ALPINBUS GMBH - TERMS & CONDITIONS

Please read the following terms and conditions carefully before making your booking. They contain important information concerning your rights and obligations.

The following terms apply  to contracts made  through our website: www.alpinbus.com, as a transfer service provider or as an agent for the supplier.

By completing your reservation, you confirm that you have read, understood and accepted the following conditions. You further confirm that you possess the legal authority necessary to accept these terms and conditions in your own name or on behalf of any companions and you are over 18 years of age and where placing an order for services with age restrictions you declare that you and all members of your party are of the appropriate age to purchase those services. You accept financial responsibility for payment of the booking on behalf of all persons detailed on the booking.

All communication directly related to the service you make with us must be received in writing at the following email address: [email protected] or via writing to our registered office in Malserstrasse 14 / 2.OG, 6500 Landeck.

1. Services

Alpinbus GmbH acts as transfer provider or as  booking agent in the name of different local transfer operators (later called as “the Supplier”). In order to request and contract a service you must follow the application procedure established on our website. All bookings must be requested a minimum of 24 hours before the scheduled transfer.

a) The services displayed through our website: www.alpinbus.com, do not constitute an offer of sale on our behalf, but instead of an invitation for you to solicit said services from the Supplier. We may accept or reject your solicitation on behalf of the Supplier. All accepted requests are formalized by the sending of a reservation voucher to the email address you provide to us during the booking process. So if your request is rejected or cancelled, you will be refunded of your pre-reservation payment or we may offer you an alternative service and/or supplier who may have different conditions and/or additional charges.

b) Your reservation represents a direct contract between you and the Supplier. All information sent to the Supplier will be included in your reservation voucher. Our function is to facilitate the creation of the contract between you and the Supplier. As the agent, we do not accept responsibility for any aspect of the services provided by the Supplier in case the service was not provided by Alpinbus GmbH itself.

c) The reservation or purchase of different transport services through our website does not constitute a “travel or tour package” in the sense outlined in the 1990 European Directive on package travel, package holidays and package tours. Each reservation constitutes an independent contract between you and the Supplier.

d) Please note that all communication between you and the Suppliers is handled through Alpinbus GmbH booking team. You can reach the booking team via Email: [email protected] or calling +43 670 309 00 16. This includes also the payment handling of prepayments via credit card. Alpinbus GmbH is managing prepayments and refunds through our Alpinbus GmbH payment gateway and collects/forwards payments in the name of the supplier.

2. Online Reservation Procedure

a) All public transportation services offered by Alpinbus GmbH through its website have been authorized by the local Supplier.

b) By completing the reservation form, you will be purchasing a service via the web. All information provided in the reservation form will be facilitated to the Supplier in order to validate and confirm the service solicited. It is the client’s responsibility to review and ensure that all the names, addresses, telephone numbers, dates, hours and other information provided are corrected. If any information is incorrect, you must contact us immediately and never the less than 24 hours before your scheduled service. For further details, please see our point 6 – Amendments to bookings.

c) Immediately after the payment has been made, you will receive a receipt and confirmation of payment via email. This receipt of payment does not constitute a confirmation of your reservation but serves to confirm that your request is being processed by the Supplier. Once the Supplier has accepted your request, you will get a reservation confirmation email and booking voucher. This will constitute the formal contract between yourself and the Supplier. The date of the contract will be that which appears in the Booking Voucher.

d) The meeting point for you and the Supplier will appear in the Booking Voucher. You will also find in the same document our 24hour assistance telephone number available for the customers during their travel. Calling this number will connect you to a member of our Customer Service team who will be available to attend your call in English and assist you with any unforeseen circumstances related to your transfer.

e) Once you have received the Booking Voucher it is your responsibility to review carefully all the details there within and ensure that all the information is correct. We, as the booking agent, cannot be responsible for the errors or discrepancies that may appear in your booking voucher. If you detect any error in your transfer details, you must contact us minimum 24 hours before your first scheduled transfer. For further details, please see our point 6 – Amendments to bookings.

f) The information and details given to us by you during the booking process will only be provided to those people or administrations necessary for the fulfilment of the contracted service (local transport operators). In the final step of the booking process you authorize Alpinbus GmbH to communicate your details to anyone involved in the successful completion of said service. Please consult our Privacy and Data Protection Policy for more information.

3. Amendments to bookings

a) If you wish to change any information details e.g. flight number, flight timings, accommodation name or address, mobile number, arrival or departure dates, resort, passenger numbers, or vehicle size details, please do this by emailing [email protected] or through our website using your login details. Certain changes to your booking may result a change in the cost of the transfer, or the requested transfer not being available. In addition, we reserve the right to charge an administration fee of 25€ per booking for any amendments to Services or cancellations.

b) If you do not accept the additional cost, or the alternative transfer options that we can offer, then you will need to cancel your booking and will be governed by the standard terms for cancellations.

c) We cannot guarantee to make changes to any existing booking within 72 hours of the date of travel. This includes the change of the flight time or required pick up time. Once a pick up time has been confirmed (the day before travel) we will not be able to make changes to this pick up time, if it is based on the information we have been provided with on the booking and is within the rules specific to the transfer type that has been booked.

d) We will only accept confirmation from the person who made the original booking.

e) In situations where there is a supplement to be paid for a booking amendment, the requested changes will only be confirmed once the additional payment is received. At this point you will be issued with a new booking confirmation by email.

4. Cancellation

a) Customers are entitled to cancel their booking if they send us an email to [email protected] with the details and the reason of the cancellation.

b) Cancellations made at least 3 days before the date of travel, will be refunded fully.

c) In the event of a cancellation by the customer, they will receive an email confirming the cancellation.

d) Any refund, whether partial or in full, for cancellations made within the 3 day cancellation deadline, will be at our sole discretion.

e) Refunds can take between 14 and 28 days to be investigated and processed.

f) In case of cancellation we have the right to charge 25 Euro administration fees to cover our administration and banking costs. If the client has paid in advance for the transfer booking, the administration fee would be deducted from the amount to be refunded.

5. Conditions of carriage

a) The nominated supplier, its drivers and appointed agents, including us, reserve the right to refuse to carry any person who is, or appears to be under the influence of alcohol or illegal drugs and/or whose behavior is considered to pose a threat to the driver, the vehicle or the other passengers. No refunds will be made in those circumstances. Any person using threatening or abusive language or behavior to a driver or passenger will be asked to leave the vehicle immediately regardless of where it is or the time of day.

b) Customers who soil the interior of a vehicle due to excess alcohol consumption, or drugs, are liable to an on the spot fine of 200 euros. This fine is payable immediately to the driver. If the passenger refuses to pay, or has no money to pay, then the cleaning charge will be taken from the credit card that the client used to make the booking.

c) Parents, or minders (or friends over 18 years) of children and adolescents under the age of 18 years, are responsible for the conduct of these minors while in the vehicle and will be held responsible for any damage caused by the aforementioned minors.

d) Any damage caused to a vehicle by a customer must be paid for immediately.

e) Passengers are not allowed to take into our vehicles any alcoholic drinks for the purpose of consuming such drinks in our vehicles.

f) Smoking is not permitted in the vehicles.

g) Passenger’s baggage is, however, carried entirely at their own risk and no responsibility can be accepted by us, for loss or damage. We will not accept responsibility for any costs incurred or the making of any arrangements in returning the items to passengers.

h) Whilst all reasonable efforts will be made by the supplier, there is no guarantee that the vehicle will arrive on time in order to begin the period of hire, nor that it will reach its destination on time. We will not incur any liability in the event of such delay.

i) It is the responsibility of the customer to provide a contact mobile telephone number at the time of booking and that this number is switched on and working at the time of travel. We cannot be responsible for any issues that occur in the delivery of the transfer service as result of the customer failing to do so.

j) We will endeavor to monitor any flight delays affecting arrival transfers, but it remains your responsibility to ensure that the flight times and flight numbers given to us at the time of booking are correct. Whilst every effort is taken to monitor such situations, we do ask that we are advised of any new estimated arrival times when available (and if practical) so that service can be rescheduled accordingly, which may involve a wait for a vehicle to become available, or an additional charge for the waiting time incurred by the driver.  In the event of flight delays exceeding 60 minutes, and if the allocated driver has to leave the airport prior to the arrival of the client, clients will be placed on the next available transfer that is going to the requested destination. If a client insists on the driver waiting, regardless of the length of a delay after 60 minutes, there will be a charge of 30 euros per hour. Clients are asked to do their best to keep Alpinbus GmbH informed about all possible delays of their flight(s).

k) In the event of a flight being cancelled, the customer is deemed to have missed their transfer. If an alternative flight is arranged, then the customer would need to make a new booking for a transfer at full cost, subject to availability of transfers. We will provide a statement for the customer, stating that they were unable to travel on the original booking, which may be used to make a claim on their travel insurance. In situations where the customer informs us of the flight cancellation before the scheduled flight arrival time and it is possible for us to offer an alternative transfer option for the customer, we will endeavor to do so. There may be an additional cost associated with providing this new service or, the alternative transfer offered may not be the same as what was originally booked. Any other journeys on the same booking are unaffected and are still valid as originally booked.

l) If the arrival flight is diverted, we request that you contact us. Whilst every effort will be made to accommodate changes of this nature, it remains the responsibility of the airline to transport you to the original arrival airport. We cannot guarantee to be able to provide the booked service in this situation, and if we can, an additional charge maybe applied.

m) We request that you keep us informed by telephone of any delays in collecting luggage, or of lost luggage, which may cause a delay to your booked transfer. A customer failing to notify us of a delay, may miss their transfer as it will be assumed that they did not travel. It is the responsibility of the airline, not us, to deliver any lost luggage to the customer. In a case of the waiting time delays exceeding 60 minutes since plane landed due to delays in collecting luggage, or of lost luggage, and allocated driver has to leave the airport, clients can be placed on the next available transfer vehicle that is going to the requested destination.

n) If you do not wish to wait for a next vehicle to become available for you, as a result in any delay in your flight arrival or luggage collection and you decide to make your own alternative travel arrangements, we will not refund the money paid for your original transfer or contribute towards any alternative travel costs you incur. We will however on request, provide you with a written statement, as why any additional costs were incurred, which you may be able to use to make a claim from your travel insurance.

o) In the case that a customer is unable to take their transfer as a result of delayed, cancelled or missed flights and the customer incurs additional costs arranging alternative travel arrangements because of this, we will provide on request, a written statement as to the reason these additional costs were incurred, but will not be held responsible for any of these additional costs nor will we provide any refund for the originally booked service.

p) We will accept no liability for any difficulty, or service failure, if clients are not in possession of Booking Confirmation documentation provided by Alpinbus GmbH upon the completion of the booking, which outlines our arrival and departure procedures. We will not agree to any refund or compensation claims resulting from any service failure if passengers do not adhere to the procedures stated.

q) Alpinbus GmbH or our nominated supplier will endeavor to carry all passenger(s) with the minimum discomfort and inconvenience to his/her specified destination. However, the circumstances beyond our control may prevent the achievement of this. The following are examples of circumstances which are not within our reasonable control (“Force Majeure Event”):

*accidents causing delays to the vehicle

*vehicle breakdowns

*the vehicle being held or delayed by a police officer or government official

*exceptional or severe weather conditions

*compliance with requests of the police

*deaths and accidents on the road

*vandalism and terrorism

*unforeseen traffic delays

*industrial action by third parties

*other circumstances affecting passenger safety

*road closures due to local fiestas or other events

*properties that are not accessible to type of service booked

*acts of God, flood, earthquake, avalanche or any other natural disaster

*epidemic or pandemic

*war, threat of war or similar

*fire or explosion

*terrorist attack or riots.

r) We shall not be in breach of these terms and conditions, nor liable for any failure or delay in the performance of any of our obligations under these terms and conditions arising from a Force Majeure Event.

s) If Alpinbus GmbH or the nominated supplier were to fail for any reason within their/our control to deliver passengers to their confirmed destination, we will endeavor to provide a suitable replacement transfer. Any reimbursement made by us for the costs of an alternative means of transport incurred by the passenger to get to their ticketed destination, shall be no more than the cost of getting to that destination by taxi.

t) We schedule transfers according to the terms of the transfer type booked, never aiming to arrive at the airport less than 2-hours before the flight departure time under normal conditions. This pick up time will be confirmed with you

u) A customer requesting to leave later than the recommended time provided by us does so entirely at their own risk and we will not be held accountable for a missed flight as a result of this decision.

v) A customer may request specific pickup times that are not related to a flight time, when booking a private transfer only, and the request must be made at the time of making their booking. If a specific request for a pickup time is not made at the time of booking, then the pickup time will be scheduled around your flight time as outlined by the rules for the transfer type being booked. Once this pick up time has been confirmed by text message, it cannot be changed.

w) In the event that we are unable to reach a customer for their pickup time, due to the bad weather or the road conditions, the customer must attempt to make their own way for a suitable, safe pickup point. We will assist with the advice in this matter if necessary and will try to give the customer an advance warning whenever it is possible.

x) In the situation that the customer is not at the specified meeting point at the arranged time for a departure transfer from the resort, the driver will wait for a maximum of 10 minutes. After this time the customer will be deemed a ‘no show’, the driver will leave and we will give no refund for the transfer missed. If we are able to offer an alternative, later transfer, this will be treated as a new booking and will need to be paid for.

y) Most transfers that we offer are door-to-door, where the accommodation is accessible by surfaced and cleared roads. For some transfer types (certain shared and scheduled shuttle transfers) have a central pick up and drop off point in resort, which is specified on the transfer type description that you see when booking on our website. In certain situations it may not be possible for the transfer to directly access the accommodation, for example due to a road not having been cleared of snow or being too dangerous to drive, a road being too small for a vehicle to access (particularly when booking larger vehicles such as coaches) or the accommodation being in a pedestrian or car free area. In these situations, the drop off or pick up will be from the nearest accessible point to the accommodation and you will be responsible for getting to or from this point on your own. We recommend checking your accommodation and resort info before travel and be aware of any potential access issues. Please note that if destination address is not a valid address, we have the right to drop you off just at the tourist information office in the relevant location.

6.Supplier Information

For some regions or routes which are not covered by our direct passenger transport license the company Alpinbus GmbH acts as an agent for the contracting of transfer services through its website: www.alpinbus.com. In this case you make a direct contract between you and the local supplier in this region. Your reservation represents a direct contract between you and the Supplier. Your contract partner depends on the region your transfer is going to be performed: Internal transfers in Austria or cross-border transfers from/to Austria from/to Germany, Switzerland or Italy  Alpinbus GmbH, Malserstrasse 14/2.OG, 6500 Landeck; Register-No: FN442756m; [email protected] Internal transfers within Switzerland AB Connect AG, c/o Aarau Digital, Bahnhofstrasse 41, CH-5000 Aarau; Register-No. CHE-470.638.084; [email protected] Cross-border transfers through France from any destination: Cabtours SIA,Eimuri,Adazu nov., LV-2164,Registration-No. 40203024249; [email protected] Transfers within Germany Alpincab GmbH, Sudelfeldstrasse 24, D-83080 Oberaudorf, Register-No. HRB26498; [email protected]

7. Child Seats

a) The EU directive 2003/20/EC states that children must use an appropriate child seat until they reach 12 years old or until they reach a height of 135 cm. We can provide appropriate child seats free of charge, as long as they are specified at the time of booking. For children up to 19 kilograms we suggest you to request a ‘Baby Seat’ and for children over 19 kilograms to select a ‘Child Seat’ in the booking form.

b) A failure to request an appropriate child seat at the time of booking, or to bring your own child seat, will mean that we are unable to provide the transfer as booked, as we cannot legally transport the child without the correct seat. In this circumstance, we will not be able to provide any refund, or offer an alternative transfer.

c) On certain transfer types (Coach, Scheduled Shuttles) where vehicles over 8 passenger seats are used, it may not be possible for us to provide child seats. Please be aware that where this is the case, it is not a legal requirement to use such a seat. If you would like to confirm in advance of travel whether a child seat can be provided, please contact us.

d) We request that you enter the age of any children travelling on the Reservation System when making a booking. Please be aware that entering the age of a child is not a request for us to supply a child seat for them, this is only done by specifically selecting those from the Reservation System. If you enter the age of a child, but do not request a child seat as well, we will assume that you are bringing your own child seat with you and you will be bound by the terms set out in Clause

8. Child Pricing

All children and infants count towards the occupancy of the vehicle, regardless the age and thus should be included in the total number of passengers at the time of booking. We can provide child seats free of charge if specified on the booking form.

9. Mobility and Wheelchair Information

We do our best to make our vehicles as comfortable and accessible as possible for people with the reduced mobility. Whether you travel with a wheelchair, dependent on a service animal or pregnant at the time of your trip, we are prepared for that and can adapt to it.  Therefore, we strongly recommend making your reservations with as much advance of notice as possible to ensure the travel to be possible.

10. Baggage allowance and declaration

a) Each passenger is entitled to have carried with him on the relevant transfers up to two items of baggage, i.e. one suitcase which should not exceed 70 cm x 40 cm x 20 cm and one piece of hand luggage. Carriage of any baggage exceeding these measurements will be subject to available baggage hold space and may be declined.

b) If a passenger requires carriage of baggage in excess of this allowance (e.g. suitcases exceeding the maximum permitted size, skis, golf clubs, snowboards, bikes in bike boxes or bags, wheelchairs/scooters etc.) we must be informed at the time of booking. Ski or snowboard bags should not exceed 190 cm in length and the maximum size for bikes (when packed in a bag or box) is a length of 160 cm, height of 100 cm and width of 40 cm. Where it is possible for us to accommodate this extra luggage on the transfer, it will be confirmed on your booking confirmation email.

c) We reserve the right to make a charge for excess baggage, which must be paid prior to transportation, or to refuse carriage of the additional items if not agreed at the time of the booking.

11. Limitation of Liability

To the extent permitted by applicable law, Alpinbus GmbH will not be liable to you in any way (whether such liability arises in contract (by way of indemnity or otherwise), tort (including negligence) misrepresentation, breach of statutory duty, restitution or otherwise) for: any loss of your or any other person’s property in connection with the provided Services or any booking accepted by Alpinbus GmbH or its Suppliers;

a) any booking that has not been accepted;

b) any loss, damage, costs, expenses or liability suffered by anyone other than you in connection with your use of our service;

c) any losses that could not reasonably be expected to result from our negligence or breach of these Terms and Conditions;

d) any loss related to your business or the business of your employer or any other person;

e) any loss of profits, loss of revenue, loss of opportunity, loss of business or employment (whether such loss could be reasonably expected to flow from our negligence or breach of these Terms and Conditions); or

f) any other loss, damage, costs, expenses or liability that you suffer in connection with the Booking Services, save to the extent that Alpinbus GmbH fails to perform its obligations to you to the standard of a diligent and professional provider of the relevant services.

g) If Alpinbus GmbH is liable to you in connection with the booking services or its performed transfers, its liability will be limited to an amount to a maximum of twice of the cost of the related passenger’s booking in aggregate.

h) any bookings that have been performed by the suppliers of Alpinbus GmbH and not by Alpinbus GmbH itself.

Nothing in these Terms and Conditions will limit or exclude Alpinbus GmbH liability to you for personal injury or death caused directly by Alpinbus GmbH negligence.

12. Complaints

We take all customer service matters very seriously. If you experience a problem during your trip, we ask that you contact us immediately or in writing within 28 days of the date of the transfer, so that any issues can be investigated. Complaints should be sent by email to [email protected] We do endeavor to resolve any complaints received within 28 days. Failure to notify us concerned of your complaint at this stage will affect our ability to investigate the matter complained. As a result, the amount of compensation could be reduced or extinguished

13. Travel Insurance

We consider travel insurance to be essential and strongly advise you to arrange for appropriate travel insurance coverage for a comprehensive range of events including cancellation, baggage loss, accident and health issues.

14. Disabilities and Medical Problems

If you or any member of your party has any medical problem or disability which may affect your transfer, please provide us with full details before we confirm your booking so that we can provide the transfer as suitable as possible.

15. Governing law and jurisdiction

Any disputes which may arise from these Terms and the contracts based thereon shall be governed by and construed in accordance with Austrian law, to the exclusion of the UN Sales Convention and the conflict of law rules of International Private Law. All disputes arising from these terms and the contracts based thereon will be subjected to the exclusive jurisdiction of the court having subject-matter jurisdiction in Innsbruck. (Landesgericht Innsbruck, Maximilianstrasse 4, 6020 Innsbruck, Austria)

16. Data protection

Security is the top priority for us. Of course, this applies as much to the protection of your privacy as it does to the security of your personal data. With this in mind, we pledge to handle your personal data carefully and conscientiously. That’s why the processing of your personal data is continually reviewed, and corresponding to the technical and organizational security measures. The personal data you entrust us with is thereby protected against manipulation, loss or access by unauthorized persons. To be able to offer you this protection in the long-term, our data security measures are, of course, continually reviewed and renewed.

17. Enforceability Clause

If any portion or provision of this Terms (including, without limitation, any portion or provision of any section of this Agreement) shall to any extent be declared illegal or unenforceable by a court of competent jurisdiction, then the remainder of this Term, or the application of such portion or provision in circumstances other than those as to which it is so declared illegal or unenforceable, shall not be affected thereby, and each portion and provision of this Term shall be valid and enforceable to the fullest extent permitted by law.

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