GENERAL TERMS DAY TRIPS ORGANIZED BY MONTONA TOURS
1. DEFINITIONS OF TERMS USED IN THE GENERAL TERMS
Travel Organizer - Montona tours Tourist Agency d.o.o.
Travel Contractor – any person who concludes the Contract on the organization of the journey with the Travel Organizer, in his name or even third party persons (regardless of who the traveler is)
Traveler - the person who undertakes the journey, regardless of whether they are Travel Contractor
General Terms - General Terms and Conditions of Travel with the tourist agency Montona tours Contract – Contract on the organization of the journey, signed by the Travel Organizer, i.e. an authorised person and the Travel Contractor in order to realize the journey according to specific
Travel Itinerary or Individual Tour Itinerary.
Travel Itinerary – any published promotional material for a specific Package Tour that details the Travel Itinerary and as such represents the general offer by the Travel Organizer which forms part of the Contract once it is concluded, if the Contract does not arrange it in a different way
Individual Travel Itinerary – Package Tour designed at the request of the involved Travel Contractor or Traveller
Voucher - a written document addressed to an individual name or a group of travellers that contains non-transferrable right of the addressees to the services that are stated, i.e. an order to the immediate service provider to provide the listed services to the addressed persons.
Subagents - third parties, who help the Travel Organizer to promote, sell and contract their journeys
All capitalised Terminology used in these General Terms carry the meaning as defined in this provision of the General Terms, unless they are differently defined by the Contract.
2. GENERAL TERMS
The General Conditions of Travel of the Montona Tours Travel Agency (hereinafter General Terms) regulate the mutual relations between Montona Tours (hereinafter referred to as the Travel Organizer) and the Traveling Person (hereinafter referred to as "the Traveller") and the person who contracts (buys) a trip / trip for himself or a third person (hereinafter referred to as the Tour Operator).
The General Terms are an integral part of the Travel Contract of the Travel Program and the Individual Travel Program.
The Traveller, or the Passenger, accepts in full these Terms and Conditions:
1. By signing the Agreement or
2. By signing a voucher or
3. Confirmation of reservation (payment of full amount of travel or advance payment) or
4. By signing the card validation agreement
3. REGISTRATION AND PAYMENT
An application for travel can be done by anyone who will be specifying the names of the passenger and his / her other information for the purpose of realizing the journey, by telephone, by e-mail, by purchasing travel through the website www.montonatours.com or by other means of communication, as well as with authorized Subagents.
By paying advance or order confirmation in the web shop at www.montonatours.com, the traveller fully accepts the General Terms and confirms that he or she is acquainted with them. In this way all that is stated under these conditions becomes a legal obligation for both the passenger and the organizer.
The Traveller contractor or the Traveller is obliged to provide, on request of the Travel Organizer, all the information and documents necessary for the realization of the journey. The travel organizer has the right to request and retain copies of documents, if necessary for the realization of the Travel Organization Agreement. In the event that the travel contractor, ie the Traveller, does not provide the requested travel data within the time limit and in the manner specified in the travel organizer's request, it is considered that he has waived the travel.
The Traveller, or the Passenger, is liable for any damage caused to him or to the Travel Organizer due to incorrect and / or incomplete data or documents.
Before the contract is concluded, the travel contractor is obliged to make the payment of the advance on the offer (unless otherwise stated). If the advance payment is due on the basis of the two instalments, and if the Travel contractor does not pay the remaining amount of the price within the foreseen time period, it shall be deemed to have waived travel and travel organizer is free to proceed according to item 8. of these General Terms and Conditions.
It is considered that the travel contractor has fulfilled the obligation with the day of paid advance on the bank account of the Organizer of the Travel, or on the day the Travel Organizer received from the Traveller the written consent of his credit card for the purpose of the advance payment or contracted travel price.
For Individual Travel Schedule, the advance is paid according to the Travel Organizer's offer. Upon payment of advance payment it is considered that the Traveller has accepted the Individual Travel Program. In case of cancellation of the Individual Travel Program will occur, point 9. of the General Conditions will apply. Advance payment will be included in the price of the trip. If the Travel Organizer is not able to confirm the booking for which the advance payment has been paid, the paid amount will be returned to the traveller in full.
4. PACKAGE TOUR PRICES, SPECIAL SERVICES
Travel Rates are published in the Travel Program and are valid from the date of the Travel Program announcement. The Travel Price does not normally include, unless otherwise stipulated in the Contract or Program, the costs of obtaining and issuing visas, tickets for visited facilities, travel insurance and non-mandatory contents.
In the event that special services are not an integral part of the Travel Program and which the travel contractor or the Traveller may order prior to or during the journey, the Travel Organizer shall endeavour to ensure that such services are provided by their immediate service provider. In such a case, the Traveller contractor or the Traveller is obliged to pay the price for the requested special services in the manner and within the time required by the immediate provider of these services, plus the fee for obtaining these services which belongs to the travel organizer and in case of cancellation of the Travel Contractor or traveller from the special services ordered.
Possible special discounts on the full price, for ex. for children or other benefits to travellers, apply only if indicated in the Travel Program.
5. CHANGES IN PACKAGE TOUR PRICE AND THE RIGHT TO TERMINATE THE CONTRACT DUE TO PRICE INCREASE
A travel organizer may request an increase in the contract price if after the day of the reservation:
• Change of transport costs (fuel, road toll, etc.)
• Changes in the price of food and other services listed in the arrangement.
Travel organizer may report in writing or orally about the change in the price of the arrangement. A traveller may cancel the arrangement at no cost for cancellation if a price increase of more than 10% is reached in relation to the agreed price, upon and no later than 48 hours after the receipt of the written notice. If the traveller does not cancel the arrangement in writing within the specified time period, it is considered that he agrees with the change in the price. In case of cancellation of the trip due to the increase of the price less than 10% the traveller is not entitled to compensation for the damage. Published prices are the result of travel organizer and travel partners' agreement and do not have to match the prices displayed at the destination where the traveller resides.
6. CHANGE OF CONTRACT / DAY TOUR
The travel organizer reserves the right to completely and partially change the travel program, if prior to the start of the trip the occurrence of exceptional circumstances could not be predicted or avoided.
7. CANCELLATION BY THE TRAVEL ORGANIZER
Without any liability for compensation to the Traveller contractor or Traveller, the Travel Organizer may cancel the trip due to force majeure that may occur before or during the trip and in case the trip has not reached the sufficient number of passengers as indicated in each Travel Program. If the Travel Organizer declines the trip, the Traveller contractor or the Traveller has the right of the refund of full amount of the travel price, but is not entitled to a visa or similar service charge.
8. CANCELLATION AND TERMINATION BY THE TRAVEL CONTRACTOR /TRAVELER
In the event of a travel contractor or traveller cancelling a trip, the travel organizer retains the amount paid in the amount depending on the travel cancellation time as follows:
ONE DAY TRIP PURCHASES
• Up to 72 h before departure - refund of 100% payment (cancellation is possible free of charge)
• 72 hours to 0 hours before departure: 100% of the price of the package
• after departure: 100% of the price of the package
Within the 72-hour cancellation period, no refunds are payable regardless of weather conditions, delays, illnesses or personal emergency situations.
The oral cancellation of the travel contractor or traveller is required to confirm in writing either by mail or by e-mail. If the travel contractor or traveller does not confirm the cancelation with written notice, it will be considered that he has not cancelled the trip.
If the travel contractor or traveller, at its own request, terminates the on-going trip, it is not entitled to reimbursement of costs incurred as a result of early return to the place of departure.
9. TRAVEL INSURANCE
The contract price of daily trips organized by Montona Tours includes accident insurance (death, disability). In order for the travel contractor or the Traveller to exercise the right to insurances they have to provide the travel organizer before the start of the journey, with personal data on the passengers required by insurance provider policy.
10. TRAVEL DOCUMENTS
Passengers are required, at their own expense, to obtain and hold valid travel documents for the entire duration of the journey. The traveller contractor or traveller is solely responsible for a case in which he or she is not able to travel because of not having valid travel documents. In this case it is considered that the Travel Contracting Party or the Traveller has cancelled the trip, and Point 9 of the General Conditions shall apply.
In case of theft or loss of travel documents during travel The Traveller will bear the costs of obtaining new documents as well as the costs that may arise from it. The travel organizer will assist the traveller in the event of theft / loss of travel documents, taking into account the normal running of the Travel Program.
11. TRAVELLER OBLIGATIONS
The traveller is obliged to abide by the rules of conduct and not to endanger the regular and uninterrupted running of the Travel Program. In the event that the Traveller causes his / her damage to the Service Provider in his / her means of transport or prevents from travel program to be held regularly and undisturbed, he or she is obliged to immediately compensate or compensate the injured party for such damages and is obliged to cooperate with the Provider of these Services and the Travel Organizer.
If the Traveller endangers the regular and unimpeded running of the Travel Program, the Travel Organizer, apart from the right to compensation, has the right to cancel the trip, in which case it will be considered that the trip was interrupted at the request of the Traveller.
If, in the case described in the preceding paragraph, the Traveller is a minor or a child, the parent is obliged to accept the return of the child home or to come to his or her child at his own expense.
The traveller is obliged to abide by the legal regulations of the Republic of Croatia. In case of inability to continue the trip due to violation of regulations, all costs incurred shall be covered by the Traveller.
12. OBLIGATIONS OF THE TRAVEL ORGANIZATOR
The travel organizer is obligated to take care of the implementation of the service as well as of the choice of the service provider and to take care of the rights and interests of the Traveller in accordance with the traditions of tourism. The travel organizer shall provide the Traveller with all the services specified in the Travel Program and shall be responsible to the Travel Contractor or the Traveller for any failure or partial performance of the Services. The Travel Organizer is not responsible for any errors that may occur during the publication of the Travel Program / Package of Travel.
The Travel Organizer is required to complete all contracted services fully and as described in the Travel Program, except in the event of force majeure (traffic accident, weather disorder, terrorist act and the like). In such cases, the Travel Organizer will ensure the provision of services depending on the instructions of the state authorities of the Republic of Croatia.
Travel organizer is not responsible for the lost, stolen or lost luggage of the Traveller while traveling.
14. DEALING WITH COMAPLAINTS
In the event that the Traveller has a complaint concerning the non-fulfilment of a particular travel program service, the Traveller is obliged to report any eventual complaint to the traveling companion to try to remove it on the spot. Subsequent complaints will not be accepted. We emphasize that it is in the interest of the Traveller to act in good faith and express the will to resolve the complaint during the journey.
The traveller shall cooperate with the travel companion and the service provider in good faith in order to remove the causes of the complaint. If the Traveller does not accept the solution offered on the spot, which corresponds to the contracted service, the Travel Organizer will not accept the Passenger's subsequent complaint or is obliged to respond to it. If, after the on-the-spot complaint, the service is not provided in a contractual manner, the Traveller is able to make a written complaint on his return to the Organizer as follows: on the spot (before returning from the trip) request a written confirmation from the person responsible for the execution of the service with which the traveller is dissatisfied and submit it with their written complaint, by email to firstname.lastname@example.org or by registered post at Montona tours doo, Kanal 10, 52424 Motovun, no later than 8 days after the finished journey. Otherwise, the organizer of the travel is not obligated to take the concerned objection into consideration. Complaints on a return trip without the enclosed certificate will be considered as unfounded. A certificate for all services for which the execution is in charge the travel organizer the on-the-spot, traveller may obtain from the travel companion.
15. PERSONAL DATA PROTECTION
The traveller provides personal information voluntarily. Passenger's personal data are required to realize the contracted travel and will be used for further communication. Montona tours undertakes not to use the passenger's personal data except for the purpose of realizing the contracted travel. An exception to the provision of personal data to third parties relates to the insurance policy if the passenger contracts the insurance policy, then his personal data will be forwarded to the insurance company.
16. APPLICATION OF GENERAL CONDITIONS FOR CRUISE / BOAT TRANSPORT
When a Travel Program includes a boat transport, the General Conditions of the Conditions otherwise regulated by the general conditions of the carrier shall be excluded and the general terms and conditions of the carrier shall apply.
In the Travel Report, the Travel Passenger or the Passenger confirms that he has received the General Conditions of the boat company, agrees that they form an integral part of the Agreement and that the provisions of the General Conditions of the boat company are accepted in its entirety.
17. FINAL PROVISIONS
In the event of a dispute, the Travel Passenger and the Travel Organizer agree that they will try to resolve them by agreement. If it is established that there is no possibility of a peaceful solution to the dispute, the case will be referred to the competent court in Pazin.
*These General Terms and Conditions shall enter into force on May 25, 2018.
Please note that this is a translation of the General terms for information purpose. The Croatian version is only applicable in legal matters.