1. GENERAL PROVISIONS
These General conditions and directives for tourist arrangements are comprising part of contract or voucher, concluded by Burjatik turizem in komunikacije d.o.o., (hereinafter referred to as ‘Burjatik’) or designated agency, and passenger, making registration for specified tourist arrangement.
The General conditions are valid for tourist arrangements, organized by Burjatik, and for tourist arrangements of other travel organizers, offered by Burjatik. It shall be considered these General conditions as valid, unless otherwise provided in these General conditions on tourist arrangements by other travel organizers.
Travel organizer is travel agency, which is listed in contract as travel organizer and guarantees for execution of published programme according to arrangement contents. Unless special conditions of operation or individual programme about any paragraph of these General conditions and directives provide otherwise, the statement or provision, listed in the programme, is valid.
In case of phone sale or sale via internet, it shall be considered that passenger accepted the provisions of these General conditions, when they ordered a tourist arrangement by phone or via internet. The terms of General conditions and directives are available for passengers at http://www.wajdusna.com or at any other site, where Burjatik as provider of tourist arrangements in their own name own or on behalf of other agency offers its service via internet, and where provisions are specifically marked and generally available.
Customer or passenger is every person who made a valid reservation or purchased and paid a tourist arrangement or other service by Burjatik and to whom apply these General conditions and directives for tourist arrangements.
Passenger can register for tourist arrangement, offered by Burjatik, at Burjatik establishment or at designated agency. By registration, Burjatik and passenger conclude travel contract, which also presents confirmation of reservation and includes whether data of passenger’s tourist arrangement or refers to arrangement programme where all these data are listed.
Passenger is upon registration obliged to provide all information and documents, demanded by travel programme, and pay the registration fee and registration or reservation costs.
In case passenger does not provide correct information upon registration, they are held responsible for all the expenses or consequences arising from incorrect data.
Passenger’s registration is binding. They can withdraw from registration only in accordance with provisions on passenger’s travel cancellation (Paragraph 11 of these General conditions).
Next to express written statement or signed contract, it shall be considered as binding also every order, delivered in oral or written form, including name and surname of passenger and other participants, credit card number or identification of other instrument of payment, payment of registration fee or its share, payment of registration or reservation costs, or by the act referring to fact that passenger delivered binding registration, or registration which includes one of the listed information.
Contract shall be considered concluded with date of written confirmation by Burjatik.
In case passenger decides for reservation with option (demand or supply) on the part of organizer, conditions listed on option document are valid for concluding contract.
Option is not valid and is not binding in case of force majeure or “stop booking”.
3. REGISTRATION FEE
By decision and price list of the Association of Tourist Agencies of Slovenia, Burjatik can charge customer for its services standard reservation costs and cost for preparation of offer in sale of tourist arrangements in amount of 15 EUR per reservation. In case of more complicated offers for individual travel by demand, Burjatik can charge 21 EUR to passenger in form of tender security for making an offer. In case passenger does not accept the offer, security is non-refundable.
Payment of arrangement is in euros (EUR, €). Date of payment shall be considered the date when passenger makes payment at Burjatik or designated agency cash register or when Burjatik receives payment to current account Burjatik d.o.o.
By registration, passenger pays registration fee in amount of 30% of arrangement price or the amount listed in travel programme, cancellation risk insurance, whether decided for, and reservation costs. The remaining should be paid at least 14 days prior to the start of travel or as listed in the programme.
In case the remaining of contractual obligation passenger or their registration place is not paid in the given time line, it shall be considered they cancelled their travel contract and the provisions of passenger cancellation of travel contract from paragraph 11 of these General conditions and directions for tourist arrangements are applied as appropriate.
Timely and correctly paid registration fee and registration costs guarantee to passenger, under conditions provided by these General conditions and directives for tourist arrangements or under conditions provided with special business conditions or programme, a participation or free place in individual tourist arrangement or travel. The passenger is obliged to pay difference which would occur due to possible miscalculation on document issued by Burjatik (invoice or pro forma invoice), Burjatik is obliged to return passenger eventual overcharge resulting from miscalculation. This obligation is valid until the end of financial year.
Passenger is obliged to present a document of paid arrangement (voucher or/and certificate of payment) to travel manager upon departure; otherwise travel manager does not accept passenger on travel or to arrangement.
Passenger can pay in cash or with other means of payment. In accordance with conditions for non-cash business of financial institutions, with non-cash payment (credit card, Maestro, BA…) of tourist arrangement or other Burjatik service, for case of payment refunding, Burjatik does not refund in cash in any case, passenger can demand credit note, whether they are eligible for it.
When a reservation of tourist arrangement for passenger is made by a designated tourist agency, all the provisions from this paragraph are valid and apply as appropriate also for the designated tourist agency.
Travel prices are defined with travel or holidaying programme and are valid from the date when programme was published.
Next to basic price of tourist arrangement, passenger is obliged to pay all obligatory additional payments (airport, port, security charges, visa, additional payment for fuel, etc.) which are, in case they are not included in basic price of tourist arrangement, summed up with basic price of tourist arrangement in travel contract and with eventual non-obligatory additional payments into closing price, which based on travel contract present the final passenger’s obligation.
Travel organizer has the right to increase prices at the latest 20 days prior to beginning of travel, in case changes occurred in exchange rate of contractual (agreed) currency, increased transport costs, including fuel costs, or to increased charges for appointed services (at airport, in ports, etc.), which have influence on the price of travel. Increasing of price is calculated with same percent as the increased aforementioned elements of calculation. Travel contractor or passenger have the right to rescind a contract on travel organization, if increases exceed 10% of basic price for tourist arrangement. In such a case, they have the right to refunding of paid amount of money without the right of compensation for damage and eventual costs of visa, insurance, vaccination and similar costs.
Organizer notifies passenger of eventual change of price.
Burjatik can define in programme that passenger pays services, performed on-site. In such a case, Burjatik does not act as organizer or agent, but merely as informant. In this case, passenger can ask for complaint claims exclusively by the performer or service provider on-site.
Burjatik can define price of arrangement in programme, whereby explicitly indicates that price can decrease provided there is a certain number of passengers or there are other, specifically defined conditions. Such a provision does not guarantee in any event that the conditions for decrease shall arise and passenger cannot withdraw from contract, if conditions for eventual price decrease should not arise.
Eventual discounts and benefits are mutually exclusive and are not cumulative. If passenger is eligible for more discounts at a time, only the highest discount is calculated. Burjatik reserves the right to price changes, according to Paragraph 900 of Code of Obligations, and to cancellation of travel, if at least the minimum of passengers for travel organization are not registered, according to Paragraph 902 of Code of Obligations.
6. CASE OF INDIVIDUAL REGISTRATION BY ACCOMMODATIONS IN DOUBLE BEDROOMS
In case of individual registration for tourist arrangements or travels, passenger can assign Burjatik to find them a travelling companion in same tourist arrangement to share room with or is willing to share room with. Regardless of aforementioned, individually registered passenger must additionally pay for single bedroom upon registration in case Burjatik does not find such a travelling companion to individually registered passenger.
In case Burjatik finds a travelling companion to individually registered passenger in accordance with first section of this paragraph, the passenger is returned additional payment for accommodation in single bedroom or the additional payment is calculated in final payment for travel.
7. SERVICES INCLUDED IN ARRANGEMENT PRICES
Unless otherwise provided in programme, arrangement prices include transport, hotel and gastronomy services listed in travel programme, as well as travel organization and basic accident insurance. Unless otherwise provided in programme, prices are valid for individual tourist arrangement per person, for accommodation in double bedrooms.
8. SPECIAL SERVICES
Special services are services which are as are rule not included in basic price of tourist arrangement (single bedroom, special diet, optional additional excursions, etc.). In case there are special or additional services issued in individual arrangement, passenger expresses wishes for such services upon registration and there is additional payment added to the basic price of tourist arrangement. Published prices of additional or special services are valid only in case of order and payment of such services, next to order and payment of basic price of tourist arrangement at place of registration.
During travel, passenger additionally pays special services to travel manager or Burjatik representative or representative of travel organizer, who organizes passenger’s tourist arrangement, on location of service, in suitable currency, whether this service can be ordered also during travel, for price, valid on-site.
9. ARRANGEMENTS, WHERE BURJATIK IS NOT TRAVEL ORGANIZER
In case Burjatik is not travel organizer, it acts as an agent. In such cases it passes over received information from travel organizer to passenger and helps in travel registration. The conditions of registration, payments and eventual travel cancellations are in accordance with valid conditions of other organizer. Such programmes are specially marked, suitable mark is given also on travel certificate. It shall be considered that Burjatik sells such arrangements in the name of or on behalf of other organizers. Eventual complaints are solved by travel organizer.
10. TOURIST ARRANGEMENT SALE VIA INTERNET
In case of order or sale of tourist arrangement or travel via internet, these General conditions and directives for tourist arrangements and special conditions of business and offer, published on Burjatik website or on Burjatik agent website, are valid
In case provisions of these General conditions and directives for travel and terms of special conditions or offer, published on website, run counter, the terms published on website count as valid.
It shall be considered, passenger accepted provisions of these General conditions and directives for travel at a point they ordered particular Burjatik service via internet. The basic term for registration validity is payment of complete service within 3 days of forwarding order or registration, unless different time limit is defined. In case service is not paid in specified time limit, it shall be considered it has never been ordered.
11. PASSENGER TRAVEL CANCELLATION
Passenger has the right to written cancellation of travel at place of registration, where registration was made. In case passenger cancels the travel contract, Burjatik has the right for recovery of costs due to travel contract cancellation. Amount of recovery of costs due to cancellation depends on time in which passenger submitted the cancellation. If passenger cancels travel contract, they are obliged to repay the administrative costs in amount of 15.00 € per registration form. The amount of expenses repayment of arrangement cancellation depends on time before the date of commencing the service, in which passenger cancelled travel contract:
Up to 30 days before departure – 10% of arrangement price
From 29 up to 22 days before departure – 20% of arrangement price
From 21 up to 15 days before departure – 30% of arrangement price
From 14 up to 8 days before departure – 50% of arrangement price
From 7 days up to 1 business day before departure up to 6 p.m. – 80% of arrangement price
Day of departure, during travel – 100% of arrangement price
In all cases, where subject of contract is purchase of plane tickets, Burjatik has the right to retain reservation charge (RSF) next to costs of cancellation and administrative costs.
Whether passenger does not turn up or terminates travel contract on the day of travel beginning or even after its beginning, Burjatik or other travel organizer charge them for complete value of the arrangement, which can be increased up to amount of real costs.
Regardless to above specified costs of cancellation, they can be higher when determined by terms of travel organization, dictated to Burjatik by valid sale terms and are dictated by business partners. In case terms for reimbursement of costs due to travel contract cancellation are defined otherwise in programme, the terms in programme count as valid. Upon travel contract cancellation, passenger must present written statement of withdrawal to Burjatik. In case they reject issue and signing such a document, it shall be considered as they did not cancel the travel contract.
During travel, passenger can break off travel at their request or with written statement of suspension. If passenger breaks off travel during travel, they have no right for recovery of costs or purchase price, not partially nor in whole.
Provided passenger changes programme during travel at their request or does not travel by programme, presenting integral part of contract with Burjatik, it shall be considered passenger withdrew from contract during travel. As well in this case they do not have the right for recovery of costs or purchase price, not partially nor in whole. In this case, passenger is held liable for costs and damage, caused by change of programme.
In case of changing programme at own request or due to force majeure, providing there exist no reasons attributable on part of Burjatik for incorrectly performed services, passenger has no right to demand any compensation or price reduction.
Passenger can change name or number of passengers, accommodation, date of travel after concluding contract, provided such change is possible without cancellation of arrangement. In such cases, Burjatik charges the passenger only with administrative costs in amount of 12.00 €. In cases, where costs of change are higher, especially when arrangement includes charter transport or transport by regular airline, and also costs due to cancellation and change on the part of performers occur, Burjatik demands recovery of real costs arising from change.
12. CANCELLATION RISK INSURANCE
Should passenger anticipate upon registration that certain circumstances (that could occur in them or in their immediate family) could prevent them to participate in travel, they can conclude cancellation risk insurance.
Cancellation risk insurance is valid in cases of official summons, unexpected worsening of health condition or death in immediate family (spouse, parents, children) and can be claimed only by submission of relevant certification.
The amount of cancellation risk insurance is 4.02 % of total and final price of travel and must be resolved directly upon registration. Conditions and validity of cancellation risk are determined in insurance contract, concluded with Triglav insurance company.
Different amount of cancellation risk insurance or that insurance is not possible can be specifically determined with programme.
Irrespective of paid insurance, Burjatik has the right to repayment of administrative costs, which are 12.00 € per voucher, if passenger cancels travel. In case, when object of travel contract is purchase of plane ticket, Burjatik retains reservation costs (RSF) next to administrative costs.
Passenger has the right of payment recovery in accordance with paid cancellation risk insurance, in case that travel contract is cancelled at least 1 day before beginning of travel due to above mentioned reasons. Insurance can be exercised only by submission of relevant certification, which must include, as follows: date of worsening of health condition, short medical history, which disabled passenger to travel, line of therapy, information that sick leave coincides with beginning of worsening of health condition.
Should passenger not begin travel on day, appointed as beginning date and does not cancel travel before beginning, they have no right for recovery of payment in accordance with paid insurance. It is considered also that passenger did not start travel or they withdrew from contract, when passenger is not accepted to transport by carrier (airplane, ship, bus or similar) from any reason that can be of security or regulatory nature, regardless of whether it happened at the beginning or during travel. In such case, passenger is held responsible for all damages caused and cannot claim repayment in accordance with paid insurance.
Claim for insurance enforcement cannot be exercised after date of travel beginning as well as for time of unused part of travel.
In other cases of documented force majeure, which do not belong among events covered by insurance and for which passenger cancels travel or withdraws from contract, Burjatik has the right for repayment of all already incurred costs as well as those, arising with travel cancellation. Force majeure must be documented with valid official documents and such that before conclusion of contract could not have been possible to foresee or to be avoided.
In case passenger concludes cancellation risk insurance of tourist travel with any of other insurance companies, passenger’s rights in respect of cancellation are put into force by insurance company, where general conditions of insurance company operation are used. Loss event claim processing and time of loss event processing are settled by insurance company, where insurance was concluded.
13. CHANGE OF REGISTRATION
If passenger cannot participate in travel, they can find a replacement alone at the latest 14 days before the beginning of travel. Burjatik charges 12.00 € for material costs and registration change. This provision is not valid for arrangements including air transport.
14. ORGANIZER’S RIGHT TO CANCEL TRAVEL
In accordance with applicable law, Burjatik reserves the right to cancel travel or to change travel programme. Burjatik reserves the right to cancel travel at the latest 7 (seven) days before the scheduled departure, if there is not a required number of passengers, determined in programme or travel contract, registered for travel.
Unless otherwise provided in programme or travel contract, the minimum number of passengers for certain transportation means is as follows:
• bus travel – minimum of 40 passengers per bus;
• regular airlines in Europe – minimum of 20 passengers in individual group;
• intercontinental airlines – at least 15 passengers in individual group;
• special airplanes, trains, hydrofoil ships – at least 80% occupancy of each.
In cases, when Burjatik makes explicit written guarantee or “guarantees departure”, it cannot cancel travel.
Burjatik reserves the right to full or partial withdrawal from contract, if before or during performance of programme exceptional circumstances occur, such that were not possible to foresee, remove or avoid. For Burjatik, these circumstances present valid reason not to conclude contract, provided they would exist in time of conclusion of contract.
Burjatik can cancel contract or withdraw from contract and demands repayment of damage from passenger who directly violates terms of contract, concluded with Burjatik, especially if it is established passenger deliberately gave incorrect information for number of passengers or of their age, or changes occurred during travel and passenger did not notify Burjatik.
Burjatik reserves the right to change day or time of departure or to cancel travel due to change of airline schedule or force majeure, and the right to change travel direction, should travelling conditions change (new transport timetable, precarious conditions in country, where programme is organized, natural disasters or other unexpected occurrences, on which Burjatik has no effect), without special compensation and according to rules in force for passenger transport.
Burjatik cannot assume responsibility for programme changes due to occurrence of any force majeure during course of programme. In such cases, it can assure passengers changed services according to existing possibilities.
In case Burjatik cancels travel, passenger has the right to whole repayment of paid arrangement price. In case of Burjatik’s cancellation of travel, passenger has no right for repayment of costs for visa, necessary for entering the state of travel, or costs for vaccination, demanded in programme.
Burjatik immediately notifies passenger about any additional changes of programme.
If Burjatik or other travel organizers withdraw from contract during its execution, they have the right to fair payment for agreed services.
Burjatik is not responsible for airplane, ship or train delays, as well as for changes of programme, occurring as consequence of such delays.
In case conditions on-site do not allow Burjatik to appoint passengers in ordered facility, Burjatik can appoint passenger in the same place in other facility of same category.
15. TRAVEL DOCUMENTS AND OTHER PASSENGER LIABILITIES
Passenger is obliged to be informed about rules in force about travel documents, visa, exchange, customs and health regulations. Passenger is obliged to make sure they and their documents as well as luggage meet regulations, anticipated by frontier customs, health and other regulations of their country as well as of the country of their travel or through which they travel.
Passenger, who makes registration to travel abroad, must have a valid passport or any other valid appropriate document to enter a particular country.
In case of children under 15 years travel abroad or from abroad without escort of legal representative, they are required also a permission of legal representative next to travel document. Permission form is of due form. It can be obtained and confirmed at administrative unit, or it can be confirmed by competent authority of the Republic of Slovenia abroad, authorized for dealing with consular matters.
In case of individual countries require entering their state with certain time limit for travel documents before expiration date on day of entering the country, passenger is obliged to take care of these provisions alone and Burjatik is not held responsible in this title for eventual inconvenience or compulsory termination of travel for passengers.
Before travel or until time limit, defined in programme, passenger is obliged to obtain visa for countries of travel and complete vaccination, required for these countries. If passenger does not fulfil these obligations, Burjatik performs according to provisions of passenger travel cancellation. In case of Burjatik arranging visa for passenger, it does not guarantee a successful obtaining of visa. Costs of acquiring and visas are not returned to passengers by Burjatik. Burjatik does not guarantee for accuracy of information, obtained from relevant embassies. In case of denied entry to country or other hindrances, passenger bears all the costs. Mediation of Burjatik in obtaining visa is excluded from price of travel and is paid individually. It is considered that passenger is arranging visa on their own, when Burjatik does not deliver necessary documents for arranging visa in timeline, defined in programme or offer.
Due to demands in international passenger traffic (airplane, ship, bus…), passenger is obliged to give upon registration all necessary information about every travel or holiday participants, who are being registered. Information must fully accurately correspond to information in official documents, which travel participants are obliged to carry along in accordance with rules of crossing the state border and appropriate foreign legislative acts. In case of incorrect information cause delay, additional costs or travel termination, only passenger alone is held responsible for all incurred costs of travel participants.
Passenger is obliged to respect house rules in gastronomy and hotel facilities and cooperate in good faith with organizer representative and service performer. If passenger does not consider their obligations, they are responsible for damage suffered, organizer denies any responsibility for damage, suffered by passenger in such case. During travel, passenger is obliged to behave in a way, which is not life or health threatening for fellow travellers and does not harm course of travel. In case passenger behaves contrary to this provision, organizer representative has the right to exclude them from continuation of travel with no repayment of any costs, except for payments, made on-site.
16. NOTIFICATIONS PRIOR DEPARTURE / TRAVEL
Passenger receives final notification of travel at latest one week before departure; if passenger does not receive notification in this time line, they are compelled to appear at their place of registration. In case other travel organizer arranges tourist arrangement, passenger receives notification of departure at latest two (2) days before departure. In case passenger does not receive notification of departure up to one (1) day before departure, they are obliged to inform themselves about departure at point of sale.
Passenger is liable for damage, occurring from passenger’s incomplete or incorrect address given for filling out voucher or contract.
17. HEALTH REGULATIONS
According to World Health Organisation regulations, passenger is obliged to get vaccinated and provide appropriate document for travelling to specified states. Vaccination is also obligatory if such regulation was adopted after conclusion of travel contract; this is not held as justifiable reason for termination of contract, if there are no contraindications for passenger’s health. In such case, passenger is obliged to provide medical certificate. In case, where certain vaccination is listed or demanded in travel programme, passenger must alone provide international certificate – Yellow Book, with listed passed vaccinations. Burjatik shall not be held responsible for eventual complications or passenger’s travel termination, because of passenger’s disrespect of health regulations of the country, they are entering, or programme, to which they registered, as well as for related costs.
Organizer, retailer or agent are not responsible for transport of luggage and are not liable for damaged or lost luggage as well as not for theft of luggage and/or other valuable items in hotel. Passenger addresses carrier, hotel or other direct service provider about lost or damaged luggage. Passenger must make additional payment to carrier for transport of special luggage, such as a bicycle, usually at departure directly at airport. In any case, it is obligatory to notify transport of such luggage in advance at registration, however, air carrier reserves the right in any case to deny transport of such luggage because of limited capacity. Passenger is liable for any costs or damage, occurring from this situation.
Transport of luggage up to specified weight, determined by carrier, is free of charge. Passenger has the right for free transport of specified weight of luggage (according to carrier’s provisions) with air carrier, every additional kilogram is paid by passenger on-site in appropriate currency or as specified by air carrier. Children up to two years do not have the right for free transport of luggage. Airline company is exclusively liable for luggage with air transport, according to rules in force by international air passenger transport. In case of lost luggage, passenger fills out PIR form of airline company, which performed transport, returns it to airline company representative and keeps one copy. According to the form, airline company repays damage according to rules in force by international air passenger transport.
Burjatik shall not be held responsible for theft or damage of passenger’s luggage or other personal items, valuables and documents out of accommodation facilities (hotel rooms, apartments, etc.) and means of transport (airplanes, buses, ships, etc.). Burjatik shall not be held responsible for punctuality of transport in land, sea and air traffic, in case it is performed with public means of transport, on scheduled and non-scheduled passenger transport, navigation or flight. Carrier’s liability is appropriately specified in contract between passenger and carrier, and enters into force with use of transportation means. Burjatik shall not be held responsible for damage occurring from delays, cancellations or change of transport or transportation means.
Burjatik reserves the right to change schedule, airplane types, carrier and direction of flight (intermediate landings, return flight through other airport, etc.), occurred by various technical and organizational reasons. Delays can also occur, mostly due to congestion of airspace, strikes and bad weather conditions, where organizer has no influence.
Changes from previous section do not count as change of travel programme in package travel arrangements, since first and last day of travel are intended exclusively for arrival and departure to destination and with relating transport, however not rest.
19. LOSS OF PERSONAL DOCUMENTS
If passenger losses documents during travel or are stolen from them, however, they are necessary for travel continuation or return into home country, passenger provides new documents at their own expense. Passenger can seek advice and help in arranging formalities in connection with the matter by travel manager or Burjatik representative or representative of travel organizer, who organized passenger’s tourist arrangement. In case passenger must terminate travel due to document loss or theft, they are not eligible to any kind of repayment of paid travel or compensation of costs.
Information, gained by passenger at place of registration, are not binding for Burjatik more than descriptions in programme or offer. In case of doubt, always count as valid: written offer, written information or written explanation. Prices and photographs published on the internet or advertising material are informative, therefore, Burjatik does not guarantee completeness or credibility of information and appearance, when such a guarantee is not explicitly stated.
21. CATEGORIZATION OF ACCOMMODATION FACILITIES AND GENERALLY ABOUT HOUSE RULES
Accommodations in programmes are marked in accordance with official national categorization in individual countries, valid in time of issue of programme, on which organizer has no influence. Standards for tourist offers among chosen destinations are different and incomparable. It shall be taken into consideration that criteria for categorization in some tourist destinations essentially differentiate from criteria valid in the Republic of Slovenia or in the majority of western European countries, therefore reservation of higher category is recommended for such tourist destinations.
Organizer does not assume responsibility for any written or oral information given on the part of organizer’s designated agency, which does not comply with service description in their programme.
House rules, diet, services, beach and other hotel offer are under supervision of local tourist organizations. Organizer has no influence on these elements as well.
In arrangements, marked with “all inclusive”, description of services in programme or in offer should be read carefully, since “all inclusive” offers vary. Usually the basic service in “all inclusive” offer is full board (breakfast, lunch and dinner), drinks included in meals.
In case passenger does not additionally pay for room with special characteristics upon reservation (sea view, balcony, position – orientation, specified floor), they are accommodated in one of the rooms, officially registered for issuing to guests in hotels. Room distribution is hoteliers’ responsibility, travel organizer does not have influence on this issue, they can only pass over passenger’s wishes, but cannot assure they will be fulfilled. In accommodation in single bedroom, passenger must take into consideration it usually does not comply with double bedroom standard, since it is usually smaller and has inferior position. In accommodation in triple bedroom, passenger must take into consideration it usually means double room with additional bed, where accommodation of third person does not comply with accommodation standard similar to other two persons. Usually it is a roll-away bed, which is not equal to normal bed in size or comfort, but is usually suitable for children.
22. COMPLAINTS OR APPEALS
Passenger must point out irregularities or deficiencies on-site to travel manager, to Burjatik representative or representative of travel organizer, who organizes passenger’s tourist arrangement, to direct service performer or designated local agency in written form. In case, complaint, according to its content, could be settled on-site (e.g. insufficient room cleanliness, equipment, room position, etc.), however, passenger did not point out the fault on-site and did not notify above mentioned persons about irregularities, it shall be considered, passenger agreed with performed service and lost the right to file later complaints demanding lowering of service price or damage repayment. Burjatik shall not discuss complaints to which passenger did not add a report by organizer representative or service provider on complaint, which would prove deficiencies could not have been dealt with on-site.
Appeal procedure: Passenger can immediately make complaint on-site about unsuitable service to organizer representative or in their absence to service provider. Passenger must cooperate in good faith with representative by solving the cause of appeal. If passenger does not accept offered complaint solution, corresponding to paid programme service, Burjatik will not consider further demands for damage repayment or lowering of travel price. If the cause of appeal cannot be eliminated, passenger and representative compose a written confirmation. After returning from travel, passenger must in statutory time of two months send written appeal to: Burjatik turizem in komunikacije, d.o.o., Župančičeva 1c, 5270 Ajdovščina, and enclose evidence, which will prove the merit of appeal (obligatory written confirmation with representative or service provider signature, eventual invoice due to additional costs, etc.).
Organizer is obliged to make first response to passenger in 8 days after receiving appeal, and finally in adequate time line, necessary for gaining information about causes for appeal from service provider; or in time line, necessary for gaining information from third parties in accordance with Article 892 of Code of Obligations. Until organizer issues resolution, passenger refuses to intermediate the appeal to any other person, judicial bodies or to give information to media or other publicities.
Organizer will settle only appeals for which cause could not have been eliminated on-site. In case of complaint for travel, where Burjatik is not travel organizer, Burjatik will pass appeal over to responsible travel organizer and will notify passenger on complaint settlement in written form. In case, where Burjatik is only an informant, passenger must exercise all complaint claims on-site with actual organizer of optional excursion, visit, etc. Without written complaint, Burjatik does not discuss claims for lowering of prices or compensation or other claims.
Complaint must be signed and filed only by passenger on his own behalf or can authorize a third party in written form. Authorization must be enclosed to complaint, otherwise Burjatik will not discuss a complaint.
Complaint must be well-founded; therefore, passenger must enclose adequate proof and/or adequate confirmation from hotelier, transporter or other adequate person about background of situation, according to which the claim is being exercised.
Amount of compensation is in any case limited with the amount of paid arrangement, if due to default, programme or some services were not realized, passenger has the right for compensation in amount of real value of unrealized services. This provision is not valid in case, where Burjatik has the right for arrangement cancellation or change of programme in accordance with provisions of these General conditions and law.
23. TRAVELLING WITH CHILDREN
In individual cases, determined by special tourist arrangement programme, can be determined that minor children up to age, determined with the same programme, who travel accompanied by two adults, can have discount on individual services from part of complete tourist arrangement or on complete tourist arrangement.
Conditions and amount of individual discount are determined in each individual tourist arrangement programme. In case special discount for minor children travelling accompanied by adults are not provided in individual programme, it means that such tourist arrangement does not provide special discounts of this kind.
Every child, irrespective of their age or amount of eventual discounts, must be listed on travel document and must have valid documents, necessary for eventual entering in foreign countries of travel. In case child is not listed on travel document or voucher for individual tourist arrangement, it shall be considered this child has no right to travel in this travel arrangement.
During travel, participants have accident insurance against the risk of death of invalidity, occurring from accident during travel and not caused by the insured person.
26. ORAL INFORMATION
Oral information, received by passenger at places of registration, are not binding for Burjatik more than descriptions in travel programme.
27. USE OF Burjatik Turizem in komunikacije d.o.o. WEBSITES
Burjatik websites are designed, formed and set with the greatest care possible. Nevertheless, Burjatik cannot guarantee for updates, accuracy and regularities of all information on its websites. All information on websites can change without prior notice. Burjatik rejects liability for direct or indirect damage that could occur from use and/or unavailability of websites and data contained. Burjatik also rejects liability in case of reference/connection of its websites with others, owned or managed by third legal or individual parties. Burjatik does not assume responsibility for content of regularity for functioning of such linked websites. Upon visit websites, some information (IP address, date, time, address of entering site) are anonymously saved to server.
28. PROTECTION OF PERSONAL DATA
Burjatik turizem in komunikacije d.o.o tourist agency undertakes not to pass over information, received from websites, written documents of non-text communication to third parties. Sale and free mediation of information to third parties are excluded. All information are handled strictly confidentially, and are used only for internal business evidence and in frames of their intent of mediation. Client information are safe from loss, misuse, unauthorised access, disclosure, change or destruction.
29. SPECIAL PROVISIONS BY CONSUMER PROTECTION ACT
Extracts from Consumer Protection Act – 1, relating to organization of tourist arrangements (valid from 15. 01. 2008):
Use: Act concerns consumers exclusively.
Extent of use: Act concerns exclusively package tourist arrangements and not other tourist services.
Possibility of travel cancellation due to insignificant number of registered participants: Notification to passengers at latest 7 days before departure.
Price increase – only because change of fuel prices, tariffs of exchange rates. Client is notified 20 day before departure, possible withdrawal on part of client if increase is higher than 10% of arrangement value.
Complaint time limit: 2 months from end of travel.
Complaint reply: 8 days after received complaint.
Change of customer upon customer’s wish: 8 days before departure whether change can be arranged – customer’s expenses.
30. FINAL PROVISIONS
Any disputes are settled by the Local Court in Nova Gorica. The prices listed in Burjatik programmes do not include VAT, because Burjatik is not taxable person.
Burjatik turizem in komunikacije d.o.o.
Date of issue of General conditions: 9. 2. 2015
Burjatik turizem in komunikacije d.o.o.
phone: +386 5 366 40 43