GENERAL TERMS AND CONDITIONS OF BUSINESS
Article 1 — Parties and Company Details
1.1 These General Terms and Conditions ("Terms") govern all travel services, packages, and ancillary services offered, organised or intermediated by C-WAVE INTERNATIONAL d.o.o. ("the Company", "we", "our"), a licensed Croatian travel agency and tour operator registered and operating from Split, Republic of Croatia. Website: travel.cwi.hr. Contact: contact@cwi.hr.
1.2 The person purchasing or enquiring about any service is referred to as the "Client". Where the Client books on behalf of a group, the Client is the Lead Traveller and accepts these Terms on behalf of all members of the group.
1.3 The Company holds a valid travel agency licence and financial guarantee (insolvency protection) as required under Croatian law (Zakon o pružanju usluga u turizmu, NN 130/17 and amendments) and EU Directive 2015/2302 on package travel.
Article 2 — Scope of Services and Role Classification
2.1 The Company offers the following categories of services. The Company's legal role — and consequently its liability — differs by service type as set out in this Article and summarised in the table below.
| Service / Product | CWI Role | Liability | Governing Terms |
|---|---|---|---|
| Own outbound packages (Dubai, Turkey, Egypt, Morocco, Tunisia, etc.) | Package Travel Organiser | Full | These Terms + Package Travel Contract |
| Own standalone services (transfers, excursions, day trips, tours) | Direct Service Provider | Full | These Terms + Service Confirmation |
| Third-party package resale (wholesale booking platform) | Retail Agent | Limited | These Terms + provider's T&C |
| Third-party experience platform (widget / co-branded) | Retail Agent / Affiliate | None | Provider's T&C govern |
| Flight tickets (booking platform, no IATA licence) | Retail Agent for Airline | None | Airline conditions of carriage |
| Accommodation (via principal organiser, sub-agent) | Sub-Agent | None | Principal organiser's T&C |
2.2 "Full" liability means the Company is responsible for correct performance of the entire package as organiser under EU Directive 2015/2302. "Limited" liability means the Company is liable only for its own acts and omissions in the booking process. "None" means the third-party provider's contract governs and the Company's role is limited to facilitating access to that provider's booking system or product.
2.3 Where any doubt exists as to the Company's role in relation to a specific booking, the Booking Confirmation issued by the Company will state the applicable role explicitly. In the absence of such statement, the Company shall be deemed to act in the capacity most favourable to the Client.
Article 3 — Definitions
- "Package" means a combination of at least two different types of travel services (transport, accommodation, or other tourist services) sold together for an inclusive price for a period exceeding 24 hours or including an overnight stay, in accordance with EU Directive 2015/2302.
- "Linked Travel Arrangement" means services booked separately via facilitated links where no inclusive price is charged, as defined by Article 3(5) of Directive 2015/2302.
- "Organiser" means the Company when it combines and sells a Package under its own responsibility.
- "Retailer" means the Company when it sells a Package produced by another organiser (a third-party wholesale provider).
- "Service Confirmation" means the document issued by the Company confirming a standalone service booking (transfer, excursion, ticket, accommodation).
- "Booking Confirmation" means the written confirmation issued by the Company upon formation of a binding contract.
- "Departure Date" means the first day of travel as stated in the Booking Confirmation.
- "Force Majeure" means unavoidable and extraordinary circumstances beyond the Company's control which prevent performance of the contract, including but not limited to natural disasters, war, acts of terrorism, epidemics declared by WHO, governmental travel bans, or strikes affecting essential transport.
Article 4 — Contract Formation
4.1 A binding contract is formed when all three of the following conditions are met: (a) the Client has signed or electronically accepted the applicable contract document and these Terms; and (b) the Company has issued a written Booking Confirmation; and (c) the Company has confirmed receipt of the required deposit or full payment in writing. The timestamp of the Company's written payment confirmation constitutes the binding moment of contract formation.
4.2 For services resold as agent or affiliate (third-party booking platforms, experience platforms, airlines, accommodation providers), the binding contract is formed directly between the Client and the third-party provider upon that provider's confirmation. The Company's confirmation of transmission of the booking request does not itself constitute a binding contract.
4.3 Acceptance may be given by: handwritten signature; confirmed email reply expressly accepting the offer; booking form checkbox; or qualified electronic signature via an approved platform. All methods are legally equivalent under EU Regulation 910/2014 (eIDAS).
4.4 Enquiries and provisional holds do not constitute binding contracts. The Company reserves the right to decline any booking prior to issuance of Booking Confirmation.
Article 5 — Pricing, Payment, and Currency
5.1 All prices are quoted in EUR. Where payment is made in a currency other than EUR, the exchange rate applied shall be the Company's reference rate on the payment date.
5.2 For Package bookings organised by the Company, a deposit of 30% of the total package price is due within 5 business days of Booking Confirmation. The balance of 70% is due no later than 60 days before the Departure Date. For bookings made within 60 days of departure, full payment is due at the time of booking.
5.3 For standalone services (transfers, excursions, tickets), full payment is required at the time of booking unless otherwise stated in the Service Confirmation.
5.4 For third-party resale services, payment terms are as specified by the relevant provider and communicated to the Client prior to booking.
5.5 Package prices are stated as all-inclusive totals per package.
5.6 The Company reserves the right to adjust the price of an organised Package after contract formation only in the following limited circumstances: (a) changes in the cost of passenger transport resulting from fuel price changes; (b) changes in taxes or fees imposed by third parties; (c) changes in exchange rates affecting the Package. Price increases are permissible only if notified in clear and transparent manner at least 20 days before departure. The Client may reject a price increase exceeding 8% of the total package price and cancel with full reimbursement.
Article 6 — Outbound Packages — Company as Organiser
6.1 When acting as Organiser, the Company is fully responsible for the correct performance of all travel services included in the Package, regardless of whether those services are performed by the Company or by third-party service providers.
6.2 The Company shall not be liable for lack of conformity where: (a) the lack of conformity is attributable to the Client; (b) it is attributable to a third party unconnected with the provision of the Package and is unforeseeable or unavoidable; or (c) it is due to unavoidable and extraordinary circumstances (Force Majeure).
6.3 The Company's total liability for damages (other than personal injury or damages caused by intentional misconduct or negligence) is limited to three times the total package price per Client.
6.4 Liability for international air transport is subject to the Montreal Convention 1999 and applicable airline conditions of carriage. Liability for accommodation is subject to local accommodation law.
6.5 In the event of significant lack of conformity during the Package which cannot be remedied, the Client is entitled to a price reduction and/or compensation. Complaints must be reported to the Company immediately and confirmed in writing within 3 days of the end of the Package.
Article 7 — Resale Services — Company as Agent or Affiliate
7.1 When acting as Retail Agent or Affiliate for third-party providers, the Company's obligation is limited to accurately transmitting the Client's booking request to the relevant provider and communicating the provider's confirmation to the Client.
7.2 The Company is not responsible for the performance of services provided directly by third-party providers, including but not limited to flight operations, hotel services, excursion delivery, or accommodation standards.
7.3 Each third-party provider's own terms and conditions govern the service relationship between that provider and the Client. The Company will make those terms available to the Client prior to booking.
7.4 Where a third-party provider cancels, modifies, or fails to deliver a service, the Company will use reasonable efforts to assist the Client in obtaining a refund or remedy from that provider but does not guarantee any specific outcome.
7.5 The Company's liability as Agent is limited to verifiable losses directly caused by the Company's own errors in the booking transmission process.
Article 8 — Standalone Transfers and Excursions — Company as Direct Service Provider
8.1 Where the Company directly provides its own transfer or excursion service (not resold from a third party), the Company acts as direct service provider and is fully responsible for the correct performance of that service. These services — including transfers, day excursions (izleti), half-day tours, walking tours, and guided experiences lasting less than 24 hours — do not constitute package travel under EU Directive 2015/2302 and are governed solely by these Terms and the applicable Service Confirmation.
8.2 Transfer services are confirmed by point-to-point. The Company is not responsible for delays caused by flight changes, traffic conditions beyond its control, border controls, or force majeure events. The Client must notify the Company of any flight delays immediately.
8.3 Excursion services are delivered as described in the Service Confirmation. Itineraries may be adjusted by the Company for safety, weather, or operational reasons without liability, provided the overall nature of the service is maintained.
8.4 Cancellation of standalone services by the Client: cancellations made more than 48 hours before service time are eligible for a full refund. Cancellations within 48 hours of service time are non-refundable. For excursions involving advance third-party reservations (tickets, guides, boats), the cancellation deadline and refund terms will be stated in the Service Confirmation.
Article 9 — Visa, Travel Documentation, and Health Requirements
9.1 The Client is solely responsible for ensuring that all members of the travelling party hold valid travel documents (passports, visas, health certificates) required for the destination country and any transit countries. The Company may provide general information on requirements but this does not constitute legal advice and the Company accepts no liability for denied boarding or entry arising from documentation issues.
9.2 For destinations where specific vaccinations, health precautions or entry tests are required (including but not limited to Yellow Fever, COVID-19 protocols, Hepatitis A/B), the Client must independently verify current requirements with the relevant embassy, consulate, or official government source prior to travel.
9.3 Croatian nationals travelling to destinations requiring visas (Turkey, Egypt, Morocco, Tunisia, Dubai/UAE, etc.) are advised to apply no later than 6 weeks before the Departure Date. The Company accepts no liability for visa refusals.
Article 10 — Travel Insurance
10.1 Travel insurance covering cancellation, medical expenses, emergency repatriation, and personal effects is strongly recommended for all bookings, and particularly for outbound package travel. The Company is not an insurance provider.
10.2 The Company may offer access to travel insurance products through partner providers. Purchase of insurance through the Company is voluntary and subject to the insurer's own policy terms.
10.3 Failure to hold adequate travel insurance does not limit the Client's obligations under these Terms.
Article 11 — Cancellation by the Client — Organised Packages
11.1 The Client may cancel an organised Package at any time before departure. Written notice of cancellation must be sent to contact@cwi.hr. The following cancellation fees apply to the total package price:
| Cancellation Period | Cancellation Fee |
|---|---|
| More than 60 days before departure | 10% of total price |
| 60 – 45 days before departure | 30% of total price |
| 44 – 30 days before departure | 50% of total price |
| 29 – 15 days before departure | 75% of total price |
| Less than 15 days / no-show | 100% of total price |
11.2 Where the Client cancels due to unavoidable and extraordinary circumstances (Force Majeure) at or near the destination significantly affecting the Package, the Client is entitled to a full refund without cancellation fee, subject to verification of the circumstances.
11.3 Transfer of the booking to another person is permitted provided the Company is notified no less than 7 days before departure and both the original and substitute traveller accept joint liability for any additional costs arising from the transfer.
Article 12 — Cancellation or Modification by the Company
12.1 If the Company is required to cancel an organised Package before departure, the Client is entitled to: (a) accept an alternative Package of equivalent or higher quality without additional charge; (b) accept a downgraded alternative with a price reduction; or (c) receive a full refund of all payments made.
12.2 If the Company proposes a significant change to the Package (destination, dates, accommodation category, or price increase exceeding 8%), the Client must be notified immediately. The Client has the right to accept the change, accept a substitute Package, or cancel with full refund. Response is required within the reasonable deadline stated in the notification.
12.3 Cancellation due to Force Majeure: the Company may cancel without liability. The Client will receive a full refund of the package price paid. The Company is not liable for any consequential losses.
Article 13 — Insolvency Protection
13.1 The Company holds a valid insolvency protection guarantee as required under EU Directive 2015/2302 and Croatian tourism law. In the event of the Company's insolvency, prepaid amounts for Packages are protected and repatriation of Clients in transit will be arranged.
13.2 Insolvency protection details (insurer name, policy number, contact) are stated in the Pre-Contractual Information Form provided prior to each Package booking and are available on request at contact@cwi.hr.
Article 14 — Complaints and Dispute Resolution
14.1 Any complaint regarding an organised Package must be reported to the local service provider (hotel, guide, transport operator) immediately upon occurrence, and confirmed in writing to the Company at contact@cwi.hr within 14 days of the end of the Package.
14.2 For resale services, complaints regarding third-party provider performance must be directed to the relevant provider. The Company will reasonably assist the Client in lodging such complaints but is not a party to the third-party service contract.
14.3 The Company will acknowledge all written complaints within 5 business days and provide a substantive response within 30 days.
Article 15 — Alternative Dispute Resolution and Online Dispute Resolution
15.1 In accordance with EU Regulation 524/2013 on online dispute resolution, consumers resident in the EU may submit complaints through the European Commission's ODR platform at: https://consumer-redress.ec.europa.eu/dispute-resolution-bodies_en. The Company's contact email for ODR purposes is contact@cwi.hr.
15.2 Participation in ADR proceedings is voluntary for the Company unless required by applicable law. This clause does not affect the Client's right to bring proceedings before a competent court.
Article 16 — Governing Law and Jurisdiction
16.1 These Terms are governed by the laws of the Republic of Croatia, including the Zakon o obveznim odnosima (Law of Obligations), Zakon o pružanju usluga u turizmu (NN 130/17), and Posebne uzance u ugostiteljstvu (NN 74/2023).
16.2 Without prejudice to the mandatory rights of consumers under applicable EU law — including the right to bring proceedings before the courts of their habitual residence pursuant to EU Regulation 1215/2012 (Brussels I Recast) — disputes shall preferably be resolved before the competent court in Split, Republic of Croatia.
Article 17 — Data Protection
17.1 The Company processes personal data in accordance with EU Regulation 2016/679 (GDPR). Personal data provided in connection with a booking is used solely for the purpose of fulfilling the service and complying with legal obligations. Data is not sold to third parties. The Client's full privacy notice is available at travel.cwi.hr/privacy-policy.
Article 18 — Electronic Contracts and Signatures
18.1 These Terms and any contract formed under them may be concluded electronically. Electronic contracts are legally valid under EU Regulation 910/2014 (eIDAS) and Croatian Zakon o elektroničkoj trgovini (NN 173/03). A contract concluded electronically has the same legal force as a written paper contract.
Article 19 — Language Versions and Precedence
19.1 These Terms are available in Croatian and English. In the event of any discrepancy between the Croatian and English versions, the Croatian version shall prevail.
Article 20 — Severability and Entire Agreement
20.1 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue in full force. The invalid provision shall be replaced by the closest legally effective provision achieving the original intent.
20.2 These Terms, together with the applicable Pre-Contractual Information Form, Package Travel Contract or Service Confirmation, constitute the entire agreement between the parties for the relevant service.