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General Terms and Conditions

GENERAL CONDITIONS AND GUIDELINES FOR TRAVEL ARRANGEMENTS

1. General Conditions
These General Conditions shall make an integral part of travel contract (hereinafter: Contract) regulating the rights and responsibilities of the tourist agency Trek Croatia as the travel organizer (hereinafter: Trek Croatia) and  the person who takes or agrees to take the package (the principal contractor) or any person on whose behalf the principal contractor agrees to purchase the package (the other beneficiaries) or any person to whom the principal contractor or any of the other beneficiaries transfers the package (hereinafter: Consumer).

The Contract shall be binding on the contracting parties upon signing by an employee of the Trek Croatia or any other person duly authorized for the sales of Trek Croatia's travel arrangements and by the Consumer.

Where it is not reasonably feasible that the Consumer signs the Contract, the Contract shall produce legal effects after Trek Croatia receives the full payment of the travel arrangement from the Consumer or a portion thereof, and in the latter case only after Trek Croatia receives the supporting documents evidencing indisputably the payment of the outstanding balance by the date previously agreed upon between Trek Croatia and the Consumer.

2. Reservations and payment
The Consumer may register for a trek organized by Trek Croatia via web pages of Trek Croatia or any other agency authorized for sales of Trek Croatia travel arrangements, either in person or by any other means of remote communication, including telephone, facsimile, e-mail or any other communication means agreed upon between the contracting parties.

The Consumer shall be obliged to provide personal data and all documentation requested by Trek Croatia and required for the purpose of organizing a trek. The Consumer shall be responsible for the content and the accuracy of the information submitted to Trek Croatia and shall accept all legal obligations deriving from the Contract and from laws and regulations in force.   

Unless otherwise provided for in a specific program, in order to confirm a reservation the Consumer shall upon registration pay 30% of the price of the travel arrangement, and the remaining 70% of costs of the arrangement shall be paid by the Consumer no later than 45 days before the departure. In the latter case, the Consumer shall deliver to Trek Croatia documents evidencing indisputably the payment of the outstanding balance by the date previously agreed upon between Trek Croatia and the Consumer.

If the Consumer fails to fulfill his payment obligation 45 days prior to the departure, the reservation shall be considered cancelled without the possibility of repayment of any sums paid by the Consumer.

An “upon request” reservation made by the Consumer within less than 45 days prior to the date of a trip shall be processed by Trek Croatia within two business days (note please that Saturday and Sunday are not considered business days) and shall inform the Consumer thereon in writing or any other appropriate form.

Where Trek Croatia is not able to ensure the requested arrangement within the stated term, the Consumer shall be repaid all sums paid by him/her under the Contract for the arrangement concerned.

The “full refund” principle shall not apply to Consumer who fails to accept the reservation made by Trek Croatia upon their request.

In the case of “last minute” reservation confirmed by Trek Croatia upon Consumer’s request, the Consumer shall be required to make an immediate payment covering the full cost of the arrangement or to deliver to Trek Croatia documents evidencing indisputably the payment by the date previously agreed upon between Trek Croatia and the Consumer.

3. Costs
The prices of trips shall be indicated in the traveling program and shall be valid from the day of advertising the program. Prices indicated in Trek Croatia programs shall be based on contracts with Trek Croatia partners and shall not necessarily be in conformity with prices advertised at the destination. Any price difference may not be subject to any objection or complaint.

Trek Croatia may anticipate payments on the spot for specific services provided to the Consumer. The Consumer must communicate any failure in the provision of a service which he perceives on the spot directly to the supplier of the services concerned at the earliest opportunity.

Trek Croatia may request an increase of the prices laid down in the Contract not later than 21 days before the  departure when it finds that it is constrained to revise significantly the price due to variations in the exchange rates applied to the particular arrangement or in transportation costs, including the costs of fuel, dues, taxes or fees chargeable for certain services, such as landing taxes or embarkation or disembarkation fees at ports and airports,  impacting the price of the trip, for reasons of unusual and unforeseeable circumstances beyond the control of Trek Croatia, the consequences of which could not have been avoided even if all due care had been exercised.

In such a case, the price of the arrangement will be increased reciprocally to the increase of the prices of the elements based on which the price is calculated. Trek Croatia shall notify the Consumer as quickly as possible in order to enable him to take appropriate decisions.The Consumer hereby agrees to accept the alterations made and their impact on the contracted price up to 10%. If the increase of price exceeds 10%, the Consumer shall be entitled to cancel the arrangement and shall inform Trek Croatia of his/her decision within 2 business days from the receipt of notification from Trek Croatia. If the Consumer withdraws from the Contract, he/she shall not be entitled to be compensated by Trek Croatia for non-performance of the Contract. If the Consumer does not submit his/her cancellation to Trek Croatia in writing within the above stated time period, it shall be assumed that he/she agrees with the price change.

4. Categorization and description of services
The offered hotels, pensions and any other facilities on Trek Croatia programs shall be described according to the official categorization of the respective countries at the moment of the program's availability. Local categorization in individual countries differs greatly. Accommodation, food, comfort and other services fall within the scope of responsibility of local and national tourist authorities, and therefore accommodation and service standards are different and incomparable and Trek Croatia shall not be deemed responsible for any such differences beyond the direct control of Trek Croatia.

The accommodation arrangement in rooms or pensions is determined locally by the reception desk. If the Consumer had not specifically arranged a room/pension with certain characteristics, he/she shall accept any officially registered and available room/pension in each individual facility or destination described in the travel program. Unless otherwise indicted in the travel program, reserved rooms shall be available to the Consumer starting at 2 p.m. on the agreed arrival date and rooms must be vacated not later than 10 a.m. on the agreed departure date. Trek Croatia must be informed by the Consumer about later arrivals beforehand, and no later than one day before trek departure, if such a later arrival had not been foreseen in the travel program.

5. Travel documents, compliance with laws and regulations
A Consumer that registers for a trek abroad must possess valid travel documents. Trek Croatia shall provide the Consumer, in writing or any other appropriate form, before the contract is concluded, with general information on passport and visa requirements and in particular on the periods for obtaining them, as well as with information on the health formalities required for the journey and the stay.During registration or by the deadline indicated in the program, the Consumer shall provide Trek Croatia with all information requested and documents necessary to obtain a visa for the country of destination. Trek Croatia shall not guarantee the obtainment of visas. If the Consumer does not fulfill the visa requirements or the visa application is rejected, it shall be considered that the Consumer has terminated the trek.   

The Consumer shall comply with customs, currency and any other laws and regulations of the countries travelled to. If the Consumer cannot continue his/her journey due to non-compliance with laws and regulations, he/she shall bear all the costs incurring therefrom and shall personally deal with any consequences thereof.

If the Consumer loses travel documents or finds them stolen during the trek, he/she shall personally bear the costs of issuance of new documents. The Consumer shall be responsible for securing that his/her personal conduct, his/her documents and luggage meet the requirements of visa, boarder, customs, health and other regulations of the Republic of Croatia as well as of any other country included in the travel program. The Consumer shall obey the rules of conduct in catering and hotel facilities and shall cooperate with the representative of Trek Croatia and service providers in good faith. In the event of non-compliance, the Consumer shall be responsible for any damage resulting therefrom, and Trek Croatia shall assume no responsibility for such damage. In such a case, the remuneration for damage shall be settled by the Consumer and the owner or person responsible for the facility concerned (hotel, pension, etc.) at the reception desk.

Trek Croatia shall before the contract is concluded provide the Consumer with information sources about the country of destination. Please visit the official website of the Croatian Ministry of Foreign Affairs (www.mvp.hr) and examine the list of countries evaluated as a high or moderate risk for travellers.

Prior to the payment for a travel arrangement, all Consumers are invited to personally inquire about the country of travel and its travel requirements, taking into account the differences in provisions applicable to nationals of particular countries. Trek Croatia shall refer the Consumer to the relevant information sources, but it shall not in any way assume responsibility for consequences that may result for the Consumer from irreverence of such provisions or those that may be caused by invalid travel documents. 

Invalid travel documents or unapproved visas that as a consequence call for the termination of the travel shall not create any obligation for Trek Croatia and conditions for the termination of the travel shall be applied.

6. Travel Insurance
Pursuant to the Act on Providing Services in Tourism, the Trek Croatia employees shall offer the Consumer a travel insurance “package” which is comprised of: voluntary health insurance during their stay abroad, accident insurance, luggage insurance and travel termination insurance. By signing the Contract, the Consumer shall confirm that a travel insurance package has been offered. The insurance shall be contracted directly with an insurance company or with Trek Croatia, acting solely as an intermediary. 

7. Travel termination insurance
If during travel registration, the traveller foresees that he/she may terminate his/her trek due to specific situations, a travel termination insurance policy is highly recommended. The retrospective payment for travel termination insurance shall not be possible.

Subject to a written confirmation, travel termination insurance shall be applied in case of military draft, illness, and death of an immediate family member. If the traveller does not hold a travel termination policy and must terminate his/her trek and has a confirmation of military draft, illness or death of an immediate family member, Trek Croatia shall be entitled to retainers in accordance with point 8 of these General Conditions. The expenses of visa obtainment incurred for Trek Croatia shall not be included in the sum to be repaid to the Consumer holding a termination insurance policy. As a holder of a termination insurance policy, the Consumer shall settle all his/her claims with the insurance provider, and Trek Croatia shall provide the Consumer with all necessary documentation supporting his/her claims pertaining to the travel arrangement. Please read carefully the travel termination conditions as stated in the insurance policy. 

8. Termination of trek by the Consumer
Unless stated otherwise in the travel program, if the Consumer terminates  a travel arrangement he/she already paid for, Trek Croatia shall be entitled to retain the following amounts of the total cost of the travel arrangement: 

– up to 30 days before departure 10% of the travel arrangement price, no less than 100 HRK
– 29-22 days before departure 30% of the travel arrangement price 
– 21-15 days before departure 40% of the travel arrangement price 
– 14-8 days before departure 80% of the travel arrangement price 
– 7-0 days before and after departure 100% of the travel arrangement price 

These retainers shall also apply to any changes in departure dates or accommodation facilities and to any other significant changes requested by the Consumer. If the Consumer as a contracting party terminates the travel contract, and finds another person for the same reservation that satisfies all the conditions applicable to the travel arrangement, Trek Croatia shall charge actual substitution expenses.

9. Iteration of travel by Trek Croatia or change of travel program
If Trek Croatia significantly changes the program, accommodations or costs before the beginning of the trek, they shall notify the Consumer as quickly as possible in order to enable him/her to take appropriate decisions. The Consumer may either accept or refuse the alterations within 2 business days of receipt of Trek Croatia's notification. In the event of refusal or a failure to respond to the offer, Trek Croatia shall within 7 business days repay to the Consumer any sums paid by him/her. If the Consumer accepts the substitute travel arrangement offered by Trek Croatia, it shall constitute a new travel contract, whereby the Consumer shall wave his/her right to any claims against Trek Croatia derived from the initial Contract.

Where, after departure, a significant proportion of the services contracted for is not provided or Trek Croatia perceives that they will be unable to procure a significant proportion of the services to be provided, Trek Croatia shall make suitable alternative arrangements, at no extra cost to the consumer, for the continuation of the trek, and where appropriate compensate the Consumer for the difference between the services offered and those supplied.The Consumer shall wave his/her claims against Trek Croatia possibly resulting from the difference between services contracted and services actually supplied.

If it is impossible for Trek Croatia to make such arrangements or these are not accepted by the Consumer for good reasons, Trek Croatia shall, where appropriate, provide the Consumer, at no extra cost, with equivalent transport back to the place of departure, or to another return-point to which the Consumer has agreed and shall, where appropriate, compensate the Consumer. The compensation shall cover the portion of the costs of the unused part of the contracted program. The compensation amount may not exceed the cost of the contracted travel arrangement.

In the event of external unusual and/or unpredictable circumstances that could not have been prevented, avoided or eliminated, and which would have been a justified reason for Trek Croatia not to conclude the Contract if they has been present at the time of contract signing, Trek Croatia shall be authorized to terminate unilaterally the contract in its entirety or partially, with no obligation of compensating the Consumer for any damage resulting therefrom. However, the Consumer shall be entitled to be repaid any sum paid by him/her either in its entirety or in the amount covering the difference in the costs between the contracted and actually supplied services.

Trek Croatia reserves the right to cancel any trek, no later than 5 days before the beginning of the trek, if the trek concerned was cancelled by the travel organizer for which Trek Croatia was an intermediary for the sales of such a travel arrangement or where the cancellation is on the grounds that the number of persons enrolled for the trek is less than the minimum required, or cancellation is for reasons of force majeure or for any other justified reason.

Trek Croatia reserves the right to change the date or hour of the travel due to changes in flight schedules or due to the occurrence of unforeseeable circumstances, as well as the right to change the direction of travel if the conditions of travel change (flight schedule change, security situation in a specific country, natural disasters or any other situations beyond the control of Trek Croatia), with no obligation of damage compensation and in accordance with valid regulations in domestic and international traffic.

Trek Croatia shall not be held responsible for changes due to unforeseeable circumstances and force majeure during the trek. In that case, Trek Croatia shall try their best to ensure services of equivalent or higher quality to the Consumer, depending on the given situation.

Trek Croatia shall not be held liable neither for possible printing errors of programs within brochures/catalogues nor for incorrect data entry by the operator of Trek Croatia websites.

10. Trips organized by other organizers/tour operators
These General Conditions shall apply to all travel arrangements organized directly by Trek Croatia, but they shall not apply to those in which Trek Croatia acts only as an intermediary, i.e. when Trek Croatia is not the principal tour organizer. Such travel arrangements shall be specially indicated in the program description and general conditions of the responsible organizer shall apply thereto. Trek Croatia shall not be held accountable for the implementation of tourist travel arrangements of other organizers. With the execution of the contract, the Consumer shall accept the program and the travel conditions in their entirety.

11. Resolution of complaints
In cases of complaint, Trek Croatia shall make prompt efforts to find appropriate solutions.The Consumer shall be entitled to submit a complaint concerning failure to perform or improper performance of the contract. The Consumer must communicate any failure in the performance of a contract which he/she perceives on the spot to the supplier of the services concerned and to Trek Croatia in writing or any other appropriate form at the earliest opportunity. The Consumer should address a complaint to Trek Croatia in writing within 8 days after the finalization of the trip. Complaints delivered after the deadline of 8 days shall not be taken into consideration. As a contracting party, every Consumer shall deliver a complaint individually. Trek Croatia shall not take group complaints into consideration. All duly submitted complaints shall be responded to by Trek Croatia within 15 days after receiving the complaint in the same manner the complaint was received (e-mail, mail or any other appropriate form). Trek Croatia shall address only those complaints supported by evidence that the Consumer has submitted a complaint to the service provider on the spot and that the cause of the complaint could not be eliminated on the spot.

Until Trek Croatia delivers a decision, the traveller shall abandon mediation of any other person, court establishments or providing information to the media.

12. Health regulations
The Consumer shall notify Trek Croatia of all facts in regards to his/her health, habits, etc. that may jeopardize the progress of the trek (either due to health or other reasons including a specific type of food required, chronic illness, allergies etc.). In specific programs special travel rules shall be indicated, including mandatory vaccinations and the acquisition of pertinent documentation. The Consumer shall execute mandatory vaccinations and shall hold and present to Trek Croatia the relevant documents thereof. It is highly recommended to obtain a health insurance policy.

13. Luggage
Trek Croatia shall not assume any responsibility for the loss of or damage to luggage of their Consumers. The transport of luggage of a specific weight shall be free of charge.Bus and/or coach undertakings and air carriers shall be liable for the loss of or damage to luggage placed under their responsibility.Claims for lost luggage should be addressed to the transportation provider or hotel. In the event of lost, delayed or damaged baggage, the Consumer must complete a Property Irregularity Report (PIR) and submit one copy thereof to the air carrier and keep the second copy for his/her purposes. Based on PIR form, the airline shall compensate the Consumer in accordance with the regulations applicable to domestic and international passenger air traffic.

In the event of the loss of luggage inside the hotel, the Consumer shall address a claim to the hotel concerned. It is highly recommended to obtain a luggage insurance policy.

14. Insurance in the event of payment incapability or bankruptcy of the travel organizer
In accordance with the Act on the Provision of Tourist Services, Trek Croatia has a Contract on Insurance in Case of Insolvency or Bankruptcy of the Travel Organiser concluded with an insurance company for non-performance of travel services or for the return of the Consumer to the place of departure. In case of occurrence of the insured event, the Consumer should contact the insurance company as soon as possible: CROATIA osiguranje d.d. Zagreb, Miramarska 22, phone: 385 1 6333 100 (Guarantee Insurance Policy Number: 259141131500). This document shall be valid as a Confirmation of Insurance in Case of Bankruptcy or Insolvency of the Travel Organiser.

15. Liability insurance
In accordance with the Act on the Provision of Tourism Services, Trek Croatia has concluded with the insurance company CROATIA osiguranje d.d. a Liability Insurance Contract for damages caused to a passenger by failure to meet obligations or by partially or inconsistently meeting obligations, number 099140201368. The employees of the agency shall inform the Consumer of the content of the valid Liability Insurance Contract, and by signing the Contract the Consumer shall confirm to have been informed thereon.

16. Protection of personal data
The Consumer shall voluntarily disclose his/her personal data to Trek Croatia, necessary for the realization of contracted travel arrangements and to be used for further communication purposes. Trek Croatia shall not use the Consumer’s personal data for any other purposes, with the exception of travel insurance policy. The Consumer’s personal data shall be stored in a database, in accordance with the Decision of the Board of Directors on methods of collection, processing and protecting personal data.

17. Information
Notification received by the Consumer at the registration location shall not oblige Trek Croatia to a greater degree than the notifications and information indicated in the travel program itself.

18. Final provisions
These General Conditions and Guidelines for Travel shall be an integral part of the Contract concluded between the Consumer and Trek Croatia or another tourist agency duly authorized for the sales of treks organized by Trek Croatia. The contracting parties are committed to seeking a proper, fair and timely resolution of a dispute. If the efforts to reach an amicable settlement of the dispute remain unsuccessful, the matter will be referred for decision to the competent court in Zagreb having subject-matter jurisdiction over the matter in dispute.


LINGUA LAB d.o.o., Zagreb, Srednjaci 15, TREK CROATIA tourist agency, Zagreb, Hektorovićeva 2