General terms and conditions
Travel contract and general conditions and directives for travel arrangements
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1. Subject Matter of the Contract
The subject matter of this Contract is the regulation of the mutual relations of the travel organizer – the travel agency Viatica Travel d.o.o. (hereinafter VIATICA TRAVEL) and the TRAVELER i.e. the travel contractor in the case where the travel contractor concludes this contract in behalf of a third party (hereinafter TRAVELER).
This Travel Contract contains General Conditions and Directives for Travel Arrangements, i.e. it refers to the travel program that contains all necessary data. The Contract is considered binding upon signing by an employee of the agency (an employee of the VIATICA TRAVEL agency or any other person authorized for the sales of VIATICA TRAVEL’s travel arrangements) and by the traveler and upon total payment of the travel arrangement or a portion of the payment if payment of the remaining amount by the agreed date is indisputably insured by the traveler.
If the traveler is not able to personally sign the Contract, the Contract assumes legal effect only when VIATICA TRAVEL receives the entire agreed amount of the cost of the travel arrangement or if such is specifically agreed upon, a portion of the agreed payment and documentation that indisputably insures the payment of the remaining portion of payment by the agreed date. The traveler may register for a voyage in all branch offices of VIATICA TRAVEL as well as other authorized agencies in person, by telephone, Internet or other means of remote communication.
When concluding a Contract, the traveler is obliged to provide personal data and duly provide all documentation necessary of the organization of the voyage. The traveler guarantees that VIATICA TRAVEL has been provided with correct and valid data necessary for the undisturbed realization of the voyage and accepts all legal obligations deriving from this Contract and from legal regulations.
2. Reservations and payment
In order to confirm a reservation, upon registration the traveler pays 20% of the price of the travel arrangement (if the program does not state otherwise). The remaining cost of the arrangement is paid no later than 21 days before the beginning of the trip or documentation guaranteeing the indisputable payment of the total cost of the travel arrangement is provided. If the traveler does not execute his obligations no later than 21 days before the beginning of the trip, the reservation will be considered cancelled without the possibility of refunding any advanced payments.
For all reservations including reservations “upon request” (when at the moment of registering the traveler, capacity for an individual arrangement for a specific trip in unavailable, where VIATICA TRAVEL is able to ensure additional space) VIATICA TRAVEL charges a reservation fee in the amount of 75 HRK (per contract). In the event that less than 21 days remain before the departure of a trip, for such an “upon request” reservation, an adequate part of the arrangement price is paid according to the conditions set forth in Article 8 of this contract.
Such a requested “upon request” reservation is processed by VIATICA TRAVEL within two business days (Saturday is not considered a business day) and the traveler is notified thereof orally or in writing. If VIATICA TRAVEL does not notify the traveler of the executed or is not able to ensure the reservation of a requested arrangement within the stated term, the full paid amount will be refunded to the traveler in its entirety. If the traveler does not accept the requested reservation, which has been confirmed by VIATICA TRAVEL, the payment fees, including the reservation fees, are not refunded.
For reservation confirmation with the “Fortuna system” or with “Last minute” offers, the TRAVELER is required to immediately pay the entire cost of the arrangement or ensure the indisputable payment of the entire cost of the arrangement.
Currency Conversion Statement
All payments will be made in Croatian kuna. The amount for which your credit card will be debited is obtained through the conversion of the price from the euro to the Croatian kuna according to the valid Croatian National Bank’s exchange rate list. When charging with your credit card, the same amount is converted into your local currency according to the valid card list of the card association. As a result of converting the price, there is a possibility of a small difference in the amount compared to the original price displayed on our website.
The prices of trips are advertised in the traveling program and are valid from the day of advertising the program. The package tour prices do not include a reservation fee additionally charged in the amount of 75 HRK (per contract) upon reservation. Prices stated in VIATICA TRAVEL’ programs are based on contracts with our partners and do not have to conform with prices advertised at the traveler’s destination and an eventual price difference cannot be subject to complaint.
The travel organizer may anticipate that a traveler executes payment on the spot of a specific service that will be utilized abroad in the currency of the country where he is to be situated. For services that are paid for on the spot, the traveler submits eventual disputes directly to the executor of the services.
VIATICA TRAVEL can request for an increase of the agreed upon price a maximum of 21 days before the beginning of the trip if, after the contract was closed, there was a change in the currency rates or an increase of the costs of transport. This includes the costs of fuel or an increase of a fee for certain services (in airports and other ports and alike) which influences the price of the trip, where there was no way it could have been known of beforehand. In that case, the price of the arrangement will be increased reciprocally to the increase of the prices of the calculative elements on the base on which the price is formed.
The passenger is obligated to accept the increase of the agreed upon price up to 10%. If there is an increase in the price which is greater than 10%, the passenger has the right to cancel the arrangement but is obligated to inform VIATICA TRAVEL of this within 2 work days from the received notification. In case the arrangement is canceled, the traveler does not have the right for compensation. If the traveler does not deliver his cancellation to VIATICA TRAVEL in written form within the stated time period, it will be assumed that he agrees with the price change.
4. Categorization and description of services
The offered hotels, pensions or any other facilities on VIATICA TRAVEL’s programs are described according to the official categorization of the respective countries at the moment of the program’s issuance. May we point out that local categorization in individual countries differs greatly. Accommodation, food, comfort and other services are under surveillance by local and national tourist authorities, and accommodation and service standards are different and cannot be compared. VIATICA TRAVEL shall not assume responsibility for any oral or written information that is not in accordance with the description of services and facilities in VIATICA TRAVEL ‘s programs valid for stated voyages, which may have been supplied by VIATICA TRAVEL ‘s employees or any other third person.
The accommodation arrangement in rooms or pensions is determined locally by the reception desk. If the traveler had not specifically arranged a room/pension with certain characteristics, he will accept any officially registered and available room/pension in each individual facility or destination described in the travel program. Accommodation is not possible before 16:00 on the day initiating the utilization of the services, and the same shall be vacated by 10:00 on the day completing the utilization of the services, if not differently stated in the travel program. For later arrivals in accommodation facilities (after 20:00), it is necessary to inform VIATICA TRAVEL of such beforehand, no later that one day before voyage departure, if such a later arrival had not been foreseen in the travel program.
5. Travel documents, respecting regulations
A traveler that registers for a foreign voyage must possess valid travel documents. During registration or by the deadline stated in the program, the traveler shall provide VIATICA TRAVEL with all essential data and documents necessary to obtain a visa for the country of travel. VIATICA TRAVEL does not guarantee the obtainment of visas. If the traveler does not fulfill the stated obligations or the request for the obtainment of the visa is rejected, it shall be considered that the traveler has terminated the voyage.
The traveler shall respect customs, currency and other regulations. If the traveler cannot continue his journey due to lack of conformity to regulations, he solely bears all incurred costs and consequences of the same. If the traveler loses travel documents or finds the same stolen during the duration of the voyage, he is obliged to insure new documents at his own cost. The traveler is obliged to secure that he personally, his documents and luggage fulfill conditions prescribed by visa, boarder, customs, health and other regulations of the Republic of Croatia as well as of countries to which will be traveled. The traveler is obliged to comply with rules of conduct in catering and hotel facilities and to cooperate with the representative of the travel organization and service providers in good faith. In the event of non-compliance of the stated obligations, the traveler is responsible for the incurred damage, and VIATICA TRAVEL assumes no responsibility for such damage. In such a case, the amount of damage shall be settled by the traveler to the owner of the facility (hotel, pension, etc.) at the reception desk.
During the signing of the contract, the VIATICA TRAVEL employee will inform the traveler of the information sources of the country in which the traveler is traveling including the opinion of the Ministry of Foreign Affairs of the Republic of Croatia. We recommend that each traveler informs themselves by visiting the website www.mvp.hr and examines the list of high- and moderate-risk countries according to the opinion of the MFA of Croatia.
For all travelers who are not citizens of Croatia and do not possess Croatian travel documentation, we recommend that before payment of the travel arrangement, the traveler should personally inquire about the country of travel and conditions that are necessary to fulfill for travel to that country, taking into account the differences in provisions that are valid for citizens of particular countries. VIATICA TRAVEL may refer the traveler to an information source but do not in any way assume responsibility for consequences that may result for the traveler due to irreverence of such provisions.
Invalid travel documents, i.e. unapproved visas that as a consequence call for the termination of travel, in no regard constrain VIATICA TRAVEL and conditions for the termination of travel shall be implemented. VIATICA TRAVEL declines all responsibility for damages that may result due to irreverence of provisions of particular countries or those that may produce invalid travel documents.
6. Travel Insurance
Pursuant to the Law on Providing Services in Tourism, agency employees are obliged to offer the traveler a travel insurance “package” which is comprised of: voluntary health insurance during their stay abroad, accident insurance, luggage insurance and travel termination insurance. By signing the contract, the traveler confirms that a travel insurance package has been offered. In the event that the traveler requests the mentioned insurance, it may be directly concluded with any insurance provider or with VIATICA TRAVEL, where VIATICA TRAVEL acts only as an intermediary.
By signing the contract it shall be considered that travelers have been offered and recommended the insurance stated in the previous paragraph.
7. Travel termination insurance
If during travel registration, the traveler foresees that he may terminate his voyage due to specific situations, we recommend the payment of a policy of travel termination insurance. Termination insurance cannot be paid retrospectively, only during the process of travel registration.
Termination insurance shall be applied in the following situations only, with the obligatory written confirmation: military draft, illness, death of an immediate family member. If the traveler does not possess a travel termination policy and must terminate his voyage and has a confirmation of military draft, illness or death, VIATICA TRAVEL reserves the right of disbursement in accordance with regulations stated in Article 8 of this Contract. Upon termination of a travel arrangement, the expenses of visa obtainment are not disbursed even if the traveler has a termination insurance policy. With the payment of a termination insurance policy, the traveler transmits all his claims onto the insurance provider of the termination insurance policy in possession, and VIATICA TRAVEL shall be obliged to insure all necessary documentation for the traveler for actualizing the claims of the traveler toward the insurance provider, and which pertains to the travel arrangement. All termination conditions are stated in the insurance policy and we recommend that each traveler read them carefully.
8. Termination of voyage by the traveler
If the traveler terminates a paid travel arrangement, VIATICA TRAVEL retains the following amounts of the total cost of the travel arrangement (if the program does not state otherwise):
European voyages, vacations, ski trips, exotic voyages, foreign language courses
up to 30 days before departure 10% of the travel arrangement price, no less than 100 HRK
29-22 days before departure 30% of the travel arrangement price
21-15 days before departure 40% of the travel arrangement price
14-8 days before departure 80% of the travel arrangement price
7-0 days before and after departure 100% of the travel arrangement price
Cruises, villas rent
up to 46 days before departure 10% of the travel arrangement price
45-31 days before departure 25% of the travel arrangement price
30-16 days before departure 50 of the travel arrangement price
15-8 days before departure 80% of the travel arrangement price
7-0 days before and after departure 100% of the travel arrangement price
The stated expenses apply to changes in departure dates or accommodation facilities as well as for all other significant changes. VIATICA TRAVEL charges actual substitution expenses if the traveler – contractee terminates the travel contract, and finds another client for the same reservation that satisfies all conditions for consuming the stated travel arrangement.
If the traveler has not paid the remaining amount or insured the undisputable payment of the travel arrangement 21 days before the travel departure, VIATICA TRAVEL shall consider that the traveler has terminated the reservation, without the possibility of disbursement of the settled advance payment for the travel arrangement.
9. Iteration of travel by VIATICA TRAVEL or change of travel program
If VIATICA TRAVEL significantly changes the program, accommodations or costs before the beginning of the voyage, they are obliged to immediately inform the traveler thereof in written form. The traveler may either accept or refuse the amended program within 2 business days of receipt of VIATICA TRAVEL’s notification. In the event of refusal or a failure to respond to the offer, VIATICA TRAVEL shall be obliged to refund the paid expenses to the traveler within 7 business days. In the event of acceptance, the substitute travel arrangement that VIATICA TRAVEL had offered shall be considered the new travel contract, where the traveler resigns the right to all claims towards VIATICA TRAVEL from any legal basis that derived from the initial contract.
If VIATICA TRAVEL had not offered the greater part of the contracted services or if they estimate that they will not be in the situation to insure the implementation of the greater part of the contracted services after the commencement of the voyage, VIATICA TRAVEL may on their burden, with the compliance the traveler, execute changes in the program for the continuation of the voyage and as necessary compensate the traveler for the price difference between the contacted and actual services offered. With written consent of the traveler, VIATICA TRAVEL may substitute the unexecuted portion of services with another service, where the traveler resigns the right to seek claims from VIATICA TRAVEL for such a mutually contracted and amended portion of the voyage in regards to the concluded travel contract.
If VIATICA TRAVELS was not able to amend the travel program in an adequate manner or if a traveler does not accept the changes due to justified reasons, VIATICA TRAVEL will enable the return of the traveler to the departure point or to another location at their own cost, it the traveler agrees with such, and reimburse any eventual damage the traveler sustained in doing so. Damage is paid as the portion of the costs of the unused portion of the contracted program, which is based on the complaint of the traveler. VIATICA TRAVEL will resolve the complaint in the manner as stated in point 10 of this contract. The largest amount of compensation may be the cost of the contracted travel arrangement.
VIATICA TRAVEL is authorized to completely or partially terminate the contract by a unilateral statement, without the obligation of damage compensation to the traveler, in the event of external uncommon and unpredictable circumstances that could not have been prevented, avoided or eliminated, and if they were to exist at the time of concluding the contract for organizing the voyage, would have been a justified reason for VIATICA TRAVEL to not conclude the contract. In such a case, the traveler has the right to reimbursement of the paid amount in its entirety i.e. the difference in the cost between the contracted and offered services.
VIATICA TRAVEL reserves the right to cancel voyages, no later than 5 days before the beginning of the voyage, if the voyage was cancelled by the travel organizer for which VIATICA TRAVEL was an intermediary for the sales of the mentioned travel arrangement or if the minimum number of travelers necessary for the realization of a travel arrangement stated on each individual travel program did not register for a specific voyage or for any other justified reason.
VIATICA TRAVEL reserves the right to change the date or hour of travel due to changes in flight schedules or due to the occurrence of unforeseeable circumstances, as well as the right to change the direction of travel if the conditions of travel change (flight schedule change, security situation in a specific country, natural disasters or other situations where VIATICA TRAVEL has no influence), without damage compensation, and in accordance with valid regulations in domestic and international traffic.
VIATICA TRAVEL shall not be held responsible for changes due to unforeseeable circumstances and force majeure during the voyage. In that case, services in respect to the given situation can be insured. VIATICA TRAVEL shall not be held liable for eventual printing errors of programs in the context of brochures/catalogs as well as for erroneous inputs of data by the operator of VIATICA TRAVEL’s websites.
10. Trips organized by other organizers/tour operators
For all travel arrangements where VIATICA TRAVEL is the principal organizer, these General Conditions apply except in the event where VIATICA TRAVEL is a mediator i.e. is not the principal tour organizer. Such travel arrangements will be specially designated and general conditions of the responsible organizer shall apply thereto. VIATICA TRAVEL shall not be held accountable for the implementation of tourist travel arrangements of other organizers. With the execution of the contract, the TRAVELER accepts the program and the travel conditions in their entirety.
11. Resolution of complaints
The traveler has the right to submit a complaint due to the unfulfilled agreed upon service. The traveler is obligated to issue a written complaint to VIATICA TRAVEL within 8 days after the finalization of the trip. Complaints issued after the deadline of 8 days will not be taken into consideration. We emphasize that it is in the best interest of the traveler to perform in good will and to show good will in solving the complaint during the trip and to submit his written complaint to the service provider on the spot (front desk, transport operator, caterer or travel agency in the destination) and to seek a written confirmation from the service provider that they received the complaint. Every traveler – contract carrier, issues a complaint individually.
VIATICA TRAVEL will not take group complaints into consideration. VIATICA TRAVEL is obligated to issue a written solution for the complaint within 15 days after receiving the complaint and this is to be done in the way the complaint was received (e-mail, mail or personal deliver where it will be responded to through a written package with a return receipt). VIATICA TRAVEL will solve only those complaints where the traveler submits evidence that he has submitted a complaint to the service provider on the spot and that the cause could not be removed on the spot. If through the fault of VIATICA TRAVEL the program or a part of the service was unfulfilled, the traveler has the right to compensation to the height of the real value of the unused service and this cannot include already used services as well as the entire amount of the arrangement.
In case of last minute contracts OR contracts where the TRAVELLER finds out the accommodation title upon arrival at the destination (promotions like fortune, roulette, no name, ace, jocker…) the TRAVELLER will accept all inherent risks. Such journeys involve unpredictable conditions (Force Majeure) which VIATICA TRAVEL cannot control in any way. What is more, the traveler has opted for this kind of arrangement due to special price, therefore any responsibility for claims arising from this arrangement will be waived by VIATICA TRAVEL.
In case of disputes related to online sales and service contracts, a consumer can file a complaint or submit his dispute through an interactive platform created to resolving disputes online, accessible via the following link: http://ec.europa.eu/consumers/odr/
Until VIATICA TRAVEL delivers a decision, the traveler shall abandon mediation of any other person, court establishments or providing information to the media.
12. Health regulations
The traveler is obliged to notify VIATICA TRAVEL of all facts in regards to his health, habits, etc. that may jeopardize the progress of the voyage (if due to health or other reasons, a specific type of food is necessary, if chronically ill, if allergies are present, etc.). In some programs, special travel rules are stated, which include mandatory vaccinations and the acquisition of pertinent documentation. The traveler shall be obliged to execute mandatory vaccinations as well as be in possession of confirmation and documents thereof. We recommend obtaining a health insurance policy.
The transport of luggage of a specific weight is free of charge. For air transportation, the traveler pays for luggage excess in accordance to valid regulations and transporter’s prices. Children up to 2 years of age do not have the right to free luggage transport. VIATICA TRAVEL does not assume responsibility for lost or damaged luggage. Claims for lost luggage are directed to the transportation provider or hotel. For air transportation, the airline is exclusively responsible for luggage, based on regulations that are valid concerning air traffic. In the event of loss of luggage, the traveler fills out a PIR form of the airline that executed the transport and delivers the said form to the representative of the airline, and keeps one copy. Based on the filled out form, the airline pays compensation pursuant to regulations that are valid for domestic and international passenger air traffic.
In the event of the loss of luggage inside the hotel, the traveler sends a claim to the hotel where the luggage was lost. We recommend obtaining a luggage insurance policy.
14. Liability insurance
In accordance with the Act on the Provision of Tourism Services, VIATICA TRAVEL has concluded with the insurance company Wiener osiguranje Vienna Insurance Group d.d. (joint stock company), a Liability Insurance Contract for damages caused to a passenger by failure to meet obligations or by partially or inconsistently meeting obligations, number 1322-00046041.
The employees of the agency shall inform the PASSENGER of the content of the valid Liability Insurance Contract for damages caused by VIATICA TRAVEL to the PASSENGER by failure to meet obligations or by partially or inconsistently meeting obligations in relation to the package holiday, and by signing the Travel Contract the Passenger shall confirm to have been informed of the content of the stated Insurance Contract.
15. Protection of personal data
All data gathered by the Agency regarding packages will be stored for 6month period in purpose of realizing the request and any related questions. Viatica Travel Agency will not be distributing the information gathered without consent of the traveler. The traveler has right of the information of source, corrections, deletion, restraint, transfer of information and its recall and redelivering according to the laws. If the traveler believes his data handling was violating the legislation he can plead to the authorized body legislative body in the Republic of Croatia.
Notification received by the traveler at the registration location does not oblige the organizer to a greater degree than the notifications and information stated in the travel program itself.
17. Final provisions
These conditions and directives for travel exclude all current conditions and directives for travel. General conditions and directives for travel are an integral part of the contract concluded between the traveler and VIATICA TRAVEL or an authorized tourist agency where the traveler registered for a voyage organized by VIATICA TRAVEL. The parties agree that all eventual disputable situations shall be settled by agreement. In the contrary, in the event of a dispute the legally amenable court is the Court of Zagreb, where Croatian legislation shall be used.
Viatica Travel LTD, Tour Operator, Brestovec Orehovički 36b, 49221 Bedekovčina
Brestovec Orehovički, 31.3.2020.