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Transfer regulations

of the DESTACAR s.r.o. company

 

for the purposes of personal road transportation operation – taxi service designed in line with the following laws: law number 56/2012 of the Collection of Laws about road transportation, law number 8/2009 of the Commercial Code about road traffic, law number 40/1964 of the Civil Code.

Article I

Introductory provisions

1) These transfer regulations amend the transfer terms of the transporter, the DESTACAR s.,r.,o. company, based in Rovňany 10, 985 24 Rovňany, company registration number 36 623 687 (thereinafter as “transporter”), that are necessary for the transfer contract conclusion in taxi service (thereinafter as “Transfer regulations”), primarily the kind of road transportation in operation and the range of transportation services provided, the means of the contract conclusion and the effectiveness of the contract of transportation of persons or the contract of transportation of goods as well as the discretions and duties of the transporter.

2) The transfer regulations come into effect on the day of its publication on the web page of the transporter, www.destacar.sk, and in a visible place in each place of business of the transporter. The transfer regulations shall be found in each vehicle of the transporter. The transfer regulations publicized are part of the transportation contract conclusion draught of the transporter and after the conclusion; its content shall become an integral part of contract discretions and duties of parties of the contract.

3) The transporter is engages in passenger transport – taxi service. For the purposes of Transfer regulations, the taxi service engages in passenger transport operation by means of the vehicles belonging to the taxi service, such as transportation of individuals or group of passengers to the destination under the contract of transport of persons.

4) For the purposes of the Transfer regulations, the transporter is an operator of personal road transportation – taxi service – since the trading certificate enabling the transporter to provide services to passengers and their luggage and services related to it based on the personal transportation contract comes into effect.

 

Article II.

Duties of the transporter

1) Predominantly, the transporter is required:

  1. to operate the road transport in line with the Transfer regulations,
  2. to make the current version of the Transfer regulations public and accessible on their web page as well as in a visible place in each place of business,
  3. to label each vehicle in operation with their commercial name,
  4. to transfer passengers in line with an effective list of prices of the taxi service and after accomplishing the transport, to produce a receipt to the passenger in the vehicle of the taxi service confirming the transfer having been accomplished as well as the travelling expenses having been paid,
  5. to care for safety, comfort and peaceful transfer of passengers and their luggage,
  6. to provide a technical base equipped for the operation, maintenance, technical control, parking and garaging of vehicles and for the care of passengers and cargo within the range of transportation services provided,
  7. to be the transport operator to employ only a person having a certification of specialized skills; certified profession al qualification in case it is a person coming from other member state and even the driving license and labor permit in case it is a foreigner coming from a third country,
  8. to be insured for the case of responsibility for the harm caused by operating the road transport in the taxi service by the actions of personnel of vehicles to passengers and third persons – the compulsory contractual insurance as well as the collision insurance of the taxi service vehicle must be valid,

2) If, under a contract with the transporter, an operating transporter provides the personal road transport in the taxi service, the provisions of these transfer regulations apply to this one to the same degree.

 

Article III.

The vehicle of the taxi service

1) The vehicle of the taxi service can only be a vehicle that:

  1. is mentioned in the trading certificate and has a license number of the taxi service allocated in the trading certificate; this number must be emplaced inside the vehicle of the taxi service in a place visible for the passenger,
  2. is labeled with the commercial name of the taxi service operator as well as the telephone number of either the driver or the transporter on front left and right doors,
  3. has a firmly inbuilt functional taxi-meter meeting the requirements for given measures that enables the passenger to observe the current price of the travelling expenses during the transportation and that produces a receipt confirming the travelling expenses having been paid; the taxi-meter, however, does not have to be inbuilt in a vehicle of the taxi service that is used for the transportation of a group of passengers who have paid the travelling expenses before the start of transport or in usual places of a regular transport route,
  4. displays the basic rate of travelling expenses on right front doors as well as inside the vehicle of the taxi service in a place visible for the passenger; this, however, does not apply to a vehicle of the taxi service used for the transport of a group of passengers who have paid the travelling expenses before the start of transport or in usual places of a regular transport route,
  5. is, according to the technical checking and emission control, convenient for operation,
  6. has at least three entrance doors into the space of the driver and passengers,
  7. is insured for the case of responsibility for the harm caused to passengers regarding their health or property,
  8. is, according to the certification of evidence, authorized for the transport of at least four persons and at most nine persons including the driver,
  9. is equipped either with a firm or a detachable roof lighting of yellow color with TAXI written on it,
  10. has an effective list of prices on right front doors as well as inside the vehicle of the taxi service in a place visible for the passenger, if this vehicle is not equipped qith a taxi-meter,
  11. enables to transport at least 50 kg of luggage when fully occupied within the range of total weight of the vehicle, or has luggage compartment or load compartment with the capacity of at least 375 dm3.

2) For the purposes of the Transfer regulations, a group of passengers is the total number of persons transported from start to final destination (sc. even one person) who meet the requirement assigned by the law number 56/2012 of the Collection of Laws about the road transport in version of later regulations – paying for the travelling expenses before the start of transport.

 

 

Article IV.

Accomplishment of operation of the taxi service

1) The transporter has a transport duty within the range of Transfer regulations.

2) The transporter makes a contract of transportation of persons by means of an offer and its acceptation. A proper and early accomplishment of the transport of persons is provided by the driver of the taxi service.

3) The driver of the vehicle is required:

  1. to transport passengers in terms of the offer and to transfer passengers who give an indication to be transported at the position of the taxi service or elsewhere during the travel of the vehicle of the taxi service without a passenger except the regular transportation stops.
  2. to use the roof lighting to give notice if the vehicle of the taxi service is available or occupied either by a passenger or a booked order,
  3. to enable the passenger to look at the display of the taxi-meter during the travel from the moment the passenger enters the vehicle until the moment the passenger leaves the vehicle if the vehicle is equipped with it,
  4. to have an identity car of the driver in a place visible to passengers inside the vehicle of the taxi service,
  5. to have complete tariff conditions inside the vehicle of the taxi service and to enable the passenger to take a look at these at short notice,
  6. to produce a receipt confirming the payment of the travelling expenses to the passenger,
  7. to have the certificate of the technical license of the vehicle inside the vehicle of the taxi service, technical inspection and emission control certificate, a copy of the trading certificate, identity card of the driver in the taxi service in a visible place inside the vehicle, identity cars of the driver, taxi-meter calibration documents by the department of legal metrology and the taxi-meter installation document (if the vehicle is equipped with a taxi-meter).

4) The transportation is realized in line with the law by the shortest possible route with regard to the traffic situation. The transportation shall be realized by a different route only upon the understanding of or as a suggestion of the passenger. After the conclusion of the contract with the passenger, it is possible to take another passenger along the route only upon the understanding of the passenger the transportation contract was made with.

5) When ordering a vehicle of the taxi service, the order party is required to assign:

  1. name, surname (or commercial name), address of the order party or transported person,
  2. start as well as final destination of person transported,
  3. telephone number of the order party or of the person transported,
  4. date of transportation and as well as exact time of transportation,
  5. number of persons transported,
  6. desired vehicle class,
  7. way of payment for the travelling expenses,
  8. amount of luggage.

6) During the transport, the driver is now allowed to smoke, drink, eat, manipulate with small luggage, newspapers, maps or other objects that might restrict the view of the driver. The person transported must avoid these actions as well, when it is demanded by the driver.

7) In the passenger space, it is possible to transport even small luggage of passengers.

8) When ordering the transportation, transportation of large luggage, such as gimp sticks, verges, baby carriages, cages, parcels, skis, sleighs and other objects that might be dangerous either for the driver or for the passenger in case of a car accident or an abrupt movement of the vehicle must be announced to the transporter by the order party. These shall only be transported in the luggage compartment.

9) When ordering the transportation, transportation of handicapped passengers and of passengers with a reduced mobility, or transportation of a dog with a special training helping a handicapped passenger must be announced to the transporter by the order party.

10)To load and fasten the luggage and other possessions of passengers and after the accomplishment of transportation, to load it out. The luggage and other objects are loaded and loaded out, emplaced or fastened by the driver of the taxi service exclusively.

11)In the vehicle of the taxi service in places assigned for this purpose it is only possible to transport persons the weight of which is within the range of the acceptable utility weight of the vehicle, yet the number of persons transported must not be higher than the number of seats including the seat of the driver that are assigned in the evidence certificate of the vehicle.

12)In the front seat next to the driver it is only possible to transport a passenger who is allowed to be transported in line with the regulations considering the safety and continuity of the traffic. Each person transported in the vehicle of the taxi service is required to wear a seatbelt the vehicle is equipped with during the travel, or they are responsible for the harm caused by this action to the transporter.

13)After the accomplishment of the transportation, the driver of the taxi service is required to produce a receipt that primarily involves:

    1. receipt number,
    2. evidence number of the vehicle,
    3. information concerning the transportation – date, start and final destination of transportation,
    4. commercial name of the transporter, address of the place of business, company registration number, tax detection number,
    5. travelling expenses paid including the VAT (if the VAT is charged) and without the VAT,
    6. signature of the transporter or the driver of the taxi service who realized the transportation.

14)In case the price for the transportation is agreed on by both the transporter and passenger in advance, the previous point shall not be used. In this case, the transporter shall issue an invoice based on which the passenger shall pay the price for the transportation and which substitutes the receipt according to the previous point. The clause of article III, point 2 of the Transfer regulations shall in this case be used appropriately.

 

Article V.

Contract of transportation of persons, origin, content

1) The contractual relation between the transporter and the passenger comes into being based on the contract of transportation of persons in line with § 760-764 of the law number 40/1964 of the Civil Code in version of later regulations (thereinafter as “transport contract”).

2) It is possible for the transporter to make a contract of transport of persons even in the following ways:

  1. by means of the driver of the taxi service at the position of the taxi service or elsewhere within the are assigned by the trading certificate, where the driver occurs during the travel without a passenger or an ordered passenger with the vehicle of the taxi service,
  2. in their establishment,
  3. by means of telephone, fax or e-mail.

whereby the transport contract is made based on an order having been made orally by the passenger who expresses in a clear way that he or she is willing to make a transport contract for the purpose of transportation to an assigned destination, agreeing with the price of the transporter for the accomplishment of the transportation of the passenger and a subsequent acceptation of this order by the transporter.

3) Before the realization of transport and conclusion of the transport contract, the passenger has the right to become acquainted with the list of prices of the taxi service.

4) By making the transport contract, a duty of the transporter to transfer the passenger properly and in a timely manner to the destination assigned in line with the contract conditions and the conditions of the transfer regulations comes into being.

5) In reasonable cases the transporter is allowed to deny the bargain. In reasonable cases the driver of the taxi service is allowed to refuse to realize the transportation.

6) By accomplishing the transportation based on a transport contract made and in line with the conditions of the transfer regulations, a duty for the passenger to pay the assigned travelling expenses in accordance to the list of prices of the taxi service comes into being. The refusal of travelling expenses payment shall be resolved by calling the police and shall be claimed through the court. The passenger is required to pay late charges to the transporter in line with the law.

7) A duty for the order party that has made a definite order of the transport by means claimed in Article IV, point 13, to pay an assigned price for the transport even in case the order party is not able to participate having no serious reasons to do so comes into being.

 

Article VI.

Expiration of the contract of transportation

1) The transporter is allowed to withdraw from the transport contract in case the requirements of the transport contract or the provisions of the Transfer regulations are not met by the order party.

2) The driver of the vehicle of the taxi service is allowed to withdraw from the transport contract if:

  1. during the travel, even after having been warned by the driver, the passenger is smoking, eating or drinking, feeding an animal transported or, sitting in the front seat, is manipulating with small baggage, newspapers, maps or other objects that might restrict the view of the driver or endanger the driving of the vehicle of the taxi service, or
  2. the passenger is endangering the safety of the driver, polluting the interior of the vehicle, is changing the route and the final destination of the transport for no reason, or
  3. the passenger is causing fear considering the safety, health or life of the driver or fellow passengers.

3) The passenger is allowed to withdraw from the transport contract if the transporter or the driver of the taxi service violates the contract conditions or the conditions of the Transport regulations.

 

 

Article VII.

Refusal of transport and treatment of the things found

1) The taxi service driver of the vehicle ready for transport is allowed to refuse to accomplish the transportation if:

  1. the transportation time, final destination, transportation route or other circumstances are raising fear to the driver considering his or her health, transportation safety or the taxi service vehicle itself,
  2. it is not allowed to the driver because of the technical condition and capacity of the road or safety and capacity of the road on the transportation route, mainly as consequences of weather conditions, road damage or car accident,
  3. it is obvious that the passenger is under the influence of alcohol or other habit forming substance, or there is the threat of polluting or harming the taxi service vehicle, or in case of intruding the driver during the travel,
  4. it is not allowed because of the passenger’s behavior, primarily if he or she is aggressive or armed or he or she raises fear to the driver in any other way considering driver ’s health, transportation safety or the taxi service vehicle itself,
  5. the passenger has luggage that, considering its number, size, weight or shape, is impossible to transport at one time, or that might damage or pollute the vehicle of the taxi service,
  6. the passenger is interested in transporting animals that, considering their size, number or behavior, are impossible to transport in the passenger space or in the luggage compartment.

2) The driver of the taxi service is, in case of finding a passenger’s lost thing inside the vehicle of the taxi service, required to deliver it to the passenger. If the owner of the thing found is not known or if he or she does not report on the day of finding, the driver of the taxi service is required to deliver the thing to the transporter.

3) If the one who has lost or forgotten the thing inside the vehicle of the taxi service reports and there are no doubts considering the trustworthiness of his or her claims, the thing is delivered to him or her.

4) The founder has the right for reprisal of necessary expenses.

 

Article VIII.

Responsibility

1) In case of violating the taxi service’s duty to transport properly and in a timely manner in line with the Transfer regulations, the transporter is responsible for it in line with § 763, paragraph 2 of the law number 40/1964 of the Civil Code in version of later regulations.

2) In case there was some unreasonable delay or the transport was not realized by the fault of either the transporter or the driver of the taxi service, the transporter is required to reprise the damage made to the passenger by the transport having not been realized in the following way:

  1. The damage reprisal for a considerable delay shall be resolved by means of a proportional discount on the travelling expenses,
  2. The damage reprisal for the transport having not been realized shall be resolved by repaying the travelling expenses in line with the list of prices, or by repaying the price assigned for the transport, if this was paid in advance based on an invoice issued.

3) The transporter is disburdened if he or she demonstrates that he or she was not able to prevent the damage not even after having invested his or her greatest efforts.

 

Article IX.

Reclamation regulations

1) The passenger or the person competent regarding the transport is allowed to make a complaint forthwith, however, at latest within 30 days since the accomplishment of the transport. The passenger has the right to inform by means of telephone or by letter regarding the process of reclamation execution.

2) The passenger or the person competent regarding the transport is entitled to make a complaint considering objections towards the transport by delivering a reclamation letter to the address of the transporter. The time limit to make a complaint is maintained even in case the reclamation was delivered to an e-mail address of the transporter within the time limit, whereas this delivery must be realized within three working days and supplemented with an original or it shall not be taken into consideration and it shall not have any legal effects.

3) In the complaint, the entitled one must define and properly justify his or her claims. Furthermore, he or she must enclose records proving the rightfulness of his or her claim as well as records proving the realization of the transport and payment of recompense for the transport.

4) If the complaint does not involve all the requirements, the transporter shall appeal to the claiming party to amend it within the time limit assigned. If the complaint shall not be amended and sent within the assigned time limit being 8 days at most, it shall be considered as not made.

5) If the passenger or the entitled one regarding the transport makes a complaint, he or she must do so by letter, forthwith, however, within 7 calendar days since the realization of the matter the complaint is related to, at most.

6) If there is any damage done to the passenger during the transportation considering his or her health or luggage transported together with him or her or things he or she carried with, the transporter shall be responsible for it in line with the regulations of the law number 40/1964 of the Civil Code in version of later regulations about the responsibility for the damage made by operating a means of transportation.

7) The right for reprisal of the damage of passenger’s luggage transported with him or her or things he or she carried with needs to be claimed by the passenger to the transporter at first, within 30 days since the day the damage was done or 15 days since the day the passenger gets to know about the damage and about who shall be responsible for it, at most.

8) Complaints as well as reclamations regarding fulfilling the commitments resulting from the Transfer regulations might be investigated by Slovak Commercial Inspection.

 

Article X.

Tariff

1) The transporter assigns the general tariff to be 0,39 €/km without the VAT (thereinafter as “general tariff”). The general tariff is the basic figure for calculation of definite price.

2) The definite price depends on the following factors:

  1. desired kind of vehicle,
  2. number of kilometers driven,
  3. highway charges outside Slovak Republic,
  4. parking prices and time of waiting in case of a client’s demand to stay in a plce assigned
  5. client’s status.

3) The definite price shall be assigned after having been agreed on by the transporter and client.

 

 

Article XI.

Peculiar occurrence

1) A peculiar occurrence when operating the personal transport – taxi service is considered to be:

  1. car accident of the vehicle of the taxi service, or when the taxi service vehicle is witnessing an accident,
  2. fire of the vehicle,
  3. injury or sudden illness of the passenger or other person.

2) When facing a peculiar occurrence the driver of the taxi service is primarily required to:

  1. stop the vehicle immediately,
  2. take actions necessary to save the passengers and luggage endangered by the peculiar occurrence,
  3. give first at to the person injured in line with his or her skills and abilities and call the ambulance immediately,
  4. take appropriate actions to avoid endangering the safety of road traffic and enable its restoration,
  5. inform the transporter about the circumstances.

3) If there was an injury, death, damage of the road or generally advantageous device during a peculiar occurrence or if there was a physical damage exceeding the 10-fold of the minimal wage per month of an employee, the driver of the taxi service is required to:

    1. report the peculiar occurrence to the police immediately,
    2. avoid actions that might endanger the peculiar occurrence investigation,
    3. stay in place until the police comes or to return to the place immediately after having called help or after having reported the peculiar occurrence,
    4. inform the transporter about the circumstance.

 

 

Article XII.

Final provisions

1) These Transfer regulations are a constituent part of the transport contract, whereas the transporter and the passengers have the right to arrange the discretions and duties in the written agreement in a different way in comparison to the Transfer regulations.

2) The passenger, by making the transfer contract, declares that the transporter has informed him or her considering his or her discretion s and duties resulting from the Transfer contract as well as the discretions and duties resulting from the Transfer regulations.

3) The transporter reserves the privilege to change or cancel the transfer regulations, whereas he or she shall immediately inform the passengers regarding the changes by means of an announcement in transporter’s places of business and on transporter’s web page www.destacar.sk, mentioning the date since which these changes come into effect. The Transfer regulations come into effect after 15 days since the announcement publication, at the earliest. In case the passenger disagrees with a change of the Transfer regulations, he or she is required to declare it by letter within 30 days since the new Transfer regulations come into effect, at most. If the transporter and passenger shall not arrange it differently, they both have the right to determine their mutual commitment relations and pay the mutual receivables. If the passenger shall not declare his or her disagreement with a change of the Transfer regulations within the time limit mentioned above, he or she is considered to approve of the change and accept the offer of the transporter and since the day the changes come into effect he or she is required to follow the changed Transfer regulations.

4) The effect of these Transfer regulations or its parts towards particular passenger shall be negated only by means of a written agreement between this passenger and the transporter.

5) These Transfer regulations was approved by a statement of one of the transporter’s associates on November 11, 2013 and it is valid and effective since its publication in line with Article I, point 2) of the Transfer regulations.

6) These Transfer regulations were published on November 25, 2013.