TRAVEL CONTRACT, INSTRUCTIONS FOR TRAVEL ARRANGEMENTS AND SERVICES
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1. Subject of the contract
The subject of this contract is the arrangement of the mutual relations between the travel organizer - the tourist agency ENJOY SPLIT j.d.o.o (hereinafter referred to as ENJOY SPLIT) ) and the TRAVELER ie the travel contractor in the case where the travel contractor concludes this contract in favor of a third party (hereinafter TRAVELER). This Travel Contract also contains the General Conditions and Instructions for Tourist Arrangements, ie it refers to the travel program that contains all the necessary information. The contract is considered binding after it has been signed by an agency employee (representative of the agency ENJOY SPLIT or any other agency authorized to sell the ENJOY SPLIT arrangements) and TRAVELER and upon the TRAVELER has fully paid the price of the touristic arrangement or part of the price and undoubtedly secured payment of the remaining amount up to Contracted date. If a TRAVELER is not able to sign a contract personally, the contract produces legal effects only when ENJOY SPLIT receives the entire agreed amount of arrangement price or, if explicitly contracted, a portion of the agreed price and documentation which indisputably ensures the payment of the remaining part of the price up to the agreed date. The traveler can apply for travel via the Internet, by telephone or by any other means of remote communication, and in all branches of other authorized agencies in person. When entering into a contract, the traveler is required to provide personal information and timely submit all the documentation needed to organize the trip. The TRAVELER guarantees that he gave ENJOY SPLIT correct and valid information necessary for the unimpeded realization of the journey and accepts all legal obligations arising from this contract and applicable laws.
2. Reservations and Payment
When applying for a reservation confirmation, the traveler will pay 30% of the price of the arrangement (unless specified otherwise). If a traveler does not fulfill his / her obligation at least 21 days prior to start of the travel, he / she will be deemed to have waived the booking without the possibility of refunding the advance payment.
For all reservations including reservations "on request" (when for a particular arrangement at the time of check-in for a particular journey has no available spots, but ENJOY SPLIT is able to secure them additionaly) ENJOY SPLIT charges a fee for the booking fee in the amount of HRK 75 = 10 euros (By contract), and in the case when there is less than 21 days left before stat of the travel, for such reservation "on request", a corresponding part of the price of the arrangement is paid according to the terms of Article 8 of this contract.
For such requested reservation "on request" ENJOY SPLIT undertakes to make it within 2 business days (Saturday not considered working day) and to inform the passenger in writing or orally. If ENJOY SPLIT within this period does not inform traveler about the committed or is unable to secure booking for the requested travel arrangement, the entire amount paid will be fully refunded to the traveler. If the traveler does not accept the requested, and by the ENJOY SPLIT confirmed reservation, the payment will not be refunded including the fee for the booking fee.
To confirm reservations by "Fortuna System" or by "Last Minute" offers, the TRAVELER is obliged to immediately pay the full amount of the price of the arrangement or to ensure indisputable payment of the full amount of the arrangement.
The travel prices are published in the travel program and are valid from the date of publication of the program. The package arrangements price does not include a fee for the booking fees, which is charged additionally in the amount of HRK 75 = 10 euros (per contract) upon booking. The prices quoted in ENJOY SPLIT programs are based on contracts with our partners and do not have to match the prices posted on the spot in the destination where the traveler is staying and any price difference may not be the subject of the complaint.
A travel organizer can predict that a traveler will pay a certain services used in Croatia or abroad on the spot in the currency of the country in which he is located. For services that are paid on the spot, the traveler submits eventual disputes directly to the service provider.
ENJOY SPLIT may, at least 21 days before the start of the travel, demand an increase in the contract price if, following the conclusion of the contract, currency exchange rates have been changed or the price increase of the services that constitute the package arrangement, in particular increase in transport costs, including fuel costs or increase of fees (airports and other ports, etc.), increase in accommodation prices, which affect the cost of travel. In this case, the price of the arrangement will increase reciprocal of increase in the cost of the calculation elements on the basis of which the price is formed. The traveler is obligated to accept the increase of the agreed price by up to 10%. If the contract price increases by more than 10%, the traveler has the right to waive the arrangement, provided that it is obligatory to notify ENJOY SPLIT in writing within 2 working days of receipt of the notice. In case of cancellation from the arrangement, the traveler is not entitled to compensation for damage. If the traveler does not deliver cancellation to the ENJOY SPLIT in writing and within the stated deadline, it is considered that he or she agrees to change of the price.
4. Categorization and description of services
The offered hotels, apartments or other objects in the ENJOY SPLIT programs are described according to the official categorization of the country concerned at the time at the time program was issued. We point out that local categorization in different countries differs considerably. Accommodation, nutrition, comfort and other services are under the supervision of local and state tourist authorities, and standards of accommodation and services are different and not comparable. ENJOY SPLIT accepts no liability for any oral or written information that is inconsistent with the description of the services and facilities in ENJOY SPLIT programs valid for the stated trip, which was provided by ENJOY SPLIT employees or a third party.
The arrangement of accommodation in rooms or apartments is determined by the reception in the place of residence. If a traveler does not explicitly contract a room / apartment with special features, he / she will accept any officially registered room / apartment for issuance in a particular object or destination described in the travel program. Accommodation is not possible before 14:00 hrs on the day of commencement of use of the service, and must be vacated by 10:00 hrs on the day of the end of use of the service, unless otherwise specified in the travel program. For later individual arrivals to accommodation facilities (after 20 hours), it is necessary to notify ENJOY SPLIT at least one day before departure, if such a later arrival is not foreseen in the travel program.
5. Travel documents, compliance with regulations
A traveler applying for a trip abroad must have valid travel documents. At the time of application or before the expiration of the deadline specified in the program, the traveler must provide all necessary data and documents to the ENJOY SPLIT for obtaining a visa for the country to which he travels. ENJOY SPLIT does not guarantee issuance of a visa. If the traveler does not fulfill these obligations or a request for obtaining a visa is refused, it shall be considered that the traveler has cancelled the trip.
The traveler is obliged to respect customs, foreign exchange and other regulations. If a traveler can not continue the journey due to non-compliance, he / she will bear all the costs and consequences that arise. If a traveler loses travel documents or are stolen during the trip, traveler is obliged to provide new ones at their own expense. The traveler has to make sure that he personally, his documents and luggage fulfill the conditions stipulated by the visa, border, customs, health and other regulations, both of the Republic of Croatia and the country to which he travels, to adhere to house rules in catering and hotel facilities and to cooperate with the representative of travel organizer and service providers in good faith. In the case of non-compliance with these obligations, the traveler is responsible for the incurred damage, and removes ENJOY SPLIT from any liability for such damage. In this case, the traveler pays the amount of damage to the owner of the facility (hotels, apartments, etc.) at the reception.
When signing the contract, the ENJOY SPLIT employee will familiarize the traveler with sources of information about the country to which the traveler is traveling, including the opinion of the Ministry of Foreign Affairs of the Republic of Croatia. We recommend every traveler to be personally informed on the website www.mvep.hr and look at the list of high or moderate risk countries in the opinion of the MVEP RH.
For all travelers who are not Croatian nationals and do not have Croatian travel documents, we recommend that they personally inform themselves about the country they are traveling to and the conditions to be fulfilled for travel to that country prior to the payment of arrangement, taking into account the diversity of regulations applicable to nationals of certain countries. ENJOY SPLIT may refer the traveler to the source of the information but in no way assumes responsibility for the consequences that may arise from non-compliance with these regulations for the traveler himself.
Invalid travel documents, ie unapproved visas that as a consequence result in the cancellation of travel, are in no way compulsory to ENJOY SPLIT and the terms of travel cancellation are applied. ENJOY SPLIT takes no liability for any damage that would result from non-compliance with the regulations of certain countries or which are caused by invalid travel documents.
6. Travel insurance
In accordance with the Tourism Services Act, the employees of the agency are obliged to offer a "travel insurance package" consisting of: voluntary health insurance during their stay abroad, accident insurance, luggage insurance and travel cancellation insurance. By signing the contract, the traveler confirms that a package of travel insurance has been offered to him. In the event that a traveler requests these insurance, they can be contracted directly at one of the insurers or at ENJOY SPLIT, where ENJOY SPLIT participates only as an intermediary.
By signing this contract it is considered that the traveler has been offered and recommended insurance mentioned in the previous paragraph.
7. Insurance against travel cancellation risk
If during travel registration, the traveler foresees that for some reason he / she may have to cancel a trip, we recommend the payment of insurance policy against cancellation. Cancellation insurance can not be paid afterwards, only during the booking process.
Cancellation insurance is valid only in the following cases, with the required written confirmation: military call, illness, death in the immediate family. If the traveler does not have a cancellation insurance contract and must cancel the trip and have a certificate of military call, illness or death, ENJOY SPLIT reserves the right to payments according to the rules set out in Article 8 of this Agreement. In case of cancellation of the arrangement, the cost of obtaining a visa is non-refundable even in case the traveler has paid the cancellation insurance. With the payment of a cancellation policy, the traveler transfers all his claims to an insurance company whose insurance policy traveler owns and ENJOY SPLIT is obliged to provide the traveler with all the documentation required to obtain the traveler's claim to the insurance company, which relates to the arrangement. All cancellation conditions are listed in the insurance policy and we recommended to each traveler to read them personally.
8. Cancellation of travel by traveler
If the traveler cancels the paid arrangement (service), ENJOY SPLIT of the total price (services) unless the program otherwise stated reserves:
Transfers and one-day or half-day excursions
30 to 15 days before departure 30% of the price of the arrangement - at least 150 kn (for transfers), 250 kn (for excursions)
14 to 5 days before departure 70% of the price of the arrangement - at least 200 kn (for transfers), 400 kn (for excursions)
4-0 days before departure 90% of the price of the arrangement - at least 250 kn (for transfers), 500 kn (for excursions)
Rental of luxury villas and apartments
Up to 30 days before arrival 30% of the price of the arrangement
29-22 days before arrival 50% of the price of the arrangement
21-15 days before arrival 70% of the price of the arrangement
14-8 days before arrival 90% of the price of the arrangement
7-0 days before arrival and after arrival 100% of the price of the arrangement
30 to 15 days before departure 30% of the price of the arrangement - at least 100 kn
14 to 5 days before departure 70% of the price of the arrangement - at least 200 kn
4-0 days before departure 90% of the price of the arrangement - at least 250 kn
Up to 30 days before the start of the rental 30% of the rental price
30 to 15 days before the start of the rental 50% of the rental price
14 to 7 days before the start of the rental 75% of the rental price
7 to 0 days before charter start 90% of rental price
These costs also apply to changes in the date of departure or accommodation as well as any other significant changes. ENJOY SPLIT charges the actual replacement costs if the traveler (buyer) - the contractor cancels the trip and finds another user for the same reservation that meets all the conditions for using the said arrangement.
If the traveler (customer) has not paid the full amount or provided undisputable payment arrangement (30 days for accommodation and 15 days for transfers and excursions), ENJOY SPLIT considers that the traveler (customer) waived the reservation without the possibility of refunding the paid advance for the service.
9. Canceling a trip by ENJOY SPLIT or changing a travel program
If ENJOY SPLIT changes the program, accommodation or price significantly before the start of the arrangement, it is obliged to notify the traveler in writing in due time. Within 2 business days of receiving the ENJOY SPLIT notice, the traveler may accept or reject the modified program. In the event of refusal or failure to respond to the offer, ENJOY SPLIT undertakes within 7 working days to return a traveler paid part of the price. In case of acceptance, the substitute travel arrangement that ENJOY SPLIT offered is considered the new travel contract, provided that the traveler waives all claims against ENJOY SPLIT with any legal basis that derived from the original contract.
If ENJOY SPLIT did not provide much of the contracted services after the start of the journey or if it judges that it will not be able to satisfy the fulfillment of the majority of the contracted services, ENJOY SPLIT may, with the consent of the traveler, modify the program for resuming the journey and, if necessary, indemnify the passenger for the difference in price between contracted and actually provided services. In addition to the written consent of the traveler, ENJOY SPLIT may replace an unprovided part of the service with another service, whereby the traveler waives the rights to claims from ENJOY SPLIT for such mutually agreed and modified part of the travel in respect of the travel contract concluded.
If ENJOY SPLIT could not adequately modify the travel program or if the traveler, for justified reasons, does not accept the changes, ENJOY SPLIT will at their own cost make it possible for traveler to return to the place of departure or another place, if the traveler agrees to it and to compensate for any damage he or she has suffered. Damage is paid in the amount of part of the price of the unused part of the contracted program based on the objections of the traveler. ENJOY SPLIT will resolve the complaint as specified in Article 11 of this contract. The largest amount of damage can be the amount of the contracted arrangement price.
ENJOY SPLIT is authorized to terminate the contract in whole or in part by a unilateral declaration without the obligation to compensate the traveler, if there are exceptional and unforeseeable circumstances that could not be prevented, avoided or eliminated, which, if they existed at the time of the conclusion of the travel arrangements, was a justified reason for ENJOY SPLIT not to conclude the contract. In this case, the traveler is entitled to a refund of the amount paid in full or the difference in price between the contracted and the provided services.
ENJOY SPLIT reserves the right to cancel the trip no later than 5 days before the start of the trip if the trip has been canceled by the organizer of the trip for which ENJOY SPLIT was an intermediary in the sale of the aforementioned arrangement or if the minimum number of travelers needed for the travel arrangements specified on each individual travel program is not filled or for some other valid reason.
ENJOY SPLIT reserves the right to change the day or hour of a journey due to a change of flight order or due to unforeseen circumstances, the right to change the direction of travel if the conditions of travel change (change of flight order, security situation in a particular country, elemental disasters or other situations that ENJOY SPLIT can not influence), without compensation for damages, and according to applicable regulations in domestic and international traffic.
ENJOY SPLIT accepts no liability for any change due to unforeseen circumstances and force majeure during the journey. In that case, it can provide services with regard to the given situation. ENJOY SPLIT is not responsible for any possible printing errors in the brochure / catalog as well as incorrect data entry by the operator on the ENJOY SPLIT web site.
10. Travel organized by other organizers / tour operators
For all arrangements where the ENJOY SPLIT is main organizer these General Terms apply except where ENJOY SPLIT is an intermediary, ie it is not the main travel organizer. Such arrangements will be specifically marked and the General Terms of the Responsible Organizer will be applied to them and ENJOY SPLIT will not be responsible for the implementation of tourist arrangements of other organizers. By signing the contract the TRAVELER fully accepts the program and the terms of the trip.
11. Resolving the complaint
The traveler has the right to complain to the failure to realize contracted services. The traveler is obliged to file a written complaint to ENJOY SPLIT, within 8 days of the end of the trip. We emphasize that it is in the interest of the traveler to act in good faith and to express his / her will to handle the complaint during the journey and to give his written complaint to the on-site service provider (reception, carrier, host or travel agency at the destination) and request a written confirmation from the service provider that the complaint has been received. Each traveler - the contract holder submits the objection separately. ENJOY SPLIT will not take into consideration group objections.
ENJOY SPLIT is obliged to make a written decision on the complaint within 15 days upon receipt of the complaint in the manner in which the objection was received (by e-mail, post or personal delivery to which it will be sent in a written return receipt). ENJOY SPLIT will only address those objections for which the traveler submits proof that he has sent a written complaint to the on-site service provider and that the cause can not be remedied on the spot. If, due to the fault of ENJOY SPLIT, there is a failure to complete the program or part of the service, the traveler is entitled to compensation in the amount of the actual value of the unused services and can not include the services already used, nor the total amount of the arrangement.
In the event of a contract for organized trip as a "last minute" (traveling at the last minute), or a contract where the name of the object is revealed to the TRAVELER only upon arrival in the destination (actions such as: fortuna, roulette, no name, as, jocker, ), TRAVELER accepts all the risks of such a journey. Such trips include uncertain facts that ENJOY SPLIT can not influence, and the TRAVELER has primarily accepted such a trip for a more favorable price, and therefore the TRAVELER is not entitled to any objection to ENJOY SPLIT.
In the case of a dispute concerning an online sale and online service agreement, the consumer may file a complaint or initiate a dispute settlement procedure via the online dispute settlement platform available at the following link: http://ec.europa.eu/consumers/odr/
While ENJOY SPLIT decides on complaints of the traveler, the traveler refrains from mediation by any other person, court institution or giving information to the media.
12. Health Regulations
The traveler is obliged to inform ENJOY SPLIT about all the facts regarding his / her health, habits and the like, which could endanger traveling (if for health and other reasons he or she requires a particular type of food, is suffering from chronic illness, allergies, etc.). Some programs specify special travel rules that include mandatory vaccination and the purchase of appropriate documents. The traveler is obliged to perform compulsory vaccination as well as having certificates and documents on it. We recommend payment of a policy for health insurance.
Luggage transport to a certain weight, as determined by the carrier, is free. In the case of air transportation, the excess baggage traveler pays according to the valid rules and the carrier's prices. Children up to the age of 2 do not have the right to free luggage transport. ENJOY SPLIT does not assume liability for lost or damaged luggage. Claims for lost luggage should be made to the carrier or hotel. In the case of air transport, luggage is the sole responsibility of the airline company, based on regulations applicable to air traffic. In case of loss of luggage, the traveler shall fill in the PIR form of the airline who carried out the transportation and submits it to the representative of the airline company, and one copy retains for himself. On the basis of the completed form, the airline company pays it the damages according to the regulations applicable in the domestic and international air transport traffic.
In the event of loss of luggage at the hotel, the traveler submits the form to the hotel where the luggage was lost. We recommend obtaining a luggage insurance policy.
14. Insurance in case of insolvency or bankruptcy of the travel organizer
According to the Law on Provision of Tourism Services, ENJOY SPLIT has concluded with the Insurer a Guarantee insurance agreement in case of payment impossibility or bankruptcy of travel organizers for which travel services are absent or for reimbursement of the costs of returning the Traveler to the place of departure. In the event of an insured event the traveler needs to contact the provider WIENER INSURANCE - insurance policy number 1501-00000560. This document is valid as a certificate of insurance in case of bankruptcy or insolvency of travel organizer.
15. Liability insurance
According to the Law on Provision of Tourism Services, ENJOY SPLIT has with the insurance company WIENER INSURANCE, a contract of liability insurance for damage caused to the passenger by a failure, partial fulfillment or improper fulfillment of the obligations, insurance policy number 1399-00036329. The employees of the agency will introduce the TRAVELER with the content of the current contract of insurance against liability for damage ENJOY SPLIT causes to traveler by non-performance, partial performance or undue performance of the obligations relating to the package arrangement, and the Traveler, by signing the Travel Contract, confirms that he is acquainted with the content of the said Agreement insurance.
16. Personal Data Protection
Notifications received by a traveler at the application site are not binding on the organizer to a greater extent than the information given in the travel program itself.
18. Final Provisions
These terms and conditions for travel exclude all current travel conditions and directions. The general terms and conditions of travel are an integral part of the contract that the traveler enters with ENJOY SPLIT or an authorized travel agency where he has applied for a trip organized by ENJOY SPLIT.
The parties undertake to resolve any disputable cases by agreement. If this is not possible, in the event of a dispute, the Court in Split and Croatian laws shall apply.
ENJOY SPLIT STATEMENT ON THE COLLECTION, USE AND PERSONAL DATA PROTECTION
Your privacy and communication with ENJOY SPLIT enjoys complete protection, in the manner that your personal information is required only when you express your interest for the deposit payment or the final confirmation of the reservation, so that we can make a payment of the desired accommodation on your behalf and send you all the necessary materials to your home e-mail address. Your personal data will be forwarded only to the service provider-renter in the accommodation unit or to the carrier of the service depending on the service or services that you have booked or paid through our system.
This way we want to inform you that your data will be used to periodically inform you about all the relevant changes that are happening at ENJOY SPLIT. If you do not want to receive any notices of changes, benefits, and special offers, please let us know. Point of sale-website www.enjoysplit.hr, agrees to protect buyers personal data in a way that it collects only necessary, basic information about buyers / users that are necessary for fulfilling our obligations; informing buyers of how we use the data we collect, regularly give buyers the choice about using their data, including the ability to decide to remove their name from the list used for marketing campaigns. All customer information is strictly kept and are available only to employees who require such information when is necessary to do the job. All the employees of Enjoy Split j.d.o.o Tourist Agency and our business partners are responsible for respecting the principles of privacy protection.
ENJOY SPLIT tourist agency, Biogradska 2, 21000 Split, Croatia