General terms and conditions for excursions, trips and rentals

1. Introductory note

These General Conditions govern the mutual relations between Eos Travel Agency (One click holiday j.d.o.o., Okruški put 3, 21 223 Okrug Gornji, Croatia ID CODE: HR-AB-21-060325314) as the organizer of the excursion or an authorized intermediary (hereinafter referred to as the Agency) and a passenger or a tour operator when a tour operator enters into a contract for the benefit of a third party as a passenger (hereinafter referred to as the “Customer”) in connection with the organization of a trip. The commodity that is the object of the sale is one of the services offered on the website (trip, excursion, tour, rental service).

The tour organizer is indicated on the Certificate of Trip Purchase (voucher / account) as the responsible organizer (hereinafter: Tour organizer). If another tour agency or direct service provider other than the Agency is designated as a tour operator, the Agency acts as an authorized intermediary.

These Terms and Conditions define the ordering procedure, the payment process and the application of products and services offered through the website.

The website may be used for private purposes, free of charge, in accordance with the Terms and Conditions defined herein.

The agreement between Customer and Agency comes into force as soon as Agency provides written confirmation of a booking to Customer by any means. Customer undertakes to fulfil the obligations contained within these terms and conditions.

2. Content of the excursion

Contents of day excursions, trips and transfers define everything that is included in the price and Agency stated in the programme. Listing of each tour on the Agency’s website consists of a detailed program including itinerary, prices, trip description, included and excluded services and all other necessary information. Additional information may be requested via email regarding any tourist services for which the company is registered.

The content of the excursion makes, or the price of the excursion includes, all that is stated in the excursion program listed on our website. Some special and additional services (transfers, additional meals, tickets, tips, etc.) that are not included in the published price of the trip, which the Agency can provide and include in the Contract, the traveller pays separately. If the price of any of the requested services that the Agency can provide is not specified in the program, the Agency will inform the traveller before the conclusion of the Contract. For special and additional services that the Agency cannot provide and include in the Contract and / or those requested by the traveller during the excursion and paid on the spot with the immediate service provider, the Agency shall not be responsible as the organiser of the excursion regardless of the assistance provided by the Agency representative to provide the traveller with the provision of these services and with information on the indicative prices of these services. The Agency may anticipate and require the Customer to pay certain services on the spot in the currency of the country in which he is located or to pay in advance the fees, fees or tickets specified by special regulations charged by the Agency on behalf of another person and for another person’s account and whose amount cannot be affected, which are necessary for the realization of the service or excursion. For services paid on the spot, the Customer submits a possible complaint directly to the service provider. The Agency will inform the Customer in due time about the existence, amount and any changes in the payment regime of the mentioned fees.

3. Promotional materials and notices

The Agency is not responsible for any errors in the press or for subsequent changes in new issues of promotional materials and programmes that were brought to the attention of the Customer prior to the conclusion of the Agreement. In accordance with the regulations, employees of the point of sale are obliged to make available to the Customer promotional material and General Conditions of excursion, in written or electronic form, to provide appropriate notification of basic border formalities and other travel and residence formalities at the place of destination and the time required to complete these formalities. The notifications received by the Customer at the check-in point do not bind the Agency to a greater extent than the notices and information provided in the excursion programme itself. The Agency assumes no responsibility for any oral or written information that is inconsistent with the description of the Travel Service and the General Terms and Conditions applicable to the said travel received by the Customer from the sales staff, by telephone, in writing from an unauthorized person or otherwise.

4. Booking process and payment

The Customer orders the product or products by website, e-mail or phone. Every person ordering at least one product, providing the requested information and sending the order via webpage, e-mail or phone is considered a Customer.

4.1. The booking process is conducted in the following manner:

– The Customer selects the preferred trip, excursion, tour or rental listing on the website and sends e-mail inquiry or online order through website

– The Customer fills out the form for the selected service or sends e-mail, providing the necessary information such as the date and time of service (trip, excursion, tour, rental service), number of persons in the group, specifications regarding the number of adults and children in the group and any other information deemed necessary for booking the trip

– After receiving e-mail inquiry or online form, our booking agents process the inquiry and send reply to the Customer about the availability of the service and provide the Customer with the final overview of all the information agreed before the final order confirmation

– The Customer confirms the order by paying the required deposit payment or the full amount of the trip. The amount of deposit payment required to confirm the booking varies between 15 and 30% of the total price. The exact deposit amount for each trip, tour, rental service or excursion is stated on each listing and the Agency’s representatives will inform the Customer about the required amount before the payment process begins.

4.2. Agency provides the following payment methods when purchasing selected excursions or rentals:

4.2.a. Secure online payment by credit card

During the process of confirming your booking, our booking agents will send you a payment request in the form of a link through MyPOS servers, which is our secure online payment provider. MyPOS is PCI DSS certified and protected to ensure maximum security and reliability. The credit card is charged in Croatian kuna (Kn). For trips or rentals with prices listed in euros, the amount of Croatian Kuna that the credit card is charged with is obtained by conversion of EURO into Croatian Kuna according to the exchange rate determined for price lists (medium rate of the Croatian National Bank). The amount that is charged on the Customer’s credit card in Croatian Kuna shall be translated into the client’s national currency by the card company applying the valid foreign exchange list of the client’s county. Please mind that prices stated on our websites in EUR are only approximate and used for Customer’s easier understanding. As a result of this conversion there is a possibility of a slight difference from the original price stated on our website.

4.2.b. Payment via bank transfer

Customer will receive Agency’s bank account information by e-mail and will have two working days to make the payment and to send the Agency bank statement to show the payment was made. Upon receiving the payment, Agency will send to the Customer the confirmation (Voucher) and all the details regarding the trip via e-mail or phone. Payments by bank transfers can be made in Euros or Croatian Kuna, based on the conversion rate on the date of payment.

4.2.c. Payment in Agency’s offices

We accept cash payment (HRK) and credit card payments (Visa, Mastercard, American Express, Bancontact, Google pay, Apple pay) in our office. In the same way as when paying the required deposit with credit card using online payment systems, when paying with credit card in our office and booking points the Agency will draw the required amount from Customer’s credit card in Croatian currency (HRK). The Credit Card Company or Bank will convert this amount to the currency of the Customer’s credit card account. Please mind that prices stated on our websites in EUR are only approximate and used for Customer’s easier understanding. As a result of this conversion there is a possibility of a slight difference from the original price stated on our website.

The service which is the object of the sale is considered ordered when the Customer selects it, confirms the manner of payment and successfully finalizes the credit, debit card authorization or bank transfer process or pays for the service in our office or one of our booking points.

Upon the finalisation of the payment process, the Customer is provided with the voucher that serves as confirmation of the purchase and the payment. The voucher contains the following information, which clearly define the ordered service and the clients: voucher number, service ordered, date of service use (departure date), possible time of service use (departure time), possible date and time of service expiration, price of the service, number of customers, possible departure location and remaining amount to be paid to the trip provider at the start of the service.

Customers are provided with invoices that include VAT according to the Croatian law.

5. Itinerary

The itinerary program equally binds the Traveler and the Tour organizer. Customer must comply with the time of departure specified in the excursion program, voucher or given by representatives of the Agency during the booking process, along with all other instructions and information provided by the Agency representative, tour guides, drivers or skippers regarding the realization of the itinerary. If the Customer is disconnected from the group prior to receiving the appropriate notice of the time and place of the reunion of the group and the continuation of the journey, the costs and any damage that may be suffered cannot be charged to the Agency. The Agency and the provider of the tour reserve the right to continue the journey without the Customer who does not appear in time at the point of departure or continuation of the journey, and the Customer’s unavailability shall be deemed to be the cancellation of the excursion.

All of the tours and excursions listed on Agency’s website are held outdoors, therefore affected by weather and traffic conditions, situation on premises and all other unforeseen circumstances and as such the tour guides/drivers/skippers may adjust the itinerary to optimize your experience.The Agency shall not be held liable if any activities and facilities that depend on weather and natural occurrences may not be carried out in accordance with the Travel Program or the Customer’s expectations. In addition, the Agency and Tour organizer are not responsible for any inconvenience due to weather conditions (turbulent sea, heavy rainfall, etc.) which may result in the inability to carry out all the contents according to the excursion program or changes in the order or duration of certain contents.

6. Prices

The excursion and rental prices are published in the excursion listings on the Agency’s website in Croatian kunas, Euros or both. The Agency reserves the right to change the price no later than 7 days before the start of the trip 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 (air and other ports etc .) that affect the price of the excursion. In the case of a smaller number of persons reporting than the required minimum for the program, the Agency or Tour organizer may propose a change of price or cancel the excursion with the refund of the paid amount of the excursion price. The increase in the price is calculated in the same percentage as the changes in the calculation elements mentioned above. In case of an increase in the price, the Traveler has the right to terminate the excursion contract, and in that case the Traveler is entitled to a refund of the then paid price without the right to compensation for damage and any costs of insurance and similar expenses.

7. Changes to the program and cancellation of the excursion

The Agency will promptly inform the traveller of any changes to the excursion program. The Agency may cancel the excursion or make changes to the program at any time if, before the start or during the excursion, exceptional circumstances arise which cannot be prevented, avoided or eliminated (war, unrest, strike, terrorist acts, sanitary disturbances, natural disasters, traffic accidents, sudden and unusual traffic jams, interventions by competent authorities, sudden changes in timetables, delays of aircraft and other means of transport, weather, etc.), which, if they occurred at the time of the conclusion of the Contract, would be a justified reason for the Agency not to conclude excursion agreement.

Specifically, the boat tours listed on Agency websites depend on the weather conditions and the Agency reserves the right to change the date of departure in case of unfavourable weather conditions. In case of unfavourable weather conditions the Agency will organise the excursion on the next suitable day or will provide full refund to consumers. Please bear in mind that our clients’s safety is our first concern.

In particular, the Agency reserves the right to change the day and hour of departure due to a change in the timetable or occurrence of the above mentioned circumstances, as well as the right to change the direction of travel due to changed circumstances, without compensation for the Customer and the applicable travel regulations. The Agency shall not be liable for delays in the aircraft, ship or train as well as for changes to the program and the costs incurred due to such delays. The Agency reserves the right to cancel the excursion in whole or in part if it does not conclude excursion contracts for the minimum number of Customers specified in the program. In these cases, the Customer 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.

In the case of cancellation, the Agency may offer to the Customer the next suitable day of departure or other excursion. The Customer shall without delay have to indicate whether he accepts or refuses the modified or alternate excursion. If the Customer refuses to make changes and replaces or does not agree with the Agency’s offer, then the Contract is terminated and the Customer is entitled to a refund of the then paid price without the right to compensation and any costs of insurance and similar charges.

In case of accepting an amended contract or substitute excursion, the Customer has no claims against the Tour organizer or agent on any legal basis except the right to refund the part of the price if the replacement trip has a lower price.

8. Cancellation by Customer and Refund policy

Cancellations by Customer must be made in written form to the Agency prior to the tour departure to be confirmed as cancelled. In the event of cancellation if a refund is applicable it will be made within 14 days of our receipt of your written cancellation request. The cancellation fee will be calculated as follows:

GROUP TOURS (boat, land or adventure tours and day trips)

For a reservation cancelled up to 24 hours before the departure time, full refund of the paid amount will be provided.

In case of cancellations made less than 24 hours before the departure time, no-show or arriving late for the excursion, no refund will be given. If the Customer cancels the service after it began, 100% of the total amount of the reservation will be charged

PRIVATE TOURS (boat, land or adventure tours and day trips)

For a reservation cancelled up to 48 hours before the departure time, full refund will be provided.

In case of cancellations made less than 48 hours before the departure time, no-show or arriving late for the excursion, no refund will be given. If the Customer cancels the service after it began, 100% of the total amount of the reservation will be charged

RENTALS (boat, car and scooter)

For a reservation cancelled up to 72 hours before the arranged pick up time, full refund will be provided.

In case of cancellations made less than 72 hours before the arranged pick up time, no-show or arriving late for the pick-up, no refund will be given. If the Customer cancels the service after it began, 100% of the total amount of the reservation will be charged

If the Customer is prevented from commencing a reserved tour, day trip or excursion and is not eligible for a refund, he may designate a third party as a substitute passenger to use the services contracted instead and shall promptly notify the Agency in writing. The Agency will accept a third person named as a replacement passenger if it is timely notified, if a third party meets all the conditions for a trip, if there are no statutory or other prescribed obstacles preventing the replacement of passengers and if it is possible to make a reservation change. Before the commencement of a trip, the replacement traveler or Customer is obliged to compensate the Agency for any additional costs caused by the replacement of the passenger if they exist.

9. Customer’s obligations and responsibilities

Customer must inform the Agency in writing of any medical condition that requires attention or medication before your tour or excursion commences. This in particular regarding Customers who join tours which include a lot of walking on uneven surfaces and require one’s good physical condition. The Agency advises the Customer to carefully read the descriptions of the tours they are interested in, especially the listed restrictions if they exist.

Customers are obligated to read information and advice about the tour they participate in and to dress according to weather conditions. Agency denies any liability in that case.

During the tour, tour guide may take photographs and films of Customer (as part of a group) and these may be used in brochures, advertising and publicity material and/or social networks with Customers consent.

10. Travel documentation

Customers joining tours to other countries (e.g. Slovenia, Bosnia and Herzegovina or Montenegro), including the tour to Dubrovnik, must be in possession of a valid travel document and necessary visas or permits at the commencement of the tour. All such documentation is the sole responsibility of the Customer. Agency accepts no responsibility or liability whatsoever for the failure of clients to obtain appropriate documentation. No refund will be granted in case of lack or loss of ID documents.

11. Luggage liability

The Agency is not responsible for lost, damaged or stolen luggage or personal belongings during the tour, day trip, excursion or when renting a vehicle. The Customer is obliged to take care of his belongings during transport (bus, boat, van, vehicle, etc.) and must take them with him when leaving the vehicle. Otherwise, the Traveler is liable for theft, loss or damage of the items left in the carriage of the means of transport without their supervision. Lost or stolen luggage is to be reported to the tour guide/driver/skipper or to the relevant police station.

12. Complaints

If a Customer objects to the excursion for a non-fulfillment or a failed fulfillment of a contracted service, he/she shall abide by the tour operator’s/service provider’s instructions and cooperate with the tour operator’s representative to remove the cause of the complaint from the place of service.

In case of non-fulfillment or irregular fulfillment of services from the arranged excursion or day trip organized by the Agency, the Customer may initiate the complaint procedure prescribed by these General Conditions in order to eliminate the irregularities observed. Immediately after a perceived failure at the point of service provision, the Customer is obliged to file a complaint for inadequate service to the person who provided the service in the presence of a representative of the Agency.

The Customer is obliged to cooperate with a representative of the Agency and the service provider in good faith to eliminate the causes of complaint. If the Customer does not accept on-site the offered complaint solution corresponding to the contracted service, the Agency does not have to accept the subsequent Customer’s complaint. In the event of a complaint or claim for compensation, Customer can either visit the offices of the Agency or inform us by email (contact@eos-croatia.com) or regular mail (One click holiday j.d.o.o.,Okruški put 3, 21 223 Okrug Gornji) in writing within 8 days from the end of your tour.

The Customer is obliged to explain the allegations and present them. The Agency will only deal with fully documented complaints that it receives within the specified period of 8 days and make a written decision on the objection of the Customer within 15 days of receipt of the complaint from the point of sale. The Agency may postpone the deadline for resolving the complaint by another 15 days to collect information and verify the complaint’s allegations with the service provider. Until the Agency has rendered a decision, up to a maximum of 30 days from the filing of a written complaint, the Customer waives the mediation of any other institution or judicial institution and waives the provision of information in the media and the media. Likewise, within the stated 30-day period, the Customer waives the right to sue.

A proportionate reduction in the cost of a complaint may reach the amount of unused portion of the services, and compensation for damage incurred by default, partial fulfillment or failure to fulfill obligations is limited to the amount of the excursion price. This excludes the Customer’s right to compensation for actual damage.

Each customer complaint is submitted separately. The Agency reserves the right to reject group complaints, complaints that do not arrive on time, complaints found to be remedied at the place of provision of services and if the Customer did not cooperate with the organiser’s representative or tour provider.

13. Excursion organized by other organizers / tour operators

For all excursions where the Agency’s main organizer applies these General Terms, except where the Agency is an intermediary or not the main organizer of the excursion. The Agency acts as an organizer in the following tours: Krka Waterfalls & Skradin; Krka Waterfalls with Šibenik and Primošten and Airport transfers. For all other tours, excursions, trips and rentals listed on the website the Agency acts as an authorized intermediary and the general conditions of the responsible organizer are applied to them. The Agency is not responsible for the excursions, trips or rentals of other service providers.

14. Final Provisions

Provisions of these General Terms and conditions do not apply if the parties before conclusion of the agreement individually negotiated on them, and the other party thereby may affect their content like subject and the price of the contract if they are clear, understandable and easily distinguishable.

By purchasing a service, the Customer shall voluntarily make available personal information to the Agency/ Tour organizer and allow it to be used for the purpose of carrying out excursions and rentals and protecting the interests of the Customer in all matters relating to the contracted excursion / service. The same includes the forwarding of personal data to third parties in the country and abroad necessary for the realization of a contracted service. Personal data may also be used for further mutual communication and delivery of the Marketing Message of the Agency. The Agency undertakes to keep the personal data in the database according to the Agency’s decision on the manner of collecting, processing and keeping personal data.

By purchasing the trip, the Customer fully accepts the program and these Terms and Conditions. The issue of these Terms and Conditions makes all previous versions null and void.

All potential disputes that cannot be resolved by mutual agreement will become subject to the decision of the Split Court jurisdiction.

In Trogir, December 9, 2021

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