Terms and conditions for excursions
These general conditions (hereinafter: Conditions) regulate the relations between EXCURSIONS AND SERVICES HEINRICH, tourist agency, Supleti 3, 10000 Zagreb, responsible person: Renata Heinrich, owner (hereinafter: the Agency or we), as the provider of online offers, and the customer, or a third party as beneficiary in the event that the customer buys a travel service in favour of a third party (client, tripper, vacationer, hereinafter: the Tourist, Client or you). The Tourist may also arrange a group booking and, in that case, is obliged to inform all passengers in the group about the offer and these Conditions.
The Agency offers: excursions, accommodation and other tourist services.
Any Internet purchase automatically means acceptance of these Conditions and, at the moment of payment, they become a contract between the Agency and the Tourist.
The Agency cooperates with the Tourist as:
• a tour operator, and in that case acts in its own name and for its own account, issues to the Tourist its own invoice and voucher, which contain a detailed description of the services, and assumes full responsibility for the implementation of excursions, cancellations and any deficiencies in the performance of services; or
• an intermediary, in which case it acts in someone else's name but for its own account, and issues its own invoice and a ticket or voucher from a tour operator, to whom all responsibilities for the performance of services are transferred.
1. Service
On the website of our Internet travel agency (hereinafter: the Website), the services, their descriptions, prices, special offers and benefits, payment methods and conditions applicable at the time of the completed order are listed. All information on services provided by e-mail or otherwise shall be considered official and have the force of a contract. We are required to provide you with the services described in the order, to safeguard your rights and interests in compliance with the business practices of this industry, and to introduce you to all applicable requirements such as border, customs, health, religious and other relevant regulations of your country and the country of destination. Before purchase, we are obliged to provide you with all additional promotional materials in printed or electronic form and all relevant information regarding the service. All quotations from hotels, as well as the information contained in promotional materials, become binding upon us after your purchase. If you agree with us on a particular service that has not been described on the Website and for which there is a written or electronic record, such an agreement has priority over the standard Website offer.
We may present offers for our services via:
• e-mail
• in person, or
• as an integral part of the web shop.
2. Payment
2.1. Payment terms.
2.1.1. Prices.
All prices include taxes in accordance with Croatian law. Such a price has to be visible before you complete the order.
2.1.2. Time of payment.
Under these Conditions, you are obliged to pay for the services at least 14 days prior to departure, unless otherwise determined by agreement between the contracting parties according to a pre-arranged payment schedule. After payment, you will receive a notification from us confirming the successful payment. In the absence of payment, we will remind you and, if payment is still not made afterwards, it will be considered that you have given up on the service.
Exceptionally, in our online store it is sometimes possible to pay for the trip just a few hours before departure, if our Internet application allows it (as described in article 2.2.1.).
2.2. Payment methods.
2.2.1. Payment in web-shop by Maestro, Mastercard® or Visa credit or debit card.
Information on excursions can be read on the web pages. If interested, the Client finds an available date, chooses the number of people and, if they wish, can pay the reservation by card. Upon payment, the Client receives our voucher (with all information needed to use the service). A detailed description can be found on our support page.
Card payment security statement.
The online payment is carried out by the T-Com PayWay system (in Croatia HT PayWay). HT PayWay applies state-of-the-art data protection standards – the Secure Socket Layer (SSL) protocol with 512-bit data encryption and the SHA-512 algorithm. The ISO 8583 protocol ensures that the data exchange between the T-Com system and the authorization centres of the card companies is carried out in a private network, which is protected from unauthorized access by a double layer of firewall.
Privacy statement
The Agency is committed to protecting the personal information of customers by collecting only essential customer information that is necessary to fulfil services (in accordance with GDPR, more on that in article 8). Sensitive card information will be entered directly into Croatian Telecom’s (HT) PayWay system.
Conversion statement
The amount paid will be converted from your currency to the local currency (euro, €, EUR) on the day of payment according to the usual exchange rate of the issuing bank (if your currency is not euro).
2.2.2. General money transfer or Internet banking.
After a service has been chosen, you will receive a pro forma invoice and instructions for payment. If you choose this method of payment, you will receive, at your e-mail address, a quote with all data necessary for payment, including the transaction account number to which it needs to be paid and the value of the order. Payment can then be made using Internet banking or bank transfer, or in cash through banks, post offices and Fina (Croatian financial institution), to the transaction account.
2.2.3. Payment in cash.
In this case, the Client pays in cash directly to us (in person). Upon payment, we issue a fiscal invoice in accordance with legal regulations.
3. Irregularities in execution of service
If you notice that the service has not been carried out in accordance with the description of the offer, you should immediately contact the Agency by e-mail (excursionsheju@gmail.com) or by phone at +385989485604. We will respond immediately and try to correct the irregularities. If this is not possible, the further procedure is described in section 4 of these Conditions.
4. Obligations of the Agency in the case of modified or unfulfilled purchased service
4.1. The Agency’s obligations. Understanding of the Conditions.
We are responsible for ensuring the implementation of the above services as a travel organizer and, as an intermediary, are required to ensure that you know what the obligations of the travel organizer are. If, before the trip, we gain knowledge of significant changes to the program, we must immediately inform you about all changes and the impact of these changes on prices. In that case, you can accept or refuse the modified service.
4.2. Modification of the program.
You must, within 24 hours of receipt of the modified travel arrangement offer, accept or reject the changes. Lack of response is considered a cancellation. In the event of cancellation, the contract is terminated without obligation for further damages and costs. In that case, we are obliged to refund the amount you have paid within 5 days of receipt of the cancellation notice.
If the Client does not accept the changed contract, the Agency can offer an alternative travel arrangement within 24 hours of receiving the rejection. A description of this arrangement must be provided to the Client prior to the offer of the new contract. The Client has to respond within 24 hours after receiving the description. The absence of a response is understood as rejection.
4.3. Refund of excess funds.
If the price of the alternative travel arrangement is lower and you accept it, we shall refund the price difference to you within 5 days of your acceptance. In this case, you have no right to claim any other refunds from us.
4.4. Unforeseen circumstances.
We may, by unilateral declaration, completely or partially terminate any agreement in the event of unforeseen circumstances (war, epidemic, political crisis, natural disaster), whose existence at the time would have been a justified reason for us not to sign a contract for an organized trip. In this case, you are not entitled to compensation for damages or physical injuries, but you are entitled to a refund of the funds you have paid to the Agency, except for amounts that have already been paid to third parties where we are unable to obtain a refund.
If it is not possible to appropriately amend the travel program, or if the Tourist does not accept the changes for valid reasons, the Agency shall, at its own expense, enable the Tourist to return to the place of departure or to another location, if the Tourist agrees with it.
4.5. The Agency’s withdrawal from services.
If the Agency fails to carry out the service and there are no unforeseen external circumstances, it must refund the amount paid without delay. If the Agency does not carry out all the agreed services, or if it determines that it will not be able to provide most of the agreed services, it may, with the Tourist’s consent, make modifications to the program so that the journey can continue and, if necessary, compensate the Tourist for the price difference between the contracted and actually rendered services.
5. The Tourist’s withdrawal
You may terminate the travel contract in writing. In that case, we keep the paid amount, which depends on the date of cancellation, as follows:
• 14–8 days before departure: 50% of the price,
• 7–0 days prior to departure: 100% of the price.
In the case of a valid medical certificate, or proof that a force majeure event occurred (accident, death), we will refund the entire amount as the travel organizer, or our commission as an intermediary, in cases where the money or part of it has not been physically passed on to third parties or if we are not obligated to do so.
6. Obligations of the Tourist
You must inform us of all facts regarding your health and any facts or circumstances that could jeopardize the progress of the journey and endanger you or others. The Agency shall not forward this information to third parties, except those involved in the implementation of the program. You are obliged to ensure that your documents and items comply with border, customs, health and other regulations of your country as well as the country of destination. You are obliged to follow the normal rules and regulations of the catering and accommodation facilities and transportation. Also, you are obliged to comply with departure times, meeting points and similar when travelling. In the event that you do not arrive on time, the decision to wait for you or leave without you will be left to the responsible person. In that case, the costs of return, as well as all other costs, will be covered by you.
7. The Tourist’s method of submitting a complaint
In accordance with the Consumer Protection Act, your complaint about the quality of our services can be submitted in writing to the following address: EXCURSIONS AND SERVICES HEINRICH, Supleti 3, 10000 Zagreb, or by e-mail: (excursionsheju@gmail.com), no later than 8 days after the service has been rendered. We will respond in writing to a complaint no later than 15 days from receipt of the complaint. The letter of complaint must contain your name and surname and your address or e-mail address.
8. Use of personal data – privacy policy
8.1. Obligation of the confidentiality of personal data.
We are obliged to protect the privacy and confidentiality of personal data of all Tourists, according to the Law on Personal Data Protection. All our employees and all of our business partners are required to comply with the principles of privacy and confidentiality. We only collect the necessary, basic information about Tourists and inform them about the way the information is used. Personal information is information which determines your identity. We do not collect or process your personal information unless you consent to it when placing an order for services.
8.2. The collection, use and disclosure of personal information.
We will use your personal information solely to provide services, for technical administration or in order to communicate with you. Your personal information will be stored in our information system on a secure server and shall be available only to those for whom this information is necessary to provide quality service to you. These data are protected from loss, destruction, distortion, falsification, manipulation and unauthorized access, as well as unauthorized disclosure. We guarantee that access to and use of your personal data will never be given to a third party without your prior consent. An exception is an inspection conducted by the competent state authorities of the Republic of Croatia for investigative activities pursuant to a valid court order.
8.3. Accuracy of the personal data.
Your registration confirms the accuracy and completeness of the data in the application form and expressly gives consent that we may, in accordance with the Law on Personal Data Protection, use the personal data submitted in the contact form for the purpose described in article 8.2. You shall pay for any damage caused by providing incorrect information.
8.4. Type of data collected.
We request from you, via the application form, personal contact information (such as your e-mail address, telephone number, name and address, date of birth, gender, nationality and passport or identity card number). This information is used for billing purposes and to fulfil your order, and to contact you in order to verify provided information or placed orders, or in the event of problems while processing an order.
The Agency never asks for financial information (such as credit card number, the credit card holder and expiration date). These data are entered into the HT-PayWay server.
8.5. Automatically recorded information (non-personal).
When you arrive at our Website, it automatically records (not as part of the application form) general non-personal information. The recorded information is used to measure the use of our Website and improve its content and functionality. Such data is not used for any other purpose, nor is it relinquished to third parties unless required by law.
8.6. Cookies.
We only use cookies to collect information related to your visit to our Website, and to observe additional functionality or to assess the effectiveness of our presence on the Internet.
8.7. Links to other Internet sites.
This statement on the protection of personal data applies to all websites and their subdomains of EXCURSIONS AND SERVICES HEINRICH, Supleti 3, 10000 Zagreb.
8.8. The right to information.
If you have any questions about our privacy policy or data processing, please contact us via e-mail at: (excursionsheju@gmail.com).
9. Legal
9.1. Misuse.
This Website contains information about products and services offered by us and also serves as our electronic point of sale. We cannot accept liability for any damage arising from the use of information from this Website for purposes that go beyond the scope of their intended purpose. The Agency is required to apply all measures to guarantee safety within a reasonable security framework in order to protect your interests and prevent possible misuse. We cannot be held responsible for any abuse if it cannot be determined that it has been misused due to technical vulnerabilities in the Internet webshop or omissions of our employees. We use reasonable efforts to maintain the information on this Website up to date and accurate. Due to the dynamism of the market, there may be occasional discrepancies between actual data and the information available on the Website. By registering on our Website you acknowledge that you are fully aware of and accept these Conditions.
9.2. Minors.
According to the Consumer Protection Act, only their legal representatives can enter into a contract (order) in the name and on behalf of a minor or a person completely incapable of conducting business. Persons with partial business capacity can enter into a contract only with the consent of their legal representative.
9.3. Changes of the Conditions.
If there should be any changes regarding our privacy policy, general Conditions or any other information on our Website and/or in other places, you need to know that those changes are valid from the publication date. Therefore, before using this Website, you should read everything related to the services offered.
9.4. The Agency does not provide any health insurance or insurance for damages, injury, loss of belongings and similar, without a separate agreement.
9.5. In the event of a dispute, the competent court in Zagreb shall have jurisdiction.