BOOKING TERMS AND CONDITIONS

This document sets out the standard booking terms and conditions of Poslovni turizam – PA d.o.o. (referred to in this document as ‘Poslovni turizam – PA d.o.o.’ and trading as ‘Sailing.hr’), a company registered in Croatia with the number 080694057 whose registered address is Lopatinečka 19, 10 000 Zagreb.

Please ensure that you read this document in full before booking. Important sections are underlined.

Any references to ‘you’ are to you, the holidaymaker, who has contracted with Poslovni turizam – PA d.o.o. either in your own right or on behalf of others.

 

THE NATURE OF THESE TERMS

    1. These terms and conditions will form the basis of the contract between you and Poslovni turizam – PA d.o.o.
    2. Poslovni turizam – PA d.o.o. reserves the right to make reasonable changes to these terms and conditions at any time where such changes are necessary (for instance, in the case of a change in the applicable laws or regulatory requirements). Such changes will take effect when the updated terms and conditions are uploaded to Sailing.hr website.

 

BOOKING PROCEDURE

    1. To make a booking, the individual nominated by the group of guests that constitute the members of that individual’s crew (‘the Crew’) to be the main point of contact between Poslovni turizam – PA d.o.o. and the Crew (‘the Organizer’) should complete the online form on Sailing.hr website. The action of completing this online form confirms that the group and the Organizer agree that:

a) any advertisements on the Sailing.hr website constitute an ‘invitation to treat’ in English law;

b) that by filling out a booking you will be making an offer to us;

c) that Poslovni turizam – PA d.o.o will contact you as soon as possible to confirm availability, the total price due under the contract, the date when your deposit will be due and the details of the payment plan;

d) that Poslovni turizam – PA d.o.o. reserves the right to cancel any booking within the period of two working days from the time of completion of the online form should the yacht selected under that booking be unavailable for any reason whatsoever; and,

e) that Poslovni turizam – PA d.o.o. is not liable to reimburse the Organizer or the Crew for any transport costs (including airline costs) incurred by the Organizer or the Crew within the period of two working days from the time the Organizer filled out the online form on Sailing.hr website where the booking is cancelled under clause 3(d). Therefore, the Organizer and the Crew are advised to make any necessary transport arrangements following the expiration of 24 hours (or one working day if the booking is made on a weekend) from the time of completion of the online form.

  • The Organizer confirms that through making a booking via the Sailing.hr website he or she has the authority to act on behalf of the Crew and that each member of the Crew has read and agreed to all relevant terms and conditions. This is a condition of making a booking with Poslovni turizam – PA d.o.o. If the Organizer does not comply with this condition, Poslovni turizam – PA d.o.o. reserves the right to cancel the booking without any refund whatsoever.
  • No Organizer may make more than one booking per event week without express written permission from Poslovni turizam – PA d.o.o. Permission may be granted from Poslovni turizam – PA d.o.o.’s Sales Department. This does not apply to guests attending an event week as part of the Crew.
  • Unless otherwise agreed by Poslovni turizam – PA d.o.o., the Organizer must be a guest, skipper or hostess on the boat he or she has booked. All guests, including the Organizer, must be at least 18 years of age.
  • Poslovni turizam – PA d.o.o. does not accept liability for the costs associated with any errors in your confirmation email that are not brought to our attention within five working days of the date of that confirmation email. Poslovni turizam – PA d.o.o. reserves the right to correct any obvious errors in a confirmation email as soon as we become aware of them.

 

 

CHECKING-IN

 

  • Upon arrival at your base marina, you will be required to produce proof of identification.
  • In these terms and conditions, the ‘Booking Ratio’ refers to any Crews’ gender ratio applicable to or otherwise prevailing at the time the Organizer made the relevant Sailing.hr holiday booking, whereas the ‘Checking-In Ratio’ refers to any Crews’ gender ratio at the time of checking in at any Sailing.hr check-in venue. In the event the Checking-In Ratio does not conform to the Booking Ratio, Sailing.hr reserves the right to apply a EUR 150 administration fee onsite to adjust the Checking-In Ratio to conform to the Booking Ratio. The EUR 150 administration fee shall apply to each and every guest which requires adjustment and shall not be blanket administration fee applicable to the booking as a whole. By way of example, if a crew of ten persons has a Booking Ratio of 50/50 males to females, then an administration fee of EUR 300 shall apply in the event the Checking-In Ratio is 70/30 males to females.

 

 

PRICING

 

  • Poslovni turizam – PA d.o.o. reserves the right to change the price of your booking before your booking is confirmed. Any such changes will be communicated to you. Poslovni turizam – PA d.o.o. reserves the right to correct pricing errors after confirmation.
  • All payments made by Visa, Meastro and MasterCard through the payment getaway WSpay will be effected in Croatian currency. The amount your credit card account will be charged for is obtained through the conversion of the price in Euro into Croatian kuna according to the current exchange rate. When charging your credit card, the same amount is converted into your local currency according to the exchange rate of credit card associations. As a result of this conversion there is a possibility of a slight difference from the original price stated in our web site.
  • Poslovni turizam – PA d.o.o warrants and guarantees that:

 

a) Up to and until 30 days before your departure date, the price of your booking will not be subject to any surcharges except variations in dues, taxes and fees; and exchange rates.

b) Within 30 days of your departure date, the price of your booking will not be subject to any surcharges.

c) Poslovni turizam – PA d.o.o. will absorb any increase of less than 2% of the purchase price. You will only be charged for the increase over and above 2%.

d) If a price increase means you will have to pay an additional sum greater than 10% of the cost of your booking, you will have the option of: accepting a change to another holiday if we are able to offer one (we will refund any price difference if the alternative is of a lower value); or cancelling and receiving a full refund of all monies paid (excluding any amendment charges) provided the decision to cancel is made within fourteen days of being informed of the price increase.

e) Should the price of your booking decrease by more than 2% of your booking cost due to the changes mentioned above then any refund due will be paid to you. Please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.

 

PAYMENTS

 

  • You will pay Poslovni turizam – PA d.o.o. the gross sum owed. This includes the cost of the service(s) provided and Poslovni turizam – PA d.o.o.’s administration fee.
  • All payments made by Visa, Meastro and MasterCard through the payment getaway WSpay will be effected in Croatian currency. The amount your credit card account will be charged for is obtained through the conversion of the price in Euro into Croatian kuna according to the current exchange rate. When charging your credit card, the same amount is converted into your local currency according to the exchange rate of credit card associations. As a result of this conversion there is a possibility of a slight difference from the original price stated in our web site.
  • The payment instalment plan will vary depending on the event week you have booked. The information is available on the ‘Bookings and Payments’ page of Sailing.hr website. For the majority of the events the payment instalment plan for both yacht and cabin bookings shall be:

 

a) the first payment of 30% of the total cost must be paid within 24 hours from booking;

b) the second payment of 30% of the total cost must be paid no later than 90 days before the event begins (check your booking to see the exact date); and,

c) the third payment of 40% of the total cost must be paid no later than 60 days before the event beings (check your booking to see the exact date).

  • Failure to pay an installment by a payment due date confers on Poslovni turizam – PA d.o.o. the right to cancel the booking with no refund.
  • Guests may pay the entire amount owed in one lump sum.
  • It is the guests’ responsibility to check the payment due dates and ensure that payments have been made in accordance with the payment instalment plan. Any delay in making a payment may result in your booking being cancelled by Poslovni turizam – PA d.o.o. without a refund. If you are likely to be unable to make a payment on time you must contact Poslovni turizam – PA d.o.o. as soon as possible to request an extension to the relevant payment due date. If such an extension is agreed, Poslovni turizam – PA d.o.o. will communicate this to you in writing.
  • The first payment due date is no later than 24 hours from the time you have made your booking. If you made a payment by a credit card, at the moment of your booking there would be only a hold place on your card. If you don’t make any cancellation of the booking within 24 hours in written form, your credit card will be charged 24 hours after you made a booking. Once your payment went through you will receive a Booking confirmation. Should you pay via bank wire, you need to send us a payment confirmation no later than 24 hours from your booking. If the first payment is not made, the booking will be automatically cancelled and reopened for bookings from other guests.
  • As soon as the first payment is made a contract will automatically arise between you and Poslovni turizam – PA d.o.o., granting both parties respective duties and obligations under that contract.
  • If payments are not made from an account/card in the name of the Organizer, Poslovni turizam – PA d.o.o. reserves right to request authorization from the account holder.

 

 

CANCELLATION AND VARIATION POLICIES

Variations by Poslovni turizam – PA d.o.o.

 

  • As Poslovni turizam – PA d.o.o.’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 in order to make the booking work. You will be notified before any such changes are made provided you have already made a booking.
  • If major changes to your booking are needed, you will be notified as soon as is reasonably possible. In this instance you will be able to either:

 

a) cancel the booking with a refund of all sums you have paid less cancellation charges within the meaning of clauses 29 and 30 (‘Refundable Sums’);

b) choose to accept the changes; or,

c) make an entirely new booking.

e) You must inform Poslovni turizam – PA d.o.o. of your decision within three days of being informed of the changes made to your booking. If no action is taken Poslovni turizam – PA d.o.o.  shall be entitled to infer that you have chosen to accept the changes. No major changes within the meaning of this clause 23 will be made within the period of fourteen days prior to the commencement of your booking unless these changes are necessary as a result of force majeure.

 

Cancellation by Poslovni turizam – PA d.o.o.

 

  • Poslovni turizam – PA d.o.o. reserves the absolute right to cancel your booking under any circumstances. If Poslovni turizam – PA d.o.o. cancels your booking under this clause 24 you will be entitled to a full refund of all Refundable Sums. Alternatively, you may choose to accept another booking of the same type and quality as a replacement for the cancelled booking. If you accept Poslovni turizam – PA d.o.o.’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.
  • Poslovni turizam – PA d.o.o. will not cancel your booking under clause 24 after the balance due date unless you default in the payment of the balance or such cancellation is necessary as a result of force majeure.
  • Poslovni turizam – PA d.o.o. reserves the right to cancel your booking without any refund if you do not meet your obligations under clause 4 (Organizer’s authority to act on behalf of other guests); clause 9 (conformity with Booking Ratio); clause 16 (Failure to pay an installment by a payment date); clauses 37 to 40 inclusive (change of customers); clause 53 (hazardous behaviour); and clauses 78 and 79 (reselling).
  • Poslovni turizam – PA d.o.o. reserves the right to cancel your booking without any refund if circumstances arise that make the booking impossible which are out of Poslovni turizam – PA d.o.o.’s control or which Poslovni turizam – PA d.o.o. could not have prevented. Some examples of such situations are dangerous weather conditions, fire, natural disaster, industrial actions, war, and riots. There may be many other such situations.

 

 

Cancellation by You

 

  • If you decide to cancel your booking, the Organizer must inform Poslovni turizam – PA d.o.o. in writing as soon as possible. Your booking will not be cancelled until Poslovni turizam – PA d.o.o. receives your notice of cancellation in writing. If you transmit this written notice by email, then you must follow up via telephone during Poslovni turizam – PA d.o.o.’s normal office hours (any week day except a public holiday between the hours of 0900 – 1700 in Croatian time) to check that the email has been received.
  • If you cancel your booking to a Sailing.hr event the following minimum cancellation charges (as a percentage of the total booking cost) will apply:

 

Yacht bookings

a) from booking date to 61 days before event date – 30%

b) from 60 to 35 days before event date – 50%

c) within 34 days of event date – 100%

Cabin bookings

a) from booking date to 81 days before event date – 30%

b) from 80 to 51 days before event date – 60%

c) between 50 days and event date – 100%

You will also be liable to pay any cancellation charges imposed by suppliers or any other costs incurred by Poslovni turizam – PA d.o.o.. Poslovni turizam – PA d.o.o. may use money that you have previously paid to cover cancellation charges or to pay charges imposed by a supplier without refund to you. Poslovni turizam – PA d.o.o. will take reasonable steps to ensure that all costs and losses are kept to a minimum.

 

  • Without prejudice to clauses 28 and 29, in the event any Refundable Sums are due to you under these terms and conditions, Poslovni turizam – PA d.o.o. reserves the right to apply an administration fee equivalent to 5% of the value of the total of the Refundable Sums. If Poslovni turizam – PA d.o.o. exercises this right the administration fee shall be withheld by Poslovni turizam – PA d.o.o. and will not be paid to you.
  • Without prejudice to your statutory rights, Poslovni turizam – PA d.o.o. strongly advises against you issuing a so-called ‘chargeback’ or other claim in accordance with section 75 of the Consumer Credit Act 1974 (‘Chargeback’) without first contacting Poslovni turizam – PA d.o.o. Poslovni turizam – PA d.o.o. is committed to excellent customer service and has in place robust cancellation and variation policies as described in these terms and conditions so there is no need for you to issue a Chargeback. In the unlikely event you do issue a Chargeback, then without prejudice to clauses 29 and 30, Poslovni turizam – PA d.o.o. reserves the right to apply an administration fee equivalent to 5% of the value of the total of the Chargeback. If Poslovni turizam – PA d.o.o. exercises this right the administration fee shall either be withheld by Poslovni turizam – PA d.o.o. and will not be paid to you, or shall be applied to any consecutive invoice issued by Poslovni turizam – PA d.o.o. (the whole price of the booking must be paid in full 60 days before the event begins). Poslovni turizam – PA d.o.o. will take formal legal action against you if you issue a Chargeback in a fraudulent manner to avoid paying any cancellation fees or administration fees under these terms and conditions.
  • Your travel insurance policy may cover cancellation charges, please check your individual policy for details.

 

 

Variation by You

 

  • If you would like to change any aspect of your booking, the Organizer must inform Poslovni turizam – PA d.o.o. as soon as is reasonably possible. You will be responsible for the additional costs we incur in catering for the changes you request. Cancelling a skipper or hostess before full payment is made to Poslovni turizam – PA d.o.o. will incur a EUR 80 administration fee.
  • Please note that Poslovni turizam – PA d.o.o. may not be able to cater to all changes you might wish to make. All changes will be subject to availability and will be made at Poslovni turizam – PA d.o.o.’s discretion.
  • Changes of yachts or dates will be treated as cancellations and charges will be applied in accordance with clause 29. However, in the event that 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.

 

 

Adding skipper/hostess

 

  • Adding a skipper or hostess after the final payment date will incur additional charges in line with the cost incurred by Poslovni turizam – PA d.o.o.. These charges will vary according to destination and supply.

 

 

Change of Customer

 

  • If the Organizer or any member of your Crew no longer wish to participate in the charter or benefit from the services booked, Poslovni turizam – PA d.o.o. may, subject to availability, agree to a substitute customer being added to the booking. You should notify Poslovni turizam – PA d.o.o. in writing at least 14 days before the date of your trip of your intention to substitute a person on the booking. However, this is subject to Poslovni turizam – PA d.o.o.’s written acceptance of the arrangement and both the leaving and the substitute parties accepting joint and several liability for full payment of any sums outstanding for the booking.
  • Poslovni turizam – PA d.o.o. may charge you an administration fee of EUR 25 per Organizer or Crew member name change. Poslovni turizam – PA d.o.o. retains the absolute right to refuse to accept the substitution.
  • Without prejudice to the applicability of clauses 9 and 39 (or any other clause in these terms and conditions) Poslovni turizam – PA d.o.o. reserves the right to apply a EUR 200 administration fee in the event you request any manual change to be made to your booking. For the avoidance of doubt, manual changes are those changes which must be authorized by Poslovni turizam – PA d.o.o. and implemented on an ad-hoc basis by a member of Poslovni turizam – PA d.o.o.’s staff. The EURO 200 administration fee shall apply per manual change and shall not be a blanket administration fee applicable to a bundle of manual changes.
  • In requesting a change of customer pursuant to clauses 38 to 40 inclusive, the Organizer must confirm that the new guest has read and agreed to these terms and conditions.

 

 

YACHT SPECIFICATIONS

 

  • You can find specifications, measurements, inventories and other data relating to yachts on Sailing.hr website. However, Poslovni turizam – PA d.o.o. cannot guarantee that the yacht will meet the exact details described on the website. Since this information is provided by the charter company, you should liaise with the charter company regarding any discrepancy between the description on Sailing.hr website and the yacht you are given.
  • Pictures of yachts are intended only to give a general idea of the type of yacht you are chartering. Sometimes there are differences between the yacht shown in a picture on the website and the yacht you are given by the charter company. Since these pictures are provided to Poslovni turizam – PA d.o.o. by the charter companies, Poslovni turizam – PA d.o.o. cannot guarantee that your yacht will be the same as the one shown in the picture on our website. However, Poslovni turizam – PA d.o.o. takes misrepresentation very seriously. If you believe that a picture on Sailing.hr website is misleading, please inform Poslovni turizam – PA d.o.o.  as soon as possible so that steps can be taken to fix the situation. Should you wish to pursue a claim for misrepresentation you agree that the charter company shall be the proper defendant for the purpose of any legal proceedings.

 

 

SUPPLIERS’ TERMS

 

  • Each supplier will have their own terms and conditions. If you make a booking through Poslovni turizam – PA d.o.o. this will be taken as irrefutable evidence that you have read and agreed to your yacht suppliers’ terms and conditions. Some suppliers’ terms will limit or exclude liability on the part of the relevant supplier and, by virtue of their application to your contract with us, these will also limit or exclude our liability to you. If you need any help locating and reading suppliers’ terms, please contact Poslovni turizam – PA d.o.o. through the ‘Contact Us’ section of Sailing.hr website at www.sailing.hr.

 

 

YACHT DEPOSIT

 

  • Upon arrival, the yacht charter company may require a deposit to cover additional cleaning, loss, or damage caused to the boat. This will be refunded (less any sums deducted) at the end of your trip and payment can usually be made by credit or debit card although some yacht charter companies accept cash only. This arrangement shall be strictly between you and the charter company. Poslovni turizam – PA d.o.o. cannot accept liability for the return or loss of such monies.
  • At check-in you may be required to sign the charter company’s terms.
  • Poslovni turizam – PA d.o.o. makes no representation regarding any vessel’s seaworthiness or the state of any ancillary equipment. Such representations may only be made by the supplier of the vessel or equipment.

 

 

CHECKING-OUT

 

  • If not the whole crew, the Organizer and the person who paid the deposit (unless they are the same person), must be present at check out. If absent, should the charter company deduct any sums from your deposit for damage to the yachts, the skipper will not be in a position to argue the costs not attributable to him and will be forced to sign off on the damages in order to proceed with check-out. As a result, the crew risk losing their deposit and Poslovni turizam – PA d.o.o. cannot accept liability for the return or loss of such monies (see clause 45).

 

 

ITINERARY

 

  • The itinerary, as provided to you, may be affected by weather conditions (e.g. 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, Poslovni turizam – PA d.o.o. cannot be held liable for deviations in the itinerary due to circumstances out of our control.

 

 

TRANSFERS

 

  • Your booking does not include transport to and from your home country, coach transfers between the airport and the marina, or any other type of transport unless it is stated on Poslovni turizam – PA d.o.o.’s website as included in the package.

 

 

PASSPORTS AND VISAS

 

  • It is your responsibility to have valid travel documents. You must ensure that you have a valid passport and any necessary visas to enter any country you are visiting, including transit stops, prior to your departure.
  • Poslovni turizam – PA d.o.o. cannot help you to obtain the correct passports, visas, or other documentation that you might need to enjoy the booking made through Poslovni turizam – PA d.o.o..

 

 

TRAVEL INSURANCE

 

  • Poslovni turizam – PA d.o.o. does not sell or organise travel insurance. However, you must buy travel insurance before going on holiday. If you are sailing, 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. It is a condition of your booking that you have a suitable travel insurance policy in place. Poslovni turizam – PA d.o.o. accepts no liability to those who travel without travel insurance in breach of this clause.

 

 

YOUR BEHAVIOUR/RESPONSIBILITIES

 

  • If, in our reasonable opinion or the reasonable opinion of the provider of any part of the services to which your booking relates, 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, Poslovni turizam – PA d.o.o. will have the right to cancel your booking without paying you any refund. This means (among other things) that your skipper could refuse to continue to work and that you could be made to leave a yacht you have booked at any time during your booking.
  • External speaker systems are not permitted. Music must not be played in marinas after 8pm.
  • The nature of some of the activities you may choose to participate in during your holiday may involve a degree of personal risk. You accept these risks and accept that you are responsible for your own actions.
  • Poslovni turizam – PA d.o.o. acknowledges that guests may wish to consume alcohol. You must, however, do so responsibly and Poslovni turizam – PA d.o.o. accepts no liability to you for any injury, loss or damage you suffer as a result of your judgment being impaired wholly or partly by alcohol or drugs.
  • Poslovni turizam – PA d.o.o. operates a zero tolerance drug policy. If you are found in possession of illegal substances, Poslovni turizam – PA d.o.o. reserves the right to cancel your booking without paying you a refund. This means (among other things) that you could be made to leave the yacht you have booked at any time during your booking. Poslovni turizam – PA d.o.o. reserves the right to inform the relevant law enforcement authorities as we see fit.
  • If you choose to add a skipper to your booking, you accept that the skipper is in charge of the yacht. The skipper 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. Poslovni turizam – PA d.o.o. will not be liable for any itinerary changes made by the skipper in the interests of safety and guest experience.

 

 

IMAGE COLLECTION

 

  • Poslovni turizam – PA d.o.o. may collect still and video images of you during the course of your holiday for advertising and promotional purposes. By booking through Poslovni turizam – PA d.o.o. you agree that such images may be collected and used by Poslovni turizam – PA d.o.o. however Poslovni turizam – PA d.o.o. sees fit including commercial use and sale of the images. The images may be cropped, altered, combined or otherwise edited. You also agree that Poslovni turizam – PA d.o.o. will retain ownership of all rights in connection with such images.
  • If you do not wish to be on camera or video this should be brought to the attention of Poslovni turizam – PA d.o.o. by sending an email to info@sailing.hr before the commencement of your holiday. This should include the name and contact details of the person who does not wish to be photographed or videoed along with your booking number and contact details.

 

 

OUR RESPONSIBILITY

 

  • Poslovni turizam – PA d.o.o. 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.
  • Poslovni turizam – PA d.o.o. 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. You agree that overseas safety standards or the standard of any component of your package holiday booking may differ from those in your home country and in some instances may not meet the standards you are accustomed to at home (i.e. including but not limited to air-conditioning, refrigeration, Wi-Fi and lavatories).
  • Our obligations, and those of our suppliers, in respect of reasonable care will be complied with in accordance with local law or, in the absence of this, local custom. Compliance with any applicable regulatory requirements will constitute proper performance on the part of Poslovni turizam – PA d.o.o. in the discharge of their duties and obligations under these terms and conditions.
  • Poslovni turizam – PA d.o.o. will not be liable where any failure was due to:

 

a) the acts and/or omissions of the person(s) affected;

b) the acts and/or omissions of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable;

c) unusual and unforeseeable circumstances beyond our control (for example, adverse weather conditions and congestion), the consequences of which could not have been avoided even if all due care had been exercised; or, d) an unusual event which either ourselves or the supplier of the service(s) in question could not have foreseen or avoided even with all due care.

  • Our liability is, in all cases save for death or personal injury, limited to twice the price of the holiday booked. Any sum received by you from suppliers will be deducted from any sum paid to you as compensation by us.
  • Poslovni turizam – PA d.o.o. will not be liable for the compensation of any lost flights or reimbursement of flight costs where flights are lost due to circumstances out of our control (for example, due to adverse weather or congestion).
  • 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 Poslovni turizam – PA d.o.o. will have to pay you will be limited in accordance with any relevant international conventions.
  • You are obliged to assist Poslovni turizam – PA d.o.o. in recovering from any third party any sum that may compensate us for any sums we pay to you. In particular, you are obliged to assign to 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.
  • Poslovni turizam – PA d.o.o. and those associated with it are not responsible for organizing activities, excursions etc. onsite. Such activities will not form part of your package arrangements. If you suffer illness or injury whilst overseas arising out of an activity that does not form part of the contractual package arrangements, we are not responsible for the provision of the excursion or activity or for anything that happens during the course of its provision by the operator.
  • Other than as is detailed in these booking terms and conditions, 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.
  • Making a booking signifies your acceptance of the terms and conditions of Sailing.hr general waiver. This is available to view here.

 

 

COMPLAINTS

 

  • Poslovni turizam – PA d.o.o. maintains the highest standards in choosing yacht supplier partners. If you are unhappy with the performance of any element of a booking made through Poslovni turizam – PA d.o.o., you must address your complaints to a member of Poslovni turizam – PA d.o.o.’s staff as well as the supplier at the earliest possible opportunity. We will then attempt to find an appropriate solution. Please allow us a reasonable opportunity to rectify the problems you are experiencing. Many complaints can be rectified on the spot or will be referred to a more senior member of staff. Failure to register a complaint at this time is likely to affect your right to compensation.
  • If you are dissatisfied with how your complaint was addressed please contact our Zagreb office within 28 days using the contact details provided on Sailing.hr website.

 

 

DISABLED CUSTOMERS AND CUSTOMERS WITH SPECIAL REQUIREMENTS

 

  • It is important that you tell us about any special needs and requirements so that suitable arrangements can be made. Poslovni turizam – PA d.o.o. cannot be held responsible if you fail to tell us about special needs/requirements that may impact upon your holiday. As such, we will not compensate you in these circumstances. If you need support or advice prior to booking, please contact us prior to booking using the contact details available on our website.
  • If you have a medical condition, mobility problem or a disability which may affect your holiday, we may require a doctor’s certificate or other documentation relating to such condition, problem or disability. Please provide us with full details of any such condition, problem or disability in writing at the time of booking.

 

 

DATA PROTECTION

 

  • Poslovni turizam – PA d.o.o. will use your personal data for the purpose of administration, statistical analysis, assessment and analysis, marketing, host mailing, customer services, customer profiling, analyzing your purchasing preferences, and improving services. Poslovni turizam – PA d.o.o. 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 Poslovni turizam – PA d.o.o. holds about you, for which Poslovni turizam – PA d.o.o. may charge a small fee, and to correct any inaccuracies in your information.
  • Poslovni turizam – PA d.o.o. maintains a full privacy policy which may be viewed on Sailing.hr website. By booking through Poslovni turizam – PA d.o.o. you agree to the terms of that privacy policy.

 

 

RESELLING

 

  • Poslovni turizam – PA d.o.o. does not permit reselling of its products without prior written consent. Poslovni turizam – PA d.o.o. does, however, work with a select group of tourist agencies who promote Poslovni turizam – PA d.o.o.’s products in various locations.
  • If you believe your booking may have been resold in breach of these terms and conditions, please contact Sailing.hr Sales Department forthwith.

 

 

ENFORCEMENT

 

  • No failure or delay by Poslovni turizam – PA d.o.o. in enforcing these terms shall prevent Poslovni turizam – PA d.o.o. enforcing them at a later date 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 at a later date.

 

 

FINANCIAL PROTECTION

 

  • If the booking address discloses that the Organizer is an EU resident then, in accordance with the Package Travel Regulations, all passengers under that booking with Poslovni turizam – PA d.o.o. are fully protected through a Financial Failure Insurance Policy for 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 due to the insolvency of Poslovni turizam – PA d.o.o.

 

 

SEVERABILITY

 

  • If any provision or part of a provision, of these booking 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 booking conditions and the remainder of these booking conditions will apply as if the offending provision or part-provision had never been agreed.

 

 

ASSIGNMENT

 

  • You may not transfer or assign any of your rights or obligations under these booking conditions without Poslovni turizam – PA d.o.o.’s prior written consent.

 

 

JURISDICTION

 

  • Your contract with Poslovni turizam – PA d.o.o. shall be governed exclusively by the law of Croatia. 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).