Terms of Service of BUSBUS
Effective as of 31.12.2021
§ 1 General Information
1. The Owner and Operator of the Service is BUSBUS Sp. z o.o. with its registered office in Lesko, at Mickiewicza Street 17, 38-600 Lesko, entered in the register of entrepreneurs of the National Court Register by the District Court in Rzeszow, XII Commercial Department of the National Court Register under KRS number: 0000810903, with VAT number: 5170402786, with a share capital of 5,000 PLN; hereinafter referred to as the Administrator or Operator.
2. The present Regulations apply to the Service named BUSBUS.
3. The present Regulations define the basic types of services, their scope and the conditions for their provision, as well as the rules for concluding agreements for the provision of services electronically and for transport services.
4. Customers and Carriers using the Service are obliged to comply with the law, the principles of social coexistence, and to respect the good name and legal interests of the Operator as well as other Customers and Carriers.
5. The Operator reserves the right to remove an Account or temporarily block the ability to use the content and services for Customers and Carriers who violate or do not respect the provisions of these Regulations, or who in any way harm the interests of the Operator or other Users and Carriers. The assessment of the occurrence of such undesirable behaviour remains at the Operator’s discretion.
6. The services offered by the Service may be used by persons who have full legal capacity.
7. The Operator informs users that using services provided electronically may involve a risk for every Internet user, consisting of the possibility of introducing malicious software into the user’s IT system and the acquisition and modification of their data by unauthorised persons. In order to avoid the risk of the above-mentioned threats, the user should use appropriate technical measures that will minimise their occurrence, in particular antivirus programs and a firewall.
§ 2 Terms and Definitions
1. Wherever in these Regulations the following is mentioned:
1) BUSBUS – means the Operator of the Service available at the addresses www.busbus.pl, www.busbus.eu, www.busbus.de, www.location.busbus.eu, www.busbus.it, www.ru.busbus.eu i.e. the company BUSBUS Sp. z o.o. with its registered office in Lesko, at Mickiewicza Street 17, 38-600 Lesko, entered in the register of entrepreneurs of the National Court Register by the District Court in Rzeszow, XII Commercial Department of the National Court Register under KRS number: 0000810903, with VAT number: 5170402786, with a share capital of 5,000 PLN.
2) Personal Data – means information voluntarily and independently provided by the User during the registration process or through a form, processed by the Service for the purpose defined in these Regulations; detailed information regarding the collection and processing of Users’ personal data, including the Privacy Policy, is available on the website www.busbus.pl/privacy.
3) Carrier – means an entrepreneur within the meaning of Art. 43 of the Civil Code.
4) Bus – means a motor vehicle designed for the transport of passengers, including the driver, as well as any other vehicle owned by the Carrier that will be used to provide the Transport Service on the basis of a transport contract;
5) Offer – means a proposal to conclude a Transport Service agreement on the terms specified by the Carrier and made available to the Customer by BUSBUS;
6) Regulations – means these Regulations of the Service;
7) Service – means the online portal operating under the internet addresses www.busbus.pl, www.busbus.eu, www.busbus.de, www.location.busbus.eu, www.busbus.it, www.ru.busbus.eu, managed by the Operator.
8) Transport Service – means the service of renting a coach with a driver provided on the basis of a Transport Agreement concluded between the Carrier and the Customer by the Carrier for the Operator on behalf of the Customer. Herein, BUSBUS does not provide the Transport Service;
9) Transport Agreement – means an agreement for the transport of passengers concluded between the Carrier and the User on the terms specified by the parties to the agreement, concluded via the Service, where BUSBUS is not a party to the agreement;
10) Agreement – means an agreement for the provision of Service Services, concluded between the User and the Operator or between the Carrier and the Operator, on the principles indicated in these Regulations;
11) Services – means a service provided by the Operator to the Customer or Carrier via the Service.
12) Customer – means a natural person with full legal capacity and an entrepreneur within the meaning of Art. 431 of the Civil Code, who may use the Services available on the Service, specified in § 3 point 3 item 1), including the personalised process of ordering Transport Services.
13) Account – means the part of the Service assigned to a given Customer or Carrier, through which they can perform certain actions in the Service, according to the principles indicated in these Regulations;
14) Registration – means a one-time action consisting of creating an Account in the Service on the principles indicated in these Regulations;
15) Quotation Request – means a form/request sent to the Carrier via the Service regarding the Transport Service;
16) Commission – means a form of remuneration collected by the Operator from the Carrier for mediating the conclusion of a Transport Agreement;
17) Fee – means remuneration due to the Carrier for the completed Transport Service;
18) Civil Code – the Act of 23 April 1964 (as amended, Journal of Laws 2019, item 1145).
2. In every case where, in the definitions above, singular forms are used to designate an action, person or thing, these definitions also apply accordingly to the plural, and where the plural is used, they apply accordingly to the singular.
3. Every Customer and Carrier is obliged to comply with the provisions of these Regulations and to familiarise themselves with their content.
§ 3 Scope and Nature of Services
1. The provision of Services is carried out according to the principles defined in these Regulations.
2. The Service functions as an intermediary between the Customer and the Carrier, providing space for Carriers to advertise themselves and enabling Customers to compose quotation requests, receive offers and conclude Transport Agreements.
3. The Carrier may use additionally paid Services consisting of the Operator transmitting all orders received on the Service within its area of activity. The terms of cooperation in the form of additional services are regulated in separate agreements between the Operator and the Carrier.
4. Based on additional separate agreements, the Operator provides paid advertising services consisting of: providing advertising space on the Service’s website with unspecified or specified user location, or providing advertising space on the Service’s main page with a specified location based on the Service user data collected by the Service.
5. Customers may search, view, display, compare and conclude Transport Agreements available on the Service free of charge.
6. Customers may submit Quotation Requests to the Carrier. The Carrier should respond to the Quotation Request via the Service within 72 hours of its submission; otherwise, the Quotation Request will be cancelled.
7. The Operator, on behalf of the Customer, may mediate the conclusion of a Transport Agreement between the Customer and the Carrier.
8. For the Transport Service provided via the Service, the Operator will collect a Commission from the Carrier on the principles defined in a separate agreement concluded with the Carrier.
9. BUSBUS does not rent buses nor offers any services related to the transport of passengers.
10. BUSBUS is not a party to Transport Agreements concluded between the Customer and the Carrier, nor does it guarantee that the Customer and the Carrier are entitled to conclude and perform the Transport Agreement.
11. BUSBUS is not responsible for the quality of Transport Services provided by the Carrier to the Customer, nor does it guarantee the completeness, usefulness or legality of the Carrier’s Offer.
12. The Carrier is responsible for the proper performance of the agreement concluded between the Customer and the Carrier and for resolving any claims or other problems related to the agreement between the Customer and the Carrier.
13. The Agreement for the provision of a Service consisting of making available an interactive contact form enabling the Carrier to contact the Customer is concluded for an indefinite term and is terminated upon deletion of the Account from the Service.
14. The Operator reserves the right to suspend the operation of the whole Service or certain functionalities in the following cases:
1) violation of the Service Regulations;
2) suspicion of a threat to the security of the Service and/or Users;
3) suspicion of committing a criminal offence or an offence.
§ 4 Service
1. The Operator uses a “cookies” mechanism, which, during the use of the Service by the user, is saved by the Operator’s server on the hard drive of the Customer’s and Carrier’s terminal device. The use of “cookies” aims to ensure the proper functioning of the Service on the terminal devices of Customers and Carriers. Every Customer and Carrier may disable the “cookies” mechanism in the internet browser of their terminal device. The Operator points out, however, that disabling “cookies” may hinder or make it impossible to use the Service.
2. The Operator will make every effort to ensure that data transmission via the Internet when using the Service is secure, i.e., that transmitted information is sent with the preservation of confidentiality, integrity and completeness of the transmitted data.
3. The Operator declares that, regardless of the measures taken by it to secure the Service, due to the public nature of the Internet and the use of services provided electronically, Customers and Carriers should expect the risk of unauthorised persons acquiring and modifying entered data. Therefore, they should also use appropriate technical measures to minimise the aforementioned risks by applying security measures protecting Internet users.
4. Any unusual signs of Service operation, in particular a different appearance of the Service (graphic design), unprecedented messages, images, without prior information issued by the Operator to Customers and Carriers regarding the possibility of such events, may indicate an attempt at unlawful acquisition of a password or other unlawful actions by third parties. In such circumstances, the Operator recommends immediately stopping the use of the Service.
5. The Operator is not responsible for technical problems or technical limitations in the computer equipment or internet connection used by the Customer and Carrier, which prevent the use of the Service and the services offered through it.
6. The Operator reserves the right to place advertising materials of Carriers and cooperating entities on the Service. The Operator is not responsible for the content of advertising materials not originating from the Operator.
§ 5 Use of the Service
1. The Service can be used both without logging in and after logging in by the Customer and/or Carrier into their Account, subject to § 3 point 3. However, full functionality of the Service for Carriers is only possible after logging in.
2. Logging in by the Customer and/or Carrier is done by entering the e-mail address and password indicated during registration.
3. While using the Service, users may be offered Services within personalised advertising materials received from the Operator.
§ 6 Ordering a Transport Service
1. BUSBUS offers intermediary services in the process of searching for and ordering transports.
2. In order to submit a Quotation Request, the Customer fills out a form on the Service and submits the Quotation Request via the Service. Based on the quotation request, the Carrier determines the final amount due for the Transport Service and then sends an individualised Offer to the Customer. The Customer may accept the Offer, which results in the conclusion of a Transport Agreement between the Customer and the Carrier.
3. The Carrier and the Customer are obliged to respond to the Quotation Request and its version after applying changes within 24 hours from the submission of its last version. In the event of no response within this time, the Quotation Request may be cancelled.
4. When submitting a Quotation Request and/or ordering a Transport Service, the Customer simultaneously expresses consent to receiving e-mails, as well as to the disclosure of their phone number and personal data for the purpose of realising the Quotation Request and/or ordering the Transport Service, as well as other informational and promotional materials related thereto.
5. The Customer is obliged to pay the Fee for the Transport Service to the Carrier within the term specified in the Transport Agreement. Failure to pay the fee within the specified term results in the termination of the agreement.
6. In the event of additional costs impossible to foresee related to the Transport Service, the Carrier may charge the Customer an additional Fee during or after the realisation of the Transport Service. The Customer must express consent to accept the additional Fee in the Service.
7. Carriers pay BUSBUS a Commission on the gross price of the Transport Service resulting from the Transport Agreement concluded between the Carrier and the Customer and any additional costs, within 31 days from the realisation of the Transport Agreement.
8. By accepting these Regulations, the Carrier undertakes to settle the Commission. Actions by the Carrier the aim or effect of which is to avoid payment in connection with the Commission calculated by BUSBUS are prohibited.
9. The currency converter on the BUSBUS platform is for informational purposes only and should not be considered reliable or accurate. Actual prices may differ from those calculated by the currency converter.
10. The Operator does not guarantee the constant availability of the Carrier’s Offer on the Service and is not liable for its absence towards the Customer.
§ 7 Payments
1. When using paid Services provided by the Operator, the Carrier should settle its obligation towards the Operator.
2. BUSBUS generates an agreement and an invoice on behalf of the Carrier, which contains the data necessary to make a transfer covering the Fee from the Customer to the Carrier’s account.
3. BUSBUS is not responsible for any (authorised, unauthorised or incorrect) charge by the Carrier, nor for amounts not returned by the Carrier that were paid by the Customer to the Carrier. BUSBUS will not be liable for any damages or losses of any nature suffered by the Customer or Carrier as a result of or in any way related to the transaction.
§ 8 Cancellation of a Transport Service
1. Both the Customer and the Carrier may cancel a scheduled Transport Service.
2. In order to receive a full or partial refund of the Fee, the Customer is obliged to cancel the trip in accordance with the provisions of the Transport Agreement.
3. The obligation to pay the Fee or its part may be cancelled only with the explicit consent of the Carrier.
4. The Customer may change the parameters of the Transport Service only with the consent of the Carrier. If the date or time changes, the cancellation rules will apply to the original time and date of the order.
5. The Carrier may cancel the Transport Service in accordance with the provisions of the Transport Agreement. In this case, the Carrier is obliged to refund the amount collected from the Customer within the framework of the Fee for the realisation of the Transport Service.
6. The Carrier may propose to the Customer an alternative means of transport that has all the functionalities included in the Transport Agreement. The Customer may consent to it, object to it, or cancel the Transport Service without consequences.
7. In the event of an immediate threat to the safety of the driver or passengers, the Carrier may refuse to realise the Transport Service due to adverse weather conditions, the driver’s health condition or bus breakdowns. The Carrier may make this decision both during the realisation of the Transport Service and before its commencement. In such a situation, the Carrier, if possible, is obliged to provide a substitute service.
§ 9 Obligations
1. The Customer and/or Carrier is obliged to use the Service in compliance with applicable law, these Regulations, as well as the principles of social coexistence, including general principles of using the Internet, and to respect the rights of the Operator and third parties.
2. It is prohibited to post on the Service content of an unlawful or offensive nature, content whose obscenity has been excluded, content violating the personal rights of third parties, incitement to commit a criminal offence, as well as vulgar expressions.
3. The Customer and/or Carriers are obliged to immediately notify the Operator of any case of violation (or threat of violation) of their rights or the rights of third parties in connection with the use of the Service. All notifications should be submitted to the Operator via e-mail at the following address: kontakt@busbus.pl.
§ 10 Liability
1. The Customer and/or Carrier uses the Service voluntarily, at their own responsibility, therefore the Operator’s liability for any damages arising in connection with the use of the Service, in particular the lack of its functioning, as well as incorrect functioning, is excluded to the widest extent legally permissible.
2. The Operator is not liable for the use of the Service by Customers and/or Carriers in a manner contrary to these Regulations, in particular it is not liable for damages caused as a result of the Customer and/or Carrier providing the Service with false data and information.
3. The Operator conducts ongoing supervision over the technical functioning of the Service, ensuring its proper operation, however it does not guarantee the constant availability of all Service Services, nor their error-free or fault-free operation.
4. The Operator is not liable for technical limitations or problems in the IT systems of the mobile devices used by Users, which prevent or limit registered Users in using the Service. The Operator is not liable for unsatisfactory quality and performance of the Service.
5. The Operator is not liable for any interruptions in the operation of the Service caused by technical reasons, in particular the necessity of its maintenance, poor quality of the Internet connection, malfunction or defect of telecommunication devices, telecommunication network failure, or the actions of third parties.
6. The Carrier declares that it possesses the permissions and licences required by law to perform passenger transport in domestic and/or international traffic. BUSBUS is not liable for the untruth of the declaration made.
7. The Carrier bears full liability for the untruth of the declarations and assurances provided and for the non-fulfilment of obligations resulting from these Regulations or the Transport Agreement concluded with the Customer.
8. The Carrier bears exclusive liability for the offered Transport Services and for their improper performance.
9. The Operator does not bear any liability towards the Customer for any discrepancies that may arise between the visualisation or equipment of buses available with the Carrier, which were made available on the Service, and their actual condition, in particular the visual or technical condition.
10. The Operator does not bear any liability towards the Customer for the non-performance or improper performance of the Transport Agreement concluded with the Carrier via the Service. All claims in this regard should be submitted directly to the Carrier.
11. Complaints and claims regarding the conclusion or realisation of a Transport Service should be directed to the Carrier.
12. Regardless of whether the Fee for the Transport Service was collected directly by the Carrier or via BUSBUS, the Carrier is the party responsible for receiving, deducting, transferring or paying any taxes due for the Transport Service. BUSBUS does not act as a party to the Agreement.
§ 11 Intellectual Property Rights
1. The Operator holds all intellectual property rights to the Service and its individual elements, therefore the use of the Service in a manner or for purposes contrary to these Regulations or generally applicable law is prohibited and results in the User’s liability towards the Operator.
2. In particular, it is noted that:
1) Copyright protection applies to the program (including the source code) on which the Service is based and its interface (the graphic-functional layer visible on the Customer’s, Carrier’s device), as well as all graphic, multimedia and creative functional elements of the Service;
2) Confidentiality protection in the framework of know-how and trade secrets applies to all elements of the Service, including the ideas and solutions used in the Service.
3. Upon commencing the use of the Service, the Operator grants the Customer and/or Carrier a licence to use the Service according to its intended purpose; such a licence grant is only for the personal use as permitted and does not authorise the Customer and/or Carrier to grant further licences, nor to use the Service for other purposes.
4. The Carrier declares that:
1) it possesses all rights, including property copyright, related rights, industrial property rights, including in particular protective rights to trademarks, registration rights to industrial designs, to the content made available to the Operator for the purpose of fulfilling the Agreement, and that the use of this content will not infringe the rights of third parties;
2) it grants the Operator a non-exclusive, unlimited in time and territory, royalty-free licence to use intellectual property rights, including proprietary copyrights to works within the meaning of the Act on Copyright and Related Rights i.e. to photographs, 3D models, graphic materials, industrial property rights i.e. logos, trade names and trademarks made available to the Operator for the purpose of fulfilling the Agreement, including publicly available materials belonging to the Carrier related to the brand or brands with which the Carrier designates or promotes the Transport Services available in its offer. The fulfilment of the Agreement includes making available the functionalities of the Service to its Users via the Internet or other computer networks, mobile telephone networks and in any other way, including by telecommunication or satellite transmission, for the purpose of providing Services, improving the functioning and development of the Service, exchanging information, promotion and advertising, as well as within the framework of the Operator providing Services to third parties. The Carrier grants the Operator a licence in the above scope for the following fields of exploitation:
a) recording the work and making multiple copies by any technique, in particular digital techniques and computer recording techniques on any system and on any medium;
b) exploitation in whole or in parts online, including entering into a computer memory or disseminating in a multimedia network, including the Internet, mobile telephone network or making available in digital form in an unlimited number of transmissions and editions;
c) utilisation in the Service, on the pages of other services cooperating with the Operator, in computer programs and in mobile applications;
d) utilisation in any form for information, promotion and advertising purposes as well as for the realisation of services within the Service;
e) making available in such a way that anyone can access them at a place and time chosen by them (e.g. on the Internet);
f) translation, adaptation, rearrangement or any other changes,
g) performing as well as authorising third parties to create derivative works, modifications and productions (e.g. 3D models based on product photos);
3) is fully authorised to grant the licence to the Operator as mentioned above and to use it for making available, presenting, promoting and advertising its offer on the Service;
4) grants the Operator the permission to prepare a study as well as its elements that are the subject of the licence, as well as to use and dispose of these studies for the purpose of fulfilling the Services;
§ 12 Termination of Service Use
1. The User has the right to terminate the Agreement (close the Account) at any time, in particular if they do not accept changes made to these Regulations or the updated/modified Service.
2. If it is found that the Customer, Carrier commits actions prohibited by law or these Regulations, or violating the principles of social coexistence or jeopardising the legitimate interest of the Operator, the Operator may take all legally permitted actions, including restricting the User’s ability to use the Service.
§ 13 Complaint Procedure
All complaints regarding the improper functioning of the Service should be submitted to the Operator via e-mail at the address: kontakt@busbus.pl. The complaint should contain: name and surname, e-mail address; and in each case the model of the device on which the problem with the functioning of the Service occurred. Properly submitted complaints will be examined no later than within 30 working days from the moment of receiving information about the occurrence of the malfunction. The Operator will inform the Customer and/or Carrier via e-mail about the manner of examining the complaint. In the event that the data or information provided in the complaint require supplementation, the Operator will request, before examining the complaint, the Customer and/or Carrier to supplement it. The time given for providing additional explanations by the User extends the period for examining the complaint.
§ 14 Processing of Personal Data
Detailed information regarding the collection and processing of Users’ personal data, including the Privacy Policy, is available at the link www.busbus.pl/privacy.
§ 15 Amendment of the Regulations
1. The Operator may amend these Regulations for valid legal reasons (amendment of generally applicable law or change of the Operator’s organisational form) or technical reasons (modernisation of the Service, change of the Service’s mode of operation). The User will be informed about the amendment of the Regulations together with the indication of the reason for such amendment via e-mail to the e-mail address on which the Account is registered 14 days before the new Regulations come into force. The Operator will also inform about the amendment of the Regulations in a message displayed on the Service 14 days before the new Regulations come into force. During this time the Customer and/or Carrier should accept the new provisions of the Regulations or refuse to accept them by sending a relevant e-mail to the address kontakt@busbus.pl. Refusal to accept the amendment of the Regulations is equivalent to termination of the Agreement with immediate effect.
2. If the Customer and/or Carrier does not submit a statement of refusal to accept within the term indicated above, it is considered that they have accepted the amended Regulations without reservations as of the expiry of this term.
§ 16 Account Closure
The Customer or Carrier may at any time terminate the Agreement concluded with BUSBUS by sending an e-mail from the address registered in the system. In this case, access to all previously published functionalities will be blocked. Closing the account does not result in the termination of previously concluded agreements and the fulfilment of previously assumed obligations.
§ 17 Prohibited Content on the Service
Prohibited content on the Service includes:
1) marketing and advertising content, including company logos, links or company names of enterprises not cooperating with BUSBUS;
2) links and hyperlinks leading to external entities;
3) spam, unwanted attempts to establish contact or content that is published repeatedly, thereby hindering free use;
4) content that promotes illegal or harmful activities or incites to them, as well as vulgar, obscene, offensive content or content containing threats;
5) content of a discriminatory nature;
6) attempts to impersonate someone else;
7) illegal content or content that violates the rights of third parties or other entities, including property rights and the right to privacy;
8) Offers or profiles that contain false, misleading or capable of misleading the Customer and/or Carrier information.
§ 18 Discrimination
1. BUSBUS opposes all forms of discrimination of Customers and Carriers on the grounds of: skin colour, ethnic origin, nationality, religion, sexual orientation, gender identity and marital status.
2. Carriers cooperating with BUSBUS may not:
1) refuse to provide a service to a Customer on the grounds of their skin colour, ethnic origin, nationality, religion, sexual orientation, gender identity or marital status;
2) impose or change contract terms on a Customer on the grounds of their skin colour, ethnic origin, nationality, religion, sexual orientation, gender identity or marital status;
3) post Offers or advertisements that discourage or indicate preferences regarding Customers on the grounds of their skin colour, ethnic origin, nationality, religion, sexual orientation, gender identity and marital status;
4) impose other conditions or reject a reservation on the basis of the Customer’s age or family situation where it is legally prohibited;
5) refuse a Customer the provision of a Transport Service on the grounds of actual or presumed disability, if it does not exclude access to the ordered means of transport;
6) prohibit or limit the use of mobility aids available within the vehicle’s equipment;
7) post Offers or advertisements that discourage or indicate preferences regarding Customers on the grounds of their disability.
3. Carriers provide:
1) truthful information about the amenities of their Offer (or their lack) that may affect the sense of security of Customers of a certain age or travelling with children and which may cause that a given Transport Service would be unsuitable for them;
2) truthful information about the facilities of their offer (or their lack) so that Customers with disabilities can assess for themselves whether a given offer meets their individual needs.
4. Carriers have the right to ask detailed questions in order to determine for a person with a disability the Transport Service best adapted to their needs.
5. In the event of a refusal to provide a Transport Service, the Carrier is obliged to provide the Customer with justified reasons for the refusal.
6. BUSBUS may block the Accounts of Carriers who do not comply with the applicable rules of the Service.
7. Carriers cooperating with BUSBUS may, with the exception of the cases listed above:
1) reject a Quotation Request for a Transport Service on the grounds of factors that are not prohibited by law;
2) require passengers to respect restrictions regarding food consumed in the vehicle or the use of tobacco products, e-cigarettes, alcohol consumption, etc.
8. If a given Offer contains language contrary to the principles of the Service, the Carrier will be asked to remove specific phrases. BUSBUS may also, at its own discretion, take appropriate measures, including blocking the Carrier’s Account.
§ 19 Final Provisions
1. The User of the Service is not entitled to transfer their rights or obligations arising from this Agreement, in whole or in part, to third parties without the prior express written consent of the Operator, on pain of nullity.
2. In matters not regulated by these Regulations, the relevant provisions of Polish law apply, in particular the Civil Code, the Act on the Provision of Services by Electronic Means and the Act on Copyright and Related Rights – in their currently applicable versions.
3. If any provision of these Regulations is declared void or ineffective, the remaining provisions shall retain their full force and effect. The void or ineffective provisions of these Regulations shall be replaced by valid provisions that are in accordance with the law and are fully effective and most closely correspond to them.
4. Any disputes arising in connection with the use of the Service shall be resolved by the court competent for the Operator’s registered office and shall be governed by Polish law, with the reservation that in the case of a Customer who is a Consumer within the meaning of Art. 221 of the Civil Code, the competent court shall be the one according to general jurisdiction.
5. The online dispute resolution platform of the European Commission is available at the following link https://ec.europa.eu/odr. Note: we currently do not use an alternative method of resolving disputes related to customer complaints.
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