Travel Contract and General Conditions and Directives for Travel Arrangements
1.Subject Matter of the Contract
The subject matter of this Contract is the regulation of the mutual relations of the travel organizer – the travel agency FORT OPUS j.d.o.o.. (hereinafter FORT OPUS) and the TRAVELER i.e. the travel contractor in the case where the travel contractor concludes this contract in behalf of a third party (hereinafter TRAVELER). This Travel Contract contains General Conditions and Directives for Travel Arrangements, i.e. it refers to the travel program that contains all necessary data. The Contract is considered binding upon signing by an employee of the agency (an employee of the FORT OPUS agency or any other person authorized for the sales of FORT OPUS travel arrangements) and by the traveler and upon total payment of the travel arrangement or a portion of the payment if payment of the remaining amount by the agreed date is indisputably insured by the traveler. If the traveler is not able to personally sign the Contract, the Contract assumes legal effect only when FORT OPUS receives the entire agreed amount of the cost of the travel arrangement or if such is specifically agreed upon, a portion of the agreed payment and documentation that indisputably insures the payment of the remaining portion of payment by the agreed date. The traveler may register for a voyage in all branch offices of FORT OPUS as well as other authorized agencies in person, by telephone, Internet or other means of remote communication. When concluding a Contract, the traveler is obliged to provide personal data and duly provide all documentation necessary of the organization of the voyage. The traveler guarantees that FORT OPUS has been provided with correct and valid data necessary for the undisturbed realization of the voyage and accepts all legal obligations deriving from this Contract and from legal regulations.
2. Reservations and payment
In order to confirm a reservation, upon registration the traveler pays 30% of the price of the travel arrangement (if the program does not state otherwise). The remaining cost of the arrangement has to be paid no later than 21 days before the beginning of the trip or documentation guaranteeing the indisputable payment of the total cost of the travel arrangement is provided. If the traveler can not make the travel arrangement he has to no later than 21 days before the beginning of the trip, the reservation will be considered cancelled without the possibility of refunding any advanced payments.
For all reservations including reservations “upon request” (when at the moment of registering the traveler, capacity for an individual arrangement for a specific trip in unavailable, where FORT OPUS is able to ensure additional space) FORT OPUS charges a reservation fee in the amount of 75 HRK (per contract). In the event that less than 21 days remain before the departure of a trip, for such an “upon request” reservation, an adequate part of the arrangement price is paid according to the conditions set forth in Article 8 of this contract. Such a requested “upon request” reservation is processed by FORT OPUS within two business days (Saturday is not considered a business day) and the traveler is notified thereof orally or in writing. If FORT OPUS does not notify the traveler of the executed or is not able to ensure the reservation of a requested arrangement within the stated term, the full paid amount will be refunded to the traveler in its entirety. If the traveler does not accept the requested reservation, which has been confirmed by FORT OPUS, the Payment fees including the reservation fees are not refunded. For reservation confirmation” with “Last minute” offers, the TRAVELER is required to immediately pay the entire cost of the arrangement or ensure the indisputable payment of the entire cost of the arrangement.
The prices of trips are advertised in the traveling program and are valid from the day of advertising the program. The package tour prices do not include a reservation fee additionally charged in the amount of 75 HRK (per contract) upon reservation. Prices stated in FORT OPUS programs are based on contracts with our partners and do not have to conform with prices advertised at the traveler’s destination and an eventual price difference cannot be subject to complaint.
The travel organizer may anticipate that a traveler executes payment on the spot of a specific service that will be utilized abroad in the currency of the country where he is to be situated. For services that are paid for on the spot, the traveler submits eventual disputes directly to the executor of the services FORT OPUS can request for an increase of the agreed upon price a maximum of 21 days before the beginning of the. trip if, after the contract was closed, there was a change in the currency rates or an increase of the costs of transport. This includes the costs of fuel or an increase of a fee for certain services (in airports and other ports and alike) which influences the price of the trip, where there was no way it could have been known of beforehand. In that case, the price of the arrangement will be increased reciprocally to the increase of the prices of the calculative elements on the base on which the price is formed. The passenger is obligated to accept the increase of the agreed upon price up to 10%. If there is an increase in the price which is greater than 10%, the passenger has the right to cancel the arrangement but is obligated to inform FORT OPUS of this within 2 work days from the received notification. In case the arrangement is canceled, the traveler does not have the right for compensation. If the traveler does not deliver his cancellation to FORT OPUS in written form within the stated time period, it will be assumed that he agrees with the price change.
4. Categorization and description of services
The offered hotels, pensions or any other facilities on FORT OPUS programs are described according to the official categorization of the respective countries at the moment of the program’s issuance. May we point out that local categorization in individual countries differs greatly. Accommodation, food, comfort and other services are under surveillance by local and national tourist authorities, and accommodation and service standards are different and cannot be compared. FORT OPUS shall not assume responsibility for any oral or written information that is not in accordance with the description of services and facilities in FORT OPUS programs valid for stated voyages, which may
Have been supplied by FORT OPUS employees or any other third person.
The accommodation arrangement in rooms or pensions is determined locally by the reception desk. If the traveler had not specifically arranged a room/pension with certain characteristics, he will accept any officially registered and available room/pension in each individual facility or destination described in the travel program. Accommodation is not possible before 16:00 on the day initiating the utilization of the services, and the same shall be vacated by 10:00 on the day completing the utilization of the services, if not differently stated in the travel program. For later arrivals in accommodation facilities (after 20:00), it is necessary to inform FORT OPUS of such beforehand, no later that one day before voyage departure, if such a later arrival had not been foreseen in the travel program.
5. Travel documents, respecting regulations
A traveler that registers for a foreign voyage must possess valid travel documents. During registration or by the deadline stated in the program, the traveler shall provide FORT OPUS with all essential data and documents necessary to obtain a visa for the country of travel. FORT OPUS does not guarantee the obtainment of visas. If the traveler does not fulfill the stated obligations or the request for the obtainment of the visa is rejected, it shall be considered that the traveler has terminated the voyage.
The traveler shall respect customs, currency and other regulations. If the traveler cannot continue his journey due to lack of conformity to regulations, he solely bears all incurred costs and consequences of the same. If the traveler loses travel documents or finds the same stolen during the duration of the voyage, he is obliged to insure new documents at his own cost. The traveler is obliged to secure that he personally, his documents and luggage fulfill conditions prescribed by visa, boarder, customs, health and other regulations of the Republic of Croatia as well as of countries to which will be traveled. The traveler is obliged to comply with rules of conduct in catering and hotel facilities and to cooperate with the representative of the travel organization and service providers in good faith. In the event of non-compliance of the stated obligations, the traveler is responsible for the incurred damage, and FORT OPUS assumes no responsibility for such damage. In such a case, the amount of damage shall be settled by the traveler to the owner of the facility (hotel, pension, etc.) at the reception desk.
During the signing of the contract, the FORT OPUS employee will inform the traveler of the information sources of the country in which the traveler is traveling including the opinion of the Ministry of Foreign Affairs of the Republic of Croatia. We recommend that each traveler informs themselves by visiting the website www.mvp.hr and examines the list of high- and moderate-risk countries according to the opinion of the MFA of Croatia. For all travelers who are not citizens of Croatia and do not possess Croatian travel documentation, we recommend that before payment of the travel arrangement, the traveler should personally inquire about the country of travel and conditions that are necessary to fulfill for travel to that country, taking into account the differences in provisions that are valid for citizens of particular countries. FORT OPUS may refer the traveler to an information source but do not in any way assume responsibility for consequences that may result for the traveler due to irreverence of such provisions.
Invalid travel documents, i.e. unapproved visas that as a consequence call for the termination of travel, in no regard constrain FORT OPUS and conditions for the termination of travel shall be implemented. FORT OPUS declines all responsibility for damages that may result due to irreverence of provisions of particular countries or those that may produce invalid travel documents.
6. Travel Insurance
Pursuant to the Law on Providing Services in Tourism, agency employees are obliged to offer the traveler a travel insurance “package” which is comprised of: voluntary health insurance during their stay abroad, accident insurance, luggage insurance and travel termination insurance. By signing the contract, the traveler confirms that a travel insurance package has been offered. In the event that the traveler requests the mentioned insurance, it may be directly concluded with any insurance provider or with FORT OPUS, where FORT OPUS acts only as an intermediary. By signing the contract it shall be considered that travelers have been offered and recommended the insurance stated in the previous paragraph.
7. Travel termination insurance
If during travel registration, the traveler foresees that he may terminate his voyage due to specific situations, we recommend the payment of a policy of travel termination insurance. Termination insurance cannot be paid retrospectively, only during the process of travel registration. Termination insurance shall be applied in the following situations only, with the obligatory written confirmation: military draft, illness, death of an immediate family member. If the traveler does not possess a travel termination policy and must terminate his voyage and has a confirmation of military draft, illness or death, FORT OPUS reserves the right of disbursement in accordance with regulations stated in Article 8 of this Contract. Upon termination of a travel arrangement, the expenses of visa obtainment are not disbursed even if the traveler has a termination insurance policy. With the payment of a termination insurance policy, the traveler transmits all his claims onto the insurance provider of the termination insurance policy in possession, and FORT OPUS shall be obliged to insure all necessary documentation for the traveler for actualizing the claims of the traveler toward the insurance provider, and which pertains to the travel arrangement. All termination conditions are stated in the insurance policy and we recommend that each traveler read them carefully.
8. Termination of voyage by the traveler
If the traveler terminates a paid travel arrangement, FORT OPUS retains the following amounts of the total cost of the travel arrangement (if the program does not state otherwise), European voyages, vacations, ski trips
- up to 180 days before moving in 10% of the travel arrangement price, no less than 100 HRK
- 46 days before moving in 30% of the travel arrangement price
- 21 days before moving in 60% of the travel arrangement price
- 20 to zero days before moving in or now show 100% of the travel arrangement price
Special rule applies for first minute offers. If traveler terminates a paid travel arrangement 181 days before moving in and up FORT OPUS retains amount of discount for covering the costs.
The stated expenses apply to changes in departure dates or accommodation facilities as well as for all of the contract, and finds another client for the same reservation that satisfies all conditions for consuming the stated travel arrangement. If the traveler has not paid the remaining amount or insured the undisputable payment of the travel arrangement 21 days before the travel departure, FORT OPUS shall consider that the traveler has terminated the reservation, without the possibility of disbursement of the settled advance payment for the travel arrangement.
9. Iteration of travel by FORT OPUS or change of travel program
If FORT OPUS significantly changes the program, accommodations or costs before the beginning of the voyage, they are obliged to immediately inform the traveler thereof in written form. The traveler may either accept or refuse the amended program within 2 business days of receipt of FORT OPUS’s notification. In the event of refusal or a failure to respond to the offer, FORT OPUS shall be obliged to refund the paid expenses to the traveler within 7 business days. In the event of acceptance, the substitute travel arrangement that FORT OPUS had offered shall be considered the new travel contract, where the traveler resigns the right to all claims towards FORT OPUS from any legal basis that derived from the initial contract.
If FORT OPUS had not offered the greater part of the contracted services or if they estimate that they will not be in the situation to insure the implementation of the greater part of the contracted services after the commencement of the voyage, FORT OPUS may on their burden, with the compliance the traveler, execute changes in the program for the continuation of the voyage and as necessary compensate the traveler for the price difference between the contacted and actual services offered. With written consent of the traveler, FORT OPUS may substitute the unexecuted portion of services with another service, where the traveler resigns the right to seek claims from FORT OPUS for such a mutually contracted and amended portion of the voyage in regards to the concluded travel contract. If FORT OPUS was not able to amend the travel program in an adequate manner or if a traveler does not accept the changes due to justified reasons, FORT OPUS will enable the return of the traveler to the departure point or to another location at their own cost, it the traveler agrees with such, and reimburse any eventual damage the traveler sustained in doing so. Damage is paid as the portion of the costs of the unused portion of the contracted program, which is based on the complaint of the traveler. FORT OPUS will resolve the complaint in the manner as stated in point 10 of this contract. The largest amount of compensation may be the cost of the contracted travel arrangement. FORT OPUS is authorized to completely or partially terminate the contract by a unilateral statement, without the obligation of damage compensation to the traveler, in the event of external uncommon and unpredictable circumstances that could not have been prevented, avoided or eliminated, and if they were to exist at the time of concluding the contract for organizing the voyage, would have been a justified reason for FORT OPUS to not conclude the contract. In such a case, the traveler has the right to reimbursement of the paid amount in its entirety i.e. the difference in the cost between the contracted and offered services.
FORT OPUS reserves the right to cancel voyages, no later than 5 days before the beginning of the voyage, if the voyage was cancelled by the travel organizer for which FORT OPUS was an intermediary for the sales of the mentioned travel arrangement or if the minimum number of travelers necessary for the realization of a travel arrangement stated on each individual travel program did not register for a specific voyage or for any other justified reason. FORT OPUS reserves the right to change the date or hour of travel due to changes in flight schedules or due to the occurrence of unforeseeable circumstances, as well as the right to change the direction of travel if the conditions of travel change (flight schedule change, security situation in a specific country, natural disasters or other situations where FORT OPUS has no influence), without damage compensation, and in accordance with valid regulations in domestic and international traffic.
FORT OPUS shall not be held responsible for changes due to unforeseeable circumstances and force majeure during the voyage. In that case, services in respect to the given situation can be insured. FORT OPUS shall not be held liable for eventual printing errors of programs in the context of brochures/catalogs as well as for erroneous inputs of data by the operator of FORT OPUS’s websites.
10. Trips organized by other organizers/tour operators
For all travel arrangements where FORT OPUS is the principal organizer, these General Conditions apply except in the event where FORT OPUS is a mediator i.e. is not the principal tour organizer. Such travel arrangements will be specially designated and general conditions of the responsible organizer shall apply thereto. FORT OPUS shall not be held accountable for the implementation of tourist travel arrangements of other organizers. With the execution of the contract, the TRAVELER accepts the program and the travel conditions in their entirety.
11. Resolution of complaints
The traveler has the right to submit a complaint due to the unfulfilled agreed upon service. The traveler is obligated to issue a written complaint to FORT OPUS within 8 days after the finalization of the trip. Complaints issued after the deadline of 8 days will not be taken into consideration. We emphasize that it is in the best interest of the traveler to perform in good will and to show good will in solving the complaint during the trip and to submit his written complaint to the service provider on the spot (front desk, transport operator, caterer or travel agency in the destination) and to seek a written confirmation from the service provider that they received the complaint. Every traveler – contract carrier, issues a complaint individually. FORT OPUS will not take group complaints into consideration. FORT OPUS is obligated to issue a written solution for the complaint within 15 days after receiving the complaint and this is to be done in the way the complaint was received (e-mail, mail or personal deliver where it will be responded to through a written package with a return receipt). FORT OPUS will solve only those complaints where the traveler submits evidence that he has submitted a complaint to the service provider on the spot and that the cause could not be removed on the spot. If through the fault of FORT OPUS the program or a part of the service was unfulfilled, the traveler has the right to compensation to the height of the real value of the unused service and this cannot include already used services as well as the entire amount of the arrangement. In the case of closing a contract through the “Fortuna System” or through a “Last minute offer”, the traveler does not have the right to file a complaint regarding the quality of the accommodation. Until FORT OPUS delivers a decision, the traveler shall abandon mediation of any other person, court establishments or providing information to the media.
12. Health regulations
The traveler is obliged to notify FORT OPUS of all facts in regards to his health, habits, etc. that may jeopardize the progress of the voyage (if due to health or other reasons, a specific type of food is necessary, if chronically ill, if allergies are present, etc.). In some programs, special travel rules are stated, which include mandatory vaccinations and the acquisition of pertinent documentation. The traveler shall be obliged to execute mandatory vaccinations as well as be in possession of confirmation and documents thereof. We recommend obtaining a health insurance policy.
The transport of luggage of a specific weight is free of charge. For air transportation, the traveler pays for luggage excess in accordance to valid regulations and transporter’s prices. Children up to 2 years of age do not have the right to free luggage transport. FORT OPUS does not assume responsibility for lost or damaged luggage. Claims for lost luggage are directed to the transportation provider or hotel. For air transportation, the airline is exclusively responsible for luggage, based on regulations that are valid concerning air traffic. In the event of loss of luggage, the traveler fills out a PIR form of the airline that executed the transport and delivers the said form to the representative of the airline, and keeps one copy. Based on the filled out form, the airline pays compensation pursuant to regulations that are valid for domestic and international passenger air traffic.
14. Insurance in the event of payment incapability or bankruptcy of the travel organizer
In the event of payment incapability or bankruptcy of the travel organizer, travelers found on a voyage must contact the insurance provider as soon as possible and state the address or telephone number where an insurance representative may contact them. This document has the validity of insurance confirmation in the event of bankruptcy or payment incapability of the travel organizer.
15. Liability insurance
In accordance to the Law on Providing Services in Tourism, FORT OPUS has concluded a contract with the insurance provider regarding liability insurance for damage induced upon the traveler due to the failure to realize, to partially realize or to disorderly realize the obligations relating to the package travel arrangement.
16. Protection of personal data
The traveler voluntarily renders personal data. Personal data of the traveler are necessary in the realization process of contracted travel arrangements and shall be used for further communication. FORT OPUS obliges that personal data of the traveler will not leave the country except for the purpose of realizing contracted travel arrangements. An exception to providing personal data to third persons applies to concluding a travel insurance policy, i.e. if the traveler concludes an insurance policy, his data will then be forwarded to an insurance provider. The traveler’s personal data will be stored in a database, in accordance with the Decision of the Board of Directors concerning methods of collection, processing and protecting personal data. The traveler agrees that his personal information can be used for the purpose of realizing the agreed upon arrangement and for the marketing events of FORT OPUS.
Notification received by the traveler at the registration location does not oblige the organizer to a greater degree than the notifications and information stated in the travel program itself.
18. Final provisions
These conditions and directives for travel exclude all current conditions and directives for travel. General conditions and directives for travel are an integral part of the contract concluded between the traveler and FORT OPUS or an authorized tourist agency where the traveler registered for a voyage organized by FORT OPUS. The parties agree that all eventual disputable situations shall be settled by agreement. In the contrary, in the event of a dispute the legally amenable court is the Court of Split, where Croatian legislation shall be used.
FORT OPUS. Tourist Agency, Klek, Radalj 63