Travel conditions of the company: Istria Charter & Depot d.o.o.

1. conclusion of the travel contract

The customer's registration constitutes a binding offer to conclude a travel contract. It can be made in writing, orally, by telephone or via the Internet. The travel contract is concluded upon receipt of the written travel confirmation by us.

If the content of the travel confirmation differs from the content of the registration, this constitutes a new offer. The travel contract is concluded on the basis of this new offer if the customer agrees. The consent can be made by explicit or conclusive statement, in particular the payment of the travel price, the deposit or the start of the trip.

If these travel conditions are not available when registering by telephone, they will be sent with the travel confirmation. They become part of the travel contract.

These terms and conditions apply exclusively to the travel contract. Other conditions do not become part of the contract, even if we do not expressly object.

2. services

The scope of the contractual services results from the service description of the respective valid offer and from the information in the travel confirmation. The information contained in brochures and on our website is binding for us. We expressly reserve the right to announce any changes to the brochure or Internet information before a booking.

Changes and deviations of individual travel services from the agreed content of the travel contract, which become necessary after the conclusion of the contract, and which were not caused by us against good faith, are permitted, as long as they are not substantial and do not significantly affect the design of the booked trip.

Warranty claims shall remain unaffected insofar as the modified services are defective.

In the event of services not being used, in particular in the event of an early return, we shall endeavor to obtain reimbursement from the service providers for the expenses saved. The obligation does not apply if the services are insignificant or if legal or official regulations conflict with this.

If the agreed departure date is more than 4 months after the conclusion of the contract, we reserve the right to increase the contractually agreed travel price in order to take into account an increase in transport costs, charges for certain services such as port and airport fees or a change in the exchange rates applicable to the trip in question. The price increase request is only permitted up to 21 days before the agreed departure date. A price change is only possible to the extent that changes in the price of the transportation, taxes or the exchange rates applicable to the trip, which demonstrably occurred after the conclusion of the travel contract, affect the respective concretely calculated price portion of the contractually agreed travel price. In the event of a price increase of more than 5% of the tour price, the customer may withdraw from the contract or demand participation in another tour of at least equal value, if we are able to offer such a tour from our range without additional charge.

The customer must be informed immediately of any changes, price increases or deviations. If necessary, we will offer the customer a free rebooking or a free withdrawal.

In the event of a significant change to an essential travel service, the customer is entitled to withdraw from the travel contract at no cost or to demand participation in an equivalent trip if we are able to offer such a trip from our range of services at no extra cost to the customer. The customer must assert these rights immediately upon receipt of our declaration regarding the change in the travel service.

3. payments, travel documents

Upon receipt of the written travel confirmation and delivery of the security certificate, a payment claim of 30% of the tour price is due. The remaining payment is due 30 days before departure without further request.

For travel registrations from 30 days prior to departure, payment of the entire travel price is due upon receipt of the travel confirmation and the security certificate.

For flight-only bookings, the deposit is 100%.

If the down payment or the final payment is not received in time and if no payment is made even after a request with a deadline, we are entitled to withdraw from the contract. In this case, the cancellation fees shown in section 4 below will be due.

The customer receives all travel documents in good time before the start of the trip.

If for time reasons it is not possible to send the original documents by mail, the vouchers will be sent by fax or e-mail. Additional costs due to special forms of dispatch are to be borne by the customer.

If the customer has not received the travel documents at least 5 days before the start of the trip, he must contact us immediately.

4. withdrawal of the customer, rebooking

The customer can withdraw from the trip at any time before the start of the trip. This is done by declaration of withdrawal to the organizer. In the event of withdrawal, the customer is obliged to return travel documents that have already been handed out.

In the event of withdrawal from the travel contract, we are entitled to claim reasonable compensation, taking into account the expenses usually saved and the acquisition usually possible through the alternative use of the travel service. We are also entitled to assert a lump-sum cancellation fee, which is calculated as a percentage of the travel price attributable to the customer as follows:

Apartments, cottages, apartments, hotels, hotel facilities, yachts, pleasure boats, own events:

up to 30. day before travel start 30 % of the travel price

from the 29th day before the start of the trip or in case of no-show 100% of the tour price.

Additional services (excursions, leisure activities):

up to 30 days before departure 30 % of the tour price

from the 29th day before departure or in case of no-show 100% of the tour price

For trips connected with the purchase of tickets (musicals or similar) 100% from the day of booking.

For some special dates and destinations different costs may apply. Special cancellation conditions also apply to special tours for individuals and groups. The deviating cancellation costs will be communicated to the customer at the time of booking.

The customer shall be at liberty to prove that we have incurred no damage or significantly less damage than the flat rate demanded.

Rebooking requests of the customer, if their implementation is possible in terms of time, can only be implemented after withdrawal from the travel contract under the above conditions and simultaneous new registration.

Until the start of the trip, the customer may request that a third party take his place in the rights and obligations arising from the contract. We can object to the entry of the third party if he does not meet the special travel requirements or legal regulations or official orders of the travel country are contrary. If a third party enters into the contract, he is jointly and severally liable with the customer for the tour price and the additional costs incurred by the entry.

5. withdrawal of the tour operator

If an expressly advertised minimum number of participants is not reached, we are entitled to cancel the trip up to 2 weeks before departure. In this case, any travel price already paid will be refunded immediately.

If, after exhausting all possibilities, it is not reasonable for us to carry out a trip because the number of bookings for this trip is so low that the costs incurred in relation to the trip are not covered, we are entitled to cancel this trip up to 4 weeks before the start of the trip, provided that the customer is made an equivalent alternative offer.

A right of withdrawal is excluded if we are responsible for the circumstances leading to the withdrawal or are not able to prove these circumstances.

If the customer does not make use of the replacement offer, the already paid travel price will be refunded. Further claims are excluded.

We are entitled to withdraw from the travel contract without notice if the customer disturbs the execution of the trip so significantly or behaves in a significant manner contrary to the contract that the immediate cancellation of the contract is also justified for the protection of other fellow travelers.

In this case, we retain the right to the full travel price less the value of the saved expenses, which we obtain from an alternative use of unused services, including the amounts brought by our service providers.

6. cancellation of the contract due to extraordinary circumstances

If the trip is significantly impeded, endangered or impaired as a result of force majeure unforeseeable at the time of conclusion of the contract, both contracting parties may terminate the travel contract. In the event of cancellation before the start of the trip, the customer will be refunded the price paid for the trip. A further claim does not exist. We can demand payment for services already rendered.

If the aforementioned circumstances arise after the start of the trip, the travel contract can also be cancelled by both parties. In this case, we will take the necessary measures as a result of the cancellation of the contract. We are entitled to claims for compensation for travel services already rendered or still to be rendered. Additional costs for return transportation shall be borne by both parties in equal parts, further additional costs (e.g. costs for longer stay at the destination) shall be borne by the traveler.

7. liability

Our contractual liability for damages that are not bodily injuries is limited to twice the travel price, unless the damage was caused intentionally or by gross negligence. The same applies insofar as we are responsible for the damage solely due to the fault of a service provider.

We are liable for all claims for damages against us arising from tort, which are not based on intent or gross negligence, for property damage up to 4,100 EUR. If the double travel price exceeds this amount, the liability for property damage is limited to the amount of three times the travel price. The maximum liability amounts apply per traveler and trip.

If limitations of liability are provided for by us in international agreements or other laws or regulations based on such for service providers, we may invoke these in the event of corresponding damage claims

We are not liable for service disruptions in connection with services that are expressly described in the brochure or our Internet presence as being arranged on behalf of third parties and are recognizable as third-party services, unless there is intent or gross negligence.

8. warranty

If the trip is significantly impaired as a result of a defect, the customer may reduce the tour price or terminate the contract.

For the duration of a non-contractual provision of the travel service, the customer may demand a corresponding reduction of the tour price (reduction). A reduction does not occur if the traveler fails to report the defect.

Termination shall only be permissible if we have allowed a reasonable period of time specified by the customer to elapse without providing the requested remedy. Such a deadline shall not apply if remedy is impossible or refused by us, or if termination of the contract is justified by a special interest of the customer.

As a rule, the customer can only claim damages for non-performance if the travel defect is so significant that a reduction in the travel price of at least 50% is justified.

The customer owes us the portion of the travel price attributable to the services used, if and insofar as these services were of interest to him.

The assignment of claims for damages or warranty claims arising from the trip, for whatever legal reason to third parties, including spouses, is excluded. Also excluded is the judicial assertion of claims of other travel participants in their own name.

The tour guide appointed by us or acting on our behalf is not authorized to acknowledge claims.

9. cooperation obligations of the customer

The customer is obliged to inform the local tour guide immediately in case of complaints, so that the tour guide can take care of remedy, if remedy is possible. If the customer culpably fails to report a defect, a claim for reduction or damages does not occur.

In the case of accommodation, any complaints must be reported immediately to the landlord or his representative. If these are not available, the defects must be reported to us immediately.

If luggage is lost or damaged on flights, the customer must file a damage claim with the airline on the spot within 7 days. In the absence of a damage report, claims against us are forfeited.

The customer will be informed by us about provisions of passport, visa and health regulations and their possible changes before departure, and that there are no special circumstances in the person of the customer. Such circumstances can not be taken into account unless this has become an express part of the travel contract.

We are not liable for the timely issuance and receipt of any necessary visas by the respective diplomatic representation if the traveler has commissioned us to obtain them, unless we are responsible for the delay.

The traveler is responsible for compliance with all important regulations for the implementation of the trip itself. All disadvantages, in particular the payment of costs arising from non-compliance with these regulations, shall be borne by him, unless they are caused by culpable misinformation or failure to provide information on our part.

10. preclusion periods, statute of limitations

Claims for non-contractual performance of the trip must be asserted by the customer against us within one month after the contractually agreed end of the trip. After expiry of the deadline, the customer may only assert claims if he was prevented from complying with the deadline through no fault of his own. The assertion must describe the individual complaints in terms of type, extent and scope so precisely that we are able to verify the individual components.

The contractual claims of the customer due to defects of the trip expire in one year, calculated from the day following the day of the contractually intended end of the trip. If the last day of the period falls on a Sunday, a public holiday recognized by the state at the place of declaration or a Saturday, the next working day shall be deemed the end of the period.

11. other provisions and agreements

Any individual agreements made in individual travel contracts shall take precedence over these general terms and conditions.

The data provided to us will be processed, stored and passed on by EDP within the scope of the purpose of the contract. Personal data will be protected in accordance with the Federal Data Protection Act.

Obvious printing and calculation errors entitle us to contest the travel contract.

The above provisions shall only apply if and to the extent that statutory provisions coming into force after printing do not provide for other regulations.

The invalidity of individual provisions does not result in the invalidity of the entire travel contract.

Invalid contractual terms shall be replaced by the statutory provisions.

If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract shall be our place of business. The same shall apply if the customer does not have a general place of jurisdiction in Croatia or if his place of residence or habitual abode is unknown at the time the action is brought.

The contracting parties agree on the application of Croatian law.