NO FUSS BUS LTD GENEVA AIRPORT TERMS AND CONDITIONS FOR TOUR OPERATOR CUSTOMERS
Please read these Terms in conjunction with our Privacy Notice [http://nofussbus.co.uk/privacy-policy.php]
The Customer’s attention is particularly drawn to the provisions of Clause 9.
We are No Fuss Bus, a franchise independently owned and operated by No Fuss Bus Limited (NFB, We, Us or Our) a company registered in England. Our Company Number is 06908828 and Our Registered Office is at Kintyre House, 70 High Street, Fareham, Hampshire, PO16 7BB. NFB is a franchise of Ben’s Bus Limited a company registered in England (under company number 05961403) and whose registered office is Garden Flat, 70 Fairhazel Gardens, London, NW6 3SR.
This page tells you information about the Service provided by No Fuss Bus, and the legal terms and conditions (Terms) on which No Fuss Bus will carry you and your Luggage to or from Geneva Airport via the Routes listed on and booked via the website Bensbus.co.uk (Site).
These Terms will apply to each contract between you and No Fuss Bus for Tickets issued by Ben’s Bus Limited on our behalf (the Contract). Please read these Terms carefully and make sure that you understand them before booking your Ticket from the Site. Please note that before making your Booking you will be asked to agree to these Terms.
You should print a copy of these Terms for future reference.
These Terms may be amended from time to time as set out in Clause 11.7. Every time you make a Booking, please check these Terms to ensure you understand the Terms which will apply at that time.
If you wish to contact No Fuss Bus for any reason, you can contact us by e-mailing us at firstname.lastname@example.org
- DEFINITIONS AND INTERPRETATION
1.1. In these Terms, the following words shall mean the following:
Booking: your booking for the Service.
Customer, you, your: the person who makes a Booking or for whom a Booking is made.
Journey: the journey via the Route that you are entitled to make as stated on your Ticket.
Fare: the fare payable for a Ticket as provided to the tour operator by us.
Luggage: any property or personal belongings that you bring onto a Vehicle.
Routes: routes to or from Geneva Airport to your ski resort as listed on the Site and stated on your Ticket.
Service: the transfer via a Route to be made by a Vehicle provided or arranged by us.
Ticket: the Ticket or e-Ticket issued by us or on our behalf for your Journey which shall include the Route on which travel is permitted. An e-Ticket is the copy which you print yourself after making a Booking.
Vehicle: the Vehicle, bus, taxi or any other road vehicle provided or arranged by us.
1.2. Construction. In these Terms, the following rules apply:
1.2.1. a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
1.2.2. a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
1.2.3. a reference to writing or written includes faxes and e-mails.
- OUR CONTRACT, THE SERVICES AND SERVICE RESTRICTIONS
Basis of Contract:
2.1. Please follow the booking engine on the Site. By submitting your Booking, you are offering to enter into a contract with NFB for the Service. Your Booking constitutes an offer by you to book a Service in accordance with these Terms.
After submitting your Booking, you will be directed back to the confirmation page on the Site. An e-ticket will be sent to the email account entered at the time of your Booking. It is your responsibility to print this off and bring it with you. If you do not receive this email within 4hrs, please contact email@example.com.
The Booking shall only be deemed to be accepted when you receive your e-ticket at which point and on which date your booking will become a binding Contract.
All Routes listed on the Site are subject to availability. You will be informed by e-mail as soon as possible if the Route you have booked is not available and your Booking will not be made.
All published running times are approximate. We reserve the right to vary, amend or withdraw a Service.
You may only make a Booking if you are at least 18 years old.
2.2. Our obligation to You: We shall carry (or procure a third party to carry) you and your permitted Luggage on the Journey and these Terms shall apply. We reserve the right at any time to subcontract or deal with any authorised third party to provide the Services on our behalf.
2.3. You acknowledge and agree that we may require you to change Vehicle(s) to complete your Journey.
2.4. Carriage of children and young persons:
2.4.1. Children aged under 4 years: Children under the age of 4 years are not permitted to travel on our services. Under Swiss law it is forbidden to transport children under 4 on an adults lap and the coaches operated by No Fuss Bus use two-point lap belts which are not compatible with baby seats.
2.4.2. Children aged between 4 to 14 years: Children aged between 4 to 14 years may travel on our services but must be accompanied by a responsible adult, aged 16 or over. Parents or minders of children aged between 4 to 14 years shall at all times be responsible for the conduct of such children during the Journey and will be responsible for any damage caused by these children.
Please email firstname.lastname@example.org for further information.
2.5. We will not carry animals: Animals (other than guide dogs accompanying registered blind persons, and hearing dogs accompanying deaf persons) are not allowed on any of our Vehicles.
- YOUR TICKET
3.1. Your Ticket: A Ticket may only be used by the person(s) named on it and is not transferable.
3.2. Ticket validity: You are only permitted to travel on the dates and times stated on your Ticket.
3.3. Ticket amendments: Please contact your tour operator for their amendment policy.
3.4. Please refer to Clause 8 for your rights if your Ticket is rescheduled or cancelled.
- YOUR RESPONSIBILITIES
4.1. You must check your Ticket: You are solely responsible for checking the dates and flight times. Please refer to Clause 3.3 for details on how to amend your Ticket.
4.2. Changes to your flight: You must inform the tour operator in writing, at least two (2) days prior to your Journey of any change to the date, time or other changes made to your flight by you, other third party or the airline your flight is booked with. Any changes to the date, time or other changes made to your flight by you, other third party or the airline will only be accepted at our sole discretion.
4.3. Failure to provide correct flight details or failure to notify us of changes to your flights:
4.3.1. you provide the tour operator with incorrect flight details and you fail to amend your ticket in accordance with Clause 3.3; or
4.3.2. you, a third party or your airline changes the dates and/or times of your flight and you fail to inform us in writing at least 2 days prior to your transfer date in accordance with Clause 4.5,
the 15 minute waiting policy shall not apply.
4.4. Valid and Fraudulent Tickets: You must travel with a valid Ticket and present it to our representatives upon demand. An invalid Ticket will be deemed as one that does not permit you to travel on the Service you are trying to board, or an illegible or defaced Ticket.
We will not allow you to board a Service if you do not have a valid Ticket. If you do travel on any Service without a valid Ticket we may ask you to leave that Service.
If we believe your Ticket is fraudulent, we reserve the right to confiscate the Ticket and stop you from travelling on our Service. You shall not be entitled to a refund for any Ticket that is fraudulent and we shall have no further obligations or liability to you.
4.5. Boarding Points: You must make sure you know the location of your resort boarding point in the resort before your Service departs. We shall not be liable to you if you miss any Service as a result of you not knowing the location of the resort boarding point.
4.6. You should arrive at our resort boarding points at least 10 minutes before the scheduled departure time for that boarding point, for that Service.
4.7. We shall not be liable for any refund if you miss any Service as a result of your late arrival at our resort boarding points, and we shall not be obliged to wait for you or to arrange or provide alternative transport to the airport, or for any costs which you may incur as a result of missing our service.
4.8. Boarding and leaving a Service: You may only board or leave a Service at our designated stops.
4.9. Geneva Airport Arrivals:
4.9.1. You should meet our representative in the Geneva Airport Arrivals Hall at least 10 minutes before the scheduled departure time, for that Service.
4.9.2. We shall not be liable for any refund if you miss any Service as a result of your failure to meet our Geneva Airport representative on time, and we shall not be obliged to wait for you or to arrange or provide alternative transport to the airport, or for any costs which you may incur as a result of missing our service.
4.10. Seat belts: You must wear the seat belt provided at all times.
4.11. Breach of conditions applicable to your Ticket: If you fail to comply with these Terms, we may cancel the Ticket, and refuse you further carriage, without any obligation to refund the Fare or any other liability to you.
4.12. Travel between our stop and your final destination is your responsibility: You should ensure that the stop you book is suitable for your needs. Travel between our stop and your accommodation, or any other location, remains your responsibility.
- PASSENGER CONDUCT AND BEHAVIOUR
5.1. You must not: act in an abusive or threatening manner; or conduct yourself in a way which may endanger yourself, the Vehicle or any other person or property on board any Vehicle; or obstruct any aisle or emergency exit; or behave in a manner which causes discomfort, inconvenience, damage or injury to other persons; or take onto any Vehicle any drugs (other than medicines) or hot food or hot drinks for the purpose of consuming them, or consume them on any Vehicle; or board any Vehicle whilst under the influence of alcoholic drinks or drugs; or smoke on board our Vehicles; or board any Vehicle whilst you are seriously ill or suffering from any serious contagious illness. All alcoholic beverages must be stored in the hold and may not be taken into the passenger compartment of the Vehicle. You shall comply with any reasonable request from a member of our staff and treat our members of staff, drivers and other passengers with respect.
5.2. If you do not comply with Clause 5.1, we may remove you from the Vehicle, refuse you further carriage, cancel your Ticket without refund, and take any further measures necessary to prevent continuation of such conduct.
5.3. If you cause damage to a Vehicle or soil the interior of a Vehicle, either by deliberate acts or by accident, you will be liable to pay a fee of €50 which is a genuine pre-estimate of our loss. If the cost of the damage is considered to be greater than €50, the matter will be referred to our management and may result in legal proceedings being taken against you to recover the cost of the damage.
5.4. Our liability for behaviour of other passengers: Whilst we will use our reasonable efforts to control the behaviour of other passengers on a Vehicle, we will not be liable to you for any act of any other passenger on a Vehicle.
- LUGGAGE RESTRICTIONS AND LOST LUGGAGE
6.1. Permitted Luggage: On each of our services, you may take one suitcase, holdall, or rucksack (no more than 20kg per item), one ski or snowboard bag and one small piece of hand Luggage. Hand Luggage is defined as something that is capable of fitting in an overhead luggage rack. We shall have no obligation to carry Luggage in excess of the permitted amount and/or weight. We may agree to carry additional Luggage only if there is room on the Vehicle and at the discretion of our representative or driver. If we agree to carry any excess Luggage on any Journey this does not mean that we have agreed to carry that Luggage on any subsequent Journey you may make.
6.2. Prohibited contents: You may not bring the following items onto any Vehicle or leave them at any baggage store without our express permission: weapons, drugs or solvents (other than medicines), live or dead animals, non-folding wheelchairs, pushchairs or bicycles, or any objects which in our opinion may cause injury or damage to property, such as objects with sharp or protruding edges.
If you take any of these items onto our Vehicle, we may immediately remove them from the Vehicle, wherever it may be situated. If you are uncertain as to whether we will carry any particular item, you should obtain our written consent before making your Booking. We shall not be liable for any loss or damage to any prohibited item(s) for any reason whatsoever.
6.3. Inspection of Luggage: We shall be entitled to inspect your Luggage for the purpose of ensuring compliance with these Terms. We shall not be obliged to carry you or your Luggage, and shall be entitled to remove you and/or your Luggage from any Vehicle, if you refuse a search.
6.4. Packing and labelling of Luggage: You must pack all of your Luggage safely and securely. All Luggage carried on our Vehicle should be clearly labelled and include a contact telephone number. We will not be obliged to carry any Luggage that has not been properly packed or labelled.
6.5. Valuables: Small valuable items such as money, medication, jewellery, laptop computers, personal electronic devices, precious metals or other valuables, identification documents, passports, visas and Tickets should not be stowed in the luggage hold under any circumstances and should be kept in your hand Luggage at all times.
6.6. Loading the Luggage: You are responsible for getting your Luggage onto and off a Vehicle. Except for any Luggage stored in the hold of a Vehicle, you must also look after your Luggage at all times.
6.7. Storage of Luggage: All Luggage other than hand Luggage will be stored in the hold or other storage compartment on the Vehicle, and not in the passenger compartment of the Vehicle.
6.8. Left Luggage: If you forget any Luggage and leave it on a Vehicle we will store it at a location decided by us, but all such storage will be at your risk. We may charge you a small administration fee for the storage of your Luggage. You will pay any costs for the return of your Luggage to you.
If you have not collected your lost Luggage within 1 month of our finding it, we may dispose of your Luggage in any manner we wish. We shall be entitled to open and examine any left or lost Luggage to ascertain if the Luggage contains any dangerous or perishable items and if so, we shall be entitled to immediately dispose of these items.
You must hand over any Luggage found on any Vehicle or at any stop to one of our representatives or the Vehicle driver immediately upon discovery. NFB will not accept any responsibility or liability for any article left on our Vehicles in any circumstance.
6.9. Notification of loss or damage: If during any Journey you should lose any of your Luggage or any of your Luggage is damaged you must notify the Vehicle driver or the representative on the Vehicle as soon as possible after you discover the loss or damage. You must confirm any loss or damage of your Luggage within 24 hours after the end of your Journey by contacting email@example.com. If you do not notify us of any loss or damage to your Luggage as required, then we will not be liable for that loss or damage.
6.10. Our Baggage stores: Any Luggage left by you at our baggage stores is left entirely at your own risk. Neither us nor any third party agent we will use to supply you storage space will accept any liability for any loss, damage or interference to your Luggage.
- DELAYED AND DIVERTED FLIGHTS AND DELAYED LUGGAGE
7.1. Delayed or Diverted Flights: You must meet our representative and board the Vehicle within fifteen (15) minutes of the scheduled Journey departure time on your Ticket. If your incoming flight (as specified by you at the time of Booking) is:
7.1.1. delayed; or
7.1.2. diverted to another airport
for any reason including but not limited to extreme weather conditions or technical faults on the aircraft we will not be obliged to wait for you beyond this fifteen (15) minute period and the Vehicle will leave without you. We will not be liable for any refund or to arrange or provide alternative transport for you to your resort, or for any costs which you may incur as a result of missing the Service.
7.2. If your flight is diverted to another airport, it will be your sole responsibility to make your own way to Geneva airport from the airport your flight is diverted to. We will not be liable to arrange or provide you with transport to Geneva airport or your resort, or reimburse you any costs you may incur getting to Geneva airport or your resort due to a diverted flight.
7.3. Delayed Luggage: If your Luggage is delayed and you are unable to meet our representative and board the Vehicle within fifteen (15) minutes of the scheduled Journey departure time as stated on your Ticket or you are not ready to depart then our Service will leave without you. We will not be liable for any refund or to arrange or provide alternative transport for you to the resort, or for any costs which you may incur as a result of missing our Service.
7.4. If you miss your Service due to a delayed or diverted flight or delayed Luggage, and there is space on the next available Service, we may allow you to travel on that Service, at the sole discretion of our representative at the airport whose decision will be final.
7.5. Changes to flight details by airline carrier: We will not be liable for any refund or to arrange or provide alternative transport for you to the resort if your airline carrier changes the details of your flight, except at the absolute discretion of our management.
- RESCHEDULES, CANCELLATIONS AND REFUNDS
8.1. Delay or cancellation of a Service: If:
8.1.1. the Vehicle you were booked to travel on is delayed for more than one hour; or
8.1.2. the Vehicle you were booked to travel on is cancelled without notice to you; or
8.1.3. there are insufficient seats on the Vehicle and you reasonably decide not to travel,
your right to claim a refund or reschedule your Journey is as set out in this Clause 8.
8.2. Before submitting your claim for a refund for the circumstances set out in Clause 8.1.1 and / or Clause 8.1.2 you are advised to read Clause 10. You may not have a right to claim a refund if any of the circumstances beyond our reasonable control, as set out in Clause 10, applies.
8.3. Delay or cancellation by No Fuss Bus before the Service has begun: If we cancel or withdraw a Service before it has commenced or there are insufficient seats on the Vehicle, other than for a reason outside our control (please see Clause 10) our liability to you will be, at our sole discretion, to:
8.3.1. arrange carriage for you on another one of our services with available seats; or
8.3.2. make suitable alternative arrangements to carry you to your destination on another Vehicle, or other mode of transport; or
8.3.3. cancel the Ticket, and allow you to claim a refund of the full amount of the Fare, if no portion of the Ticket has been used, or 50% of the Fare if the outward part of a return Ticket has been used.
8.4. Delay or cancellation by No Fuss Bus after the Service has begun: If a Service on which you are travelling commences and is terminated before reaching your destination, other than for a reason beyond our control (please see Clause 10), our liability will be to make suitable alternative arrangements to carry you to your destination, such as another service, carrier, train, private car, or taxi.
8.5. Cancellation by You: Please contact your tour operator for their cancellation policy.
8.6. Claiming a refund: Please contact your tour operator for their refund policy.
8.7. Except as provided in these Terms, we shall not be liable for any loss, damage, liability, or cost suffered by you as a result of any cancellation by us or any delay to any Service, or termination of any Service.
8.8. We shall have no liability to you if we cancel or withdraw a Service for which you have not made a Booking.
- OUR LIABILITY TO YOU
9.1. Our liability to you: We will provide the Service with reasonable care and skill. If NFB fails to comply with these Terms, it is responsible for loss or damage you suffer that is a foreseeable result of NFB’s breach of these Terms or its negligence. NFB is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of NFB’s breach or if they were contemplated by you and NFB at the time we entered into the Contract.
9.2. Death and Personal Injury: Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence or fraud or fraudulent misrepresentation.
9.3. Our liability for loss or damage to Luggage: Your Luggage shall be at your risk at all times and you shall be required to keep your personal belongings with you at all times during a Journey. NFB will only be liable for any loss or damage to your luggage and personal belongings caused by our negligence. We do not accept any responsibility for any loss (including, without limitation, theft) of any property occasioned on our Vehicles unless caused by our negligence in which case Clause 9.1 shall apply. You should insure your Luggage with reputable insurers against all usual and normal risks of loss or damage, to the full replacement value of the Luggage.
9.4. Our liability for loss or damage to Valuables: In no circumstances should valuables exceeding a value of £500 be brought onto a Vehicle. The carrying or packing of individual items of high value in your Luggage is entirely at your own risk. At your cost, you must ensure that such items are covered by an adequate policy of insurance in your name. NFB ‘s liability in the event that you lose such items or Luggage containing such high value items is lost, or destroyed, or damaged in any way is limited in accordance with these Terms. NFB shall not be responsible for compensating you in respect of any loss or damage sustained by you in respect of such high value items being lost or damaged other than in accordance with these Terms. Notifying the Vehicle driver or any other NFB personnel of the fact that you are carrying valuable items on you or in your luggage shall not in any way alter NFB’s liability to you in respect of your luggage or any such valuables.
9.5. NFB will not accept any responsibility or liability for loss of valuables or any article left on our Vehicles in any circumstance.
9.6. We shall have no liability whatsoever in respect of you missing your flight out of Geneva Airport. We will make every reasonable effort to ensure you arrive at the airport in time for your flight, but we will incur no cost whatsoever, and will offer no financial recompense as a result of you missing your flight, no matter what the reason or cause of this was.
- EVENTS OUTSIDE OUR CONTROL
10.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control.
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation accidents causing delays that impact, directly or indirectly on the provision of the Services (whether prior to your boarding the Vehicle or during the Journey), any incident, closure or diversion directly affecting or limiting use of the road network including any highways, trunk or motorways that impacts, directly or indirectly on the provision of the Services (whether prior to your boarding the Vehicle or during the Journey), other unforeseen traffic delays, fire and/or damage at an airport, on Route, in resort or otherwise that impacts on the Services, compliance with requests of the police, customs or other government officials and security services, disruption by other customers, bankruptcy, insolvency or cessation of trade or any airline carrier used by us, circumstances affecting passenger safety, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, exceptional severe weather conditions, storm, flood, earthquake, subsidence, epidemic or other natural disaster, mechanical breakdown or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- OTHER IMPORTANT TERMS
11.1. How We Use Your Personal Information: The No Fuss Bus Privacy Notice [http://nofussbus.co.uk/privacy-policy.php] sets out the scope, nature and purpose of processing by No Fuss Bus, the duration of the processing and the types of personal data (where Personal Data has the meanings as defined in the Data Protection Legislation) No Fuss Bus collects.
11.2. Telephone calls: Telephone calls to and from No Fuss Bus may be recorded for training and monitoring purposes. The No Fuss Bus Privacy Notice will apply to any personal data collected during calls to and from No Fuss Bus.
11.3. Assignment and other dealings.
11.3.1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
11.3.2. You may only transfer your rights or your obligations under the Contract to another person if we agree in writing.
11.4. Severance. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.5. Waiver. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
11.6. Third parties. The Contract is between you and us. No other person shall have any rights to enforce any of its terms.
11.7. Variation. We may revise these Terms from time to time. Every time you make a Booking, the Terms in force at that time will apply to the Contract between you and NFB. Except as set out in these Terms, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is agreed in writing by NFB.
11.8. Governing Law and Jurisdiction. These Terms are governed by English law. This means a Contract for the purchase of Tickets through the Site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.