Terms of the Contract on Travel Organization and Mediation

Organizer / Intermediary:
Blue Lagoon Trogir in the name of Fulmar d.o.o. – Travel and Trade Company, Obala Dr. Nikole Lozovine 12, 21218 Seget Donji, Croatia, ID: HR-AB-21-060326472 (hereinafter: Agency)

These terms regulate the mutual rights and obligations between the Agency (as travel organizer or as intermediary) and the Traveler (or the person who books on behalf of the Traveler).

1. General Provisions

This contract applies when:

• the Agency organizes a trip (is the organizer), or

• the Agency sells a trip/service of another organizer (is the intermediary), or

• the booking is made for a third person (the traveler).

If the booking is made for a third person, the person who made the booking guarantees that the traveler has been informed and accepts these terms.

2. Formation of the Contract

The travel contract is considered concluded when the Traveler / Travel Contractor:

1. accepts the offer (in person, by email, fax, online, card, or bank payment), and

2. the Agency receives the full amount or the agreed deposit and documentation for payment of the rest by the agreed date.

3. Obligations of the Agency

The Agency undertakes to:

• provide the services as described in the program / offer / voucher,

• act in accordance with good tourism practice,

• be liable for damage caused by non-performance or partial performance up to the amount of the arrangement price.

If the Agency is only an intermediary, responsibility for the actual service lies with the real service provider / other organizer.

4. Obligations of the Organizer / Service Provider

The organizer or service provider must deliver the services in accordance with the published program and category, except when the program clearly states that changes are possible (for example, due to weather, sea conditions, or minimum number of passengers).

5. Prices and Price Changes

The price of the trip is stated in the program.

The organizer may increase the price no later than 20 days before departure if:

• there is a change in the exchange rate,

• transport costs increase (including fuel),

• airport/port or official fees increase.

The increase is made in the same percentage as the change in the cost.

If the increase is more than 10%, the Traveler may terminate the contract and receive a refund of the amount paid so far, without the right to compensation of additional costs (visa, insurance, vaccinations, personal reservations).

6. Non-Payment / Termination by the Agency

If the Agency does not receive:

• the price,

• part of the price, or

• the documents needed to secure payment
  within the agreed deadline, it may unilaterally terminate the contract.

In that case, it is considered as if the Traveler canceled the trip, and the applicable cancellation fees apply.

7. Cancellation by the Organizer

The organizer / intermediary may cancel the trip in whole or in part if:

• the minimum number of passengers for the program was not reached, or

• extraordinary and unavoidable circumstances occur (war, unrest, strike, epidemics, bad weather, traffic interruptions) that could not be foreseen, avoided, or removed.

In that case, the Traveler is entitled to a refund of the paid amount, but not to compensation of personal costs (visas, insurance, vaccinations, personal arrangements).

8. Change of Contract / Replacement Trip

Instead of cancelling, the organizer may offer:

• a changed program, or

• another (replacement) trip.

The Traveler must, within 2 working days, inform the Agency whether they accept or refuse the change.

• If they accept – the new contract applies.

• If they refuse – the contract is terminated and the paid amount is refunded.

If the replacement trip is cheaper, the difference is refunded. If it is more expensive, the Traveler pays the difference.

9. Extraordinary Circumstances During the Trip

If, after the start of the trip, circumstances arise that the organizer could not foresee or influence (stormy sea, heavy rain, traffic delays, strikes, timetable changes), the organizer may:

• change the order of the program,

• shorten or replace certain services,

• or, after the trip, refund the difference between the services paid and the services actually provided (if there is a difference in favor of the Traveler).

10. Traveler’s Cancellation

The Traveler may cancel the trip at any time by submitting a written cancellation.

In that case, the Agency applies the published cancellation policy from the program / general terms, and the Traveler undertakes to pay the calculated fee, regardless of how much had been paid up to that moment.

If only a mediated individual service (ferry, transfer, ticket) is cancelled, the Traveler must pay:

• the Agency’s mediation fee, and

• the fee charged by the actual service provider.

11. Passenger Replacement

If the Traveler cannot start the trip, they may name a substitute passenger, but must inform the Agency in writing.

The Agency will accept the replacement if:

• the person meets all travel conditions,

• there are no legal / border obstacles,

• the reservation can be changed.

All additional costs of the replacement are borne by the Traveler or the replacement passenger.

12. Traveler’s Duties

The Traveler must:

• have valid travel and personal documents,

• comply with border, customs, health, and currency regulations,

• follow the program and instructions of the guide / skipper / representative,

• behave so as not to endanger the trip or other passengers.

The Agency is not responsible if officials deny the Traveler entry/exit, or if the Traveler loses documents during the trip. All such costs are borne by the Traveler.

The Traveler must before booking notify the Agency of important facts (chronic illness, special diet, reduced mobility, pregnancy, etc.).

13. Travel Documentation

The Traveler must collect their travel documents (voucher, time and place of departure, contact, etc.) no later than 8 days before departure, or request that they be sent by email.
Damage caused by non-collection of documents is borne by the Traveler.

At boarding, the Traveler must show the voucher / proof of payment if the organizer requests it.

14. Last-Minute / “No Name” Bookings

If the booking is made as last minute, fortuna, joker, roulette, or no name, the Traveler accepts all risks of such an offer (different location, different boat, different bay within the same area, change of schedule).
For such products, the Traveler cannot submit a complaint based on expectations.

15. Complaints

If a service was not provided or was provided incorrectly, the Traveler must immediately:

1. inform the guide / skipper / service provider on the spot, and

2. request a written confirmation that the issue could not be solved.

After returning, the Traveler may submit a written complaint within the deadline from the general terms.

The Organizer may reject:

• group complaints,

• late complaints,

• complaints where the Traveler did not cooperate on the spot to solve the issue.

The Organizer will respond within the deadline stated in the general terms / program.

16. Court Jurisdiction

For all disputes, the competent court at the seat of the Agency (Trogir / Split, Croatia) has jurisdiction.
Croatian law applies.

17. Minors

If the Traveler is a minor, the person booking confirms that the other parent is informed and agrees with the trip.

18. Personal Data

By concluding the contract, the Traveler voluntarily provides their personal data to the Agency and allows it to be processed and forwarded to service providers in Croatia and abroad only for the purpose of executing the trip and for later communication.
The Agency keeps personal data in accordance with its internal rules and applicable Croatian/EU regulations.

19. Insurance

The Traveler has been offered:

• trip cancellation insurance,

• health and accident insurance abroad,

• luggage insurance,

• assistance and repatriation insurance.

If the Traveler does not contract such insurance, they bear the risk themselves.

20. In Case of Insolvency or Bankruptcy of the Agency

In accordance with the Act on Provision of Tourism Services of the Republic of Croatia, if the Agency becomes insolvent or bankrupt and is unable to provide the arranged trip:

1. Travelers already on the trip are ensured return to the place of departure;

2. Travelers who paid but have not yet travelled are entitled to a refund of the paid amount.

Information on the insurer / guarantee / policy is available at the Agency’s office and on the Agency’s website.