Terms and conditions
BOOKING TERMS AND CONDITIONS
YOUR CONTRACT IS WITH VIBE CROATIA LIMITED. Please read the following booking conditions carefully as they set out the terms and conditions of the contract between us.
By making a booking, you confirm that you have the authority to accept these booking conditions and that you actually do so on behalf of your travel group. A contract will exist as soon as our Service Agreement has been signed or when a deposit payment has been received, whichever is the earlier. The provisions of these booking conditions, which are subject to English law and the exclusive jurisdiction of the English courts, constitute the terms of the contract.
A. The Customer agrees that the service provider Vibe Croatia Ltd has the necessary experience and abilities to provide the services required.
B. Vibe Croatia LTD is agreeable to providing such services to the customer on the terms and conditions set out in this Agreement.
C. The person who signs the Service Agreement is defined by Vibe Croatia LTD as the Group Leader (GL). GL must be 18 years of age or over and is responsible for payment of the total booking price, including any subsequent cancellation or amendment charges that may be payable. GL agrees to provide accurate and full information to the remainder of the Travel Group in relation to the booking, including any changes thereto and confirms that all the other members of the Travel Group, including any that may be added at a later date, agree to be bound by these conditions.
Responsibilities of Group Leader:
The Group Leader (GL) responsibility:
It is the duty of the GL to ensure all travellers have valid acceptable passports including (if applicable) any required visa, and any other documentation where asked for such as Advance Passenger Information.
The GL confirms that for all travellers under 18 years of age Client have made their parents or guardians, as the case may be, fully aware of this booking and of these Terms and Conditions and that they have agreed to them.
Once this contract is signed, Client represent to us that Client are authorised to sign it on behalf of everyone who is booked for the tour.
All estimates are subject to availability and you will be advised of the current price of the booking by means of a quotation provided to you by Vibe Croatia LTD.
Prices in quotations are valid until the date stated on the quotation. After this date we reserve the right to change the price of the quotation. If any of the details of your tour change during the valid quotation period we reserve the right to change the quotation.
If your tour/experience requires a minimum or maximum number of participants in order to sustain a price, this will be clearly stated. If you ask us to quote you a price in your local currency and we agree to do so, we will indicate to you the terms relating to the validity of that price on the Service Agreement and/or the first invoice.
We will agree a payment schedule with you at the time of your booking. We will require a deposit payment in order to secure your booking. In any event, full payment of all outstanding amounts will be required at least 28 days before the travel itinerary commences.
DEPOSIT: The Company will require a deposit payment in order to secure Client booking.
Receipt of that payment by us is confirmation that Client booking has been accepted.
CANCELLATIONS AND TOUR CHANGES: The Client may not withdraw from it except as permitted by the Terms of this Contract. The Company will accept a cancellation by Client providing that:
Any cancellation must be made in writing and the payments below are made.
Any cancellation by Client will be effective from the date of physical receipt by us. The date on which cancellation is received by us or our agents will determine the cancellation charges applicable.
The cancellation charges are expressed as a percentage of the total tour price and based on the number of days’ notice before date of departure. These charges are as follows:
Cancellations made more than 7 days prior to travel receive an 80% refund. Cancellations made 7 days or less prior to travel attract a 100% cancellation fee. This cancellation policy applies for all tours otherwise stated.
REFUND POLICY: The deposit paid shall be non-refundable.
Further, if the client misses any of their booked experiences/planned tours, any fees paid on account of deposit or additional fees/costs are deemed non-refundable.
No refunds will be given for missed or unused services such as hotel rooms, meals, and sightseeing trips or included activities irrespective of the reason why Client have missed or not used the services
INSURANCE: Adequate and valid travel insurance is compulsory for all bookings made with Vibe Croatia LTD and the Client must have obtained such travel insurance by the date of departure. The Company shall require Client to provide us with evidence of Client insurance cover.
RISK: At all times the decision of the tour leader or representative will be final on all matters likely to endanger the safety and wellbeing of the tour. Client must at all times strictly comply with all laws, customs, and foreign exchange and drug regulations. Should Client fail to do so then Client may be ordered to leave the tour without any refund and without any legal claim against us.
CHANGES TO CLIENT ITINERARY
The outline itinerary provided for each tour must thus be interpreted as an indication of what each trip may achieve rather than as a contractual obligation on our part. We or our agents will make the final decision on the itinerary and conduct of any tour in the best interests of the group/or clients as a whole. It is understood that due to events beyond our reasonable control, the route schedules, itineraries, amenities, and mode of transportation may be subject to change without prior notice.
If the Company accepts a request to transfer Client from one tour to another Client will be liable for any costs imposed on us by our suppliers for the cancellation of Client original tour.
Additionally, the Company reserves the right to charge an administration fee of 20% of the value of the first tour booked, payment of which would be required before we confirm Client booking for the alternative tour.
Client must confirm in writing the alterations Client require.
If Client increase or reduce the numbers traveling in the Travel Group from those originally booked, this may have an effect on the overall price.
The company shall not be liable for any reimbursement of paid sums whereupon the services herein are frustrated by floods, rains, mud, bad weather, strike, Government Policy or any Act of God not foreseeable by the Group Leader.
Vibe Croatia LTD will not be liable or culpable for any injuries or loss that might result from the companies that provides the transportation for Client travel arrangements and the component parts of Client tour itinerary. Such claims can only be raised in good faith with and entertained by the transport companies.
The Company shall not be liable for the Customer’s security. Whereupon there is an apprehension of danger, the Company shall be under a duty to disclose the same to the Customer to enable them make security arrangements with a third party company engaged in those services.
Where the customer’s tour involves adventurous activities, the customer acknowledges that the nature of tour may involve a significant amount of personal risk, including by way of example, personal injury, disease, loss or damage to property, inconvenience, and discomfort.
Should any accommodation be booked via Vibe Croatia LTD, any charges relating to in room phone calls, mini bars, room service or breakages and damages will be the responsibility of the room occupants or the GL to settle at time of check out. Vibe Croatia LTD are not liable for any room charges.
Where the Company rely on third parties or act as an agent, we do not accept responsibility or liability for any failure by any third party or our principal in providing products or services to Client. In the event that such a situation arises.
DIVING TOURS: In addition to any other provisions of these Terms that relating to diving tours, to participate in diving, Client will be required to sign an Information and Disclaimer form in the form required by us.
CANCELLING CLIENT ITINERARY
No refunds shall be given if bookings are not cancelled 7 days prior to the commencement date.
IF WE CHANGE OR CANCEL CLIENT BOOKING
We may occasionally have to make changes or cancel Client booking and we reserve the right to do so at any time.
Changes: If the Company makes a major change to Client itinerary, we will inform Client as soon as reasonably possible if there is time before Client departure. Client will have the choice of either accepting the change of arrangements, accepting an offer of alternative arrangements of comparable standard from us if available, or cancelling Client itinerary and receiving a full refund of all monies paid.
Cancellation: We will only cancel Client itinerary for reasons of force majeure, see below, or failure by Client to pay the final balance by the due date.
Force Majeure: This clause will take effect in the unlikely event that we have to cancel or change Client travel arrangements in any way as a result of unusual or unforeseeable circumstances beyond our control. These can include, for example, war, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, adverse weather conditions, epidemics and pandemics.
COMPLAINTS PROCEDURE: If a problem arises during Client tour/experience, the Client shall be liable to advise the Company immediately and without delay.
If Client complaint is not resolved locally, please follow this up within 28 days of Client return by emailing us at firstname.lastname@example.org.
We will acknowledge receipt of Client email within 3 days of receipt and within 28 days we will send Client a full response to Client complaint.
A 24 hour emergency telephone number will be also provided to Client by the Company.
DOCUMENTS, PASSPORTS, VISA, IMMIGRATION REQUIREMENTS
Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. Please note that the cost of any immunization treatment is not, in any case, included in the cost of the tour.
Vibe Croatia LTD and associates do not take responsibility for behavior of any member or any Tour Group. If the behavior or an individual or individuals is considered likely to cause offence, danger, damage or distress to others, Vibe Croatia LTD reserves the right at all times to cancel or terminate an individual’s or individuals’ entire booking. Great care should be taken to follow all laws and rules while on the tours/experiences, avoid any damage to public and private property and protect against loss or damage to personal belongings. Damage or breakage caused during the itinerary will be charged to the individual.
EXPELLING TOUR MEMBERS
We reserve the right to withdraw services and expel anyone from any tour who is endangering themselves or the environment or negatively impacting the enjoyment of others' tours. If this occurs, Client agrees that Client will not be entitled to any type of refund and that Client will be fully responsible for Client travel arrangements from the point of expulsion.
Client agree that we may use images of Client taken during the trip without recourse Client and without compensation to Client, for publicity and promotion purposes through whatever medium we choose.
If any clause in this agreement is found to be invalid or unenforceable, in part or in whole, for any reason, the validity of the remaining clauses of this agreement will not be affected, and they will remain valid and enforceable.
The invalid or unenforceable provision is replaced with a valid provision that is as similar in substance to the invalid or unenforceable provision as possible. This form supersedes any prior oral or written agreement made in connection with the Tour.
This Agreement shall not be modified by any Party by oral representation made before or after the execution of this Agreement. All modifications must be in writing and signed by all of the Parties hereto.
NO THIRD PARTY BENEFICIARIES.
This Agreement is not for the benefit of any third party that is not referred to herein and shall not be deemed to give any right or remedy to any such third party.
This agreement may be executed in counterparts, each of which would have a different signing page. All signature pages affixed to a copy or the original of this document will be regarded as having been fully executed. Original signatures are equivalent to copies or facsimiles of signatures.
The Company will contact to the Client by e-mail or provide you with information by posting notices on our website. The Client agrees to this electronic means of communication and acknowledge that contracts, notices, information and other communications we provide electronically comply with legal requirements that such communications be in writing.
Any notice required to be given hereunder shall be sufficiently served on all parties if forwarded to their electronic address. A 7-day Notice shall suffice.
WARRANTIES: Each Party acknowledges, warrants and represents that:
Each Party has voluntarily executed this Agreement, without any duress or undue influence being imposed upon each such Party;
Each Party warrants that the person signing this Agreement is authorized and empowered to sign this Agreement on its/his/her behalf, and to bind such Party to the terms of this Agreement
Each Party has read this Agreement;
Each Party understands the terms and consequences of this Agreement and of the terms and conditions set forth herein;
Each Party who is a signatory hereto is of competent and sound mind.
No failure or delay to exercise any power, right or remedy shall operate as a waiver of that right, power or remedy and no single or partial exercise or any right, power or remedy shall preclude its further exercise or the exercises of any other right, power of remedy.
The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
The Client has a duty to maintain their own security in pursuit of the right to self-preservation.
GOVERNING LAW AND JURISDICTION
These terms and conditions and Client booking shall be governed by and interpreted in accordance with English law and shall be subject to the non-exclusive jurisdiction of the English courts.
DISPUTE RESOLUTION: Both Parties agree that any dispute which may arise during the subsistence of this Agreement shall be referred to an accredited Mediator. Mediator shall be appointed by agreement between the parties and in the absence of agreement within fourteen (14) days of the notification of the dispute, then same shall be referred to the Chairperson of theChartered Institute of Arbitrators (CIArb), United Kingdom Chapter for the time being and the decision of such Arbiter shall be final and binding on the parties.
BINDING: Upon Payment of deposit, it shall be the presumption of the Company that the Client has read, understood and agrees to be bound by these terms and conditions.
In relation to the subject matter of this contract, we intend to rely on these Terms and Conditions and any document expressly referred to in them. Although we accept responsibility for claims and representations made by our lawfully authorised agents, please ensure that the client requests a written confirmation of any changes to our Terms and Conditions.
EXECUTION OF CONTRACT:
A contract will be executed as soon as our Service Agreement has been signed or when a deposit payment has been received, whichever is the earlier. Receipt of that deposit payment by the Company is confirmation that your booking has been accepted.