General Terms and Conditions for excursions Petros d.o.o.
These General Terms and Conditions regulate the relations between Putnicka agencija Petros d.o.o., Nova cesta 5, 10000 Zagreb, VAT: HR22262299144 as an excursion organizer or authorized intermediary (hereinafter: Petros) and traveler. i.e. customer in case where the customer enters into a contract for the benefit of a third party as a traveler (hereinafter: Traveler). Excursion means a combination of at least two individual services for the same travel or holiday, consisting of transport or other tourist and catering services, and lasts for less than 24 hours and does not include overnight stays.
Contracting, Paying and Excursion Price
Upon payment of the price of the excursion or part of the price (if the contract so stated), while providing the necessary information to Petros by e-mail, fax, mail or via the Internet, the Traveler agrees with the Petros Excursion Agreement made by the Confirmation of Purchase (invoice and/or voucher), the excursion program and the General Terms and Conditions for excursions with the acceptance of the terms contained in the mentioned documents.
The contents of the excursion, ie the cost of the excursion, includes all that is stated in the excursion program in the “inclusions” section. Special services are services that are not included in the price of the excursion and hence the Traveler specifically pays. For special services that Petros can not provide and include in the Agreement and / or those requested by the Traveler during the excursion and Traveler pays on the spot at the immediate service provider, Petros is not responsible as excursion organizer regardless of the assistance of the tour leader/ tourist guide guide / representative of Petros to provide the Traveler with the provision of these services and information on the pricing of these services. For Services Paying on the Site the Traveler submits any objection directly to the Service Provider.
Petros reserves the right to change the price no later than 14 days before the start of the excursion if there are any changes in the applicable tax regulations, currency exchange rate changes, increased transportation costs, including fuel costs or increased fees for certain services (in air and other ports) that affect the price of the excursion.
In the case of a price increase, Petros may propose a change of price or cancel the excursion with a refund to the buyer who paid the excursion price. The Traveler has the right to terminate the excursion contract and in that case the Traveler is entitled to a refund of the price paid up to then, without the right to compensation for damages and any costs of insurance and similar expenses.
By purchasing a trip, the Traveler acknowledges that Petros made available to him prior to the conclusion of the contract the following information:
– about the excursion cost,
– the number of daily meals,
– on the means, characteristics and category of transport,
– a plan of travel,
– way of payment,
– on border, visa and health formalities related to a trip abroad,
– the minimum number of passengers required to organize a excursion and the time limit for the Traveler to be informed about the cancellation of the excursion if no sufficient number of passengers has been reported for the excursion.
Classification and Description of services
The services are described according to the official classification of the local tourist organization or other competent authority at the time of the program issuing. Food, transportation and other services in some places and countries are different and not comparable. Petros assumes no responsibility and shall not be liable for any oral or written information that is not corresponding to the service description set forth in the itinerary and the General Terms and Conditions valid for the travel if the Traveler has received such information orally from an employee at the point of purchase, by telephone or in writing from an unauthorized person, or in some other way.
The itinerary is equally binding for the Traveler and Petros. Time of departure specified in the itinerary Traveler must abide by the instructions and information that he or she receives in connection with the realization of the program orally by the tour leader or tour guide during the excursion. If the Traveler separates from the group before receiving the appropriate notice of the time and place of the reunion of the group and the continuation of the excursion, Petros can not be charged for the costs and any damage the Traveler may suffer. Petros reserves the right to continue the excursion without a Traveler who does not appear on time at the place of departure or continuation of the excursion, and Traveler’s absence shall be considered as his/her cancellation of the excursion. Petros assumes no liability if certain activities that depend on weather and natural occurrences can not be realized in accordance with the Itinerary or Travelers’ expectations. Petros reserves the right to make changes to the Itinerary due to unavoidable conditions.
Itinerary Modifications and Excursion Cancellations
Petros will inform the Traveler without delay about any changes to the excursion itinerary. Petros may cancel the excursion or make changes to the itinerary at any time, prior to the start or during the excursion in case of any outstanding circumstances that can not be prevented or avoided (war, disorder, sudden and unusual traffic stoppages, government intervention, sudden changes in timetables, delays in means of transport, weather incidents etc.), which, at the time of the conclusion of the contract, would have been justified for Petros for a reason not to conclude excursion contract. Petros shall in particular reserve the right to change the day and hour of departure on the route due to a change in the timetable or occurrence of any of the above mentioned circumstances, as well as the right to change the direction of travel due to changed circumstances, without compensation to the Traveler. Petros is not responsible for delays in the aircraft, ship or train as well as for program changes and costs incurred due to such delays.
Petros may cancel the excursion in whole or in part if minimum number of Travelers specified in the itinerary is not met. In this case, the Traveler is entitled to a refund of the price paid up to then, without the right to compensation for damage and any costs of insurance and similar charges. The Traveler will be notified about cancellation no later than 24 hours before the start of the excursion. In case of cancellation of the excursion, Petros may offer to the Traveler the second day of departure or another excursion. Without delay, the traveler must declare in writing that he accepts or refuses the modified or alternate excursion. If the Traveler refuses to make changes or substitutes or disagrees with Petros offer, then the Contract is terminated and the Traveler is entitled to a refund of paid price without the right to compensation for damages and any costs of insurance and similar charges. In the event of acceptance of the amended contract or substitute excursion the Traveler has no claims against the excursion organizer or intermediary on any legal basis, except the right to refund a part of the price, if the substitute excursion has a lower price.
Refund in Case of Excursion Cancellation
If a Traveler wants to cancel a trip he has to do it in writing. The date of receipt of the written cancellation is the basis for calculating the cancellation costs.
If the Traveler cancels the excursion, Petros will keep the following excursion price percentage as damage compensation (if not stated otherwise in the itinerary):
- 0-48 hours before the departure – 100 % of the excursion price.
Travelers who do not arrive at the time of departure indicated in the itinerary or in the written instructions received from Petros, are not entitled to the refund of the paid price. If the Traveler does not show or cancels the excursion during its duration of excursion Petros will charge 100% of the excursion price.
Petros may cancel the excursion latest 24 hours before departure for reasons that are not exceptional circumstances (that can not be prevented, avoided or eliminated). In this case the Traveler is entitled to a refund of 100% of the price of the excursion unless otherwise stated in the itinerary. If Petros cancels the excursion due to the occurrence of circumstances that are exceptional circumstances that can not be prevented, avoided or eliminated, it can also be done at any time and then the Traveler is also entitled to a refund of 100% of the price of the excursion unless otherwise stated in the itinerary.
If Petros cancels a trip or modify the excursion itinerary for any reason, the Traveler will not be entitled to any refunds, damages, insurance compensation fee, and similar fees other than those expressly provided herein.
Responsibility for Identity Documents and Personal Safety of Traveler
The Traveler is required when departing on a excursion to possess a document of purchase of excursion (voucher or invoice), a valid passport when traveling abroad, and ensure that he personally, his documents, luggage and belongings fulfill the conditions set by the carrier and those provided for border, customs, health and other regulations of his country as well as the state through which or where he travels, and Petros is not responsible for the decisions of the official persons who deny the Traveler the transport, refuses to issue a visa or does not permit entry to the country or the costs incurred for that purpose. If due to the foregoing reasons the tour ends before or during the excursion, Petros reserves the right to collect the damage compensation as defined in these General Terms and Conditions.
Apart from the excursion itinerary, the Traveler is also obliged to abide by the rules of the hotel in the catering and transportation facilities, and to cooperate with Petros representative and service providers in good faith. In the event of non-compliance with these obligations, Petros shall not be liable for any damages incurred, and the Traveler shall pay for any damages at the place of the event. The Traveler is obliged to observe the rules of personal safety during the journey, which would be used by every average person. Petros is not responsible for the Traveler’s actions regarding his personal liability. The traveler is obliged to observe the rules of personal safety during the journey, which would be used by every average person. Petros is not responsible for the Passenger’s actions regarding his personal liability. Costs of loss or theft of documents during the excursion are to be covered by the Traveler. Provided that this does not affect the realization of the excursion itinerary and does not incur additional costs to Petros, Petros representative (tour leader or tour guide) will provide personal assistance to the Traveler in formalities related to contacts with local authorities, diplomatic consular missions, healthcare institutions and similar.
In all other cases, the Traveler shall be liable for such formalities at his or her own expense. If, for the purpose of solving such formalities, the Traveler is unable to continue the excursion, Petros will consider it as a excursion cancellation. For costs and any damage the Traveler on that basis may suffer can not be charged Petros. The Traveler is obliged to promptly inform Petros of all facts regarding his / her health, habits, etc. that could endanger the excursion (health problems requiring special nutrition, chronic illnesses, allergies, etc.).
Substitition of Traveler
If the Traveler is prevented from commencing the excursion, then he may designate a third party as a substitute traveler to use the agreed services instead of the Traveler. In this Traveler shall promptly notify Petros in writing. Petros will accept a third party named as a Substitition of Traveler if Petros is notified in due time and third party meets all the conditions for taking the excursion, if there are no statutory or other prescribed obstacles preventing the substitition of the Traveler and if it is possible to make a reservation change. Before the commencement of the excursion, the Substitute Traveler or Traveler is obliged to pay all the additional costs incurred by the Substitition of the Traveler.
Petros is not responsible for luggage transport and Petros is not liabale for lost or damaged of Travelers’s luggage, nor for theft of luggage or valuables in the means of transport. Luggage transport Traveler is required to announce before entering into the Excursion Agreement and may be subject to charge. If possible, Petros will try to meet the pre-announced additional requests for luggage, but can not guarantee to fulfill requests. The Traveler is obliged to take care of his belongings in means of transport (car, van, bus, boat, etc.) and must take them with him/her when leaving the vehicle. Otherwise, the Traveler is liable for theft, loss or damage of the items left in means of transport without their supervision. Pets are not allowed, except in exceptional cases upon request and at an additional cost. Petros can not guarantee the fulfillment of such request.
A Traveler may file a written complaint in business premises of Petros (Travel Agency Petros d.o.o., Nova cesta 5 / 7th floor, 10000 Zagreb) or by mail or fax or e-mail. Petros is obliged to confirm the receipt of the complaint in writing without delay and to respond to the complaint within 15 days from the day of receipt of the complaint. Notice on filing a complaint is available at https://petros.hr/hr/obavijest-o-nacinu-podnosenja-prigovora/
If the Traveler files a complaint during the excursion for non-performance or undue performance of any of the agreed upon services, he/she shall observe the procedure instructions of the excursion organiser/service provider and cooperate with the excursion organiser/service provider with the aim of resolving the complaint on the spot. In case of non-performance or undue performance of a service agreed upon within the excursion organized by Petros, the Traveler may initiate the complaint procedure prescribed by these General Terms & Conditions for the purpose of resolving the noted irregularities. Immediately upon identifying an omission, the Traveler shall file a complaint for an unduly provided service to the person who has provided the service, in the presence representative of Petros. The Traveler is obliged to cooperate with the representative of Petros and the service provider, and to act in good faith in order to resolve any complaints. Should the Traveler decline on the spot the proposed solution which corresponds to the rendered service, Petros is not obliged to take later complaints into consideration. The Traveler may submit a written complaint at the point of purchase where he/she bought the excursion no later than 8 days following his/her return from the excursion. The Traveler is obliged to provide well-argued reasons for his/her claims. Petros will only take into consideration fully documented complaints which are received within the 8-day deadline and will render a decision in writing regarding the Traveler’s complaint within 15 days upon the receipt of the complaint from the point of purchase. Petros may prolong the complaint resolution deadline by additional 15 days in order to collect necessary information and check allegations stated in the complaint with the service provider. Until a decision has been made by Petros and for the duration of the 30 days after the complaint has been filed, the Traveler waives the right to arbitration before any other institutions or court, and shall not publicly disclose any information concerning the subject matter. Furthermore, for the aforementioned 30- day period the Traveler relinquishes the right to file suits. The Traveler has the right to compensation in the amount of the actual value of the unused services, while compensation for damages in non- performance, partial performance or undue performance of obligations is limited to the amount of the excursion price. This excludes the Traveler’s right to be compensated for non-material damage. Each Traveler files complaints separately. Petros reserves the right to dismiss group complaints, complaints that arrive after the expiration of the set time limit, and those for which it is established that they could have been resolved on the spot if the Traveler had cooperated with the representative of Petros.
Excursions of other Tour Operators
These General Terms & Conditions are applicable to all excursions for which Petros is the main organizer. They shall not apply to the cases where Petros acts as an intermediary, i.e. where it is not the main organizer. Such excursions shall be separately marked and governed by the general terms and conditions of the main organizer. Petros shall not be responsible for the execution of excursions of other organizers.
Protection of Personal Data
Your personal data is collected and used only on the basis of the data you have voluntarily provided. Petros. collects, processes and keeps your personal information in accordance with the EU General Data Protection Regulation (GDPR) and other applicable regulations. Data will not be passed on to third parties or exported to third countries except in the case of the need for realization of contracted services.
Possible/anticipated deviations from these General Terms and Conditions for excursions must be listed in the excursion itinerary. The parties undertake to resolve any disputable cases by mutual agreement. If this is not possible, in the event of a dispute, the court in Zagreb is competent and Croatian law applies.
Application of the General Terms & Conditions for Excursions Petros d.o.o.
In Zagreb, 1st March 2019. This edition excludes all previous editions.
Petros d.o.o., Nova cesta 5, 10000 Zagreb, VAT HR22262299144