Conditions of travel
Pursuant to article 56 of the Tourism Act („Sl. glasnik RS“ no. 36/2009 i 88/2010-84/2015) and dated November 15th 2017, the director of Serbika Health doo Beograd establishes the following
CONDITIONS OF TRAVEL
- Pre-contract Notification: By signing of the standard contract – confirmation of travel (hereinafter: Agreement), with a signature for all passengers in contract (hereinafter: The Travel consumer) confirms that they had received these general conditions of travel (hereinafter: General Conditions), travel Guarantee certificate and pre-prepared and published Itinerary.
The provisions of these General Terms and Conditions constitute an integral part of the contract between the Travel consumer and the TA “Serbika Health doo Beograd” as a travel agency (hereinafter:Organizer) and are binding for both parties, except for the provisos defined by a special written contract or program.
Before the conclusion of the Agreement the organizer may at any time alter the description of their services Program and inform the travel consumer within a reasonable time, without delay, in writing, on paper and another durable medium of record, so to as the traveler and organizer can state in accordance with the final statues that prior to the conclusion of the Agreement the travel consumer had been warned of all potential changes of the data in the program within a reasonable time notice prior to the conclusion of the Agreement.
In case of differences between the Travel consumers Application and the amended proposal of the Organizer, the new program is considered a new proposal and obliges the Organizer over the next 48 hours. Should the travel consumer fail to inform the Organizer by the specified deadline whether they accept the amended Program – offer, the Agreement will be deemed terminated. The tour Organizer will have, before signing the contract, informed travel consumers of the names and addresses of the Individuals with whom he is to sign a contract on warranty of travel, in case of insolvency and damages.
- APPLICATION, PAYMENTS AND CONTRACT: The Application is submitted by the travel consumer in writing or on a durable medium format or via e-mail or fax. The travel consumer can can apply for Travel arrangements of choice at the headquarters, branches or separate special areas of the Organizer, as well as at travel agencies that have concluded an agreement on indirect sales trips with the Organizer (hereinafter: the Broker).
A broker who offers for sale and sells tourist travel is required to state the capacity in which they act in the travel program and the travel confirmation. (Art. 58 of the TA). The travel consumers Application shall take effect when confirmed with the conclusion of the Agreement in the manner in which the Application had been made and by advance payment amounting to 50% of the package price unless otherwise agreed. The rest of the agreed price, unless otherwise agreed, is to be paid 15 days before departure. If the travel consumer has not completed the payment in full within this timeframe, it is considered that the trip is canceled in accordance with Section 12 of the General Conditions.
Each advance payment shall be marked as payment for all travel consumers, not just for one particular passenger from the Agreement. Once the Agreement had been concluded, the program (previously published or subsequently amended) becomes an integral part of said contract and can not be altered unless the contracting parties express otherwise or if changes occur due to force majeure. In case of cancellation or amendment of contracts, notice provisions and amendments are applicable to all of the travel consumers cited in the Agreement. For the timeliness of payments prevail, the date of payment to the account of the Organizer or agents is applicable. In case of untimely payment in full, advance payment or payment of the remaining part of the payment arrangements, the tour organizer can withdraw from the contract and claim compensation in accordance with paragraph 12 of these General Terms and Conditions.
- OBLIGATIONS AND RIGHTS OF THE ORGANIZER: The special requirements of travel consumers with which the sole organizer agreed, except for services under the Program, shall be entered in the Agreement:
– payment of a proportional real difference between the contracted price and the price of travel decreased in proportion to the non-execution or incomplete execution of the Agreement (hereinafter: the reduction rates) on the occasion of timely and reasonable written objections – complaints of travel consumers, in accordance with the law and these terms and conditions, unless there should be omissions in the execution of the Agreement incurred by the travel consumer’s fault or attribution to a third party that was not contracted as a direct service provider in the implementation of the Program, the operation of force majeure or unforeseen events in which the organizer has no influence and whose consequences are inevitable despite application of due care or other events that the organizer could not foresee and overcome,
– in accordance with good business practice in this area to ensure the rights and interests of travelers
– Before departure, name, address and telephone number of the local representative or local agency – partners will be provided, and exceptionally, where appropriate, an address and telephone number of the organizer for necessary assistance to the travel consumer;
– Not to be liable for services provided to the Passenger by other persons outside of the Program, especially not to be responsible for medical services that can be provided within or outside the program, and which are the sole responsibility of the person that directly provides the Traveler with such service
-All oral and any other types of information, which differ from those contained in the Program Agreement or special contract and these terms and conditions, do not bind the Organizer and can not be a basis for highlighting objections or complaints of travel consumers.
- OBLIGATIONS AND RIGHTS OF TRAVEL CONSUMERS:
– To know in detail, as well as all persons under the Agreement, the program and the terms and conditions and guarantees of travel, to bring attention to the particular requirements not covered by the published program,
– To provide themselves optional travel insurance policies, because the same are not provided for them or accounted for by the organizer,
– To pay the agreed price under the conditions, deadlines and in the manner envisaged in the Agreement
– To timely deliver accurate and complete information and documents required for the organization of travel to the organizer and guarantee that they, their ID, luggage et al. meet the conditions determined by the regulations of our, transit and destination, country (border, customs, sanitary, monetary and other regulations)
– To compensate for damages inflicted to the direct service providers or third parties by violation of laws and regulations and these General Terms and Conditions,
– To timely name another person to travel instead of them, compensate the Organizer for the actual costs caused by the replacement and to jointly and severally accept liability for the unpaid portion of the agreed price
– To immediately communicate justified complaints, onsite and in writing, to the Organizer or persons listed in the travel documents
– To inform oneself about countries of high or moderate risk, prior to the conclusion of contract, via web site of the Ministry of Foreign Affairs of the Republic of Serbia (www.msp.gov.rs) and/or other means;
– To be informed by authorized representatives of the Organizer of the exact time of departure and return at least 24 hours prior to the journey, but not earlier than 48 hours.
- PRICES AND CONTENT: The prices are denominated in foreign currencies and the calculation of payments shall be made in dinars according to the selling rate of commercial banks of the Organizer on the date of payment or at the exchange rate specified in the Program, unless otherwise agreed. Prices are formed on the basis of the business policy of the Organizer and can not be the subject of travel consumer complaints.
The payment of services performed abroad (which are not pre-arranged and paid for in advance) is to be made on site directly to the service provider, by the travel consumer.
Price named in the Contract includes, a pre-prepared and published combination of at least two or more of the following services of average quality common for the given destination and facilities including: accommodation, food, transport, preparation and organization of travel, which are contracted with a unique price the passenger pays for (hereinafter: standard services).
The Price of the arrangement does not include, unless something has not been especially contracted (hereinafter: special contract), the following costs: airport and port taxes, local tour guides – representatives of the organizer, tour animators, facultative programs, medical services, use of sun loungers and parasols, obtaining visas, tickets for objects and events, insurance of passengers and baggage, room service, the use of room bars, air conditioning, recreational, medical, telephone et al. services, reservations of special seats in vehicles, the cost of accommodation in a single room, rooms with special features (view, floor, size, balcony, etc.), additional meals et al. (hereinafter: special services).
The Broker is not authorized to arrange special services not provided for in the Program on behalf of the organizer.
Terms that are related to the discount for children as well as to other benefits which are provided in the program are determined by direct service providers and the same should be interpreted restrictively (eg. For children under two years of age, the relevant calendar date when the child reaches the age of two years compared to the first day of the journey and not the date of conclusion of the contract). In the case of wrongly listed ages of travel consumers organizer reserves the right to charge the difference to the full price of the travel.
The price does not include and the Organizer can not be held liable to the travel consumer for facultative and subsequently performed services, which are carried out by a foreign partner, ie, a direct service provider, that were not anticipated in the Program or a special contract, nor for the participation of travel consumers in sports and other leisure activities.
- PRICE CHANGES AND THE TRAVELER’S RIGHT TO CANCEL: If the traveler cancels a journey in a timely fashion (90-46 days) – The organizer has the right to demand compensation for incurred administrative costs. The Organizer may require increase of the agreed price before the beginning of the travel if there has been a change in currency exchange rates after the conclusion of the Contract, when the price is expressed in dinars, immediately upon learning that there was an increase in the price of the service provider. In case the agreed price is increased by the Organizer, the Traveler has the right to: require replacement for a similar program free of charge from the offer of the Organizer or may, by written cancellation terminate the contract without compensation. If within a reasonable time, not longer than 48 hours, the travel consumer fails to inform the organizer in writing that they accept the change of the agreed price, the agreement is considered to have been terminated. Subsequent price reductions of given programs can not be applied to contracts already concluded and can not be the basis of any travel consumer’s objection to the Organizer.
- SERVICE DESCRIPTION:
All services listed in the program imply average quality standard services, common and specific to particular destinations, places and objects. If an individual travel consumer wants some additional services outside the program, such services require a special contract.
The organizer is not responsible for the description of services in catalogs – publications or on Websites of mediating agents (brokers) and direct service providers (eg. Hotel, airline, medical facilities et al.), unless the travel consumer in question was specifically addressed to them. The organizer is responsible only for descriptions of services contained in its programs, or on its website.
Accommodations and units, means of transport and other services are described according to the official country of domicile at the time of publication of the Program; they are different and are not comparable by destination, or within the same destination. Food, comfort and quality services depend primarily on the price of the package, the chosen destination and categorization specified by local-national legislation and are beyond the control and influence of the Organizer.
Start and end dates of the travel stated in the program do no explicitly imply all-day-stays of travel consumers in the accommodation facility or destination. Times of departure or arrival and check-in/check-out of travel consumers from the accommodation facilities are conditioned by the procedures at customs, road conditions, permits of the competent authorities, technical and weather conditions or force majeure that may affect the time of departure of aircraft and other transportation sources. These are elements which the organizer can not control or influence, and therefore in such cases, the organizers are not responsible.
The first and the last day of the program are designated for the journey and do not imply staying in a hotel or location of choice – these dates only mark the calendar day of the beginning and the end of the trip, therefore the organizer is not responsible for the evening, night or early morning flights, checking into accomodations late in the evening, or leaving them in the early morning hours and the like.
Regarding flight arrangements, the agreed time of the beginning of the trip is set for meeting travel consumers at the airport, which should be at least two hours before the first published time of departure by the airline. In the case of delays or rescheduling of the flight departure times, the organizer bears no responsibility. In such situations national and international regulations in the field of air transport are applicable. As a rule, departure – arrival, takeoff – landing of the plane with charter flights are set in the late evening or early morning hours, and if, for example an agreed initial or final meal is provided in the form of so-called “Cold meal” in the accommodation facility, it is considered that the Agreement is in its entirety executed.
Services of a tour guide, a companion, a local guide, animators or local representative do not imply their continuous presence throughout the entire day, but only contact and necessary-needed assistance to the travel consumer in accordance to the predetermined terms of periodic availability published on the notice board or in any other appropriate manner. Instructions and guidelines of the authorized representative of the organizer (in particular with regard to time departures, transportation, housing, legal and other regulations, etc.) are binding for the travel consumers and non-compliance with the said instructions represents a breach of contract and all possible consequences and damages in such cases are to be beared by the travel consumer in their entirety.
Changes or exceptions of individual services that are not caused by the will of the Organizer are allowed as long as they do not reflect negatively on the overall concept of the contracted travel. If due to the above reasons, flight or transportation should be transferred to another airport or location, the organizer is obliged to offer the travel consumer other appropriate means of transport, until the completion of the tourist travel, at no additional cost for the travel consumer, as well as to pay any difference in price between the contracted and provided services / Article 103 Law on Consumer Protection /.
The organizer shall bear all costs of alternative transport at least to the amount of the ticket for a 2nd class carriage. If a third party comes in the place of the person who booked a certain touristic service, the organizer is entitled to compensation for any incurred costs related to the necessary changes. The travel consumer and the person who comes in their place are jointly and severally liable for payment of the agreed price and the cost of travel consumer replacement. The organizer will not accept a replacement travel consumers if these changes are not announced timely, if there are special requirements in relation to travel or if these changes are not in accordance with statutory or other legal regulations.
- ACCOMMODATION, MEALS AND TRANSPORTATION:
Accommodation: – The passenger will be placed in any officially registered accommodation unit in the accommodation facility described in the program, regardless of the uniqueness of travel consumers, the location and position of the object, number of storeys, the proximity of noise, parking and other characteristics;
– Accommodation check-in times for the travel consumers are at earliest after 16.00 h on the day of service, and check-out time is not later than 09.00 hours on the day of completion of service. The travel consumer is not entitled to a refund because of arbitrary, occasional or premature abandonment of accommodation facility caused by their misconduct, not for the cost of hotel services, nor the cost of transportation;
– three and four bed units (rooms, studios, apartments, etc.) shall be determined in accordance to the categorization and regulations of the domicile country;
– functioning air conditioning in accommodation facilities may vary by destination and individual facilities and it is not implied that the same service will be available throughout the entire day,
– the organizer has no obligations towards the travel consumer in cases of damages caused by the travel consumer’s non-compliance with legal regulations, prescribed rules and practices established by the transportation, hoteliers and other direct service providers;
– After the start of the tourist travel, and due to sudden and justified reasons, the agreed accommodation may be replaced without the consent of the travel consumer for other housing in the same or higher category in the agreed place of accommodation at the expense of the Organizer, and should a replacement for an accommodation facility of lower standard be required, the consent of the travel consumer must be procured and the organizer should refund differences in price proportionally reduced to that of the category of the new accommodation facility;
– The passenger undertakes getting to know and respect the rules of conduct in the accommodation facility in particular any relating to: depositing and keeping money, valuables and valuable goods, food and drinks in the rooms, respecting the order, accommodation and leaving the room at a certain time, the number of people in the room, etc. because the organizer is not liable for damages resulting from them;
Meals: – The diversity, quality of food and service, depends mainly on the price of agreed arrangements, the category of the chosen facility, destination and local customs regardless of whether the service entails self-serving or waitering (menu).
– All inclusive and any other services are provided based on internal rules of the hotel and do not have to be identical within the same category or the same destination. The Organizer will have informed travel consumers with the content of said all-inclusive services in writing.
– Breakfast, unless otherwise stated in the Program, includes continental breakfast.
– If the occupancy rate in hotels is below 30%, it is possible that instead of a self-service spread, food service will be provided by waiters;
In the accommodation facility identical conditions of food are offered, regardless of whether the travel consumers in the agreement are children, the elderly or people with special needs. In the event that on-site the travel consumers make a different arrangement with the direct provider of food than agreed otherwise, the Organizer bears no responsibility for inadequately executed food services;
Transportation: – Transportation and transfers are carried out by standard tourist buses or other means according to the regulations and criteria that apply in the country where the carrier engaged by the organizer is registered and the regulations, principles and rules set by the carrier (eg. Transportation arrangements do not include numbered seats, or meals and drinks during the trip, etc.). The travel consumer is obliged to accept any offered place in the provided vehicle;
– The organizer has the right to engage all types of tourist buses (coach or double decker bus) that meet the requirements provided for in the regulations for passenger transportation, as well as other means of transport, depending on the circumstances at the time; if hiring a mini-bus, it is necessary to define the number of seats;
– During transit bus toilets are not in use, unless it is approved. The travel consumer is required to make up for all damages his negligence may have caused to the vehicle on the spot. The travel consumer is required to verify and reconcile their personal and travel documents and luggage prior to the travel and inform the guide / travel companion in case of any irregularities they may have noticed;
– The traveler has the obligation to behave in an exemplary manner in the vehicle and respect traffic regulations and rules on the transport of passengers, failing which the organizer has the right not to accept said travel consumer for transportation or to remove them from the means of transport in the presence of the police. Should such an event occur further transport to the destination no longer falls under the obligations of the Organizer. If the travel consumer cancels the travel arrangement due to their removal from the transport vehicle, the dismissal scale from Section 12 of the General Conditions shall be applied.
– Travel direction, breaks, locations and their durations are determined by a guide / companion – driver. Guide / companion – driver is entitled to, due to unforeseeable, unavoidable or safety reasons and similar circumstances, change timetable, itinerary times, or the order of specific local sightseeing.
– The traveler is required to abide by the guidelines given by the driver or guide / travel companion (long breaks, etc ..)
– Non-compliance of personal data given to the organizer with the data in the passport Travelers (names of passengers, etc.) may result in printing of new flight tickets, with costs or even declaring purchased tickets irregular for which the consequences are borne by the travel consumer. The travel consumer is responsible for their plane ticket from the moment said tickets are delivered to them at the airport or mediating agency. There is no possibility of issuing duplicate flight tickets or boarding passes. The travel consumer bears the consequences of their loss or disappearance during the trip in full;
– Airline or special transport tickets are valid only on the dates and times specified;
– Passenger transport by air, rail, sea, river or lake transport means is provided, and fall under the direct responsibility of transport provider in accordance with the regulations and customs governing the transport in question and are beyond the influences and responsibilities of the Organizer;
- TRAVEL DOCUMENTS, HEALTH AND LAW REGULATIONS:
All the conditions published in the Program refer exclusively to the citizens with the travel document of Serbia. The organizer is not responsible and is not required to introduce travelers – citizens of other countries to the conditions (visa, customs, health, etc.) that are valid for the destination or transit country, it is the responsibility of a foreign citizen to inform themselves at the competent consulate and the travel consumers subsequently of the necessary conditions and documents and secure them in a timely and orderly manner. Contracting travel consumer must have a valid passport with a validity of at least 6 months from the date of the trip for traveling abroad and provide the correct and complete necessary information and documents for obtaining a visa (if the same is procured by the Organizer);
Neither the employees of the Organizer’s agency, nor the brokers have the rights or competence to determine the validity of the passport and other documents and papers. When the organizer mediates in the process of submitting documentation, they do not guarantee a visa or the reception of said visa in time and therefore bear no responsibility for non-valid travel and other documents or if the border authorities or immigration officials refuse entry, transit or further stay of travel consumers.
If the travel consumer should lose travel documents during the period covered by the travel agreement or have them stolen, they are obliged to provide for new documents at their own expense and in a timely manner and bear all the possible harmful effects on that basis.
The traveler is required to arrange special services related to his health, e.g. specific nutrition requirements, characteristics of accommodation, etc. due to chronic diseases, allergies, disabilities et al, otherwise the organizer does not assume any special obligation, responsibility or harms on that basis.
To travel to countries, in which special rules apply which include mandatory vaccinations or purchase of certain documents, the obligation of the passenger is to receive the necessary vaccinations and provide adequate confirmation about this and to, in case of any potential consequences, take responsibility for any and all damages.
The passenger is obliged to strictly respect the customs, foreign exchange rates and other regulations of the Republic of Serbia, transit and countries in which residency may be taken, and in case of inability to travel or stay and everything else, all consequences and costs are borne by the customers themselves.
If the travel arrangements can not be realized due to an omission of travel consumers in relation to the provisos of this Section, the provisions of Section 12 of the General Conditions shall be applied.
Transportation of luggage up to a certain weight determined by the air carrier, is free. Excess luggage will be charged according to the current prices of the carrier indicated in the tour program. Transport of special luggage from the airport to the hotel and back is the sole obligation of the passenger-travel consumer. At all airports special Safety rules regarding hand baggage are applied, and it is recommended to the travel consumer to seek more information at the airport Nikola Tesla in Belgrade, by phone – +38111 / 209- 4444 or online: www.beg.aero.
Damages and loss of baggage on flights should be reported by the travel consumers immediately to the official airport service for lost and found luggage, because the airline companies may refuse compensation if the complainants have not completed and submitted the necessary application complaint forms. The travel consumer is obliged to report the loss, damage or loss of luggage during the travel timely to the representative of the Organizer.
travel consumers opting for bus transportation may carry 2 pieces of luggage per user seat and deliver it to the person authorized by the Organizer. Children under two years are not entitled to free luggage. The travel consumer is obligated to take care of their belongings entered into a means of transport, the giving or reclaiming of luggage surrendered to the authorized carrier personnel, and/or entered into accommodation facilities.
The travel consumer is granted all their rights under the above, respectively, through the tour organizer, or directly from the carrier, service provider of accommodation or insurance according to current international and domestic legislations.
Luggage transfer from the parking spot to the accommodation units is the responsibility of the travel consumer (transport vehicle will be parked as close as possible to the accommodation facility). The organizer are not responsible for private belongings forgotten in the vehicle.
Except for intent and gross negligence, the Organizer holds no responsibility for valuable items, which are usually do not carried along, except if they expressly accepted the items for safekeeping. Therefore, the travel consumer is not recommended to travel carrying valuables and if they do so regardless of the recommendations, to request the safe storage of said valuables or to carry the items in question with them at all times.
It is the duty of the travel consumers to clearly mark their luggage with personal information, and to make sure they do not leave personal documents, items and valuables in a parked vehicle, because the organizer is not to be held responsible for their disappearance. The travel consumers are recommended to carry personal documents, gold, valuables, technical equipment and medications exclusively in hand luggage, and during their stay – to deposit such items in a safe if possible.
The passenger is obliged to report the loss, damage or loss of luggage during the trip to the representative of the Organizer.
- CHANGES AND CANCELLATION OF THE CONTRACT BY THE ORGANIZERS:
Before the realization of the travel arrangements (start of the travel), the Organizer can modify the tour program only if the changes were caused by extraordinary circumstances which the tour operator could not anticipate, avoid or eliminate. The costs incurred due to changes in the program shall be borne by the organizer, and the reduction of costs in favor of passengers. Replacement of the agreed accommodation may only be executed using facilities in the same category, or at the expense of the organizers, using a facility in a higher category in the agreed place of accommodation. If the travel program should suffer significant changes without justifiable reasons, the tour organizer must restore in full what they had received from travel consumers who had thereafter terminated the travel agreement. (Art. 879, Obligation Law)
The organizer has the right to terminate the contract in case of:
– insufficient number of passengers, provided that Travel consumers have been informed within the timeframe stated in the Program before the start of the tourist travel;
– inability to fulfill contractual obligations for which the contracting parties were not responsible, and which had they existed at the time of publication of the program would have represented justified reason for the Organizer not to disclose the program and/or conclude the agreement (the Travel consumers shall, if this is the cause of termination of contract, have their payments returned no later than 15 days from the date of cancellation);
If a new Agreement is accepted, the Travel consumer disclaims any claims against the Organizer based on the originally concluded agreement.
During the trip: the Organizer keeps the right to make necessary changes during the agreed travel period, in which case it is required of them to inform the Travel consumer immediately in the most appropriate way. This means the Organizer has the right to alter the date or hour of travel, as well as the right to change the route of travel and enact whatever necessary changes to the program should the conditions change for the travel (changed flight schedule, emergency landing, failure of means of transport, the crowd at the borders or in traffic, the closure of any of the locations planned for the tour, the changes in the visa regime, security situation, natural disasters or other extraordinary and objective circumstances and force majeure) without being obliged to make up for the travel consumer’s potential damages or any other fee. In these cases, the organizer shall bear any additional costs relating to changes in the program.
if Travel consumer hinders the implementation of travel by harsh and inappropriate behavior, regardless of sentenced warning, the Organizer may require compensation for any charges caused by such behaviour.
In the case of extraordinary circumstances during the journey they could not foresee in advance, and which may be considered as acts of God (terrorist attacks, emergency, explosion, infection, epidemics and other diseases, natural disasters, climate conditions, etc.), Both Contracting parties have the right to terminate the Contract, where the organizer is entitled to both actual and committed costs and is held by obligation to pay half the cost of transport for the Travel consumer’s return trip. The organizer does not take any responsibility if the passenger refuses the offer to return with the provided means of transport.
- CANCELLATION OF CONTRACT BY THE TRAVEL CONSUMER:
Before the start of the travel: The traveler has keeps right to withdraw from the trip, of which they are obliged to inform the Organizer in writing in the same manner the contract was concluded. The date of the written cancellation of the Agreement is the basis for calculation of compensation for the organizer, expressed in percentage by cancellation scale in relation to the total cost of travel, if the program is not otherwise specified, as follows:
– If a travel customer cancels the trip in a timely (90-45 days) fashion, the organizer is entitled to compensation for incurred administrative expenses in the amount of 2,000.00 RSD, which is part of the price of travel denominated in dinars.
10% if the trip is canceled 44 to 30 days before the start of the trip,
20% if you cancel 29 to 20 days before departure,
40% if you cancel 19 to 15 days before departure,
80% if you cancel 14 to 10 days before the trip,
90% if canceled 9-6 days before departure,
100% if canceled 5-0 days before departure or during travel.
Notwithstanding the foregoing, the following scale of failures is to be used:
a. For cruises:-
5% and at least 60.00 eur up to to 91 days before departure,
15% 90-45 days before the start of the trip,
30% 44-29 days before the start of the trip,
50% 28-15 days before the beginning type,
80% between 14 and 7 days before the trip,
95% from 6 to 3 days before departure,
100% on the day of travel, show or withdrawal from the road
b. for recreational holidays for preschool children, school in nature, pupils ‘and students’ field trip if canceled complete agreement:
5% if the trip is canceled up to 120 days before the trip,
20% if you cancel 119-90 days before the start of the trip,
50% if you cancel 0d 89 to 60 days before departure,
80% if canceled 59 to 45 days before departure,
100% if you cancel 44 days or less before the start of or during the trip.
The change of the agreed site, date of journey, means of transport, accommodation facility, accommodation units, failure to obtain a visa, failure to pay the agreed price, etc., Shall be deemed as cancellation of passenger travel.
The travel consumer is obliged to reimburse Organizers only for the real costs and expenses (transportation, lodging, travel organization, etc.), in case of dismissal due to:
sudden illness of travel consumer, spouse, child, parent, sibling passengers, adoptee and adoptive parents, the death of travel consumers, spouse, child, parent, sibling passengers, the adopted child and adoptive parents – calls for military exercise the travel consumers are in obligation to attend, or natural disaster or state of emergency officially declared by the country of travel.
In these cases, the Travel consumer is obliged to submit to the Organizer valid proof of eligibility for health insurance on the basis of temporary inability to work (confirmation printed and signed by a chosen doctor in the field of general medicine or discharge papers from stationary health institutions which explicitly confirm the sudden illness and inability to travel), or a death certificate or call for a military exercise. It can not be regarded as justified reasons for termination or stopover if the Travel consumer cancels due to cases of local terrorist attacks, explosions, infection, epidemics and other diseases, natural disasters, climatic conditions, etc., Which have not reached levels for which a state of emergency by the relevant government bodies of domicile or country of travel can be issued.
Sudden illness means that authorized doctors found a sudden and unexpected illness or infectious disease or organic disorder, which occurred after the conclusion of the travel contract and is not related to, nor is it the result of a previous medical condition, and of such a nature that requires treatment, stay in hospital (hospitalization) and prevents the start -use of contracted travel. The organizer, in case the travel consumer provides an appropriate replacement et al. should the reimburse the travel consumer with the amount of funds paid in the total amount, after deduction of the only real and actual expenses. The organizer is, in the case of replacement of passengers, bound to conclude the contract with the new passenger.
In case of cancellations of the travel covered by the insurance policy, travel consumers may exercise their rights directly from the insurer.
If the Agreement is broken, the passenger will not be refunded for the amount they paid the organizer for mediation in obtaining visas, as well as paid legal and other obligations.
After starting the journey: If the cancellation of Travel Agreement happens due to fault of their own failure make use of some of the service, the organizer will try to ask the service provider for compensation for unused services. If a service provider does not return the money, the Travel consumer is not entitled to a refund of the appropriate part of the price of unused travel. If it comes to petty services or value, the organizer is relieved of this obligation. If by fault of the Organizer a substantial part of the services that are defined in the contract are not realized, the Organizer is obliged to carry out certain preventive measures in order to continue their journey or to offer the Travel consumer other appropriate services until the completion of the tourist trips at no additional cost to the Passenger, in accordance with section 14 of these General conditions, without prejudice to other legal rights Traveler.
- INSURANCE AND GUARANTEE OF TRAVEL:
The cost of the tour does not include travel insurance. The organizer advises the conclusion of insurance which is not regulated by law and this insurance should include travel liability insurance and insurance against accidents. If the Organizer and Mediator offer travel insurance, they act as mere brokers. The insurance contract is concluded only between the Travel consumers and insurance companies, to which the eventual requests are directed. You need to read the insurance conditions and obligations under the insurance contract. Insurance premiums are not an integral part of the price of travel and are due to be provided immediately upon conclusion of the insurance contract. By signing the Travel consumer confirms that he was informed and referred to purchase a travel insurance package.
Package travel insurance does not cover compulsory health insurance, and the Travel consumer is recommended to provide it themselves, because it may be the reason that the border authorities do not permit further travel or the travel consumer has to pay significant costs of possible treatment afterwards.
In accordance with the provisions of the Law on Tourism, the organizer guarantees a trip to the amount of 300,000 euros
The guarantor is MILENIJUM INSURANCE ADO, firstname.lastname@example.org, phone: 0117152300, policy number (guarantee) 30000004128, date of issue of policies (guarantees) 19.10.2017.godine. The sum insured is 300,000 euros and it represents the maximum obligation of the insurer. Payment of insurance benefits will be done by middle exchange rate of NBS.
The insurance provides:
In the event of insolvency:
– the cost of necessary accommodation, meals and return of travelers to the country and abroad, in the place of departure;
– claims funds the passengers had paid on the basis of the contract on tourist travel, which the tour organizer has not implemented:
– claims funds the passengers paid in the event of trip cancellation by the customer, in accordance with the general conditions of travel;
– claims the difference between the contracted price of travel and travel prices decreased in proportion to non-execution or incomplete execution of the service providers included in the travel program.
In the event of damage to the passenger:
– claims funds passengers paid on the basis of the Agreementt on tourist travel, which the insured has not realized;
– claims the difference between the contracted price of travel and travel prices decreased in proportion to non-execution or incomplete execution of the services included in the travel program.
Period of Guarantee covers the journey from the date of its issue until the end of the tourist travel, or up to the return of the Travel consumer to the agreed destination.
In case the insured event occurs as a result of insolvency, the traveler can contact Assistance house Coris at the following phone number + 381 11 36 36999,or via email at email@example.com. By calling the Call Center of the Assistance house it is possible to find temporary accommodation, return travel consumers to their home country, and receive full support as a passenger over 24 hours.
(The travel consumers claim their rights for compensation on the basis of a legally binding and effective court judgment or decision of the arbitration court or other extra-judicial solutions in consumer dispute in accordance with these terms and conditions)
- HELP, COMPLAINTS, ACTION AND SETTLEMENT OF DISPUTES:
The tour operator is obliged to point out inside the sale premises and clearly display a notice on the method and place of filing complaints and to ensure the presence of the authorized person for the reception of complaints during working hours. The tour operator is obliged to keep records of received complaints over a period of at least two years from the date of filing said complaints.
The passenger is obliged to immediately communicate justified objections to local representatives of the Organizer, and in case of emergency or if they are not currently available, to inform the direct service providers (eg. The carrier, hotelier, etc.), Or if such people are not listed in the travel documents – directly to the Organizer.
For assistance, in cases of emergency et al., as well as to file complaints the travel customer may contact the organizer via phone number +38162551855, weekdays from 09 to 20 pm, Saturdays from 09 to 15 h Central European Time or by email: firstname.lastname@example.org. In cases of emergency and similar procedures the travel customer must indicate contract number, travel destination, the name of the accommodation facility, the names of passengers, address or phone number, etc. through which they can be contacted.
The passenger is obliged to cooperate in earnest in proceedings on the complaint in order to solve the problem within a reasonable time depending on the nature of complaints (eg. Malfunction of the refrigerator, power outages or water, insufficiently clean apartment and other disadvantages) and accept the solution that corresponds to the contracted service.
If the cause of the complaint is not rectified on the spot, the travel consumer will, with a representative of the organizers, prepare a written report in two copies which both sides write and sign. The travel consumer keeps a copy of this certificate.
If the cause of complaints is rectified on the spot, the travel consumer is required to sign a report stating and describing the same, otherwise, the fact that he continued to use adequate alternative solutions implies that the program is in its entirety executed.
Local representatives are not entitled to recognize any claims for compensation, only the Organizer.
The passenger may not claim a price reduction in proportion, cancellation of the contract or compensation for damages in case of negligence and if they fail to notify the authorized representative and the organizer of the deficiencies between the services provided and contracted services, in the prescribed manner, promptly and without delay.
If the deficiencies are not remedied on the spot, the Travel consumer is obligated to deliver a justified and well documented complaint (a complaint written on the spot, accounts of expenses paid, requirements by type of unexecuted services, factually specified and quantified in relation to each passenger individually, witnesses and other evidence) within eight days of the voyage, or within thirty days of determining deficiencies and request a refund of the difference in price between the contracted and unexecuted or partially executed services.
Every travel consumer, party to contract in its own name and in the name of a person from the contract or person with regular power of attorney for representation, submits their complaints individually, because the organizer will not consider group complaints.
Preferably, the reclamation Passenger requires in writing to the Organizer of Belgrade, ul. Veljko Dugoševića 54, 11000 Belgrade.
The passenger may declare a complaint orally at the point of sale where they concluded the travel agreement, or at other place that is specified for receiving complaints, electronically or on a permanent record medium, with accompanied with the delivery of documentation from which the merits of the complaint are clearly noticed. The management are obliged to take into proceedings only timely, reasoned and documented complaints, according to the committed complaint of the Travel consumer, and which could not be solved in the course of the journey on the spot and for which the passenger is issued a written report or email confirmation of receipt of the complaint, ie, communicate number under which their complaint is filed in the received complaints.
The organizer is obliged to submit a written response within 8 days of the proper complaint reception to the complaining travel consumer and pay the difference in price. The tour operator may extend this deadline with the consent of the Travel consumer and record this permission in the book of complaints. If the complaint is not complete and it should be regulated, the organizer will supply the travel consumer a proper response to complete the same within the given deadline and under the threat of failure.
The organizer shall, in accordance with good business practice, within the legal deadline respond to the travel consumer and the complaints that are untimely, groundless or untidy.
Reducing prices by complaint may reach only the amount of the relating service that was not provided in a specified manner, it can not include already used services, nor reach the entire amount of the agreed price. The amount of compensation, which is paid upon justified and timely complaints under contract, is proportional to the degree of non-performance or partial services rendered.
Should the Traveler accept the compensation on behalf of the proportionate price reduction, or other form of compensation, it is understood that he agrees with the proposal of the organizers for a peaceful solution to the conflict, and thus waived all further claims against the Organizer regarding the dispute, regardless of the fact whether they signed written confirmation of the refund with a clause on the final dismissal of mutual disputes. It shall be considered that a refund of the difference in price was carried out and agreed upon with the travel consumer in accordance with the law, these terms and conditions and the general conditions of YUTA, when the organizer offered the customer the real difference in the price for inadequate services provided, in accordance with the price list of the direct service providers who as applicable at the date of conclusion of the travel contract, and other available evidence, and that the organizer acted in accordance with applicable regulations.
Organizer does not bear responsibility for any omissions, or for damage caused to the Travel consumer by direct service providers that correspond in accordance with the regulations that apply to them, if he acted as a careful organizer in choosing the persons who committed these services.
Any Travel consumer’s request to initiate proceedings against other persons before the deadline for resolving the complaint will be considered premature and outreach to the media a violation of the Agreement.
- TRAVEL PROGRAM AT THE TRAVEL CONSUMER’S REQUEST AND INDIVIDUAL SERVICES:
Travel programs envisaged at the request of Travel consumers: Individual travel (hereinafter:Program on request) of a Travel consumer is a combination of two or more services, which is not in the offer of the Organizer or which the Organizer has not previously published, but which were compiled at the request of the Passenger.
Upon the requested program the foregoing paragraphs of these GTC are thereafter analogously applied, if this matter is not otherwise regulated.
If the travel consumer’s request entailed combining and contracting a number of individual services from the Organizer offers (eg. Flight and circular tour, etc.), the cancellation fee is charged by individual services and it is added up consequently.
The Travel consumer is entitled to withdraw from the Agreement, of which they shall notify the Organizer in writing. The date of the written cancellation of the Agreement is the basis for the calculation of compensation to the organizer, expressed in percentages of the total cost of the required travel, if the program is not otherwise specified, as follows:
If the traveler cancels the trip timely (90-60 days), the organizer is entitled to compensation for incurred administrative expenses in the amount of 2000 RSD, which is part of the price of the travel denominated in dinars.
15% – if the trip is canceled 59 to 30 days before departure,
20% – if the trip is canceled 29 to 20 days before departure,
40% – if the trip is canceled 19 to 15 days before departure,
80% – if the trip is canceled 14 to 10 days before departure,
90% – if the trip is canceled 9-6 days before departure,
100% – if canceled 5 days or less before departure or during the trip.
Individual services and “Booking on Request”: If the travel consumer books or contracts only one service, organizer appears only as an intermediary people’s service (hereinafter: the Broker services). For individual and “reservations on request” – the travel consumer lays in name of booking costs a deposit which can not be less than EUR 50 in dinars (selling exchange rate of the Organizer’s bank of choice on the date of payment). If the reservation is accepted by the Travel consumer, the amount is included in the cost of services. If the booking is not confirmed by the organizer in the agreed period, the deposit is fully refunded to the Traveler. If the traveler does not accept the offered or confirmed reservation, which is wholly in accordance with the requirements of travel consumers, the amount of the deposit belongs to the organizer in its entirety.
The organizer, except for their gross negligence and negligence, is not responsible for defects, material and physical damage in the individual tourism services at the request of passengers, for which he may only act as a mediator between Travel consumers and direct service providers (eg. Individual services of accommodation, transport, tickets for sports events, excursions, car rental, etc.). By obtaining of evidence of the agreed individual service contractual relations exclusive between the passenger and each individual service provider enter into force.
With regard to individual tourism services the following scale of cancellation is applied, unless otherwise agreed:
A. for hotel accommodation:
up to 30 days before departure – 10%
between 29 and 22 days before departure – 15%
from 21 to 8 days before departure – 25%
7 days before departure – 50%
6 days before and after the start of the travel package – 100% of the agreed price
B. for the lease of apartments per unit:
up to 45 days before departure – 20%
44 – 30 day before departure – 50%
29 – 16 days before departure – 70% and
15 days up to and after the start of the travel package – 100%.
C. for the lease of camping vehicles and engines:
up to 31 days before departure – 20%
30 – 22 day before departure – 30%
21 – 8 days before departure – 50%
7 – 3 days before departure – 65 %
2 days before the start of travel or in case of travel consumer’s failure to appear – 80%
D. Renting vehicles:
The travel consumer accepts in full the general terms and conditions of renting vehicles which are located on the back of a standard-form contract of hire vehicles.
If the contract of lease of vehicles does not otherwise imply, the following rules are applied:
Booking and confirmation are valid only for the reserved category of vehicle, never for a particular model. The rental agency reserves the right to make available to customers the same or more expensive vehicle than it is reserved, which can not possibly be reason for requesting compensation for example, due to increased fuel consumption. Collection of rental vehicles is carried out after completion of service.
As a rule, it is necessary to reserve funds on-site, or leave a security deposit. In case of an accident, damage or theft of rented car, the agency retains the security deposit as means of participation.
In the following cases the responsibility of the travel consumer is exclusive: damages arising from breach of the conditions of renting; misconduct or driving while intoxicated; damage to the oil sump or at the underside of the vehicle; caused costs for hotel, phone or towing, loss or damage of keys; expenses for private items, which were damaged in a traffic accident or stolen from the vehicle; completely damaged pneumatics.
In the event of damage to the vehicle the travel consumer is required to: immediately inform the police and make a police report about the accident and the damages onsite and immediately notify the car rental agency. The agency and insurance company can not admit to partial or total loss of the vehicle if a driver was driving under the influence of alcohol, drugs and the like. The policy protects the Travel consumer, as well as other authorized drivers in accordance with the provisions of the general conditions of insurance and the rental agreement. Mandatory insurance policies can legally cover only injury and / or death of the persons (passengers) and damages caused to third parties and their property.
The following documents are necessary for the acceptance of damage and repayment of participation: police report and the notes on the damage; a copy of the lease agreement, proof of payment of the deposit ( car rental agencies account or a copy of the credit card reciept); original keys and vehicle registration documents.
The fee for airport services for rental vehicles that began at the airport is paid in the amount of 10% of the value of the rental agreement. The fee for claiming or delivering vehicles by off-site agencies to the country of residence, as well as in foreign countries special taxes are paid. The travel consumer can travel abroad using the rented vehicle under special conditions and with special permission of the contracting agencies.
The cost of fuel for the vehicle during the period of rent is paid by the travel consumer. Child seats, snow chains et al. at the request of the Passenger may be provided for an additional fee.
The travel consumer confirms that the personal data entered into a lease contract vehicles is authentic and agrees to their possible referral to third parties in order to confirm their identity and financial credibility.
E. Other individual services: Outstanding individual services such as tickets for concerts, opera, theater, balls, public transport tickets/stamps (eg subway, train, bus), ferry tickets, skipass, sightseeing, museum entrance fees and individual transfers, etc. are accounted for in the eventual failure of the Travel consumer to make use of them as costs amounting the prices of each individual booked service.
In case of contracting individual transport services, in the event of timely cancellation, the travel consumer should return already received tickets for regular flights, train tickets or tickets for ferries, otherwise they will have to charged with the full price of each.
If the traveler will have booked a holiday apartment, the organizer is warned of the possibility that a lessor in handing over an apartment for vacation can look for an appropriate bail for minor expenses and potential damages.
- PROTECTION OF THE PERSONAL DATA OF TRAVEL CONSUMERS:
The personal data of travel consumers, who give the same by their own will, represent the Organizer’s business secret. The passenger agrees that personal information given to the organizer can be used for the implementation of the agreed program of travel, where they can not disclose addresses, locations, time and cost of the travel and names of people traveling to other persons, except persons authorized by special regulations.
- LIABILITY OF USE:
The organizer can use the Program or special conditions of travel to foresee different provisions in relation to these General Terms and Conditions, because of the special terms and conditions for direct service providers, as well as for travel with special amenities (on the occasion of sports, conference and other international events and special aspects of tourism – medical, educational, hunting and fishing, extreme sports, etc.) and which form an integral part of such Agreements.
The inefficiency of certain provisions of the Agreement shall not result in inefficiency of the whole of the Travel Agreement, which is also applied to these Opte conditions.
The travel consumer and the Organizer jointly and severally contract the jurisdiction of the Arbitration Tribunal YUTA, Belgrade, Kondina 14 for resolving mutual disputes, with the application of these General Conditions, as well as the General Conditions of travel YUTA and legislations of Serbia. Agreeing to the jurisdiction of the Arbitration Tribunal YUTA, the rights of travel consumers to initiate a specific procedure or to use a specific remedy for the protection of their rights are in no way endangered, as provided in the legislations of Serbia.
These terms and conditions are valid starting November 15th 2017.
Name and signature of the director