GENERAL TERMS AND CONDITIONS OF MAGIC CROATIA D.O.O. TRAVEL AGENCY
1. TERMS DEFINITION USED IN THE GENERAL TERMS
1.1. General terms and conditions of travelling with Magic Croatia Travel Agency d.o.o. (in further text General Terms) determinate relation between travel organizer Magic Croatia d.o.o. Travel Agency, Poljana pape Aleksandra III, no. 7, 23 000 Zadar OIB: 49496463544 (in further text Magic Croatia)
and person who undertakes journey (in further text Traveler) as well as relation with any person who concludes Contract on the organization of the journey, regardless who the traveler is (in further text Travel Contractor). General Terms, Travel Itinerary or Individual Travel Itinerary are integral parts of the Contract on the organization of the journey (in further text Contract). Travel Contractor and Traveler accepts General terms entirely by:
1. Signing the Contract
2. Signing the Voucher of the booking reservation
3. By placing online order trough subagents regardless the chosen paying method
4. By confirming booking reservation and approving to charge credit card (whether paying the entire amount or advance deposit)
All stated under this terms and conditions becomes legal obligation for the Traveler and Magic Croatia Travel agency.
1.2. Terminology definition:
All capitalised Terminology used in these General Terms carry the meaning as defined in this provision of the General Terms, unless they are differently defined by the Contract.
Travel Organizer – Magic Croatia Travel Agency
Travel Contractor – any person who concludes the Contract on the organization of the journey with the Travel Organizer, regardless of who the traveler is
Traveler – the person who undertakes the journey, regardless of whether they are Travel Contractor
General Terms – General Terms and Conditions of Traveling with the Magic Croatia Travel agency
Contract – Contract on the organization of the journey, signed by the Travel Organizer, i.e. an authorized person and the Travel Contractor in order to realize the journey according to specific Travel Itinerary or Individual Tour Itinerary
Package tour – a set combination of at least two particular services involving transport, accommodation or other tourist or hospitality services that form a package, and are provided in a 24-hour period or include at least one overnight stay and are sold at a single price agreed in advance.
Travel Itinerary – any published promotional material for a specific Package Tour that details the Travel Itinerary and as such represents the general offer by the Travel Organizer which forms part of the Contract once it is concluded, if the Contract does not arrange it in a different way
Individual Travel Itinerary – Package Tour designed at the request of the involved Travel Contractor or Traveler
Voucher – a written document addressed to an individual name or a group of travelers that contains non-transferable right of the addressees to the services that are stated, i.e. an order to the immediate service provider to provide the listed services to the addressed persons
Subagents – third parties, who help the Travel Organizer to promote, sell and contract their journeys.
1.3. General terms and conditions of Magic Croatia Travel agency apply for following services: organizing, selling and tour realization; mediation in selling tours; organizing, selling and realization of package tours; and mediation in selling tours.
1.4. In case that the provisions of the Contract and/or the Travel Itinerary or Individual Travel Itinerary and/or General Terms differ in content, the first to apply to the contractual relationship between the Travel Contractor or Traveler and Travel Organizer shall be the Contract, then the Travel Itinerary or Individual Travel Itinerary and last the General Terms.
1.5. If Magic Croatia is not tour/service organizer it appears as mediator. Magic Croatia transfers to Traveler all information provided by tour organizer or service provider and enables traveler to book chosen tour/service. In that case, tour organizer or service provider is fully responsible for realization of the booked tour/service.
2. REGISTRATION AND PAYMENT
2.1. Anybody can register for booking the tour by stating the name of the traveler and other data needed to realize the journey by phone, e-mail or other means of communication, or at the authorized Subagents.
2.2. By booking a reservation for a tour or service through the Website or the Phone, Traveler acknowledge that he accepted all Terms and Conditions at the time of placing the reservation. Traveler has obligation to get acquainted with all Terms and Conditions listed in the web page https://magic-croatia.hr/en/terms-and-conditions/.
2.3. Based on the received booking reservation, Magic Croatia will propose a Contract that is considered biding, i.e. comes into effect, after both sides agreed to sign it or when Traveler or Travel Contractor confirmed his consent by e-mail, approving to charge credit card and upon successful payment to the account.
2.4. For package tour/journey, if not stated otherwise, is required to pay advance deposit 30% of the total amount upon placing booking reservation and the remaining balance must be payed at least 15 days before the Traveler starts the journey. Magic Croatia and Traveler can arrange and contract different payment methods.
It is considered that the Travel Contractor, i.e. Traveler, has fulfilled obligation of advanced payment with the date on which the advanced deposit is made on the behalf of Magic Croatia’s agency account. Or on the day Magic Croatia has received from the Travel Contractor a written approval to charge his credit card for the advance amount or the agreed price of the journey. The Advance deposit guarantees to Traveler available place at the contracted tour package/journey.
If the Travel Contractor, i.e. Traveler does not pay in remaining balance within the foreseen deadline, it will be considered that he cancelled booked tour package/journey and the Cancellation policy upon provision 9 of the General Terms will apply.
2.5. For Individual Travel program the advance deposit is paid according to the Magic Croatia’s price list. By placing advance payment it is considered that the Travel Contractor, i.e. Traveler has accepted Individual Travel itinerary. Paid advance will be included in the tour price. If Magic Croatia is unable to confirm booking reservation for which advance payment has been payed, the amount paid in advance will be re-paid to Traveler entirely. In case Traveler cancel the already agreed Individual Travel Program, provision 9 of the General Terms will be applied and the Travel Organizer is entitled to keep the amount paid in advance.
2.6. At the Travel Organizer’s request, the Travel Contractor or the Traveler shall provide all data and documents needed to realize the Contract. The Travel Organizer can ask and keep copies of the documents if they are needed to realize the Contract on organizing a journey. Should the Travel Contractor or the Traveler not provide the required data on time and in a way stated in the Travel Organizer’s request, this will be understood as cancellation of Contract. The Travel Contractor or the Traveler is liable for all damage incurred both to him and the Travel Organizer due to incorrect and/or incomplete data or documents.
2.7. Traveler must provide a proof of package/tour payment to the service provider (e-ticket or voucher of Magic Croatia travel agency or any other subagent). Otherwise service provider is not required to receive Traveler on a booked tour. In case more people show than indicated in voucher, service provider/Travel organizer has right to forbid not registered passengers in participating that tour or to cancel the tour.
In case the Traveler is a minor, and the Travel Contractor is not a parent (legal guardian) to the child, the Contract is considered as binding i.e. comes into effect only when the before mentioned prerequisites are fulfilled and the child’s parent agrees to the contracted journey, i.e. to the provisions of the Contract, by signing the Contract or submitting a particular written consent.
3. PACKAGE TOUR PRICES AND SPECIAL SERVICES
3.1. Package tours’ prices are listed in HRK and are valid from the date of Travel Itinerary publication.
3.2. Package Tour prices, unless defined differently by the Contract, normally include the services of transport, accommodation and hospitality services, cost of organization and mandatory insurance (guarantee). Package Tour prices normally do not include airport fees, visa related expenses, entrance tickets for venues, travel insurance and optional offers unless it is agreed differently.
3.3. Apart from the basic price of a package tour, Traveler is obliged to pay all compulsory charges, which, if not included in the price of a service, are being added to the basic package tour price and on the basis of Contract represent total financial obligation of the Traveler.
3.4. At the request of Magic Croatia travel agency, Travel Contractor, i.e. Traveler is obliged to pay in advance taxes, fees or tickets specified by the special regulations that Magic Croatia has to charge on behalf of someone else and are necessary for realization of the package tour. Magic Croatia will inform Travel Contractor, i.e. Traveler about price and any fee payment changes in a timely manner.
3.5. Specific services are the services provided by the Travel Organizer or service provider that are not included in the price, and Travel Contractor, i.e. Traveler pays them separately, as a separate service.
3.6. Travel Organizer has to ensure the realization of specific services (single room, specific diet etc.) under condition they are listed and described in the Travel Itinerary and that the Travel Contractor or the Traveler ordered them prior/while concluding the Contract. They are added to the package tour price and included in the final calculation specified in the Contract.
3.7. In case these specific services which the Travel Contractor or the Traveler can order before or during the journey are not part of the Itinerary, the Travel Organizer will do their best to ensure those services from the immediate provider. In this case the Travel Contractor or the Traveler shall pay the price for the demanded specific services in a way and in the period that is determined by the immediate service provider, plus a fee to the Travel Organizer for arranging the service. Travel Contractor or the Traveler is still obliged to pay for ordered specific service even if he cancels the ordered specific services.
Magic Croatia is not liable, regardless the assistance it will provide to Traveler, for any additional specific services that are not listed in Contract and those that Traveler requested during provision of service and asked directly from the service provider and all at-the-spot payments to the immediate service provider.
3.8. In its promotional materials and itinerary Magic Croatia can recommend to a Traveler to pay on-site for individual services, such as optional trips, equipment rental ect., In that case, Magic Croatia is not Travel Organizer but instead, informant. Due to that, Traveler may submit the complaint claim to the service provider at the spot.
3.9. Discounts are always excluded from each other and they never accumulate. In that case, Traveler can choose discount or benefit which suits him best. Possible special discounts on the full price of Package Tours, for instance for children or other benefits for Travelers are arranged only if they are mentioned in the Itinerary.
4. TRAVEL DOCUMENTATION
4.1. Travel documents are documents needed for realization the contracted journey (such as original voucher, travel itinerary, air tickets, e-ticket, written notices, etc.) that the Travel Organizer shall submit to the Travel Contractor or the Traveler.
4.2. All travel documents will be submitted to the traveler at least 5 days before departure, unless the Travel Itinerary or Individual Travel Itinerary defines it differently.
4.3. To avoid misinterpretation, it is worth mentioning that Passports are not considered travel documentation in General Terms.
5. CHANGES IN PACKAGE TOUR PRICE AND THE RIGHT TO TERMINATE THE CONTRACT DUE TO PRICE INCREASE
5.1. Package tour prices are in HRK based on the rate of HRK to foreign currencies by HNB selling rates on the date when the Contract is concluded. Travel Organizer reserves the right to rise the contracted price after the day of reservation if
• currency exchange rates changed since the date of publication itinerary
• change of transport expenses (fuel, toll, ect.)
• changes in the price of accommodation, food and other services provided in the Contract
In that case the total price of a package tour is increased reciprocally to the price of each service that is part of the package tour price.
5.2. If the increase of the Package Tour price is up to 10%, the Travel Organizer is obliged to inform the Travel Contractor.
If the increase in the price is over 10%, the Travel Contractor can terminate the Contract, and is entitled to the reimbursement of the paid price, with no obligation of indemnification to the Travel Organizer, on condition that they inform the Travel Organizer about the termination at the latest 48 hours after the receipt of the written notice about the over 10 % increase in the price. If the journey is not cancelled in due time, the Travel Organizer will understand that the Travel Contractor is in contract with the change and accepts the increase of the price.
6. CANCELLATION ON THE BEHALF OF THE TRAVEL ORGANIZER
6.1. Before or during the journey/package tour, Magic Croatia as Travel Organizer, reserves a right to cancel the journey/package tour without indemnifying the Travel Contractor or the Traveler, due to majeure circumstances or if the minimum number of participants stipulated in the itinerary has not been met. In such cases the Travel Organizer can cancel the journey at the latest 7 days prior to departure.
6.2. If the Travel Organizer cancels the journey, the Travel Contractor or the Traveler is entitled to reimbursement of the total price charged for the journey, but to no compensation for the visa, vaccination or similar expenses.
6.3. Magic Croatia reserves the right to cancel booking for Individual tour for a full refund in case of bad weather and not enough travelers within 48 hours before the start of the tour.
7. CANCELLATION AND TERMINATION BY THE TRAVEL CONTRACTOR /TRAVELER
7.1. Traveler or Travel Contractor has right to cancel booking reservation. In such case, Magic Croatia is entitled to reimbursement of costs incurred through termination of the Contract. Cancellation fee is defined by General Terms and Conditions, unless it is stated otherwise in Travel Contract or Travel Itinerary.
7.2. Magic Croatia shall retain cancellation fee depending on the time period prior to journey/tour date as follows:
If the Travel Contractor, i.e. Traveler cancels a journey or package tour:
• 20 to 15 days before departure – 20 % of the total price
• 14 to 8 days before departure – 40 % of the total price
• 7 to 0 days before departure – 100 % of the total price
• Cancellation or change at scheduled arrival date or “No show” – 100 % of the total price
• After departure – 100 % of the price
INDIVIDUAL GUIDED TOURS:
If the Travel Contractor, i.e. Traveler cancels a one or half day tour:
• 7 to 4 days before departure – 0% (cancellation free of charge)
• 3 days before departure – 30% of the price
• 2 to 0 days before departure or in case of ”No show” – 100% of the price
• after departure – 100% of the price
7.3. When cancelling a booking reservation Travel Contractor, i.e. Traveler has no right for a refund of costs paid for special services such as tickets, travel insurance, visas, aviation ect.
7.4. If the actual expenses or the fixed portion in the group expenses is higher than those listed in the plan, the Travel Organizer shall charge actual expenses at the maximum 100% of the package tour price.
7.5. If the cancelled journey partly involves air transport or ship transport, the terms of reimbursement are governed by the terms and conditions of the airline company or shipping company.
7.6. Travel Contractor, i.e. Traveler has to confirm cancellation of booking reservation, in written form to: firstname.lastname@example.org. If Travel Contractor, i.e. Traveler does not confirm its verbal cancellation in written form it will be disregarded.
Cancellation fee will be charged according to the date of receipt of the written cancellation or the date of the verbal cancellation if the Traveler confirms it in written form within 48 hours. If the Travel Contractor, i.e. Traveler fails to make written cancellation within 48 hours of the verbal cancellation, the date of cancellation shall be deemed the day Magic Croatia receives the written cancellation and the Traveler shall pay the costs of cancellation fee.
7.7. If the Travel Contractor or the Traveler, at his/her own request terminates the journey that is in progress, he/she is not entitled to the compensation of expenses incurred by premature return to the place of departure.
8. TRAVEL INSURANCE
8.1. The contracted price of the journey does not include travel insurances in case of accident and/or health issues during the journey, lost or damaged baggage insurance, journey cancellation insurance or travel health insurance. When concluding the Contract the Travel Organizer shall offer the Travel Contractor or the Traveler before mentioned insurances.
8.2. Insurance Contract can be contracted with the insurance company offering such insurances or with the Travl Organizer, i.e. Magic Croatia, who acts in lieu of the insurance company.
Magic Croatia recommends insurance policy for travel cancellation either from Magic Croatia or directly from insurance company.
8.3. Insurance premium is calculated upon the value of the travel services and according to the price list of the insurance company with which Magic Croatia has concluded a contract. In such case, Magic Croatia acts as a mediator.
8.4. If a Traveler concludes Insurance contract against the risk of cancelling travel services to one of the insurance companies, the Traveler rights under that insurance policy are claimed by that insurance company and the process of solving the case is the responsibility of the insurance company.
9. CHANGE OF CONTRACT / PACKAGE TOUR
9.1. Travel Organizer, i.e. Magic Croatia reserves the right to fully or partly alter the travel program, if prior to start of the journey, occur majeur force that can not be predicted, avoided or eliminated (war, riots, strikes, terrorist actions, sanitary disorders, elemental disasters, traffic accidents, sudden and unusual traffic stoppages, government intervention, sudden changes in timetables, delays in aircraft and other means of transport, weather disturbances etc.)
9.2. Should the Travel Organizer, i.e. Magic Croatia significantly change the contracted Package Tour (itinerary, accommodation or price, etc.) before the beginning of the journey they are obliged to inform the Travel Contractor in written form without delay. In written notice The Travel Organizer can offer to the Travel Contractor the altered Package Tour or Contract also pointing out the changes and their consequences on the agreed price. The Travel Contractor has to inform the Travel Organizer whether they accept or refuse the changes within 2 (two) working days of receipt of such offer.
If the Travel Contractor, i.e. Traveler refuses the changes, he has right to:
(1) terminate the Contract without liability for any incurred damages and costs that might result for the Travel Organizer, i.e. Magic Croatia
(2) if the Travel Organizer makes such an offer, the Travel Contractor can choose a similar journey, free of additional charges if the price of this journey is up to 20% higher of the contacted fare, or is entitled to reimbursement of the overpayment if the price of the substitute journey is lower.
If the Travel Contractor fails to accept Magic Croatia’s offer, it shall be considered that the offer has been rejected and that contracted journey has been cancelled by the expiration of time specified in the previous article.
9.3. Travel Contractor, i.e. Traveler is not entitled to indemnities if the alterations to the Package Tour are the result of external circumstances that the Travel Organizer couldn’t anticipate, avoid or decline.
9.4. Magic Croatia does not bear any responsibility if certain activities or services depending on weather conditions and natural phenomena can not be realized according to Travelers expectations.
9.5. Should, once the journey has started, the Travel Organizer not be able to provide a larger portion of the contracted services or should they estimate it will be impossible to provide some services, the Travel Organizer, with the Traveler’s consent, can make alterations to the Package Tour at the Travel Organizer’s own expense and if necessary indemnify the Travel Contractor or the Traveler for the difference in price between the contracted and the provided services.
If it is impossible to alter the Package Tour adequately, or the Travel Contractor, i.e. Traveler does not accept the changes due to justified reasons, the Travel Organizer shall, at their own expense, arrange for the Traveler to return to the place of departure or to another place, if the Traveler agrees to it, and to reimburse the amount relevant to the price of the unused portion of the Package Tour.
9.6. The Traveler can make alterations to the Package Tour, or contracted services only upon the prior written consent of the Travel Organizer, on condition that the Traveler pays the difference in price if the change increases the cost of the Package Tour.
10.1. Traveler is obliged to get informed about valid travel regulations, visas, foreign exchange rates, customs and health regulations of the state he/she is visiting. Traveler is obliged to take care personally that his documents and luggage comply to the customs, health and other regulations of the state that he/she travels to. If a Traveler applies for a travel service abroad, he must provide valid passport or other applicable document trough the entire journey.
10.2. Travelers shall acquire valid passports at their own cost and have them during the whole journey. The Travel Contractor, i.e. Traveler shall be exclusively responsible if it becomes impossible to realize the journey because she/he fails to possess a valid passport. This situation is treated as if the Travel Contractor or Traveler cancelled the journey and the item 7 of General Terms shall be applicable.
10.3. Traveler, i.e. Travel Contractor is obliged to provide all requested information about other passengers due to international passenger traffic regulations. That information must be fully adjusted to the information in the official personal documents, which all passengers are required to carry with them. If the due to inaccurate information there will be delay or even disruption of the journey, Traveler will bear all additional costs.
11. DUTIES AND OBLIGATIONS OF THE TRAVELER
11.1. Traveler shall observe the rules of conduct in accommodation facilities (hotels, hostels, apartments, colleges, student residences, private accommodation, etc.) and all means of transport so not to disturb by his/her behavior the scheduled course of Travel Itinerary. If a Traveler’s behavior disrupts the scheduled and unhindered course of the Travel Itinerary the Travel Organizer shall be compensated for the damage and can terminate the journey or exclude Traveler from the journey (without any charges, including ). This will be treated as termination on Traveler’s demand.
12. DUTIES AND OBLIGATIONS OF THE TRAVEL ORGANIZER
12.1. The Travel Organizer shall take care that the services are provided by a service provider selected with utmost care and attend to the Traveler’s rights and interests as is customary in the trade of tourism.
12.2. The Travel Organizer shall provide for the Traveler all the services listed in the Travel Itinerary and shall be responsible for a possible partial or complete failure to provide a service to the Travel Contractor or the Traveler. The Travel Organizer shall provide all contracted services as detailed in the Travel Itinerary, except in case of force majure (war, riots, strikes, terrorist actions, sanitary disorders, elemental disasters, traffic accidents, sudden and unusual traffic stoppages, government intervention, sudden changes in timetables, delays in aircraft and other means of transport, weather disturbances, traffic jam at the border etc).
12.3. Magic Croatia shall not be responsible for possible errors that occur at the publication of Travel Itinerary/ Package tour.
12.4. The Travel Organizer guarantees the quality of service in accordance with the standards of the country where the service is provided. The Travel Organizer waives any responsibility in case of alterations or failure to provide services caused by force majure or due to delays in traffic that are not the Travel Organizers responsibility according to positive regulations and international conventions.The Travel Organizer will warn the Travel Contractor or the Traveler about the level of standard in the destination country (different to standards that the traveler is used to in his residence) and of the possibility of variation from the Travel Itinerary due to local customs and regulations.
13.1. If the Travel Contractor or the Traveler wishes to make a complaint related to the failure to provide or partially provided service that is part of the Package Tour, the complaint shall be immediately made to the person responsible for providing the service as planned, and to the Travel Organizer within 8 days of the end of the journey. The Travel Organizer shall give a written response to the complaint within 15 days of receipt, and is entitled to ask for a prolongation for another 15 days in order to gather information and verify the complaint content with the service provider before solving the complaint. The Travel Organizer will deal only with complaints whose cause couldn’t be eliminated on the spot.
Complaint made after the expiration of the above deadline, Magic Croatia is not required to take into consideration.
13.2. Traveler shall cooperate with the Travel Organizer and immediate service provider to eliminate the cause for complaint by submitting a complaint to the immediate service provider: hotel reception, restaurant stuff, bus driver, guide…If the traveler does not accept on-the-spot solution that is equal in type and quality to the contracted service, the Travel Organizer, i.e. Magic Croatia shall not accept the traveler’s subsequent complaint and shall not respond.
If the service provided after the complaint still isn’t provided in the contracted way, the Traveler shall ask for a written notice from the service provider and enclose it to the written complaint submitted at the latest eight days after the return from the journey; otherwise the Organizer will disregard it. Complaints submitted upon return without enclosed notice shall be considered unsubstantiated.
In case that complaint could be resolved at the spot (for example, unsatisfactory room cleanliness, equipment, room position etc.) but the traveler did not complain on the spot and did not inform any irregularities to service provider and used the same service as it is, it is considered that the passenger agrees with the provided service, thereby losing the right to claim complaints with a request for price reduction or compensation.
13.3. If Magic Croatia is not Travel Organizer, then it solely transmits information or complaint settlement between the Traveler and Travel Organizer, therefore Travel Organizer or services provider is liable for all provided services.
13.4. If Magic Croatia is liable for the damage caused to Traveler, the highest compensation can amount to the price of the reclaimed part of the service, cannot involve already used services, or the entire package cost.
13.5.Until the Travel Contractor or the Traveler receives the Travel Organizer’s decision, he waives the right to start any procedure related to the complaint or to publish the information in the media.
13.6. The highest compensation can amount to the price of the reclaimed part of the service, cannot involve already used services, or the entire package cost. This excludes the Travel Contractor’s or Traveler’s right to compensation for non-pecuniary damages.
14. INSURANCE IN CASE OF INSOLVENCY OR BANKRUPTCY (GUARANTEE)
Magic Croatia entered into an insurance contract with the insurance company Euroherc d.d. in the case of payment default or bankruptcy.
15. LIABILITY INSURANCE
In accordance with the Act on the Provision of Tourism Services, Magic Croatia has signed a liability insurance contract with the insurance company for the damage caused to the Travel Contractor or Traveler by failure to meet obligations or by partially or inconsistently meeting the obligations that are part of the Package Tour. The liability insurance policy was concluded with Euroherc d.d. insurance company.
16. CATEGORIZATION AND SERVICE DETAILS
The offered accommodation and transit capacities are described according to the official categorization of the country in which the Traveler is travelling, valid at the moment the itinerary is issued. All services on offer for accommodation facilities and means of transport (hotels, apartments, trains, etc.) are controlled by the local tourist offices which results in different and incomparable standards of accommodation and services. The Travel Organizer is not liable for information that may differ from descriptions of services and facilities as published in Travel Itineraries that the Travel Contractor or the Traveler obtains from third parties.
17. PRIVACY STATEMENT
Travelers’ personal information is used in order to realize the contracted journey, which includes forwarding personal information to third parties in the country and abroad, and to insurance companies if the Travel Contractor or Traveler contracts insurance policies through the Travel Organizer, as well as for further communication. The Travel Organizer is bound to use the acquired information only to realize the required service and not to present, give or sell the information to third parties.
18. FINAL TERMS
18.1. Competent authority whose official supervision is subject to the activities of tourist agencies and provision of services in tourism: Ministry of Tourism – Independent Sector of Tourism Inspection, Zadar Unit.
18.2. The Parties shall attempt to resolve all issues resulting from this Contract in a peaceful way, otherwise they will agree on the jurisdiction of a competent Court in Zadar and the application of relevant laws in the Republic of Croatia.
18.3.The General Terms are published on https://magic-croatia.hr/en/terms-and-conditions/ and become effective on 15th February 2015.
Magic Croatia Travel Agency | email@example.com | MB: 110050084 | OIB: 49496463544 | ID CODE: HR-AB-23-110050084