General conditions of organized stay
Customer/guest applies for the information about the services of residence and health services in the Republic of Serbia according to the instructions and conditions listed on the site www.medicaltourisminserbia.com www.healthtourisminserbia.com
Customer/guest residence my apply at other authorized agancy (the mediator) for the organization of stay in the Republic of Serbia.
Organizer of residence in the Republic of Serbia is travel agency with a license issued by the Agency for Business Registers APR of the Republic of Serbia (hereinafter referred "organizer").
Its programs the organizer will publish on this or his web site, or in their printed booklets.
The organizer is obliged to customer/guest to obtain a set of services that are contracted in the service contract for organization of stay (hereinafter PROGRAM - CONFIRMATION OF STAY, or contract).
Oral information, which differ from those contained in the PROGRAM – CONFIRMATION OF STAY, or in the contract is not obligatory for the organizer of the travel.
Customer/guest may be any physical person (physical person-individual or group visits), which can reside on the territory of the Republic of Serbia in accordance with its laws and regulations.
Contract for service of organization of the stay (PROGRAM - CONFIRMATION OF STAY) between the organizers and customer/guest is concluded on the basis of a contractual offer by one contracting party, and accept of the offer of the other contracting party.
Organizer sets a deadline for acceptance in the offer, which contains the date and hour when starts the day and hour when the deadline for acceptance is up. Deadlines are on even if if the organizer or the customer/guest are absent.
In the event of customer/guest absence during the communication with the organizer, they are obliged to appoint a representative of customer/guest, for which the organizers are informed in writing.
Sending or catalogs showing, price lists, tariffs and other information, as well as the ads made in the press, leaflets, radio, television or otherwise, does not constitute an offer for conclusion of the contract with the organizers, but only an invitation to make offers under the published conditions.
Contract for service of organization of the stay (PROGRAM - CONFIRMATION OF STAY) may be entered via: e-mail, fax, telegram, or by sending a letter.
The relationship between the organizer and the customer/guest shall be regulated by these general conditions of contract and the organization of residence (PROGRAMS – CONFIRMATION OF STAY), that the contracted partners accept as an acceptable business practice, based on the general recognition of freedom of contract.
For destinations-places that are more than several hours of driving / flight away, the first and last day of vacation / residence are not considered to be holiday, and can not be treated as one.
Rights and Obligations
Rights and obligations of the organizers of stay:
- to make a contract with the customer/guest;
- to make available in writing or in electronic form, or on site program verification of stay for the customer/guest, and the general conditions of stay;
- to inform them about the possible forms of insurance offered in the Republic of Serbia;
- to organize services that are determined in PROGRAM - CONFIRMATION OF STAY;
- to take care of the rights and interests of the customer/guest in accordance with good business practices;
- to take measures in the interest of security and protection of customer/guest;
- to keep a secret all that he learned about the customer/guest (organizer will not violate this obligation if notice about the customer/guest is sent to the competent and authorized government agencies at their request, or, however, third parties if the customer/guest grant);
- to be responsible for the damage suffered by the customer/guest due to the failure of the organizers, but not for damages in connection with the execution of health services and obligations of third parties selected by the organizers;
- to act according to the instructions duly given by the customer/guest, if they are in accordance with the agreement, common business interests of the organizers, and other customers/guests (if organizer believes that instructions given do not match or are detrimental to the customer/guest they will worm them, and will require new guidelines. If the customer/guest does not provide the necessary instructions, the organizer has the right and obligation to work in a manner that is most appropriate for customers/guest in the given occasion);
Rights and obligations of the customer/guest:
- to become familiar with the details of PROGRAM – CONFIRMATION OF STAY, these terms and conditions-residence and insurance conditions;
- to-own travel insurance policies that provide adequate insurance of residence;
- to inform the Ministry of Foreign Affairs of the Republic of Serbia, www.mfa.gov.rs, about the situation in the country, and through the website of the Ministry of Foreign Affairs of the State through which they pass during transit on the situation in that country or in any other way, especially for the countries of the so-called high or moderate risk before the conclusion of contracts through the site;
- to pay the price to the organizer as it is agreed and specified in the PROGRAM – CONFIRMATION OF STAY (all kinds of services that are not contracted in PROGRAM - CONFIRMATION STAY customer/guest must pay by itself, for example: airport taxes, optional programs, using of chairs and parasols, obtaining visas, tickets for the facilities, services, "room service", using the bar room, recreational, medical, telephone and other services, additional meals, etc.);
- to give truthful and complete information so the organizer could meet its contractual obligations (service user/customer is obliged to inform the organizers about the facts that can have impact on their relationship, otherwise they are liable for the damage suffered by the organizer or another party due to that which was not notified in time);
- to cooperate with the organizer before and during the stay, and after the visit if necessary;
- to give instructions to the organizer in writing about all the elements that determine they choice with all peculiarities that may affect processing of travel and/or stay - details that are foreseen in the contract or PROGRAM – CONFIRMATION OF STAY;
- to enable the execution of contractual obligations of the organizers so that they must always appear at the scheduled time (when in the Republic of Serbia, according to the time in the Republic of Serbia), at marked place, and to cooperate with the guides, assistants, drivers, etc.;
- to compensate for damage to the organizer made as a result of actions or omissions of the customer/guest, as well as other costs in connection with this;
- to take care of their personal documents, baggage, and other personal matters and cases (service user/customer is obliged to take care of their things entered into the means of transport, for giving or taking baggage claim to the carrier, or incorporated in storage facility. All their rights stated above, the customer/guest realizes directly from carriers, service providers, and other accommodation, and according to applicable local regulations);
- that their documents, baggage and other eligible items are in accordance with the border, customs, sanitary, monetary, and other administrative regulations of the Republic of Serbia, and other countries through which they pass on the way to the place of destination, otherwise the customer/guest will bear the risk for all damages suffered by the organizer, and will be obliged to compensate them;
- If the service contract on the organization of the stay is incomplete or of poor quality, it requires proportional price reduction under the condition that the organizer has put a complaint within eight days from the end of travel (customer/guest once that "lack of" is stated must immediately inform the organizer or its local representatives about that. In this way they allow the organizer to be in progress, and to find the appropriate solution and reduce the damage);
- customer/guest undertakes obligation to recognize and respect the code conduct in a particular accommodation facility which can refer to the code of dress, the start and end of the meal, depositing and saving money, time, use the pool or other contents, ban of playing the music in the rooms or accommodation units , drinks taken from the mini bar, smoking ban, bringing in unaccounted persons, depositing other valuables, food and drink intake in the room or in the accommodation units, the inability of accommodation in rooms or accommodation unit before the specified time, the number of people in the room or of accommodation unit, leaving the room or the accommodation units at certain time, etc;
- to obtain all necessary information when selecting destinations, transportation, accommodation, to obtain information regarding passport, visas, other applicable regulations and the like. Request for information and/or notification from the customer/guest must be in writing (letter, e-mail, fax). Organizer advises, recommends, and refers customers/guests to be thoroughly acquainted with the provisions of the regulations of the Republic of Serbia prominent on this site.
Organizer is not responsible for the risks of negligence behavior of one or more customer/guest which can lead to undue delay of other customer/guest at the crossing of any border, or in other cases where the organizer have not suffered damage by themselves, but all other service users/guests have.
Organizer is not responsible, and shall not introduce customer/guest about the terms of other countries (visa, customs, health, et al.) applicable for a transit country, but the obligation of a foreign citizen is to inform the competent consular post, and that needed condition documents are provided timely and orderly.
Organizer assumes no responsibility for lost, damaged or stolen luggage.
Transportation of luggage of certain weight and dimensions, which governs air carrier, is free. For excess baggage customer/guest pays the applicable cost of carrier.
The organizer eliminates the responsibility of those persons over whom the organizer has no direct control, and are not employed by them, as in the case of strikes, confiscation of tourist facilities, closure of borders, natural disasters, terrorist acts, demonstrations, blocking of roads, sanitation and health disorders, communication disorders, war, closure of airports, ports, and everything else that is not in the control of the organizers. In this case, the organizer will do everything to support the customer/guest and/or his family to fulfill their rights.
Organizer can not be responsible to the customer/guest for facultative and subsequently conducted services for which service provider makes additional costs, and that were not given in PROGRAM – CONFIRMATION OF STAY, or that are not contracted in writing.
Organizer shall not bear any liability resulting from the extraordinary changes in working hours and other cultural institutions outside the regular working hours, and which are not advertised at least 60 days before departure.
Payments, cancellation, withdrowal
Prices are established based on business policy, organizers, caterers and/or providers of health services, and can not be the subject of complaints - protest.
When the customer/guest signs verification of PROGRAM - HEALTH STAY, theay are obliged to make a deposit within 3 working days - a deposit amounting to 10% of the total cost of stay, and costs for planned medical services provided if those are subject of the stay - service. Paid deposit - a deposit is included in price.
Deposit – advance, obliges the organizers that the stay is sold, and providers of health services secure the time for the provision of health services, and other service users/guests to respect the conditions of the organization of the stay.
If the customer/guest cancle room or provision of health services or specific services, the organizer uses the deposit – advance to make payment to persons with whom the reservation was made for damage (deposit as backing down).
Upon receipt of invoices (accounts) and certificates of paid deposit - advance, PROGRAM - CERTIFICATE OF STAY start to apply on organizers and customer/guest.
If they can not make payment in the manner and terms defined in PROGRAM – CONFIRMATION OF STAY, the organizer has the right to cancel the organization of stay and health services after the compulsory warning, and to keep the paid-down deposit (deposit as backing down).
If the customer/guest after the payment of advance or the total cost abandons travel-residence as defined in the PROGRAM – CONFIRMATION OF STAY, he is obliged to inform the organizer in writing.
Date of receipt of the written cancellation by the organizers is the basis for the calculation of imburtment which belongs to the organizer and/or provider of health services, expressed in percentages of the total cost, as follows:
100% if you cancel during the stay, starting on the day of the stay, or 5 days before the travel is due,
90% if you cancel 6 to 9 days before the start of the the travel-stay,
80% if you cancel 10 to 14 days before the start of the travel-stay,
40% if you cancel 15 to 19 days before the start of the travel-stay,
20% if you cancel 20 to 29 days before the start of the travel-stay,
10% if you cancel at the time of application and booking - the signing of the contract - PROGRAM – CONFIRMATION OF STAY, and up to 30 days before the travel-stay.
Customer/guest is required to compensate the actual costs made by the organizer, if the cancelation is because of: illness or death of the customer/guest, spouse, relatives of the first order of succession, sibling, or calls for military training, or natural disaster officially declared. In these cases the customer/guest is required to submit evidence to the organizer.
The next can not be considered to be a justified reason for the cancellation or interruption of travel-stay: cases of local terrorist attacks, explosions, infections, epidemics and other diseases, natural disasters, climatic conditions and the like, which is a state of emergency declared by the competent state authorities.
Not getting visas for entry, or denying entry into the Republic of Serbia or any transit country, because of which the customer/guest has to give up the PROGRAM – CERTIFICATE OF STAY, is considered to be his withdrawal - failure in terms of these general conditions.
The organizer can recede out of the contract, or PROGRAM - CERTIFICATE OF STAY, fully or partially, without the obligation for compensation, if before, or during the performance of the contract extraordinary circumstances occure, which could not be predicted, avoided, or eliminated, and which would have represented a justified reason for the organizers to not conclude the contract if they existed at the time of the signing.
The organizer can recede out of contract without the obligation of compensation when the minimum number of service users/guests, as is required for the PROGRAM – CONFIRMATION OF STAY, was not collected, provided that customer/guest is informed in appropriate time period that can not be shorter than five days before the date when the travel-stay was supposed to begin.
In case of withdrawal of organizer from the contract before its execution, the organizer is obliged to return what is received without the need for other compensation to the customer/guest.
The organizer can withdrow from of the contract without the obligation of compensation if the customer/guest interfere with the implementation of travel and/or stay, or if they behave contrary to the provisions of the contract, so that immediate termination of the contract is justified.
If the organizers have canceled the contract during its execution, customer/guest has the right to fair compensation for complete contracted services, and the organizer shall take all necessary measures to protect the interests of customer/guest.
The customer/guest has no right to pass the contracted services (contract assignment) to another person without the written consent of the organizers. With the written consent of the organizers, the customer/guest can appoint another person to use the contracted services (not health), no later than 7 working days prior to the start of the travel-stay, provided that such person meets the requirements prescribed for a specific room, and that customer/guest compensate costs caused by the replacement to the organizer of stay, and to guarantee for the fulfillment of all obligations under the contract, and these general conditions for the other person.
Any changes customer/guest does without the prior consent of the organizer is treated as a cancellation of the trave – stay.
Objections and complaints
Verbal or any other information different from those contained in the PROGRAM-CONFIRMATION OF STAY, or in a separate written agreement, does not obligate the organizers to undertake them, and can not be ground for complaints – objections of the customer/guest.
Each service user/customer - carrier of the contract files complaint separately, because the organizer will not receive nor process group objections - complaints.
If the customer/guest had not arranged specific services - of additional features and qualities, there is no basis for filing the complaint to the organizer.
Right to increase the contracted price
Organizer may require increase of the contraced price only if after conclusion of the contract or signing of PROGRAM - CERTIFICATE OF STAY there had been changes in currency exchange rates, or a change in carrier tariffs, which affects the cost of the stay.
Right to increase the contract price from the previous paragraph organizer can perform only if it is provided in the PROGRAM – CONFIRMATION OF STAY.
If the increase of the contracted price exceeds ten percents, the customer/guest can terminate the contract.
In this case, the customer/guest is entitled to the return of what is paid to the organizer, after the costs incurred by the organizer are payed off.
Accommodation units – accommodation
Offered accommodation facilities, vehicles and other services are described according to the official categorization of the Republic of Serbia.
If the customer/guest has not arranged accommodation of special features, they will accept any residential unit in the accommodation facility described in the PROGRAM – CONFIRMATION OF STAY, whether it is located in the main building, or any other object within the staying capacity.
Arrangement of rooms, suites is determined by the reception of the accommodation unit.
In the case there is a desire to change the accommodation unit, it will be replaced only if the residential facility has the technical capabilities, ie. free capacity, but will not be done if it is not possible.
Special requirements such as outlook, floors, etc., must be specified in the contract or PROGRAM – CONFIRMATION OF STAY.
Replacement of the accommodation contracted by the organizers can be done only by using the facility of the same category, or at the expense of the organizers, by use of multiple category facility at the agreed place of accommodation.
The accommodation facility or accommodation unit whose image the customer/guest had seen in the catalog or on the web site may be different from the real situation due to the renovation, aged photos, shooting angle, or redecoration of the residentional facility or accommodation unit.
If not otherwise agreed, accommodation and leaving of the service users/guest in the accommodation in the building is according to the rules of the residential facility (house rules).
The extension of stay in the accommodation unit is possible only in cooperation with the reception and the residential facility. Customer / guest appears at the reception in person, and the reception grants the stay for additional charge from their price list according to their capabilities solely. Added price may not be subject of objections - complaints.
In the case of the disappearance of money or other things in the accommodation facility, the customer/guest is required to report it at the reception, so they will contact the relevant state bodies that will take the necessary measures.
Accommodation facilities that have safes can make a special charge theur use.
The variety, quality, and service of food mainly depends on the amount of costs, and the category of object. Special requirements must be specified in the contract.
Changes in the PROGRAM – CONFIRMATION OF STAY
In the event that of customer/guest wanting changes in program-certificate of stay, they must submit a written request.
Changes in PROGRAM – CONFIRMATION OF STAY can be made only if they are caused by extraordinary circumstances that could not have been predicted, avoided or eliminated by the organizer.
If there were major changes made in the PROGRAM-CONFIRMATION OF STAY without justifiable reasons that made the customer/guest gave up the travel-stay, the organizer has to return what they have received from the customer/guest in whole.
If significant changes in the PROGRAM – CONFIRMATION OF STAY were made during the execution of the contract, it the the customer/guest give up they bear only the actual costs of the service received.
Insurance during the stay
Insurance during the stay is required. Before signing the PROGRAM - CERTIFICATE OF STAY, the customer/guest delivers information about the type and number of the concluded insurance policies.
In case of problems that may arise due to a dispute between the customer/guest and the insurance company, the customer/guest directs their claims directly to the insurance company.
If the customer/guest is insured, he will receive compensation for the insured case.
Food, comfort and quality of the services depend primarily on the price, and are out of control and influence of the organizers.
Extent of the entertainment, sports, or similar may be limited due to oppinion of doctor, weather, or climatic conditions.
Bank fees for the financial transactions are at the expense of customer/guest.
The organizer recommends that customer/guest uses only authorized exchange offices, banks, or hotels for foreign currency exchange, to avoid possible risks.
For foreign service users/visitors the language of communication is English. The previous agreement with the organizer can state a different language of communication, but it must specified in the contract or PROGRAM – CONFIRMATION OF STAY.
Organizer provides representative from the moment of arrival of the customer/guest, and their all day presence if it was contracted.
If the organized residence contains provision of health care (medical) services, the customer/patient has certain rights and duties which are detailed in the contact with their health (medical) services provider.
Monitoring of the customer/patient by the physician or medical technicians (nurses) during the stay is especially contracted, and must be specified in the contract or PROGRAM – CONFIRMATION OF STAY.
Application of regulations
Regulations of the Republic of Serbia apply on the relations in the contract for the service of organization of the stay, or PROGRAM – SERTIFICATE OF STAY.
In case of dispute, if it can not be resolved peacefully, the juristiction of the the arbitration or court of competent jurisdiction of the Republic of Serbia.
Customer/guest is obliged to comply with all applicable regulations of the Republic of Serbia.
Organizer of the travel advises, recommends, and refers service users/guests to be thoroughly familiar with the provisions of the regulations of Republic of Serbia, and extracts from the provisions of regulations could be seen online on www.medicaltourism-serbia.com, www.heathtourisminserbia.com – rules, or they can ask a lawyer through the columns on the site www.medicaltourism-serbia.com - Ask attorney.
This General conditions of organized stay are valid from July 21st, 2014.