Terms & Conditions


These General Terms and Conditions govern mutual relations between the transporter (hereinafter: the Carrier)
and the person concluding the contract of carriage (hereinafter: the Passenger) in connection with the carriage
and organisation of the carriage itself in the course of one or more days, depending on the booked service. The
organiser of carriage is the Carrier which is clearly indicated on the certificate of fare paid (ticket/receipt) as the
responsible organiser (hereinafter: the Organiser). If another Carrier is indicated as the Organiser or immediate
service provider, the Carrier acts in the capacity of an authorised agent. The point of sale means the boat or the
point of sale of the Carrier at which the carriage fare is paid.


By making a one-off payment of the full carriage fare or a minimum of 30% to make a booking a day before the
trip, while simultaneously providing the necessary data to the Carrier verbally, via e-mail, mail or the Internet,
the Passenger concludes with the Carrier the Contract of Carriage, which is comprised of the certificate of fare
paid (ticket/receipt/voucher), these General Terms and Conditions, which are to be accepted, and the itinerary,
if defined. Unless otherwise stated, the Passenger shall pay to the Carrier the full carriage fare before departure.

2.1. Based on the received inquiry, the Carrier shall offer to the Passenger a Contract that is considered to be
binding after the contracting parties have signed it or have otherwise clearly expressed their agreement (via the
Internet, electronic mail, by placing a credit card at disposal, making a payment into the account, cash payment),
i.e, once the Passenger has made a payment on account of the booking price, regardless of whether the Contract
has been signed.


Tour content and price include everything specified in the itinerary. Individual special and additional services
(transfers, additional meals, tickets, tips, etc.) that are not included in the published carriage fare, but may be
supplied and included in the Contract by the Carrier, are subject to additional charges. If the price of a requested
service that the Carrier may provide is not specified in the itinerary, the Carrier shall inform the Passenger of the
price before concluding the Contract. The Carrier, as Organiser, shall not be responsible for special and additional
services that the Carrier cannot provide and include in the Contract and/or those that the Passenger requests
during the trip and pays directly to the immediate service provider, regardless of the assistance that the Carrier’s
representative provides to the Passenger in obtaining the services and the information on the approximate price
of such services. The Carrier may provide and ask that the Passenger pay on the spot for certain services that will
be used or make a separate up-front payment of taxes, duties or tickets imposed by special regulations that the
Carrier charges in the name and on behalf of another, the amount of which is beyond its control, and which are
a prerequisite for the realisation of the service. For the services paid on the spot, the Passenger shall submit
complaints, if any, directly to the service provider. The Carrier shall inform the Passenger in a timely manner of
the existence, amount, and potential changes to the way such fees are charged.


If unable to provide the entire tour content in line with the itinerary due to unforeseeable circumstances, the
Carrier retains the right to:

a) change the order or duration of individual components of the itinerary (time of departure and return, route,
absence of carriage to individual destinations)

b) cancellation of carriage if conditions change (adverse weather conditions, natural disasters, big waves, heavy
precipitation, gale-force wind). The Carrier may not be held liable for any change in the itinerary due to force
majeure occurring during the trip. The Carrier shall not be liable if certain activities and contents that depend
on weather conditions and natural phenomena cannot be realised in line with the itinerary or expectations
of the Passenger.

Means of transport (boat) and other services are described in line with the official categorisation of the Carrier
at the time of issuance of the itinerary. Standards of means of transport and other services vary across places
and countries and are therefore not comparable. The Carrier shall not be responsible if any oral or written
information that is not in line with the description of services provided in the itinerary and the applicable General
Terms and Conditions is provided to the Passenger orally by an employee at the point of sale, by telephone, in
writing by an unauthorised person or otherwise. According to regulations, employees at the point of sale are
required to provide the Passenger with promotional materials and the General Terms and Conditions of the trip
in hard copy or in electronic form, give an adequate notification of basic formalities in connection with the trip
and sojourn at the destination. Notifications obtained by the Passenger at the booking site are not binding upon
the Carrier to a greater extent than the notifications and information provided in the trip itinerary.


Carriage and itinerary (timetable) are equally binding upon the Passenger and the Carrier. The Passenger shall
adhere to the departure times indicated in the itinerary and shall comply with the instructions and information
obtained orally in connection with the trip from the representative of the Carrier, i.e. the ship’s crew. If the
Passenger detaches him/herself from the group before getting information on the meeting time and place and
continuation of the trip, he/she may not claim from the Carrier any costs or potential damage that he/she might
suffer. The Carrier retains the right to proceed with the trip even without Passengers who do not show up in time
at the place of departure or continuation of the journey and the Passenger’s no-show shall be considered as
cancellation of further carriage services.


Carriage fares are shown in the itinerary and apply from the date of publication of the itinerary. The Carrier
retains the right to change the fares no later than two days before the beginning of the trip in case of a change
in valid tax regulations, in the exchange rate of the currency of the contract, an increase in carriage costs,
including fuel cost, or an increase in charges for certain services (harbour duties, tickets for additional services
not included in the itinerary, etc.) that affect the carriage fare. In the case that the minimum number of bookings
required for the trip that is indicated in the itinerary is not achieved, the Carrier may suggest fare, boat, itinerary
changes or cancel the carriage, refunding the buyer the amount of the fare which has been paid. The percentage
of fare increase shall correspond to the change in the mentioned elements of calculation. Should the fare
increase by more than 10%, the Passenger shall be entitied to cancel the contract of carriage. In that case, the
Passenger shall be entitled to a full refund of the fare paid, but shall not be entitled to the compensation of
damage and potential insurance and similar costs.


The Carrier shall inform the Passenger without delay about every modification of the itinerary. The Carrier may
cancel or alter the itinerary at any time if extraordinary circumstances occur before or during the trip that cannot
be prevented, avoided or eliminated (war, riots, strikes, terrorist acts, sanitary disturbances, natural disasters,
maritime accidents, sudden and unusual delays, interventions of the authorities, sudden storms, etc.) and which
would have been regarded as a legitimate reason for the Carrier not to enter into the contract of carriage had
they taken place at the time of conclusion of the Contract. The Carrier particularly retains the right to change the
date and hour of departure due to the occurrence of other previously mentioned circumstances as well as the
right to change the route of the trip due to changed circumstances, without having to pay any damages to the
Passenger. The Carrier shall not be liable for any changes to the itinerary and costs incurred due to such a delay.
The Carrier reserves the right to cancel the itinerary in full or in part if it fails to conclude contracts of carriage
with the minimum number of Passengers indicated in the itinerary. In that case, the Passenger is entitled to a
refund of the fare paid, but is not entitled to compensation of damage and potential insurance and similar costs.
In the case of cancellation of the trip, the Carrier may offer to the Passenger a different departure date or a
different itinerary. The Passenger shall provide feedback without delay on whether he/she accepts or refuses
the changed itinerary or the replacement itinerary. If the Passenger rejects the changes and the replacement
itinerary or does not respond to the Carrier’s offer, the contract shall be cancelled and the Passenger shall be
entitled to a refund of the fare paid, but not to compensation of damage and potential insurance and similar
costs. Should the Passenger accept the changed contract or the replacement itinerary, the Passenger shall have
no claims against the Carrier on any legal grounds, except the right to a refund of a part of the fare in case the
price of the replacement itinerary is lower.


lf the Passenger cancels the trip, the Carrier shall keep 30% of the total carriage fare on account of damages.
Passengers who do not show up at the place of departure at the time specified on the ticket or in the itinerary
shall not be entitled to the reimbursement of sums paid. If the actual damage exceeds the specified amount, the
Carrier reserves the right to collect the damages, which are limited to 100% of the trip price. These cancellation
fees shall also apply in case the Passenger changes the departure date or makes any other important changes.
The Carrier may cancel the trip at any time before departure for reasons that do not constitute extraordinary
circumstances that cannot be prevented, avoided or eliminated, in which case the Passenger shall be entitled to
the reimbursement of 100% of the sums paid for the trip unless otherwise stated in the itinerary. If the Carrier
cancels the trip or alters the itinerary for any reason whatsoever, the Passenger shall not be entitled to a refund,
damages, compensation of insurance costs, and similar compensations, except as expressly stated herein.


While on-board, the Passenger is required to have the certificate of fare paid (ticket) and valid travel documents
and to make sure that he/she personally, his/her documents, luggage, and belongings meet the conditions set
forth by the carrier and those laid down by border, customs, health, and other regulations of his/her country as
well as the country through or to which he/she is travelling. The Passenger shall comply with the itinerary as well
as the boat rules and shall cooperate with the Carrier’s representative and the boat crew in good faith. In case
he/she fails to meet those obligations, the Carrier shall not be liable for any caused damage and the Passenger
shall pay the damage on the spot. During the trip, the Passenger shall abide by the rules on personal safety and
shall follow the instructions of the boat crew. The Carrier is not responsible for the Passenger’s actions related
to his/her personal responsibility. Costs of loss or theft of documents during the trip shall be borne by the
Passenger. On the condition that it does not in any way affect the realisation of the itinerary or create additional
cost for the Carrier, the Carrier’s representative shall personally assist the Passenger with the formalities related
to contacts with local authorities, Croatian diplomatic and consular offices, health institutions and the like. In all
other cases the Passenger shall be required to deal with such formalities personally and at his/her own expense.
If the Passenger is not able to continue the trip according to the itinerary because of such formalities, the Carrier
shall consider that the trip has been cancelled. The Passenger cannot hold the Carrier liable for any costs or
potential damage the Passenger might suffer on those grounds. The Passenger shall timely inform the Carrier of
all the facts related to his/her health, habits, etc. that might jeopardise the tour (health problems, chronic illness,
allergies and the like).


If the Passenger is prevented from travelling, he/she may designate a third person as the replacement Passenger
to use the contracted services in his/her place and shall notify the Carrier thereof in writing. The Carrier shall
accept the third person that is named as the replacement Passenger if the notification is provided in a timely
manner, if the third person satisfies all the prescribed conditions of the trip, if there are no {egal or other
regulatory impediments preventing the replacement of the Passenger, and if it possible to change the booking.
Before the excursion starts, the replacement Passenger or the Passenger shall compensate the Carrier for any
additional costs caused by the replacement of the Passenger, if any.


The Carrier is not responsible for the carriage of luggage and shall not be liable for damage to or loss of luggage
nor for theft of luggage or valuables in the means of transportation. Luggage is not covered by the contract and
may be subject to surcharges. A request for the carriage of luggage shall be made in advance. The Carrier shall
make every effort to meet the Passenger’s request for the carriage of luggage made in advance, but cannot
guarantee that the request will be granted. The Carrier reserves the right not to accept additional luggage due
to deadweight tonnage limitations. The Carrier shall not be liable for any cost or damage suffered by the
Passenger on that account. The Passenger shall take care of his/her personal effects brought to the cabin or the
boat and shall take them along every time he/she leaves the means of transportation. Otherwise, the Passenger
shall be liable for theft, loss, or damage to the belongings left unattended in the boat cabin or on the boat.
Carriage of pets is not allowed, except in exceptional cases, upon request and subject to a surcharge. The Carrier
cannot guarantee that such a request will be granted.


If the Passenger makes a complaint during the trip because of failure to provide a booked service, he/she shall
follow the Carrier’s instructions in order to eliminate the cause for the complaint in the place of supply of services.
In case of failure to supply or improper supply of services of the Carrier from the agreed itinerary, the Passenger
may initiate the complaints procedure set out in these General Terms and Conditions for the purpose of
elimination of such irregularities. The Passenger shall make a complaint about the inadequate service to the boat
crew immediately after noticing an oversight in the place of supply of service. The Passenger shall cooperate with
the Carrier’s representative and the service provider in good faith with the aim of eliminating the cause for the
complaint. If the Passenger does not accept on the spot the offered solution to the complaint that corresponds
to the booked service, the Carrier shall not be required to acknowledge a subsequent complaint of the Passenger.
At the latest upon return from the trip, the Passenger shall file a written complaint at the point of sale at which
he/she paid for the service. The Passenger shall explain and present the allegations from the complaint. The
Carrier shall solve only fully documented complaints received by the specified deadline (same day upon return
from the trip) and shall make a written decision on the Passenger’s complaint within 15 days of receipt of the
complaint from the point of sale. The Carrier may extend the deadline for the resolution of the complaint by
additional 15 days in order to collect information and check the allegations from the complaint. In the period
until the Carrier brings the decision, which is to be made at the latest within 30 days from the date when the
complaint was made, the Passenger waives the mediation of any other institution or judicial institution and also
waives the right to provide information to the newspapers and the media. Likewise, in the mentioned 30-day
period the Passenger waives the right to sue. The price may be proportionally reduced on account of the
complaint by no more than the price of the services not provided, while the damages arising from non-fulfilment,
partial fulfilment or improper fulfilment of obligations shall be limited to the amount of carriage fare. The
Passenger’s right to the campensation of actual damage is hereby excluded. Each Passenger shall file a separate
complaint. The Carrier retains the right to reject group complaints, late complaints, and those for which it is
established that the cause could have been eliminated in the place of supply of service had the Passenger
cooperated with the Carrier’s representative (boat crew).


All the itineraries where the Carrier is the main organiser are subject to these General Terms and Conditions,
except in cases where the Carrier is an agent and not the main organizer. Such itineraries shall be clearly marked
and shall be subject to the general terms and conditions of the responsible organiser. The Carrier shall not be
responsible for the supply of services by other organisers.


This version of the General Terms and Conditions includes all earlier versions. Possible/agreed departures from
these General Terms and Conditions shall be indicated in the itinerary. By purchasing the service, a Passenger
who is the parent of a minor-passenger states under penalty that the other parent is aware and expressly agrees
with the Service Contract. Buying the service, the Passenger voluntarily makes available his/her personal data to
the Carrier and allows that the data be used for the purpose of implementing the itinerary and protecting the
Passenger’s interests in all activities related to the booked service. This also includes forwarding personal data
to third persons in the cauntry and abroad who are indispensable for the realisation of the booked service.
Personal data may be used also for further mutual communication and delivery of marketing messages of the
Carrier. The Carrier undertakes to store personal data in a database, in line with the Carrier’s decision on the
method of collecting, processing, and keeping personal data.
By purchasing the carriage service, the Passenger confirms that:

e the organiser has provided him/her with information on basic formalities related to the trip and sojourn at
the destination before conclusion of the contract.

* he/she was offered and recommended to take out a travel accident, health, luggage loss and damage
insurance, voluntary health insurance during the trip and while onboard, trip cancellation insurance, and
insurance covering assistance costs and return of the Passenger to the point of departure in case of accident
and illness, and that he/she is familiar with the content of insurance. In the case that the Passenger demands
the mentioned insurances, they can be taken out directly with one of the insurers. Upon purchase of the
carriage service and the agreed itinerary, it is considered that the mentioned insurances have been offered
and recommended to the Passengers. The parties undertake to resolve potential disputes amicably. Where
this is not possible, they shall submit the dispute to the competent court in Split and Croatian law shall apply.

Split, 15 January 2019 Navegar tours d.o.o.

Kranjéeviceva 2, Split