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General Travel Conditions

According to the Act on Providing Services in Tourism (OG 130/17) – https://narodne-novine.nn.hr/clanci/sluzbeni/full/2017_12_130_2982.html (hereinafter referred to as: Act), which adopts the:

1. Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27. 12. 2006)
2. Directive (EU) 2015/2302of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC (OJ L 326, 11. 12. 2015) (hereinafter referred to as: Directive (EU) 2015/2302), 

Mare Meum d.o.o. passes the following:

GENERAL TRAVEL AND PACKAGE ORGANISATION CONDITIONS

I. GENERAL PROVISIONS

Mare Meum d.o.o. turistička agencija i usluge, seated in Zadar, Ulica Sv. Bartula 47 23000 Zadar, (hereinafter referred to as: Agency), company’s Personal Identification Number: 69914033091, is registered for providing services in the tourism sector by the decision of the COMMERCIAL COURT IN ZADAR. The initial capital of the Agency amounts to HRK 20000, fully paid.

1. The most important terms of the named Act:
2. ‘travel service’ means:
3. a) traveller transport
4. b) accommodation which is not inseparable from the traveller transportation and is not intended for housing purposes
5. c) car rental, or the rental of any other motor vehicle with its own drive and at least four wheels with a speed of more than 25 km/h, or a motorcycle requiring a category A driver’s license
6. d) any other tourist service which is not inseparable from the travel service in the sense of sub-paragraphs a), b) or c) of this point
7. ‘package’ means a combination of at least two different types of travel services for the purpose of the same trip or holiday, if:
8. a) those services are being combined by one trader, amongst others at the request or according to the selection of the traveller, before a uniform contract on all services is concluded; or
9. b) irrespective of whether separate contracts are concluded with individual travel service providers, if those services are:
10. purchased at one point of sale and if they are selected before the traveller agreed to pay for them,
11. offered, sold or charged at a blanket or total price,
12. advertised or sold under the term ‘package’ or under a similar term,
13. combined after the conclusion of a contract by which a trader entitles the traveller to choose among a selection of different types of travel services, or
14. purchased from individual traders via linked on-line booking procedures when the trader whom the first contract was concluded with submits the name of the traveller, any payment information and the email address to the other trader or merchant, where the contract with the other trader or merchant is concluded no later than 24 hours after the booking confirmation of the first travel service
15. ‘package travel contract’ means a contract on the package as a whole or, if the package is provided under different contracts, all contracts covering travel services included in the package
16. ‘linked travel arrangement’ means at least two different types of travel services bought for the purpose of the same trip or holiday, not constituting a package, resulting in the conclusion of separate contracts with the individual travel service providers, if the trader:
17. a) allows the travellers a separate choice and separate payment for each travel service upon one visit to its point of sale or one contact with it or
18. b) allows a targeted purchase of at least one additional service from another trader if the contract with the other trader is concluded no later than 24 hours after the booking confirmation of the first travel service
19. ‘traveller’ means any person wishing to conclude a travel contract in a package travel or trip or a travel contract in a linked travel arrangement, or who is entitled to travel on the basis of a concluded travel contract in a package travel or excursion or a travel contract in a linked travel arrangement
20. ‘trader’ means any natural or legal person, irrespective of whether privately or publicly owned, who is acting, including through any other person acting in his name or on his behalf, for purposes relating to his trade, business, craft or profession in relation to contracts covered by this Act, regardless of whether he acts as an organiser, seller, trader providing a linked travel arrangement or as a travel service provider
21. ‘organiser’ means a trader who combines and sells or offers for sale a package, directly or through another trader or together with another trader, or a trader who provides information on a traveller to another trader in accordance with the provisions of the Act
22. ‘seller’ means a trader who is not an organiser, but who is selling or offering for sale packages combined by the organiser
23. ‘durable medium’ means any instrument which enables the traveller or the trader to store information addressed personally to him in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored
24. ‘extraordinary circumstances’ that could not be avoided means a situation beyond the control of a party invoking such a situation and the consequences of which could not be avoided even if all reasonable measures were taken
25. ‘lack of conformity’ means lack of or improper performance of the travel services included in a package.
26. ‘minor’ means any person under the age of 18
27. ‘consumer’ means any natural person who concludes a legal transaction or acts in a market outside his trade, business, craft or professional activity
28. ‘excursion’ means a combination of at least two individual services for the same travel or holiday, consisting of transportation or other tourist and hospitality services, and lasts less than 24 hours and does not include accommodation
29. ‘travel organising service’ means providing a combination of at least two different types of travel services that are offered as a package or excursion 
30. Non-disclosure of business secrets and personal data protection

The Agency shall keep any information acquired from the traveller as a business secret and shall not pass his personal data to third parties without his consent, except in cases prescribed by the law.

The Agency shall fully respect and implement the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and other related regulations, and passed the Declaration on the Protection of Personal Data of the Agency

The traveller provides personal information voluntarily and it is needed in the process of realising the required service. The Agency is committed not to provide personal data to third parties except for the purpose of realising the requested service. Exceptions to providing data to third parties are insurance companies that will forward personal information of the traveller if the traveller concludes a travel insurance policy. Personal data of the traveller will be kept in the Agency’s database and may be used for the purpose of marketing activities of the Agency. For all above mentioned, the Agency will acquire the traveller ‘s consent and act in accordance with its Declaration on the Protection of Personal Data. 

3. Pre-contractual information for excursions and packages 

The Agency shall provide the traveller with all pre-contractual information compliant with the Act, which shall make an integral part of the package travel contract, whereby they shall be amended with the agreement of the contracting parties, unless otherwise agreed by the contracting parties.

4. Package Travel Contract

The Agency and the traveller shall conclude a package travel contract in a written form and the Agency shall provide a copy of the contract or confirmation about the contract to the traveller on a durable medium, specifying the full content of the agreement of the contracting parties and any information the contract must contain in accordance with the Act.

The Agency shall provide the traveller with necessary receipts, vouchers and tickets, information on the anticipated departure time, registration deadline (if applicable), scheduled time of intermittent stops, traffic connections and arrival, before the scheduled package starts. 

5. Transfer of the package travel contract to another traveller

If a traveller wishes to transfer a package travel contract to a person who fulfils all the conditions applicable to this contract, he/she is obliged to notify the Agency on a durable medium and within a reasonable time before the package starts, but no later than 7 days prior to the start of the package, and with the solidarity of the transferor and the person to whom the contract is transferred for payment of the amount of the fee and for any additional fees, duties or other costs arising from the transfer of the contract.  

6. Modification of the agreed package price

The Agency may, after concluding a package travel contract, increase the contract price only if the contract explicitly determines the possibility of a price increase and the right of the traveller to reduce the price and the contract specifies how to calculate the price correction and if the price increase is the direct consequence of the change of:

(a) the cost of traveller transport resulting from the cost of fuel or other energy sources

(b) the amount of tax or fees for travel services covered by a contract determined by third parties not directly involved in the execution of the package, including tourist taxes, landing fees or charges for embarkation or disembarkation at ports and airports or

1. c) the exchange rates relevant to the package.

If the price increase exceeds 8% of the total package price agreed, point 7 of the General Terms and Conditions applies. 

7. Modification of other terms in the package travel contract

Prior to the start of the package, the Agency may unilaterally modify the terms of the package travel contract, except as mentioned in point 6 of the General Terms and Conditions, if such a right is provided for by the contract, if the change is insignificant and if the traveller is notified about the modification in a clear, understandable and easily visible way on a durable medium, where the traveller may, within a reasonable period specified by the Agency:

1. a) accept the proposed modification or
2. b) terminate the contract without paying compensation for termination of the contract.

The Agency is obliged to provide the traveller with the offer of an increase in the price of the package no later than 20 days before the start of the trip, and the offer of a modification to other terms of the contract until the beginning of the trip.

The traveller is committed to notify the Agency about his/her decision within a reasonable time specified by the Agency, and upon expiry of that time the contract shall be deemed terminated.

In the event of a cancellation of a package travel contract, the Agency shall, without undue delay and within 14 days of the termination of the contract, refund all payments made in favour of the traveller and compensate for any damages in accordance with the provisions of the Act. 

8. The right of the traveller to terminate the package travel contract and the right to cancel before the package starts

If a traveller terminates a package travel contract, the Agency will demand the traveller to pay a reasonable fee for the termination of the contract that can be justified.

The package travel contract will establish reasonable standard termination compensation fees based on the period between the termination of the contract and the start of the package and expected organiser cost savings and revenue from providing travel services to another user.

A traveller has the right to terminate a package travel contract prior to the start of the package without paying any compensation for termination of the contract in the event of a non-avoidable accident that occurred at or near the destination and which has a significant effect on the fulfilment of the package or which has a significant effect on the transportation of traveller to the destination. In case of a termination of the contract, the traveller is entitled to a full refund of all payments made for the package, however the traveller is not eligible for additional compensation.

The Agency is obliged to refund all payments made to the traveller, decreased for the appropriate compensation for the termination of the contract, without undue delay, and no later than 14 days after the termination of the package travel contract. 

9. The right of the organiser to terminate the package travel contract before the package starts

The Agency shall reserve the right to terminate the package travel contract prior to the start of the package if the Agency has been prevented in the performance of the contract by exceptional circumstances that could not have been avoided and if the Agency informs the traveller without undue delay about the termination of the contract prior to the start of the package.

The Agency also has the right to terminate the contract if the number of persons registered for the package is less than the minimum number of travellers specified in the package travel contract and if the Agency notifies the traveller about the termination of the contract within the period stipulated in the contract, but no later than:

– 20 days prior to the start of the package travel, if the trip lasts more than 6 days

– 7 days prior to the start of the package, if the trip lasts between 2 and 6 days

– 48 hours prior to the start of the package, if the trip lasts less than 2 days.

In case of termination of the contract for the reasons stated in this point, the Agency is obliged to fully refund all payments for the package to the traveller without any obligation to compensate the traveller, at the latest within 14 days of the termination of the contract. 

10. Correction of non-conformances in the execution of travel services included in the package travel

The traveller shall, without undue delay and taking the circumstances into account, notify the Agency of any non-conformance found during the performance of the travel service included in the package travel contract.

If any of the travel services was not carried out in accordance with the package travel contract, the Agency will correct this non-compliance upon request of the traveller, unless this is not possible or if the elimination of the non-compliance would cause disproportionate costs considering the scale of non-compliance and the value of the travel service the non-compliance affects.

If the Agency fails to correct the non-compliance for the reasons referred to in paragraph 2 of this item, the traveller shall be entitled to a reduction in the price and compensation of damage in accordance with the provisions of the Act.

II. SPECIAL PROVISIONS WITH PACKAGE TRAVELS

1. Own package travels and package travels of other organisers

The Agency provides all kinds of travel services in the package. Trips are organised in form of ready-to-travel packages or travel programs according to special requirements. 

The Agency as a travel organiser shall guarantee the implementation of the travel program according to the package described in accordance with the pre-contractual information and the contract and all its constituent parts. Except in the case of extraordinary circumstances (war, riots, strikes, terrorist actions, sanitary disorders, natural disasters, intervention by the competent authorities, etc.), the Agency’s program package will be executed in full and in a contractual and descriptive manner.

The Agency also sells as SUBAGENT programs of other travel organisers as intermediaries, and each package states the organiser of the travel package program as well as its general terms and conditions applicable to that package. 

A package shall be deemed to have been contracted upon signing the CONTRACT from point I.4. of these General Terms, and upon payment of the entire amount of the package price or part of the amount with indisputable payment of the remaining amount.

By signing the contract, or by paying the whole amount of the price of the arrangement or deposit, it is considered that the user of the package ACCEPTS AND FULLY ACKNOWLEDGES these General Terms and conditions as well as the terms of the contract in question and shall be the exclusive basis for the regulation of mutual rights and obligations.  

2. Registrations and payments

Registrations for packages are received on a special form on the Agency’s premises, via E-Mail or Website, and payments are made as follows: 

1. A) Upon registration, the traveller will pay 30% of the package price, and the remaining 70% of the amount is to be paid no later than 15 days before departure, except in cases where special travel conditions are stipulated or agreed upon or when the time is shorter than 15 days. 
2. B) For package travels of other organisers valid conditions to the general conditions / price list of the responsible organiser shall be used.  
3. Package contents and price

The contents of the package, i.e. the price of the same, includes everything the Agency as a travel organiser has included in the travel program. Special services are services that are not included in the price and are therefore paid by the traveller specially. These services should be requested at check-in and are charged on the package price. Optional and special services requested by the traveller during the travel period are paid to the travel manager or agent of the Agency in the currency of the country where the service is provided. 

Package prices are published in HRK or EUR. The Agency reserves the right to change the published prices in accordance with item I.6. of these General Terms.  

4. Change of program due to extraordinary circumstances

The Agency has the right to change the conditions / travel program if there are exceptional circumstances that cannot be foreseen, avoided or eliminated and will act in accordance with the Act and Item I.7. of these General Terms.   

5. Health Regulations

The Agency will inform the traveller of the general information on the health formalities of the destination country or country through which it is in transit. The Agency will not incur any damage to the traveller’s violation of the healthcare formalities.  

6. Cancellation of the trip by the traveller

If a traveller wishes to cancel the trip in the package he/she has to do this EXCLUSIVELY IN WRITING, and the provisions of the Act and point I.8 shall apply to the above-mentioned cancellation of these General Terms. The date of receipt of the written cancellation by the Agency shall constitute the basis for the calculation and collection of the costs incurred, and the traveller shall pay to the Agency from the total amount of the package price, as follows: 

PACKAGES 

– for a cancellation up to 30 days before the start of the trip 20% of the package price

– for a cancellation 29-22 days before the start of the trip 30% of the package price

– for a cancellation 21-15 days before the start of the trip 40% of the package price

– for a cancellation 14-08 days before the start of the trip 80% of the package price

– for a cancellation of 7 days to the day of departure 100% of the package price 

If the traveller cancels the arrangement, the above-mentioned term scale of the cancellation fee applies. Refunds to the user of the arrangement shall be made solely with the return of the original receipts / invoices of payment to the Agency and the signing of the receipt of the refund. 

The Agency is obliged to offer every traveller the possibility of contracting a travel insurance policy (accident insurance and illness on travel, baggage damage and loss, voluntary health insurance during time and residence abroad, travel cancellation insurance and insurance to cover the costs of assistance and returning the traveller to the starting point in the event of an accident and illness), and provide the traveller with information on the content of such insurance as well as the general terms and conditions of the insurance contract. This insurance cannot be paid at a later date than only when contracting the trip.  

When cancelling the arrangement, the Agency has no obligation to refund the costs of application for a visa and in case the traveller has paid for a travel insurance. The Agency commits to provide the traveller with all the documentation necessary to obtain the claims of the traveller to the insurance company, which relates to the agreed package. The Agency recommends that the traveller be given full knowledge of the terms of the travel insurance policy. 

III. OTHER RIGHTS AND OBLIGATIONS OF THE AGENCY AND THE TRAVELLER 

1. Obligations of the Agency

The Agency is obliged to take care of the quality of service provided in the field of tourism as well as the choice of service providers with the attention of a good businessman / organiser and to take care of the rights and interests of travellers in accordance with the Act, other applicable legal regulations and these General Terms.  

The Agency is obliged to issue appropriate travel documents to the traveller and aid in accordance with the Act and these General Terms and Conditions.   

2. Obligations of the traveller

The traveller shall be obliged to: 

• • have valid travel documents (personal documents) and submit them to the Agency when booking a trip. The costs of losing or theft of personal documents are borne by the traveller,  
• • observe the general information on the health formalities of the country of destination or the country in transit which the Agency has notified about. The Agency will not incur any damage to the traveller’s violation of the healthcare formalities,  
• • respect the customs and foreign currency regulations of the Republic of Croatia, as well as the destination country or country through which it is in transit, 
• • adhere to the house rules in all visited facilities and cooperate with service providers in good faith, 
• • refrain from behaviour that could jeopardize the safety and conduct of transport, interfere with or disturb other travellers or be the cause of their objection, 
• • inform the Agency of all objective and subjective circumstances that may significantly affect the uninterrupted realisation of the travel service, and comply with the instructions and cooperate with the Travel Manager and / or Agency representative,                                                       
• • upon start of the trip show the travel manager or the representative of the Agency a document about the paid package (original voucher, etc.), this item applies only to organised group travel. 

Non-compliance of documents and / or misrepresentation of personal travel documents leading to the cancellation of the trip or the inability to continue it shall not be binding on the travel organiser and the cancellation of the costs in accordance with point II. 6 of these General Terms and Conditions. 

In the event of non-compliance with any of these obligations, the traveller shall answer to the Agency for any damages incurred if the Agency is liable to it.  

3. Category and description of the services

Offered accommodation facilities, restaurants, means of transport, etc. are described according to official categorisation and all the available information that the Agency could come in accordance with the Act and with the attention of a good businessman or the highest expected diligence considering the standards of accommodation, services and other places and countries are different and not comparable. The information a traveller receives at a point of sale does not oblige the organiser to a greater extent than the information stated in the travel program. 

If the traveller has not specifically requested, or if a supplement is necessary, and if the traveller has not paid for a special category or form of transport or accommodation, he/she will accept the accommodation or place in the means of transport carrying out the package during the realisation of the package corresponding to the contractual conditions with the Agency. 

4. Travel Documents

If a visa is needed for entry into a particular country or country in transit, the Agency will inform the traveller of the need for visa clearance. The traveller shall collect and submit the necessary documentation for the visa to the competent embassy. The Agency shall, if necessary, issue a certificate of the reservation made by the traveller to the other documentation. The Agency does not guarantee the acquisition and validity of the visa. 

5. Luggage

Due to possible damage and baggage loss, the traveller is offered and recommends luggage insurance with the insurance company. The Agency is not responsible for damaged and lost luggage, nor for the theft of luggage or valuables at the hotel (rent a safe deposit box). The traveller shall notify the carrier or reception to the accommodation facility about the damaged and lost luggage, depending on where the damage or loss occurred. 

In the event of damage and loss of luggage during the transport of the same by the official means of transport used in the realisation of the package, claims in respect of damages shall be send only to the Carrier. In the case of theft – loss of baggage from the accommodation facility where the package is realised, the traveller shall realise his/her claims from the owner of the accommodation capacity. Exceptionally in cases where a traveller has concluded a policy of damages or loss of luggage through the Agency, the Agency will provide the necessary assistance in the compensation procedure through insurers, while the sole discretion of the insurer is to recognise or remedy the right to compensation, depending on the circumstances determined.

IV. RIGHT OF APPEAL OF THE TRAVELLER

The traveller/user of the service may file an objection or consumer complaint regarding the services provided directly to the Agency, by post, by E-Mail, and the Agency shall without delay acknowledge the reception of the objection or complaint.

The traveller/user of the service shall cooperate with the Agency in good faith in order to remove the causes of the objection or complaint and provide all the relevant documentation necessary to resolve them.

The Agency is obliged to provide written service to the beneficiary within 15 days of receipt of the objection or complaint.

V. AGENCY’S COMPULSORY INSURANCE POLICY

Insurance and insurer Information: 

LIABILITY POLICY NUMBER 804214739 valid until 27.02.2020.

SECURING SOCIETY “Euroherc osiguranje” D.D. Zagreb

Insurance policy for the package organiser 

Object of insurance: 

Package organiser’s liability insurance (according to Art. 53. of the Act about Liability for damage) 

Insurance of guarantees of tourist package travels (Art. 50. of the Law on Protection from Insolvency) 

In the event of the need to activate the insurance, the traveller is obliged to contact „TRIGLAV OSIGURANJE” D.D. as soon as possible, upon presentation of the package travel contract, and with the original copies of receipts / invoices for the benefit of the Agency for the purpose of collecting their claims. 

VI. APPLICATION OF JURISDICTION, JURISDICTION OF THE COURT AND SUPERVISION OF THE AGENCY

The resolution of all disputes arising under these General Terms shall be governed by the positive regulations of the Republic of Croatia, and for the resolution of such disputes the competent court of Split shall be competent. 

In all disputes between the traveller as consumer on one side and the Agency or other service provider on the other, a traveller may file a motion to initiate a dispute settlement procedure in accordance with the Consumer Dispute Act.- https://www.zakon.hr/z/897/Zakon-o-alternativnom-rje%C5%A1avanju-potro%C5%A1a%C4%8Dkih-sporova  

Administrative review over the implementation of the Act and the regulations issued on the basis of the same is done by the Ministry of Tourism, Prisavlje 14, 10000 Zagreb. 

Državni inspektorat, Turistička inspekcija (State Inspectorate, Tourist Inspection), Šubićeva 29, 10000 Zagreb, carries out the inspection supervision over the implementation of the Act and regulations passed on the basis of the same and individual acts, conditions and manner of supervised legal and natural persons according to the Act. 

Contact point for administrative cooperation and supervision of the Agency – http://www.mint.hr/   

VII. EMERGENCY NUMBERS 

In case of an emergency, travellers can reach the Agency via the emergency phones of the Agency: 

+385 (0)99 353 1611. 

FOR ALL CASES WHICH ARE NOT DEFINED IN THIS GENERAL CONDITIONS, THE PROVISIONS OF THE ACT ON THE PROVISION OF SERVICES TO TOURISM, THE LAW ON COMPULSORY RELATIONS AND OTHER VALUE LEGAL PROVISIONS SHALL APPLY. 

These General Terms and Conditions shall enter into force and apply on 30 January 2020.