On the basis of Article 68, paragraph 1, item 2, and in accordance with Articles 70 and 71 of the Law on Tourism ("Official Gazette of RS" No. 17/2019), the director of Explore Balkans doo Tour Operator Belgrade-Zemun, Dr Nedeljka Ercegovca 54/5, tax number: 111918615, Registration no. 21569992, on 18.07.2023. determines the following:
GENERAL TRAVEL CONDITIONS
- PRE-CONTRACTUAL NOTICE:
By signing a standard contract-travel certificate (further: Contract) with his signature on behalf of all passengers from the Agreement (further: Traveler) confirms that he has been served with these General Conditions of Travel (further: General conditions), confirmation of the Travel Guarantee and a pre-prepared and published travel program (further: Itinerary), that he, like all passengers from the contract, is familiar with them and that he fully accepts them, as well as that he is familiar with the optional travel and health insurance options.
The provisions of these General Terms and Conditions form an integral part of the Contract between the Traveler and Explore Balkans doo Tour Operator as the tour operator (further: the Organizer) and are binding for both contractual parties, except for the provisions defined in a separate written contract or Itinerary.
Before concluding the Contract, the Organizer may at any time change the description of its services in the Program and inform the Traveler about this within a reasonable period of time, without delay in writing, on paper or another permanent record carrier, which the Traveler and the Organizer agree that before concluding the Contract, the Traveler has of all possible changes to the data from the Program, informed within a reasonable period of time, before the conclusion of the Contract.
In the case of a difference between the Traveler's application and the Organizer's amended proposal, 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 Itinerary - offer, the Contract is considered terminated by agreement. Before signing the contract, the travel organizer informed the traveler of his rights, based on the travel guarantee in case of insolvency and compensation for damages.
- APPLICATIONS, PAYMENTS AND CONTRACT: The Passenger submits the application in writing or on a permanent record carrier or by e-mail. The traveler can register for the trip at the headquarters, branches, or separate special areas of the Organizer, as well as at travel agencies that have a contract with the Organizer on the indirect sale of travel (further: Intermediary). An intermediary who offers for sale and sells a tourist trip is obliged to indicate the capacity in which he acts in the Travel Program and Travel Confirmation. The Passenger's application becomes valid when it is confirmed by the conclusion of the Contract, in the manner in which the Application was made, and by the payment of advance payment in the amount of 50% 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 Traveler does not make the payment in full within the deadline, he is considered to have canceled the trip in accordance with point 12 of the General Terms and Conditions. Each advance payment is treated as a payment for all passengers, not just for one specific passenger from the Contract. Upon conclusion of the Contract, the Itenerery becomes an integral part of it and cannot be changed, unless the contracting parties expressly agree otherwise, or if changes occur due to force majeure. If the Contract, is canceled or amended, the cancellation provisions and amendments apply to all passengers listed in the Contract. For the timeliness of the payment, the relevant date is the payment to the account of the Organizer or the Intermediary. In case of untimely payment in full, advance payment, or payment of the remaining part of the payment of the arrangement, the Travel Organizer may withdraw from the Contract and request compensation in accordance with point 12 of these General Terms and Conditions.
- ORGANIZER'S OBLIGATIONS AND RIGHTS:
- In the Contract, in addition to the services from the Program, the special requests of the passengers are entered, with which only the Organizer has agreed,
Pay the proportionate real difference between the contracted price and the price of the trip, reduced in proportion to non-performance or incomplete performance of the Contract (further: Price reduction), on the occasion of a timely and well-founded written complaint - complaint by the Traveler, in accordance with the law and these General Terms and Conditions, unless the failures in the execution of the Contract were caused by: the fault of the Traveler, or are attributed to a third party who was not the contracted direct service provider in the implementation of the Itinerary, by acting force majeure or unforeseen events over which the Organizer has no influence and whose consequences are unavoidable despite the application, due care or some other events that the Organizer could not foresee and overcome,
- Before departure, submit the name, address, and telephone number of the local representative, i.e. the partner's local agency, and exceptionally and if necessary, the address and telephone number of the Organizer for emergency assistance to the Traveler,
- It is not responsible for services provided to the Traveler by other persons outside the Itinerary,
- All verbal and any other type of information, which differs from those contained in the Itinerary, Contract, or Special Agreement and these General Terms and Conditions, do not bind the Organizer and cannot be the basis for raising objections or complaints from passengers.
- OBLIGATIONS AND RIGHTS OF PASSENGERS:
- To become familiar with the Itinerary, General Conditions, and Travel Guarantee in detail, like all persons from the Contract, to highlight special requirements that are not included in the published Itinerary,
- To provide optional travel insurance policies, because the Organizer does not provide them and is not responsible for them,
- To pay the agreed price under the conditions, deadlines and in the manner provided by the Contract,
- To provide the Organizer in a timely manner with accurate and complete data and documents necessary for organizing the trip and guarantee that he, his documents, luggage, etc., meet the conditions specified by the regulations of our, transit and destination countries (border, customs, sanitary, monetary and other regulations),
- To compensate for damage caused to direct service providers or third parties by violating legal and other regulations and these General Terms and Conditions,
- To appoint another person to travel instead of him in a timely manner, to compensate the Organizer for the actual costs caused by the replacement and to be jointly and severally liable for the unpaid part of the contracted price,
- To communicate a justified complaint on the spot without delay, as a rule in writing, to the Organizer or to the persons listed in the travel documentation,
- Before concluding the Contract, to be informed through the website of the Ministry of Foreign Affairs of the Republic of Serbia (www.msp.gov.rs ) and in other ways, about the so-called countries. high or moderate risk,
- To inform 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.
- Da lično snosi troškove svog povratka ili nastavka svog putovanja ukoliko nije u mogucnosti da nastavi putovanje sa grupom ili je sprečen te grupa nije u mogućnosti da dalje čeka putnika zbog remećenja satnice vožnje ili ispunjenja programa putovanja (kašnjenje na polazak, sprečenost zbog zdravstvenih problema i slično).
- PRICES AND CONTENT OF SERVICES: The organizer sells a tourist trip at a sales price that is expressed in a single amount. The sales price can be expressed in dinars and in foreign currency. When the prices are expressed in foreign currency, and the calculation of payments is made in dinars, the official middle exchange rate of dinars on the day of payment is applied. The prices are based on the Organizer's business policy and cannot be objected to by the Passenger.
Services performed abroad (which are not pre-contracted and paid for) The passenger pays on the spot to the immediate provider of the service.
The sales price from the Contract includes all those costs that form an inseparable part necessary for the realization of a tourist trip and includes a pre-prepared and published combination of at least two or more services of average quality, usual for a given destination and facilities, namely: accommodation, meals, transportation, transfers, regular services of the representative at the destination, preparation, and organization of the trip, and which is expressed in the single amount paid by the Traveler (further: Standard services).
The price of the arrangement does not include, unless something else is specifically agreed upon (further: Special contract), costs of a local tourist guide, special services of the organizer's representative, tourist animator, optional programs, use of sunbeds and umbrellas, obtaining visas, entrance tickets to facilities and events, passenger and luggage insurance, room service, use of an in-room bar, air conditioning, recreational, medical, telephone, etc. service, reservation of a special seat in the vehicle, accommodation costs in a single room, rooms with special characteristics (view, floor, size, balcony, etc.), additional meals, etc. (further: Special services).
The mediator is not authorized to contract special services on behalf of the Organizer that are not provided for in the Itinerary.
The conditions related to obtaining discounts for children as well as other benefits that are specifically provided in the Itinerary are determined by the direct service providers and should be interpreted restrictively (e.g. 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 start of the trip, not the date of conclusion of the contract). In case of the wrongly stated age of the Passenger, the Organizer has the right to charge the difference up to the full price of the trip.
They are not included in the price and the Organizer cannot be responsible to the Traveler for optional and subsequently performed services, performed and charged for by a foreign partner, i.e., a direct service provider, which were not provided for in the Itinerary or Special Agreement, as well as for the Passenger's participation in sports and other free activities.
If, within the specified period, the Traveler does not notify the Organizer in writing that he is withdrawing from the Contract, he is considered to have agreed to the new price, which can also be through the payment made.
- PRICE CHANGE AND PASSENGER'S RIGHT TO CANCELLATION:
The organizer can increase the agreed price from the travel arrangement contract if this right has been agreed and if it has been agreed that the traveler has the right to reduce the price. The organizer can increase the price, that is, the passenger can decrease the price, in the event of a change: 1) in the price of passenger transportation that occurred due to a change in the price of fuel or other energy sources; 2) existing taxes or the introduction of new taxes, including residence taxes, airline taxes or taxes for embarkation or disembarkation in ports and airports; 3) exchange rate related to the tourist trip.
If the price increase is greater than 8% of the total price of the tourist trip, the organizer cannot unilaterally change the price. Regardless of the extent of the price increase, such an increase will be possible only if the organizer informs the passenger about the increase in an understandable and non-deceptive way and provides a documented explanation for such an increase and calculation, which notification is delivered to the passenger on paper, on another permanent record carrier or electronically, with confirmation of receipt, at least 20 days before the start of the tourist trip. If the contract on a tourist trip foresees the possibility of a price increase, the organizer will provide the traveler with the right to reduce the price in proportion to the cost reduction that occurs after the conclusion of the contract, and before the start of the trip. In the case of a price reduction, the organizer has the right to deduct the costs from the compensation owed to the passenger, with the submission of proof of these costs, if the passenger requests it. If within a reasonable period of time, no longer than 48 hours, the Traveler does not notify the organizer in writing that he accepts the change in the agreed price, he is considered to have terminated the Agreement. Subsequent price reductions of the Program outside of the stated reasons cannot apply to already concluded Contracts and cannot be the basis of any complaint by the Traveler towards the Organizer.
- CATEGORIZATION AND DESCRIPTION OF SERVICES:
All services listed in the Program include standard services of average quality, common, and specific to certain destinations, places, and facilities. In case the traveler wants some services outside the Program, he must conclude a Special Contract
The Organizer is not responsible for descriptions of services in catalogs - publications or on the websites of Intermediaries and direct service providers (e.g. hotels, carriers, etc.) unless the Traveler has been expressly referred to them. The Organizer is only responsible for the descriptions of the services contained in its Programs, that is, on its website. 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, even within the same destination. Nutrition, comfort, and quality of service depend primarily on the price of the arrangement, chosen destination, and categorization, determined by local-national regulations and beyond the control and influence of the Organizer.
The start and end date of the trip determined by the Itinerary does not imply a full-day stay of the traveler in the accommodation facility, i.e. the destination. The time of departure or arrival of passengers and the entry or exit of passengers from the accommodation facility is determined by procedures at border crossings, road conditions, permits from competent authorities, technical and weather conditions, or force majeure, which may affect the departure time of airplanes and other means of transport. which the Organizer cannot influence, and therefore the Organizer is not responsible for such cases. The first and last days of the Program are intended for travel and do not include a stay in a hotel or destination - they only indicate the calendar day of the start and end of the trip, so the Organizer is not responsible for evening, night or early morning flights, entering the room at late hours in the evening hours, leaving the hotel in the early hours of the morning and the like.
For air travel arrangements, the agreed travel start time is the passenger's meeting at the airport, which is at least 2 hours earlier than the first published departure time, by the airline. In the event of a postponement of the specified departure time, the Organizer bears no responsibility, but national and international regulations in the field of air traffic are applied. As a rule, the departure - arrival, take-off - landing of the plane, for charter flights, is in the late evening or early morning hours, and if, for example, provided the agreed initial or final meal in the form of so-called a "cold meal" in the accommodation facility, it is considered that the Contract has been fully executed.
The services of a tourist guide, companion, local guide, animator, or local representative do not imply their all-day and continuous presence, but only contact and necessary-necessary assistance to the Traveler, according to pre-determined terms of periodic duty, published on the notice board or in another suitable way. The 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 the mentioned instructions constitutes a breach of the Agreement, and all possible consequences and damages in such a case are borne by the Traveler in full.
Changes or deviations of individual services, which are not caused by the will of the Organizer, are allowed, as long as they do not reflect negatively on the overall concept of the contracted trip. If, for the aforementioned reasons, the flight or transportation needs to be moved to another airport or place, the Organizer is obliged to offer the Traveler another suitable transportation, until the end of the tourist trip, without additional costs for the Traveler, as well as to pay any difference in price between the contracted and of services provided /Article 103. ZOZP/. The organizer bears all costs of alternative transportation at least equal to the price of the 2nd class transportation ticket.
When a third party takes the place of a person who reserved a certain tourist service, the Organizer has the right to compensation for the incurred 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 if it is not in accordance with the law or other legal regulations.
- ACCOMMODATION, FOOD AND TRANSPORTATION:
8.1. Accommodation: must be specified in the Travel Itinerary, with a note that:
- The Passenger will be accommodated in any officially registered accommodation unit in the accommodation facility described in the Itinerary, regardless of the Passenger's characteristics, location and position of the facility, number of floors, proximity to noise, parking, etc. characteristics,
- Accommodation of the Passenger in the facility is after 4:00 p.m. on the day the service starts, and leaving the facility no later than 9:00 a.m. on the day the service ends. The traveler has no right to a refund due to arbitrary, i.e., occasional or premature leaving of the accommodation facility caused by his own fault, neither for the price of hotel services, nor for the price of transportation,
- Three-bed and four-bed accommodation units (rooms, studios, apartments, etc.) are determined in accordance with the categorization and regulations of the domicile country, as a rule, they are based on a standard double room with one or two extra beds, which are usually wooden or folding metal constructions, even in new 4- and 5-star category hotels, are insufficiently spacious and generally do not meet travelers' expectations. At the passenger's request and request, the Organizer can provide accommodation in triple or quadruple rooms (if the hotel has them available), but cannot accept any complaints regarding the comfort of these rooms.
- Apartments and hotels of lower categories use a system of solar water heaters for heating water, which implies a slightly lower temperature of hot water, compared to the usual one, as well as a lower pressure of hot water in certain periods of the day or the application of hot water only in certain parts of the day (usually 5-9 p.m. ).
- As apartments and hotels are objects that are rented, you should not expect new equipment (mattresses, bed linen, refrigerators, stoves, plates, dishes, etc.) but equipment that someone has already used before you in previous years, which can be reflected in its condition. due to wear and tear. The organizer will make every effort to ensure that the studio and apartments have the correct kitchen stocking with the necessary service (pots, plates, cutlery..), but notes that the equipment differs from studio to studio.
- WIFI wireless internet service does not necessarily imply a good signal in the rooms and all parts of the hotel. It is possible that the signal is only suitable in certain areas of the hotel, usually around the reception or bar. Also, the flow rate can be faster or slower depending on the technical equipment. The label WiFi does not mean FREE INTERNET, but the way to use the Internet wirelessly. The operation of air conditioners in accommodation facilities is different by destination and facilities and does not mean the continuous operation of the same 24 hours a day.
- Accommodation in a single room is on request and is always subject to an additional charge.
- The Organizer is not liable to the Passenger for damage caused by his non-compliance with legal regulations, prescribed rules, and customs established by carriers, hoteliers, and other direct service providers,
- The traveler assumes the obligation to learn about and respect the rules of behavior in the accommodation facility, especially regarding: depositing and keeping money, valuables, and valuables, bringing food and drinks into the rooms, respecting the order, staying in and leaving the room at a certain time, the number of people in the room, etc. because the Organizer is not responsible for damages caused on that basis.
- The hotel or room whose pictures the traveler saw in the catalog or on the website may differ from the real situation due to the hotel renovation, the age of the photo, the angle of the shot, and the redecoration of the hotel. The organizer is not bound by verbal information at sales points that are not in accordance with the written travel program or deviate from the written travel program. For the same reason, the Organizer does not accept the passenger's complaint that the Agency promised him something, but only what is written in the program or the Contract, and will try to ensure that the same is fulfilled.
- After the start of the tourist trip, due to sudden and justified reasons, the contracted accommodation can be replaced without the consent of the Traveler by accommodation in an object of the same or higher category in the contracted place of accommodation at the expense of the Organizer, and the accommodation in objects of a lower category can be carried out with the consent of the Traveler and refund of the difference in the price proportionally reduced category of the accommodation facility.
8.2. Food: must be specified in the Travel Itinerary, with a note that:
- Variety, quality of food and food service, depends mainly on the price of the arrangement, category of facility, destination and local customs, regardless of whether the service is self-service or serving (menu),
- All-inclusive service and any other implies services according to internal hotel rules and does not have to be identical even within the same category at the same destination. The organizer informed the Traveler about the content of the All-inclusive service in written form,
- Breakfast, unless otherwise indicated in the Itinerary, includes a continental breakfast,
- If the capacity occupancy in the hotels is below 30%, it is possible that instead of the self-service service, the food service is served, if it is provided for in the Travel Itinerary.
Food conditions are identical in the accommodation facility, regardless of whether children, elderly persons, or persons with special needs are traveling under the Agreement. In case, on the spot, the Traveler reaches a different agreement with the immediate food provider, the Organizer bears no responsibility for the food service provided in accordance with that agreement.
8.3. Transportation: Unless otherwise specifically agreed:
- Transportation and transfers are carried out by standard tourist buses or other means, according to the regulations and criteria valid in the country where the carrier employed by the Organizer is registered, and the regulations, principles, and rules determined by the carrier are applied (e.g. transportation in any means of transport does not include numbered seats, nor included meals and drinks during the trip, etc.). The passenger has the obligation to accept each offered seat in the means of transport,
- The organizer has the right to hire all types of tourist buses that meet the conditions stipulated by the regulations (bus or double decker), as well as other means of transport, if the circumstances require it. If a mini-bus is hired, the number of seats must be defined.
- Toilets are not used in buses while driving, unless it is approved. The traveller is obliged to compensate all the damage caused by his negligence in the means of transport on the spot. The traveller is obliged to check and harmonize his personal and travel documents and luggage before the trip, and in case of observed irregularities to inform the guide / travel companion,
- The passenger has the obligation to behave appropriately in the means of transport and respect the traffic regulations and rules on the transport of passengers, otherwise the Organizer has the right not to accept him on the 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 responsibility of the Organiser. If the Passenger cancels the trip due to being removed from the vehicle, the cancellation scale from point 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 / the coordinator has the right, due to unpredictable, unavoidable or safety and similar circumstances, to change the timetable, itinerary of the route, or the order of sightseeing. - The traveller is obliged to follow the instructions of the driver or guide / tour coordinator (length of the break, etc.),
- Inconsistency of the personal data given to the Organizer with the data in the Passenger's passport (passenger's name, etc.) may result in the issuing of 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 handed to him at the airport or agency. It is not possible to issue a duplicate plane ticket or boarding pass. The passenger fully bears the consequences of their loss or disappearance during the trip,
- Airline or special transportation 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 is the direct responsibility of these carriers, determined in accordance with the regulations and customs, which regulate the mentioned types of transportation, and is beyond the influence and responsibility of the Organizer.
- For all flights on regular lines, the transport of passengers in economy class is understood,
- In the event of a postponement of the scheduled departure time by the airline, as well as a delay of the plane (on one or more regular or charter flights during the trip), the travel organizer is not responsible for any consequences caused by the delay, but the applicable regulations and regulations in the field are applied air traffic.
- TRAVEL DOCUMENTS, HEALTH AND LEGAL REGULATIONS:
A traveler traveling abroad must have a valid travel document, valid for at least another 6 months from the date of the end of the trip, and must provide the Organizer with the correct and complete necessary data and documents for obtaining a visa if the Organizer obtains one. The official of the Organizer's agency, nor of the Intermediary, is not authorized to determine the validity of the travel and other documents. When the Organizer intervenes in the documentation submission process, the Organizer does not guarantee to obtain a visa, nor does it bear any responsibility for incorrect travel and other documents, or if the border authorities or immigration services do not approve the entry, transit, or further stay of the Traveler. If the Traveler loses his travel documents or they are stolen during the trip, he is obliged to provide new ones in a timely manner at his own expense and bear all possible adverse 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, allergy, disability, etc., because otherwise, the Organizer does not assume any special obligation, responsibility, or damage on this basis. For trips to countries where special rules apply, which include mandatory vaccinations or the acquisition of certain documents, it is the Traveler's responsibility to take the necessary vaccinations and provide appropriate certificates, and in case of any consequences, he is responsible for the damage.
The traveller 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, i.e. stay and everything else, all consequences and costs are borne by the Traveller himself.
If the trip cannot be carried out due to the Traveler's negligence, related to the provisions of this point, the provisions of point 12 of the General Terms and Conditions shall apply. The foreign currency or dinar amount of funds that a traveler can take out of Serbia is prescribed by the Decision of the National Bank of Serbia on the conditions for personal and physical transfers of means of payment to and from abroad. For minors traveling accompanied by relatives, friends, or third parties, a statement of parental consent certified by the competent authority is required.
The Passenger is specially warned that: Baggage transportation up to a certain weight, determined by the airline, is free of charge. Excess luggage is paid by the Passenger according to the carrier's valid prices indicated in the Travel Program. Transportation of special luggage from the airport to the hotel and back is the sole responsibility of the Passenger. At all airports, special safety rules regarding hand luggage are applied, so we recommend that for more information, the Passenger should contact the Nikola Tesla Airport in Belgrade by phone at 011/ 209-4444 or at the website: www.beg.aero. Damage and loss of baggage on flights, the Passenger is obliged to report without delay on the spot, to the competent airport service for lost baggage, because airlines usually refuse compensation if the damage report form is not filled out and submitted. The passenger has the obligation to report the loss, damage or disappearance of luggage, during the trip, to the representative of the Organizer.
When traveling by bus, the Passenger can take 2 pieces of luggage per seat user, and hand them over to an 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), to give or take over the luggage handed over to the authorized person of the carrier, or brought into the accommodation facility. The Traveler exercises all his rights according to the above with, that is, through the Travel Organizer, or directly from the carrier, accommodation or insurance service provider, and according to valid international and domestic regulations. The transfer of luggage from the parking place to the accommodation unit is the responsibility of the Traveler (transportation will be as close as possible to the accommodation facility). The Organizer is not responsible for things left in the vehicle.
Except in the case of intent and gross negligence, the Organizer has no responsibility for expensive items, which are usually not taken with them, except when they have expressly taken the items for safekeeping. That is why it is not recommended for the Traveler to take valuable items on the trip, and otherwise to hand them over properly for safekeeping or to take them with them.
It is the Passenger's duty to visibly mark his luggage with personal information, and not to leave personal documents, belongings and valuables in the parked vehicle, as the Organizer is not responsible for their disappearance. It is recommended that documents, gold, valuables, technical instruments and medicines are carried exclusively in hand luggage, and during the stay they are deposited in the safe, if possible.
The passenger has the obligation to report the loss, damage or disappearance of luggage during the journey to the representative of the Organizer or the immediate service provider.
- CHANGE AND CANCELLATION OF THE CONTRACT BY THE ORGANIZER:
11.1. Before starting the trip: The organizer can unilaterally change the contract on organizing the trip if: 1) the right of the organizer to unilaterally change the contract is stipulated in the contract; 2) if the change is negligible. If, before the agreed travel start date, the organizer determines that it is forced to change certain essential elements of the travel arrangement contract, such as price, destination, means of transport, characteristics or category of transport, date, type, location, category or level of comfort of accommodation, or if the organizer cannot fulfill the special requests of the passenger with which he agreed, the organizer, i.e. the intermediary, is obliged to inform the passenger without delay. The notice of changes to the terms of the contract contains a reasonable deadline by which the traveler is obliged to inform the organizer, i.e. the intermediary, whether he accepts the proposed changes or terminates the contract without paying the termination fee, as well as information on the consequences of missing the deadline and, if necessary, information on the offered replacement trip, equal or higher quality and its price. In case the traveler accepts the proposed changes to the contract or accepts a replacement trip, the organizer is obliged to conclude a new contract on organizing the trip and provide a new travel guarantee. If the change of the contract or the replacement trip leads to a lower quality or causes additional costs for the passenger, the organizer is obliged to provide the passenger with a corresponding price reduction. In case of termination of the contract, the organizer will refund all payments received from the passenger immediately, and no later than within 14 days from the date of termination of the contract. The organizer can terminate the contract on organizing the trip and pay the traveler the total amount paid for the tourist trip before the start of the trip when:
- the number of persons registered for a tourist trip is less than the minimum number stipulated in the contract and the organizer informs the traveler about the termination within the period specified in the contract, which cannot be shorter than (1) 20 days before the start of the tourist trip in the case of trips lasting longer than six days ; (2) seven days before the start of the tourist trip in the case of trips lasting between two and six days; (3) 48 hours before the start of the tourist trip in the case of trips lasting less than two days;
- the organizer is prevented from executing the contract due to unavoidable and extraordinary circumstances. In that case, the organizer is obliged to inform the traveler about the termination of the contract without undue delay, and before starting the tourist trip. The organizer is obliged to pay the total amount paid to the traveler, without undue delay, and no later than within 14 days of termination.
The organizer is not responsible for the compensation of possible expenses incurred by the passengers due to the termination of the contract.
11.2. During the trip: During the trip, the Organizer reserves the right to change the day or hour of the trip, as well as the right to change the travel route and necessary changes to the Program, if the conditions for the trip change (changed flight schedule, forced landing, congestion at the borders or in traffic, closure of one of the locations planned for the tour, changes in the visa regime, security situation, natural disasters or other extraordinary and objective circumstances and force majeure) without the obligation to pay damages or any other compensation to the Passenger. In the mentioned cases, the Organizer bears any additional costs of changing the Itinerary
If the Traveler interferes with the implementation of the trip due to rude and improper behavior, regardless of the issued warning, the Organizer may demand compensation for any incurred expenses.
In the case of extraordinary circumstances during the trip that could not be predicted in advance, and which can be brought under 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 Agreement, whereby the Organizer has the right to actual or incurred costs and the obligation to pay half of the Passenger's return transportation costs. The Organizer does not assume any responsibility if the Traveler refuses the offered return with the provided means of transport.
- CANCELLATION OF THE CONTRACT BY THE PASSENGER:
12.1. Before starting the trip: The traveler has the right to cancel the trip, about which he is obliged to inform the Organizer in writing in the manner in which the Agreement was concluded. The date of the written cancellation of the Agreement is the basis for the calculation of compensation 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 Itinerary, namely:
If the Traveler cancels the trip in a timely manner (90 to 45 days), the Organizer has the right to compensation only for the incurred administrative costs.
- 10% if the trip is cancelled 44 to 30 days before the start of the trip,
- 20% if cancelled 29 to 20 days before the start of the trip,
- 40% if cancelled 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 cancelled 5 to 0 days before the start of the trip or during the trip.
Exceptionally from the above, the following cancellation scale will be applied:
- for ship cruises:
– If the traveler cancels the trip in a timely manner up to 60 days before the start of the trip, the Organizer has the right to retain the incurred administrative costs,
– 10% if the trip is canceled from 59 to 46 days before the start of the trip,
– 25% if the trip is canceled from 45 to 31 days before the start of the trip,
– 50% if the trip is canceled from 30 to 16 days before the start of the trip,
– 75% if the trip is canceled from 15 to 6 days before the start of the trip,
– 100% if the trip is canceled 5 days before the start of the trip, or if the passenger does not report for boarding at the port in time (three hours before the ship's departure), interrupts the cruise that has already started and if, when boarding the plane or ship, it is determined that the Passenger does not have a valid or valid passport or visa.
b. for recreational vacations for preschoolers, outdoor classes, school, and student excursions if the entire contract is canceled:
- If the traveler cancels the trip in a timely manner up to 120 days before the start of the trip, the Organizer has the right to retain the incurred administrative costs,
- 20% if canceled from 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 from 59 to 45 days before the start of the trip,
- 100% if canceled from 44 to before the start or during the trip.
c. for trips from the "Intercontinental Trips" offer (These are trips that have the prefix Intercontinental Trips or a note that they are Intercontinental Trips in the name of the Travel Itinerary)
If the traveler cancels the trip in a timely manner up to 60 days before the start of the trip, the Organizer has the right to retain the incurred administrative costs,
– 15% if the trip is canceled from 59 to 45 days before the start of the trip,
– 40% if the trip is canceled from 45 to 35 days before the start of the trip,
– 60% if the trip is canceled from 34 to 30 days before the start of the trip,
– 70% if the trip is canceled from 29 to 20 days before the start of the trip,
– 90% if the trip is canceled from 19 to 15 days before the start of the trip,
– 100% if the trip is canceled from 14 to 0 days before the start of the trip.
Changing essential elements of the contract (agreed place, date of travel, means of transport, accommodation facility, accommodation unit), as well as failure to obtain a visa, non-payment of the agreed price, etc., is considered the passenger's withdrawal from the trip.
In the case that the traveler has completely or partially withdrawn from the contract on organizing the trip, before the start as well as during the duration of the tourist trip, due to circumstances that he could not avoid or eliminate and which, if they existed at the time of the conclusion of the contract, would constitute a justified reason for not concluding the contract, the organizer has the right to reimbursement of actual expenses.
The passenger's justified reasons for canceling the contract are:
- sudden illness of the passenger, as well as serious illness of his blood relative in the direct line, and in the collateral line up to the second degree, spouse or in-law relative up to the second degree, adoptee and adoptive parent;
- death of the passenger's blood relative in the direct line, and in the collateral line up to the second degree, spouse or in-law relative up to the second degree, adoptee or adoptive parent;
- natural disasters in the country of origin or destination;
- an officially declared state of emergency in the country of origin or destination;
- emergency situation in the country of origin or destination.
In this case, the organizer is obliged to provide an explanation of the compensation amount at the passenger's request. For the mentioned cases, the Traveler is obliged to submit to the Organizer proof that the rights from health insurance are exercised on the basis of temporary inability to work (certificate of the selected doctor from the field of general medicine, i.e. the discharge list of a stationary health institution, which expressly confirms the sudden illness and inability to travel), i.e. death certificate, i.e. invitation for military training. Cases of local terrorist attacks, explosions, infections, epidemics and other diseases, natural disasters, climatic conditions, etc., for which a state of emergency has not been declared by the competent state authorities of the domicile or country cannot be considered justified reasons for the cancellation or interruption of the Passenger's trip.
Sudden illness means a sudden and unexpected illness diagnosed by an authorized doctor, that is, an infectious disease or an organic disorder, which occurs after the conclusion of the travel contract and is not related to, nor is it a consequence of, any previous health condition, and is of such a nature that it requires treatment, stay in the hospital (hospitalization) and prevents the start - use of the contracted trip. The Organizer, in the event that the Traveler provides a suitable replacement or the Organizer himself performs the replacement, is obliged to return the paid funds to the Traveler in the total amount, after deducting only actual and incurred expenses. In case of replacement of the Passenger, the Organizer is obliged to conclude a Contract with the new passenger.
AIR TICKET contracted by the travel program, either as part of the arrangement or separately, on charter or regular lines, is an ACTUALLY INCURRED COST and is subject to a 100% charge for all costs, regardless of the reason for cancellation and the method of purchase. The traveler agrees that in the event of his cancellation, the Organizer has no obligation to refund on that basis.
Also, the actual cost is the cost of fixed accommodation rental, air-bus-ship ticket or other tickets, organizer's administrative costs, purchased tickets or paid other types of non-refundable services, etc.
The money can be returned exclusively to the Traveler personally or to the person who made the payment on behalf of the Traveler, using the payment method that he himself used.
In the case of cancellation of the trip, which is covered by the insurance policy, the Traveler realizes his right directly from the insurer.
In case of withdrawal from the Contract, the amount paid to the Organizer for mediation in obtaining visas, as well as paid legal and other obligations, will not be returned to the Traveler.
12.2. After starting the trip: If, due to the cancellation of the trip, the Traveler does not use some of the contracted services due to his own fault, the Organizer will try to obtain compensation from the service provider for the unused services. If the service provider does not return the money, the Passenger has no right to a refund of the corresponding part of the price, of the unused trip. If it is an insignificant service or value, the Organizer is released from this obligation. If, due to the Organizer's fault, a significant part of the services specified in the Agreement are not performed, the Organizer is obliged to implement certain preventive measures, so that the trip can continue or to offer the Traveler other appropriate services, until the end of the tourist trip without additional costs for the Traveler, all in accordance with point 14 of these General Conditions, without affecting other legal rights of the Passenger.
- INSURANCE, DEPOSIT, AND TRAVEL GUARANTEE:
Travel insurance is not included in the price of the trip. The organizer advises taking out insurance that is not required by law, namely travel liability insurance, travel cancellation insurance, health insurance, and accident insurance. If the Organizer and the Intermediary offer travel insurance, it is only mediation. The insurance contract is concluded only between the Traveler and the insurance company, to which 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 travel price and are due immediately upon the conclusion of the insurance contract. By signing the Agreement, the Traveler confirms that he has been informed and directed to secure the travel insurance package.
The travel insurance package does not cover mandatory health insurance, and the Traveler is recommended to provide the same himself, as this may be the reason that the border authorities do not allow further travel or that the Traveler has to pay significant costs of possible treatment.
In accordance with the provisions of the Law on Tourism, Explore Balkans doo Tour Operator has a travel guarantee for license category B and for the case of insolvency and compensation for damages no. 2701753, in the amount of 5,000 euros, insurance company KOMPANIJA DUNAV OSIGURANJE a.d.o. Belgrade, MB: 07046898, as well as a deposit in the amount from 500 euros, on the Raiffeisen Bank account, 265-6180310001048-23.
Category B license, according to the Law on Tourism, is issued for organizing tourist trips in the country, as well as for organizing trips to countries with which the Republic of Serbia borders, for a duration of no longer than 48 hours, which includes a maximum of one night's stay.
The travel guarantee in case of insolvency of the Organizer of a trip is provided: 1. the costs of the necessary accommodation, food, and return of the Traveler from the trip to the place of departure in the country and abroad, 2. claims for paid funds of the Traveler based on the Contract on a tourist trip, which the Travel Organizer did not implement, 3. claims for paid funds of the Traveler in case of cancellation of the trip from on the part of the Traveler, in accordance with the General Conditions of Travel, 4. claims for the difference between the funds paid under the Travel Contract and the funds reduced in proportion to the performance or incomplete performance of the services included in the Travel Itinerary and in case of compensation for damages compensation for damages caused to the Traveler by non-fulfillment, partial fulfillment, or improper fulfillment of the Travel Organizer's obligations, which are determined by the General Conditions and the Travel Itinerary: 1. for the claim of the Traveler's paid funds based on the Travel Contract that the Travel Organizer did not implement and 2. to claim the difference between the funds paid based on the Travel Contract and the funds reduced in proportion to the non-performance or incomplete performance of the services included in the Travel Itinerary. The period of coverage of the Travel Guarantee is from the date of its issuance until the end of the tourist trip, i.e. until the Traveler's return to the agreed destination.
Travel guarantee of the company DUNAV OSIGURANJA a.d.o. per Policy no 2701753, is contracted with the duration of the insurance from 01.07.2023 year, until 01.07.2024 year is activated without delay, i.e. within 14 days from the date of occurrence of the insured event, at DUNAV OSIGURANJE, on phone numbers +381 11 36 36 940 and 0800 386 286, in writing or by telegram to the address Makedonska no. 4, 11001 Belgrade or by mail firstname.lastname@example.org.
The passenger must provide the contract/guarantee number, the passenger's name, address or phone number, as well as other documentation requested by the insurer.
(The passenger realizes his rights for damages based on a final and enforceable court verdict, i.e., a decision of the Arbitration Court or another out-of-court settlement of a consumer dispute, in accordance with these General Terms and Conditions and the General Terms and Conditions of YUTA).
- HELP, COMPLAINTS, CLAIMS, AND DISPUTE RESOLUTION:
The travel organizer is obliged to visibly display a notice at the point of sale about the method and place of submitting complaints and to ensure the presence of a person authorized to receive complaints during working hours.
The travel organizer is obliged to keep records of complaints received and to keep them for at least two years, from the date of submission of the Traveler's complaint.
The passenger is obliged to communicate a justified objection to the local representative of the Organizer without delay, and in urgent cases, if the latter is not immediately available, to the immediate service provider (e.g. 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 +38169655777, weekdays from 10:00 a.m. to 6:00 p.m., CET or via e-mail: email@example.com. For urgent and similar procedures, it is necessary for the Traveler to provide the Contract number, place of travel, name of the accommodation facility, passenger's name, address or phone number, etc., through which they can be contacted.
The traveler is obliged to cooperate in good faith in the complaint procedure in order to solve the problem within a reasonable time, depending on the nature of the complaint /from 24 to 48 hours/ (e.g. refrigerator failure, power or water outage, poorly cleaned apartment, etc.) and accept the offered solution that corresponds to the contracted service.
If the cause of the complaint is not removed on the spot, the Traveler and the Organizer's representative draw up a written confirmation of this in two copies, which both parties draw up and sign. The passenger keeps one copy of this certificate.
Local representatives do not have the right to recognize any requests for compensation, but only the Organizer. The passenger cannot demand a proportional reduction in the price, termination of the Contract, and compensation for damages, if he negligently and in the prescribed manner fails to inform the authorized representative and the Organizer on the spot, without delay, and in a timely manner, about the shortcomings between the 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 expenses), request by types of unperformed services, factually specified and quantified in relation to each individual passenger, witnesses, and other evidence) and demand the return of the price difference between contracted and unperformed, i.e. partially performed services. Each Passenger who is a signatory to the Agreement, in his own name and on behalf of the person from the Agreement, or a person with proper power of attorney for representation, submits a complaint individually because the Organizer will not consider group complaints.
It is preferable for the Traveler to submit the complaint in writing to the Organizer's address, Dr. Nedeljka Ercegovca 54/5, 11080 Belgrade-Zemun
The traveler can declare a complaint orally at the point of sale where he concluded the Travel Contract, or at another place designated for receiving complaints, electronically, or on a permanent record carrier, with the delivery of documentation showing the basis of the complaint.
The organizer is obliged to process only timely, reasoned, and documented complaints, after the complaint made by the Traveler, whose cause could not be eliminated during the trip on the spot, and to issue a written confirmation to the Traveler or confirm the receipt of the complaint electronically, i.e., communicate the number under by which his complaint was registered in the record of complaints received.
The organizer is obliged to provide the Traveler with a written answer within 8 days from the day of receipt of the proper complaint and to pay the difference in price within 15 days. The travel organizer can extend this deadline with the consent of the Traveler and record it in the complaint book.
If the complaint is not complete and needs to be edited, the Organizer will send the Traveler a response, to edit it within the deadline, under threat of failure.
The organizer, in accordance with good business practices, will respond to the Traveler within the legal deadline even for complaints that are untimely, unfounded or disorderly.
The reduction of the price upon complaint by the Passenger can only reach the amount of the advertised and unperformed part of the service, it cannot include services already used, nor reach the amount of the entire contracted price. The amount of the fee, which is paid upon a well-founded and timely complaint under the Contract, is proportional to the degree of unperformed or partially performed service. If the Traveler accepts the payment of the compensation in the name of a proportional price reduction, or any other type of compensation, it is understood that he agrees with the Organizer's proposal for a peaceful settlement of the dispute, and thus waives all further claims against the Organizer in connection with 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 price difference 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, and the YUTA General Terms and Conditions, when the Organizer has offered the Traveler a real difference in price for inadequately provided services, in accordance with the price list of the direct service provider, which was valid on the day of the conclusion of the Travel Contract, and other available evidence, and that the Organizer acted in accordance with positive regulations.
Any request by the Traveler to initiate the procedure before other persons, before the expiration of the deadline for resolving complaints, will be considered premature, as well as informing the public media and the media, a violation of the Contract.
- TRAVEL ITINERARY ON PASSENGER REQUEST AND INDIVIDUAL SERVICES:
15.1. Travel itinerary at the request of the Traveler: Individual travel (further: itinerary at the 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 at certain times, which is not in the offer of the Organizer, i.e. which the Organizer has not previously announced, he already made it at the request of the Traveler.
The provisions of the previous clauses of these General Terms and Conditions apply analogously to the On-Demand Itinerary, unless otherwise regulated by this clause.
The traveler has the right to withdraw from the Contract, which he is obliged to notify the Organizer in writing. The date of the written cancellation of the Agreement is the basis for the calculation of compensation due to the Organizer, expressed as a percentage in relation to the total price of the requested trip, if the Program does not specify otherwise, namely:
If the Traveler cancels the trip in a timely manner (90 to 60 days), the Organizer has the right to compensation only for the incurred administrative costs.
- 15% if the trip is cancelled 60 to 30 days before the start of the trip,
- 20% if cancelled 29 to 20 days before the start of the trip,
- 40% if cancelled 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 cancelled 5 to 0 days before the start of the trip or during the trip.
15.2. Individual services and "Reservations on request": If the Traveler books only one service, which does not include an overnight stay, the Organizer acts only as an intermediary for someone else's service. For individual and "reservations on request", the Organizer may request a deposit from the Traveler for the cost of the reservation. 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 to the Traveler in full.
The service intermediary, except for his gross carelessness and negligence, is not responsible 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 the direct service providers (e.g. individual accommodation, transportation, ticket service for sports events, excursions, car rental, etc.). By obtaining proof of the contracted individual service, contractual relations come into force, exclusively between the Traveler and each individual service provider.
For individual tourist services, the following cancellation scale applies, unless otherwise agreed, for individual services at the request of the passenger:
a. for hotel accommodation:
- if the trip is canceled up to 60 days before the start of the trip, timely cancellation, only the incurred administrative costs are reimbursed.
- from 59 days to 31 days before the start of the trip 25%
- from 30 to 24 days before the start of the trip 40%
- from 23 to 17 days before the start of the trip 50%
- from 16 to 10 days before the start of the trip 80%
- from 9 to 6 days before the start of the trip 90%
- from 5 days to and after the start of use 100% of the accommodation price
b. for apartment rent per unit:
- if the trip is canceled up to 70 days before the start of the trip, timely cancellation, only the incurred administrative costs are reimbursed.
- from 69 to 46 days before the start of the trip 25%
- from 45 days to 36 days before the start of the trip 50%
- from 35 days to 16 days before the start of the trip 80% and
- up to 15 days before and after the start of use 100% of the rental price.
c. other individual services: Reserved individual services such as tickets for concerts, opera, theater, balls, tickets/stamps for transport (eg metro, train, bus), ferry tickets, ski passes, sightseeing, museum tickets, sports event tickets, and secondly, in case of possible cancellation, the Passenger will be charged costs equal to the contracted price of each individual service, which can be up to 100% of the price of the individual service.
In cases of contracting several individual services, the cancellation fee is added up, according to the conditions of the service provider.
d. regularly scheduled flights, intercontinental flights, and domestic flights to the desired destination:
For the same, the airline company's conditions apply, depending on the flight and tariff you have chosen and which will be communicated to you before the reservation is made.
Services, for which special cancellation conditions have been determined, will be communicated to the Traveler at the time of booking and included in the Travel Contract.
In the case of a contracted individual transport service, in the event of a timely cancellation, already received scheduled flight tickets, train tickets or ferry tickets must be returned, otherwise full prices must be charged.
In the case that the Traveler has reserved an apartment for vacation, the Organizer warns of the possibility that the lessor, upon handing over the holiday apartment, may ask for a suitable deposit for incidental expenses and possible damage.
- PROTECTION OF PERSONAL DATA OF PASSENGERS:
The traveler is aware that the organizer has harmonized its operations with the Law on the Protection of Personal Data and agrees that the Personal Data of the Traveler and fellow travelers from the travel confirmation contract such as personal number, travel document number, phone number, email address, postal address. which the Traveler provides voluntarily, are a business secret of the Travel Organizer, and can be used in the manner and under the conditions prescribed by the Personal Data Protection Act. The traveler agrees that personal data may be used by the Organizer for the implementation of the contracted Travel Itinerary, whereby the addresses, place, time, and price of the trip and the names of fellow travelers may not be disclosed to other persons, except persons designated by special regulations.
- APPLICATION OBLIGATION: The Organizer may, in the Itinerary or Special Conditions of Travel, foresee different provisions in relation to these General Conditions, due to special conditions and rules for direct service providers, as well as for trips with special contents (due to the holding of sports, congresses and similar international events and special types of tourism - student, hunting and fishing, extreme sports, etc.) and which form an integral part of such Contracts.
The ineffectiveness of individual provisions of the Contract does not result in the ineffectiveness of the entire Travel Contract, which also applies to these General Travel Conditions.
The Traveler and the Organizer agree on the local jurisdiction of the Court according to the seat of the Organiser, with the application of these General Travel Conditions and other Special Travel Conditions, as well as the regulations of the Republic of Serbia. The provisions of these General Travel Conditions form an integral part of the Contract between the Traveler and the Organizer and are binding for both contracting parties, except for the provisions defined in the Contract, which are more favorable for the traveler. For all issues that are not covered by these General Travel Conditions, the Special Travel Conditions, the Law on Tourism, the Law on Obligations, and the Law on Consumers, as well as the previous practice, will apply. By signing the Contract or confirming that he has received the agreement by email, the Traveler confirms that these General Terms and Conditions of Travel have been delivered to him and that he has accepted them.
These General Travel Conditions are valid from 18.07.2023.
Tatjana Anić, director