The general terms and conditions on the websites www.benetke.com, www.venice.si, www.venedig.si or www.venezia.si (hereinafter referred to as the Websites) apply to transport and the organization of transport on international maritime lines between the ports of Istria (Izola , Piran, Umag, Poreč, Rovinj, Pula and Rabac) and Venice, marketed by TOP Line d.o.o. Portorož (hereinafter TOP Line).
If in the special terms and conditions of business or an individual program regarding any point of these general terms and conditions and instructions it is otherwise specified, the special terms and conditions of business or stipulation stated in the program.
In the case of telephone or Internet sales, it is considered that the passenger has accepted the provisions of these General Terms and Conditions of Business when he/she orders transportation by telephone or via the Internet, where he is reminded of the General Terms and Conditions of Business. The passenger can familiarize himself with the provisions of the general conditions and instructions on the Website or on any other page where TOP Line, as the organizer, provides its services on the Internet, where they are specially marked and generally accessible.
Buyer or passenger is any person who has made a valid reservation or purchased and paid for a ticket or other service at TOP Line or authorized sellers.
BOOKING
A passenger can book a trip marketed by TOP Line at any TOP Line office or authorized reseller. At the time of booking, TOP Line and the passenger enter into a contract, which is also a booking confirmation and contains either the passenger’s ticket details or refers to the programme where this information is provided. At the time of booking, the traveler is obliged to provide all the information and submit the documents required by the travel programme and to pay the registration fee and the cost of the booking.
In the event that the passenger does not provide correct information at the time of booking, he or she shall be liable for all costs and consequences arising from incorrect data.
Please note that the passenger’s booking is binding. He may withdraw from it only in accordance with the provisions on the passenger’s cancellation.
Binding check-in is subject only to a written check-in or a signed agreement between the passenger and top line or. authorised agency. The contract is deemed to be concluded on the date of written confirmation of TOP Line.
When booking to an RQ-request, the trip is valid only after the passenger’s confirmation and payment received by TOP Line or. authorised agency.
PAYMENT
The traveller can pay by cash or other intended means of payment.
PRICES
Prices of tourist services are set for official price lists published on the Web sites and are valid from the date of publication of the programme. TOP Line reserves the right to change the price due to changes in the exchange rate or changes in the tariffs of carriers that affect the price of the trip, in accordance with the law governing obligations and regulations in force in the Republic of Slovenia.
TOP Line may specify prices of extra services in the program that will be provided in course of the travel. In these cases, TOP Line does not act as an organizer, not as an intermediary, but merely an informant. In this case, the traveller claims all claims exclusively from the service provider on the spot.
Any discounts and benefits are mutually exclusive and not added up. If several discounts are provided, the traveler can choose the discount that best suits him.
REGISTRATION FEES
As an active member of the Association of Tourist Agencies of Slovenia (from now on ZTAS), TOP Line has the right to charge each booking an entry fee that is determined by the ZTAS policy or determined by THE TOP Line itself. TOP Line reserves the right not to charge the registration fee exclusively for bookings made directly using the booking system of the www.benetke.com. If booking is made by e-mail, telephone or in person at the TOP Line office, the registration fee may be charged.
VALUE OF ADDED TAX (VAT)
All prices, specified on international passenger maritime transportation, VAT is excluded according to art 49/2 of the Slovenian VAT code.
The fare includes:
- all port duties,
- transportation by boat or catamaran,
- Escort on the ship,
- All passengers on the ships are insured under an international P&I (protect and indemnity) insurance policy by the shipper.
The primary service is transportation provided by the carrier for which TOP Line acts as an agent.
OTHER AND SPECIAL SERVICES
Special services are those services which, as a rule, are not included in the price of the fare (drinks, meals, optional additional excursions) or for which additional payments are foreseen in the program, so the passenger pays for them separately, unless otherwise specified in the program.
If special or additional services are included, the passenger submits his wishes for these services upon booking and pays them additionally to the price of the fare. Published prices of additional or special services apply only in the case of ordering and paying for these services, when ordering and paying for the basic arrangement at the registration point.
All services that the passenger pays for during the trip on the ship are organized by the shippers, and TOP Line has no influence on their quality, not even their implementation. The prices published on the Web sites are exclusively informative and can be changed at shipper’s will. The passenger also agrees to file all possible complaints with the shipper of the selected vessel.
* up to 72 hours before departure of the ship – 15 € administrative costs of processing the reservation
* 71:59 to 48 hours before departure of ship – 25% of the value of the arrangement
* from 47:59 to 24 hours before departure of the ship – 50% of the value of the arrangement
* from 23:59 to 00 hours before departure of the ship (also applicable to non-participation) – 100% of the price of the arrangement
All sales are final and the passenger is not automatically entitled to a refund. For all changes and cancellations, the passenger must send a notification to rezervacija@benetke.com.
In the event of a change of programme at his own request, or for reasons of force majeure, without there being any grounds on top line’s part because of improperly rendered service, the passenger shall not be entitled to claim any compensation or price reduction.
After the conclusion of the contract, the passenger may change the name or number of passengers, accommodation, date of travel, provided that such change is possible without cancellation of the arrangement. The registration fee is not refunded to the passenger if the passenger cancels the reservation.
CANCELLATION INSURANCE
If the passenger anticipates at the time of registration that he/she will not be able to participate in the trip due to certain circumstances (which may occur in his/her immediate family), he/she may pay a cancellation fee.
The conditions, under which the fare is refunded is justified in case of government official calls, unexpected deterioration of health conditions or death in the immediate family (spouse, parents, children) and can only be exercised upon presentation of the relevant documentations.
The cancellation fee amounts to 5% of the price of the arrangement and must be paid at the time of booking.
The program can specifically determine a different amount of the cancellation fee, or that the cancellation fee is not possible.
If the passenger does not start the trip on the day specified as the start of the trip and does not cancel the trip in writing before the start, he does not have the right to claim a refund of the payment based on the cancellation fee paid. It is also considered that the passenger has not started the journey, or that he has withdrawn from the contract, when the passenger is not accepted for transportation by the carrier (airline, ship, bus, etc.) for any reason, which may be of a security or regulatory nature, regardless of whether this occurred during the trip or at the beginning of the trip. In such a case, the passenger is responsible for all damage caused and cannot claim any refunds based on the cancellation fee paid.
In other cases, documented force majeure events that do not belong to the events covered by the cancellation fee and due to which the passenger cancels the trip or withdraws from the contract, TOP Line has the right to reimbursement of all its already incurred costs, as well as those incurred by the cancellation of the trip itself. Force majeure must be documented by valid official documents and such that it could not have been anticipated, avoided or prevented before the conclusion of the contract.
A claim for the cancellation fee cannot be made after the vessel has left the first port.
If the passenger takes out travel cancellation insurance with one of the insurance companies, the passenger’s rights regarding the cancellation fee are asserted with this insurance company, whereby the insurance company’s general conditions apply.
In case of cancellation of the trip by TOP Line or other shipping companies for justifiable reasons, such as ship breakdown, weather conditions, state of war or force majeure, TOP Line is obliged to return the entire purchase price to passengers within 5 working days. By purchasing a ticket from the TOP Line agency or authorized sellers and on the Websites, the buyer agrees that in the cases mentioned above, he is NOT entitled to any compensation for incurred travel expenses, lost profit due to absenteeism or daily wages.
The passenger is obliged to TOP Line or to provide the authorized agency with your contact number, (GSM), which TOP Line will use EXCLUSIVELY for the purpose of informing you about schedule changes or trip cancellations. If the passenger does not provide TOP Line with a contact number, TOP Line will not contact him in the event of a change in the travel schedule or cancellation on the day of departure.
In accordance with applicable legislation, TOP Line reserves the right to cancel the trip or change the travel program.
TOP Line reserves the right to cancel the trip no later than 7 (seven) days before the scheduled departure, if the required number of passengers does not register for the trip. The minimum number of registered passengers on vessels is 40% occupancy.
In cases where TOP Line explicitly guarantees the departure in writing or “guarantees the departure”, it cannot cancel the trip due to insufficient number of passengers.
TOP Line reserves the right to fully or partially withdraw from the contract if extraordinary circumstances occur before or during the implementation of the program that could not be expected, avoided or prevented (force majeure). ,
TOP Line may terminate the contract or withdraw from the contract and demand reimbursement of damages from the passenger who directly violates the provisions of the contract concluded with TOP Line, especially if it is established that the passenger has intentionally provided incorrect information about the number of passengers or their age, or changes occurred during the trip, and the passenger did not inform TOP Line about this.
TOP Line cannot take responsibility for changes to the program due to the occurrence of any force majeure during the course of the program. In these cases, it can provide passengers with services in a modified form, based on existing options.
If TOP Line cancels the trip, the passenger has the right to a full refund of the price paid. In the event of cancellation of the trip by TOP Line, the passenger is not entitled to reimbursement of the cost of the visa required to enter the country to which the trip is to be made, or the cost of vaccinations required by the program or any other costs.
TOP Line informs the passenger immediately about any subsequent change in the program.
TOP Line reserves the right to cancel the trip due to force majeure before the start of the trip, and is obliged to refund passengers only the amount already paid. In case of cancellation of the trip due to force majeure during the trip, TOP Line is obliged to return the passengers to the place of the start of the trip using available alternative means of transport, which means that the trip is considered completed and as a result the passenger is not entitled to any compensation or refund of paid funds.
A change in the travel date is possible up to 72 hours before the start of the trip – the cost of the change is €15.00. Any differences in fare shall be accounted for in accordance with the price list in force at the date of the change.
CHANGE OF PASSENGER NAME
Changes to passenger names are possible up to 14 hours before departure. Any change, regardless of the number of changes in the individual booking, will be charged €15. Charging does not apply if the passenger does not provide all the information at the time of booking and reports it at a later date.
In the event that individual States make entry into a country with a specified period of validity of the travel document before the expiry date of entry, the passenger shall be obliged to take care of himself and top line for any inconvenience or forced interruption of the passenger’s travel under this address.
The passenger owes it before the trip, or obtain, by the time limit laid down in the programme, visas for the countries to which it travels and undergoes the vaccinations required for those countries. If the passenger fails to comply with this obligation, TOP Line will comply with the passenger cancellation provisions. If a passenger is covered by a TOP Line visa, it does not guarantee the success of obtaining the visa. The cost of obtaining TOP Line visas is not refunded to the passenger. TOP Line does not guarantee the accuracy of information obtained from the competent embassies. In the event of refusal of entry into the country, or other obstacles, bear all the costs of the passenger himself. Top Line’s brokerage when obtaining a visa is not included in the price of the trip, but is paid separately. It is considered that the traveller arranges the visa himself when TOP Line does not deliver the necessary documents within the time limit specified in the programme or offer.
Due to requirements in international passenger transport (air, ship, bus…), the passenger is obliged to provide all necessary information on all participants in the journey or flight he declares upon check-in. The data must be fully consistent with the information in the official documents which the trip participants are obliged to carry with them in accordance with the rules on crossing the national border and the relevant foreign legislative acts. In the event that incorrect information causes a delay, additional costs or interruption of the trip, the passenger shall be responsible for any costs incurred by the participants only by the passenger himself.
When arranging formalities in this regard, the traveller may contact the travel manager or top line representative for advice and assistance.
In the event that the passenger has to terminate the journey as a result of the loss or theft of documents, he shall not be entitled to any refund of the paid trip or reimbursement.
All passengers with a valid ticket purchased from TOP Line or an authorized retailer are entitled to a certain amount of luggage, which depends on the type of travel.
Daily return ticket: 1 piece of hand luggage (max 15kg)
One-way ticket: 1 piece of hand luggage, 1 large suitcase (max 32 kg)
Bicycles: bicycles can be transported on ships, provided that you have paid extra for them according to the current price list.
Electric bikes: NOT allowed on catamarans.
Larger pieces of luggage can be transported on ships, but only with prior notice.
TOP Line is not responsible for the theft or damage of the passenger’s luggage or other personal belongings, valuables and documents.
The passenger must object to irregularities or deficiencies on the spot, to TOP Line’s personnel, direct service provider, representative or local agency. If, judging by the content, the complaint could have been resolved on the spot, but the passenger did not object to the error on the spot and did not inform the persons mentioned above about the irregularity, it is considered that the passenger agreed with the service provided in this way and thereby lost the right to invest later complaints with a request for a reduction in the price of the service or payment of damages.
The passenger can file a complaint in writing within the prescribed period. Without a written complaint, TOP Line does not process claims for price reductions, compensation and other claims. The passenger is obliged to send a written complaint to the address: TOP Line d.o.o. Portorož, Obala 114, 6320 Portorož no later than the statutory deadline.
The complaint must be signed, and each passenger can file it on their own behalf or authorize a third party in writing. The authorization must be attached to the complaint, otherwise TOP Line will not process such a complaint.
The complaint must be substantiated and described accurately and concretely. TOP Line will reject complaints that contain general statements, such as: the service was of poor quality. The passenger should be obliged to attach relevant evidence and/or a relevant certificate from the carrier to the complaint, or other relevant persons about the facts on the basis of which the passenger asserts his claim.
In any case, the amount of compensation is limited by the amount of the paid arrangement, if the program or some services were not implemented due to TOP Line’s fault, the passenger has the right to compensation in the amount of the real value of the services not performed. This provision does not apply if TOP Line has the right to cancel the arrangement or change the program, in accordance with the provisions of these general conditions and the law.
CONFLICT SOLVING
Any disagreements will be resolved amicably by the contracting parties. Any dispute or claim arising from or in connection with this contract, including its breach, termination or validity, will be finally resolved in an arbitration procedure in accordance with the Arbitration Rules of the Permanent Arbitration of the Chamber of Commerce of Slovenia of Slovenian law, except for the provisions on collision rules. The arbitration panel will consist of an individual arbitrator chosen jointly by both parties. If they fail to choose it together, it will be determined by the Permanent Arbitration at the Chamber of Commerce of Slovenia. The seat of arbitration will be Ljubljana. The arbitration procedure will take place in the Slovenian language.