General Terms and Conditions

1. GENERAL PROVISIONS AND CONTENT OF THE SERVICE

These General Terms and Conditions are an integral part of the contract which the AWAY Travel Agency concludes (hereinafter: the Agency), or in its name an authorised agency, and a traveller who applies for an arranged trip organised by the Agency. In the case that an individual provision in the programme is arranged differently to that arranged in these General Terms and Conditions, the provisions mentioned in the programme apply. In the case of telephone sales, or sales over the Internet, it is considered that the traveller has accepted these General Terms and Conditions when by telephone and over the Internet they have agreed upon the trip in question. These General Terms and Conditions are also publicly available on the website of the Agency: www.away.hr. These General Terms and Conditions do not apply to the purchase of airline tickets and the sale of arrangements organised by other providers of tourist arrangements, as well as for the conditions of health insurance, where the Agency acts as an intermediary and accordingly therein the general terms and conditions of the insurance company are applied. The Agency guarantees the carrying out of tourist services according to the programme and/or promotional material which you have received. The Agency will implement the contents of the tourist service fully and in the described way, unless in exceptional circumstances (war, riots, strikes, terrorist acts, sanitary disruptions, natural disasters, inventions by local authorities, unexpected changes to travel timetables, aeroplane delays and other transport means, bad weather conditions, traffic accidents and alike). The Agency is not responsible for the implementation of a tourist service of which it is not the liable organiser but only mediates in the sale. The Agency is not responsible for any possible errors in printed matter or on Internet pages nor for any subsequent changes in new editions of promotional materials and programmes prior to the finalising of a contract and so in that sense the information mentioned in the contract is considered relevant, and not that in the promotional material or on Internet pages.

2. APPLICATIONS AND PAYMENTS (TRAVEL ARRANGEMENT)

Applications for tourist services can be made by providing the necessary information by e-mail, post or via the Internet. On the basis of a received application the Agency will offer the traveller a contract which is considered binding after the contracted parties have signed it or in another way clearly confirmed their consent (e-mail, the handing over of credit card details, payment to a giro bank account) and when the Agency receives the corresponding payment by the agreed deadline. Upon application the traveller is obliged to provide all the information and/or documents necessary for the realisation of the tourist service and is responsible for any damage to themselves or the organiser of the trip which arise due to the submission of incorrect and/or incomplete information and documents. a) If in the programme it is not mentioned differently upon the application for a tourist service the traveller pays 30% of the value of the same and the remainder of the total price no later than 45 days before departure for long distance trips, and 21 days before departure for other services. If the traveller does not fulfil this obligation it will be considered that they have withdrawn from the reservation without the possibility of the disbursement of the paid advance. b) The traveller is obliged to pay off 100% of the price of the excursion no later than 7 days before the excursion. c) For an airline ticket the traveller is obliged to pay 100% of the price upon issuance. d) For a reservation request an advance payment is paid according to the price list of the organiser responsible. The Agency will not accept an application for a reservation request without the advance payment. If a traveller does not accept the confirmed reservation which has been made according to their request, the Agency will withhold the paid advance in full. e) If it concerns an application for a tourist service for travel which will commence within the period of 21 days from the application for travel itself then the traveller will pay 100% of the value of the same. f) If a guest of the Agency reserves accommodation which they will start to be used the same day and that they will pay in full at the accommodation premises, the Agency will charge the cost of the reservation, if not agreed otherwise by agreement with the accommodation premises, a handling cost to the amount of 50 kuna per reservation. On the basis of the paid handling cost the guest will receive a written confirmation of the reservation which consists of all the necessary information about the accommodation.

3. CONTENTS AND PRICE OF THE TOURIST SERVICE

The contents of the tourist service includes everything that the Agency has stated in the programme/promotional material for that tourist service. Special services are services which are not included in the price and therefore the traveller pays for them separately such as: transfers which are not included in the tourist service such as taxis and rent-a-car, additional meals, optional excursions, port fees, entrance tickets, travel insurance, tips and alike. These services should be requested upon application and are charged additionally at a basic price. If the Agency requests it the traveller is obliged to pay separately and in advance taxes, fees or entrance tickets defined by special regulations the amount of which the Agency cannot influence, yet they are necessary for the realisation of the service. Optional and special services which the traveller requests during the travel period are paid in the currency of the country in which the service is offered. The Agency is not responsible for the change of price of the same which can arise from the moment when the trip has been confirmed to its realisation. The prices of the tourist services are published in kuna, and are calculated according to the prices of services in reference currencies at the sales exchange rate of the business bank of the travel organiser on a defined day. The Agency reserves the right to change the published prices if after the conclusion of the contract there is a change in the exchange rate of the agreed currency, an increase in the transport costs, also including the costs of fuel or an increase in fees for certain services (at airports and other ports etc.) which affect the price of travelling, and for which it did not know or could not influence.

4. CATEGORISATION AND DESCRIPTION OF THE SERVICES

The offered accommodation premises, apartments, means of transport and other facilities are described according to the official categorisation of the local tourist organisation at the time of the issuance of the programme. We should point out that the local categorisation (standards of accommodation, food, services etc.) in individual countries differs significantly. The reception at the place of stay determines the arrangement of accommodation in rooms or apartments. If a traveller has not specifically agreed upon a room/apartment of specific characteristics, they will accept any officially registered room/apartment for rent in a particular premises or destination described in the programme/promotional material or on the Internet. If it is possible, the Agency will try to satisfy the traveller’s additional request for accommodation (comfort, room orientation, on which floor and so on), but cannot guarantee to fulfil such a request.

5. CHANGE TO THE PROGRAMME

The Agency has the right to change the programme if exceptional circumstances occur which cannot be foreseen, avoided or prevented (point 1 of the General Terms and Conditions). The agreed accommodation can only be substituted with accommodation in the premises of the same or higher category. The Agency reserves the right to continue the trip even without a traveller who does not appear in time at the place of departure or continuation of the trip, and the traveller’s non-appearance will be considered as a cancellation of the tourist service. The Agency particularly reserves the right to the change of hour and day of departure due to changes of the travel timetable or the occurrence of other previously mentioned circumstances, as well as the right to change the direction of travel due to changed circumstances, without compensation to the traveller and per the valid regulations in passenger transport. In these cases the traveller pays all additional costs. If, before the start of the trip, the Agency makes more significant changes to the key contents of the trip (programme, accommodation, price) it will notify the traveller about it in written form without delay and offer them an amended contract. The traveller can accept or reject the amended programme within the specified deadline of the receipt of the notification.

6. TRAVEL DOCUMENTS

A traveller who is applying for travel abroad must have valid travel documents. If the traveller does not fulfil the mentioned obligations, it will be considered that the traveller has withdrawn from the trip. The traveller is obliged to respect customs and currency exchange regulations. If due to the disregard of the regulations the traveller cannot continue the trip, they themselves bear all the costs and consequences which arise because of it. If during the period of travel the traveller loses their travel documents or they are stolen, then they are obliged to acquire new ones at their own expense. The traveller is obliged that they personally, their documents and luggage fulfil the conditions of the specified border, visa, customs, health and other regulations, both in the Republic of Croatia and in the countries in which they travel, to comply with the house rules in hospitality and hotel premises and to cooperate with the travel organiser and service providers with good intention. In the case of the disregard of the mentioned obligations, the traveller is responsible for the damage incurred, and the Agency is exempt from any responsibility for such damage. In this case the traveller pays the cost of the damage to the owner of the premises (hotel, apartment etc.) at the reception. We recommend every traveller to personally read the www.mvep.hrwebsite and look at the list of countries of high or moderate risks according to the opinion of the Ministry of Foreign and European Affairs of the Republic of Croatia. Invalid travel documents, or the rejection of a visa which results in the cancellation of a trip, does not oblige the Agency in any way, and the conditions of travel cancellation apply.

7. AGENCY’S RIGHT TO CANCEL

The Agency can cancel the trip completely or in part if before or during the travel period exceptional circumstances occur which cannot be avoided or prevented, and if they occurred during the period of the publication and sale of the programme they would be justified reason that the organiser does not publish the programme and does not accept arrangement applications. If there is no official letter from the Ministry of Foreign and European Affairs of the Republic of Croatia about a travel ban due to security, and the trip is not cancelled by the contracted travel organiser or airline company and the cancellation is made by one’s own choice then the cancellation costs from these General Terms and Conditions apply. The traveller has no right to the reimbursement of the paid expenses for insurance, visa costs, vaccinations and similar services.

8. TRAVEL INSURANCE

In accordance with the Act on the Provision of Tourism Services, employees of the Agency are obliged to offer the traveller “a package” of travel insurance which consists of: voluntary health insurance for the duration of the stay abroad, accident insurance, the insurance of luggage and trip cancellation insurance as well as insurance by which the costs of the assistance and return of the traveller to the place of departure in the case of an accident or illness are insured upon, and to notify them of the contents. By signing the contract the traveller confirms that the package of travel insurance has been offered to them. In the case that the traveller requests such insurance, it can be directly arranged with one of the insurers or agencies, whereupon the Agency acts only as an intermediary.

9. INSURANCE IN CASE OF TRIP CANCELLATION BY THE TRAVELLER

If during the travel application the traveller foresees that they, due to certain situations, may have to cancel the trip, we recommend the payment of a cancellation insurance policy. Cancellation insurance cannot be paid retrospectively, only upon the application for travel. The insurance premium is calculated on the basis of the value of the trip, and according to the price list and the general conditions of the insurance company. Cancellation insurance is valid only in the following cases, and with an obligatory written confirmation: call to military service, illness, death in the immediate family. If the traveller has no agreed cancellation insurance, and has to cancel the trip and has confirmation about the call to military service, illness or death in the family, the Agency reserves the right to disbursement according to the rules mentioned in point 10 of these General Terms and Conditions. With the payment of a cancellation insurance policy the traveller transfers all of their claims to the insurance company, whose cancellation insurance policy they own, and the Agency is obliged to the traveller to ensure all the documentation necessary for the actualising of a traveller’s claim towards the insurance company, and which is related to the contracted arrangement. All the cancellation conditions are stated in the insurance policy and we recommend that every traveller reads them personally.

10. WITHDRAWAL FROM TRAVEL BY TRAVELLER

If the traveller wishes to cancel the agreed trip, they must do so in writing. The date of receiving the written cancellation represents the basis for the calculation of compensation. The calculation of compensation for a cancellation is calculated on the total sum of the price of the tourist service. The paid advance will be calculated in the calculation of the compensation, and the calculation will be made according to the following scale: - up to 30 days before the start of the service 25% - 29 to 15 days before the start of the service 80% - 14 to 0 days before the service and after the start of the service 100% of the price For a cancellation of 14 to 0 days before the start of the service, in other words a “no show” (if the traveller does not appear) or for the interruption of the trip caused by the traveller, or they call off the tourist service after it has begun, the Agency will withhold or request the whole amount of the travel as compensation for the incurred damage, in other words charge 100% of the price of the arrangement. In the case of the cancellation of an agreed trip 7 or fewer days before the realisation of the service, the Agency has the right to withhold or request the entire sum of the agreed arrangement. Air travel – according to the airline company’s conditions. Excursions, transfers, occasional transport up to 8 days before departure 10%, 7 to 4 days before departure 50%, 4 to 2 days before departure 80%, 2 to 0 days before departure and after 100% of the price. The mentioned costs of cancellation also apply to the change of date of departure or accommodation premises, i.e. the type of room/apartment as well as to all other significant changes. A possible different cancellation scale from the one mentioned here is located in the programme/offer and catalogue to which the scale in question relates. Upon cancellation the traveller has no right to the compensation of the possible costs of visas, insurance, vaccinations and alike. When costs are actually incurred or when the proportion of the fixed costs is greater than those mentioned in the scales above, the Agency reserves the right to compensation to the amount of the actual incurred costs. The mentioned costs of cancellation also apply to the change of date of departure or accommodation premises, as well as to all other significant changes. If the name and surname of the traveller who has applied for the trip (e.g. upon the issuance of plane tickets) differ from the names written on the travel documentation the Agency has the right to charge for the damage caused by the inaccurate information. If a correction is not made on time and the traveller is in a situation where they are unable, due to the mentioned reason, to report for a flight the Agency is not responsible for the damage incurred.

11. THE AGENCY’S OBLIGATIONS

The Agency is obliged to care about the implementation of the service as well as the choice of service providers with the care of a good specialist and to care about the rights and interests of the traveller in accordance with the rules of the profession and good practices in tourism. The Agency is obliged to issue the corresponding documents for the paid trip to the traveller. The Agency excludes any responsibility in the case of changes and non-completion of the service caused by force majeure (point 1 of these General Terms and Conditions) and due to the delay of transport means for which the transport operator is not responsible according to positive regulations and international conventions. In these cases the traveller pays all additional costs. The Agency is obliged to make available the programme/promotional material to the traveller and these General Terms and Conditions in written or electronic form, to offer all the mentioned services, make them acquainted with the sources of information about the country where they are travelling and the opinion of the Ministry of Foreign and European Affairs of the Republic of Croatia about the degree of risk of travelling to the chosen country.

12. THE TRAVELLER’S OBLIGATIONS

The traveller is obliged: - to possess valid travel documents (personal documents). The expenses of the loss or theft of documents and the consequences, which arise from the loss or theft during the trip, are borne by the traveller. - to arrange a visa, if it is not explicitly agreed in the contract between the agency and the traveller the Agency is not responsible for the arrangement of the same and in the event of the cancellation of the trip due to the failure of obtaining a visa the agency takes no kind of responsibility and calculates the costs of the cancellation according to point 9 of these General Terms and Conditions. - to be vaccinated and to possess certificates and documents about the vaccination for travel to countries where this is necessary according to the regulations of the World Health Organization. In this case the traveller encloses a medical certificate. The non-possession of these documents as well as/or the inaccuracy of the travel documents that lead to the abandonment of the trip or the inability of the continuation of the trip do not obligate the Agency and the cancellation costs from point 9 of these General Terms and Conditions are calculated. - to respect the customs and currency exchange regulations of the Republic of Croatia, as well as the countries where they stay during the trip. - to abide by the house rules in the hospitality and accommodation premises and cooperate with the service providers with good intention, - to comply with instructions and cooperate with the tourist escort or Agency representative, - upon travel departure to present the document of the paid arrangement (contract, voucher, ticket, payment confirmation, bank transfer copy etc.) to the tourist escort or Agency representative. In cases of the non-observance of these obligations, the traveller is liable to the Agency for the damage incurred.

13. LUGGAGE

The transport of luggage up to a defined weight, which is defined by the transport operator, is free. With air transport, the traveller pays additionally for surplus luggage according to the valid rules and prices of the carrier. The Agency takes no responsibility for lost or damaged luggage. The traveller makes a report about damaged or misappropriated luggage to the transport operator or the responsible person in the accommodation premises, depending on where the damage or loss occurred. With air transport, the airline company is exclusively responsible for luggage, and that depends on the regulations which apply to air traffic. In the case of lost luggage the traveller fills in the PIR form of the airline company which carried out the transport, and they submit it to a representative of the airline company, whilst keeping a copy for themselves. On the basis of the completed form, the airline company pays them compensation according to the regulations which apply to domestic and international passenger air transport. In the case of lost luggage at a hotel, the traveller sends a request to the hotel in which the luggage was lost. We recommend paying a luggage insurance policy.

14. HEALTH REGULATIONS

The traveller is obliged to inform the Agency about all facts regarding their health, habits and alike, and which could threaten the running of the trip (if for health and other reasons they need certain types of food, are suffering from chronic illnesses, allergies etc.). Special travel rules are mentioned in some programmes which include mandatory vaccinations and the procurement of corresponding documents. The traveller is obliged to complete any mandatory vaccinations as well as to hold the certificates and documents about it. We recommend paying a health insurance policy.

15. CONDITIONS OF TRANSPORT OF TRAVELLERS IN AIR TRANSPORT

The conditions of air transport of travellers and luggage are defined by the air transport operator and the traveller is obliged to abide by them.

16. COMPLAINT RESOLUTION

If the services from the programme are not completely or inadequately run, the traveller can file a written complaint. Each traveller - contract holder submits a complaint separately; the Tourist Agency will not accept a group complaint into the procedure. The procedure connected to a complaint: - immediately, at the very place of the provided service, the traveller should make a complaint about an unsatisfactory service with the tourist escort or the Agency’s representative, and if they are not available, then with the service provider. The traveller is obliged to cooperate with the tourist escort or the Agency’s representative and service provider in good faith so that the causes of the complaint are eliminated. If on the spot the traveller does not accept the offered solution to the complaint which corresponds to the paid service, the Agency will not heed the traveller’s subsequent complaint nor be obliged to respond to it. - if the cause of the complaint has not been eliminated at the place of the offered service, the traveller with the tourist escort or Agency representative or service provider should put together a written confirmation of three identical copies, signed by the three mentioned people, and the traveller and the service provider retain a written copy each, whilst the third copy is for the needs of the Agency. - no later than eight (8) days after the return from the trip the traveller should submit the written complaint to the Agency’s head office address. Only a fully documented complaint received within the given deadline and signed by the authorised person from the previous paragraph of this point with any possible attachments (receipts for additional expenses etc.) will be accepted into the complaint procedure. - the Agency will respond in writing to such a received complaint within a deadline of 15 days of the receipt of the same, the Agency will only address those complaints whose cause could not be prevented at the place of the offered service. - until the written legal deadline of the response of the Agency the traveller waives the mediation of any other person in the resolution of the arisen situation. The Tourist Agency and the traveller will eventually attempt to resolve the arisen dispute by mutual consent or otherwise negotiate in the jurisdiction of the court in Rijeka, and Croatian law will apply.

17. PROTECTION OF PRIVACY

The Agency will guard all the information about the traveller as a business secret. Without the traveller’s permission, except in legally required cases, it will not be passed onto anyone: their address, place and time of travel, stay, paid price nor the names of their co-travellers. The Agency will not provide the traveller’s personal data to any third party without the prior explicit and written permission of the traveller, unless it is obliged by law or by the decision of an authorised body of government. An exception to the provision of personal data to third parties is related to the contracting of insurance, in other words, if the traveller concludes an insurance policy, then his personal data will be forwarded to the insurance company. The traveller’s personal data will be kept in a database in accordance with the decision of the management board of the company about the method of collecting, processing and storing of personal data. The traveller agrees that their personal data can be used for the purpose of realising contractual arrangements and the marketing plans of the Agency.

18. INSURANCE IN THE EVENT OF AGENCY INSOLVENCY OR BANKRUPTCY

In accordance with the Act on the Provision of Tourism Services in the event of the Agency’s insolvency or bankruptcy travellers protected on the trip as well as people who have paid an advance for the trip should, in the fastest possible method, contact the insurer mentioned in the organised travel contract. The organised travel contract is at the same time a certificate of the insurance and enables the traveller the direct actualising of rights to the compensation of material damage.

19. LIABILITY INSURANCE

In accordance with the Act on the Provision of Tourism Services the Agency has, with the insurance company Wiener Osiguranje d. d., an arranged Liability Insurance Contract for damage which is caused by the traveller’s non-fulfilment, partially fulfilled or improperly fulfilled obligations, number ‎1399-00036842 and the employees of the Agency will inform the traveller of the contents of the same, whilst by signing the contract of the organised travel the traveller confirms that they are familiar with the contents of the mentioned insurance contract.

20. FINAL PROVISIONS

These General Terms and Conditions are an integral part of the contract which the traveller concludes with the Agency i.e. with the Tourist Agency which it has authorised to sell its programme. Possible deviations from these conditions must be mentioned with the text of the programme and delivered to the traveller with the contract or in the contract itself. By signing the contract the traveller fully accepts the programme and these General Terms and Conditions. They come into effect on the day of issue.