GENERAL TERMS AND CONDITIONS Goolets Adriatic d.o.o. (Ltd.)
| I. GENERAL PROVISIONS
Article 1 (1) These General Terms and Conditions of Business and Travel (hereinafter: the General Terms and Conditions) govern the relationship between Goolets Adriatic d.o.o., Poljička cesta 39, 21 000 Split, Croatia, OIB: 46663449909, registered with the Commercial Court in Split under registration number (MBS) 060510585, (hereinafter: the Company, the Agency or Goolets Adriatic), and the service user – the traveller / client (hereinafter: the Traveller), or the contracting party in cases where one person enters into a travel contract for the benefit of a third person as the traveller. (2) These General Terms and Conditions form an integral part of every offer, booking confirmation, package travel contract, linked travel arrangement contract, DMC services contract, as well as any individual service order accepted by the Traveller (in writing, by email, via an online form, by payment, or otherwise in an unequivocal manner). (3) In the event of any inconsistency between these General Terms and Conditions and the explicit provisions of an individual contract / travel programme / offer, the provisions of the contract / programme / offer shall prevail. |
| Article 2
For the purposes of these General Terms and Conditions, the following terms shall have the meanings set out below:
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| Article 3
(1) These General Terms and Conditions apply to:
(2) With respect to yacht charter services, the Company may act as a local DMC partner, intermediary or provider of shore-based services, while the yacht hire contract and the relevant general terms are typically governed separately, which shall apply as lex specialis to the charter part of the arrangement. (3) In relation to B2B partners (e.g., brokers, charter companies, vessel owners), these General Terms and Conditions shall apply unless otherwise agreed in a written contract. |
| II. OFFER, BOOKING AND CONTRACT
Article 4 (1) The Company’s offer may be individual (prepared upon request) or published in the form of a travel programme, brochure, presentation on the website, or through another medium. (2) Service descriptions are based on information available at the time the offer is prepared, and minor deviations may occur due to the nature of the destination (e.g., changes in opening hours, seasonal menu changes, weather conditions, maritime regulations, decisions of port authorities, etc.). |
| Article 5
(1) A contract between the Traveller and the Company shall be deemed concluded when the Traveller accepts the offer in writing (email, signature, electronic signature or online form) and/or pays the deposit or the full amount, in accordance with the terms of the offer. (2) The Company shall provide the Traveller, without undue delay, with confirmation of the concluded contract and the applicable General Terms and Conditions on a durable medium (email, PDF, etc.). (3) When making a booking, the Traveller is required to provide accurate and complete information (name and surname, date of birth where required, contact details, and other information necessary for the performance of the service). The Company shall not be liable for consequences arising from inaccurate or incomplete information. |
| III. COMPANY SERVICES
Article 6 (1) The Company may provide the following types of services:
(2) For each service or combination of services, these General Terms and Conditions apply unless expressly agreed otherwise for a specific service. |
| Article 7
(1) The Company may act as:
(2) When the Company acts as an intermediary, liability for the proper performance of the service lies with the actual service provider (e.g., hotel, vessel operator, charter company), except to the extent the Company is liable for its intermediary role and for providing information to the Traveller. |
| IV. PRICES, PAYMENT AND FINANCIAL TERMS
Article 8 (1) Service prices are expressed in euros (EUR), unless stated otherwise. (2) The price includes those services explicitly listed in the offer/programme/contract under “price includes”. (3) Anything not expressly stated as included shall be deemed a service subject to additional charge. (4) The Company operates on a cashless basis only. Payments to the Company shall be made exclusively through permitted cashless payment methods, unless expressly agreed otherwise in writing for a specific case. |
| Article 9
(1) Upon confirmation of the booking, the Traveller is required to pay a deposit in the percentage stated in the offer (most commonly 30–50% of the total price), while the remaining balance shall be paid no later than the deadline stated in the offer/contract. (2) For services with a short lead time or for “last minute” bookings, the Company may require 100% payment immediately. (3) In the event of late payment, the Company reserves the right to cancel the booking and apply the cancellation fee provisions. (4) Permitted payment methods include in particular: bank transfer to the Company’s account, card payment, payment link, online payment gateway, virtual POS, and other cashless methods approved by the Company and specified in the offer, invoice or payment instructions. (5) The Company does not accept cash payments for its services unless exceptionally approved by the Company in advance and in writing. In the absence of such written approval, every offer, booking and contract shall be deemed agreed on a cashless basis. (6) A payment obligation towards the Company shall be deemed duly fulfilled only when the funds are credited to the Company’s account or when the Company receives confirmation of a successfully authorised cashless transaction, depending on the payment method used. |
| Article 10
(1) Prices are subject to value added tax (VAT) and/or the special travel agencies’ taxation scheme (TOMS), in accordance with applicable tax regulations. (2) Tourist tax, port fees, national park fees and similar charges may be included in the price or payable separately, as stated in the offer. If certain costs are payable on site, such payment may be made directly to the actual service provider or competent authority and not necessarily to the Company. The payment method for such charges depends on the rules of the actual service provider or competent authority. |
| V. CHANGES AND CANCELLATION
Article 11 (1) The Traveller may request a change of booking (traveller name, date, service type, number of persons, etc.) if the change is possible without disproportionate costs. (2) The Company may charge an administrative fee for booking changes in accordance with the applicable price list, plus any price difference according to the actual service provider’s terms. |
| Article 12
(1) The Traveller may cancel the trip/service at any time in writing. (2) Unless otherwise specified by special terms or the travel programme, the following general cancellation fees apply to one-day and shorter local services (excursions, day trips, etc.):
(3) For multi-day package travel, more complex programmes and yacht/gulet charter arrangements, special cancellation terms stated in the offer, travel programme or charter contract shall apply and shall prevail over this general rule. |
| Article 13
(1) The Company reserves the right to change the programme, departure times, order of visits, service provider, or other elements where necessary due to objective circumstances (force majeure, safety reasons, decisions of harbour/port authorities, weather conditions, insufficient number of travellers, etc.). (2) The Company may cancel the arrangement if the minimum number of travellers is not reached, with the obligation to refund amounts paid by the Traveller within the statutory deadline. (3) In case of a material change to the programme, the Company shall inform the Traveller without delay and offer:
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| VI. SPECIAL PROVISIONS FOR SEA-BASED AND NAUTICAL SERVICES
Article 14 (1) Arrangements including a stay on a yacht, vessel or other craft may be subject to changes in route, anchorage and schedule due to weather conditions, safety reasons, decisions of the captain, or decisions of competent authorities (harbour master’s office, marina, police, customs, etc.). (2) The captain of the vessel/yacht has final authority regarding navigation safety, route and berthing, and the Traveller accepts such decisions as binding. (3) Tender services, jet skis, water sports and similar activities may require specific licences or qualifications by the Traveller under local regulations; the Company shall not be liable if the Traveller does not meet such requirements (e.g., a licence to operate a personal watercraft). (4) Where certain costs in a charter arrangement are settled through the APA, through the captain, the vessel, the charter company or another actual service provider, such payments shall not necessarily be deemed payments to the Company unless expressly stated otherwise in the offer or contract. (5) The Company shall not be liable for the method of payment required by the charter company, captain, marina, port, restaurant, club, national park or any other third-party service provider, except to the extent that the Company has expressly undertaken the organisation and collection of payment for such service. |
| Article 15
(1) In yacht charter arrangements, many costs (fuel, ports, berths/moorings, food and beverages, special services, extraordinary transfers, special orders) are in practice covered by the APA (Advance Provisioning Allowance) or are charged additionally according to actual consumption, as defined in the charter contract and the organiser/charter company’s general terms. (2) Upon the Traveller’s request, the Company will assist in interpreting the APA terms; however, the Company shall not be liable for the management of the APA by the captain or vessel owner, unless otherwise expressly agreed. |
| VII. TRAVELLER’S RIGHTS AND OBLIGATIONS
Article 16 (1) The Traveller is obliged to:
(2) The Traveller shall be liable for any damage caused by the Traveller’s fault to the Company, hotel, carrier, vessel, equipment or third parties. |
| VIII. COMPANY RIGHTS AND LIABILITY
Article 17 (1) The Company is liable for the proper performance of travel services agreed under these General Terms and Conditions, except where:
(2) For package travel, the Company’s liability is governed by the Act on the Provision of Services in Tourism, with any contractually agreed limitation of liability up to the maximum permitted by law (e.g., up to a maximum of three times the package price paid per traveller). |
| IX. COMPLAINTS AND CONSUMER CLAIMS
Article 18 (1) The Traveller must report any irregularity or deficiency in the performance of the service immediately on-site to the Company’s representative, guide, captain or the service provider in order to allow immediate remedy. (2) If the irregularity is not remedied, the Traveller may submit a written complaint/record on-site, which may also be signed by the Company’s representative or partner where possible. |
| Article 19
(1) The Traveller may submit a written complaint within the deadline prescribed by the Act on the Provision of Services in Tourism, i.e., within a reasonable period after completion of the service, to the Company’s address or by email indicated in the consumer information. (2) In accordance with the Croatian Consumer Protection Act, the Company is obliged to respond to a written complaint within 15 days of receipt, clearly stating whether the complaint is accepted as justified. (3) The Company shall keep records of written consumer complaints on a durable medium in accordance with applicable regulations. |
| X. INSURANCE, GUARANTEE AND INSOLVENCY
Article 20 (1) As an organiser of package travel, the Company holds an insolvency protection guarantee (for cases of insolvency or inability to pay) as well as liability insurance for damage caused to the Traveller due to non-performance, partial performance or improper performance of obligations, in accordance with the Act on the Provision of Services in Tourism. (2) Information about the guarantee insurer, the amount and the procedure for activation of the guarantee is stated in the travel programme and/or on the Company’s website. (3) The Traveller is recommended to obtain travel insurance (cancellation insurance, medical expenses, accident, baggage, etc.) from an insurer of the Traveller’s choice. |
| XI. PERSONAL DATA PROTECTION
Article 21 (1) The Company processes the Traveller’s personal data for the purposes of:
(2) Data processing is carried out in accordance with the General Data Protection Regulation (GDPR) and national regulations. (3) More detailed information on personal data processing is provided in the Company’s separate Privacy Policy, available on the Company’s website and/or upon the Traveller’s request. |
| XII. FINAL PROVISIONS
Article 22 (1) These General Terms and Conditions and all contracts concluded between the Traveller and the Company shall be governed by the laws of the Republic of Croatia. (2) For disputes that cannot be resolved amicably, the competent court according to the Company’s registered seat in the Republic of Croatia shall have jurisdiction, unless mandatory rules prescribe otherwise. |
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Article 23
(1) These General Terms and Conditions are drawn up in Croatian and English. (2) In the event of any discrepancy between the Croatian version and translations into other languages, the Croatian version shall prevail. |
| Article 24
(1) These General Terms and Conditions enter into force on the date of adoption and apply to all contracts concluded after that date. (2) The General Terms and Conditions are published on the Company’s website and are available at the Company’s business premises. |
