GENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS OF PASSENGER TRANSPORTATION AND SCOPE OF APPLICATION
The rights of passengers in air transportation are regulated by the following regulations:
• Obligations and Proprietary Relationships in Air Transportation Act (Official Gazette 132/98, 63/08, 134/09 and 94/13)
- implementing acts of the European Union:
-Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights (SL L 46, 17 Feb 2004),
-Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air (SL L 204, 26 Jul 2006),
-Council Regulation (EC) No 2027/97 of 9 October 1997 on air carrier liability in the event of accidents (SL L 285, 17 Oct 1997) and:
– Regulation (EC) No 889/2002 of the European Parliament and of the Council of 13 May 2002 amending Council Regulation (EC) No 2027/97 on air carrier liability in the event of accidents.
The purpose of this document is to emphasize the usual rules of air transportation to users of passenger air transportation.
The purpose of this document is exclusively to serve as a guideline to passengers, without creating obligations for Marine Air d.o.o. or regulating a relationship between the passenger for whom the airline ticket was bought through Marine Air d.o.o. and Marine Air d.o.o.
Marine Air d.o.o. does not assume any responsibility for the actions of the air carriers or other potential participants in the air transport.
RESPONSIBILITIES OF PASSENGERS IN AIR TRANSPORTATION
Before purchasing a ticket and boarding the plane, the passenger is obliged to prove his/her identity and provide the appropriate travel documents at the request of the IATA agent, air carrier or public authorities.
The passenger is obliged to obtain the information on the necessity of visa or vaccination for the country to which or through which he is travelling.
When purchasing the ticket, the passenger is obliged to inform the air carrier through the IATA agent on his health problems that might aggravate the transportation or negatively influence the course of the flight.
The IATA agent recommends that the passenger informs himself/herself in more detail on the website of the World Health Organization (WHO www.who.int/) about illnesses such as bird flu, SARS, Ebola, malaria and viral meningitis and obtains the information on possible vaccinations from the Croatian Health Insurance Institute (HZZO www.hzzo-net.hr) prior to departing abroad, as well as on the terms of health insurance while abroad.
The passenger is obliged to undergo a security check that includes both his/her checked and carry-on luggage.
Pursuant to the international regulations in force, the passenger is not allowed to include weapons, ammunition, knives, toys that imitate real deadly weapons (for example guns, grenades) and other objects of similar nature in his carry-on luggage. Such objects may be stored only as checked luggage. Hazardous substances (explosives and ammunition, fuels, bases, compressed gases, poisons or toxic and contagious materials, oxidizing substances, radioactive material, magnetic material and other dangerous goods) may only be transported under special terms of transportation.
The passenger is obliged to respect the particularities of air transportation and observe the warnings of the carrier, which includes the following
- boarding, assemblies and movements in the spaces intended for passengers,
• entering and exiting the airplanes,
- storing clothes and carry-on luggage on the airplane.
The passenger is obliged to refrain from behavior that might endanger the safety and operation of air transportation, harass or disturb other passengers or cause other passenger’s complaints, prevent the airplane crew in the execution of their duties, damage the property of the air carriers or the property of the passengers, as well as refrain from excessive consummation of alcohol on the airplane deck.
The passenger is also obliged to:
- access the place of boarding and execution of all necessary formalities and boarding procedures on time, no later than the time set by the carrier. The passenger is obliged to obtain information on this from the carrier or its authorized agent,
- fasten the safety belts at the airplane crew request or after seeing a sign on the illuminating panel during the take-off, landing or during flight
- move to a certain seat at the request of the airplane crew, if this is necessary for operational reasons,
- observe the smoking ban on all decks of the airplane. The violation of the ban may be punishable by a monetary fine,
- refrain from using electronic equipment and devices during the flight that might adversely affect the functioning and performance of the electronic equipment and devices of the airplane. The violation may be punishable by a monetary fine,
- mandatory undergo first aid treatment in case of health problems during the flight, provide the crew with personal and health information and undergo a medical examination,
- reimburse the carrier for all damages he/she caused or committed by inappropriate behavior (for example, destroying the interior of the airplane, illegal transportation of dangerous animals, objects, etc.),
- observe the instructions given by the captain and the airplane crew during the flight,
• undergo a prescribed security check performed by the public authorities or authorized organizations,
- adjust his/her clothes and appearance to standards of air transportation.
DENIAL AND LIMITATION OF AIR TRANSPORTATION
The air carrier may deny the transportation to passengers:
- if this is required by the air carrier regulations that regulate the flight operation,
- in case the passenger violates the valid regulations in the country of take-off or landing or the country through which the airplane only passes,
- if the passenger is suffering from a contagious illness, which must be reported in advance; if the passenger is suffering from a severe illness whose sudden manifestation might adversely impact the safety of the passengers and the flight, or if the passenger is unable to take care of his physical and mental state and is travelling without an escort who is able to provide the necessary care,
- if the passenger’s behavior disrupts the safety of the transportation or public order, or if the passenger is not appropriately dressed,
- if the passenger violates any of his/her obligations, particularly those related to the safety of the air transportation.
In case of denial of boarding, cancellation or long delay of the flight, the passenger has the right to submit a written complaint to the carrier, supported by appropriate evidence.
RESPONSIBILITIES OF THE AIR CARRIER
The carrier is obliged to ensure that all the passengers are aware of the position and use of safety belts, emergency exits, devices intended for common use, life jackets and oxygen masks if the use of these devices is prescribed for passengers, and other emergency devices intended for individual use. The air carrier is obliged to provide use of safety belts during take-off, landing, turbulence and in any other case at the request of the captain of the airplane. The carrier is obliged to inform the passengers about storing of their belongings inside the airplane. In case o need , the air carrier is obliged to inform the passengers about emergency procedures that correspond to the current situation.
The carrier will provide transportation only to the passenger whose name is on the ticket and may require an appropriate identification document from the passenger. The ticket is not transferable.
INTERRUPTION OF THE FLIGHT
The interruption of the flight is possible if this is permitted by the terms of the tariff. The interruption of the flight must be indicated on the ticket.
The fares refer only to the transportation from the airport of departure to the airport of arrival unless otherwise is explicitly stated. The fares do not include the land transportation between the airports or between the airports and city terminals.
The applicable fares are those applicable on the day of the issuing of the ticket. If the passenger changes his itinerary or dates of travel, this may affect the payable amount of the fare.
Paying the fare
The expenses of fares are settled by cash or non-cash payment pursuant to the rate set by the IATA agent.
Duties, taxes, fees and other payments
Besides the fares, the passenger is obliged to pay other duties and fees set or imposed by the competent public authorities or airport operators, which apply to air transportation.
The passenger is obliged to obtain information on possible exceptions if the airport taxes are collected directly on the departure airport.
RETURNING THE FARE
Return or refund of the fare is performed pursuant to the applicable rules on fares or tariffs.
CONDITIONAL ACCEPTANCE AND TRANSPORTATION OF CHILDREN
The transportation of a passenger whose physical state, mental state or age indicate that air travel might endanger his health or cause some other harm, is performed under the condition that the carrier is not responsible for possible injuries, illness or other harm, including the death of a passenger and damage caused on the passenger’s belongings if such harm or damage are caused by the transportation.
During the transportation of medical patients and pregnant women (up to 34th week of pregnancy), it is necessary to attach a doctor’s note on a prescribed form, confirming that the passenger is capable to participate in air travel. The passenger is obliged to request this form when buying a ticket. The transportation of pregnant women after the 34th week of the pregnancy is performed exclusively at the risk of the mother and the child and the air carrier waives any responsibility in this regard. In this case, the carrier retains the right to refuse to transport the pregnant woman. In case of a sudden death of the passenger during the flight, his body will be disembarked from the airplane at the nearest airport. Pursuant to the protocol, the body will be handed over to the competent local authorities for further examination and ordering adequate transportation.
Escort of children
The children from age 8 until age 12 may travel alone only if at the place of departure they are accompanied by an adult who issued a written statement on a predefined form to the carrier, confirming that another adult will welcome the child at the place of arrival. The carrier may demand that the age of the child is proved Unescorted children younger than 8 may be transported only under the special conditions regulated by the carrier. These conditions are communicated by the IATA agent.
The luggage is transported as checked and carry-on luggage. The passenger has a right to the complimentary transportation of luggage pursuant to the subsequent provisions of these Terms.
As checked luggage are accepted properly closed and locked suitcases or other luggage that may be firmly closed. With the consent of the carrier, other items may also be included in transportation. The passenger receives a luggage identification tag as a confirmation for the luggage handed over to the carrier (checked luggage). The passenger is obliged to save the tag in case of a complaint.
Pursuant to the rules established by the carrier, it is also possible to transport groceries and small animals. Each item of luggage that the passenger wishes to hand over must be marked on the outside and the inside by an identification tag with the passenger’s name and contact address in the place of arrival (for example, a hotel address). The name on the tag must match the information on the ticket and other travel documents. The luggage, including the luggage with zippers, must be locked to prevent opening during transportation. The carrier is not responsible for luggage that was not taken over immediately after the landing. The checked luggage is transported in the storage space of the airplane and, as a rule, by the same airplane as the passenger. If such transportation is not possible, it will be organized by the first possible connection.
The carrier may exclude from the transportation prior to take-off or at any time during the travel the luggage and belongings that might endanger the safety of flight, persons or property, or luggage and belongings that might be seriously damaged during the air transportation or are inappropriately packed.
Carry-on luggage (hand luggage)
The hand luggage that the passenger may take into the plane is defined by dimensions: maximum length 56 cm, maximum width 45 cm and maximum depth 25 cm, while their sum amounts to the maximum of 115 cm. The passenger may have only one piece of hand luggage of maximum weight of 5 kg unless otherwise established by the internal regulations of the carrier. The carrier retains the right to check the weight and dimensions of hand luggage.
The following items for personal use that the passenger keeps next to himself and guards are also transported in the cabin of the airplane free of charge:
- small women’s purse
- coat, scarf or blanket
- umbrella or cane
- camera, video camera, binoculars, small personal computer or mobile phone
- baby basket and baby food during the flight
- glasses and orthopedic aids for disabled passengers
A free-of-charge transportation is also provided for a fully assembled vehicle for a disabled person, which is placed in the storage space of the airplane
Special types of luggage
Only with the prior approval of the carrier and under the conditions established by the carrier it is possible to transport:
live animals, including birds and reptiles (the animal transportation is passenger’s responsibility, placed according to the permitted applicable regulations ).
The transportation is performed pursuant to the conditions and rules of the air carrier.
In addition to the above, a dog escorting a person with impaired vision or hearing may be transported in the cabin of the airplane free of charge, as well as a dog trained to protect human lives. The dogs must be equipped with straps, muzzles, certificates of vaccination and other requested documentation.
Transportation of weapons and ammunition: all types of weapons may be admitted into air transportation only on places where this is permitted by applicable regulations.. The weapons must be unloaded, blocked and placed exclusively in the storage space of the airplane. The ammunition with explosive properties belongs to so-called dangerous cargo and may be transported pursuant to the conditions listed in the IATA manual for transportation of dangerous cargo. The transportation of diplomatic luggage is permitted to diplomatic couriers in the passenger cabin of the airplane.
Excess of luggage
When using the so-called item system of luggage transportation to/from USA and territories of USA and Canada, for each excess item of luggage or exceeding the size or weight of the luggage a fixed fee is charged pursuant to the place of arrival. The luggage on other lines with the weight that exceeds the one permitted will be transported pursuant to the capacitive capabilities of the carrier. For such luggage, a fare will be calculated according to the weight determined by a 1 kg fee pursuant to the tariff of the carrier.
Pooling the luggage allowance
If two or more passengers who travel together to the same destination by same plane hand over their luggage at the place and at the same time, a common weight of the luggage will be permitted to them, which matches the sum of the permitted free weight of luggage of these passengers.
The carrier may check the contents of the luggage in the presence of the passenger. If the passenger is absent, the carrier has the right to open the passenger’s luggage in the presence of at least one witness who is not the employee of the carrier if it is established that the luggage contains items that are prohibited from transportation or that require a special transportation regime.
The transportation of unchecked luggage is performed pursuant to the special regulations of the carrier.
Luggage with the declared value
The passenger may declare a value of checked luggage that is greater than the value of the air carrier’s liability, under the assumption that the carrier determined the tariff conditions in this case.
Collection and delivery of checked luggage
The passenger is obliged to collect his luggage immediately after the landing. The luggage may be collected only by the person in possession of the luggage bill and identification tag. The carrier is not obliged to establish whether the possessor of the luggage bill and identification tag collected the luggage and is not liable for loss, damage or other expenses incurred by the passenger in connection to this.
Damage, non-issuing or loss of luggage must be reported to the carrier immediately after collecting the luggage , and carrier must file a report on this. Otherwise, it is assumed that the collected luggage was in the same condition as when checked in.
During the subsequent report of damage, the passenger must prove the causal relationship between the reported damage and the corresponding transportation.
Measures of protection
To protect the passengers in air transportation airlines have introduced restrictions of fluid quantity that may be carried in hand baggage The transportation of fluids in hand baggage is forbidden unless the individual containers/packages are of capacity less than 100 ml or 100 g and placed in a transparent plastic bag with a zipper. The maximum permitted capacity of the plastic bag may not be larger than 1 l.
For packaged fluids in hand baggage, the transparent plastic vanity cases may also be used. The contents of the plastic bag must be appropriately stored (visible) and the bag must be closed.
The fluids include gels, pastes, lotions, mixtures of fluids and solids, toothpaste, hair gels, beverages, syrups, perfumes, contents of compressed bottles, for example, shaving creams, deodorants and other items of similar content.
For safety reasons the passengers are prohibited to carry the following objects into the protected restricted area and the cabin of the airplane: firearms and other devices that shoot ammunition or projectiles (devices that are capable, or appear capable, of causing a serious injury), stunning devices (devices that are intended specifically for stunning or immobilization), sharp objects (objects with a pointed tip or blade that might cause serious injuries), working tools (tools that may be used to cause serious injuries or to endanger the safety of the airplane), blunt objects (object that may be used to cause serious injuries by striking) explosives, flammable substances and devices (explosives and flammable substances and devices that may be used to cause serious injuries or to endanger the safety of the airplane).
During the safety check of the hand luggage, the passenger is obliged to report all fluids, remove the laptops and other larger electronic devices from the hand luggage for a separate examination, remove the coat and/or jacket that will be examined as a separate piece of hand luggage, remove metal objects (such as keys, mobile phones, etc.) prior to passing through the metal door detector for simplification of the check.
The carrier will use all efforts to transfer the passenger and his/her luggage pursuant to the flight schedule in force on the day of the travel. The flight schedules might be change without prior notification. The carrier is not responsible for indirect and consequential damages.
Irregularities in air transportation
In cases of situations and events that are beyond the carrier’s control (so-called “force majeure“ events, for example, weather conditions, technical reasons that are not the fault of the carrier, wars, strikes of organizations that perform the service of transportation, etc.), the carrier may postpone, cancel, revoke or redirect the flight, change the type of the airplane or transfer the representation to another carrier, without bearing further liability except the responsibility to provide the transportation by other airplanes or other means of transportation, or return the fare to the passenger.
If the flight was is postponed, late or cancelled, or the type of the airplane was changed under the circumstances that were carrier’s fault and the carrier is unable to provide the pre-determined seating, the passenger may not disembark from a plane at a pre-determined or final location, or if the circumstances cause the passenger to miss the connecting flight, the carrier is obliged to:
If the expenses of fares, excess luggage payments and other services connected to the change of the itinerary surpass the value of the paid price of the ticket or its part, the carrier does not require additional fares or other fees from the passenger. In case the fares and fees for the changed direction are lower than the ones that the passenger had paid the carrier pays the passenger the difference
return the fares pursuant to the applicable rules on fare or tariff, without any further liabilities toward the passenger,
The carrier provides an appropriate reimbursement established by the carrier’s regulations to the passenger with a confirmed reservation who was prevented from boarding because of a lack of seats on the airplane.
The carrier is not responsible for the errors and omissions in the flight schedules and other information obtained from the employees or agents of the carrier on time of departure or arrival and on the air traffic, except in cases when the carrier was aware that it may cause damage by its actions or omissions.
Flight cancellation by the air carrier
Under certain circumstances, the air carriers retain the right to change the flight schedule without prior notice. Due to unfavorable weather conditions, natural disasters, global unrest, wars or health problems, the bankruptcy of the air carrier, capacity issues – the air carrier may cancel or change the time of the flight. If the flight is cancelled, the passenger will be informed of this by the air carrier. Pursuant to the terms, rules and tariff of the air carrier, the passenger will be informed of the alternative offered by the air carrier, and if the alternative suits him, a new electronic ticket will be sent to his e-mail address, free of additional expenses. If the alternative is not suitable, the passenger has the right to a refund. In case of cancellation of the travel by the air carrier without the consent of the passenger, the terms, rules and tariffs of the air carrier apply.
In case of flight cancellation, the passengers have a right to care, right to fare refund (if they gave up on further travel) or right to redirection (if they continue the travel) and may realize the right to reimbursement.
For safety or operational reasons, the air carrier may not provide the requested seat on the airplane to the passenger. If the passenger does not board the plane on time, does not possess the necessary documents or is unable to use the flight, the carrier has the right to cancel the reserved seat.
The air carrier may charge a certain fee to the passenger for failing to use or cancelling the reserved seat, according to the established conditions. In the interest of the passenger is to obtain information on the air carrier’s tariff prior to the issuing of the airplane ticket. The air carrier has the right to demand a repeated confirmation of the reserved seat on the airplane on certain lines. If the passenger fails to do this by a certain deadline, the air carrier has the right to cancel the reservation.
Flight cancellation or change of travel date by the passenger
If the passenger wishes to cancel the purchased flight ticket, this may be done pursuant to the terms, rules and tariff of the air carrier that the passenger had read and agreed to during the execution of the reservation.
For the refund of the price of the airplane ticket and the corresponding fees or payment of expenses incurred by cancellation, the terms, rules and tariffs of the air carrier that the passenger had read while buying the airplane ticket are applied.
Regarding the cancellation or change of the flight, regardless of whether the flight is cancelled or changed by the air carrier, passenger, or for reasons for which neither the air carrier nor the passenger is responsible, the terms, rules and tariffs of the air carrier who issued the airplane ticker or who performs the transportation on the line on which the flight was cancelled or changed are applied.
Passports, visas and other documents
The passenger must obtain all documents and fulfil all conditions for entering or exiting the country required by the competent entities in the countries of departure, destination or transit. The IATA agent is not responsible for the damages or expenses incurred by the passenger arising from the non-observance of stated obligations.
Refusal of entry and extradition
The passenger is obliged to pay the fare if the carrier is instructed by a decision of the competent authorities to return the passenger to the place of departure or somewhere else. The carrier may use the theretofore unused travel documents for compensation of such fare. The paid fare to the location where the passenger was denied entry into the country or where the extradition took place will not be reimbursed by the carrier.
At the request of the carrier, the passenger is obliged to reimburse all expenses arising from his non-compliance with the prescribed administrative travel regulations in the countries of departure, destination or transit.
The passenger must be present during the control of his checked or hand luggage performed by the customs service or some other service. The carrier is not liable for any damages or losses incurred to the passenger as the consequence of non-compliance with such conditions.
The transportation performed by the carrier and other carriers based on one ticket or tickets connected to it is considered a single transportation. If the transportation is performed by several carriers, each one of them who boards passengers, luggage or goods is considered a contracting party of the transportation contract pursuant the international agreements in force.
During such transportation, passenger or their representatives may hold accountable only the carrier who performed the transportation during which the events that resulted in a right to reimbursement have took place, except for cases when the first carrier contractually assumed the responsibility for the entire trip.
If it involves luggage or goods, the passenger or sender may also hold accountable the first carrier while the passenger or recipient, authorized to receive the luggage or goods, may request reimbursement from the last carrier. Then, all of them may request reimbursement from the carrier who performed the transportation during which the destruction, loss or damage of the luggage or goods, or the delay had occurred. These carriers are jointly and inseparably responsible to the passenger, sender or recipient.
LIABILITY OF THE CARRIER
General liability of the carrier is implemented:
- in internal air transportation pursuant to the substantive law of the Republic of Croatia governing transportation and air transportation.
- in international air transportation pursuant to the Agreement on Harmonization of Certain Rules Regarding Air Transportation, the so-called Warsaw Convention, Article 15/1935, amended by the Hague Protocol, Article 15/1966.
Limitation of the carrier’s liability
The liability of the carrier, in the spirit of the Warsaw Convention amended by the Hague Protocol, for the damage caused by the death or injuries of the passengers is limited by the amount of USD 20,000, amount of USD 58,000 (USD 75,000 – including the legal expenses), in the spirit of the Montreal Convention for flights to/from/over USA and Canada.
Liability for damage
The carrier is liable only for the damage incurred on its own line. The carrier who issued a ticker or boarded the luggage on a line of another carrier acts only as its agent.
Despite this, the passenger has the right to request indemnity in case of checked luggage from the first or last carrier.
The carrier is not responsible for damages on hand luggage or other items that the passenger is obliged to care for and protect unless such damage was caused by the fault of the carrier or when the carrier lost the ability to care for his hand luggage. If damage was caused by the collective fault of the passenger and the carrier, they will bear shared responsibility for their own part in the causation of the damage.
The carrier is liable up to the extent of actual damages, at most to the limitation of its liability. The carrier is not responsible for indirect damages or loss of profit.
The carrier is responsible for the loss or delay during the air transportation that was caused by its fault.
The carrier is not responsible for any damages or losses caused by natural events, death or actions of animals, such as biting, kicking, pricking or choking, or incorrect keeping of animals, or the inability of the animal to adjust to the various conditions of the air transportation.
The carrier is not responsible for the damages on brittle and fragile objects or perishable items, loss of money, jewelry, precious metals, medications, keys, video cameras, cameras and other electronic devices, bonds or securities and other valuable objects, business documents, passports and other identification documents that were in the passenger’s checked luggage, with or without the knowledge of the carrier. The carrier is not responsible for the damage on the passenger’s luggage that was caused by the contents of the luggage.
In case of transportation of a passenger whose age or physical and mental state represents a danger or risk to such person, the carrier will not be responsible for any kind of illness, injury or inability, including death, if such illness, injury or death are the consequence of the condition of this person.
The limitation of the carrier’s liability relates to all employees, agents and representatives of the carrier.
time LIMITATION on CLAIMS
The passenger is obliged to immediately report the damage caused to health, hand luggage and other personal property to the carrier.
If the luggage is damaged, lost or destroyed, or if it is late, the passenger must file a written complaint to the carrier as soon as possible. If the registered luggage is damaged, the passenger must submit a written complaint within seven days, and in case of a delay of luggage, within twenty-one days. In both cases, the deadline begins to run on the day the luggage was delivered to the passenger.
The right to reimbursement of damages expires 2 years from the day of landing at the place of destination or from the day of the interruption of the transport.
The complaints regarding denied boarding, transfer to a lower travel class or long delay are submitted exclusively to the air carrier who performed the flight in question. For this purpose, the passenger may use this form.
TERMS AND CONDITIONS – HOTEL ACCOMMODATION
These terms and conditions govern the relations between the tourist agency Marine Air d.o.o., VAT HR90789004458, Trg kralja Tomislava 2, Zagreb, as the intermediary agency (hereinafter: the Agency) and the travel signatory or the third party as the traveller, if the travel signatory concludes this contract on behalf of a third party as the traveller.
These terms and conditions of travel complement the special provisions of the contract between the Agency and the traveller, represent its integral part and oblige the signatory. In the case of discrepancy between the terms and conditions of travel and the provisions of the mutually concluded contract on travel mediation, the special provisions of the contract will be valid and applied. The expressions used in these terms and conditions of travel that have a gendered meaning apply equally to the male and female gender.
A travel signatory is a person who concludes this contract on its own behalf and for its own account, or on behalf of a third party. In the case of a conclusion of this contract in favour of a third party as the traveller, the passenger then acquires a personal and direct claim against the agency, which is obliged to fulfil what the travel signatory had contracted on behalf of the third party. The travel signatory guarantees and is responsible for the veracity and accuracy of all data given to the agency. The travel signatory also guarantees that the traveller/third party authorized him to deliver their personal data for the realization of the contracted travel/service and to accept all legal obligations arising from this contract and applicable legal regulations.
The contract on travel mediation is considered enforceable once the contracting parties sign it or clearly express their consent in some other way (internet, fax, email, providing the credit card number, making a payment to the giro account).
The Agency is obliged to provide the services to the traveller that have the content and features envisioned by this contract and to protect the rights and interests of the travellers, in accordance with the trade practices in this field. The Agency is responsible to the traveller for the damages caused by the failure to perform the services, partial performance of services or disorderly performance of services, up to the price amount of the contracted arrangement.
The intermediary agency is obliged to fully or partially terminate this contract with a unilateral statement if it does not receive the payment or part of the payment of the price of the service and/or documentation guaranteeing the payment of the remaining part of the price within the contracted deadlines. In this case, the traveller has no right to indemnification and compensation of possible visa expenses, insurance, vaccination and other similar expenses. The travel signatory is obliged also to cover the contracted fees as if he had cancelled the travel personally.
The traveller is obliged to timely inform the agency on all the facts regarding his health, habits, etc., that might influence the course of the travel (if he demands a certain type of diet for health or other reasons, suffers from a chronical illness, etc.).
The traveller is obliged to take over the travel documentation at the sales location at least 8 days before departure, unless the documentation was already delivered to him, or request the delivery of the documentation by mail. The damages that might occur because of the failure to take over the travel documentation on time will be borne exclusively by the traveller.
The traveller is obliged to ensure that his documents and belongings fulfil the requirements set by the carrier and prescribed by the border, customs, health and other regulations of his country and the country that he is travelling to. The Agency is not responsible for the decisions of the officials denying the transportation to the traveller or prohibiting the entrance into a certain country, nor for the expenses borne by the traveller in connection to this. The expenses related to the loss or theft of personal documents during travel are borne by the traveller. The traveller is obliged to observe the house rules of the catering and accommodation facilities and means of transport, as well as to cooperate with the service providers in good faith. In the case of non-observance of these obligations, the Agency waives all responsibility for the damages incurred, which will be paid by the traveller at the venue. During the travel, the traveller is obliged to observe the rules of personal safety that would be applied by a reasonable person. The Agency is not responsible for the actions of the traveller that concern his personal responsibility.
If during the travel the traveller issues an objection regarding the non-fulfilment or disorderly fulfilment of certain contracted services, he is obliged to observe the procedural instructions of the intermediary agency and cooperate with the agency’s representative and service provider so that the cause for objection may be remedied at the venue of the provision of the service. Immediately after noticing an omission at the venue of the provision of the service, the traveller should complain about the unsatisfactory service to the agency’s representative and/or the service provider. If the cause for objection cannot be remedied at the venue, the traveller is obliged to compile a written report with the agency’s representative and the service provider stating that the cause for objection could not be remedied and deliver the complaint to the agency within 8 days from the return from the travel. The signatory is obliged to explain the claims in the objection and provide appropriate evidence. The Agency is obliged to deliver its decision to the traveller within 15 days. For the agencies that are members of the UHPA – Croatian Association of Travel Agencies – the traveller may also, prior to initiating court proceedings, file an appeal with the Arbitration Commission of the UHPA.
In the case of a dispute, the parties that the applicable law and court jurisdiction will be determined according to the seat of the intermediary agency.
By accepting the contract, the signatory confirms that prior to the conclusion of the contract the agency delivered him the appropriate notice on the basic border, visa and health-related formalities connected to the travel and stay in the place of destination, as well as the time necessary to fulfil these formalities.
The Agency recommends to the traveller to acquire the travel insurance. By accepting the contract, the traveller confirms that he was offered travel insurance covering the expenses of contract termination by the traveller, injuries, illness, death and loss of luggage during the travel and stay, which also covers the expenses of aiding and returning the traveller to the place of departure in case of illness or death.
The accommodation schedule in the rooms, apartments or other accommodation facilities (hereinafter: the rooms) is determined by the reception desk of the accommodation facility in which the traveller is staying.
Unless the traveller had contracted a specific room or a room of specific dimensions or other features, he will accept any officially registered room for accommodation in a certain accommodation facility.
Unless otherwise is stated, the check-in is performed after 4 p.m. on the day of the commencement of use of the service and the room is vacated at latest by 10 a.m. on the last day of use of the service. Otherwise, the traveller is obliged to cover the possible additional expenses.
The hotels will keep the room reserved until 6 p.m. local time. If the guest plans to arrive at the hotel after 6 p.m., he must inform the agency on time. Otherwise, the hotel is authorized to put the room back on the market.
The terms of cancellation of the hotel accommodation are specified in each individual offer. If the guest cancels the reserved accommodation, the applicable cancellation policy for the specific offer will be applied.
For the resolution of all disputes that may arise in connection to these terms and conditions, the jurisdiction will belong to the competent court in the Republic of Croatia.