TRANSPORTATION REGULATIONS OF THE OPERATOR

Gamid s.r.o., Beniakova 3086/3, 84105, ID: 52246230

The transportation regulations have been 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.

ARTICLE I

INTRODUCTORY PROVISIONS

These transportation regulations govern the transportation conditions of the carrier Gamid s.r.o., Beniakova 3, 84105, ID: 52246230, necessary for concluding a transportation contract in the taxi service.
The transportation regulations come into force on the day of their publication on the carrier’s website.
The published transportation regulations are part of the carrier’s proposal to conclude a transportation contract, and upon its conclusion, the content becomes part of the contractual rights and obligations of the parties.

ARTICLE II

DEFINITIONS OF BASIC TERMS

The taxi service is the operation of personal transport by taxi vehicles, as the transportation of individual passengers or groups of passengers to the destination according to the passenger transport contract.
For the purposes of these transportation regulations, the carrier means the operator of personal road transport – taxi service (from the date of validity of the concession) authorized to provide transport services to passengers and their luggage and related services based on a passenger transport contract.
The passenger for the purposes of these transportation regulations means a natural person who has concluded a passenger transport contract.
The orderer for the purposes of these transportation regulations means a natural person (non-entrepreneur) or a business entity (natural or legal person) registered in the commercial register, who orders the transportation of the passenger based on a concluded passenger transport contract.
The passenger transport contract, for the purposes of these transportation regulations, means the contractual relationship according to Article VI, paragraph 1 of these transportation regulations.

ARTICLE III

OBLIGATIONS OF THE CARRIER

General obligations of the carrier according to the Road Transport Act:

To operate personal road transport in the taxi service according to the transportation regulations.
To ensure the publication and accessibility of the transportation regulations on its website.
To transport passengers according to the valid price list of the taxi service and issue a receipt to the passenger or orderer for the completed transportation and payment of the fare.
To ensure the safety, comfort, and peaceful transport of passengers and their luggage.
To mark each operated vehicle with its business name.
To be insured for liability for damages caused by operating personal road transport in the taxi service and the activities of vehicle crews towards passengers and third parties.
If personal road transport in the taxi service is provided by the operating carrier based on a contract with the carrier, the provisions of these transportation regulations apply to it to the same extent.
To ensure that each operated vehicle has a document confirming the granted permit.

ARTICLE IV

TAXI SERVICE VEHICLE

A taxi service vehicle may only be a vehicle that:

a) is capable of operation according to the technical inspection and emission control,
b) has at least three entrance doors to the driver’s and passenger’s compartment,
c) is approved for the transport of at least four persons and at most nine persons, including the driver, according to the registration certificate,
d) is marked with the business name of the taxi service operator and the telephone number of the dispatch service on the front left and right doors,
e) has a permanently installed functional taximeter meeting the requirements for designated measuring instruments; this does not apply to taxi service vehicles used for transporting a group of passengers who paid the fare before the start of the transport or at usual places on a regular transport route,
f) displays the basic fare on the right front door and in a location visible to the passenger inside the taxi service vehicle,
g) is insured for liability for damages caused to the passenger’s health or property,
h) is equipped with a functional yellow roof light marked with the word “TAXI”; a taxi service vehicle ready for transport has the roof light on. From the conclusion of the transport contract with the passenger until the completion of the transport, the roof light is turned off. A personal taxi service vehicle that is not operating as a taxi service has the roof light covered with an opaque cover or the light is removed.
i) allows the transport of at least 50 kg of luggage when fully occupied within the total weight of the vehicle or has a luggage compartment or loading space with a volume of at least 375 dm³.

ARTICLE V

EXECUTION OF TAXI SERVICE

The carrier has an obligation to transport in accordance with the transportation regulations.
The carrier offers passenger transport through an ordering service, with the taxi driver ensuring its proper and timely handling and is obligated to transport the passenger according to the dispatch instructions to the pre-agreed location.
The taxi driver is also obligated to transport a passenger who expresses interest in transportation at the taxi stand or anywhere on the road during the taxi’s journey, without excluding the passenger except at regular transport stops.
The driver’s transportation obligation is based on the order.
Transportation is carried out via the shortest route, considering the traffic situation. Transportation may only occur on another route with the consent or at the suggestion of the passenger. After the transport contract has been concluded with the passenger, another passenger may only be picked up along the same route with the consent or at the suggestion of the passenger with whom the transport contract was concluded.
During the transport, neither the driver nor the passenger may smoke, drink, eat, manipulate carry-on luggage, newspapers, maps, or other items that could obstruct the driver’s view or the operation of the taxi.
Carry-on luggage of the passenger may also be transported in the passenger compartment.
Travel luggage, crutches, sticks, strollers, cages, packages, skis, sports equipment, sleds, and other items that could pose a danger to the driver or passenger in the event of an accident or sudden movement of the taxi must only be transported in the luggage compartment or in a designated space. The driver of the taxi is responsible for loading, unloading, placing, or securing the luggage and other items.
In the taxi, persons may only be transported in designated places up to the permissible payload of the vehicle, and the number of transported persons must not exceed the number of seats stated in the vehicle registration certificate.
Only a passenger allowed by road traffic safety and fluidity regulations may be transported in the front seat next to the driver.
Upon request, the taxi driver is obliged to issue a receipt to the passenger for the completed transport, which must contain, in particular:
a) the receipt number,
b) the date of the ride,
c) the paid fare,
d) the signature of the taxi driver who performed the transport.
When performing taxi service, the driver is required to have the following documents in the taxi vehicle:
a) the certificate of the vehicle’s technical license or the vehicle registration certificate,
b) a copy of the license certificate,
c) a permit for international transport from the respective country,
d) printed forms of receipts for the fare payment or invoices,
e) identification,
f) documents proving the completion of technical and emission inspections, and proof of insurance,
g) the transportation regulations, allowing the passenger to view them upon request,
h) the taxi driver’s license displayed in a visible location.

ARTICLE VI

CONTRACT FOR PASSENGER TRANSPORT

The contractual relationship between the carrier and the passenger arises based on a concluded contract for passenger transport according to §§ 760 to 764 of the Civil Code (hereinafter referred to as the “transport contract”).
The carrier may conclude a contract for passenger transport with the passenger:
a) through the taxi driver at the taxi stand, or anywhere within the area designated in the concession, where the taxi is located without a passenger during the ride (for international transport, this is the drop-off location at the address from which the passenger plans to return)
b) at its registered office,
c) through dispatch, with the transport contract being concluded orally based on the passenger’s action, which clearly indicates their intention to enter into a transport contract, or by a binding order delivered to the company’s registered office. A binding order may be created on the carrier’s website using the order form. A binding order may be submitted by sending an SMS message to the carrier’s phone number. A binding order may be submitted by sending an email with the relevant information to the carrier’s email address.
The transport contract is considered concluded after the invoice sent electronically to the passenger’s email address has been paid, specifically after the transportation fee amount has been credited to the carrier’s account, no later than 3:00 PM on the day before the transport is to take place. The passenger will be informed of the payment receipt via email or SMS.
Before the transport is carried out and the transport contract is concluded, the passenger has the right to familiarize themselves with the valid taxi service price list and transport regulations.
Upon completion of the transport, the taxi driver is required to issue a receipt to the passenger, which must contain, in particular, the information according to Article V, Paragraph 11 of the transport regulations, except for transports that were paid for by invoice.
By concluding the transport contract, the carrier is obligated to duly and timely transport the passenger to the destination according to the contractual conditions and the transport regulations.
The taxi driver may refuse to conclude the transport contract and carry out the transport according to the conditions of Article VIII of the transport regulations.
By carrying out the transport based on the concluded transport contract and according to the conditions of the transport regulations, the passenger (or the person who ordered the service) incurs the obligation to pay the specified fare according to the taxi service price list.
Refusal to pay the fare is ENFORCEABLE BY LEGAL MEANS.

ARTICLE VII

WITHDRAWAL FROM THE CONTRACT

The carrier may withdraw from the concluded transport contract if the ordering party fails to 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 the passenger, despite the driver’s warning, smokes in the taxi during the transport, consumes food and drinks, or feeds the transported animal, or manipulates with hand luggage, newspapers, maps, or any other items in the front seat that may obstruct the driver’s view or endanger the operation of the taxi, or otherwise jeopardizes the driver’s safety, contaminates the vehicle’s interior, unnecessarily alters the route and destination of the transport, is aggressive, consumes an excessive amount of alcoholic beverages, or otherwise raises concerns about the safety of the driver and passengers or the taxi vehicle.
The passenger may withdraw from the concluded transport contract if the carrier or the taxi driver has violated the contractual conditions or the conditions of the transport regulations. The passenger may also withdraw from the concluded transport contract without stating a reason, according to Article XVI of these transport regulations.

ARTICLE VIII

REFUSAL OF TRANSPORT

The driver of a taxi vehicle prepared for transport may refuse to perform the transport if:

a) The time of transport, destination, route, or other circumstances raise concerns for the driver’s health, the safety of the transport, or the taxi vehicle.
b) The technical condition and traffic flow of the road do not permit it, or the safety and smoothness of road traffic on the transport route, especially due to weather conditions, damage to the roadway, or a traffic accident.
c) The passenger is evidently under the influence of alcohol or other addictive substances, there is a risk of contamination or damage to the taxi vehicle, or harassment of the driver during transport or other passengers.
d) The passenger’s behavior does not permit it, especially if they are aggressive or armed, or otherwise raise concerns for the driver’s health, the safety of the transport, or the taxi vehicle.
e) The passenger has luggage that, due to its quantity, size, weight, or shape, cannot be transported at once, or that could damage or contaminate the taxi vehicle, or endanger or restrict other passengers.
f) The passenger wants to transport animals.

ARTICLE IX

HANDLING OF FOUND ITEMS

The taxi driver is obligated to return any lost item found in the taxi vehicle to its owner. If the owner of the found item is unknown or does not claim it on the day it was found, the taxi driver is required to hand the item over to the taxi dispatch.
If the person who lost or forgot the item in the taxi vehicle comes forward, and there are no doubts about the credibility of their claim, the item will be returned to them.
The finder has the right to reimbursement of necessary expenses.

ARTICLE X

LIABILITY

The carrier is responsible for the breach of the obligation to transport the passenger properly and in a timely manner according to the transport regulations as per § 763, paragraph 2 of the Civil Code.
In the event of unjustified delays or the non-performance of transportation due to the fault of the carrier or the taxi driver, the carrier is obligated to compensate the damage incurred by the passenger due to the transportation not being performed on time as follows:
a) Compensation for damage due to delay will be resolved through a proportional discount on the paid fare.
b) Compensation for damage due to the non-performance of transportation will be resolved by paying the fare according to the taxi service’s price list.
The carrier will be relieved of liability if they can prove that the damage could not have been prevented even with all the effort that could be reasonably expected from them.

ARTICLE XI

COMPLAINTS, CLAIMS, DAMAGES

The passenger or the person authorized to file complaints related to transportation must submit the complaint to the carrier in writing without unnecessary delay, no later than 30 days from the completion of the transportation. The complainant must specify their demands in the complaint and briefly justify them. They must also attach documents proving the validity of their claim.
If the complaint does not contain all necessary elements, the carrier will immediately request the complainant to supplement it within a specified time frame. If the complaint is not supplemented and sent within a specified period of no less than 8 days, it will be considered as not submitted.
If the passenger or the authorized person wants to file a complaint, they must submit it to the carrier in writing without undue delay, no later than 7 calendar days from the occurrence related to the complaint.
If the passenger suffers damage to their health or to baggage transported together with them, or to items they had with them during transportation, the carrier is liable for such damage according to the provisions of Act No. 40/1964 Coll. Civil Code concerning liability for damages caused by the operation of transport vehicles (§ 427 to 431).
If the right to compensation for damage to health or baggage transported together with passengers or items they had with them arises, this right can be asserted through the court.
If the authorized person is asserting damages caused to health and items, or damages caused by theft or loss of items, they shall proceed in accordance with § 106 of the Civil Code.
The right to compensation for damage to the passenger’s baggage transported together with them or items the passenger had with them must be submitted in writing to the carrier no later than 30 days from the day the damage occurred.
Complaints and claims regarding the fulfillment of obligations under the transport regulations and their handling by the carrier according to this article will be reviewed by the Slovak Trade Inspection.

ARTICLE XII

EXCEPTIONAL EVENT

An exceptional event (hereinafter referred to as “EE”) during the execution of personal transportation – taxi services is considered to be:
a) a traffic accident,
b) vehicle fire,
c) injury or sudden illness of the passenger or another person.
In the case of an EE, the driver of the taxi vehicle is primarily obligated to:
a) immediately stop the vehicle,
b) take necessary measures to rescue passengers and property endangered by the EE,
c) provide necessary first aid to the injured person according to their abilities and possibilities, and immediately call for professional medical assistance,
d) take appropriate measures to ensure that road traffic safety is not endangered and to allow its restoration.
If an EE results in injury to a person or their death, damage to the road or public utility facility, or if material damage exceeds ten times the minimum monthly wage of an employee, the driver of the taxi vehicle is obligated to:
a) immediately report the EE to the police authority,
b) refrain from actions that could be detrimental to the investigation of the EE,
c) remain at the scene until the arrival of the police authority or return to the scene immediately after providing or calling for assistance or after reporting the EE.

ARTICLE XIII

TRANSPORT OF LUGGAGE

Every passenger entitled to a seat (passenger transported by the vehicles of Clever M s.r.o., Klincová 35, 82108, ICO: 51068044) has the right to transport luggage. The size and weight of luggage that the carrier accepts for free transport depend on the destination of the route and the capacity of the vehicle. In general, the passenger is entitled to transport hand luggage and one piece of checked luggage with a total weight of up to 40 kg per passenger. Excess luggage and additional luggage must be reported to the carrier in advance before the transport begins. Excess luggage or additional luggage will be charged according to the carrier’s price list.
Types of luggage:

a/. Hand luggage – luggage transported together with the passenger in the passenger area of the vehicle.

For the purposes of this transport regulation, hand luggage is understood to be:

– a small handbag or document bag,

– a coat,

– an umbrella or cane,

– a camera, video camera, laptop, tablet, smartphone, or mobile phone,

– crutches or orthopedic devices for disabled passengers.

b/. Checked luggage – luggage transported separately from the passenger or outside the passenger area in a space designated for this purpose by the carrier. Checked luggage should be appropriately lockable (e.g., luggage with a zipper closure should have a padlock). In case of unauthorized opening of luggage that was not locked, such a complaint will not be recognized. Each piece of luggage must be labeled with a tag containing the name and surname, address, and possibly a telephone number. All valuable and personal items (e.g., jewelry, items made of precious metals, cameras, video cameras, money, documents, smartphones, tablets, medicines, fragile items, etc.) are transported as hand luggage in the passenger area. Clever M s.r.o. is not responsible for valuable items transported in checked luggage or hand luggage. For better and safer handling of luggage and to minimize the risk of potential damage, luggage should ensure spaciousness, lightness, as well as sufficient strength and waterproofness. It is also recommended that passengers adequately protect their luggage from damage, for example, by wrapping it in protective film.

Luggage excluded from transport.

Luggage or items that could endanger the safety of transport, people, or property, as well as luggage and items that could be damaged during transport or have unsuitable packaging, are excluded. The following items are prohibited from transport: compressed gases, corrosives, explosives, ammunition, fireworks materials that are easily flammable, liquid and solid flammable substances, oxidizing agents, goods subject to customs supervision, radioactive materials, poisons, narcotics, etc.

The carrier may verify the nature and content of luggage in the presence of the passenger. If the passenger is not present, the carrier is entitled to open the luggage in the presence of at least one witness who is not an employee of the carrier. If the carrier deems this luggage dangerous or containing items excluded from transport or requiring special conditions for transport, they are entitled to refuse the luggage for transport. Luggage weighing more than 40 kg per piece is also excluded from transport.

ARTICLE XIV

TRANSPORT OF LIVE ANIMALS

Transport of animals by the vehicles of Clever M s.r.o. is not excluded but is subject to a charge of €3.

ARTICLE XV

TARIFF

The basic fare for travel is €1.30/km.

The basic waiting fare is €0.40/min.

ARTICLE XVI

CANCELLATION OF TRANSPORT ORDERS AND FEES

1.A passenger who wishes to cancel a transport order may do so without providing a reason under the following conditions:

1.1. – If the passenger cancels the order 48 hours or more before closing orders and by 3:00 PM on the day before the transport takes place, no cancellation fee will be deducted from the fare, and the entire amount will be refunded by bank transfer.

1.2. – If the passenger cancels the order less than 48 hours and more than 24 hours before closing orders and by 3:00 PM on the day before the transport takes place, a 25% fee will be deducted from the fare.

1.3. – If the passenger cancels the order less than 24 hours and more than 12 hours before closing orders and by 3:00 PM on the day before the transport takes place, a 50% fee will be deducted from the fare.

1.4. – If the passenger cancels the order less than 12 hours before closing orders and by 3:00 PM on the day before the transport takes place, a 100% fee will be deducted from the fare.

1.5 – The time before closing new orders by 3:00 PM on the day before the transport takes place is decisive for determining the cancellation fee.

Examples of calculating cancellation fees:

a/ If a passenger cancels a one-way trip 36 hours before closing orders, with a fare of €100:

Fare €100 – 25% = €25 – cancellation fee.

b/ If a passenger cancels a one-way trip 20 hours before closing orders, with a fare of €100:

Fare €100 – 50% = €50 – cancellation fee.

c/ If a passenger cancels a one-way trip 12 hours before closing orders or less, with a fare of €100:

Fare €100 – 100% = €100 – cancellation fee – full fare amount.

For a round trip, (minus) the one-way fare = return fare.

ARTICLE XVI

FINAL PROVISIONS

The content of this transport regulation is part of the proposal for concluding a contract for the transport of persons, applicable to passengers from the day of its publication and availability.
This transport regulation is effective as of November 3, 2021.
Any changes and supplements to the transport regulation can take effect no earlier than the day of their publication and availability.
If the transport regulation is substantially changed or supplemented, the carrier is obliged to ensure its publication and availability.