Private Tours Croatia - Official Company Website

GENERAL TERMS AND CONDITIONS OF THE TRAVEL AGENCY PRIVATE TOURS CROATIA d.o.o.

GENERAL PROVISIONS

These General Terms and Conditions (the “GTC”) represent a constituent part of the Package Travel Contract (the “Contract”) entered into between PRIVATE TOURS CROATIA d.o.o., a travel agency with the seat of office at the address Ulica Hrvatske mornarice 1/J, 21000 Split, Croatia, registered in the court register of the Commercial Court in Split under MBS: 081088315, OIB: 52336583894 (the „Agency“) as the travel organizer on one side and, on the other side, the person entering into the Contract with the Agency (the “Client”) for his/her own benefit and/or for the benefit of one or more third persons which shall travel within the package which is the subject matter of the Contract (each a “Traveller”).

The definitions in these GTC are applicable to the singular and the plural of such terms. Whenever the words “include”, “includes” or “including” are used in these GTC, they are deemed to be followed by the words “without limitation”. Every reference to the “Contract” shall refer to this Contract as a whole and not to any particular provision of this Contract. All terms defined in these GTC shall have the defined meaning when used in any certificate or other document made or delivered pursuant to the Contract, unless defined otherwise therein. Legal terms shall be construed and interpreted in accordance with the understanding of such terms under Croatian law and not as understood in any other jurisdiction. Unless explicitly provided differently in these GTC, the terms used in these GTC shall have the meaning given to them in the Act on the Provision of Tourism Services (OG 130/2017) (the “ZPUT”) as may be amended from time to time.

Whenever these GTC provide that the Client gives any statement, guarantee, waiver or undertakes any obligation, it shall be deemed that the Client is doing so on the Client’s own behalf and on behalf of each of the Travellers. Whenever these GTC provide that the Traveller gives any statement, guarantee, waiver or undertakes any obligation, it shall be deemed that the Traveller is doing so on the Traveller’s own behalf and on behalf of the Client.

BOOKING AND CONCLUSION OF CONTRACT

The Client delivers to the Agency the booking inquiry in any of the following manners: personally, in the office of the Agency, via the Agency’s website www.private-tours-croatia.com, by telephone, telefax or e-mail.

Upon receipt and processing of the Client’s booking inquiry (which may include further negotiations between the Agency and the Client), the Agency shall deliver to the Client by e-mail the final written proposal of the Contract the constituent part of which are these GTC and the detailed travel itinerary (the “Itinerary”). The Client confirms the acceptance of the proposed Contract and the booking of the package described in the Itinerary by payment of the advance in the amount set out in the Contract and no less than 30% (thirty percent) of the total price of the package for all Travellers. Upon the receipt of the whole amount of advance payment from the preceding sentence, the Agency shall issue to the Client the booking confirmation and the invoice for the advance payment, by which it is deemed that the Contract is concluded. The Agency retains the right to refuse or not to process the Client’s booking instruction, in which case the Agency shall without delay notify the Client thereof in writing and return to the payer the full amount of the received advance payment. The Contract is deemed concluded in the manner set out in this section of the GTC and shall be valid without the signatures of the Client and/or the Agency. The Client accepts that the delivery of the Contract (including these GTC and the Itinerary) in PDF form as an e-mail attachment represents valid delivery on a durable medium, and the Agency shall have no obligation to deliver the Contract to the Client in paper form unless the Client explicitly requests this from the Agency in writing.

Unless the Contract states differently, the remaining amount up to the full price of the package shall be paid at least 4 weeks before the start of the package, and the exact date of the expiry of the deadline for payment shall be stated in the Contract. If the remaining amount of the price of the package is not paid within the agreed deadline, it shall be deemed that the Client has withdrawn the booking and has terminated the Contract, and the Client shall pay to the Agency the respective amount of the Contract termination fee as set out in these GTC. Upon the completion of all services included in the agreed package, the Agency shall issue to the Client the final invoice.

MANNER OF PAYMENT

Unless otherwise set out in the Contract, the Client can execute the payment of the Agency’s services in any of the following manners: by payment to the Agency’s IBAN, by credit cards through WSPAY payment gateway online payment, or by sending a signed credit card authorisation form. In case of payment to the Agency’s IBAN, all bank fees and costs of the transaction shall be borne by the Client. All prices of services are stated in EUR. Exceptionally, upon the Client’s explicit written request, the prices of services may be stated in USD in which case the final payment shall be made pursuant to the selling USD/EUR exchange rate of Privredna banka Zagreb d.d. applicable on the payment date. In case of payment by the Client’s credit card, the agreed amount is charged in HRK (Croatian kuna) pursuant to the selling EUR/HRK exchange rate of Privredna banka Zagreb d.d. applicable on the payment date. Differences between the exchange rates in USA, EU member states and the Republic of Croatia are possible, and the Client irrevocably accepts the above stated applicable exchange rates of Privredna banka Zagreb d.d. The Client may not revoke credit card payments.

SUPPORTED CREDIT CARDS
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CUSTOMER PROTECTION
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PRICE AND CONTENT OF THE PACKAGE

The price of the package is stated in the Contract. Unless otherwise stated in the Itinerary:

(i) the price of the package is shown “per person” and is based on “double room accommodation”;

(ii) the price of the package includes: transport services and costs, hotel services on the basis of overnight stay with breakfast, other agreed services stated in the Itinerary, tickets for visited sights, services of local guides and the applicable VAT;

(iii) the price of the package does not include: optional trips and excursions, costs of obtaining visas (if any), costs of airplane tickets and airport fees, meals and beverages not stated in the Itinerary, tips to service providers, costs of additional services of hotels or other accommodation units not stated in the Itinerary (such as minibar, laundry service, internet access, etc.).

All types of special services (special dietary requirements, single room accommodation, allergies, health requirements, accommodation in a room or other accommodation unit whose category is higher than the one agreed), must be requested by the Client and agreed with the Agency at the moment of closing the booking and concluding the Contract. If the Client requests such additional services during the trip, and the Agency decides to accept the Client’s request, the Client shall settle the difference in price on site to the Agency’s representative to whom the request was made during the trip or another person designated by the Agency’s representative. For the services payable on site, the Client/Traveller shall file any potential complaints directly to the service provider, and the Agency shall have no responsibility for such services, regardless of the potential help provided to the Client/Traveller in obtaining it. The prices which may be stated in the Itinerary for such additional payments on site are of an informative nature and are subject to change.

The prices stated in the Contract are based on the prices agreed between the Agency and its suppliers and service providers, they do not have to correspond to the prices stated on site in the destination where the Client/Traveller is staying, and the potential differences in prices may not be the subject of complaint of the Client/Traveller. All applicable discounts are stated in the Contract and no other discounts shall be given to the Client or Travellers. Agency’s costs in the organization of the agreed package represent Agency’s business secret and may not be revealed to the Client. The Agency shall not give any refund to the Client or Travellers for the potentially lost or destroyed passports, or for any unused services included in the agreed package.

The hotels, apartments and other accommodation objects in the Itinerary are described pursuant to the official categorisation of the respective country at the time of issuance of the Itinerary. The Agency may decide to book accommodation in an object of a higher category than the one agreed, without any surcharge of the Client. Local categorization in particular countries materially differs, the accommodation, meals, comfort and other services are under the supervision of municipal and state tourist administrations, and the standards of accommodation and services vary and are not comparable, which is accepted by the Client and the Traveller, and the Agency has no responsibility for this. The Agency shall have no responsibility for any verbal or written information which is not in line with the description of services and objects in the Itinerary. The placing of Travellers into particular rooms or apartments in the accommodation object is set by the reception at the destination of stay. Unless the Client has explicitly agreed on a room, apartment or cabin of particular characteristics, the Client shall accept any officially registered accommodation unit in the object described in the Itinerary. Unless the Itinerary states differently, accommodation is not possible before 16:00 on the start date of the service use, and individual arrival into accommodation objects after 20:00 must be notified to the Agency in writing at least 24 hours in advance.

After the conclusion of the Contract, and no later than 20 days before the start of the package, the Agency may unilaterally increase the agreed price in case of the change of the price of carriage of Travellers or other power sources resulting from the costs of fuel or other power, change of the level of taxes or fees on travel services included in the Contract set by third parties which are not directly involved in the performance of the package (including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and air ports), or the change of the applicable exchange rates from the Contract. The correction of the price is made so that the Agency unilaterally increases the price for the full amount of the change. The Client and the Travellers accept such unilateral increase of the price if it amounts to (and including) 8% of the total agreed price of the package, and if the said increase exceeds 8% of the total agreed price of the package, the Client may cancel the trip and terminate the Agreement without the payment of the Contract termination fee set out in these GTC, however neither the Client nor the Travellers have any right to claim damages from the Agency as a result of such termination. The Agency shall notify the Client on the price change by e-mail, and if the Client does not deliver to the Agency a written Contract termination notice within 2 days as of the receipt of the notice on the price change, it shall be deemed that the Client accepts the price change. The Client has the rights provided in Article 35 Paragraph 4 of ZPUT.

AMENDMENTS AND TERMINATION OF THE CONTRACT BY THE CLIENT

After the conclusion of the Contract, the Client may unilaterally withdraw from the trip and terminate the Contract by delivery of a written termination notice to the Agency, in which case the Client shall pay to the Agency the following termination fee:

(i) in the amount of 20% of the total price of the package if the Agency has received the termination notice 70 or more days before the start of the package,

(ii) in the amount of 30% of the total price of the package if the Agency has received the termination notice in the period between 69-40 days before the start of the package,

(iii) in the amount of 75% of the total price of the package if the Agency has received the termination notice in the period between 39-28 days before the start of the package,

(iv) in the amount of 90% of the total price of the package if the Agency has received the termination notice in the period between 27-7 days before the start of the package, or

(v) in the amount of 100% of the total price of the package if the Agency has received the termination notice later than 7th day before the start of the package.

For the avoidance of doubt, the said fees shall apply regardless of the reason for which the Client terminates the Contract (including the health conditions of the Client, Travellers and their family members, delays in public transport or other transport arranged by the Client, bad weather conditions, etc.) except in the cases where the Client is entitled to terminate the Contract due to material breach of the Contract by the Agency. The Client shall also pay the said Contract termination fee if the Client unilaterally requests the change of the date of arrival, the change of the accommodation unit, room or apartment, or any other material change. The said Contract termination fees are also applicable in case of any cancellation or shortening of the trip by the Client due to bad weather conditions. As an exception to the preceding provisions, in case unavoidable and extraordinary circumstances which occurred at the destination or in the direct vicinity of the destination and which materially affect the fulfilment of the package or the transport of the Traveller to the destination:

(i) The Client is not obligated to pay the above Contract termination fee,

(ii) the Client is entitled to the refund of all price payments made to the Agency,

(iii) the Client is not entitled to claim any damages.

Regardless of the timing and the cause of the cancellation of the trip, the Client shall settle all the costs of obtaining visas for any Traveller.

If the Client has directly or through the Agency contracted with an insurer the trip cancelation insurance, the Client is entitled to the payment of the compensation from the insurer exclusively pursuant to the terms of the insurance policy. All the conditions and deadlines for the payment of the compensation are directly agreed between the insurer and the Client, and the Agency has no responsibility for any refusal or complaint which the insurer files to the Client in response to the Client’s request for payment under the said insurance policy, even if the Agency acted as an agent for the Client in contracting the said insurance with the insurer.

Before the start of the package, the Client may transfer the Contract to another Traveller who meets all the conditions applicable to the said Contract by written notification to the Agency no later than 7 days before the start of the package. The Client and the Traveller to whom the Contract was transferred are jointly and severally liable to the Agency for the payment of the price, as well as any additional fees, charges or other costs arising from the transfer, which the Agency has informed them about with the proof of their occurrence.

OBLIGATIONS AND RESPONSIBILITIES OF THE AGENCY 

The combination of travel services agreed in the Contract represents a package within the meaning of ZPUT, and the Client/Traveller has all the rights arising from ZPUT related to packages. As the trip organizer, the Agency is responsible for the performance of the package as a whole, i.e. for the performance of all services included in the price in the Itinerary. Exceptionally, and only if this is explicitly stated in the Contract, in case of certain trips the Agency may act as an agent, i.e. retailer within the meaning of the provisions of ZPUT, and a third party may act as the trip organizer, in which case:

(i) for such packages the Contract shall state the responsible trip organizer,

(ii) such trip shall be subject to the general terms and conditions of such third-party responsible organizer,

(iii) the Agency shall not be responsible for the performance of tourist arrangements of other organizers, and

(iv) by entering into such Contract, the Traveller fully accepts the itinerary and the terms of the trip of such third-party responsible organizer.

The Agency shall without undue delay provide appropriate assistance to the Traveller in difficulty, in particular by providing appropriate information on health services, local authorities and consular assistance, and by assisting the Traveller to make distance communications and find alternative travel arrangements. If the Traveller has intentionally or negligently caused such difficulty, the Agency may charge the said assistance in the amount of the actual costs which the Agency incurred.

The Agency shall keep confidential as a business secret all the information about the Client and the Traveller, and shall not without their permission reveal to any person their address, place and time of the trip, stay, paid price or the names of the persons travelling with them, unless this is necessary for the purpose of the performance of the Contract or in the cases prescribed by law.

The Agency explicitly excludes any liability of the Agency in case of changes or non-performance of the services caused by:

(i) facts for which the Client or Traveller is liable,

(ii) unpredictable or unavoidable actions of third parties not related with the provision of services included in the Contract,

(iii) extraordinary and unavoidable circumstances, i.e. force majeure (including war, riots, strikes, terrorist actions, sanitary failures, severe weather conditions, interventions of competent public authorities, traffic accidents, delays and disruptions in the public transport at the destination, etc.), and

(iv) transport delays for which the carrier is not liable pursuant to the applicable laws and international conventions. The Agency shall not be liable for destroyed, stolen or lost luggage or other belongings of the Traveller.

In all of the above stated cases, the Agency shall reimburse no damages or potential costs of the Traveller. Any damages for which the Agency would be liable, except damages resulting from bodily injury or those which the Agency caused intentionally or negligently, are subject to the limitation of the maximum amount of damage to three times the total price of the package.

OBLIGATIONS AND RESPONSIBILITIES OF THE CLIENT AND THE TRAVELLER

The Client explicitly confirms to the Agency:
(i) that the Client has introduced all the Travellers stated in the booking with the Contract (including the Itinerary and these GTC),

(ii) that the Client is authorised to act on behalf of all the Travellers stated in the booking,

(iii) that the Client is wholly responsible to the Agency for the compliance of all Travellers with the the Contract and is obligated to make all payments provided in the Contract for all Travellers,

(iv) that the payments of the advance or the total of the price of the package refer to all the Travellers on the same booking, and are distributed equally to all Travellers on that booking, unless provided differently in the Contract.

The Client shall provide all the required personal data of each Traveller and timely deliver to the Agency all documentation required for the organization and the execution of the trip. The Agency may request and keep copies of the documents if this is necessary for the execution of the trip. If the Client does not deliver the requested data and copies of documents in the manner and within the deadline requested by the Agency, it shall be deemed that the Client has cancelled the booking, i.e. terminated the Contract, and the Client shall pay to the Agency the respective amount of the Contract termination fee as set out in these GTC. The Client shall be liable for any damages which the Client or any Traveller or the Agency sustains as a result of providing false and/or incomplete data and/or documents.

If any of the Travellers is a minor travelling unaccompanied by a parent or other authorised person within a package which includes accommodation, before the start of the package the Client shall provide all information and enable direct contact with the minor or the person responsible for the minor at the destination. The Client shall timely deliver to the Agency all consents of the legal representatives of each minor Traveller requested by the Agency pursuant to the Contract and applicable laws (including the consent for the processing of personal data of the minor Traveller).

The Client shall obtain each passport, visa, health insurance card or other travel related documentation required for the travel and stay abroad for each Traveller and shall ensure that the said documentation is at all times complete and valid. The Client is exclusively responsible if any Traveller is unable to take the trip as a result of not having valid travel documents or if the Traveller’s request for the issuance of visa is denied. In that case, it is deemed that the Client has terminated the Contract for the said Traveller, and the Client shall pay the Contract termination fee under these GTC. In case travel documents are stolen or lost during the trip, the Traveller shall solely bear the costs of obtainment of new documents, as well as other costs that may arise in connection with this. Before entering into the Contract, the Client and all Travellers which are not Croatian citizens and do not have Croatian passports must personally inform themselves on the country to which they are travelling and the conditions that they must meet in order to travel to that country, considering the difference of laws applicable for citizens of certain countries. Basic information about the visa regime applicable in the Republic of Croatia is available at the official website of the Croatian Ministry of Foreign and European Affairs http://www.mvep.hr/en/consular-information/visas/visa-requirements-overview/, and the Client may address potential questions related to this to the said Ministry by e-mail at vize@mvep.hr. For the avoidance of doubt, the Agency shall have no responsibility for the correctness and completeness of the said information and responses of the Ministry.

The Client is responsible for the checking and confirmation of the dates and times of take-off/landing of flights shown in airplane tickets and for the timely check-in at the airport, and the Agency shall have no liability for the potentially missed flights resulting from late airport check-in. The Client is personally liable for any damages caused by the Client and/or any of the Travellers, and shall immediately pay any such damage or loss (including lost keys) to the accommodation owner, other supplier or the third person which suffered damages. All Travellers shall respect other people in the country which they are visiting, and at all times comply with all applicable laws (including foreign exchange and customs regulations). In case of breach of the obligation from the preceding sentence which results in the termination of the trip, the Agency shall have no further liability towards the Client/Traveller (including the organization of the return to his/her domicile country), the Agency shall not refund any paid amounts, and shall not bear any costs or damages resulting from the termination of the trip.

The Traveller shall comply with the rules of the accommodation units regarding the time of entering and leaving the rooms, apartments, etc., and the Traveller shall bear all potential additional costs arising from non-compliance. The Traveller is personally liable for all damages caused during his/her stay at the hotel or other accommodation unit or vehicle during the trip. If the Traveller breaches the security, peace or comfort of other travellers in any way and/or threatens or complicates the regular carrying on of the trip pursuant to the Itinerary, in addition to the right for full compensation of material and non-material damages, the Agency is entitled to terminate the trip for the said Traveller and continue the trip pursuant to the Itinerary without that Traveller, and that Traveller shall be liable for the compensation of all costs and damages resulting from this. If that Traveller is a minor, the legal representative of the Traveller shall ensure the return of the Traveller home at his/her own cost. The Traveller shall be liable for any damage sustained by the Agency, carrier or the provider of services included in the package which would result from the Traveller’s non-compliance with his/her obligations arising from the Contract and applicable laws.

The Traveller shall comply with the rules of the accommodation units regarding the time of entering and leaving the rooms, apartments, etc., and the Traveller shall bear all potential additional costs arising from non-compliance. The Traveller is personally liable for all damages caused during his/her stay at the hotel or other accommodation unit or vehicle during the trip. If the Traveller breaches the security, peace or comfort of other travellers in any way and/or threatens or complicates the regular carrying on of the trip pursuant to the Itinerary, in addition to the right for full compensation of material and non-material damages, the Agency is entitled to terminate the trip for the said Traveller and continue the trip pursuant to the Itinerary without that Traveller, and that Traveller shall be liable for the compensation of all costs and damages resulting from this. If that Traveller is a minor, the legal representative of the Traveller shall ensure the return of the Traveller home at his/her own cost. The Traveller shall be liable for any damage sustained by the Agency, carrier or the provider of services included in the package which would result from the Traveller’s non-compliance with his/her obligations arising from the Contract and applicable laws.

The Traveller shall comply with all reasonable instructions of the Agency’s representative and shall cooperate with the Agency’s representative in good faith. In case of any dissatisfaction, the Traveller shall calmly and in good faith cooperate with the representative of the Agency and shall try to resolve the matter of dissatisfaction on site, without public expression of dissatisfaction, influence on other Travelers and third persons, and any actions which might harm the Agency’s reputation.

The Client explicitly represents that the Client and all Travellers shall refrain from any public statements or publications on the Internet or in any other media which would in whole or in part be false, incomplete or misleading and might harm the reputation and interests of the Agency. Such actions shall result in the Client’s obligation to compensate all damages which the Agency may sustain (including all lost profits and infringement of personal rights), and may also have the attributes of a criminal act pursuant to applicable Croatian laws.

The Traveller shall keep the privacy of all other Travellers and third persons, and shall not in any way record, photograph or keep their personal data contrary to the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016) (the “GDPR”). The Traveller explicitly states that he/she is informed about the fact that the penalties for the breach of the GDPR are significant, and shall be liable to the Agency for the full amount of the penalties and other damages which the Agency might sustain as a result of the breach of the GDPR by the Traveller.

COMPLAINTS

If the Traveller has a complaint related to the non-performance of a particular service from the Contract, the Traveller shall without delay report such complaint to the representative of the Agency stated in the Contract and the respective service provider (e.g. hotel reception, carrier, etc.), so that the problem could be remedied on site. If the said service provider does not remedy the problem upon receiving the Traveller’s complaint, but the Traveller accepts and uses such services, the Traveller waives any further complaints, rights and claims on these grounds. If the said service provider does not remedy the problem in the provided service upon receiving the Traveller’s complaint, the Traveller shall request the confirmation of the said service provider which shows that the service was not performed in compliance with the Contract.

If the non-compliance is not resolved directly by the service provider pursuant to the preceding section of these GTC, the Client may file to the Agency a written complaint personally at the office of the Agency, by e-mail at info@private-tours-croatia.com, by telefax or by registered mail at the address of the Agency PRIVATE TOURS CROATIA d.o.o., Ulica Hrvatske mornarice 1/J, 10000 Split, Croatia. The Client must file the said complaint to the Agency at the latest within 8 days as of the end of the trip and must enclose to it the evidence that the Client/Traveller had acted pursuant to the preceding section of these GTC. If the Client failed to file the said complaint to the Agency within the deadline from the preceding sentence or failed to enclose to it the evidence that the Client/Traveller had acted pursuant to the preceding section of these GTC, it shall be deemed that the Client has waived all the rights and claims of the Client or any Traveller on these grounds, and in this case the Client and all Travellers shall permanently refrain from any negative comments and other actions which may harm the reputation and interests of the Agency. The Agency shall deliver to the Client the written response – decision on the complaint, within 15 days as of the receipt of the Client’s complaint. Until the expiry of the said deadline, the Client waives the right to mediation of any third party, the right to initiate court, arbitration, administrative or any other proceedings, as well as the right to provide information to the media. The maximum amount of price reduction upon the Client’s complaint is the amount of the disputed part of the services, and may not include the services already used or the total amount of the price of the package.

INSURANCE OFFERED BY THE AGENCY TO THE TRAVELLER

Pursuant to ZPUT, the Agency offers the Traveller to directly (or via the Agency acting as an agent) contract with a third-party insurer the insurance for the consequences of accident or illness during the trip, damage and loss of luggage, voluntary health insurance during the trip and stay abroad, insurance in case of trip cancellation, and the insurance for the costs of assistance and return of the Traveller to the place of origin in case of accident and illness. The information on the content of these insurances and the link to the general terms and conditions of the insurer are available at all times on the Agency’s website

https://www.private-tours-croatia.com/pdf/allianz.pdf.Unless explicitly differently stated in the Contract, the prices of the said insurances are not included in the price of the package.

CHANGES OF THE ITINERARY AND CANCELLATION OF THE TRIP BY THE AGENCY

If, in the period between the conclusion of the Contract and the stat of the package, the Agency significantly changes the Itinerary, it shall without delay notify the Client thereof. If the Client does not inform the Agency that the Client accepts the amended Itinerary within 3 days as of the receipt of the said notice of the Agency, it shall be deemed that the Contract is terminated, in which case the Agency shall without delay return to the Client the amount of the price which the Client paid up to then, and the Client waives all further claims on these grounds. In case the Client accepts the amended Itinerary, this amended Itinerary shall become part of the Contract instead of the earlier Itinerary, and the Client waives any claims against the Agency on any legal grounds arising from the earlier Itinerary or the said change. If the Agency after the start of the package fails to provide a significant part of the agreed services or if it estimates that it shall not be capable to ensure the fulfilment of a significant part of the agreed services, the Agency may at its cost, and with the Client’s consent, make changes to the Itinerary for the continuation of the trip, and reimburse the Client the actual difference in the price, as may be necessary.

The Agency retains the right to change the date or hour of the trip due to the changes in the flight schedule or the schedule of other carriers or due to the occurrence of unpredictable circumstances, as well as the right to change the travel route in case the travel conditions have changed (changed flight schedule, security situation in a particular country, natural disasters or other situations which the Agency may not affect) without the compensation to the Client, all pursuant to the applicable regulations in domestic and international transport. The Agency takes no responsibility for the changes resulting from the unavoidable circumstances and force majeure during the trip.

The Agency may terminate the Contract and refund to the Client all payments received for the package, without any obligation to compensate damages or make other payments to the Client or any of the Travellers, in case the Agency is prevented in the performance of the Contract by unavoidable and extraordinary circumstances and notifies the Client on Contract termination without undue delay before the start of the package.

INSURANCE OF DEPOSIT IN CASE OF INSOLVENCY AND LIABILITY FOR DAMAGES INSURANCE

Pursuant to ZPUT, the Agency entered into the Insurance Agreement on 15th December 2017 with the insurance company Croatia Osiguranje d.d., Vatroslava Jagića 33, 10000 Zagreb, Croatia, OIB: 26187994862, which provides: (i) deposit insurance in case of insolvency enabling the Traveller to achieve rights from the deposit directly from the insurance company, under the insurance policy number 381290000024, and (ii) liability insurance for damage caused by the Agency to the Traveller by non-fulfilment, partial fulfilment or undue fulfilment of its obligations from the Contract, under the insurance policy number 228290013568. In case of occurrence of the insured event the Client/Traveller must in the most expeditious manner contact the said insurance company Croatia Osiguranje d.d., General Directorate, Claims Management Department, Credit Insurance Claims Department, personally or by e-mail obradastetakrediti@crosig.hr, or by telephone on the number +385 1 6333 188, +385 1 6333 170.

This is valid as a confirmation on the insurance in case of bankruptcy or the Agency’s inability to pay and on damage liability.

PERSONAL DATA PROTECTION

The Client and the Travellers provide personal data voluntarily. Personal data is needed in the process of service realization and will be used for further mutual communication, contracting and the performance of services. The Agency shall process, use and keep personal data of the Client/Traveller in compliance with all applicable laws (including GDPR) and shall not export it out of the country or provide it to third persons, except to suppliers participating in the provision of the agreed services (e.g., accommodation, airline, carrier, insurer). Personal data of the Client/Traveller shall be kept in the database, pursuant to the decision of the management board of the Agency on the manner of collecting, processing and keeping personal data. By concluding the Contract, the Client accepts that the Agency may use the personal data of the Client/Traveller for marketing purposes (e.g. sending of information, promotions, newsletters). The Client and the Traveller may at any time withdraw their consent for the use of personal data for marketing purposes by sending an e-mail request to the Agency at mira@private-tours-croatia.com. By concluding the Contract, the Client confirms that the Client has read and fully accepts the Privacy Policy which is at all times available at the Agency’s website: https://www.private-tours-croatia.com/privacy-policy

FINAL PROVISIONS

Pursuant to Article 21 of ZPUT, the general information about the Agency are available at the Agency’s website https://www.private-tours-croatia.com/general-information.The competent authority for the supervision of the business operations of the Agency and the central contract point for administrative cooperation pursuant to the provisions of ZPUT is the Ministry of Tourism of the Republic of Croatia Prisavlje 14, 10 000 Zagreb, e-mail: pravni@mint.hr, tel: + 385 1 6169 243. The Parties shall try to resolve all potential disputes amicably, and if this is not possible, the competent court shall be in Split, Croatia. The governing law shall be Croatian law. These GTC exclude all previous general terms and conditions of the Agency and shall enter into force 07-09-2018.

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