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General conditions of tourist capacities sale through Bookingpoint.net system
- Article 1: general provisions
- Article 2: contract content
- Article 3: catalogues, brochures and other promotion material
- Article 4: reservations and payments
- Article 5: communication among parties
- Article 6: categorization and service description
- Article 7: administrator obligations
- Article 8: buyer obligations
- Article 9: rights of buyer and administrator related to change or cancellation of the contract
- Article 10: insuring the cancellation risk
- Article 11: changing the contract due to reasons of the administrator, damages responsibility and responsibility limitations
- Article 12: solving complaints
- Article 13: personal data protection
- Article 14: legal jurisdiction and legal advice
- Article 15: final provision
- Complaints
- General conditions of tourist capacities sale through the Bookingpoint.net system (further on: the general conditions) are an integral part of each contract on the sale of tourist packages or capacities that the company BOOKINGPOINT.NET turistične rešitve d.o.o., Ljubljanska cesta 12 F, 1236 TRZIN, MŠ: 2040638 (further on: the administrator) concludes within a framework of its activity unless the use of particular provisions of general conditions contradicts the special part of the contract.
- The meaning of particular terms in these general conditions and in the contract:
- Bookingpoint.net: tourist reservation system at the website www.bookingpoint.net;
- Provider: A subject offering its tourist capacities – accommodation and/or other tourist services through the Bookingpoint.net system;
- Buyer: Each physical or legal person performing the demand, reservation or purchase through the Bookingpoint.net system; buyers are considered to be all the persons using the service according to the contract even in case they didn’t sign the contract or are named on the travel confirmation;
- Tourist capacity: accommodation in/or other tourist services;
- Tourist arrangement: in advance arranged combination of two or more services the administrator offers for sale and sale through common price;
- Working days: Days from Monday to Friday, excluding holidays in the Republic of Slovenia or holidays in the country the buyer is coming from.
- The administrator signs a contract on the sale of tourist arrangement (further on: the contract) with the buyer in accordance with these general conditions and special arrangements stated in the travel confirmation. In case of discrepancy among the data in these general conditions and data on the special part of the travel confirmation are valid the data on the special part of the travel confirmation or special part of the contract.
- The administrator signs the contract as a travel organizer in the sense of ZVPot provisions, unless stated otherwise in the special part of the contract. Even when the administrator provides only one service to the buyer counts the concluded contract on tourist arrangement or in other words the administrator must fulfill all the obligations of travel organizer.
- In case the travel organizer that is stated on the travel confirmation isn’t the administrator, for such travel organizer the same general conditions in relation to the buyer are valid.
- The travel organizer issues to the buyer a travel confirmation that must include: place and date of issuing the confirmation, name and address of travel organizer, name and address of actual service provider, name and surname of passengers, destination and stay-over days, place and day of travel beginning and end as well as hour and place of departure and arrival, if transport is included in the tourist arrangement, data on manner, kind, quality and price of transport, as well as transport timetable, if transport is included in the tourist arrangement, data on accommodation including the location of accommodation, data on type and tourist category of accommodation object, number and timetable of meals (e.g. full board, half-board, breakfast), if included in the tourist arrangement, special requests the passenger expressed at the time of registration to the travel organizer, which he confirmed, a detailed travel plan, total price for the array of services included in the tourist arrangement and included within the price, manner of price change upwards and downwards after signing the contract and manner of calculating the change, stating the taxes and fees for services (landing, boarding, fees in ports and airports, tourist taxes), when such expenses aren’t included within the tourist arrangement price, dynamics and manner of payment, stating whether a minimal number of passengers and a time-limit to inform a passenger on possible cancellation of travel consist a condition for the realization of tourist arrangement, in case needed, data on border and custom formalities, health, monetary or administrative regulations and other useful data and the data on insurance the buyer concluded through the organizer or provider of the travel or other data, for which it is considered to be good if they are included in the confirmation.
- Travel confirmation and these general conditions are an integral part of each contract.
- In case individual data on arrangement that the travel confirmation should include are within general conditions or are a part of the offer on website, the travel confirmation can only point to general conditions, published offer and program.
- These general conditions are also an integral part of each travel confirmation, which the buyer receives together with the special part of the travel confirmation through electronic mail.
- The administrator provides the service based on information published and valid on the day of reservation confirmation, as well as after description and the date of confirmed reservation by the buyer, except in case of higher force.
- The offer published in the Bookingpoint.net system is an integral part of each contract.
- Unless otherwise stated in the program the prices are set for an individual tourist arrangement per person per lodging in two-bed rooms. The price includes a basic service as described along the lodging unit with the reservation. Additional services can be provided with previous reservation and are to be paid separately.
- Each person, regardless of age and amount of price reduction, must be stated on the travel confirmation and must possess valid documents.
- In case the person is not stated on the travel conformation, this person is not a rightful claimant from the contract.
- The prices stated in the contract and the program are based on the contract signed with the providers and cannot be higher than the price the provider offers at the location itself. In case the provider offers the same service for a lower price, the buyer can demand a reduction of payment directly from the actual provider.
- In case in the tourist capacity are accommodated more persons than stated on the travel confirmation the provider has the right to dismiss the unannounced guests or are obliged to pay the accommodation to the provider at the location of providing the service.
- The travel organizer will after signing the contract not increase the price, unless changes occurred in the exchange rate of the currency or rates of the transport providers that influence the arrangement price. If these changes caused a reduction in arrangement price the travel organizer will return the price difference to the buyer. The price changes for actual increase or decrease of expenses in relation to tourist arrangement.
- The price of tourist arrangement can increase no later than on the twentieth day before using the arrangement services.
- If the increase in the arranged price exceeds ten percent the buyer can withdraw from the contract without compensating for the damage. In this case the travel organizer must return the paid amount to the buyer.
- Individual details stated in a brochure or a catalogue of the administrator and the actual provider are an integral part of the contract, unless:
- the changes are transmitted to the buyer in writing prior to signing the contract;
- the contract parties agreed on the changes later or the changes are clearly stated on the travel confirmation;
- The administrator on his website continuously provides the access to general information on:
- Travel documents and visas, especially on the time required to obtain them and information on health formalities required for travel and residence in the chosen location;
- Possibilities of health insurance for the buyer;
- Timetable and place the buyer occupies on the transport facility (e.g. cabin or deck on a ship, sleeping coach on a train) in case the service includes transport as well;
- Name and surname, address and telephone number of the administrator, which can be contacted due to possible mistakes in filling-out of the contract or other difficulties, or any other data that would in a simple manner enable contacts with the administrator;
- In case of travel or residence of a minor abroad all the needed information that enable direct contact with the teenager or with a person responsible for the teenager in place of his/her accommodation;
- Information on possibilities of non-obligatory signing of insurance policy to cover expenses if the contract is cancelled by the buyer, and of insurance for the payment of assistance expenses and return home in case of possible illness or accident during the travel; bolezni ali nesreči na potovanju,
- The table is calculated by Bookingpoint.net
- The buyer can at any time from the administrator website transfer the data from previous paragraph in electronic form and fix them in a suitable manner to permanent carrier (paper).
- On the specific request of a buyer the administrator can transfer the data in paper form or through fax to a number specified by the buyer.
- The buyer on the basis of information in Bookingpoint.net system performs the inquiry on available tourist capacity for a specific period.
- Call-center of the administrator with the provider of tourist capacity examines whether the capacity is free. The provider has to respond to the administrator within 24 hours.
- The administrator must respond to the buyer within 48 hours after receiving the inquiry.
- In case the tourist capacity, on which the inquiry was performed, isn’t available, the procedure ends. The administrator can, though, offer the buyer other comparable tourist capacities available. In case the particular tourist capacity suits the buyer the entire reservation procedure is performed again according to this article.
- In case the tourist capacity is available, the buyer must in 24 hours after receiving the notification on available tourist capacity inform the administrator on confirming the reservation and within the following 24 hours present him with a conformation on the payment of the total price. The payment is performed through a credit card or with a payment order.
- Payment conditions can be changed based on special agreement between a buyer and the administrator.
- The total price includes also the tourist tax calculated according with the presently valid regulations. In case due to regulation changes on tourist tax the amount of tourist tax changes the buyer is in case of tourist tax increase pay the tax not later than on the last day of residence, while in case of tourist tax reduction the administrator is obliged to return the difference to the buyer until the last day of residence. In case the provider doesn’t return the difference in the tourist tax or the buyer doesn’t pay the tourist tax difference, the administrator is not held responsible for the payment of tourist tax.
- The contract is concluded when the buyer presents the administrator with the payment confirmation. With the payment the buyer confirms that he/she received all the information stated in these general conditions.
- After the reservation confirmation and receiving the payment confirmation the administrator within 3 working days issues a travel confirmation in electronic form and an invoice for service in electronic form, with which the buyer explicitly agrees.
- The buyer obliges himself to transfer the travel confirmation issued in electronic form onto paper and submit it to the actual service provider at the beginning of using the tourist capacities.
- The buyer can perform the reservation for maximum six months in advance. A special different agreement is possible.
- The buyer performs the inquiry through a web-form in Bookingpoint.net system.
- The communication between the administrator and the buyer is conducted through electronic mail. The buyer is obliged to confirm receiving the notification with return electronic message. Message transmitted by the administrator counts as received by the buyer when the administrator receives the confirmation from the buyer’s electronic address.
- The communication can be performed also through other media (fax, telephone) if the buyer and the administrator explicitly agree on that.
- The buyer must always confirm the reservation in written form or through a payment of the entire total price of the service.
- In case the buyer doesn’t receive anyone of the messages within time-frame determined by these general conditions he can establish contact with the call-center of the administrator and examines whether perhaps an error in communication occurred. The administrator has the same option if the buyer transmitted to him other contact data and did not respond in within the time-frame determined by these general conditions.
- Accommodations in Bookingpoint.net system are categorized according to categorization of the ministry in charge of tourism in the Republic of Slovenia, and include:
- Accommodation and lodging facilities – hotels, garni hotels, motels, lodges, hostels and guest houses from 1 to 5 stars
- Apartments – apartments, apartment villages, apartment houses; from 1 to 4 stars
- Tourist rooms, vacation houses and private apartments; from 1 to 3 stars
- Tourist farms with lodging; from to 4 "apples"
- Outhouses are categorized according to the kind of basic object
- Mountain houses, vacation houses and youth hostels are not categorized.
- The administrator must take care of correct performance of services, as well as for choice of people offering the services, as well as take care of rights and interests of the buyers in accordance with good business practice in tourism.
- The administrator is especially responsible for:
- Reservations;
- Notifying the buyer on all the important circumstances that influence on fulfillment of obligations of the administrator and the buyer according to the contract;
- Offering immediate assistance in the framework of its abilities to the buyer who in the period of using the services according to the arrangement finds itself in trouble due to unpredictable errors, which are not connected to ensuring the contract services and were caused by a third party or are a consequence of higher force or an event that despite careful operations couldn’t have been prevented.
- The buyer must transmit to the administrator exact and real data needed for quality and correct provision of services according to the contract.
- The buyer guarantees the administrator to:
- Provide valid travel documents and data;
- Take into account custom and foreign currency regulations of the republic of Slovenia and the European Union;
- Perform obligatory vaccination in case necessary and provide the confirmation on the fact to the administrator;
- To respect the house order in the tourist capacities and cooperate with the providers and administrators to be able to ensure the service level;
- On the arrival to the location of the provided service to present the provider with a copy on travel confirmation;
- To make sure to possess all the needed documents to enter the Republic of Slovenia or The European Union.
- In case of disrespect or breach of obligations from this article, the buyer is to the administrator and to the provider responsible for all the damages that would occur due to acts or neglect of the buyer.
- The deadline in which the travel organizer can withdraw from the contract is 7 days before the buyer starts to use the tourist capacities.
- The buyer can at any given moment completely or partially withdraw from the contract.
- In case the buyer wishes to change or cancel the contract, he/she must do so in writing (e-mail, regular mail or fax).
- A change in contract is considered a change in the number of people or a change of the beginning and/or end of using the services according to the contract, which needs to be notified no later than 30 days before starting to provide the service. If the reservation was performed less than 30 days before starting to provide the service the change will be performed in case that is still possible. In case the change in contract is not possible, the buyer can cancel the contract.
- The first contract change, in case it is possible without any additional costs, will be performed free of charge. Foe each additional case of changing the contract it will be necessary to pay the costs in the sum of 15 EUR for each change. In case the change isn’t possible, the buyer can cancel the contract.
- In case of canceling the contract by the buyer the date of receiving a written cancellation represents a basis for the calculation of cancellation costs, as follows:
- For canceling the contract up to 30 days before starting to perform the service the travel organizer pays back to the buyer the entire payment reduced by administration costs in the sum of 20 EUR plus transaction costs;
- For canceling the contract from 29 to 22 days before starting to perform the service the travel organizer pays back to the buyer 70% of the paid price;
- For canceling the contract from 21 to 15 days before starting to perform the service the travel organizer pays back to the buyer 60% of the paid price;
- For canceling the contract from 14 to 9 days before starting to perform the service the travel organizer pays back to the buyer 40% of the paid price;
- For canceling the contract 8 days or less days before starting to perform the service the travel organizer does not pay the paid sum to the buyer.
- In case the buyer cancels the contract within 8 days before starting to perform the service, the travel organizer offers, in case possible, to the buyer a possibility to find another buyer/user for the same reservation. In this case the administrator will charge the buyer only for the real expenses caused by the buyer exchange in the sum of 20 EUR. The new contract party thereby takes upon itself all the obligations from the contract and these general conditions.
- The administrator has only the right to repayment of its own expenses, if the buyer withdrew from the contract due to circumstances, he/she could not avoid or repel, and would exist a substantiated reason at the time of signing the contract not to sign the contract if these circumstances already existed, in case the buyer provided a proper alteration or the alteration was found by the administrator or actual provider. The costs of changes amount to 20 EUR plus transaction costs.
- 9/In case the buyer does not arrive to the reserved lodging unit by the hour stated on the travel confirmation on the stated first day of the service and hasn’t notified the manager or the supplier, the contract is considered void, while the cancellation costs are calculated as stated above.
- The administrator is not bound to refund the buyer for the costs incurred due to travel documents or visas connected to the contract.
- In case the buyer at the time of signing the contract assumes that due to certain circumstances (that might occur with him/her or in his/her immediate family) he/she might not be able to attend the travel, he/she can deposit a cancellation fee or authorize the administrator to sign insurance with an insurance company for the risk of canceling the contract.
- The insurance can be signed only at the time of signing the contract and not later.
- The insurance is valid only in case of military draft, illness or death in immediate family (spouse, parents, and children) and can be put into effect only by presenting a proper medical or other confirmation.
- The course of solving the insurance case and the time of solving the insurance case are within the jurisdiction of the insurance company.
Article 11: CHANGING THE CONTRACT DUE TO REASONS OF THE ADMINISTRATOR, DAMAGES RESPONSIBILITY AND RESPONSIBILITY LIMITATIONS
- The travel organizer is responsible for the damages caused to the buyer due to partial or complete breach of the contract according to the general rules determined by the obligation relations.
- The travel organizer can partially or completely withdraw from the contract without refunding the buyer for the damages in case before fulfilling the contract or during fulfilling the contract extraordinary circumstances arise that were impossible to predict nor avoid or repel, which would consist a substantiated reason not to sign a contract in case they had already existed. In such cases the travel organizer does not take upon itself any obligation to refund the damages to buyers, but refunds the buyers for the entire paid amount. Buyers in such casa have no right to claim cost refund for visas or vaccinations demanded according to the program.
- The organizer can withdraw from the contract without returning the damages to the buyer also when not enough people applied, in case this condition was stated in the travel confirmation, under the condition that the buyer was informed of the fact in a written form within a period not shorter than seven days.
- In case of withdrawing from the contract before its fulfillment the administrator will return to the buyer the entire paid amount received from the buyer.
- In case the administrator realizes that he/she is forced before the departure to substantially alter any of the essential contract conditions he/she must in shortest possible time notify the buyer to enable him/her making a proper decision, especially to withdraw from the contract without returning the damages or to sign an annex to the contract. The buyer must on his/her decision immediately notify the administrator. In case the buyer notifies the administrator on agreeing with the change, it is considered as if the annex to the contract was signed.
- In case the buyer due to reasons from previous paragraph withdraws from the contract or the travel organizer cancels the contract before the agreed departure date from any reason not due to buyer’s fault, and the cancellation reasons aren’t circumstances from the second or the third paragraph of this article, the buyer can demand a refund of the paid amount or accept an alternative tourist arrangement of the same or higher quality, in case the travel organizer or administrator, if he/she is also the travel organizer, has such an arrangement at his/her disposal. In case the buyer accepts an offer of alternative tourist arrangement of a lower quality the organizer must refund the price difference to the buyer.
- In case the travel organizer withdraws from the contract during its fulfillment, he/she has the right to rightful payment for agreed services that were performed, but must do all in his/her power to secure the buyer’s interests. In case in the confirmation or the contract on the arrangement a transport to the location of travel beginning was stated, it must be provided to the buyer by the travel organizer. In case the buyer agrees, proper transport to another destination can be provided.
- The travel organizer can alter the arrangement program before or during contract fulfillment only due to extraordinary circumstances, which could not have been expected not avoided or repelled. On the change of the program the buyer must be informed immediately at the time the extraordinary circumstances occurred and the reasons for change must be stated. Costs incurred by the change in program are covered by the travel organizer, while the reduction of costs goes in favor of the buyer
- The travel organizer can under the conditions from the previous paragraph alter the arranged accommodation only for accommodation in an object of the same category or object of higher category and solely at the agreed location. Possible additional costs due to price differences are covered by the travel organizer.
- In case the organizer essentially alters the program during the contract fulfillment the buyer, who because of that withdraws from the contract pays only the costs of the performed services.
- In accordance with Article 894 of the Obligation Statute the maximal refund due to incompletely performed service is limited to the paid sum. The damages are calculated according to the calculation table of Bookingpoint.net, available at Bookingpoint.net.
- The buyer is obliged in writing or in other proper form notify on any error he/she notices during signing the contract on the spot directly to the administrator or actual provider on the same day the error was noticed. The buyer notifies on the error to the Call-center of the administrator. In case the buyer reports the error to the provider is the provider obliged to send the report to the administrator immediately. Simultaneously, the provider must transmit his/her opinion on the reported error.
- In case the buyer doesn’t report the error from previous paragraph and the error could be immediately corrected, in case the administrator and the actual provider were notified on the error, the buyer looses his/her right of claiming the error after the concluded travel.
- The buyer must in case that his demand for solving the anomaly wasn’t successfully solved complain to the administrator in writing in two months after the concluded travel. In case the buyer doesn’t file a complaint in the stated timeframe, he/she looses the right to claim the anomaly.
- In case the buyer didn’t report the error to the administrator and the error couldn’t have been solved despite intervention, the administrator will in accordance with good business practice try to solve the demand of the buyer in favor of the buyer.
- The travel organizer is obliged to respond to the complaint within 8 days or solve it properly in the same timeframe.
- In approving the refund due to unfulfilled service or insufficient fulfillment of the service, as well as refund of other damages the calculation table of Bookingpoint.net is used. The administrator’s decision on solving the complaint is final.
- The error can be reported also on the protocol form available at Bookingpoint.net or with an actual service provider.
- The buyer allows the administrator and provider to process in his/her bases and use all the personal data provided for the needs of signing the contract for the following purposes: statistical data processing, buyer segmentation, processing of past consumer behavior, fulfilling the contract obligations, notifying the buyers on possible product errors, sending offers, promotional material, magazines and invitations to events, as well as for telephonic, written and electronic survey activity.
- Personal data can be processed by the administrator and the provider for a period of 5 years or until canceling the written permission of the buyer.
- The buyer agrees that the administrator and the provider will also in case of canceling the written permission continue to use the personal data of the buyer, but only for fulfillment of contract obligations and claiming the rights from contract relationship.
- The contract parties will resolve all conflicts with agreement.
- In case of conflict the jurisdiction lies with the proper court in Ljubljana.
- The parties agree that Slovenian material law will be used for contract relationship.
- Other provisions as well as possible changes in regulations that are regulating these conditions and are not anticipated with these conditions are used directly.
- In case stated otherwise with these general conditions or with a special part of the contract counts the contract signed in accordance with these general conditions for travel organization contract in the sense of the provisions of Obligation Statute or travel arrangement contract according to the ZVPot provisions.
- In case that the system Bookingpoint.net at any given moment due to any given reason (natural disasters, electricity blackout, system maintenance) do not operate, the administrator is not obliged to pay the buyer any compensation or damages.
- Changes of these general conditions are made by the administrator and are valid from the day of publication at www.bookingpoint.net.
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