Article 1: Definitions
The following definitions apply in these terms and conditions:
Travel Organizer: Korcula Experts d.o.o. acting under the name Korcula Experts as being the person who, in the course of his business, offers trips organized in advance to the public or to a group of persons, hereinafter referred to as “Korcula Experts”;
Traveler: the other party of Korcula Experts, the person for whom the trip has been stipulated and who has accepted that stipulation, or the person to whom the legal relationship with Korcula Experts has been transferred in accordance with Article 7: 506 of the Civil Code;
Travel agreement: the agreement whereby Korcula Experts undertakes towards its counterparty to provide a pre-organized trip that it offers that includes an overnight stay or a period of more than 24 hours as well as at least two of the following services:
- another tourist service not related to transport or accommodation which constitutes a significant part of the journey;
Agreement: the agreement between Korcula Experts and the other party regarding agreed work or services, including but not limited to the booking of international flights to Croatia or domestic flights in Croatia.
Working days: the days Monday to Friday, with the exception of legally recognized public holidays;
Calendar days: all days;
Office hours: Monday to Friday from 09:00 to 18:00.
- Article 2 - Applicability
- Article 3 - The agreement
- Article 4 - Obligations of the traveler
- Article 5 - Payment
- article 6 - Changing the travel sum
- article 7 - Travel documents
- article 8 - Changes by the traveler
- article 9 - Passenger substitution
- article 10 - Changes by Korcula Experts
- article 11 - Cancellation by the traveler
- article 12 - Cancellation by Korcula Experts
- article 13 - Liability and force majeure
- article 14 - Exclusion & limitations
- article 15 - Complaints
- These general terms and conditions apply to every offer, quotation and agreement (the realization, the content, the implementation and compliance thereof) between Korcula Experts and the traveler.
- The present terms and conditions also apply to all agreements with Korcula Experts, for the implementation of which third parties must be involved.
- Korcula Experts offers travel and day excursions on its website. All rates are expressed in Euros and are subject to change. The rates are per person and if applicable, based on a room for 2 people, with different conditions applying to different numbers. The rates of our trips are excluding international airline tickets, or stated otherwise.
- The traveler can apply for a trip via the website, email, telephone or after a personal conversation. To make it possible for Korcula Experts to make a quotation, it is necessary that it receives a fully completed quotation form.
- Korcula Experts provides relevant general information about the required travel documents before or at the latest at the conclusion of the agreement insofar as the traveler has the Dutch nationality and health formalities that are necessary for travel and stay. Korcula Experts makes this information available on its website.
- Korcula Experts informs the traveler that the traveler can choose to take out cancellation insurance and/or travel insurance with an insurance agent to be chosen by the traveler.
- After a request for a trip made by the traveler, Korcula Experts provides a quotation for the aforementioned trip. This offer includes the details of the chosen journey, such as the period of stay, the place (s) of stay, the means of transport to be used, tourist services and so on. A quotation is valid for 7 days after the date, unless otherwise agreed in writing.
- The traveler receives a booking form with the quotation.
- The agreement is established by accepting the offer of Korcula Experts including the applicable conditions. If Korcula Experts receives the signed booking form from the traveler, the agreement has been concluded.
- After the agreement has been concluded, the traveler will receive confirmation of this with a copy of what has been agreed upon as well as an invoice for a deposit of 30% of the travel sum.
- In the event of changes to the program before departure, the traveler will receive an amended travel agreement that includes the services that are part of the trip, indicating which services are inclusive or exclusive.
- Although Korcula Experts puts together its travel programs with the utmost care, the order or times in the travel programs may deviate in parts. If this is the case, the description in the program can be considered as the basis of the travel program.
- Additional expenses made by the traveler in hotels or during the trip such as laundry, telephone costs, meals not mentioned in the travel program etc. are always for the account of the traveler.
Obligations of the traveler
- The traveler shall provide Korcula Experts with all information concerning himself and the travelers registered by him at the latest when the agreement is concluded that may be relevant to the conclusion or performance of the agreement.
- The person entering into an agreement on behalf of or for the benefit of another person (the notifier) is jointly and severally liable for all obligations arising from the agreement.
- All traffic (including payment traffic) between the traveler (s) and Korcula Experts is exclusively handled by the applicant.
- The traveler is responsible for the timely collection of information from the competent authorities regarding the required travel documents and health formalities and to check whether the information provided is still current at the time of departure.
- Flight times are subject to changes that are the responsibility of the airline. The traveler is obliged and responsible for informing the exact departure time in good time before the start of the outward and return journey.
- Airlines also impose restrictions on tickets as well as on the amount / weight of luggage, whether or not to compensate for loss of luggage, the imposition of fines and so on. The traveler must inform himself of this.
- The traveler is obliged to comply with all instructions from Korcula Experts to promote the proper execution of the trip and is liable for damage caused by unauthorized behavior, to be assessed according to the standard of a correct traveler.
- A traveler who causes such a nuisance or burden that a good execution of the journey is made to a great extent or can be made more difficult, can be excluded by Korcula Experts from (continuation of) the trip if Korcula Experts cannot reasonably be expected to the agreement is honored. All resulting costs are for the account of the traveler, if and insofar as the consequences of the nuisance or burden can be attributed to him. If and to the extent that the cause of the exclusion cannot be attributed to the traveler, a refund of the travel sum or part thereof will be granted.
- The traveler is obliged to avoid any damage or to limit it as much as possible, in particular by complying with his reporting obligation as referred to in the article “complaints”.
- After the conclusion of the agreement, a deposit of 30% of the total agreed travel sum must be paid. In the case of a group (> 10 travelers), a deposit of 50% of the total agreed travel sum must be paid. The traveler, in the case of a group, the applicant as referred to in Article 4.3, will receive an invoice for this. This invoice must be paid within 7 days after the invoice date by transferring the amount to the account number of Korcula Experts. Upon receipt of this payment, Korcula Experts will first commence preparations for the booked trip and Korcula Experts assumes that the traveler has accepted the travel conditions involved in the trip.
- The remainder of the travel sum must be credited to the bank account of Korcula Experts no later than 30 days before the departure day. The traveler is in default if payment is not made on time. In the event of late payment, the traveler will receive a payment reminder in which the traveler is set a period of fourteen calendar days to still make the payment. If payment is not made, the agreement will be deemed to have been canceled on the day of default. Korcula Experts has the right to charge the cancellation costs due.
- If the agreement is concluded within 30 days before the day of departure, the entire travel sum must be paid immediately upon conclusion of the agreement.
- The traveler who has not fulfilled a financial obligation to Korcula Experts on time will owe the statutory interest on the amount still due. Furthermore, all costs involved in the collection of the amount or amounts owed – both judicial and extrajudicial – will be for the account of the traveler, without prejudice to the other rights to Korcula Experts.
Changing the travel sum
- Korcula Experts has the right to increase the travel sum up to 20 calendar days before the day of departure in connection with changes in transport costs (including fuel costs), taxes and levies due. Korcula Experts will indicate how the increase has been calculated.
- The prices of airline tickets are subject to change until the moment of issue.
- The traveler has the right to reject an increase in the travel sum as referred to in paragraph 1. Under penalty of forfeiture, he must make use of this right within 3 working days of receiving the notification of the increase.
- If the traveler rejects the increase, Korcula Experts has the right to cancel the agreement.
- UAt the latest 10 calendar days before the start of the journey, Korcula Experts provides the traveler with the necessary travel documents regarding the agreed journey, the travel schedule, any vouchers and other relevant information, unless this cannot reasonably be expected of Korcula Experts.
- If the traveler has not received any travel documents 5 working days before departure, he will report this to Korcula Experts immediately.
- In the event that a trip is booked within 10 calendar days before the day of departure, the parties will make further arrangements regarding the provision of the travel documents.
- The traveler is responsible for carrying the required and required documents.
Changes by the traveler
- If the traveler wishes to change the agreement after concluding the agreement, Korcula Experts will check whether these changes are (still) possible. Any costs associated with these changes will be paid immediately by the traveler.
- Changing the departure date or reducing the number of paying travelers is considered a cancellation to which the termination/cancellation article by the traveler applies.
- If during the trip the traveler decides not to make use of program components and/or excursions, meals, accommodation or other services or parts thereof, no claim can be made for a refund (or part(s)) of the travel sum.
- If the traveler wants changes, wants to replace someone else or cancels the trip or parts thereof in whole or in part, any costs incurred by Korcula Experts in this context must incur or are due on the basis of (legal) regulations, are and remain due by the traveler and must be paid by the traveler regardless of what is included in article 11.
- Timely before the start of the trip, the traveler can be replaced by another person who meets all the conditions of the travel agreement. A period of 7 days before the start of the trip is deemed to be timely in any case.
- The substitution takes place through a specific agreement with the other person and written notification thereof by the transferring traveler to Korcula Experts. The transferring traveler and the other are both jointly and severally liable for payment of the travel sum and the costs associated with the transfer.
Changes by Korcula Experts
- Korcula Experts has the right to change the travel agreement on an essential point (s) due to serious circumstances immediately communicated to the traveler. The traveler can reject the change.
- Korcula Experts may change the travel agreement due to serious circumstances immediately communicated to the traveler. These changes concern one or more non-material points. The traveler can only reject the change if it serves him at a disadvantage of more than minor significance.
- Important circumstances are circumstances as referred to in article 12.2.
- If the traveler rejects the change (s), Korcula Experts can cancel the travel agreement. In that case, the traveler is entitled to a refund or remission of the travel sum or, if the trip has already been partly enjoyed, a proportionate part of it.
Termination/cancellation by the traveler
- The traveler can cancel the agreement at any time with immediate effect. The cancellation must be made in writing by means of a registered letter with the signature of the traveler.
- In the event of termination/cancellation, the traveler owes the following cancellation costs to Korcula Experts in addition to any reservation costs due:
a) if canceled no later than 60 calendar days before the day of departure: 10% of the travel sum;
b) for cancellations from the 60th calendar day (inclusive) up to and including the 31st calendar day before the day of departure: 30% of the travel sum;
c) for cancellation from the 30th calendar day (inclusive) up to and including the 16th calendar day before the day of departure: 50% of the travel sum;
d) cancellation from the 15th calendar day (inclusive) up to and including the day of departure: 100% of the travel sum.
- For group travel or during the high season, Dutch Routes may use a different cancellation scheme to be announced to the traveler or the applicant, as referred to in Article 4.2.
- If the traveler does not appear on the day of departure or does not use the trip without cancellation or cancellation, the traveler will still owe the full travel sum.
- In the event of cancellation of international flights and domestic flights booked by the traveler on Korcula Experts, the traveler remains liable for the agreed sum, regardless of the period within which cancellation takes place.
- Cancellation outside office hours is deemed to have been made on the next working day.
Cancellation by Korcula Experts
- Korcula Experts has the right to cancel the agreement due to serious circumstances.
- Weighing circumstances are understood to be circumstances that are of such a nature that no further binding of Korcula Experts to the agreement can reasonably be required.
- A serious travel advice is in any case a negative travel advice issued by a competent authority.
- If the cause of the cancellation can be attributed to the traveler, the resulting damage will be for the account of the traveler.
- If Korcula Experts cancels because of a circumstance that cannot be attributed to the traveler, Korcula Experts offers another trip of equal or better quality. The traveler who does not accept that offer is entitled to a refund of the travel sum or, if the trip has already been partially enjoyed, a proportionate part of it.
- If the cancellation is the result of force majeure, no liability for compensation applies to Korcula Experts. Force majeure is understood to mean abnormal and unforeseeable circumstances that are independent of the will of the person who invokes it and the consequences of which could not be avoided despite all precautions.
Liability and force majeure
- Without prejudice to the provisions of articles 10 and 12, Korcula Experts is obliged to implement the travel agreement in accordance with the expectations that the traveler could reasonably have based on the travel agreement.
- If the trip does not take place in accordance with the expectations referred to in the previous paragraph, the traveler is obliged to immediately notify the parties involved referred to in Article 15 paragraph 1.
- If the trip does not proceed in accordance with the expectations that the traveler could reasonably have on the basis of the travel agreement, Korcula Experts is obliged to compensate the damage, unless the deficiency in compliance cannot be attributed to Korcula Experts nor to the person whose assistance Korcula Experts helped uses the agreement because:
a) the shortcoming in the implementation of the travel agreement is attributable to the traveler;
b) the shortcoming in the implementation of the travel agreement that could not have been foreseen or could be remedied,
c) is attributable to a third party who is not involved in the provision of the services included in the trip; or
the shortcoming in the implementation of the agreement is due to force majeure, as referred to in article 12.6
d) or to an event that Dutch Routes or the person whose assistance Dutch Routes makes extensive use of the travel agreement, could not foresee or remedy, taking into account all possible care.
- Korcula Experts is obliged to provide the traveler with help and assistance, depending on the circumstances, if the journey does not proceed in accordance with the expectations that it could reasonably have under the travel agreement. If the cause of this must be attributed to the traveler, Korcula Experts is only obliged to provide help and assistance insofar as this can reasonably be expected of Korcula Experts. The costs for the help and assistance provided will in that case be borne by the traveler. The costs for the assistance and assistance provided will be borne by Korcula Experts if the failure to comply with Korcula Experts or the person whose assistance Korcula Experts uses in the performance of the agreement can be attributed in accordance with the previous paragraph. If the journey does not proceed in accordance with the expectations that the traveler could reasonably have on the basis of the agreement due to circumstances that cannot be attributed to either the traveler or Korcula Experts, everyone will bear his own damage.
Exclusion and limitations of liability for Korcula Experts
- If a Treaty, Regulation or law applicable to a service included in the trip that grants or permits exclusion or limitation of liability to the service provider, the liability of Korcula Experts is accordingly excluded or limited.
- Korcula Experts is also not liable if and insofar as the traveler has been able to recover his/her damage under an insurance policy, such as for example a travel and / or cancellation insurance policy.
- If Korcula Experts is liable to the traveler for loss of travel enjoyment, the reimbursement will not exceed the travel sum once.
- Without prejudice to the provisions of the preceding paragraphs of this article, the liability of Korcula Experts for damage other than caused by death or injury of the traveler is limited to a maximum of three times the travel sum, unless there is intent or gross negligence on the part of Korcula Experts.
- The exclusions and/or limitations of the liability of Korcula Experts included in this article also apply to employees of Korcula Experts and involved service providers, as well as their staff, unless a Treaty, Regulation or law excludes this.
- A shortcoming in the implementation of the agreement as referred to in article 13 paragraph 2 must be reported on the spot as soon as possible, but no later than within 48 hours after the traveler has established that a solution can be sought. For this, the traveler must report to (in the following order): the service provider involved, the tour management or, if this is not present or accessible, Korcula Experts. If the shortcoming is not remedied and the quality of the trip is affected, this must in any case be reported immediately to Korcula Experts.
- If the complaint is not resolved on site to the satisfaction of the traveler, the traveler must report this in writing to Korcula Experts.
- If the traveler has not complied with the obligation to report on site and (possibly) a written report to Korcula Experts and the service provider or Korcula Experts has not been given the opportunity to remedy the shortcoming, the traveler’s right to compensation may be limited or excluded.
- If a complaint is not satisfactorily resolved, it must be submitted in writing to Korcula Experts within one month after the end of the trip or after the original departure date if the trip has not taken place, whereby a copy of the written report as referred to under 15.2 is submitted. added.
- If the traveler does not submit the complaint in time, it will not be processed by Korcula Experts, unless the traveler cannot be blamed for not submitting it in time. Korcula Experts will confirm the receipt of the complaint and whether or not it will be processed in writing.
- Korcula Experts will give a substantive response in writing within one month of receiving the complaint.