Pursuant to Article 56 of the Law on Tourism (“Official Gazette of RS” No. 36/2009 and 88 / 2010-84 / 2015) Jana Baković PR Travel Agency “Đerdap Travel” from Donji Milanovac on 22.05.2018. yr. determines the following:
GENERAL TRAVEL CONDITIONS
1. PRE-CONTRACTUAL NOTIFICATION:
By signing the standard travel contract (hereinafter: the Contract) by his signature on behalf of all passengers from the Contract (hereinafter: the Traveler) he confirms that he has been handed these General Travel Conditions (hereinafter: General Conditions), travel program (hereinafter: the 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 and health insurance.
The provisions of these General Terms and Conditions form an integral part of the Agreement between the Traveler and TA “Đerdap Travel” as a travel organizer (hereinafter: the Organizer) and are binding on both parties, except for the provisions defined by a special written contract or Program. Prior to concluding the Agreement, the Organizer may at any time change the description of its services in the Program and notify the Traveler within a reasonable time, without delay in writing, on paper and other durable medium, which the Traveler and the Organizer agree that before concluding the Agreement. all possible changes in the data from the Program, notified in due time, before the conclusion of the Agreement.
In case there is a difference between the Passenger’s application and the amended proposal of the Organizer, the new Program is considered a new proposal and binds the Organizer for the next 48 hours. If the Traveler does not inform the Organizer within the specified period, whether he accepts the newly made Program offer, the Contract is considered terminated by agreement. Before signing the contract, the travel organizer informed the passenger about the rights, based on the travel guarantee in case of insolvency and damages.
2. APPLICATIONS, 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 an agreement with the Organizer on the indirect sale of the trip (hereinafter: the Mediator). An intermediary who offers for sale and sells a tourist trip is obliged to indicate in the Travel Program and the Travel Certificate the property in which he / she is performing. The Passenger’s application becomes valid when it is confirmed by concluding the Contract, in the manner in which the Application was made, and by paying an advance in the amount of 30% of the price of the arrangement, unless otherwise agreed. The rest of the agreed price, unless otherwise agreed, is paid 15 days before the start of the trip. If the Passenger does not make the payment in full within the deadline, it is considered that the trip was 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 becomes an integral part of it and cannot be changed, unless the contracting parties explicitly agree otherwise, or, if the changes are 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. For timely payment, the date of payment, to the account of the Organizer or the Mediator, is relevant. 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.
3. OBLIGATIONS AND RIGHTS OF THE ORGANIZER:
– In the Agreement, except for services from the Program, special requests of passengers are entered, with which only the Organizer agreed,
– Pay a proportional real difference between the agreed price and the price of the trip, reduced in proportion to non-performance or incomplete performance of the Agreement (hereinafter: Price reduction). and substantiated written complaints – Complaints of the Traveler, in accordance with the law and these General Terms, unless the omissions in the execution of the Contract occurred: through the fault of the Traveler, or attributed to a third party who was not contracted direct service provider in the implementation of the Program events over which the Organizer has no influence and whose consequences are inevitable despite the application, due attention or some other events that the Organizer could not have foreseen and overcome,
– In accordance with good business practices in this area to take care of the rights and interests of travelers, and to inform the citizens of the Republic of Serbia about the regulations of our, transit and destination countries (border, customs, sanitary, monetary and other regulations), in accordance with which the passenger must meet certain conditions for the realization of a tourist trip.
– Before departure, submit the name, address and telephone number of the local representative, ie local partner agency, and exceptionally and if necessary, the address and telephone number of the Organizer for emergency assistance to the Traveler,
– 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, Agreement 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.
4. OBLIGATIONS AND RIGHTS OF PASSENGERS:
– To get acquainted in detail, as well as all persons from the Contract, with the Program, General Conditions and Travel Guarantee, to point out special requirements that are not covered by the published Program,
– To provide optional travel insurance policies, because it does not provide and is not responsible for them Organizer,
– To pay the agreed price under the conditions, deadlines and in the manner prescribed by the Contract,
– To timely provide the Organizer with accurate and complete data and documents required to organize the trip and guarantee that he, his documents, luggage, etc. meet the requirements of our regulations. , countries of transit and destination (border, customs, sanitary, monetary and other regulations),
– To compensate the damage caused to direct service providers or third parties by violating legal and other regulations and these General Terms and Conditions,
– To timely appoint another person to travel instead, to reimburse the Organizer for actual costs caused by replacement and to be jointly and severally liable for unpaid part of the agreed price.
– To communicate a justified complaint without delay on the spot, as a rule in writing, to the Organizer or persons listed in the travel documentation,
– To be informed before concluding the contract, 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.
5. PRICES AND CONTENT OF SERVICES:
Prices are expressed in foreign currency, and payment is calculated in dinars according to the selling rate of the Organizer’s commercial bank on the day of payment, ie, 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 Traveler’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, pre-prepared and published a combination of at least two or more of the following services of average quality, common for a given destination and facilities, namely: accommodation, food, transport, preparation and organization of travel, for which a single price is agreed. hereinafter: Standard Services).
The price of the package does not include, unless otherwise agreed (hereinafter: Special Agreement), costs: airport and port taxes, local tourist guide, special services of the organizer, tourist animator, optional programs, use of deck chairs and parasols, obtaining visas, tickets to facilities and events, passenger and luggage insurance, 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 features (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 realization of discounts for children as well as other benefits that are 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 years 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 the Traveler, the Organizer has the right to charge the difference up to the full price of the trip.
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.
If the Traveler does not notify the Organizer in writing to withdraw from the Agreement within the specified period, it is considered that he agrees with the new price, which may be through the payment.
6. CHANGE OF PRICE AND RIGHT OF PASSENGERS TO CANCELLATION:
If the Traveler cancels the trip in time (from 90 to 45 days) – the Organizer has the right to reimbursement of administrative costs. The organizer may request an increase in the agreed price before the start of the trip if after the conclusion of the Agreement there was a change in the exchange rate, when the price is expressed in dinars, immediately after learning that there was an increase in prices by the service provider. To increase the agreed price by the Organizer, the Traveler has the right to: request a replacement for a similar Program without additional payment from the Organizer’s offer or may terminate the contract without written compensation without compensation. If within a reasonable period, not longer than 48 hours, the Traveler does not notify the organizer in writing to accept the change of the agreed price, it is considered that he has terminated the Contract.
7. 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. The services, 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, not 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 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, which may affect the time of departure of aircraft and other means of transport. which the Organizer 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 include 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,
For air arrangements, the agreed time of the start of the trip is the meeting of passengers at the airport, which is at least 2 hours earlier than the first announced time of departure, by the airline. In case of moving the specified time of departure 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, takeoff – landing of the plane, with 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” 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 full-time 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), are binding on the Traveler, and non-compliance with these instructions is a violation of the Agreement, and all possible consequences and damage in such a case. Changes or deviations of certain services, which are not caused by the will of the Organizer are allowed, as long as they do not have a negative impact on the overall concept of the contracted trip. If for the above reasons,
The organizer bears all costs of alternative transportation at least in the amount of the 2nd class ticket. 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.
8. ACCOMMODATION, NUTRITION AND TRANSPORT:
obligatorily indicated in the Travel Program, with the remark that:
– The Traveler will be accommodated in any officially registered accommodation unit in the accommodation facility described in the Program, regardless of the Traveler’s characteristics, location and position of the facility, number of floors, proximity to noise, parking, etc. characteristics,
– Accommodation of passengers in the facility is, at the earliest after 16.00 on the day of the beginning of the use of the service, and leaving the facility no later than 09.00 on the day of the end of the use of the service. The passenger is not entitled to a refund due to arbitrary, ie, caused by his fault occasional or premature departure from the accommodation facility, neither the price of hotel service, nor the price of transportation,
– Triple and quadruple accommodation units (rooms, studios, apartments, etc.) are determined in in accordance with the categorization and regulations of the domicile country.
– The operation of air conditioners in accommodation facilities varies by destination and facility and does not imply uninterrupted operation of the same 24 hours,
– The organizer is not liable to the Passenger for damage caused by his non-compliance with legal regulations, rules and customs established by carriers, hoteliers and other direct providers. service,
– 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 same or higher category in the agreed accommodation at the expense of the Organizer, and accommodation in lower categories can be done with the consent of the Traveler. and reimbursement of the difference 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, number of people in the room, etc. ., because the Organizer is not liable for damages incurred on that basis.
obligatorily indicated in the Travel Program, with the remark that:
– Raznovrsnost, kvalitet hrane i servisa ishrane, zavisi pretežno od visine cene aranžmana, kategorije objekta, destinacije i lokalnih običaja bez obzira da li je usluživanje po principu samoposluživanje ili posluživanja (menija),
– Usluga All inclusive i bilo koja druga, podrazumeva usluge po internim hotelskim pravilima, i ne mora biti identična ni u okviru iste kategorije na istoj destinaciji. Organizator je upoznao Putnika sa sadržajem All inclusive usluge u pismenoj formi,
– Doručak, ako drugačije nije naznačeno u Programu, podrazumeva kontinentalni doručak,
– 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, if it is provided by the Travel Program. 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 the food service performed in accordance with that agreement.
Unless otherwise specifically agreed:
– Transport and transfers are performed by standard tourist buses or other means, according to regulations and criteria valid in the country where the carrier is registered when hired by the Organizer, and regulations, principles and rules set by the carrier apply (eg transport in any transport the means does not include numbered seats, nor included meals and drinks during the trip, etc.). The passenger has the obligation to accept any offered place in the means of transport,
– The organizer has the right to hire for transport all types of tourist buses that meet the requirements of the regulations (bus or double decker), as well as other means of transport
, if circumstances require, if engaged mini-bus it is necessary to define the number of seats,
– Toilets are not used in buses while driving, unless it is approved. The passenger is obliged to compensate all the damage caused by his negligence in the means of transport on the spot. The passenger is obliged to check and harmonize his personal and travel documents and luggage before the trip, and in case of irregularities inform the guide / travel companion,
– 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 in the presence of the police to remove him from the means of transport and further transport to the destination will not be the obligation of the Organizer. 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,
– Travel direction, breaks, places and length of their duration are determined by the guide / companion – driver. The guide / escort-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.
– The passenger is obliged to follow the instructions of the driver or guide / travel companion (length of the break, etc.),
– 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 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, which regulate the mentioned types of transport, and are beyond the influence and responsibility of the Organizer.
9. 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 Travelers, citizens of other countries, of the conditions (visa, customs, health, etc.) that apply to the country of destination or transit, but the obligation of a foreign citizen to inform the competent consulate, and that the Traveler provide the necessary conditions and documents in a timely and orderly manner. A traveler traveling abroad must have a valid travel document, valid for at least another 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 process of submitting documentation, it 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 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 passenger is obliged to contract special services related to his health condition, such as. specific diet, 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 Traveler is obliged to perform the necessary vaccinations and provide appropriate certificates, and in case of possible consequences is responsible for the damage. 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 himself.
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.
The Passenger is especially warned that: Transportation 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 indicated in the Travel Program. Transportation of special luggage from the airport to the hotel and back is the exclusive obligation of the Passenger. 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 / 209-44444 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. The passenger is obliged to report the loss, damage or disappearance of luggage, during the trip, to the representative of the Organizer. When transported by bus, the Passenger can take 2 pieces of luggage per seat user, 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 (personal luggage), about giving or taking over the luggage handed over to the authorized person of the carrier, ie brought into the accommodation facility. According to the above, the Traveler exercises all his rights with the code, ie, through the Travel Organizer, or directly from the carrier, accommodation or insurance service provider, and in accordance with applicable international and domestic regulations. Transfer of luggage from the parking place to the accommodation unit is the obligation of the Traveler (transportation will be as close as possible to the accommodation facility). The Organizer is not responsible for forgotten items in the vehicle.
Except in the case of intent and gross negligence, the Organizer has no responsibility for precious items, which are usually not carried with them, except when he has explicitly taken the items for safekeeping. Therefore, it is not recommended for the Traveler to carry valuable items on the trip, 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, things and values 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, and that they be deposited in a safe, if possible.
The passenger is obliged to report the loss, damage or disappearance of luggage during the trip, to the representative of the Organizer.
11. CHANGE AND CANCELLATION OF THE CONTRACT BY THE ORGANIZER:
11.1. Before the trip:
The Organizer may make changes to the Travel Program only if the changes are caused by extraordinary circumstances that the Travel Organizer could not have foreseen, avoided or eliminated. The costs incurred due to the change of the Program are borne by the Organizer, and the reduction of costs is in favor of the Traveler. Replacement of contracted accommodation can be done only by using a facility of the same category, or at the expense of the Organizer, using a facility of a higher category and in the contracted place of accommodation. If significant changes are made in the Travel Program without justified reasons, the Travel Organizer must fully return what he received from the Traveler, who therefore canceled the trip. (Art. 879 ZOO).
The Organizer has the right to terminate the Agreement in case of:
– Insufficient number of registered passengers, obligatorily indicated in the Travel Program, provided that he informed the Traveler about it within the Travel Program before the start of the tourist trip and
– Due to the impossibility of fulfilling contractual obligations for which the contracting parties are not responsible. time of publishing the Program, were a justified reason for the Organizer not to publish the Program and not to conclude the Agreement, with the obligation to refund the paid funds to the Traveler no later than 15 days from the day of cancellation.
In case of acceptance of the new Agreement, the Traveler waives any claims against the Organizer, based on the originally concluded Agreement.
11.2. During the trip:
During the trip, the organizer, which is obliged to inform the Traveler without delay in the most appropriate way, 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. vehicle breakdown, congestion at borders or traffic, closure of a site intended for a tour, changes in visa regime, security situation, natural disasters or other extraordinary and objective circumstances and force majeure) without obligation to pay damages or any other compensation to the Passenger. In these cases, the Organizer bears any additional costs of changing the Program.
If the Traveler interferes with the implementation of the trip due to rude and inappropriate behavior, regardless of the warning, the Organizer may request reimbursement of any costs incurred.
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.
12. TERMINATION OF THE CONTRACT BY THE PASSENGER:
12.1. Before the trip:
The Passenger has the right to cancel the trip, about which he is obliged to inform the Organizer in writing in the manner as concluded by the Contract. 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 cancellation scale in relation to the total price of the trip, unless otherwise specified by the Program, as follows:
If the Traveler cancels the trip in time (90 to 45 days), the Organizer has the right to reimburse only the incurred administrative costs.
10% if canceled 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:
a. for ship cruises
5% and at least 60.00 eur up to 91 days before the start of the voyage,
15% from 90 to 45 days before the start of the voyage,
30% from 44 to 29 days before the start of the voyage,
50% from 28 to 15 days before the voyage 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 the trip, non-arrival or cancellation during the trip
b. for recreational holidays for preschool age, outdoor classes, school and student excursions if the complete contract is canceled:
5% if 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 between 59 and 45 days before the start of the trip,
100% if canceled from 44 to before the start or during the trip.
A change of the agreed place, date of travel, means of transport, accommodation facility, accommodation unit, non-obtaining a visa, non-payment of the agreed price, etc., is considered as 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 the Traveler, spouse, child, parent, brother or sister of the Traveler, adoptee and adoptive parent, death of the passenger, spouse, child, parent, brother or sister of the traveler, adoptee and adoptive parent – call for military exercise of the Traveler or natural disaster or emergency conditions 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 selected doctor in general medicine, or discharge list of inpatient health care institution, which explicitly confirms sudden illness and inability to travel), or death certificate, ie a call for military exercise. Cannot be considered justified reasons for cancellation or interruption of travel of Travelers, 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 country. travel.
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 replacement of the Passenger, the Organizer is obliged to conclude the Contract with the new passenger.
In case of cancellation of the trip, which is covered by the insurance policy, the Traveler exercises his right directly from the insurer.
Upon withdrawal from the Agreement, the Traveler 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 starting 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, the unused trip. In case of insignificant service or value, the Organizer is released from this obligation. If the fault of the Organizer does not perform a significant part of the services specified in the Agreement, the Organizer is obliged to implement certain preventive measures to continue the trip or offer the Traveler other appropriate services, until the end of the trip without additional costs
for the Traveler. with point 14 of these General Terms and Conditions, without affecting other legal rights of the Passenger.
13. TRAVEL INSURANCE AND GUARANTEE:
Travel insurance is not included in the price of the trip. 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 insurance contract. 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 travel guarantees in the amount of 300,000 euros, which in case of A) insolvency of the Travel Organizer provides: 1. costs of necessary accommodation, meals and return of passengers from travel to the place of departure in the country and abroad claims of paid funds of the Traveler on the basis of the Contract on tourist travel, which the Travel Organizer did not realize, 3. claims of paid funds of the Traveler in case of cancellation of the trip by the Traveler, in accordance with the General Travel Conditions, 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. Policy number 30000007468 from 22.05.2018. concluded with the insurance contractor Joint Stock Insurance Company “Millennium Insurance” ado, Belgrade, st. Bulevar Mihajla Pupina no. 10L, is a travel guarantee and is activated without delay, ie within 14 days from the date of the insured event with the insurance company, in writing or by telegram to the address Joint Stock Insurance Company “Millennium Insurance” ado, Belgrade, st. Bulevar Mihajla Pupina no. 10L or by mail: email@example.com. concluded with the insurance contractor Joint Stock Insurance Company “Millennium Insurance” ado, Belgrade, st. Bulevar Mihajla Pupina no. 10L, is a travel guarantee and is activated without delay, ie within 14 days from the date of the insured event with the insurance company, in writing or by telegram to the address Joint Stock Insurance Company “Millennium Insurance” ado, Belgrade, st. Bulevar Mihajla Pupina no. 10L or by mail: firstname.lastname@example.org. concluded with the insurance contractor Joint Stock Insurance Company “Millennium Insurance” ado, Belgrade, st. Bulevar Mihajla Pupina no. 10L, is a travel guarantee and is activated without delay, ie within 14 days from the date of the insured event with the insurance company, in writing or by telegram to the address Joint Stock Insurance Company “Millennium Insurance” ado, Belgrade, st. Bulevar Mihajla Pupina no. 10L or by mail: email@example.com.
(The passenger exercises his rights for damages 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.)
14. ASSISTANCE, COMPLAINTS, LAWSUITS 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 in urgent cases if he is not currently 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 +38600568554., on weekdays from 9 am to 5 pm, on Saturdays from 9 am to 5 pm CET or via e-mail: djerdaptravel @ gmail.com. For urgent and similar procedures, it is necessary for the Traveler to state the number of the Contract, place of travel, name of the accommodation facility, name of the passenger, address or telephone number, etc., through which he can be contacted. The passenger is obliged to cooperate in good faith in the complaint procedure in order to resolve the problem within a reasonable time, depending on the nature of the complaint (eg refrigerator failure, power outage or water, poorly cleaned apartment, etc. defects) and accept the offered solution that corresponds to the contracted service.
If the cause of the complaint has not been eliminated on the spot, the Traveler, together with the representative of the Organizer, draws up a written confirmation in two copies, which both parties compile and sign. The passenger keeps one copy of this certificate.
If the cause of the complaint is eliminated 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 is 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 to submit a substantiated and documented complaint (written complaint on the spot, invoices for paid costs) within eight days from the day of the end of the trip, ie within thirty days from the day of determining the “deficiencies”. , request by types 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, ie partially performed services. Each Traveler signing the Agreement, in his own name and on behalf of the person from the Agreement, or the person with a proper power of attorney for representation, complaints, submits individually, because the Organizer will not consider group complaints.
It is desirable that the passenger submits the complaint in writing to the address of the Organizer, ul Kralja Petra bb, 19220 Donji Milanovac.
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 deliver a written answer to the Traveler within 8 days from the day of receipt of a proper complaint and to pay the difference in price within the next period of 15 days. The travel organizer may extend this period with the consent of the Traveler and record it in the book of complaints.
If the complaint is not complete and it needs to be edited, the Organizer will deliver the answer to the Traveler, to edit it within the set deadline, under the threat of omission. The organizer will, in accordance with good business practices, respond to the Traveler within the legal deadline and for complaints that are untimely, unfounded or irregular. The reduction of the price upon 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 agreed price. The amount of compensation, which is paid upon a well-founded and timely complaint under the Contract, 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 waived all further claims against the Organizer regarding the disputed relationship, regardless of the fact whether he signed a written confirmation of the refund, with a clause on the final resolution of mutual disputes. 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 General Conditions of YUTA, when the Organizer offered the Passenger a real difference in price for inadequately , which was valid on the day of concluding the Travel Agreement, and other available evidence, and that the Organizer acted in accordance with the positive regulations. regardless of the fact whether he signed a written confirmation of the reimbursement, with a clause on the final resolution of mutual disputes. It will be considered that the refund of the difference in price to the Traveler has been made and an agreement has been reached with the Traveler in accordance with the law, these General Terms and Conditions of YUTA, when the Organizer offered the Traveler a real difference in price for inadequately provided services. , which was valid on the day of concluding the Travel Agreement, and other available evidence, and that the Organizer acted in accordance with the positive regulations. regardless of the fact whether he signed a written confirmation of the reimbursement, with a clause on the final resolution of mutual disputes. It will be considered that the refund of the difference in price to the Traveler has been made and an agreement has been reached with the Traveler in accordance with the law, these General Terms and Conditions of YUTA, when the Organizer offered the Traveler a real difference in price for inadequately provided services. , which was valid on the day of concluding the Travel Agreement, 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 the direct service providers, who respond 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, a violation of the Agreement.
15. TRAVEL PROGRAM AT THE REQUEST OF PASSENGERS AND INDIVIDUAL SERVICES:
15.1. Travel program at the request of the Traveler:
Individual trip (hereinafter: Program on request) of the Traveler is a combination of two or more services, as well as a multi-day stay that includes only the accommodation service in certain terms, which is not offered by the Organizer, or which the Organizer has not previously announced, but made by 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.
The Passenger has the right to withdraw from the Agreement, about which he is obliged to inform the Organizer in writing. The date of written termination of the Agreement is the basis for the calculation of 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:
If the Traveler cancels the trip in time (90 to 60 days), the Organizer has the right to reimburse only the administrative costs incurred.
15% if the trip is canceled 59 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 only one service, the Organizer acts only as an intermediary of someone else’s service (hereinafter: Service Intermediary) and does not have the legal position of the Travel Organizer, but an intermediary.
For individual and “reservations on request”, the Traveler makes a deposit on behalf of the reservation costs, which can not be less than 50 euros, in dinars, according to the sales change of the bank of the service intermediary, 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 service intermediary 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 Traveler, the amount of the deposit is retained by the service intermediary, in full.
The service intermediary, except for his gross negligence and negligence, is not liable for defects, material and physical damage in individual tourist services at the request of the Traveler, 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, contractual relations enter into force, exclusively between the Passenger and each individual service provider.
16. PROTECTION OF PASSENGERS ‘PERSONAL DATA:
The Passenger’s personal data, which he / she provides voluntarily, represent a business secret of the Organizer. The Traveler agrees that the Organizer may use personal data for the implementation of the agreed Travel Program, whereby the addresses, place, time and price of the trip and the names of the passengers 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 and special 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 General Terms and Conditions.
The Traveler and the Organizer agree on the jurisdiction of the Arbitration Court of YUTA, Belgrade, Kondina 14 for resolving mutual disputes, with the application of these General Terms and Conditions, as well as the General Terms and Conditions of Travel of YUTA and regulations of the Republic of Serbia. By agreeing on the jurisdiction of the Arbitration Court of YUTA, the rights of the Traveler to initiate a certain procedure or to use a certain legal remedy for the protection of their rights, in the manner provided by the regulations of the Republic of Serbia, are not denied.
These General Terms and Conditions are valid from May 22, 2018. yr
Jana Baković PR TA “Đerdap travel”
IS AUTHORIZED WITHOUT STAMPS AND SIGNATURES