Public Agreement

CRUISE CENTER, also known as "Light Cloud", registration number: 9509267000, Rogaška Slatina, Slovenia Date: August 29, 2024 TOURIST CONTRACT This Tourist Agreement (hereinafter referred to as the "Agreement") is a public offer. which are the relations between DRUSTVO SA OGRANICENOM ODGOVORNOSCU "Cruises Center", Light Cloud, registration number: 9509267000, Rogaška Slatina, Slovenia, a legal entity registered and operating in accordance with the legislation of Slovenia (hereinafter referred to as the "Cruise Center" or "Tourist Agent"), acting as a tourist agent and individuals intending to purchase a tourist product in accordance with the terms of this Tourist Agreement (hereinafter referred to as the "Tourist"). The date of conclusion of this Tourist Agreement is the date of payment of the invoice for the selected tourist product. The performance by the Tourist of the actions provided for in this Agreement and/or the performance by the Tourist of other actions provided for in this Agreement means full and unconditional agreement of the Tourist with all the points of this Agreement with all its amendments and additions, as well as unconditional acceptance of its terms, and indicates the conclusion of an agreement between the Cruise Center and the Tourist. The Tourist has the right to refuse to perform the Agreement before the start of the tourist trip on the condition of compensating the Cruise Center and the Tour Operator for expenses related to the refusal, actually incurred by the latter.

  1. DEFINITIONS AND TERMS "Tourist Product" - a tourist product, that is, a set of tourist services that was selected and ordered by the Tourist on the Site by filling out an online electronic form or in another way through the Cruise Center, and subsequently confirmed and/or booked by the Cruises Center in accordance with the Tourist's application; "Website" means the website https://cruises.center/; "Tourist" - an individual who spends at least 24 hours or stays at least 24 hours or stays at least one night, but not more than one year without interruption, in a place outside their place of residence for the purpose of rest, relaxation, entertainment, sports activities, and rest, culture, religion, ecology, participation in business communication, participation in sports competitions, cultural and artistic events, as well as for the purpose of traveling by boat or other vessel; "Tour Operator" means a legal entity that organizes package tours and sells them directly, implements or offers for sale through a Tourist Agent, organizes excursions or offers other services common in tourism; CRUISE CENTER, Light Cloud, registration number: 9509267000, Rogaška Slatina, Slovenia "Tourist Agent" (also means "Cruise Center") means a legal entity realizing the Tourist Product provided by the Tour Operator, and/or offering other agency services; "Electronic Application" - a request for the provision of a Tourist Product, received by submitting an application in electronic form on the Site and containing a list of services necessary for the registration of the Tourist Product, including last name, first name, gender, date of birth, citizenship, passport identification number (including date of issue, expiration date), phone number, email, personal preferences of the Tourist. In this Agreement, the Electronic Application is considered as an offer of the Tourist, confirming the intention of the Tourist to accept this Agreement; "Confirmation of Application (Acceptance)" - confirmation by the Tour Operator of the Electronic Application of the Tourist through the Tour Agent, containing the consent of the Tour Operator to provide the Tourist Product. Such confirmation may be provided in the form of an invoice issued through Cruises Center. Payment of such an invoice is considered confirmation of the Tourist's desire to conclude the Agreement.
  2. SCOPE OF AGREEMENT 2.1. The Tour Operator through the Cruise Center undertakes in accordance with the Electronic Application to ensure the provision of a set of tourist services (Tourist Product), and the Tourist undertakes to accept and pay for them under the terms of this Agreement. 2.2. The Confirmation of Application (Acceptance), accepted by the Tourist, contains the following information:
  3. the period of stay in the place of provision of tourist services with the indication of the dates of the beginning and end of the provision of such services;
  4. characteristics of transport means carrying out transportation, in particular their type and category, as well as the date, time, and place of departure and return (if transportation is part of the Tourist Product);
  5. types and methods of serving food;
  6. tourist service program;
  7. types of excursion services and other services included in the cost of the Tourist Product;
  8. details of the insurer providing insurance for the Tourist (if any);
  9. other information depending on the circumstances. 2.3. The Electronic Application must be completed by the Tourist in full and contain truthful information. 2.4. The Electronic Application is considered an irrevocable offer of the Tourist to conclude the Agreement. 2.5. After receiving the properly executed Electronic Application, the Tour Agent places the order in the online system and transfers it to the Tour Operator. CRUISE CENTER, Light Cloud, registration number: 9509267000, Rogaška Slatina, Slovenia 2.6. If it is possible to satisfy all the essential conditions required by the Tourist, the Tour Operator must (no later than the fifth day from the moment of receiving the Electronic Application) send via SMS, email, messages in popular messengers (Viber, WhatsApp, Telegram, etc.) Confirmation (acceptance) of the application. 2.7. Cruises Center guarantees the Tourist timely payment for the Tour Product and receipt of documents from the Tour Operator.
  10. RIGHTS AND OBLIGATIONS OF THE PARTIES The Tourist has the right to: 3.1. receive all necessary information about the Tourist Product before concluding the Agreement; 3.2. have on board ships operating outside rivers or coastal waters, constant professional emergency medical assistance as needed until shore medical assistance becomes available; 3.3. receive timely updated information about any corrections to the ship's route in case of mechanical failure or emergency, as well as timely updated information about the status of efforts to eliminate mechanical failures; 3.4. a crew of the ship that has undergone appropriate training in emergency actions and evacuation; 3.5. an emergency power source in case of failure of the main generator; 3.6. transportation to the planned port of disembarkation of the ship or the city of residence of the passenger in case of early termination of the cruise due to mechanical failures; 3.7. accommodation in case of the need for disembarkation and overnight stay in an unscheduled port in case of early termination of the cruise due to mechanical failures; 3.8. included on the website of each cruise line a free telephone line that can be used for questions or information regarding any aspect of ship operations; 3.9. have an emergency phone number or information about a contact point where they can contact the Tourist Operator; 3.10. proper performance of this Agreement by the Tour Operator; 3.11. free choice of tourist services when ordering the Tourist Product; 3.12. receipt of a set of tourist services in accordance with the accepted and executed Electronic Application. The Tourist has the following obligations: 3.13. To inform the Tour Operator and the Cruise Center with truthful information about themselves and the persons traveling with them, including last name, first name, contact phones, email address, address of residence, information about contact person(s) for communication in an emergency situation; 3.14. To familiarize themselves in advance and in full with the provisions of this Agreement, the rules (conditions) of organization and behavior of the Tour Operator and the provision of other tourist services by the partners of the Tour Operator, as well as to comply with these rules; 3.15. To pay the cost of the Tour Product in accordance with the terms of this Agreement, as well as any other payments due on board the ship during the trip (including service charges, payment for additional services, etc.); 3.16. To provide the Tour Operator and the Cruise Center with documents necessary for the registration of the Tour Product in a timely and complete manner; 3.17. To receive and check the availability and correctness of the documents necessary for the tourist trip and to immediately notify the Tour Operator and the Cruise Center of any deficiencies (inaccuracies, errors) found in them; 3.18. To arrive at the place of departure of the transport (land, air, sea) no later than 2 hours before for timely registration; 3.19. Not to violate the rights and interests of third parties, the requirements of the legislation in force in the territory of the country of stay; 3.20. To comply with customs, border, sanitary, and other rules; 3.21. To respect the political and social system, traditions, customs, religious beliefs of the country (locality) of stay; 3.22. To inform the Tour Operator by sending a message to their email address or when ordering the Tour Product and in any case before the Confirmation of Application (Acceptance) of all information that will allow the Tour Operator to objectively identify contraindications to the receipt of certain types of tourist services and the Tourist Product as a whole, including but not limited to: specific health conditions, pregnancy and its term, psychoneurological diseases, other circumstances related to health status. In case such information is not provided to the Tour Operator before the conclusion of this Agreement, the Tourist bears personal responsibility for the change in health status and/or the occurrence of a fatal outcome for a number of reasons, including but not limited to, in connection with the change in climatic conditions, peculiarities of the national cuisine of the host country, weather conditions, and other reasons depending on the circumstances; 3.23. To compensate the Tour Operator (or the Cruise Center, where applicable) for damage caused by the unlawful actions of the Tourist; 3.24. To make the necessary vaccinations and obtain the corresponding documents or obtain official written confirmation that the health status of the Tourist does not prevent participation in the selected Tourist Product. Rights of the Tour Operator (also means the rights of the Tour Agent, where applicable): CRUISE CENTER, Light Cloud, registration number: 9509267000, Rogaška Slatina, Slovenia 3.25. In the event of an unforeseen increase in transport tariffs, changes in the legislation of the country (place) of temporary stay of the Tourist (including changes in the rules of entry and stay), which occurred after the confirmation of payment, to change the price of the Tourist Product unilaterally with simultaneous notification of the Tourist of such changes; 3.26. In the event of the occurrence, for reasons and circumstances beyond the control of the Tour Operator, which do not allow it to properly fulfill its obligations for the implementation of the Tour Product, to ensure, by agreement with the Tourist and the partner of the Tour Operator, the replacement of the offered tourist services, including places of accommodation (houses, hotels) with the preservation of the class of service (category, star rating) or with the provision of services of a higher class (category, star rating). Reasons and circumstances beyond the control of the Tour Operator may include the following (including but not limited to): the result of the actions of the captain of the ship, exercising full control and management of the ship, in connection with which the captain has the right: to sail without a pilot; to tow and assist other ships in any situation at his discretion; to deviate from the original route; to enter any port regardless of whether it is provided for by the route or not; to make a decision on a partial change of the cruise route in case of a threat to the safety of passengers; to refuse a passenger to board the ship or to interrupt his trip in the nearest port if, as a result of the behavior of the Tourist, a threat to the life and health of other passengers, etc. has arisen; 3.27. In the event of non-fulfillment by the Tourist of any of the monetary obligations provided for in this Agreement, the Tour Operator has the right to unilaterally and without prior notice to the Tourist refuse to provide the booked Tour Product and/or change its consumer properties, and/or suspend the provision of services provided for in the cruise booking application previously confirmed by the Tour Operator. Losses incurred by the Tourist in connection with the fulfillment by the Tour Operator of the conditions of this Agreement are not compensated by the Tour Operator, and the Tourist bears independent property responsibility for them; 3.28. In the event of the Tourist's unilateral refusal of the Tour Product, the Tour Operator does not compensate the Tourist for the cost of the services already provided; 3.29. In the event of the Tourist's unilateral refusal of the Tour Product, to demand compensation for expenses and payment of fines in accordance with the terms of service provided by the relevant Tour Operator. 3.30. To make any changes to the duration of the trip and other parameters of the tourist services included in the Tour Product if this is related to the need to ensure the safety of the Tourist; 3.31. To refuse to perform the Agreement without compensation to anyone in the following cases: 3.31.1. The occurrence of force majeure circumstances under which the implementation of the Tour Product is impossible or is the result of actions that the Tour Operator and other subjects of tourist activity providing tourist services within the framework of the Tour Product could not foresee; CRUISE CENTER, Light Cloud, registration number: 9509267000, Rogaška Slatina, Slovenia 3.31.2. Refusal of a consular/diplomatic institution of a foreign state to issue a visa/permission to enter its territory to the tourist. The Tour Operator is obliged to: 3.32. provide assistance if the Tourist is in a difficult situation; 3.33. ensure the booking of tourist services in accordance with the Confirmation of Application (Acceptance); 3.34. provide a document confirming the payment by the Tourist of the cost of tourist services in accordance with the Confirmation of Application (Acceptance) and the terms of this Agreement.
  11. PAYMENT PROCEDURE 4.1. The full cost of the services selected by the Tourist on the Site will be indicated in the corresponding invoice issued by Cruises Center. 4.2. Depending on the start date of the Tour Product and the rules of the cruise lines, the Tourist must pay a deposit, the percentage of which varies from 30% to 100% (of the total cost of the tourist service). 4.3. In the case of a promotional sale of the Tour Product, the payment of the deposit is equal to 100%, and in the case of cancellation of such a promotional Tour Product, the penalty of the Tour Operator is 100% of the cost. 4.4. The full payment for the Tour Product must be made by the Tourist no later than 45-90 days before the start of the Tour Product. 4.5. The price of the Tour Product is indicated in US dollars or euros. In case the exchange rate indicated in the invoice has changed after the invoice was issued, the parties will use the US dollar or euro exchange rate fixed on the website www.xe.com at the time of payment. 4.6. All payments are made by bank transfer to the bank account of Cruises Center indicated in the corresponding invoice. 4.7. The amount of port fees and taxes, which are part of the Tour Product, may be changed at any time and must be paid by the Tourist within 2 days from the date of notification by the Cruise Center.
  12. LIABILITY OF THE PARTIES 5.1. For improper performance or non-performance of obligations under this Agreement, the Cruise Center and the Tourist are liable in accordance with the applicable legislation, as indicated in clause 6.4 of the Agreement, unless otherwise provided by this Agreement. 5.2. The Tourist undertakes not to violate and not to attempt to violate the provisions of this Agreement. 5.3. The Tourist hereby agrees to compensate for damages and indemnify Cruises Center from any claims or demands, including reasonable attorneys' fees, from any third party in connection with or as a result of the Tourist's breach of this Agreement, any law, or the rights of third parties. 5.4. The Tour Agent is not liable for the obligations of the Tour Operator.
  13. CONFLICT RESOLUTION 6.1. All claims of the Tourist regarding service issues are accepted for consideration in written form, provided that there is an Act signed by a representative of the receiving party in the country of stay of the Tourist within 14 days from the end of the tour. The claim must be submitted in written form in two copies with documentary confirmation of the circumstances stated in the claim. 6.2. Claims submitted or filed by the Tourist in violation of clause 6.1 of this Agreement are not accepted. 6.3. The Tour Agent does not accept claims and is not responsible for claims related to certain deviations regarding the service provided by hotels, motels, boarding houses (unpalatable food, air conditioning malfunctions, high cost of additional services, interruptions in water and electricity supply, cleaning of premises and territory, unreliable Internet connection, etc.). The Tour Agent does not have information about the possible plans of the hotel administration regarding construction and repair work in the resort area. 6.4. The terms of this Agreement are governed and interpreted in accordance with the legislation of Slovenia without the application of any principles of conflict of laws or provisions on the choice of law. Any lawsuits or claims related to this will be considered only in Slovenia, and you hereby agree and submit to personal jurisdiction in such a place. The Tourist agrees to resolve any disputes through binding arbitration administered by the Arbitration Court of the Chamber of Commerce of Slovenia (https://komora.me/pkcg/arbitazni-sud).
  14. AMENDMENT OF THE AGREEMENT 7.1. Cruises Center has the right to amend or supplement this Agreement from time to time without any special notice by posting a new version of the Agreement on the Site. The new version of the Agreement comes into force from the date of its posting on the Site, unless otherwise provided by the new version of the Agreement.