GENERAL TERMS AND CONDITIONS
These General Terms and Conditions govern the relationship between online tourist agency FLUCTUS TRAVEL, Ivana Meštrovića 25, 21327 Podgora, Personal Identification Number: 21896578639, ID KOD: HR-AB-21-17010404063, i.e. travel organizer and the authorized intermediary (hereinafter the Agency) and the guest, i.e. the customer (hereinafter the Guest).
By accepting these General Terms and Conditions, the Guest confirms that he has read, understood and will respect General Terms and Conditions of the Agency.
General Terms and Conditions are integral part of travel programme, accommodation managing services and other services, as well as of the Travel Contract unless the contracting parties agree differently.
2. MAIN FEATURES OF THE SERVICES
The content, programe, prices of travel, accommodation and other services as well as the minimum number of people required to carry out a programme are published and available on Agency web page (www.fluctustravel.com) and include services listed in description.
Certain special and additional services (transfers, extra meals, optional excursions, fees, tickets, travel insurance, etc.) that are not included in published programme and services, the Guest can request, and the Agency, if able to do so, can arrange and include in the Contract. The Guest pays extra for such special and additional services. The Guest will be informed about the cost for such special and additional services before concluding the Contract.
The Guest can book a travel or accommodation, offered by the Agency on its website, through electronic mail, booking form made visible on the website, social network pages or through a telephone call.
When booking in any form, the Guest willingly gives requested information in the form, or requested through electronic mail or telephone call. The Guest guarantees to the Agency that information, required for successful realization of the journey, are given valid and correct, and accepts all the legal obligations stemming from the Contract and all the applicable legal regulations. The Agency obliges to protect that information, as stated in Item 10 of the General Terms and Conditions.
The reservation becomes valid when the advance payment or the full amount for requested programme has been paid. The full amount for requested programme must be paid by the date agreed upon, otherwise reservation is cancelled if not agreed differently.
Advanced payment or full amount is paid depending on accommodation, excursion, journey or other services (unless specified differently in the offer), specifically:
For accommodation: 15% – 30% after reservation confirmation (unless agreed differently).
For excursions: 20% of the full amount when confirming reservation (advance payment) and the rest is paid 5 days before the day of excursion (unless agreed differently).
Za package tours: 30% of the full amount when confirming reservation (advance payment) and the rest is paid 10 days before the realization of the package tour.
For other services: as agreed
Paying for accommodation, package tours, excursions and other services is carried out based on the data specified in the offer. After visible deposit of a full payment (or advanced payment if it is agreed that the Guest will pay the rest of the amount directly to accomodation owner or service provider), the Agency gives a receipt that is also a reservation confirmation (voucher) and which the Guest is obliged to show to the service provider right before heading on an excursion, a package tour, upon arriving in the accommodation or using any other services.
All payments are carried out by a transaction in Croatian kunas (kn) or Euros (€), full amount or in installment if possible. The prices expressed in Euros are approximate and may vary depending on the exchange rate.
More information in our Booking and Payment Methods.
Programme and accommodation prices are visible in the description of the contents on the Agency web page (www.fluctustravel.com) and are valid from the day of publishing. The prices are based on the drawdown and cooperation between the Agency and and the service provider and/or organizer, and do not have to correspond to the on-site prices. Possible differences in prices can not be the subject matter of the contract. For the services that do not have prices shown the Guest can get detailed price information after filling out and sending the form for specified service.
If a change occurs in the valid tax regulations, in the exchange rate of the agreed currency, if transport price increase, including the gas rates, or if the fees for certain services which can affect the price increase, the Agency reserves the right to change the prices no later than 7 days before excursion, 20 days before package tour or 30 days before arrival in the accommodation facility. The increase in the price is calculated by the same percentage by which a change in variable elements has occurred.
If the increase in price amounts to more than 10 percent of the agreed price, the Guest has the right to terminate the contract without any obligation for the compensation of the damage. The Guest is obliged to notify the Agency, in writing, within two days of receiving the notification. Otherwise, the Guest agrees with the change in price.
If the change in price has caused a price decrease the Agency will refund the Guest difference up to the full amount paid.
6. SERVICE CATEGORIZATION
The offered vehicles, accommodation facilities, restaurants or other services are described in accordance with the categorisation of the local tourist organisation or another competent authority at the time of creating the offer or programme presentation. The standards for food, vehicles, accommodation facilities and other services are different in specific countries or places and not to be compared.
The Agency does not take any responsibility for any verbal or written information that is not in accordance with description of the services in the programme and the General Terms and Conditions, which the Guest may receive from an employee at a sale point, via telephone, in writing from an unauthorized person someone else.
The reception, the owner or any other authorized person at the accommodation facility handles the agreement within the facility.
7. THE MINIMUM NUMBER OF GUESTS AND CANCELLATION OF A RESERVATION BY THE AGENCY
The minimum required number of guests who booked is stipulated in the programme of each individual excursion, package tour, accommodation facility or other services. In the case that the minimum required number of guests stipulated in the programme or contract is not met, the Agency has the right to cancel the journey. The Guests who booked will be notified no later than 7 days before the journey, and are entitled to a refund of the total sum paid by that day, but not to damages. The Agency will refund all the payments related to the journey without any unnecessary delay within 14 days from terminating the contract. The Agency will notify the Guest about any change in the programme of excursion or package tour without delay.
The Agency can cancel the journey, excursion or accommodation at any given time if prior to the start or during the excursion or journey a force majeure intervenes (war, riots, strike, terrorist plots, natural disasters etc.) and then the Guest is entitled to a refund of 100% of the full price of the programme paid, damage excluded.
In case of departure delay, the Agency can offer the Guest another day of departure or an alternative programme. The Guest must, without delay, indicate whether he accepts alternative programme or not. If the Guest declines alterations or disregards Angency`s offer, then the contract is terminated and the Guest is entitled to a refund of funds paid by then, but not to damages and possible insurance costs and other similar costs. If accepting the altered day of departure, the Guest has no claims against the Agency, as well as the service provider on any legal basis, except being entitled to a refund of a part of the price if the alternative programme has a lower price.
8. CANCELLATION OF A RESERVATION BY THE GUEST
If the Guest wants to cancel a certain programme or accommodation, it is required to do so writing (through e-mail). The Guest can terminate the travel contract at any point before the journey`s onset. In that case, the Agency offers the basis for calculating cancelled expenses (unless the Contract stipulates differently) in proportion to the date of reservation cancellation as it follows:
For accommodation facilities:
60 days before arrival full amount is refunded
59-30 days before arrival damages amounting to 50% of full amount are refunded
29-15 days before arrival damages amounting to 40% of full amount are refunded
14-7 days before arrival damages amounting to 20% of full amount are refunded
Within 6 days or less before arrival the Agency retains the full amount.
*In situations where only the advanced payment was paid (which may vary) the Agency retains full amount of advanced payment, unless cancellation is made minimum 60 days before arrival, in which case the full amount of advanced payment is returned.
For excursions: up to 72 hours of the departure full amount is refunded to the Guest, otherwise the Agency retains the full amount.
For package tours:
Up to 15 days before the departure, there are no damages.
14-7 days before the departure, damages amounting to 30% of the full amount are charged (advance payment)
Within 6 days or less before departure, the Agency retains the full amount.
The Agency will refund all the funds to the Guest based on the stated rates, minus a suitable fee for terminating the contract, without any unnecessary delay within 14 days from terminating the contract. The Guests that do not show up (“no show”) at the place of departure at the time stated on reservation confirmation (receipt), voucher or programme are not entitled to a refund.
The stated expenses of cancelling also apply to any eventual changes in the time of departure and all other relevant changes done by the Guest, unless the contract specifically stipulates differently.
The Agency can cancel the excursion up to 12 hours before the departure for the reasons that are not considered an extraordinary circumstances and can not be prevented, avoided or averted, and in that case the Guest is entitled to a 100% refund. The Guest has the right to terminate the travel contract in the package tour before the package tour begins without paying any fee for terminating it in case of extraordinary circumstances that could not be avoided, and that happened at the place of destination or its immediate vicinity which severely affect the fulfillment of the package tour or the transport of Guests to that destination. In this situation, the Guest has the right to a full refund of funds paid for the package tour, but not to any additional compensation.
If the Guest terminates the contract after the excursion or the package tour have started, or during the stay in the accommodation facility, the Agency is entitled to retain the full amount of the contractual price.
9. THE AGENCY’S OBLIGATIONS
The Agency is obliged to offer the Guest the services that have the contents and characteristics stated in promotional materials and the Travel Contract, in accordance with the common practice in business, and the Guest is obliged to pay the Agency the full amount for the programme or service within the time stated in Item 4 (Payment).
The information about the Guest (name and surname, movement, as well as the names of companions) that are given to the Agency in order to provide the service, are allowed to communicate to a third party who is related to the immediate action of the booked programme or at the request of a competent authority.
The Agency is responsible for any damage done to the Guest by not fulfilling, partially or incompetently fulfilling the obligations related to organising the package tour by the Agency.
The Agency is obliged to offer help if the Guest requires it due to extraordinary circumstances which could not be avoided and is not possible to ensure the Guest` return. The Agency is obliged to bear the costs of necessary accommodation for up to 3 nights per passenger, and if possible the accommodation of the same rank as one in the contract. If the Guest caused a damage intentionally or because of negligence, the organizer may charge a suitable fee for aid which cannot amount more than the actual expenses the organizer i.e. Agency, bears.
Likewise, the Agency is obliged to, without unnecessary delay, offer suitable information regarding health services, local authorities and finding the alternative programmes to the Guest in need.
10. PROTECTION OF PRIVACY
Your privacy matters, therefore, our aim are clear information about collecting, using and processing of your personal data. The Guest will be informed about sharing personal data when using Agency`s services.
The Agency is obliged to protect, as a trade secret, everything found out about the Guest (personal data such as full name, home address, travel destination and time, duration of travel, price paid, names of other companions as well as other additional information the Guest provides) and will not, if the Guest does not agree or in statutory cases, communicate that information to a third party not related to providing the programme, nor use it as promotional material.
The Guest gives his personal information willingly, and when confirming the reservation consents that the information is being used for the reservation and realization of the programme. All personal information is strictly guarded and is available only to the employees to whom that information is necessary to carry out their obligations. The Agency collects only basic customer information which is necessary to fulfill program obligations. We regularly inform you about collecting your information, the way of use and we give you a choice in terms of using your personal data. This, also, includes if you like to be unsubscribed from our marketing campaign lists. All of the Agency’s employees and business partners are responsible for adhering to safe harbour principles.
11. THE GUEST OBLIGATIONS
The Guest is obliged to notify the Agency of all the facts in regards to his medical condition, habits etc., which might endanger the operation of the journey and/or excursion (if for medical reasons he requires a special kind of food, suffers from a chronic illness, an allergy etc.). The programmes specify the special remarks which the Guest needs to indicate before confirming the reservation. We recommend getting a health insurance policy.
The Guest is obliged to, at the Agency’s request, provide in due time all information needed for organizing and realizing the excursion, the package or reserving accommodation. The Guest is obliged to ensure that all of his documents and belongings comply with the Agency’s terms, which refer to safekeeping documents and luggage. The Guest bears the costs of the documents being lost or stolen during the journey.
The Guest is obliged to comply with the programme of the journey, and with house rules of the accommodation and catering facilities, and vehicles, as well as to cooperate with service providers in good faith. In case of not complying with these terms, the Agency will not be responsible for any damage caused, and the Guest pays the cost of damage on the spot.
During the journey, the Guest is obliged to comply with personal safety rules which would apply to any average person. The Agency is not responsible for the traveller’s actions which endanger his own personal safety.
The Guest is obliged to notify, in written or other suitable form, the Agency or the service provider on spot, of any service not being fulfilled or being incompetently fulfilled, as soon as possible, and/or to notify the journey organizer within 8 days of completing the journey.
The Agency is not responsible for the transport of luggage, nor is it responsible for luggage being destroyed or lost, or luggage or valuables being stolen during the journey, excursion or stay at the accommodation facility. The Guest reports the luggage being lost to the service performer or at the accommodation facility.
12. REPLACING GUESTS
If a Guest is unable to begin a journey, then he can appoint another person to use services of the journey in his place, if he has notified the Agency of that in writing. The Agency will accept that person as a substitute traveller and conclude the Travel Contract if he meets the conditions stipulated for that journey. The replaced and the new traveller are jointly responsible for paying for the price and the costs caused by the replacing.
The Guest who is unable to begin a journey has to notify the Agency up to 7 days before realizing the package, the excursion or arriving at the accommodation facility.
13. UNDERAGE GUESTS
Any person less than 18 years old is considered an underage Guest. An underage Guest may participate in an excursion or a journey, or stay at an accommodation facility when accompanied by a parent, a guardian or another person responsible. If an underage person is participating and using the Agency’s services without the presence of a parent/guardian or another person responsible, he has to provide the Agency with and keep on himself a signed consent of a parent, a guardian or another person responsible. By signing the contract, the contractor – a parent of the minor – the Guest, also confirms that the other parent is aware of and explicitly compliant with these General Terms and Conditions and the contract, and is responsible financially and criminally.
Alcohol and food tastings that include alcohol will not be served to underage Guests.
14. THE AGENCY AS THE INTERMEDIARY
General Terms and Conditions apply to all programmes of which the Agency is the main organizer, except in cases in which the Agency operates as an authorized intermediary, i.e. is not the main organizer of the programme.The Agency will notify the Traveller by the contract, which stipulates whether the Agency is acting as the organizer or the intermediary.
In case of mediating the stated services, general terms of the organizer responsible are applied, and the Agency is not responsible for performing the services of other organizers.When the Agency acts as the intermediary, it knowingly chooses a third party, i.e. the organizer or the performer of services stated in the programme, and is responsible for that choice.
15. THE ROLE OF THE INSURER
In case of insolvency or the Agency’s bankruptcy, the Guest on a journey at the time, as well as persons who have paid the advance payment for the journey, should quickly contact the insurer stipulated in the Contract, and provide a telephone number where they can be reached by a correspondent. Insurer: ADRIATIC osiguranje d.d., Zagreb, Listopadska 2 10000 Zagreb, www.adriatic-osiguranje.hr, service number 0800 0606
Prices of excursions and package tours in which the Agency acts as the responsible organizer include Organizer’s assurance of package arrangement and Organizer’s insolvency insurance for package arrangement. For prices of excursions, package tours or accommodation in which the Agency acts as the intermediary, insurance policies of the organizer or thee service providers are applied.
16. TRAVEL INSURANCE
Pursuant to the Law on Providing Services in Tourism, the Agency employees are obligated to offer Travel insurance which can include: health insurance, insurance from accidental injuries, getting ill when travelling, expenses of assistance and of getting back to the point of departure, insurance from damaging or losing luggage, and insurance from cancelling are not included in service prices. By accepting these General Terms and Conditions and signing a contract, the Guest confirms that he was offered a travel insurance package.
In case the Guest demands the stated insurances, they can be directly arranged with an insurer or the Agency, and the Agency acts only as the intermediary. If a Guest, when booking a journey, believes that for some reason he would have to cancel the journey, we recommend getting a cancellation insurance policy. Insurance from cancellation can only be obtained when booking a journey, and not later. Insurance from cancellation is valid only in the following cases, with a written confirmation: conscription, illness, death in the family. The Agency will in that case refund the Guest the total amount paid for the package.
If a Guest has no insurance from cancellation, and has to cancel the journey, the Agency retains the rights of payment stated in Item 8 of these Terms.
17. HANDLING COMPLAINTS
If the Guest raises an objection during the journey because of some of the stipulated services not being fulfilled or being incompetently fulfilled, he is obliged to follow procedural instructions of the organizer/service provider and cooperate with the travel guide so the cause of the objection may be mended at the place of the service being provided. If that is not possible, the Guest, together with the travel guide, is obliged to assemble a written confirmation that the cause of the objection could not be mended, and file a claim against the Agency within 8 days of returning from the journey. The Agency will deal only with objections for which the traveller submits evidence that he has made a complaint to the service provider on the spot, and that the cause could not be mended on the spot.
The Agency retains the right to refute group claims, complaints not raised in due time, and complaints for which it is ascertained that that they could be mended at the place of the service being provided, and the Guest did not cooperate with the service provider.
By the Article 6. of the Act on the provision of tourism services (Croatia) and Article 10. Paragraph 2 of the Customer protection Act (Croatia), the Guest may submit his possible discontent with the service provided by the Agency, or in special cases by another service provider, in written form on one of the following addresses:
Address: Ivana Meštrovića 25, 21327 Podgora
The Agency will reply to the Guest’s written complaint within 15 days of receiving it in writing. The Guest is obliged to state a contact address for delivering the reply in his complaint.
The Agency may postpone the deadline for handling the complaint for another 15 days for gathering information and confirming the allegations with the service provider or the service organizer. Until the Agency reaches a decision, at the latest 30 days from the complaint being submitted, the Guest renounces the mediation of any other institution or a court, and renounces the right to give out any information to an official publication or the media. Likewise, within the same 30-day period, the Guest renounces the right of action.
A proportional decrease in price by a complaint can only be as high as the price of the unutilized portion of the services, and compensation for not fulfilling, partially fulfilling or incompetently fulfilling services is limited to the price of the programme. Hereby the Guest’s right to the compensation of actual damage is precluded.
In case of a dispute, applicability of law and jurisdiction over the head office of the tourist agency, the service organizer or the service provider are used.
18. FINAL REMARKS
These General Terms and Conditions are an integral part of the Contract which the Agency concludes with the Guest. Any possible deviations from these Terms must be stipulated in the Contract. These General Terms and Conditions are valid from the day they are published and are the basis on which the Agency does business.
By purchasing an excursion, the Guest willingly makes his personal information available to the Agency and allows the same information to be used to realize the excursion and protect the Guest’s interests regarding anything related to the journey, excursion and accommodation. The same applies to sending travellers’ personal information to third parties (service providers, tour leaders, tour guides, accommodation owners etc.) necessary to realize the contracted programme.
The information on these pages and in these General Terms and Conditions is considered correct at the time of its inclusion. All the information will be reviewed on regular basis, and any possible mistakes corrected immediately. The Agency retains the right to change the information on these pages without prior warning.
The Agency’s official website (www.fluctustravel.com) may contain links to websites of other companies or organizations. Those links are just for your information, and the Agency is not responsible for inaccuracy of that information or these websites’ content.
By confirming the reservation, the Guest confirms that he is familiar with the General Terms and Conditions and he agrees to follow the stated regulations.
Publication date: April 15th 2019.
Odgovorni organizator i ovlašteni posrednik:
Obrt turistička agencija
Ivana Meštrovića 25, 21327 Podgora
ID KOD: HR-AB-21-17010404063