Company name: BP TOUR d.o.o
Company seat: Prolećna street 20/a, Belgrade
Founded: 3rd of February 2017
Reg. number: 21261734
Director: Nikola Stamenković
GENERAL BUSINESS TERMS AND CONDITIONS
1.PROCEDURE FOR ENTERING INTO AGREEMENTS ON SERVICE PROVISION
The company BPTOUR DOO BEOGRAD (hereinafter: BPTOUR) provides the following services: organization of one-day excursions in Serbia and abroad; assistance to tourists and visitors – activity of tourist guides; booking transport, accommodation and food services, renting vehicles, attending sporting events etc.; sales of tickets for cultural, sporting and entertainment events; sale of travel and package holiday tours, transportation and accommodation services to individuals or business clients, as well as other services in accordance with its activities.
Since the sale of BPTOUR services is based on the Internet, the service can be reserved through the online service https://belgradeprivatetour.com/. Accordingly, the agreement on service provision (hereinafter referred to as: the Agreement) is entered into electronically between BPTOUR and clients (hereinafter referred to as: the Travellers). The agreement shall be deemed to be entered into at the moment when the booking, for which the Traveller has previously filed an electronic application, has been confirmed by BPTOUR. By sending a booking inquiry, the Traveller has accepted the description of the offered service, which as such constitutes an integral part of the Agreement.
2. APPLICATION, BOOKING AND PAYMENT
A traveller files the application in writing by using the form for electronic booking on the website https://belgradeprivatetour.com/ or by sending messages on the BPTOUR profile on social networks such as TripAdvisor, Instagram, Facebook and others or by sending mail to the e-mail address firstname.lastname@example.org, and/or by dialling the phone number indicated on the BPTOUR website. The agreement shall be deemed to be entered into at the moment when the booking, for which the Traveller has previously filed an electronic application, has been confirmed by BPTOUR.
At the moment of registration, the traveller must pay the full service price to make the booking valid, unless otherwise has been indicated in the service description. Payment is made through an invoice to the bank account BPT DOO has at ERSTE bank.
The agreement shall produce a legal effect, not only in relation to the traveller, but also in relation to other users of BPTOUR services for which the traveller presented himself as their group representative at the moment of filling in the application.
3. OBLIGATIONS AND RIGHTS OF THE SERVICE PROVIDER
- to render the reserved and paid service in all aspects in accordance with the service description, and in the event that the contracted service is not rendered, to make the proportional payment of the real difference between the contract price and the price of the service reduced in proportion to the non-performance or incomplete performance of the Agreement (hereinafter referred to: Price Reduction) based on timely and substantiated written complaints – traveller’s complaint in accordance with the law and these General Business Terms and Conditions, unless failures in the performance of the Agreement have occurred: by the fault of the traveller or by the fault attributed to a third person who has not been directly engaged by a service provider for the service provision, due to force majeure or unforeseen events which BPTOUR could not influence in any way and whose consequences are inevitable despite the exercise of due diligence or some other events that BPTOUR could not foresee and overcome;
- in accordance with good business practices in this area, to take care of the rights and interests of the traveller;
- BPTOUR shall not be responsible for the services provided to the traveller by other persons outside the scope of the described service;
- to issue to the traveller the booking confirmation which contains all the elements of the concluded Service Agreement.
4. TRAVELLER’S RIGHTS AND OBLIGATIONS:
- to check all data on the issued booking confirmation and to notify BPTOUR in the event of incorrect information at the same time;
- to get familiar in detail, as well as to inform all persons referred to in the Agreement, with the described service and that if the traveller has special requirements that are not covered by the published description of the service, he/she should point them out before entering into the Agreement;
- to provide optional travel insurance policy on his/her own, because BPTOUR does not provide and is not responsible for insurance policies;
- to pay the contract price of the service under the conditions, within the deadlines and in the manner provided by the concluded Agreement;
- to provide in due time accurate and complete data and documents necessary for organizing the provision of the selected service and guarantees that he/her, his/her documents, luggage, etc. meet the requirements specified by our transit and destination countries (border, customs, sanitary, monetary and other regulations);
- the traveller is responsible for his/her behaviour during the period for which the service is provided by BPTOUR, and is obliged to compensate for all the damage caused to direct service providers or to third parties by violating the legal and other regulations and these General Business Terms and Conditions;
- to promptly appoint another person to use BPTOUR services instead of him/her, to compensate BPTOUR for the actual costs caused by the replacement of the traveller and to jointly and severally be responsible for the unpaid portion of the contract price. The traveller shall guarantee for third party obligations to BPTOUR in case of a replacement;
- to file a reasoned complaint in writing to the BPTOUR representative immediately and on the spot;
- to take care of his/her personal belongings because BPTOUR is not in charge to take care of the traveller’s personal belongings.
5. PRICES AND SERVICE CONTENT:
The prices are published on the BPTOUR website in Euro and payments shall be made through the Chip CArd platform in Euro, in the amount indicated in the description of the service unless otherwise agreed. The prices are defined in accordance with the BPTOUR business policy and cannot be the subject of a complaint made by the traveller.
The contract price shall include a pre-arranged and published service, which may be a combination of two or more of the following services of the average quality: transport, tourist guidance, preparation and organization of trips for which a defined price shall be paid by the traveller (hereinafter referred to as: Tourist Excursion). The cost of a tourist excursion does not include, if something else is not specifically agreed (hereinafter: Special Contract), the costs of: food, travel insurance, personal expenses and other expenses that are not indicated in the description of the published tourist excursion.
The price shall not include and BPTOUR shall not be liable to the traveller for optional and subsequently rendered services, which are rendered and charged by the direct service provider, but which were not defined under the published description of the tourist excursion.
The payment for the services can be made by paying an invoice to the bank account BPT DOO has at ERSTE bank.
6. PRICE CHANGE AND TRAVELLER’S RIGHT TO CANCELLATION IN THE CASE OF PRICE INCREASE
The price of the service is determined and published on the BPTOUR website for each individual service or for a combination of services -tourist excursion, it is binding upon both contracting parties, and as such cannot be increased except in cases specified by the law.
BPTOUR may request an increase in the contract price of the service if, after entering into the Agreement, and prior to rendering of the contracted service, the price increase is increased by the direct service provider, and it negatively affects the increase in the price of the BPTOUR service, as well as in other cases provided for by law. BPTOUR is obliged to immediately inform the traveller about the increase of the contract price electronically. In the case of the contract price increase up to 10%, no special traveller approval is required; however, in the event of the contract price increase of more than 10%, the traveller is entitled to: request replacement for a similar service from the BPTOUR offer without additional payment, or terminate the agreement by written notice without compensation, within the term shorter than 48 hours from the electronic notification by BPTOUR on the price increase. If within a reasonable period of time not exceeding 48 hours from the BPTOUR electronic notification on the price increase, the traveller does not inform BPTOUR in writing that he/she does not accept the change in the contract price, it shall be deemed that the traveller has accepted the contract price increase.
Subsequent reductions in the price of services shall not refer to the already concluded agreements and cannot be the basis for any complaint to be made by the traveller to BPTOUR.
BPTOUR shall be authorized at all times, depending on market trends and its own business policy, to reduce the price of the package tour – which price reduction shall apply only to subsequently concluded agreements other than to already concluded agreements, and cannot be the basis for any claims against BPTOUR to recover any potential price differences.
7. CANCELLATION OR CHANGE OF TOURIST EXCURSION ROUTE
BPTOUR may completely or partially cancel a tourist excursion in the event of emergency circumstances, without any obligation to pay to the traveller any damages or any other compensation.
BPTOUR reserves the right to change the date or hour of the beginning of a tourist excursion, as well as the right to change the tourist excursion route if required due current weather conditions or other emergency circumstances, without any obligation to pay to the traveller damages or any other compensation.
BPTOUR shall not be responsible in case of change of the excursion route due to unforeseen circumstances or force majeure.
BPTOUR is not obliged to start or end a tourist excursion, in case any traveller traveling in the group behaves in such an inappropriate way that it is impossible to start or finish the excursion. In this case, the traveller who has caused the above situation is obliged to compensate BPTOUR for all the damage caused.
8.CANCELLATION BY THE TRAVELLER:
A traveller is entitled to cancel the booked service, of which he/she is obliged to inform BPTOUR by e-mail. The date when the e-mail cancelling the booked service is received by BPTOUR shall represent the ground for calculation of the fee to be charged by the BPTOUR expressed in percent compared to the total price of the service paid by the traveller:
10 % if the trip is cancelled 44 to 30 days before the start of the service provision,
20 % if the trip is cancelled 29 to 20 days before the start of the service provision,
40 % if the trip is cancelled 19 to 15 days before the start of the service provision,
80 % if the trip is cancelled 14 to 10 days before the start of the service provision,
90 % if the trip is cancelled 9 to 6 days before the start of the service provision,
100 % if the trip is cancelled 5 to 0 days before the start of the service provision or during the service provision.
The change of the agreed place, date of service provision, means of transport, non-payment of the contract price, etc. shall be deemed to be a cancellation of the service by the traveller.
The traveller is obliged to compensate BPTOUR only actual costs or expenses (transport costs, organization of services, etc.) if the cancellation has occurred due to: sudden illness of the traveller, his/her spouse, child, parent, brother or sister, adoptive parents and children, death of a traveller, his/her spouse, child, parent, brother or sister, adoptive parents and children, – invitation for taking part in military exercise received by a traveller or natural disaster or state of emergency officially declared by the competent authority of the country to which a trip is organized. For those cases, the traveller is obliged to provide BPTOUR with evidence that he/she exercises rights under the health insurance scheme due to temporary inability to work (certificate by the chosen GP in the field of general medicine, or a discharge form from the inpatient facility expressly confirming sudden illness and inability to travel), and/or certificate of death, and/or the invitation for participating in a military exercise. The cases of local terrorist attacks, explosions, contagion, epidemics and other diseases, natural disasters, climatic conditions, etc., cannot be considered as justified reasons for the cancellation or termination of the booked trip by the traveller, with respect to which a state of emergency has not been declared by the competent state authorities of the domicile or the country to which the trip is organized. A sudden illness implies a sudden and unexpected disease, and/or an infectious disease or an organic disorder that occurs after the conclusion of a travel contract and which is not related to, nor a consequence of a previous medical condition, and it is of such a nature that the traveller requires treatment, stay in the hospital (hospitalization) and prevents the start-use of the contracted service. In case the traveller provides the appropriate replacement or if the BPTOUR itself finds a replacement, BPTOUR is obliged to make a refund to the traveller in the total amount, after deducting only actual and incurred costs.
9. TRAVEL DOCUMENTS, HEALTH AND LEGAL PROVISIONS
The tour operator shall not bear responsibility and not be obliged to inform travellers who are citizens of other countries of the requirements (regarding visas, customs, health provisions, etc.) applicable for the destination or transit country, and a foreign citizen must be informed of these requirements at the competent consulate and the traveller himself/herself needs to meet the requirements and secure the documents in a timely and orderly manner.
Special services related to the traveller’s health condition, such as specific nutrition, allergies, disabilities, etc. must be notified to the BPTOUR in an unambiguous manner (prior to the booking of the service), otherwise BPTOUR assumes no special obligation, or responsibility or damage on this ground.
The traveller is obliged to strictly comply with the customs, foreign exchange and other regulations of the Republic of Serbia, transit and the countries in which he/she resides, and in the event of the inability to continue travel or stay and anything else, all the consequences and costs shall be borne by the traveller himself/herself.
The service price does not include travel insurance, insurance in case of cancellation or insurance of luggage. BPTOUR advises the provision of insurance policy, and/or travel liability insurance, health insurance and accident insurance. An insurance contract is concluded only between the traveller and the insurance company, to which any claims shall be filed directly. A traveller needs to read the insurance terms and obligations under the insurance contract. By entering into the Agreement, the traveller confirms that he/she is informed and notified of the need for the provision of travel insurance policy. The travel insurance policy does not cover compulsory health insurance, and the traveller is advised that he/she should provide the same, as this may be the reason that the border authorities do not allow further travel or that the traveller must pay the significant costs of his/her potential treatments.
10. COMPLAINT PROCEDURE
A traveller shall immediately and on the spot file a reasoned complaint in writing to the BPTOUR representative.
For assistance, emergency and other cases, a traveller may contact BPTOUR by dialling the phone number +381604656138 or by e-mail: email@example.com
BPTOUR shall without delay eliminate the deficiencies in the event of a reasoned complaint, and the traveller is obliged to cooperate in good faith in the complaint procedure in order to eliminate the defects or lack of transparency of the service within a reasonable time, depending on the nature of the complaint and accept the offered solution that corresponds to the contracted service.
If the cause of the complaint has not been eliminated on the spot, the traveller shall with the BPTOUR representative make a written confirmation in two copies which both parties shall fill in and sign. The traveller keeps one copy of this confirmation.
If the cause of the complaint has been removed on the spot, the traveller shall sign a confirmation regarding it, otherwise the fact that he/she has continued to use an adequate alternative solution shall mean that the service has been fully rendered.
The traveller cannot demand a proportionate reduction in the price, termination of the agreement and compensation for damages if he/ he fails to properly and in a prescribed manner, on the spot, immediately and in a timely manner inform the authorized representative of BPTOUR about the deficiencies between the rendered and contracted services. If the deficiencies have not been removed on the spot, the traveller shall within a period of eight days from the date of completion of the service provision, i.e., within thirty days from the date of establishing the deficiencies submit a substantiated and documented complaint only to BPTOUR (written complaint on the spot, invoices on paid expenses, requests regarding the types of non-performed services with indicating the facts and level of non-performance quantified in relation to each traveller, witnesses and other evidence) and demand a refund of the difference in price between the contracted and non-performed or partially performed services. Each traveller who signs the agreement on his/her own behalf and on behalf of the person referred to in the agreement or a person that has issued a proper power of attorney for representation, shall file a complaint individually, as the tour operator shall not consider group complaints. Complaints and other procedures shall be filed by the traveller in electronic form only to the e-mail address firstname.lastname@example.org. BPTOUR shall take into account only timely, reasoned and documented complaints filed by the traveller, the cause of which could not be removed during the travel on the spot and confirm to the traveller electronically the receipt of the complaint, i.e., communicate the number under which his/her complaint was filed in the record of the complaints received.
BPTOUR shall submit a written response within 8 days from the date of receipt of a proper complaint and in the subsequent period of 15 days, if the complaint is grounded, make the refund of the price difference. BPTOUR may extend this period subject to the traveller’s approval and record it in the book of complaints.
If the complaint is not complete and should be supplemented, BPTOUR shall respond to the traveller and ask him/her to supplement the complaint within the prescribed term, under threat of waiver. In accordance with good business practices, BPTOUR shall respond to the traveller within the legal deadline even in case of complaints that have been filed in an untimely, unreasonable or irregular manner. Reduction of the price after the traveller’s complaint may be only up to the amount regarding the complained and non-performed part of the service and cannot include the already used services, or reach the amount of the total contract price.
The amount of compensation, which is paid based on the grounded and timely complaint, shall be proportional to the degree of non-performed or partially performed services. If the traveller accepts the payment of the compensation on the ground of proportional price reduction, or any other type of compensation, it shall be deemed that he/she has accepted BPTOUR’s proposal for a peaceful settlement of the dispute, thus waiving all further claims against BPTOUR regarding the disputed relationship, irrespective of the fact whether he/she has signed a written confirmation of the refund with a clause on the final settlement of disputable relations. It shall be deemed that the refund of the difference in price to the traveller has been effected and an agreement reached with the traveller in accordance with the law, these General Terms and Conditions, when BPTOUR has offered to traveller a realistic difference in the price for inadequately rendered services. Any request by the traveller to initiate proceedings before other persons before the expiration of the deadline for resolving the complaints shall be deemed premature as well as informing the public media and the media in violation of the Agreement.
11. DESCRIPTION OF SERVICES
The description of all the services published on the BPTOUR website represents a standard description of an average quality, typical of the place, transport and facility.
Technical and weather conditions and force majeure may affect the time of commencement or completion of the service, and as BPTOUR cannot influence them it shall not be deemed responsible for them.
12. BOOKING OF THE ACCOMMODATION, FOOD RECOMMENDATIONS, TRANSPORT
The BPTOUR shall make the booking of the accommodation at the traveller’s discretion.
BPTOUR does not provide food services but can organize their provision at the traveller’s discretion; BPTOUR can also recommend the best local restaurants, taverns and gastro bars with various national and international cuisines and culinary delicacies.
BPTOUR will offer the transport service of the Traveller with its own vehicles at the traveller’s discretion.
13. TAILORING SERVICES AT THE TRAVELLER’S REQUEST
Tailoring a service at the traveller’s request (hereinafter referred to as: Tailor-made program) shall mean a service or a combination of two or more services that are not in the BPTOUR offer or the services that BPTOUR has not previously published, but the service that has been made at the traveller’s request.
The Program shall analogously be subject to the provisions of the preceding items of these General Terms and Conditions, unless otherwise specified in this paragraph.
For individual and bookings upon request, the traveller shall be charged a deposit booking cost which cannot be less than EUR 50. If the booking is accepted by the traveller, the deposit shall be included in the service price. If the traveller does not accept the offered or confirmed booking, which is fully in line with the traveller’s requirements, the amount of the deposit shall be retained by BPTOUR.
14. TRAVELLER’S PERSONAL INFORMATION PROTECTION
The traveller’s personal information provided by the traveller on a voluntary basis shall be deemed confidential by BPTOUR. The traveller agrees that the tour operator may use such personal information for rendering the contracted services, while addresses, place, time and trip price or names of co-travellers shall not be communicated to other persons, other than persons specified under specific regulations.
15. COURT COMPETENCE IN CASE OF DISPUTE
In case of a dispute, the court appointed based on the seat of BPTOUR shall exercise competence.