General Conditions of Carriage
These General Conditions of Carriage are the conditions on which Air Expressbus BV carries any person and their property and these conditions shall apply to each ticket issued by Air Expressbus BV and each contract to carry any person entered into by Air Expressbus BV Any person who travels on a Air Expressbus BV service shall be considered to have agreed to be carried on these General Conditions of Carriage.
In these General Conditions of Carriage, the following words shall have the following meanings:-
"coach" means the coach, bus or other road vehicle or other means of transport provided by us, or any other carrier on which you are travelling;
"journey" means each journey you are entitled to make on a service as set out in your ticket;
"luggage" means any property, which you bring onto a coach or into a station, including any property, carried on your person;
"service" means any journey to be made by a coach provided or arranged by us or on our behalf for the purpose of carrying persons and their luggage, which is set out in a timetable published by us;
"Special Conditions" means any additional or special condition relating to a particular ticket or the method of delivery of a ticket (including any restrictions as to the services, dates, days of the week, and times in the day on which travel is permitted and conditions to advance reservations of seats) as set out in any notices, offers or publications from ourselves.;
"station" means any coach or railway station or airport or stop where a service is to be commenced or completed ;
"ticket" means any ticket issued by us or on our behalf, which sets out our agreement to carry or arrange for the carriage of any person, including the services on which travel is permitted and the fare payable;
"we" , "us" and "our" refers to Air Expressbus BV a company registered in the Netherlands, with registered number 18088933, whose registered office is at Fatimastraat 45, 5021 AM Tilburg including the trade name, Airexpressbus;
"working day" means a day other than a Saturday or Sunday on which the clearing banks in the Netherlands are open to the public for the transaction of business;
"you" means the person who we have agreed to carry or arranged to be carried, being the person who purchased a ticket or for whom a ticket was purchased, or any person who travels on a service with or without a ticket.
“child” or “children” means persons aged 5 to 12 years old.
In this Agreement, a reference to the singular shall include the plural and vice versa.
2. CARRIAGE SERVICES
2.1 Our agreement to carry you:
We agree to carry you and your luggage (for luggage see also 7. Luggage) on the journey permitted by your ticket, on and subject to these General Conditions of Carriage and any Special Conditions applicable to your ticket. The applicable Special Conditions shall take precedence over these General Conditions of Carriage.
2.2 Carriage of children and young persons:
We will not be obliged to carry any child under 14 years of age unless that child is accompanied by a responsible person aged 16 or over. Children under 4 years of age and not occupying a seat may travel free if accompanied by a full fare paying passenger over the age of 16. Children over the age of 4 require a ticket to be able to travel on our services.
2.3 Your ticket:
Your ticket is a record of our agreement to carry you or to arrange for your carriage. Your ticket is our property, and shall be returned to us on request. If your ticket was purchased by someone else, you agree that such person purchased the ticket as your agent. A ticket may only be used by the person(s) named in it or for whom it has been purchased, and may not be transferred to or used by anyone else.
2.4 Validity of your ticket:
(a) Travel permitted by your ticket : Your ticket permits you to make the journeys and travel on the services stated on the ticket, subject to any restrictions or statements as to the services, dates, days of the week, and times within a day on which you may travel, set out on the ticket or in any Special Conditions applicable to the ticket.
(b) Ownership of ticket : Your ticket remains our property at all times and if a ticket is defaced, damaged or tampered with, or lost, it is not valid for travel. We reserve the right to refuse to issue a replacement ticket in such circumstances. If we exercise our right to refuse to issue a replacement ticket, we will notify you within 7 days of so refusing setting out the reason for withdrawing the ticket.
(c) e-ticket validity: The e-ticket is valid for the tile and date mentioned on the e-ticket. In case of delays, e-ticket is valid for the next departure time on the same day, considering that it is from the original location and changed by our employees at the AEB-desk.
In the event the passenger misses the last departure of the scheduled date as a result of delays, the ticket is valid for the next day only and only for the first departure and changed by our employees at the AEB-desk. Changes are always subject to availability.
2.5 Amendments to your ticket:
(a) Time limit for making alterations : If you wish to make any amendments, you must request these amendments 1 day prior to the departure of the service on which you are to make the first journey permitted by your ticket, otherwise the amendment will be treated as a cancellation and issue of a new ticket.
(b) How amendments/alterations may be made: Amendments to tickets may only be made by our offices and agents and can be done up to1 day prior to the departure date . A reasonable administration fee will be charged for amending a ticket.
(c) Effect of amendment : An amendment to a ticket shall constitute an amendment to our contract with you. If the published fare payable for the ticket as amended would be more than the fare already paid for that ticket, then an additional fare will be payable for the difference, but the fare already paid by you will not be refunded except in accordance with any refunds expressly allowed under these General Conditions of Carriage.
3 PASSENGER RESPONSIBILITIES
3.1 You must check your ticket:
You must check your ticket for errors as soon as you receive it. If your ticket was issued to you in person from our offices or agents, then you should check your ticket at that time and bring any errors immediately to the attention of the person who issued the ticket to you. If your ticket was delivered to you by post or any other method, then you must inform us of any errors no later than 2 working days after you receive your ticket and in any event prior to the stated departure time of the service. If your ticket is an e-ticket you must check the details in the ticket purchase screen on our web site. You will not be permitted to make any amendments to the e-ticket or correct any errors in its details once you have confirmed the booking. If you fail to inform us of any errors at the required time, then your ticket will be assumed to be correct. We will correct any ticket which contains any errors which were not reasonably apparent, if you tell us about those errors as soon as reasonably possible after you notice them, and you give us reasonable justification for saying that an error was made.
3.2 You must travel with your ticket:
You must take your ticket with you whenever you travel on a service, and you must produce your ticket for inspection when asked. If you do not take your ticket with you when you travel, or do not produce your ticket when asked then you will be considered to have travelled without a ticket. If you do not have a ticket when boarding, and subject to seats being available, a ticket must be purchased from the driver.
3.3 You must travel with a valid ticket:
(a) Travel without a valid ticket: You must travel with a valid ticket. You will be considered to have travelled without a valid ticket if you travel without a ticket at all or fail to purchase a ticket prior to the departure of the service, or you travel with a ticket which you are not entitled to or you travel without a ticket which you have purchased, or you travel on any service on which your ticket does not permit travel, or you travel in breach of the General Conditions of Carriage or any Special Conditions applicable to your ticket, or you travel further than your ticket permits, or you travel with a ticket which is declared by these General Conditions of Carriage or any Special Conditions to be invalid.
(b) Effect of travelling without a valid ticket: We will not allow you to board a service if you do not have a valid ticket or fail to purchase one at the AEB-desk or other agency. If you do travel on any service without a valid ticket, you shall leave the service when asked, and we may remove you from the coach if you refuse, unless you immediately purchase a valid ticket for your journey and you pay the full appropriate fare for the journey which you are making.
(c) Fraudulent e-tickets If we have reasonable grounds for considering that an e-ticket has been fraudulently used, we reserve the right to confiscate the e-ticket and prevent you from traveling on our services. You shall not be entitled to a refund in respect of any e-ticket confiscated in accordance with this Clause, and we shall have no further obligations or liability to you.
3.4 You must take care of your Ticket:
(a) LOST TICKETS: We will not be obliged to replace your ticket if it is lost, mislaid or stolen, You will be required to purchase a new ticket to enable you to travel.
(b) SPOILED OR TAMPERED TICKETS: If your ticket is spoiled or tampered with, it will be invalidated, and if you travel with it, you will be considered to have travelled without a ticket. If your ticket is spoiled or tampered with before you travel, then we may replace your ticket if you ask for a replacement 1 week before you to travel, and you provide us with proof of purchase, your identity, and a reasonable explanation as to why your ticket was spoiled or tampered with. We may refuse to replace your ticket if it is reasonable to do so. We may charge you a reasonable administration fee for replacing you ticket. The replaced ticket is available at the AEB-desk.
3.5 You must make sure you are on the correct service:
You are responsible for making sure that you meet any service on which you are travelling at the relevant boarding point.
3.6 You should arrive at the boarding point at least 10 minutes before departure:
(a) Arrival : You should arrive at the boarding point for a service at least 10 minutes prior to the timetable departure time for that service.
(b) Effect of late arrival : We may give your seat to another passenger if you arrive later than the scheduled departure time, in which case you will be considered to have missed the service. We shall not be liable to you if you miss any service as a result of your late arrival, and shall not be obliged to hold up any service to wait for you, or to provide a seat on any other service, if you miss a service.
3.7 You must allow sufficient time for connections:
You must allow plenty of time for a service to arrive in time to connect with any other services:
(a) airlines suggest that passengers be at the airport at least 2 hours before the departure of their scheduled flight.
(b) You must allow plenty of time for a service to arrive in time to connect with other forms of transport provided by other carriers on which you are planning to travel. Where such other form of transport involves air travel we recommend you allow at least 2 hours before your flight check in time;
3.8 Joining and leaving a service:
You may not board or leave any service except at the starting, or finishing, point of your journey.
3.9 Breach of conditions applicable to your ticket:
If you fail in a material respect to comply with any condition that governs your ticket, we may cancel the ticket, and refuse you further carriage, without any obligation to refund the fare or other liability to you.
4. Air Expressbus RESPONSIBILITIES
4.1 Our obligation to carry you:
It is our obligation to carry you and your permitted luggage on the journeys permitted by your ticket, on and subject to these General Conditions of Carriage and any Special Conditions. We will make reasonable efforts to carry you with the minimum discomfort and inconvenience.
4.2 We will not carry animals:
We will not carry dogs or any other animals (other than guide dogs accompanying registered blind persons, and hearing dogs accompanying deaf persons) on any of our services.
4.3 Timetable of Services:
The published running times of any service are only stated approximately and we will use reasonable endeavours to minimise any disruption to your journey.
4.4 Our liability for cancellations and withdrawals of services:
(a) Our liability is limited to what is stated in these Conditions: Except as provided in these General Conditions of Carriage, we shall not be liable for any loss, damage, liability, or cost suffered by you as a result of any cancellation or withdrawal of any service by us, or any delay to any service, or termination of any service.
(b) No liability if you have no reservation: If we cancel or withdraw a service before it has commenced and you do not have a seat reserved on it, we shall have no liability to you.
(c) Cancellation after service has begun : If a service on which you are travelling commences and is terminated before reaching your destination, other than for a reason outside our control, our liability will be at our option to:
(i) provide a substitute coach, which may lack all of the advertised facilities; or
(ii) provide refund or reschedule.
4.6 We have no liability for circumstances beyond our control:
We shall have no liability for any delay or failure to carry you, or for breach of contract, where caused by a circumstance beyond our reasonable control. The following shall be considered to be circumstances beyond our reasonable control: war or threat of war, accidents causing delays on the service route, exceptional severe weather conditions, technical problems, fire and/or damage at a station, compliance with requests of the police, customs or other government officials and security services, deaths and accidents on the road, vandalism and terrorism, unforeseen traffic delays, strike/industrial action, riot or local disturbance or unrest, problems caused by other customers, bankruptcy, insolvency or cessation of trade of any carrier used by us and other circumstances affecting passenger safety.
5. e-TICKET VALIDITY
The e-ticket is valid for the next departure time from what is stated on the ticket for the same date of travel and from the original location only
In the event of delays, e-tickets are valid for the next departure from what is stated on the ticket for the same date of travel and from the original location only and only when changed at the AEB-desk at the airport and is also subject to availability.
In the event the passenger misses the last departure of the scheduled date because delays, the ticket is only valid for the next day only and only for the first departure and only when changed at the AEB-desk at the airport and is also subject to availability.
6. REFUNDS AND RESCHEDULES
In the event of general delays, the e-ticket is valid for the next departure time from what is stated on the ticket for the same date of travel and from the original location only and only when changed at the AEB-desk at the airport and is also subject to availability.
In the event the passenger misses the last departure of the scheduled date as a result of delays, the ticket is valid for the next day only and only for the first departure and only when changed at the AEB-desk at the airport and is also subject to availability.
6.2 What refunds and reschedules are allowed:
You are not entitled to cancel or reschedule your ticket, and we shall not be obliged to refund to you any fare for your ticket in any circumstances, except for any refunds expressly allowed in these General Conditions of Carriage or any Special Conditions, 4.5 (d).
In the event the passenger misses the last departure of the day because of a late flight arrival, the ticket is valid on the first departure of the next day only.
7.1 Permitted Luggage:
We will carry your luggage on and subject to these General Conditions of Carriage and any applicable Special Conditions. You are allowed to take onto a service one or two medium sized suitcases or rucksacks (no more than 20kg per item, and one small piece of hand luggage). In this context, hand luggage means something that is capable of fitting in an overhead luggage rack or under seats. We shall have no obligation to carry luggage in excess of the permitted amount. We may agree to carry additional luggage such as skis and folding/dismantled bicycles, subject to available accommodation provided that they are packed in a purposely made, fully protective wrapping and collapsible manual wheelchairs. If we agree to carry any particular luggage on any journey this does not mean that we have agreed to carry that luggage on any subsequent journey you make. Fragile items such as electrical goods, portable televisions and radio will only be carried if they are of reasonable size and securely fastened. Drivers are not obliged to lift your luggage on or off coaches, but will offer reasonable assistance to you, except where in the reasonable opinion of the driver, your luggage exceeds the recommended weight, whereby you will be responsible for the lifting of your luggage, on and off the coach.
7.2 Prohibited contents:
(b) What happens if you take prohibited luggage: If you take any of these items onto any coach, we may remove them from the coach immediately on discovery, and leave them outside the coach, wherever they may be situated. If you have any doubts as to whether we will carry any particular item, you should obtain our written confirmation before purchasing your ticket. If you take any prohibited items of luggage onto a coach or into a station, we shall not be liable for any loss or damage occurring to such items for any reason whatsoever.
7.3 Packing and identification of luggage:
You must pack all of your luggage safely and securely, and lock and fasten it, with a view to protecting your luggage from loss, damage or interference, and to protecting any other property on a coach from being damaged by your luggage. All luggage which is given into our custody should be clearly and appropriately labelled and include a contact telephone number where possible. We will not be obliged to carry any luggage that has not been properly packed or labelled.
7.4 Inspection of luggage:
We shall be entitled to inspect all of your luggage, for the purpose of ensuring compliance with the above requirements. We shall not be obliged to carry you or your luggage, and shall be entitled to remove you from any coach, if you refuse to submit to a search.
7.5 Storage of luggage:
All luggage other than hand luggage will be stored in any hold or other storage compartment on the coach, and not in the passenger compartment of the coach.
7.6 Getting the luggage onto a service:
You are responsible for getting your luggage onto and off a coach. It is your responsibility to see your luggage put on and taken off a coach, or checked-in at any station where check-in arrangements apply. Except for any luggage stored in the hold of a coach, you must also look after your luggage at all times, including at any station and your hand luggage whilst on a coach.
7.7 Small valuables and important items:
Small valuable items should not be stowed in the luggage hold under any circumstances but should be taken on board a coach as hand luggage. Small valuable items includes money, medication, jewellery, precious metals, laptop computers, personal electronic devices, negotiable papers, securities or other valuables, business documents, passports, visas, tickets and identification documents. Small valuable items may be placed in the overhead racks or under your seat, but should not be left unattended by you. Where possible, small valuable items should be carried on your person.
7.8.1 Our liability for luggage:
If you leave behind or lose any of your luggage on a coach or at a station we shall take reasonable care of that luggage.
7.8.2 We will store luggage:
If we find any of your luggage on a coach or at a station, we will store it at such location as we may decide, but all such storage will be at your risk. We may charge you a reasonable administration fee for the storage and return of your lost luggage.
7.8.3 Our right to dispose of luggage:
If you have not collected your lost luggage within 1 month of our receiving or finding it, we may dispose of your luggage in any manner we wish, including by destruction or sale, and we shall be entitled to keep any sale proceeds. We shall be entitled to open and examine any left or lost luggage. If there are any items which we consider are dangerous or perishable or otherwise unsuitable for storage, we shall be entitled to dispose of those perishable items within 48 hours of our receiving or finding such items.
7.8.4 You must hand over lost luggage of other people:
If you find any property of any other person on any coach or at any station, you must hand it over to us immediately. If you find any property on any coach you shall hand it over to the coach driver where possible.
7.9 Notification of loss or damage:
7.10 Our liability for loss or damage to Luggage:
Your luggage shall be at your risk at all times, and we will only be liable for any loss of or damage to your luggage caused by our negligence. Our maximum liability to you for any loss of or damage to your luggage, whether for breach of contract, breach of any duty of care in relation to the luggage, our negligence, or any deliberate or negligent acts of any of our employees, agents or representatives, shall be limited to € 500 for all such loss or damage. You should insure your luggage with reputable insurers against all usual and normal risks of loss or damage, to the full replacement value of the luggage, with no excess.
8 PASSENGER BEHAVIOUR
8.1 Required behaviour and prohibited behaviour:
You shall behave in a reasonable, sensible and lawful manner on a coach and at any station, comply with any request from a member of staff concerning the availability of certain seats reserved for disabled passengers, use mobile phones is not permitted on the coach: be abusive or threatening to any staff or any other person; or conduct yourself in a way which may endanger yourself, any coach or station or any person or property on board any coach or at any station; or obstruct any driver, crew, officer or staff in the performance of their duties or fail to comply with their instructions; or behave in a manner which causes discomfort, inconvenience, damage or injury to other persons; or obstruct or allow any of your luggage to obstruct any aisle or emergency exit; or play any radios, cassette or CD players, personal stereos, musical instruments or radio or electronic devices that are audible and distracting or annoying to any person or which interfere with or render less audible any public address system or other equipment, or take onto any coach or into any station any alcoholic drinks or drugs (other than medicines) for the purpose of consuming them, or consume them on any coach or in any station, or consume or take any hot food onto the coach, such as chips, or other takeaway foods; or board any coach whilst under the influence of alcoholic drinks or drugs; or smoke; or board any coach whilst you are seriously ill or suffering from any serious contagious illness.
8.2 Consequences of bad behaviour:
If you fail to comply with any of the behaviour rules in Clause 7.1, or we have reason to believe you may continue any conduct in breach of those behaviour rules, we shall be entitled to restrain you, remove you from the coach or station, refuse you further carriage, cancel your ticket without refund, and take any other measures as we consider necessary to prevent continuation of such conduct.
8.3 Our liability for behaviour of other passengers:
Whilst we will use our reasonable efforts to control the behaviour of other passengers on a coach or at a station, we will not be liable to you for any act or omission of any other passenger on a coach or at a station.
9.1 Governing Law:
Your ticket, the contract with us to carry you, and any carriage we provide to you shall be governed by Dutch law, and the Dutch courts shall have exclusive jurisdiction.
Each of the provisions of these General Conditions of Carriage shall be separate and severable. Should any provision be invalid or unenforceable, it shall be severed from these General Conditions of Carriage, and the remaining provisions of these General Conditions of Carriage shall continue in full force and effect and be amended as far as possible to give valid effect to the intentions of the parties under the severed provision.
9.3 Your personal data:
Your personal data (including details of and copies of your travel documentation) given to us by you or our agents or representatives may be kept on record by us, and used and disclosed by us for the purposes of administering your ticket, purchasing tickets for your carriage by carriers other than us, making seat reservations for you for travel on any service, administering, performing and exercising any rights under your carriage contract with us, these General Conditions of Carriage and any Special Conditions, and complying with any legal obligations we may have to make available such data to government agencies or other persons in connection with your travel. In carrying out this purpose, we may disclose your personal data to our own offices, our agents and representatives, sub-contractors, government agencies, and any other carriers. You consent to this receipt, use, disclosure and transfer of your personal data.
9.4 Amendments and waivers:
None of our employees, agents, or representatives, has authority to alter, modify or waive any provision of these General Conditions of Carriage or any Special Conditions.