Instructions and conditions for making reservation
General conditions
These General conditions make an integral part of the program covering a cruising service and established by the program Contractor (hereinafter called the Passenger) and Excelsus d.o.o. , Jasna Crnobora 101 ,52100 Pula (hereinafter called the Ship Borna). All data and conditions given in the program/package and in the General conditions are binding both the ship Borna and the passenger unless otherwise set forth in the Contract.
The passenger undertakes in a written and in a verbal form respectively that he fully accepts these General conditions for reservation of voyage after having thoroughly read the same. When signing up for reservation of the chosen service the passenger shall pay an amount equivalent to 50 % of the package price (per person) unless otherwise stated in the program/package. Any difference to the full amount of the package should be paid 32 days before the voyage at latest unless otherwise stated in the program.
Price
Price for services rendered is given in the program of voyage. All extra services not included in the price shall be paid by the passenger and he is obliged to order the same when signing up or pay for them by accord on spot. Should the passenger seek for any special and additional service during the voyage he will pay for it on spot and in currency of the country he actually finds himself.
Change of price
The Ship Borna reserves the right of price change subject to change of currency rate in relation to the date the program/package was issued (above 0,5 %). The Ship Borna may inform the passengers about the price change in either written or verbal form. The passenger may have a choice to cancel the voyage without any cancellation expense in case of price increase for more than 10 % in relation to the contracted price but, however, not later than 48 hours from receipt of the relevant written notification. Should the passenger fail to cancel the reservation either personally in the agency or in a written form, all within the said time period, it shall be considered he is agreeing with the price change.
Travel papers
Travel papers will be submitted to the guest through internet or by mail (as agreed) and includes a receipt and vouchers, if the service is completely paid for by the guest.
Travel documents
The passenger should have valid personal travel documents. Due to invalid documents causing giving up the voyage and in case that because of such negligence the ship Borna suffers any additional damage, the same shall be indemnified by the passenger. Should there appear any loss or theft of travel documents the passenger shall provide for issue of new documents and pay for them. The ship Borna shall bear no responsibility for decisions made by Customs Authorities or police or any other public authorities relating to preventing the passenger entering some country.
Currency and Customs regulations
The passengers are obliged to observe currency and customs regulation as well as the law and other subordinate legislation of the Republic of Croatia and of other states the passengers are in transit or staying. If due to infringement of the law the passenger is not allowed to continue the voyage all expenses thereby incurred shall be born by the passenger himself.
Claims
It is in the interest of a passenger to try to solve his objection immediately at destination. If there appears no improvement even after such objection the passenger should ask for an acknowledgement confirming that the service had not been rendered or even not rendered in the way as contracted. This acknowledgement should be attached to the claim. A written claim should be submitted by the passenger within 8 days after the voyage is ended. In case of failing to submit such written claim within the said period the ship Borna shall not be obliged to take it into consideration.
For any claim to services rendered in a foreign country one should strictly observe the principle of submitting an objection and receiving an acknowledgement on spot as well as the time period for submission of such claim. The organizer is obliged to hand down an official decision in a written form to the claim submitted within 14 days from receipt, which time period may be prolonged to further 14 days necessary to gather more information. The organizer will decide only on those claims that had not been possible to solve immediately at destination. As long as the proceedings is in progress, but no longer than 14 days totally, and 28 days necessary to gather information respectively, the passenger explicitly waives an interference of any third party, UHPA arbitration or any other institution, and he will as well restrain himself from giving any information to media. During this time period the passenger shall waive the right to lodge a complaint. The highest amount of indemnity expenses for one single claim cannot exceed the amount of claimed part of services and cannot include the services already used or the whole amount of the package. The passenger and the Ship Borna shall try to solve any disputes in a friendly manner, should they fail to do so the same shall be governed by the County Court of Pula. Applicable law shall be the Croatian Law.
Obligations
The ship Borna is obliged to take care of the proper execution of services stated in each single program/package and provide for rights and interests of the passengers according to good fair tourist trade practices. He is obliged to render the passengers all the contracted services or a part of it. All obligations undertaken by each single program shall be fulfilled by the ship Borna completely and in the described way except for some unforeseen and inevitable occurrences that may appear. Some of them may be safety situation in the country or adverse weather conditions. If possible, the ship Borna shall in such case offer a compensation solution in order to realize the respective program/package. The ship Borna shall not be obliged to render any services not covered by these Conditions.
Obligations of passengers
The passenger is obliged to personally fulfill all conditions prescribed by the law of the Republic of Croatia and the states he is in transit or traveling to, and to observe code of conduct on board the ship. The passenger is responsible for any damage caused by him and especially for those damages being a result of his violation of the contract or infringement of the General conditions. The passenger shall bear the expenses of such damage caused by him immediately on spot or at some other place determined by natural or legal person who had suffered the damage.
Concluding provisions
These General conditions make an integral part of the Contract the passenger had concluded with the ship Borna. Any possible departure from these conditions should be clearly stated in paper accompanying the program/package text. Through advanced payment the passenger accepts the program/package and trip conditions to the whole.