info@darko-tours.com+385 (0) 98 996 8161

General transport terms

Based on Article 33 paragraph 4. and in relation to Article 4.t.26. Act on road transport (“Narodne Novine” no. 82/2013) director of DARKO TOURS PRIJEVOZ d.o.o., for transport services and travel agency. Desinić, Ivanka Štih determines the following

GENERAL CONDITIONS OF CARRIAGE

AND GENERAL PROVISIONS

CARRIER is DARKO TOURS PRIJEVOZ d.o.o., for transport services and tourist agency

A PASSENGER is a person transported by the carrier for a fee

TRANSPORT IN INTERNAL ROAD TRAFFIC is transport on the territory of the Republic of Croatia

TRANSPORTATION IN INTERNATIONAL ROAD TRAFFIC is transport between two or more countries of the European Union (hereinafter: EU)

TRANSPORTATION IN INTERNATIONAL ROAD TRAFFIC is transport between an EU country and a country outside the EU

A VEHICLE is a bus and a passenger car intended exclusively for the transportation of passengers

BUS TICKET is a document with which the passenger obtains the right to transport with the carrier under the conditions established in these general conditions of transport

ARTICLE 1.

These general conditions of transport determine the mutual relations between the carrier and passengers who use the carrier’s services in public road transport and the conditions under which the carrier will provide transport services to the passenger and his luggage.

II CARRIAGE CONTRACT

ARTICLE 2.

With the contract of carriage, the carrier undertakes to transport the passenger and his luggage safely according to the agreed route according to the published timetable, and the passenger undertakes to pay the transport fee to the carrier.

A transport contract can also be concluded between the carrier and the transport orderer, in which case the transport orderer undertakes the obligation to pay the transport fee. The existence of a transport contract is proven by a bus ticket or a separate contract.

ARTICLE 3.

The bus ticket contains the date, time and route of the journey, information about the carrier and the price of the transport.

The bus ticket is sold in the carrier’s vehicles.

The bus ticket can be printed by computer or by hand.

ARTICLE 4.

With a fixed-term bus ticket, the user realizes the right to transport within a certain period of time, and it can be issued for an exact number of journeys or it can be issued for an unlimited number of journeys on a certain route.

The fixed-term bus ticket contains the user’s first and last name, photo and user category designation.

The type of fixed-term bus ticket depends on the category of the user (primary school student, high school student, student, worker or pensioner) and the area of ​​traffic, and its production is charged according to the valid price list of the carrier.

ARTICLE 5.

As a rule, the bus ticket is issued for a one-time journey, i.e. driving in one direction, and obligates the carrier for the specific date and time of travel indicated on the bus ticket.

The passenger can also buy a return bus ticket for travel on routes designated as such by the carrier.

A return bus ticket allows the passenger to travel on the departure and return journey on a predetermined route, and obliges the carrier for the specific date and time of departure indicated on the ticket, and only for the departure journey, while the date and time of the return journey must be confirmed by the passenger by purchasing a reservation .

The basis for calculating the price of a return bus ticket is the full price of two bus tickets in one direction according to the route of travel, reduced by the amount of the discount according to the pre-determined commercial privileges of the carrier.

On the return ticket, the validity period is indicated, which is calculated from the day the trip began, and it cannot be used after the expiration date.

Return bus tickets are valid on the lines of the carrier and in exceptional situations on the lines of other carriers if there is an agreement between the carriers.

ARTICLE 6.

The passenger can reserve a seat in the vehicle in person at the carrier’s organized points of sale, by phone at info 049 / 343 394 or the point of sale, and by e-mail to the info center info@darko-tours.com or the point of sale.

The pre-booking obligates the carrier only if the passenger buys a bus ticket and/or reservation no later than 2 hours in internal scheduled transport.

If the passenger within the period referred to in paragraph 2. of this article does not buy a bus ticket, the point of sale has the right to sell the reservation to another passenger, and the previous passenger loses the right to the reserved seat as well as to claim compensation from the carrier.

The carrier reserves the right to change the number of seats specified on the reservation on certain lines.

The reservation is not issued without a purchased bus ticket, except when the passenger has a return or term bus ticket.

The seat reservation fee is charged according to the valid price list of the carrier or point of sale.

ARTICLE 7.

The carrier will, upon his request, issue a confirmation of the price of the bus ticket for the requested route on which the carrier performs transportation.

The certificate is issued at points of sale and charged according to the valid price list of the carrier.

III REFUND OF TRANSPORTATION FEE

ARTICLE 8.

The carrier undertakes to return to the passenger the transportation fee minus 10% for handling costs, if the passenger cancels the trip and submits a request to the carrier, namely:
– in internal scheduled transport no later than 2 hours before the start of the journey

The passenger from paragraph 1 of this article is not entitled to a refund of the money paid for the station service and reservation.

If the passenger submits a request to the carrier for the refund of the transportation fee for the unused part of the return ticket within the validity period of the same, the carrier will deduct from the paid price of the return ticket the one-way transportation price with the corresponding commercial privilege and 10% for handling costs and will pay the difference to the passenger .

The validity period of the return bus ticket is counted from the day the trip began.

ARTICLE 09.

For a lost, damaged or destroyed bus ticket as well as a bus ticket that was canceled after the time specified in Article 10. item 1. of these general conditions, the transport fee is not refundable.

A passenger who, through his own fault, traveled on a bus of another carrier, and not the carrier for which he bought the bus ticket, has no right to a refund of the paid amount of the value of the bus ticket.

ARTICLE 10.

If a passenger buys a fixed-term bus ticket and cancels it, he can request a refund from the carrier.

a) Term bus ticket for an unlimited number of journeys in a certain period of time
If the return of the fixed-term bus ticket is requested before the beginning of the period of validity for which it was purchased, the amount paid will be returned minus 10% for handling costs.

If the return of the fixed-term bus ticket is requested during the validity period of the same, i.e. the bus ticket is partially used, the amount will be refunded less the number of days used at the price of the purchased bus ticket from the day of the trip cancellation (excluding Saturdays, Sundays and holidays) and 10% on the name of manipulative costs. The refund request is approved only for a period of at least five consecutive days, not counting Saturdays, Sundays and holidays, for which a corresponding confirmation must be attached.

A request for a justified refund (illness, use of annual leave, etc.) of a part of the amount due to an unused fixed-term bus ticket can be submitted no later than 5 days after the expiration of the period of validity of the same, and it is necessary to attach a doctor’s certificate, a certificate of the use of annual leave or other proof of impossibility. using a fixed-term bus ticket.

If the fixed-term bus ticket was purchased within the period of its validity, it is not possible to obtain a refund of the unused part for the days preceding the purchase.

b) Term bus ticket for an exact number of journeys
If the return of the fixed-term bus ticket is requested before the beginning of the period of validity for which it was purchased, the amount paid will be returned minus 10% for handling costs.

If the return of the fixed-term bus ticket is requested during the validity period of the same, i.e. the bus ticket is partially used, the amount minus the number of used trips (coupons) will be returned at the price of the purchased bus ticket from the day of cancellation of the trip and 10% in the name of handling costs.

A request for a refund of part of the amount due to an unused fixed-term bus ticket can be submitted during the period of its validity.

ARTICLE 11.

In case of damage to the fixed-term bus ticket, the passenger will, with compensation equal to the value of the new fixed-term bus ticket, replace the damaged fixed-term bus ticket with a new one, which will be valid until the validity date of the previous fixed-term bus ticket.

In the case of loss of a scheduled bus ticket, it is immediately reported to the point of sale of the carrier.

Creation of a new time ticket is charged according to the valid price list.

ARTICLE 12.

The refund of the transportation fee is made on the basis of a complete and undamaged bus ticket at the point of sale where the bus ticket was purchased, or at the nearest point of sale, if the bus ticket was purchased in the carrier’s vehicle.

The sales staff can issue a refund for the transportation fee on the condition that the bus ticket has been certified by the driver on duty or another authorized person of the carrier.

For bus tickets purchased via the Internet, as well as fixed-term bus tickets, the request for reimbursement of the fee must be submitted in writing to the carrier’s address from Article 23. of these general conditions.

IV OBLIGATIONS OF PASSENGERS

ARTICLE 13.

The passenger is obliged to check all the elements of the bus ticket at the moment he receives it and immediately report any identified errors to the sales staff.

If the passenger does not inform the carrier about the error in time, the bus ticket will be considered correct.

ARTICLE 14.

The carrier reserves the right not to issue a bus ticket and refuse to accept passengers whose behavior causes damage to the carrier’s property and disturbs other passengers or bus staff.

ARTICLE 15.

The passenger is obliged to take care that he gets into a vehicle traveling on the route at the bus station or stop or between stops on departure and that he gets out of the vehicle at the final bus station or stop.

Passengers can enter or exit the vehicle only at the bus station or stop specified in the timetable.

The passenger should take care to travel with the carrier marked on the ticket.

The passenger is obliged to make sure to arrive at the initial stop at least 10 minutes before departure. In the event of a passenger’s delay, the carrier has no obligations towards the passenger.

ARTICLE 16.

The passenger is obliged to keep the bus ticket during the entire trip and to show it at the request of an authorized person of the carrier, who is identified by the controller’s official card.

If the passenger uses a bus ticket with a commercial privilege, he must prove his identity with an identity card or other appropriate document that entitles him to purchase a bus ticket with a discount.

If a passenger damages, loses or in any way remains without a bus ticket, uses an invalid or defective bus ticket, he is obliged to pay a fine in the amount of HRK 50.00 and the full price of the bus ticket for the route on which he is travelling.

A passenger who refuses to pay the fine and the full price of the bus ticket due to not having the appropriate bus ticket is excluded from the trip.

ARTICLE 17.

The carrier has the right to refuse a reservation, issue a ticket or otherwise provide a ticket or admit a person with a disability or reduced mobility in the vehicle in the event of the need to meet valid safety requirements established by norms of international law, Community law or national law or due to meeting health and safety requirements determined by the competent authorities and in the event that the design of vehicles or the infrastructure of bus stations or bus stops physically prevents the boarding, disembarking or transportation of persons with disabilities or persons with reduced mobility in a safe and practically feasible manner.

ARTICLE 18.

During the trip, the bus and control staff of the carrier may exclude passengers from the trip:

  • if it disturbs order and peace in the vehicle
  • if it endangers traffic safety
  • if it interferes with the work of the staff
  • if it interferes with the work of the control staff
  • if he behaves rudely towards passengers and/or staff.

At the same time when the passenger is excluded from the trip, the staff also hands him his luggage. In this case, the passenger is not entitled to a refund of the amount of the ticket fee from the point of exclusion to the final bus station, i.e. the passenger’s stop.

ARTICLE 19.

If a passenger intentionally or due to gross negligence pollutes the bus, he is obliged to pay for the cleaning of the bus in the amount of the actual costs.

The passenger is obliged to compensate the carrier for damage caused by his fault.

ARTICLE 20.

A passenger who wishes to receive the necessary information about a precisely determined trip during its duration must, when concluding a transport contract, leave a contact to the carrier or bus station where such information can be provided.

Other information is provided to passengers via the carrier’s website.

ARTICLE 21.

In international transport, the passenger is obliged to comply with the regulations of other countries related to travel, entry and exit documents (passport, visa, money required for a stay in a country, etc.) as well as other regulations related to customs, tax authorities and other administrative bodies both in relation to him personally and in relation to passenger and hand luggage, and he is obliged to wear a seat belt.

The carrier bears no responsibility towards the passenger due to the passenger’s failure for the reasons specified in paragraph 1. of this article, due to which it is excluded from transport.

ARTICLE 22.

The passenger has the right to a written complaint no later than 90 days from the date when the transportation was performed or should have been performed, which he must send to the address Darko-Tours d.o.o., Trnovec Desinićki 2, 49216 Desinić. The passenger is obliged to attach the bus ticket and a brief explanation of the written complaint.

The carrier is obliged to inform the passenger within 30 days from the receipt of the written complaint that the allegations from it have been substantiated, rejected or are still being processed. The carrier undertakes to give a final answer within no longer than 3 months from the receipt of the written complaint. If the carrier does not do so within the stated period of receipt of the written complaint, the passenger can submit a complaint to the Ministry of Maritime Affairs, Transport and Infrastructure.

The passenger undertakes that until the day of receipt of a written statement from the Carrier’s commercial service, he will not make any public statements related to the specified transportation service. In the event of a dispute between the passenger and the carrier, the court based on the seat of the carrier has jurisdiction over the matter.

V. OBLIGATIONS OF THE CARRIER

ARTICLE 23.

The carrier determines the timetable and price of transportation for all routes on a particular line and publishes them in an appropriate manner, at points of sale except in vehicles. When determining the selling price of transportation, the carrier may also take into account commercial privileges for certain categories of passengers that it determines as such.

ARTICLE 24.

The carrier will accept for transportation and transport any person who meets the conditions of these general conditions of transportation.

The following will not be accepted for transport:

  • persons who carry firearms with them, except passengers on duty, provided that their weapons are locked,
  • persons showing obvious signs of an infectious or mental illness, as well as persons with open wounds (unless a person injured in a traffic accident is being transported to the nearest health center),
  • children up to 10 years of age, if they are not accompanied by adults. Children between the ages of 11 and 18 will be accepted on the transport at the parents’ own risk.
  • persons whose clothes or luggage are so contaminated that there is a danger of contaminating the clothes of other passengers in the vehicle or vehicles,
  • persons under the influence of alcohol and narcotic drugs,
  • persons without appropriate clothing (in bathing suits, without parts of clothing and footwear, with body armor, etc.).

ARTICLE 25.

In case of cancellation of departure or delay in departure from the bus station in internal road transport, in international road transport between EU countries with a planned transport distance of up to 250 km, as well as in international road transport between an EU member state and a country outside the EU for more than 30 minutes, the passenger has the right to choose between:

  • continuation or rerouting of the journey to the destination without additional transport charges or
  • return to the place of departure with a full refund of the transport fee or
  • cancel the trip with a refund of the fee for the uncompleted part of the transport.

The carrier is not responsible for damage caused to the passenger due to interruption, delay or non-execution of transportation in cases of severe weather conditions, traffic jams and in cases that are not the result of the carrier’s intent or gross negligence.

ARTICLE 26.

In international road transport between EU countries with a planned transport distance of at least 250 km, the passenger has the following rights:

  • in case of cancellation and delay in departure from the bus station for more than 120 minutes or in the case of an excessive number of reservations, the passenger has the right to choose between continuing or rerouting the transport to the destination at the next opportunity without additional transport fees or refund of the ticket price and, if necessary, free return to the first point of departure specified in the contract of carriage at the first subsequent opportunity.
  • The same does not apply to passengers who have a bus ticket with an open travel date without a certified bus ticket and reservation with the day and time of return. The passenger is obliged to communicate his choice to the carrier in a verifiable manner within 60 minutes after the occurrence of the circumstances from the previous paragraph of this article. The refund to the passenger from paragraph 2 subparagraph 1 of this article will be made within 14 days from the date of receipt of the passenger’s request, in cash, unless the passenger accepts another form of compensation. The payment includes the full amount of the price at which the bus ticket was purchased, for the part or parts of the journey that have not been traveled and for the already traveled parts of the journey if the journey no longer serves the purpose in terms of the passenger’s travel plan.
  • in case of cancellation and delay of departure from the bus station for more than 90 minutes in the case of journeys that are expected to last more than 3 hours, the passenger has the right to a quick meal and a refreshing drink appropriate for the waiting time, provided that they are available at the bus station or are reasonably possible get a hotel room or other accommodation if a stay of one or more nights is required. The cost of accommodation cannot exceed EUR 80.00 per night for a maximum of two nights. The carrier is not obliged to provide accommodation if the cancellation or delay occurred due to severe weather conditions or natural disasters that jeopardized the safe performance of transportation.
  • In the event of a traffic accident resulting from the transportation service provided under these general terms and conditions, the carrier shall provide reasonable and proportionate assistance to the passengers referred to in paragraph 1 of this article regarding the immediate practical needs of the passengers after the accident, including transportation, accommodation, food, clothing and providing first aid. The total cost of accommodation cannot exceed EUR 80.00 per passenger per night for a maximum of two nights.

VI. CARRIAGE OF LUGGAGE

ARTICLE 27.

The carrier’s vehicles carry hand, passenger, unaccompanied baggage as well as items that are not considered hand, passenger or unaccompanied baggage under the conditions stipulated in these general terms and conditions.

Passenger vehicles 8+1 in road traffic only carry hand luggage.

ARTICLE 28.

Hand luggage are things that can be brought into a vehicle or personal vehicle from Article 29. 2 of these general conditions and placed in a place designated for that purpose, which the traveler keeps himself.

As a rule, hand luggage is understood to mean things of smaller dimensions, such as handbags, nets and the like, which can be placed on the shelf above the seats in the bus or passengers can keep them with them, under the seats, but in such a way that they do not disturb other passengers.

For hand luggage from paragraph 2. of this article, the staff does not charge for the transportation service and is not responsible for its loss or damage.

ARTICLE 29.

Passenger luggage means suitcases, bags, backpacks and the like, and the transport service is charged.

Items that are not considered passenger luggage are items that the passenger carries with him, such as: crates, baskets, sacks, wrappers and similar items that, due to their dimensions and weight, can be placed in the baggage area (luggage) and are charged according to the valid price list for unaccompanied baggage.

At the passenger’s request, the carrier can accept a maximum of two pieces of luggage for transport, and if it has the necessary luggage space and at the same time does not burden the vehicle, even more.

When receiving and storing luggage, the staff is obliged to issue the passenger with the appropriate ticket – luggage tag and the receipt for the provided luggage transport service, which the passenger is obliged to keep during the entire trip and present at the control request.

The price list for the transportation of passenger and unaccompanied baggage and items is determined by the carrier and is visibly displayed at the carrier’s sales points.

The existence of a contract for the carriage of passenger luggage or objects cannot be proven in any other way than the luggage tag and the invoice for the provided luggage transport service.

ARTICLE 30.

The carrier is not responsible for damage from paragraph 1. of this article if the passenger’s luggage is not packed or not packed enough, and because of these defects, it is by its very nature exposed to loss or damage.

When handing over luggage for transportation, the passenger is obliged to inform the staff of the value of the luggage above the amount specified in paragraph 1 of this article and to allow the staff to inspect the luggage.

The passenger is obliged to have valuables, securities or other valuable things in hand luggage.

ARTICLE 31.

The passenger is obliged to compensate the carrier for damage caused by the properties or condition of the luggage.

Dangerous substances, explosive and flammable objects, objects with an unpleasant smell, things with perishable contents, things that corrode or can injure or stain passengers, damage the bus or the belongings of other passengers accepted for transport, fragile things, cash, securities, valuables, jewelry or art.

ARTICLE 32.

Of the animals, only specially trained guide dogs for blind people accompanied by a blind person as a passenger can be accepted for transport.

ARTICLE 33.

In accordance with the available space in the trunk of the vehicle, the carrier can take unaccompanied luggage for transport.

Unaccompanied baggage is things that are not accompanied by the passenger in the vehicle, which the carrier takes for transport with the accompanying bus ticket – luggage and delivers to the agreed destination indicated on the luggage.

With the contract for the carriage of unaccompanied baggage, the carrier undertakes to transport the collected baggage to the agreed destination and deliver it to the recipient or to a person authorized by him (with the presentation of a power of attorney from the recipient). On the luggage tag for unaccompanied luggage, the route and the name and surname and address of the recipient are written. Taking over of unaccompanied baggage for transport, the staff confirms with their signature on the bus ticket, a copy of which is handed to the sender when the service is charged, while when handing over the luggage, the recipient confirms the receipt of the shipment with his signature on the copy of the baggage claim held by the staff.

The existence of a contract for the carriage of unaccompanied baggage can only be proven by a baggage claim for unaccompanied baggage.

ARTICLE 34.

The carrier is not responsible for incorrect information regarding the contents of unaccompanied baggage.

The staff is authorized to refuse the receipt of luggage if the passenger or sender refuses to disclose its contents.

ARTICLE 35.

The following shipments will not be accepted as unaccompanied baggage, except for the items specified in article 33 paragraph 2 of these general conditions:

  • fresh and frozen fish and fish products, shellfish and molluscs,
  • fresh and frozen meat and meat products,
  • milk and milk products.

The carrier does not accept unaccompanied baggage in international transport.

ARTICLE 36.

The sender is obliged to deliver unaccompanied luggage no later than 15 minutes before the scheduled departure of the vehicle, otherwise the carrier is not obliged to collect it.

The recipient is obliged to wait for the vehicle to pick up unaccompanied baggage.

The carrier is not responsible for unaccompanied baggage if the recipient has not met the bus.

ARTICLE 37.

When leaving the vehicle at the travel destination, the passenger is obliged to take with him all his belongings that he had with him in the vehicle and collect his passenger luggage.

All found items are handed over by the staff to an authorized person of the carrier after the journey is over.

The carrier is not responsible for things found in the vehicle after the end of the trip that are subject to damage, while for other things found in the vehicle, the carrier is responsible for a maximum of 8 days from the end of the trip.

VII. FINAL PROVISIONS

ARTICLE 38.

The carrier will keep everything it learns about the passenger as a business secret and without his approval, except in cases prescribed by law or at the request of the competent authority, will not disclose the passenger’s personal data collected for the purpose of carrying out the transport contract to anyone.

ARTICLE 39.

All disputes arising between passengers during the journey are resolved by the staff, while any disputes between passengers and the staff are resolved by an authorized person of the carrier.

ARTICLE 40.

These General Terms and Conditions enter into force on the day of their adoption, and are available to passengers at the company’s headquarters and all points of sale where the carrier’s bus tickets are sold.

Upon the entry into force of these General Terms and Conditions, the acts that until now determined the subject matter cease to be valid.

ARTICLE 41.

The carrier may change these General Conditions of Carriage in accordance with its business policy and applicable EU laws and regulations.

In Desinić, 01. January 2013

DARKO-TOURS D.O.O.
Director
Darko Štih

_________________________________________________________________________________________________________________________________________________________________

 

Darija Podhraški

Manager of a travel agency

ID KOD: HR-AB-49-080551786

Submitting a complaint: in person at the office or by email: info@darko-tours.com

Competent body: Ministry of Tourism, Independent Sector of Tourist Inspection,

Trg Republike Hrvatske 8/1, 10 000 Zagreb

​

 

GENERAL TERMS AND CONDITIONS OF TRAVEL AGENCY BUSINESS

1. Subject of the contract

The subject of this contract is the arrangement of mutual relations between the travel organizers – Darko-Tours d.o.o. for transport, services and travel agency (hereinafter Darko-Tours) and the PASSENGER, i.e. the travel contractor in the event that the travel contractor enters into this contract for the benefit of a third party as a passenger (hereinafter PASSENGER). This travel contract also contains the General Conditions and instructions for tourist arrangements, i.e. it refers to the travel program that contains all the necessary information. The contract is considered binding after it has been signed by the agency employee (Darko-Tours agency employee) and the TRAVELER and after the TRAVELER has paid the price of the tourist arrangement in full or a part of the price and indisputably ensures payment of the remaining amount by the agreed date. If the traveler is not able to sign the contract in person, the contract becomes legal only when Darko-Tours receives the entire agreed amount of the price of the arrangement or, if it was expressly agreed, part of the agreed price and documentation that indisputably ensures the payment of the remaining part of the price by the agreed date. The traveler can register for the trip at the Darko-Tours office, by phone, on the Internet, or by any other means of remote communication. When concluding the contract, the traveler is obliged to provide personal data and submit all the documentation necessary for organizing the trip in a timely manner. THE TRAVELER guarantees that he has provided Darko-Tours with correct and valid information necessary for the smooth implementation of the trip and accepts all legal obligations arising from this contract and positive legal regulations.

2. Reservations and payment

When checking in, to confirm the reservation, the traveler pays 30% of the price of the arrangement (unless otherwise specified in the program). The balance up to the total price of the arrangement is paid no later than 21 days before the start of the trip, or documentation is provided for undisputed payment of the total price of the arrangement. If the traveler does not fulfill his obligation no later than 21 days before departure, he will be considered to have abandoned the reservation without the possibility of paying the advance payment.
For all reservations, including reservations “on request” (when there are no places for a certain arrangement at the time of the passenger’s registration for a certain trip, but Darko-Tours is able to provide them additionally), Darko-Tours charges a fee for the reservation costs in the amount of HRK 50 ( according to the contract), and in the event that there are less than 21 days left until departure for such a reservation “on request”, the corresponding part of the price of the arrangement is paid according to the conditions from Article 8. of this contract.
Darko-Tours undertakes to process such a requested reservation “on request” within 2 working days (Saturday is not considered a working day) and to notify the traveler in writing or orally. If Darko-Tours does not inform the traveler about what has been done within the specified period or is unable to secure a reservation for the requested arrangement, the entire amount of the payment will be fully returned to the traveler. If the traveler does not accept the reservation requested and confirmed by Darko-Tours, the payment costs will not be refunded, including the compensation for the reservation costs.
To confirm reservations under the “Fortuna system” or “Last minute” offers, the PASSENGER is obliged to immediately pay the amount of the arrangement in full or ensure undisputed payment of the entire amount of the arrangement.

3. Prices

Travel prices are published in the travel program and are valid from the day the program is published. Package prices do not include compensation for reservation costs, which are charged additionally in the amount of HRK 50 (according to the contract) when booking. The prices listed in Darko-Tours programs are based on the contract with our partners and do not have to correspond to the prices published on the spot in the destination where the traveler is staying, and any price difference cannot be objected to.
The travel organizer can provide that the traveler pays for certain services to be used abroad on the spot in the currency of the country in which he is staying. For services that are paid for on the spot, the passenger submits any complaint directly to the service provider.
Darko-Tours can, no later than 20 days before the start of the trip, demand an increase in the contracted price if after the conclusion of the contract there has been a change in currency exchange rates or a change in the tariffs of the carrier or hotelier, and only in writing. The passenger undertakes to accept an increase in the agreed price of up to 10%. If there is an increase in the agreed price in the amount of more than 10%, the traveler has the right to withdraw from the arrangement, provided that he is obliged to notify Darko-Tours in writing within 2 working days of receiving the notification. In case of cancellation of the arrangement, the passenger is not entitled to compensation. If the traveler does not submit his cancellation to Darko-Tours in writing and within the specified period, he is considered to have agreed to the price change.

4. Categorization and description of services

The offered hotels, apartments or other facilities in the Darko-Tours programs are described according to the official categorization of the country in question at the time the program is issued. We point out that local categorization differs significantly in individual countries. Accommodation, food, comfort and other services are under the supervision of local and national tourism authorities, and the standards of accommodation and services are different and not comparable. Darko-Tours does not assume responsibility for any oral or written information that is not in accordance with the description of services and facilities in Darko-Tours programs valid for the said trip, which was given either by Darko-Tours employees or a third party.
The schedule of accommodation in rooms or apartments is determined by the reception in the place of stay. If the traveler has not expressly agreed on a room/apartment with special features, he will accept any officially registered room/apartment for rent in a particular facility or destination described in the travel program. Accommodation is not possible before 4 p.m. on the day the service begins, and it must be vacated by 10 a.m. on the day the service ends, unless otherwise stated in the travel program. For later individual arrivals at accommodation facilities (after 8 p.m.), it is necessary to notify Darko-Tours beforehand, at least one day before departure, if such a later arrival is not foreseen in the travel program.

5. Travel documents, compliance with regulations

A passenger applying for a trip abroad must have valid travel documents. The traveler is obliged to submit to Darko-Tours all the necessary information and documents for obtaining a visa for the country to which he is traveling when registering or by the deadline specified in the program. Darko-Tours does not guarantee obtaining a visa. If the traveler does not fulfill the stated obligations or his request for a visa is rejected, it will be considered that the traveler has abandoned the trip.
The passenger is obliged to comply with customs, foreign exchange and other regulations. If the traveler cannot continue his journey due to non-compliance with the regulations, he bears all the costs and consequences that arise as a result. If the passenger loses his travel documents or they are stolen during the trip, he is obliged to provide new ones at his own expense. The traveler is obliged to ensure that he personally, his documents and luggage meet the requirements stipulated by visa, border, customs, health and other regulations, both of the Republic of Croatia and of the country to which he is traveling, to comply with house rules in catering and hotel facilities and to cooperate with representative of travel organizers and service providers in good faith. In case of non-compliance with the above obligations, the passenger is responsible for the damage caused, and Darko-Tours removes all responsibility for such damage. In this case, the passenger settles the amount of damage with the owner of the facility (hotel, apartment, etc.) at the reception.
When signing the contract, the employee of Darko-Tours will introduce the traveler to sources of information about the country to which the traveler is traveling, including the opinion of the Ministry of Foreign Affairs of the Republic of Croatia. We recommend every traveler to get information personally on the website www.mvpei.hr and look at the list of countries of high or moderate risk according to MVPEI of the Republic of Croatia.
We recommend all travelers who are not citizens of Croatia and do not have Croatian travel documents to personally inform themselves about the country they are traveling to and the conditions that must be met for traveling to that country, bearing in mind the different regulations that apply to citizens of individual countries, before paying for the package. Darko-Tours can direct the traveler to the source of information, but in no way assumes responsibility for the consequences that may arise for the traveler as a result of non-compliance with these regulations.
Invalid travel documents, i.e. non-approval of a visa, which results in cancellation of the trip, does not obligate Darko-Tours in any respect, and the terms of cancellation of the trip apply. Darko-Tours disclaims all responsibility for damage that would result from non-compliance with the regulations of individual countries or that would be caused by invalid travel documents.

6. Travel insurance

According to the Act on providing services in tourism, the agency’s employees are obliged to offer the traveler a “package” of travel insurance, which consists of: voluntary health insurance during the stay abroad, insurance against the consequences of an accident, luggage insurance and travel cancellation insurance. By signing the contract, the traveler confirms that he has been offered a travel insurance package. In case the traveler requires the mentioned insurances, they can be contracted directly with one of the insurers or with Darko-Tours, whereby Darko-Tours participates only as an intermediary.
By signing this contract, it is considered that the passengers are offered and recommended the insurance listed in the previous paragraph.

7. Insurance against the risk of trip cancellation

If, when registering for a trip, the traveler foresees that he would have to cancel the trip due to certain situations, we recommend paying for a cancellation insurance policy. Cancellation insurance cannot be paid later, but only when registering for the trip.
Termination insurance is valid only in the following cases, with mandatory written confirmation: military call-up, illness, death in the immediate family. If the traveler does not have contracted cancellation insurance, and has to cancel the trip and has a certificate of military service, illness or death, Darko-Tours reserves the right to payment according to the rules specified in Article 8. of this Agreement. When canceling the arrangement, the cost of obtaining a visa is not paid, even if the traveler has paid cancellation insurance. By paying for the cancellation insurance policy, the traveler transfers all his claims to the insurance company whose cancellation insurance policy he owns, and Darko-Tours undertakes to provide the traveler with all the documentation necessary for realizing the passenger’s claim against the insurance company, which relates to the arrangement. All cancellation conditions are listed in the insurance policy, and we recommend that every passenger read them personally.

8. Cancellation of the trip by the passenger

If the traveler cancels the paid arrangement, Darko-Tours will deduct from the total price of the arrangement (unless otherwise stated in the program):

European trips, vacations, skiing

up to 30 days before departure, 10% of the price of the arrangement, and at least HRK 100
29-22 days before departure 30% of the price of the arrangement
21-15 days before departure 40% of the price of the arrangement
14-8 days before departure 80% of the price of the arrangement
7-0 days before departure and after departure 100% of the price of the arrangement

The above costs apply to changes in the date of departure or the accommodation facility, as well as to all other important changes. Darko-Tours charges the actual replacement costs if the passenger – the contract holder cancels the trip and finds another user of the same reservation who meets all the conditions for using the mentioned arrangement.
If 21 days before departure the traveler has not paid the rest of the amount or ensured undisputed payment of the arrangement, Darko-Tours considers that the traveler has abandoned the reservation, without the possibility of paying the advance payment for the trip.

9. Cancellation of travel by Darko-Tours or change of travel program

If Darko-Tours significantly changes the program, accommodation or price before the start of the trip, it is obliged to notify the traveler in writing without delay. The traveler can accept the changed program or reject it within 2 working days of receiving the notification from Darko-Tours. In case of deduction or rejection of the offer, Darko-Tours undertakes to return the paid part of the price to the traveler within 7 working days. In case of acceptance, the replacement arrangement offered by Darko-Tours is considered a new travel contract, with the traveler waiving all claims against Darko-Tours on any legal basis arising from the original contract.
If, after the start of the trip, Darko-Tours has not provided a major part of the contracted services or if it judges that it will not be able to ensure the fulfillment of a major part of the contracted services, Darko-Tours can, at its own expense, and with the consent of the passenger, make changes to the program for the continuation of the trip and, if necessary, compensate passengers for the price difference between contracted and actually provided services. With the written consent of the passenger, Darko-Tours can replace the unexecuted part of the service with another service, whereby the passenger waives the right to claims from Darko-Tour for the mutually agreed and changed part of the trip in relation to the concluded travel contract.
If Darko-Tours could not adequately change the travel program or if the traveler does not accept the changes for justified reasons, Darko-Tours will enable him to return to the place of departure or another place, if the traveler agrees, at his own expense, and compensate him any damage he suffered in the process. The damage is paid in the amount of the part of the price of the unused part of the contracted program, based on the passenger’s complaint. Darko-Tours will handle the complaint in the manner specified in point 11. of this contract. The largest amount of damage can be the price of the contracted arrangement.
Darko-Tours is authorized to unilaterally terminate the contract in full or in part, without the obligation to compensate the passenger, if external extraordinary and unforeseeable circumstances occur that could not be prevented, avoided or removed, and which, if they had existed at the time of the conclusion of the contract on organizing the trip, would have a valid reason for Darko-Tours not to conclude a contract. In this case, the passenger has the right to payment of the paid amount in full, i.e. the price difference between the contracted and provided services.
Darko-Tours reserves the right to cancel the trip, no later than 5 days before the start of the trip, if the trip was canceled by the tour operator for whom Darko-Tours was an intermediary in the sale of the mentioned arrangement, or if the minimum number of passengers required for the realization of the arrangement specified on to each individual travel program or for any other valid reason.
Darko-Tours reserves the right to change the day or time of travel due to a change in the flight schedule or due to the occurrence of unforeseen circumstances, the right to change the direction of travel if the conditions for travel change (changed flight schedule, security situation in a certain country, natural disasters or other situations that Darko-Tours Tours cannot influence), and that without compensation, and according to the current regulations in domestic and international traffic.
Darko-Tours does not assume responsibility for changes due to unforeseen circumstances and force majeure during the trip. In this case, it can provide services based on the given situation. Darko-Tours is not responsible for possible errors in the printing of the program as part of the brochures / catalogs, as well as for incorrect data entries by the operator on the Darko-Tours website.

10. Trips organized by other organizers/tour operators

These General Terms and Conditions apply to all arrangements where Darko-Tours is the main organizer, except in the case where Darko-Tours is an intermediary or not the main travel organizer. Such arrangements will be specially marked and the general conditions of the responsible organizer will apply to them, and Darko-Tours is not responsible for the implementation of tourist arrangements of other organizers. By signing the contract, the TRAVELER fully accepts the program and conditions of the trip.

11. Resolving objections

The passenger has the right to complain about the unfulfilled contracted service. The traveler is obliged to submit a written complaint to Darko-Tours within 8 days of the end of the trip. Objections filed after the 8-day deadline will not be considered. We emphasize that it is in the interest of the traveler to act in good faith and express his will to resolve the complaint during the trip, and to send his written complaint to the service provider on the spot (reception, carrier, restaurateur or travel agency at the destination) and to request a written confirmation from the service provider that received a complaint. Each passenger – contract holder submits a complaint separately. Darko-Tours will not consider group complaints. Darko-Tours is obliged to issue a written solution to the complaint within 14 days of receipt of the complaint, in the manner in which the complaint was received (by e-mail, mail or personal delivery, which will be answered by a written shipment with a return receipt). If it is necessary to collect information and check the allegations from the complaint, Darko-Tours can postpone the deadline for making a decision for another 14 days, and it is obliged to inform the passenger of the complaint in writing. Darko-Tours will resolve only those complaints for which the traveler provides proof that he sent a written complaint to the service provider on the spot and that the cause could not be eliminated on the spot. If, due to the fault of Darko-Tours, the program or part of the services were not fulfilled, the traveler has the right to compensation in the amount of the actual value of the unused services and cannot include already used services or the entire amount of the arrangement. In the case of concluding a contract according to the “Fortuna system” or according to the “Last minute offer”, the traveler has no right to complain about the quality of the accommodation.
Until Darko-Tours makes a decision, the traveler renounces the mediation of any other person, judicial institution or providing information to the media.

12. Health regulations

The traveler is obliged to inform Darko-Tours of all facts regarding his health, habits, etc., which could endanger the progress of the trip (if he is looking for a certain type of food for health and other reasons, suffers from a chronic disease, allergies, etc.). In some programs, special rules for travel are specified, which include mandatory vaccinations and the acquisition of appropriate documents. The passenger is obliged to complete the mandatory vaccinations as well as to have certificates and documents to that effect. We recommend paying for a health insurance policy.

13. Baggage

Baggage transportation up to a certain weight, determined by the carrier, is free of charge. In the case of air transport, excess baggage is paid for by the passenger himself according to the applicable rules and prices of the carrier. Children up to 2. are not entitled to free baggage transportation. Darko-Tours assumes no responsibility for lost or damaged luggage. Claims for lost luggage should be made to the carrier or hotel. In the case of air transport, the airline company is solely responsible for the baggage, based on the regulations that apply in air traffic. In case of lost luggage, the passenger fills out the PIR form of the airline that carried out the transport and hands it over to the representative of the airline, keeping one copy for himself. On the basis of the completed form, the airline pays him compensation according to the regulations that apply in domestic and international passenger air traffic.
In case of loss of luggage at the hotel, the passenger submits a request to the hotel where the luggage was lost. We recommend paying for a luggage insurance policy.

14. Insurance in case of insolvency or bankruptcy of the tour operator

In case of insolvency or bankruptcy of the tour operator, passengers caught on the trip should contact the insurance company Croatia Osiguranje, Vatroslava Jagića 33, 10 000 Zagreb, phone: 091 1431 139, as soon as possible and provide the address or phone number where the insurance representative can contact them. This document is valid as a certificate of insurance in case of bankruptcy or insolvency of the tour operator. Guarantee insurance policy number: 298101000009

15. Liability insurance

In accordance with the Act on the provision of services in tourism, Darko-Tours has a contract (number 041101003136) with the insurance company Croatia Osiguranje on insurance against liability for damage caused to the traveler by non-fulfillment, partial fulfillment or irregular fulfillment of obligations related to the package arrangement.

16. Protection of personal data

The passenger provides personal data voluntarily. The passenger’s personal data is necessary in the process of realizing the agreed arrangements and will be used for further communication. Darko-Tours undertakes not to take personal data of travelers out of the country except for the purpose of realizing the agreed arrangements. The exception to the provision of personal data to third parties refers to the contracting of travel insurance policies, i.e. if the traveler takes out an insurance policy, then his personal data will be forwarded to the insurance company. The passenger’s personal data will be stored in the database, in accordance with the Decision on the method of collecting, processing and storing personal data. The traveler agrees that his personal data may be used for the purpose of Darko-Tours’ marketing campaigns.

17. Information

Notifications that the traveler receives orally at the check-in point do not bind the organizer to a greater extent than the notifications and information specified in the travel program itself.

18. Final provisions

These travel conditions and instructions exclude all previous travel conditions and instructions. General conditions and travel instructions are an integral part of the contract that the traveler enters into with Darko-Tours. The parties undertake to resolve possible disputes amicably. If this is not possible, in the event of a dispute, the court in Zagreb is competent, and Croatian law applies.

 

Darko-Tours d.o.o., for transportation, services and travel agency
Trnovec Desinički 2, 49 216 Desinić
HR-AB-49-080551786
OIB: 20762715596

This edition of the General Conditions applies from 03/28/2017.