Travel Contract, General Conditions and Instructions for Tourist Arrangements
1. The subject of the contract
1.1. These General Terms and Conditions of the Package Travel Agreement (hereinafter referred to as the “General Terms”) are an integral part of the Package Travel Agreement (hereinafter referred to as the “Agreement”) concluded between the tour organizer – the travel agency UNICA NATURA d.o.o. Zagreb, VIII. Podbrežje 31, Zagreb, entered in the court register of the Commercial Court in Zagreb under MBS: 080887859, VAT ID: 17659432223 (hereinafter: “Agency”) and the traveler or travel contractor when the travel contractor enters into an Agreement in favor of a third party as a passenger (hereinafter as : ”Passenger”).
1.2. These General Conditions are harmonized with the Law. In addition to these General Terms and Conditions, a travel program in a package arrangement (further referred to as: “Travel Program”) is an integral part of the Agreement. In case of inconsistency between these General Terms and Conditions and the provisions of the Contract or the Travel Program, the provisions of the Contract will prevail, then the content of the Travel Program, and then the provisions of these General Terms and Conditions.
2. TRAVEL PROGRAM
2.1. The travel program is an integral part of the Agreement and contains pre-contractual information for package arrangements prescribed by law, and may also contain other information that the Agency considers useful.
2.2. The Agency guarantees the implementation of the Travel Program according to the description published on the Agency’s website. The Agency undertakes to fulfill the contents of the Travel Program in full, except in case of extraordinary circumstances such as war, riots, strikes, terrorist activities, sanitary disturbances, natural disasters, traffic accidents, sudden and unusual traffic jams, interventions by competent authorities, disruptions in schedule and delays of means of transport, weather problems, epidemics, pandemics and other circumstances that are beyond the control of the Agency and that directly affect a particular destination. In the event of disruptions in the travel destination during the execution of the Package Package Agreement, and which disruptions cause the need to change the content of the Travel Program, but which disruptions are not of such a nature that they completely prevent the implementation of the Travel Program, the Agency undertakes to take all reasonable measures to ensure that the Travel Program carried out in a manner and in content that best corresponds to the content of the Travel Program published before the trip itself. In such cases, it will be considered that the Agency has fully implemented the Travel Program, despite the realized Travel Program being different from the one published before the start of the trip.
2.3. Unless otherwise specified, all conditions indicated in the Travel Program regarding regulations on travel documents, visas, foreign exchange, border, customs, health and other regulations apply exclusively to Croatian citizens. Citizens of other countries have the right to travel with the Agency, subject to the conditions prescribed by the countries of origin, transit and destination, considering their citizenship. Before applying for a package-arrangement reservation, foreign nationals are obliged to check all travel conditions applicable to them.
3. APPLICATION FOR RESERVATION AND CONCLUSION OF CONTRACT
3.1. The traveler can send his inquiry or application for booking a package arrangement from the Agency’s offer through the contact form on the Agency’s website, by e-mail, by telephone, or by other means of remote communication.
3.2. When applying for a reservation and before concluding the Agreement, the Traveler is obliged to provide accurate information and valid documentation necessary for organizing the trip. The Traveler is solely responsible and guarantees that he has provided the Agency with accurate information and valid documents, and in the event of any change in information or documents, the Traveler is obliged to provide the Agency with new information and/or documents without delay. If the Traveler does not provide information or documents in accordance with the terms and deadlines of the Agreement, or if the Traveler provides the Agency with incorrect information and/or submits documentation contrary to the provisions of these General Conditions and the Agency’s instructions, it will be considered that the Traveler has abandoned the application for the reservation and is responsible for all the damage that could possibly occur to the Agency.
3.3. After submitting the application for the reservation, the Agency will issue the Traveler with an Offer according to which the Traveler undertakes to pay a down payment in the name of the reservation in the amount of at least 20% of the total price of the arrangement within 8 days of receiving the Offer. In the event that the Traveler does not make the advance payment on behalf of the reservation within 8 days of receiving the Offer, it will be considered that the Traveler has given up the reservation application. The Agency undertakes to process the reservation application and inform the Traveler about the reservation confirmation in writing, as well as deliver the confirmation of payment of the reservation to the Traveler. If the Agency is unable to confirm the reservation, the Agency undertakes to return the advance payment in full to the Traveler. If the Traveler does not accept the reservation requested and confirmed by the Agency, the Agency has the right to retain the advance payment received for the reservation. In case of acceptance of the reservation by the Traveler, the reservation costs are included in the price of the package arrangement. The payment of the advance payment does not imply the confirmation of the reservation, but the reservation is considered confirmed only after the written notification of the Agency. The Agency may, depending on the case, specify in the Travel Program an advance payment on behalf of the reservation in a percentage greater or less than 20% of the total price of the package-arrangement, and which percentage in that case will be expressed in the corresponding monetary amount on the Offer. In that case, the Agency’s obligation to make and confirm the reservation will be the amount indicated on the Offer.
3.4. The contract is considered to have been concluded: (i) after the Agency, based on the given offer, within the period specified by the Agency, receives from the Traveler the amount of advance payment determined by the Travel Program, and if it is not determined, at least 20% of the value of the reservation, and (ii) after The agency confirms the reservation. If the Traveler and the Agency conclude the Agreement in writing, the Agency is obliged to hand over a copy of the signed Agreement to the Traveler immediately after the signing of the Agreement by both contracting parties. If the Traveler and the Agency conclude the Agreement via e-mail and/or the website and/or by paying an advance to the Agency’s account, the Agency is obliged to provide the Traveler with a confirmation that the Agreement has been concluded via e-mail. .
3.5. By concluding the Agreement, the Traveler confirms that he is fully familiar with all the characteristics of the selected trip, i.e. with the Travel Program, and that he fully understands and accepts the Agreement, the Travel Program and the General Conditions. If the Traveler contracts a trip in the name and on behalf of other passengers, by concluding the Agreement, he confirms that he has fully familiarized the other passengers with all of the above, and is personally responsible for ensuring that the other passengers on whose behalf and for the account he has contracted the trip will comply with the provisions of the Agreement, the Program travel and these General Terms and Conditions. The passenger also undertakes to inform other passengers of all additional information obtained in further contact with the Agency.
3.6. The Traveler is obliged to pay the remaining amount of the total price of the package arrangement to the Agency no later than 30 days before the start of the trip. After payment of the remaining amount of the total price of the package arrangement, the Agency will issue an invoice to the Traveler for all payments made. If the remaining amount of the total price of the package-arrangement is not paid within the agreed period, it will be considered that the Traveler has terminated the Agreement, and in that case the provisions on termination of the Agreement by the Traveler from point 8 of these General Terms and Conditions will apply.
3.7. 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 Traveler does not accept the prepared offer, the Agency retains the amount charged to cover the costs of making the offer.
4.1. If the Agreement or the Program does not stipulate otherwise, the Traveler can pay for the Agency’s services by bank transfer to the Agency’s business account and/or cards accepted by the Agency. The passenger bears all costs, fees and commissions incurred in connection with cash transactions or card payments. The day of payment is considered the day when the Passenger’s payment is recorded on the Agency’s business account.
5.1. The price of the package-arrangement is determined by the Travel Program and is highlighted in the Contract and is valid from the date of publication of the Travel Program. The price includes the services of the Agency, which are listed in the Travel Program under “The price of the package-arrangement includes” The prices of the services under the section “Mandatory supplement” are added to the price. Prices of package arrangements are published in the official currency of the Republic of Croatia.
5.2. Unless otherwise agreed, the price of the package arrangement does not include additional services, such as optional excursions and visits, entrance fees, costs of obtaining and issuing visas, costs of vaccinations, tests, additional documentation required for entry, stay or exit from a particular country, costs insurance related to the trip, special services such as single room selection, special meals, or any other services that are not included in the price of the package arrangement by the Travel Program. All such additional services that the Traveler chooses, he is obliged to pay additionally to the Agency according to the indicated price. In the event that the Traveler chooses additional services in the sense of this point, the Agency will issue a separate invoice for these additional services to the Traveler, which the Traveler is obliged to pay within the deadline set by the Agency. In the event that the Traveler does not pay for these services within the deadline, the Agency is not obliged to provide the Traveler with additional services.
5.3. The prices of additional services such as optional excursions and visits, ticket prices, insurance costs related to travel, etc. listed in the Travel Program are based on contracts with our partners and may differ from the prices on the spot of the travel destination. Such a possible price difference cannot be the subject of a complaint to the Agency. The Agency can provide that the Traveler pays for certain services on the spot in the currency of the country in which he is located. For services that are paid on the spot, any complaint is submitted directly to the service provider.
5.4. The agency has the right to sell package arrangements at promotional prices that are lower than regular prices for the same trips. In this case, the Traveler who concluded the Package-arrangement Contract at the regular price does not have the right to a reduction in the price of the package-arrangement.
5.5. All applicable discounts are expressly stated in the Agreement. The available discounts on the price of the package arrangement are mutually exclusive and the Traveler can choose the discount that suits him best and for which he meets the conditions. The discount is calculated exclusively on the part of the price without mandatory or additional surcharges, i.e. on the part of the price from which accommodation, air, port taxes, other similar costs and additional and special services of meals, excursions, transportation and the like are excluded.
5.6. The Agency does not approve the refund of the Traveler’s funds for any contracted service that the Traveler did not use due to his own decision or fault.
6. TRANSFER OF CONTRACT TO ANOTHER PASSENGER
6.1. Before starting the trip, the Traveler can transfer the Agreement to another traveler who meets all the conditions applicable to that Agreement and if such a change is possible and permitted according to the terms of the service provider included in the package arrangement. The traveler is obliged to inform the Agency about the intended transfer of the Agreement in writing or on a permanent data carrier no later than 7 days before the start of the trip. The passenger to whom the Agreement is transferred must give express consent to the transfer of the Agreement via electronic mail and/or by signing a statement at the Agency’s office, thus becoming a party to the contract. A Traveler who has transferred the Agreement to a new Traveler ceases to be a contractual party and has no right to compensation for possible damages or other expenses.
6.2. The Traveler who transfers the Agreement and the Traveler to whom the Agreement is transferred are jointly and severally liable to the Agency for all payments in accordance with the Agreement, as well as for any additional fees, charges and other costs arising from the transfer of the Agreement, of which the Agency will notify them.
6.3. For the transfer of the Contract to another Passenger, the Agency has the right to charge the Passenger who is transferring the contract the cost of transferring the Contract in the amount of 15 euros per person.
6.4. For air travel, the possibility of transferring the Agreement and the cost of the transfer depend on the conditions and tariffs of the airline company as well as the conditions of the individual airline ticket.
7. CHANGES TO THE TERMS OF THE CONTRACT
7.1. After concluding the Agreement and before the start of the trip, the Agency can unilaterally change the terms of the Agreement, if the change is insignificant, about which the Agency will inform the Traveler 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 or value of the package arrangement, nor does it cause significant inconvenience or additional costs for the Traveler, for example: change of hotel accommodation to a hotel of the same categorization and service quality in a similar location as and the previous hotel, changes in the schedule of tours, excursions and visits, etc.
7.2. If, 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 agreed special requirements of the Traveler, it is obliged to inform the Traveler without delay on a permanent data carrier about the proposed changes, their impact on the price of the package-arrangement, or about the offered replacement package – the arrangement and its price, depending on what is applicable. The traveler is obliged to declare to the Agency on a permanent data carrier whether he accepts the proposed amendment or terminates the Agreement within 2 working days of receiving the Agency’s notification. If the passenger does not respond within the specified period, it is considered that he agrees with the proposed changes, i.e. the replacement package-arrangement. If the changes or replacement package-arrangement result in a higher price or additional costs, the difference in price must be paid by the Passenger. If the changes or replacement package-arrangement result in lower quality or price, the Traveler has the right to an appropriate price reduction. If the Traveler terminates the Agreement, the Traveler has the right to a refund of the amount paid without the right to compensation for damages and possible visa costs, insurance, vaccinations and other costs.
7.3. The Agency reserves the right to change the day or time of travel due to a change in the flight schedule or due to the occurrence of unforeseen circumstances, the right to change the direction of travel if the conditions for travel change (changed flight schedule, security situation in a certain country, natural disasters or other situations that the Agency cannot influence ) and without compensation, according to the applicable regulations in domestic and international traffic. The agency does not assume responsibility for changes due to unforeseen circumstances and force majeure during the trip. In this case, he can provide suitable services considering the situation.
8. TERMINATION OF CONTRACT BY THE PASSENGER
8.1. At any time before the start of the package arrangement, the Traveler may terminate the Agreement by submitting a written notice of termination to the Agency on a permanent data carrier. The contract is considered terminated on the day on which the Agency receives the written notification. In case of termination, the Agency has the right to charge a standard fee for termination of the Agreement in the amount determined according to the date of termination. The fee for termination of the contract is charged by keeping the appropriate amount of money paid by the Traveler as the price of the package arrangement. If not specified otherwise, the amount of compensation is determined as follows:
– more than 60 days before departure, the Agency retains a fixed fee in the amount of 100 euros,
– 60-46 days before departure, the Agency retains 15% of the price of the package arrangement,
– 45 – 31 days before departure, the Agency retains 40% of the package price,
– 30 – 16 days before departure, the Agency retains 80% of the price of the package arrangement,
– 15-0 days before departure, the Agency retains 100% of the price of the package arrangement,
– after departure, i.e. for “no show” 100% of the price of the package arrangement;
– in the event that, on the day of departure, it is determined that the passenger provided incomplete and/or incorrect information about the validity of travel documents and/or provided information about invalid travel documents in accordance with the provisions of point 14 of these General Terms and Conditions when applying for a reservation, so that prevented departure, the Agency retains 100% of the price of the package deal.
8.2. The traveler has the right to terminate the Agreement before the start of the package arrangement without paying any compensation for termination of the Agreement and with the right to refund the paid price of the package arrangement in case of force majeure or extraordinary circumstances that could not be avoided, which occurred at the destination or in its immediate vicinity nearby and which significantly affect the fulfillment of the package arrangement or which significantly affect the transportation of passengers to the destination.
These cases include: war in the country of the travel destination, epidemics and/or pandemics of diseases in the country of the travel destination against which vaccination is not possible in the country of departure, and which seriously endanger the life and health of the Traveler, natural disasters that hit the destination or the immediate surroundings of the destination within the country travel destinations, which directly endanger the life and health of persons staying in the destination area within the travel destination country, terrorist activities, sanitary disturbances in the destination within the travel destination country that significantly complicate and/or prevent the fulfillment of obligations from the package arrangement, and public disturbances that have affected the destination within the travel destination country, and which are to such an extent that they affect the safety of the Traveler’s stay in the destination country in such a way that the Traveler’s stay in that destination would be dangerous for the Traveler’s life and health.
For the avoidance of doubt, in order for the Passenger to exercise the right from this point, the aforementioned circumstances must be such that they significantly affect the fulfillment of the package arrangement, i.e. the passenger’s transportation to the destination.
8.3. If the Traveler wants to cancel the trip during the trip, he can do so by sending 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 Traveler is not entitled to a refund of any funds, but in that case the Agency has the right to retain 100% of the total price of the package arrangement, and the Traveler is obliged to bear the costs of repatriation, i.e. return to the country of origin and all other related costs connections.
8.4. In case of termination of the Agreement by the Traveler for any reason, the Traveler is not entitled to a refund of any expenses incurred in connection with the trip (e.g. possible visas, insurance, vaccinations and other expenses).
8.5. If the actual costs resulting from the termination of the Agreement by the Traveler are higher than the standard fees for termination of the Agreement stated above, the Agency reserves the right to collect up to the full amount of the actual costs incurred. The passenger is solely responsible for any costs or damage that may occur, both to the Agency and to other passengers and third parties.
9. TRAVEL INSURANCE – RECOMMENDATION WITH EVERY TRIP
9.1 By signing the Package Arrangement Agreement, of which these General Terms and Conditions are an integral part, it is considered that passengers are offered and recommended additional insurances, namely: insurance against the consequences of an accident and illness during the trip, damage and loss of luggage, voluntary health insurance during the trip and stay abroad, insurance in case of trip cancellation and insurance that covers the costs of assistance and the return of the passenger to the place of departure in case of accident and illness, as well as information on the contents of these insurances and the general conditions of the insurance contract are made available to the Passenger. In case the traveler requires the mentioned insurances, they can be arranged directly with one of the insurers or with the Agency, whereby the Agency acts only as an intermediary. Travel cancellation insurance, according to the conditions of the insurance company, is contracted when concluding the Travel Contract and cannot be contracted subsequently at the Agency. If the traveler does not submit the information for the creation of the insurance policy within the period specified on the offer, it is considered that the traveler does not want travel insurance or will arrange it independently. The insurance premium is calculated depending on the value of the trip, according to the price list of the insurance company. Unforeseen obstacles as a reason for trip cancellation are determined by each insurance company in accordance with its conditions. In case of cancellation of the trip, the amount of premium paid for cancellation insurance is not refunded. Also, in case of cancellation of the arrangement, the cost of acquiring visas and reservation services is not paid, despite the fact that the traveler has paid cancellation insurance. If the passenger has to cancel the trip, the Agency reserves the right to charge an appropriate fee according to the rules of the general conditions. Other insurance conditions are included with the insurance policy that will be sent or delivered to passengers.
9.2. For the avoidance of any doubt, in the case of contracting insurance, the general terms and conditions of the individual insurer, which will be attached to the insurance offer as well as to the insurance policy in case of realization of the insurance, will only apply to the aforementioned insurance.
10. TERMINATION OF THE AGREEMENT BY THE AGENCY
10.1. If the number of persons registered for the package arrangement is less than the minimum number specified in the Travel Program, the Agency may terminate the Agreement before the start of the trip. In this case, the Agency will return the payments received for the package-arrangement to the Traveler, without the obligation of compensation for damages or any other payments to the Traveler. The Agency will inform the Traveler about the termination within the term established in the Agreement.
10.2. 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 applicable, the Agency will deliver a new price offer to registered Passengers based on the calculation.
10.3. The Agency may terminate the Agreement before the start of the package arrangement if the Agency is prevented from executing the Agreement by extraordinary circumstances that could not be avoided. In that case, the Agency will notify the Traveler of the occurrence of these circumstances and termination without delay and return the payments received for the package arrangement, without the obligation to compensate the Traveler for damages or any other payments.
10.4. If the Agency is forced to terminate the Agreement during the realization of the trip, the Traveler has the right to return exclusively the funds related to the unused part of the contracted services.
10.5. In any case of termination of the Agreement by the Agency, the Traveler does not have the right to a refund or collection of the possibly incurred costs of travel insurance, visas, preparation of other documentation necessary for entry, stay or exit from a particular country, vaccinations, tests, costs, fees and commissions incurred in regarding money transactions or card payments and other costs.
10.6. The Agency may terminate the Agreement during the trip if the Traveler’s behavior endangers, hinders or prevents the regular implementation of the Travel Program or causes damage to the Agency, service providers, other passengers, third parties or property. In that case, the provisions of these General Terms and Conditions will be applied, which are valid for termination of the Agreement by the Traveler, and the Agency reserves the right to compensation for damages from the Traveler.
10.7. If the trip was canceled by the tour operator for whom the Agency acted as an intermediary in the sale of the mentioned arrangement, the Agency will inform the Traveler about the actions of the tour operator regarding the cancellation of the contract. In this case, the Traveler exercises all rights from the package-arrangement contract directly with the travel organizer in accordance with its general conditions, which the Traveler is familiar with when purchasing the package-arrangement.
11. TRAVEL TERMS FOR RELATED TRAVEL ARRANGEMENTS
11.1. A connected travel arrangement implies at least two different types of travel services purchased for the purposes of the same trip or vacation that do not represent a package arrangement (eg individual hotel reservation, air ticket, transfer and similar additional services).
11.2. The general travel conditions for package arrangements do not apply to travel in a related travel arrangement, except for the part of passenger protection in case of agency insolvency.
11.3. When traveling in connected travel arrangements, the Agency acts in the name and on behalf of the service provider, i.e. as an authorized sales agent of various service providers (airline companies, hotels, transfers, agencies for booking tourist services, etc.) and each of the Service Providers is solely responsible for proper performance of their services in accordance with the contract.
11.4. When traveling in linked travel arrangements, the Agency will inform the Traveler about the business conditions of those service providers, and by purchasing a particular service in a linked travel arrangement, the Traveler accepts the general conditions of the individual service provider.
12. OBLIGATIONS OF THE AGENCY
12.1. Unless otherwise specified, the Agency will provide services from the package arrangement in Croatian, English or Portuguese.
12.2. The Agency undertakes to properly fulfill its obligations arising from the Law, in particular the obligation to keep business secrets, the obligation to offer insurance, the obligation to inform the Traveler about the liability insurance policy, the obligation to correct non-compliance, obligations in the event of the impossibility of performing a significant part of the travel services, the obligation to bear the costs of necessary accommodation, the obligation to reduce the price and compensation for damages, the obligation to provide assistance.
12.3. In addition to the prescribed obligation to provide assistance, 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.
12.4. The agency is obliged to correct any inconsistency that arises if any of the travel services cannot be performed in accordance with the package travel contract, and in accordance with the provisions of these General Terms and Conditions. The Agency shall not be obliged to correct non-conformities that cannot be corrected or if the elimination of the non-conformity would cause disproportionate costs taking into account the scale of the non-conformity and the value of the travel services affected by the non-conformity. If the Agency does not correct the non-compliance for the reasons mentioned in the previous point, the Passenger has the right to a price reduction and compensation for damages.
13. OBLIGATIONS OF PASSENGERS
13.1. Passenger’s responsibility for other passengers
The Traveler is obliged to familiarize all other travelers with the Agreement, the Travel Program and these General Terms and Conditions from his application for booking a package arrangement, and by paying the advance payment the Traveler expressly confirms to the Agency that he has fulfilled this obligation. At the same time, the passenger is obliged to inform the other passengers of all additional information obtained in further contact with the Agency.
By applying for a package-arrangement reservation, the passenger expressly confirms to the Agency that he is authorized to act in the name and on behalf of all passengers included in the application and that he is fully responsible to the Agency for their compliance with the Agreement.
Unless otherwise specified, the Passenger is obliged to make all payments based on the Agreement for all passengers from the package-arrangement booking 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 Traveler makes a statement, guarantee, waiver or assumes an obligation, he is personally responsible for the fact that every passenger from his application for booking a package arrangement will adhere to the same statements, guarantees, waivers and will fulfill the same obligation. Whenever such other passenger makes any statement, warranty waiver or undertakes any obligation, he is deemed to be doing so in his own name and on his own account.
13.2. Obligation to submit data and documents
When applying for a package-arrangement reservation, the Traveler is obliged to submit to the Agency all accurate information and documents of all passengers that are necessary for the organization and implementation of the trip. The submitted data and documents must correspond to valid personal documents that will be used during the realization of the trip. The Agency is not responsible for receiving, using or forwarding incorrect or incomplete data or documents. A traveler who provides incorrect or incomplete information or documents to the Agency during registration is responsible for all consequences and costs arising from the use of such information or documents. In this case, the Agency may terminate the Agreement with the effect as if it had been terminated by the Traveler and demand payment of all incurred costs and damages from the Traveler. In the event that the Traveler does not submit data 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 Traveler shall apply.
In the event of any change in the passenger’s data that is necessary for the organization and realization of the trip or the documents that the passengers will use during the realization of the trip, the Traveler is obliged to submit the new data or documents to the Agency without delay. Otherwise, he is considered to have submitted incorrect data or documents, and the rules applicable to the submission of incorrect data or documents will apply.
If this is necessary for the organization and realization of the trip, the Agency can keep copies of the passenger’s documents.
The 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 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 or need for any change or correction of the travel documentation after the expiration of that period shall be borne by the Traveler.
13.3. Obligation to comply with regulations
The traveler is obliged to inform himself and comply with all valid regulations on travel documents and visas, foreign exchange, border, customs and health and other applicable regulations, and to ensure that he personally, his documents and luggage meet the conditions provided for in the aforementioned regulations of the home country, the country of transit and country of destination.
If, due to non-compliance with the regulations, the Traveler is prevented from going on the trip or continuing the trip, it will be considered that he has terminated the Agreement, in which case the provisions on termination of the Agreement by the Traveler shall apply. In this case, the Passenger is also responsible for all incurred costs and consequences.
13.4. Travel documents
For the purpose of travel, the 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 traveler is obliged to obtain a valid passport or other travel document on the basis of which he can be granted entry into a particular country, at his own expense and throughout the duration of the trip. Unless otherwise specified in the Travel Program, the minimum validity of the passport is six months from the day of departure from the country to or through which the travel is being made. The traveler himself takes care of his passport or other travel document and is responsible for their possession, correctness and for all consequences that may arise from not having or using an invalid passport or other document.
If, during the trip, the Passenger’s passport or other appropriate document is stolen, destroyed, lost or misappropriated in any other way, the Traveler is obliged to obtain a new passport or other appropriate document at his own expense if this is necessary for the continuation of the trip or return to the country departure. In doing so, the tour manager or other representative of the Agency can help the Traveler, but not to the detriment of the regular implementation of the Travel Program. In addition to the costs of obtaining new documents, the Traveler is obliged to bear all additional costs and fees arising from the described situation.
If the 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, the Passenger will be considered to have terminated the Agreement, and the provisions on termination of the Agreement by the Passenger shall apply. In this case, the Traveler is responsible for all incurred costs and damages.
13.5. Visas and other documents
The traveler is obliged to obtain visas as well as other documents specified in the Travel Program at his own expense within the period specified in the Travel Program, if this is necessary for the realization of the trip. The agency can, when possible, mediate in obtaining visas and other documents with a special surcharge.
In no case does the Agency guarantee the approval of visas or other documents, as well as the refund of the amount paid for obtaining them. In the case of obtaining a visa or other documents, the Agency is not responsible for their correctness. The Agency does not guarantee the accuracy of the information it received from the competent diplomatic missions, and which it forwarded to the Traveler.
If the Traveler is prevented from going on the trip or continuing the trip due to visa disapproval or failure to obtain another document, he will be considered to have terminated the Agreement, in which case the provisions on termination of the Agreement by the Traveler shall apply. In such a case, the Passenger is also responsible for all incurred costs and damages.
13.6. Vaccination and other health conditions of travel
If in order to organize and implement the trip, it is mandatory to obtain an appropriate health document, to have vaccinations or to fulfill any other condition specified by health regulations (e.g. obtaining a certificate of recovery from a certain disease, a certificate that the Traveler has never had a certain disease, vaccination certificates, negative PCR test, etc.), the traveler is obliged to properly fulfill the required condition independently at his own expense and within the time limit specified in the Travel Program.
The Agency is not authorized to give the Traveler instructions and recommendations to receive a certain vaccine, undertake a medical procedure or use medication, but for the purpose of obtaining all information, instructions and recommendations on these issues, it directs the Traveler to contact an authorized person. The Agency is not responsible for the consequences that could arise for the Traveler from vaccinations, taking other medical procedures, using medicines and similar actions.
If the Traveler is prevented from traveling or continuing the trip due to not having an appropriate health document, vaccination or failure to meet other conditions specified by health regulations, it will be considered that he has terminated the Agreement, in which case the provisions on termination of the Agreement by the Traveler shall apply. In such a case, the Traveler is responsible for all incurred costs and damages.
13.7. Carrier conditions
The passenger is obliged to ensure that he personally, his documents and luggage meet the conditions set by the carrier.
The Agency is not responsible for the carrier’s decisions denying the Passenger transportation, nor for the costs or other consequences resulting from such decisions. If the Traveler is unable to go on or continue the trip due to such a decision, he will be considered to have terminated the Agreement, in which case the provisions on termination of the Agreement by the Traveler shall apply. In such a case, the Passenger is also responsible for all incurred costs and damages.
13.8. Obligation to inform about circumstances affecting the trip
The traveler is obliged to inform the Agency during the application and at any time after the application for the reservation of the package arrangement has been made about all the circumstances related to the health condition and habits of all passengers covered by his application for the reservation of the package arrangement if such circumstances could threaten or significantly complicate the realization of the trip or the health and the Passenger’s life, such as the need for a special diet, information about chronic diseases, allergies, disability, and the like.
The Agency will forward the Passenger’s request for a special type of meal to the service providers upon receipt of the request, but is not responsible for non-fulfillment of the request in the event that they are unable to offer the requested type of meal or if the service providers make omissions when implementing the request.
The travel program may require that the Traveler meets certain conditions regarding personal characteristics, for example, a certain age, a certain state of health, a certain physical condition, and the like. In this case, the Traveler can use the Agency’s services only if he meets the set conditions. The traveler is obliged to provide the Agency with accurate information about the conditions set in this way. If the Traveler does not meet the conditions set in this way or has provided incorrect information to the Agency, the Agency may terminate the Agreement with the effect that it was terminated by the Traveler and demand payment of all incurred costs and damages from the Traveler.
13.9. Obligation to report non-compliance
The traveler is obliged, without undue delay and taking into account the circumstances, to notify the Agency of any non-compliance that he finds during the performance of the travel service included in the package travel contract.
13.10. Passenger behavior at the destination
The traveler is obliged to comply with all the rules and house rules of the accommodation facility, especially regarding the time of starting to use the accommodation unit (check-in), the time of leaving it (check-out), as well as regarding the use of the accommodation unit and other contents of the accommodation facility. Unless otherwise specified, check-in and check-in can be done after 14:00 (or 16:00) on the day of arrival, and leaving the accommodation and check-out must be done no later than 10:00 a.m. on the day of departure, unless individual accommodation facilities have different rules for entering and leaving the accommodation unit. When possible, 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 listed here, the Traveler will be informed of this directly by the accommodation facility when checking in to the accommodation facility.
If the Traveler in any way endangers the safety, peace or comfort of other Travelers, third parties or endangers, complicates or prevents the regular development of the Travel Program, the Agency has the right to terminate the trip for that Traveler, in which case the Traveler is not entitled to compensation 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 a passenger is a minor, the Passenger responsible for such a person is obliged to ensure the minor’s return home at his own expense.
The traveler undertakes to comply with all reasonable instructions of the tour leader or other representative of the Agency. In case of any dissatisfaction, the 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 passenger is obliged to comply with the rules on personal safety to the extent that any average person would apply. The Agency is not responsible for the Passenger’s actions concerning his personal responsibility.
In case of any violation of the Agreement or positive regulations, the Passenger is responsible for the resulting damage as well as for any other damage caused and suffered by the Agency, other passengers, service providers or third parties. The passenger will pay for any damage he causes on the spot directly to the person he caused damage to. For any such damage that the Agency might settle on his behalf, the Agency has the right of recourse upon returning from the trip. In the event of a violation of the Agreement or positive regulations and damage by the Passenger, the joint and several liability of all passengers on the same reservation application for its compensation is determined.
14. COMPLAINT RESOLUTION
The passenger has the right to complain about the unfulfilled contracted service. The traveler is obliged to submit a written complaint to the Agency within 8 days of the end of the trip. Objections filed after the deadline will not be taken into consideration. It is the obligation and in the interest of the Traveler to act in good faith and to express his will to resolve the complaint during the trip and to send his written complaint to the service provider on the spot (reception, transporter, restaurateur or travel agency at the destination) and to request a written confirmation from the service provider that received a complaint. Each customer complaint is submitted separately. The Agency will not consider group complaints. The agency is obliged to respond in writing to the complaint within 15 days after receiving the complaint. If necessary, in order to collect information and verify the allegations from the complaint, the Agency can postpone the deadline for providing an answer for another 15 days, and it is obliged to inform the Traveler who submitted the complaint in writing. The Agency will resolve only those complaints for which the Traveler provides proof that he sent a written complaint to the service provider on the spot and that the cause could not be eliminated on the spot. If, due to the Agency’s fault, the Program or part of the services were not fulfilled, the Traveler has the right to compensation equal to the actual value of the unused services. In the case of concluding a contract according to the “Fortuna system” or according to the “Last minute offer”, the Traveler has no right to object to the accommodation. Until the Agency gives a written response to the complaint, the Traveler renounces mediation by any other person, judicial institution or providing information to the media. The 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 and the application of Croatian law are agreed upon, with the exception of the provisions of international private law.
15. PROTECTION OF PERSONAL DATA
The passenger provides personal data voluntarily. The Passenger’s personal data is necessary in the process of realizing the agreed arrangements and will be used for further communication. The Agency undertakes not to take the Passenger’s personal data out of the country, except for the purpose of realizing the agreed arrangements. Exceptions to the provision of personal data to third parties refer to:
1. – contracting travel insurance policies, that is, if the Traveler takes out an insurance policy, then his personal data will be forwarded to the insurance company.
2. fulfilling obligations towards state bodies and
3. protection of the Agency’s legitimate interests.
The Passenger’s personal data will be stored in the database, in accordance with the Agency’s decision on the method of collecting, processing and storing personal data.
The traveler agrees that his data can be used for the purpose of the Agency’s marketing campaigns.
The passenger can at any time withdraw his consent to the processing of his data for the purpose of the Agency’s marketing actions.
16. FINAL PROVISIONS
These General Terms and Conditions are always available on the Agency’s website www.cromotion.eu
The Agency has the right to amend these General Terms and Conditions at any time by publishing the amended text of the General Terms and Conditions on the Agency’s website.
If any provision of the Agreement or these General Terms and Conditions becomes void, invalid or unenforceable, this will not affect the validity or enforceability of the other provisions of the Agreement and General Terms and Conditions. Any such void, invalid or unenforceable provision shall be deemed to be replaced by an appropriate provision that is in accordance with the economic purpose and objective and, to the extent legally permitted, the closest to the original intention of the Agency and the Passenger.
These General Terms and Conditions enter into force on the day of their publication on the Agency’s website and exclude all previous conditions and travel instructions.
In Zagreb, 11th January2024.