TERMS OF THE CONTRACT OF TRAVEL ORGANIZATION AND / OR MEDIATION
1. General Provisions
These Terms govern the mutual relations between:
the tour organizer,
the mediation agency / travel agent (hereinafter collectively: the Agency), and
the Traveler, including cases where the contract is concluded by a contracting party for the benefit of a third-party passenger.
Where the contract is concluded for the benefit of a third party, that third-party passenger acquires rights directly from the tour organizer/service provider under this contract.
2. Contracting Parties
Parties to this contract are:
Tour Organizer / Service Provider – the entity responsible for organizing and/or providing travel services;
Agency / Intermediary – the entity mediating between the Traveler and the tour organizer/service provider;
Traveler / Contracting Party – the person who concludes the contract for themselves or for the benefit of a third-party passenger;
Third-Party Passenger – the person in whose favor the contract is concluded.
The responsible tour organizer is clearly indicated on the Travel Certificate / Voucher / Invoice.
3. Conclusion of the Contract
A Travel Organization / Mediation Contract is considered concluded and legally binding when:
the Contracting Party signs the contract, or
consent is clearly given via distance communication (internet booking, email, fax, card payment, bank transfer, etc.),
and
the Agency has received the full travel price by the agreed deadline, or
the agreed part (deposit) plus documentation securing payment of the remaining amount by the agreed deadline.
The Contracting Party guarantees the accuracy of all data provided and confirms they are authorized (where applicable) by the passenger to provide personal data and accept all legal obligations arising from this contract.
4. Obligations of the Agency
The Agency undertakes to:
provide the Traveler with services as defined in the contract, program, and/or voucher,
act in accordance with professional standards and with due care for the rights and interests of the Traveler,
be liable for damage resulting from non-performance, partial performance, or improper performance of services up to a maximum of the total value of the contracted arrangement, unless otherwise provided by mandatory law.
5. Obligations of Organizers and Service Providers
The tour organizer / service provider undertakes to:
provide services in accordance with the information stated in the official program, contract, and/or voucher,
respect information in promotional materials unless it is explicitly stated that changes are possible, in which case the binding provisions are those in the contract and program, not earlier advertising content.
6. Prices and Price Adjustments
The price of the trip is determined in the travel program and/or contract.
The tour organizer may increase the contract price no later than 20 days before departure if, after contract conclusion, there is:
a change in the exchange rate relevant to the arrangement,
an increase in transport costs, including fuel,
an increase in taxes, fees, or charges (e.g. airport or port fees) directly affecting the price.
Unless otherwise specified, the increase is calculated proportionally to the change in the relevant cost elements.
If the total price increase exceeds 10%, the Traveler has the right to terminate the contract and is entitled to a refund of all amounts paid up to that moment, without the right to additional compensation or reimbursement of ancillary costs (visas, insurance, vaccinations, etc.).
7. Termination Due to Non-Payment
The tour organizer / service provider / intermediary may unilaterally terminate the contract, in whole or in part, if:
the Traveler fails to pay the price or part of the price within agreed deadlines, and/or
fails to submit agreed documentation securing payment of the remaining amount.
In such case:
the Traveler is not entitled to damages or reimbursement of ancillary costs (visas, insurance, etc.),
the Contracting Party is obliged to pay the applicable cancellation fees as if they had cancelled the trip themselves, in accordance with the general conditions or program.
8. Termination Due to Minimum Number or Force Majeure
The tour organizer / service provider / intermediary may terminate the contract unilaterally, in whole or in part, if:
the minimum number of participants required for the trip, as stated in the program, is not reached, or
extraordinary, exceptional circumstances occur (force majeure) which could not be foreseen, avoided, or eliminated, and which would have constituted a justified reason not to conclude the contract had they existed at that time.
In such cases, the Traveler is entitled to a refund of payments made but not to additional compensation or reimbursement of ancillary costs (visas, insurance, vaccinations, etc.).
9. Amended Contract and Substitute Arrangements
Instead of terminating the contract before the start of travel, the organizer or intermediary may offer:
an amended contract (e.g. modified itinerary, dates, services), and/or
a substitute travel arrangement.
The Traveler / Contracting Party must, within 2 (two) working days from receipt of the offer:
accept the amended/substitute arrangement, or
reject it.
If the Traveler rejects or does not respond within the deadline, the contract is terminated, and the organizer refunds the amounts paid, without further compensation.
Upon acceptance of the amended contract or substitute arrangement:
the Traveler waives any further claims against the organizer/Agency, except the right to a refund of any difference where the substitute arrangement is of lower value.
10. Extraordinary Circumstances During the Trip
If, after travel has begun, extraordinary circumstances arise (war, unrest, strikes, terrorism, epidemics, natural disasters, severe congestion, delays, adverse weather, etc.) that could not be foreseen, avoided, or eliminated, and which prevent the performance of a substantial part of the contracted services, the organizer may:
modify the program for the continuation of the trip, and
upon return, refund the Traveler any difference between contracted and actually provided services, if such difference exists in the Traveler’s favor.
11. Written Termination by the Traveler
The Traveler may terminate the travel arrangement at any time, in whole or in part, by submitting a written notice.
The calculation of cancellation fees is defined in:
the general travel conditions,
the program,
and/or promotional material of the organizer.
By concluding this contract, the Traveler confirms they are familiar with these rules and accept the obligation to pay all applicable cancellation fees, regardless of the amount already paid.
If mediation relates to one or more specific services (e.g. transport, accommodation), on termination the Contracting Party is obliged to:
pay the intermediary’s commission, and
settle any costs charged by each service provider under their usual terms.
12. Passenger Replacement
If the Traveler is prevented from commencing the trip, they may designate a third party to assume their rights and obligations, provided that:
the Agency/organizer is notified in writing within a reasonable or agreed period,
the third party meets all travel conditions (documents, visas, health, etc.),
there are no legal, carrier, or destination restrictions preventing the change of passenger,
a change of reservation is operationally possible.
All additional costs arising from the replacement are borne by the Traveler and/or replacement passenger.
13. Traveler’s Duty to Provide Information
The Traveler must inform the Agency in due time about all circumstances relevant to the trip, including:
health conditions,
special dietary or medical requirements,
chronic illnesses,
pregnancy,
disabilities, allergies,
other facts that may affect safe and proper service delivery.
14. Travel Documentation
The Traveler must collect or request delivery of travel documentation (voucher, timetable, departure point, destination, organizer’s contact, etc.) no later than 8 days before departure, unless otherwise agreed.
Failure to collect documentation does not relieve the Traveler of contractual obligations. Any resulting damage is borne solely by the Traveler.
15. Voucher and Proof of Payment
At the request of the organizer/Agency, the Traveler must present:
a valid voucher, and/or
proof of full payment, or documentation securing payment of the balance.
If payment is not made or secured by the agreed deadline, the organizer is not obliged to commence travel or provide services, unless expressly agreed otherwise.
16. Obligations of the Traveler
The Traveler is obliged to:
ensure all travel documents and personal items meet carrier, border, customs, health, and other legal requirements of departure, transit, and destination countries,
comply with the travel program and house rules of accommodation and transport providers,
cooperate with the organizer’s representatives and service providers in good faith,
observe general safety precautions as a reasonably careful person.
The organizer is not liable for:
decisions of authorities denying entry/exit/transport,
costs arising from loss/theft of documents,
damage caused by the Traveler’s non-compliance or personal conduct.
17. Last-Minute and “Fortuna” Arrangements
For contracts concluded as “last minute” or with unspecified accommodation (e.g. “fortuna”, “joker”, “roulette”, “no name hotel”), the Traveler accepts:
increased uncertainty regarding detailed services,
allocation within the agreed category or parameters only.
Due to the favorable price and specific nature of such arrangements, the Traveler has no right to complaint solely on the basis of expectations beyond what is expressly guaranteed.
18. Complaints Procedure
If the Traveler identifies a failure or improper performance of a contracted service, they must:
Immediately notify the service provider and the organizer’s representative at the place of service;
Cooperate in good faith to remove the cause of the complaint.
If the deficiency is not resolved, the Traveler must:
obtain written confirmation that the complaint could not be resolved on-site, and
submit a written complaint to the organizer within the deadline specified in the general travel conditions / program.
The organizer may reject:
group complaints,
late complaints,
complaints where the Traveler did not attempt to resolve the issue on-site.
The organizer will respond within the period specified in the general conditions or promotional material.
19. Jurisdiction
In case of dispute, the competent court is the court having jurisdiction over the registered seat of the travel agency / organizer / service provider, unless otherwise specified.
20. Minor Travelers
By signing this contract for a minor Traveler, the signing parent/guardian confirms that:
the other parent/guardian is informed of and expressly agrees with the contract,
and assumes full responsibility for the accuracy of this statement.
21. Personal Data Protection
By signing this contract, the Contracting Party voluntarily provides personal data of themselves and the Traveler(s) to the Agency and consents to their processing for purposes of:
contract fulfillment,
protection of the interests of the Traveler and Contracting Party,
communication regarding the contracted services.
This includes forwarding data to third parties in Croatia and abroad where necessary for service delivery.
Data may also be used, where permitted by law, for further communication and marketing of the Agency’s services.
The Agency undertakes to store and process data in accordance with its data protection policy and applicable regulations.
22. Significance of Signatures
By signing this contract (including electronic acceptance), the Contracting Party confirms that prior to conclusion they have received:
information on border, visa, and health formalities related to the travel and destination,
information on the time required for completion of such formalities,
these Terms and the applicable general travel conditions.
23. Insurance
By signing this contract, the Contracting Party confirms that:
they have been offered information on optional insurance (trip cancellation, accident, health, luggage, and repatriation insurance),
they understand such insurance is recommended.
If the Traveler wishes to obtain insurance, it may be arranged directly with an insurer or, where applicable, through the Agency as intermediary.
24. Insolvency or Bankruptcy of the Agency
In accordance with applicable tourism legislation, in the event of the Agency’s payment incapacity or bankruptcy, Travelers are protected by the legally prescribed security instruments (e.g. guarantee/insurance for package travel), which ensure refund of payments and, where applicable, repatriation.
