- Turistična agencija Sonček d.o.o., Maribor (hereinafter referred to as the Agency) is selling its own packages under the Holidays in Slovenia trademark, where it is acting as an Organiser, and the transportations of the company TM Vista d.o.o. under the GO OPTI trademark, where it acts in the capacity of an authorised agency for selling their transportation services.
- For transportation under the GO OPTI trademark General Terms and Provisions of the company TM Vista d.o.o. apply, which are published on a special link.
- An integral part of the Travel Contract is also a travel programme or a potential catalogue and pricelist of the Organiser.
BOOKING AND PAYMENTS
- The Traveller’s acceptance of the Agency’s offer is binding in terms of both him and in terms of the other participants, to the benefit of which the contract is being concluded. The Traveller may withdraw from the Travel Contract in accordance with the provisions on Traveller’s Cancellation of the Travel (see TRAVELLER’S CANCELLATION OF THE TRAVEL), any omission of the benefits of other participants under the contract falls within the sphere of the Traveller in its entirety.
- In addition to an express written application or signed contract, any order submitted in oral or written form by phone or internet, which includes name and surname of the Traveller and other participants, their birth dates and addresses of permanent and temporary residence, if any, is considered to be a binding acceptance of the Agency’s offer.
- The Contract shall be considered as concluded on the date of oral confirmation made by theTraveller on accepting the Agency’s offer which the Agency puts into practice with its signature on the Travel Contract or in the event of phone or internet sale on the day when the Agency sends the written confirmation of the Traveller’s acceptance of the Agency’s offer to the Traveller, whereby the Agency is obliged to issue or send a Travel Confirmation to the Traveller at the time of confirmation.
- In the event of credit card payment, the Traveller shall pay the total value of the package upon application. In the event of bank transfer payment, the Traveller shall pay 30% of the total package value upon booking, and the remaining 70% of the package price must be settled at least 15 days before departure. nati vsaj 15 dni pred odhodom.
- With booking inquiry (RQ-request), the Traveller shall pay a security, which depends on the scale of cancellation costs of the responsible Organiser and the foreseen date of departure. The Traveller shall sign an application form upon booking. If the responsible Organiser confirms such booking inquiry, the contract shall be considered as concluded from the moment of the Traveller’s signature of the application form, and in this way everything stated in these Terms & Conditions becomes a legal obligation for both, the Traveller and the Organiser.
- Special offer gift certificates and special offers which the Agency gives away or offers are only taken into account when purchasing new packages and shall not be acknowledged for already performed reservations.
- The Traveller may pay for its packages with credit cards or by bank transfer. If the Traveller should be entitled to any refund of the purchase price for the package, the Traveller shall be refunded with the legitimately sought amount primarily with the reversal of such means of payment, otherwise with a bank transfer.
- Any subsequent changes of names, passenger number, and accommodation if even possible shall be charged by the Agency according to the Organiser’s price list or a minimum of €10 per person.
SALES OF TRAVEL PACKEGES VIA INTERNET OR BY PHONE
- In the event of credit card payment, the Traveller shall pay the total value of the travel package upon booking, in the event of bank transfer payment, the Traveller shall be obliged to pay for the ordered service in full within 3 days from its online booking or booking by phone, unless a shorter or a longer period is defined in special conditions or the offer, whereby the payment deadline is an integral component of the Travel Contract. In the event that the Traveller should not perform a payment within the above stated deadlines, the Contract shall be null and void by operation of law.
- If the Traveller when booking online or booking by phone provides the Agency with the number of his credit card used to pay for the travel for the purpose of payment under the Travel Contract it shall be considered that the Contract is null and void by operation of law if the payment is not approved by the Traveller’s bank or its bank provider.
- It shall be deemed that the Traveller received the provisions of these Terms & Conditions, travel instructions and special conditions or offers in the moment when ordering an individual offer of the Agency via the internet or by phone, since the latter are published on the Agency’s website.
- Online booking or booking by phone less than 10 days before the beginning of the travel shall be considered as booking inquiry (RQ-request) under indent 5 of the Chapter BOOKING AND PAYMENTS and is possible only with full payment of the package with the credit card. If the Organiser confirms such booking inquiry it shall be considered that the Contract is concluded from the moment the Traveller submits its booking inquiry online or by phone, and in this way, everything stated in these conditions becomes a legal obligation for both, the Traveller and the Organiser.
- The Organiser reserves the right to change published prices in the pricelist or travel programmes in the event of change of prices of transportation services or in the event of a change in currencies based on which the travel price was charged. Consent of the buyer for the increase of the package price up to 10% is not necessary if however, the price increase is higher; the buyer has the right to terminate the Contract without being required to pay for damages.
ORGANIZER’S RIGHT TO CHANGE THE PROGRAMME AND THE RIGHT TO CANCELLATION
- The Organiser of the programme may partially or completely cancel the programme if exceptional circumstances which could not have been avoided or prevented arise prior or during its implementation, and which would constitute a justified reason for the Organiser not to publish the programme or accept reservations for it if the latter would exist at the time of publication and sale of the package.
- The Organiser is responsible to notify the Travellers about the cancellation within a statutory time-limit prior to the commencement of the implementation of the package. In this case, the Organiser shall not be liable for damages to the Traveller, however until the foreseen commencement of the travel he shall be obliged to refund the total amount paid for the package.
- The Organiser may replace accommodation agreed upon under the Contract which may also only occur at the location itself, however only with accommodation in the facility of equal or higher category. Any price increase shall not be borne by the Traveller.
- Due to organisational reasons or weather conditions, the Organiser may change the programme insofar that it is performed in a different order of precedence pursuant to realistic possibilities.
- If due to the reasons and conditions from the previous indent which are not in the sphere of the Agency’s operation, any of the activities foreseen in the programme could not be carried out, the Traveller has the right to a proportionate price reduction, however up to a maximum value of service not rendered.
- The Organiser reserves the right to change the date and time of departure due to the change of the flight schedule or occurrence of force majeure, and the right to change the course of travel if the travel conditions should change (a new timetable, a precarious situation in the country where the programme is organised, natural disasters or other unforeseen causes, which the Organiser has no influence over), without special compensation and according to applicable regulations in the passenger traffic.
- The Organiser shall not be liable for the delay of airplanes, ships or trains as well as not for the programme changes resulting from such delays. The Traveller is in these events in relation to the Organiser not entitled to compensation for the unperformed part of the travel programme as well as not to any subsequent price reduction.
- In the event of cancellation of the travel by the Organiser in accordance with these conditions, the Traveller is not entitled to the recovery of any potential costs he already experienced with regard to the present travel (for example, visas…).
TRAVELLER’S CANCELLATION OF THE TRAVEL
- If the Traveller wants to cancel the travel, he must do so in writing. The date of the written cancellation is the basis for calculation of the cancellation charges. In the event of cancellation, even if it is a booking inquiry (RQ-request), described under item BOOKING AND PAYMENTS, the following costs shall be charged for the travel organised by the Agency in accordance with the first indent under the General Provisions Chapter:
- €50 for cancellation up to 8 days prior to departure;
- 100% of the package value for cancellation 7 days or less prior to the departure or if the Traveller should fail to appear at the location of departure or at the accommodation facility on time (no show), or if he cancels the package or terminates the travel after it has already begun, or in the events when a ticket has been purchased for his travel from a carrier who charges 100% cancellation costs regardless of the cancellation date; whereby, the booking fee and the costs of travel package insurance are in no way calculated into the package value.
- In the event of cancellation of transport which is in accordance with the first indent of the General Provisions Chapter organised by the company TM Vista d.o.o. under the GO OPTI trademark, the Traveller is charged with cancellation costs set out in the Terms & Conditions of the latter.
- The Traveller may to a large extent (80% of the cancellation costs) avoid cancellation costs resulting from illness, death or his own accident or the accident of his immediate family (parents, children, spouse) which occurred after the conclusion of the Contract by paying a Cancellation Fee which is being performed simultaneously with the reservation. For Sonček’s packages, the Cancellation Fee amounts up to 3% of the package value. When cancelling a travel where Cancellation Fee was paid, the Traveller is charged with the participation in the amount of 20% of the cancellation costs, administrative costs in the amount of €20 and for the amount of the Cancellation Fee. The reasons for cancellation under this indent are evidenced by the Traveller by submitting the corresponding certificate.
OTHER OBLIGATIONS OF THE TRAVELLER
- The Traveller is obliged to provide the Agency with his information or the information of his fellow Travellers prior to the conclusion of the Contract in such a manner as worded in their personal documents which enable them to cross the border, of which nationals they are. If the Traveller or any of his fellow Travellers who are travelling abroad is not a citizen of one of the Member States of the European Union, he shall be obliged to check the information regarding any potential visas for Slovenia for himself and his fellow Travellers at the following link www.mzz.gov.si/en/travel_and_visa_information/ /. If the Traveller is in any doubt regarding the need to obtain a visa, the Traveller shall be obliged to contact the Agency by e-mail at the address firstname.lastname@example.org. to address this issue before the conclusion of the Contract. If the Traveller neglects the above stated activities hereunder, he shall be liable for all costs or consequences incurred to both, him and the Agency.
- The Traveller shall be obliged to examine the Organiser’s programme which is available to him in written or in electronic format in detail before concluding the Contract, and in the event of omission of this obligation he shall not be able to refer successfully to any information obtained anywhere or from anyone which would impose the Organiser with broader or different obligations than the ones arising from his travel programme. In the event that Organiser’s responsibilities from the programme should not be entirely clear to the Traveller before the conclusion of the Contract, he shall be obliged to contact him directly to address this issue before the conclusion of the Contract.
- The Traveller shall be obliged to consider Organiser’s information on required visas, potential specifics regarding the validity of passports at the time of entering Slovenia and regarding healthcare and other formalities which are necessary for the travel and accommodation at the travel destination. The Traveller must in due time attend to obtaining the entrance visa, if necessary, and in addition he must fully ensure the compliance of mandatory healthcare and other requirements for entering Slovenia in due time prior to the commencement of the travel.
- The Traveller shall be obliged to honour the house rules in catering, hotel or other accommodation establishments and facilities related to these establishments, the rules on means of transportation and at all times cooperate with the Organiser’s representative, tour guide or service provider in accordance with the principle of due diligence and good faith.
- The Traveller is obliged to identify himself at the commencement of the travel with the Organiser’s travel document - voucher. We recommend that if the Traveller has not received the travel documents within 4 to 5 days prior to departure that he should verify the receipt of the latter at the point of sale.
- If the Traveller should fail to comply with his obligations under this Article, he shall be liable for damages to the Organiser, and the Organiser or the authorised Agency shall be relieved of any liability for damages which could incur to the Traveller in this case.
RESOLUTION OF COMPLAINTS
- In the event of poor quality and incomplete implementation of services indicated in the programme, the Traveller may request a price reduction of the travel package, and if as a result he suffered any damages, he is also entitled to compensation for damages.
- The Traveller is unable to enforce price reduction successfully if he should fail to complain about the inadequate provision of services immediately at the location to the representative of the Organiser’s tour guide, and if he fails to act according to the principle of due diligence and good faith when resolving the complication. In the event that the Organiser’s representative or the tour guide are not available within a reasonable time period, the Traveller shall be obliged to communicate the deficiencies to the Agency’s hotline +386 51 674 000, at which under the name Sončkova asistenca (Sonček’s Assistance) assistance to Travellers is provided. To remedy any minor deficiencies of services which do not affect the contract price, the Traveller should contact the service provider directly (e.g. hotel manager, transporter), and if he should not be successful with such request of his, he should immediately inform the Organiser’s representative or the tour guide about this fact.
The Traveller proves that a complaint was made at the location with a record which is drawn up with the Organiser’s representative or the tour guide, and material evidence (photographs and similar), which he could have obtained during accommodation without any special efforts.
- The passenger may present the Organiser of the travel with a request for price reduction or a claim for damages in written form within statutory determined preclusive time limit following the completion of the travel, which at the time of adoption of these Terms & Conditions amounts to 2 months.
- The Organiser shall be liable to the Traveller for damages sustained not exceeding the amount of the package price of the injured Traveller; this restriction does not apply in the event of Traveller’s health impairment or death, for which the Organiser would be responsible.
- The Organiser is obliged to reply to the Traveller’s claim within the time-limit defined by law.
CATEGORIZATION AND DESCRIPTION OF SERVICES
- The hotels in programmes are categorised according to the official categorisation, on which the Organiser has no impact. Food, comfort, services and other offers including beaches and swimming pools are under the control of the local tourist organisation and the Organiser has no impact on them.
- Smaller, insignificant damages to the room paint and builders’ joinery, algae in the gaps of ceramic tiles, slots at the door designed for ventilation and any other slight errors on the room’s equipment which do not have a significant impact on aesthetic view and its functionality irrespective of the category of the facility cannot be a subject of complaint, since they do not reduce the quality of accommodation of guests.
- Operation of air-conditioning devices is in some facilities related to a specific season, and in some places to the occurrence of high temperatures and is in exclusive competence of the hotel manager. In some hotels, the operation of the air-conditioning devices is linked to the presence of guests in the room and closed balcony doors.
- We advise that prior to the reservation in the catalogue or with the seller you verify the regime of operation of the air-conditioning device in the facility, since failure of operation of the air-conditioning device from the above described reasons does not constitute a deficiency of the travel package.
- With packages categorised as “all inclusive” it is necessary to read the description of services in the programme or offer very carefully, since all all-inclusive offers cannot be equated with each other. Usually, the basic service in all-inclusive is full board (breakfast, lunch and dinner), drinks are also included with meals. Some hotels offer a wide variety of entertainment and some other sports activities without additional charges. Even sun beds and parasols are in some cases included in the price.
ACCOMODATION, DESIRES OF TRAVELLERS
- If the Traveller when making a reservation failed to pay additional charges for a room with special characteristics (ocean view, balcony, equipment, separate beds, location - orientation, specific floor...), he shall accept the accommodation in one of the rooms which are officially registered for issuing to guests in the present hotel. The distribution of rooms is in exclusive jurisdiction of the hotel managers. The Organiser has no influence on this, however he can forward Traveller’s desires, but he cannot assure that the latter shall be complied with.
- With accommodation in a single-bed room, the Traveller must consider that the latter usually does not correspond to the double-bed room standard that it is usually smaller and has a worse position.
- With accommodation in a triple-bed room, the Traveller must consider that it is mostly a double-bed room with an extra bed, whereby the accommodation of the third person does not meet the standard of the accommodation of the other two persons. It is usually a folding bed which according to size and comfort does not equal a normal bed and is mostly suited for children. The Traveller should also consider that a folding bed may significantly limit the movement within the room. Equal warnings apply to double-bed rooms with and an extra bed.
- Customarily, the changing of rooms takes place between 12 p.m. and 2 p.m., and apartment houses between 2 p.m. and 4 p.m. Therefore it is necessary to leave the room at the date of departure by 10 a.m., since the latter needs to be prepared for new guests. For exact times of assuming and leaving the room, regulations of each individual hotel or apartment house apply.
- Optional tours and sightseeing while travelling are organised by local agencies which they offer to the hotel manager in order to diversify its offer. The Organiser has no influence on the implementation of these tours and assumes no responsibility for the correct implementation of such tours or sightseeing, since their implementation is outside of the sphere of his operation, even though Organiser’s representative acquaint Travellers with the offer of such tours at a specific location and help them in ensuring their participation on such tours or sightseeing.
- Due to the protection of his rights in the event of inadequate implementation of such tour or sightseeing, the Traveller must contact the provider of such service directly.
USE OF DATA
- The Agency protects all obtained data on Travellers in accordance with the Personal Data Protection Act. It shall be considered that the Traveller by concluding a Contract agrees to the use of these data also for the purposes of statistical processing, sending notifications related to the travel, quality control and informing about Agency’s offers. If the Traveller does not want this, he may state this when booking a travel, or he may revoke his consent subsequently.
VALIDITY OF Terms & Conditions
- If an individual provision of these conditions is different from the provisions in the programme or a pamphlet for an individual travel, the provisions of a programme or a pamphlet apply.
- These Terms & Conditions apply from the date of their adoption and take effect in all contractual relationships concluded after their adoption.
- If these conditions provide the Traveller with a narrower scope of rights to which he is entitled to, according to regulations applicable on the territory of the Republic of Slovenia, in case of mandatory nature of these provisions in a potential dispute, the provisions of these regulations apply.
- For any potential dispute arising from the contractual relationship between the Agency and the Traveller which cannot be resolved amicably, the competent court in Maribor shall have jurisdiction over dispute settlement, and the law applied shall be Slovenian.
Turistična agencija Sonček d.o.o., Maribor
(Valid from 1 May 2015)