Art. 7: Costs made in the destination
The CLIENT and a-Way agree that all extra costs will be paid immediately at 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 A-Way. Services confirmed in the destination at the time of program execution will be subject to 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.
Art.8: Complaints
A-Way must be made aware of any and all complaints immediately on-site. A-Way 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 a-Way in writing prior to the CLIENT’s departure from Croatia / destination or 24 hours after service completion, whichever comes first. Each claim will be examined and forwarded to the suppliers for approval, after which A-Way 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 program, the value of wholly or partially unused services for rooms, meals, transportation, or any other service, will not be refunded unless A-Way 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
A-Way shall act as an agent on behalf of the CLIENT in making any and all arrangements under this Agreement. A-Way, its employees, representatives, or all other parties, agents, or organizations collaborating with A-Way 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 A-Way. CLIENT acknowledges that A-Way does not own, operate, or in any other manner exercise control over third-party suppliers 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 A-Way, 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, A-Way reserves the right to cancel any or all services under this Agreement. In such a case A-Way will endeavor 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 A-Way meet all local and national requirements and are properly and fully covered by the CLIENT’S insurance policy. The CLIENT will submit to A-Way, 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 A-Way. 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. A-Way 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. A-Way cannot be held liable for the traveler’s failure to comply with those formalities or insurances. A-Way 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/sports equipment, arts and decorations, any technical equipment provided by A-Way or any third party). When self-driving is conducted at 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 for 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. A-Way 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 employees. No liabilities shall be taken for loss of personal property or personal injury. The CLIENT is responsible for monitoring participants’ alcohol consumption. A-Way reserves the right to deny intoxicated participants access to planned activities. A-Way 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 the personal data of individual participants in order for contracted services to be executed successfully. For this purpose, A-Way 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 A-Way 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 A-Way, if requested, proof that such consent has been received. A-Way 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. A-Way will delete all personal data received from the CLIENT 30 days after program completion unless its storage is otherwise required by law. A-Way 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 A-Way in writing. In the event of a suspected or actual data breach, A-Way will inform the CLIENT in the shortest possible timeframe. All of the above is in accordance with the 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 the Data Protection Regulation for the purpose of providing the confirmed services and fulfilling legal obligations.
Art. 12:Gratuities
Gratuities are customary and range from 5%-10% of total services. They are not included in A-Way rates and are at the CLIENT’S discretion.
Art. 13: Disputes
Contracting parties agree that any dispute or disagreement resulting out of or in connection with the services provided by A-Way will be settled through mediation. If an agreement between A-Way and the CLIENT cannot be reached through negotiations the dispute will be settled in Croatia at the Commercial Court of Zagreb.
