General Terms and Conditions – Travel/Excursions
General travel conditions
Travel organizer – Montona tours, tourism agency d.o.o.
Travel contractor – a person who arranges a trip/excursion on his own behalf or on behalf of a third party
Traveler – a person who personally undertakes a trip, regardless of whether he is also a Travel Contractor
General conditions – General travel conditions Montona tours, tourist agency
Contract – a contract on organizing a trip, concluded by the Travel Organizer, i.e. another person authorized by him, and the Travel Contractor for the purpose of realizing the trip according to a specific Travel Program, i.e. according to the Individual Travel Program.
Travel program – any published promotional material that refers to a specific trip, which also describes the travel plan, and in this respect and as such represents a general offer
The travel organizer who, by concluding the Agreement, forms an integral part of that Agreement, provided that the Agreement itself does not specify otherwise
Individual travel program – Package arrangement created at the request of the interested Travel Contractor or Traveler
Voucher – a written document that is in the name or a specific group of passengers and contains the non-transferable right of the person whose name it is to the services listed in it, i.e. an order to the direct service provider to provide the specified services to the person in whose name it is
Subagent – third parties through whom the Travel Organizer promotes, sells and contracts its trips.
All terms mentioned in these General Terms and Conditions, which begin with a capital letter, have the meaning given to them in this point of the General Terms and Conditions, provided that they are not otherwise defined in the Agreement.
The general travel conditions of the travel agency Montona tours (hereinafter referred to as the General Terms and Conditions) govern the mutual relations between Montona tours (hereinafter referred to as the Travel Organizer) and the person undertaking the trip (hereinafter referred to as the Traveler) and the person who contracts (purchases) trip/excursion for yourself or a third person (hereinafter referred to as the Travel Contractor).
The general conditions are an integral part of the Travel Agreement and the Travel Program and the Individual Travel Program.
The travel contractor, i.e. the Traveler, accepts these General Terms and Conditions in their entirety:
By signing the Agreement or
By signing the voucher or
Confirmation of the reservation (payment of the entire amount of the trip or advance payment) or
By signing the consent to charge the card
Any person can apply for a trip by specifying the passenger’s name and his/her other information for the purpose of realizing the trip by phone, e-mail, purchasing a trip via the website www.montonatours.com or other means of communication, as well as with authorized Subagents.
By paying an advance payment or confirming an order in the web shop on the website www.montonatours.com, the traveler fully accepts the General Terms and Conditions and confirms that he is familiar with them. In this way, everything stated in these conditions becomes a legal obligation for both the traveler and the organizer.
The travel contractor, i.e. the Traveler, is obliged, at the request of the Travel Organizer, to submit all information and documents necessary for the realization of the trip. The travel organizer has the right to request and retain copies of documents, if this is necessary for the implementation of the Travel Agreement. In the event that the Travel Contractor, i.e. the Traveler, does not submit the requested travel information within the time limit and in the manner specified in the Travel Organizer’s request, it is considered that he has given up the trip.
The travel contractor, i.e. the Traveler, is responsible for all damage caused to him or the Travel Organizer due to the provision of incorrect and/or incomplete information, i.e. documents.
Before concluding the contract, the travel contractor is obliged to make an advance payment according to the offer (if the program does not specify otherwise). travel, and the Travel Organizer is free to proceed according to point 8 of these General Terms and Conditions.
It is considered that the Travel Contractor has fulfilled the obligation to pay the advance payment with the day on which he paid the amount in the name of the advance payment to the Travel Organizer’s account, i.e. with the day on which the Travel Organizer received written consent from the Travel Contractor to debit his credit card for the purpose of paying the advance payment, or contracted travel prices.
With Individual travel programs, the advance payment is made according to the offer of the Travel Organizer. By paying the advance payment, the Travel Contractor is considered to have accepted the Individual Travel Program. In case of cancellation of the accepted Individual travel program, point 9 of the General Conditions will apply. The advance payment will be included in the price of the trip. If the Travel Organizer is unable to confirm the reservation for which the advance payment was made, the amount paid for the advance payment will be returned to the payer in full.
Travel prices are published in the Travel Program and are valid from the day the Travel Program is published. As a rule, the price of the Trip does not include, unless otherwise specified in the Agreement or the Program, the costs of obtaining and issuing visas, tickets for the facilities to be visited, travel insurance and optional contents.
In the case where special services are not an integral part of the Travel Program, and which the Travel Contractor or the Traveler can order before or during the trip, the Travel Organizer will endeavor to ensure the provision of these services by their direct provider. In this case, the Travel Contractor or the Traveler is obliged to pay the price for the requested special services in the manner and within the time required by the direct provider of those services, increased by the fee for the acquisition of those services that belongs to the travel organizer and in the event of the cancellation of the Travel Contractor or the Traveler from the ordered special services.
Any special discounts on the full price of the Trip, for example for children or other benefits for passengers, are applied only if they are indicated in the Travel Program.
The travel organizer may request an increase in the agreed price if, after the day of the reservation, the following has occurred:
- change in transportation costs (fuel, tolls, etc.),
- changes in the price of meals and other services specified in the arrangement.
The travel organizer can report the change in the price of the arrangement in writing or orally. The passenger can cancel the arrangement without cancellation costs if there is an increase in the price of more than 10% compared to the contracted price, and within 48 hours of receiving the written notification at the latest. If the passenger does not cancel the arrangement in writing within the specified period, it is considered that he agrees with the price change. In the event of cancellation of the trip due to a price increase of less than 10%, the passenger is not entitled to compensation. The published prices are the result of the travel organizer’s contract with partners and do not have to correspond to the prices displayed on the spot in the destination where the traveler is staying.
The travel organizer reserves the right to completely or partially change the travel program if extraordinary circumstances occur before the start of the trip that could not be foreseen or avoided.
Bez obveze na naknadu štete Ugovaratelju putovanja odnosno Putniku, Organizator putovanja može otkazati putovanje zbog više sile koja može nastupiti prije ili za vrijeme putovanja i u slučaju da se za putovanje ne prijavi dovoljan broj putnika, a koji je naznačen u svakom Programu putovanja. Ako Organizator putovanja otkaže putovanje, Ugovaratelj putovanja odnosno Putnik ima pravo na povrat cijelog uplaćenog iznosa cijene putovanja, ali nema pravo na naknadu troškova vize ili sličnih usluga.
In the event that the Travel Contractor or the Traveler cancels the trip, the Travel Organizer keeps the paid amount in the amount that depends on the time of the trip cancellation, as follows:
ONE DAY TRIPS
up to 72 hours before departure – 100% refund (cancellation is possible without compensation)
from 72 h to 0 h before departure: 100% of the price of the arrangement
after departure: 100% of the price of the arrangement
Within the 72-hour notice period, there are no refunds regardless of weather conditions, delays, illness or personal emergencies.
Verbal cancellation The travel contractor or the Traveler is obliged to confirm in writing either by letter or e-mail. If the Travel Contractor or the Traveler does not confirm the verbally communicated cancellation in writing, it will be considered that he has not canceled the trip.
If the Travel Contractor or the Traveler, at his own request, interrupts the trip in progress, he is not entitled to reimbursement of costs incurred due to an early return to the place of departure.
The agreed price of daily trips organized by Montona tours includes insurance against the risk of an accident (death, disability). In order for the Travel Contractor or the Traveler to exercise the right to insurance, before the start of the trip, he must provide the Travel Organizer with the personal information about the passengers that the Insurer needs for the insurance policy.
Passengers are obliged, at their own expense, to obtain and possess valid travel documents for the entire duration of the trip. The travel contractor or the Traveler is solely responsible for the case in which he is unable to complete the trip due to lack of valid travel documents. In this case, it is considered that the Travel Contractor or the Traveler has canceled the trip, and point 9 of the General Conditions will apply.
In case of theft or loss of travel documents during the trip, the Passenger will bear the costs of obtaining new documents, as well as the costs that may arise from this. The travel organizer will assist the traveler in case of theft/loss of travel documents, while taking care of the normal development of the Travel Program.
The traveler is obliged to comply with the rules of conduct and not to endanger the regular and smooth running of the Travel Program by his actions. In the event that the Passenger’s behavior causes damage to the service provider in/on the means of transport, i.e. prevents the regular and smooth development of the Travel Program, the Passenger is obliged to remedy such damage immediately, i.e. compensate the injured party, and is obliged to cooperate with the service provider and the Travel Organizer.
If the Traveler endangers the regular and smooth running of the Travel Program, the Travel Organizer has the right to terminate the trip, in addition to the right to compensation, in which case the trip will be deemed to have been terminated at the request of the Traveler.
If, in the case described in the previous paragraph of this point, the Passenger is a minor or a child, the parent is obliged to accept the child’s return home or pick up the child at his own expense.
The traveler is obliged to comply with the legal regulations of the Republic of Croatia. In case of inability to continue the trip due to violation of regulations, all incurred costs are borne by the Traveler.
The travel organizer is obliged to take care of the implementation of services as well as the choice of service providers and to take care of the rights and interests of the Traveler in accordance with commercial customs in tourism. The travel organizer is obliged to provide the Traveler with all the services listed in the Travel Program and is responsible to the Travel Contractor or the Traveler for any non-fulfilment or partial fulfillment of the services. The travel organizer is not responsible for any errors that occur when publishing the Travel Program/Package.
The travel organizer is obliged to perform all contracted services in full and as described in the Travel Program, except in case of force majeure (traffic accident, weather, terrorist act, etc.). In such cases, the Travel Organizer will ensure the provision of the service depending on the instructions of the state authorities of the Republic of Croatia.
The travel organizer is not responsible for destroyed, stolen or lost luggage of the Traveler during the trip.
In the event that the Traveler has a complaint related to the non-fulfillment of a particular service from the travel program, the Traveler is obliged to report any potential complaint to the travel companion in order to try to resolve it on the spot. Subsequent complaints will not be accepted. We emphasize that it is in the interest of the Traveler to act in good faith and express his will to resolve complaints during the trip.
The passenger is obliged to cooperate with the travel companion and the service provider in good faith to eliminate the causes of the complaint. If the Traveler does not accept the offered solution on the spot, which corresponds to the contracted service, the Travel Organizer will not accept the Traveler’s subsequent complaint, nor is he obliged to respond to it. If, even after complaining on the spot, the service is not provided in the agreed manner, upon returning from the trip, the Traveler can submit a written complaint to the Organizer in the following way: 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 traveler is dissatisfied and attach the same with his written complaint, by email to firstname.lastname@example.org or by registered mail to Montona tours d.o.o., Kanal 10, 52424 Motovun, no later than 8 days after returning from the trip. Otherwise, the Travel Organizer is not obliged to take the complaint into account. Complaints upon returning from a trip without an attached certificate will be considered unfounded. The confirmation for all services for which the Travel Organizer is responsible can be obtained by the Traveler on the spot from the travel attendant.
The passenger provides personal data voluntarily. The passenger’s personal data is necessary for the realization of the contracted trip and will be used for further communication. Montona tours undertakes not to use personal data of passengers except for the purpose of realizing contracted trips. The exception to the provision of personal data to third parties refers to the contracting of insurance policies. If the traveler takes out an insurance policy, then his personal data will be forwarded to the insurance company.
When the Travel Program includes transportation by ship, the application of the General Terms and Conditions is excluded in provisions that are otherwise regulated by the general terms and conditions of the shipping company, and in these cases the general terms and conditions of the shipping company are applied.
By applying for a trip, the Travel Contractor, i.e. the Passenger, confirms that he has received the general conditions of the shipping company, that he agrees that they form an integral part of the Agreement, and that he accepts the provisions of the general conditions of the shipping company in full.
In case of disputed situations, the Travel Contractor or the Traveler and the Travel Organizer undertake to try to resolve them amicably. If it is determined that there is no possibility of a peaceful resolution of the disputed issue, the case will be referred to the competent court in Pazin.
These General Terms and Conditions enter into force on May 25, 2018.