General conditions of the agency Tales of Croatia
Travel contract and General conditions and instructions for tourist pack arrangements
1. General conditions
The subject of this contract is to establish the relationship with the organizer of the trips – Tales of Croatia (Svijet novih dimenzija LLC, hereinafter as the Agency) and the passengers, i.e. the contractors of the travels when the travel contractor makes the contract on behalf of the third party in the role of the passenger (hereinafter as the Passenger). The contract becomes binding after both parties the Agency and the Passenger have signed the contract and when the Passenger has payed the price of the tourist pack arrangement in full, or when s/he has undisputedly insured that the remaining sum will be payed by a set date. If the Passenger is not in the position to personally sign the contract, the contract becomes legally binding when the Agency receives the agreed sum of the travel arrangement or when a strictly determined part of the agreed price with the necessary documentation undisputably insures the payment of the remaining amount by a set date. The Passenger can register a travel arrangement in person, by phone, by internet or by other way of long distance communication. Upon signing a contract the Passenger is obliged to provide personal details and send all necessary documentation necessary for the organisation of the travel in a timely manner. The Passenger vouches to have given the Agency the correct and valid information necessary for an uninterrupted realization of the travel, and accepts all legal duties which stem from this contract and all applicable laws. The general terms of this document form part of the Contract between the Agency and the Passenger and are legally binding for both parties. In the case that a different general term is mentioned in a specific travel arrangement pack from the one in these articles of general terms, the one published in the travel pack arrangement becomes the legally binding one.
2. Reservations and payment
In order to confirm a reservation, upon registration the Passenger pays 30% of the price of the travel arrangement (if the program does not state otherwise). The remaining cost of the arrangement is paid no later than 21 days before the beginning of the trip or the documentation guaranteeing the indisputable payment of the total cost of the travel arrangement is provided. For individual reservations as well as for all reservations “upon request” (when at the moment of registering the Passenger, capacity for an individual arrangement for a specific trip in unavailable, but the Agency is able to ensure additional place) the Agency charges a reservation fee in the amount of HRK 100, except in the case when there are less than 30 days remaining to the start of the travel when for the fees of reservations “upon request” an adequate part of the arrangement price is paid according to the conditions set forth in Article 8 of this contract. Such reservation “upon request” the Agency is bound to process withing two working days (Saturday is not considered as a working day) and the Passenger is notified thereof verbally or in writing. If the Agency does not notify the Passenger in the time stated of the requested arrangement or is not able to ensure the reservation for the requested arrangement, the full amount of the costs of reservation will be refunded to the Passenger. If the Passenger does not accept the requested reservation, which has been confirmed by the Agency, the payment fees, including the reservation fees, are then nonrefundable. If the arrangement is accepted by the Passenger, the costs of the reservation will be added to the price of the arrangement.
The prices of trips are advertised in the travel programme and are valid from the day of advertising the programme. Prices stated in the programmes of the Agency are based on contracts with its partners and do not have to conform to prices advertised at the Passenger’s destination, and a certain price difference cannot be subject to complaint. The Agency may anticipate that the Passenger executes payment immediately for a specific service used abroad in the currency of the country where he finds himself at the time. For services that are paid for on the spot, the Passenger submits eventual disputes directly to the executor of the services. The Agency may request exclusively in writing and no later than 20 days before the beginning of the voyage, an increase of the agreed cost if changes in currency exchange rates or changes in transport or hotel tariffs occurred after the completion of the contract. The Passenger is obliged to accept an increase of up to 10% of the contracted price. If an increase of over 10% of the contracted price occurs, the Passenger has the right to terminate the travel arrangement, and in such case is required to contact the Agency in writing within two working days of the received notification. In the event of termination of the travel arrangement, the Passenger does not have the right to compensation. If the Passenger does not present his termination to the Agency in written form within the set period, it will be considered that he agrees with the price change.
4. Categorization and description of services
The hotels, pensions or any other facilities offered on the Agency programmes are described according to the official categorization of a particular country at the time of issuing of the programme. May we point out that local categorization is country specific and differs greatly. Accommodation, food, comfort and other services are under surveillance by local and national tourist authorities, and accommodation and service standards are different and cannot be compared. The Agency shall not assume responsibility for any oral or written information that is not in accordance with the description of services and facilities in the Agency programmes valid for a specific voyage, and which may have been supplied by the Agency employees or by a third party. The accommodation arrangement in rooms or pensions is determined locally by the reception office of the designated place of stay. If the Passenger had not specifically arranged a room/apartment of certain qualities, he will accept any officially registered and available room/apartment in each individual facility or destination described in the travel programme. Accommodation is not possible before 4:00 p.m. on the first day of the use of the services, and it should be vacated by 10:00 a.m. of the last day of the use of services, if not stated otherwise in the travel programme. For late arrival to accommodation facilities (after 8:00 p.m.), it is necessary to inform the Agency beforehand, no later that one day before the departure date, unless it is planned in the travel programme.
5. Travel documents, obiding the regulations
The Passenger who registers for an international voyage must possess valid travel documents. During registration or by the deadline stated in the programme, the Passenger shall provide the Agency with all data and documents necessary to obtain a visa for the destination country. The Agency does not guarantee the issuing of visas. If the Passenger does not fulfill the aforementioned duties it shall be considered that he gave up the travel. The Passenger shall respect customs and currency regulations of a particular country. If the Passenger cannot continue his journey due to his lack of conformity with regulations, he alone bears all incurred costs and consequences of the same. If the Passenger loses his travel documents or they get stolen during the duration of the voyage, he is responsible for getting new documents at his own cost. The Passenger should take personal responsibility that his documents and luggage fulfill conditions prescribed by the visa, boarder, customs, health and other regulations of the Republic of Croatia as well as of countries to which he will travel. The Passenger should comply with rules of conduct in the catering and hotel facilities and cooperate with the representative of the travel organization and service providers in good faith. In the event of non-compliance with stated obligations, the Passenger is responsible for the incurred damage, and the Agency assumes no responsibility for the damage. In such a case, the Passenger should settle the amount of damage with the owner of the facility (hotel, apartment, etc.) at the reception desk of the facility. During the signing of the contract, the Agency employee will provide the Passenger with the information sources of the country to which the Passenger is traveling including the recommendations of the Ministry of Foreign Affairs of the Republic of Croatia. We recommend that each Passenger informs himself by visiting the website www.mvp.hr and examines the list of high and moderate risk countries according to the opinion of the Ministry of Foreign Affairs of Croatia.
6. Travel Insurance
According to the Law on Providing Tourism Services, agency employees are obliged to offer the Passenger travel insurance “package” which comprises of: voluntary health insurance during their stay abroad, accident insurance, luggage insurance and travel termination insurance. By signing the contract, the Passenger confirms that he was offered a travel insurance package. In the event that the Passenger requests the above mentioned insurance possibilities, they may be contracted directly with any insurance provider or with the Agency, whereby the Agency acts only as an intermediary. By signing the contract it shall be considered that the Passengers have been offered and recommended the insurance stated in the previous paragraph.
7. Travel termination insurance
If during travel registration, the Passenger foresees that he might terminate his voyage due to specific circumstances, we recommend that he pay the travel termination insurance policy. Termination insurance cannot be paid subsequently, but only during the process of travel registration. Termination insurance policy can be applied only in the following situations, and requires an obligatory written confirmation: military draft, illness, death of an immediate family member. If the traveler does not possess a travel termination policy and must terminate his voyage and has a confirmation of military draft, illness or a close family member’s death. The Agency reserves the right of disbursement in accordance with the regulations stated in the Article 9 of this Contract. Upon termination of a travel arrangement, the expenses of obtaining the visa are not payed out even if the Passenger has a termination insurance policy. By paying the termination insurance policy, the Passenger transmits all his claims directly to the insurance provider of the acquired termination insurance policy, and the Agency should insure all necessary documentation for the Passenger for the realization of the claims of the Passenger toward the insurance provider, and which pertain to the travel arrangement. All termination conditions are stated in the insurance policy and we recommend that every Passenger reads them carefully.
8. Termination of travel by the Agency or change of travel programme
If the Agency significantly changes the programme, accommodation or costs before the beginning of the voyage, it is obliged to immediately inform the Passenger thereof in written form. The Passenger may either accept or refuse the amended programme within 2 working days from the receipt of the Agency notification. In the event of refusal or failure to respond to the offer, the Agency shall be obliged to refund to the Passenger of the paid amount within 7 working days. In the event of acceptance, the substitute travel arrangement that the Agency offered shall be considered as the new travel contract, whereby the Passenger refrains from the right to all claims towards the Agency on any legal basis that derived from the initial contract. If the Agency had not offered the greater part of the contracted services or if it estimates that it will not be in the position to insure the implementation of the greater part of the contracted services after the commencement of the voyage, the Agency may on their burden, and with the compliance of the Passenger, execute changes in the programme for the continuation of the voyage and as necessary compensate the price difference between the contacted and actual services offered to the Passenger. With written consent of the Passenger, the Agency may substitute the unexecuted portion of services with another service, where the Passenger gives up the right to seek claims from the Agency for such a mutually contracted and amended portion of the voyage in regards to the concluded travel contract. The Agency is authorised to fully or partially dissolve the contract, without an obligation to reimburse an eventual damage, if unspecified and unpredicted circumstances arise which could not have been stopped, avoided or removed and which, had they existed during the signing of the contract of the travel organisation, would have been a justifiable reason for the Agency not to conclude the contract. In such an event the Passenger has the right for reimbursement of the total amount of the price difference between the contracted services and those already provided to the Passenger. The Agency reserves the right to cancel voyages, no later than 5 days before the beginning of the voyage. If the voyage was cancelled by the travel organizer for which the Agency was an intermediary for the sales of the said travel arrangement or if the minimum number of travelers necessary for the realization of a travel arrangement stated on each individual travel program did not register for a specific voyage or for any other justified reason.
The Agency reserves the right to change the date or hour of travel due to changes in flight schedules or due to the occurrence of unforeseeable circumstances, as well as the right to change the direction of travel if the conditions of travel change (flight schedule change, security situation in a specific country, natural disasters or other situations where the Agency has no influence), and without damage compensation, in accordance with valid regulations in domestic and international traffic. The Agency shall not be held responsible for changes due to unforeseeable circumstances and force majeure during the voyage. In that case, services according to the given situation can be insured. The Agency shall not be held liable for eventual printing errors regarding the programmes of brochures/catalogues as well as for erroneous inputs of data by the operator of the Agency websites.
9. Termination of voyage by the traveler
If the Passenger terminates an already paid travel arrangement, the Agency retains the following amounts of the total cost of the travel arrangement (if the program does not state otherwise):
–up to 30 days before departure 10% of the travel arrangement price, not less than HRK 100
–29-22 days before departure 30% of the travel arrangement price
–21-15 days before departure 40% of the travel arrangement price
–14-8 days before departure 80% of the travel arrangement price
–7-0 days before and after departure 100% of the travel arrangement price
The stated expenses apply also for the changes in departure dates or accommodation facilities as well as for all other significant changes. The Agency charges actual substitution expenses if the Passenger – contractee terminates the travel contract, and finds another client for the same reservation that satisfies all conditions for consuming the stated travel arrangement.
10. Resolution of complaints
The Passenger has the right to file complaints for the failure of the realization of the contracted services. The Passenger is obliged to file a written complaint to the Agency within 8 days of the conclusion of the voyage. Complaints filed after the end of the 8-day term will not be taken into consideration. We emphasize that it is in the Passenger's best interest to act in good faith and to show the desire to resolve any complaints during the voyage by delivering his written complaint to the service provider on the spot (reception, transport provider, catering or travel agency at the destination) and requests a written confirmation of the receipt of the complaint from the service provider. Each Passenger – contractee files complaints individually. The Agency will not take group complaints into consideration. The Agency is obliged to deliver a written decision concerning the complaint within 14 days of the receipt of the complaint. If necessary for the purpose of gathering information and verification of statements of the complaint, the Agency may postpone the term for delivering a decision for an additional 14 days, whereby the Agency is then obliged to notify the Passenger who filed the complaint in writing. The Agency will only resolve those complaints for which the Passenger submits evidence that a written complaint had been filed to the service provider on the spot and where the cause could not have been eliminated on the spot. If failure of realization of the programme or portion of services occurred due to a fault made by the Agency, the Passenger has the right to compensation in the amount of the actual value of the unused services and cannot include services that have been used or the entire value of the travel arrangement. In the event of concluding a contract according for “Fortune System” or “Last minute offers”, the Passenger does not have the right to file a complaint regarding the quality of the accommodation. Until the Agency reaches a decision, the Passenger shall abandon mediation of any other party, Association of Croatian Travel Agencies, court establishments or providing information to the media. Before taking any legal action we suggest a referral to the Association of Croatian Travel Agencies Assoication (UHPA www.uhpa.hr). The Court of Zagreb has the jurisdiction of all court litigation process.
11. Health regulations
The Passenger is obliged to notify the Agency of all details regarding to his/her health, habits, etc. that might jeopardize the progress of the voyage (if due to health or other reasons, a specific type of food is necessary, if chronically ill, if allergies are present, etc.). In some programmes, special travel rules are stated, which include mandatory vaccinations and the acquisition of pertinent documentation. The Passenger is obliged to undertake mandatory vaccinations as well as be in possession of confirmation and documents thereof. We recommend travellers to obtain a health insurance policy.
The transport of luggage according to the required weight restrictions prescribed by the airline company is free of charge. For air transportation, the Passenger pays for luggage excess in accordance with the regulations prices of the carrier. Children up to 2 years of age do not have the right to free luggage transport. The Agency does not assume responsibility for lost or damaged luggage. Claims for lost luggage are directed to the transportation provider or the hotel. For air transportation, the airline is exclusively responsible for luggage, based on regulations concerning air traffic. In the event of loss of luggage, the Passenger fills out a PIR form of the airline that executed the transport and delivers the said form to the representative of the airline, and keeps one copy. Based on the filled out form, the airline pays compensation pursuant to regulations that are valid for domestic and international passenger air traffic.
In the event of the loss of luggage inside the hotel, the Passenger sends a claim to the hotel where the luggage was lost. We recommend obtaining a luggage insurance policy.
13. Insurance in the event of payment incapability or bankruptcy of the travel organizer
In the event of payment incapability or bankruptcy of the travel organizer, Passengers found on a voyage must contact the insurance provider Sunce osiguranje d.d. by phone on 00385/0800 6077 as soon as possible and state the address or telephone number where an insurance representative may contact them. This document has the validity of insurance confirmation in the event of bankruptcy or payment incapability of the travel organizer. Policy number of liability insurance: 1900023454.
14. Personal data protection
The Passenger voluntarily renders personal data. Passenger personal data are necessary in the realization process of contracted travel arrangements and shall be used for further communication. The Agency obliges that personal data of the Passenger will not leave the country except for the purpose of realizing contracted travel arrangements. An exception to providing personal data to third parties applies to concluding a travel insurance policy, i.e. if the Passenger concludes an insurance policy, his data will then be forwarded to an insurance provider. The Passenger personal data will be stored in a database, in accordance with the Decision of the Board of Directors concerning methods of collection, processing and protecting of personal data. The Passenger shall agree that his personal data may be used for the purpose of the Agency’s marketing actions.
Notification which the Passenger receives at registration does not oblige the organizer to a greater degree than the notifications and information stated in the travel program itself.
16. Final provisions
These conditions and directives for travel exclude all current conditions and directives for travel. General conditions and directives for travel form an integral part of the contract concluded between the Passenger and the Agency or an authorized tourist agency where the traveler registered for a travel organized by the Agency. The parties agree that all eventual disputable situations shall be settled by agreement. In the contrary, in the event of a dispute the legally amenable court is the Court of Zagreb, where Croatian legislation applies.