Korcula Larus Agentur – Allgemeine Geschäftsbedingungen für Dienstleistungen der Unterkunft
“Korcula Larus” tourist agency, Prižba 38, 20271 Blato, ID: HR-B-20-97740039, which is a part of the business “Andreis web, obrt za turizam”, OIB: 97755907282, (hereinafter: Agency), guarantees the authenticity of the displayed visual and written data related to the accommodation unit characteristics in its agency offer available at www.korcula-larus.com, as well as the authenticity of the conditions they are offered under.
The Agency is obliged to ensure the accommodation in the booked properties in the reserved period, except in the case of force majeure (war, riots, strikes, terrorist attacks, sanitary problems, natural disasters, official authority interventions, etc.).
By renting one or more accommodation units from the Agency’s offer the client enters a legal relationship with the Agency, and confirms that he/she accepts these General Terms And Conditions of Providing Accommodation Services (hereinafter called “General Terms and Conditions”). All the details stated in the offer represent a legal obligation of the client as well as the Agency. The General Terms and Conditions represent the basis for the settlement of any possible dispute that may arise between the client and the Agency. The client is therefore strongly advised to carefully read the General Terms and Conditions prior to any advance payment.
2. OFFER CONTENT
The Agency provides services of private accommodation.
Each house has a house title. The accommodation units inside the house have numbers in their titles or an additional title.
The numbers next to the description of the accommodation units indicate the capacity of the accommodation unit, i.e. the allocation of the beds. The number on the left indicates the number of basic beds and the number on the right the number of extra beds.
The extra beds in the accommodation units from the Agency’s offer are usually standard beds, less often sofa beds, and very rarely folding beds. All beds situated in the kitchen, dining room or living room are also considered as extra beds.
In certain accommodation units, one or more children under 12 years can be accommodated over the advertised capacity. The service is available in units which offer as an additional service children’s beds (beds with length and width smaller than the standard beds).
Warm water is not necessary to be available in the accommodation unit’s kitchen.
3. SENDING AN ENQUIRY
The enquiries are sent by mail (email@example.com) or by filling out the contact form on the website of the accommodation units which are run by the Agency. Each enquiry must contain specific information based on which the Agency will create an offer (at least period of vacation, number of people, their age, preferred destination and any other special requirements and requests of the client). If necessary, the client can also contact the Agency by phone but the final enquiry must be sent in written form.
Once the client defines the desired service, the Agency checks for the availability and asks the client would he/she like to book. When the client confirms, the Agency sends the reservation offer and creates the option time with the owner. The Agency is not responsable for the availability of the accommodation confirmed in the first answer to the first client enquiry, but only during the option time.
4. SENDING THE RESERVATION OFFER
The reservation offer contains basic information about the reservation, bank account to which the advance needs to be paid, house rules and the information that the client accepts these General Terms and Conditions. By paying the advance the client confirms that he/she read and that he/she accepts these General Terms and Conditions and the house rules. The due date for paying the deadline is also the option time given to the owner by the Agency.
The client voluntarily supplies his/her personal information. The client’s personal information is necessary in the realization process of the requested service and it will be used for further communication with the client. The Agency undertakes to not carry out from company and to not provide to third party the client’s private information, except for the purpose of realization of the booking. The client allows the Agency to use only his/her email address for the purpose of marketing.
The payment for the booking can be made by bank transfer.
In order to firmly confirm the reservation offer, the client has to pay the advance according to the issued proforma invoice which is a part of the reservation offer.
The remaining amount up to the total amount of the booking can be paid by the client in cash, directly to the service provider on the day of arrival.
The client will be informed of the exact amount and the payment method of the advance when sending the proforma invoice in the resrevation offer.
If the client decides to pay the requested amount by bank transfer, he is obliged to forward to the Agency the copy of the bank transfer immediately upon realization of the payment.
The Agency is not responsible for the availability of services confirmed after expiration of the option time limit assigned for the booking confirmation.
By realizing the payment for the booking, the client certifies that he/she is completely familiarized with all the details and conditions under which the particular accommodation unit is offered. By realizing the payment, everything stated in these General Terms and Conditions, becomes a legal obligation of the client and of the Agency. All the conditions and terms specified in this contract become legal obligation of both the client and the Agency.
7. CONTENT AND PRICE OF THE PURCHASED SERVICES
The prices advertised on the website of the accommodation units which are run by the Agency vary depending on the accommodation facility. The prices are not always shown. If shown, the prices are quoted in Euros (€).
The advertised prices for the private accommodation include: daily rental of the accommodation units, bed linen, kitchen equipped with the necessary dishes and cutlery (except when the accommodation unit booked is a room without the use of kitchen) gas, water and electricity expenses.
Additional services are services that are provided in the accommodation unit but are often not included in the rental price (such as use of air conditioning, brought pets, use of washing machine, berth place for the boat, etc.). The prices for the additional services will be indicated in the reservation offer. If the Agency is in the possession of the price list for additional services, it will be advertised on the Agency’s website. Most of the additional services the client must pay directly to the service provider, while some of them will be paid when confirming the booking.
Considering the fact that the availability of the accommodation may depend on additional services (such as bringing pets, the use of additional beds, etc.), and since the additional services may not always be available (e.g. the use of the Internet, berth place for boats, etc.), the client is obliged to report all desired additional services when creating the booking request.
In some cases the client will have to pay before starting to use the rented accommodation a cash deposit directly to the service provider. This deposit is a guarantee for the service provider that the client will not cause any damages to the accommodation unit or its contents. On the day of departure the entire deposit amount will be refunded to the client, but only after the service provider has previously determined, that the client has left the rented accommodation in the same condition in which he has found it at the check-in.
The client will be informed about all the mandatory surcharges, the exact prices of the desired services and possible cash deposits, as well as their payment methods, when sending the proforma invoice in the reservation offer.
The Agency reserves the right to change the prices specified on the Agency’s website until the moment the proforma invoice is sent to the client. By sending the proforma invoice, the Agency guarantees that the booked accommodation is available according to the price calculated in the proforma invoice.
In case the service provider, i.e. the Agency, reduces the price of the accommodation unit after the client has confirmed the booking, the client is not entitled to the new, lower price.
The client is obliged to verify whether the Agency has calculated all the discounts and reimbursements in the proforma invoice. The request for calculation and/or reimbursement after the booking confirmation, is considered a modification of the booking.
No additional discounts can be realized for services which are part of the last minute offer.
8. SERVICE CATEGORIZATION AND DESCRIPTION
The offered accommodation units are described 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 during the Agency’s personnel visit in the property when the accommodation unit was registered in our offer.
The standards of accommodation, food and other services of different places and countries vary and are not suitable for comparison. The information the client receives directly from the Agency’s personnel does not oblige the Agency more than the information published on the Agency’s website.
The Agency guarantees that the service provider will make sure that the kitchen 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. The service provider is under no obligation to provide towels to the client.
The time of arrival at the accommodation unit is after 2:00 PM, and the time of departure on the last day of the booking is no later than 10:00 AM. The previously specified rule helps avoiding that the clients from the same accommodation unit meet when the dates of departure of the previous clients and of arrival of the new clients are overlapping. 4 hours are needed by the accommodation service provider for cleaning and preparing the accommodation unit for the next clients.
The keys are given to the client by the service provider personally at the accommodation unit or at the check-in address if it varies from the address of the property.
9. THE AGENCY’S RIGHT TO CHANGES AND CANCELLATION
The Agency is entitled to suggest the change of a booked accommodation or cancel it completely or partially, if unexpected circumstances which cannot be avoided or removed and are related strictly to the booked accommodation (e.g. sanitary problems, etc.) occur prior to or during the 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 accept booking confirmations for those accommodation units.
If the Agency is in position to offer the client an alternative accommodation, the change of the booked accommodation can be made only with the client’s approval. If the alternative accommodation unit price is lower than that of the cancelled one, the Agency undertakes to refund the price difference to the client and to bear in that case the bank charges. If the alternative accommodation unit price is higher than the cancelled one’s, the Agency is entitled to charge the client for the price difference.
The Agency is obliged to inform all the clients who have confirmed their arrival by paying the advance of any changes of the booking or cancellation, immediately upon the occurrence of the unexpected circumstances. If the Agency is not able to find an alternative accommodation, it is obliged to refund the amount paid for the booking to the client and the Agency will bear for that the bank charges. In case of refund of the paid amount, the client is not entitled to claim the compensation of any other additional costs related to his booking.
This provision applies only if the unexpected circumstances are not caused by a case of force majeure, and only if they strictly concern the booked accommodation. If the change or the cancellation of the booking is due to a case of force majeure, the provisions of Art. 15, of the General Terms and Conditions are applied.
10. THE CLIENT’S RIGHT TO CHANGES AND CANCELLATION
The client can change an already confirmed booking only if the change is accepted by the service provider. The changes may include: change of the holder of booking, booked dates, number of persons, age of persons, type of basic or extra services booked and payment process.
The request for a change of the booking must be submitted in written form (by e-mail or by mail).
After the start of the booked service a change of the parameters is not possible.
If the period is one of the changed booking parameters, the period of the new booking has to be in the same season like to original one, otherwise the requested change is considered as booking cancellation and cancellation fees apply.
If the service provider does not accept an agreement on a possible change of the booking parameters, i.e. that the paid advance is assigned to a new calculation, the requested change of booking is considered as booking cancellation and cancellation fees will be charged.
A cancellation of the booked accommodation must be done by the client in written form (by e-mail or by mail).
The date when the Agency received the written cancellation notification represents the basis for the calculation of the cancellation costs in the following way:
For a cancellation occurring before the start of using the service booked, the Agency charges 35 % of the total price of the accommodation
If the client does not show up at the destination or cancels the booked services after the beginning of service use, the client is not entitled to a refund of the paid amount (including the amount paid by the client directly to the service provider).
If the client does not arrive at the booked accommodation until 11:00 PM on the day of the booked service start, while he has not informed the Agency nor the service provider of his possible delay, the booking will be considered as cancelled on the day of arrival. The client has no right to complain and loses the paid amount, in case the service provider accepted in the meantime other clients.
If the client, upon cancelling the booked accommodation units, finds a new user for the same booking, the Agency charges only the costs caused by the change if the booking parameters.
The change of the booked accommodation unit with another one (of a different service provider) is considered as a booking cancellation. In that case the client will be charged cancellation fees according to the scale shown above and any possible difference in price will be transferred to the client’s new booking.
If the booking is cancelled due to a death or a serious illness of the client (the holder of the booking) or of a member of his/her immediate family, the Agency will not charge cancellation fees if the client provides the Agency a death or other medical certificate, and if necessary with a confirmation of family relationship between the deceased and the client, i.e. the member of the group. This provision is applied if the booking is cancelled due to the death of any member of the group or a member of his/her immediate family (spouse, brother, sister, parent or child), but only in case the Agency possessed the information that this person was registered previously as a group member. If the Agency did not receive a death certificate and a confirmation of family relationship between the deceased and the client, the cancellations fees are charged in the amount of 35% of the total price.
The Agency provides the client with a calculation of the cancellation fees in written form. The refund of the amount the client is entitled to, will be realized within 5 working days of determining the precise amount of the refund, under the condition that the Agency possesses the client’s data necessary to carry out the money refund.
11. AGENCY’S OBLIGATIONS
The Agency is responsible for the execution of the 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.
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 booked services or a part of the services the client paid for.
12. CLIENT’S OBLIGATIONS
The client is obliged:
to possess valid travel documents for each person (including travel documents for children and documents required for pets). The costs of loss or theft of these documents during the journey are 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 the transit countries. The Agency does not provide services of obtaining visa, and reserves the right to charge the cancellation fees according to the para. 10. in case the client does not obtain the documents necessary to enter the Republic of Croatia;
to present the voucher with the clearly indicated number of persons and type of services to be provided, to the service provider, on the day of arrival at the booked accommodation unit;
to pay on the day of the arrival directly to the service provider the unsettled amount of the booking, the costs of additional services (if he/she uses them) and the cash deposit (if it is specified on the voucher), if the client did not pay them prior to arrival;
to arrive at the accommodation unit in the exact number and composition of persons that the Agency was previously notified of. If more people arrive at the accommodation unit 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 can request a surcharge for them;
to notify the Agency of bringing any pets in order to obtain previously the consent of the service provider. The service provider can refuse to provide the accommodation service to the client if he/she insists that unannounced pets also use the booked accommodation;
to notify the Agency of all the relevant facts that can affect the client’s stay in the booked accommodation unit (e. g. allergies and illness of the client, physical disability of the client, arriving by vehicle of non-standard size, need of bed of non-standard size, special diet conditions if the client chooses food services, etc.);
to obey the House rules in the booked accommodation unit, and cooperate in good will with the service providers. If the accommodation unit has a pool, the client is obliged to obey the rules for using the pool which were given to the guest by the service provider. The service provider is obliged to maintain the pool on a regular basis, but all additional client’s demands regarding the pool maintenance (such as water re-fill) will be charged to the client.
If the client does not comply with these 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.
The luggage will be transported by the client at the risk of the client, thus it is recommended to insure the luggage with an insurance company.
The Agency does not hold any responsibility for loss or damage of luggage, nor for stealing of luggage from the accommodation unit. The report of lost, damaged or stolen luggage is made by the client to the accommodation service provider and to the nearest police station.
The client is entitled to complain only in case of incorrect photographs published, i.e. inaccurately presented information regarding the booked accommodation unit, except the situation when the current condition of the accommodation unit is to the benefit of the client. The client can also complain about cleanliness and filthiness of the booked accommodation unit as well as the inappropriate behavior of the service provider.
The Agency is not liable for non-realization of services that were not booked by the client prior to his/her arrival at the accommodation unit.
The Agency is not liable for the working hours of shops and restaurants near the property. Information on their distance from the property is only for orientation purposes and cannot be a reason for complaint.
The client is not entitled to complain about information advertised on the the Agency’s website that went unnoticed by the client, or about any facts that he/she was warned about by the the Agency’s personnel.
The client is not entitled to complain on any other grounds, especially he/she has not the right to complain about bad weather conditions, the configuration and the cleanliness of the beach, the cleanliness and equipment of the destination, the cleanliness and the temperature of the sea, and about any other similar situations or events that may cause the client’s dissatisfaction, and are not directly related to the quality of the booked accommodation unit (e.g. local water supply problem, sewage problem, crowds, theft or damage to personal property, etc.).
The complaint can be submitted on the day of arrival at the accommodation unit only. Exceptionally, in case the problem could not be observed on the arrival day or it has occurred during the stay, the client can submit the complaint even later, but immediately upon establishing the existence of the problem. All complaints submitted following the deadline will be rejected as unfounded.
The complaint must be submitted by phone, e-mail or SMS. The complaint cannot be submitted by leaving a message on the answering machine.
The Agency is able to receive the client’s complaints every day (including Saturday, Sunday and holidays) from 8 AM to 11 PM. If the client does not have the possibility to submit the complaint by e-mail or SMS and does not have an own mobile phone, the client is advised to contact the Agency 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 the call, because any complaint submitted out the stated deadlines will not be taken into consideration.
The Agency stores the audio record of the received complaint, as well as the audio record of all further communication between the client and the Agency related to the resolution of the complaint. By accepting these General Terms and Conditions, the client confirms that he is familiarized with the fact that the audio record of every phone call with the Agency is stored, and that he accepts that the audio records will serve as a material of proof in a possible trial.
Once the Agency receives the client’s complaint it will immediately undertake all the necessary action to resolve the complaint. After the Agency verifies all the circumstances of the complaint (first by contacting the service provider), the Agency undertakes determine the validity of complaint. If the Agency does not react, the client gains the right to leave the accommodation unit and the Agency is obliged to refund the paid amount to the client, and the bank charges will be borne by the Agency.
If the complaint is considered valid by the Agency, the Agency will try to solve the reason of the complaint. The time between 11 PM and 8 AM is not included in the defined deadlines. The client is obliged to cooperate in good will with the Agency’s representative and the service provider in order to resolve the cause of complaint.
Any justified complaint is resolved by solving the reported shortfalls or by reducing the amount of the booked service. The acceptance of the discount is considered as resolution of the reported shortfalls. If the justified causes of the complaint cannot be resolved, the Agency undertakes to find an alternative accommodation for the client. If the service provider is not able to resolve the reported shortfalls and the Agency is not able to offer alternative accommodation, the Agency will refund on its own expenses the paid amount.
The highest paid compensation per complaint can not be higher than the amount paid. If the client submits the complaint after beginning to use the booked services, the highest paid compensation can not be higher than the amount of the unused part of the services.
The client is not entitled to claim compensation of material or non-material damages (such as bank charges for money transfer, telephone bills, additional gasoline costs, loss of time, stress, psychological damage, etc.) .
The criteria for comparison of the booked accommodation unit and the alternative accommodation unit are the location and the price advertised on the Agency’s website. If the Agency offers alternative accommodation of lower price than the booked one, the client is entitled to the refund of the price difference. If the alternative accommodation price is higher than the booked accommodation price, the price difference will be borne by the Agency.
If the client does not accept an alternative accommodation comparable to the one which is subject of the complaint (of equivalent location and price), the Agency will not take into consideration any complaint subsequently submitted. By accepting the alternative accommodation, the client waives all rights to claim a refund of the amount paid for the booked accommodation unit..
If the Agency does not resolve the client’s complaint and does not provide any alternative accommodation, the client gains the right to leave the booked accommodation unit. The Agency is then obliged to refund the paid amount to the client and will bear the bank charges.
If the Agency determines that the complaint is not valid, it will not undertake any actions to resolve the complaint. The client has the possibility to accept such a decision and remain in the booked accommodation unit on the previously defined terms and conditions, or request an alternative accommodation from the Agency, for which the client is obliged to pay the full amount of the accommodation directly to the new service provider.
If the Agency is not able to decide on the spot regarding the justification of the complaint, the Agency is obliged to offer to the client an alternative accommodation. The client is obliged to pay to the new service provider the full calculated price of the alternative offer.
If the client does not accept the Agency’s decision and decides to subsequently claim the paid amount, he/she is not allowed to stay in the accommodation which is subject of the complaint. By deciding to remain in the booked accommodation, the client waives in advance the right to the possibility of claiming the refund of the paid amount.
If the client is not satisfied with the state of the provided service, leaves the accommodation unit and finds an alternative accommodation on his/her initiative, by that does not give the Agency the chance to solve the cause of the complaint, the client is not entitled to a refund of the amount paid or to suit for compensation, regardless whether his/her reasons for the complaint are justified or not.
The client is obliged to submit the complaint in written form (by e-mail or mail) within maximum seven days from the end of the booked period of the services which are subject of the complaint. The Agency is obliged to confirm in written form, without delay, the receipt of the complaint to the client. The complaint submitted after the deadline or with incomplete documentation (photographs, information from other reliable source, etc.) will not be taken into consideration.
The Agency is obliged to issue a written answer to the duly submitted complaint within seven days after the complaint was received. The Agency has the right to extend this period for another 14 additional days due to gathering information and to verify the complaint details with the service provider.
Until the Agency presents the solution, 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 comply with this provision and thus breaches the procedure, the Agency reserves the right to claim compensation of damages caused by such an action undertake by the client, regardless of the grounds of the complaint.
15. FINAL PROVISIONS
The Agency is not responsible in any way for changes or non-provision of the service due to a case of force majeure in the client’s country or in the country where the service is should 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 such cases the client is not entitled to a reimbursement of the paid amount. This amount can also not be used as an advance payment for an alternative accommodation unit that the client would like to book at another destination or in a different period, but the provisions of booking cancellation apply (according to Art. 10 of the General Terms and Conditions).
16. COURT JURISDICTION
The parties will attempt to settle any dispute agreeably. If the parties cannot agree to settle the dispute, they accept that the dispute will be settled by the competent court in Dubrovnik, office in Korcula.
Everything not specified in these General Terms and Conditions, is subject to the laws in force of the Republic of Croatia.
In case that for any reason the translation of a specified article is discredited, the Agency confirms that it will interpret the article according to the translation of an official court interpreter for the client’s language.
In Prižba, 01.03.2017.