December 2008

TERMS AND CONDITIONS of ABBA Transfers

Abba Transfers is a trading branch of JD Services GmbH, CH-6343 Rotkreuz, called Abba in these terms.

1. The Lead Passenger

This is the person who placed the booking and takes responsibility for the booking and accepts all of the following terms and conditions for and on behalf of each member of the party. Please read these Terms & Conditions carefully before booking our services. Your use of this site is conditioned by your acceptance of the following terms and conditions whether booking by phone, email or on-line. If you do not agree with any part of the following terms and conditions you must not use this site.

2. Bookings (including last minute bookings)

You can place a booking on-line. Payment by credit or debit card is possible at the time of booking. Where bookings are made by telephone, the Lead Passenger accepts Abba’s Terms & Conditions. Once the booking arrangements have been confirmed a written confirmation of the booking will then be sent by email or fax (if requested) to the Lead Passenger who placed the booking. If you are making a booking within 2 days of the date of travel, your booking is NOT guaranteed until you receive an email from Abba confirming your booking. Abba may ask you an online payment of part or all the amount of your booking. This payment is strictly non-refundable within 7 days prior to travel, except in circumstances that are beyond Abba’s control, where the booking has to be cancelled by Abba. The Lead Passenger who placed the booking, in doing so, agrees to act as an agent and accepts all of the terms and conditions on behalf of each member of the party. Abba are organisers of transfers and book the services provided by other approved transfer providers. Each Transfer Provider has their own Terms & Conditions, these are available on request.

3. Last-Minute Bookings (additional information)

If you are making a booking within 2 days of the date of travel, your booking is NOT guaranteed until you receive a second email or fax from Abba confirming your booking. (1 email is automatically generated by the online system, this is valid for bookings made 7 days in advance). Last-minute & telephone bookings will incur a 10 € supplement.

4. Additional Booking & Price Information

All basic prices are based on pick-ups within daytime hours. Pick-ups out of these hours or on peak days may incur a supplement, this will appear as Extras & supplements on the booking confirmation with a request to the Lead Passenger to accept this extra charges.. All pick-ups and drop-offs at Geneva airport will be automatically serviced from the SWISS side, unless otherwise requested by The Lead Passenger at the time of booking. All Pick-ups and drop-offs for the FRENCH side of Geneva airport will be subject to a supplement. All prices are subject to change at anytime without notice. The Lead Passenger in accepting Abba’s Terms and conditions agrees to pay for any reasonable additional costs incurred for supplements, waiting time and excess luggage.

5. Ticketing

The booking confirmation sent to The Lead Passenger by email or fax is your ticket. The Lead Passenger must print out this email as proof of purchase. The printed ticket must be shown to the transfer driver on arrival and on the return journey.

6. Missed or Delayed Flights

Due to a missed or delayed flight, which causes you to be late for your scheduled transfer, there will be a cost of 60€ per to be paid in cash direct to the driver before the vehicle’s departure. This fee starts from 1 hour delay (1 hour waiting included in transfer price), and claimed in 15 min amounts. (15 min = 15€). Abba will not be held responsible for any extra costs incurred for any additional transfers to your chosen resort due to delayed flights. Please check your personal travel insurance for delayed flights. If you know in advance that your flight will be delayed please phone Abba immediately and we will endeavour to do our utmost to locate a suitable transfer for you and your party ASAP, although this cannot be guaranteed. If we cannot find an alternative transfer for you within a reasonable amount of time then you can choose to arrange a taxi yourself from the airport. Make sure that you request a written receipt from the taxi driver for your own insurance purposes.

7. Cancelled Flights

If the flight is cancelled for any reason, this comes under the heading of ’ Events beyond our control’. Abba will not pay compensation for any events beyond our control. Please check your personal travel insurance for cancelled flights.

8. Events within our control

If Abba fail for any reason within our control to transfer you from your pre-arranged pick-up to your pre-arranged destination and you are forced to seek an alternative taxi transfer, any reimbursement made shall be no more than the cost of getting from the pick-up point to the drop-off point by taxi. Make sure that you request a written receipt from the taxi driver & proof of payment for insurance purposes.

9. Events beyond our control – Force Majeure

Abba endeavours to carry its passengers safely and comfortably to their chosen destination with as little inconvenience as possible. However, Abba will not pay compensation for any events beyond our control which include: War, civil disturbances, terrorist activity, vandalism, industrial disputes, technical problems with transport, closed or congested airports, natural or nuclear disasters, fire, severe weather conditions, strikes, accidents causing delays to your transport, compliance with police requests, unforeseen traffic delays, problems caused by other customers, other circumstances affecting passenger safety and any other similar event. Abba will only be liable for any reasonable losses arising directly out of a breach of contract, in such cases Abba’s liability shall be limited to CHF 300 per passenger, this excludes loss or damage of luggage and personal possessions. If any luggage or personal possessions are lost or damaged, where Abba were found to be liable, the maximum amount we will pay is CHF 100 per person affected. The Lead Passenger and other party members are advised to check their own travel insurance. We then request that you transfer your rights to us so that, if necessary, we can claim back from our providers any payments we make to you. The Lead Passenger must make sure that all items of luggage belonging to its party are labelled correctly with names and resort destination/s.

10. Cancellations & ‘No Shows’

The Lead Passenger may cancel the confirmed ticketed booking in writing by email or fax. Cancellations must be made at least 7 days before the time of travel. The monies paid by The Lead Passenger can be applied to a future booking or Abba will refund your monies minus a 25 € per booking administration fee. Any confirmed ticketed booking cancelled within the 7 days before the time of travel will lose all of their monies. No shows will be charged at full rate.

11. Changes to the Booking

The Lead Passenger can make changes to the booking in writing by email or fax, quoting the booking reference number and the changes required. If you require to increase the number of passengers within your party, you must do this at least 3 days before the time of travel, to enable Abba to confirm and agree the allocation of a seat and extra charges with yourselves. The rate per person may be different from the rate previously quoted. If an extra vehicle is required, Abba will advise you on the most cost-effective transfer available. Should you wish to change either one or all of the following to your booking: Airport, flight time, travel dates, destination/ drop-off point, pick-up point or numbers in party, the following applies: If Abba are informed at least 7 days before the original time of travel and within 5 days of the new time of travel, Abba will endeavour to re-arrange your transfer for you if at all possible. However this cannot be guaranteed and is done so at the discretion of Abba. New quotations of costs incurred for changes will be submitted by Abba and agreed by you before the new booking is ticketed. Any changes will be subject to a 10€ administration charge per booking.

12. Key Collections & Multiple drop-offs/ pick-up

Please note that if you are collecting keys for your accommodation, or if you request more than 1 specified drop-off or pick-up point the Lead Passenger will be subject to additional waiting-time charges of 15€ per 15 min. These additional charges must be paid direct to your driver before the end of your transfer/s taking place.

13. Resort address

Please note that if you do not submit a full resort address to us we cannot guarantee that we will be able to drop you off at your door. It is your responsibility to check accessibility with the property owner, especially when travelling by minibus or coach. If the transfer takes longer than scheduled due to lack or miss information, the lead passenger will be subject to additional waiting-time charges of 15€ per 15 min. These additional charges must be paid direct to your driver before the end of your transfer/s taking place.

14. Transfer times to and from popular ski resorts

Please note that if you are travelling to or from a popular route on Saturdays or Holiday times your transfer time may take longer than the ‘usual’ transfer time allocated by our online system. You will be notified by email (before you travel) or by telephone (whilst on holiday) if your return pick-up needs to be brought forward to an earlier time. Please note that during the hours of 09:00 and 14:00 the main roads connecting to and from the ski resorts are extremely busy and therefore if your scheduled pick-up time falls between these hours we may re-schedule to collect you earlier. Please note that your return pick-up time may be brought forward on any day of the week if there is bad weather or heavy traffic. If you make alternative arrangements separately with your driver and do not inform Abba of your transfer changes, then Abba cannot be held responsible for any misunderstandings that may occur.

15. Baggage Allowance

Each passenger will be permitted 1 large Suitcase or Holdall. Please Note: If you are carrying skis, snowboards, golf bags or bikes additional supplements may be required, and you will be notified of any supplements before the correct-sized vehicle is scheduled for you. If excess baggage needs additional transportation including trailers, The Lead Passenger will be liable for the extra costs incurred. The Lead Passenger must make sure that all items of luggage belonging to its party are labelled correctly with names and destination.

16. Delays in Transfer

Abba will endeavour to ensure that the transfer vehicle(s) arrives on time to collect you and your party and reaches its destination on time. Abba will not incur any liability whatsoever in the event of any delay due to causes beyond its control. If your transfer is delayed more than 30 minutes from your scheduled flight arrival time, please call Abba immediately for an update on the situation.

17. Insurance

All vehicles are fully insured for passenger- and third-party claims, as required under the law of the country in which it is registered. However, customers’ property is carried entirely at their own risk and no responsibility can be accepted for loss and damage. The Lead Passenger and other party members are advised to check their own travel insurance.

18. Rights Reserved – Alcohol and Illegal Substances

The Lead Passenger should note that Abba and its Approved Provider Drivers reserve the right to refuse to carry any person who is thought to be under the influence of alcohol or drugs and whose behaviour poses a threat to the driver, passengers or the vehicle.

19. Travelling with Babies & Infants

Laws & regulations pertaining to the use of baby seats, child seats & seat belts vary from country to country for age limits and fitting in cars, minibuses and coaches. There is an exemption for licensed vehicles, which can still carry children if a child seat is not available. In licensed vehicles children under 3 years may travel unrestrained in the rear if no child seat is available and children 3 years and above must use a seatbelt if no child seat is available. It is recommended that you provide & fit your own child/baby seat/s. You will be required to fit the child/baby seat/s yourself, even if the child seat is provided by the driver. The driver is not responsible for the fitting of baby & child seats. If you require a baby/child seat, please request one at the time of booking. Please note that we cannot guarantee to provide a requested child seat.

20. Smoking

Smoking is not allowed in any of the transfer vehicles.

21. The consumption of food & drink

The consumption of food & drink is not allowed in any of the standard vehicles. If you wish to take a break please ask your driver. Additional stops en-route are at the discretion of the Approved Transfer Suppliers and/or their drivers. If you booked the VIP class, drinks are available in the vehicles.

22. Complaints

In the unlikely event that you have any reason to complain or experience any problems when dealing with Abba or any of its approved transfer providers, please inform the transfer driver immediately who will be happy to assist. You should then put any complaint in writing, by fax or email direct to Abba within 10 days of the verbal complaint. If you have any queries or experience any difficulties with our website or booking system, please inform our customer services department immediately at info@abbatransfers.com and we will do our utmost to resolve the matter.

23. Special Requests

If the Lead Passenger or any member of their party has any special requests, or is a person with a disability you must inform us at the time of booking, we will then confirm if the transfer vehicle will be suitable and be able to meet your requirements before we accept the booking. If Abba cannot accommodate the particular needs of the person concerned we may have to decline the booking.

24. Links to other sites

This site contains links to other websites, which are provided as a convenience to you, Abba or its third-party providers do not endorse, nor are we responsible for, any of the content or materials on such websites. If you choose to access any other website, you do so at your own risk.

25. Protecting your information

Abba is committed to protecting your personal details. Your financial information is secured through the use of Paypal, to ensure that every credit card transaction is safe.

26. Site Access

Abba will use all reasonable efforts to keep our site available 24/24, 7/7, subject to necessary scheduled downtime for maintenance, unscheduled maintenance and system breakdowns. Abba cannot guarantee that the site will be error free, or that the servers are free from viruses.

27. Statutory Rights

Nothing can affect the consumer’s statutory rights by any of the foregoing.

N.B.: Swiss law will govern all of these Terms and Conditions.