BALKAN TRANSFER TERMS AND CONDITIONS

Interpretation of terms used in these Terms and Conditions is provided at the end of the document.

Commencement: These terms and conditions become effective upon the earlier of (i) the date of agreement; or (ii) the commencement of services.

Services: We facilitate the occasional transportation of persons and baggage in domestic and international road transport and other services as ordered by the Client through our internet site. The Agent serves as an intermediary between the Client and the Provider, who is a member of the Balkan Transfer Platform.

Registration and Establishment of a Balkan Transfer Account

1. Commencement: These terms and conditions become effective upon the earlier of (i) the date of agreement; or (ii) the commencement of services.

2. Services: We facilitate the occasional transportation of persons and baggage in domestic and international road transport and other services as ordered by the Client through our internet site. The Agent serves as an intermediary between the Client and the Provider, who is a member of the Balkan Transfer Platform.

3. Registration: To utilize Balkan Transfer Services, creating a Balkan Transfer Account is necessary, which can be done by filling out the registration form on the Internet site.

4. Establishment of a Balkan Transfer Account: Upon completion of the registration form, an email with an activation link is sent to the Client. Clicking on this link establishes the Balkan Transfer Account.

5. Terms of Use: The Client agrees not to misuse the Balkan Transfer Account, ensuring compliance with laws, good morals, public order, and these Terms and Conditions.

Ordering and Purchasing Balkan Transfer Services

6. Order: Balkan Transfer Services are ordered through the Internet site. By placing an order, the Client agrees to these Terms and conditions.

7. Agreement: An agreement on Balkan Transfer Services provision is considered concluded when the Client confirms the order.

8. Price: Prices for Balkan Transfer Services are listed on the Internet site and include VAT.

9. Payment: Payment for Balkan Transfer Services can be made by payment card online, or in some cases in cash to the Provider if specified like that in the booking flow on the Internet site. Payments by card are made in advance when ordering the service, while payments by cash are made on the spot, before the service delivery.

10. Invoicing: An invoice for Balkan Transfer Services is issued to the Client by the Agent via email, with billing data based on the information provided during registration. In the case of cash payment, the invoice is issued by the Provider after the payment.

General Terms and Conditions

11. Amendment of the Terms and Conditions: The Agent reserves the right to amend these Terms and Conditions, effective upon publication on the Internet site.

12. Copyright and Intellectual Property Rights: All content, shapes, and design accessible to the user of the Internet site are protected by intellectual property regulations, including copyright and industrial property protection.

13. Personal Data Protection and Use: The Agent protects personal data in compliance with applicable legislation. Collected data is used for contractual fulfillment and rights enforcement. Clients/passengers are responsible for obtaining consent from other passengers travelling with them. The Agent may utilize provided data for necessary communication, subject to the privacy policy

14. Force Majeure: 'Force Majeure' means the occurrence of an event or circumstance that prevents or impedes a contracting party from performing one or more of its contractual obligations under the contract, if and to the extent that that contracting party proves: [a] that such impediment is beyond its reasonable control; and [b] that it could not reasonably have been foreseen at the time of the conclusion of the contract; and [c] that the effects of the impediment could not reasonably have been avoided or overcome by the affected contracting party.
In the absence of proof to the contrary, the following events affecting a party shall be presumed to fulfil conditions (a) and (b) under paragraph 1 of this Clause: (i) war (whether declared or not), hostilities, invasion, act of foreign enemies, extensive military mobilisation; (ii) civil war, riot, rebellion and revolution, military or usurped power, insurrection, act of terrorism, or sabotage; (iii) currency and trade restriction, embargo, sanction; (iv) act of authority whether lawful or unlawful, compliance with any law or governmental order, expropriation, seizure of works, requisition, nationalisation; (v) plague, epidemic, natural disaster or extreme natural event; (vi) explosion, fire, destruction of equipment, prolonged break-down of transport, telecommunication, information system or energy; (vii) general labour disturbance such as boycott, strike and lock-out, go-slow, occupation of factories and premises.

15. Complaints: The Client/Passenger may file complaints within 15 days after the services were carried out in case of service failure. Complaints should be submitted directly to the Agent via the email address provided in the booking confirmation. The Provider will not address complaints received through any other means besides the Agent. The Agent aims to respond to each complaint within fourteen working days from its receipt. Disputes arising out of provided services are to be resolved amicably, and if unsuccessful, the competent court in the appropriate jurisdiction.

16. Dispute Resolution: Disputes arising from the interpretation or implementation of these Terms and Conditions shall be resolved amicably through negotiation between the parties. If an amicable resolution cannot be reached, the parties agree to submit the dispute to mediation by a mutually agreed-upon mediator. If mediation fails to resolve the dispute, either party may resort to litigation in the defendant's jurisdiction.

17. Amendments: The Agent reserves the right to amend these Terms and Conditions at any time, with changes taking effect immediately upon publication on the Internet site. It is the responsibility of the Client to review the Terms and Conditions periodically. Continued use of Balkan Transfer services constitutes acceptance of any modifications.

18. Severability: If any provision of these Terms and Conditions is found invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the fullest extent permitted by law.

19. Entire Agreement: These Terms and Conditions, along with any additional agreements or policies referenced herein, constitute the entire agreement between the parties concerning the subject matter herein and supersede all prior or contemporaneous agreements and understandings, whether written or oral.

20. Waiver: The failure of either party to enforce any provision of these Terms and Conditions shall not be deemed a waiver of that provision or any other provision, nor shall any waiver be deemed a continuing waiver of such provision or a waiver of any other provision.

21. Contact Information: For any questions or concerns regarding these Terms and Conditions or the services provided by Balkan Transfer, please contact the Agent at info@balkantransfer.com.

22. Effective Date: These Terms and Conditions are effective as of 10 April 2024 and shall remain in effect until amended or terminated by the Agent.

23. Acknowledgment: By utilizing the services of Balkan Transfer, the Client acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions in their entirety.

Terms and Conditions of Mediation

24. Introduction: This section of Terms and Conditions govern the sale and purchase of mediation services for transportation, covering both individuals and baggage. They define the rights and obligations of the Agent and the Clients, whether natural or legal persons, in the mediation process and the finalization of the Mediation Contract. By accepting these Terms and Conditions, the parties establish their respective rights and responsibilities, especially concerning transportation mediation. It's crucial to understand that these Terms and Conditions are an integral part of the Mediation Contract.

25. Booking and Pricing: During booking, the Client must specify departure and arrival locations, select the trip type (round trip or one-way), designate the date and preferred time of transportation, and indicate the number of passengers, differentiating between adults and children (aged 11.99 years or younger). If children are included, the Provider will supply appropriate child seats based on specifications. Failure to specify accurately may release the Agent from mediating transportation for children or their guardians, with no liability incurred.

Comprehensive passenger information, including names, surnames, mobile phone numbers, and email addresses for adults, and names, surnames, and dates of birth for children, must be provided. The omission of contact information may hinder communication, for which the Client assumes full responsibility, including any resulting losses, damages, or complaints.

Transportation service selection must align precisely with the itinerary and instructions. The Agent provides a flight search engine for informational purposes only, disclaiming responsibility for its accuracy or operational status and absolving itself of liability for resulting delays or damages.

Prices for mediation and transportation are subject to change based on various factors. The Client's actions directly influence pricing and service execution, with cancellations governed by strict policies outlined herein.

26. Payment: Upon inputting required details on the website, available transportation options are presented. The Client must then register or sign in, affirming full agreement with the Terms and Conditions and Privacy Policy. Successful completion of the booking demonstrated by getting the order number confirms the order.

27. Mediation Contract: Upon payment confirmation, the Mediation Contract is established, initiating the mediation process. The Client receives a Booking Confirmation, signifying completion of the transportation mediation order. The Agent commits to facilitating the mediation process, identifying optimal providers, and ensuring adherence to the Client's requests, subject to the conditions herein.

The Agent does not mediate transportation for animals without prior written approval and an accompanying guardian.

Booked transfers may involve multiple providers, necessitating passenger and baggage transfers between vehicles, which the Client consents to unless explicitly stated otherwise.

No additional fees are charged from the Client on top of those shown on the Internet site. The Client is solely responsible for transportation costs up to the amount displayed in their order unless liable for damages during transit, as stipulated.

28. Informing the Passenger and Itinerary: The Balkan Transfer Platform notifies the Client/Passenger of the travel itinerary via SMS and email on the transportation day, specifying departure details, subject to deviation within a specified timeframe. Additional information, including Provider details and contact information, is relayed up to an hour before departure. The Client acknowledges and agrees to these communication methods, absolving the Agent of liability for communication failures.

Updated notifications are provided in the event of unexpected changes, with the most recent message considered accurate. The Agent utilizes provided passenger data but disclaims responsibility for inaccuracies, with the Client assuming liability for any resulting damages.

29. Baggage: Each passenger may carry hand baggage within specified parameters, with additional baggage noted during the booking process and subject to applicable fees. The Agent assumes no responsibility for lost personal belongings.

30. Cancellation of the Mediation Contract by the Client: Cancellation less than one hour before departure renders payments non-refundable. Failure to appear at the specified location and time constitutes a non-refundable no-show. Cancellations over an hour before departure result in platform credits. Significant changes such as time and date changes necessitate booking cancellation and reissuance.

31. Cancellation of the Mediation Contract by the Agent: The Agent may cancel mediation if communicated at least 30 days before departure, resulting in a full refund. The Agent may cancel mediation within 24 hours of purchase if mediation is not possible for any reason, resulting in a full refund. Orders for mediation canceled due to misuse by the Client do not entail refunds.

32. Vehicle Breakdown: In the event of a breakdown, the Agent provides substitute transportation promptly. If a replacement isn't available within four hours, a full refund is issued. No additional reimbursements are provided unless gross negligence or intent is proven.

Terms and Conditions of Transport

33. Introduction: This section of Terms and Conditions outlines the contractual arrangements for the sale and purchase of transportation services provided by members of the Balkan Transfer Platform. They establish the rights and obligations of both the Provider and the Client/passenger.

34. Contract Conclusion: The platform facilitates the connection between the Provider and the Client/passenger, with the transportation contract being formed upon the Provider's acceptance of the offer. When the provider accepts the offer, Balkan Transfer Platform sends an SMS and email to the Passenger with the Provider's contact and transportation details, thereby concluding the transportation contract between the Passenger and the Provider. If multiple Providers are involved, separate contracts are formed for each segment of transportation. The ordering party receives an electronical invoice from Balkan Transfer or the Provider. If the transportation is canceled less than an hour before departure, no refund is given, and the paid fee is considered indemnity for the cancellation and seat occupancy.

35. Beginning of Transportation: Before boarding, the Provider may request the Passenger to show a valid ID or passport to verify the booking information, to which the Passenger agrees. Transportation commences when the passenger takes their seat in the vehicle.

36. Breaks and stops: Breaks during transportation between pickup and drop-off locations are considered stops, where Passengers exit the vehicle. For journeys under four hours, there's one 15-minute stop planned; for journeys of four hours or more, two 15-minute stops are planned. The Provider, with Passenger agreement, determines additional stops on shorter journeys. If stops cause delays, neither the Provider, nor Agent are liable for resulting damages or costs, with the Passenger agreeing to this.

37. Extraordinary Interruptions: If transportation is unexpectedly interrupted, excluding force majeure events, for which the Passenger is not accountable, the Passenger has the right to request either a transfer back to the pick-up location with their baggage, or to terminate the contract. Without regard to the chosen option, the Passenger is entitled to a full refund of the paid fee. However, the Passenger agrees that in the event of any other unexpected interruptions, they are not entitled to further reimbursements or compensation unless it's proven that the interruption resulted from the Provider's intentional actions or gross negligence.

38. Baggage: All baggage, including sports equipment, must be appropriately packed to ensure safety and prevent damage to other baggage or the vehicle. If not, the Provider may refuse transportation. However, if properly packed and there's space in the vehicle, additional baggage may be transported at the Provider's discretion, with the Agent reserving the right to charge for it. Illegal or dangerous materials including, but not limited to weapons, explosives, or illegal drugs, are strictly prohibited, to ensure passenger and Provider's safety and protect the environment.

39. Passenger Safety: All vehicles used for Passenger transportation are licensed and adequately insured in accordance with local regulations. The transportation price includes passenger accident insurance. Passengers are required to adhere to reasonable safety requests from the Provider, as failure to do so may lead to exclusion from transportation without compensation. Providers bear no responsibility for damages resulting from passenger misconduct, with passengers consenting to this arrangement. In cases of inappropriate Passenger behavior jeopardizing safety or causing discomfort, the Provider has the right to halt transportation and exclude the responsible passenger(s) from transportation without refund.

40. Passenger Conduct: Passengers are strictly prohibited from certain actions within the vehicle, including opening doors, throwing objects, obstructing exits, or causing damage to the vehicle or others' belongings. Smoking, alcohol consumption, and eating are strictly forbidden, and passengers are responsible for cleaning expenses resulting from their actions. Proper food storage is required to prevent odors in the vehicle. Passenger is accountable for damages incurred due to non-compliance with regulations. Providers reserve the right to refuse transportation to disruptive passengers without refund or liability for damages. The Provider may deny boarding to passengers lacking valid identification. Exclusion of passengers under these conditions does not entitle them to refunds or compensation.

41. Delays: The Provider aims to depart promptly based on the latest notification to the passenger and has the discretion to set the actual departure time up to forty-five minutes before or after the estimated departure time, provided it doesn't exceed a 45-minute difference from the estimated arrival time, with the Passenger's agreement. Additionally, the Provider reserves the right to experience shorter delays of up to two hours due to various factors like waiting for other passengers, flight delays, or traffic conditions, as agreed upon by the Passenger. However, if the Passenger misses a connection with another provider due to the Provider's delay, certain circumstances exempt the Provider from liability, including incorrect data provided by the Passenger, unforeseeable events beyond the Provider's control, stops requested by the Passenger, and failure to confirm departure times with the other provider's itinerary. In such cases, compensation is limited to the amount of the paid fee, and the Passenger agrees that the Agent and Provider are not liable for any additional damages or costs. If the Passenger is delayed, the transportation contract is terminated, and the Passenger is not entitled to a refund. The Passenger must inform the Agent of any delay via SMS or phone call using contact information from the Booking Confirmation, regardless of the reason for the delay.

42. Extraordinary Interruptions: If transportation is unexpectedly interrupted, excluding force majeure events, for which the Passenger is not accountable, the Passenger has the right to request either a transfer back to the pick-up location with their baggage, or to terminate the contract. Without regard to the chosen option, the Passenger is entitled to a full refund of the paid fee. However, the Passenger agrees that in the event of any other unexpected interruptions, they are not entitled to further reimbursements or compensation unless it's proven that the interruption resulted from the Provider's intentional actions or gross negligence.

In these Terms and Conditions, the following words and expressions have the meanings given to them below:

"AGENT" means Balkan Transfer.

"MEDIATION CONTRACT" means a contract concluded between the Agent and the Client when the latter accepts these Balkan Transfer Terms and Conditions and Balkan Transfer Privacy Policy and confirms its mediation order.

"PROVIDER" means the provider of transportation services, who, in accordance with the Contract of Transportation concluded between the Client/Passenger and the Provider and in accordance with the Terms and Conditions of Transportation, carries out the transportation service. All Providers are members of the Balkan Transfer Platform.

"CONTRACT OF TRANSPORTATION" means the contract concluded between the Client/Passenger and the Provider in accordance with the General Terms and Conditions of Transportation.

"DISCOUNT CODES" means a code that provides a discount in different amounts, which is granted by the Agent to the Client in various cases described in these Balkan Transfer Terms and Conditions. The validity of a Discount code is up to two (2) years from the date of issue and can only be used for future purchases and not for already completed past purchases. The Discount codes cannot be exchanged for cash. It is prohibited to publish the Discount codes on any website, social media, noticeboard or in any other publicly accessible place.

"PLATFORM CREDITS" are credits awarded by the Agent to the Client in the cases of cancellation of the Service as defined by these Terms and Conditions.

"BALKAN TRANSFER" means the following company: Balkan Mobility LLC, 30 N Gould St Ste R, Sheridan, 82801, Wyoming, United States.

"BALKAN TRANSFER PLATFORM" means a marketplace provided by BalkanTransfer.com, which enables the demand and supply of the services of occasional transportation of persons and baggage and of which all the Providers are members.

"BALKAN TRANSFER PRIVACY POLICY" means the privacy protection rules, which regulate the collection, processing, and protection of personal data communicated to Balkan Transfer by Clients/Passengers. Balkan Transfer Privacy Policy is available on BalkanTransfer.com.

"BALKAN TRANSFER TERMS AND CONDITIONS" means collectively the Terms and Conditions of Mediation and the Terms and Conditions of Transportation.

"BALKAN TRANSFER SERVICES" means the transfer solutions provided by Balkan Transfer by agenting the Contract of Transportation between the Client/Passenger and the Provider as defined in these Balkan Transfer Terms and Conditions. They may include mediation of passenger and baggage transportation services in domestic and international road transport as well as additional services ordered by the Client.

"INTERNET SITE" means the www.BalkanTransfer.com website and the subpages on which the Client places its order for the mediation of the transportation and for the purchase of the transportation of natural persons and baggage.

"BALKAN TRANSFER ACCOUNT" means the user Account that can be set up on the Internet site and enables functions further specified in these Balkan Transfer Terms and Conditions and/or on the Internet site. Balkan Transfer Account must be set up to complete the booking of Balkan Transfer Services.

"CLIENT" means a person, natural or legal, that conveys the demand and orders the mediation of transportation services from the Agent and agrees that the Agent at its own discretion conveys and organizes the Provider. The Client can also act as a Passenger.

"PASSENGER" means a natural person who actually uses the agented transportation services in accordance with these Balkan Transfer Terms and Conditions.

"PLATFORM MEMBER" means a Provider who became a member of Balkan Transfer platform by concluding a contract on business mediation, organization of transportation services, partial license, and membership in the Balkan Transfer platform.

"QUALIFYING PURCHASE" means the sale of Balkan Transfer services that is finalized and paid for in full and not subsequently canceled.

"TRANSFER" or "SHARED TRANSFER" is a type of transportation where the Agent merges individual orders of transportations with matching routes and destinations and similar or equal requested hours of departure and arrival. The Agent may add other Passengers in the same vehicle when agenting a shared transfer.

"SELECTED TIME" is the exact time (hour:minute) chosen by the Client when ordering the service as a departure time or an arrival time of the transfer.

"ESTIMATED DEPARTURE TIME" is the exact time shown in the booking process to the Client and also included in the booking confirmation sent to the Client. It represents an estimated time when the transfer will depart from the chosen departure location.

"ESTIMATED ARRIVAL TIME" is the exact time shown in the booking process to the Client and also included in the booking confirmation sent to the Client. It represents an estimated time when the transfer will arrive at the chosen arrival location.

"SERVICE" means the mediation of occasional transportation of persons and baggage in domestic and international road transport, which the Client orders and purchases from the Agent through the Internet site.

The BalkanTransfer.com and Balkan Transfer trademarks are owned and managed by Balkan Mobility LLC.