Introductory provisions and terms
"Balkanway" company (hereinafter – "Balkanway") offers tourist services including excursions, tours, road trips, visits, recreational, cultural and gastronomic tours (hereinafter – "Services").
Services are displayed and can be booked through the website balkanway.com (hereinafter – "Website"). Any person accessing Website and accepting Balkanway's Terms and conditions hereinafter referred to as "Customer". Together Balkanway and the Customer can be hereinafter referred to as "the Parties".
When using the Website Customer accepts these Terms and conditions which immediately enter into legal force at the moment when Customer starts using the Website. Any reservations made on the Website, via provided booking form or contact email, imply full acceptance of these Terms and conditions by Customer and payment of the full price in respect of bookings made.
Do not access the Website and do not use it if you do not intend to accept the present Terms and conditions.
It is prohibited to copy, reproduce, republish, download, post, broadcast, make publicly available or in any other way use the Website content, including texts, images, URL-addresses and information on prices, except for Customer's personal non-commercial use.
Customer may use The Website solely for his personal, non-commercial purposes and/or for making a request for booking of Services offered on the Website. Customer undertakes not to use this Website for speculative, deceitful and pseudo requests and not to use robots or other automated tools on the Website.
These Terms and Conditions can be amended, updated and published in amended version on the Website at any time and without notice.
1. SERVICES BOOKING
1.1. Services booking and agreement procedure between Balkanway and Customer is accomplished electronically at the moment when Customer sends a request via booking form on the Website or to email email@example.com. By sending booking request Customer accepts Services as described on the Website and accepts these Terms and Conditions.
1.2. Booking process includes following steps:
Balkanway checks availability of the Services on the dates requested by Customer;
After agreement on the dates, Balkanway sends payment instruction to the Customer;
Customer is obliged to confirm booking by payment of 100% of the Services price, if it's not settled differently between the Parties.
1.3. Booking is considered fully completed at the moment when booking confirmation is send by Balkanway via email.
1.4. Prior to booking finalization Customer states the specific needs and services related to his physical condition, such as specific dietary needs or accommodation characteristics due to chronic illness, allergies, disabilities, etc. otherwise Balkanway does not undertake any special obligation, liability or compensation in connection to that.
1.5. To complete booking procedure Customer must confirm acquisition of traveling insurance for the time of visit to Republic of Serbia.
2. PRICES AND PAYMENT
2.1. Prices shown on the Website are displayed in Euros. If the Parties agreed that part of the payment is made in cash prior to Services beginning and it's made in different currency, the price will be calculated at the current mid exchange rate of National Bank of Serbia.
2.2. Price includes pre-arranged and published combination of at least two or more services such as: guiding, transportation etc., for which it has been agreed that a single price is paid by Customer.
2.3. Price does not include (unless otherwise stated in the Services description on the Website): any transportation to the starting location/meeting point, any transportation from the finishing point, travel insurance (or any other kind of insurance), personal expenses, tips and all other expenses not specified as included in the price on the Website.
3. RIGHTS AND OBLIGATIONS OF THE ORGANIZER
3.1. Balkanway shall undertake to:
3.1.1. Make Terms and conditions accessible to the Customer by publishing them on the Website.
3.1.2. Issue Services booking confirmation to the Customer via email upon receiving the payment of the Services.
3.1.3. Realize reserved and paid Services in accordance with Services description on the Website.
3.1.4. Inform the Customer that Balkanway is not responsible for services/products provided by third parties.
3.2. Balkanway shall be entitled to:
3.2.1. Change the schedule, route or the sequence of site visits due to unforeseen, unavoidable or security and similar circumstances.
3.2.2. Terminate Services rendering if Customer disturbs realization of Services with coarse and indecent behavior. In case when Balkanway assesses that Customer behaves inappropriate and disturbs order in the places that are visited, especially when it comes to religious and cultural sites, such Customer will be denied of further use of the Services without right for a refund.
4. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
4.1. Customer shall undertake to:
4.1.2. Provide Balkanway with all information reasonably relevant to booking request for the Services.
4.1.3. Check information on the booking confirmation immediately upon receiving and in case of incorrect data inform Balkanway straight away.
4.1.4. Purchase travel insurance for the time of visit to Republic of Serbia and provide purchase confirmation and/or copy of such insurance to Balkanway.
4.1.5. Pay the price for Services in full in order to complete the booking.
4.1.6. Arrive on time for any appointments with Balkanway guides.
4.1.7. Take responsibility for being physically able and prepared to participate in any activity that is booked with Balkanway, and for being fully equipped with any appropriate clothing and equipment reasonably necessary for such activity (if applicable).
4.1.8. Behave decently and with respect to local laws and customs.
4.1.9. Take care of personal belongings because Balkanway is not responsible for safekeeping of Customer's personal belongings.
4.1.10. Reimburse all the damages on the spot to Balkanway and/or third parties, if responsible for any damages during Services rendering.
4.1.11. Be informed about visa regime between country of origin and Republic of Serbia. Balkanway is not obliged to inform Customer about the requirements (visa, customs, etc.) that apply between the country of domicile of the Customer and Republic of Serbia.
4.1.12. Respect the rules of conduct in the accommodation facility in particular to: depositing and keeping money and valuables, food and drinks in the room, respecting the house rules, accommodation and leaving the room at a certain time and others, because Balkanway is not responsible for any damages arising therefrom.
4.2. Customer will be entitled to:
4.2.1. Receive the Services as described on the Website, in booking confirmation and with regards to these Terms and conditions.
5. SERVICES DESCRIPTION
5.1. Balkanway uses private vehicles (car or mini-van) for Services rendering. Customer has the obligation to behave appropriately in the vehicle and to respect traffic regulations; otherwise Balkanway has the right not to accept Customer to the vehicle or to remove him from the vehicle in the presence of police, where further transport to the destination will not be the responsibility of Balkanway. If Customer cancels further Services rendering as a result of removal from the vehicle in previously described case, the scale of cancellation referred to in section 7 of Terms and conditions will be applied. Travel direction, breaks, place and their length is determined by a guide/driver.
5.2. Balkanway guide is not required to be with Customer in "free time" period, but will be available at that time by phone in case his help is needed, and he will put himself at Customer's disposal as soon as possible in case of emergency.
5.3. Accommodation can vary by type: hotels, guesthouses or households. Types of rooms are determined by the reception desk or by the owner of the household. Customer will be accommodated in the accommodation facility determined by Balkanway and as described on the Website, regardless of Customer's characteristics , location and position of the object, floors, proximity to noise, parking and others.
5.4. Meals in hotels, guesthouses and households are prepared under the basic policy of the house and Balkanway has no influence on their composition. If Customer has some special requirements regarding nutrition (health, religious or other reasons), it is necessary to emphasize them while booking Services, otherwise Balkanway will not be held responsible for not meeting these requirements and such complaints will not be considered reasonable.
6. DESIGN YOUR OWN TOUR / CUSTOM TOUR
6.1. Choosing "Design your own tour" offer (hereinafter "Custom tour") Customer understands and accepts that:
Balkanway can only offer limited amount of reasonable combinations of sites and routes with respect to Сustomer's wishes and terms;
Balkanway can set any price for Custom tour without explaining its breakdown to the Customer;
Bakanway can make adjustments while conducting the Custom tour due to local circumstances;
Balkanway cannot accept request and organize the tour with unreasonable or inconvenient demands, including but not limited to visiting different parts of the country within a very short time frame, adding overnight drives to the itinerary etc.
6.2. Terms and conditions are applied in full to Custom tours, unless different is regulated with this section.
7.1. CANCELLATION OR CHANGE OF ITINERARY BY BALKANWAY
7.1.1. Balkanway can cancel the Services completely or partially due to the circumstances occurred out of its will and intention, which cannot be foreseen or avoid (force majeure), including the declared or actual war, civil disturbances, sanctions, epidemics, siege, earthquakes, floods, fire and other natural disasters, acts of the governmental bodies and other similar events hindering fulfillment by Balkanway of its obligations.
7.1.2. Balkanway reserves the right to change the date or hour of Services rendering start, as well as the right to change the route if conditions change (closed roads, security situation, natural disasters or other extraordinary circumstances) without any obligation to pay damages, or paying any compensation to the Customer.
7.1.3. If Services rendering is interrupted with justified reasons as described in cl.7.1., Balkanway has the right to remuneration for the Services actually rendered.
7.1.4. If Balkanway cannot complete Services rendering with justified reasons as described in cl.7.1., Balkanway can reimburse to Customer share of money paid for the unrealized part of the Services, based on Balkanway's calculation.
7.1.5. Balkanway can terminate Services rendering without any compensation to Customer, if the Customer disturbs realization of the Services with coarse and indecent behavior. And in this case the Customer has the obligation to compensate caused damage to Balkanway in amount of Services costs and other Balkanway losses.
7.2. CANCELLATION BY CUSTOMER
7.2.1. Customer has the right to cancel the Services. Cancellation has to be done by email. Date when the cancellation email is received by Balkanway is basis for calculating the compensation (cancellation fee) that belongs to Balkanway and expressed as a percentage of the total cost of the Services that Customer booked:
For cancellation between 15 and more days before the starting date Balkanway shall keep 5% of the price for PayPal commission.
For cancellation between 7 and 14 days before the starting date Balkanway shall keep 25% of the price.
For cancellation between 1 and 6 days before the starting date Balkanway shall keep 50% of the price.
In case of not showing or cancellation on the starting date Balkanway shall keep 100% of the price.
The list of changes made by the Customer without prior agreement with Balkanway, that shall be deemed as Customer's waiver includes, but not limited to the following:
- change of the agreed starting or ending meeting point;
- change of the Services starting date;
- not acquiring visa of Republic of Serbia, if applicable;
- not paying the Services price in full.
8. LIABILITY OF THE PARTIES AND DISPUTES RESOLUTION
8.1. BALKANWAY DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR SERVICES NOT BEING AVAILABLE, LOST PROFITS, LOST POSSIBILITIES ETC. BALKANWAY WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF THE SERVICES, BALKANWAY IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE SERVICES. NOTWITHSTANDING ANYTHING IN THESE TERMS AND CONDITIONS TO THE CONTRARY, THE REMEDIES SET FORTH IN THESE TERMS AND CONDITIONS SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
8.2. The Parties agree to comply with all applicable laws and regulations of Republic of Serbia.
All issues not regulated by Terms and conditions shall be governed by the laws of Republic of Serbia.
8.3. Any complaints from the Customer should be communicated to Balkanway guides immediately and should include deficiencies between the delivered Services and Services published on the Website. The Customer is obliged to cooperate and to wait until the reasonable complaint is sorted on the spot and accept the proposed solution corresponding to the Services. If Customer's complaint cannot be resolved on the spot, the Customer should submit his claim along with documents, receipts and other confirmations of his claim electronically to Balkanway contact email. Balkanway will process the claim within a reasonable time and in accordance with these Terms and conditions. Price reduction after Customer's complaint can reach only the amount of the part of the Services which failed to be delivered, but cannot cover already used Services, nor reach the total amount of the Services price. The refund, which is paid after reasonable and timely complaint, is proportional to the degree of undelivered or partially delivered Services.
8.4. Balkanway is only responsible for the descriptions of the Services as published on the website balkanway.com, where obvious typographical errors or calculation errors entitle Balkanway to deny Services booking and rendering.
8.5. Balkanway is not responsible for any services/products provided by the third parties.
8.6. Balkanway is not liable for injuries, damage, losses, accidents, delays or deviation from the schedule, expenditures incurred by the Customer and liability of the Customer associated with violation of obligations by hotels, transportation companies and other companies and individuals offering services comprised in the booked Services.
8.7. Should any clause of the Terms and conditions be proven to be contradicting the law, invalid or unenforceable according to the legislation of Republic of Serbia, such clause, attested shall be deleted from the Terms and conditions, whereas all other clauses of the Terms and conditions shall remain in full force and continue to be biding.
These Terms and conditions apply from 03.05.2017