Terms and conditions

GENERAL TERMS

Backpack Ltd tourist agency

Tomaševićeva 5, 10410 Velika Gorica, Croatia

Personal Identification Number (OIB): 81587460909

 

INTRODUCTORY NOTES

These terms and conditions form an integral part of the Agreement entered into by the Backpack Travel Agency as a provider and the traveler as a contractor of the services.

The traveler is required to read and become familiar with all the conditions before concluding the contract.

  1. Booking and contracts

For the services provided by the Backpack Travel Agency a traveler can register by phone, electronic mail or other means of remote communication as well as with authorized partners. By signing the contract, voucher, travel application, by confirming the arrangement via electronic mail, or dictating the number of their credit card, the traveler fully accepts these Travel booking conditions that they have carefully studied. When registering and for the purpose of booking the selected service, the traveler pays 50% of the cost of the arrangement (per person) unless otherwise stated in the program. The difference to the full price of the arrangement is paid no later than 30 days before the start of the trip unless otherwise stated in the program; exceptions are installment payments and excursions.

 

  1. Price and content

The price of the arrangement includes those services listed on the program under the “Price includes” and may also include various fees, which are particularly emphasized on the program. The price of the arrangement does not include those services listed under “Price does not include” , with a note that some of the optional services can be pre-arranged and will be noted in the Travel contract.

 

  1. The right to a price increase and the right to cancel due to the price increase

In case there is a change in the contracted (agreed)  currency exchange rate or in case of other changes affecting the formation of the travel price, Backpack Ltd has the right to increase the price of the arrangement no later than 20 days before the start of the trip. The contracting travel party or the traveler has the right to terminate the travel contract if the price increase is greater than 10%. In this case, they are entitled to a refund of the amount paid without the right to compensation for damages and any possible costs of visa, insurance, vaccinations and similar charges. If the traveler does not cancel personally by coming to the point of sale or in writing, within the specified time period, they are considered to be in agreement with the price change. Published prices are a result of  Backpack’s contract with partners and do not have to match the prices stated on the spot in the area where the traveler is staying.

 

  1. Discounts for children and other benefits
    Please refer to the discounts for children as well as other benefits that are specifically shown in the description of the arrangement.

 

  1. Travel documentation
    The travel documents will be handed to you no later than 5 to 7 days prior to departure (depending on the organizer that is in charge), unless stated otherwise in the program. The traveler is obliged when registering to provide all the details of all the travel companions they are registering. The data must fully match with the data in the official documents that the passengers are required to carry with them, according to the rules of each country. In the event that inccorect information causes a delay, additional costs or the termination of the trip, the traveler will be responsible for all costs incurred by themselves and the passengers.

 

  1. Categorization and description of services
    The offered accommodation capacities in the programs are described according to the official categorisation of the country in question at the moment of issuing the program. Food, comfort and other services offered by a hotel / an apartment are under the supervision of local tourist authorities, and the standards of accommodation and services are different and not comparable.

 

  1. Room / apartment accommodation
    The room / apartment is assigned by the reception in the place of stay. Unless a traveler explicitly contracted a specific room / apartment, they will accept any officially registered accommodation unit in a particular facility described in the catalog and the price list. Room accommodation is most often not possible before 2pm on the day the service starts, and one usually has to leave before 10am on the day the service ends. Arrivals after 8pm must be announced in advance, unless otherwise indicated.

 

  1. Costs of additional services and offers on request outside the published programs

If a passenger submits a request for additional services, these will be specifically negotiated and Backpack Ltd will indicate if a payment guarantee is required.

 

  1. Travel cancellation
  2. a) If the Contractor or the Traveler cancels the arrangement for Croatia, Backpack will retain the following amount of the total price of the arrangement for damage compensation:

up to 30 days before departure 10% of the price of the arrangement, but no less than 100 kn,

29 – 22 days before departure 25% of the price of the arrangement,

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

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

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

after departure 100% of the price of the arrangement.

  1. b) If the Contractor or the Traveler cancels the arrangement for travel outside of Croatia, Backpack will retain the following amount of the total price of the arrangement for damage compensation:

up to 60 days before travel 10% of the price of the arrangement,

60 – 46 days before travel 20% of the price of the arrangement,

45 – 31 days before travel 50% of the price of the arrangement,

30 – 16 days before travel 80% of the price of the arrangement,

15 days before travel 100% of the price of the arrangement,

after departure 100% of the price of the arrangement.

 

  1. c) If an excursion (daily activity) is canceled, Backpack will retain the following amount of the total price for damage compensation:

 

8 and more days before the excursion 0% of the excursion price

7 – 2 days before the excursion 50% of the excursion price

1 day or not showing up 100% of the excursion price

 

The mentioned cancellation costs also apply to changes in the date of departure or accommodation, i.e. the type of room / apartment as well as all other relevant changes. If a traveler finds a new user for the same reservation that meets all the stipulated conditions, Backpack will charge only the costs caused by the replacement. In case of travel cancellation, the cost of issuing visa / travel documents is not paid. In the event of a passenger canceling or shortening a trip due to weather conditions, Backpack will apply the above scale and will not accept the subsequent complaints. If some of the programs and arrangements are subject to special conditions, Backpack will list them when concluding a contract and apply them. The travel contractor i.e. the traveler is required to confirm a verbal cancellation in writing either by letter, fax or e-mail. If the traveler does not confirm the verbal cancellation in writing, it will be considered that they have not canceled the trip. If a passenger, at their  own request, terminates a trip that is in progress, they are not entitled to a reimbursement of costs incurred due to an early return to the place of departure.

 

  1. Cancellation risk insurance
    Cancellation insurance is charged when concluding the contract and cannot be paid later. The insurance premium is calculated on the basis of the value of the trip and according to the price list of the insurance company. Unforeseen obstacles as a reason for travel cancellation are determined by each insurance company in accordance with its terms. In the event of a trip cancellation, the amount of the premium paid for the cancellation insurance will not be refunded. Also, when canceling the arrangement, the cost of obtaining visas and reservation service is not paid, even though the traveler has paid cancellation insurance. If the traveler has not paid the cancellation insurance and must cancel the trip due to the above mentioned unforseen obstacles, Backpack reserves the right to payments according to the rules set out in point 9. Other insurance conditions can be found in the insurance policy.

 

  1. Accident and sickness insurance, luggage insurance and health insurance during travel and stay abroad

By signing the Travel Contract, which includes these Terms and Conditions as its integral part, it is considered that travelers are offered and recommended additional insurances mentioned in the previous paragraph. In the event that the traveler requires these insurances, they can be contracted directly at one of the insurance companies or with Backpack, with Backpack acting only as an intermediary. We recommend that you carefully review the terms of the insurance before purchase.

 

  1. Trip cancellation or program change by Backpack

If not enough travelers register, Backpack reserves the right to cancel the trip, but no later than 5 days before the start of the trip, except for excursions. The minimum number of travelers needed for each trip is specifically indicated in each program / arrangement. Backpack reserves the right to completely and partialy change the travel program if there are exceptional circumstances before the start of the trip that could not be anticipated or avoided. Backpack reserves the right to change the day or the hour of departure due to flight order changes or occurrence of unforeseen circumstances, as well as the right to change the direction of travel if the conditions of travel change, such as: changed flight order, security situation in the country, weather conditions, and to do so without payment of damages, and according to the applicable regulations in international traffic. Should Backpack cancel the trip, the traveler is entitled to the payment of the amount paid in full or, preferably, an alternative date, but not to the compensation of damages.

  1. Travel documents
    Travelers are required to have valid personal travel documents. Invalid documents that result in travel cancellation have no adverse consequences for Backpack Ltd and if because of such an omission by the traveler Backpack Ltd suffers additional damage, the traveler is obliged to compensate for it. If a theft or a loss of travel documents occurs during the trip, the costs of issuing new documents are borne by the traveler. If a visa is required for a trip, Backpack can mediate in obtaining one at a special additional fee. Backpack is not responsible for the decisions of customs, police and other state bodies which deny traveler’s entry to a particular country.

 

  1. Foreign currency and customs regulations
    Travelers are obliged to abide by foreign currency and customs regulations, as well as laws and other bylaws of the Republic of Croatia and other countries through which they are traveling and in which they are staying. In case of the inability to continue the trip because of a violation of the regulations by the traveler, all incurred costs are borne by the offender.

 

  1. Health regulations
    Travel to some countries requires mandatory vaccinations against certain diseases and the traveler is required to have vaccination certificates and documents.

 

  1. Luggage
    Luggage transportation by airplane is determined by the air carrier and the luggage surplus is paid by the traveler at the applicable air carrier prices. When traveling by bus the traveler can take 2 pieces of personal luggage. Travelers are required to take care of their belongings and Backpack is not responsible for luggage theft, loss or damage.

 

  1. Complaints
    Regarding irregularities and complaints the traveler must first complain to the service provider on the spot (hotel, apartment and similar, travel manager, travel organizer representative or the immediate service provider). In the event that a complaint can be resolved on the spot and the traveler has not complained of irregularities on the spot, it is understood that the traveler agrees with the service and they have thereby lost the right to log a complaint later with the request to reduce the cost of the service or pay damages . Backpack will not consider the complaint if the traveler has not provided a copy of the written complaint they have filed on the spot. If there is no improvement after the complaint, the traveler must ask for a confirmation that the service was not provided or not provided in the manner agreed upon in the contract. The confirmation must be enclosed with the written complaint. The traveler has to make a written complaint within 8 days after the end of the trip. If a traveler submits a written complaint after that deadline, Backpack will not be required to consider such a complaint. Backpack Ltd is obliged to make a written decision about the complaint within 14 days upon receipt of the complaint and may postpone the deadline for the decision about the complaint for an additional 14 days in order to collect information. While the decision process is ongoing, and no later than 14, i.e. 28 days after the complaint has been made, the traveler irrevocably waives the mediation of any other person, arbitration of UHPA or other institutions, as well as providing information to the media. Likewise, during this time the traveler waives their right to sue. The highest compensation amount per complaint can reach the price of the service that was the subject of the complaint, and cannot include the services already used, nor the total amount of the arrangement. In the case of a contract according to the “Action system” the traveler has no right to object to the accommodation. The traveler and Backpack will endeavor to settle disputes by mutual consent, otherwise they agree by contract on the jurisdiction of the court in charge of the area of Velika Gorica. Applicable law will be Croatian law.

 

  1. Backpack tourist agency’s obligations
    Backpack is required to take care of providing services as well as the choice of the service provider, with the attention of a good businessman, and to take care of the rights and interests of the traveler in accordance with accepted practices in tourism. Backpack is obliged to provide all the contracted services for a particular arrangement / trip and to provide answers to any failure to perform services or a part of the services. Backpack will fulfill all of the above-mentioned obligations from its programs completely and in the manner described, except in the case of force majeure or changed circumstances. If possible, Backpack will in such cases offer a replacement solution. Backpack is not required to provide services beyond these Terms and conditions. Backpack is not responsible for possible errors in the print and will inform the contractor / traveler as soon as they notice them.

 

  1. Traveler’s obligations
    The traveler is obliged to abide by the rules of conduct in accommodation facilities, i.e. means of transport , and they are obliged not to impede the smooth running of the Travel program with their behaviour as well as not to undermine the rights of other travelers in the use of Backpack services. In the event that the traveler causes damage to the service provider in the accommodation facility or means of transport, i.e. prevents regular and smooth running of the travel program, they are obliged to immediately eliminate the damage or compensate the injured party while cooperating with the service provider and Backpack. If the traveler endangers the regular and smooth running of the Travel program, Backpack, apart from the right to compensation for damage, has the right to cancel the trip, in which case it will be considered that the trip was interrupted at the request of the traveler, where Backpack is not required to bear the costs of the return to the place of departure. If in the case described in the preceding paragraph of this point the traveler is a minor or a child, the parent is obliged to accept the child’s return home or to come and pick up their child at their own expense.

 

  1. Terms and conditions for traveler’s transport by air, sea and road transport

The terms and conditions of air, sea and road transport of travelers and luggage are defined by the carrier and the traveler is obliged to abide by them.

 

  1. Insurance in case of insolvency or bankruptcy of travel organizer

In accordance with the Act on the provision of tourism services, in the case of Backpack’s insolvency or bankruptcy,  travelers on a trip, as well as persons who have paid a deposit for a trip, should contact the insurance company with which Backpack has a Liability insurance policy and the number of the policy is listed on each Travel contract.

 

  1. Liability Insurance
    In accordance with the Act on the provision of tourism services, Backpack has a liability insurance contract with the insurance company for the damage caused to the traveler by non-fulfillment, partial fulfillment or improper fulfillment of the travel-related obligations.

 

  1. Personal data protection
    The traveler voluntarily provides personal information which is required in the process of providing the required service and Backpack will act in accordance with the Consumer protection act.
    If the traveler acquires an insurance policy, the personal data is forwarded to the insurance company. Traveler’s personal data will be kept in a database according to the decision of the management on how to collect, process and keep personal data. The traveler agrees that their personal information can be used for the purpose of Backpack’s marketing campaigns.

 

  1. Trips organized by other organizers / tour operators

These General travel terms and conditions are an integral part of the Contract that the traveler enters into with the Backpack travel agency, or with an authorized travel agency with which they have signed up for a trip organized by Backpack. For each program the terms and conditions of the specified organizer that is in charge for that trip are applied. For all programs in which Backpack acts as an intermediary, Backpack is not responsible for the trips or tourist arrangements for which it is not the oganizer in charge, but only mediates in the sale. All travel arrangements that Backpack represents as an intermediary are specifically marked, which will be visible in a published program and in the travel contract. In this case, the general conditions of the specified travel organizer in charge are applied. By signing the contract, the traveler fully accepts the program and the terms and conditions of the trip.

 

 

FINAL PROVISIONS

Instructions and conditions of booking and purchase of tourist arrangements will take effect on May 1st, 2018.
Backpack Ltd tourist agency

Tomaševićeva 5, 10410 Velika Gorica, Croatia

Personal Identification Number (OIB): 81587460909

The agency is registered with the Register of tourist agencies at the Ministry of Tourism of the Republic of Croatia

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