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Terms and Conditions of Carriage

These Vipper Terms and Conditions of Carriage are applicable to all transport of Passengers and Baggage and other services offered by Vipper.

GLOSSARY

 

Account

The personal service account through which the Passenger enters into an agreement with Vipper.

Baggage

Excess baggage and/or free baggage; baggage meaning the carry-on baggage Passenger takes with him/her on the vehicle as well as checked-in luggage.

Excess Baggage

The Baggage that may be taken for a fee by the Passenger and that is part of the Booking.

Booking

The agreement concluded between Vipper and the Passenger, either directly between Passenger and Vipper or through a third party.

Actual Carrier

The carrier who actually performs the transport.

Linked Travel Arrangements

At least two different types of travel services that are taken for the same trip or holiday, which do not form a package tour and for which separate agreements are concluded with different travel service providers, as further defined in Article 7:500 under e BW.

IATA

The International Air Transport Association.

Itinerary

The document headed ‘Itinerary’ or ‘Booking confirmation’, setting out a Trip Reservation Number and a Ticket number. The Itinerary also sets out the relevant information regarding the Passenger and the Booking.

Multimodal Transport

Transport that takes place under one and the same agreement, partly by sea, by inland waterway, by road, by rail, by air or by any other transport technique.

Package Travel

Combination of at least two different types of travel services for the same trip or holiday, as further defined in Article 7:500 under b BW.

Passenger

The person who is transported in a means of transport by the Actual Carrier and who is named in the Booking confirmation or itinerary.

Passenger with Limited Mobility

Any person whose mobility is limited in the use of transport due to a physical disability, intellectual disorder, age or any other cause of disability and whose situation requires that they receive appropriate attention and that the services provided to all Passengers are provided to them in an adapted manner.

Platform

The Vipper Passenger App as well as the website of Vipper on which it offers its services.

Ticket

The ticket issued by Vipper after the conclusion of the agreement / at the time of Booking for the entire transport route.

Vipper

Vipper B.V., with its registered offices at Herengracht 184, 1016BS Amsterdam, The Netherlands, registered at the Dutch Chamber of Commerce under number 72396814.

Terms and Conditions of Carriage

These Vipper Terms and Conditions of Carriage.

Baggage Allowance

The Baggage that may be taken free of charge by the Passenger and of which the Passenger is informed prior to the Booking.

 

1.1 When are these Terms and Conditions of Carriage applicable?

These Terms and Conditions of Carriage apply to all agreements that the Passenger or the person/party on behalf of the Passenger concludes with Vipper. The Terms and Conditions of Carriage also apply if the Passenger uses replacement transport, either offered by Vipper and/or deployed for the Passenger, even if this transport is offered free of charge or at a reduced rate.

 

1.2 When will an agreement be concluded?

An agreement is concluded between the Passenger and Vipper if the Passenger books transport (makes a Booking) via the Vipper website (www.vipper.com), via the Vipper Passenger App or through a travel agent.

 

1.3 In which languages are these Terms and Conditions of Carriage drawn up?

These Terms and Conditions of Carriage are drawn up in the English language as well as in some other languages. In the event of a conflict between this English version and one of the other versions, the English version will prevail.

1.4 How do these Terms and Conditions of Carriage relate to statutory provisions of mandatory law?

If – and insofar is has been established by law that – provisions of these Terms and Conditions of Carriage, or a part thereof, are contrary to a statutory provision of mandatory law from which no deviation is permitted, only the relevant provision or the relevant part thereof is not applicable and/or agreed upon and that law will apply. All other provisions/parts of these Terms and Conditions of Carriage will then remain fully applicable. Legal provisions include in any case:

  • Treaties;

  • European Regulations;

  • (International) Legislation;

  • National and/or regional law;

  • Applicable governmental regulations.

1.5 How do these Terms and Conditions of Carriage relate to the terms and conditions of the Actual Carrier(s)?

Vipper operates a Platform. A trip on various modes of transport (road/rail/air/water) can then be booked under one Booking. Vipper acts as a contractual carrier. Vipper books the transport for the Passenger with the Actual Carrier(s). In their relationship to the Passenger, the Actual Carrier(s) (possibly) each have their own (sets of) conditions, which include operational arrangements regarding seat reservation, Baggage, special assistance, timetable(s), check-in/boarding, behaviour on board and administrative formalities. The Passenger hereby declares to observe these operational arrangements as set out in those conditions and to act accordingly for each mode of transport to which these conditions apply.

In addition to the abovementioned operational arrangements, these conditions may also contain stipulations with legal effects, including limitation of liability.

2.1 Which regulations apply with regard to Package Travel and Linked Travel Arrangements?

When the Passenger concludes a Package Travel Agreement or a Linked Travel Arrangements Agreement with Vipper, the provisions of Title 7A of Book 7 of the Dutch Civil Code (Package Travel and Linked Travel Arrangements) apply.        

3.1 What requirements apply to using the Vipper service?

In order to enter into an agreement with Vipper, the Passenger must register and have an active personal service account (“Account”). The Passenger must be at least 18 years old or the legal age of the relevant jurisdiction (if not 18) to obtain an Account. To register the Account, the Passenger must submit certain personal information, such as name, first name, address, email address, mobile phone number, date of birth, passport number and as long as the passport is valid at least one valid payment method (credit card or accepted payment partner). The Passenger undertakes to display accurate, complete and current information in the Account. Failure by the Passenger to have valid, accurate, complete and current Account information may result in blocking access and use of Vipper’s services or termination of the agreement between Vipper and the Passenger. The Passenger is responsible for any activity arising under the relevant Account and agrees to keep the username and password secret at all times. Unless otherwise authorized in writing by Vipper, the Passenger can only hold one Account.

 

The services of Vipper are not available for use by persons under the age of 18 or under the legal age in the relevant jurisdiction (if not 18). The Passenger must not authorize third parties to use the Account and may not permit persons under the age of 18 or under the legal age of the relevant jurisdiction (if not 18) to receive services unless accompanied by the Passenger. The Passenger may not assign or otherwise transfer his Account to other persons or entities.

 

Vipper reserves the right to remove and/or change unconfirmed Accounts or Accounts that have been inactive for an extended period of time. In addition, Vipper reserves the right to terminate or refuse services to anyone and/or to delete an Account, in particular if a Passenger does not comply with the agreement between Vipper and the Passenger or these Terms and Conditions of Carriage and/or in case of improper, illegal or immoral use of the services of Vipper.

4.1 How does Vipper processes Passengers’ personal data?

Vipper may process personal data when providing services to the Passenger. More information about the processing of personal data by Vipper can be found in the privacy statement available on the Vipper website: www.vipper.com/privacy. A digital copy of the privacy statement will be sent free of charge at the request of the Passenger.

 

5.1 What intellectual property rights apply to the Platform?

Vipper operates a Platform. Vipper grants the Passenger – through an Account which has to be created – a limited, non-exclusive, non-sublicensable, revocable and non-transferable license to: (i) access and use the Platform for personal use and (ii) access and use any content, information and related materials that may be made available on the Platform, at least for personal, non-commercial use only. All rights not expressly granted herein are reserved by Vipper and its licensors.

The Passenger must (i) not remove any copyright, trademark or other proprietary rights from any part of the Platform; (ii) not reproduce, modify, prepare derivative works based on, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the services offered on the Platform and/or the Platform itself, unless expressly permitted by Vipper; (iii) not decompile, reverse engineer or disassemble the Platform and/or any related services except as permitted by applicable law; (iv) not referring to, mirroring or framing any part of the Platform; (v) not launch or run programs or scripts with the purpose to collect, index, obtain or mine data otherwise of any or all parts of the Platform, nor launch or run programs or scripts with the purpose to unnecessarily aggravate or hinder the activities and/or functionalities of (parts of) the Platform; (vi) do not attempt to gain or obstruct unauthorized access to any part of the Platform and related systems or networks.

6.1 Does the Passenger need to show a valid ID?

In certain cases, the Passenger may be asked to present a valid form of identification to access or use the services. The Passenger agrees that he may be denied access to or use of the services if he refuses to show a valid ID.

7.1 Ticket information

7.1.1 When will a Ticket be issued?

The stipulated carriage charges must be paid in return for carriage. After payment or after a (payment) arrangement, separately determined with Vipper, the Passenger receives one Ticket that covers the entire transport – which may include different modes of transport. The Ticket is issued by Vipper or by one of its partners and/or IATA sales agents.

7.1.2 What constitutes a Ticket?

The booking confirmation, either printed out or displayed in electronic form, and a valid official travel document shall be deemed to constitute a ticket. A ticket is generated for each person and each trip and gives the Passenger access to the check-in portal. Connections with transfers are considered as one trip. The booking confirmation can be retrieved via the Vipper website and/or Passenger App and can also be sent by email. 

7.1.3 Can the Ticket be transferred to another person?

A Ticket is not transferable. The transport is offered exclusively to the Passenger mentioned and named on the Ticket. The right to check the Passenger’s ID is reserved to determine whether there is a claim to carriage. If a Ticket is presented by someone other than the Passenger to obtain transport, Vipper is not obliged to perform the services and any (possible) compensation rights of the Passenger are excluded. This also applies if the Ticket has been provided to this person in good faith by the Passenger.

In accordance to this article, the first and last name of the Passenger and, if applicable, the date of birth must be provided during the booking process.

7.1.4 When is the Ticket valid?

A Ticket is only valid if it meets all of the following requirements:

  • The Ticket has been accepted by Vipper as a valid Ticket;

  • The Ticket has been put into circulation by Vipper or by another party that had permission from Vipper to put the Ticket into circulation;

  • The Ticket states on which day or during which period it can be used;

  • The Ticket has not been blocked or withdrawn, nor by Vipper nor by another carrier;

  • The Ticket is (electronically) clearly legible, has not been edited, changed, mutilated or damaged in such a way that fraudulent use is possible, and does not deviate from the form in which it was provided by Vipper or an authorized third party.

The Passenger is required to show both the boarding pass and a valid photo identification when asked to do so by (an) employee(s) of Vipper during random ticket checks for the purpose of checking the validity of the ticket.

 

7.2 Booking and Ticket Sales

Trips may be booked online at the Vipper web portals, via the Vipper Passenger App, in partner agencies and at some airports. Ticket sales are not available on board of the vehicle. As a result, advance purchase (internet, apps, agency, …) is recommended.

7.2.1 Online ticket purchase offering

The representation of products and services on the Vipper website and/or Passenger App, both accessible via the internet, shall not constitute a legally binding offer, but rather a non-binding online catalogue which prompts potential passengers to submit offers. By clicking the “Book”/“Pay” button, a binding order for the selected goods and/or services is placed. A ticket is generated for each person and each journey. Connections with transfers (interconnections) are treated as one journey. Confirmation of receipt of the order shall be issued immediately upon submission via an automatic e-mail confirmation and/or any other digital means of communication. The contract for carriage shall not be deemed to have been concluded until Vipper 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.

7.2.2 Sales through partners and agents

Booking confirmations received by one of our partners and IATA sales agents can be validated by completing the check in procedure via our website or mobile app.

7.2.3 Online purchase availability

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, Vipper shall not assume any guarantee or responsibility for the constant, uninterrupted availability of its website, applications and technical systems. In particular, due to the technical characteristics of the internet, a permanent availability of the booking options on the internet 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).

7.2.4 Online sales and cancellations

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.

7.2.5 Staff operated sales agencies

Sales agencies, ticket outlets and the customer service department of Vipper may charge a service fee to complete a booking or cancellation. The fare categories and conditions of your tickets shall apply.

 

7.3 Cancellation or Modification of a Ticket

7.3.1 Is it possible to cancel a Booking or a Ticket?

Passengers can cancel a Booking or a Ticket. Such cancellation terminates the agreement between the Passenger and Vipper. If and insofar not expressly stipulated otherwise at the time of the Booking or the booking of a Ticket, the costs of cancellation of a Booking or Ticket will be 100% of the price (due) for the Booking or the Ticket. No refunds will be given, except for all (Passenger related) taxes imposed by governments, airports and/or other (third) parties. These taxes can be refunded at the request of the Passenger, provided that the Passenger requests Vipper to do so in writing and within three months of the date of cancellation.

7.3.2 Is it possible to change a Booking or a Ticket?

It is not allowed to change a Booking or a Ticket without the explicit permission from Vipper. Changing a Booking or Ticket also includes a name change of the Passenger. If Vipper grants permission to change a Booking or Ticket, there may be costs involved.

 

7.4 Check-in procedure

The Passenger must complete the check-in procedure prior to departure. Access to the Passenger compartment in the vehicle is only permitted with a valid boarding pass.

8.1 Right to Carriage

8.1.1 Does the Passenger obtain a right to carriage?

The Passenger has an entitlement to carriage, provided a contract of carriage has been entered into, and is entitled to a seat. The confirmation of the Booking entitles the Passenger to that specific trip and its modalities, between the start (origin) and destination indicated on the ticket. An earlier or later boarding or disembarkation is not permitted (due to legal regulations).

8.1.2 Does the Passenger obtain a right to stop the carriage at any given moment?

In case of a request for a stop, an obligation to convey only exists in the event that a trip was booked from or to this stop within the corresponding advance booking deadline. The corresponding advance booking deadlines for trips may be up to four (4) hours prior to the scheduled departure time. 

 

8.2 Carriage with multiple vehicles

Larger groups and/or families may be transported by multiple vehicles, in the event that no vehicle large enough to transport all Passengers is available. The vehicles will transport the Passengers of the larger group and/or families together.

This only applies to ground transportation and more precisely to transportation of Passengers by taxi, limousines, and/or minivans.

 

8.3  Carriage Charges

8.3.1 Fare coverage

The fare only covers the transport of persons, other services and services such as the reservation of seats and additional or special baggage will be subject to a separate charge.

8.3.2 Fares and conditions

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

8.3.3 Fares and infants

Due to the nature of the services offered, infant passengers, even those under the age of two at the time of the trip, must have their own seat. As such, during the time of booking a seat must be booked for the infant passenger. The full adult fare must be paid for infants passenger, irrespective of their actual age. For countries where such specific laws apply, a child seat will be arranged.

8.3.4 Transfer of reservations

You cannot transfer your reservation made for a trip operated by us or our partners, unless, as set out in our fare categories, you have arranged with us to change any names in the booking confirmation or itinerary and paid the appropriate name-change fee.

8.3.5 Change of reservation

Your reservation for a trip operated by Vipper is only valid after online check-in for the trips, dates, and route set out in the booking confirmation or itinerary, and cannot be used with any other carrier. However, you can change trips in line with the appropriate trip-change fees plus any price difference between the total amount you originally paid and the total amount due for the new flights.

8.3.6 Online check-in

Online check-in is mandatory to validate your ticket and is available until four (4) hours prior to the scheduled departure time. In case of a failure in this condition, we cannot guarantee an on-time departure and/or we reserve the right to cancel your trip.

8.3.7 Boarding time

Not being on time at the designated meeting point may result in losing your claim to the seat and carriage. In such cases, Vipper is entitled to assign the ticket to another person in accordance with these Terms and Conditions of Carriage. It is therefore recommended that you arrive at the meeting point indicated on your boarding pass no later than fifteen (15) minutes before departure even if you have a seat reservation.

8.3.8 Cancellation of tickets

In case of not being able to proceed with the trip, you can cancel your ticket via our customer service center until four (4) hours prior to departure. Passengers who fail to meet this condition shall be considered as a no-show and lose their rights for any refund, if applicable.

 

8.4 Increased Carriage Charges

8.4.1 What situation may lead to increased carriage charges?

Passengers shall be obliged to pay an increased carriage charge in the event that they are found to be traveling on board of a vehicle and have failed to book a seat on the journey in question, either in advance or upon boarding the vehicle.

Passengers who, upon inspection, are found to have failed to make a valid booking, shall be obliged to provide their correct personal details and to identify themselves upon request.

8.4.2 What are the specifications of the increased carriage charges?

The increased carriage charges shall amount to twice the usual fare for the distance traveled by the Passenger, but at least 90,00 EUR, plus the fare for the remaining distance to the destination traveled by the Passenger. If the Passenger is unable to verify the distance traveled, the starting point of the route is used for the calculation of the increased carriage charges.

The increased carriage charges must be paid immediately or – when such permission is granted – within two (2) weeks at the latest after receipt of the payment request in text form. Upon expiry of this deadline a processing fee of 10,00 EUR will be charged for each written request for payment, provided that the Passenger cannot prove that no, or lower, processing costs were incurred. Vipper reserves the right to take further measures pertaining to further civil and/or criminal proceedings.

9.1  What are the applicable fares?

The applicable fares are the fares published by or on behalf of Vipper or, if not published, valid on the date on which the Ticket/Booking was issued for the transport indicated on the Ticket/Booking. Any change in Itinerary, travel date or any other aspect of the Booking may affect the applicable fare payable.

 

9.2  What applies with regard to levies, taxes, and/or surcharges?

Vipper reserves the right to charge to the Passenger any (unforeseen) charges, taxes, fees, or charges levied by the government, national or additional authorities, the airport, or the Actual Carrier(s), even after receipt of the Ticket.

Should your ticket include government taxes, these taxes will be displayed in the price breakdown at the time the Booking is created. As government taxes are constantly changing, these can be introduced after the date you made your Booking. If any government tax is introduced or increased after you made your Booking, you will have to pay the new tax (or the increase of the tax) before departure. Or, you can choose not to travel and get a full refund of your booking cost. Similarly, if any such government tax is abolished so that it no longer applies to you, or is reduced, you can claim a refund of the abolished tax, or the reduction, from us.

Vipper ticket prices (direct sales via our website or mobile app) do not include any other third-party fees and charges for costs Vipper incurs to provide its services (such as airport and security charges, maintenance fees, etc.).

If you do not travel, you can apply via the sales agent in writing for a full refund of any government taxes you have paid. You must make your claim within one month after the date of the trip you did not take. Vipper can’t refund any other expenses paid nor any other expenses incurred, such as expenses linked to the creation of the Booking. This condition is exempted in case you are a no show.

 

9.3 In which currency should the fares and surcharges be paid?

To the extent permitted by applicable law, fares, taxes, fees, and surcharges must be paid in the currency of the country of your airport or the location of departure, unless Vipper specifies another currency when (or before) you make your payment. This could be the case, for example, in the event, the local currency cannot be converted.

Vipper may agree to accept payment in another currency. If payment is made in a currency other than the currency in which the fare is published in the country of payment, the exchange rate for such payment will be the purchase rate of the bank, which Vipper and/or a third party uses on its behalf on the day the Ticket/Booking is issued.

 

9.4 Value added tax (VAT)

Depending on the trip and the elements of the trip, VAT may or may not be charged in accordance with (inter-)national law. In the event VAT is applicable, Vipper will automatically send you a VAT receipt for that trip.

10.1 Is a seat reservation binding?

Seat reservations are not binding. Vipper reserves the right to deviate from a seat reservation if deemed necessary or desirable (by the Actual Carrier) for operational, safety or security reasons, even after the Passenger has entered the means of transportation.

11.1 Schedules

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.

 

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 the Passenger to assert compensation claims as long as these amendments deviate only insignificantly from the originally agreed departure and arrival times, i.e. up to a maximum of two (2) hours. Substantial schedule amendments shall entitle Passenger to withdraw from the contract of carriage free of charge. To do this, Passenger is requested to either contact Vipper customer service via the Vipper Passenger App, chat, phone or by email. The Passenger should not have commenced travel in these cases. Other Passenger rights shall remain unaffected.

 

11.2 Travel Commencement

11.2.1 Timely travel

The Passenger is recommended to reach the departure point fifteen (15) minutes prior to travel commencement.

 

Claims for carriage and the booked journey may be otherwise assigned in the event that the Passenger is not present at the scheduled departure time and place for the route booked.

 

11.2.2 Delays

If the Passenger is notified, either through the Vipper Passenger App, text, email or any other written format of delay in travel, then a claim for carriage in the event of Passenger’s absence shall only lapse with effect from the delayed travel time specified in the written message.

 

11.2.3 Claim to carriage

The Passenger’s name will be matched with the passenger manifest list that is displayed on the smartphone of the driver or the bus station staff based on the current booking situation in order to determine whether there is a claim to carriage. This is done by scanning the boarding pass of the Passenger. In special cases, the Passenger must identify him- or herself to the driver and service staff on request by submitting the printed or digital boarding pass, as well as a valid government issued photo ID, such as an national identity card, passport or similar document including a valid visa, if and where necessary.

 

 

11.3 Transfers

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

 

11.3.1 Substitute transportation or accommodation

If a transfer is scheduled, Vipper guarantees the Passenger’s continued carriage to their booked destination. Vipper offers substitute transportation if a vehicle is unable to wait for a delayed connecting vehicle in exceptional cases. In some cases, this may take the form of motor buses operated by other companies, cars or rail companies. Claims to a particular form of transport shall not be recognized. In the event the destination is a long distance away or no reasonable alternative connections are available, making it necessary to resume the journey the following day, the Passenger is offered a free accommodation in a mid-range hotel.

 

The regulation described above shall apply only in cases in which the Passenger’s bookings with Vipper feature direct connections. If the Passenger books individual routes and combines these to form a journey involving transfers, the Passenger shall bear the risk of missing a connection. Claims for substitute transportation or hotel accommodation shall not exist in these cases. However, Vipper shall make every reasonable effort to inform the Passenger of alternative connections.

 

11.3.2 Transportation executed by Vipper

Transferring to other transport services who do not have an agreement with or which aren’t operated by Vipper, cannot be guaranteed.

12.1 What rules apply for children between 0 and 3?

Small children aged between 0 and 3 years may only be conveyed in appropriate child safety seats. During the journey, these must be secured with the seatbelts located in the vehicles. The child safety seats must be secured with 2-point belts and provided by the adults accompanying the small children in question.

 

12.2 What rules apply for children and minors between 3 and 16?

Children and minors who have not yet reached the age of 16 will only be permitted to travel on all national and international scheduled services if they are accompanied by an adult. Exceptions can be made for minors aged 12 to 16 when at the time of the booking, a special request is made similar to a ‘Special Assistance’ request.

 

12.3 What rules apply for minors aged 16 and above?

Young people aged 16 and above may travel independently. In the case of international connections, parents or guardians must ensure that adolescents carry all documents and identity cards necessary for crossing the border.

 

12.4 Are there discounts available for children and minors?

Children younger than the age of 12 may travel at a reduced fare, depending on the selected travel option. If an available promotional fare is less than the reduced fare, children shall automatically pay the lower price.

13.1 Does required special assistance regarding transportation have to be reported/requested in advance?

Transportation of Passengers with Limited Mobility, people who are ill or sick or any other Passenger requiring special assistance, as well as their escorts, is only permitted with prior permission from Vipper. These circumstances or the need for special assistance, as well as the fact that a Passenger is on a special diet, needs supplemental oxygen and/or requires other special assistance on medical grounds before, during and/or after transportation, must be notified by the Passenger to Vipper and/or the Actual Carrier when booking and/or making changes to the Booking/Ticket.

 

Nevertheless, Vipper is of the opinion that everyone must be given an opportunity to travel, regardless of whether they have a disability or limited mobility. People with a disability or limited mobility will be provided assistance by Vipper, in accordance to Annex I a and b of the EU regulation 181/2011, within the carrier’s area of responsibility.

 

 

13.2 What rules apply if the required special assistance is not reported/requested?

If the Passenger fails to declare special assistance to Vipper in accordance with the stipulations adopted in article 10.1, Vipper and/or the Actual Carrier has the right to refuse to transport the Passenger. Vipper is not liable for any resulting damage(s).

 

 

13.3 What rules apply to the (air)transport of pregnant women?

If the pregnancy of the Passenger is not beyond 28 weeks, there are no restrictions regarding air transport. Vipper reserves the right to request a medical certificate regarding the duration of the pregnancy in weeks at the start of the transport. If the Passenger’s pregnancy is between the 29th and the 37th week, Vipper must agree in writing to the transport prior to the transport and the pregnant Passenger must show a doctor’s statement that sufficiently demonstrates that the pregnant Passenger is able to undergo transport and there are no medical objections to this transport. In the case of a pregnancy of twins or multiples, this period applies between the 29th and the 33rd week. From the 37th week, Vipper and/or the Actual Carrier does not transport the pregnant Passenger. In the event of a pregnancy of twins or multiples, Vipper and/or the Actual Carrier no longer transport the pregnant Passenger from the 33rd week.

 

 

13.4 What rules apply if the means of transport has to divert due to an unreported mental or physical condition of the Passenger?

If the Passenger fails to inform Vipper of a mental or physical condition, allergies, pregnancy or disability and the Actual Carrier has to divert the (means of) transport to another destination as a result of this condition, Vipper is entitled to recover the reasonable costs of the diversion and other related costs from the Passenger.

 

 

13.5 What rules apply for service animals?

Mobility assistance and guide animals (service animals) can be brought along by the Passenger at no additional charge. The Passenger must inform the Vipper customer service about their needs no less than thirty six (36) hours before departure. Passenger must be able to provide proof or a corresponding certification of the disability. Service animals are not required to wear any muzzle.

 

The carriage and transport of other animals than service animals in the long-distance vehicles is excluded in principle. In the event a Passenger wishes to travel with his pet animal, Passenger must contact the Vipper customer service.

 

 

13.6 What rules apply to stops?

Vipper has no influence over the infrastructural condition of the stops and stations visited and therefore the handicapped access for disabled persons. Therefore, Vipper cannot make any guarantee for this. The respective operator of the station is responsible for this.

 

13.7 What rules apply to a refusal of carriage?

13.7.1 What reasons may lead to a refusal of carriage?

Should the vehicle’s design or infrastructure, including bus stations, stops and airports, physically prevent the boarding, exit or carriage of the disabled person or person with limited mobility in a safe and operationally feasible manner, Vipper reserves 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 Vipper.

 

13.7.2 What level of disability allows for travel with Vipper?

The vehicle design means that carriage is currently only possible in the event that disabled persons or those with limited mobility are able to commence travel independently and without external aid. A Passenger may request accompaniment by another person of their choice who is able to provide the assistance required by the disabled person or those with limited mobility to compensate for the above restrictions. Companions of this nature are conveyed free of charge and allocated seats next to the disabled persons or those with limited mobility as far as possible.

 

13.7.3 What other rules apply to the refusal of carriage?

Any Passenger 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.

 

In the event that the carriage of a Passenger with a disability or limited mobility has an issued ticket and is checked in, and if this passenger is subsequently refused carriage, both the Passenger and the accompanying person have the following options:

 

  • 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;

  • To continue the journey on an alternative route with an acceptable substitute transport service to the destination specified in the contract of carriage.

 

13.8 What rules apply to the carriage of wheelchairs and/or walking aids?

13.8.1 Are there any (additional) costs for the transport of wheelchairs and/or walking aids?

Every Passenger with a disability or limited mobility shall be entitled to transport his/her folding wheelchair or walking aid in the vehicle’s baggage compartment free of charge.

 

13.8.2 With what specifications must the wheelchair or walking aid comply?

The wheelchair and/or walking aid must be collapsible for safety reasons and without electric drive. Furthermore, all wheelchairs needed in the Passenger cabin, regardless of the manufacture date of the attachment points for the securing devices, must have the so-called load nodes according to DIN75078-2 as well as manufacturer authorization according to DIN EN12183 or EN12184. Compliance with the standards for transportation stated above is to be confirmed via the form sent before booking.

 

In order to verify that transportation will be possible, the Passenger is requested to provide the exact model of the wheelchair or other walking aid to the Vipper customer service before booking, from 14 days and no later than 7 days (for transport in the passenger cabin) or 36 hours (for transport in the baggage compartment) before departure.

 

The Passenger guarantees that the wheelchair is functional and technically capable of being used safely during travel. The wheelchair must comply with current legal safety requirements. The transportation in a 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.

14.1 Baggage
14.1.1 What is the allowed amount of the Baggage Allowance?
Depending on the Booking, Passengers may – in addition to the Excess Baggage – take a certain amount of Baggage, free of charge. The Passenger is informed during the booking process about the amount of Free Baggage allowed and must observe this amount.

14.1.2 What is the allowed size of the Baggage?
The Baggage allowance, referred to in the article above, must adhere to a maximum size of 80x50x30 cm per Baggage item. Slightly different dimensions are permitted if the total size of the Baggage composed of height, width and length does not exceed 158 cm. Each Baggage item may weigh up to a maximum of 23 kg. Do note that some of our partners may apply other dimensions or allowed weight. Depending on the specific booking, either their or Vipper’s rules regarding Baggage will apply.

Baggage allowance for bags/items that aren’t compliant to these specifications can be booked separately (trekking backpack, golf bag, etc.). However, such registration of additional Baggage must be done in advance. A Baggage fee is charged for this service. The fee for an additional Baggage item depends on the method of booking used. The booking can either be done online during the booking process or during the check-in process. More information is available in article 14.3 ‘Special Baggage’.

14.1.3 What happens if the Baggage is overweight?
Vipper is entitled to charge a surcharge to the Passenger for the transport of Baggage above the permitted amount. Vipper and/or the Actual Carrier also have the right to refuse Baggage in such cases.

14.1.4 What are the Passenger’s responsibilities regarding Baggage?
Passengers are obliged to label their Baggage with their name and address for the purpose of the correct assignment and return, especially to avoid mix-ups.

Passengers are responsible for loading their Baggage when changing vehicles. Possible assistance from the driving personnel, at Passenger’s own risk, will only be provided in exceptional cases and does not justify any claims to the same, unless the Passenger in question is handicapped or is an individual with reduced mobility.

14.1.5 Which items are not accepted as Baggage?
Passengers are not permitted to carry items in their Baggage that are prohibited from being transported in accordance with the applicable laws and regulations in the country of departure, destination, transit or where applicable the country through which the means of transportation is flying, driving or faring, in particular:

  • Goods which, in the reasonable opinion of Vipper and/or the Actual Carrier, are not suitable to be transported due to their weight, size, shape, unpleasant odor or fragile or perishable nature, especially in view of the type of transport used;
  • Knives, stabbing weapons, aerosols which can be used as attack or defense weapons, antique weapons, replicas of weapons, swords, blades, and similar weapons. These weapons may not be transported unless explicitly approved by Vipper.

In addition to the above, the following provisions apply to air transport:

– Objects and items which, when transported by air, may endanger the aircraft or the persons and possessions on board, including those as defined in the International Civil Aviation Organization (ICAO) and the International Air Transport Association (IATA) Regulations on Hazardous Substances and the applicable Actual Carrier terms and conditions (more information on this topic is available from the Actual Carrier upon request). These items include, but are not limited to, asbestos, explosives, pressurized gases and/or aerosols, oxidizing, radioactive or magnetizing materials, highly flammable materials, toxic or irritant substances and any other matter that presents a significant risk in air transportation for health, safety or property;
– Firearms and ammunition excluding weapons intended for hunting or sport which, in order to be accepted as cargo or Checked Baggage, must be unloaded and with the safety catch on them and properly packed. Firearms transportation is subject to ICAO and IATA Regulations for the Carriage of Dangerous Goods;
– Live animals, unless Vipper has given express permission for this.

 

14.2 Hand Baggage
14.2.1 What is the allowed amount and size of Hand Baggage?
Hand Baggage is carried free of charge but is limited to one piece of Hand Baggage per Passenger with a maximum size of 55x35x25 cm and a maximum weight of 12 kg.

14.2.2 What are the responsibilities of the Passenger regarding Hand Baggage?
The Hand Baggage and all of its contents shall remain in the care of the Passenger for the entire duration of the journey and must be monitored appropriately. If any unauthorized access by third parties is observed, the vehicle driver must be informed. Passengers are requested to check their Hand Baggage for completeness prior to the end of the journey.

 

14.3 Special Baggage
14.3.1 What constitutes Special Baggage?
Baggage items that exceed the standard baggage dimensions are considered special baggage. However, the overall dimensions of special baggage items may not exceed 240 cm (height in cm + width in cm + depth in cm). A single item of special baggage may not exceed a maximum weight of 30 kg.

Fixtures, furnishings or furniture parts, electronic devices, surfboards, and cardboard cartons shall generally be excluded from the carriage. Orthopedic aids and bicycles are not regarded as special baggage. These are subject to separate conditions.

14.3.2 What rules apply to booking Special Baggage?
Special Baggage requires prior registration by the Passenger and confirmation from Vipper that its carriage is possible. No general claim to the carriage of Special Baggage shall exist. The registration of the Special Baggage, to happen in advance, must be done either via the Vipper Passenger App or through the Vipper customer service to be contacted by telephone, chat or email, at the earliest 48 hours before departure.

If Special Baggage is transported, an additional Baggage fee per item will be charged. The fee for a Special Baggage is regardless of the length and ticket price of the route booked. The transportation of Special Baggage, in contrast to normal Baggage, is always subject to charge.

As a general rule, Special Baggage shall be limited to one (1) item per Passenger. Exceptions are possible, to be booked through the Vipper customer service at an additional cost.

14.3.3 Specific categories of Special Baggage
14.3.3.1 Musical Instruments
Musical instruments are regarded as Special Baggage. If the instrument in question (including the case) is smaller than the stipulated size of Hand Baggage, it may be conveyed free of charge in place of Hand Baggage. If the instrument in question (including the case) is larger than the stipulated size of Hand Baggage, it must be conveyed in the Baggage compartment. In this case, an additional fee will be charged (Special Baggage fee). Musical instruments and their cases whose measurements exceed 135x48x35 cm will not be conveyed.

The carriage of musical instruments in hardshell cases is recommended.

14.3.3.2 Valuable items and electronic equipment
Valuable items, such as cash, jewelry, precious metals, keys, glasses, electronic devices (laptops, tablets, smartphones, cameras, power banks, batteries, etc.), e-cigarettes, electronic consumer goods affected by a recall action by the manufacturer or dealership, contact lenses, prostheses, medication, important documents (diploma certificates, certificates in general, credentials, passports, driver’s licenses, securities, etc.) and fragile objects must be conveyed in Hand Baggage, not normal Baggage, and are subject to the due diligence of the Passenger.

Should a Passenger nonetheless choose to place valuable items in their normal Baggage, no liability claims shall be accepted. Cases of intent or gross negligence shall be exempted from the above. This category of Special Baggage is when the carriage is performed as Hand Baggage, not subjected to additional Special Baggage fees.

14.3.3.3 Buggies
Buggies shall be conveyed as Special Baggage (with a maximum of one (1) buggy per Passenger). Buggies must be collapsible. Non-collapsible buggies shall not be conveyed. Registration must be made through the Vipper Passenger App or via the Vipper customer service by telephone, chat or email 48 hours prior to travel commencement at the earliest.

Buggies are conveyed free of charge.

14.3.3.4 Bicycles
Bicycles are conveyed on some routes. The bicycles must be of a standard size without attachments and may not exceed a weight of 20 kg. E-bikes, speed pedelecs, tandems, and/or tricycles are not conveyed.

We recommend that all Passengers who wish to take a bicycle, book the journey as well as the bicycle spaces well in advance.

The carriage of bicycles is dependent upon the available capacity per vehicle. There shall be no general claim to the carriage of bicycles.

Transporting bicycles is subject to an additional bicycle fee, the fee for transporting bicycles is regardless of the length and ticket price of the route booked. Bicycles will be transported on bicycle carriers. In special cases, carriage is only possible in suitable bags in the baggage compartment (e.g., folding bike). The overall dimensions of the bicycle bag cannot exceed 240 cm (height + width + depth) and may not weigh more than 20 kg. If the size or weight exceeds the abovementioned limits, passengers must contact the Vipper customer service.

14.3.3.5 E-scooters
E-scooters are considered Special Baggage, which means they are subject to the size and weight restrictions of a Special Baggage and are carried in the baggage compartment for an additional fee. For transportation, the e-scooter must be folded up and packed in a suitable bag.

 

14.4 Baggage and insurance
Items forgotten or left behind in the vehicle are not covered by insurance. In the event that Passengers have left items in the vehicle, they should contact the Vipper customer service.

 

14.5 Claims and complaints regarding Baggage
In the event of damage to Baggage (other than damage as a result of delay), a claim is only admissible if the person who is entitled to delivery of the Baggage files a complaint with Vipper within seven days of receipt of the Baggage. With regard to damage as a result of delay of the Baggage, a claim is only admissible if the person who is entitled to delivery of the Baggage submits a complaint to Vipper no later than 21 days from the day on which the Baggage was made available.

In case of loss of Baggage, Vipper must be notified within 12 hours after the transport has ended. Notifications submitted later are inadmissible and will not be processed.

The receipt of Baggage without any comment and/or complaint being made/submitted constitutes proof that the Baggage has been delivered and accepted in good condition. This stipulation applies unless the Passenger can provide contrary evidence.

Every complaint must be submitted in writing to Vipper immediately after discovery and at the latest within the aforementioned periods.

15.1 How and when does the Passenger get notified?
If there is a cancellation or delay, Vipper or the station operator will notify the Passengers departing from a staffed terminal of the situation as quickly as possible, and at the latest 30 minutes after the scheduled departure time and inform them of the anticipated departure time as soon as this information becomes available. Vipper shall offer all Passengers, particularly those departing from non-staffed stations, electronic information regarding cancellations or delays. In order to receive this information, Passengers must provide the required contact data (e.g. phone number) via our Vipper Passenger App and/or the Vipper website.

 

15.2 What options does the Passenger have?
Should it be reasonable to assume that the departure of the booked trip must be cancelled, or will be delayed by more than 120 minutes or in the event of overbooking, passengers have the following options:

  • 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
  • to request reimbursement of the fare and the free return trip with the vehicle to the place of departure stipulated in the contract of carriage as applicable.

Claims for reimbursement of the full, paid fare shall exist both for the parts of the journey completed as well as for those not completed if the Passenger is not able to complete the journey in accordance with his/her original travel plans. 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.

 

15.3 Does Vipper provide accommodation and/or continuation of the transport?
Vipper shall offer Passengers free accommodation in a hotel or other form of lodging, as well as help them to organize transport between the departure station and place of accommodation, this applies in the event that a stay of one night or more is required as a result of the journey’s cancellation or delay from a departure station exceeding 90 minutes in the case of journeys with a scheduled length of more than three hours. In such cases, Vipper shall offer Passengers snacks, meals or refreshments proportionate to the waiting period or delay, provided that these are available on the vehicles or at the departure station or can be procured in a reasonable manner. Vipper shall limit the overall cost of the accommodation, excluding the carriage costs between the departure station and lodgings, to 80,00 EUR per night per Passenger and to a maximum of two nights. The above-mentioned claim to free accommodation in a hotel or other form of lodging shall not apply if Vipper is able to prove that the cancellation or delay was caused by adverse weather conditions or severe natural catastrophes which compromise the safe operation of the scheduled service.

In the event that the vehicle becomes unserviceable during the journey, Vipper shall offer Passengers continued carriage with a substitute vehicle or carriage to a suitable waiting point from whence the journey can be continued.

 

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

16.1 General Passenger Obligations
The following conditions apply and resulting obligations must always be respected by every Passenger:

  • Instructions issued by driving and accompanying personnel must be obeyed.
  • Driving and dispatch personnel are authorized to exclude persons from travel if they are obviously intoxicated or under the influence of drugs. The same shall apply to a Passenger who compromises the safety of his/her following passengers for other reasons or significantly impair the wellbeing of the latter. Claims to substitute transportation shall not exist in these cases.
  • Smoking on board of the vehicle is not permitted. This prohibition also extends to e-cigarettes and similar devices.
  • The Passenger shall be liable for any damages caused on, in or to the vehicle in a culpable manner.
  • The Passenger who causes soiling in the vehicle, either intentionally or as the result of gross negligence, shall be obliged to reimburse Vipper for the entire cleaning costs or a fixed fee of 100,00 EUR (whichever is the highest), provided that the Passenger shall be entitled to provide evidence that no damage was caused or that the said damage was considerably less than the aforementioned amounts.
  • Carriers may cancel the contract of carriage without notice in the event that despite the (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 and/or health guidelines). In this case, the carrier is entitled to retain the fare.
  • Each Passenger shall be obliged to use the seatbelts in accordance with statutory regulations, insofar as the vehicle is equipped with such safety features.
  • During breaks/stops or police checks, each Passenger has to leave the bus if requested to do so by driving and/or service personnel. Each Passenger is required to follow the break duration given by driving and/or service personnel during said breaks. Driving personnel are authorized to continue driving should a Passenger not return to the bus after the indicated break time is over. Likewise, the driving personnel will not be responsible for the absence of a Passenger after the indicated break time is over.

16.2 Specific Passenger Obligations on International Routes
The following conditions apply and resulting obligations must always be respected by every Passenger on international routes:

  • 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. Vipper is not liable for any consequences due to failure to comply with such laws, regulations, even if these are changed after booking.
  • 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 desires transportation. The general rule is as follows: an ID card for citizens of the European Union, Norway, and Iceland; a Passport for citizens of all other nationalities.
  • It is recommended to check the entry and travel requirements of the destination country/transit countries by contacting the proper embassies or consulates and to browse the Europa.eu website at http://europa.eu/youreurope/citizens/travel/entry-exit/index_en.htm.
  • Vipper is not liable for any consequences if a Passenger fails to obtain the necessary documents and identity papers.
  • Prior to each departure, the Passenger traveling from or to an international destination is required to produce on request by the driving and service personnel an acceptable form of government-issued identification which incorporates at the minimum the Passenger’s full name and photograph (identity card, passport or similar including a valid visa, if necessary). Driving and service personnel shall check that the information on the boarding pass is identical to the form of identification (identity card/passport) provided by the Passenger.
  • Vipper reserves the right to refuse to board:
    – If a Passenger does not have in his/her possession any document or identity paper with his/ her full name and photograph on it;
    – If a Passenger provides a document or identity paper whose information does not correspond to the information on the ticket.
  • Vipper is under no obligation to reimburse the ticket in full or in part or to make any form of compensation.
  • Checked baggage shall remain unlocked to accelerate customs clearance processes.
  • Passenger shall be obliged to only carry goods with him/her which are exempt from customs duties in nature and quantity.

17.1 General
17.1.1 Negligence, fault and/or intent
17.1.1.1 By Vipper

In the event of slight negligence, liability shall only be assumed – except in the case of injury to life, limb, or health – if essential contractual obligations are violated. Unlimited liability for intent and gross negligence will apply.

Liability for collateral damage shall be excluded in cases of ordinary negligence. This shall not apply in cases of intentional or negligent injury to body, life, and health.

17.1.1.2 By the Passenger
If Vipper proves that the fault or negligence of the Passenger, the person claiming compensation, the person he/she represents or the person from whom he/she derives his/her rights has caused or contributed to the damage, Vipper is fully or partially released from this liability insofar as that fault or negligence caused or contributed to the damage.

17.1.2 Damage or loss of Baggage
The liability of Vipper for damage caused by total or partial loss or damage to the Baggage is regulated by the liability regime applicable to the relevant part for every part of the transport where the loss or damage to the Baggage has occurred (see below).

In the event and in accordance with the applicable liability regime, Vipper is to be considered liable for damage to or loss of Baggage, the liability and level of compensation are limited as follows:

  • In the case of damage to Baggage items resulting from an accident involving the vehicle, or loss of Baggage items resulting from the same, the level of compensation per damage claim per Passenger and Baggage item shall be limited to 1.200,00 EUR.
  • Liability shall be excluded in cases where the loss of Baggage items was unconnected to an accident involving the vehicle, in addition to the mix-up or theft of the same, except in cases of intent and gross negligence.
  • Liability for damage or further damage resulting from Passengers’ failure to pack the Baggage items in an appropriate manner shall be excluded, except in cases of intent and/or gross negligence.
  • Compensation in the event of damage to wheelchairs and other mobility equipment or assistive devices shall always equate, at a minimum, to the replacement value or the cost of repair of the lost or damaged equipment. In the process, all efforts will be made to procure at least a temporary replacement of the same, which corresponds to the technical and functional features of the lost or damaged wheelchair or other mobility equipment.
  • The amount of compensation for all other property damage, which is neither accidental damage to Baggage nor damage to wheelchairs or other mobility aids or assistive devices, shall be limited to 1.000,00 EUR, pursuant to the Dutch Public Transport Act unless the property damage is based upon intent and/or gross negligence.
  • The limitations and exclusions of liability shall not apply to a mandatory statutory liability without fault or if a no-fault warranty has been assumed in individual cases.

17.1.3 Which liability regime applies to damage caused by delay of the Passenger or the Baggage?
Insofar as not contrary to mandatory provisions, Vipper is not liable for any damage caused by any delays caused by the Passenger or Baggage, before, during or after transport or caused by any deviation from the timetable.

17.1.4 Which liability regime is applicable in the event of death or injury to the Passenger?
The liability of Vipper for damage caused by death or injury of the Passenger as a result of an accident that happened to Passenger in connection with and during transport is regulated by the liability regime for each part of the transport where the accident occurred as stipulated in the articles below in these Terms and Conditions of Carriage.

In the event and in accordance with the applicable liability regime, Vipper is to be considered liable for the death or injury to the Passenger, the level of compensation shall be limited to 220.000,00 EUR per Passenger, provided that the level of compensation within the scope of application of the Dutch Road Traffic Act 1994 shall remain expressly reserved.

17.1.5 Is Vipper liable for damage due to death or injury that has not occurred on board of a means of transport?
Vipper is not liable for damage caused by death or injury to the Passenger that has arisen outside the period that the Passenger is boarding, on board of or disembarking from the means of transport. Nor is Vipper liable for any damage caused by a total or partial loss of or damage to the Baggage that has arisen outside the period that it is loaded on, on board of or unloaded from the means of transport or when it is under the care of the Actual Carrier.

 

17.2 Air transport liability
17.2.1 Which liability regime applies to air transport?
The liability of Vipper for (outsourced) air transport is subject to the liability rules laid down in the Montreal Convention of 28 May 1999 and the Council Regulation No. 2027/97/EC of 9 October 1997 on air carrier liability in the event of accidents involving the carriage of passengers and their Baggage, as amended by Regulation No. 889/2002/EC of the European Parliament and of the Council of 14 May 2002.

Insofar as the following provisions do not conflict with the other provisions of these Terms and Conditions of Carriage and without prejudice to the applicability of the Convention:

  • Vipper is not liable for amounts higher than the amount of the demonstrated direct damage, nor for any consequential damage or another form of non-compensable damage.
  • Vipper is not liable for damage resulting from compliance by Actual Carrier with the provisions of laws or regulations (laws, regulations, decisions, requirements, and instructions) or for non-compliance by the Passenger.
  • Vipper is not liable for any damage in the following circumstances: if a Passenger is transported whose age or mental or physical condition is such that it may pose a threat or risk to himself/herself. Vipper and/or the Actual Carrier are not liable for personal injury such as illness, injury, invalidity, death, or an aggravation of such illness, injury, or disability provided that such damage to the Passenger is the result of such a condition.

Vipper reserves all rights of recovery and subrogation against third parties.

Specific rights of the Passenger for this transport mode are adopted within the European Regulation (EU) no. 261/2004.

 

17.3 Rail transport liability
17.3.1 Which liability regime applies to rail transport?
The liability of Vipper for (outsourced) rail transport is regulated in national and international regulations, namely in Book 8 of the Dutch Civil Code and in the COTIF_CIV, respectively. In addition, these regulations contain provisions regarding the maximum liability of Vipper, for example, in the event of loss of Baggage, injury, or death. For the kinds of damage that are explicitly mentioned in the European Regulations on the rights and obligations of rail passengers (1371/2007), Vipper is only liable if and insofar as this is mandatory under this Regulation. Regarding liability for all other kinds of damage, the liability of Vipper is excluded to the extent permitted by law.

Specific rights of the Passenger for this transport mode are adopted within the European Regulation (EC) no. 1371/2007.

 

17.4 Road transport liability
17.4.1 Which liability regime applies to road transport?
The liability of Vipper for (outsourced) road transport, both nationally and internationally, is regulated in Book 8 of the Dutch Civil Code. These regulations contain provisions regarding the maximum liability of Vipper, for example in the event of loss of Baggage, injury or death. For the kinds of damage that explicitly mentioned in the European Regulation (EU) no. 181/2001 on the rights of bus and coach passengers and amending Regulation (EC) 2006/2004, Vipper is only liable if and insofar as this is mandatory under this Regulation. Regarding liability for all other kinds of damage, the liability of Vipper is excluded to the extent permitted by law.

Specific rights of the Passenger for this transport mode are adopted within the European Regulation (EU) no. 181/2001.

 

17.5 Water transport liability
17.5.1 Which liability regime applies to transport by water, for example transport by ferry?
The liability of Vipper for (outsourced) water transport is regulated in national law (Book 8 of the Dutch Civil Code) and international regulations. These regulations contain provisions regarding the maximum liability of Vipper, for example in the event of loss of Baggage, injury or death. For the kinds of damage that explicitly mentioned in the European Regulation (EC) 329/2009 of 23 April 2009 on the liability of carriers of passengers by sea in the event of accidents as well as the 2002 Protocol to the Athens Convention on the carriage of passengers and their luggage by sea from 1974, Vipper is only liable if and insofar as this is mandatory under this Regulation. Regarding liability for all other kinds of damage, the liability of Vipper is excluded to the extent permitted by law.

Specific rights of the Passenger for this transport mode are adopted within the European Regulation (EU) no. 1177/2010.

 

17.6 Multimodal Transport liability
17.6.1 Which liability regime applies to Multimodal Transport?
The liability of Vipper for (outsourced) Multimodal Transport is regulated in Book 8 of the Dutch Civil Code. This Regulation stipulates that the liability of Vipper is regulated by the liability regime that applies in accordance with these Terms and Conditions of Carriage to that part of the transport where the accident and/or the (partial) loss or damage of the Baggage has occurred. Regarding liability for all other kinds of damage, the liability of Vipper is excluded to the extent permitted by law.

18.1 Method of contact
If we need to contact you, we will do so by sending messages through the Vipper Passenger App, using the email address you gave us when you made the booking, and occasionally by text message to the mobile number you gave us. Evidence that we sent the email or message will be considered to be evidence that you received it.

 

18.2 Contact in the absence of an email address
If you have not given us a valid email address, you should check your outbound trip and return trip timings thorough the online portal facility or by contacting our Customer Service department via live chat or email between 24 hours and 72 hours before the scheduled departure time.

 

18.3 Claims or complaints
If a situation would occur for which you wish to contact Vipper as to make a claim or a complaint, you can reach out to us either by physical post or by email. Regarding such claims or complaints, please note that unless we tell you otherwise, any document you send us should be a copy and not the original, as we will not keep or return any documents provided to us.

Unless otherwise provided by mandatory law, treaty or regulation, any legal claim for damages arising from or related to the Booking, the Ticket, the agreement and/or these Conditions will lapse after a period of one year, which period commences with the commencement of the day following the day the carriage for the Passenger has ended.

19.1 Modifications of the Terms and Conditions of Carriage
These Terms and Conditions of Carriage can be changed by Vipper. Changes to the Terms and Conditions of Carriage, as well as the effective date of these changes, will be announced on the Vipper website at least one month before the changes take effect. If Vipper has an urgent interest in changing these Terms and Conditions of Carriage, it can use a shorter notice period than one month. Changes to these Terms and Conditions of Carriage apply to all new and existing agreements but have no retroactive effect.

 

19.2 Can Vipper transfer the agreement with the Passenger to a third party?
Vipper can transfer the agreement with the Passenger, as well as the rights and obligations arising from Vipper to a third party. If this is the case, Vipper or the third party will inform the Passenger.

 

19.3 Which court has jurisdiction to hear a legal claim and/or dispute?
Subject to jurisdiction(s) authorized under treaties and/or international law, all disputes and/or legal claims arising out of or related to these Terms and Conditions of Carriage or the agreement(s) between Vipper and the Passenger will be settled exclusively by the courts of Amsterdam, The Netherlands.

This also applies to claims under EU Regulation 261/2004:

  • In relation to claims from non-consumers;
  • In relation to claims where Passenger has not complied with the stipulations within these Terms and Conditions of Carriage regarding ‘Passenger Rights in the event of Delays or Cancellation’.

 

19.4 What law is applicable?
Except stipulated otherwise by applicable law and regulations, the Booking, the Ticket, the Agreement and these Terms and Conditions of Carriage, shall be governed by and interpreted in accordance with the laws of The Netherlands.