1.1 The following terms and conditions govern the contractual relationship between the provider of a holiday house or holiday apartment - hereafter "Agency" and the renter - hereafter "customer" or "client". Holiday house and holiday apartment are referred to as "object".
1.2 A binding rental agreement between the Agency and customer is concluded with the receipt of the written booking confirmation by the customer. The basis of this contract - hereafter referred to as "booking" - is the written booking confirmation, the object presentation on the internet page of atraveo GmbH at the time of the booking as well as these rental terms and conditions.
1.3 The object is rented to the customer for the booked period. The customer is obliged to solely use the object for vacation purposes and only for the maximum amount of people stated in the booking.
1.4 atraveo GmbH acts as an intermediary for the Agency with initiation and conclusion of rental agreements, their change, cancellation and termination as well as duties in regards to the payment
transaction and dispatch of travel documents.
2.1 The customer is obliged to pay the rental price, additional prices and deposit stated in the booking.
2.2 An installment amounting to 25 % of the rental price is immediately due after the booking of the object. The remaining amount is payable latest on the 42nd day before the start of the rental
agreement. Should there be less than 42 days between the booking and start of the rental agreement then the entire rental price will be due. Cancellation and rebooking costs are immediately due.
2.3 Without complete payment of the amount due the customer has no right to the booked service. The owner is entitled to refuse the handover of the object at the start of the rental agreement.
3. Travel documents
3.1 Unless nothing else has been stated in the booking the customer will receive travel documents after complete payment of the rental price. These documents will include information from the owner in regards to the handover of the keys, directions to the object and further relevant details. At the start of the rental agreement the travel documents are to be presented with the booking confirmation.
3.2 Should the travel documents not have been sent to the customer at least 14 days after complete payment of the rental price then the customer is obliged to immediately contact atraveo.
4.1 As far as stated in the booking the Agency is able to request at the start of the rental agreement from the customer a deposit as a security.
4.2 The Agency is obliged to return the paid deposit to the customer at the end of rental agreement and receipt of the keys. Any accrued additional charges will be settled against this sum. The same applies to damages that have occurred at the object which the customer is responsible for.
5.1 The customer can withdraw from the booking with the Agency up until the stipulated start of the agreement in written form. The time of the receipt of the withdrawal is of significance.
5.2 Following general cancellation fees are applicable:
· 25% of the rental price by withdrawal up to the 42nd day before start of the rental agreement
· 60% of the rental price by withdrawal from the 41st to the 28th day before start of the rental agreement
· 90% of the rental price by withdrawal from the 27th day before start of the rental agreement or absence
5.3 The customer is free to provide evidence that the Agency has not incurred any or a significantly minor damage. This can be assumed in cases where the object has been rented otherwise in the same travel period and to the same terms and conditions.
5.4 The specified cancellation charges also apply in case when booking details have been changed and the service provider does not accept the possible change of the reservation, with respect to the transfer of the amount already paid by the client to a new account.
5.5 If the client wants to change to an accommodation unit of a different service provider it will be treated as a booking cancellation. In that case the client will be charged cancellation fee on the scale shown above and if there is a difference in price it will be transferred to the new client\'s reservation. The Agency will offer the client a 10% discount (10 % od the amount of the cancelled reservation) on the new reservation.
5.6 If the reservation is cancelled due to death of the client (the contractor) or of a member of his/her immediate family, the Agency will charge the minimum cancellation fee (25 %). This regulation
is applied if the reservation is cancelled due to death of a member of the group or a member of his/her immediate family (spouse, brother, sister, parent or child), in case that the Agency disposes of
information that this person is a group member.
5.7 The client must provide the Agency with a death certificate, and if necessary with a statement of family relationship between the deceased and the client, or member of the group.
5.8 When the correct amount to be refunded to the client is determined, the Agency will make the payment to the client\'s bank account. Bank charges will be borne by the client.
5.9 If the cancellation is due to any other reason, the client will be charged the cancellation fee on the scale shown above depending on the date when the cancellation notification was received by the Agency or by Atraveo.
6. Service Categorization and Description
6.1 The offered accommodation units are classified according to the official categorization of the local tourist board at the time of the work permit issuance, and according to the current conditions of the accommodation unit found upon the inspection of the Agency personnel.
6.2 The agency guarantees that a kitchen facility in every accommodation unit is equipped with corresponding dishes and cutlery required for the number of the people staying in the unit. Upon client\'s arrival accommodation unit must be clean and tidy with clean bed linen. Bed linen are being changed on weekly basis for clients staying longer than one week. The service provider is under no obligation to provide towels.
6.3 The time of arrival at the accommodation unit is after 2:00 PM, and the time of departure on the last day of the reservation is no later than 10:00 AM. 4 hours are needed by the accommodation
service provider for cleaning and preparing the accommodation unit for the next client. The keys are given to the client by the service provider personally at the accommodation unit.
7. Changes and Cancellation by the Agency
7.1 The agency is entitled to suggest a change of a reserved accommodation unit or cancel it completely or partially if unexpected circumstances which cannot be avoided or removed (e.g. sanitary
problems, etc.) occur prior to or during vacation period. If these circumstances occurred at the time of advertising and selling the accommodation arrangement, the agency would have considered them a legitimate reason not to advertise the offer and consequently not to take applications and reservation confirmations for those accommodation units.
7.2 If the agency is in position to offer the client an alternative accommodation, the change of the reserved accommodation can be made only with the client\'s approval. If the alternative
accommodation unit price is lower than the accommodation unit reserved by the client, The Agency is under obligation to refund the price difference to the client. In that case the Agency bears the bank charges. If the alternative accommodation unit price is higher than the accommodation unit reserved by the client, the Agency is entitled to charge the client for the price difference.
7.3 The agency is under obligation to inform all the clients who have confirmed their arrival by making a reservation payment of any changes in the reservation or cancellation of the reservation
immediately upon the occurrence of the unexpected circumstances. If the Agency is not able to find an alternative accommodation, it is under obligation to refund the amount paid for the reservation to the client. The Agency bears the bank charges and the refund amount will be increased for the bank charges that the client had already paid. The client is obliged to send the Agency a bank statement with the amount of the bank charges paid.
7.4 This article applies only if the unexpected circumstances are not caused by a case of force majeure, and they concern reserved accommodation facility only. If the change or the cancellation of
the reservation is due to a case of force majeure, the Article 10. is applied.
8. Changes by the client
8.1 The client is entitled to a change of a confirmed reservation only if the change is accepted by the service provider. The changes may include: change of the contractor, booked date, number of persons, their age and type of basic or extra services booked. The request for a change of the reservation must be submitted in a written form (by e-mail, fax or by mail). The client agrees to pay the flat sum per change (per new calculation) depending on the date on which the Agency received a written request for change of reservation parameters:
· for changes requested by the guest more than 21 days before the start date of using the reserved service flat sum administrative cost is charged in amount of 30,00€,
· for changes requested by the guest 20 days or less before the start date of using the reserved service flat sum administrative cost is charged in amount of 45,00€
· The client is not entitled to a change after the beginning of the reserved service.
8.2 If the guest requests a new change in reservation after the previous confirmed and agreed change has been made, it is charged again according to the above stated cost price list, even if the
new parameters correspond to the ones of the originally confirmed reservation.
9. Obligations of the Agency
9.1 The Agency is responsible for the execution of services and selection of the service providers. The Agency must also concern over the rights and interests of the client in accordance with the good practice in tourism.
9.2 The Agency is responsible to assure that the client receives all the services he/she has booked, and is therefore liable to the client for a possible non-provision of the services or a part of the services the client paid for.
9.3 The Agency is not responsible if the non-provision of the service is due to a case of force majeure in the client\'s country or in the country where the service is to be provided (war, riots, strikes, terrorist attacks, natural disasters, official authority interventions, etc.), which results in preventing the client to stay in the booked accommodation unit. In this case the client is not entitled to a reimbursed of the deposit amount. This amount cannot be used as a deposit for a replacement accommodation unit that the client would like to book at another destination or on other dates.
10. Client`s Obligations
10.1 The client is under obligation:
· to possess valid travel documents for each person (including travel documents for children and documents required for pets). The cost of loss or theft of these documents is borne by the client;
· to obey with the customs and currency regulations and laws of the Republic of Croatia as well as with those of the transit countries during the journey;
· to check whether he/she needs a visa to enter the Republic of Croatia or transit countries. The Agency can not provide service of obtaining a visa for the client, and reserves the right to keep the amount paid if the client could not enter the Republic of Croatia because the necessary documents were not obtained by the client;
· to pay the unsettled amount on the day of arrival directly to the accommodation owner or at the Agency, if that amount has not been paid prior to arrival;
· to present the voucher, in which the correct number of persons and type of services to be provided are stated, to the service provider, on the day of arrival at the accommodation facility;
· to arrive at the accommodation facility with a group of people of an exact number and composition that the Agency was previously notified of. If more people arrive at the accommodation facility than the number stated in the voucher, or if the group composition is different, the service provider can refuse to provide accommodation service to the unannounced people or request additional payment;
· to notify the agency of bringing any pets at the time of booking in order to obtain the consent of the service provider. The service provider can refuse to provide accommodation service to the client if the pets were not announced at the time of booking;
· to notify the Agency of all the relevant facts that can affect the client\'s stay at the reserved accommodation unit (e. g. allergies and illness of the client, physical disability of the client, coming by vehicle of non-standard size, need of bed of non-standard size, special diet conditions if the client chooses half-board or full-board service etc.);
· to obey the house rules of the accommodation unit booked (House rules are available on Adriatic.hr web site), and cooperate in good will with the service providers.
10.2 If the client does not obey the above stated regulations, the client can be denied of accommodation service provision and in this case the client is not entitled to claim the compensation or the refund of the paid amount.
11.1 The client reserves the right to complain in case of any incorrect photographs and information published on the site, i.e. published inaccurate information regarding the reserved accommodation unit, with exception to the situation when the current condition of the accommodation unit is in favour of the client. The client can also complain about cleanliness and filthiness of the reserved accommodation unit. The Agency is not liable for the availability of shops and restaurants near the facility. Information on their distance from the facility is only a guide and cannot be a reason for complaint.
11.2 The client is not entitled to complain about information advertised on the Agency website that went unnoticed by the client, or about any facts that he was warned about by the Agency staff.
11.3 The client is not entitled to complain on any other grounds, including bad weather condition, the configuration and the cleanliness of a beach, the cleanliness and equipment of the destination, the cleanliness and the temperature of the sea, any other similar situation or event that may cause client\'s dissatisfaction, and is not in relation to the quality of the reserved accommodation unit (e.g. local water supply problem, sewage problem, crowds, theft etc.).
11.4 Any justified complaint about deficiencies will be resolved on the spot, and if that is not possible, a replacement accommodation unit will be proposed to the client. If the service provider is not able to resolve the reported deficiencies, and the Agency cannot propose any alternative accommodation, the client will get full refund of the amount paid. The bank charges are borne by the Agency. The client is entitled to the refund amount no higher than the amount paid. The client is not entitled to claim compensation of material or non-material damage (such as bank charges for money transfer, telephone bills, gasoline costs, loss of time, stress, psychological damage, etc.) other than the amount paid for the service provided by the Agency.
11.5 The complaint can be submitted on the day of arrival at the accommodation unit only. If the client arrives in the accommodation unit after 10 PM, the complaint will be considered only if it is
submitted by noon on the following day. Any complaint submitted following the deadline will not be taken into consideration because the authenticity of the complaint is no longer credible.
11.6 The Agency reserves the right to a 2 hours time period for responding to the complaint and to an additional period of 6 hours for resolving the complaint if the complaint is justified. The time
between 10 pm and 8 am is not included in the stated periods.
11.7 The complaint cannot be submitted by SMS, fax or by leaving message on the answering machine of the Agency. It can be submitted by phone only. This way the Agency keeps the audio
record of the complaint and each conversation between the client and the Agency for the purpose of complaint resolution. By accepting these General Conditions, the client agrees that he/she is aware of the recording of all conversations with The Agency and is consent that the records can be used as a material proof in court if a legal action has to be taken.
11.8 The complaint can be submitted to the Agency every day (including Saturday, Sunday and holidays) from 8 AM to 10 PM. If the client does not have a mobile phone at disposal, the contact with the Agency can be made by telephone of the service provider. If the contact cannot be established because all the lines were busy or there was no answer to the call, the client must retry to reach the Agency personnel, because any complaint submitted out the stated hours will not be taken into consideration.
11.9 Once the Agency receives the client\'s complaint it will immediately undertake all the necessary action to resolve the complaint. The Agency will then verify the complaint circumstances (by
contacting the service provider first) and will determine the validity of complaint within the next two hours. If the Agency does not respond within the period stated above (2 hours) the client claims the right to leave the accommodation unit. The agency is under obligation to refund the paid amount to the client, and the bank charges will be borne by the Agency.
11.10 If the complaint is considered valid by the Agency, an additional period of 6 hours is required for resolution of the complaint. The client is under obligation to cooperate in good will with the Agency representative and the service provider to resolve the problem. If the client does not accept the proposed resolution adequate to the service reserved and paid, the Agency will not take any complaint subsequently submitted and is under no obligation to respond to it.
11.11 If the valid complaint cannot be properly resolved, the Agency is under obligation to find an alternative accommodation.
11.12 The criteria for comparison of the reserved accommodation unit and the alternative accommodation unit are the location and the price advertised on the Agency website. If the accommodation unit reserved is located on shore, the agency is under obligation to offer the client an alternative accommodation in the same Riviera or in the Riviera nearby. If the accommodation unit reserved is located on island, the Agency is under obligation to offer the client an alternative accommodation on the same island. The price of the alternative accommodation unit will be
considered the same if it is equal to, or lower/higher up to 15 % of the reserved accommodation unit price. If the alternative accommodation price is lower than the reserved accommodation price the client is entitled to refund of the price difference. If the alternative accommodation price is higher than the reserved accommodation price, the price difference will be borne by the Agency.
11.13 If the client does not accept the alternative accommodation (of equivalent location and price), the Agency will not take into consideration any complaint subsequently submitted and is under no obligation to respond to it. By accepting the alternative accommodation, the client waives all rights to claim a refund of the amount paid for the reserved accommodation unit.
11.14 If the Agency does not resolve the client\'s complaint and does not provide any alternative accommodation within the given period (6 hours), the client reserves the right to leave the reserved
accommodation unit. The Agency is then under obligation to refund the paid amount to the client and will bear the bank charges.
11.15 If the Agency determines that the complaint is not valid, it will not undertake any actions to resolve the complaint. The client has a possibility to accept the decision and remain in the reserved
accommodation unit on the previously defined terms and conditions, or request an alternative accommodation from the Agency in which case the client is under obligation to pay the full amount of
the accommodation directly to the service provider. By deciding to remain in the reserved accommodation unit the client waives the right to claim a refund of the paid amount of money. However, if the Agency fails in providing one or more services mentioned in property presentation, the client who remains in the reserved accommodation has right to claim refund for those services. The amount of money that can be refunded is determined by the Agency and is in accordance with the general prices of the services in question. If the client does not accept the decision of the Agency and wants to claim a refund of the paid amount of money, the client is not entitled to remain in the reserved accommodation. The client is under obligation to submit the complaint in written form (by email, fax or mail) within 30 days from the end of the booked period. Complaint submitted after the deadline or incomplete complaint (no photographs, missing information from reliasble source etc.) will not be taken into consideration.
11.16 The Agency is under obligation to issue a written answer to the duly submitted complaint within seven days after the complaint was submitted. The Agency has a right to extend this period for 14 more days the most to gather information and verify the complaint details with the service provider.
11.17 Until the answer is being issued, the client waives the right to use the mediation services of another person, UHPA arbitration, court or to give out information to the media. If the client does not obey this regulation and thus breaches the procedure, the Agency reserves the right to claim compensation of damage caused by such an action on the client\'s side regardless of the grounds of
11.18 If the client is not satisfied with the current provided service and therefore decides to leave them accommodation unit and individually finds an alternative accommodation without informing the Agency or without waiting for the complaint to be resolved or an alternative accommodation to be provided within the settled period of eight hours the client is not entitled to a refund of the amount paid or to claim compensation, regardless of the validity of the complaint.
12. Court Jurisdiction
12.1 The parties will attempt to settle any dispute agreeably.
12.2 Should legal action be taken then place of jurisdiction shall be the residence of the defendant.