General information

GENERAL CONDITIONS
FOR THE PROVISION OF TOURIST SERVICES
private accommodation, hotels, villas, country tourism, tourist complexes


1.  OFFER

Travel Agency Autotrans ( in further text Travel Agency) undertakes to provide the guests (visitors) with the accommodation services in accordance with the published information, description, prices and time-schedule, conformably with the reservation confirmed, This obligation shall not apply in cases of exceptional circumstances (force majeure such as natural disasters, death or illness of the service providers, war, unrests, strikes and the likes).

By effecting payment for one or more board and lodging units offered in the Travel Agency’s program, guest establishes a legal relation with the Agency thus confirming his acceptance of the general conditions handed over to him on that occasion or are published on the Travel Agency`s web site . All terms and conditions laid down in the offer constitute a legal obligation for both, the guest and Travel Agency.
The Agency guarantees that the picture recordings and data furnished, relating to the boarding and lodging units offered, are true and authentic. The Travel Agency also guarantees that the terms and conditions, under which the boarding and lodging is offered, are as well true and authentic.

2. RESERVATION AND PAYMENT

The boarding and lodging inquiries and reservations can be made either by electronic mail or in writing and/or personally at the Travel Agency and its authorized partners’ selling desks.
Upon receiving inquiry for a specific accommodation, the Agency shall send to the
guest a corresponding offer. After confirming his acceptance of the offer received, the
guest shall be sent a confirmation note of reservation, on the basis of which he is to
make an advance payment for the boarding and lodging required. Based on the advance
payment, the guest will be given a booking confirmation/voucher containing all
necessary data on the accommodation booked. When making registration, it is the
guest’s duty to furnish all necessary data and pieces of document as asked for in the
corresponding booking form.

Advance payment
The advance payment is an obligation that should be complied with, unless otherwise
required, immediately after receiving reservation. Failing that, the reservation shall be
deemed as cancelled.
The name of the person for whom the reservation has been made, number of the
reservation and name of the respective accommodation facility should be stated when
effecting the advance payment.
The sum to be paid in advance amounts to 20-50% of the total package deal’s price, depending on the service chosen and the time the service shall be provided. A copy of the payment slip should be delivered by the guest to the Travel Agency’s selling desk, by e-mail, telefax, ordinary mail or personally.

Payment of the remaining sum
  • for the accommodation in hotels and tourist complexes,  the remaining sum of the total agreed amount should be paid at the latest within 15 days before providing the service. After the total amount has been paid to his account, the Travel Agency shall send to the guest the original voucher which the guest should present to the reception office of the respective accommodation facility.
     
  • for the private accommodation (in the households) the difference between the advance payment and total amount agreed, can be paid either before or after arriving in destination. The guest shall make such payment at the Travel Agency’s branch office where he must also submit the advance payment receipt. Iff the Travel Agency doesn`t have an office in a place accommodation is required, the difference to the total amount must be paid no later than 30 days before arrival.
  • For “last minute” reservation guest will make available credit card number to the Travel Agency, for a purpose of payment services.

Should a guest make a hotel reservation in any of the Agency’s selling desk and begin with the use   of the boarding and lodging on the same day the reservation is made, paying the whole sum in the lodging facility, the Travel Agency shall charge him in compensation of the reservation fees, unless otherwise agreed with the lodging facility, with the sum of 10,00 EUR per reservation, converted in kuna at the selling exchange rate of the Travel Agency’s bank. Based on the reservation fees paid, the guest shall receive a written confirmation with all necessary data on the lodging.
Iff the guest make a reservation for a private accommodation in a selling desk for a place where Travel Agency doesn`t have branch office Travel Agency shall charge him in compensation of the reservation fees, unless otherwise agreed with the lodging facility, with the sum of 20,00 EUR per reservation, converted in kuna at the selling exchange rate of the Travel Agency’s bank.

3. ACCOMMODATION PRICE

The accommodation price comprises the service basic price as specified for the lodging unit in the reservation. Extra services are the services which are not included in the lodging unit price. No extra service shall be available unless notified in advance when making reservation, required at the destination itself, included in description of the lodging facility or specified under “as agreed, other terms and conditions, important and the likes”.  Such extra services are payable in accordance with the Travel Agency’s price list.
Lodging unit tariffs are released in kuna and/or eur. All tariffs are applicable to the stays longer than three overnights. For the visits shorter than four overnights, the price shall be increased by 30% unless otherwise e agreed in a specific offer based on the guest’s request.
Should the price of a specific lodging unit be changed by the service provider before the advance payment has been made, the Travel Agency undertakes to inform the guest immediately and send him a new offer with amended prices. As to the guests with the advance payment already made, the Travel Agency guarantees for the remaining amount to be settled conformably with the offer serving as a basis for the reservation. Travel Agency can change the price iff the courenccy is chanced.Should the number of visitors showing up for lodging exceed the number stated in the voucher/booking confirmation,  the Travel Agency shall have the right to either refuse to grant the lodging to such unannounced visitors or receive them all providing the additional payment is made iff the accommodation is registrated for a biger number of person.
As the lodging tariffs are based on the contracts concluded between the Travel Agency and its partners, responsible for the provision of lodging units, these do not have to be, not necessarily, in compliance with the prices applied locally, i.e. at the destination place where the guest are staying. Therefore, the difference in price, if any, can not be matter of complaint.

4.  LOCAL TOURIST TAX

Pursuant to the Regulations on the local tourist tax in force in the Republic of Croatia ( in further text RH), the quest/citizen who, in tourist destinations other than his permanent residence, makes use of overnight services in a licensed tourist lodging facility, is subject to local tourist tax payment. The amount of such tourist tax depends on the destination place (within the Croatian territory) and duration of visit. The tax is payable in accordance with these general conditions and at the same time with the payment of lodging services.


5.   CATEGORIZATION AND DESCRIPTION OF SERVICES

Following accommodation units are offered: rooms and apartments in households (private accommodation), hotels, villas, country tourism and tourist complexes. These facilities are described in accordance with the official categorization made available by the Ministry of Tourism of the Republic of Croatia and County Board of Tourism and upon examination of the accommodation facilities effected by the Travel Agency’s official persons.
The standards of lodging, boarding and other services are different, depending on the tourist destinations and countries, and bear no comparison. The information made available to the guests at the selling stands does not make the Travel Agency more liable than the information published on internet web page www.atravel.hr, catalogue or other printed matter of the Travel Agency. The lodging services are available to the guests as from 14.00 h on the first service day. However, should some lodging unit be available earlier, the guest shall be informed accordingly, either by the Travel Agency or service provider on the spot. Unless otherwise agreed with the Travel Agency  and/or service provider, guests are requested to vacate rooms by 10.00 h departure day.
As to the lodging services provided by households ( private accommodations), should the guests, being prevented to come on time, arrive after 20.00 h, it is his duty to inform the office in charge accordingly or directly the accommodation object, at the latest by 18,00 h. Failing that, the office/accommodation object shall not be in obligation to wait for the guest. The keys of the respective lodging units are available in either the lodging facility itself or at the office.


6.        RIGHT OF CHANGES AND CANCELLATION

Should a quest wish to change or cancel the reservation made on his request, he must do it in writing (e-mail, fax or ordinary mail) or personally at the Travel Agency not later than 30 days before beginning to use the service. By change we mean the change of the  number of visitors or the date on which respective service shall commence and/or terminate. First such change, with no additional costs if possible, will be made free of charge.  Every subsequent change shall be liable to charges amounting to 20 EUR per change, in Kuna equivalent value as per Travel Agency’s business bank selling rate.
Should the confirmed reservation be cancelled by the guest or the guest, not being allowed to make the changes, decides to cancel it, the date when the Travel Agency has received the cancellation notice, shall serve as a basis for calculation of the cancellation fees, as follows:
  • for cancellation up to 30 days prior to the use of the service the tourist agency retains 10% of the price of the service/at least 15 EUR
  • for the cancellation taking place up to 22 days before the utilization of the respective accommodation service has commenced,30% of the agreed lodging  total price  shall be charged by the Travel Agency in compensation of its handling and service expenses. The rest of the amount shall be returned to the guest at the payee’s expense.
  • For the cancellation taking place from 22 days before the utilization of the respective accommodation service has commenced, 25% of the agreed lodging total price shall be charged by the Travel Agency. The rest shall be returned to the guest at the payee’s expense.
  • For the cancellation taking place from 21 to 15 days before the utilization of the respective service has commenced, 60% of the agreed lodging total price shall be charged by the Travel Agency. The rest shall be returned to the guest at the payee’s expense.
  • For the cancellation taking place from 14 to 8 days before the utilization of the respective service has commenced, 80% of the agreed lodging total price shall be charged by the Travel Agency. The rest shall be returned to the guest at the payee’s expense.
 
  • For the cancellation taking place from 7 to 0 days before the utilization of the respective service has commenced,100% of the agreed lodging total price shall be charged by the Travel Agency.

Should the guest fail to appear at the place of destination or cancel the accomodation  after it has become effective, the total amount of the accomodation  shall be charged by the Travel Agency.
In case of the actual costs being higher that those specified, the Travel Agency reserves the right to charge the costs actually incurred. Any change of reservation taking place within 30 days prior to the service utilization, shall be regarded as cancellation and therefore subject to the payment of the above stated cancellation fees.

As to the unplanned cancellation, we advise the visitors to buy themselves an appropriate insurance policy with a local insurance company. Failing that, the Travel Agency shall accept no responsibility.


7.     TRAVEL AGENCY’S RIGHT TO  CHANGE AND CANCELLATION

The Travel Agency reserves the right to change or cancel the reservation  in cases of force majeure ( exceptional circumstances) such as  unrests, war, terrorist activities, sanitary and similar disturbances in the accommodation facility, natural disasters, interventions of competent authorities,  illness or death of the service providers and the likes.
However, the reservation once confirmed can not be changed unless a previous notification has been sent to the guest. In such event, only the lodging facility of the same or higher category may be made available to the guest and that at the price confirmed in the reservation.

If an adequate replacement of the lodging reserved is not possible, the Travel Agency reserves the right to cancel it, informing the quest at least 7 days in advance and giving his  guarantee that the amount paid will be completely reimbursed.

8.     TRAVEL AGENCY’S OBLIGATIONS

It is the Travel Agency’s duty to see, exercising due diligence of a professional, that the provision of the offered services and selection of the service supplier have been complied with. He is also obliged to make sure that the guest’s rights and interests are served in  the best possible way conformably with the professional code and fair trade practice in tourism. It is the Travel Agency’s duty to provide the quests with all specified services.
No responsibility shall be assumed by the Travel Agency in case of any alteration and failure arising as a consequence of the force majeure cases (Art.1 of  the General Conditions) and delays in transport where, pursuant to the regulations in force and  international conventions, there is no responsibility of transport companies. In such events it is the guest who should settle all extra costs.

9.     GUEST’S OBLIGATIONS

Guest is obliged:
  • to have valid travel documents
    all costs incurred as a consequence of the documents being lost or stolen during the voyage are to be paid by the guest
  • to comply with the customs and foreign exchange regulations in either Croatia or abroad
  • to have one of the documents, required for  registration,  made available when arriving in the place of destination
  • to have any outstanding invoice amount settled in our Agency’s office on the very first day of his arrival in the place of destination, in accordance with Art.2 hereof.
  • to have the voucher/booking confirmation obtained in the Travel Agency when making final payment, containing all necessary details as number of persons, staying time and type of service, handed over to the service supplier on his arrival in the lodging facility.
  • to comply with the code of conduct in the lodging facility rented and cooperate with the service supplier in good faith

In case of noncompliance by the guest with these requirements, any costs and damages that may result from his noncompliance shall be borne by him with no responsibility whatsoever assumed by the Travel Agency.

10.      LUGGAGE

There is no responsibility assumed by the Travel Agency for any damaged, destroyed or stolen luggage nor for the luggage and/or valuable objects stolen in the lodging facility. All cases dealing with damaged, destroyed or stolen luggage shall be reported to the lodging facility owner and local police station, if necessary.


11.     TRAVELLING INSURANCE

There is no insurance against risk of voyage or staying at the lodging facility, included in the service extended by our Agency. The guest are advised to take out insurance in their own arrangement.


12.      SETTLEMENT OF COMPLAINTS

It is the right of every guest – contract holder, to lodge complaints for an incomplete, poor or unperformed service. In case of incomplete and low-quality service extended to him while staying at the lodging facility rented, the guest shall be entitled to a proportional compensation
after submitting his complaint in writing.
  1. For the services extended in hotels and tourist complexes: all complaints should be reported at the reception desk, to the person in charge. If the cause of complaint is not removed, the guest must inform immediately the Travel Agency’s representative. It is then his duty to see to it that the cause of the complaint is eliminated. Failing that,  it is the guest’s duty to make out a written complaint requesting the responsible persons in the hotel to put their signature on it.  A copy of such complaint must be sent to the Travel Agency not later than 15 days after the service. The Travel Agency  undertakes to send his answer at the latest within 15 days from receiving the complaint and to compensate the guest if there are solid evidences that the complaint submitted have occurred as a consequence of the Travel Agency or service supplier’s failures.
  2. For the services extended in households lodging facilities (room, apartments and houses):
    Complaints on behalf of all occupants of the same lodging unit should be submitted by the contract holder. Following procedure shall be applied:
 
  • Should the guest be not satisfied with the conditions at the lodging facility, he must inform immediately the Travel Agency, its authorized representative respectively. The guest’s cooperation in bona fide with both, the Travel Agency and service supplier is expected in order to eliminate the cause of the complaint.
  • Should the solution offered, being up to the service in question, be refused by the guest, no subsequent complaints lodged by the guest shall be accepted or answered by the Travel Agency.
  • The lodging price is the only standard to be applied when comparing the original and replacement lodging. Travel Agency is not allowed to offer to the guest any  replacement lodgings being inferior in value than the ones paid for.
  • If a guest, not satisfied with the conditions in the lodging unit, has left the facility and found some other of his own initiative, thus giving no chance to the Travel Agency to either eliminate the cause of his dissatisfaction or offer a replacement, he shall have no right to request either the reimbursement or compensation, irrespective of his reasons, being justified or not.
  • If the problem remains even after an on the spot offered solution, the Agency shall make out a confirmation note in two copies, one for the Agency and one for the guest. In such event and not later than 15 days after leaving the lodging facility, the guest must send to the Travel Agency, e-mail adresse: reklamacije@arriva.com.hr, or by ordinary mail to Autotrans d.d., Šetalište 20.travnja 18, 51557 Cres, Croatia, his complaint, enclosing  the said confirmation note and all other accompanying documents and photographs serving as testimony to the validity of his complaint. Only fully documented complaints received within 15 days shall be taken into consideration by the Travel Agency. Its reply should be sent in writing within 15 days from receiving it. The Travel Agency’s obligation with regard to the settlement of complaints, shall include only those complaints whose cause could not been eliminated at the place of the service provision. No compensation for single complaints can exceed the value of the services being the subject matter of such complaint. In other words, neither the services already consumed nor the total service amount can be included in the compensation.
  • Guest’s right to indivisible (ideal) damage compensation is hereby exluded.
A passenger who is not satisfied with the response of travel agency to his objection can turn to the Centre for Conciliation at the Croatian Chamber of Commerce, Zagreb, Roosevelt Square 2, mirenje@hgk.hr to initiate the alternative dispute resolution procedure and resolve the dispute by agreement otherwise the court's jurisdiction is Rijeka. In both cases, Croatian law and legal rules apply.
The competent authority for the official supervision of travel agency is State Inspectorate - Independent Department of Tourism Inspection, Šubićeva 29, 10 000 Zagreb.


13.      PRIVACY PROTECTION

Travel agency will collect and process only personal data of the passenger necessary for the realization of the journey and will keep it as a business secret and everything that he/she has learned about the passenger and without his consent, except in legally prescribed cases, will not inform anyone about passenger’s address, place and time of travel, stay, paid price as well as the names of travel companions.
All personal information about passengers is kept and available only to employees of travel agency whose data is necessary for doing business and is processed in accordance with the Declaration on the Protection of Personal Data of the travel agency published at www.atravel.hr


14.      COURT JURISDICTION

In case of possible disputes arising beetween them, the Travel Agency and the guest shall try to settle it by mutual agreement. If this will not be possible,  the case shall be referred to the Court in Rijeka and the Croation law shall be applied.


15.      FINAL REGULATIONS

It is understood that the guests, when paying reservation and obtaining the Travel Agency’s confirmation note, is fully acquainted with the general conditions for the provision of the accommodation services and that these are accepted by him. Therefore, everything laid down in these General Conditions becomes a legal obligation for the guest and Travel Agency alike.
The Travel Agency reserves the right to modify these General Conditions. However, such modification shall have no effect on the reservations already realized and paid.



In Rijeka, May 20, 2019.