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

GENERAL PROVISIONS

These General Terms and Conditions of the travel agency Private Tours Croatia d.o.o. (the “GTC”) represent a constituent part of the Package Travel Contract (the “Contract”) entered into between the Agency as a travel organizer on one side and the Client on the other side. These GTC apply only to the packages in which the Agency is the organizer, and these GTC do not apply in case that the Agency is acting as an agent and/or selling the services of other tourist agencies. In the latter case, the responsible travel organizer will be indicated in the Contract and the general terms and conditions of that organizer will be applied, which the Agency shall make available to the Client. In case of any discrepancy between the provisions of the Contract and/or the Itinerary and this GTC, the provisions of the Contract i.e. the Itinerary shall prevail. In case of any discrepancy between provisions of the Contract and the Itinerary, the provisions of the Contract shall prevail.

DEFINITIONS AND INTERPRETATION

In addition to the capitalized terms defined elsewhere in the Contract and these GTC, the capitalized terms in the GTC shall have the following meaning:

“Agency” means PRIVATE TOURS CROATIA d.o.o. a travel agency with the seat of office at the address Bihaćka 2/A, 21000 Split, Croatia, registered in the court register of the Commercial Court in Split under MBS: 081088315, OIB: 52336583894;

GDPR” means the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016);

Client” means the person who wishes to enter into or has entered into the Contract with the Agency for his/her own benefit and/or for the benefit of one or more Travellers;

Ministry” means the Ministry of the Republic of Croatia competent for tourism;

Booking Fee” means a fee which the Client, who accepts the conclusion of the Contract, is required to pay to the Agency for the services of processing the Client's booking inquiry and creating the Itinerary tailored to the Client's requirements and wishes provided by the Agency to the Client before concluding the Contract. Unless otherwise stated in the Contract, the Booking Fee is 10% of the total amount that the Client is required to pay to the Agency under the Contract. The Booking Fee does not represent a part of the price of the package that is the subject of the Contract, and is fully non-refundable, even in cases where the Client would be entitled to a refund of any part of the package price in accordance with these GTC or applicable regulations.

Itinerary” means a document which forms a constituent part of the Contract, and which contains pre-contractual information from Article 29 par. 1 items a), b), c), d), e) and f) of the ZPUT;

Traveller” means every person entitled to travel under the concluded Contract;

Reasons for which the Agency is not responsible” means the following reasons for which the Agency is exempted from liability for damages to the Traveller: (i) the non-compliance may be attributed to the Traveller; (ii) the non-compliance may be attributed to a third party not related to the provision of travel services covered by the package travel contract and the non-compliance is unforeseeable or unavoidable, or (iii) the non-compliance has occurred due to unavoidable extraordinary circumstances;

ZPUT” means the Act on the Provision of Tourism Services (Official Gazette 130/2017, 25/2019, 98/2019, 42/2020), as may be amended from time to time.

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 the Contract as a whole, and not to any particular provision of the 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 used in these GTC and the Contract shall be 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 ZPUT.

BOOKING AND CONCLUSION OF CONTRACT

The Client delivers to the Agency the booking inquiry and application 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 Itinerary.

To confirm the booking, the Client is required to pay to the Agency the entire amount of the Booking Fee, and the advance payment of 20% (twenty-percent) of the total amount that the Client is required to pay to the Agency under the Contract, unless other amount of the advance payment is specified in the Contract. The Client will make a payment of the Booking Fee and the advance payment on the basis of a written proposal of the Contract delivered by the Agency to the Client, which will specify the deadline by which the advance payment and the Booking Fee must be paid. The Contract is deemed concluded and enters into force on the day when the Agency has received the full amount of the Booking Fee and the advance payment specified in the Contract. If the Client does not make payment of the Booking Fee and the advance payment within the deadline specified in the proposal of the Contract, it will be deemed that the Client has cancelled the booking application and has not accepted the said Contract proposal, and the said Contract proposal is considered invalid by the expiry of that deadline.

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 the delivery of the Contract (including these GTC and the Itinerary) in PDF form in the attachment of the Agency’s e-mail as 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.

The paid advance payment is included in the price of the package. Unless otherwise stated in the Contract, the remainder to the total price of the package has to be paid no later than 30 (thirty) days before the start of the package, and the exact date of expiry of deadline for the payment of the remaining amount will be specified in the Contract. If the remaining amount of the package price is not paid within the agreed deadline, it is considered that the Client has cancelled the Contract and the Client is required to pay to the Agency the agreed fee for termination of the Contract. Upon completion of all services included in the contracted package, the Agency will issue the final invoice to the Client.

TRANSFER OF THE CONTRACT TO ANOTHER TRAVELLER

Prior to the start of the package, the Client may transfer the Contract to another Traveller who meets all the conditions applicable to that Contract, of which the Client is required to notify the Agency in writing no later than 7 days before the start of the package. The Client and the Traveller to whom the Contract has been 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 of the Contract on which the Agency has notified the Client and the Traveller and delivered to them a proof of their occurrence.

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 i.e. another Traveller making the payment. The Agency may grant the Client a discount for a certain manner of payment, of which the Agency will inform the Client before initiating payment. 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. The Client is informed that there may be differences between the above stated applicable exchange rate and the exchange rate in other countries, and the Client irrevocably accepts the above stated applicable exchange rate. Credit/debit card payments cannot be revoked.

SUPPORTED CREDIT CARDS
VisaMaster CardMaestroAmex
CUSTOMER PROTECTION
wspayverified by visamastercard secure codeamex guaranteedamex jamstvo

PRICE AND CONTENT OF THE PACKAGE

The price of the package is stated in the Contract and includes services which the Agency stated in the Itinerary. 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 no later than 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 the 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 the Travellers for any service included in the agreed price of the package that the Client/Traveller did not use by his/her decision or fault.

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 the 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 the same must be left by 10:00 on the day of the end of use of the service, and individual arrival into accommodation objects after 20:00 must be notified to the Agency in writing at least 24 hours in advance.

PRICE INCREASE BY THE AGENCY

If the Contract provides the right of the Agency to unilaterally increase the price of package after the conclusion of the Contract, the Agency may unilaterally increase the agreed price no later than 20 days before the start of the package in any of the following cases:

a) change of the price of transport of the Travellers or other power sources resulting from the costs of fuel or other power, but only provided that the Contract explicitly states the amount or portion of the price of the Traveller’s transport in the price of the package;

b) 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), but only provided that the Contract explicitly states the amount or portion of such taxes or fees in the price of the package; or

c) change of the exchange rates applicable on the package, but only provided that the Contract states the amount of services related to the certain currency or their portion in the price of the package.

In case of such unilateral increase of price of the package, the Agency shall unilaterally increase the price for the full amount of the change of the relevant parameter from above items a), b) and/or c), and shall notify the Client in writing with an explanation of the increase and calculation. The Client and the Travellers accept such unilateral increase of the agreed price if it amounts to (and including) 8% of the total agreed price of the package. If the said increase of the price of package exceeds 8% of the total agreed price of the package, the Client may cancel the trip and terminate the Contract without the payment of the Contract termination fee. 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.

If the Contract provides the right of the Agency to unilaterally increase the price of package after the conclusion of the Contract pursuant to the above stated provisions of these GTC, then the Client shall be entitled under same conditions to deduction of the price corresponding to deduction of the relevant parameters from items a), b) and/or c). In case of such unilateral deduction of the price by the Client, the Agency shall be entitled to deduct the actually incurred administrative costs from the amount of reimbursement due to the Client, and shall, at the Client's request, provide to the Client a proof for these administrative costs.

AMENDMENTS AND TERMINATION OF THE CONTRACT BY THE CLIENT

After the conclusion of the Contract, and prior to the start of package, the Client may unilaterally withdraw from the trip, i.e. unilaterally 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 standard Contract termination fee in the amount to be determined according to the date on which the Agency received the Client’s written termination notice, as follows: (i) in the amount of 1/2 (one half) of the paid advance payment if the Agency has received the termination notice 70 or more days before the start of the package, (ii) in the amount of full amount of the paid advance payment 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 65% 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 80% 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 Agency shall be entitled to charge the Client a termination fee 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 or Traveller, bad weather conditions, etc.) except in case where the Client is entitled to terminate the Contract due to material breach of the Contract by the Agency. In case of any cancellation or shortening of the trip by the Client (including due to bad weather conditions), the above standard termination fees also apply.

As an exception to the preceding provisions, in case of the Client's termination due to 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 obliged to pay the above Contract termination fee, (ii) the Client is entitled to the refund of all payments made to the Agency on behalf of the price of the package, (iii) the Client is not entitled to claim any damages. As an exception to the preceding sentence, if the Contract cannot be performed due to 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, resulting from the special circumstances caused by the COVID-19 epidemic, the provisions of the ZPUT shall apply.

For the avoidance of doubt, regardless of the cause of termination of the Contract, the Client is in no case entitled to a refund of the Booking Fee, as the Booking Fee does not represent a part of the package price, but a fee for services already provided by the Agency to the Client before concluding the Contract.

If the Client and/or any Traveller has directly or via the Agency acting as an agent contracted with the insurance company trip cancellation insurance, such insurance is not subject of the Contract and is not included in the amounts to be paid by the Client to the Agency under the Contract. Such Client/Traveller is entitled to a refund of the compensation paid by the insurance company exclusively under the terms of the insurance policy. All terms and deadlines of refund of the funds paid on behalf of the compensation are directly agreed between the insurance company and the Client, and the Agency does not bear any responsibility for any non-recognition or complaint that the insurance company makes to the Client/Traveller at his request for payment under said insurance policy, even if said insurance has been contracted between the Client/Traveller and the insurer via the Agency acting as an agent.

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 wholly accepts the itinerary and the terms of the trip of such third-party responsible organizer.

Unless explicitly provided otherwise in the Itinerary, the Agency will provide the contracted services in Croatian and English.

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.

If any of the Travellers is a minor travelling unaccompanied by a parent or other authorised person within a package which includes accommodation, the direct contact with the minor or the person responsible for the minor at the minor's place of residence may be made via the Agency's contact point specified in the Contract.

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 excludes any liability of the Agency in case of any of the Reasons for which the Agency is not responsible. For all possible damages for which the Agency would be liable, except for damages resulting from body injury or damage caused by the Agency intentionally or negligently, the maximum amount of damages is limited to three times of the total price of the package. If international conventions binding on the European Union or legal regulations based on them limit the scope of damages to be paid by the travel service provider that is a part of the package or limit the terms under which he is required to compensate such damage, in such case assumptions, limitations and exclusions apply to the Agency in an appropriate manner and the Agency may refer to it in relation to the Client and the Traveller. Damages or reduction of the price to which the Client is entitled to in accordance with these GTC, ZPUT and applicable international conventions and regulations shall be deducted from each other.

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 with the Contract (including with 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 Contract and is obligated to make all payments provided in the Contract for all Travellers, (iv) that the payments of the advance payment 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.

Whenever these GTC or the Contract provide that the Client gives a statement, guarantee, waiver or undertakes an obligation, it shall be deemed that he does it in his own name and on behalf of each of the Travellers. Whenever these GTC or the Contract provide that the Traveller makes any statement, guarantee, waiver or undertakes any obligation, it shall be deemed that the Traveller does it in his own name and on behalf of the Client.

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 agreed amount of the Contract termination fee. 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, 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 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.

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). The Traveller shall comply with the rules of the accommodation units regarding the time of entering and leaving the rooms, apartments, cabins, etc. If the Traveller breaches the security, peace or comfort of other Travellers or third persons in any way or threatens and/or hinders a regular carrying on of the trip pursuant to the Itinerary, in addition to the right for damages, the Agency is entitled to terminate the trip for the said Traveller and continue the trip pursuant to the Itinerary without that Traveller. If that Traveller is a minor, the Client shall ensure the return of the Traveller home at his/her own cost.

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 Travellers and third persons, and any actions which might harm the Agency’s reputation.

Before concluding the Contract, the Client shall notify the Agency on all facts related to the health, habits, etc. of each Traveller which could endanger the trip (including the fact that the Traveller due to health or other reasons requests particular types of food, has chronic illnesses, allergies, etc.). If the Itinerary provides special travel rules (such as, for example, mandatory vaccination and obtainment of certain documents), the Traveller shall comply with such rules.

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 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 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.

In case of breach of the obligation from the Contract and applicable laws, the Client and the Traveller shall be liable for any damage sustained by any Traveller, the Agency, any service provider included in the package or any third person, and shall indemnify the Agency against all claims on that ground. The Client is jointly and severally liable with the Traveller for the obligations of the Traveller from the preceding sentence. 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), and the Agency shall not refund any paid amounts, and shall not bear any costs or damages resulting from the termination of the trip.

COMPLAINTS

The Client and/or the Traveller shall without undue delay and taking into account the circumstances, notify the Agency via the contact point of the Agency specified in the Contract of any non-compliance found during the performance of the travel service covered by the Contract. At the request of the Client or the Traveller, the Agency shall correct such non-compliance, unless this is not possible or if the elimination of the non-compliance would cause disproportionate costs taking into account the extent of non-compliance and the value of travel services affected by the non-compliance. If the Agency does not remedy the non-compliance for the reasons stated in the preceding sentence, the Client is entitled to a price deduction, and in addition to that, to compensation unless the same is the consequence of the Reasons for which the Agency is not responsible. If the Agency, upon the complaint of the Client or the Traveller, eliminates the observed non-compliance, and the Traveller accepts and uses such service, the Traveller waives any further complaints, rights and claims on these grounds.

If the non-compliance is not resolved 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 specified in these GTC. 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 such 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 initiate any court, arbitration, administrative or any other proceedings, as well as to make any statements or announcements in the media or via the Internet. The maximum amount of price deduction 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/allianz.pdf. Potential insurances contracted by the Client with the insurer via the Agency acting as an agent is not the subject of this Agreement and are not included in the amounts to be paid by the Client to the Agency under this Contract.

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

After concluding the Agreement, and before the start of the package, the Agency may unilaterally change the terms of the Contract by delivering a written notice to the Client, provided that such change is insignificant, i.e. that it does not significantly change any of the main features of travel services, does not reduce the level of quality or value of the package, or does not cause significant inconvenience or additional costs for the Traveller. If the Agency is forced to significantly change any of the main features of travel services after concluding the Contract and before the start of the package, or is unable to meet the contracted special requirements of the Traveller specified in the Contract, it must notify the Client in writing without any delay. The said notice will include a description of the proposed changes to the Contract and potential replacement package that the Agency may offer to the Client. Unless otherwise specified in such written notice of the Agency, if within 3 days of receipt of the said notice of the Agency the Client does not notify the Agency in writing that he accepts the amended Contract or offered replacement package, the Contract shall be deemed to be terminated and the Agency shall without delay and no later than within 14 days, return to the Client/Travellers the part of the price paid so far. If the changes to the Contract result in a package deal of lower quality or price, the Client is entitled to an appropriate price reduction.

The Agency may terminate the Contract and fully refund to the Client/Travellers all payments received for the package, without any obligation to compensate damages and any 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 provided that the Agency 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 06-12-2020 with the insurance company UNIQA osiguranje d.d., Planinska 13A, 10000 Zagreb, Croatia, OIB: 75665455333, which provides 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 45-7002790487. In case of occurrence of the insured event the Client/Traveller must in the most expeditious manner contact the said insurance company UNIQA osiguranje d.d, Claims Management Department, by e-mail at Uniqa.STETE@uniqa.hr, or by telephone on the number 01/6324-200.

Pursuant to ZPUT, the Agency entered into the Insurance Agreement on 06-12-2020 with the insurance company UNIQA osiguranje d.d., Planinska 13A, 10000 Zagreb, Croatia, OIB: 75665455333, which provides liability insurance for damage caused by the Agency to the traveller by the non-fulfilment, partial fulfilment or undue fulfilment of its obligations from the Contract, under the insurance policy number 11-7002790572. In case of occurrence of the insured event the Client/Traveller must in the most expeditious manner contact the said insurance company UNIQA osiguranje d.d, Claims Management Department, by e-mail at Uniqa.STETE@uniqa.hr, or by telephone on the number 01/6324-200.

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 to the Agency voluntarily. Personal data of the Client and the Traveller is needed in the process of realization of the contracted package and will be used for further communication, contracting and the performance of services included in the package. The Agency shall process, use and keep personal data of the Client and the Traveller in compliance with applicable laws, including GDPR, and shall not export it out of the country or provide it to third persons, except to suppliers and partners participating in the realization of the contracted package. Personal data of the Client and the Travellers shall be kept in the database, pursuant to the decision of the Agency on the manner of collecting, processing and keeping personal data. Provided that the Client/Traveller has given his/her consent to do so, the Agency may use the personal data of the Client/Traveller for marketing purposes (e.g. sending of information, promotions, newsletters). The Client and every 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. The Agency's privacy policy is available on the Agency's website: https://www.private-tours-croatia.com/privacypolicy. By concluding the Contract, the Client confirms that he has read the said policy, that the Client has informed all Travellers about them, and that the Client and the Travellers fully understand and accept the said policy.

FINAL PROVISIONS

The delivery of a notice between the Parties in accordance with the Contract shall be deemed to have been validly made in writing if it is sent by e-mail to the last e-mail address notified by one Party to the other in writing. The Client is solely responsible for the accuracy of the e-mail address for sending the notification of which the Client has notified the Agency, and is obliged to notify the Agency in writing without delay of any change in the data for sending the notification.

General information about the Agency is available at the Agency’s website: https://www.private-tours-croatia.com/legal. The central contract point for administrative cooperation pursuant to the provisions of ZPUT is the Ministry, Prisavlje 14, 10 000 Zagreb, e-mail: pravni@mint.hr, tel: + 385 1 6169 243. The competent authority for supervision of the business operations of the Agency is State Inspector’s Office, Tourist Inspection, Šubićeva 29, 10000 Zagreb, e-mail: turisticka.inspekcija@dirh.hr, tel: + 385 1 2375 100.

The Parties shall try to resolve all potential disputes related to the Contract (including its performance and termination) amicably, and if this is not possible, the competent court shall be in Split, Croatia. The governing law shall be Croatian law (excluding its provisions on conflict of laws that would refer to the application of foreign law). Pursuant to ZPUT, the Client may submit a request for resolving the dispute before the body from the list of notified bodies for alternative resolution of consumer disputes, pursuant to the provisions of a special act governing alternative resolution of consumer disputes. Information on currently notified bodies for alternative dispute resolution for consumer disputes is available on the website of the Ministry Economy, Entrepreneurship and Crafts: http://potrosac.mingo.hr/hr/potrosac/clanak.php?id=12645. For services purchased online, an online consumer dispute resolution platform is available at the link: https://ec.europa.eu/consumers/odr/main/indeks.cfm?event=main.adr.show.

Should any provision of Contract or these GTC be or become invalid or unenforceable, or should the Contract contain an unintended contractual gap, then the validity or enforceability of the remainder of the Contract shall not be affected. Any such invalid or unenforceable provision shall be deemed replaced by, or any gap deemed to be filled with, an appropriate provision, which, in accordance with the economic purpose and object of that provision and/or Contract, and as far as legally permissible, shall come closest to the Parties’ original intention.

These GTC exclude any previously issued general terms and conditions of the Agency on package travel, and shall enter into force on the date of its publication on the Agency's website, i.e. on 6th of July, 2020 The Agency reserves the right to change these GTC at any time by publishing the amended text of the GTC on the Agency's website, which enters into force on the day of publication.

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