The Taxi Service Transport Rules are drawn up in compliance with Act no. 56/2012 Coll. on Road Transport, as amended, Act No. 8/2009 Coll. on Road Traffic as amended and Act no. 40/1964 Coll. of the Civil Code as amended
The Taxi Service Transport Rules regulate the conditions for carrying out taxi services by natural and legal persons as well as the conditions for concluding a transport contract for the transport of persons by taxi.
The Transport Rules come into force on the day of its publication on the Carrier’s website www.odvezma.eu and on the day of its release at the registered office of the company. Once published, its contents form part of any contract on the transport of persons by taxi, where the rights and obligations of the parties to the transport contract are regulated.
Upon the date of its publication, the content of the Transport Rules forms part of the proposal for the conclusion of a passenger transport contract.
In order to satisfy the transport needs of persons, a taxi service is performed as an irregular individual transport of passengers who are transported to the agreed destination by a carrier for the specified fare under a transport contract that shall be concluded with the taxi service prior to the transport of persons.
Only a legal or natural person (hereinafter referred to as the “Carrier”) who holds a license for the performance of a taxi service and complies with the conditions of the certificate of professional competence as well as with the conditions of the Transport Rules shall be authorized to conduct business in a taxi service.
The Carrier may operate a taxi only after demonstrating professional competence issued by the Slovak Trade Union – Regional Council (Slovenský živnostenský zväz – Krajské zastupiteľstvo /SŽZ-KZ/) of the relevant region.
If the taxi entrepreneur is a legal entity, such entity is obliged to appoint a responsible representative who meets the professional competence and special conditions for operating a taxi service. This competence is issued by the competent authority of the Regional Office for Transport and Road Management (Krajský úrad pre dopravu a cestné hospodárstvo).
General Obligations of the Carrier
The taxi service provider in accordance with the Transport Rules shall ensure that:
- insurance against liability for damage caused by the operation of taxi vehicles and by the activity of taxi personnel in relation to transported passengers and goods or third parties is provided.
- each taxi vehicle has a taxi business license, Transport Rules and all the documents authorizing the use of the vehicle as a transport vehicle.
- when transporting by taxi car, the driver is obliged to observe the rules of the road traffic according to Act No. 8/2009 Coll. on Road Traffic as amended and Act no. 40/1964 Coll.
Special Obligations of the Carrier
- To ensure the publication and availability of the Transport Rules.
- To transport passengers under the valid taxi service price list and to provide the passenger with a receipt as a proof of payment for the taxi service performed on its request.
- To take care of the safety, comfort and untroubled journey of passengers and their luggage.
- If the terms of the Transport Rules are fulfilled and the reasons that cannot be averted do not prevent it, the Carrier is obliged to provide taxi service (hereinafter referred to as the “transport obligation”).
- The Carrier may only entrust taxi services to an authorized person who has:
- license to drive a private motor vehicle,
- valid concession for personal taxi service,
- completed compulsory medical examination for professional drivers and regular training in compliance with Act No. 56/2012 Coll. on Road Transport
- When providing a taxi service, the driver is obliged to keep the following documents in his taxi vehicle:
- proof of roadworthiness and emission control or vehicle registration certificate,
- proof of payment of the last due statutory premium,
- proof of payment of annual circulation tax (Road tax),
- a certified copy of the valid concession,
- travel receipt forms,
- identity card.
- For the provision of the taxi service, only closed passenger motor vehicles may be used that:
- are eligible for operation according to technical inspection and emission control,
- has at least four doors,
- is a minimum of four and a maximum of ten seat, including the driver’s seat,
- is equipped with a hand fire extinguisher and a tow rope in compliance with the law.
Provision of Taxi Services
- The Carrier may offer taxi services for passengers at the designated stand or via ordering service, whereby the driver may conclude a transport contract with the Passenger anywhere. Preferably, the Carrier or driver may prefer to conclude the transport contract with the Passenger or customer who ordered the taxi service through taxi dispatching office in advance, once or repeatedly.
- The Carrier shall fulfil its transport and operational obligation if the conditions of the Transport Rules are met.
- When providing transport services, the driver shall use the shortest route to the desired destination, taking into account the traffic situation.
Following the conclusion of the transport contract with the Passenger, another passenger may be taken for transport on the same route only with the consent of the Passenger who has concluded the transport contract.
During transport, the driver and passengers are not allowed to smoke or drink alcohol in the taxi car. Neither they are allowed to handle a hand luggage, newspapers, maps or other objects in the front seat that could obstruct driver’s view to drive his taxi car.
Passenger’s hand luggage may also be carried in the passenger compartment.
Travel luggage, wheelchairs, crutches, sticks, baby carriages, birdcages, packages, skis, sleds and other objects that could become dangerous for the driver or passenger in case of an accident or abrupt movement of the passenger car may only be carried in luggage compartment or on a roof rack.
All the luggage and other objects are loaded and unloaded, placed or fixed by the taxi driver.
According to the proof of roadworthiness and emission control or vehicle registration certificate, only the number of passengers corresponding to the number of seats can be taken into a taxi car.
Only a passenger who complies with all the traffic regulations and traffic safety may be seated in the front seat next to the driver. A person less than 12 years of age and less than 150 cm tall must not be seated in the front seat next to the driver.
Upon request, the taxi driver is obliged to provide the Passenger with a receipt, which includes in particular: date of travel, departure and destination of the transport, paid fare, signature of the taxi driver who provided the transport.
Refusal to Transport Passengers
- The taxi driver ready for transport may refuse to transport passengers if:
- the itinerary or the destination proposed by the Passenger or the behaviour of the Passenger itself raises the driver’s concern for his safety or health or suspects that the Passenger is not in possession of the relevant valid documents for transport abroad,
- the Passenger is clearly under the influence of alcohol or other addictive substances, there is a risk of contamination or damage to the taxi car, or a risk of harassment of the driver during transport,
- the Passenger behaves aggressively or is armed or otherwise raises concerns about the driver’s safety,
- the Passenger has luggage which, by its size, number, the level of danger to people, is not suitable for transport by car, or which could damage or contaminate the passenger car of the taxi service,
- the Passenger intends to transport animals which, because of their size, aggressiveness, abundance or equipment, are not suitable for transport by car.
- As a matter of principle, ownership of the thing is not lost by the loss of the thing.
- When finding the Passenger’s lost thing in a taxi car, the taxi driver is obliged to hand found thing over to the owner.
- If the founder did not hand over the found thing to the owner or the relevant state body, it would be considered as an unjust enrichment under Section 451 et seq. of the Civil Code.
Passenger Transport Contract
- The contractual relationship between the taxi service and the Passenger shall be established at the conclusion of a passenger transport contract pursuant to Sections 760 to 764 of the Civil Code (hereinafter referred to as the “Transport Contract”).
- The Transport Contract in taxi service shall be concluded at the initiative of the Passenger, who undoubtedly wishes to conclude the Transport Contract and
- the decisive moment for entering into the contractual relationship will be the boarding of the Passenger into the passenger car of the taxi service with the intention of using the taxi service.
- The taxi driver is obliged to issue a receipt to the Passenger about the performed transport.
- By concluding the Transport Contract, the taxi service is obliged to transport the Passenger properly and in time to the destination according to the contractual conditions and Transport Rules.
- The taxi driver may refuse to conclude the Transport Contract and provide the transport according to the conditions of Art. XI of the Transport Rules.
- Providing the taxi service on the basis of the concluded Transport Contract and the Transport Rules, the Passenger is obliged to pay the specified fare under the terms of the taxi service price list.
- Unjustified refusal to pay the fare is enforceable by court.
Withdrawal from the Passenger Transport Contract
- The Carrier may withdraw from the concluded Transport Contract if the terms of such contract or the provisions of the Transport Rules are not met by customers.
- The taxi driver may withdraw from any concluded Transport Contract if the Passenger endangers his safety, pollutes the interior of the vehicle, unreasonably changes the route and destination or otherwise raises concerns of the driver about his safety.
- The Passenger or customer may withdraw from the concluded Transport Contract if the Carrier or taxi driver has violated the contractual terms or Transport Rules.
- The Carrier is responsible for breach of taxi service obligation to transport the Passenger properly and on time according to the Transport Rules and Section 763 (2) of the Civil Code.
- In the event of unjustified delay or failure to provide the transport service due to the fault of the Carrier or the taxi driver, the Carrier is obliged to compensate the Passenger for the damage suffered,
- damages for delay can be dealt with by a discount on the paid taxi fare,
- compensation of damage for non-performance of transport services can be solved by payment of the fare according to the price list of the taxi service,
- the Carrier shall be released from its liability if it proves that it could not have prevented the damage, even after a great deal of effort that may be required of the Carrier.
- When providing the transport services, the Carrier is liable for damage incurred to the Passenger on health, luggage and personal belongings according to the provisions of Act no. 40/1964 Coll. Of the Civil Code, as amended (Sections 427 to 431).
- In case of an unforeseen event /traffic lane, road obstruction, change of commanded direction by the police, etc./ that prevents the taxi driver from reaching the desired destination in time and causes that the customer fails to continue his journey, the Carrier is not liable for any damage incurred by the customer.
- Damage arising from transportation by taxi service and complaints about the performance of the taxi driver shall be settled by the Carrier on the basis of written notification (submission) of the Passenger.
- In the event that no agreement has been reached on the handling of the complaint or claiming damages between the Passenger and the Carrier, the matter in question may be dealt with in the relevant district court.
- The Passenger shall exercise the right to compensation from the Carrier without undue delay but no later than the fifteenth day after the day on which the damage occurred, or within 30 days, when the injured person becomes aware of the damage and the person who is responsible for it.
- According to the taxi service, the event of emergency (hereinafter referred to as “Emergency”) is:
- car accident,
- vehicle on fire,
- accident or sudden illness of the Passenger or other person.
- In the event of emergency, the taxi driver is obliged to:
- stop the vehicle immediately,
- take the necessary measures to rescue passengers and property at risk of an emergency,
- provide the necessary first aid to the injured person according to his abilities and possibilities and to call for medical assistance immediately,
- take appropriate measures in order to ensure that road safety is not compromised and can be restored.
- In the event of an emergency, if there was a personal injury or death, damage to a road or a public utility facility, or there was a leak of hazardous substances, or material damage caused that ten times exceeds the minimum monthly wage of an employee, the taxi driver shall:
- report the emergency immediately to the state police authorities,
- refrain from any actions that would prejudice the investigation of the emergency,
- stay in place until the arrival of the state police authorities, or return to this place without delay after the assistance has been granted or summoned, or after the emergency has been reported.
- In the event of damage suffered by the Passenger during the emergency, the Carrier and the Passenger shall, within their responsibilities, take actions in accordance with the Transport Rules.
These Transport Rules are part of the Passenger Transport Contract, where the Carrier and passengers have the right in a written agreement to regulate the rights and obligations differently than those provided for in the Transport Rules.
By concluding the Transport Contract, the Passenger declares that the Carrier has informed him of the rights and obligations arising from the Transport Contract as well as of the rights and obligations arising from the Transport Rules.
The Carrier reserves the right to change or cancel the Transport Rules and is obliged to inform passengers without undue delay of the changes in the form of a notification at the Carrier’s points of sale or Carrier’s website: https://www.odvezma.eu, indicating the effective date of changes taken. The Transport Rules shall take effect no earlier than 15 days after the date of release of such notification. In case of disagreement with the change of the Transport Rules, the Passenger is obliged to announce his disagreement in writing and no later than 30 days from the day of validity of the new Transport Rules. Unless otherwise agreed, the Carrier and the Passenger shall have the right to terminate their obligations and to settle their mutual claims. If the Passenger fails to notify the Carrier of his disagreement with the change of the Transport Rules within the aformentioned period, this will mean that the Passenger agrees with the change, accepts the offer of the Carrier and, from the effective date of the change, is subject to the new Transport Rules.
The scope of these Transport Rules or part thereof may be excluded only by written agreement of the Passenger and the Carrier.
These Transport Rules were published on 5th of February, 2018