Travel Contract and General
Conditions and Directives for Travel Arrangements
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1. Subject Matter of the Contract
The subject matter of this Contract is the regulation
of the mutual relations of the travel organizer – the
travel agency p.a. VENERA putnička agencija d.o.o. (hereinafter
p.a. VENERA) and the TRAVELER i.e. the travel contractor
in the case where the travel contractor concludes this
contract in behalf of a third party (hereinafter TRAVELER).
This Travel Contract contains General Conditions and Directives
for Travel Arrangements, i.e. it refers to the travel
program that contains all necessary data. The Contract
is considered binding upon signing by an employee of the
agency (an employee of the p.a. VENERA agency or any other
person authorized for the sales of p.a. VENERA travel
arrangements) and by the traveler and upon total payment
of the travel arrangement or a portion of the payment
if payment of the remaining amount by the agreed date
is indisputably insured by the traveler. If the traveler
is not able to personally sign the Contract, the Contract
assumes legal effect only when p.a. VENERA receives the
entire agreed amount of the cost of the travel arrangement
or if such is specifically agreed upon, a portion of the
agreed payment and documentation that indisputably insures
the payment of the remaining portion of payment by the
agreed date. The traveler may register for a voyage in
all branch offices of p.a. VENERA as well as other authorized
agencies in person, by telephone, Internet or other means
of remote communication. When concluding a Contract, the
traveler is obliged to provide personal data and duly
provide all documentation necessary of the organization
of the voyage. The traveler guarantees that p.a. VENERA
has been provided with correct and valid data necessary
for the undisturbed realization of the voyage and accepts
all legal obligations deriving from this Contract and
from legal regulations.
2. Reservations and payment
Upon registration, as a reservation confirmation,
the traveler pays 30% of the costs of the travel arrangement
(if not differently stated in the program). The remaining
portion of the total cost of the travel arrangement shall
be paid no later than 21 days before the beginning of
travel or documentation that insures the undisputed total
payment by the second agreed term of payment shall be
provided. If the traveler does not fulfill this obligation,
we will consider that he has terminated his reservation
without the possibility of refunding the paid advanced
payment.
For individual reservations as well as for all “inquired”
reservations (for individual travel arrangements for specific
voyages when at the moment of registration of the traveler
no vacancies are available, but p.a. VENERA is able to
additionally secure them) p.a. VENERA charges reservation
costs in the amount of 100 HRK, except in the case when
less than 21 days remains until departure for the voyage
where reservation costs for “inquired” reservations shall
be paid the amount of the cost of the travel arrangement
in accordance to conditions of Article 8 of this Contract.
p.a. VENERA is obliged to process such a requested reservation
within 2 business days (Saturday is not considered a business
day) and written or orally inform the traveler of the
executed reservation. If p.a. VENERA does not inform the
traveler of the executed reservation in the aforementioned
term or is not able to insure the reservation for the
requested travel arrangement, the paid reservation costs
will be refunded to the traveler in their entirety. If
the traveler does not accept the requested reservation
confirmed by p.a. VENERA, the reservation costs shall
not be refunded. If the traveler accepts the travel arrangement,
the reservation costs shall be calculated in the costs
of the travel arrangement.
For a reservation confirmation of “Fortune System” or
“Last minute” offers the traveler is obliged to immediately
pay the amount in its entirety or to insure an indisputable
payment.
3. Costs
The travel costs are published in the travel
program and are valid as of the program's publishing date.
The costs stated in p.a. VENERA programs are based on
the fundamental contracts concluded with our partners
and do not have to correspond with costs published on
the spot of the destination in which the traveler shall
abide, and the eventual difference in price shall not
be subject to dispute.
The travel organizer may anticipate that a traveler executes
payment on the spot of a specific service that will be
utilized abroad in the currency of the country where he
is to be situated. For services that are paid for on the
spot, the traveler submits eventual disputes directly
to the executor of the services.
p.a. VENERA may, exclusively in written form and no later
than 20 days before the beginning of the voyage, require
an increase of the agreed cost if changes in currency
exchange rates or changes in transport or hotel tariffs
occurred after conclusion of the contract. The traveler
is obliged to accept an increase of 10% of the contracted
price. If an increase of over 10% of the contracted price
occurs, the traveler has the right to terminate the travel
arrangement, and in that event is required to contact
p.a. VENERA within 2 business days of the received notification.
In the event of termination of the travel arrangement,
the traveler does not have a right to compensation. If
the traveler does not deliver his termination to p.a.
VENERA in written form and in the stated term, it will
be considered that he agrees with the price change.
4. Categorization and description of services
The offered hotels, pensions or any other facilities
on p.a. VENERA programs are described according to the
official categorization of the respective countries at
the moment of the program's issuance. May we point out
that local categorization in individual countries differs
greatly. Accommodation, food, comfort and other services
are under surveillance by local and national tourist authorities,
and accommodation and service standards are different
and cannot be compared. p.a. VENERA shall not assume responsibility
for any oral or written information that is not in accordance
with the description of services and facilities in p.a.
VENERA programs valid for stated voyages, which may have
been supplied by p.a. VENERA employees or any other third
person.
The accommodation arrangement in rooms or pensions is
determined locally by the reception desk. If the traveler
had not specifically arranged a room/pension with certain
characteristics, he will accept any officially registered
and available room/pension in each individual facility
or destination described in the travel program. Accommodation
is not possible before 16:00 on the day initiating the
utilization of the services, and the same shall be vacated
by 10:00 on the day completing the utilization of the
services, if not differently stated in the travel program.
For later arrivals in accommodation facilities (after
20:00), it is necessary to inform p.a. VENERA of such
beforehand, no later that one day before voyage departure,
if such a later arrival had not been foreseen in the travel
program.
5. Travel documents, respecting regulations
A traveler that registers for a foreign voyage
must possess valid travel documents. During registration
or by the deadline stated in the program, the traveler
shall provide p.a. VENERA with all essential data and
documents necessary to obtain a visa for the country of
travel. p.a. VENERA does not guarantee the obtainment
of visas. If the traveler does not fulfill the stated
obligations or the request for the obtainment of the visa
is rejected, it shall be considered that the traveler
has terminated the voyage.
The traveler shall respect customs, currency and other
regulations. If the traveler cannot continue his journey
due to lack of conformity to regulations, he solely bears
all incurred costs and consequences of the same. If the
traveler loses travel documents or finds the same stolen
during the duration of the voyage, he is obliged to insure
new documents at his own cost. The traveler is obliged
to secure that he personally, his documents and luggage
fulfill conditions prescribed by visa, boarder, customs,
health and other regulations of the Republic of Croatia
as well as of countries to which will be traveled. The
traveler is obliged to comply with rules of conduct in
catering and hotel facilities and to cooperate with the
representative of the travel organization and service
providers in good faith. In the event of non-compliance
of the stated obligations, the traveler is responsible
for the incurred damage, and p.a. VENERA assumes no responsibility
for such damage. In such a case, the amount of damage
shall be settled by the traveler to the owner of the facility
(hotel, pension, etc.) at the reception desk.
During the signing of the contract, the p.a. VENERA employee
will inform the traveler of the information sources of
the country in which the traveler is traveling including
the opinion of the Ministry of Foreign Affairs of the
Republic of Croatia. We recommend that each traveler informs
themselves by visiting the website www.mvp.hr and examines
the list of high- and moderate-risk countries according
to the opinion of the MFA of Croatia.
For all travelers who are not citizens of Croatia and
do not possess Croatian travel documentation, we recommend
that before payment of the travel arrangement, the traveler
should personally inquire about the country of travel
and conditions that are necessary to fulfill for travel
to that country, taking into account the differences in
provisions that are valid for citizens of particular countries.
p.a. VENERA may refer the traveler to an information source
but do not in any way assume responsibility for consequences
that may result for the traveler due to irreverence of
such provisions.
Invalid travel documents, i.e. unapproved visas that as
a consequence call for the termination of travel, in no
regard constrain p.a. VENERA and conditions for the termination
of travel shall be implemented. p.a. VENERA declines all
responsibility for damages that may result due to irreverence
of provisions of particular countries or those that may
produce invalid travel documents.
6. Travel Insurance
Pursuant to the Law on Providing Services in
Tourism, agency employees are obliged to offer the traveler
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 traveler confirms that a travel
insurance package has been offered. In the event that
the traveler requests the mentioned insurance, it may
be directly concluded with any insurance provider or with
p.a. VENERA, where p.a. VENERA acts only as an intermediary.
By signing the contract it shall be considered that travelers
have been offered and recommended the insurance stated
in the previous paragraph.
7. Travel termination insurance
If during travel registration, the traveler foresees
that he may terminate his voyage due to specific situations,
we recommend the payment of a policy of travel termination
insurance. Termination insurance cannot be paid retrospectively,
only during the process of travel registration.
Termination insurance shall be applied in the following
situations only, with the obligatory written confirmation:
military draft, illness, death of an immediate family
member. If the traveler does not possess a travel termination
policy and must terminate his voyage and has a confirmation
of military draft, illness or death, p.a. VENERA reserves
the right of disbursement in accordance with regulations
stated in Article 8 of this Contract. Upon termination
of a travel arrangement, the expenses of visa obtainment
are not disbursed even if the traveler has a termination
insurance policy. With the payment of a termination insurance
policy, the traveler transmits all his claims onto the
insurance provider of the termination insurance policy
in possession, and p.a. VENERA shall be obliged to insure
all necessary documentation for the traveler for actualizing
the claims of the traveler toward the insurance provider,
and which pertains to the travel arrangement. All termination
conditions are stated in the insurance policy and we recommend
that each traveler read them carefully.
8. Termination of voyage by the traveler
If the traveler terminates a paid travel arrangement,
p.a. VENERA retains the following amounts of the total
cost of the travel arrangement (if the program does not
state otherwise):
European voyages, vacations, ski trips
– 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
Exotic voyages, foreign language courses, tailor made
programs, First and Last minute
– up to 30 days before departure 40% of the travel arrangement
price
– 29-15 days before departure 80% of the travel arrangement
price
– 14-0 days before and after departure 100% of the travel
arrangement price
Cruises
– up to 46 days before departure 10% of the travel arrangement
price
– 45-31 days before departure 25% of the travel arrangement
price
– 30-16 days before departure 50 of the travel arrangement
price
– 15-8 days before departure 80% of the travel arrangement
price
– 7-0 days before and after departure 100% of the travel
arrangement price
The stated expenses apply to changes in departure dates
or accommodation facilities as well as for all other significant
changes. p.a. VENERA charges actual substitution expenses
if the traveler – contractee terminates the travel contract,
and finds another client for the same reservation that
satisfies all conditions for consuming the stated travel
arrangement.
If the traveler has not paid the remaining amount or
insured the undisputable payment of the travel arrangement
21 days before the travel departure, p.a. VENERA shall
consider that the traveler has terminated the reservation,
without the possibility of disbursement of the settled
advance payment for the travel arrangement.
9. Iteration of travel by p.a. VENERA or change
of travel program
If p.a. VENERA significantly changes the program,
accommodations or costs before the beginning of the voyage,
they are obliged to immediately inform the traveler thereof
in written form. The traveler may either accept or refuse
the amended program within 2 business days of receipt
of p.a. VENERA notification. In the event of refusal or
a failure to respond to the offer, p.a. VENERA shall be
obliged to refund the paid expenses to the traveler within
7 business days. In the event of acceptance, the substitute
travel arrangement that p.a. VENERA had offered shall
be considered the new travel contract, where the traveler
resigns the right to all claims towards p.a. VENERA from
any legal basis that derived from the initial contract.
If p.a. VENERA had not offered the greater part of the
contracted services or if they estimate that they will
not be in the situation to insure the implementation of
the greater part of the contracted services after the
commencement of the voyage, p.a. VENERA may on their burden,
with the compliance the traveler, execute changes in the
program for the continuation of the voyage and as necessary
compensate the traveler for the price difference between
the contacted and actual services offered. With written
consent of the traveler, p.a. VENERA may substitute the
unexecuted portion of services with another service, where
the traveler resigns the right to seek claims from p.a.
VENERA for such a mutually contracted and amended portion
of the voyage in regards to the concluded travel contract.
If p.a. VENERA was not able to amend the travel program
in an adequate manner or if a traveler does not accept
the changes due to justified reasons, p.a. VENERA will
enable the return of the traveler to the departure point
or to another location at their own cost, it the traveler
agrees with such, and reimburse any eventual damage the
traveler sustained in doing so. Damage is paid as the
portion of the costs of the unused portion of the contracted
program, which is based on the complaint of the traveler.
p.a. VENERA will resolve the complaint in the manner as
stated in point 10 of this contract. The largest amount
of compensation may be the cost of the contracted travel
arrangement.
p.a. VENERA is authorized to completely or partially terminate
the contract by a unilateral statement, without the obligation
of damage compensation to the traveler, in the event of
external uncommon and unpredictable circumstances that
could not have been prevented, avoided or eliminated,
and if they were to exist at the time of concluding the
contract for organizing the voyage, would have been a
justified reason for p.a. VENERA to not conclude the contract.
In such a case, the traveler has the right to reimbursement
of the paid amount in its entirety i.e. the difference
in the cost between the contracted and offered services.
p.a. VENERA reserves the right to cancel voyages, no
later than 5 days before the beginning of the voyage,
if the voyage was cancelled by the travel organizer for
which p.a. VENERA was an intermediary for the sales of
the mentioned travel arrangement or if the minimum number
of travelers necessary for the realization of a travel
arrangement stated on each individual travel program did
not register for a specific voyage or for any other justified
reason.
p.a. VENERA reserves the right to change the date or
hour of 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
other situations where p.a. VENERA has no influence),
without damage compensation, and in accordance with valid
regulations in domestic and international traffic.
p.a. VENERA shall not be held responsible for changes
due to unforeseeable circumstances and force majeure during
the voyage. In that case, services in respect to the given
situation can be insured. p.a. VENERA shall not be held
liable for eventual printing errors of programs in the
context of brochures/catalogs as well as for erroneous
inputs of data by the operator of p.a. VENERA websites.
10. Resolution of complaints
The traveler has the right to file complaints
due to the failure to realize contracted services. The
traveler is obliged to file a written complaint to p.a.
VENERA within 8 days of the conclusion of the voyage.
Complaints filed after the end of the 8-day term will
not be taken into account. We emphasize that it is in
the traveler's best interest to act in good faith and
to exhibit the desire to resolve any complaints during
the voyage by delivering his written complaint to the
service provider on the spot (reception, transport provider,
catering or travel agency at the destination) and request
that the complaint has been received by the service provider.
Each traveler – contractee files complaints individually.
p.a. VENERA will not take group complaints into consideration.
p.a. VENERA is obliged to deliver a written decision
concerning the complaint within 8 days of receipt of the
complaint, and in the manner on which the complaint was
received (by e-mail, mail or personal delivery that will
be replied in written form an delivered by certified mail
with return receipt requested). If necessary for the purpose
of gathering information and verification of statements
of the complaint, p.a. VENERA may postpone the term for
delivering a decision for an additional 14 days, where
p.a. VENERA shall be obliged to notify the traveler who
filed the complaint in written form. p.a. VENERA will
only resolve those complaints for which the traveler delivers
evidence that a written complaint had been filed to the
service provider on the spot and where the cause could
not have been eliminated on the spot. If failure of realization
of the program or portion of services occurred due to
a fault by p.a. VENERA, the traveler has the right to
compensation in the amount of the actual value of the
unused services and cannot include services that have
been used or the entire value of the travel arrangement.
In the event of concluding a contract according for “Fortune
System” or “Last minute offers”, the traveler does not
have the right to file a complaint regarding the quality
of the accommodation.
Until p.a. VENERA delivers a decision, the traveler shall
abandon mediation of any other person, court establishments
or providing information to the media.
11. Health regulations
The traveler is obliged to notify p.a. VENERA
of all facts in regards to his health, habits, etc. that
may jeopardize the progress of the voyage (if due to health
or other reasons, a specific type of food is necessary,
if chronically ill, if allergies are present, etc.). In
some programs, special travel rules are stated, which
include mandatory vaccinations and the acquisition of
pertinent documentation. The traveler shall be obliged
to execute mandatory vaccinations as well as be in possession
of confirmation and documents thereof. We recommend obtaining
a health insurance policy.
12. Luggage
The transport of luggage of a specific weight
is free of charge. For air transportation, the traveler
pays for luggage excess in accordance to valid regulations
and transporter’s prices. Children up to 2 years of age
do not have the right to free luggage transport. p.a.
VENERA does not assume responsibility for lost or damaged
luggage. Claims for lost luggage are directed to the transportation
provider or hotel. For air transportation, the airline
is exclusively responsible for luggage, based on regulations
that are valid concerning air traffic. In the event of
loss of luggage, the traveler fills out a PIR form of
the airline that executed the transport and delivers the
said form to the representative of the airline, and keeps
one copy. Based on the filled out form, the airline pays
compensation pursuant to regulations that are valid for
domestic and international passenger air traffic.
In the event of the loss of luggage inside the hotel,
the traveler sends a claim to the hotel where the luggage
was lost. We recommend obtaining a luggage insurance policy.
13. Insurance in the event of payment incapability
or bankruptcy of the travel organizer
In the event of payment incapability or bankruptcy
of the travel organizer, travelers found on a voyage must
contact the insurance provider Croatia osiguranje d.d.,
Kapucinski Trg 14, Varaždin tel: 01/633-2000 as soon as
possible and state the address or telephone number where
an insurance representative may contact them. This document
has the validity of insurance confirmation in the event
of bankruptcy or payment incapability of the travel organizer.
Policy number of liability insurance: 013/08.
14. Liability insurance
In accordance to the Law on Providing Services
in Tourism, p.a. VENERA has concluded a contract (number
099090000674) with the insurance provider Croatia osiguranje
d.d. regarding liability insurance for damage induced
upon the traveler due to the failure to realize, to partially
realize or to disorderly realize the obligations relating
to the package travel arrangement.
15. Protection of personal data
The traveler voluntarily renders personal data.
Personal data of the traveler are necessary in the realization
process of contracted travel arrangements and shall be
used for further communication. p.a. VENERA obliges that
personal data of the traveler will not leave the country
except for the purpose of realizing contracted travel
arrangements. An exception to providing personal data
to third persons applies to concluding a travel insurance
policy, i.e. if the traveler concludes an insurance policy,
his data will then be forwarded to an insurance provider.
The traveler's personal data will be stored in a database,
in accordance with the Decision of the Board of Directors
concerning methods of collection, processing and protecting
personal data. The traveler shall agree that his personal
data may be used for the purpose of p.a. VENERA marketing
actions.
16. Information
Notification received by the traveler orally
at the registration location does not oblige the organizer
to a greater degree than the notifications and information
stated in the travel program itself.
17. Final provisions
These conditions and directives for travel exclude
all current conditions and directives for travel. General
conditions and directives for travel are an integral part
of the contract concluded between the traveler and p.a.
VENERA or an authorized tourist agency where the traveler
registered for a voyage organized by p.a. VENERA. The
parties agree that all eventual disputable situations
shall be settled by agreement. In the contrary, in the
event of a dispute the legally amenable court is the Court
of Varaždin, where Croatian legislation shall be used.
p.a. VENERA putnička agencija d.o.o., Varaždin, S. Vraza
6
January 2010
Payment Mode
Statement concerning the protection of personal data