Terms and Conditions

Marta&Marija j.d.o.o. Porečka ulica 2b, 10000 Zagreb, Croatia
Company ID (OIB): 49821212704
IBAN: HR7423900011101374951
Phone: +385 91 215 55 44
Email: info@staywithmartha.hr
Registered office: Ilica 10/II, 10000 Zagreb
Company Registration No. (MBS): 081000678
Ministry of Tourism License No.: 1212/2023

GENERAL TERMS AND CONDITIONS OF TRAVEL

INTRODUCTION
These General Terms and Conditions form an integral part of the Travel Package Agreement (hereinafter: the Agreement) concluded between the travel agency Marta&Marija j.d.o.o. (hereinafter: the Agency) and the user of the service, i.e. the person undertaking the travel (hereinafter: the Passenger), the contracting party and/or the payer of the trip who enters into the Agreement on their own behalf or on behalf of a third party as the Passenger (hereinafter: the Contracting Party). All terms mentioned in these General Conditions have the meanings assigned to them herein.

IMPORTANT: Every person is obligated to carefully read these General Terms and Conditions prior to making a reservation and certainly before payment and the start of travel. Any person making payment for the trip or embarking on the trip acknowledges having read, understood, and fully accepted all provisions and details of these General Terms and Conditions, especially Articles 7, 8, 9, 10, and 16. The Contracting Party further confirms that all persons on whose behalf they have made a reservation or payment have been informed of and have accepted these General Terms and Conditions. All provisions are binding upon the Contracting Party, all Passengers, and the Agency, unless otherwise agreed upon in a separate written contract. By paying the deposit, the Passenger fully accepts the program and travel conditions, and the Agreement becomes valid even without the Passenger’s signature.

Article 1. PROTECTION OF PERSONAL DATA
The Passenger voluntarily provides their personal data. The data are required for the realization of the agreed trip and will be used for further communication and the provision of services included in the arrangement. Marta&Marija j.d.o.o. undertakes to protect the Passenger’s personal data and use them solely for the purpose of fulfilling the travel arrangement. Once the journey begins, the Passenger is solely responsible for protecting their personal data.

Before registering for the arrangement or submitting personal data on behalf of themselves or others, please familiarize yourself with the Privacy and Data Protection Statement available on the Agency’s official website.

Article 2. BOOKINGS, RESERVATIONS, AND PAYMENT OF TRAVEL ARRANGEMENTS

 

These General Terms and Conditions apply to all persons named in the reservation, and the Contracting Party confirms that they are authorized to act on behalf of and represent all Travelers listed in the reservation. Travel arrangements can be booked in person at the Agency’s office, through authorized agents, by providing details via email, telephone, or online.

 

To confirm a reservation, the Contracting Party/Traveler must pay either the full amount or a deposit of at least 30% of the total package price (unless otherwise agreed in writing with the Agency). The remaining balance must be paid no later than 14 days before the start of the trip. If payment is not visible on the Agency’s account within this period, the Agency has the right to cancel the reservation and charge cancellation fees in accordance with Article 10.

 

Travelers and Contracting Parties acknowledge their obligation to make timely payments and that no traveler may begin the journey unless the full amount for all travelers in the same reservation has been paid. In the case of group bookings, all travelers are jointly and severally liable for payment of the total amount.

 

The Contracting Party/Traveler is obliged to provide accurate personal information and documentation required for the realization of the trip. If information is not submitted on time, it will be considered that the Contracting Party/Traveler has withdrawn from the contract.

 

By accepting the offer and making a payment, the Contracting Party/Traveler confirms that they are familiar with the trip details and these General Terms and Conditions, and that they fully accept them. The travel contract becomes valid only when the Agency confirms it in writing and issues an invoice.

 

For so-called “on request” reservations, full payment or a deposit in accordance with the price list of the responsible organizer is required in advance. If the Agency is unable to confirm the arrangement, the paid amount will be fully refunded to the Contracting Party/Traveler.

 

 

Article 3. PRICE AND CONTENT OF THE PACKAGE

 

The prices of package tours are expressed in euros and are valid from the moment of publication on the Agency’s website or promotional materials. The Agency reserves the right to change prices until the Travel Contract is concluded.

 

Prices may vary depending on promotional campaigns, booking deadlines, and other commercial factors. Once the arrangement has been booked and paid for, the price cannot be reduced, except in the case of significant changes to the agreed services by the Agency.

 

By accepting the contract, the Contracting Party/Traveler acknowledges that prices may differ among travelers depending on the time of purchase, promotions, and other special offers, and accepts such differences without the right to subsequent price reduction.

 

The package price includes only the services explicitly listed in the travel program under the section “Price Includes.” Any services not listed in that section are not included in the price and are considered an additional cost to the Traveler. As a rule, unless otherwise defined, the price includes: transport service, accommodation, travel escort, basic external sightseeing as per the program, organization costs, and legally required insurance (bond and liability).

 

Optional excursions and additional services (marked as “not included in the price,” “recommended,” “optional,” or similar) are not part of the basic price and are charged separately. The Agency may organize them in cooperation with local partners or directly through the travel escort. In such cases, the Agency may charge a service fee, of which Travelers will be timely and transparently informed. A proper invoice will be issued for each additional amount charged by the Agency.

 

Ticket prices, public transport fares, transfers, and other services that the Traveler pays for on-site, which may be listed on the Agency’s website for informational purposes, are subject to change and are not binding for the Agency. Price differences on-site cannot be the subject of complaints or refunds.

 

The Agency reserves the right to increase the agreed package price by up to 10% in accordance with legal regulations, in the event of:

 

* changes in transportation costs (e.g., fuel),

* changes in fees and taxes (e.g., airport charges),

* changes in exchange rates affecting the price of the arrangement.

 

If the price increases by up to 10%, the Traveler is obliged to accept the increase without the right to terminate the contract. The Agency will notify the Traveler of any price increase no later than 20 days before the start of the trip. In case of a price increase greater than 10%, the Traveler has the right to terminate the contract without paying a cancellation fee.

 

The trips offered by Marta\&Marija j.d.o.o. are generally not adapted for persons with reduced mobility. Upon request, the Agency will provide detailed information on the suitability of a specific trip in relation to the individual’s needs.

 

Article 4. ACCOMMODATION

Type and Allocation of Accommodation

Unless otherwise agreed, the price of the package includes accommodation in a double room (twin or double), in accordance with the classification and rules of the accommodation provider.
Solo travelers wishing to have a room to themselves must pay a single room supplement, as specified in the travel program.

Room Allocation and Special Requests

The Agency does not guarantee the fulfillment of specific requests related to room layout or type (floor level, view, balcony, bed size, location within the facility, etc.) unless explicitly confirmed in writing by the Agency no later than 14 days before departure. Such requests are considered preferences and not contractual obligations of the Agency.

Triple and Multi-bed Rooms

Accommodation in triple or multi-bed rooms may include extra beds, which may be of lower quality than standard beds. Travelers are informed of this possibility and accept it.
If the accommodation provider ultimately cannot confirm the requested triple/multi-bed room, travelers must pay the price difference for placing the third person in a single room, as per the program price list. This is not a valid reason for cancellation without charges.

Responsibility for Conduct and Damages

The Traveler is responsible for any damage and additional costs caused in the accommodation facility. The Agency reserves the right to prevent the continuation of travel until such costs are settled.

Refusal of Accommodation and Independent Action

If the Traveler voluntarily refuses the room provided in accordance with the contract and independently arranges alternative accommodation, they are not entitled to a refund. Should the Traveler hinder the hotel check-in process by personal decision, the Agency is not obliged to provide alternative accommodation.

Complaints Regarding Accommodation

In case of serious deficiencies in the room (e.g., uncleanliness, damage), the Traveler must immediately, and no later than within 30 minutes, notify the tour leader, who will attempt to resolve the issue with the hotel.
If a replacement room is offered and meets the conditions, the Traveler must accept it.
Later complaints (after returning from the trip), without attempting resolution on-site, will not be considered.

Check-in and Check-out Times

Standard check-in time is between 3:00 PM and 8:00 PM, and check-out must be completed by 10:00 AM on the day the service ends, unless stated otherwise in the program.

Special Room Equipment and Additional Services

The Agency will forward all written requests (e.g., baby cot, extra bed, view, etc.) to the accommodation provider, but does not guarantee fulfillment nor cover any surcharges incurred locally. All additional services not included in the package must be paid for on-site.

 

Article 5. ACCOMMODATION, LOCATION, AND TRANSPORTATION

Prior to departure, the Agency will provide the Traveler with a final written notice including: full name and address of the hotel, official category rating, a link to the hotel’s website, and—if available—a link to relevant guest reviews. The goal is to inform the Traveler as thoroughly as possible before departure.

The Traveler acknowledges that the Agency is not the provider of accommodation services and has no direct control over the hotel’s operations and amenities.
In the event of issues, the Agency will assist the Traveler in resolving them on-site, but is not liable for any hotel-related shortcomings, provided it has acted professionally and in good faith.

The Traveler agrees not to post negative public comments about the Agency online or via social media if they were informed in advance about the accommodation and raised no objection. In cases of dissatisfaction solely with hotel services, the Traveler agrees to submit a complaint directly to the hotel, without implicating the Agency.

The Agency will provide accommodation according to the classification stated in the program (e.g., 2*, 3*, 4*). If the hotel holds such a category and its average review score on relevant platforms (e.g., booking.com) is not below 6/10, it will be considered that the Agency has fulfilled its contractual obligation.
Differences in personal perception of accommodation quality are not grounds for complaint.

The Agency is not responsible for the quality or variety of breakfast, which may vary by destination and hotel category. The Traveler accepts that breakfast included in the package is not grounds for complaint.

If the accommodation category is listed as “3/4*” in the program, it means the hotel will have an official rating of at least 3*, and at most 4*. Accommodation in motels, hostels, monasteries, or other pilgrimage-oriented facilities is considered equivalent if they hold appropriate classification. Alternative accommodation types (e.g., monastery) will be indicated in the program.

The Agency reserves the right to change the hotel before the trip, provided that it secures accommodation of the same or higher category.

As for transportation, the Agency does not guarantee specific seats on the bus. Travelers accept any available seat. The Agency provides tourist-class buses, and differences in comfort and equipment do not constitute grounds for complaint if the vehicle meets contractual standards.
If the minimum number of travelers required to fill a bus is not reached, the Agency reserves the right to provide transport by van.

Article 6. AGENCY’S OBLIGATIONS

Program Execution

The Agency is obliged to provide the Traveler with all services explicitly listed in the travel program under the section “PRICE INCLUDES.” Services not mentioned in that section are considered optional and not included in the package price.

Documentation

For each payment, the Agency will issue either:

  • an invoice or payment confirmation, or
  • a Travel Contract (or Contract Confirmation) in written or electronic form.

Force Majeure

The Agency is not responsible for non-performance or partial performance of services due to force majeure events such as:

  • war, protests, strikes, or terrorist attacks,
  • epidemics, floods, storms, or other natural disasters,
  • official government measures (e.g., travel bans, border closures),
  • traffic accidents, delays, or vehicle breakdowns.

The Traveler acknowledges the risk of force majeure and agrees to act in good faith in such circumstances. Force majeure cannot be grounds for complaints or damage compensation from the Agency.

Travel During Epidemic Conditions

If travel takes place during an official epidemic or pandemic, the Traveler:

  • independently assesses and accepts all health and quarantine risks (illness, self-isolation, trip interruption, repatriation costs),
  • understands that the Agency is not obliged to reimburse additional costs incurred due to health measures,
  • may count on the Agency’s assistance in finding alternative accommodation or return transport, but without reimbursement of related expenses.

Assistance and Cooperation

In the event of problems at the destination (e.g., unforeseen circumstances, medical incidents), the Agency will assist and advise the Traveler and, where possible, direct them to local support or insurance services. However, it does not assume financial responsibility for any costs the Traveler incurs independently.

Article 7. OBLIGATIONS OF THE TRAVELLER

Behaviour and Cooperation
 The traveller is obliged to respect the peace, comfort, and safety of all participants of the trip.
They must follow the tour leader’s instructions and cooperate in good faith.
If the traveller’s behaviour prevents the execution of the program, the Agency reserves the right to terminate services for that traveller, who will bear all further costs and arrangements for their return.

Liability for Damages
 The traveller shall compensate the Agency or third parties for any material damage they cause.
For non-material damage to the Agency’s reputation resulting from unlawful conduct, the Agency may claim actual damages.

Complaints and Grievances
 In case of dissatisfaction, the traveller must immediately notify the tour leader on-site and enable an attempt to resolve the issue.
Public negative posts directed at the Agency caused by the traveller’s own omissions are not acceptable.

Punctuality and Timeliness
 The traveller must be ready for departure no later than 10 minutes before the agreed time.
After breaks or free time, the traveller must return to meeting points 5 minutes before the scheduled time.

Accommodation and Transportation Rules
 The traveller must follow the house rules of the accommodation and rules of the transport provider.
Any damage caused by the traveller is their responsibility and must be compensated.

Privacy Protection
 The traveller may not photograph, record, or collect personal data of other participants without their explicit consent.
Any unauthorized data collection is subject to GDPR and may result in a claim for damages.

Article 8. COMPLAINTS


 In the event of any dissatisfaction or complaints during the trip, the traveller must report the issue to the tour leader immediately, so the issue can be addressed on-site. The traveller must cooperate in good faith with the tour leader and service provider (hotel, carrier, shipping company, restaurant, etc.) to resolve the issue.
The traveller must show willingness to resolve the complaint and make all reasonable efforts to ensure the contracted service is delivered as defined in the itinerary, contract, or written agreements before departure.
If the traveller fails to report the issue or refuses an adequate solution on-site, they forfeit the right to lodge a complaint after the trip.

If the issue cannot be resolved on-site, the traveller must inform the Agency via email the same day to allow support while the traveller is still at the destination.
Upon return, the Agency will only consider complaints where the traveller can prove that:

  • the dissatisfaction was reported in writing to the tour leader or local provider during the trip,
  • the issue could not be resolved on-site,
  • the Agency was informed via email on the same day.

All other complaints will not be considered or serve as grounds for public expressions of dissatisfaction.

How to Submit a Complaint:
 After returning from the trip, the traveller may submit a written complaint:

  • via email to: info@marta-marija.hr
  • by registered mail to: Marta&Marija j.d.o.o., Porečka ulica 2b, 10000 Zagreb, Croatia

Complaints must be submitted within 8 days from the return date. The Agency will respond in writing within 15 days of receiving the complaint. In case additional verification is needed, the deadline may be extended by 14 days, with prior notification to the traveller.
If a service was not provided due to the Agency’s fault, the traveller may claim a proportionate refund for the unused portion based on package value distribution (transportation 30%, accommodation 30%, sightseeing 30%, tour guide 10%).
Example: if sightseeing on day three was not conducted, the traveller may request compensation for one-third of 30% of the total package price.

The traveller has no right to compensation if the failure resulted from force majeure or circumstances beyond the Agency’s control. During the complaint process, the traveller agrees not to publish complaints publicly or involve third parties in resolution.

Note: Before submitting a complaint, the traveller must verify whether the service was provided in line with the Contract, General Terms, travel program, and final instructions. A complaint is valid only if the Agency failed to meet agreed conditions.

For services not included in the package (optional excursions, extra meals, local guides, etc.), complaints must be addressed directly to the service provider, with assistance from the tour leader if possible.

 

Article 9. PUBLIC EXPRESSION OF DISSATISFACTION
 The traveller acknowledges that the Agency has provided all pre-trip information in good faith and agrees to act in good faith before publishing any negative public comment.
Before making any public statement, the traveller must:

  • Review all written communication with the Agency (emails, General Terms, Contract, itinerary, final notice).
  • Inform the Agency in writing of their dissatisfaction and allow time for correction.
    If the traveller publishes false or unverified information that harms the Agency’s reputation—without justified reason and after receiving written warning—they are considered in breach of contract. The Agency may seek actual damages instead of flat-rate claims.

The Agency encourages responsible and transparent experience-sharing: complaints and issues should first be resolved through the outlined mechanisms (Articles 7 and 8), and only afterward—if open questions remain—shared publicly with respect for truth and objectivity.

 

Article 10. TRIP CANCELLATION BY THE TRAVELLER
 Cancellation Method
 Cancellations must be submitted to the Agency in writing (by mail, in person, or by email).
Verbal cancellations must be confirmed in writing.

Deadlines and Cancellation Fees
 The cancellation fee is calculated based on the date the Agency receives written notice, as follows:

  • Up to 30 days before departure: 30% of the package price
  • 29–15 days before departure: 50% of the package price
  • 14–8 days before departure: 80% of the package price
  • 7–0 days before departure: 100% of the package price
  • After departure or “no show”: 100% of the package price

Additional Conditions
 Cancellation fees also apply to changes in departure date, accommodation type, or other essential package elements.
If the traveller terminates the trip early, they are not entitled to a refund.
For packages involving flights or cruises, refund policies are subject to carrier rules.

Payment Obligation
 If the traveller fails to pay the remaining amount or ensure payment via credit card at least 14 days before departure, it is considered a cancellation, and cancellation fees apply.

Transfer of Booking
 The traveller may transfer the contract to another person without fees, provided the Agency is notified in writing and the arrangement remains unchanged. Travel insurance is not transferable.

 

Article 11. TRAVEL DOCUMENTATION
 Definition
  Travel documentation includes all documents issued by the Agency to the traveller for the purpose of executing the trip (voucher, itinerary, flight tickets, final instructions, etc.). Personal travel documents (ID card, passport, visas) are not part of this documentation.

Delivery
 The Agency will send the documentation to the traveller by email at least two days before departure unless stated otherwise in the itinerary.

Coach Trips
 For coach trips, the traveller usually only needs a valid ID, while the tour leader will carry group vouchers. If additional documents are needed, this will be communicated in the Final Notice.

 

Article 12. TRAVEL DOCUMENTS AND COMPLIANCE WITH REGULATIONS
 Traveller’s Responsibility
 The traveller must secure all valid documents and permits necessary for travel. The Agency is not responsible for obtaining visas or permits unless otherwise agreed.

Invalid Documents
 If the traveller lacks valid travel documents or fails to meet customs, visa, or health regulations, the Agency is not liable for any resulting costs or damages. The traveller bears all consequences, including early return or additional costs.

Loss or Theft
 In case of theft or loss of travel documents, the traveller is responsible for re-issuance costs and return arrangements.

Article 13. TRAVEL INSURANCE
 Recommendation and Coverage
 Travel insurance is not included in the package price. The Agency recommends insurance that includes:

  • Health insurance,
  • Trip cancellation insurance (under insurer’s terms),
  • Accident insurance,
  • Baggage insurance is also recommended for an additional fee.

Article 14. TRIP CANCELLATION INSURANCE
 General Exclusion – International Sanctions
 The insurance policy does not cover damages, losses, or reimbursements that would violate:

  • international sanctions under EU, US, UN, or Croatian law.
    This includes bans on dealing with individuals, legal entities, or governments from those jurisdictions.
    (Clause KIN-003 – Sanctions Clause)

Territorial Exclusion
 No insurance cover applies:

  • when loss or damage occurs in, from, or for the benefit of sanctioned countries/territories;
  • when persons, entities, or governments from such countries are involved.

Sanctioned countries (at the time the policy is issued): Iran, Syria, North Korea, Crimea, Zaporizhzhia, Kherson, Donetsk, Luhansk, Venezuela, Belarus, Russia, Afghanistan, Myanmar.
(Clause **KIN‑006 – Territorial Exclusion)

Note: The insurance can be activated only with the insurer’s prior written consent and solely for urgent security activities.

Exclusion of Losses Caused by Infectious Diseases
 The policy does not cover any losses, damages, costs, or claims connected with infectious diseases, including the threat, suspicion, or fear of infection. Infectious diseases include viruses, bacteria, parasites, and other agents transmitted through air, contact, fluids, etc.
(Clause KIN‑012 – Infectious Disease Exclusion)

Cyber‑Risk Exclusion
 The policy does not cover any loss, destruction, or manipulation of digital and electronic data, computer attacks, viruses, malicious code, cyber‑war, hacking, or cyber‑terrorism.
(Clause KIN‑007 – Exclusion of Attacks on Computer and Information Systems)

Exception: Physical damage caused by fire or explosion resulting from a cyber threat is covered, subject to policy terms.

Detailed conditions of all exclusions and the updated list of sanctioned areas are available on the Generali Insurance website: www.generali.hr/sankcijske-klauzule

 

Article 16. PROGRAM MODIFICATIONS, CANCELLATION, OR TERMINATION OF THE TRIP BY THE AGENCY

  
Substitution of accommodationThe contracted accommodation may be replaced only by an establishment of the same or higher category.
Program changesThe Agency may adjust the order of visits, provided all visits are carried out as per the program. The tour leader may change the sequence on site for operational reasons.
Extraordinary circumstances (force majeure)In unforeseeable circumstances the Agency may modify the program or its content without liability for damages.
Change of departure timeThe departure time may be changed by up to two hours, with written notice in the Final Travel Notice.
Other arrangement changesElements may be altered only if: destination (overnight city), duration (number of nights), travel window, service level, and place of departure/return all remain equivalent. Shortening the trip by one night is possible only with the Traveler’s consent and a proportional price reduction.
Change of route or travel dayAllowed solely due to force majeure (security issues, war, disasters) and without compensation to the Traveler.
Documentation errorsThe Agency is not liable for unintentional errors or typos; corrections will be sent in writing.
Cancellation by the AgencyThe Agency may cancel without liability in case of force majeure or too few bookings (fewer than 30 travelers) and will notify at least 7 days before departure. Travelers acknowledge that departure is not guaranteed until 30 travelers are confirmed.
Discretionary cancellationThe Agency may cancel an individual reservation if the Traveler acts in bad faith or threatens group comfort; the full amount paid will be refunded.
Termination in progressIf the whole group trip is terminated due to force majeure or an epidemic, the Agency covers the contracted services provided to date and organizes return transport, with no further obligations.

 

Article 17. LEGAL PROVISIONS, PRE‑CONTRACTUAL INFORMATION, AND DISPUTE RESOLUTION

  • Bond and professional liability
    Marta&Marija j.d.o.o. holds professional‑liability policy No. P15‑1020001236 with Generali Osiguranje d.d., Zagreb, covering damage arising from non‑performance, partial, or improper performance of package obligations.
  • Pre‑contractual information
    Before the Travel Contract was concluded, the Agency supplied all information required by Croatian tourism‑services and consumer‑protection legislation—travel program, price, organizer details, bond, traveler rights and duties, cancellation terms, and contacts for complaints and insurance.
  • Compliance with EU Directive
    These terms conform to EU Directive 2015/2302 on package travel and the Croatian Act on the Provision of Tourism Services.
  • Dispute resolution
    Jurisdiction lies with the competent court in Zagreb, unless otherwise provided by law. Travelers may also use alternative dispute‑resolution bodies such as the HGK Courts of Honour or the EU ODR platform.
  • Applicable regulations
    Croatian Acts on Tourism Services and Consumer Protection, EU Directive 2015/2302, and the GDPR apply.
  • Final provisions
    These General Terms apply to all Marta&Marija arrangements and may be amended for new contracts; Travelers will be informed of any change before contracting.

 

Article 18. TRAVEL ORGANIZED BY OTHER ORGANIZERS

For packages organized directly by Marta&Marija j.d.o.o., these General Terms apply. Where the Agency acts only as intermediary, the main organizer is named in the Contract and that organizer’s terms prevail. The Agency is not liable for execution of arrangements run by other organizers.

 

Article 19. FINAL PROVISIONS

These General Terms form an integral part of the Travel Contract. By paying the deposit or full package price, the Traveler fully accepts them. The Contract is valid even without the Traveler’s signature.

 

These Terms take effect on 1 June 2025.

 

 

 

 

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