Terms of the Contract for Travel Organization / Mediation

1. General Provisions

These terms regulate the relationship between:

• the travel organizer (or service provider),

• the mediation / agency / travel agent, and

• the passenger (including a third party in whose favor the contract is concluded),

in all cases where the person booking the travel (the Contracting Party) concludes the contract on their own behalf or for the benefit of another person.

2. Parties to the Contract

The contract may be concluded:

• directly between the passenger and the travel organizer,

• through a mediation agency / travel agent,

• or by a contracting party on behalf of a third-party passenger.

If the contract is made for the benefit of a third party, that third party (the passenger) acquires direct rights against the organizer/service provider, and the organizer is obliged to provide exactly what was agreed in favor of that passenger.

The Contracting Party guarantees the accuracy of all submitted data and confirms that they are authorized to provide personal data of the passenger and to accept all legal obligations arising from this contract and applicable laws.

3. Formation and Validity of the Contract

The travel contract becomes binding when:

• it is signed by the parties, or

• consent is clearly confirmed in another way (online confirmation, email, fax, credit card authorization, bank payment).

The contract produces legal effect when the agency receives:

• the full agreed amount by the agreed date, or

• the agreed advance plus documentation that secures payment of the remaining amount within the agreed deadline.

4. Obligations of the Agency

The Agency is obliged to:

• provide the passenger with all services specified in the contract,

• protect the rights and interests of the passenger in accordance with good business practice,

• compensate the passenger for damage caused by non-performance, partial performance, or disruption of service, up to a maximum of the total price of the arrangement.

5. Obligations of the Organizer / Service Provider

The travel organizer / service provider is obliged to:

• deliver services according to the program / offer,

• honor the information stated in promotional materials unless it was clearly stated that changes are possible,

• notify the passenger if any elements of the program must be changed.

If a brochure/program says that certain data may be modified, the contract text prevails over promotional material.

6. Prices and Price Changes

The organizer may increase the price no later than 20 days before departure if:

• there is a change in the exchange rate,

• transport costs increase (including fuel),

• taxes, airport or port fees, or other mandatory charges increase.

If not otherwise specified, the increase is calculated in the same percentage as the increase in the underlying cost.

If the total increase exceeds 10%, the passenger has the right to terminate the contract and receive a refund of the amount paid so far, without the right to damages and without reimbursement of costs such as visas, insurance, vaccinations, etc.

7. Termination Due to Non-Payment

The organizer / service provider / intermediary may unilaterally terminate the contract if:

• the passenger does not pay the price or part of the price within the agreed deadline, or

• does not provide the agreed payment security.

In that case:

• the passenger is not entitled to compensation or reimbursement of visa, insurance, vaccination and similar costs,

• the Contracting Party must pay the fee as if they had canceled the trip themselves.

8. Cancellation by Organizer (Minimum Number / Extraordinary Events)

The organizer / intermediary may cancel the contract in whole or in part if:

• the minimum number of passengers set in the program is not reached, or

• there are extraordinary and unavoidable circumstances (force majeure) that could not be foreseen, avoided or eliminated, and which, had they existed at the time of contracting, would have been a justified reason not to conclude the contract.

In such cases, the passenger is not entitled to damages or reimbursement of visa, insurance, vaccination or similar costs.

9. Amended Contract (Substitute Arrangement)

Instead of cancellation, the organizer or intermediary may offer:

• an amended contract, and/or

• a substitute travel arrangement.

The passenger / contracting party has 2 (two) working days from receipt of the offer to:

1. accept the amended contract / substitute arrangement, or

2. reject it.

If the passenger rejects it, the contract is considered terminated and the organizer must refund the paid amount. In that case, the passenger does not bear cancellation costs.

If the passenger accepts the amended contract, they have no further claims against the organizer or agency, except for a refund of the difference if the substitute arrangement is cheaper.

10. Extraordinary Circumstances During the Trip

If after departure extraordinary, external, unpredictable and unavoidable circumstances occur (war, unrest, strikes, terrorist acts, epidemics, natural disasters, traffic accidents, major delays of flights or other transport, severe weather, etc.) and because of them the organizer:

• cannot provide a substantial part of the agreed services, or

• reasonably believes that they will not be able to provide them,

the organizer may change the program for the continuation of the trip.
Upon return, the passenger will be refunded the difference between contracted and actually provided services (if in the passenger’s favor).

11. Passenger’s Written Termination

The passenger / contracting party may at any time terminate the contract in writing (full or partial cancellation).

The organizer’s general travel conditions and/or the program specify the calculation method for cancellation fees.
By signing the contract, the passenger confirms that they are familiar with this and accept to pay the full calculated fee to the organizer/agent, regardless of the amount already paid.

If only individual services (mediation for accommodation, transfer, etc.) are canceled, the passenger undertakes to pay:

• the agency’s commission, and

• the fee charged by the service provider, according to their regular terms.

12. Replacement Passenger

If the passenger cannot travel, they may assign the trip to another person who meets all travel conditions, provided that:

• the organizer/agent/service provider is informed in writing,

• there are no legal or visa obstacles for the new passenger,

• a change of reservation is possible.

Before departure, the original passenger or the new passenger must pay all additional costs incurred by the replacement.

13. Passenger’s Duty to Inform

The passenger must inform the agency in time about all circumstances that could affect the trip, such as:

• health conditions,

• chronic illnesses,

• the need for special diet or assistance.

If the passenger fails to provide such information, the agency is not responsible for difficulties arising from it.

14. Taking Over Travel Documents

The passenger must collect all travel documents (voucher, timetable, place of departure/arrival, contact phone of organizer, information for minor passengers, etc.) no later than 8 days before departure at the point of sale or request delivery by email/post.

If the passenger does not pick up the documents, all damage arising from this is borne by the passenger.

15. Voucher / Proof of Payment

At the organizer’s or agent’s request, the passenger must present:

• a travel voucher, or

• proof of full payment of the arrangement.

If payment is not made and/or there is no documentation proving payment of the remaining amount by the agreed date, the organizer may deny travel / service, unless otherwise agreed.

16. Passenger Obligations

The passenger must:

• have valid travel documents,

• comply with border, customs, health and other regulations of their country and the destination country,

• respect house rules in accommodation and rules during transport,

• cooperate in good faith with the representative of the organizer/service provider.

The organizer is not responsible if official authorities deny entry or exit to the passenger. All related costs are borne by the passenger.

Loss or theft of documents during the trip is also at the passenger’s expense.

If the passenger violates these obligations, the organizer is released from liability for damage, and the passenger must pay any damages on the spot.

The passenger must also observe normal rules of personal safety during travel.

17. Last-Minute and “No Name” Arrangements

If the passenger books:

• a last minute arrangement, or

• an arrangement where the exact accommodation is known only upon arrival (Fortuna, Joker, Roulette, No name hotel, etc.),

the passenger accepts all risks of such a trip.
Such arrangements contain elements the organizer cannot influence; in return, the passenger receives a favorable price.
Therefore, the passenger has no right to complain to the organizer for such specifics.

18. Complaints

If, during the trip, the passenger believes that a contracted service was not provided or was provided incompletely, they must:

1. immediately notify the organizer’s / service provider’s representative,

2. follow the instructions given, and

3. cooperate so that the defect can be removed on the spot.

If the problem cannot be resolved on the spot, the passenger must obtain written confirmation from the service provider/organizer that the defect could not be removed.

After returning from the trip, the passenger must submit a written complaint within the deadline set by the organizer’s general conditions/program.

The organizer may reject:

• group / collective complaints,

• late complaints,

• complaints where the passenger did not cooperate on the spot.

The organizer is obliged to issue a written response within the period stated in the general conditions / program.

19. Court Jurisdiction

In case of dispute, the court with jurisdiction at the seat of the organizer / service provider / travel agency shall have jurisdiction.

20. Minor Passengers

By signing the contract on behalf of a minor, the contracting parent confirms that the other parent has been informed and expressly agrees with the trip.

21. Personal Data (Privacy)

By signing the contract, the contracting party voluntarily makes available their personal data and the personal data of the passengers to the agency/intermediary and allows:

• processing for the purpose of contract performance,

• transfer to third parties in Croatia and abroad (only those needed to deliver the service),

• use for further communication and marketing by the agency.

The agency undertakes to store personal data in accordance with its internal data protection rules.

22. Information Provided Before Signing

By signing the contract, the passenger confirms that before conclusion of the contract they were informed about:

• basic border and visa requirements,

• health formalities for the destination,

• and the time needed to obtain such documents.

23. Insurance

By signing the contract, the passenger confirms that they were offered special travel insurance (cancellation, health, accident, luggage, assistance, return to place of departure).

We highly recommend taking out travel insurance that may cover:

• trip cancellation / interruption,

• medical costs,

• medical evacuation,

• loss of luggage,

• theft of personal items,

• COVID-19 related risks (if included in the policy).

The choice of insurer and coverage is the passenger’s responsibility.

24. Insolvency / Bankruptcy of the Agency

In accordance with the Act on Tourist Activity, in the event of the agency’s inability to pay or bankruptcy, passengers are protected in the manner prescribed by law (security / guarantee for package travel).