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Ljubljana, 15. 04. 2009

Article 1: GENERAL PROVISIONS

  1. General conditions of airline ticket sale via the Bookingpoint.net system (hereinafter referred to as: General conditions) are an integral part of every contract for airline ticket sale, which is concluded by the company BOOKINGPOINT.NET turistične rešitve d.o.o., Leskoškova cesta 10, 1000 Ljubljana, Register No.: 2040638 (hereinafter referred to as: the Vendor) in the framework of its activity if the usage of General conditons does not contradict the special parts of the contract.

  2. Explanation of individual expressions in these General conditons and the contract:
    1. Bookingpoint.net: reservation-sales program that can be found on the web page: www.bookingpoint.net;
    2. The Customer: Every physical or legal person that makes a demand, reservation or purchase using system Bookingpoint.net; The Passenger includes all persons that shall use the service in accordance with the contract, even if they are not the person that concludes the contract but are mentioned on the ticket;
    3. The Transport operator is the person that transport passengers, luggage and cargo on the basis of a contract.
    4. Executive Assistant is a person that works on the order from Transport operator or on his behalf to execute the transport;
    5. A Passenger is a physical person that has the right to airline transport on the basis of the contract;
    6. International transport is an airline transport with the departure point and the destination point in the territories of two countries, or in the territory of only one country if a landing on the territory of another country is foreseen;
    7. SDR (Special Drawing Rights) are special rights of drawing (accounting unit), as defined by the International Monetary Fund with its relation to Slovenian currency or value, which is published by the Bank of Slovenia;
    8. Airplane includes any machine that can remain in atmosphere due to reaction of air, with the exception of the reaction of air on earth surface (aircraft).
    9. Working days: Days from Monday to Friday with the exception of holidays in Republic of Slovenia or holidays in the Passenger's state of departure.

Article 2: CONTENT OF THE AIRLINE TICKET SALE CONTRACT

  1. The Vendor concludes a contract with the Passenger for airline ticket sale (hereinafter: Sales contract) in accordance with these General conditons and special agreements that are indicated on the airline ticket and travel certificate. If there are discrepancies between data in these General conditions and data in the special part of the travel certificate, the data in the special part of the travel ecrtificate or in the special part of the agreement shall be considered as valid.

  2. In order to purchase tickets online, the purchaser must select an available ticket and submit his/her credit card details. The credit card details are submitted via a secure link and the ticket will be sent to the customer within a period of 24 hours. In the event that the carrier notifies us within the period of 24 hours that, due to objective reasons, the desired ticket(s) can not be issued under the selected conditions, we are obliged to inform the purchaser of the new conditions. If the buyer does not accept the new conditions, we are entitled to return the entire purchase price to the purchaser.

  3. If tickets are demanded via telephone or e-mail, the Vendor shall send the Customer an offer, which contains "itinerary" shedule and total price. The offer expires within 3 days with the exception of last minute reservation. In case of last minute reservation, the validity duration of offer shall be stated on the offer itself. By transferring the funds, the Customer purchases the ticket, which shall be received no later than 48 hours via e-mail.

  4. With this purchase of the airline ticket, the Passenger and Transport operator conclude a Transport contract with the content in accordance to Article 5 and 6 of these General conditions, unless otherwise stated on the ticket.

  5. All conditions of travel, such as Transport operator, exact flight schedules, potential limitations in carrying capacity, cancellations, reimbursments and name changes can be found on the airline ticket. The amount of potential airline ticket cancellation costs is in the sole competence of the Transport operator.

Article 3: COMMUNICATION BETWEEN PARTIES

  1. Customer can demand the ticket by filling out an internet form in the Bookingpoint.net system, via e-mail or over the telephone.

  2. The Vendor and the Customer communicate via e-mail or over the telephone. The Customer is obliged to confirm the reception of message with a return electronic message. A message from the Vendor counts as being received by the Customer only when the Vendor receives a confirmation from the e-mail address of the Customer.

  3. Customer and Vendor can also communicate via other media (telefax, telephone) if they conclude an explicit agreement concerning their communication.

  4. The Customer must always confirm his reservation in writing or by paying the total sum of the service.

  5. If the Customer does not receive any of the messages in deadlines that are set in these General conditions, he can contact the Call centre of Vendor to verify if a potential error in communication occured. The Vendor has the same option if the Customer forwards him other contact data and he does not respond in the time that is set in these General conditions.

Article 4: OTHER PROVISIONS AND NOTIFICATIONS FROM THE VENDOR

  1. PRICE OF AIRLINE TICKET: The price of an airline ticket includes costs of transporting the Passenger and his luggage, which can weigh as much as defined by the Airline transport operator. Heavy luggage that is transported for free by the Airline transport operator varies with respect to the final destination of travel. The luggage that is heavier as the maximal allowed weight is paid by the Passenger separately and in accordance with the price list of the Airline transport operator. The reservation does not guarantee a certain price for the Passenger, but only a place on the reserved flight if he respects the conditions of an individual Transport operator that concern seat reservation. Prices of airline tickets are expressed in the currency of the state of departure and are calcuated from the basic currency into EUR using the currency ratio that is defined by the Transport operator. Price of the ticket is accounted in EUR in accordance with the exchange rate on the day of purchase. The Transport operator reserves the right to changes in prices and ticket purchase conditions without prior notice. The price of airline ticket is only assured when the Customer pays the total purchase price at the time of making the reservation.

  2. Specifics for Transport operators from the member states of the EEA: 2. Airline transport charges and tariffs for the public include those conditions that are valid when the charges and tariffs for air transport from the airports on the territorry of member states for which this contract is valid are offered or published in any form, including the internet. The final price of airline transport charges and tariff is always stated and indicates the total paid price with all taxes, contributions, additional tributes and fees, which are unavoidable and anticipated in the time of publishing. At least the following has to be quoted in addition to the closing price:
    1. Airline transport charges or tariff;
    2. Taxes;
    3. Airport fees and;
    4. Other contributions, additional tributes or fees, especially those related to security or fuel, if the items from (b), (c) and (d) were added to the transport charges or tariffs.

The possibility of supplementary payment must be communicated in a clear, transparent and unequivocal manner at the beginning of ticket purchase, and the Customer is free to choose the payment method by himself.

  1. AIRPORT AND SECURITY FEES: The Passenger is also obliged to pay for costs of airport and security fees at the airports and for Transport operators that demand such payments in addition to the price of the airline ticket, when purchasing the airline document–ticket. Some airport charge fees on the spot and their fees are not included in fees that are charged when purchasing the ticket. The Vendor diverts these fees to the Transport operators in their entirety . The Vendor informs the Passenger about the amount of fees only for the airports that demand such fee be paid when purchasing the airline ticket. Fee amount changes with respect to the instructions from the authorized bodies on whose account the fees are charged. Fees are expressed as local currencies of airports and are converted to EUR in accordance with the currency exchange rate in validity on the day of ticket purchase.

  2. TRAVEL DOCUMENTS: Passenger that registers for travelling abroad has to have a valid passport or other valid and suitable docuent that allows him to enter an individual state. If entry into individual states is conditioned by them with a specific time validity of the travel document before the validity expires on the day of entry, the Passenger is obligated to observe such provisions himself, while the Vendor can not be held accountable for potential inconveniences or forced travel termination from this title. The Passenger is obliged to acquire visas or other required certificates for the states of destination or states through which he shall be travelling, before the said travel or until the due date. If the Passenger fails to meet these requirements, the Vendor shall not be held responsible for incurred costs. If the visa of the Passenger is managed by the Vendor, the latter does not vouche for the success of acquiring a visa. Costs of acquiring the visas shall not be reimbursed by the Vendor. The Vendor does not guarantee the accuracy of information that were acquired through competent embassies. If an entry to a state is denied or other obstacles occur, the costs shall be borne exclusively by the Passenger himself. Intervention of the Vendor in relation to visa acquisition is paid separately. The Passenger is obliged to provide all the necessary data about all participants on the registered travel when making the registration, due to demands of the international Passenger traffic. Data must completely correspond to data in official documents that have to be carried by the travel participants in accordance with the regulations on crossing the state border and pertinent foreign legislation acts. If incorrect data cause delay, additional costs or termination of travel, the Passenger shall be the sole responsible persons for costs incurred to travel participants.

  3. CUSTOMS AND FOREIGN CURRENCY REGULATIONS: The Passenger is obliged to respect all customs and foreign currency regulations of the Republic of Slovenia as well as regulations of all other states of destination or states through which he is travelling. If the travel of the Passenger can not continue due to breaches of regulations, the consequential costs and consequences incurred to him and all the fellow passengers shall be borne solely by the Passenger.

  4. HEALTH REGULATIONS: If the Passenger is travelling to an area that demands certain vaccinations, each Passenger must by himself acquire an international certificate – the yellow book that indicates received vaccinations. The Vendor is not responsible for potential complications or termination of the Passenger's travel due to Passenger's breach of health regulations of the state he is entering, and for costs that are related to it.

  5. PASSENGER'S CANCELLATION OR CHANGE IN TRAVEL: The passenger has the right to cancel his reservation or airline ticket at the point of registration in oral or written form. With respect to reimbursement of the purchase price of the document and related fees or payment of costs that are incurred by cancellation, the conditions of the Airline transport operator, which were communicated to the Passenger at the time of reservation/purchase, shall be considered as in force. The purchase price or a part of it, can with respect to the conditions of the Transport operator only be returned to the Passenger by the Vendor in the case when the Passenger returns the travel document in its entirety and when the Vendor receives reimbursed purchase price for the airline ticket from the Transport operator.

  6. RECLAMATIONS AND COMPLAINTS: If the service was not complete or was not done, the Passenger is obliged to acquire a suitable certificate from the Transport operator that failed to complete the said service or executed it deficiently (certificate of flight cancellation, delay, lost luggage etc.). The Passenger must address a written reclamation to the Transport operator that is responsible for the reclamation – with respect to the received certificate. Reclamation must be written in English language or the official language of the state where the Passenger has his seat. You can contact Vendor for advice and help when managing formalities. The Vendor shall not be held responsible in any case of a deficient service or service that was not performed by the Airline transport operators and does not assume any material or other responsibilities in their name.

Article 5: TRANSPORT CONTRACT CONTENT

  1. The ticket is not valid and shall not be accepted by the Transport operater if it was not issued by the Transport operator, ticket issuer or his authorized agent. 

  2. Transport and other services offered by the Transport operator are subject to conditions of transport, which can be found in this document together with other conditions. These conditions can be acquired from the Transport operator that issues the ticket. This travel program/certificate represents a travel ticket in accordance with Article 3 of Warsaw and Montreal Convention, unless the Passenger is given another document by the Transport operator that corresponds to demands of Article 3.

  3. Warning: If the final or intermediary station of the Passenger is in a state that is not the same as the state of departure, the Warsaw Convention is considered as valid. The Convention regulates and in majority of cases limits the responsibilities of the Transport operators for the cases of death or injury to the Passengers as well as for loss or damages to the luggage. See also warnings "An advice for Passengers on international routes in relation to limited responsibility" and "Notification on limited luggage responsibility".

Article 6: TRANSPORT CONTRACT CONDITIONS

  1. The Ticket in this contract relates to Passenger's ticket and luggage ticket, or, if an electronic ticket is issued, the travel program or certificate, that is partially composed of these conditions and warnings; Transport is simply transport; Transport operator relates to all airline Transport operators that perform or organize transport of the Passenger or his luggage or perform other services in relation with the airline transport; Electronic ticket is travel program, which is issued by the Transport operator or third party in his name, and substitutes electronic coupons and can also serve as entry document, if needed. The Warsaw Convention is a Convention on unification of stipulated regulations that pertain to the international airline transport, which was signed on 12th October 1929 in Warsaw, with an Annex, which was signed in Hague on 28th September 1955. The Convention or its Annex can be used.

  2. The transport, according to this contract, is regulated by the rules and liability limiations from the Warsaw Convention, with the exemption of international transportation defined in accordance with this Convention.

  3. If it is not in opposition with the abovementioned provisions, the following is valid for the transport and other services that are performed by the individual Transport operator:
    1. Provisions, stated on the ticket;
    2. Tariffs in force;
    3. Transport operator's conditions for transport and related provisions that are a part of this text (they can be accessed on demand from the Passenger at Transport operator's places of business), with the exceptions of transport between cities in USA or Canada and between any cities in other states where tariffs, which were adopted in the said country, are in force.

  4. The name of the Passenger may be abbreviated on the ticket, if the complete name and the abbreviation are stated on the price list of the Transport operator, conditions of transport, provisions or flight schedules; the address of the Transport operator is the airport that represents the departure point of the Passenger and is written adjacent to the first abbreviation of the Passenger's name on the ticket; agreed intermediary stations are those stations that are indicated on this ticket or in flight schedules of the Transport operator as regular stations on the route of the Passenger; Transport that is performed by several Transport operators successively is one operation.

  5. Airline transport operator that issues a ticket for the flight routes of another airline Transport operator can only do this as his agent.

  6. Every exclusion or limitation of Transport operator's liability is valid for a certain transport and serves to the advantage of agents, employees or representatives of the Transport operator and every airplane owner, if the airplane is used by other Transport operators and his agents, employees and representatives.

  7. Submitted luggage shall be handed over to the bearer of the luggage ticket. If the luggage was damaged during an international transport, the Passenger must write a complaint to the Transport operator as soon as damages are discovered but no later than in seven days from reception; in case of delay in handing over the luggage, the Passenger must write a complaint in 21 days from the day of the luggage reception. See tariffs and traffic conditions for transport on internal flight routes.

  8. The ticket is valid one year from the date of its issuing, unless otherwise stipulated on the ticket, on price list, in transport conditions or in other provisions. The price that is in accordance with this contract can change prior to the transport. The Traffic operator can refuse the transport if the passenger does not not pay the ticket at the valid price.

  9. The Transport operator shall endeavour to transport Passenger and luggage in the shortest time possible. Times in flight schedules or anywhere else are not guaranteed and are not a part of this contract. The Tranasport operator can appoint another Transport operator as his substitute or change the airplane and, if necessary, change or omit intermediary landings, which are indicated on the ticket, without any prior notice. The flight schedules can be changed without any prior notice. The Transport operator does not assume any responsibility in relation to the connections with subsequent flights.

  10. When travelling, the Passenger must take into consideration demands of the government in certain state, he must show exit and entry or other demanded documents and arrive to the airport in the time that was set by the Transport operator, or if the time is not set, early enough to complete all the necessary procedures prior to the departure.

  11. None of the agents, employees or representatives of the Transport operator holds the right to change, adapt or exclude any provisions from this contract.

  12. THE TRANSPORT OPERATOR HAS THE RIGHT TO REFUSE TRANSPORT TO ANYONE THAT ACQUIRED THEIR TICKET BY BREACHING LEGISLATION, TARIFFS OF THE TRANSPORT OPERATOR, REGULATIONS AND DECREES THAT ARE IN FORCE.

Article 7: ADVICES TO PASSENGERS TRAVELLING ON THE INTERNATIONAL FLIGHT ROUTES WITH RESPECT TO LIMITED LIABILITY

  1. Travellers with final travel destination and intermediary stop in a state that is not the the state of departure, are hereby informed that the provisions of Warsaw Convention can be valid for the whole duration of the travel as well as for those parts of the route that are in the state of departure or in the state of destination. Convention and special transport contracts in accordance with the tariffs in force propose that the liability of the Transport operators, which sign such special agreements for the case of death or bodily injuries of the Passengers travelling to the USA, from the USA or with their intermediary stop in the USA, be limited to 75,000 USD for proven damages per traveller in the majority of cases and that the liability up to this limit is not dependent on the negligence of the Transport operator. The liability of the Trasnport operator in the case of death or bodily injury caused to the Passengers is mostly limited to approximately 10,000 USD or 20,000 USD for Passengers that travel with the Transport operator that did not sign such special agreements or for Passengers that do not travel to the USA or from the USA, or do not have intermediary stops in the USA. The names of Transport operators that did not sign this special agreements can be acquired in every place of business held by the said Transport operators, and can be verified on demand. Additional insurance can be acquired by concluding an insurance with private company. Such insurance is not affected by limitations of liability for the Transport operator on the basis of the Warsaw Convention or special agreements concerning transport. Further information can be demanded from your Airline company or from the representative of the insurance company.

  2. Note: The abovementioned liability that is limited to 75,000 USD includes court taxes and costs, unless the demand was filed in a state, where special provisions, which demand a separate payment of these taxes and costs, are valid. In these cases, the limited liability amounts to 58,000 USD and does not include court taxes and costs.

  3. NOTIFICATION CONCERNING LIMITED LIABILITY FOR LUGGAGE: Liability for loss, delay or damages to the lugagge are limited, unless the luggage is registered in advance with a higher value and additional costs are paid. The majority of international travels (as well as a part of travels within home state) limit the responsibility to approximately 9.07 USD for a pound (20.00 USD for a kilogram) of submitted luggage and to 400.00 USD per person for unsubmitted luggage. In case of travels that occur exclusively between cities in the USA, the federal provision demand that the limited liability for airway delivered luggage amounts to at least 3,000.00 USD per person. The registered value of certain products can be larger. Certain Transport operators do not assume liability for fragile, valuable or perishable products. Additional information can be acquired through the Transport operator.

  4. NOTIFICATION CONCERNING OFFICIAL TAXES, FEES AND COSTS: The price of a ticket can include taxes, fees and costs that are demanded by the airline transport state authorities. These taxes, fees and costs, which can represent an important share of airline transport costs, can be included in the price of transport or can be separately indicated on the said ticket in columns titled TAXES, FEES AND COSTS. You will potentially be obliged to also pay taxes, fees and costs that previously were not charged yet.

  5. The following notification is not related to tickets that are sold within the USA for transports that depart from the USA. COMPENSATION FOR DENIED ENTRY ON THE AIRPLANE: In states that allow compensations for the Passengers on the basis of provisions, the Transport operators have to offer the Passengers a compensation in accordance with the compensation plan when the flights of the Passengers were not confirmed despite confirmation of the ticket, because there were too many reservations. Details about these plans can be acquired by the Passengers in places of business of such Airline companies.

  6. TIME FOR FLIGHT REGISTRATION: Indicated times on the airline ticket or in the travel program (on the certificate, if needed), represent airplane departures. The time for flight registration, as advised by the Transport operator or as stated on the flight schedule of the Airline company is the time limit when the Passengers can still board the plane while having enough time for managing all of their formalities. The flight can not be delayed if the Passengers arrive too late and no liability can be assumed in such cases.

  7. SUBMITTED LUGGAGE: Passengers are usually allowed to carry a certain amount of luggage for free, but its weight differs with respect to individual Airline companies, class and/or route. Additional costs can be charged for submitted luggage that exceed the allowed weight.

  8. PERSONAL LUGGAGE: Passengers are usually allowed to also carry personal luggage, but its weight differs with respect to individual Airline companies, class, route and (or) airplane type. We recommend the Passengers to carry minimal amount of personal luggage. Refer to your travel agent or the airline company for specific information. Data can also be found on the web page www.iata.org and on web pages of airline companies.

  9. DANGEROUS ITEMS IN LUGGAGE: Passengers are forbidden to carry the following dangerous items in their luggage due to security reasons: compressed gasses, corrosive substances, explosive substances, flammable liquids or objects, radioactive substances, briefcases with integrated alarm devices, oxidizing substances, poisons and infectious substances or other dangerous items.

Article 8: NOTIFICATION ON LIMITED LIABILITY

  1. Your travel can be regulated by the Montreal or Warsaw Convention. Both Conventions can be used to define and limit the Airline transport operator liability in the case of death, bodily injury of Passengers, loss or damages to the luggage and delays.

    1. If the Montreal Convention is used, the liability limitations are:
      • No financial limitations in the case of death of bodily injuries.
      • In the majority of cases related to destruction, loss, damages to the luggage or delay in delivery of the luggage, the Special Drawing Rights in the amount of 1000 units (approximately 1200 EUR or 1470 USD) per passenger are accounted as valid.
      • In majority of the cases of injuries that were caused by delay in your travel, the Special Drawing Rights in the amount of 4150 units (averagely 5000 EUR or 6000 USD) per Passenger are accounted as valid.
        EC Regulation No. 889/2002 demands that the airline Transport operators from European Union use limitations of regulations from the Montreal Convention for all airplane transports of Passengers and their luggage. Many of the Airline transport operators outside the European Union also decided to do the same for transport of Passengers and their luggage.

    2. If the Warsaw Convention is used, the liability limitations can be the following:
      • 16,600 Special Drawing Rights are accounted as valid (approximately 20,000 EUR or 20,000 USD) in the case of death or bodily injuries, if the Hague protocol is used with this Convention, or 8,300 Special Drawing Rights approximately 10,000 EUR or 10,000 USD) if only the Warsaw Convention applies. Many Airline transport operators freely renounced these limitations in entirety; the regulations of the United States of America demand that the travel to the USA or from USA or with agreed intermediary stop in the USA does not fall below 75,000 USD.
      • 17 Special Drawing Rights are accounted as valid (approximately 20 EUR or 20 USD) per kilogram in the case of loss or damages or delay of registered luggage and 322 Special Drawing Rights (approximately 400 EUR or 400 USD) for unregistered luggage.
      • The airline Transport operator can also be held liable for damages caused due to delay.

    Additional information and limitations related to your travel can be acquired from your airline Transport operator. If your travel includes transport with different airline Transport operators, you can acquire the information on valid liability limitation from each individual airline Transport operator. You can take advantage the higher limitation of liability limitation in the case of loss, damages or delay in luggage delivery by entering the value of your luggage in a special declaration when registering the luggage and by paying an additional fee, regardless of the Convention under which your travel is regulated. If the value of your luggage exceeds certain liability limitation, you must, however, insure the full value of the luggage prior to your travel.

  2. Time limitation for lawsuits: Each lawsuits for damage claims must be filed in two years from the date of arrival or the date when the airplane is supposed to land. Reclamation after taking over the luggage: A written notification must be submitted to the Airline transport operator within 7 days after receiving the registered luggage if the luggage is damanged and in 21 days from the date of receiving the luggage by the Passenger in the case of delay.

Article 9: PERSONAL DATA PROTECTION

  1. The Passenger allows the Vendor and Transport operator to process all personal data that were forwarded by the Passenger in relation to the demands for contract conclusion, in his collections and use them for the following intentions: statistical processing, Customer segmentation, processing of past purchase behaviour, fulfillment of contractual obligations, notification of Customers with respect to potential errors on the products, sending of offers, commercial material, magazines and invitations to events, as well as telephone, written and electronic surveys. If the Passenger does not wish so, she/he can state so when filling out the travel application.

  2. Personal data of the Passenger can be processed by the Vendor and Transport operator in the period of 5 years or until cancellation of written consent of the Passenger.

  3. The Passenger agrees that the Vendor and Transport operator shall continue to use personal data of the Passenger, but only for the purpose of meeting contractual obligations and enforcement of rights from the contractual relation.

Article 10: JURISDICTION AND IMPLEMENTATION OF LAW

  1. Contractual parties will settle all potential disputes in a rational manner.

  2. In case of disputes, these shall be solved by the competent court in Ljubljana.

  3. The Parties agree that the contractual relation between the Vendor and the Passenger shall be regulated in accordance with Slovenian substantive law.

Article 12: FINAL PROVISIONS

  1. Remaining provisions as well as potential changes in regulations that regulate these conditions and are not foreseen by these conditions shall be used directly. None of the General condition provisions shall exclude the rights of Passengers, which are held by them in accordance with positive legislation.

  2. If the Bookingpoint.net in any case from any reason (elementary accident, electricity cutout, system maintenance) does not function, the Vendor is not responsible of paying the Passenger any reimbursments or compensations.

  3. Changes of these General conditions are adopted by the Vendor and are valid from the day of publication at the web site www.bookingpoint.net.
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