Terms of the travel contract i.e. brokerage agreement

Terms of the Travel Contract i.e. Brokerage agreement

  1. General terms

This Contract determines the mutual relationship of the Travel Organizer, the Agency and the Traveller i.e. the Travel Contractor in the case where the Travel Contractor signs this contract on behalf of a third party.

  1. Persons in the Travel Contract

This Contract determines the mutual relationship of the Travel Organizer, the Agency and the Traveller i.e. the Travel Contractor in the case where the Travel Contractor signs this contract on behalf of a third party.

  1. The Travel Contract

The Traveller is the person signing this Contract in his/her own name, and on his/her own behalf, or for a third party. If this Contract is signed on the behalf of a third party, the Traveller gains an immediate right towards the Travel Organizer/Service Provider, who is obligated to fulfil what the Travel Contractor has arranged for the third party. The Travel Contractor guarantees that the Agency/Travel Organizer has been provided with correct and valid data necessary for the undisturbed realization of the trip, and accepts all legal obligations deriving from this Contract and from legal regulations.

  1. Travel Contract fundamentals

The Travel Contract is considered to be binding after being signed by the Parties, or if their approval has been clearly received in another manner (via the Internet, fax, e-mail, credit card credentials, bank payment), and has a legal effect when the Agency receives the agreed-upon payment before or on the stipulated date or, if it is arranged in that manner, receives a part of the agreed-upon payment, and the rest and/or the documentation ensuring the payment of the remainder until the stipulated date.

  1. The Agency’s obligations

The Agency is obliged to provide the Traveller with services in the contents and capacities stipulated by the Agreement, and is obliged to take care of the Traveller’s rights and interests, as is the business practice in this business, and can be held accountable by the Traveller for not fulfilling its services, partially fulfilling its services, or fulfilling its services in a sloppy manner, up to the value of the agreed-upon travel package.

  1. The Travel Organizer’s/Service Provider’s obligations

The Travel Organizer/Service Provider is bound by the information contained in the advertising materials or programmes, unless the Travel Contractor hasn’t specifically agreed to different terms due to the fact that the advertising material/programme specifies that the information within can differ, which means that the clauses of this Contract are applicable, and not the information contained in the advertising material.

  1. Prices

All parties agree that the Travel Organizer reserves the right to raise the prices listed in this contract up until 20 days before the start of the travel, in cases of changes in the exchange rate of the agreed-upon currency, higher travel costs (including fuel costs, or certain fees at airports etc.) which influence the price of the travel, and over which the Travel Organizer has no control over. If the Travel Organizer’s terms do not specify otherwise, the price increase is calculated by the same percentage by which changes of the listed calculated elements took place. The Travel Contractor or Traveller have the right to terminate the Travel Contract if the increase of the price would exceed 10%. In that case, the Travel Contractor or Traveller is granted a reimbursement of the amount paid up until then, without the right for damages and costs such as visas, insurance, vaccinations etc.

  1. Travel Contract termination

The Travel Organizer/Service Provider/Agency has a right to terminate this Travel Contract by a unilateral statement in full or partially, if a full or partial payment for the travel and/or documentation securing the payment of the remainder of the price is not received by the agreed-upon date. In that case, the Traveller has no right to indemnity or compensation of visa, insurance, vaccination or similar costs, and the Travel Contractor is obliged to settle the fees listed in the Contract, as if the Travel Contractor has cancelled by himself/herself.

  1. Travel Contract cancellation

The Travel Organizer/Service Provider/Agency holds the right to cancel this Travel Contract by a unilateral statement in full or partially, if Travel Contracts with the necessary minimal number of Travellers haven’t been signed, or if there are extraordinary circumstances that could not have been stopped, avoided, or removed, which would justify the cancellation of the Contract by the Travel Organizer/Service Provider/Agency. In that case, the Traveller has no right to indemnity or compensation of visa, insurance, vaccination or similar costs.

  1. Changes to the Travel Contract

Instead of terminating the contract, before the trip, the Travel Organizer or Agency can offer the Traveller/Travel Contractor to sign a revised Travel Contract and/or choose another travel arrangement.

  1. The deadline for accepting changes to the Travel Contract

The Traveller/Travel Contractor has 2 (two) work days after receiving the offer from the previous article to accept the revised Travel Contract or another travel arrangement, or to refuse the changes and the replacement travel arrangement. If the Traveller/Travel Contractor refuses the changes and the replacement travel arrangement, or fails to respond to the Travel Organizer’s/Agency’s offer, the Travel Contract is terminated without the Traveller’s obligation for the reimbursement of damages and costs. In that case, the Travel Organizer is obliged to pay back the amount of money paid up until then.

  1. Consequences of accepting the revised Travel Contract

In the event of accepting the revised Travel Contract or the replacement travel arrangement the Traveller/Travel Contractor has no claims towards the Travel Organizer or Agency from any legal standpoint, except the right to reimbursement of a part of the price, if the price of the replacement travel arrangement is lower than the price of the original one.

  1. Extraordinary circumstances

If the Travel Organizer, after the trip has started, is unable to provide a majority of the agreed-upon services or if it is assessed that the Travel Organizer will not be able to ensure a majority of the agreed upon services due to extraordinary circumstances that could not have been anticipated, avoided, or removed (war, riots, strike, terrorist actions, sanitary disturbances, natural disasters, traffic accidents, sudden and unusual traffic delays, governmental intervention, sudden changes of traffic schedules, plane and other delays, bad weather etc.) the Travel Organizer can make changes necessary for the continuation of the trip, and reimburse the price difference between the agreed-upon and realized services to the Traveller upon returning from the trip, if such a difference exists.

  1. Written documentation

The Travel Contractor or Traveller can terminate the Travel Contract in full or partially at any time in writing. The Travel Organizer’s advertising material/programme and/or general travel terms specify the way a fee needs be paid in the event of terminating the Travel Contract, and the Traveller/Travel Contractor verifies by signing this Travel Contract that he/she is familiar with that information, and that he/she obliges to pay the Agency/Travel Organizer the fee, independently of the amount paid up until the Travel Contract was terminated. In the event of terminating the Agreement on brokering one or more special services which enable a trip or stay to be realized, the Traveller/Travel Contractor is obliged to settle the Agency’s and the Service Provider’s fee, which depend on the terms stipulated by the Service Provider.

  1. If the Traveller is unable to travel

If the Traveller is unable to travel, he/she can designate a third party to use the agreed-upon services, provided that the Agency/Travel Organizer/Service Provider has been notified in writing. The Travel Organizer/Service provider will accept the third party designated as the replacement Traveller if the third party fulfils all the necessary conditions for travelling, and if there are no legal or other obstacles which do not allow the third party to travel to a certain country, or if the legal system of the country which is the travel destination does not allow the substitution of Travellers, or if the reservation change cannot be performed.

  1. The cost of substituting Travellers

Before the trip begins, a third party or the Travel Contractor/Traveller are obliged to reimburse the Travel Organizer or Agency for all the additional expenses caused by the Traveller substitution.

  1. Important information on the Traveller

The Traveller’s duty is to notify the Agency on time about all the aspects concerning his/her health, habits etc. which could jeopardize the trip (if a special diet is needed due to health and other reasons, or if the Traveller has a chronic illness etc.).

  1. Picking up the documentation

The Traveller is obliged, 8 days before travel at the most, to pick up the travel documentation (voucher, information on time and place of departure, intermediate destinations, changes to the transportation device, time of arrival, telephone number or another contact which enables him/her to get in touch with the Travel Organizer; if a minor is travelling – a way to contact him/her or a person directly responsible, and other necessary information) at the retail outlet, if they haven’t received it earlier, or request that it be delivered by mail.  The damages made from not picking up the travel documentation on time are the sole responsibility of the Traveller.

  1. Voucher

The Traveller is obliged to present the voucher or another proof that he/she has paid the trip in full, when requested to do so by a representative of the Travel Organizer/Service Provider, before the trip starts. If it has not been paid in full, and if documentation ensuring the payment of the remainder is not delivered until the agreed-upon date, the Traveller cannot start the trip/use the service, unless the contractual parties have agreed otherwise.

  1. The Traveller’ responsibilities

The Traveller must ensure that his/her documents and belongings fulfil the terms specified by the carrier and those stipulated by border, customs, health, and other regulations of his/her country, and the country he/she is travelling to. The Travel Organizer is not responsible for decisions made by officials, which would cause the Traveller to be denied transportation or entry into a specific country, as well as costs which would stem from that fact. If the Traveller’s documents are lost or stolen during the trip, the Traveller has to pay for their cost. The Traveller is obliged to follow the itinerary and the rules of hospitality facilities, accommodation facilities and means of transport, and cooperate with the representative of the Travel Organizer/Service Provider in good faith. If these terms are not obeyed, the Travel Organizer is not responsible in any way for damages caused, and the Traveller has to pay for the damages immediately. The Traveller is obliged to follow personal safety rules while on the trip, which any average person would follow. The Travel Organizer is not held accountable for the Traveller’s personal actions.

  1. Last minute arrangements

If the Travel Contractor has signed a “last minute” Travel Contract or a Travel Contract which states that the Traveller will find out the name of the accommodation facility only when he/she arrives at the destination (special promos such as: fortune, ace, joker, roulette, no name hotel etc.), the Traveller accepts all the risks of such a travel. A characteristic of such trips is that they hold unforeseeable circumstances the Travel Organizer has no effect on, an the Traveller has accepted a trip of this kind mainly for the cheaper price, and so the Traveller has no right to complain to the Travel Organizer.

  1. Complaints

During the trip, if the Traveller objects to some of the services not being fulfilled or being fulfilled sloppily, he is obliged to follow the Travel Organizer’s/Service Provider’s instructions on the procedure, and cooperate with the Travel Organizer/Service Provider representative in order to alleviate the cause of the complaint at the location where the service is being granted. If the above is not possible, the Traveller and the Travel Organizer/Service Provider representative are obliged to draft a written confirmation on the fact the the cause of the complaint has not been alleviated, and then deliver the complaint to the Travel Organizer within the determined deadline, upon returning from the trip. The Travel Organizer holds the right to reject group complaints, untimely complaints, and complaints about a situation that could have been alleviated at the location where the service was granted, but the Traveller didn’t cooperate with the Travel Organizer/Service Provider representative. The Travel Organizer is obliged to deliver the response to the Traveller in the deadline listed in the General Terms or advertising material. For agencies that are members of UHPA (Association of Croatian Travel Agencies) – the Traveller can file a complaint with UHPA’s Arbitration Commission before filing a lawsuit.

  1. Court jurisdiction

In the event of a dispute, the jurisdictional court is the one with the jurisdiction for the location where the Travel Organizer’s/Service Provider’s agency headquarters is situated.

  1. Traveller – minor

By signing this Travel Contract, the Travel Contractor – parent of a Traveller-minor – confirms that the other parent is familiar with this Travel Contract and has no objections, under criminal and material liability.

  1. Privacy

By signing this Travel Contract the Travel Contractor voluntarily gives personal information of the Travel Contractor and Traveller to the Travel Organizer/Agency and allows for the information be used for the purpose of protecting the Travel Contractor’s and Traveller’s best interests, in all matters pertaining to the trip/service. This also includes forwarding the information to third domestic and foreign parties, who are indispensable for the realization of this trip/service. This information can be used for subsequent communication and the delivery of the Agency’s advertisements. The Agency is obliged to store the personal information in a database, in accordance with the Agency’s decision on the method of gathering, processing and storing personal information.

  1. Meaning of the signature

By signing this Travel Contract, the Travel Contractor confirms that the Travel Organizer/representative has informed him/her beforehand on the basic border, visa, and health formalities pertaining to the trip or stay, as well as the time needed to complete these formalities.

  1. Insurance

By signing this contract, the Travel Contractor confirms that he/she was offered special insurance for the costs of terminating this Travel Contract by the Traveller, for injury, illness, death, and loss of luggage during the trip and stay, which also covers the costs for helping and returning the Traveller to the starting point of the trip in the event of an accident or illness.

  1. Insurance against Agency’s insolvency or bankruptcy

In accordance with the Act on the Provision of Tourism Services, in the event of Agency’s insolvency or bankruptcy, a Traveller in the middle of a trip, as well as other persons who gave an advance payment for a trip should immediately contact the Agency’s insurance company (hereinafter: Triglav osiguranje), and refer to the insurance policy number: 990007044588.