GENERAL TERMS OF BUSINESS
INTRODUCTORY PROVISIONS
These General Terms and Conditions are an integral part of the package travel contract concluded between the travel agency AM Audere d.o.o. (hereinafter referred to as the Agency) and the passenger, i.e. the travel contractor, when the travel contractor enters into an Agreement for the benefit of a third party as a passenger (hereinafter referred to as the "Traveller"). In addition to these General Terms and Conditions, a travel program in a package arrangement (further referred to as: "Travel Program") is an integral part of the Agreement. In case of inconsistency between these General Terms and Conditions and the provisions of a particular contract or Travel Program, the contract's provisions will prevail, then the content of the Travel Program, and then the provisions of these General Terms and Conditions.
These General Terms and Conditions apply exclusively to package tours organized by the Agency under the Toural Travel brand.
If the Agency mediates or sells the services of other travel agencies, the responsible travel organizer will be indicated in the contract and the general conditions of that organizer will apply, which the Agency will make available to the Traveler.
Before sending a travel inquiry, booking a trip, and certainly, before making a payment and undertaking a trip, each person is obliged to familiarize themselves with these General Terms and Conditions in detail, and it is considered that the Traveler has accepted them when making the reservation and they apply from the moment the Traveler confirms his reservation for the agreed Toural Travel arrangement with the Agency.
Article 1.
PROTECTION OF PERSONAL DATA
The Traveler provides his personal data voluntarily. The Traveler's personal data is necessary for the realization of the contracted trip, i.e. the package deal, and will be used for further communication and contracting or provision of services included in the package deal. This may relate to any sensitive information provided by the Client, such as details of any disability, or dietary or religious requirements. Such sensitive information will be passed directly to suppliers in the event that they ask them to provide full details of your booking.
The Agency undertakes to strictly protect the Traveler's personal data and not to use them except for the purpose of realizing contracted arrangements or providing services related to the realization of package arrangements organized by the Agency. Personal data may also be forwarded to government authorities, such as customs or immigration offices if they request it or as required by law.
Article 2.
RESERVATIONS AND PAYMENT
The Traveler can book any Toural Travel package deal through the contact form on the Agency's website, by email, by telephone, by other means of remote communication or through authorized intermediaries. By booking a package deal, the Agency and the Traveler agree to the specific package deal and all information directly related to it - duration, itinerary, booking procedure, payment method, payment conditions, etc.
When making a reservation, the Traveler must provide all necessary information and personal data required by the reservation form and pay an advance payment in the amount of 30% of the total cost of the arrangement, unless otherwise stated in the travel arrangement. The Client must pay the remaining amount no later than 30 days before the departure date. If the Traveler does not pay the remaining amount of the trip by that day, he is considered to have canceled the reservation. In that case, the Agency acts in accordance with the provisions of Article 6 of these General Terms and Conditions.
Considering the large number of clients, the Agency is not able, nor is it obliged in any way, to warn travelers about the approach or expiration of the deadline for payment of the remaining amount, and each Traveler declares that he is aware of the fact that it is solely his own responsibility to pay the remaining amount as defined in the travel contract. If the Contractor/Traveler does not pay the remaining amount of the arrangement within the stipulated period, i.e. if the entire payment for all passengers on the same reservation is not visible on the agency's account no later than 30 days before departure, the Agency has the right to cancel the entire reservation and charge all travel cancellation costs from the Traveler as is defined in Article 6 of these general conditions. Travelers/travel contractors by paying an advance, or part of the amount, declare that they are aware of this fact and that they will take care to pay the rest of the amount early enough so that it is visible to the agency on the account 30 days before departure.
Article 3. PAYMENT
If the Contract or Travel Program does not specify otherwise, the Traveler can pay for the Agency's services by bank transfer to the Agency's transaction account and/or cards accepted by the Agency (Visa, Visa Electron, MasterCard and Maestro).
The Traveler bears all costs, fees and commissions incurred in connection with cash transactions or card payments.
The day of payment is considered the day when the Traveler's payment is recorded on the Agency's business account.
Article 4.
PRICE OF TRAVEL ARRANGEMENTS
The price of the package deal is stated in each Travel Program published on the Agency's website: www.toural.travel/tours and comes into force on the day of publication of the individual program and includes what the Agency stated in the travel program in the destination “Pricing includes", and everything else that is not specified in that segment is not included in the price of the arrangement.
The prices of all arrangements are expressed in euros (EUR).
The Agency reserves the right to increase the price of the arrangement by up to 10% in accordance with the law, in the event that after contracting and paying for the arrangement, and before the realization of the trip, there was an increase in the scope or price of the services that make up the package arrangement, an increase in the price of transportation and related services, the price of fuel, tolls, etc.
In the event of a change in the prices of tourist arrangements, the Agency is obliged to inform the Traveler no later than 20 days before departure.
The Contractor/Traveler undertakes to accept an increase in the agreed price of up to 10%, and the aforementioned cannot be a reason for the unilateral termination of the contract by the Traveler.
If the price of the agreed arrangement exceeds 10%, the Client has the right to cancel his reservation without additional costs. However, all claims under these circumstances must be made no later than 2 days after the Client has been informed of the changed price. The Agency has the right to state in the contracted travel arrangement that the Traveler should pay for optional services that are part of the contracted arrangement (services that are listed under the heading NOT INCLUDED) directly to the service provider on the spot. In this case, the Traveler assumes full responsibility for submitting a complaint request to the direct service provider.
Article 5.
CATEGORIES OF SERVICES
In each package arrangement, it is clearly indicated which services are included in the total price and which are not. These services are clearly visible to the client under the INCLUDED and NOT INCLUDED sections. Specific services that are considered additional and are not included in the price of the tourist arrangement are: supplement for a single room, different types of rooms than those listed in the tourist arrangement, additional or special meals, additional excursions, etc. and are clearly listed under the NOT INCLUDED section. Also subject to additional payment regardless of the cost of the package deal are the following: visa costs, air tickets and taxes, etc., which are clearly stated in the NOT INCLUDED section.
All these additional services are paid by the Traveler separately (in addition to the basic costs of the arrangement). When making a reservation, the Traveler may express his wishes regarding
special services when possible, which will be subject to additional costs to be covered by the Traveler.
Additional services that need to be paid (at the appropriate local value) to the tour guide or Agency representative where these services are provided. During the trip, the Traveler can purchase additional services (accommodation services, meals, excursions, tickets to attractions) that are run by local providers and separately from the Agency. If he purchases any of the additional services, the Traveler will be subject to their terms and conditions. If the Traveler does not request a certain level of accommodation (a certain number of stars), the accommodation of the national categorization of the country of destination will be included in the package deal. The Agency has the right to inform the Traveler about the name of the accommodation upon arrival at the destination.
Article 6.
TRAVEL CANCELLATION BY THE PASSENGER
The Traveler has the right to cancel or change the contracted package deal directly with the operator with whom he made the reservation.
Cancellation must be in writing and addressed to the Agency if the reservation was made at the Agency's office, via the contact form on the Agency's website, by email, by telephone or by other means of remote communication.
If the reservation was made through an authorized intermediary, all changes and cancellations must be addressed directly to him. The Authorized Intermediary may vary the cancellation charges other than those listed below. Travelers are advised to always check the cancellation policy with the particular agent when booking.
The Agency has the right to pay the Passenger an administrative fee of €25 (EUR) for each change to the confirmed travel arrangement.
The cancellation fees listed below describe the notice periods before the departure date and are expressed as a % of the total price of the arrangement.
Cancellation policy for Toural Travel private one-day tours, private multi-day package tours and shorex tours:
Ø 59-45 days before departure, the cancellation fee is 15% of the total price Ø 44-30 days before departure, the cancellation fee is 30% of the total price Ø 30-15 days before departure, the cancellation fee is 50% of the total price Ø 14-8 days before departure, the cancellation fee is 75% of the total price Ø 7-0 days before departure, the cancellation fee is 100% of the total price Ø For no-shows, the cancellation fee is 100% of the total price.
Cancellation policy for Toural Travel scheduled day trips:
Ø 0 cancellation fee for any cancellation up to 24 hours before travel
Ø Cancellation 24 hours before the trip or less, the cancellation fee is 100% of the total price.
Ø Cancellations on the day of departure for trips starting later than 8:30 am are subject to a cancellation fee equal to the cost of the trip.w
The traveler has the right to cancel the package deal during its implementation, but must provide a written statement clearly expressing his intention to cancel the package and an ongoing arrangement. If the Traveler interrupts the trip in progress at his own request, he is not entitled to compensation for the costs incurred due to an early return to the place of departure.
If the Traveler decides to change the agreed itinerary of the arrangement or does not travel in accordance with the agreed itinerary of the arrangement, it is considered that the Traveler has abandoned the travel contract.
If no later than 30 days before departure, the Contractor/Traveler has not paid the rest of the amount or ensured undisputed payment of the entire amount of the arrangement, the Agency will consider that the Contractor/Traveler has abandoned the trip, and reserves the right to cancel the reservation without the possibility of returning the advance payment for the trip. In this case, the Traveler is not entitled to any reimbursement of costs, neither partially nor in full.
Cancellation by individual customers from a multiple booking where a group discount rate applies, such discount rate will be lost as the qualifying criteria can no longer be met. The total price for the remaining customers of the same group booking will be adjusted accordingly.
The client is fully responsible for all costs and consequences that may arise due to incorrect information provided to the Agency or another authorized travel agent during the reservation. The Agency has the right to compensation if the Client provides the Agency with incorrect information of any kind that could affect the execution of the travel arrangement.
The traveler has the right to transfer the Travel Contract to another person without compensation and without changing the elements of the concluded contract (that is, to inform the agency of the names of substitute passengers). Travel insurance is not transferable to another person.
Article 7.
CHANGES AND CANCELLATIONS OF THE TRIP BY THE AGENCY
If the number of persons registered for the package arrangement is less than the minimum number specified in the Travel Program, the Agency may terminate the contract with the Traveler no later than 24 (twenty-four) hours before the start of the trip. In this case, the Agency will return the payments received for the package-arrangement to the Traveler, without the obligation to compensate for damages or any other payments to the Traveler.
The minimum required number of travelers is determined for each program individually and is available on Toural Travel websites and brochures, leaflets, and catalogs.
Toural Travel planned daily trips can be canceled no later than 24 (twenty-four) hours before the planned trip.
The Agency may terminate the contract with the Traveler before the start of the package-arrangement and in the event that the Agency presents extraordinary circumstances that could not be avoided in the execution of the Contract. In this case, the Agency will notify the Traveler of the occurrence of these circumstances and termination without delay and return the payments received for the package arrangement, without the obligation to compensate the Traveler for damages or any other payments.
If the Agency is forced to terminate the contract with the Traveler during the realization of the trip, the Traveler has the right to return exclusively the funds related to the unused part of the contracted services.
In any case of termination of the contract by the Agency, the Traveler is not entitled to a refund or collection of any travel insurance, visa, preparation of other documentation necessary for entry, stay or exit from a particular country, vaccinations, testing, costs, fees and commissions incurred in regarding money transactions or card payments and other costs.
The Agency may terminate the contract during the travel if the Traveler's behavior endangers, hinders or prevents the regular implementation of the Travel Program or causes damage to the Agency, service providers, other passengers, third parties or property. In that case, the provisions of these General Terms and Conditions, which are valid for termination of the contract by the Traveler, will be applied, and the Agency reserves the right to compensation for damages from the Traveler.
Article 8.
TRAVEL DOCUMENTS AND CUSTOMS CONTROLS
The traveler is obliged to provide all valid travel documents and all other documentation necessary for the contracted trip in a timely manner if it is a trip abroad. Minors (under 18 years of age) must obtain all the necessary documentation for crossing the border for minor passengers.
The Agency is not responsible for ensuring that the Traveler can cross the border, but it is the personal responsibility of each Traveler.
Invalid travel documents or incomplete documentation that leads to the impossibility of starting or continuing the journey of an individual Traveler, does not obligate the Agency in any respect, and the terms of cancellation of the trip by the Contractor/Traveler are applied. The Agency is responsible for any damage caused by the Traveler's non-compliance with the regulations of certain countries or caused by invalid travel documents, and the Traveler is independently responsible for compensation for all damages and all costs that may arise from this.
The traveler is obliged to respect all the customs and foreign exchange regulations of the Republic of Croatia, as well as the customs, visa and epidemiological regulations of the countries visited and passed through according to the Travel Program. Otherwise, the Agency
has the right to start or continue the trip without the Traveler, and all costs arising from this for the Traveler are the responsibility of the Traveler.
In the event that the Agency mediates in the process of obtaining visas for the Traveler, the Agency cannot guarantee the success of the mediation. Mediation in the process of obtaining visas is not included in the price of the tourist arrangement and is paid by the Client in addition to the costs of the arrangement package. The cost of mediation in the procedure is not reimbursed to the Client under any circumstances.
If the Traveler loses documents during the duration of the tourist arrangement or the documents are stolen, and they are needed to continue the trip or return to the homeland, the Traveler is obliged to obtain new documents at his own expense. In the event that the Traveler has to terminate the tourist arrangement due to the loss or theft of documents, he is not entitled to a proportional refund of the increased price of the tourist arrangement.
Article 9. LUGGAGE
Baggage transportation is free of charge up to a certain weight determined by the carrier.
The agency does not assume any responsibility for damaged, destroyed, stolen, or lost luggage, as well as for the theft of luggage or valuables in the hotel or means of transport. The Traveler reports any damage/alienation to the carrier or the reception of the accommodation facility and is obliged to resolve the situation personally and directly with the basic service provider (accommodation, i.e. transport).
When traveling by plane, the airline is responsible for luggage according to the regulations that apply to international air passenger traffic.
Travelers are obliged to take care of their personal belongings and must take them with them every time they leave the hotel room or the bus. Personal belongings, especially valuables, must not be left unattended at any time. The Traveler is responsible for the theft, loss, or damage of things or valuables left unattended.
Article 10. OBJECTIONS
In case of any dissatisfaction and complaint during the trip, the Traveler has the right to complain due to the unfulfilled contracted service.
The Traveler is obliged to submit a written complaint to the Agency within 8 days of the end of the trip. Objections filed after the deadline will not be taken into consideration.
It is the obligation and in the interest of the Traveler to act in good faith and to express his will to resolve the complaint during the trip and to send his written complaint to the service provider on the spot (reception, transporter, restaurateur, or travel agency at the destination) and to request a written confirmation from the service provider that received a complaint.
Each Traveler submits a complaint separately. The Agency will not consider group complaints.
The agency is obliged to respond in writing to the complaint within 15 days after receiving the complaint. If necessary, in order to collect information and check the allegations from the contract, the Agency can postpone the deadline for giving an answer for another 15 days, and about which it is obliged to inform the Traveler who submitted the complaint in writing.
After the Traveler's return from the trip, the Agency will consider only one complaint for which the Traveler can prove that during the trip he sent a complaint to the location of the tour manager, i.e. to the local service provider, that the cause could not be eliminated on the spot, and that the Traveler consequently wrote about it and notified the Agency via writing. All other objections will not be considered, nor can they be the basis for a public expression of dissatisfaction as defined in Article 9 of these general terms and conditions, and the Traveler, by paying for the trip, declares that he is familiar with the aforementioned provision and that he accepts it in full.
Without submitting a written complaint addressed to the Agency, it will not be subject to consideration or a request for refund or reduction or any other type of request from the Traveler. The Client must submit an appropriate confirmation from the hotel manager, transport service provider or other authorized person that will confirm the Client's claims, which will serve as the basis for a further refund request (for example, payment receipts or an invoice).
If, due to the Agency's fault, 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.
If the Agency is responsible for the non-execution of the package arrangement or individual services included in the package, the Client has the right to a refund or a partial refund of the actual value of the unsatisfactory services. If the Agency does not provide the contracted services, the Client has the right to a refund for unused services in accordance with the applicable provisions of the Consumer Protection Act.
The Agency is exempt from any claim for refund in the cases clearly stated in the provisions of Articles 6, 7, and 8 of these General Terms and Conditions when the Agency has the right to cancel, change, or modify the contracted package deal.
The Traveler is not entitled to compensation if the non-fulfillment of part of the program occurred due to force majeure, i.e. due to circumstances over which the Agency has no influence (weather, security or traffic situation, public transport disruptions, changed working hours, sights compared to regular working hours, breakdown ). buses etc.).
While the complaint resolution procedure continues and the Traveler does not receive a response to the complaint from the Agency, the Traveler irrevocably waives the right to mediation of any other person, the right to sue, and any public announcements that damage the reputation of the Agency, as well as a public expression of dissatisfaction.
The Traveler is personally liable for any misconduct or damage caused by misconduct, and especially for damage caused by non-compliance with these General Terms and Conditions. The Traveler is obliged to compensate the damage immediately at the hotel or some other place (specified by the natural or legal person) that suffered the damage.
Article 11. INSURANCE
The Agency recommends that the Traveler individually take out comprehensive insurance for cancellation, medical expenses, personal accident, personal baggage, money and public liability before starting the trip. When traveling abroad, it is recommended to obtain health insurance with global coverage.
Article 12.
FINAL PROVISIONS
All Toural Travel package prices include value-added tax.
By reserving a package deal offered by the Agency, each Traveler gives the Agency permission to use all photo and video materials produced during the trip (photos and videos may include the Traveler) for promotional and commercial purposes.
In the event of a dispute between the Agency and the Traveler that cannot be resolved amicably, the matter will be resolved by the competent court in Zagreb.
These General Terms and Conditions are certainly available on the Agency's website www.toural.travel/tours
The Agency has the right to amend these General Terms and Conditions at any time by publishing the amended text of the General Terms and Conditions on the Agency's website.
If any provision of the Agreement or these General Terms and Conditions becomes void, invalid, or unenforceable, this will not affect the validity or enforceability of other provisions of the Agreement and General Terms and Conditions. Any such void, invalid, or unenforceable provision shall be deemed to be replaced by an appropriate provision that is in accordance with the economic purpose and objective and, to the extent legally permitted, the closest to the original intention of the Agency and the Traveler.
These General Terms and Conditions enter into force on the day of their publication on the Agency's website.
In Zagreb, on 04. 09. 2024. year