TERMS OF SERVICE
TERMS OF SERVICE
(IN THE REST OF THE TEXT: "Terms and Conditions")
The subject of these Terms and Conditions is the regulation of mutual relations between CRES MOMENTUM d.o.o., Grabar 42, 51557 Cres called CRES FUN & MORE (hereinafter referred to as AGENCY) and the GUEST, i.e., the contractor in case signing up for the tours on behalf of someone else as guest (hereinafter referred to as GUEST).
1. Tour organizer
The tour organizer is the travel agency clearly indicated on the Certificate of purchase (ticket / invoice) as the responsible organizer (hereinafter referred to as Organizer). If another travel agency or direct service provider other than the Agency is designated as the organizer of the tour, the Agency acts as an authorized intermediary. The point of sale is considered to be the travel agency to which the tourist paid.
2. Purchase and payment
By paying the price of the tour, while providing the necessary information to the Agency in person, by e-mail, mail phone or via the Internet, the Guest concludes a Tour Agreement with the Agency consisting of a Certificate of Purchase (ticket / invoice), tour program and accepting these Terms and Conditions. Unless otherwise stated in the program, the Guest is obliged to pay the total price of the tour no later than 24 hours before the departure date.
In case the Guest buys a tour whose departure is in less than 24 hours, he/she immediately pays the total price of the tour.
3. Included services
The tour price includes everything that is stated in the program. Certain special and additional services (transfers, additional meals, drinks, tickets, tips, etc.) that are not included in the published price of the tour, and the Agency can provide them and include them in the Contract, the Guest pays separately. If the price of any of the requested services that the Agency can provide is not specified in the program, the Agency will inform the Guest about the price before concluding the Contract. For special and additional services that the Agency cannot provide and include in the Contract and / or those that the Guest requests during the tour and pays on the spot at the direct service provider, the Agency is not responsible as the tour organizer regardless of the assistance provided by the Agency representative. For services paid on the spot, the Guest submits a possible complaint directly to the service provider. The Agency will inform the Guest in a timely manner about the existence, amount, as well as about possible changes regarding the collection of these fees.
4. Description of services
The offered restaurants, means of transport and other services are described according to the official categorization of the local tourist organization or other local governmental institution. The Agency does not take responsibility for any oral or written information that is not in accordance with the description of services in the tour program and the Terms and Conditions received in person, by phone or in writing from employees of the partner's point of sale or from an unauthorized person. The Agency is also not responsible for any errors in the promotional materials (printed or web materials) of partners who also sell the Agency's excursions.
The tour program (itinerary) is equally binding for the Guest and the Agency. The Guest agrees to adhere to departure times indicated in the tour program as well as instructions and information regarding the tour itinerary provided by the representative of the Agency, i.e. the guide. If the Guest separates from the group before he / she has received the appropriate notification about the time and place of the group reunion and the continuation of the tour, he / she cannot charge the Agency for the costs and possible damage he / she may suffer.
The Agency reserves the right to continue the tour without Guests who do not show up on time at the place of departure or continuation of the tour, and the Guest's absence will be considered a cancellation of the tour. The Agency does not bear any responsibility if some activities and contents that depend on weather conditions and natural phenomena cannot be realized in accordance with the tour program or the expectations of the Guest.
In addition, the Agency does not bear any responsibility if due to bad weather (rough seas, heavy rainfall, etc.) is impossible to perform all the activities according to the excursion program, to change the order or duration of individual activities listed in the tour.
6. Tour prices
Tour prices are published in the tour program and are valid from the day the program is published. The Agency reserves the right to change the price no later than 7 days before the start of the tour if there are changes in applicable tax regulations, changes in the exchange rate, increase transportation costs, including fuel costs or increase fees for certain services that affect the price of the tour. In case of a smaller number of registered persons than the minimum required for the tour, the Agency may propose a change in price or cancel the tour with a refund to the Guest in the amount paid for the tour. In case of price increase, the Guest has the right to terminate the tour contract. In that case, the Guest is eligible for a refund of the price paid for the tour without the right to further compensations of possible insurance and similar costs.
7. Change in itinerary and tour cancellations
The Agency will immediately inform the guest about any changes in the tour itinerary. The Agency may cancel the tour or make changes to the itinerary at any time if before the starts or during the tour may there be extraordinary circumstances that cannot be prevented, avoided or eliminated (war, riots, epidemics, strikes, terrorist acts, sanitation, natural disasters, traffic accidents, sudden and unusual traffic jams, interventions of the competent authorities, sudden changes of timetables, delays of means of transport, weather troubles, etc.).
The Agency reserves the right to change the day and time of departure due to a change of timetable or other circumstances, as well as the right to change the direction of the tour due to above mentioned circumstances, according to local passenger traffic regulations, without compensation to the Guest. The Agency reserves the right to cancel the tour in whole or in part if minimum number of Guests did not sign up for the specific tour. In these cases, the Guest is eligible for a refund of the price paid for the tour without the right to further compensations of possible insurance and similar costs.
In case of cancellation of the tour, the Agency may offer the Guest another day of departure or offer another tour. The guest must state without delay whether he accepts or refuses the modified or replacement tour. If the Guest refuses the changes and the replacement tour or ignores the offer of the Agency, then the contract is terminated, and the Guest has the right to a refund of the price paid for the tour without the right to further compensations of possible insurance and similar costs.
In case of acceptance of the amended contract or replacement tour, the Guest has no claims against the Agency or intermediary on any legal basis, except the right to a partial refund, if the replacement tour has a lower price.
8. Cancellation policy
Should the Guest cancel the tour, unless otherwise stated in the tour description, the Agency applies the following cancellation policy:
Cancellation of the tour up to a maximum of 2 days before the tour - refund in full
Cancellation 1 days before the tour - The agency retains 50% of the paid amount
Cancellation on the day of the tour and no show - the Agency retains 100% of the paid amount
If the cancellation caused damages greater than the amounts indicated above, the Agency reserves the right to charge them in the maximum amount of 100% of the price of the tour. The stated cancellation costs also apply to changes in the departure date and to all other significant changes made by the Guest, unless explicitly stated otherwise in the tour program description.
9. Personal documents and personal safety
When going on a tour, the Guest is obliged to have a Certificate of purchase and ensure that he personally, his documents, personal belongings and equipment meet the conditions of the tour determined by the Agency. If the Guest does not have adequate equipment needed to participate in the tour, the Agency reserves the right not to take the Guest on a tour and collect damages as determined by these Terms and Conditions.
The guest is also obliged to adhere to the house rules in restaurants/bars and transportation services and to cooperate with the Agency's representative service providers in good faith. In case of non-compliance with these obligations, the Agency will not be held responsible for the damages caused, and the Guest pays them on the spot.
During the tour, the Guest 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 Guest concerning his personal responsibility. The costs of losing or theft of personal documents during the tour are borne by the Guest. Provided that this does not affect tour program and does not create additional costs to the Agency, the Agency representative will provide personal assistance to the Guest in formalities related to contacts with local authorities, consular offices, health facilities and the like. In all other cases, the Guest is obliged to solve such formalities personally and at his own expense. The Agency cannot be charged for the costs and possible damage that the Guest may incur on that basis.
The guest is obliged to inform the Agency in a timely manner about all health issues, habits, etc. that could influence the tour (health problems that require a special diet, chronic diseases, allergies, etc.).
10. Guest substitution
If the Guest is prevented from starting the tour, then he/she can appoint a third person as a substitute passenger to participate in the tour instead and is obliged to inform the Agency in a timely manner. The Agency will accept a third person appointed as a replacement passenger if notified in a timely manner, if the third person meets all the conditions for the tour, if there are no legal or other obstacles that prevent the replacement of guests and if it is possible to change the reservation. Before the start of the tour, the third person or the Guest is obliged to reimburse the Agency for any additional costs caused by the replacement of guests.
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 the tour. Guest are obliged to take care of their belongings and take them with them at all times, and he is responsible for theft, loss or damage of things left in the cabin of the vehicle or without the supervision of the Guest.
If the Guest raises a complaint during the tour due to non-fulfilment or improper fulfilment of some of the contracted services, he/she is obliged to follow the instructions of the tour organizer / service provider on the procedure and cooperate with the representative of the tour organizer / service provider to eliminate the cause.
In case of non-fulfilment or irregular fulfilment of services from the contracted tour organized by the Agency, the Guest may initiate a complaint procedure prescribed by these General Terms and Conditions in order to eliminate the observed irregularities. The Guest is obliged to file a complaint for inappropriate service to the person who provided this service in the presence of a representative of the Agency. The guest is obliged to cooperate with the representative of the Agency and the service provider in good faith to eliminate the causes of the complaint. If the Guest does not accept the offered solution of the complaint on the spot, which corresponds to the contracted service, the Agency does not have to accept the subsequent complaint of the Guest.
No later than 8 days after returning from the tour, the Guest can submit a written complaint to the point of sale where the tour was booked. The Guest is obliged to explain and present the allegations of the complaint. The Agency will resolve only fully documented complaints received within the specified period of 8 days and make a written decision on the Guest's complaint within 15 days of receiving the complaint. The Agency may postpone the deadline for another 15 days due to the collection of information and verification of the allegations of the complaint with the service provider.
Until the Agency makes a decision and a total of a maximum of 30 days from the filing of a written complaint, the Guest waives the mediation of any other institution or court and waives the provision of information to the media. Also, in the stated period of 30 days, the Guest 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-fulfilment, partial fulfilment, or irregular fulfilment of obligations is limited to the amount of the tour price. This excludes the right of the Guest to compensation for actual damage.
Each Guest submits a complaint separately. The Organizer 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 Guest did not cooperate with the representative of the organizer.
13. Tours by third party suppliers
These General Terms and Conditions apply to all tours where the Agency is the main organizer, except in the case where the Agency is an intermediary or not the main organizer of the tour. Such tours will be specially marked and the general conditions of the third party supplier apply to those tours. The Agency is not responsible for any issues that might arise during such tours.
The price of the tour organized by the Agency includes insurance against the risk of an accident (death, disability). In order for the Guest to exercise the right to insurance, he must submit to the Agency the personal data required by the Insurer for the insurance policy before the start of the tour.
15. Personal data protection
By purchasing the tour, the Guest voluntarily makes personal data available to the tour organizer / intermediary and allows them to be used in order to implement the trip and protect the interests of the Guest in all matters related to the contracted tour / service. The same includes the transfer of personal data to third parties that are necessary for the realization of the contracted tour / service. Personal data can be used for further mutual communication and for delivery of marketing messages of the Agency if the Guest has signed up and agreed to receive this type of notification. The Agency undertakes to store personal data in a database, in accordance with the decision of the Agency on the manner of collecting, processing and storing personal data.
16. Final provisions
This edition of the General Terms and Conditions excludes all previous editions. Possible / anticipated deviations from these General Terms and Conditions must be stated in the text of the tour program. By purchasing the tour, the Guest who is the parent of a minor child – passenger also confirms that the other parent is familiar with and expressly agrees with the Tour Agreement, for which he/she is materially and criminally liable.
In case of disputes, the Guest and the Agency undertake to try to resolve them amicably. If it is determined that there is no possibility of a peaceful settlement, the case will be referred to the appropriate court in Rijeka, and Croatian law will apply.
In Cres, May 25, 2021.
CRES MOMENTUM d.o.o., Grabar 42, 51557 Cres, Croatia