Terms of travel
GENERAL TERMS AND CONDITIONS OF TRAVEL WITH FANTASIA TRAVEL TOURIST AGENCY
1. DEFINITIONS OF TERMS USED IN THE GENERAL TERMS
Travel Organizer - Fantasia Travel Tourist Agency j.d.o.o.
Travel Contractor – any person who concludes the Contract on the organization of the journey with the Travel Organizer, regardless of who the traveler is
Traveler - the person who undertakes the journey, regardless of whether they are Travel Contractor
General Terms - General Terms and Conditions of Travel with the tourist agency Fantasia Travel j.d.o.o.
Contract – Contract on the organization of the journey, signed by the Travel Organizer, i.e. an authorized person and the Travel Contractor in order to realize the journey according to specific Travel Itinerary or Individual Tour Itinerary
Package tour - a set combination of at least two particular services involving transport, accommodation or other tourist or hospitality services that form a package, and are provided in a 24-hour period or include at least one overnight stay and are sold at a single price agreed in advance.
Travel Itinerary – any published promotional material for a specific Package Tour that details the Travel Itinerary and as such represents the general offer by the Travel Organizer which forms part of the Contract once it is concluded, if the Contract does not arrange it in a different way
Individual Travel Itinerary – Package Tour designed at the request of the involved Travel Contractor or Traveler
Voucher - a written document addressed to an individual name or a group of travelers that contains non-transferrable right of the addressees to the services that are stated, i.e. an order to the immediate service provider to provide the listed services to the addressed persons
Subagents - third parties, who help the Travel Organizer to promote, sell and contract their journeys
All capitalized Terminology used in these General Terms carry the meaning as defined in this provision of the General Terms, unless they are differently defined by the Contract.
1. GENERAL PROVISIONS
General Terms, Travel Itinerary or Individual Travel Itinerary are integral parts of the Contract. Data contained in the Travel Itinerary, or Individual Travel Itinerary can be altered by the Contract, in which case the Contract between the Travel Organizer and the Travel Contractor or the Traveler is effective. In case that the provisions of the Contract and/or the Travel Itinerary or Individual Travel Itinerary and/or General Terms differ in content, the first to apply to the contractual relationship between the Travel Contractor or Traveler and Travel Organizer shall be the Contract , then the Travel Itinerary, or Individual Travel Itinerary and last the General Terms.
By signing the Contract or the Voucher of reservation or the approval to charge the card the Travel Contractor or the Traveler agrees to all of the General terms.
The Contract is considered binding after it has been signed by a Travel Organizer employee or Subagent and the Travel Contractor and after the total agreed price part of the price has been paid while the payment of the remaining balance is secured by a due date.
If the Travel Contractor or Traveler cannot sign the Contract in person, it becomes binding, i.e. comes into effect only when the Travel Organizer receives the entire amount of the agreed price or part of the price while the payment of the remaining balance is secured by a due date.
In case the Traveler is a minor, and the Travel Contractor is not a parent (legal guardian) to the child, the Contract is considered as binding i.e. comes into effect only when the aforementioned prerequisites are fulfilled and the child's parent agrees to the contracted journey, i.e. to the provisions of the Contract, by signing the Contract or submitting a particular written consent.
3. REGISTRATION AND PAYMENT
Anybody can register for the journey by stating the name of the traveler and other data needed to realize the journey by phone, e-mail or other means of communication, or at the authorized Subagents'.
At the Travel Organizer's request, the Travel Contractor or the Traveler shall provide all data and documents needed to realize the Contract. The Travel Organizer can ask and keep copies of the documents if they are needed to realize the Contract on organizing a journey. Should the Travel Contractor or the Traveler not provide the required data on time and in a way stated in the Travel Organizer's request, this will be understood as cancellation of Contract.
The Travel Contractor or the Traveler is liable for all damage incurred both to him and the Travel Organizer due to incorrect and/or incomplete data or documents.
Prior to concluding the Contract, the Travel Contractor shall pay the advance amounting to 40% of the Package Tour per Traveler, and the remaining balance is to be paid at the latest 15 days before the Traveler starts the journey. If the Travel Contractor does not pay the remaining balance in the stipulated period, the Contract will be considered cancelled and the Travel Organizer will act upon provision 9 of the General Terms.
It is considered that the Travel Contractor has complied with the advance payment obligation on the day the payment has been made to the Travel Organizer's account, or on the day the Travel Organizer has received from the Travel Contractor a written approval to charge his credit card for the advance amount or the agreed price of the journey.
Advance payment for Individual Itineraries is charged according to the Travel Organizer's price list. Once the advance payment is made, the Travel Contractor agrees to the terms of the Individual Travel Itinerary.
Should already agreed to Individual Travel Program be cancelled, provision 9 of the General Terms will not be applied and the Travel Organizer is entitled to keep the amount paid in advance.
The advance payment will be considered part of the total journey price. If the Travel Organizer cannot confirm the reservation based on advance payment, the total advance amount charged will be refunded to the payer.
4. PACKAGE TOUR PRICES, SPECIAL SERVICES
Package tours' prices are listed in kunas and are valid from the date of Travel Itinerary publication. Package Tour prices, unless defined differently by the Contract, normally include the services of transport, accommodation and hospitality services, cost of organization and mandatory insurance (guarantee). Package Tour prices normally do not include airport fees, visa related expenses, entrance tickets for venues and optional offers unless it is agreed differently.
Travel Organizer has to ensure the realization of specific services (single room, specific diet etc.) on condition they are listed and described in the Travel Itinerary and that the Travel Contractor or the Traveler ordered them prior/ while concluding the Contract.
In case these specific services which the Travel Contractor or the Traveler can order before or during the journey are not part of the Itinerary, the Travel Organizer will do their best to ensure those services from the immediate provider. In this case the Travel Contractor or the Traveler shall pay the price for the demanded specific services in a way and in the period that is determined by the immediate serviceprovider, plus a fee to the Travel Organizer for arranging the service even if the Travel Contractor or the Traveler cancels the ordered specific services.
Possible special discounts on the full price of Package Tours, for instance for children or other benefits for Travelers are arranged only if they are mentioned in the Itinerary.
5. CHANGES IN PACKAGE TOUR PRICE AND THE RIGHT TO TERMINATE THE CONTRACT DUE TO PRICE INCREASE
Package tour prices are in kunas based on the rate of kunas to foreign currencies by HNB selling rates on the date when the Contract is concluded.
The Travel Organizer is entitled to increase the agreed price of a Package Tour if the exchange rates rise compared to the day when the Contract was concluded, and if the costs of services that are part of the Package Tour increase, in particular transport expenses, including fuel, pay toll and the like, the cost of accommodation and transit fares. In that case the total price of a package tour is increased reciprocally to the price of each service that is part of the package tour price.
If the increase of the Package Tour price is up to 10%, the Travel Organizer is obliged to inform the Travel Contractor.
If the increase in the price is over 10%, the Travel Contractor can terminate the Contract, and is entitled to the reimbursement of the paid price, with no obligation of indemnification to the Travel Organizer, on condition that they inform the Travel Organizer about the termination at the latest three (3) working days after the receipt of the written notice about the over 10 % increase in the price. If the journey is not cancelled in due time, the Travel Organizer will understand that the Travel Contractor is in contract with the change and accepts the increase of the price.
6. TRAVEL DOCUMENTATION
Travel documents are documents necessary to realize the contracted journey (such as original voucher, travel itinerary, air tickets, written notices, etc.) that the Travel Organizer shall submit to the Travel Contractor or the Traveler.
All travel documents will be submitted to the traveler at least 7 days before departure, unless the Travel Itinerary or Individual Travel Itinerary defines it differently.
To avoid misinterpretation, it is worth mentioning that Passports are not considered travel documentation in General Terms.
7. CHANGE OF CONTRACT / PACKAGE TOUR
Should the Travel Organizer significantly change the contracted Package Tour (itinerary, accommodation or price, etc.) before the beginning of the journey they are obliged to inform the Travel Contractor in written form without delay. In the written notice The Travel Organizer can offer to the Travel Contractor the altered Package Tour or Contract also pointing out the changes and their consequences on the agreed price. The Travel Contractor has to inform the Travel Organizer whether they accept or refuse the changes within 2 working days of receipt of such offer.
If the Travel Contractor refuses the changes, they can terminate the Contract without liability for any incurred damages and costs that might result for the Travel Organizer or, if the Travel Organizer makes such an offer, the Travel Contractor can choose a similar journey, free of additional charges if the price of this journey is higher, or is entitled to reimbursement of the overpayment if the price of the substitute journey is lower. If the Travel Contractor decides to terminate the Contract in this case, he is entitled to the reimbursement of the entire amount charged.
If the Travel Contractor ignores the Travel Organizer's offer, it will be assumed that the offer is declined and as the deadline previously cited expires, the Contract terminated.
The Travel Contractor or the Traveler is not entitled to indemnities if the alterations to the Package Tour are the result of external circumstances that the Travel Organizer couldn't anticipate, avoid or decline.
Should, once the journey has started, the Travel Organizer not be able to provide a larger portion of the contracted services or should they estimate it will be impossible to provide some services, the Travel Organizer, with the Traveler’s consent, can make alterations to the Package Tour at theTravel Organizer’s own expense and if necessary indemnify the Travel Contractor or the Traveler for the difference in price between the contracted and the provided services.
If it is impossible to alter the Package Tour adequately, or the Travel Contractor or the Traveler do not accept the changes due to justified reasons, the Travel Organizer shall, at their own expense, arrange for the Traveler to return to the place of departure or to another place, if the Traveler agrees to it, and to reimburse the amount relevant to the price of the unused portion of the Package Tour.
The Traveler can make alterations to the Package Tour, or contracted services only upon the prior written consent of the Travel Organizer, on condition that the Traveler pays the difference in price if the change increases the cost of the Package Tour.
8. CANCELLATION BY THE TRAVEL ORGANIZER
Before or during the journey the Travel Organizer can cancel the journey due to force majeure or if the minimum number of participants as stipulated in the itinerary has not been met without indemnifying the Travel Contractor or the Traveler. In such cases the Travel Organizer can cancel the journey at the latest 5 days prior to departure.
If the Travel Organizer cancels the journey, the Travel Contractor or the Traveler is entitled to reimbursement of the total price charged for the journey, but to no compensation for the visa, vaccination or similar expenses.
9. CANCELLATION AND TERMINATION BY THE TRAVEL CONTRACTOR /TRAVELER
a) If the Travel Contractor or the Traveler cancels a journey, the Travel Organizer shall retain the paid amount depending on the time frame in which cancellation was made, as follows in the plan
• up to 30 days before departure - 10 % of the price
• 29 to 22 days before departure - 25 % of the price
• 21 to 15 days before departure - 40 % of the price
• 14 to 8 days before departure - 80 % of the price
• 7 to 0 days before departure - 100 % of the price
• after departure - 100 % of the price.
If the actual expenses or the fixed portion in the group expenses is higher than those listed in the plan, the Travel Organizer shall charge actual expenses. These due dates are also applicable in case the departure date is changed. If the Travel Contractor or the Traveler cancels the journey while on journey due to extraordinary external circumstances that couldn't have been declined, avoided or anticipated at the time when the Contract was concluded, the Travel Organizer is entitled only to the reimbursement of actual expenses.
If the Travel Itinerary details different cancellation terms, the terms of the Travel Itinerary are applicable.
b) There are specific terms for cancellation charges when contracting charter tours, incentive travels, cruises, language courses, congresses, fairs, and other specific programs, as well as journeys at Christmas season, New Year Season, Ester season and other holidays. If the Travel Contractor or the Traveler cancels the journey, the Travel Organizer is entitled to charge all the expenses incurred, that can amount to the full package price, regardless of the cancellation deadlines as stated in item 9a under General Terms.
If the cancelled journey partly involves air transport or ship transport, the terms of reimbursement are governed by the terms and conditions of the airline company or shipping company. Verbal cancellation has to be confirmed in a written form either by a letter, fax or e-mail. If the Travel Contractor or the Traveler does not confirm the verbal cancellation in written form, the cancellation will be disregarded.
If the Travel Contractor or the Traveler, at his/her own request terminates the journey that is in progress, he/she is not entitled to the compensation of expenses incurred by premature return to the place of departure.
10. TRAVEL INSURANCE
The contracted price of the journey does not include travel insurances in case of accident and/or health issues during the journey, lost or damaged baggage insurance, journey cancellation insurance or travel health insurance. When concluding the Contract the Travel Organizer shall offer the Travel Contractor or the Traveler the afore mentioned insurances. Insurance Contract can be contracted with the insurance company offering such insurances or with the organizer, who acts in lieu of the insurance company.
11. HEALTH REGULATIONS
Traveler is obliged to inform the Travel Organizer about all facts relevant to their health conditions or habits which could endanger the course of the journey (if due to health or other issues the traveler requires specific type of food, suffers from a chronic disease, allergies, etc). Some Travel Itineraries list specific travel requirements such as mandatory vaccination and acquiring corresponding documents, according to the World Health Organization regulations for journeys to some countries or according to the regulations of the destination or transit country, so the Traveler is obliged to be vaccinated and/or present corresponding document verifying the vaccination. If the journey does not start or gets terminated because a Traveler failed to vaccinate, or does not possess corresponding vaccination document, item 9 under General Terms shall be applicable.
Travelers shall acquire valid passports at their own cost and have them during the whole journey. The Travel Contractor or the Traveler shall be exclusively responsible if it becomes impossible to realize the journey because she/he fails to possess a valid passport. This situation is treated as if the Travel Contractor or the Traveler cancelled the journey and the item 9 of General Terms shall be applicable.
If a passport gets stolen or lost during the journey, the Traveler will cover the cost of acquiring a new passport, as well as all subsequent costs. The Travel Organizer will assist the Traveler in case of stolen / lost passport, without interrupting the normal course of Travel Itinerary the Travel Organizer shall not be responsible for decisions made by customs officials, police or other official bodies that prevent the entrance or exit from a country. In such cases the provisions of the General Terms referring to cancellation and termination of travel by the Travel Contractor or the Traveler are applicable. If Visa is needed for a designated journey, Travel Organizer can, at a special fee act as intermediary to obtain visa, if such service is agreed with the Travel Contractor or the Traveler. The Travel Organizer cannot guarantee that visa will be issued.
13. DUTIES AND OBLIGATIONS OF THE TRAVELER
Traveler shall observe the rules of conduct in accommodation facilities (hotels, hostels, apartments, colleges, student residences, private accommodation, etc.) and means of transport so not to disturb by his/her behaviour the scheduled course of Travel Itinerary. If a Traveler's behaviour causes damage to the service provider in the accommodation facility or in the means of transport or disrupts the scheduled course of the Travel Itinerary, the Traveler in question shall indemnify the damaged party and cooperate with the service provider and the Travel Organizer.
If a Traveler's behaviour disrupts the scheduled and unhindered course of the Travel Itinerary the Travel Organizer shall be compensated for the damage and can terminate the journey. This will be treated as termination on Traveler's demand.
Should the afore mentioned item of this provision involve a minor or a child, parents shall accept the child's return home and collect the child at their expense.
The Traveler is under obligation to comply with currency and customs regulations of the Republic of Croatia, as well as legal regulations in destination countries and transit countries.
14. DUTIES AND OBLIGATIONS OF THE TRAVEL ORGANIZER
The Travel Organizer shall take care that the services are provided by a service provider selected with utmost care and attend to the Traveler's rights and interests as is customary in the trade of tourism. The Travel Organizer shall provide for the Traveler all the services listed in the Travel Itinerary and shall be responsible for a possible partial or complete failure to provide a service to the Travel Contractor or the Traveler. The Travel Organizer shall not be responsible for possible errors that occur at the publication of Travel Itinerary/ Package tour.
The Travel Organizer shall provide all contracted services as detailed in the Travel Itinerary, except in case of force majeure (traffic accident, bad weather conditions, terrorist act and similar). In such situations the Travel Organizer shall provide the service as instructed by the authorities of the country where the event takes place. If the country involved by the Travel Itinerary at the time of departure or during the journey does not guarantee the safety of residence and/or transit, the Travel Organizer is entitled to adjust the Itinerary to these circumstances.
The Travel Organizer guarantees the quality of service in accordance with the standards of the country where the service is provided. The Travel Organizer waives any responsibility in case of alterations or failure to provide services caused by force majeure or due to delays in traffic that are not the Travel Organizers responsibility according to positive regulations and international conventions. In these circumstances the Travel Organizer is not required to reimburse all Travelers’ extra expenses. In case of terrorist acts, natural disasters, epidemics, unrests and wars in some regions, and other reasons that are beyond Travel Organizer’s control, which happen during the journey, the Travel Organizer shall arrange for the Traveler to return to the place of departure.
The Travel Organizer will warn the Travel Contractor or the Traveler about the level of standard in the destination country (different to standards that the traveler is used to in his residence) and of the possibility of variation from the Travel Itinerary due to local customs and regulations.
15. INSURANCE IN CASE OF INSOLVENCY OR BANKRUPTCY (GUARANTEE)
An contract of insurance in case of insolvency or bankruptcy that could lead to the cancellation of journey or for the reimbursement of Traveler's return expenses is signed between the Travel Organizer and the insurance company. In case the insolvency or bankruptcy should happen, the Travel Contractor or the Traveler shall as soon as possible contact the insurance company listed in the Contract or another document and submit necessary documentation at insurer’s request.
16. LIABILITY INSURANCE
Travel Organizer has signed a liability insurance contract with the insurance company for the damage caused to the Travel Contractor or Traveler by failure to meet obligations or by partially or inconsistently meeting the obligations that are part of the Package Tour.
17. TERMS OF AIRLINE TRANSPORT OF PASSENGERS
Terms of airline transport of Travelers and baggage are defined by the air operator and the Traveler is expected to respect the terms.
The Travel Organizer is not liable for damaged, stolen or lost baggage or the theft of luggage and valuables from hotels (it is recommended to rent and use a safety deposit box) or from means of transport. Any damage /theft should be reported to the transport provider or at the reception of accommodation facility.
19. CATEGORISATION AND SERVICE DETAILS
The offered accommodation and transit capacities are described according to the official categorisation of the country in which the Traveler is travelling, valid at the moment the itinerary is issued. All services on offer for accommodation facilities and means of transport (hotels, apartments, trains, etc.) are controlled by the local tourist offices which results in different and incomparable standards of accommodation and services. The Travel Organizer is not liable for information that may differ from descriptions of services and facilities as published in Travel Itineraries that the Travel Contractor or the Traveler obtains from third parties.
20. RECEPTION AND ACCOMMODATION
The arrangement of Travelers in accommodation facilities is organised at the reception. If the Travel Contractor or the Traveler has not specifically stipulated in the Contract a room or apartment of particular features, he/she will accept any officially registered room, apartment, cabin, etc. detailed in Travel Itinerary.
Prior to signing the Contract the Travel Contractor or the Traveler who wishes to travel with pets shall check with the Travel Organizer on pet accommodation possibilities in the accommodation facility and on possible additional charges.
The Traveler shall comply with the rules of conduct in accommodation units regarding the starting hour when the room, apartment, cabin can be used, and the hour of leave, or the Traveler will cover all possible additional expenses.
If the Travel Contractor or the Traveler wishes to make a complaint related to the failure to provide or partially provided service that is part of the Package Tour, the complaint shall be immediately made to the person responsible for providing the service as planned, and to the Travel Organizer within 8 days of the end of the journey. The Travel Organizer shall not take into account a complaint made later than the time frame indicated.
Traveler shall cooperate with the Travel Organizer and immediate service provider to eliminate the cause for complaint. If the traveler does not accept on-the-spot solution that is equal in type and quality to the contracted service, the Travel Organizer shall not accept the traveler's subsequent complaint and shall not respond.
If the service provided after the complaint still isn't provided in the contracted way, the Traveler shall ask for a written notice from the service provider and enclose it to the written complaint submitted at the latest eight days after the return from the journey; otherwise the Organiser will disregard it. Complaints submitted upon return without enclosed notice shall be considered unsubstantiated.
The Travel Organizer shall give a written response to the complaint within 14 days of receipt, and is entitled to ask for a prolongation in order to gather information and verify the complaint content with the service provider before solving the complaint. The Travel Organizer will deal only with complaints whose cause couldn't be eliminated on the spot.
Until the Travel Contractor or the Traveler receives the Travel Organizer's decision, he waives the right to start any procedure related to the complaint or to publish the information in the media. The highest compensation can amount to the price of the reclaimed part of the service, cannot involve already used services, or the entire package cost. This excludes the Travel Contractor's or Traveler's right to compensation for non-pecuniary damages.
In case of contracting the journey via „Fortune System „or „Last Minute“ Contract, the Traveler waives the right to complain about accommodation.
22. OBLIGATION TO CONSIDER ARBITRATION AND CONCILIATION
Should an issue arise from or related to the Contract, the contracting parties shall first consider the possibility of resolving the issues through the procedure of conciliation in accordance with Regulations of the chosen Conciliation Centre and Arbitration and Conciliation Act. If the parties establish there is a possibility of peaceful solution to the issue, the Parties shall agree on the Centre and members of the council that will conduct the conciliation.
23. JURISDICTION AND APPLICABLE LAW
The Parties shall attempt to resolve all issues resulting from this Contract in a peaceful way in line with the item 22 of General Terms, otherwise they will agree on the jurisdiction of a competent court in Zagreb and the application of relevant laws in the Republic of Croatia.
24. PRIVACY STATEMENT
Travelers' personal information is used in order to realize the contracted journey, which includes forwarding personal information to third parties in the country and abroad, and to insurance companies if the Travel Contractor or Traveler contracts insurance policies through the Travel Organizer, as well as for further communication. The Travel Organizer is bound to use the acquired information only to realize the required service and not to present, give or sell the information to third parties. Personal information is kept in the data base, in accordance with the decision of the Travel Organizer's Board on the ways of acquiring, processing and safe keeping personal information.
25. APPLICATION OF GENERAL TERMS ON CRUISES/ SHIP TRANSPORT
When the Travel Itinerary involves a cruise, or transport by ship, provisions that are differently stipulated under the General Terms of the Shipping Company are applied instead of the General Terms, except for the Travel Organizer's right to cancel the journey if the minimum number of participants hasn't been met, in which case the journey can be cancelled if there are not enough participants, either under the provisions of the General Terms of the Shipping Company or the General Terms.
By signing the Contract that includes the Travel Itinerary from the afore mentioned provisions, the Travel Contractor or Traveler acknowledges to have received General Terms of the shipping company and agrees that they form integral part of the Contract, and accepts the provisions of the shipping company's general terms as such.
26. CONCLUDING PROVISIONS
The General Terms become effective on 1st September 2014.
Rijeka, August 2014.