1. GENERAL INFORMATION
These General Terms and Conditions govern the relationship between the tourist agency RURAL ESCAPE TOURS j.d.o.o., Stjepana Radića 3, 43284 Hercegovac, Personal Identification Number: 58780551453, i.e. the travel organizer and the authorized intermediary (hereinafter the Agency), and the traveller, i.e. the customer (hereinafter the Traveller).
By accepting these General Terms and Conditions, the Traveller confirms that he has read, understood and will respect the General Terms and Conditions of the Agency.
General Terms and Conditions are an integral part of the travel programme and of managing the accommodation services, as well as of the Travel Contract, except if the contracting parties agree differently.
2. MAIN FEATURES OF THE SERVICES
The content, programme, prices of travels and accommodation, as well as the minimum number of travellers required to realize a programme, are published and are available on the Agency’s website (www.ruralescapetours.com) and include the contents listed in the description.
Certain special and additional services (transfers, extra meals, optional excursions, fees, tickets, travel insurance, etc.) which are not included in the published programme and contents, the Traveller can request, and the Agency, if it is able to, can arrange and include in the Contract. The Traveller pays extra for such special and additional services. The Traveller will be made aware of the prices of additional and special services before concluding the Contract.
The Traveller can book a journey or accommodation, offered by the Agency on its website, through electronic mail, the form made visible on the website or through a telephone call.
When booking, the Traveller willingly gives the information requested by the form, or which can be requested through electronic mail or a telephone call. The Traveller guarantees to the Agency that he has given correct and valid information required for a smooth realization of the journey, and accepts all the legal obligations stemming from the contract and all the applicable legal regulations. The Agency obliges to protect that information, as specified in Item 10 of these General Terms and Conditions.
After receiving a reservation request, the Agency sends an offer for paying the advance payment or the full amount. The reservation becomes valid when the advance payment or the full amount for the requested programme has been paid. The full amount for the requested programme must be paid by the date agreed upon, or the reservation is cancelled.
The advance payment or the full amount is paid depending on the excursion, package tour and the accommodation (if the offer does not specify differently), specifically:
• For excursions: 30% of the full amount when confirming the reservation (advance payment) and the rest is paid 5 days before the realization of the excursion
• For package tours: 30% of the full amount when confirming the reservation (advance payment) and the rest is paid 10 days before the realization of the package tour
• For accommodation: the full amount is paid when confirming the reservation
Paying for excursions, package tours or accommodation is carried out based on the data specified in the offer. After a visible deposit of the full amount for an excursion, package tour and accommodation, the Agency gives a receipt and a Voucher of reservation which the Traveller is obliged to show to the service performer right before leaving on an excursion, a package tour or before arriving to the accommodation facility.
Aside from the already stated ways of payment, it is possible to pay (the full amount at once) by using an online payment gateway. For online payment gateways, WSPay system for online authentication of credit and debit cards (one-time) is used, and the client is charged in real time. In case of directly reserving an excursion, and thereby paying automatically, the Traveller will receive a receipt of payment, and the Agency will send the Voucher of reservation. All payments are carried out by a transaction in Croatian kunas (kn) or euros (€). The prices expressed in euros are approximate and may vary depending on the exchange rate.
More information in our Booking and payment methods.
The prices of programmes and accommodation are available in the description of the contents on the Agency’s website (www.ruralescapetours.com) and are valid from the day they are published. The prices are based on the drawdown and the cooperation between the Agency and the service provider and/or organizer, and do not have to correspond to the on-site prices. Possible differences in price cannot be the subject matter of the contract.
If a change occurs in the valid tax regulations, in the exchange rate of the agreed currency, if transport prices increase, including the gas rates, or if the fees for certain services which affect the price increase, the Agency reserves the right to change the prices no later than 7 days before the excursion, 20 days before the packet tour and 30 days before arriving at the accommodation facility. The increase in price is calculated by the same percentage by which a change in the stated variable elements has occurred.
If the increase in price amounts to more than 10 per cent of the agreed price, the Traveller has the right to terminate the contract without any obligation as to the compensation of damage. The Traveller is obligated to notify the Agency of terminating the contract, in writing, within two days of receiving the notification of the price increase. Otherwise, he agrees with the change in price.
If the change in price has caused a price decrease, the Agency will refund the Traveller the difference up to the full amount paid.
6. CATEGORIZATION OF SERVICES
The offered vehicles, accommodation facilities, restaurants and other facilities are described in accordance with the categorisation of the local tourist organization or another competent authority at the time of creating the offer or presenting the programme. The standards of food, vehicles, accommodation facilities and other services in specific places and countries are different and not to be compared.
The Agency does not take any responsibility for any verbal or written information that is not in accordance with the description of the services in the programme and the General Terms and Conditions, which the Traveller may receive from an employee at a point of sale, via telephone, in writing from an unauthorised person or somehow else.
The reception, the owner or any other responsible person at the accommodation facility handles the staying arrangements within the facility.
7. THE MINIMUM TRAVELLER NUMBER AND CANCELLATION OF A RESERVATION BY THE AGENCY
The minimum required number of booked travellers is stipulated in the programme of each individual excursion, package tour and accommodation facility. In case that the minimum number of booked travellers stipulated in the programme or the contract is not met, the Agency has the right to cancel the journey. The booked Traveller will be notified no later than 7 days before the journey, and he is entitled to a refund of the total sum paid by then, but not to damages. The Agency will refund all the payments related to the journey without any unnecessary delay within 14 days from terminating the contract.
The Agency will notify the Traveller of any change in the programme of a journey or an excursion without delay.
The Agency can cancel the journey, excursion, or accommodation at any point if before or during the journey or excursion a force majeure intervenes (war, riots, strike, terrorist plots, natural disasters etc.), and then the Traveller is entitled to a refund of 100% of the full price of the excursion or package tour paid, without damages.
In case of delaying the departure, the Agency may offer the Traveller another day of departure or an alternative programme. The Traveller must, without delay, indicate whether he accepts the alternative programme or not. If the Traveller refuses the alterations or disregards the Agency’s offer, then the contract is terminated and the Traveller is entitled to a refund of funds paid by then, but not to damages and possible insurance costs and other similar costs. In case of accepting the altered day of departure, the Traveller has no claims against the Agency, as well as against the service provider or organizer on any legal basis, except being entitled to a refund of a part of the price, if the alternative programme has a lower price.
8. CANCELLATION OF A RESERVATION BY THE TRAVELLER
If the Traveller wants to cancel a certain programme or accommodation, he is required to do it in writing (through e-mail), or verbally by calling the agency’s phone number. The Traveller can terminate the travel contract at any point before the journey’s onset.
In that case, the Agency offers the basis for calculating cancelled expenses (unless the Contract stipulates differently) in proportion to the date of cancellation in the following way:
• For excursions: up to 48 hours of the departure, the traveller is refunded the full amount, otherwise the Agency retains the full amount
• For package tours:
Up to 15 days before the departure, there are no damages
Within 14 – 7 days before the departure, damages amounting to 30% of the full amount are charged (advance payment)
Within 6 days or less before the departure, the Agency retains the full amount
• For accommodation:
Within 45-15 days before the arrival, damages amounting to 40% of the full amount are charged
Within 14-7 days before the arrival, damages amounting to 80% of the full amount are charged
Within 6 days or less before the departure, the Agency retains the full amount
The Agency will refund all the funds to the Traveller based on the stated rates, minus a suitable fee for terminating the contract, without any unnecessary delay within 14 days from terminating the contract.
If cancelling a reservation for an excursion paid for and reserved through an online payment gateway, The Traveller has the right to cancel up to 24 hours before the start of the excursion and is entitled to a full refund. Otherwise, the Agency retains the full amount.
The Travellers that do not show up (that are a “no show”) at the place of departure at the time stated on the receipt, the voucher or the programme are not entitled to a refund.
The stated expenses of cancelling also apply to any eventual changes in the time of departure and all other relevant changes done by the Traveller, unless the contract specifically stipulates differently.
The Agency can cancel the excursion up to 12 hours before the departure for reasons that are not considered an extraordinary circumstance that cannot be prevented, avoided or averted, and in that case the Traveller is entitled to a 100% refund.
The Traveller has the right to terminate the travel contract in the package tour before the package tour begins without paying any fee for terminating it in case of extraordinary circumstances that could not be avoided, and which happened at the place of destination or its immediate vicinity, and which severely affect the fulfilment of the package tour or the transport of travellers to that destination. In that case, the Traveller is entitled to a full refund of funds paid for the package tour, but not to any additional compensation.
If the Traveller terminates the contract after the excursion or the package tour have started, or during the stay at the accommodation facility, and the circumstances are not extraordinary, the Agency is entitled to retain the full amount of the contractual price.
9. THE AGENCY’S OBLIGATIONS
The Agency is obliged to offer the Traveller the services which have the contents and the characteristics stated in promotional materials and the Travel Contract, in accordance with the common practice in this business, and the Traveller is obliged to pay the Agency the full amount for the programme or service within the time stated in Item 4 (Payment).
The information about the Traveller (full name, movement, as well as the names of his companions) which the Agency receive in order to provide the service, is allowed to communicate to a third party who is related to the immediate action of the booked program or at the request of a competent authority.
The Agency is responsible for any damage done to the traveller by not fulfilling, or partially or incompetently fulfilling the obligations related to organising the package tour by the Agency and the Travel Contract.
The Agency is obliged to offer help if the traveller requires it due to extraordinary circumstances which could not be avoided and is not possible to ensure the traveller’s return. The Agency is obliged to bear the costs of necessary accommodation for up to 3 nights per passenger, and if possible of accommodation of the same rank as that in the contract. If the Traveller caused the damage intentionally or because of negligence, the organizer may charge a suitable fee for aid which cannot amount to more than the actual expense the organizer, i.e. the Agency, bears. Likewise, the Agency is obliged to, without unnecessary delay, offer suitable information regarding health services, local authorities and finding alternative programmes to the Traveller in need.
10. PROTECTION OF PRIVACY
Your privacy matters, therefore, we inform you about collecting, using and processing of your personal data. We will inform you about sharing your personal data when using our services.
The Agency is obliged to protect, as a trade secret, everything found out about the Traveller (his personal data such as full name, home address, travel destination, phone number, the price paid, as well as the names of his companions) and will not save, if the traveller doesn’t agree or in statutory cases, communicate that information to a third party not related to providing the programme, nor use it as promotional material.
The Traveller gives his personal information willingly, and when confirming the reservation consents that the information is being used for the reservation and realizing the programme. All personal information is strictly guarded and is available only to the employees to whom that information is necessary to carry out their obligations.
The Agency collects only basic customer information which is necessary to fulfill program obligations. We regularly inform you about collecting your information, the way of use and we give you a choice in terms of using your personal data. This, also, includes if you like to be unsubscribed from our marketing campaign lists. All collected information is strictly protected and is available only to personnel in order to perform their duties. All of the Agency’s employees and business partners are responsible for adhering to safe harbour principles.
11. THE TRAVELLER’S OBLIGATIONS
The Traveller is obliged to notify the Agency of all the facts in regards to his medical condition, habits etc., which might endanger the operation of the journey and/or excursion (if for medical reasons he requires a special kind of food, suffers from a chronic illness, an allergy etc.). The programmes specify the special remarks which the Traveller needs to indicate before confirming the reservation.
We recommend getting a health insurance policy.
The Traveller is obliged to, at the Agency’s request, provide in due time all information needed for organizing and realizing the excursion, the package or reserving accommodation.
The Traveller is obliged to ensure that all of his documents and belongings comply with the Agency’s terms, which refer to safekeeping documents and luggage. The Traveller bears the costs of the documents being lost or stolen during the journey.
The Traveller is obliged to comply with the programme of the journey, and with house rules of the accommodation facilities, catering facilities, and vehicles, as well as to cooperate with service providers in good faith. In case of not complying with these terms, the Agency will not be responsible for any damage caused, and the Traveller pays the cost of damage on the spot.
During the journey, the Traveller is obliged to comply with personal safety rules which would apply to any average person. The Agency is not responsible for the traveller’s actions which endanger his own personal safety.
The Traveller is obliged to notify, in written or other suitable form, the Agency or the service provider on spot, of any service not being fulfilled or being incompetently fulfilled, as soon as possible, and/or to notify the journey organizer within 8 days of completing the journey.
The Agency is not responsible for the transport of luggage, nor is it responsible for luggage being destroyed or lost, or luggage or valuables being stolen during the journey, excursion or stay at the accommodation facility. The Traveller reports the luggage being lost to the service performer or at the accommodation facility.
12. REPLACING TRAVELLERS
If a traveller is unable to begin a journey, then he can appoint another person to use services of the journey in his place, if he has notified the Agency of that in writing. The Agency will accept that person as a substitute traveller and conclude the Travel Contract if he meets the conditions stipulated for that journey. The replaced and the new traveller are jointly responsible for paying for the price and the costs caused by the replacing.
The traveller who is unable to begin a journey has to notify the Agency up to 7 days before realizing the package, the excursion or arriving at the accommodation facility.
13. UNDERAGE TRAVELLERS
Any person less than 18 years old is considered an underage traveller.
An underage traveller may participate in an excursion or a journey, or stay at an accommodation facility when accompanied by a parent, a guardian or another person responsible. If an underage person is participating and using the Agency’s services without the presence of a parent/guardian or another person responsible, he has to provide the Agency with and keep on himself a signed consent of a parent, a guardian or another person responsible. By signing the contract, the contractor – a parent of the minor – the traveller, also confirms that the other parent is aware of and explicitly compliant with these General Terms and Conditions and the contract, and is responsible financially and criminally.
Alcohol and food tastings that include alcohol will not be served to underage travellers.
14. THE AGENCY AS THE INTERMEDIARY
General Terms and Conditions apply to all programmes of which the Agency is the main organizer, except in cases in which the Agency operates as an authorized intermediary, i.e. is not the main organizer of the programme. The Agency will notify the Traveller by the contract, which stipulates whether the Agency is acting as the organizer or the intermediary.
In case of mediating the stated services, general terms of the organizer responsible are applied, and the Agency is not responsible for performing the services of other organizers.
When the Agency acts as the intermediary, it knowingly chooses a third party, i.e. the organizer or the performer of services stated in the programme, and is responsible for that choice.
15. THE ROLE OF THE INSURER
In case of insolvency or the Agency’s bankruptcy, the Traveller on a journey at the time, as well as persons who have paid the advance payment for the journey, should quickly contact the insurer stipulated in the Contract, and provide a telephone number where they can be reached by a correspondent. Insurer: EUROHERC osiguranje d.d., Zagreb, Ulica grada Vukovara 282, www.euroherc.hr , service number +385 (0)1 6004 000. Prices of excursions and package tours in which the Agency acts as the responsible organizer include Organizer’s assurance of package arrangement and Organizer’s insolvency insurance for package arrangement (Policy No. 804123303). With prices of excursions, package tours or accommodation in which the Agency acts as the intermediary, insurance policies of the organizer or thee service providers are applied.
16. TRAVEL INSURANCE
Pursuant to the Law on Providing Services in Tourism, the Agency employees are obligated to offer Travel insurance which can include: health insurance, insurance from accidental injuries, getting ill when travelling, expenses of assistance and of getting back to the point of departure, insurance from damaging or losing luggage, and insurance from cancelling are not included in service prices. By accepting these General Terms and Conditions and signing a contract, the Traveller confirms that he was offered a travel insurance package. In case the Traveller demands the stated insurances, they can be directly arranged with an insurer or the Agency, and the Agency acts only as the intermediary.
If a traveller, when booking a journey, believes that for some reason he would have to cancel the journey, we recommend getting a cancellation insurance policy. Insurance from cancellation can only be obtained when booking a journey, and not later. Insurance from cancellation is valid only in the following cases, with a written confirmation: conscription, illness, death in the family. The Agency will in that case refund the Traveller the total amount paid for the package.
If a traveller has no insurance from cancellation, and has to cancel the journey, the Agency retains the rights of payment stated in Item 8 of these Terms.
17. HANDLING COMPLAINTS
If the Traveller raises an objection during the journey because of some of the stipulated services not being fulfilled or being incompetently fulfilled, he is obliged to follow procedural instructions of the organizer/service provider and cooperate with the travel guide so the cause of the objection may be mended at the place of the service being provided. If that is not possible, the Traveller, together with the travel guide, is obliged to assemble a written confirmation that the cause of the objection could not be mended, and file a claim against the Agency within 8 days of returning from the journey. The Agency will deal only with objections for which the traveller submits evidence that he has made a complaint to the service provider on the spot, and that the cause could not be mended on the spot.
The Agency retains the right to refute group claims, complaints not raised in due time, and complaints for which it is ascertained that that they could be mended at the place of the service being provided, and the Traveller did not cooperate with the service provider.
By the Article 6. of the Act on the provision of tourism services (Croatia) and Article 10. Paragraph 2 of the Customer protection Act (Croatia), the Traveller may submit his possible discontent with the service provided by the Agency, or in special cases by another service provider, in written form on one of the following addresses:
• E-mail: firstname.lastname@example.org
• Address of commerce: Simona Gregorčića 4, 10 000 Zagreb
The Agency will reply to the Traveller’s written complaint within 15 days of receiving it in writing.
The Traveller is obliged to state a contact address for delivering the reply in his complaint.
The Agency may postpone the deadline for handling the complaint for another 15 days for gathering information and confirming the allegations with the service provider or the service organizer. Until the Agency reaches a decision, at the latest 30 days from the complaint being submitted, the Traveller renounces the mediation of any other institution or a court, and renounces the right to give out any information to an official publication or the media. Likewise, within the same 30-day period, the Traveller renounces the right of action.
A proportional decrease in price by a complaint can only be as high as the price of the unutilized portion of the services, and compensation for not fulfilling, partially fulfilling or incompetently fulfilling services is limited to the price of the programme. Hereby the Traveller’s right to the compensation of actual damage is precluded.
In case of a dispute, applicability of law and jurisdiction over the head office of the tourist agency, the service organizer or the service provider are used.
18. FINAL REMARKS
These General Terms and Conditions are an integral part of the Contract which the Agency concludes with the Traveller. Any possible deviations from these Terms must be stipulated in the Contract. These General Terms and Conditions are valid from the day they are published and are the basis on which the Agency does business.
By purchasing an excursion, the Traveller willingly makes his personal information available to the Agency and allows the same information to be used to realize the excursion and protect the Traveller’s interests regarding anything related to the journey, excursion and accommodation. The same applies to sending travellers’ personal information to third parties necessary to realize the contracted programme.
The information on these pages and in these General Terms and Conditions is considered correct at the time of its inclusion. All the information will be reviewed on regular basis, and any possible mistakes corrected immediately. The Agency retains the right to change the information on these pages without prior warning.
The Agency’s official website (www.ruralescapetours.com) may contain links to websites of other companies or organizations. Those links are just for your information, and the Agency is not responsible for inaccuracy of that information or these websites’ content.
By confirming the reservation, the Traveller confirms that he is familiar with the General Terms and Conditions and he agrees to follow the stated regulations.
Publication date: May 25, 2018
The responsible organizer and authorized intermediary:
RURAL ESCAPE TOURS j.d.o.o.
Stjepana Radića 3, 43284 Hercegovac
Personal Identification Number: 58780551453