The subject of the contract
The subject of the contract is the regulation of mutual relations of the travel organizer – DRIVE 2 RIDE, TRAVEL AGENCY (hereinafter DRIVE 2 RIDE) and the TRAVELER, or the travel contractor, in case when the travel contractor makes this contract for another person as a traveler (hereinafter TRAVELER).
This travel contract contains General conditions and instructions for tourist arrangements, that is it refers to the travel itinerary which contains all necessary information. The contract is considered binding after it was signed by an agency employee (an DRIVE 2 RIDE agency employee, or any other agency authorized for selling DRIVE 2 RIDE’s arrangements) and the TRAVELER, after the TRAVELER had paid the price of the tourist arrangement fully or partly. If the traveler is not able to sign the contract by themselves, the contract becomes legally valid when DRIVE 2 RIDE receives the agreed amount of the arrangement price, or if it was specifically stated in the contract, a part of the arrangement price. The traveler can apply for a travel in all DRIVE 2 RIDE offices and other authorized agencies by telephone, internet or another way of remote communication. When concluding the contract, the traveler has to provide personal information and deliver on time all documentation necessary for organizing the travel. The TRAVELER guarantees that they provided DRIVE 2 RIDE with correct and valid information necessary for an unhindered travel, and accepts all legal obligations which arise from this contract and positive legal regulations.
Reservations and payments
During the application, to confirm the reservation the traveler pays 30% of the arrangement price (if the organizer does not stipulate differently). The rest of the price of the arrangement is paid 29 days before the travel at the latest. For reserving a travel with low-cost flight companies, the traveler pays 50%.
For individual reservations, as well as for all reservations on request, the arrangement price is charged in accordance to the stipulations form article 9. of this contract.
DRIVE 2 RIDE is obligated to process a reservation requested in this manner, and notify the traveler on the process either in writing or verbally. If DRIVE 2 RIDE is not able to ensure a reservation for a requested arrangement the paid expenses of the reservation will be refunded in full to the traveler. If the traveler does not accept the requested reservation, confirmed by DRIVE 2 RIDE, the reservation expenses are not refunded. In case the traveler accepts the arrangement, the expenses of the reservation are included into the price of the arrangement.
Travel prices are published in the itinerary and are valid since the date of publishing of the itinerary. The prices listed in DRIVE 2 RIDE’s itineraries are based on contracts with our partners and do not have to match the prices published on site in the destination where the traveler is staying, and any possible price difference cannot be the subject of a complaint.
The travel organizer can predict that the traveler would pay for certain services which they would use abroad on site in the currency of the country they are located in. For services paid on site, a possible complaint is submitted directly to the service provider. DRIVE 2 RIDE can, 20 days before the travel at the latest, demand an increase of the contracted price, if the currency exchange rate was changed after the signing of the contract, or if there was a change in the carrier or hotel fees, only in written form. The traveler is obligated to accept an increase of the contracted price of up to 10%. If the contracted price increases for more than 10%, the traveler has the right to cancel the arrangement, of which they have to notify DRIVE 2 RIDE within 2 days from receiving the notification. In case of canceling the arrangement the traveler does not have the right to a refund. If the traveler does not deliver their cancellation to DRIVE 2 RIDE in writing and within the above deadline, it is considered they agree with the price change.
Categorization and services description
Offered hotels, suites or other facilities in DRIVE 2 RIDE’s itineraries are described according to the official categorization of the country in question, at the moment of the itinerary’s publishing. We would like to state that the local categorization in certain countries differs significantly. Accommodation, food, comfort and other services are under supervision of local and state tourist boards, and standards of accommodations and services are different and cannot be compared. DRIVE 2 RIDE does not take responsibility for any verbal or written information which is not in accordance with the description of services and facilities in DRIVE 2 RIDE’s itineraries valid for the travel in question, and which was given either by DRIVE 2 RIDE’s employees or a third party.
The accommodation is arranged by the reception in the location of stay. If the traveler did not specifically arrange a room/suite with special qualities, they will accept any officially registered room/suite for stay in an individual facility or destination described in the itinerary. The accommodation is not available before 16 PM on the day the service commences, and it has to be vacated until 10 AM on the day the service ends, unless the itinerary states otherwise. For later arrivals into accommodation facilities (after 18:00 PM), it is necessary to notify DRIVE 2 RIDE of the fact, at least one day before the travel starts (if such a late arrival is not foreseen with the itinerary).
Travel documents, compliance with regulations
The traveler who applies for a travel abroad has to have valid travel identifications. The traveler has to deliver to DRIVE 2 RIDE all necessary information and documents when applying, to acquire a visa for the destination country. DRIVE 2 RIDE does not guarantee the receiving of a visa. If the traveler does not fulfill the prescribed conditions, it will be considered that they have given up on the travel.
The traveler has to adhere to customs and foreign currency regulations. In case that the traveler, because of a failure to adhere to regulations, cannot continue the travel, they bear all expenses and consequences arising from this. If the traveler loses their travel documents, or they are stolen during the travel, he has to make new ones, at his own expense. The traveler has to take care that they themselves, their documents and luggage fulfill the conditions made by visa, border, customs, health and other regulations of the Republic of Croatia, as well as the destination country, to adhere to the house rules in accommodation and hotel facilities, and cooperate with the representative of the travel organizer and service providers in good faith. In case of non-compliance with the listed obligations the traveler is held responsible for damages done, and DRIVE 2 RIDE waives any responsibility for such damages. In that case the traveler settles the damage with the facility owner (hotel, suite, etc.) at the reception desk.
When signing the contract, an DRIVE 2 RIDE employee will introduce the traveler with the sources of information about the country where the traveler is headed, including an opinion from the Croatian Ministry of European and Foreign Affairs. We recommend every traveler to personally find information on the website www.mvp.com, and look at the list of countries of high or medium risk.
In accordance to the Act on the promotion of tourism activity, the agency employees have to offer a package of travel insurance which consists of volunteer health insurance during the stay abroad, accident insurance, luggage insurance and travel cancellation insurance. When signing the contract, the traveler confirms that they were offered a travel insurance package. In case the traveler demands the listed insurances, they can be arranged directly with an insurance company or with DRIVE 2 RIDE, where DRIVE 2 RIDE participates only as an intermediary. The signing of this contract is confirms that the travelers were offered and recommended the insurances listed in the previous item.
Travel cancellation insurance
If the traveler when applying for a travel predicts that they could cancel the travel because of certain circumstances, we recommend that they buy the insurance policy against travel cancellation. Travel cancellation insurance cannot be bought later, but only during the application for the travel. Cancellation insurance is valid only in the following cases, with a mandatory written confirmation: acute illness, accident, a death in the immediate family, natural disaster and military exercise. If the traveler does not have travel cancellation insurance, and has to cancel their travel, and has a confirmation of an army summons, illness or death, DRIVE 2 RIDE retains the right to pay in accordance to the rules listed in article 9. of this contract. When canceling an arrangement the expense of acquiring visas is not paid in the case when the traveler has bought travel cancellation insurance. By buying a travel cancellation insurance policy the traveler transfers all their claims to the insurance company whose travel cancellation insurance policy they have, and DRIVE 2 RIDE is obligated to ensure for the traveler all documentation necessary for settling the claims from the insurance company, which relates to the arrangement. All cancellation conditions are listed in the insurance policy, and we recommend to each traveler to read them personally.
Travel canceled by DRIVE 2 RIDE, or a change in the itinerary
A travel is canceled because of a higher power, that is unusual or unpredictable events, which the organizer cannot influence or was able to avoid. Higher power does not include overbooking, but includes state orders, strikes, wars or crisis situations similar to wars, epidemics, natural disasters, etc.
If DRIVE 2 RIDE significantly alters the itinerary, accommodation or the price before the travel, they have to notify the traveler about it in writing. The traveler can within 2 work days from receiving a notification from DRIVE 2 RIDE either accept the changed itinerary or refuse it. In case of not accepting, DRIVE 2 RIDE is obligated to refund the paid amount to the traveler. In case of accepting, DRIVE 2 RIDE considers the substitute arrangement offered to the traveler the new travel contract, and the traveler gives up all claims towards DRIVE 2 RIDE from any legal standpoint which would arise from the original contract.
If DRIVE 2 RIDE did not provide most of the arranged services, or if they estimate they would not be able to ensure most of the arranged services, DRIVE 2 RIDE can at their own expense, with the traveler’s approval, change the program for the rest of the travel, and refund the traveler if necessary for the difference in price between agreed and provided services. With the written consent from the traveler, DRIVE 2 RIDE can replace the non-provided services with another service, and the traveler waives the right to a claim from DRIVE 2 RIDE for the part of the travel agreed and changed in this way, in relation to the signed Travel contract.
DRIVE 2 RIDE is authorized to cancel the contract either completely or partly with a one-sided statement, without obligation to refund the traveler for the damages, if there are outer sudden and unforeseen circumstances which could not be prevented, avoided or removed, and which would have been, if they had existed when the travel contract was being made, justified reason for DRIVE 2 RIDE not to make the contract. In that case, the traveler has the right for a complete refund of paid amount, or the difference in price between agreed and provided services.
DRIVE 2 RIDE retains the right to cancel the travel, 5 days before the travel starts at the latest, if the travel was canceled by the travel organizer for which DRIVE 2 RIDE was an intermediary in the sale of the arrangement in question, if a certain travel did not have the necessary number of applied travelers for the arrangement to be made, or for another valid reason.
DRIVE 2 RIDE retains the right to change the date or time of the travel because of a change in flight schedule, or because of unforeseen circumstances, right to change the travel direction if the travel conditions change (change in flight schedules, safety situation in a certain country, environmental disasters or other situation which DRIVE 2 RIDE cannot influence) and without a refund, in accordance to valid regulations in domestic and international traffic.
DRIVE 2 RIDE does not take responsibility for changes due to unforeseen circumstances and higher power during the travel. In that case it can ensure services with regards to the new situation. DRIVE 2 RIDE is not responsible for possible mistakes in the printing of the itinerary as a part of brochures/catalogs, as well as wrong data entry by operators on DRIVE 2 RIDE’s web-site.
Cancellation of the travel by the traveler
If the traveler cancels the paid travel, the agency retains the following from the full price:
a/ European travels, vacations, skiing:
– for cancellation up to 30 days before travel the organizer charges 30% of the arrangement price
– for cancellation from 29 to 21 days before travel 40%
– for cancellation from 20 to 16 days before travel 50%
– for cancellation from 15 to 8 days before travel 80%
– for cancellation from 7 to 0 days before travel 100%
b/ Distant travels:
– up to 45 days before the travel starts 30% of the arrangement price
– 15 days before the travel starts 80% of the arrangement price
– 14 – 0 days before the travel starts and after the travel starts 100% of the arrangement price
c.1) for individual travels:
more than 60 days before the travel starts, fixed indemnity
in the amount of 300 HRK
60 – 46 days before the travel starts 15% of the arrangement price
45 – 31 days before the travel starts 40% of the arrangement price
30 – 16 days before the travel starts 80% of the arrangement price
15 – 0 days before the travel starts 100% of the arrangement price,
after the travel starts and “no show” 100% of the arrangement price,
incomplete and/or invalid travel documentation 100%
of the arrangement price
c.2) for group travels:
120 – 91 days before the travel starts 5% of the arrangement price
90 – 76 days before the travel starts 15% of the arrangement price
75 – 56 days before the travel starts 25% of the arrangement price
55 – 41 days before the travel starts 50% of the arrangement price
40 – 31 days before the travel starts 75% of the arrangement price
30 – 0 days before the travel starts 100% of the arrangement price
after the travel starts and “no show” 100% of the arrangement price
The listed expenses are also applied to changes in travel dates or accommodation facilities, as well as on all other necessary changes. The agency calculates the real substitution expenses if the traveler (the contractor) cancels the travel, and finds another user of the same reservation, who fulfills all conditions to use the arrangement in question.
Travel with low-tariff airplane companies
For traveling with low-tariff airplane companies, the travel has to provide accurate information needed for issuing a ticket when making a reservation: correct name and surname, birth date, number of travel document and its expiration date and citizenship.
For the traveler’s cancellation of a travel with a low-tariff airplane company, the traveler covers the entire expense of the airplane ticket, or the expense of name change, according to the conditions set by the low-tariff airplane company. Hotel expense and the rest of the arrangement are charged in accordance to the general condition of traveler cancellation for European travels.
Airplane tickets and individual travels
In case the traveler cancels their airplane ticket, the traveler covers the cancellation fee, which is in most cases 100%. With individual travels, if accommodation vouchers were issued, as well as other services, the cancellation expenses depend on the conditions of aforementioned providers. We recommend the buying of a cancellation insurance policy.
Contract changes and travel ceding
When, after agreeing on a service, the date of the travel is changed, or the destination, transport to the destination or the starting airport, the agreeing of a new service is understood to include the charging of those expenses. The travel agency has the right to refuse the change, when it is in conflict to legal regulations or official orders. Sometimes there exists a possibility that the airplane company does not allow a change of the reservation to another name. That is why during travels which include airplane travel, the right of a traveler to cede the travel to another person depends on the possibility of change the airplane ticket reservation. If the reservation change is not possible, the cancellation expenses are covered according to General conditions.
The traveler has the right to complain about the unfulfilled services agreed upon. The traveler has to submit a written complaint to DRIVE 2 RIDE within 8 days from the end of the travel. The complaints submitted after the deadline will not be taken into consideration. We emphasize that it is in the traveler’s interest to act in good faith and show the will to solve any complaints during the travel, and submit their written complaint to the service provider at the location (reception, carrier, restaurant, or travel agency at the destination), and ask from the service provider a confirmation that they received the complaint. Every traveler (contractor) submits the complaint individually. DRIVE 2 RIDE will not take group complaints into consideration.
DRIVE 2 RIDE has to reach a written solution to the complaint within 14 days from receiving the same. If necessary, DRIVE 2 RIDE can prolong the deadline for reaching a written solution for another 14 days, for collecting information and verifying the claims from the complaint, about which they have to notify the traveler who submitted the complaint, in writing. DRIVE 2 RIDE will solve only the complaints for which the traveler submits a written proof that they submitted a written complaint to the service provider at the location, and that the cause could not have been removed at the location. If it was DRIVE 2 RIDE’s fault that a part of the program or a part of the services were not completed, the traveler has the right to a refund in the amount of the real value of services which were not used. In case of signing a contract by the “Fortuna system” or by “Last minute offer”, the traveler does not have a right to complain about the accommodation.
While DRIVE 2 RIDE does not reach a solution, the traveler waives the right for any other person to act as an intermediary, arbitration by UHPA or a court institution, or giving information to the media. Before starting a court case, we recommend contacting the Arbitration commission of UHPA (Association of Croatian Travel Agencies, www.uhpa.hr), with DRIVE 2 RIDE being a member of the association. In case of a court case, the Zagreb court has jurisdiction.
The traveler has to notify DRIVE 2 RIDE about all the facts regarding their health, habits, etc., and which could jeopardize the travel (if health or other reasons requires a certain kind of food, has a chronic disease, allergies, etc.). Some itineraries list special rules for travel which include mandatory vaccinations and acquiring certain documents. The traveler has to perform mandatory vaccination as well as possess confirmation and documents of the act. We recommend the buying of a health insurance policy.
Transporting luggage up to a certain weight, determined by the carrier, is free. With airplane transportation, extra luggage is paid for by the traveler, in accordance to valid rules and prices of the airplane company. Children up to 2 years of age don’t have the right for a free luggage transport. DRIVE 2 RIDE does not take responsibility for lost or damaged luggage. Reports of lost luggage are submitted by the traveler to the carrier or the hotel. With airplane transportation, the airplane company is solely responsible for the luggage, based on regulations valid in airplane traffic. In case of lost luggage the traveler fills out the PIR form of the airplane company which made the transport and submits it to the representative of the airplane company, and keeps one copy of the form form themselves. Based on the completed form, the airplane company pays damages according to regulations valid in domestic and international air traffic. In case of lost luggage in the hotel, the traveler submits the demand to the hotel where the luggage was lost. We recommend the buying of a luggage insurance policy.
Insurance for the case of insolvency or bankruptcy of the travel organizer
In case of insolvency of bankruptcy of the travel organizer, the travelers on a travel have to contact the insurance company UNIQUA OSIGURANJE d.d. as fast as possible, and list an address or a telephone number where an insurance representative can contact them. This document is valid as an insurance confirmation in case of bankruptcy or insolvency of the travel organizer. The number of the insurance guarantee policy: 11-7002470210.
Protection of personal information
The traveler provides their personal information willingly. The traveler’s personal information is necessary in the process of achieving the arrangements, and will be used for further communication. DRIVE 2 RIDE is obligated not to transport a traveler’s personal information outside the country, other than for the purpose of achieving the arrangements. Exceptions from providing personal information to third parties relates to arranging travel insurance policies, or, if a traveler makes an insurance policy, then their personal information will be forwarded to the insurance company. The traveler’s personal information will be stored in the database, in accordance to the decision from the company’s Management on the way of collecting, processing and storing personal information. The traveler agrees that their information can be used for DRIVE 2 RIDE’s marketing campaigns.
Information the traveler receives at the retail outlet are no greater commitment for the organizer than the information listed in the travel itinerary.
This conditions and travel instructions exclude all previous conditions and travel instructions. General conditions and travel instructions are a constituent part of the contract which the traveler makes with DRIVE 2 RIDE, or an authorized tourist agency in which they applied for a travel organized by DRIVE 2 RIDE
The parties are obliged to amicably resolve any possible disputes. If that is not possible, in case of a dispute the Zagreb court has jurisdiction, and Croatian law is applied.