General Terms and Conditions (T&C)
NOTE: ADRIA ABATE d.o.o. is the company that operates under the brand name Taste and Sail Croatia.
GENERAL INFORMATION ABOUT THE COMPANY/AGENCY
ADRIA ABATE d.o.o.
Ulica Hermana Bužana 12B
Managing Director: Igor Tošev, owner.
Email: [email protected]
Telephone: +385 97 7092 160; +385 97 7268 378
Operating hours: Monday – Saturday from 9:00am – 5:00pm; Sunday: CLOSED
Company number: 5248981
Name and address of bank:
Erste&Steiermarkische Bank d.d., Jadranski trg 3A, 51000 Rijeka, CROATIA
SWIFT CODE: ESBCHR22
Details of the competent body whose official supervision is subject to the activity of the travel agency:
Ministry of Tourism – Independent Sector of Tourism Inspection Trg Republike Hrvatske 8 / I, 10000 Zagreb, Croatia
You must read and understand this document in full before booking. These terms and conditions (T&C) will form the basis of the contract between you (Client/Traveller) and us (ADRIA ABATE d.o.o./THE AGENCY).
1. This document sets out the standard booking terms and conditions of ADRIA ABATE d.o.o., trading as ADRIA ABATE d.o.o. (registered address: Ulica Hermana Bužana 12B, 10000 Zagreb, Croatia; company number 5248981).
2. THE AGENCY reserves the right to make reasonable changes to the T&C as and when necessary (for instance, in the case of a change in the applicable laws or regulatory requirements). Such changes will take effect when the updated T&C are published on the Taste and Sail Croatia website.
3. To make a booking, you should complete the online form (Taste & Sail Croatia package form, Yacht Booking form, general inquiry via contact us page or email) on Taste and Sail Croatia website.
4. The person who completes this form (the Client/Traveller) will be the primary contact with THE AGENCY.
5. By making a booking, the Client/Traveller confirms that he/she is authorized to act on behalf of all the Guests. It is the Client/Traveller’s responsibility to ensure that each Guest has read and agreed to all relevant T&C.
6. If the Client/Traveller does not comply with the T&C, THE AGENCY reserves the right to cancel the booking without any refund whatsoever.
7. By completing online form (Taste & Sail Croatia package form, Yacht Booking form, general inquiry via contact us page or email) you confirm that all the Guests agree on:
o The inquiries are sent by mail : [email protected] or by filling out one of the booking forms on AGENCY’S website
o THE AGENCY will contact you as soon as possible via email to confirm the:
– the total price of the service
– the date that your deposit is due
– details of the payment plan
– all other necessary information
8. The Client/Traveller is responsible for checking the details on the confirmation invoice. Please bring any discrepancies to our attention within 24 hours of the date of the confirmation email. THE AGENCY does not accept liability for the costs associated with any errors not highlighted. We reserve the right to correct any errors in the confirmation email as soon as we become aware of them.
9. Household pets onboard the yacht are a subject to permission of the yacht owner and/or charter company.
10. THE AGENCY reserves the right to change the price of your booking before your booking is confirmed. We will inform you of any such changes. We also reserve the right to correct pricing errors after confirmation.
11. In the offer (cost estimate) you will precisely have information what is included in the price of our service.
12. THE AGENCY warrants and guarantees that:
o Up to and until 20 days before your trip, the price of your booking will not be subject to any surcharges except variations in:
– transportation costs
– dues, taxes, and fees
– exchange rates
o Within 20 days of your departure date, the price of your booking will not be subject to any surcharges
o THE AGENCY will absorb any increase of less than 2% of the purchase price. You will only be charged for increases over and above 2%
o Moreover, you will receive a refund if your booking price drops by more than 2% following the changes mentioned above. Please note that travel arrangements are not always purchased in local currency. Some apparent price fluctuations may have no impact due to contractual and other protections in place.
Last minute, First Minute and special promotions (discounts) 13. In case the service provider, i.e. THE AGENCY, reduces the price of the arrangement after the client has confirmed the booking, the client is not entitled to the new, lower price. Payments
14. The Client/Traveller will pay THE AGENCY the gross sum owed. This includes the cost of the services provided by THE AGENCY. Administration fee is free of charge.
15. After the inquiry is made you will receive an offer (cost estimate) with the payment instructions and options.
16. We will detail the payment instalment plan in the confirmation email:
o For travel within 40 days of the booking date:
– pay in full (100% lump sum)
o For travel beyond 40 days of the booking date, you can choose to either:
– pay in two instalments, or
– pay in full (100% lump sum)
17. Failure to pay an instalment on time gives THE AGENCY the right to cancel the booking without a refund.
18. It is the Client/Traveller’s responsibility to check the payment due dates and ensure that payments have been made under the payment instalment plan. Payment delays can result in your booking being cancelled by THE AGENCY without a refund. If you are likely to be unable to make a payment on time you must contact THE AGENCY as soon as possible to request an extension to the relevant payment due date. If such an extension is agreed, THE AGENCY will communicate this to you in writing.
19. The first payment will be due no later than 24 hours from receipt of the booking confirmation unless specified differently. This booking confirmation may be sent by either THE AGENCY or the yacht charter supplier. If this first payment is not made the booking will be automatically cancelled and reopened for bookings from other guests.
20. A contract will automatically arise between you and THE AGENCY as soon as the first payment is made, granting both parties respective duties and obligations under that contract.
Cancellation and Variation Policies
Variation by THE AGENCY
21. As THE AGENCY’s booking information is prepared well in advance, some minor aspects of your booking may have to change closer to the time of your holiday to make the booking work. The Client/Traveller will be notified before any such changes are made.
22. You will be notified as soon as is reasonably possible if significant changes to your booking are needed. These changes can happen for instance if the vessel has been significantly damaged by previous guests and is deemed unsafe, etc. In this instance, you will be able to either:
o cancel the booking with a refund of all sums you have paid minus cancellation charges within the meaning of clause 29 (Refundable Sums)
o choose to accept the changes
The Client/Traveller must inform THE AGENCY of your decision within three days of being informed of booking changes. If no action is taken, we will be entitled to infer that you have chosen to accept the changes.
23. No major changes within the meaning of this clause will be made within fourteen days before the commencement of your booking unless these changes are necessary because of force majeure.
24. If you accept THE AGENCY’s offer of a replacement booking of lesser quality, then you will be entitled to a refund of the difference in price between the original booking and its replacement.
Cancellation by THE AGENCY
25. THE AGENCY reserves the absolute right to cancel your booking under any circumstances. If THE AGENCY cancels your booking under this clause you will be entitled to a full refund of all Refundable Sums.
26. THE AGENCY will not cancel your booking under clause 24 after the balance due date unless you default on the payment of the balance or such cancellation is necessary because of the damage to the vessel or force majeure.
27. THE AGENCY reserves the right to cancel your booking without any refund if you do not meet your obligations under the clauses:
o 5: Client/Traveller’s authority to act on behalf of other guests
o 34: substitution of customers
o 42-43: travel insurance
o 66-67: reselling
28. THE AGENCY reserves the right to cancel your booking without any refund if circumstances arise that make the reservation impossible and are out of THE AGENCY’s control or which we could not have prevented. Examples of such situations include (but are not limited to) dangerous weather conditions, fire, natural disaster, industrial actions, war, riots, and other force majeure.
Cancellation by You
29. If you decide to cancel your booking, the Client/Traveller must inform THE AGENCY in writing as soon as possible. Your booking will not be cancelled until THE AGENCY receives your notice of cancellation in writing. If you transmit this written notice by email, then you must follow up via telephone during THE AGENCY’s normal office hours (any weekday except a public holiday between the hours of 09:00am – 05:00pm) to check that the email has been received.
30. Cancellation charges:
o If you cancel your booking, the following minimum cancellation charges (as a percentage of the total booking cost) will apply:
– From booking date to 61 days before the trip – 30%.
– From 60 to 41 days before the trip – 50%
– Within 40 days of the trip – 100%
o You will also be liable to pay any cancellation charges imposed by suppliers or any other costs incurred by THE AGENCY
o THE AGENCY may use money that you have previously paid to cover cancellation charges or to pay charges imposed by a supplier without refund to you
o THE AGENCY will take reasonable steps to ensure that all costs and losses are kept to a minimum
o Your travel insurance policy may cover cancellation charges, please check your policy for details
Variation by You
31. If you would like to change any aspect of your booking, the Client/Traveller must inform THE AGENCY as soon as is reasonably possible. You will be responsible for the additional costs we incur in implementing the changes.
32. Please note that THE AGENCY may not be able to implement all the changes you wish to make. Any changes will be subject to availability and will be made at THE AGENCY’s discretion.
33. Changes of yachts or dates will be treated as cancellations and charges will be applied under clause 29. However, if a more expensive booking is subsequently made and the previous yacht is resold at the original booking value, the usual cancellation fee shall be waived and an administration fee equivalent to 10% of the original booking cost shall be levied in its place.
34. Change of Customer:
o If any Guest no longer wishes to participate in the charter or benefit from the services booked, THE AGENCY may, subject to availability, agree to a substitute customer being added to the booking. You should notify THE AGENCY in writing at least 14 days before the date of the trip of your intention to substitute a person on the booking. However, this is subject to THE AGENCY’s written acceptance of the arrangement and both the leaving and the substitute parties accepting joint and several liabilities for full payment of any sums outstanding for the booking.
o THE AGENCY may charge you an administration fee of €25 per Guest name change.
o THE AGENCY retains the absolute right to refuse to accept the substitution.
o In requesting a change of customer, the Client/Traveller must confirm that the new customer has read and agreed to all relevant T&C. Cancellation and Variation Policies – COVID 19 35. The Client/Traveller will be informed about cancellation and/or variation in policies connected to pandemic situation of COVID-19 at the time of booking. Yacht Specifications 36. You can find specifications, measurements, inventories, charter company information, and other data relating to yachts on The Taste and Sail Croatia website. They are correct at the time of posting but THE AGENCY cannot guarantee that the yacht will meet the exact details described on the website.
37. Pictures of yachts are intended only to give a general idea of the type of yacht you are chartering and are based on official images provided by the yacht manufacturers. Sometimes there are differences between the yacht shown in a picture on the website and the yacht you are given by the charter company. THE AGENCY cannot guarantee that your yacht will be the same as the one shown in the picture on our website. However, THE AGENCY takes misrepresentation very seriously. If you believe that a picture on THE AGENCY’S website is misleading, please inform THE AGENCY as soon as possible so that steps can be taken to address the situation.
38. The itinerary, as provided to you, may be affected by weather conditions (for example, the circle raft might not be viable in adverse weather conditions). Whilst we try our utmost to ensure the itinerary is followed as closely as possible, THE AGENCY cannot be held liable for deviations in the itinerary due to circumstances outside its control.
39. Your itinerary will be confirmed as soon as you book and may be subject to change at any time. THE AGENCY will accept no responsibility for any additional activities or bookings you have arranged at your own expense which may be affected by such change.
40. Your booking does not include transport to and from your home country.
Passports and Visas
41. THE AGENCY cannot help you to obtain the correct passports, visas, or other documentation that you might need to enjoy the booking made through THE AGENCY. All the official requirements about visas for Croatia you can check on this link: http://www.mvep.hr/en/consular-information/visas/visa-requirements-overview/
42. THE AGENCY does not sell or organize travel insurance, but we can recommend an insurance company to you. You must obtain travel insurance before going on holiday. You should make sure that your insurance policy covers adventurous activities such as sailing. Please read your policy carefully to ensure it complies with this requirement and covers all of the activities in which you are going to be participating. We strongly recommend your insurance covers cancellation, personal liability, loss of personal property and travel disruption in the event of travel restrictions. It is a condition of your booking that you have a suitable travel insurance policy in place.
43. THE AGENCY accepts no liability to those who travel without travel insurance in breach of this clause. You also agree to indemnify us against all third-party claims, actions or other remedies which may be brought or sought against us in respect of your participation in the holiday.
44. If, while on holiday, your behaviour poses a danger to you or those around you, causes or is likely to cause damage to people or property, breaches any local law, or causes or is likely to cause a public nuisance, THE AGENCY has the right to cancel your booking without paying you any refund. This means (among other things) that your skipper/captain could refuse to continue to work and that you could be made to leave a yacht you have booked midway through your booking.
45. The nature of some of the activities you may choose to participate in during your holiday may involve a degree of personal risk. By purchasing a holiday from THE AGENCY, you accept that your purchase is solely and fully at your own risk and that you are responsible for your own actions. On accepting these Terms, you also accept full responsibility for any damage, loss or expense caused by you or any person named on your booking.
46. THE AGENCY acknowledges that guests may wish to consume alcohol. You must, however, do so responsibly and THE AGENCY accepts no liability to you for any injury, cost, expense, loss, or damage you suffer as a result of your judgment being impaired wholly or partly by alcohol or drugs.
47. THE AGENCY operates a zero-tolerance drug policy. If you are found in possession of illegal substances, THE AGENCY reserves the right to cancel your booking without paying you a refund. This means (among other things) that you could be made to leave at any time during your booking the yacht you have booked. THE AGENCY reserves the right to inform the relevant law enforcement authorities as we see fit.
48. You accept that the skipper/captain allocated to your yacht is in charge of the yacht. The skipper/captain will make decisions on behalf of the boat based on safety, the general consensus of the crew and local knowledge/experience of conditions and circumstances. THE AGENCY will not be liable for any loss of enjoyment or similar claims resulting from itinerary changes made by the skipper/captain in the interests of safety and better guest experience.
49. You are solely responsible for your personal possessions and property; it is your sole and full responsibility to look after your personal belongings. Where you lose any item of your personal possessions, whilst we do everything possible to locate lost property we cannot guarantee to do so, nor can we guarantee to be able to arrange for your property to be returned. You should email [email protected] with any inquiries relating to lost property. In the event that we are able to locate lost property and arrange for its return, all costs incurred as a result of doing so must be paid to us in advance along with an administration fee of €25. THE AGENCY reserves the right to increase the administration charge for the return of lost property for bulky items with special dispatch costs. THE AGENCY accepts no liability and cannot be held responsible for the safety of your personal possessions and any lost property in any circumstance whatsoever as it is your personal responsibility to look after your belongings.
Your Privacy is Important to Us
50. On your holiday, THE AGENCY may collect still and video images of you for advertising and promotional purposes. By booking through THE AGENCY you agree that such images may be collected and used by THE AGENCY, including for commercial use and sale of the images. Images may be cropped, altered, combined or otherwise edited. You also agree that THE AGENCY will retain ownership of all rights in connection with such images.
51. Please let THE AGENCY know before your holiday if any of the Guests do not wish to have their image taken. Send an email to [email protected] with details of the Guest in question and the associated booking number.
52. THE AGENCY will use your data for administration, statistical analysis, marketing, host mailing, customer services, customer profiling, analysing your purchasing preferences, and improving services. THE AGENCY may disclose your information to its service providers and agents for these purposes. You have a right to request a copy of the personal data THE AGENCY holds about you, for which THE AGENCY may charge a fee, and to correct any inaccuracies in your information.
Responsibility of THE AGENCY
54. THE AGENCY accepts responsibility for using reasonable care and skill to ensure that your holiday is supplied as described in our promotional material, and that services offered and carried out are of a standard reasonably expected by a person skilled in offering and carrying out such services.
55. THE AGENCY will take reasonable care to ensure that reputable suppliers and businesses provide the services that make up your holiday. These organizations follow local and national regulations and laws of the country in which they operate (Law on provision of services in tourism; Official gazette 130/17, 25/19, 98/19, 42/20). Overseas safety standards may differ from those in your home country and some instances may not meet the standards you are accustomed to at home.
56. Our obligations, and those of our suppliers, in respect of reasonable care, will follow the local law or, in the absence of this, local custom. Compliance with any applicable regulatory requirements will constitute proper performance on the part of THE AGENCY in the discharge of our duties and obligations under these T&C.
57. THE AGENCY will not be liable where any failure was due to:
o The acts or omissions of the person(s) affected
o The actions or omissions of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable
o Unusual and unforeseen circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised
o An unusual event which either we or the supplier of the service(s) in question could not have foreseen or avoided even with all due care
58. If you suffer illness or injury while taking part in any third-party activity that does not form part of the contractual package arrangements, THE AGENCY will not be held responsible. This includes activities that we have organized on your behalf.
59. Other than as is detailed in these T&C, we shall have no legal liability whatsoever to you for any loss or damage which you suffer arising directly or indirectly from any aspect of your package.
60. Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea, rail or road carrier to which any international convention or regulation applies, the maximum amount of compensation THE AGENCY will have to pay you will be limited in accordance with any relevant international conventions.
61. You will assist THE AGENCY in recovering compensation from any third-party for any sums we pay to you. Furthermore, you will assign us any rights that you may have against any other person whose acts or omissions have caused or contributed to our liability to you. You must also provide us with all the assistance we may reasonably require.
62. THE AGENCY maintains the highest standards in choosing yacht supplier partners and we hope you will have no problems. However, please address any issues directly to a member of THE AGENCY as well as the supplier as soon as they arise. We will then attempt to find an appropriate solution. Please allow us a reasonable opportunity to rectify the problems you are experiencing. Failure to register a complaint promptly is likely to affect your right to compensation.
63. If you are dissatisfied with how your complaint is addressed, please contact our office within 8 days. We will make a written decision on the complaint within 15 days upon receipt of the complaint in the manner in which the objection was received (by e-mail, mail or personal delivery to which it will be sent in written form).
Disabled Customers and Customers with Special Needs
64. You must tell us about any special needs and requirements so that suitable arrangements can be made. THE AGENCY cannot be held responsible if you fail to tell us about special needs/requirements that may impact on your holiday. As such, we will not compensate you in these circumstances. If you need support or advice, please contact us before booking.
65. If you have a medical condition, mobility problem or disability which may affect your holiday, we may require a doctor’s certificate or other documentation relating this issue. Please provide us with full details in writing at the time of booking so we can ensure that we have all the necessary information.
66. THE AGENCY does not permit reselling of its products without prior written consent. THE AGENCY does, however, work with a select group of country managers who promote THE AGENCY’s products in various locations.
67. If you believe your booking may have been resold in breach of these T&C, please contact us.
68. No failure or delay by THE AGENCY in enforcing these terms shall prevent THE AGENCY from enforcing them later or act as a waiver of its right to do so. Similarly, partial enforcement shall not preclude further enforcement of the same (or another) term later.
69. If the Client/Traveller is an EU resident (identified by the booking address) then, under the Package Travel Regulations, all Guests are fully protected from the insolvency of THE AGENCY. This includes the initial deposit and subsequently the balance of all monies paid to us, including repatriation if required, arising from cancellation or curtailment of your travel arrangements.
70. If any provision or part of a provision, of these conditions is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provision or part-provision will be struck out of these conditions and the remainder of the conditions will apply as if the offending provision or part-provision had never been agreed.
71. You may not transfer or assign any of your rights or obligations under these T&C without THE AGENCY’s prior written consent.
72. Croatian law will exclusively govern your contract with ADRIA ABATE d.o.o.. The courts of Croatia shall have exclusive jurisdiction to adjudicate upon any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including noncontractual disputes and claims).
73. THE AGENCY respects and protects the privacy of its users and visitors. THE AGENCY only asks for personal information from those who book travel arrangements, in order to place and confirm reservations. Personal data will never be shared with parties uninvolved in your travel arrangements.