“EXPLORE SERBIA” ASSOCIATION TOUR EXECUTION RULES AND GENERAL TERMS OF TRAVEL

In accordance with articles 10, 11 and 12 of the Associations Act (Sluzbeni List RS, 51/9) a Statute of the association Explore Serbia was formed. In accordance to the Article 1 of the Statute and for the completion of its causes, the association Explore Serbia pursues organization and travel execution for association members.

1. 1. TRAVEL APPLICATION

Only the members of the association Explore Serbia can apply for the travels organized by the association. The application can be issued in the head quarters of the association and through the web site (by filling the entrant form and electronic payment to the association account).

The application becomes valid after the travel certificate was issued. During the application, the member is obligated to pay the down payment in the amount of 30% of the full price, and the rest of the contracted price under the terms defined with the travel program itself.

1. 2. OBLIGATIONS AND RIGHTS OF THE EXPLORE SERBIA ASSOCIATION

The obligations of the Association, the organizer of the travel, before the departure are:

-          To issue a travel certificate to the member and to inform him of the plan and program of execution, on general terms of travel

-          To familiarize the members with the offer of travel insurance

-          To take care of rights and interests of the members before and after the travel

Rules and general terms of travel define that the Association – the organizer of the travel, has the right to pay proportionally reasonable difference between the agreed price and the travel price, unless the fault within the execution occurred:

-          upon the charge of the member or it is attributed to the third party that was not a contracted or direct provider of services in the realization of the travel program

-          upon the action of higher force and unforeseen events that the Association cannot influence and whose consequences are inevitable in spite the attention or some other events that could not be expected or overcome by the Association

1. 3. OBLIGATIONS AND RIGHTS OF MEMBERS CONCERING THE TRAVEL

Obligations and duties of the association members before the departure are:

-          To familiarize in detail with the travel program, Rules and general terms of travel, as well as terms of travel insurance

-          To pay the agreed price, in a dead line and in a way that was foreseen by general terms of travel and travel program

-          To present to the organizer in due time accurate data and all documentation necessary for travel organization

-          To pay the damage caused to the organizer or to some third party, by breaking laws or other regulations and these terms,

-          To determine another person, that is the member of the Association to travel instead of him providing that the person fulfills the conditions prescribed for the travel

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1. 4. PRICE, CONTENT AND DURATION OF THE TRAVEL PROGRAM

-          The prices are listed in foreign currency, when it comes to traveling abroad, and the calculation of the payments is performed in dinars according to the sale value of the business bank of the association of the payment date. For all domestic destinations the prices are listed in dinars.

-          The prices are formed exclusively for the members of the association Explore Serbia. The association can determine that the payment for services used abroad be done directly to the international partner

-          The travel price, as a rule, includes: transport services, accommodation, food, transfer and guide etc (specially listed in each travel program) as well as the travel organization expenses

-          The travel content is a union of services, described and offered in the travel program, that the organizer offers during the entire trip, for which he has pronounced a single price. The members of the association join the activities organized during the travel at their own responsibility and bear the consequences that eventually derive from them

-          The  accomplishment of content and development of travel in accordance with the program and general terms of travel – during the trip – is the responsibility of guides, escorts or representatives of the Association whose main duty is informing and assisting travelers on the location – according to the travel program – which is the basis of their service

-          Instructions and guidelines for guides, escorts or representatives (especially connected to the time of departure, legal and other regulations, etc) obligate the traveler: non compliance to these instructions could lead the traveler to undesired situations and trouble whose consequences lie upon him, in full

-          The Association is not accountable for the services given and charged by the direct provider, and that are not included in the travel program

-          For bus (minibus) travels, the agreed time of travel start is the meeting on the departure location of the bus (minibus) on the first day of journey, as a rule, 30 min before the announced departure time. The agreed time of travel finish and the services of the travel organizer is considered the time of bus (minibus) arrival on the last day of travel on the location of departure or some other location scheduled in the travel program

-          The date of start and finish of the arrangement that was determined by the travel program does not include all-day stay of the members in the boarding object, or destination. The time/hour of the departure or arrival or entrance of the travelers in the boarding object is determined through procedures on border crossings, road conditions, licenses from authorities, etc, that cannot be influenced by the organizer, therefore these reasons cannot be used as a basis for membership complaint

-          Verbal and all other information that are different from those included in the travel program, Rules and General terms of travel, as well as other acts of association, do not oblige the association and cannot be used as a basis for complaints of members traveling

1. 5. PRICE CHANGE AND THE MEMBERS RIGHT TO CANCELL

Association – the organizer of the travel can seek the increase of the agreed price before the travel start if, after the conclusion of the travel a change in the currency exchange rate occurred, or the transporter fees, in legally foreseen cases as well as in case of lack of travelers compared to the minimum number of travelers provided in the travel program.

For the increase of prices up to 10% the consent of members is not mandatory.

If the increase of the total agreed price goes over 10% the member can, in a written form, cancel the travel, free of charge, at least 48 hours from the presentation, in writing, of the price increase notification. In this case, he has the right to be fully reimbursed for the payment he performed. If, in a given time, the member does not inform the Association that he cancels the travel, it is considered that he agrees to the new price.

Additionally presented decreases of the travel price do not apply to earlier applications and cannot be the basis of any complaint of the member towards the Association – the organizer of the travel.

1. 6. CATEGORIZATION AND DESCRIPTION OF SERVICES

Boarding objects, transport means and other services are described per official categorization of each individual country in the time of travel program announcement, are different per quality level and cannot be compared between countries, and sometimes not even within one country. The quality of most of the services covered with the program (accommodation, food and local transport) is not according to general standards and depends on, in most part, besides the travel price, from their categorization per regulations of each and every country, to which the Association cannot respond. If the member has not additionally, in written form, agreed to the services of specified, additional characteristics and quality, there is no basis for complaint to the Association – organizer of travel.

1. 7. ACCOMODATION, BOARDING AND TRANSPORT

-          Accommodation type (village household, mountain home, camp, hotel, hostel, motel) will be specified in each travel program

-          The member has the obligation of familiarizing and honoring the rules of conduct in the accommodation object (depositing and keeping money, items of value, prohibition of importing food and beverages in rooms, honoring the house rules, leaving the rooms in certain time…)

-          The Association does not have the responsibility for the loss or theft of money, documents, items of value and other items belonging to traveler, nor the obligation to reimburse the damage per that cause, as well as the damage that occurred due to non compliance to the legal regulation, proposed rules and customs determined by the accommodation service provider

-          Diversity, quality of food and beverages depends on the travel price, object category, regardless whether the service includes buffet or menu.

-          Stated rules and standards for accommodation and boarding of passengers will be applied to the transfer and transport of travelers as well as the regulations, principles and rules set on behalf of the transporter (the transport in any means does not include seats with determined numbers, not food or beverages during the travel, unless if it is stated in the contract)

-          Bus (minibus) transport and bus transfers are performed with standard tourist buses according to rules and criteria valid in the country in which the bus carrier is registered in, that is hired by the travel organizer

-          As a rule, there is no pre-arranged seating schedule of the passengers nor there is a determined method of seat switch per days during the bus travel. The exception can be certain bus travels: in these cases this issue is regulated with a special order within the travel program

-          In case of delay due to weather conditions, extraordinary conditions in traffic, long hold ups at the borders, malfunction and similar, the organizer of the travel does not bear the responsibility for possible consequences of the stated delay

-          Regulations concerning the travel by other means of transport are stated in the travel programs which include the usage of other means of transport.

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1. 8. PASSPORTS, BORDER, CUSTOM AND HEALTH REGULATIONS

General terms of travel and information presented in travel programs concerning the passports refer to citizens of Republic of Serbia, specifically. The Association – organizer of travel does not bear the responsibility and has no obligation to inform the passengers, citizens of other countries with regulation concerning the travel (visa regime, custom, health regulations, etc) that are valid for destination or transit countries.

Foreign citizens interested or registered for travels in the organization of the association Explore Serbia should inform themselves with authorized diplomatic missions and provide themselves necessary visas and documents.

Passport

For travelling abroad the member should own a valid passport with the duration of at least 6 months from the ending date of the travel. The member is personally responsible for the validity of the passport. The representatives of the Association – organizer are neither authorized nor obligated to determine the validity of the passport and other travel documents. All consequences of the loss or theft of the passport during the travel as well as the expenses of issuance of new passport fall upon the traveler.

-          The member is obligated to honor all custom, currency and other regulations of Republic of Serbia, transit countries and those in which he stays (specific food or special accommodation): the organizer of the travel bears no responsibility for consequences that derive from this if his additional obligations concerning the health of the passengers are not stated in the special terms in the travel program

-          If the travel cannot be executed due to the fault of the member concerning the passport, border, custom or health regulations, article 9 of these Rules and general terms of travel shall apply

-          The member is obligated to refund the damage made to the Association or to third party by breaking the legal and other regulations as well as general terms of travel

-          Personal data that the member gave to the travel organizer concerning the execution of the travel are official concealment. Travelers addresses, location, time and price of the travel as well as names cannot be presented to other persons, except to the persons designated by special regulations

1. 9. TRAVEL CANCELATION AND TRAVEL PROGRAM CHANGE ON BEHALF OF THE TRAVEL ORGANIZER

Association – travel organizer can cancel the travel completely or partially in case of:

• Occurrence of out of the ordinary circumstances that would, had they existed in the time of program pronunciation, be a legitimate reason for the organizer not to pronounce the program and not to conclude the contract
• In case of non sufficient number of applied members and other objective circumstances, of which it is obligated to inform all the members at least five days before the scheduled beginning of the trip, with the obligation to refund the travelers in full, at least eight days from the reception of the written request from the member (with account number data)
• The association – organizer before the beginning of the travel and during the travel, keeps the right to change date and the hour of travel, and is obligated to inform the members without further delay
• The association has the right to change the course of the journey, if the conditions change (security situation, natural disasters or some other out of the ordinary or objective circumstances) without the obligation of refund of the damages or any kind of refund to the member. These cases include additional expenses to be handled by the organizer. If the started journey is interrupted from objective reasons, the Association has the right to charge for the services provided.

10.TRAVEL CANCELATION ON BEHALF OF THE MEMBER

The member has the right to cancel the travel, on which he is obligated to inform the Association in written form. The date the Association received the written decision on cancellation on behalf of the member is the basis for the fee calculation that belongs to the organizer, shown in percentage compared to the total travel price:

• 10% if the travel is cancelled 30 days before the announced start
• 20% if the cancellation is from 29 to 15 days
• 40% if the cancellation is from 19 to 15 days
• 80% if the cancellation is from 14 to 10 days
• 90% if the cancellation is from 9 to 6 days
• 100% if the cancellation is 5 to 0 days before the announced departure or during the travel itself

The change of the agreed location and date of travel, accommodation, accommodation unit is considered the cancellation of the travel.

The member is obligated to refund the organizer just the delivered expenses, if the cancellation occurred due to:

• Members illness
• Death of a spouse, next of kin, brother or sister
• Army obligations
• Natural disaster (officially pronounced)
• For the given cases the member is obligated to present a proof to the Association that enables the rights from the health insurance based on the temporary inability for work (doctor’s confirmation, death certificate or invitation to an army drill). Justifiable causes for the cancellation or interruption of the trip cannot be cases of local terrorist attacks, explosions, contagions, epidemics and other illnesses, natural disasters, climate changes and similar, for which the state or government officials have not issued a martial law
• The association – organizer of the travel, in case a member that has canceled secures a replacement or the replacement is done by the organizer, is obligated to refund the member in total, excluding the administration expenses (in the amount of 12 euro), real and delivered expenses. Sudden illness includes determination of sudden and unexpected illness from the authorized doctors, that is, infectious disease or organic disorder that occurs after the travel certificate and is not connected nor it is a consequence of some earlier medical condition, and is of such nature that is requires treatment and hospital overstay and disables the departure to the travel
• In the case of cancellation due to illness, death or other reasons covered by the travel insurance, the money is refunded to the member by the company that is providing the insurance.
• The money can be returned exclusively to the member in person or to the person that made the payment in the name of the member
• The member is, in cases foreseen by these Rules and general terms of travel, being refunded  in a payment method he used himself (cash or bank transfer)
• With the travel cancellation, the member has the right to determine some other person that will travel instead of him (if that person meets the requirements designated for the travel): in this case the member is obligated to refund the Association for the real expenses caused by the passenger switch

11.LUGGAGE

• With bus travel the member has the right to transport one suitcase or travel bag in the luggage box, and, as a rule, one hand luggage. Additional equipment for activities on the trip does not count (skiing, rafting, cave exploration, canyons)
• With minibus travel the luggage conditions will be defined in the travel program
• The member is obligated to take care of delivery and takeover of the luggage during the entry or exiting from the transport means as well as his hand luggage on the bus (minibus)
• Likewise, the member should have his luggage under permanent control, from the entry to the departure from the accommodation object, especially in halls and mutual rooms
• The association – organizer of the travel does not hold the responsibility for lost, damaged or stolen luggage during the travel, nor for the luggage that has been delayed during or after the travel
• All the rights concerning the luggage that was lost, damaged or delayed, the member accomplishes directly with the carrier or accommodation provider, according to international and domestic regulations

12.INSURANCE

The Association – organizer of the travel is obligated to notify the member on securing the health insurance during the stay abroad, as well as luggage insurance, mishap insurance and travel cancellation insurance. With travel certificate the member confirms that the package of travel insurance was offered to him.

13.OBJECTIONS AND COMPLAINTS FROM MEMBERS

Methods and terms of member’s objections and complaints resolution:

• The member is obligated to, without delay and on the location, notify the association representative of the complaint, and if he is not available, directly to the service provider (carrier or hotelier)
• The member should cooperate in good faith to eliminate the reasons for complaint on the spot and to accept the given solution that responds to the agreed service
• If the reason for the complaint is not regulated on the spot, the member presents the representative of the Association or the provider of services with the written complaint in two copies signed by both parties. The member keeps one copy.
• If the reason of the complaint is eliminated on the spot (on the same day or during the trip) the member is obligated to state it on the copy presented to the representative of the Association
• If the faults are not eliminated on the spot the member is obligated to, within 8 days from the scheduled date of the travel ending, exclusively to the Association – organizer, send a justifiable and documented written complaint (with the certificate of the complaint on the spot, bills of expenses that were paid in conjunction with services not delivered and other proof) through which he could ask for the refund for the price difference
• The Association will not consider group complaints. Each member, participant in the travel, in his own name (or in the name of someone, with the power of representation) files a single complaint
• The Association is obligated to consider only the complaints filed in due time, justified and documented, whose cause could not have been eliminated on the spot, during the travel

Objections and complaints

• The Association is obligated to send an answer to the member in written form within 15 days, that is to refund the difference in the price, counting from the day of the complaint reception
• The difference in price based on the complaint of the member can reach only the amount of the advertised and not delivered part of the service and cannot include already used services, or the entire price of the travel. The amount of the refund, that is paid upon justified and timely objection, it equivalent to the degree of not delivered, or partially delivered service
• If the member accepts the refund in the amount of reciprocal lowering of the price or some other form of compensation, it is considered that he agrees with the suggestion of the Association – organizer for the dispute resolution, so in this manner he waves all further requests towards the organizer in connection to the disputed relation
• It will be considered that, by the refund of the price difference, an agreement has been reached in accordance with legal regulations and these Rules and general terms of travel
• In the case the dispute cannot be agreed upon, the member and the Association, the jurisdiction of the court is accepted. In the case of court attendance, the court in Belgrade in accordance to the headquarters of the Association is relevant.
• Each request of the member for starting the court proceedings before the deadline for the complaint resolution, will be considered too hasty
• Likewise, the notification to the public of the dispute before the deadline for the complaint resolution will be considered ill faith and the breach of agreement and agreed travel

14.MEMBERS PERSONAL DATA PROTECTION

Member’s personal data, given in own free will; represent a business secret of the Association. The member agrees that these data can be used in the execution of the agreed travel program, where address, location, time and price cannot be given to other persons, other than persons specifically designated.

15.GENERAL REMARKS

Members are asked to carefully read the Rules and general terms of travel.

Its orders are a part of agreed and confirmed travel between the Association and the member. Basic rules and obligations from both sides are set with them. For some special travels, the Association Explore Serbia can set and pronounce “Special terms of travel” which become part of the travel program in this instance.

Explore Serbia Managing Board President

Tatjana Anic