1. GENERAL INFORMATION
These General Terms and Conditions regulate the mutual relations between the travel agency MISTERION RIVIERA jdoo, Kamanje 106, 47 282 Kamanje, OIB: 05435447110, as a travel organizer and authorized intermediary (hereinafter the Agency) and travelers or travel contractors (hereinafter Traveler).
By accepting these General Terms and Conditions, the Traveler confirms that he has read, understood and will comply with the General Terms and Conditions of the Agency.
The General Terms and Conditions are an integral part of the travel, excursion and mediation program in the provision of accommodation services, as well as the Contract on the organization of travel, unless the contracting parties agree otherwise.
2. MAIN FEATURES OF SERVICES
The content, program, prices of trips, accommodation facilities, as well as the minimum number of persons required to execute the program, are published and available on the Agency's website (www.misterion-riviera.com) and include the contents listed in the description.
Certain special and additional services (transfers, additional meals, optional excursions, fees, tickets, travel insurance, etc.) that are not included in the published program and content, the Traveler may request, and the Agency, if possible, may contract and include them in the Contract. Some special and additional services, the Traveler pays separately. The Passenger will be informed about the price of special and additional services before concluding the Contract.
3. RESERVATION REGISTRATION
The traveler can apply for the program or accommodation, offered by the Agency on its website, via e-mail, the form displayed on the website, social networks or by phone.
When registering in any form, the Traveler voluntarily prints the required information highlighted on the form, or which is requested by e-mail or telephone call. The Traveler guarantees that he has provided the Agency with correct and valid information 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 information as stated in point 10 of these General Terms.
The reservation becomes valid when an advance payment or the full amount for the requested program has been paid. The full amount for the requested program must be paid by the agreed date, otherwise the reservation is canceled.
The advance payment or the entire amount is paid depending on the trip, trip and accommodation facility (unless otherwise stated in the offer), as follows:
- For excursions: the full amount is charged when confirming the reservation,
- For trips: 30% of the total amount when confirming the reservation (advance payment) and the remaining amount 10 days before the realization of the program,
- For accommodation facilities: the full amount will be charged upon confirmation of booking.
Payment for programs and accommodation facilities is made according to the data highlighted in the offer. After visible payment of the full amount, the Agency issues an invoice which is also a confirmation of reservation (voucher) which the Traveler is obliged to present to the service provider immediately before departure for the trip, trip or upon arrival at the accommodation facility.
Payments are made by transaction (Internet banking or general payment slip in the bank) in HRK (HRK) or EUR (€). Prices expressed in euros are approximate and may vary depending on the daily exchange rate.
5. PRICES OF SERVICES
The prices of programs and accommodation facilities are published in the description of the content on the Agency's website (www.misterion-riviera.com) and are valid from the day of publication. Prices are based on a cooperation agreement between the Agency and the provider and / or service organizer and do not have to correspond to the prices on the spot. Any differences in prices cannot be objected to.
If there are changes in applicable tax regulations, changes in the exchange rate of the contracted currency, increase in transportation costs, including fuel costs or 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 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 in which the mentioned calculation elements occurred.
If the price increase would amount to more than 10 percent of the agreed price, the Passenger has the right to terminate the contract without obligation to compensate the damage. The Traveler is obliged to notify the Agency in writing of the termination of the contract within 2 days of receiving the notification, otherwise it is considered that he agrees with the price change.
If price changes have caused price reductions, the Agency will refund the difference to the Passenger up to the previously agreed amount.
6. CATEGORIZATION OF SERVICES
The offered means of transport, 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. Standards of food, means of transport, accommodation and other services in different places and countries are different and not comparable.
The Agency does not take responsibility for any oral or written information that is not in accordance with the description of services in the program and the General Terms, and which information the Traveler receives orally from the point of sale, by phone, in writing from an unauthorized person or otherwise.
The schedule of accommodation in accommodation units is determined by the reception, the owner or another responsible person in the place of residence.
7. MINIMUM NUMBER OF PASSENGERS AND CANCELLATION OF A RESERVATION BY THE AGENCY
The minimum number of registered passengers is highlighted in the programs separately for each trip, trip and accommodation facility. In case of insufficiently registered number of passengers specified in the program and the 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 until then, 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 immediately notify the Traveler of any changes to the travel and excursion program.
The agency may cancel a trip, excursion or accommodation at any time if before the start or during the trip or excursion extraordinary circumstances occur which cannot be prevented, avoided or eliminated (war, riots, strikes, terrorist actions, natural disasters, outbreaks of infectious diseases pandemics, etc.), then the Traveler acquires the right to a refund of 100% paid program price, without obligation to compensate damages.
In case of cancellation of the departure, the Agency may offer the Traveler another day of departure or another alternative program. The passenger must state without delay whether he accepts or rejects the replacement program. If the passenger refuses the changes or ignores the offer of the Agency, then the contract is terminated and the passenger is entitled to a refund of the price paid until then without the right to compensation and any insurance costs and similar costs. In case of acceptance of the changed day of departure, the Traveler has no claims against the Agency or the service provider or organizer from any legal basis, except the right to a refund of part of the price, if the alternative program has a lower price.
8. CANCELLATION OF THE RESERVATION BY THE PASSENGER
If the Traveler wants to cancel a certain program or accommodation, he must do so in writing (e-mail). The passenger may terminate the travel contract at any time by drinking the start of the trip.
In that case, the Agency represents the basis for the calculation of cancellation costs (unless otherwise stated in the Contract) in the amount that depends on the date of cancellation of the reservation as follows:
- For excursions: up to 48 hours before the start of the excursion, the full amount is refunded to the passenger, otherwise the Agency retains the entire amount.
- For travel:
No fee is charged up to 15 days before departure
14 - 7 days before departure 30% will be charged from the total amount (advance payment)
6 or less days before departure, the Agency retains the full amount
- For accommodation units:
45-15 days before arrival 40% will be charged for the total amount
14-7 days before arrival 80% will be charged for the total amount
6 days or less before arrival the Agency retains the full amount
According to the above, the Agency will make all refunds to the Traveler, less the appropriate fee for termination of the contract, without undue delay, and no later than 14 days from the termination of the travel contract.
Passengers who do not arrive ("no show") at the place of departure at the time indicated 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 Passenger, unless otherwise expressly stated in the program and contract.
The Agency may 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 that case the Traveler acquires the right to a refund of 100% of the paid price.
In case of extraordinary circumstances which could not be avoided, which occurred at the destination or in its immediate vicinity and which significantly affect the fulfillment of the package arrangement or which significantly affect the transport of passengers to the destination, the Passenger has the right to terminate the package travel contract before the start of the package without payment of any termination fee. 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 (Law on the provision of services in tourism, Article 37, paragraphs 6 and 7).
If the Traveler terminates the contract after the start of the trip, travel 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 agreed price.
9. OBLIGATIONS OF THE AGENCY
The Agency is obliged to provide the Traveler with services that have the content and properties specified in the promotional material and the Travel Agreement, in accordance with business practices in this activity, and the Traveler undertakes to pay the Agency the specified amount of program or service within the period specified 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 shall be liable for any damage caused to the passenger by non-fulfillment, partial fulfillment or improper fulfillment of obligations related to the organization of travel in a package deal by the Agency.
The Agency is obliged to provide assistance if the passenger finds himself in difficulties of unavoidable extraordinary circumstances and it is not possible to ensure the return of the passenger. The Agency is obliged to bear the costs of emergency accommodation up to three nights per passenger, if possible in an equivalent accommodation category. If the Traveler caused the difficulty intentionally or negligently, the organizer may charge a reasonable fee for assistance, which may not 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 appropriate information on health services, local authorities and in finding alternative programs.
Your privacy is important to us, so we strive for clear information about the collection, use, processing of your personal data and information with whom we share your personal information when using the services.
The Agency undertakes to keep, as a business secret, everything it has learned about the Traveler (his personal data such as: name and surname, his address and place of residence, OIB, place and time of travel, stay, price paid, names of his companions, as well as additional notes that the Traveler himself points out) and will not, except with the approval of the Traveler and cases prescribed by law, make available to third parties that are not related to the execution of the program or use for marketing purposes.
The passenger gives his personal data voluntarily and when confirming the reservation he agrees that his personal data is used for the purpose of booking and realization of the program. All user data is strictly kept and is only available to employees who need this data to do the job. The Agency explicitly states what information is required to make reservations and programs. We undertake to provide the protection of Passenger data, by collecting only the basic data necessary to meet our obligations. We inform passengers about how to use the collected data, we regularly give customers a choice about the use of their data, including the ability 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 respecting the principles of privacy protection.
11. OBLIGATIONS OF PASSENGERS
The traveler is obliged to inform the Agency about all facts regarding his health, habits, etc., which could jeopardize the travel and / or excursions (if for health and other reasons he asks for a certain type of food, suffers from chronic diseases, allergies, etc.) ). The programs contain special notes that you need to know before confirming the reservation.
We recommend paying for a health insurance policy in case of traveling abroad.
At the request of the Agency, the traveler is obliged to submit in a timely manner all the information necessary for the organization and execution of excursions, package travel and reservation of accommodation.
The passenger is obliged to ensure that his documents and belongings meet the requirements set by the Agency regarding the storage of his personal documents and luggage. The costs of loss or theft of documents during the trip shall be borne by the Traveler.
The passenger is obliged to adhere to the travel program and house rules in catering and accommodation facilities and in means of transport, and to cooperate with service providers in good faith. In case of non-compliance with these obligations, the Agency removes all liability for the damage caused, and the Traveler pays it at the scene.
During the trip, the passenger is obliged to adhere to the rules of personal safety that would be used by every average person. The agency is not responsible for the actions of the passenger concerning his personal responsibility.
The traveler is obliged, in writing or in another appropriate form, to inform the Agency or the person who provided the service about the non-fulfillment or irregular fulfillment of any service from the contract as soon as possible, and the travel organizer within 8 days from the end of the trip.
The Agency is not responsible for the transport of luggage, and is not responsible for destroyed or lost luggage, as well as for theft of luggage or valuables during travel, excursions and stays in the accommodation facility. Reports for lost luggage are sent by the Traveler to the service provider or in the accommodation facility.
12. PASSENGER REPLACEMENT
If the passenger is prevented from starting the journey, then he may order a third person to use the travel services instead if he has notified the Agency in writing. The Agency will accept a third person appointed as a substitute passenger, if the third person meets all the prescribed conditions for travel and enter into a Travel Contract. The replaced and the new passenger are jointly and severally liable for the payment of the price and costs caused by the replacement.
A passenger who is prevented from starting a trip must notify the Agency no later than seven days before the start of the trip, excursion or arrival at the accommodation facility.
In situations of extraordinary circumstances, A passenger who is prevented from starting the journey may notify the Agency of the change of passengers immediately before departure for the trip, excursion or arrival at the accommodation facility.
13. YOUNG TRAVELER
A minor traveler is any person under the age of 18.
A minor traveler may participate in excursions, travel and stay in the accommodation facility accompanied by a parent or guardian or other responsible person. If a minor participates and uses the services of the Agency without the simultaneous presence of a parent / guardian or other responsible person, he must submit to the Agency and have a written consent signed by a parent, guardian or other responsible person. By signing the contract, the contractor - the parent of the minor child - passenger also confirms that the other parent is aware of and explicitly agrees with these General Terms and Conditions and the contract, for which he is materially and criminally liable.
Alcohol and tastings involving alcohol are not served to underage travelers.
14. AGENCY AS AN INTERMEDIARY
These General Terms and Conditions apply to all programs where the Agency is the main organizer, except in the case where the Agency acts as an authorized intermediary or is not the main organizer of the program. The Agency will inform the Traveler with a contract in which it will be specified whether he acts as a responsible organizer or an intermediary.
In the case of mediation in these services, the general conditions of the responsible organizer apply and the Agency is not responsible for the implementation of services of other organizers.
When the Agency acts as an intermediary, it consciously chooses a third party or organizer or provider of services provided by the program and is responsible for its selection.
15. TRAVEL INSURANCE
Pursuant to the Law on the Provision of Tourism Services, the agency's staff is obliged to offer the traveler a "package" of travel insurance that includes health insurance, insurance against accidents and illness on the trip, assistance and return costs, insurance against damage and loss of luggage and insurance against cancellation is not included in the price of services. By accepting these General Terms and Conditions and signing the contract, the Traveler confirms that he has been offered a travel insurance package.
In the event that the Traveler requires these insurances, they can be contracted directly with one of the insurers or with the Agency, where the Agency participates only as an intermediary.
If the Traveler, when applying for a trip, anticipates that due to certain situations he would have to cancel the trip, we recommend paying the cancellation insurance policy. Cancellation insurance cannot be paid later but only when applying for a trip. Cancellation insurance is valid only in the following cases, with mandatory written confirmation: military service, illness, death in the immediate family. In that case, the Agency will pay the Traveler the full amount paid for the arrangement.
If the Traveler does not have a contracted cancellation insurance, and must cancel the trip, the Agency reserves the right to payment according to the rules set out in point 8 of these Terms and Conditions.
16. RESOLUTION OF COMPLAINTS
If the Traveler during the trip raises a complaint due to non-fulfillment or improper fulfillment of any of the contracted services, he is obliged to follow the instructions of the organizer / service provider on the procedure and cooperate with the travel companion to eliminate the cause of the complaint. If this is not possible, the Traveler is obliged to draw up a written confirmation with the travel companion that the cause of the complaint could not be eliminated and upon return from the trip to submit a complaint to the Agency within 8 days. The Agency will resolve only those complaints for which the passenger submits proof that he sent a written complaint to the service provider on the spot and that the cause could not be remedied on the spot.
The Agency reserves the right to reject group complaints, complaints that do not arrive on time, and those for which it is determined that the cause could be eliminated at the place of service, and the Traveler did not cooperate with the travel companion.
Pursuant to Article 6 of the Tourism Services Act and Article 10, paragraph 2 of the Consumer Protection Act, the Traveler may submit his possible dissatisfaction with the service provided by the Agency or in special cases by the service provider in writing to the following addresses:
- Email: firstname.lastname@example.org
- Work address: Kamanje 106, 47 282 Kamanje
The Agency will respond to the written complaint of the Traveler in writing no later than 15 days from the day of receipt of the complaint. The passenger is obliged to state the contact address for the delivery of the answer in his complaint.
The Agency may postpone the deadline for resolving the complaint for another 15 days due to the collection of information and verification of the allegations of the complaint with the provider or service organizer. The traveler waives the mediation of any other institution or court until the Agency makes a decision, and a total of a maximum of 30 days from the filing of a written complaint. During this time, the passenger also waives the provision of information in the media and the media. Also, in the stated period of 30 days, the Traveler waives the right to sue.
The proportional reduction of the price per complaint may reach the amount of the unused part of the services, and the compensation for damage caused by non-fulfillment, partial fulfillment or irregular fulfillment of obligations is limited to the amount of the program price. This excludes the Passenger's right to compensation for actual damage.
In case of a dispute, the jurisdiction of the law and the jurisdiction of the court according to the seat of the travel agency of the organizer or service provider are entered.
17. CONCLUDING REMARKS
These General Terms and Conditions are an integral part of the Agreement concluded by the Agency with the Passenger. Possible deviations from these General Terms and Conditions must be stated in the Agreement. These General Business Rules are valid from the day of publication and are the basis of the Agency's business practices.
By purchasing the trip, the Traveler voluntarily makes personal data available to the Agency and allows it to be used in order to implement the trip and protect the interests of the Traveler in all matters related to the contracted trip, excursion and accommodation. The same includes the transmission of personal data to third parties (service provider, travel companion, tourist guide, accommodation facilities, etc.) that are necessary for the implementation of the contracted program.
The information on this site and in these General Terms and Conditions is considered correct at the time of entry. All data will be reviewed regularly, and any errors will be rectified immediately. The Agency reserves the right to change the data on this site without special notice.
Official site (www.misterion-riviera.com) Agencies may contain links to sites of other companies or organizations. The links are for your information only, and the Agency is not responsible for the accuracy of the information or the content of those pages.
By confirming the reservation, the Traveler confirms that he is familiar with the General Terms and Conditions and agrees to abide by the above rules.
Release Date: 01.06.2020.
Responsible organizer and authorized intermediary:
Misterion Riviera Ltd.
Kamanje 106, 47 282 Kamanje, Croatia