SERVICES TO BE PERFORMED
Art. 1: Services to be performed
DT is a destination management company specialized in the production, coordination and implementation of ground and hotel services as confirmed by the CLIENT for an agreed upon program. Ground services, defined in Annex 1 of the agreement, constitute program services planned and organized by DT and executed by DT contracted third party service providers, exclusive of hotel services. Hotel services are not ground services and their terms and conditions are defined in Annex 2.
Art. 2: Rates
Rates are calculated in good faith and quotations, including VAT, are valid for the services requested. Rates are based on the requested number of participants and given dates. The rates are based on current exchange rate and local taxes effective on the date the price quotation is created. The quoted prices are subject to adjustment in case of governmental legislation changes such as increase in VAT or other taxes.
Art. 3: Confirmation
A program is considered confirmed once the Service Agreement is signed by both agreeing parties and the first deposit is received by DT.
In the event that no further addendum is made, any additional arrangement /agreements which the parties confirm via email after the signing of the Service Agreement shall form part of the binding agreement.
Art. 4 Payment Conditions
The payment schedule is divided between ground and hotel services according to supplier conditions.
Standard ground services constitute non specialty services including but not limited to ground transportation, guide services, restaurant reservations, entrances, and similar. The payment schedule for standard ground services is defined below.
Specialty ground services constitute specialty services including but not limited to venue rentals, privatizations, entertainment, lighting, audio and video services, printing and production services, catering services, boat rentals and boat transfers, specialty items and purchases. The payment schedule for specialty services is defined according to the supplier’s conditions for the individual program and may vary from those provided for standard services.
The payment schedule for hotel services including but not limited to accommodations, conferencing, food and beverages reflect those prescribed by the hotel and will be quoted as per individual program requirements.
The CLIENT and DT agree on the following payment schedule:
For standard ground services:
- DEPOSIT #1: 10% of the total amount to be paid by the CLIENT upon group confirmation
- DEPOSIT #2: 20% of the total amount to be paid by the CLIENT 60 days prior to group’s arrival
- DEPOSIT #3: 70% of the total amount to be paid by the CLIENT 30 days prior to group’s arrival
For specialty ground services:
- as per supplier terms
Special payment terms may apply to programs confirmed on shorter notice as well venue rentals, privatizations, entertainment, lighting, audio and video services, printing and production services, catering services, boat rentals and boat transfers, specialty items and purchases.
For all hotel services:
- as per hotel terms
The deposit amounts are based on DT’s most recent itemized costing agreed upon by both contracting parties.
All invoices are due and payable in quoted currency by bank transfer, inclusive of all bank charges. The programme will be invoiced in accordance to the VAT Margin Scheme and is payable within the stipulated payment schedule. All unpaid balances will automatically incur interest per annum as prescribed by law and effective from the date the invoice was due. DT reserves the right to cancel or withhold any service for which deposits were not received on the dates due, or have not been fully prepaid in accordance with the payment schedule.
Payments are to be made to the Bank specified on the Invoice and proof of payment (MT 103 form) should be provided to DT once initiated.
Art. 5 Cancellation Conditions
DT must be notified of all cancellations in writing. All deposits paid or due to DT up to the moment of cancellation, will become forfeit unless otherwise agreed upon for covering cancellation charges towards third party suppliers as per their contracting conditions. Deposits not paid on the contracted date remain due to DT regardless of cancellation.
The CLIENT and DT agree on the following cancellation terms:
For standard ground services:
- Deposits are non-refundable once due as damages
For specialty ground services:
- as per supplier terms
For hotel services:
- as per hotel terms
Art. 6: CLIENT requested modifications
Subsequent to the date of this agreement, it may be necessary for CLIENT to make certain modifications to the agreement then in effect. CLIENT will advise DT of any modifications or corrections to the services in writing.
In such event, and upon receipt of CLIENT’s requested modifications, DT agrees to use its best efforts to negotiate the requested modification of the CLIENT with third party suppliers. In the event DT is able to accommodate such requested modifications DT will notify CLIENT of the change in price, if any, and will prepare a new draft of the pertaining annex which shall supersede the previous annex draft then in effect. In the event DT is unable to accommodate CLIENT’s requested modifications, or in the event CLIENT does not approve the prices and terms set forth in the revised addendum, CLIENT and DT shall continue to remain obligated to perform their respective obligations pursuant to this agreement and pursuant to the annex then in effect.
DT reserves the right to adjust elements of the budget should the programme change. These include the alteration of venues in case of number reduction. Prices are based on anticipated numbers of guests. Rates may increase and/or services/venues may need to be changed if numbers should increase or decrease. Any changes in minimum or maximum numbers may result in re-costing of services
A reduction in participant numbers for ground services that does not exceed 10% of the contracted number of participants will not incur charges if DT is made aware of this reduction in writing up to 21 days prior to group arrival, unless otherwise specified in writing. A reduction in participant numbers not in excess of 5% for ground services will be allowed without penalty if advised to DT 20 to 7 days prior to arrival, unless otherwise specified in writing. No reduction will be allowed without penalty for reductions received less than 7 days prior to group arrival, unless otherwise specified in writing. These amounts are not cumulative. Reduction in participant numbers for hotel services as defined as per terms in Annex 2.
Please note that prices for TBC items contracted in Annexes 1 and 2 are for reference only and will be subject to availability and prices will be as per market conditions at the time of confirmation. Reservations cannot be guaranteed for TBC items unless otherwise agreed in writing.
Art. 7: Costs made in the destination
The CLIENT and DT agree that all extra costs will be paid immediately in the destination unless otherwise agreed upon in writing. All additional requested services will require the signature of an authorized representative appointed by the CLIENT, and a credit card guarantee will be taken by the hotel and by DT. Services confirmed in the destination at the time of program execution will be subject of market conditions. Prices may vary from those previously contracted. The CLIENT will be held responsible as joint debtor for all claims and extra services (including but not limited to telephone calls, mini bar, laundry, service, restaurant bills, etc) incurred by his guests, on the basis of the contract, even if “self-payment by the guest” has been stipulated.
DT must be made aware of any and all complaints immediately on site. DT will try to rectify the problem in real time to the CLIENT’s satisfaction. If this is not possible, all complaints must be submitted to DT in writing prior to the CLIENT’s departure from Croatia or 24 hours after service completion, whichever comes first. Each claim will be examined and forwarded to the suppliers for approval, after which DT will try to rectify the problem as soon as possible and to the best of its abilities. Claims not reported in the destination or within the given time period will not be validated.
Art. 9: Refunds
During the operation of the programme, the value of wholly or partially unused services for rooms, meals, transportation or any other service, will not be refunded unless, DT recovers the costs involved. Prorated cost refunds cannot be made in connection with motor coaches, guides, couriers, admission fees or similar minor items, or in connection with performing arts, venues, or other special-event tickets.
In case of complaints, the amount of the refund will be based on the real damage incurred within a provided service.
Art. 10: Liability
DT shall act as agent on behalf of the CLIENT in making any and all arrangements under this Agreement. DT, its employees, representatives or all other parties, agents or organizations collaborating with DT shall in no way be liable for any delay, accident, personal injury, illness, strike-action, deviation, curtailment, loss of/or damage to luggage or other personal property, unless such event is caused by intent or gross negligence by DT.
CLIENT acknowledges that DT does not own, operate, or in any other manner exercise control over third party supplier for the provision of goods and services for the Programme specified herein, including the service of alcoholic beverages. Regardless of the third party supplier used, CLIENT hereby releases, covenants not to sue, and forever discharges DT, and its owners and employees from any and all liability, claims, actions and causes of actions whatsoever arising out of or related to any loss, damage or injury that may be sustained due to the alleged or actual acts or omissions of a third party supplier of products or services under this contract. Accordingly, CLIENT agrees that it will look solely to the third-party supplier for compensation for said losses, damages or injuries.
In the event of the occurrence of any major political event, unforeseen government action or Force Majeure (such as e.g. Flooding, Fire, War, Civil Commotion or Disturbance, Riots, Acts or Threats of Terrorism, Break-down of public services or Amenities) at the place where the Program is to be handled, which may affect the safety of the participants or may prevent the program from taking place, DT reserves the right to cancel any or all services under this Agreement. In such a case DT will endeavour to offer alternative arrangements or will refund to the CLIENT all recoverable monies after deducting necessary costs, reimbursements, payments or charges. In addition, specific COVID 19 Force Majeure terms may be negotiated with suppliers on a case by case basis at the time of program confirmation if required.
The CLIENT will ensure that any services directly contracted by the CLIENT and not supplied by DT meet all local and national requirements and are properly and fully covered by the CLIENT’S insurance policy. The CLIENT will submit to DT, in writing, all details of the above-mentioned services for approval by the venue in which they will be used if said venue is contracted through DT. The CLIENT accepts full responsibility for any omissions or errors in communication as well as any consequences arising from non-compliance with laws, regulations and terms. DT will in no way be held responsible.
The CLIENT is responsible for ensuring that participants’ travel documents are in order and comply with all local requirements (passports, visas, etc). The CLIENT will insure itself against injury, lost luggage, repatriation and similar. DT cannot be held liable for the traveller’s failure to comply with those formalities or insurances.
DT and CLIENT both agree to carry general liability insurance and workers compensation coverage on their employee as applicable in at least the minimum amount required by the law.
CLIENT will be responsible for the acts or omissions of its employees, agents, members, guests or invitees. The CLIENT will also be held responsible for any damages caused by the gross negligence of and/or willful misconduct by the participants and /or staff to property in the destination (including, but not limited to: jeeps, boats, scooters, cars, buses, rooms, furniture, restaurant/sport equipment, arts and decorations, any technical equipment provided by DT or any third party). When self-driving is conducted in the destination, a credit card guarantee will be requested from the CLIENT or from each participant individually.
The CLIENT (agency or company representative who is inviting the participants) is responsible of advising their participants of any and all possible risks involved in taking part in such an activity and should accept liability for his/her own safety.
DT disclaims responsibilities for any losses, accidents, changes of schedule or any irregularities caused or arising from circumstances beyond its control including but not limited to the behavior of registered participants or CLIENT employee. No liabilities shall be taken for loss of personal property or personal injury.
The CLIENT is responsible for monitoring participants’ alcohol consumption. DT reserves the right to deny intoxicated participants access to planned activities. DT is not to be held liable for damages by or injury to intoxicated participants.
Art. 11: Confidentiality and Data Protection
Contracting parties agree that all information contained here within will be held as confidential and will not be released to third parties without the direct and written consent of the affected party.
During the preparation of the program, it may be necessary to provide third parties with personal data of individual participants in order for contracted services to be executed successfully. For this purpose, DT has in place the necessary procedural, technical and security measures required to temporarily store, transfer and delete such data in accordance with the guidelines set forth by the General Data Protection Regulation (GDPR) (EU) 2016/679.
By signing this agreement, the CLIENT confirms that he is in the role of the data controller while DT is in the data processor with all responsibilities and obligations that apply to each respectively.
The CLIENT is solely responsible for informing and obtaining consent from individuals whose data they will be collecting, including informing them that this data may be transferred within different countries, both European Union and non-European Union entities as the program will require. The CLIENT will provide to DT, if requested, proof that such consent has been received.
DT takes responsibility for personal data provided by the CLIENT in accordance with internal Data Protection procedures only in the event that such information is clearly marked as “Confidential Personal Data” by the CLIENT and the scope of which this information can be used is clearly defined. This includes, but is not limited to, providing authorization for the transfer of such information to those third parties for whom this information is a necessary element for the execution of the contracted program. DT will delete all personal data received from the CLIENT 30 days after program completion, unless its storage is otherwise required by law.
DT warrants that any personal data that is collected pertaining to the CLIENT’S employees and agents will only be used for the purposes directly associated with the program and for the purpose of doing business. These individuals will have adequate access in order to amend, oppose or request deletion of this information. All such requests are to be received by DT in writing.
In the event of a suspected or actual data breach, DT will inform the CLIENT in the shortest possible timeframe.
All of the above is in accordance with current implementation of legislation and is subject to adjustment, if necessary, of which the CLIENT will be advised.
By signing this agreement, the CLIENT accepts that data processing will be carried out on personal data that has been provided in accordance with Data Protection Regulation for the purposed of providing the confirmed services and fulfilling legal obligations.
Art. 12: Inspection Trips
Once a program is confirmed, DT will provide for the first site inspection the following services (for maximum 2 persons and 2 nights): complimentary local car transfers, one complimentary meal and other program related venue inspections. DT will negotiate the best rates for services requested through DT from third party service providers in order to keep inspection costs as low as possible. DT reserves the right to invoice for subsequent inspection as well as out of pocket expenses for items of a personal nature, extra meals, intercity and interstate transfers and similar. In the event of group cancellation, the CLIENT will be invoiced at cost for complimentary services provided during inspection.
Art. 13: Gratuities
Gratuities are customary and range from 5%-10% of total services. They are not included in DT rates and are at the CLIENT’S discretion.
Art. 14: Disputes
Contracting parties agree that any dispute or disagreement resulting out of or in connection with the services provided by DT will be settled through mediation. If an agreement between DT and the CLIENT cannot be reached through negotiations the dispute will be settled in Croatia at the Commercial Court of Split, Dubrovnik Court House.