Terms and Conditions

Travel agency Eklata d.o.o, ID kod: HR-AB-21-060077916, 21000 SPLIT – Osječka 11,
Tel: 021/544 232, Fax: 021 543 805, info@eklata.com, www.eklata.com

GENERAL TERMS AND CONDITIONS

General terms and conditions are an integral part of every travel program of the travel agency Eklata d.o.o. and every concluded travel contract, and they are valid from July 1, 2022. The general terms specify in more detail the relationship between the travel agency Eklata d.o.o. (hereinafter referred to as the agency) on one side and the parent/guardian and the child passenger (hereinafter referred to as the passenger) on the other side when purchasing and consuming package tours offered by the agency, such as nature school, field trips, excursions, graduation trips (hereinafter referred to as school trips), and Eklata Camp (hereinafter referred to as Camp Eklata).

REGISTRATION

By making a timely payment or authorizing credit card payment, in accordance with the Travel Agreement (hereinafter referred to as the contract signature), the passenger fully accepts these General Terms and Conditions, which have been carefully reviewed in advance. The passenger is obliged to keep copies of payment receipts for at least one year from the date of payment.

PAYMENT OF THE ARRANGEMENT

The arrangement is paid according to the payment dynamic outlined in the Travel Agreement concluded between the passenger and the agency. Otherwise, the Travel Agreement is considered void, and the agency is not obliged to provide services as per the provided offer. The entire amount of the debt must be settled no later than 10 days before the commencement of service consumption if the passenger has committed to installment payments.

PRICE OF THE ARRANGEMENT

The price of the package for school trips is fixed according to the offered program and will not change except in the case of a significant change in the value of the calculative elements based on which it was calculated, such as a significant change in the inflation rate, and thus the prices of service providers from the package arrangement, fuel prices, tax rates, or fees for travel services covered by the contract determined by third parties not directly involved in the execution of the package arrangement, including tourist taxes, landing fees, or embarkation or disembarkation fees at ports and airports, traffic prices – air, rail, road, and maritime, as well as other unforeseeable costs. In case of a reduction in the number of passengers compared to the minimum number of passengers defined in the offer, the agency reserves the right to increase the price of the arrangement or change the offered program. If the passenger does not agree to the price increase or program corrections, the agency reserves the right to cancel the package arrangement with the obligation to refund the paid funds reduced by the amount of premature contract termination costs (30% of the arrangement price – minimum 70.00 EUR). The price of the Camp Eklata package is always fixed and does not change.

PRICE OF TRANSPORTATION

The transportation cost for school trips is included in the price unless otherwise indicated in the program. In Camp Eklata arrangements, transportation is not included in the price and is additionally charged according to the current rates. Based on this registration method, the risk of filling the bus is assumed by the agency, and individuals or groups agree to merge with other individuals or groups. Passengers are required to pay transportation costs no later than 10 days before departure. In case of insufficient interest in organized transportation from a particular departure point, the agency reserves the right to cancel it. In that case, the passenger is directed to the nearest alternative offered by the organizer. If the offered alternative is not acceptable, the passenger is offered individual transfer at a special price. If this is also not acceptable, the passenger is directed to regular public transportation lines without a special escort or their own transportation. In this case, the agency disclaims any responsibility for the consequences of safety lapses or disruptions in the transportation schedule. The final notice regarding organized transfer will be provided to the passenger within 7 days before the start of the trip.

CATEGORIZATION AND DESCRIPTION OF SERVICES

The categorization of the offered accommodation facilities and transportation vehicles described in the travel itinerary corresponds to the official categorization at the time of issuing the itinerary. If the passenger has not explicitly contracted a room/apartment (accommodation unit) with special characteristics in writing, they will accept any accommodation unit in the facility agreed upon and described in the travel itinerary.

CANCELLATION BY THE PASSENGER

Passenger may cancel the agreed trip at any time. Any cancellation must be reported in writing to the agency. In case the reason for canceling the trip is covered by the travel cancellation insurance policy, the refund will be processed by the insurance company according to its terms and conditions available on the website www.eklata.com. If the reason for canceling the trip is not covered by the travel cancellation insurance policy or if the passenger cancels the trip without specifying a reason, the refund will be processed by the agency. The date of receipt of the written cancellation and other documentation forms the basis for calculation, where the agency will retain the following amounts for costs incurred up to that point from the total price of the package arrangement:

for cancellation up to 60 days before the start of the trip - 30% of the price of the arrangement - minimum 70.00 EUR,

from 59 to 30 days - 40% of the price of the arrangement, from 29 to 15 days - 50% of the price of the arrangement, from 14 to 8 days - 75% of the price of the arrangement, from 7 to 0 days - 100% of the price of the arrangement.

The agency recommends the payment and conclusion of travel cancellation insurance policy. The travel cancellation insurance policy is not included in the price and is additionally arranged with the agency unless otherwise indicated in the offer/travel program. The mentioned insurance can be arranged through the agency, which in that case acts as an intermediary in the sale of insurance between the traveler and the insurance company and is not responsible for further negotiations between the traveler and the insurer. It cannot be arranged separately but only during the travel registration, i.e., when paying the first installment or the entire arrangement.

LUGGAGE

Luggage is transported at the passenger's risk. The agency is not liable for damaged, destroyed, or lost luggage. In the event of luggage loss, the passenger will, with the assistance of the agency representative, draw up a report with the carrier's representative. The agency may mediate between the passenger and the carrier but without any material obligation to either party. If the passenger chooses to purchase a package of travel insurance covering luggage, then special conditions of the insurance company apply. By signing the travel contract, the passenger confirms that luggage insurance has been offered by the agency. More detailed information about this type of insurance is available on the website www.eklata.com.

OBLIGATIONS AND RIGHTS OF PASSENGERS

By signing the contract, the passenger (parent/guardian) consents to the participation of the passenger's child in animation and sports-recreational activities and waives any liability of the agency for injuries that may arise as a result of engaging in such activities for the entire duration of the trip. The passenger is responsible for ensuring that they, their documents, and belongings comply with the requirements stipulated by border, customs, health, and other regulations of their country, transit countries, and destination country. Furthermore, the passenger is obliged to report to the agency any discrepancies observed during the provision of services covered by the Travel Contract immediately upon notice or no later than 48 hours after the end of the trip, taking into account the circumstances. All complaints received after the specified deadline will not be considered. Complaints must be submitted in writing to the email address info@eklata.com. Until the agency resolves the complaint, which it must do no later than 15 days after receiving it, the passenger waives the right to mediation by any other legal or natural person, as well as giving statements or any other documents to any means of public communication or any other institution. The passenger is required to attend scheduled meetings on time, not to separate from the group without the teacher's and/or travel leader's permission, behave appropriately and courteously throughout the trip, respect the house rules and/or other regulations of the facility they are staying at, take care of their own health and safety, and not endanger the health, safety, and integrity of other participants in the trip. The passenger must not consume or encourage other participants to consume alcohol, tobacco products, narcotics, and/or other prohibited substances, adhere to the instructions of the travel leader and other agency staff, as well as instructions, orders, and prohibitions of teachers and agency staff. Any deliberately caused damage during the trip shall be compensated by the offending passenger. The passenger is responsible for their personal items and money. The agency is not liable for lost and/or stolen items and money. In case of serious violation of the house rules and behavior towards people and property by the offending passenger, the agency reserves the right to terminate further provision of services, and the passenger (parent/guardian) is obliged to organize the return of the passenger's child home within 24 hours at their own expense. In this case, the agency reserves the right to charge the full price of the arrangement. In the arrangement of Camp Eklata, the passenger is obliged to adhere to the daily schedule, timeframes, especially wake-up times, meal times, organized activities, entertainment, and sleep. They are required to attend daily classes of the selected program and other extracurricular activities.

AGENCY'S OBLIGATIONS AND RIGHTS

The agency will provide passengers with services specified in the program and contract unless in case of extraordinary circumstances (riots, strikes, terrorist actions, sanitary disruptions, epidemics and/or pandemics, weather and/or elemental disasters, interventions by competent authorities, interruptions in traffic communications, and other unforeseeable circumstances). In case of the occurrence of these circumstances, the agency reserves the right to adjust the price and/or program. Changes in the program schedule by days cannot be subject to passenger complaints if all contents specified in the program are fulfilled. In case of declaring extraordinary circumstances involving serious security problems that could affect the execution of the package arrangement, passengers may terminate the contract without paying any termination fee before the start of the package arrangement. The decision to declare extraordinary circumstances is made by local authorities at the destination where the accommodation in the package arrangement is organized, and in case of the impact of extraordinary circumstances on transportation to that destination, the carrier with whom the transportation service is contracted. In the arrangement of Camp Eklata, the agency reserves the right to change the agreed educational program if an insufficient number of participants is registered.

PROTECTION OF PERSONAL DATA

Passenger provides personal data voluntarily. Personal data of the passenger is necessary in the process of realizing the requested service and will be used for further communication (e.g., letter of intent, payment instructions, information about service realization). The agency undertakes not to disclose personal data of the passenger outside the country or to third parties, except to partners participating in the realization of the contracted service (accommodation facility, airline, carrier, insurance company). Personal data of the passenger will be stored in a database, in accordance with the decision of the agency's management on the method of collecting, processing, and storing personal data. By signing the contract, the passenger consents that their data, as well as images and videos from the trip, may be used by the agency for promotional purposes. The passenger may revoke it at any time by sending a written request to info@eklata.com.

TRAVEL INSURANCE PACKAGE

Travel insurance package is not included in the price and is additionally contracted at the agency unless otherwise indicated in the offer. The passenger may also arrange it at the agency, which in this case acts as an intermediary in the sale of insurance between the passenger and the insurance company and is not responsible for further negotiations between the Passenger and the Insurer. More detailed information about this type of insurance is available on the website www.eklata.com. By signing the travel contract, the passenger confirms that they have been informed by the agency about the possibility of arranging a travel insurance package.

LIABILITY INSURANCE

By signing the contract and paying the first installment, passengers are insured with a liability insurance policy. The agency will also inform the passenger about its contents, i.e., compensation for damages caused by non-fulfillment, partial fulfillment, or improper fulfillment of obligations related to the package arrangement. By signing the travel contract, the passenger confirms that they have been informed by the agency about this insurance. Information about the Insurer: Generali osiguranje d.d., policy number P13E-1024807434, VAT: 10840749604, Slavonska avenija 1b, 10000 Zagreb, info.hr@generali.com, phone 01 46 00 400.

DEPOSIT INSURANCE

Deposit insurance for travels is contracted with the insurance company and is included in the prices of all agency package arrangements. The contract, which includes these General Terms and Conditions of Travel, also serves as a confirmation of the deposit insurance. By signing the travel contract, the passenger confirms that they are familiar with their rights arising from the deposit insurance and that they have received a valid, appropriate certificate for it. Information about the Insurer: Generali osiguranje d.d., policy number P15-1020000844, VAT: 10840749604, Slavonska avenija 1b, 10000 Zagreb, info.hr@generali.com, phone 01 46 00 400.

FINAL PROVISIONS

These travel conditions apply to all programs issued by the agency EKLATA d.o.o., whether specifically indicated in the programs or not. General Terms and Conditions of Travel are also available on the website www.eklata.com. The parties undertake to resolve any possible disputes amicably. If not possible, the competent court in Split will settle disputes, and Croatian law applies. By signing the contract, the passenger confirms that they have been provided with all pre-contractual information regarding the package arrangement by the agency, as well as all information about their rights according to the Law on Provision of Tourism Services (NN 130/17) and EU Directive 2015/2302 on package travel and linked travel arrangements.

The central contact point for administrative cooperation in the Republic of Croatia is established at the Ministry of Tourism and Sports, Prisavlje 14, 10000 Zagreb, pisarnica@mints.hr, tel. +385 1 6169 111.

Local representative of the organizer: Branimir Ivkošić, Osječka 11, 21000 Split, +385 21 544 232, branimir.ivkosic@eklata.com.

Contact for alternative dispute resolution: Mediation Center at the Croatian Chamber of Economy, Roosveltov trg 2, 10000 Zagreb, tel. 0800 1852, hgk@hgk.hr.

For package arrangements, if agreed as such, the Passenger has all the rights arising from the provisions of the Law on the Provision of Tourism Services related to package arrangements. The tourist agency Eklata d.o.o. is fully responsible for the proper execution of the package arrangement as a whole. The tourist agency Eklata d.o.o. has a legally prescribed deposit insurance for the compensation of passenger payments and, if transportation is included in the package arrangement, the repatriation of passengers in case it becomes insolvent.

The most important rights in accordance with the Law on Provision of Tourism Services:

Passengers will receive all essential information about the package arrangement before entering into the travel contract for the package arrangement.
There is always at least one trader responsible for the proper execution of all travel services covered by the contract.
Passengers receive an emergency telephone number or contact point details through which they can contact the agency.
Passengers can transfer the package arrangement to another person with notice within a reasonable time and possible payment of additional costs.
The price of the package arrangement can only be increased if specific costs (e.g., fuel prices) increase and if expressly provided for in the contract, in any case, no later than 20 days before the start of the package arrangement. If the price increase exceeds 8% of the package arrangement price, the passenger can terminate the contract. If the organizer reserves the right to increase the price, the passenger has the right to a price reduction if there is a decrease in relevant costs.
Passengers can terminate the contract without paying any termination fee and receive a full refund of all payments if any of the essential elements of the package arrangement, except for the price, are significantly altered before the start of the package arrangement. If the trader responsible for the package arrangement cancels the package arrangement before the start, passengers have the right to a refund and, if necessary, compensation.
Passengers can terminate the contract without paying any termination fee before the start of the package arrangement in case of exceptional circumstances, such as serious security issues at the destination that could affect the package arrangement.
Additionally, passengers can terminate the contract at any time before the start of the package arrangement by paying a reasonable termination fee that can be justified.
If significant elements of the package arrangement cannot be provided as agreed after the start, alternative arrangements without additional costs must be offered. If services are not provided in accordance with the contract and this significantly affects the execution of the package arrangement, and the organizer does not correct the non-compliance, passengers can terminate the travel contract for the package arrangement without paying a termination fee.
Passengers have the right to a price reduction and/or compensation for damages if travel services are not provided or are provided improperly.
If a passenger encounters difficulties, the organizer must provide assistance.
If the agency becomes insolvent, payment will be refunded. If the agency becomes insolvent after the start of the package arrangement and if transportation is included in the package arrangement, repatriation of passengers is ensured. Tourist agency Eklata d.o.o. has arranged protection in case of insolvency with Generali osiguranje d.d. Passengers can contact this entity, and the contact details are: Generali osiguranje d.d., policy number P15-1020000844, VAT: 10840749604, Slavonska avenija 1b, 10000 Zagreb, info.hr@generali.com, phone 01 46 00 400 if services are denied due to the insolvency of tourist agency Eklata d.o.o.

Websites where you can find Directive (EU) 2015/2302:

http://eur-lex.europa.eu/legal-content/HR/TXT/?uri=CELEX:32015L2302

Websites where you can find the Law on the Provision of Tourism Services:

https://narodne-novine.nn.hr/clanci/sluzbeni/2017_12_130_2982.html