TERMS & CONDITIONS
Standard Terms and Conditions of Hire
These are the Terms and Conditions of NICKYTRAVEL Ltd., with registered office at Koreniatsite str. 59, Sofia, Bulgaria, postal code: 1619, ID: 131377993.
A Customer who uses the services of Nickytravel Ltd., with its registered office at Koreniatsite str. 59, Sofia, Bulgaria, postal code: 1619, ID: 131377993, fully accepts these terms and conditions by signing the order or contract or placing an order online via website. Confirming an order declares explicit consent to these terms and conditions to which the order or shipping contract refers. A Customer who disagrees with these Terms and Conditions is not entitled to enter into any contract with Nickytravel Ltd or to place an order through Nickytravel Ltd.’s website.
1.1 Nickytravel Ltd. – the Company is the carrier or intermediary of the carriage of Nickytravel Ltd. , with its registered office at Sofia, Bulgaria, Koreniatsite str. 59, Postal code: 1619 , ID: 131377993, which provides or arranges transportation and other services based on these business conditions for the Customer.
1.2 The Customer – a person or a company that uses Nickytravel Ltd.’s. services on the basis of an order or contract, subject to these business terms and conditions.
1.3 Terms and Conditions – the conditions under which Nickytravel Ltd. provides its transportation or intermediary services to the Customer; the indispensable condition for using the services of Nickytravel Ltd. is the expressed consent of the Customer in regard to these terms.
1.4 The Service/Transportation – the actual transport or brokering of Transportation, travel services, or other Customer services, performed or mediated by Nickytravel Ltd.
1.5 The Driver– the Driver is an employee of Nickytravel Ltd., or a contractual driver with whom Nickytravel Ltd., arranges a transport service
1.6 Personal Data of Customers – personal data that, in connection with the ordering or implementation of Nickytravel Ltd.’s activities for the Customer, are communicated by the Customer of Nickytravel Ltd.
Private Data of Customers and Handling of these Data
2.1 NICKYTRAVEL Ltd works in the provision of its Services to Customers with Personal Data of Customers that Customers communicate to NICKYTRAVEL Ltd for the purpose of properly securing and implementing the Service.
2.2. By agreeing to these terms and conditions, the Customer grants NICKYTRAVEL Ltd express consent to the processing, handling and storage of Personal and other Data provided by the Customer or the person authorized by the Customer.
2.3 NICKYTRAVEL Ltd agrees to the processing of its Personal and other Data for an indefinite period of time, but only for the purpose of implementing NICKYTRAVEL Ltd services ordered by the Customer (passenger and luggage service).
2.4 NICKYTRAVEL Ltd is not authorized to provide any personal or other information communicated by the Customer to third parties and shall be subject to the obligation of business secrecy.
2.5 Customer agrees to use of his / her Personal and other Data only subject to strict adherence to the conditions laid down by law for the handling of such Personal and other Data.
2.6 NICKYTRAVEL Ltd is obliged to process Personal and other Customer Data only to the extent strictly necessary and only to the extent that NICKYTRAVEL Ltd needs such Data to properly perform its activities and provide its services to the Customer.
2.8 NICKYTRAVEL Ltd undertakes to provide Personal and other Customer’s Data, both in electronic form and on paper. For this purpose, NICKYTRAVEL Ltd has appointed a responsible person to ensure the proper handling of Customers ‘personal information.
2.9 Protection of Personal and other Data of Customers shall be carried out by NICKYTRAVEL Ltd within the framework of its internal, legal and administrative measures, in particular according to its own internal directive on the protection and handling of Personal Data of Customers, and shall not use the services of third parties and companies to ensure the handling of Personal and other Customer Data.
2.10 Provisions for the Protection of Personal and other Data of Customers shall apply to both the Customer as a natural person as well as to intermediaries, legal entities and entrepreneurs executing orders and the transfer of Personal Data of NICKYTRAVEL Ltd.’s Customers for the purpose of ordering its services.
2.11 NICKYTRAVEL Ltd is liable for damages caused to Customers for violation of their duties in the handling of their Personal Data. However, the condition for claiming damages by the Customer is making a timely complaint and a complaint of breach of duty by NICKYTRAVEL Ltd. Complaints must be substantiated, with breach of NICKYTRAVEL Ltd.’s obligations fully and unconditionally proven, and the claim must be recognized by NICKYTRAVEL Ltd.
1. Guarantee of compensation; liability for damage
3.1 NICKYTRAVEL Ltd is liable to the Customer for any damage or inconvenience in the event of the NICKYTRAVEL Ltd or its employee directly or indirectly causing the damage. In case of mediation of the carriage of the Customer by another carrier, the carrier is liable for the damage caused by them performing the carriage and the Customer accepts their carriage service by boarding their vehicle.
3.2. The Customer takes into consideration that he has no liability claims in these events:
• There has been damage done due to the obliviousness of the Customer or another ordering party (for example, forgetting to put baggage into the trunk or forgetting to unload it, loss of small items or cash during carriage, etc.).
• There has been damage done to the property of the Customer or to his health resulting from a traffic accident not caused by NICKYTRAVEL Ltd.’s driver or an intermediary carrier’s driver, but by another driver, animal or person.
• There was a delay during the Transportation, whether initially during the arrival of the Customer, or in the actual course of transport, due to force majeure. Force majeure is defined as an intervention of a natural disaster, weather, weather conditions, a car accident not caused by the NICKYTRAVEL Ltd.’s driver or a driver of an intermediary carrier, road congestion caused by road repairs or other communications, or delay caused by government or administrative intervention – police officers, etc.
• There has been damage done to the property of the Customer or to his health or life due to any manoeuvre that the driver was forced to undertake during transport in order to prevent greater damage or consequences, such as the need for sudden braking due to the situation on the road, sharp detours and skidding, where, unless proved otherwise, such a manoeuvre is considered necessary, for instance, for avoiding a collision with an animal, man, or other vehicle on the road, etc.
• There has been a delay in Transportation due to the Customer or another ordering party (travel agent, hotel, tour operator, etc.), for example by not arriving at the agreed time at the agreed place.
3.3 In the event that there was damage caused to the Customer thanks to a pickup at a different time than the time stated on the order, the Customer is entitled to a contractual penalty that represents a flat-rate compensation up to a maximum of BGN 100. The damage caused must, however, be demonstrable and substantiated by the Customer, who has to file a Complaint in accordance with these Conditions.
3.4 By using NICKYTRAVEL Ltd.’s transport or by using transport mediation services, the Customer expressly declares that he finds the amount of a contractual fine of up to BGN 100 as a flat-rate compensation for damage caused by or in connection with the transport to be entirely sufficient, and agrees with this amount. In case of disagreement, the Customer is not entitled to use NICKYTRAVEL Ltd.’s services and NICKYTRAVEL Ltd is obliged to refuse to provide such services.
3.5 If the Customer intends to claim damages exceeding the amount of the contractual penalty of BGN 100, then he/she is obliged to insure him/herself in case of damage. This duty to get insurance against damage in the event of injury, has been fulfilled by the Customer based on boarding, and the Customer takes full responsibility regarding the fulfilment of this obligation.
1. Determining the time of commencement of transport
4.1 However, the Customer or another ordering party expressly acknowledge that they are obliged to negotiate the time of departure of the Customer, i.e. the time of arrival of the carriage well in advance (for example, prior to departure, commencement of another flight, etc.), including the offset of at least 30 minutes, to prevent delays to the carrier due to force majeure, bad traffic or road complications (accidents, traffic jams, and other traffic restrictions).
4.2 If the Customer or another ordering party do not respect the above stated limits and time reserves stated in their order when setting the time for boarding, and consequently have damages caused to them because of it, they are not entitled to compensation for such damage by NICKYTRAVEL Ltd.
1. Order methods
5.1 We provide all services based on orders from the Customer or other ordering party (hotel, travel agency, excursionist, etc.). Orders can be placed online via our website, by e-mail, by phone, or by SMS. The agreement based on which the provision of services to the Customer is realized arises on the basis of a binding order confirmation. The binding confirmation is a confirmation by SMS for phone and SMS order, and an e-mail confirmation for orders created through the web page and via e-mail. An acknowledgment of receipt of an order in the system is not considered binding unless it is confirmed by NICKYTRAVEL Ltd, where the Customer is at the same time advised that NICKYTRAVEL Ltd.’s services can only be used under these Business Terms.
5.2 An order confirmed by NICKYTRAVEL Ltd (or part of it) is considered binding for both parties unless the terms of the contract agreed at the time of confirmation are violated. In particular, the content of the order (exact specifications of the transport and the number of persons transported), the price of the transport, the method of payment, consent to the business conditions – in particular with the maximum amount of the contractual penalty and the limitation of the liability of NICKYTRAVEL Ltd for the damages caused, and the term of realization.
1. Payment options
6.1 In cash
When paying a transfer or other service in cash, the driver or representative of NICKYTRAVEL Ltd accepts US Dollars and EURO. Payments in cash in foreign currency are based on the current exchange rate of the Bulgarian Lev on the day of the pickup, determined by NICKYTRAVEL Ltd, not on the rate that was current on the day of booking.
6.2 By credit card Visa or MasterCard(commission 3%)
If the Customer pays by a debit or credit card online, it is possible to make payments in the following currencies – Bulgarian Lev only.
If the Customer pays online in advance, the driver or a representative of NICKYTRAVEL Ltd is informed of the payment; it is not necessary to print a payment receipt.
6.3 Bank transfer
Payment by bank transfer (by invoice) is only possible upon request or when NICKYTRAVEL Ltd has allowed this payment option exclusively in the case of the particular Customer. NICKYTRAVEL Ltd may require payment of an advance before the order is executed, otherwise it is entitled to cancel the order. Invoices can only be issued in the following currencies – BGN, EUR, USD or GBP.
6.4 PayPal(commission 6%)
Payment by Pay Pal is only possible upon request or when NICKYTRAVEL Ltd has allowed this payment option exclusively in the case of the particular Customer. NICKYTRAVEL Ltd may require payment of an advance before the order is executed, otherwise it is entitled to cancel the order. Invoices can only be issued in the following currencies – BGN, EUR, USD or GBP.
1. Invoice; receipt of payment (advance)
For payments made directly to the driver (by credit card or in cash), the driver will issue a receipt on the day of pickup to the Customer (usually a simplified tax document), or the invoice will be sent via email by NICKYTRAVEL Ltd’s office. For payments made online via NICKYTRAVEL Ltd’s website, the Customer will be sent a receipt for the ordered service. The final tax invoice for the online deposit is issued by NICKYTRAVEL Ltd upon request. If the Customer pays for an invoice (bank transfer), the invoice is issued by NICKYTRAVEL Ltd and the price includes VAT. If the document is issued directly by the contractual driver, the tax document may or may not include VAT, depending on whether or not the driver is a registered VAT payer. All listed prices are final and include VAT.
1. Method of payment for the return journey
If a reservation includes a return trip or a greater number of trips, the Customer may pay the total amount either at one time, or pay for each trip separately. The driver will issue a receipt / voucher to the Customer, stating the exact amount paid. If both journeys have been paid, the Customer will provide the driver with a return receipt / voucher on the return trip.
1. Advance payments
For orders where a pickup location is outside of big cities, NICKYTRAVEL Ltd may request a deposit to be paid for the selected vehicles, trips and orders for larger groups at least 24 hours before the specified pickup time. In such cases, the Customer’s company will be required to report the deposit and the possible method of payment. If the required deposit is not paid, NICKYTRAVEL Ltd has the right to cancel the order without a refund.
1. Change of reservation and cancellation conditions
10.1 Usual transport (transfers)
If a Customer wishes to change or cancel his reservation for any reason, he may do so through NICKYTRAVEL Ltd’s website – , by email or by telephone before leaving – at least 4 hours before the pickup time. If the Customer has already paid for the pickup and cancelled the ride in the required time, NICKYTRAVEL Ltd will refund the money to him or the service will not be invoiced. If the Customer fails to cancel the service in a timely manner, the prepaid advance or the amount for the execution of the transport is considered to be the amount of the contractual penalty that compensates NICKYTRAVEL Ltd with the damage caused by the late cancellation.
10.2 Transport with pickup point outside of Bulgaria
Changes and cancellations of transfers that have a designated pickup spot outside of Prague are subject to different cancellation conditions. Cancellations must be made at least 12 hours before the scheduled pickup time, otherwise NICKYTRAVEL Ltd will charge a 100% cancellation fee as a flat-rate compensation in the form of a contractual penalty paid by the Customer. The reason for applying a 100% cancellation (contractual penalty) is to cover all the costs of the ordered and non-shipped transportation from NICKYTRAVEL Ltd.
10.3 Coaches and buses
Changes and cancellation of coaches are subject to different cancellation conditions than normal transfers. Cancellations must be made at least 24 hours prior to the scheduled pickup time, otherwise NICKYTRAVEL Ltd will charge a 100% cancellation fee. The reason for applying a 100% cancellation fee is to cover all the costs of the ordered and unattended Transportation by NICKYTRAVEL Ltd.
10.4 Excursions, tours and other services
Cancellations must be made at least 12 hours in advance of the scheduled trip, otherwise NICKYTRAVEL Ltd will charge a 100% cancellation fee (contractual penalty, as a flat-rate compensation for late cancellation). For larger groups or reservations where a deposit is required, cancellations must be made at least 24 hours prior to commencement, otherwise NICKYTRAVEL Ltd will charge a 100% cancellation fee as a flat-rate compensation in the form of a contractual penalty paid by the Customer. The reason for the 100% cancellation fee is to cover all the costs of the already ordered and non-commissioned service on behalf of NICKYTRAVEL Ltd.
If the Customer cancels a prepaid online service and is entitled to a refund, the money will be automatically returned to the card (or account) that was used to pay the order. The default refund period is 30 days from the transaction date. When the Customer request a refund after 30 days, there might be extra fees to cover different refund method (e.g. postal, bank transfer or PayPal fees). Otherwise, any refund claims must be submitted within 30 days in writing or by e-mail, to the address or email address of NICKYTRAVEL Ltd. Upon expiry of this period, the Customer no longer has any claim for a refund (compensation).
1. Compensation, maximum contractual penalty
Claims for damages must be submitted within 30 days in writing or by e-mail, to the address or email address of NICKYTRAVEL Ltd. Upon expiry of this period, the Customer no longer has the right to claim compensation or any related claim for damages, with respect to the application of the contractual penalty. Any Customer complaint will, however, be properly investigated. Compensation for damage / inconvenience is limited to a maximum amount equal to the transport price per reservation, but not exceeding BGN 300 – a maximum contractual penalty. Damages are totally exempt in instances when, for logistical reasons, a replacement wagon of the same type or the same wagon is provided in another color and the situation where the damage occurs due to events that the service provider cannot influence, such as natural disasters. Claims for damages in case your flight is significantly delayed (more than 20 minutes) are fully excluded from our compensation scheme too.
1. Complaints and the application of the contractual penalty
13.1 In case of any problems, the Customer needs to follow this complaint handling procedure. If a Customer desires to claim damages, he must immediately inform NICKYTRAVEL Ltd about the problem. If the Customer cannot find his driver or has any other problem with a particular ordered service, he contacts NICKYTRAVEL Ltd immediately via telephone. If the problem is not resolved immediately or to the extent that is required, the Customer will communicate this fact to NICKYTRAVEL Ltd by email or in writing and will give details of the complaint. The complaint will then be investigated as soon as possible, usually within a few hours.
13.2 All necessary contacts regarding NICKYTRAVEL Ltd for the purpose of filing a complaint or claiming a contractual penalty/compensation shall be found by the Customer on the order or the contract of carriage, or these contacts will be found in a visible place in the car, or the contact will be provided by the respective driver of the car to which the Customer is transported.
13.3 In the event of a breach of NICKYTRAVEL Ltd.’s obligations in respect of the handling and storage or use of its Personal Data, the Customer has a right to a complaint against NICKYTRAVEL Ltd’s conduct in this matter. The complaint will be sent by the Customer to the address or email address of NICKYTRAVEL Ltd, which will examine the Customer’s complaint, investigate and take the necessary action both with respect to the complainant and with respect to other Customers.
1. Obligations of the Customer
14.1 The Customer is obliged to behave at the time of transport in accordance with the driver’s instructions and in particular to observe the safety regulations of the valid carriage. The Customer acknowledges that he has been advised of all circumstances, including safety regulations, prior to transport. The Customer also undertakes not to damage the carrier and transport vehicle in any way, to preserve its cleanliness, not to damage the property of other transported persons and not to cause trouble in any way during the transport. In the event of a breach of these obligations, the Customer is aware of the liability for the damage caused by NICKYTRAVEL Ltd or the ordered Transporter or third parties by their actions.
14.2 The Customer is also obliged to board the vehicle at the agreed time of arrival, except when he finds out that he cannot board it for a valid reason (stated above).
1. Validity of these Terms and Conditions
These Terms and Conditions are valid for an indefinite period starting from January 12, 2020. In the event of changes to these Terms and Conditions, which are reserved by NICKYTRAVEL Ltd, the Customer is considered to be bound by the Terms and Conditions in the version valid at the time the contract was signed, or the valid order was sent or placed.