1. GENERAL TERMS
General conditions and instructions that are published here are an integral part between tourist agency O-Tours PCO d.o.o. (further in the text: Agency) and user/traveler who is reporting selecting program/arrangement. If there is in an individual program published provision different from the one published in points of this conditions then it is applied directive/condition published in the program.
Also, with the general conditions the reservation, payments, use of services and complains about the services offered in O-Tours business office PCO-a, as in the web store at the address www.otours.hr .
O-Tours PCO is an agency/seller and the buyer is every visitor in the O-Tours PCO Agency who books at least one service through e-mail or web store from the Agency.
Responsibility for the precision and completeness of the data inserted during the reservation and/or purchasing services bears the Customer. According to the Consumer protection law, we draw your attention that minors and completely business incompetent persons cannot perform distance buying and that can be only done by their legal representatives. Partially capable persons can conclude agreement with the consent from them legal representative.
Organizer of the trip, the Agency guarantees the implementation of the selected program/arrangement according to the description of the same published on the network site from the Agency, either on the third-party sits in the process of realization of the program or delivered directly to the buyer in the shape of special offer/contract. Content of the program/arrangement is going to be achieved by the organizer in completed and described way, apart from exceptional circumstances (war, riots, strike, terrorist action, sanitary disorder, natural disasters, interventions of competent authorities etc.)
3. APLICATION AND PAYMENT
Entries for the program / trip are received at the organizer's travel office, via the Internet or by submitting the application form to the email. When signing up, the user / traveler is required to provide all the information or documents required by the specific travel program. a) When signing up the buyer pays 40% of the value of the service / arrangement, and the remaining 60% of the amount is to be paid no later than 7 days before departure. b) An advance payment of 5% of the requested booking is payable for “reservation upon request”. The organizer will not accept booking request upon request without paid advance. If a traveler does not accept a confirmed reservation made on his request, the organizer will keep the advance paid to cover the cost of the reservation. The user / traveler agrees that he does not claim interest due to prepayment. By signing a contract, voucher or application form, or by specifying the number of your credit card when purchasing the services through means of distance communication, the traveler fully accepts these Terms of Travel reservation which he has carefully studied. In this way all that is stated under these conditions becomes a legal obligation for the user / traveler and the organizer. Advance payment, rate or full amount of payment can be made at the O – Tours PCO office (cash and debit and credit cards: American Express, Maestro, MasterCard, Visa and Diners), internet banking / general payment at the agency account or online link payment / internet store. Online payment is made through the HT Pay Way system. If the program does not specify otherwise, the advance is 40% of the price of the arrangement and the remaining 60% of the amount of the arrangement must be paid no later than 7 days before the initial date of the service or program execution. For programs that have defined repayments in installments, the buyer is required to comply with the defined deadlines for payment of individual war. If the buyer fails to comply with the defined deadlines / does not make the payment within the foreseen time, O – Tours PCO considers the arrangement canceled and adheres to the travel cancellation conditions as defined in Section 8 of these General Terms and Conditions. When traveling on a voyage, the passenger must present a document / certificate of payment of a paid arrangement at the request of O – Tours PCO, otherwise the traveler is not entitled to start a voyage.
Payments to the online store www.otours.hr are possible with the following cards: American Express, Maestro, MasterCard, Visa and Diners. When you choose to pay for cards, you will be redirected to a secured site where you need to enter the required personal information and card information. Your data is not available at any time at O - Tours PCO d.o.o. The entry and transfer of personal data and credit card number data is protected by the highest security standards provided by the HT Pay Way credit card online authorization system in accordance with the requirements of card and card brands and PCI DSS standards. Authorization and payment of credit cards is done by using the HT Pay Way system for authorization and real-time card billing. Once the payment process is complete, the payment receipt will arrive at the email address of the reservation carrier. Because it is systemically issued, we encourage clients who do not find a receipt in the incoming mail to pay attention to the promotional folder and the spam folder. Agencies are available to clients for any additional inquiries related to payment deadlines as well as for checking the performance of the transaction / received payment. Final notice / detailed travel information to the buyer is delivered via email no later than 1 (one) day before the start of the trip.
Statement of Online Payment Security through HT Pay Way
When paying with cards at our web store, use the HT Pay Way – an advanced payment card payment system online. HT Pay Way secures the complete secrecy of your credit card information from the moment you enter them into the HT Pay Way form. The payment information is forwarded encrypted from your web browser to the bank that issued your card. The Croatian telecom never comes into contact with the complete data on your payment card. Also, data is unavailable even to employees of the HT Pay Way system. Isolated core manages and manages sensitive data independently, keeping them completely safe. The payment access form is secured with the highest reliability SSL transport code. All stored data are additionally encrypted, using a cryptographic device certified to the FIPS 140-2 Level 3 standard. HT Pay Way applies state-of-the-art data protection standards – Secure Socket Layer (SSL) protocol with 128-bit data encryption and MD5 algorithm. The ISO 8583 protocol ensures that data exchange between the T-Com system and the credit card authorization centers is carried out on a private network, which is protected from the unauthorized access to a double layer of firewalls. When paying for cards included in the 3-D Secure Program, your bank with the validity of the card also verifies your identity with tokens or passwords. HT Pay Way collects all collected information as bank secrecy and treats them accordingly. Information is used solely for the purposes for which they are intended. Your sensitive data is completely secure, and their privacy is guaranteed by state-of-the-art security mechanisms. Only the data necessary to perform the job will be collected in accordance with the requirements of the demanding online payment procedures. The security controls and operational procedures applied to our infrastructure ensure the current reliability of the HT Pay Way system. In addition to maintaining strict access control, regular security tracking, and deep-seated network vulnerability checks, and by implementing security information provision, you keep up-to-date and enhance the security of your system by protecting your card.
O – Tours PCO d.o.o is committed to providing personal data protection by collecting only the essential, basic information about the customers / users required to fulfill our obligations; informing buyers of how they use the data they collect, regularly gives customers the choice of using their data, including the ability to decide whether or not to remove their name from the lists used for marketing campaigns. All customer information is strictly kept and only accessible to employees who are required to do this. All employees of O – Tours PCO d.o.o and their business partners are responsible for compliance with the principles of privacy protection.
4. CONTENT AND PRICE OF SERVICE
The content of the service / arrangement and their price does everything that the travel organizer has stated in the travel program. Special services are services that are not included in the price of the package and therefore the traveler specifically pays them. These services should be requested at check-in and are subject to a surcharge. Optional and special services requested by the traveler during the travel period are payable to the tourist companion or travel agent of the tour operator in the currency of the country where the service is provided. The travel prices are published on the travel program and are valid from the date of the program release. The prices quoted in our programs are based on contracts with our partners and do not have to match the prices posted on the spot at the destination you are in and any price difference may not be the subject of the claim. The prices of services / arrangements are published in kuna and calculated according to the prices of services in the reference currency at the sales exchange rate of the organizer of the tour organizer on a certain day. The price of the package (if not otherwise specified on the travel program) includes, as a rule, transportation services, hotel and catering services, all necessary pool maintenance services, incentive or team building programs and program organization. If stated in the travel program, the price may also include airport travel charges and the costs of professional and local driving. The package price does not include (unless otherwise agreed): Optional excursions and visits, possible costs of obtaining and issuing visas, tickets for visiting facilities. All types of special services (single rooms, special meals etc.) are paid specially by the traveler and must be ordered upon arrival. The organizer reserves the right to change the published prices in case of changes in accommodation prices, food, transport and other services, or in case of changes in the currency value calculation of the price of the arrangement. The traveler agrees to accept the price increase by up to 10%. If there is a price increase of more than 10%, the passenger has the right to cancel the arrangement at no cost for the cancellation and to notify the agency within 48 hours of the written or written notice received. If a traveler does not cancel within the specified time, he / she is deemed to agree to a change in the price. In case of cancellation the passenger is not entitled to compensation for damages.
THE RIGHT OF ORGANIZERS TO CANCEL
The organizer may cancel the arrangement in whole or in part if prior to or during the duration of the event there are exceptional circumstances that can not be avoided or eliminated and that they have occurred at the time of the announcement and the sale of the program to the organizer would have been justified by the fact that the program does not publish or accept the announcement of the arrangement. The organizer may also cancel the arrangement if the required number of passengers required for a particular arrangement is not reported. With the program of each arrangement, the travel organizer announces the minimum number of passengers. The organizer is obliged to inform all customers of the cancellation at least 5 days prior to the start of the arrangement and return them to the total amount of the package.
5. CATEGORIZATION AND SERVICE DESCRIPTION
Offered accommodation facilities, restaurants, transport etc. are described by the official categorization from local tourist association at the time of issuing the program. Standards of the accommodation, diet, services and etc. from certain places and countries are different and not comparable. Information that are given to the traveler at the selling point don’t commit the organizers to a greater extent than the information stated in the travel program.
6. CHANGES IN THE PROGRAM
Organizer of the trip has the right to change the program appear some outstanding circumstances that can’t be predicted, avoided or declined (see article 2.). Arranged accommodation can be replaced only by the accommodation in the same object or higher category at the expense of the organizer. Agency keep the right to change the day or hour of the departure due to a change of timetable or occurrence of extraordinary circumstances, as well as the right to change the course of the trip if the conditions of the travel change (exchange flight schedule, safety situation in particular country, natural disasters and other circumstances to which the Agency can’t influence) without payment of compensation and according to the valid regulations in international traffic.
7. CANCELATION POLICY
If a traveler wants to cancel a trip, he must do it in writing. The date of the written cancellation is the basis for calculating the cancellation costs according to the following scale:
- for cancellation up to 60 days before the organizer charges 10% of the price of the arrangement,
- for a cancellation of 59 to 22 days before the trip 30%,
- for a cancellation of 21 to 15 days before the time 60%,
- for cancellation from 14 to 8 days before the trip 80%,
- For cancellation from 7 to 0 days before departure, the organizer will charge 100% of the price of the package.
If a traveler does not appear or cancel the arrangement after its start, the organizer will charge the full amount of the arrangement. When the costs are really incurred or when the share at the fixed cost of the group is greater than the one in the given rank, the travel organizer reserves the right to charge the actual costs incurred. The mentioned cancellation costs also apply to changes in the date of departure or accommodation, as well as all other important changes. If the traveler who fails the trip finds a new user of the same reservation, the organizer charges only the costs caused by the replacement. Cancellation of all arrangements shall not be subject to the cost of obtaining visas and / or travel documents.
8. RISK INSURANCE
In order to avoid travel expenses, travel cancellation insurance may be subject to travel cancellation insurance. Travel cancellation insurance is payable upon conclusion of the Contract and can not be paid later. The insurance premium is calculated on the basis of the value of the travel and according to the price list of the Insurance Company. What is considered as an unforeseen obstacle is stated in the insurance policy. In the case of cancellation of the arrangement, the amount of the premium paid for cancellation or the purchase of the visa will not be refunded, even though the traveler has paid the cancellation insurance.
9. PASSENGER INSURANCE
Travel cost does not include accident insurance and travel illness, baggage damage and loss insurance, travel cancellation insurance, or health insurance. By signing the contract, it is considered that the traveler has been offered and recommended a package of travel insurance, and given the insurance terms before the purchase.
10. OBLIGATIONS OF THE TRAVEL ORGANIZER
The organizer is obliged to take care of the execution of the services as well as the choice of the service provider with the attention of a good organizer and to take care of the rights and interests of the passengers in accordance with good practices in tourism. The organizer is obliged to provide all the aforesaid services for the individual arrangement in the program and is appropriate to the passenger due to the potential non-performance of the service or part of the service. The organizer excludes any liability in the event of change and non-performance of services caused by force majeure (point 2) and the delay of the means of transport for which the carrier fails to comply with the applicable regulations and international conventions. In these cases, the traveler charges all additional charges.
11. PASSENGER OBLIGATIONS
The traveler shall:
- hold valid travel documents. Costs of loss or theft of documents during the trip are borne by the traveler. The facilitator or organizer's representative will help, but provided that the program is unobtrusive. If a visa is required for a trip, the travel organizer may, at the request of the passenger, where possible, be provided with a supplement to mediate in obtaining it. The travel organizer does not guarantee a visa.
- vaccinate and possess vaccination certificates and vaccination documents in countries that are required by the World Health Organization regulations. In this case, the traveler will submit a medical certificate. Failure to comply with these documents and / or the inaccuracy of travel documents leading to the waiver of travel or the inability to continue the journey shall not be binding on the travel organizer and the cancellation of the costs referred to in Article 8
- respect the customs and foreign currency regulations of the Republic of Croatia, as well as the countries in which they travel, Observe the home order in all visited facilities and cooperate with service providers in good faith.
- observe the instructions and cooperate with the tour guide and / or the travel organizer representative.
- When traveling to the tourist companion or the organizer's representative, present a document on the paid arrangement (original voucher, receipt of payment, copy of the voucher). In cases of non-compliance with these obligations, the Traveler shall be liable to the Organizer for any damages.
12. HEALTH PROVISIONS
The traveler is obliged to inform the Agency of all facts regarding his or her health, habits and the like, which may necessarily seriously jeopardize his / her health during the journey / arrangement (if for health reasons he or she requires a particular type of medical treatment, drug use or special nutrition conditioned medical therapy, chronic illness, allergies, etc.). Some programs have specific travel rules that include mandatory vaccination and the purchase of appropriate documents. The traveler is obliged to carry out mandatory vaccination as well as having certificates and documents on it. We recommend paying a health insurance bill.
Luggage luggage transportation is free of charge to the weight determined by the air carrier. The excess luggage is paid by the passenger to the applicable fare of the carrier. Children up to two years of age are not entitled to free luggage transport in air transport. When traveling by bus the passenger can take 2 pieces of personal luggage. Passengers are obliged to take care of their things entered into the buses' cab, and they must take them with them when leaving the bus. Otherwise, passengers are responsible for theft, loss or damage of things left in the buses' cab without their supervision. The luggage is transported to the passenger's risk, it is therefore recommended to provide luggage insurance with the insurance company. The travel organizer is not responsible for the lost or lost luggage, nor for theft of luggage or valuables at the hotel (safe deposit is recommended). The Traveler for the damaged or lost luggage will send the traveler or reception to the accommodation facility, depending on where the damage or loss occurred.
14. ACCOMMODATION IN ROOMS / APARTMENTS
The arrangement of accommodation in rooms or apartments is determined by the reception in the residence. If the buyer does not explicitly negotiate a specially decorated room / apartment, he / she will accept any officially registered room / apartment for rent in the respective facility, described in the catalog and pricelist. If possible, the organizer will try to meet the traveler's additional accommodation requirement (comfort, room orientation, floor, etc.) but can not guarantee the fulfillment of such request. The use of accommodation is usually not possible before 15.00 hours on the day of commencement of the service, and they usually have to leave until 10.00h unless otherwise specified in the travel program. Arrivals after 18.00 hours must be announced in advance, unless otherwise indicated. The number of available beds in a private accommodation is determined by the maximum possible number of guests in the room or apartment ie apartment or no more guests can be accommodated in the room. The child is counted as an adult. The owner of the apartment has the right to refuse the guest accommodation if the number of persons exceeds the amount announced by the agency. Pets are not allowed in the rooms / apartments unless stated otherwise, if allowed, a supplement will be paid for pets.
15. INSURANCE FOR THE CASE OF THE PLANNED EMPLOYMENT OR THE BENEFIT OF THE PASSENGER ORGANIZER
In the case of a failure of a tour operator or a bankruptcy of a travel organizer, passengers traveling on a journey should contact the insurer Croatia d. specify the address or phone number where the insurance representative can contact you. This document is valid as an insurance certificate in the case of bankruptcy or insolvency of the travel organizer. When contacting insurance, you must call on the Agency and its OIB as the reference number under which the insurance policy is kept.
16. LIABILITY INSURANCE
In accordance with the Law on Provision of Tourism Services, the Agency has, with the insurance company Hrvatska osiguranje d.d., a contracted liability insurance policy for damage caused by a failure of the passenger, partial fulfillment or unsatisfactory fulfillment of the obligations pertaining to the package arrangement. When contacting insurance, you must call on the Agency and its OIB as the reference number under which the insurance policy is kept.
17. PROBLEM SOLVING PROCEDURE
If the services provided by the program are incomplete or of insufficient quality, the traveler may request comparative damages by enclosing the written objection. Every passenger – contract holder has the right to complain about unpaid contracted services. Each traveler – the contract holder submits the objection separately; the organizer will not receive the group complaint process. Procedure relating to the objection: • Immediately in the place, the user / traveler advertises the inappropriate service to the tour operator or organizer's representative, SOLVING THE PRIGOVOR If the services provided by the program are incomplete or of insufficient quality, the traveler may request comparative damages by enclosing the written objection. Every passenger – contract holder has the right to complain about unpaid contracted services. Each traveler – the contract holder submits the objection separately; the organizer will not receive the group complaint process. Procedure relating to the objection: • Immediately in the place, the user / traveler advertises the inappropriate service to the tour operator or organizer's representative representative of the organizer or the service provider shall draw up a written confirmation in two copies signed by both of them. The passenger holds one copy of this certificate. • at the latest 8 days after the return journey, the traveler submits a written complaint at the point of sale where he has paid the arrangement and enclosed a written certificate signed by the representative and possible invoices for additional costs. The organizer will only receive the fully documented complaints received within the given 8 days. • The organizer is obliged to make a written decision on this complaint within 14 days upon receipt of the complaint at the point of sale. The organizer may postpone the deadline for complaints to collect information and check the allegations of appeal to service providers for a maximum of 14 days. The organizer will only deal with complaints that can not be solved in the place of rest. • While the organizer does not make a decision, the traveler irrevocably waives the mediation of any other person, arbitration, judicial institution or information in the public media. The highest compensation for the complaint may reach the amount of the advertised part of the service and may not include the services already used as well as the total amount of the arrangement . This excludes the right of the buyer to compensate for the ideal damage.
18. JURISDICTION OF THE COURT
In the sense of point 18 of these terms, the buyer of the service from the program in question also has the right to a complaint with the program organizer. If the customer is dissatisfied with the organizer's decision, he has the right to arbitration. For such a case, the jurisdiction of the court is contracted at the headquarters of the responsible organizer.
19. PERSONAL DATA PROTECTION
The personal data of the natural persons (client / traveler / respondent) are collected for the purpose of performing the business obligations in the activities of the tourist agency in accordance with the Tourism Services Act. In order to protect them, pursuant to the Data Protection Act, the Agency shall also act in accordance with its Ordinance on the collection, processing and protection of personal data. The Traveler submits personal data voluntarily to the explicitly stated program / arrangement. By signing the Agreement or by accepting such clearly published terms on the Agency's website, the Traveler authorizes the Agency to use the data for the purpose of communicating with it as well as the realization of the requested service. Clients / travelers / respondents have the right at any time to waive the waiting period and ask for a further termination processing their data. Data can only be collected for the predetermined individual program / arrangement. Information on the purpose of collecting particular data is publicly available on the website of the Agency and / or a third party in the process of program realization (congress or travel organizer) The client/ traveler / respondent should definitely be familiar with the terms and conditions of the profession / his personal data, and gives his written permission. The professional and administrative staff of the Agency that collects and processes personal data shall take technical, personnel and organizational measures to protect the personal data necessary to protect personal data against accidental loss or destruction, unauthorized access or unauthorized use, unauthorized disclosure, and any other misuse, and establish the obligation of the persons involved in processing the data. The Agency agrees that it will not be delivered from the country or delivered to third parties except for the purpose of realizing certain services that are the subject of the passenger's own request (eg making a travel insurance form, obtaining visas, booking hotels, airline tickets etc.) After the completed program, ie the realization of the purpose for which the data are collected, is the same, according to the terms of the individual contracts, and after the expiration of the legal deadlines of the appeal, they must be destroyed. Data in writing is destroyed by a paper cutter while stored on the server permanently deleted.
20. SALVATORY CLAUSE
If, for any provision of these General Terms and Conditions or any specific travel and contract annexes,
that it is null and void it will not affect the other provisions of this Agreement and these General Terms as well as possible annexes for specific travel to
the whole will remain valid, with the parties replacing the nullity of the provision with a valid one that will, to the greatest extent possible,
to enable the achievement of the goal to be achieved by a provision found to be null and void.
21. FINAL PROVISIONS
These general terms and conditions of travel are an integral part of the contract concluded by the traveler with the Agency. Possible / anticipated deviations from these conditions must be indicated along with the travel program text. By signing the contract the user / traveler fully accepts the program and the program / travel conditions. This edition of travel conditions excludes all previous editions.