Penta PCO - Professional Congress Organiser

General Travel Conditions

1. GENERAL PROVISIONS

The general provisions released here are the constituent part of the Contract between the Travel Agency PENTA d.o.o. (hereinafter: PENTA) and a traveller who books a chosen travel package. If in the individual programme a provision different from those under these Clauses has been released, the provision/condition from the programme applies.

2. CONTENT OF THE TRAVEL PACKAGE

The travel organiser PENTA guarantees the carrying out of the programme as described in the travel package in the programme it organises and which you received. The content of the travel package will be implemented in entirety and in the described way, except in case of extreme circumstances (war, riots, strikes, terrorist activities, sanitary problems, natural disasters, interventions of authorities and similar).

3. BOOKINGS AND PAYMENTS

Booking applications can be submitted at the travel organiser’s office as well as in the offices of the Agencies it has authorized. During the booking, the traveller is obliged to provide all the information or documents which the specific tour programme requires. a) During the booking, the traveller pays 40 % of the travel package amount and remaining 60 % of the amount should be payed 14 days before the departure at the latest. b) For “reservations on inquiry” an advance is paid according to the price-list of the responsible organiser. The organiser will not accept the “reservation on inquiry” application without paid advance. If the traveller does not accept the confirmed reservation which was made on his/her demand, the organiser will retain the paid advance to cover the reservation costs. The traveller agrees not to claim interest due to in-advance payment. By signing the Contract, voucher or application form, in other words, by dictating his/her credit card number while paying for services through remote communication means, the traveller completely accepts these Terms and Conditions for booking a tour, which he/she has previously carefully studied. In that way everything mentioned in these Conditions becomes a legal obligation for the traveller as well as for the organiser.

4. CONTENT AND PRICE OF TRAVEL PACKAGE

The content of travel package encompasses, in other words, the price of travel package includes everything that the travel organiser has mentioned in the tour programme. Special services are services not included in the price of the travel package and are therefore additionally paid by the traveller. These services should be asked for when applying and are additionally paid to the price of the travel package. Optional and special services which the traveller asks for during the journey are paid to the tourist escort or the representative of the travel organiser in the currency of the respective country. The travel prices are specified in the tour programme and are valid from the day of announcing the programme. The prices mentioned in our programmes are based on the Contract we have with our partners and do not have to be compliant with the prices stated on the spot at the destination you stay in and possible price difference cannot be subject to complaint.
The travel package prices are stated in kunas, and calculated according to prices of services in referential currencies according to the selling exchange rate of the commercial bank of the travel organiser on the specific date. The travel package price (unless otherwise stated in the tour programme) generally includes: transport services, hotel and catering services and travel arrangements. If mentioned in the tour programme, the price can include airport fees as well as costs of services of professional and local guides. The price of travel package does not include (unless agreed otherwise): optional excursions and visits, possible costs of obtaining and issuing visas, admission tickets for facilities to be visited. All types of special services (single bedroom, special diet and similar) are additionally paid for by the traveller and must be ordered by him/her during booking.
The organiser retains the right to change the announced prices in case of change of prices of accommodation, meals, transport and other services, in other words, in case of change of the currency exchange rate which is the basis for calculating the travel package price. The traveller is obliged to accept the price increase up to 10%. In case there is a price increase amounting to more than 10%, the traveller has the right to cancel the travel package without cancellation costs and has to inform the Agency about it orally or in writing within 48 hours from the information receipt. If the traveller does not cancel the travel package within the mentioned time limit, it is considered that he/she agrees with the change of price. In case of cancellation, he/she does not have the right to compensation claim.

5. CATEGORISATION AND DESCRIPTION OF SERVICES

The offered accommodation facilities, restaurants, transport means and other are described according to the official categorisation of the local tourist organisation valid at the time of the publication of the programme. Standards of accommodation, nourishment, services and other, differ in specific localities and countries, and are not comparable. Information which the traveller obtains at the selling place is of no more importance than the information stated in the tour programme.

6. CHANGE OF PROGRAMME

The travel organiser has the right to change the programme due to extreme circumstances, which cannot be forseen, avoided or warded off (see Clause 2). The contracted accommodation can be substituted only for the accommodation in the facility of the same or higher rank and at the expense of the organiser. PENTA also retains the right to change the date or time of departure due to changes in flight schedule or extreme circumstances’ occurrence as well as the right to change the travel direction in case the conditions of travel are changed (changed flight schedule, safety situation in a specific country, natural disasters and other circumstances which PENTA cannot influence), without cash compensation and according to the valid regulations in the international traffic.

The organiser can cancel the travel package in entirety or partly if prior to it or during it extreme circumstances occur which cannot be avoided or warded off and, if they had occurred at the time of releasing and selling the programme to the organiser, they would have been the rightful reason for not publishing the programme and not receiving the bookings. The organiser can also cancel the travel package if the necessary number of travellers envisaged for the specific travel package is not reached. In the programme of every travel package, the travel organiser publishes the minimal number of travellers. The organiser is obliged to inform all customers of the cancellation at least 5 days prior to the beginning of the journey and return them the entire paid-in amount for the travel package.

8. TRAVELLER’S WITHDRAWAL FROM THE TRAVEL ARRANGEMENTS

If a traveller wishes to cancel the journey, he/she has to do it in writing. The date of written cancellation is a basis for calculation of cancellation costs according to the following table:
- for a cancellation up to 30 days prior to the departure, the organiser keeps 10% of the travel package price and minimally 100 kunas,
- fo cancellation from 29 to 22 days prior to the departure, 25% of the travel package price,
- for cancellation from 21 to 15 days prior to the departure, 40% of the travel package price,
- for cancellation from 14 to 8 days prior to the departure, 80% of the travel package price,
- for cancellation from 7 to 0 days prior to the departure, the organiser will keep 100 % of the travel package price.
- if a traveller does not show up or cancels the travel package after it had started, the organiser will keep the full amount of the travel package. When the real costs or the share of fixed costs of the group are higher than those mentioned in the table, the travel organiser retains the right to charge the real costs. The stated costs of cancellation shall also apply to changes of the departure date or the type of the accommodation facility, as well as to other major changes. If a customer who cancels the tour finds a new user of the same booking, the organiser shall charge only the costs caused by the replacement. In case of the cancellation of all the packages, the costs for obtaining of visa/s or travel documents are not refunded.

9. INSURANCE FROM RISK OF CANCELLATION

In order for the traveller to avoid costs in case of travel cancellation, he/she can pay in the Travel Cancellation Insurance. It is charged during concluding the Contract and it cannot be paid subsequently. The insurance premium is calculated depending on the value of the tour according to the price list of the insurance company. Unanticipated obstacles are mentioned in the insurance policy. In case of cancellation of travel package, the amount of paid premium for the Travel Cancellation Insurance and for the obtaining of visa shall not be refunded, although a customer paid the Travel Cancellation Insurance. Other insurance conditions shall be enclosed with the insurance policy.

10. OBLIGATIONS OF THE TRAVEL ORGANISER

The organiser is obliged to take care of the performing of services as well as the choice of service provider with due care of a good organiser and also care for the rights and interests of the travellers in accordance with the good practices in tourism. The organiser is obliged to provide the travellers with all mentioned services for the individual travel package in the programme and is responsible to the traveller for the possible non-performing of services or a part of services. The organiser is not responsible for changes or non-performing of services owing to circumstances beyond its control (Clause 2) and for late arrivals of transport means which are outside of the transporter’s responsibility according to positive regulations and international conventions. In these cases, the traveller will meet all additional costs.

The traveller is obliged to:
- own proper travel documents. The costs of loss or theft of documents during the journey are covered by the traveller. Tourist escort or the representative of the organiser will help him/her, but under condition it does not disturb the carrying out of the programme. If a visa is needed for a journey, the travel organiser can, on traveller’s demand and when it is possible, help obtain it, with additional payment. The travel organiser does not guarantee the obtaining of visas.
- vaccinate and possess certificates of and documents on vaccination for journeys into the countries for which the regulations of the WHO require it. In that case, the traveller encloses a medical statement. If a traveller does not possess these documents and/or has unvalid travel documents which lead to withdrawal from the journey or unability to continue the journey, it does not oblige the travel organiser and it charges the cancellation costs from Article 8,
- comply with the custom and currency regulations of the Republic of Croatia, as well as of the countries in which he/she stays during the journey,
- observe the house rules in all facilities he/she visits and cooperate with all service providers in good faith,
-comply with the instructions and cooperate with tourist escort and/or representative of the travel organiser,
-at the time of departure show the document on the paid travel package (original voucher, receipt, copy of the bank transfer) to the tourist escort or the representative of the organiser. In cases of non-compliance with these obligations, the traveller is responsible to the organiser for any damage he/she caused.

12. BAGGAGE

The transport of baggage by airplane is free of charge up to the weight determined by the airliner.
The customer pays for the excess baggage according to the current prices of the airliner. The children up to two years of age are not entitled to a free of charge baggage transport in air transport. In case of bus transport, the traveller may bring along 2 pieces of personal baggage. The travellers are obliged to take care of their belongings brought onto bus, and are obliged to bring them along whenever leaving the bus. Otherwise, the travellers will be solely responsible for theft, loss or damage of objects left unattended in the bus. The baggage is transported at traveller’s risk and therefore the baggage insurance at the insurance company is recommended.
The travel organiser is not responsible for damaged or lost baggage as well as for stealing of baggage or valuable things at the hotel (a safe-deposit box lease is recommended). The traveller should inform the transporter or the person at the accommodation facility reception on the damaged or lost baggage, depending on where the damage or loss has occurred.

13. TRAVEL INSURANCE

Tour prices do not include insurance from consequences of accident and illness during journey, the insurance from the risk of damage and loss of baggage, the Travel Cancellation Insurance or voluntary health insurance. By signing the Contract, it is understood that the traveller has been offered and recommended the travel insurance package and that the insurance conditions have been submitted to him/her for inspection prior to the purchasing. ECC-DCT acts only as a mediator on the question of insurance.

14. ACCOMMODATION IN ROOMS/APARTMENTS

The rooms/apartments shall be distributed by the reception desk staff at the place of staying. Unless a customer has explicitly contracted for a room/apartment with particular features, he/she will accept any officially registered room/appartment for rent in the certain facility, described in the catalogue or the price list. If it is possible, the organiser will try to meet the travellers additional request for accommodation (comfort, orientation of the room, floor and similar), but it cannot guarantee the meeting of such request. The check-in is most often not possible before 4:00 pm on the service start date, and the travellers have to check out until 10:00 am on the service end date, if not otherwise stated in the programme. Arrivals after 6:00 pm must be advised in advance, unless indicated differently. The number of disposable beds in the apartment corresponds to the highest possible number of guests in the appartment, in other words, a higher number of guests cannot be accommodated in the appartment. A child counts as an adult. The owner of the appartment has the right to decline the accommodation of guests if the number of people is higher than the one reported by the Agency. Pets are not allowed into the rooms/apartments, if not otherwise stated and if so, with the additional fee.

15. COMPLAINTS’ SETTLEMENT

If the services from the programme are performed deficiently or below quality, the traveller can demand proportional damages by enclosing a written complaint. Every traveller – a Contract bearer – has the right to complain due to unperformed contracted service. Every traveller – the Contract bearer – makes the complaint individually; the organiser will not deal with group complaints.
Procedure relating to the complaint:
- immediately, on the spot, the traveller makes a complaint for the unadequate service to the tourist escort, in other words, the representative of the organiser and if he/she is not available, to the service provider. The traveller is obliged to cooperate with the tourist escort or the representative of the organiser in good faith in order to eliminate the causes for the complaint. If the traveller does not accept the proposed solution to the complaint which corresponds to the paid service on the spot, the organiser will not accept the subsequent traveller’s complaint or respond to it
- if the cause of the complaint is not eliminated, the traveller makes a written certificate in two copies with the tourist escort or the representative of the organiser or the service provider, which both sign. The traveller retains one copy of it.
- eight days after the return from the journey at the latest, the traveller submits the written complaint at the selling place where he/she paid for the travel package and encloses a written certificate signed by the representative and possible bills for additional expenses. The organiser will start the procedure only of the fully documented complaint, received within the mentioned deadline of eight days.
- the organiser is obliged to make a written decision regarding the complaint within 14 days after the receipt of complaint at the selling place. The organiser can postpone the term for making the decision by another 14 days at the most on account of collecting information and checking the statements in the complaint with the service provider. The organiser shall resolve only such complaints the cause of which could not have been eliminated at the place of stay.
- until the organiser makes a decision, the traveller irrevocably waives the right of mediation by any other party, the arbitration of the Association of Croatian Travel Agencies, court institution or providing information to the media.
The maximum amount of compensation per complaint may reach the amount of the claimed part of the services, but it may not include already used services or the whole travel package amount. By this, the right of the traveller to compensation for ideal damages is excluded. The traveller who is not satisfied with the response of the travel organiser and has used the services of the Agency which is the member of the Association of Croatian Travel Agencies and has complied with all the above mentioned instructions for carrying out the procedure relating to the complaint and has at his/her disposal all necessary documentation, can complain to the arbitration of the Association of Croatian Travel Agencies. In accordance with the Arbitration Rules, the whole procedure should be completed in the subsequent month. By this procedure, either the organiser will agree to compensation for damages or the traveller will come to know, with minimal expenses, that at the court to which he/she can also complain, he/she does not have a chance to win the dispute.

16. COURT JURISDICTION

In terms of Clause 13 of these conditions, the service buyer from the programme in question has the right to complain to the programme organiser. If the customer is not satisfied with the organiser’s solution, he/she has the right to court arbitration. In that case, the competence of the court in the place with the headquarters of the responsible organiser is stipulated.

17. INSURANCE IN CASE OF PAYMENT INABILITY OR INSOLVENCY OF THE TRAVEL ORGANISER

In accordance with the Law, in case of payment inability or insolvency of the travel organiser, the travellers caught by that while travelling as well as people who paid in advance for the travel, should contact the insurance company stated in the Travel Contract as soon as they can, and indicate their address or phone number for the insurance representative to contact them.

PERSONAL DATA PROTECTION

The traveller gives his/her personal data voluntarily. By signing the Contract, the traveller authorizes the Agency PENTA to use these data for purpose of communication with him/her as well as realization of required services. PENTA is obliged not to transfer data to another country or submit them to third parties unless for purpose of services realization and if the traveller has agreed to conclude one of travel insurances (Travel Cancellation Insurance, insurance from accidents, insurance from risk of damage and loss of baggage and voluntary health insurance during the journey and stay abroad) to the insurance company for purpose of making of insurance policy.

FINAL PROVISIONS

These general travel conditions, applicable to agencies which are members of the Association of Croatian Travel Agencies, are the constituent part of this Contract that the traveller concludes with PENTA, in other words, with the authorized travel agency in which he/she booked a travel organised by PENTA. Possible/anticipated deviations from these conditions must be stated with the text of the tour programme. By signing the Contract, the traveller fully accepts the programme and the travel conditions. These travel conditions exclude all previously issued.

Zagreb, 27 July 2001