General Terms and Conditions (GTC)
RANGE OF APPLICATION
General Terms and Conditions (hereinafter GTC) regulate the mutual relations, rights and obligations of the Executive Car Service – Serbia as a service provider, its customers as service user and current legislation that defines the way of business.
All deliveries, services, including work and / or transportation service (hereinafter: services) of the Executive Car Service – Serbia as service provider shall be governed exclusively by this GTC. The GTC also apply to all future deliveries and / or services.
We hereby declare that GTC do not apply for clients in cases where exists agreement between the Executive Car Service – Serbia and client, when agreement is formulated by contract, official document or when the agreement is defined in writing.
Any disregard of these GTC will have legal effect only if approved in advanced in writing by the Executive Car Service – Serbia and remain in effect for that case only.
Employees and drivers of the Executive Car Service – Serbia are not authorized to provide and arrange obligations of any kind in the name of the Executive Car Service – Serbia.
By using service of the Executive Car Service – Serbia, the buyer (s) and / or the person (s), as natural or legal person, that is transported (hereinafter also referred to as a passenger) agree to comply with these GTC.
Any case of disrespect of the GTC will have legal effect only if case can not be resolved by peaceful means, i.e. by direct agreement with the client. Situation resolved in this manner must be approved in writing by the Executive Car Service – Serbia and the client.
FUNDAMENTALS OF CONTRACT
Services that are contracted and carried out are based on clients’ individual requests. Orders may be issued by the phone, an e-email or in any other form of direct communication. Executive Car Service – Serbia confirms every approved order in writing, via SMS, e-mail or formal letter with return receipt.
The service not confirmed in this manner is considered non-binding by the Executive Car Service – Serbia, therefore for service with unconfirmed status the Executive Car Service – Serbia does not bear legal, ethical or business responsibility. Inability of receiving service confirmation by the client, when the request is not cancelled, shall be considered received confirmation.
The Executive Car Service – Serbia does not assume any obligation to check the data, documentation or information obtained by the client. The obligation of the client is to synchronize the information on which assignment is based with their needs and tasks specification.
REFUSAL AND TRANSPORT LIMITATION
The Executive Car Service – Serbia reserves the right to refuse to provide, or discontinue provision of service at any time and for any reason, if there is a risk to passengers, staff or resources of the Executive Car Service – Serbia. In extraordinary circumstances, changes of traffic situation, as well as in cases of natural disasters, the Executive Car Service – Serbia reserves the right to substantially alter the time, route, vehicle or any element of service when it is in the best interests of the passengers, staff and protection of the Executive Car Service – Serbia resources.
People suffering from chronic diseases are obliged to report their health condition, to go on their journey informing the Executive Car Service – Serbia staff about their health problems that may become acute during the voyage, about therapies received in that case and inform timely the Executive Car Service – Serbia about all the ways in which employee can provide them with the necessary assistance on the spot, as well as to forward the information to the nearest medical institution.
People whose behaviour or condition is quite contrary to any aspect of traffic safety, as well as persons who are at risk of harmful behaviour, people who are in the zone of security risks, the Executive Car Service – Serbia may refuse to transport them even though the previously agreed service is confirmed. People who conduct any kind of criminal activity during service provided, the Executive Car Service – Serbia is not obliged to transport and the clause of GTC related to the Trade Secret is not valid in case of investigation. With these conditions, the Executive Car Service – Serbia distances itself from any obligation towards the client who has elements of civil or criminal action or can lead to such action by services user.
Children under 6 years of age can not use independently services of the Executive Car Service – Serbia without parental supervision or legal guardian. In cases when children are sent alone on journey, the Executive Car Service – Serbia is able to provide accompaniment which is responsible to supervise the child. This service is charged separately and is not part of transportation service. Accompanying children under 6 years of age can be also younger minor (14 years of age) who will be responsible to take care of needs and behaviour of child under 6 years of age. The user of service which includes individual children transportation must have adequate documents, or the Executive Car Service – Serbia submits documentation showing that he is child guardian, therefore has right to have minor dislocated in any direction.
Employees of the Executive Car Service – Serbia as part of basic transportation service are not prepared and free to assist and provide services of animation or children supervision as part of basic transportation service. The Executive Car Service – Serbia is obliged to provide means, adequate service in terms of security of children transportation but children behaviour in accordance with instructions of employees of the Executive Car Service – Serbia is obliged to provide legal guardian, i.e. accompaniment.
Realization of the Executive Car Service – Serbia’s service requires adequate and timely collaboration by user. Therefore, the user is obliged to take all necessary measures in order to help the Executive Car Service – Serbia to provide fast and secure service. It is particularly important to:
- Indicate all addresses, flight numbers, directions of travel (departures or arrivals) and all its changes, in precise, complete and full manner.
- All modifications of the original agreement are considered accepted and approved by the Executive Car Service – Serbia only after written confirmation.
- It is necessary for service users to be precise, accurate and stick to the information (address, time) they asked during service stipulation, i.e. they indicated in request.
- Use the vehicle with due diligence, avoid behaviour that in any way may endanger the security or adequate service realization.
- Refrain any sort of activity that may distract employee and thus threaten the overall security of transportation, or actions that directly threaten users themselves of the Executive Car Service – Serbia services.
- Not interfere with employee while driving a vehicle.
- Not smoke in vehicles, drink an alcohol, and behave inappropriately and in a manner that may endanger lives and safety of traffic participants.
- Follow all guidelines of the Executive Car Service – Serbia’s employees on all matters related to the use of service and vehicle.
In case that the Executive Car Service – Serbia considers that the Passenger’s behaviour in vehicle is in such condition that jeopardizes vehicles or people and property on board, or to interfere with the crew carrying out their duty and if the Passenger does not follow crew’s instructions including, inter alia, to those related to smoking, alcohol or drug consuming or if he behaves in manner that violates comfort and peace of the other passengers or crew or if that may result damage or the injury thereof, the Executive Car Service – Serbia reserves right to take measures that considers necessary to interrupt such behaviour, including movement restriction. The Executive Car Service – Serbia reserves the right to requests from the Passenger to disembark from vehicle and to refuse further transportation at any point, and to take legal action against the Passenger for offenses committed while he was in the vehicle.
Passenger is required to obtain necessary travel documents and visas and to comply with the travel laws, rules, regulations, terms and conditions of the country to/from which he travels and through which transits.
The Executive Car Service – Serbia does not bear responsibility for consequences the passenger may suffer in case he does not obtain adequate documents or visas or if he does not comply with mentioned laws, rules, regulations, requirements, conditions, rules and instructions.
Passenger has right to transport certain quantity of luggage free of charge, subject to the conditions and limitations obtained by the Executive Car Service – Serbia.
The Executive Car Service – Serbia reserves the right to refuse transport of luggage if there is not enough space for its adequate and secure storage in the vehicle, unless there is a doubt that in the luggage are being transported object that may endanger safety of participating in traffic (self-igniting and explosive devices), that represent illegal merchandise (narcotics, antiques, materials prohibited by law), luggage whose weight exceeds maximum permitted load of the vehicle, luggage that can not be regularly and safely arranged in designated area because of its nature and size.
Firearms and ammunitions, other than those used for hunting and sport, can not be transported as Luggage. Hunting and sporting weapon may be accepted as registered luggage. The weapon must be unloaded, with safety catch and packed.
The luggage and other valuable object can not remain in vehicle, i.e. the Executive Car Service – Serbia does not bear any responsibility for them even though in cases when service user is leaving the vehicle for short period of time. This regulation is also applied to any kind of confidential information, storage devices and part of manual luggage whose disappearance may cause professional harm to the user or his company.
Forgotten or lost luggage, or other client’s personal items, the Executive Car Service – Serbia is obliged to keep three weeks after end of provided service. GTC does not predict obligation of the Executive Car Service – Serbia to contact the client in any other way, except the way through which the service was ordered. After three weeks in accordance with the law, the Executive Car Service – Serbia directs the luggage to the institution Lost and Found office and complete legal responsibility passes to this institution and it has right to dispose it without any obligation towards the Passenger.
The Executive Car Service – Serbia will deliver the Luggage to the certain person only on condition that the same person offers convincing evidence of its right to take the Luggage, and in condition in which it has been found.
TRANSPORTATION OF ANIMALS
In vehicles of the Executive Car Service – Serbia it is allowed transportation of domestic, domesticated animals, accustomed to be in proximity of people and longer stay in closed space, under the following conditions:
The Passenger is obliged to take care that the animals such as dogs, cats, feathered and other pets are being properly placed in cage and to have valid health certificates, vaccination certificate, entry permit and other documents in accordance with requirements of the country in which is being entered or in which is being in transit. Otherwise, the animals will not be accepted for transportation.
Service user that uses the transportation is responsible for animal’s behaviour and bears responsibility for any kind of damage caused by animal.
The animal can not endanger in any way employees of the Executive Car Service – Serbia, driver or crew members. The Executive Car Service – Serbia reserves the right to suspend services in cases if the safety of transportation is being jeopardized by animal’s behaviour. The Executive Car Service – Serbia reserves the right of changing service fee and extra charge that arise from change of service.
The Executive Car Service – Serbia is not responsible in case certain animal does not have necessary permits for entry and exit, health certificates and other documents related to entry of animal in, transit through or exit from certain state, country or territory, and person travelling with the animal is obliged to compensate to the Executive Car Service – Serbia all penalties, expenses, losses or obligations the Executive Car Service – Serbia may consequently suffer. In case that for this reason provision of service is interrupted and user is returned to starting destination, the Executive Car Service – Serbia reserves right of changing the price of service and additional fee arising from change in service.
It is prohibited to transport rear animal species, animals protected by law, animals whose transport requires special conditions, assets or veterinary care.
Service user is obliged to provide detailed information to the Executive Car Service – Serbia about animal character, life conditions, needs and special needs arising from such transportation. User is obliged to provide all information in writing to the Executive Car Service – Serbia during reservation of the vehicle as part of the first input information.
The Executive Car Service – Serbia is not responsible for consequences of animal to the third parties during transportation, does not bear ethic or material responsibility for animal behaviour, its health condition or injuries incurred during transportation. The Executive Car Service – Serbia will not be responsible for injury, loss, sickness or death of the animal accepted for transportation, unless such conditions occurred caused by negligence of passenger transportation.
Procedure of On-Line contracting
On-Line service contracting is in line with business practice of the Executive Car Service – Serbia according to the following procedure.
Client enters request specifications in provided fields, on the website of Executive Car Service – Serbia.
Based on request specifications the Executive Car Service – Serbia submits an offer that is not legally binding but for information purposes. The offer contains an identification number.
After receiving the offer, the client pays by card on website, by e-banking or in other way requested by the client and confirmed in writing by the Executive Car Service – Serbia.
After the realization of payment (payment made) with reference to the identification number of the offer, the Executive Car Service – Serbia takes over responsibility for the contracted service.
In cases when the client has need of changing request that has been already paid with reference to the identification number of the offer, the Executive Car Service – Serbia reserves the right to change fees or reverse contracted obligation based on identification number of the offer. In such cases, made payment is non-refundable.
In cases when paid reservation is canceled up to 24 hours before reserved service, the Executive Car Service – Serbia refunds the repayment in amount of 70% of the value.
Procedure in cases of incorrectly filled reservation is as follows:
The client cancels existing offer based on identification number.
In following request it is made reference to the number of canceled offer in order to identify the transaction.
Change of reservation is considered final after receiving confirmation by the Executive Car Service – Serbia.
In cases when reservation change alters significantly profile of service (more than 7km route) the Executive Car Service – Serbia reserves the right to modify the fees. In such cases based on realized payment, the offer with ID number is being sent again for additional payment of service.
Currency payment provided by the law is RSD. Other currencies are converted at the official rate of the National Bank of Serbia on the day of the transaction.
The Executive Car Service – Serbia does not bear responsibility for delay in payment, technical interference of card, banks, and the reservation is considered realized upon inflow of funds to the account of company and client being informed by the Executive Car Service – Serbia that the offer based on identification number has been paid.
PAYMENT – TERMS OF PAYMENT
The Executive Car Service – Serbia reserves the right to issue interim bills and pro forma invoice as formal basis for provision of service.
The Executive Car Service – Serbia reserves the right of single charge, wider range of services from basic service that client requested. That means that more complex services offered or organized by the Executive Car Service – Serbia are payable in one or more different invoices in accordance between the Executive Car Service – Serbia and subcontractors.
In terms of service payment, after it has been provided, terms of payment are stated on each individual invoice. Delay of invoice payment automatically implies payment of interest provided by the law.
The Executive Car Service – Serbia, as part of basic service, is not obliged to organize subcontractors or other companies as a condition for the provision of its services.
At the specific request of the client, the Executive Car Service – Serbia is not obliged to engage persons who have not been trained by the Executive Car Service – Serbia, who do not meet standards and capabilities evaluation that are procedure at the Executive Car Service – Serbia.
All terms of payment through the internet, payment by card are found on official web page of the Executive Car Service – Serbia and information there are the only authoritative. Every deviation from introduced payment system has to be specially agreed and confirmed in writing by the Executive Car Service – Serbia.
By concluding the agreement with the Executive Car Service – Serbia provided payment conditions may be changed and in that case the agreement is older document than GTC of the Executive Car Service – Serbia.
In case when service user is late from the pick-up address (does not apply for airport) first 15 minutes is free of charge as an optimal hold, justified with extraordinary circumstances. After the first 15 minutes, the service user will receive SMS notification which is reminiscent of the scheduled ride. In case there is need for transportation but he is not able to start immediately, he needs to return SMS to the call center of the Executive Car Service – Serbia to confirm transportation. In that case every initiated hour of waiting will be charged according to standard price-list.
If the user does not respond on SMS after 15 minutes of delay, the Executive Car Service – Serbia will withdraw the vehicle and will charge only basic service without service of waiting.
The Executive Car Service – Serbia reserves the right to change pro forma invoice for every additional address, route change or change in the number of passengers that depart from different locations.
Upon completion of service provision the user of the Executive Car Service – Serbia is obliged to check its luggage, his hygiene, damage or any complaint related to the luggage transportation can submit at the place of service completion. Any later complaint related to cause of material damage on the luggage will not be accepted.
User of the Executive Car Service – Serbia is obliged to check the passenger compartment in which he was transported, devices he used and document he had with him. The Executive Car Service – Serbia is not responsible for items and values that user leaves behind in the vehicle.
In occasion of driving from the airport, specific terms of business are valid related to the delay:
Waiting time that falls into the basic service and is not additionally charged is 30 minutes after landing the plane.
Changing the landing time, which was not generated as mistake in ordering the service or change of plan of the user is not charged. Delayed arrival or any force majeure events out of the user control is not charged.
After 30 minutes charge of waiting automatically starts according to the official price list for commenced hours. If there are objective reasons for delay in landing (custom, documents control, and lost luggage) it is necessary that user informs the Executive Car Service – Serbia with SMS. If there are objective reasons, out of user’s control, additional waiting is not charged.
If the Executive Car Service – Serbia is forced to pay penalties or suffer expenses because the Passenger did not follow the laws, rules, regulations, requests and other rules of traveling of certain countries, i.e. he did not possess necessary documents, the Passenger is obliged to compensate to the Executive Car Service – Serbia upon request whole amount of the mentioned penalty, i.e. expenses mentioned above. The Executive Car Service – Serbia reserves the right to use value by keeping the luggage for payment of the mentioned penalty or covering up the expenses.
The Executive Car Service – Serbia provides insurances predicted by the law for its employees, passengers and material property. In addition to the legally required insurance, it is possible to pay for additional insurance through the Executive Car Service – Serbia on the special request of the client.
All the information about expanding the service in this segment by the Executive Car Service – Serbia is available for clients via the contact phone number. Every type of agreement and expansion of service in this segment is agreed in writing before defining entire service as one of the elements of client’s requests towards the Executive Car Service – Serbia.
Special insurances are related to the luggage and passenger insurance. Drivers of the Executive Car Service – Serbia are not obliged to know this part of offer and they do not have possibility to realize this segment of service.
Executive Car Service – Serbia – subcontractors
The Executive Car Service – Serbia reserves the right to engage subcontractors within its basic activity, as well as in related activities of which client demonstrated its need. The Executive Car Service – Serbia is not obliged to inform the client about changes of the subcontractors.
All subcontractors are in compliance with service standards of the Executive Car Service – Serbia and in case of their engagement, the Executive Car Service – Serbia bears complete legal, professional and ethical responsibility for organized service.
At the express request of client, the Executive Car Service – Serbia is not obliged to engage a subcontractor who does not meet standard of service, business and law legitimacy.
Every communication containing concrete data related to resources or needs is considered confidential. As a business secret is also considered the communication conducted in informative way and which is not formally concluded by business arrangement.
Every employee of the Executive Car Service – Serbia is signatory of the special agreement on obligations of professional secrecy, towards the Executive Car Service – Serbia as well as towards to our clients. Regulations of this agreement are valid and within the company itself. In case when you need to transmit a request to the management of the Executive Car Service – Serbia, to change the way of service or any other part of the contracted engagement, if the employee estimates that he should transmit your business secret, inside the company, he is not obliged to transmit it. Therefore, you should communicate directly with authorized persons inside the Executive Car Service – Serbia for all information that can be treated as business secret by its type and nature.
In the vehicle that is leased, rented, while in it is present employee of the Executive Car Service – Serbia, the status of the vehicle in our company is considered as a space under your responsibility. It is strictly prohibited use of any technical means that in any form may have purpose of tracking, interception, interference with telecommunication devices. In case when the client needs such equipment, it is obliged to inform about it the Executive Car Service – Serbia in first request and equipment is being installed and uninstalled in authorized service, in the presence of responsible persons of the Executive Car Service – Serbia.
The application of any type of equipment that endangers safety of the vehicle and traffic for its technical way of functioning is not allowed.
Service user is entitled to request deleting of the written communication related to the services provided and charged by the Executive Car Service – Serbia. The only exception of this rule is financial documentation, necessary for bookkeeping of charge. The addresses from which the service is provided, the number of passengers, their names, contact numbers, routes on which they were going and reaching destinations do not have bookkeeping value and it is possible to erase them from our data base.
Collecting, processing and using personal data of the employee or the Executive Car Service – Serbia as a company that are not considered publicly available data is treated as violation of the business secret.
Commercial court in Belgrade is competent for all disputes as well as the court which by jurisdiction, application site, belongs to the Executive Car Service – Serbia.
We invite all clients in the spirit of good business collaboration to resolve disputes in a peaceful manner, through institutional mediation with mutual understanding.
TERMS OF BUSINESS
This document is composed for better consideration and all elements of our offer from legal and functional aspect. The document is legally binding for both parties except in case of different agreement which is confirmed in writing.
Terms of business are intended to facilitate for you using of services, to inform you about your rights and obligations and to give you the opportunity to recognize easily your needs that go beyond standard initiatives and to pre-arrange the service that will be more complete to you.