General Terms and Contracting of Package Tour Arrangements
The General Terms for the provision of tourism travel services as a package tour arrangement are regulated by mutual relations between the tourist agency Globtour Event d.o.o. from Zagreb, its registered offices at Trg N. Š. Zrinskog 1, NIN: 93712633315 (hereinafter the Agency) and the tourist who acquires rights pertinent to the Package Tour Arrangement Contract (hereinafter the Tourist) or the person contracting the tour arrangement on behalf of the tourist (hereinafter the Buyer or Tourist). All provisions of these General Terms are binding on both parties.
Registration for reservations or queries. Regardless of whether it is a pre-arranged package organised by the agency Globtour Event or a personalised package arrangement, the Tourist may send his or her registration or query via the contact form available on the website, by electronic means, in writing by some other means, or in person at the office. At the time of registration, the Tourist must provide truthful data. If any part of the data is false or inaccurate, the Agency shall not be held responsible for the truthfulness and accuracy of the data and retains the right to change prices.
Precontractual information. The Agency shall provide relevant precontractual information to the Tourist as follows: main features of the travel arrangement included in the package (destination, itinerary, period of stay, number of overnight stays, data regarding transport, location and characteristics of the accommodation, meals, excursions, visits, language in which services will be provided, whether and to what extent it is appropriate for persons with diminished mobility), company name and address of the organiser (if the Agency acts as the vendor) with data of the telephone number and e-mail address, price of the package arrangement, including taxes, information on additional payments, fees and other costs, payment terms, the minimum number of persons required to proceed with the package arrangement, general information on the terms of the country of destination in connection with passports and visas, and information regarding health-related formalities of the country of destination, information by which the Tourist may terminate the contract at any time subject to a reasonable cancellation payment, and travel insurance packages. Precontractual information is part of the Package Tour Arrangement Contract. The Agency shall notify the Tourist of any changes to precontractual information in a manner which is clear and easy to understand.
Reservations, concluding the contract, and payments. Any queries and reservations shall be received as described in “Registration for reservations and queries”. At the moment a reservation is made, the Tourist confirms that he or she is aware of these General Terms of package tour arrangements and concludes the Package Tour Arrangement Contract. The reservation is regarded as valid only when the buyer makes the payment, unless otherwise provided for in the contract. Any other type of reservation confirmation is not considered to be valid. Unless otherwise provided for in the contract, to make a reservation it is necessary to make a payment equal to 30% of the total price of the arrangement, with the remainder to be paid at the latest 21 days before the commencement of the service. If the commencement of the service is to begin within 21 days or less, the buyer shall pay 100% of the price of the arrangement. Payments can be made to the account of the Agency, by credit card or in any other manner stipulated in the contract. If the buyer does not perform his or her obligation as stated in the contract, or if these General Terms of the contract have not been concluded, he or she shall be considered to have withdrawn his or her registration without the possibility of a refund of the advanced payment.
Business partners of the Agency—end service providers. Accommodation and other hospitality facilities, means of transport, and other end service providers are described in line with the official categorisation of the relevant tourism organisation at the time of publication of the programme or information. The standards of the aforementioned services in individual locations and countries are different and not comparable. Information that the Tourist receives in other locations do not bind the Agency to an extent greater than the information published on the website of the Agency or some other medium or printed material provided by the Agency. If special accommodation in a particular facility is not expressly agreed between the Agency and the Tourist, the Tourist shall accept any officially registered accommodation unit within the facility. The Agency shall make an attempt to fulfil such additional requests, but does not guarantee its fulfilment.
Price of package arrangements. The price of the arrangement includes all services encompassed by the arrangement, including taxes, charges, fees, and other costs. The price of the arrangement does not relate to special services that are not encompassed by the content of the arrangement and that the Tourist contracts separately, i.e., pays as a separate service. Special services should be requested at the time of registration, they are to be paid on top of the price of the service, and are included in the final calculation. Optional services are those provided by the Agency, which are not related to the booked accommodation unit. The prices stated in the quote of the Agency are based on the contract and business relations with partners who are end service providers and do not have to correspond to the prices published at some other place or on site, and the Agency shall not bear the cost of any differences in the price or accept complaints based on such differences. The Agency may plan that the buyer pays for certain services to be used on site. In terms of services agreed on site, the buyer must submit any complaints directly and exclusively to the service provider. The price of the arrangement is expressed in Croatian Kuna if the buyer is a domestic physical person or legal entity.
Changes to prices and other terms by the organiser. The Agency may increase the agreed price before the beginning of the package arrangement by up to 10% of the agreed price if the increase is a direct consequence of an increase in the price of tourist transport, taxes or charges (tourism taxes, fees and charges) and foreign currency exchanges applicable to the package arrangement. The Agency retains the right to change the time of departure or return if the flight timetable changes or in case of unforeseeable circumstances as well as the right to change the route (change of flight timetable, security situation at the destination, weather conditions) in line with the valid legislation in international air traffic. Before the package arrangement begins, the Tourist may transfer the Package Tour Arrangement Contract to another person who fulfils all the terms applicable to the contract, except in the case of an air ticket that is not transferable under the rules of the air carrier and the International Air Transport Association (IATA). In such cases, the Agency may offer a new air ticket reservation, depending on availability, and the price of the new reservation may differ from the initial one. All differences, charges, fees and other costs arising from the transfer of the travel contract are to be borne jointly by the party transferring the arrangement and the party receiving it.
Extraordinary circumstances. The Agency undertakes to provide services set out in the contract to the Tourist, except in the case of extraordinary circumstances (war, riots, strikes, acts of terrorism, natural disasters, sanitary disturbances, interventions by competent authorities, etc.). The Agency may propose an alternative offer or cancel the booked facilities in part or in full if before or during the arrangement extraordinary circumstances should arise that cannot be avoided or remedied, and which would have been, had they occurred during the publication and sale of the programme, the Agency for justifiable reasons would not have organised the package arrangement concerned. If the Tourist pays for reservations that the Agency is not able to fulfil and the Agency is able to offer an alternative solution, the change may be carried out exclusively subject to the Tourist’s approval. The alternative option must be of the same or higher quality than the quality of the agreed accommodation.
Termination of the contract by the organiser. The Agency may terminate the Package Tour Arrangement Contract and refund all payments received without compensation for damages to the Tourist if the number of persons registered for the package arrangement is less than the number stated in the contract at the latest:
- 20 days before the commencement of the package arrangement for travel over six days in duration,
- 7 days before the commencement of the package arrangement for travel from two to six days in duration,
- 48 hours before the commencement of the package arrangement for travel under two days in duration.
The Agency may terminate the Package Tour Arrangement Contract and refund all payments received without compensation for damages to the Tourist in case of extraordinary circumstances that could not have been avoided. The Agency must in such cases refund the payments received at the latest 14 days from the date on which the contract is terminated.
The right of the Tourist to termination of contract. The Tourist may terminate the Package Tour Arrangement Contract in writing at any time before the commencement of the package arrangement, in which case the organiser may request a cancellation fee to be paid by the Tourist. The cancelation fee is calculated on the basis of the cancellation scale set out in the Package Tour Arrangement Contract and is based on the period between the moment of termination of the contract and the commencement of the package arrangement in addition to the costs expected to arise from the obligations of the organiser towards the end service providers.
Travel insurance. The Agency is obligated to provide a travel insurance quote to the buyer with regards to the consequences of an accident or sickness, damage and loss of luggage, voluntary health insurance during the trip and time spent abroad, insurance in case of cancellations and insurance covering the costs of assistance and return of the Tourist to the place of departure in the case of an accident and sickness, as well as to provide information on the contents of such insurance and the general terms of the insurance contract. By signing the contract, the buyer confirms that he or she received an insurance quote and he or she may either purchase it at the Agency or choose to reject it in written form.
Trip cancellation insurance. The Agency is obligated (as part of the travel insurance package) to make a trip cancellation insurance quote to the Tourist. The Tourist does not have to purchase the policy, but he or she must notify the Agency in writing accordingly. Trip cancellation insurance may be paid exclusively at the time of the first tranche, not later. Trip cancellation insurance applies only in the case of sickness, death of a close family member and military conscription, subject to a duly confirmed certificate. Following payment of the insurance policy, the Tourist transfers all of his or her claims to the insurance company whose insurance policy he or she holds, and the Agency undertakes to send all documents required for its realisation to the Tourist. The terms are specified in detail in the insurance policy and the Tourist should read them carefully.
Travel documents and the obligation to comply with legislation. The Agency undertakes to provide the Tourist with all information regarding documents required for travel abroad, while the Tourist must hold valid travel documents and is obligated to submit them to the Agency within the time limits specified in the Package Tour Arrangement Contract. The Agency does not guarantee that the visa for entry into the point of destination will be obtained. The Tourist must comply with customs and foreign exchange legislation at the point of destination. If the Tourist loses his or her documents after the signing of the Package Tour Arrangement Contract or during the trip, the Tourist shall bear all costs arising from such circumstances. The Tourist shall fulfil all requirements set out in visa, customs, border, health and other legislation. The Tourist must conform with the house rules in facilities in which he or she is staying and, in good faith, co-operate with service providers and the representative of the organiser or the tour leader. In the event of non-conformity with such obligations, the Tourist shall be held liable for damages in full. The Agency recommends that all Tourists should look out for additional information on the website of the Ministry of Foreign Affairs and be aware of the list of moderate or high risk states. Invalid travel documents or unapproved visas resulting in the inability to travel are the responsibility of the Tourist, whereupon the agreed travel cancellation scale applies.
Health legislation. Travel to certain countries requires compulsory vaccination against certain diseases. The Agency is obligated to inform the Tourist regarding such obligations and the Tourist is obligated to be in the possession of valid vaccination documents and certificates.
Luggage. The prices and terms for the transport of luggage by air are set by the air carrier, and the Agency is obligated to notify the Tourist about the details and terms of such transport.
Responsibility for mistakes at the time of reservation. The Agency is responsible for all mistakes arising from technical defects in the reservation system attributable to the Agency, while the Tourist is responsible for all mistakes attributable to the Tourist (e.g., incorrect name and surname or some other information). The Agency is not responsible for mistakes at the time of reservation arising from extraordinary circumstances that could not be avoided. The Tourist is entitled to free transport of luggage up to a certain quantity or weight as set out in the rules and tariffs of the carrier. The Tourist undertakes to notify the Agency timely with regard to the type and quantity of luggage, especially in the case of non-standard luggage or transport of animals. The Agency shall make its best efforts to fulfil the request, but cannot guarantee a positive outcome. The Tourist is obligated to take care of his or her luggage and personal effects and valuables during the trip. If the luggage is lost, the Tourist is advised to address the carrier or hotel, i.e., service provider. During air transport, loss of luggage is the sole responsibility of the air carrier in line with international rules applicable in air transport. In the case of lost luggage in air transport, the Tourist must fill out the form provided by the air carrier, keeping one copy for themselves.
Rectifying non-conformity with the contract in the realisation of the travel package arrangement. The organiser is responsible for the performance of travel services covered by the Package Tour Arrangement Contract. The Tourist must notify the organiser without any delay if any of the services are not performed in accordance with the contract. The organiser is obligated to rectify non-conformity with the contract, unless this is impossible or if such rectification would result in disproportionate costs. If the organiser does not rectify non-conformity with the contract, the Tourist is entitled to a reduced price and compensation for damages. The Tourist is entitled to compensation for damages (irrespective of the reduced price), unless the organiser proves that non-conformity with the contract can be attributed to the Tourist or to a third party, and that it was unforeseeable and unavoidable or that non-conformity with the contract occurred in view of extraordinary circumstances that could not be avoided. Provisions of the Package Tour Arrangement Contract that limit, in advance, the amount of compensation for damages not caused by the organiser deliberately or by misconduct are valid. If international conventions binding the European Union or legislation based on such conventions limit the scope of compensation for damages that the service provider must pay or restrict conditions under which the service provider must provide such compensation, in such cases the same presumptions apply to the organiser and the organiser may refer to them in its relations with the Tourist.
Resolving complaints. If the Tourist wishes to file a complaint concerning the performance of a service, it is in the interest of the Tourist to do so immediately to the end service provider so that the mistake might be corrected or the service improved. If there is no improvement, i.e., if the agreed service is not performed, the Tourist may file a written complaint to the Agency within 8 days after the end of the trip, i.e., after the last agreed service from the package arrangement is performed. The complaint may be filed only in writing (by electronic means, post, fax or by hand). It is advisable that the Tourist attaches all evidence concerning the attempt to resolve the problem with the end service provider at the time of filing the complaint. The Agency must respond to the complaint in writing within 15 days from the moment it receives the complaint. If the Agency acts as the seller, it shall forward the complaint to the organiser without delay.
Insurance against liability for damage. The Agency has concluded an insurance contract with an insurer against liability for damage caused to the Tourist by non-performance, partial performance or irregular performance of the obligations relating to the package arrangement. Data on the insurer: Croatia osiguranje d.d., NIN 26187994862, Vatroslava Jagića 33, 10000 Zagreb, insurance policy number: 078644021585. By signing the Package Tour Arrangement Contract, the Tourist confirms that he or she is aware of its content and of the possibility of exercising his or her right to compensation for damages.
Collateral in case of insolvency. The Agency has insured collateral in case of insolvency for all package arrangements with the following insurance company Croatia osiguranje d.d., OIB 26187994862, Vatroslava Jagića 33, 10000 Zagreb, insurance policy number: 298640000022, such that the Tourist may receive a refund for payments made by or on behalf of the Tourist in connection with a Package Tour Arrangement Contract for services that were not performed or will not be performed or that will be performed only in part as the result of insolvency or bankruptcy of the organiser.
Protection of personal data. Access and distribution of personal data may be required for the performance of services. The Agency undertakes to act according to the principles of confidentiality and integrity of data in order to ensure that data is processed in accordance with the contract as well as protected during processing and movement. The Agency shall act in a manner so as to ensure the safe collection and processing of personal data as well as being in conformity with law in case of abuse of data, with a clear framework of responsibility and supervision of procedures for collecting, depositing, processing and transmitting data further. The Agency shall use personal data collected in the implementation of the contract carefully, comply with the applicable rules, and use such data only for the purpose of the performance of its obligations. The Agency undertakes to safeguard data that is considered to be confidential according to the contract concluded with either a physical person or legal entity and shall not disclose them to unauthorised persons. The Agency undertakes to take all measures necessary and possible to ensure protection of confidential data, i.e., to prevent their disclosure to unauthorised persons. The obligation to maintain confidentiality of data shall remain in force indefinitely, therefore even after business relations end or after all services pertaining to the contract are performed.
Final provisions. These terms and instructions for travel exclude all previous terms and instructions for travel. The General Terms and instructions for travelling form part of the contract between the Tourist and the Agency or the general agreement for the organisation of business travel.
The parties undertake that any disputes shall be resolved amicably. If this is not possible, in case of a dispute they agree on the jurisdiction of the court in Zagreb and that Croatian law prevails.
In Zagreb, 20 April 2018