Pursuant to Article 68, paragraph 1, item 2, and in accordance with Articles 70 and 71 of the Law on Tourism (“Official Gazette of RS” No. 17/2019), the director of TA “American Adventure” d.o.o. from Belgrade st. Gospodar Jevremova 59/4, PIB: 105311717, Mat.br. 20356090 days 01.01.2020. yr. determines the following:
GENERAL TRAVEL CONDITIONS
- PRE-CONTRACTUAL NOTIFICATION:
By signing the standard contract-confirmation-travel application (hereinafter: the Contract) with his signature on behalf of all passengers from the Contract (hereinafter: the Traveler) confirms that he has been handed these General Travel Conditions (hereinafter: General Conditions), pre-prepared and published travel program ( further: Program), that, like all passengers from the contract, he is acquainted with them and accepts them in full, as well as that he is acquainted with the optional possibilities of travel insurance.
The provisions of these General Terms and Conditions form an integral part of the Agreement between the Traveler “AMERICAN ADVENTURE” DOO – NOVI SAD BRANCH AND BELGRADE BRANCH as a travel organizer (hereinafter: the Organizer) and are binding on both parties, except as defined in a special written contract or Program.
Prior to concluding the Agreement, the Organizer may change the description of its services in the Program at any time. The Traveler and the Organizer agree that prior to the conclusion of the Contract, the Traveler was notified of all possible changes to the data from the Program within a reasonable time before the conclusion of the Contract.
In the event of a difference between the Passenger’s application and the amended proposal of the Organizer, the new Program is considered new proposal and obliges the Organizer for the next 48 hours. If the Traveler does not inform the Organizer within the specified period that he does not accept the newly made Program – offer, the Contract is considered terminated. Before signing the contract, the travel organizer informed the passenger about the name and address of the insurance company through which the travel guarantee insurance policy is provided, in case of insolvency.
- REGISTRATIONS, PAYMENTS AND CONTRACT: The Passenger submits the application in writing or on a durable medium or by e-mail or fax. The traveler can apply for the trip in the headquarters, branches, or separate special premises of the Organizer, as well as in travel agencies that have concluded a Mediation Agreement with the Organizer (hereinafter: the Mediator). When the Intermediary in the Organizer’s Program and the Contract with the Traveler does not indicate his capacity as an Intermediary, the Organizer is not responsible for the execution of the Program towards the Traveler, but it is the Intermediary’s obligation. The Passenger’s application becomes valid when it is confirmed by concluding the Contract in the manner in which the Registration was made and by paying an advance in the amount of 50% of the price of the arrangement. The rest of the agreed price, unless otherwise agreed, is paid 15 days before the start of the trip.
If the Traveler does not make the payment in full within the deadline, it is considered that the trip has been canceled in accordance with item 12 of the General Terms and Conditions. Each advance payment is recorded as a payment for all passengers, and not just for one specific passenger from the Contract.
By concluding the Agreement, the Program (previously published or subsequently amended) becomes an integral part of it and cannot be changed, unless the contracting parties expressly agree otherwise or if the changes occur due to force majeure. In the event of cancellation or amendment of the Agreement, the cancellation provisions and amendments shall apply to all passengers specified in the Agreement.
The date of payment to the account of the Organizer or the Mediator is relevant for the timeliness of payment. In case of late payment in full, advance payment or payment of the remaining part of the arrangement payment, the Travel Organizer may withdraw from the Agreement and request compensation in accordance with item 12 of these General Terms and Conditions.
- OBLIGATIONS AND RIGHTS OF THE ORGANIZER:
– In the Agreement, in addition to the services from the Program, enter special requests of passengers with which only the Organizer has agreed,
– Pay a proportionate real difference between the agreed price and the price of travel reduced in proportion to non-performance or incomplete performance of the Contract (hereinafter: Price reduction) due to timely and reasonable written complaint – Complaint of the Passenger in accordance with law and these General Terms, unless : through the fault of the Traveler or attributed to a third party who was not a contracted direct service provider in the implementation of the Program, by force majeure or unforeseen events beyond the Organizer’s control and whose consequences are inevitable despite due diligence or some other events that the Organizer could not foresee and overcome ,,
– In accordance with good business practices in this area to take care of the rights and interests of Travelers,
– Before leaving for the trip, submit the name, address and telephone number of the local representative, ie the local partner agency and if there is no name, address and telephone number of the Organizer for emergency assistance to the Traveler;
– Is not responsible for services provided to the Traveler by other persons outside the Program,
– All oral and any other types of information, which differ from those contained in the Program, Contract or Special Agreement and these General Terms and Conditions, are not binding on the Organizer and cannot be the basis for raising complaints or complaints of passengers.
- OBLIGATIONS AND RIGHTS OF PASSENGERS:
– To get acquainted in detail, as well as all persons from the Agreement, with the Program and the General Terms and Conditions, to point out special requirements that are not covered by the published Program,
– To provide optional travel insurance policies, because they are not provided and the Organizer is not responsible for them,
– To pay the agreed price under the conditions, deadlines and in the manner provided by the Agreement,
– To timely submit to the Organizer accurate and complete data and documents necessary for organizing the trip and guarantee that he, his documents, luggage, etc. meet the requirements set by the regulations of our, transit and destination countries (border, customs, sanitary, monetary and other regulations),
– To compensate the damage caused to direct service providers or third parties in violation of legal and other regulations and these General Terms and Conditions,
– To timely appoint another person to travel instead, to reimburse the Organizer for the actual costs caused by the replacement and to be jointly and severally liable for the unpaid part of the agreed price,
– To notify the justified objection in writing to the Organizer or to the persons specified in the travel documentation without delay on the spot, as a rule,
– To be informed through the website of the Ministry of Foreign Affairs of the Republic of Serbia (www.msp.gov.rs) and in other ways about the countries of the so-called high or moderate risk;
– To be informed by the authorized representatives of the Organizer about the exact time of departure and return from the trip no later than 24 hours, but not earlier than 48 hours.
- PRICES AND CONTENT OF SERVICES: Prices are expressed in foreign currency and payments are calculated in dinars according to the selling rate of the Organizer’s commercial bank on the day of payment, or at the rate specified in the Program or unless otherwise agreed. The prices are formed on the basis of the business policy of the Organizer and cannot be the subject of the Passenger’s complaint. Services performed abroad (which are not agreed and paid in advance) The passenger pays on the spot to the direct service provider.
The price from the Contract includes a pre-prepared and published combination of at least two or more of the following services of average quality usual for the given destination and facilities, namely: accommodation, food, transport, preparation and organization of travel, for which a single price is agreed. Standard services).
The price of the arrangement does not include, unless otherwise agreed (hereinafter: Special Agreement), costs: airport and port taxes, local tourist guide, representatives of organizers, tourist animator, optional programs, use of deck chairs and umbrellas, obtaining visas, tickets to facilities and events, insurance of passengers and luggage, room service, use of room bar, air conditioning, recreational , medical, telephone, etc. service, reservation of a special seat in the vehicle, accommodation costs in a single room, rooms with special characteristics (view, floor, size, balcony, etc.), additional meals, etc. (hereinafter: Special Services).
The Mediator is not authorized to contract special services on behalf of the Organizer that are not provided for in the Program.
The conditions related to the discount for children as well as other benefits specifically given in the Program are determined by the direct service providers and should be interpreted restrictively (eg for children up to two years of age, the relevant calendar date is when the child turns two in relation to the day of the beginning of the trip and not the date of concluding the contract). In case of incorrectly stated age of passengers, the Organizer has the right to charge the difference to the correct price of the trip with a surcharge of 3,000.00 dinars for handling costs.
The price does not include the Organizer and cannot be responsible to the Traveler for optional and subsequently performed services, which are performed and charged by the foreign partner, ie the direct service provider, and were not provided by the Program or Special Agreement, as well as for the Traveler’s participation in sports and other leisure activities.
- CHANGE OF PRICE AND PASSENGER’S RIGHT TO CANCELLATION:
The organizer may request an increase in the agreed price no later than 8 days before the start of the trip if after the conclusion of the Agreement there is a change in the exchange rate or a change in carrier rates and other cases provided by law.
Increasing the agreed price by up to 10% does not require the consent of the passenger and is not a basis for termination of the contract.
If the increase in the total agreed price exceeds 10%, the Traveler has the right to: request a replacement for a similar Program free of charge from the Organizer’s offer or may terminate the Contract by written cancellation without obligation to compensate the Organizer, if no later than 48 hours after written notice of price increase. , inform the Organizer. If the passenger does not inform the organizer in writing to withdraw from the contract within the specified period, it is considered that he agrees with the new price, which can be through the payment.
Subsequent price reductions of the Program cannot refer to already concluded Contracts and cannot be the basis of any complaint of passengers towards the Organizer.
- CATEGORIZATION AND DESCRIPTION OF SERVICES:
All services listed in the Program include standard services of average quality, common and specific to certain destinations, places and facilities. In case the traveler wants some services outside the Program, he must conclude a Special Agreement.
The Organizer is not responsible for the descriptions of services in catalogs – publications or on the websites of the Intermediary and direct service providers (eg hotels, carriers, etc.), unless the Passenger has explicitly referred to them. The Organizer is responsible only for the descriptions of the services contained in its Programs, ie on its website, provided that obvious typographical and calculation errors give the Organizer the right to challenge the Agreement.
Accommodation facilities and accommodation units, means of transport, etc. services are described according to the official categorization of the domicile country at the time of publication of the Program, are different and not comparable by destination, even within the same destination. Food, comfort and quality of service depend primarily on the price of the arrangement, the chosen destination and categorization determined by local-national regulations and are beyond the supervision and influence of the Organizer.
The start and end date of the trip determined by the Program does not imply a full-day stay of passengers in the accommodation facility, ie destination. The time of departure or arrival of passengers and entry or exit of passengers from the accommodation facility is conditioned by procedures at border crossings, road conditions, permits of competent authorities, technical and weather conditions or force majeure that may affect the departure time of aircraft and other means of transport. cannot influence, and therefore the Organizer is not responsible for such cases. The first and last day of the Program are intended for travel and do not imply a stay in a hotel or destination – but only mark the calendar day of the beginning and end of the trip, so the Organizer is not responsible for evening, night or early morning flight, entering the room late in the evening, leaving the hotel in the early morning and the like.
For air arrangements, the agreed start time of the trip is the meeting of passengers at the airport, which is at least 2 hours earlier than the first announced departure time by the airline. In case of moving the specified departure time of the aircraft, the Organizer does not bear any responsibility, but national and international regulations in the field of air traffic apply. As a rule, departure – arrival, take-off – landing of planes at charter flights is in the late evening or early morning hours and if, for example. provided an agreed initial or final meal in the form of so-called “Cold meal” outside or in the accommodation facility, it is considered that the Contract is fully executed.
The services of a tourist guide, escort, local guide, animator or local representative do not include their all-day and continuous presence, but only contact and necessary assistance to the Traveler according to pre-determined periods of periodic duty published on the bulletin board or in another appropriate way. Instructions and instructions of the authorized representative of the Organizer (especially regarding the time of departure, transportation, accommodation, legal and other regulations, etc.) are binding on the passenger and non-compliance with these instructions is a breach of contract and all possible consequences and damage in such a case.
Changes or deviations of certain services that are not caused by the will of the Organizer are allowed if they do not have a negative impact on the overall concept of the contracted trip. If for the stated reasons, the flight or transport needs to be moved to another airport or place, the Organizer shall bear all costs of alternative transport at least in the amount of the ticket of the 2nd class of transport.
When a third party takes the place of a person who has booked a certain tourist service, the Organizer is entitled to compensation for the necessary costs of the change. The passenger and the person taking his place are jointly and severally liable for the payment of the agreed price and the costs of replacing the passenger. The organizer will not accept the replacement of passengers if the change is not timely, if there are special requirements in relation to the trip or is not in accordance with legal or other legal regulations.
- ACCOMMODATION, NUTRITION AND TRANSPORT:
8.1. Accommodation: Unless otherwise specifically agreed:
– The passenger will be accommodated in any officially registered accommodation unit in the accommodation facility described in the Program, regardless of the characteristics of the passenger, location and position of the facility, number of floors, proximity to noise, parking, etc. characteristics,
– Accommodation of passengers in the facility is no later than 16.00 h on the day of the beginning of the use of the service, and leaving the facility no later than 09.00 h on the day of the end of the use of the service. The passenger is not entitled to a refund due to arbitrary, or through his own fault caused by occasional or premature departure from the accommodation facility, neither the price of the hotel service, nor the price of transportation,
– Triple and quadruple accommodation units (rooms, studios, apartments, etc.) in accordance with the categorization and regulations of the domicile country are usually based on a standard double room with one or two extra beds, which are usually wooden or metal folding structures and which can significantly worsen the quality of accommodation,
– The functioning of air conditioners in accommodation facilities is different in destinations and facilities and does not imply uninterrupted operation of the same 24 hours,
– The organizer is not liable to the Traveler for damage caused by his non-compliance with legal regulations, prescribed rules and customs established by carriers, hoteliers and other direct service providers.
– If two or more persons have booked together a double or multi-bed room or a ship’s cabin, etc. and there is no third party to replace one of them, the Organizer has the right to charge the full price of the accommodation unit.
– After the start of the tourist trip, and due to sudden and justified reasons, the agreed accommodation can be replaced without the consent of the Traveler with accommodation in the facility of the same or higher category in the agreed accommodation at the expense of the Organizer, and accommodation in lower category facilities can be differences in price in proportion to the reduced category of the accommodation facility.
– The traveler undertakes the obligation to get to know and respect the rules of conduct in the accommodation facility, especially on: depositing and storing money, valuables and valuables, bringing food and drinks into the rooms, respecting order, accommodation and leaving the room at a certain time, . because the Organizer is not liable for damages incurred on that basis.
8.2. Meals: Unless otherwise specifically agreed:
– Variety, quality of food and food service, depends mainly on the price of the arrangement, category of facility, destination and local customs, regardless of whether the service is self-service or serving (menu).
– ALL INCLUSIVE or ALL INC. LIGHT and any other means services according to internal hotel rules and does not have to be identical within the same category at the same destination.
-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 the self-service service, the catering service is performed by serving.
The accommodation facility has identical food conditions, regardless of whether children, the elderly or people with special needs travel under the Agreement. In the event that the Traveler reaches a different agreement with the direct food provider on the spot, the Organizer does not bear any responsibility for inadequately performed food services.
8.3. Transport: Unless otherwise specifically agreed:
– Transport and transfers are performed by standard tourist buses or other means according to the regulations and criteria valid in the country where the carrier is registered when hiring the Organizer and regulations, principles and rules determined by the carrier apply (eg transport in any means of transport is not implies numbered seats, nor included meals and drinks during the trip, etc.). The passenger has the obligation to accept every offered place in the means of transport.
– The organizer has the right to hire for transportation all types of tourist buses that meet the requirements of the regulations (mini bus, bus or double decker), as well as other means of transport if the circumstances require,
– Toilets are not in use during bus rides, unless approved. The passenger is obliged to compensate all the damage caused by his negligence in the means of transport on the spot.
– The passenger has the obligation to behave appropriately in the vehicle and respect traffic regulations and rules on passenger transport, otherwise the Organizer has the right not to accept him for transport or remove him from the vehicle in the presence of the police and further transport to the destination will not be the Organizer’s obligation. If the Passenger cancels the trip due to removal from the means of transport, the cancellation scale from item 12 of the General Terms and Conditions will be applied.
– The route, breaks, places and length of their duration are determined by the guide – the driver. The guide-driver has the right, due to unpredictable, unavoidable or safety and similar circumstances, to change the timetable, the itinerary of the road, or the order of the site visits. –
– Inconsistency of personal data given to the organizer with the data in the Passenger’s passport (names of passengers, etc.) may result in printing a new plane ticket, with costs or even declaring the ticket irregular, for which the Passenger bears the consequences. The passenger is responsible for his plane ticket from the moment it is delivered to him at the airport or agency. There is no possibility of issuing duplicate airline tickets, nor boarding tickets. The passenger fully bears the consequences of their loss or disappearance during the trip.
– Airline or special transport tickets are valid only on the dates and times indicated on them.
– Transportation of Passengers by air, rail, sea, river or lake means of transport is performed and the direct responsibility of these carriers is determined in accordance with regulations and customs governing the mentioned types of transport and beyond the influence and responsibility of the Organizer.
- TRAVEL DOCUMENTS, HEALTH AND LEGAL REGULATIONS:
All conditions published in the Program apply exclusively to citizens with a travel document of the Republic of Serbia. The organizer is not responsible and is not obliged to inform passengers who are citizens of other countries on the conditions (visa, customs, health and) that apply to the destination or transit country, but the obligation of the foreign citizen to inform the competent consulate and the traveler to provide the necessary conditions and documents. timely and orderly. A traveler traveling abroad must have a valid travel document with a validity period of at least 6 months from the date of completion of the trip and submit to the organizer the correct and complete necessary data and documents for obtaining a visa, if obtained by the Organizer. The official of the Agency of the Organizer, or the Mediator is not authorized to determine the validity of travel and other documents and documents. When the Organizer mediates in the procedure of submitting the documentation, he does not guarantee obtaining a visa or obtaining a visa on time and does not bear any responsibility for the malfunction of travel and other documents or if the border authorities or immigration services do not allow entry, transit or further stay. If the Traveler loses his travel documents or is stolen during the trip, he is obliged to provide new ones in due time at his own expense and to bear all possible harmful consequences on that basis.
The traveler is obliged to agree on special services related to his health condition, such as specific nutrition, characteristics of accommodation, etc. due to chronic illness, allergies, disability, etc. because otherwise the Organizer does not assume any special obligation, responsibility or damage on that basis. For trips to countries where special rules apply, which include mandatory vaccination or the purchase of certain documents, the passenger is obliged to perform the necessary vaccinations and provide appropriate certificates and to be liable for damage in the event of possible consequences.
The passenger is obliged to strictly respect customs, foreign exchange, etc. regulations of the Republic of Serbia, transit and countries in which he resides, and in case of impossibility to continue the trip, ie stay and everything else, all consequences and costs are borne by the traveler. If the trip cannot be realized due to the passenger’s omission related to the provisions of this item, the provisions of item 12 of the General Terms and Conditions shall apply.
Carriage of luggage up to a certain weight determined by the airline is free of charge. Excess luggage The passenger pays according to the valid prices of the carrier. Transportation of special luggage from the airport to the hotel and back is the exclusive obligation of the Traveler. Special security rules regarding hand luggage are applied at all airports, and we recommend for more information that the passenger be informed at the Nikola Tesla Airport in Belgrade by phone 011 / 209-4444 or on the website: www.beg.aero. Damage and loss of luggage on flights The passenger is obliged to report without delay on the spot to the competent airport service for lost luggage, because airlines, as a rule, refuse compensation if the damage reporting form is not filled in and submitted.
When transporting by bus, the passenger can take 2 pieces of luggage and hand it over to the authorized person of the Organizer. Children under the age of two are not entitled to free luggage. The passenger is obliged to take care of his belongings brought into the means of transport, of giving or taking over the luggage handed over to the authorized person of the carrier, ie brought into the accommodation facility. According to the valid international and domestic regulations, the passenger exercises all his rights directly from the carrier, accommodation or insurance service provider. The transfer of luggage from the parking place to the accommodation unit is the passenger’s obligation (transportation will be as close as possible to the accommodation facility). The Organizer is not responsible for the disappearance or damage of luggage in the transport from the parking lot to the accommodation facility, as well as for the forgotten things in the vehicle. Except in case of intent and gross negligence, the Organizer has no responsibility for luggage and items, which are not usually carried with them, except when he has explicitly taken the items for safekeeping. That is why the Traveler is not recommended to carry valuable items on the trip and otherwise to hand them over properly for safekeeping or to carry them with them.
It is the passenger’s duty to visibly mark his luggage with personal data, and not to leave personal documents, items and valuables in the parked means of transport, because the Organizer is not responsible for their disappearance. It is recommended that documents, gold, valuables, technical instruments and medicines be carried exclusively in hand luggage.
The passenger is obliged to report the loss, damage or disappearance of luggage during the trip to the representative of the Organizer or the direct service provider.
- CHANGE AND CANCELLATION OF THE CONTRACT BY THE ORGANIZER:
11.1. Before the start of the trip:
The Organizer is obliged to inform the Traveler about any significant change of the Program in the manner in which the Contract was concluded, no later than 5 days before the trip, and the Traveler has 48 hours from the date of receipt of the change. accepts the same. Acceptance of a new offer can also be done through the payment of the newly agreed price. In case of accepting a new offer, the Traveler has the right to a proportional reduction of the price in case the new offer is lower than the originally agreed, ie he has the obligation to pay the difference in price between the original and new offer, if the offer is higher than originally agreed. If he does not accept any alternative offered by the Organizer, the Traveler has the right to a refund of the total price paid.
The Organizer has the right to terminate the Agreement in case of:
– insufficient number of registered passengers, provided that he informed the Traveler about it no later than 5 days before the start of the tourist trip and
– due to the impossibility of fulfilling contractual obligations for which the contracting parties are not responsible, and which would have existed at the time of publishing the Program would be a justifiable reason for the Organizer not to publish the Program and not conclude the Contract, with the obligation to refund the paid funds within 15 days from the day of cancellation.
Unless otherwise specified in the Program, in order for the trip to be realized, the minimum number of registered passengers should be: for travel by bus 30 passengers, for travel on scheduled airlines in Europe 20 passengers, for travel on intercontinental airlines 15 passengers, for travel on specially contracted air charter lines, trains, hydrofoils, etc. at least 80% of capacity utilization for each means of transport.
In case of acceptance of the new contract, the Traveler waives any claims against the Organizer on the basis of the originally concluded Contract.
11.2. During the trip:
The organizer during the trip, about which he is obliged to inform the Traveler without delay, reserves the right to change the day or hour of the trip, as well as the right to change the itinerary and necessary changes to the Program if the travel conditions change (changed flight schedule, forced landing, vehicle breakdown, congestion at borders or traffic, closure of a site intended for a tour, changes in the visa regime, security situation, natural disasters or other extraordinary and objective circumstances and force majeure) without obligation to pay damages or any other passenger fees. In these cases, the Organizer bears any additional costs of changing the Program. The Organizer is released from the fulfillment of the Agreement if the Traveler interferes with the implementation of the trip due to rude and inappropriate behavior, regardless of the warning. In that case, the passenger has the obligation to compensate the organizer for any damage caused.
In case of extraordinary circumstances during the trip that could not have been foreseen in advance, and which can be classified as force majeure (terrorist attacks, state of emergency, explosions, infections, epidemics and other diseases, natural disasters, climatic conditions, etc.), both the contracting parties have the right to terminate the Contract, whereby the Organizer has the right to actual or incurred costs and the obligation to pay half of the transport costs of the return of the Passenger. The Organizer does not assume any responsibility if the Passenger refuses the offered return by the provided means of transport.
- TERMINATION OF THE CONTRACT BY THE PASSENGER:
12.1. Before the start of the trip:
The Traveler has the right to cancel the trip, about which he is obliged to inform the Organizer in writing in the manner in which the Contract is concluded. The date of written termination of the Contract is the basis for calculating the fee due to the Organizer, expressed as a percentage of the cancellation scale in relation to the total price of the trip, if
The program does not specify otherwise:
- 5% if the trip is canceled up to 45 days before the start of the trip,
- 10% if the trip is canceled from 44 to 30 days before the start of the trip,
- 20% if canceled 29 to 20 days before the start of the trip,
- 40% if canceled 19 to 15 days before the start of the trip,
- 80% if canceled 14 to 10 days before the start of the trip,
- 90% if canceled 9 to 6 days before the start of the trip,
- 100% if canceled 5 to 0 days before the start of the trip or during the trip. Notwithstanding the above, the following failure scale will apply:
- for ship cruises –
- 5% and at least 60.00 eur up to 91 days before the start of the trip,
- 15% from 90 to 45 days before the start of the trip,
- 30% from 44 to 29 days before the start of the trip,
- 50% from 28 to 15 days before the start of the trip,
- 80% from 14 to 7 days before the start of the trip,
- 95% from 6 to 3 days before the start of the trip,
- 100% on the day of travel, non-arrival or cancellation during the trip
- for recreational holidays for preschool age, outdoor classes, school and student excursions if the complete contract is canceled:
- 5% if the trip is canceled up to 120 days before the start of the trip,
- 20% if canceled 119 to 90 days before the start of the trip,
- 50% if canceled 0d 89 to 60 days before the start of the trip,
- 80% if canceled 59 to 45 days before the start of the trip,
- 100% if canceled from 44 until before the start or during the trip.
A change of the agreed place, date of travel, means of transport, accommodation facility, accommodation unit, failure to obtain a visa, non-payment of the agreed price, etc., is considered a cancellation of the passenger from the trip.
The passenger is obliged to reimburse the Organizer only the actual or incurred costs (costs of transportation, accommodation, travel arrangements, etc.), if the cancellation was due to:
- sudden illness of a passenger, spouse, child, parent, sibling of a passenger, adoptee and adoptive parent, death
- traveler, spouse, child, parent, brother or sister of the traveler, adoptee and adoptive parent, – call for military exercise of the passenger or natural disaster or state of emergency officially declared by the competent authority of the country of travel.
- For these cases, the Traveler is obliged to submit to the Organizer proof of exercising health insurance rights on the basis of temporary incapacity for work (certificate of the chosen doctor in the field of general medicine, or discharge list of inpatient health institution which explicitly confirms sudden illness and inability to travel), or death certificate. , that is, a call for military exercise. Cases of local terrorist attacks, explosions, infections, epidemics and other diseases, natural disasters, climatic conditions, etc., for which no state of emergency has been declared by the competent state authorities of the domicile or the country of travel, cannot be considered justified reasons for cancellation or interruption of the Passenger’s trip. .
- Sudden illness means a sudden and unexpected illness or infectious disease or organic disorder determined by an authorized doctor, which occurs after the conclusion of a travel contract and is not related to, nor is it a consequence of a previous health condition, and such is the nature to require treatment, stay in the hospital (hospitalization) and prevents the beginning – the use of the agreed trip. The Organizer, in case the Traveler provides an appropriate replacement or the replacement is made by the Organizer, is obliged to refund the traveled funds in the total amount, after deducting only the actual and incurred costs.
- In case of cancellation of the trip covered by the insurance policy, the passenger exercises his right directly from the insurer.
- Upon withdrawal from the Agreement, the passenger is not refunded the amount paid to the Organizer for mediation in obtaining visas, as well as paid legal and other obligations.
12.2. After the start of the trip:
If due to the cancellation of the trip the Traveler does not use some of the contracted services through his own fault, the Organizer will try to get a fee from the service provider in the name of unused services. If the service provider does not return the money, the Traveler is not entitled to a refund of the appropriate part of the price of the unused trip. In case of insignificant service or value, the Organizer is released from this obligation. If through the fault of the Organizer a significant part of the services specified in the Agreement is not performed, the Organizer is obliged to implement certain preventive measures in order to continue the trip or offer the Traveler other appropriate services until the end of the trip without additional costs for the Traveler. 14 of these General Terms and Conditions, without prejudice to other legal rights of the Passenger.
13. INSURANCE, DEPOSIT AND TRAVEL GUARANTEE:
Travel insurance is not included in the price of the trip, unless otherwise defined by the contract. The organizer advises concluding insurance that is not required by law, such as travel liability insurance, health insurance and accident insurance. If the Organizer and the Mediator offer travel insurance, it is only a matter of mediation. The insurance contract is concluded only between the Passenger and the insurance company, to whom any requests are directly addressed. You should read the insurance conditions and obligations from the contract
insurance. Insurance premiums are not an integral part of the price of the trip and are due immediately upon concluding the insurance contract. By signing the Contract, the Traveler confirms that he has been informed and referred to the security of the travel insurance package.
The travel insurance package does not cover the compulsory health insurance, so the Traveler is recommended to provide the same himself, as this may be the reason why the border authorities do not allow further travel or that the Traveler has to pay significant costs for possible treatment.
In accordance with the provisions of the Law on Tourism, the Organizer has a deposit of EUR 2,500 in the account of Erste Bank and a travel guarantee for the A20 license category in the amount of EUR 200,000, which provides for: , food and return of the Passenger from the trip to the place of departure in the country and abroad, 2. claims of paid funds of the Passenger under the Tourist Travel Agreement, which the Travel Organizer did not realize, 3. claims of paid funds of the Passenger in case of cancellation of the trip by the Passenger with the General Terms and Conditions of Travel, 4. claims for the difference between the funds paid under the Tourist Travel Agreement and the funds reduced in proportion to the non-performance or incomplete performance of the services covered by the Travel Program and for the case; B) damages are provided by damages, which are caused to the Traveler by non-fulfillment, partial fulfillment or irregular fulfillment of obligations of the Travel Organizer, which are determined by the General Terms and Travel Program: 1. for claim and 2. to claim the difference between the funds paid under the Tourist Travel Agreement and the funds reduced in proportion to the non-performance or incomplete performance of the services covered by the Travel Program. The period of coverage of the Travel Guarantee is from the date of its issuance until the end of the tourist trip, ie until the return of the Traveler to the agreed destination. The actual amount of receivables per beneficiary of the travel guarantee may be reduced proportionally in the event that the amount of receivables of all beneficiaries of the guarantee exceeds the agreed total coverage limit. Policy number POL-00430856 for travel guarantee insurance from 01.01.2020. concluded with the insurance company SAVA NEŽIVOTNO OSIGURANJE a.d.o. from Belgrade, Bulevar vojvode Mišića 51 (The passenger caught on the trip should contact the insurer as soon as possible on tel. +381113644888 or email: email@example.com. It is necessary for the passenger to state the contract number and place of travel, names of passengers , the address or telephone number through which the insurer can contact them, as well as all data and evidence necessary to determine the cause, extent and amount of damage.Travel guarantee is activated without delay, or within 14 days from the date of the insured event).
(The passenger exercises his rights for compensation on the basis of a final and enforceable court judgment, ie, a decision of the Arbitration Court or another out-of-court settlement of a consumer dispute, in accordance with these General Terms and Conditions)
- ASSISTANCE, COMPLAINT, LAWSUIT AND DISPUTE RESOLUTION:
The travel organizer is obliged to prominently display a notice at the point of sale on the manner and place of filing a complaint and to ensure the presence of a person authorized to receive complaints during working hours.
The travel organizer is obliged to keep records of received complaints, and to keep it for at least two years, from the day of submitting the passenger’s complaint.
The passenger is obliged to inform the local representative of the Organizer without delay on the spot, and if the latter is not available, to the direct service provider (eg carrier, hotelier, etc.), or if these persons are not listed in the travel documents directly to the Organizer.
For help, emergencies and other cases, as well as complaints, the Traveler can contact the Organizer via tel. number +381604110432 or via e-mail: firstname.lastname@example.org. For urgent and similar procedures, it is necessary for the Traveler to state the contract number, place of travel, name of the accommodation facility, name of the passenger, address or telephone number, etc. through which it can be contacted.
The passenger is obliged to cooperate in good faith and patiently wait for a time frame of 24-48 hours to eliminate the justified complaint on the spot (eg refrigerator failure, power outage or water, poorly cleaned apartment and other shortcomings) and accept the offered solution that suits contracted service.
If the cause of the complaint has not been eliminated on the spot, the Traveler with the representative of the organizer or the direct executor of services (interference, transport and other services from the Program) draws up a written confirmation in two copies made and signed by both parties. The passenger retains one copy of this certificate.
If the cause of the complaint is removed on the spot, the Traveler is obliged to sign a certificate of the same, otherwise the fact that he continued to use an adequate alternative solution is considered that the Program has been fully implemented.
Local representatives do not have the right to recognize any requests for compensation, but only the Organizer.
The Passenger may not request a proportional reduction of the price, termination of the Contract and compensation for damages if he unscrupulously and in the prescribed manner fails to inform the authorized representative and the Organizer on the spot, without delay and about the shortcomings between provided and contracted services.
If the deficiencies are not eliminated on the spot, the Traveler is obliged within eight days from the end of the trip, or within thirty days from the day of determining the defects, exclusively to the Organizer, to submit a grounded and documented complaint (written complaint on the spot, invoices costs, request by type of unperformed services factually concretized and quantified in relation to each passenger individually, witnesses and other evidence) and demand reimbursement of the difference in price between contracted and unperformed or partially performed services. Each passenger who signs the contract in his own name and on behalf of the person from the contract or the person with a proper power of attorney, submits the complaint individually, because the organizer will not consider group complaints.
It is desirable that the Traveler submits the complaint in writing to the address of the Organizer in Belgrade, 59 Gospodar Jevremova Street.
The traveler can file a complaint orally at the point of sale where he concluded the Travel Agreement, or another place designated for receiving the complaint, electronically, or on a permanent record carrier, with the submission of documentation showing the merits of the complaint.
The organizer is obliged to take into the procedure only timely, reasoned and documented complaints, after the complaint of the Traveler, and the cause of which could not be eliminated during the trip on the spot and to issue a written confirmation to the Traveler or electronically confirm receipt of the complaint which recorded his complaint in the records of received complaints.
The organizer is obliged to submit a written answer to the passenger within 8 days and pay the difference in price, from the day of receipt of a proper complaint. The travel organizer may extend this period with the consent of the passenger and record it in the book of complaints.
If the complaint is not complete and it needs to be edited, the organizer will provide the passenger with an answer to edit it within the set deadline under the threat of omission.
The organizer will, in accordance with good business practices, respond to the passenger within the legal deadline and for complaints that are untimely, unfounded or irregular.
The reduction of the price after the passenger’s complaint can reach only the amount of the complained and unperformed part of the service, it cannot include the already used services, nor can it reach the amount of the entire contracted price. The amount of compensation, which is paid upon a well-founded and timely complaint, is proportional to the degree of unperformed, ie partially performed service. If the Traveler accepts the payment of compensation in the name of a proportional reduction of the price, or any other type of compensation, it is understood that he agrees with the proposal of the organizer for a peaceful settlement of the dispute, and thus waives all further claims against the Organizer, regardless of the fact whether he signed a written confirmation of the reimbursement with a clause on the final resolution of the disputed relations. It will be considered that the refund of the difference in price to the passenger has been made and an agreement has been reached with the passenger in accordance with the law, these General Terms and Conditions, when the Organizer offered the passenger a real difference in price for inadequately provided services. the conclusion of the travel contract, and other available evidence, and that the organizer acted in accordance with the positive regulations.
The Organizer is not responsible for omissions, ie for damage caused to the Traveler by direct service providers who comply in accordance with the regulations that apply to them, if he acted as a careful Organizer in selecting the persons who performed these services.
Any request of the Passenger to initiate proceedings before other persons before the expiration of the deadline for resolving the complaint will be considered premature, as well as informing the media and media about the violation of the Agreement.
- TRAVEL PROGRAM AT THE REQUEST OF PASSENGERS AND INDIVIDUAL SERVICES:
15.1. Travel program at the request of the Traveler:
Individual travel (hereinafter: Program at the request) of the Traveler is a combination of two or more services, which is not offered by the Organizer, or which the Organizer has not previously announced, but made at the request of the Traveler.
The provisions of the previous points of these General Terms and Conditions shall apply to the Program upon request, unless otherwise regulated by this point.
If, at the request of the Passenger, several individual services from the Organizer’s offer are combined and contracted (eg flight and round trip, etc.), the cancellation fee is calculated per individual service and is finally collected.
The Passenger has the right to withdraw from the Agreement, of which he is obliged to inform the Organizer in writing. The date of written termination of the Agreement is the basis for calculating the fee due to the Organizer, expressed as a percentage of the total price of the requested trip, unless otherwise specified by the Program, as follows:
- 5% if the trip is canceled up to 60 days before the start of the trip (timely cancellation)
- 15% if the trip is canceled 60 to 30 days before the start of the trip,
- 20% if canceled 29 to 20 days before the start of the trip,
- 40% if canceled 19 to 15 days before the start of the trip,
- 80% if canceled 14 to 10 days before the start of the trip,
- 90% if canceled 9 to 6 days before the start of the trip,
- 100% if canceled 5 days before the start of the trip or during the trip.
15.2. Individual services and “Reservations on request”:
If the Traveler reserves or contracts only one service, the Organizer acts only as an intermediary of another’s service (hereinafter: Service intermediary).
For individual and “reservations on request” the Traveler makes a deposit on behalf of the reservation costs, which cannot be less than 50 EUR in dinar equivalent per sales change of the Organizer’s bank on the day of payment. If the reservation is accepted by the Traveler, the deposit is included in the price of the service. If the reservation is not confirmed by the Organizer within the agreed period, the deposit is returned in full to the Traveler. If the Traveler does not accept the offered or confirmed reservation, which is fully in accordance with the requirements of the passenger, the amount of the deposit is retained by the Organizer in full.
The organizer, except for his gross negligence and negligence, is not liable for defects, material and physical damage to individual travel services at the request of passengers, for which he is only an intermediary between the Traveler and direct service providers (eg individual accommodation, transport, tickets for sports events, excursions, car rental, etc.). By obtaining proof of the contracted individual service, the contractual relations between the Passenger and each individual service provider enter into force.
For individual tourist services, the following cancellation scale applies, unless otherwise agreed
- for hotel accommodation:
- up to 30 days before the start of the trip 10%
- from 29 to 22 days before the start of the trip 15% from 21 to 8 days before the start of the trip 25% from 7 days before the start of the trip 50%
- from 6 days before and after the start of use 100% of the price
- for apartment rental per unit:
- up to 45 days before the start of the trip 20%
- from the 44th to the 30th day before the start of the trip 50%
- from the 29th day before the start of the trip 70% and
- from 15 days before and after the start of use 100%,. c. when renting a caravan and motorbike:
- up to 31 days before the start of the trip 20%
- from 30 to 22 days before the start of the trip 30% from 21 to 8 days before the start of the trip 50% from 7 to 3 days before the start of the trip 65%
- from the 2nd day before the start of the trip or in case of no-show 80%
- Renting a car:
The passenger accepts in full the General Terms and Conditions of Renting a Car, which are located on the back of a standard Car Rental Agreement.
Unless otherwise provided by the car rental agreement, the following rules apply:
Reservations and confirmations are valid only for the reserved vehicle category, never for a specific model. Agencies reserve the right to make the same or more expensive vehicle available to clients than the one reserved, which can in no way be a reason to request compensation for damage, e.g. due to increased fuel consumption. Vehicle rental is charged upon completion of the service.
As a rule, it is necessary to reserve funds on the spot, ie to leave a security deposit. In case of a traffic accident, damage or theft of the rented vehicle, the security deposit is retained as a co-payment.
In the following cases, the liability of the Passenger is exclusive for: damages resulting from non-compliance with the rental conditions; gross negligence or alcoholism while driving; damage to the oil sump or the undercarriage of the vehicle; caused costs for hotel, telephone or transportation, loss or damage to keys, costs for private items, which were damaged in a car accident or stolen from a vehicle, complete damage to tires. In case of damage to the vehicle on the spot, the Passenger is obliged to: immediately inform the police and make a police report on the accident and damage and immediately inform the car rental agency. The agency and the insurance company cannot admit either partial or total damage to the vehicle if the authorized driver drove under the influence of alcohol, drugs, etc. The policy provides the Passenger, as well as another authorized driver in accordance with the provisions of the general insurance conditions and the Lease Agreement. The obligatory insurance policy according to the law only covers injury and / or death of a person (passenger) and damage caused to a third party and his property. The following documents are required to accept damages and recover participation: police record and damage record; a copy of the rental agreement, proof of payment of the deposit (car rental agency account or credit card statement), original keys and vehicle license. The fee for airport services for car rental that started at the airport is paid in the amount of 10% of the amount of the rental agreement. The fee for taking over or delivering a vehicle outside the location of the agency in the country, as well as abroad, is paid a special fee. With the rented vehicle, the Traveler can travel abroad under special conditions and with the special consent of the agency.
The costs of fuel used for the vehicle during the rental period are paid by the Passenger. Child seats, snow chains, etc. at the request of the Passenger they may be provided at an additional charge.
The passenger confirms that his personal data will be entered into the vehicle rental agreement credible and that he agrees can be transferred to third parties in order to establish his identity and financial credibility.
- other individual services:
Reserved individual services such as tickets for concerts, opera, theater, balls, transport tickets / stamps (eg metro, train, bus), ferry tickets, ski passes, sightseeing, museum tickets and individual transfers, etc. in the event of cancellation, the Passenger is charged costs in the amount of the price agreed for each individual service.
In the case of a contracted individual transport service, in case of timely cancellation, the already received tickets for regular flights, railway tickets or ferry tickets should be returned, because otherwise full prices must be charged.
In the event that the Holiday Traveler has booked an apartment, the Organizer warns of the possibility that the lessor may request an appropriate deposit for incidental expenses and any damage incurred when handing over the holiday apartment.
- PROTECTION OF PERSONAL PERSONAL DATA:
Personal data of passengers, which he provides voluntarily, is a business secret of the Organizer. The passenger agrees that the Organizer may use personal data for the realization of the agreed travel program, whereby the addresses, place, time and price of the trip and the names of the companions cannot be communicated to other persons, except to persons specified by special regulations.
- OBLIGATION TO APPLY:
The Organizer may, by the Program or Special Travel Conditions, provide for different provisions in relation to these General Terms, due to special conditions and rules for direct service providers, as well as for trips with special contents (on the occasion of sports, congress and similar international events types of tourism – school, hunting and fishing, extreme sports, etc.) and which are an integral part of such Agreements.
The inefficiency of certain provisions of the Agreement does not result in the inefficiency of the entire Travel Agreement, which also applies to these
The Traveler and the Organizer agree on the local jurisdiction of the court according to the seat of the Organizer, with the application of these General Terms and Conditions of the Republic of Serbia.
These General Terms and Conditions are valid from 01.01.2020. yr. on which day the General Terms and Conditions published on January 25, 2019 cease to be valid. years.
M.P. Ana Ristovski