The subject of this contract is the regulation of mutual relations between the tour operator – Croatia Open Land Tours j.d.o.o. travel agency (hereinafter: COLT) and the TRAVELER, or the travel contractor, in case when the travel contractor makes this contract on behalf of third party as a traveler (hereinafter: TRAVELER).
This travel contract contains general conditions and instructions for travel arrangements, namely, it refers to the travel itinerary which contains all necessary information. The contract is considered binding after being signed by an agency employee (director of the Croatia Open Land or any other agency authorized to sell Croatia Open Land arrangements) and the TRAVELER, after the TRAVELER had paid the price of the travel arrangement fully or partly and ensures payment of the remaining amount by the agreed date. If the TRAVELER is not able to sign the contract in person, the contract becomes legally valid when Croatia Open Land receives the entire agreed arrangement price or, if expressly stated in the contract, a part of the arrangement price. The TRAVELER can apply for a travel via website and other authorized agencies in person, by telephone, the Internet or any other way of remote communication. When concluding the contract, the TRAVELER has to provide personal information and deliver on time all documentation necessary for organizing the travel. The TRAVELER guarantees that has provided COLT with correct and valid information necessary for an unhindered travel and accepts all legal obligations arising from this contract and positive legal regulations.
When applying, to confirm the reservation, the TRAVELER pays 50% of the arrangement price (unless specified otherwise). The rest of the total arrangement price is paid no later than 21 days before departure or documentation is provided for undisputed payment of the total arrangement price. If the TRAVELER does not fulfill his/her obligations no later than 21 days before departure, he/she will be considered to have given up the reservation without the possibility of refunding the advance payment.
For all reservations, including reservations “on request” (when at the time of the TRAVELER’s application there are no available seats, but COLT is able to provide them additionally), COLT charges a reservation fee of HRK 75 (per contract), and when there are less than 21 days left until departure, for such a reservation “on request”, the TRAVELER pays the corresponding part of the arrangement price according to the terms of Article 8 of this contract.
COLT undertakes to process the reservation “on request” within 2 working days (Saturday is not considered a working day) and to inform the TRAVELER in writing or orally. If COLT does not inform the TRAVELER within the specified period of what has been done or is unable to secure a reservation for the requested arrangement, the entire amount of the payment will be returned in full to the TRAVELER. If the TRAVELER does not accept the requested reservation confirmed by COLT, the payment will not be refunded, including the reservation fee.
To confirm the “Fortuna system” or “Last minute” reservations, the TRAVELER is obliged to immediately pay the arrangement price in full or to ensure undisputed payment of the full arrangement price.
Travel prices are published in the itinerary and are valid since the date of publishing of the itinerary. Package prices do not include the reservation fee of HRK 75 (per contract), charged additionally when making reservation. The prices listed in COLT’s itineraries are based on contracts with our partners and do not have to match the prices published on-site in the destination where the TRAVELER is staying, and any possible price difference cannot be the subject of a complaint.
The tour operator can predict that the TRAVELER will pay for certain services that will be used abroad on-site, in the currency of the country in which the TRAVELER is staying. For services paid on-site, a possible complaint is submitted directly to the service provider. COLT can, no later than 21 days before departure, demand an increase of the contracted price if, after signing the contract, the currency exchange rate changed or the prices of the services making the package deal have increased, in particular the transportation costs, including fuel costs, or an increase in fees (on airports and other ports, etc.), increases in the price of accommodation which affect the travel price. In such case, the arrangement price will be increased reciprocally to the increase in the price of the calculative items that were the basis for the price formation.
The TRAVELER is obligated to accept an increase of the contracted price of up to 10%. If the contracted price increases for more than 10%, the TRAVELER has the right to cancel the arrangement, with the obligation to notify COLT of the cancellation in writing within 2 working days of receiving the notification. In case of canceling the arrangement, the TRAVELER has no right to a refund. If the TRAVELER does not submit his/her cancellation to COLT in writing and within the specified period, it is considered that he/she agrees with the price change.
Offered hotels, suites or other facilities in COLT’s itineraries are described according to the official categorization of the country in question, at the moment of the itinerary’s publishing. We would like to state that the local categorization in certain countries differs significantly. Accommodation, food, comfort and other services are under supervision of local and state tourist boards, and standards of accommodations and services are different and cannot be compared. COLT does not take responsibility for any verbal or written information which is not in accordance with the description of services and facilities in COLT’s itineraries valid for the travel in question, and which was given either by COLT’s employees or a third party.
The accommodation is arranged by the reception in the location of stay. If the TRAVELER did not specifically arrange a room/suite with special qualities, he/she will accept any officially registered room/suite for stay in an individual facility or destination described in the itinerary. The accommodation is not available before 4:00 PM on the day the service commences, and it has to be vacated until 10:00 AM on the day the service ends, unless specified otherwise in the itinerary. For later individual arrivals into accommodation facilities (after 8:00 PM), it is necessary to notify COLT at least one day before the departure if such a late arrival is not foreseen in the itinerary.
The TRAVELER applying for a travel abroad has to have valid travel documents. The TRAVELER has to deliver to COLT all necessary information and documents to obtain a visa for the destination country when applying or by the deadline specified in the itinerary. COLT does not guarantee obtaining a visa. If the TRAVELER does not fulfill the states conditions or the request for a visa is rejected, it will be considered that the TRAVELER have given up the travel.
The TRAVELER is obliged to comply with customs and foreign currency regulations. In case that the TRAVELER, due to a failure to comply with regulations, cannot continue the travel, he/she bears all the costs and consequences arising from it. If the TRAVELER loses travel documents or they are stolen during the travel, he/she has to replace them at his/her own expense. The TRAVELER has to take care that he/she personally, his/her documents and luggage meet the conditions made by visa, border, customs, health and other regulations, both of the Republic of Croatia and of the destination country, to follow the house rules in accommodation and hotel facilities, and cooperate with the representative of the tour operator and service providers in good faith. In case of non-compliance with the above obligations, the TRAVELER will be held responsible for damages done, and COLT waives any responsibility for such damages. In that case, the TRAVELER settles the damage with the facility owner (hotel, suite, etc.) at the reception desk.
When signing the contract, a COLT employee will introduce the traveler with the sources of information about the destination country, including an opinion of the Croatian Ministry of Foreign and European Affairs. We recommend every TRAVELER to get information personally on the website www.mvp.com, and look at the list of countries of high or medium risk according to the Croatian Ministry of Foreign and European Affairs.
We recommend all travelers who are not citizens of Croatia and do not have Croatian travel documents to personally get information about the destination country and the conditions that must be met for traveling to that country, bearing in mind the diversity of regulations that apply to citizens of individual countries before paying for the arrangement. COLT can refer the TRAVELER to the source of information, but in no way assumes responsibility for the consequences that could arise for the TRAVELER as a result of non-compliance with these regulations.
Invalid travel documents, i.e., a visa refusal, which results in cancellation of the travel, does not oblige COLT in any respect, and the terms of the travel cancellation apply. COLT waives any responsibility for damage resulting from non-compliance with the regulations of individual countries or caused by invalid travel documents.
In accordance to the Act on the provision of tourism services, the agency employees have to offer the TRAVELER a package of travel insurance which consists of voluntary health insurance during the stay abroad, accident insurance, luggage insurance and travel cancellation insurance. By signing the contract, the TRAVELER confirms that he/she has been offered a travel insurance package. In case the TRAVELER demands the above insurances, they can be arranged directly with an insurance company or with COLT, whereby COLT participates only as an intermediary. The signing of this contract confirms that the passengers have been offered and recommended the insurances listed in the previous paragraph.
When applying, if the TRAVELER anticipates that he/she may have to cancel the travel due to certain situations, we recommend paying for a cancellation insurance policy. Cancellation insurance cannot be paid later, but only when applying for the travel.
Cancellation insurance is valid only in the following cases and with mandatory written proof: military service, illness, death in the immediate family. If the PASSENGER does not have contracted cancellation insurance, has to cancel the travel and has a certificate of military service, illness or death, COLT reserves the right to payment according to the rules specified in Article 8 of this contract. In case of the arrangement cancellation, the cost of obtaining a visa will not be refunded even if the TRAVELER has paid cancellation insurance. By paying for the cancellation insurance policy, the TRAVELER transfers all its claims to the insurance company, and COLT undertakes to provide the TRAVELER with all the documents necessary for TRAVELER’s claims against the insurance company related to the arrangement. All cancellation conditions are listed in the insurance policy, and we recommend every TRAVELER to read them personally.
If the TRAVELER cancels the paid arrangement, COLT (Croatia Open Land Tours) retains from the full price the following (unless specified otherwise in the itinerary):
European travels, vacations, skiing:
Distant travels, foreign language courses
Luxury villa rentals
The above costs also apply to changes in travel dates or accommodation facilities, as well as on all other necessary changes. COLT calculates the real substitution costs if the TRAVELER – the contractor cancels the travel and finds another user of the same reservation who meets all conditions to use the arrangement in question.
If the TRAVELER has not paid the rest of the price or ensured undisputed payment no later than 21 days before departure, COLT will consider that the TRAVELER has given up the reservation without the possibility of refunding the advance payment.
If COLT significantly alters the itinerary, accommodation or the price before departure, it is obliged to notify the traveler about it in writing without delay. The TRAVELER can within 2 work days from receiving a notification from COLT either accept the changed itinerary or refuse it. In case of not accepting, COLT is obligated to refund the paid amount to the TRAVELER. In case of accepting, COLT considers the substitute arrangement offered to the TRAVELER the new travel contract, and the TRAVELER waives all claims against COLT from any legal standpoint which would arise from the original contract.
If COLT after departure did not provide most of the arranged services or if estimates that it will not be able to ensure providing of most of the arranged services, COLT can, at its own expense and with the TRAVELER’s approval, change the itinerary for the rest of the travel, and refund the TRAVELER if necessary for the difference in price between agreed and actually provided services. With the written consent from the TRAVELER, COLT can replace the non-provided services with another service, whereby the TRAVELER waives the right to a claim from COLT for the mutually agreed and modified part of the travel in relation to the signed travel contract.
If COLT could not adequately change the itinerary or if the TRAVELER does not accept the changes for justified reasons, COLT will, at its own expense, enable the TRAVELER to return to the place of departure or another place, if the TRAVELER agrees, and compensate the TRAVELER for any damage suffered in the process. The amount of damage compensation will be equal to the price of the unused part of the contracted itinerary, based on the TRAVELER’s complaint. COLT will resolve the complaint in the manner specified in point 11 of this contract. The largest amount of damage compensation can be the price of the contracted arrangement.
COLT is authorized to cancel the contract either completely or partly with a one-sided statement, without obligation to compensate the TRAVELER for the damages, if there are outer sudden and unforeseen circumstances which could not be prevented, avoided or removed, and which would have been, if existed at the time of signing the contract, justified reason for COLT not to enter into the contract. In that case, the TRAVELER has the right to a full refund of paid amount or the difference in price between agreed and provided services.
COLT retains the right to cancel the travel, no later than 5 days before departure, if the travel was canceled by the tour operator for which COLT was an intermediary in the sale of the arrangement in question or if the minimum number of TRAVELERS required for the arrangement in question and specified on each individual travel itinerary has not been applied or for another valid reason.
COLT retains the right to change the date or time of the travel due to a change in flight schedule, or because of unforeseen circumstances, right to change the travel direction if the travel conditions change (change in flight schedules, safety situation in a certain country, environmental disasters or other circumstances that COLT cannot influence) without a refund and in accordance to valid regulations in domestic and international traffic.
COLT does not take responsibility for changes due to unforeseen circumstances and force majeure during the travel. In that case, it can provide services with regards to the new situation. COLT is not responsible for possible mistakes in the printing of the itinerary as a part of brochures/catalogs, as well as incorrect data entries by operators on COLT’s web pages.
These general conditions apply to all arrangements where COLT is the main operator, except in the case where COLT is an intermediary or not the main tour operator. Such arrangements will be specially marked and the general conditions of the responsible operator apply to them, while COLT is not responsible for the realization of travel arrangements of other operators. By signing the contract, the TRAVELER fully accepts the itinerary and conditions of the travel.
The TRAVELER has the right to complain about the unfulfilled services agreed upon. The TRAVELER has to submit a written complaint to COLT within 8 days from the end of the travel. The complaints submitted after the deadline will not be taken into consideration. We emphasize that it is in the TRAVELER’s interest to act in good faith and show the will to solve any complaints during the travel, and submit his/her written complaint to the service provider at the location (reception, carrier, restaurant or travel agency at the destination) and ask the service provider for a written confirmation of the complaint received. Each TRAVELER – contractor submits the complaint individually. COLT will not take group complaints into consideration.
COLT is obliged to respond to the complaint within 15 days of receiving the complaint in the manner in which the complaint was received (by e-mail, mail or personal delivery which will be addressed by certified mail with return receipt). COLT will take into consideration only the complaints for which the traveler submits a written proof of submitted written complaint to the service provider at the location, and that the cause could not have been removed at the location. If, due to the COLT’s fault, the itinerary or part of the services were not provided, the TRAVELER has the right to a refund in the amount of the real value of the services which were not used and cannot include already used services as well as the full price of the arrangement. In the case of signing a “last minute” travel contract where the name of the accommodation facility is known to the TRAVELER only upon arrival at the destination (offers such as: fortuna, roulette, no name, ace, joker, etc.), the TRAVELER accepts all the risks of such offer. Such offers contain uncertain facts that COLT cannot influence, and the TRAVELER accepted such offer primarily due to favorable price, and therefore the TRAVELER has no right to complain to COLT.
In the event of a dispute related to the contract on online sales and online services, the customer can submit a complaint, i.e. start a procedure for online dispute resolution via the online dispute resolution platform available at the following link: http://ec.europa.eu/consumers/odr/
Until COLT decides on the TRAVELER’s complaint, the TRAVELER renounces mediation by any other person, judicial institution or giving information to the media.
The TRAVELER has to notify COLT about all the facts regarding his/her health, habits, etc., and which could jeopardize the travel (if health or other reasons require a certain kind of food, suffers from chronic disease, allergies, etc.). Some itineraries list special rules for travel which include mandatory vaccinations and acquiring certain documents. The TRAVELER has to complete mandatory vaccination as well as possess confirmation and documents of the act. We recommend buying a health insurance policy.
Luggage transportation up to a certain weight, determined by the carrier, is free of charge. In case of airplane transportation, excess luggage is paid for by the TRAVELER, in accordance to valid rules and prices of the airline company. Children under the age of 2 have no right to free luggage transportation. COLT does not take responsibility for lost or damaged luggage. Lost luggage is reported by the TRAVELER to the carrier or the hotel. In case of airplane transportation, the airline company is solely responsible for the luggage, based on regulations valid in air traffic. In case of lost luggage, the TRAVELER fills out the PIR form of the airline company and submits it to the representative of the airline company, retaining one copy of the form. Based on the completed form, the airline company compensates damages according to regulations valid in domestic and international air traffic. In case of lost luggage in the hotel, the TRAVELER submits the request to the hotel where the luggage was lost. We recommend buying a luggage insurance policy.
In accordance with the Act on the provision of tourism services, COLT concluded an insurance contract with an insurance company in case of insolvency or bankruptcy of the tour operator which resulted in the non-provision of travel services, i.e., for reimbursement of the costs of the TRAVELER’s return to the place of departure. In such an event, the TRAVELER should contact the EUROHERC OSIGURANJE insurance company as quickly as possible.
In accordance with the Act on the provision of tourism services, COLT has concluded a liability insurance contract with the insurance company EUROHERC d.d. for damage caused by the TRAVELER’s non-fulfillment, partial fulfillment or improper fulfillment of obligations, no. 1500-172046557. Agency employees will inform the TRAVELER of the content of the valid liability insurance contract for damage caused by COLT’s non-fulfillment, partial fulfillment or improper fulfillment of obligations related to the arrangement, and by signing the travel contract, the TRAVELER confirms that he is familiar with the content of the above-mentioned insurance contract.
The TRAVELER provides personal information willingly. The TRAVELER’s personal information is necessary in the process of making travel arrangements, and will be used for further communication. COLT is obligated not to transport a TRAVELER’s personal information outside the country, other than for the purpose of making the arrangements. Exceptions from providing personal information to third parties relates to arranging travel insurance policies or, if the TRAVELER buys an insurance policy, then his/her personal information will be forwarded to the insurance company. The TRAVELER’s personal information will be stored in the database, in accordance with the decision of the company’s Management on the method of collecting, processing and storing personal information. The TRAVELER agrees that his personal data may be used for the purpose of contractual arrangements and marketing campaigns of Croatia Open Land Tours.
Information the TRAVELER receives at the reception point do not bind the operator to a greater extent than the information stated in the travel itinerary.
This conditions and travel instructions exclude all previous conditions and travel instructions. General conditions and travel instructions form an integral part of the contract that the TRAVELER concludes with COLT or an authorized travel agency where he/she applied for a travel organized by COLT.
The parties undertake to resolve possible disputes amicably. If this is not possible, in the event of a dispute, the competent court is the court in Karlovac is competent, and Croatian law applies.