Swinger cruise croatia

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Terms & Conditions

TERMS & CONDITIONS

 

GENERAL TERMS

 

These General Terms and travel regulations are a component part of the Agreement, in other words the sailing voucher, between SCC d.o.o. Umag Croatia (hereinafter: the Agency) and the travel contractor (hereinafter: the Traveler) of the tourist booking. All the information and terms in the program and these General Terms are binding for both the Agency and the Traveler unless otherwise determined by the Agreement.

 

OFFERS

 

The Agency ensures sailing services according to the published information, description and schedule in accordance with confirmed reservations except in circumstances beyond our control.

 

RESERVATIONS AND PAYMENT

 

Inquiries and reservations for sailing routes can be made online, in writing or in person at any of the Agency’s branch offices as well as at the offices of partner travel agencies.
By confirming a reservation, the Traveler confirms that he/she is aware of the General Terms and conditions of the sailing services and fully comprehends and accepts these terms which are binding for both the Traveler and the Agency. The Traveler is obligated to provide any information which is required for the reservation process. A deposit is required for reserving a sailing route wherein the amount is determined by the method of payment. The remaining amount must be paid no later than 90 days prior to the beginning of the service unless otherwise specified by the terms and conditions (with the exception of payment in installments), with which the Traveler is familiar with upon confirmation of the reservation. Note for payment by credit card – the amount charged will be expressed in Kuna according to the exchange rate of ZABA on the billing day or in Euro. Dictating one’s credit card number over the phone also signifies that the Traveler fully accepts these General Terms. Differences and fluctuations between the exchange courses of ZABA (our bank) and the Guest’s credit card company are possible. All banking expenses, as well as any other additional expenses concerning the payment procedure, are taken by the Guest.  Should the Traveler not put down a deposit or pay the remaining amount by the deadline provided, the travel organizer reserves the right to cancel the reservation and charge cancellation fees according to Article 8 following the issuance of a notice for payment and an exceeded payment deadline.

 

SOJOURN AND PORT TAX

 

According to the rules imposed by the service provider the customer is obligated to pay the sojourn and port tax on the spot during embarkment. The rate of both taxes is listed in the price list of the cruise. The fees are paid in cash when boarding.

 

SAILING RATES

 

The price of the sailing route includes the basic services provided in the description of each route and the dates which refer to the reservation. Special services are those services which are not included in the price of the sailing route (in the description portion of the sailing route marked “Note for sailing” or additional services that are available through prior notification) and as such the Traveler is obligated to pay for these services separately on the spot to the service provider. Special services/requests must be made during the reservation process and the organizer is under no obligation to fulfill these requests however they will be taken into consideration. The rates for the sailing routes are listed in Euros. The Agency reserves the right to change the listed rates (in the event of rates being changed by the service provider or due to the exchange rates). The Agency guarantees the rate, which the Traveler paid as a deposit for a specific reservation, listed in the calculation on the basis of which the deposit was paid. Should rate changes occur prior to the deposit being paid, the Agency is obligated to inform the Traveler of these changes. In the event that changes in the exchange rate or an increase in other expenses by the service provider which directly affected the cost of the booking, of which the Agency was not and could not have known or been aware of, occur after a reservation has been confirmed, both parties confirm that the Agency has the right to raise its prices, no later than 20 days prior to the sailing trip. Should the increase in the price of the paid reservation amount to more than 10 %, the Traveler has the right to cancel his/her reservation and is also entitled to a refund without any additional compensation. Should the number of people in a reserved cabin exceed the number indicated on the travel documents (voucher), the service provider has the right to withhold services for unannounced travelers or to allow all of the unannounced travelers and request additional payment on the spot.

 

DESCRIPTION OF SERVICES

 

The service provider is responsible for the information and description of the available boats and cabins based on the inspection of their actual state/condition at the time the description was issued. The standards of the accommodation, food, services and the like in certain places and countries vary and are not subject to comparison. The information which the Traveler receives at the point of sale does not bind the Agency any more than the information posted on the web pages of SCC or in the catalogue or other printed materials of the Agency. All of the boats of the Agency meet the standards of the Croatian Register of Shipping and other regulations in reference to the technical condition of the boat, in other words, the safety equipment. In the event of circumstances beyond his/her control, for example accidents or engine failure, the service provider has the right – in the interest of the safety of the passengers –to change the travel route, head towards the nearest port and/or board another boat.

 

THE AGENCY’S RIGHT TO MAKE CHANGES AND CANCELLATIONS

 

The Agency reserves the right to make changes regarding reservations in the event of circumstances which cannot be predicted, avoided or removed (see Article 2). A reserved sailing route can only be switched with prior notification by the Traveler for a sailing route in the same category or in a higher category at the price at which the Traveler confirmed the reservation. If the replacement sailing route is only possible on a route/boat in a higher category or a date where the price is 15% more than the price of the paid reservation, the Agency reserves the right to charge the Traveler the difference and is required to consult with the Traveler.
In the event that a replacement sailing route cannot be arranged, the Agency reserves the right to cancel the reservation by first notifying the Traveler no later than 7 days prior to the beginning of the sailing route and guarantees a full refund of the paid amount. If an adequate replacement route is not available on the day of the commencement of the service, the Agency will make an effort to provide the Traveler with information on the possibility of an alternative arrangement which is not part of the Agency’s offer or will refund the Traveler for the full amount paid for the reservation.

 

THE TRAVELER’S RIGHT TO MAKE CHANGES AND CANCELLATIONS

 

In the event that the Traveler wishes to change or cancel a reservation, he/she must do so in writing (by e-mail, mail or fax). Changes can refer to the number of people or the names of the travelers, the date of the commencement and/or end date of the service and must be made no later than 60 days prior to the beginning date of the service in question. Should the Traveler wish to make any changes after the abovementioned deadline, assuming that these changes can be made, these changes are then regarded as a cancellation of the reservation according to the terms mentioned below and a new reservation is entered automatically. This is not applicable for changes that result in minimal costs. A fee of 50 Euros will be charged for each reservation change. If a reservation change is not possible and the Traveler gives up the confirmed reservation, the cancellation terms listed below apply.
Reservation changes from Charter to Sailing are only possible by request no later than 90 days prior to the beginning date of the route. Reservation changes amount to 10% of the confirmed charter price. Charter refers to the rental of an entire boat with or without the a la carte program for the entire group (minimum 34 people)
For fixed confirmed reservations for sailing routes and charters, the date on which the written cancellation is received represents the basis of the calculation of costs as follows:

 

Sailing – standard engine sailboats:

All cancellations must be made in writing. Upon confirmation of individual reservation a 100% deposit per person is required.

In the event of cancellation by the client, the Company reserves the right to levy cancellation charges as follows:

 

– 25% of the total cruise rate 90 days prior to the cruise

– 50% of the total cruise rate 45 days prior to the cruise

– 100% of the total cruise rate 30 days prior to the cruise

 

Charter – standard engine sailboats

All cancellations must be made in writing. Upon confirmation of individual reservation a 100% deposit per person is required.

In the event of cancellation by the client, the Company reserves the right to levy cancellation charges as follows:

 

– 25% of the total cruise rate 90 days prior to the cruise

– 50% of the total cruise rate 45 days prior to the cruise

– 100% of the total cruise rate 30 days prior to the cruise

 

For every cancelled reservation the Agency charges a fee of 50 Euro for handling expenses. In the event the total amount of the reservation is under  50 Euro, the Agency charges a fee of 10 Euro for handling expenses.

 

In the event that the Traveler does not arrive on time, in other words at the scheduled time of departure, and did not previously inform the Agency or service provider, the reservation will be cancelled and the corresponding cancellation fees will be charged according to the abovementioned terms. Should the actual costs of the cancellation exceed the above listed fees, the Agency reserves the right to charge the actual costs. If the Traveler cancels a reservation and provides a replacement for the same reservation, the Agency will only charge the actual costs of the replacement. The new reservation holder assumes all of the obligations of these General Terms and Conditions.
If the Traveler did not use certain services that were made available to him/her during the sailing route due to the fact that he/she ended the trip earlier or other unpredictable reasons, the Traveler does not have the right to seek a partial refund of the full amount paid.
The Agency recommends acquiring a travel insurance package (see Article 14).

 

OBLIGATIONS OF THE AGENCY

 

The Agency is responsible for providing services as well as selecting the service provider while respecting the rights and interests of travelers in accordance with the traditions of the tourism industry. The Agency will fulfill all the abovementioned obligations as described except in circumstances beyond its control (Article 2), and will then proceed as described in Article 7. The organizer can cancel a trip as the result of the minimum number of required passengers not being met only if he/she provided the minimum number of passengers in the description of the sailing route and adhered to the date by which he/she was obligated to inform the passengers of the cancellation. In the event of a cancellation, travelers must be notified no later than 7 days prior to the beginning date of the route.
If the organizer comes to the realization that the minimum number of required passengers has not been met prior to the abovementioned deadline, he/she is obligated to notify the passengers in which case the passengers are entitled to a full refund. The Traveler also has the opportunity of accepting an alternative route provided that the Agency is able to offer such an alternative.

 

OBLIGATIONS OF THE TRAVELER

 

The Traveler is obligated to:

 

  • have valid travel documentation
  • respect and abide by all customs and foreign exchange regulations of the destination country
  • abide by the rules of the boat as well as cooperate with the service providers give the document which confirms payment of service (receipt or voucher received by e-mail) to the service provider
  • enquire whether or not he/she requires a visa for the destination country as well as neighboring countries

 

If the Traveler does not follow these regulations, he/she will be held responsible for any expenses or damages. By confirming a reservation, the Traveler is obligated to pay the service provider on the spot for any damage(s) he/she may have caused.

 

BAGGAGE/LUGGAGE

 

Each traveler is responsible for his/her own property. The service provider and the Agency are not responsible for lost, damaged and/or stolen property of passengers or other property stored on the boat, operative vehicle or at the agency office or the office of the service provider (an insurance package which would include luggage is recommended). Payment of the corresponding portion of the reservation amount confirms the reservation and confirms that the Traveler accepts these General Terms and Conditions and thus renounces all claims for the compensation of any property loss and/or damages by the Agency or service provider. Lost or stolen property is reported to the service provider or local police station.

 

HANDLING COMPLAINTS

 

Should the services in the offer not be provided in a quality manner, the Traveler can demand relative compensation while abiding by the method for the resolution of the complaint in question. Every Traveler has the right to file a complaint for paid services that were not provided. Every Traveler – having a confirmed reservation, must file his/her complaint separately.

Filing a complaint:

The Traveler is obligated to file a complaint on the day of his/her arrival at the location of the service provider and to inform the Agency office SCC d.o.o.  Umag, Croatia The Agency is obligated to provide a regional representative at the location where the complaint was filed and the Traveler is obligated to wait for the representative. The Traveler is obligated to cooperate with the Agency representative as well as with the service provider in a well-intentioned manner so that the cause of the complaint can be resolved. Should the Traveler not accept the proposed solution which corresponds with the service rendered on the spot, the Agency is not obligated to take additional complaints into consideration (should an adequate alternative exist on the boat in question the Traveler is obligated to accept the alternative). The Agency does not take into consideration complaints having to do with events or programs that are not part of the sailing route (construction work, the cleanliness of beaches, the condition of buildings nearby, climate conditions, noise and the like).

If the problem is not resolved on the spot following the intervention of the representative, the representative shall compile a written affirmation in 2 copies, one for the Agency and one for the Traveler. In this case, the Traveler is obligated to submit a written complaint along with the account provided by the representative, supporting documents as well as any photographs to support the complaint to the agency SCC d.o.o.  Umag, Croatia  no later than 8 days following the return of the Traveler from his/her trip. The Agency shall only take into consideration those complaints which are received within the 8-day deadline.

If the Traveler does not file a complaint in regards to the accommodation on the spot, he/she is not entitled to a refund.

The Agency is obligated to provide a written resolution to the complaint within 14 days of receiving the complaint. The Agency is entitled to extend the deadline for the written resolution due to the collection of information and verification of the claim with the service provider for a maximum period of an additional 14 days. The Agency will only resolve those complaints in which the cause of the complaint could not have been removed at the vacation destination.

Until a decision has been made by the Agency, the Traveler relinquishes the right to involve a third party, the arbitration of the Association of Croatian Travel Agencies or judicial institutions, as well as publicly disclose information.

The highest amount of compensation per complaint can amount to the complaint portion of the service and cannot encompass the used portion of the service or the total amount of the service. This excludes the Traveler’s right to be compensated for ideal damages.
The Agency cannot be held responsible for climate conditions, cleanliness, and the temperature of the sea, or crowds, as well as similar situations and events which can result in the dissatisfaction of travelers and are not a direct result of the reserved sailing route.

 

BANKRUPTCY INSURANCE – INSOLVENCY

 

In accordance with the Law on Tourism, in the event of the Agency’s inability to pay or insolvency while the Traveler is already on his/her trip, the Traveler, as well as any other persons that paid a deposit for their trip, should contact the Agency’s insurance company as soon as possible (hereinafter: Allianz), and refer to policy number:

 

CANCELLATION INSURANCE

 

Should the Traveler upon confirming a reservation anticipate specific situations which may cause him/her to cancel a trip, the Agency recommends taking out cancellation insurance. Cancellation insurance cannot be paid after-the fact and must be paid during the booking process. Insurance premiums are calculated according to the value of the trip and according to the rates of Allianz.

Cancellation insurance is only valid in the following situations and confirmation must be provided in writing:

 

a) death
b)accidents resulting in serious injuries
c) sudden acute illness, which requires immediate medical attention/care
d) complications during pregnancy
e) intolerability of vaccines which were required by the regulations of the destination country
f) property damage as the result of fire, natural disasters or vandalized property by a third party
g) military service/recruitment

 

Should the Traveler not have cancellation insurance and is unable to travel and possesses written confirmation for one of the above mentioned situations the Agency reserves the right to refund the Traveler according to the cancellation terms listed in Article 8 of this Agreement. In the event of a reservation being cancelled, visa application costs are non-refundable even if the Traveler has cancellation insurance. If the Traveler has a cancellation insurance policy, the Traveler must file all claims with the insurance company which issued the policy, while the Agency is obligated to provide all necessary documentation relating to the claim and the reservation in question. All other terms and conditions are enclosed with the policy and the Agency recommends that travelers read the policy carefully and thoroughly.

 

TRAVELER’S INSURANCE

 

The cost of the trip does not include the travel insurance “package”: insurance against accidents and illness, damage or loss of luggage or health insurance. The confirmation of a reservation, which includes these General Terms, signifies that the Traveler has been offered and received recommendations for additional insurance mentioned in the previous article.
Should the Traveler request additional insurance, arrangements can be made at any insurance company or by the Agency itself wherein the Agency acts as a mediator. Before buying insurance the Agency strongly recommends each traveler to read the terms and conditions carefully.

 

PERSONAL INFORMATION SECURITY

 

The Traveler provides personal information of his/her own free will. Personal information is required for processing requested services. The same information shall be used for inter-communication. The Agency is under obligation that the personal information of the Traveler will not be taken out of the country or given to a third party except for the purpose of carrying out requested services. The exception of passing on personal information to third parties refers to cancellation insurance or insurance against accidents and illness, insurance of lost luggage and health insurance for the duration of the trip both locally and abroad. Should the Traveler request insurance, the personal information of the Traveler will be passed on to the insurance company. The personal information will be kept in a database in accordance with the Management’s decision on the method used for collecting, processing and securing personal information. With the acceptance of these General Terms, the Traveler gives permission for his/her personal information to be used for promotional offers of the Agency.

 

DISCOUNTS

 

In the event of simultaneous offers, discounts cannot be combined. Discounts do not apply to last minute offers.

 

NOTE

 

Putting down a deposit, in other words, payment in full of the sailing route reservation signifies that the Traveler fully comprehends and accepts these General Terms. These General Terms and travel regulations override all former terms and travel regulations.

 

COURT  JURISDICTION

 

Should a traveler not be satisfied with the manner in which his/her complaint was handled, he/she has the right to judicial arbitration. The Traveler and the Agency will aim to settle possible law suits in the application of this Agreement and if an agreement cannot be reached the issue will become subject to the decision of the Zagreb Court jurisdiction, under the authority of the laws of the Republic of Croatia.

 

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