Travel contract and general conditions and directives for travel arrangements
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 M.B. TRAVEL, tourist agency and traveller transport (hereinafter M.B. TRAVEL) and the TRAVELER i.e. the travel contractor in the case where the travel contractor concludes this contract on behalf of a third party (hereinafter: traveller). 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 the owner of the agency and by the traveller 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 traveller. If the traveller is not able to personally sign the Contract, the Contract assumes legal effect only when M.B. TRAVELreceives the entire agreed amount of the cost of the travel arrangement or if it 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 traveller may register for a voyage by telephone, Internet or other means of remote communication. When concluding a Contract, the traveller is obliged to provide personal data and duly provide all documentation necessary of the organization of the voyage. The traveller guarantees that M.B. 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, the traveller pays 50% 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 traveller 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.
The prices of voyages are calculated upon the traveller’s request and are valid from the day when the traveller accepts the price for the program. The travel organizer may anticipate that a traveller 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 traveller submits eventual disputes directly to the executor of the services.
M.B. TRAVEL can request for an increase of the agreed upon price in a maximum of 21 days before the beginning of the voyage 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 of which the price has been 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 higher than 10%, the passenger has the right to cancel the arrangement, but is obligated to inform M.B. TRAVEL of this within 2 work days from the received notification. In case the arrangement is cancelled, the traveller does not have the right for compensation. If the traveller does not deliver his cancellation to M.B. 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 M.B. 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, leisure and other services are under surveillance by local and national tourist authorities, and accommodation and service standards are different and cannot be compared. M.B. TRAVEL shall not assume responsibility for any oral or written information that is not in accordance with the description of services and facilities in M.B. TRAVEL‘s programs valid for stated voyages,
which may have been supplied by any third person. The accommodation arrangement in rooms or pensions is determined locally by the reception desk. If the traveller 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.
5. Travel documents, respecting regulations
A traveller that registers for a foreign voyage must possess valid travel documents. During registration or by the deadline stated in the program, the traveller shall provide M.B. TRAVEL with all essential data and documents.
The traveller shall respect customs, currency and other regulations. If the traveller cannot continue his journey due to a lack of conformity to regulations, he solely bears all incurred costs and consequences of the same. If the traveller 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 traveller is obliged to secure that he personally, his documents and luggage fulfilconditions prescribed by visa, boarder, customs, health and other regulations of the Republic of Croatia. The traveller 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 traveller is responsible for the incurred damage, and M.B. TRAVEL assumes no responsibility for such damage. In such a case, the amount of damage shall be settled by the traveller to the owner of the facility (hotel, pension, etc.) at the reception desk.
Invalid travel documents, that as a consequence call for the termination of travel, in no regard constrain M.B. TRAVEL and so conditions for the termination of travel shall be implemented.
6. Travel Insurance
Pursuant to the Act on the Provision of Tourism Services, M.B. TRAVEL is obliged to offer the traveller a travel insurance “package” which comprises: voluntary health insurance during their stay in Croatia, accident insurance, luggage insurance and travel termination insurance. By signing the contract, the traveller confirms that a travel insurance package has been offered. In the event that the traveller requests the mentioned insurance, it may be directly concluded with any insurance provider or with M.B. TRAVEL, where M.B. TRAVEL acts only as an intermediary.
By signing the contract it shall be considered that travellers have been offered and recommended the insurance stated in the previous paragraph.
7. Travel termination insurance
If during travel registration, the traveller 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, but 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 traveller does not possess a travel termination policy and must terminate his voyage and has a confirmation of military draft, illness or death, M.B. TRAVEL keepsthe right of disbursement in accordance with regulations stated in Article 8 of this Contract. With the payment of a termination insurance policy, the traveller transmits all his claims onto the insurance provider of the termination insurance policy in possession, and M.B. TRAVEL shall be obliged to insure all necessary documentation for the traveller to actualize the claims of the traveller toward the insurance provider. All termination conditions are stated in the insurance policy and we recommend each traveller to read them carefully.
8. Termination of voyage by the traveller
If the traveller terminates a paid travel arrangement, M.B. TRAVEL retains the following amounts of the total cost of the travel arrangement (if the program does not state otherwise):
– 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
The stated expenses apply to changes in departure dates or accommodation facilities as well as for all other significant changes. M.B. TRAVEL charges actual substitution expenses if the traveller – 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 traveller has not paid the remaining amount or insured the undisputable payment of the travel arrangement 21 days before the travel departure, M.B. TRAVEL shall consider that the traveller has terminated the reservation, without the possibility of disbursement of the settled advance payment for the travel arrangement.
9. Cancellation done by M.B. TRAVEL or change of travel program
If M.B. TRAVEL significantly changes the program, accommodations or costs before the beginning of the voyage, they are obliged to immediately inform the traveller thereof in written form. The traveller may either accept or refuse the amended program within 2 business days of the receipt of M.B. TRAVEL‘s notification. In the event of refusal or a failure to respond to the offer, M.B. TRAVEL shall be obliged to refund the paid expenses to the traveller within 7 business days. In the event of acceptance, the substitute travel arrangement that M.B. TRAVELhad offered shall be considered the new travel contract, where the traveller resigns the right to all claims towards M.B. TRAVEL from any legal basis that derived from the initial contract.
If M.B. 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, M.B. TRAVEL may on their burden, with the compliance of the traveller, execute changes in the program for the continuation of the voyage and as necessary compensate the traveller for the price difference between the contacted and actual services offered. With written consent of the traveller, M.B. TRAVEL may substitute the unexecuted portion of services with another service, where the traveller resigns the right to seek claims from M.B. TRAVEL for such a mutually contracted and amended portion of the voyage in regards to the concluded travel contract.
If M.B. TRAVEL was not able to amend the travel program in an adequate manner or if a traveller does not accept the changes due to justified reasons, M.B. TRAVEL will enable the return of the traveller to the departure point or to another location at their own cost, if the traveller agrees with such, and reimburse any possible damage the traveller 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 traveller. M.B. TRAVEL will solve the complaint in the manner as stated in item10 of this contract. The largest amount of compensation may be the cost of the contracted travel arrangement.
M.B. TRAVEL is authorized to completely or partially terminate the contract by a unilateral statement, without the obligation of damage compensation to the traveller, 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 KOMPAS to not conclude the contract. In such a case, the traveller 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.
M.B. TRAVEL keeps 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 M.B. TRAVEL was an intermediary for the sales of the mentioned travel arrangement or if the minimum number of travellers 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.
M.B. TRAVEL keeps the right to change the date or hour of travel due to 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 M.B. TRAVEL has no influence), without damage compensation, and in accordance with valid regulations in domestic and international traffic.
M.B. 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. M.B. TRAVEL shall not be held liable for possible printing errors of programs in the context of brochures/catalogues as well as for erroneous inputs of data by the operator of M.B. TRAVEL’s websites.
10. Trips organized by other organizers/tour operators
For all travel arrangements where M.B. TRAVEL is the principal organizer, these General Conditions apply except in the event where M.B. 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. M.B. TRAVEL shall not be held accountable for the implementation of tourist travel arrangements of other organizers. With the execution of the contract, the traveller accepts the program and the travel conditions in their entirety.
11. Resolution of complaints
The traveller has the right to submit a complaint due to the unfulfilled agreed upon service. The traveller is obligated to submit a written complaint to M.B. TRAVEL within 8 days after the finalization of the voyage. 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 traveller 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 tourist guide) and to seek a written confirmation from the service provider about the receipt of the complaint. Every traveller – contract carrier, issues a complaint individually. M.B. TRAVEL will not take group complaints into consideration. M.B. 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 delivery where it will be responded to through a written package with a return receipt). M.B. TRAVEL will solve only those complaints where the traveller 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 due the fault of M.B. TRAVEL the program or a part of the service was unfulfilled, the traveller 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 disputes related to online sales and service contracts, a consumer can file a complaint or submit his claim on email@example.com
Until M.B. TRAVEL delivers a decision, the traveller shall abandon mediation of any other person or court as well as avoid providing information to the media.
12. Health regulations
The traveller is obliged to notify M.B. 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.). We recommend obtaining a health insurance policy.
The transport of luggage of a specific weight is free of charge. For air transportation, the traveller 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. M.B. 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 traveller 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 traveller sends a claim to the hotel where the luggage was lost. We recommend obtaining a luggage insurance policy.
14. Insurance in the event of payment incapability or bankruptcy of the travel organizer
In accordance with the Act on the Provision of Tourism Services, M.B. TRAVEL has concluded with the Insurer a Contract on Insurance in Case of Insolvency or Bankruptcy of the Travel Organiser, in the event the travel service was not performed, that is for the return of the Traveller to the place of departure. In case of occurrence of the insured event, the Traveller should contact the Insurer as soon as possible: Jadransko osiguranje d.d., Listopadska 2, 10000 Zagreb, Pula branch phone: 052/530 600
15. Liability insurance
In accordance with the Act on the Provision of Tourism Services, M.B. TRAVEL has concluded with the insurance company Jadransko osiguranje d.d. Zagreb (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: OV 0686004280. The agency shall inform the traveller of the content of the valid Liability Insurance Contract for damages caused by M.B. TRAVEL to the traveller 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.
16. Protection of personal data
The traveller voluntarily renders personal data. Personal data of the traveller are necessary in the realization process of contracted travel arrangements and shall be used for further communication. M.B. TRAVEL obliges that personal data of the traveller will not leave the country except for the purpose of realizing contracted travel arrangements. An exception to providing personal data to third persons applies to concluding a travel insurance policy, i.e. if the traveller concludes an insurance policy, his data will then be forwarded to an insurance provider. The traveller’s personal data will be stored in a database, in accordance with the Decision concerning methods of collection, processing and protecting personal data. The traveller agrees that his personal information can be used for the purpose of realizing the agreed upon arrangement and for the marketing events by M.B. TRAVEL.
Notification received by the traveller at the registration location does not oblige the organizer to a greater degree than the notifications and information stated in the travel program itself.
18. Final provisions
The General conditions and directives for travel are an integral part of the contract concluded between the traveller and M.B. TRAVEL. The parties agree that all eventual disputable situations shall be settled by peaceful agreement. In the event of a dispute the legally amenable court is the Court of Pula, where Croatian legislation shall be used.
M.B. TRAVEL Vitezićeva 52, 52100 Pula, OIB: 06680380585, ID code: HR-AB-52-97571067
In Pula on 25 April 2016