General terms and conditions
In case of agency insolvency or bankruptcy, client on the trip, or person who did advanced payment for the trip, must , without delay, contact insurance company: Euroherc Insurance l.l.c., Vukovarska 262,10000 Zagreb, www.euroherc.hr, ph.0038516004000
This document is valid as conformation of insurance for case of bankruptcy or insolvency.
Integrated part of this contract are General terms and conditions, and brochure for specific trip by agency Anima Croatia Destination Company d.o.o.
Minimum number of clients needed for trip realization is 6. Agency can cancel the trip 30 days prior to departure in case of non-sufficient number of participants. in which case client can choose offered substitute tour by covering or being refunded for the price change, or can be refunded 100 % of payed amount..
Legally allowed changes of program, accommodation or the tour price are determined in General terms and conditions, and promo materials for the trip.
Complaints about incomplete and unsatisfied tour performance by agency have to be documented , in written form up to 8 days after the service is finished.
Trip contract is considered to be binding once is signed by parties, or once a client had done the first payment, whole amount or secured payment until agreed date.
1.This contract defines mutual relationship between tour operator/organizer and tour contractor or third person as passenger in case when contractor creates this contract of behalf of third person as passenger.
2.Organizer is Anima Croatia Destination Company D.O.O.(or Soul of Croatia Destination Company L.L.C.),
Croatian travel agency ( Agency ) that fulfills conditions for providing services based on the
decision of the competent authority.
Agency-mediator in contract
must indicate in what capacity appears and provide its information. Otherwise it will be considered as organizer and bear all right and obligations as the tour organizer.
3.Contractor/Client is a person which entered into a contract in its own name and for its own account or on behalf of third person. If contractor enters into a contract on behalf of a third person as passenger, than passenger gains its own and immediate right toward tour organizer/service provider, which will provide all services agreed between Agency and contractor on behalf of third person-passenger.
Contractor vouch for the authenticity and accuracy all provided information given to Agency and vouch that is authorized by passenger to give its personal information and accept all legal obligation that arise from this contract and positive law.
4.Tour package contract is considered binding after signed by parties or clearly confirmed by its consent ( internet, fax, e-mail, payment, providing credit card number), and it takes legal effect when agency receives full or partial payment, or documentation which grants payment ,depending on agreed terms and in agreed period. If Client cannot sign the contract in moment before contract takes effect, act will be done in first possible occasion.
5. Agency is obliged to provide services to passenger/client, in a form and content provided in contract, and care about clients rights and interest according to business practices in branch, and it is responsible toward client for damage caused by agency, by non-performance. partial performance, or undue performance up to tour package price.
6.Before signing the tour contract Agency , agency will provide promo materials and program in printed or electronic version, provide all the relevant information in the terms of the trip, and will provide General terms and conditions as integrated part of the contract, and will offer travel and cancellation insurance. Agency in bonded by information in promo materials, unless contractor negotiated different terms, which means that those terms have priority before of promo materials. Agency can use photo and video material of the trip for its marketing purposes. If, in program info materials, itinerary, brochure ,or custumised program , particular regulations are diferent from the ones in the General terms and conditions, in power will be those in customised program materials.
7. After contracting with agency, client in bonded by making a deposit. Deposit is not refundable. First payment , which is 50 % of the full price can be payed any time betwen contracting and 90 days prior to the trip. The full payment must be payed 30 days prior the trip, unless parties agreed on payment at once or they agree on different terms.
Currency exchange rates fluctuate. Prices are subject to change based upon currency exchange rate fluctuations, provided actual variations have occurred.
By paying by wire transfer, client is responsible for all bank fees to transfer and wire the money to Agency . Agency needs to receive the full amount for your package or service.
8. Parties in the contract are agreed that agency has the right to raise the tour package price up to 30 days before the trip, if there is exchange rate change, higher transport costs, including gas costs, or increase of local taxes or fees, that affect tour package price, and for which agency did not and couldn’t know.
9. Contractor/client has the right to breach the tour package contract if the price increases more than 10 %. In that case client has right to be refunded for payed amount of the price, without right for indemnity and eventual costs of visa, insurance, vaccination, and similar costs.
10. Client is obliged before the trip to provide the proof that the payment has been done, as condition to participate on the trip.
Organizer/agency obligations for changes and non-fulfilling agreed price
11. If Agency before the trip substantially change program or accommodation or price, client must be informed about those changes without delay in written form. For that matter new contract can be offered to client with indicated changes and its affect to tour package price.
12. In period of 2 (two) days from receiving offer from article 11. Client can accept new contract
about tour package, substitute tour package, or can decline changes and new contract. If Client declines changes and new contract,or or ignores the new offer, contract shall expire and will be terminated with no Client obligation for indemnity. Agency , in this case,shall refund payed amount of the tour package price to Client.
13. If Client accepts substitute tour package, client has no other claims toward Agency in any law aspect, apart for right for price change compensation is the new tour package has lower price.
14. If Agency changes the contract without existing external circumstances that could have been predicted, avoid or eliminated, Agency is obliged to refund, without delay, all the amount paid for the tour package.
15. If Agency, after the trip has started, do not provide majority of services agreed, or establish it will not be capable to provide majority of services agreed, agency can, with Client approval, change the program, but have to indemnify Client for the price difference between agreed and provided services.
16. If tour package cannot be adequately modified, or client declines modification for justified reasons, Agency i obliged ,on its own costs , arrange Client transportation to the start point of the trip, or other place agreed between Agency and Client. Agency shall indemnify Client for suffered damage. Indemnity amount is defined by amount of unused tour package price for unfulfilled part of the program defined in tour package contract. Agency is obliged to indemnify Client in period of 15 days, starting from the moment when Client arrives to place of departure, or other place agreed between Client and Agency, based on written complaint that Client need to submit 8 (eight) days after trip finished. Highest amount that Client can be compensated is a tour package price, in case of such non-fulfilling services that significantly affect contract content.
17. Agency can unilaterally with statement cancel the contract fully or partially, if unexpected circumstances arise that couldn’t be prevented, avoided or eliminated, and if they existed in a moment when Contract between parties was negotiated or agreed, would be justified reason for Agency to not make tour contract with Client in first place.
18. Client can at any time, in written form, fully or partially terminate the tour package contract. Agency defined cancellation fees in General terms and conditions,promo material, brochure. By signing the tour package contract, or paying full or partial trip price, Client confirms that he is familiar with those terms.
19. If Client is prevented, or not able to start the trip, may designate a third party to take his place , and to use Agency services services, if Agency is notified in writing. Agency will accept the designated third person as Client if fulfills all conditions for the trip, if there is no legal or other obstacles, or unless if third state does not allow wanted change or reservation that prevents third person to take the place on the trip instead.
21. Before the trip, Client or third person as designates replace, is/are obliged to compensate Agency with all arising extra costs because of the change.
22. Client is obliged to notify Agency about all the fact in the terms of his health condition, habits and other, than could affect the trip in its performance ,( chronic diseases, special food diet, allergies), and these information. Agency must not forward to the third person, unless they are included in trip performance,otherwise violates Clients right to privacy.
23. Client is obliged to secure valid documents, and make sure that all his documents fit the terms provided by border, custom, health and other regulation by his country and country he is going to. Non-valid documents or non-possessing of documents, that may caused Clients Trip cancellation, do not have any harmful affect on agency. Eventual expenses arising from described acts , loosing documents or reissuing is covered by Client. Agency is not responsible if Client is prevented to enter the country by Custom service or other government bodies. Client is obliged to act a cording to tour package, and house order in catering and accommodation facilities, transport vehicles, and cooperate with Agency representative in a good faith. In case of non-compliance Agency takes no responsibility for caused damage, and Client immediately needs to cover the cost of damage. During the trip Client is obliged to act according to rules of safety, that would be complied by any average person. Agency is not responsible for Client acts that are concerned his personal safety.
24. While participating on any outdoor ,active ,adventure or any other activities, Client participates on his own responsibility and is aware of all possible risks. Client is obliged to follow all the safety rules related with activities.
Client agree that Agency will not be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with the performance or non-performance of any Travel Service Provider, including, but not limited to, non-performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation. In the event of non-performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation of a Travel Service Provider, you agree that your sole recourse shall be toward such Agency or its members.
25. If the Client complaints during the trip about any non-fulfillment or partial non-fulfillment, Agency representative is obliged to, on suitable way, in short period solve the complaint if possible in the terms of complain content. If the complaint can not be solved Client needs to get written form/note given by Agency about his complaint and t problem was not solved on Clients satisfaction. Dung period of 8(eight ) days Client can put written complaint to agency and enclose initial note gotten by Agency. After 8 days Agency does not have to take the complaint into consideration. Client puts the complaint individually. Agency is obliged to act and have written response or solution in the terms of complaint in 14 days starting the day when the complaint has been received. Agency can postpone response to extra 14 days if needed to get all the necessary information related to complaint , and it is obliged to give a written note to Client if extension is on act. Until Agency comes put with official response to complaint, Client will not mediate with third person or arbitrate or make the complaint public.
26. In case of legal dispute,is relevant Croatian Low, and court competent to Agency headquarters. In case of legal dispute parties will first try to find peacefully solution on mutual satisfaction of parties.
27. Agency strongly recommend purchasing comprehensive travel insurance from your country (including trip delay, trip cancellation, trip interruption, baggage and personal effects, loss or theft of money insurance) once a trip has been booked. Health, accident and emergency evacuation insurance are also strongly recommended. Agency will not accept responsibility for any person who fails to be properly insured for their journey. Travel insurance can further protect you in the event of cancellation due to unforeseen occurrences.
Personal info statement.
I expressly declare that i gave voluntarily all the Clients personal information and made it available to Organizer/Agency and i allow theirs use in the terms of protection my best interest in all actions i set. This includes giving information to the third parties. Third parties are those who are necessary for tour package realization. These information can be used for mutual communication as well. Agency is obliged to keep the this info at least 3 years in its own data base. Agency is obliged to not reveal, give or sell these info to the third person unless necessary for tour package realization. Exceptions from giving information to third person are insurance company requirements, cancellation insurance, accident insurance, baggage loss or damage insurance, and for voluntary health and travel insurance while on the trip. These information will be provided to insurance company if insurance contract is concluded.
I, signed client, by signature confirm:
-That i received all the necessary notification in the terms of the trip in written form, and expressly declare that i accept agreed itinerary, length of the trip and all stated services, and that i accept all part of this contact and General terms and conditions.
– that all information i provided are true and correct
– that agency , before the trip, gave me information about border, visa, and health formalities in the terms of the trip, presence in destination, and time necessary for fulfilling formalities.-that i am aware that agency insured its clients for accidents since, between other, providing services in sport-recreational and adventure activities.
-that i am offered extra insurance for accidents, health insurance, lost and damaged language, trip cancellation insurance, and insurance that provides help and returning to starting point of the trip in a case of accidents and health problem, and that i am familiar with content of insurance.
-that i am familiar with content of valid responsibility insurance for damage caused by agency, by non-performance. partial performance, or undue performance its obligation relating on tour package.
-that i am familiar with all the risks and consequences of implementation services which includes sport-recreational and adventure activities. For person younger than 18 years, those services can be provided only to a written permission by parent or trustee. However, agency can refuse to provide service to person younger than 18 no matter of parent of trustee permission.