AGENCY RESPONSIBILITY
Balmar Experiences d.o.o., its owners, directors and employees (“BE”) organize and administer programs (“Trips”) for the trip organizer and their travel companions (“Participant(s)“). All suppliers of services connected with these Trips (“other providers”), are third-party contractors and are solely responsible and liable for providing their respective services.
BE is obliged to provide participants with services of the same content and quality as stated in the reservation (Trip) and is also obliged to protect the participant’s rights and interests, in accordance with the current rules and regulations of the Republic of Croatia and fair business practices in the travel industry. BE is obliged to keep all acquired information about the trip participants private and safe, and shall not disclose his/her address, destinations, travel schedule, his/her payments nor the names of his/her travel companions to third parties, without his/her prior consent or unless required by law.
BE, its subsidiaries and their respective employees are not liable for any negligent or willful act or failure to act of any third party, such as hotels or other lodging facilities, airline, vessel, bus, van or other transportation companies, local ground operators, providers or organizers of optional excursions, food service or entertainment providers etc. Without limitation, BE is not responsible for any injury, loss, or damage to personal property, death, delay or inconvenience in connection with the provision of any goods or services occasioned by or resulting from, but not limited to, acts of God, acts of government, weather, force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities or the threat thereof, of any kind, epidemics or the threat thereof, illness, overbooking or downgrading of accommodations, structural or other defective conditions in hotels or other lodging facilities, mechanical or other failure of airplanes or other means of transportation or for any failure of any transportation mechanism to arrive or depart timely or safely, dangers associated with or bites from animals, pests or insects, marine life or vegetation of any sort, dangers incident to recreational activities such as scuba diving, zip lining, snorkeling, paddle boarding, surfing, swimming, kayaking, sailing, canoeing, rafting, hiking, bicycling, rock climbing, etc., sanitation problems, food poisoning, lack of, access to or quality of medical care, difficulty in evacuation in case of medical or other emergency, negligence of shipboard or other physicians or medical personnel of for any cause beyond our direct control. In addition, the participant and their travel companions release BE from their own negligence and assume all risk thereof. Baggage and personal effects are at all times the sole responsibility of the participants.
RESPONSIBILITIES OF PARTICIPANTS
Participant is responsible for understanding the conditions as described in the Trip Itinerary and selecting a Trip in consultation with BE that is appropriate to his/her interests and abilities. In addition, participant should prepare for the Trip by reading the Trip Itinerary and supplemental Trip information. Participant should also consult his or her physician to determine his or her suitability for the trip and to discuss any over the counter or prescription medicines he or she should consider taking while traveling.
The trip organizer/participant(s) is obliged to provide BE with all data necessary for the realization of the travel program, and to inform the agency about all facts concerning participants’ health condition, his/her habits and such, that might jeopardize the course of the travel (special diet, chronic disease etc).
The participant is also obliged to observe the rules of conduct in private and public objects and to cooperate in good faith with the agency representative and service providers. In case of non-compliance with these obligations, the participant is liable for all damages incurred.
PASSPORTS AND VISAS
International travel requires a passport valid 6 months beyond participant’s intended return travel date. In most cases, participant will also need to have multiple consecutive blank visa pages within their passport (the number varies depending on the destination(s). Many destinations also require that Visas be obtained prior to travel. Please speak with a travel advisor if unsure about the Visa requirements for the travel destination, but participant is solely responsible for complying with passport and visa requirements. Invalid travel documents leading to the cancellation a Trip shall not have any harmful consequences for BE. If travel documents are lost or stolen during travel, the cost of issuing the new ones shall be borne by the participant.
ELIGIBILITY
Anyone under 18 years of age at the time of the Trip departure must be accompanied by a parent or guardian for the entire journey. Minimum age restrictions may exist for some journeys and will be outlined at time of inquiry.
RESERVATION AND BOOKING
The contract is considered binding and the reservation confirmed after the clients’ written confirmation is received for individual tours & transfers or deposit payment is made for multi-day private travel programs.
For each booked Trip, the participant will be issued a Final Program & Confirmation Letter with a description of all the services. For matters not defined in the Final Program & Confirmation Letter, the General Business Terms and Conditions apply.
TRIP CONTENTS
The details of every confirmed trip, information about accommodation and all other services, and also information about the number of participants, are included in the Final Program & Confirmation Letter.
The accommodation offered in the programs is described according to the official categorization of the respective country valid at the moment of the publication of the program. Nourishment, comfort and other services provided by the hotel are supervised by the local tourist boards, and the standards of accommodation and services are different and not comparable. BE does not take responsibility for any verbal or written information obtained from a third party that differs from our description of the services and facilities in the published programs.
ITINERARY CHANGES
The itineraries presented in the Trip are subject to modification and change by BE. BE retains the right to change the day or timing of departure in the event of flight timetable changes or other unexpected circumstances, as well as to change the course of travel in case of a change to the travel conditions (flight timetable changes, security situation in the country, natural disasters and other circumstances which are beyond our control) according to the current international traffic rules and regulations.
BE shall complete all the program obligations as described, except in the event of force majeure. In that case, BE will offer an alternative solution. If that solution is impossible to perform as well, we kindly ask our clients to accept that Balmar Experiences is not obliged to provide the services outside of these conditions of the Trip.
PAYMENTS
To confirm the Trip a 50% deposit is required. Final payment of the balance is due at 30 days prior to departure. For reservations made within 30 days of the Trip commencement date, full payment is required at time of booking.
Deposits and all remaining payments can be made online by major credit card (American Express, MasterCard, Maestro & Visa) or wire payment (bank transfer).
CREDIT CARD PAYMENT INFORMATION
Payments made through credit cards are executed by secured T-Com Pay Way connections. Credit card numbers are not stored on our website and are not accessible to unauthorized persons.
Client can make a payment for online reservation with credit and / or debit cards: MasterCard ®, Maestro ®, Visa ®, American Express ®. Client’s card is charged immediately by Balmar Experiences d.o.o. upon transaction. All credit card payments will be effected in Croatian currency. The amount your credit card account will be charged for is obtained through the conversion of the price in Euro into Croatian kuna according to the current exchange rate of the Croatian National bank. When charging your credit card, the same amount is converted into your local currency according to the exchange rate of credit card associations. As a result of this conversion there is a possibility of a slight difference from the original price stated in your program proposal.
CREDIT CARD PAYMENT SAFETY
HT Pay Way applies state-of-the-art data protection standards – Secure Socket Layer (SSL) protocol with 128-bit encryption and MD5 algorithm. The ISO 8583 protocol ensures that data exchange between the T-Com system and the credit card authorization centers is carried out in a private network, which is protected from the unauthorized access to a double layer of firewalls.
TRAVEL PROTECTION
BE advises participants to purchase: travel cancellation insurance, insurance from the risk of accident and illness while on travel, insurance from the risk of damage and loss of baggage, voluntary health insurance while traveling and staying abroad, and insurance from the expenses for the assistance and return to the place of departure in case of accident or illness. Aforementioned insurances can be purchased directly from an insurer.
Other insurance: BE certifies to have paid the Guarantee Fund Insurance for Package Tours and the Liability Insurance (insurance company: Wiener osiguranje Vienna Insurance Group d.d., Zagreb, Slovenska ulica 24, HR-10000 Zagreb, Tel: 0800 25 80) in accordance with Croatian law. The above insurance applies to Trips when BE is the package tour organizer.
CANCELLATIONS AND REFUNDS
The Participant has the right to cancel a Trip at all times. If the participant cancels the Trip, BE reserves the right to retain the following amounts from the full Trip price:
For “Custom Curated Programs” (Package tours created specifically according to the tour organizer/ participant’s interests and preferences):
Up to 90 days prior to arrival: 20 % of the total service price
89-60 days prior to arrival: 30% of the total service price
59-30 days prior to arrival: 50% of the total service price
29-0 days prior to arrival or a no-show: 100% of the total service price
For private transfer services:
Up to 72 hours prior to the service: 0 % of the total service price
72 to 48 hours prior to the service: 30% of the total service price
48 to 24 hours prior to the service: 50% of the total service price
24 to 0 hours prior to the service or a no-show: 100% of the total service price
For private day trips and custom-designed excursions:
Up to 31 days prior to the service: 10 % of the total excursion price
30 to 22 days prior to the service: 30 % of the total excursion price
21 to 15 days prior to the service: 50 % of the total excursion price
14 to 0 days prior to the service or a no-show: 100 % of the total excursion price
DELAYS & COST INCREASES
BE will not be responsible for providing any reimbursement for delays in the Trip due to bad weather, river levels, road conditions, transportation delays, or government intervention. The rates are based on tariffs, currency values, and third-party charges and are subject to change due to unforeseen circumstances. While BE will do everything possible to maintain the quoted prices, if it is necessary to levy a surcharge, as permitted by law, BE reserves the right to do so, and notification will be given at the time of final invoicing.
MEDICAL & HEALTH
Participants certify that he/she has the physical ability to take the Trip as planned in the final itinerary. Participants further certify that he/she does not have any mental, physical, or other condition or disability that would create a hazard for him/herself or other participants. For Trips that take place at higher elevations (above 5,000 feet), participants certify that he/she does not suffer from a respiratory, cardiac or circulatory disorder. Participants must notify BE of any medical issues well before departure if it will affect the Trip as planned. BE assumes no liability regarding provision of medical care.
MEDICAL AUTHORIZATION & COVERAGE
In the event participant becomes sufficiently incapacitated as to be unable to direct his or her own care, the participant authorizes any medical treatment deemed necessary in the event of any injury or illness while participating on the Trip whether or not administered by medical or non-medical personnel. In addition, the participant certifies that he or she has medical insurance which will cover personal accidents, medical expenses, medical evacuation, air ambulance, loss of effects, repatriation costs and all other expenses which might arise as a result of loss, damage, injury, delay or inconvenience occurring to the participant, or that in the absence of this medical insurance coverage, the participant agrees to pay all costs of rescue and/or medical services as may be incurred on the participant’s behalf.
FILING & RESOLVING COMPLAINTS
The Participant is obliged to report any complaint he/she might have to BE without delay.
If during the course of a Trip, the Participant complains about a default or non-compliance with any of the contracted services, a BE representative is obliged to resolve the complaint in an appropriate manner and as soon as possible, and if possible, considering the content of the complaint. If immediate resolving is not possible, the Participant can file a complaint in writing no later than 8 days after the completion of the Trip.
The Participant files a complaint individually in writing by postal mail, or in BE business office (address: Grljevačka 2a, Podstrana), or by e-mail: office@balmarexperiences.com.
BE shall without delay confirm in writing the receipt of the complaint and respond within 15 days of receiving the complaint.
BE will be resolving only those complaints whose cause could not have been eliminated on the spot. While the procedure of resolving is taking place, the Participant waives the right to have any other person or judicial institution mediate on his/her behalf, as well as to provide any information to the media. The maximum amount of compensation per complaint may reach the amount of the claimed part of services, but it may not include services already used, nor the entire package amount.
BE believes that in case of any possible complaints, the Participant will be satisfied with the solution provided by our agency. Alternatively, UHPA (Association of Croatian Travel Agencies) Arbitration board may be contacted. In an unlikely case of a lawsuit, BE would like to inform you that the law of the Republic of Croatia will be applicable and that the competent court will be the court in Split.
OTHER
By registering for a Trip and making the deposit payment, the participant agrees to the Terms and Conditions of this Agreement.
Participant agrees to the terms of this Agreement on their own behalf and the traveling members of their party. Participant agrees not to initiate a chargeback or refund request that is not authorized by this Agreement.
BALMAR EXPERIENCES Ltd. travel agency
Šime Ljubića 10, 21000 SPLIT
CROATIA
VAT ID: 10798767049
Phone: +385 21 584 693
Mobile: +385 95 899 2351
E-mail: travel@balmarexperiences.com
Web: www.balmarexperiences.com