Terms & Conditions

Travel Contract and General Conditions and Directives for Package Travels

1 Subject Matter of the Contract

The subject matter of this Contract and General Conditions and Directives for Package Travels (hereinafter: package) is the regulation of mutual relations between the travel organizer – Travel Agency Anatevka j.d.o.o. (hereinafter: ANATEVKA) and the traveler, i. e. travel contractor in the case where the travel contractor concludes this contract on behalf of a third party (hereinafter: TRAVELER). This Travel Contract also contains General Conditions and Directives for Package Travels, i.e. it refers to the published travel program which contains all the information necessary for the package or the arrangement.

The Contract is considered binding after it is signed by an employee of ANATEVKA (or an employee of any other company authorized for the sales of ANATEVKA’s packages) and by the TRAVELER, upon the total payment of the package or upon the payment of a portion of the total cost if the TRAVELER has indisputably insured the payment of the remaining amount by the agreed date. If the TRAVELER is unable to sign the Contract personally, the Contract assumes legal effect only when ANATEVKA receives the entire agreed payment of the cost of the package or, if such is specifically agreed upon, a portion of the agreed payment and the documentation by which the payment of the remaining portion is indisputably insured by an agreed date. The traveler may register for a voyage in branch offices of ANATEVKA and of other authorized agencies personally, by telephone, by internet or any other means of remote communication. When concluding a Contract, the TRAVELER is obliged to provide their personal data as well as duly supply all the documentation necessary for the organization of the voyage. The TRAVELER guarantees ANATEVKA has been provided with accurate and valid data necessary for the unhindered realization of the voyage and accepts all the legal obligations deriving from this Contract and from the legal regulations.

2 Reservations and Payments

To confirm the reservation, the TRAVELLER pays 30% of the cost of the package(unless the program or a separate contract/offer states otherwise) during registration. The payment of the remaining cost should be made no later than 21 days before the beginning of the trip or the documentation guaranteeing the indisputable payment of the total cost of the arrangement is provided. If the TRAVELER does not fulfill their obligations no later than 21 days before going on the trip, the reservation will be considered canceled without the possibility of refunding any advanced payments.

For all reservations, including reservations “upon request” (when there is no place in a specific arrangement at the moment of TRAVELER’s registration, but ANATEVKA is able to insure additional space), an additional reservation fee is charged in the amount of 75 HRK (per Contract). 

In the event that less than 21 days remain before the beginning of the voyage for an “upon request” reservation, an adequate portion of the arrangement cost will be paid, according to the conditions stated in the Article 8 of this Contract.

ANATEVKA undertakes to process such a reservation “upon request” within two business days (Saturday is not considered a business day) as well as notify the TRAVELER therein orally or in writing. In case that ANATEVKA does not notify the TRAVELER about the executed, or is unable to ensure the reservation of a requested arrangement within the stated term, the full paid sum in its entirety will be refunded to the TRAVELER.

In the event that the TRAVELER does not accept the requested reservation which has been confirmed by ANATEVKA, the payment fees including reservation fees, are not refunded.

To confirm “Last minute” reservations, the Traveler is required to make the full payment immediately or to undoubtedly ensure the payment of the entire cost of the arrangement.

3 Categorization and description of services

The offered accommodation and other facilities in ANATEVKA’s programs are described according to the official categorization in the country of travel at the moment of the program issuance. May we point out that local categorization of accommodation and other facilities in individual countries differ greatly. Accommodation, food, comfort and other services are under control of local and national tourist authorities, and the standards of accommodation and services are different and cannot be compared. ANATEVKA does not assume responsibility for any oral or written information which is not in accordance to the description of services and facilities in ANATEVKA’s programs valid for the voyage in question, and which is issued either by an ANATEVKA’s employee or some third party.

The accommodation arrangement in rooms or apartments is determined by the reception desk staff at the place of stay.

Unless the TRAVELER had specifically arranged the type of accommodation (room, apartment etc.) with special characteristics, they will accept any officially registered room/apartment available described in the travel program. Accomodation is usually possible after 16:00 on the day initiating the utilization of the services and the same shall be vacated by 10:00 on the day completing the utilization of services, if not stated differently in the travel program. For individual arrivals into the accommodation facilities by own transportation after 20:00, it is necessary to inform ANATEVKA beforehand and no later than 24 hours before voyage departure, unless such a later arrival had been foreseen in the travel program itself.

4 Costs

The prices of packages are advertised in the travel programs and are valid from the day the program is published. The prices stated in ANATEVKA’s programs are based upon special contracts with partners in other countries and do not have to conform with the prices advertised on the spot in the traveler’s place of stay, so the possible price difference cannot be the subject to complaints.

The travel organizer may anticipate that the TRAVELER pay on the spot and in local currency for specific services used abroad. Any complaint for the services paid for on the spot, are to be submitted directly to the executor of the services.

ANATEVKA can request the rise in agreed package price no later than 20 days before the trip, due to any of the following: a rise in currency exchange rate, a rise in some of the aspects of the services included in the package, especially higher transport cost, fuel costs,   taxes (e. g. in airports, ports etc.) rise in accommodation prices, which affects the travel cost. In that case, the package price will be raised reciprocally to the rise of the elements upon which the price is formed. The TRAVELER is obliged to accept the rise of agreed upon price up to 8%. If there is the rise of agreed upon price greater than 8%, the TRAVELER has the right to cancel the arrangement but is obliged to inform ANATEVKA about this within 2 business days after the received notification. In case of cancellation, the TRAVELER does not have the right of damage compensation. If the TRAVELER does not deliver their cancellation to ANATEVKA in written form and within the stated time period, it will be assumed that they agree with the price change and they shall pay the additional cost by an agreed upon deadline and in conformity with the Contract. At the TRAVELER’s request, ANATEVKA obliges to provide the reason for price rise in written form and with appropriate documentation.

5 Travel documents, respecting regulations

The TRAVELER that registers for a voyage must possess valid travel documents. During registration or by the deadline stated in the program, the TRAVELER is required to provide ANATEVKA with all the data and documents necessary for the realization of the trip into the countries of travel. In case that the TRAVELER does not fulfill the stated requirements or their visa application is denied, it shall be considered that the TRAVELER has canceled the trip and in that case the conditions of cancellation by the traveler from the article 8 of this Contract will be applied.

The TRAVELER is obliged to respect all customs, currency and other regulations. If the TRAVELLER cannot continue the voyage due to lack of conformity to regulations, they shall solely bear all the concurring costs and consequences of the same. If the TRAVELER loses the travel documents or finds them stolen during the voyage, they are obliged to ensure new documents at their own cost, with ANATEVKA’s obligation to provide help within its means. The TRAVELER is obliged to secure that they personally, their documents and luggage fulfill conditions prescribed by visa, border, customs, health and other regulations, to comply with the house rules inside accommodation and other facilities as well as to cooperate with representatives of travel organizer and service providers in good faith. In the event of non-compliance with the stated obligations, the TRAVELER is responsible for any incurred damage, and ANATEVKA renounces all responsibility for such damage. In such a case, the amount of damage shall be settled by the TRAVELER to the owner of the facility (hotel, pension, etc.) at the reception desk. During the signing of the Contract, an employee of ANATEVKA shall inform the TRAVELER on the sources of information on the country of travel. It is recommended to each TRAVELER that they inform themselves on the websites of Ministry of Foreign Affairs. ANATEVKA may refer the TRAVELER to a source of information, but in no case does it assume any responsibility for the consequences that may result for the TRAVELER due to irreverence of such regulations. Invalid travel documents, i.e. rejection of visa that results in cancellation of the trip, does not bind ANATEVKA in any way and the conditions of cancellation according to this Contract are applied. ANATEVKA declines all responsibility for the damage resulting from irreverence to the regulations in individual countries or such that results from invalid or void travel documents.

6 Travel Insurance

In accordance with the Law of Providing Services in Tourism, employees of ANATEVKA are obliged to offer “a travel insurance package” to the TRAVELER, consisting of: voluntary health insurance during their stay abroad, insurance against accidents, baggage insurance and travel termination insurance. By signing the Contract, the TRAVELER confirms that they have been offered a travel insurance package.

At the TRAVELER’s request, the mentioned insurances can be arranged directly at an insurance provider or at ANATEVKA, where ANATEVKA acts only as an intermediary. Upon signing of this Contract it shall be considered that travelers have been offered and recommended the insurances stated in the previous paragraph.

7 Travel termination insurance

In the event where the TRAVELLER anticipates a possibility of cancellation of the travel due to specific situations, we recommend the purchase of a Travel Termination Insurance policy. The travel termination insurance policy cannot be purchased subsequently, but only and exclusively during the process of travel registration.

Travel termination insurance is valid only in the following cases and with a mandatory written proof issued by competent institutions, i.e. a physician: military draft, illness, death of an immediate family member.

If the traveler does not possess a Travel termination policy but has to terminate the trip and has the proof of military draft, illness or death, ANATEVKA reserves the right to disbursement according to the regulations cited in the Article 8 of this Contract.

Upon termination of package, the cost of visa acquirement is not disbursed even in the case where the TRAVELER has purchased a Travel termination policy. By purchasing a Travel termination insurance policy, the TRAVELER transfers all their claims to the insurance company whose termination policy they possess, and ANATEVKA undertakes the obligation to provide all the data necessary for realization of the TRAVELER’s claims toward the insurance company, relative to the package. All conditions of termination are stated in the insurance policy and we recommend to every passenger to read them and become acquainted with them personally and in detail.

8 Cancellation of the voyage by the TRAVELER

In the event of cancellation of a paid arrangement by the TRAVELER, ANATEVKA retains the following amount of the total cost (if the program does not specify otherwise):

European voyages, vacations, ski trips

– up to 30 days before departure, 30% of the travel arrangement price, no less than 100 HRK

– 29-22 days before departure, 40% of the travel arrangement price

– 21-15 days before departure, 50% of the travel arrangement price

– 14-8 days before departure, 80% of the travel arrangement price

– 7-0 days before departure, 100% of the travel arrangement price

Exotic voyages, foreign language courses

– up to 30days before departure, 30% of the travel arrangement price

– 29-15 days before departure, 80% of the travel arrangement price

– 14-0 days before departure, 100% of the travel arrangement price

Cruises

– up to 46 days before departure, 30% of the travel arrangement price

– 45-31 days before departure, 40% of the travel arrangement price

– 30-16 days before departure, 50% of the travel arrangement price

– 15-18 days before departure, 80% of the travel arrangement price

– 7 – 0 days before departure, 100% of the travel arrangement price.

The stated expenses apply to changes in departure dates and accommodation, as well as to  all other significant changes.

ANATEVKA charges only actual substitution expenses if the TRAVELER-contractee terminates the travel contract and finds another client for the same reservation that satisfies all conditions for consuming the stated travel arrangement.

9 Cancellation of voyage by ANATEVKA or change of travel program

If ANATEVKA significantly changes the program, accommodations or prices before the beginning of the voyage, it is obliged to inform immediately the TRAVELER thereof, and in written form. The TRAVELER may either accept or refuse the amended program within 2 business days upon the receipt of ANATEVKA’s notification. If the traveler refuses the amended program in the stated period of time, ANATEVKA will be obliged to refund the paid portion of price to the TRAVELER within 14 business days. In the event of acceptance, the substitute travel arrangement that ANATEVKA has offered shall be considered the new travel contract, where the traveler resigns the right to all claims towards ANATEVKA from any legal basis derived from the initial contract.

If ANATEVKA had not offered the greater part of the contracted services or if it estimates that it will not be able to ensure the fulfillment of a greater part of contracted services, ANATEVKA may change the program for the continuation of the voyage at its own expense and with the TRAVELER’s compliance, and if need be compensate the price difference between the contracted and actual services offered to the TRAVELER. With the TRAVELER’s written consent, ANATEVKA may substitute the unfulfilled portion of the service with another service, where the TRAVELER renounces any rights to seek claims from ANATEVKA for so mutually contracted and amended portion of the journey in regards to the concluded travel contract.

If ANATEVKA was not able to amend the travel program in an appropriate manner or if the TRAVELER does not accept the changes due to justified reasons, ANATEVKA will enable the return of the TRAVELER to the departure point or some other point if the TRAVELER agrees with such, and reimburse any damage the TRAVELER sustained in doing so. The damage is paid as the portion of the costs of the unused part of the program, on the basis of the traveler’s complaint. ANATEVKA will resolve the complaint in the manner stated in Article 10 of this Contract. The largest amount of compensation cannot be greater than the cost of the contracted package.

ANATEVKA is authorized to completely or partially terminate the contract by a unilateral statement, without the obligation of damage compensation to the TRAVELER, in the event of external uncommon and unpredictable circumstances that could not have been prevented, avoided or eliminated; had they existed at the time of concluding the Contract of travel arrangement, it would have been a justified reason for ANATEVKA to not conclude the Contract. In such a case the TRAVELER has the right to reimbursement of the paid amount in its entirety i.e. the difference in the cost between the contracted and offered services, within 14 days after the contract termination.

ANATEVKA reserves the right to cancel voyages, no later than 20 days before the beginning of the voyages that last longer than 6 days, in the event that the cancellation is the result of too small number of registered travelers.

For voyages of 2 to 6 days of duration, ANATEVKA may cancel such a voyage no later than 7 days before departure; for 2-day voyages, ANATEVKA may cancel it no later than 48 hours before departure. In all the stated cases, ANATEVKA shall reimburse the travelers for the entire payment for the mentioned voyage, within no more than 14 business days.

ANATEVKA reserves the right to cancel a travel, change the date or hour of travel due to changes in flight schedules or due to the occurrence of unforeseeable circumstances, as well as the right to change the direction of travel if the conditions of travel change (flight schedule change, security situation in a specific country, natural disasters or other situations where ANATEVKA has no influence), without damage compensation, in accordance with valid regulations in domestic and international traffic.

In the event where further continuation of the voyage is impeded by exceptional circumstances over which ANATEVKA has no influence, ANATEVKA is obliged to ensure up to 3 nights’ accommodation in adequate type of facility in conformity with the Travel Contract; concerning the transportation, it shall act in compliance with EU legislation regulating such issues.

ANATEVKA does not assume any responsibility for unforeseen circumstances and force majeure during the voyage. In such a case, it may ensure services in respect to the given situation. ANATEVKA shall not be held liable for eventual printing errors of programs in the context of brochures/catalogs as well as for erroneous inputs of data by the operator of ANATEVKA’s websites.

10 Resolution of complaints

The TRAVELER has the right to object for an unfulfilled contracted service. The TRAVELLER is obliged to issue a written complaint to ANATEVKA within 15 days upon the finalization of the trip. Complaints issued after the 15 day deadline will not be taken into consideration. We emphasize that it is TRAVELER’s obligation to act in good faith and to show the will to solve the problem during the voyage submitting his written complaint to the service provider on the spot (reception desk, transport operator, caterer or travel agency in the destination) and to seek a written confirmation from the service provider that they have received the complaint. Each TRAVELER issues a complaint individually. ANATEVKA shall not take group complaints into consideration. ANATEVKA is obliged to provide a written resolution of a complaint within 15 days upon the reception of the same and in the same form the complaint is received (e-mail, mail or personal  delivery where it will be responded to through a written package with a return receipt.) ANATEVKA shall solve only those complaints where the TRAVELER provides the evidence that he had submitted a complaint to the service provider on the spot and that the cause could not be removed on the spot. If through the fault of ANATEVKA the program or a part of the service was unfulfilled, the TRAVELER has the right to compensation to the height of the real value of the unused service, but this cannot include already used services as well as the entire amount of the package.

In case of concluding “last minute” travel contracts or contracts where the TRAVELER does not find out the accommodation title until the arrival at the destination (e.g. promotions like “last minute”, “roulette” “fortune”, “no name”, and such), where the name, location, and type of facility are not known beforehand, the TRAVELER accepts all inherent risks by signing the Contract. Such voyages involve unpredictable conditions which ANATEVKA cannot control in any way, and the traveler has opted for this kind of arrangement principally due to special price; therefore the TRAVELER does not have the right to object to ANATEVKA for the said reasons.

Until ANATEVKA reaches a decision on the TRAVELER’s complaints in written form and within the prescribed deadlines, the TRAVELER shall abandon mediation of any other person, court establishment or providing information to the media.

ODR Platform

In compliance with EU Regulation, all complaints for online purchases i.e. consumer disputes for products and services purchased online, customers can submit online. The EU Regulation (EU) 524/2013, has been applied since 9 Jan 2016.

According to Artivcle 14, Paragraph 1 of the said Regulation, all traders established within the Union engaging in online sales or service contracts, and online marketplaces established within the Union, shall provide on their websites an electronic, easily accessible link to the ODR Platform.

11 Health Regulations

The TRAVELER is obliged to notify ANATEVKA of all facts concerning their health, habits, etc. that may jeopardize the progress of the voyage (if they require a specific type of food due to health or other reasons, if chronically ill, if allergies are present, etc.) Some programs state special travel rules, which include mandatory vaccinations and the acquisition of pertinent documentation. The TRAVELER shall be obliged to execute mandatory vaccinations as well as be in possession of confirmation and documents thereof. We recommend obtaining a travel insurance or health insurance policy.

12 Baggage

The transport of baggage up to a specific weight, determined by transportation company, is free of charge. For air transportation, the TRAVELER pays for baggage excess in accordance to valid regulations and transporter’s prices. Children up to 2 years of age do not have the right to free baggage transport.

ANATEVKA does not assume responsibility for lost or damaged baggage. Lost baggage claims are directed to the transportation provider or the hotel. For air transportation, the airline is exclusively responsible for the baggage, based on regulations that are valid for air traffic. In the event of loss of baggage, the TRAVELER fills out the form issued by the airline that executed the transport and delivers the said form to the representative of the airline, keeping one copy. Based on the filled out form, the airline pays compensation pursuant to regulations that are valid for domestic and international passenger air traffic.

If the baggage is lost inside a hotel, the TRAVELER sends a claim to the hotel where the baggage loss occurred. We recommend obtaining a baggage insurance policy.

13 Insurance in case of insolvency of the travel organizer

In accordance with the Act on the Provision of Tourism Services, ANATEVKA has concluded a Contract on Insurance in Case of Insolvency of the Travel Organizer, for the event that the travel service is not performed, i.e. for the compensation of expenses of TRAVELER’s return to the departure point. In case of occurrence of the insured event, the TRAVELER should contact the Insurer as soon as possible: Adriatic osiguranje d.d., Listopadska 2, Zagreb tel: 01/3036666 or 0800 0606; e-mail: (Guarantee Insurance Policy Number: OV 068204266)

This document is valid as a Confirmation of Insurance in Case of Bankruptcy or Insolvency of the Travel Organizer.

14 Liability Insurance

In accordance with the Act on the Provision of Tourism Services, ANATEVKA has concluded a Liability Insurance Contract for damages caused to a TRAVELER by failure to meet obligations or by partially or inconsistently meeting obligations, with the insurance company Adriatic osiguranje, Listopadska 2, Zagreb, tel: 013036666 or 0800 0606; e-mail: , number: OV0682050025.

ANATEVKA’s employees shall notify the traveler of the content of the valid Liability Insurance Contract for damages that ANATEVKA may cause to the TRAVELER by failure to meet obligations or by partially or inconsistently meeting obligations relative to the package holiday. By signing this Travel Contract and General Conditions and Directives for Package Travels, the TRAVELER confirms that they have read and understood the content of the said Liability Insurance Contract.

15 Protection of personal data

The TRAVELER renders personal data voluntarily. Personal data are necessary in the realization process of contracted travel arrangements and shall be used for further communication exclusively in the interest of realization of the services contracted by the TRAVELER and the agency. ANATEVKA obliges itself to respect its travelers’ privacy and that the data are carefully stored  and accessible only to employees who need them to fulfill the contracted obligations. An exception to providing personal data to third persons applies to concluding travel insurance policy, i.e. if the TRAVELER concludes an insurance policy, their data will be forwarded to an insurance provider. The TRAVELER’s personal data will be stored in a database, in accordance with the Decision of the Board of Directors concerning methods of collection, processing and protecting personal data. The TRAVELER agrees that their personal information can be used for the purpose of realizing the agreed upon arrangement and for the marketing events of ANATEVKA, but he has the right to withdraw from those activities any time. ANATEVKA undertakes the obligation to store the data in a database, in accordance with the Law on Personal Data Protection, i. e. General Data Protection Regulation (GDPR).

 

16 Voyages organized by other organizers/tour operators

These General Conditions apply for all travel arrangements where ANATEVKA is the principal organizer, except in the event where ANATEVKA is a mediator i.e. is not the principal tour organizer. Such travel arrangements will be specially designated and General Conditions of the responsible organizer shall apply thereto, and ANATEVKA shall not be held accountable for the implementation of tourist travel arrangements by other organizers. By signing the contract, the TRAVELER accepts the program and the travel conditions in their entirety.

17 Information

Notifications received by the TRAVELER at the registration place do not oblige the organizer to a greater degree than the notifications and information stated in the travel program itself.

18 Final provisions

General Conditions and Directives for Travel Packages are integral part of Travel Contract concluded between the TRAVELER and ANATEVKA, i. e. authorized tourist agency where the TRAVELER has registered for a voyage organized by ANATEVKA.

The parties agree that all eventual disputable situations shall be settled by agreement. In the contrary case, in the event of a dispute, the legally amenable court is the Court of Zagreb, where Croatian legislation shall be used.

The appropriate authority to whose official supervision services of travel agency are subjected: Ministry of Tourism – Independent Sector of Tourism Inspection, Trg Republike Hrvatske 8/1, 10000 Zagreb

ANATEVKA j.d.o.o., za trgovinu i usluge,turistička agencija, Kalajžići 5, 21250 Žeževica, Šestanovac,  

OIB 04218952599,MBS 060323868

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