General business conditions
- GENERAL INFORMATION
These General Terms and Conditions of Business regulate mutual relations between PROJEKT 105 d.o.o., tourist agency THRILLSEEKER CROATIA, 34334 Kaptol, OIB: 50563229947, as a travel organizer and authorized intermediary (hereinafter referred to as the Agency) and the traveler or travel contractor (hereinafter referred to as the Traveler).
By accepting these General Business Conditions, the Traveler confirms that he has read, understood and will comply with the Agency’s General Business Conditions.
The general terms and conditions of business are an integral part of the travel program and mediation in the provision of accommodation services, as well as the Agreement on organizing travel, unless the contracting parties agree otherwise.
- MAIN FEATURES OF THE SERVICES
The content, program, prices of travel, accommodation facilities, as well as the minimum number of people required for the execution of the program, are published and available on the website of the Agency (www.thrillseekercroatia.com) and include the contents listed in the description.
Individual special and additional services (transfers, additional meals, optional excursions, fees, entrance fees, travel insurance, etc.) that are not included in the published program and content can be requested by the Traveler, and the Agency, if it has the option, can contract them and include them in the Contract. Individual special and additional services are paid separately by the Passenger. The Passenger will be informed about the price of special and additional services before concluding the Agreement.
- RESERVATION APPLICATION
The traveler can apply for the program or accommodation offered by the Agency on its website by e-mail, the form displayed on the website, social networks or by phone call.
When applying in any form, the Traveler voluntarily prints the requested information highlighted on the form, or requested via e-mail or phone call. The traveler guarantees that he has provided the Agency with correct and valid data necessary for the smooth implementation of the trip and accepts all legal obligations arising from the contract and positive legal regulations, and the Agency undertakes to protect the same data as specified in point 10 of these General Terms and Conditions.
The reservation becomes valid when the advance payment or the full amount for the requested program has been paid. The entire amount for the requested program must be paid by the agreed date, otherwise the reservation is cancelled.
- PAYMENT
An advance payment or the entire amount is paid depending on the excursion, trip and accommodation facility (unless otherwise stated in the offer), namely:
• For excursions: 30% of the total amount when confirming the reservation (advance payment), and the rest of the amount 5 days before the realization of the excursion,
• For travel: 30% of the total amount when confirming the reservation (advance payment) and the rest of the amount 10 days before the realization of the program,
• For team buildings: 30% of the total amount when confirming the reservation (advance payment), and the rest of the amount 5 days before realization
Payment for the program and accommodation facilities is made according to the information highlighted on the offer. After visible payment of the entire amount, the Agency issues an invoice, which is also a confirmation of reservation (voucher), which the Traveler must present to the service provider immediately before leaving for an excursion, trip or upon arrival at the accommodation facility. Payments are made transactionally in kuna (kn) or euros (€). Prices expressed in euros are indicative and may vary depending on the daily exchange rate.
More about the reservation method and payment methods at Reservation and payment methods.
- PRICES OF SERVICES
The prices of the program and accommodation facilities are published in the content description on the Agency’s website (www.thrillseekercroatia.com) and are valid from the date of publication. The prices are based on the cooperation agreement between the Agency and the service provider and/or organizer and do not have to correspond to the prices on the spot. Possible price differences cannot be objected to.
If there are changes in applicable tax regulations, changes in the exchange rate of the contracted currency, an increase in transportation costs, including fuel costs, or an increase in fees for certain services, which affect the price, the Agency reserves the right to change the price no later than 7 days before the start of the trip, 20 days before the start of the trip and 30 days before arrival at the accommodation unit. The price increase is calculated in the same percentage as the change in the mentioned calculation elements.
If the price increase would amount to more than 10 percent of the contracted price, the Traveler has the right to terminate the contract without liability for damages. About termination of the contract, the Traveler is obliged to notify the Agency in writing within 2 days of receiving the notification, otherwise it is considered that he agrees with the price change.
If the price changes caused a price reduction, the Agency will return the difference to the Traveler up to the previously agreed amount.
- CATEGORIZATION OF SERVICES
The offered means of transportation, accommodation facilities, restaurants and other services are described according to the official categorization of the local tourist organization or other competent body at the time of creating the offer and issuing the program. The standards of food, means of transport, accommodation facilities and other services in certain places and countries are different and not comparable.
The Agency does not assume responsibility for any oral or written information that is not in accordance with the description of the services in the program and the General Terms and Conditions, and which information the Traveler receives orally from the employee of the point of sale, by telephone, in writing from an unauthorized person or in another way.
The schedule of accommodation in the accommodation units is determined by the reception, the owner or another responsible person in the place of stay.
- MINIMUM NUMBER OF PASSENGERS AND CANCELLATION OF THE RESERVATION BY THE AGENCY
The minimum number of registered passengers is highlighted in the programs specifically for each excursion, trip and accommodation facility. In case of insufficiently registered number of passengers specified in the program and contract, the Agency has the right to cancel the trip. The registered Traveler will be notified 7 days before the start of the program, and the Traveler has the right to a refund of the price paid up to that time, without the right to compensation. The agency will return all payments related to the trip without undue delay, and no later than within 14 days from the termination of the contract.
The Agency will notify the Traveler without delay of any change in the travel and excursion program.
The Agency can cancel the trip, excursion or accommodation at any time if, before the start or during the trip or excursion, extraordinary circumstances occur that cannot be prevented, avoided or removed (war, riots, strikes, terrorist actions, natural disasters, etc.), then the Traveler acquires the right to a refund of 100% of the paid price of the program, without obligation to compensate damages.
In case of trip cancellation, the Agency may offer the Traveler an alternative departure date or an alternative program. The Traveler must immediately declare whether they accept or reject the replacement program. If the Traveler refuses the changes or does not respond to the Agency’s offer, the contract is terminated, and the Traveler is entitled to a refund of the amount paid up to that point, without the right to compensation for damages or any insurance and similar costs. If the Traveler accepts the modified departure date, they will have no claims against the Agency or the service provider/organizer on any legal grounds, except for the right to a partial refund if the alternative program has a lower price.
- CANCELLATION OF THE RESERVATION BY THE PASSENGER
If the Traveler wants to cancel a specific program or accommodation, he must do so in writing (e-mail). The traveler can terminate the travel contract at any time after the start of the trip.
In that case, the Agency determines the basis for calculating cancellation fees (unless otherwise stated in the Contract) based on the cancellation date as follows:
• For excursions:
If canceled up to 48 hours before the start of the excursion, the Traveler will receive a full refund. Otherwise, the Agency retains the full amount.
• For travel:
Up to 15 days before departure: No cancellation fee.
14 to 7 days before departure: 30% of the total amount (deposit) will be charged.
6 days or less before departure: The Agency retains the full amount.
For accommodation units:
45 to 15 days before arrival: 40% of the total amount will be charged.
14 to 7 days before arrival: 80% of the total amount will be charged.
6 days or less before arrival: The Agency retains the full amount.
Passengers who fail to show up (“no show”) at the designated departure location at the time specified on the booking confirmation (invoice), voucher, or program are not entitled to a refund.
In accordance with the above, the Agency will process all refunds to the Passenger, reduced by an appropriate termination fee, without unnecessary delay and no later than 14 days from the termination of the travel contract.
Passengers who fail to show up (“no show”) at the departure location at the time specified on the booking confirmation (invoice), voucher, or program are not entitled to a refund.
The stated cancellation costs apply to changes in the departure date and to all other significant changes made by the Traveler, unless the program and contract expressly state otherwise.
The Agency can cancel the trip no later than 12 hours before departure for reasons that do not represent extraordinary circumstances that cannot be prevented, avoided or eliminated, and in this case the Traveler acquires the right to a refund of 100% of the price paid.
The passenger has the right to terminate the package travel contract before the start of the package without paying any fee for termination of the contract in case of extraordinary circumstances that could not be avoided, which occurred at the destination or in its immediate vicinity and which significantly affect the fulfillment of the package or which significantly affect the transportation of passengers to the destination. In this case, the Traveler is entitled to a full refund of all payments made for the package deal, but is not entitled to additional compensation.
If the Traveler terminates the contract after the start of the excursion, trip or during the stay in the accommodation facility, and the reason is not extraordinary circumstances, the Agency is entitled to the full amount of the contracted price.
- OBLIGATIONS OF THE AGENCY
The Agency is obliged to provide the Traveler with the services that have the content and features specified in the promotional material and the Agreement on organizing travel, in accordance with business practices in this industry, and the Traveler undertakes to pay the Agency the stated amount of the program or service within the period indicated in point 4. (Payment).
Information about the Traveler (name and surname, movements as well as the names of his companions) that the Agency receives for the purpose of performing services, may be communicated to third parties directly related to the implementation of the program or at the request of the competent authority.
The Agency is responsible for all damage caused to the traveler by non-fulfillment, partial fulfillment or irregular fulfillment of obligations related to the organization of travel in a package arrangement by the Agency.
The Agency is obliged to provide assistance if the passenger finds himself in the difficulties of extraordinary circumstances that could not be avoided and it is not possible to ensure the return of the passenger, the Agency is obliged to bear the costs of necessary accommodation for a maximum of three nights per passenger, if possible in an equivalent category of accommodation contracted by the contract. If the Traveler caused the difficulty intentionally or through carelessness, the organizer can charge a reasonable fee for assistance, which cannot be higher than the actual costs of the organizer or the Agency. Also, the Agency is obliged, without undue delay, to provide the Traveler in difficulty with exemplary information about health services, local authorities and when finding alternative programs.
- PRIVACY PROTECTION
Your privacy is important to us, which is why we strive to clearly inform you about the collection, use, and processing of your personal data, as well as informing you about who we share your personal data with when using our services.
The Agency undertakes to keep all information it learns about the Passenger (such as personal data: name, address, and place of residence, travel destination and time, accommodation details, paid price, names of travel companions, as well as any additional notes the Passenger may provide) confidential as a business secret. The Agency will not, except with the Passenger’s consent or in cases required by law, make such information available to third parties not involved in the execution of the program, nor will it use this information for marketing purposes.
Our privacy policy is in compliance with the General Data Protection Regulation (GDPR), and we inform you and offer our clients the choice regarding the data we collect, use, and share in the manner described in the Privacy Policy and Cookie Usage, as well as in these Terms of Service.
The Passenger provides their personal data voluntarily and, by confirming the reservation, agrees that their personal data will be used for the purpose of booking and executing the program. All user data is strictly protected and available only to employees who need this data to perform their duties. The Agency explicitly specifies which data is necessary to execute the reservations and programs.
We commit to protecting the Passenger’s data by collecting only the essential information required to fulfill our obligations. We inform passengers about how their data will be used and regularly provide customers with the option to choose how their data is used, including the option to decide whether or not they want their name removed from the list used for newsletters. All employees of the Agency and business partners are responsible for adhering to privacy protection principles.
- OBLIGATIONS OF THE PASSENGER
The Passenger is required to inform the Agency of any facts regarding their health, habits, etc., that could potentially jeopardize the course of the trip and/or excursion (such as requesting a specific type of food for health reasons, suffering from a chronic illness, allergies, etc.). The programs include specific notes that need to be acknowledged before confirming the reservation.
We recommend purchasing health insurance.
The Passenger is required to provide all necessary information for organizing and executing the excursion, travel in a package deal, and accommodation reservation in a timely manner, upon the Agency’s request.
The Passenger is required to ensure that their documents and belongings meet the requirements set by the Agency, regarding the safekeeping of personal documents and luggage. The Passenger is responsible for any costs related to the loss or theft of documents during the trip.
The Passenger must adhere to the travel program and the house rules at hospitality and accommodation facilities, as well as on transportation, and cooperate with service providers in good faith. In the case of non-compliance with these obligations, the Agency disclaims any responsibility for the resulting damage, which the Passenger must pay on the spot.
The Passenger must follow personal safety rules that any average person would observe during the trip. The Agency is not responsible for actions taken by the Passenger regarding their personal responsibility.
The Passenger must inform the Agency or the service provider in writing or another appropriate form about any non-fulfillment or improper fulfillment of any service under the contract as soon as possible, and inform the tour organizer within 8 days of the trip’s completion.
The Agency is not responsible for luggage transportation and is not liable for damaged, lost, or stolen luggage, nor for the theft of luggage or valuables during the trip, excursion, or stay at the accommodation. Claims for lost luggage should be directed to the service provider or the accommodation facility.
- SUBSTITUTION OF PASSENGER
If the Passenger is unable to start the journey, they may designate a third party to use the travel services in their place, provided that the Agency is notified in writing. The Agency will accept the third party named as a substitute passenger if the third party meets all the required conditions for travel and enters into a travel agreement. The substituted and new passenger are jointly responsible for the payment of the price and the costs incurred due to the substitution.
The Passenger who is unable to start the journey must notify the Agency at least seven days before the commencement of the trip, excursion, or arrival at the accommodation.
- MINOR PASSENGER
A minor passenger is any person under the age of 18.
A minor passenger may participate in excursions, travel, and stay at accommodation facilities when accompanied by a parent, guardian, or another responsible adult. If a minor participates and uses the services of the Agency without the simultaneous presence of a parent/guardian or another responsible adult, they must provide the Agency with written consent signed by the parent, guardian, or other responsible adult, and have it with them. By signing the contract, the contracting party – the parent of the minor child – also confirms that the other parent is informed and expressly agrees to these General Terms and Conditions and the contract, for which they are materially and criminally responsible.
Alcohol and alcoholic tastings are not served to minor passengers.
- AGENCY AS A MEDIATOR
For all programs where the Agency is the main organizer, these General Terms and Conditions apply, unless the Agency acts as an authorized mediator and is not the main organizer of the program. The Agency will inform the Passenger in the contract, specifying whether it is acting as the responsible organizer or a mediator.
In cases of mediation in the aforementioned services, the general terms and conditions of the responsible organizer apply, and the Agency is not responsible for the implementation of services provided by other organizers.
When the Agency acts as a mediator, it consciously selects a third party, i.e., an organizer or service provider as specified in the program, and is responsible for their selection.
- ROLE OF THE INSURER
In the case of the Agency’s insolvency or bankruptcy, the Passenger on the trip, as well as those who have made deposits for the trip, should contact the insurer mentioned in the contract as quickly as possible and provide a phone number where the insurance representative can contact them.
The Agency’s insurer: Croatia Osiguranje d.d., Branch Zagreb I, Trg bana Josipa Jelačića 13, 10 000 Zagreb, www.crosig.hr, service number 0800 1884.
The prices for excursions and trips where the Agency acts as the responsible organizer include Insurance for the organizer’s liability for package tours and Guarantee Insurance for the tourist package. The prices for excursions, package tours, and accommodation facilities where the Agency acts as an intermediary are covered by the insurance of the responsible organizer and service providers.
- TRAVEL INSURANCE
In accordance with the Tourism Services Act, Agency staff are required to offer the Passenger a “package” of travel insurance, which includes health insurance, accident and illness coverage during travel, assistance and repatriation expenses, baggage damage and loss insurance, and cancellation insurance, which is not included in the service prices. By accepting these General Terms and Conditions and signing the contract, the Passenger confirms that they have been offered the travel insurance package.
If the Passenger requires the mentioned insurances, they can be directly contracted with one of the insurers or with the Agency, where the Agency participates only as an intermediary.
If the Passenger anticipates that they may need to cancel their trip due to certain situations, we recommend purchasing a cancellation insurance policy. Cancellation insurance cannot be purchased later but only at the time of booking the trip. Cancellation insurance is valid only in the following cases, and must be supported by mandatory written confirmation: military conscription, illness, death of a close family member. In this case, the Agency will refund the entire amount paid for the arrangement to the Passenger.
If the Passenger does not have cancellation insurance and needs to cancel the trip, the Agency reserves the right to payment according to the rules specified in section 8 of these Terms and Conditions.
- COMPLAINT RESOLUTION
If the Passenger raises a complaint during the trip due to the non-fulfillment or improper fulfillment of any of the agreed services, they must follow the instructions of the organizer/service provider regarding the procedure and cooperate with the trip escort to resolve the issue at the location of service provision. If this is not possible, the Passenger must, along with the trip escort, create a written confirmation that the issue could not be resolved, and upon return from the trip, submit the complaint to the Agency within 8 days. The Agency will only address complaints for which the Passenger provides proof that they submitted a written complaint to the service provider on-site and that the issue could not be resolved on-site.
The Agency reserves the right to reject group complaints, complaints not submitted within the given time frame, and complaints where it is determined that the issue could have been resolved at the service location but the Passenger did not cooperate with the trip escort.
In accordance with Article 6. Act on providing services in tourism and Article 10. para. 2 In accordance with the Consumer Protection Act, if the Passenger is dissatisfied with the service provided by the Agency or, in special cases, the service provider, they may submit a written complaint to the following addresses:
• Email: contact@thrillseekercroatia.com
• Office Address: Požeška 7, 34334 Kaptol
The Agency will respond to the written complaint within 15 days of receiving it. The Passenger is required to provide a contact address for the response in their complaint.
The Agency may extend the response time by an additional 15 days in order to collect information and verify the claims made in the complaint with the service provider or organizer. The Passenger waives mediation by any other institution or judicial body until the Agency makes a decision, and the total period for resolution will not exceed 30 days from the submission of the written complaint. During this time, the Passenger also waives the right to submit the issue to public media or press. Similarly, within this 30-day period, the Passenger waives the right to file a lawsuit.
A proportional price reduction based on the complaint may reach the amount of unused services, and the compensation for damage caused by non-fulfillment, partial fulfillment, or improper fulfillment of obligations is limited to the amount of the program price. This excludes the Passenger’s right to compensation for actual damage.
In the event of a dispute, the jurisdiction and applicable law shall be in accordance with the location of the tourist agency’s or service provider’s seat.
- FINAL NOTES
These General Terms and Conditions are an integral part of the Agreement concluded between the Agency and the Passenger. Any deviations from these General Terms and Conditions must be specified in the Agreement. These General Terms and Conditions are valid from the date of publication and form the basis of the Agency’s business operations.
By purchasing a trip, the Passenger voluntarily provides personal data to the Agency and allows them to be used for the purpose of carrying out the trip and protecting the Passenger’s interests in all matters related to the agreed travel, excursion, and accommodation. This also includes forwarding personal data to third parties (service providers, trip attendants, tour guides, accommodation facilities, etc.) who are necessary for the implementation of the agreed program.
The information on these pages and in these General Terms and Conditions is considered correct at the time of entry. All data will be regularly reviewed, and any errors will be immediately corrected. The Agency reserves the right to change the data on these pages without prior notice.
The official website (www.thrillseekercroatia.com) of the Agency may contain links to the websites of other companies or organizations. These links are for your information only, and the Agency is not responsible for the accuracy of information or content on those sites.
By confirming the reservation, the Passenger confirms that they are familiar with the General Terms and Conditions and agrees to abide by the specified rules.
Documents such as the Reservation and Payment Methods, Privacy Protection and Cookie Usage, and Notification on How to File Complaints are an integral part of these General Terms and Conditions.
Date of publication: September 25, 2017.
Responsible organizer and authorized intermediary:
PROJEKT 105 Ltd.
Travel agency.
THRILLSEEKER CROATIA
Požeška 7, 34334 Kaptol
OIB:50563229947