1.General terms
These General Terms and Conditions govern the mutual relations between:
· Secret Paradise, online travel agency, Put Zagoraca 36, Kaštel Novi, OIB: 62866925326 as a tour organizer or an authorized agent (hereinafter referred to as The Agency) and
· a passenger (hereinafter referred to as “The Traveler”) in connection with the organization of a trip.
By booking or paying any of our services or any other service agreed with The Agency, you confirm your understanding and consent to the General Terms and Conditions.
When providing Secret Paradise excursion services, the travel agency performs:
· as an organizer – the tour organizer is clearly indicated on the Certificate of Trip Purchase (ticket/invoice) as the responsible organizer
· as an intermediary who sells or offers for sale excursions of another organizer – If a tour operator or a direct service provider different from The Agency as the tour organizer, The Agency acts as an authorized intermediary. A travel agency is considered to be a travel agency for which a trip is payable.
2. The Agency responsibilities
The Agency provides the excursion service according to the information published on our web site, valid on the day of booking confirmation, all according to the description and date in accordance with the confirmed reservation. The Agency is due to accept all responsibilities about providing the excursion except in case of force majeure such as illness or death, extraordinary circumstances that cannot be foreseen or eliminated (natural disasters, restrictions issued by the state, etc.). All of our tours are held outdoors, therefore affected by weather and traffic conditions, situation on premises and all other unforeseen circumstances and as such the tour guides may adjust the itinerary to optimize your experience.
The duty of the agency is to take care of the implementation of services as well as the choice of service providers, and to take care of the rights and interests of passengers, in accordance with good customs in tourism.
Customers are provided with invoices that include VAT according to the Croatian law. Agency ensures safety, security and privacy of all information and purchases from Customers through our website or one of our partner companies. Customers data is secured and managed by The Agency. Any information submitted by the buyer will be used solely for the purpose of completing the transaction, delivering the product, informing of new product releases and addressing any customer service issues.
3. Reservation and payment
All our services (Excursions, boats for rentals, accommodation rental etc.) are presented on one our website with detailed descriptions, itineraries and photographs. Every published excursion contains tabs with all program details including available dates and prices. Additional information for any other tourist service for which the agency is registered can be requested by e-mail info@secret-paradise.agency or secret.paradise.agency@gmail.com or the agency phone number +385981926746.
Inquiries and reservations for excursions, boat rentals and accommodation can be received by e-mail and by telephone, in writing or in person at the agency’s office or at the agencies which are our contracted partners. During the process of confirming your booking, the Online Booking Policy will appear and you will be required to confirm acceptance of these General Terms and Conditions before proceeding as well as giving some of your personal information. All your personal information is protected under the Data Protection Act (https://www.zakon.hr/z/1021/Op%C4%87a-uredba-o-za%C5%A1titi-podataka—Uredba-%28EU%29-2016-679). You will be automatically connected to the server of payment gateway provider.
20% – 50 % of deposit is required for all bookings upon confirmation to secure your booking, otherwise your reservation may be automatically cancelled. Payment of a deposit enables us to hold a reservation for you but does not guarantee the price. The price can only be guaranteed once we receive full payment and other travel documents have been issued. Customer will receive Agency bank account information by e-mail and will have some specified time to make the payment and to send us payment confirmation (scanned on our e-mail address). The full price of the trip is required to be paid at least 48 hours before the departure date. We will advise you of the date that full payment is required. Certain products may have different payment requirements and these will either be stated in the brochure or advised at time of booking.
Agency will draw Croatian currency (HRK) from your credit card. The Credit Card Company or Bank will convert this amount to the currency of your credit card account. Please mind that prices stated on our websites in EUR are only approximate and used for Customer’s easier understanding. As a result of this conversion there is a possibility of a slight difference from the original price stated on our website.
Upon receiving the payment, Agency will send to Customer the confirmation (Voucher) and all the details regarding the tour via e-mail. By paying the entire amount of the trip, the Traveler enters into an Excursion Agreement with the Agency, and accepts the excursion program and general conditions.
4. The Content of the excursion
The content of the excursion makes everything stated in the excursion program. Some special and additional services (transfers, extra meals, tickets, tips, etc.) that are not included in the published price of the excursion may be provided by the Agency and included in the Agreement, but the Traveler will pay it separately. If some service (or requested service) is not part of our service and the service is not specified in the program, the Agency will inform the Traveler of the additional cost prior to the conclusion of the Contract. For special and additional services that the Agency cannot provide and include in the Agreement and those requested by the Traveler during the trip and pay on the spot with the immediate service provider, the Agency will not be responsible as the organizer.
5. Promotional materials and notices
The Agency is not responsible for possible errors in the press nor for any subsequent changes in the new editions of promotional materials and programs that have distracted the Traveler prior to the conclusion of the Contract. In accordance to the regulations, point-of-sale workers are obliged to make available to the Traveler any promotional material and General Terms and Conditions of excursion in written or electronic form, notification of basic border formalities and other formalities regarding traveling and staying in the destination, as well as the time required to fulfill those formalities. Notices received by the Traveler at the place of registration do not oblige the Agency to a greater extent than the notifications and information provided in the excursion program itself.
The Agency is not responsible in case of changes in regulations related to border and other formalities performed in the days before departure.
6. Traveler´s obligations and responsibilities – Responsibility for personal documents and personal safety of passengers
6.1. Traveler´s responsibility for personal documents The Traveler who joins our tours to other countries (e.g. Slovenia, Bosnia and Herzegovina or Montenegro), including the tour to Dubrovnik, must possess a valid travel document and necessary visas or permits at the commencement of the tour. All such documentation is the sole responsibility of the Traveler. The Agency accepts no responsibility or liability whatsoever for the failure of clients to obtain appropriate documentation. No refund will be granted in case of lack or loss of ID documents. The Agency is not responsible for the decisions of officials who deny the Passenger transportation, refuses to issue the visa or does not allow entry into the country, nor for the costs incurred for that purpose. If, for the reasons stated above, the trip is canceled before or during the trip, the Agency reserves the right to collect damages as defined in these General Terms and Conditions.
The Costs of loss or theft of documents during the trip are covered by the Traveler. If the mentioned issue does not affect the realization of the excursion program and does not create an additional cost to the Agency, the Agency’s representative (Tourist Companion or Guide) can provide personal assistance to the Traveler in formalities related to contacts with local authorities, Croatian diplomatic consular missions, healthcare institutions, etc. In all other cases, the Traveler shall be liable for such formalities at his or her own expense. If the Traveler is not able to continue the trip because of mentioned issues, the Agency will consider the cancellation of the trip as a result of such formalities. Costs and any damages that a Traveler may suffer on this basis cannot charge the Agency.
6.2. Other responsibilities and responsibility for personal safety The Traveler is due to cooperate with service providers in good faith. Upon arrival at the destination, the traveler is due to submit a document of paid service to the service provider (Voucher received by e-mail).
Besides the travel program, the Traveler is obliged to obey to the house rules in catering and transport facilities and to cooperate with a representative of the Agency. In case of non-compliance with these obligations, the Agency shall not be liable for any damages incurred and the Traveler is due to pay the damage at the place of the event. The Traveler is obliged to observe the rules of personal safety during the trip, which would be used by every average person. The Costs of loss or theft of documents during the trip are covered by the Traveler.
The traveler is obliged to inform the Agency in due time of all facts regarding his / her health, habits, etc. that could endanger the trip (health problems requiring special nutrition, chronic illnesses, allergies etc.). The Traveler must inform The Agency in writing of any medical condition that requires attention or medication before your tour commences. This in particular regarding Customers who join tours which include a lot of walking on uneven surface and require one’s good physical condition.
Customers are obligated to read information and advices about the tour they participate in and to dress according to weather conditions. Agency denies any liability in that case.
During the tour, your tour guide may take photographs and video films of you (as part of a group) while you are a passenger and these may be used in our brochures, advertising and publicity material and/or social networks with Customers consent.
7. Itinerary
The itinerary program equally binds the Traveler and the Agency. Time of departure specified in the excursion program Passenger must comply with the instructions and information provided by the Agency representative (tourist escorts or guides), regarding the realization of the itinerary. If the Traveler is disconnected from the group prior to receiving the appropriate notice of the time and place of the reunion of the group and the continuation of the journey, the costs and any damage that may be suffered cannot be charged to the Agency. The Agency reserves the right to continue the journey and without the Passenger who does not appear in time at the point of departure or continuation of the journey, and the Passenger’s unavailability shall be deemed to be the cancellation of the excursion.
The Agency is not responsible if any activities and facilities that depend on weather and natural conditions cannot be carried out in accordance with the Travel Program or the Traveler’s expectations due to unfavorable weather.
The Agency is not responsible for any inconvenience due to weather conditions (turbulent sea, heavy rainfall, etc.) to the inability to carry out all the contents according to the excursion program, to the change in the order or duration of certain contents.
8. Trip Prices
The excursion prices are published in the excursion program and are valid from the date of the program. The Agency reserves the right to change the price no later than 7 days before the start of the trip if there are any changes in the applicable tax regulations, currency exchange rate changes, increased transportation costs, including fuel costs or increased fees for certain services (air and other ports etc.) that affect the price of the excursion.
In order to realize a group tour, a minimum number of people is required. In case of a smaller number of people than required, the Agency may propose a change of price or cancel the excursion. In case of tour cancellation, the Traveler will be given full refund of money he paid for the excursion. The increase in the price is calculated in the same percentage as the changes in the calculation elements mentioned above. In case of an increase in the price, the Traveler has the right to terminate the excursion contract, and in that case the Traveler is entitled to a refund of the paid price without the right to compensation for damage and any costs of insurance and similar expenses.
9. Travel cancellation by Secret Paradise agency or changes of the program The Agency will inform the Traveler without delay of any change of the excursion program.
The Agency may cancel the excursion or change the program at any time before the start or during the trip due to extraordinary circumstances that cannot be prevented, avoided or eliminated (war, disorder, strike, terrorist action, sanitary disorders, sudden and unusual traffic stops, government intervention, sudden changes in timetables, delays in aircraft and other means of transport, weather incidents etc.). The Agency reserves the right to change the day and hour of departure due to a change in the timetable or occurrence of the above-mentioned circumstances, as well as the right to change the direction of travel due to changed circumstances, without compensation for the Traveler and the applicable travel regulations. The Agency is not responsible for delays in the aircraft, ship or train as well as for changes to the program and the costs incurred due to such delays.
The Agency reserves the right to cancel the excursion in whole or in part if it does not conclude excursion contracts for the minimum number of Travelers specified in the program. In these cases, the Traveler is entitled to a refund of the price paid up to then, without the right to compensation for damages and any costs of insurance and similar expenses.
In case of cancellation, the Agency may offer to the Traveler alternative day of departure or another excursion. The Traveler needs without delay indicate whether he accepts or refuses the modified or alternate excursion in writing. If the Traveler refuses to make changes and replaces or does not agree with the Agency’s offer, then the Contract is terminated and the Traveler is entitled to a refund of price paid up to then without the right to compensation and any costs of insurance and similar charges. In case of accepting an amended contract or substitute excursion, the Traveler has no claims against the travel organizer or agent on any legal basis except the right to refund the part of the price if the replacement trip has a lower price.
10. Cancellation made by the Traveler, passenger replacement and refunds
We are sorry if you have to make a cancellation decision, but we are aware that there are many reasons that this can happen. In the event of cancellation, we will refund all payments made to the Agency (in case any cancellation fee if applicable) within 14 days of our receipt of your written cancellation request.
In case the Traveler wants to change or cancel the reservation made on his request, he must do so in writing (by e-mail, post). A change is considered to be a change in the number of persons or the name of the service user or the date of the beginning and / or end of the use of the service no later than 3 days before the beginning of the service. If possible, changes of the reservation will be made free of charge. In the event that a change of reservation is not possible, and if the traveler therefore cancels the confirmed reservation, the following conditions of cancellation apply. In case of cancellation of a fixed confirmed reservation, the date of receipt of the written cancellation during the working hours of the agency is the basis for the calculation of cancellation costs. In case of receipt of a written cancellation outside working hours, the next working day of the Agency shall be taken as the date of cancellation.
If the Traveler is prevented from commencing a voyage, he may designate a third party as a substitute passenger to use the services contracted instead and shall promptly notify the Agency in writing. The Agency will accept a third person named as a replacement passenger if it is timely notified if a third party meets all the conditions for a trip if there are no statutory or other prescribed obstacles preventing the replacement of passengers and if it is possible to make a reservation change. Before the commencement of a trip, the replacement traveler or Traveler is obliged to compensate the Agency for any additional costs caused by the replacement of the passenger.
The cancellation fee will be calculated as follows:
10.a. Cancelling of GROUP TOURS
· For a reservation cancelled 48 hours or more before the departure time, full refund will be provided.
· For a reservation cancelled from 48 – 12 hours before the departure time – payment will be refunded in amount of 50%
· In case of cancellations made less than 12 hours before the departure time, no-show or late arrival for your excursion, no refund will be given.
10.b. Cancelling of PRIVATE TOURS
· For a reservation cancelled 7 or more days prior to departure – full refund will be provided;
· For a reservation cancelled from 7 to 5 days prior to departure – payment will be refunded in amount of 50%
· For a reservation cancelled from 5 to 2 days prior to departure – payment will be refunded in amount of 30%
· For a reservation cancelled less than 2 days (48 hours) before the departure time, no-show or late arrival for your excursion, no refund will be given.
10.c. Cancelling of ACCOMMODATION
For cancellations of private accommodation services, the cancellation charges are as follows:
· for a reservation cancelled up to 30 days prior to the scheduled beginning of the service there are no cancellation costs.
· for a reservation cancelled from 29 to 15 days prior to the beginning date of the service 70% of the total amount of the reservation will be charged (30% of the total payment will be refunded)
· for a reservation cancelled from 14 to 0 days prior to the beginning date of the service 100% of the total amount of the reservation will be charged.
· If the Passenger does not arrive to the destination or cancels the service of the accommodation after it began, 100% of the total amount of the reservation will be charged
*For every cancelled accommodation reservation, the Agency charges a fee of 25 Euro for handling expenses except for situations described under the first section of these cancellation terms.
For cancellation of villas or holiday houses, the cancellation charges are as follows:
· for a reservation cancelled up to 45 days prior to the beginning date of the service there are no cancellation costs.
· for a reservation cancelled from 44 – 30 days prior to the beginning date of the service, 70% of the total amount of the reservation will be charged (30% of the total payment will be refunded)
· for a reservation cancelled 29 days prior to the beginning date of the service 100% of the total amount of the reservation will be charged
11. Liability
Every Agency’s tour includes Tourist Accident/Casualty Insurance provided free of charge and it is a part of our package. We still highly recommend that you purchase full coverage travel insurance from your country of origin.
Food is not included in any of our tours. However, our tour guides will suggest some restaurants, café bars or some autochthon dishes in some destinations. Agency denies any liability for food consumption consequence.
Under no circumstances the Agency can be responsible for weather conditions.
Pets are not allowed except in exceptional cases upon request and at an additional cost. The Agency cannot guarantee the fulfillment of such an application.
11.1. Luggage liability
The Agency is not responsible for lost, damaged or stolen luggage or personal belongings during the tour or some other service provided by the Agency. The Traveler is obliged to take care of his/her belongings in the passenger carriage or accommodation (bus, boat, van, vehicle, etc.). The Traveler is due to take his/her luggage and personal belongings with him/her when leaving the vehicle. Otherwise, the Traveler is liable for theft, loss or damage of the items left in the carriage of the means of transport without their supervision. Lost or stolen luggage is to be reported to the relevant police station.
11.2. Security damage deposit
Information about security damage deposit that each accommodation unit requires is either stated on our website following the information about the accommodation unit or it will be provided to you during our communication via email and finally written in your voucher. This deposit should be given to the accommodation owner / host upon arrival. All necessary information about terms of security deposit payment will be provided before your arrival.
Security damage deposit covers any damage caused to the accommodation unit. All guests at the accommodation unit are responsible for any damages done to the accommodation unit, its content and equipment, staff and third persons, during their stay. The guests are obliged to cover the entire amount of the damages, which will be specified by the accommodation unit owner / host. The amount of compensation will be deducted from the security deposit. If the amount of damages is higher than that of the security deposit, the guest is obliged to reimburse to the accommodation unit owner / host full compensation for the incurred damages.
12. Complaints
If the customer is not satisfied with the accommodation, equipment or services, he/she is due to immediately contact the staff of the Agency (trip leader/Agency representative) in order to find an alternative as soon as possible. The Traveler is obliged to follow the provider´s instructions and cooperate with the Agency or accommodation representative to remove the cause of the complaint from the place of service. Requests for refund will not be considered valid if the Agency is not informed about the problem on time in writing. The complaints in writing can be submitted via e-mail: info@secret-paradise.agency.
In the event of non-fulfillment or improper fulfillment of the services of a contracted excursion organized by Agency, the Traveler may initiate a complaint procedure prescribed by these General Terms and Conditions in order to remove the detected irregularities. Immediately after the perceived failure at the point of delivery of the service, the Traveler is obliged to lodge a complaint for inadequate service to the person who provided the service in the presence of the Agency’s representative. The traveler is obligated to cooperate with the representative of the Agency and the service provider in good faith in order to remove the causes of the complaint. If the Traveler does not accept the solicitation of a complaint that is in conformity with the contracted service offered at the place itself, the Agency shall not be required to accept the subsequent Traveler’s objection. Upon returning from the trip no later than 8 days, the Traveler submits a written objection to the place of sale to which he has paid for the excursion. The traveler is obliged to state the complaint to explain and present. The Agency will only deal with fully documented complaints received within the above-mentioned time period of 8 days and make a written decision on the Traveler’s complaint within 15 days of receipt of the complaint from the point of sale. The Agency may postpone the deadline for solving the complaint for another 15 days for the purpose of collecting information and verifying the complaint of the service provider. Until the Agency makes a decision and within a maximum of 30 days of the written complaint, the Traveler shall waive the mediation of any other institution or judicial institution and shall waive the provision of information to the public and the media. Likewise, in the stated period of 30 days the Traveler is waived on the lawsuit. A reasonable reduction in the cost per complaint may reach the amount of the unused portion of the service, and compensation for damage caused by non-fulfillment, partial fulfillment or improper fulfillment of the obligation is limited to the amount of the excursion price. This excludes the Traveler’s right to compensation for actual damage. Each customer complaint is submitted separately. The organizer reserves the right to reject group complaints, complaints that are not received within the deadline, and those found to cause the cause to be removed at the place of service, and the passenger did not cooperate with the organizer’s representative.
12.1. Complaint on accommodation
Some of our offered accommodation units are located within rural or isolated and private locations. For some of them, it will be possible to arrive only by boat. Some accommodation units are located on gravel roads and are possibly hard to reach, so please read the description of every accommodation unit on our web site thoroughly. It is recommended that you mention to our booking department that you would want to know in advance about the kind of road is leading to the accommodation unit and all other aspects of the location before making the reservation. Subsequent complaints will not be accepted.
If the traveler is not satisfied with the accommodation, he is obliged to inform the Agency without delay in order to find an alternative as soon as possible, to eliminate the cause of dissatisfaction or to find alternative accommodation. If the Traveler doesn’t inform the Agency about the issue, such traveler cannot submit a request for a complaint or a refund, regardless of the justification of his complaint. If the passenger accepts the alternative solution, a subsequent complaint is not possible nor is the Agency obliged to consider it. If the problem is not eliminated even after the Agency’s intervention, no later than 8 days after the deficiency, the Traveler submits a written complaint to the Agency together with the accompanying documentation – attached photos and documents serve as the basis for the complaint.
All other conditions for complaints listed in the Complaints section also apply to complaints about accommodation.
13. Excursion organized by other organizers / tour operators
For all excursions where the Agency is the main organizer, applies these General Terms, except where the Agency is an intermediary or not the main organizer of the excursion. Such excursions will be specifically marked and the general conditions of the responsible organizer are applied to them and the Agency is not responsible for the excursion of other organizers.
14. Final provisions
This edition of the General Terms excludes all previous releases. Possible / anticipated deviations from these General Terms and Conditions must be listed in the excursion texts text.
By purchasing a trip, a Traveler who is a parent of a minor child – a traveler confirms that another parent is familiar and explicitly in agreement with the Excursion Agreement, for what is materially and criminally responsible. Parties undertake to resolve any disputable cases by agreement. If this is not possible, in the case of a dispute the court in Trogir is competent and Croatian law applies.
In Kaštel Novi, 15.04.2022.
Secret Paradise, online travel agency, Put Zagoraca 36, Kaštel Novi, OIB: 62866925326, MBO: 98387731
