The subject of this Travel Agreement and the General Conditions and Instructions for Package Arrangements (hereinafter: the Arrangement) is the arrangement of mutual relations between the tour operator - tourist agency SIDEWAYS Ltd. (hereinafter: SIDEWAYS) and the Traveler (hereinafter: Traveler) or the travel contractor in the event that the travel contractor concludes this agreement for the benefit of a third party as a traveler. This Travel Agreement also refers to a published travel program that contains all the necessary travel or arrangement information. The contract is considered binding after it has been signed by an employee of SIDEWAYS (or an employee of any other company authorized to sell the SIDEWAYS arrangement) and the traveler, and after the traveler has paid in full the price of the arrangement or part of the price and undoubtedly secured payment of the remaining amount by the agreed date. If the traveler is unable to personally sign the contract, the contract will only have legal effects when SIDEWAYS receives the entire contractual amount of the arrangement price or, if explicitly agreed, a portion of the contracted price and documentation that indisputably ensures payment of the remainder of the price by the agreed date. The traveler can check in at SIDEWAYS office and other authorized agencies in person, by phone, the Internet, or some other means of remote communication. When concluding a contract, the traveler is obliged to provide personal information and provide in a timely manner all documentation necessary for organizing the trip. The Traveler warrants that he has provided SIDEWAYS with the correct and valid information required for the smooth implementation of the trip and agrees to all legal obligations arising from this agreement and from positive legal regulations.
At check-in, in order to confirm the reservation, 30% of the price of the
arrangement is paid by the traveler (unless otherwise stated in the program or special contract / offer).
The rest up to the full price of the arrangement is paid not later than 21 days before the start of the trip
or documentation is provided for the indisputable payment of the total price of the arrangement. If the traveler
fails to fulfill his / her obligation by 21 days prior to departure, he / she will be considered to have
canceled the reservation without the possibility of refunding the advance payment.
All reservations,
including “on request” bookings (when there is no room for travel arrangements at the time of check-in, but
SIDEWAYS is able to provide extra), a booking fee of HRK 75 (per contract) is charged. In case when less than
21 days are left for the “on request” booking, the relevant part of the price of the arrangement is paid
according to the conditions from Article 8 of this contract.
SIDEWAYS is obliged to process the so-called
"on request" booking request within 2 business days (Saturday is not considered a business day) and to inform
the traveler in writing or verbally. If SIDEWAYS fails to notify the traveler within the stated deadline or is
unable to secure the booking for the requested arrangement, the full amount of the payment will be fully
refunded to the traveler. If the traveler does not accept the requested and confirmed booking by SIDEWAYS,
the payment will not be refunded, including the booking fee.
In order to confirm reservations for the Last
Minute Deals, the traveler is obliged to immediately pay the full amount of the arrangement or to secure the
uncontested payment of the entire amount of the arrangement.
The accommodations and other facilities offered in the SIDEWAYS programs are
described according to the official categorization of the country to which they are traveling at the time the
program is published. We emphasize that the local categorization of accommodation and other establishments
varies significantly from country to country. Accommodation, food, comfort and other services are under the
control of the local / national tourism authorities and the standards of accommodation and services are
different and not comparable. SIDEWAYS assumes no responsibility for any oral or written information that is
inconsistent with the description of the services and facilities in the SIDEWAYS programs valid for the said
trip, which was provided by a SIDEWAYS employee or any third party.
The layout of the rooms or apartments is
determined by the reception desk at the place of residence. Unless the traveler has explicitly contracted the
accommodation unit (room / apartment, etc.) of the special features, he / she will accept any officially
registered room / apartment for rent at the particular facility or destination described in the travel program.
As a rule, accommodation is possible after 4 pm on the day of commencement of the service, and must be left
until 10 am on the day of termination of the service, unless otherwise stated in the travel program. For
individual arrivals by private transportation to the accommodation facilities after 20.00 hours, it is
necessary to inform SIDEWAYS before, and not later than 24 hours before departure, unless such later arrival
is foreseen by the travel program itself.
Arrangement prices are published in the travel program and are valid from the
day of the program announcement. The prices listed in the SIDEWAYS programs are based on special contracts with
partners in the countries of travel and do not have to correspond to the prices published on the spot in the
destination where the traveler is staying. The possible difference in the price of the service cannot be
objected.
The tour operator may provide that the traveler pays for certain services to be used abroad on the
spot in the currency of the country in which he is located. For services paid on the spot by travelers,
the traveler submits a possible complaint directly to the service provider.
SIDEWAYS may, at the latest
21 days before the commencement of the voyage, request an increase in the contracted price if, after the
conclusion of the contract, there has been a change in exchange rates or an increase in the price of the
services constituting the arrangement, in particular an increase in transport costs, including fuel costs or
an increase in fees for certain services (at airports and other airports, etc.), accommodation price
increase etc., and that affect the cost of travel. In this case, the price of the arrangement will increase
reciprocally with the price increase of the calculating elements on the basis of which the price is formed.
The Traveler agrees to accept an increase of the agreed price up to 8%. If there is an increase in the agreed
and published price of more than 8% in the travel program, the traveler has the right to cancel the
arrangement, but he is obliged to inform SIDEWAYS in writing within 2 working days of receiving the
notification. In the event of cancellation of travel, the traveler is not entitled to compensation.
If the traveler fails to provide his / her cancellation to SIDEWAYS in writing and within the specified time
limit, he / she is deemed to have agreed to the change in price and to pay the difference in price within the
set deadline and in accordance with the Travel Agreement. At the request of the traveler, SIDEWAYS is obliged
to provide in writing with appropriate documentation the reason for the price increase.
A traveler applying for the travel must have valid travel documents. The
Traveler is obliged to submit to SIDEWAYS, upon request or until the expiry of the deadline specified in the
Program, all information and documents necessary for the realization of the trip to the countries to which he
or she travels in the appropriate period. If the traveler fails to fulfill these obligations or is denied a
visa application, the traveler shall be deemed to have canceled the trip, in which case the conditions of
cancellation by the traveler referred to in point 8 of this contract shall apply.
The traveler is obliged to
obey all customs, foreign exchange and other regulations. If the traveler cannot continue the journey due to
non-compliance with the regulations, he or she shall bear all expenses and consequences as a result. If the
traveler loses their travel documents or they are stolen during the journey, they are required to provide new
ones at their own expense, with an obligation of SIDEWAYS to him / her in within its means, to obtain them more
easily. The traveler is obliged to ensure that he personally, his documents and luggage meet the conditions
stipulated by visa, border, customs, health and other regulations, abide by the house rules in accommodation
and other facilities and cooperate with the representative of the tour operator and other service providers in
good faith. In the event of non-compliance with these obligations, the traveler is responsible for the damage
done, and SIDEWAYS eliminates any liability for such damage. In this case, the traveler pays the amount of the
damage to the owner (hotel, apartment, etc.) at the reception or at the request of the transport staff.
When signing the contract, a SIDEWAYS employee will familiarize the traveler with the sources of information
about the countries to which the traveler travels. We recommend that each traveler also be personally informed
on the website of the Ministry of Foreign Affairs of the country of which the traveler is a national.
SIDEWAYS may refer the traveler to the source of the information, but in no way assumes responsibility for the
consequences which, if not complied with the regulation, may result for the traveler himself.
Invalid travel
documents, that is, disapproval of a visa that results in the cancellation of travel, are in no way binding on
SIDEWAYS, and the conditions of cancellation of travel under this Agreement apply. SIDEWAYS eliminates any
liability for damage that would result from non-compliance with national regulations or that would result in
invalid or invalid travel documents.
Pursuant to the Tourism Services Act, SIDEWAYS staff are required to offer a
traveler a “travel insurance package” consisting of: voluntary health insurance while staying abroad, accident
insurance, luggage insurance and travel cancellation insurance. By signing the contract, the traveler confirms
that he has been offered a travel insurance package. In the event that the traveler requires the aforementioned
insurances, they can be directly contracted with one of the insurers or with SIDEWAYS, with SIDEWAYS
participating only as an intermediary.
By signing this agreement, travelers are deemed to have been offered
and recommended the insurance referred to in the previous paragraph.
If the traveler anticipates having to cancel the trip due to certain situations,
we recommend paying a cancellation insurance policy. Cancellation insurance can not be paid later but
exclusively and only when checking in for travel.
Cancellation insurance is valid only in the following cases,
with mandatory written proof / confirmation from the competent institutions or doctor: military call, illness,
death in the immediate family. If the traveler does not have a contractual cancellation insurance and must
cancel the trip due to a military invitation, illness or death case in the immediate family, SIDEWAYS reserves
the right to payment under the rules set out in Article 8 of this Agreement. The cancellation fee does not
include the cost of obtaining a visa, even in case the traveler has paid cancellation insurance. By paying
the cancellation policy, the traveler transfers all of his claims to the insurance company whose cancellation
insurance policy he owns, and SIDEWAYS agrees to provide the traveler with all the documentation necessary to
secure the traveler's claims against the insurance company regarding the arrangement. All cancellation
conditions are stated on the insurance policy and we recommend that each traveler read them in person and get
acquainted with them in detail.
If a traveler cancels a paid arrangement, SIDEWAYS will withhold from the total price of the arrangement (unless otherwise stated in the program):
The aforementioned costs also apply to changes in the date of departure or accommodation, as well as any other significant changes. SIDEWAYS charges only the actual cost of replacing the arrangement beneficiary if the traveler cancels the trip and finds another user of the same reservation who satisfies all the conditions for using the arrangement.
If SIDEWAYS significantly changes the program, accommodation or price before
commencing the trip, it shall immediately inform the traveler in writing. The traveler can accept or reject the
modified program within 2 business days of receiving the SIDEWAYS notification. In case of refusal to accept the
modified program within the specified period, SIDEWAYS is obligated to return the paid part of the price to the
traveler within 14 working days. In the event of acceptance, the replacement arrangement offered to her /him by
SIDEWAYS is considered to be a new travel contract, with the traveler waiving all claims against SIDEWAYS from
any legal basis arising from the original contract.If SIDEWAYS did not provide most of the contracted services
after the commencement of the trip, or if it deems that it will not be able to secure the fulfillment of the
majority of the contracted services, SIDEWAYS may, at the traveler’s consent, make changes to the program for
the rest of the journey and, if necessary, indemnify the traveler, price between contracted and actually
provided services. With the written consent of the traveler, SIDEWAYS may replace the non-completed part of the
service with another service, whereby the traveler waives the right to claim from SIDEWAYS for such mutually
agreed upon and modified part of the journey in relation to the originally concluded travel contract.
If
SIDEWAYS has not been able to modify the travel program appropriately or if the traveler does not accept the
changes for justified reasons, SIDEWAYS will at its own expense allow the traveler to return to the departure
point or any other place, if the traveler agrees, and compensate him for any damage that he or she suffered.
Damage is paid in the amount of the price of the unused part of the contracted program, based on the traveler's
complaint. SIDEWAYS shall resolve the complaint in the manner specified in clause 10 of this Agreement.
The maximum amount of damage may be the amount of the arrangement.
SIDEWAYS has the authority to unilaterally
terminate the contract, in whole or in part, without any obligation to compensate the traveler if external
emergency and unforeseeable circumstances occur that could not have been prevented, avoided or remedied, and
which, if would have existed at the time the contract was concluded, would have been a justified reason for
SIDEWAYS not to contract. In this case, the traveler is entitled to a refund of the amount paid in full, or the
difference in price between the contracted and provided services, within 14 days from the date of termination of
the contract.
SIDEWAYS reserves the right to cancel a trip no later than 21 days before the start of the trip
for journeys lasting more than 6 days if the cancellation is due to too few registered travelers. For journeys
of 2 to 6 days, SIDEWAYS can cancel such a trip 7 days before departure, and if the trip lasts 2 days, SIDEWAYS
can cancel it no later than 48 hours before departure. In all the above cases, SIDEWAYS shall refund to the
travelers the payment made up to that date, within the period up to a maximum of 14 working days, if the trip
was canceled by the tour operator for whom SIDEWAYS was the intermediary in the sale of the said arrangement,
or if no minimum number of travelers required to make the arrangements was registered, listed on each individual
travel program or for any other justified reason. SIDEWAYS reserves the right to cancel a trip, change the day
or hour of travel due to a change in flight schedule or due to unforeseen circumstances, the right to change the
direction of travel if the travel conditions change (changed flight schedule, security situation in a particular
country, natural disasters or other situations that SIDEWAYS cannot have effect on), without compensation for
damages, and in accordance with applicable regulations in domestic and international traffic.
If, during the
trip, circumstances prevent the continuation of the trip due to extraordinary circumstances beyond the control
of SIDEWAYS, SIDEWAYS is obliged to provide travelers with a maximum of 3 nights in the appropriate type of
accommodation in accordance with the Travel Contract and with regard to transport act in accordance with EU
legislation that regulate this issue.
SIDEWAYS assumes no responsibility for changes due to unforeseen
circumstances and force majeure during the journey. In that case, it may provide services, given the situation.
SIDEWAYS is not responsible for any errors in the printing of the programs within the brochures / catalogues,
as well as for incorrect data entries by the operator on the SIDEWAYS web pages.
The traveler has the right to complain about the unfulfilled contracted service.
The Traveler is required to file a written complaint with SIDEWAYS within 15 days of the end of the journey.
Complaints filed after the expiry of the 15 day deadline will not be considered. We emphasize that it is the
obligation of the traveler to act in good faith and express his or her will to resolve complaints during the
journey and to send his / her written complaint to the on-site service provider (reception, carrier, caterer or
travel agency at the destination) and request the service provider to confirm in writing that he / she received
the objection and that the cause of the objection could not be remedied on the spot. Each customer complaint
is submitted separately. SIDEWAYS will not consider group objections. SIDEWAYS is obliged to issue a writte
decision on the objection within 15 days of the receipt of the objection in the manner in which the objection
was received (by email, mail or personal delivery to which it will be answered by a letter with a return
receipt to the complainant's home address). SIDEWAYS will only deal with complaints where the traveler
provides proof that he or she has made a written complaint to the on-site service provider and that the cause
could not be remedied on-site. If the fault of SIDEWAYS resulted in the failure to complete the program or part
of the services, the traveler is entitled to reimbursement of the true value of the unused services and may not
cover the services already used or the entire amount of the arrangement. In the case of concluding a contract
for organizing travel as a "last minute" (Last Minute Travel) or a contract whereby the name of the
accommodation facility Traveler only finds out upon arrival at the destination (actions such as: last minute,
"roulette", "fortune", "no name" , etc., which do not disclose in advance the name and location and type of
the object, and which the Traveler accepts for the favorable or reduced prices by signing the Agreement,
the Traveler accepts all risks of such a trip. Those trips consist of uncertain facts that SIDEWAYS can not
have effect on, and the traveler has accepted such a trip for a better price, and therefore the traveler has no
right to object to SIDEWAYS for the reasons stated.
Until SIDEWAYS decides in writing and for the stipulated
time limit on the traveler's complaint, the traveler disclaims any other person’s, judicial institutions or
the provision of information to the media.
In accordance with European Union Regulation, customers can submit online their
objection to online shopping, ie settling a consumer dispute for products and services purchased online.
European Union Regulation no. 524/2013. on online consumer dispute resolution (Online Dispute Resolution platform)
is effective from 1/9/2016. Pursuant to Article 14 (1) of that Regulation, an obligation is laid down for
traders established in the European Union participating in online sales which contracts to provide an electronic
link to the ODS Platform on an easily accessible site on their website.
Electronic link:
A platform for online consumer dispute resolution.
.
The traveler is obliged to inform SIDEWAYS of all facts regarding their health, habits, etc., which could endanger their travel (if for health and other reasons they seek certain types of food, suffer from chronic illness, allergies, etc.). Some programs have specific travel rules that include the compulsory vaccination and procurement of relevant documents. The traveler is obliged to undergo a compulsory vaccination as well as to have certificates and documents about it. We recommend paying your travel or health insurance policy.
Carriage of luggage up to a certain weight, as determined by the carrier, is
free of charge. For air transportation, the excess luggage is paid for by the traveler himself / herself
according to the applicable rules and prices of the carrier. Children under 2 years old are not eligible for
free luggage.
SIDEWAYS assumes no responsibility for lost or damaged luggage. Claims for lost luggage should
be made to the carrier or hotel. For air transport, luggage is the sole responsibility of the airline, on the
basis of air traffic regulations. In the event of loss of luggage, the traveler fills out the form of the
airline that made the transport and hands it to the airline representative, while keeping one copy for himself.
On the basis of the completed form, the airline pays compensation to her / him according to the regulations
valid in domestic and international traveler air traffic. In case of loss of luggage at the hotel, the traveler
makes a request to the hotel where the luggage was lost. We recommend paying your luggage insurance policy.
Pursuant to the Tourism Services Act, SIDEWAYS entered into an insurer agreement with the insurer for the insolvency of the tour operator, for which the travel service is absent, ie to compensate for the cost of returning travelers to the place of departure. In the event of an insured event, the traveler should contact the insurer UNIQA osiguranje dd, Planinska 13 A, Zagreb as soon as possible, tel: 01/6324 200, email: info@uniqa.hr, number of the guarantee insurance policy 45 - 7002702815. This document is valid as a Certificate of the tour operator insolvency insurance.
Pursuant to the Law on the Provision of Tourism Services, SIDEWAYS has concluded a Liability Insurance Agreement with UNIQA osiguranje dd, Planinska 13 A, Zagreb, tel: 01/6324 200, email: info@uniqa.hr., for the damage caused by the failure to fulfill, partial fulfillment or disorderly fulfillment of obligations, on offer 11 - 6001374488. SIDEWAYS staff will familiarize the traveler with the contents of the applicable Liability Insurance Agreement for the damage caused to the traveler by failure to fulfill, partial fulfillment or disorderly fulfillment of obligations regarding the package arrangement. By signing this Travel Agreement and the General Conditions and Instructions for Package Arrangements, the Traveler confirms that he / she is aware of the contents of the stated Liability Insurance Agreement.
The traveler provides personal information voluntarily. Traveler’s personal information is required in the process of contractual arrangements and will be used for further communication solely in the interest of the service contracted by the traveler with the agency. SIDEWAYS undertakes to respect the privacy of its travelers and that the information is carefully kept and accessible only to employees who need it to fulfill the contractual obligations. The exception to the provision of personal information to third parties relates to the contracting of travel insurance policies, that is, if the traveler concludes the insurance policy, then his personal information will be forwarded to the insurance company. The personal data of travelers will be stored in the database, in accordance with the Decision of the Management Board on the method of collecting, processing and storing personal data. The Traveler agrees that his / her personal information may be used for the purpose of realizing the agreed arrangements and marketing actions of SIDEWAYS (sending newsletters, contacts via email, sending catalog items, etc.), but may at any time be excluded from these activities. upon personal request. SIDEWAYS undertakes to keep the personal data of travelers in a database, in accordance with the Personal Data Protection Act or the General Data Protection Regulation (GDPR).
For all arrangements where SIDEWAYS is the main organizer these General Terms and Conditions apply except in the case where SIDEWAYS is the intermediary or not the main organizer of the trip. Such arrangements will be specifically marked and subject to the general conditions of the responsible organizer, and SIDEWAYS is not responsible for the implementation of the tourist arrangements of other organizers. By signing the contract, traveler fully accepts the program and travel conditions.
The notifications received by the traveler at the check-in site do not oblige the organizer to a greater extent than the notices and information provided in the travel program itself.
General terms and conditions for package deals are an integral part of a travel contract that a traveler enters into with SIDEWAYS, or an authorized travel agency where he or she has signed up for a trip organized by SIDEWAYS. The parties undertake to settle possible disputes by mutual agreement. If this is not possible, the court in Zadar has jurisdiction in the event of a dispute, and Croatian law applies. Competent authority under the official supervision of a tourist agency's activity in the provision of services in tourism: State Inspectorate, Tourist Inspectorate, Šubićeva 29, 10000 Zagreb