GENERAL TERMS AND CONDITIONS – TRIP BY NOBINA

1. Scope of Application

These General Terms and Conditions apply when Nobina Europe AB, company registration number 556031-8569 ("Nobina"), provides Services or performs Assignments (as defined in the Agreement).
These General Terms and Conditions (the "Terms") constitute an appendix to the agreement (the "Agreement") entered into between the Parties.
In the event of any conflict between the Agreement and these Terms, or between the Agreement and any other arrangement between the Parties, the Agreement shall prevail, followed by these Terms.

2. Nobina's Obligations

Personnel in customer-facing roles shall always wear an appropriate uniform and present a professional appearance.
Personnel shall act in a trustworthy and professional manner and provide a high standard of service to passengers, ensuring that passengers feel welcome and safe throughout the journey and receive the information necessary for their trip.
Vehicles used in the performance of an Assignment shall always be clean, well maintained and in good operating condition when entering service. All vehicles shall comply with all applicable laws, regulations, governmental requirements and industry standards.
Nobina shall perform its obligations under the Agreement in accordance with all applicable legislation, regulations, collective bargaining agreements and governmental requirements applicable from time to time to the relevant Services and business operations.
The Assignment may, in whole or in part, be performed by subcontractors engaged by Nobina. Nobina shall remain fully responsible for the performance of its subcontractors as if the work had been carried out by its own employees.

3. Customer's Obligations and Responsibilities

The Customer shall provide Nobina with accurate and complete information, documentation and operational requirements necessary for the performance of the Assignment. Such information shall include, where applicable, schedules, opening hours, scope of the Assignment, estimated number of visitors or passengers per hour, locations, routes and any other information relevant to the Assignment.
The Customer shall provide all information and respond to any questions reasonably required by Nobina's personnel in order to perform the Assignment.
The Customer shall ensure that Nobina has access to all locations, roads and operating areas required to perform the Assignment and, where necessary, allow test driving and verification of the relevant infrastructure before operations commence.

4. Pricing

Where prices are not expressly stated in the Agreement, the following shall apply:
  • Nobina's price list in force at the time of the Assignment, without discounts.
  • Additional orders or changes requested by the Customer shall be charged in accordance with Nobina's current price list, without discounts, plus a 15% administration surcharge.
  • Any additional costs incurred shall be invoiced at cost plus a 15% service fee.
All prices are exclusive of VAT. Value Added Tax (VAT) shall be charged in accordance with applicable Swedish legislation.

5. Invoicing and Payment

Invoices shall be issued monthly based on accrued costs or upon completion of the Assignment, whichever is applicable.
The payment term is thirty (30) days from the invoice date.

6. Cancellation and Rescheduling

The Customer may cancel or reschedule an Assignment at any time unless otherwise agreed in the Agreement.
The following cancellation charges shall apply:
  • Cancellations made less than seventy-two (72) hours before the scheduled commencement of the Assignment shall be charged at one hundred percent (100%) of the agreed compensation for the Assignment.
  • Cancellations made less than five (5) calendar days before the scheduled commencement of the Assignment shall be charged at fifty percent (50%) of the agreed compensation for the Assignment.
  • Cancellations made more than five (5) calendar days before the scheduled commencement of the Assignment shall only be charged for documented and verifiable costs already incurred, including, but not limited to, reservations, rental agreements and purchased materials.
Requests to reschedule or amend an Assignment may be accommodated subject to the availability of vehicles and drivers. Nobina shall also take into account applicable legislation regarding drivers' working hours and driving and rest time requirements.
Any approved amendments shall be priced in accordance with Section 4 (Pricing), unless otherwise agreed in writing by the Parties.

7. Assignment of Rights and Obligations

Nobina shall be entitled to assign, transfer or otherwise delegate, in whole or in part, its rights and/or obligations under the Agreement without the Customer's prior consent.
The Customer may not assign, transfer or otherwise delegate its rights and/or obligations under the Agreement without Nobina's prior written consent.

8. Force Majeure

Nobina shall not be liable for any failure or delay in performing its obligations under the Agreement or these Terms where such failure or delay is caused by circumstances beyond Nobina's reasonable control.
Such circumstances include, but are not limited to, fire, flood or other natural disasters, war, acts of terrorism, strikes or other industrial action, interruption, disruption or delay affecting telephone, internet or other communication services, interruption of public transport infrastructure, accidents, explosions, civil unrest, changes in legislation, governmental actions or decisions, or any other event beyond Nobina's reasonable control.
Where a Force Majeure event prevents or substantially delays the performance of the Agreement, the affected Party shall notify the other Party without undue delay. The Parties shall use reasonable efforts to minimise the consequences of such event and resume performance as soon as reasonably practicable.

9. Cooperation and Contact Persons

The Parties shall establish and maintain a contact list containing, at a minimum, the names and telephone numbers of authorised representatives responsible for bookings and operational changes, the operational coordinator responsible during service hours, and designated contacts for media relations and crisis management.
Following completion of the Assignment, the Parties shall conduct a joint debriefing in order to review the outcome of the Assignment, evaluate performance and identify lessons learned and opportunities for future improvements.

10. Processing of Personal Data

Personal data shall be processed in accordance with applicable data protection legislation, including the General Data Protection Regulation (GDPR), and Nobina's Privacy Policy.
In order to provide certain Services, Nobina may need to share personal data, such as names, email addresses or telephone numbers, with relevant subcontractors or business partners where necessary for the performance of the Services.
Further information regarding Nobina's processing and sharing of personal data is available in Nobina's Privacy Policy.
Where personal data is processed on behalf of either Party within the scope of the Agreement, the Parties shall enter into Nobina's applicable Data Processing Agreement (DPA).

11. Term

The Agreement shall enter into force on the date of signature by both Parties and shall remain in effect until all contractual obligations, including all payments due, have been fully performed, unless otherwise agreed in writing.

12. Governing Law and Dispute Resolution

The Agreement and these Terms shall be governed by and construed in accordance with the laws of Sweden.
The Parties shall first seek to resolve any dispute, controversy or claim arising out of or in connection with the Agreement through good faith negotiations.
Should the Parties fail to reach an amicable settlement, the dispute shall be finally resolved by the Swedish general courts, with Stockholm District Court (Stockholms tingsrätt) serving as the court of first instance.