General Terms and Conditions

General conditions for package tour reservations and purchasing

MOTORATIA D.O.O. TRAVEL AGENCY
MIHAELA JURKOVIĆ, Operations Manager, Zatišje 8a, Zagreb

I. GENERAL PROVISIONS
II. DEFINITIONS AND INTERPRETATIONS
III. PERSONAL DATA PROTECTION
IV. RESERVATIONS AND CONCLUSION OF THE CONTRACT
V. TRANSFER OF THE CONTRACT
VI. PAYMENTS
VII. PACKAGE TOUR PRICE AND CONTENT
VIII. INCREASE IN PRICE BY THE AGENCY
IX. PRICE REDUCTION BY THE AGENCY
X. TERMINATION OF THE CONTRACT BY THE CONTRACTING AUTHORITY
XI. TERMINATION OF THE CONTRACT BY THE AGENCY
XII. CONTRACT MODIFICATION BY THE AGENCY
XIII. IMPOSSIBILITY TO COMPLETE A SIGNIFICANT PART OF THE TOUR
XIV. THE COSTS OF EMERGENCY ACCOMMODATION
XV. OBLIGATIONS AND RESPONSIBILITIES OF THE AGENCY
XVI. OBLIGATIONS AND RESPONSIBILITIES OF THE CONTRACTING AUTHORITIES AND  TRAVELLERS
XVII. TRAVELLERS’ COMPLAINTS
XVIII. INSURANCES OFFERED TO THE TRAVELLER 
XIX. GUARANTEE FUND FOR INSOLVENCY AND DAMAGE LIABILITY
XX. SPECIFICITIES RELATED TO MOTORCYCLE USE
XXI. COPYRIGHT
XXII. GENERAL TERMS AND CONDITIONS FOR AIRLINE TICKETS
XXIII. FINAL PROVISIONS

I. GENERAL PROVISIONS

(1) These General Terms and Conditions are an integral part of the Package Travel Contract l (“Contract”) concluded between the Agency as a travel organizer on one hand and the Contracting Authority on the other hand.

(2) These General Terms and Conditions apply only to package tours organized by the Agency, and not if the Agency mediates and / or sells the services of other travel agencies. In case of the latter, a responsible travel organizer will be indicated in the Contract and the general conditions of that organizer will apply and will be made available by the Agency to the Contracting Authority.

(3) In the event of any discrepancy between the provisions of the Contract and / or the Travel Program with these General Terms and Conditions, the provisions of the Contract or the Travel Program shall prevail. In the event of any discrepancy between the provisions of the Contract and the Travel Program, the provisions of the Contract shall prevail.

(4) In addition to the General Terms and Conditions, the passenger will receive a form with standard information for a package travel contract and the most important rights in accordance with the Services in Tourism Act, i.e.

1a) Form containing standard information for package travel contracts when the tour is organized by the Agency. When a combination of travel services is offered, that is, a package tour in the sense of the Services in Tourism Act, the passenger has all the rights arising from the provisions of the Services in Tourism Act relating to the package tour.

II. DEFINITIONS AND INTERPRETATIONS

(1) In addition to the terms in capitals defined elsewhere in the Contract and these General Terms and Conditions, the terms in capitals in the General Terms and Conditions shall mean the following:

a. “The Agency “means MOTORATIA D.O.O. travel agency with its registered seat at: Zatišje 8a, Zagreb, Hrvatska, entered in the court register of the Commercial Court in Zagreb under Company Registration Number (MBS): 081370712, National Identification number (OIB): 21602254887.

b. “GDPR“ means General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016).

c. „Ministarstvo“ znači Ministarstvo Republike Hrvatske “The Ministry“ means the Ministry of the Republic of Croatia responsible for tourism.

d. “General terms and conditions“ means these General conditions for package tour reservation and purchasing

e. “Itinerary“ means a document which forms an integral part of the Contract and contains the pre-contractual information referred to in Article 29, paragraph 1, items a), b), c), d), e) and f) of the Act.

f. “The Passenger“ means any person entitled to travel under a concluded Contract.

g. “Reasons the Agency is not responsible for“ means the reasons that the Agency is exempt from liability to the Passenger, provided that the Agency proves them:

i. non-compliance may be attributed to the Passenger;

ii. nesukladnost se može pripisati trećoj osobi koja nije povezana s pružanjem usluga putovanja obuhvaćenih ugovorom o putovanju u paket-aranžmanu i da je nesukladnost nepredvidiva ili neizbježna, ili

iii. non-compliance occurred due to extraordinary circumstances that could not be avoided. Extraordinary circumstances that could not be avoided means a situation beyond the control of the Agency and which could not have been avoided even if all reasonable measures had been taken, and include, but are not limited to, government regulations / decisions, strikes, wars or war-like crises, epidemics, natural disasters, etc.

h. “The Contracting Authority“ means a person who wishes to enter into or has entered into a Contract with the Agency for his / her own benefit and / or for the benefit of one or more Passengers.

i. “ZPUT“ means Services in tourism Act (OG 130/17, 25/19, 98/19, 42/20), as amended.

(2) The definitions contained hereunder apply to the singular as well as the plural of these terms. All terms defined hereunder have a defined meaning when used in any certificate or other document drawn up or submitted in accordance with the Contract, unless otherwise defined therein. Terms with a gender meaning used hereunder, refer equally to the masculine and feminine gender.

(3) The titles of the sections in the Contract and these General Terms and Conditions are given only for ease of reference and do not affect the interpretation of the Contract and these General Terms and Conditions. Any reference to the “Contract” refers to the Contract as a whole and not to any specific provision thereof.

(4) Legal terms used in these General Terms and Conditions shall be construed in accordance with Croatian law and not as understood in any other state or jurisdiction. Terms used in these General Terms and Conditions have the meaning set forth in the ZPUT, unless these General Terms and Conditions expressly provide otherwise.

III. PERSONAL DATA PROTECTION

(1) The Contracting Authority and the Passengers provide their personal data to the Agency voluntarily. The Contracting Authority and the Passengers’ personal data are required by the Agency in the process of performance of the contracted package tour and will be used for further communication, contracting and performance of the package tour. The Agency will process, use and store the Contracting Authority and the Passengers’ personal data in accordance with applicable regulations, including GDPR, and will not take them out of the country or give them to a third party, except for suppliers and associates involved in the execution of the contracted package. The Contracting Authority and the Passengers’ personal data will be stored in a database, in accordance with the decision of the Agency on the method of collecting, processing and storing personal data.

(2) Provided that the Contracting Authority / Passenger has given his /her consent, the Agency may use the personal data of the Contracting Authority / Passenger for marketing purposes (e.g., sending information, actions, promotions, newsletters). The Contractor and each of the Passengers may at any time withhold consent to the use of personal data for marketing purposes by sending an e-mail request to the Agency at info@motoratia.com.

(3) The personal data protection policy of the Agency is available on the Agency’s website. By concluding the Contract, the Contracting Authority confirms that he/she has read the stated rules, that he/she has made all Passengers aware of them, and that the Contracting Authority and the Passengers fully understand and accept the stated rules.

IV. RESERVATIONS AND CONCLUSION OF THE CONTRACT

(1) The Contracting Authority may submit to the Agency an inquiry and application for the reservation of a package tour in person at the Agency’s office, by telephone, e-mail, or via an online reservation form on the Agency’s website. www.motoratia.com.

(2) In order to confirm the reservation, the Contracting Authority shall make advance payment to the Agency in the amount specified in the Contract, at least 30% of the value of the reservation. The Contracting Authority shall make advance payment on the basis of a written draft contract which the Agency shall submit to the Contracting Authority stating the date by which the advance must be paid. The Contract shall enter into force on the day when the Agency has received the full amount of the advance payment specified in the Contract. The advance payment will be included in the price of the package tour. If the Contracting Authority fails to make the advance payment within the period specified in the draft Contract, it will be deemed that the Contracting Authority has canceled the reservation and has not accepted the draft Contract, which shall be deemed invalid.

(3) The Contracting Authority shall pay the rest to the total price of the package tour to the Agency within the deadline specified in the Contract, and no later than 21 days before the start of the tour. If the remaining amount of the package price is not paid within the agreed deadline, it will be considered that the Contracting Authority has terminated the Contract, and the Contracting Authority shall pay the Agency the agreed fee for termination of the Contract.

V. TRANSFER OF THE CONTRACT

(1) Prior to the start of the package, the Contracting Authority may transfer the Contract to another Passenger who meets all the conditions applicable to that Contract, and shall notify the Agency thereof in writing no later than 7 days before the start of the package tour. The Contracting Authority and the Transferee are jointly and severally liable to the Agency for the payment of the price, as well as any additional fees, charges or other costs arising from the transfer of the Contract as notified and provided with a proof thereof by the Agency.

VI. PAYMENTS

(1) Unless otherwise provided by the Contract, the Contracting Authority may pay for the Agency’s services in cash at the Agency’s office, by bank transfer to the Agency’s business account, and by credit / debit cards accepted by the Agency in person at the Agency’s office, via online payment, by submitting to the Agency a duly completed and signed card debit form by e-mail. In case of payment by bank transfer to the business account of the Agency, the bank costs of the transaction shall be paid by the Contracting Authority or other Passenger making the payment.

(2) In case of installment payment by credit card, immediately after making the reservation, the card is charged for the entire amount to the agreed number of installments, depending on the arrangement.

VII. PACKAGE TOUR PRICE AND CONTENT

(1) The package tour price is defined by the Itinerary and stated in the Contract, and includes the services listed by the Agency in the Travel Program in included in the price and additional payments sections.

(2) The price of the package does not include (unless otherwise agreed): optional trips and visits, possible costs of obtaining and issuing visas, tickets for the facilities visited. All types of special services (single room, special meals, etc.) are paid by the passenger who is obliged to state these when booking the tour.

(3) The prices of the tours are indicated in HRK and EUR, and calculated according to the prices of services in reference currencies at the selling rate of the travel organizer’s commercial bank on a certain day.

(4) By concluding the Contract, the Contracting Authority confirms that he/she is aware that the price of package tours for other Contracting Authorities may be different due to special actions and promotions of the Agency in order to improve sales of package tours and fill vacancies (e.g. special offers named “First Minute“, “Last Minute“, “Early bird“ etc.).

(5) The prices stated in the Travel Program are based on the prices agreed between the Agency and its suppliers / service providers and may not correspond to the prices stated at the accommodation facility where the Passenger is staying. The Contracting Authority is aware of and understands that the hotels, apartments or other accommodation facilities offered within the Travel Program are described according to the official accommodation rating of the country in question, which may vary from country to country and may result in differences and mismatch in standards of accommodation and services. The Agency does not take responsibility for any written or oral information that is not in accordance with the description of services and facilities in the programs released, and which was given either by employees of the Agency or a third party.

(6) All applicable discounts are explicitly stated in the Contract. The Agency does not grant a refund to the Contractor or to the Passengers for any service included in the agreed price of the package tour that the Contractor / Passenger did not use by his /her decision or fault.

(7) Sleeping arrangements in rooms / apartments / hotels are made by the front desk service of the accommodation facility at the travel destination. The Passenger is obliged to accept any officially registered accommodation unit in the facility described in the catalog and price list if he /she has not explicitly contracted a room / apartment with specific amenities.

(8) The Agency reserves the right to change the planned accommodation, provided that it provides accommodation of the same or higher category.

VIII. INCREASE IN PRICE BY THE AGENCY

(1) If the Contract provides that the Agency may unilaterally increase the price of a package tour after the conclusion of the Contract, it may do so no later than 20 days before the start of the package tour in any of the following cases:

a. changes in the Passenger’s transport price resulting from the cost of fuel or other energy sources, but only provided that the Contract explicitly states the amount or share of the Passenger’s transport price in the package price;

b. changes in the amount of taxes or fees for travel services covered by the Contract imposed by third parties not directly involved in the performance of the package (including tourist taxes, landing fees or fees for embarkation or disembarkation at ports and airports), but only provided that the Contract explicitly states the amount or share of such taxes or fees in the package price; or

c. changes in exchange rates applicable to the package, but only provided that the Contract explicitly states the amount of services related to a particular currency or their share in the package price.

(2) In the event of a unilateral increase in the package price, the Agency shall unilaterally increase the price by the entire amount of the change of the appropriate parameter from the points a), b) and / or c) above and shall notify the Contracting Authority thereof in writing, explaining the increase and providing calculation. The Contracting Authority and the Passengers will accept such a unilateral increase in the contracted price if it amounts to (and including) 8% of the contracted total price of the package. If the stated increase in the package price exceeds 8% of the agreed total price package, the Contracting Authority has the right to cancel the tour or terminate the Contract without paying the termination of the Contract fee. If the Contracting Authority does not submit a written notice of termination of the Contract to the Agency within 3 days from the written notification on price change by the Agency, it is considered that he/she agrees with the price change.

IX. PRICE REDUCTION BY THE AGENCY

(1) If the Contract provides for the right of the Agency to unilaterally increase the price of the package after the conclusion of the Contract, the Passenger has the right to a price reduction corresponding to any reduction of costs referred to in Chapter VIII item 1 which occurs after the conclusion of the contract and before the start of the package tour. In the event of a price reduction, the Agency has the right to deduct the actual administrative costs incurred from the amount of the refund, and is obliged to provide evidence of these administrative costs at the Passenger’s request.

X. TERMINATION OF THE CONTRACT BY THE CONTRACTING AUTHORITY

(1) After concluding the Contract, and before the start of the package, the Contracting Authority may cancel the tour, that is, unilaterally terminate the Contract by submitting a written notice of termination to the Agency, whereby the Agency will charge the Contracting Authority the following standard termination fee depending on the date on which the Agency received the written notice of termination from the Contracting Authority, as follows:

• up to 30 days before departure 10% of the package price
• from 29 up to 22 days before departure 25% of the package price
• from 21 up to 15 days before departure 50% of the package price
• from 14 up to 8 days before departure 80% of the package price
• from 7 up to 0 days before departure 100% of the package price
• in case of “no –show “and incomplete / invalid travel documents or inappropriate protective equipment: 100% of the total package price

(2) If the costs actually incurred at the time of cancellation are higher than those above, the Tour Operator reserves the right to collect the costs actually incurred.

(3) The Agency has the right to charge the Contracting Authority the termination of the Contract fee regardless of the reason for which the Contracting Authority terminates the Contract, except in case when the Contracting Authority has the right to terminate the Contract due to violations of the Contract by the Agency. By way of derogation from the previous sentence, in the event that the Contracting Authority terminates the Contract due to inevitable extraordinary circumstances, which occurred at the destination or in its immediate vicinity and which significantly affect the performance of the package or significantly affect the transport of Passengers to the destination: (i) the Contracting Authority is not obliged to pay the above termination of the Contract fee, (ii) the Contracting Authority has the right to a refund of all payments made to the Agency corresponding to the price within 14 days from the date of termination of the Contract, (iii) the Contracting Authority has no right to any compensation for damages or additional compensation. When assessing the level of impact of extraordinary circumstances on the performance of package or transport of passengers to the destination, the assessments of the competent public authorities in the tourist destination and the carrier will be taken as relevant. If the Contracting Authority has contracted travel cancellation insurance policy with the insurance company directly or through the Agency, the Contracting Authority is entitled to a refund of the funds paid from the insurance company exclusively under the terms of the insurance policy. All terms and conditions of refund of funds paid for compensation are directly agreed between the insurance company and the Contracting Authority, and the Agency shall not be liable for any non-recognition or objection made by the insurance company to the Contracting Authority at his request for payment under the said insurance policy, even if the above insurance has been contracted by the Contracting Authority with the Insurer through the Agency as an intermediary.

(4) If the Contract is concluded outside the business premises, the Passenger has the right to withdraw from the package travel contract within 14 days after the conclusion of the contract without stating reasons.

XI. TERMINATION OF THE CONTRACT BY THE AGENCY

(1) The Agency may terminate the Contract and return in full to the Contacting Authority / Passengers all payments received for the package, without obligation to compensate the damage and any other payments to the Contacting Authority or to any of the Passengers, in any of the following cases:

a. if the Agency is prevented from performing the Contract by extraordinary circumstances which could not have been avoided, provided that the Agency notifies the Contracting Authority of the termination of the Contract without undue delay before the start of the package, and

b. if the number of Passengers who applied for the tour is below the minimum number of passengers specified in the Travel Program, provided that the Agency notifies the Contracting Authority of the termination of the Contract no later than 20 days before the start of the package for trips lasting more than 6 days, 7 days before the start of the package for trips lasting from 2 to 6 days, that is, 48 h days before the start of the package for trips lasting less than 2 days.

XII. CONTRACT AMENDMENTS BY THE AGENCY

(1) After concluding the Contract, and before the start of the package, the Agency may unilaterally amend the terms of the Contract by submitting a written notice to the Contracting Authority, provided that such a change is insignificant, i.e., does not significantly change any of the main features of travel services. the value of the package, or cause significant inconvenience and additional costs to the Passenger.

(2) If, after concluding the Contract and before the start of the package deal, the Agency is forced to amend any of the main features of travel services significantly or is unable to meet special requests contracted by the Contracting Authority specified in the Contract, or proposes to increase the package price by more than 8%, it shall notify the Contracting Authority in writing without delay.

(3) The said notice shall include a description of the proposed amendments to the Contract, their impact on the package price, information on the reasonable time within which the Contracting Authority must notify the Agency of his/her decision and consequences in case the Contracting Authority fails to respond and a notification on replacement package that the Agency may offer. Unless otherwise stated in such written notification of the Agency, if, within 2 days of receipt of the said notification of the Agency, the Contracting Authority does not notify the Agency in writing that he/she accepts the amended Contract or the offered replacement package, the contract is considered terminated, and the Agency will without delay, and no later than within 14 days, return to the Contracting Authority / Passengers, the amount of the price paid, and the Contracting Authority is also entitled to adequate compensation for the damage sustained unless the Agency proves that the proposed amendment to the Contract was due to reasons for which the Agency is not responsible. If amendments to the Contract result in a package tour of lower quality or price, the Contracting Authority is entitled to an appropriate price reduction. The Contracting Authority / Passenger may, within a reasonable time set by the Agency

a. accept the suggested amendments, or
b. terminate the contract without paying the termination fee.

(4) The Agency reserves the right to change the day or hour of travel due to a change in the flight schedule or due to unforeseen circumstances, the right to change direction if the conditions for travel change (travel bans on certain routes, safety situation in a particular country, natural disasters, adverse weather conditions, traffic accidents or other situations beyond the Agency’s control) without compensation, and according to applicable regulations in domestic and international traffic. The Agency shall not be liable for aircraft, ships or trains delays, nor for changes in the program and the costs incurred due to such delays.

XIII. IMPOSSIBILITY TO COMPLETE A SIGNIFICANT PART OF THE TOUR

(1) If a significant part of the travel cannot be provided in accordance with the Contract, the Agency shall offer the Contractor appropriate alternative arrangements, preferably of equal or higher quality than those specified in the Contract, without additional costs for the Contracting Authority and Passengers, including when the passengers are not provided with the return to the place of departure as agreed. If the Agency proposes an alternative package travel which results in a deal of lower quality than the one specified in the Contract, the Agency shall grant the Contracting Authority an appropriate price reduction. The Contracting Authority may reject the proposed alternative package travels only if they are not comparable to what has been agreed in the Contract or if the price reduction granted is inappropriate.

(2) If the non-compliance significantly affects the performance of the package and if the Agency has not corrected the non-compliance within a reasonable time determined by the Contracting Authority, the Contracting Authority may terminate the Contract without paying the termination fee and request, if necessary, a price reduction and / or compensation in accordance with the provisions of these General Terms and Conditions governing the right to a price reduction and compensation.

(3) If it is not possible to provide alternative packages or if the Contracting Authority rejects the proposed alternative packages in accordance with the provisions of these General Terms and Conditions, the Contracting Authority has the right, if necessary, to price reduction and / or compensation in accordance with the provisions of these General Terms and Conditions determining the right to price reduction and compensation, without terminating the Contract.

(4) If the package includes transport of the passengers, the Agency shall, in the cases referred to in the previous two paragraphs of these General Terms and Conditions, ensure without undue delay the repatriation of the passengers by equivalent means of transport, without additional costs for the passengers. Additional costs shall be borne by the Agency.

XIV. THE COSTS OF EMERGENCY ACCOMMODATION

(1) When, due to extraordinary circumstances that could not be avoided, it is not possible to ensure the return of the Passengers in accordance with the Contract, the Agency shall bear the costs of emergency accommodation up to three nights per Passenger, if possible, in an equivalent accommodation category. If the legislation of the European Union on the rights of passengers applicable to the relevant means of transport for the return of Passengers provides for longer periods, those periods shall apply. Limitations referred to in the previous paragraph of these General Conditions shall not apply to persons with reduced mobility, as defined in Article 2 (a) of Regulation (EC) No 882/2004. Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 on the rights of persons with disabilities and persons with reduced mobility when traveling by air (OJ L 204, 26/07/2006) and any accompanying person, pregnant women, unaccompanied minors and to persons in need of special medical assistance, provided that the Agency is notified of their special needs at least 48 hours before the start of the package.

(2) The Agency may not claim exceptional circumstances which could not have been avoided in order to limit liability in accordance with the provisions of this section of the General Conditions if the transport service provider cannot claim such circumstances in accordance with applicable European Union legislation.

XV. THE COSTS OF EMERGENCY ACCOMMODATION

(1) As a travel organizer, the Agency is responsible for the performance of the package as a whole, i.e., for the performance of all services included in the price of the package.

(2) Unless expressly provided otherwise in the Travel Program, the Agency shall provide the contracted services in English.

(3) The Agency shall, without undue delay, provide the Passenger with appropriate assistance, in particular by providing appropriate information on health services, local authorities and consular assistance and assisting the Passenger in establishing long-distance communication and finding alternative travel arrangements. If the Passenger caused such difficulty intentionally or through negligence, the Tour leader may provide assistance, but not to the detriment to the group in terms of the program. The program shall run smoothly and the Passenger bears all the actual costs arising from his/her negligence.

(4) The Agency shall keep as a trade secret everything it knows about the Contracting Authority and the Passenger and without their approval, except in cases prescribed by law and if necessary for the performance of the Contract, and may not disclose to anyone their address, place and time of travel, stay, price paid, or the names of their companions.

(5) The Agency shall limit in advance the amount of compensation for damages that are not the result of bodily injury or for damages that the organizer did not cause intentionally or negligently to the amount of three times the total price of package.

(6) If international conventions binding on the European Union or legal regulations based on them limit the scope of compensation to be paid by the travel service provider that is part of the package or limit the conditions under which it is obliged to compensate for the damage, in that case the same assumptions, limitations and exclusions shall apply accordingly to the organizer and he may invoke that fact in relation to the Passenger. The Passenger’s right to compensation or price reduction prescribed by the Tourism Services Act and international conventions does not affect the passenger’s rights in accordance with Regulation (EC) no. No 261/2004 of the European Parliament and of the Council of 11 February 2004 laying down general rules on compensation and assistance to passengers in the event of denied boarding and cancellation or long delays of flights, and repealing Regulation (EEC) No 2454/93 295/91; Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations; Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers for the carriage of passengers by sea in the event of accidents; Regulation (EC) No 1177/2010 of the European Parliament and of the Council of 24 November 2010 on the rights of passengers when traveling by sea or inland waterway and amending Regulation (EC) No 882/2004 2006/2004;.

(7) The passenger has the right to submit requests for price reduction and / or compensation in accordance with the Services in Tourism Act and in accordance with international conventions and regulations from the previous point of these General Terms and Conditions. Price reduction and / or compensation in accordance with the Services in Tourism Act and in accordance with international conventions and regulations the passenger is entitled to pursuant to item 20 of these General Terms and Conditions are deducted from each other in order to avoid excessive compensation and / or excessive price reduction.

(8) The passenger’s right to submit requests for price reduction and / or compensation in accordance with the Services in Tourism Act which regulate the issues of amending the package travel contract before the start of the package tour, the performance of the package, and the reduction of the price and compensation for damages expires within two years. The statute of limitations begins on the first day after the day of the end of the package tour according to the contract.

XVI. OBLIGATIONS AND RESPONSIBILITIES OF THE CONTRACTING AUTHORITIES AND TRAVELLERS

(1) The Contracting Authority explicitly confirms to the Agency:

(i) that all the Passengers listed on the reservation have been made aware of the Contract (including Travel Program and these General Terms and Conditions which form an integral part of the Agreement),

(ii) that he/she is authorized to act on behalf of all passengers listed on the reservation,

(iii) that he/she is fully responsible to the Agency for compliance with the Contract by all Passengers and shall make all payments provided by the Contract for all Passengers, (iv) that the advance payments or the entire price of the package tour apply to all Passengers listed on the same reservation, and are distributed equally to all Passengers listed on that reservation, unless otherwise defined by the Contract.

(iv) da se uplate predujma odnosno cjelokupne cijene paket-aranžmana odnose na sve Putnike na istoj rezervaciji, te se raspoređuju jednako na sve Putnike na toj rezervaciji ako nije drukčije definirano Ugovorom.

(2) Whenever these General Terms and Conditions or the Contract stipulate that the Contracting Authority makes a statement, guarantee, waiver or undertakes an obligation, it is considered that he /she does the same on his/her behalf and on behalf of each of the Passengers. Whenever these General Terms and Conditions or the Contract stipulate that the Passenger makes a statement, guarantee, waiver or undertakes an obligation, it is considered that he /she does the same on his/her behalf and on behalf of the Contracting Authority.

(3) The Contracting Authority shall provide the Agency with all the necessary personal data of each of the Passengers and submit to the Agency all the documents necessary for the organization and performance of the trip in a timely manner. The Agency has the right to request and keep copies of documents if it is necessary for the performance of the package tour. If the Contracting Authority does not submit the required data and copies of documents within the deadline and in the manner requested by the Agency, it is considered that he / she has canceled the reservation or terminated the Contract and is obliged to pay the Agency the agreed amount of termination fee. The Contracting Authority shall be liable for any damage caused to the Contracting Authority or any Passenger or the Agency for providing inaccurate and / or incomplete data and / or documents.

(4) Unless expressly provided otherwise by the Contract, the Contracting Authority shall obtain any passport, visa, driver’s license, international driving license, health card or other travel documents required for travel and stay abroad for all Passengers and ensure that the said documents are at all times fully complete and valid. If during the trip there is a loss or theft of travel documents, the costs of issuing new documents are borne by the Passenger. The Agency is not responsible for decisions of customs, police and other state authorities that result in the refusal of permission to enter particular country / countries.

(5) The Contracting Authority is obliged to inform the Agency before concluding the Contract of all facts regarding health, habits, etc. of each of the Passengers that could jeopardize the trip (including if for health and other reasons a Passenger requires a certain type of food, suffers from chronic disease, allergies, etc..). If the Travel Program specifies special travel rules (such as mandatory vaccinations and the acquisition of appropriate documents), the Passenger is required to meet these requirements. The Passenger shall independently check the conditions of travel and entry into a foreign country resulting from the decision of the competent state authorities (e.g., the obligation to present a negative COVID-19 test or the obligation to take a COVID-19 test on a certain period of entry, self-isolation and the like).

(6) The Agency reserves the right to deny a minor or any other person the participation in a motorcycle route, depending on their physical condition or if there are indications that there is a risk to the passenger’s safety and / or health.

(7) The Passenger is obliged to adhere to the rules of accommodation units regarding rooms, apartments, cabins, etc., check-in and check-out times. If the Passenger in any way disturbs the safety, peace or comfort of other Passengers or third parties or endangers and / or impedes the regular conduct of the Travel Program, the Agency has the right to terminate the trip for that Passenger and continue with the performance of the package without him/her.

(8) The passenger shall follow all reasonable instructions of the Agency’s representatives and cooperate in good faith with the Agency’s employees. In case of resentment, the Passenger shall cooperate in good faith with the employees of the Agency and try to resolve the subject of resentment, without interfering with other Passengers and third parties, and ruining the reputation of the Agency.

(9) In case of breach of obligations under the Contract and applicable regulations, the Contracting Authority and the Passenger shall be liable for any damage sustained by any Passenger, the Agency, any service provider involved in the package or any third party, and shall indemnify the Agency against all requests on that basis. The Contracting Authority is jointly and severally liable with the Passenger for the obligations of the Passengers.

(10) The Passengers shall comply with foreign exchange and customs regulations, as well as laws and other bylaws of the Republic of Croatia and other countries they pass and stay.

XVII. PASSENGERS’ COMPLAINTS

(1) The Contracting Authority and / or the Passenger shall, without undue delay and taking into account the circumstances, notify the Agency through the Agency’s contact point specified in the Contract of any non-compliance found during the performance of the travel service covered by the Contract. At the request of the Contracting Party or the Passenger, the Agency shall try to correct the non-compliance, unless it is not possible or if the elimination of non-compliance would cause disproportionate costs taking into account the extent of non-compliance and the value of travel services affected by non-compliance. If the Agency does not correct the non-compliance for the reasons stated in the previous sentence, The Contracting Authority is entitled to a price reduction, unless the Agency proves that it is the consequence of a reason for which the Agency is not responsible.

(2) The Passenger shall first complain about irregularities to the service provider (hotel, apartment, etc.), the carrier, the tour leader, the representative of the tour operator or the direct service provider). In the event that the complaint may be resolved on the spot, and the Passenger has not immediately complained to the service provider about the irregularities, it is understood that the Passenger agrees with the service thus losing the right to make subsequent complaints with a request to price reduction and / or claims payment. The Agency will not consider complaints if the Passenger has not submitted a copy of the written complaint which he /she filed on the spot, and which bears no confirmation of receipt from the responsible person to whose service the complaint relates.

(3) If any deviation from the Contracted Service has not been eliminated on the tour, the Passenger shall enclose a certificate of non-performance or improper performance of the service to a written complaint. The Passenger shall submit a written complaint within 8 days after the end of the trip by e-mail to: info@motoratia.com or by snail mail to: MOTRATIA d.o.o. turistička agencija, Zatišje 8a, Zagreb, that is, in person by coming to the office at the same address and delivering a written complaint to the employee of the Agency. If the Passenger files a written complaint after that deadline, the Agency may not take such complaint into account. The Agency shall issue a written decision on the complaint within 14 days of receiving the complaint, and may postpone the deadline for the decision on the complaint for an additional 14 days due to the collection of information. For the duration of the decision procedure, that is, a total of 14 or 28 days after filing the complaint, the Passenger irrevocably waives the mediation of any other person, arbitration or other means of resolving the dispute before the competent authorities, as well as providing information to the media. Also, during that period, the Passenger waives the right to a lawsuit. The maximum amount of compensation per complaint may reach the amount of the advertised part of the services, and may not include services already used or the entire amount of the package tour. In all packages where the Agency acts as a sales intermediary, the agency – the travel organizer is responsible for performance. In the case of concluding a contract “sight unseen”, the passenger has no right to object to the accommodation. The Passenger and the Agency will try to resolve disputes amicably, otherwise they agree on the jurisdiction of the court in Zagreb. Croatian law is the applicable law.

(4) The Agency is not responsible for complaints related to weather forecast, holdups on the roads due to unfavorable weather conditions, congestions at borders or waiting to enter the cities or facilities visited. Also, before the tour, the Passenger will be informed about all the prices of optional excursions and tickets and may make a reservation through the Agency or on his/her own. No excursion is mandatory, it depends solely on the will of the passenger and the Agency is not obliged to explain the costs thereof when booking tickets, excursions, local guide, time spent by an agency employee booking the listed facilities online or contacting a local agent to book facilities or excursions.

(5) The Agency does not accept complaints to LAST MINUTE arrangements – last minute offers or shortening of stay at destinations due to unfavorable flight times of charter aircraft (for charter flights the first and last day of travel are intended exclusively to arrive at and depart a the destination, not to rest). The Passenger may use his /her free time for his /her own programs, and the tour leader is not obliged to spend time with the passengers. During an individual visit to the museum, the tour leader does not lead the group inside. Tickets to the museums do not include the guidance by the tour leader, unless otherwise indicated and paid for. During the program, it is possible to change the order of site visits and optional services so that the services are performed in the best possible way and in full, depending on the interest of passengers. If passengers want to split from the group in order to take the time for their own programs, they are free to do so with a prior notice to the tour leader. However, to not get hindered from the program, the group may not wait for the passengers if they are late for meeting with the group and the tour. The Agency cannot take responsibility for program changes due to the occurrence of any force majeure during the performance of the package. Under the circumstances, it can guarantee services in a modified form, depending on the options available.

XVIII. INSURANCES OFFERED TO THE PASSENGER

(1) Sukladno ZPUT-u Agencija nudi Ugovaratelju/Putniku mogućnost da izravno ugovori s trećom osobom – osiguravateljem, osiguranje od posljedica nesretnog slučaja i bolesti na putovanju, oštećenja i gubitka prtljage, dragovoljno zdravstveno osiguranje za vrijeme puta i boravka u inozemstvu, osiguranje za slučaj otkaza putovanja te osiguranje kojim se osiguravaju troškovi pomoći i povratka putnika u mjesto polazišta u slučaju nesreće i bolesti. Informacije o sadržaju tih osiguranja te poveznica na osiguravateljeve opće uvjete ugovora o osiguranju dostupne su u svakom trenutku na sljedećim mrežnim stranicama https://www.triglav.hr/osiguranja/osiguranje-za-fizicke-osobe/putna-osiguranja/turisticko-osiguranje. Osim ako je u Ugovoru izričito navedeno, cijene navedenih osiguranja nisu uključene u cijenu paket-aranžmana.

XIX. GUARANTEE FUND FOR INSOLVENCY AND DAMAGE LIABILITY

(1) Pursuant to ZPUT, the Agency has contracted with TRIGLAV osiguranje d.d., insurance company Antuna Heinza 4, Zagreb, OIB: 29743547503, an insolvency guarantee insurance which enables the Contracting Authority / the Passenger to directly exercise the rights from the guarantee fund with the insurance company under the Insurance Policy number: 990007063141, and liability insurance for damage caused to the Passenger by the Agency by non-fulfillment, partial fulfillment or improper fulfillment of obligations under the Contract under the policy number 990007063140. If an insured event occurs, the Contracting Authority / the Passenger shall contact TRIGLAV osiguranje d.d. insurance company as soon as possible. This is valid as a certificate of insurance in case of bankruptcy or insolvency of the Agency and liability insurance.

XX. SPECIFICITIES RELATED TO MOTORCYCLE USE

(1) Motorcycle rental is a part of the service provided by the Agency. The condition and equipment of the motorcycle is in accordance with the circumstances related to a tour and the countries covered by the tour. The passenger is not in any way entitled to a new / other motorcycle or a motorcycle equipped otherwise than specified in the Travel Program.

(2) Photographs and artwork of motorcycles used in information, promotional and sales documents of the Agency do not have to match the actual situation when it comes to equipment and appearance. Detailed information on rented motorcycles and their equipment is available on request, and the Agency will inform the Passenger about all the details before booking a motorcycle at any event.

(3) The Agency shall endeavor to provide the passenger with a desired motorcycle, however in case of an unforeseen situation such as a technical error, accident, theft or similar, the Agency reserves the right to replace it with another motorcycle of same or similar features.

(4) In case of technical error or malfunction of the rented motorcycle during the trip, the Passenger undertakes to notify the Tour leader without delay, after which the Tour leader will eliminate the error as soon as possible, i.e., replace the motorcycle with another one.

(5) The passenger is fully responsible for the damage caused by unauthorized driving and improper use of the motorcycle.

(6) When taking over a motorcycle, the passenger is obliged to provide the Agency with proof of owning a driving license for at least 2 (two) years and being at least 24 years old. If this obligation is not met, the Passenger is denied the right to participate in the tour. In that case, the Agency will not be obliged to reimburse paid services of any kind and will not be responsible for additional costs incurred by the Passenger due to the circumstance.

(7) The Passenger shall inform the Agency without delay of all changes related to the driver’s license that affect participation in the trip (e.g., driver’s license withdrawal, etc.).

(8) The Passenger participates in road traffic at his /her own risk and undertakes to comply with the provisions of all relevant traffic regulations. Passengers are liable for fines, administrative fines or similar sanctions resulting from non-compliance with local traffic regulations.

(9) The Passengers may not consume alcoholic beverages, i.e., take medications or other substances that affect the ability to ride during the day, i.e., while riding. This applies equally to co-drivers. Alcoholic beverages may be consumed only after the end of daily travel plan and program. If alcohol is consumed or medications or other substances used after the end of daily trip, the user must ensure that it does not impair his /her ability to ride a motorcycle the next day or the ride that follows. In case of non-compliance with these conditions and provisions, the Agency or the Tour leader reserves the right to temporarily exclude the User from the trip or order the Passenger to spend that day of travel in safety vehicle as a passenger..

(10) The passengers are required to adapt their driving style to the current circumstances, conditions and their driving abilities. If the Passenger is unable to follow the plan, he /she shall stop and inform the tour leader without delay. The Passenger may then continue the trip in safety vehicle.

(11) The Passengers shall accept the authority and decisions made by the tour leader, the team accompanying the trip and the employee of the Agency for the duration of the trip. If one of these persons decides that due to the health condition, i.e., the behavior of the participants, the continuation of the expedition is endangered, the participant may be excluded from further participation in the trip.

(12) The User is personally responsible for taking care of his/her equipment and other luggage he /she takes on the motorcycle, and any responsibility by the Agency for them is excluded.

XXI. COPYRIGHT

(1) The Contracting Parties agree that all photographs and videos taken by the representatives of the Agency during the trip are the property of the Agency. The passenger agrees that the Agency records the trip for the purpose of promoting the work of the Agency and / or its tour leaders and / or for the purpose of creating memories for the service user. If the Passenger does not want the photo or video materials containing his/her image to be used for the purposes described, he/she may, before the trip, during the trip or within 10 days from the end of the trip, ask the Agency not to use such materials.

(2) The materials published on the website and / or social networks during the trip, and requested subsequently by the Passenger to be removed, will be removed from its website by the Agency immediately upon receipt of the request. Apart from the above, the Agency is not responsible for any other obligation and / or compensation to the Passenger on the stated basis.

XXII. GENERAL TERMS AND CONDITIONS FOR AIRLINE TICKETS

(1) By purchasing an electronic airline ticket, the Contractor / Passenger enters into a travel contract with the organizer, service provider – the airline company. It is important to study transport conditions and air fares well. Please refer to the airline’s terms and conditions for transport conditions and air fares. MOTORATIA d.o.o. travel agency  acts as an intermediary for airline ticket purchase and is not able to change the rules laid down by the service provider with whom the contract of carriage has been concluded, that is,  the airline.

(2) A travel ticket is a not transferable document. Flight segments must be used in the order listed on the itinerary.

(3) Airline company special rules apply to each ticket. The conditions of the carrier’s fares valid on the day of payment of the ticket shall be complied with.

(4) The Agency reserves the right to cancel a reservation without prior notice if the passenger does not purchase an airline ticket by the deadline set by the airline or the Agency’s agent.

(5) MOTORATIA d.o.o. travel agency is not responsible for the cancellation or delay of the flight for commercial or non-commercial reasons by the selected airline company. If the passenger decides to cancel the trip or finds himself in a situation where he is unable to travel, the rules laid down by the airline company must be followed. If a purchased ticket is unused  or canceled, a certain fee shall be paid as per the terms of the airline company’s fares. Certain rates are entirely unrefundable in case of cancellation by the passenger.

(6) In case of a visa refusal, the embassy refusal letter is not a guarantee for the paid airline ticket. The possibility of a refund depends solely on the airline regulations. The passenger shall, in his own interest, be informed about the rate conditions before buying a ticket that is, before it is issued.

(7) The Agency shall refund the person whose name is stated on the travel ticket or the person who paid for the travel ticket, for which an evidence,  that is, an invoice, shall be provided. The airline ticket issuance  fee is not refundable.

(8) The passenger shall, in his own interest, be informed about conditions for modifications before buying a ticket that is, before it is issued.

(9) Airlines have different rules regarding the quantity and maximum weight baggage. Also, a single airline may have  different fares for different baggage requirements. Pay attention if the luggage is included in the price of the flight.

(10) The passenger shall be informed about the amount of luggage allowed before buying or paying for an airline ticket. Any additional costs caused by deviations from the baggage rules shall be borne by the passenger. In case of lost luggage, the passenger is obliged to immediately report the case to the Lost and Found counter. In case of damaged luggage, the complaint should be filed at the airline counter. The carrier, that is, the airline, is responsible for all costs caused by the loss of or damage to the luggage.

(11) The passenger is responsible for submitting complete and accurate reservation data, meaning that the passenger’s name must match the one on the travel document.

(12) Upon receiving the reservation / ticket, the passenger shall check the correctness of the data entered: the passenger’s name and surname, travel destination, flight dates and times.

(13) The passenger shall check in and perform all required procedures on time, not later than the time specified by the carrier.

(14) When checking in for a flight, the passenger shall prove his / her identity and produce the appropriate travel documents corresponding to the data stated in the air ticket.

(15) The passenger shall,  in a timely manner, be informed and obtain all necessary documents, that is, meet all conditions for entry into and exit from the country of destination, as well as for the transited country.

(16) MOTORATIA d.o.o. travel agency is not responsible if the passenger does not obtain all the necessary documents prescribed by the visa regime of the country of destination, as well as of the transited country. The agency is not responsible for incorrect travel documents due to which the passenger could not continue the trip. The passport or any travel document must be valid for at least three months from the date of the passenger’s return.  We kindly ask you to check with the relevant state institutions for exceptions for certain countries in a timely manner.

(17) All regulations are laid down by the competent authorities of the countries of origin, destination and transited countries Also, the Agency is not responsible for cases when the border police, customs or other state authorities prohibit the passenger from leaving or entering a country.

(18) The Agency recommends that all passengers contract a travel insurance policy. The Agency will not be responsible for any additional costs or inconveniences that may arise (border detention, inability to enter a country, and the like.).

(19) The passenger shall comply with the rules for checked and hand luggage prescribed by the air carrier (quantity, maximum weight, dimensions and permitted contents); any violation or deviation from the rules may be charged extra at the airport. The passenger shall be present during the control of his checked or hand luggage performed by customs or other services. He shall respect the customs regulations of the country he leaves / enters.

(20) When purchasing a ticket, the passenger shall inform the Agency about his health problems that could hinder his transport or negatively affect the course of the flight. He must also meet all health regulations of the destination country.

XXIII. FINAL PROVISIONS

(1) The delivery of a notice between the Contracting Parties in accordance with the Contract shall be deemed to have been duly made in writing if it is sent: (i) by registered mail with return receipt or (ii) by e-mail to the last address, ie e-mail address notified by one Contracting Party to the other in writing. The Contracting Authority is solely responsible for the accuracy of the address or e-mail address for notifications and is obliged to notify the Agency in writing without delay of any change in the data for sending notifications.

(2) General information on the Agency is available on the Agency’s website: www.motoratia.com. Central contact point for administrative cooperation in accordance with the provisions of ZPUT is: Ministry, Prisavlje 14, 10 000 Zagreb, e-mail: pravni@mint.hr, tel: + 385 1 6169 243. The competent body for supervising Agency business operations of the State Inspectorate, Tourist inspection, Šubićeva 29, 10000 Zagreb, e-mail: turisticka.inspekcija@dirh.hr, tel: + 385 1 2375 100.

(3) The Contracting Parties shall try to resolve all possible disputes related to the Contract (including its performance and termination) amicably, and if this is not possible, the competent court will be in Zagreb – Croatia. The applicable law is the law of the Republic of Croatia (excluding its conflict of law provisions which would indicate the application of a foreign law).

(4) Pursuant to ZPUT, The Contracting Authority may submit a proposal for resolving the dispute before the body from the list of notified bodies for alternative settlement of consumer disputes, in accordance with the provisions of a special law governing alternative settlement of consumer disputes. Data on currently notified bodies for alternative resolution of consumer disputes are available on the website of the Ministry of the Economy, Entrepreneurship and Crafts of the Republic of Croatia.: https://www.szp.hr/sve-potrosacke-teme-na-jednom-mjestu/alternativno-rjesavanje-potrosackih-sporova-arps/37.

(5) For services bought online, the platform for online resolution of consumer disputes is available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=HR.

(6) If any provision of the Contract or these General Terms and Conditions is or becomes null and void, invalid or unenforceable, or if the Contract contains an unintended contractual void, this shall not affect the validity or enforceability of the remainder of the Contract. Any such null and void, invalid or unenforceable provision shall be deemed superseded, and the void completed with an appropriate provision in accordance with the economic purpose and objective of that provision and / or the Contract, to the extent permitted by law, closest to the original intention of the Contracting Parties.

(7) These General Terms and Conditions shall enter into force on the date of publication on the Agency’s website, ie on 20/12/2021. The Agency reserves the right to change these General Terms and Conditions at any time by publishing the amended text of the General Terms and Conditions on the Agency’s website, which enters into force on the day of publication.

Zagrebu, 20/12/2021

OPERATIONS MANAGER:
MIHAELA JURKOVIĆ
Zatišje 8a, 10000 Zagreb
email: info@motoratia.com
telephone: +385 1 3745911