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1. GENERAL INFORMATION
Fiore tours that operates within the company Fiore d.o.o., travel agency, Mate Vlašića 6, 52440 Poreč, Croatia,
corporate ID number: 040009121, VAT number: HR58088454926.
Website / web shop: www.fiore-tours.com / www.fiore.hr
Phone: +385 52 431397
E-mail: adventure@fiore.hr
The general conditions of business are part of the contract between a travel agency Fiore tours that operates within Fiore d.o.o., and the traveler who accepts the offered arrangement. By agreeing to the service (i.e., concluding a contract), the guest confirms that he is fully familiarized with these generals terms and that he will adhere to them in their entirety.
INSURANCE IN THE EVENT OF PAYMENT INCAPABILITY OR BANKRUPTCY OF THE TRAVEL ORGANIZER
Fiore has concluded with Croatia Osiguranje d.d. a Contract on Insurance in Case of Insolvency or Bankruptcy of the Fiore, where the travel service might not be performed, or for the refunding the cost of the guest’s way back to the place of departure. In case of occurrence of the insured event, the guest should contact the Insurer as soon as possible:
Croatia Osiguranje d.d., Vatroslava Jagića 33, Zagreb, OIB: 26187994862, Phone +385 7200 1884.E-mail: info@crosig.hr , Policy number: 298625000255
LIABILITY INSURANCE
Fiore has concluded with the insurance company Croatia Osiguranje d.d. a Liability Insurance Contract for damages caused to a guest by failure to meet obligations or by partially or inconsistently meeting obligations. In the event of insured case, the guest should as fast as possible contact the insurer:
Croatia Osiguranje d.d., Vatroslava Jagića 33, Zagreb, OIB: 26187994862, Phone +385 7200 1884.E-mail: info@crosig.hr , Policy number: 078620120706
2. BOOKING CONTRACT
Upon registration, the lead traveller will make Fiore a binding offer to conclude a travel contract. The registration may by means of submitting an online booking form, by e-mail or in any written manner and will be binding for the traveller and all other travellers stated thereupon. The underlying terms and conditions of travel will be acknowledged as binding for the lead traveller and all other travellers, subject to confirmation by Fiore.
Your booking is confirmed and the contract (“package travel contract") is concluded when Fiore or your travel agent issues a written booking confirmation and receipt of the applicable deposit amount. Please check your confirmation carefully and report any incorrect or incomplete information to Fiore or authorized agent immediately.
By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:
3. BOOKING PROCEDURE
A booking for a trip with Fiore can be made by sending booking form and a deposit. A deposit is 30% of the price of the total price. A booking is not confirmed before we receive the booking form and deposit at which point a booking cofirmation (including list of booked hotels and other services with related prices) and a payment request will be issued. The balance is due four weeks before departure. Full payment is required for a booking made less than four weeks before departure. Payment can be accepted with bank transfer or online by credit card. If the balance is not paid at the specified time, unless previously arranged with us in writing, we reserve the right to cancel the booking.
4. YOUR HOLIDAY PRICE
Stated prices are in EURO and includes all services specified in the itinerary. We reserves the right to alter the listed prices of any tour shown in its brochures or on its website and will inform you of the current price before you book your tour. Price fluctuation can occur for a number of reasons, including but not limited to changes in tour content, supplier costs and currency fluctuations. Once Fiore tours has confirmed your tour price, subject to the correction of any errors, we will only increase or decrease the price if we or you make changes to the services included in your booked tour.
5. WEBSITE, BROCHURE & ADVERTISING ACCURACY
We make every effort to ensure the accuracy of the advertising, brochure and website information and prices at the time of printing, regrettably, errors do occasionally occur. You must, therefore, ensure you check the price and all other details of your chosen arrangements with us at the time of booking. The information and prices shown on our website and in our brochures may have changed by the time you come to book your Arrangements.
6. ALTERATIONS BY US
We reserve the right to alter arrangements and itineraries because of operational factors or when we consider it in the best interests of our clients. Changes will be made known to clients as soon as possible. If these changes are substantial and unacceptable a refund may be given. In regard to financial alterations, we reserve the right to alter quoted prices. Should any price increase exceed 10% of the total cost you the client has the right to cancel the booking and a refund may be given. Less than 30 clear days before the date of commencement of your tour, no additional charges will be made except when the booking has been made within this period in which case additional charges may be made up to and including the date on which the invoice is issued.
7. ALTERATIONS BY YOU
Any special requirements should be notified at the time of booking. Alterations after booking are sometimes possible, but note that there is an administration charge for this service.
Should you wish to make any changes or amendments to your confirmed holiday, the party leader must notify us in writing as soon as possible. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such requests. Where we can, an amendment fee of EUR 100 per booking per change will be payable together with any costs or service charges incurred by us and/or incurred or imposed by any of our suppliers.
8. CANCELLATION BY US
We reserve the right to cancel the trip for reasons beyond our control. A full refund will be made but we accept no responsibility for further compensation. If such cancellation is due to ‘force majeure’ (inclusive of war, civil or political unrest and natural disasters) reasonable expenses we have incurred will be deductible from any refund. Any compensation and refund is strictly limited to monies paid to us. We are not liable for any expense you have incurred as a result of your booking.
9. CANCELLATION BY YOU
You may cancel your booking by notifying Fiore. Cancellation fees, if any, will be determined with reference to the date on which notice of cancellation is received by fiore tours and are expressed as a percentage of the total price paid for the cancelled tour, product or service (excluding any insurance products and booking amendment fees). Cancellations must be made in writing. The following cancellation fee will apply:
10. PASSPORTS AND VISAS
Clients must have valid personal travel documents. Invalid documents leading to the cancellation of the travel shall not result in any harmful consequences for Fiore and if Fiore should suffer additional damages due to such an omission by a client, the client must compensate the damages suffered. If a travel document should be lost or stolen during travel, the costs of issuing new documents shall be borne by the client. Here you can find basic information about the visa regime between the Republic of Croatia and all other countries/entities: http://www.mvep.hr/en/consular-information/visas/visa-requirements-overview/
11. BEHAVIOUR
All our customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our opinion or in the opinion of any hotel manager or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking with us immediately. In the event of such termination, our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other arrangements immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other arrangements will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
12. FORCE MAJEURE
Except where otherwise expressly stated in these Terms & Conditions, Fiore will not be liable to pay you any compensation if its contractual obligations to you are affected by any event which Fiore or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include but are not limited to, war, threat of war, civil strife, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather conditions, epidemics and pandemics, unavoidable technical problems with transport, official travel restrictions and all similar events outside our or the supplier(s) concerned’s control.
13. IMAGES AND MARKETING
You agree that, while participating in any tour, images, photos or videos may be taken by other participants, Fiore or its representatives that may contain or feature you. You consent to any such pictures being taken and grants a perpetual, royalty-free, worldwide, irrevocable license to Fiore, its contractors, sub-contractors and assigns, to reproduce for any purpose whatsoever (including marketing, promotions and the creation of promotional materials by or with sub-licensees), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation or compensation payable to you.
14.TRAVEL INSURANCE
It is mandatory that you have travel insurance covering all applicable dates of travel with Fiore. This insurance must cover personal injury and emergency medical expenses. Your insurance policy must also include provisions relating to Covid-19, including cover if you have been diagnosed with COVID-19 during your holiday or have otherwise been in contact with someone who has been diagnosed and you are now required to self-isolate. Your insurance policy must cover you for repatriation where necessary, emergency medical expenses abroad and additional costs of accommodation and/or transport if you need to self-isolate during your trip. You are also recommended to extend your coverage to include cancellation, curtailment, and all other expenses that may arise as a result of loss, damage, injury, delay or inconvenience while travelling. It is also recommended that you have a Cancel for Any Reason (CFAR) clause. You acknowledge that insurance coverage is not included in the cost of any tour offered by Fiore.
15. SUITABILITY AND ACCEPTANCE OF RISK
All our holidays have a difficulty grading and it is your responsibility to ensure that you are physically fit, adequately experienced and suitably equipped to complete the holiday. We will endeavour to pass on any dietary or special requests to our suppliers but cannot guarantee that they will be able to meet your request. Your booking is accepted on the basis that you understand and accept the inherent risks involved in adventure or activity holidays and that you undertake the holiday and activities of your own free will. If you decide that you are unable to continue the holiday you will be responsible for making your own alternative arrangements at your own expense.
By travelling with Fiore, you acknowledge that you have considered any potential risks to health and safety. You hereby assume responsibility for all such risk and releases Fiore from all claims and causes of action arising from any losses, damages or injuries or death resulting from risks inherent in travel, including adventure travel specifically, visiting foreign destinations, and participating in adventurous activities such as those included in tour itineraries or otherwise offered by Fiore.
You acknowledge that the degree and nature of personal risk involved depends on the products or services booked and the location(s) in which a product or service operates and that there may be a significant degree of personal risk involved in participating, particularly participating in physical activities, travel to remote locations, carriage by watercraft, participation in “extreme sports” or other high-risk activities, or travel to countries with developing infrastructure. Standards of hygiene, accommodation and transport in certain countries where tours take place are often lower than the standards you may reasonably expect in your home country or region. You agree that Fiore is not responsible for providing information or guidance with respect to local customs, weather conditions, specific safety concerns, physical challenges or laws in effect in any locations where a tour, product or service is operated. You acknowledge you have considered the potential risks, dangers and challenges and your own personal capabilities and needs, and you expressly assume the risks associated with travel under such conditions.
You must at all times strictly comply with all applicable laws and regulations of all countries and Fiore (acting reasonably), your behaviour is causing or is likely to cause danger, distress or material annoyance to others, Fiore may terminate your travel arrangements on any product or service immediately at your expense and without any liability on Fiore’s part. You will not be entitled to any refund for unused or missed services or costs incurred because of termination of your travel arrangements, including, without limitation, return travel, accommodations, meals, and incidentals.
You are responsible for any costs (including repair, replacement and cleaning fees) incurred by Fiore or Fiore’s suppliers for property damage, destruction or theft caused by you while on a tour. You agree to immediately report any pre-existing damage to a representative of Fiore and staff of the accommodation, transportation service, or facility as soon as possible upon discovery. You agree to take all prudent measures in relation to your own safety while on tour including, but not limited to, the proper use of safety devices (including seatbelts, harnesses, flotation devices and helmets) and obeying all posted signs and oral or written warnings regarding health and safety. Neither Fiore nor its Third-Party Suppliers (as defined herein) are liable for loss or damages caused by your failure to comply with safety instructions or warnings. You agree to bring any complaints to Fiore as soon as possible in order to provide Fiore with the opportunity to properly address such complaint. You agree to inform your tour leader, another representative of Fiore or Fiore’s customer service department directly. Fiore assumes no liability for complaints that are not properly brought to the attention of Fiore and cannot resolve or attempt to resolve complaints until proper notice is provided. Any complaint made after the completion of a tour must be received in writing by Fiore within 7 days of the last day of travel of the booking in question.
16. THIRD-PARTY SUPPLIERS
Fiore makes arrangements with accommodation providers, activity providers, cruise lines, coach companies, transfer operators, shore excursion operators, bicycle rental comapnies, tour and local guides, and other independent parties (“Third Party Suppliers”) to provide you with some or all of the components of your booking. Third Party Suppliers may also engage the services of local operators and sub-contractors. Although Fiore takes all reasonable care in selecting Third Party Suppliers, Fiore is unable to control Third Party Suppliers, does not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. Any services provided by Third Party Suppliers are subject to the terms and conditions imposed by these Third Party Suppliers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and international conventions and agreements that govern the provision of their services. These may limit or exclude liability of the Third Party Supplier. You acknowledge that Third-Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and Fiore does not warrant that any Third Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction.
FIORE IS NOT LIABLE AND WILL NOT ASSUME RESPONSIBILITY FOR ANY CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES ARISING OUT OF INCONVENIENCE, LOSS OF ENJOYMENT, UPSET, DISAPPOINTMENT, DISTRESS OR FRUSTRATION, WHETHER PHYSICAL OR MENTAL, RESULTING FROM THE ACT OR OMISSION OF ANY PARTY OTHER THAN FIORE AND ITS EMPLOYEES.
Fiore is not liable for the acts or omissions, whether negligent or otherwise, of Third Party Suppliers or any independent contractors.
17. PROTECTION OF PERSONAL INFORMATION
The guest gives Fiore his personal information voluntarily. Personal data of service users are required in the process of booking and realization of the requested service and will be used during further mutual communication.
Fiore is committed not to disclose the personal data of the user out of the country or to provide it to a third party other than the partners participating in the realization of the contracted services.
The personal data of the user will be kept in the database, according to Fiore’s decision on how to collect, process and store personal data.
Fiore has the right to use the personal information of service users for marketing purposes. The user is able, at any time, to sign out with the “Sign out" link at the end of each mail or by submitting an application to adventure@fiore.hr.
An objection to the processing of personal data for marketing purposes will not affect the contracting and / or realization of the requested service.
18. STATEMENT ABOUT THE PROTECTION OF PERSONAL DATA TRANSFER
Data protection pursuant to the General Data Protection Regulation of the European Parliament and the Council no. 2016/679- Regulation and implementation of the GDPR
Monri WSPay, being the processor of authorization and payment made by credit cards, uses personal data as the processor pursuant to the General Data Protection Regulation of the European Parliament and the Council no. 2016/679, and compliant with PCI DSS Level 1 Regulations for data transfers.
Monri WSPay uses 256-bit SSL encryption and TLS 1.2 cryptographic protocol as the highest protection standards for data entry and transfer.
Personal data used for the purposes of authorization and payment are deemed to be confidential data.
The following customer’s personal data are necessary to fulfil the Agreement (authorization and payment):
Monri WSPay does not process or use these personal data except for the purpose of fulfilling the Agreement, the authorization and the payment.
Monri WSPay ensures to meet the requirements determined by applicable personal data protection regulations, for the processors of personal data, especially taking all necessary technical, organizational or security measures confirmed by PCI DSS Level 1 certificate.
19. COMPLAINTS
In the unlikely event of you being dissatisfied with any aspect of the trip, the matter should be raised with the leader / guide as soon as possible. Matters can usually be put right on the spot. Failure to do this will adversely affect any claim at a later date. In the event of continuing dissatisfaction, the complaint should be made to us, in writing, within 14 days of your return. We will investigate fully and report back to you as soon as possible. We agree to independent arbitration should this become necessary.
NOTICE ON FILING CUSTOMERŚ COMPLAINTS
Pursuant to Article 8 Paragraph 2 of the Law on Consumer Protection (Narodne Novine Official Gazette No. 97/07 and 125/07 – corr. 79/09 and 89/09 – corr., 133/09), we inform our clients that complaints regarding the quality of our services can be submitted in writing to:
FIORE d.o.o.-Fiore tours
MATE VLAŠIĆA 6, 52440 Poreč-Parenzo, Croatia
E-mail: adventure@fiore.hr
You will receive a response to your complaint in writing within 15 days of receipt of the complaint. Required information: name and surname of the person filing the complaint, the exact address for submission of responses.
20. JURISDICTION AND APPLICABLE LAW
With a signature of the booking form you are accepting our terms and conditions as described in the booking conditions. The booking conditions may only be waived by a director of the company and in writing. On acceptance of your booking we agree to carry out our obligations to you as defined in the documents you have received. These conditions are subject to and shall be construed according to Croatian law.
The Traveler and the Agency will aim to settle possible law suits in the application of this Agreement and if an agreement cannot be reached the issue will become subject to the decision of the Rijeka Court jurisdiction, under the authority of the laws of the Republic of Croatia.
21. TRAVEL PACKAGES
The combination of travel services offered to you is a package within the meaning of Directive (EU) 2015/2302.
Therefore, you will benefit from all EU rights applying to packages. Company FIORE d.o.o., travel agency will be fully responsible for the proper performance of the package as a whole.
Additionally, as required by law, company FIORE d.o.o., travel agency has protection in place to refund your payments and where transport is included in the package to ensure your repatriation in the event that it becomes/they become insolvent.
More information on key rights under Directive (EU) 2015/2302 (to be provided in the form of a hyperlink).
Following the hyperlink the traveller will receive the following information:
Key rights under Directive (EU) 2015/2302
Travellers will receive all essential information about the package before concluding the package travel contract.
There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.
Travellers are given an emergency telephone number or contact details where they can get in touch with the organiser or the travel agent.
Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.
The price of the package may only be increased if specific costs rise (for instance, fuel prices) and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8 % of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.
Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, are changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.
Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package.
Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.
If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.
Travellers are also entitled to a price reduction and/or compensation for damages where the travel services are not performed or are improperly performed.
The organiser has to provide assistance if the traveller is in difficulty.
If the organiser or, in some Member States, the retailer becomes insolvent, payments will be refunded. If the organiser or, where applicable, the retailer becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. Fiore .o.o. has taken out insolvency protection with
Fiore has concluded with Croatia Osiguranje d.d. a Contract on Insurance in Case of Insolvency or Bankruptcy of the Fiore, where the travel service might not be performed, or for the refunding the cost of the guest’s way back to the place of departure. In case of occurrence of the insured event, the guest should contact the Insurer as soon as possible:
Croatia Osiguranje d.d., Vatroslava Jagića 33, Zagreb, OIB: 26187994862, Phone +385 7200 1884.E-mail: info@crosig.hr , Policy number: 298625000255
Directive (EU) 2015/2302 as transposed into national law : http://eur-lex.europa.eu/legal-content/HR/TXT/?uri=CELEX:32015L2302