General Terms and Instructions for Tourist Travel Arrangements
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GENERAL TERMS
The general terms and instructions are a part of the contract (and sign-up form/voucher or travel document/gift card), which is entered into by TUR SERVIS Ltd. (hereinafter ‘TUR SERVIS’) or an authorized agency, and by the tourist, who is signing up for a particular travel arrangement, a travel plan, a day trip or a holiday (hereinafter ‘programme’). The general terms apply only to the travel arrangements organized by TUR SERVIS unless it is explicitly stated that the terms also apply to the sale of travel arrangements created by other organizers. If a particular programme stipulates an exception to any of the points of these General Terms and Instructions, the statement/stipulation given in the programme applies.
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SIGN-UP
The tourist signs up for the programmes organized by TUR SERVIS at a TUR SERVIS business office or an authorized agency. On sign-up, TUR SERVIS and the tourist enter into a contract (TUR SERVIS provides the tourist with the general terms, which are part of the contract), which also serves as travel confirmation, and includes exact information on a particular programme or refers to a programme in which this information is given. On sign-up, the tourist must provide all the data and documents required by the programme, and pay the sign-up and booking fees. TUR SERVIS charges a sign-up fee of 9.00 EUR per sign-up form (voucher). For sign-ups of up to 200.00 EUR, TUR SERVIS charges a booking fee of 4.00 EUR. On sign-up, the tourist is given a copy of the General Terms, and signs a statement confirming that they have read and understood the Terms, and that they fully agree with them. This makes the stipulations in the General Terms a legal obligation both for the tourist and for TUR SERVIS. If the tourist does not provide accurate information on sign-up, they are liable for any costs/consequences caused by the inaccurate information. The sign-up is binding on the tourist. They can terminate it only in accordance with the stipulations given in the Tourist Programme Cancellation section.
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PAYMENT
The date of payment is considered the date on which the tourist effects the payment at the register or transfers it to the business account of TUR SERVIS. On sign-up, the tourist pays the sign-up fee and makes a prepayment that amounts to 30% of the total price. The tourist pays the remainder of the total price on receiving the travel document or sign-up form/voucher from TUR SERVIS at least 8 days before the trip, or as stated in the programme. If the tourist or their sign-up site fails to effect the payment for the arrangement by the set deadline, their arrangement booking is considered cancelled, and TUR SERVIS follows the stipulations given in the Tourist Programme Cancellation section. The paid sign-up fee and sign-up costs guarantee the tourist participation/a spot in a particular programme, provided that the conditions stated in these General Terms and Instructions for Tourist Travel Arrangements are met.
If a booking “on request” or a “customized” booking is made 30 days before departure, the tourist pays a 20.00 EUR security. If the booking is made between 29 and 1 day before departure, the tourist pays the amount indicated in the stipulations given in the Tourist Programme Cancellation section. Booking on request means that TUR SERVIS does not immediately have the required capacity, and the tourist requests that TUR SERVIS try to secure it especially for them. If TUR SERVIS cannot confirm the booking, the paid amount is refunded to the tourist; if places are available, the tourist effects the payment on receiving a confirmation from TUR SERVIS (the previously paid amount is credited to the tourist on effecting the new payment). If the tourist does not confirm the booking, TUR SERVIS claims the paid amount as booking expenses. On departure, the tourist must provide the Programme Manager with a document attesting to the payment of the programme (sign-up form/voucher/payment confirmation); failure to do so results in the Programme Manager excluding the tourist from the programme. The purchase of a gift card can be done in cash only at any TUR SERVIS business office, and is valid as a method of payment for travel arrangements available at TUR SERVIS business offices.
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PRICES
Travel prices depend on the travel programme, and are valid from the date on which the programme is made available to the public. The travel organizer reserves the right to raise the prices up to 20 days before departure in the event of changes in exchange rates, an increase in transporter charges or other charges (at airports, harbours, etc.), which affect the price of the trip. The higher prices are calculated with the same percentage that caused the increase in the aforementioned elements of calculation.
The consumer has the right to annul the contract on the organization of the trip if the increase in price exceeds 10% of the original price of the travel arrangement. In such case, the tourist is entitled to a refund of the paid amount without the right to compensation for damages and potential expenses related to obtaining visas, insurance, vaccinations, and similar expenses. The organizer must inform the tourist about potential changes in the price of the trip. TUR SERVIS has the right to set a price of a travel arrangement while explicitly stating that the price may be reduced if a particular number of tourists sign up, or if other precisely defined conditions are met. Such a stipulation is by no means a guarantee that the conditions required for the reduction of the price of the travel arrangement will be met, and the tourist cannot withdraw from the contract because these conditions might not be met. Possible discounts and special offer are always mutually exclusive, and are not cumulative. In the event where more than one discount and/or special offer is possible, the tourist selects the discount/special offer they prefer, and for which they qualify.
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SERVICES INCLUDED IN THE PRICE
Unless stipulated otherwise in the programme, the price includes the transportation, hotel and catering services indicated in the programme, including organization. Unless stipulated otherwise in the programme, the prices of the individual programme are prices per person, for double room accommodation. TUR SERVIS is not liable for any damage that the guest may cause to the accommodation establishment or to the transport vehicle.
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SPECIAL SERVICES
Special services are generally not included in the price of the programme (single rooms, special meals, optional extra day trips, etc.) or the programme requires that a supplementary payment be made for them (visas, etc.). Unless stipulated otherwise in the programme, these services are therefore paid separately by the tourist. If special/additional services are made available in a programme, the tourist must request these services on sign-up, and pay a supplement to the price of the travel arrangement. Unless stipulated otherwise in the programme, the published prices of special/additional services are valid only if the latter are requested and paid for on booking a basic programme at a sign-up site. If a special service can be requested during the trip, the tourist may pay a supplement for it to the Programme Manager, the TUR SERVIS representative or the service provider at the time and place where the service is being provided, at a locally valid price and in the appropriate currency.
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TOURIST PROGRAMME CANCELLATION OR MODIFICATION
The tourist has the right to fully or partly cancel the booked trip at any time at the business office where they signed up for it. If the tourist cancels the trip at their own request, they are entitled to be refunded the paid amount. The refunded amount depends on the time at which the tourist cancelled the travel arrangement. If the tourist annuls the travel contract, they must reimburse TUR SERVIS administrative expenses at 15.00 EUR per contract (voucher). The programme cancellation costs depend on the time at which the tourist cancelled their travel contract prior to the point when the service is first provided:
- up to 30 days before the start of service provision – administrative expenses,
- between 29 and 22 days before the start of service provision – 20% of the price of the travel arrangement,
- between 21 and 15 days before the start of service provision – 30% of the price of the travel arrangement,
- between 14 and 8 days before the start of service provision – 50 % of the price of the travel arrangement,
- between 7 and one workday (by 19:00) before the start of service provision – 80% of the price of the travel arrangement,
- on the day of departure or in the event of a no-show – 100% of the price of the travel arrangement, (except in the event of force majeure).
If the tourist withdraws from the contract due to circumstances which could not have been avoided or prevented (force majeure), and which would, if existent at the point when the contract was entered into, constitute a valid reason against the tourist doing so, the tourist must reimburse TUR SERVIS only the actual incurred costs.
The tourist must reimburse TUR SERVIS the actual incurred costs even if they found an appropriate replacement, or if TUR SERVIS did.
The cancellation fees are charged by TUR SERVIS as percentages of the total cost of travel arrangements, regardless of the amount that is paid before cancellation. All bookings and booking modifications are charged 15.00 EUR per voucher.
Where TUR SERVIS is not the organizer of the trip, the programme cancellation fees are determined in the general terms or another document issued by the organizer.
During the trip, the tourist has the right to opt out of it at any point by signing a written statement of termination. If the tourists opt out of the trip during its course, they do not have the right to be either fully or partially refunded the expenses or the purchase price.
If during the trip the tourist changes programmes at their own wish or does not travel according to the programme that is part of the contract entered into with TUR SERVIS, the tourist is considered to have withdrawn from the contract during the trip. In such case, the tourist is liable for any expenses and damage caused by their actions. If the tourist opts out of the trip during its course due to force majeure, they must reimburse TUR SERVIS the actual incurred costs.
If the tourist changes the programme at their own wish without any reasons based in unsatisfactory service provision by TUR SERVIS, they do not have the right to claim any compensation or price reduction.
The tourist may change the name, accommodation, and travel date after entering into the contract, provided that such a change is possible without cancelling the travel arrangement. If the tourist cannot take part in the trip, they can transfer their booking to another tourist who meets the requirements of a particular trip. The tourist must notify TUR SERVIS or the seller about the transfer no later than 8 days before departure. The tourist must reimburse TUR SERVIS the costs incurred directly by the transfer of the booking. If the tourist wishes to modify their booking, TUR SERVIS charges them with administrative costs of 15.00 EUR.
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CANCELLATION INSURANCE
If on booking the tourist believes that they may not be able to go on the trip due to certain circumstances (which may arise in their personal or family life), they may purchase cancellation insurance, which is arranged by TUR SERVIS. All tourists may purchase cancellation insurance for events such as:
death, accidents or unforeseen deterioration of health, which prevent the insured person from travelling
a serious accident or death of any immediate family member, which prevent the insured person from travelling.
The payment for insurance against adverse events is 5% of the total price of the travel arrangement. Regardless of the paid cancellation insurance, TUR SERVIS reserves the right to be reimbursed administrative costs in the event that the tourist cancels the trip (15.00 EUR per referral/voucher). The tourist must notify the agency about the cancellation in writing. If this is not possible, they may notify the agency in spoken form, followed by a notification in writing. When the reason for the cancellation is the deteriorated health of the tourist or of their family member (the family relation must be made evident in an appropriate document), which prevents the tourist from taking part in the trip, they must provide confirmation in the form of a note issued by their general practitioner.
If the tourist does not start the trip on the first scheduled day, and does not cancel the trip, they do not have the right to claim a refund based on paid cancellation insurance. The tourist is considered not to have started the trip/to have withdrawn from the contract when they are not admitted on board (of an aeroplane, ship, bus, etc.) by the transporter for any security or regulatory reasons, whether during the course or at the start of the trip. In such case, the tourist is liable for any damage caused, and cannot claim any refunds based on paid cancellation insurance.
In the event that the tourist who has not purchased cancellation insurance cancels the trip/withdraws from the contract because of a documented force majeure, which could not have been predicted or avoided before the travel contract was entered into, and which is attested to by valid official documents, TUR SERVIS reserves the right to be refunded all incurred costs as well as all costs to be incurred by the cancellation. The difference is given to the tourist.
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TRAVEL DOCUMENTS
The tourists who signs up for a programme which entails a trip abroad must have a valid personal passport, and another valid document that allows them to enter a foreign country. TUR SERVIS provides the tourist with a written (paper) list of general information about travel documents and visas, in a timely manner and before the contract is entered into, with an emphasis on the time required for obtaining them, and including information on health-related formalities required for the trip and the stay at the selected destination. The tourist must obtain all necessary visas for the countries they will travel to before departure or by the deadline given in the programme. In the event that the tourist does not fulfil this obligation, TUR SERVIS considers the tourist to have cancelled the trip. The tourist may contact TUR SERVIS for assistance in the process of obtaining a visa. If the tourist is denied entry into the foreign country or in the event of any other obstacle, all incurred costs are paid by them. The intervention of TUR SERVIS in the process of obtaining a visa is not included in the price of the programme, and must be paid separately. Due to the requirements of international passenger transport (on aeroplanes, ships, buses, etc.), the tourist must provide the agency with the necessary information on all persons that they are signing up for the programme. This information must correspond exactly to the information in the official documents, which all tourists are required to carry in accordance with the regulations on crossing international borders and relevant foreign legislative acts. In the event that incorrect information causes a delay, incurs additional costs or causes the discontinuation of the programme, the tourist bears all related consequences and costs incurred to themselves and all other tourists participating in the programme.
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DOCUMENT LOSS
If in the course of the programme the tourist loses their documents or if the documents are stolen, and if the documents are necessary for the continuation of the programme and/or their return home, the tourist must obtain new documents at their own expense, and consult the Programme Manager or TUR SERVIS representative about carrying out the formalities. They will assist the tourist in resolving the issues caused by the loss of the documents, and offer immediate help. In the event that the tourist must cancel the trip due to the loss or theft of their documents, they are not entitled to a proportional reimbursement for the remainder of the trip.
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CUSTOMS AND EXCHANGE REGULATIONS, APPLICABLE LEGISLATION
The tourist must comply with the customs and exchange regulations, and the applicable legislation of the Republic of Slovenia, as well as those of the countries they are travelling to. If the tourist’s non-compliance with the above causes a delay, incurs additional costs or causes the discontinuation of the programme, the tourist bears all related consequences and costs incurred to themselves and all other tourists participating in the programme.
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HEALTH REGULATIONS
Pursuant to the regulation of the World Health Organization, tourists travelling to certain countries must ensure that they are vaccinated and have the necessary documents. The tourist is notified about these regulations in writing by TUR SERVIS before the contract is entered into. If a programme states/requires particular vaccinations, all tourists must independently acquire an international document of confirmation (the yellow booklet), which documents the received vaccinations. Vaccination is also mandatory if such a regulation is adopted after the travel contract has been signed, and it does not constitute a valid reason for the termination of the contract unless the vaccination may negatively impact the tourist’s health. In such case, this must be confirmed in a note issued by a medical doctor. The tourist has the right to health protection and health services both in their home country and abroad, to the extent and in a manner determined by the regulations of the representative medical establishment, about which they are informed by TUR SERVIS before the contract is entered into. TUR SERVIS is not liable for any complications or the tourist’s cancellation of their trip due to non-compliance with the health regulations of the country they are entering or of the programme they signed up to, as well as for any related incurred costs. Before the contract is entered into, TUR SERVIS informs the tourist about the option of purchasing insurance with assistance, which covers the costs of medical attention and the return trip home in the event of illness or an accident during the course of the programme.
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LUGGAGE
The transport of luggage of up to a certain weight, as determined by the transporter, is free of charge. In air transport, the tourist has the right to carry luggage of up to a certain weight free of charge (determined by the transporter); every additional kilogramme is paid by the tourist at the site, in the relevant currency/as stipulated by the airline. TUR SERVIS informs the tourist about the terms of supplementary payments for special luggage before the contract is entered into. Special luggage such as bicycles, surf boards, golf equipment, etc. requires a supplementary payment, which is typically effected on departure, at the airport. The transport of such luggage must be requested on sign-up, although the airline reserves the right to decline it due to capacity constraints. All costs/damage incurred by this are carried by the tourist. Children under 2 do not have the right to free luggage transport. TUR SERVIS is not liable for lost or damaged luggage. In air transport, airlines are the only liable party based on regulations that apply to international passenger transport. In the event of luggage loss or damage, the tourist independently fills out the PIR form of the airline that provided the transport service, submits a signed copy of it to the airline representative, and keeps a copy for themselves. The TUR SERVIS representative or the contractual partner assists the tourist in filling out the form and in all subsequent procedures. Based on the form, the airline compensates the tourist following the regulations that apply to international passenger transport. The report on lost or damaged luggage must be sent to the transporter or to the hotel by the tourist. TUR SERVIS is likewise not liable for theft or damage of luggage or other personal effects, valuable items or documents from vehicles (buses, ships, etc.) and accommodation establishments (hotel rooms, flats, etc.).
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ESTABLISHMENT CATEGORIZATION AND DESCRIPTION OF SERVICES
The categorization of accommodation establishments indicated in the TUR SERVIS programmes is defined with a number of stars/establishment categories. Establishments are categorized following the legislation of the country in which they are located (valid at the time of issue of the programmes), and hence are not categorized by TUR SERVIS. TUR SERVIS is therefore not liable for them unless the review is especially labelled to have been written by TUR SERVIS. Food, comfort, and other services are controlled by local organizations in the field of hospitality. The standards of the services available to tourists differ according to destination, and are not comparable. The information that the tourist receives through any conversation at the TUR SERVIS sign-up site is not more binding than the specifications written in the programme. In case of doubt, the written programme always applies, or a written offer, written information or a written explanation. TUR SERVIS is likewise not liable for any information found on the websites of individual hotels/service providers as these are their home pages, which TUR SERVIS cannot influence. The description of services and accommodation establishments in a given programme is valid only for the programme in question/for the payment of the selected establishments at the prices stipulated in the programme. In the case of »last minute« offers, »special offers«, »clubs« and other exceptional offers, only the descriptions next to concrete offers apply, although your establishment may also be found in other programmes.
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COMPLAINTS
The tourist must inform the service provider (TUR SERVIS/the seller/the local TUR SERVIS representative, if there is one) about any error that they notice while filling out the contract at the site, as soon as possible and in written form (or in another appropriate manner). TUR SERVIS must, on entering into the contract, inform the tourist about the process of lodging a complaint at the site, and about how failure to fulfil these obligations affects pursuing claims at a later stage. TUR SERVIS also informs the tourist, in written form, about the representative who is authorized for receiving complaints, and facilitates their access to this person.
If the services described in the programme are provided poorly, the tourist must lodge a complaint within 2 months. The complaint must be signed, and can only be submitted by the tourist independently, in their own name or through an authorized proxy. The authorization must be enclosed with the complaint – TUR SERVIS will disregard any complaint by proxy submitted without a letter of authorization. The tourist must therefore enclose the necessary evidence and/or a letter of confirmation by the hotelier (or the service provider), the transporter or another person who can attest to the actual state that is the basis of the tourist’s claim.
The process of lodging a complaint:
- The tourist, immediately and at the site, lodges a complaint about an unsatisfactory service with the representative or, in the representative’s absence, with the service provider. The tourist must cooperate with the bona fide representative/service provider in eliminating the cause of the problem.
- If the cause for the complaint cannot be eliminated, the tourist writes a letter of confirmation with the help of the representative/service provider.
- The tourist must submit a written complaint at the point of sale where they signed up for the trip within 2 months from their return, enclosing any letters of confirmation written by the representative/service provider, and any receipts attesting to additional incurred costs.
- TUR SERVIS must reply to the tourist in writing within eight days from receiving their complaint.
If the issue could not be resolved at the site, and the programme or certain services were not suitably carried out because of the actions of TUR SERVIS, the tourist has the right to a maximum compensation corresponding to the real value of the part of the travel arrangement about which the tourist lodged a complaint (but not also of the part that represents the services that were already provided to the tourist and were found to be appropriate). This stipulation does not apply where TUR SERVIS has the right to cancel or modify travel arrangements, in accordance with the stipulations of this General Terms and of the Law.
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PROGRAMME CANCELLATION OR MODIFICATION
In accordance with regulations, TUR SERVIS reserves the right to cancel a programme up to 7 days before departure if the number of tourists who have signed up for it is below the minimum required. If this is not indicated in the programme, the following guidelines apply in determining the minimum required number of tourists, based on mode of transport:
– short and long bus trips: a minimum of 30 tourists;
– short and long trips on regular air routes across Europe: a minimum of 20 tourists;
– short and long trips on intercontinental air routes: a minimum of 15 tourists;
– short and long trips on special aeroplanes, trains, ships (hydrofoils, etc.): at least 80% capacity.
In such cases, TUR SERVIS is not liable for compensating the buyer: the buyer is refunded the entire paid amount/the amount corresponding to the services that were not used. Likewise, TUR SERVIS reserves the right to partially or fully withdraw from the contract if, before or during the performance of the contract, extraordinary circumstances arise which could not have been predicted, avoided or eliminated, and which would have constituted reasonable grounds for TUR SERVIS not to enter into the contract had they arisen when the contract was entered into. TUR SERVIS reserves the right to change the date and time of departure due to changes in transporter schedules or force majeure (war, unrest, strikes, terrorist actions, sanitary and health-related issues, disasters, interventions of competent authorities, etc.), as well as the right to change the route of the programme in the event of changed conditions (new transport schedules, force majeure, and other unforeseen reasons that TUR SERVIS cannot influence). In accordance with the regulations that apply to international passenger transport, this does not entitle the tourist to special compensation. The airline reserves the right to change the flight schedule, which can occur shortly before departure. Departure time can be in the morning or at night, and arrival time (on return) can be in the morning. In all cases, the day of departure and the day of return constitute travel days. TUR SERVIS cannot be liable for programme changes made during the trip that are caused by force majeure. In such case, the tourist can be guaranteed the service in another form, within the possibilities. In the event that TUR SERVIS cancels a programme, the tourist is entitled to a refund of the paid amount corresponding to the price of the programme; they are not, however, entitled to a refund of the expenses related to the visas required for entry into the foreign country that was set as the destination, or the costs of the vaccination required by the programme. TUR SERVIS will immediately inform the tourists in the event of any subsequent changes to the programme due to extraordinary circumstances, orally or in writing. TUR SERVIS will indicate the reason for the change in the notification explaining it, and cover the costs of the change. TUR SERVIS is not liable for the punctuality of land, sea or air transport where this is carried out with means of public transportation, scheduled and non-scheduled passenger transport, navigation or flights. The transporter’s obligations are adequately determined in the contract between the tourist and the transporter, which comes into force on use of the transport vehicle. TUR SERVIS is not liable for forced programme changes, which result from transport delays. In such cases, the tourist is not entitled to compensation for the part of the programme that was not carried out, or to a subsequent price reduction. In the event where TUR SERVIS is prevented from accommodating the tourist in the booked establishment due to the situation in the area, TUR SERVIS may provide the tourist with alternative accommodation in the same area, which must be a different establishment of an equal or higher category.
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USE OF DATA
TUR SERVIS protects all collected tourist data in accordance with the Law on Protection of Personal Data. By signing the contract, the tourist agrees to the use of these data also for the purpose of statistical processing and notification on available services. If the tourists does not agree to this, they can state their preference as they sign-up for a programme.
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FINAL STIPULATIONS
The place of jurisdiction in the event of disputes is the district court.
TUR SERVIS, Ltd., Cesta 4. maja 50, 1380 Cerknica, Slovenia
Cerknica, January 2018
General Terms
