Terms and Conditions
The director of ” Rustika Travel Ltd. “Uzun Mirkova Street 5/6, on the basis of the Law on Tourism in Article 56 (“Sl. glasnik RS”, “No. 36/2009), on 01. June 2011 determined the following:
GENERAL TERMS AND CONDITIONS
The provisions of these GENERAL TERMS AND CONDITIONS are an integral part of the travel contract between the passenger and ”RUSTIKA TRAVEL” Ltd. as the tour operator and are binding on both parties, except the provisions defined in a separate written agreement or in the travel arrangement.
1. BOOKING, PAYMENT AND AGREEMENT – Traveler can apply for travel, organized by ”RUSTIKA TRAVEL” ltd.(further organizer) in all organizer branches and other authorized agencies (further mediator). If a mediator does not specify an intermediary in the contract-travel certificate theywill be responsible for the execution of the program as anorganizer. Travel registration becomes valid by a written contract-confirmation of the trip (further contract). Signing the contract, thetraveler confirms his agreement with the General Terms & Conditions of travel and travel arrangement, as well as Insurance, which are an integral part of the contract. The traveler is obliged to pay in advance 50% of the price of the travel arrangement, and the remaining balance30 days prior to travel, unless the travel arrangements define otherwise. If the traveler does not make the payment in full, it is considered that the journey is canceled in accordance with Section 10 General Terms & Conditions. Signing the contract by one traveler confirmsthat all other travelers in the contract accepted these general terms and conditions of travel and payment in advanced defined as payment for all travelers (not just for one particular traveler).
2. DUTIES AND RIGHTS OF THE ORGANIZER -The organizer is required to conclude the contract with traveler, travel arrangement made available for traveler, as well as General Terms & Conditions, and to inform the traveler about travel insurance; accordance with good business practices, the organizer should protect the rights of travelers; in case of reasonable written, timelycomplaints-complaints of travelers in accordance with the law, the organizer should refund difference between the contracted price and travel arrangement price reduced in proportion to non-execution or incomplete execution of services, the General Terms & Conditions of ”RUSTIKA TRAVEL” ltd unless the failures in the execution of the travel arrangement emerged by the traveler fault, or third party which has not been organizer of direct implementation of the itinerary, emergency activities or force majeure events in which the organizer has no influence and whose consequences are unavoidable despite the implementation in spite of due care or other events, the organizers could not be foreseen and overcome.
3. TRAVELER RIGHTS AND OBLIGATIONS – Traveler have to be familiar with the travel arrangement, the General Terms & Conditions, insurance terms and concluding the contract (on its own behalf and on behalf of users for which it made a contract) confirm and fully accept; Pay the agreed price under the conditions, deadlines, and in the manner specified in General Terms & Conditions and travel arrangement, submit all information and documents required for travel arrangements to the organizer on time, particularly for the provision of transport tickets, reservations and accommodations, guarantees that he, his papers, baggage, etc. meet certain requirements of our regulations, transit and destination country (border, customs, sanitary, monetary and other regulations) and provide the appropriate travel insurance, pays compensation for the damage cause to the organizer, or violation of third party legal and other regulations and these conditions; designate another person to travel instead (provided that the person meets the requirements set for a specific journey) and refund the actual costs caused by the replacement of the traveler; justified complaint notify on-site without delay to the organizer.
4th PRICE AND TRAVEL ARRANGEMENT CONTENT – The prices are usually expressed in foreign currency and the calculation of payment is made in RSD by selling rate Commercial bank of the organizer on date of payment, unless travel arrangement is otherwise provided. Prices are established based on business policy of the organizer and could not be subject to objections or complaints. Services performed abroad (outside of travel arrangement) are paid on the spot to the foreign business partner. The organizer can provide that service used exclusively abroad, travelers pay directly to foreign business partner.
Price of trip includes a combination of at least two or more of the average quality of services, the usual for a given destination, such as: transportation, accommodation, food preparation and organization of travel, which is contracted and traveler pays for (further standard services). The price, if something else is provided in the travel arrangement or specifically agreed, does not include expenses: airport taxes, tour guide-escort, local guide, optional programs, use of sun beds and parasols, obtaining visa, ticket facilities, security of passengers and baggage service, room service, use the room bar, air conditioning, recreational, medical, telephone, etc. services, costs of accommodation in single rooms, rooms with special features, additional meals, etc. (further special services).
The conditions that are related to the discount for children as well as other benefits, which are provided in the travel arrangement are determined by direct service providers and they should be interpreted restrictively (e.g. for children under two years old, is relevant calendar date when the child turns two years, and nothing beyond that during the trip).
All kind of services that are not provided in travel arrangement thetraveler must specifically order in writing before the conclusion of the contract. The mediator has no authority to conclude or accept on behalf of the organizer special services, which are not provided in the travel arrangement, unless specific written consent of the organizers.
The organizer cannotbe responsible for traveler subsequently made optional services organized by foreign business partners. The first and last day established in travel arrangement do not include all-day care and service in the accommodation facility or destination. Time-exact hour of departure or arrival of traveler to the accommodation facility is conditioned by the procedures at borders, road conditions, permits the competent authorities of the flight, and others that the organizer could not influence, and therefore the reasons may not be the basis of complaints-complaints of travelers. The first and last day of the travel arrangement are designed for travel (and when it includes another form of transportation, the trip can last several days) and does not mean an accommodation at the hotel or place of destination but means only a calendar day of beginning and finishing the travel, the traveler has no right to object or claim for evening, late night or early morning flight, entering the room late in the evening, leaving the hotel early in the morning, etc.
For ”flight arrangements” agreed time is originally published departure time by the airline, travelers have to be at the airport at least two hours before departure. In the case of flight time changes, the organizer is not responsible, but mustapply existing regulations and requirements in the field of air transport. As a rule departure/arrival time for charter flights is in the late evening or early morning hours, the meal served during flight will replaced meal in the accommodation facility and this is considered that the travel arrangement is fulfilled in its entirety.
5th PRICES CHANGES AND TRAVELER RIGHT TO CANCEL – The organizer may require increasing the contract price after concluding the contract before the trip in case of currency exchange rates changesor a change in the carrier tariffs in cases prescribed by law, but only the part of the services that are not paid. The organizer can increase the total contract prices up to 10% without the consent of travelers. If increasing the total contract price exceeds 10%, the traveler may cancel the trip in writing to terminate the contract without any compensation, but no later than 48 hours from the submission ofthe written notice of increase in prices, in that case the traveler shall be entitled to a refund of what is paid to the organizer within 8 days after the date of submission of written evidence of cancellation. If the traveler fails to notify the organizer in writingto withdraw from the contract, then they shall be deemed to have agreed with the new price. Published package price discounts may not apply to contracts already concluded and may not be the basis of any objection to the passenger-complaint to the organizer.
6th CATEGORIZATION AND SERVICE DESCRIPTION– The accommodation facilities and means of transport and other services described according to the official categorization of the domicile country at the time of publication of the itinerary, are different and not comparable between destinations, even within the same destination. Food, comfort and quality of service depends primarily on the package price, chosen destination, and the categorization of certain local-national law and are out of control and influence of the organizer. All services listed in the travel arrangement include average quality standards, common and specific to certain destinations and places and if the traveler does not arrange for special services – additional features and quality, there are no grounds for complaint.
7th ACCOMMODATION, FOOD AND TRANSPORTATION – If a traveler has not been explicitly agreed accommodation of special features, traveler will accept any officially registered accommodation unit in the accommodation facilities described in its program, regardless of the characteristics of passengers, the location and position of the building, floors, noise, parking and other conditions. Arranged accommodation can be replaced in places of the same or higher category paid by the organizer. The traveler is obliged to accept a change of accommodation to another object of the same or higher category at the agreed place of accommodation. Accommodation in the lower categories can be made only with the consent of the passenger and the passenger will be refunded the difference in price in proportion to the reduced category accommodation facility.
The traveler assumes an obligation to know and respect the rules of conduct in the accommodation facility and in particular of: depositing and keeping money, valuables, consuming food from outdoor inside of accommodation facility, to respect check in and check out time, the number of people in the room and others. The traveler is not entitled to a refund of cost of hotel services or cost of transportation because of his own initiative toleave the accommodation facility.
The traveler is required by the border authorities to provide proof of all of their valuables, which theyhave on them, the same shall be held in the safe box or at the reception in accommodation facility and only those valuables can be the subject of the compensation. The organizer is not responsible for loss of valuables, or any other damages on that basis or for damages caused due to non-compliance of rules and customs. The diversity, quality of food and nutrition services depends largely on the amount of the package price, and accommodation categories, destination and local customs, whether serving a buffet or menu. ALL INCLUSIVE service or ALL INCLUSIVE LIGHT includes hotel services by internal rules and may not be identical in other accommodation facilities or within the same accommodation categories hotel at the same destination. These rules and standards for accommodation, as well as rules, principles and rules of the carrier must be observed during the implementation of the itinerary.
Non-compliance of personal data provided to the organizer with the passport data of traveler (passenger names, etc.) may result in printing a new ticket, the costs, or even a declaration as irregular, for which the consequences areborne by the traveler. The traveler is responsible for their plane ticket from the moment it is delivered to the airport or to the agency. There is no possibility of issuing a duplicate ticket, or boarding pass. The traveler shall bear the full responsibility of their loss or disappearance during the trip.
Bus and bus transfers are carried out according to standard tourist buses regulations and criteria in the country in which tourist bus is registered, engaged by the organizer.
The traveler has the obligation of tranquility of conduct during transportation. If the traveler is under the influence of alcohol, drugs or inappropriate behavior – the organizer has the right to not accept the transport or in the presence of the police to remove the traveler from the vehicle, and further transport to the destination will not be the obligation of the organizer, and if a passenger fails to appear to the hotel because he is removed from the vehicle, the Organizer will apply cancellation scale according to Article 10. in General Terms & Conditions. In the vehicles is prohibited smoking, consuming drugs or alcohol. The traveler must not disturb with his behavior officials on the bus – the driver and travel guides, otherwise they will be immediately removed from the vehicle. Road direction, pauses, place and length of their duration is determined by guide or driver. The guide and driver have the right, because of unavoidable circumstances, to change the schedule, itinerary or order of visits to the site. The traveler has the obligation to accept any offered place in different means of transportation. Transfer of luggage from the parking to the accommodation facility is the obligation of passengers (transport will be as close as possible to the accommodation facility). If the transport of luggage from the parking to the hotel is organized by the hotel, the organizer is not responsible for any loss or damage. For any loss of personal traveler’s possessionsin the bus, the organizer is not responsible. Passenger duty is to clearly mark the luggage with personal data and do not leavetheir personal belongings in the bus (the Organizer is not responsible for their disappearance). The organizer has the right to hire any types of transport that meet the conditions stipulated in the regulations on touristic buses (mini-bus, bus or double Decker) without prior information on the type of bus to travelers. The traveler is obligated to pay all costs incurred during transport or in accommodation facility on the spot.
8th PASSPORTS AND DOCUMENTS, CUSTOMS, CURRENCY AND HEALTH REGULATIONS – Organizer is not responsible and is not obliged to inform foreign traveler on the requirements (visa, customs, health, etc.), which are valid for the destination country or transit country. It is the responsibility of the foreign traveler to inform the competent consular post and provide all required documents on time. The organizer is not responsible for the irregularity of travel documents or if the border or immigration authorities refuse entry, transit or further stay for the traveler. If the traveler during the trip loses their passport or itis stolen, thetraveler is obliged to bear all costs in providing a new one on time and pay all possible adverse consequences on that basis. If travel could not be realized from the foregoing reasons, the provisions of Article 10. of these General Terms & Conditionsapply.
The passenger is obliged to strictly respect the customs, foreign exchange and other regulations of Serbia and countries in transit and in case of inability to continue the trip, all the consequences and costs shall be borne by the traveler.
9th THE ORGANIZER’S RIGHTS TO CHANGES AND CANCELLATION– The organizer may cancel the contract in whole or in part, in the event of extraordinary circumstances that existed at the time of publication of the travel arrangement were a legitimate reason not to publish the travel arrangement and does not conclude contracts in the event of insufficient number of passengers and other objective circumstances, shall inform the travelers at least 5 days before the scheduled start of the journey, provided that the passenger refund of funds paid in full no later than eight days from the date of termination. If in the travel arrangement is not specifically mentioned, in order to realize the journey, the smallest number of registered passengers should be: to travel by bus 30 passengers, to travel on scheduled air routes in Europe 20 passengers, to travel on intercontinental air lines 15 passengers, to travel on a specially arranged air charter flights, trains or hydrofoils at least 80% occupancy.
In the case of complete withdrawal of travel arrangement the organizer will strive to offer the traveler an alternative travel arrangement for the same or another destination, which the traveler, within 24 hours shall accept or reject in written. In case of accepting the new travel contract the traveler will waive any claim on any legal basis against the organizer, based on the original contracts. The organizer reserves the right to change the days or hours of travel, as well as right to change the travel itinerary in circumstances like (flight schedule changed, the security situation, basic disaster or other extraordinary and objective circumstances and force majeure) without paying for any damages or other compensation to the traveler. In these cases, the organizer shall bear the costs of any additional changes to the itinerary. If the journey for any reason terminate, the organizer is entitled tocompensate for actual services rendered.
10th ABANDONMENT OF PASSENGERS TRAVEL – The passenger has the right to withdraw from the trip, which requires informing the organizer (travel agency) in writing. Date of receipt of written cancellation is used to calculate the fee forfeited to the organizer. The organizer of the total package price reserves (if the travel program is not otherwise specified):
– 5% if the trip is canceled 45 days prior to travel (timely notice);
– 10% if the trip is canceled from 44 to 30 days before the agreed departure;
– 20% if the trip is canceled 29 to 20 days before the agreed departure;
– 40% if the trip is canceled 19 to 15 days before the agreed departure;
– 80% if the trip is canceled 14 to 10 days before the agreed departure;
– 90% if the trip is canceled 9 to 6 days before the agreed departure;
– 100% if the trip is canceled 5 to 0 days before or after the trip.
If the passenger changesthe agreed place and date of travel, accommodation facility, accommodation units, or does not geta visa on time or does not get a visa at all, itshall be considered as abandonment of passenger travel. The passenger is obliged to reimburse only the actual and committed costs to the organizer if the cancellation was due to: illness or death of traveler, spouse or relative of the first order of succession, sibling, or call for a military drill or officially declared disasters. In these cases the traveler is required to submit proof that the organizer is entitled to the rights of health insurance on the basis of temporary incapacity for work (confirmation of selected doctors in the field of general medicine), or death certificate, or call for a military exercise. It can not be considered valid reasons for travel cancellation or interruption in cases of local terrorist attack, explosion, disease, epidemics and other diseases, natural disasters, for which no state of emergency is declared by the competent authorities.
Sudden illness means, authorized by the physician, found a sudden and unexpected illness, or infectious disease or organic disorder that occurs after the conclusion of a journey and not related to or due to some previous health condition, and such a nature that requires special treatment, hospitalization and prevents the start of the contracted trip.
11th BAGGAGE – Baggage transport to a certain weight determined by the air carrier, is free. Excess luggage prices must be paid in accordance with the applicable carrier. Special cargo luggage from airport to hotel and back is to be managed by travelers themselves. It is recommended that gold, valuables, technical instruments or medicines, are carried in hand luggage only.
12th INSURANCE – The tour operator is obliged to inform travelers about the possibility of providing health insurance policy during their stay in the country of destination. It is recommended to provide a health insurance policy for the specified travel arrangement. By signing the travel arrangement confirms that the traveler was offered a travel insurance package.
According to the Tourism Low the organizer is obliged to provide the following travel guarantees:
1. For necessary expenses of lodging, meals and return of the travel from travel in to the place of departure in the country or abroad due to the insolvency of the organizer:
Insurance policy no. 210322 valid from 01.06.2011. the MILLENNIUM INSURANCE insurance company from Belgrade, Knez Miloš str.82.
In this case the traveler at the time of travel must contact the insurer as soon as possible, on the phone number 00381 (0) 113 620 623 or by an e-mail email@example.com. The traveler is obliged to submit to the Organizer and the insurer his contract number, place of travel, accommodation facility name, traveler name, address and telephone number through which he can be contacted at the place of current residence.
2. For compensation to the traveler caused by non-performance, partial fulfillment or undue performance of agreed travel arrangement by the Organizer, in accordance with General Terms & Conditions and travel arrangement, as follows:
Insurance policy no. 210323 valid from 01.06.2011. the MILLENNIUM INSURANCE insurance company from Belgrade, Knez Miloš str.82.
In this case the traveler’s rights for compensation can only be realized on the basis of a valid and enforceable court verdict or a decision by the arbitration of consumer disputes out of court decisions in accordance with General Terms & Conditions and General Terms & Conditions of YUTA.
By signing this Agreement the traveler confirms that he has read and understood the General Conditions of Insurance and that he fully accept it.
13th OBJECTION AND PASSENGER COMPLAINTS – The method and conditions of complaints and resolving complaints of passengers:
The passenger is obliged to inform immediately any justified complaint to the local representative of the organizer, and if this is not available directly to the organizer and direct service providers (e.g., carrier, hotel, etc.) Cooperate in good faith to solve the problem and accept the offered solution that corresponds to the contracted service.
The passenger is obliged to cooperate in good faith and patiently wait 24 to 48 hours to remedy the complaint justified.
If the cause of the complaint was not solved on the spot, the traveler and the representative of the organizer or the service providers shall make a written certificate in duplicate signed by both of them. The traveler keeps a copy of this certificate. If the cause of the complaint has been solved on-site the customer is obliged to sign a confirmation of the same, otherwise the fact that the traveler is using the offered solution considers that the travel program is executed in full.
If the deficiencies are not corrected on the spot, the passenger is required within 8 days after the agreed date of completion of travel, only to the organizer, providea reasonable and documented written complaint (the complaint receipt, receipts of payment of additional costs, the demand by type of outstanding service, make concrete facts and quantify them in relation to each passenger individually and other evidence) and request refund of the difference in price. Each passenger who has signed the contract ontheir own behalf and on behalf of persons under the contract or the person with regular power of attorney to represent the individual must file a complaint, because the group complaint will not be considered.
The organizer is obliged to consider into proceedings only timely, reasonableand documented complaints, which could not be solved at the time of the travel.
The organizer is obliged to provide the passenger with a written response within 15 days, or within 15 days to pay the difference in price to the traveler, all from the date of receipt of the proper complaint.
If the complaint is incomplete the same should be completed. The organizer can delay the deadline until the traveler is not required to submit to the organizer complete complain but not later than 8 days from response of the organizer. Otherwise the organizer will provide a response based on passenger available documentation latest within the next 7 days. The organizer, in accordance with good business practices, and legal deadline will inform travelers about the complaints that are untimely and unfounded.
According to passengers’ complaints difference in price can reach the price of non-performance of services, but will not include services already used, or the overall cost of travel arrangement.
If a customer accepts the proposal of the organizer and receives a payment difference in price, thenthey are obliged to sign a withdrawal slip with a clause that the travelerhas no further claims for a refund of the difference in price. “It will be considered that the refund of the difference in the price is done in accordance with the law and these General Terms & Conditions, when the organizer has offered a real difference in price for the inadequate provided service and traveler accepted the offer. The traveler renounce all further claims related to the complaint.”
14th INDIVIDUAL TRAVEL ”ON REQUEST “- For individual travel “on request” traveler must pay for the costs of booking in deposit not less than 50% of total amount. If the reservation is accepted by the traveler, the deposit is included in the package price. If the organizer does not confirm the booking, the deposit is fully refundable to the traveler. If the traveler does not accept the offered or confirmed booking, the organizer reserves the deposit in full.
15th TRAVELER PROTECTION OF PERSONAL DATA– The traveler’s personal data are confidential. The traveler agrees that personal data can be used by the Organizer to implement the agreed travel arrangement and promotional activities of the organizer, the address, location, time and cost of travel and the names of companions from other persons, except persons with special authority.
16th MANDATORY OF APPLICATION – The organizer can provide more favorable conditions for traveler with travel arrangement or with General Terms and Conditions, in extreme cases can provide less favorable conditions for travelers in terms of timing, amount of compensation in case of traveler cancellation and the amount and terms of payment.
The provisions of these General Terms & Conditions are an integral part of the contract between the organizer and the travelers and binding on both parties, except the provisions which are more favorable for passengers, defined by contract or travel arrangement.
On all matters not covered by the General Terms & Conditions of “RUSTIKA TRAVEL” Ltd. apply the provisions of the Law on Tourism, the Law on Obligations and Consumer Protection Act.
In case of litigation the competent court will be the court in whose jurisdiction is part of country where the organizer business headquarters is, under the lawof the Republic of Serbia.
These General Terms and Conditions apply from 01.06.2011.