GENERAL TERMS – SAILING COURSE

1. GENERAL TERMS

These General Terms and conditions regarding the trip are a component part of the Agreement, in other words the voucher for the service of the sailing course made between adriatica.net d.o.o., Heinzelova 62 a, Zagreb (hereinafter: the Agency) and the travel contractor/course attendants (hereinafter: the Traveler).
All of the information and terms of the program and these General Terms are binding for both the Agency and the Traveler unless otherwise determined by the Agreement.

2. OFFER CONTENT

The Agency ensures services according to the published information which are valid on the day of the confirmed reservation, as well as according to the description and date in accordance with the confirmed reservation except in circumstances beyond our control.

3. RESERVATIONS AND PAYMENT

Inquires and reservations for sailing courses can be made by e-mail, in writing or in person at any of the Agency’s branch offices as well as at the offices of partner travel agencies. By confirming a reservation, the Traveler confirms that he/she is aware of the General Terms and conditions of the sailing services and fully comprehends and accepts these terms which are binding for both the Traveler and the Agency. The Traveler is obligated to provide any information which is required for the reservation process. A deposit is required for reserving a sailing route wherein the amount is determined by the method of payment. The remaining amount must be paid no later than 30 days prior to the beginning of the service unless otherwise specified by the terms and conditions (with the exception of payment in installments), with which the Traveler is familiar with upon confirmation of the reservation. Note for payment by credit card – the amount charged will be expressed in Kuna according to the exchange rate of Zagrebacka banka on the billing day or in Euro. Dictating one’s credit card number by way of remote communication signifies that the Traveler fully accepts these General Terms.

4. SAILING COURSE SERVICE RATES

The service rates include the basic services provided in the description of each reserved course. Special services are those services which are not included in the price of the sailing course (in the description portion of the sailing course marked “by request” or additional services that are available through prior notification) and as such the Traveler is obligated to pay for these services separately. Special services/requests must be made during the reservation process. The rates for the sailing routes are listed in Euros. The Agency reserves the right to change the listed rates. The Agency guarantees the sailing course rate, which the Traveler paid as a deposit for a specific reservation, listed in the calculation on the basis of which the deposit was paid. Should rate changes occur prior to the deposit being paid, the Agency is obligated to inform the Traveler of these changes. In the event that changes in the exchange rate or an increase in other expenses which directly affected the cost of the sailing course, of which the Agency was not and could not have known or been aware of, occur after a reservation has been confirmed, both parties confirm that the Agency has the right to raise its rates, no later than 20 days prior to the sailing course. Should the increase in the price of the paid reservation amount to more than 10 %, the Traveler has the right to cancel his/her reservation and is also entitled to a refund without any additional compensation.

The rates listed in our offers and programs are based on agreements made with our business partners and do not necessarily match the rates available on the spot. Possible differences in rates can be subject to complaint.

Should the number of people for reserved sailing course exceed the number indicated on the travel documents (voucher), the service provider has the right to withhold services for unannounced travelers.

5. OBLIGATIONS OF THE AGENCY

The Agency is responsible for providing services as well as selecting the service provider while respecting the rights and interests of travelers in accordance with the traditions of the tourism industry. The Agency will fulfill all the abovementioned obligations as described except in circumstances beyond its control (Article 2), and will then proceed as described in Article 12.

a) the Agency is obligated to, for the purpose of acquiring sailing and seafaring skills, to ensure the following terms for the Traveler:
- classes according to the program
- appropriate sailing vessel
- qualified instructor
- use of showers and other areas for personal hygiene (for classes that take place in/at the marina)
- accommodation on the sailing vessels for the duration of the classes (for beginner and spinnaker courses accommodation on the mainland in conditions that are similar to those on a sailboat)
- gourmet classes - three meals a day for every day of the class
- issuing a diploma to those Travelers that successfully completed the course (the diploma issued for the completion of the course is not legally valid and is not the equivalent of a license for operating a sailboat)

b) The Agency is obligated to ensure daily activities based on the framework of the schedule as follows:
- wake-up time in the summer at 7:00/7:30h
- exercises (for courses that take place at/in the marina)
- time allotted for breakfast
- theory
- leaving port
- meal break (dropping anchor)
- continuation of the sailing trip/route
- return to the marina/ dropping anchor
- boat maintenance
- theory
- time allotted for dinner at 18:00/19:00
Theory is presented in Croatian and/or English, while parts of the sailboats and terms that refer to the maneuvers used are presented in English.

6. OBLIGATIONS OF THE TRAVELER

a) By confirming a reserved course and paying a deposit of the total amount of the course, the Traveler guarantees the following:
- that he/she is at least seventeen years of age
- that he/she knows how to swim
- that he/she will bring a raincoat, boots and sailing gloves
- that he/she will bring towels for personal use
- that he/she will bring a sleeping bag

b) By confirming a reservation or paying a deposit or the total amount of the course, the Traveler accepts the program and task schedule as well as any changes that may occur according to the instructions given by the sailing course management board and the instructors.

c) The Traveler sails at his/her own risk.

d) The Traveler can be asked to leave the course if he/she does not follow the program or the schedule according to the instructions of the instructor. The Traveler is obligated to:
- have valid travel documentation
- respect and abide by all customs and foreign exchange regulations of the Republic of Croatia as well as the destination country of the course
- respect and abide by all customs and foreign exchange regulations as well as the laws and other regulations of the Republic of Croatia as well as other countries through which he/she passes or resides. In the event that the Traveler is unable to continue the trip as a result of being in direct violation of these regulations, the Traveler is responsible for all related expenses
- have confirmation and documentation for vaccination against diseases as required by certain countries
- abide by the rules of the boat or accommodation units for courses in which the accommodation provided is similar to the conditions on a sailboat, as well as cooperate with the service providers
- give the document which confirms payment of service, (the Voucher received by e-mail), to the course representative upon arrival
- enquire whether or not he/she requires a visa for the destination country as well as neighboring countries

If the Traveler does not follow these regulations, he/she will be held responsible for any expenses or damages. By confirming a reservation, the Traveler is obligated to pay the service provider on the spot for any damage(s) he/she may have caused.

7. PAYMENT DYNAMICS FOR THE SAILING COURSE

a) 50% deposit for a confirmed reservation, the remaining 50% 30 days prior to the beginning of the course
b) 100% of the total amount for a confirmed reservation if the beginning date of the reservation is within 30 days of the confirmation date

8. THE TRAVELER’S RIGHT TO MAKE CHANGES AND CANCELLATIONS

a) In the event that the Traveler wishes to change or cancel a reservation, if such a change is possible, he/she must do so in writing (by e-mail or fax). Changes can refer to the number of people or the names of the travelers, the date of the commencement and/or end date of the service (sailing course) and must be made no later than 35 days prior to the beginning date of the service in question. The first reservation change, if possible, will be made free of charge. For each additional change a fee of 15 Euros per change will be charged. If a reservation change is not possible and the Traveler gives up the confirmed reservation, the cancellation terms listed below apply. Reservation changes for sailing courses and all other changes after the abovementioned deadline for the beginning date of the reservation will be considered a cancelled reservation.

b) For fixed confirmed reservations for sailing courses, the date on which the written cancellation is received represents the basis of the calculation of costs as follows:
- 20% of the paid amount in the event of a cancellation up to 35 days prior to the beginning date of the course
- 50% of the paid amount in the event of a cancellation between 34 and 20 days prior to the beginning date of the course
- the total amount (100%) of the reservation within 19 days of the beginning date of the course

In the event that the Traveler must cancel a reservation within 19 days of the beginning date of the service, the Agency offers the Traveler the chance/possibility of finding a new Traveler/User for the same reservation, wherein the Agency will only charge for the actual cost of the replacement. The new reservation holder assumes all of the obligations of these General Terms and Conditions.

In the event that the Traveler does not arrive by midnight on the beginning date of the service and did not previously inform the Agency or service provider, the reservation will be cancelled and the corresponding cancellation fees will be charged according to the abovementioned terms.

Should the actual costs of the cancellation exceed the above listed fees, the Agency reserves the right to charge the actual costs.
If the Traveler did not use certain services that were made available to him/her during the sailing course due to the fact that he/she ended the trip earlier or other unpredictable reasons, the Traveler does not have the right to seek a partial refund of the full amount paid For every cancelled reservation the Agency charges a fee of 25 Euro for handling expenses.

9. CANCELLATION INSURANCE

Should the Traveler upon confirming a reservation anticipate specific situations which may cause him/her to cancel a trip, the Agency recommends taking out cancellation insurance. Cancellation insurance cannot be paid after-the fact and must be paid during the booking process. Insurance premiums are calculated according to the value of the trip and according to the rates of the insurance company. Cancellation insurance is only valid in the following situations and confirmation must be provided in writing:
- death
- accidents resulting in serious injuries
- sudden acute illness, which requires immediate medical attention/care
- complications during pregnancy
- intolerability of vaccines which were required by the regulations of the destination country
- property damage as the result of fire, natural disasters or vandalized property by a third party
- military service/recruitment

Should the Traveler not have cancellation insurance and is unable to travel and possesses written confirmation for one of the above mentioned situations the Agency reserves the right to refund the Traveler according to the cancellation terms listed in Article 8 of this Agreement. In the event of a reservation being cancelled, visa application costs are non-refundable even if the Traveler has cancellation insurance. If the Traveler has a cancellation insurance policy, the Traveler must file all claims with the insurance company which issued the policy, while the Agency is obligated to provide all necessary documentation relating to the claim and the reservation in question. All other terms and conditions are enclosed with the policy and the Agency recommends that travelers read the policy carefully and thoroughly.

10. TRAVEL INSURANCE

The cost of the trip does not include the travel insurance “package”: insurance against accidents and illnesses that may occur during the trip, damage or loss of luggage or health insurance.
Signing a travel Agreement, which includes these General Terms, signifies that the Traveler has been offered and received recommendations for additional insurance mentioned in the previous article. Should the Traveler request additional insurance, arrangements can be made at any insurance company or by the Agency itself wherein the Agency acts as a mediator.
Before buying insurance the Agency strongly recommends each traveler to read the terms and conditions carefully.

11. BAGGAGE/LUGGAGE

The transport of luggage by plane is free of charge provided that it is within the permitted weight requirements of the airline. Any additional luggage will be charged according to the going rates of the airline. Children, regardless of age, are not entitled to free transport of luggage by plane. When traveling by bus each traveler is permitted 2 pieces of personal luggage. Each traveler is responsible for property transported by bus and is also responsible for baggage and luggage when leaving the bus. In turn, the Traveler is responsible for lost, damaged and/or stolen property left on the bus unsupervised.

Each traveler is responsible for his/her own property. The service provider and the Agency are not responsible for lost, damaged and/or stolen property of passengers or other property stored on the boat, operative vehicle or at the agency office or the office of the service provider (an insurance package which would include luggage is recommended). Payment of the corresponding portion of the reservation amount confirms the reservation and confirms that the Traveler accepts these General Terms and Conditions and thus renounces all claims for the compensation of any property loss and/or damages by the Agency or service provider. Lost or stolen property is reported to the service provider or local police station.

12. THE AGENCY’S RIGHT TO MAKE CHANGES AND CANCELLATIONS

Courses can be cancelled due to circumstances beyond our control – as defined by the Law. The traveler that is asked to leave the course as a result of inappropriate behavior and/or interruption of the course is not entitled to a refund.
If the Traveler freely and willingly leaves the course, he/she is not entitled to a refund.
The service provider reserves the right to change the sailing vessel.
The service provider reserves the right to change the sailing route, in the event of bad/unsuitable weather conditions.

13. HANDLING COMPLAINTS

Filing a complaint:

The Traveler is obligated to file a complaint on the day of his/her arrival at the location of the service provider and to inform the Agency office in Zagreb either by email at info@adriatica.net or by phone at +385 0800 88 55 in other words +385 (0)1 2415 619. If the Traveler does not file a complaint in regards to the accommodation on the spot and does not inform the Agency’s office in Zagreb this will signify that he/she is satisfied with the service and is not entitled to further complaints. The Traveler is obligated to cooperate with the Agency representative as well as with the service provider in a well-intentioned manner so that the cause of the complaint can be resolved. Should the Traveler not accept the proposed solution which corresponds with the service rendered on the spot, the Agency is not obligated to take additional complaints into consideration.

If the problem is not resolved on the spot following an intervention, the Traveler is obligated to submit a written complaint along with supporting documents as well as any photographs to support the complaint to the agency by e-mail at info@adriatica.net or to the following address adriatica.net d.o.o. Heinzelova 62/a, HR 10000 Zagreb, no later than 8 days following the return of the Traveler from his/her trip. The Agency shall only take into consideration those complaints which are received within the 8-day deadline.

Until a decision has been made by the Agency, in other words for the duration of the 14/28 days after the complaint has been filed, the Traveler relinquishes the right to involve a third party, the arbitration of the UHPA or other institutions, publicly disclose information as well as the right to file suit.

If the Traveler has signed an Agreement for a “last minute” trip, the Traveler accepts all of the risks associated with that category which contain uncertain facts which the Agency cannot influence. The Traveler primarily agrees to the category in question due to the affordable rates/offers and as such is not entitled to any complaints against the Agency.

The highest amount of compensation per complaint can amount to the complaint portion of the service and cannot encompass the used portion of the service or the total amount of the service. This excludes the Traveler’s right to be compensated for ideal damages.

The Agency cannot be held responsible for climate conditions, cleanliness, and the temperature of the sea, or crowds, as well as similar situations and events which can result in the dissatisfaction of travelers and are not a direct result of the reserved service.

14. PERSONAL INFORMATION SECURITY

The Traveler provides personal information of his/her own free will. Personal information is required for processing requested services. The same information shall be used for inter-communication. The Agency is under obligation that the personal information of the Traveler will not be taken out of the country or given to a third party except for the purpose of carrying out requested services. The exception of passing on personal information to third parties refers to cancellation insurance or insurance against accidents and illness, insurance of lost luggage and health insurance for the duration of the trip both locally and abroad. Should the Traveler request insurance, the personal information of the Traveler will be passed on to the insurance company. The personal information will be kept in a database in accordance with the Management’s decision on the method used for collecting, processing and securing personal information. With the acceptance of these General Terms, the Traveler gives permission for his/her personal information to be used for promotional offers of the Agency.

15. BANKRUPTCY INSURANCE – INSOLVENCY

In accordance with the Law on Tourism, in the event of the Agency’s inability to pay or insolvency while the Traveler is already on his/her trip, the Traveler, as well as any other persons that paid a deposit for their trip, should contact the Agency’s insurance company as soon as possible (hereinafter: Allianz), and refer to policy number: 1500-170182726.

16. NOTE

Confirming a reservation and putting down a deposit, in other words, payment in full signifies that the Traveler fully comprehends and accepts the above General Terms.

These General Terms and travel regulations override all former terms and travel regulations.

17. DISCOUNTS

In the event of simultaneous offers, discounts cannot be combined. Discounts do not apply to last minute offers.

18. COURT JURISDICTION

The Traveler and the Agency will aim to settle possible law suits in the application of this Agreement and if an agreement cannot be reached the issue will become subject to the decision of the Zagreb Court jurisdiction, under the authority of the laws of the Republic of Croatia.

Zagreb, 01.01.2007