Article 1 – Scope
The present terms and conditions are an integral part of our price offers and of any contract for bus transport that is concluded with our company. By making a reservation with Hermès Lines, all customers accept the present terms and conditions unconditionally and without reservations. Any other terms and conditions or clauses are hereby rejected.
Hermès Lines reserves the right to amend its terms and conditions, at any time and without prior warning.
Article 2 – Price
Unless stated otherwise in the price offer, the price for the transport includes any fixed costs regarding passenger transport (e.g. driver, vehicle and toll). Depending on the price offer, the variable costs (e.g. parking fees, accommodation for the driver) will be charged at purchase price or will be paid directly by the customer.
Unless otherwise expressly stated in writing, our price offers are valid for 30 days, starting from the date of issue.
Article 3 – Payment
3.1. No services shall be provided if the full amount payable has not been paid.
3.2. A deposit of at least 30% of the price of the transport may be requested without any justification at the time of the reservation. The deposit is to be paid within 30 days after receipt of the invoice.
3.3. Barring any prior written agreement between both parties expressly stating otherwise, all our invoices are to be paid in our head office, by 30 days after their postal date at the latest.
3.4. An interest of 12% shall automatically be added to any unpaid invoice from its due date without prior notice. In addition, any unpaid invoice shall automatically and without prior notice be increased by a lump sum compensation of 15% of the outstanding amount, which cannot be lowered, without prejudice to the damage suffered, with a minimum amount of €50.00 per invoice.
3.5. In case of default, regardless the cause, of our invoices on their due date, their interests or their compensation, Hermès Lines reserves the right to terminate/cancel all ongoing reservations, without the customer being able to demand a compensation for any reason whatsoever.
Article 4 – Cancellation
4.1. If the customer terminates the contract before departure, s/he is required to notify Hermès Lines in writing without delay.
If the customer cancels less than 8 days before the date of departure, a lump sum compensation will be charged, equal to 30% of the total amount due.
4.2. If Hermès Lines is forced to cancel due to circumstances that are beyond the control of the customer, the customer has a right to a full refund of any prior payments.
Article 5 – Liability of Hermès Lines
Hermès Lines bvba shall not be held liable for any interruptions and/or delays caused by force majeure, such as accidents, strikes, fog, snow, floods, or roadworks. The latter is a non-exhaustive list of possible cases of force majeure.
Any additional expenses for transport or accommodations caused by an interruption and/or delay due to force majeure are at the customer’s expense.
Article 6 – Customer liability
6.1. The customer is under the obligation to present him/herself before departure at the agreed time and place as stipulated in the contract. If the customer fails to do so, Hermès Lines is not required to refund any payments that have already been made, nor is it required to offer a similar means of transport.
6.2. All passengers are obliged to comply with the safety regulations, to respect the basic rules of politeness and to follow the driver’s instructions on board the vehicle.
6.3. The driver works under the authority Hermès Lines bvba.
6.4. The itinerary is determined by Hermès Lines bvba, subject to any specific requests from the customer that were expressly communicated before the start of the execution of the transport contract.
6.5. If the passengers do not comply with the driver’s instructions on board or if the driver feels that the behaviour or negligence of one or more passengers are a danger to the safety of the other passengers and/or him/herself and/or may cause material damage to the vehicle(s), the driver reserves the right to immediately interrupt the trip for as long as s/he deems necessary and, if necessary, return to the point of departure, under the authority of Hermès Lines bvba.
The customer shall be jointly and severally liable for any damage.s.
Article 7 – Complaints
7.1. All complaints pertaining to the execution of our services is to be sent to the address of our head office by registered post, no later than 8 days after performance of the transport contract.
7.2. Complaints pertaining to our price offers shall be communicated to Hermès Lines bvba by registered post, no later than 8 days after the postal date of the invoice.
7.3. Under no circumstances does submitting a complaint grant the customer the right to defer payment. If the complaint is admissible and well-founded, a credit note shall be drawn up.
Article 8 – Luggage
8.1. Hermès Lines is liable for the damage, loss or theft of luggage (and/or travel goods) located in the vehicle(s) or luggage compartments of the vehicle(s), unless it can be demonstrated that the damage, loss or theft is due to an external unrelated to Hermès Lines bvba or that the latter party took all the necessary precautions to prevent the damage to the luggage (and/or travel goods). In no event shall the liability of Hermès Lines bvba exceed the amount of 250 € per luggage item and 500 € per person.
8.2. This excludes any damage (e.g. scratches) that may occur due to loading and/or unloading, for which Hermès Lines bvba is not responsible.
8.3. Hermès Lines bvba shall not be held liable for damage, loss or theft of hand luggage.
Article 9 – Jurisdiction
All agreements concluded with our company and bound by the present general conditions are governed by and shall be construed as in accordance with Belgian law. Any disputes, irrespective of their nature, shall be settled by the courts of the head office of Hermès Lines bvba.