General Terms and Conditions

1. DEFINITIONS

In this General Terms and Conditions agreement, the following words and expressions will have the following meanings:

“GetByTransfer System” refers to the online platform accessible via the website “www.getbytransfer.com”. This platform facilitates the booking of transfer services offered by third-party partners, serving as an intermediary to streamline transactions and communication between customers and service providers.

“Website(s)” refers to Get By ApS system website(s): www.getbytransfer.com as well as other websites that belong to the Company.

“Customer” denotes an individual who engages in the services provided by our Get By Transfer, whether through email, telephone, or by completing an online booking form. A binding contractual obligation is established once Get By Transfer validates the booking in line with the prevailing Terms and Conditions. The customer is tasked with managing all interactions with Get By Transfer representatives, encompassing modifications to the service post-booking, any specific requests, and/or directives during the service delivery. Eligibility requires the customer to be a minimum of 18 years old and not be legally barred from entering into contractual agreements. The customer assumes the duty for accurately and fully providing data during the reservation process. Furthermore, the customer is accountable for the settlement of the total cost associated with the ordered and/or executed services, including any applicable insurance charges, as well as fees associated with changes, enhancements, or cancellations of services. It is also incumbent upon the customer to comprehensively and precisely convey information regarding all services, along with any subsequent alterations post-initial booking, to all passengers, and to ensure that all passengers agree to these General Terms and Conditions.

“Passenger” is identified as the individual named in the reservation form, who may or may not be the Customer ordering the service. Passengers must be at least 18 years of age.

“Service“ (also transfer) refers to the provision of a vehicle transfer service, which includes the rental of a vehicle accompanied by a driver, facilitating transportation from an initial location to a designated final destination. This service may be expanded to include the facilitation of additional services on behalf of the customer. Customers have the option to request a service that encompasses one or multiple transfers.

“Approved Contact” refers to Customer contact information, including valid telephone number and email address, submitted in writing during the reservation process to both the Company and the Partner, at their sole and absolute discretion.

“Partner” (also carrier, service provider) refers to a service provider engaged by the company to deliver services or activities that are essential components of the overall service offered. Should there be any conflict between the Partner Terms and these General Terms and Conditions, the stipulations or clauses of these General Terms and Conditions will prevail as the authoritative agreement. All our partners are duly registered in accordance with business registration requirements and possess the requisite licences to legally conduct the services provided.

“Confirmation” (also transfer confirmation, booking confirmation) refers to the document issued to verify a reservation. It encompasses all details provided in the booking form, unless indicated otherwise, and is delivered to the customer via email.

“Company” (also “Get By ApS”, "Get By Transfer", "GetByTransfer", "Our Company", "We", "Us", etc.) refers to Get By ApS, a company based in Klamsagervej 32, 8230 Åbyhøj, Denmark, with company number 38902482.

2. ABOUT THE COMPANY (GET BY APS/GET BY TRANSFER)

Get By Transfer offers digital brokerage services for passenger transportation, functioning solely through its owned domain under the specified "Website(s)." We serve solely as an intermediary between the Customer and the Partner; we do not provide transportation services ourselves. By booking a Transport Service through us, you acknowledge entering into an agreement for the Transport Service directly with the Partner. Consequently, you and the Partner establish a direct relationship and are individually responsible for adhering to the terms and conditions of the transport service.

For business communications, we utilise the email address info@getbytransfer.com and conduct our operations via the website: getbytransfer.com. as well as other websites that belong to the Company. To deliver our services, we partner with professional Partners who offer passenger transportation services directly or act as agencies coordinating these services. Each of our Partners holds valid licences and possesses the essential permits mandated by national legislation to conduct their operations.

Get By Transfer does not operate as a Carrier, nor are we a licensed private transfer provider, and we do not offer transportation services. Carrier. Our role strictly serves as an intermediary between you and the Carrier. When you book a service through our Website(s), you enter into a direct and legally binding contract with the Carrier who accepts your booking. Therefore, the Company should not be considered a travel agency under any circumstances.

Get By ApS does not offer transportation services and plays no role in the relationship between you and the Carrier, as the contractual agreement to provide transportation services is formed solely between you and the Carrier committed to delivering the Transportation Service. Get By ApS is not a party to such contracts and does not gain any rights or assume any obligations from them. Furthermore, Get By ApS bears no liability for passenger transport, a responsibility that rests entirely with the Carriers. Consequently, Get By ApS, including its representatives, employees, and agents, holds no accountability for the risks entailed in the negotiation, execution, and fulfilment of the contract between the Customer, Passenger and the Carrier, nor for any damages that may result from such a contract. Opting to book the Service through us is entirely at your discretion. However, upon booking, you agree and guarantee to meet all responsibilities stipulated in these General Terms and Conditions.

Get By ApS does not represent you nor the Carrier, and does not provide any guarantees regarding the quality of the transport service and the behaviour of the Carrier's drivers.

Partners’ drivers do not have an employment relationship with Get By ApS or its partners.

Get By ApS may facilitate arrangements for transportation services with Partners, but does not evaluate the suitability, legality, or capabilities of any Partner. You hereby expressly waive and release Get By ApS from any claims, liabilities, or damages related to or arising from your interactions with the Carrier and their employees. Get By ApS will not involve itself in disputes between you and the Carrier. By booking the Service, you acknowledge that Get By ApS is not included in the contractual relationship between the Carrier and you, however the Services are governed by these General Terms and Conditions.

The Services offered by Get By ApS are intended solely for personal and non-commercial use. Consequently, it is prohibited to resell, deep-link, utilise, copy, monitor (for example, through spidering or scraping), display, download, or reproduce any content, information, software, products, or services available on our website for any commercial, competitive activity, or purpose.

Prior to requesting the Service featured on our Website(s), it is imperative that you carefully read and comprehend these General Terms and Conditions, as they will apply to every subsequent agreement. By making a booking, you attest to having reviewed these General Terms and Conditions and affirm that you possess the legal authority to accept them, both on your behalf and on behalf of all Passengers. Should any part of this Agreement remain unclear to you, we encourage you to reach out to our Customer Support Department at info@getbytransfer.com before finalising your booking. Regrettably, if you are unwilling to agree to these General Terms and Conditions, you will be unable to proceed with booking the Service through us.

3. INTRODUCTION

By filling out the booking form, you affirm your eligibility to form legally binding agreements under your own name and for the passengers you represent. The booking form shall be deemed a fundamental component of these General Terms and Conditions.

Should you decline to accept these General Terms and Conditions for any reason, you will be ineligible to book the Service. Our Company reserves the right to withhold services from individuals who do not consent to these General Terms and Conditions.

Should you find any aspect of these General Terms and Conditions, or the booking form unclear, we encourage you to seek clarification by contacting our Customer Support Department at info@getbytransfer.com. By opting not to seek such clarification, you absolve us of any liability towards you, whether it is stipulated in these General Terms and Conditions or otherwise implied.

4. DESCRIPTION AND EXTENT OF THE SERVICE

The transfer service entails renting a vehicle with a driver for transport by road or sea, and the precise route of transfer cannot be guaranteed. Although we, as well as our Partners, commit to making every reasonable effort to follow the arrival and departure times as specified in the booking form and described on our Website(s), it's important to note that all mentioned times and durations are provided as non-binding estimates.

If you encounter any difficulties in locating the driver, please reach out to the Service provider directly using the phone number provided to you in your transfer confirmation form as well as our Customer Support Department at info@getbytransfer.com immediately. Failure to contact Service provider and our Customer Support Department before opting for an alternate mode of transport will absolve us of all contractual, factual, or legal duties and liabilities towards you, including any claims for refunds. If you are not present at the scheduled start time and location of the service, and if you fail to arrive within the following 30 minutes or make contact with both the Service Provider and our Customer Support Department, or if you do not respond to two phone calls from either the Service Provider or our Customer Support Department using the provided contact number, we will deem you as a no-show and charge you for all reserved services. For verification purposes, digital records from our servers will serve as conclusive evidence of the timing of attempted phone communications.

All the vehicles shown on the website are illustrative in nature. Get By ApS has the right to assign a larger vehicle or several vehicles of the same value to your transfer without prior notice.

It is your obligation to verify the scheduled pick-up time and to ensure you arrive at the airport, bus station, port, or any other agreed location with ample time for check-in and other pre-travel procedures. The Carrier will endeavour to drop you off and pick you up as close to the specified addresses as possible. Should the standard route be impassable due to weather conditions, traffic incidents, etc., the carrier will, upon your explicit request, opt for an alternative, potentially longer route to reach the designated destination. Under such circumstances, you will bear any additional expenses that may arise. All contracted Services fall within the scope of public liability coverage of the Partners Insurance Policy or the insurance of their subcontractor.

5. TRANSFER BOOKING PROCESS

By selecting the 'Book Now' option on our Website(s) or finalising the booking over the phone or via email, you fully agree to these General Terms and Conditions. Any other interactions or communications between our company's representatives and yourself shall not constitute a reservation and are not governed by these General Terms and Conditions.

Get By ApS is committed to delivering the service, which begins upon issuance of the Confirmation.

Digital records from our email servers will serve as evidence of your receipt of the Confirmation.

Following the receipt of the transfer Confirmation, it is your responsibility to verify the accuracy of all information provided. While our Partners will make reasonable efforts to verify airline schedules and their arrivals, the ultimate responsibility for the accuracy of this information rests with you. Consequently, we cannot be held accountable for issues that arise from inaccurate or erroneous details in the reservation. We recommend scheduling your airport departure at least 2-3 hours prior to your flight's departure time, plus an additional 20% added to the estimated transfer duration to accommodate potential delays.

Your obligation to us concludes upon the completion of the service or its cancellation. We advise retaining a copy of the Confirmation, either in print or digital form, throughout the service period.

It falls exclusively upon your responsibility to verify your eligibility for travel to the destinations indicated in the booking form, including the possession of all required documents, certificates, etc., that may need to be presented to authorities during your journey. Furthermore, you are responsible for adhering to all relevant local laws and regulations.

6. ADDITIONAL SERVICES

Additional services that are predetermined can be specified in the booking form along with their respective price list, subject to availability and relevance to the chosen service. It is important to acknowledge that we cannot be held liable if the car seats do not perfectly fit the size requirements of the children accompanying you due to age-related size discrepancies.

In addition to the predefined services previously outlined, we provide the opportunity to augment your travel experience with an assortment of amenities for an additional charge. The availability of these amenities is contingent upon the specific offerings of each individual partner. These amenities can include, but are not limited to:

• Child Seat, Booster Seat, Infant Seat
• Extra Bags
• Skis
• Wheelchair (foldable/non-foldable)
• Name Sign for Greetings
• Extended Waiting Time (15min, 30min increments)
• Wi-Fi Access
• Bicycle Transport
• Water Refreshment
• Flight Tracking for Timely Pickups
• Pet Transportation
• Luggage Assistance
• Multilingual Driver
• Personalised Playlist
• Musical Instrument Transportation

Responsibility and Liability for Amenities:

Provision of Amenities:   our partners are committed to making every reasonable effort to provide the requested amenities at the time of service. These amenities are subject to availability and must be explicitly requested in the 'extras' section of the booking form, along with any relevant details, to ensure accurate service customization.

Amenity Charges:   Additional charges for these amenities will be clearly stated in the booking form's price list. Payment for these amenities is required to secure their provision for your transfer.

Fit and Suitability:   While we endeavour to meet the specific requirements for amenities such as child seats, we cannot guarantee perfect fitment for all age groups or sizes. We recommend providing detailed information regarding age, height, and weight (where applicable) to facilitate the best possible match.

Selection and Payment of Amenities:   When you select and pay for additional amenities as part of your transfer request, it is based on the understanding that these services are subject to the capabilities and compliance of our independent service providers (partners).

Failure to Provide Requested Amenities:   In the case that our partner is unable to provide a requested amenity due to unforeseen circumstances, you will be notified at the earliest opportunity and offered with alternative arrangements or a refund for the specific amenity charge. The liability of Get By ApS for failing to provide an amenity is limited to the refund of the charge paid for the said amenity.

Limitation of Our Liability:   We act as an intermediary facilitating the booking of transport services and related amenities between our clients and service providers. As such, we cannot be held responsible for any discrepancies or failures in the provision of requested amenities by the service provider. This includes situations where an amenity is not provided as described during the purchase process or is absent at the time of the service.

Amenity Representation:   While we endeavour to accurately describe and represent all possible amenities during the booking process, we rely on our partners to deliver these services as agreed. The actual provision of such amenities is the sole responsibility of the partner who confirms your transfer.

Refund Policy:   In cases where a paid amenity is not provided or does not meet the description provided at the time of booking, our role will be to assist in facilitating communication between you and the service provider for resolution, including the pursuit of refunds where appropriate. However, our obligation does not extend beyond this facilitation role.

Customer Acknowledgment:   By selecting and paying for additional amenities, you acknowledge and accept that our liability is limited to the role of intermediary. You agree that claims related to the provision or quality of such amenities should be directed towards the service provider responsible for your transfer.

Action in Case of Discrepancy:   Should you encounter any issues with the amenities provided during your service, we urge you to contact our Customer Support Department promptly at info@getbytransfer.com. We will assist in addressing your concerns with the service provider to seek an appropriate resolution.

By proceeding with your booking and the selection of additional amenities, you acknowledge the understanding and acceptance of these terms, which define the extent of our responsibility and your rights in relation to the provision of such amenities.

7. LUGGAGE POLICY

When selecting a vehicle, it's essential to account for both the quantity and dimensions of luggage. Each passenger is allowed one medium-sized piece of luggage (56cm x 45cm x 25cm) along with one item of hand luggage. Therefore, should you opt for an 8-passenger/8-seater vehicle for a transfer involving 4 passengers, you may carry up to 8 medium-sized suitcases and 8 pieces of hand luggage.

For all the luggage with varying dimensions, consider the allowable luggage capacity and the total number of passengers. Should you find difficulty in determining the suitable vehicle for your transfer needs, please reach out to our Customer Support Department at info@getbytransfer.com for guidance on the optimal vehicle selection.

If the number of passengers or the volume of luggage exceeds the amount specified in the reservation, making the initially chosen vehicle unsuitable, you must promptly contact the Customer Support Department. Our team will endeavour to accommodate your needs by offering a suitable vehicle option at a new price. However, Get By ApS is not responsible for nor obliged to rectify such situations. If you agree to the price difference, we will send you an amended Confirmation. If you cancel the transfer due to the above, your reservation is subject to cancellation conditions within the last 24 hours.

8. WAITING TIME POLICY

The driver will await your arrival at the designated departure location at the time stated in the Confirmation. The included waiting time for your transfer is 30 minutes for airport departures and 15 minutes for departures from all other locations. This complimentary waiting period begins at the scheduled reservation time. Should your flight, train, or boat arrive early, please wait until the reservation's specified time.

If your arrival is delayed, the complimentary waiting period will be adjusted to start from the new time of arrival.

However, practical maximum waiting time might need to balance customer service with operational efficiency. Typically, a reasonable maximum waiting time for delays is no longer than 60 minutes (1 hour) for airport pickups.

Maximum waiting time varies based on several factors, including operational capacity; the ability of the service provider to accommodate longer waits without impacting other scheduled transfer services.

Should you require additional waiting time, please contact the Service provider using the phone number provided to you with the transfer Confirmation, as well as notify our Customer Support Department at info@getbytransfer.com as soon as possible. Additional waiting time will be granted and confirmed by the Service provider or our Customer Support, provided it does not conflict with the Carrier's schedule for the day. This extra waiting time is billed by the hour starting from the moment the initial free waiting time ends. Rates for additional waiting time are available upon request.

9. DATA PRECISION

The content provided on our Website(s), including text, photographs, videos, and other materials, serves solely for illustrative purposes. While we strive to ensure the accuracy, completeness, and currentness of the information within our capacity, it is to be understood that the availability of certain services or their features may vary at any given time. Such variability may stem from factors including but not limited to weather conditions, equipment malfunctions, changes in our partnership dynamics, force majeure events (referenced in Article 11), or a decision on our part to cease a previously offered service or component thereof. Our Customer Support Department will endeavour to keep customers informed in a timely manner. Any information concerning the anticipated commencement and duration of activities should be regarded as indicative estimates.

10. PAYMENT AND FEES POLICY

We offer standard payment methods, for example: credit cards (Maestro, Visa, Mastercard) and cash, but not all methods are available when booking all services.

All the payment methods available for certain services are visible during the booking process.

Get By ApS retains the authority to decline any alterations to payment methods that differ from those chosen at the time of booking.

For bookings made with cash payment, you are required to be reachable both on the day of the transfer and the day preceding it, via the Approved Contact that you provided in the reservation process. If we attempt to verify the validity of your booking and cannot reach you by phone or email, we reserve the right to cancel your reservation.

11. MODIFICATIONS, ALTERATIONS, AND CANCELLATIONS POLICY

All cancellations must be made in the written form. Your cancellation request will only be considered approved and valid once you receive the Transfer Cancellation Confirmation via email.

If you wish to cancel a transfer reservation, the following cancellation policy applies:

Cancellations Within 48 Hours of Scheduled Transfer:

No refunds shall be issued for cancellation requests received within 48 hours prior to the scheduled transfer pick up time.

Cancellations More Than 48 Hours Prior to Scheduled Transfer:

• For Transfers Paid in Full: A cancellation fee constituting 20% of the total amount paid will be deducted from the refundable amount.

• For Transfers Where Only a Deposit Was Paid: The deposit, typically constituting 20% of the total transfer price, is non-refundable.

Any modifications to transfer reservations must be submitted by contacting the Customer Support Department at info@getbytransfer.com. Upon approval of your request, an updated Confirmation will be issued to you. Changes to your transfer may require adjustments to the original price, which you will be required to pay either in cash or with a credit card. Should the approved changes result in a lower price, the price will be accordingly reduced, and the difference will be refunded back to the credit card used on the original transfer purchase.

Get By ApS is not required to authorise changes requested within 24 hours prior to your scheduled transfer, due to the Carrier's pre-arranged schedule. Should you decide to cancel because your request for modification was not granted, such cancellation will be processed but is deemed to occur within the final 48-hour period before your transfer, thereby disqualifying you from receiving a refund.

All changes within 24 hours of your transfer must be approved by the Service provider and/or Customer Support Department. Otherwise, it will not be considered valid.

Should there be a delay in your flight, it is imperative that you notify the Service provider directly through the contact number provided to you after making the reservation, as soon as possible. Should your flight, train, or ship arrive earlier than the scheduled departure time, you are obliged to wait until the time specified in the Confirmation.

Get By ApS reserves the right to propose modifications to the details in your transfer reservation with the aim of enhancing the overall quality of the service. Such modifications may pertain to the time, payment method, or any other reservation details. You are not obligated to agree to these suggested changes. Should you choose not to accept them, the terms originally agreed upon in the reservation will remain in effect.

Get By ApS reserves the right to suggest adjustments to the information in your reservation if errors were made during the booking process. Should such inaccuracies result in an incorrect (lower than accurate) price being quoted, we will provide you with the option to accept a revised, correct price or to cancel the reservation. If you opt for cancellation, our standard cancellation policy will be enforced.

While we aim to fulfil and surpass the expectations of all our customers, there may be exceptional circumstances under which we are compelled to cancel the booked service. Such cancellations could arise from Force Majeure events, including weather-related disasters, strikes, and other unpredictable external situations beyond our control; technical issues, like a vehicle breakdown that cannot be promptly resolved with a replacement; or organisational reasons, among others.

Regardless of the causes and circumstances, we undertake a full refund to passengers for services ordered but not provided, unless the passenger is entitled to a refund due to the circumstances stated elsewhere in these General Terms and Conditions.

12. NO-SHOW POLICY

A passenger no-show   will be considered any instance whereby the passengers fail to appear at the designated departure point by the end of the specified waiting period (defined in Article 8.) for the transfer.

The driver will await passengers’ arrival, identifiable by a tablet or a sign bearing the passenger's name or Company's logo.

Should there be a delay in passengers’ flight, train, bus, or boat, it is imperative that passengers inform the Service provider (Carrier) using the contact information provided upon booking as soon as they become aware of the delay.

In instances where passengers ‘mode of transport arrives earlier than scheduled, passengers are required to wait until the designated transfer time. Passengers may contact the Service provider or Customer Support Department to request an earlier transfer time; however, Get By ApS reserves the right to decline such requests. Requests for changes made within 24 hours will be considered as amendments and are subject to our change policy.

The designated departure location is the departure address specified in your reservation Confirmation. For transfers originating from airports, train stations, bus stations, or ports, the driver will await your arrival based on your provided flight, train, bus number, or disembarkation point. Should meeting at these predetermined locations be unfeasible, the Service provider or our Customer Support Department will contact you via phone or email to coordinate an alternative nearby departure point. It is crucial, therefore, that you supply us with the correct flight number, train route, originating bus location, or the name of your ship or island, in addition to a valid Approved contact number through which you can be reached. Please ensure to include the name of your ship or island, or the specifics of your bus or train journey, in a note to the driver at the time of booking.

In case that we are unable to establish contact with you within 30 minutes after the scheduled time of departure via the Approved Contact number on the booking or by email, we will declare the event as a no-show by the passenger. In accordance with established business practice, digital records from our servers will be considered proof of the time of telephone calls.

If, according to all the above, your service is declared a no show, you are not entitled to a refund. In that case, if you have a cash-back refund, it will be cancelled, and you will receive a cancellation confirmation. If you have a return transfer with full or partial payment by card, we will contact you to confirm your service. If you do not confirm the service within 48 hours before the return transfer time, we will cancel the service. In that case, you do not have the right to a refund or a return transfer.

The driver is obligated to arrive at the designated departure point at the scheduled time. Should the driver be delayed by up to 15 minutes, you will be notified through a phone call, SMS, or email. For delays exceeding 15 minutes, you should contact the Service provider using the phone number provided to you with the transfer Confirmation, as well as notify our Customer Support Department at info@getbytransfer.com as soon as possible. Therefore, it is important that you are available on the day of transfer to your contact number listed in the reservation.

If you are unable to locate your driver, it is your responsibility to directly contact the Service provider at least twice using the contact number given in your reservation. In line with standard business practices, digital records from your service provider will serve as verification of the call times. Should investigations reveal that both you and the driver were present at the departure point concurrently yet the transfer did not occur, and provided we have evidence to support this, we will consider issuing a refund of 80% of the charged amount, retaining 20% to cover administrative costs.

Partner no-show   will be considered any instance whereby the Partner fails to appear at the designated departure point by the end of the specified waiting period (defined in Article 8.) for the transfer.

In the unlikely event that a Partner fails to appear at the designated departure point at the scheduled time without prior notification, Passengers are urged to contact the Service provider using the phone number provided to you with the transfer Confirmation, as well as notify our Customer Support Department at info@getbytransfer.com immediately upon realising the Partner might not show up. Make sure to use the proper contact information provided in your reservation Confirmation for prompt assistance.

Upon receiving your notification, Get By ApS will initiate an immediate investigation to confirm the no-show status of the Partner. This process will include attempting to contact the Partner directly and reviewing digital records to establish the sequence of events.

If the investigation confirms a Partners no-show, Get By ApS commits to providing a full refund of the charged amount for the unprovided service.

Additionally, based on the prevailing circumstances and resource availability, we may explore alternative options to accommodate your transfer request without any extra charges. Our Customer Support Team stands ready to assist with further arrangements that may be necessary due to the no-show, with the goal of reducing inconvenience and facilitating the continuation of your travel plans with as little disruption as possible, however the ability to organise an alternative solution for the transportation depends on various other elements that are out of Get By ApS control.

All instances of Partners’ no-shows will be thoroughly recorded and reviewed. Such incidents will inform our ongoing assessment of Partners’ performance and may lead to adjustments in our network to uphold the quality and reliability of the services offered.

We recognize the impact a Partners no-show can have on your plans and emphasise our commitment to providing support and resolutions in these rare instances. Your satisfaction and trust in our services remain our top priority.

While Get By ApS facilitates the booking of transfer services and strives to ensure reliability and punctuality, we cannot be held liable for the consequences of no-show incidents, whether by passengers or Partners/Carriers. Our responsibility is limited to providing support and mediation efforts, including refunds and alternative arrangements as outlined in our policies, to mitigate any inconvenience caused by such events.

13. FORCE MAJEURE

Force majeure refers to exceptional circumstances beyond our control, unforeseeable and unavoidable despite reasonable efforts to prevent them.

Should GetByApS, its agents, or contractual partners become incapable of fulfilling their duties due to the impact of force majeure events that arise subsequent to the service being ordered, we shall be deemed relieved of our obligations under these General Terms and Conditions.

Force majeure events are those beyond our accountability or influence that significantly impede our ability to render services. Examples include natural disasters like earthquakes, floods, and wildfires, extreme weather conditions, strikes, severe traffic congestion, restrictions on road usage, significant public gatherings such as marathons or rallies, governmental actions, military activities, and similar occurrences.

14. PASSENGER CONDUCT POLICY

Get By ApS reserve the right to deny service to passengers if:

• Get By ApS assert that if they are unable to travel and/or utilise the services they have procured, or
• Get By ApS assert that their conduct could potentially cause discomfort to fellow passengers, our personnel, the staff of our affiliates, the general public, or pose a risk to anyone's safety, or result in damage to property.

Furthermore, in such instances, the service contract may be terminated without the exercise of the entitlement to reimbursement or any form of compensation.

In the event of a breach of a specific aspect of the contracted service, the passenger may be subject to special conditions for the remaining duration of the service. Neither our company nor its partners can be held legally or financially accountable for accidents, injuries, losses, or damages resulting from inappropriate passenger behaviour, inclusive of behaviour influenced by any substances, including prescription medications and other medical devices.

Should any passenger cause breakage or damage during the service, or if the passenger's conduct necessitates unforeseen cleaning or maintenance of the vehicle, the Passenger shall be held liable for compensation in accordance with damage assessments and invoices issued by relevant authorities, jointly with the proprietor of the property in question. Failure to meet payment deadlines may result in additional expenses incurred due to legal proceedings.

15. RISK ACCEPTANCE, DISPUTES AND LIABILITY

Your utilisation of our service signifies your acknowledgment and acceptance of the associated risks. This entails your full compliance with the safety directives furnished by our staff and/or partners. Furthermore, any passenger experiencing potential discomfort or uncertainty regarding participation in any of our services should promptly notify the relevant staff members. There exists no obligation for you to avail yourself of the contracted service. We strongly advise obtaining travel insurance prior to each journey, regardless of its duration.

Complaints must be submitted to us within 10 days following the completion of the service. Upon receiving a complaint regarding our services or any aspect thereof, we commit to addressing it promptly, ensuring a response is provided within 30 days from the date of receipt. Digital evidence from our servers will validate the timing of your complaint's arrival.

We pledge to process refunds to the credit card utilised for the original purchase within 30 days after we receive your written consent to our refund decision. This consent must be submitted within 10 days of our refund notification. It is essential to acknowledge that refunds are exclusively issued to the original payment credit card, and we are not liable for the funds once processed by the credit card issuer. We will keep documentation of the refund process, and evidence of the refund is available upon request.

Miscommunications, including but not limited to, typographical end other errors in the order form, do not automatically entitle you to a refund. Obvious errors, either on your part or ours, will not be considered contractually binding. In the event of complaints of death or personal injury resulting from activities that were part of your trip, we are responsible for paying reasonable compensation, in each case subject to all limitations set forth in these General Terms and Conditions, if the complaint is based on circumstances under our supervision, or under the supervision of our partner.

Unless otherwise stated in these General Terms and Conditions, Get By ApS shall not be held liable for any loss, damage, personal injury, or death that may result directly or indirectly from the use of our services. Furthermore, any liability on our part will be limited according to applicable international conventions.

If any dispute arises between you and Get By ApS, and both parties make reasonable efforts to resolve it, but that resolution fails, the court with jurisdiction over the headquarters of Get By ApS will have jurisdiction to resolve such a dispute.

You are expected to cooperate with us in securing any refunds we issue, as well as in pursuing compensation from third parties. Any rights to compensation from third-party legal liability incurred through our services are transferred from you to us, unless stipulated otherwise.

Should any provision of these General Terms and Conditions be found legally void, it does not affect the validity of the remainder. Any unenforceable provision will be immediately replaced with valid, enforceable terms that closely align with the original business intentions of these General Terms and Conditions.

16. CONFIDENTIALITY AND GDPR POLICY

The subsequent sections constitute the Data Processing Agreement, which is incorporated into the General Terms and Conditions (hereafter referred to as the “Agreement”), established between Get By ApS and its service customers. Except as expressly defined otherwise, all terms and expressions will carry the same meanings as assigned in Articles 1, 3, and 17.

In alignment with the Regulation 2016/679/EU of 27 April 2016 (General Data Protection Regulation, or “GDPR”), and specifically Article 28 of GDPR, this Agreement outlines the rights and responsibilities of Get By ApS as the Data Processor, in line with the agreed contractual terms. Terms such as "personal data", "processing", "Data Processor", "Data Controller", "data subject", and "supervisory authority" are used in accordance with their definitions in the GDPR text.

The validity of this Agreement shall extend for the same period as the General Terms and Conditions to which it is annexed.

The personal information you furnish during the service ordering process, along with any direct or indirect communication arising from your order — be it supportive or consequential — is governed by our Privacy Policy and will solely be utilised for purposes essential to handling your request and delivering the service you requested. The management of your data and subsequent communications related to your service order will adhere strictly to our legitimate interest in fulfilling the services you have commissioned.

This Agreement pertains to the handling of personal data of our customers and extends to personal data supplied on behalf of Get By ApS by its partners.

Personal data processing will occur solely within a Member State of the European Union ("Member State") or in a country party to the European Economic Community Agreement. Any data transfer to third countries requires our explicit consent and will proceed only if it complies with the specific conditions outlined in the GDPR (notably, Article 44 onwards).

As part of our efforts to efficiently execute your order, we will send you electronic messages for the following purposes. Should we identify a necessity tied to our legitimate interest, or if it becomes essential for service delivery, we reserve the right to engage with you electronically for additional purposes not explicitly named herein:

1. Order confirmation
2. Modifications to the order
3. Invoicing
4. Requests to evaluate our service for internal quality improvement

Furthermore, we retain the right to reach out to you via telephone and/or email using the contact details you provided to us in your order form.

Any communication exceeding the scope of our legitimate interest in processing your order and facilitating the requested service will necessitate your explicit consent, to be expressed through a distinct act of free will.

Processing of our clients' personal data may encompass the following categories:

1. Details specified in the transfer confirmation, including:
   1. Date, time, and specifics of the departure and arrival points, such as airport and flight number, or railway station and train number.
2. The total number of passengers and the complete itinerary, from start to destination.
3. The quantity of luggage, if applicable.
4. Client contact information, encompassing name, telephone number, and email address.
5. The category of vehicle chosen by the client.
6. The required number of child car seats for the journey.
7. Any special requests submitted by the client.
8. Designated meeting location with the client at places like airports or railway stations.
9. Contact numbers of Get By Transfer representatives and other essential details for the efficient management and flawless execution of the service.
10. Personal data acquired afterward to facilitate service provision as per these General Terms and Conditions, such as amendments to or additional details for the initially issued transfer confirmation or notified changes to the travel itinerary, provided to Get By ApS representatives promptly via the proper communication channels.

In accordance with the Croatian Archiving Act, the following personal information is required to be retained for a period of 11 years from the service date:

1. Name and surname of the primary passenger.
2. Total number of passengers.
3. Main passenger’s email address.
4. Points of departure and destination.

Our commitments to you encompass the following:

1. Guarantee that the processing and, if necessary, the transfer of personal data to our partners are conducted in strict adherence to applicable data protection legislation.
2. Ensure that any auditors or inspectors tasked with assessing our and our partners' adherence to this agreement are obliged to confidentiality concerning the information they access.
3. Process any requests you make to exercise your rights under the GDPR efficiently and promptly.

Furthermore, please be mindful that under certain circumstances, EU legislation or the laws of its Member States may require us to store your personal data for extended periods or to disclose your data to relevant authorities without prior notification to you.

Besides the rights detailed in this Agreement and the General Terms and Conditions, and without limiting those rights, Get By ApS reserves the right to share your personal data with our partners exclusively for the purpose of fulfilling and executing the services you have requested. Such data transfer and processing shall comply fully with the provisions of these General Terms and Conditions, this Agreement, the GDPR, and other pertinent legal regulations of the European Union and/or the relevant Member States.

Your personal data related rights:

Under GDPR, you are endowed with specific rights regarding your personal data, including the ability to request updates, deletions, or transfers of your information either to yourself or a third party of your choice. This section outlines these rights and how you can exercise them:

Right to Information:   You're entitled to inquire about our data collection and processing practices, including the identity and contact details of our organisation, the purposes and legal bases for processing, the types of personal data collected, retention periods, and a summary of your rights, including the right to lodge complaints with supervisory authorities.

Right to Access your personal data:   You can request confirmation on whether we are processing your personal data, access to the data we hold about you, and information on how we use your data, among other details.

Right to Rectification:   If your personal data is incorrect, you have the right to have it corrected.

Erasure Right:   You can ask us to delete your personal data under certain conditions, such as when it's no longer needed for its original purpose, though exceptions apply, such as for compliance with legal obligations or for establishing legal claims.

Restriction of Processing Right:   You may request that we limit the use of your personal data under certain circumstances, for instance, while its accuracy is being verified.

Right to transfer data:   You have the right to receive your personal data in a structured, commonly used, and machine-readable format, or to have it transferred directly to another controller, provided the processing is based on consent or a contract.

Right to Object:   If you believe your fundamental rights and freedoms outweigh our legitimate interests in processing, you may object to processing based on legitimate interests.

Rights Related to Automated Decision-Making and Profiling:   We do not engage in processing that involves automated decision-making.

Our Data Protection Officer (DPO) will promptly address any requests related to your personal data rights. Typically, requests are processed within 30 days, but complex or multiple requests may extend this period by an additional 60 days.

For any inquiries about how your personal data is used, as well as all other GDPR related requests contact our DPO at dpo@getbybus.com.

17. MISCELLANEOUS

The authoritative version of these General Terms and Conditions is written in English. Translations into other languages are provided for convenience only.

The utilisation of protected names and intellectual property rights of our contractual partners is regulated under their respective licences and protected by both national legislation and international treaties related to intellectual property rights. Get By Transfer does not bear the responsibility for confirming the intellectual property rights of its partners.

The content and entirety of our websites are safeguarded by commercial and intellectual property laws and are the sole property of Get By ApS.

Our Customer Support Department is available to offer assistance in English and Croatian, with potential support in other languages if available.