Terms & Conditions
1. GENERAL CONDITIONS
These general conditions and terms form an integral part of the Contract or voucher of the program stipulated between AD ASTERA doo, Međimurska 1, Zagreb, Croatia (in the text: the agency) and the travel buyer (in the text: the passenger). All data and conditions on these Terms & Conditions bind the agency and the passenger unless otherwise specified in this Agreement. Agency provides the service indicated in the program according to the information announced, the description and the period corresponding to the confirmed reservation, except in cases of force majeure.
2. RESERVATIONS AND PAYMENT
Pre – bookings and program bookings will be received by e – mail, by mail or at agency partner agencies.
During the booking, the passenger certifies that he / she has read and agrees with the text of these Terms and General Conditions. In this way, all that is mentioned in the General Conditions becomes the legal obligation for the passenger and the agency. The passenger is obliged to give all the information that the booking process requires. All reservations involve the payment of deposit according to the terms of payment chosen and the balance is to be paid in full at least 30 days before the departure of program, unless otherwise stated (an exception represents the payment in terms) whose passenger certifies to have read during the contract / registration form and confirmation of the reservation.
Non-compliance with the term of payment of deposit or balance implies the cancellation of the trip.
3. PRICE
The program price includes services as described for each program and the period of the reservation. Other services are those that are not included in the program price (described in the description as “Not included in the price”), so the passenger pays it separately, directly to the service provider.
Prices are quoted in EUR. The agency reserves the right to change the displayed prices (in the case of the change of the price of the service provider’s coast or in the case of the modification of the exchange rate, but at most 8%). The agency is obliged to inform the passenger. The contracting parties agree that the agency retains the right to increase the price max. 20 days before the start of the program if the change in the program price is applied to the service provider side for which the agency was unable to know or to a change in the exchange rate after confirmation of the booking. The passenger reserves the right to cancel the reservation. In this case, the passenger has the right to refund the amount paid (no later than 14 days after the cancellation of the reservation) without the right to indemnity.
4. DESCRIPTION OF SERVICES
The service provider is responsible for the descriptions and information of the programs according to the actual state when it is advertised. The standards of accommodation, food, services can vary between different countries and different regions and cannot be compared. All advertised programs meet the requirements of the Register of Laws relating to their technical condition or safety equipment. The service provider is entitled – in the interest of passenger insurance – in case of force majeure, for example damage or engine failure, to change the direction of navigation and stop in the nearest port and / or embark on another boat.
5. RIGHT TO MODIFICATIONS BY THE AGENCY
The agency reserves the right to modify reservations in case of force majeure (see article 4) which cannot be foreseen or prevented. A reserved program may be changed by another only if the passenger was previously informed and with a program of the same category or higher category for the same price agreed when the reservation was confirmed. If the exchange is possible only by the program of higher category and for a price higher than 15% of the price paid, the agency reserves the right to ask the passenger the price difference.
In the case where no exchange of the paid program is possible, the agency retains the right to cancel the reservation, after having informed the passenger at least 20 days before the start of the program; in this case the agency guarantees the full refund of the amount paid (at the latest 14 days after the cancellation the reservation).
6. RIGHTS OF MODIFICATION AND CANCELLATION BY THE PASSENGER
If the passenger wishes to change the booking, he must do so in writing (by sending an e-mail, by letter send in the post office or fax). The modification includes the change of number of persons or the names of the persons or the change of dates of beginning / end of stay, latest 30 days before the beginning of program.
The change after the period mentioned above, if this change is possible, will be treated as the cancellation of the reservation according to the cancellation conditions quoted below with the momentary introduction of a new reservation. This is not valid for the reservations that have minimal costs. The first change, if it does not involve additional charges, will be made free of charge.
Any other modification will result in a passenger fee of a minimum fixed amount of € 15 per change. If the change is not possible and the passenger decides for this reason to cancel the confirmed reservation, the cancellation conditions listed below will apply. The program change is possible on request only 30 days before the start of the trip. The reservation modification fee is 5% of the price of the program.
In case of cancellation, the day of cancellation will be considered on the day of receipt of the written cancellation. The cancellation fees for confirmed program bookings are calculated according to the following schedule:
- for a cancellation 30 days or more before the date of consumption the fees reach 30% of the program price
- for a cancellation between 29 and 20 days before the date of consumption, the fees reach 50% of the program price
- for a cancellation between 19 and 8 days before the date of consumption, the fees reach 75% of the program price
- for a cancellation of 8 days or less before the date of consumption, the fees reach 100% of the program price
- for a cancellation after departure or no consumption, the charges charged reach 100% of the total program price
If the passenger does not come at the agreed time to start the program, without having previously notified the agency or the service provider, this reservation is considered cancelled, the costs of cancellation are calculated according to the grid above.
If the passenger who cancels his reservation finds a replacement for the same reservation, the agency reserves the right to request the payment of the actual costs incurred as a result of this change. The new passenger accepts all the obligations of these Terms and Conditions. If the passenger has not used certain services offered to him because he has stopped his trip before the end of the program for unforeseen reasons, he is not entitled to a partial refund of the resources paid.
The agency advises the regulation of the travel insurance package (see article 13).
The agency has the right to apply different cancellation conditions for certain trips (eg. boat bookings or for bookings that have minimal costs). The different cancellation conditions must be written on contract / registration form and the travel confirmation (Special Cancellation Conditions). At the time of the 1st down payment, the passenger accepts the special cancellation conditions indicated on the confirmation of the trip.
7. AGENCY OBLIGATION
The agency may cancel the program if the minimum number of passengers has not reserved the program, but only if the agency has mentioned the minimum number of passengers for the reserved program and if he has informed passengers in real time trip cancellation. The organizer is obliged to inform the passenger of the cancellation at least 20 days before the start of the program. If the travel organizer does not have the minimum number of passengers before this deadline, he / she must inform the passenger and refund the total amount at the latest 14 days after the cancellation of the reservation. The passenger can accept an alternative trip if the agency offers this possibility.
8. OBLIGATION OF THE PASSENGER
The passenger is obliged:
- to have valid travel documents
- to respect the rules of customs and currency of the country of the destination
- to respect the rules of night / daytime noise and the rules of the service providers
- the passenger is obliged to check whether he needs a visa to enter the country of destination or neighbouring countries
If the passenger does not respect these obligations, he will be held financially and civilly responsible for any deterioration. By confirming the reservation, the passenger agrees to pay the service provider on-site for any damage he has caused to the provider.
9. LUGGAGE
Baggage transport by plane is free for the weight announced by the airline. The excess luggage the passenger pays according to the price of the airline company. Children do not have the right to free luggage transport, despite their age. During transport by bus, the passenger has the right to have 2 pieces of luggage.
The passenger is obliged to take care of his luggage himself. The responsibility of agency and service provider cannot be retained for damaged or lost luggage, or for theft of luggage or values. We advise to pay the insurance package with included luggage insurance). By making payment for part of the booking, the passenger confirms the reservation and accepts these Terms and Conditions by rejecting all claims for such losses and / or damages from the agency or service provider side. The theft or loss of baggage must be reported to the service provider and the police.
10. COMPLAINTS
In the case that the services offered are not carried out or they are partially carried out, each passenger has the right to request in writing repairs to the extent of the damage suffered. Each passenger – the one, who signs the reservation, has to make this request individually.
The procedure of the application:
The day of his arrival, the passenger is obliged to claim to eh service provider, if not satisfied, the service and to inform the office of Ad Astera d.o.o in Zagreb by e-mail to the address info@travel-to-croatia.com or phone number 00 385 989005354.
The passenger is obliged to cooperate in good faith with the service provider in order to eliminate the causes of the problems. If the passenger does not accept the proposed on-site resolution that corresponds to the benefit paid, the agency will not respond to subsequent requests for compensation (if the appropriate alternative exists, the passenger is obliged to accept it). The agency does not accept relative claims with contents that are not part of the trip (work in the street, the cleanliness of the beach, the condition of neighbouring buildings, climate conditions, noise and similar.
If even after the agency intervention problems are not resolved, no later than 8 days after the end of the program, the passenger is obliged to send an e-mail to the info@travel-to-croatia.com or letter to AD ASTERA doo, Međimurska 1, 10000 Zagreb, with the request of the refund and to provide all documents and photographs proving the validity of this request. The agency will only respond to complete requests received within 8 days. If the passenger does not claim the program on site, he cannot realize the refund.
The agency has to give a resolution to this problem in writing within 14 days after receipt of the request. The agency will only respond to requests that could not have been resolved on site during the stay.
The passenger has not the right to contact a third party, the Association of Croatian Travel Agencies, the Tribunal or to inform the media before the agency has proposed a solution to the problem.
The maximum of indemnity can reach the amount of the claimed part of the services and cannot contain the services already used. The agency cannot be responsible for the conditions of the climate, the cleanliness and the temperature of the sea, of to many tourists in destinations and all similar situations and events that can cause passenger dissatisfaction and do not directly affect the quality of the reserved program.
11. INSURANCE FOR THE IMPOSSIBILITY OF PAYMENT AND THE INSOLVENCY OF THE TRAVEL AGENCY
In accordance with the law of tourism, in case of impossibility of payment or insolvency of the agency, the passenger and other persons who have made the payment of the deposit for the trip must as soon as possible contact the Insurance Company indicating the number of the insurance sent from the agency.
Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC : http://data.europa.eu/eli/dir/2015/2302/oj
12. LIABILITY INSURANCE
In accordance with the laws of tourism, the travel agency, Ad Astera d.o.o., has the insurance guaranteeing the pecuniary consequences of its professional liability. It covers the consequences of the partial or total non-fulfilment of package-related benefits or consequences. The number of the insurance policy: 1322-00051209(Wiener osiguranje, Wienna Insurance Group d.d., Slovenska ulica 24, 10000 Zagreb, tel. 0800 25 80, e-mail: kontakt@wiener.hr)
13. TRAVEL INSURANCE
The “package” of travel insurance is not included in the price: the insurance of the risk of accident and illness during the trip, the insurance of the destruction or loss of the luggage and the medical insurance. If the passenger has these assurances, he is obliged, before departure, to communicate to our agency the details of the insurance company and the number of the insurance policy.
14. PERSONAL INFORMATION PROTECTION
Passenger voluntarily gives personal information. This information is important in the process of performing the requested service and reservation. The agency is obliged not to communicate the personal information of the passenger outside the country or to a third person, except for the purpose of performing the requested service. An exception to give this information to a third person is sending the information about the cancellation or accident and sickness or destruction or loss of luggage to the insurance company. If the passenger takes out the insurance policy, the personal information will be sent to the insurance company. Personal information of passengers will be kept in the database, in accordance with the decision of the Directorate of collection, processing and custody of personal information. By accepting these Terms and Conditions the Passenger gives permission to use his personal information for the purpose of agency marketing.
15. REDUCTIONS
In the case of several special offers, discounts cannot be added
16. NOTE
At the time of payment of the program reservation, the passenger accepts all the terms of the General Conditions. These General Conditions and Terms void all other general conditions and instructions of previously composed journeys.
17. JURISDICTION OF THE TRIBUNAL
If the passenger or the agency is not satisfied by the resolution of the prejudice they can contact the court. The passenger and the agency will do everything possible to resolve all disputes of this contract between them. On the contrary, the competent court is the Court in Zagreb according to the law of the Republic of Croatia.
Zagreb, 01.01.2018.
/ The headquarters of the company (the address) modified on 20/12/12 /