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General business terms and conditions

1. INTRODUCTORY PROVISIONS

1.1. EURES–TIM uslužni obrt i turistička agencija, vl. Martina Tretinjak Dananić, Koturaška 69 / III, 10 000 Zagreb (hereinafter: EURES-TIM) is a travel agency that conducts its business by organizing events on behalf of and for the account of the clients – business partners, whereby the organization of these events implies the organization and provision of one or more tourist services and/or tourist package arrangements.

1.2. EURES–TIM provides tourist services and/or tourist package arrangements referred to in Article 1.1. hereof in one of the following two manners:
EURES–TIM, acting at the order of a business partner – client (hereinafter: Client) organizes events for employees and/or clients of the Client or any other persons who would be the end users of tourist services, and with which end users of tourist services EURES-TIM is not in direct contact during negotiations and the conclusion of the contract for the provision of tourist services; or

During negotiations and the conclusion of the contract for the provision of tourist services, EURES–TIM is in direct contact with the traveler – the end user of tourist services (hereinafter: Traveler).

1.3. These general terms and conditions form an integral part of the offer that EURES–TIM submits to the Client or the Traveler, as the case may be. If a contract is concluded between EURES-TIM on one hand and the Client on the other hand, EURES-TIM undertakes to inform the Client of these general terms and conditions and make them available to it, and the Client undertakes to inform the travelers in whose name and for whose account the Client concludes a contract with EURES-TIM of these general terms and conditions and make them available to them.

1.4. The Client or the Traveler shall be every person that has accepted the offer of EURES-TIM in accordance with Article 2 of these general terms and conditions.

2. OFFER, ACCEPPTANCE OF THE OFFER AND CONCLUSION OF A CONTRACT

2.1. The trip program/ tourist service that EUREM-TIM submits to the Client or the Traveler constitutes the offer for the conclusion of a contract. By accepting the offer, the Client or the Traveler concludes a contract for the provision of tourist services with EURES-TIM. Irrespective of this, EURES-TIM may conclude the contract for the provision of tourist services with the Client or Traveler subsequently, i.e. after the acceptance of the offer. The conclusion of a subsequent contract for the provision of tourist services shall not change the moment of the conclusion of the contract between EURES-TIM and the Client or the Traveler, but shall further regulate the rights and obligations between the above Contracting Parties.

3. PAYMENT

3.1. In the offer for the conclusion of each individual contract for the provision of tourist services, EURES-TIM shall state the total amount of the price and the dynamics of the payment, including the amounts to be paid to EURES-TIM prior to the realization of the trip/ tourist service, and the deadlines within which these amounts are to be paid.

3.2. The day on which EURES-TIM receives payment from either the Client or the Traveler, as the case may be, to its transaction account, shall be deemed to be the day of payment. If the Client or the Traveler fails to make payment of any amount specified in the contract for the provision of tourist services or in the accepted offer of EURES-TIM, these circumstances shall constitute justified grounds for the termination of the contract for the provision of tourist services by EURES-TIM pursuant to Article 7.2. of these general terms and conditions.

3.3. EURES-TIM may indicate in the program that the Traveler or the Client shall pay for certain services, that will be provided on site, directly to the provider of the service (”on-site payment”). In that case, EURES-TIM shall not act as a tourist service provider nor as an intermediary, but only as an informer. In this case, the Traveler or the Client shall exercise all claims, as well as all other rights, solely with the provider of the on-site service or in accordance with the general terms and conditions of that provider.

4. PRICES

4.1. The trip prices shall be determined by the trip program that represents the offer in accordance with Article II of these general terms and conditions.

4.2. The services included in the trip program shall be included in the price, except for those services for which “on-site payment” is indicated. In addition to the trip program, EURES-TIM may provide the Client or the Traveler with a list of special services which are normally not included in the price of the trip, nor can during the normal course of the trip be paid on site (e.g. single room, special diet, other amenities on request) . The Client or the Traveler shall pay such special services in accordance with the prices and deadlines specified in the list provided with the offer for the conclusion of the contract for the provision of tourist services.

4.3. In the offer for the conclusion of each individual contract for the provision of tourist services, EURES-TIM shall include standard booking costs and the costs of the drafting of the offer in the amount of up to EUR 25,00 for the booking depending on the complexity, deadlines and terms to be fulfilled for every individual tourist arrangement. In the event that the Client or the Traveler does not accept the offer, they shall not be entitled to the reimbursement of the registration fees.

4.4. EURES-TIM may change the price, including the price for special services, even after the acceptance of the offer or after the conclusion of the contract for the provision of tourist services, due to major changes in the exchange rate or changes in the tariffs of carriers affecting the cost of the trip. In the event of such a change of price, EURES-TIM shall notify the Client or the Traveler at least 21 days prior to the realization of the relevant tourist service, and shall issue an additional invoice with the amount and due date of the payment.

4.5. The change in the price due to the exchange rate difference shall be calculated as the difference in the value of that part of the costs that have been expressed/ calculated in the foreign currency, calculated at the exchange rate (1) of the foreign currency on the day of trip preparation (planned price per offer) and (2) on the day of the preparation of the notice on the price change, all in accordance with the CNB’s average exchange rate.

4.6. If the increase of the agreed price exceeds ten percent of the price of the initially contracted total tourist service, the Client or the Traveler may terminate the contract without compensation of the damages. In that case, EURES-TIM shall return to the Client or the Traveler the up to then paid amount referred to in Article 4.2. of these general terms and conditions, whereby the Client or the Traveler shall not be entitled to a refund of the booking costs in accordance with Article 4.3. of these general terms and conditions.

5. INSURANCE

5.1. Upon acceptance of the offer, EURES-TIM shall offer to the Client or the Traveler the option of travel insurance, which may consist of the following: voluntary health insurance during their stay abroad, accident consequences insurance, luggage loss and damage insurance, trip cancellation insurance and insurance against liability towards third parties.

5.2. The organizer has concluded the following insurance policies with the insurance company Allianz Zagreb d.d.:
– Insurance policy no. 1500 – 173195029 referring to insurance against damages liability of the Organizer
– Insurance policy no. 1500 – 173035381 referring to the guarantee for the reimbursement of any compensation in case of bankruptcy or the inability of the Organizer to pay

6. AMENDMENT OF THE CONTRACT OR CANCELLATION OF THE TRIP BY THE CLIENT OR THE TRAVELER

6.1. The Client or the Traveler shall have the right to request an amendment of the contract (e.g. change of name, additional service, change of accommodation, etc.) after its conclusion, and EURES-TIM shall be obliged to check whether it is possible to comply with such a request. In the event of an amendment of the contract at the request of the Client or the Traveler of EURES-TIM, which would result in additional costs, EURES-TIM shall be entitled to compensation for those costs.

6.2. In the event that the Client or the Traveler cancels the trip / the provision of the tourist service, EURES-TIM shall be entitled to the compensation of the costs due to the cancellation of the trip / tourist service. The amount of the compensation for cancellation costs shall depend on the time frame within which the Client or the Traveler has canceled or otherwise called off the trip/ the provision of the tourist service.
Unless otherwise specified in the program, the following cancellation conditions shall apply:
Cancellation from the 60th to the 45th day before the realization of the tourist service, 15 % of the arrangement price
Cancellation from the 44th to the 30th day before the realization of the tourist service, 30 % of the arrangement price
Cancellation from the 29th to the 22nd day before the realization of the tourist service, 50 % of the arrangement price
Cancellation from the 21st to the 15th day before the realization of the tourist service, 80 % of the arrangement price
Cancellation later than the 15th day before the realization of the tourist service, 100 % of the arrangement price
Cancellation on the first day of the realization of the tourist service or later/ non-participation without cancellation (no show) shall correspond to 100% of the price of the trip / tourist service.

6.3. If the Client or the Traveler cancels the trip / the provision of tourist services before accepting the offer, EURES-TIM may request a compensation of the booking costs in accordance with Article 4 of these general terms and conditions.

6.4. The cancellation of a tourist service prior to its realization shall be performed by the Client or the Traveler terminating the corresponding contract for the provision of the tourist service in writing. The contract for the provision of tourist services shall be deemed to be terminated on the day on which EURES-TIM receives notification of termination pursuant to Article 14 of these general terms and conditions.

6.5. During the trip, the Client or the Traveler may terminate the trip / the provision of tourist service at his/her own request, and in which case he/she shall not be entitled to the refund of the paid price in any amount, i.e. he/she shall not be entitled to compensation of any other costs.

6.6. The amount of the cost of trip cancellation in the case when EURES-TIM is not the organizer, but the informer or intermediary in the organization and provision of tourist service, shall be determined by general terms and conditions or other legal document of the organizer.

7. CHANGE OF PROGRAM OR CANCELLATION / TERMINATION OF THE CONTRACT BY EURES-TIM

7.1. EURES-TIM shall reserve the right to cancel the trip or tourist service at the latest 7 days prior to the scheduled departure or the realization of the tourist service, provided that any of the conditions defined in the program or the contract for the provision of tourist services are fulfilled.
EURES-TIM shall reserve the right to cancel the trip or the tourist service in part or in whole, as well as the right to complete or partial modification of the program if, prior to the performance or during the realization of the trip or tourist service, circumstances that constitute a force majeure arise. The Client or the Traveler shall not be entitled to the refund of the paid price in any amount, i.e. shall not be entitled to compensation for any costs in the event of a modification of the program or termination of the trip or tourist service in the case of a force majeure. In the case of termination of the contract by EURES-TIM for any other reason, the Client or the Traveler shall be entitled to a full refund of the paid price of the arrangement, but shall not be entitled to the refund of the booking costs referred to in Article 4.3. of these general terms and conditions, nor the right to any other ancillary costs he/she had, that are related to the acceptance of the offer (e.g. travel document costs, vaccination costs, etc.).

7.2. EURES-TIM shall have the right to terminate the contract for the provision of tourist services during the realization of the tourist service in the event that the Client’s or the Travelers’ personal documents and luggage do not meet the conditions prescribed by border, customs, sanitary, monetary and other regulations, or if the Client or the Traveler is obviously under the influence of alcohol, drugs or other similar substances, or if they behave inappropriately towards other travelers, and the group requests their exclusion. In these cases, the Client or the Traveler shall not be entitled to a refund of the paid price in any amount, and EURES-TIM shall be entitled to compensation for any damage caused by the Client or the Traveler by said conduct.
EURES-TIM may terminate the contract for the provision of tourist services for any other reason specified in these general terms and conditions as a reason for the termination of the contract by EURES-TIM, as well as for any other reason deemed to be grounded on the relevant provisions of applicable law.

7.3. EURES-TIM shall notify the Client or the Traveler of any change of the program without delay. EURES-TIM shall not be responsible for changing the day and the time of departure, or for the cancellation of the trip / tourist service due to changes in the airline timetable or force majeure, nor for the change of the direction of the trip if the conditions of the trip change (new timetable, unsafe state in the country where the program is organized, natural disasters and other unforeseeable causes that EURES-TIM cannot influence). EURES-TIM shall not be responsible for any damage that may be caused due to delay, cancellation or change of transport or means of transport. EURES-TIM shall not be responsible for changes to the program due to the occurrence of any force majeure during the trip. In such cases, EURES-TIM may provide services in a modified form with respect to existing possibilities and/or other facility of the same or higher category.
In the event of termination of the contract for the provision of tourist services by the Client or the Traveler due to the reasons defined in this Article 7.3, the provisions of Article 6.2 and 6.3. of these general terms and conditions shall appropriately apply.

8. TRAVEL DOCUMENTS

8.1. The Traveler must have an appropriate travel document with which he/she can enter a particular country. The Traveler shall be obliged to pay attention to all the provisions concerning the validity of a travel document. A travel document shall be deemed to be valid if it is valid on the last day of the trip / the provision of the tourist service.

8.2. EURES-TIM shall not be responsible for any possible inconvenience or forcible termination of the trip / tourist service due to any circumstances related to travel documents. In the event that EURES-TIM does not terminate the contract for the provision of tourist services in accordance with Article 7 of these general terms and conditions due to the above circumstances, Articles 6.2 and 6.3. shall apply accordingly, but this shall not exclude the liability of the Client or the Traveler for any damages incurred in this manner.

9. NOTIFICATIONS BEFORE THE TRIP/ THE PROVISION OF TOURIST SERVICE

9.1. EURES-TIM shall be obliged to send to the Client or the Traveler a final notification about the program and the details related to the trip / the provision of tourist service at the latest 5 days before the trip / the provision of tourist service. The damage that would be incurred in the event of the Client or the Traveler providing an incomplete or incorrect address for the purpose of fulfilling the contract for the provision of tourist services, shall be borne by the Client or the Traveler.

10. HEALTH REGULATIONS

10.1. The Traveler shall be obliged to get all the vaccinations required for the country to which he/she travels. In the event that the trip program specifies or requires certain vaccinations, each traveler must by himself/herself obtain an international certificate stating the vaccinations he/she had gotten.

10.2. EURES-TIM shall not be responsible for possible complications or the Traveler’s termination of the trip due to his/her non-compliance with the health regulations of the country he/she enters, nor for the costs incurred in connection with this. In the event that EURES-TIM does not terminate the contract for the provision of tourist services in accordance with Article 7 of these general terms and conditions due to the above circumstances, Articles 6.2 and 6.3. shall apply accordingly, but this shall not exclude the liability of the Client or the Traveler for any damages incurred in this manner.

11. LUGGAGE

11.1. EURES-TIM shall not be liable for the transportation, theft or damage of the Traveler’s luggage or other personal belongings, valuables and documents from accommodation facilities (hotel rooms, apartments, etc.) and means of transport (airplanes, buses, boats, etc.). The Traveler or the Client shall address the report on the lost or damaged luggage to the carrier, police or the hotel by himself/herself. The Client or the Traveler must announce the transportation of special luggage (such as a bicycle, surf board, golf equipment, musical instruments and the like) in advance and pay at the moment of the acceptance of the offer to the carrier a fee in accordance with the rules of the carrier, if the trip program does not specify otherwise. Any costs or damages that might result from this shall be borne only by the Traveler.

11.2. During air transport, the Traveler shall be entitled to free transport of luggage of a certain weight (according to the general terms and conditions of each carrier), and each additional kilogram shall be paid by the Traveler on the spot in the appropriate currency, or according to the general terms and conditions of the air carrier.

12. COMPLAINTS, MANNERS OF DEALING WITH COMPLAINTS

12.1. The Client or the Traveler shall be obliged to inform the representative of EURES-TIM of irregularities when they arise. In the event that the complaint can be resolved on the spot (e.g. inadequately clean room, equipment, room position etc.), and the Client or the Traveler has failed to report the errors or irregularities, it shall be deemed that he/she had agreed with such a service and he/she shall thereby lose the right to subsequent complaints.

12.2. The Client or the Traveler may file a complaint in writing within two months from the date on which the service was not provided or on which the service was provided incompletely / incorrectly. The Client or the Traveler shall be obliged to attach to the complaint adequate evidence on the basis of which they may realize the request from the complaint.
EURES-TIM shall be obliged to respond in writing to a complaint within 15 days from the day EURES-TIM receives the complaint in accordance with Article 14 of these general terms and conditions.

13. PERSONAL DATA PROTECTION

The user of EURES-TIM services voluntarily provides personal data. The personal data of services users are needed in the process of realizing the requested service and shall be used for further mutual communication (e.g. letter of intent, payment instructions, service realization notice).
EURES-TIM undertakes not to carry the user’s personal data out of the country nor to provide them to third parties, other than the partners participating in the realization of the contracted service (e.g. accommodation, airline, carrier).
The personal data of users shall be kept in a database, in accordance with the decision of the EURES-TIM management on the method of collecting, processing and keeping personal data.

14. INFORMATION ON PERSONAL DATA PROCESSING

14.1. EURES-TIM shall collect and process the personal data collected for the purpose of realization of a program or the contract for the provision of tourist services in accordance with the European Union regulation or in accordance with the provisions of national legislation applicable at the time of concluding or executing the contract for the provision of tourist services.

14. 2. PERSONAL DATA USE

Collected personal data shall be kept in an electronic form, and all appropriate technical and organizational measures shall be applied to prevent personal data violations. EURES-TIM shall use the received e-mails with your personal data only for the purpose of fulfilling your requests.

14.3. BOOKING

When booking accommodation, trip or other services, EURES-TIM will need the personal data of the booking holder who must be of age (e.g. name, address, contact telephone number, etc.) and the data of other users of the service (e.g. name, date of birth). Only the data necessary for the realization of the service shall be available exclusively to partners in the realization [accommodation, transportation, insurance and trip escorts].
Payment details (e.g. bank card number, expiration date) shall be specifically protected and shall only be available to banks or card companies for payment authorization.

14.4. COOKIES

Cookies enable EURES-TIM to collect statistical data on the behavior of users at www.eures-tim.com (e.g. which parts of the website the users visit the longest, and which the shortest), which Internet browser (e.g. Internet Explorer, Opera, Safari, Google Chrome, Firefox) is used and the like.
Cookies are a small set of data sent from the server www.eures-tim.com to the user’s computer, and serve as an anonymous identifier. Cookies are also used to facilitate navigation on the website. Cookies are not used to access user data or to track user activity after leaving www.eures-tim.com
EURES-TIM reserves the right to use cookies at www.eures-tim.com, but each user can prohibit the receipt of cookies by editing/changing the settings in their Internet browser.

14.5. SECURITY

EURES-TIM takes all security measures to protect the user’s data during data entry, transfer, data processing, and storage. Access to data is limited and available only to those employees who require them to perform their work.
The Client or the Traveler may exercise their rights in relation to the protection of personal data by contacting the personal data protection officer of EURES-TIM, as follows:

Contact person: Marija Ugarković
E-mail: marija@eures-tim.com
Telepfone number: 01/6170-728

14.6. NOTICES ON CHANGES

In the event of any changes to the rules on privacy, a notice of it shall be published on the homepage of the website with the aim of informing users.

15. NOTICES

15.1. For the purpose of exercising all rights and performing all obligations under the contract for the provision of tourist services, the Client or the Traveler may contact EURES-TIM in accordance with the following contact information.

Ms. Martina Tretinjak Dananić
Address: Koturaška 69 / III, 10 000 Zagreb
E-mail: martina@eures-tim.com
Phone: 01/6170-728
It shall be deemed that EURES–TIM has received any notice and/or communication on the date it receives it in accordance with the data stated in this Article 14.1. of the general terms and conditions.

16. APPLICABLE LAW, JURISDICTION

16.1. Croatian law shall apply to the offers and the contracts for the provision of tourist services, with the exclusion of the application of collision rules that would refer to the application of any other substantive law.

16.2. In the event of any dispute arising from the offer and/or contract for the provision of tourist services concluded with the Client or the Traveler (as the case may be), or which would be related to such offer and/or contract for the provision of tourist services, such dispute shall be resolved before the official supervisory body: Ministry of Tourism – Independent Sector of Tourism Inspection, Trg Republike Hrvatske 8 / 1, 10 000 Zagreb

17. FINAL PROVISIONS

17.1. In the event that a particular provision of the program and/or the contract for the provision of tourist services is regulated differently than stated in these general terms and conditions, the provisions stated in the program and/or the contract for the provision of tourist services shall apply.

17.2. These general terms and conditions shall come into force on the day of their adoption and publication on the EURES-TIM website.
Zagreb, 2 May 2018