TERMS OF THE CONTRACT OF TRAVEL ORGANIZATION AND / OR MEDIATION

1. General Provisions

These Terms regulate the mutual rights and obligations between:

Split Trogir Excursions, operating under the name of
Fulmar d.o.o. Travel and Trade Company,
Obala dr. Nikole Lozovine 12, 21218 Seget Donji, Croatia
ID: HR-AB-21-060326472
(hereinafter: the Agency),

acting as tour organizer and/or authorized intermediary,

and:

• the person who concludes the contract for themselves, and/or

• the person who concludes the contract for the benefit of a third party (passenger),

(hereinafter: the Traveler or the Contracting Party).

If the contract is concluded for the benefit of a third party as Traveler, that Traveler acquires direct rights against the tour organizer/service provider under this contract.

2. Parties to the Contract

The parties to this contract may be:

• the tour organizer (Agency or another duly indicated organizer),

• the mediation agency / travel agent acting on behalf of the organizer or service provider,

• the Traveler (natural or legal person),

• a third-party passenger for whose benefit the contract is concluded.

Where a different tour organizer or direct service provider is expressly stated in the program or on the travel certificate, the Agency acts solely as an intermediary, and the terms of the responsible organizer/service provider apply accordingly.

3. Establishment and Basis of the Contract

The Travel Contract is considered concluded and legally binding when:

1. It is signed by the Contracting Parties, or

2. Consent is clearly confirmed by distance communication (internet booking, email, fax, card payment, bank transfer, etc.),

and

3. The Agency receives:

   • the full contract price by the agreed date, or

   • the agreed partial payment (deposit) and appropriate documentation securing payment of the remaining amount by the agreed date.

The Contracting Party guarantees the accuracy of all information provided to the Agency and confirms that they are authorized, where applicable, to provide third-party personal data and accept all legal obligations arising from this contract.

4. Obligations of the Agency

The Agency is obliged to:

• provide the services as specified in the contract, program, or voucher,

• act with professional care and safeguard the rights and interests of the Traveler, and

• be liable to the Traveler for non-performance, partial performance, or improper performance of contracted services, up to a maximum of the total price of the arrangement, unless otherwise provided by mandatory law.

5. Obligations of Organizers and Service Providers

The tour organizer and service providers are obliged to:

• provide services in accordance with the information stated in the official program, offer, or contractual documents,

• respect the information contained in promotional materials, unless clearly indicated that changes are possible.

If the promotional material states that certain information is subject to change, the binding provisions are those in the contract and program, not earlier advertising texts.

6. Prices and Price Changes

The contract price includes the services specified in the program and/or travel certificate.

The tour organizer may increase the contract price no later than 20 days before departure if, after the conclusion of the contract, any of the following occur:

• change in currency exchange rates relevant to the arrangement,

• increase in transport costs (including fuel),

• increase in taxes, fees, or charges for certain services (e.g. airport or port fees) that directly affect the travel price.

Unless otherwise specified, the increase is calculated in the same percentage as the change in the relevant cost element.

If the price increase exceeds 10%, the Traveler has the right to terminate the contract and is entitled to a refund of all amounts paid by that date, without entitlement to additional damages or reimbursement of visa, insurance, vaccination, or similar costs.

7. Termination of Contract Due to Non-Payment

The tour organizer / service provider / intermediary is entitled to unilaterally terminate the contract, in whole or in part, if:

• the Traveler fails to pay the price or part of the price within agreed deadlines, and/or

• fails to deliver agreed payment security documentation.

In such case, the Traveler is not entitled to damages or reimbursement of ancillary costs (visa, insurance, etc.) and is obliged to pay cancellation fees as if they had personally cancelled the trip, in accordance with applicable cancellation rules.

8. Termination Due to Minimum Number or Extraordinary Circumstances

The tour organizer / service provider / intermediary may unilaterally terminate the contract, in whole or in part, if:

• the minimum number of participants defined in the program has not been reached, or

• extraordinary and exceptional circumstances occur that could not be foreseen, avoided, or eliminated (force majeure) and which, had they existed at the time of conclusion, would have been a justified reason not to conclude the contract.

In such cases, the Traveler is entitled to a refund of the amounts paid, without entitlement to further damages or reimbursement of visa, insurance, vaccination, or similar costs.

9. Amended Contract and Substitute Arrangements

Instead of termination before the start of travel, the organizer or intermediary may offer:

• an amended contract (e.g. change in itinerary, services, dates), and/or

• a substitute arrangement (alternative trip).

The Traveler/Contracting Party shall, within 2 (two) working days from receipt of such offer, notify the organizer whether they:

• accept the amended contract / substitute arrangement, or

• reject it.

If the Traveler rejects the offer or does not respond within this period, the contract is terminated. The organizer shall refund the amounts paid, without further compensation.

If the Traveler accepts the amended contract or substitute arrangement:

• they waive any further claims against the organizer/Agency, except the right to a refund of the price difference if the new arrangement is cheaper.

10. Extraordinary Circumstances During the Trip

If, after the start of travel, extraordinary circumstances arise that could not be foreseen, avoided, or eliminated (e.g. war, unrest, strikes, terrorist acts, epidemics, natural disasters, severe traffic disruptions, delays, adverse weather, etc.) and which prevent the provision of a substantial part of the contracted services, the organizer may:

• modify the program for the continuation of travel, and

• upon return, compensate the Traveler for any difference between contracted and actually provided services, if such difference exists in the Traveler’s favor.

11. Written Termination by the Traveler

The Traveler may terminate the travel arrangement partially or completely at any time in writing.

The method of calculating cancellation fees is determined in the general conditions, program, or promotional material, and by entering into this contract the Traveler confirms being informed and undertakes to pay all applicable cancellation fees to the Agency/organizer, regardless of the amount paid up to the termination date.

If the contract concerns mediation for one or more specific services (e.g. transport, accommodation), and the Traveler cancels, they are obliged to:

• pay the intermediary’s fee, and

• settle any costs charged by the relevant service providers in accordance with their terms.

12. Replacement Traveler

If the Traveler is prevented from commencing the trip, they may nominate a third party to use the services instead, provided that:

• the Agency/organizer is notified in writing within the prescribed or reasonable time,

• the substitute Traveler meets all conditions for travel (e.g. documents, visas, age, health requirements), and

• legal or other restrictions (e.g. airline rules, destination regulations) allow such replacement and booking changes.

The original Traveler and/or replacement Traveler shall cover all additional costs arising from the substitution.

13. Traveler Information Duties

The Traveler is obliged to inform the Agency in a timely manner of all facts relevant to the trip, including:

• health conditions,

• special dietary needs,

• chronic illnesses,

• pregnancy,

• disability or reduced mobility,

• other circumstances that could affect safe and proper participation in the trip.

14. Travel Documentation

The Traveler must collect or request delivery of all necessary travel documents (voucher, departure time, departure location, destination, transport details, emergency contact, etc.) no later than 8 days before departure, unless otherwise agreed.

Failure to collect the documents does not relieve the Traveler of contractual obligations; any damage resulting from non-collection is borne solely by the Traveler.

15. Voucher and Proof of Payment

Upon request, the Traveler must present:

• a valid travel voucher and/or

• proof of full payment or agreed security for the remaining price.

If payment is not made and/or proof of payment not provided within the agreed deadline, the organizer is not obliged to commence travel or provide services, unless explicitly agreed otherwise.

16. Traveler’s Obligations

The Traveler is obliged to:

• ensure that their travel documents and belongings comply with carrier requirements and border, customs, health, and other regulations of departure, transit, and destination countries,

• comply with the itinerary, house rules of accommodation and transport providers, and instructions of the organizer’s representatives,

• behave so as not to endanger life, health, or property of other participants or service providers.

The organizer is not liable for decisions of authorities refusing the Traveler entry, exit, or stay, or for costs arising therefrom. Loss or theft of documents is borne by the Traveler.

Failure to comply with these obligations releases the organizer from liability for any resulting damage; the Traveler may be charged on the spot for any costs or damage caused.

17. Last-Minute and “Fortuna” Arrangements

For last-minute offers or arrangements where the exact accommodation or services are disclosed only upon arrival (e.g. “fortuna”, “joker”, “roulette”, “no name hotel”), the Traveler expressly accepts:

• all specific risks of such arrangements,

• limited influence over allocation or category within the stated parameters,

and has no right to complaint solely on the basis of such uncertainty, provided the services match the agreed minimum category and description.

18. Complaints Procedure

If the Traveler believes a contracted service is not fulfilled or is improperly fulfilled, they must:

1. Immediately lodge an objection at the place of service with:

   • the service provider, and

   • the organizer’s/Agency’s representative (if present),

2. Cooperate in good faith to remedy the cause of the complaint.

If the deficiency is not resolved on-site, the Traveler must:

• obtain written confirmation from the service provider/representative that the complaint could not be resolved, and

• submit a written complaint to the organizer within the deadline specified in the general terms or program.

The organizer may reject:

• group complaints,

• late complaints,

• complaints where the Traveler failed to cooperate in resolving the issue on-site.

The organizer shall provide a written response within the statutory or stated period.

19. Jurisdiction

In case of dispute, jurisdiction lies with the court having jurisdiction over the registered seat of the Agency / organizer / service provider, unless otherwise stipulated in the General Conditions.

20. Minor Travelers

By signing this contract for a minor Traveler, the signing parent/guardian confirms that:

• the other parent or legal guardian is informed of and expressly agrees with the contract,

and accepts full responsibility in this respect.

21. Personal Data Protection

By signing this contract, the Contracting Party voluntarily provides personal data of themselves and the Traveler(s) to the Agency and consents to their processing for the purpose of:

• contract performance,

• protection of Traveler interests,

• communication related to services, and

• where permitted, sending Agency information and marketing messages.

Personal data may be forwarded to third parties in Croatia and abroad (e.g. hotels, carriers, partners) only to the extent necessary for service provision, and will be stored and processed in accordance with applicable data protection regulations and the Agency’s internal policy.

22. Information Provided and Significance of Signatures

By signing this contract, the Contracting Party confirms that, prior to conclusion of the contract, they have received:

• information on basic border, visa, and health formalities related to the trip and stay at the destination,

• information on the time needed to complete such formalities,

• these Terms and the applicable General Conditions.

The signature (including electronic acceptance) confirms acceptance of all rights and obligations arising from this contract.

23. Insurance

By signing this contract, the Contracting Party confirms that:

• they have been offered and informed about optional insurance, including (where available):
  trip cancellation insurance, accident insurance, health insurance during travel, luggage insurance, and insurance covering return costs in case of accident or illness.

If the Traveler wishes to obtain such insurance, it may be arranged:

• directly with an insurer, or

• through the Agency in the capacity of intermediary, if applicable.

24. Insolvency or Bankruptcy of the Agency

In accordance with applicable Croatian legislation on tourism services, in the event of insolvency or bankruptcy of the Agency, Travelers are protected by the security instruments prescribed by law (e.g. guarantee policy/insurance or bank guarantee), which ensure:

• refund of payments for services not provided, and

• repatriation of Travelers where applicable.

Details of the insolvency protection provider and policy/guarantee are made available to Travelers upon request and published in the Agency’s official information.