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 organizer – DARKO TOURS PRIJEVOZ d.o.o., for transport services and travel agency (hereinafter DARKO TOURS PRIJEVOZ d.o.o., for transport services and travel agency) and the PASSENGER, i.e. the travel contractor in the event that the travel contractor enters into this contract in favor of a third person 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 (an employee of the DARKO TOURS PRIJEVOZ d.o.o. agency) and the PASSENGER and after the PASSENGER has paid the price of the tourist package in full or part of the price and has indisputably ensured 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 PRIJEVOZ d.o.o. receives the entire agreed amount of the price of the arrangement or, if it is expressly agreed, part of the agreed price and documentation that indisputably ensures payment of the remaining part of the price by the agreed date. The passenger can register for the trip at the DARKO TOURS PRIJEVOZ d.o.o. 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 PASSENGER guarantees that DARKO TOURS PRIJEVOZ d.o.o. has provided 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 provide Darko-Tours with all the necessary information and documents for obtaining a visa when registering or by the deadline specified in the program.
for the country you are traveling to. 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 cancellation insurance, but must cancel the trip and has a certificate of military service, illness or death, Darko Tours Prijevoz d.o.o. 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 Prijevoz d.o.o. 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 Prijevoz d.o.o. 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 passenger can, within 2 working days of receiving the notification from Darko Tours Prijevoz d.o.o., accept the changed program or reject it. 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 Prijevoz d.o.o. 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 Darko Tours Prijevoz d.o.o., after the start of the trip, 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 Prijevoz d.o.o. may, 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 the passenger for the price difference between the contracted and actually provided services. With the written consent of the passenger Darko Tours Prijevoz d.o.o.,
may replace the unperformed part of the service with another service, whereby the passenger waives the right to claims from Darko Tours Prijevoz d.o.o., for the mutually agreed and modified part of the trip in relation to the concluded travel contract. If Darko Tours Prijevoz d.o.o. could not adequately change the travel program or if the passenger does not accept the changes for justified reasons, Darko Tours Prijevoz d.o.o. will enable him to return to the place of departure or another place at his own expense, if the passenger agrees. , and compensate him for 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 Prijevoz d.o.o. is authorized to unilaterally terminate the contract in whole 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 would have existed at the time of the conclusion of the organizing contract trips were 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 the 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., za prijevoz, usluge i putničku agenciju Trnovec Desinički 2, 49 216 Desinić HR-AB-49-080551786 OIB: 20762715596
This edition of the General Conditions applies from 03/28/2017.