On www.top-private-tours.com is a web page owned and operated by APEX QUEST l.t.d., a Croatian travel agency, tax number / PIN: HR-37965685026, HQ Address: Šižgorićeva 7, 21000 Split; office address: Šibenska 7; 21000 Split, Croatia.
These Terms and Conditions apply to any travel products and/or services purchased from TOP PRIVATE TOURS, in further text “TOP PRIVATE TOURS”, “Agency”, “us”, “our”, and govern the contractual relationship between Client (also regarded as “traveler”, “participant”, “passenger”, “customer”) and TOP PRIVATE TOURS with respect to any such travel products and/or services (hereinafter, the “Products”).
Please carefully read these Terms as by booking any Product with Agency you acknowledge and confirm that you have read and understood these Terms, and, that you accept them without reservation as constituting the entire agreement between you and us which cannot be varied other than by an officer of TOP PRIVATE TOURS in writing. If there is any part of these Terms you do not agree with, you do not make any booking.
If you have confirmed a booking of any of our products for more than one client named and booked on such booking (in further text “group”), you shall be deemed to have accepted these Terms on behalf of all clients named in the booking (including minors and those under a disability). The Client who confirmed the booking is deemed to be the designated contact person for all other clients named in such booking.
By using our website to browse any of our Products, you represent to us that you have read these Terms and you accept them as applicable to you. If you do not understand any aspect of these Terms and Conditions, please contact us.
THE BOOKING CONTRACT
A booking is confirmed, and these Terms shall apply when TOP PRIVATE TOURS, or an authorized agent acting on behalf of TOP PRIVATE TOURS, have received the applicable deposit from the Client and/or the Client has received written confirmation from TOP PRIVATE TOURS of such booking by email. Please check your confirmation carefully and report any incorrect or incomplete information to the Agency or authorized agent immediately.
The Client confirming the booking must be no less than 18 years of age and agrees to provide full, complete, and accurate information as requested by TOP PRIVATE TOURS to confirm such booking.
These Terms and Conditions shall inure to the benefit of and be binding upon TOP PRIVATE TOURS and the Client and their respective heirs, legal personal representatives, successors and assigns, as well as anyone named in any booking made by the booking Client on whose behalf the Client is purchasing any Product.
Your booking contract is with TOP PRIVATE TOURS, an authorized agent of APEX QUEST l.t.d., which exists under, and is pursuant to, the Croatian laws with its registered HQ being Šižgorićeva 7, 21000 Split, Croatia with tax number HR-37965685026.
BOOKING ON BEHALF OF OTHERS
The Client who confirmed the booking is deemed to be the designated contact person for all other clients named in such booking.
Any Client confirming a booking of any Product for Group represents and warrants to Agency that:
CLIENT DETAILS REQUIRED FOR BOOKING
As a part of the booking process for any multi-day product booking with TOP PRIVATE TOURS, the Client must provide all necessary information as requested by TOP PRIVATE TOURS. The Client should provide information on airfare (or other methods of arrival to meeting point), any specific medical conditions, insurance policy, and other relevant information or information requested by TOP PRIVATE TOURS. The information required from each Client will vary depending on the purchased Product, and the requirements will be communicated to the Client, or to the TOP PRIVATE TOURS authorized agent, during the booking process. TOP PRIVATE TOURS will not be held responsible for any fees levied on the Client as a result of inaccuracies, late, misplaced, or otherwise incomplete or ineligible information provided by the Client.
PRIVACY POLICY
TOP PRIVATE TOURS must collect personal information from Clients in order to complete any booking, to deliver the Products and any collateral services, to assist in evaluating such Products.
According to the Personal Data Protection Regulation (GDPR EU 2016/679 OF THE EUROPEAN PARLIAMENT AND THE COUNCIL of 27 April 2016), TOP PRIVATE TOURS takes care to safeguard all Client information and protect the privacy of all our Clients. TOP PRIVATE TOURS collects, uses, and discloses only that information reasonably required to enable us to provide the particular product or service that you have requested.
For all other parties, this information will not be provided, and in case they are requested by a third party, will be forwarded only with your written consent.
Data can be deleted on your request, but only to the extent that it does not violates the obligations of legal regulations in the area of taxation, the law on keeping the documentation, etc.
By reading or signing these Terms, you acknowledge that you have been notified of the manner of collection, the volume of collected data, the use and processing of personal data, and that you are agreeing to do so in this way.
PRICES ON OUR OFFICIAL WEBSITE
We aim to ensure the accuracy of all prices displayed on the Site. Prices are:
“FROM” PRICES
The expression “from” with respect to a price means the lowest price for the Travel Product we believe is available at the time of publication, based on information we have received from suppliers.
CREDIT CARD PAYMENTS & FEES
For credit card payments, all payments will be charged in Croatian currency Kuna (HRK). The amount your credit card account will be charged for is obtained by converting the price from US Dollar, Euro, or any other currency into Croatian Kuna according to the bank’s current exchange rate. For each card payment, the bank charges the commission. The agency will warn all customers before charging that banks charge a commission and allow clients to decide whether to use a credit card or not.
PRICE CHANGE
Due to the nature of organized travel and the prices of the resources on which it depends, the published price of any Product is subject to change at any time, up to 20 days before the departure of such Product.
From time to time TOP PRIVATE TOURS may offer reduced pricing on selected Product tours. The reduced pricing applies strictly to new bookings, and bookings that have already been confirmed (which for these purposes shall mean bookings in respect of which payment of at least a deposit has been received by TOP PRIVATE TOURS) are not entitled to the reduced pricing.
NOT INCLUDED IN THE PRICE
The price does not include airfares (unless otherwise stated) and TOP PRIVATE TOURS is not responsible for changes in air itineraries or flight times and does not provide advice or alerts regarding air tickets or flight status or delays., passport and visa fees, insurance, laundry, phone calls, beverages, meal not detailed in the itinerary, tips to tour guides, local city guides (unless otherwise stated), items of personal nature, excess baggage, expenses, fees or costs incurred in case of illness, or of refusal of entry to/detention in/expulsion or repatriation from country or part of country. We are not liable for any expense, costs or loss incurred in relation to such matters and you release us from all liability, damages or responsibility in relation to them.
VALIDITY
All dates, itineraries and prices are indicative only and the price quoted at the time of Booking shall be the applicable price, subject to the surcharges that may be levied in accordance these Terms. Changes, revisions, or other amendments may be made to the particular contained in any TOP PRIVATE TOURS brochure or on the TOP PRIVATE TOURS website before a contract is concluded, and such changes, revisions or amendments shall be incorporated herein as of the date of such amendment.
The Client acknowledges that due to the changing nature of travel, he is responsible for keeping up to date on the details of their travel through email communication with TOP PRIVATE TOURS office. TOP PRIVATE TOURS also encourages contacting their office to ensure the Client has the most current Trip Details for the relevant Product tour as minor changes may have been made since the confirmation of booking.
DEPOSITS
TOP PRIVATE TOURS requires 25%-50% non-refundable deposit per person at the time of booking of any multi-day product organized by TOP PRIVATE TOURS. The amount is defined on case-by-case basis depending on the specifics of the service package and percentage of services provided by third-party partners, particularly accommodation and food arrangements.
With certain services such as accommodation booking or any other service of significant cost (boat charter, air tickets, etc) are booked separately from the rest of our services, full amount of service cost is required to be part of deposit due to advance payments to service providers prior to the tour.
Any specific conditions of deposit payments will be shared and communicated with Client prior to booking confirmation. Any specific conditions agreed supersede the general deposit conditions indicated in this paragraph.
FINAL PAYMENT & ACCEPTANCE OF BOOKING
For details regarding final payment of any booked product, Clients should refer to the confirmation email sent by TOP PRIVATE TOURS and/or its authorized agent. Payment of the balance of the price is due 10 days before the departure date of the booked Product/Tour, unless it is agreed different in written communication between Client and Agency.
If full payment is not received by such due date, we will require the payment clearance on Client’s briefing prior to the tour departure.
If a Product is booked less than 10 days before the departure date of the Product then the full amount is payable at the time of booking in order for the booking to be confirmed, unless it is differently agreed in written with TOP PRIVATE TOURS.
If, for any Product, payment terms differ from those outlined in this section, the applicable terms will be communicated to the Client prior to booking and shall also be detailed in written.
TOP PRIVATE TOURS is not responsible for any charges levied or charged by third parties and/or financial institutions and payable by the Client as a result of credit card or other payment transactions in connection with the purchase of Products and will not refund or return any fees charged by such third parties in connection with payments made by Clients to TOP PRIVATE TOURS.
CANCELLATION BY THE CLIENT
A Client may cancel their booking by notifying TOP PRIVATE TOURS or their booking Agent where is applicable in written.
The applicable cancellation fees shall be determined with reference to the date on which notice to cancelation is received by TOP PRIVATE TOURS and expressed as a percentage of the total price paid for the cancelled Product, excluding any insurance products.
Cancellation of Product:
GUARANTEED DEPARTURES & CANCELLATION OF A TOUR BY TOP PRIVATE TOURS
A departure date for a Tour offered by the TOP PRIVATE TOURS will become a guaranteed departure when at least one booking secured by a valid deposit has been made on that departure.
The Agency guarantees that all scheduled Tour departures booked and secured with a valid deposit will depart as indicated on the applicable confirmation, subject to reasonably itinerary changes as contemplated elsewhere in these Terms).
This guarantee is not applicable in the case of Force Majeure situations.
If a tour is cancelled by TOP PRIVATE TOURS before the agreed date of departure for reasons not arising from Force Majeure or the fault or negligence of or within the reasonable control of the Client, the Client shall have the choice of:
TOP PRIVATE TOURS is not responsible for any incidental expenses or consequential losses that the Client may have incurred because of the cancelled booking such as visas, vaccinations, non-refundable flights or rail, non-refundable car parking or other fees, loss of earnings, or loss of enjoyment, etc. TOP PRIVATE TOURS reserves the right to issue a full refund in lieu of the choices above, in its sole discretion. Where after departure a significant element of the Product(s) as described cannot be provided, TOP PRIVATE TOURS will make suitable alternative arrangements for the continuation of the trip Product(s). If it is not possible to provide a suitable alternative or the Client reasonably rejects any suitable alternatives, TOP PRIVATE TOURS will provide the Client a refund of unused Products or Product portions.
FLEXIBILITY & UNUSED SERVICES
By booking a Product and/or agreeing to travel with TOP PRIVATE TOURS, the Client acknowledges that the nature of organized travel requires considerable flexibility and acknowledges that they will permit reasonable alterations to the Product and/or itinerary by TOP PRIVATE TOURS. The Client acknowledges his understanding that the route, schedules, itineraries, amenities and mode of transport may be subject to change without prior notice due to circumstances or events, which may include sickness or mechanical breakdown, incidents in the location where the Product will be operated, flight cancellations, strikes, events emanating from political disputes, entry or border difficulties, extreme weather and other unpredictable or unforeseeable circumstances which are beyond the reasonable control of TOP PRIVATE TOURS and that TOP PRIVATE TOURS is not liable to any Client for such changes or amendments.
TOP PRIVATE TOURS shall not be liable for or pay any discounts or refunds for missed or unused services which were missed or unused by the Client due to no fault of TOP PRIVATE TOURS, its agents, or representatives, which shall include any termination of the Client’s participation in the tour Product due to the Client’s own fault, negligence or breach of these Terms.
CHANGES MADE BY TOP PRIVATE TOURS
Agency may modify your itinerary where reasonably required in its sole discretion. If TOP PRIVATE TOURS makes a Material Change (defined as a change affecting at least one in three full tour days of the itinerary, or which materially affects the character of the Product in its entirety) to any Product, TOP PRIVATE TOURS will inform the Client(s) booked on such Product of any Material Change as soon as reasonably possible, provided that there is sufficient time before departure to properly notify all affected Clients.
If a Material Change is made more than 14 days prior to departure, the affected Client may elect to:
The affected Client must notify TOP PRIVATE TOURS or their travel agent of their decision within 7 days of receiving the notification of alteration, or they shall have been deemed to accept the Material Change and deemed to have agreed to the amended Product itinerary.
Once a Product tour has departed, changes to such Product’s itinerary may be necessary or advisable because of unforeseen circumstances or other reasons related to effective Product operation, health, safety, Client enjoyment, or Client comfort. Any such changes are at the discretion of TOP PRIVATE TOURS.
TOP PRIVATE TOURS will make suitable alternative arrangements, at no extra cost to the Client, for the continuation of the Product tour and will, where appropriate, compensate the Client for the difference between the services to be supplied under the contract and those supplied. If TOP PRIVATE TOURS is unable to make arrangements as described above for reasons other than the refusal of the Client to accept such arrangements, TOP PRIVATE TOURS will, where appropriate, provide the Client with equivalent transport back to the Client’s place of departure or to another place to which the Client and TOP PRIVATE TOURS have mutually agreed.
The Client acknowledges that they must have reasonable financial resources to cover incidental expenses on every Product on which they travel, whether or not they arise from a change in the itinerary or from the travel itself, and that TOP PRIVATE TOURS shall not be liable for any Client’s failure to prepare adequately for their travel and unforeseen circumstances which may arise during such travel. TOP PRIVATE TOURS will not be liable for any indirect and or consequential losses associated with any changes to a Product’s itinerary.
CHANGES MADE BY THE CLIENT
Client is responsible for ensuring that information provided to TOP PRIVATE TOURS in making their booking is accurate, up-to-date, and correct. Bookings are not transferable to other Products. Any changes to the travelling Client’s name on any Product booking are subject to TOP PRIVATE TOURS approval. Any changes to a file will depend on availability and will be on a request basis and subject to TOP PRIVATE TOURS’ approval. Any extra costs incurred for making the change will be charged to the Client. Changes are permitted to any booking within 10 days of departure of the first Product to depart under the applicable booking only upon TOP PRIVATE TOURS approval.
Where the Client is prevented through reasons completely beyond Client’s control from proceeding with a booked Product tour, if it’s possible, he may transfer his/her Product booking to a person who satisfies all the conditions applicable to the Product tour, provided that the Client gives notice to TOP PRIVATE TOURS of Client’s intention to transfer no less than 7 days before the date when departure is due to take place. Where such a transfer is made, the transferring Client and the transferee Client shall be jointly and severally liable to TOP PRIVATE TOURS for payment of the price of the Product (or, if part of the price has been paid, for payment of the balance) and for any additional costs arising from such transfer.
TRAVEL DOCUMENTS
It is Client’s entirely responsibility to obtain information and to have in his possession all the time during the tour all required documentation and identification documents required for entry, departure and travel to each country or region visited or traveled throughout the itinerary of the applicable Product tour, and for re-entry to the Client’s country of residence or departure, as well as for all immigration, passport, visas, health, quarantine and customs laws, regulations, orders, demands, certificates including vaccination certificates* or other requirements of countries visited or transited. You should check the requirements of those countries with their embassies or consulates or other authorities.
The Client accepts full responsibility for obtaining all such documents, visas and permits prior to the start of the Product tour and is solely responsible for any adverse consequences resulting from missing or defective documentation. Client agrees that he is responsible for the full amount of any loss or expense suffered or paid by TOP PRIVATE TOURS which are a direct result of the Client’s failure to secure proper travel documentation.
The Agency provides services in the Republic of Croatia and surrounding countries depending on the Product. In the event that a part of the services of specially ordered arrangements, takes place in the neighboring countries of the Republic of Croatia, the agency will inform the client directly in writing, if additional documentation is required.
SPECIAL REQUIREMENTS
TOP PRIVATE TOURS will endeavor to meet the special requests of Clients, including (without limitation) dietary (food allergies and dietary restrictions) and accommodation requests, but such requests do not form part of these Terms or the contract between Client and TOP PRIVATE TOURS and TOP PRIVATE TOURS is not liable for any failure to fulfill such requests. Any special requirements must be disclosed to the TOP PRIVATE TOURS at the time of booking.
TRAVEL INSURANCE
We strongly recommend purchasing comprehensive travel insurance from your country (including trip delay, trip cancellation, trip interruption, baggage and personal effects, loss or theft of money insurance) once a trip has been booked. Health, accident and emergency evacuation insurance are also strongly recommended.
If you wish Agency can provide/offer you with a Travel insurance package of one of Croatian Insurance companies.
The Agency does not accept liability if the person is not properly insured for their journey.
Without appropriate travel insurance, Customer understands and agrees that if Customer cancels or interrupts Customer’s travel for any reason, portions of the trip/tour may not be refunded and TOP PRIVATE TOURS and travel suppliers cancellation penalties will apply resulting in the loss of monies up to the full cost of Customer’s travel booking and related costs.
The purchase of travel insurance is not required in order to purchase any other product or service offered by TOP PRIVATE TOURS.
The Client acknowledges that the cost of the tour does not include any insurance coverage for such Client, and that the Client is required to obtain separate coverage at an additional cost to the Product tour price. When obtaining travel insurance, the Client must ensure the insurer is aware of the type of travel to be undertaken so that the insurer may properly cover travel on the applicable TOP PRIVATE TOURS Product.
COMPLAINTS
The client is obliged to file a complaint about incomplete, partially filled or poorly completed services as soon as possible so that the agency can respond in time and resolve the issues. The Client agrees to notify the Tour Leader or TOP PRIVATE TOURS office in written via e-mail as soon as possible about all objections.
The Agency is not responsible if the complaints were not submitted properly and the Agency could not respond in time.
All complaints may be filed by the client in writing via e-mail (info@top-private-tours) within 8 days of the end of the journey and the agency will to reply within 14 days of receipt of the complaint. If the client fails to file an objection or complaint within the said legal deadline, the same will not be considered.
TOP PRIVATE TOURS IS NOT LIABLE FOR ITS THIRD-PARTY SUPPLIERS
TOP PRIVATE TOURS makes arrangements with accommodation providers, activity providers, airlines, cruise lines, coach companies, transfer operators, shore excursion operators, tour and local guides, and other independent parties (“Third Party Suppliers”) to provide you with the travel services and other services you purchase, or which form the component parts of your product Tour. Third Party Suppliers may also engage the services of other local operators and/or sub-contractors for the provision of travel services that form part of the product Tour(s). Although TOP PRIVATE TOURS takes all reasonable care in selecting Third Party Suppliers, TOP PRIVATE TOURS is unable to control Third Party Suppliers and do not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. The travel services and other services provided are subject to the conditions imposed by these suppliers and their liability is limited by their tariffs, conditions of carriage, tickets and vouchers and international conventions and agreements that govern the provision of their services. These may limit or exclude liability of the supplier. Client acknowledges that Third Party Suppliers operate in compliance with the applicable laws of the countries in which they operate, and TOP PRIVATE TOURS does not warrant that any Third-Party Supplier is following the laws of the Client’s country of residence, or any other jurisdiction.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, TOP PRIVATE TOURS IS NOT LIABLE AND WILL NOT ASSUME RESPONSIBILITY FOR ANY CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES ARISING OUT OF INCONVENIENCE, LOSS OF ENJOYMENT, UPSET, DISAPPOINTMENT, DISTRESS OR FRUSTRATION, WHETHER PHYSICAL OR MENTAL, RESULTING FROM THE ACT OR OMISSION OF ANY PARTY OTHER THAN TOP PRIVATE TOURS AND ITS EMPLOYEES. For clarity, neither TOP PRIVATE TOURS nor any carrier is liable for the acts or omissions, whether negligent or otherwise, of Third Party Suppliers or any independent contractors.
Accommodation descriptions are based on their guides and information provided by suppliers and may change at any time. Pictures utilized may not reflect the exact room, décor, view or other specifications.
EXCLUSION OF LIABILITY
TOP PRIVATE TOURS is not responsible for any damages, expenses, losses, or claims which are attributable to the fault of any Client, the unforeseeable or unavoidable act or omission of a third party unconnected with the provision of any services that form any part of the Product(s), or a force majeure event (as herein defined).
TOP PRIVATE TOURS shall have no liability for loss, theft of or damage to baggage or personal effects of Clients while participating in a Product tour. Clients should not leave personal belongings unattended in any public areas, on board any mode of transportation, or elsewhere, and are responsible all the time for their own effects and belongings.
TOP PRIVATE TOURS cannot accept responsibility for, and in no event shall be liable for loss or damage of valuables or other articles left in or on facilities used by TOP PRIVATE TOURS such as hotels, homestays, vessels, expedition vehicles, or any other mode of transportation.
FORCE MAJEURE
TOP PRIVATE TOURS shall not be liable in any way to the Client for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for TOP PRIVATE TOURS failure to commence, perform and/ or complete any duty owed to the Client if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of TOP PRIVATE TOURS; or an event which TOP PRIVATE TOURS or the supplier of services, even with all due care, could not foresee.
EXCURSIONS AND ACTIVITIES
We may provide you with information (before departure and/or when you are on holiday) about activities and excursions which are available in the area you are visiting. We are not involved in any such activities or excursions which are neither run, supervised, controlled nor endorsed in any way by us. They are provided by local operators or other third parties who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators/other third parties and/or assist you in booking such activities or excursions in any way. We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability. We cannot guarantee accuracy at every moment of information given in relation to such activities or excursions or about the area you are visiting generally or that any particular excursion or activity which does not form part of our contract will take place as these services are not under our control.
TOP PRIVATE TOURS LIABILITY
TOP PRIVATE TOURS certifies to have paid the Guarantee fund insurance for the package tours and the liability insurance in accordance with the law. Available upon request.
IMAGES AND MARKETING
The Client agrees that while participating in any TOP PRIVATE TOURS Product tour (including, without limitation, group and Independent travel, multi-day expedition trips, self-guided trips and other tour product) images, photos or videos may be taken by other Clients and/or TOP PRIVATE TOURS representatives or Tour Leaders that may contain or feature the Client in part or in whole. The Client acknowledges that they consent to any such pictures being taken and agree that Client hereby grants a perpetual, royalty-free, worldwide, irrevocable license to TOP PRIVATE TOURS, its affiliates and assigns, to reproduce for any purpose whatsoever (including marketing and promotions), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation to the Client or compensation payable to such Client.
APPLICABLE LAW
The Contract and these Terms and Conditions are subject to the laws of Republic of Croatia.
AMENDMENTS
TOP PRIVATE TOURS reserves the right to update and/or alter these Terms at any time and will inform all Clients with signed contract for tour and services with TOP PRIVATE TOURS but still not executed.
