GENERAL TRAVEL TERMS AND CONDITIONS
General Travel Terms – General Travel Terms of tourist agency „Tempus Polaris d.o.o. za usluge, turistička agencija“
Agreement – an agreement on organizing a travel trip, closed between the Travel Organizer or a person authorized by the Travel Organizer, and the Travel Agent in order to realize a travel trip according to the determined Travel Program or the Individual Travel Program Travel Organizer – Tempus Polaris d.o.o.
Travel Agent – a person who closes a travel agreement, regardless of who the Traveler may be
Traveler – a person undertaking the travel trip, regardless if that person is at the same time also the Travel Agent
Travel Package Deal – a service determined in advance, consisting of at least two individual services of transport, accommodation or other tourist and catering services as a whole, within the 24 hours or including at least one overnight stay, sold according to the price determined in advance
Travel Program – every promotion material in relation to the determined Travel Package Deal with a set Travel Program, as a general offer by the Travel Organizer and a part of this agreement, under the condition that the agreement itself does not regulate otherwise Individual Travel Program/Tailor Made Travel Program – a Travel Package Deal devised upon the request by the interested Travel Agent or the the Traveler
Voucher – a written document in the name of a traveler or a group of travelers, containing non-transferable rights of such person to such services, or the order to the direct service provider to provide the services to the person whose name is on the voucher.
Subagent – third parties used by the Travel Organizer to promote, sell or negotiate travel
All terms mentioned in these General Travel Terms, written in bold letters, signify the meaning given in this Article of these General Travel Terms, under the condition that they are not differently defined by the agreement
02. GENERAL PROVISIONS
General Travel Terms, Travel Program or Individual Travel Program are all parts of the agreement. Data contained in the Travel Program or Individual Travel Program may be changed by the agreement, in which case the provisions agreed by the agreement between the Travel Organizer and the Travel Agent or Traveler are considered valid. With the reservation confirmation, or with the approval to charge the card, the Travel Agent or the Traveler accepts General Travel Terms in full.
The agreement shall be deemed as obligatory and legally binding after the agreed price has been paid in full, or partially, but the rest of the agreed amount has been secured, until the agreed date.
In case the Traveler is a minor, and the Travel Agent is not a parent (guardian) of the child, the agreement shall be deemed obligatory and legally binding only when the above mentioned.
condition has been met and when the child’s parent consents to the agreed travel by providing a special written consent. The Traveler under the age of 18 years must be accompanied by an adult.
03. REGISTRATION AND PAYMENT
Travel registration may be done by anyone quoting the names of the travelers and other information necessary to realize the Travel, with the Travel Organizer by phone, e-mail or other means of communication. For registration or any other assistance please contact Tempus Polaris d.o.o. by phone +385912434133 or by e-mail email@example.com.
The Travel Agent or the Traveler is obligated, upon the request by the Travel Organizer, to deliver all information and documents required to realize the agreement. The Travel Organizer has the right to request and keep the copies of the documents if this is required to realize the agreement on Organizing Travel. In case the Travel Agent or the Traveler fails to deliver the required information within the determined period and in the manner quoted in the Travel Organizer’s request, the agreement shall be considered canceled. The Travel Agent or the Traveler will be held responsible for all the damages caused to himself or the Travel Organizer by providing false or incomplete information and documents.
After accepting the terms of this agreement, the Travel Agent shall pay the advance payment in the amount of 30% of the travel price per Traveler, and the difference to the latest 30 days before the departure. The advance payment shall be included in the Travel price. If the departure date is within 30 days of accepting the terms of the agreement, the payment shall be paid in full. In case the Travel Agent should not pay the rest of the price within the agreed period, the agreement shall be considered canceled and the Travel Organizer reserves the right to uphold Article 9 of these General Travel Terms.
Payments may be done by bank transactions, credit cards (Visa, MasterCard, American Express) or debit cards (Maestro Card).
Tempus Polaris d.o.o. offers three payment options: Bank transfer, Paypal transaction, and payment in cash.
– Bank transfer –
Before a bank transaction, it is advisable to determine all transaction fees and additional cost for international transfers in the customers Bank. Croatian banks accept only HRK as an official currency, foreign currencies will be converted without commission. Tempus Polaris d.o.o. will deliver all the necessary information needed for performing the transaction.
– Company name: Tempus Polaris d.o.o. – Bank name
– IBAN account number
– SWIFT code
Before the transaction, the customer will receive a receipt for the purchased services. When the transaction is confirmed and completed, Tempus Polaris d.o.o. will send a booking confirmation to ensuring the providing of all purchased services.
– PayPal transaction-
Tempus Polaris d.o.o. will send a link to the PayPal payment website on which it is necessary to log in to an existing PayPal account or to signup for a new or temporary account. It is not necessary to have a PayPal account in order to perform a transaction. It is possible to make a temporary account for the transaction. PayPal transactions are processed within seven days. PayPal Croatia takes 3,9% transaction fees for every processed transaction under 2000 Euro. The 3,9% transaction fees are included in the price. All Paypal transactions can be in Euros, USD, GBP, AUD and or HRK.
Before the transaction, the customer will receive a receipt for the purchased services. When the transaction is confirmed and completed, Tempus Polaris d.o.o. will send a booking confirmation to ensuring the providing of all purchased services.
– Payment in Cash-
Tempus Polaris d.o.o. accepts cash payments only for services considered to be a Full day (16 hours time frame) or shorter.
Tempus Polaris d.o.o. will send a receipt for the payment in cash. The payment will be done with the tour guide or a correspondent from Tempus Polaris d.o.o. before or at the end of the service.
In case of billing errors, Travel Organizer reserves the right to re-invoice with correct pricing. No refunds will be made for unused services once travel arrangements have commenced.
04. TRAVEL PACKAGE DEAL PRICE, SPECIAL SERVICES
The Travel Package Deal prices will be listed in euro and kuna and shall in general include prices of transport, accommodation and catering services, services of tourist guides and drivers, travel organization expenses and the obligatory legal insurance (deposit). If agreed with the Travel Agent or Traveler the Travel Package Deal prices may include prices of tickets for visiting tourist places and optional tourist contents. The Travel Package Deal prices do not include tips for local guides and drivers, airport tickets, airport taxes, visa issuing or similar expenses.
In case that the Travel Agent or Traveler cannot provide the transportation vehicle himself, the Travel Package Deal prices shall include transportation vehicles (car, minivan or bus) provided by Travel Organizer.
The Travel Organizer shall provide special services under the condition that such services (a single room, special diet etc.) are quoted and described in the Travel Program and under the condition that the Travel Agent or the Traveler announced them prior to the signing of the
agreement. In case such special services are not an integral part of the Travel Program, and the Travel Agent or the Traveler may order them prior or during the Travel, the Travel Organizer shall attempt to ensure the providing of these services from their direct provider. In this case, the Travel Agent or the Traveler shall be obligated to pay the price for the requested special services in the manner and according to the terms requested by the direct service provider, enlarged by the fee of the Travel Organizer even in the case the Travel Agent or the Traveler should forsake them.
Special services regarding any disability of the Travel Agent or Traveler that require special attention must be reported to Travel Organizer prior to accepting the agreement. Travel Organizer shall make reasonable efforts to accommodate the special needs of disabled tour participants, but not be held responsible for any denial of services by other service providers nor any additional expences that may incur. The Travel Organizer cannot provide individual assistance for the Travelers that require special attention, so they must be accompanied by a qualified and physically able companion.
05. PRICE CHANGES OF TRAVEL PACKAGE DEALS AND THE RIGHT TO TERMINATE THE AGREEMENT DUE TO THE INCREASED PRICE
Travel Package Deal prices are listed in kuna and euro according to the sales exchange rate of Croatian National Bank valid on the day of signing of the agreement. They are also stated per person.
The Travel Organizer retains the right to increase the agreed price of the Travel Package Deal in case the exchange rate increases in relation to the exchange rate valid on the day of the signing of the agreement. In case that the prices of transport like gas, toll fees and similar, or accommodation should rise, the Travel Organizer also retains the right to increase the agreed price of the Travel Package Deal. In these cases, the total Travel Package Deal price shall increase reciprocally to the increase of the price of each individual service for their share in forming the total price of the Travel Package Deal. In case the increase of the Travel Package Deal prices is up to 10%, the Travel Organizer shall inform the Travel Agent or Traveler on the increased price. In case the increase is more than 10%, the Travel Agent or Traveler retains the right to terminate the agreement, and retains the right to the reimbursement of the paid costs, without an obligation to compensate damages to the Travel Organizer, under the condition that the Travel Organizer has been informed on the termination of the agreement at the latest within three working days after receiving a written notification on the price increase. In case the travel is not canceled within this period, it shall be deemed that the Travel Agent has agreed and accepted the change or the price increase.
06. TRAVEL DOCUMENTS
Travel documents are documents that the Travel Organizer presents to the Travel Agent or the Traveler, and are necessary for the realization of the travel (for instance, the Travel Program, vouchers, written information etc.). Travel Progam is displayed at Travel Organizer’s web site www.adventurezagreb.com . Photographs and maps used on travel documents are for general
information, they are not necessarily used in travel trips and may not accurately reflect actual routings.
07. CHANGE OF AGREEMENT / TRAVEL PACKAGE DEAL
In case the Travel Organizer should significantly modify the agreed Travel Package Deal (program, accommodation or price and similar) before the departure, he shall be obligated to inform the Travel Agent in writing and without delay. The Travel Organizer may offer
the Travel Agent or Traveler a changed Travel Package Deal with the stated modifications as well as their influence on the agreed travel price.
The Travel Agent shall within two working days from receiving such an offer, inform the Travel Organizer on the acceptance or decline of the offered modifications.
In case the Travel Agent should decline the modifications, he retains the right to terminate the agreement without the obligation to reimburse potential damages or costs to the Travel Organizer. In that case the Travel Agent or Traveler retains the right for the reimbursement of the paid amount in full decreased for the bank fee. He also retains the right to use another appropriate travel for the paid price if the Travel Organizer should offer such a new travel trip, without the obligation to pay the difference in the price in case the price of the new travel trip is higher. If the price of the new travel trip is lower, the Travel Agent or Traveler retains the right for the reimbursement of the price difference. If the Travel Agent should not respond to the Travel Organizer’s offer, this offer shall be deemed as declined and the agreement terminated after the time period from the previous article.
The Travel Agent or the Traveler has no right to damage compensation if the modifications to the Travel Package Deal are caused by extraordinary external circumstances (traffic accidents, weather conditions, terrorist acts, floods, earthquakes, riots, etc.) that the Travel Organizer could not predict, avoid or remove.
In case the Travel Organizer has not provided a larger portion of the negotiated services after the travel trip has began, or the Travel Organizer should find he may not be able to provide such services, the Travel Organizer may, at his own expense and with the consent of the Traveler, change the Travel Package Deal and, if necessary, reimburse the Travel Agent or the Traveler for the difference in the price between the agreed and the actually provided services.
If the Travel Package Deal should not be modified in the appropriate manner or the Travel Agent or the Traveler should not accept the changes for justified reasons, the Travel Organizer shall, at his own expense, enable the Traveler to return to the departure location or some other location, if the Traveler agrees, and reimburse him for the amount appropriate to the unused portion of the Travel Package Deal.
The Traveler may during the Travel change his Travel Package Deal or the agreed services only upon the prior written consent from the Travel Organizer, under the condition that he pays the difference in price of the changed Travel, in case such changes increase the price of the Travel Package Deal.
08. CANCELLATION OR TRAVEL TERMINATION BY THE TRAVEL ORGANIZER
The Travel Organizer may cancel the travel trip due to force majeure before or during the travel without the obligation to reimburse the Travel Agent or the Traveler for the damages. In case the Travel Organizer cancels the travel trip, the Travel Agent or the Traveler has the right to a total reimbursement of the paid travel price, but not to a reimbursement of costs for any services not arranged by The Travel Organizer.
09. CANCELLATION OR TRAVEL TERMINATION BY THE TRAVEL AGENT OR TRAVELER – CANCELLATION FEES
In case the Travel Agent or the Traveler cancels the travel trip, the Travel Organizer retains the paid amount depending on the time of the cancellation, as follows:
• 46+ days before the departure day – full deposit
• 45 to 31 days before the departure day – 35 % of the price
• 30 to 15 days before the departure day – 50 % of the price • 14 to 0 days before the departure day – 100 % of the price
Cancellation fees apply per person. The departure day is considered to be the date the Travel Organizer services begin.
In case the actual expenses, that is, the share in fixed expenses of the group are greater than those from the above table, the Travel Organizer retains the right to collect the actual costs. These notice periods apply also in case the departure date has been changed. In case the Travel Agent or the Traveler should cancel the travel trip during the travel, due to extraordinary external circumstances not predictable at the time the agreement was signed, that were unavoidable and insolvable, the Travel Organizer has the right to be reimbursed only for the actual costs.
An oral cancellation by the Travel Agent or Traveler shall be confirmed in writing, by a letter to Savska cesta 1, 10000 Zagreb or e-mail to firstname.lastname@example.org. In case the Travel Agent or the Traveler should not confirm the cancellation in writing, the cancellation shall not be deemed as valid.
If the Travel Agent or the Traveler, upon their own request, cancels the travel in progress, they have no right to a compensation of the expenses occurring due to the earlier return to the departure location.
10. TRAVEL INSURANCE
The agreed price does not include insurance against the risks of an accident or illness during the trip, baggage damage or loss, damage or loss of any other personal property, travel termination/interruption, nor travel health insurance. The Insurance agreement may be signed with the insurance company offering such insurance policies or with the Travel Organizer, who then acts in the name and for the account of the insurer.
The Travel Organizer shall not be liable neither for the damaged, stolen or lost baggage, nor for the luggage or valuables stolen in the hotel (renting and using of a safe is recommended) or in the transport vehicles. Every theft or damage shall be reported by the Traveler to the transport company or the accommodation reception.
11. HEALTH REGULATION
The Traveler is obligated to inform the Travel Organizer of all facts regarding his health or habits that may endanger the travel trip (if for health or other reasons, the Traveler requires a certain type of food, has a chronic disease, allergies, etc.).
The Traveler should check with the consulates and/or the local health boards for the latest health requirements.
12. PERSONAL TRAVEL DOCUMENTS
Travelers are obligated, at their own expense, to obtain and possess valid personal travel documents for the whole duration of the travel trip. A valid passport is required and must be valid three months after the date of return. Non-EU citizens must consult with the appropriate consulates to determine if visas are needed. Securing any needed visas is the responsibility of the Travel Agent or Traveler. The Travel Agent or the Traveler shall be solely responsible in case he is unable to realize the travel trip due to missing valid personal travel documents. In such cases it is considered that the Travel Agent or the Traveler has canceled the Travel and Article 9 of these General Travel Terms shall apply.
In case of theft or loss of personal travel documents during the travel trip, the Traveler shall be responsible for the costs of obtaining new documents, as well as for the expenses resulting from this. The Travel Organizer shall assist the Traveler in case of theft/loss of personal travel documents, respecting the normal sequence of the Travel Program. The Travel Organizer shall not be responsible for the decisions of customs, police and other official bodies who do not allow the Traveler to enter or exit individual countries, and that provisions from the General Travel Terms regarding the termination or cancellation of the travel by the Travel Agent or the Traveler, shall apply.
13. TRAVELER’S OBLIGATIONS
The Traveler shall respect the rules of conduct in accommodation premises (e.g. hotels, hostels, apartments, residences, private accommodation, etc.), that is, the transport vehicles, and refrain from endangering a regular and unobstructed operation of the Travel Program by his conduct. In case the Traveler should cause damages to the service provider in the accommodation premises or transport vehicles or prevent regular and unobstructed operation of the Travel Program, the Traveler shall remove such damages and reimburse the damaged party in collaboration with the service provider and the Travel Organizer. In case the Traveler should endanger the regular and unobstructed operation of the Travel Program, the Travel Organizer shall have the right for damage compensation, as well as to terminate the travel trip. This shall be construed as travel terminated upon the Traveler’s request. If the Traveler from
the case described in the previous paragraph is a minor the parent is obligated to accept the child upon the return home and to pick up the child at his own cost.
The Traveler shall respect the foreign currency and custom regulations of the Republic of Croatia, as well as the legal regulation of all the countries of the travel trip. In case traveling is not possible due to a breach of regulations, all incurred costs shall be the responsibility
of the Traveler.
Smoking is not allowed in cars, minivans, boats and other transportation vehicles provided by Travel Organizer.
14. TRAVEL ORGANIZER’S OBLIGATIONS
The Travel Organizer shall care for the provision of services, as well as the selection of service providers, in the manner of good business practices. The Travel Organizer shall care for the rights and interests of the Traveler in accordance with good business customs in tourism. The Travel Organizer shall provide all services from the Travel Program to the Traveler and shall be liable to the Travel Agent or the Traveler for potential failures to provide or a partial provision of such services. The Travel Organizer shall not be liable for potential errors during the publishing of the Travel Program/Travel Package Deal. The Travel Organizer shall provide all agreed services in full and as described in the Travel Program, except in cases of force majeure (traffic accidents, weather conditions, terrorist acts, floods, earthquakes, riots, etc.). In such cases the Travel Organizer shall ensure the provision of services depending on the instructions from the government of the country where the force majeure event occurred. In case the country included in the Travel Program at the time of departure or during the travel trip should not guarantee the safety of the stay or transit, the Travel Organizer retains the right to modify the Travel Program according to such circumstances. The Travel Organizer shall guarantee the quality of services in accordance with the standards in the country where such services are provided. The Travel Organizer shall exclude every liability in case of modifications or failures to provide services if caused by force majeure, as well as by transport delays that are not the responsibility of the transport service provider according to the positive regulations and international conventions. In such cases, the Travel Organizer shall not be obligated to cover Traveler’s additional costs. In case of terrorist actions, natural catastrophes, epidemics, unrests or wars in some regions, as well as other reasons outside the influence of the Travel Organizer, if occurring during the Travel, the Travel Organizer shall enable the Traveler to return to the departure location.
The Travel Organizer shall warn the Travel Agent or the Traveler on the country of destination’s standard level (differences in relation to the standards of the country where the Traveler lives), as well as on the possibility that the Travel Program may differ due to local customs and rules. For example, during local or national holidays, certain facilities such as museums, restaurants or shopping centers may be limited or not available. Alternatives shall be offered by Travel Organizer whenever possible.
15. INSURANCE IN CASE OF INSOLVENCY / BANKRUPTCY AND DAMAGE INSURANCE
The Travel Organizer has closed an agreement on Insurance in case the insolvency or bankruptcy of the Travel Organizer shall prevent the travel trip, that is, for the reimbursement of the Traveler’s expenses to return to the departure location. In case of such an insured event, the Travel Agent or the Traveler should contact the insurer from the agreement, or the other appropriate document, without delay and deliver the necessary documentation upon the insurer’s request.
The Travel Organizer has closed an agreement on Insurance in case of liability for the damages to the Travel Agent or the Traveler, by the failure to fulfill, partially or irregularly fulfilling the obligations in relation to the Travel Package Deal.
16. CATEGORIZATION AND SERVICE DESCRIPTION
The offered accommodation and transport services are described according to the official categorization of the state where the Traveler stays during the Travel, valid at the time of issuing the Travel Program. All services in the accommodation and transport units (hotels, apartments, trains, etc.) are under the supervision of the local tourist boards, which may result in different and incomparable standards of accommodation and services. The Travel Organizer shall not be responsible for the information not in accordance with the description of services and premises in the published Travel Programs.
17. RECEPTION AND ACCOMMODATION
The designated accommodation shall be determined at the reception of the accommodation premises. In case the Travel Agent or the Traveler did not explicitly request a room or an apartment with special features, he shall accept any officially registered room, apartment, cabin or similar, described in the Travel Program. Before the signing of the agreement, the Travel Agent or the Traveler who travels with pets, is obligated to request information from the Travel Organizer on the option of the accommodation of pets in the accommodation premises or the option to pay extra for such services. The Traveler shall respect the rules in the accommodation units regarding the check-in and check-out times or the Traveler shall be responsible for potential additional costs.
18. COMPLAINTS AND CLAIMS
In case the Travel Agent or the Traveler has stated a complaint in relation to the failure to fulfill, that is, a partial provision of individual services from the Travel Package Deal, the complaint shall be made to the person obligated to provide the service in a regular manner, without delay, and to the Travel Organizer not later than 8 days from the end of the travel trip by e-mail to email@example.com or by mail to Savska cesta 1, 10000 Zagreb. The Travel Organizer shall not be obligated to consider the complaints made after this time period. The Traveler is obligated to collaborate with the Travel Organizer and the direct service provider in order to remove the cause of the complaint. In case the Traveler should decline to
accept the offered complaint resolution, appropriate in comparison to the agreed service in type and quality at the spot, the Travel Organizer shall not accept the late complaint from the Traveler, and neither is the Travel Organizer obligated to respond.
If the service has not been provided in the agreed manner after the complaint, the Traveler shall request a written confirmation from the service provider and enclose it with his written complaint within eight days after the end of the travel trip, otherwise the Travel Organizer may not consider the complaint. Complaints after the travel trip without a written confirmation shall be deemed as not justified.
The Travel Organizer shall respond to the complaint in writing within 15 days after receiving the complaint, and retain the right to request a postponement of the resolution in order to collect information and verify the complaint with the service provider. The Travel Organizer shall resolve the complaint only when its cause was not possible to resolve at the location. Until the Travel Agent or the Traveler does not receive the Travel Organizer’s decision, the Travel Agent or the Traveler shall refrain from initiating any processes in relation to the complaint, as well as release any information to the media. The highest compensation per complaint may reach the amount of the advertised portion of services, shall not include services provided, nor the total price of the Travel Package Deal. This also excludes the right of the Travel Agent or the Traveler for the compensation for immaterial damages. In case of the “Fortuna system” or the “last minute” travel agreements, the Traveler has no right to complain about the accommodation.
19. PROTECTION OF PERSONAL INFORMATION
Traveler’s personal information shall be used for the purposes of realizing the agreed travel, including the forwarding of personal information to third parties in the country and abroad, as well as for the purposes of further communication. The Travel Organizer shall use the obtained information only for the purposes of realizing the requested services and shall not reveal, give or sell them to third parties.