BOOKING GENERAL TERMS & CONDITIONS
hereinafter T&C
1. Purpose
These T&C govern short-term tourist rental bookings (hereinafter “Booking”) made by travelers (hereinafter “Guest”) for the stay in private properties (e.g., villas, apartments, rooms, hostels etc.) (hereinafter “Property”).
Bookings can be made by the Guest: (i) per online booking process on sites owned by the Agency, (ii) per sales channels, (iii) per electronic communications; (iv) other appropriate means of communication that allows the Guest to familiarize himself with these T&C.
Booking is considered to be made when the Guest receives the booking confirmation screen or email regardless of the way it was made.
If not otherwise specified, any and all bookings are confirmed only after a payment under payment policy is paid.
These T&C along with relevant pricelist, discounts, payment and cancellation policies, constitute a legally binding agreement between the Guest and the Agency.
2. Agency
Croatia Tours Makarska (hereinafter “Agency”) is a tourist agency, certified to operate as such per act of government authority, that, among other tourist services, manages private properties for the purpose of short-term rental in tourist industry.
Agency operates in its own name and account and is fully authorized to receive Guest Booking payments and process them to its suppliers.
3. Guest
Guest is a physical person that created a Booking, and is personally responsible all payments, his own and his party behavior, damages and other obligations set forth hereinafter.
Lead (person who made a Booking) Guest must be minimum 18 years old and is solely responsible to the Agency and property owners or managers to provide full and truthful information about himself and his party travelers to the extent required by these T&C and applicable laws.
Guest can be accompanied by other travelers per Booking.
Guest is solely responsible to the Agency, its suppliers, and his fellow travelers, to obtain all approvals, permits, visa, etc. unless otherwise specified by these T&C.
Fail to obtain such approvals, permits, visas, etc. after the Booking is confirmed, does not relieve the Guest of the payment obligations under applicable payment and cancellation policies.
The Agency is not responsible for the lead Guest getting approval from the rest of his party.
The Lead Guest must provide names and other personal information to the Agency truthfully at the Booking creation.
The Guest is solely obligated to obtain travel insurance for himself and other party travelers.
Guest can bring pets if applicable, per set forth in these T&C.
Lead Guest is only one that can create, modify or cancel related Booking, in accordance with applied payment and cancellation policy.
4. Booking Confirmation
Booking Confirmation is a digital document that provides all information about the property address, property manager email and phone number, check-in and check-out times, payment and cancellation policy, security deposit, additional fees, gross booking amount, and other information required by law.
5. Payments
Payment obligation is set forth in the applicable pricelists.
Payments can be made by debit or credit cards through the Agency system if applicable or via bank transfer.
Payment method is communicated through user interface, sales channels or email.
Guest must issue all payments in accordance with payment and cancellation policy, applicable per each Booking.
The Agency shall issue proper invoices as per payments and applicable laws.
The Agency and its suppliers reserve the right not to accept the Guest and his party in all cases where the full Booking is not paid as per payment and cancellation policies, along with all applicable surcharges (e.g., security deposit, pet fee, etc.).
Lead Guest and all of his adult travelers are all responsible for providing any and all Booking payments under payment and cancellation policies to the Agency.
Agency reserves the right to transfer or sell any and all debt owed by the Guest and his party travelers to respective collector companies without needing any additional approvals by the Guest or his party.
Payments done for the Booking are not refundable in any case, except set forth in these T&C.
Guest bears any and all taxes, currency exchange rate differences and bank or card fees if applicable.
6. Agreement
Tourist agreement is considered to be concluded by and between Lead Guest and the Agency as per article 1. of these T&C
Agreement is solely governed by these T&C.
Parties mutually agree to exclude application of Croatian custom laws in tourism.
7. Prices
All prices and discounts are made in electronic form and are stored in cloud-based Internet solutions.
Guest can access them by using a computer at any time on Agency websites or sales channels.
Final Booking price is shown at the end of the booking process, or other appropriate manner (e.g., email) and is incorporated into Booking Confirmation.
8. Security Deposit
A security deposit is required to cover the cost of any damages or breakages if noted on the Booking Confirmation.
It is collected by the Agency or property managers, depending on what is noted on the Booking.
The deposit shall be returned to the lead Guest in a timely manner.
9. Modification
Lead Guest can ask in written for the Booking to be modified to other dates, party amount, coming with more travelers then noted on the Booking, bringing extra pets, etc.
The Agency shall take into consideration all modifications requested by the lead Guest and inform him of the status.
Agency will, its own discretion, take the request into the consideration and decide to accept it or not.
If the Agency agrees with the request, Guest shall be notified in writing.
10. Cancellation
Lead Guest, along with all his travelers agree to comply with cancellation policy accepted by the Booking.
Only cancellations made by the lead Guest shall be considered into account.
The cancellation must be made in the same way the Booking was made.
The Guest is obligated to pay the remaining price of the Booking applicable to the specific booking that he wishes to cancel.
11. Modifications and cancellations made by the Agency
In the event that the cancellation or modification has been made by the Agency, it endeavors to provide the Guest and his party with an accommodation of same or better quality.
If no alternative accommodation is available or acceptable by the Guest, the Agency shall refund the amounts paid.
In any case, the Agency liability extends only to the amount paid by the Guest for the related Booking.
12. Complaint
Complaints are to only be made by a leading Guest in writing to the Agency, no later then 1 day of the damages occurred.
The Agency obligates itself to act promptly to resolve any issues arisen by the Guest toward the property or the property manager.
Failure to contact the Agency in accordance with terms set herein will lead to automatic rejection of the complaint.
13. Check-in and Check-out times
Check-in and Check-out times are noted on the Booking Confirmation.
The Guest can notify the property manager directly or the Agency of the aberration.
In no case the Guest can arrive at the property sooner then check-in time noted on the Booking Confirmation, nor he can remain at the property after the noted check-out time.
Aberrations are only permissible in the forms of later Check-in and earlier Check-out.
14. Guest behavior
At all times during their stay, Guest and his party are fully responsible for any and all damages occurred to the property and surrounding properties.
Guest and his party travelers are aware and accept that the security deposit may not be adequate compensation for loss or damages occurred.
If the occurred damages exceed the sum paid under security deposit, the Guest and his party travelers are personally responsible to compensate such loss or damages immediately and directly to the property owner or manager.
Guest and his party are strictly forbidden to enter the property with caravans, tents, and other sort of mobile housing, with the penalty of immediate ejectment from the booked property without any prior notice.
15. Booking Party
Number of travelers using the property is limited to the sum noted on the relevant Booking.
In no case Lead Guest can bring more travelers to stay with him then noted on the Booking.
Any attempt to do so, will lead to immediate ejection from the property.
Lead Guest can ask the Agency in writing to bring more people, which action is considered a modification and as such is subjected to the Agency decision, in its sole discression, to approve it or not.
16. Access to the Property
Guest and his party shall, upon their request, immediately, grant access to the property owner or manager reasonable access to the property, to carry out maintenance and / or inspection.
17. Property Rules
During all times while staying at the respective property, the Guest and his party travelers shall act responsible to the property and the neighbors and to follow in full respective Property Rules.
Lead Guest is responsible for the whole party behavior to the Agency and property owners or managers.
If the Lead Guest or any of his party breaks any of the aforementioned rules, they must immediately leave the property and are not entitled to any refund.
18. Additional Services
Upon Booking or any time after, the Guest can ask the Agency or the property owners or managers, for Additional Services to be provided, e.g. bicycle rental, boat rental, car rental, etc.
The Guest understands and agrees that Additional Services are subjected to extra fees and that they may not be always available.
Additional conditions may apply for such services.
19. Linen
Linen, towels (every three days), beach towels and linen change (every seven days) is included in the properties.
20. Swimming Pool
In a case that the property has a swimming pool, the Guest can use it if it is noted in the booking.
Swimming pools are not open all year.
The guest should check with the Agency if the pool is available or not.
If pool heating is required, then extra charge may be applicable.
21. Social events
Any private functions (e.g. party, wedding, cocktail party) at the property that the Guest wants to organize must be pre-approved by the Agency or the property owners or managers.
Additional charges and/or increased security deposit may be applicable, and the amount is in sole Agency discretion.
22. Valuables
Any valuables left at the property are left at Guest own risk.
Neither Agency nor the property owner or manager is responsible for any loss that may occur.
No refund can be given should the guests decide to vacate the property as a consequence of a burglary.
23. Disclamer
The Agency waives, and the Guest dismiss the Agency, of any and all property information accuracy.
The photographs are just for illustration purposes.
Property owners or managers reserve the right to make modifications to the property specifications that are considered necessary in light of operating requirements.
In the interest of an improvement, property owners reserve the right to alter furniture, fittings, amenities, facilities or any part of any activities, either advertised or previously available without prior notice.
If aforementioned changes occur after the Booking has been confirmed and prior to his arrival, Agency shall notify of such the lead guest before arrival.
24. Pets
Pets are allowed only if noted.
Additional charges and security deposit increase may apply.
Number and weight of pets must be agreed prior to Booking creation.
If the Guest or his party traveler brings a pet without prior written approval from the Agency or the property owner or manager, the Guest and his party will be immediately evicted from the property, without the right of any form of a refund.
25. Liability
Neither Agency nor the property owner or manager, shall be responsible for the death of, or personal injury of any member of a Booking party, or of any other person at the property.
Neither Agency nor the property owner or manager shall be held responsible for the breakdown of mechanical equipment such as pumps, boilers, swimming pool filtration systems, nor for the failure of public utilities such as water, gas and electricity.
Neither Agency nor the property owner or manager can be held responsible for noise or disturbance originating beyond the boundaries of the property or which is beyond their control.
Neither Agency nor the property owner or manager is responsible for events beyond of its control e.g. bad weather including events arising as a result of very hot or unusual weather, delays caused by carrier companies, breakdown of domestic equipment.
26. Force Majeure
Neither Party will be deemed in breach of these T&C to the extent that performance of its obligations is delayed or prevented by reasons of force majeure, such as riots, acts of terrorism, fire, flood, earthquake, acts of government and the like, provided that such party gives the other party written notice thereof promptly and uses its best efforts to continue to perform its obligations.
If the Booking is struck by such majeures, the Agency shall refund only the payments done by the Guest.
27. Severability
If any provision of these T&C is held by a court of competent jurisdiction to be invalid, void or unenforceable for any reason, the remaining provisions not so declared shall continue in full force and effect, and those effected shall be construed in a manner so as to effectuate the intent of these T&C as a whole, notwithstanding such stricken provision or provisions.
28. Special Requests
Any Guest special request shall be admitted by the Agency staff and processed to the property owner or manager for a final decision.
If the property owner or manager can meet the special request and decides he shall honor it, the Agency shall immediately inform the Guest.
If the acceptance is not possible, the Guest shall not hold the Agency, its agents or the property owner or managers responsible and shall honor the confirmed Booking.
29. T&C Modifications
The Agency reserves the right to modify these T&C in his own discretion without prior notice, at any time.
Any such modification is effective upon the posting of same by the Agency on its official website.
The Agency may notify the Guest of such modifications by and email or other appropriate manner.
The most current version of these T&C supersedes all previous versions.
30. GDPR
The Agency commits itself to adhere to all relevant provisions of the General Data Protection Regulation (EU) 2016/679 and the provisions of adopting act.
Agency Privacy Policy is incorporated within these T&C and accessible on its official web sites.
31. Intellectual Property Rights
All intellectual property rights including, not limited to, texts, visual and audio content of the properties are and remain in sole ownership of the Agency and / or his suppliers and business partners.
The Guest commits himself and his party travelers not to impugn any intellectual property right and not to misuse information provided by the Agency or to use it in any other then intended way.
In case of breach, Guest is due to pay damages in the amount of 100.000,00 eur net per breach.
Breach means any use or publishing of the information provided (e.g., posting on internet sites or magazines).
32. Governing Law
The legal relationship regulated with these T&C is governed solely by the laws of Croatia, disregarding law conflicts, and is binding to the Parties worldwide.
The Parties agree and hereby submit to the exclusive personal jurisdiction of and venue of competent court of the Agency principal place of business for all claims with respect to these T&C and other agreements and agree that any legal proceedings shall be conducted in Croatian, unless otherwise determined by applicable law.
33. Term and Termination
These T&C along with modifications made by the Agency apply from the Booking creation for indefinite time.
34. Final Provisions
These T&C, along with all applicable online order forms and Pricelist, Booking Confirmation, comprise the entire agreement between the Parties and supersede all prior and current negotiations, discussions, or agreements, whether in written or oral form between the Parties regarding the subject matter herein.
These T&C are originally made in English language, and all translations must mirror the original language.
In a case that translations depart from the original, the English version prevail.
Effective date of made modifications is the date of posting on the official Agency website.
Last update on 7th December 2021
CROATIA TOURS MAKARSKA d.o.o.
Obala Kralja Tomislava br. 2
Makarska
Tomislav Mihaljević, CEO