GENERAL TRAVEL TERMS

Based on the article 56 of the Law on Tourism  (“Sl. glasnik RS”, No. 36/2009, 88/2010, 99/2011, 93/2012 and 84/2015) management of the company Čiča Gliša doo – Taratours travel agency from Bajina Bašta on February 13th 2019 establishes the following

 

GENERAL TERMS AND CONDITIONS OF TRAVEL

 

The provisions of these General Terms and Conditions are an integral part of the travel contract between the traveler and the “Čiča Gliša” doo – “Taratours” travel agency as the organizer and are binding for both parties, except for the provisions in the specific written agreement or in the travel program.

 

 

1. PRECONTRACTUAL NOTIFICATION: By signing  the  Contract, the Traveler  confirms  that  these  General travel  terms  and  conditions  of travel, the travel program, the travel guarantee confirmation have been    presented to him, as  well as insurance conditions, which  are an  integral  part of  the  contract and  that he (as well as all the travelers  from the contract) is familiar with them and accepts them fully. Before   concluding   the Contract, the Organizer is obliged to notify the Traveler about any change of the tour program in written form. If the Traveler applied for the trip using means of distance communication, Organizer is obliged to inform him about eventual changes on the same way that application was made, and in  the  following  48h the Traveler  can  accept or not new offer and inform the Organizer about that. If the Traveler does not inform the Organizer in the said time period that the newly made Program – offer is not accepted, the Contract is considered cancelled.

 

2. APPLICATION, PAYMENT AND CONTRACT: The Traveler can apply for the trip in the headquarters, branches, i.e. separate offices of the Organizer (hereinafter: Organizer), as well as in  other  authorized agencies (hereinafter: Mediator). When the Mediator does not indicate in travel program (which must be identical to Organizer’s travel program, without any change) and contract – travel confirmation that he takes the role of a Mediator, the Organizer is not responsible for the carrying out of the Program for the Traveler, and that obligations fall to the Mediator.

Travel  registration  becomes  valid when it’s confirmed by Organizer and by  signing a written  contract – travel confirmation  which may be in electronic form in accordance to article 3 of the Law on Electronic Signature (hereinafter: Contract).

The  Traveler  is  obliged  to  pay  in  advance 50%  of  the price of the travel arrangement, and the remaining balance 15 days prior to travel, unless the travel arrangements define  otherwise.

If the Traveler does  not make  the  payment in full, it is considered that the  journey  is  canceled  in accordance  with  Section 10 of General  Terms  and  Conditions.  If the Contract is cancelled or changed, the cancellation provisions and changes are valid for all the Travelers stated in the Contract.

 

3. OBLIGATIONS AND RIGHTS OF THE ORGANIZER: The Organizer is obliged to act as good Organizer both in terms of services he performs alone, as well as in the selection of persons entrusted with the performance of certain services. Also the Organizer is obliged:

– to provide credible information on the services included in the tour package, on the type and category of services, as well as on the type of services that are not included in the package (taxes, optional services, special type of accommodation etc.);

– to sign the contract – travel confirmation with the Traveler;

– to hand written travel program (hereinafter: Program) and General Terms and Conditions of Travel (hereinafter: General Terms) to the Traveler and to inform him about possibility of  providing health travel insurance policy (hereinafter: travel insurance package);

– to issue the travel guarantee confirmation with instructions how to act in case the insured event occurs;

– in accordance with the good business customs, the rights and interests of the Travelers will be taken good care of;

– to pay a proportionate realistic difference between the agreed price and the price of the trip proportionate to the incompletion or semi-completion of the Contract (hereinafter: Price reduction) based on a timely and well-founded written complaint of the Traveler in accordance with the law and these General terms, unless the incompletion of the Contract is due: to the Traveler or some third person that was not the Contracted direct service provider in Program realization; to force majeure or unforeseen circumstances that the Organizer had no power over and the consequences of which were inevitable in spite of appropriate attention or some other events that the Organizer could not foresee and overcome

– before starting the trip, the name, address and phone number of the local representative, local partner agency, or, if not applicable, the name, address and phone number of the Organizer will be given to the Traveler, to use in case of emergency

 

4. OBLIGATIONS AND RIGHTS OF THE TRAVELERS:

– to familiarize himself/herself with the Program, General Terms, the Travel Guarantee and to confirm by signing the Contract that he/she accepts (as well as all the travelers  from the Contract) them fully;

– to familiarize himself/herself on the optional conclusion of an insurance Contract which covers the cost of cancellation by the Traveler or the cost of assistance, including repatriation to their country, in case of accident or illness, and that by signing the Contract (on its own behalf and on behalf of other travelers ) he/she confirms that it’s fully accepted;

– to pay the agreed price under the conditions, deadlines and manner stated by the Contract, General terms and Program;

– to deliver promptly to the Organizer accurate and complete data and documents needed to organize the trip and to guarantee that he/she, his/her documents, luggage etc. fulfill the conditions set by the regulation of our country, the transit and the target country (border, customs, sanitary, monetary and other regulations) ;

– to make up for any damages done to the direct service providers or third persons by breaking legal and other regulations, as well as these General terms;

– to timely allow another person to travel instead of him/her, reimburse the Organizer for real costs created by the change and be jointly responsible for the unpaid part of the agreed price;

– to deliver a justified complaint straight away according to the rules, in written form, to the

Organizer or persons stated in the travel documents;

– to inform himself/herself via the Ministry of Foreign Affairs of Republic of Serbia’s website

(www.msp.gov.rs) and via other ways on countries of so-called high or medium risk;

– to inform himself/herself from authorized representatives of the Organizer, no sooner than 48 hours and no later than 24 hours before the trip, about the exact time of the start of the trip and the return.

 

4.1. Special rights for pupils and students

If the Organizer organizes the stay of the pupil or student away at school, or studying abroad, he is obliged to provide housing and care for the pupil or student in the family or other appropriate accommodations, in cooperation with the pupil or student, his/her parent or guardian in accordance with the relevant standards.

The organizer is required to provide the pupil or the student with the opportunity to attend regular classes or training during the stay abroad. The Organizer is obliged not later than 14 days before commencement of the trip to inform consumers about the name, address and telephone number of the host family and the name, address and telephone number of a responsible person to whom the pupil or the student can turn to for help in staying abroad.

The Organizer is obliged to provide the necessary information about the culture, customs and way of life in the host country for the pupil or student. If the Organizer does not fulfill this obligation, the Traveler has the right to terminate the Contract without charge before starting the travel. The burden of proving proofs of the fulfillment of the obligations is on the Organizer. The Traveler has the right to terminate the Contract at any time prior to departure. If the Traveler terminates the Contract after the commencement of the trip Organizer is obliged to organize the return of pupils and students in the city of departure. If the Traveler terminates the Contract after the commencement of the trip for reasons for which the Organizer is not responsible, the Organizer is entitled to reimbursement of the costs of returning students or a student.

 

 

5. PRICE AND SERVICES: Prices are given in foreign currency, and the payment is done in RSD according to the selling rate of Organizer’s business bank on the day of payment, i.e. the rate stated in the Program, unless agreed differently.  As day of payment will be considered a day when the passenger made payment at the agency, at an authorized intermediary, or the date when funds are received at the Organizer’s bank account. Prices are formed based on the business policy of the Organizer and cannot be subject to complaints on the side of the Traveler. Services done abroad (not agreed on and paid in advance) the Traveler will pay on the spot to the direct provider of the service. The passenger is obliged to pay the price as it was agreed, and any claims and complaints about the quality of the services performed, can not affect the contractual obligation of passengers, especially in the case of payment of the price in installments, and in this case will be applied the provisions of paragraph 13 of these General terms.Price from the Contract includes a beforehand prepared and published combination of at least two or more of the following services of the usual quality for the said destination and facilities: transport, accommodation, food, preparation and organization of the trip, for which a unique price is arranged, paid by the Traveler (hereinafter: Standard services). Price of the arrangement does not include, unless agreed separately, the expenses of: airport and port taxes, tourist animators/entertainer, optional programs, usage of deck-chairs and sunshade, obtaining visas, paying for tickets for places and events, insurance for Travelers and luggage, room service, use of the mini-bar, air condition, recreational, medical, phone and other services, rooms with specific qualities (view, floor, size, balcony, etc.), additional meals and other things (hereinafter: Separate services). Conditions regarding children discount and other privileges given in the Program have been specified by direct service providers and should be interpreted restrictively (e.g. for children up to two years of age, the relevant date for being over two is the date of the trip, not the date of Contract conclusion). All types of services that are not provided in the travel program, must  be arranged between the Traveler and Organizer in writing. The Mediator is not authorized to negotiate, on behalf of the Organizer, about separate services not included in the Program. The Organizer is not responsible for any optional or subsequently provided services for the Traveler, done and charged by the foreign partner, i.e. the direct service provider of the services not included in the Program or the Separate Contract, as well as the participation of the Traveler at sport and similar events.

 

Organizer is only responsible for descriptions of services included in its programs, and is nor responsible  for the description of services in catalogs – publications or web-sites of direct service providers, such as hotels, travel agency-mediator, etc. The Organizer is responsible for services that have been committed by persons acting under his direction, as if those services were performed by himself.

The duration of the arrangement is determined by the number of calendar days from the date of starting travel until the last day of travel, rather than the number of hours between the time of departure and returning. Date of the beginning and end of the journey determined by the Program does not imply an all day stay within the accommodation facilities, i.e. destination. Passenger departure and arrival time or time of entering or exiting the accommodation facilities is conditioned by procedures on border crossings, state of the roads, licenses by authorities, technical and weather conditions or force majeure that affect the time of plane departure, or the departure of some other means of transport that the Organizer can not influence, and in such cases is not responsible for. The first and the last day of the Program are scheduled for the trip (and in some forms of transportation trip can take several days)  and do not imply stay in the hotel or other accommodation – just the calendar day of the start and finish of the trip, so that the Organizer is not responsible for an evening, night or early morning flight, entering the room late in the evening, leaving the hotel early in the morning and the like. For airplane arrangements, the agreed trip start time is the moment of passenger meeting at the airport, which is at least 2 hours prior to the first announced flight time by the airplane company. The Organizer is not accountable for any changes in the departure time, and national and international air traffic regulations shall be applied. As a rule departure – arrival, take- off – landing of the plane with charter flights is either in late evening or early morning hours, and if a “cold” meal is provided for, whether at the place of accommodation or outside of it, the Contract will be considered as carried out in full. For bus arrangements, starting time of travel is meeting passengers at the departure point of buses the first day of travel 30 minutes before the published departure time. Verbal and any other kind of information, which differ from those contained in a written travel program or special written agreement, is not bound for the Organizer and can not be the basis for complaints of passengers.

 

6. CHANGE OF PRICE AND THE CANCELLATION RIGHT OF THE TRAVELER: The price of Program is determined by the price list valid on the day of conclusion of the Contract and binds the contracting parties, except in cases prescribed by law, when the Organizer may require an increase in prices. The Organizer can in any time, depending on market conditions and his own business policy, to reduce the price of the package – which is valid only in the future and have no effect on already concluded contracts, and can not be the basis of any claims against the Organizer for a refund of any difference in price. Travelling at the last moment or “last minute” means that the Organizer can sell the remaining travel arrangements at a lower price, as well as a number or arrangements in advance – “first minute” trip. Organizer may require increase of the agreed price at least 15 days before departure, if after the conclusion of the Contract there were change in the fees for transportation and in cases prescribed by law and in other cases if the price is expressed in dinars. The Traveler can, by written cancellation, to terminate the Contract due to the increase in prices without any liability for damages, but latest within 48 hours from receiving a written notice of the increase in prices, in which case Traveler is entitled to a refund of amount he paid to the Organizer. If within the specified period, the Traveler does not inform in writing Organizer that he is withdrawing from the Contract, it is considered that he is consistent with the new price. Subsequent price reductions of arrangement can not be applied to already concluded contracts and can not be the basis of any complaint to the Organizer.

 

7. CATEGORIZATION AND DESCRIPTION OF SERVICES: Accommodation facilities and units, transport vehicles and other services are described according to the official categorization of the target country at the time of the publishing of the Program; they are different and not comparable among destinations, not even within the same destination. Food, conveniences and service quality depend firstly on the price of the arrangement, destination choice and the categorization based on local-national regulations and they are out of Organizer’s supervision and influence. All services stated in the Program imply standard  services of average quality, usual and specific for certain destinations, places and facilities.

 

8.  ACCOMODATION, FOOD AND TRANSPORT: If something different is not arranged separately Traveler will be accommodated in an officially registered accommodation unit in the accommodation facility described in the Program, regardless of Travelers preferences, location and the position of the facility, number of stories, noise proximity and other characteristics. After the trip has commenced, in case of sudden and justified reasons, the accommodation can be replaced without the Travelers consent, with an accommodation in facilities of the same of higher category at the arranged location of the facility at the expense of the Organizer, and accommodation in the lower category facilities can be done only with the consent of the Traveler and a refund of the difference in price in relation to the lowered category of the accommodation facility. The Traveler is responsible for learning and respecting the rules of conduct in the accommodating facility especially considering deposing and keeping money, valuables, introducing food and drinks into the rooms, respecting the regulations, entering and leaving the room at the defined time, number of persons in the room etc. because the Organizer shall not be held responsible for any damages that occur on the basis of such behavior. The accommodation of Travelers into facilities is at the earliest after 4 PM on the day of the beginning of service, and departure from the facilities is at the latest up to 10AM on the day of service termination. The Traveler is not entitled to a refund in case of leaving the facility early at his/her own will, leaving the facility early or intermittently by his/her own fault, not for the price of hotel services, nor the price of transportation

Accommodation units with three and four beds (rooms, studies, suites, etc.) are in accordance with the categorization and regulations of the host country are by definition on the basis of one standard room with two beds with additional one or two auxiliary beds, that are by definition of wooden or metal construction, foldable and can significantly worsen the quality of accommodation. The operation of air-condition in the accommodating facilities differs depending on the destinations and facilities and does not include nonstop operation for 24 hours.

Except for intent and gross irresponsibility, the Organizer has no responsibility for items that normally should not be carried with oneself. Therefore it is not recommended for Traveler to carry valuable items, otherwise, it is recommended to hand over those items to safekeeping. The Organizer has no responsibility towards the Traveler when it comes to damages that accrue due to Traveler’s disobeying of the law, prescribed regulations and customs defined by the transport company, hotels and other indirect service providers.

The diversity and quality of food and food service mainly depends on the price of the arrangement, the category of the facility, destination and local customs regardless if it involves a buffet or served meals (menu).

ALL INCLUSIVE or ALL INC. LIGHT service or any other implies service in accordance with the internal hotel rules and does not have to be identical within the same category and destination. The Organizer is obliged to hand over to the Traveler specification of ALL INCLUSIVE services in Serbian language if they are not listed in the catalog or the travel program. The Organizer is obliged to inform passengers about the characteristics of the accommodation facility (location, category, content) of the accommodation unit (room, apartment, studio, equipment, comfort levels and other characteristics), the number, distribution, characteristics and mode of serving meals.

Transport and transfer is done by standard tourist busses or other means according to regulations and criteria that apply in the country in which the registered carrier hired by the Organizer is and the regulations principles and rules of the carrier are applied (for example, transport in any vehicle does not include numbered seats, a meal and drinks are not included during the trip, etc.)

Inconsistencies between personal data given to the Organizers and the data in the Traveler’s passport (Traveler’s name and etc.) can have repercussions such as getting a new plane ticket with additional expenses or even getting their ticket declared invalid, the consequences of which are the responsibility of the Traveler.

Transport by air is regulated by international regulations on air traffic, as well as the regulations of airlines that is hired for the tour. Travelling by air on regular lines include transport of passengers in economy class. The movement of the estimated times of arrivals of foreign airlines and aircraft delays in one or more regular or charter flights during the trip is not under Organizer’s influence, and therefore the Organizer has no influence on the eventual consequences of the delay caused by any cause which is beyond the sphere of influence of the Organizers, such as as  security reasons, permits air traffic control, weather conditions, technical defects and the like, but apply the applicable regulations and rules related to air traffic. The Traveler is responsible for his/her ticket from the moment it is given to him/her at the airport or at the agency. There is no possibility of issuing another copy of the plane ticket or the boarding ticket. The passenger fully bears the consequences of ticket loss or disappearance during the trip.

Transportation by bus and bus transfers are carried out by standard tourist buses according to the regulations and criteria that are applied in the country where he is registered bus carrier engaged by the tour operator. The Traveler is under obligation to behave properly in the transport vehicle and to obey the traffic regulations and rules on passenger transport. If this is not the case, the Organizer reserves the right not to let him/her on the transport vehicle or remove him/her from the transport vehicle with the help of police officers, upon which further transport to the destination will not be the Organizer’s responsibility. If the Traveler, due to removal from the transport vehicle, decides to back down from the trip, the cancellations scale from Article 10 of General Terms will be applied. Smoking, consumption of drugs, alcohol is prohibited in the transport vehicle. The Traveler must not disturb with his/her behavior officials in the plane, bus and guides, otherwise he/she will be immediately removed from the  transport vehicle. The route breaks and their length is decided by the Guide-driver. The Guide-driver has the right to, due to unforeseeable, unavoidable, reasons of safety or similar circumstances change the time table, road itinerary or the order of sightseeing. The Traveler is obliged to accept any offered seat in the transportation vehicle. Luggage transportation from the parking spot to the accommodation is the obligation of the Traveler (transportation will be as close to the accommodation as possible). If transport of the luggage from the parking to the hotel is organized by the hotel, the Organizer shall not be liable for loss or damage of baggage. For the forgotten things on the bus, the Organizer is not responsible. It is the duty of the Traveler to clearly mark luggage with personal data and not to leave personal belongings and values on the bus (the Organizer is not responsible for their disappearance). The Organizer is entitled to hire all types of tourist busses that meet the requirements set by regulations as transport (mini bus, bus or double decker), as well as other means of transport if the circumstances allow. During the ride, the toilets in the bus are not usable, except with permission. The Traveler is obliged to reimburse all the damages occurred by his/her own fault on the spot.

The transport of Travelers by air, rail, sea, river or lake transport vehicles is done by and is direct responsibility of the carriers defined in accordance with regulations and customs that regulate the said types of transport and is beyond the influence and the responsibility of the Organizer.

 

9. TRAVEL ID, HEALTH AND LEGAL REGULATIONS: All conditions declared in the Program are applicable exclusively to the citizens of the Republic of Serbia. The Organizer is not responsible to familiarize Travelers from other countries about the conditions (visas, customs, health issues etc.) that apply in the destination or transit country, and it is the obligation of the foreign citizen to get informed at the competent consulate and the Traveler himself/herself needs to fulfill the necessary conditions and provide the necessary identification timely and in order.

Traveler needs to possess a valid travel ID for travelling abroad, with validity of at least 6 months from the travel end date and supply the Organizer, within a deadline, with the correct and complete information and documentation for obtaining a visa, if the same is obtained by the Organizer. An employee of the Organizing agency or a Mediator is not authorized to determine the validity of travel or other IDs and documents. When the Organizer intermediates in the process of the submission of documentation, it does not guarantee the obtaining of the visa, obtaining of the visa within a deadline, and is not responsible for the invalidity of the travel or other document or in case the custom authorities or immigration services do not grant entrance, transit or further stay to the Traveler. If the Traveler loses travel IDs or they get stolen, he is obliged to, at his/her own expense, obtain new ones or bear possibly harmful consequences on that basis.

The Traveler is obliged to arrange Special Services in relation to his/her health, for example special dietary needs, accommodation needs etc., for reasons of chronic disease, allergies, disability etc. If this is not the case, the Organizer shall be under no special obligation, responsibility or damages reimbursement on that basis. For travels to countries with special regulations that include required vaccinations or obtaining certain documents, it is the Traveler’s obligation to get vaccinated and to obtain the necessary confirmation that he/she bears responsibility for any possible consequences and damages.

The Traveler is obliged to strictly obey the customs, monetary and other regulations of the Republic of Serbia, transit and the countries in which he/she is staying, and in case of the inability to proceed with the journey, or stay and everything else, all the expenses and consequences shall be the responsibility of the Traveler alone. If the trip cannot be realized due to Traveler’s oversights in relation to regulations in this point, point 10 of these General Terms shall be applied.

 

10. CHANGE AND CANCELLATION OF THE CONTRACT BY THE ORGANIZER: The Organizer has the right to terminate the contract if: – there is insufficient number of Travelers, if the Traveler has been informed 5 days before the trip at the latest and due to the impossibility to fulfill contractual obligations for which contractual parties are not responsible for, and that would, had they existed when the Program was published, be just cause for the Organizer to not publish it and not conclude the contract, with the obligation to refund the Traveler within 8 days from the cancellation. If the program does not specify it, in order for the trip to be realized, the smallest number of Travelers applied needs to be: for bus trips – 30 Travelers, for trips on regular airlines in Europe – 20 Travelers, for trips on intercontinental airlines – 15 Travelers, for trips on specially chartered airlines, trains, hydrofoils and others – at least 80% of the capacity per transport vehicle.

In case of a complete cancellation of the contract, the Organizer shall endeavor to offer an alternative travel program for the same or another destination, which the passenger accepts or rejects within 48 hours in writing. Acceptance of that offer can be done through payment of newly agreed upon price. If the new offer is accepted, the Traveler has the right to proportional price reduction if the new price is lower than the previous one, or becomes obligated to pay the difference between the new and old price, if the new price is higher than the one previously agreed upon. If the Traveler does not accept any of the alternatives offered by the Organizer, the Traveler has the right to a full refund. In the case the new Contract is accepted, the Traveler waives any claims from the Organizer on the basis of the original Contract.

The Organizer is obliged to compensate the consumer for expenses incurred by terminating the Contract, except in case of termination of the Contract due to insufficient number of registered passengers, if prior to the conclusion of the Contract he informed the consumer that the execution of the tourist trip is conditioned by the number of registered passengers and that the deadline for notifying the consumer of the termination can not be shorter than five days from the date of commencement of the tourist voyage and in case of termination of the Contract due to the impossibility of fulfilling the contractual obligations for which the Contracting Parties are not responsible, with a large number of registered passengers not considered as impossibility of fulfillment. The Organizer reserves the right to do the following (and is obliged to inform the Traveler immediately in the best manner  possible of it): change the date or the hour of the trip, as well as change the travel route and make necessary changes if trip conditions change  (changed flight schedule, forced landing, transport vehicle malfunction, delays on the border crossings or crowded traffic, closing of some location that  was to be a part of the tour, changes to the visa requirements, security situation, natural disasters or  other emergency and objective circumstances or force majeure) and is not obliged to pay damages or other charges to the passenger. In these cases, the Organizer will bear any additional costs of changing the travel program. If the initiated trip for justified reasons is terminated, the Organizer is entitled to compensation for services actually rendered.

The Organizer is released from the fulfillment of the Contract, if the Traveler in the course of a group trip interferes with the implementation of the trip due to gross and misbehavior, regardless of the warning. In this case, the Traveler has an obligation to compensate the Organizer for the damage.

 

11. CANCELLATION OF THE CONTRACT BY THE TRAVELER: The Traveler has the right to  drop out of the trip, and is obliged to inform the Organizer in writing, the same way that the Contract was concluded. Date of written cancellation of the Contract is the basis for the compensation to the Organizer, presented in percentage on the scale of cancellation compared to the total cost of the trip, if the Program does not determine otherwise, which is:

5% if the trip is cancelled up to 45 days before the beginning of the trip (timely back-out),

10% if the trip is cancelled 44 to 30 days before the beginning of the trip,

20% if it is cancelled 29 to 20 days before the beginning of the trip,

40% if it is cancelled 19 to 15 days before the beginning of the trip,

80% if it is cancelled 14 to 10 days before the beginning of the trip,

90% if it is cancelled 9 to 6 days before the beginning of the trip,

100% if it is cancelled 5 days before the beginning of the trip or during the trip.

Except for the foregoing, the following cancellation scale will apply:

-for group trips, recreational breaks for preschool age, classes in nature, student 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 it is canceled from 119 to 90 days before the start of the trip,

5% if it is canceled from 89 to 60 days before the start of the trip,

80% if it is canceled from 59 to 45 days before the start of the trip,

100% if it is canceled from 44 before the start or during the trip.

Changing the Contracted place and date of travel, accommodation, accommodation unit, not getting visa, etc. is considered to be a departure from travel.

The Traveler is obliged to compensate the Organizer only for actual, or incurred expenses  (transportation, accommodation, trip organization and similar), if the cancellation happened due to: sudden illness of the Traveler, spouse, child, parent, brother or sister of the Traveler, adoptee and adopter, death of the Traveler spouse, child, parent, brother or sister of the Traveler, adoptee and adopter – summons for military exercise of the Traveler, or a natural disaster or state of emergency declared by the competent authority of the destination country. In the abovementioned cases, the Traveler is obliged to provide the Organizer with evidence that realizes the rights of health insurance on the basis of temporary inability to work (confirmation of the chosen general practitioner, or release form in patient medical facility that explicitly confirms sudden illness and inability to travel), or death certificate, summons for the military exercise. Following reasons are not considered justified for cancellation or cessation of the trip by the terrorist attack, state of emergency, explosion, contagion, epidemic and other illnesses, natural disasters, climate conditions and similar, for which state of emergency was not declared by the competent government authority of the country of domicile or destination. Organizer, in the case the Traveler provides adequate replacement or the Organizer himself does so, is obliged to refund the Traveler the full amount, deducting only actual and incurred expenses. In case of replacement of passengers from the travel Contract, the travel agreement with the old passenger is canceled, and the new passenger must conclude a new travel Contract.

Sudden illness implies a sudden and unexpected illness or infectious disease or organic disorder discovered by authorized physician, occurring after closing of the Contract and is not related to nor is it a consequence of previous medical condition, and it is of such nature that it requires treatment, hospital stay (hospitalization) and renders the beginning and use of the arranged trip impossible.

In the case that the cancellation of the trip is covered by the insurance policy, the Traveler realizes their right directly from the insurance company. When the Contract is cancelled, the Traveler is not refunded by the Organizer for mediating in acquiring visas or paid legal and other fees.

 

12. LUGGAGE: Transportation of luggage up to a certain weight, determined by the airline, is free. Excess luggage is paid for by the Traveler according to the current prices of the airline. Transport of special luggage from the airport to the hotel and back is solely the responsibility of the Traveler. It is recommended that gold, valuable items, technical instruments and medications be worn exclusively in hand luggage.

In bus transportation, the Traveler can carry two pieces of luggage up to 20 kg weight per person. Any excess weight is charged per kilogram depending on the applicable rules of the carrier. Children of up to two years do not have the right to free luggage. The Traveler is obliged to take care of their property brought into the means of transport, of giving or taking the luggage given to the authorized person of the Carrier, or brought into the accommodation. Travelers realize their abovementioned rights directly from the Carrier, accommodation or insurance providers according to the current international and local regulations.

Transportation of luggage by plane means that the allowed weight of luggage is up to 20 kg per person. Every excess weight is charged per kilogram, depending on the applicable rules of the airline company. The Organizer can’t be held liable for lost, damaged or stolen luggage during the trip, as well as the one who arrived late or after the trip. On the above basis, the passenger realizes all his rights directly from the carrier, the accommodation provider or the insurer, and so on. according to the applicable international and domestic regulations in force in this area and with the current diligence. Special safety rules for hand luggage are applied at all airports, and we recommend that more information be provided to the Traveler at the airport via telephone or website.

Excepting intentional and gross negligence, the Organizer is not responsible for the luggage and items not usually carried on the person, except in the case when aforementioned were explicitly taken for safekeeping. Thus it is not recommended to the Traveler to carry valuable objects on the trip, and to otherwise give them for Safekeeping or carry them on person.

 

13. INSURANCE AND TRIP GUARANTEE:  The Organizer is obliged to inform passengers about the possibility of securing the health insurance policy during their stay abroad, as well as the package of travel insurance (baggage insurance, accident insurance, travel cancellation insurance, etc.) for traveling abroad and in the Republic of Serbia. It is recommended that the passenger provide the policies for the specified travel insurance package. By signing a Contract, the Traveler confirms that he has been offered a travel insurance package. The travel insurance package does not cover compulsory health insurance, which the Traveler pays separately, with the application for issuing the entry visa.

 

According to Law on Tourism the Organizer  has a travel guarantee in case of insolvency and for the purpose of indemnification. The guarantor is Wiener Stadtische osiguranje a.d.o. Beograd, Trešnjinog cveta 1, e-mail: office@wiener.co.rs, phone: 011/2209800, polcy number 30000005030 with a validity  from January 25th 2019 until January 25th 2020. Insured amount is 300,000 euros and represents the maximum obligation of the insurer. Payment will be realized by the average exchange rate NBS.

A travel guarantee in case of insolvency of the tour operator shall secure:

1) costs of necessary accommodation, meals and return of travelers from their trips either in the country or abroad to the place of departure;

2) claims for the refund of money  paid by travelers under the travel tour contract which the tour operator has failed to honor;

3) claims  for the refund of monies  paid by the travelers  in case of cancellation by the travelers, in accordance with the general terms of travel;

4) claims for the refund of the difference between the contracted price of travel and the travel price reduced in proportion to non-execution or incomplete execution of services included in the travel program.

Insolvency of the tour operator is the inability to pay debts as they become due for payment, triggering financial blockade of the tour operator, and the impossibility of the tour operator to fulfill its obligations when its liabilities exceed the assets on its bank accounts.

 

A travel guarantee for the purpose of indemnification shall secure the compensation for damages caused to the traveler due to non-fulfillment, partial fulfillment or undue fulfillment  of the tour operator’s obligations defined by the general terms and program of travel, in particular with respect to claims:

1) for the refund of money paid by travelers under the travel tour contract the tour operator has failed to honor;

2) for the refund of the difference between the contracted price of travel and the travel price reduced in proportion to non-execution or incomplete execution of services included in the travel program.

In case the insured event occurs as a result of the insolvency, the traveler can contact the guarantor at the following phone number +381 11 2209800 or call center 0800200800 or e-mail office@wiener.co.rs.

By signing a travel Contract, the Traveler acknowledges that he has been granted general terms and conditions for the validity of the guarantee, the ways of its activation, and accepts it in its entirety, as well as being familiar with other types of insurance provided by this insurer, by means of travel insurance on a different scale, by securing luggage to a different extent, as well as other forms of insurance.

 

14. COMPLAINTS AND SOLVING LITIGATIONS: The Organizer is obliged to clearly indicate at the point of sale a notice on the manner and place of submission of the complaint, and to ensure the presence of a person authorized to receive complaints during working hours.

The Organizer is obliged to keep a record of the received complaints, and keep it for at least two years from the date of the submission of the traveler’s complaint.

The Travller is under obligation to convey a justified complaint to the local representative of  the Organizer immediately and on the spot. In the case that the representative is unavailable, the complaint is to be conveyed to the indirect service provider (e.g. driver, hotelier, etc.) or, if the said persons are not 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 telephone number +38131861504, fax number +38131861467, from 9h to 16h GMT +1 on work days, and from 9h to 12h GMT +1 on Sutarday or via mail: office@taratours.rs. For emergencies and the like, the Traveler should state the number of the Contract, destination, name of the accommodation facility, names of the travelers, address, phone number or some other way of contact. Traveler is under the obligation to cooperate with good intentions and patiently wait for the reasonable time frame to pass, in order for the justified complaint to be removed on the spot (e.g. fridge malfunction, lack of electricity or water, poorly cleaned suite etc.) and accept the offered solution, corresponding the contracted service. If the cause of complaint is not removed on the spot, the Traveler shall make a written confirmation together with the representative of the Organizer or the  indirect service provider (accommodation, transport and other services from the Program), which both sides shall draw up and sign. The Traveler keeps one copy of the voucher. If the cause of the complaint was removed on the spot, the Traveler is under the obligation to sign a confirmation on that. . If the shortcomings were not removed on the spot, the Traveler is under the obligation to deliver exclusively to the Organizer a well-founded and documented objection, within eight days from the end of the trip, i.e. within thirty days from the day of ascertaining the shortcoming (objection in written form, bills of paid expenses, claims per types of undelivered services, with concrete facts and quantified per every Traveler individually, witnesses and other proof) and demand the return of the price difference between the contracted and undelivered or partially delivered services. Each Traveler who signed the Contract for him/herself and in the name of persons from the Contract or persons with regular representation authorization submits the complaint individually, since the Organizer will not consider group complaints.

The Organizer is under obligation to consider only timely, argument and documented complaints upon receiving the complaints whose cause could not have been removed during the trip, on the spot. The Organizer is under obligation to deliver a written answer to the Traveler within 8 days and to pay the price difference in full within 15 days from the day of receipt of the complaint. If the complaint is not complete and needs to be edited, the Organizer will provide a response for the Traveler to edit it in the given time period or it will not be considered.

The Organizer will, in accordance with good business customs, answer the Traveler in a time period stated by the law and concerning complaints that are late, not well-founded or disorderly.

Price reduction upon complaint of the Traveler can reach the amount of advertised and unrealized part of the service, cannot enclose already used services, nor achieve the amount of the full contractual price. The compensation amount, paid upon well-founded and timely complaint, is proportionate with the degree of unrealized or partially realized service. If the Traveler accepts the payment for the proportionate price reduction, or any other type of compensation, he/she is considered in agreement with the Organizer’s suggestion for a peaceful solution to the litigation, and by that he/she renounces all future claims towards the Organizer regarding the dispute, regardless of the fact whether he/she signed a written confirmation on the refund with a clause on final solution of mutual disputes.

It shall be considered that the refund to the Traveler was done and an agreement with the Traveler in accordance with the Law, these General Terms, when the Organizer offered the Traveler a realistic price difference for the inadequately provided services, in accordance with the price list of the direct service provider on the day of the trip Contract conclusion, and other available evidence, and that the Organizer acted in accordance with legal regulations.

Any demand by the Traveler to initiate legal proceedings with other persons before the period for complaint settling has passed, as well as informing public media, shall be considered premature and a breach of the Contract.

 

15. CUSTOMS AND EXCHANGE REGULATIONS: The Traveler is obliged to strictly observe customs and foreign exchange regulations, both the Republic of Serbia and the regulations and laws of the countries through which he is traveling and where he staying. In the case of the inability to continue travel for violation of these regulations, all consequences and costs shall be borne by the Traveler himself. The Traveler is obliged to provide the appropriate certificate of all the values and valuables he carries with him from the border authorities, and he is obliged to deposit it in the safe or at the reception of the accommodation facility.

 

16. PROGRAM OF THE TRIP ON PASSENGER DEMAND AND INDIVIDUAL SERVICES: Program of the trip on demand is a combination of two or more services, not found in Organizer’s offer, i.e. not made public by the Organizer, but made according to the demands of the Traveler. The provisions of previous items of these General terms are analogously applied to the Trip on demand, unless this item states otherwise. The Traveler has the right to back out of the Contract, of which he/she is under obligation to inform the Organizer in writing. The date of written cancellation of the Contract is the basis for the calculation of the compensation belonging to the Organizer, presented in percentage on the scale of cancellation compared to the total cost of the trip, if the Program does not determine otherwise, which is:

5% if the trip is cancelled up to 45 days before the beginning of the trip (timely back-out),

10% if the trip is cancelled 44 to 30 days before the beginning of the trip,

20% if it is cancelled 29 to 20 days before the beginning of the trip,

40% if it is cancelled 19 to 15 days before the beginning of the trip,

80% if it is cancelled 14 to 10 days before the beginning of the trip,

90% if it is cancelled 9 to 6 days before the beginning of the trip,

100% if it is cancelled 5 days before the beginning of the trip or during the trip.

Except for the foregoing, the following cancellation scale will apply:

-for group trips, recreational breaks for preschool age, classes in nature, student 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 it is canceled from 119 to 90 days before the start of the trip,

50% if it is canceled from 89 to 60 days before the start of the trip,

80% if it is canceled from 59 to 45 days before the start of the trip,

100% if it is canceled from 44 before the start or during the trip.

For individual and “reservation upon inquiry” the Traveler deposits no less than 50 EUR in RSD counter-value in the name of reservation fee, according to the sales rate of the Organizer’s bankon the day of depositing. If the reservation is accepted by the Traveler, the deposit is added to the price of the service. If the reservation is not confirmed in the agreed time period by the Organizer, deposit is fully refunded to the Traveler. If the Traveler does not accept the offered or confirmed reservation, and which is in complete accordance with the Traveler’s demands, deposit is retained in full by the Organizer.

The Organizer, excepting intentional and gross negligence, is not responsible for shortcomings, material damages and bodily injuries regarding individual tourist services demanded by the Traveler, for which the Organizer is only a mediator between the Traveler and the direct service providers (e.g. individual services of accommodation, transport, sport events tickets, excursions, rent-a-car services etc.).

 

17. PROTECTION OF TRAVELER’S PERSONAL INFORMATION: Traveler‘s personal information, given freely by the Traveler, represent a business secret for the Organizer. The Traveler agrees that the Organizer can use his/her personal information for the realization of the agreed program of the trip, and the address, location, time, price of the trip and the name of the Traveler’s companions shall not be mentioned to other persons, except the persons specified by special regulations.

 

18. OBLIGATORY APPLICATION: The Organizer may apply more favorable provisions for Traveler than in these General Terms, and in exceptional cases (in case of sport, congressional and similar international events, as well as special kinds of tourism – student excursions, fishing and hunting, extreme sports, etc.) more unfavorable conditions for Traveler in terms of deadlines and the amount of compensation for the cancelation of travel, amounts and deadlines, and the like.

 

These General Terms of travel are in application since February 13th, 2019.

 

Director

Goran Glisic