General terms
(private accommodation)
General Terms
These General Terms and travel regulations are a
component part of the Agreement, in other words the voucher, between
the travel contractor (hereinafter: the Traveller) and Brana tours-a
travel agency, Ivana Lenkovića 10/1, Senj (hereinafter: the Agency
or Brana tours) . All the information and terms in the program and
these General Terms are binding for both the Agency and the
Traveller unless otherwise determined by the Agreement.
Completion of the travel contract
The travel booking can be made by persons of age in
writing, verbally, by telephone or online through Brana tours.
The
Traveller is obligated to provide any information required for the
reservation process.
In
the event that a property is unavailable, Brana tours can offer the
customer several suitable alternatives.
By confirming a
reservation, the Traveller confirms that he/she is aware of the
General Terms and conditions of the travel services and fully
comprehends and accepts these terms which are binding for both the
Traveller and the Agency.
Reservations and payment
A
deposit is required depending on the chosen payment method, while
the balance payment must be made no later than 21 days prior to the
beginning of the service, unless otherwise specified by the terms
and conditions. All banking expenses, as well as any other
additional expenses concerning the payment procedure, are taken by
the Guest.
The deposit is 50% of the tour and is immediately
after the confirmation to afford. The deposit is on the travel
account.
Payment of remaining amount equals 50% of the price of
travel. Payment deadline can be found in the booking
confirmation.
For bookings which are made from the 42nd. day prior
to the start of travel (short term bookings) the complete travel
price is due immediately.
In
the event of untimely payment of the deposit or of the entire rent
for short term bookings, Brana tours can refuse to provide the
services. Furthermore Brana tours can terminate the contract after a
reminder and the setting of a response period. The operator can
demand cancellation fees as compensation in adherence with the
cancellation levels outlined under point The Traveler's right to
changes and cancellations, under the condition there are no travel defects at
this point in time which would justify cancellation.
Upon payment
of the rest of the tour price or the whole rental sum, the customer
is sent the travel voucher. The travel voucher proves to the travel
agency or keyholder at the holiday location (reception, caretaker)
or to the hotel of the holiday complex that you are the tenant. It
contains directions to the representative travel agency and
telephone numbers and the check-in times. The customer should note
that the rest of the travel documents will only be dispatched after
receipt of full payment.
Rates
The
price of the service includes the basic service as described in the
price list for the reserved accommodation unit. Special or extra
services are those services which are not included in the base price
of the accommodation (marked in the description of the accommodation
unit or Price List/Rates or additional services that are available
through prior notification and additional payment) and as such are
to be paid by the Traveller along with the reservation amount or at
the spot, as indicated in our offer. Special and extra
services/requests must be requested or announced during the
reservation process.
The
service rates are stated in Euros, i.e. in Kunas for Croatian
passengers. The Agency reserves the right to change the published
rates. Travellers who have paid the deposit for a certain
reservation are guaranteed by the Agency the accommodation rate
listed on the calculation based on which the deposit payment was
made. Should rate changes occur prior to the deposit being paid, the
Agency is obligated to inform the Traveller of these changes. All
involved parties accept that the Agency reserves the right of
changing the rates no later than 20 days prior to the beginning of
the service if the following occurred after the reservation
confirmation: changes in the foreign exchange rate, transportation
cost increase, including fuel cost increase or an increase of
service fees (at airports, other ports and the like) which directly
affect the cost of the trip and of which the Agency was not and
could not have known or been aware of, should the increase in the
price of the paid reservation amount to more than 10 %, the
Traveller has the right to cancel his/her reservation and is also
entitled to a refund without any additional compensation.
The
rates listed in our offers and programs are formed according to
agreement made with our contractors and do not necessarily match the
rates stated on the spot at the accommodation unit in which the
Traveller resides. Possible differences in rates cannot be subject
to complaint.
Should the number of people arriving to the reserved
accommodation unit exceed the number indicated on the travel
documents (voucher), the service provider has the right to withhold
service to unannounced travellers or accommodate all travellers
provided that additional payment for the unannounced travellers is
made on the spot.
Sojourn tax
According to the Law on sojourn tax of the Republic of
Croatia, the Traveller is obligated to pay the sojourn tax along
with his/her accommodation payment. According to the Law on sojourn
tax of the Republic of Croatia, the sojourn tax is from 2,00 to 7,00
Kuna per person per day for adults. Adolescents from the age of 12
to 18 (but not after they have turned 18) are entitled to a 50%
discount, while children under the age of 12 are exempted from
paying the sojourn tax. The total amount of the sojourn tax for a
specific reservation is determined by the destination in the
Republic of Croatia as well as the accommodation service dates and
is charged according to these General Terms simultaneously with the
accommodation service final payment. If the reservation destination
is in a foreign country, the sojourn tax calculation and payment
succumb to the laws of the country in question.
Brana tours obligations
Brana tours is obliged to take care about providing of
services, as well as about the choice of service providers with the
care of a good businessman and to take care about the customers'
rights and interests in compliance with good practices in tourism.
Brana tours is obliged to provide to the customer all
the contracted services for a particular package, and to provide
answers in case of eventual failure to perform services or a part of
services.
Brana tours shall fulfill all the mentioned
obligations from its programs completely and as described, except in
the event of Force Majeure or changed circumstances. In such cases,
Brana tours shall offer a substitute solution if that is possible.
Brana tours is not obliged to provide services beyond these Terms
and Conditions.
Obligations of the Traveler
The
Traveler is obligated to:
-
have valid travel
documentation
-
respect and abide by
all customs and foreign exchange regulations of the destination
country
-
respect and abide by
all customs and foreign exchange regulations as well as the laws and
other regulations of the Republic of Croatia as well as other
countries through which he/she passes through or resides in. In the
event the Traveller is unable to continue the trip as a result of
being in direct violation of these regulations, the Traveller is
responsible for all related expenses
-
have confirmation and
documentation for vaccination against diseases as required by
certain countries
-
abide by house rules of
the accommodation units as well as cooperate with the service
providers in a well-intentioned manner
-
upon arriving at the
destination, present the service provider with the document proving
the paid service (voucher received via e-mail)
-
enquire whether or not
he/she requires a visa for the destination country as well as
neighbouring countries
If
the Traveller does not follow these regulations, he/she will be held
responsible for any expenses or damages. By confirming a
reservation, the Traveller has agreed to compensate the service
provider on the spot for any potential damages caused by his/her own
negligence.
The
Traveler's right to changes and
cancellations
In
the event the Traveller wishes to change or cancel a reservation
made according to his/her request, he/she must do so in writing (via
e-mail or fax). Changes constitute a change in the number of people
or the names of the travellers, the date of the commencement and/or
end date of the service and must be made no later than 30 days prior
to the beginning date of the service in question. The first
reservation change, provided that additional expenses can be
avoided, will be performed without any extra charge. For each
additional change a fee of 15 Euro per change will be charged. If a
reservation change is not possible and the Traveller cancels the
confirmed reservation, the cancellation terms stated below apply.
Change of accommodation unit and all other changes
made within 30 days before the beginning of the reservation as well
as during the reservation will be considered a cancellation.
For
fixed confirmed reservations for private accommodation units, the
date on which the written cancellation is received (during the
Agency's working hours) represents the basis for the calculation of
costs as follows:
-
up to 60 days prior to
the departure, 25% of the package price, at least kn 100 per booking
(cca 15 EUR)
-
59 to 35 days prior to
the departure, 40% of the package price
-
34 to 15 days prior to
the departure, 60% of the package price
-
14 to 6 days prior to
the departure; 80% of the package price
-
5 days prior to the
departure and after the tour start date, 100% of thepackage price.
If
a customer which cancels the tour finds a new user of the same
booking, Brana tours shall charge only the costs caused by the
replacement. In case of the cancellation of all the packages, the
costs for obtaining of visa/s or travel documents are not refunded.
The
new reservation holder accepts all the obligations stated in these
General Terms and Conditions.
In
the event the Traveller does not arrive to the accommodation by
midnight on the beginning date of the service, without contacting
the Agency or the service provider, the reservation will be
cancelled and the corresponding cancellation fees will be charged
according to the abovementioned terms.
If
a customer cancels the tour or shortens the travel due to bad
weather conditions, Brana tours shall apply the above mentioned
scale and subsequent complaints shall not be acknowledged.
The
Agency is not obligated nor responsible for reimbursing the
Traveller for the cost of his/her travel documents or visas relating
to the reservations cancelled by the Traveller.
The
Agency's right to changes and
cancellations
The
Agency reserves the right to make changes of reservations in the
event of circumstances which cannot be predicted, avoided or
eliminated ( in circumstances beyond our control; illness of the
service provider or his/her immediate family; outstanding
circumstances which cannot be foreseen nor eliminated such as
natural catastrophes (earthquakes, floods, fires, droughts); wars,
strike, terrorist actions and limitations issued by the government
(mobilisation, country exit ban). A reserved accommodation unit can
only be changed with prior notification to the Traveller for an
accommodation unit of the same category or of a higher category and
at the price at which the Traveller confirmed the reservation. If
the replacement accommodation is only possible in a higher-category
unit where the price is 15% higher than the price of the paid
reservation, the Agency reserves the right to charge the Traveller
for the difference in agreement with the Traveller. In the event a
replacement accommodation unit cannot be arranged, the Agency
reserves the right to cancel the reservation with first notifying
the Traveller no later than 7 days prior to the beginning of the
service and guarantees a full refund of the paid amount. If the
Agency cancels a reservation, the Traveller is not entitled to any
compensation from the Agency and the Agency is only obligated to
refund the amount paid to the Agency's account. If an adequate
replacement unit is not available on the day of the commencement of
the service, the Agency will make an effort to provide the Traveller
with information on possible alternative arrangements which are not
a part of the Agency's offer and will refund the Traveller with the
full amount paid for the reservation.
Insurance from risk of cancellation
If,
during the booking of a tour, a customer anticipates that he/she
would have to cancel the tour due to unexpected obstacles, in order
to avoid the costs in case of the tour cancellation stated in Item
The Traveler's right to
changes and cancellations of these Terms and Conditions, he/she
can pay the insurance from the risk of cancellation.The insurance
from the risk of cancellation is charged during concluding the
Contract and it cannot be paid subsequently.The insurance premium is
calculated depending on the value of the tour, according to the
price list of the insurance company. During renting of an apartment,
it is obtained by dividing the rent price with the number of persons
in the apartment. An unanticipated obstacle has occurred if any of
the following circumstances have taken effect:
Serious illness or death:
-
of the insured person
-
of his/her spouse
-
of his/her child
-
of his/her parent,
brother or sister or his/her spouse's parent, brother or sister
-
of his adoptee or
adopter.
-
Natural disaster
-
Military drill
In
case of the cancellation of a tour package, the amount of the
insurance from the risk of cancellation shall not be refunded. Also,
in case of the cancellation of a tour, the cost of obtaining visas
shall not be refunded although a customer paid the insurance from
the risk of cancellation.
If
the customer does not have the insurance from the risk of
cancellation paid, and he/she must cancel the tour due to the stated
unanticipated obstacles, Brana tours keeps the right of payment
according to the rules stated in Item The Traveler's right to
changes and cancellations.
Other insurance conditions shall be enclosed to the
insurance policy.
Insurance from consequences of accident and illness,
insurance from risk of damage and loss of baggage and voluntary
health insurance of persons during travelling and staying abroad
Tour prices do not include the insurance from the risk
of accident and illness while on travel, the insurance from the risk
of damage and loss of baggage or voluntary health insurance. By
signing the tour Contract, with these Terms and Conditions as its
integral part, it is understood that additional insurances stated in
the previous paragraph have been offered and recommended to
customers.
In
case that the customer requests the stated insurances, they can be
contracted directly with an insurer or through Brana tours, whereby
Brana tours acts only as a mediator.
We
recommend that you study the insurance terms carefully before the
purchasing.
Complaints
If
the quality of the services provided is below-standard, the
Traveller can request compensation by filing a complaint in writing.
Every Traveller is entitled to file a complaint if the paid services
were not provided. Each traveller - reservation holder must file a
complaint separately.
The
Traveller is obligated to file a complaint on the day of his/her
arrival at the location of the service provider (receptionist or
accommodation unit owner and the like) and to inform the Agency
office in Senj either by email at info@brana-tours.hr
or by phone at +385 53
881 367 . The Traveller is obligated to cooperate with the Agency
representative as well as with the service provider in a
well-intentioned manner so that the cause of the complaint can be
resolved. Should the Traveller accept the proposed solution which
corresponds with the service rendered on the spot, the Agency is not
obligated to take additional complaints into consideration.
If
the problem is not resolved on the spot following an intervention,
the Traveller is obligated to submit a written complaint along with
supporting documents as well as any photographs to support the
complaint to the agency by e-mail at info@brana-tours.hr
or to the following address Brana tours, Ivana Lenkovića 10/1, HR
53270 Senj, no later than 8 days following the return of the
Traveller from his/her trip. The Agency shall only take into
consideration fully documented complaints which are received within
the 8-day deadline.
Until a decision has been made by the Agency, in other
words for the duration of the 14/28 days after the complaint has
been filed, the Traveller relinquishes the right to involve a third
party, the arbitration or other institutions, publicly disclosing
information as well as filing suit. The highest amount of
compensation per complaint can amount to the complaint portion of
the service and cannot encompass the used portion of the service or
the total amount of the service. This excludes the Traveller's right
to be compensated for ideal damages.
The
Agency cannot be held responsible for climate conditions,
cleanliness, and the temperature of the sea, nor for other similar
situations and events which can result in the dissatisfaction of
travellers and are not a direct result of the accommodation unit
(for example lack of snow, bad weather, improperly maintained slopes
or beaches, crowds, lost or stolen property and the
like).
Warranty in case of insolvency or bankruptcy of Brana tours
In
accordance with the Law on Tourist Activity, in case of insolvency
or bankruptcy of Brana
tours, customers caught by that while travelling, as well as persons
which paid down payments for a travel should contact the provider
stated on the travel certificate or on another corresponding
document as soon as possible.
Final provisions
Putting down a deposit, in other words, payment in
full signifies that the Traveller fully comprehends and accepts the
aforementioned terms.
Court
jurisdiction
The
Traveller and the Agency will aim to settle possible law suits in
the application of this Agreement and if an agreement cannot be
reached the issue will become subject to the decision of the
Crikvenica Court jurisdiction, under the authority of the laws of
the Republic of Croatia.
Senj, 15. March 2009.