RULES
General conditions
For information about stay and health service in the Republic of Serbia, the user is supposed to apply according to the instructions and conditions stated on the website www.medicalserviceplus.com.
Organizer of stay in the Republic of Serbia is Tourist Agency which has licence issued by Serbian business registers agency (APR), of the Republic of Serbia (hereinafter: organizer). Programs will be published by organizer, in written form, on this or on its own site, or within its printed information. Organizer agrees to give to the user services which are stated into agreement about services on stay organization (hereinafter: PROGRAM – CONFIRMATION OF STAY or agreement). Oral information, different from those within the PROGRAM – CONFIRMATION OF STAY, or agreement, do not bind the travel organizer. User of the services can be any natural person (natural person – individual or group visit), allowed to stay on the territory of the Republic of Serbia according to its law regulation.
Agreement on stay organization service (PROGRAM – CONFIRMATION OF STAY) can be concluded via: e-mail, fax, delivered letters or telegram. Relation between organizer and user of the services/guest is settled within these general conditions about stay organization and agreement (PROGRAM – CONFIRMATION OF STAY), accepted by the agreeing parties as the typical business practice, based on the overall accepted freedom of making agreements. II Rights and obligations of the stay organizer Rights and obligations of the stay organizer: -to conclude agreement with the user of the services; -to supply user with program-stay confirmation and general conditions for the stay organization, in written form or via e-mail or website; -to inform user about offers regarding insurance in the Republic of Serbia; -to organize services included in PROGRAM – CONFIRMATION OF STAY; -to take care of user’s rights and interests, according to good business practice; -to take actions concerning user’s safety and protection; -to keep as confidential all information received by user. Organizer will not break this obligation if he gives information about the user to the authorized state body upon their request, or to the third party if the user allows that; -to be responsible for damage which user suffers in case that the organizer does not fulfil the service; but he is not responsible for the damage related to the unfulfillment of the health services and obligations of the third party chosen by the organizer; -to follow the user’s instructions, given on time, if those instructions are in accordance with agreement and usual trading of the organizer. If organizer considers the given instructions not proper, or harmful for the user, he will warn the user about that and ask for the new instructions. If user of the services /guest does not give needed instructions, then organizer has right, i.e. he is obliged to act in the way most convenient for the user/guest in the given situation); III Rights and obligations of user of the services Rights and obligations of user of the services: -to be informed well about the PROGRAM – CONFIRMATION OF STAY, general conditions about travel and stay and about insurance conditions; -to choose individually an adequate policies of travel and stay insurance; -to pay to the organizer the price that is agreed and stated in the PROGRAM – CONFIRMATION OF STAY (All services that are not included into the agreement-PROGRAM – CONFIRMATION OF STAY, user of the services has to pay additionally, for instance: airport taxes, optional programs, use of the easy chairs and parasols, visa obtaining, tickets for objects, “room services“, use of the room bar, recreative, health, telephone and other services, extra meals, etc.); -to give valid and complete data, so that organizer can fulfil his agreeing duties properly (user of the services is obliged to give to the organizer information that deal with their mutual relation; otherwise he is responsible for the damage suffered by organizer or by other party for the reason that they were not informed properly on time); -to cooperate with organizer before and during the stay, and also after the stay if that is necessary; -to give instructions to the organizer, in written form, about all elements that make his choice, with all details that can affect the travelling and/or stay – details that are supposed to be included into agreement, i.e. PROGRAM – CONFIRMATION OF STAY; -to allow organizer to fulfil his agreeing duties, which means to be always present at the agreed time (when in the Republic of Serbia, according to the time of the Republic of Serbia), and on the agreed place, and cooperate with guides, followers, drivers and similar; -to compensate to the organizer for the damage suffered, for the reason of not proper action or failure by user of the services, as well as other expenses connected to that; -as participant of the organized stay, to take care of his personal documents, luggage and other personal things (User of services is obliged to take care of his personal things brought into the vehicle; of giving and taking the luggage from the given transporter, or brought into the accommodation object. User realizes his rights directly from the transporter, giver of the accommodation service and others, according to valid domestic rules); -his documents, luggage and other things are supposed to fulfil the conditions given by frontier, customs, sanitary, monetary and other administrative rules of the Republic of Serbia, as well as other countries that he passes through on his way to the final destination; otherwise, user of the service will be responsible for all damages suffered by organizer and will be obliged to compensate for them; – if the agreed services are not completely or properly fulfilled, he can claim adequate reduction of price, under condition that he protested to the organizer within eight (8) days from the end of the travel. (As soon as user of the service notices “deficiency”, he must inform the organizer about that, i.e. the organizer’s local representative. This helps organizer to be informed and find adequate solution or decrease the damage); -User of services takes responsibility for respecting and introducing himself to the rules of behaviour in certain accommodation object, which may relate to the dressing code, time of the beginning and end of meal, keeping and saving money, time for using the swimming pool and other contents, prohibition of playing music into the rooms or accommodation units, mini-bar used drink, smoking prohibition, bringing of persons who are not checked-in, keeping of other values, bringing food and drink into the rooms or accommodation units, impossibility of taking the room or accommodation unit before specific time, number of persons into the room or accommodation unit, obligation for leaving the room or accommodation unit at the specific time and similar; -to receive all needed information when choosing destination, transport, accommodation; to receive information related to the passport, visa, and other running rules and similar. Request for information and/or announcements by user of the services /guest must be in written form (letter, e-mail, fax). IV Organizer’s excluding from responsibility Organizer does not take responsibility and/or risks for improper behaviour of one or more users of the services, that may lead to unnecessary delay of the rest of the users, when crossing a frontier, or in other cases when not only organizer suffered damage, but also the rest of the users. Organizer does not take responsibility and is not obliged to introduce user of the services /guest, citizens of other countries about conditions (visa, customs, health etc.) valid for a transit country; it is obligation of the foreign citizen to take information at the adequate consulate, and to supply himself, on time and properly, with all needed conditions and documents. Organizer is not responsible for lost, damaged or stolen luggage. Transport of the luggage to the certain weight and dimensions, settled by Air transporter, is free of charge. For excess luggage user of the services/guest pays according to the valid prices of the transporter. Organizer is not responsible for acts of those persons who are not under his direct control and who are not employed with him, as well as in the cases of strikes, taking of the tourist objects, closing the frontier, natural catastrophes, terroristic acts, demonstrations, traffic blockade, sanitary and health disorder, disorder of communication, war, closing of the airport, port, and other things that are out of the control of the organizer. In these cases, organizer will give his best to give support to the user of the services and/or his family, in order to realize their rights. Organizer cannot be responsible to the user for optional and additionally given services, made and charged by direct giver of the services, and if they are not included into PROGRAM – CONFIRMATION OF STAY or agreed in written form. Organizer is not responsible in cases of extra change of working hours of cultural and other institutions, aside from regular working hours, which are not announced minimum 60 days before trevelling. V Payment Prices are made on the basis of business politics of the organizer, host and/or giver of the health service, and cannot be subject of complaining – reclamation. When user of the services /guest signs or confirms PROGRAM – CONFIRMATION OF STAY, he is obliged within three (3) working days to pay deposit – part-payment, which is 10% of the total price of the stay and price for the planned and given health services, if they are also subject of the stay – service. Paid deposit – part-payment is included into the price. Deposit – part-payment binds on one side the organizer, in the sense that the stay is sold, and giver of the health services in the sense that terms for giving health services are provided; on the other side it binds user of the services in the sense that he must respect conditions of the stay organization. VI Increase of the agreed price Organizer may ask for the increase of the agreed price only if after conclusion of the agreement, i.e. signing of the PROGRAM – CONFIRMATION OD STAY happen changes in exchange rate or changes of the transporters’ prices, which affect the stay price. Right to increase the agreed price from previous paragraph organizer can realize only under condition that it is included into PROGRAM – CONFIRMATION OF STAY. If the increase of agreed price goes over 10%, user of services may terminate agreement. In this case user of the services has right on returning his money given to the organizer, after deduction of the organizer’s expenses. VII Cancelling If user of services cancells his stay, or health services or a certain service, then organizer will from the paid deposit – part-payment pay for damage to the persons with whom he made reservations (deposit as quitting). After receiving of invoice (bill) or confirmation about paid deposit – part-payment, PROGRAM – CONFIRMATION OF STAY starts to be valid for both agreeing sides. If payment is not made according to the terms and rules stated within PROGRAM – CONFIRMATION OF STAY, then organizer has right – after obligatory warning – to cancel organization of stay and health services, as well as to keep paid deposit – part-payment (deposit as quitting). If user of services/guest after paying part of the price or total price cancells the travel-stay, as defined in PROGRAM – CONFIRMATION OF STAY, then he is obliged to inform the organizer about that, in written form. Date of receiving of written cancellation by organizer represents basis for counting the pay belonging to the organizer and/or giver of health service. Expressed in percentage, in relation to the total price, it is as follows: – 10% if cancellation is made from the moment of arrival and reservation – signing of the agreement – CONFIRMATION – PROGRAM OF STAY, to the 30th day before travel-stay. – 20% if cancellation is made 20 to 29 days before starting the travel-stay, – 40% if cancellation is made 15 to 19 days before starting the travel-stay, – 80% if cancellation is made 10 to 14 days before starting the travel-stay, – 90% if cancellation is made 6 to 9 days before starting the travel-stay, – 100% if cancellation is made during the stay, on the day of starting the travel -stay or to 5 days before travel, User of services is obliged to compensate to the organizer real, i.e. made expenses, if cancellation is made for the reason of: illness or death of user of the services/guest, spouse, relative of the first descending line, brother or sister, i.e. call for going into army or a disaster officially proclaimed. In these cases user of the services/guest is obliged to submit evidence to the organizer. As valid reasons for cancellation or stoppage of travel-stay cannot be considered cases of local terroristic attacks, explosion, infection, plague, and other diseases, disasters, climatic conditions and similar, for which emergency is not proclaimed by authorized state body. If user of services cannot obtain visa for entering or is not allowed to enter Republic of Serbia or any other transit country, and for that reason he must quit the PROGRAM – CONFIRMATION OF STAY, it is considered his quitting – cancellation, in the sense of these general conditions. VIII Quitting Organizer may quit the agreement, i.e. PROGRAM – CONFIRMATION OF STAY, totally or partially, without being obliged to compensate damage, if before or during execution of the agreement happen emergency situations that were not possible to predict, nor avoid or cure, and which, if existed at the time of signing the agreement, would represent valid reason for organizer not to conclude the agreement. Organizer may quit the agreement without being obliged to compensate damage when minimal number of users of the services – included in PROGRAM – CONFIRMATION OF STAY – is not gathered, under condition that about this case user of the services /guest is announced within proper period, which cannot be shorter than five days before the day when travel-stay was supposed to happen. If organizer quits the agreement before its execution, then organizer must return the total sum which he received, and user of the services has no right on second compensation. Organizer may quit the agreement of stay organization without and obligation or compensation if user of the services/guest obstructs the process of travelling and/or stay or if he behaves improperly to the degree that he actually breaks the agreement terms. If organizer quits the agreement in the course of his realisation, he has right on fair compensation for realised agreed services, and he is obliged to undertake all necessary measures for the user’s protection of the interests. Without organizer’s written permission user of the services has no right to appoint another person to use the agreed services instead of him (agreement transferring). With organizer’s written permission user of the services may – at latest 7 working days before travel-stay – appoint another person to use agreed services instead of him (but not health services), under condition that this person satisfies needs planned for concrete stay, and that user of the services compensates to the organizer of the stay expenses caused by the change, and that he jointly guarantees for the fulfillment of all agreed duties and these general conditions for the person who changes him. Eventual change of the user of the services without previous permission by the organizer is treated as cancellation of the travel-stay. IX Changes within PROGRAM – CONFIRMATION OF STAY In case that user of services wants to make any change within program-stay confirmation, he must submit written request. Changes within PROGRAM – CONFIRMATION OF STAY can be made only if they are caused by emergency situations that organizer was not able to predict, avoid or cure. If significant changes within PROGRAM – CONFIRMATION OF STAY are made without valid reason, then organizer must return the total sum received by user of the services, who, because of that, cancelled the travel and/or stay. If significant changes within PROGRAM – CONFIRMATION OF STAY are made in the course of proceedings of the agreement, user of the services/guest, in case of quitting, bears only real expenses of the realized services. X Accommodation Offered accommodation objects, transportation and other services are described according to the official categorization of the Republic of Serbia. If user of the services did not explicitly agreed specific accommodation, then he will accept any accommodation unit within accommodation object described in PROGRAM – CONFIRMATION OF STAY, irrespective of its being situated into the main building or any other object within accommodation capacity. Arrangement of the rooms, apartments, is made by the reception of the accommodation object. If user of services wants to change accommodation unit, it will be changed only if accommodation object has technical possibilities i.e. free capacity, but it cannot be considered as objection in case that accommodation object has no possibilities. Special claims as view, floor and similar, must be stated in the agreement, i.e. PROGRAM – CONFIRMATION OF STAY. Change of the agreed accommodation by organizer can be made only with using object of the same category, or at the expense of organizer, using object of higher category and in the agreed place of accommodation. Accommodation object or accommodation units, whose pictures user of the services saw in the catalogue or on the website, can be different from real situation because of restoration of the accommodation object or accommodation unit, old pictures, angle of recording the picture, or redecoration of accommodation object or accommodation unit. If not agreed differently, accommodation and leaving of the user of the services/guest in the accommodation object is arranged according to the rules of the accommodation object (home rules). Prolongation of stay within accommodation units is allowed only in cooperation with the reception of the accommodation object. User of the services comes personally at the reception, and then reception, strictly and according to its possibilities allows the same, and makes prices according to its own price-list. The price cannot be subject for complaining – reclamation. In case of missing money or other things within accommodation object, user of the services is obliged to inform the reception about that, and then the reception will contact the authorized state body and it will undertake necessary actions. Accommodation objects which possess safes may additionally charge their use. Variety, quality and service of the food, generally depends on price and category of the object. Special requests must be stated into the agreement. XI Reclamations Oral or any other information different from the written ones within PROGRAM – CONFIRMATION OF STAY or special written agreement, are not binding for organizer and cannot be basis for complaining – reclamation by user of the services. Each user of the services – bearer of the agreement, makes complain individually, because organizer will not accept the group complainings – reclamations. If user of the services did not additionally agreed services of special – extra characteristics and quality, he does not have basis for submitting complain to the organizer. XII Insurance Insurance of the stay is obligatory. Before signing the PROGRAM – CONFIRMATION OF STAY, user of the services submits information about type of concluded insurance and number of policy. In cases of problems between user of the service and insurance company, user of the services directs his claims to the insurance company. If user of the services is secured, he will get compensation for the secured case. XIII Concluding terms Food, comfort and quality of the service depend, in the first place, on price and are out of the supervision and influence of organizer. Entertainment, sports and similar can be limited by physician’s opinion, or weather and climate conditions. Bank fees within financial transactions go at the expense of the user of the services. Organizer suggests changing the foreign currency strictly in authorized exchange-offices, banks, hotels, in order to avoid possible risks. With foreign users of the services language of communication is English. In previous agreement with organizer communication language can be other, but it must be stated in agreement i.e. PROGRAM – CONFIRMATON OF STAY. Organizer provides the representative and his all-day presence if that is agreed, from the moment of arrival of the user of the service. If organization of the stay includes health (medical) services, user of the service /patient has certain rights and obligations, with which he is supposed to get acquainted in details, through contact with the giver of health (medical) services. Following of the user of the services/patient by physician or medical technicians (nurses) during the stay is agreed separately, and must be stated in agreement i.e. PROGRAM – CONFIRMATION OF STAY. XIV Regulation As for the agreeing relation about giving stay organization services, i.e. PROGRAM – CONFIRMATION OF STAY, law of the Republic of Serbia is applied in everything. In case that the dispute cannot be solved, authority of arbitrage of adequate Court in the Republic of Serbia is agreed. User of the services is obliged to follow all running norms of the Republic of Serbia. Travel organizer advices, recommends and directs user of the services /guest to get acquainted in details with regulation clauses of the Republic of Serbia and with Excerpts from regulation clauses, put on website www.medicalserviceplus.com – rules, and when there is a need to contact lawyer through section on the website www.medicalserviceplus.com – contact us.
These general conditions are valid from February 23, 2015.