General Terms and Conditions

I.        General provisions

The General Terms and Conditions are an integral part of the contract between naTOURa, Travel Agency, Janja Benedik BrE (hereinafter referred to as naTOURa) or an authorized agency, and a traveler requesting a particular travel arrangement. In the event that an individual provision in the program is regulated differently than in these General Terms and Conditions, the provisions stated in the program shall apply.
In the case of online sales, the traveler is deemed to accept the provisions of these General Terms and Conditions when ordering a travel arrangement online. The provisions of the General Terms and Conditions can be found on the website https://natoura.si, where they are specifically marked and generally accessible.
Customer or passenger is any person who has made a valid reservation or purchase and payment for a travel arrangement.

II.       Application and contract

The traveler can register for the tourist arrangement advertised by naTOURa through the website https://natoura.si or an authorized agency. The program of the tourist arrangement is considered as an offer. Based on the offer, the traveler registers in writing for the corresponding tourist arrangement. Upon check-in, the traveler receives a document from naTOURa (invoice/travel contract) containing all information about the booked tourist arrangement and additional services, as well as the payment schedule and all other agreements. The passenger is obliged to check the document and in case of any discrepancies or errors to complain within 3 (three) days after the invoice is issued. The passenger is obliged to provide all information and documents required by the travel program and to make payment in accordance with the provisions of IV. Points of these General Terms and Conditions. If the Passenger does not provide correct information at the check-in, he/she is responsible for all costs incurred or the consequences of the incorrect information.
The registration of the passenger is binding. He/she may withdraw from it only in accordance with the provisions on cancelation of the trip by the Passenger (item VIII of the General Terms and Conditions) or only before receipt of the invoice/travel contract. Any registration or order submitted in writing (including by e-mail), which includes the first and last name of the passenger and other participants, credit card number or identification of another means of payment, payment or partial payment of the price of the trip, or any other implied act indicating that the passenger has made a binding declaration, shall be considered a binding registration.
The above conditions do not apply to travel arrangements organized by naTOURa for closed groups or upon request. In this case, the travel program is considered an offer, and based on the offer, the traveler applies in writing for the corresponding travel arrangement by filling out the application form. By filling in the application form, the contract is considered concluded and the Traveler is obliged to pay all costs according to the provisions on cancelation of the trip by the Traveler (item VIII of the General Terms and Conditions).
In case of a change of the contract by the traveler after its conclusion (if possible, e.g. change of name, additional services, change of accommodation, etc.) naTOURa will charge the traveler administrative costs in the amount of 21.00 EUR for the change, unless otherwise stated in these General Terms and Conditions. If the change causes additional costs, naTOURa will also charge a refund.

III.        Registration fee

naTOURa charges the client standard reservation costs and costs for compiling an offer for the sale of tourist arrangements in the amount of EUR 15.00 per reservation. In the case of more complex offers for individual trips, at the request of the naTOURa, it can charge the passenger EUR 21.00 in the form of a security for the preparation of the offer. If the passenger does not accept the offer, the security will not be refunded.

IV.        Payment

The date of payment is the date on which the passenger makes a payment to naTOUR or an authorized agency, or on which naTOURa receives a payment on a transaction account. The passenger pays up to 30% of the tour price at check-in. The remaining part is paid by the traveler no later than 7 days before the start of the trip, unless otherwise stated in the naTOURa document (contract, invoice). Timely payment means a confirmed reservation. If the passenger does not pay within the agreed period, it means cancelation of the trip and the provisions on cancelation of the passenger of VIII. Points of the General Terms and Conditions.
The passenger undertakes to pay the difference that would result from a possible calculation error on the issued naTOURa document, and naTOURa undertakes to reimburse the passenger for the overcharged amount that could result from the calculation error. This obligation applies until the end of the financial year.
If the traveler pays for the trip with a certain form of cashless payment (credit cards, Maestro, BA, …) and there is a refund for reasons that are on the part of the traveler (e.g. cancelation of the trip), naTOURa will pay the amount of the inflow (less the fee deducted by the bank) to the traveler’s bank account. However, the traveler may transfer the entire amount of the credit, if entitled to do so, to another arrangement in the organization and implementation of naTOURa.
If the trip is booked for the traveler by an authorized travel agency, all provisions of this point apply accordingly to the authorized travel agency.

V.        Prices

Travel prices are determined by the travel program and are valid from the date of publication of the program until changed. The price includes the services listed in the travel program. The price is valid for the traveler on the day of the conclusion of the contract/invoice.
In accordance with the legislation in force, naTOURa may change this price even after the conclusion of the contract due to changes in exchange rates or changes in the tariffs of carriers that affect the price of the trip. In the event of a change in the price of the trip, naTOURa will inform the traveler or the authorized travel agency that made the reservation no later than 20 (twenty) days before departure and will issue an additional document (invoice) that the traveler must pay before departure.
The price change due to exchange rate differences is calculated as the difference between the value of the part of the cost expressed (calculated) in foreign currency, calculated at the exchange rate on the day of registration of the trip (planned price in the offer) and on the day of issuing the notification of the price change 20 to 30 days before departure). The exchange rate of the Bank of Slovenia is used for the conversion.

If the increase in the agreed price exceeds 10% of the tour price, the traveler can withdraw from the contract without having to compensate the damage. In this case, naTOURa will refund the amount paid to the traveler.
In addition, naTOURa specifies in the travel program the starting price for a certain number of travelers, which may change if a smaller number of travelers register for the trip. naTOURa may also specify an additional price in the program (in the form of a mandatory surcharge for a small number of travelers). When registering for naTOURa, the passenger will be charged the starting price of the trip. If the conditions for changing the price from the above address are met, the passenger can not withdraw from the contract, as he was informed about it at check-in.

VI.        Special services

Special services are services that are generally not included in the price of the trip (single room, special meals, other supplements on request, …) or for which the program provides surcharges (visas, airport taxes, other surcharges, etc.), so that they must be paid separately by the traveler, unless otherwise specified in the program.
If special services are advertised for an individual trip, the passenger specifies requests for these services at check-in and pays for them in addition to the trip price. The published prices for special services apply only in the event that these services are ordered and paid for when registering for the trip. During the trip, the traveler pays the extra charge for special services to the tour guide or a representative of naTOURa at the place where the service is provided, in the appropriate currency, if this service can still be ordered during the trip at the price valid locally.
In the case of an individual travel request, the traveler may leave it up to naTOURa to try to find a companion with whom he/she will share a room or who is willing to share a room with him/her. Notwithstanding the foregoing, the individually enrolled passenger will be required to pay a single room supplement at check-in. In the event that a passenger is found for an individually registered passenger, the passenger will be refunded the single room supplement after the trip. If two people staying together in one room register for the trip and one of them cancels the trip before the trip, the other must pay a single room supplement if it is not possible to find another passenger.

VII.        Reverse

The passenger may choose to pay the cancellation fee at check-in. The cancellation fee is 4.3% of the tour price and is charged for each passenger on the reservation. The programme may specify a different cancellation fee amount or that a cancellation fee is not available.
The settlement agreement applies in case of military service, illness or death in the immediate family (passenger, spouse, parents, children) and can be claimed only upon presentation of the relevant certificate. Based on the certificates, the passenger is entitled to a refund of the paid travel price (without cancellation fee). Irrespective of the cancellation fee paid, naTOURa is also entitled to a refund of administrative costs in the amount of EUR 15.00 at check-in in the event of such cancellation of the trip. In addition, the traveller is not entitled to reimbursement of the cost of obtaining a visa.
If the traveller has paid the cancellation fee, but cancels the trip for other reasons, the amount of reimbursement of cancellation costs will be calculated according to VIII. Point of the General Terms and Conditions, and the passenger is also not entitled to a refund of administrative costs in the amount of EUR 15.00 after registration, the cost of obtaining a visa and the cancellation fee.
If the passenger does not cancel the trip before departure, he is not entitled to a refund of the payment based on the cancellation fee paid. The Passenger shall also be deemed to have withdrawn from the Contract if the Passenger is not accepted for carriage by the Carrier (aeroplane, ship, bus and the like) for safety or regulatory reasons, whether during the Trip or before the Trip begins. In such a case, the passenger is responsible for all damages caused and cannot claim a refund of the cancellation fee paid.
If the traveller cancels the trip or withdraws from the contract due to documented force majeure, which he could not foresee or avoid in the period before the conclusion of the travel contract, and he has the relevant valid official documents, naTOURa has the right to be reimbursed for all his expenses already incurred, as well as for all expenses incurred due to the cancellation of the trip. It will return the difference to the traveller at naTOUR.
The request for reimbursement of cancellation fees cannot be made after the beginning of the trip and also not for the period of the unused part of the trip.

VIII.       Passenger cancellation or change of travel

The passenger has the right to cancel the trip in writing at the branch where he/she checked in or directly at naTOURa. Verbal cancellation is not valid. If the traveller cancels the trip, naTOURa is entitled to reimbursement of the costs incurred due to the cancellation of the trip. If the traveller cancels the trip before handing over the contract and the proforma invoice, he/she is obliged to refund the administrative costs in the amount of EUR 15,00. The amount of reimbursement of the costs of cancellation of the arrangement depends on the time when the traveller submitted the cancellation or otherwise cancelled the trip. The costs of cancellation of a tourist arrangement for a passenger are: 

• cancellation up to 90 days before departure – 10% of the tour price,
• cancellation from 60 to 89 days before departure – 30% of the tour price,
• cancellation from 30 to 59 days before departure – 60% of the tour price,
• cancellation 15 to 29 days before departure – 80% of the tour price,

cancellation from 14 to 1 day before departure, cancellation on the day of departure, non-participation or abandonment of the trip – 100% of the tour price.
The amount of the cancellation fee is calculated by naTOURa as a percentage of the total price of the travel arrangement, regardless of the amount paid up to the date of cancellation. For groups, the risk of cancellation may be defined differently by a special contract.
In cases where the cancellation costs are higher, the organiser has the right to request reimbursement of the actual costs due to the cancellation. In cases where the traveller cancels the trip more than 90 days before departure and naTOURa already had the actual cost of the trip (for example, the purchase of airline tickets), the traveller is obliged to pay all costs incurred.

If the traveller cancels the trip or withdraws from the contract due to documented force majeure, which he could not foresee or avoid in the period before the conclusion of the travel contract, and has the relevant valid official documents, naTOURA has the right to refund all costs, including those incurred by the cancellation of the trip. It will reimburse the difference to the traveller at naTOURa.

In case of cancelation of the trip, the traveler must write a written cancelation or sign the cancelation document presented to him/her by naTOURa for signature. If he refuses to sign this document, he will be considered not to have canceled the trip.
During the trip, the passenger may interrupt the trip at his own request and with a written notice of cancelation. If the passenger interrupts the trip during the trip, he/she is not entitled to a refund of the costs or the purchase price, either partially or in full. If the passenger changes the program during the trip or does not travel according to the program that is part of the contract with naTOURa, the passenger is considered to have withdrawn from the contract during the trip. In this case, the traveler is responsible for the costs and damages caused by him. In the event of a change in the program at the traveler’s own request or due to force majeure, without naTOURa having a reason for this, the traveler is considered to have withdrawn from the contract during the trip and is not entitled to any compensation or price reduction. In this case, the traveler is responsible for the costs and damages caused by him.
naTOURa or an authorized person may reject a person who is obviously under the influence of alcohol, drugs or other such substances at the time of departure, especially if it believes that the passenger could endanger the health or property of himself or others. In this case, naTOURa will assume that the passenger has canceled the trip on the day of departure and will follow the regulations on passenger cancelation. naTOURa will claim all damages caused by a passenger under the influence of alcohol, drugs or other such substances on the way or during the execution of the program.

IX.   Cancelation of the trip or change of the program

In accordance with applicable law, naTOURa reserves the right to cancel the trip no later than 5 (five) days prior to the scheduled departure if the required number of passengers – as indicated in the program – has not registered for the trip. In cases where naTOURa expressly guarantees departure in writing, it may cancel the trip only if fewer than the minimum number of passengers specified in the program have registered for the trip.
naTOURa reserves the right to cancel the contract in whole or in part if extraordinary circumstances arise before or during the execution of the program which could not have been expected, eliminated or avoided and which constitute an important reason for naTOURa not to conclude the contract if they existed at the time the contract was concluded.
naTOURa may terminate or withdraw from the contract and claim damages from the traveler who directly violates the provisions of the contract concluded with naTOURa, especially if it is determined that the traveler intentionally provided false information about the number of travelers or their ages, or if changes occurred during the trip and the traveler failed to inform naTOURa. naTOURa reserves the right (and is not responsible) to change the day and time of departure or cancel the trip due to a change in flight schedule or force majeure, as well as the right to change the direction of the trip if travel conditions change (new flight schedule, unreliable conditions in the country where the program is organized, natural disasters or other unforeseen causes beyond naTOURa’s control), without special compensation and in accordance with applicable regulations in passenger transportation.
The liability of TOUR is limited only to program changes due to the occurrence of force majeure during the course of the program. In such cases, naTOURa may provide services to passengers in a modified form according to existing possibilities.
In the event of cancelation of the trip by naTOURa, the traveler is entitled to a full refund of the arrangement price paid, but not to a refund of visa costs or the cost of vaccinations required under the program. It will inform the traveler immediately of any subsequent change in the naTOURa program.
If the situation on site does not permit the accommodation of passengers in the facility ordered, naTOURa may accommodate the passenger in the same place in another facility of the same category.

X.   Travel documents

The Passenger must be in possession of a valid passport or other valid document with which to enter a particular country. The Passenger is obliged to observe all the provisions regarding the validity of the travel document. The validity of the document will be considered on the last day of the trip! naTOURa is not responsible for any inconvenience or forced interruption of the passenger’s trip under this title.
The traveler is obliged to obtain the necessary visas for these countries. If the traveler fails to comply with this obligation, naTOURa will act in accordance with the provisions regarding cancelation of the trip by the traveler. In the event that the traveler’s visa is arranged by naTOURa, naTOURa does not guarantee the success of obtaining a visa.
It will not reimburse the traveler for the cost of obtaining a visa. In the event of denial of entry into the country or other obstacles, all costs are the responsibility of the traveler. It is assumed that the traveler will obtain the visa himself/herself if he/she does not deliver all the prescribed documents to naTOURa within the prescribed period, regardless of whether the traveler has already paid naTOURa for obtaining these documents.
Due to the requirements in international passenger transport (airplane, ship, bus, …), the traveler is obliged to provide all the required information about all participants of the trip he/she has registered. The data must fully correspond to the data in the official documents that the travel participants are required to carry in accordance with the regulations on border crossing and the relevant foreign legal acts. In the event that false information leads to delays, additional costs or interruption of the trip, the passenger alone shall be liable for all costs incurred by the participants of the trip.
If the passenger loses or steals documents during the trip, but they are urgently needed for the continuation of the trip or the return home, the passenger will obtain new documents at his own expense. If the passenger has to interrupt the trip due to the loss or theft of documents, he is not entitled to a refund of the paid trip or a refund.

XI.        Notices before departure / travel

The passenger will receive the final notification no later than 5 (five) days before departure. Damages caused by the passenger providing an incomplete or incorrect address for the purpose of filling out the invoice and thus the information about the trip, shall be borne by the passenger.

XII.        Health regulations

The passenger is obliged to take the vaccinations prescribed for the country of travel. In the event that certain vaccinations are listed or required in the itinerary, the passenger must purchase an international certificate – a yellow booklet with the registered vaccinations. naTOURa is not responsible for any complications or interruption of the passenger’s trip due to the passenger’s failure to comply with the health requirements of the country of entry, nor for any related costs.

XIII.        Luggage

naTOURa is not responsible for the transport, theft or damage of the passenger’s luggage or other personal belongings, valuables and documents from the accommodations (hotel rooms, apartments, etc.) and means of transportation (airplanes, busses, ships, …). The passenger reports lost or damaged luggage to the transport company or hotel. The transport of personal luggage (such as bicycles, surfboards, golf equipment, musical instruments, …) must be declared by the passenger at check-in and paid to the airline according to the rules of the airline, unless otherwise specified in the itinerary. Any costs or damages that would result from this will be borne by the passenger.
In case of air travel, the passenger has the right to free transportation of a certain weight of luggage (according to the rules of the airline), and each additional kilogram is paid by the passenger on the spot in the appropriate currency or according to the rules of the airline. Children under two years of age are not entitled to free baggage transportation.
On a low-cost airline, the allowed weight of baggage checked at check-in is usually lower than on regular airlines. Each additional kilo is paid extra. The allowed weight of personal luggage that a passenger takes on the plane may also be lower, about which passengers are informed at the latest with a notice before departure.

XIV.        Informations

The information that the passenger receives at check-in does not bind naTOURa more than the information in the program or offer. In case of doubt always applies: written offer, invoice and travel contract, written information or written statement.

XV.        Complaints

The passenger is obliged to report irregularities to the naTOURa representative on the spot if they occur. In the event that the complaint could be solved on the spot (e.g. lack of cleanliness of the room, location of the room, etc.) and the passenger did not report errors or irregularities, the passenger is considered to have agreed to this service and thus lost the right until further complaints.
The passenger may submit a written complaint within two months from the day when the service was provided incorrectly, otherwise naTOURa will not deal with its content. The complaint must be substantiated. The traveler should therefore attach to the complaint the relevant evidence and/or the relevant certificate from the hotelier, the carrier or any other relevant person about the facts on the basis of which the traveler makes his claim.
naTOURa is obliged to respond in writing within 8 days of receipt of the complaint. If it is a simple defect and the defect is not disputed (or if the passenger has not attached all the required documents within the time required to obtain them), naTOURa is obliged to accept the claim after receiving a complete complaint. If it is not a simple error, naTOURa is obliged to investigate all the circumstances that led to the complaint. Until naTOURa has decided on the complaint, the traveler refuses to refer other persons or judicial institutions or to disclose information to the media.
The amount of compensation in the event that the program or certain services were not provided due to the fault of naTOURa is limited to the amount of the trip paid for or the amount of the actual value of the services not provided. This provision does not apply in the event that naTOURa has the right to cancel the arrangement or change the program, in accordance with the provisions of these Terms and Conditions and the law.
Regardless of this, naTOURa is liable to the traveler for the damage caused to other travelers by the improper performance of the arrangement, in accordance with the general rules on liability for damages.

XVI.        Use of data

naTOURa protects all collected passenger data in accordance with the Personal Data Protection Act. By signing the contract, the passenger agrees to the use of this data also for the purpose of statistical processing and announcement of the offer. If the passenger does not wish this, he/she can indicate this when checking in for the trip.

XVII.        Final provisions

In case of dispute between the parties, the competent court shall apply.

 

naTOURa, Travel Agency, Janja Benedik BrE

 

Kranj, August 21, 2019