Ban Tours General Terms & Conditions of Travel

I. General Terms

General terms and conditions of travel govern the relationship between the tourist agency Ban Tours d.o.o. of Zagreb, OIB: 91025164621 (hereinafter: Ban Tours), as travel service provider and the person who closes the travel deal, i.e. the person who is entitled to travel (hereinafter: the Client) based on the concluded organized travel contract (hereinafter: OTC).

General terms and conditions are supplementing special terms and conditions stipulated in the contract between Ban tours and the Client, are an integral part thereof and are binding for the parties to the Contract. In case of discrepancies between General Terms&Conditions and the provisions on organized travel between the parties to the contract, stipulations of the special provisions of the contract shall have precedence.

Terms used in the General Terms and Conditions which are gender related are used so that references to one gender include both male and female gender.

I. Travel Arrangements

Content

Ban Tours publishes an itinerary for each travel it organizes. The travel itinerary contains major features of the travel service (destination, travel plan and timeframe of travel, number of overnight stays if accommodation is included etc.), the total price and modes of payment, general information on passports and visas, and other relevant travel information.

The content of the travel comprises all information and services described in the itinerary including the price. Ban Tours will provide contents of the tour in full, as described, within stated deadlines and according to the agreed price, except when this is not possible due to the circumstances beyond control of Ban Tours and/or which cannot be avoided even after taking all reasonable care (hereinafter: extraordinary circumstances).

Ban Tours reserves the right to change a part of the itinerary in case of extraordinary circumstances, where the agreed accommodation can be substituted only by accommodation in a facility of an equal or higher category. Price difference for such accommodation is borne by Ban Tours.

Categorization and services

Accommodation offered as well as other facilities (e.g. restaurants and such) means of transport and similar, are described in accordance with the official categorization of the tourist organization in charge at the time of release of the travel itinerary.

Ban Tours would like to draw your attention to the fact that official categorization, standards of accommodation and food, service level et cetera, differ from location to location, and especially from one country to another. Ban Tours shall provide the Client with all relevant information at its disposal regarding categorization and services.

Luggage Allowance

The Client is entitled to free transportation of luggage up to a certain weight and quantity in accordance with the rules and tariff of the carrier, except with regard to children up to two years of age. Ban Tours shall provide all relevant luggage information to the Client on time. The Client shall inform Ban Tours on time if carrying special luggage items out of standard sizes or if carrying animals. Ban Tours shall undertake all required steps to enable the Client to travel with special luggage items, but cannot guarantee that such a request will be met and thus cannot be held liable if the request is not met.

The Client shall take care of his luggage and other belongings, valuables and documents during the whole trip.

Where air transport is concerned, the Client may pay for extra weight according to the rules and prices of the carrier. Ban Tours is not liable for possible loss of or damage to the luggage.

In case of lost luggage the Client notifies the carrier or the hotel, that is to say the service provider of the service during which the luggage has been lost. In the air traffic the air carrier has sole liability for loss of luggage in accordance with international regulations governing air traffic. In case of luggage lost in air transport the Client is to fill in a PIR form of the air carrier and to submit one copy to the representative of the carrier or other authorised person, and keep one copy for himself. If the luggage is lost in the hotel, the Client is to contact the hotel representative where the luggage has been lost or other authorised person.

Accommodation

Allocation of rooms, suites and other accommodation units is done by the reception of the facility in which the Client is accommodated (Hereinafter: rooms).

If the Client has not booked a specific room i.e. a room of specific size or with other specific features, he shall accept any officially registered room as accommodation in a given property i.e. destination described in the travel itinerary. The accommodation is provided in the way and at the time as stated in the travel itinerary. If there is no information to that respect, accommodation - rooms -are available after 4 pm on the first day of your stay and the room is to be vacated at 10 am on the last day of your stay at the latest. Otherwise the Client is responsible for possible extra costs incurred.

If the Client wishes to arrive at the agreed accommodation after 8 pm, and such time of arrival does not comply with the travel itinerary, he shall inform Ban Tours accordingly 24 hours before the journey starts at the latest. Ban Tours will do his best to make such late arrival possible for the Client, if feasible. Ban Tours will also try to meet all other requests of his clients regarding accommodation (comfort level, room location, view, floor etc.) if by doing so they will not interfere with performance of travel itinerary, but cannot guarantee that such requests will be me, and cannot be held liable for any extra costs incurred by request on the part of the Client.

Price

The Price of the travel arrangement comprises all services contained in the content of the travel arrangement, including taxes as well, and if required, all additional fees and charges and other included costs, that is to say, stating all types of additional costs that the Client may be required to bear, if it is not reasonable to expect that such costs be calculated before entering into the Organized Travel Contract.

The Price of the travel arrangement does not include special services that are not included in the content of the travel arrangement, and which the Client agrees to, that is to say, pays for extra. Ban Tours shall inform the client about special services he is able to offer in relation to a given arrangement. Special services are, as a rule, agreed upon when registering the travel and their cost is added to the price of the travel arrangement.

Travel arrangement prices are in Croatian Kuna. Prices for services in other currencies that are included in the content of the travel arrangement or are to be agreed upon separately when booking the travel are recalculated to Kuna based on the selling rate of the Ban Tours business bank on the day of the travel itinerary release, that is to say, on the day when special services are contracted.

Special services requested by the Client during the travel which Ban Tours may provide are payable directly to the tour escort or Ban Tours representative in the currency of the country where the service is provided. All other services that the Client may request during the tour shall be directly agreed upon between the service provider and the Client who has sole responsibility for such services.

Ban Tours reserves the right to change published prices of the travel arrangement even after entering into Organized Travel Contract in case of change in transport prices based on change in fuel or other sources of energy, tax rates or fees for services included in the contract, which are defined by third persons not directly participating in the performance of the travel arrangement (including tourist taxes, landing fee or embarkation or disembarkation fee in ports and airports, and similar) or changes in exchange rates relevant for the given travel arrangement.

Increase in price may be made up to 20 days before the departure date at the latest, whereas Ban Tours may, in cases referred to in the above paragraph, unilaterally and without seeking permission of the Client increase the price up to maximum 8 per cent of the total price of the travel arrangement and shall inform the Client accordingly in writing. If the price increase is higher than 8 per cent of the total price the Client may within 7 days accept the suggested change or terminate the contract without any cancellation charges. In case the Client cancels the Contract on organized travel Ban Tours may offer him an alternative arrangement possibly of the same quality or refund the paid amount within 14 days from the cancellation of the Contract.

III. Making a Booking and Paying/ Entering into, Cancelling and Transferring the Contract

Booking

Travels are booked in Ban Tours branch offices, branch offices of Ban Tours authorised partners by telephone, telefax or email, that is to say any other means of telecommunication stated in the itinerary.

Ban Tours and/or authorised representative of Ban Tours shall provide prior to entering into the Contract all suitable and relevant information in a clear and understandable way in writing and in Croatian, whenever possible. Information thus provided is an integral part of the Organized Travel Contract and cannot be changed unless parties to the contract expressly agree otherwise.

Ban Tours will inform the Client about the risks and risk level regarding travelling to certain countries in accordance with the recommendations and warnings of the Ministry of Foreign and European Affairs of the Republic of Croatia. By entering into the Organized Travel Contract the Client acknowledges and accepts possible risks at his own responsibility.

Entering into an Contract

When entering into an Organized Travel Contract or within 3 days from entering into the Contract, Ban Tours shall provide the Client with a hard copy of the Contract or confirmation on concluded Contract (paper or other tangible medium).

The Contract is considered closed after the parties have agreed on substantial elements of the Contract and confirmed by signing through an employee or authorised representative of Ban Tours and the Client. When entering into the Organized Travel Contract the Client shall furnish Ban Tours all information including personal data as well as furnish or present all documents relevant for a given travel i.e. travel arrangement. The Client is liable for accuracy and validity of data i.e. documents and accepts all agreed obligations including possible legal consequences resulting therefrom.

Transferring of Contract

The Client may transfer the Organized Travel Contract to a person complying with all requirements applicable to the said Contract before the beginning of the travel arrangement provided he informs Ban Tours about it 14 days before the beginning of the travel arrangement in writing.

The Client, as transferor and transferee are jointly liable for payment of the total price as well as all possible additional fees, charges or other expenses resulting from such transfer of Contract. Ban Tours will inform the Client on actual costs of transferring the Contract and furnish relevant proof regarding all additional fees, charges or other expenses.

Cancellation of Contract

The Client may terminate the Organized Travel Contract at any time before the beginning of the travel arrangement by a written notice. Unless otherwise provided for in the contract Ban Tours shall charge the Client a standard cancellation charge based on the number of days between receiving cancellation notice and beginning of travel arrangement, as follows:

Payment guidelines and conditions

The Charterer undertakes to pay the sailing boat accommodation fee to the benefit of the gyro-account of Ban Tours or with credit card (American Express, Diners Club International, Eurocard/MasterCard, Visa) as follows:

50% of the sailing boat accommodation fee (down payment) when booking the vessel for a defined period;

50% of the sailing boat accommodation fee (balance payment) 4 weeks before the arrival; The payment shall be made on the basis of the issued invoice. In order that the booking becomes final, the Charterer is obligated to pay the down payment. Please respect the payment due dates for the reservation. We reserve the right to cancel the reservation in case of delayed payment without prior notice.

Reservation cancelation

50% of the amount of the sailing boat accommodation fee in case the Charterer should cancel 29 days before the beginning of the sailing boat accommodation.

Total amount of the sailing boat accommodation fee in case the Charterer should cancel 28 to 0 days before the sailing boat accommodation, as well as after the beginning of the period for which the vessel was stipulated. Prior to your arrival you will receive an e-mail from our booking team with instructions to fill out your crew list and send further necessary details such as licenses, arrival time etc.

Unless otherwise stipulated in the OTC the Client shall pay 30% of the total travel arrangement price at the time of signing the OTC (including agreed additional services). The total price of the travel arrangement is payable 21 days before travel at the latest and the already paid deposit is counted towards fulfilment of payment obligation. If the Client does not pay the total price of the travel arrangement by the given deadline he shall be held liable for non-performance.

IV. Mutual Rights and Obligations

Ban Tours

Ban Tours takes care of performance of services agreed and selects partners, that is to say, service providers with the due care and diligence of a prudent businessman. Ban Tours takes care and protects the rights and interests of the Client guided by good customs and international standards in provision of services in tourist industry, applying good practices and consulting with the Client when required and when in the interest of the Client.

Ban Tours shall provide all agreed services to the Client that is to say fulfil the content of the travel arrangement in full, as described, within the stated timeframe and for the agreed price, and is liable for performance except in case of extraordinary circumstances that could not have been avoided. If it is not possible to provide a larger portion of services pursuant to the OTC Ban Tours may offer the Client alternative arrangement of the same or higher quality if possible at no extra costs for the Client.

If it is not possible to ensure the return travel in accordance with the OTC due to unavoidable circumstances Ban Tours will bear costs for emergency accommodation up to three nights per Client where possible in equivalent accommodation category.

If the Client should find himself in difficulty Ban Tours will, in the shortest time possible, provide appropriate assistance in the form of timely and accurate information on health services, consular assistance and relevant local authorities.

Furthermore, Ban Tours will provide assistance to the Client in establishing remote communication or finding an alternative travel arrangement. Ban Tours reserves the right to charge the incurred real costs of providing assistance, if the Client has caused the said difficulties by intention or negligence.

Ban Tours treats the entire Client's data including his address, place and time of travel, sojourn, and paid price, names of companions and such as business secret, except when disclosure is legally required or requested by authorised official.

The Client

The Client shall have valid travel documents including visas, medical documents, letters of intention or other documents required to travel to a certain destination. Ban Tours will advise all clients timely on required travel documents. The Client will present valid documents before travel confirming that the travel arrangement has been paid (original voucher, confirmation of payment, money transfer) to either tour escort or Ban Tours representative.

In case of loss or theft of travel documents or other documents during the travel all the pertaining cots are born by the Client. Ban Tours shall provide all possible assistance provided that it does not interfere with the normal course of itinerary, i.e. agreed travel.

Upon explicit request by the Client Ban Tours may assist in arranging a visa against a service fee. The issuing of a visa rests solely with the immigration authority of a given country. Ban Tours does neither guarantee nor can it be held liable for issuing of a visa and/or a decision to refuse to grant a visa. The Client is liable for all consequences resulting from the visa application procedure except for extraordinary circumstances that could not have been avoided.

When the Client is obliged to be vaccinated or perform some other action in accordance with the rules and information provided by the World Health Organization (WHO) and hold valid documents to that end, he is obliged to do this on time and at his own expense, and to present them upon request by either Ban Tours or the competent authority.

If the Client does not have valid travel documents or he has not been granted a visa, i.e. he has no appropriate medical or other documentation which results in cancelling the travel or inability to depart, he bears sole liability. This also applies to noncompliance with regulations and customs of a particular country. BR reserves the right to charge the Client a standard cancellation fee for cancellation of OTC and possible damage incurred due to invalid travel documents, medical or other documents, i.e. damage incurred by such behaviour of the Client.

The Client shall respect all regulations of the Republic of Croatia and other countries he stays in during the travel, and obey the house rules and etiquette in all destinations and facilities during the travel. The Client shall bona fide observe all instructions and cooperate with the tourist escort i.e. Ban Tours representative, as well as with suppliers of services during the travel.

Should a Client breach his obligations or abuse his rights, that is, interfere with other passengers during the travel arrangement he shall be liable to Ban Tours for incurred damage.

V. Insurances

Insolvency Insurance

For each travel arrangement organized Ban Tours provides security against insolvency with an insurance company or a bank in the Republic of Croatia or some other member state of the European Union.

In the OTC Ban Tours shall advise the Client on insolvency surety specifying insurer's data and policy number or bank guarantee number, as well as other data required to call the security.

Damage Liability Insurance

Ban Tours has a damage liability insurance contract for possible damage to the Client resulting from non-performance, partial performance or sloppy performance of obligations regarding the travel arrangement.

Ban Tours shall include information on damage liability insurance, insured risks and particulars of the insurance company including insurance policy number, as well as other data required for activating insurance and exercising his rights to damage compensation.

Obligation to Offer Insurance to the Client

Ban Tours shall offer travel accident and medical insurance, loss of or damage to luggage insurance, optional travel medical insurance covering travel and sojourn abroad, travel cancellation insurance and insurance covering costs of assistance and return of the Client into the place of departure in case of accident or illness; Ban Tours shall provide information on the coverage of these insurance policies and general terms of insurance contract. Should a Client request an insurance contract Ban Tours will only facilitate between the Client and the insurance company.

Recommended Insurances

Ban Tours recommends that the Client takes an insurance policy against cancellation risk, especially if the Client expects that circumstances may occur in the future that will force him to cancel the OTC. Cancellation insurance is entered into when booking the travel and provides coverage only in cases stated in the insurance policy. Ban Tours will without delay provide all relevant documents to the Client that is required to claim damages against the insurance company with regard to cancelled travel arrangement.

VI. Dealing with Complaints

The Client may make a complaint in writing on the Ban Tours premises and Ban Tours shall confirm the receipt of such a complaint in writing. In addition to that, a written complaint may be made by mail, fax or electronic mail. Ban Tours shall respond to such a complaint in writing within 15 days of the receipt of the complaint.

Ban Tours keeps record of complaints and these complaints are on file for twelve months from the date of receipt.

Internal Procedures for Complaint Resolution

The Client complains about an unsatisfactory service to the tourist escort or Ban Tours representative, and if neither of them are available, to the service provider immediately after unsatisfactory provision of service. The Client shall participate in resolving the complaint and cooperate bona fide with the tour escort, Ban Tours representative or service provider in order to rectify the causes of the complaint.

Ban Tours shall where possible offer resolution of the complaint in accordance with the contracted service, at the place of complaint and within a suitable period of time. If the offered resolution does not successfully rectify the cause of the complaint the tour escort i.e. Ban Tours representative shall make a note in writing to be signed by him and the Client. Ban Tours will based on that note contact the Client within 15 days in order to resolve the complaint.

If the Client has entered the Contract i.e. contracted the service on the Internet he can try to resolve his complaint through the online platform for complaint resolution pursuant to provisions of the special law on alternative consumer dispute resolution.

VII. Jurisdiction

Ban Tours aims to resolve all disputes through negotiations and peaceful means first and foremost. Should no agreement be reached and matters have to be resolved in the court of law both parties submit to the jurisdiction of the court in Zagreb having territorial jurisdiction.

VIII. Protection of Personal Data

Ban Tours protects Clients' data and uses them exclusively for operational needs related to travel arrangement, including services and communication with the Client. Ban Tours may transfer Client's data to a third country exclusively for the purpose of fulfilling the contracted travel arrangements i.e. services.

Upon explicit request of the Client Ban Tours will forward his personal data to the insurance company for the purpose of insurance policy. Ban Tours shall keep Clients' data for the period of 6 months after the end of travel arrangement unless otherwise requested by the Client or in case of complaint.

Zagreb, March 2018.