General Terms and Conditions
Introductory Note
These instructions and conditions of booking and purchasing travel arrangements are an integral part of the Contract i.e. voucher, which were made by signing the contract between Poseidon Ltd. and the customer/customers, who are booking the travel arrangement.
Bookings and contracting
A customer may book a tour arranged by Poseidon in all Poseidon's office bureaus, on Poseidon's web site, by phone, by fax and by other means of remote communication, or with other authorized agents. By signing a contract, a voucher or a booking form, i.e. by dictating the number of one's own credit card, using online or offline payment when purchasing the services by means of remote communication, the customer completely accepts these Terms and Conditions for booking a tour, which the person has previously carefully studied. During the booking, for the purpose of reserving the selected service, the customer pays 30% of the price of the package (per person), unless it is stated differently in the program. The balance to the full price of the package is to be paid at the latest 21 days before the start of the tour, unless it is stated differently in the program (an exception is payment in installments).
Package price and contents of the arrangement
As a rule, (unless otherwise specified in the tour program) the package price will include: transport services, hotel and catering services, and travel arrangements. If mentioned in the tour program, the price can also include airport fees, as well as costs of services of professional and local guides. The package price does not include (unless otherwise agreed):
- Optional (non obligatory) excursions and visits
- Costs of obtaining and issuing visas, if any
- Tickets for sites to be visited
All types of special services (single bedroom, special diet, etc.) will be paid by the customer himself/herself and must be ordered by him/her during booking. If a customer asks for a special service during the tour, he/she will pay for it directly to the guide or the Agency representative, in the currency of the respective country.
Right to price increase and right to cancellation due to price increase
Prices of all tours are based on the exchange rate of the Croatian currency kuna and foreign currencies. Poseidon may ask for an increase of the contracted price in case the following occurs after the contract was concluded:
- a change of the exchange rate in relation to the program publication date
- a change of the transport costs (fuel, road tolls, etc.)
- a change in hotels' or carriers' fees, Poseidon will inform the customers about the change in writing or verbally
Twenty days before the beginning of the tour the contracted price cannot be increased, except in case of subsection 1 of this article. A customer may cancel the tour free of charge in case a price change exceeding 10% in relation to the contracted one occurs, at the latest within 48 hours after the received written notice. If the customer fails to cancel the tour within the stated term either by personal visit to the travel agency Poseidon or in writing, it will be assumed that the person agrees to the changed price. In case of cancellation due to the increase of the price greater than 10% the customer is not entitled to compensate the damage. The customer is required to accept the price increase up to 10%. The published prices are the result of the Poseidon's contract with partners and they may not correspond to the prices stated on the spot, at the destination where the customer is staying.
Children discounts and other benefits
Please pay attention to children discounts, as well as to other benefits which are particularly pointed out in the description of the package.
Travel documents
All travel documents will be sent to you at the latest 7 days before the departure on tour, unless otherwise mentioned in the program. Travel documents will include:
- for a package with the use of own transport: the original voucher and written notices, if any
- for a bus package: the original voucher and the tour program
- for an airplane package: the original voucher, the tour program, and an airplane ticket
Categorization and description of services
The accommodation facilities offered in Poseidon's programs are described according to the official categorization of the respective country valid at the moment of the publication of the program. Nourishment, modern conveniences, as well as other services offered by hotels/apartments are supervised by local tourist boards, while the standards of accommodation and services differ and are not comparable. Poseidon will not be responsible for any verbal or written information differing from the description of services and facilities in the published programs which were obtained from a third party.
Accommodation in rooms/apartments
The rooms/apartments will be appointed by the reception desk staff at the place of staying. Unless a customer has explicitly contracted a room/apartment with particular features, he/she will accept any officially registered accommodation unit for rent in the specific facility described in the catalogue and in the price list. Accommodation in a room/apartment is usually not possible before 4.00 p.m. on the service start date, and the customers must usually leave the rooms/apartments until 10.00 a.m. on the service end date. Arrivals after 8.00 p.m. must be announced in advance, unless indicated differently. Pets are allowed in particular cases with an obligatory additional fee.
Costs of additional services
If the customer demands additional services, he/she is obliged to pay a cash deposit in the amount of 10% of the total cost of said services at the time of booking the program as a guarantee towards payment of said services to Poseidon, i.e. the person authorizes Poseidon to commit credit card debits in the amount of 10% of the total additional services cost. If at the time of inquiry cost of additional services is not known, the customer is required to pay the flat-rate deposit in the amount of EUR 500.00, or Poseidon will execute a debit on the customer’s credit card for the amount specified. Poseidon is required to inform customers about the availability of additional services at the latest 5 working days from submitting the request. The customer is required to pay the total amount of the service cost within 24 hours from receiving the Poseidon's notice about the availability of additional services, and the paid cash deposit i.e. the amount paid by credit card will be included in the price of services. If the customer does not make the payment in the specified period, Poseidon will retain the paid cash deposit, i.e. the amount charged for debiting the credit card. If Poseidon gives notice to the customer in the time specified about the unavailability of additional services, we will refund of the cash deposit, i.e. cancel the credit card debits within 2 working days from giving the notice.
Cancellation policy
If a customer cancels a booking, Poseidon will keep the following amounts from the full package price:
- up to 30 days prior to the departure, 10% of the package price, at least 100,00 kn
- 29 to 22 days prior to the departure, 25% of the package price
- 21 to 15 days prior to the departure, 40% of the package price
- 14 to 8 days prior to the departure; 80% of the package price
- 7 - 0 days prior to the departure and after the tour start date, 100% of the package price.
The stated costs of cancellation will also apply to the changes of the departure date or the type of the accommodation facility, i.e. the type of the room/apartment, as well as on other major changes. An eventual different scale from the stated one is included in a specific program to which it refers. If the customer who cancels the tour finds a new user for the same booking who will fulfill all the conditions specified, Poseidon will charge only the costs caused by the replacement. In case of cancellation of all the packages, the costs for obtaining the visa/s or travel documents will not refunded. In case when the customer cancels the tour or shortens the travel due to bad weather conditions, Poseidon will apply the above mentioned scale and subsequent complaints will not be acknowledged.
Insurance from cancellation risks
If, during the booking of a tour, a customer anticipates that he/she would have to cancel the tour due to unexpected obstacles, in order to avoid the costs in case of the tour cancellation stated in Item 9 of these Terms and Conditions, he/she can pay the insurance from the risk of cancellation. The insurance from the risk of cancellation 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. Unforeseen obstacles as the reason for the cancellation of the travel are determined by each insurance company in accordance with its terms. In case of the cancellation of a tour package, the amount of the insurance from cancellation risks will not be refunded. Also, in case of the cancellation of a tour, the cost of obtaining visas will not be refunded although the customer has paid the insurance from the risk of cancellation. If the customer does not have the insurance from the risk of cancellation paid, and he/she must cancel the tour due to the stated unanticipated obstacles, Poseidon keeps the right of payment according to the rules stated in Item 9. Other insurance conditions are enclosed to the insurance policy.
Insurance from consequences of accident and illness, insurance from risk of damage and loss of baggage and voluntary health insurance of persons during travelling and staying abroad
Tour prices do not include the insurance from the risk of accident and illness while on travel, the insurance from the risk of damage and loss of baggage as well as voluntary health insurance. By signing the tour Contract, with these Terms and Conditions as its integral part, it is understood that additional insurances stated in the previous paragraph have been offered and recommended to the customers. In case that the customer requests the stated insurances, they can be contracted directly with one of the insurers or through Poseidon, whereby Poseidon acts only as a mediator. We recommend that you study the insurance terms carefully before purchasing.
Cancellation by Poseidon or change of program
If the sufficient number of passengers hasn’t booked the program, Poseidon reserves the right to cancel the travel but at the latest 3 days prior to the tour start date. The minimum number of passengers required for a specific travel will be specially marked on each program/package. Poseidon also reserves the right to a full or partial change of the tour program in case that before the tour start date extraordinary circumstances occur that could not have been anticipated or avoided. Poseidon also reserves the right to change the date or the time of the departure due to a change in the flight schedule or the onset of unanticipated circumstances, as well as the right to change the route in case of a change in travel conditions, such as: the changed flight schedule, safety conditions in a country, (unfavorable) weather conditions without paying out the damages, according to the current regulations in the international traffic. If the tour is cancelled by Poseidon, the customer will be entitled to payment of the full paid amount, but not the also refund of the damage.
Passports and visas
Customers are obliged to have valid passports. Invalid passports leading to a cancellation of the travel will not have any harmful consequences for Poseidon, and, if Poseidon would suffer an additional damages due to such an omission by a customer, the customer is obliged to compensate the same. If a passport is lost or stolen during the travel, the costs of issuing a new passport will be borne by the customer himself/herself. Poseidon's guide will assist the customer in such a situation, taking care about the normal course of the program thereby. If a visa is required for a travel, Poseidon may mediate in its obtaining at a special additional fee. Poseidon will not be responsible for decisions by customs or police or other state authorities banning a passenger's entry into a particular country.
Foreign exchange and customs regulations
Customers are obliged to comply with all foreign exchange and customs regulations, as well as with laws and other by-laws of the Republic of Croatia and other countries through which they travel and where they stay. If the tour cannot be continued because of a violation of regulations by a customer, all costs and consequences will be borne by the offender alone.
Health regulations
Travelling to some countries is conditioned by vaccination against specific diseases. When travelling to such countries, a customer is obliged to hold certificates and documents about vaccinations.
Baggage
Transport of the baggage by plane is free of charge up to the weight defined by the airline company. The customer pays for the excess baggage according to the current prices of the airline company. Regardless of age, children are not entitled to a free of charge baggage transport in air transport. In case of bus transport, a customer may bring 2 pieces of personal baggage along. Customers are obliged to take care about their belongings brought onto a bus and are obliged to bring them along whenever leaving the bus. Otherwise, the customers alone will be responsible for theft, loss or damage of objects left unattended in the bus.
Complaints
We stress that it is in customers’ best interest to write down a complaint in the book of complaints directly with the service provider, who will endeavor to provide the agreed service, i.e. correct the mistakes. If there is no improvement even after the complaint, the customer should ask for a certificate from which it is evident that the service has not been provided in the stipulated way. The customer is to enclose the certificate to his/her written complaint. The customer is to make a written complaint at the latest 8 days after the end of the travel. If the customer makes a written complaint after the expiry of that term, Poseidon is not obliged to take such a complaint into consideration. For resolving of the complaints on services abroad, it is obligatory to comply with the rule of reporting the complaint with issuing of the certificate on the very spot, and the deadline for submitting of the complaint. The organizer is obliged to make a written resolution regarding the complaint within 14 days after the receipt of the complaint, and it can postpone the term for making the resolution about the complaint in another 14 days on account of collecting the information. The organizer will resolve only such complaints which could not have been eliminated at the very place of the stay. While the procedure of resolving is under way, and 14, i.e. 28 days after lodging of the complaint at the most, the customer waives the right of mediation by any other person, the arbitration by UHPA or another institution, as well as providing information to the media. During the same period of time, the customer also waives the right to a lawsuit. The maximum amount of compensation per complaint may reach the amount of the advertised part of services, but it may not include the services already used, or the entire package amount. In the case of concluding the convention "Fortuna system," the customer has no right of complaining to the accommodation. The customer and Poseidon will endeavor to resolve disputes in mutual agreement, and, on the contrary, they stipulate the competence of the court in Varaždin. The competent law will be the Croatian law.
Poseidon's obligations
Poseidon is obliged to take care about providing of the services, as well as about the choice of service providers with the care of a good businessman and to take care about the customers' rights and interests in compliance with good practices in tourism. Poseidon is obliged to provide to the customer all the contracted services for a particular package, and to provide answers in case of eventual failures of performing the services or a part of services. Poseidon will fulfill all the mentioned obligations from its programs completely and as described, except in the case of Force Majeure or changed circumstances. In such cases, Poseidon will offer a substitute solution if that will be possible. Poseidon is not obliged to provide services beyond these Terms and Conditions. Poseidon is not liable for any print errors.
Customer's obligations
The customer is obliged to take care that he/she personally meets the conditions anticipated by the regulations of the Republic of Croatia and the country through which or to which he/she travels, and to observe the house rules in hotels and other facilities, as well as to cooperate with the representative of the organizer and with service providers. The customer will be personally responsible for any damage he/she causes, particularly for the damage as the consequence of failure to observe the contract and these General Terms and Conditions. The customer will cover the damage he/she caused immediately at the hotel reception desk and at another place stipulated by the physical or legal person to which he/she caused the damage.
Liability insurance
According to the law on providing services in tourism, Poseidon has concluded with the insurer liability insurance for any damage that the agency could have caused to the customer by un-fulfillment, partial fulfillment or careless fulfillment of the obligations relating to the package-arrangement.
Warranty in case of insolvency or bankruptcy of tour organizer
According to the law on Tourist Activity, in case of insolvency or bankruptcy of Poseidon, the customers caught by that while travelling, as well as persons who had paid down payments for a travel should contact the provider stated on the travel certificate or on another corresponding document as soon as possible.
Personal information protection
The customer provides personal information voluntarily. Customers’ personal information is necessary for realizing sought services. The same information will be used in further mutual communication. Poseidon is obliged not to transfer personal information abroad or give to a third party, except for realizing sought services. An exception to providing personal information to third parties concerns contracts towards cancelation insurance, insurance from consequences of accident and illness, insurance from risk of damage and loss of baggage and voluntary health insurance of persons during travelling and staying abroad. If a customer signs a travel insurance policy, information will be forwarded to an insurance company. Customers’ personal information will be stored within a database, in accordance to a Board decree on ways of handling and storing of personal information. The customer agrees that his/hers personal information can be used in Poseidons’ marketing projects.
Final provisions
These General Terms and Conditions are an integral part of the Contract that a customer concludes with Poseidon, i.e. an authorized travel agency in which he/she booked a travel organized by Poseidon. Possible/anticipated deviations from these Conditions must be stated with the text of the tour program, if concerning tour operators - foreign travel organizers. By signing the contract, the customer fully accepts the program and the conditions of the travel. This issue of the Terms and Conditions of travel rules out all the earlier issues.
