VALAMAR RIVIERA d.d./ IMPERIAL RIVIERA d.d.
GENERAL TERMS AND CONDITIONS OF THE ORGANISER AND VENDOR OF PACKAGE HOLIDAY DEALS / PRE-CONTRACTUAL OBLIGATIONS / CONTRACT
Valamar Riviera d.d. of Poreč, Stancija Kaligari 1, entered in the court register of the Commercial Court in Pazin under the subject registration number MBS: 040020883, OIB (tax ID): 36201212847 (hereinafter: Valamar), as a company engaged in tourism, among other things, as part of its own travel agency called ‘Valamar Experience Concierge’, provides package holiday organisation and sales services to customers or travellers (hereinafter: Travellers), where, depending on the type of journey, it acts as either organiser or vendor of package holiday deals.
Imperial Riviera d.d. of Rab, Jurja Barakovića 2, entered in the court register of the Commercial Court in Rijeka under the subject registration number MBS: 040000124, OIB (tax ID): 90896496260 (hereinafter: Imperial) as a company engaged in tourism, also within its own travel agency called ‘Imperial Tours’, provides package holiday organisation and sales services to Travellers, which are sold exclusively through Valamar’s call centre and Valamar’s sales platform – the website www.valamar.com (hereinafter: Platform).
Valamar manages the tourism part of Imperial’s business on the basis of an entrepreneurial agreement on the management of hotel and tourist properties and facilities, and among other things manages the sale of Imperial’s tourist properties. For this purpose, it will – on the basis of its management authority – also sell package holiday services organised by Imperial on its Platform and through its call centre.
Based on the relationship described above, these General Terms and Conditions represent the General Terms and Conditions of both the organiser and vendor of package holiday deals, which apply to and are binding for both Valamar and Imperial.
These General Terms and Conditions (hereinafter: General Terms and Conditions) are an integral part of the package holiday programme and the package holiday travel contract (hereinafter: the Contract). These General Terms and Conditions and all terms used in them have the meaning determined by the Act on the Provision of Tourism Services (hereinafter: the Act). These General Terms and Conditions contain all pre-contractual obligations and standard information that must be provided to the Traveller, and together with the offer to be sent to the Traveller in each case, constitute a Package Holiday Contract with all parts provided by the Act. In each individual case, in the offer that is an integral part of the Contract, it will be indicated to the Traveller who is the Organiser and who is the Vendor of the package holiday.
In accordance with the relevant law and the Consumer Protection Act, Valamar and Imperial allow each Traveller to submit a written complaint in the business premises, by mail, or by email, and will confirm receipt in writing and keep records in accordance with the law, and undertake to respond to any complaint within 15 days of the day of receipt of the complaint, as well as to keep records of complaints for at least one year after receipt.
Valamar and Imperial addresses for sending complaints:
Valamar - Sektor kvalitete, Stancija Kaligari 1, 52440 Poreč
As part of its package holiday business, Valamar will organise and sell its own package holiday deals and package holiday deals of Imperial, which consist of accommodation services, air transport and tourist transfer of travellers.
Valamar will enable travellers to purchase and contract package holiday services on the Platform www.valamar.com and by calling its reservation centre on the phone number 00385 52 465000.
Travel agencies information:
Valamar –Valamar Experience Concierge Tourist Agency, Valamar Riviera d.d.,
Stancija Kaligari 1, Poreč
Business Manager: Vesna Otočan
Contact address: Stancija Kaligari 1, Poreč
Contact telephone number: +385 52 408 102
Contact email: email@example.com
Imperial – Imperial Tours Tourist Agency, Imperial Riviera d.d.
Jurja Barakovića 2, Rab
Business Manager: Iva Staničić Godinić
Contact address: Jurja Barakovića 2, 51280 Rab
Contact telephone number: +385 52 408 102
Contact email: firstname.lastname@example.org
Working hours in which service users can make direct contact with the employees of the Vendor and the Organiser of the package holiday and arrange a package holiday are:
Summer working hours from 30 May to 1 September
- Monday – Sunday from 08:00 to 20:00
Winter working hours from 1 September to 30 May
- Monday – Saturday from 09:00 to 19:00
- Sunday from 10:00 to 17:00
The business operations of travel agencies are supervised by the Ministry of Tourism.
The implementation of the Act on the Provision of Tourism Services, conditions and mode of operation of tourist agencies is supervised by the State Inspectorate through tourist inspectors.
These General Terms and Conditions are available in Croatian, English, French and German.
2. PRE-CONTRACTING INFORMATION
In its capacity as Organiser or Vendor of the package holiday, Valamar will provide the Traveller with standard information relevant to the package holiday before the conclusion of the travel contract:
- Main features of travel services:
- destination, itinerary, period of stay, number of nights included
- means, characteristics and categories of transport, place, date and time of departure and return
- location, main characteristics, type and category of accommodation
- meals plan
- visits, excursions or other services included in the package holiday
- indication of the languages used in the accommodation property
- whether the journey is suitable for persons with reduced mobility and, at the request of the Traveller, precise information on the suitability of the journey taking into account the needs of the Traveller; the Traveller can make these requests (e.g. request for a specially adapted room) by calling the reservation centre. If transport in a vehicle with a ramp suitable for a person in a wheelchair is required, there may be additional costs that are not included in the package price
- Company and address of the Organiser, telephone number, email address of the Organiser
- Total price of the package holiday including taxes, fees and other charges or an indication of the type of additional costs, if these cannot be calculated
- Methods of payment, amount of the advance, schedule of payment of the balance, or financial guarantees to be paid or provided by the Traveller
- General information related to passports and visas, as well as the duration of the period for which a visa should be obtained and health-related information regarding the country of destination by referral to the valid websites of the competent institutions or additional information on request
- Information that the Traveller may terminate the contract at any time before the start of the package holiday by paying an appropriate termination fee or standard termination fee required by the Organiser
- Information on optional or compulsory insurance to cover the costs of termination of the contract by the Traveller or the cost of assistance, including repatriation, in case of accident, illness or death
Pre-contractual information from these General Terms and Conditions is considered an integral part of the contract and will be specified in the special offer for the Traveller, before the conclusion of the contract.
STANDARD INFORMATION FOR EACH TRAVELLER BEFORE THE CONCLUSION OF A PACKAGE HOLIDAY CONTRACT
A) STANDARD INFORMATION IN EACH OFFER:
In addition to pre-contractual information, the offer sent to the Traveller will include the following standard information:
- The offered combination of travel services is a package holiday in the sense of the Act on the Provision of Tourism Services.
- The Traveller therefore has all the rights arising from the provisions of the Act on the Provision of Tourism Services relating to package holiday deals. The travel agency (Valamar Experience Concierge or Imperial Tours) is fully responsible for the proper implementation of the package holiday as a whole.
- The travel agency (Valamar Experience Concierge or Imperial Tours) has/have the legally prescribed assured guarantee secured the statutory guarantee of the reimbursement of the Traveller’s payments and ensuring the repatriation of the Traveller in the event of it becoming insolvent.
- All other information in accordance with the Act can be found in the Valamar/Imperial General Terms and Conditions at the link https://www.valamar.com/en/terms-conditions
B) OTHER STANDARD INFORMATION
The most important rights in accordance with the Act on Provision of Tourism Services:
Travellers will receive all relevant information about the package holiday before concluding the package holiday travel contract.
There is always at least one dealer who is responsible for the proper implementation of all travel services covered by the contract. In the event that the Organiser of the package holiday is Valamar, Valamar is responsible for the proper implementation of all travel services to the guest, and when the Organiser is Imperial, then Imperial is responsible for the guest, which does not diminish the secondary responsibility of other dealers involved in the package holiday (airlines, persons performing tourist transfers, etc.)
Valamar and Imperial emergency telephone numbers:
- Common numbers: reservation centre during its opening hours: 00385 52 465000.
- For Imperial: reception number of the booked accommodation property indicated in the offer
- For Valamar: reception number of the booked accommodation property indicated in the offer
Prior to the start of the package holiday, the Traveller may transfer the package holiday travel contract to a person who meets all the conditions applicable to the contract if (s)he has informed the Organiser about that via a durable medium and within a reasonable time before the start of the package holiday. Notice sent to the Organiser or the Vendor no later than ten days before the start of the package is considered notice within a reasonable time. The transferor and the recipient of the package holiday travel contract are jointly and severally liable for the payment of the price and any additional fees, charges or other costs arising from the transfer of the contract. In case of such a transfer, the Traveller (transferor or recipient) is obliged to pay the Organiser a fee in the amount of EUR 50.00 in kuna equivalent according to the middle exchange rate of the Croatian National Bank, until 31 December 2022. This covers the fee to the airline and the administrative costs of transferring the contract incurred by the Organiser. As of 1 January 2023, payments shall be made in EUR.
The price of the package holiday is fixed and cannot be changed.
Travellers 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 holiday other than the price are significantly altered. If, before the start of the package holiday, the trader responsible for the package holiday cancels the package holiday, travellers are entitled to a refund and, if necessary, compensation.
Travellers may terminate the contract without paying any fee for terminating the contract before the start of the package holiday in case of extraordinary circumstances, for example if there are serious security problems at the destination that could affect the package holiday.
Travellers may terminate the contract at any time before the start of the package holiday. If they terminate the contract up to 14 days before the start of the package holiday, the Organiser shall refund 70% of the total amount paid. If the Traveller cancels the contract at a later point in time, (s)he will pay the full amount of the package holiday.
The Traveller has the right to terminate the package holiday contract before the start of the package holiday without paying any fee for termination of the contract in case of unavoidable extraordinary circumstances that have occurred at the destination or in its immediate vicinity and which significantly affect fulfilment of the package holiday or which significantly affect the transport of the Traveller to the destination. In the event of such termination, the Traveller is entitled to a full refund of all payments made for the package holiday but is not entitled to additional compensation.
The Organiser is obliged to reimburse to the Traveller all payments made, excepting the appropriate fee for termination of the contract, without undue delay, and no later than 14 days after the termination of the package holiday contract.
If, after the start of the package holiday, significant elements of the package holiday cannot be provided as agreed, alternative arrangements will have to be offered at no additional cost. If the services are not provided in accordance with the contract and this significantly affects the delivery of the package holiday, and the Organiser does not compensate for the non-compliance, the Traveller may terminate the package holiday contract without paying a termination fee.
Travellers are entitled to a reduction in price and/or compensation for damages if travel services are not fulfilled or if they are performed incorrectly.
If the Traveller gets into difficulty, the Organiser must provide assistance.
If the Organiser, or in some member states the Vendor, becomes insolvent, a refund is guaranteed. If the Organiser or, where applicable, the Vendor becomes insolvent after the start of the package holiday and if transport is included in the package holiday, the repatriation of the Traveller is guaranteed.
On the basis of the concluded package holiday contract or confirmation, the Traveller has the option of directly exercising the right to compensation and refund of compensation from the insurance company in accordance with the Act.
Insolvency insurance and liability insurance for damage to the Traveller due to non-fulfilment, partial fulfilment or improper fulfilment of obligations related to the package holiday:
The Organiser/Vendor Valamar Riviera d.d. has contracted all statutory insurance with the insurer UNIQA osiguranje d.d. by means of the insurance policies: P 11 7002843448 (professional liability) and P 45 7002843446 (insolvency guarantee insurance).
Travellers can contact this company or, as appropriate, the competent authority if the services are denied due to the insolvency of the Organiser/Vendor Valamar Riviera d.d. Contact details of the insurer: UNIQA osiguranje d.d., Zagreb, Planinska 13 A, Croatia, customer service phone number: 00 385 1 6324 200, email: email@example.com
The Organiser Imperial Riviera d.d. has contracted all statutory insurance with the insurer Allianz Hrvatska d.d. by the means of the policy number 1500-175399227.
Travellers may contact this company or, as appropriate, the competent authority if services are denied due to the insolvency of the Organiser Imperial Riviera d.d. Contact details of the insurer: Allianz Hrvatska d.d., Heinzelova 70, Zagreb, Croatia, phone: 00 385 72 100 001, email; firstname.lastname@example.org
If necessary, the Traveller can, in any case, contact the competent authority, which is the Ministry of Tourism and Sports, Prisavlje 14, 10 000 Zagreb, e-mail: email@example.com, tel. +385 1 6169 243, +385 1 6169 111 if the services are denied due to the insolvency of the Organiser/Vendor of the package holiday.
For more information on traveller rights, click on the following links:
1. Directive (EU) 2015/2302: https://eur-lex.europa.eu/legal-content/HR/TXT/?uri=CELEX%3A32015L2302
2. Act on the Provision of Tourism Services: https://www.zakon.hr/z/343/Zakon-o-pru%C5%BEanju-usluga-u-turizmu
3. CONCLUSION OF THE TRAVEL CONTRACT
The package holiday contract must be drawn up in Croatian and may be in other languages understandable to the Traveller. When concluding the contract, Valamar, as the Vendor, is obliged to provide the Traveller with a copy of the contract or a confirmation of the contract on a durable medium.
Valamar will conclude contracts as follows:
1. Concluding the contract via the Platform:
The Traveller will choose the desired package holiday as follows:
2. Concluding a contract through the reservation centre:
By calling the reservation centre or contacting it by e-mail, the Traveller will request a specific package holiday service and provide all the necessary information to make a package holiday offer. The package holiday offer will be submitted together with a link to these General Terms and Conditions, and together they will represent a set of all necessary pre-contractual information, standard information and mandatory content of the package holiday contract. If the Traveller wants to accept the offer, (s)he will accept the General Terms and Conditions at the given link and only after that will (s)he be able to make the payment by entering the relevant credit card information, also at the appropriate link (s)he will receive. The contract shall be considered as concluded after the package holiday has been paid for. After payment, the Traveller will receive the Offer and General Terms and Conditions in pdf format.
All credit card payments will be made in Croatian kuna, until 31 December 2022. The amount for which the credit card will be charged shall be obtained through the conversion of the price from euros into Croatian kuna according to the valid middle exchange rate of the Croatian National Bank. When payment is made with the Traveller’s credit card, the amount is converted into his or her national currency according to the valid exchange rate of the Card Association. As a result of the price conversion, there is the possibility of a small difference in the amount compared to the original quoted price. As of 1 January 2023, payments shall be made in EUR.
4. OTHER COMPONENTS OF THE CONTRACT
All provisions of these General Terms and Conditions, in particular the provisions contained in the pre-contractual information and standard information, together with the offer submitted to the Traveller, constitute the travel contract.
The offer submitted to the Traveller will also include all special requests accepted by the Organiser at the suggestion of the Traveller.
The Traveller is obliged without delay and taking into account the circumstances, to report to the Organiser any non-compliance found during the delivery of the service.
If any of the travel services are not performed in accordance with the package travel contract, the Organiser is obliged to correct the non-compliance at the Traveller’s request, unless this is not possible or if correcting the non-compliance would cause disproportionate costs taking into account the extent of the non-compliance and the value of the travel services affected by the non-compliance.
If the Organiser does not correct the non-compliance for the reasons detailed in the previous paragraph, the Traveller is entitled to a price reduction and compensation in accordance with the Act.
If the Organiser does not correct the non-compliance that it is obliged to correct within a reasonable time specified by the Traveller, the Traveller can do it him/herself and demand reimbursement of the necessary costs incurred. The Traveller is not obliged to set a reasonable deadline for the Organiser to correct the non-compliance if the Organiser has refused to correct the non-compliance or if the non-compliance needs to be corrected immediately.
5. RIGHT OF THE ORGANISER TO TERMINATE THE CONTRACT
The Organiser may terminate the package travel contract before the start of the package holiday and return to the Traveller all payments received for the package holiday in full, without obligation to compensate the Traveller, if the Organiser is prevented from fulfilling the contract by unavoidable extraordinary circumstances and if the Organiser notifies the Traveller about the termination of the contract without undue delay before the start of the package holiday.
In case of termination of the contract, the Organiser loses the right to the agreed price of the package holiday and is obliged to reimburse to the Traveller all payments made, without undue delay, and no later than 14 days after termination of the package holiday contract.
6. LIMITATION OF LIABILITY
With these General Terms and Conditions, which are a part of the package holiday contract, Valamar and Imperial limit in advance the amount of compensation for damages that are not the result of bodily injury or for damages that the Organiser did not cause intentionally or negligently to the amount of three times the total price of the package holiday.
If international conventions binding on the European Union or legislation based on them limit the scope of compensation (included in the package holiday) that is to be paid by the travel service provider or limit the conditions under which the travel service provider is obliged to compensate the damage, then the same assumptions, limitations and exclusions apply accordingly to Valamar and Imperial who can refer to this in relation to the Traveller.
7. OFFERING INSURANCE TO TRAVELLERS
Together with the offer that is an integral part of the contract, the Organiser shall offer the Traveller insurance against accidents and illness during travel, damage to and loss of luggage, voluntary health insurance during travel and stay abroad, travel cancellation insurance, and insurance to cover the costs of assistance and return of the Traveller to the place of departure in case of accident or illness, and will make available information on the content of these insurance policies and the general conditions of the insurance contract.
The Traveller has the right to free transport of up to 23 kg of luggage on charter flights and up to 8 kg of hand/personal luggage that can be brought onto the plane. For each kg exceeded, the Traveller pays a fee determined by the airline. Children up to 2 years old are not entitled to free luggage transport. Luggage is transported at the Traveller’s risk, so we recommend travellers insure their luggage. The Organiser is not responsible for destroyed or lost luggage or for theft of luggage or valuables in the accommodation property. We recommend renting a safe in the accommodation property.
9. OBLIGATIONS OF THE TRAVELLER
The Traveller is obliged to make sure that (s)he personally and his/her documents and belongings meet the conditions stipulated by the border, customs, health and other regulations of his/her own country and the country to which (s)he travels. The Traveller is obliged to adhere to the house rules in catering and hotel facilities and to cooperate with the representative of the Organiser and other service providers in good faith. In case of non-compliance with these obligations, the Traveller is liable for any damage.
The Traveller is liable for any damage caused by his/her fault, intentionally or unintentionally, to the Organiser, service providers and third parties.
10. PROTECTION OF PERSONAL DATA
Valamar and Imperial are the data controllers in the processing of the Traveller’s personal data, which they must collect in order to provide the services in the package holiday (transport, accommodation and tourist transfer services, etc.).
In order to fulfil obligations under the package holiday contract, data controllers may forward personal data to other service providers such as airlines, transport companies that perform tourist transfers, and other service providers as needed.
All details of the processing of personal data can be found in the privacy policies at the following links:
11. LAW AND DISPUTE RESOLUTION
The contractual relationship shall be governed by Croatian law.
Valamar and Imperial will try to resolve all disputes with the Traveller in an amicable manner.
Disputes within the European Union related to online shopping can be resolved through the ORS platform, which can be accessed at the following link:
In case of failure to reach an agreement, all disputes shall be resolved before the competent court according to the location of the registered office of the Organiser (Valamar or Imperial) with the application of Croatian law.
These General Terms and Conditions shall enter into force on 2022.
Valamar reserves the right to change these General Terms and Conditions at any time without prior notice.
All changes to these General Terms and Conditions will be published on this website with the date of their entry into force.
Any changes to these General Terms and Conditions will be effective for new orders registered only after these changes have been posted on this website.