General conditions & Travel contract
INTRODUCTION
These General Travel Terms and Conditions are an integral part of the travel program, confirmation of travel payment and the Agreement on travel in a package-arrangement (hereinafter referred to as the Agreement) concluded between the travel agency Incredible tours, the trade for services and the travel agency (hereinafter referred to as the Agency) and the user of the service i.e. the person who undertakes the trip (hereinafter referred to as the Traveler), or the contractor and/or the payer of the trip who enters into a Contract with the Agency on his own behalf or on behalf of a third party as a Traveler (hereinafter: the Contractor). All terms mentioned in these General Terms and Conditions shall have the meaning given to them herein.
IMPORTANT: Please be sure to familiarize yourself with these general terms and conditions in detail before sending inquiries via the website, as well as written and verbal requests for reservations. All persons who pay for the trip declare that they have familiarized themselves with all the details of the general terms and conditions of the Potepuh jdoo travel agency before making the payment, and under full responsibility declare that they have also familiarized themselves with all other persons on whose behalf and for whom they made the reservation and/or payment travels. All confirmed reservations are subject to these General Travel Conditions. All information and conditions in these General Terms and Conditions bind the Travel Contractor, all Passengers for whom the trip has been paid for, as well as the Agency in accordance with the specified details, unless otherwise specified in a separate Agreement.
1. SUBJECT OF THE CONTRACT
The subject of this contract is the regulation of mutual relations between the travel organizers – the travel agency Incredible tours, the trade for travel agencies and services from Zabok (hereinafter referred to as the AGENCY) and the PASSENGER or travel contractor in a situation where the contractor contracts a trip for a third party as a passenger (hereinafter referred to as the PASSENGER ). The contract contains General conditions and instructions for tourist arrangements.
The contract and general conditions are binding for the AGENCY by their very existence, while they become binding for the PASSENGER upon payment of the deposit for the arrangement. As each program clearly instructs the PASSENGER to read the Agreement and General Conditions before payment, it is considered that the PASSENGER has agreed to the Agreement and General Conditions by paying the deposit or the entire arrangement.
2. RESERVATIONS
The PASSENGER can register for the trip via e-mail, SMS, WhatsApp, Viber, the AGENCY’s official website and the AGENCY’s official Facebook page. The passenger can also check-in by mobile phone, after which the check-in must be confirmed in writing (e-mail, sms…). When checking in, the PASSENGER is obliged to provide the AGENCY with all personal data required for the reservation. The AGENCY will ask the PASSENGER to submit the information in writing and the traveler is obliged to take care of the accuracy of the sent information necessary for the implementation of the trip.
3. PAYMENT
After registration, the PASSENGER is obliged to pay 30% of the price of the arrangement (except in the case when a different amount is specified in the travel program!) as confirmation of his reservation. The PASSENGER is obliged to pay the remaining amount no later than 21 days before the start of the trip, unless otherwise specified in the program. If the PASSENGER does not pay the remaining amount up to 21 days before the start of the trip, it is considered that he has given up the trip without the possibility of returning the amount paid.
If the PASSENGER registers for the trip less than 21 days before the start of the trip, he is obliged to pay the entire amount at the time of booking.
All trips and services of the AGENCY can be paid exclusively by cashless payment (Burmese / internet banking / universal payment order – general payment slip) to the AGENCY’s account in Raiffeisenbank Austria dd, IBAN: HR9824840081135381
4. PRICES
The prices of the arrangements are published in the travel program and are valid from the publication of the program. The AGENCY does not charge a fee for booking a package deal in its own organization. In the case of booking individual air tickets or accommodation capacities, the AGENCY charges a fee.
In certain programs, the AGENCY can provide that the PASSENGER, if he wants to use certain services that are not included in the price of the package (tickets, restaurants, boat ride…), pays for the service on the spot in foreign currency. The prices listed in the programs are informative and do not depend on the AGENCY, and the AGENCY bears no responsibility for any price differences. Objections to services that are paid for on the spot are submitted by the PASSENGER exclusively to the provider of the service.
If, after the conclusion of the contract, there are major changes in the prices of the services that make up the package deal (exchange rate change, fuel price, air tickets, port tax, accommodation price…), the AGENCY reserves the right to raise the price of the package up to 30 days before the start of the trip. The PASSENGER undertakes to agree to a price increase of up to 10%. If, due to unforeseen circumstances, the AGENCY is forced to increase the agreed price of the arrangement by more than 10%, the AGENCY is obliged to immediately inform the PASSENGER in writing about the new situation. The PASSENGER has the right to cancel the trip and return the money paid, but does not have the right to compensation for any damages. The PASSENGER is obliged to notify the agency in writing about canceling the trip due to a price increase of more than 10% within 3 working days of receiving the notification. If the PASSENGER does not agree to the price change or if the PASSENGER does not inform the agency in writing, it is considered that he does not agree with the price change and the AGENCY is obliged to return all the money paid to him within 7 working days without the right to compensation for possible damages.
5. CATEGORIZATION AND DESCRIPTION OF THE SERVICE
Hostels, hotels, apartments and other facilities are described according to the official categorization in the country where the facilities are located at the time of publication of the program. The categorization of accommodation facilities is different in individual countries and is not always comparable in quality to facilities in Croatia.
The layout of the rooms is determined by the accommodation facility. The AGENCY cannot guarantee a certain accommodation schedule, except in the case when the PASSENGER has expressly contracted certain services (surcharge for a single room, surcharge for a room with a view, surcharge for a room with a bathroom…) Except in a situation where the PASSENGER has specifically reserved and paid for a room/apartment of certain characteristics, the TRAVELER is obliged to accept any officially registered room/apartment in the facility or destination described in the travel program.
The AGENCY is obliged to provide the traveler with accommodation of the categorization specified in the programs or accommodation of a higher category. If the AGENCY provides accommodation of a higher category than that specified in the program, the PASSENGER has no right to complain, and the AGENCY will not ask for any increase in the price of the arrangement. If in extraordinary circumstances (bankruptcy of the contracted accommodation facility at the time of occupancy of all other accommodation facilities in the same category and similar situations on which the AGENCY had no influence, which are reflected in the package deal) the AGENCY is unable to provide the category of accommodation specified in the program, the AGENCY will offer a new arrangement with a discount proportional to the difference in the price of accommodation or a refund. In case the PASSENGER refuses the new arrangement, the AGENCY is obliged to return all the money paid to the PASSENGER within 7 working days. If the PASSENGER does not declare in writing within 3 working days, it is considered that he has given up the trip and the AGENCY is obliged to return all the money paid to him within 7 working days. If the PASSENGER declares in writing within 3 working days that he agrees to the replacement arrangement, the replacement arrangement becomes the subject of a new contract and the PASSENGER has no right to any claims against the AGENCY arising from the originally paid arrangement.
The time of entry and exit from the accommodation facility is prescribed by the accommodation facility. Most hostels/hotels/apartments receive guests from 2 or 4 p.m. on the 1st. of the day of use of the accommodation, and in most hostels/hotels/apartments the building must be vacated by 10 am or, as a rule, no later than 12 o’clock on the last day of use of the accommodation. The AGENCY will always, in agreement with the reception, try to enable the PASSENGER to check-in as early as possible and check-out as late as possible without additional fees, if there are possibilities for this at the accommodation facility.
6. TRAVEL DOCUMENTS
A PASSENGER traveling abroad must have valid travel documents. In each individual travel program, the AGENCY will list the documents required for travel to the destination at the time of issuing the program. The PASSENGER is obliged to submit to the AGENCY all necessary information and documents for the issuance of visas, if visas are required, within the period specified in the program. AGENCY cannot guarantee obtaining a visa. If the embassy/consulate of the country you are traveling to and for which a visa is required refuses to issue a visa to the PASSENGER, it is considered that the PASSENGER has abandoned the trip and the conditions for canceling the trip apply. If during the trip the PASSENGER loses his travel documents or they are stolen, the PASSENGER bears the costs of securing new documents. The travel companion can help the TRAVELER if this does not affect his obligations related to the execution of the AGENCY program.
7. COMPLIANCE WITH REGULATIONS
The PASSENGER is obliged to comply with the health regulations of the countries to which he travels and whose borders he crosses. The PASSENGER is obliged to carry all medicines in their original packaging. If according to the regulations of the country to which vaccination is mandatory, the PASSENGER is obliged to have the vaccination and possess the necessary documents and certificates about it.
The AGENCY recommends a health insurance policy during your stay abroad.
The PASSENGER is obliged to respect all customs and border regulations of the countries through which he is traveling. The PASSENGER is fully responsible if he possesses illegal substances or the amount of alcoholic beverages, cigarettes and other products that exceeds the permitted amount in accordance with the customs regulations of the country whose border he is crossing.
The PASSENGER is obliged to respect the regulations of the country in which he is located and is responsible if he cannot continue his journey due to non-compliance. In such a case, the PASSENGER bears all the costs and bears the consequences arising from non-compliance with the regulations. The PASSENGER is responsible if he personally violates the regulations, if his luggage and belongings do not comply with the regulations or if his documents do not comply with the regulations. The AGENCY removes all responsibility for damage caused by the PASSENGER’s failure to comply with the regulations.
The AGENCY will always do its best to refer the PASSENGER to the source of information related to the regulations of a particular country in the event of a PASSENGER’s inquiry, but does not assume any responsibility for the PASSENGER’s non-compliance with the regulations, nor for the consequences caused by non-compliance with the regulations.
Incorrect travel documents, non-approval of a visa, resulting in the impossibility of travel, do not obligate the AGENCY in any way, and the terms of travel cancellation by the PASSENGER are applied.
The PASSENGER is obliged to comply with the house rules and rules of conduct in the hostels/hotels/apartments where he stays. The AGENCY is not responsible for the damage caused by the PASSENGER in the accommodation facility and the PASSENGER is obliged to pay for it personally to the owner of the facility. After checking into the rooms, the PASSENGER is obliged to report to the reception any possible damage in his room that occurred before his arrival, so that the accommodation facility cannot charge him for damage he did not commit.
8. TRAVEL INSURANCE
In accordance with the Act on the provision of services in tourism, the AGENCY is obliged to offer the PASSENGER a travel insurance package and inform him of its contents. Travel insurance consists of: voluntary health insurance during travel and stay abroad, insurance against the consequences of an accident or illness during the trip, insurance against damage or loss of luggage, insurance against trip cancellation and insurance covering the costs of assisting and returning travelers to their place of origin in case of accident or illness. The AGENCY recommends the listed insurances and in case the PASSENGER wishes for insurance, it will perform all the necessary actions for contracting the policy as an intermediary.
9. TRIP CANCELLATION INSURANCE
When paying for the arrangement, the AGENCY recommends paying for a travel cancellation insurance policy. Cancellation insurance must be paid when paying the deposit. Cancellation insurance is valid with a written confirmation in cases of military call-up, death in the immediate family, illness of the PASSENGER and other cases prescribed by the conditions of the insurance company. If the PASSENGER does not have a contracted travel cancellation insurance policy, the AGENCY reserves the right to payment according to the rules specified in Article 10. of this document regardless of confirmation of military service, illness, death in the immediate family or other reasons for canceling the trip. The cost of obtaining a visa is not paid even if the PASSENGER has a contracted travel cancellation insurance policy. A PASSENGER who has paid for a trip cancellation insurance policy in case of cancellation of the trip is not entitled to a refund of the costs of the trip cancellation insurance policy. By paying for the aforementioned policy, the passenger transfers all his claims to the insurance company, and the AGENCY undertakes to provide the PASSENGER with all the documentation related to the package deal, which is necessary for the realization of the PASSENGER’s claims against the insurance company. All conditions are stated in the insurance policy and the AGENCY advises the PASSENGER to read them carefully in the interest of the PASSENGER.
10. TRAVEL CANCELLATION BY THE PASSENGER
If the PASSENGER pays funds to the agency’s account, and cancels the arrangement, the AGENCY keeps from the total price of the arrangement:
Bus trips:
Up to 31 days before departure: 10% of the package price, at least HRK 100
30-23 days before departure: 25% of the package price
22-15 days before departure: 50% of the price of the arrangement
14-0 days before departure: 100% of the price of the arrangement
In case of cancellation of the arrangement by the PASSENGER, the AGENCY may, although it is not obliged to do so by any legal regulations, in accordance with the internal policy of fair treatment towards the PASSENGER, retain a smaller amount than the above if there is a possibility to cancel the accommodation without compensation or if the AGENCY finds a replacement passenger , but in no case greater than the amount prescribed by the Agreement and the General Terms and Conditions. Withholding a smaller amount than the amount prescribed by this Agreement and the General Terms and Conditions is solely an internal decision of the AGENCY.
Air travel:
Up to 30 days before the start of the trip: 25% of the package price
29-15 days before the start of the trip: 75% of the package price
15-0 days before the start of the trip: 100% of the price of the arrangement
In cases where it is not possible to cancel or change the plane ticket due to the conditions of the airline, the AGENCY must state the same in the travel program!
If the PASSENGER has not paid the full amount of the package deal 21 days before departure, it is considered that he has given up the reservation without the possibility of returning the advance payment for the trip. Updated on May 13, 2020.
11. PASSENGER NAME CHANGE:
TRAVELS BY BUS:
For bus trips, the AGENCY allows the PASSENGER to change the name of the PASSENGER free of charge up to 12:00 noon on the day before the bus departure if the trip itself does not require a visa or other documentation that cannot be obtained within the day of the name change until the start of the trip. Although it is not bound by the regulations, the AGENCY is bound by this Agreement and the General Terms and Conditions due to its own business policy of correctness towards clients.
The PASSENGER submits the name change to the AGENCY in writing, and the new PASSENGER must consent to the change and become bound by the Agreement. A PASSENGER who has transferred the Agreement to a new PASSENGER ceases to be bound by the Agreement and has no right to any compensation for possible damages.
TRAVEL BY AIRPLANE:
If it is possible to change the name of the PASSENGER, the AGENCY charges the costs of the name change according to the valid price list published on the website of the airline listed in the travel program.
If a name change is not possible due to the airline’s conditions, the AGENCY is obliged to state this information in the travel program.
12. TRAVEL CANCELLATION BY THE AGENCY OR CHANGES TO THE TRAVEL PROGRAM
If the AGENCY significantly changes the price, program or accommodation from what is stated in the program before the trip, the AGENCY is obliged to immediately inform the PASSENGER in writing about the changes. The PASSENGER can agree to changes in writing within 3 working days. In case of consent, the replacement arrangement becomes the subject of a new contract and the PASSENGER has no right to any claims against the AGENCY that would arise from the originally paid arrangement.
In the event that the PASSENGER refuses the new arrangement or becomes deaf after 3 working days, the AGENCY is obliged to return all the money paid to the PASSENGER within 7 working days.
If, during the trip itself, the AGENCY is unable to perform the service specified in the program due to its own fault, it will offer the PASSENGER a substitute service. If the PASSENGER agrees in writing to a substitute service, he has no right to a claim related to the service specified in the program. If the PASSENGER does not agree to the replacement service, the PASSENGER has the right to compensation in the value of the difference between the contracted and actually provided services. Damage is paid in the amount of part of the price of the unused part of the program, based on the PASSENGER’s complaint. The maximum amount of damage is equal to the price of the arrangement.
The AGENCY has the right to unilaterally terminate the contract partially or completely, without the obligation to compensate the TRAVELER, if extraordinary circumstances occur that did not exist at the time of the conclusion of the Agreement, and which, if they had existed at the time of the conclusion of the Agreement, would have been a justified reason for the AGENCY not to conclude the Agreement. In this case, the passenger has the right to a full refund of the amount paid, i.e. the price difference between the contracted and provided services without the right to compensation.
The AGENCY has the right to cancel trips no later than 5 days before the start of the trip if the AGENCY was an intermediary in the sale of the arrangement of another organizer who canceled the trip due to insufficient number of passengers.
The AGENCY has the right to cancel the trip no later than 3 days before the start of the trip if the AGENCY is the organizer of the trip, if a sufficient number of PASSENGERS required for the realization of the trip have not registered. The minimum number of PASSENGERS is specified in each AGENCY program.
The AGENCY has the right to change the day and time of travel due to a change in the flight schedule that it had no influence on or due to the occurrence of extraordinary circumstances. The AGENCY has the right to change the direction of travel due to unforeseen circumstances and force majeure over which it had no influence (state of war, terrorist attacks, coups d’état, strikes of airline employees, natural disasters and natural disasters) without the right to compensation. In such situations, the AGENCY will try to provide the best possible service considering the unforeseen situation.
The AGENCY cannot take responsibility for the actions of higher forces over which it has no influence (state of war, terrorist attacks, coups d’état, natural disasters and natural disasters…) and the AGENCY cannot be charged for compensation for damages caused by such events. Certain states, by their regulations, assume responsibility for compensation for damage caused by an extraordinary event if the victim is not known. In the event of such a situation, the AGENCY will help the TRAVELER with its documentation and advice in an effort to obtain compensation from the country where the extraordinary event occurred. The AGENCY will additionally wait for each passenger 15 minutes after the agreed departure, after that, the AGENCY has no obligation to wait for late PASSENGERS.
13. TRAVEL IN THE ORGANIZATION OF OTHER ORGANIZERS
In a situation where the AGENCY is not a travel organizer, but only an intermediary, the General Conditions of the travel organizer specified in the travel program apply to the trip.
14. OBJECTIONS
The PASSENGER has the right to complain about a service not provided. The PASSENGER is obliged to submit a complaint in writing no later than 8 days after the end of the trip. Objections made more than 8 days after the end of the trip will not be considered valid. The objection is sent by mail to the AGENCY address: Kalnička 44, Podbrest or by e-mail to: potepuh.putovanja@gmail.com . The PASSENGER is obliged to submit any complaint that is not directly related to the AGENCY’s employees and omissions in writing during the trip to the provider of the service with which the PASSENGER is dissatisfied (reception, driver, restaurant) and to request a written confirmation from the direct service provider that the complaint has been received. Each customer complaint is submitted separately. The AGENCY will not take group complaints into consideration, except in the case of complaints from ‘closed’ groups (graduation trip, trip of an association, trade union, sports team…) the AGENCY is obliged to respond to the TRAVELER within 15 days at the latest from the receipt of the complaint in the same written form as the complaint and received. Only complaints for which proof of the complaint was sent to the service provider on the spot will be taken into consideration. If the omission was due to the fault of the AGENCY, the PASSENGER has the right to compensation in the amount of the actual value of unused services. The amount of compensation cannot cover the used services to which the passenger did not object, nor the entire amount of the arrangement. While the AGENCY considers the PASSENGER’s complaint, the PASSENGER waives the mediation of any other person, the court and the provision of information to the media.
15. BAGGAGE
We recommend you to pay for the baggage insurance policy!
When traveling by bus, the PASSENGER can take one large travel bag and one small one that he takes with him on the bus. If there is enough space, the PASSENGER can load more luggage on the bus, provided that his luggage does not in any way violate the customs regulations of the countries he is passing through.
When traveling by plane, the amount and permitted weight of free baggage is determined by the airline company in its terms, while other baggage is charged for. The dimensions and weight of the baggage allowance and the price of additional baggage will be specified in each air travel program according to the conditions of the airline. With most airlines, children under the age of 2 do not have the right to carry luggage. Exceptions will be specified in the travel program.
The AGENCY is not responsible for the PASSENGER’s lost luggage. Reports of lost luggage are submitted directly to the accommodation facility or carrier. Based on the regulations that apply in air traffic, the airline company is solely responsible for the baggage on the plane. In case of loss, the PASSENGER fills out the airline’s form and hands it in at the airport, keeping one copy for himself. Based on the form, the airline company pays compensation according to the regulations that apply in air passenger traffic.
16. INSURANCE IN CASE OF INABILITY TO PAY OR BANKRUPTCY OF THE TRAVEL ORGANIZER & LIABILITY INSURANCE
In accordance with the Act on the provision of services in tourism, the AGENCY concluded an insurance contract with the insurance company Adriatic osiguranje dd, Listopadska 2 – Zagreb, Koprivnica branch, in case of insolvency or bankruptcy of the tour operator due to which the contracted service is not provided, i.e. for the reimbursement of the costs of the passenger’s return to place of departure. In case of inability to pay or bankruptcy of the AGENCY, the PASSENGER should immediately contact Adriatic Insurance dd, Listopadska 2 – Zagreb, Koprivnica branch, tel. 048 250 333.
In accordance with the Act on the provision of services in tourism, the AGENCY has concluded an insurance contract with the insurer Adriatic osiguranje dd, Listopadska 2 – Zagreb, Koprivnica branch, for damage caused to the PASSENGER by non-fulfillment, partial fulfillment or irregular fulfillment of obligations. Number of the package tour organizer’s liability insurance policy: 0685012757
The AGENCY is obliged to inform the PASSENGER of the contents of the valid Contract, and the PASSENGER, by agreeing to the Contract, confirms that he is familiar with the contents of the Insurance Contract.
17. PROTECTION OF PERSONAL DATA
The AGENCY undertakes to collect all personal data about the TRAVELER with the permission of the TRAVELER and to keep them confidential and will be available only to the AGENCY employees due to the necessity of the data for the realization of the trip.
There is a possibility of transferring data to third parties (employees of the accommodation facility, border police, airline employees, employees of the embassy or consulate in the case of issuing visas…), and such data are considered to be necessary for the realization of the trip.
There is also the possibility of keeping records of passengers both in the home country and abroad, all for the purpose of the trip itself.
The only way to release the PASSENGER’s private data is in the case of a court order or the prevention of a criminal act by a competent state body.
The AGENCY reserves the right to use the PASSENGER’s data (e-mail) for the purpose of its own promotion (sending new programs and the like) until the PASSENGER declares in writing (e-mail) that he does not want to receive promotional offers by e-mail.
19. FINAL PROVISIONS
This document was issued and entered into force on August 21, 2023. years. The general terms and instructions for travel are an integral part of the Travel Agreement. Possible deviations must be explicitly stated in the text of the travel program. The parties undertake to resolve any disputes amicably. In case of impossibility of agreement, in case of dispute, the court in Zabok is competent, and Croatian law is applied.