GENERAL TERMS & CONDITIONS FOR TRAVEL AGENCY SERVICES
1. GENERAL PROVISIONS
1.1. These General Terms and Conditions for providing Travel Agency Services (hereinafter: General Terms and Conditions) are a constituent part of the package travel arrangements program (hereinafter: Arrangement) and Package Travel Contracts (hereinafter: Contract) concluded between Travel Agency Sol-Skin (Sunce, Sol i More d.o.o., Prvomajska 5, HR52440 Poreč, TAX NO: (OIB): 18786942188 (hereinafter: Travel Agency Sol-Skin), and the buyer of travel arrangements or traveller (hereinafter: the Traveller), and sales-purchase contracts for other tourist agency services.
1.2. Expressions used in these General Terms and Conditions have the meaning established by the Act on the Provision of Tourism Services (Official Gazette No. 130/2017), unless explicitly stated otherwise.
1.3. Gender specific expressions used in these General Terms and Conditions equally apply to both the masculine and the feminine gender.
2. GENERAL TERMS AND CONDITIONS FOR PACKAGE TRAVEL ARRANGEMENTS
2.1. Package travel contract
2.1.1. The General Terms and Conditions for Package Travel Arrangements apply to package tours organized by Travel Agency Sol-Skin and package tours of other travel organizers mediated by Travel Agency Sol-Skin. Travel Agency Sol-Skin’s General Terms and Conditions are considered to apply unless the Travel Contract specifies otherwise. Package travel arrangements where Travel Agency Sol-Skin is not the responsible as a tour operator are subject to the general terms and conditions of the responsible tour operator and Travel Agency Sol-Skin is not liable for their implementation.
2.1.2. The Tour Operator is the travel agency which is specified as the tour operator in the Travel Contract and guarantees for the announced program to be carried out in accordance with the content of the arrangement.
2.1.3. In case the contract, special operating terms and conditions or a specific program should specify otherwise with regards to any point of these General Terms and Conditions, the respective conditions will apply in the following order: as specified by the contract, followed by the travel program, the special conditions and the General Terms and Conditions.
2.1.4. In case of telephone or online sales the traveller will be considered to have accepted the provisions of these General Terms and Conditions at the point when they have ordered the arrangement via telephone or online. Travellers are obliged to familiarize themselves with the General Terms and Conditions published on the website www.sol-skin.com, or any other publicly available website where Travel Agency Sol-Skin makes it possible to purchase its arrangements or arrangements organized by other tour operators.
2.1.5. A traveller is any person who wants to conclude a package tour travel contract or who has the right to travel pursuant to a concluded package tour travel contract and these General Terms and Conditions for Travel Arrangements apply to them.
2.1.6. All data and conditions in the program and these General Terms and Conditions are binding for the Tour Operator and the traveller, unless the Contract specifies otherwise.
2.2.1. Booking of a travel package or excursion offered by Travel Agency Sol-Skin can be made in Travel Agency Sol-Skin’s branch office and the branch offices of other travel agencies acting as agents offering package tours for which Travel Agency Sol-Skin is the responsible tour operator, by providing the required data via e-mail, regular mail, telephone or online. During the course of the registration, Travel Agency Sol-Skin and the traveller will close a contract which will also serve as a booking confirmation and contain information on the traveller’s package tour or refers to the arrangement program containing such information. During the process of registration the traveller is obliged to provide all data, submit documents required for the travel program and pay an advance sum as stated in the offer as well as registration and booking costs.
2.2.2. Based on the registration/request received by Travel Agency Sol-Skin, the Agency shall offer the Traveller a Contract which is considered binding once the contracting parties sign it or otherwise clearly confirm their consent (online, via e-mail, by making available the credit card details, by payment to the account) and produces legal effects if and when Travel Agency Sol-Skin receives the appropriate payment within the agreed deadline. Unless otherwise stated in the program, a payment of 30% of the price is required on signing the Contract and the rest not later than 45 days prior to the date of departure, group cruise departures and far travel tours. In the contract the Tour Operator and the traveller can also agree other possibilities of payment.
2.2.3. For its services Travel Agency Sol-Skin charges the traveller standard booking costs and costs of setting up the contract in selling tourist arrangements in the amount of HRK 50,00 per registration for package tours. For complex offers/tailor made travel arrangements, Travel Agency Sol-Skin charges a deposit for setting up the offer in the amount of HRK 150,00 or EURO 20,00.
2.2.4. A traveller who does not submit to Travel Agency Sol-Skin accurate data at registration is liable for any costs or consequences arising from the usage of inaccurate data.
2.2.5. The registration is binding for the traveller. The traveller can only cancel a registration in accordance with the conditions for cancellation of the trip by the traveller as stipulated herein. The Contract is established once signed by the traveller and Travel Agency Sol-Skin or once the traveller makes a payment on account of the package tour irrespective of whether the Contract has actually been signed or not.
2.2.6. Apart from a written registration or signed contract, a binding registration is considered to be any order addressed to Travel Agency Sol-Skin orally or in writing, provided that it contains the given and the family name of the traveller and other travelling companions, the credit card number or identification of another payment instrument, payment of the registration fee or part thereof, payment of the registration or booking cost or a conclusive act confirming that the traveller has forwarded a binding registration or a registration containing any of the above data.
2.2.7. In the case of booking on request (RQ-request), the traveller pays a deposit in the amount specified by the cancellation cost schedule of the responsible tour operator which is not less than 10% of the total price. Everything set forth herein or in the terms and conditions of the responsible tour operator, becomes binding for the traveller and the tour operator, provided that the responsible tour operator confirms such on-request booking.
2.2.8. Should the traveller decide to make a booking with option (upon agreement or offer) by the Tour Operator, the conditions of concluding the contract as set forth in the option document apply. The option is not valid nor binding in case of force majeure or stop booking.
2.2.9. In case an order or sales-purchase of a travel arrangement is made online, it is subject hereto and to the applicable special conditions and the offer published on the Travel Agency Sol-Skin website or the website of the agent. Should the provisions hereof and the provisions of the special conditions or offer published on the website not match, the provisions published on the website apply. The traveller is considered to have accepted the provisions of the general and special terms and conditions of the travel arrangement at the point of ordering the travel service through the website. The closing of a Travel Contract online is conditional upon payment of the entire price of the travel arrangement.
2.3.1. The date of payment is considered to be the day when the traveller’s payment is received on Travel Agency Sol-Skin’s bank account, or the traveller makes the payment to Travel Agency Sol-Skin cash desk or at an authorized agency.
2.3.2. Should the traveller not pay the total arrangement price or a part of it, within the agreed deadline, it is considered that he has cancelled the Travel Contract and the conditions of cancellation of the Travel Contract by the traveller, apply.
2.3.3. Timely and duly paid advance- and registration costs guarantee the traveller, subject to the conditions stipulated herein or the provisions defined in the special operating conditions or the program – their participation, ie. availability of the specific tourist or travel arrangement.
2.3.4. At the beginning of the travel arrangement/the tour/the excursion, the traveller is obliged to present to the tour manager/guide/Travel Agency representative a document confirming the payment of the arrangement (voucher and/or certificate of payment), otherwise the tour manager/guide/Travel Agency representative will not allow the traveller to join the tour/excursion. If more persons than stated on the traveller’s documents (voucher) should appear for the tour, the Tour Operator has the right to deny the unannounced guests the right to travel or to accept all guests against additional payment for the unannounced guests on the spot, subject to availability. In case the age of the travellers appearing for the tour should differ from the age stated in the traveller’s documents (voucher), the Tour Operator or the tour manager/guide have the right to deny the travellers the right to travel or to accept all travellers against additional payment of the price difference depending on the age of the traveller(s) on the spot. The traveller can pay in cash or by other means of payment in accordance with the conditions of cashless operations of financial institutions in case of cashless payment (eg. by credit or debit card). In case of a substantiated request by the traveller for reimbursement of the entire or part of an amount paid, the tour manager/guide/Travel Agency representative shall make the reimbursement to the traveller’s bank account.
2.3.5 By paying for the booking the traveller confirms to be fully familiar with all features of the travel service. By paying for the booking the guest confirms to accept the General Terms and Conditions for Providing Travel Services.
2.3.6. Should the arrangements for a traveller be booked by an authorized travel agency, all provisions stated under this point apply to the authorized travel agency as well.
2.3.7. Special payment conditions may be stated in the offer, contract or price list.
2.4.1. The travel arrangement prices are stated in Kuna or EURO and are in effect as of the date of announcing the program.
2.4.2. Apart from the basic price of the arrangement the traveller is obliged to pay any obligatory surcharges that are, unless calculated within the basic price of the arrangement, added to the basic price of the travel arrangement and to the possible optional surcharges to form the final price and hence, pursuant to the Travel Contract, constitute the total financial obligation of the traveller.
2.4.3. Upon request of the Tour Operator the traveller is obliged to make an upfront and separate payment of any taxes, fees or entrance tickets specified by special regulations, charged by the Tour Operator on someone else’s behalf and for someone else’s account and the amount whereof is beyond its responsibility but which payments are necessary for the service to be realized. The Tour Operator shall advise the traveller in time of the existence, price and possible changes to the regime of collecting such fees.
2.4.4. Upon conclusion of the package tour travel contract the Tour Operator is allowed, not later than 21 days prior to the commencement of the tour, to increase the agreed price if such price increase is a direct consequence of the change of: the price of passenger transportation arising from the cost of fuel or other sources of energy, the amount of taxes or travel service fees comprised in the contract which are determined by third persons not directly involved in carrying out the package tour, including tourist taxes, landing fees or boarding and unboarding charges in ports and airports or foreign exchange rates relevant for the package tour. The price increase is calculated at the same rate at which the calculation elements have changed. The traveller is entitled to a price discount which corresponds to any decrease in costs stated herein which occurs after the contract was concluded and prior to the commencement of the package tour. In case of price decrease the Tour Operator has the right to deduct the actually incurred administrative costs from the amount of reimbursement owed to the traveller.
2.4.5. The price increase is calculated at the same increase rate before the stated calculation elements. The traveller has the right to cancel the Travel Contract if the price increase exceeds 8%. In that case the traveller is entitled to the reimbursement of the amount paid with no right to damages or possible visa, insurance, vaccination and similar costs. In case of airline tickets, the airline fees are subject to change until the day of issuance of the airline ticket.
2.4.6. The Tour Operator shall inform the traveller of any possible change of the travel arrangement price.
2.4.7. The Tour Operator is not liable for special and additional services not included in the contract as well as those requested by the traveller over the course of the tour and paid on the spot to the immediate service provider, irrespective of the support provided by the Tour Operator representative in obtaining such services and the information on the approximate prices of such services.
2.4.8. Travel Agency Sol-Skin may recommend in its program for the traveller to pay for individual services such as optional excursions, sports equipment renting and the like, on the spot. In that case Travel Agency Sol-Skin does not act in the capacity of operator or agent, but solely as informer. In such case the traveller can only address complaint requests to the service provider, on site.
2.4.9. Travel Agency Sol-Skin may determine the arrangement price in the program explicitly stating that the price may go down if a certain number of travellers register for the tour or other exactly stated conditions occur. Such provision does by no means guarantee that the conditions for the price drop of the arrangement will actually occur and the traveller has no right to withdraw from the contract because the conditions for the potential price drop have not occurred.
2.4.10. Possible discounts and benefits are always mutually exclusive and never add up and in such case travellers may select the discount or benefit that suits them most and for which they are eligible. The discount is only calculated on part of the price exclusive of obligatory or additional surcharges, ie. such part of the price which is net of sojourn tax, airline and port charges and the like or additional special services (food, excursions, transportation and so on).
2.4.11. Over the course of selling a specific package tour the Tour Operator may reduce the price of the arrangement offering it as Last Minute, First Minute, Special Offer and the like, with a view to improving sales of such arrangement and with no impact on the sales contracts for such arrangement which have already been concluded.
2.5. SERVICES INCLUDED IN THE TRAVEL ARRANGEMENT
2.5.1. Unless stated otherwise in the program, the arrangement price includes hotel accommodation, the organization of the tour and other services stated in the program.
2.5.2. Unless defined otherwise in the program, the price of a specific tourist arrangement applies to one person for accommodation in a double room used by two persons.
2.5.3. The content of the arrangement comprises and the price of the arrangement includes everything as stated in the program. Individual special and additional services (transfers, additional meals, optional excursions, entrance tickets, visa applications, vaccination, travel insurance, tips etc.) which are not included in the announced arrangement price and can be secured and included in the Contract by the Tour Operator are paid separately by the traveller. If the price of some requested service that can be secured by the Tour Operator is not stated in the program, the Tour Operator shall inform the traveller of such price prior to concluding the Contract.
2.6. SPECIAL SERVICES
2.6.1. Special services are those which are typically not included in the basic price of the arrangement, such as for example single room, special diet, optional excursions and the like.
2.6.2. In case special or optional services are announced for a specific arrangement, the traveller may at registration express the wish to use such services and pay for them in addition to the basic arrangement price. The announced prices of optional or special services are only valid in case such services are ordered and paid for at the point of registration for and payment of the basic arrangement.
2.7. CANCELLATION OR CHANGE OF THE TRAVEL ARRANGEMENT BY THE TRAVELLER
2.7.1. The traveller has the right to cancel the travel arrangement. In case the traveller cancels the Travel Contract, Travel Agency Sol-Skin is entitled to the compensation of costs arising from such cancellation.
2.7.2. If the contract, program or special conditions specify different costs for the cancellation of the Travel Contract, the conditions stipulated by the contract, program or special conditions shall prevail.
2.7.3. The amount of costs to be reimbursed at cancellation of the arrangement depends on the period of time before the commencement of the service within which the traveller has cancelled the Travel Contract.
2.7.4. If the traveller cancels the arrangement, the Tour Operator shall retain the following amount out of the total price of the arrangement:
EUROPEAN BUS AND AIRPLANE TOURS
If the traveller cancels the arrangement: The following scale of charges will apply when notice of cancellation of the passenger is given after the booking is confirmed:
From the day of confirmation up to 45 days prior to arrival – Eur 200 per person (of deposit payment) is non refundable. For cancellations or changes thereafter, the following cancellation fees will apply:
No. of days prior to departure Cancellation Fee
44 – 22 days prior 35% of the remaining balance
21 – 15 days prior 50% of the total
14 – 0 days prior 100% of the total
After departure or in case of no-show without cancellation 100% of the arrangement price
2.7.5. Should the actually incurred damage exceed the amounts stated above, the Tour Operator reserves the right to charge compensation in the maximum amount of 100% of the arrangement price. The stated cancellation costs also apply to changes of departure dates and accommodation facilities or type of accommodation unit as well as any other significant changes, unless the travel program or brochure explicitly states otherwise. In case of cancellation of the arrangement the traveller is not entitled to the compensation of possible visa, insurance, vaccination or similar costs.
2.7.6. In case Travel Agency Sol-Skin is not the final organizing tour operator, responsible for organizing the tourist arrangement, the establishment of costs in case of cancellation of the tour is subject to the following conditions, unless otherwise stated in the Travel Contract:
• Until 45 days – 40% of the arrangement price;
• 44 to 30 days before commencement of service / tour – 60% of the arrangement price;
• 29 – 0 days, including the day of commencement of service / tour – 100% of the arrangement price.
2.7.7. If the subject matter of the contract is the purchase of airfare, besides the cancellation and administration costs Travel Agency Sol-Skin is also entitled to retain the amount of the booking fee (TSC) and part of the fees which are not reimbursed by the airline (security tax, YQ).
2.7.8. If the Traveller does not show up or cancels the Travel Contract at the day of commencement of the tour or even thereafter, Travel Agency Sol-Skin or another responsible tour operator shall charge the traveller for the entire amount of the arrangement.
2.7.9. At cancellation of the tour the traveller has to sign a cancellation statement submitted to him for signing by the vendor. Should the traveller refuse to sign the cancellation statement, the traveller will be considered not to have cancelled the tour.
2.7.10. During the course of the tour the traveller can discontinue the tour at own discretion subject to signing a tour discontinuation statement. Should the traveller discontinue the tour during its course, he is not entitled to reimbursement of costs or the amount paid, neither in whole nor in part.
2.7.11. Should the traveller at own discretion change the program during the course of the tour or not travel according to the program which forms a constituent part of the Travel Contract, the traveller will be considered to have withdrawn from the contract during the course of the tour. In that case he is not entitled to reimbursement of costs or the price of the tour, neither in whole nor in part, and is liable for the costs and damage caused to the Tour Operator or to other travellers by changing the program.
2.7.12. In case of changing the program at own discretion the traveller has no right to claim any damages or price reduction.
2.7.13. Prior to the beginning of the arrangement and after conclusion of the contract the traveller may transfer the package tour travel contract to a person meeting the conditions which apply to the Contract, provided that he has notified Travel Agency Sol-Skin thereof on a permanent data medium not less than seven days before commencement of the package tour and that such change is allowed by the end service providers involved in the package tour. On prior request, the Traveller can change the name and number of travellers, accommodation and travelling date if such change is possible without cancelling the arrangement. For any such change the traveller is liable to Travel Agency Sol-Skin for the actually incurred administrative cost of not less than HRK 150.00.
2.7.14. The transfer or and the transferee of the Travel Contract are jointly and severally liable for the payment of the entire price and any additional charges, fees or other costs arising from the transfer of the Contract.
2.8. TRAVEL INSURANCE
2.8.1. Pursuant to the Act on the Provision of Tourism Services travel agency employees are obliged to offer all travellers a travel insurance package that includes health insurance for the time of staying abroad, accident insurance, luggage insurance and trip cancellation insurance. At registration or at the point of concluding the Contract the traveller can pay either an individual insurance policy or the entire travel insurance package. Travel Agency Sol-Skin recommends to obtain the entire travel insurance package. Insurance policies can be concluded until the time of departure, except for the trip cancellation insurance policy which can only be concluded until the point of closing the Travel Contract, which also applies to the travel insurance package containing the trip cancellation insurance. The insurance premium is calculated taking into account the value of the travel service, according to the price list of the insurance company with which Travel Agency Sol-Skin has concluded a mediation contract. Travel Agency Sol-Skin acts as secondary agent in insurance policy sales.
2.8.2. If the traveller closes an insurance against trip cancellation with an insurance company, the traveller’s rights pursuant to the cancellation insurance are to be claimed from that insurance company, subject to the general terms and conditions of such insurance company. The course of dealing with the compensation and the time it takes to address the compensation case are in the domain of the insurance company with which the trip cancellation insurance has been closed.
2.9. TOUR OPERATOR’S RIGHT TO CANCEL THE TRIP
2.9.1. The Tour Operator may cancel the package tour travel contract before commencement of the package tour and reimburse the traveller the entire amount of payment received for the package tour, with no obligation to pay compensation for damages to the traveller if the number of persons registered for the package tour is lower than the lowest number stated in the contract and if the Tour Operator informs the traveller on the termination of contract within the deadline set forth in the Contract, but not later than:
• 20 days before commencement of the package tour for tours lasting longer than six days,
• seven days before commencement of the package tour for tours lasting between two and six days,
• 48 hours before commencement of the package tour for tours lasting less than two days.
2.9.2 The Tour Operator may terminate the package tour travel contract before commencement of the package tour and reimburse the traveller the entire amount of payments received for the package tour, with no obligation to pay compensation for damages to the traveller if the Tour Operator is prevented from executing the contract by extraordinary circumstances which could not have been avoided and if the traveller is notified of the termination of contract without unnecessary delay prior to the commencement of the package tour.
2.9.3 In case of the termination of contract from points 2.9.1 and 2.9.2. hereof the Tour Operator loses the right to the agreed package tour price and is obliged to repay the traveller all payments received from the traveller without unnecessary delay, not later than 14 days upon termination of the package tour travel contract.
2.9.4. Unless stated otherwise in the program or the travel contract, the minimum number of passengers in specific means of transportation is as follows:
• For bus travel – not less than 40 passengers per bus;
• For travelling on regular airline flights in Europe – not less than 20 passengers per individual group;
• For travelling on intercontinental airline flights – not less than 15 passengers per individual group;
• For travelling on special (charter) airline flights, trains or hydrofoils – not less than 80% of occupancy.
2.9.5. Travel Agency Sol-Skin may cancel an arrangement or make changes to the program in case of extraordinary circumstances that cannot be predicted, avoided or eliminated (war, riots, strike, terrorist actions, sanitary disorders, pandemic, natural disaster, traffic accidents, sudden and unusual traffic jams, intervention of competent authorities, sudden changes of public transport timetables, delays of airlines and other means of transportation, unfavourable weather conditions and the like), which – had they occurred at the time of closing the Contract – would have been a justified reason for the Tour Operator not to conclude the contract.
2.9.6. The Tour Operator particularly reserves the right to change the day and hour of departure due to change of the airline timetable or occurrence of other aforesaid circumstances, as well as the right to change the direction of the trip due to changed circumstances, without the travellers being entitled to compensation for damages or price reduction. The Tour Operator shall inform the traveller without delay of any change of program. The Tour Operator is not liable for delays of airlines, ships or trains nor for changes of program and cost incurred through such delays. If the circumstances at the destination make it impossible for the travellers to be accommodated at the booked facility, the Tour Operator shall at own cost accommodate the travellers in another facility of the same or higher category than the one booked.
2.9.7. Travel Agency Sol-Skin is not liable for changes in the program due to the occurrence of any force majeure during the course of the program. In such cases Travel Agency Sol-Skin shall strive to secure services for the travellers in a changed form, taking into account actual circumstances. In case Travel Agency Sol-Skin should cancel the tour, the traveller is solely entitled to the reimbursement of the entire price paid for the arrangement. Travel Agency Sol-Skin shall notify the traveller immediately of any subsequent change to the program. Should Travel Agency Sol-Skin or another tour operator cancel the contract over the course of its duration, the traveller is solely entitled to the reimbursement of the amount for the unused portion of the services agreed. Similarly, the traveller has no right to the reimbursement of administrative costs and the premium for the insurance closed with an insurance company.
2.9.8. Travel Agency Sol-Skin can cancel the contract or withdraw from the contract and claim compensation from a traveller who does not comply with the travel contract, primarily if the traveller intentionally provided inaccurate information on the travellers and their age or if changes occurred during the course of the tour of which the traveller has not notified Travel Agency Sol-Skin.
2.9.9. The Tour Operator bears no responsibility if individual activities and services that depend on the weather conditions (lack of snow, low sea temperature, unusual rainy period, precipitation and the like) and natural phenomena (algae bloom/red tide, occurrence of insects, jellyfish and the like) cannot be realized in line with the travellers’ expectations.
2.10. TRAVEL DOCUMENTS AND OTHER TRAVELLER’S OBLIGATIONS
2.10.1. The traveller is obliged to obtain information on current regulations regarding travel documents, visas, foreign exchange, customs and health regulations. Travellers are obliged to take care of themselves, their documents and luggage and to comply with the conditions set forth by the border customs, health and other regulations of their country and the countries to or through which they travel. Travellers registering for travelling abroad have to carry throughout the tour a valid passport or another valid document allowing them to enter an individual country, such documents to be valid for a minimum of 6 months as of the day of return or otherwise as stated in the program.
2.10.2. In case individual states should make the entry to such state conditional on the travel document as at the day of entry being valid for a certain period of time until expiry, the travellers are obliged to take care of such provision themselves. Travel Agency Sol-Skin is not liable for possible difficulties or the traveller’s compulsory discontinuation of the tour for such reason.
2.10.3. Travellers are obliged to make sure their documents and things meet the conditions specified by the carrier and those set forth by the border, customs, health and other regulations of their country as well as the countries through or to which they travel and the Tour Operator is not liable for the decisions of official persons withholding the traveller transport, refusing to issue a visa or not allowing them to enter an individual country nor for the costs arising therefrom. Should the aforesaid reasons give rise to the cancellation of the tour before or over the course of the tour, the Tour Operator reserves the right to compensation for damages as set forth herein.
2.10.4. When registering for the tour the traveller is obliged to submit all required personal data identical to those stated in the valid travel document he/she will be travelling with, which they provide voluntarily and which are required for the realization of the contracted tour. The Tour Operator is not liable for incomplete, inaccurate or untimely submitted Traveller data required for the realization of the tour.
2.10.5. Prior to the tour, ie. within the time set forth in the program, the Traveller is obliged to obtain a visa for the countries he is travelling to and receive the vaccinations which are mandatory for such states. Should the Traveller not meet the aforesaid obligations, Travel Agency Sol-Skin can cancel the travel contract. Travel Agency Sol-Skin can act as mediator in obtaining the visa in case such service has been agreed with the traveller. Travel Agency Sol-Skin does not guarantee that the visa will be obtained. Travel Agency Sol-Skin will not reimburse the costs of obtaining the visa to the traveller. Travel Agency Sol-Skin does not guarantee the accuracy of information received from competent diplomatic missions and forwarded to the traveller. In case of refusal of entry to a state or other limitations, all costs shall be borne by the traveller. The mediation of Travel Agency Sol-Skin in obtaining a visa is not calculated in the price of the tour and is to be paid separately. If the traveller has not provided Travel Agency Sol-Skin with the required documents for obtaining a visa within the deadline set forth in the program or the offer, it is considered that the traveller will take care of obtaining the visa himself. Due to the requirements of the international passenger traffic the traveller is obliged to provide all necessary data on all of his travelling companions at registration. The data have to be completely aligned with the data in the official documents the travellers are obliged to carry during the trip, in compliance with the regulations on crossing state borders and the appropriate foreign legal provisions. In case inaccurate data should give rise to delays, additional costs or discontinuation of the tour, the respective traveller shall be liable for all costs incurred by other travellers. The traveller is obliged to comply with the rules of conduct in restaurant or hotel facilities and cooperate in a well-intended manner with the Tour Operator representative and the service provider. In case of non-compliance with all obligations the Tour Operator denies any responsibility for the damage caused and the traveller shall pay for it on the spot.
2.10.6. Costs and damage incurred due to loss or theft of documents or other valuables during the course of the tour shall be borne by the traveller. The traveller is obliged to comply with personal safety rules that would be applied by any average person and to exercise due care. The Tour Operator is not liable for actions taken by the traveller which concern his personal responsibility.
2.10.7. If travellers do not meet their obligations, they are liable to the Tour Operator for the damage arising therefrom. The Tour Operator is not liable for any damage the traveller may incur in such case. Over the course of the trip travellers are obliged to behave in a manner which does not jeopardize the lives or health of their travelling companions nor the course of the tour. In case a traveller should behave contrary to this provision, the representative of the Tour Operator has the right to exclude him from continuing the trip without reimbursing any costs except for unused fees paid by the traveller on the spot.
2.11. NOTICE PRIOR TO THE DEPARTURE / TOUR
2.11.1. The Tour Operator or its agent are obliged to make available to the traveller promotional materials and these General Terms and Conditions in written or electronic form and to provide the required and appropriate information on the main features of the travel service, the Tour Operator and agent of the trip, the price of the arrangement, ways of payment, information on basic features of the tour, the minimum number of passengers required for the trip to take place and the deadline for notification that the required number of persons has not been met, on the conditions of the destination country with regards to passport and visa requirements, on the fact that a traveller can cancel the contract at any point in time before commencement of the package tour against payment of an appropriate cancellation fee, on the not obligatory or obligatory insurance for covering the cost of cancelling the contract by the traveller or the cost of providing help, including repatriation, in case of accident, illness or death. By signing the contract the traveller confirms to have been presented the above information and to be aware of the content and the possibility of insurance.
2.11.2. Travel Agency Sol-Skin does not send notices to travellers prior to the tour via regular mail, unless specified otherwise in the program. Travellers shall receive notices prior to the trip to their email address, if they have provided it at registration; otherwise they can pick the notices up at their place of registration, where these will be available not later than three to five days prior to the commencement of the tour. Information the traveller receives orally at the point of sale, via telephone or in another form or in writing from an unauthorized person are not binding on the Tour Operator to a greater extent than information set forth in the tour program, these General Terms and Conditions and the Contract.
2.11.3. Photographs published on the website and in promotional materials are for convenience/information purposes only and are not binding.
2.11.4. The Tour Operator is not responsible for possible printing errors or for subsequent changes in new editions of promotional materials and programs of which the traveller was informed prior to concluding the Contract and in that sense the applicable data are those provided in the Contract and not in the promotional material.
2.11.5. According to the regulations of the World Health Organization, travellers are obliged to receive vaccination before travelling to certain countries and obtain an appropriate certificate of vaccination. The vaccination is also mandatory if such regulation was accepted by signing the travel contract.
2.11.6. Travel Agency Sol-Skin is not liable for theft or damage of the traveller’s luggage or other personal items, valuables and personal documents in accommodation facilities or means of transport. The traveller shall address all issues regarding disappeared, damaged or destroyed items directly with the immediate provider of transportation or accommodation services. Transport of special luggage, such as bicycle, surfing or golf equipment is subject to surcharge to be paid by the traveller to the carrier, mainly at departure. In any case, the transport of such luggage has to be announced at registration. Irrespective of the above, due to limited capacity the carrier is by all means entitled to refuse the transport of such special luggage. All costs or damage which may arise therefrom shall be borne by the traveller.
2.11.7. The transportation of luggage up to a certain weight specified by the carrier is free of charge. Each additional kilogram is subject to surcharge payable by the traveller on the spot in the appropriate currency, ie. according to the carrier’s regulations. Children up to two years of age are not entitled to free transportation of luggage. In air transport the sole responsibility for the luggage lies with the airline. In case of lost luggage the traveller has to submit the appropriate, duly filled in form to an airline representative, while keeping one copy. Based on this form the airline can pay damages, in compliance with the regulations in force in passenger air traffic.
2.11.8. Transportation and accommodation of pets is not allowed, unless exceptionally permitted upon request and against surcharge.
2.12. CARRIER PUNCTUALITY
2.12.1. Travel Agency Sol-Skin reserves the right to change the transportation timetable, type of aircraft, carrier and flight direction (stopovers, flights via other airports etc.) which may occur due to various technical and organizational reasons. Delays can also occur as a consequence of airspace overload, strike or bad weather; these are beyond control of the Tour Operator. The occurrence of such changes is not considered to be a change of the tour program, as the first and the last day of the trip are solely intended to arrive to a destination and depart from it and the respective transportation, and not for leisure. The traveller is obliged to check the hour of return with the Tour Operator representative 24 hours before return.
2.13. LOSS OF PERSONAL/TRAVEL DOCUMENTS
2.13.1. Should the traveller’s travel documents be lost or damaged during the trip and they are necessarily required for the continuation of the tour or the return to the country of departure, the traveller shall obtain new travel documents at own expense.
2.13.2. The traveller can ask the tour guide/manager or the representative of the Tour Operator for advice and help in obtaining new travel documents, during the tour program, while following the regular course of the tour program.
2.13.3. Should the traveller be forced to discontinue the tour due to loss or damage of travel documents, he is not entitled to any reimbursement of the tour price or reimbursement of costs.
2.14. ACCOMODATION FACILITY CATEGORIZATION AND GENERAL RULES OF CONDUCT
2.14.1. The offered accommodation facilities, restaurants, means of transportation and other means of providing travel services are described according to the official categorization of the local tourist organization or another competent authority at the time of announcing the tour program. The accommodation, food and other travel service standards of individual places and countries are different and not always comparable.
2.14.2. Rules of conduct, food, services, beaches and other facilities offered by hotels are under the supervision of local tourist organizations or the official ministry of tourism. These elements are beyond any control of the Tour Operator.
2.14.3. Travellers are advised to carefully read the description of arrangements designated as ALL INCLUSIVE in the tour program/offer/ or contract. Not all inclusive offers are identical. Usually the basic service in an all-inclusive offer is full board including breakfast, lunch and dinner with a drink included in the price for every meal.
2.14.4. If the traveller does not pay a surcharge for a room with special characteristics (sea view, balcony, position – orientation, specific floor) at the point of reservation, they will be accommodated in one of the rooms officially registered for accommodating guests in the hotel. The room distribution falls under the competence of the hotel operator with no influence of Travel Agency Sol-Skin. The Tour Operator may forward the traveller’s wishes to the hotel operator, but cannot guarantee that these will be met. Accommodation in single rooms does mostly not correspond to the double room standard. With triple room accommodation the traveller has to take into account that these are mostly double rooms with an additional bed, where the accommodation for the third person is not equal to the accommodation for the other two. Mostly these are foldable beds the size and comfort of which is not equal to a regular bed and is suitable for a child.
2.14.5. Should the traveller not have exclusively agreed an accommodation unit (room, suite, cabin and the like) with special features, he shall accept any officially registered accommodation unit in the respective facility. Check-in time for the accommodation unit is usually between 4:00 p.m. and 8:00 p.m. while the check-out time is usually until 9:00 a.m. or 10:00 a.m. the last day of the service, unless the rules of conduct and regulations of the service provider specify otherwise, whereof the traveller will be advised directly by the service provider at check-in. In case of arrival at or departure from the accommodation unit at a time which does not coincide with the check-in or check-out time for this accommodation unit, the service provider will secure a suitable space for the traveller to deposit the luggage and keep it safe in accordance with the rules of operation of the accommodation unit, but cannot guarantee for such request to be met. Travel Agency Sol-Skin shall inform the service provider of any additional request of the traveller related to the accommodation unit that was announced in advance (accommodation of pets, cot/child’s bed, room orientation, room position, floor, comfort etc.) but cannot guarantee for such request to be met. The service provider can also charge the traveller for such additional request on site, whereof the traveller will be informed by the service provider.
2.15. COMPLAINTS AND OBJECTIONS
2.15.1. Irregularities and shortcomings in providing agreed services need to be indicated by the traveller on the spot by stating a complaint to the tour guide/manager, Tour Operator representative or the representative of another tour operator organizing the arrangement, the immediate service provider or authorized local agency. If, depending on the content and as the case may be, the complaint could have been addressed on the spot (eg. unsatisfactory room cleanliness, equipment, position of the room etc.) and the traveller did not object on site and did not notify the aforesaid persons of these shortcomings, the traveller is considered to have consented to the service provided and loses the right to lodge a complaint subsequently and request price reduction or compensation of damages. Travel Agency Sol-Skin shall not consider any complaints unless the traveller has submitted his written complaints to its representative or directly to the service provider, which will certify that the shortcomings could not have been addressed on the spot.
2.15.2. Procedure of filing a complaint: the traveller has to complain against an inappropriate service to the Tour Operator representative on the spot and in case of his absence to the service provider. In eliminating the cause of the complaint the traveller needs to cooperate with the representative in a well-intended manner. If the traveller does not accept the offered solutions to the cause of the complaint which correspond with the agreed services, the Tour Operator will not take into account later requests for the reimbursement of costs or reduction of the tour price. If it is not possible to eliminate the cause of the complaint, the traveller will together with the representative draw up a written report. Upon return from the tour, within two weeks after the end of the tour, the traveller must send a written complaint via registered mail to the address: Travel Agency Sol-Skin, (Sunce, Sol i More doo) Prvomajska 5, 52 440 Poreč, or to the email address: firstname.lastname@example.org with enclosed evidence, that the complaint is substantiated. In particular and not less than the following documents should be forwarded: written confirmation signed by the representative or service provider, invoices related to additional costs and the like. The traveller can also send the complaint to the point of sale at which the travel contract was concluded. The Tour Operator is obliged to respond to the traveller in writing within 15 working days upon receipt of the complaint. During the period until the response from the Tour Operator to the complaint the traveller is not entitled to lodge complaints or requests to third parties and competent institutions or make information related to the complaint publicly available.
2.15.3. If Travel Agency Sol-Skin is not the responsible tour operator, it shall forward the complaint to the responsible tour operator and advise the traveller thereof in writing.
2.15.4. If the Tour Operator only acts in the capacity as informer, the traveller has to report all complaints and the related requests on the spot to the actual immediate provider of the respective service.
2.15.5. The Tour Operator shall not consider any requests for price reduction or compensation of damages without written complaint. The complaint sent by mail has to be signed and it can be filed by any traveller on his own behalf or by a third person authorized in writing.
2.15.6. The traveller is entitled to the reimbursement of the price or compensation of damage in the amount of the actual value of the service not provided. This provision does not apply to cases when the Tour Operator has the right to cancel the arrangement or change the program, in compliance with applicable regulations. The limitation of liability applies to all tours for which a travel contract has been concluded. The traveller is not entitled to compensation of lost profits and compensation of intangible losses and costs arising therefrom.
2.15.7. For damages which are not the consequence of bodily injury or damages which were not caused by the Tour Operator on purpose or through negligence, the Tour Operator is liable to the traveller up to the amount stipulated in item 2, Art. 45 of the Act on the Provision of Tourism Services. Should international conventions which are binding on the European Union or legal regulations based thereon limit the scope of the compensation of damages owed by the provider of travel services which are part of a package tour or limit the conditions under which they are obliged to compensate such damage, such assumptions, limitations and exclusions apply to the Tour Operator accordingly and the Tour Operator may refer thereto in relation to the traveller. The compensation of damages or price reduction to which the traveller is entitled are mutually deducted.
2.16. PERSONAL DATA PROTECTION
2.16.1. Travel Agency Sol-Skin keeps all personal data received from travellers in compliance with the Personal Data Protection Act and other applicable regulations. It is considered that by his signature on the travel contract the traveller gives consent for the processing of personal data for the purpose of concluding and fulfilling the contract. By the acceptance hereof the Traveller at the same time gives consent to Travel Agency Sol-Skin for the transmission of personal data to authorized third persons as well as consent for the traveller’s personal data to be used for the following purposes: direct sales, market research, analysis of operations, customer segmentation, statistical processing and informing on the offer of Travel Agency Sol-Skin and its business partners. If the traveller is not willing to give such consent he must declare so when registering for the tour.
2.16.2. Travel Agency Sol-Skin keeps the right to use all recorded, filmed or photographed material for promotional, advertising or other lawful purposes which might be collected during a trip. The Traveller waive any rights of compensation or ownership regarding such uses by signing the contract for the Travel arrangement. If the traveller is not willing to give such consent he must declare so when registering for the tour.
2.17. GUARANTEE FUND INSURANCE
2.17.1. Pursuant to regulations, in case of insolvency or bankruptcy of the responsible tour operator, a traveller currently on tour as well as persons who made advance payments for tours need to contact the insurance stated in the Travel Contract as soon as possible.
2.18. SPECIAL ARRANGEMENTS
2.18.1. For certain tours Travel Agency Sol-Skin may establish special arrangement conditions which will apply to the relationship between the Tour Operator and the traveller with regards to such arrangement to the extent such special arrangement conditions differ from these General Terms and Conditions.
2.18.2. TRAVELLING WITH CHILDREN. In certain cases, specified by the individual tourist arrangement program, it may be set forth that minor children up to the age as determined by the program, travelling with two adult persons receive discounts on specific services within the scope of the tourist arrangement or the whole arrangement. The conditions and the amount of a specific discount are set forth in each individual package tour program. If no special discounts for minors travelling with adult persons are envisaged in an individual program then such package tour does not entail special discounts of this type. Each child, irrespective of its age and the amount of potential discounts, has to be specified in the travel contract and has to have valid travel documents required to enter the states in or through which the tour takes place. If the child is not specified in the travel contract or voucher for a specific package tour it is considered not to have the right to travel within the scope of that package tour.
3. FINAL PROVISIONS
3.1. In case of dispute between the parties the competent court is the court of subject matter jurisdiction in Poreč, which will apply the substantive law of the Republic of Croatia.
3.2. These General Terms and Conditions have been published at the website www.sol-skin.com
In Poreč, 11th of May 2020, Travel Agency Sol-Skin (Sunce, Sol i More doo) Prvomajska 5, 52440 Poreč, ID HR-AB-52-040195601