General business conditions

1. GENERAL PROVISIONS

These General Terms and Conditions (hereinafter referred to as: General Terms and Conditions) are an integral part of the Package Travel Agreement (hereinafter referred to as: Agreement) concluded between the Agency as the travel organizer on the one hand and the Travel Organizer (hereinafter referred to as: the Organizer) on the other hand.

In addition to these General Terms and Conditions, the Package Travel Program (hereinafter referred to as: Travel Program) also forms an integral part of the Agreement. When specified in the Agreement and/or the Travel Program, the Special Terms and Conditions (hereinafter referred to as: Special Terms and Conditions) also form an integral part of the Agreement, in addition to these General Terms and Conditions.

In the event that the Contract and/or the Travel Program and/or the Special Conditions stipulate otherwise regarding any of the points of these General Terms and Conditions, the provisions of the Contract shall apply in that order, then the Travel Program, then the Special Conditions and finally the General Terms and Conditions.

These General Terms and Conditions apply only to package arrangements in which the Agency is the organizer. Therefore, these General Terms and Conditions do not apply in the event that the Agency mediates and/or sells the services of other travel agencies. In the event that the Agency mediates and/or sells the services of other travel agencies, the responsible travel organizer will be indicated in the Contract and the general terms and conditions of that organizer will apply, which the Agency will make available to the Contracting Party. The General Terms and Conditions of the Agency are deemed to apply unless otherwise specified in the Contract.

The terms used in these General Terms and Conditions and having a gender meaning refer equally to the feminine and masculine gender. At the same time, all terms used in these General Terms and Conditions apply to the singular as well as the plural forms of these terms. The meaning of individual terms as defined in these General Terms and Conditions also applies when these terms are used in other documents and/or instruments of the Agency, unless otherwise specified in such documents and/or instruments.

2. DEFINITIONS AND MEANING OF BASIC TERMS

Certain terms within the meaning of these General Terms and Conditions have the following meaning:

“Agency” means the travel agency FESHTA EVENTS d.o.o., with its registered office at HEGEDUŠIĆEVA 14, Zagreb, Croatia, registered in the court register of the Commercial Court in Zagreb under MBS: 05869943, OIB: 19418237965.

“Act and/or ZPUT” means the Act on the provision of services in tourism (Official Gazette 130/17, 25/19, 98/19, 42/20, 70/21) and with all its potential amendments in the future.

“Travel program” means a document that forms an integral part of the Agreement and that contains pre-contractual information for package arrangements, especially from Art. 29. paragraph 1. t. a), c), d), e) and g) of the Act. In addition to the above, the Travel Program may contain other information that the Agency considers useful.

“Contractor” means any entity that wishes to conclude and/or has concluded a Contract with the Agency for its own benefit and/or for the benefit of one and/or more Passengers.

“Traveler” means any person who, based on a concluded Contract, exercises the right to travel under that Contract.

“General Terms and Conditions” means these General Terms and Conditions and means a set of pre-prescribed business conditions that apply to the Agency’s package arrangements.

“Special Conditions” means a set of pre-prescribed business conditions which, in addition to the General Conditions, apply to the Agency’s package arrangements in relation to travel to individual destinations and/or a particular type of travel, when their application is specified in advance in the Travel Program and/or the Contract.

The date of delivery/receipt of any notice/information to be received by the Agency shall be deemed to be exclusively the date on which the Agency receives the notice/information in writing or by using other means that have the character of a durable data carrier. If the Contracting Authority delivers the notice/information by post, the letter must be delivered by registered mail with return receipt.

The terms used in these General Terms and Conditions have the meaning set forth by Law and/or shall be interpreted in accordance with Law, unless expressly provided otherwise in these General Terms and Conditions.

3. TRAVEL PROGRAM

The Agency, as a travel organizer, guarantees the implementation of the Travel Program according to the description in the program it organizes and which is published on the website www.byndtravel.com. The Agency will implement the content of the program in full and in the manner described, except in the event of extraordinary circumstances (e.g., but not limited to, war, riots, strikes, terrorist activities, sanitary disturbances, natural disasters, traffic accidents, sudden and unusual traffic jams, interventions by the competent authorities, situations beyond the control of the Agency, disruptions in the schedule and delays of means of transport, weather conditions, epidemics, pandemics, etc.). Exceptionally, certain destinations require adjustments and improvisations on the ground, therefore the Travel Program may differ from the published one when implemented.

Unless otherwise specified, all conditions specified in the Travel Program regarding regulations on travel documents, visas, foreign exchange, border, customs and health regulations, etc., apply exclusively to Croatian citizens. Citizens of other countries have the right to travel with the Agency, subject to the conditions prescribed by the countries of departure, transit and destination, taking into account their citizenship. Before applying for a package tour reservation, foreign citizens are required to check all travel conditions.

4. REGISTRATION AND CONCLUSION OF THE CONTRACT

Ugovaratelj može svoj upit i/ili prijavu za rezervaciju paket-aranžmana iz ponude Agencije dostaviti Agenciji putem web stranice www.byndtravel.com, elektroničkom poštom, telefonom i/ili putem prodajnih kanala ovlaštenih turističkih agencija posrednika koje nude paket-aranžmane kojih je Agencija organizator.

Upon submitting an application for the reservation of a package tour, the Contracting Party is obliged to provide the Agency with all accurate information and submit the documents of the Contracting Party / all Travellers required for the organization and realization of the trip. The provided information and documents must correspond to the valid personal documents of the Contracting Party / Travellers that will be used during the realization of the trip.
The Agency shall not be liable for the receipt, use and/or forwarding of incorrect or incomplete information and/or documents of the Contracting Party / Travellers. The Contracting Party who, at the time of application, fails to provide the Agency with accurate and/or complete information and/or documents of the Contracting Party / Travellers shall be liable for all consequences and costs arising from the use of incorrect and/or incomplete information and/or documents.
In the event that incorrect or incomplete information and/or documents of the Contracting Party / Travellers are submitted, the Agency may terminate the Contract with the same effect as if it had been terminated by the Contracting Party and may claim from the Contracting Party reimbursement of all incurred costs and damages.
If the Contracting Party fails to provide the information and/or documents in accordance with the terms and deadlines of the Contract, it shall be deemed that the Contract has been terminated by the Contracting Party, in which case the provisions governing termination by the Contracting Party shall apply.
In the event of any change to the information of the Contracting Party / Travellers required for the organization and realization of the trip and/or to the documents that the Contracting Party / Travellers will use during the realization of the trip, the Contracting Party shall be obliged to promptly provide the Agency with the updated information and/or documents. Otherwise, it shall be deemed that incorrect information and/or documents have been provided, and the rules applicable to the submission of incorrect information and/or documents shall apply.

Upon application for a package tour reservation, the Contracting Party and the Agency will conclude a Contract, which also serves as a confirmation of the reservation. The Contract is considered concluded when the Contracting Party and the Agency sign it or otherwise clearly and unambiguously confirm their agreement using means that have the character of a permanent data carrier (via the website www.byndtravel.com, by e-mail, or by making a credit card number available, by payment to an account, etc.). The Contract produces legal effects and binds the Agency only if and when the Agency, according to the given offer, within the deadline specified by the Agency, receives from the Contracting Party to its business account the amount of the advance payment specified in the Travel Program, or if the same is not specified, at least 30% of the reservation value. If the Contracting Party does not make the advance payment according to the submitted offer and in accordance with the specified conditions, it will be considered that he has canceled the application for a package tour reservation.

By concluding the Contract, the Contracting Party confirms that he/she is fully familiar with all the characteristics of the selected trip, and that he/she fully understands and accepts the Contract, the Travel Program, the Special Conditions (if applicable) and these General Terms and Conditions. If the Contracting Party is arranging a trip for another Traveler/Travelers, by concluding the Contract, he/she confirms that he/she has fully familiarized the Traveler/Travelers with all of the above, and guarantees that they fully understand and accept the Contract, the Travel Program, the Special Conditions (if applicable) and these General Terms and Conditions. The Contracting Party undertakes to inform the Traveler/Travelers of all additional information received in further contact with the Agency.

The Contracting Party is obliged to pay the remaining amount of the total price of the package arrangement to the Agency no later than 30 days before the start of the trip, unless otherwise specified in the Contract. If the remaining amount of the total price of the package arrangement is not paid within the agreed period, it will be deemed that the Contracting Party has terminated the Contract, which will result in the Contracting Party’s obligation to pay the Agency the agreed fee for terminating the Contract.

Unless otherwise specified, for individual travel inquiries, the Agency may charge a fee for making an offer. If the offer is accepted, the amount charged will be deducted from the total price of the package arrangement. In the event that the Contractor does not accept the prepared offer, the Agency retains the amount charged to cover the costs of preparing the offer.

5. PAYMENT

Unless otherwise provided by the Contract, Travel Program and/or Special Conditions (if applicable), the Contracting Party may pay for the Agency’s services by bank transfer to the Agency’s business account, using credit/debit cards accepted by the Agency.

All costs, fees and commissions incurred in connection with monetary transactions and/or card payments are borne by the Contracting Party.

The day of payment is considered the day when the payment by the Contracting Authority is recorded in the Agency’s business account.

Correct and timely payment of all costs according to the terms of the Contract, Travel Program, Special Conditions and/or these General Conditions, guarantees the Contractor/Traveler an available place on the selected trip. In the event of failure to fulfill this obligation, the Contractor shall be deemed to have terminated the Contract, and the provisions applicable in the event of termination of the Contract by the Contractor shall apply.

6. PRICE AND CONTENT OF THE PACKAGE ARRANGEMENT

The price of the package-arrangement is determined by the Travel Program and is highlighted in the Agreement, and it includes the Agency’s services, which are listed in the Travel Program under the section “The price of the package-arrangement includes”. The prices of the services must be added to the price of the package-arrangement under the section “Mandatory supplement”.

Unless otherwise agreed, the price of the package arrangement does not include additional services, such as optional (optional) excursions and visits, tickets, costs of obtaining and issuing visas, costs of vaccinations and/or tests and/or additional documentation required for entry into, stay in, or exit from a particular country, insurance costs related to the trip (travel insurance), all types of special services (single room, special meals, etc.) as well as all other services that are not included in the individual travel program the price of the package arrangement. All such additional and/or special services that the Contractor/Traveler chooses, he is obliged to pay additionally to the Agency according to their indicated price.

The prices of the package arrangements are published in the currency applicable in the Republic of Croatia, and are calculated according to the prices of services in reference currencies at the middle exchange rate of the Agency’s commercial bank on a given day. The prices of the package arrangements are valid from the date of publication of the Travel Program.

The prices stated in the Travel Program are based on prices agreed between the Agency and its suppliers/service providers, and therefore may not correspond to the prices stated at the destination that is the subject of the trip. The Agency is not obliged to explain the costs and the method of calculating the price of individual services.

By concluding the Contract, the Contracting Party confirms that he is aware of the fact that the price of the package arrangement may be different for other Contracting Parties, and due to the Agency’s actions and promotions, aimed at improving the sale of the package arrangement and filling vacancies (e.g. special offers called “First minute”, “Last minute”, etc.). The Contracting Party who has paid for the package arrangement at the full price is not entitled to a refund of the difference in the price of the package arrangement.

All applicable discounts are expressly stated in the Contract. Possible discounts and benefits are always mutually exclusive and never cumulative, and in that case the Contracting Party may choose the discount or benefit that suits him best and for which he meets the conditions. The discount is calculated exclusively on the part of the price without mandatory or additional surcharges, i.e. on the part from which tourist taxes, airline taxes, port taxes, or similar, or additional or special services (meals, excursions, transportation, etc.) are excluded.

The Agency does not approve a refund of the Contractor’s/Traveler’s funds for any contracted service that the Contractor/Traveler did not use through their own decision or fault.

After concluding the Contract, the Agency may increase the agreed price no later than 20 days before the start of the trip, if the price increase is a direct result of a change:

• passenger transport prices resulting from the costs of fuel or other energy sources
• the amount of taxes or charges for travel services covered by the contract that are determined by third parties not directly involved in the performance of the package, including tourist taxes, landing fees or embarkation or disembarkation fees at ports and airports
• exchange rates relevant to the package deal
• prices of accommodation, food and/or other services

The price increase is calculated in the same percentage as the change in the aforementioned calculation elements.

If it is an increase of the agreed total price of the package-arrangement by up to 8%, the Agency can implement the increase unilaterally, but it will inform the Contractor about this through a permanent data carrier in a clear and understandable way, with an explanation of the increase and a calculation.

The Contracting Party shall be entitled to a price reduction corresponding to any reduction in costs related to the above-mentioned elements in respect of which an increase in the agreed price may be requested, and which occurs after the conclusion of the Contract and before the start of the package arrangement. In the event of a price reduction, the Agency shall be entitled to deduct from the amount of the refund due to the Contracting Party the administrative costs actually incurred.

If the increase in the agreed total price of the package arrangement is greater than 8%, the Contracting Party has the right to terminate the Contract. In such a case, the Contracting Party has the right to a refund of the amount paid without the right to compensation for damages and any costs of visa, insurance, vaccination, etc. The Agency will notify the Contracting Party of such an increase (greater than 8%) in a clear and understandable manner via a durable medium, with an explanation of the increase and the calculation, and instruct the Contracting Party to indicate in the same manner within 2 days of receiving the written notification whether it accepts the proposed change or terminates the Contract. If the Contracting Party does not submit a written notification of termination of the Contract to the Agency within 2 days of the Agency’s written notification of the price increase, it shall be deemed that it agrees with the price increase.

Airfares are subject to change until the date of ticket issuance.

7. CATEGORIZATION AND CHARACTERISTICS OF SERVICES FROM THE PACKAGE ARRANGEMENT

The accommodation facilities, restaurants, means of transport and other services offered in the Travel Programmes are described according to the official categorization of the country being visited, valid at the time of issuing the Travel Programme. The standards of accommodation, food, means of transport, as well as other services offered by different service providers are under the supervision of local tourist boards, and the standards of these services vary between countries and are not comparable. The Agency does not assume responsibility for oral or written information that is not in accordance with the description of services and facilities in the published programmes, and that is obtained from a third party.

Unless otherwise specified, the price of a package includes economy class airfare and accommodation in standard double rooms. The price of each package is valid for one person and for accommodation in a standard double room shared by two people. Unless otherwise specified, individual use of accommodation during the trip is possible at an additional cost.

If the Contractor/Traveler does not pay extra for an accommodation unit with special characteristics (e.g. sea view, balcony, specific floor, orientation, etc.) when applying for a package-arrangement reservation, he will be accommodated in one of the accommodation units that are officially registered for the accommodation of guests in the accommodation facility. The arrangement by accommodation units is the sole responsibility of the accommodation facility. The Agency can convey the wishes of the Contractor/Traveler to the accommodation facility, but in no way guarantees or is responsible for their fulfillment.

Accommodation in single rooms does not meet the standard of a double room.

If the Contracting Party/Traveler uses a triple or quadruple room in an accommodation facility, the accommodation facility will most often rent a double room with an extra bed or a room with two double beds to accommodate four people. The quality of the extra bed depends entirely on the accommodation facility. The Agency is under no circumstances responsible for the quality of the extra bed, so any dissatisfaction of the Contracting Party/Traveler arising from these reasons cannot be the subject of a complaint.

According to the airline’s rules, regarding group travel, the Agency is not able to perform online check-in of passengers for the flight. For each trip, the Agency submits to the airline a list of Passengers with indications of individual couples within the group, as well as special requests of the Passengers. The Agency is not authorized to make a seating arrangement on the aircraft, but this is the exclusive responsibility of the airline. In the event that couples do not sit together, it is possible to request a seat change during check-in at the airport. The tour leader or another representative of the Agency can assist the Passenger in this, but the Agency is in no way responsible in the event that it is impossible to change seats. The Contractor/Passenger can submit their complaint exclusively to the direct service provider, the airline.

8. ADDITIONAL AND SPECIAL SERVICES

Additional services are services that, as a rule, are not included in the basic price of the package arrangement, such as services of optional (optional) excursions and visits, tickets, obtaining and/or mediation in obtaining visas and/or other documents necessary for entry into, stay in, or exit from a particular country, mediation in obtaining travel-related insurance (travel insurance), all types of special services (single room, special meals, higher category accommodation facility, etc.). This enumeration does not finalize the total list of possible additional and special services related to a particular trip. Unless otherwise specified, additional and/or special services can only be booked when booking a package deal.

The travel program will determine the additional services that the Agency is able to provide to the Contractor/Traveler as part of a particular trip, as well as the prices of these services.

Additional services provided for in the Travel Program can be booked by the Contracting Party when applying for a package arrangement reservation.

The Contracting Party is obliged to request/check the availability or possibility of providing all types of special services (single room, special meals, higher category of accommodation, etc.), as well as services not provided for in the Travel Program, before applying for a package arrangement reservation.

Unless otherwise specified, the costs of reserved additional and special services are settled in accordance with the terms and conditions of payment of the basic price of the package arrangement.

For certain additional and special services, it may be specified that they are paid only upon arrival at the destination.

Unless otherwise specified, the selection and/or change and payment for additional services can be made no later than 15 days before the start of the trip.

The Agency is not responsible for changes in the prices of additional services by suppliers/service providers that occur after their publication as part of the Travel Program, in which case it reserves the right to correct them.

As part of trips organized by the Agency, it is not permitted to use the services of other unverified local agencies at the destination, solely for safety reasons for the Contractor/Traveler. The Contractor/Traveler is solely responsible for any possible damages and/or costs that may arise from such actions, both towards the Agency and towards other Travelers and third parties.

The Agency may, in the Travel Program, or at the request of the Contractor/Traveler sent before the start of the trip or during the trip, recommend certain additional services at the destination, which the Contractor/Traveler pays for on the spot. In such a case, the Agency does not act as an organizer or intermediary, regardless of any assistance that the tour leader and/or other representative of the Agency may provide to the Contractor/Traveler in obtaining such services, but only as an informant. In such a case, the Contractor/Traveler may submit complaints only to the direct service provider.

The Contractor will be informed of the prices of all additional services from the Travel Program prior to the trip.

Unless otherwise specified, the Contracting Party/Traveler is free to independently select the additional services they wish to use.

During the free time during the trip, the Contractor/Traveler is free to use that time for his own programs. If the Contractor/Traveler wants to separate from the group for any reason, he must notify the tour leader or other representative of the Agency in advance. If the Contractor/Traveler is late for any group appointment, the tour leader or other representative of the Agency and the group are not obliged to wait for him. All consequences arising from the Contractor/Traveler’s delay are the sole responsibility of the Contractor/Traveler.

Outside of the official Travel Program, there is no obligation for the tour leader or other representative of the Agency to spend time with the Contractor/Traveler. Notwithstanding this provision, the tour leader or other representative of the Agency will in all situations endeavor to accommodate the Contractor/Traveler.

9. TRANSFER OF THE CONTRACT

Before the start of the trip, the Contracting Party may transfer the Contract to another Traveler who meets all the conditions applicable to that Contract, with the additional condition that such a change is possible and/or permitted by the supplier/provider of services included in the package arrangement.

The Contracting Party is obliged to notify the Agency of the intended transfer of the Contract in writing, or on a durable data carrier, no later than 15 days before the start of the trip.

The Contracting Party and the Traveler to whom the Contract has been transferred are jointly and severally liable to the Agency for all payments pursuant to the Contract, as well as for any additional fees, charges and/or other costs arising from the transfer of the Contract.

The Agency will inform the Contractor and the Passenger to whom the Contract is transferred about these possible additional fees, fees and/or other costs.

10. CHANGES TO THE CONTRACT/TRAVEL PROGRAM

After the conclusion of the Contract and before the start of the trip, the Agency may unilaterally change the terms of the Contract, if it is an insignificant change, of which it will inform the Contracting Party on a durable medium. An insignificant change is considered any change that does not significantly change the main characteristics of the travel services, does not reduce the quality and/or value of the package arrangement, nor does it cause significant inconvenience and/or additional costs for the Contracting Party/Traveler.

If, after the conclusion of the Contract and prior to the commencement of the trip, the Agency is compelled to significantly alter any of the main characteristics of the travel services or is unable to fulfil the agreed special requirements of the Contracting Party / Travellers, it shall notify the Contracting Party thereof without undue delay on a durable medium. The notification shall include a description of the proposed changes or, where applicable, an alternative package tour that the Agency may offer to the Contracting Party.
Unless otherwise stated in the notification, the Contracting Party shall be obliged, within 2 days of receipt of the notification, to declare—using the same means by which the notification was received—whether they accept the proposed changes or terminate the Contract. If the Contracting Party fails to notify the Agency of the termination of the Contract within 2 days of the Agency’s notification, it shall be deemed that the Contracting Party has accepted the changes or the alternative package tour, unless otherwise specified in such written notification.
If the changes or the alternative package tour result in higher quality and/or value of the package tour and/or a higher price/additional costs, the notification shall include information thereof, and the Contracting Party shall be obliged to pay the price difference. If the changes or the alternative package tour result in lower quality or a lower price, the Contracting Party shall be entitled to an appropriate price reduction.
Upon receipt of the notification, the Contracting Party shall have the right to terminate the Contract. In such case, the Contracting Party shall be entitled to a refund of the amounts paid, without entitlement to compensation for damages or reimbursement of any visa, insurance, vaccination costs, or similar expenses.

The Agency reserves the right to change the day or time of travel due to changes in flight schedules or the occurrence of extraordinary circumstances, the right to change the travel route if travel conditions change (including amended flight schedules, security situations in a specific country, natural disasters, or other circumstances beyond the Agency’s control), as well as the right to change aircraft types and carriers, all without the Contracting Party / Travellers being entitled to compensation for damages and/or reimbursement of any additional costs and/or a price reduction, in accordance with applicable domestic and international transport regulations.
The Agency shall not be liable for delays of aircraft, ships, buses, or trains (or other means of transport), nor for programme changes, unused services, incurred costs and/or damages resulting from such delays. In the event of such circumstances, the Contracting Party / Travellers shall address any potential claims or complaints directly to the relevant service provider.
In the event of a delay of a connecting flight resulting in the missed main flight, the airline shall be solely responsible. For any irregularities in air transport, the Agency cannot provide assistance, and the Contracting Party / Travellers must submit any claims or complaints directly to the airline.
In the event of flight overbooking, the Contracting Party / Travellers shall be obliged to cooperate with the airline’s representatives and attempt to find an appropriate solution together with them, as the airline shall be solely responsible for such circumstances.
The occurrence of any of the above situations shall not be considered a modification of the Travel Programme provided that arrival at the destination or return from the destination takes place within two (2) days of the scheduled departure date or return date, as the first two days and the last two days of the trip are intended exclusively for transfer and not for leisure.

The Agency is not responsible for changes to the Travel Program due to extraordinary circumstances that occurred during the realization of the trip. In such a case, all costs incurred shall be borne by the Contracting Party/Traveler. Exceptionally, in the event of a change to the Travel Program due to extraordinary circumstances that occurred during the realization of the trip, the Agency may only be responsible for those costs incurred in relation to which the Contract expressly stipulates that the Agency will bear them in such circumstances. In the event of a change to the Travel Program due to extraordinary circumstances that occurred during the realization of the trip, the Contracting Party/Traveler shall not be entitled to a refund or any compensation for the services consumed.

In the event of a need to change the Travel Program during the implementation of the trip, which cannot be attributed to extraordinary circumstances, the Contracting Party/Traveler is not entitled to a refund or any compensation for the services consumed.

In case of necessity to change the contracted accommodation facility during the realization of the trip, the Agency may, without any restrictions and/or consequential obligations for it, replace it with an accommodation facility of the same or higher category and at the expense of the Agency, in which case the Agreement, with regard to the accommodation service, is considered fulfilled in its entirety. If in such a situation there is only the possibility of exchange for an accommodation facility of a lower category, the Contractor/Traveler shall exercise the right to an appropriate price reduction (the difference between the price of the contracted accommodation facility and the replacement accommodation facility).

The Agency bears no responsibility if individual activities and contents that depend on weather conditions (for example, but not exclusively, lack of snow, low sea temperature, precipitation, etc.), natural phenomena (for example, but not exclusively, sea blooms, tides and/or ebbs, occurrences of insects, jellyfish, etc.) or natural movement of wild animals cannot be realized in accordance with the expectations of the Contracting Party/Traveler.

The Agency reserves the right, in its entirety and without any limitations and/or consequential obligations, to change the tour schedule during the trip at the discretion of the tour leader and/or other Agency representative. The Travel Program will be considered to be fully completed if it is completed by the end of the trip.

11. TERMINATION OF THE CONTRACT BY THE CONTRACTOR

From the conclusion of the Contract until the start of the trip, the Contracting Party may terminate the Contract and thus cancel the trip. In order to terminate the Contract, the Contracting Party is obliged to submit a written notice of termination of the Contract to the Agency on a durable medium, and the Contract is considered terminated only on the day the Agency receives the written notice.

In case of termination of the Agreement by the Contractor or his cancellation of the trip, the Agency has the right to charge a standard fee for termination of the Agreement in the amount determined according to the date on which the Agency received the written notice of termination.

Unless otherwise specified, the amount of compensation is determined as follows:

Travel within the European Union

• up to 30 days before the start of the package, 40% of the total package price
• 29 to 22 days before the start of the package, 50% of the total package price
• 21 to 15 days before the start of the package, 80% of the total package price
• 14 to 0 days before the start of the package, 100% of the total package price
• “no show” situation, 100% of the total package price

Long-distance travel (all travel outside the European Union)

• up to 90 days before the start of the package, 50% of the total package price
• 89 to 61 days before the start of the package, 80% of the total package price
• 60 to 0 days before the start of the package, 100% of the total package price
• “no show” situation, 100% of the total package price

Day trips (trips outside of a package trip)

• up to 7 days before the start of the excursion, 50% of the total excursion price
• from 6 to 0 days before the start of the trip, 100% of the total trip price
• “no show” situation, total price of the trip

Regardless of all the above percentages, if the actual costs incurred as a result of the termination of the Contract are higher than the prescribed fee, the Agency reserves the right to charge the actual costs incurred.

Unless otherwise specified, the provisions of this chapter of the General Terms and Conditions apply equally to changes in the date of departure and the accommodation facility, i.e. the type of accommodation unit, as well as to all other significant changes made by the Contractor.

The contracting party is not entitled to a refund of the costs of any visas, insurance, vaccinations, etc.

If the Contracting Party/Traveler does not appear at the agreed location at the agreed time on the day of the start of the trip (“no show”), it will be considered that he/she has terminated the Contract and the Agency will apply a fee of 100% of the total price of the package/excursion.

The Contracting Party/Traveler has the right to terminate the Contract before the start of the package tour without paying any termination fee in the event of unavoidable extraordinary circumstances that occur at the destination or in its immediate vicinity and that significantly affect the fulfillment of the package tour or that significantly affect the transportation of passengers to the destination.

If the Contracting Party/Traveler wishes to cancel the trip during the trip, he/she may do so by submitting a written notice to the Agency, and the termination of the Contract shall take effect from the moment the Agency receives the written notice. In such a case, the Contracting Party/Traveler is not entitled to any refund, but is subject to a 100% fee of the total price of the package/excursion. The same criteria apply in the event that the Contracting Party/Traveler wishes to change the Travel Program at his/her own request. The Contracting Party/Traveler is solely responsible for any costs and/or damage that may arise, both to the Agency and to other travelers and/or third parties.

Unless otherwise specified, in the event of cancellation of a trip contracted on the basis of an individual reservation (individual trips), regardless of the date of cancellation and all the percentages stated above, the Contracting Party is obliged to pay the Agency a compensation in the amount of 100% of the total price of the individual package arrangement/excursion.

In order to potentially reduce the risk and consequences of the potential need of the Policyholder/Traveler to terminate the Agreement, the Agency suggests that the Policyholder/Traveler conclude a travel insurance policy. If the Policyholder/Traveler, directly or through the Agency, contracts with an insurance company for travel cancellation insurance, the same has the right to a refund of the paid compensation funds directly from the insurance company, but exclusively according to the terms of the contracted insurance policy. The Agency specifically emphasizes, regardless of whether the insurance policy is contracted directly or through the Agency, that all terms and conditions of the insurance policy are directly contracted between the Policyholder/Traveler and the insurance company, and the Agency bears no responsibility for any objection and/or non-recognition of rights by the insurance company towards the Policyholder/Traveler based on his request for payment under the contracted insurance policy.

12. TERMINATION OF THE CONTRACT BY THE AGENCY

The Agency may terminate the Agreement before the start of the trip, in which case it will return the payments received for the package arrangement to the Contractor, without any obligation to compensate the Contractor/Traveler for damages and/or any other payments if the number of persons registered for the package arrangement is less than the minimum number specified in the Travel Program. The Agency will inform the Contractor about this within the deadline established in the Agreement, and if the deadline is not specifically indicated, no later than:

• 20 days before the start of a package for trips lasting more than six days
• seven days before the start of a package for trips lasting between two and six days
• 48 hours before the start of a package for trips lasting less than two days.

If a sufficient number of passengers is not registered for the package arrangement, the Agency reserves the right, if the conditions of the individual package arrangement allow it, to realize the trip with a smaller number of passengers than the prescribed minimum. If it is necessary to recalculate the price, the Agency will submit a new price offer to the registered Contractors/Passengers based on the calculation.

The Agency may terminate the Agreement before the start of the package arrangement and return the payments received for the package arrangement to the Contractor, without any obligation to compensate the Contractor/Traveler for damages and/or any other payments if the Agency is prevented from executing the Agreement by extraordinary circumstances that could not be avoided, and of which the Traveler will be informed without undue delay before the start of the package arrangement.

If the Agency is forced to terminate the Contract during the implementation of the trip, the Contracting Party has the exclusive right to a refund of funds relating to the unused portion of the contracted services.

In any case of termination of the Contract by the Agency, the Contracting Party is not entitled to a refund and/or collection of any costs incurred for travel insurance, visas, preparation of other documentation necessary for entry into, stay in and/or exit from a particular country, vaccinations, testing, costs, fees and commissions incurred in connection with monetary transactions and/or card payments, etc.

The Agency may terminate the Contract during the implementation of the trip if the Contractor/Traveler’s actions endanger, hinder or prevent the regular implementation of the Travel Program and/or cause damage to the Agency, service providers, Travelers and/or third parties. In such a case, the conditions applicable to termination of the Contract by the Contractor shall apply and the Agency reserves the right to claim damages from the Contractor/Traveler.

13. AGENCY OBLIGATIONS AND RESPONSIBILITIES

IN GENERAL

The Agency is responsible for the implementation of the Travel Program, i.e. for the proper execution of all travel services from the package arrangement that the Contracting Party has contracted with the Agency. The Agency is liable for any non-fulfillment, partial fulfillment and/or improper fulfillment of the service resulting from the package arrangement, except when the Contract, Travel Program, Special Conditions, these General Conditions and/or positive regulations state that the Agency is not liable.

OBLIGATION TO OFFER INSURANCE

The Agency is obliged to offer the Contracting Party/Traveler insurance against the consequences of an accident and illness during travel, damage and loss of luggage, voluntary health insurance during the trip and stay abroad, insurance in the event of trip cancellation and insurance that covers the costs of assistance and the return of the traveler to the place of departure in the event of an accident and illness, and to make available information on the content of such insurance and the general terms and conditions of the insurance contract.

By paying the advance, the Contracting Party confirms that the Agency has offered him all the aforementioned insurances, and has made available to him information about the content of these insurances as well as the general terms and conditions of the insurance contract.

Unless otherwise specified, the Contracting Party may, when concluding the Contract, pay for the entire travel insurance package (recommended by the Agency) or only an individual insurance policy.

Unless otherwise specified, insurance policies can be concluded no later than the day preceding the start of the trip, except for a trip cancellation insurance policy, which includes a travel insurance package that includes trip cancellation insurance, which is concluded when concluding the Contract or purchasing a non-refundable ticket. Exceptionally, trip cancellation insurance can be concluded within 48 hours of concluding the Contract or purchasing the flight ticket, but provided that the trip does not begin within the next 14 days. If trip cancellation insurance is concluded after 48 hours of concluding the Contract or purchasing the flight ticket, there is no obligation on the insurer to pay compensation. These terms and conditions for concluding travel insurance apply in the event that the Agency acts as an intermediary in obtaining travel insurance and may differ from the terms and conditions when the Policyholder/Traveler contracts travel insurance independently with different insurance companies.

The Agency specifically emphasizes, regardless of whether the Policyholder/Traveler has contracted the entire travel insurance package or individual insurance policies, directly or through the Agency, that all terms and conditions from the travel insurance package and/or individual insurance policies are directly contracted between the Policyholder/Traveler and the insurance company, and the Agency bears no responsibility for any objection and/or non-recognition of rights by the insurance company towards the Policyholder/Traveler based on his request for payment under the contracted travel insurance package and/or individual insurance policies.

PROTECTING BUSINESS SECRETS

The Agency is obliged to keep as a business secret all information it has learned about the Contracting Party/Traveler. The Agency may not disclose the Contracting Party/Traveler’s information (address, place and time of travel, stay, price paid, names and surnames of fellow travelers) to anyone without the Contracting Party’s permission, except when necessary for the purpose of executing the Contract as well as in cases prescribed by applicable regulations.

CORRECTION OF NON-CONFORMITY

The Agency is obliged to correct a non-conformity that occurs during the performance of travel services and in relation to which a request for correction of the non-conformity has been made in a timely manner by the Contracting Party/Traveller, unless this is not possible or if the elimination of the non-conformity would cause disproportionate costs taking into account the extent of the non-conformity and the value of the travel services affected by the non-conformity. If the Agency fails to correct the non-conformity for these reasons, the Contracting Party is entitled to an appropriate price reduction and compensation for any damage. If the Agency fails to correct a non-conformity that it is obliged to correct within a reasonable period set by the Contracting Party/Traveller, the latter may do so himself and request compensation for the necessary costs. The Contracting Party/Traveller is not obliged to set the Agency a reasonable period for correcting the non-conformity if the Agency has refused to correct the non-conformity or if the non-conformity needs to be corrected immediately.

INABILITY TO PERFORM A SUBSTANTIAL PART OF THE TRAVEL SERVICES

If a significant portion of the travel services cannot be provided in accordance with the Contract, the Agency shall offer the Contracting Party / Travellers suitable alternative arrangements for the continuation of the package tour, where possible of equal or higher quality than those specified in the Contract, at no additional cost to the Contracting Party / Travellers, including in cases where the return of the Traveller to the place of departure is not provided as agreed.
If the Agency proposes alternative travel arrangements resulting in a package tour of lower quality than that specified in the Contract, the Agency shall grant the Contracting Party / Travellers an appropriate price reduction. The Contracting Party / Travellers may reject the proposed alternative travel arrangements only if they are not comparable to what was agreed in the Contract or if the granted price reduction is inappropriate.
If it is not possible to provide alternative arrangements or if the Contracting Party / Travellers justifiably reject the proposed alternative arrangements, the Contracting Party / Travellers shall be entitled, where appropriate, to a price reduction and/or compensation for any damage suffered, without terminating the Contract.
If the lack of conformity significantly affects the performance of the package tour and the Agency has failed to remedy the lack of conformity within a reasonable period, the Contracting Party may terminate the Contract without paying a termination fee and may request, where appropriate, a price reduction and/or compensation for any damage suffered.
If the package tour includes the transport of passengers, the Agency shall, in both of the latter cases, ensure the repatriation of the Travellers without undue delay by equivalent transport, at no additional cost to the Traveller.

BEARING THE COSTS OF EMERGENCY ACCOMMODATION

When, due to unavoidable extraordinary circumstances, it is not possible to ensure the return of the Passenger in accordance with the Contract, the Agency will bear the costs of necessary accommodation for a maximum of three nights per Passenger, if possible in an equivalent accommodation category agreed upon in the Contract, and if the European Union legislation on passenger rights applicable to the relevant means of transport for the return of the Passenger provides for longer periods, those periods shall apply.

The latter cost limit does not apply to persons with reduced mobility as defined in Article 2(a) of 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 (OJ L 204, 26.7.2006) and to any person accompanying them, to pregnant women, unaccompanied minors and to persons in need of special medical assistance, provided that the Agency has been informed of their special needs at least 48 hours before the start of the package.

The Agency may invoke extraordinary circumstances that could not have been avoided to limit liability in accordance with paragraph 1 of this Article if the transport service provider may invoke such circumstances in accordance with the applicable European Union legislation.

PRICE REDUCTION AND DAMAGE COMPENSATION

In the event of any non-compliance, the Contracting Party has the right to an appropriate price reduction and/or compensation for any damage in accordance with the provisions of the Contract and applicable regulations.

The Agency is not responsible for non-compliance, nor shall the Agency incur any additional obligations, consequences and/or costs related to non-compliance if the non-compliance occurs due to the occurrence of extraordinary circumstances that could not be avoided, if the non-compliance can be attributed to a third party that is not related to the provision of travel services covered by the Agreement and the non-compliance is unforeseeable or unavoidable, and if the non-compliance can be attributed to the Contractor/Traveler.

The Contracting Party/Traveler is not entitled to compensation for lost profits or compensation for non-material damage and costs arising from it.

If international conventions binding the European Union or legal regulations based on them limit the scope of compensation for damage that the provider of a travel service that is part of a package tour is obliged to pay or limit the conditions under which it is obliged to compensate for such damage, in that case the same assumptions, limitations and exclusions shall apply accordingly to the Agency and it may invoke this in relation to the Contracting Party/Traveller.

The right of the Contracting Party/Traveler to compensation for any damage or price reduction does not affect the rights of the Contracting Party/Traveler in accordance with:

• Regulation (EC) No. 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing general rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No. 295/91
• Regulation (EC) No. 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations
• Regulation (EC) No. 392/2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea in the event of accidents
• Regulation (EU) No. 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when travelling by sea and inland waterway, and amending Regulation (EC) No. 2006/2004
• Regulation (EU) No. 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No. 2006/2004

The Contracting Party/Traveler may submit a request for a price reduction and/or compensation for any damage in accordance with the Contract and the Law and in accordance with the aforementioned international conventions and regulations.

The compensation for damages or price reduction to which the Contracting Party/Traveler is entitled in accordance with the Contract and the Law and the compensation for damages or price reduction to which he is entitled in accordance with the aforementioned international conventions and regulations are deducted from each other in order to avoid excessive compensation and/or excessive price reduction.

PROVIDING ASSISTANCE

The Agency will provide appropriate assistance to the Passenger in difficulty without undue delay, in particular:

• providing appropriate information about health services, local authorities and consular assistance, and
• by helping the Traveler to establish remote communication and to find alternative travel arrangements.

If the Passenger caused the difficulty intentionally or through negligence, the Agency may charge a reasonable fee for the assistance provided.

If the Traveler is provided with assistance by the tour leader or another representative of the Agency, the assistance will be provided in a way that does not affect the regular course of the Travel Program, or to the detriment of other Travelers.

All costs incurred in connection with providing assistance are borne by the Passenger.

OTHER PROVISIONS

Unless otherwise specified, the Agencies will provide services from the package arrangement in Croatian or English.

In the case of a minor traveling unaccompanied by a parent or other person authorized for the minor, and based on a Contract that includes accommodation, direct contact with the minor and/or the person responsible for the minor at the minor’s place of residence can be established via the Agency’s contact details listed in the Contract or via the contact details of the trip leader and/or other Agency representative in charge of the individual trip.

14. OBLIGATIONS AND RESPONSIBILITIES OF THE CONTRACTOR AND THE PASSENGER

APPLICATION FOR RESERVATION OF PACKAGE ARRANGEMENTS AND RESPONSIBILITY FOR PASSENGERS

The Contracting Party is obliged to inform all Passengers from its application for booking a package arrangement of the Contract, the Travel Program, the Special Conditions (if applicable) and these General Conditions, and by paying the advance payment the Contracting Party expressly confirms to the Agency that it has fulfilled this obligation. The Contracting Party is also obliged to inform the Passenger(s) of any additional information it receives in further contact with the Agency.

By applying for a package arrangement reservation, the Contracting Party expressly confirms to the Agency that it is authorized to act on behalf of and for the account of the Travelers included in the application and that it is fully responsible to the Agency for their compliance with the Contract.

Unless otherwise specified, the Contracting Party is obliged to make all payments under the Agreement (for all Travelers included in the application for booking the package). Unless otherwise specified, each individual payment under the Agreement is distributed equally in percentages as a payment made for each Traveler included in the application for booking the package.

Whenever the Contracting Party makes any representation, warranty, disclaimer and/or assumes any obligation, it is deemed that it does so in its own name and for its own account but also in the name and for the account of each Traveler from its application for booking a package arrangement. Whenever the Traveler makes any representation, warranty, disclaimer and/or assumes any obligation, it is deemed that it does so in its own name and for its own account but also in the name and for the account of the Contracting Party who registered him for the trip, as well as, where applicable, in the name and for the account of other Travelers from the Contracting Party’s application for booking a package arrangement.

Everything that applies to the Contracting Party under the Contract shall also apply accordingly to the Traveler registered by the Contracting Party for the trip, unless otherwise specified.

OBLIGATION TO PROVIDE DATA AND DOCUMENTS

When applying for a package-arrangement reservation, the Contracting Party is obliged to provide the Agency with all accurate data and attach the documents of the Contracting Party/Traveler that are necessary for the organization and realization of the trip. The data and documents submitted must correspond to the valid personal documents of the Contracting Party/Traveler that will be used during the realization of the trip. The Agency is not responsible for the receipt, use and/or forwarding of incorrect or incomplete data and/or documents of the Contracting Party/Traveler. The Contracting Party who does not make accurate and/or complete data and/or documents of the Contracting Party/Traveler available to the Agency during the application is liable for all consequences and costs arising from the use of incorrect and/or incomplete data and/or documents. In the event of the submission of incorrect or incomplete data and/or documents of the Contracting Party/Traveler, the Agency may terminate the Contract with effect as if it had been terminated by the Contracting Party and request payment of all incurred costs and damages from the Contracting Party. In the event that the Contracting Party fails to submit data and/or documents in accordance with the terms and conditions of the Contract, it will be deemed to have terminated the Contract, in which case the provisions on termination of the Contract by the Contracting Party shall apply.

In the event of any change in the data of the Contracting Party/Traveler that is necessary for the organization and realization of the trip and/or documents that the Contracting Party/Traveler will use when realizing the trip, the Contracting Party is obliged to submit new data and/or documents to the Agency without delay. Otherwise, it will be considered that he/she has submitted incorrect data and/or documents and the rules that apply to the submission of incorrect data and/or documents will apply.

If necessary for the organization and implementation of the trip, the Agency may retain copies of the Contractor’s/Traveler’s documents.

OBLIGATION TO INFORM AND COMPLY WITH REGULATIONS

The Contracting Party/Traveler is obliged to inform himself/herself and comply with all applicable regulations on travel documents, visas, foreign exchange, border, customs and health regulations, and to ensure that he/she personally, his/her documents and luggage comply with the conditions stipulated by the border, customs, health and other positive regulations of both the home country, the transit country and the destination country.

If the Contracting Party/Traveler is prevented from embarking on the trip or continuing the trip due to non-compliance with the regulations, it will be deemed that he/she has terminated the Contract, in which case the provisions on termination of the Contract by the Contracting Party shall apply. In such a case, the Contracting Party/Traveler is also liable for all costs and consequences incurred.

TRAVEL DOCUMENTS

For the purpose of travel, the Contracting Party/Traveler is required to have a valid passport or other appropriate valid document on the basis of which he/she can be granted entry into a particular country, all in accordance with the applicable regulations on travel documents. The Contracting Party/Traveler is required to independently obtain a passport or other appropriate document on the basis of which he/she can be granted entry into a particular country at his/her own expense. The Contracting Party/Traveler is required to have a valid passport or other appropriate valid document on the basis of which he/she can be granted entry into a particular country throughout the duration of the trip. Unless otherwise specified in the Travel Program, the minimum validity of the passport is 6 (in words: six) months from the date of departure from the country to which and/or through which the trip is being taken. The Contracting Party/Traveler takes care of his/her passport or other appropriate document on the basis of which he/she may be granted entry into a particular country and is solely responsible for their possession and correctness, and bears all responsibility for the consequences that may arise from not possessing and/or using an invalid passport or other document.

If during the trip the Contractor’s/Traveler’s passport or other relevant document is stolen, destroyed, lost and/or otherwise misappropriated, the Contractor/Traveler shall obtain a new passport or other relevant document at his/her own expense if this is absolutely necessary for the continuation of the trip and/or return to the country of departure. In doing so, the tour leader or other representative of the Agency may assist the Contractor/Traveler, but not to the detriment of the regular implementation of the Travel Program. In addition to the costs of obtaining new documents, the Contractor/Traveler shall be obliged to bear all additional costs and fees arising from such a situation (loss of documents).

If the Contracting Party/Traveler has to interrupt the trip due to theft, destruction, loss or any other misappropriation of a passport or other relevant document, he/she is not entitled to a refund of the paid trip or any compensation for expenses. In such a case, the Contracting Party/Traveler will be deemed to have terminated the Contract and the provisions on termination of the Contract by the Contracting Party shall apply. In such a case, the Contracting Party/Traveler is also liable for all costs and consequences incurred.

VISAS AND OTHER DOCUMENTS

The Contractor/Traveler is obliged to obtain visas and other documents specified in the Travel Program at his own expense within the period specified in the Travel Program, if and when this is necessary for the realization of the trip.

The agency can, when possible, mediate in obtaining visas and other documents with a special surcharge.

In no case does the Agency guarantee the approval of visas or other documents, as well as the refund of the amount paid for obtaining them. In case of obtaining a visa and/or other documents, the Agency is not responsible for their correctness. The Agency does not guarantee the accuracy of the information it received from the competent diplomatic missions, and which it forwarded to the Contractor/Traveler.

If the Contracting Party/Traveler is prevented from embarking on the trip or continuing the trip due to the visa being denied and/or the failure to obtain any other document, it will be deemed that the Contract has been terminated, in which case the provisions on termination of the Contract by the Contracting Party shall apply. In such a case, the Contracting Party/Traveler shall also be liable for all costs and consequences incurred.

VACCINATIONS AND OTHER TRAVEL HEALTH REQUIREMENTS

If, in order to organize and carry out the trip, it is mandatory to have and/or obtain an appropriate health document, to be vaccinated with any type of vaccine and/or to fulfill any other condition specified by health regulations (e.g., but not exclusively, obtaining a certificate of recovery from a certain disease, a certificate that the Contracting Party/Traveler has never had a certain disease, vaccination certificates, negative PCR test, etc.), the Contracting Party/Traveler shall independently, at their own expense, within the period specified in the Travel Program, obtain an appropriate health document, undergo vaccination and obtain an appropriate certificate in accordance with the regulations of the World Health Organization and other health regulations and/or fulfill another condition specified by health regulations.

In no case is the Agency authorized to give instructions and recommendations to any Contractor/Traveler to receive a specific vaccine, undertake any other medical procedure and/or use any medications, but for the purpose of obtaining all information, instructions and recommendations on these issues, instructs the Contractor/Traveler to exclusively contact an authorized doctor.

The Agency under no circumstances assumes any responsibility for the consequences that may arise for the Contracting Party/Traveler from vaccinations, other medical procedures, use of medications, and/or similar.

If the Contracting Party/Traveler is prevented from embarking on the trip or continuing the trip due to not having the appropriate health document, not being vaccinated/not having the appropriate vaccination certificate and/or failing to meet another condition specified by health regulations, he/she will be deemed to have terminated the Contract, in which case the provisions on termination of the Contract by the Contracting Party shall apply. In such a case, the Contracting Party/Traveler is also liable for all costs and consequences incurred.

CONDITIONS OF THE CARRIER AND BORDER/CUSTOMS SERVICES

In addition to the Contractor/Passenger’s duty of care and ensuring that he personally, his documents and luggage comply with the conditions stipulated by border, customs, health and other regulations of both the home country, the transit country and the destination country, the Contractor/Passenger is obliged to ensure that he personally, his documents and luggage meet the conditions set by the carrier.

The Agency is in no way responsible for decisions of officials who deny the Contracting Party/Traveler transportation, refuse to issue visas and/or other documents necessary for travel and/or entry/residence/exit to/from a particular country, or for costs and/or other consequences arising from such decisions. If the Contracting Party/Traveler is unable to travel or continue the trip due to such a decision, it will be considered that he/she has terminated the Contract, in which case the provisions on termination of the Contract by the Contracting Party apply. In such a case, the Contracting Party/Traveler is also responsible for all costs and consequences incurred.

PERSONAL INFORMATION ABOUT THE CONTRACTOR AND THE PASSENGER (affecting the trip)

When applying for a package tour reservation, the Contracting Party is obliged to inform the Agency of all facts related to the health condition, habits, etc. of the Contracting Party/all Travelers included in his application for a package tour reservation if such health condition, habits, etc. could endanger and/or significantly complicate the realization of the trip and/or the health/life of the Traveler (e.g., but not exclusively, the need for special nutrition, information about chronic diseases, allergies, disability, etc.). If such health condition, habits, etc. arose after the application was made, the Contracting Party is obliged to inform the Agency thereof without delay.

The Agency will forward the Contractor’s/Traveler’s request for a special type of meal to the service providers upon receipt of the request, but is not responsible for failure to fulfill the request in the event that they are unable to offer the requested type of meal or if the service providers made omissions when implementing the request.

The travel program and/or Special Conditions may require that the Contracting Party/Traveler meets certain conditions regarding personal characteristics (e.g., but not exclusively, a certain age, a certain health condition, etc.). In such a case, the Contracting Party/Traveler may use the Agency’s services only if he/she meets the set conditions. The Contracting Party/Traveler is obliged to provide the Agency with accurate information about the conditions set in this way. In the event that the Contracting Party/Traveler does not meet the set conditions and/or has provided the Agency with inaccurate information, the Agency may terminate the Contract with effect as if it had been terminated by the Contracting Party and demand payment from the Contracting Party of all incurred costs and damages.

OBLIGATIONS AND RESPONSIBILITIES OF THE CONTRACTOR/PASSENGER AT THE DESTINATION

The Contractor/Traveler is obliged to comply with the rules and house rules of the accommodation facility, both with regard to the time of starting to use the accommodation unit (check-in time) and leaving it (check-out time), as well as with regard to the use of the accommodation unit and other contents of the accommodation facility. Unless otherwise specified, check-in and check-in can be done after 14:00 on the day of arrival, and leaving the accommodation and check-out must be done no later than 10:00 on the day of departure. If and when it is possible in a particular situation, the Agency, in cooperation with the accommodation facility, will try to ensure group check-in earlier than officially scheduled, which will depend on the availability and occupancy of the accommodation facility on the day of check-in. If the check-in and check-out times for an individual accommodation facility are different from those stated here, the Contractor/Traveller will be informed about this directly by the accommodation facility when registering at the accommodation facility.

If the Contractor/Traveler in any way endangers the safety, peace and/or comfort of other Travelers, third parties and/or endangers, hinders or prevents the regular running of the Travel Program, the Agency has the right to terminate the trip for that Contractor/Traveler, in which case the Contractor/Traveler is not entitled to compensation and/or refund of any funds paid for the trip and is also liable for compensation for damages that may arise from his actions. In the event that such Traveler is a minor, the Contractor is obliged to ensure the return of such Traveler home, at the Contractor’s expense.

The Contractor/Traveler undertakes to comply with all reasonable instructions of the tour leader or other representative of the Agency. In the event of any dissatisfaction, the Contractor/Traveler is obliged to cooperate in good faith with the tour leader or other representative of the Agency and to try to resolve the matter of dissatisfaction without disturbing other Travelers, third parties, or damaging the reputation of the Agency.

The Contractor/Traveler is obliged to adhere to the rules of personal safety during the trip to the extent that any average person would apply them. The Agency is in no way responsible for the actions of the Contractor/Traveler that concern his personal responsibility.

In the event of any breach of the Contract and/or positive regulations, the Contracting Party/Traveler is liable for the resulting damage as well as for any other damage caused and suffered by the Agency, other Travelers, service providers and/or third parties. The Contracting Party/Traveler shall settle any damage caused on the spot directly to the entity to which the damage was caused. For any such damage that the Agency might settle on his behalf, the Agency has the right to collect upon return from the trip. In the event of a breach of the Contract and/or positive regulations and the Traveler causing damage, the Contracting Party shall be jointly and severally liable for its compensation.

OTHER OBLIGATIONS OF THE CONTRACTOR/PASSENGER

The Contracting Party/Traveler is obliged to check all travel documentation provided by the Agency. If the Agency does not receive a complaint or request for correction from the Contracting Party/Traveler within 24 hours of the delivery of the travel documentation, all travel documentation will be considered valid and correct. The costs incurred upon the request and/or need for any change and/or correction of the travel documentation after the expiry of that period shall be borne by the Contracting Party/Traveler.

15. BAGGAGE

Unless otherwise specified, the carriage of baggage by air, up to the weight specified by the airline, is free of charge. Unless otherwise specified, the Contracting Party/Passenger is entitled to free carriage of up to 15 kg of baggage on charter flights and up to 20 kg of baggage on scheduled flights. Children under 2 years of age are not entitled to free carriage of baggage. Each additional kilogram of baggage (excess baggage) is payable directly to the airline according to the rules and valid price list of the airline.

For the transport of special luggage (e.g. but not limited to surfboards, bicycles, other sports equipment, musical instruments, etc.), the Contracting Party/Passenger is obliged to check the possibility of transport with the Agency, before registering for the reservation of the package arrangement. If the possibility of transporting such luggage exists, it will be carried out according to the rules and valid price list of the individual carrier. Regardless of the above, the carrier has the right to refuse the transport of special luggage in any case due to limited capacity or other reasons. All costs or damage that may arise as a result are borne by the Contracting Party/Passenger.

The transport and accommodation of pets is not permitted, unless exceptionally permitted by the direct service providers. The Contracting Party/Traveler is obliged to check the permissibility of the transport and accommodation of pets before registering for the reservation of the package arrangement. If the possibility of transporting and accommodating pets exists, this will be done according to the rules and valid price list of the individual service provider. Notwithstanding the above, direct service providers have the right to refuse the transport and/or accommodation of pets due to limited capacity or other reasons. All costs or damage that may arise as a result are borne by the Contracting Party/Traveler.

The Contractor/Traveler is obliged to independently take care of and have control over all his belongings during the trip and is obliged to independently take them and take them with him when leaving any means of transport, accommodation facility, catering facility and/or any other location. The consequences that may arise from failure to do so are the sole responsibility of the Contractor/Traveler.

The transportation of luggage by any means of transport is carried out at the risk of the Contracting Party/Passenger. For this reason, the Agency advises the Contracting Party/Passenger to take out an appropriate insurance policy to insure the luggage.

The Agency is not responsible for destroyed, damaged, lost luggage, or for theft and/or any other misappropriation of luggage, other valuables and/or any documents of the Contracting Party/Passenger, which occur during transportation, in an accommodation facility, catering facility and/or at any other location, as well as for the costs and/or consequences arising therefrom. The Contracting Party/Passenger is obliged to report the occurrence of such a situation directly to the immediate service provider (e.g., but not exclusively, the airline, other carrier, accommodation facility, catering facility, etc.), immediately upon the occurrence of such a situation, on the basis of which the Contracting Party/Passenger and the immediate service provider will jointly strive to resolve the problem. If the Contracting Party/Passenger has contracted an appropriate insurance policy that insures luggage, he is also obliged to take actions prescribed by the provisions of that policy.

16. CONTRACTOR/PASSENGER COMPLAINTS

In the event of any inconsistency in the performance of travel services covered by the Agreement, the Contractor/Traveler is obliged, without undue delay and taking into account the circumstances, to inform the Agency of the existence of inconsistency.

The Contracting Party/Traveler shall submit a notice of non-compliance or his/her complaint to the Agency by informing the tour leader or another representative of the Agency on the spot, as soon as possible, of the non-compliance or the reason for the complaint. If the tour leader or another representative of the Agency does not participate in the implementation of the trip, the Contracting Party/Traveler shall send his/her complaint to the direct service provider and shall also notify the Agency thereof using means that have the character of a durable data carrier (via e-mail or the telephone number listed as the Agency’s contact).

In the event that the Contracting Party/Traveler does not submit their complaint on the spot and in the described manner, they will be deemed to have fully accepted the service provided/the situation that has arisen, and thus lose any right to subsequently submit a complaint and/or request for a reduction in the price of the service and/or compensation for any damage.

After submitting a complaint, the Contractor/Traveler is obliged to cooperate in good faith with the tour leader or other representative of the Agency, or the direct service provider, in order to eliminate the causes of the complaint. If the Contractor/Traveler does not accept the offered solution to the complaint on the spot that corresponds to the contracted service, the Agency will not accept subsequent complaints from the Contractor/Traveler, nor is it obliged to respond to them.

If the cause of the complaint is not eliminated on the spot or cannot be eliminated, the Contractor/Traveler and the tour leader or other representative of the Agency or the direct service provider shall jointly draw up a written confirmation/minute in two copies signed by both parties, one copy of which shall be retained by the Contractor/Traveler. If the procedure takes place without the participation of the tour leader and/or other representative of the Agency, but only between the direct service provider and the Contractor/Traveler, the Contractor/Traveler shall be obliged to request the issuance of a written confirmation from the direct service provider.

After returning from the trip, the Contracting Party/Traveler is obliged to submit a written complaint to the Agency no later than 8 days after the end of the trip, as follows: by registered mail with return receipt to the Agency’s address, Hegedušićeva 14, 10000 Zagreb, Republic of Croatia or by e-mail address: bynd@byndtravel.com. Along with the written complaint, the Contracting Party/Traveler is obliged to submit to the Agency evidence confirming the validity of the complaint, invoices related to additional costs, a written confirmation/minute drawn up on site, etc. The Agency will not consider complaints to which the Contracting Party/Traveler does not attach a written confirmation/minute from which it must be apparent that the cause of the complaint could not be eliminated on site, as well as complaints submitted after the expiry of the prescribed deadline. The Agency will consider only those complaints for which the cause could not be eliminated on site, and which were submitted in the prescribed manner and within the prescribed deadline.

The agency will not consider requests for price reduction and/or compensation for any damages without a written complaint.

The Agency will not consider group complaints; each Contracting Party/Traveler is authorized to submit their complaint individually.

In the event of a Contract being concluded between the Contracting Party and the Agency under the “no-show system”, the Contracting Party/Traveler has no right to complain about the accommodation and/or services provided.

In the event that a charter flight is used for the trip, the Contracting Party/Traveler has no right to object to any possible shortening of the stay at the destination resulting from unfavorable charter flight times.

The Contracting Party/Traveler has no right to object to “Last minute” package arrangements.

The Contracting Party/Traveler has no right to complaints related to natural phenomena, weather forecast/weather conditions, waiting, delays and/or congestion in traffic, at border crossings and/or in places/locations that are the subject of the visit.

The Agency will acknowledge receipt of the complaint in writing without delay. The Agency will respond to the Contractor/Traveler in writing within 15 days of receipt of the written complaint. The Agency reserves the right to extend this deadline by a further 15 days, if necessary to establish facts and circumstances relevant to the response and/or to verify information with the direct service providers.

When the Agency is not the travel organizer but only an intermediary, the received complaint will be forwarded to the responsible travel organizer and the Client/Traveler will be notified in writing.

When the Agency acts only as an informant, the Contracting Party/Traveler must address all their complaints and/or requests exclusively on site to the direct service provider.

During the entire period of resolving the complaint until the Agency’s response, the Contracting Party/Traveler undertakes not to submit complaints and/or requests to third parties and/or competent institutions, nor to make information related to the complaint publicly available in any way, and at the same time waives the right to sue during that time. The Contracting Party/Traveler is responsible for all consequences that may arise from failure to comply with this provision.
The maximum amount of compensation for a justified complaint may reach the amount of the disputed/complained part of the service and may not include properly used services or the entire amount of the package arrangement.

If the Contracting Party/Traveler is not satisfied with the Agency’s decision, then he/she may initiate proceedings before the Conciliation Center at the Croatian Chamber of Economy, address: Rooseveltov trg 2, 10000 Zagreb, e-mail address: mirenje@hgk.hr.

A proposal for dispute resolution may also be submitted to other bodies from the list of notified bodies for alternative consumer dispute resolution. Information on notified bodies for alternative consumer dispute resolution is available on the website of the Ministry of the Economy and Sustainable Development of the Republic of Croatia.

Za usluge kupljene putem interneta, web platforma za rješavanje potrošačkih sporova nalazi se na sljedećoj poveznici: http://ec.europa.eu/consumers/odr/.

17. JURISDICTION OF THE COURT

The Contracting Party/Traveler and the Agency will attempt to resolve all disagreements amicably, according to the prescribed procedure, and if this is not possible, the jurisdiction of the court in Zagreb is agreed upon, with the application of Croatian law in the procedure, with the exception of provisions on conflict of laws that would refer to the application of foreign law.

18. PROTECTION OF PERSONAL DATA

The Contractor/Traveler voluntarily provides his/her personal data to the Agency. The Agency uses the Contractor/Traveler’s personal data when organizing and implementing the contracted package arrangement and providing other Agency services.

The Agency collects, processes, uses and stores the personal data of the Contractor/Traveler in accordance with all applicable regulations. The personal data of the Contractor/Traveler are stored in the Agency’s database, in accordance with the Agency’s decision on the method of collecting, processing, using and storing personal data.

By applying for a package tour reservation, the Client grants consent (on his own behalf and on behalf of all Travelers included in his application for a package tour reservation) to the Agency to collect, process, use and store the personal data of the Client/Traveler for the purpose of concluding the Contract, organizing and implementing the agreed package tour, and providing other services of the Agency. In order to achieve these purposes, the Agency is authorized to transfer the personal data of the Client/Traveler to authorized third parties. The Agency will not transfer the personal data of the Client/Traveler out of the country, except when necessary for organizing and implementing the agreed services.

By inquiring or applying for a package arrangement reservation, the Contracting Party may give consent to the Agency to collect, process, use and store the Contracting Party’s personal data for marketing purposes (e.g. sending notifications, promotions, newsletters, campaigns, etc.) and for direct sales, market research, conducting business analyses, customer segmentation, statistical processing, etc. The Contracting Party may at any time withhold and/or withdraw this consent by sending a notification to the Agency using means that have the character of a permanent data carrier.

By concluding the Contract, the Contracting Party grants consent (on his own behalf and on behalf of all Travelers included in his application for booking a package arrangement) to the Agency to use and make available (share) the mobile phone number of the Contracting Party/Traveler with other Travelers on the contracted trip for the purpose of realizing the trip through the formation of a communication group on one of the communication applications (e.g. Whatsapp, Viber, etc.). If the Contracting Party/Traveler does not wish to give such consent, he is obliged to inform the Agency thereof using means that have the character of a permanent data carrier, no later than 48 hours before the start of the trip.

By concluding the Contract, the Contracting Party grants consent (on his/her own behalf and on behalf of all Travelers included in his/her application for booking a package tour) to the Agency to use the personal data of the Contracting Party/Traveler, such as photographs and/or video materials featuring the Contracting Party/Traveler, etc., taken and collected during the trip, for marketing purposes without any further inquiries, consents and/or restrictions. If the Contracting Party/Traveler, for any reason, does not wish to be in such photographs, video materials, etc., he/she shall specifically emphasize this to the tour leader or other representative of the Agency, and the cameraman/photographer, and shall also independently exclude himself/herself from the frame of the recording/photographing device when taking photographs, video materials, etc.

The Agency’s Data Protection Policy is available on the Agency’s website. By concluding the Agreement, the Contracting Party confirms that it has read the Data Protection Policy, that it has informed all Travelers from its application for booking a package arrangement of these rules, and that the Contracting Party and all Travelers from its application for booking a package arrangement fully understand and accept the Data Protection Policy.

19. INSOLVENCY AND LIABILITY INSURANCE

The Agency, in accordance with the Law, has a contracted insurance policy for the purpose of guarantee in the event of insolvency of the Agency, under number: P15 – 1020001305, with the insurance company: Generali osiguranje d.d., Slavonska avenija 1B, Zagreb, OIB: 10840749604, e-mail address: info.hr@generali.com, telephone number: +385 (0)1 4600 600 (information and reporting of claims).

If the Agency becomes unable to timely pay its due obligations in the amount and within the due date or if the Agency goes bankrupt, as a result of which the travel services are not provided, the Contracting Party/Traveler who is caught on the trip and/or whose contracted service is not provided is obliged, without delay, in the fastest possible manner, to contact the aforementioned insurance company via the specified contacts, in order to immediately exercise their rights.

This document serves as confirmation that the Contracting Party/Traveler, pursuant to the Contract, has the possibility of directly exercising the right to payment from the guarantee from the specified insurance company, as follows:

• refund to the Contracting Authority of all monies paid in connection with the Contract for contracted services which have not been performed, or which will not be performed, or will only be partially performed, due to the insolvency or bankruptcy of the Agency
• compensation to the Contracting Party/Passenger for the costs of necessary accommodation, meals and return from the trip to the place of departure in the country and abroad, as well as all claims arising on this basis, which are caused by the insolvency or bankruptcy of the Agency, if the Contract includes the transport of passengers.

The Agency, in accordance with the Law, has a contracted liability insurance policy for damage caused to the Contractor/Traveler by non-fulfillment, partial fulfillment or improper fulfillment of obligations related to the package arrangement, with the insurance company: Generali osiguranje d.d., Slavonska avenija 1B, Zagreb, OIB: 10840749604, e-mail address: info.hr@generali.com, telephone number: +385 (0)1 4600 600 (information and reporting of damage), insurance policy number: P13-1020287546.

Upon application for a package arrangement reservation, the Agency’s employees will inform the Contracting Party of the contents of the valid liability insurance policy for damage caused by the Agency to the Contracting Party/Traveler due to non-fulfillment, partial fulfillment or improper fulfillment of obligations related to the package arrangement, and the Contracting Party confirms that it is familiar with the contents of the said policy by concluding the Contract.

20. FINAL PROVISIONS

When the Contract stipulates the obligation to communicate in writing or using means that have the character of a durable data carrier, the delivery of notices between the Contracting Party/Traveler and the Agency is validly carried out when the Contracting Party/Traveler sends the notice by registered mail with return receipt or by e-mail. The valid addresses for delivery of notices by mail and/or e-mail are those that the Contracting Party/Traveler and the Agency have provided to each other. In the event of any change in the address for delivery of mail and/or e-mail, the entity that has undergone the change is obliged to provide the other party with information about the new address in writing or using means that have the character of a durable data carrier without delay. If the same party fails to do so, it is liable for all consequences arising therefrom.

Obvious errors and incorrect information (both on the Internet and in the press) are not binding for the Agency. The Contractor/Traveller does not acquire any rights towards the Agency by actions taken on the basis of obvious errors and incorrect information. In the event of concluding an Agreement based on an obvious error and/or incorrect information, the Agency may, without any obligations and/or consequences for it, terminate such an Agreement, solely with the obligation to return the paid funds, in accordance with the provisions of these General Terms and Conditions. Upon noticing obvious errors and/or incorrect information, the Agency will correct them.

In the event of overbooking (double booking/reservation beyond the maximum number of available seats) for any service offered by the Agency, upon noticing overbooking, the Agency will immediately notify the Contracting Party of the situation. If the Agency is unable to provide the Contracting Party/Traveler with the service due to the situation, it may, without any obligations and/or consequences for it, terminate the Contract, solely with the obligation to refund the paid funds, in accordance with the provisions of these General Terms and Conditions.

The Agency reserves the right to terminate any Contract within 7 working days from the date of its confirmation, without any obligations and/or consequences for it, solely with the obligation to refund the paid funds, in accordance with the provisions of these General Terms and Conditions.

Photos and video materials published on the website, in advertising materials, and on the social networks of the Agency are informative and non-binding in nature.

These General Terms and Conditions are available at any time on the Agency’s website www.byndtravel.com.

The central contact point for administrative cooperation in accordance with the provisions of the Act is: Ministry of Tourism and Sports of the Republic of Croatia, Prisavlje 14, 10000 Zagreb, e-mail address: pisarnica@mints.hr; pravni@mints.hr, telephone number: +385 1 6169 111; +385 1 6169 243.

The competent body for supervising the Agency’s operations is: State Inspectorate, Tourist Inspection, Šubićeva 29, 10000 Zagreb, e-mail address: turisticka.inspekcija@dirh.hr, telephone number: +385 1 2375 100.

If any provision of the Agreement and/or these General Terms and Conditions is or becomes void, invalid or unenforceable, or if the Agreement contains an unintended contractual gap, this shall not affect the validity or enforceability of the remainder of the Agreement. Any such void, invalid or unenforceable provision shall be deemed to be replaced, and the gap filled, by a corresponding provision that is in accordance with the economic purpose and objective of that provision and/or the Agreement, to the extent legally permissible, closest to the original intention of the parties.

The provisions of the Act and other positive Croatian regulations shall apply to all issues not regulated by the Agreement.

These General Terms and Conditions shall enter into force on the date of their publication on the Agency’s website. The Agency reserves the right to amend these General Terms and Conditions at any time by publishing the amended text of the General Terms and Conditions on the Agency’s website.

In Zagreb, December 29, 2025 year

AGENCY CONTACT INFORMATION

FESTIVAL EVENTS
limited liability company
for tourism and services, travel agency
Hegedušićeva 14, 10000 Zagreb
Republic of Croatia
OIB: 19418237965

email address: bynd@byndtravel.com
website: byndtravel.com
phone number: +385 91 6384 410

FESHTA EVENTS d.o.o. it was registered in the court register of the Commercial Court in Zagreb, MBS: 05869943, and in the List of tourist agencies at the Ministry of Tourism and Sports of the Republic of Croatia under serial number: 1666/2025

Working hours: Mon. – Fri. from 10:00 to 18:00