General conditions of travel

Based on Article 68, Paragraph 1, Item 2, and in accordance with Articles 70 and 71 of the Law on Tourism ("Official Gazette of RS" No. 17/2019), the director Dijana Milosavljević of the travel agency "DIMTUR doo" from Odžaci, located at Vase Pelagića Street 30, PIB 109136392, MB 21130842, on 04.10.2023, establishes the following:

GENERAL TRAVEL TERMS

1. PRE-CONTRACTUAL INFORMATION

By signing the standard travel contract-confirmation-application (hereinafter: the Contract), with their signature on behalf of all travelers in the Contract (hereinafter: the Traveler), the Traveler confirms that they have received these General Travel Terms (hereinafter: General Terms), the pre-prepared and published travel program (hereinafter: the Program), that they and all the travelers mentioned in the contract are familiar with them and fully accept them, and that they are aware of the optional possibilities for travel insurance.

The provisions of these General Terms are an integral part of the Contract between the Traveler and TA "DIMTUR doo" as the travel organizer (hereinafter: the Organizer) and are binding for both parties unless otherwise specified by a written agreement or program.

Before concluding the Contract, the Organizer may change the description of its services in the Program at any time. The Traveler and the Organizer agree that before the Contract is concluded, the Traveler has been informed about any changes to the Program in a timely manner.

In case of discrepancies between the Traveler’s application and the amended proposal of the Organizer, the new Program will be considered a new offer and will bind the Organizer for the next 48 hours. If the Traveler does not notify the Organizer within this time whether they accept the newly offered Program, the Contract will be considered terminated. Before signing the contract, the Organizer informed the Traveler of the name and address of the entity with which it has concluded a travel guarantee agreement, in case of insolvency.

2. APPLICATIONS, PAYMENTS, AND CONTRACT

The Traveler submits an application in writing, on a permanent record carrier, by e-mail, or fax. The Traveler can apply for a trip at the Organizer’s headquarters, branches, separate offices, or at travel agencies that have a contract with the Organizer for indirect sale of trips (hereinafter: the Intermediary). The Intermediary, offering and selling a trip, must indicate its role in the travel program and confirmation (Article 58 of the Law on Tourism). If the intermediary does not indicate their role in the contract-confirmation, the intermediary will be considered the travel organizer (Article 881 of the Law on Obligations). The Traveler’s application becomes valid once it is confirmed by signing the Contract in the manner in which the application was made and by paying a deposit of 50% of the arrangement price unless otherwise agreed. The remaining agreed price, unless otherwise agreed, must be paid 15 days before the trip begins. If the Traveler does not make the full payment within the deadline, the trip is considered canceled in accordance with Item 12 of the General Terms. Any deposit paid is considered a payment for all travelers, not just one specific traveler in the Contract.

By signing the Contract, the Program (previously published or subsequently amended) becomes an integral part of it and cannot be changed unless explicitly agreed otherwise by the parties or if changes occur due to force majeure. In case of cancellation or changes to the Contract, the cancellation and change provisions apply to all travelers listed in the Contract.

For the timeliness of payment, the relevant date is the one on which the payment was made to the Organizer’s or Intermediary's account. In the event of untimely payment of the full amount, advance payment, or final installment, the Organizer may cancel the Contract and seek compensation in accordance with Item 12 of these General Terms.

3. ORGANIZER'S OBLIGATIONS AND RIGHTS

• To include in the contract, apart from the services from the Program, any special requests made by the Traveler that the Organizer exclusively agreed to;
• Pay the proportionate real difference between the agreed price and the reduced price of the trip (hereinafter: Price Reduction) due to timely and substantiated written complaints from the Traveler in accordance with the law and these General Terms, except when non-fulfillment or incomplete fulfillment of the Contract was caused by: the Traveler’s fault or attributed to a third party that was not a direct service provider under the Program, force majeure, or unforeseen events beyond the Organizer’s control, despite the Organizer’s due diligence;
• In accordance with good business practices, protect the rights and interests of the Traveler;
• Before departure, provide the name, address, and telephone number of the local representative, local partner agency, or, in exceptional cases, the address and telephone number of the Organizer for emergency assistance to the Traveler;
• Not be liable for services provided to the Traveler by third parties outside of the Program;
• All verbal or other types of information that differ from those contained in the Program, Contract, or Special Agreement, and these General Terms, are not binding on the Organizer and cannot form the basis for claims or complaints from the Traveler.

4. TRAVELER'S OBLIGATIONS AND RIGHTS

• To familiarize themselves, as well as all individuals in the Contract, with the Program and General Terms, and to highlight any special requests not covered by the published Program;
• To independently secure optional travel insurance policies, as these are not provided by nor are the responsibility of the Organizer;
• To pay the agreed price under the terms, deadlines, and in the manner stipulated by the Contract;
• To provide the Organizer with accurate and complete information and documents necessary for organizing the trip and guarantee that they, their documents, luggage, etc., meet the conditions prescribed by the regulations of their country, transit, and destination country (border, customs, sanitary, monetary, and other regulations);
• To compensate for any damage caused to direct service providers or third parties by violating legal regulations and these General Terms;
• To designate another person to travel in their place in a timely manner, compensate the Organizer for actual costs incurred by the substitution, and be jointly liable for the unpaid portion of the agreed price;
• To immediately report any justified complaints in writing to the Organizer or persons listed in the travel documentation;
• To inform themselves via the Ministry of Foreign Affairs of Serbia website (www.msp.gov.rs) or other sources about countries with high or moderate risks before signing the contract;
• To confirm the exact departure and return times with the Organizer’s authorized representatives no earlier than 48 hours but no later than 24 hours before departure.

5. PRICES AND SERVICE CONTENT

Prices are stated in foreign currency, and payments are made in dinars according to the selling rate of the Organizer’s bank on the payment day, or according to the rate mentioned in the Program, unless otherwise agreed. Prices are formed based on the Organizer's business policy and cannot be subject to Traveler’s complaints.

Services provided abroad (not pre-arranged and prepaid) are paid by the Traveler directly to the service provider.

The price in the Contract includes a pre-prepared and published combination of at least two or more of the following services of average quality typical for the given destination and facilities: accommodation, meals, transportation, preparation, and organization of travel, for which a single price is agreed upon and paid by the Traveler (hereinafter: Standard Services).

The arrangement price does not include, unless otherwise specifically agreed (hereinafter: Special Agreement), the costs of airport and port taxes, local tourist guide, organizer’s representative, tour animator, optional programs, sunbeds, and umbrellas, visas, entry tickets, passenger and luggage insurance, room service, mini-bar, air conditioning, recreational, medical, phone services, special seat reservations, single-room accommodations, rooms with special features (view, floor, size, balcony, etc.), additional meals, and others (hereinafter: Special Services).

The Intermediary is not authorized to negotiate Special Services not specified in the Program on behalf of the Organizer.

Conditions regarding discounts for children and other benefits stated in the Program are determined by direct service providers and should be interpreted restrictively (e.g., for children under two years of age, the relevant date is when the child turns two, in relation to the trip start date, not the contract signing date). In the event of incorrect traveler age information, the Organizer reserves the right to charge the difference up to the full travel price.

Optional and post-arranged services provided by foreign partners or direct service providers, not included in the Program or Special Agreement, are not included in the price, and the Organizer cannot be held responsible for such services, nor for the Traveler's participation in sports or other recreational activities.

6. PRICE CHANGES AND PASSENGER'S RIGHT TO CANCEL

The organizer may request an increase in the agreed price no later than 8 days before the start of the trip if there has been a change in the exchange rate after the contract was concluded, when the price is expressed in dinars, or if there has been a change in the tariffs of the carriers and in other cases provided by law.

If there is an increase in the total agreed price, the passenger has the right to: request a replacement for a similar program without additional payment from the organizer's offer, or may cancel the contract in writing without the obligation to compensate the organizer, provided they notify the organizer within 48 hours of receiving the written notification of the price increase. If the passenger does not inform the organizer in writing within the specified period that they are withdrawing from the contract, it is considered that they agree with the new price, which can also be indicated by the payment made.

Subsequent price reductions in the program do not apply to already concluded contracts and cannot be grounds for any complaints from passengers to the organizer.

7. CATEGORIZATION AND SERVICE DESCRIPTION

All services listed in the program represent standard services of average quality, typical and specific to certain destinations, places, and facilities. If the passenger desires services outside the program, they must conclude a separate agreement.

The organizer is not responsible for descriptions of services in the catalogs—publications or on the websites of intermediaries and direct service providers (e.g., hotels, carriers, and other entities), unless the passenger was explicitly directed to them by the organizer. The organizer is responsible only for service descriptions contained in its own programs or on its website, with obvious typographical and accounting errors giving the organizer the right to challenge the contract.

Accommodation facilities and units, means of transport, and other services are described according to the official categorization of the country at the time the program was published. These are diverse and not comparable across destinations, even within the same destination. Food, comfort, and service quality primarily depend on the price of the arrangement, the chosen destination, and the categorization defined by local-national regulations, which are beyond the control and influence of the organizer.

The start and end dates of the trip, as stated in the program, do not imply the passenger's all-day stay at the accommodation or destination. The time of departure or arrival, and the time of check-in or check-out from the accommodation is subject to border procedures, road conditions, permits from the authorities, technical and weather conditions, or force majeure, which can affect the timing of the departure of planes and other means of transport, beyond the control of the organizer, for which the organizer bears no responsibility. The first and last days of the program are reserved for travel and do not imply hotel stays or time spent at the destination—they simply denote the calendar day of the trip's beginning and end, so the organizer bears no responsibility for evening, night, or early morning flights, late check-ins, or early check-outs from hotels, and similar situations.

For air arrangements, the agreed start time of the trip is the meeting time at the airport, which is at least 2 hours before the first announced departure time by the airline. In the event of a flight delay, the organizer bears no responsibility, as national and international regulations on air traffic apply. As a rule, departures and arrivals for charter flights occur late at night or early in the morning, and if, for example, a "cold meal" is provided at the accommodation as part of the agreed initial or final meal, it is considered that the contract has been fully fulfilled.

The services of a tour guide, escort, local guide, animator, or local representative do not imply their continuous or all-day presence but only contact and necessary assistance to the passenger during predefined duty hours, which are displayed on the notice board or communicated in another appropriate way. Instructions and guidance from the organizer's authorized representative (especially regarding departure times, transportation, accommodation, legal requirements, and other regulations) are binding on the passenger, and failure to follow these instructions constitutes a breach of contract, with the passenger bearing all consequences and damages in such cases.

Changes or deviations in individual services that are not caused by the organizer's will are allowed if they do not negatively affect the overall concept of the agreed trip. If, for the reasons mentioned, a flight or transportation needs to be relocated to another airport or location, the organizer will cover all alternative transport costs, at least up to the cost of a second-class ticket.

If a third party replaces the person who booked the service, the organizer has the right to compensation for the costs incurred due to the change. The passenger and the person replacing them are jointly responsible for paying the agreed price and the costs of the passenger substitution. The organizer will not accept a replacement if the change is not timely, if there are special travel requirements, or if it is not in accordance with legal or other regulations.

8. ACCOMMODATION, FOOD, AND TRANSPORT

8.1. Accommodation: Unless otherwise specifically agreed:

• The traveler will be accommodated in any officially registered accommodation unit within the facility described in the Program, regardless of the traveler’s preferences, location, and position of the facility, floor level, proximity to noise, parking, or other characteristics;
• Accommodation for the traveler begins at the earliest after 4:00 PM on the day the service starts, and must be vacated by 9:00 AM on the day the service ends.
• The traveler is not entitled to a refund due to voluntary, or traveler’s fault-induced, intermittent or early departure from the accommodation facility, for the hotel service or transport price;
• Triple and quadruple accommodation units (rooms, studios, apartments, etc.) are assigned according to the categorization and regulations of the destination country;
• The operation of air conditioning in accommodation facilities varies by destination and facility and does not imply continuous 24-hour operation;
• The organizer is not responsible for any damage caused to the traveler due to non-compliance with legal regulations, prescribed rules, and customs set by the carrier, hotelier, or other direct service providers;
• After the start of the trip, due to sudden and justified reasons, the agreed accommodation may be replaced with accommodation of the same or higher category at the same destination at the organizer’s expense, while accommodation in lower-category facilities may only be arranged with the traveler’s consent and a refund of the difference in price proportional to the lower category of the accommodation;
• The traveler is responsible for familiarizing themselves with and adhering to the rules of conduct within the accommodation facility, particularly regarding: storage and safeguarding of money, valuables, and valuable items, bringing food and drinks into the room, adhering to order, check-in, and check-out times, the number of people in the room, etc., as the organizer is not liable for damages arising from non-compliance.

8.2. Food: Unless otherwise specifically agreed:

• The variety, quality of food, and service depend primarily on the price of the arrangement, the facility's category, the destination, and local customs, whether the service is buffet-style or à la carte;
• The "All-Inclusive" service and any other services are provided according to the internal rules of the hotel and may not be identical even within the same category at the same destination;
• The organizer has informed the traveler in writing about the contents of the "All-Inclusive" service;
• Breakfast, unless otherwise specified in the Program, means a continental breakfast;
• If hotel occupancy is below 30%, buffet service may be replaced with table service;
• In the accommodation facility, food conditions are the same, regardless of whether the traveler includes children, elderly individuals, or persons with special needs;
• If the traveler makes a separate arrangement on-site with the direct food provider, the organizer is not responsible for any inadequately provided food services.

8.3. Transport: Unless otherwise specifically agreed:

• Transport and transfers are conducted using standard tourist buses or other vehicles according to the regulations and standards valid in the country where the transport company engaged by the organizer is registered. Regulations, principles, and rules set by the carrier are applied (e.g., transport in any vehicle does not imply reserved seating, nor meals or drinks provided during the journey). The traveler is required to accept any offered seat in the vehicle;
• The organizer reserves the right to hire any type of tourist buses that meet the regulatory requirements (mini-buses, buses, or double-deckers), as well as other means of transport if circumstances demand it;
• Toilets on buses are not in use unless approved. The traveler is required to compensate for any damages caused by negligence in the vehicle immediately. The traveler must check and reconcile their personal and travel documents and luggage before departure, and notify the guide/trip escort in case of any discrepancies;
• The traveler is obliged to behave appropriately in the vehicle and comply with traffic regulations and passenger transport rules, otherwise, the organizer reserves the right to deny them entry into the vehicle or, in the presence of the police, remove them from the vehicle. The organizer will not be responsible for further transport to the destination. If the traveler discontinues the trip due to such removal, the cancellation terms from clause 12 of the General Conditions will apply;
• The travel route, breaks, locations, and the duration of stops are determined by the guide/escort-driver. The guide/escort-driver has the right to modify the itinerary, route, or order of visits to sites due to unforeseen, unavoidable, or safety-related circumstances;
• The traveler is required to follow the instructions of the driver or trip guide/escort (regarding break duration, etc.);
• Discrepancies in personal information provided to the organizer and the traveler’s passport details (name of the traveler, etc.) may result in the issuance of a new airline ticket with additional costs, or even the declaration of the ticket as invalid, for which the traveler bears responsibility. The traveler is responsible for their airline ticket from the moment it is handed to them at the airport or in the agency. It is not possible to issue a duplicate airline or boarding pass. The traveler bears all consequences of loss or misplacement during the journey;
• Airline or special transport tickets are valid only on the dates and times indicated on them;
• Transport of travelers by air, rail, sea, river, or lake is under the direct responsibility of those carriers, regulated by laws and customs governing those forms of transport, and is beyond the influence or responsibility of the organizer.

9. TRAVEL DOCUMENTS, HEALTH, AND LEGAL REGULATIONS

All conditions published in the Program apply exclusively to citizens holding passports of the Republic of Serbia. The organizer is not responsible for and is not obliged to inform travelers from other countries about the conditions (visa, customs, health, etc.) applicable to the destination or transit country. It is the responsibility of the foreign citizen to inquire at the relevant consulate and ensure they meet the necessary conditions and obtain the required documents in a timely and proper manner. The traveler must have a valid travel document for at least 6 months from the end of the trip. The traveler must provide the organizer with accurate and complete information and documents for visa processing if the organizer is handling it. Agency staff, whether from the organizer or intermediaries, are not authorized to determine the validity of travel or other documents. If the organizer mediates in submitting documentation, they do not guarantee visa issuance, nor visa issuance within a set time frame, and are not liable for invalid documents or if border authorities or immigration services deny entry, transit, or further stay for the traveler. If the traveler loses travel documents or has them stolen during the trip, they are responsible for obtaining new ones at their own expense and bearing any associated consequences.

The traveler is obliged to arrange for special services related to their health condition, such as specific meals, accommodation characteristics, etc., due to chronic illness, allergies, disability, etc., otherwise, the organizer assumes no special obligations, responsibility, or liability in this regard. For trips to countries where special rules apply, such as mandatory vaccinations or the acquisition of certain documents, the traveler must ensure they get the necessary vaccinations and documents, and they bear responsibility for any resulting issues.

The traveler must strictly comply with customs, currency exchange, and other regulations of the Republic of Serbia, transit, and destination countries. If the trip cannot be realized due to the traveler’s non-compliance with these provisions, all consequences and costs are borne by the traveler.

If the trip cannot be realized due to the traveler’s failure to comply with these provisions, the terms outlined in clause 12 of the General Conditions will apply.

10. LUGGAGE

Transport of luggage up to the weight limit determined by the airline is free. Excess luggage is charged according to the applicable airline prices stated in the travel program. Transport of special luggage from the airport to the hotel and back is solely the traveler’s responsibility. All airports enforce special security regulations regarding hand luggage, and for more information, travelers are advised to inquire at Nikola Tesla Airport in Belgrade by calling 011/209-4444 or visiting the website www.beg.aero. Damages or loss of luggage on flights must be reported immediately on-site to the relevant airport service for lost luggage, as airlines generally refuse compensation if a damage report form is not filled out and submitted immediately.

For bus transportation, the traveler is allowed to bring 2 pieces of luggage per seat and must hand them over to the organizer's authorized representative. Children under the age of two are not entitled to free luggage. The traveler is responsible for their belongings brought into the vehicle, and for giving and retrieving luggage handed over to the transport company’s authorized personnel or brought into the accommodation facility. The traveler must claim any such rights directly from the carrier, accommodation provider, or insurer in accordance with applicable international and domestic regulations. Transporting luggage from the parking area to the accommodation unit is the responsibility of the traveler (transport will be as close as possible to the accommodation facility). The organizer is not responsible for items left behind in the vehicle.

Except in cases of intent or gross negligence, the organizer assumes no liability for luggage and items not typically carried by travelers unless explicitly taken into safekeeping. Therefore, the traveler is advised not to bring valuable items on the trip or, if doing so, to securely hand them over for safekeeping or carry them personally.

The traveler is required to visibly label their luggage with personal details and not leave personal documents, belongings, or valuables in a parked vehicle, as the organizer is not liable for their loss. It is recommended to carry documents, gold, valuables, technical equipment, and medications in hand luggage and to deposit these in a safe where possible during the stay.

The traveler is obliged to report any loss, damage, or disappearance of luggage during the trip to the representative of the organizer or the direct service provider.

11. CHANGES AND TERMINATION OF THE CONTRACT BY THE ORGANIZER

11.1. Before the start of the trip:

The organizer may modify the travel program only if the changes are caused by extraordinary circumstances that the organizer could not foresee, avoid, or eliminate. The costs incurred due to changes in the program are borne by the organizer, while any cost reductions benefit the traveler. Substituting the agreed accommodation can only be done with a facility of the same category or, at the organizer's expense, using a higher-category facility at the agreed location. If significant changes are made to the travel program without justifiable reasons, the organizer must refund the full amount received from the traveler who cancels the trip due to these changes (Article 879 ZOO).

The organizer has the right to terminate the contract in the event of:

- An insufficient number of registered travelers, provided that the traveler is informed no later than 5 days before the start of the trip, and

- The inability to fulfill contractual obligations for reasons beyond the control of both parties, which, if they had existed at the time of the program's publication, would have justified the organizer not publishing the program or concluding the contract. In such cases, the organizer is obliged to refund the paid amounts to the traveler within 15 days from the cancellation date.

If the program does not specify otherwise, the minimum number of registered travelers required for the trip to proceed is:

- 30 travelers for bus trips,

- 20 travelers for regular European airline flights,

- 15 travelers for intercontinental airline flights, and

- at least 80% capacity for specially arranged charter flights, trains, hydrofoils, etc.

By accepting a new contract, the traveler waives any claims against the organizer under the originally concluded contract.

11.2. During the trip:

During the trip, the organizer retains the right to change the day or time of the trip, the route, or necessary program adjustments if travel conditions change (flight schedule changes, forced landings, vehicle breakdowns, border or traffic congestion, the closure of any scheduled sightseeing locations, changes in visa regulations, security situations, natural disasters, or other extraordinary and objective circumstances and force majeure). The organizer is not obliged to compensate the traveler for any damages or expenses. In such cases, the organizer will bear any additional costs resulting from program changes.

The organizer is released from fulfilling the contract if the traveler disrupts the trip with rude or inappropriate behavior, regardless of warnings. In such cases, the traveler is obliged to compensate the organizer for any potential damages caused.

In the event of extraordinary circumstances during the trip that could not have been foreseen (terrorist attacks, states of emergency, explosions, outbreaks, epidemics, natural disasters, weather conditions, etc.), both parties have the right to terminate the contract. The organizer is entitled to actual costs incurred and must cover half of the return transportation costs for the traveler. The organizer assumes no responsibility if the traveler refuses the offered return transportation.

12. CANCELLATION OF THE CONTRACT BY THE TRAVELER

12.1.The traveler has the right to cancel the trip, in which case they must notify the organizer in writing, following the manner in which the contract was concluded.

If the traveler cancels the contract before the start of the trip within a reasonable time frame (timely cancellation), the organizer is entitled to compensation for only administrative costs.

If the traveler cancels the trip after the timely cancellation period, the date the written cancellation is received will be used to calculate the compensation owed to the organizer, expressed as a percentage of the total trip cost, unless otherwise stated in the program:

- 5% if canceled up to 45 days before the trip,

- 10% if canceled from 44 to 30 days before the trip,

- 20% if canceled from 29 to 20 days before the trip,

- 40% if canceled from 19 to 15 days before the trip,

- 80% if canceled from 14 to 10 days before the trip,

- 90% if canceled from 9 to 6 days before the trip,

- 100% if canceled from 5 to 0 days before the trip or during the trip.

 

Exceptionally, the following cancellation scale applies:

a. For cruises:

- 5%, or at least 60 EUR, up to 91 days before the trip,

- 15% from 90 to 45 days before the trip,

- 30% from 44 to 29 days before the trip,

- 50% from 28 to 15 days before the trip,

- 80% from 14 to 7 days before the trip,

- 95% from 6 to 3 days before the trip,

- 100% on the day of the trip, in case of no-show or cancellation during the trip.

 

b. For recreational trips for preschoolers, outdoor classes, and student excursions if the entire contract is canceled:

- 5% if canceled up to 120 days before the trip,

- 20% if canceled from 119 to 90 days before the trip,

- 50% if canceled from 89 to 60 days before the trip,

- 80% if canceled from 59 to 45 days before the trip,

- 100% if canceled from 44 days before the trip or during the trip.

Changing the agreed location, travel date, transportation means, accommodation facility, room, visa denial, non-payment of the agreed price, etc., is considered a cancellation by the traveler.

The traveler is obliged to compensate the organizer for actual costs incurred (transportation, accommodation, travel organization, etc.) if the cancellation is due to:

- Sudden illness of the traveler, spouse, child, parent, sibling, adopted child, or adopter,

- Death of the traveler, spouse, child, parent, sibling, adopted child, or adopter,

- Military service summons for the traveler, or

- Natural disasters or officially declared states of emergency by the relevant authority of the destination country.

 

For these cases, the traveler must provide the organizer with proof of their claim, such as a medical certificate for illness, a death certificate, or a military service summons. Local terrorist attacks, explosions, outbreaks, epidemics, diseases, natural disasters, and weather conditions are not considered valid reasons for cancellation unless a state of emergency has been officially declared.

A sudden illness is defined as a sudden and unexpected illness or organ disorder diagnosed by a licensed physician after the contract was signed, which requires treatment or hospitalization and prevents the traveler from starting the trip.

If the traveler finds a replacement or if the organizer finds one, the traveler will receive a full refund minus actual costs incurred. In case of a replacement, the organizer must sign a new contract with the new traveler.

If the cancellation is covered by an insurance policy, the traveler must claim compensation directly from the insurer.

No refund will be given for amounts paid to the organizer for visa facilitation or any legal and other obligations paid.

12.2. After the trip has started:

If the traveler, through their own fault, fails to use any contracted services due to the cancellation of the trip, the organizer will attempt to obtain compensation for unused services from the service provider. If the service provider does not refund the money, the traveler has no right to a refund for the unused portion of the trip. If the service or value is insignificant, the organizer is exempt from this obligation. If a significant portion of the services in the contract is not provided due to the organizer’s fault, the organizer must take preventive measures to allow the trip to continue or offer the traveler alternative services without additional costs to the traveler.

13. INSURANCE, DEPOSIT, AND TRAVEL GUARANTEE

The cost of the trip does not include travel insurance. The organizer advises purchasing trip cancellation insurance, liability insurance, health insurance, and accident insurance. If the Organizer and Intermediary offer travel insurance, they act only as intermediaries. The insurance contract is concluded exclusively between the Traveler and the insurance company, and any claims are made directly to the company. You should read the insurance terms and obligations in the contract. Insurance premiums are not part of the travel price and are due upon concluding the insurance contract. By signing the contract, the Traveler confirms that they have been informed and advised about securing a travel insurance package.

The travel insurance package does not cover mandatory health insurance, so the Traveler is advised to secure this on their own, as failure to do so may result in border authorities denying entry or the Traveler incurring significant medical expenses.

In accordance with the provisions of the Law on Tourism, the Organizer holds a deposit of 500.00 euros and a travel guarantee for license category B in the amount of 5,000.00 euros, which covers, in the event of A) the Organizer’s insolvency: 1. the cost of essential accommodation, meals, and the Traveler's return to the point of departure in the country or abroad, 2. reimbursement of payments made by the Traveler under the Travel Contract, which the Organizer failed to realize, 3. reimbursement of payments made by the Traveler in case of trip cancellation by the Traveler, in accordance with the General Terms of Travel, 4. claims for the difference between the amount paid under the Travel Contract and the reduced amount due to incomplete or partial service performance as per the Travel Program; and in the case of B) compensation for damage caused to the Traveler due to non-fulfillment, partial fulfillment, or improper fulfillment of the Organizer's obligations under the General Terms and the Travel Program: 1. for claims for payments made by the Traveler under the Travel Contract which the Organizer failed to realize, and 2. for claims for the difference between the amount paid under the Travel Contract and the reduced amount due to non-performance or partial performance of services covered by the Travel Program.

The coverage period of the Travel Guarantee begins from the date of its issuance and lasts until the completion of the trip or until the Traveler returns to the contracted destination.

The bank guarantee number is 10695784, dated 04.10.2023, Banca Intesa AD Belgrade, under the Travel Guarantee Contract and consent for issuing a bank guarantee number 029/2023 dated 15.08.2023, concluded with the guarantee recipient, the National Association of Travel Agencies PU "YUTA," Belgrade, Kondina Street no. 14.

The guarantee recipient can call the bank for payment within a period not exceeding six months from the date the bank guarantee expires. The user of the bank guarantee, the Traveler, activates the bank guarantee without delay, i.e., within 14 days of the occurrence of the specified event, through the guarantee recipient, the National Association of Travel Agencies PU "YUTA," 011 3228 686, in writing or by telegram to YUTA's address, Belgrade, Kondina Street no. 14, or via email at garancijaputovanja@yuta.rs. (The Traveler's right to compensation is exercised based on a final and enforceable court decision, an arbitration court decision, or another out-of-court consumer dispute resolution decision, in accordance with these General Terms and YUTA's General Terms.)

14. ASSISTANCE, COMPLAINTS, LAWSUITS, AND DISPUTE RESOLUTION

The travel organizer is required to visibly display information at the point of sale on how and where to submit complaints and to ensure the presence of an authorized person for receiving complaints during business hours.

The organizer is required to keep records of received complaints and retain them for at least two years from the date of the Traveler's complaint submission.

The Traveler is obligated to immediately communicate a valid complaint on the spot to the Organizer's local representative, and in urgent cases, if they are unavailable, to the direct service provider (e.g., carrier, hotelier, etc.), or directly to the Organizer if these persons are not listed in the travel documents.

For assistance, emergencies, and complaints, the Traveler can contact the Organizer by phone at +381114083681 on working days from 9:00 AM to 5:00 PM Central European Time or by email at info@iserbiatravel.com. In such cases, the Traveler should provide the contract number, travel destination, name of the accommodation, names of the travelers, address, or phone number for contact.

The Traveler is obligated to cooperate in good faith and wait patiently for a period of 24-48 hours for the valid complaint to be resolved on the spot (e.g., broken fridge, power or water outage, uncleaned apartment, etc.) and accept the proposed solution that corresponds to the agreed service.

 

If the cause of the complaint is not resolved on-site, the Traveler and the Organizer’s representative must draft a written confirmation in two copies, signed by both parties. The Traveler keeps one copy of this confirmation.

If the issue is resolved on the spot, the Traveler is required to sign a confirmation of this. Otherwise, the fact that the Traveler continues to use an adequate alternative solution is considered full fulfillment of the Program.

Local representatives do not have the authority to acknowledge any claims for compensation; only the Organizer can do so.

The Traveler cannot claim a proportional price reduction, contract termination, or compensation for damages if they fail to notify the authorized representative and the Organizer of any discrepancies between the provided and contracted services promptly and appropriately on-site.

If the deficiencies are not resolved on-site, the Traveler is obligated to submit a justified and documented complaint within eight days of the trip's completion, or within thirty days of discovering the deficiencies. This must include written evidence of the complaint, receipts for paid expenses, a factual and quantified request for non-performed services, witnesses, and other evidence, and demand a refund for the difference in price between the contracted and non-performed or partially performed services. Each traveler, signatory of the contract, submits a complaint individually; group complaints will not be considered by the Organizer.

 

It is desirable for the Traveler to submit the complaint in writing to the Organizer’s address in Belgrade, Patrisa Lumumbe Street no. 62/15.

The Traveler may also submit the complaint orally at the sales point where the travel contract was concluded, at another location designated for receiving complaints, electronically, or on a durable medium, along with documentation proving the complaint's validity.

 

The Organizer is obligated to process only timely, justified, and documented complaints, and to issue a written confirmation to the Traveler of the receipt of the complaint or confirm receipt electronically, providing a reference number for the complaint. The Organizer is obligated to respond in writing within eight days and refund the price difference from the day of receipt of the valid complaint. The Organizer can extend this deadline with the Traveler's consent and record this in the complaints book.

 

If the complaint is incomplete and needs to be corrected, the Organizer will notify the Traveler to make the necessary amendments within a specified period under the threat of missing the deadline.

The Organizer will, in accordance with good business practices, respond to the Traveler’s complaint even if it is untimely, unfounded, or incomplete.

A price reduction in response to the Traveler's complaint can only reach the amount of the unprovided service, not including already used services or the total contract price. The amount of compensation paid based on a valid and timely complaint is proportional to the degree of unperformed or partially performed service.

 

If the Traveler accepts compensation for a proportional price reduction or another form of compensation, it is understood that they agree with the Organizer's proposal for an amicable settlement of the dispute and waive any further claims against the Organizer regarding the disputed matter, regardless of whether a written confirmation of the refund with a clause of final resolution of the dispute has been signed.

It will be considered that a refund of the price difference to the Traveler has been made, and an agreement with the Traveler reached in accordance with the law, these General Terms, and YUTA's general terms, when the Organizer has offered the Traveler a fair price difference for inadequately provided services, in accordance with the service provider’s price list valid on the day of the travel contract conclusion, and other available evidence, and when the Organizer has acted in compliance with the applicable regulations.

The Organizer is not liable for omissions or damages caused to the Traveler by direct service providers, who are responsible under the regulations applicable to them, provided the Organizer acted with due diligence when selecting the individuals performing these services.

Any request by the Traveler to initiate proceedings with other parties before the deadline for resolving the complaint will be considered premature, as will notifying the public or media about a breach of contract.

15. TRAVEL PROGRAM AT THE REQUEST OF THE TRAVELER AND INDIVIDUAL SERVICES:

15.1. Travel program at the request of the Traveler:

An individual trip (hereinafter referred to as the Program at the request of the Traveler) is a combination of two or more services, which is not offered by the Organizer, i.e., not previously published by the Organizer, but is created at the request of the Traveler.

The provisions of the previous points of these General Terms and Conditions shall apply to the Program at the request of the Traveler by analogy, unless otherwise regulated by this point.

If multiple individual services from the Organizer's offer (e.g., flight and cruise tour, etc.) are combined and contracted at the Traveler's request, the cancellation fee is calculated for each service separately and then summed up.

The Traveler has the right to cancel the Agreement, which they must notify the Organizer in writing. The date of the written cancellation of the Agreement serves as the basis for calculating the fee due to the Organizer, expressed as a percentage of the total price of the requested trip, unless otherwise specified by the Program, and it is as follows:

- 5% if the trip is canceled up to 60 days before the start of the trip (timely cancellation)

- 15% if the trip is canceled between 60 and 30 days before the start of the trip

- 20% if canceled between 29 and 20 days before the start of the trip

- 40% if canceled between 19 and 15 days before the start of the trip

- 80% if canceled between 14 and 10 days before the start of the trip

- 90% if canceled between 9 and 6 days before the start of the trip

- 100% if canceled 5 days before the start of the trip or during the trip

15.2. Individual services and "Reservations upon request":

If the Traveler reserves or contracts only one service, the Organizer acts only as an intermediary of a third-party service (hereinafter referred to as Service Intermediary).

For individual and "reservations upon request," the Traveler must pay a deposit for reservation costs, which cannot be less than 50 EUR in the dinar equivalent according to the Organizer's bank's selling 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 reservation is not confirmed by the Organizer within the agreed period, the deposit is fully refunded to the Traveler. If the Traveler does not accept the offered or confirmed reservation, which fully meets the Traveler's requirements, the deposit is retained in full by the Organizer.

Except in cases of gross negligence or carelessness, the Organizer is not responsible for defects, material or bodily damage related to individual tourist services at the Traveler's request, for which they act only as an intermediary between the Traveler and the direct service provider (e.g., individual accommodation service, transportation, tickets for sports events, excursions, car rental, etc.). Upon receiving proof of the contracted individual service, contractual relations are exclusively established between the Traveler and each individual service provider.

The following cancellation scale applies to individual tourist services unless otherwise agreed:

a. For hotel accommodation:

- Up to 30 days before the start of the trip, 10%

- From 29 to 22 days before the start of the trip, 15%

- From 21 to 8 days before the start of the trip, 25%

- From 7 days before the start of the trip, 50%

- From 6 days until and after the start of use, 100% of the price

b. For apartment rental per unit:

- Up to 45 days before the start of the trip, 20%

- From 44 to 30 days before the start of the trip, 50%

- From 29 days before the start of the trip, 70%

- From 15 days until and after the start of use, 100%

c. For vehicle and motorbike rental:

- Up to 31 days before the start of the trip, 20%

- From 30 to 22 days before the start of the trip, 30%

- From 21 to 8 days before the start of the trip, 50%

- From 7 to 3 days before the start of the trip, 65%

- From 2 days before the start of the trip or in case of no-show, 80%

Car rental:

The Traveler fully accepts the General Terms and Conditions of vehicle rental, which are found on the back of the standard Vehicle Rental Agreement.

Unless otherwise stipulated by the car rental contract, 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 provide customers with an equivalent or more expensive vehicle than the one reserved, which can never be grounds for claiming compensation, e.g., for increased fuel consumption. Rental payment is made after the service is completed.

A security deposit is usually required at the rental location. In the event of a traffic accident, damage, or theft of the rented vehicle, the security deposit is retained as participation.

In the following cases, the Traveler is solely responsible: damages caused by non-compliance with the rental conditions; gross negligence or driving under the influence of alcohol; damage to the oil pan or undercarriage; costs incurred for hotel stays, phone calls, or towing; loss or damage to keys; costs for private items damaged in an accident or stolen from the vehicle; total tire damage.

In the event of vehicle damage, the Traveler is obliged to immediately notify the police and make a police report on the accident and damage and to inform the car rental agency immediately. 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 covers the Traveler and another authorized driver in accordance with the general terms of insurance and the Rental Agreement. The compulsory insurance policy by law only covers injury and/or death of persons (passengers) and damage caused to third parties and their property.

The following documents are required to accept the damage and refund participation: a police report and a damage report; a copy of the rental agreement; proof of deposit payment (car rental agency invoice or credit card statement); original keys and vehicle registration documents.

The airport service fee for vehicle rental starting at the airport is 10% of the rental contract value. The fee for picking up or delivering the vehicle outside the agency location in the country or abroad is subject to an additional fee. The Traveler can travel abroad with the rented vehicle under special conditions and with the special consent of the agency.

The cost of fuel for the vehicle during the rental period is paid by the Traveler. Child seats, snow chains, etc., can be provided upon the Traveler's request for an additional fee.

The Traveler confirms that the personal data entered in the vehicle rental contract is accurate and agrees that it can be transferred to third parties for the purpose of verifying their identity and financial creditworthiness.

e. Other individual services: Reserved individual services, such as tickets for concerts, opera, theater, balls, transportation tickets (e.g., metro, train, bus), ferry tickets, ski passes, sightseeing tours, museum tickets, individual transfers, etc., in the event of cancellation, the Traveler is charged the full price of each contracted individual service.

For individual transportation services, in the case of timely cancellation, the previously received tickets for regular flights, train tickets, or ferry tickets must be returned, otherwise, the full price will be charged.

If the Traveler has reserved an apartment for vacation, the Organizer warns of the possibility that the landlord may request a security deposit for incidental costs and any damages when handing over the vacation apartment.

16. PROTECTION OF PERSONAL DATA OF TRAVELERS

The personal data of travelers, which they provide voluntarily, are considered a business secret of the Organizer. The Traveler agrees that the Organizer can use personal data to execute the contracted travel program, while addresses, location, time, and price of the trip, as well as the names of travel companions, cannot be disclosed to other persons, except for those specified by special regulations.

17. MANDATORY APPLICATION

The Organizer may provide in the Program or Special Travel Conditions different provisions in relation to these General Terms, due to specific conditions and rules of direct service providers, as well as for travel with special content (for sports, congresses, and similar international events, and special types of tourism—student, hunting and fishing, extreme sports, etc.), which are 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.

The Traveler and the Organizer mutually agree to submit disputes to the jurisdiction of the YUTA Arbitration Court, Belgrade, Kondina 14, for resolution, applying these General Terms, as well as the General Travel Conditions of YUTA and the regulations of the Republic of Serbia. By agreeing to the jurisdiction of the YUTA Arbitration Court, the Traveler's rights to initiate a specific procedure or use a specific legal remedy for the protection of their rights, as provided by the laws of the Republic of Serbia, are not waived.

These General Terms apply from October 4, 2023.

Director

Dijana Milosavljević