1. GENERAL CONDITIONS
These General Business Terms and Conditions (hereinafter: General Terms and Conditions) are an integral part of the Package Travel Agreement (hereinafter: Agreement) concluded between the Agency as a travel organizer on the one hand and the Travel Contractor (hereinafter: Contractor) on the other. sides.
In addition to these General Terms and Conditions, the Travel Program in a package arrangement (hereinafter referred to as: Travel Program) is an integral part of the Agreement. When this is indicated in the Agreement and/or the Travel Program, the Special Terms and Conditions (hereinafter referred to as: Special Terms) form an integral part of the Agreement, in addition to these General Terms and Conditions.
If the Agreement and/or the Travel Program and/or the Special Terms and Conditions, and about any of the points of these General Terms and Conditions, stipulate otherwise, the provisions outlined in the Agreement, then the Travel Program, then the Special Terms and Conditions, and finally the General Terms and Conditions shall apply.
These General Terms and Conditions apply only to package arrangements in which the Agency is the organizer. Therefore, these General Terms and Conditions do not apply in the event that the Agency mediates and/or sells the services of other travel agencies. In the event that the Agency mediates and/or sells the services of other travel agencies, the responsible travel organizer will be indicated in the Contract and the general conditions of that organizer will apply, which the Agency will make available to the Contractor. It is considered that the General Terms and Conditions of the Agency apply unless otherwise specified in the Agreement.
The terms used in these General Terms and Conditions, which have a gender meaning, refer equally to the female and male genders. At the same time, all expressions used in these General Conditions apply to the singular and plural forms of these expressions. The meaning of certain terms as determined by these General Terms and Conditions also applies when these terms are used in other documents and/or documents of the Agency, unless otherwise specified in those documents and/or documents.
2. DEFINITIONS AND MEANING OF BASIC TERMS
Certain terms in terms of these General Terms and Conditions have the following meaning:
"Agency" means the tourist agency HRVATSKA NA ČAŠU d.o.o., with headquarters at Labinska 8, Zagreb, Croatia, registered in the court register of the Commercial Court in Zagreb under MBS: 081449323, OIB: 63569146827.
"Act and/or ZPUT" means the Act on the provision of services in tourism (Official Gazette 130/17, 25/19, 98/19, 42/20, 70/21) and with all its potential amendments in the future.
"Travel program" means a document that is an integral part of the Agreement and that contains pre-contractual information for package arrangements, especially from Art. 29. paragraph 1. t. a), c), d), e) and g) of the Act. In addition to the above, the Travel Program may contain other information that the Agency considers useful.
"Contractor" means any entity that wants to conclude and/or has concluded a Contract with the Agency for its own benefit and/or for the benefit of one and/or more Travelers
"Traveller" means any person who, based on the concluded Contract, exercises the right to travel from that contract.
"General terms and conditions" means these General terms and conditions, and they mean a set of pre-prescribed business conditions that apply to the Agency's package arrangements
"Special Conditions" means a set of pre-prescribed business conditions that, in addition to the General Conditions, apply to the Agency's package arrangements and related to travel to individual destinations and/or a specific type of travel, when their application is indicated in advance by the Travel Program and/or the Contract
The date of delivery/receipt of any notification/information to be received by the Agency is considered exclusively the day when the Agency receives the notification/information in writing or using other means that have the character of a permanent data carrier. If the Contractor delivers the notification/information by mail, the written document must be delivered by registered mail with a return receipt.
The terms used in these General Terms and Conditions have the meaning established by the Law and/or are interpreted in accordance with the Law, unless these General Terms and Conditions expressly provide otherwise.
3. TRAVEL PROGRAM
The Agency, as a travel organizer, guarantees the implementation of the Travel Program as described in the program it organizes which is published on the website www.croatiabytheglass.com. The content of the program will be fully implemented by the Agency in the manner described, except in case of extraordinary circumstances (e.g., but not exclusively, war, riots, strikes, terrorist activities, sanitary disturbances, natural disasters, traffic accidents, sudden and unusual traffic jams, interventions by competent authorities, situations beyond the control of the Agency, disruptions in the schedule and delays of means of transport, weather problems, epidemics, pandemics, etc.). Exceptionally, some destinations require adjustments and improvisations on the ground, therefore the Travel Program may differ from the published one.
Unless otherwise specified, all conditions indicated in the Travel Program regarding regulations on travel documents, visas, foreign exchange, border, customs and health regulations, etc., are exclusively valid for Croatian citizens. Citizens of other countries have the right to travel with the Agency, subject to conditions that are, with respect to theirs
citizenship, prescribed by the countries of departure, transit and destination. Before applying for a package-arrangement reservation, foreign nationals are required to check all travel conditions.
4. REGISTRATION ON THE WEBSITE
Any natural person over the age of 18 who has full business capacity and who wishes to use the Agency's services through the website www.hrvatskanacasu.hr is authorized to register on the website in order to create their user account/profile. During registration, the subject is obliged to enter all correct data. Registration is not possible without entering data for which mandatory entry is indicated. The user account/profile created on the website www.hrvatskanacasu.hr can be used by the holder of the user account/profile exclusively for the purpose of inquiries and/or registration for booking package arrangements and/or other services offered by the Agency and performing actions related to organizing and realizing travel and/or other services and benefits offered by the Agency in its operations.
All registered data and documents must correspond to the valid personal documents of the Contractor/Traveler that will be used during the realization of the trip. The Agency is not responsible for receiving, using and/or forwarding incorrect or incomplete data and/or documents. The user account/profile holder who becomes a Contractor and who does not provide the Agency with accurate and/or complete data and/or documents during registration is responsible for all consequences and costs resulting from the use of inaccurate and/or incomplete data and/or documents. In case of registration of incorrect or incomplete data and/or documents, the Agency may terminate the Agreement with the effect that it was terminated by the Contractor and demand payment of all incurred costs and damages from the Contractor.
In the event of any change in registered data and/or documents, the holder of the user account/profile is obliged to make appropriate changes in the user account/profile without delay. Otherwise, he will be considered to have registered incorrect data and/or documents.
There is no obligation to register on the website www.hrvatskanacasu.hr. Registration is exclusively a benefit that the Contractor can use when making an inquiry and/or applying for a package-arrangement reservation. In addition to using the user account/profile, the Contractor may submit an inquiry and/or application for the reservation of a package arrangement from the Agency's offer to the Agency in other ways that are indicated in the further course of these General Terms and Conditions.
5. APPLICATION AND CONCLUSION OF CONTRACT
The contractor can submit his inquiry and/or application for booking a package arrangement from the Agency's offer to the Agency via the website www.croatiabytheglass.com, by e-mail, by phone and/or through the sales channels of authorized tourist agencies, intermediaries that offer package arrangements of which the Agency is the organizer. .
When applying for a package-arrangement reservation, the Contractor is obliged to provide the Agency with all correct information and to attach the documents of the Contractor/all Travelers that are necessary for the organization and implementation of the trip. The submitted data and documents must correspond to the valid personal documents of the Contractor/Traveler that will be used during the trip. The Agency is not responsible for receiving, using and/or forwarding incorrect or incomplete data and/or documents of the Contractor/Traveler. The Contractor who does not provide the Agency with accurate and/or complete data and/or documents of the Contractor/Traveler during the application, is responsible for all consequences and costs resulting from the use of incorrect and/or incomplete data and/or documents. In case of delivery of incorrect or incomplete data and/or documents by the Contractor/Traveler, the Agency may terminate the Agreement with the effect that it was terminated by the Contractor and demand payment of all incurred costs and damages from the Contractor. In the event that the Contractor does not submit data and/or documents in accordance with the terms and conditions of the Agreement, it will be considered that he has terminated the Agreement, in which case the provisions on termination of the Agreement by the Contractor shall apply. In the event of any change in the data of the Contractor/Traveler, which are necessary for organizing and realizing the trip and/or documents that the Contractor/Traveler will use during the realization of the trip, the Contractor is obliged to submit new data and/or documents to the Agency without delay. Otherwise, he will be considered to have submitted incorrect data and/or documents, and the rules applicable to the submission of incorrect data and/or documents will be applied.
Upon application for the reservation of a package arrangement, the Contractor and the Agency will enter into a Contract, which also serves as a confirmation of the reservation. The contract is considered concluded when the Contractor and the Agency sign it or otherwise clearly and unequivocally confirm their agreement using means that have the character of a permanent data carrier (via the website www.croatiabytheglass.com by e-mail, or by making available a credit card number, payment on account etc.).
The contract produces legal effects and binds the Agency only if and when the Agency, based on the given offer, within the period specified by the Agency, receives from the Contractor to its business account the amount of advance payment determined by the Travel Program, and if it is not determined, at least 30% of the reservation value. If the Contractor does not make the advance payment according to the submitted offer and in accordance with the indicated conditions, it will be considered that he has canceled the application for the package-arrangement reservation.
By concluding the Contract, the Contractor confirms that he is fully familiar with all the characteristics of the selected trip, and that he fully understands and accepts the Contract, the Travel Program, Special Conditions (if applicable) and these General Conditions. If the Contractor contracts a trip for another Passenger/other Passengers, by concluding the Agreement, he confirms that he has fully familiarized the Passenger/Passengers with all of the above, and guarantees that they fully understand and accept the Agreement, the Travel Program, Special Conditions (if applicable) and these General Terms and Conditions conditions. The Contractor undertakes to inform the Passenger/Passengers with all additional information obtained in further contact with the Agency.
The Contractor is obliged to pay the remaining amount of the total price of the package-arrangement to the Agency no later than 7 days before the start of the trip, unless otherwise specified in the Contract. If the remaining amount of the total price of the package-arrangement is not paid within the agreed term, it will be considered that the Contractor has terminated the Agreement, which results in the Contractor's obligation to pay the Agency the agreed fee for termination of the Agreement.
Unless otherwise specified, for individual travel inquiries, the Agency may charge a fee for making an offer. If the offer is accepted, the amount charged will be deducted from the total price of the package arrangement. In the event that the Contractor does not accept the prepared offer, the Agency retains the amount charged to cover the costs of preparing the offer.
6. PAYMENT
Unless the Contract, Travel Program and/or Special Conditions (if applicable) provide otherwise, the Contractor may pay for the Agency's services by bank transfer to the Agency's business account, credit/debit cards accepted by the Agency.
All costs, fees and commissions incurred in connection with monetary transactions and/or card payments are borne by the Contractor.
The day of payment is considered the day when the Contractor's payment is recorded on the Agency's business account.
Proper and timely settlement of all costs according to the terms of the Contract, Travel Program, Special Conditions and/or these General Conditions guarantee the Contractor/Traveler an available seat on the selected trip. In case of non-fulfillment of this obligation, the Contractor shall be deemed to have terminated the Agreement, and the provisions applicable in the event of termination of the Agreement by the Contractor shall apply.
7. PRICE AND CONTENTS OF THE PACKAGE ARRANGEMENT
The price of the package arrangement is determined by the Travel Program and is highlighted in the Contract, and it includes the Agency's services, which are listed in the Travel Program under the section "The price of the package arrangement includes". The prices of the services must be added to the price of the package arrangement under the section "Mandatory supplement".
Unless otherwise agreed, the price of the package arrangement does not include additional services, such as optional (optional) excursions and visits, entrance tickets, costs of obtaining and issuing visas, costs of vaccinations and/or tests and/or additional documentation required for entry into , stay or exit from a particular country, insurance costs related to the trip (travel insurance), all types of special services (single room, special meals, etc.) as well as all other services that are not included in the package price according to the individual travel program - arrangement. All such additional and/or special services that the Contractor/Traveler chooses, he is obliged to pay additionally to the Agency according to their indicated price.
Package arrangement prices are published in the currency in use in the Republic of Croatia and are calculated according to service prices in reference currencies at the mid-rate of the Agency's commercial bank on a certain day. Prices of package arrangements are valid from the date of publication of the Travel Program.
The prices listed in the Travel Program are based on the prices agreed between the Agency and its suppliers/service providers, and therefore do not have to correspond to the prices listed at the destination that is the subject of the trip. The agency is not obliged to explain the costs and the method of calculating the price of individual services.
By entering into the Contract, the Contractor confirms that he is aware of the fact that the price of the package arrangement may be different for other Contractors, due to actions and promotions of the Agency, to improve the sale of package arrangements and fill vacancies (e.g. special offers called "First minute", "Last minute" etc.). The contractor who paid for the package arrangement at the full price is not entitled to a refund of the difference in the price of the package arrangement.
All applicable discounts are expressly stated in the Agreement. Possible discounts and benefits are always mutually exclusive and are never added together, and in that case, the Contractor can choose a discount or benefit that
and the one that suits him best and for which he meets the requirements. The discount is calculated exclusively on the part of the price without mandatory or additional surcharges, i.e. on the part from which residence taxes, airport taxes, port taxes, or similar, or additional or special services (meals, excursions, transportation, etc.) are excluded.
The Agency does not approve the refund of the Contractor's/Traveler's funds for any contracted service that the Contractor/Traveler did not use due to his own decision or fault.
After concluding the Agreement, the Agency may increase the agreed price no later than 20 days before the start of the trip, if the price increase is a direct consequence of the change:
• passenger transportation prices that resulted from fuel costs or other energy sources
• amounts of taxes or fees for travel services covered by the contract determined by third parties who are not directly involved in the execution of the package arrangement, including tourist taxes, landing fees or fees for embarkation or disembarkation at ports and airports
• exchange rates that are relevant for the package-arrangement
• prices of accommodation, meals and/or other services
The price increase is calculated in the same percentage as the change in the listed calculation elements.
If it is an increase of the agreed total price of the package arrangement by up to 8%, the Agency can implement the increase unilaterally, but it will notify the Contractor of this via a permanent data carrier in a clear and comprehensible manner, with an explanation of the increase and a calculation.
The contractor has the right to a price reduction that corresponds to any reduction in costs associated with the above-mentioned elements in relation to which an increase in the agreed price can be requested, and which occurs after the conclusion of the Agreement and before the start of the package arrangement. In the event of a price reduction, the Agency has the right to deduct the actually incurred administrative costs from the refund owed to the Contractor.
If the increase in the agreed total price of the package arrangement is greater than 8%, the Contractor has the right to terminate the Agreement. In this case, the Contractor has the right to a refund of the amount paid without the right to compensation for damages and possible costs of visas, insurance, vaccinations, etc. The Agency will, through a permanent data carrier, inform the Contractor of such an increase (greater than 8%) in a clear and comprehensible manner, with the explanation of that increase and the calculation, and with the instruction to the Contractor that within 2 days from the receipt of the written notification, he should state in the same way whether he accepts the proposed change or terminates the Agreement. If the Contractor does not submit a written notice of termination of the Agreement to the Agency within 2 days of the Agency's written notification of the price increase, he is considered to have agreed to the price increase.
8. CATEGORIZATION AND CHARACTERISTICS OF SERVICES FROM THE PACKAGE ARRANGEMENT
The offered accommodation facilities, restaurants, means of transport and other services in the Travel Programs are described according to the official categorization of the country being visited, valid at the time of issuing the Travel Program. The standards of accommodation, food, means of transport, as well as other services offered by different service providers are under the supervision of local tourist authorities, and the standards of these services are different between countries and are not comparable. The Agency does not assume responsibility for oral or written information that is not in accordance with the description of services and facilities in the published programs, and which was obtained by a third party.
Unless otherwise specified, the price of the package arrangement includes airline tickets for air transportation in economy class, and accommodation in standard double rooms. The price of an individual package arrangement is valid for one person and for accommodation in a standard double room used by two people. Unless otherwise specified, individual use of accommodation as part of the trip is possible with an additional charge.
If the Contractor/Traveler does not pay extra for an accommodation unit with special characteristics (e.g. sea view, balcony, specific floor, orientation, etc.) when applying for a package-arrangement reservation, he will be accommodated in one of the accommodation units that are officially registered for guest accommodation in the accommodation facility. The arrangement by accommodation units is the sole responsibility of the accommodation facility. The Agency can convey the wishes of the Contractor/Traveler to the accommodation facility, but in no way guarantees or is responsible for their fulfillment.
Accommodation in single rooms does not correspond to the standard of a double room.
If the Contractor/Traveler uses a three- or four-bed room in the accommodation facility, the accommodation facility in that case usually issues a double room with an extra bed or a room with two double beds for four people. The quality of the extra bed depends entirely on the accommodation facility. In no case is the Agency responsible for the quality of the extra bed, so any dissatisfaction of the Contractor/Passenger arising from these reasons cannot be the subject of a complaint.
9. ADDITIONAL AND SPECIAL SERVICES
Additional services are services that, as a rule, are not included in the basic price of the package arrangement
to, such as services of optional (optional) trips and visits, tickets, obtaining and/or mediation in obtaining visas and/or other documents necessary for entry into, stay in, or exit from a particular country, mediation in obtaining travel-related insurance (travel insurance) , all kinds of special services (single room, special diet, higher category accommodation facility, etc.). This enumeration does not finalize the total list of possible additional and special services related to a particular trip. Unless otherwise specified, additional and/or special services can only be booked with a package-arrangement reservation.
The travel program will determine the additional services that the Agency is able to provide to the Contractor/Traveler as part of a particular trip, as well as the prices of these services.
Additional services provided for in the Travel Program can be reserved by the Contractor when registering for a package-arrangement reservation.
All types of special services (single room, special meals, higher category of accommodation facility, etc.), as well as services that are not provided for in the Travel Program, the Contractor is obliged to request/check their availability or the possibility of providing them before applying for a package-arrangement reservation.
Unless otherwise specified, the costs of reserved additional and special services are settled in accordance with the conditions and terms of payment of the basic price of the package arrangement.
For certain additional and special services, it may be specified that they are paid only upon arrival at the destination.
Unless otherwise specified, the choice and/or change and payment of additional services can be made no later than 15 days before the start of the trip.
The Agency is not responsible for changes in the prices of additional services by suppliers/service providers that occur after their publication as part of the Travel Program, in which case it reserves the right to correct them.
As part of trips organized by the Agency, it is not allowed to use the services of other unverified local agencies at the destination, solely for security reasons for the Contractor/Traveler. The Contractor/Traveller is solely responsible for all eventual damages and/or costs that may arise from such actions, both towards the Agency, and towards other Travelers and third parties.
The Agency can, in the Travel Program, or at the request of the Contractor/Traveler sent before the start of the trip or during the trip, recommend certain additional services in the destination, which the Contractor/Traveler pays for on the spot. In this case, the Agency does not act as an organizer, nor as an intermediary, regardless of the help that the tour leader and/or other representative of the Agency may provide to the Contractor/Traveler in obtaining that service, but only as an informant. In this case, the Contractor/Traveler can send complaints only to the direct service provider.
Before the trip, the contractor will be informed about the prices of all additional services from the Travel Program.
Unless otherwise specified, the Contractor/Traveler is free to independently choose the additional services he wishes to use.
In free time during the trip, the Contractor/Traveler is free to use that time for his own programs. If the Contractor/Traveler wants to separate from the group for any reason, it is necessary to notify the tour leader or another representative of the Agency in advance. If the Contractor/Traveler is late for any group arrangement, the tour manager or other representative of the Agency and the group are not obliged to wait for him. All consequences resulting from the delay of the Contractor/Traveler are the exclusive responsibility of the Contractor/Traveler.
Outside of the official Travel Program, there is no obligation of the travel manager or other representative of the Agency to spend time with the Contractor/Traveler. Regardless of this provision, the tour manager or other representative of the Agency will try to meet the Contractor/Traveler in every situation.
10. TRANSFER OF CONTRACT
Before the start of the trip, the Contractor may transfer the Agreement to another Traveler who meets all the conditions applicable to that Agreement, with the additional condition that such a change is possible and/or permitted by the suppliers/service providers included in the package arrangement.
The Contractor is obliged to notify the Agency of the intended transfer of the Contract in writing, or on a permanent data carrier, no later than 15 days before the start of the trip.
The Contractor and the Passenger to whom the Contract is transferred are jointly and severally liable to the Agency for all payments in accordance with the Contract, as well as for any additional fees, charges and/or other costs resulting from the transfer of the Contract.
The Agency will inform the Contractor and the Passenger to whom the Contract is transferred about these possible additional fees, fees and/or other costs.
11. AMENDMENT OF CONTRACT/TRAVEL PROGRAM
After concluding the Agreement and before the start of the trip, the Agency can unilaterally change the terms of the Agreement, if it is an insignificant change, and about which it will inform the Contractor on a permanent data carrier.
An insignificant change is considered any change that does not significantly change the main features of the travel services, does not reduce the quality and/or value of the package arrangement, nor does it cause significant inconvenience and/or additional costs for the Contractor/Traveler.
If, after concluding the Agreement and before the start of the trip, the Agency is forced to significantly change any of the main features of the travel services or cannot fulfill the contracted special requirements of the Contractor/Traveller, it will notify the Contractor of this without undue delay on a permanent data carrier. The notification will contain a description of the proposed changes or a possible replacement package arrangement that the Agency can offer to the Contractor. Unless otherwise specified in the notification, the Contractor is obliged, within 2 days of receiving the notification, in the same way as he received the notification, to state whether he accepts the proposed change or terminates the Agreement. If the Contractor does not provide the Agency with a notice of termination of the Agreement within 2 days of the Agency's notification, it is considered that he agrees with the changes or possible replacement package arrangement, unless otherwise specified in such written notification. If the changes or a possible substitute package arrangement result in a higher quality and/or value of the package arrangement and/or a higher price/additional costs, the notification will contain information about the same, and the price difference must be paid by the Contractor. If changes or a possible replacement package arrangement result in lower quality or price, the Contractor has the right to an appropriate price reduction. Upon receipt of the notification, the Contractor has the right to terminate the Agreement. In that case, the contractor has the right to a refund of the amount paid without the right to compensation for damages and possible costs of visas, insurance, vaccinations, etc.
The Agency is not responsible for changes in the Travel Program due to extraordinary circumstances arising during the realization of the trip. In this case, all incurred costs are borne by the Contractor/Traveler. Exceptionally, in the event of a change in the Travel Program due to extraordinary circumstances arising during the realization of the trip, the Agency can only be responsible for those incurred costs in relation to which the Agreement expressly stipulates that the Agency will bear them in such circumstances. In the event of a change in the Travel Program due to extraordinary circumstances arising during the realization of the trip, the Contractor/Traveler has no right to a refund or any compensation for the services consumed.
If it is necessary to change the Travel Program during the realization of the trip, which cannot be attributed to the occurrence of extraordinary circumstances, the Contractor/Traveler has no right to a refund or any compensation for the services consumed.
In case of necessity to change the contracted accommodation facility during the realization of the trip, the Agency may, without any restrictions and/or consequential obligations for it, replace it with an accommodation facility of the same or higher category and at the expense of the Agency, in which case the Agreement, with regard to the accommodation service, is considered fulfilled in full. If in such a situation there is only the possibility of exchange for an accommodation facility of a lower category, the Contractor/Traveler shall exercise the right to an appropriate price reduction (the difference between the price of the contracted accommodation facility and the replacement accommodation facility).
The Agency fully and without any restrictions and/or consequential obligations on its part reserves the right during the implementation of the trip to change the schedule of tours at the discretion of the tour leader and/or other representative of the Agency. It will be considered that the Travel Program has been fulfilled in its entirety if it is carried out by the end of the trip.
12. TERMINATION OF THE AGREEMENT BY THE CONTRACTOR
From the conclusion of the Agreement until the start of the trip, the Contractor may terminate the Agreement and thereby abandon the trip. In order to terminate the Agreement, the Contractor is obliged to provide the Agency with a written notification of termination of the Agreement on a permanent data carrier, and the Agreement is considered terminated only on the day the Agency receives the written notification.
In case of termination of the Agreement by the Contractor or his cancellation of the trip, the Agency has the right to charge a standard fee for termination of the Agreement in the amount determined according to the date on which the Agency received the written notice of termination.
Unless otherwise specified, the amount of compensation is determined as follows:
• up to 7 days before the start of the package-arrangement, 50% of the total price of the package-arrangement
• 6 to 3 days before the start of the package-arrangement, 80% of the total price of the package-arrangement
• 2 to 0 days before the start of the package-arrangement, 100% of the total price of the package-arrangement
• no show situation, 100% of the total price of the package-arrangement
Regardless of all the percentages mentioned above, if the actual costs resulting from the termination of the Agreement are higher than the prescribed fee, the Agency reserves the right to charge the actual costs.
Unless otherwise specified, the provisions of this chapter of the General Terms and Conditions apply in the same way to changes in the date of departure and the accommodation facility, i.e. the type of accommodation unit, as well as to all other significant changes made by the Agreement atelier
atelier
The contractor is not entitled to a refund of the costs of any visas, insurance, vaccinations, etc.
If the Contractor/Traveler does not appear at the agreed place at the agreed time on the day of the start of the trip ("no show"), he will be considered to have terminated the Agreement, and the Agency will apply a fee in the amount of 100% of the total price of the package-arrangement/excursion.
The Contractor/Traveler has the right to terminate the Agreement before the start of the package arrangement without paying any fee for termination of the Agreement in case of extraordinary circumstances that could not be avoided, which occurred at the destination or in its immediate vicinity and which significantly affect the fulfillment of the package arrangement or which significantly affect the transportation of passengers to their destination.
If the Contractor/Traveler wants to cancel the trip during the trip, he can do so by submitting a written notification to the Agency, and the termination of the Agreement will take effect from the moment the Agency receives the written notification. In this case, the Contractor/Traveler is not entitled to any refund, but instead a fee of 100% of the total price of the package-arrangement/excursion is applied. The same criteria are applied in the event that the Contractor/Traveler wishes to change the Travel Program at his own request. The Contractor/Traveler is solely responsible for any costs and/or damage that may occur, both to the Agency and to other passengers and/or third parties.
Unless otherwise specified, in the case of cancellation of a trip contracted on the basis of an individual reservation (individual trips), regardless of the date of cancellation and all the above-mentioned percentages, the Contractor is obliged to pay the Agency compensation in the amount of 100% of the total price of the individual package-arrangement/excursion.
In order to possibly reduce the risk and consequences of the Contractor's/Traveler's potential need to terminate the Agreement, the Agency suggests the Contractor/Traveler take out a travel insurance policy. If the Contractor/Traveler, directly or through the agency, contracts travel cancellation insurance with an insurance company, he has the right to return the paid compensation funds directly from the insurance company, but only according to the terms of the contracted insurance policy. The Agency especially emphasizes, regardless of whether the insurance policy is contracted directly or through the Agency, that all terms and conditions of the insurance policy are directly contracted between the Contractor/Traveler and the insurance company, and the Agency bears no responsibility for any complaint and/or non-recognition of rights from by the insurance company towards the Contractor/Traveler based on his request for payment under the contracted insurance policy.
13. TERMINATION OF THE AGREEMENT BY THE AGENCY
The Agency may terminate the Agreement before the start of the trip, in which case it will return to the Contractor the payments received for the package arrangement, without the obligation to compensate the damage and/or any other payments to the Contractor/Traveler if the number of persons registered for the package arrangement is less than the minimum number stated in the Travel Program. The Agency will inform the Contractor about this within the deadline established in the Agreement, and if the deadline is not specifically indicated, no later than:
• 96 hours before the start of the package arrangement for trips lasting between two and six days
• 48 hours before the start of the package arrangement for trips that last less than two days.
If a sufficient number of passengers is not registered for the package arrangement, the Agency reserves the right, if the conditions of the individual package arrangement allow it, to realize the trip with a smaller number of passengers than the prescribed minimum. If it is necessary to recalculate the price, the Agency will submit a new price offer to the registered Contractors/Passengers based on the calculation.
The Agency may terminate the Agreement before the start of the package arrangement and return the payments received for the package arrangement to the Contractor, without the obligation of compensation for damages and/or any other payments to the Contractor/Traveler if the Agency is prevented from executing the Agreement by extraordinary circumstances that could not be avoided, which Inform the passenger without undue delay before the start of the package arrangement.
If the Agency is forced to terminate the Agreement during the realization of the trip, the Contractor has the exclusive right to return funds related to the unused part of the contracted services.
In any of the cases of termination of the Agreement by the Agency, the Contractor has no right to a refund and/or payment of the possibly incurred costs of travel insurance, visas, preparation of other documentation necessary for entry into, stay in, and/or exit from a particular country, vaccinations, testing, costs, fees and commissions incurred in connection with monetary transactions and/or card payments, etc.
The Agency may terminate the Agreement during the implementation of the trip if the Contractor/Traveler endangers, hinders or prevents the regular implementation of the Travel Program and/or causes damage to the Agency, service providers, Travelers and/or third parties. In that case, the conditions applicable to the termination of the Agreement by the Contractor will be applied, and the Agency reserves the right
o compensation for damages from the Contractor/Traveler.
14. OBLIGATIONS AND RESPONSIBILITIES OF THE AGENCY
IN GENERAL
The Agency is responsible for the implementation of the Travel Program, i.e. for the proper execution of all travel services from the package-arrangement that the Contractor has contracted with the Agency. The Agency is responsible for possible non-performance, partial performance and/or improper performance of the service resulting from the package arrangement, except when it follows from the Contract, Travel Program, Special Conditions, these General Conditions and/or positive regulations that the Agency is not responsible.
OBLIGATION TO OFFER INSURANCE
The Agency is obliged to offer the Contractor/Traveler insurance against the consequences of an accident and illness during the trip, damage and loss of luggage, voluntary health insurance for the duration of the trip and stay abroad, insurance in case of trip cancellation, and insurance covering the costs of assistance and the return of the traveler to the place points of departure in case of accident and illness, to make available information on the content of these insurances and the general conditions of the insurance contract.
By paying the advance payment, the Contractor confirms that the Agency has offered him all the listed insurances, and made available to him information about the contents of these insurances as well as the general conditions of the insurance contract.
Unless otherwise specified, the Contractor may pay for the entire travel insurance package (recommended by the Agency) or only an individual insurance policy when concluding the Agreement.
Unless otherwise specified, insurance policies can be contracted no later than the day before the start of the trip, except for the trip cancellation insurance policy, which includes a travel insurance package that includes trip cancellation insurance, which is contracted when concluding the Agreement or purchasing airline (non-refundable) tickets. Exceptionally, travel cancellation insurance can be taken out within 48 hours from the date of conclusion of the Agreement, i.e. purchase of the air ticket, but on the condition that the trip does not start within the next 14 days. If the insurance for the event of trip cancellation was taken out after 48 hours from the conclusion of the Agreement, i.e. the purchase of the airline ticket, there is no obligation of the insurer to pay compensation. These conditions and deadlines for contracting travel insurance apply in the case when the Agency acts as an intermediary in obtaining travel insurance and may differ from the conditions and deadlines when the Contractor/Traveler contracts travel insurance independently with different insurance companies.
The Agency especially emphasizes, regardless of whether the Contractor/Traveler has contracted the entire travel insurance package or individual insurance policies, directly or through the Agency, that all conditions and deadlines from the travel insurance package and/or individual insurance policies are directly agreed between the Contractor/Traveler and the insurance company, and the Agency bears no responsibility for any complaint and/or non-recognition of rights by the insurance company towards the Contractor/Traveler based on his request for payment under the contracted travel insurance package and/or individual insurance policies.
KEEPING BUSINESS SECRETS
The Agency is obliged to keep all the information it has learned about the Contractor/Traveler as a business secret. The Agency may not disclose the details of the Contractor/Passenger (address, place and time of travel, stay, price paid, names and surnames of fellow passengers) to anyone without the approval of the Contractor, except when it is necessary for the purpose of executing the Contract and in cases prescribed by positive regulations.
CORRECTION OF NONCONFORMITIES
The Agency is obliged to correct non-conformities that arise during the execution of travel services and in relation to which a timely request for the correction of non-conformities has been made by the Contractor/Traveller, unless this is not possible or if the elimination of non-conformities would cause disproportionate costs, taking into account the extent of non-conformities and the value of travel services affected by the nonconformity. If the Agency does not correct the non-compliance due to these reasons, the Contractor has the right to an appropriate price reduction and compensation for possible damages. If the Agency does not correct the non-conformity that it is obliged to correct within a reasonable period of time set by the Contractor/Traveller, the same can do it himself and demand compensation for the necessary expenses. The Contractor/Traveller is not obliged to set a reasonable deadline for the Agency to correct the non-conformity if the Agency has refused to correct the non-conformity or if the non-conformity needs to be corrected immediately.
IMPOSSIBILITY OF PERFORMING A SIGNIFICANT PART OF THE TRAVEL SERVICES
If a significant part of the travel services cannot be provided in accordance with the Agreement, the Agency will, in order to continue the package arrangement, offer the Contractor/Traveler appropriate alternative arrangements, preferably of equal or higher quality than those specified in the Agreement, without additional costs for the Contractor/Traveler, including in in the case when the Passenger is not provided with a return to the place of departure as agreed. If the Agency proposes an alternative travel arrangement, the consequence of which is a package-arrangement of a lower quality than that specified in the Agreement, the Agency
I will grant the Contractor/Traveler an appropriate price reduction. The Contractor/Traveler can only reject the proposed alternative travel arrangements if they are not comparable to what was agreed in the Contract or if the approved price reduction is inappropriate. If it is not possible to provide alternative arrangements or if the Contractor/Traveler justifiably rejects the proposed alternative arrangements, the Contractor/Traveler has the right, as necessary, to a price reduction and/or compensation for any damages, without terminating the Agreement. If the non-conformity significantly affects the execution of the package arrangement and the Agency has not corrected the non-conformity within a reasonable time, the Contractor may terminate the Agreement without paying the termination fee and demand, if necessary, a price reduction and/or compensation for possible damages. If the package-arrangement includes the transportation of passengers, in both latter cases the Agency will ensure the repatriation of the Passenger with an equivalent transportation, without additional costs for the Passenger, without unnecessary delay.
BEARING THE COSTS OF NECESSARY ACCOMMODATION
When, due to extraordinary circumstances that could not be avoided, it is not possible to ensure the return of the Traveler in accordance with the Agreement, the Agency will bear the costs of necessary accommodation for a maximum of three nights per Traveler, if possible in the equivalent category of accommodation contracted by the Agreement, and if they are covered by the legislation of the European Union on rights of passengers that is applied to the relevant means of transport for the return of passengers provided for longer periods, these periods shall be applied.
The latter limitation of costs does not apply to persons with reduced mobility defined by Article 2 point (a) of Regulation (EC) no. 1107/2006 of the European Parliament and the Council of July 5, 2006 on the rights of persons with disabilities and persons with reduced mobility in air transport (OJ L 204, 26.7.2006) and on any person accompanying them, on pregnant women, minors unaccompanied and to persons who need special medical assistance, provided that the Agency has been notified of their special needs at least 48 hours before the start of the package arrangement.
The Agency may refer to extraordinary circumstances that could not be avoided in order to limit liability in accordance with paragraph 1 of this article if the transport service provider can refer to such circumstances in accordance with the applicable European Union legislation.
PRICE REDUCTION AND DAMAGE COMPENSATION
In regard to possible non-compliance, the contractor has the right to an appropriate price reduction and/or compensation for possible damages in accordance with the provisions of the Agreement and positive regulations.
The Agency is not responsible for the non-compliance, nor does the Agency bear any additional obligations, consequences and/or costs related to the non-compliance if the non-compliance occurs due to the occurrence of extraordinary circumstances that could not be avoided, if the non-compliance can be attributed to a third party that is not related to the provision of travel services covered by the Agreement and the non-compliance is unforeseeable or unavoidable, and if the non-compliance can be attributed to the Contractor/Traveler.
The Contractor/Traveler has no right to compensation for lost profit and compensation for non-material damage and expenses resulting from it.
If international conventions that bind the European Union or legal regulations based on them limit the scope of compensation for damages that the travel service provider that is part of the package arrangement is obliged to pay, or limit the conditions under which he is obliged to compensate this damage, in that case the same assumptions, limitations and exclusions apply to the Agency in an appropriate manner and it can refer to it in relation to the Contractor/Traveler.
The right of the Contractor/Traveler to compensation for eventual damages or price reduction does not affect the rights of the Contractor/Traveler in accordance with:
• Regulation (EC) no. 261/2004 of the European Parliament and the Council of February 11, 2004 on establishing general rules for compensation and assistance to passengers in the event of denied boarding and cancellation or long flight delay in departure and on the repeal of Regulation (EEC) no. 295/91
• Regulation (EC) no. 1371/2007 of the European Parliament and the Council of October 23, 2007 on the rights and obligations of passengers in rail traffic
• Regulation (EC) no. 392/2009 of the European Parliament and the Council of April 23, 2009 on the liability of carriers in the transport of passengers by sea in the event of accidents
• Regulation (EU) no. 1177/2010 of the European Parliament and the Council of November 24, 2010 on passenger rights when traveling by sea or inland waterways and amending Regulation (EC) no. 2006/2004
• Regulation (EU) no. 181/2011 of the European Parliament and the Council of February 16, 2011 on the rights of passengers in bus transport and amending Regulation (EC) no. 2006/2004
The Contractor/Traveler may submit a request for a price reduction and/or compensation for possible damages in accordance with the Agreement and the Law and in accordance with the aforementioned international conventions and regulations.
Damage compensation or price reduction to which the Contractor/Traveler is entitled in accordance with the Agreement and the Law and damage compensation or price reduction to which he is entitled in accordance with the aforementioned international conventions and regulations are subtracted from each other as
excessive compensation and/or excessive price reduction would be avoided.
PROVIDING ASSISTANCE
The Agency will provide adequate assistance to the Passenger in difficulty without undue delay, and in particular:
• by providing adequate information about health services, local authorities and consular assistance and
• helping the Traveler to establish remote communication and to find alternative travel arrangements.
If the Passenger caused the difficulty intentionally or through negligence, the Agency may charge a reasonable fee for the assistance provided.
If assistance is provided to the Traveler by the tour manager or another representative of the Agency, the assistance will be provided in such a way that it does not affect the regular development of the Travel Program, i.e. to the detriment of other Travelers.
All costs incurred in connection with the provision of assistance shall be borne by the Passenger.
OTHER PROVISIONS
Unless otherwise specified, the Agencies will provide services from the package arrangement in Croatian or English.
In the case of a minor traveling unaccompanied by a parent or other person authorized for the minor, and based on the Agreement that includes accommodation, direct contact with the minor and/or the person responsible for the minor in the minor's place of residence can be made through the Agency's contact information specified in the Agreement or through contact information of the travel manager and/or other representative of the Agency who is in charge of a particular trip.
15. OBLIGATIONS AND RESPONSIBILITIES OF CONTRACTORS AND PASSENGERS
APPLICATION FOR RESERVATION OF PACKAGE ARRANGEMENTS AND RESPONSIBILITY FOR PASSENGERS
The Contractor is obliged to familiarize all Passengers with the Contract, Travel Program, Special Conditions (if they apply) and these General Conditions from their application for booking a package arrangement, and by paying the advance payment, the Contractor expressly confirms to the Agency that he has fulfilled this obligation. At the same time, the Contractor is obliged to inform the Passenger/Passengers with all additional information obtained in further contact with the Agency.
By applying for the reservation of a package arrangement, the Contractor expressly confirms to the Agency that he is authorized to act in the name and on behalf of the Passengers included in the application and that he is fully responsible to the Agency for their compliance with the Agreement.
Unless otherwise specified, the Contractor is obliged to make all payments based on the Contract (for all Passengers from the package-arrangement reservation application). Unless otherwise specified, each individual payment under the Agreement is distributed evenly in percentages as a payment made for each Passenger included in the package-arrangement booking application.
Whenever the Contractor makes a statement, guarantee, waiver and/or undertakes an obligation, it is considered that he is doing so in his own name and on his own account, but also on behalf of and on behalf of each Passenger from his application for booking a package arrangement. Whenever the Traveler makes a statement, warranty waiver and/or undertakes an obligation, it is considered that he does so in his own name and on his own account, but also on behalf of and on behalf of the Contractor who registered him for the trip, as well as, when applicable, in the name and on behalf of the other Travelers from the Contractor's application for booking a package arrangement.
Everything that is applied to the Contractor according to the Agreement is also applied to the Traveler registered by the Contractor for the trip, unless otherwise specified.
OBLIGATION TO DELIVER DATA AND DOCUMENTS
When applying for a package-arrangement reservation, the Contractor is obliged to provide the Agency with all correct information and to attach the documents of the Contractor/Traveler that are necessary for the organization and realization of the trip. The submitted data and documents must correspond to the valid personal documents of the Contractor/Traveler that will be used during the trip. The Agency is not responsible for receiving, using and/or forwarding incorrect or incomplete data and/or documents of the Contractor/Traveler. The Contractor who does not provide the Agency with accurate and/or complete data and/or documents of the Contractor/Traveler during the application, is responsible for all consequences and costs arising from the use of incorrect and/or incomplete data and/or documents. In case of delivery of incorrect or incomplete data and/or documents by the Contractor/Traveler, the Agency may terminate the Agreement with the effect that it was terminated by the Contractor and demand payment of all incurred costs and damages from the Contractor. In the event that the Contractor does not submit data and/or documents in accordance with the terms and conditions of the Agreement, he will be considered to have terminated the Agreement, in which case the provisions on termination of the Agreement by the Contractor shall apply.
In the event of any change in the Contractor's/Traveler's data, which are necessary for the organization and realization of the trip and/or documents that the Contractor/Traveler will use during the realization of the trip, the Contractor is obliged to submit new data and/or documents to the Agency without delay. Otherwise, considered to have submitted incorrect data and/or documents, and the rules applicable to the submission of incorrect data and/or documents will be applied.
If it is necessary for the organization and realization of the trip, the Agency can keep it
and copies of the Contractor's/Traveler's documents.
OBLIGATION TO INFORM AND COMPLY WITH REGULATIONS
The Contractor/Traveler is obliged to inform himself of and comply with all applicable regulations on travel documents, visas, foreign exchange, border, customs and health regulations, and to ensure that he personally, his documents and luggage meet the conditions stipulated by border, customs, health and other positive regulations , both the home country, the country of transit, and the country of destination.
If the Contractor/Traveler is prevented from going on the trip or continuing the trip due to non-compliance with the regulations, he will be considered to have terminated the Agreement, in which case the provisions on termination of the Agreement by the Contractor shall apply. In such a case, the Contractor/Traveler is also responsible for all incurred costs and consequences.
TRAVEL DOCUMENTS
For the purpose of travel, the Contractor/Traveler is required to have a valid passport or other corresponding valid document on the basis of which he can be granted entry into a particular country, all in accordance with the valid regulations on travel documents. The Contractor/Traveler is obliged to obtain a passport or other appropriate document on the basis of which he can be granted entry into a particular country at his own expense. The Contractor/Traveler is obliged to have a valid passport or other valid appropriate document for the entire duration of the trip, on the basis of which he can be granted entry into a particular country. Unless otherwise determined by the Travel Program, the minimum validity of the passport is 6 (literally: six) months from the day of departure from the country to and/or through which the trip is made. The Contractor/Traveler himself takes care of his passport or other appropriate document on the basis of which he can be granted entry into a particular country and is himself responsible for their possession and correctness and bears all responsibility for the consequences that may arise from not having and/or using an invalid passport or other documents.
If during the trip the passport or other appropriate document of the Contractor/Traveler is stolen, destroyed, lost and/or misappropriated in any other way, the Contractor/Traveler will obtain a new passport or other appropriate document at his own expense if this is absolutely necessary for continuation of the trip and/or return to the country of departure. At the same time, the tour manager or another representative of the Agency can help the Contractor/Traveller, but not to the detriment of the regular implementation of the Travel Program. In addition to the costs of obtaining new documents, the Contractor/Traveler is also obliged to bear all additional costs and fees arising from such a situation (loss of documents).
If the Contractor/Traveler has to interrupt the trip due to the theft, destruction, loss or any other misappropriation of the passport or other appropriate document, he is not entitled to a refund of the paid trip or any reimbursement of expenses. In this case, it will be considered that the Contractor/Traveler has terminated the Agreement, and the provisions on termination of the Agreement by the Contractor shall apply. In such a case, the Contractor/Traveler is also responsible for all incurred costs and consequences.
PERSONAL INFORMATION ABOUT THE CONTRACTOR AND THE PASSENGER (affecting the trip)
When applying for the reservation of a package arrangement, the Contractor is obliged to inform the Agency of all facts related to the state of health, habits, etc. of the Contractor/all Passengers included in his application for the reservation of a package arrangement, if such health condition, habits, etc. could endanger and/ or significantly complicate the realization of the trip and/or the health/life of the Traveler (eg, but not exclusively, the need for a special diet, information about chronic diseases, allergies, disability, etc.). If such a state of health, habits, etc. arose after the application was made, the Contractor is obliged to inform the Agency about it without delay.
The Agency will forward the request of the Contractor/Traveler for a special type of meal to the service providers upon receipt of the request, but is not responsible for the non-fulfillment of the request in the event that they are unable to offer the requested type of meal or if the service providers made omissions when implementing the request.
The travel program and/or the Special Conditions may require that the Contractor/Traveler meet certain conditions regarding personal characteristics (eg, but not exclusively, a certain age, a certain state of health, etc.). In this case, the Contractor/Traveler can use the Agency's services only if he meets the set conditions. The Contractor/Traveler is obliged to provide the Agency with accurate information about the conditions set in this way. In the event that the Contractor/Traveler does not meet the conditions thus set and/or has submitted incorrect information to the Agency, the Agency may terminate the Agreement as if it had been terminated by the Contractor and demand payment of all incurred costs and damages from the Contractor.
OBLIGATIONS AND RESPONSIBILITIES OF THE CONTRACTOR/PASSENGER AT THE DESTINATION
The Contractor/Traveler is obliged to comply with the rules and house rules of the accommodation facility, both with regard to the time of starting to use the accommodation unit (check-in time) and leaving it (check-out time), as well as in
regarding the use of the accommodation unit and other contents of the accommodation facility. Unless otherwise specified, registration at the accommodation facility and entry into the accommodation unit (check-in) can be done after 2:00 p.m. on the day of arrival, and leaving the accommodation unit and check-out must be done no later than 10:00 a.m. day of departure. If and when it is possible in a particular situation, the Agency, in cooperation with the accommodation facility, will try to ensure group check-in earlier than officially scheduled, which will depend on the availability and occupancy of the accommodation facility on the day of check-in. If the check-in and check-out times for an individual accommodation facility are different from those stated here, the Contractor/Traveller will be informed about this directly by the accommodation facility when registering at the accommodation facility.
If the Contractor/Traveler in any way endangers the safety, peace and/or comfort of other Travelers, third parties and/or endangers, hinders or prevents the regular development of the Travel Program, the Agency has the right to terminate the trip for that Contractor/Traveler in which case the Contractor/Traveler has no right to compensation and/or refund of any funds paid for the trip and is also responsible for compensation for damages that could result from his actions. In the event that such Passenger is a minor, the Contractor is obliged to ensure the return of such Passenger home, at the Contractor's expense.
The Contractor/Traveler undertakes to comply with all reasonable instructions of the tour leader or other representative of the Agency. In case of any dissatisfaction, the Contractor/Traveler is obliged to cooperate in good faith with the tour leader or other representative of the Agency and to try to resolve the matter of dissatisfaction without disturbing other Travelers, third parties, and damaging the reputation of the Agency.
During the trip, the Contractor/Traveler is obliged to comply with the rules on personal safety to the extent that any average person would apply. The Agency is not responsible in any way for the actions of the Contractor/Traveler regarding his personal responsibility.
In case of any violation of the Agreement and/or positive regulations, the Contractor/Traveler is responsible for the resulting damage as well as for any other damage caused and suffered by the Agency, other Travelers, service providers and/or third parties. The Contractor/Traveller will pay for any damage he causes on the spot directly to the entity to whom he caused the damage. For any such damage that the Agency might settle on his behalf, the Agency has the right to collect upon his return from the trip. In case of violation of the Agreement and/or positive regulations and damage caused by the Passenger, the Contractor shall be jointly and severally liable for its compensation.
OTHER OBLIGATIONS OF THE CONTRACTOR/PASSENGER
The Contractor/Traveler is obliged to check all the travel documents that the Agency provides to him. If the Agency does not receive a complaint or a request for correction from the Contractor/Traveler within 24 hours of the delivery of the travel documentation, it will be considered that all travel documentation is valid and correct. The costs incurred due to the request and/or need for any change and/or correction of the travel documentation after the expiration of that period shall be borne by the Contractor/Traveller.
16. BAGGAGE
The Contractor/Traveler is obliged to independently take care of and supervise all his belongings during the trip, and he is obliged to take them independently and take them with him every time he leaves any means of transport, accommodation facility, catering facility and/or any other location. The consequences that could result from failure to do so are the sole responsibility of the Contractor/Traveler.
Baggage transport by any means of transport is carried out at the risk of the Contractor/Passenger. For this reason, the Agency advises the Contractor/Passenger to take out an appropriate insurance policy that insures the luggage.
The Agency is not responsible for destroyed, damaged, lost luggage or for theft and/or any other misappropriation of luggage, other valuables and/or any documents of the Contractor/Passenger, which occur during transportation, in an accommodation facility, catering facility and/or in any other location, nor for the costs and/or consequences arising from it. The Contractor/Traveler is obliged to report the occurrence of such a situation directly to the immediate service provider (e.g., but not exclusively, an airline, other carrier, accommodation facility, catering facility, etc.), immediately upon the occurrence of such a situation, based on which the Contractor/Traveler and the immediate service provider jointly try to solve the problem. If the Contractor/Passenger has contracted an appropriate insurance policy that insures luggage, he is obliged to take the actions prescribed by the provisions of that policy.
17. OBJECTIONS OF THE CONTRACTOR/PASSENGER
In the event of any inconsistency in the performance of travel services covered by the Agreement, the Contractor/Traveler is obliged, without undue delay and taking into account the circumstances, to inform the Agency of the existence of inconsistency.
The Contractor/Traveler submits
notification of non-compliance or complaint to the Agency in such a way as to inform the tour manager or another representative of the Agency about the non-compliance or the reason for the complaint on the spot, as soon as possible. If the tour manager or another representative of the Agency does not participate in the implementation of the trip, the Contractor/Traveler will send his complaint to the immediate service provider and is also obliged to inform the Agency about this by using means that have the character of a permanent data carrier (via e-mail or the phone number listed as the contact of the Agency).
In the event that the Contractor/Traveler does not submit his complaint on the spot and in the manner described, it will be considered that he fully accepts the service provided/the resulting situation, thereby losing any right to subsequently submit a complaint and/or request for a reduction in the price of the service and /or compensation for possible damage.
Upon submitting a complaint, the Contractor/Traveler is obliged to cooperate in good faith with the tour manager or other representative of the Agency, i.e. the direct service provider, all in order to eliminate the causes of the complaint. If the Contractor/Traveler does not accept the offered solution to the complaint on the spot that corresponds to the contracted service, the Agency will not consider the subsequent complaints of the Contractor/Traveler, nor is it obliged to respond to them.
If the cause of the complaint is not rectified on the spot or cannot be rectified, the Contractor/Traveler and the tour leader or other representative of the Agency or the direct service provider will together draw up a written confirmation/minute in two copies signed by both parties, one copy of which is retained Contractor/Traveler. If the procedure takes place without the participation of the tour manager and/or another representative of the Agency, but only between the direct service provider and the Contractor/Traveler, the Contractor/Traveler is obliged to request the issuance of a written confirmation from the direct service provider.
After returning from the trip, the Contractor/Traveler is obliged to submit a written complaint to the Agency no later than 8 days after the end of the trip: by registered mail with return receipt to the Agency's address, Labinska 8, 10000 Zagreb, Republic of Croatia or by e-mail: info@hrvatskanacasu .hr. Along with a written complaint, the Contractor/Traveler is obliged to submit to the Agency evidence that confirms the validity of the complaint, invoices related to additional costs, a written confirmation/minute drawn up on the spot, etc. The Agency will not consider complaints to which the Contractor/Traveler does not attach a written confirmation/minute from which it must follow that the cause of the complaint could not be eliminated on the spot, as well as complaints submitted after the prescribed deadline. The Agency will consider only those complaints whose cause could not be eliminated on the spot, and which were submitted in the prescribed manner and within the prescribed period.
Without a written complaint, the Agency will not consider requests for a price reduction and/or compensation for possible damages.
The Agency will not consider complaints filed as a group, each Contractor/Traveler is authorized to submit his complaint individually.
In case of conclusion of the Contract between the Contractor and the Agency and according to the "unseen system", the Contractor/Traveler has no right to complain about the accommodation and/or services provided.
In the event that a charter flight is used on the trip, the Contractor/Passenger has no right to object to a possible shortening of the stay at the destinations resulting from unfavorable flight times of the charter aircraft.
The Contractor/Traveler has no right to object to "Last minute" package arrangements.
The Contractor/Traveler has no right to complaints related to natural phenomena, weather forecast/weather problems, waiting times, traffic jams and/or traffic jams, at border crossings and/or in the places/locations that are/are the subject of the visit.
The Agency will confirm receipt of the complaint in writing without delay. The Agency will respond to the Contractor/Traveler in writing within 15 days from the day of receipt of the written complaint. The Agency reserves the right to extend this deadline for a further 15 days, if it is necessary to determine the facts and circumstances important for the response and/or verification of information with the direct service providers.
When the Agency is not a travel organizer but only an intermediary, the received complaint will be forwarded to the responsible travel organizer and the Contractor/Traveler will be informed of this in writing.
When the Agency acts only as an informer, the Contractor/Traveler must direct all their objections and/or requests exclusively on the spot to the immediate service provider.
During the entire period of complaint resolution until the Agency's response, the Contractor/Traveler undertakes not to submit complaints and/or requests to third parties and/or competent institutions, nor to make information related to the complaint publicly available in any way, and at the same time time waives the right to sue. The Contractor/Traveler is responsible for all the consequences that could arise from non-compliance with this provision.
The highest amount of compensation for a well-founded complaint can d
feel the amount of the disputed/complained part of the service and cannot include properly used services as well as the entire amount of the package-arrangement.
If the Contractor/Traveler is not satisfied with the Agency's decision, he can initiate proceedings before the Conciliation Center at HGK, address: Rooseveltov trg 2, 10000 Zagreb, e-mail address: mirenje@hgk.hr.
He can also submit a proposal for dispute resolution before other bodies from the list of notified bodies for alternative resolution of consumer disputes. Information on notified bodies for alternative resolution of consumer disputes is available on the website of the Ministry of Economy and Sustainable Development of the Republic of Croatia.
For services purchased online, the web platform for resolving consumer disputes can be found at the following link: http://ec.europa.eu/consumers/odr/.
18. JURISDICTION OF THE COURT
The Contractor/Traveler and the Agency will try to resolve all disagreements amicably, according to the prescribed procedure, and if this is not possible, the jurisdiction of the court in Zagreb will be agreed upon, with the application of Croatian law in the proceedings, with the exception of conflict of laws provisions that would refer to the application of foreign law.
19. PROTECTION OF PERSONAL DATA
The Contractor/Traveler voluntarily provides his personal data to the Agency. The Agency uses the personal data of the Contractor/Traveler during the organization and implementation of the contracted package-arrangement and the provision of other Agency services.
The Agency collects, processes, uses and stores the personal data of the Contractor/Traveller in accordance with all positive regulations. The personal data of the Contractor/Traveler are stored in the Agency's database, in accordance with the Agency's decision on the method of collection, processing, use and storage of personal data.
By applying for the reservation of a package deal, the Contractor gives consent (on his own behalf and on behalf of all Passengers included in his application for booking a package deal) to the Agency to collect, process, use and store personal data of the Contractor/Traveller for the purpose of concluding the Contract, organization and realization of the contracted package- arrangement and provision of other Agency services. In order to achieve these purposes, the Agency is authorized to transfer the personal data of the Contractor/Traveller to authorized third parties. The Agency will not disclose the personal data of the Contractor/Traveler from the country, except when it is necessary for the organization and implementation of the contracted services.
By making an inquiry or applying for the reservation of a package arrangement, the Contractor may give permission to the Agency to collect, process, use and store the Contractor's personal data for marketing purposes (e.g. sending notifications, promotions, newsletters, actions, etc.) and for direct sales, market research, conducting business analysis, customer segmentation, statistical processing, etc. The contractor can withhold and/or withdraw this consent at any time by sending a notification to the Agency using means that have the character of a permanent data carrier.
By concluding the Agreement, the Contractor gives consent (on his own behalf and on behalf of all Passengers included in his application for booking a package deal) to the Agency to use and make available (share) the mobile phone number of the Contractor/Traveler with the other Passengers on the contracted trip and through the formation of communication groups on one of the communication applications (e.g. Whatsapp, Viber, etc.). If the Contractor/Traveler does not want to give such consent, he is obliged to inform the Agency about this using means that have the character of a permanent data carrier, no later than 48 hours before the start of the trip.
By entering into the Agreement, the Contractor gives consent (on his own behalf and on behalf of all Passengers covered by his application for booking a package deal) to the Agency to provide personal data of the Contractor/Traveler such as photographs and/or video materials on which the Contractor/Traveler is located, etc. created and collected during travel, can be used for marketing purposes without any further inquiries, consent and/or restrictions. If, for any reason, the Contractor/Traveler does not want to be in such photographs, video materials, etc., he will specifically emphasize this to the tour leader or other representative of the Agency, and to the videographer/photographer, and at the same time will independently exclude himself from the frame of the recording device/ painting during the creation of photos, video material, etc.
The Agency's data protection policy is available on the Agency's website. By concluding the Agreement, the Contractor confirms that he has read the Data Protection Policy, that he has familiarized all Passengers from his application for booking a package arrangement with these rules, and that the Contractor and all Passengers from his application for booking a package arrangement fully understand and accept the Data Protection Policy .
20. INSURANCE FOR THE CASE OF INSOLVENCY AND LIABILITY FOR DAMAGE
The Agency, in accordance with the Law, has a contracted insurance policy for the purpose of guarantee in the event of the Agency's insolvency, number: 298706000182, with the insurance company: Croatia osiguranje d.d., Vatroslava Jagića 33, HR-10000 Zagreb, OIB: 26187994862, e-mail address: info@crosig .hr, phone number: 072 00 188
4 (information and reporting of damages).
If the Agency becomes unable to pay due obligations in a timely manner in the amount and within the due date, or if the Agency goes bankrupt, as a result of which the travel services are not performed, the Contractor/Traveler who finds himself on the trip and/or who has failed to provide the contracted service, is obliged to, without delay, in the fastest possible way, to contact the aforementioned insurance company via the indicated contacts, in order to directly exercise your rights.
This document is valid as a confirmation that the Contractor/Traveler, based on the Agreement, has the possibility of directly exercising the right to payment from the guarantee from the specified insurance company, namely:
• refund to the Contractor of all monies paid in connection with the Contract for contracted services whose performance was absent, or which will not be performed, or will only be partially performed, due to the insolvency or bankruptcy of the Agency
• reimbursements to the Contractor/Passenger for the costs of necessary accommodation, food and return from the trip to the place of departure in the country and abroad, as well as all claims arising on this basis, which are caused by the insolvency or bankruptcy of the Agency, if the Agreement includes the transportation of passengers.
In accordance with the Law, the Agency has a contracted liability insurance policy for damage caused to the Contractor/Traveler by non-fulfillment, partial fulfillment or irregular fulfillment of obligations related to the package-arrangement, with the insurance company: Wiener osiguranje Vienna Insurance Group d.d., Slovenska ulica 24, HR -10000 Zagreb, OIB: 52848403362, e-mail address: kontakt@wiener.hr, telephone number: 0800-2580 (information and claims report), insurance policy number: 1322-00062281.
Upon application for the reservation of a package arrangement, the Agency's employees will inform the Contractor of the contents of a valid liability insurance policy for damage caused by the Agency to the Contractor/Traveler by non-fulfilment, partial fulfillment or improper fulfillment of obligations related to the package arrangement, and the Contractor confirms by concluding the Agreement that familiar with the content of the said policy.
21. FINAL PROVISIONS
When the Contract stipulates the obligation to communicate in writing or using means that have the character of a permanent data carrier, the delivery of the notification between the Contractor/Traveler and the Agency is valid when the Contractor/Traveler sends the notification by registered mail with return receipt or by electronic mail. A valid address for the delivery of notifications by mail and/or electronic mail is considered to be those addresses that the Contractor/Traveler and the Agency have provided to each other. In case of any change of address for the delivery of mail and/or e-mail, the entity with which the change occurred is obliged to provide information about the new address to the other party without delay in writing or using means that have the character of a permanent data carrier. If he does not do so, he is responsible for all the consequences that arise from it.
Obvious errors and incorrect information (both on the Internet and in the press) are not binding for the Agency. The Contractor/Traveller does not acquire any rights towards the Agency by actions taken on the basis of obvious errors and incorrect information. In the case of concluding an Agreement based on an obvious error and/or incorrect information, the Agency may, without any obligations and/or consequences for it, terminate such an Agreement, solely with the obligation to return the paid funds, in accordance with the provisions of these General Terms and Conditions. Upon noticing obvious errors and/or incorrect information, the Agency will correct them.
In case of overbooking (double booking/reservation over the maximum number of available places) for any service offered by the Agency, upon noticing overbooking, the Agency will notify the Contractor of the situation without delay. If, due to the situation, the Agency is unable to provide the Contractor/Traveler with a service, it may, without any obligations and/or consequences for it, terminate the Agreement, solely with the obligation to return the paid funds, in accordance with the provisions of these General Terms and Conditions.
The Agency reserves the right to terminate any Agreement within 7 working days from the date of its confirmation, without any obligations and/or consequences for it, solely with the obligation to return the paid funds, in accordance with the provisions of these General Terms and Conditions.
Photos and video materials published on the website, in advertising materials, and on the social networks of the Agency are informative and non-binding in nature.
These General Terms and Conditions are always available on the Agency's website www.hrvatskanacasu.hr.
The central contact point for administrative cooperation in accordance with the provisions of the Act is: Ministry of Tourism and Sports of the Republic of Croatia, Prisavlje 14, 10000 Zagreb, e-mail address: pisarnica@mints.hr; pravni@mints.hr, phone number: +385 1 6169 111; +385 1 6169 243.
The competent authority for the supervision of the Agency's operations is: State Inspectorate, Tourist Inspection, Šubićeva 29, 10000 Zagreb, e-mail address: turisticka.inspekcija@dirh.hr, phone number:
+385 1 2375 100.
If any provision of the Agreement and/or these General Terms and Conditions is or becomes void, invalid or unenforceable, or if the Agreement contains an unintended contractual gap, this shall not affect the validity or enforceability of the remainder of the Agreement. Any such invalid, invalid or unenforceable provision shall be deemed to be replaced, and the gap filled, by a suitable provision that is in accordance with the economic purpose and objective of that provision and/or the Agreement, to the extent legally permitted, closest to the original intention of the contracting parties.
The provisions of the Act and other positive Croatian regulations apply to all matters not regulated by the Agreement.
These general conditions enter into force on the day of their publication on the Agency's website. The Agency reserves the right to change these General Terms and Conditions at any time by publishing the amended text of the General Terms and Conditions on the Agency's website.
In Zagreb, 27.12.2023. years
CONTACT INFORMATION OF THE AGENCY
CROATIA IN A GLASS
a limited liability company
for tourism and services, travel agency
Labinska 8, 10000 Zagreb
Republic of Croatia
OIB: 63569146827
e-mail address: info@hrvatskanacasu.hr
website: www.hrvatskanacasu.hr
phone number: +385 98 663 569
ID: HR63569146827
EUID: HRSR.081449323
CROATIA ON A GLASS d.o.o. it is registered in the court register of the Commercial Court in Zagreb, MBS: 081449323, and in the List of tourist agencies at the Ministry of Tourism and Sports of the Republic of Croatia under serial number: 1374
Working hours: Mon. - five. from 08:00 to 16:00 h
Manager:
Jurica Andrijašević
e-mail address: jure@croatiabytheglass.com
phone number: +385 98 474 207
Statement on protection of personal data transfer
"Protection of personal data in accordance with the General Data Protection Regulation of the European Parliament and the Council No. 2016/679-Regulation and Implementation of the General Data Protection Regulation
Monri WSPay, as an executor of credit card authorization and billing, handles personal data in its capacity as a processor and handles personal data in accordance with the General Data Protection Regulation of the European Parliament and the Council No. 2016/679 and according to the strict rules of the PCI DSS L1 regulation on data protection and data transmission."
Monri WSPay Usage Statement
"Hrvatska na cašu d.o.o. uses Monri WSPay for online payments.
Monri WSPay is a secure system for online payments, real-time payments, credit and debit cards and other payment methods. Monri WSPay provides customers and merchants with secure entry and transfer of entered card data, which is confirmed by the PCI DSS certificate that Monri WSPay has. Monri WSPay uses an SSL certificate of 256-bit encryption and TLS 1.2 cryptographic protocol as the highest level of protection when entering and transferring data."
Statement on the protection and collection of personal data and their use
"Hrvatska na cašu d.o.o. undertakes to provide protection to customers' personal data, in such a way that it collects only necessary, basic data about customers/users that are necessary for the fulfillment of our obligations; informs customers about the use of the collected data, regularly gives customers the opportunity to choose about the use of their data, including the ability to decide whether or not they want their name removed from lists used for marketing campaigns. All user data is strictly kept and is only available to employees who need this data to perform their work. All employees of HRVATSKA NA ČAŠU and business partners are responsible for respecting the principles of privacy protection."