GENERAL TERMS AND CONDITIONS OF PROVIDING ACCOMMODATION SERVICES

1. INTRODUCTION

1.1. „Turistički
obnrt Maestral.“ tourist agency Coala Travel , Kralja Tomislava 4, 21223
ID: HR-AB-21-17060900424
(hereinafter: Agency), guarantees the authenticity of the displayed
visual and written data related to the accommodation unit
characteristics in its offer available at www.coala-travel.com, as well
as the authenticity of the conditions they are offered under.

1.2. 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.).

1.3. 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

2.1. The
Agency provides services of private and hotel accommodation and
accommodation in lighthouses.

2.2. Types
and codes of accommodation units from the Agency’s private accommodation
offer:

A – a self-contained accommodation unit which consists of one or more
rooms, its own kitchen, and at least one bathroom. There can be one or
more accommodation units in the house: apartment, studio or room. There
is usually one self-contained part of the building where the owners or
the owner’s family live.

AS – studio, it is a self-contained, small accommodation unit, which in
majority of cases combines living room, bedroom and kitchen into a
single room or the sleeping facilities are situated on the gallery. A
studio can also be an accommodation unit with sleeping facilities in a
separate room which is not separated from the rest of the unit by a
door. A studio has its own bathroom. There can be one or more
accommodation units in the house: apartment, studio or room. There is
usually one self-contained part of the building where the owners or the
owner’s family live.

S – room, an accommodation unit with sleeping facilities. It usually has
its own bathroom, but it can sometimes share the bathroom with other
rooms. In some holiday properties, the rooms have the possibility of
using shared cooking facilities, which is mostly charged additionally.
Usually, it is not possible to prepare one’s own meal, but in such cases
mostly exists the option of surcharge for breakfast, half board or full
board. There is at least one more accommodation unit in the house:
apartment, studio or room. There is usually one self-contained part of
the building where the owners or the owner’s family live.

K – house, an accommodation unit encompassing the entire property. It
includes one or more rooms, a living room, kitchen and at least one
bathroom. There are neither other clients nor owners in the house.

2.3. The
lower case letter next to the numbers in the code of an accommodation
unit means that the property contains several accommodation units
regardless of the fact whether the units are included in the Agency’s
offer or the owners live there. For example, A-4+1 no.1means that there
are at least two more apartments in the same house (apartments ‘1’ and
‘2’).

2.4. The
numbers in brackets 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. For example the code A-4+2 no.3(4+2) means that the apartment ‘c’
in the house has 4 basic and 2 extra beds.

2.5. One
room can contain maximum 2 basic beds. All other beds in that room are
considered as extra beds. All beds situated in the kitchen, dining room
or living room are also considered as 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. The position and the
type of extra beds can be seen in the photos and in the ground plan of
the selected unit.

2.6. 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).

2.7. The
kitchen of the accommodation unit can have standard equipment or can be
a kitchenette. The standard kitchen equipment includes a refrigerator, a
sink, a stove with a minimum of two burners/hotplates and a working
surface with a minimum of 20 cm in width. A kitchenette is equipped with
at least a refrigerator and a sink and can be used to cook or at least
to heat up food (stove, hot plate or microwave oven). Warm water must
not be available in the accommodation unit’s kitchen.

2.8. In case
the Agency does not possess photographies of a certain room in the
accommodation unit, that room is presented on the site by an icon. That
kind of presentation is for illustration purposes only and does not
present an actual state..

3. SENDING AN ENQUIRY

3.1. If the
client is unable to book on his own an accommodation that meets his
requirements the most, the client can contact the Agency for assistance.
The enquiries are sent by mail (info@coala-travel.com) or by filling out
the contact formon the
Agency’s web site. 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.

3.2. Once
the client defines the desired service, he will create the official
booking request.

4. CREATION OF BOOKING REQUEST

4.1. The
booking request is done by filling in a simple form available on the
Agency’s web site. During the application process the client has to
provide all the information required from him in the booking form.

4.2. When
sending the booking request, the client’s user account is also created.

4.3. The
booking request can not be created without the client’s confirmation
that he has previously read the General Terms and Conditions and that he
has accepted them.

4.4. After
receiving the booking request, the Agency will inform the client by
email about the successful creation of the booking request.

5. PRIVACY POLICY

5.1. The
client voluntarily supplies his/her personal information. The client’s
personal information are necessary in the realization process of the
requested service and they will be used for further communication with
the client. The Agency undertakes to not carry out from company and to
not provide to a third party the client’s private information, except
for the purpose of realization of the booking. The client allows the
Agency to use his/her personal information for the purpose of marketing.
The Agency is using the client’s personal information according to the
published terms of the Agency’s Privacy Policy.

6. PAYMENT

6.1. The
payment for the booking can be made by bank transfer or by credit card.
The clients who are required to have a visa for entering the Republic of
Croatia, cannot realize the payment by credit card.

6.2. When
paying by credit card, the payer’s account will be charged by the amount
from the proforma invoice in kuna currency equivalent, calculated
according to the Agency’s business bank’s exchange rate. There is the
possibility of a minimun exchange rate difference, which will be charged
from the client’s account.

6.3. In
order to firmly confirm the created booking request, the client has to
pay the advance according to the issued proforma invoice.

6.4. The
remaining amount up to the total amount of the booking can be paid by
the client in the following ways: :

• in cash, directly to the service provider on the day of arrival,
• by credit card or by bank transfer to the Agency’s account, at least
  one month prior to the arrival.

6.5. In
specific cases (for instance, when the total booking amount does not
exceed 300 Euros or the client is a person required to have a visa for
entering the Republic of Croatia) it is necessary to pay 100 % of the
booking amount when confirming the booking.

6.6. If the
client is obliged to pay the total amount of the booking to the Agency
(in cases when it is not possible to pay the remaining amount directly
to the service provider, as well as bookings of hotel and lighthouse
accommodation) and there are less than 30 days left till the arrival
date, the client is obliged to pay 100% of total booking amount when
confirming the booking.

6.7. The
client will be informed of the exact amount and the payment method of
the advance when sending the proforma invoice.

6.8. 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.

6.9. The
Agency is not responsible for the availability of services confirmed
after expiration of the option time limit assigned for the booking
confirmation.

6.10. If the
paid amount does not arrive on the Agency’s bank account prior to the
client’s departure on vacation, the client is obliged to send the Agency
the confirmation of the completed bank transaction (SWIFT). In case the
client wishes to avoid additional bank costs related for issuing the
SWIFT confirmation, he is able to send a filled out and signed payment
confirmation with the attached copy of the client’s ID card or passport.
Upon receipt of the declaration, the Agency will send the voucher to the
client.

6.11. 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

7.1. The
prices advertised on the Agency’s website vary depending on the
accommodation facility. The prices are specified for each accommodation
unit. Prices are quoted in Euros (€). The equivalent value in Kuna of
the paid services will be stated on the invoice. The advertised prices
for accommodation in hotel and in lighthouse include only those services
which are described in the chosen accommodation unit offer. 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 (except
for ‘Robinson Crusoe style’ type of accommodation).

7.2. Additional
services are services that are provided in the accommodation unit but
are not included in the rental price (such as use of air conditioning,
brought pets, food services, use of washing machine, boat rental, berth
place for the boat, etc.). The client pays for them additionally and
only if he/she uses those services. 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.

7.3. While
most services are optional, there are some mandatory services (e.g.
special transportation to the accommodation facility by boat, etc.)
which are paid by the client on the spot directly to the service
provider.

7.4. Considering
the fact that the availability of the accommodation may depend on
additional services (such as food services, pets, the use of additional
beds, etc.), and since the additional services may not always be
available (e.g. boat rental, 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.

7.5. In some
rare 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.

7.6. 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.

7.7. The
Agency reserves the right to change the prices specified on the Agency’s
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.

7.8. 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.

7.9. All the
prices advertised on the Agency’s website refer to a stay in the
accommodation unit longer than four nights. For a stay of 4 days or
less, the prices increase according to the following percentages:

• Four nights – the advertised prices increase by 20,00%.
• Three nights – the advertised prices increase by 30,00%.
• Two nights – the advertised prices increase by 40,00%.
• One night – the advertised prices increase by 50,00%.

8. SERVICE CATEGORIZATION AND DESCRIPTION

8.1. 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.

8.2. 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.

8.3. The
allocation of rooms/apartments in hotels is determined by the hotel
reception. If the client did not specifically agreed upon a
room/apartment with special features, the client will accept any
room/apartment allocated to him/her in accordance with the voucher.

8.4. 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. Bed linen are being changed on weekly basis for
clients staying longer than one week. The service provider is under no
obligation to provide towels to the client.

8.5. 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.

8.6. 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

9.1. 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.

9.2. 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.

9.3. 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.

9.4. 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, para. 1 of the
General Terms and Conditions are applied.

10. THE CLIENT’S RIGHT TO CHANGED AND CANCELLATION

10.1. 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, fax
or by mail). The client agrees to pay for the specified changes a flat
amount which is charged per change (per new calculation) and depends on
the date when the Agency received the written request for change of
booking parameters:

• for a change requested by the client 21 or more days prior to the
  start of the booked service use, the Agency charges an
  administrative fee of 30,00 €,
• for a change requested by the client 20 or less days prior to the
  start of the booked service use, the Agency charges an
  administrative fee of 45,00 €.

10.2. After
the start of the booked service a change of the parameters is not
possible.

10.3. 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 will be charged according the para. 10.7.

10.4. In
case that after an already confirmed and agreed modification, the client
requests a new modification of the booking, the new modification will be
again charged in accordance to the fees specified above, even if the new
parameters are identical to the originally confirmed booking.

10.5. 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 according the para.
10.7.

10.6. A
cancellation of the booked accommodation must be done by the client in
written form (by e-mail, fax or by mail).

10.7. 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 up to 29 days before the start of using
  the service booked, the Agency charges 30 % of the total price of
  the accommodation booked on behalf of handling and administrative
  charges. The rest of the amount will be refunded to the client at
  the expense of the payee.
• For a cancellation occurring from 28 to 22 days before the start of
  using the service booked, the Agency charges 40 % of the total price
  of the accommodation booked (i. e. 50% of the total price of the
  booked accommodation in lighthouse). The rest of the amount will be
  refunded to the client at the expense of the payee.
• For a cancellation occurring from 21 to 15 days before the start of
  using the service booked, the Agency charges 60 % of the total price
  of the accommodation booked. The rest of the amount will be refunded
  to the client at the expense of the payee.
• For a cancellation occurring from 14 to 8 days before the start of
  using the service booked the Agency charges 80 % of the total price
  of the accommodation booked (i. e. 100% of the total price of the
  booked accommodation in lighthouse). The rest of the amount will be
  refunded to the client at the expense of the payee.
• For a cancellation occurring from 7 to 0 days before the start of
  using the booked service the Agency charges 100 % of the total price
  of the accommodation booked.
• 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).

10.8. If the
client does not arrive at the booked accommodation until 08:00 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. In such case the
cancellation costs will be charged according ot the above scale. The
client has no right to complain and loses the paid amount, in case the
service provider accepted in the meantime other clients.

10.9. 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.

10.10. 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 the scale shown
above and any possible difference in price will be transferred to the
client’s new booking. The Agency will offer the client for the new
booking a special discount of 10% of the cancelled booking’s amount.

10.11. If
the client cancels an accommodation booked with one or more approved
discounts, the discounts will not be considered in the calculation of
the cancellation costs, and the cancellation fees will be charged for
the full amount of the booking.

10.12. If
the client booked more accommodation units in one request, and he/she
does not wish to cancel all booked accommodation units (partial
cancellation of booking), the cancellation costs for the canceled
accommodation units will be charged according to the scale shown above,
and the possible difference between the total amount of the advance
payment and the cancellation costs for the cancelled accommodation
units, will be considered as an advance payment for the rest of the
accommodation units.

10.13. If
the actual costs are higher than previously presented, the Agency
reserves the right of charging all the actual costs.

10.14. If
the booking is cancelled due to death of the client (the holder of the
booking) or of a member of his/her immediate family, the Agency will
charge only the minimum cancellation fee (30%). 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.

10.15. The
client must provide the Agency with a death certificate, and if
necessary with a confirmation of family relationship between the
deceased and the client, i.e. the member of the group.

10.16. If
the cancellation is due to any other reason, the cancellation will
always be solved with the mandatory charging of cancellation fees
according to the scale shown above.

10.17. 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

11.1. 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.

11.2. 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

12.1. 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. 10.7. in case the client
  does no 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 accommodation unit booked (House
  rules are available even on the Agency’s web site), and cooperate in
  good will with the service providers.

12.2. 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.

13. INSURANCE

13.1. 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.

13.2. 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.

13.3. To
avoid losing the paid amount in case of booking cancellation, the client
is advised by the Agency to purchase when booking also the cancellation
insurance offered by the Agency.

13.4. The
purchase of the Agency’s cancellation insurance is possible only for
leased services of private accommodation. By purchasing the cancellation
insurance the client is entitled to claim without explanation the refund
of the amount paid for the booking reduced by the amount of the
insurance fee. The insurance fee varies depending on the validity date
of the insurance, as listed below:

• Up to 29 days before the beginning of the booked period, the
  insurance fee amounts 3,90 %.
• Up to 22 days before the beginning of the booked period, the
  insurance fee amounts 5,90 %.
• Up to 15 days before the beginning of the booked period, the
  insurance fee amounts 7,90 %.
• Up to 8 days before the beginning of the booked period, the
  insurance fee amounts 9,90 %.

13.5. If the
client purchased cancellation insurance and upon booking cancellation
the Agency returned him the paid amount reduced by the insurance fee,
when making the next booking of private accommodation services (with a
different service provider), for which the client wants to pay the
insurance as well, he/she has to choose an insurance at least one
category higher than the one purchased for the cancelled booking.

13.6. The
cancellation insurance cannot be purchased in the week prior to the
beginning of the booked period. This service is not mandatory and it can
be purchased only prior to the advance payment (booking confirmation).
Subsequent additional payment of the cancellation insurance is not
possible. The cancellation insurance is not available to clients who
need a visa for entering the Republic of Croatia.

14. COMPLAINTS

14.1. 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.

14.2. 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.

14.3. 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.

14.4. 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.

14.5. 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.).

14.6. 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.

14.7. The
complaint must be submitted by phone, e-mail, SMS or fax. The complaint
cannot be submitted by leaving a message on the answering machine.

14.8. The
Agency is able to receive the client’s complaints every day (including
Saturday, Sunday and holidays) from 8 AM to 10 PM in the high season
(1.5 – 31.8) and from 8 AM to 8 PM during working days in the remaining
part of the year. If the client does not have the possibility to submit
the complaint by e-mail, SMS or fax 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.

14.9. 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.

14.10. 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 within the next two hours. If the Agency does not react within
the period stated above (2 hours), 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.

14.11. If
the complaint is considered valid by the Agency, an additional period of
6 hours is granted the Agency for resolving the complaint by solving the
reason of the complaint. The time between 10 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.

14.12. 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.

14.13. 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.

14.14. 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.) .

14.15. 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 accommodation unit which is subject of
the complaint is located on mainland, the Agency is obliged to offer the
client an alternative accommodation on the same Riviera or the
neighboring Riviera. If the accommodation unit which is subject of the
complaint is located on an island, the Agency is obliged to offer to the
client an alternative accommodation on the same island. As comparison
price will be considered the same price, or lower/higher up to 15 % of
the original accommodation unit. 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.

14.16. 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..

14.17. If
the Agency does not resolve the client’s complaint and does not provide
any alternative accommodation within the given period (6 hours), 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.

14.18. 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.

14.19. 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 Agency grants the client 10% discount
from the price of the alternative accommodation offered. The client is
obliged to pay to the new service provider the full calculated price of
the alternative offer.

14.20. 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.

14.21. 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 in the agreed time limit of eight hours, 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.

14.22. The
client is obliged to submit the complaint in written form (by e-mail,
fax 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.

14.23. 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.

14.24. 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

15.1. 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).

15.2. The
contracting parties agree that the Agency has the right to increase the
price before the beginning of using the accommodation service, in case
that after the booking confirmation the currency exchange rate has
increased more than 5 % or in case of the increase of other expenses
which affect the price of the service, of which the Agency did not know
and could not have known. The client reserves the right to cancel the
booking if the increase of the agreed price is more than 10 %. In that
case the client is entitled to the refund of the amount paid until that
time, but is not entitled to any additional compensation. The money will
be refund to the client’s bank account, the bank charges being borne by
the Agency.

16. COURT JURISDICTION

16.1. 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 Split.

16.2. Everything
not specified in these General Terms and Conditions, is subject to the
laws in force of the Republic of Croatia.

16.3. 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 Okrug Gornji, 01.12.2014