Terms & Conditions

Terms & Conditions

Ben Transports, which is a trading name of Benalia Transports situated at 15 bis Avenue Viollier 1260 Nyon, Switzerland (referred to in the agreement as ‘we, us or our’) acts on its own, registered under IDE/UID CHE-196.406.355. The contract for the provision of transport service is between you and us.

Our registered office is at 15 bis Avenue Viollier 1260 Nyon, Switzerland. Please read these terms and conditions carefully before making any booking, as they contain important information about your rights and obligations and you will be bound by them.

These booking conditions, in conjunction with the information set out on our website, and your voucher form the entire agreement between ourselves and yourselves and cover all bookings made through Ben Transports, including bookings made on the website.

1 Introduction

1.1 Please read these terms and conditions carefully before making your booking. By making a booking with us, you agree to be legally bound by these terms and conditions as they may be modified and posted on our web site from time to time as well as other information contained in the website and shown on your vouchers. Please also note that as you are contracting directly with the Supplier you may also be bound by their terms and conditions of booking.

1.2 By ordering any services from our websites, you are entering into a contract with the Supplier for the supply of Services and not Ben Transports. You agree to be legally bound by these terms and conditions of use as they apply to your order.

1.3 If you do not wish to be bound by these terms and conditions then regrettably you may not place an order via our website.

2 Ordering 2.1 To place an order you must follow the ordering procedures set out on the order page of our website. All orders must be placed at least 48 hours in advance of your departure.

2.2 We are entitled, on behalf of the Supplier, to refuse any order placed by you. We do not guarantee to successfully allocate a Supplier to every booking request. In the event that we are unable to allocate your booking request to a Supplier, we will send an email to advise you of that fact. An alternative may be offered which may include additional charges. We will acknowledge your booking request by issuing a booking voucher on behalf of the Supplier to the e-mail address you have given us upon ordering. Supplier details will only be provided if your booking is successfully allocated. Subject to clauses 3.3, 4 and 5, the order will then be fulfilled by the Supplier on the date set out in the booking voucher.

2.3 You confirm that all details you provide to us for the purpose of purchasing the Service from the Supplier will be correct, that the credit or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Service. We reserve the right to obtain validation of your credit or debit card details before providing you with the Service. If validation cannot be obtained and payment is not made, we reserve the right to cancel the booking on behalf of the Supplier concerned who will then not perform the Service.

2.4 For bookings that are successfully allocated to a Supplier, the confirmation email of booking will be produced detailing your journey details and the Supplier’s details. The confirmation email of booking is your voucher. The client must present it to the Supplier’s driver or representative

for both the outward and return trip. It is your responsibility to check the details of your booking on the voucher prior to travel and inform us if there are any errors. We cannot be held responsible if the details entered at the time of placing your request are incorrect. You must present this to the driver at the start of your journey. The supplier can refuse the transfer if your booking voucher (the confirmation e-mail of booking) is not shown.

3 Prices and Payment Special note: Changes to and errors in advertised and confirmed prices and other website details sometimes occur. You must check the price of your chosen transfers at the time of booking.

3.1 Details of the prices for the Service, and the procedures for payment and delivery are displayed on our website. The applicable price of any Service is the price displayed on our website at the date and time of your order. The price of any Service on our website may change before you place an order. We try to ensure that our prices displayed on our website are accurate but the price on your order will need to be validated by us as part of the acceptance procedure (see clause 3.2 below). In accepting these terms and conditions once the price of the Service is confirmed, you waive your right to have the Service fare calculated on a taximeter.

3.2 We will inform you if a Service’s correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the Service at the correct price. If you cancel the order, you will receive a refund of all monies you have paid.

3.3 You must pay by credit or debit card at the time of order as set out on the order page of our website. The cards we accept are set out on the order page of our website. Some payment processors, such as Paypal and American Express, charges us a handling fee and we will pass this on to you where you make a payment.

3.4 If there are any fare changes necessary after the booking has been made, we will produce written confirmation of these changes by email. In case if the client does not want to accept the fare change, then he/she is free to cancel the booking free of charge and will be automatically refunded in full within 5 working days.

3.5 If you are booking via a Travel Agent, they are acting as a sub-agent on behalf of the Supplier. You do not have a contract with the Supplier for the supply of Services until full payment has been received by the Supplier. The Supplier will not accept any liability in respect of any confirmed Services until full payment has been received by the Supplier. Once we have received the payment from the Travel Agent, we will be able to place your booking with the Supplier.

3.6 Depending on availability, the vehicle, selected in the booking, may be replaced by a larger capacity or multiple vehicles. If the service is performed with a larger capacity, multiple vehicles, or higher class vehicle, the price will be calculated according to the customer’s selected Vehicle type. In exceptional cases, to fulfill the service, we have the right to perform the service with a lower class, but adequate capacity vehicle – in this case, the price difference will be refunded to the customer.

3.7 Additional charges may apply for already confirmed bookings in cases when the responsible national authorities have imposed extra requirements for the provision of the service (i.e. because of control of Covid-19 or other reasons) which involves additional costs. In such cases, the customer will be issued an additional invoice based on the requirements set by the responsible authorities. This invoice must be paid before the travel date.

4 Special Requests If you have any special requests please let us know at the time of booking. If you would like to make an amendment inform us by email at info@bentransports.com or calling +41 (0)22 361 78 78 during Switzerland business hours only and they will take effect from the date of receipt. We will endeavor to pass on all such requests to the Supplier, however, we cannot guarantee that they will be met and we will have no liability to you if they are not.

5 Changes and Cancellations by you Amendments can be made up to 3 days prior to the first (or only) section of your transfer date.

Any amendment requests must be sent to us in writing, by email. However, please be aware that we can only answer emails within our Switzerland office hours. Whilst we will try our best to assist, we cannot guarantee that all requests for amendments will be met. We don’t take an administration fee for amending your booking. However, you will be required to pay any difference in price for your new booking or service. Cancellations can be made up to 3 days prior to the first (or only) section of your transfer date. 20% of the transfer cost will be charged as an administrative fee.

Buses (12-seater minibusses or larger) can be canceled up to 7 days prior to the first (or only) leg of your transfer date. 20% of the transfer cost will be charged as an administrative fee. If the bus (12-seater minibus or larger) service is canceled less than 7 days before the transfer – a cancellation fee up to 100% may be charged.

Amendments and cancellations can only be accepted in accordance with the terms and conditions of the Supplier concerned. The Supplier may charge the cancellation or amendment charges shown in their booking conditions (which may be as much as 100% of the cost of the transfers and will normally increase closer to the date of departure).

6 Changes and Cancellations by the Supplier We will inform you as soon as reasonably possible if the Supplier needs to make a significant change to your confirmed Services or to cancel them. We will also use all reasonable efforts to find alternative suitable Services for you at no extra cost , but we will have no further liability to you.

7 Our Responsibility 7.1 We act as a booking agent. As such, we accept no responsibility for the actual provision of services. Our responsibilities are limited to publishing information on our website about the Services the Suppliers supply; passing on reservation information to Suppliers and informing you of any enforced changes to the terms of your booking. We accept no responsibility for any information about the transfers that we pass on to you in good faith. We accept no liability for any illness, injury, death or loss of any kind. This includes loss, damage or theft of any luggage or personal belonging you or your party may be carrying. Any claim for loss, injury, illness or death should be pursued with the Supplier directly or may be covered under the terms of your insurance. We only accept liability to you for claims which arise solely as a result of our own negligence.

7.2 Descriptions of transfers provided are taken from information provided to us by the Supplier and we do not accept responsibility for any inaccuracies in such information, nor can liability be accepted for changes to facilities which are not communicated to us by the Supplier.

7.3 The vehicle images shown in the online platform BenTransports.com are only illustrative examples. These are not connected with any right to a particular vehicle model for the booked vehicle category. The maximum number of passengers and pieces of luggage specified for a particular vehicle is an estimate based on factors such as size and weight of guests and luggage.

These are therefore not binding. The BenTransports can refuse the carriage of guests or luggage if they believe they compromise the safety conditions and regulations.

7.4 In the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of your booking (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.

7.5 Any refunds to the customers regarding cancellations, complaints, e.t.c. will be paid to the customer’s bank account within 180 days after the date when the refund is confirmed by responsible Ben Transports manager.

8 Force Majeure Force majeure means that neither we nor the Supplier will pay you compensation because of unforeseeable circumstances beyond our or the Supplier’s control. These can include, but are not limited to, accidents and related delays, unplanned marches, demonstrations and organised disruption, police operations, unforeseen road hazards, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority, industrial dispute, natural or nuclear disaster, threat of diseases, fire, adverse weather conditions or other similar events outside our or the Supplier’s control. A Force majeure situation takes effect in cases where, due to the circumstances mentioned above, the supplier is unable to provide the service, or customers perform mass cancellations due to these circumstances.

9 Your Responsibilities 9.1 It is your responsibility to travel with the booking voucher which lists arrival instructions (which differ at each airport) and all of the relevant local contact numbers in the event of an emergency and local office reconfirmation hours and contact number. This is made clear on your booking voucher and on the website. Neither us, nor the Supplier, will accept any responsibility for any loss of Service or other loss should you not travel with your booking voucher.

9.2. The driver may assist with loading/unloading your luggage, but it is your responsibility to ensure that your luggage is fully loaded and unloaded from the vehicle. Neither we nor the Supplier will accept any responsibility for the loss of your luggage if it was not loaded into the vehicle or if you left it in the vehicle after the service.

9.3 If your flight is diverted or cancelled and rescheduled for different time, we recommend that you contact our 24 hour helpline as soon as possible as they may be able to assist you in finding alternative transfer arrangements. Please note that neither we nor the supplier will be liable to pay for such alternative arrangements. Subject to their terms and conditions, it is the responsibility of the airline to transport you to your original destination airport.

9.4 You can choose from different vehicle classes, and it is your own responsibility to ensure that the selected vehicle type corresponds to the required number of passengers and the amount of luggage.

10 If you have a complaint 10.1 If you encounter a problem with your Service, please inform the Supplier, and call us using the numbers given to you on your booking voucher, and we will immediately endeavor to investigate the matter with the Supplier on your behalf and put things right. Failure to notify us concerned of your complaint at this stage will affect our ability to investigate the matter complained of, and your rights under the contract with the Supplier.

10.2 If you have any service issues upon your return, in relation to services booked with us, you should direct to Ben Transports via email at Benalia-transport@hotmail.com. Ben Transports will liaise and endeavor to resolve all service issues within 28 days of notification.

10.3 Please note that any complaints must be received in writing within 28 days of the return booking date. (If an outbound transfer only – then within 28 days of this date).

11 General 11.1 If you wish to rely on any variations to these terms and conditions, you should ensure that such variations are agreed with us in writing as soon as possible.

11.2 We may transfer or subcontract any or all of our rights and obligations under these terms and conditions at any time.

11.3 We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by the new version. You must check the terms and conditions on the website regularly. The terms governing the purchase of any Service will be the terms in place at the time of your order.

11.4 A person who is not a party to our agreement or the agreement with the Supplier has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of either agreement but this does not affect any right or remedy of another party which exists or is available apart from that Act.

11.5 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be deleted but all other terms will remain valid.

11.6 Our terms and conditions and your use of our website are governed by the laws of Switzerland, and in the event of any dispute under our contract, you agree to submit to the exclusive jurisdiction of the courts of Switzerland.

11.7 Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.

11.8 These terms and conditions, together with the privacy policy, any order form and payment method instructions, if any, replace all other terms and conditions previously applicable to the use of our website and/or sale of the Service on behalf of the Supplier.