Terms and Conditions of Service
TERMS AND CONDITIONS OF SERVICE
These Terms and Conditions of Service (hereinafter, the “T&C”) govern the purchase and use of passenger transportation services and ancillary services offered through the “Transfer & Cruise” platform, available at the following link: https://transferandcruise.com/ (hereinafter, the “Platform”) by users who qualify as consumers under applicable law, limited to those services for which International Shore Services Sàrl is designated as the contractual service provider.
The service is provided by International Shore Services Sàrl, located at Rue du Conseil-Général 14, 1205 Geneva (Switzerland), which offers services related to the organization of excursions, guided tours, tourist assistance, and passenger transportation. The company is registered in the Commercial Register of the Canton of Geneva under ID CHE-241.222.668. Tel. +41223201837, email: contact@interss.ch– Tax Representative for Italy: Studio Colombo e Associati, Via San Damiano 9, 20122 Milan, VAT No. 10760520964, compliant with European regulations under the Non-EU One-Stop-Shop (Non-EU OSS) regime, hereinafter referred to as ISS (hereinafter,“ISS”or the“Supplier”)
These Terms and Conditions apply exclusively to the relationship between ISS and the passenger/end customer who purchases a service through the Platform (“Customer” or “Passenger”) and do not govern any professional or commercial relationships between ISS and travel agencies, tour operators, or other authorized intermediaries.
Any services provided by third-party partners or carriers that are accessible through the Platform are also excluded from the scope of these Terms and Conditions; such services are subject to the contractual terms and conditions of the relevant provider or carrier, which are made available on the service page or during the purchase process.
The purchase of the Services and the creation of an account on the Platform are permitted exclusively to individuals who are of legal age and legally competent under applicable law; provided, however, that the Services may also be used by minors accompanied by an adult, within the limits and subject to the conditions set forth in these Terms and Conditions.
The purchase of a service through the Platform constitutes the Customer’s full and binding acceptance of these Terms and Conditions.
Table of Contents
- Definitions
- Purpose of the Service and Scope of Application
- Create an account
- How to Purchase the Service and Conclusion of the Contract
- Ticket, Service Access, and Terms of Use
- Transportation of Minors, Safety, and the Accompanying Adult’s Responsibilities
- Transportation of people with disabilities or limited mobility
- Luggage
- Customer Conduct Guidelines, Safety, and Vehicle Use
- Transportation of animals
- Non-discriminatory contractual terms
- Cancellation of the Service by the Passenger
- ISS's Liability and Limitations of Liability
- Complaints and Issue Management
- Intellectual property rights
- Changes to the Terms and Conditions of Service
- Governing Law
- Final Provisions
Definitions
For the purposes of these Terms and Conditions, the terms listed below have the meanings assigned to them:
- User: any person who accesses, views, or uses the Platform, even if solely for the purpose of obtaining information or without purchasing any Services.
- "Customer" or "Passenger" means any individual who purchases and/or uses a Service through the Platform, acting for purposes unrelated to their business, commercial, craft, or professional activities.
- ISS International Shore Services Sàrl, as identified in the introduction.
- The Platform refers to the website https://transferandcruise.com/ and any digital tools, applications, or online channels associated with the Transfer & Cruise brand, through which Users can view the Services and Customers can book and purchase the Services.
- Service or Services: passenger transportation services and any ancillary services marketed directly by ISS through the Platform and subject to these Terms and Conditions.
- Transportation Service: the passenger transportation service provided via buses, minibuses, vans, or cars, marketed by ISS through the Platform and operated by ISS or, where applicable, by third-party carriers duly authorized in accordance with applicable regulations.
- A third party, separate from ISS, responsible for the actual provision of the transportation service marketed by ISS.
- Ticket or Travel Document: the document, including in electronic format, issued following the purchase of the Service by ISS, which entitles the Customer to use the Transportation Service and contains essential information regarding the trip.
- Third-Party Services: services offered by entities other than ISS, which may be accessible via links, integrations, or redirects on the Platform, including, but not limited to, private transfer services provided through the partner platform Mozio Inc., for which ISS does not act as a contracting party vis-à-vis the Customer and to which these T&Cs do not apply, with the contractual terms of the relevant provider or carrier remaining applicable.
Purpose of the Service and Scope of Application
- These Terms and Conditions govern access to and use of the Platform, as well as the contractual terms applicable to the Customer’s purchase and use of the Services.
- Through the Platform, ISS organizes and/or markets ground passenger transportation services, including group transportation, as well as any ancillary services closely related to transportation.
- The contract for the Services is entered into exclusively between ISS and the Customer, even if the actual performance of the Service is entrusted to third-party carriers duly authorized under applicable law. It is understood that these T&Cs apply exclusively to services marketed directly by ISS through the Platform. Any services provided by third-party partners or third-party carriers accessible through the Platform are governed by the contractual terms of the relevant provider or carrier, which are made available on the service page or during the purchase process.
- The Services are intended solely for the Customer’s personal use and may not be used for commercial or professional purposes, unless expressly authorized in writing by ISS.
- These Terms and Conditions of Service do not apply to services provided by third parties other than ISS that may be accessible through the Platform, nor to professional or commercial relationships between ISS and travel agencies, tour operators, or other authorized intermediaries, which remain governed by separate contractual agreements.
Create an account
- Users can access the Platform even without creating a personal account.
- Certain features of the Platform may be available only to Users who have created a personal account by registering their information, in accordance with the procedures outlined on the Platform.
- The User warrants that the information provided during registration is true, complete, and up-to-date, and agrees to keep it that way for the entire duration of their use of the Platform. The User is responsible for any activity carried out through their account.
- Account login credentials are personal and non-transferable. The User agrees to safeguard them with the utmost care and not to allow third parties to use them. ISS shall not be liable for any damages resulting from unauthorized use of the account attributable to the User.
- ISS reserves the right to suspend or deactivate the User’s account, in whole or in part, in the event of: a) a violation of these Terms and Conditions; b) use of the Platform in an unlawful manner or in violation of applicable laws; c) the provision of false, incomplete, or outdated information; d) use of the account for unauthorized commercial or professional purposes.
- Creating an account does not automatically result in the purchase of any Services. The contract for the Services is deemed to be concluded solely in accordance with the terms set forth in the following Article.
How to Purchase the Service and Conclusion of the Contract
- Services may be purchased exclusively through the Platform, in accordance with the procedures specified on the Platform at the time of purchase, after selecting the desired Service and entering the required information.
- In order to complete the purchase, the Passenger must carefully review the details of the selected Service, including, but not limited to, the route, date, time, number of passengers, and any other information relevant to the provision of the Service.
- The contract for the Service is deemed to be concluded when the Passenger receives confirmation of the booking from ISS at the email address provided during the purchase process.
- Upon conclusion of the contract, ISS will issue the Ticket in electronic format, which serves as proof of entitlement to use the Service. The Ticket is sent to the Passenger in accordance with the procedures indicated on the Platform and is also made available through any digital channels provided by ISS.
- The Passenger is required to promptly verify the accuracy of the information on the Ticket and to report any errors or discrepancies without delay in accordance with the procedures specified on the Platform. Failure to do so shall be deemed to constitute acceptance that the Ticket has been issued correctly.
- The Service is considered fully performed and concluded at the moment the Passenger exits the vehicle used for the Transportation Service.
Ticket, Service Access, and Terms of Use
- The Passenger is entitled to use the Service only if he or she is in possession of a valid Ticket, issued upon the conclusion of the contract in accordance with these Terms and Conditions, for the specified route, date, and time.
- The Ticket may also specify the entity responsible for the actual provision of the Transportation Service, if different from ISS. In such cases, the specified carrier is responsible for the actual provision of the service, provided that the contractual relationship with the Customer remains governed by these Terms and Conditions in cases where the Service is marketed by ISS.
- The ticket must be retained for the entire duration of the trip and presented, in paper or electronic form, upon request by personnel authorized by ISS or the Carrier to provide the Service.
- In order to access the Service, the Passenger must arrive at the meeting point indicated on the Ticket well in advance of the scheduled departure time, as specified on the Ticket itself and/or in the operational communications provided by ISS.
- Failure to comply with the instructions regarding the meeting location, check-in times, or procedures for accessing the Service, as well as any delay on the part of the Passenger, will result in the loss of the right to use the Service, without giving rise to any refund, indemnity, or compensation, unless otherwise provided by applicable law.
- With regard to any transportation services related to disembarkation from cruise ships, the Passenger acknowledges that the schedule indicated on the Ticket is to be considered purely indicative, as it is subject to the ship’s operations and timing. In such cases, the Passenger is required to strictly follow the operational instructions provided on board the ship and/or communicated by ISS prior to disembarkation.
- ISS and/or the Carrier shall not be held liable for delays, schedule changes, or failure to use the Service resulting from the Passenger’s failure to comply with the operational instructions received, or from circumstances beyond ISS’s control, such as, for example, port operations, traffic conditions, force majeure events, or directives from the competent authorities.
- Passengers are responsible for planning their own travel, allowing sufficient time for any connections with other modes of transportation. Passengers are solely responsible for choosing connections that do not allow them to comply with the Service’s schedules and boarding procedures.
Transportation of Minors, Safety, and the Accompanying Adult’s Responsibilities
- The transport of minors is permitted only in compliance with the safety requirements set forth in applicable regulations and the provisions contained in these Terms and Conditions.
- Children under the age of 14 (fourteen) are not permitted to use the Service unless accompanied by an adult, who assumes full responsibility for supervising the child, ensuring the child’s proper conduct, and ensuring compliance with safety requirements during the trip. Therefore, minors may use the Service only if accompanied by an adult who exercises parental or guardianship responsibility over them, or by another adult who has been expressly authorized. If requested by ISS or the Carrier, such authorization must be documented in writing.
- The accompanying passenger is required to ensure that any minors being transported use, where required by applicable regulations, appropriate restraint and safety systems that comply with legal requirements and are compatible with the vehicle being used. Such restraint systems must be provided by the person accompanying the minor.
- ISS and the Carrier do not provide child restraint systems and assume no responsibility for the suitability, regulatory compliance, or proper use of safety devices brought on board by the accompanying Passenger.
- In the event of non-compliance with child safety regulations, including the absence or unsuitability of the required restraint systems, ISS and/or the Carrier reserve the right to deny access to the Service, where necessary to ensure the safety of passengers and the transport, without this giving rise to any refund or compensation.
- It is understood that liability for any damages, penalties, or consequences resulting from failure to comply with safety regulations regarding the transportation of minors rests solely with the accompanying adult.
Transportation of people with disabilities or limited mobility
- ISS guarantees, to the extent permitted by applicable law, access to the Services for people with disabilities or reduced mobility at no additional cost, unless such access is objectively impossible or cannot be provided safely due to the configuration of the vehicle, the infrastructure, or the nature of the Service.
- Passengers who require assistance, or who are traveling with mobility aids, must submit a prior request for authorization to ISS by completing the appropriate form available at the following link: https://transferandcruise.com/assistenza/, providing complete and accurate information regarding the nature of their disability, their assistance needs, and the characteristics of any mobility aid they use.
- In particular, in order to determine whether transportation is possible, the Passenger must provide advance notice of the specifications of any wheelchair or other mobility aid, including, but not limited to, its dimensions, weight, and folding mechanism.
- For safety reasons, wheelchairs or other mobility aids may be transported in the cargo hold only if they are foldable and non-electric, unless otherwise expressly indicated by ISS. The Passenger acknowledges that the loading, stowage, and transport of wheelchairs or other mobility aids are the sole responsibility of the Passenger, and that ISS and/or the Carrier are not liable for any damage, deterioration, or malfunction of the transported aids. Prior to boarding the vehicle, the Passenger may be required to sign a liability waiver regarding the transport of the mobility aid.
- In the absence of the prior notification referred to in the preceding paragraphs, or if the information provided is incomplete or untrue, ISS and/or the Carrier reserve the right to deny access to the Service, if necessary to ensure the safety of the transport, without this giving rise to any refund or compensation.
- The Passenger acknowledges that ISS and the Carrier assume no liability for any limitations, delays, or inability to provide the Service resulting from safety requirements related to a disability or reduced mobility that were not previously reported.
- It is understood that the assistance provided by ISS or the Carrier does not in any way constitute an assumption of liability beyond that provided for by applicable law and these Terms and Conditions.
Luggage
- The Passenger is entitled to free baggage allowance within the limits regarding quantity, dimensions, and weight specified in these Terms and Conditions, on the Ticket, and/or in the operational information provided by ISS via the Platform.
- For the purposes of these Terms and Conditions, luggage is classified as follows: a) carry-on luggage, which must be kept in the Customer’s/Passenger’s custody during the trip; b) checked luggage, which must be placed in the designated compartments of the vehicle.
- Carry-on baggage. Unless otherwise specified by ISS, passengers are entitled to transport, free of charge and under their own sole responsibility and custody, one piece of carry-on baggage with maximum dimensions of 40 × 30 × 15 cm and weighing no more than 5 kg, to be placed in the designated overhead compartment or in the interior of the vehicle, if available.
- Checked baggage. Passengers are also entitled to the free carriage of one piece of checked baggage with a maximum total dimension of 140 cm (calculated as the sum of length, depth, and width) and weighing no more than 23 kg. Checked baggage must be properly packed and labeled with a tag clearly and legibly indicating the Passenger’s name, destination, and telephone number. If these requirements are not met, ISS and/or the Carrier reserve the right to refuse to transport the baggage.
- Special baggage – strollers. Strollers are transported free of charge as special baggage, provided they are foldable and compatible with the vehicle’s specifications and load capacity. Strollers that are not foldable or compatible cannot be transported.
- Contents of Baggage – Prohibitions. Passengers are prohibited from placing in their baggage items that may cause harm, such as prohibited, dangerous, or harmful goods or substances, flammable or explosive materials, liquids in general, as well as perishable items. It is also strictly prohibited to transport high-value items and/or fragile items that cannot withstand compression in checked baggage. In the event of a violation, ISS and/or the Carrier may lawfully refuse to transport the baggage and/or seek compensation from the Passenger for any damage caused to persons, property, or other baggage.
- Exclusions – Valuables. ISS and the Carrier shall not be liable for the loss, theft, or damage of cash, documents, valuables, and/or fragile items, unless such items have been handed over to the Carrier with a specific declaration of value accepted by the Carrier.
- Liability for Checked Baggage. The Carrier is liable for the loss of or damage to checked baggage entrusted to the Carrier, up to a maximum limit of €8.00 (eight/00) per kilogram, or up to the higher amount specified in the Passenger’s declaration of value accepted by the Carrier, subject to the limits and conditions set forth in applicable law. No automatic compensation or indemnity is provided; the Passenger is entitled to compensation only for damages that are actually proven, within the limits of the law.
- Reporting of Loss or Damage. Loss or damage to baggage must be reported, under penalty of forfeiture: a) at the time of delivery, in the case of apparent loss or damage; or b) within three (3) days, in the case of non-apparent loss or damage, in accordance with the procedures specified by ISS and/or the Carrier. In the event of theft, loss, and/or mix-up of baggage stored in the hold or luggage compartment, the Passenger is required to report it to the designated staff upon arrival.
- Items found on board. ISS and the Carrier assume no liability for items left behind on board the vehicle. Any items found will be held for a maximum of 7 (seven) days and subsequently disposed of in accordance with applicable laws.
Customer Conduct Guidelines, Safety, and Vehicle Use
- The Customer is required to cooperate with ISS and the Carrier to ensure the safety of the journey and the proper performance of the Service, complying with the applicable regulations governing access to vehicles and facilities, as well as the instructions given by the onboard staff.
- While using the Service, the Customer must refrain from any behavior that may cause disturbance, discomfort, or danger to other passengers, the onboard staff, or the vehicle. In particular, the following are prohibited onboard the vehicle: a) speaking to, distracting, or interfering in any way with the driver while driving; b) disturbing other passengers; c) occupying more than one seat; d) compromising, even potentially, the smooth operation and safety of the journey; e) leaving one’s seat while the vehicle is in motion, unless otherwise instructed by the onboard staff; f) consuming food on board the vehicle; g) smoking on board the vehicle, including electronic or non-combustion devices.
- Passengers are required to wear seat belts and any other required restraint devices whenever they are seated and the vehicle is in motion, in accordance with the instructions of the onboard staff and the signage displayed on the vehicle.
- The Customer is liable to the Carrier and/or ISS for any damage caused to the vehicle, its furnishings, onboard equipment, and personnel, as well as for any damage caused to other passengers and their property during transport.
- Smoking is prohibited inside the vehicle, including the use of electronic or non-combustion devices, both in the passenger compartment and in any enclosed spaces (including restrooms and cabins). Failure to comply with this prohibition will result in the application of penalties provided for by applicable law, without prejudice to the Customer’s/Passenger’s additional liabilities under these Terms and Conditions.
- If the vehicle is equipped with onboard restroom facilities, these are made available to customers/passengers, who are required to use them with care and in accordance with hygiene standards.
- For nighttime trips and/or trips lasting more than 6 (six) hours, one or more stops will be made at equipped rest areas to allow passengers to use the restroom and purchase refreshments. Unless otherwise indicated by the onboard staff, the duration of these stops is set at 15 (fifteen) minutes.
- In the event of a violation of these rules of conduct or behavior that compromises the safety of the trip or the proper performance of the Service, ISS and/or the Carrier reserve the right to take any measures deemed appropriate, including excluding the Customer from the Service, reporting the matter to the competent authorities, and seeking compensation for any damages incurred.
Transportation of animals
- Live pets are not permitted on board vehicles used to provide the Service.
- Notwithstanding the provisions of the preceding paragraph, only guide dogs assisting blind or visually impaired customers, as well as emotional support animals, are permitted on board, in accordance with applicable regulations.
- Customers who wish to travel with a guide dog must notify ISS in advance, following the procedures outlined on the Platform, to allow for the necessary operational checks.
Non-discriminatory contractual terms
- ISS applies its contractual terms and service rates to passengers in a non-discriminatory manner, neither directly nor indirectly.
- In particular, the terms and conditions of the contract and the fares are not determined on the basis of the passenger’s nationality, nor of the place of establishment of the carrier or the seller of the tickets within the European Union, in accordance with applicable law.
Cancellation of the Service by the Passenger
- The Passenger may cancel the purchased Service before it begins, in accordance with the procedures specified by ISS on the Platform.
- In the event of cancellation of the Service by the Passenger, a cancellation fee will be charged, calculated as a percentage of the Ticket price based on the time elapsed between the date of notification of cancellation and the scheduled date of the Service, as follows: more than 60 (sixty) days prior to departure: 10% of the Ticket price; 59 (fifty-nine) to 30 (thirty) days prior to departure: 25% of the Ticket price; 29 (twenty-nine) to 22 (twenty-two) days prior to departure: 40% of the Ticket price; from 21 (twenty-one) to 15 (fifteen) days prior to departure: 60% of the Ticket price; from 14 (fourteen) to 6 (six) days prior to departure: 80% of the Ticket price; from 5 (five) to 0 (zero) days before departure: 100% of the ticket price.
- If a cancellation is notified after the departure time indicated on the Ticket, or if the Passenger fails to appear at the place and time specified for the provision of the Service, the Ticket shall be deemed completely void and no refund shall be due.
- Any refund due to the Passenger, net of applicable penalties, will be issued using the same payment method used to purchase the Ticket, unless otherwise agreed with ISS.
- It is understood that, since these are passenger transportation services with a specific date or period of performance, any rights to free cancellation provided for by consumer protection laws for other types of services do not apply.
ISS's Liability and Limitations of Liability
- ISS shall not be liable for any failure to perform or delay in the performance of the Service if such failure or delay is caused by unforeseeable circumstances, force majeure, or events that cannot be foreseen or avoided through the exercise of ordinary diligence, including, but not limited to, accidents, traffic conditions, regulatory actions, adverse weather conditions, strikes, delays or impediments related to port or airport operations.
- Except in cases of willful misconduct or gross negligence, ISS assumes no liability for: a) the exchange, theft, or loss of the Passenger’s baggage; b) damage or increased damage resulting from improper packing of baggage; c) damage to the Passenger or their luggage resulting from negligent conduct or conduct by the Passenger that does not comply with these terms and conditions.
- Passengers are entitled to compensation for death, personal injury, and loss of or damage to baggage resulting from an accident occurring while using the vehicle provided for the Service, subject to the limits and conditions set forth in applicable law and, in particular, in Regulation (EU) No. 181 of 2011.
- There is no automatic compensation or indemnification: the Passenger is entitled only to compensation for damages that have been actually proven, within the limits established by law.
- In the event of an accident occurring during the provision of the Service, ISS will provide the Passenger with reasonable assistance commensurate with the immediate practical needs arising from the incident. The assistance provided does not in any way constitute an acknowledgment or admission of liability.
Complaints and Issue Management
- Passengers may file complaints or reports against ISS in the event of an alleged violation of the provisions of Regulation (EU) No. 181 of 2011 concerning the rights of passengers in bus transport, in accordance with the procedures specified by ISS on the Platform and in the dedicated support section.
- In accordance with applicable law, complaints must be filed within 3 (three) months of the date on which the Service was provided or should have been provided.
- ISS will notify the Passenger of the receipt of the complaint within 1 (one) month of the date of receipt and will provide a final response within 3 (three) months of that date.
- To be admissible, complaints must include at least the following information: a) the identifying details of the Passenger and any representative; b) details of the service provided or scheduled, as well as the ticket purchased; c) a clear and detailed description of the alleged non-compliance of the service with applicable regulations or these Terms and Conditions of Service.
- If ISS fails to meet the response deadlines set forth in Article 13.3 above, the Passenger is entitled to automatic compensation, proportional to the Ticket price, in the amount of: (i) not less than 10%, if a response is provided between the 91st (ninety-first) and the 120th (one hundred and twentieth) day following receipt of the complaint; (ii) equal to 20%, if no response is provided by the 120th (one hundred and twentieth) day following receipt of the complaint.
- The compensation referred to in the preceding article is not payable if: a) the amount of compensation is less than €4.00 (four/00); b) the complaint was not submitted in accordance with the prescribed procedures, minimum content requirements, or deadlines; c) the Passenger has already received compensation in connection with a complaint regarding the same Service.
- If 90 (ninety) days have passed since the complaint was submitted to ISS and the Passenger has not received a final response, the Passenger may seek alternative dispute resolution or file a complaint with the Transport Regulatory Authority, in accordance with the procedures set forth in applicable law.
- If the complaint concerns the provision of services by third-party carriers, ISS will provide the passenger with the contact information of the carrier that provided the service, to whom the complaint should be addressed.
Intellectual property rights
- All intellectual and industrial property rights relating to the Platform, the Services, and their content are the exclusive property of ISS or their respective owners.
- The purchase or use of the Services does not entail the transfer or grant of any intellectual property rights to the Passenger, who is authorized solely to use the Service within the limits of these Terms and Conditions of Service.
- Any use, reproduction, or distribution of the Platform’s content is prohibited without the prior written consent of ISS or the owner of the relevant rights.
Changes to the Terms and Conditions of Service
- ISS reserves the right to modify the Terms and Conditions at any time.
- The changes take effect on the date they are published on the Platform and apply only to Services purchased after that date.
- For Services purchased prior to the publication of the changes, the Terms and Conditions of Service in effect at the time of purchase will continue to apply.
Governing Law
- These Terms and Conditions of Service are governed by Swiss law.
- In any case, the mandatory provisions of consumer protection laws remain fully applicable, in particular those that may apply to consumers residing or domiciled in a Member State of the European Union, including those relating to jurisdiction and the remedies available to the Passenger.
Final Provisions
- The purchase and use of the Services constitute the Passenger’s full and binding acceptance of these Terms and Conditions of Service.
- If any provision or provisions of these Terms and Conditions of Service are held to be invalid, unenforceable, or inapplicable, in whole or in part, such invalidity, unenforceability, or inapplicability shall not affect the validity, enforceability, and applicability of the remaining provisions, which shall remain in full force and effect.
- ISS’s failure to exercise or delay in exercising any right shall not constitute a waiver of such right, nor shall it preclude the exercise of any other or additional rights provided for in these Terms and Conditions of Service or under applicable law.