Waiver of Liability and Terms of Service

By using our website (https://atours.hr) you agree to the following disclaimer and terms.

Our Waiver of Liability, Terms of Service and Privacy Policy regulate the relations between:

  • A TOURS, turistička agencija i usluge u turizmu, vl. Marija Škalabrin, Podvrh 40, 22212 Tribunj, OIB: 33451626166 as an excursion organizer or authorized intermediary (further on: A TOURS).

  • Traveler. i.e. customer in case where the customer enters into a contract for the benefit of a third party as a traveler (further on: Traveler).

Excursion means a combination of at least two individual services for the same travel, consisting of transport or other tourist and catering services, and lasts for less than 24 hours and does not include overnight stays.

Waiver of Liability

A TOURS, tourist agency and tourism services, owned by Marija Škalabrin, Podvrh 40, 22212 Tribunj, OIB 33451626166 (A TOURS) offers services of daily boat tours in accordance with all the legal regulations of the Republic of Croatia. A TOURS will ensure that the Traveler’s time aboard is safe and pleasant. However, A TOURS waives all liability regarding unwanted events caused by Travelers” misconduct or lack of attention.

Participation in daily boat tour is voluntary and a Traveler’s choice. A TOURS will not have liability regarding any kind of inconveniences, injuries, property damage, loss etc. which may be caused by Traveler’s misconduct or carelessness.

By buying a ticket, all Travelers confirm that they are of adequate health and capacity to join the trip. Moreover, by buying ticket Travelers acknowledge to have read and agree to this Waiver of Liability and Terms of Service and the Privacy Policy of A TOURS.

All Travelers on-board are insured with the basic insurance of A TOURS for damage to third parties. Accident insurance for any situation caused by travelers’ negligence or misconduct is not covered by this insurance policy and A TOURS does not take responsibility for such instances.

All minors (age 18 or less) must be accompanied by parents or responsible adults who should take full responsibility for care of youth and children during their time on-board and agree to this disclaimer on minors behalf.

It is recommended that all the minors and non-swimmers wear life vests at all times during the trip.

All travelers aboard are OBLIGED to follow instructions given by crew and the skipper. The skipper’s decisions are final.

Travelers renounce any responsibility of A TOURS for any kind of direct or indirect damage, material or non-material and/or expenses (including the expenses of procedure) that may come out and/or may be caused by travelers’ misconduct.

By buying a ticket, travelers confirm that they are aware of this Waiver of Liability and accept it as non-disputable.

This Waiver of Liability is relevant for all tours by A TOURS purchased after 21st June, 2022.

Terms of Service

1. Contracting, Paying and Excursion Price

Upon payment of the price of the excursion or part of the price, while providing the necessary information to A TOURS by e-mail, mail or via the Internet, the Traveler agrees with the A TOURS Excursion Agreement made by the Confirmation of Purchase (invoice and/or voucher), the excursion program and the Terms of srvice and Privacy Policy for excursions with the acceptance of the terms contained in the mentioned documents.

Cost of the excursion

All prices on our website are in Euros (Eur) and include VAT.

In the excursion program in the “inclusions” section you can find all the contents of the excursion, i.e. the cost of the excursion. The price of the excursion does not include special services and hence the Traveler specifically pays for those.

Obligatory information

By purchasing a trip, the Traveler acknowledges that A TOURS made available to him prior to the conclusion of the contract the following information:

  • about the excursion cost,
  • destination,
  • on the means of transport,
  • a plan of excursion,
  • way of payment,
  • the minimum number of passengers required to organize a excursion and the time limit for the Traveler to be informed about the cancellation of the excursion if no sufficient number of passengers has been reported for the excursion.

2. Classification and Description of services

The services are described according to the official classification of the local tourist organization or other competent authority at the time of the program issuing. 

Itinerary

The itinerary is equally binding for the Traveler and A TOURS. Time of departure specified in the itinerary Traveler must abide by the instructions and information that he or she receives in connection with the realization of the program orally by the tour leader or tour guide during the excursion. If the Traveler separates from the group before receiving the appropriate notice of the time and place of the reunion of the group and the continuation of the excursion, A TOURS can not be charged for the costs and any damage the Traveler may suffer.

A TOURS reserves the right to continue the excursion without a Traveler who does not appear on time at the place of departure or continuation of the excursion, and Traveler’s absence shall be considered as his/her cancellation of the excursion. If certain activities that depend on weather and natural occurrences can not be realized in accordance with the Itinerary or Travelers’ expectations, A TOURS assumes no liability. A TOURS reserves the right to make changes to the Itinerary due to unavoidable conditions.

3. Itinerary Modifications and Excursion Cancellations

Changes to the itinerary

A TOURS will inform the Traveler without delay about any changes to the excursion itinerary. In case of any unforeseen circumstances (war, disorder, sudden and unusual traffic stoppages, government intervention, sudden changes in timetables, delays in means of transport, weather incidents etc), A TOURS may cancel the excursion or make changes to the itinerary at any time, prior to the start or during the excursion.

Excursion cancellation

A TOURS may cancel the excursion in whole or in part if minimum number of Travelers specified in the itinerary is not met. In this case, the Traveler is entitled to a refund of the price paid up to then, without the right to compensation for damage and any costs of insurance and similar charges. The Traveler will be notified about cancellation no later than 24 hours before the start of the excursion. In case of cancellation of the excursion, A TOURS may offer to the Traveler the second day of departure or another excursion.

Without delay, the traveler must declare in writing that he accepts or refuses the modified or alternate excursion. If the Traveler refuses to make changes or substitutes or disagrees with A TOURS offer, then the Contract is terminated and the Traveler is entitled to a refund of paid price without the right to compensation for damages and any costs of insurance and similar charges. In the event of acceptance of the amended contract or substitute excursion the Traveler has no claims against the excursion organizer or intermediary on any legal basis, except the right to refund a part of the price, if the substitute excursion has a lower price.

4. Cancellation policy and refunds

If a Traveler wants to cancel a trip he has to do it in writing. The date of receipt of the written cancellation is the basis for calculating the cancellation costs.

If the Traveler cancels the excursion, A TOURS will keep the following excursion price percentage as damage compensation (if not stated otherwise in the itinerary):

  • 0-3 days before the departure – 100 % of the excursion price

Travelers who do not arrive at the time of departure indicated in the itinerary or in the written instructions received from A TOURS, are not entitled to the refund of the paid price. If the Traveler does not show or cancels the excursion during its duration of excursion A TOURS will charge 100% of the excursion price.

Complete refund

A TOURS may cancel the excursion latest 24 hours before departure for reasons that are not exceptional circumstances (that can not be prevented, avoided or eliminated). In this case the Traveler is entitled to a refund of 100% of the price of the excursion unless otherwise stated in the itinerary. If A TOURS cancels the excursion due to the occurrence of circumstances that are exceptional circumstances that can not be prevented, avoided or eliminated, it can also be done at any time and then the Traveler is also entitled to a refund of 100% of the price of the excursion unless otherwise stated in the itinerary.

If A TOURS cancels a trip or modify the excursion itinerary for any reason, the Traveler will not be entitled to any refunds, damages, insurance compensation fee, and similar fees other than those expressly provided herein.

5. Identity Documents and Personal Safety of Traveler

Documents

The Traveler is required when departing on a excursion to possess a document of purchase of excursion (voucher or invoice).

Personal safety

The Traveler is obliged to observe the rules of personal safety during the journey, which would be used by every average person.

A TOURS is not responsible for the Passenger’s actions regarding his personal liability. Costs of loss or theft of documents during the excursion are to be covered by the Traveler.

6. Subtitution of Traveler

If the Traveler is prevented from commencing the excursion, then he may appoint a third party as a substitute traveler to use the agreed services instead of the Traveler. In this Traveler shall promptly notify A TOURS in writing. A TOURS will accept a third party named as a Substitution of Traveler if A TOURS is notified in due time and third party meets all the conditions for taking the excursion, if there are no statutory or other prescribed obstacles preventing substitution of the Traveler and if it is possible to make a reservation change. 
Before the beginning of the excursion, the Substitute Traveler or Traveler is obliged to pay all the additional costs incurred by the Substitution of the Traveler.

7. Luggage

A TOURS is not responsible for luggage transport. Also, A TOURS is not liable for lost or damaged luggage, nor for theft of luggage or valuables.

8. Complaints

In accordance to the Croatian law ( čl. 6. Zakona o pružanju usluga u turizmu i čl. 10. st. 3. Zakona o zaštiti potrošača) a Traveler may file a written complaint by mail (adress: A TOURS, Podvrh 40, 22212 Tribunj, Croatia) or e-mail (info@atours.hr) no later than 8 days following his/her return from the excursion. A TOURS is obliged to confirm the receipt of the complaint in writing without delay. Also, A TOURS needs to respond to the complaint within 15 days from the day of receipt of the complaint.

If the Traveler files a complaint during the excursion for non-performance or undue performance of any of the agreed upon services, he/she shall observe the procedure instructions of the excursion organizer/service provider and cooperate with the excursion organizer/service provider with the aim of resolving the complaint on the spot.

In case of non-performance or undue performance of a service agreed upon within the excursion organized by A TOURS, the Traveler may initiate the complaint procedure prescribed by these General Terms & Conditions for the purpose of resolving the noted irregularities.

Until a decision has been made by A TOURS and for the duration of the 30 days after the complaint has been filed, the Traveler waives the right to arbitration before any other institutions or court. During that time the traveler shall not publicly disclose any information concerning the subject matter.

Compensation

Furthermore, for the above 30-day period the Traveler renounces the right to file suits. The Traveler has the right to compensation in the amount of the actual value of the unused services. The compensation for damages in non-performance, partial performance or undue performance of obligations is limited to the amount of the excursion price. This excludes the Traveler’s right to be compensated for non-material damage.

Each Traveler files complaints separately. A TOURS reserves the right to dismiss group complaints. Complaints submitted after the time limit expires will be dismissed. Those complaints that could have been resolved on the spot, if the Traveler had cooperated with the representative of A TOURS, will also be dismissed.

9. Protection of Personal Data

Your personal data is collected and used only on the basis of the data you have voluntarily provided. A TOURS collects, processes and keeps your personal information. Everything is done in accordance with the EU General Data Protection Regulation (GDPR) and other applicable regulations. Data will not be passed on to third parties. Nor it will be exported to third countries except in the case of the need for realization of contracted services.

10. Final Provisions

Possible deviations from these General Terms and Conditions for excursions must be listed in the excursion itinerary. The parties undertake to resolve any disputable cases by mutual agreement. If this is not possible, in the event of a dispute, the court in Split is competent and Croatian law applies.

Application of the Terms of Service & Privacy Policy for A TOURS.

 
 

Upadetd: Tribunj, 21st June 2022.

A TOURS, Podvrh 40, 22212 Tribunj, OIB 33451626166