Terms and conditions of business of APODOS Ltd. for tourism, travel agency PARAGRAPH 1. – The meaning of terms in the General Conditions Contract – a concluded agreement on a package tour, which the tour organizer, or other person authorized by him, and the trip contractor concluded for the purpose of their trip according to […]
PARAGRAPH 1. – The meaning of terms in the General Conditions Contract – a concluded agreement on a package tour, which the tour organizer, or other person authorized by him, and the trip contractor concluded for the purpose of their trip according to a specific program of travel. The tour operator – travel agency APODOS d.o.o. for tourism. The trip contractor – any person who has made a treaty to conclude a package arrangement with the tour operator, no matter who the traveler is. The traveler – a person who travels, whether he is at the same time he travel contractor. Package tour – pre-arranged combination of at least two individual services that consists of transportation, accommodation, guided tours and other tourist and catering services which form a unity and include at least one overnight stay and are sold at a predetermined price. Itinerary – each published promotional material relating to a particular Package tour which describes plan trips and as such represents a general offer of the travel organizer that by signing the Treaty is an integral part of this Agreement, provided that the contract itself is not otherwise specified. Individual travel program – Package tour made at the request of an interested travel contractor or traveler. Voucher – a written document which is issued on behalf of a traveler, or to a specific group of travelers and includes nontransferable right to a person in whose name the services it provides or order direct provider of services to persons in whose name these services are provided. Subagent – a third party through which the travel organizer promotes, sells and negotiates their journeys.
PARAGRAPH 2. – General regulations Terms and conditions, Itinerary, or Individual travel program are an integral part of the Agreement. In the event that the provisions of the Contract and/or the program of travel, meaning Individual travel programs and/or General Conditions with different content, the contractual relationship between the travel / passengers and tour will be applied first contract, then Itinerary or individual travel program and at the end the General terms and Conditions. The contract is considered binding after it was signed by an employee of the Tour operator or subagent and trip contractor. By signing of voucher or booking confirmation or approval for debit card, travel contractor / traveler fully accepts these General Terms and Conditions. Terms and conditions of business of travel agency APODOS Ltd. for tourism are published on the official website www.visitsplitcroatia.com
PARAGRAPH 3. – Registration, payment and the protection of personal data In order to register for travel, person must state the names of passenger and his/their other data for the purpose of voyage realization, directly in the office of the Tour organizator, by phone, fax, e-mail or other means of communication, as well as at authorized Subagents. The travel contractor or Traveller shall, at the request of the tour organizer, provide with all information and documents necessary for the realization of the Agreement. Before concluding the Agreement, the travel contractor or Traveller is obliged to make an advance payment which will be included in the price, if particulary stated, by the CONTRACT OF CONCLUDED TRAVEL PACKAGE TOUR or CONTRACT ON BUSINESS AGREEMENT, is not defined. When registering, the travel contractor of package tour pays at least 40% of total travel arrangement price, while the remaining amount must be settled no later than 30 days before using the package. When it comes to „booking on request“, the traveller is obliged to pay at least 10% of total travel arrangement price, meaning minimum 300,- kuna, which is the NON-REFUNDABLE amount in case of programme cancellation for which the user has asked to make reservation. Before the payment of the deposit defined here is made, the agency is not obliged to book the desired program. This shall not apply if the potential traveler is only collecting offers, or if he does not carry out any reservations. Traveller provides personal information voluntarily, and they are required to process the requested service. The Agency agrees not to provide personal data of passengers to a third party except for the purpose of providing the requested service. An exception to providing personal data of passengers to the third party are insurance companies if the traveler concludes a travel insurance policy. The traveler’s personal information will be stored in the database of the Agency and can be used for the agencie’s promotional offers.
PARAGRAPH 4. – Description and categorization of services Package travel arrangement rates / Individual travel arrangement rates are expressed in Euros, based on the exchange rate of croatian currency kuna and foreign currency at the selling rate of the Privredna Bank d.d. Zagreb, prevailing at the date of the agreement. For the exchange rate changes over the 3%, the Agency has the right to a proportional increase in prices. Package travel arrangement rates / Individual travel rates usually do not include, unless otherwise agreed, airport taxes, costs of obtaining and issuing visas, tickets for the facilities to be visited and optional activities. If the contract doesn’t provide otherwise, the package travel arrangement price generally includes transportation services, accommodation and catering services, the costs of travel arrangements and mandatory statutory insurance (guarantee fund). The Agency indicates the category of the service which is due according to the official facilities and means of transport at the time of the program issuance in the country of registration of the accomodation facility or the means of transport. The Agency is required to insure a minimum standard of service as indicated in the tour program, and in case of inability to provide such services, the agency shall provide at its own expense a higher standard of service. The agency will realize the full content of the travel arrangement package, as described in the tour program, except in the case of circumstances that can not be predicted (riots, strikes, terrorist attacks, sanitary problems, natural disasters, government interventions). Change in the programme schedule by day can not be the subject of Travellers complaints, if all activities covered by the program are fulfilled. Prices of all tours that include transportation, were calculated based on the current prices of motor fuels. In case of motor fuel price increase for more than 5%, for buses (DIESEL D-2) or aircraft (JET FUEL – kerosene) in relation to the price that was used in the calculation, the Tour organizer will increase the price of the travel arrangement package by a commensurate amount of enlargement costs in fuel. In case of major disruptions in fuel prices, the Travel organizer has the right to increase the price from the ground up to a maximum of 10% without special consent of the Travel contractor or Traveller. In case of need to increase prices by more than 10%, the Travel organizer is obliged to seek the consent of the Travel contractor or Traveller. If he refuses to give approval for the price increase, the Tour organizer is obliged to pay all previously deposited funds with no deductions to the Travel contractor, except for the part that would refer to an airline ticket purchased from the low-cost airline, since that amount is ALWAYS non-refundable in the event that the Travel contractor or Traveler rejects the arrangement.
PARAGRAPH 5. – Modification of programme and trip cancellation by Tour organizator The Agency has the right to change the program in case of unforeseen circumstances. Performance of unforeseen circumstances entitle the Agency top fully or partially cancel the program or make changes to the program that allow the implementation of programs without prejudice to the travelers. The agency also has the right to cancel the travel package tour when there is not a sufficient number of participants (42 for the bus, or 90% of the capacity of the aircraft at CHARTER arrangements), and no later than seven (7) days prior to the scheduled departure with the obligation to refund the passengers with the entire amount paid. When using public transport on regular routes, any liability of the Agency as the organizer is excluded for the consequences of changes to the order of operation. When using the services of low-cost airlines, any liability of the Agency as the organizer is excluded for eventual bankruptcy, change of flight schedule or cancellation low-cost airline flights. Loss incurred by the bankruptcy of low-cost air carrier entirely goes to the expense of the User. Any commitments of the Agency for any kind of compensation of damages to the User in the case of bankruptcy of the low-cost air carrier is excluded. For “BUMERANG” tours that are organized by special aircrafts (CHARTER), the Agency shall have the exclusive right to determine the direction of the group that is using the aircraft or other means of transport, aiming at optimal loading of the aircraft. The Agency is obliged to try to meet the wishes of the group. If for the Agency is not rational to meet the wishes of the group regarding the selection of direction, that will not be concidered as grounds for complaint. For special (CHARTER) aircraft, changes in flight schedule are possible shortly before the trip. For the trip amendments made, the Agency is obliged to inform the User. Changes in flight schedule can not be ground for complaint if the passenger is given all board services indicated in the tour program.
PARAGRAPH 6. – Trip cancellation and layver by Tour contractor /passenger The Travel contractor or Traveler is required to confirm his/their verbal cancellation in writing either by letter, fax or e-mail. If the Travel contractor or traveler does not verbally confirm the stated cancellation in writing, it shall be concidered that the trip has not been annulled by him. If the Travel contractor or traveler, at their own request, terminates the journey while it is in progress, he is not entitled to compensation of expenses incurred due to early return to the place of departure. If the Travel contractor or traveler cancels the trip, the Tour organizer retains the sum paid in an amount that depends on the time period of travel cancellation in the following way: DOMESTIC TOUR – for cancellation 30 days prior to tour (min. 300,- kn) 15 % of travel arrangement price – for cancellation 15-29 days prior to tour 35 % of travel arrangement price – for cancellation 14-03 days prior to tour 50 % of travel arrangement price – for cancellation 02-01 days prior to tour 75 % of travel arrangement price – for cancellation on the day of tour 100 % of travel arrangement price *The agency will return the amount paid if there is a legitimate reason for travel cancellation* TRAVEL ABROAD – for cancellation 30 days prior to travel (min. 500,- kn*) 15 % of travel arrangement price – for cancellation 29-15 days prior to travel 35 % of travel arrangement price – for cancellation 14-00 days prior to travel 75 % of travel arrangement price * depending on the type of transport, for arrangements that include aircraft transportation minimum 700,00 kn*
PARAGRAPH 7. – Travel insurance and refund TRAVEL CONTRACTOR OR TRAVELER HAS THE RIGHT FOR REFUND EVEN ON THAT PART OF THE TOTAL PRICE AMOUNT THAT THE AGENCY HAS TERMINATED, IF THE TRAVEL CANCELLATION INSURANCE HAS BEEN CONCLUDED (with extra charge, except for high school trips outside the borders of Croatia, where it is mandatory included in the travel arrangement price), ONLY ACCORDING TO THE TERMS OF THE INSURER WITH WHICH THE AGENCY HAS AN EXCLUSIVELY CONTRACT DIRECTLY FROM THE INSURER. In such a case, the travel contractor or Traveller receives confirmation on payment of package tour from the Agency, allong with a confirmation of the suspended part of the package tour and return of the portion for which the travel contractor is due to these conditions. All other documents requested by the insurer, the travel contractor shall obtaine exclusively on his own. Cancellation of the entire group due to the change the travel destination or change of the tour operator suspends the right of return any portion of the payment made by the travel contractor or Traveller. In the event that at the destination to which the anticipated contracted journey is planned, comes to an outbreak of a pandemic infectious diseases, THE TRAVEL CONTRACTOR HAS THE RIGHT TO CANCEL THE ARRANGEMENT WITH A REFUND, ONLY IN CASE THE CROATIAN MINISTRY OF HEALTH BANS THE TRAVEL TO THE SPECIFIED DESTINATION. In any other case, the cancellation scale of costs stated above applies to the charges. Refunds shall be performed only with the return of original payment receipt made by the Travel organizer, and by signing the mentioned receipt of fund return. All travel programs published by the travel organizer, contain compulsory insurance of all participants in case of an accident with the following coverage: – in case of death due to accident 7.500,- €UR – in case of 100% permanent disability due to accident 15.000,- €UR In all of his prom excursions programs outside Croatian borders, the tour operator includes a total travel health insurance, with full coverage of hospital costs that are eventually needed for the cost of repatriation,up to and including 15 000, – €UR; and for other package tours, the ability of the individual to contract on terms and prices published by the Insurer, and the possibility of luggage insurance or insurance against the risk of cancellation, when the Insurer collected the amount reimbursed to the traveler by the Agency under the conditions defined in the contract of insurance, With travel health insurance, the insurer’s liability to cover hospital costs is EXCLUDED in consequence of excessive drinking, drug abuse and chronic diseases. In case of loss or damage and / or destruction of baggage during transportation in the official means of transport by which the arrangement is realized, in terms of compensation claims shall be submitted exclusively to the Carrier. In case of theft of luggage on grounds of facilities from the official accommodation area which realizes part of the travel arrangement package, the travel contractor or Traveller realizes its claims from owners of accommodation. Exceptionally, in cases where a Traveller has concluded a certain type of travel insurance for luggage through the Travel organizer, the organizer himself is obliged to intervene in terms of damages over Insurer while the only discretion right is to admit or eliminate the right of the Insurer entitled to damages, depending on the established circumstances.
PARAGRAPH 8. – Obligations of Tour organizator The tour organizer is obliged to perform his services after the agreed price or part of the price is fully paid, but if the payment of the remaining balance is unquestionably secured by the agreed date. The tour organizer is obliged to take care of services and selection of service providers in accordance with sound business and take care about the rights and interests in accordance with commercial practices in tourism. The tour organizer is obliged to provide the customer with all the services mentioned in the tour program and has a responsibility to the Travel contractor or Traveler for the possible non-fulfillment or partial fulfillment of promissed services, with the user’s right to his compensation in the maximum amount of the actual value of unfinished part of the arrangement, and that the TRAVELER IS COMPENSATED SOLELY ON THE BASIS OF INSURANCE POLICIES FROM A PROFESSIONAL INSURER WITH WHICH THE AGENCY HAS THE CONTRACT. The travel organizer guarantees the quality of services in accordance with the standards of the country where the service is running. The tour organizer is not responsible if the services are not provided as agreed, due to causes by majeure force and due to delays in transportation, where the carrier will not be held responsible, according to the international rules and regulations. In these cases, the agency is not obligated to pay any additional costs to the Traveler. In the event of terrorist attacks, natural disasters, epidemics, riots and wars in some regions, and other situations that can happen during the trip, on which the Travel organizer cannot influence, the tour operator is obliged to provide to the Passenger with a return to the departure point.
PARAGRAPH 9. – Obligations of Passenger A passenger is obliged to take care that he himself, and all his documents, luggage and belongings are in accordance with the regulations of the country in which he is traveling, and countries in transit. He is required to personally, if the program type is not otherwise indicated, obtain all necessary travel documents, visas, and the Travel organizer in this context does not bear any responsibility for malfunction of travel documents, or cancellationfor the use of the arrangement, caused by defective passports. The organizer does not take any responsibility for the things the Traveler lost, forgot or destroyed. Also, the Travel organizer does not bear any responsibility for the ending of the Traveler’s use of the arrangement, when the behavior of the Traveler was inconsistent with the legislation or the house rules of the facility, in which at the time of interruption the use of package travel arrangement was in progress. Any losses in the means of transportation or accommodation facilities, as well as other objects, rests solely with the offender, or the person responsible for the offender when the offender himself who is not financially or criminally liable (parents, professors / teachers, coaches – travel guide in charge, when it comes to students’ field trip or other travel minors) with all of the above mentioned on the spot. In the event of such type of termination, the cost of returning to the starting point rests solely with the harm, offense or criminal offense offender himself. When a group that uses the arrangement is a student excursion, it is common practice to issue keys to the hotel after the collection of deposits, which ranges from 20 €UR to 40 €UR per passenger as a guarantee that it will not cause any damage or interfere with the internal regulations of the hotel. If there was no disruption of the House Rules or damage caused, after check-out from hotel rooms, group deposit is refunded. If for any damage caused or the house rules disrupted, part of the deposit will be retained and the hotel is obliged to issue an invoice with an explanation of collection. In case the Traveler did not specifically request; or, if necessary supplement for special category or form of transportation and accommodation was made, he will accept any officially registered service for the issue of accommodation or place in a vehicle that performs transport during the realization of the arrangement, in the country where the service is running.
PARAGRAPH 10. – Reclamation In case the travel contractor or Traveller raise objections relating to the failure or partial fulfillment of a particular service that makes the package tour arrangement, he shall submit the complaint to the person responsible for the provision of this services’ proper execution, immediately upon the discovery of the mentioned lack, and the same to the Tour operator within 8 days of the end of voyage. The Tour organizer is not required to take into consideration any appeal filed after the expiry of this stated deadline. When the Traveller has purchased a package tour at an Agency which in this particular case the Agency provides as a SUBAGENT, the sole responsibility for all services or their performance or incomplete performance of all bears the LIABLE ORGANIZER, not the Agency – distribution, and all other complaints in this regard are indicated solely to the RESPONSIBLE ORGANIZER in carge, while the Agency – retail is obliged to serve in terms of ease and realization for establishing contact with the responsible organizer, and possibly help in resolving the complaint with NO responsibility for the outcome of the complaint. The traveller can file a complaint on site about the inadequate service given by representatives of the Organizer, and if he is not present, at the Service provider. The traveller is obliged to cooperate with the Agency in good faith that the reason of the complaint will be resolved. While the Tour organizer does not bring a solution to the complaint, and he is obliged to do so within 30 days upon receipt of the complaintreclamation, Travel contractor or Traveller refrains from intermediation by any other person, and giving a statement or any other document by any means of public communication or in any other institution. The maximum compensation per complaint can reach 50% of the total package tour arrangement price, and excludes any possibility of indemnification of damage.
PARAGRAPH 11. – Confirmation of payment of bail This agreement is valid as proof of payment of guarantee fund insurance in case of bankruptcy or insolvency of the tour operator. The Agency has concluded an insurance guarantee fund at Triglav Insurance Company, Antuna Heinz 4, HR-10000 Zagreb, phone number +385(0)15632777, Insurance policy no. 990007020534. In case of guarantee fund insurance activation, You are obliged by presenting the Agreement concluded on a package tour or any other form of contract on business cooperation ofd compulsory and only with original copies of for payments receipts on behalf of the Agency, promptly contact Triglav Insurance Company’s Split affiliate, Licka 4, HR-21000 Split, phone number +385(0)21314333 or fax. +385(0)21314336, in order to collect your receivables.
FOR ALL CASES THAT ARE NOT EXPRESSLY DEFINED BY THE TERMS OF THIS ORGANIZATION, PROVISION GOES ACCORDING TO THE LAW ON OBLIGATIONS.