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These General Terms and Conditions are an integral part of the Travel Package Contract (“Contract”) concluded between the Agency as the tour operator on one side and the Contracting Party on the other. These General Terms apply only to package tours where the Agency is the organizer and do not apply if the Agency intermediates and/or sells the services of other travel agencies and organizers offering their combined services. In such cases, the Contract will specify the responsible tour operator, and the general terms of that operator will apply, which the Agency will make available to the Contracting Party. The provisions of the Contract are supplemented by the Travel Program, written notes, and special warnings that the Agency, as the tour organizer, is obliged to notify the Contracting Party in writing.
In addition to terms defined elsewhere in the Contract and these General Terms, capitalized terms in the General Terms have the following meanings:
| ‘Agency’ | Adriapass Ltd. for services, a travel agency, with its registered office at: Mate Balote 57a, 51500 Krk, registered in the court register of the Commercial Court in Rijeka on 16 April 2024, MBS: 040468458, OIB: 61662670247. |
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| ‘GDPR’ | General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016). |
| ‘Ministry’ | Ministry of Tourism and Sports of the Republic of Croatia. |
| ‘General Terms’ | General terms and conditions of sale of the Agency’s package tours. |
| ‘Travel Programme’ | Document that forms an integral part of the Contract according to Article 29 of the Act on the Provision of Tourism Services (Official Gazette Nos. 130/2017, 25/2019, 98/2019), with all its subsequent amendments and supplements. |
| ‘Traveller’ | Any person who has concluded a Travel Contract with the Agency. |
| ‘Contracting Party’ | Any natural or legal person who has concluded a valid Contract with the Agency in their own name or on behalf of other natural persons. |
| ‘ZPUT’ | Act on the Provision of Tourism Services (Official Gazette Nos. 130/2017, 25/2019, 98/2019, 42/2020, 70/2021), with all its subsequent amendments and supplements. |
Definitions contained in these General Terms apply to both the singular and plural forms of these terms. All terms defined in these General Terms have their defined meanings when used in any confirmation or other document prepared or submitted according to the Contract, unless otherwise defined therein. Terms used in these General Terms, which are gender-specific, refer equally to both male and female genders. Whenever the words “include,” “includes,” or “including” are used in these General Terms, it is understood to be followed by the words “without limitation.” Section headings in the Contract and these General Terms are provided for convenience only and do not affect the interpretation of the Contract and these General Terms. Any reference to the “Contract” refers to the Contract as a whole, not to any specific provision of the Contract. Legal terms used in these General Terms will be interpreted following Croatian law, not according to the understanding of those legal terms in any other country or jurisdiction. Terms used in these General Terms have the meanings established by the Act on the Provision of Tourism Services (ZPUT), unless explicitly stated otherwise in these General Terms.
The Contracting Party and Traveller voluntarily provide their personal data to the Agency. The personal data of the Contracting Party and Traveller are required by the Agency to fulfil the agreed package tour and will be used for further communication, contracting, and execution of services included in the package tour. The Agency will process, use, and store the personal data of the Contracting Party and Traveller following applicable regulations, including the GDPR, and will not transfer them abroad or to third parties, except to suppliers and collaborators involved in the realization of the agreed package tour. The personal data of the Contracting Party and Traveller will be stored in a database, according to the Agency’s decision on the method of collecting, processing, and storing personal data.
Provided that the Contracting Party/Traveller has given their consent, the Agency may use the personal data of the Contracting Party/Traveller in its promotional activities. The Contracting Party and each Traveller may withdraw consent for the use of personal data for marketing purposes at any time by sending an email request to the Agency at info@adriapass.eu. The Agency’s privacy policy is available on the Agency’s website: www.adriapass.eu. By concluding the Contract, the Contracting Party confirms that they have read the privacy policy, informed all Travellers of it, and that the Contracting Party and Travellers fully understand and accept the stated rules.
The Contracting Party can submit a query and reservation request for a package tour to the Agency in person at the Agency’s office, by phone, by email, or through the Agency’s website. The reservation is considered confirmed after the Contracting Party or Traveller pays the deposit as specified in the Contract. The Contracting Party will make the deposit payment based on the written Contract proposal or Offer provided by the Agency, which will also include the payment deadline. The Contract becomes effective on the date the Agency receives the full deposit amount specified in the Contract. The paid deposit will be credited towards the package tour price. If the Contracting Party fails to pay the deposit within the specified deadline in the Contract proposal, it will be considered that the Contracting Party has cancelled the reservation request and has not accepted the Contract proposal, which will become invalid after the deadline.
The remaining balance of the package tour price must be paid by the Contracting Party to the Agency within the deadline specified in the Contract. If the remaining balance is not paid within the agreed deadline, it will be considered that the Contracting Party has cancelled the Contract and must pay the Agency the agreed cancellation fee.
Before the start of the package tour, the Contracting Party may transfer the Contract to another Traveller who meets all the conditions applicable to that Contract by notifying the Agency in writing at least 7 days before the start of the package tour. The Contracting Party and the Traveller to whom the Contract is transferred are jointly liable to the Agency for the payment of the tour price and any additional fees, charges, or other costs arising from the transfer, which the Agency will inform them of and provide proof of their occurrence.
The Contracting Party can make payments to the Agency exclusively online (bank transfer or credit card). The Agency may grant the Contracting Party a discount for a specific payment method, which will be communicated to the Contracting Party before initiating the payment, or the discount will be indicated in the Offer. In the case of payment by bank transfer to the Agency’s business account, bank transaction fees are paid by the Contracting Party or another Traveller making the payment. All agreed amounts are stated in the national payment currency – Euro (€).
The price of the package tour is determined by the Travel Program and stated in the Contract, including services listed in the Travel Program. By concluding the Contract, the Contracting Party acknowledges that the package tour price for other Contracting Parties may vary due to special promotions and offers by the Agency aimed at enhancing package tour sales and filling vacancies (e.g., “First Minute,” “Last Minute” offers).
The prices listed in the Travel Program are based on prices agreed between the Agency and its suppliers/service providers and may not match the prices at the destination. The Contracting Party acknowledges and understands that the hotels, apartments, or other accommodation facilities offered in the Travel Program are described according to the official categorization of the respective country, which may vary in different countries, leading to different accommodation and service standards.
All applicable discounts are explicitly stated in the Contract. The Agency does not provide refunds to the Contracting Party or Travellers for any service included in the agreed package tour price that the Contracting Party/Traveller has not used by their own choice, negligence, etc.
If the Contract grants the Agency the right to unilaterally increase the package tour price after the Contract has been concluded, the Agency may unilaterally increase the agreed price no later than 30 days before the start of the package tour in any of the following cases:
In the case of such a unilateral price increase, the Agency will increase the price by the full amount of the change in the relevant parameter from points a), b), and/or c) above, and will notify the Contracting Party in writing with an explanation and calculation. The Contracting Party and Travellers accept such a unilateral price increase if it amounts to up to (and including) 8% of the agreed total package tour price. If the increase exceeds 8% of the agreed total package tour price, the Contracting Party has the right to cancel the trip or terminate the Contract without paying the termination fee. If the Contracting Party does not submit a written notice of Contract termination to the Agency within 3 days of the Agency’s written notice of the price change, it will be considered that the Contracting Party agrees to the price change.
If the Contract grants the Agency the right to unilaterally increase the package tour price after the Contract has been concluded according to the above provisions of these General Terms, the Contracting Party has the right to a corresponding price reduction that matches the decrease in the relevant parameters from points a), b), and/or c). In the case of such a unilateral price reduction by the Contracting Party, the Agency has the right to deduct the actual administrative costs from the refund amount owed to the Contracting Party and will provide evidence of these administrative costs at the Contracting Party’s request.
After concluding the Contract but before the start of the package tour, the Contracting Party may cancel the trip or unilaterally terminate the Contract by delivering a written notice of termination to the Agency. In such cases, the Agency will charge the Contracting Party the following standard termination fee, which is determined based on the date the Agency received the written notice of termination from the Contracting Party, as follows:
At the Contracting Party’s request, the Agency will provide an explanation of the termination fee amount. The Agency has the right to charge the Contracting Party the termination fee regardless of the reason for the Contracting Party’s termination, except in cases where the Contracting Party is entitled to terminate the Contract due to the Agency’s breach of the Contract. Exceptionally, if the Contracting Party terminates the Contract due to extraordinary circumstances that could not have been avoided and which significantly affect the fulfilment of the package tour or the transport of the Travellers to the destination, the Contracting Party is not obliged to pay the above termination fee and is entitled to a refund of all payments made to the Agency for the price, but not to any compensation for damages.
If the Contracting Party has arranged travel cancellation insurance directly or through the Agency with an insurance company, the Contracting Party is entitled to a refund from the insurance company according to the terms of the insurance policy. All terms and refund periods for the refund of paid amounts are directly agreed between the insurance company and the Contracting Party, and the Agency bears no responsibility for any non-recognition or complaint by the insurance company regarding the Contracting Party’s request for payment under the insurance policy, even if the insurance was arranged by the Contracting Party through the Agency as an intermediary.
The Agency may terminate the Contract and refund all payments received for the package tour to the Contracting Party/Travellers in full without obligation for compensation or any other payments to the Contracting Party or any of the Travellers in the following cases:
After concluding the Contract but before the start of the package tour, the Agency may unilaterally change the terms of the Contract by delivering written notice to the Contracting Party, provided that such change is insignificant, i.e., does not significantly alter any of the main characteristics of the travel services, does not reduce the level of quality or value of the package tour, and does not cause significant inconvenience or additional costs for the Traveller.
If, after concluding the Contract but before the start of the package tour, the Agency is forced to significantly change any of the main characteristics of the travel services or cannot fulfil the agreed special requests of the Traveller specified in the Contract, it is obliged to inform the Contracting Party of this without delay in writing. The notice will include a description of the proposed changes to the Contract and any alternative package tours the Agency can offer to the Contracting Party. Unless otherwise stated in such written notice, if the Contracting Party does not inform the Agency in writing within 3 days of receiving the notice that they accept the amended Contract or the offered alternative package tour, the Contract will be considered terminated, and the Agency will refund the Contracting Party/Travellers the amount paid so far, and the Contracting Party is entitled to appropriate compensation for damages unless the Agency proves that the proposed changes were due to reasons beyond its control. If the changes to the Contract result in a package tour of lower quality or price, the Contracting Party is entitled to an appropriate price reduction.
If a significant part of the travel services cannot be provided as agreed in the Contract, the Agency will offer the Contracting Party suitable alternative arrangements to continue the package tour, preferably of equal or higher quality than those specified in the Contract, at no additional cost to the Contracting Party and Travellers, including when Travellers are not provided with a return to the place of departure as agreed.
If the Agency proposes an alternative travel arrangement resulting in a package tour of lower quality than stated in the Contract, the Agency is obliged to grant the Contracting Party an appropriate price reduction. The Contracting Party may reject the proposed alternative travel arrangements only if they are not comparable to what was agreed in the Contract or if the granted price reduction is inappropriate.
If the non-conformity significantly affects the performance of the package tour and if the Agency has not corrected the non-conformity within a reasonable period specified by the Contracting Party, the Contracting Party may terminate the Contract without paying a termination fee and claim, if necessary, a price reduction and/or compensation in accordance with the provisions of these General Terms governing the right to a price reduction and compensation for damages.
If it is not possible to provide alternative arrangements or if the Contracting Party rejects the proposed alternative arrangements in accordance with the provisions of these General Terms, the Contracting Party is entitled, if necessary, to a price reduction and/or compensation for damages in accordance with the provisions of these General Terms governing the right to a price reduction and compensation for damages, without terminating the Contract.
If the package tour includes passenger transport, the Agency will ensure, in the cases described in the previous two paragraphs of these General Terms, the repatriation of Travellers with equivalent transport without unnecessary delay and at no additional cost to the Traveller. Additional costs are borne by the Agency.
When it is not possible to ensure the return of Travellers in accordance with the Contract due to extraordinary circumstances that could not have been avoided, the Agency will bear the costs of necessary accommodation for up to three nights per Traveller, if possible, in an accommodation category equivalent to that specified in the Contract. If European Union legislation on passenger rights applicable to relevant return transport provides for longer periods, those periods apply.
The cost limitation from the previous paragraph of these General Terms does not apply to persons with reduced mobility, as defined by Article 2(a) of Regulation (EC) No 1107/2006 of the European Parliament and the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air (OJ L 204, 26.7.2006), and to any person accompanying them, to pregnant women, unaccompanied minors, and persons requiring special medical assistance, provided that the Agency has been notified of their special needs at least 48 hours before the start of the package tour. The Agency cannot invoke extraordinary circumstances that could not have been avoided to limit its liability in accordance with the provisions of this paragraph of the General Terms if the transport service provider cannot invoke such circumstances in accordance with applicable European Union legislation.
The Agency, as the tour operator, is responsible for executing the package tour as a whole, i.e., for performing all services included in the package tour price. Unless explicitly stated otherwise in the Travel Program, the Agency will provide the agreed services in Croatian.
The Agency will provide appropriate assistance to Travellers in difficulty without unnecessary delay, particularly by providing relevant information on health services, local authorities, and consular assistance and by helping the Traveller establish remote communication and find alternative travel arrangements. If the Traveller caused such difficulty intentionally or through negligence, the Agency may charge for the provided assistance to the extent of its actual costs.
If any of the Travellers is a minor travelling without a parent or other authorized person within a package tour that includes accommodation, direct contact with the minor or the person responsible for the minor at the place of the minor’s stay can be established through the Agency’s Contact Point specified in the Contract.
The Agency is obliged to keep confidential all information it learns about the Contracting Party and Traveller and, except in legally prescribed cases and when necessary for the execution of the Contract, not disclose their address, place, and time of travel, stay, paid price, or names of their companions without their consent.
The Agency excludes all liability if it proves the existence of any of the reasons beyond its control. For any damage for which the Agency may be liable, except for damages resulting from bodily injury or damages caused by the Agency intentionally or through negligence, the maximum amount of damage is limited to three times the total package tour price. If international conventions binding on the European Union or legal regulations based on them limit the extent of compensation that the travel service provider included in the package tour must pay or limit the conditions under which it must compensate for such damage, the same assumptions, limitations, and exclusions apply to the Agency, which may invoke them concerning the Contracting Party and Traveller. Compensation or price reduction to which the Contracting Party is entitled under these General Terms, the ZPUT, and applicable international conventions and regulations offset each other.
The Contracting Party explicitly confirms to the Agency: (i) that it has informed all Travellers listed in the reservation of the Contract (including the Travel Program and these General Terms, which are an integral part of the Contract), (ii) that it is authorized to act on behalf of all Travellers listed in the reservation, (iii) that it is fully responsible to the Agency for compliance with the Contract by all Travellers and must make all payments provided for in the Contract for all Travellers, (iv) that the advance payment or the total package tour price applies to all Travellers in the same reservation and is distributed equally among all Travellers in that reservation unless otherwise defined in the Contract.
Whenever these General Terms or the Contract provide that the Contracting Party makes a statement, warranty, waiver, or assumes an obligation, it is considered to do so on its behalf and on behalf of each Traveller. Whenever these General Terms or the Contract provide that the Traveller makes a statement, warranty, waiver, or assumes an obligation, it is considered that the Traveller does so on its behalf and on behalf of the Contracting Party.
The Contracting Party must provide the Agency with all necessary personal data for each Traveller and timely deliver to the Agency all documentation required for organizing and realizing the trip. The Agency has the right to request and retain copies of documents if necessary for the trip’s realization. If the Contracting Party does not provide the requested data and document copies within the timeframe and manner requested by the Agency, it will be considered that the Contracting Party has withdrawn from the reservation or terminated the Contract and must pay the Agency the agreed termination fee. The Contracting Party is responsible for all damage caused to the Contracting Party, any Traveller, or the Agency due to providing inaccurate and/or incomplete data and/or documents.
Unless explicitly provided otherwise in the Contract, the Contracting Party must obtain all passports, visas, health cards, or other travel documentation required for travel and stay abroad for all Travellers and ensure that such documentation is complete and valid at all times.
The Contracting Party must inform the Agency before concluding the Contract of any facts concerning the health, habits, etc., of each Traveller that could jeopardize the trip’s conduct (including if the Traveller requires a specific type of food for health or other reasons, suffers from chronic illness, allergies, etc.). If the Travel Program specifies special travel rules (such as mandatory vaccinations and obtaining appropriate documents), the Traveller must comply with these requirements.
The Traveller must adhere to the accommodation unit rules regarding the start and end times of using rooms, apartments, cabins, etc. If the Traveller in any way disrupts the safety, peace, or comfort of other Travellers or third parties or endangers and/or hinders the regular conduct of the Travel Program, the Agency, in addition to the right to compensation for damages, has the right to terminate the trip for that Traveller and continue the package tour without them. If the Traveller is a minor, the Contracting Party must ensure the Traveller’s return home at their own expense.
The Traveller will follow all reasonable instructions from the Agency’s representative and cooperate in good faith with the Agency’s representative. In case of any dissatisfaction, the Traveller must cooperate in good faith with the Agency’s representative and strive to resolve the issue without disrupting other Travellers and third parties and without harming the Agency’s reputation.
In case of breach of obligations under the Contract and applicable regulations, the Contracting Party and Traveller will be liable for any damage suffered by any Traveller, the Agency, any service provider included in the package tour, or any third party, and will indemnify the Agency from all claims on that basis. The Contracting Party is jointly liable with the Traveller for the Traveller’s obligations under the previous sentence.
The Contracting Party and/or Traveller must notify the Agency through the Agency’s Contact Point specified in the Contract without unnecessary delay and considering the circumstances of any non-conformity identified during the performance of the travel service covered by the Contract. Upon the Contracting Party’s or Traveller’s request, the Agency will rectify the non-conformity unless it is impossible or would incur disproportionate costs, considering the extent of the non-conformity and the value of the travel services affected by the non-conformity. If the Agency does not rectify the non-conformity for the reasons mentioned in the previous sentence, the Contracting Party is entitled to a price reduction and compensation for damages unless the Agency proves that the non-conformity is due to reasons beyond its control (caused by third parties or extraordinary circumstances). If the Agency does not rectify the non-conformity within a reasonable period specified by the Contracting Party or Traveller, the Contracting Party and/or Traveller may do so themselves and claim reimbursement for necessary costs. The Contracting Party or Traveller is not required to set a reasonable deadline for the Agency to rectify the non-conformity if the Agency has refused to rectify the non-conformity or if the non-conformity needs to be rectified immediately.
Following the ZPUT, the Agency offers the Contracting Party/Traveller the possibility of directly (or through the Agency as an intermediary) contracting with a third-party insurer for travel accident and illness insurance, baggage damage and loss insurance, voluntary health insurance during travel and stay abroad, travel cancellation insurance, and insurance covering assistance and repatriation costs in the event of an accident and illness. Information about the content of these insurances and a link to the insurer’s general insurance terms are available at any time on adriapass.eu. Unless explicitly stated in the Contract, the prices of these insurances are not included in the package tour price.
Following the ZPUT, the Agency has contracted with the insurance company Generali osiguranje d.d., Slavonska avenija 18, 10000 Zagreb, Rijeka Branch: Ciottina 9, 51000 Rijeka; tel. +385 51 358 800; OIB: 10840749604, based on the Insurance Contract dated 9.5.2024: Guarantee insurance that allows the Contracting Party/Traveller to directly exercise rights from the guarantee with the insurance company under policy number P15-1020001040, and professional liability insurance for damage caused to the Traveller under policy number P13E-1025561024. In case of an insured event, the Contracting Party/Traveller must contact the insurer Generali osiguranje d.d., Slavonska avenija 18, 10000 Zagreb, Rijeka Branch: Ciottina 9, 51000 Rijeka; tel. +385 51 358 800 as soon as possible. This serves as confirmation of insurance in case of the Agency’s bankruptcy or insolvency and liability insurance.
It is considered that the delivery of notices between the Contracting Parties according to the Contract is validly executed in writing if sent: (i) by registered mail with return receipt or (ii) by email to the last address or email address one Contracting Party has notified the other of in writing. The Contracting Party is solely responsible for the accuracy of the address or email address for sending notices provided to the Agency and must notify the Agency without delay in writing of any changes to the contact information.
General information about the Agency is available on the Agency’s website: www.adriapass.eu. The central contact point for administrative cooperation according to the ZPUT is the Ministry of Tourism and Sports of the Republic of Croatia, Prisavlje 14, 10 000 Zagreb, email: pravni@mint.hr, tel: +385 1 6169 243. The competent authority for supervising the Agency’s business is the State Inspectorate, Tourism Inspection, Šubićeva 29, 10000 Zagreb, email: turisticka.inspekcija@dirh.hr, tel: +385 1 2375 100.
The Contracting Parties will attempt to resolve any disputes related to the Contract (including its execution and termination) amicably, and if that is not possible, the Commercial Court in Rijeka will have jurisdiction. The applicable law is the law of the Republic of Croatia (excluding its conflict of law rules that would refer to the application of foreign law).
Following the ZPUT, the Contracting Party can submit a proposal for dispute resolution to a body from the list of notified bodies for alternative consumer dispute resolution, following the provisions of a special law regulating alternative consumer dispute resolution. Information on currently notified bodies for alternative consumer dispute resolution is available on the website of the Ministry of Economy, Entrepreneurship and Crafts of the Republic of Croatia: Ministry of Economy.
For services purchased online, the online consumer dispute resolution platform is available at the following link: Online Dispute Resolution Platform.
If any provision of the Contract or these General Terms is or becomes void, invalid, or unenforceable, or if the Contract contains an unintended contractual gap, this will not affect the validity or enforceability of the remaining parts of the Contract. Any such void, invalid, or unenforceable provision will be deemed replaced, and the gap filled, by an appropriate provision that, to the extent legally permissible, is closest to the original intent of the Contracting Parties in terms of the economic purpose and objective of that provision and/or the Contract.
These General Terms exclude all previously issued general terms of business of the Agency regarding package tours and come into force on the date of publication on the Agency’s website, i.e., on 09.08.2024. The Agency reserves the right to amend these General Terms at any time by publishing the amended text of the General Terms on the Agency’s website, which comes into force on the date of publication.
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