1. GENERAL PROVISIONS
1.1. The agency "HERBERT Ltd." ID: HR-AB-21-060285157, Put Supavla 1, 21000 Split OIB:15941272658, of a trade name ENJOY DALMATIA, (hereinafter referred to as the Agency) offers and sells accommodation service in accordance with the published information (photographs and description) and the booking confirmation as an Agent in the name and for the account of the service provider (hereinafter owner/service provider) or as an Agent for hotel accommodation. The Agency as an Agent provides accommodation in the offered units in the period booked by a Guest except in the case of force majeure (war, riots, strikes, terrorist attacks, sanitary problems, natural disasters, official authority interventions, etc.).
By booking accommodation unit(s) and paying the deposit the Guest accepts the contractual relationship with the Agency, and confirms that he accepts these General Terms and Conditions (hereinafter: General Conditions) which present legal obligation for both parties. General Conditions are the basis for resolving any disputes between the Guest and the Agency for which reason the Guest is advised to carefully read them through before paying a booking deposit.
The booking rules of the Hotel as well as the usual operating procedures of the Hotel shall be used when booking the hotel accommodation.
2. THE OFFER
2.1. The agency provides accommodation services in privately owned apartments and hotels.
2.2. All units in private accommodation are categorized and labelled with an adequate number of stars 3 *, 4 * or 5 * and have all the facilities listed with the offer of individual units, and these are mostly the following types of units:
- Apartment - separate accommodation unit which consists of one or more rooms, kitchen and at least one bathroom
- Studio apartment – an open area accommodation unit consisting of a sleeping area, kitchen and living room. The studio also has a private bathroom as a separate room within the unit.
- Holiday home - an independent object which consists of one or more rooms, a living room, kitchen and at least one bathroom
2.3. Hotel accommodation units have all the facilities in accordance with the hotel categorization. Hotel accommodation mainly include two different types of unit:
- Hotel room - for one or more persons consists of a certain number of beds and one bathroom
- Hotel apartment - consists of a certain number of beds, living room (no kitchen) and bathroom
3. ACCOMMODATION BOOKING PROCEDURE
3.2. After receiving the query, the Agency creates its offer and sends it via e-mail to the address from which the request was received. Upon Guest’s confirmation and final reservation request, the Agency issues an Invoice for deposit in the name of the Guest (the reservation holder) and sends it to the Guest by e-mail. The invoice has a two-day payment option. The Guest is required to pay the deposit within the specified period and send confirmation of payment. If the Guest fails to do so the reservation will be cancelled and the accommodation will be free for further market offer.
3.3. The Agency is not responsible for the availability of the accommodation if the deposit is paid after the expiry of the payment option as stipulated in the offer.
3.4. If the Guest pays the required deposit, the Agency will issue a Booking Confirmation/Voucher once the bank sends notification of the received amount. The booking procedure is considered finalized upon issuance of the Booking Confirmation/Voucher. The period from the Guest’s deposit payment until the bank notifies of the received funds may take up to three business days.
4. PROTECTION OF PERSONAL DATA
4.1. Guests voluntarily provide their personal details (name, e-mail address, other personal information). Personal information is required for processing requested services, and will be used for further communication. Agency obliges that personal information will not be taken out of the company or given to a third party, except for the purpose of providing the requested service. The Guest hereby allows the Agency to use his personal data for promotional activities of the Agency. The Agency shall use Guest’s personal information in accordance with the published terms of the Agency’s Privacy Statement.
5.1. The payment of the deposit shall be made by bank transfer/payment to the Agency’s bank account opened at the Hrvatska Poštanska Banka. The exact amount of the deposit, the exact bank account number and other payment details will be clearly stated in the Agency accommodation offer and Invoice for deposit.
5.2. The Guest can pay the remaining amount of the reservation in two ways:
- upon arrival, in cash, directly to the service provider,
- no later than three weeks prior to arrival to the bank account of the Agency.
5.3. If the Guest is obliged to pay the total amount of the reservation to the Agency (in cases where there is no possibility to pay the remaining amount directly to the service provider or when booking hotel accommodation) or the Guest’s arrival is expected in less than 20 days, the Guest is obliged to pay 100% of the total booking amount.
5.4. The Guest must provide a payment confirmation right after the executed payment.
6. CONTENT AND PRICE OF BOOKED ACCOMMODATION
6.1. Prices published on the Agency website apply to the accommodation unit per day. Prices vary from unit to unit, and are specified for each accommodation unit. Prices are quoted in euros (€). Kuna (Kn) equivalent of the paid services will be stated on the invoice. The prices for hotel accommodation include only those services stated in the chosen accommodation unit offer.
The prices of private accommodation include: daily rental, linen, equipped kitchen with dishes and utensils, water, electricity and gas (with the exception of certain objects of Robinson tourism), local tax, cleaning after departure, use of air conditioning and Internet.
6.2. Additional services are services provided in the facility, but not included in the rental price (meals, boat rent if offered and similar.). Hence the Guest pays them separately if used. If the Agency has a price list for this kind of services it will be published on the website. Most of the additional services must be paid directly to the service provider, but some can be paid when confirming the accommodation booking.
6.3. Upon arrival at the accommodation unit and if requested by the owner (which will be stipulated in the offer) the Guest shall pay to the owner of the apartment a cash deposit in the amount requested by the owner. This is a safety deposit for the case of damage in the apartment. On the day of departure, the deposit amount will be refunded to the Guest in full, but only after the owner determines that the rented accommodation is handed back in the same condition in which it was rented.
6.4. The Agency reserves the right to change the prices published on the website(s) until the moment of issuing and sending to the Guest the invoice for deposit. By submitting the invoice the Agency guarantees that the reserved accommodation is available at a price calculated and shown on the invoice.
6.5. In the event that the service provider or the Agency reduces the price of the accommodation after the Guest has already confirmed the reservation, the Guest has no right to the new, lower price.
6.6. All prices listed on the website apply for the stay longer than four overnights. For a stay of up to four overnights the prices increase by 30%.
6.7. If the Guest used the services of the Agency in the past the Agency may offer an additional discount. A higher number of bookings in the same season, as well as the cancelled and unrealized bookings shall not be taken into account when calculating the discount.
7. ACCOMMODATION DESCRIPTION
7.1. The accommodation units are described according to the official categorization of the authorized Tourist Office of the State Administration when issuing the rental permit as well as the inspection of the Agency prior to listing the accommodation unit in its offer.
7.2. The standard of accommodation and other services differ from place to place and from country to country and are not comparable. Information obtained in direct contact with the Agency’s personnel does not oblige the Agency more than the information published on its website.
7.3. On the day of arrival the check-it time is only after 14.00 hrs and on the departure day the check-out is before 10:00 hrs. This rule is used in order to allow the owner to prepare the accommodation unit (cleaning, changing sheets) for the arrival of the next guests.
7.4. The key of the rented accommodation will be provided to the Guest by the owner upon Guest’s arrival at the location or at the check-in mentioned in the Booking confirmation/Voucher if different from the address of the object.
7.5. The type of a hotel room and apartment provided to the Guest is determined by the hotel reception. If the Guest has not explicitly requested a specific room/apartment, he will accept any room/apartment allocated to him by the hotel and in accordance with the Voucher issued by the Agency.
8. THE RIGHT OF THE AGENCY TO CHANGE OR CANCEL THE BOOKING
8.1. The Agency may change the reservation or cancel the reservation entirely or partially if before or during the vacation certain extraordinary conditions occur at the rented accommodation which cannot be avoided or repaired (such as certain sanitary disorders) which, if they had occurred at the time of publication and sale of accommodation units would have been a legitimate reason for Agency not to accept or offer any bookings for these units.
8.2. If the Agency is able to offer an alternative accommodation it must be accepted by the Guest first. If the alternative accommodation is cheaper than the cancelled one, the Agency is obliged to return the price difference to the Guest at the expense of the Agency. If the alternative accommodation is more expensive than the cancelled one, the Agency reserves the right to charge the price difference.
8.3. The Agency shall inform the Guest of the change of reservation or its cancellation immediately after the occurrence of extraordinary circumstances. If the Agency cannot find an alternative accommodation they will return the full amount of the paid booking at the expense of Agency. In case of a refund the Guest waives the right to claim reimbursement of any additional costs associated with the reservation.
8.4. This provision applies only if the unexpected circumstances are not caused by force majeure, and they relate to the paid bookings. In case of changes or cancellation of the booked accommodation caused by force majeure, the provisions of Article 14, para 1 of the General Conditions shall be applied.
9. THE RIGHT OF THE GUEST TO CHANGE OR CANCEL THE BOOKING
9.1. Guest can change already defined reservation only if the owner agrees to it. The change may include: name of the guest, booking period, the number of guests, age of guests, types of basic or extra services and payment dynamics. The request for a change of the booking must be submitted in writing (e-mail or post).
9.2. It is not possible to change the parameters after the arrival.
9.3. The change from article 9.1. must be made for the same season, otherwise the requested change shall be considered cancellation in which case the stipulations of Article 9.6. shall be applied.
9.4. If the owner does not accept the possible change of the parameters of the reservation the requested change shall be considered a cancellation of the reservation in which case the stipulations of Article 9.6. shall be applied.
9.5. If the Guest wants to cancel the reservation he must do so in writing (e-mail or post).
9.6. The date of the receipt of the written notice of cancellation shall be considered the basis for the calculation of cancellation costs as follows:
- For cancellation up to 45 days prior to the arrival the Agency charges 20% of the total price of rented accommodation as administrative expenses, which amount shall be retained from the deposit paid, and the remaining amount will be refunded to the Guest at his expense.
- For cancellations from 45 to 7 days before the arrival, the Agency charges 30% of the total price of rented accommodation as administrative expenses which amount shall be retained from the deposit paid and the remaining amount will be refunded to the Guest at his expense.
- For cancellations made 7-0 days before the arrival, Agency charges 100% of the total price of accommodation.
- If the Guest does not arrive to the destination or cancels the reservation after the beginning of the service, the Guest is not entitled to any refund (including the amount that is paid directly to the owner).
9.7. If the Guest does not arrive until 21.00 hrs on the day of the arrival and didn’t inform the Agency of the delay, the reservation shall be considered cancelled on the day of arrival and the cancellation costs shall be calculated according to the scale from para 9.6. of this Article. If in this case the owner rents the accommodation unit to another client, the Guest has no right to object and loses the right to any refund.
9.8. If, when cancelling the booking the Guest finds a new client, the Agency will charge only the costs incurred by changing the parameters of the reservation. If the actual costs are higher than previously defined, the Agency reserves the right to charge the difference to the new client.
9.9. If the reservation is cancelled due to the death of the Guest or a member of his immediate family, regardless of the date of cancellation, the Agency will charge the minimum cancellation fee (20%). This provision shall apply in the event of death of any member of the group or the death of his family members (spouses, brothers, sisters, parents and children), but under the condition that the Agency possessed information that the person was registered as a member of the group. The Guest must provide the Agency with a death certificate, and if necessary proof of relationship with the deceased.
9.10. Cancellations caused by any other reason, will be solved with mandatory payment of cancellation charges at a specified scale in paragraph 9.6. of this article.
9.11. The Agency shall provide the Guest with the exact calculation of the cancellation fee. A refund shall be made within 5 working days of the date of determining the exact amount for the refund, provided that the Agency has the data necessary to carry out refund the Guest.
10. OBLIGATIONS OF AGENCY
10.1. The Agency is required to take care of the correct provision of the booked services, the choice of quality service providers, and the rights and interests of the Guest in accordance with the accepted practices in tourism.
10.2. The Agency is responsible for ensuring that the Guest receives all the services as stipulated in the offer and accepted by the Guest, and therefore corresponds to the Guest for any non-provided service or part of the service.
11. OBLIGATIONS OF THE GUEST
11.1. A guest must:
- have valid travel documents for each person (including travel documents for children and documents required for pets). The cost of loss or theft of documents are covered by the Guest;
- comply with the customs and currency regulations of the Republic of Croatia or the transit country;
- check whether his entry into the Republic of Croatia or transit countries require a Visa. The Agency cannot provide service of obtaining a visa, and reserves the right to charge the costs of notice pursuant to Article 9 of the General Conditions in the event that the Guest cannot enter the Republic of Croatia due to the lack of necessary documents;
- upon arrival at the accommodation unit present the owner/hotel with the Booking confirmation/Voucher issued by the Agency with the correct number of persons and type of services that must be provided;
- upon arrival at the accommodation unit pay to the owner/hotel the remaining cost of the reservation, and cover the cost of additional services (if used) and pay a deposit to cover the damage if it hasn’t been paid before;
- come to the accommodation unit in the exact number and structure of persons as previously announced to the Agency. If more people or a different structure of guests arrive to the accommodation unit the owner/hotel has the right to deny the extra guests or request additional payment;
- ask the Agency or owner/hotel if they can bring a pet in order to get their express consent. The service provider has the right to deny the service to the Guest if he insists to keep unannounced pet in the rented accommodation unit;
- abide by the house rules of the rented accommodation unit and cooperate with the owner/service provider in good faith.
11.2. Failure to comply with these obligations may result in Guest being denied the reserved accommodation without the right to any refund and without the right to compensation.
12. LUGGAGE AND ACCIDENTS
12.1. The luggage will be transported at the risk of a Guest and it is therefore recommended to have a luggage insurance. The Agency is not responsible for the damage or theft of luggage in the accommodation unit. In case of damaged, lost or stolen luggage the Guest should contact the owner and the local police station.
12.2. Agency is not responsible for theft or an accident in the accommodation unit, based on the recommendations made to the owner/service provider to conclude guests ‘insurance policy and liability insurance policy” before the season.
13.1. A Guest has the right to complain in case of incorrectly presented data related to the accommodation unit, except in the case where the existing situation is to the benefit of the Guest. In addition, the Guest has the right to object to an unclean and messy unit and inappropriate behaviour of the owner, in which case the Agency shall forward the complaint to the owner.
13.2. The Agency is not responsible for any additional services which the Guest has booked.
13.3. The Agency is not responsible for the working hours of shops and restaurants nearby. Information on their distance from the object are uncertain and cannot be the subject of complaints.
13.4. The Guest waives the right to object to any information listed on the Agency's website which he failed to previously notice as well as to all the facts which he was previously warned of by the Agency employees.
13.5. The Guest waives the right to object on any other basis, and in particular the right to object to any adverse weather conditions, the configuration of the beach, cleanliness of the beach, the cleanliness and equipment of the destination, the cleanliness and temperature of the sea, and any other similar situation or event that may cause client's dissatisfaction and which do not relate to the quality of the reserved accommodation unit (e.g. local problems with water supply, sanitation problems, crowds, lost or stolen property and the like).
13.6. A complaint may be filed only on the day of arrival. Exceptionally, if the problem could not be observed on the day of arrival or originated during the stay, the Guest can file a complaint subsequently and immediately upon establishing the existence of the problem. Any complaint submitted following the deadline will be rejected as unfounded.
13.7. Complaints must be submitted by phone, e-mail or SMS. The complaint is not possible to submit by leaving a message on the answering machine.
13.8. The Agency is able to receive a complaint every day from 08:00 to 16:00 hrs throughout the year and even on Saturdays, Sundays and holidays during the summer season (01.06.-31.08.). If the Guest is unable to file a complaint by any of the previously listed ways, they can contact the Agency through the owner/service provider.
13.9. Immediately after receipt of the complaint the Agency undertakes to begin action to resolve the problem. After checking all the circumstances (by contacting the service provider) and accepting the complaint as justified, the Agency informs the Guest of actions to take to resolve the problem. If the Agency does not respond in the defined period, the Guest acquires the right to leave the reserved accommodation unit and the Agency is obliged to return the amount paid to him at his own expense.
13.10. If the Agency finds the complaint well-founded it gives the Agency a period of one working day to resolve the problem. The time from 20:00 to 8:00 hrs is not included in the stated period. The guest has to cooperate with the Agency and the owner in good faith to resolve the problem.
13.11. Any justified complaint will be resolved either by removing the defects or reducing the price of the reservation. Accepting the discount is considered as if the defects have been removed. If the valid complaint cannot be resolved, the Agency is required to find an alternative accommodation. The same accommodation price and the price that is higher or lower up to 15% of the original price shall be considered a comparable price in this case. If the Agency offers an alternative accommodation at a price lower than the original, the Guest is entitled to a refund of the price difference. If the Agency finds an alternative accommodation at a price higher than the original the difference in price shall be borne by the Agency.
13.12. The highest compensation paid per a complaint can only be to the extent of the amount paid. If the Guest submits a complaint after the beginning of the services, the highest paid fee can be only up to the amount of the unused part of the service.
13.13. In case of complaining the Guest in advance waives the right to claim compensation for material or non-material damage (eg. bank charges for sending money, phone expenses, additional fuel costs, loss of time, stress, mental pain ...).
13.14. If the Agency in agreement with the owner does not remove the deficiencies within a specified period and does not offer alternative accommodation to the Guest, the Guest is free to leave the accommodation unit, the Agency shall refund him at their own expense. The amount of refund depends on the time that the Guest has already used the accommodation services.
13.15. If the Agency finds the complaint unfounded they will not act the way to resolve the complaint. The Guest is able to accept this decision and stay at the property or request the Agency to offer him an alternative accommodation, which he shall pay in full to the new owner.
13:16. If the Guest does not accept the decision of the Agency and wants to claim the money paid he is not entitled to remain in the accommodation unit. By deciding to remain in the rented accommodation the Guest waives the right to claim a refund of the amount paid.
13.17. If the Guest is not satisfied with the condition of the accommodation unit and leaves the unit to find a new accommodation, provided that he does not give the Agency a chance to resolve the cause of his discontent within the agreed time of twelve working hours or to possibly find an alternative accommodation, the Guest is not entitled to a refund nor is he entitled to claim compensation for the damage regardless whether his reasons were justified or not.
13.18. The Guest is obliged to submit the complaint in writing (via email) not later than seven days after the executed service. The agency shall promptly and in writing certify the receipt of the complaint. A complaint submitted after the deadline, or an incomplete complaint (photos, information from reliable sources ...) will not be taken into consideration.
13.19. The Agency shall issue a written answer to the duly submitted complaint within seven days after its receipt. The Agency may delay resolution of the complaint to collect information and verify the complaint with the owner to a maximum of 14 days.
13.20. While the Agency presents its solution, the Guest refrains from mediation by any other person, UHPA arbitration, court or to give information to the media. If the Guest does not obey this regulation and thus breaches the procedure, no matter his assertions, the Agency has the right to seek compensation by such an action of the Guest.
14. FINAL PROVISIONS
14.1. The Agency will not be responsible in case of changes or failure to perform services caused by force majeure in the Guest’s country or the country where the service is to be provided (war, riots, strikes, terrorist attacks, natural disasters, official authority interventions, etc.) which results in the inability of the Guest to stay in the reserved accommodation unit. In these cases, the advance deposit will not be refunded to the Guest and it cannot be used as a deposit for an alternative accommodation that the Guest would like to book at another destination or on other dates, but the cancellation provisions in accordance with Article 9 of these General Conditions shall be applied.
14.2. Parties agree that the Agency has the right to increase the price before arrival if a change in the foreign exchange rate by more than 5% or an increase in other expenses affecting the price of the service happen after the confirmation of the booking, for which the Agency did not and could not know before. The Guest is entitled to cancel his booking if the increase of the agreed price is more than 10%. In this case the Guest is entitled to a refund of the already paid amount without the right to compensation. The money is returned to the Guest’s bank account at the expense of the Agency.
15. COURT JURISDICTION
15.1. Any dispute arising hereof the parties will try to resolve amicably. In the event that the parties fail to resolve the dispute, they agree on the jurisdiction of the competent court in Split, Croatia.
15.2. Valid legislation of the Republic of Croatia shall apply to everything not specified in these General Terms and Conditions.
Split, 1st January 2017