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These General Terms and Conditions are an integral part of the Package Travel Agreement (“Agreement”) concluded between the Agency as a travel organizer on the one hand and the Contractor on the other.
These General Terms and Conditions apply only to package arrangements in which the Agency is the organizer, and they do not apply in the event that the Agency mediates and/or sells the services of other travel agencies. In the latter case, the responsible travel organizer will be indicated in the Contract, and the general conditions of that organizer will apply, which the Agency will make available to the Contractor.
In the event of any discrepancy between the provisions of the Agreement and/or the Travel Program and these General Terms and Conditions, the provisions of the Agreement and/or the Travel Program shall prevail. In the event of any inconsistency between the provisions of the Agreement and the Travel Program, the provisions of the Agreement shall prevail.
In addition to terms marked with a capital letter that are defined elsewhere in the Agreement and these General Terms and Conditions, terms marked with a capital letter in the General Terms and Conditions have the following meaning:
“Agency” TRAKOSTYAN-TOURS Tourist agency, d.o.o. with headquarters at Kralja Zvonimir 11, 42223 Varaždinske Toplice, Croatia, registered in the court register
register of the Commercial Court in Varaždin under MBS: 070025865, OIB: 03727633572
“GDPR” General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016).
“Ministry” Ministry of the Republic of Croatia responsible for tourism.
“General conditions” these General conditions for package arrangements of the Agency.
“Travel program” a document that forms an integral part of the Agreement, and which contains pre-contractual information from Article 29, paragraph 1, point a), b), c), d), e) and f) of the Act.
“Passenger” any person who has the right to travel based on the concluded Agreement.
“Reasons for which the Agency is not responsible” the following reasons for which the Agency is released from responsibility for damage to the Traveler, provided that the Agency proves them:
“Contractor” a person who wants to conclude or has concluded a Contract with the Agency for his own benefit and/or for the benefit of one or more Passengers.
“ZPUT” Act on the provision of services in tourism (Official Gazette No. 130/2017, 25/2019, 98/2019), with all subsequent amendments.
The definitions contained in these General Terms and Conditions apply to both the singular and plural forms of these terms. All terms defined in these General Terms and Conditions shall have the defined meaning when used in any confirmation or other document drawn up or delivered pursuant to the Agreement, unless otherwise defined therein. Terms used in these General Terms and Conditions, which have a gender meaning, refer equally to men and women. Whenever the words “include”, “includes” or “including” are used in these General Terms and Conditions, they shall be deemed to be followed by the words “without limitation”. Section headings in the Agreement and these General Terms and Conditions are provided for convenience only
navigation and have no influence on the interpretation of the Agreement and these General Terms and Conditions. Any reference to the “Agreement” refers to the Agreement as a whole and not to any particular provision of the Agreement. The legal terms used in these General Terms and Conditions shall be interpreted in accordance with Croatian law and not according to the understanding of those legal terms in any other country or jurisdiction. The terms used in these General Terms and Conditions have the meaning determined by ZPUT, unless these General Terms and Conditions expressly provide otherwise.
The Contractor and Passengers provide their personal data to the Agency voluntarily. Personal data of the Contractor and the Traveler are needed by the Agency in the process of realizing the contracted package-arrangement and will be used for further communication, contracting and execution of the services included in the package-arrangement. The Agency will process, use and store the personal data of the Contractor and Travelers in accordance with the applicable regulations, including GDPR, and will not take them out of the country or give them to a third party, except for suppliers and associates participating in the implementation of the contracted package arrangement. The personal data of the Contractor and the Passenger will be stored in the database, in accordance with the Agency’s decision on the method of collecting, processing and storing personal data.
Provided that the Contractor/Traveler has given his consent, the Agency may use the personal data of the Contractor/Traveler for marketing purposes (eg sending notifications, campaigns, promotions, newsletters). The Contractor and each of the Travelers can at any time withhold consent for the use of personal data for marketing purposes by sending an e-mail request to the Agency at info@trakostyan.hr
The Agency’s privacy protection rules are available on the Agency’s website: https://trakostyan.hr/zastita-podataka-gdpr/.
By concluding the Agreement, the Contractor confirms that he has read the stated rules, that with the same
The contractor can submit to the Agency an inquiry and an application for booking a package arrangement in person at the Agency office, by phone, fax, e-mail or via the Agency’s website https://trakostyan.hr/kontakt.
To confirm the reservation, the Contractor is obliged to pay the Agency an advance payment (advance payment) in the amount specified in the Agreement. The Contractor will make the advance payment on the basis of a written proposal of the Agreement that the Agency will deliver to the Contractor, which will also specify the deadline by which the advance must be paid. The Agreement enters into force on the day the Agency receives the entire amount of the advance payment specified in the Agreement. The advance payment will be included in the price of the package arrangement. If the Contractor does not make the advance payment within the period specified in the Contract proposal, it will be considered that the Contractor has canceled the reservation application, and that he has not accepted the specified Contract proposal, and the said Contract proposal is considered invalid after the expiration of that period.
The Contractor is obliged to pay the balance up to the total price of the package arrangement to the Agency within the period specified in the Contract. If the remaining amount of the package-arrangement price is not paid within the agreed term, it will be considered that the Contractor has canceled the Agreement, and the Contractor is obliged to pay the Agency the agreed compensation for termination of the Agreement.
Before the start of the package arrangement, the Contractor may transfer the Agreement to another Traveler who meets all the conditions applicable to that Agreement, about which he is obliged to inform the Agency in writing no later than 7 days before the start of the package arrangement. The Contractor and the Traveler to whom the Contract is transferred are jointly and severally liable to the Agency for the payment of the price, and in addition to all possible additional fees, charges or other costs resulting from the transfer of the Contract, of which the Agency has informed them and provided them with proof of their occurrence.
Unless otherwise stipulated in the Agreement, the Contractor may pay for the Agency’s services in cash at the Agency’s office, by bank transfer to the Agency’s business account, and by credit/debit cards accepted by the Agency in person at the Agency’s office or by using online payment or delivery to the Agency via e- duly completed and signed form for debiting the card by e-mail.
The Agency can grant the Contractor a discount for a specific payment method, which the Agency will inform the Contractor about before initiating the payment.
In the case of payment by bank transfer to the Agency’s business account, bank transaction costs are paid by the Contractor or another Traveler making the payment. In the case of payment by credit card, the agreed amount is charged in HRK (Croatian kuna) according to the selling rate of the respective foreign currency of the principal of the specified card/card association. The Contractor is aware that there may be differences between the above-mentioned applicable exchange rate and the exchange rate in other countries, and the Contractor irrevocably accepts the above-mentioned applicable exchange rate. Payment made by credit/debit card cannot be revoked.
Cijena paket-aranžmana određena je Programom putovanja i navedena je u Ugovoru, te uključuje usluge koje je Agencija navela u Programu putovanja. Sklapanjem Ugovora Ugovaratelj potvrđuje da je upoznat s činjenicom da cijena paket-aranžmana za druge Ugovaratelje može biti drugačija uslijed posebnih akcija i promocija Agencije s ciljem poboljšanja prodaje paket-aranžmana i popunjavanja slobodnih mjesta (npr. posebne ponude pod nazivom „First Minute“, „Last Minute“ i sl.).
Cijene navedene u Programu putovanja temelje se na cijenama ugovorenima između Agencije i njezinih dobavljača/pružatelja usluga i ne moraju odgovarati cijenama navedenima na licu mjesta na odredištu na kojem boravi Putnik. Ugovaratelj je upoznat i razumije da su ponuđeni hoteli, apartmani ili drugi smještajni objekti u Programu putovanja opisani prema službenoj kategorizaciji dotične zemlje koja se može razlikovati u pojedinim zemljama uslijed čega standardi smještaja i usluga mogu biti različiti odnosno neusporedivi.
Svi primjenjivi popusti izričito su navedeni u Ugovoru. Agencija ne odobrava povrat sredstava Ugovaratelju ni Putnicima za bilo koju uslugu uključenu u ugovorenu cijenu paket-aranžmana koju Ugovaratelj/Putnik nije iskoristio svojom odlukom ili krivnjom.
The price of the package-arrangement is determined by the Travel Program and is specified in the Agreement, and includes the services specified by the Agency in the Travel Program. By concluding the Contract, the Contractor confirms that he is aware of the fact that the price of the package arrangement for other Contractors may be different due to special actions and promotions of the Agency with the aim of improving the sale of the package arrangement and filling vacancies (e.g. special offers called “First Minute”, ” Last Minute” etc.).
The prices specified in the Travel Program are based on the prices agreed between the Agency and its suppliers/service providers and do not have to correspond to the prices specified on the spot at the destination where the Traveler is staying. The contractor is aware and understands that the offered hotels, apartments or other accommodation facilities in the Travel Program are described according to the official categorization of the country in question, which may differ in individual countries, as a result of which the standards of accommodation and services may be different or incomparable.
All applicable discounts are expressly stated in the Agreement. The Agency does not approve refunds to the Contractor or Travelers for any service included in the agreed price of the package-arrangement that the Contractor/Traveler did not use due to his own decision or fault.
If the Agreement stipulates the right of the Agency to unilaterally increase the price of the package arrangement after the conclusion of the Agreement, then the Agency may unilaterally increase the agreed price no later than 20 days before the start of the package arrangement in any of the following cases:
a) changes in the price of Passenger transportation resulting from the cost of fuel or other energy sources, but only on the condition that the amount or share of the Passenger transportation price in the package-arrangement price is expressly stated in the Agreement;
b) changes in the amount of taxes or fees for travel services covered by the Agreement that are determined by third parties who are not directly involved in the execution of the package arrangement (including tourist taxes, landing fees or fees for embarkation or disembarkation in ports and airports), but only under the condition that the amount or share of such taxes or fees in the price of the package arrangement is expressly stated in the Agreement; or
c) changes in exchange rates that are applicable to the package arrangement, but only on the condition that the amount of services related to a specific currency or their share in the price of the package arrangement is specified in the Agreement.
In the event of such a unilateral increase in the price of the package arrangement, the Agency will unilaterally increase the price by the entire amount of the change in the corresponding parameter from points a), b) and/or c) above, and will notify the Contractor of this in writing with an explanation of the increase and a calculation. The Contractor and the Travelers accept such a unilateral increase in the agreed price if it amounts to (and including) 8% of the agreed total price of the package arrangement. If the specified increase in the price of the package arrangement exceeds 8% of the agreed total price of the package arrangement, the Contractor has the right to cancel the trip or terminate the Agreement without paying a fee for termination of the Agreement. If the Contractor does not submit a written notice of termination of the Agreement to the Agency within 2 days of the Agency’s written notification of the price change, he is considered to have agreed to the price change.
If the Agreement stipulates the right of the Agency to unilaterally increase the price of the package arrangement after concluding the Agreement in accordance with the above provisions of these General Terms and Conditions, then the Contractor under the same conditions has the right to a price reduction that corresponds to the reduction of the corresponding parameters from point a), b) and/or c). In the event of such a unilateral price reduction by the Contractor, the Agency has the right to deduct the actually incurred administrative costs from the amount of refund owed to the Contractor, and upon the Contractor’s request, will provide the Contractor with evidence of these administrative costs.
Contractors, as users of the excursion program organization service, are obliged to pay the Agency a fee for the service of processing booking inquiries and creating an excursion program that the Agency provided to the Contractor before concluding the Agreement in accordance with the Contractor’s order (“Reservation Processing Fee”). The amount of the fee for processing the reservation is stated in the amount of 10% of the price of the excursion program. The fee for processing the reservation does not represent payment for the excursion program that is the subject of the Agreement, but payment for the Agency’s service that was fully performed before the conclusion of the Agreement and is not part of the excursion program that is the subject of the Agreement, and is therefore fully non-refundable in the event of termination of the Agreement, regardless of reason for termination.
Agencija može raskinuti Ugovor i Ugovaratelju/Putnicima u cijelosti vratiti sva plaćanja primljena za paketaranžman, bez obveze naknade štete i bilo kakvih drugih plaćanja Ugovaratelju ni bilo kojem od Putnika, u bilo kojem od sljedećih slučajeva:
a) ako Agenciju u izvršenju Ugovora spriječe izvanredne okolnosti koje se nisu mogle izbjeći pod uvjetom da Agencija o raskidu Ugovora obavijesti Ugovaratelja bez nepotrebnog odgađanja prije početka paket-aranžmana, te
b) ako je broj Putnika prijavljenih za paket-aranžman manji od najmanjeg broja putnika navedenih u Programu putovanja, pod uvjetom da Agencija obavijesti Ugovaratelja o raskidu Ugovora ne kasnije od 20 dana prije početka paket-aranžmana za putovanja koja traju više od 6 dana, 7 dana prije početka paket-aranžmana za putovanja koja traju između 2 i 6 dana, odnosno 48 h prije početka paket-aranžmana za putovanja koja traju manje od 2 dana.
After the conclusion of the Agreement, and before the start of the package arrangement, the Contractor may cancel the trip, i.e. unilaterally terminate the Agreement by delivering a written notice of termination to the Agency, in which case the Agency will charge the Contractor the following standard fee for termination of the Agreement in the amount determined depending on the date with which the Agency received the Contractor’s written notice of termination, as follows:
up to 60 days before the start of the package-arrangement: 15% of the total price of the package-arrangement,
59 to 30 days before the start of the package arrangement: 35% of the total price of the package arrangement,
29 to 15 days before the start of the package deal: 50% of the total price of the package deal,
14 to 8 days before the start of the package-arrangement: 75% of the total price of the package-arrangement,
7 to 0 days before the start of the package deal: 100% of the total price of the package deal.
At the request of the Contractor/Passenger, the Agency will justify the amount of compensation for termination of the Contract. The Agency has the right to charge the Contractor a fee for termination of the Agreement regardless of the reason for which the Contractor terminates the Agreement, except in the case when the Contractor has the right to terminate the Agreement due to violations of the Agreement by the Agency. As an exception to the previous sentence, in the event that the Contractor terminates the Agreement due to extraordinary circumstances that could not be avoided, which occurred at the destination or in its immediate vicinity and which significantly affect the fulfillment of the package arrangement or which significantly affect the Passenger’s transportation to the destination: (i) The Contractor is not obliged to pay the above-mentioned compensation for termination of the Agreement, (ii) The Contractor has the right to return all payments made to the Agency in the name of the price, (iii) The Contractor is not entitled to any compensation for damages.
If the Contractor directly or through the Agency has contracted travel cancellation insurance with the insurance company, the Contractor has the right to return the paid compensation funds from the insurance company exclusively according to the terms of the insurance policy. All terms and deadlines for the return of funds paid in the name of compensation are directly agreed between the insurance company and the Contractor, and the Agency bears no responsibility for any non-recognition or objection that the insurance company sends to the Contractor to his request for payment under the specified insurance policy, even if the said insurance was contracted by the Contractor with the insurer through the Agency as an intermediary.
The Agency may terminate the Agreement and return all payments received for the package arrangement to the Contractor/Travelers in full, without the obligation of compensation for damages and any other payments to the Contractor or any of the Travelers, in any of the following cases:
a) if the Agency is prevented from executing the Agreement by extraordinary circumstances that could not be avoided, provided that the Agency informs the Contractor of the termination of the Agreement without undue delay before the start of the package arrangement, and
b) if the number of Passengers registered for the package arrangement is less than the minimum number of passengers specified in the Travel Program, provided that the Agency informs the Contractor of the termination of the Agreement no later than 20 days before the start of the package arrangement for trips lasting more than 6 days, 7 days before the start of the package-arrangement for trips lasting between 2 and 6 days, or 48 hours before the start of the package-arrangement for trips lasting less than 2 days.
After the conclusion of the Agreement, and before the start of the package arrangement, the Agency may, by delivering a written notice to the Contractor, unilaterally change the terms of the Agreement, provided that such an amendment is insignificant, that is, it does not significantly change any of the main features of the travel services, does not reduce the level of quality or value of the package arrangements, nor does it cause significant inconvenience or additional costs for the Passenger.
If, after the conclusion of the Agreement, and before the start of the package arrangement, the Agency is forced to significantly change any of the main characteristics of the travel services or cannot fulfill the agreed special requirements of the Passenger specified in the Agreement, it is obliged to notify the Contractor in writing without delay. The aforementioned notification will include a description of the proposed changes to the Agreement and any alternative package-arrangement that the Agency may offer to the Contractor. Unless otherwise stated in such written notice from the Agency, if within 2 days of receiving the said notice from the Agency, the Contractor does not notify the Agency in writing that he accepts the amended Contract or the offered replacement package-arrangement, the Contract is considered terminated, and the Agency will, without delay, and within 14 days at the latest, return to the Contractor/Passengers the part of the price paid until then, and the Contractor is also entitled to appropriate compensation for the damage suffered, unless the Agency proves that the proposal to change the Contract was made for Reasons for which the Agency is not responsible. If changes to the Agreement result in a package-arrangement of lower quality or price, the Contractor has the right to an appropriate price reduction.
If a significant part of the travel services cannot be provided in accordance with the Agreement, the Agency will, for the purpose of continuing the package arrangement, offer the Contractor appropriate alternative arrangements, preferably of equal or higher quality than those specified in the Agreement, without additional costs for the Contractor and Passengers, including in the case when the Passengers are not provided return to the place of departure as agreed.
If the Agency proposes an alternative travel arrangement, the consequence of which is a package-arrangement of a lower quality than that specified in the Contract, the Agency is obliged to grant the Contractor an appropriate price reduction. The Contractor may reject the proposed alternative travel arrangements only if they are not comparable to what was agreed in the Contract or if the approved price reduction is inappropriate.
If the non-conformity significantly affects the execution of the package arrangement and if the Agency has not corrected the non-conformity within a reasonable period set by the Contractor, the Contractor may terminate the Agreement without paying a termination fee and demand, if necessary, a price reduction and/or compensation in accordance with the provisions of these General conditions governing the right to a price reduction and compensation for damages.
If it is not possible to provide alternative arrangements or if the Contractor rejects the proposed alternative arrangements in accordance with the provisions of these General Conditions, the Contractor has the right, as necessary, to a price reduction and/or compensation in accordance with the provisions of these General Conditions that determine the right to a price reduction and compensation for damages, without terminating the Agreement.
If the package-arrangement includes the Passenger’s transportation, the Agency will, in the cases referred to in the previous two paragraphs of these General Terms and Conditions, ensure the repatriation of the Passenger with an equivalent transportation, without additional costs for the Passenger, without undue delay. Additional costs are borne by the Agency.
When, due to extraordinary circumstances that could not be avoided, it is not possible to ensure the Passenger’s return in accordance with the Agreement, the Agency will bear the costs of necessary accommodation for a maximum of three nights per Passenger, if possible in the equivalent category of accommodation provided for in the Agreement. If the legislation of the European Union on the rights of Passengers, which is applied to the relevant means of transport for the return of the Passenger, provides for longer periods, these periods shall apply.
The limitation of costs from the previous paragraph of these General Terms and Conditions does not apply to persons with reduced mobility, defined in Article 2, point (a) of Regulation (EC) no. 1107/2006 of the European Parliament and the Council of July 5, 2006 on the rights of persons with disabilities and persons with reduced mobility in air transport (OJ L 204, 26.7.2006) and on any person accompanying them, pregnant women, unaccompanied minors and to persons who need special medical assistance, provided that the Agency has been notified of their special needs at least 48 hours before the start of the package-arrangement.
The Agency cannot refer to extraordinary circumstances that could not be avoided in order to limit liability in accordance with the provisions of this section of the General Terms and Conditions if the provider of transport services cannot refer to such circumstances in accordance with the applicable legislation of the European Union.
As a travel organizer, the agency is responsible for the execution of the package arrangement as a whole, that is, for the execution of all services that are included in the price of the package arrangement.
If the Travel Program does not expressly provide otherwise, the Agency will provide the contracted services in the Croatian language.
The Agency will without undue delay provide adequate assistance to the Traveler in difficulty, especially by providing adequate information on health services, local authorities and consular assistance and assisting the Traveler in establishing long-distance communication and finding alternative travel arrangements. If the Passenger caused such a difficulty intentionally or through carelessness, the Agency can charge for the said assistance in the amount of its actual costs.
If one of the Passengers is a minor traveling unaccompanied by a parent or other authorized person as part of a package deal that includes accommodation, direct contact with the minor or the person responsible for the minor in the minor’s place of residence can be made through the Contact Point of the Agency specified in the Contract.
The Agency is obliged to keep as a business secret everything it has learned about the Contractor and the Traveler, and without their approval, except in the cases prescribed by law and if it is necessary for the execution of the Contract, it may not communicate to anyone: their address, place and time of travel, stay, paid the price, as well as the names of their companions.
The Agency excludes any liability in case it proves the existence of any of the Reasons for which the Agency is not responsible. For all possible damages for which the Agency would be responsible, except for damages resulting from physical injury or damages caused by the Agency intentionally or through negligence, the maximum amount of damages is limited to three times the total price of the package arrangement. If international conventions that bind the European Union or legal regulations based on them limit the scope of compensation for damages that the travel service provider that is part of the package arrangement is obliged to pay, or limit the conditions under which he is obliged to compensate this damage, in that case the same assumptions, limitations and exclusions apply to the Agency in an appropriate manner, and the Agency can refer to it in relation to the Contractor and the Traveler. Damage compensation or price reduction to which the Contractor is entitled in accordance with these General Terms and Conditions, the ZPUT and applicable international conventions and regulations are subtracted from each other.
OBLIGATIONS AND RESPONSIBILITIES OF CONTRACTORS AND PASSENGERS
The Contractor expressly confirms to the Agency: (i) that he has familiarized all Passengers on the reservation with the Agreement (including the Travel Program and these General Terms and Conditions, which form an integral part of the Agreement), (ii) that he is authorized to act on behalf of all Passengers listed in the reservation, (iii ) that he is fully responsible to the Agency for compliance with the Agreement by all Passengers and is obliged to make all payments provided for in the Agreement for all Passengers, (iv) that advance payments or the entire price of the package arrangement refer to all Passengers on the same reservation, and are distributed equally to all Passengers on that reservation, unless otherwise defined by the Agreement.
Whenever these General Terms and Conditions or the Agreement stipulate that the Contractor makes a statement, guarantee, waiver or undertakes an obligation, it is considered that he does the same on his own behalf and on behalf of each of the Passengers. Whenever these General Terms and Conditions or the Agreement stipulate that the Traveler makes any statement, guarantee, waiver or undertakes any obligation, it is considered that the Traveler does the same on his own behalf and on behalf of the Contractor.
The contractor is obliged to provide the Agency with all the necessary personal data of each of the Travelers and to deliver to the Agency in a timely manner all the documentation necessary for the organization and implementation of the trip. The agency has the right to request and keep copies of documents if this is necessary for the realization of the trip. If the Contractor does not submit the requested data and copies of documents within the time limit and in the manner requested by the Agency, it is considered that he has given up the reservation or terminated the Agreement, and the Contractor is obliged to pay the Agency the agreed amount of compensation for termination of the Agreement. The Contractor is responsible for all damage caused to the Contractor or any Passenger or Agency due to the provision of incorrect and/or incomplete information and/or documents.
Unless expressly provided otherwise in the Contract, the Contractor is obliged to obtain all passports, visas, health cards or other travel documentation required for travel and stay abroad for all Passengers and to ensure that said documentation is completely complete and valid at all times.
The Contractor is obliged to inform the Agency before concluding the Contract about all facts regarding the health, habits, etc. of each Passenger that could endanger the progress of the trip (including if the Passenger, for health and other reasons, requires a certain type of food, suffers from a chronic disease, allergies, etc. .). If special rules for travel are specified in the Travel Program (such as mandatory vaccinations and the acquisition of appropriate documents), the Traveler is obliged to fulfill the stated requirements.
The traveler is obliged to comply with the rules of the accommodation units regarding the time of starting to use rooms, apartments, cabins, etc., and the time of leaving them. If the Traveler in any way violates the safety, peace or comfort of other Travelers or third parties or endangers and/or hinders the regular development of the Travel Program, the Agency, in addition to the right to compensation, has the right to terminate the trip for that Traveler and continue the implementation of the package arrangement without him. If in that case the Passenger is a minor, the Contractor is obliged to ensure the Passenger’s return home at his own expense.
The traveler shall comply with all reasonable instructions of the Agency representative and cooperate with the Agency representative in good faith. In case of any dissatisfaction, the Traveler is obliged to cooperate in good faith with the representative of the Agency and try to resolve the matter of dissatisfaction, without disturbing other Travelers and third parties, and damaging the reputation of the Agency.
In case of breach of obligations from the Agreement and applicable regulations, the Contractor and the Traveler will be responsible for any damage suffered by any Traveler, the Agency, any service provider included in the package arrangement or any third party, and will indemnify the Agency against all claims under that basically. The Contractor is jointly and severally liable with the Traveler for the obligations of the Traveler from the previous sentence.
The Contractor and/or the Traveler is obliged, without undue delay and taking into account the circumstances, to inform the Agency via the Agency’s contact point specified in the Agreement about any non-compliance that it finds during the performance of the travel service covered by the Agreement. The Agency will correct this non-conformity at the request of the Contractor or the Traveler, unless this is not possible or if the elimination of the non-conformity would cause disproportionate costs, taking into account the extent of the non-conformity and the value of the travel services affected by the non-conformity. If the Agency does not correct the non-conformity for the reasons stated in the previous sentence, the Contractor has the right to a price reduction, and in addition to damages, unless the Agency proves that the same is the result of Reasons for which the Agency is not responsible. If the Agency does not correct the non-conformity within a reasonable time set by the Contractor or the Traveler, the Contractor and/or the Traveler may do so themselves and demand reimbursement of necessary expenses. The Contractor or the Traveler is not obliged to set a reasonable deadline for the Agency to correct the non-conformity if the Agency has refused to correct the non-conformity or if the non-conformity needs to be corrected immediately.
In accordance with the ZPUT, the Agency offers the Contractor/Traveler the opportunity to contract directly (or through the Agency as an intermediary) with a third-party insurer insurance against the consequences of an accident and travel illness, damage and loss of luggage, voluntary health insurance during the trip and stay abroad, insurance in case of trip cancellation and insurance that covers the costs of assistance and return of the passenger to the place of departure in case of accident and illness. Information on the content of these insurances and a link to the insurer’s general conditions of the insurance contract are available at any time on the following website of the Agency: https://crosig.hr/putno-osiguranje/. Unless expressly stated in the Agreement, the prices of the mentioned insurances are not included in the price of the package arrangement.
BILLING INSURANCE FOR THE CASE OF INSOLVENCY AND LIABILITY FOR DAMAGE
Pursuant to the ZPUT, the Agency is with the insurance company Croatia osiguranje d.d., V. Jagića 33, 10000 Zagreb, OIB: 26187994862, based on the Insurance Agreement dated March 17, 2024. contracted: bail insurance in case of insolvency, which enables the Contractor/Traveler to directly exercise his rights from the bail from the insurance company under policy number 298090000123, and insurance against liability for damage caused by the Agency to the Traveler by non-fulfilment, partial fulfillment or improper fulfillment of obligations under the Agreement under policy number 078090088247. In the event of an insured event, the Contractor/Traveler is obliged to contact the insurer Croatia osiguranje d.d., V. Jagića 33, 10000 Zagreb, OIB: 26187994862, toll-free. info phone: 0800 1884; info@crosig.hr. This is valid as a certificate of insurance in case of bankruptcy or insolvency of the Agency and insurance against liability for damage.
It will be considered that the delivery of the notification between the Contracting Parties in accordance with the Contract was validly made in writing if it was sent: (i) by registered mail with return receipt or (ii) by e-mail to the last address, i.e. the e-mail address notified by one of the Contracting Parties the other in writing. The contractor is solely responsible for the correctness of the address, that is, the e-mail address for sending the notification about which he informed the Agency, and is obliged to notify the Agency without delay in writing about any change in the data for sending the notification.
General information about the Agency is available on the Agency’s website: https://trakostyan.hr/o-nama. The central contact point for administrative cooperation in accordance with the provisions of the ZPUT is the Ministry, Prisavlje 14, 10 000 Zagreb, e-mail: pravni@mint.hr, phone: + 385 1 6169 243. The competent body for monitoring the Agency’s operations is the State Inspectorate , Tourist Inspection, Šubićeva 29, 10000 Zagreb, e-mail: turisticka.inspekcija@dirh.hr, phone: + 385 1 2375 100.
The contracting parties will try to resolve all possible disputes related to the Agreement (including its execution and termination) amicably, and if this is not possible, the competent court will be the court in Varaždin, Croatia. The applicable law is the law of the Republic of Croatia (excluding its conflict of laws provisions that would refer to the application of foreign law).
Pursuant to the ZPUT, the Contractor may submit a proposal for dispute resolution before a body from the list of notified bodies for alternative resolution of consumer disputes, in accordance with the provisions of a special law regulating the alternative resolution of consumer disputes. Information on currently notified bodies for alternative resolution of consumer disputes is available on the website of the Ministry of Economy, Entrepreneurship and Crafts of the Republic of Croatia: European Consumer Center.
For services purchased online, the platform for online resolution of consumer disputes is available at the link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.adr.show.
If any provision of the Agreement or these General Terms and Conditions is or becomes void, invalid or unenforceable, or if the Agreement contains an unintended contractual gap, this shall not affect the validity or enforceability of the remainder of the Agreement. Any such invalid, invalid or unenforceable provision shall be deemed to be replaced, and the gap filled, by a suitable provision that is in accordance with the economic purpose and objective of that provision and/or the Agreement, to the extent legally permitted, closest to the original intention of the Contracting Parties.
These General Terms and Conditions exclude all previously issued general business terms and conditions of the Agency on package travel, and they enter into force on the date of publication on the Agency’s website, i.e. on 01.01.2020. years. The Agency reserves the right to amend these General Terms and Conditions at any time by publishing the amended text of the General Terms and Conditions on the Agency’s website, which shall enter into force on the date of publication.
TRAKOSTYAN – TOURS Tourist agency
Sjedište: Kralja Zvonimira 11
42223 Varaždinske Toplice
