General terms for organising and booking travel

(edition: Zadar, March 2019)

Article 1. Applications and payments

A traveller/client may apply for travel organised by TOPENA at the agency’s office, by e-mail, by telephone, by fax and/or with an authorised sub-agent. The application is considered valid upon the signing of a Travel Contract bearing a serial number and the payment of an advance. Upon confirmation, at least 30% of the price of the arrangement is paid, unless otherwise stated in the programme or unless otherwise indicated in the Travel Contract bearing a serial number. The difference up to the full price of the arrangement is paid no later than 30 days before the start of the journey, unless otherwise stated in the programme. By signing the travel contract, in the clause “I am familiar with and agree to the terms of the travel booking and the details of the programme as well as the insurance offer”, the guest/client accepts in full TOPENA’s General terms for organising and booking travel. Applications for travel may be made up to the deadline established in the offer. The Travel Contract bearing a serial number is signed in two copies, one of which is kept by the traveller/client and the other by TOPENA. TOPENA does not guarantee the availability of free places for the journey after the final application deadline. In the case of an application made less than 30 days before the journey, 100% of the amount of the arrangement is paid. The above method of payment shall apply in all cases unless a different payment is stated in the arrangement, with the content of which the traveller has been thoroughly acquainted before signing the contract.

Article 2. Price and content of the arrangement

The prices of arrangements are expressed in euro. As a rule, the price of an arrangement includes (unless otherwise stated in the travel programme): transport services, accommodation and catering services and the organisation of the journey. If stated in the programme, the price of the journey may also include airport passenger taxes and the costs of expert and local guidance. The price of the arrangement does not include (unless otherwise agreed): optional (non-obligatory) excursions, admission tickets and visits, possible costs of obtaining and issuing visas, if these are not listed under the heading “the price includes”. All types of special services (single room, special diet and similar) are paid by the traveller/client personally and must be ordered when applying for the journey and concluding the Travel Contract bearing a serial number. If the traveller requests a special service during the journey, he/she pays for it on the spot to the guide or to the representative of TOPENA, in the currency of the country in which he/she is located. In that case the traveller submits any complaints directly to the provider of the services on the spot. The Travel Contract bearing a serial number obliges TOPENA to perform all the services listed in the arrangement, in the scope and content stated in the arrangement, except in cases that must be stated in the arrangement, and in unforeseeable cases of exceptional circumstances such as force majeure (weather disasters, strikes, states of war and similar). TOPENA will undertake the performance of special services requested by the traveller depending on the possibility of performance, and the services will bind it only if it has expressly undertaken performance in the contract.

Article 3. Categorisation and description of accommodation

The accommodation capacities offered in TOPENA’s programmes are described according to the official categorisation of the country concerned at the time the programme was issued. Catering, comfort and other services in the accommodation offer are under the supervision of the local tourist authorities, and the standards of accommodation and services differ and are not comparable. TOPENA accepts no responsibility for any information that is not in accordance with the description of services in the programmes and that has been obtained from a third person.

Article 4. Accommodation in rooms/apartments

The allocation of rooms/apartments is determined by the reception desk at the place of stay. If the traveller has not expressly contracted a room/apartment with particular features, he/she will accept any officially registered room/apartment available for rent in the individual facility described in the arrangement and price list. Where possible, TOPENA will try to satisfy the traveller’s additional request regarding accommodation (comfort, orientation of the room, floor and similar), but cannot guarantee that the additional request will be met. Pets may not be brought into the accommodation capacities unless otherwise stated, and if this is permitted, a surcharge may be required.

Article 5. Basic number of travellers

When booking a programme, the price of the programme is defined on the basis of the number of travellers going on the journey. If the number of travellers falls below the minimum number of travellers stated in the programme, TOPENA prepares a new calculation and informs the travellers of the price of the journey, and the rights and obligations from the chapter “right to a price increase and right to cancel because of a price increase” apply.

Article 6. Costs of cancelling the journey

If the traveller cancels the arrangement, TOPENA retains the following amounts from the total price of the arrangement

up to 30 days before departure EUR 13.27 as administrative costs

from 29 to 22 days before departure 15% of the price of the arrangement,

from 21 to 15 days before departure 30% of the price of the arrangement

from 14 to 8 days before departure 50% of the price of the arrangement

from 7 to 1 day before departure 80% of the price of the arrangement,

on the day of departure and thereafter (so-called No show) 100% of the price of the arrangement,

A change of the date of departure and of the type of room/apartment is considered, for the purposes of these terms, to be a cancellation of the booking. A cancellation scale different from the one stated above is also possible if it is set out in the travel programme. In addition to an oral cancellation, the traveller is obliged to sign the cancellation document prepared for him/her by the seller. If he/she refuses to sign the document, it is considered that he/she has not withdrawn from the journey.

Article 7. Cancellation risk insurance

In order to avoid costs in the event of cancellation of the journey, it is recommended that travel cancellation risk insurance be taken out. TOPENA does not include the costs of travel cancellation risk insurance in the price of the arrangement, unless otherwise stated in the description of the arrangement. TOPENA points out that the cost of such insurance varies from insurer to insurer and advises the traveller/client to obtain full information before concluding such insurance. In the event of cancellation of the arrangement, the amount of the premium paid for cancellation insurance is not refunded if it was included in the arrangement. Likewise, upon cancellation of the arrangement the cost of obtaining visas is not reimbursed even though the traveller has paid for cancellation insurance. The terms of insurance are set out in the insurance policies.

Article 8. Insurance against the consequences of accident and illness, insurance against the risk of damage to and loss of luggage, and voluntary health insurance of persons during travel and stay abroad

The prices of TOPENA’s arrangements and programmes include insurance against the risk of accident and illness during travel, but do not include insurance against damage to and loss of luggage, nor travel cancellation risk insurance. We therefore recommend that the said insurance policies also be paid for when paying for the arrangement. Should such insurance be desired, the insurance may be contracted directly with one of the insurers or through TOPENA, whereby TOPENA acts only as an intermediary. Irrespective of the insurance company with which the insurance is contracted, whether through the travel agency or directly with the insurer, it is recommended that the terms of insurance be read carefully before purchase so that the traveller/client becomes acquainted in detail with which risks are covered by the insurance and to what extent, and with how to act in the event that an insured event occurs, in accordance with the terms of insurance, in order to exercise his/her rights.

Article 9. Cancellation of the journey by TOPENA or change of programme

If an insufficient number of travellers apply, TOPENA reserves the right to cancel the journey, but no later than 30 days before the journey. The minimum number of travellers required for an individual journey to take place is specially indicated with each programme. TOPENA also reserves the right to change the travel programme in whole or in part if, immediately before the start of the journey, extraordinary circumstances arise that could not have been foreseen or avoided. TOPENA also reserves the right to change the day or hour of departure because of changes to the flight schedule or the occurrence of unforeseen circumstances, as well as the right to change the route of the journey if the conditions of travel change (a changed flight schedule, the security situation, natural disasters and other matters beyond TOPENA’s control), and this without payment of compensation, in accordance with the regulations in force in international transport. If TOPENA cancels the journey, the traveller is entitled to payment of the entire amount paid.

Article 10. Travel documents

Travellers are obliged to hold valid personal travel documents. Invalid documents, which result in withdrawal from the journey or in the impossibility of continuing a journey already begun, do not bind TOPENA in any respect. If travel documents are lost or stolen during the journey, the costs of issuing new documents are borne by the traveller. TOPENA’s escort will assist the traveller in such a situation, while taking care of the normal running of the programme. If a visa is required for a particular journey, TOPENA may act as an intermediary in obtaining it for a special surcharge.

Article 11. Foreign exchange and customs regulations

The traveller/client is obliged to comply with the foreign exchange and customs regulations and the laws of the Republic of Croatia, as well as with the regulations and laws of the countries through which they pass and in which they stay. If the journey cannot be continued because of a breach of regulations and/or laws by the traveller/client, all resulting costs and consequences are borne by the traveller/client.

Article 12. Health regulations

Travel to certain countries may require compulsory vaccination against certain diseases. When travelling to those countries the traveller/client is obliged to hold certificates and documents on vaccination.

Article 13. Health care for travellers abroad

The traveller/client has the right to health care in the country and abroad to the extent and under the conditions established by an agreement between the country in which the traveller is staying and the Republic of Croatia, if such an agreement has been signed. The traveller/client is obliged to obtain information on these rights personally before setting off on the journey.

Article 14. Luggage

The carriage of luggage by aircraft is free of charge up to the weight determined by the air carrier, which is indicated in the programme of the arrangement. Excess luggage is paid for by the traveller according to the air carrier’s prices in force at the time of check-in for the flight. Children under 2 years of age are not entitled to free carriage of luggage in air transport. In the case of transport by bus only, the traveller may bring 2 pieces (20 kg) of personal luggage. Travellers are obliged to take care of their belongings brought into the bus cabin and are obliged to take them with them each time they leave the bus. Otherwise, travellers themselves bear responsibility for the theft, loss or damage of items left in the bus cabin without their supervision. The traveller must mark each piece of luggage with his/her full name and exact address. A claim for compensation for lost or damaged luggage is submitted directly to the air carrier or to the representative of TOPENA at the destination. TOPENA will not be liable for luggage that is destroyed, lost, damaged or stolen in the hotel. TOPENA will not be liable for the traveller’s valuables that are destroyed, stolen or lost during the journey.

Article 15. Complaints

It is in the interest of the traveller/client to address any complaint in all cases to the service provider on the spot (the reception desk of the hotel/apartment, the travel agency at the destination, the carrier), which will endeavour to provide the contracted service, that is, to correct any errors should they occur. If, after the complaint, the deficiency is not remedied within a reasonable period, the traveller/client has the right to request a certificate from which it must be evident that the service was not properly provided. The certificate should be attached to the written complaint. The traveller/client has the right to lodge a written complaint no later than 8 days after the end of the journey, at TOPENA’s address given at the end of these General terms, by letter or by e-mail. If the traveller/client lodges a written complaint after the expiry of that deadline, the complaint will not be taken into consideration. For the resolution of complaints about services abroad, it is obligatory to observe the rule of reporting the complaint together with the issuing of a certificate on the spot, and the deadline for lodging the complaint. TOPENA is obliged to issue a written decision on the complaint within 14 days of receipt of the complaint. TOPENA may postpone the deadline for resolving the complaint, in order to gather information and verify the allegations of the complaint with the service providers, by at most a further 14 days. TOPENA will resolve only those complaints whose cause could not be removed on the spot during the journey. Until TOPENA issues a decision, the traveller/client waives the intermediation of any other person or judicial institution and the provision of information to the media. The highest amount of compensation per complaint may reach the amount of the part of the services complained about, and may not cover services already used, nor the entire amount of the arrangement. In the event of a court dispute, the law of the Republic of Croatia applies and the court having subject-matter jurisdiction in Zadar is competent.

Article 16. TOPENA’s obligations

TOPENA is obliged to take care of the performance of the services, as well as of the choice of service providers, with the diligence of a good businessman, and to look after the rights and interests of the traveller/client in accordance with good practice in tourism. TOPENA is obliged to provide the traveller with all the services stated for an individual arrangement in the programme and is liable for any non-performance of the services or of part of the services. TOPENA will carry out all the services stated in its programmes in full and in the manner described, except in the case of “force majeure”. In the event of force majeure, TOPENA will endeavour to reduce the damage to the traveller/client as far as possible. Where such reduction of damage is not possible, TOPENA is not obliged to provide services beyond the framework of these booking terms.

Article 17. Traveller’s obligations

The traveller/client is obliged to take care that he/she personally, his/her documents and his/her luggage meet the conditions laid down by the border, customs, health and other regulations of the Republic of Croatia as well as of the country to which he/she is travelling. He/she is obliged to observe the house rules in the means of transport and in catering and accommodation facilities, and to cooperate in good faith with the representative of TOPENA and with the service providers. In the event of failure to observe these obligations, the traveller/client is personally liable for the damage that may arise from such conduct. In such cases TOPENA bears no liability for the damage. If damage occurs, the traveller/client personally settles the amount of the damage with the owner of the means of transport or of the catering and/or accommodation facility.

Article 18. Guarantee insurance for package travel arrangements

Guarantee insurance for package travel arrangements has been concluded with Generali osiguranje d.d., Bani 110, HR - 10010 Zagreb, policy number: 1020169699, which guarantees that, in accordance with the Zakon o turističkoj djelatnosti (NN 8/96), the Croatian act on tourism activity, it will reimburse the guest for: the price of the booking and the costs incurred because of the insured party’s inability to pay or its bankruptcy. Should the travel organiser become unable to pay or go bankrupt, travellers who are on a journey should immediately contact one of the offices of Generali osiguranje d.d. or the head office of Generali osiguranje d.d., Bani 110, HR - 10010 Zagreb, Tel. 01 4600 400. The guarantee insurance enables the traveller to exercise directly the right to compensation for damage on account of the costs incurred.

RESPONSIBLE ORGANISER:

TOPENA d.o.o

Gospe Maslinske 1

23000 Zadar

ID CODE : HR - AB - 23 - 110038213

OIB : 49192081997

Mail: zadar@topena.hr

Tel: +385 (0)23 250 838

Fax: +385 (0)23 643 044