General travel conditions
Introductory note
The provisions of these General Conditions form an integral part of the travel contract between the passenger and the Travel Agency Discover Tours ISU /Otkrij Tours ISU d.o.o. Breza st. Alije Izetbegović “Zanatski centar”, Breza as the organizer and are binding for both contracting parties, except for provisions defined in a separate written contract or travel program.
1. PRE-CONTRACTUAL NOTICE:
By signing the standard Travel Agreement and travel confirmation and application (further: Agreement) with your own by signing on behalf of all passengers from the Agreement (further: Passenger) confirms that these General/General have been delivered to him terms/conditions of travel (further: General conditions), pre-prepared and published travel program (hereinafter: the Program), that he, like all passengers from the contract, is familiar with them and fully accepts them, as well as that he is familiar with the optional travel insurance and trip cancellation insurance options.
The provisions of these General Terms and Conditions form an integral part of the Agreement between the Traveler and the agency as a travel organizer (hereinafter: the Organizer) and are binding for both contractual parties, except for the provisions defined in a separate written agreement or Program. Before concluding the Agreement, the Organizer can change the description of its services in the Program at any time. The Traveler and the Organizer agree that before the conclusion of the Agreement, the Traveler was informed of all possible changes to the data from the Program within an appropriate period of time before the conclusion of the Agreement.
In the event 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 Program – offer, the Agreement is considered terminated.
2. APPLICATIONS, PAYMENTS AND CONTRACT:
The Passenger submits the application in writing or on a permanent record carrier or by e-mail or fax. 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 concluded a contract with the Organizer on the intermediary sale of the trip (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. If the intermediary in the contract-confirmation does not indicate the capacity in which he acts, the intermediary in organizing the trip is considered a travel organizer. The Passenger’s application becomes valid when it is confirmed by concluding the Agreement in the manner in which the Application was made and by paying an advance payment of 50% of the price 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 Agreement. Upon conclusion of the Agreement, the Program (previously published or subsequently modified) becomes its integral part and cannot be changed, unless the contracting parties expressly agree otherwise or if the changes occur due to force majeure. If the Agreement is canceled or amended, the cancellation provisions and amendments apply to all passengers listed in the Agreement. The date of payment to the account of the Organizer or Intermediary is relevant for the timeliness of the payment. 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 Agreement and request compensation in accordance with point 12 of these General Terms and Conditions. The contract on the tourist package-arrangement is concluded in writing or on a permanent recording medium. With the contract on a tourist package-arrangement, the travel organizer undertakes to provide the consumer with at least two services determined by the travel organizer, independently or at the request of the consumer, namely transportation and accommodation services, as well as other tourist services that are not secondary services of transportation and/or accommodation , and make up a significant part of the total price, with the fact that the consumer is obliged to pay the travel organizer a single price. The contract on the tourist package-arrangement necessarily contains all provisions from the travel program that was personally delivered to the consumer. At the time of conclusion of the contract on the tourist package-arrangement or immediately after its conclusion, the Organizer will issue a travel certificate to the consumer. In the case of organization of group trips, such as: school, pupil and student excursions, the Organizer will conclude a contract on the organization of the excursion with the educational institution on whose behalf the excursion is organized or in another way, all in accordance with the relevant Tourism Act or Rulebook on the conduct of excursions adopted by the competent ministry in whose territory the contract is concluded.3. OBLIGATIONS AND RIGHTS OF ORGANIZERS:
- In the Contract, apart from the services from the Program, include special requests of passengers that were agreed only by the Organizer;
- Pay the proportionate real difference between the contracted price and the price of the trip reduced in proportion to non-execution or incomplete execution of the Contract (further: Price reduction) on the occasion of a timely and well-founded written complaint – objection of the Traveler in accordance with the law and these General Terms and Conditions, unless failures in the execution of the Contract have occurred : due to the Traveler’s fault or attributed to a third party who was not the contracted direct service provider in the implementation of the Program, due to force majeure or unforeseen events over which the Organizer has no influence and whose consequences are unavoidable despite the application of due care or some other events that the Organizer could not foresee and overcome ;
- In accordance with good business practices in this area, to take care of the rights and interests of Passengers;
- Before departure, submit the name, address and phone number of the local representative, that is, the partner’s local agency, and exceptionally, if necessary, the address and phone number of the Organizer for emergency assistance to the Traveler;
- He is not responsible for the services provided to the Traveler by other persons outside the Program;
- All verbal and any other type of information, which differs from those contained in the Program, Agreement 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.
4. OBLIGATIONS AND RIGHTS OF PASSENGERS:
- To become familiar with the Program and General Conditions in detail, like all persons from the Agreement, to highlight special requirements that are not included in the published Program,
- To provide optional travel insurance policies himself, because he does not provide them and is not responsible for them
The organizer, if not otherwise defined in the contract (e.g. school and student excursions…),
- To pay the agreed price under the terms, deadlines and in the manner provided for in the Agreement,
- 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 determined 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 in his stead,
The other person who takes over the arrangement and his predecessor are jointly and severally liable to the Organizer for the payment of the price and costs of transferring the contractual obligations, in which case the Organizer can demand compensation only for the actual costs arising from the replacement of the consumer
- To personally (group complaints will not be taken into account) without delay on the spot communicate the justified complaint in written form (incident report) to the Organizer or to the persons listed in the travel documentation,
- That before the conclusion of the contract, information is provided through the website of the Ministry of Foreign Affairs of Bosnia and Herzegovina (www.mvp.gov.ba) 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 no earlier than 48 hours.
5. PRICES AND CONTENT OF SERVICES:
Prices are expressed in foreign currency, and payments are calculated in convertible marks according to the official exchange rate on the day of payment, that is, according to the exchange rate specified in the Program or unless otherwise agreed. 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) are paid by the passenger on the spot to the immediate provider of the service.
The price from the Contract includes a pre-prepared and published combination of at least two or more of the following services of average quality common to the given destination and facilities, namely: accommodation, food, transportation, preparation and organization of the trip, for which a single price has been agreed to be paid by the traveler (further: Standard services).
The price of the arrangement does not include, unless something else has been specifically agreed upon (further: Special contract), the costs of: airport and port taxis, local tourist guide, representative of the organizer, tourist animator, optional programs, use of sunbeds and umbrellas, obtaining visas, entrance fees to facilities and to events, passenger and luggage insurance, room service, use of room bar, air conditioning, recreational, medical, telephone, etc. service, reservation of a special seat in the vehicle, accommodation costs in a single room, rooms with special characteristics (view, floor, size, balcony, etc.), additional meals, etc. (further: Special services).
The intermediary is not authorized to contract special services on behalf of the Organizer that are not provided for in the Program. The conditions related to obtaining discounts for children as well as other benefits that are specifically provided in the Program are determined by the direct service providers and should be interpreted restrictively (e.g. for children up to two years of age, the calendar date when the child turns two is relevant in relation to the day of the start of the trip, not the date of conclusion of the contract). In case of 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 Program or Special Agreement, as well as for the Passenger’s participation in sports and other free activities.
6. PRICE CHANGE AND THE PASSENGER’S RIGHT TO CANCELLATION:
The organizer may request an increase in the agreed price no later than 8 days before the start of the trip if, after the conclusion of the Agreement, there has been a change in the currency exchange rate, when the price is expressed in convertible marks or a change in the carrier’s tariffs and in other cases provided for by law.
A subsequent change in the arrangement price calculation can be determined in the event of:
- Changes in transportation costs by more than 5% of the contracted price, which is caused by a change in the price of oil and oil derivatives (fuel),
- Changes in fees for certain services, such as: docking at ports and airports, transportation and passenger taxes at airports and
- The impact of a change in the exchange rate, if that change affects the price of the arrangement by more than 5%. The organizer is obliged to inform the passenger/consumer about the price increase when he learns about the above-mentioned circumstances. If the Organizer demands a price increase, the consumer has the right to refuse of the Agreement on the condition that he immediately informs the Organizer.
Subsequent price reductions of the Program cannot apply to already concluded Contracts and cannot be the basis of any complaint by the passenger towards the Organizer.
7. CATEGORIZATION AND DESCRIPTION OF SERVICES:
All services listed in the Program include standard services of average quality, common and specific to certain destinations, places and facilities. In case the traveler wants some services outside the Program, he must conclude a Special Agreement.
The Organizer is not responsible for the description 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 description of the services contained in its Programs, i.e. on its website, with the fact that obvious typographical and calculation errors give the Organizer the right to challenge the Agreement.
Accommodation facilities and accommodation units, means of transport, etc. services are described according to official categorization of the domicile country at the time of publication of the Program, they are different and not comparable by destination, even within the same destination. Nutrition, comfort and quality of service depend primarily on arrangement prices, selected destinations and categorizations 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 Program 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 conditioned by procedures at border crossings, road conditions, permits from competent authorities, technical and weather conditions or force majeure that may affect the departure time of airplanes and other means of transport that the organizer does not control. may affect, and therefore the Organizer is not responsible for such cases. The first and last day of the Program are intended for travel and do not include a stay in a hotel or place of destination – they only indicate the calendar day of the start and end of the trip, so the organizer is not responsible for an evening, night or early morning flight, entering the room in the late in the evening hours, leaving the hotel in the early hours of the morning and the like.
For an air arrangement, 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 airlines. In case of moving the specified departure time of the plane, the Organizer does not bear any national responsibility, but international regulations in the field of air traffic also apply. As a rule, the departure – arrival, take-off – landing of a charter flight is in the late evening or early morning and if, for example, provided contracted initial or final meal in the form of the so-called of a “cold meal” in the accommodation facility, it is considered that the Agreement has been fully executed.
The services of a tour guide, companion, local guide, animator or local representative do not imply their all-day and continuous presence, but only contact and necessary assistance to the Traveler according to pre-determined periodic on-call times published on the bulletin board or otherwise attached. The instructions and instructions of the authorized representative of the Organizer (especially regarding the time of departure, transportation, accommodation, legal and other regulations, etc.) are binding on the passenger, and non-compliance with the mentioned instructions constitutes a violation of the Agreement and all possible consequences and damage in such a case shall be borne by the Passenger in the act.
Changes or deviations of individual services that are not caused by the Organizer’s availability are allowed if they do not reflect negatively on the overall concept of the contracted trip. If, for the reasons mentioned, the flight or transport needs to be moved to another airport or place, the Organizer shall bear all the costs of alternative transport, at least in the amount of the 2nd class transport ticket.
When a third party takes the place of the person who reserved a certain tourist service, the Organizer has the right to compensation for the incurred costs of the change. The passenger and the person who takes his place are jointly and severally liable for the payment of the agreed prices 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.
8. ACCOMMODATION, FOOD AND TRANSPORTATION:
- The passenger will be accommodated in any officially registered accommodation unit in the accommodation facility described in the Program, 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 no earlier than 4:00 p.m. on the day the service begins, 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 the hotel service, 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 country of residence.
- The functioning of air conditioners in accommodation facilities varies by destination and facilities and does not imply continuous operation of air conditioners 24 hours a day, – The Organizer is not liable to the Traveler for damage caused by his non-compliance with legal regulations, prescribed rules and customs established by carriers, hoteliers and other immediate service providers.
- If the Organizer or a third party on behalf of the Organizer should have fulfilled the obligation from the Agreement, does not fulfill, that is, partially fulfills the obligation from the Agreement or if it is late in fulfilling it, the consumer can demand compensation for damages, including non-material damage.
- If, in the above-mentioned case, the consumer submits a request for compensation to the Organizer for the reason that the third party who was supposed to perform the obligation from the Contract on behalf of the Organizer, does not fulfill, that is, partially fulfills the obligation from the contract or if it is late with its fulfillment, the Organizer is authorized to demands compensation of the paid amount from a third party.
- The organizer is released from responsibility if it proves that the non-fulfilment, partial fulfillment or delay in fulfillment is the result of the consumer’s intentional or grossly careless behavior.
- After the start of the tourist trip, and 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 a refund price differences in proportion to the reduced category of the accommodation facility.
- The traveler assumes the obligation to familiarize himself with 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, observing house rules, staying and leaving the room at a certain time, the number of people in the room and Ph.D. because the Organizer is not responsible for damages caused on that basis.
- The variety, quality of food and food service depends mainly on the price of the arrangement, the category of the facility, the destination and local customs, regardless of whether the service is self-service or served (menu).
- All inclusive and any other service includes 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 passenger about the contents.
All inclusive services in written form.
- Breakfast, unless otherwise indicated in the Program, includes a continental breakfast.
- If the capacity occupancy in hotels is below 30%, it is possible that instead of self-service, the food service is served.
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 the event that the Traveler reaches a different agreement with the immediate food provider on the spot, the Organizer bears no responsibility for inadequately performed food service.
- 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 engaged 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 is not implies numbered seats, nor included meals and drinks during the trip, etc.). The passenger has the obligation to accept every offered seat in the means of transport.
- The organizer has the right to hire all types of tourist buses that meet the requirements stipulated in the regulations (mini bus, bus or double decker), as well as other means of transport if the circumstances require it,
- Toilets are not in use during the bus ride, unless it is approved. The passenger is obliged to compensate on the spot for all damage caused by his negligence in the means of transport. The passenger is obliged to check and reconcile his personal and travel documents and luggage before the trip, and in case of any irregularities, 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 means of transport, the cancellation scale from point 12 of the General Terms and Conditions will be applied.
- The direction of travel, breaks, places and their duration are determined by the guide/companion – driver. Guide/companion – the driver has the right to, due to unforeseeable, unavoidable or safety and similar circumstances, change the driving schedule, the road itinerary, or the order of site visits.
- The passenger is obliged to comply with the instructions of the driver or tour guide/companion (length of break, etc.)
- Inconsistency of the personal data given to the organizer with the data in the Passenger’s passport (passenger’s names, etc.) may result in the issuance 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 transport tickets are valid only on the dates and times indicated on them.
- Transportation of Passengers by air, rail, sea, river or lake means of transport is carried out and the direct responsibility of these carriers is determined in accordance with the regulations and customs that regulate the mentioned types of transport and are beyond the influence and responsibility of the Organizer.
9. TRAVEL DOCUMENTS, COMPLIANCE WITH RELIGIOUS, HEALTH AND LEGAL REQUIREMENTS:
All conditions published in the Program apply exclusively to citizens with travel documents of Bosnia and Herzegovina. The organizer is not responsible and is not obliged to inform travelers who are citizens of other countries about the conditions (visa, customs, health, etc.) that apply to the country of destination or transit, but it is the duty of the foreign citizen to inform himself at the competent consulate and that the Traveler himself meets the necessary conditions and provide documents in a timely and orderly manner. A traveler traveling abroad must have a valid travel document with a validity period of at least 6 months from the date of the end of the trip and submit to the organizer the correct and complete necessary data and documents for obtaining a visa, if the Organizer obtains one.
The official of the agency of the Organizer or the Intermediary is not authorized to determine the validity of travel and other documents. When the Organizer intervenes in the process of submission of documents, the Organizer does not guarantee obtaining a visa, or obtaining a visa within the deadline and does not bear any responsibility for incorrectness of 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 Passenger 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 traveler is obliged to contract Special services related to his religious or health reasons, such as, for example, specific diet, characteristics of accommodation, etc. due to religious reasons, chronic illness, allergy, disability (wheelchair, companion, 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, including mandatory vaccinations or the acquisition of certain documents, it is the responsibility of the traveler to take the necessary vaccinations and provide appropriate certificates thereof, and in case of any consequences, he is responsible for the damage.
The passenger is obliged to strictly comply with customs, foreign exchange, etc. the regulations of Bosnia and Herzegovina, the transit countries and the countries in which they are staying, and in case of the impossibility of continuing the journey, i.e. stay and everything else, all consequences and costs are borne by the traveler himself.
If the trip cannot be carried out due to the passenger’s failure to comply with the provisions of this point, the provisions of point 12 of the General Terms and Conditions apply.
10. LUGGAGE:
Baggage transportation up to a certain weight determined by the airline is free. Excess luggage The passenger pays 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 security rules regarding hand luggage apply, so we recommend that for more information, the passenger is informed at the airport from which he is traveling. Damages and loss of luggage on flights The passenger is obliged to report without delay on the spot to the competent airport service for lost luggage, because airlines usually refuse compensation if the damage report form is not filled out and submitted.
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 baggage. The passenger is obliged to take care of his/her belongings brought into the means of transport, of giving or taking over luggage handed over to the authorized person of the carrier, or brought into the accommodation facility. The passenger exercises all his rights according to the above 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 passenger (transportation will be as close as possible to the accommodation facility). The Organizer is not responsible for forgotten items in the vehicle.
Except in the case of intent and gross negligence, the Organizer has no responsibility for luggage and items, which are not usually taken with them, except when they have expressly taken the items for safekeeping. Therefore, the Traveler is not recommended 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 their 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 a 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 provider of the service.
11. CHANGE AND CANCELLATION OF THE CONTRACT BY THE ORGANIZER:
In the above case, the consumer has the right to:
- Acept the replacement of the contracted trip with another trip of the same or better quality without the consumer’s obligation to pay the difference in price,
- Accept the replacement of the contracted trip with another trip of lower quality and compensation for the difference in price i
- Demands the return of the funds paid based on the contract on the tourist package-arrangement. The consumer is obliged to notify the Organizer of his decision without delay, in writing or on a permanent record carrier or by means of remote communication with which he made the reservation.
The organizer has the right to terminate the Agreement in case of:
- An insufficient number of registered passengers, provided that he informed the Traveler about this no later than 5 days before the start of the tourist trip and,
- Due to the impossibility of fulfilling contractual obligations for which the contracting parties are not responsible, and which, if they had existed at the time of the Program’s publication, would have been a justified reason for the Organizer not to publish the Program and not conclude the Agreement, with the obligation to return the paid funds to the Traveler within 15 days at the latest from the day of termination.
If due to an event for which the contracting parties are not responsible, the fulfillment of the Organizer’s obligation becomes impossible, the consumer’s obligations also cease. If in the above-mentioned case the consumer has taken certain actions in order to fulfill his contractual obligation, the consumer can demand from the Organizer the return of the paid funds according to the rules on the return of unfounded gains.
The costs of the consumer’s return to the place of departure or another agreed place are borne by the contracting parties in equal parts, and other costs related to the termination of the contract on the tourist package-arrangement are borne by the consumer.
If not specifically stated in the Program, in order for the trip to be carried out, the minimum number of registered passengers should be: for a bus trip 30 passengers, for a trip on regular airlines in Europe 20 passengers, for a trip on intercontinental airlines 15 passengers, for a trip on specially contracted air-charter lines, trains, hydrofoils, etc. at least 80% capacity occupancy for each means of transport.
In case of acceptance of the new contract, the Traveler waives any claims against the Organizer based on the originally concluded Contract.
If, after the start of the trip, the Organizer determines that the consumer has not been provided, that is, that he will not be able to provide the consumer with services in accordance with the Agreement, he is obliged to offer the consumer other suitable services until the end of the trip without additional costs for the consumer, as well as to pay any difference in price between contracted and provided services.
If the provision of the service is not possible, or the consumer does not accept the service for justified reasons, the Organizer is obliged to compensate the consumer for the costs that are a consequence of the change after departure for the trip, as well as to provide a free return by suitable means of transport to the place of departure or another place agreed upon with the consumer.
If the Organizer does not provide the consumer with services or if he does not provide a free return with a suitable means of transport to the place of departure or another place agreed with the consumer, the consumer can:
- Obtain other appropriate services at his own expense and,
- Make a return with a suitable means of transport to the place of departure or another place agreed with the Organizer.
During the trip, the Organizer reserves the right to change the day or time of the trip, as well as the right to change the travel route and the necessary changes to the Program if the conditions for the trip change (changed flight schedule, forced landing, malfunction means of transport, 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 the possible additional costs of changing the Program. If during the execution of the contract on a tourist package-arrangement there are changes in the arrangement, and the consumer decides to terminate the contract on a tourist package-arrangement, in that case, the consumer bears only the actual costs of the agency’s services performed until the moment of cancellation of the arrangement.
The Organizer is released from the fulfillment of the Agreement if the Traveler interferes with the implementation of the trip due to rude and improper behavior, regardless of the issued warning. In that case, the traveler has the obligation to compensate the organizer for any damage caused.
In the event of the occurrence of extraordinary circumstances during the trip that could not be foreseen 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.), the Organizer does not assume any responsibility. The Organizer does not assume any responsibility if the Passenger refuses the offered return by the provided means of transport.
The organizer is obliged to compensate the consumer for the costs caused by the termination of the Agreement, except in the case of:
- Termination of the Agreement due to an insufficient number of registered passengers, if before the conclusion of the contract he informed the consumer that the execution of the trip is conditional on the number of registered passengers and that the deadline for notifying the consumer of the termination cannot be shorter than five days from the day of the start of the trip and,
- The termination of the Agreement due to the impossibility of fulfillment contractual obligations for which the contracting parties are not responsible, whereby a large number of registered passengers is not considered as impossibility of fulfillment.
12. CANCELLATION OF THE CONTRACT BY THE PASSENGER:
5% if the trip is canceled up to 45 days before the start of the trip,
10% if the trip is canceled from 44 to 30 days before the start of the trip,
20% if canceled 29 to 20 days before the start of the trip,
40% if canceled 19 to 15 days before the start of the trip,
80% if canceled 14 to 10 days before the start of the trip,
90% if canceled 9 to 6 days before the start of the trip,
100% if canceled 5 to 0 days before the start of the trip or during the trip.
Exceptionally from the above, the following cancellation scale will be applied:
a. with ship cruises
5% and at least EUR 60.00 up to 91 days before the start of the trip,
15% from 90 to 45 days before the start of the trip,
30% from 44 to 29 days before the start of the trip,
50% from 28 to 15 days before the start of the trip,
80% from 14 to 7 days before the start of the trip,
95% from 6 to 3 days before the start of the trip,
100% on the day of travel, non-arrival or cancellation during the trip
b. for recreational vacations for preschoolers, classes in nature, school and student excursions if the entire contract is canceled
5% if the trip is canceled up to 120 days before the start of the trip,
20% if canceled from 119 to 90 days before the start of the trip,
50% if canceled from 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 canceling a plane ticket reservation
When canceling or changing the date of an issued airline ticket, the cancellation conditions determined exclusively by each airline, according to its rules and tariff conditions, apply.
d. for trips marked as intercontinental (America, Asia, Africa, Australia, Middle and Far East…), the following cancellation conditions will apply due to the strict policy of airlines and hotels:
-5% if the trip is canceled 120 days before the start of the trip,
-20% if canceled from 119 to 90 days before the start of the trip,
-50% if canceled 89-60 days before the start of the trip,
-80% if canceled from 59 to 45 days before the start of the trip,
-100% if the trip is canceled 44 hours before the start or during the trip
Changing the agreed place, date of travel, means of transport, accommodation facility, accommodation unit, failure to obtain a visa, non-payment of the agreed price, etc., is considered the cancellation of the trip by the passenger.
The traveler is obliged to compensate the Organizer only for real, i.e. incurred costs (costs of transportation, accommodation, travel organization, etc.), if the cancellation occurred due to: sudden illness of the passenger, spouse, child, parent, brother or sister of the passenger, adoptee and adopter, death of the passenger, spouse, child, parent, brother or sister of the passenger, adoptee and adopter, call for military training of the passenger or natural disaster or state of emergency officially declared by the competent authority of the country of travel.
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 from the selected doctor in the field of general medicine, i.e. discharge list from a stationary health institution that expressly confirms sudden illness and inability to travel), i.e. death certificate , that is, a call for a military exercise. 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 the country of travel cannot be considered justified reasons for the cancellation or interruption of the Traveler’s trip. Sudden illness means a sudden and unexpected illness diagnosed by an authorized doctor, i.e. 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 makes it impossible to start – use 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 passenger in the total amount, after deducting only actual and incurred expenses. In case of replacement of passengers, the organizer is obliged to conclude a contract with the new passenger.
In the event of cancellation of a trip covered by an insurance policy, the traveler obtains his right directly from the insurer.
In case of withdrawal from the Agreement, 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.
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 get compensation from the service provider for the unused services. If the service provider does not return the money, the Passenger is not entitled 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.
The organizer is obliged to implement the arrangement in the manner agreed upon.
In the event that the arrangement is not implemented in accordance with the Agreement, the consumer may request the Organizer to remedy the deficiencies within a reasonable period of time.
If the Organizer does not remedy the deficiencies in the implementation of the Agreement within a reasonable period of time, the consumer may terminate the agreement.
The consumer/passenger is not obliged to leave the Organizer an appropriate deadline for eliminating defects in the implementation of the Agreement, if:
- Provision of another appropriate service is not possible or if the agency expressly refuses to provide another appropriate service and,
- Has no interest in eliminating deficiencies in the implementation of the contract.
The organizer shall bear the costs of returning the consumer/passenger to the place of departure or another place agreed upon with the consumer and other costs incurred due to the termination of the Agreement.
13. INSURANCE AND TRAVEL GUARANTEE:
Travel insurance is not included in the price of the trip. The organizer advises taking out travel cancellation insurance, travel liability 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 travel conditions and obligations from the insurance contract. Insurance premiums are not an integral part of the travel price and are due immediately upon conclusion of the insurance contract. By signing the contract, the Traveler confirms that he has been informed and directed to provide a full insurance package.
The full 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 the traveler has to pay the costs of possible treatment himself. The organizer has obligations established by the laws on tourism of the entities (RS and FBiH) as well as the relevant laws on tourism of the cantons.
14. ASSISTANCE, COMPLAINT, SUIT 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 a complaint and to ensure the presence of a person authorized to receive complaints during working hours.
The travel organizer is obliged to keep records of complaints received, and to keep them for at least two years, from the date of submission of the passenger’s complaint.
The passenger is obliged to make a justified written complaint without delay on the spot with the local representative of the Organizer, and in urgent cases, if the latter is not immediately available, to the direct service provider (e.g. carrier, hotelier, etc.) or if these persons are not listed in the travel documents, directly to the Organizer.
The Organizer and the local representative of the Organizer are obliged to without delay:
a) Responses to consumer complaints during the trip and,
b) Remove any deviation from the Agreement that the consumer indicates.
In the event that the deviation from the Agreement pointed out by the consumer is not eliminated during the trip, the consumer has the right to demand a proportional reduction in the price.
If a deviation from the Agreement pointed out by the consumer/traveler, which was not removed during the trip, represents non-fulfillment or partial fulfillment of the contractual obligation in terms of its scope or quality, the consumer may demand from the agency the return of the funds paid under the Agreement. The consumer/passenger cannot request a price reduction if he/she negligently fails to point out discrepancies between the provided and contracted services.
For help, emergencies and other cases, as well as complaints, the Traveler can contact the Organizer. 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 he can be contacted.
The traveler is obliged to cooperate in good faith and patiently wait for a time frame of 24-48 hours for the justified complaint to be resolved on the spot (e.g. refrigerator failure, power or water outage, poorly cleaned apartment, etc. deficiencies) and accept the offered solution that suits contracted service.
If the cause of the complaint is not eliminated on the spot, the Traveler and the organizer’s representative draw up a written confirmation of this in three copies, which both parties draw up and sign. The passenger keeps one copy of this certificate.
If the cause of the complaint is eliminated on the spot, the Passenger is obliged to sign a confirmation of the same, otherwise the fact that he continued to use an adequate alternative solution is considered that the Program has been completed in its entirety.
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 Agreement 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 deficiencies 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, the request by types of unperformed services factually specified and quantified in relation to each individual passenger, witnesses and other evidence) and request the refund of the price difference between contracted and unperformed or partially performed services. Each passenger who signs the contract in his own name and on behalf of the person from the contract or a person with a proper power of attorney, 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.
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 Passenger, whose cause could not be eliminated during the trip on the spot, and to issue a written confirmation to the Passenger or confirm receipt of the complaint electronically, i.e., communicate the number under by which his complaint was filed in the record of complaints received.
The organizer is obliged to provide the traveler with a written answer and pay the difference in price within 8 days, starting from the day of receipt of the proper complaint. 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 passenger a response to edit it within the given deadline under the threat of failure.
In accordance with good business practices, the organizer will respond to the passenger within the legal deadline even for untimely, unfounded or disorderly complaints.
The reduction of the price following a passenger’s complaint can only reach the amount of the advertised and unperformed part of the service, it cannot include already used services, nor reach the amount of the entire contracted price. The amount of compensation, which is paid upon a justified 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.
To the organizer regarding the disputed relationship, regardless of the fact whether he signed a written confirmation about it refund with a clause on the final resolution of mutual dispute relations. It will be considered that the refund of the difference in price to the traveler has been made and an agreement reached with the traveler in accordance with the law, these General Terms and Conditions or the General Terms and Conditions of the Travel Organizer (in the case of mediation) when the Organizer has offered the traveler a realistic price difference for inadequately provided services, in in accordance with the price list of the direct service provider that 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.
The organizer is not responsible for omissions, i.e. for damage caused to the Traveler by the immediate parties of service providers who respond in accordance with the regulations that apply to them, if he acted as careful The organizer when choosing the persons who performed those services.
Any request by the Traveler to initiate a procedure before other persons before the expiration of the deadline for resolving complaints will be considered premature, as well s informing the public media and the media in violation of the Agreement.
15. TRAVEL PROGRAM ON PASSENGER REQUEST AND INDIVIDUAL SERVICES:
The provisions of the previous clauses of these General Terms and Conditions apply analogously to the Program upon request, unless otherwise regulated by this clause.
If, at the request of the Traveler, several individual services from the Organizer’s offer are combined and contracted (e.g. flight and round trip, etc.), the cancellation fee is calculated per individual service and added up at the end. The traveler has the right to withdraw from the Agreement, which he is obliged to inform the Organizer in writing. The date of written cancellation of the Agreement is the basis for calculating the compensation that belongs 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:
5% if the trip is canceled up to 120 days before the start of the trip,
20% if canceled from 119 to 90 days before the start of the trip,
50% if canceled from 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.
For individual and “reservations on request”, the Traveler places a deposit for the cost of the reservation, which cannot be less than EUR 50 in convertible marks at the official exchange rate on the day of payment. If the reservation is accepted by the Traveler, the deposit is included in the price of the service. If the Organizer does not confirm the reservation within the agreed period, the deposit is fully returned to the Traveler. If the Traveler does not accept the offered or confirmed reservation, which is fully in accordance with the traveler’s requirements, the Organizer retains the entire amount of the deposit.
The organizer, except for 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, tickets for sports events, excursions, car rental, etc.). By obtaining proof of the contracted individual service, the contractual relations come into force exclusively between the Traveler and each individual service provider.
The following cancellation scale applies to individual tourist services, unless otherwise agreed:
a. for hotel accommodation:
5% if the trip is canceled up to 120 days before the start of the trip,
20% if canceled from 119 to 90 days before the start of the trip,
50% if canceled from 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.
b. for apartment rent per unit:
5% if the trip is canceled up to 120 days before the start of the trip,
20% if canceled from 119 to 90 days before the start of the trip,
50% if canceled from 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. when renting camper vans and motorbikes:
5% if the trip is canceled up to 120 days before the start of the trip,
20% if canceled from 119 to 90 days before the start of the trip,
50% if canceled from 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.
d. renting a Rent a Car vehicle:
The passenger fully accepts the General terms and conditions for renting a vehicle, which can be found on the back of the standard Vehicle Rental Agreement. If the vehicle rental contract does not stipulate otherwise, the following rules apply:
Reservations and confirmations are valid only for the reserved vehicle category, never for a specific model. The agencies reserve the right to make available to clients the same or more expensive vehicle than the one reserved, which cannot be a reason for making a request for compensation for damages, e.g. due to increased fuel consumption. Vehicle rental is charged upon completion of the service.
As a rule, it is necessary to reserve funds on the spot, i.e. leave a security deposit. In the event of a traffic accident, damage or theft of the rented vehicle, the security deposit is retained as a co-payment.
In the following cases, the Passenger’s responsibility is exclusive for: damages caused by non-compliance with the rental conditions; gross negligence or drunk driving; damage to the oil sump or to the vehicle’s undercarriage; incurred expenses for hotel, telephone or transportation; loss or damage of keys; expenses for personal belongings, which were damaged in a traffic accident or stolen from the vehicle; complete tire damage. In case of damage to the vehicle on the spot, the Passenger is obliged to: immediately notify the police and make a police report on the accident and damage and immediately notify the car rental agency. The agency and the insurance company cannot recognize either partial or total damage to the vehicle if the authorized driver was driving under the influence of alcohol, drugs, etc. The policy provides for the Passenger, as well as another authorized driver in accordance with the provisions of the general insurance conditions and the Rental Agreement. The mandatory insurance policy by law only covers injury and/or death of a person (passenger) and damage caused to a third party and his property. The following documents are necessary in order to accept the damage and refund the co-payment: police report and damage report; a copy of the rental agreement; proof of deposit payment (bill of the rent a car agency or credit card statement); original keys and vehicle license. The airport service fee for vehicle rental started at the airport is paid in the amount of 10% of the value of the Rental Agreement. The fee for taking over or delivering the vehicle outside the agency’s location in the country, as well as abroad, is a separate fee. With a rented vehicle, the Passenger can travel abroad under special conditions and special agreement of the agency.
The cost of fuel used for the vehicle during the rental period is paid by the Passenger. Seats for children, snow chains, etc. at the Passenger’s request, they can be provided for an additional fee.
The passenger confirms that his personal data entered in the vehicle rental contract are authentic and that he agrees that they may be transferred to third parties in order to establish his identity and financial credibility.
e. other individual services:
Reserved individual services such as tickets for concerts, opera, theater, balls, tickets / stamps for transport (e.g. metro, train, bus), ferry tickets, ski pass, sightseeing, museum tickets and individual transfers, etc. in case of possible cancellation, the Passenger will be charged costs equal to the contracted price of each individual service.
In the case of a contracted individual transport service, in case of a timely cancellation, already received tickets for regular flights, train tickets or ferry tickets must be returned, because otherwise full prices must be charged.
In the event that the Holiday Traveler has reserved an apartment, the Organizer warns of the possibility that the lessor, upon handing over the holiday apartment, may ask for a suitable deposit for incidental costs and possible damage.
16. PROTECTION OF PERSONAL DATA OF PASSENGERS:
The personal data of the passenger, which he provides voluntarily, is a trade secret of the Organizer. The traveler agrees that personal data may be used by the Organizer for the realization of the agreed travel program, 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.
17. OBLIGATION OF APPLICATION:
The organizer may, in the Program or in the Special Conditions of Travel, foresee different provisions in relation to these General Conditions of Travel, due to special cases and rules of direct service providers, as well as for trips with special contents (due to the holding of sports, congresses and similar international manifestations and special types of tourism – school , hunting and fishing, extreme sports, etc.) and which form an integral part of such Agreements.
The ineffectiveness of individual provisions of the Agreement does not result in the ineffectiveness of the entire Travel Agreement, which also applies to these General Terms and Conditions.
In case of initiation of a court case, the Court in Zenica is competent.
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Bosnia and Herzegovina
Bosnia and Hercegovina which has been populated for more inhabited centuries is the heart-shaped land that lies in the heart of southeast Europe. It is here that eastern and western civilizations met, sometimes clashed, but more often enriched and reinforced each other throughout its long and fascinating history. Culture through the centuries can be visited today as a living museum through the architecture, traditional dress, stone carvings, pottery and jewelry, and sacral places.
There are many fascinating destinations throughout Bosnia and Herzegovina for every type of tourist. In Bosnia and Herzegovina, one gets the best of both worlds. Here, the most interesting and attractive sites are a wonderful mix of this tiny country’s cultural and natural heritage. It is almost impossible to separate them, for it is from this pristine nature that its cultures and traditions evolved.
Explore with us the somewhat forgotten country of Southeast Europe, its history, its peoples and customs, experience its untouched nature – entrust us with the organization of your vacation and discover the undiscovered.
© 2024 – Otkrij Tours ISU d.o.o.
© 2024 – Otkrij Tours ISU d.o.o.