General Conditions of Carriage

Status: 30/09/2020

1 Application of These Terms and Conditions

The terms and conditions of carriage apply to the carriage of passengers on the Kamil Koç long-distance bus network. The vehicles are used for the carriage of passengers.

2 Right to Carriage

2.1 There is an entitlement to carriage provided a contract of carriage has been entered into.

2.2 The booking confirmation (see clause 3.1) entitles the passenger to a journey between the start and destination indicated on the ticket. A later boarding or earlier disembarkation is not permitted due to legal regulations.

3 Tickets, Carriage Charges

3.1 The stipulated carriage charges must be paid in return for carriage. For this purpose, tickets are issued by Kamil Koç. The booking confirmation, either printed out or displayed in electronic form (PDF file), and a valid official photo identification shall be deemed to constitute a ticket. A ticket is generated for each person and each journey. The first and last name of the passenger, the ID number , the HES code, an email (online sales) or a phone number (offline sales) and, if applicable, nationality and the date of birth must be provided during the booking process. The passenger’s name is matched against the booking list based on the current booking situation to determine whether there is a claim to carriage. This is done preferably by scanning the tickets.

3.2 The passenger must book prior to departure. Access to the passenger compartment in the vehicle is only permitted with valid booking confirmation.

3.2.1 Journeys may be booked online on the web portals, via Kamil Koç mobile smartphone apps, at partner agencies, and at other business partners.

3.2.2 Booking confirmation (order data) is saved and can be retrieved via the web portal and may also be sent to the passenger by email. A copy of these terms and conditions shall be saved and stored electronically by Kamil Koç for 5 years from the date of the sale. By this way, the passenger in advance declares to consent Kamil Koç to keep and store his personal data specified on the ticket purchased from Kamil Koç.

3.2.3 Every passenger with a valid ticket is entitled to a seat.

3.3 Online Ticket Purchase:

3.3.1 By clicking the “Book”/“Pay” button, a binding order for the goods in the basket is placed. A ticket is generated for each person and each journey. Confirmation of receipt for the order shall be issued immediately upon submission via an automatic e-mail confirmation. The contract for carriage shall not be deemed to have been concluded until Kamil Koç has accepted the order by issuing an acceptance confirmation. This confirmation of acceptance may be issued with the automated e-mail confirmation or separately at a later stage.

3.3.2 Current technology means that data communication via the internet cannot be guaranteed in an error-free and/or permanently accessible manner. It is not possible to develop and operate computer programs (software) and data processing systems (hardware) in a completely flawless manner and exclude all unpredictable factors which may occur in conjunction with the Internet medium. As a result, Kamil Koç shall not assume any guarantee for the constant, uninterrupted availability of its website and technical systems. In particular, due to the technical characteristics of the Internet, permanent availability of the online booking options cannot be guaranteed. There shall be no entitlement to any savings or discounted prices if, due to technical problems, the system is only available again at a later point in time (e.g. advanced selling period).

3.3.3 It should be noted that the statutory provisions regarding cancellation rights in the case of distance contracts shall not apply as far as contracts of carriage concluded online by way of distance selling are concerned, and in the case of which the operator undertakes, upon the contract’s conclusion, to perform the service at a specific time or within a stipulated time period. This contrasts with the online mail order business. Our conditions concerning cancellation remain, however, unaffected by the above.

3.4 Staff-operated Sales Offices:

Sales agencies, ticket outlets and the customer service department of Kamil Koç may charge a service fee to complete a booking or cancellation.

3.5 Carriage charges:

3.5.1 There shall be no entitlement to book all price brackets or price quotas in connection with any particular form of booking. Savings and promotional prices in particular are only partly bookable- online.

3.5.2 The fare only covers the transport of persons, other services and services such as the reservation of panorama seats or single seat, if applicable, will be subject to a separate charge.

3.5.3 Specific booking conditions apply to reduced fares. The publication of fare conditions regarding the individual routes shall be decisive in this regard.

4 Invalid tickets

The passenger is required to show both the ticket and a valid photo identification when asked to do so by employees of Kamil Koç during random ticket checks for the purpose of checking the validity of the ticket.

5 Schedules

5.1 Amendments to the approved and published travel times, dates, routes and fares on the grounds of good cause, in particular for the implementation of decisions of the licensing authority, are reserved.

5.2 Schedule amendments which take effect after the contract’s conclusion and for which the carrier is not responsible (e.g. long-term effects of natural catastrophes or permanent building sites) shall not entitle passengers to assert compensation claims as long as these amendments deviate only insignificantly from the originally agreed departure and arrival times. Substantial schedule amendments shall entitle passengers to withdraw from the contract of carriage free of charge. To do this, passengers are requested to either contact customer service hotline or filling the contact form. Passengers should not have commenced travel in these cases. Other passenger rights shall remain unaffected.

6 Commencing Travel

6.1 Passengers are recommended to reach the departure point 15 minutes prior to commencing travel.

6.2 Claims for carriage and the booked journey may be otherwise assigned to another passenger for next intermediate stop after departure of the vehicle in the event that passengers are not present at the scheduled departure time and place for the route booked.

6.3 If passengers are notified via SMS, e-mail or other written format of a delay in travel, then a claim for carriage in the event of passengers’ absence shall only lapse with effect from the delayed travel time specified in the SMS or e-mail.

6.4 The passenger’s name is matched against the booking list of the host/driver or bus station staff based on the current booking situation to determine whether there is a claim to carriage. This is done preferably by scanning the tickets. In special cases, the passenger must identify him-/herself to the driver/host and service staff on request by submitting the printed or electronic (as PDF file) presentable booking confirmation, as well as a valid government-issued photo ID (identity card, passport or similar including a valid visa, if necessary).

6.5 Measures to protect against Coronavirus (COVID-19) infection: Passengers must respect the measure in place to protect against the Coronavirus (COVID-19). Passengers who do not respect the measures and/or doesn´t provide the HES code may be excluded from the journey. In which case, there is no right to alternative transportation.

7 Transfers

7.1 As a general rule, the published scheduled services are direct connections. In some cases a transfer may be necessary.

7.2 If a transfer is scheduled, Kamil Koç guarantee passengers’ continued carriage to their booked destination. Kamil Koç offer substitute transportation if a shuttle bus is unable to wait for a delayed connecting bus in exceptional cases. In some cases, this may take the form of buses operated by other companies, cars or railroad. Claims to a particular form of transport shall not be recognized.

7.3 The regulation described above shall apply only in cases in which passenger bookings with Kamil Koç feature direct connections. If passengers book individual routes and combine these to form a journey involving transfers, they shall bear the risk of missing a connection. Claims for substitute transportation or hotel accommodation shall not exist in these cases. However, Kamil Koç or Kamil Koç shall make every reasonable effort to inform passengers of alternative connections.

7.4 Transferring to transport services not operated by Kamil Koç cannot be guaranteed. Kamil Koç is not liable for malfunctions and troubles that may occur due to the alternative transport services.

8 Shuttle transportation

8.1 A shuttle service can be provided by Kamil Koç in some specific stations additional to the long-distance ticket. The service is binding only if showed in the ticket and it is free -of- charge, in case the passenger avails the shuttle service to be provided by Kamil Koç after reaching destination point stipulated in the contract of carriage, the passenger cannot hold liable Kamil Koç for the delay or any other inconvenience of the shuttle service. The passenger bears the risk arising from using the shuttle service which cannot transport the passenger to the departure point.

9 General Passenger Obligations

9.1 Instructions issued by driving and accompanying personnel must be obeyed.

9.2 Driving and dispatch personnel shall be authorised to exclude individuals from travel if they are obviously intoxicated or under the influence of drugs. The same shall apply to passengers who compromise the safety of their fellow passengers for other reasons or significantly impair the well-being of the latter. Claims to substitute transportation shall not exist in these cases.

9.3 Smoking on board the bus is not permitted. This prohibition also extends to e-cigarettes.

9.4 Passengers shall be liable for damages caused on, in or to the bus in a culpable manner.

9.5 Carriers may cancel the contract of carriage without notice in the event that despite receiving a (verbal) warning, a passenger behaves in a manner so disruptive, that it is no longer reasonable for the carrier and/or the remaining passengers to continue the journey. This shall also apply if the passenger fails to observe objectively justified guidelines (e.g. safety guidelines). In this case, the carrier is entitled to retain the fare.

9.6 All passengers shall be obliged to use seatbelts in accordance with statutory regulations, insofar as the bus is equipped with them.

9.7 During breaks/stops or police checks, bus passengers must leave the bus if requested to do so by driving and service personnel. Passengers are required to follow the break duration given by driving and service personnel during said breaks. Driving personnel are authorised to continue driving should a passenger not return to the bus after the indicated break time is over, and are not responsible for the absence of a passenger after the indicated break time is over.

10 Specific Obligations of Passengers on International Routes

10.1 Each passenger desiring transportation across any international boundary shall be solely responsible for complying with all laws and regulations relating to documents and identity papers, visas, foreign currencies, customs and health. Kamil Koç is not liable for any consequences due to failure to comply with such laws, regulations, even if these are changed after booking.

10.2 Each passenger desiring transportation across any international boundary shall be responsible for obtaining all necessary travel documents and for complying with the laws of each country from, through or to which he/she desires transportation. (General rule: Passport for citizens of all nationalities).

It is recommended to check the entry and travel requirements of the destination country/transit countries by contacting the proper embassies or consulates. Kamil Koç is not liable for any consequences if a passenger fails to obtain the necessary documents and identity papers.

10.3 Prior to each departure, passengers travelling to or from an international destination are required to produce, at the request of the driving and service personnel, an official document valid for border traffic, which contains at least the first name and surname and a photo, for identification purposes (identity card, passport, if necessary with visa) before each trip. This does not include: driving licences, library cards, student cards, health insurance cards and similar documents which do not serve as sole proof of identity to offices/authorities. Driving and service personnel shall check that the information on the ticket is identical to the form of identification (identity card/passport) provided by the passenger.

10.4 Kamil Koç reserves the right to refuse boarding,

• if a passenger does not have in his/her possession any document or identity paper with his/her full name and photograph on it, see 10.3;
• if a passenger provides a document or identity paper whose information does not correspond to the information on the ticket.
• If a passenger does not have in his/her possession the HES Code

10.5 In accordance to Article 10.4, Kamil Koç is under no obligation to reimburse the ticket in full or in part, or to make any form of compensation.

10.6 Checked baggage shall remain unlocked to accelerate customs clearance processes.

10.7 Passengers shall be obliged to only carry goods with them which are exempt from customs duties in nature and quantity.

11 Children and Minors

11.1 Small children aged between 0 and 6 years can be carried on the lap of the passenger.

11.2 Children under the age of 12 are entitled to a 30% discount on the ticket price in the event of a separate ticket request. The reduced ticket can be purchased only in the offline point of sales.

11.3 Children and minors aged below 18 may only travel alone in the event that a parent or legal guardian has confirmed in written during booking that the minor in question is both able and in a position to commence unaccompanied and unsupervised travel or in case they are able to proof that they are taking education outside the residency. (e.g. student ID) Kamil Koç and their affiliates do not assume any responsibility for supervising a minor.

12 Passengers with disabilities or limited mobility

12.1 Everyone will be given an opportunity to travel, regardless of whether they have a disability or limited mobility. Individuals with a disability or with limited mobility will be provided assistance by Kamil Koç. A 40% discount is granted to disabled passengers that can certify with a proper document at least 40% of disability. The reduced ticket can be purchased only in the offline point of sales.

12.2 In order to ensure it is possible to transport individuals with disabilities or limited mobility, the passenger must inform us about his/her needs before booking.

12.3 Bus stops/Bus stations

Kamil Koç has no control over the infrastructural condition of the stops and bus stations visited, and as such, has no control over the disabled access for disabled individuals. Therefore, Kamil Koç cannot make any guarantee on this. The respective operator of the station is responsible for this.

12.4 Refusal of carriage

12.4.1 Should the vehicle design or infrastructure, including bus stations and bus stops, physically prevent the boarding, exit or carriage of the disabled person or person with limited mobility in a safe and operationally feasible manner, Kamil Koç reserve the right to refuse to accept a reservation, to issue or to make available a ticket or to allow the person in question to board the vehicle. In this case, the person(s) involved shall be informed about all other acceptable alternative means of carriage using services offered by Kamil Koç.

12.4.2 The vehicle design means that carriage is currently only possible in the event that disabled individuals or those with limited mobility are able to commence travel independently and without external aid. Passengers may request to be accompanied by another person of their choice who is able to provide the assistance required by disabled individuals or those with limited mobility to compensate for the above restrictions.

12.4.3 Any passengers affected will be notified promptly and if they so request in writing, within five working days after receipt of the request, about the corresponding reason for refusal of transportation.

12.4.4 In the event that the carriage of a passenger with a disability or limited mobility is checked and a ticket is issued, and if this passenger is subsequently refused carriage, the passenger has the following options: (a) to either request the reimbursement of the fare and the free return trip to the initial point of departure as specified on the contract of carriage at the earliest opportunity, as applicable, or (b) to continue the journey on an alternative route with an acceptable substitute transport service to the destination specified in the contract of carriage.

12.5 Carriage of wheelchairs or walking aids

12.5.1 Passengers with disabilities or limited mobility shall be entitled to transport their folding wheelchairs or walking aids in the bus’s baggage compartment free of charge, if the baggage conditions are respected. The wheelchairs must be collapsible for safety reasons and without motors.

12.5.2 The passenger guarantees that the wheelchair is functional and technically suited to being used safely during travel. The wheelchair must comply with current legal safety requirements. Transportation by wheelchair may be refused if considerable evidence indicates that safe travel is not possible or is questionable. The carrier is not liable for damage caused by a defective technical condition of the wheelchair.

13 Seat Reservation

13.1 Seat Reservation

13.1.1Seat reservation is granted without any additional charges, during every booking process a seat is assigned to each individual. The passenger has the option to choose the preferred seat. If the seat is not selected, the system will automatically assign them based on the gender and the availability. The gender of the customer is showed during the process.

13.2 Restrictions on special seat reservations

13.2.1 Kamil Koç may reassign seats for operational or safety reasons, even after departure. This may occur, for example, when pregnant women, minors, children travelling alone or individuals with physical disabilities need to move to another seat and no corresponding seats are free. In such cases the Kamil Koç employees’ instructions must be followed. Seats may be reassigned without regard to race, religion, skin colour, or nationality.

14 Carriage of Goods

14.1 Luggage

14.1.1 The luggage allowance included in the fare is limited to a maximum weight of 30 kg. Please note that some of our lines may have exceptions to the baggage policy. If necessary, these will be indicated during the respective booking process and on the issued ticket.

14.1.2 Additional luggage

14.1.2.1. In case the luggage of passenger exceeds 30 kg, an additional ticket needs to be purchased. Please note that some of our lines may have exceptions to the luggage policy. If necessary, these will be indicated during the respective booking process and on the issued ticket.

14.2 Hand Baggage

14.2.1 Hand baggage is carried free of charge, but is limited to one baggage item per passenger that can´t exceed a size of 120 cm and a maximum weight of 7 kg.

14.2.2 Passengers shall be required to stow and monitor the hand baggage in the passenger area in a manner which ensures that the safety and proper operation of the bus is not compromised and other passengers are not inconvenienced. Hand baggage should, in principle, be stowed on the baggage racks provided or placed under the seats in front of passengers.

14.2.3 The hand baggage and its contents shall remain in the care of passengers for the duration of the journey and must be monitored appropriately. If any unauthorised access by third parties is observed, the bus driver or the host should be informed. Passengers are requested to check their hand baggage to ensure all contents are there prior to the end of the journey.

14.3 Valuable items and electronic equipment

14.3.1 Valuable items, such as cash, jewellery, precious metals, keys, glasses (sunglasses and/or reading glasses), electronic devices (laptops, iPads, tablets, MP3 players, cellphones, cameras, power banks, lithium batteries or lithium accumulators), e-cigarettes, electronic consumer goods (in particular laptops, mobile phones, etc.) affected by a recall action by the manufacturer or dealer, contact lenses, prostheses, medication, important documents (diploma certificates, other certificates, credentials, passports, driving licenses, securities), etc. and fragile objects must be transported as hand baggage, not stowed baggage, and are subject to the due diligence of passengers.

14.3.2 Should passengers nonetheless choose to place valuable items in their stowed baggage, no liability claims shall be accepted. Cases of intent or gross negligence shall be exempted from the above.

14.4 Buggies

14.4.1 Buggies are considered normal baggage and can be transported according to the luggage conditions.

14.5 Bicycles

14.5.1 Bicycles may be transported based on the availability of the carrier, any other transportation vehicles have to respect the luggage conditions to be carried. (e.g. E-scooters)

14.6 Items forgotten or left behind on the bus are not covered by insurance.

14.7 Dangerous substances and objects are not permitted during travel, especially

• explosive, flammable, radioactive, foul-smelling or corrosive substances,
• unpackaged or unprotected items which could injure passengers.

These include, for example, weapons, ammunition and pyrotechnics.

15 Carriage of Animals

15.1 The carriage and transport of dogs and other animals on long-distance buses is allowed. Pets, as vaccinated cats, dogs (except those who present danger) and birds (goldfinches, budgerigars or canaries) can travel carried in cages smaller than 23x30x40 cm. Pets can travel either in its cage, on the lap or in front of the seat, or on the side seat bought at the standard fare. Kamil Koç has the right to not accept pets that can compromise the safety of passengers and other animals. The pet can be carried only if the passenger has the necessary documents such as pet’s medical certificate and vaccine paper.

16 Passenger Rights in the Event of Delays or Cancellation

16.1 If there is a cancellation or delay, Kamil Koç or the bus station operator may notify the passengers departing from a staffed terminal of the situation as quickly as possible, and inform them of the anticipated departure time as soon as this information becomes available. Kamil Koç may provide all passengers, particularly those departing from non-staffed bus stations, electronic information regarding cancellations or delays. In order to receive this information, passengers must provide the required contact data (e.g. mobile phone number).

16.2 In the event of overbooking or cancellation passengers have the following options: (a) to continue their journeys at the earliest possible opportunity on a different route leading to the destination stipulated in the contract of carriage at comparable conditions to those named in the same, or (b) to request reimbursement of the fare. Reimbursement shall be made in monetary terms within 14 days after receipt of the compensation claim or passengers have been given the choice of (a) or (b), above, unless passengers agree to another form of refund.

16.3 In the event that the vehicle becomes unserviceable during the journey, Kamil Koç shall offer passengers continued carriage with a substitute vehicle or carriage to a suitable waiting point from where the journey can be continued.

16.4 Further claims arising from harm caused by the cancellation or delay shall not be excluded.

16.5. In case of delays or cancellations that may occur due to reasons other than fault of KamiL Koç, the passenger declares not to bring any claims against Kamil Koç on the ground that monetary or non-monetary damage has been incurred. Reimbursement of ticket fare is excluded.

17 Liability

In case of loss of any items which are delivered to the baggage and are not valued, no more than three times of ticket fare shall be paid. Kamil Koç is not held responsible for any forgotten lost or stolen items in the bus or in the shuttle.

18 Obligations of the Passenger For Usage Of Credit Card

The passenger should not share the credit card information with any other persons. The passenger accepts, declares and undertakes to be solely responsible for safety of those information and Kamil Koç shall not be liable in case such information is used by any other person. Kamil Koç is not held directly or indirectly responsible for any negligence or fault in manners such as safety of credit card information, storage of such information, usage of such information or keeping those information away from third parties. The passenger accepts, declares and undertakes to compensate if any damage is incurred by Kamil Koç due to negligence or fault of the passenger.

19 Place of Jurisdiction

The place of jurisdiction for registered traders, legal and natural persons who have no general place of jurisdiction in Turkey, as well as for natural persons who have relocated or resettled abroad after concluding a contract of carriage, whose domicile or habitual residence at the time the complaint is not known, is Bursa.

20 Ineffective Provisions

If individual provisions within these General Conditions of Carriage should be or become entirely or partially ineffective or void, this shall, in principle, not compromise the efficacy of the contract of carriage as a whole.