General Terms and Conditions for excursions and activities Ninedas obrt za turizam, usluge i trgovinu
These General Terms and Conditions regulate the relations between
Business Name: Ninedas – Obrt za Turizam, Usluge i Trgovinu
Address: Kustošijanska 314b, 10000 Zagreb, Croatia
Registration Number (MB): 97927465
Phone: +385 99 884 5719
E mail: info@croatiaonpalm.com
as an excursion organizer or authorized intermediary (hereinafter: Ninedas obrt za turizam, usluge i trgovinu) and traveler. i.e. customer in case where the customer enters into a contract for the benefit of a third party as a traveler (hereinafter: Traveler). Excursion means a combination of at least two individual services for the same travel or holiday, consisting of transport or other tourist and catering services, and lasts for less than 24 hours and does not include overnight stays.
Contracting, Paying and Excursion Price
Upon payment of the price of the excursion or part of the price (if the contract so stated), while providing the necessary information to Ninedas obrt za turizam, usluge i trgovinu by e-mail, fax, mail or via the Internet, the Traveler agrees with the Ninedas obrt za turizam, usluge i trgovinu Excursion Agreement made by the Confirmation of Purchase (invoice and/or voucher), the excursion program and the General Terms and Conditions for excursions with the acceptance of the terms contained in the mentioned documents.
The contents of the excursion, ie the cost of the excursion, includes all that is stated in the excursion program in the “inclusions” section. Special services are services that are not included in the price of the excursion and hence the Traveler specifically pays. For special services that Ninedas obrt za turizam, usluge i trgovinucannot provide and include in the Agreement and / or those requested by the Traveler during the excursion and Traveler pays on the spot at the immediate service provider, Ninedas obrt za turizam, usluge i trgovinu is not responsible as excursion organizer regardless of the assistance of the tour leader/ tourist guide guide/ representative of Ninedas obrt za turizam, usluge i trgovinu to provide the Traveler with the provision of these services and information on the pricing of these services. For Services Paying on the Site the Traveler submits any objection directly to the Service Provider.
Ninedas obrt za turizam, usluge i trgovinu reserves the right to change the price no later than 14 days before the start of the excursion if there are any changes in the applicable tax regulations, currency exchange rate changes, increased transportation costs, including fuel costs or increased fees for certain services (in air and other ports) that affect the price of the excursion.
In the case of a price increase,Ninedas obrt za turizam, usluge i trgovinu may propose a change of price or cancel the excursion with a refund to the buyer who paid the excursion price. The Traveler has the right to terminate the excursion contract and in that case the Traveler is entitled to a refund of the price paid up to then, without the right to compensation for damages and any costs of insurance and similar expenses.
By purchasing a trip, the Traveler acknowledges that Ninedas obrt za turizam, usluge i trgovinu made available to him prior to the conclusion of the contract the following information:
* about the excursion cost,
* destination,
* the number of daily meals,
* on the means, characteristics and category of transport,
* a plan of travel,
* way of payment,
* on border, visa and health formalities related to a trip abroad,
* the minimum number of passengers required to organize a excursion and the time limit for the Traveler to be informed about the cancellation of the excursion if no sufficient number of passengers has been reported for the excursion.
Classification and Description of services
The services are described according to the official classification of the local tourist organization or other competent authority at the time of the program issuing. Food, transportation and other services in some places and countries are different and not comparable. Ninedas obrt za turizam, usluge i trgovinu assumes no responsibility and shall not be liable for any oral or written information that is not corresponding to the service description set forth in the itinerary and the General Terms and Conditions valid for the travel if the Traveler has received such information orally from an employee at the point of purchase, by telephone or in writing from an unauthorized person, or in some other way.
Itinerary
The itinerary is equally binding for the Traveler and Ninedas obrt za turizam, usluge i trgovinu. Time of departure specified in the itinerary Traveler must abide by the instructions and information that he or she receives in connection with the realization of the program orally by the tour leader or tour guide during the excursion. If the Traveler separates from the group before receiving the appropriate notice of the time and place of the reunion of the group and the continuation of the excursion, Ninedas obrt za turizam, usluge i trgovinu cannot be charged for the costs and any damage the Traveler may suffer. Ninedas obrt za turizam, usluge i trgovinu reserves the right to continue the excursion without a Traveler who does not appear on time at the place of departure or continuation of the excursion, and Traveler’s absence shall be considered as his/her cancellation of the excursion. Ninedas obrt za turizam, usluge i trgovinuassumes no liability if certain activities that depend on weather and natural occurrences cannot be realized in accordance with the Itinerary or Travelers’ expectations. Ninedas obrt za turizam, usluge i trgovinu reserves the right to make changes to the Itinerary due to unavoidable conditions.
Itinerary Modifications and Excursion Cancellations
Ninedas obrt za turizam, usluge i trgovinu will inform the Traveler without delay about any changes to the excursion itinerary. Ninedas obrt za turizam, usluge i trgovinu may cancel the excursion or make changes to the itinerary at any time, prior to the start or during the excursion in case of any outstanding circumstances that cannot be prevented or avoided (war, disorder, sudden and unusual traffic stoppages, government intervention, sudden changes in timetables, delays in means of transport, weather incidents etc.), which, at the time of the conclusion of the contract, would have been justified for Ninedas obrt za turizam, usluge i trgovinu for a reason not to conclude excursion contract. Ninedas obrt za turizam, usluge i trgovinu shall in particular reserve the right to change the day and hour of departure on the route due to a change in the timetable or occurrence of any of the above mentioned circumstances, as well as the right to change the direction of travel due to changed circumstances, without compensation to the Traveler. Ninedas obrt za turizam, usluge i trgovinu is not responsible for delays in the aircraft, ship or train as well as for program changes and costs incurred due to such delays.
Ninedas obrt za turizam, usluge i trgovinu may cancel the excursion in whole or in part if minimum number of Travelers specified in the itinerary is not met. In this case, the Traveler is entitled to a refund of the price paid up to then, without the right to compensation for damage and any costs of insurance and similar charges. The Traveler will be notified about cancellation no later than 24 hours before the start of the excursion. In case of cancellation of the excursion, Ninedas obrt za turizam, usluge i trgovinu may offer to the Traveler the second day of departure or another excursion. Without delay, the traveler must declare in writing that he accepts or refuses the modified or alternate excursion. If the Traveler refuses to make changes or substitutes or disagrees with Ninedas obrt za turizam, usluge i trgovinu offer, then the Contract is terminated and the Traveler is entitled to a refund of paid price without the right to compensation for damages and any costs of insurance and similar charges. In the event of acceptance of the amended contract or substitute excursion the Traveler has no claims against the excursion organizer or intermediary on any legal basis, except the right to refund a part of the price, if the substitute excursion has a lower price.
Refund in Case of Excursion Cancellation
If a Traveler wants to cancel a trip he has to do it in writing. The date of receipt of the written cancellation is the basis for calculating the cancellation costs.
If the Traveler cancels the excursion, Ninedas obrt za turizam, usluge i trgovinu will keep the following excursion price percentage as damage compensation (if not stated otherwise in the itinerary):
0-48 hours before the departure – 100 % of the excursion price.
Travelers who do not arrive at the time of departure indicated in the itinerary or in the written instructions received from Ninedas obrt za turizam, usluge i trgovinu, are not entitled to the refund of the paid price. If the Traveler does not show or cancels the excursion during its duration of excursion Ninedas obrt za turizam, usluge i trgovinu will charge 100% of the excursion price.
Ninedas obrt za turizam, usluge i trgovinu may cancel the excursion latest 24 hours before departure for reasons that are not exceptional circumstances (that cannot be prevented, avoided or eliminated). In this case the Traveler is entitled to a refund of 100% of the price of the excursion unless otherwise stated in the itinerary. If Ninedas obrt za turizam, usluge i trgovinu cancels the excursion due to the occurrence of circumstances that are exceptional circumstances that cannot be prevented, avoided or eliminated, it can also be done at any time and then the Traveler is also entitled to a refund of 100% of the price of the excursion unless otherwise stated in the itinerary.
If Ninedas obrt za turizam, usluge i trgovinu cancels a trip or modify the excursion itinerary for any reason, the Traveler will not be entitled to any refunds, damages, insurance compensation fee, and similar fees other than those expressly provided herein.
Responsibility for Identity Documents and Personal Safety of Traveler
The Traveler is required when departing on a excursion to possess a document of purchase of excursion (voucher or invoice), a valid passport when traveling abroad, and ensure that he personally, his documents, luggage and belongings fulfill the conditions set by the carrier and those provided for border, customs, health and other regulations of his country as well as the state through which or where he travels, and Ninedas obrt za turizam, usluge i trgovinu is not responsible for the decisions of the official persons who deny the Traveler the transport, refuses to issue a visa or does not permit entry to the country or the costs incurred for that purpose. If due to the foregoing reasons the tour ends before or during the excursion, Ninedas obrt za turizam, usluge i trgovinu reserves the right to collect the damage compensation as defined in these General Terms and Conditions.
Apart from the excursion itinerary, the Traveler is also obliged to abide by the rules of the hotel in the catering and transportation facilities, and to cooperate with Ninedas obrt za turizam, usluge i trgovinu representative and service providers in good faith. In the event of non-compliance with these obligations, Ninedas obrt za turizam, usluge i trgovinu shall not be liable for any damages incurred, and the Traveler shall pay for any damages at the place of the event. The Traveler is obliged to observe the rules of personal safety during the journey, which would be used by every average person. Ninedas obrt za turizam, usluge i trgovinu is not responsible for the Traveler’s actions regarding his personal liability. The traveler is obliged to observe the rules of personal safety during the journey, which would be used by every average person. Ninedas obrt za turizam, usluge i trgovinu is not responsible for the Passenger’s actions regarding his personal liability. Costs of loss or theft of documents during the excursion are to be covered by the Traveler. Provided that this does not affect the realization of the excursion itinerary and does not incur additional costs to Ninedas obrt za turizam, usluge i trgovinu, Ninedas obrt za turizam, usluge i trgovinu representative (tour leader or tour guide) will provide personal assistance to the Traveler in formalities related to contacts with local authorities, diplomatic consular missions, healthcare institutions and similar.
In all other cases, the Traveler shall be liable for such formalities at his or her own expense. If, for the purpose of solving such formalities, the Traveler is unable to continue the excursion, Ninedas obrt za turizam, usluge i trgovinu will consider it as a excursion cancellation. For costs and any damage the Traveler on that basis may suffer cannot be charged Ninedas obrt za turizam, usluge i trgovinu. The Traveler is obliged to promptly inform Ninedas obrt za turizam, usluge i trgovinu of all facts regarding his / her health, habits, etc. that could endanger the excursion (health problems requiring special nutrition, chronic illnesses, allergies, etc.).
Substitution of Traveler
If the Traveler is prevented from commencing the excursion, then he may designate a third party as a substitute traveler to use the agreed services instead of the Traveler. In this Traveler shall promptly notify Ninedas obrt za turizam, usluge i trgovinu in writing. Ninedas obrt za turizam, usluge i trgovinu will accept a third party named as a Substitution of Traveler if Ninedas obrt za turizam, usluge i trgovinu is notified in due time and third party meets all the conditions for taking the excursion, if there are no statutory or other prescribed obstacles preventing the substitution of the Traveler and if it is possible to make a reservation change. Before the commencement of the excursion, the Substitute Traveler or Traveler is obliged to pay all the additional costs incurred by the Substitution of the Traveler.
Luggage
Ninedas obrt za turizam, usluge i trgovinu is not responsible for luggage transport and Ninedas obrt za turizam, usluge i trgovinu is not liable for lost or damaged of Travelers’s luggage, nor for theft of luggage or valuables in the means of transport. Luggage transport Traveler is required to announce before entering into the Excursion Agreement and may be subject to charge. If possible, Ninedas obrt za turizam, usluge i trgovinu will try to meet the pre-announced additional requests for luggage, but cannot guarantee to fulfill requests. The Traveler is obliged to take care of his belongings in means of transport (car, van, bus, boat, etc.) and must take them with him/her when leaving the vehicle. Otherwise, the Traveler is liable for theft, loss or damage of the items left in means of transport without their supervision. Pets are not allowed, except in exceptional cases upon request and at an additional cost. Ninedas obrt za turizam, usluge i trgovinu can not guarantee the fulfillment of such request.
Complaints
A Traveler may file a written complaint in business premises of Ninedas obrt za turizam, usluge i trgovinu
Business Name: Ninedas – Obrt za Turizam, Usluge i Trgovinu
Address: Kustošijanska 314b, 10000 Zagreb, Croatia
Registration Number (MB): 97927465
Phone: +385 99 884 5719
E mail: info@croatiaonpalm.com
or by mail or fax or e-mail. Ninedas obrt za turizam, usluge i trgovinu is obliged to confirm the receipt of the complaint in writing without delay and to respond to the complaint within 15 days from the day of receipt of the complaint.
Other insurance terms are listed within the insurance policy.
Accident and sickness insurance, risk insurance and loss of life insurance and voluntary health insurance of persons during time and residence abroad
Travel costs do not include accident insurance and travel illness, damages and loss of luggage
as well as voluntary health insurance. By signing a travel package contract, which is an integral part of these Terms and Conditions, it is considered that Client is offered and recommended the additional insurance mentioned in the previous paragraph. In the event that a Client requests this insurance, they can be arranged directly at one of the insurers or at Ninedas obrt za turizam, usluge i trgovinu, where Ninedas obrt za turizam, usluge i trgovinu operates only as an intermediary.
We recommend carefully studying the insurance terms before contracting the insurance policy.
Cancellation by Ninedas obrt za turizam, usluge i trgovinu or change of program
If the sufficient number of passengers has not booked the program, Ninedas obrt za turizam, usluge i trgovinu reserves the right to cancel the travel no later than 5 days prior to the tour start date. The minimum number of passengers required for a specific travel shall be specially marked on each program/package. Ninedas obrt za turizam, usluge i trgovinu also reserves the right to a full or partial change of the tour program in case of extraordinary circumstances that could not have been anticipated or avoided before the tour start date. Ninedas obrt za turizam, usluge i trgovinu reserves the right to change the date or the time of the departure due to a change in the flight schedule or the onset of unanticipated circumstances, as well as the right to change the itinerary if there should be a change in travel conditions such as changed flight schedule, safety conditions in a country, (unfavorable) weather conditions and do so without compensating the Client, and according to the current regulations in the international traffic law. If the program is canceled by Ninedas obrt za turizam, usluge i trgovinu , the Client shall be entitled to a full refund of the amount paid, but not compensation of damages.
Travel Documents
Clients must have valid personal travel documents. Invalid documents leading to the cancellation of the travel shall not result in any harmful consequences for Ninedas obrt za turizam, usluge i trgovinu, and, if Ninedas obrt za turizam, usluge i trgovinu should suffer additional damages due to such an omission by a Client, the Client must compensate the damages suffered. If a travel document should be lost or stolen during travel, the costs of issuing new documents shall be borne by the Client. Ninedas obrt za turizam, usluge i trgovinu guide shall assist the Client in such a situation, taking care of the usual course of the program. If a certain travel program requires a visa, Ninedas obrt za turizam, usluge i trgovinu may assist in obtaining such a visa at a special additional fee. Ninedas obrt za turizam, usluge i trgovinu shall not be held responsible for decisions by customs or police or other state authorities banning passenger’s entry into a particular country.
Foreign Exchange and Customs Regulations
The client must comply with all foreign exchange and customs regulations, laws and other by-laws of the Republic of Croatia and other countries through which they travel and where they stay. If the tour cannot be continued because a Client has violated the regulations, all incurred costs shall be borne solely by the person violating the regulations.
Baggage
In the case of bus transport, a Client may have 2 pieces of personal baggage. Clients must take care of their belongings brought on the bus and are obliged to bring them along whenever leaving the bus. Otherwise, Clients shall be responsible for theft, loss or damage of objects left unattended in the bus.
Complaints
Complaints are submitted in a written form. We emphasize that it is in the interest of the Traveler to make sure that every complaint is enclosed in writing and the service provider will endeavor to provide the agreed service, i.e. correct the mistakes. If no improvement is made even after the complaint, the Customer should ask for a certificate from which it is evident that the service was not provided, i.e. that it was not provided in the stipulated way. The Customer must enclose the certificate to their written complaint. The Customer is to make a written complaint no later than 7 days after the travel has ended. If the Customer should make a written complaint after the expiry of that term, Ninedas obrt za turizam, usluge i trgovinu is not obliged to take such a complaint into consideration. For resolving the complaints regarding services abroad, one must comply with the rule of reporting the complaint with the issue of a certificate on the spot and the deadline for submitting the complaint. The organizer must make a written decision regarding the complaint within 14 days of receiving the complaint, and it may postpone the term for making the decision about the complaint by another 14 days on account information gathering. The organizer shall resolve only those complaints which could not have been eliminated at the Client’s destination. While the resolution of the complaint is in process, but no longer than 14, i.e. 28 days after lodging the complaint, the Client waives the right to mediation of any other person, the arbitration by UHPA or another institution, and undertakes not to provide media with the information. In this time period, the Client also waives the right to sue. The maximum amount of compensation per complaint may reach the amount of the advertised part of services, but it may not include the services already used, or the entire package amount. The Client and Ninedas obrt za turizam, usluge i trgovinu shall attempt to resolve disputes amicably, and, on the contrary, they stipulate the competence of the court in Zagreb. The competent law shall be the Croatian law.
Client’s obligations
The Client undertakes to personally meet the conditions anticipated by the regulations of the Republic of Croatia and the country through which or to which they travel, and to observe the house rules in the hotel and other facilities, to cooperate with the representative of the organizer and with service providers. The Client is personally responsible for any damages caused, particularly for the damages that are the result of failure to observe the contract and these General Terms and Conditions. The Customer shall cover the incurred damages immediately at the hotel reception desk and at another place stipulated by the physical or legal entity who suffered the damages.
Warranty in case of insolvency or bankruptcy of the tour organizer
Pursuant to the Tourism Act, in case of insolvency or bankruptcy of Ninedas obrt za turizam, usluge i trgovinu, Clients affected by it while traveling, as well as persons who made down payments for a travel should contact the provider stated on the travel certificate or on another corresponding document as soon as possible.
Final provisions
These Terms and Conditions are an integral part of the agreement that the Client enters into with Ninedas obrt za turizam, usluge i trgovinu, or with an authorized travel agent to which he has applied for the trip organized by Ninedas obrt za turizam, usluge i trgovinu. Possible/foreseeable deviations from these Terms and Conditions must be indicated along with the travel program text if they are tour operators – foreign travel organizers. By signing the contract, the Client fully accepts the program and these Terms and Conditions. Issuing of these Terms and Conditions shall cease to be valid for all prior editions.
Business Name: Ninedas – Obrt za Turizam, Usluge i Trgovinu
Address: Kustošijanska 314b, 10000 Zagreb, Croatia
Registration Number (MB): 97927465
Phone: +385 99 884 5719
E mail: info@croatiaonpalm.com