Article 1
GENERAL PROVISIONS
These General Terms and Conditions for providing tourist services are an integral part of the Contract – Voucher between the travel agency The Guide, M. Ivanica 23, 10000 Zagreb, Croatia (hereinafter: us, we, our) and the travel contractor (hereinafter: Client, you). All information and conditions in the Tour Program and in these General Terms and Conditions are binding for both parties; The Guide and the Client, unless otherwise is determined by the Contract. By confirming and paying a reservation fee, you are confirming that you fully accept these General Terms and Conditions. No supplementary agreements have been made and we do not recognize any Client conditions that are contrary to these General Terms and Conditions, unless we have expressly agreed to such conditions in writing.
You should read these terms and conditions carefully.
Article 2
CONTENT OF THE OFFER
We ensure the service according to information published and validated on the day of the reservation and confirmation, and according to the description and travel period confirmed in the reservation.
We guarantee ditto except in the case of force majeure or exceptional circumstances that cannot be foreseen or prevented. Under force majeure and exceptional circumstances we understand: death, sudden sickness or accident with severe physical injury of a Client or his/her close family member; war; strike; terrorist actions; natural disasters; limitations issued by authorities and delays of all transport means. We are not obliged to offer services which are not in accordance with this General Terms and Conditions.
Article 3
RESERVATIONS AND PAYMENT
The reservation (booking) of our services can be made by telephone and e-mail. You are obligated to provide all correct information required for the reservation procedure. By confirming a reservation, signing a contract, a voucher or a booking form, i.e. by dictating the credit card number using offline payment option you are confirming that you are fully aware of these General Terms and Conditions and that you accept them.
At the time of booking, you will be notified of the price of your holiday. You will be required at the time of booking to pay us a non-refundable deposit of 30 or 50% of the quoted price depending upon the tour type and services included, and the full holiday price of a booking should be made at least 60 days prior to departure (late booking). In certain circumstances (depending on the nature of the booking) we will require a non-refundable deposit in excess of the usual 50%.
Payment can be made in Croatia or from abroad using following methods:
1. Offline credit card payment – Visa, MasterCard, Maestro, American Express If this is the best option for you, we will send you the authorization form which you have to fill in and sign and send us back by e-mail to jakov@theguide.hr, info@theguide.hr
The signed form authorizes us to charge your credit card for the agreed booking amount.
Your, Client’s, credit card shall be charged for the agreed amount in local currency – HRK (Croatian Kuna) according to the EUR selling rate of RAIFFEISENBANK AUSTRIA d.d., Zagreb on payment date. Some differences between the exchange rates in the US, EU and Croatia are possible, and the Client accepts the RAIFFEISENBANK AUSTRIA d.d., Zagreb exchange rate.
*4 % surcharge applies to all credit card payments
2. Cash payment in Croatia
Clients from Croatia can pay for their reservations directly to our account by money order.
3. Payment by bank transfer from abroad
Payment for the services agreed upon in the Contract may be done by the Client by money wire to the Guide IBAN.
* bank transaction fees are paid by the Client.
Article 4
Changes and Cancellation by The Guide
The Guide reserves the right to make full or partial changes to the program in the case that extraordinary circumstances that could not have been anticipated or avoided occur before the start of the tour. (Article 2)
The Guide reserves the right to change tour start date or time in case of: changed flight schedule, unfavorable safety conditions in the country, and unfavorable weather conditions. The Guide has no control over such events, and is therefore unable to accept responsibility for them. Depending on the reason for changes or cancellation of a reservation, we will inform you about incurred changes; then first we will try to find appropriate alternative service at least with the same standard and with the same price that you already paid. If there is no appropriate alternative available, we will give you a full refund of paid amount. In case of cancellation of the reservation from us, you do not have right to demand any indemnification of damage besides a full refund as stated above.
Article 5
OUR OBLIGATIONS
We are obligated to provide services, to take care about the services provided by its contractors and to select contractors according to your interest. We are also obliged to take care about your rights and interests in accordance with the tradition of the tourism industry. We will fulfill obligations stated above, except in case of force majeure and exceptional circumstances (Article 2).
Article 6
THE GUEST’S RIGHT TO CHANGES AND CANCELLATIONS
If you wish to change or cancel the reservation, you must do so in writing (via e-mail, fax or mail). We will approve change only if it is possible. Change of reservation understands: change of number of Guests; change of consumer of service; change of accommodation, change of service and/or change of date of the service.
If there is a possibility of change of reservation without additional expenses, the change will be performed without extra charge. If change of reservation requires additional expenses, those expenses will be extra charged to you with a prior notice. In case, you do not accept extra charges caused by reservation change or if change of reservation is not possible, and you for that reason cancel the reservation, conditions for cancelled reservations will be applied as follows:
– for reservation cancelled up to 60 days prior to the beginning date of the service we will charge 50% of the total amount of reservation
– for reservation cancelled from 59 to 40 days prior to the beginning of the service, we will charge 60% of the total amount of reservation
– for reservation cancelled from 39 to 25 days prior to the beginning of the service we will charge 70 % of the total amount of reservation
– for reservation cancelled from 24 to 8 prior to the beginning of the service, we will charge 80 % of the total amount of reservation
– for reservation cancelled from 7 to 0 prior to the beginning of the service, we will charge 100 % of the total amount of reservation
In case of cancellation for exceptional circumstances (Article 2, this General Terms and Conditions) you are obliged to present written document issued by the authorized institution. We will check authenticity of the document and only if the document is authenticable, you will have right to full refund.
When reservation is paid by credit card, the refund will be given on the credit card as well. We are obligated to refund amount for cancelled reservation within 60 days of accepted written document issued by the authorized institution in case of exceptional circumstances. If the Client who cancels a reserved and paid service finds a new customer for that service, we will charge only real additional expenses. New Client accepts all obligations from these General Terms and Conditions.
Article 7
GUEST’S OBLIGATIONS
You are obligated to:
– have valid travel documentation
– respect and abide by all customs and foreign exchange regulations as well as the laws and other regulations of the Republic of Croatia
– enquire whether or not you need visa for the Republic of Croatia, and if so, you are obligated to pay expenses for it
– abide by house rules of the accommodation units and cooperate with the service providers in a well- intentioned manner
– upon arriving at the destination, present the service provider with the document proving that the service is payed.
If you do not follow these regulations, you will be responsible for expenses or damage.
If you are coming with a pet, you are obligated to announce in advance number of pets eventually coming, type and size.
Article 8
SETELMENT OF COMPLAINTS
We are not responsible for the damaged, lost or stolen luggage or any valuables kept in the accommodation. Lost or stolen luggage or valuables are to be reported to the service provider and the police. The Client must have adequate travel insurance for the journey and should claim the compensation on the basis of the insurance policy contracted with the insurance company for any loss or damage to luggage and/or personal possessions.
You have a right on reclamation for paid services that are not preformed. If you are not satisfied with the service, you can submit complaint in writing via mail or e- mail.
Procedure of reclamation:
– you are obligated to report complaint to the tour guide or service provider upon arrival
– if the reason for reclamation occurred during a stay, you are obligated to report complaint uponoccurrence
– you are obligated to cooperate with the service provider and our tour guide with intention to eliminate causes of the reclamation
– if you accept the proposed solution which corresponds with the service rendered on the spot, we are not obligated to take additional complaints into consideration
If the problem is not resolved on the spot following an intervention, you are obligated to submit a written complaint to us along with supporting documents as well as any photographs to support the complaint by e-mail to jakov@theguide.hr or via mail: Jakov Radman, The Guide TA, M.Ivanica 23, 10000 Zagreb, Croatia
The highest amount of compensation per complaint can cover only the complaint portion of the service.
If you do not reclaim the service on the spot, you cannot fulfill right for a refund.
We and our suppliers reserve the right for reclamation if we think that any damage is done.
By confirming reservation you accept to pay any damage at the spot.
Article 9
SECURITY OF YOUR PERSONAL INFORMATION
Your personal information is required for processing requested service. Your personal information given to us of your own free will be used for communication between you and us. We are under obligation that personal information will not be given to a third party except for the purpose of carrying out the requested service.
Article 10
INSURANCE
We strongly recommend that you come to your holiday fully insured and to make sure that all of the activities which you will be carrying out are covered by such insurance. This insurance must include emergency evacuation and repatriation costs in respect of all of your activities.
Article 11
FINAL PROVISIONS
If any of the parties finds the resolution to the dispute unsatisfactory, they are entitled to file for court arbitration. Any such dispute shall come under the competence of the Council Court in Zagreb.
Zagreb, January 2016