GENERAL TERMS AND CONDITIONS OF THE TRAVEL AGENCY RECIDER PROJEKT d.o.o.

1. GENERAL PROVISIONS

These General Terms and Conditions (hereinafter: General Terms) form an integral part of the Package Travel Contract (hereinafter: the Contract) concluded between the Agency as the travel organizer on the one hand and the Travel Contracting Party (hereinafter: the Contracting Party) on the other.

In addition to these General Terms, the Travel Program for the package (hereinafter: the Travel Program) is also an integral part of the Contract. When indicated by the Contract and/or the Travel Program, the Special Terms and Conditions (hereinafter: Special Terms) shall also form an integral part of the Contract alongside these General Terms.

In the event that any provision of the Contract and/or the Travel Program and/or the Special Terms differs from any clause in these General Terms, the hierarchy of enforceability is as follows: (1) the provisions of the Contract, (2) then the Travel Program, (3) then the Special Terms, and (4) finally the General Terms.

These General Terms apply only to package travel arrangements organized by the Agency as the organizer. They do not apply if the Agency is mediating and/or selling services of other travel agencies. In such cases of mediation and/or sale of services of other travel agencies, the responsible tour organizer will be indicated in the Contract, and the general terms of that organizer, which the Agency will make available to the Contracting Party, will apply. It shall be deemed that the Agency’s General Terms apply if it is not otherwise specified in the Contract.

Any terms in these General Terms that carry gender-specific meaning apply equally to the feminine and masculine forms. All expressions used in these General Terms apply both to the singular and plural forms of those terms. The meaning of individual expressions as defined herein also applies when those expressions are used in other documents and/or instruments of the Agency, unless otherwise specified in such documents and/or instruments.

2. DEFINITIONS AND MEANING OF BASIC TERMS

Certain terms used in these General Terms have the following meaning:

• “Agency” means the travel agency Recider projekt d.o.o., Rapska 44, Zagreb, Croatia, registered in the court register of the Commercial Court in Zagreb under Company Reg. No. (MBS): 080952178, OIB: 54368705881.
• “Law” means the Act on the Provision of Tourism Services (Official Gazette NN 130/17, 25/19, 98/19, 42/20, 70/21).
• “Travel Program” means the document forming an integral part of the Contract, containing the pre-contractual information for package travel arrangements, in particular from Art. 29, para. 1, items a), c), d), e), and g) of the Law. The Travel Program may also include additional information that the Agency deems useful.
• “Contracting Party” means any entity that intends to conclude and/or has concluded a Contract with the Agency for its own benefit and/or for the benefit of one or more Travelers.
• “Traveler” means any person who, by virtue of the concluded Contract, obtains the right to travel under that contract.
• “General Terms” refer to these General Terms and mean the set of pre-established business conditions that apply to the Agency’s package travel arrangements.
• “Special Terms” means a set of pre-established business conditions which, alongside the General Terms, apply to the Agency’s package travel arrangements regarding travel to specific destinations and/or particular types of travel, provided that their application was indicated in advance by the Travel Program and/or the Contract.

The date on which any notice/information that must be received by the Agency is delivered/received shall be considered exclusively the date when the Agency receives the notice/information in writing or by using other means with the character of a durable data carrier. If the Contracting Party sends a notice/information by postal service, the written form must be delivered by registered mail with acknowledgment of receipt.

The terms used in these General Terms have the meaning established by the Law and/or are interpreted in accordance with the Law, unless expressly stated otherwise in these General Terms.

3. TRAVEL PROGRAM

As the travel organizer, the Agency guarantees the implementation of the Travel Program as described in the program published on the website www.culsperience.com. The Agency will fully and precisely carry out the content of the travel program except in cases of extraordinary circumstances (for example, but not limited to, war, unrest, strikes, terrorist activities, health crises, natural disasters, traffic accidents, sudden and unusual traffic disruptions, interventions by competent authorities, situations beyond the Agency’s control, disruptions to schedules and delays in modes of transportation, adverse weather conditions, epidemics, pandemics, etc.). In exceptional cases, certain destinations require adjustments and on-the-spot improvisations; therefore, the implemented Travel Program may differ from the published version.

Unless otherwise specified, any conditions mentioned in the Travel Program regarding regulations on travel documents, visas, foreign exchange, border, customs, health regulations, etc., apply exclusively to Croatian nationals. Nationals of other countries may travel with the Agency under the conditions prescribed by the relevant countries of departure, transit, and destination, taking into account their own citizenship status. Prior to booking a package trip, foreign nationals must check all travel requirements.

4. BOOKING AND CONCLUDING THE CONTRACT

The Contracting Party may submit an inquiry and/or booking request for the Agency’s package tour offer via the website culsperience.com, by email, or by phone. When requesting a booking for a package, the Contracting Party must provide the Agency with accurate details and attach the Contracting Party’s/Travelers’ documents needed for organizing and carrying out the trip. The submitted data and documents must match the valid personal documents that the Contracting Party/Travelers will use during the trip. The Agency is not responsible for receiving, using, or forwarding incorrect or incomplete information and/or documents. A Contracting Party that does not provide the Agency with correct and/or complete information and/or documents for itself or its Travelers upon booking is liable for all consequences and costs arising from the use of such incorrect and/or incomplete information and/or documents. If incorrect or incomplete information and/or documents are submitted, the Agency may terminate the Contract as if the Contracting Party itself terminated it, and demand payment for all incurred costs and damages. If the Contracting Party fails to provide information and/or documents in accordance with the terms and deadlines set out in the Contract, it shall be considered that the Contracting Party has terminated the Contract, in which case the provisions on termination by the Contracting Party apply. In the event of any change in the Contracting Party’s/Traveler’s data necessary for organizing and conducting the trip and/or in the documents the Contracting Party/Traveler will use for the trip, the Contracting Party must promptly inform the Agency of the new data and/or documents. Otherwise, it shall be deemed that incorrect data and/or documents have been submitted, and the rules for submission of incorrect data and/or documents shall apply.

Upon the booking request for a package arrangement, the Contracting Party and the Agency will conclude the Contract, which also serves as confirmation of the booking. The Contract is considered concluded when both the Contracting Party and the Agency sign it or otherwise clearly and unambiguously confirm their consent by means of a durable data carrier (through the culsperience.com website, email, providing a credit card number, payment to the bank account, etc.). The Contract will have legal effect and be binding on the Agency only if and when the Agency receives on its business account, within the timeframe specified by the Agency’s offer, the deposit amount specified by the Travel Program, or at least 35% of the booking value if not specified in the Travel Program. If the Contracting Party does not pay the deposit according to the issued offer and the indicated conditions, it shall be considered that they have canceled the booking request for the package arrangement.

By concluding the Contract, the Contracting Party confirms having been fully informed of all the features of the selected trip and that they fully understand and accept the Contract, the Travel Program, the Special Terms (if applicable), and these General Terms. If the Contracting Party is booking a trip for other Travelers, by concluding the Contract they confirm having fully informed those Travelers of the aforementioned and guarantees that they fully understand and accept the Contract, the Travel Program, the Special Terms (if applicable), and these General Terms. The Contracting Party undertakes to provide all additional information received from the Agency in subsequent communication to the Travelers.

The Contracting Party must pay the remaining amount of the total package cost to the Agency no later than 15 days before the start date of the trip, unless otherwise specified in the Contract. If the remaining amount of the package is not paid by the due date, it shall be deemed that the Contracting Party has terminated the Contract, which results in their obligation to pay the agreed termination fee.

Unless otherwise specified, the Agency may charge a fee for creating an offer for individual travel inquiries. If the Contracting Party accepts the offer, the charged amount will be deducted from the total package price. If the Contracting Party does not accept the prepared offer, the Agency will retain the charged amount to cover the offer preparation costs.

5. PAYMENT

Unless otherwise specified by the Contract, Travel Program, and/or Special Terms (if applicable), the Contracting Party may pay for the Agency’s services via bank transfer to the Agency’s business account. All expenses, fees, and commissions arising from the payment process are borne by the Contracting Party. The date of payment is deemed to be the date the Contracting Party’s payment is recorded in the Agency’s business account.

Proper and timely payment of all costs in accordance with the Contract, the Travel Program, any applicable Special Terms, and/or these General Terms ensures the Contracting Party/Traveler a place on the selected trip. Failure to meet this obligation will be deemed a termination of the Contract by the Contracting Party, and the provisions on termination by the Contracting Party shall apply.

6. PRICE AND CONTENT OF THE PACKAGE

The package price is determined by the Travel Program and stated in the Contract, and it includes Agency services listed under the heading “The Package Price Includes” in the Travel Program. The prices of the services under the heading “Mandatory Surcharge” must always be added to the package price.

Unless otherwise agreed, the package price does not include additional services, such as optional (non-mandatory) excursions and visits, entrance fees, the costs of obtaining and issuing visas, vaccination costs and/or test fees and/or additional documentation required for entering, staying in, or leaving a particular country, travel-related insurance (travel insurance), any kind of special service (single room, special meals, etc.), or any other services for which it is stated in the Travel Program that they are not included in the package price. Such additional and/or special services selected by the Contracting Party/Traveler must be paid for separately to the Agency at the stated price.

The package prices are shown in the currency used in the Republic of Croatia and are calculated according to the costs of services in reference currencies at the middle exchange rate of the Agency’s business bank on a specific date. The package prices are valid from the date the Travel Program is published.

The prices listed in the Travel Program are based on prices agreed between the Agency and its service providers and may therefore differ from the prices published at the destination itself. The Agency is not obliged to explain the costs and calculation methods of the price of individual services.

By concluding the Contract, the Contracting Party acknowledges that the package price may differ for other Contracting Parties if the Agency introduces promotions or discount actions aimed at increasing sales and filling available spots (e.g., “First Minute,” “Last Minute,” etc.). A Contracting Party who has paid the full package price has no right to a refund of the price difference if a promotional price is offered later.

All applicable discounts are expressly stated in the Contract. Any potential discounts and benefits are mutually exclusive and are not cumulative; the Contracting Party may choose whichever discount or benefit suits them best, provided that they meet the respective conditions. A discount is applied only to the portion of the price excluding mandatory or additional surcharges, i.e., excluding residence taxes, airport taxes, port fees, or similar, and excluding additional or special services (meals, excursions, transportation, etc.).

The Agency does not refund the Contracting Party/Traveler for any agreed-upon service that the Contracting Party/Traveler chose not to use or failed to use for any reason.

After the Contract has been concluded, the Agency may increase the agreed price up to 20 days before the trip if the price increase is a direct result of changes in the following:

• The cost of passenger transportation resulting from fuel or other energy sources
• Taxes or fees related to travel services covered by the contract imposed by third parties not directly involved in the performance of the package (including tourist taxes, landing fees, or embarkation/disembarkation charges in ports and airports)
• Exchange rates relevant to the package
• The cost of accommodation, meals, and/or other services

Any increase in cost will be calculated in the same percentage as the change in these calculative elements. If the increase in the agreed total package price is up to 8%, the Agency may do so unilaterally but will notify the Contracting Party by means of a durable data carrier, in a clear and understandable manner, explaining and calculating the increase.

The Contracting Party is entitled to a price reduction corresponding to any decrease in the above cost factors related to which a price increase could have been demanded, occurring after the Contract is concluded and before the start of the package. In the case of a price reduction, the Agency is entitled to deduct any actual administrative expenses from the refund due to the Contracting Party.

If the increase in the agreed total package price exceeds 8%, the Contracting Party has the right to terminate the Contract. In such a case, the Contracting Party is entitled to a refund of the paid amount without any right to compensation for damages and any costs for visas, insurance, vaccinations, etc. The Agency will notify the Contracting Party in writing via a durable data carrier of any increase exceeding 8%, in a clear and understandable manner, with an explanation and calculation of the increase, including information that the Contracting Party must, within 2 days of receiving the written notice, notify the Agency in the same manner whether they accept the proposed change or terminate the Contract. If the Contracting Party does not submit a written notice of termination to the Agency within 2 days of receiving the Agency’s notice of the price increase, it shall be deemed that the Contracting Party agrees to the price increase. Airport taxes are subject to change up to the date of ticket issuance.

7. CATEGORIZATION AND CHARACTERISTICS OF SERVICES INCLUDED IN THE PACKAGE

The offered accommodation facilities, restaurants, transportation, and other services featured in the Travel Programs are described according to the official categorization in the destination country, valid at the time of the Travel Program’s publication. The standards of accommodation, meals, transportation, and other services under various service providers are under local jurisdiction, and the standards vary between countries and are not comparable. The Agency does not accept responsibility for any oral or written information not in line with the descriptions of services and facilities in the published Travel Programs, which may be obtained from third parties.

Unless otherwise stated, the package arrangement price includes flight tickets in economy class and accommodation in standard double rooms. The price of each package is per person in a standard double room shared by two people, unless stated otherwise. If not otherwise specified, an individual occupancy of accommodation during the trip is subject to a surcharge.

If the Contracting Party/Traveler has not paid for an accommodation unit with specific characteristics (e.g., sea view, balcony, particular floor, orientation, etc.) at the time of booking, they will be placed in one of the officially registered units for guest accommodation in the facility. The distribution of guests into accommodation units is the exclusive responsibility of the accommodation provider. The Agency may forward requests from the Contracting Party/Traveler to the accommodation provider but does not guarantee or assume liability for their fulfillment.

Single rooms may not match the standard of double rooms. If the Contracting Party/Traveler uses a triple or quadruple room, the accommodation provider generally issues a double room with an extra bed or a room with two double beds to accommodate four persons. The quality of the extra (additional) bed depends entirely on the accommodation provider. Under no circumstance is the Agency liable for the quality of the extra bed, and any dissatisfaction related to this shall not be grounds for a complaint.

Under the rules of air carriers regarding group travel, the Agency cannot check travelers in online for flights. For each trip, the Agency provides the airline with a list of passengers specifying individual pairs within the group, as well as any special requests made by travelers. The Agency is not authorized to decide the seat assignment in the airplane, which is the exclusive responsibility of the airline. If a couple is not seated together, it may be possible to request a seat change during check-in at the airport. The tour leader or another representative of the Agency may assist the traveler in doing so, but the Agency shall not be held responsible in case a change is not possible. The Contracting Party/Traveler may only direct any complaint to the direct service provider, i.e., the airline.

8. ADDITIONAL AND SPECIAL SERVICES

Additional services are services generally not included in the basic package price, such as optional (non-mandatory) excursions and visits, admission tickets, obtaining and/or mediating the procurement of visas and/or other entry, stay, or exit documents required by certain countries, mediating the procurement of travel-related insurance (travel insurance), any kind of special services (single room, special diet, higher accommodation category, etc.). This list is not exhaustive. Unless otherwise specified, additional and/or special services may be booked only in conjunction with the package arrangement.

The Travel Program will specify any additional services that the Agency can provide for the Contracting Party/Traveler for a particular trip, along with their respective prices. Additional services included in the Travel Program may be booked by the Contracting Party at the time of booking the package. Any type of special service (single room, special diet, higher hotel category, etc.) and any services not included in the Travel Program must be requested/checked for availability prior to submitting the package booking request. Unless otherwise specified, the costs of pre-booked additional and special services are paid in accordance with the payment terms and deadlines for the basic package price. Some additional and special services may be payable upon arrival at the destination. Unless otherwise stated, the selection and/or modification and payment of additional services may be made up to 15 days before the start of the trip. The Agency is not responsible for price changes of additional services by the service providers after they have been published in the Travel Program, and reserves the right to adjust them accordingly.

On trips organized by the Agency, the use of services from other unverified local agencies at the destination is not permitted for safety reasons. The Contracting Party/Traveler is solely responsible for any damage and/or costs that may arise from doing so, both to the Agency and other travelers or third parties.

Where the Agency, in the Travel Program or upon the Contracting Party/Traveler’s request made before or during the trip, recommends certain additional services at the destination to be paid locally, the Agency is acting exclusively as an information provider and is neither the organizer nor the intermediary, regardless of any assistance offered by the tour leader or the Agency’s representative. In such cases, the Contracting Party/Traveler can only file a complaint directly with the service provider.

Prior to travel, the Contracting Party will be informed of the prices of all additional services mentioned in the Travel Program. Unless otherwise specified, the Contracting Party/Traveler is free to choose which additional services they want. During free time on the trip, the Contracting Party/Traveler may use that time for their own activities. If, for any reason, the Contracting Party/Traveler wishes to separate from the group, they must inform the tour leader or another Agency representative in advance. If the Contracting Party/Traveler is late for any group arrangement, the tour leader or another representative of the Agency and the group are not required to wait. All consequences arising from the Contracting Party/Traveler’s lateness are their sole responsibility.

Outside the official Travel Program, the tour leader or another Agency representative is not required to spend time with the Contracting Party/Traveler. Notwithstanding this, the tour leader or representative will, in every situation, endeavor to accommodate the Contracting Party/Traveler.

9. TRANSFER OF THE CONTRACT

Before the trip begins, the Contracting Party may transfer the Contract to another Traveler who meets all the conditions applicable to that Contract, under the additional condition that this change is possible and/or permitted by the service providers included in the package. The Contracting Party must notify the Agency in writing, i.e., on a durable data carrier, of the intended contract transfer no later than 15 days before the start of the trip. The Contracting Party and the Traveler to whom the Contract is transferred bear joint and several liability to the Agency for all payments under the Contract, as well as any additional fees, charges, or other costs arising from the transfer. The Agency will inform the Contracting Party and the new Traveler of any such additional fees, charges, and/or costs.

10. CHANGES TO THE CONTRACT/TRAVEL PROGRAM

After concluding the Contract but before the trip begins, the Agency may unilaterally amend the terms of the Contract if it is a minor change, notifying the Contracting Party accordingly via a durable data carrier. A minor change is any change that does not significantly alter the main features of the travel services, does not reduce the quality and/or value of the package, and does not cause significant inconvenience and/or additional costs for the Contracting Party/Traveler.

If, after concluding the Contract but before the trip begins, the Agency is obliged to significantly modify any of the main features of the travel services or cannot fulfill agreed-upon special requirements of the Contracting Party/Traveler, it shall inform the Contracting Party without undue delay via a durable data carrier. The notice will describe the proposed amendments or a possible substitute package arrangement that the Agency can offer the Contracting Party. Unless otherwise stated, the Contracting Party must, within 2 days of receiving such notice, respond in the same manner as it was received, indicating whether they accept the proposed changes or terminate the Contract. If the Contracting Party does not respond within 2 days, it shall be deemed that they accept the changes or any substitute travel arrangement, unless otherwise specified in the notice. If the amendments or substitute travel arrangement result in a higher quality and/or value and/or a higher price or additional costs, the Contracting Party shall cover the price difference. If the amendments or substitute arrangement result in lower quality or cost, the Contracting Party is entitled to an appropriate price reduction. The Contracting Party may terminate the Contract if the changes or the substitute package arrangement are not acceptable. In that event, the Contracting Party is entitled to a refund of the paid amount without any right to damages or reimbursement of visa costs, insurance, vaccinations, etc.

The Agency reserves the right to change the travel dates or hours due to changes in flight schedules or in the event of extraordinary circumstances, as well as the right to alter the itinerary if travel conditions change (flight schedule changes, security issues in a certain country, natural disasters, or other situations beyond the Agency’s control), the right to change the type of aircraft or carrier, all without entitling the Contracting Party/Traveler to damages and/or additional costs and/or a reduction in price, in accordance with the applicable regulations in domestic and international transport. The Agency is not responsible for flight delays, delays of ships, buses, trains, or other transportation means, nor for program changes, unused services, incurred costs, and/or damages caused by such delays. In such a situation, the Contracting Party/Traveler must address any possible complaints or claims directly to the service provider involved. In the event of a delay in a connecting flight that results in missing the main flight, the airline is solely responsible. For any irregularities in air transport, the Agency cannot intervene; the Contracting Party/Traveler must submit claims directly to the airline. If an overbooking occurs on a flight, the Contracting Party/Traveler must cooperate with the airline staff to find a suitable solution, as the airline is solely responsible for such events. The occurrence of any of these situations does not constitute a change of the Travel Program if arrival or return is completed within two days of the scheduled departure or return date, as the first two days and the last two days of travel are exclusively dedicated to transfers, not leisure.

The Agency shall not be liable for any change in the Travel Program resulting from extraordinary circumstances occurring during the trip. In such cases, all additional costs are borne by the Contracting Party/Traveler. Exceptionally, in the event of a change in the Travel Program due to extraordinary circumstances during the trip, the Agency may only be responsible for those incurred costs which the Contract expressly states the Agency will bear in such circumstances. The Contracting Party/Traveler is not entitled to a refund or any compensation for consumed services if there is a change in the Travel Program due to extraordinary circumstances occurring during the trip.

If a necessary change in the Travel Program occurs during the trip that cannot be attributed to extraordinary circumstances, the Contracting Party/Traveler is not entitled to a refund or any compensation for consumed services.

If it is necessary to change the agreed accommodation during the trip, the Agency may, without any obligation and/or liability on its part, replace it with accommodation of the same or higher category at the Agency’s expense. In that event, with regard to the accommodation service, the Contract is considered to have been fulfilled in full. If only accommodation of a lower category is available, the Contracting Party/Traveler is entitled to an appropriate reduction in price (the difference between the agreed accommodation and the replacement accommodation).

The Agency shall have no liability if certain activities and/or features dependent on weather conditions (e.g., lack of snow, sea temperature, rainfall), natural phenomena (e.g., algae blooms, tides, presence of insects, jellyfish, etc.), or the natural behavior of wild animals cannot be carried out to meet the Contracting Party’s/Traveler’s expectations.

The Agency reserves the right, without any limitations or resulting obligations, to rearrange the sequence of scheduled visits at any time during the trip based on the judgment of the tour leader or another Agency representative. The Travel Program is considered fully delivered if carried out by the end of the trip.

11. TERMINATION BY THE CONTRACTING PARTY

From the conclusion of the Contract until the start of the trip, the Contracting Party may terminate the Contract and thus withdraw from the trip. The Contracting Party must provide written notification of termination on a durable data carrier, and the Contract is deemed terminated on the date the Agency receives this written notification.

If the Contracting Party terminates the Contract and withdraws from the trip, the Agency is entitled to charge a standard termination fee, the amount of which is determined by the date on which the Agency received the written termination notice. Unless otherwise specified, the fee schedule is as follows:

Package arrangements:

• Up to 30 days before the start of the package: 40% of the total package price
• 29 to 22 days before the start of the package: 50% of the total package price
• 21 to 15 days before the start of the package: 80% of the total package price
• 14 to 0 days before the start of the package: 100% of the total package price
• No show situation: 100% of the total package price

One-day excursions (excursions outside of the package trip):

• Up to 7 days before the excursion: 50% of the total excursion price
• 6 to 0 days before the excursion: 100% of the total excursion price
• No show situation: full excursion price

Regardless of the above percentages, if the actual costs arising from the Contract termination exceed the stated termination fee, the Agency reserves the right to claim the actual costs incurred. Unless otherwise stated, the above provisions also apply to any change in departure date, accommodation facility, room category, or any other significant changes made by the Contracting Party. The Contracting Party is not entitled to a refund for any visa, insurance, vaccination, etc., costs.

If the Contracting Party/Traveler fails to appear at the agreed place and time on the trip’s start date (“no show”), it shall be deemed that the Contracting Party has terminated the Contract, and the Agency will charge a termination fee of 100% of the package/ excursion price.

The Contracting Party/Traveler has the right to terminate the Contract before the start of the package arrangement without paying any termination fee if extraordinary circumstances that could not be avoided occur at the destination or in its immediate vicinity, significantly affecting the performance of the package or the passenger’s transportation to the destination.

If, during the trip, the Contracting Party/Traveler wishes to withdraw, they may do so by submitting written notification to the Agency. Termination of the Contract takes effect upon the Agency’s receipt of such notification. In that case, the Contracting Party/Traveler is not entitled to any refund, and the Agency will charge 100% of the package/excursion cost. The same policy applies if the Contracting Party/Traveler wishes to change the Travel Program on their own initiative. The Contracting Party/Traveler is solely responsible for any costs and/or damages that may arise, both for the Agency and any other travelers or third parties.

Unless otherwise stated, if an individual reservation (individual trip) is canceled, regardless of the cancellation date and the above percentages, the Contracting Party must pay 100% of the total price of the individual package/excursion.

To reduce the risks and potential consequences of the Contracting Party/Traveler needing to terminate, the Agency advises them to take out travel insurance. If the Contracting Party/Traveler, either independently or via the Agency, buys cancellation insurance from an insurance company, they are entitled to reimbursement of paid amounts from that insurance company in accordance with the insurance policy terms. The Agency specifically emphasizes that, whether the policy is purchased independently or through the Agency, all conditions and deadlines are agreed upon directly between the Contracting Party/Traveler and the insurer, and the Agency bears no responsibility for any claims and/or denial of coverage by the insurance company regarding the Contracting Party/Traveler’s request for payout.

12. TERMINATION BY THE AGENCY

The Agency may terminate the Contract before the start of the trip and refund any payments received for the package to the Contracting Party without any obligation to pay damages or other compensation if the number of persons who signed up for the package is smaller than the minimum number stated in the Travel Program. The Agency will notify the Contracting Party within the deadline specified in the Contract or, if no such deadline is indicated, no later than:

• 20 days before the start of a package lasting more than six days
• 7 days before the start of a package lasting between two and six days
• 48 hours before the start of a package lasting less than two days

If the package does not have the required minimum number of participants, the Agency reserves the right, if the conditions of a specific package arrangement allow, to operate the trip with fewer participants than the specified minimum. If necessary, the Agency will recalculate the price, providing a new price offer to the registered Contracting Parties/Travelers.

The Agency may also terminate the Contract before the start of the package arrangement and refund any payments received to the Contracting Party without any obligation to pay damages or other compensation if unavoidable extraordinary circumstances prevent the Agency from fulfilling the Contract. The Agency will inform the traveler of such circumstances without undue delay. If termination occurs during the trip, the Contracting Party is entitled only to a refund for the unused portion of the contracted services.

In any case of termination by the Agency, the Contracting Party is not entitled to reimbursement for any travel insurance, visa, document-processing fees, vaccinations, tests, money transfer or card payment fees, or any similar expenses.

The Agency may also terminate the Contract during the trip if the Contracting Party/Traveler’s behavior endangers or impedes the regular performance of the Travel Program and/or causes damage to the Agency, service providers, other travelers, or third parties. In such a case, the same terms as the Contracting Party’s termination apply, and the Agency additionally retains the right to claim damages from the Contracting Party/Traveler.

13. AGENCY’S OBLIGATIONS AND RESPONSIBILITIES

GENERAL

The Agency is responsible for executing the Travel Program and for properly performing all travel services agreed in the package arrangement with the Contracting Party. The Agency is liable for any failure to perform, partial performance, or improper performance of a service under the package arrangement, except where the Contract, the Travel Program, the Special Terms, these General Terms, or the relevant regulations indicate that the Agency is not liable.

OBLIGATION TO OFFER INSURANCE

Under the Law, the Agency is required to offer insurance against accidents and illness during travel, loss or damage to luggage, voluntary health insurance for travel and stay abroad, insurance against cancellation of travel, as well as insurance for costs of assistance and repatriation to the place of departure in case of an accident or illness. The Agency must also provide information about the content of these insurances and the general terms of the insurance policy. By paying the deposit, the Contracting Party confirms that the Agency has offered all such insurances, provided information about their content, and presented the general insurance conditions. Unless otherwise stated, the Contracting Party may, upon Contract conclusion, choose to purchase a full travel insurance package (as recommended by the Agency) or just an individual insurance policy.

Unless otherwise stated, insurance policies may be concluded no later than the day before the trip commences, except for cancellation insurance (including travel insurance packages that include cancellation coverage), which must be arranged at the time of concluding the Contract or when purchasing a non-refundable airline ticket. Exceptionally, cancellation insurance can be taken out within 48 hours of concluding the Contract or buying a flight ticket, provided the trip does not start within the next 14 days. If cancellation insurance is concluded after 48 hours from the Contract conclusion or after buying an airline ticket, the insurer is not obliged to pay any claim. These terms and deadlines apply if the Agency acts as an intermediary for the travel insurance. They may differ if the Contracting Party/Traveler arranges travel insurance directly with another insurer.

The Agency particularly emphasizes that all terms and deadlines of the travel insurance package and/or individual insurance policies, whether purchased directly or via the Agency, are agreed directly between the Contracting Party/Traveler and the insurance company, and the Agency assumes no responsibility for any claims or denial of coverage by the insurer regarding a payout request.

CONFIDENTIALITY

The Agency must keep confidential any information about the Contracting Party/Traveler that it learns during its activities. The Agency shall not disclose the Contracting Party/Traveler’s information (address, travel dates, payments, or names of travel companions) without their consent, except where necessary to fulfill the Contract or required by law.

CORRECTING NON-CONFORMITY

If a non-conformity arises in performing travel services under the package arrangement, and the Contracting Party/Traveler promptly requests the Agency to remedy it, the Agency must do so unless it is impossible or would entail disproportionate costs considering the severity of the non-conformity and the value of the travel services. If the Agency does not remedy the non-conformity for these reasons, the Contracting Party/Traveler is entitled to a proportionate price reduction and compensation for any damages. If the Agency fails to correct the non-conformity that it is obligated to correct within a reasonable period set by the Contracting Party/Traveler, the Contracting Party/Traveler may do so themselves and seek reimbursement of the necessary costs. The Contracting Party/Traveler need not set a time limit if the Agency refuses to correct the non-conformity or if immediate action is required.

INABILITY TO PERFORM A SIGNIFICANT PART OF THE TRAVEL SERVICES

If a significant portion of the travel services cannot be provided as agreed in the Contract, the Agency will offer the Contracting Party/Traveler appropriate alternative arrangements to continue the package, if possible of equal or higher quality, at no additional cost. This also applies if the traveler cannot be returned to their place of departure as agreed. If the proposed alternative results in a package of lower quality than originally agreed, the Agency must grant the Contracting Party/Traveler an appropriate price reduction. The Contracting Party/Traveler may reject the proposal only if it is not comparable to the original Contract or if the discount offered is inadequate. If no alternatives can be arranged or if the Contracting Party/Traveler justifiably rejects them, they are entitled, if necessary, to a price reduction and/or compensation for damages without terminating the Contract. If the non-conformity substantially affects the performance of the package, and the Agency fails to remedy it within a reasonable period, the Contracting Party may terminate the Contract without paying a termination fee and may claim, if necessary, a price reduction and/or compensation for damages. If the package includes passenger transportation, the Agency will also arrange repatriation without undue delay, by equivalent transport, at no extra cost to the traveler.

BEARING THE COST OF NECESSARY ACCOMMODATION

If, due to unavoidable extraordinary circumstances, it is impossible to ensure the traveler’s return as stated in the Contract, the Agency shall bear the cost of necessary accommodation, for up to three nights per traveler, if possible of the same category as was included in the Contract. If EU legislation on passenger rights (applicable to the specific transport mode) provides for a longer period, those rules will apply. This limitation on accommodation costs does not apply to persons with reduced mobility as defined in Article 2(a) of Regulation (EC) No. 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when traveling by air (OJ L 204, 26.7.2006), nor to any person accompanying them, nor to pregnant women, unaccompanied minors, or persons requiring special medical help, provided the Agency was notified of such special needs at least 48 hours before the start of the package.

The Agency may invoke unavoidable extraordinary circumstances to limit liability under paragraph 1 of this section if the transport provider can do so under EU legislation.

PRICE REDUCTION AND COMPENSATION

The Contracting Party, in case of any non-conformity, is entitled to an appropriate price reduction and/or compensation for damages, in accordance with the Contract and relevant regulations. The Agency is not liable for non-conformities nor does it incur any additional obligations, consequences, and/or costs if the non-conformity was caused by unavoidable extraordinary circumstances, by a third party unrelated to performing services under the Contract when the non-conformity was unforeseen or unavoidable, or is attributable to the Contracting Party/Traveler themselves. The Contracting Party/Traveler has no right to compensation for lost profit, moral (non-material) damages, or costs arising therefrom.

If international conventions binding on the European Union or regulations based on them limit the scope of compensation payable by a travel service provider that is part of the package or set conditions for claiming such compensation, the same limitations and exclusions apply to the Agency, and the Agency may invoke them in relation to the Contracting Party/Traveler.

A Contracting Party/Traveler’s right to compensation or a price reduction under the Contract and the Law does not affect their rights under:

• Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91
• Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations
• Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers to passengers in the event of accidents at sea
• Regulation (EU) No 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when traveling by sea or inland waterway and amending Regulation (EC) No 2006/2004
• Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport, and amending Regulation (EC) No 2006/2004

The Contracting Party/Traveler may file a request for a price reduction and/or compensation under both the Contract and the Law and under these international conventions and regulations. Any compensation or price reduction they are granted under both sets of rules shall be offset to prevent overcompensation and/or an excessive price reduction.

ASSISTANCE

The Agency will, without undue delay, offer appropriate assistance to a traveler in difficulty, particularly by:

• Providing relevant information about health services, local authorities, and consular assistance
• Helping the traveler with distance communication and arranging alternative travel options

If the traveler caused the difficulty intentionally or through negligence, the Agency may charge a reasonable fee for providing such assistance.

If assistance is provided by the tour leader or another Agency representative, it will be done in such a way as not to disrupt the planned itinerary for other travelers. All costs arising from the assistance are borne by the traveler.

OTHER PROVISIONS

Unless otherwise stated, services provided by the Agency as part of the package will be offered in Croatian or English.

If a minor travels without a parent or legal guardian under a Contract that includes accommodation and involves direct contact with the minor and/or the person responsible for the minor at the place of stay, contact can be made via the Agency’s contact details in the Contract or via the tour leader/other Agency representative responsible for that trip.

14. OBLIGATIONS AND RESPONSIBILITIES OF THE CONTRACTING PARTY AND THE TRAVELER

BOOKING A PACKAGE AND RESPONSIBILITY FOR TRAVELERS

The Contracting Party must inform all Travelers covered by the booking about the Contract, Travel Program, Special Terms (if applicable), and these General Terms. By paying the deposit, the Contracting Party explicitly confirms to the Agency that they have fulfilled this obligation. The Contracting Party must also provide the Travelers with all additional information received subsequently from the Agency. By submitting the booking, the Contracting Party explicitly confirms to the Agency that they are authorized to act on behalf of and for the account of all Travelers included in the booking and that they bear full responsibility toward the Agency for the Travelers’ compliance with the Contract.

Unless otherwise stated, the Contracting Party shall make all payments under the Contract (for all Travelers in the booking). Unless otherwise stated, any payment under the Contract is proportionally allocated as a percentage payment for each Traveler included in the booking. Whenever the Contracting Party makes a statement, warranty, waiver, and/or obligation, it is deemed made on behalf of both themselves and each Traveler in the booking. Whenever a Traveler makes a statement, warranty, waiver, and/or obligation, it is deemed made on behalf of themselves, the Contracting Party who made the booking for them, and, if applicable, all other Travelers in that booking.

Anything applying to the Contracting Party under the Contract also applies appropriately to the Traveler included in the booking, unless otherwise specified.

OBLIGATION TO PROVIDE DATA AND DOCUMENTS

When requesting to book a package, the Contracting Party must submit accurate data and documents for themselves and the Travelers to the Agency, needed to organize and conduct the trip. These must match the valid personal IDs/passports that will be used during the trip. The Agency is not liable for receiving, using, or forwarding incorrect or incomplete data/documents. A Contracting Party who provides incorrect or incomplete data/documents will be responsible for the resulting consequences and costs. In the event that incorrect or incomplete data/documents are submitted, the Agency may terminate the Contract as though the Contracting Party terminated it, claiming reimbursement for any incurred costs and damages. If the Contracting Party fails to provide the necessary data/documents within the agreed terms and deadlines, it shall be deemed that they terminated the Contract, applying the provisions on termination by the Contracting Party.

If the Contracting Party’s/Traveler’s data or documents necessary for the trip change in any way, the Contracting Party must promptly notify the Agency. Otherwise, it shall be deemed that incorrect data/documents were provided, and the rules pertaining to incorrect data/documents shall apply. If necessary for organizing the trip, the Agency may keep copies of the Contracting Party’s/Travelers’ documents.

OBLIGATION TO INFORM AND COMPLY WITH REGULATIONS

The Contracting Party/Traveler must be informed about and comply with all valid passport, visa, foreign exchange, border, customs, health, and other relevant regulations of their home country, transit countries, and destination countries. If the Contracting Party/Traveler fails to comply with such regulations, causing them to be unable to commence or continue the trip, it shall be deemed they have terminated the Contract, and the provisions on termination by the Contracting Party apply. They shall also be liable for any costs and consequences arising therefrom.

TRAVEL DOCUMENTS

For travel, the Contracting Party/Traveler must have a valid passport or other valid document that allows entry into the destination country, in accordance with the applicable regulations. The Contracting Party/Traveler must obtain a passport or appropriate ID at their own expense before departure. They must hold a valid passport/appropriate ID for the entire duration of the trip. Unless otherwise stated by the Travel Program, the passport must be valid for at least 6 (six) months from the date of exiting the destination country. The Contracting Party/Traveler is solely responsible for possessing and securing valid travel documents and for any consequences of not having and/or using an invalid passport or other document.

In the event of theft, destruction, loss, or any other form of passport/ID loss during the trip, the Contracting Party/Traveler must obtain a new passport/ID at their own expense if needed to continue the trip or to return home. The tour leader or other Agency representative may assist but not at the expense of disrupting the scheduled itinerary. In addition to any costs of obtaining new documents, the Contracting Party/Traveler is liable for additional expenses or fees arising from such a situation (lost documents).

If the Contracting Party/Traveler must end the trip prematurely because of stolen, lost, or destroyed documents, there is no right to any refund of the travel price or any other compensation. In that case, it shall be deemed that the Contracting Party/Traveler terminated the Contract, and the provisions on termination by the Contracting Party shall apply. The Contracting Party/Traveler shall be liable for any resulting costs or damages.

VISAS AND OTHER DOCUMENTS

If the Travel Program requires a visa or any other documents, the Contracting Party/Traveler must obtain them at their own expense within the specified timeframe. The Agency may, where possible, assist in obtaining visas and other documents for an additional fee but does not guarantee approval of visas or other documents, nor the refund of fees paid for their procurement. In no case does the Agency guarantee their correctness. The Agency is not responsible for the accuracy of any information received from the relevant diplomatic missions and passed on to the Contracting Party/Traveler.

If the Contracting Party/Traveler is unable to start or continue the trip due to non-issuance of a visa or other documents, it shall be deemed a termination by the Contracting Party, and the provisions on such termination shall apply. In that case, the Contracting Party/Traveler is responsible for any costs and consequences.

VACCINATIONS AND OTHER HEALTH REQUIREMENTS

If it is mandatory for travel arrangement and execution to hold a relevant health document, be vaccinated with a specific vaccine, and/or fulfill any other condition under health regulations (e.g., a certificate of recovery, a certificate that the Contracting Party/Traveler has never had a certain disease, vaccination certificate, negative PCR test, etc.), then the Contracting Party/Traveler must obtain such health documents at their own expense within the timeframe specified by the Travel Program and comply with the relevant health regulations of the World Health Organization or other health authorities.

In no case can the Agency advise or recommend any specific vaccination, medical procedure, or medication; the Agency refers the Contracting Party/Traveler to consult an authorized physician for such advice. The Agency shall not be liable for any consequences the Contracting Party/Traveler may experience from vaccinations, medical procedures, or medications. If a Contracting Party/Traveler is prevented from starting or continuing the trip due to not holding the required health document, being unvaccinated/not possessing the relevant vaccination certificate, and/or failing to meet any health-related requirements, it shall be deemed the Contracting Party has terminated the Contract, and the termination provisions apply. Any resulting costs and consequences are the responsibility of the Contracting Party/Traveler.

CARRIER AND BORDER/CUSTOMS AUTHORITIES’ REGULATIONS

In addition to ensuring compliance with the relevant border, customs, health, and other regulations, the Contracting Party/Traveler must ensure that they and their documents and luggage meet the requirements set out by the carrier. The Agency is not responsible for decisions by any official authority preventing the Contracting Party/Traveler from traveling, issuing visas, and/or documents for entering/staying in/exiting a country, nor for any costs or consequences arising from such decisions. If the Contracting Party/Traveler is unable to start or continue the trip due to such a decision, it shall be deemed the Contracting Party has terminated the Contract, and the provisions on termination by the Contracting Party shall apply. Any resulting costs and consequences are borne by the Contracting Party/Traveler.

PERSONAL INFORMATION ABOUT THE CONTRACTING PARTY/TRAVELER

At the time of booking, the Contracting Party must inform the Agency of any relevant facts about the health status, habits, etc. of the Contracting Party/Travelers that could affect the trip’s feasibility or the health/life of the Contracting Party/Traveler (e.g., a need for a special diet, chronic illness, allergies, disabilities, etc.). If such conditions arise after the booking, the Contracting Party must notify the Agency without delay. The Agency will relay the Contracting Party/Traveler’s dietary needs to the service providers, but is not liable if they are not able to provide the requested type of meal or if the service provider fails to do so properly.

The Travel Program and/or Special Terms may require the Contracting Party/Traveler to meet specific conditions (e.g., age, health status, etc.). In that case, the traveler is entitled to use the Agency’s services only if they meet such conditions, and the Contracting Party must provide accurate information confirming so. If the Contracting Party/Traveler does not meet these conditions and/or has provided inaccurate information, the Agency may terminate the Contract with the same effect as if terminated by the Contracting Party, and claim compensation for all costs and damages.

OBLIGATIONS AND RESPONSIBILITIES OF THE CONTRACTING PARTY/TRAVELER AT THE DESTINATION

The Contracting Party/Traveler must comply with the house rules of the accommodation provider regarding check-in (the earliest permitted time to occupy the room) and check-out (the required time to vacate the room) as well as the usage of rooms and other facilities. Unless otherwise stated, check-in is typically available after 14:00 on the day of arrival, and check-out must be completed by 10:00 on the day of departure. If different check-in/check-out times apply, the Contracting Party/Traveler will be informed by the accommodation provider upon arrival.

If the Contracting Party/Traveler jeopardizes the safety, peace, or comfort of other travelers, third parties, and/or disrupts or hampers the normal course of the Travel Program, the Agency may terminate the traveler’s participation. In this case, the traveler is not entitled to any refund or compensation, and they are liable for any damages caused by their actions. If the traveler is a minor, the Contracting Party must arrange for the minor’s return home at the Contracting Party’s expense.

The Contracting Party/Traveler must follow all reasonable instructions from the tour leader or other Agency representative. If they are dissatisfied with something, they must cooperate in good faith with the tour leader/Agency representative to resolve the issue without disturbing other travelers or harming the Agency’s reputation. During the trip, the Contracting Party/Traveler must follow standard safety precautions. The Agency accepts no responsibility for personal activities undertaken by the Contracting Party/Traveler.

If the Contracting Party/Traveler violates the Contract and/or positive regulations and/or causes damage to the Agency, other travelers, service providers, or third parties, they are liable for that damage. They shall pay for any damage immediately and directly to the party to whom it was caused. If the Agency pays for such damages on the traveler’s behalf, it is entitled to reimbursement upon returning from the trip. In case of damage caused by the traveler, the Contracting Party is held jointly and severally liable.

OTHER OBLIGATIONS OF THE CONTRACTING PARTY/TRAVELER

The Contracting Party/Traveler must carefully review all travel documents provided by the Agency. If they do not submit a complaint or request for correction within 24 hours of receiving the documents, it is presumed that all travel documents are valid and correct. Any subsequent costs for changes or corrections shall be borne by the Contracting Party/Traveler.

15. LUGGAGE

Unless otherwise specified, air transport of luggage up to the carrier’s weight limit is free of charge. Unless otherwise stated, each Contracting Party/Traveler has the right to free luggage transport of up to 15 kg on charter flights and up to 20 kg on regular flights. Infants under 2 years of age have no free luggage allowance. Any additional kilogram (excess baggage) must be paid for directly to the airline according to its rules and price list. For special luggage (e.g., surfboards, bicycles, sports equipment, musical instruments, etc.), the Contracting Party/Traveler must check feasibility with the Agency before booking. If feasible, this transport will be provided according to the rules and price list of the carrier. Regardless, due to capacity or other restrictions, the carrier may refuse special luggage. The Contracting Party/Traveler is fully responsible for any costs or damage arising from such refusal.

The transport and accommodation of pets is prohibited unless otherwise allowed by the service providers. The Contracting Party/Traveler must verify whether transporting and accommodating pets is permitted before booking. If such transport and accommodation is possible, it will be performed according to the rules and price list of the respective providers. Regardless, service providers have the right to refuse transport and/or accommodation of pets for capacity or any other reasons. The Contracting Party/Traveler is solely responsible for any costs or damages that may result.

During the trip, the Contracting Party/Traveler must look after and supervise their belongings. They must take all personal items with them upon leaving any means of transport, accommodation facility, restaurant, etc. The Contracting Party/Traveler is solely responsible for any consequences arising from failing to do so.

Baggage transportation in any vehicle is at the traveler’s own risk. The Agency advises the Contracting Party/Traveler to acquire baggage insurance. The Agency is not responsible for damaged, destroyed, lost, or stolen baggage, valuables, or documents during transportation, at an accommodation, in a restaurant, or any other location, nor for any costs or consequences arising therefrom. Should such an event occur, the Contracting Party/Traveler must immediately notify the direct service provider (e.g., the airline, other transport provider, the accommodation, restaurant, etc.) and work with them to address the issue. If the traveler has baggage insurance, they must follow the procedure specified in the policy.

16. COMPLAINTS BY THE CONTRACTING PARTY/TRAVELER

If any non-conformity in the performance of the package travel services arises, the Contracting Party/Traveler must notify the Agency without undue delay, considering the circumstances. The Contracting Party/Traveler must submit the complaint to the tour leader or another Agency representative on site as soon as practically possible. If no tour leader or Agency representative is present, the Contracting Party/Traveler must notify the direct service provider and also inform the Agency using a durable data carrier (by email or by phone, using the contact information provided by the Agency).

If the Contracting Party/Traveler does not file a complaint on the spot in the described manner, it will be assumed they unconditionally accept the provided service/situation and thus lose the right to file a subsequent complaint or claim for a price reduction and/or damages. After a complaint has been made, the Contracting Party/Traveler must cooperate in good faith with the tour leader or other Agency representative, or with the direct service provider, to remove the cause of the complaint. If the Contracting Party/Traveler on the spot does not accept a proposed solution that matches the contracted service, the Agency will not consider any subsequent complaints, nor will it be obliged to respond.

If the cause of the complaint is not resolved on-site or cannot be resolved, the Contracting Party/Traveler and the tour leader/Agency representative or the direct service provider shall jointly draw up a written confirmation/report in two copies, signed by both parties, with one copy retained by the Contracting Party/Traveler. If no tour leader or other Agency representative is present, the Contracting Party/Traveler must request a written confirmation from the direct service provider.

Upon return from the trip, the Contracting Party/Traveler must submit a written complaint to the Agency by email at no later than 8 days after the trip ends. The Contracting Party/Traveler must attach evidence substantiating the complaint, receipts for additional expenses, and a written confirmation/report from the site, etc. The Agency will not consider complaints without such written confirmation/report proving that the issue could not be resolved on-site, nor complaints submitted after the deadline. The Agency will only consider complaints regarding issues that could not be resolved on-site, submitted in the prescribed manner and timeframe.

Without a written complaint, the Agency will not consider any claim for a price reduction or damages. It will not accept group complaints; each Contracting Party/Traveler must file individually. If the Contract is concluded “blindly” (i.e., “on sight unseen”), the Contracting Party/Traveler has no right to complain about the accommodation and/or services. If a charter flight is used, the Contracting Party/Traveler has no right to complain about the reduced number of days at the destination caused by unfavorable flight times.

The Contracting Party/Traveler has no grounds to complain about “Last Minute” deals. The Contracting Party/Traveler cannot complain about natural phenomena, weather, waiting times, traffic jams, or crowds at borders, or in places visited.

The Agency will immediately confirm receipt of the complaint in writing and will provide a written response within 15 days of receiving it. The Agency reserves the right to extend this deadline by another 15 days if additional investigation is needed regarding the facts and circumstances or for verification with the service providers. If the Agency is not the organizer but merely a mediator, it will forward the complaint to the responsible organizer and inform the Contracting Party/Traveler accordingly in writing.

When the Agency acts solely as an information provider, the Contracting Party/Traveler must address all complaints and/or claims to the direct service provider on-site. For the entire period while the complaint is being resolved and until the Agency’s response, the Contracting Party/Traveler agrees not to file complaints or claims to other entities or competent authorities, nor make the complaint public in any way; they also waive the right to sue during that time. The Contracting Party/Traveler is responsible for any consequences arising from a breach of this provision.

The maximum compensation for a valid complaint cannot exceed the cost of the disputed service (or part thereof) and cannot include services that the Contracting Party/Traveler has already used or the total package price.

If the Contracting Party/Traveler is dissatisfied with the Agency’s decision, they may initiate proceedings before the Mediation Center of the Croatian Chamber of Economy, at Rooseveltov trg 2, 10000 Zagreb, email: , or before another notified body for alternative consumer dispute resolution. Information on notified bodies for alternative dispute resolution is available on the website of the Ministry of Economy and Sustainable Development of the Republic of Croatia. For services purchased online, the online dispute resolution platform is available at: http://ec.europa.eu/consumers/odr/.

17. COURT JURISDICTION

The Contracting Party/Traveler and the Agency will endeavor to settle any disputes amicably according to the prescribed procedure. If this is not possible, they agree to the jurisdiction of the competent court in Zagreb, with Croatian law applying to the proceedings, excluding any conflict-of-law provisions that would refer to the application of foreign law.

18. PERSONAL DATA PROTECTION

The Contracting Party/Traveler voluntarily provides their personal data to the Agency. The Agency uses the personal data of the Contracting Party/Traveler for organizing and executing the contracted package and for offering other Agency services. The Agency collects, processes, uses, and stores such data in accordance with all applicable regulations. The personal data of the Contracting Party/Traveler are stored in the Agency’s database, in accordance with the Agency’s data collection, processing, usage, and storage policy.

By submitting a booking request for a package arrangement, the Contracting Party grants consent (on their own behalf and on behalf of all Travelers in their booking) to the Agency to collect, process, use, and store personal data for the purpose of concluding the Contract, organizing and executing the package, and providing other Agency services. In doing so, the Agency may transmit the Contracting Party’s/Travelers’ data to authorized third parties. The Agency will not transfer the Contracting Party/Traveler’s personal data outside the country except as required to organize or provide the agreed services.

When inquiring or submitting a booking request for a package, the Contracting Party may also consent to the Agency’s collection, processing, usage, and storage of the Contracting Party’s personal data for marketing purposes (e.g., sending notifications, promotions, newsletters, special offers, etc.), direct sales, market research, business performance analysis, customer segmentation, statistical processing, etc. The Contracting Party may withdraw or revoke this consent at any time by informing the Agency via a durable data carrier.

By concluding the Contract, the Contracting Party consents (on their own behalf and on behalf of all Travelers in their booking) to the Agency’s use and sharing (with other travelers in the group) of the Contracting Party/Traveler’s mobile phone numbers for the purpose of trip execution, for instance by creating a group on a communication app (e.g., WhatsApp, Viber). If the Contracting Party/Traveler does not wish to give such consent, they must inform the Agency via a durable data carrier no later than 48 hours prior to the trip’s start.

By concluding the Contract, the Contracting Party also consents (on their own behalf and on behalf of all Travelers in their booking) to the Agency’s use of photographs and/or video recordings containing images of the Contracting Party/Traveler taken during the trip for marketing purposes, without further approvals or limitations. If the Contracting Party/Traveler prefers not to be photographed or recorded, they must inform the tour leader or the photographer/videographer in advance and must remove themselves from the camera’s frame whenever photos or videos are taken.

The Agency’s Privacy Policy is available on its website. By concluding the Contract, the Contracting Party confirms having read the Privacy Policy, informed the Travelers in their booking of it, and acknowledges that the Contracting Party and their Travelers fully understand and accept it.

19. LIABILITY INSURANCE

In accordance with the Law, the Agency has a liability insurance policy to cover damages caused by its failure to perform, partial performance, or improper performance of obligations pertaining to the package arrangement, concluded with the insurance company Wiener osiguranje Vienna Insurance Group d.d., Slovenska ulica 24, 10000 Zagreb, OIB: 52848403362, email: , tel.: 0800-2580 (information and claims), policy number: 1322-00066509.

When submitting a booking request for a package arrangement, Agency staff will inform the Contracting Party about the liability insurance coverage for damages caused by the Agency’s failure to perform, partial, or improper performance of the obligations pertaining to the package. By concluding the Contract, the Contracting Party confirms having been informed about the content of the said policy.

20. FINAL PROVISIONS

Where the Contract specifies that communication must be in writing or via a durable data carrier, notices exchanged between the Contracting Party/Traveler and the Agency are validly delivered if sent by mail or email. Valid mailing and email addresses are those previously exchanged by the Agency and the Contracting Party/Traveler. In the event of a change in the mail or email address, the party responsible for that change must inform the other party in writing or via a durable data carrier without delay. If they fail to do so, they shall bear any consequences arising therefrom.

Obvious errors and incorrect information (in both digital and printed formats) are not binding on the Agency. A Contracting Party/Traveler does not acquire any rights against the Agency by acting upon an obvious error or incorrect information. Should a Contract be concluded based on such an error or incorrect information, the Agency may, without obligation or liability, terminate the Contract, subject only to refunding any paid amounts in accordance with these General Terms. The Agency will correct the error as soon as it is detected.

If an overbooking (double booking/beyond the maximum number of available spots) occurs for any of the Agency’s services, the Agency will inform the Contracting Party immediately upon discovery. If the Agency cannot provide the agreed service due to overbooking, it may, without obligation or liability, terminate the Contract, subject only to refunding any paid amounts under these General Terms.

The Agency reserves the right to terminate any Contract within 7 business days after confirming it, without obligation or liability beyond refunding any paid amounts, in accordance with these General Terms.

Photos and video materials appearing on the Agency’s website, promotional materials, or social media are for informational purposes only and are not binding.

These General Terms are always available on the Agency’s website at www.culsperience.com.

The central contact point for administrative cooperation pursuant to the Law is:
Ministry of Tourism and Sports of the Republic of Croatia
Prisavlje 14, 10000 Zagreb
Email:
Tel.: +385 1 6169 111; +385 1 6169 243

The competent supervisory authority for the Agency’s business operations is:
State Inspectorate – Tourism Inspection
Šubićeva 29, 10000 Zagreb
Email:
Tel.: +385 1 2375 100

If any provision of the Contract and/or these General Terms is or becomes null, invalid, or unenforceable, or if an unintended contractual gap is identified, this shall not affect the validity or enforceability of the remaining provisions. Such a null, invalid, or unenforceable provision shall be replaced and the gap filled by a suitable provision that most closely matches the original intent of the parties under the law.

All matters not governed by the Contract shall be subject to the provisions of the Law and other applicable Croatian regulations.

These General Terms take effect on the date they are published on the Agency’s website. The Agency reserves the right to amend these General Terms at any time by publishing the revised text on the Agency’s website.

Zagreb, May 4, 2023