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.
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.
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:
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 50 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:
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:
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.
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 email@example.com 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 firstname.lastname@example.org 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.
Putting down a deposit, in other words, payment in full signifies that the Traveller fully comprehends and accepts the aforementioned terms.
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, 1st. December 2012.