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  General conditions

On the basis of Article 47 of the Decision for the establishment of the Association of the Travel Agencies of Macedonia - ATAM No. 19-6548/2 from 23.12.1994 and Article 9 of the Statute of ATAM, the Assembly of the Association of the Travel Agencies of Macedonia, on the session held on 16.06.1995, adopted this

BOOK OF REGULATIONS
for the standards of working of the travel agencies - members of ATAM

I. GENERAL PROVISIONS

Article 1
The standards, general conditions of the tourist arrangements and other conditions of working of the travel agencies are regulated with this Book of Regulations.

II. STANDARDS AND WAY OF WORK

Article 2
Each member - organization of ATAM, travel agency or enterprise that has the right for tourist working by its registration, should fulfill the following minimal conditions:

  • office place for tourist working (place for work of the employees and place for the customers);
  • to possess at least one telephone connection and one fax or telex, connected with the telecommunication network on the name of the Agency;
  • to have at least 2 employees who are regularly employed on indefinite time;

1. Tourist offers for the domestic guests and foreigners with a temporary stay in the Republic of Macedonia

Article 3
The tourist offer (program) has:

  • to be typed on a "memo" of the travel agency or printed as a flyer, posted advertisement, brochure, with "logo", address, telephones of the travel agency;
  • to point out the facilities and hotels with its categories according to the categorization in the particular country;
  • to point out all kinds of transportation (for ex. for train: the type, class, category of the beds in the couchette; for plane: the name of the air company and the type of the flight - regular or charter; for bus: with the logo of ATAM for the right to drive tourist groups; for ship: the type, name of category of cabins;
  • to point out the price and services that are included in the price;
  • to point out the additional non - obligatory services;
  • to point out or to refer to the general conditions of the tourist arrangements;
  • to realize the program with all of the services, qualities and contents that are pointed out.

Article 4
Travel agency which organizes a tourist journey abroad should provide a tourist guide - person from the Association of the tourist guides of Macedonia or at least a person regularly employed in the agency with a knowledge of at least one world language (certificate obtained from the Faculty or Center for Foreign Languages).

Article 5
Travel agency that organizes a tourist journey in the country should provide a guide, only a person from the Association of the tourist guides of Macedonia .

Article 6
Travel agency can offer, organize and realize a program for summer and winter holidays in the country and abroad, with or without organized transportation, if there is an agreement with the hotel (hotels) in which all conditions and services will be pointed out (name of the hotel and category, type of rooms, prices, the modality and dynamics of payment, type of lease - fixed, allotment, combined).

Article 7
Travel agency, which conducts a program for summer or winter holydays with an arrangement with above 50 beds at the same time and at the same place, should have its own representative on the very place (hotel), physical or legal person, with whom an agreement is signed.

Article 8
Article 3 from this Book of Regulations applies in whole for this kind of offer.

Article 9
Two and more travel agencies can offer, organize and realize "pool" program for this kind of offer, aiming to lease larger number of beds, to arrange transportation, to conduct bigger commercial and advertising activity and to give high quality offer to the clients.

"Pool" partnership (working) should be regulated with an agreement signed from all the members - partners.

2. Organization of cultural - entertaining, sport and scientific events

Article 10
If a travel agency fully conducts the organization and technical realization of the event, it should submit all the necessary requests and documentation to the competent authorities (ministries, local government), considering that this means the respect and fulfillment of all positive legislation and legal provisions.

Article 11
If the travel agency is engaged for a part of the organization and technical realization of the event, and it mediates in the realization of the hotel and catering services, transport and other tourist services, the agency should:

  • have an agreement with hotel and catering services, transport and other enterprises which are directly providing the services;
  • have an agreement with the purchaser of the services, the main organizer of the event.

3. Sale of travel documents (train, bus and plane tickets)

Article 12
Travel agency can sell train and couchette tickets if it has trained personnel and has relevant agreements with the railway - transport enterprise and the enterprise, which is the owner of the couchette.

Article 13
The travel agency can sell bus tickets, if it has the relevant agreement with the bus enterprise.

If the transaction is for the sale of bus tickets for international lines and on the account of the foreign bus or travel enterprise, the travel agency as an integral part of the agreement should have the same permission from the competent authorities of the foreign country as it has from the competent authorities of its own country.

Article 14
The sale, tariffs and all the relations among the clients and the travel agency are regulated according to the regulations of the railway - transport enterprise (the owner of the couchette, bus enterprise).

Article 15
The travel agency can sell air tickets if it has trained personnel for that service, as:

  • IATA agent, with all rules and regulations of IATA;
  • agent of one or more domestic or foreign companies with which it has concluded relevant agreements;
  • sub-agent of another member of ATAM with which it has an agreement.

Article 16
The sale, tariffs, the way of making reservation and the conformation of the seats in the planes, flight schedules and their corrections, reimbursements, accounting, the modality of payment, and the relationship between the travel agency and the clients, are regulated only according to the of IATA regulations or with agreements with the air companies.

Article 17
Training of the personnel, seminars, courses, refreshment of the knowledge are organized according to the of IATA regulations from the authorized school centers (educators, individuals) or with an agreement between the travel agencies represented by ATAM and the air companies.

III. OBLIGATORY ELEMENTS OF THE GENERAL CONDITIONS OF THE TOURIST ARRANGEMENTS

1. Rights and liabilities

Article 18
The rights and the liabilities of the travel agency are:

  • to give to the users of the arrangement a written program before the beginning of the journey;
  • to fulfill completely the published program of the arrangement;
  • to take care for the rights and interests of the passengers;
  • to engage for the reimbursement of the damage for the passengers if the services are not conducted according to the program;
  • the agency does not take the responsibility for eventual different oral information for the program of the arrangement.

Article 19
The damage will be reimbursed on the basis of written request form the user of the arrangement.

The request for the reimbursement of the damage should be submitted from the user during the journey, or 8 days after the end of the arrangement.

The agency is obliged to reimburse the damage immediately, or to issue a decision upon the request for reimbursement and to send a written answer to the user of the arrangement 15 days after the reception of the request.

If the provider of the service should reimburse the damage, the travel agency has the right to decide if it will conduct the reimbursement to the user, and to obtain reimbursement from the provider of the service, or it will represent the passenger to realize the reimbursement at the provider of the service, which has caused the damage.

2. Rights and liabilities of the user of the arrangement

Article 20
The rights and liabilities of the user of the arrangement are:

  • to be acquainted in details with the Program of the arrangement and to receive a written copy of it;
  • to confirm with signature on the application - agreement, that he/she is acquainted and that he/she is accepting the program and the general conditions of the arrangement;
  • he/she is obliged to pay the amount on the way and dynamics which are foreseen with the conditions of the arrangement;
  • to give the information and documents to the agency which are needed for the transportation, accommodation, border crossing etc;
  • the documents and the luggage of the passenger to fulfill the conditions prescribed with our regulations, as well as with the regulations of the countries where the journey will take place;
  • the passenger is responsible for the damage, which will be done to the agency with the breaking or not fulfilling the above-mentioned legal and administrative provisions.

3.Special rights and liabilities

3.1. Replacement of the passenger with another person

Article 21
The passenger can appoint another person to use the arrangement instead of him/her. The condition is - this person to fulfill the conditions and to meet the liabilities, pursuant to the arrangement.

The agency can reimburse the eventual costs done by the replacement of the passenger, from the person who has done the replacement.

3.2. Increasing of the price of the arrangement

Article 22
The agency can increase the price and request an additional payment:

  • if the exchange rate of the currency is changed;
  • if there is a change of the tariff of the transporter which is influencing the price of the arrangement;
  • if there is an increase of the legal, tax and similar liabilities;
  • if the provider of the service raises the price unilaterally;

The agency includes the right to enhance the price of the arrangement in the conditions of the arrangement.

4. Canceling the arrangement from the passenger

Article 23
The passenger has the right to cancel the arrangement. It that case he/she is obliged to pay reimbursement to the agency.

The amount of the reimbursement will be applied by the agency in the following rates:

  • 10% - if the arrangement is cancelled 15 days before the beginning of the arrangement;
  • 50% - if it is cancelled 6 - 15 days;
  • 70% - if it is cancelled 3 - 5 days;
  • 90% - if it is cancelled 2 days before the beginning of the arrangement.

The passenger will pay the reimbursement in the amount of the real costs if he/she provides a replacement when canceling the arrangement or the replacement is provided by the agency.

In case the Insurance Company insures the arrangement, the reimbursement is regulated according to the Agreement on insurance.

4.1. Change of the program of the arrangement

Article 24
The agency has the right to change the program of the arrangement if the change is caused by extraordinary conditions that cannot be foreseen or avoided by the agency.

The accommodation can be changed by the agency with the accommodation in another facility, in the same or higher category, in the same place, on its own account.

If the agency makes a significant changes in the program because of which the passenger is canceling the arrangement, the agency is obliged to reimburse the costs to the passenger.

4.2. Stornation of the arrangement

Article 25
The agency has the right to cancel the arrangement if the minimal number of passengers announced in the program has not been accomplished.

For the changes the agency is obliged to report it to the passenger 7 days before the beginning of the arrangement. In that case the passenger receives the full amount of the paid money.

The agency has the same right to pay the full amount, if before or during the arrangement, extraordinary conditions develop that cannot be foreseen, avoided or taken away by the agency.

5. Insurance of the arrangement

Article 26
For the possibilities and conditions for the insurance of the user of the arrangement, the agency is obliged to report it to the client before his application, or before making the reservation of the arrangement.

IV. FINAL PROVISIONS

Article 27
This Book of Regulations enters into force on the day of its adoption, and will be published in the Bulletin of the Economic Chamber of Macedonia.

Article 28
The changes and amendments to this Book of Regulation will be done in a procedure identical to its adoption.

 

 

 

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