General Terms and Conditions for providing package travel services

These General Terms and Conditions for providing package travel services govern the mutual relationship, rights, and obligations between ADRIATIC SAILING j.d.o.o. for online sale of travel services, Rijeka, Marije K. Kozulić 1, OIB: 15200833722 (hereinafter: the Agency) and the traveller, based on the concluded Package Travel Contract (hereinafter: the Traveller), or the contracting party acting on behalf of the traveller (hereinafter: the Customer or the Traveller).

Booking request or enquiry. Regardless of whether it concerns a published package arrangement or a tailor-made package arrangement, the traveller may submit a booking request or enquiry to the Agency via the form on the website, by email, or in another written manner. When submitting a request, the traveller is obliged to provide truthful information.

Pre-contractual information. The Agency will provide the traveller with appropriate pre-contractual information, including: the main characteristics of the travel services included in the package (destination, itinerary, periods of stay, number of overnight stays, transport details, location and characteristics of accommodation, meal plan, excursion/visit information, language in which services will be provided, suitability for persons with reduced mobility), the company name and address of the organiser (if the Agency acts as a trader) including telephone number and email address, the total price including taxes, information on additional fees/charges and other costs, payment methods, the minimum number of persons required for the package to take place, general information about passport and visa requirements and health formalities of the destination country, information that the traveller may terminate the contract at any time subject to payment of an appropriate fee, and information about the travel insurance package. Pre-contractual information forms an integral part of the Package Travel Contract. Any changes to pre-contractual information will be communicated to the traveller in a clear and understandable manner.

Reservations, contract conclusion and payments. By making a reservation, the traveller confirms that they are familiar with these General Terms and Conditions and a Package Travel Contract is concluded. A reservation is considered valid only upon payment by the Customer, unless otherwise defined by the Contract. Any other form of reservation confirmation is not considered valid. Unless otherwise agreed in the Contract, a 30% deposit of the total package price is required, and the remaining amount must be paid no later than 21 days before the start of the service. If there are 21 days or fewer until the start of the service, the Customer is obliged to pay 100% of the package price. Payment may be made to the Agency’s bank account, by credit card, or in another manner specified in the Contract. If the Customer fails to fulfil the obligation stated in the Contract or these General Terms and Conditions, or if the Contract has not been concluded, it will be considered that the Customer has cancelled the reservation without the right to a refund of the paid deposit.

Agency business partners – end service providers. Offered accommodation and other hospitality facilities, means of transport, and other end service providers are described according to the official categorisation of the competent tourism organisation at the time of publication of the programme or information. Service standards vary between destinations and countries and are not comparable. Information obtained elsewhere does not bind the Agency more than information published on the Agency’s website or other Agency media/printed materials. If no accommodation of special features in a particular facility has been expressly agreed between the Agency and the traveller, the traveller accepts any officially registered accommodation unit within that facility. The Agency will attempt to meet additional requests, but does not guarantee fulfilment.

Package price. The package price refers to all services included in the package content, including taxes, fees, levies, and other costs. The price does not include special services not covered by the package and which the traveller contracts separately and pays as a separate service. Certain special services may be requested upon registration, are charged in addition to the service price, and are included in the final calculation. Optional services are services provided by the Agency that are not included in the package offer. Prices stated in the Agency’s offer are based on contracts and business relationships with end service providers and may not correspond to prices published elsewhere or on site; the Agency will not bear the cost of any price difference nor accept complaints based on such a difference. The Agency may foresee that certain services will be paid on site. For services contracted and paid on site, the Customer submits complaints directly and exclusively to the service provider. The package price is expressed in Croatian kuna if the Customer is a domestic natural or legal person.

Change of price and other conditions by the organiser. The Agency may increase the agreed price before the start of the package by up to 8% of the total agreed package price if the price increase is a direct consequence of an increase in passenger transport costs, taxes or fees (tourist taxes, levies and charges), or foreign exchange rates relevant to the package. The Agency reserves the right to change the departure/return date due to changes in flight schedules or unforeseen circumstances, as well as the right to change the travel route (flight schedule changes, security situation at the destination, weather conditions), in accordance with applicable international air transport regulations. Before the start of the package, the traveller may transfer the Package Travel Contract to another person who fulfils all conditions applicable to that contract, except in cases of an airline ticket which cannot be transferred under the rules of airlines and the International Air Transport Association (IATA). In such cases, the Agency may offer a new airline ticket reservation depending on availability, and the price of the new reservation may differ from the original. All differences, fees, charges and other costs arising from the transfer are borne jointly and severally by the transferor and the transferee.

Extraordinary circumstances. The Agency undertakes to provide the traveller with services defined in the Contract, except in cases of extraordinary circumstances (war, unrest, strikes, terrorist acts, natural disasters, sanitary disturbances, interventions by competent authorities, etc.). The Agency may propose an alternative offer or cancel reserved capacities partially or fully if extraordinary circumstances arise before or during the arrangement that cannot be avoided or remedied and which, had they existed at the time of publication and sale of the programme, would have constituted a justified reason for the Agency not to organise the package. If the traveller pays for a reservation that the Agency cannot fulfil and the Agency is able to offer an alternative solution, changes may be made only with the traveller’s approval. The offered alternative option must be of equal or higher quality.

Termination of contract by the organiser. The Agency may terminate the Package Travel Contract and refund all payments received, without compensation for damages, if the number of persons registered for the package is lower than the number stated in the Contract, no later than:

• 20 days before the start of the package for trips longer than 6 days
• 7 days before the start of the package for trips lasting between 2 and 6 days
• 48 hours before the start of the package for trips shorter than 2 days

The Agency may terminate the Package Travel Contract and refund all payments received, without compensation for damages, if extraordinary circumstances occur that could not have been avoided. In that case, the Agency must refund received payments no later than 14 days from termination of the contract.

Traveller’s right to terminate the contract. The traveller may terminate the Package Travel Contract at any time before the start of the package travel by written notice. In such case, the organiser may require payment of a termination fee.

In the event of traveller cancellation, the Agency has the right to retain the paid amount for the package arrangement to cover all costs incurred in advance, such as: transport costs (airline, bus, boat tickets, etc.), hotel reservations and other actually incurred costs, and a percentage of the difference between the agreed arrangement price and actual costs, for all cancellations from the moment of concluding the Contract and/or the first payment made by the Traveller. The Package Arrangement Contract will determine the amount of the difference depending on the number of days until the start of travel. All cancellations must be submitted in writing: by post or electronically. If, 21 days before departure, the Traveller has not paid the remaining amount or ensured undisputed collection of the arrangement price, the Agency will consider that the Traveller has cancelled the reservation and will retain the paid reservation amount in full.

Travel insurance. The Agency must offer the Customer insurance against the consequences of accident and illness during travel, damage and loss of luggage, voluntary health insurance during travel and stay abroad, trip cancellation insurance, and insurance covering assistance and return costs to the place of departure in case of accident or illness; provide information on the content of such insurance and the general terms of the insurance contract. By signing the contract, the Customer confirms that an insurance package was offered and may purchase it from the Agency or refuse it in writing.

Trip cancellation insurance. The Agency is obliged (as part of the travel insurance package) to offer the traveller a trip cancellation insurance policy. If the traveller does not wish to purchase it, they are not obliged to do so, but must notify the Agency in writing. Cancellation insurance can be paid only simultaneously with the first payment, not subsequently. Cancellation insurance is valid only in cases of illness, death of an immediate family member, or military call-up, with valid proof. By paying the insurance policy, the traveller transfers all claims to the insurance company whose policy they hold, and the Agency undertakes to provide the traveller with all necessary documentation to exercise the claim. Detailed terms are stated in the insurance policy and it is the traveller’s obligation to study them carefully.

Travel documents and obligation to comply with regulations. The Agency undertakes to provide the traveller with all information about required documents for travelling abroad, and the traveller must have valid travel documents and provide them to the Agency within the deadlines specified in the Package Travel Contract. The Agency does not guarantee obtaining a visa for entry to the destination. The traveller must comply with customs and foreign exchange regulations of the destination. If the traveller loses documents after signing the Package Travel Contract or during travel, they must bear all costs arising from such event. The traveller must meet all requirements prescribed by visa, customs, border, health and other regulations. The traveller must comply with house rules in the facilities where they stay and cooperate in good faith with service providers and the organiser’s representative or tour leader. In case of non-compliance, the traveller is fully liable for any resulting damage. The Agency recommends that each traveller additionally informs themselves via the website of the Ministry of Foreign Affairs and follows lists of countries with moderate or high risk. Invalid travel documents or an unapproved visa resulting in inability to travel are the traveller’s responsibility and the agreed cancellation scale applies.

Health regulations. Travel to some countries requires mandatory vaccination against certain diseases. The Agency must inform the traveller of such obligation, and the traveller must possess valid documents and vaccination certificates.

Luggage. The price and conditions of air luggage transport are determined by the air carrier, and the Agency is obliged to inform the traveller about details and conditions.

Responsibility for booking errors. The Agency is responsible for all errors caused by technical failures in the booking system attributable to it, while the traveller is responsible for errors attributable to the traveller (e.g., incorrect first/last name or other data). The Agency is not responsible for booking errors resulting from extraordinary circumstances that could not be avoided. The traveller is entitled to free baggage carriage up to a certain quantity/weight according to the carrier’s rules and tariff. The traveller undertakes to notify the Agency in due time about the type and quantity of luggage, especially for oversized luggage or transport of animals. The Agency will do what is necessary to fulfil such requests, but does not guarantee the outcome. The traveller must take care of their luggage and personal belongings/valuables during travel. In case of luggage loss, it is advisable that the traveller contacts the carrier or hotel/service provider. In air transport, only the air carrier is responsible for lost luggage, in accordance with applicable international air regulations. In case of luggage loss in air transport, the traveller completes the air carrier’s form and keeps one copy.

Correction of non-conformity in package performance. The organiser is responsible for the performance of travel services covered by the Package Travel Contract. The traveller must notify the organiser without delay if any service is not performed in accordance with the Contract. The organiser must remedy such non-conformity unless it is impossible or would cause disproportionate costs. If the organiser does not remedy the non-conformity, the traveller is entitled to a price reduction and compensation for damages. The traveller is entitled to compensation (regardless of price reduction) unless the organiser proves that the non-conformity is attributable to the traveller, attributable to a third party and is unforeseeable and unavoidable, or caused by extraordinary circumstances that could not be avoided. A valid contractual clause is one that limits in advance the amount of compensation for damages not caused intentionally or negligently by the organiser. If international conventions binding the European Union or related legal regulations limit the extent of compensation payable by the service provider or limit the conditions under which compensation is due, the same assumptions apply to the organiser and it may rely on them in relation to the traveller.

Complaint procedure. If the traveller wishes to complain about service performance, it is in the traveller’s interest to do so immediately to the end service provider to enable correction or improvement. If no improvement occurs or the contracted service is still not delivered, the traveller may submit a written complaint to the Agency within 8 days after the end of the trip, i.e., after completion of the last contracted service from the package. Complaints may be submitted only in writing (email, post, or personal delivery). It is advisable to attach any available evidence of attempts to resolve the issue with the end service provider. The Agency must respond to the complaint in writing within 15 days from the day the complaint is received. If the Agency acts as a seller, it must forward the complaint to the organiser without delay.

Liability insurance for damages. The Agency must conclude a liability insurance contract with an insurer of its choice no later than 14 days before the traveller’s departure for a package trip, and insure against damage caused to the traveller by non-performance, partial performance, or improper performance of obligations related to the package arrangement. By signing the Package Travel Contract, the traveller confirms that they are familiar with the content and the possibility of exercising the right to compensation.

Insolvency protection guarantee. For all package arrangements, the Agency must secure an insolvency protection guarantee no later than 14 days before the traveller’s departure for a package trip, for the purpose of refunding monies paid by or on behalf of the traveller in connection with the Package Travel Contract for contracted services that were not performed, will not be performed, or will only be partially performed due to the organiser’s insolvency or bankruptcy.

Personal data protection. Access to and distribution of personal data may be necessary for the performance of services. The Agency undertakes to act according to the principles of confidentiality and data integrity to ensure processing of personal data in accordance with the performance of the Contract and personal data protection during processing and movement of personal data. The Agency will act securely with regard to collection and processing of personal data and undertakes to act lawfully in case of data misuse within a clear framework of responsibility and supervision over procedures of collection, storage, processing and any further transfer of data. Personal data obtained through performance of the Contract will be used carefully, in accordance with applicable rules, and only for the purpose of fulfilling obligations. The Agency undertakes to keep confidential any data considered a secret under the Contract concluded with a natural or legal person and not to disclose it to unauthorised persons. The Agency undertakes to take all necessary and possible measures to protect confidential data so it does not become known to unauthorised persons. The obligation to keep confidentiality remains in force permanently, including after termination of business cooperation or after completion of all services under the Contract.

Final provisions. These General Terms and travel instructions form an integral part of the contract concluded by the traveller with the Agency or a general agreement for organising business travel. The parties undertake to resolve any disputes amicably. If this is not possible, the competent court is the court in Rijeka, and Croatian law shall apply.

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