GENERAL CONDITIONS FOR TRAVEL AND TOURIST ARRANGEMENTS

Article 1 (general terms and conditions)

The General Terms and Conditions for travel are an integral part of the contract or application for the selected trip or arrangement (hereinafter: tourist arrangement) concluded by Posavc d.o.o, Levstikova ulica 2a, 8250 Brežice (hereinafter: Posavc Agency) and the client who is applying for a specific travel arrangement. If in the contract any points of these General Terms and Conditions are different specified, the statement in the contract applies.

In the case of telephone sales, sales via e-mail or sales online, the client is considered to have accepted the provisions of these General Terms and Conditions when ordering a travel arrangement by telephone, e-mail or online. The provisions of the General Terms and Conditions and instructions can be found on the website: www.visitposavje.com or on any other website where the Posavc Agency, as the organizer, publishes its services online, where they are specially marked and accessible.

The client is any person who has made a valid reservation or made a purchase and payment for a tourist arrangement or other services of the Posavc Agency and to whom these General Terms and Conditions and apply.

Article 2 (prices)

Prices are determined by the travel program and are valid from the date of the publication of the program. The Posavc Agency reserves the right to change the price of the program no later than 15 days before the start of the trip in the event of changes in the exchange rate or to a change in the tariffs of carriers that affect the price of the trip. If the price increases by more than 20%, the client can withdraw from the contract without having to reimburse the damage and the Posavc Agency will refund the amount that was already paid by the client.

The Posavc Agency may stipulate in the program that the client pays for the services which will be performed on the spot. In this case, the Posavc Agency does not act as an organizer, nor as an intermediary, but only as an informant. In this case, the client asserts all complaints exclusively from the service provider on the spot or abroad. Any discounts and benefits are mutually exclusive and do not add up. If several discounts are provided, the client can choose the discount that suits him best.

All prices from the Posavc Agency's offer already include the corresponding value added tax.

Article 3 (services included in the price)

Unless otherwise specified in the program, the price of the programs includes transport services, travel organization and basic accident insurance. Unless otherwise specified in the program, the prices of an individual program apply per person. Prices are valid for the required minimum number of passengers specified in the program, except for closed groups, where the price is determined according to the number of passengers.

Article 4 (special services)

Special services are services that are generally not included in the price of the program (adjustment of the program, special meals, additional tours, services, excursions, etc.) or for which the program provides additional payments (entrance fees ...) so the client pays separately, unless specified differently in the program. In the event that special or additional services are advertised for an individual arrangement, the passenger submits wishes for these services upon check-in, where he also pays for them.

The published prices of additional or special services are valid only in the case of ordering and paying for these services when ordering and paying for the basic program, unless otherwise specified in the program.

During the trip, the client pays for special services to the program manager or a representative of the Posavc Agency in the place where the service is provided, in the appropriate currency, if this service can still be ordered during the trip, and at the price valid on the spot.

Article 5 (application)

The client registers for tourist arrangements organized by the Posavc Agency in its branch office or in writing via e-mail, telephone or online. After registration, the Posavc Agency and the client enter into a contract, which is also valid as a travel certificate and contains accurate information about a specific program, or refers to the program where this information is provided. At the check-in, the client is obliged to provide all the information and submit the documents and documents required by the program, and to pay the registration fee and registration costs. In the event that the client does not provide the correct information at  the check-in, he is responsible for all costs or consequences that accure due to incorrect information. Client's registration is binding. He may withdraw from it only in accordance with the provisions on the client's cancellation of the trip. (Article 9 of these General Terms and Conditions).

The contract is considered concluded on the day of written confirmation by the Posavc Agency. Upon check-in, the passenger signs that he is familiar with the General Terms and Conditions and accepts them in full, whereby the statements of the General Terms and Conditions become a legal obligation for the passenger.

The Posavc Agency must issue a travel certificate to the client at the latest when concluding the travel organization contract or conclude a written contract with the client, which contains all the obligatory components of the travel certificate stipulated by the Consumer Protection Act.

Article 6 (payment)

The day of payment is considered to be the day when the client makes the payment by transfer to the transaction account of the Posavc Agency or makes the payment through the cash register at the point of sale. Upon check-in, the client pays the costs of the reservation or the amount for the services provided up to that moment. The cost of the reservation is 30% of the price of the arrangement, or as much as stated in the program. The remaining part is paid by the client at least 8 days before the start of the trip, or as stated in the program. In the event that the client does not pay the remaining part of the package price within the stipulated period, it is considered that he has canceled the arrangement and the Posavc Agency acts in accordance with the provisions of the General Terms and Conditions on the client's cancellation of the program.

Timely and correctly paid registration costs guarantee the client, under the conditions set out in these General Terms and Conditions, participation or a free place in an individual tourist arrangement or trip. Upon departure, the client is obliged to submit to the travel manager a document on the paid arrangement (application form / voucher / confirmation of payment); otherwise the travel manager will not accept the client on the trip.

Article 7 (severance pay)

When, at check-in, the client anticipates the possibility that he or she may have to cancel the program due to certain circumstances that would occur to him or his immediate family, he or she may pay a cancellation fee. The cancellation fee is 10% of the program price and must be paid upon registration. Thus, in the event of non-participation in the trip, the insurance company refunds the amount paid to the client in the following cases:

The cancellation fee can be claimed only upon submission of the relevant proof no later than within three days from the day when the reason for the cancellation of the program occurred. In the event that the client paid the cancellation fee before the start of the program, and then canceled the trip before departure, he will be refunded the amount paid. In this case, the Posavc Agency has only the right to reimbursement of administrative costs, and the value of the paid cancellation fee is not refunded to the client. The program can specifically determine a different amount of severance pay or that severance pay is not possible.

If the client does not start the trip on the day set as the start of the trip and does not cancel the trip before the start, he is not entitled to claim a refund of the payment based on the cancellation fee paid.

In the event that a client submits an appropriate document upon cancellation of the trip that he cannot travel but has not paid the cancellation fee, the Posavc Agency will withhold a refund for the cancellation of the trip, as specified in the General Terms and Conditions.

If the client withdrew from the contract due to circumstances which he could not avoid or discourage and which at the time of concluding the contract would be a valid reason not to conclude the contract if they already existed at that time, and if the client provided a suitable replacement or it was found by Posavc Agency, Posavc Agency has the right to reimbursement of all its already incurred costs.

Article 8 (submitted or change of the program by Agency Posavc)

The Posavc Agency reserves the right to cancel the trip or change the travel program in accordance with the applicable legislation. The Posavc Agency reserves the right to cancel the trip no later than 3 (three) days before the scheduled departure, if the required number of passengers specified in the program is not registered.

Unless otherwise specified in the program, the following shall apply to the minimum required number of passengers for a given means of transport:

​In cases where the Posavc Agency explicitly guarantees departure in writing or "guarantees departure", it cannot cancel the trip.

The Posavc Agency reserves the right to withdraw from the contract in full or in part if extraordinary circumstances occur before or during the implementation of the program that could not be expected, removed or avoided, and would be for the Posavc Agency a valid reason not to conclude the contract , if they were known at the time of the conclusion of the contract.

The Posavc Agency reserves the right to change the day and time of departure due to extraordinary circumstances (eg. new timetable, precarious situation in the country where the trip is organized, natural disasters,…), which it could not expect or avoid or distract them. The Posavc Agency will inform the client about the change of the program as soon as extraordinary circumstances arise and state the reasons for the change. The costs incurred by changing the program are covered by the Posavc Agency.

The Posavc Agency cannot take responsibility for the program changes due to any force majeure during the program. In this case, it can provide the client with services in a modified form, depending on existing options.

In the event that the Posavc Agency cancels the program, the client has the right to a refund of the paid price of the arrangement. The Posavc Agency shall immediately inform the client of any subsequent changes to the program.

In the event that due to extraordinary circumstances that the Posavc Agency could not expect, avoid or deter, and the situation on the spot does not allow the accommodation of the client in the ordered facility, the Posavc Agency may accommodate the client in the same place in another facility of the same or higher category. The Posavc Agency does not take responsibility for the damage caused by a guest in a tourist facility, catering facility or means of transport.

Article 9 (the client's cancellation or the change of the program)

The client has the right to cancel the trip in writing at the branch where he checked in, via e-mail or online. In this case, the Posavc Agency has the right to reimbursement of travel cancellation costs, the amount of which depends on the time in which the passenger made the cancellation, namely:

With the tourist arrangement "swimming", a refund is not possible.

The amount of the costs of cancellation of the arrangement when the Posavc Agency is not the organizer of the trip, is determined by the general conditions or another act of the organizer. Irrespective of the above-mentioned cancellation costs, they may also be higher when this is conditioned by the conditions of organizing the trip, which are dictated to the Posavc Agency by the valid conditions of sale and are conditioned by the business partners.

In the event that the conditions for reimbursement of costs due to cancellation are determined differently in the program, the conditions set out in the program shall apply.

Upon oral cancellation of the program, the client must sign a written statement of the cancellation of the program. Failure to sign this statement will be deemed not to have been canceled. During the program, the client may terminate the program only at his own request and with a written statement of termination. In the event that the client voluntarily withdraws from the further program in writing during the program, he is not entitled to reimbursement, unless he withdrew due to circumstances which he could not avoid or discourage. If the client changes the program during the trip or does not travel according to the program, which is an integral part of the contract with the Posavc Agency, it is considered that the client has withdrawn from the contract during the trip. In this case, the client is responsible for the costs and the damage he has caused.

Article 10 (sale or mediation of arrangements)

The Posavc Agency is not responsible for services on programs where it does not act as an organizer, but only as an intermediary in concluding a contract for organizing a trip. In such cases, the agency is responsible only for informing or mediating; the information received from the organizer is handed over to the client. All programs where the Posavc Agency acts as an intermediary are specially marked, the Posavc Agency is listed as an intermediary on the application form / voucher.
 
The conditions of registration, payment and possible cancellation of the trip are in accordance with the applicable conditions of the other organizer. It is considered that the Posavc Agency sells such programs in a foreign name and for a foreign account. The client can decide for himself whether to file a possible complaint with the service organizer or the broker.

Article 11 (telephone sales of programs)

In the case of telephone sales, the contract is considered concluded on the day of written confirmation by the Posavc Agency. In the case of an agreement on payment by money order, the client is obliged to pay for the ordered service within the agreed time. In the event that the client does not pay within this period, it is considered that the contract has not been concluded. In the case of a telephone order or sale of a program, if an individual program allows it, the client is considered to have accepted the provisions of these General Terms and Conditions at the moment when he ordered the program by telephone.

Article 12 (sale of programs online)

In the case of ordering or selling the program online on the basis of the application form, these General Terms and Conditions and instructions for tourist programs and special conditions or offers published on the website of the Posavc Agency apply. In the event that the provisions of these General Terms and Conditions and the provisions of special conditions or offers published on the website of the Posavc Agency contradict each other, the provisions of special conditions or offers shall apply. The client shall be deemed to have accepted the provisions of these General Terms and Conditions at the moment when the Posavc Agency ordered the program online. An essential condition for the validity of the application is the payment of the ordered service within the agreed deadline. In the event that the service is not paid for within the specified period, it is considered that the service has never been ordered.

Article 13 (information)

The information that the client receives at the check-in point does not bind the Posavc Agency more than the information in the program. In case of doubt, it is always considered a valid written program, written offer, written information or written explanation. Prices, photos and advertising material on the Internet are of an informative nature. The published websites of hotels and other tourist destinations are used for additional information. The Posavc Agency has no influence on the information published on their pages and is not responsible for it.

Article 14 (complaints or appeals)

Every client has the right to complain or complain about inadequate service. The client must, as soon as possible, notify the service provider, the organizer or seller or the local representative of the organizer or seller, if any, in writing or in any other appropriate form of any error observed on the spot during the implementation of the program. If the deficiencies have not been remedied on the spot, the client may claim a proportional price reduction after the end of the program due to incomplete or poor quality services provided. The client is obliged to file a complaint in writing within two (2) months after the end of the program. In the event that the client misses the statutory deadline for filing a complaint, the Posavc Agency does not consider it.

Without a written complaint, the Posavc Agency does not process requests for price reductions and compensation and other claims. The complaint must be signed and may be submitted by each passenger in his own name or by a third party in writing. The authorization must be attached to the complaint, otherwise the Posavc Agency will not deal with the complaint. The complaint must be substantiated. The client should therefore attach to the complaint the relevant evidence and / or the relevant certificate of the caterer, carrier or other appropriate person on the factual situation on the basis of which the client asserts his claim.

The Posavc Agency is obliged to issue a written response to the said complaint within eight (8) days of its receipt. Until the organizer issues a response to the client's complaint, the client shall not forward the complaint to third parties and competent institutions or provide information to the media and other publics.

The Posavc Agency will not deal with complaints whose content could be resolved on the spot. This is especially true for holidays and related shortcomings (room cleanliness, equipment deficiencies, room location, etc.). In this case, it is considered that the guest has accepted the mentioned shortcomings and has not criticized them.

Article 15 (use of data)

The Posavc Agency protects all acquired data on the client in accordance with the Personal Data Protection Act. By signing the contract, the client is considered to agree to the use of this data also for the purposes of direct marketing, market research, customer segmentation, statistical processing and notification of the Posavc Agency's offer. If the client does not want this, he can state this at the check-in.

Article 16 (travel documents)

A client who applies for a program under which he travels abroad must have a valid passport or other valid document with which he can enter a particular country. In the event that individual countries condition entry into the country with a certain time validity of the travel document before the expiration date on the day of entry, the client is obliged to observe these provisions himself and the Posavc Agency is not responsible for any inconvenience or forced termination of the client's program. Upon registration or by the deadline specified in the program, the client must submit the necessary information and documents for the visa of the country to which he is traveling.

In the event that the client does not fulfill this obligation, the Posavc Agency will act as if the client canceled the program. Due to the requirements in international passenger transport (air, ship, bus…), the client is obliged to provide all the necessary information about all participants of the program that he registers. The data must fully correspond to the data in official documents that the participants are obliged to carry with them in accordance with the regulations on crossing the state border and the relevant foreign legislative acts.

In the event that incorrect information causes a delay, additional costs or interruption of the program, only the client is responsible for all costs incurred by the program participants.

Article 17 (The loss of documents)

If the client loses the documents or they are stolen during the trip, but are necessary for the continuation of the program and / or return home, the client obtains new ones at his own expense, and he can turn to the program manager or a representative of the Agency for advice on formalities. In the event that the client has to interrupt the trip due to the loss or theft of the documents, he is not entitled to a pro rata refund of the paid arrangement.
 
Article 18 (Baggage)

The organizer, agent or broker is not responsible for the transport of luggage and they are not responsible for destroyed or lost luggage, nor for the theft of luggage or other valuables. The client addresses the report of lost or damaged luggage to the carrier.

Article 19 (travel with children)

Every child, regardless of age and the amount of any discounts indicated in each program, must be listed on the travel document or application form / voucher and must have valid documents required to enter the countries to which they travel. In the event that the child is not listed on the travel document or application form / voucher, it is considered that this child does not have the right to travel under this program.

Article 20 (travel of minors)

If any of the persons traveling in the organization of the Posavc Agency is under the age of 18 at the time of the trip, they are obliged to bring with them a properly completed certificate or statement by which the parents or guardians of the minor agree that the minor travels to organization of the Posavc Agency at its own risk or at the responsibility of parents or guardians. If the minor does not have this certificate with him, he cannot travel with the Posavc Agency and the latter reserves the right to dismiss it before departure without special compensation.

Article 21 (passenger liability)

Article 22 (adrenaline rides)

Clients take part in adrenaline rides at their own risk.

When driving  with the UTV 625 EX, it is necessary to have passed the B category exam. For the rental of a four-wheeler UTV 625 EX, a deposit in the amount of 100.00 euros is paid when renting a vehicle. In case of overdue vehicle rental or. damage to the vehicle, the cost is offset by a deposit or the cost is additionally charged to the customer if it exceeds 100.00 euros.

​Article 23 (swimming)
 
The swimming arrangement at Terme Čatež and the Brestanica Swimming Pool also includes transport by the tourist bus according to the dates determined for each tourist arrangement separately.
 
Children up to the age of 7 can only go swimming accompanied by an adult.
 
The prices of individual bathing are published on the website. The Posavc Agency reserves the right to change these prices.
 
To participate it is necessary to register on our online application and purchase tickets at one of the points of sale. In the event that a person buys a ticket but does not register via the online application, the Posavc Agency cannot provide a free seat on the tourist bus and in this case is not responsible if all seats have been filled for the scheduled date.
 
Tickets are valid only on the day of use. In case of loss of the ticket, a duplicate cannot be issued.
 
Once the electronic registration for a certain bathing date has been made, the reserved date can be postponed only if the client informs the Posavc agency in writing or by e-mail at least 5 working days before the appointment. No refund is possible.
 
When using tickets in tourist arrangements, the rules and conditions of Terme Čatež d.d. and Bazen Brestanica (manager: Mladinski center Krško) must be observed. The Posavc Agency is not responsible for the behavior of its passengers and any damage they cause.
 
"Swimming Posavček" can be used by children up to 5 years of age at the Terme Čatež swimming pools, and up to 4 years of age at the Brestanica swimming pool.

The above provisions also apply mutatis mutandis to the tourist arrangement Bathing bus to the sea - Portorož and Bathing bus to the sea - the island of Krk.

Article 24 (wintering and weather conditions)
 
Lack of snow, too low or too high temperature are not reasons that would be considered force majeure, so the Posavc Agency acts in case of client's cancellation due to lack of snow in accordance with the General Terms and Conditions in case of client's cancellation.

Article 25 (amendment of regulations)

If an individual provision of these General Terms and Conditions becomes invalid due to a change in the applicable regulations governing this area, this does not affect the validity of other provisions and thus these General Terms and Conditions.

Article 26 (change of general conditions)

The provider reserves the right to change the terms of business at any time and in any way, for any reason and without prior notice. Changes to the terms of business come into force on the day of publication on the website of Posavc d.o.o.

Article 27 (dispute resolution)

The parties will try to resolve the disputes amicably, otherwise the competent court in Brežice has jurisdiction.

Article 28 (entry into force)
 
These general terms and conditions are valid from 01.05.2016 and are valid until the cancellation or publication of new ones.
 

D I R E C T O R:
Ivan VOGRINC