenger transport services (including any additional costs) according to an invoice presented by Hansabuss. The Client shall pay the amount indicated on an invoice by transfer into the bank account noted on the invoice within 7 (seven) calendar days of the dispatch of the invoice by Hansabuss. Hansabuss shall send an invoice by e-mail or fax to the address or number referred to in clause 1.2 herein, unless the Parties have agreed otherwise.
5.5.With the consent of a customer service officer, it shall be possible for the Client to pay for services provided by means other than transfer, that is, pay in cash or by credit card (Visa, MasterCard or Eurocard) on board a coach or after the provision of services.
5.6.A financial liability owed to Hansabuss shall be deemed to have been discharged upon the amount noted on an invoice being deposited, in full, in the bank account indicated by Hansabuss.
5.7.On any overdue amount, Hansabuss shall be entitled to require a fine for delay of 0.2% for every calendar day of delay.

6.FURTHER RIGHTS AND OBLIGATIONS OF HANSABUSS

6.1.Hansabuss hereby undertakes to provide passenger transport services as agreed between the Parties (including, an Order confirmation), these Terms and Conditions of Sale, Terms and Conditions of Carriage and the applicable legislation of the Republic of Estonia, allowing for common practice in the provision of passenger transport services.
6.2.If a Passenger for whom Hansabuss is providing passenger transport services does not duly meet the terms set by Hansabuss, including the Terms and Conditions of Carriage, rules of conduct on board a coach, orders or instructions of the authorities, or legislation, and also if a Passenger or her/his luggage is not ready for transport at the agreed upon place and at the agreed upon time for any reason whatsoever, Hansabuss shall be entitled, at its discretion, to discontinue the provision of a contract of passenger transport, cancel a contract of passenger transport, commence a journey and/or demand compensation from the Client for any loss or damage incurred.
6.3.Hansabuss shall be entitled to use services of other service providers to perform an Order of the Client, if Hansabuss is unable to perform the Order using its own resources. In this event, Hansabuss shall advise the Client of the name and contact details of the party providing the services. The Client shall pay Hansabuss for Scheduled Transport such as when the services are provided using a vehicle of Hansabuss.
6.4.Hansabuss hereby undertake to:
6.4.1.Provide customer service in Estonian;
6.4.2.Allocate for the use of the Client a coach(es) in technical repair, which are clean and manned with a driver(s) in accordance with the terms in a contract of passenger transport; Clothe a driver(s) in uniform: pressed trousers, a dress shirt, dark shoes and a necktie;
6.4.3.Ensure the availability of a coach(es) at the place and time confirmed by Hansabuss in an Order;
6.4.4.In the event of a technical failure in a coach during the provision of services, make all reasonable efforts that may be expected from it to rectify the failure and continue the journey and, if needed and possible, replace a coach(es) that are out of commission with its/their equivalent;
6.4.5. Provide fuel for the coach(es).

7.FURTHER RIGHTS AND OBLIGATIONS OF HANSABUSS

7.1.For journeys longer than one day, the Client hereby undertakes to provide Hansabuss with a detailed itinerary (times of day, routes, destinations and stops) separately for every day no later than 5 (five) calendar days prior to the commencement of the provision of passenger transport services. If an itinerary is provided later by the Client, Hansabuss shall not guarantee strict adherence to the itinerary.
7.2.Amongst other things, the Client hereby undertakes to:
7.2.1.Organise, at its own expense, accommodation and breakfast for a driver of Hansabuss, if this is necessary given the duration of the provision of services and if the Parties do not agree otherwise before the commencement of the provision of services;
7.2.2.In the event of complaints, notify Hansabuss of these orally before passengers leave. Furthermore, the Client shall provide a complaint in a format reproducible in writing, in accordance with clause 6.9 of the Terms and Conditions of Carriage;
7.2.3.Provide feedback on services provided, if Hansabuss so requests.

Hansabuss hereby reserves the right to change the above Terms and Conditions of Sale without notice. The Terms and Conditions of Sale shall be deemed to have been changed upon being published on the websites of Hansabuss at www.hansabuss.ee.
Terms and conditions of sale for passenger transport services since 01.02.2013