“LOVAG” TRAVEL AGENCY
GENERAL TERMS AND CONDITIONS (hereinafter as GTC)
- GTC in general
In the Travel organization company Lovag (hereinafter as the Agent) acts and intermediates as an Agent between a Traveller and a Travel organizer/ Outfitter.
Agency is authorized to conclude contracts with Travelers on behalf and for the account of the Travel organizer/ Outfitter what means that there is legal connection between the Traveller and Travel organizer/
Outfitter in respects to their service quality. By closing the Travel contract with the Agent the Traveller accepts GTC of the Agent and Travel organizer/ Outfitter. It is the agent’s duty to inform the Traveller before closure of Travel contract about GTC which will be valid for and applied to the contracted Travel.
In case Agent contracts services necessary for successful travel organisation with some other service providers, GTC which those service providers consider as valid will be applied. It is Travelers duty to inform themselves about other service providers GTC details.
- Closing a Travel contract
The offers which the Agent puts forward by Internet, leaflets, price lists or which by some other means of communication have been given to Traveller notice are binding in case they contain special validity clause .
It is Traveller's obligation to clarify conditions and details of the Agent's offer before accepting it. Traveller is not allowed to renegotiate terms and conditions of the offer after its acceptance.
The Travel contract between Traveller and the Agent will be considered as closed:
- When the traveller accepts Agents valid offer in writing or by some other means of communication
- When the Agency confirms the Traveller’s offer acceptance in writing.
- When the Traveller pays advance payment amounts requested by the offer and adequately issued pro forma invoices.
By closing the Travel contract the Traveller empowers the Agent to contract all services (passenger transport, accommodation, insurance etc.) required for successful travel organisation, provided they have been stipulated in Agents offer. If necessary and by special Travelers order Agent intermediates to or carries out legal businesses prescribed in destination, departure and transit country in order to assure immigration and transit of Travelers, export/ import of weapon and ammunition and export/ import and transport of hunting trophies.
The Agent is entitled to reimburse from Travelers all costs arisen by carrying out above mentioned services. After closing the Travel contract the Traveller is without Agent’s authorization not allowed to negotiate with the Travel organizer or Outfitter’s services being subject of the Travel contract.
It is Traveller’s obligation to compensate to the Agent any current or future damage caused to his business by disrespect of this provision.
By closing the Travel contract the Traveller becomes liable to pay all payable amounts in accordance with Agent’s accepted offer and adequately issued statement of account, pro forma and final invoices.
Agent draws up the final invoice for amounts Traveller is liable to pay based on:
- Consumed services according to travel Protocol
- Expenses of all other in Protocol unspecified services Travelers consumed during this particular travel
Traveller is obliged to meet the deadlines and payment instructions stipulated in the Agents offer and invoices.
In some occasions and upon special Agents authorisation invoices can be paid directly to the Travel organizer/ Outfitter in the country of destination or some other service provider.
All amounts which should after travel termination be paid to the Traveller by the Agent have to be paid in the shortest possible time after date when Agent’s liability was established and due.
Agent guarantees to the Travelers refund of advance payed amounts trough compulsory insurance contract Agent has signed with insurance company in accordance with the Croatian Tourism service providing Act. This refers only to the advance payment amounts over €5,000. On Traveller’s request parties may agree Agent to guarantee advance payment return by a special bank instrument.
- Travel cancellation and/ or interruption
In the case when Traveller cancels the contracted Travel but the terms and conditions of the cancellation are not specified in the offer the following provisions will be valid:
If Travelers desist from confirmed journey there is a possibility they nominate another person’s to replace them. In this case Agent closes a new contract with these persons applying the same terms and conditions as previously agreed with the Travelers who desisted from the travel.
Travellers have right to postpone the travel in period which expires latest 30 (thirty) days before Travel should have commenced. Travel can be postponed for period of max. (twelve) 12 months counting from the date when travel should have commenced applying following conditions:
- Agent has reconfirmed to the passenger that postponed travel shall be realised under provisions and conditions of existing travel contract
- Agent and Traveller concluded new travel contract.
In organising travel with new schedule agent shall recognise and use all amounts Traveller paid before postponing date. These amounts shall be reduced for amounts Agent had to pay to various service providers and which due travel postponing could not have been reimbursed and used for organisation of travel with new schedule.
In case of cancellation Traveller is obliged to cancel the travel in period which expires latest ninety (90) days before the date travel should have commenced. If so Traveller, is obliged to reimburse to the Agent all expenses procured to him due cancelled travel organisation till date of travel cancellation including value of Agents work.
If these expenses do in total make amount which is lower than amount traveller paid to the agent till cancellation date the agent is obliged to reimburse the Traveller for difference (balance) amount.
If the cancellation occurs after expiration of a.m. cancellation period or Traveller interrupts the travel in course Traveller loses the right to be reimbursed for amounts Agent did not spend for organisation of cancelled or interrupted travel regardless and becomes liable to reimburse Agent for all expenses caused by travel cancellation and / or interruption regardless provisions of agents offer or Travel contract.
This especially refers to the following:
- Expenses and losses which due to cancellation or interruption of the travel have been caused to
- the Travel organizer and Outfitter in the country of destination
- All uncovered expenses related to the organisation of contracted travel Agency paid or is liable to pay
to third parties (obtaining visas, permits and licences flight/ hotel booking, vehicle renting, guides booking etc.).
The Agent is in this case obliged to submit to the Traveller special statement of account displaying costs of cancellation and/ or interruption which must be supported by documents issued by third parties.
Coverage of costs which arisen due to cancellation and/or interruption of the Travel booked for the group of Travelers is liability of those persons who contacted and closed the contract with the Agent.
In case when it is impossible to reimburse expenses from this persons Agent is entitled to collect them from each and every person who was supposed to participate or participated on cancelled or interrupted Travel.
There is Agency’s standing offer to contract on behalf of Travellers regular travel and travel cancellation insurance pursuant to terms and conditions of Agent’s local partner insurance company. In case Travellers want to close such insurance contract through the Agent they have to order it from the Agent on written way.
- Changing the price and contract conditions
The Agent holds the right to change prices and other in the offer or contract stipulated terms and conditions in cases when the reasons beyond Agents influence have changed direct expenses and/ or other conditions on such way which makes providing of services stipulated in placed or accepted offer significantly difficult or impossible. This in particular refers to changes of prices and /or conditions at Travel organiser or
Outfitter, changes of transportation prices, airport fees, currency exchange rates, and government regulations and fees.
Agent is obliged to notice Travellers about a.m. changes immediately after he was informed about its occurrence and offer to the Travellers to organise booked Travel under new terms and conditions.
In case Travellers do not accept new offer they are entitled to cancel the travel and Agent is obliged to reimburse to the Traveller all amounts he paid for travel organisation till cancellation date.
Unless stipulated in the offer the Agent does not guarantee the quality of the service provided by the Travel organizer and/ or Outfitter in the county of destination or the quality of service procured by other service providers (transport, hotel, shipping, taxidermy etc.).
Which Traveller was using during his travel Agent guarantees specifics of hunting area, hunting manner, hunting success rate, weight, size and quality of the trophy up to extend stipulated in his offer. The Agent does not consider as valid any possible agreements made between Travel organizer and/ or Outfitter or some third service provider and the Traveller unless and until approved by the Agent .
The Agent does not take over the responsibility for the accidents or its consequences which might happen to the Traveller during his travel and/or stay in the country of destination. The Agent does not take over responsibility for luggage damage or losses, damages or losses incurred by delays during Traveller’s journey and damages or losses incurred by occurrence of “force major” incidents (political unrest, infectious diseases of people or animals, natural disasters etc.).
The Agent does guarantee for the damages suffered by the Traveller if caused by serious oversights, neglect, unprofessionalism, or obvious intention of an Agent’s employee or persons authorized by the Agent. In this case, the Agent guarantees to compensate to the Travellers retour costs of transportation to the travel destination place and costs of accommodation and nourishment (daily rates) but without carried out hunt expenses (trophy fee, trophy transportation and taxidermy expenses etc.), costs of visas, licences, permits and/ or costs of services Travelers used on their own order in the country of destination.
- Complaints and claim
Travellers can place their duly signed written complaints and/or claims to the Agent latest fifteen) 15 days after travel Protocol date.
In consideration shall be taken only complaints or claims supported by separate written documents or written remarks on travel Protocol when worked out at the place where the Traveller consumed Agents service and within Travel duration period. These complaint/ claim documents have to state precise reason for complaint/ claim and must be duly signed by complaining Traveller and Agent’s authorised person or in case of their absence by an independent and unbiased person who witnessed and can confirm travellers claims. In case of group travel complaint/ claim documents have to be signed by at least 2/3 (two third) of travel participants.
Travelers are obliged to notify Agent or by him authorised person about irregularities or defects which might be reason for their claim immediately they noticed signs of their appearance in order to enable the Agent to remove them on the spot and on time. In case Traveller omits to inform agent about irregularities and defects and despite their appearance continues to use defective services he loses right to claim and is obliged to pay consumed services as contracted.
If Travellers do not manage to contact the Agent or by him authorised person they must about complaint and/ or claim notify the service provider whose service was subject of complaints and/or claim.
In case Agent, Travel organiser/ Outfitter or other service provider do not manage to correct claimed irregularities within an adequate period of time Travelers must request to draw up a complaint/ claim minute as stipulated above.
Agent does not accept complaints or indemnity requests of Travelers which due to various personal reasons (late arrival, early departure, temporary disability etc.) did not use services which Agent fulfilling his Travel contract commitments made available to them .It is Agent’s duty to answer Travelers complaint/ claim on written way in period of time latest 15 days after receipt date. Traveller’s complaint and/ or claim does not abolish his obligation to pay consumed services as agreed in the moment of Travel contract conclusion.
- Records on journey - Protocol and Statement of account
After Travelers completed their journey in the country of destination Agent or party authorised by him draws up the Protocol specifying sort quantity of all services Travellers have used during this particular journey.
Beside Protocol Agent or party authorised by him can as journey record document draw up the Statement of account specifying sort, quantity and prices of all services Travellers have used during this particular journey.
Records on journey documents can contain Travelers remarks, complaints and claims. After Protocol’s, Statements of account draw up Traveller and Agents authorised person have to sign this document and each party receives one copy.
In case Travellers reject to sign the Protocol and/ or Statement of account, Agent is entitled to make these documents fully legal and valid if signed by each and every service provider which took part in organising this particular journey.
Protocols and Statement of account are basic documents for working out of final invoices. In case Protocol and/ or Statement of account contain complaint or claim they will be considered as key document for resolving claims according to article 7 of this contract.
Kind, quantity and value of services stated in signed Protocol or statement of account which do not contain claim cannot be subject of claim communicated to Agent once Travel has terminated.
Cancellation of Travel contract and changing of itinerary by the Agent The Agent has a right to cancel the Travel contract and/ or to terminate its carrying out if a client before or during the Travel omits to fulfil provisions of Travel contract and/ or this GTC.
In that case Travellers are obliged to reimburse all costs incurred to the Agent due to Travel cancellation or its untimely termination.
Agent has right to cancel the Travel contract or terminate its progress due to emergence of circumstances which could not have been foreseen in the moment of closing the contract but whose occurrence endangers Traveller or significantly aggravate and make impossible the carrying out of contracted Travel.
In this case Traveller is obliged to reimburse to the Agent all costs Agent paid to the other service providers and which due Travel cancellation or interruption could not be reimbursed to him.
The Agent has right to change the defined travel itinerary due to emergence of circumstances which could not have been foreseen in the moment of closing the Travel contract and whose emergence makes hold on to agreed itinerary impossible.
Agent is obliged to notify the Traveller about these circumstances immediately upon its emergence and offer to them new itinerary .New itinerary has to be placed within period of time which commences on the date of
Agent’s notice and ends (twelve) 12 months later than rescheduled Travel should have started. In case changing travel itinerary caused changes in prices or travel conditions Traveller and Agent may negotiate new
Travel contract. In case they do not succeeded to conclude new contract travel will be considered as cancelled and Traveller has to reimburse to the Agent 50% of expenses which Agent paid to service providers and which cannot due the cancellation be reimbursed to him.
After trophy acquirement Traveller becomes trophy owner and therewith responsible to respect regulations and fulfil conditions in respect to trophy evaluation, preparation, transport and export procedure in country of travel destination as about legal trophy import procedure in Traveller’s residence country.
Before Travel takes place Traveller is obliged to inform himself about a.m. regulations and trough Travel contract closing assure that Agent, Travel organiser/ Outfitter, taxidermist, forwarding agent, transport company will during the travel provide their services respecting provisions of a.m. regulations and provide to Traveller all necessary documents ( incl. health certificates and CITES permits) in order to enable legal and ease transport, export of trophies from destination county and its import in Traveller’s residence country.
On Travellers request Agent is obliged to procure information’s about expected trophy quality, trophy quality evaluation system in destination country, export import regulations, possibilities and prices of trophy preparation and possibilities and prices of trophy transport but does not give any guarantee about its realisation unless information have not been stipulated in valid Travel contract.
The Agent may on behalf and for account of Traveller organise procurement of services regarding to trophy preparation ,transport and export & import only within provisions of closed Travel contract or provisions of separate written agreement.
- Hunting related law and rules
Travelers should inform themselves about hunting regulations and rules which will be applied during contracted Travel. Upon Travelers request Agent will provide to the Traveller information in respect to hunting regulations and rules to be applied in destination country during their Travel.
Travellers - hunters are obliged to acknowledge and respect the hunting laws, regulations and rules valid in the destination country and EU. If Traveller-hunter violates these regulations the Travel organiser/ Outfitter or Agent are authorized to interrupt the Travel. In this case Traveller – hunter is obliged to reimburse to the Agent all expenses arisen before, during and after termination of the Travel. Same rule shall be applied if Traveller-hunter shoots on or kills game despite explicit prohibition given to his notice by an Agent, Travel organiser/ Outfitter, PH before or during the Travel.
If Traveller - hunter in destination country shoots on, wounds or kills the game against provisions of hunting regulations/laws he is obliged to reimburse game’s value according to contracted price plus penalty prescribed by the law or usually charged in cases like this.
Traveller - hunter in an individual or group hunting is obliged to respect and obey instructions or orders of the hunting guide personnel particular ones concerning the hunting manner and safety of all participants in the hunt. In case Travelers-hunters during the hunt disobey safety rules, Agent, Travel organiser/ outfitter or PH have right to interrupt their hunting Travel.
In this case Traveller – hunter is obliged to reimburse to the Agent all expenses arisen before, during and after termination of the Travel. Traveller –hunter is fully responsible for any damages caused to person’s animals or objects by ignoring hunting law, regulations, rules and instructions in destination country. All Traveller -hunters must possess valid hunting documents issued in Travellers resident or/ and destination country.
In case Travel destination country authorities allow Traveller - hunters to hunt without hunting documents issued in country of residence then Traveller - hunters must possess international insurance by which they guarantee for all damages which might occur during their hunting travel.
- Weapons and ammunition
Before traveling with hunting weapon and/ or ammunition Travelers are obliged to inform themselves about regulations applicable during their travel with weapon by authorities in Traveller’s residence, transit and
Travel destination countries. Traveller - hunter is obliged to procure and submit all documents required by authorities in charge. The Agent is obliged to provide to the Traveller who travels with weapon and ammunition all necessary information about regulations and procedures which should be respected during this particular travel.
In preparation of the Travel in which Traveller travels with weapon and ammunition Agent may on Traveller’s request , behalf and account carry out by authority allowed formalities.
The Agent will carry out this service with all necessary effort and care but does not guarantee positive outcome of the official procedure.
Inability to travel with its own weapon/ ammunition for the Traveller does not present possibility to cancel or postpone the Travel or claims its price reduction. In case Traveller/ hunter want to hire weapon in destination country he is obliged conclude with the agent special agreement related to this service.
In case Agent did not concluded a.m. contract and traveller made some arrangement on his own agent is not responsible for any consequence Travelers action.
When traveling with weapon/ ammunition Traveller is fully responsible for any law violation or eventual damages caused to persons or objects by incautious or unlawful weapon use or handling during his Travel
The loss and damage of personal things, baggage or weapons during the Travel does not present occasion for any claim toward the Agent including reduction of agreed Travel price or Travel’s cancellation and/ or postponement. In case of the weapon and/or luggage damage or loss the Agent, Travel organizer and/ or Outfitter are obliged to provide necessary assistance to recover Traveller’s stuff and undertake all possible actions to enable client to continue with his Travel despite disadvantage caused by baggage loss
Before this actions take place Agent has to procure Travelers approval to this kind of assistance/ action including his consent to cover its costs.
Only GTC communicated by Agent to Travelers at the moment of Travel contract closing shall be concerned as accountable in legal matters between these two parties.
Traveller and Agency agree to resolve all occurred disputes by agreement applying mutual understanding, high standard of business ethics with intention to minimize damage to other contract party. In case they do not manage to resolve occurred disputes this way dispute shall be resolved through court in charge in country of damaged party.