Terms & Conditions

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General Company Information

Pelican Tours Split (Smart Deal d.o.o)

Plinarska ulica 1, 21 000 Split, Croatia
Registered with the Court Register: Republic of Croatia, Commercial Court in Split,
Register Number (MBS): 04363825
Company Identification Number (OIB): 72513413032
Contact Information: Telephone number: +385 21 291 161
Mobile number: +385 91 617 5000
Email address: [email protected]
Website: www.pelicantourssplit.com

Content of the arrangement

Tourist agency “Pelican tours Split” (hereinafter referred to as the agency) guarantees the full execution of the program according to the description of the tour you had received. Itinerary of the travel arrangement will be conducted to the full extent by the agency, except in the case of unpredictable emergency situations (war, riots, demonstrations, terrorist actions, sanitary violations, extreme weather conditions, interventions by the authorities etc.).

Changes to the arrangement

The agency reserves the right to change any part of the arranged program in the case of circumstances that could not have been predicted, avoided or eliminated. In that case, the arranged program can be exchanged for the service in the same category, with the possible price correction.

Reservation and payment

Requests for information and reservations are communicated by web services, regular mail, personally in the agency’s sales points or in the sales points of our official tourist agency dealers. By making a reservation, customer hereby agrees to all conditions of service declared in these General conditions of service. In other words, everything that has been stated in this document becomes a legal bind as for the customer, as well as the agency. Customer is provided with all relevant information regarding arranged program by the agency. During the reservation process, customer is obliged to provide all necessary data that is required. Furthermore, in order to make the reservation valid, a full payment must be made by the customer during the reservation itself (unless stated differently). Payment method depends on the customer’s preference and the ability of the agency to process that payment. Method of payment is communicated to all customers in advance with the reservation confirmation.

Terms & conditions of sale through website

These Terms and Conditions specify the reservation procedure, the payment process and the application of services presented through the web page.
The web page may be used for private use, free of charge, in accordance with the Terms and Conditions defined herein. Pelican Tours Split – travel agency, is the Provider. The person filling out the electronic order, sending it to the provider via web page and executing the payment by debit or card card is the Customer. The commodity that is the object of the sale is one of the services offered on the web page (exemple: tour).

Reservation (order) process

The Customer orders the product or products by way of the electronic order form. Every guest ordering at least one product, providing the requested information and sending the order via web page is considered a Customer.
All prices are expressed in EURO. The price stated on the web page includes all fees as well as the added value tax (VAT) and is final.
The Customer is under no obligation to pay additional costs for the realization of services ordered through this webpage.

The ordering process is conducted in the following manner:

1.    The Customer selects the service on the web page;
2.    The Customer fills out the form for the selected service, entering the information regarding the date and time of service start, number of guests/vehicles, possibly first and last names of the travelers;
3.    The reservation system confirms the availability of the service and provides the Customer with the final overview of all the information entered before the final order confirmation;
4.    The Customer confirms the order and enters the information regarding the payment card in the WSPay service for payment processing;
5.    WSPay service authorizes the payment card and the result of the processing returns to Pelican Tours Split website, where it is presented to the Customer.
The service which is the object of the sale is considered ordered when the Customer selects it, confirms the manner of payment and successfully finalizes the credit or debit card authorization process.
Upon the finalization of the reservation process, the Customer is provided with the voucher that serves as confirmation of the purchase and the payment. The voucher contains the following information, which clearly define the ordered service and the clients: voucher number, service ordered, departure date (date of service use), departure time (time of service use), price of the service, number of persons, possibly first and last names of guests and departure location. The cancellation & refund of the reserved service is regulated by the General Terms & Conditions.

Payment

Ordered products or services are paid online, by means of one of the following credit or debit cards: MasterCard®, Maestro® or Visa®, American Express®, Diners® through the WSPay service. Travel agency Pelicann Tours Split charges the Customer’s card immediately upon the executed transaction.

Service applications and use

The services contained in the order and stated on the voucher may be realized in the following manner:
The provided voucher serves as reservation and confirmation of the purchase, i.e. a ticket for the selected transfer, excursion, tour, cruise. The voucher may be used only once.
In the event that the voucher is lost, it shall be reissued at the request of the Customer, in accordance with the General Terms and Conditions. For this purpose, the Customer shall contact Pelican Tours Split – travel agency with the request to reissue the voucher.

Conversion statement

The credit card is charged in Croatian kuna (Kn). The amount of Croatian Kuna that the credit card is charged with is obtained by conversion of EURO into Croatian Kuna according to the exchange rate determined for price lists (medium rate of the Croatian National Bank). The amount that is charged on the Customer’s credit card in Croatian Kuna shall be translated into the client’s national currency by the card company applying the valid foreign exchange list of the client’s county. Thus, slight deviations from the EURO prices stated on our website are possible.

Statement of security

WSpay ™ Payment Gateway service, used by the web page adopt the most modern data protection standards – Secure Socket Layer (SSL) protocol with 256-bit data encryption and TLS 1.2 encryption protocol ensures exchange of sensitive information.

Statement of using WS-Pay

Travel agency Pelican Tours Split uses WSPay for online payments.

WSPay is a secure online payment gateway system, real-time payments, debit and credit cards, and other payment methods. The WSPay service ensures the merchant and the customer a secure transfer and enrollment of the card data submited, as well as the PCI DSS certificate that WSPay has. WSPay uses 256-bit encryption SSL certificate and TLS 1.2 cryptographic protocol as the highest standard of data protection and security.

Price of the arrangement

Itinerary of the travel arrangement includes everything that has been stated by the agency’s travel plan. Optional services include everything that has been stated as not included in the arrangement cost and must be paid by the customer additionally. These services must be negotiated during the reservation and will be charged additionally on top of the travel arrangement price. Optional and special services that the customer decided to make request forafter the departure should be paid directly to the dedicated travel guide or the representative of the agency. The agency reserves the right to change the declared cost of optional services, if there has been a significant change of the agreed currency exchange rate, increase of the transportation costs, increase of the fuel prices, increase of tax charges (airports and other means of transport) after the contract had already been made, in case those mentioned increases directly affect price of the travel arrangement. These changes are made in the case cost increases mentioned could not be known or predicted by any means. Declared prices are the result of the contact between the agency and other partner organizations and do not have to correspond to the prices listed on the actual locations and destinations.

Discount for children and other possibilities

Customers are advised to pay attention to possible discounts for children and minors or other promotional discounts.

Tourist agency's right to cancel the service

The agency reserves the right to cancel the arrangement to full or partial extent, in case of exceptional circumstances that have arisen before the departure or during the excursion itself, provided those circumstances could not be avoided or eliminated, but whose occurrence during the publishing of the arrangement offer could give the agency indication not to publish the offer or to cancel the arrangement in advance if the offer had already been published; in other words, give indication to the agency not to accept any further reservations. What is more, the agency reserves the right to cancel the arrangement if the number of reservations does not fulfill the minimal number for that specific arrangement. In those cases, the agency is obliged to notify all customers about the cancelation of the arrangement and fully refund all payments that have been made by the time of the cancelation. Customers are not entitled to claims for any additional compensation by the agency.

Right of a customer to change or cancel the arrangement

Should the customer wish to change or cancel the reservation, after the initial payment has already been made, the agency must be notified by a letter or e-mail. Changes to the reservation include change of the number of persons who will be using the services of the agency or change of date of the departure/arrival of the arrangement and must be made at least 24 hours before start of the service (usually the departure). All changed made within those 24 hours cannot be considered as cancellation of the reservation. In the case the cancelation of the reservation and the customer decides to abandon the arrangement, the following cancellation policy is applied. Date and time when the agency has received the notification of the cancellation is referred to in the following way:

For cancellations up to 24 hours before the start of the service, the reservation will be fully refunded. The amount will be refunded to the charged account in 14 days (usually no longer than 2 -3 working days).

For cancellation on the departure date/time of during the arrangements, customer is not entitled to any refund.

Obligations of the customer

The customer is obliged to always keep in possession valid travel documents in case the itinerary of the arrangement includes border crossing. In the case of loss or theft of the documents or any other valuables, all the responsibility is on the customer. In the case of failure to provide necessary documents or the irregularity of the documents (them being expired or similar), which could cause the customer to be unable to continue the arranged program, cancelation policy states that the customer is not entitled to any reimbursement. The customer is obliged to respect and follow customs and law of Republic of Croatia at all times, to respect and follow the rules of accommodation facilities and other establishments and, in general, to cooperate with the tour guides and other staff in a friendly manner. Furthermore, the customer is required to follow all instructions provided by the travel guide and representatives of the agency. Before the departure, the customer needs to be able to present the tour guide or the representative of the agency all necessary documents regarding confirmation of the reservation (original voucher, payment confirmation, copy of the money transfer receipt, travel cards etc.). If any of the points stated has been breached, the customer will be financially responsible to any possible damage to the agency.

Obligations of the tourist agency

The agency is obliged to:

Properly handle execution of offered services, as well as the selection of employees and hired staff taking into consideration their professionalism and experience. Care about rights and interests of all customers and travelers according to general guidelines and customs in tourist industry. Provide and execute all services described in the contract and notify the customer of any possible risks involved

Have in possession public guest book open to any feedback by the customers in every sales point in accordance with the applicable legislation. The agency is not responsible for any changes to, or failure to fulfill any parts of the arrangement directly caused by the unexpected circumstances (refer to point 7 of this document), transportation problems and delay which do not hold the transportation company responsible in accordance with the applicable legislation and international conventions. In any of the described cases, all unexpected and additional costs are to be paid by the customer.

Luggage and personal possessions

Depending on the customer’s preference, possession of luggage during the arrangement is possible in accordance to the transportation organization. If the transport is conducted by regular road vehicles, the customer is entitled to one piece of luggage (a bag). Transportation company is not responsible for possible loss or damage of the customer’s property, unless the damage was caused by the transportation itself. Every customer is obliged to care for their belongings personally. The agency is not responsible for any damage or loss of property or valuables and the customers are advised to leave all unnecessary belongings in their accommodation facility or rented safe deposit box. Complaints about lost or damaged property are submitted to the transportation company or a dedicated representative.

Travel insurance

In accordance to Law on Providing Services in Tourism, the agency organizing and conducting the arrangement is required to provide health and insurance in case of unexpected circumstances during the arrangement, as well as the insurance that covers travel costs of the return of the customer to the place of stay in case of unexpected circumstances or health complications. circumstances or health complications.

Handling of the reclamation

In case the agency has failed to fully or partially execute the arrangement or the quality of the services provided does not meet the standard stated in the description of the arrangement, the customer is entitled to submit a written complaint. Every customer is entitled to making a complaint regarding the agency’s failure to execute all parts of the arrangement. Every customer submits the complaint individually and no group complaints will be processed at any time. The procedure of submitting a complaint includes the following:

Directly during the execution of the service the customer notifies the tour guide or the representative of the agency at the spot, or in case the representative of the agency is not present, the customer makes the complaint to the designated service provider

During all times, the customer is obliged to follow the instructions provided by the tour guide or representative of the agency and behave in a friendly manner all in order to eliminate the cause of the complaint

If the customer does not agree with the presented solution to the complaint that fully corresponds to the description of the paid service, the agency is not required to accept or acknowledge any further complains

If the cause of the complaint had not been eliminated, the customer is obliged to file a written complaint in cooperation with the tour guide, representative of the agency or the designated service provider, which will be signed by all three parties and given to both the customer and a representative of the agency

The customer is obliged to deliver the written complaint to the agency no later than 8 days after the travel has been completed

The agency will take into consideration only the complaints which have been fully documented, submitted in the stated time frame and signed by all the previously stated parties, with potential inclusion of other documents (receipts for additional charges etc.)

The agency will process the complaint and issue a written response to the customer in no longer than 15 days after the complaint has been received

The agency will only process valid complaints which could not have been properly resolved during the execution of the service

During the time frame of those 15 days until the agency has issued a written response, the customer is to refrain from contacting any third party regarding the complaint: association of Croatian travel agencies or other institutions, the media etc.

The agency and the customer are in the agreement that all complaints will be resolved in a kind manner, by mutual cooperation, but in case of failure, the designated court of law will be included in the process of the resolution. Applicable law in resolving complaints is Croatian law.

Statement of personal data protection

All personal data Pelican Tours Split might have acquired about the customer will unconditionally be protected and kept secret from a third party by the agency. All data regarding address, place of stay, dates of travel, payment confirmations, as well as the names of the people traveling will be private.

The agency undertakes to collect only the basic information about the Customers, which are necessary to fulfill our obligations; it informs the Customers about the manner in which the collected data is used, regularly provides the Guests with the option of choosing the use of their data, including the possibility to choose whether they wish their information to be removed from the email list used for marketing campaigns or not. All Clients information is strictly preserved and is available only to those employees who require them to perform their jobs. All employees and business partners of Pelican Tours Split – travel agency are responsible for observing the principle of privacy protection.

The agency will not answer requests by third parties about the clients’s personal data without the explicit consent by the customer, unless a low or a decision issued by the higher state authority overturns this rule.

Final provisions

These general conditions of service are the integral part of the travel contract every customer signs with the tourist agency “Pelican Tours Split” or with one of the official partner agencies. Each potential/planed breach or addition to the contact must be clearly described and communicated to the customer. By making the initial payment during reservation, customer undeniably agrees with the whole content of the contract and The general conditions of service. As of this moment, this become the official and only general conditions of service document, and voids all previous versions.

The customer is obliged to deliver the written complaint to the agency no later than 8 days after the travel has been completed

The agency will process the complaint and issue a written response to the customer in no longer than 15 days after the complaint has been received

The agency will only process valid complaints which could not have been properly resolved during the execution of the service