General Terms and Conditions
PREAMBLE
By using the services of TRAVEMO CLUB limited liability company for services, a travel Agency (hereinafter: the Agency), the user of the service (hereinafter: the traveler), expressly agrees to the provisions of the General Terms and Conditions of the Agency (hereinafter: the Terms) as binding in the obligatory legal relationships between the Agency and the traveler.
The Terms are published and continuously publicly available on the Agency’s website: www.travemoclub.com,, in Croatian and also in English language. When offering the use of Agency services and/or negotiating the use of Agency services, and before the commencement of using Agency services, travelers will have access to a link to the Terms in the Agency’s offer and/or will be directed to the existence and method of access to the Terms in the written offer.
To avoid any doubt, the information provided to travelers in the previous paragraph implies that by accepting the use of Agency services, travelers have also accepted the Terms as binding, as they were previously made aware of them and could influence their content.
In case of dispute regarding the meaning of individual provisions of the Terms, the Croatian language version shall prevail.
Additionally, whenever possible, the Agency will refer travelers to the existence and method of access to the general terms and conditions of the tourist agency whose services it sells and/or for which it acts as an intermediary, assuming that the indicated tourist agency has general terms and conditions.
DEFINITIONS
Certain terms within the meaning of the Terms have the following meanings:
–extraordinary circumstances that could not been avoided denote an exceptional situation beyond the control of the party invoking such a situation, the occurrence of which could not have been predicted earlier, and the consequences of which could not be prevented, rectified, and/or avoided, while all reasonable measures have been taken.
–non-compliance denotes the non-execution or improper fulfillment of travel services included in the package arrangement.
–repatriation means the return of the traveler to the place of departure or to another place agreed upon by the Agency and the traveler.
All other terms specific to the provision or use of the Agency services have meanings in accordance with the most closely related regulations of Croatian legislation, with the supplementary application of regulations of European Union law when their application is expressly provided for by a special regulation of Croatian legislation.
APPLICABLE LAW, LANGUAGE AND DISPUTE RESOLUTION
In obligatory legal relationships between the Agency and the traveler arising from the use of Agency services or related to the use of the Agency services, Croatian law is applicable, with the supplementary application of regulations of European Union law when their application is expressly provided for by a special regulation of Croatian legislation, while the Croatian language shall be authoritative.
The Agency and the traveler will endeavor to resolve all potential misunderstandings regarding the use of Agency services amicably. In the event they do not reach an agreement to settle all disputes arising from the of Agency services or related thereto, the competent court is the Commercial Court in Zagreb.
CONFIDENTIALITY OF INFORMATION AND BUSINESS SECRECY
All notices, data, calls and/or correspondence (hereinafter: information), regardless of the medium of communication, made between the Agency and the traveler in regarding the use of Agency services, are considered confidential information and represent a business secret within the meaning of related regulations of Croatian legislation. Information cannot be used in any other way except for purposes reasonably arising from the provision or use of Agency services, without the express written consent of the Agency and/or the traveler.
The Agency is particularly obligated to keep confidential everything it has learned about the traveler, and without his approval, except in cases prescribed by law, it must not disclose his address, place and time of travel, stay, paid price, nor the names of their companions.
The obligation to maintain the confidentiality of information remains in force even after the termination of the provision or use of Agency services.
If the Agency and/or the traveler violate the confidentiality of information, they are liable for damages to the other party if the damage resulted from the breach of the obligation to maintain confidentiality and/or confidentiality of information.
The Agency and/or the traveler are not responsible for the disclosure and/or use of information, solely on the condition that the information is or becomes already known to the public independently of the actions of the Agency and/or the traveler, or must be disclosed based on the law and/or according to the request of public authorities.
PERSONAL DATA PROTECTION
Travelers provide their personal data to the Agency voluntarily, to the extent necessary for the purpose of providing or using the Agency services.
The Agency will use the personal data provided by travelers solely in connection with providing or using Agency services.
The processing of traveler’s personal data is subject to regulations governing the protection of personal data under Croatian law, with the supplementary application of regulations of European Union law when their application is expressly provided for by a special regulation of Croatian legislation.
The Agency will store traveler’s personal data in accordance with its own Personal Data Protection Policy.
The Agency’s website may contain links to other websites. The Agency is not responsible for the privacy practices of such websites, so users are advised to review the privacy statements of each website they access.
Cookies enable the Agency to collect statistical data about user behavior on the Agency’s website (for example, but not limited to; on which parts of the website users stay the longest, where the shortest, which web browser is used, etc.). Cookies are small sets of data sent from the Agency’s website server to the user’s computer and serve as an anonymous identifier. Cookies are also used to facilitate navigation through the website. Cookies are not used to access user data or to track user activities after leaving the Agency’s website.
The Agency reserves the right to use cookies on its website, but every user can refuse to accept cookies by adjusting/changing settings in their web browser.
TRAVELERS COMPLAINTS PROCEDURE
Travelers have the right to personally submit a written complaint to the Agency regarding the provision or use of the Agency services via email to the address: info@travemoclub.com.
In the complaint, the traveler is obliged to expressly indicate the email address to which the Agency can confirm receipt of the complaint and/or send a response to the complaint.
If the Agency has valid proof of the timely sending a confirmation of receipt of the complaint and/or a response to the complaint to the address indicated in the previous paragraph, it is considered to have duly fulfilled its obligation under the following paragraph, regardless of whether the traveler, without fault of the Agency and/or a third party, did not receive the aforementioned confirmation of receipt of the complaint and/or response to the complaint.
In the event of a complaint, the Agency is obliged to confirm receipt of the complaint to the traveler without delay, and no later than within 3 working days from the date of receipt of the complaint, or respond to the complaint in writing within 15 days from the date of receipt of the complaint.
The Agency is obliged to prominently display information on the terms and procedures for filing traveler complaints on its website.
The Agency is required to keep written records of all traveler’s complaints for a period of one year from the date of receipt of each individual traveler complaint.
AGENCY OBLIGATIONS
The Agency undertakes to provide the traveler with services that have the content and characteristics specified in the reservation (program) and during the provision or use of the services, to take care of the interests and rights of the traveler in accordance with the applicable regulations of Croatian legislation, with the supplementary application of regulations of European Union law when their application is expressly provided for by a special regulation of Croatian legislation.
For the service provided, the Agency will issue an invoice to the traveler as the service user, in accordance with specific list governing the issuance and retention of invoices.
TRAVELERS OBLIGATIONS
The traveler is obliged to timely provide the Agency with all necessary data for the realization of the Agency’s services and to promptly inform the Agency in writing about all subjective and objective circumstances that could, actually and/or potentially, prevent, jeopardize, and/or significantly hinder the regular provision of the Agency’s services in terms of their scope and/or quality or lead to actual or potential non-conformities (for example, but not limited to; specific health reasons on the part of the traveler, personal dietary preferences such as vegetarianism, veganism, etc., restrictions related to travel and other documents, restrictions related to proceedings before competent public authorities of the country in which services are to be provided, the traveler’s country of residence and/or third countries, etc.).
If due to the traveler’s failure to timely inform the Agency of the circumstances from the previous paragraph, the regular provision of Agency services becomes excessively difficult or would cause excessive loss to the Agency, the Agency has the right to demand that the agreed provision of services be modified or even terminated to the detriment of the traveler.
The traveler is obliged, without exception, for the entire duration of the use Agency services, in public spaces, during transportation by all means of transport, in hospitality, hotel and other accommodation facilities for travelers, to comply with public regulations, house rules, restrictions and rules of conduct applicable to specific spaces and/or institutions (for example, museums, cultural monuments, protected natural areas, national parks, etc.) and cooperate with the Agency’s representative in good faith.
In the event of a breach of the obligation from the preceding paragraph, the traveler is solely responsible for all resulting damage caused to themselves, the Agency and/or third parties. If the Agency is obliged to compensate for such damage to third parties, it has the right of recourse against the traveler for the amount of the damage compensated to third parties, increased by all related costs and interest.
Travelers are required to comply with border, visa, customs and other public regulations of the countries they pass through and in which they use Agency services. In case of impossibility to start and/or continue the journey due to the violation of the aforementioned regulations by the traveler, all incurred costs and possible damage are borne solely by the traveler.
Travelers are obliged to possess valid personal and travel documents (identity cards, passports, visas, etc.) necessary for the proper fulfillment of the Agency services. Invalid documents, which result in abandonment and/or impossibility to continuing the journey, do not bind the Agency, nor for the same reason can the Agency be liable to the traveler on any basis and/or incur costs to the traveler or third parties.
Travelers are responsible for keeping their travel documents and related documentation throughout the journey. In case of loss or theft of travel documents or related documentation during the journey, the traveler bears the costs of issuing new and/or temporary replacement documents.
TERMS, CONTENT AND PRICE OF AGENCY SERVICES
The Agency will timely make available to the traveler and publish the terms of service provision, the main features of the service, the price of the service, and related information (terms, payment schedule, and method) in Croatian or in a foreign language (usually English) depending on the language in which it offers its services.
The publication by the Agency in the previous paragraph contains a descriptive overview of the reserved travel program, dates of provision of individual services, description of the content and possible conditions of provision of individual services, total price of the service depending on the relevant parameters of such price (e.g., number of travelers, period of service utilization, etc.), costs not included in the total price of the service, and all additional costs that actually and/or potentially burden the traveler (e.g., ticket prices, fees, etc.), all information about transportation, accommodation, and all related additional services (e.g., meals, etc.), tourist guides and/or tour leaders, as well as any other information if relevant for the agreed provision or use of Agency services in accordance with the applicable regulations of Croatian legislation, with the supplementary application of regulations of European Union law when their application is expressly provided for by a special regulation of Croatian legislation.
The provisions of the preceding paragraph do not apply to excursions and package arrangements and related travel arrangements that cover a period shorter than 24 hours, unless overnight stay is included.
The aforementioned obligations of the Agency regarding information and the content of services bind the Agency and the traveler and cannot be changed unless the Agency and the traveler explicitly agree otherwise.
In the event described in the preceding paragraph, the Agency is obliged to timely, clearly, and comprehensibly, in written form, in Croatian and/or English language, present to the traveler any possible changes regarding the terms, content, and price of services, explicitly request the traveler’s consent to those changes, indicating the valid email address through which the traveler can respond to the Agency and within what period, which period cannot be shorter than 3 working days from the date when the traveler received such notification from the Agency. In case the traveler does not respond to the Agency within the given period, it is considered that the traveler has fully accepted the proposed changes.
The Agency lists catering facilities, hotels, and other accommodations exclusively according to the official categorization and services of the respective accommodation or facility, which are in force in the country where the services are provided at the moment when the traveler requested and/or accepted the Agency’s offer for service provision. If there is no official categorization available, then according to the categorization published by the catering facility or hotel and other accommodations on their official websites or by other means.
The standards of catering services, accommodation, and other related services vary depending on the individual provider of such services and are not mutually comparable. The Agency does not assume responsibility for any oral or written information that the traveler may receive from any third party and/or through any media (social networks, etc.), if such information does not correspond to the description of the content, terms, and price of services published to the traveler by the Agency.
PROCEDURE FOR RESERVINGING AGENCY SERVICES, METHOD AND TERMS OF PAYMENT
In the absence of a different agreement, the contract for the provision of services between the Agency and the traveler, as well as the reservation of the services offered by the Agency, shall be deemed concluded and mutually binding at the latest when the traveler pays the Agency an advance payment amount or percentage of the total service price, or when this is done on behalf and for the account of the traveler by the tourist Agency whose services the Agency sells and/or for which it acts as an intermediary, or when it is done by the tourist Agency on behalf of the Agency whose services the Agency sells and/or for which it acts as an intermediary.
The amount of the initial advance payment, associated deadlines, method and schedule of payments up to the full price of the service including taxes, and, if necessary, all additional fees, charges, and other costs, or if these costs cannot reasonably be calculated in advance, an indication of the type of additional costs the traveler may incur, as well as financial guarantees that the traveler needs to pay or secure, shall be defined and timely provided to the traveler in special travel conditions.
For everything not specified in the contract and/or written confirmation of the travel contract, and/or Special travel conditions, the Terms are equally valid.
CHANGES IN PRICES AND OTHER TERMS OF CONTRACTED SERVICES
The Agency reserves the right to change the date and/or time of traveler arrival/departure due to changes in flight schedules or other unforeseen circumstances in all types of transportation, as well as the right to change destinations, routes, and travel plans if changes are associated with travel conditions (for example, but not limited to: changed flight schedules, transportation-related strikes, the introduction of extraordinary security conditions in a particular country, natural disasters, and other extraordinary circumstances that could not be avoided).
The Agency has the right to increase the contracted price of services, with an identical right of the traveler to a price reduction, which changes in prices are a direct consequence of a change:
a) prices of traveler transport arising from fuel and/or other energy sources costs;
b) heights of taxes or fees for contracted travel services, determined by third parties not directly involved in the execution of package deals, including tourist taxes, landing fees, or embarkation and disembarkation fees at ports and airports;
c) exchange rates relevant to the provision or use of Agency services.
In case of a price reduction, the Agency has the right to deduct actual administrative costs from the refund amount owed to the traveler.
The Agency specifically reserves the right to subsequently demand an increase in the service price proportionate to the inflation rate calculated based on the consumer price index data from the Croatian Bureau of Statistics, calculated for the period starting from the date of concluding the travel contract as the base (initial) month and the moment when the Agency sends the traveler a notification of activating this clause as the final month.
The Agency specifically reserves the right to subsequently demand a proportionate increase in the service price, which increase is solely due to a subsequent change in the terms and/or prices on the part of the ultimate service provider (for example, but not limited to; increase in deposit when booking hotel accommodation).
The terms for changes in service prices are subject to the applicable regulations of Croatian legislation, with supplementary application of the regulations of the European Union when explicitly provided by a special regulation of Croatian legislation.
The Agency has the option to unilaterally modify the terms of the travel contract in the package arrangement before the start of the package arrangement, provided such right is expressly stipulated in the contract, and if the change is insignificant and when such right of the Agency is not provided in the contract. The Agency is obliged to promptly inform the traveler of the aforementioned changes.
If, before the start of the package arrangement, the Agency is compelled to significantly modify any of the essential features of the contracted services and/or cannot fulfill special requests from travelers that the Agency previously accepted and/or proposes an increase in the price of the package arrangement by more than 8%, the traveler may, within a reasonable period:
a) accept the proposed modification; or
b) terminate the contract without paying a termination fee.
In the event described in the preceding paragraph, the Agency will set a deadline and medium for delivering the notice to the traveler, which shall not be shorter than 3 working days from the date the traveler receives such notice from the Agency, for written confirmation of whether they accept the proposed modification(s) or wish to terminate the contract. If the traveler does not provide a written response to the Agency within the specified period, the contract is considered terminated.
If the traveler terminates the travel contract in the package arrangement, the traveler may accept a replacement package arrangement, preferably of equal or higher quality, if offered by the Agency.
Offering an increase in the price of the package arrangement is not possible later than 20 days before the start of the trip, and offering changes to other contract terms is not possible after the start of the trip.
If changes to the travel contract in the package arrangement or the replacement package arrangement result in a package arrangement of lower quality, the traveler has the right to an appropriate price reduction. For comparison of the quality level of services related to hospitality facilities and hotel and other accommodation, the official categorization of services of the relevant accommodation or facility, applicable at the time when the traveler requested and/or accepted the Agency’s offer for service provision, shall be considered. If such categorization is not available, then the categorization published by the hospitality facility or hotel and other accommodation on their business websites or by any other means shall be considered.
When comparing the quality level of services related to hospitality facilities and hotel and other accommodations, the seasonality factor in price fluctuations between the reservation of the original service and the reservation of alternative travel arrangements is taken into account.
If the traveler terminates the package travel contract and does not accept an alternative package arrangement, the Agency is obliged, no later than within 14 days from the day the traveler notified the Agency of the termination of the contract, to refund all payments made in favor of the traveler and compensate the traveler for any actual damages suffered as a result of non-compliance.
In the event described in the preceding paragraph, the Agency is relieved of liability for compensating the traveler for damages if:
a) the non-compliance can be attributed to the traveler;
b) the non-compliance can be attributed to a third party not involved in the provision of travel services covered by the package travel contract and if the non-compliance is unforeseeable or unavoidable;
c) the non-compliance arises due to extraordinary circumstances that could not have been avoided.
The Agency’s liability for compensation for damages that are not due to bodily injury or that the Agency has not caused intentionally or through gross negligence may be contractually limited in the package travel contract to an amount up to a maximum of three times the total price of the package arrangement.
If the scope of compensation that the service provider of the travel service, which is part of the package arrangement, is obligated to pay is limited by international conventions binding on the European Union or by laws based on them, or if the conditions under which the service provider is obligated to compensate for such damages are restricted, in that case, the same assumptions, limitations, and exclusions apply to the Agency accordingly, and the Agency can rely on them in relation to the traveler.
Compensation for damages or a reduction in price to which the traveler is entitled under Croatian law and compensation for damages or a reduction in price to which the traveler is entitled under international conventions and regulations of the European Union, when the application thereof is expressly provided for by a specific provision of Croatian legislation, are set off against each other to avoid excessive compensation and/or excessive reduction in price.
RIGHT TO TERMINATE AND RENOUNCE TRAVEL SERVICES
If the traveler terminates the travel contract with the Agency and/or with the tourist agency whose services the Agency sells and/or for which it mediates, the Agency has the right to demand payment of a monetary compensation from the traveler for termination of the contract.
The compensation from the preceding paragraph is usually determined in case of contract termination/cancellation of travel as follows:
a) for the period 90 days or more before the start of the package arrangement – no fee;
b) for the period between 60 days and 90 days before the start of the package arrangement – 20% of the total price of the package arrangement;
c) for the period between 45 days and 60 days before the start of the package arrangement – 50% of the total price of the package arrangement;
d) for the period between 30 days and 45 days before the start of the package arrangement – 80% of the total price of the package arrangement;
e) for the period of 29 days or less before the start of the package arrangement or in case of non-appearance of the traveler – 100% of the total price of the package arrangement.
Regardless of the foregoing, the Agency will specify in the special terms related to the provision of each travel service and/or package arrangement the modality of payment of the monetary compensation for contract termination, and these provisions shall prevail.
When calculating the final compensation that the traveler is obliged to pay, the Agency will take into account the cost savings actually achieved by the Agency in connection with such contract termination and the revenue generated from providing the same service to another (new) user.
The traveler has the right to terminate the travel contract for the package arrangement before the start of the package arrangement without paying any contract termination fee, only in the event of extraordinary circumstances that could not be avoided, occurring at the destination or in its immediate vicinity and significantly affecting the fulfillment of the package arrangement or significantly affecting the arrival/transportation of travelers to the destination.
In the event specified in the preceding paragraph, the traveler has the right to a full refund of all payments made for the package arrangement, but is not entitled to additional compensation.
The Agency is obliged to refund to the traveler all payments made in favor of the traveler, reduced by an appropriate contract termination fee, no later than 14 days from the date when the traveler has notified the Agency in writing of the termination of the travel contract for the package arrangement.
The Agency may terminate the travel contract for the package arrangement in a timely manner and fully refund to the traveler all payments received for the package arrangement, without the obligation to compensate the traveler, if the number of persons registered for the package arrangement is less than the minimum number specified in the contract and/or special travel terms or package arrangement, and if the Agency notifies the traveler no later than:
a) 20 days before the start of the package arrangement for trips lasting more than six days;
b) 7 days before the start of the package arrangement for trips lasting between two and six days;
c) 48 hours before the start of the package arrangement for trips lasting less than two days.
The Agency may terminate the travel contract for the package arrangement before the start of the package arrangement and fully refund to the traveler all payments received for the package arrangement, without the obligation to compensate the traveler, if extraordinary circumstances that could not be avoided prevent the Agency from duly performing the contract and if the Agency informs the traveler of the contract termination without undue delay before the start of the package arrangement.
In the aforementioned cases of contract termination by the Agency, the Agency forfeits the right to the agreed price of the package arrangement and is obliged to refund to the traveler all payments made in favor of the traveler no later than 14 days from the date of contract termination.
RESPONSIBILITY FOR THE PERFORMANCE OF SERVICES
The traveler is obliged, without undue delay and taking into account the circumstances of the case, and no later than within 24 hours, to notify the Agency of each individual non-conformity discovered during the performance of the service.
In the event of the preceding paragraph, at the request of the traveler, the Agency is obliged to correct the indicated non-conformity, unless it is not possible or if rectifying the non-conformity would incur disproportionate costs considering the extent of the non-conformity and the value of the service affected by it.
If the Agency does not correct the non-conformity for the reasons stated in the preceding paragraph, the traveler has the right to an appropriate price reduction for each period during which the non-conformity existed (in proportion to the extent to which the non-conformity affects the agreed quantity and/or level of service), unless the non-conformity can be attributed to the traveler, as well as compensation for actual damages suffered.
In the event of the preceding paragraph, the Agency shall be released from liability for compensation for damages to the traveler if:
a) the non-conformity can be attributed to the traveler;
b) the non-conformity can be attributed to a third party not connected with the provision of travel services covered by the package travel contract and if the non-conformity is unforeseeable or unavoidable;
c) the non-conformity arises due to extraordinary circumstances that could not have been avoided.
The Agency’s liability for compensation for damages resulting from non-conformity, which does not result in bodily injury or which the Agency did not cause intentionally or through gross negligence, may be limited in advance in the package travel contract to an amount up to a maximum of three times the total price of the package arrangement.
If the scope of compensation for non-conformity that the service provider, who is part of the package arrangement, is obligated to pay is limited by international conventions binding on the European Union or by legal regulations based on them, or if the conditions under which they are obliged to compensate for such damage are limited, in that case, the same assumptions, limitations, and exclusions apply to the Agency in a corresponding manner, and the Agency may invoke the same against the traveler.
Compensation for damages or a price reduction due to non-conformity to which the traveler is entitled under Croatian law and compensation for damages or a price reduction due to non-conformity to which they are entitled under international conventions and regulations of the European Union when their application is expressly provided for by a special provision of Croatian legislation, are deducted from each other to avoid excessive compensation and/or excessive price reduction.
If the Agency does not correct the non-conformity that it is obliged to correct within a reasonable period specified by the traveler, the traveler may do so themselves and claim reimbursement only for necessary expenses. The amount of necessary expenses is assessed based on the usual prices applicable in the country where the service is provided or used at the time the action to correct and/or remove the non-conformity is taken. The traveler is not obliged to specify a reasonable deadline for the Agency to correct the non-conformity if the Agency has refused to correct the non-conformity or if the non-conformity must be corrected immediately under the circumstances.
If a significant part of the travel services cannot be provided, the Agency is obliged to offer the traveler appropriate alternative arrangements to continue the package arrangement, preferably of equal or higher quality than those specified in the contract, at no additional cost to the traveler, including in cases where repatriation has not been provided to the traveler.
If the Agency proposes alternative travel arrangements to the traveler resulting in a lower quality package arrangement than agreed, the Agency is obliged to grant the traveler an appropriate price reduction (in proportion to the extent to which the alternative travel arrangement demonstrably represents a lower quality arrangement than the agreed one).
The traveler may reject the proposed alternative travel arrangements only if they are not objectively comparable to what was agreed or if the approved price reduction is inadequate.
When comparing the quality level of services related to catering facilities and hotel and other accommodation, the official categorization of services of the relevant accommodation or facility is relevant, which is valid for such accommodation or facility in the country where the services are provided at the time when the traveler requested and/or accepted the Agency’s offer for the provision of services, and if there is no official categorization, then according to the categorization published by the catering facility or hotel and other accommodation on their business websites or published in another way.
When comparing the quality level of services related to catering facilities and hotel and other accommodation, the seasonality factor in price fluctuations between the reservation of the original service and the reservation of alternative travel arrangements is taken into account.
If the non-conformity significantly affects the performance of the package arrangement as a whole and if the Agency has not corrected the non-conformity within a reasonable period specified by the traveler, the traveler may terminate the package travel contract without paying a termination fee and may demand, if necessary, an appropriate price reduction or compensation for actual damages.
If it is objectively not possible to provide alternative arrangements and/or if the traveler rejects the proposed alternative arrangements without a justified and reasoned reason, the traveler has the right, if necessary, to an appropriate price reduction or compensation for actual damages, without terminating the package travel contract.
If the package arrangement includes travelers transport, in cases of the previous two paragraphs, the Agency is obliged to provide repatriation of the traveler without undue delay with equivalent transportation and without additional costs to the traveler.
When due to extraordinary circumstances that could not have been avoided, repatriation of the traveler is not possible, the Agency is obliged to bear the costs of necessary accommodation for up to three nights per traveler, if possible, in an equivalent category of accommodation as agreed. When comparing the quality level of services related to catering facilities and hotel and other accommodation, the official categorization of services of the relevant accommodation or facility is relevant, which is valid for such accommodation or facility in the country where the services are provided at the time when the traveler requested and/or accepted the Agency’s offer for the provision of services, and if there is no official categorization, then according to the categorization published by the catering facility or hotel and other accommodation on their business websites or published in another way.
When comparing the quality level of services related to catering facilities, hotel and other accommodation, the seasonality factor in price fluctuations between the reservation of the original service and the reservation of alternative travel arrangements is taken into account.
If directly applicable EU legislation and/or EU law regulations when their application is expressly provided for by a special provision of Croatian legislation regarding the rights of travelers applicable to relevant means of transport for the repatriation of travelers provide for longer periods, those periods apply.
The limitation on the costs of necessary accommodation from the previous paragraph does not apply to persons with reduced mobility, as defined in Article 2(a) of Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air (OJ L 204, 26.7.2006), as well as to any accompanying persons, pregnant women, unaccompanied minors, and persons requiring special medical assistance, provided that the Agency has been informed in writing of their special needs at least 48 hours before the start of the package arrangement and that appropriate evidence of such circumstances has been provided to the Agency, where possible and/or applicable.
In the event of the preceding paragraph, the Agency is obliged to bear the costs of necessary accommodation according to objective circumstances, no later than the cessation of such extraordinary circumstances that previously prevented the repatriation of travelers.
The Agency cannot invoke extraordinary circumstances that could not have been avoided to limit liability for bearing the costs of necessary accommodation if the carrier of transport services cannot invoke such circumstances in accordance with the applicable legislation of the European Union.
The Agency is obliged, without undue delay, to provide appropriate assistance to travelers in difficulty, especially in circumstances where, due to extraordinary circumstances that could not have been avoided, repatriation of travelers is not possible, including in particular:
a) by providing appropriate information about healthcare services, local authorities, and consular assistance;
b) by assisting the traveler in establishing remote communication and finding alternative travel arrangements.
If the traveler has caused the difficulty intentionally or due to negligence, the Agency has the right to charge the traveler a reasonable fee for the assistance provided in the preceding paragraph, which cannot exceed the actual costs incurred by the Agency. Ordinary negligence on the part of the traveler is presumed.
INSURANCE AND OTHER INFORMATION
When acting as the organizer of the travel service, the Agency will offer the traveler appropriate insurance primarily by referring to the options for contracting such insurance with the travel agency whose services it sells and/or for which it acts as an intermediary; insurance against accidents and illness while traveling, damage and loss of luggage, voluntary health insurance during travel and stay abroad, cancellation insurance, and insurance covering the costs of assistance and repatriation of travelers to the place of departure in case of accidents and illness. The traveler will be directed to the travel agency whose services it sells and/or for which it acts as an intermediary to inquire about the content of such insurance and the general terms of the insurance contract.
The central contact point for administrative cooperation with the central contact points of other contracting states of the Agreement on the European Economic Area regarding protection in the event of insolvency, which the organizer is obliged to apply, is: Ministry of Tourism and Sports of the Republic of Croatia, Prisavlje 14, 10000 Zagreb, email: pisarnica@mints.hr , +385 1 6161 222.
For all consular information (including, but not limited to; travel recommendations, travel documents, visas, stay of foreign citizens, customs, public health information, etc.), the only authoritative sources are those officially published by the respective country on the websites of its competent public authorities (usually the Ministry and/or other state administration body responsible for foreign affairs and policy).