LEGAL INFO

LEGAL INFO

Important information

here you will find information on payment methods and General Terms & Conditions sorted by type of services.

CRUISES GENERAL TERMS & CONDITIONS

 1. RESERVATION

For reservations, please contact your travel agent for assistance, call Avansa Travel at +385 20 492 313 or send an e-mail to booking@avansa-travel.com. All prices are based on tariffs in effect at the same time of publication of this manual, and are subject to reconfirmation at the time of booking. Avansa Travel will check availability and send an email with the booking confirmation /proforma invoice.

The amount of deposit is 30% of the total cruise price per person with minimum amount of 300 Euro per person.

 

  1. DEPOSIT AND PAYMENT

In case of cruises a deposit of 30% of the total cruise price per person with minimum amount of 300 Euro per person must be received at the time of booking. This deposit is non-refundable and forms part of your final payment. The balance is due 45 days prior to tour departure. If we do not receive final payment by the specified date, we reserve the right to cancel the reservation. Upon execution of the remaining balance or the full amount, Avansa Travel will send travel document / voucher. Final invoice will be send at the end of the tour. For late bookings (less than 45 days prior to departure), full payment is required at the time of booking. In the case of billing errors, we reserve the right to re-invoice with correct pricing. Service charge is not included in the price and therefore please tip at your own discretion.

 

  1. CANCELLATION FEES

Cancellations must be advised to Avansa Travel in writing. Per person cancellation fees apply as follows:

From the day of confirmation up to 45 days prior to arrival – Eur 200 per person (of deposit payment) is non-refundable. For cancellations or changes thereafter, the following cancellation fees will apply:

No. of days prior to departure   Cancellation Fee

44 – 22 days prior             35% of the remaining balance

21 – 15 days prior             50% of the total

14 – 0 days prior               100% of the total

 

“Departure day” is considered the date Avansa Travel services begin.

Flight and ferry tickets are 100% non-refundable.

 

  1. GUARANTEED DEPARTURES

In 2019 we intend to operate all our schedule departures. In case of any unforeseen circumstances, Avansa Travel or our partner cruise providers reserve the absolute right to change and/or alter any specific departure date, and amend or cancel any of the arrangements for particular itinerary. Should insufficient numbers book the tour Avansa Travel or our partner cruise providers can close the departure. In the unlikely event that a departure is cancelled, we will re-book passengers on the same tour with a different departure date or a similar tour. All re-bookings are subject to availability. If that tour is unacceptable, Avansa Travel will refund all funds paid to Avansa Travel; there is no additional liability. Avansa Travel cannot assume responsibility for any additional costs or fees relating to the issuance and/or cancellation of air tickets, ground transportation, extra accommodation surcharges, travel insurance, visa fees, taxes or any other travel arrangements not made through Avansa Travel.

 

  1. REFUNDS FOR UNUSED SERVICES

No refunds will be made for unused services (like transfer services) or unused part of the program included in tour price once travel arrangements have commenced, especially in the cases where passengers are unable to travel due to invalid travel documents (passports, visas). In case that client cannot find the arrival transfer/driver at the airports, they have to call emergency contact number in the travel documents.

 

  1. COMPLAINTS

Any complaints regarding service have to be given directly to the Avansa Travel or our partner cruise provider’s representative (Tour Escort) on the spot. Any complaints regarding service on board have to be given directly on the ship to Avansa Travel or our partner cruise provider’s representative (Cruise Manager). Complaints have to be sent to Avansa Travel within 15 days from the customer’s departure. Otherwise, such complaints will not be taken into consideration.

 

  1. TOUR MEMBERSHIP

In order to ensure congenial membership, Avansa Travel or our partner cruise providers reserve the right to accept or reject any person as a tour participant and to expel from the tour any participant whose conduct is deemed incompatible with the interests of the tour group.

 

  1. INSURANCE

Avansa Travel strongly recommends insurance to cover cancellation charges, trip interruption, accidents and baggage loss. Avansa Travel accepts no responsibility for damage or loss of baggage or other personal property.

 

  1. DELAYED ARRIVAL

We do not cover any refunds for missed /late flights and, subsequently, late arrival/no start of the tour. All additional costs have to be settled on the spot by passengers. We recommend that in case of delay clients call the emergency phone number which is in the travel documents.

 

  1. PROGRAM PRICES

Program prices are per person, based on two persons sharing a cabin. Single cabin supplements and triple cabin reductions are listed where applicable. When applies, transfers are provided complimentary only from airports to hotel and vice versa by motor coach or private vehicle, only on the first and the last day of the tour, as per the itinerary, under the condition that accurate transfer information is provided. Pre-stay and post-stay transfers are not included in the tour rate, but can be arranged on request.

 

  1. ACCOMMODATIONS ON SHIPS

The ships classified in Avansa Travel online offer are based on local classifications, which vary from country to country. Ships listed in Avansa Travel online offer will be used on almost all departures. If changes become necessary for any reason, booked ships can be substituted only by an ships of the same or higher category and at the price confirmed during booking. While every effort is made to reserve twin cabins, it may happen that a hotel provides some double bedded cabins instead. If such thing happens, double bedded cabins will try to be allocated to couples. Triple share cabins are generally based on an extra auxiliary bed, which is not always suitable for adults. Please note that standard policy is that boarding is possible after 14:00 if not stated otherwise. Early check-in needs to be advised in advance and may require a pre-night to be booked and paid for.

 

  1. LOCAL HOLIDAYS

During national holidays certain facilities (museums, restaurants, sightseeing tours and shopping) may be limited or unavailable. Alternatives will be offered whenever possible.

 

  1. LUGGAGE

In case of land tours, porterage is not included in program price. No responsibility is accepted for loss or damage to baggage, travel documents or passenger’s belongings, nor for luggage loss that occurred in the hotels or luggage left in the bus depots during night periods. Avansa Travel or our partner cruise providers will not accept responsibility for baggage damage caused by normal wear and tear in handling and transportation. All lost luggage on connecting flights are not responsibility of Avansa Travel or our partner cruise providers. We do not guarantee that the luggage will be found and delivered to assigned hotel. We will provide assistance on the spot (through our tour director and local offices) that will help the passenger communicate with airline company.

 

  1. PASSPORTS AND VISAS

A valid passport is required for all tour participants. All passengers, regardless of the passport they hold, should check with the appropriate consulates to determine if any visas are needed. Securing any needed visas is the responsibility of the tour participant.

 

  1. TRAVELERS WHO NEED SPECIAL ASSISTANCE

Any disability requiring special attention must be reported to Avansa Travel at the time of booking. Avansa Travel will make reasonable efforts to accommodate the special needs of disabled tour participants, but is not responsible for any denial of services by carriers, hotels, lodges, restaurants, or other independent suppliers, nor any additional expenses incurred. Motor coaches and minibuses are not equipped with wheelchair ramps. We regret we cannot provide individual assistance to a tour member for walking, dining, getting on/off motor coaches and other transportation vehicles, or other personal needs. Travelers who need assistance must be accompanied by a qualified and physically able companion. Motorized scooters are unsuitable for touring.

 

  1. YOUNG TOUR PARTICIPANTS

Tour participants under 18 years must be accompanied by an adult.

 

  1. HEALTH REQUIREMENTS

Tour participants should check with the consulates and local health boards for the latest health requirements. No medical expenses will be covered for illnesses that occur prior to arrival or on the tour.

 

  1. PETS

Due to safety reasons and comfort for all passengers, animals are not allowed in our tours and cruises.

 

  1. SAFETY

Please be aware that during your participation in cruises operated by Avansa Travel or our partner cruise providers, certain risks and dangers may arise beyond our control including, but not limited to, the hazards of traveling in undeveloped areas; travel by boat, train, automobile, aircraft or other means of transportation; the forces of nature, political unrest and accident or illness in remote regions without means of rapid evacuation or medical facilities. Avansa Travel or our partner cruise providers will not have liability regarding provision of medical care or the adequacy of any care that may be rendered. It is understood that Avansa Travel will use its best efforts to ensure that adequate measures are taken.

 

  1. RESPONSIBILITY *** IMPORTANT

Avansa Travel or our partner tour providers and/or its agents act only in the capacity of agent for the passengers in all matters pertaining to the tour, whether by plane, rail, motor coach, ferry, cruise boat or any other means of conveyance. They shall not be liable for any injury, damage or loss caused by neglect or default of any company or person engaged in conveying the tour, or any hotel proprietor or other person supplying services or material in connection with the cruise.

 

  1. RESERVATION CHANGES-CRUISES

In case of Cruises, is it possible to change reservation until 45 days before departure at 50 EUR fee per passenger plus extra costs if applies in case of a different date/ cruise /cabin type. Within 45 days before departure standard cancellation fees will be applied.

 

  1. FORCE MAJEURE

In case of any unforeseen circumstances during your cruise, including but not limited to: weather conditions, low or high waters, lock schedules, acts of God, government actions, political turmoil, disease, strikes, terrorism, general break down of equipment, closures or black outs of certain attractions listed in the program or similar, Avansa Travel or our partner tour providers reserves the absolute right to change and/or alter any specific sailing date, itinerary or a series of departure dates including implementing any of the following; a) substituting vessels of same or similar quality, b) operating portions of the sailing program via motor coach/hotel accommodations to replace boat schedules, c) substituting listed attractions with those of same or similar quality without prior notice. The vessel operators also reserve the right to cancel any particular sailing date or series of departures, for reasons outlined above, lack of participation or for any other reasons beyond their control. In the unlikely event of a cancelled sailing date, in conjunction with the vessel owners/operators, we reserve the right to offer an alternate date. If that tour is unacceptable, Avansa Travel will refund all funds paid to Avansa Travel; there is no additional liability.

 

  1. SHIPS

Passengers on board are obliged to abide to the ship rules, as captain is responsible for the safety of all passengers and the crew. Jumping and diving from the boat during navigation, as well as climbing on the masts, is strictly forbidden. Swimming far from the boat or the coast should be avoided. It is strictly forbidden to throw rubbish into the sea. It is not allowed to bring drinks and food on the boat, except personal care products, liquid medicine, food products for infants and special diets. Tap water on the ship is not safe for drinking. Water is scarce on every boat, therefore please be very rational with it. The same applies to the electricity which runs on the generator.

 

  1. GROUP BOOKINGS

For Group Bookings different Terms and Conditions may apply. Please contact Avansa Travel agency for further information.

 

In Dubrovnik, 31 December 2018 Avansa Travel d.o.o., Obala Stjepana Radića 40, 20000 Dubrovnik, ID HR-AB-20-090022399

 

TOURS GENERAL TERMS & CONDITIONS

  1. GUARANTEED LAND PRICE

Every effort is made to maintain prices as published, but fluctuating exchange rates may necessitate price changes, the current price will be confirmed at the time of booking, and will be guaranteed not to increase upon receipt of deposit.

 

  1. GUARANTEED DEPARTURES

All of tour departure departures are guaranteed. Avansa Travel or our partner tour providers intend to operate all schedule departures. In the unlikely event that a departure is cancelled, every passenger who has paid either a deposit or full payment will receive a credit of EUR 100 per person if they transfer to another land escorted tour from our annual programme.

 

  1. BOOKINGS and DEPOSIT

All bookings must be made in writing. In order to get confirmation of booking, booking form has to be filled in. All additional changes must also be made in writing and marked clearly on the original booking form where original booking was made.

Your booking will be confirmed immediately in most cases. The amount of deposit is 30% of the total tour price per person with minimum amount of 200 Euro per person. A deposit must be received 5 days after confirmation the latest, at which time an invoice will be issued showing deposit received. The balance is due 45 days prior to tour departure. If deposit is not received, the booking will be assumed cancelled. For late bookings (less than 45 days prior to departure), full payment is required at the time of booking.

 

  1. BOOKING CONFIRMATION

Upon receipt of the booking form (filled in with all necessary information), we will send you our written confirmation. With written confirmation we guarantee all services as per our program.

 

  1. AMENDMENTS OF BOOKING

Amendments of bookings will be made only after reconfirmed booking in writing.

 

  1. DELAYED ARRIVAL

Since we are land operator and do not provide airfare tickets, we do not cover any refunds for missed flights and subsequently late start/no start of the tour. All additional costs have to be settled on the spot by passengers. We recommend that in case of delay clients call the emergency phone number which is in the travel documents.

 

  1. HEALTH REQUIREMENTS

Tour participants should check with the consulates and local health boards for the latest health requirements.

No medical expenses will be covered for illnesses that occur prior to arrival or on the tour.

 

  1. SPECIAL NEEDS TRAVELERS

Any disability requiring special attention must be reported at the time of booking. We will make reasonable efforts to accommodate the special needs of disabled participants; however we are not responsible for any denial of services by carriers. Hotels, restaurants, motor coaches, mini buses, vans and cars are not equipped with wheelchair ramps. We cannot provide individual assistance to a tour member for walking, dining, getting on/off transportation vehicles, or other personal needs.

Travellers who need assistance must be accompanied by a qualified and physically able companion.

 

  1. YOUNG TOUR PARTICIPANTS

Tour participants under 18 years must be accompanied by an adult. On escorted tours we do not recommend children under the age of 8.

 

  1. PROGRAM PRICES

Program prices are per person, based on two persons sharing a room. Single room supplements and triple room reductions are listed where applicable.

For the motor coach tours transfers are provided complimentary only from Dubrovnik and Zagreb airports to hotel and v.v. by motor coach or private vehicle, only on the first and the last day of the tour, as per the itinerary, under the condition that accurate transfer information is provided. Pre-stay and post-stay transfers are not included in the tour rate, but can be arranged on request.

 

  1. ACCOMMODATIONS

The hotels classified in Avansa Travel or our partner tour providers online offer are based on local classifications, which vary from country to country.

Hotels listed will be used on almost all departures. If changes become necessary for any reason, substitute hotels will be similar to those in the brochure.

While every effort is made to reserve twin bedded rooms, it may happen that a hotel provides some double bedded rooms instead. If such thing happens, double bedded rooms will be allocated to couples. Triple share rooms are generally based on an extra rollaway bed, which is not always suitable for adults.

Please note that standard policy is that hotel rooms are available for check-in after 14:00. Early check-in needs to be advised in advance. Also please note that Avansa Travel or our partner tour providers cannot guarantee that early check-in will be free of charge, since the standard policy is that early check-in requires a pre-night to be booked and paid for.

 

  1. LOCAL HOLIDAYS

During national holidays certain facilities (museums, restaurants, sightseeing tours and shopping) may be limited or unavailable. Alternatives will be offered whenever possible.

 

  1. LUGGAGE

Porterage is not included in program price. No responsibility is accepted for loss or damage to baggage or passenger’s belongings.

 

  1. LOST LUGGAGE

All lost luggage on connecting flights are not responsibility of land operator. We do not guarantee that the luggage will be found and delivered to assigned hotel. We will provide assistance on the spot (through our tour director and local offices) that will help the passenger communicate with airline company.

 

  1. TRAVEL DOCUMENTS

No responsibility is accepted for loss of or damage to travel documents or any of passenger’s belongings.

 

  1. PASSPORTS AND VISAS

A valid passport is required for all tour participants. All passengers, regardless of the passport they hold, should check with the appropriate consulates to determine if any visas are needed. Securing any needed visas is the responsibility of the tour participant.

 

  1. REFUNDS FOR UNUSED SERVICES

No refunds will be made for unused services once travel arrangements have commenced, especially in the cases where passengers are unable to travel due to invalid travel documents (passports, visas), unused portion of services which are included in tour price and program, unused transfer services.

In case that client cannot find the arrival transfer/driver at Dubrovnik or Zagreb airports, they have to call emergency contact number in the travel documents.

Any complaint while traveling should be made immediately to local representatives (hotel management, tour director…). All complaints will be accepted in written the latest 1 month after the tour ends. After this date no complaints will be accepted.

 

  1. CHANGES TO ITINERARIES

If necessary for any reason beyond Avansa Travel or our partner tour provider’s control, Avansa Travel or our partner tour providers can amend or cancel any of the arrangements for particular itinerary. Should insufficient numbers book the tour Avansa Travel or our partner tour providers can close the departure.

 

  1. OVERBOOKING

Avansa Travel or our partner tour providers reserve the right to change or modify a reservation in case of circumstances caused by conditions beyond its control that cannot be predicted, avoided or rectified. Booked accommodation can be substituted only by an accommodation unit of the same or higher category and at the price confirmed during booking, provided that customer is notified ahead of time.

 

  1. GROUP BOOKING ON SCHEDULE TOURS

The most efficient, economical and profitable way to operate your group tour is to book into one of our schedule departures. Our buying power will immediately be to your benefit, and our itineraries are tested and proven to be the best combination of touring, city stays and leisure time. Our escorts are the best and have worked with us for many years. Our motor coaches are the finest.

 

  1. BLOCK SPACE EARLY

Avansa Travel or our partner tour providers or the tour provider will block space for your group on our published itineraries, subject to availability. With less than 35 paying passengers, your group will travel with other Avansa Travel or our partner tour provider’s passengers. With 35 or more paying passengers, you may have the exclusive use of the motor coach and tour conductor. If you have planned for exclusive use and the number of passengers falls below the minimum of 35 passengers required, Avansa Travel or our partner tour providers reserve the right to book additional passengers to the party. To guarantee exclusive occupancy for groups numbering less than the minimum of 35 passengers, EUR 150 may be paid for each seat. If your group number falls to 21 passengers or less, the supplement for exclusive use of motor coach and tour director is EUR 200 per person. It is not possible to have exclusive motor coach and tour conductor for less than 15 paying passengers. Selecting a schedule date virtually guarantees that your group will travel despite the number of passengers you book. If you wish, you may (with 35 passengers) pick up any date and we will obtain space for you.

 

  1. DEPOSIT

At the time of booking, a fully refundable deposit of EUR 1.000 for exclusive use or EUR 500 for non-exclusive use is required. Additional deposits of EUR 100 per person are required, as each member is booked.

 

  1. OPTION DATE

The review date is 90 days prior to departure and any space not under deposit will revert back to Avansa Travel or our partner tour providers.

 

  1. ROOMING LIST DUE DATE

The rooming list due date is approximately 60 days prior to departure. This is the latest date space may be released without forfeiture of deposit. It is extremely important that on or before the rooming list due date you contact us and advise the names of passengers booked to date. If all space has not been sold, your options will be as follows:

  • Provide us with names and continue to book on space available basis.
  • Provide us with the names booked to date.

If you wish to hold unsold space, at your own risk you decide on the total number of seats you expect to fill. We will hold this space for you on receipt of your guarantee of EUR 200 per seat for any unsold seats. This is non-refundable.

 

  1. FINAL PAYMENT

Final payment is due 45 days prior to departure.

 

  1. FREE LAND TOUR

Avansa Travel or our partner tour providers provides 1 free in twin accommodations for each 20 paying passengers.

 

  1. TOUR ESCORTS

If your own tour escort accompanies the group, it should be understood that the Avansa Travel or our partner tour provider’s escort is in complete charge for the portion of the trip operated by Avansa Travel or our partner tour providers. He/she will most happily work and confer with your tour escort, but announcements to the group and decision making must be left to the Avansa Travel or our partner tour provider’s tour escort. Please understand that this cooperation is necessary only to avoid conflicting information given to tour members, which could interfere with the tour. It should also be noted that the Avansa Travel or our partner tour provider’s tour escort couldn’t make alterations or deviations to the itinerary at the request of your group escort.

 

  1. CANCELLATION FEES

All cancellations must be made in writing.

The following scale of charges will apply when notice of cancellation of the passenger is given after the booking is confirmed:

From the day of confirmation up to 45 days prior to arrival – Eur 200 per person (of deposit payment) is non-refundable. For cancellations or changes thereafter, the following cancellation fees will apply:

 

No. of days prior to departure   Cancellation Fee

44 – 22 days prior             35% of the remaining balance

21 – 15 days prior             50% of the total

14 – 0 days prior               100% of the total

 

In Dubrovnik, 31 December 2018 Avansa Travel d.o.o., Obala Stjepana Radića 40, 20000 Dubrovnik, ID HR-AB-20-090022399

 

EXCURSIONS GENERAL TERMS & CONDITIONS

  1. GENERAL TERMS & CONDITIONS

 

These General Terms and Conditions regulate relations between the travel agency Avansa Travel d.o.o., Obala Stjepana Radića 40, 20000 Dubrovnik, ID HR-AB-20-090022399 as an excursion organiser or authorized intermediary (hereinafter: the Agency) and passengers, i.e. customers, in case where the customer enters into a contract for the benefit of a third party as a passenger (hereinafter: the Passenger) regarding the organization of an excursion. The excursion organiser is the travel agency that is clearly stated on the Confirmation of the Excursion Purchase (ticket/receipt) as the responsible organiser (hereinafter: the excursion organiser). If some other travel agency or direct service provider other than the Agency is stated as the excursion organiser, the Agency acts in the capacity of the authorised intermediary. The travel agency at which the excursion is paid is deemed the point of purchase.

 

  1. EXCURSION PURCHASE AND PAYMENT

Upon paying the excursion price and providing the required information to the Agency, either orally, by fax, e-mail, mail or the Internet, the Passenger concludes with the Agency an Excursion Contract consisting of the Confirmation of the Excursion Purchase (ticket/receipt), the itinerary and these General Terms and Conditions, and agrees to the conditions contained in the aforementioned documents. Unless otherwise stated in the itinerary, the Passenger is obliged to pay the excursion price 24 hours before the departure date.

 

  1. EXCURSION CONTENT

The excursion content, i.e. the excursion price, includes all items listed in the itinerary. The Passenger shall pay separately for any special and additional services (transfers, additional meals, tickets, tips, etc.) which are not included in the published excursion price and which the Agency may provide and include in the Contract. If the price of some of requested services that the Agency can provide is not stated in the itinerary, the Agency shall inform the Passenger about the price before concluding the Contract. In regard to any special and additional services that the Agency cannot provide and include in the Contract and/or services which the Passenger requests during the excursion and pays on the spot to the direct service provider, the Agency shall not be responsible for such services as the excursion organiser, regardless of the assistance which the Agency representative will provide to the Passenger in obtaining those services and information about their approximate prices. The Agency may request from the Passenger to pay on the spot for certain services to be used abroad in the currency of the country he/she is in or to separately pay in advance any taxes, fees or tickets defined by special regulations which the Agency charges on behalf and for the account of another and over which it has no influence, and which are necessary for the realization of the service or the excursion. In case of services that are paid for on the spot, the Passenger may file a potential claim directly to the service provider. The Agency shall notify the Passenger in due time of the existence, the amount and any possible changes in the payment regime concerning the aforementioned charges.

 

  1. CLASSIFICATION AND DESCRIPTION OF SERVICES

The offered restaurants, means of transport and other services are described in accordance with the official classification of a local tourist organisation or some other competent body at the time of the itinerary issuance. Standards concerning food, means of transport or some other services may differ from place to place or from country to county. The Agency shall not be liable for any oral or written information that is not corresponding to the service description set forth in the itinerary and the General Terms and Conditions valid for the travel if the Passenger has received such information orally from an employee at the point of purchase, by telephone or in writing from an unauthorized person, or in some other way.

 

  1. PROMOTIONAL MATERIALS AND NOTIFICATIONS

The organiser is not responsible for possible printing errors or subsequent modifications in new editions of promotional materials and itineraries about which the Passenger has been warned before entering into the Contract. Pursuant to relevant regulations, employees at the point of purchase are obliged to make available to the Passenger the promotional materials and the General Terms and Conditions for the excursion in a written or an electronic form, to provide adequate information about basic border formalities and other formalities regarding the travel and stay in the place of destination, as well as information about the time needed to complete those formalities. Notifications received by the Passenger at the registration spot do not oblige the Agency to a greater extent than notifications and information stated in the itinerary.

 

  1. ITINERARY

The itinerary is equally binding for the Passenger and the Agency. The Passenger shall comply with the departure times stated in the itinerary, as well as with the instructions and information pertaining to the realization of the itinerary received orally from the Agency representatives, i.e. tour escorts or guides. If the Passenger separates from the group before receiving appropriate information about the time and place of the group reunion and continuation of the travel, he/she may not claim compensation from the Agency for potential expenses incurred and damages sustained. The Agency reserves the right to continue the trip without the Passengers who fail to appear in time on at the point of departure or continuation of the trip. The Passenger’s absence shall be considered as his/her cancellation of the excursion. The Agency shall not be liable in any way if certain activities and content which depend on weather conditions and natural phenomena cannot be realized in accordance with the itinerary or expectations of the Passenger. Furthermore, the Agency shall not be liable in any way if bad weather conditions (rough sea, heavy precipitation, etc.) render the realization of certain itinerary items impossible, or necessitate changes in the sequence or duration of certain itinerary items.

 

  1. EXCURSION PRICES

Excursion prices are stated in the itinerary and are valid as of the date of publishing the itinerary. In the event of any changes in valid tax regulation, changes in the exchange rate of the agreed upon currency, an increase in transportation costs, including fuel costs, or an increase in fees for certain services (at airports and other ports, etc.) which influence the excursion price, the Agency reserves the right to change the price up to 7 days before the start of the excursion. If the number of excursionists is below the required minimum for the realization of the itinerary, the Agency reserves the right to change the price within the aforementioned time period or to cancel the excursion and return the purchase price. An increase in the price is calculated in the same percentage by which the aforementioned calculative elements have changed. In case of a price increase, the Passenger may cancel the Excursion Contract and claim a refund of the portion of the price paid until then; however, he/ she is not entitled to compensation of damages, possible insurance costs and similar expenses.

 

  1. ITINERARY MODIFICATIONS AND EXCURSION CANCELLATIONS

The Agency shall immediately notify the Passenger of any modification of the itinerary. The Agency may cancel the excursion or modify the itinerary at any moment if extraordinary circumstances which cannot be prevented, avoided or remedied (wars, unrests, strikes, terrorist attacks, sanitary issues, natural disasters, traffic accidents, sudden and uncommon traffic jams, interventions of competent authorities, sudden modifications of timetables, flight delays and delays in travels via other means of transport, bad weather conditions, etc.) occur before the beginning of or during the excursion, and which, had they occurred at the time of concluding the Contract, would have been considered by the Agency as a justified reason for not concluding the Excursion Contract. The Agency notably reserves the right to change the date and time of departure due to timetable modifications or occurrence of other aforementioned circumstances, as well as the right to change the travel route due to changed circumstances, without indemnifying Passengers and in accordance with the applicable passenger traffic regulations. The Agency shall neither be liable for flight delays or delays in ship or train departures/arrivals, for itinerary modifications, nor for costs incurred as a result of such delays. The Agency reserves the right to cancel the excursion in entirety or partially if it fails to conclude Excursion Contracts with the minimum number of Passengers stated in the itinerary. In these cases the Passenger is entitled to a refund of the amount paid; however, he/she is not entitled to compensation of damages, possible insurance costs and similar expenses.

In case of cancelling the departure, the Agency may offer to the Passenger another departure date or another excursion. The Passenger is obliged to reply immediately whether she/he accepts or refuses the modified or substitute excursion. If the Passenger refuses modifications and the substitute excursion or fails to reply to the Agency’s offer, the Contract shall be terminated and the Passenger shall be entitled to a refund of the amount paid; however, he/she is not entitled to compensation of damages, possible insurance costs and similar expenses.

If the Passenger accepts the modified or substitute excursion, he/she renounces any claims towards the excursion organizer or intermediary on any legal basis, except the right to a refund of a part of the price if that of the substitute excursion is lower.

 

  1. REFUND IN CASE OF EXCURSION CANCELLATION

If the Passenger cancels the excursion, the Agency shall keep the following excursion price percentage as damage compensation (unless otherwise stated in the itinerary):

 

0-24 hours before the departure – 100 % of the excursion price

 

The Passengers who fail to arrive at the point of departure at the time stated on the excursion ticket or itinerary are not entitled to a refund of the amount paid. If the actual incurred damage exceeds the stated one, the Agency reserves the right to charge it; however, in the maximum amount of the 100% of the excursion price. The aforementioned cancellation costs are also applicable in case of modifications of the departure date and any other relevant modifications done by the Passenger, unless the itinerary explicitly states otherwise.

The Agency shall be authorized to cancel an excursion for reasons that are not extraordinary circumstances which cannot be prevented, avoided or remedied not later than 12 hours prior to excursion commencement and in this case the Passenger shall be entitled to compensation in the amount of 100% of the paid excursion price unless the itinerary explicitly states otherwise. The Agency shall be authorized to cancel an excursion for reasons that are extraordinary circumstances which cannot be prevented, avoided or remedied at any time and in this case the Passenger shall be entitled to compensation in the amount of 100% of the paid excursion price unless the itinerary explicitly states otherwise.

The Passenger shall not be entitled to any refunds, damages, possible insurance costs and similar expenses other than those explicitly stated herein in case an excursion is cancelled or modified by the Agency for any reason.

 

  1. RESPONSIBILITY FOR IDENTITY DOCUMENTS AND PASSENGERS’ PERSONAL SAFETY

When embarking on an excursion, the Passenger must have on them the Confirmation on the Excursion Purchase (ticket) and valid travel documents if travelling abroad, and ensure that he/she personally, as well as his/her documents, luggage and other possessions comply with the conditions set by the carrier and those stipulated by border, customs, health and other regulations of his/her country, as well as of the country through/ to which he/she travels. The Agency is neither responsible for authorized officials’ decisions disallowing boarding, denying visas or disallowing entrance to a certain country, nor for potential costs incurred as a result. If due to the aforementioned reasons, the excursion is cancelled before or during the excursion, the Agency reserves the right to charge compensation of damages in accordance with these General Terms & Conditions. In addition to the obligation of observing the itinerary, the Passenger shall observe house rules in eating establishments and in means of transport, as well as cooperate in good faith with the Agency representative and service providers. In case of non-observance of these obligations, the Agency shall not be liable in any way for the caused damage and the Passenger shall pay for it on the spot. During the travel, the Passenger must follow the personal safety rules that would be respected by any average person. The Agency is not responsible for the Passenger’s actions concerning his/her personal safety. The Passenger bears costs of loss or theft of documents during the travel. On condition that it does not affect in any way the realization of the itinerary or create additional costs for the Agency, the Agency representative (tour escort or guide) will provide personal assistance to the Passenger in dealing with formalities regarding contacts with local authorities, Croatian diplomatic missions and consular offices, health institutions, etc. In all other cases, the Passenger must personally and at his/her own expense deal with such formalities. If due to these formalities the Passenger is unable to continue the travel in accordance with the itinerary, the Agency will consider it as the cancellation of the excursion. The Agency shall not be liable for the costs and possible damage incurred by the Passenger on this basis. The Passenger is obliged to notify the Agency in due time about all facts with regard to his/her health condition, habits, etc., that might jeopardise the smooth running of the excursion (health issues requiring special diet, chronic illnesses, allergies, etc.).

 

  1. SUBSTITUTION OF PASSENGERS

If the Passenger is prevented from travelling, he/she can name a third person as the substitute passenger who can use in his/her place the agreed upon services and shall duly notify the Agency about this in writing. The Agency will accept the third person named as the substitute passenger if it was notified about this in due time, if the third person meets all foreseen conditions for the excursion, if there are no legal or other obstacles which render the substitution of passengers impossible, and if it is possible to change the reservation. Before the start of the travel, the substitute passenger or the Passenger shall reimburse the Agency all additional costs caused by the substitution.

 

  1. LUGGAGE/BAGGAGE ALLOWANCE

The Agency is not responsible for the transport of luggage and is not liable for destroyed or lost luggage, or for the luggage or valuables stolen in a means of transport. Applications for lost luggage are filed by the Passenger with the carrier or with the accommodation facility. Special luggage (bicycles, surfboards, golf equipment, musical instruments and similar items) has to be announced by the Passenger before concluding the Contract and can be subject to additional charges. If possible, the Agency will try to fulfil the previously announced Passenger’s additional request for special luggage; however, it cannot guarantee the fulfilment of such a request. The carrier has the right to reject additional and special luggage due to a limited carrying capacity. The Agency is not liable for any costs and/or damages sustained by the Passenger due to this. The Passengers are responsible for taking care of their possessions carried into the passenger cabin of a means of transport (bus, ship, minibus, car, etc.), and are obliged to take them with them every time they leave the vehicle/vessel. Otherwise, the Passengers will be responsible for the theft, loss or damage of possessions left in the passenger cabin without their surveillance. The transportation of pets is not allowed save in exceptional cases, at request and subject to additional charges. The Agency cannot guarantee the fulfilment of such requests.

 

  1. HANDLING/FILING COMPLAINTS

If the Passenger files a complaint during the excursion for non-performance or undue performance of any of the agreed upon services, he/she shall observe the procedure instructions of the excursion organiser/service provider and cooperate with the excursion organiser/service provider with the aim of resolving the complaint on the spot. In case of non-performance or undue performance of a service agreed upon within the excursion organized by the Agency, the Passenger may initiate the complaint procedure prescribed by these General Terms & Conditions for the purpose of resolving the noted irregularities. Immediately upon identifying an omission, the Passenger shall file a complaint for an unduly provided service to the person who has provided the service, in the presence of the Agency representative. The Passenger is obliged to cooperate with the Agency representative and the service provider, and to act in good faith in order to resolve any complaints. Should the Passenger decline on the spot the proposed solution which corresponds to the rendered service, the Agency is not obliged to take later complaints into consideration. The Passenger may submit a written complaint at the point of purchase where he/she bought the excursion no later than 8 days following his/her return from the trip. The Passenger is obliged to provide well-argued reasons for his/her claims. The Agency will only take into consideration fully documented complaints which are received within the 8-day deadline and will render a decision in writing regarding the Passenger’s complaint within 15 days upon the receipt of the complaint from the point of purchase. The Agency may prolong the complaint resolution deadline by additional 15 days in order to collect necessary information and check allegations stated in the complaint with the service provider. Until a decision has been made by the Agency and for the duration of the 30 days after the complaint has been filed, the Passenger waives the right to arbitration before any other institutions or court, and shall not publicly disclose any information concerning the subject matter. Furthermore, for the aforementioned 30- day period the Passenger relinquishes the right to file suits. The Passenger has the right to compensation in the amount of the actual value of the unused services, while compensation for damages in non- performance, partial performance or undue performance of obligations is limited to the amount of the excursion price. This excludes the Passenger’s right to be compensated for non-material damage. Each Passenger files complaints separately. The Organiser reserves the right to dismiss group complaints, complaints that arrive after the expiration of the set time limit, and those for which it is established that they could have been resolved on the spot if the Passenger had cooperated with the Organiser’s representative.

 

  1. EXCURSIONS OF OTHER ORGANISERS/ TOUR OPERATORS

These General Terms & Conditions are applicable to all excursions for which the Agency is the main organiser. They shall not apply to the cases where the Agency acts as an intermediary, i.e. where it is not the main organiser. Such excursions shall be separately marked and governed by the general terms and conditions of the main organiser. The Agency shall not be responsible for the execution of excursions of other organisers.

 

  1. FINAL PROVISIONS

This edition of General Terms & Conditions replaces all earlier editions. Any possible/ foreseen deviations from these General Terms & Conditions must be stated in the itinerary.

By purchasing the excursion the Passenger who is a parent of a minor child – passenger confirms under material and criminal liability that the other parent is informed of the Excursion Contract and that he/she explicitly agrees to it.

By purchasing the excursion, the Passenger provides his/her personal information of his/her own free will to the Excursion Organiser/intermediary and agrees to its use for the excursion realization purposes and the protection of the Passenger’s interests in all dealings related to the contracted excursion/service. This includes forwarding personal data to third persons, in the country and abroad, who need them in order to enable the realization of the contracted excursion/service. Personal data can also be used for further inter- communication and promotional offers of the Agency. The Agency undertakes to keep personal data in a database in accordance with the Agency’s decision on the method used for collecting, processing and securing personal information.

 

By purchasing the excursion, the Passenger confirms the following:

  • That the Excursion Organiser/ intermediary fully informed him/her prior to concluding the Contract about the basic border, visa and health care formalities with regard to the travel and stay in the place of destination, as well as about the time needed for completing those formalities.
  • That he/she was offered and recommended to take travel accident and illness insurance, luggage damage and loss insurance, voluntary health insurance for the duration of the travel and stay abroad, travel cancellation insurance, and insurance covering the costs of assistance and return of the passenger to the place of departure in case of accidents or illnesses, as well as that he/she was informed about the insurance content. In case the Passenger requests the aforementioned insurances, they can be contracted directly with an insurance company or with the Agency as an insurance intermediary.

 

It is considered that by purchasing an excursion the Passengers have been offered and recommended the aforementioned travel insurances.

The Parties shall make an effort to amicably resolve any possible disputes. If those attempts fail, disputes shall be resolved before a competent court in Dubrovnik and shall be governed by the Croatian law.

 

In Dubrovnik, 31 December 2018 Avansa Travel d.o.o., Obala Stjepana Radića 40, 20000 Dubrovnik, ID HR-AB-20-090022399

GENERAL INFORMATION ON STIPULATIONS AND CONTRACTS

Terms of the Travel Contract i.e. Brokerage agreement

 

  1. GENERAL TERMS

This Contract determines the mutual relationship of the Travel Organizer, the Agency and the Traveller i.e. the Travel Contractor in the case where the Travel Contractor signs this contract on behalf of a third party.

 

  1. PERSONS IN THE TRAVEL CONTRACT

This Contract determines the mutual relationship of the Travel Organizer, the Agency and the Traveller i.e. the Travel Contractor in the case where the Travel Contractor signs this contract on behalf of a third party.

 

  1. THE TRAVEL CONTRACT

The Traveller is the person signing this Contract in his/her own name, and on his/her own behalf, or for a third party. If this Contract is signed on the behalf of a third party, the Traveller gains an immediate right towards the Travel Organizer/Service Provider, who is obligated to fulfil what the Travel Contractor has arranged for the third party. The Travel Contractor guarantees that the Agency/Travel Organizer has been provided with correct and valid data necessary for the undisturbed realization of the trip, and accepts all legal obligations deriving from this Contract and from legal regulations.

 

  1. TRAVEL CONTRACT FUNDAMENTALS

The Travel Contract is considered to be binding after being signed by the Parties, or if their approval has been clearly received in another manner (via the Internet, fax, e-mail, credit card credentials, bank payment), and has a legal effect when the Agency receives the agreed-upon payment before or on the stipulated date or, if it is arranged in that manner, receives a part of the agreed-upon payment, and the rest and/or the documentation ensuring the payment of the remainder until the stipulated date.

 

  1. THE AGENCY’S OBLIGATIONS

The Agency is obliged to provide the Traveller with services in the contents and capacities stipulated by the Agreement, and is obliged to take care of the Traveller’s rights and interests, as is the business practice in this business, and can be held accountable by the Traveller for not fulfilling its services, partially fulfilling its services, or fulfilling its services in a sloppy manner, up to the value of the agreed-upon travel package.

 

  1. THE TRAVEL ORGANIZER’S/SERVICE PROVIDER’S OBLIGATIONS

The Travel Organizer/Service Provider is bound by the information contained in the advertising materials or programmes, unless the Travel Contractor hasn’t specifically agreed to different terms due to the fact that the advertising material/programme specifies that the information within can differ, which means that the clauses of this Contract are applicable, and not the information contained in the advertising material.

 

  1. PRICES

All parties agree that the Travel Organizer reserves the right to raise the prices listed in this contract up until 20 days before the start of the travel, in cases of changes in the exchange rate of the agreed-upon currency, higher travel costs (including fuel costs, or certain fees at airports etc.) which influence the price of the travel, and over which the Travel Organizer has no control over. If the Travel Organizer’s terms do not specify otherwise, the price increase is calculated by the same percentage by which changes of the listed calculated elements took place. The Travel Contractor or Traveller have the right to terminate the Travel Contract if the increase of the price would exceed 10%. In that case, the Travel Contractor or Traveller is granted a reimbursement of the amount paid up until then, without the right for damages and costs such as visas, insurance, vaccinations etc.

 

  1. TRAVEL CONTRACT TERMINATION

The Travel Organizer/Service Provider/Agency has a right to terminate this Travel Contract by a unilateral statement in full or partially, if a full or partial payment for the travel and/or documentation securing the payment of the remainder of the price is not received by the agreed-upon date. In that case, the Traveller has no right to indemnity or compensation of visa, insurance, vaccination or similar costs, and the Travel Contractor is obliged to settle the fees listed in the Contract, as if the Travel Contractor has cancelled by himself/herself.

 

  1. TRAVEL CONTRACT CANCELLATION

The Travel Organizer/Service Provider/Agency holds the right to cancel this Travel Contract by a unilateral statement in full or partially, if Travel Contracts with the necessary minimal number of Travellers haven’t been signed, or if there are extraordinary circumstances that could not have been stopped, avoided, or removed, which would justify the cancellation of the Contract by the Travel Organizer/Service Provider/Agency. In that case, the Traveller has no right to indemnity or compensation of visa, insurance, vaccination or similar costs.

 

  1. CHANGES TO THE TRAVEL CONTRACT

Instead of terminating the contract, before the trip, the Travel Organizer or Agency can offer the Traveller/Travel Contractor to sign a revised Travel Contract and/or choose another travel arrangement.

 

  1. THE DEADLINE FOR ACCEPTING CHANGES TO THE TRAVEL CONTRACT

The Traveller/Travel Contractor has 2 (two) work days after receiving the offer from the previous article to accept the revised Travel Contract or another travel arrangement, or to refuse the changes and the replacement travel arrangement. If the Traveller/Travel Contractor refuses the changes and the replacement travel arrangement, or fails to respond to the Travel Organizer’s/Agency’s offer, the Travel Contract is terminated without the Traveller’s obligation for the reimbursement of damages and costs. In that case, the Travel Organizer is obliged to pay back the amount of money paid up until then.

 

  1. CONSEQUENCES OF ACCEPTING THE REVISED TRAVEL CONTRACT

In the event of accepting the revised Travel Contract or the replacement travel arrangement the Traveller/Travel Contractor has no claims towards the Travel Organizer or Agency from any legal standpoint, except the right to reimbursement of a part of the price, if the price of the replacement travel arrangement is lower than the price of the original one.

 

  1. EXTRAORDINARY CIRCUMSTANCES

If the Travel Organizer, after the trip has started, is unable to provide a majority of the agreed-upon services or if it is assessed that the Travel Organizer will not be able to ensure a majority of the agreed upon services due to extraordinary circumstances that could not have been anticipated, avoided, or removed (war, riots, strike, terrorist actions, sanitary disturbances, natural disasters, traffic accidents, sudden and unusual traffic delays, governmental intervention, sudden changes of traffic schedules, plane and other delays, bad weather etc.) the Travel Organizer can make changes necessary for the continuation of the trip, and reimburse the price difference between the agreed-upon and realized services to the Traveller upon returning from the trip, if such a difference exists.

 

  1. WRITTEN DOCUMENTATION

The Travel Contractor or Traveller can terminate the Travel Contract in full or partially at any time in writing. The Travel Organizer’s advertising material/programme and/or general travel terms specify the way a fee needs be paid in the event of terminating the Travel Contract, and the Traveller/Travel Contractor verifies by signing this Travel Contract that he/she is familiar with that information, and that he/she obliges to pay the Agency/Travel Organizer the fee, independently of the amount paid up until the Travel Contract was terminated. In the event of terminating the Agreement on brokering one or more special services which enable a trip or stay to be realized, the Traveller/Travel Contractor is obliged to settle the Agency’s and the Service Provider’s fee, which depend on the terms stipulated by the Service Provider.

 

  1. IF THE TRAVELLER IS UNABLE TO TRAVEL

If the Traveller is unable to travel, he/she can designate a third party to use the agreed-upon services, provided that the Agency/Travel Organizer/Service Provider has been notified in writing. The Travel Organizer/Service provider will accept the third party designated as the replacement Traveller if the third party fulfils all the necessary conditions for travelling, and if there are no legal or other obstacles which do not allow the third party to travel to a certain country, or if the legal system of the country which is the travel destination does not allow the substitution of Travellers, or if the reservation change cannot be performed.

 

  1. THE COST OF SUBSTITUTING TRAVELLERS

Before the trip begins, a third party or the Travel Contractor/Traveller are obliged to reimburse the Travel Organizer or Agency for all the additional expenses caused by the Traveller substitution.

 

  1. IMPORTANT INFORMATION ON THE TRAVELLER

The Traveller’s duty is to notify the Agency on time about all the aspects concerning his/her health, habits etc. which could jeopardize the trip (if a special diet is needed due to health and other reasons, or if the Traveller has a chronic illness etc.).

 

  1. PICKING UP THE DOCUMENTATION

The Traveller is obliged, 8 days before travel at the most, to pick up the travel documentation (voucher, information on time and place of departure, intermediate destinations, changes to the transportation device, time of arrival, telephone number or another contact which enables him/her to get in touch with the Travel Organizer; if a minor is travelling – a way to contact him/her or a person directly responsible, and other necessary information) at the retail outlet, if they haven’t received it earlier, or request that it be delivered by mail.  The damages made from not picking up the travel documentation on time are the sole responsibility of the Traveller.

 

  1. VOUCHER

The Traveller is obliged to present the voucher or another proof that he/she has paid the trip in full, when requested to do so by a representative of the Travel Organizer/Service Provider, before the trip starts. If it has not been paid in full, and if documentation ensuring the payment of the remainder is not delivered until the agreed-upon date, the Traveller cannot start the trip/use the service, unless the contractual parties have agreed otherwise.

 

  1. THE TRAVELLER’ RESPONSIBILITIES

The Traveller must ensure that his/her documents and belongings fulfil the terms specified by the carrier and those stipulated by border, customs, health, and other regulations of his/her country, and the country he/she is travelling to. The Travel Organizer is not responsible for decisions made by officials, which would cause the Traveller to be denied transportation or entry into a specific country, as well as costs which would stem from that fact. If the Traveller’s documents are lost or stolen during the trip, the Traveller has to pay for their cost. The Traveller is obliged to follow the itinerary and the rules of hospitality facilities, accommodation facilities and means of transport, and cooperate with the representative of the Travel Organizer/Service Provider in good faith. If these terms are not obeyed, the Travel Organizer is not responsible in any way for damages caused, and the Traveller has to pay for the damages immediately. The Traveller is obliged to follow personal safety rules while on the trip, which any average person would follow. The Travel Organizer is not held accountable for the Traveller’s personal actions.

 

  1. LAST MINUTE ARRANGEMENTS

If the Travel Contractor has signed a “last minute” Travel Contract or a Travel Contract which states that the Traveller will find out the name of the accommodation facility only when he/she arrives at the destination (special promos such as: fortune, ace, joker, roulette, no name hotel etc.), the Traveller accepts all the risks of such a travel. A characteristic of such trips is that they hold unforeseeable circumstances the Travel Organizer has no effect on, an the Traveller has accepted a trip of this kind mainly for the cheaper price, and so the Traveller has no right to complain to the Travel Organizer.

 

  1. COMPLAINTS

During the trip, if the Traveller objects to some of the services not being fulfilled or being fulfilled sloppily, he is obliged to follow the Travel Organizer’s/Service Provider’s instructions on the procedure, and cooperate with the Travel Organizer/Service Provider representative in order to alleviate the cause of the complaint at the location where the service is being granted. If the above is not possible, the Traveller and the Travel Organizer/Service Provider representative are obliged to draft a written confirmation on the fact the the cause of the complaint has not been alleviated, and then deliver the complaint to the Travel Organizer within the determined deadline, upon returning from the trip. The Travel Organizer holds the right to reject group complaints, untimely complaints, and complaints about a situation that could have been alleviated at the location where the service was granted, but the Traveller didn’t cooperate with the Travel Organizer/Service Provider representative. The Travel Organizer is obliged to deliver the response to the Traveller in the deadline listed in the General Terms or advertising material. For agencies that are members of UHPA (Association of Croatian Travel Agencies) – the Traveller can file a complaint with UHPA’s Arbitration Commission before filing a lawsuit.

 

  1. COURT JURISDICTION

In the event of a dispute, the jurisdictional court is the one with the jurisdiction for the location where the Travel Organizer’s/Service Provider’s agency headquarters is situated.

 

  1. TRAVELLER – MINOR

By signing this Travel Contract, the Travel Contractor – parent of a Traveller-minor – confirms that the other parent is familiar with this Travel Contract and has no objections, under criminal and material liability.

 

  1. PRIVACY

By signing this Travel Contract the Travel Contractor voluntarily gives personal information of the Travel Contractor and Traveller to the Travel Organizer/Agency and allows for the information be used for the purpose of protecting the Travel Contractor’s and Traveller’s best interests, in all matters pertaining to the trip/service. This also includes forwarding the information to third domestic and foreign parties, who are indispensable for the realization of this trip/service. This information can be used for subsequent communication and the delivery of the Agency’s advertisements. The Agency is obliged to store the personal information in a database, in accordance with the Agency’s decision on the method of gathering, processing and storing personal information.

 

  1. MEANING OF THE SIGNATURE

By signing this Travel Contract, the Travel Contractor confirms that the Travel Organizer/representative has informed him/her beforehand on the basic border, visa, and health formalities pertaining to the trip or stay, as well as the time needed to complete these formalities.

 

  1. INSURANCE

By signing this contract, the Travel Contractor confirms that he/she was offered special insurance for the costs of terminating this Travel Contract by the Traveller, for injury, illness, death, and loss of luggage during the trip and stay, which also covers the costs for helping and returning the Traveller to the starting point of the trip in the event of an accident or illness.

 

  1. INSURANCE AGAINST AGENCY’S INSOLVENCY OR BANKRUPTCY

In accordance with the Act on the Provision of Tourism Services, in the event of Agency’s insolvency or bankruptcy, a Traveller in the middle of a trip, as well as other persons who gave an advance payment for a trip should immediately contact the Agency’s insurance company (hereinafter: Euroherc osiguranje d.d. Ulica grada Vukovara 282, 10000 Zagreb, Croatia), and refer to the insurance policy number: 804132146.

 

In Dubrovnik, 31 December 2018 Avansa Travel d.o.o., Obala Stjepana Radića 40, 20000 Dubrovnik, ID HR-AB-20-090022399

 

GENERAL TERMS & CONDITIONS OF AND DIRECTIVES FOR PROVIDING TRAVEL AGENCY SERVICES

  1. GENERAL PROVISIONS

 

1.1. These General Terms and Conditions of and Directives for Providing Travel Agency Services (hereinafter: General Terms and Conditions) are a constituent part of the package travel arrangements programs (hereinafter: Arrangement) and Package Travel Contracts (hereinafter: Contract or Travel Contract) concluded between Avansa Travel d.o.o. Travel Agency, Obala Stjepana Radića 40, HR20000 Dubrovnik, PIN (OIB): 62339288354 (hereinafter: Avansa Travel or the Tour Operator), ie. the vendor or arrangement seller and the traveller (hereinafter : the traveller), and sales-purchase contracts for other tourist agency services.

 

1.2. Expressions used in these General Terms and Conditions have the meaning established by the Act on the Provision of Tourism Services (Official Gazette No. 130/2017), unless explicitly stated otherwise.

 

1.3. Gender specific expressions used in these General Terms and Conditions equally apply to both the masculine and the feminine gender.

 

  1. GENERAL TERMS AND CONDITIONS FOR PACKAGE TRAVEL ARRANGEMENTS

 

2.1. Package travel contract

 

2.1.1. The General Terms and Conditions for Package Travel Arrangements apply to package tours organized by Avansa Travel and package tours of other travel organizers mediated by Avansa Travel. Avansa Travel’ General Terms and Conditions are considered to apply unless the Travel Contract specifi es otherwise. Package travel arrangements where Avansa Travel is not the responsible tour operator are subject to the general terms and conditions of the responsible tour operator and Avansa Travel is not liable for their implementation.

 

2.1.2. The Tour Operator is the travel agency which is specified as the tour operator in the Travel Contract and guarantees for the announced program to be carried out in accordance with the content of the arrangement.

 

2.1.3. In case the contract, special operating terms and conditions or a specific program should specify otherwise with regards to any point of these General Terms and Conditions, the respective conditions will apply in the following order: as specified by the contract, followed by the travel program, the special conditions and the General Terms and Conditions.

 

2.1.4. In case of telephone or online sales the traveller will be considered to have accepted the provisions of these General Terms and Conditions at the point when they have ordered the arrangement via telephone or online. Travellers are obliged to familiarize themselves with the General and Special Terms and Conditions published at the website www.avansa-travel.com, or any other publicly available website where Avansa Travel makes it possible to purchase its arrangements or arrangements organized by other tour operators.

 

2.1.5. A traveller is any person who wants to conclude a package tour travel contract or who has the right to travel pursuant to a concluded package tour travel contract and these General Terms and Conditions of and Directives for Travel Arrangements apply to them.

 

2.1.6. All data and conditions in the program and these General Terms and Conditions are binding on the Tour Operator and the traveller, unless the Contract specifies otherwise.

 

2.2. Registration

 

2.2.1. Registrations for arrangements offered by Avansa Travel can by made in any Avansa Travel branch office and the branch offices of authorized travel agencies acting as agents offering package tours for which Avansa Travel is the responsible tour  operator, by providing the required data via e-mail, regular mail, telephone or online. During the course of the registration Avansa Travel and the traveller will close a contract which will also serve as a booking confirmation and contains information on the traveller’s package tour or refers to the arrangement program containing such information. During the process of registration the traveller is obliged to provide all data and submit documents required for the travel program and to pay an advance sum and the registration and booking costs.

 

2.2.2. Based on the registration received Avansa Travel shall offer the Traveller a Contract which is considered binding once the contracting parties sign it or otherwise clearly confirm their consent (online, via e-mail, by making available the credit card details, by payment to the account) and produces legal effects if and when Avansa Travel receives the appropriate payment within the agreed deadline. Unless otherwise stated in the program, a payment of 30% of the price is required on signing the Contract and the rest not later than 45 days prior to the date of departure, group cruise departures and far travel tours. In the contract the Tour Operator and the traveller can also agree other possibilities of payment.

 

2.2.3. For its services Avansa Travel charges the traveller standard booking costs and costs of setting up the contract in selling tourist arrangements in the amount of HRK 50,00 per registration for package tours. For complex offers Avansa Travel charges a deposit for setting up the offer in the amount of HRK 100,00.

 

2.2.4. A traveller who does not submit to Avansa Travel accurate data at registration is liable for any costs or consequences arising from the usage of inaccurate data.

 

2.2.5. The registration is binding on the traveller. The traveller can only cancel a registration in accordance with the provisions on cancellation of the trip by the traveller as stipulated herein. The Contract is established once signed by the traveller and Avansa Travel or once the traveller makes a payment on account of the package tour irrespective of whether the Contract has actually been signed or not.

 

2.2.6. Apart from a written registration or signed contract, a binding registration is considered to be any order addressed to Avansa Travel orally or in writing, provided that it contains the given and the family name of the traveller and other travelling companions, the credit card number or identification of another payment instrument, payment of the registration fee or part thereof, payment of the registration or booking cost or a conclusive act confirming that the traveller has forwarded a binding registration or a registration containing any of the above data.

 

2.2.7. On the occasion of an on-request booking (RQ-request) the traveller pays a deposit in the amount specified by the cancellation cost schedule of the responsible tour operator which is not less than 10% of the total price. Thus everything set forth herein or in the terms and conditions of the responsible tour operator becomes binding on the traveller and the tour operator, provided that the responsible tour operator confirms such on-request booking.

 

2.2.8. Should the traveller decide to make a booking with option (upon agreement or offer) by the Tour Operator, the conditions of concluding the contract as set forth in the option document apply. The option is not valid nor binding in case of force majeure or stop booking.

 

2.2.9. In case an order or sale-purchase of a tourist arrangement is made online, it is subject hereto and to the applicable special conditions and the offer published on the Avansa Travel website or the website of the agent. Should the provisions hereof and the provisions of the special conditions or offer published on the website not match, the provisions published on the website apply. The traveller is considered to have accepted the provisions of the general and special terms and conditions of the travel arrangement at the point of ordering the travel service through the website. The closing of a Travel Contract online is conditional upon payment of the entire price of the travel arrangement.

 

2.3. Payment

 

2.3.1. The day of payment is considered to be the day when the traveller makes the payment at the Avansa Travel cash desk or at the authorized agency, or when the traveller’s payment is received on Avansa Travel’ transaction account.

 

2.3.2. Should the traveller not pay the arrangement price or any part of it within the agreed deadline it is considered that he has cancelled the Travel Contract and the provisions on the cancellation of the Travel Contract by the traveller apply.

 

2.3.3. Timely and duly paid advance and registration costs guarantee the traveller, subject to the conditions stipulated herein or the provisions defined in the special operating conditions or the program – their participation, ie. availability of the specific tourist or travel arrangement.

 

2.3.4. At departure the traveller is obliged to present to the tour manager/guide a document confirming the paid arrangement (voucher and/or certificate of payment), otherwise the tour manager/guide will not accept the traveller for the tour or arrangement. If more persons than stated on the traveller’s documents (voucher) should appear for the tour, the Tour Operator has the right to deny the unannounced guests the right to travel or to accept all guests against additional payment for the unannounced guests on the spot, subject to availability. In case the age of the travellers appearing for the tour should differ from the age stated in the traveller’s documents (voucher), the Tour Operator or the tour manager/guide have the right to deny the travellers the right to travel or to accept all travellers against additional payment of the price difference depending on the age of the traveller(s) on the spot. The traveller can pay in cash or by other means of payment in accordance with the conditions of cashless operations of financial institutions in case of cashless payment (eg. by credit or debit card). In case of a substantiated request by the traveller for reimbursement of the entire or part of an amount paid, Avansa Travel shall make the reimbursement to the traveller’s bank account.

 

2.3.5 By paying for the booking the traveller confirms to be fully familiar with all features of the travel service. By paying for the booking the guest confirms to accept the General Terms and Conditions of and Directives for Providing Travel Services.

 

2.3.6. Should the arrangements for a traveller be booked by an authorized travel agency, all provisions stated under this point apply to the authorized travel agency as well.

 

2.3.7. Special payment conditions may be stated in the offer, contract or price list.

 

2.4. Prices

 

2.4.1. The arrangement prices are stated in kunas and are in effect as of the date of announcing the program.

 

2.4.2. Apart from the basic price of the arrangement the traveller is obliged to pay any obligatory surcharges that are, unless calculated within the basic price of the arrangement, added to the basic price of the travel arrangement and to the possible optional surcharges to form the final price and hence, pursuant to the Travel Contract, constitute the total financial obligation of the traveller.

 

2.4.3. Upon request of the Tour Operator the traveller is obliged to make an upfront and separate payment of any taxes, fees or entrance tickets specified by special regulations, charged by the Tour Operator on someone else’s behalf and for someone else’s account and the amount whereof is beyond its responsibility but which payments are necessary for the service to be realized. The Tour Operator shall advise the traveller in time of the existence, price and possible changes to the regime of collecting such fees.

 

2.4.4. Upon conclusion of the package tour travel contract the Tour Operator is allowed, not later than 21 days prior to the commencement of the tour, to increase the agreed price if such price increase is a direct consequence of the change of: the price of passenger transportation arising from the cost of fuel or other sources of energy, the amount of taxes or travel service fees comprised in the contract which are determined by third persons not directly involved in carrying out the package tour, including tourist taxes, landing fees or boarding and unboarding charges in ports and airports or foreign exchange rates relevant for the package tour. The price increase is calculated at the same rate at which the calculation elements have changed. The traveller is entitled to a price discount which corresponds to any decrease in costs stated herein which occurs after the contract was concluded and prior to the commencement of the package tour. In case of price decrease the Tour Operator has the right to deduct the actually incurred administrative costs from the amount of reimbursement owed to the traveller.

 

2.4.5. The price increase is calculated at the same increase rate before the stated calculation elements. The traveller has the right to cancel the Travel Contract if the price increase exceeds 8%. In that case the traveller is entitled to the reimbursement of the amount paid with no right to damages or possible visa, insurance, vaccination and similar costs. In case of airline tickets, the airline fees are subject to change until the day of issuance of the airline ticket.

 

2.4.6. The Tour Operator shall inform the traveller of any possible change of the travel arrangement price.

 

2.4.7. The Tour Operator is not liable for special and additional services not included in the contract as well as those requested by the traveller over the course of the tour and paid on the spot to the immediate service provider, irrespective of the support provided by the Tour Operator representative in obtaining such services and the information on the approximate prices of such services.

 

2.4.8. Avansa Travel may recommend in its program for the traveller to pay for individual services such as optional excursions, sports equipment renting and the like, on the spot. In that case Avansa Travel does not act in the capacity of operator or agent, but solely as informer. In such case the traveller can only address complaint requests to the service provider, on site.

 

2.4.9. Avansa Travel may determine the arrangement price in the program explicitly stating that the price may go down if a certain number of travellers register for the tour or other exactly stated conditions occur. Such provision does by no means guarantee that the conditions for the price drop of the arrangement will actually occur and the traveller has no right to withdraw from the contract because the conditions for the potential price drop have not occurred.

 

2.4.10. Possible discounts and benefits are always mutually exclusive and never add up and in such case travellers may select the discount or benefit that suits them most and for which they are eligible. The discount is only calculated on part of the price exclusive of obligatory or additional surcharges, ie. such part of the price which is net of sojourn tax, airline and port charges and the like or additional special services (food, excursions, transportation and so on).

 

2.4.11. Over the course of selling a specific package tour the Tour Operator may reduce the price of the arrangement offering it as Last Minute, First Minute, Special Offer and the like, with a view to improving sales of such arrangement and with no impact on the sales contracts for such arrangement which have already been concluded.

 

2.5. Services included in the arrangement price

 

2.5.1. Unless stated otherwise in the program, the arrangement price includes economy class airline tickets, hotel accommodation, the organization of the tour and other services stated in the program.

 

2.5.2. Unless defined otherwise in the program, the price of a specific tourist arrangement applies to one person for accommodation in a double room used by two persons.

 

2.5.3. The content of the arrangement comprises and the price of the arrangement includes everything as stated in the program. Individual special and additional services (transfers, additional meals, optional excursions, entrance tickets, visa applications, vaccination, travel insurance, tips etc.) which are not included in the announced arrangement price and can be secured and included in the Contract by the Tour Operator are paid separately by the traveller. If the price of some requested service that can be secured by the Tour Operator is not stated in the program, the Tour Operator shall inform the traveller of such price prior to concluding the Contract.

 

2.6. Special services

 

2.6.1. Special services are those which are typically not included in the basic price of the arrangement, such as for example single room, special diet, optional excursions and the like.

 

2.6.2. In case special or optional services are announced for a specific arrangement, the traveller may at registration express the wish to use such services and pay for them in addition to the basic arrangement price. The announced prices of optional or special services are only valid in case such services are ordered and paid for at the point of registration for and payment of the basic arrangement.

 

2.7. Cancellation or change of the travel arrangement by the traveller

 

2.7.1. The traveller has the right to cancel the travel arrangement. In case the traveller cancels the Travel Contract, Avansa Travel is entitled to the compensation of costs arising from such cancellation.

 

2.7.2. If the contract, program or special conditions specify different costs for the cancellation of the Travel Contract, the conditions stipulated by the contract, program or special conditions shall prevail.

 

2.7.3. The amount of costs to be reimbursed at cancellation of the arrangement depends on the period of time before the commencement of the service within which the traveller has cancelled the Travel Contract.

 

2.7.4. If the traveller cancels the arrangement, the Tour Operator shall retain the following amount out of the total price of the arrangement:

 

EUROPEAN BUS AND AIRPLANE TOURS

If the traveller cancels the arrangement: The following scale of charges will apply when notice of cancellation of the passenger is given after the booking is confirmed:

From the day of confirmation up to 45 days prior to arrival – Eur 200 per person (of deposit payment) is non refundable. For cancellations or changes thereafter, the following cancellation fees will apply:

 

No. of days prior to departure   Cancellation Fee

44 – 22 days prior             35% of the remaining balance

21 – 15 days prior             50% of the total

14 – 0 days prior               100% of the total

After departure or in case of no-show without cancellation 100% of the arrangement price

 

2.7.5. Should the actually incurred damage exceed the amounts stated above, the Tour Operator reserves the right to charge compensation in the maximum amount of 100% of the arrangement price. The stated cancellation costs also apply to changes of departure dates and accommodation facilities or type of accommodation unit as well as any other significant changes, unless the travel program or brochure explicitly states otherwise. In case of cancellation of the arrangement the traveller is not entitled to the compensation of possible visa, insurance, vaccination or similar costs.

 

2.7.6. In case Avansa Travel is not the tour operator organizing the tourist arrangement, the establishment of costs in case of cancellation of the tour is subject to the following conditions, unless otherwise stated in the Travel Contract:

 

  • Until 45 days – 40% of the arrangement price;
  • 44 to 30 days before commencement of service / tour – 60% of the arrangement price;
  • 29 – 0 days, including the day of commencement of service / tour – 100% of the arrangement price.

 

2.7.7. If the subject matter of the contract is the purchase of airfare, besides the cancellation and administration costs Avansa Travel is also entitled to retain the amount of the booking fee (TSC) and part of the fees which are not reimbursed by the airline (security tax, YQ).

 

2.7.8. If the Traveller does not show up or cancels the Travel Contract at the day of commencement of the tour or even thereafter, Avansa Travel or another tour operator shall charge the traveller for the entire amount of the arrangement.

 

2.7.9. At cancellation of the tour the traveller has to sign a cancellation statement submitt ed to him for signing by the vendor. Should the traveller refuse to sign the cancellation statement, the traveller will be considered not to have cancelled the tour.

 

2.7.10. During the course of the tour the traveller can discontinue the tour at own discretion subject to signing a tour discontinuation statement. Should the traveller discontinue the tour during its course, he is not entitled to the reimbursement of costs or the amount paid, neither in whole nor in part.

 

2.7.11. Should the traveller at own discretion change the program during the course of the tour or not travel according to the program which forms a constituent part of the Travel Contract, the traveller will be considered to have withdrawn from the contract during the course of the tour. In that case he is not entitled to the reimbursement of costs or the price of the tour, neither in whole nor in part, and is liable for the costs and damage caused to the Tour Operator or to other travellers by changing the program.

 

2.7.12. In case of changing the program at own discretion the traveller has no right to claim any damages or price reduction.

 

2.7.13. Prior to the beginning of the arrangement and after conclusion of the contract the traveller may transfer the package tour travel contract to a person meeting the conditions which apply to the Contract, provided that he has notified Avansa Travel thereof on a permanent data medium not less than seven days before commencement of the package tour and that such change is allowed by the end service providers involved in the package tour. The traveller can change the name and number of travellers, accommodation and travelling date if such change is possible without cancelling the arrangement. For any such change the traveller is liable to Avansa Travel for the actually incurred administrative cost of not less than HRK 150.00.

 

2.7.14. The transferor and the transferee of the Travel Contract are jointly and severally liable for the payment of the entire price and any additional charges, fees or other costs arising from the transfer of the Contract.

 

2.8. Insurance against trip cancellation risk

 

2.8.1. Pursuant to the Act on the Provision of Tourism Services travel agency employees are obliged to off er all travellers a travel insurance package that includes health insurance for the time of staying abroad, accident insurance, luggage insurance and trip cancellation insurance. At registration or at the point of concluding the Contract the traveller can pay either an individual insurance policy or the entire travel insurance package. Avansa Travel recommends to obtain the entire travel insurance package. Insurance policies can be concluded until the time of departure, except for the trip cancellation insurance policy which can only be concluded until the point of closing the Travel Contract, which also applies to the travel insurance package containing the trip cancellation insurance. The insurance premium is calculated taking into account the value of the travel service, according to the price list of the insurance company with which Avansa Travel has concluded a mediation contract. Avansa Travel acts as secondary agent in insurance policy sales.

 

2.8.2. If the traveller closes an insurance against trip cancellation risk with an insurance company, the traveller’s rights pursuant to the cancellation risk insurance are to be claimed from that insurance company, subject to the general terms and conditions of such insurance company. The course of dealing with the compensation and the time it takes to address the compensation case are in the domain of the insurance company with which the trip cancellation risk insurance has been closed.

 

2.9. Tour Operator’s right to cancel the trip

 

2.9.1. The Tour Operator may cancel the package tour travel contract before commencement of the package tour and reimburse the traveller the entire amount of payments received for the package tour, with no obligation to pay compensation for damages to the traveller if the number of persons registered for the package tour is lower than the lowest number stated in the contract and if the Tour Operator informs the traveller on the termination of contract within the deadline set forth in the Contract, but not later than:

 

  1. 20 days before commencement of the package tour for tours lasting longer than six days,
  2. seven days before commencement of the package tour for tours lasting between two and six days,
  3. 48 hours before commencement of the package tour for tours lasting less than two days.

 

2.9.2 The Tour Operator may terminate the package tour travel contract before commencement of the package tour and reimburse the traveller the entire amount of payments received for the package tour, with no obligation to pay compensation for damages to the traveller if the Tour Operator is prevented from executing the contract by extraordinary circumstances which could not have been avoided and if the traveller is notified of the termination of contract without unnecessary delay prior to the commencement of the package tour.

 

2.9.3 In case of the termination of contract from points 2.9.1 and 2.9.2. hereof the Tour Operator loses the right to the agreed package tour price and is obliged to repay the traveller all payments received from the traveller without unnecessary delay, not later than 14 days upon termination of the package tour travel contract.

 

2.9.4. Unless stated otherwise in the program or the travel contract, the minimum number of passengers in specific means of transportation is as follows:

 

  • For bus travel – not less than 40 passengers per bus;
  • For travelling on regular airline flights in Europe – not less than 20 passengers per individual group;
  • For travelling on intercontinental airline flights – not less than 15 passengers per individual group;
  • For travelling on special (charter) airline flights, trains or hydrofoils – not less than 80% of occupancy.

 

2.9.5. Avansa Travel may cancel an arrangement or make changes to the program in case of extraordinary circumstances that cannot be predicted, avoided or eliminated (war, riots, strike, terrorist actions, sanitary disorders, natural disaster, traffic accidents, sudden and unusual traffic jams, intervention of competent authorities, sudden changes of public transport timetables, delays of airlines and other means of transportation, unfavourable weather conditions and the like), which – had they occurred at the time of closing the Contract – would have been a justified reason for the Tour Operator not to conclude the contract.

 

2.9.6. The Tour Operator particularly reserves the right to change the day and hour of departure due to change of the airline timetable or occurrence of other aforesaid circumstances, as well as the right to change the direction of the trip due to changed circumstances, without the travellers being entitled to compensation for damages or price reduction. The Tour Operator shall inform the traveller without delay of any change of program. The Tour Operator is not liable for delays of airlines, ships or trains nor for changes of program and cost incurred through such delays. If the circumstances at the destination make it impossible for the travellers to be accommodated at the booked facility, the Tour Operator shall at own cost accommodate the travellers in another facility of the same or higher category than the one booked.

 

2.9.7. Avansa Travel is not liable for changes in the program due to the occurrence of any force majeure during the course of the program. In such cases Avansa Travel shall strive to secure services for the travellers in a changed form, taking into account actual circumstances. In case Avansa Travel should cancel the tour, the traveller is solely entitled to the reimbursement of the entire price paid for the arrangement. Avansa Travel shall notify the traveller immediately of any subsequent change to the program. Should Avansa Travel or another tour operator cancel the contract over the course of its duration, the traveller is solely entitled to the reimbursement of the amount for the unused portion of the services agreed. Similarly, the traveller has no right to the reimbursement of administrative costs and the premium for the insurance closed with an insurance company.

 

2.9.8. Avansa Travel can cancel the contract or withdraw from the contract and claim compensation from a traveller who does not comply with the travel contract, primarily if the traveller intentionally provided inaccurate information on the travellers and their age or if changes occurred during the course of the tour of which the traveller has not notified Avansa Travel.

 

2.9.9. The Tour Operator bears no responsibility if individual activities and services that depend on the weather conditions (lack of snow, low sea temperature, precipitation and the like) and natural phenomena (algae bloom/red tide, occurrence of insects, jellyfish and the like) cannot be realized in line with the travellers’ expectations.

 

2.10. Travel documents and other traveller’s obligations

 

2.10.1. The traveller is obliged to obtain information on current regulations regarding travel documents, visas, foreign exchange, customs and health regulations. Travellers are obliged to take care for themselves and their documents and luggage to comply with the conditions set forth by the border customs, health and other regulations of their country and the countries to or through which they travel. Travellers registering for travelling abroad have to carry throughout the tour a valid passport or another valid document allowing them to enter an individual country, such documents to be valid for a minimum of 6 months as of the day of return or otherwise as stated in the program.

 

2.10.2. In case individual states should make the entry to such state conditional on the travel document as at the day of entry being valid for a certain period of time until expiry, the travellers are obliged to take care of such provision themselves. Avansa Travel is not liable for possible difficulties or the traveller’s compulsory discontinuation of the tour for such reason.

 

2.10.3. Travellers are obliged to make sure their documents and things meet the conditions specified by the carrier and those set forth by the border, customs, health and other regulations of their country as well as the countries through or to which they travel and the Tour Operator is not liable for the decisions of official persons withholding the traveller transport, refusing to issue a visa or not allowing them to enter an individual country nor for the costs arising therefrom. Should the aforesaid reasons give rise to the cancellation of the tour before or over the course of the tour, the Tour Operator reserves the right to compensation for damages as set forth herein.

 

2.10.4. When registering for the tour the traveller is obliged to submit all required personal data identical to those stated in the valid document he/she will be travelling with, which they provide voluntarily and which are required for the realization of the contracted tour. The Tour Operator is not liable for incomplete, inaccurate or untimely submitted Traveller data required for the realization of the tour.

 

2.10.5. Prior to the tour, ie. within the time set forth in the program, the Traveller is obliged to obtain a visa for the countries he is travelling to and receive the vaccinations which are mandatory for such states. Should the Traveller not meet the aforesaid obligations, Avansa Travel can cancel the travel contract. Avansa Travel can act as mediator in obtaining the visa in case such service has been agreed with the traveller. Avansa Travel does not guarantee that the visa will be obtained. Avansa Travel will not reimburse the costs of obtaining the visa to the traveller. Avansa Travel does not guarantee the accuracy of information received from competent diplomatic missions and forwarded to the traveller. In case of refusal of entry to a state or other limitations, all costs shall be borne by the traveller. The mediation of Avansa Travel in obtaining a visa is not calculated in the price of the tour and is to be paid separately. If the traveller has not provided Avansa Travel with the required documents for obtaining a visa within the deadline set forth in the program or the offer, it is considered that the traveller will take care of obtaining the visa himself. Due to the requirements of the international passenger traffic the traveller is obliged to provide all necessary data on all of his travelling companions at registration. The data have to be completely aligned with the data in the official documents the travellers are obliged to carry during the trip, in compliance with the regulations on crossing state borders and the appropriate foreign legal provisions. In case inaccurate data should give rise to delays, additional costs or discontinuation of the tour, the respective traveller shall be liable for all costs incurred by other travellers. The traveller is obliged to comply with the rules of conduct in restaurant or hotel facilities and cooperate in a well-intended manner with the Tour Operator representative and the service provider. In case of non-compliance with all obligations the Tour Operator denies any responsibility for the damage caused and the traveller shall pay for it on the spot.

 

2.10.6. Costs and damage incurred due to loss or theft of documents or other valuables during the course of the tour shall be borne by the traveller. The traveller is obliged to comply with personal safety rules that would be applied by any average person and to exercise due care. The Tour Operator is not liable for actions taken by the traveller which concern his personal responsibility.

 

2.10.7. If travellers do not meet their obligations, they are liable to the Tour Operator for the damage arising therefrom. The Tour Operator is not liable for any damage the traveller may incur in such case. Over the course of the trip travellers are obliged to behave in a manner which does not jeopardize the lives or health of their travelling companions nor the course of the tour. In case a traveller should behave contrary to this provision, the representative of the Tour Operator has the right to exclude him from continuing the trip without reimbursing any costs except for unused fees paid by the traveller on the spot.

 

2.11. Notices prior to the departure / tour

 

2.11.1. The Tour Operator or its agent are obliged to make available to the traveller promotional materials and these General Terms and Conditions in written or electronic form and to provide the required and appropriate information on the main features of the travel service, the Tour Operator and agent of the trip, the price of the arrangement, ways of payment, information on basic features of the tour, the minimum number of passengers required for the trip to take place and the deadline for notification that the required number of persons has not been met, on the conditions of the destination country with regards to passport and visa requirements, on the fact that a traveller can cancel the contract at any point in time before commencement of the package tour against payment of an appropriate cancellation fee, on the unobligatory or obligatory insurance for covering the cost of cancelling the contract by the traveller or the cost of providing help, including repatriation, in case of accident, illness or death. By signing the contract the traveller confirms to have been presented the above information and to be aware of the content and the possibility of insurance.

 

2.11.2. Avansa Travel does not send notices to travellers prior to the tour via regular mail, unless specified otherwise in the program. Travellers shall receive notices prior to the trip to their email address, if they have provided it at registration; otherwise they can pick the notices up at their place of registration, where these will be available not later than three to five days prior to the commencement of the tour. Information the traveller receives orally at the point of sale, via telephone or in another form or in writing from an unauthorized person are not binding on the Tour Operator to a greater extent than information set forth in the tour program, these General Terms and Conditions and the Contract.

 

2.11.3. Photographs published on the website and in promotional materials are for convenience/information purposes only and are not binding.

 

2.11.4. The Tour Operator is not responsible for possible printing errors or for subsequent changes in new editions of promotional materials and programs of which the traveller was informed prior to concluding the Contract and in that sense the applicable data are those provided in the Contract and not in the promotional material.

 

2.11.5. According to the regulations of the World Health Organization, travellers are obliged to receive vaccination before travelling to certain countries and obtain an appropriate certificate of vaccination. The vaccination is also mandatory if such regulation was accepted by signing the travel contract.

 

2.11.6. The transport of luggage does not fall under the responsibility of the Tour Operator, agent or mediator; they are liable neither for damaged or lost luggage nor for the theft of luggage and/or other valuables in the hotel or means of transport. Lost or damaged luggage has to be reported directly by the traveller to the carrier, the hotel or another immediate service provider. The transport of special luggage, such as bicycle, surfing or golf equipment is subject to surcharge to be paid by the traveller to the carrier, mainly at departure. In any case, the transport of such luggage has to be announced at registration. Irrespective of the above, due to limited capacity the carrier is by all means entitled to refuse the transport of such special luggage. All costs or damage which may arise therefrom shall be borne by the traveller. Avansa Travel is not liable for theft or damage of the traveller’s luggage or other personal items, valuables and personal documents in accommodation facilities or means of transport. The traveller shall address all issues regarding disappeared, damaged or destroyed items directly with the immediate provider of transportation or accommodation services.

 

2.11.7. The transportation of luggage up to a certain weight specified by the carrier is free of charge. Each additional kilogram is subject to surcharge payable by the traveller on the spot in the appropriate currency, ie. according to the carrier’s regulations. Children up to two years of age are not entitled to free transportation of luggage. In air transport the sole responsibility for the luggage lies with the airline. In case of loss of luggage the traveller has to submit the appropriate, duly filled in form to an airline representative, while keeping one copy. Based on this form the airline can pay damages, in compliance with the regulations in force in passenger air traffic.

 

2.11.8. Transportation and accommodation of pets is not allowed, unless exceptionally permitted upon request and against surcharge.

 

2.12. Carrier punctuality

 

2.12.1. Avansa Travel reserves the right to change the transportation timetable, type of aircraft, carrier and flight direction (stopovers, flights via other airports etc.) which may occur due to various technical and organizational reasons. Delays can also occur as a consequence of airspace overload, strike or bad weather; these are beyond control of the Tour Operator. The occurrence of such changes is not considered to be a change of the tour program, as the first and the last day of the trip are solely intended to arrive to a destination and depart from it and the respective transportation, and not for leisure. The traveller is obliged to check the hour of return with the Tour Operator representative 24 hours before return.

 

2.13. Loss of personal/travel documents

 

2.13.1. Should the traveller’s travel documents be lost or damaged during the trip and they are necessarily required for the continuation of the tour or the return to the country of departure, the traveller shall obtain new travel documents at own expense.

 

2.13.2. The traveller can refer for advice and help in obtaining new travel documents to the tour guide/manager or the representative of the Tour Operator, who will help the traveller in such case while taking care of the regular course of the tour program.

 

2.13.3. Should the traveller be forced to discontinue the tour due to loss or damage of travel documents, he is not entitled to any reimbursement of the tour price or reimbursement of costs.

 

2.14. Categorization of accommodation facilities and general rules of conduct

 

2.14.1. The offered accommodation facilities, restaurants, means of transportation and other means of providing travel services are described according to the official categorization of the local tourist organization or another competent authority at the time of announcing the tour program. The accommodation, food and other travel service standards of individual places and countries are different and not always comparable.

 

2.14.2. Rules of conduct, food, services, beaches and other facilities offered by hotels are under the supervision of local tourist organizations. These elements are beyond any control of the Tour Operator.

 

2.14.3. With arrangements designated as all inclusive travellers are advised to carefully read the description of the service in the tour program, offer or contract, as not all inclusive offers are identical. Usually the basic service in an all-inclusive offer is full board including breakfast, lunch and dinner with a drink included in the price for every meal.

 

2.14.4. If the traveller does not pay a surcharge for a room with special characteristics (sea view, balcony, position – orientation, specific floor) at the point of reservation, they will be accommodated in one of the rooms officially registered for accommodating guests in the hotel. The room distribution falls under the competence of the hotel operator with no influence of the Tour Operator thereon. The Tour Operator may forward the traveller’s wishes to the hotel operator, but cannot guarantee that these will be met. Accommodation in single rooms does mostly not correspond to the double room standard. With triple room accommodation the traveller has to take into account that these are mostly double rooms with an additional bed, where the accommodation for the third person is not equal to the accommodation for the other two. Mostly these are foldable beds the size and comfort of which is not equal to a regular bed and is suitable for a child.

 

2.14.5. Should the traveller not have exclusively agreed an accommodation unit (room, suite, cabin and the like) with special features, he shall accept any officially registered accommodation unit in the respective facility. Check-in time for the accommodation unit is usually between 4:00 p.m. and 8:00 p.m. while the check-out time is usually until 9:00 a.m. or 10:00 a.m. at the last day of the service, unless the rules of conduct and regulations of the service provider specify otherwise, whereof the traveller will be advised directly by the service provider at check-in. In case of arrival at or departure from the accommodation unit at a time which does not coincide with the check-in or check-out time for this accommodation unit, the service provider will secure a suitable space for the traveller to deposit the luggage and keep it safe in accordance with the rules of operation of the accommodation unit, but cannot guarantee for such request to be met. Avansa Travel shall inform the service provider of any additional request of the traveller related to the accommodation unit that was announced in advance (accommodation of pets, cot/child’s bed, room orientation, room position, fl oor, comfort etc.) but cannot guarantee for such request to be met. The service provider can also charge the traveller for such additional request on site, whereof the traveller will be informed by the service provider.

 

2.15. Complaints and objections

 

2.15.1. Irregularities and shortcomings in providing agreed services need to be indicated by the traveller on the spot by stating a complaint to the tour guide/manager, Tour Operator representative or the representative of another tour operator organizing the arrangement, the immediate service provider or authorized local agency. If, depending on the content and as the case may be, the complaint could have been addressed on the spot (eg. unsatisfactory room cleanliness, equipment, position of the room etc.) and the traveller did not object on site and did not notify the aforesaid persons of these shortcomings, the traveller is considered to have consented to the service provided and loses the right to lodge a complaint subsequently and request price reduction or compensation of damages. Avansa Travel shall not consider any complaints unless the traveller has submitted minutes prepared by the Tour Operator or service provider representative on the complaint which will certify that the shortcomings could not have been addressed on the spot.

 

2.15.2. Procedure of fi ling a complaint: the traveller has to complain against an inappropriate service to the Tour Operator representative on the spot and in case of his absence to the service provider. In eliminating the cause of the complaint the traveller needs to cooperate with the representative in a well-intended manner. If the traveller does not accept the offered solutions to the cause of the complaint which correspond with the agreed services, the Tour Operator will not take into account later requests for the reimbursement of costs or reduction of the tour price. If it is not possible to eliminate the cause of the complaint, the traveller will together with the representative draw up a written report. Upon return from the tour the traveller must within two weeks as of the end of the tour send a written complaint via registered mail to the address: Avansa Travel d.o.o., Obala Stjepana Radića 40, 20000 Dubrovnik, or to the email address: booking@avansa-travel.com and enclose evidence that the complaint is substantiated, in particular not less than the following: written confirmation signed by the representative or service provider, invoices related to additional costs and the like. The traveller can also send the complaint to the point of sale at which the travel contract was concluded. The Tour Operator is obliged to respond to the traveller in writing within 15 working days upon receipt of the complaint. During the period until the response from the Tour Operator to the complaint the traveller is not entitled to lodge complaints or requests to third parties and competent institutions or make information related to the complaint publicly available.

 

2.15.3. If Avansa Travel is not the responsible tour operator, it shall forward the complaint to the responsible tour operator and advise the traveller thereof in writing.

 

2.15.4. If the Tour Operator only acts in the capacity as informer, the traveller has to report all complaints and the related requests on the spot to the actual immediate provider of the respective service.

 

2.15.5. The Tour Operator shall not consider any requests for price reduction or compensation of damages without written complaint. The complaint sent by mail has to be signed and it can be fi led by any traveller on his own behalf or by a third person authorized in writing.

 

2.15.6. The traveller is entitled to the reimbursement of the price or compensation of damage in the amount of the actual value of the service not provided. This provision does not apply to cases when the Tour Operator has the right to cancel the arrangement or change the program, in compliance with applicable regulations. The limitation of liability applies to all tours for which a travel contract has been concluded. The traveller is not entitled to compensation of lost profits and compensation of intangible losses and costs arising therefrom.

 

2.15.7. For damages which are not the consequence of bodily injury or damages which were not caused by the Tour Operator on purpose or through negligence, the Tour Operator is liable to the traveller up to the amount stipulated in item 2, Art. 45 of the Act on the Provision of Tourism Services. Should international conventions which are binding on the European Union or legal regulations based thereon limit the scope of the compensation of damages owed by the provider of travel services which are part of a package tour or limit the conditions under which they are obliged to compensate such damage, such assumptions, limitations and exclusions apply to the Tour Operator accordingly and the Tour Operator may refer thereto in relation to the traveller. The compensation of damages or price reduction to which the traveller is entitled are mutually deducted.

 

2.16. Personal data protection

 

2.16.1. Avansa Travel keeps all personal data received from travellers in compliance with the Personal Data Protection Act and other applicable regulations. It is considered that by his signature on the travel contract the traveller gives consent for the processing of personal data for the purpose of concluding and fulfilling the contract. By the acceptance hereof the Traveller at the same time gives consent to Avansa Travel for the transmission of personal data to authorized third persons as well as consent for the traveller’s personal data to be used for the following purposes: direct sales, market research, analysis of operations, customer segmentation, statistical processing and informing on the offer of Avansa Travel and its business partners. If the traveller is not willing to give such consent he must declare so when registering for the tour.

 

2.17. Guarantee fund insurance

 

2.17.1. Pursuant to regulations, in case of insolvency or bankruptcy of the responsible tour operator, a traveller currently on tour as well as persons who made advance payments for tours need to contact the insurance stated in the Travel Contract as soon as possible.

 

2.18. Special arrangements

 

2.18.1. For certain tours Avansa Travel may establish special arrangement conditions which will apply to the relationship between the Tour Operator and the traveller with regards to such arrangement to the extent such special arrangement conditions diff er from these General Terms and Conditions.

 

2.18.2. TRAVELLING WITH CHILDREN. In certain cases, specifi ed by the individual tourist arrangement program, it may be set forth that minor children up to the age as determined by the program, travelling with two adult persons receive discounts on specific services within the scope of the tourist arrangement or the whole arrangement. The conditions and the amount of a specific discount are set forth in each individual package tour program. If no special discounts for minors travelling with adult persons are envisaged in an individual program then such package tour does not entail special discounts of this type. Each child, irrespective of its age and the amount of potential discounts, has to be specified in the travel contract and has to have valid travel documents required to enter the states in or through which the tour takes place. If the child is not specified in the travel contract or voucher for a specific package tour it is considered not to have the right to travel within the scope of that package tour.

 

  1. FINAL PROVISIONS

 

3.1. In case of dispute between the parties the competent court is the court of subject matter jurisdiction in Zagreb, which will apply the substantive law of the Republic of Croatia.

 

3.2. These General Terms and Conditions have been published at the website www.avansa-travel.com

 

In Dubrovnik, 31 December 2018 Avansa Travel d.o.o., Obala Stjepana Radića 40, 20000 Dubrovnik, ID HR-AB-20-090022399

 

LEGAL DISCLAMER

CONTRACT BETWEEN USER AND AVANSA TRAVEL

By using this website, or any services on them, you accept the Terms of Use and the information found here. If you do not agree with the Terms of Use, do not use this website.

 

PROTECTION OF PRIVACY

Avansa Travel values your privacy and therefore, we operate by the following principles:

 

We specifically state when we need your personal information. We forward your personal information to the relevant third party, who is the Provider of the Service you reserved and paid through Avansa Travel system. We also use your personal information to process your requests within the Avansa Travel system, and to occasionally inform you on the news pertaining our services or the Avansa Travel system.

In order for us to always have your correct information when you need our service or any kind of information, please notify us when your personal information is updated, or if you made a mistake while entering it.

 

If you believe that Avansa Travel does not operate based on these principles or if you have any other complaint about our way of doing business, please notify us at info@avansa-travel.com, and we will do our best to investigate, and alleviate the problem as soon as possible.

 

LIMITED TO PERSONAL, NON-COMMERCIAL USE

This website is meant for personal, non-commercial use. It is not allowed to edit, copy, distribute, show, publish, or in any other way transfer or sell any information, service, or product on this website.

 

OWNERSHIP

The contents and formats on this website is owned by Avansa Travel d.o.o., Ivana Gorana Kovačića 93, HR 20000 Dubrovnik, except some photographs not used in commercial purposes, and which will removed form the website upon the author’s or owner’s request (unless we come to a different agreement).

 

LIMITATION OF LIABILITY

The information on this website is considered to be true at the time of posting. All information will be checked regularly, and errors will be removed immediately.  Avansa Travel holds the right to change the information on this website without notice.

 

ILLEGAL USE IS PROHIBITED

By using this website, you confirm that you will not use the information received here in forbidden or illegal purposes.

 

LINKS TO THIRD PARTY WEBSITES

This website may contain links to third party websites. These links are here for your information only, and Avansa Travel is not responsible for the accuracy of the information, or the contents of the websites.

 

CHANGES TO THESE TERMS AND OTHER BUSINESS TERMS

Avansa Travel holds the right to change the above-mentioned terms of use of the website, and other business terms. The changes do not affect completed and paid reservations.

 

THE USE OF AVANSA TRAVEL’ SERVICES ON THIS WEBSITE

The purpose of the avansa-travel.com website is exclusively to inform the users on the offer of private accommodation via descriptions and images, check available dates, and perform reservations and payments. You are warned that for completing transactions via our website you must be of age, and that you take full financial responsibility for the transactions done by you or minors of your household. You are responsible for minors who use your information on this site, and for the truthfulness and accuracy of the information you give to us for completing reservations or financial transactions. In the event of misuse (by entering a fake reservation etc.), you will be banned from accessing our website.

 

ADDITIONAL NOTES

Avansa Travel will try to verify the accuracy of information contained on this website and expand its offer. Transactions via credit cards are additionally protected with an SSL protocol, but for extra protection, we recommend you print out all forms.

PAYMENT METHODS

  1. Online payment via credit cards

 

Payment via our website (full amount) by using a credit card and an online payment gateway. More details on online payment via credit cards can be found at ONLINE PAYMENTS.

 

Payment can be done with the following credit cards: Mastercard, Maestro, and Visa.

 

  1. Payment via bank wire from abroad

 

Customers from abroad can pay for their reservations by wire to our account. The costs for bank wire is paid by the customer in their entirety.

ONLINE PAYMENT SECURITY STATEMENT

  1. INFORMATION ON THE RETAIL OUTLET

 

Full company name (or craft name): AVANSA TRAVEL d.o.o. turistička agencija

Court register number or other public register number, and information on the register:

Registered in the Court register with the Commercial Court in Split – permanent attendance in Dubrovnik under the MBS number 090022399

VAT number: HR62339288354

Full headquarters address (and retail outlet, if different) with the name of the country:

Ivana Gorana Kovačića 93, 20000 Dubrovnik, Republic of Croatia

Contact information:

Phone: +385 (0)20 492 313

Email: info@avansa-travel.com

 

  1. PRODUCTS AND/OR SERVICES

AVANSA TRAVEL d.o.o. turistička agencija organizes trips and acts as an agent in tourist services in Croatia and abroad.

Retail prices on the website includes all taxes and other fees, and is expressed in EURO. All additional charges are clearly specified.

 

  1. SALE TERMS

The Agency’s General Terms are available at the following link: GENERAL TERMS, and they contain all the necessary information on the procedure of concluding a sale/purchase contract, the description of the method and date of delivery for products and services, and the buyer’s right to terminate the contract according to Article 45. of the Consumer Protection Act, termination deadline, situations where the buyer has no right to terminate the contract, and terms for claims or reimbursement of money and/or goods, and services used after the sale, such as terms for guarantees accompanying the service.

 

Methods and terms of payment are available at the following link METHODS OF PAYMENT.

Contractual obligations are explained in detail on the page for General information on contracts – CONTRACTS.

 

When the buyer completes his purchase, he/she is able to review the order, and correct any information before finalizing the payment. The Travel Contract and General Terms are available in PDF forms received via e-mail.

 

  1. OTHER INFORMATION

The description of the way confidential information is protected is available at the following link:  LEGAL NOTICE (”Protection of privacy”).

Statement on the protection, gathering, and use of personal information

Avansa Travel d.o.o. turistička agencija is obliged to protect the buyers’ personal information. It collects only the basic necessary information about their buyers/users, which are mandatory for fulfilling our obligations; informs buyers on the way their personal information is used, regularly gives the buyers the option of using their information or not, including whether or not they want their name to be removed from the lists used for marketing campaigns. All information is secured, and is available only to the employees who need the information to perform their business activities. All employees of Avansa Travel d.o.o. turistička agencija and business partners are responsible for obeying the principles of the protection of privacy.

Notice on prices in foreign currencies (EUR, etc.)

All payments will be done in HRK. Your credit card is charged with the amount obtained by converting the foreign currency to HRK, based on the current exchange rate of the Croatian National Bank. When charging your credit card, the same amount is converted to the local currency, based on the card company’s exchange rate. As a result, minor differences between prices listed on our websites are possible.

Notice on prices in HRK

All payments will be done in HRK. The amount charged to the credit card is converted to the local currency, based on the card company’s exchange rate.

 

Credit cards

Once-only payments can be done by the following credit cards: MasterCard, Maestro, and Visa.

 

  1. STATEMENT ON THE SECURITY OF ONLINE PAYMENTS

While conducting payments on our web shop you are using CorvusPay – an advanced system for secure acceptance of credit cards on the Internet.

CorvusPay ensures complete privacy of your credit card data from the moment you type them into the CorvusPay payment form. Data required for billing is forwarded encrypted from your web browser to the bank that issued your payment card. Our store never comes into contact with your sensitive payment card data. Similarly, CorvusPay operators cannot access your complete cardholder data. An isolated system core independently transmits and manages sensitive data while at the same time keeping it completely safe.

The form for entering payment data is secured by an SSL transmission cipher of the greatest reliability. All stored data is additionally protected by hi-grade encryption, using hardware devices certified by FIPS 140 2 Level 3 standard. CorvusPay fulfills all of the requirements for safe online payment prescribed by the leading credit card brands, operating in compliance to the PCI DSS Level 1 standard – the highest security standard of the payment card industry. Payments made by cards enroled with the 3-D Secure program are further authenticated by the issuing bank, confirming your identity through the use of a token or a password.

All information collected by Corvus Info is considered a banking secret and treated accordingly. The information is used exclusively for the purposes for which they were intended. Your sensitive data is fully secure and its privacy is guaranteed by the state of the art safeguard mechanisms. We collect only the data necessary for performing the work in accordance with the demanding prescribed procedures for online payment.

Security controls and operating procedures applied within the CorvusPay infrastructure not only ensure current reliability of CorvusPay but permanently maintain and enhance the security levels of protecting your credit card information by maintaining strict access controls, regular security and in-depth system checks for preventing network vulnerabilities.

 

Thank you for using CorvusPay!

DISSATISFACTION WITH RESPECT TO THE PURCHASED PRODUCT OR SERVICE

In accordance with Article 10 of the Consumer Protection Act (Nar. Nov., No. 41/14.) we would like to inform you that dissatisfaction with respect to the purchased product or service provided can be expressed in writing at our office.

 

The complaint also can be sent by mail, fax or e-mail,

to: Avansa Travel d.o.o., Obala Stjepana Radića 40, 20000 Dubrovnik, Croatia

or fax: +(385)(0)20 492 314 or e-mail address: info@avansa-travel.com

 

We will reply to your complain in writing within 15 days from receiving the complaint.

AVANSA TRAVEL

Obala Stjepana Radića 40

20000 Dubrovnik | Croatia

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Avansa Travel ltd., registered in the Court register with the Commercial Court in Split - permanent attendance in Dubrovnik under the MBS number 090022399 | VAT number: HR62339288354 | Full headquarters address: Ivana Gorana Kovačića 93, HR 20000 Dubrovnik | Legal information | Privacy Policy | Design by Apropo 

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