Istriasun.com – General terms
1. General TermsNaron d.o.o. (hereinafter called “the Agency”), guarantees the authenticity of the displayed visual and written data related to the accommodation unit characteristics in its offer available at www.istriasun.com as well as the authenticity of the conditions of the same offer.
2. Offers The agency is under obligation to ensure the accommodation in the reserved accommodation units 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 offer of the Agency the client enters a legal relationship with the Agency, and confirms that he/she accepts the General Terms And Conditions of Accommodation Reservation Service (hereinafter called “General Conditions”), which are presented here. All the details stated in the offer represent legal obligation of the client as well as the agency. The General Conditions represent the basis for settlement of any possible dispute that may arise between the client and the Agency. The client is advised to read the General Conditions carefully prior to any advance payment.
3. Reservations and payment
Inquires and accommodation reservations can be made via e-mail, in writing or in person at any of the Agency’s branch offices as well as at the offices of our partner travel agencies. By confirming a reservation, the Traveller confirms that he/she is aware of the General Terms and conditions of the travel services and fully comprehends and accepts these terms which are binding for both the Traveller and the Agency. The Agency provides the contractor with the appropriate promotional materials or program either in printed form or electronic form, presenting all relevant information regarding the trip, and provides or points out the general terms and conditions of the trip which are a component part of this Agreement, as well as offers a travel insurance package. The Traveller is obligated to provide any information required for the reservation process. A deposit is required depending on the chosen payment method. The balance payment can be paid directly to your host on your arrival day or by credit card or by bank transfer to the account of the Agency or to the account of the Agency partner agencies, at least 21 days prior to the arrival. All banking expenses, as well as any other additional expenses concerning the payment procedure, are taken by the Guest.
4. Sojourn tax
According to the Law on sojourn tax of the Republic of Croatia, the Traveller is obligated to pay the sojourn tax along with his/her accommodation payment. According to the Law on sojourn tax of the Republic of Croatia, the sojourn tax is from 2,00 to 7,00 Kuna per person per day for adults. Adolescents from the age of 12 to 18 (but not after they have turned 18) are entitled to a 50% discount, while children under the age of 12 are exempted from paying the sojourn tax. The total amount of the sojourn tax for a specific reservation is determined by the destination in the Republic of Croatia as well as the accommodation service dates and is charged according to these General Terms simultaneously with the accommodation service final payment. If the reservation destination is in a foreign country, the sojourn tax calculation and payment succumb to the laws of the country in question.
5. Rates
The price of the service includes the basic service as described in the price list for the reserved accommodation unit. Special or extra services are those services which are not included in the base price of the accommodation (marked “Supplement” in the description of the accommodation unit or Price List/Rates or additional services that are available through prior notification and additional payment) and as such are to be paid by the Traveller along with the reservation amount or at the spot, as indicated in our offer. Special and extra services/requests must be requested or announced during the reservation process.
The service rates are stated in Euros, i.e. in Kunas for Croatian passengers. The Agency reserves the right to change the published rates. Travellers who have paid the deposit for a certain reservation are guaranteed by the Agency the accommodation rate listed on the calculation based on which the deposit payment was made. Should rate changes occur prior to the deposit being paid, the Agency is obligated to inform the Traveller of these changes. All involved parties accept that the Agency reserves the right of changing the rates no later than 20 days prior to the beginning of the service if the following occurred after the reservation confirmation: changes in the foreign exchange rate, transportation cost increase, including fuel cost increase or an increase of service fees (at airports, other ports and the like) which directly affect the cost of the trip and of which the Agency was not and could not have known or been aware of, Should the increase in the price of the paid reservation amount to more than 10 %, the Traveller has the right to cancel his/her reservation and is also entitled to a refund without any additional compensation.
The rates listed in our offers and programs are formed according to agreement made with our contractors and do not necessarily match the rates stated on the spot at the accommodation unit in which the Traveller resides. Possible differences in rates cannot be subject to complaint.
Should the number of people arriving to the reserved accommodation unit exceed the number indicated on the travel documents (voucher), the service provider has the right to withhold service to unannounced travellers or accommodate all travellers provided that additional payment for the unannounced travellers is made on the spot.
6. Categorization and service description
The offered accommodation units are described in accordance with the official categorization of the proper authority, as well as the actual state of the unit at the time of its publication. The standards of the accommodation, food, services and the like vary depending on the destination/country and are not subject to comparison. The information provided to the Traveller at the point of sale does not obligate the Agency any more than the information stated on the web pages of www.istriasun.com or in the catalogue or other printed materials of the Agency.
7. Obligations of the Agency
The Agency’s obligation is providing services as well as selecting the service provider while taking into consideration the rights and interests of travellers in accordance with the traditions of the tourism industry. The Agency will fulfil all the abovementioned obligations as described, except in circumstances beyond its control (Article 2) in which the Agency will proceed as stated in Article 14.
8. Obligations of the Traveler
The client is under obligation:
- to possess valid travel documents for each person (including travel documents for children and documents required for pets). The cost of loss or theft of these documents is 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 transit countries. The Agency can not provide service of obtaining a visa for the client, and reserves the right to keep the amount paid if the client could not enter the Republic of Croatia because the necessary documents were not obtained by the client;
- to pay the unsettled amount on the day of arrival directly to the accommodation owner or at the Agency, if that amount has not been paid prior to arrival;
- to present the voucher, in which the correct number of persons and type of services to be provided are stated, to the service provider, on the day of arrival at the accommodation facility;
- to arrive at the accommodation facility with a group of people of an exact number and composition that the Agency was previously notified of. If more people arrive at the accommodation facility 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 request additional payment;
- to notify the agency of bringing any pets at the time of booking in order to obtain the consent of the service provider. The service provider can refuse to provide accommodation service to the client if the pets were not announced at the time of booking;
- to notify the Agency of all the relevant facts that can affect the client’s stay at the reserved accommodation unit (e. g. allergies and illness of the client, physical disability of the client, coming by vehicle of non-standard size, need of bed of non-standard size, special diet conditions if the client chooses half-board or full-board service etc.);
- to obey the house rules of the accommodation unit booked (House rules are available on istriasun.com web site), and cooperate in good will with the service providers.
If the client does not obey the above stated 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.
9. Payment dynamics for private accommodation and agrotourism
The payment can be made by bank transfer (the client bears the bank charges).
The client must make the payment of 50 % of the total reservation amount to confirm the reservation.
The remaining amount can be paid by the client in the following ways:
- in cash, directly to the owner of the accommodation upon the day of arrival
- on the day of arrival at the Agency.
By making the payment of the reservation the client certifies that he/she is completely familiarized with all the details and conditions under which the reservation of the accommodation service is provided. By making the payment all the conditions and terms specified in this contract become legal obligation for both the client and the Agency.
10. The Traveler’s right to changes and cancellations
In the event the Traveller wishes to change or cancel a reservation made according to his/her request, he/she must do so in writing (via e-mail or fax). Changes constitute a change in the number of people or the names of the travellers, the date of the commencement and/or end date of the service and must be made no later than 30 days prior to the beginning date of the service in question. The first reservation change, provided that additional expenses can be avoided, will be performed without any extra charge. For each additional change a fee of 15 Euro per change will be charged. If a reservation change is not possible and the Traveller cancels the confirmed reservation, the cancellation terms stated below apply.
Change of accommodation unit and all other changes made within 30 days before the beginning of the reservation as well as during the reservation will be considered a cancellation.
For fixed confirmed reservations for private accommodation units, the date on which the written cancellation is received (during the Agency’s working hours) represents the basis for the calculation of costs as follows:
- for a reservation cancelled up to 30 days prior to the beginning date of the service 15% of the total amount of the reservation and a minimum of 15 Euro if the total amount of the reservation is under 50 Euro will be charged for a reservation cancelled from 29 to 22 days prior to the beginning date of the service 30% of the total amount of the reservation will be charged for a reservation cancelled from 21 to 15 days prior to the beginning date of the service 60% of the total amount of the reservation will be charged for a reservation cancelled from 14 to 8 days prior to the beginning date of the service 80% of the total amount of the reservation will be charged for a reservation cancelled from 7 to 0 days prior to the beginning date of the service 100% of the total amount of the reservation will be charged
For every cancelled reservation the Agency charges a fee of 25 Euro for handling expenses. In the event the total amount of the reservation is under 50 Euro, the Agency charges a fee of 10 Euro for handling expenses.
In the event the Traveller must cancel a reservation within 7 days before the beginning date of the service, the Agency offers the Traveller the possibility of finding a new Traveller/User for the same reservation if possible (this depends on the service provider). In that case, the Agency will only charge the actual cost of the passenger change. The new reservation holder accepts all the obligations stated in these General Terms and Conditions.
In case of booking cancellation by one or more passengers, while the rest of the passengers uphold the booking, the cancellation fee for the passenger(s) that is/are cancelling is 100%, that is to say the agency retains the full amount of the reservation.
In the event the Traveller does not arrive to the accommodation by midnight on the beginning date of the service, without contacting the Agency or the service provider, the reservation will be cancelled and the corresponding cancellation fees will be charged according to the abovementioned terms.
Should the actual costs of the cancellation exceed the above listed fees, the Agency reserves the right to charge the actual costs.
The Agency is not obligated nor responsible for reimbursing the Traveller for the cost of his/her travel documents or visas relating to the reservations cancelled by the Traveller.
11. Cancellation insurance
Should the Traveller upon confirming a reservation anticipate specific situations which may cause him/her to cancel a trip, the Agency recommends taking out cancellation insurance. Cancellation insurance cannot be paid afterwards, it must be paid during the booking process. Insurance premiums are calculated according to the value of the trip and according to the rates of the insurance company (when it comes to apartment rentals, the amount is calculated by dividing the rental rate with the number of persons in the apartment). Cancellation insurance is only valid in the following situations and with an accompanying written confirmation:
- death accidents resulting in serious physical injuries sudden acute illness, which requires immediate medical attention/care complications during pregnancy intolerance to vaccines which were required by the regulations of the destination country property damage as a result of fire, natural disasters or intentional vandalism by a third party military service/recruitment
12. Travel insurance
The cost of the trip does not include the travel insurance “package”: insurance against accidents and illnesses that may occur during the trip, damage or loss of luggage or voluntary health insurance. When confirming the reservation online, the Traveller has accepter these General Terms and Conditions by selecting a payment method and completing the reservation confirmation process. The same applies to reservations confirmed and completed via e-mail. Should the Traveller request additional insurance, arrangements can be made directly with the insurance company or at the Agency itself wherein the Agency acts only as a mediator.
Please read the insurance Terms and Conditions carefully before purchase.
13. Luggage/baggage
Luggage transport by plane is free of charge provided that it is within the permitted weight limit set by the airline. Any additional luggage will be charged according to the valid rates of the airline. Children, regardless of age, are not entitled to free luggage transport by plane. When travelling by bus each traveller is permitted 2 pieces of personal luggage. Each traveller is responsible for property transported by bus and is also responsible for baggage and luggage when leaving the bus. Accordingly, the Traveller is responsible for lost, damaged and/or stolen property left on the bus unsupervised.
The Agency is not responsible for lost, damaged or stolen luggage, nor for stolen luggage or valuables kept in the accommodation unit (renting a safe if possible or buying an insurance package which would include luggage insurance is recommended). Lost or stolen luggage is to be reported to the accommodation service provider or to the relevant police station.
14. The Agency’s right to changes and cancellations
The Agency reserves the right to make changes of reservations in the event of circumstances which cannot be predicted, avoided or eliminated (see Article 2). A reserved accommodation unit can only be changed with prior notification to the Traveller for an accommodation unit of the same category or of a higher category and at the price at which the Traveller confirmed the reservation. If the replacement accommodation is only possible in a higher-category unit where the price is 15% higher than the price of the paid reservation, the Agency reserves the right to charge the Traveller for the difference in agreement with the Traveller. In the event a replacement accommodation unit cannot be arranged, the Agency reserves the right to cancel the reservation with first notifying the Traveller no later than 7 days prior to the beginning of the service and guarantees a full refund of the paid amount. If the Agency cancels a reservation, the Traveller is not entitled to any compensation from the Agency and the Agency is only obligated to refund the amount paid to the Agency’s account. If an adequate replacement unit is not available on the day of the commencement of the service, the Agency will make an effort to provide the Traveller with information on possible alternative arrangements which are not a part of the Agency’s offer and will refund the Traveller with the full amount paid for the reservation.
15. Handling/filing complaints
The client reserves the right to complain in case of any incorrect photographs and information published on the site, i.e. published inaccurate information regarding the reserved accommodation unit, with exception to the situation when the current condition of the accommodation unit is in favour of the client. The client can also complain about cleanliness and filthiness of the reserved accommodation unit.
The client is not entitled to complain about information advertised on the the Agency website that went unnoticed by the client, or about any facts that he was warned about by the the Agency staff.
The client is not entitled to complain on any other grounds, including bad weather condition, the configuration and the cleanliness of a beach, the cleanliness and equipment of the destination, the cleanliness and the temperature of the sea, any other similar situation or event that may cause client’s dissatisfaction, and is not in relation to the quality of the reserved accommodation unit (e.g. local water supply problem, sewage problem, crowds, theft or damage to personal property, etc.).
Any justified complaint about deficiencies will be resolved on the spot, and if that is not possible, a replacement accommodation unit will be proposed to the client. If the service provider is not able to resolve the reported deficiencies, and the Agency cannot propose any alternative accommodation, the client will get full refund of the amount paid. The bank charges are borne by the Agency. The client is entitled to the refund amount no higher than the amount paid. The client is not entitled to claim compensation of material or non-material damage (such as bank charges for money transfer, telephone bills, gasoline costs, loss of time, stress, psychological damage, etc.).
The complaint can be submitted on the day of arrival at the accommodation unit only. If the client arrives in the accommodation unit after 10 PM, the complaint will be considered only if it is submitted by noon on the following day. Any complaint submitted following the deadline will not be taken into consideration because the authenticity of the complaint is no longer credible.
The Agency reserves the right to a 2 hours time period for responding to the complaint and to an additional period of 6 hours for resolving the complaint if the complaint is justified. The time between 10 pm and 8 am is not included in the stated periods.
The complaint cannot be submitted by SMS, fax or by leaving message on the answering machine of the Agency. It can be submitted by phone only. This way the Agency keeps the audio record of the complaint and each conversation between the client and the Agency for the purpose of complaint resolution. By accepting these General Conditions, the client agrees that he/she is aware of the recording of all conversations with The Agency and is consent that the records can be used as a material proof in court if a legal action has to be taken.
The complaint can be submitted to the Agency every day (including Saturday, Sunday and holidays) from 8 AM to 10 PM. If the client does not have a mobile phone at disposal, the contact with the Agency can be made 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 to reach the Agency personnel, because any complaint submitted out the stated hours will not be taken into consideration.
Once the Agency receives the client’s complaint it will immediately undertake all the necessary action to resolve the complaint. The Agency will then verify the complaint circumstances (by contacting the service provider first) and will determine the validity of complaint within the next two hours. If the Agency does not respond within the period stated above (2 hours) the client claims the right to leave the accommodation unit. The agency is under obligation 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, an additional period of 6 hours is required for resolution of the complaint. The client is under obligation to cooperate in good will with the Agency representative and the service provider to resolve the problem. If the client does not accept the proposed resolution adequate to the service reserved and paid, the Agency will not take any complaint subsequently submitted and is under no obligation to respond to it.
If the valid complaint cannot be properly resolved, the Agency is under obligation to find an alternative accommodation.
The criteria for comparison of the reserved accommodation unit and the alternative accommodation unit are the location and the price advertised on the Agency website. If the accommodation unit reserved is located on shore, the agency is under obligation to offer the client an alternative accommodation in the same Riviera or in the Riviera nearby. If the accommodation unit reserved is located on island, the Agency is under obligation to offer the client an alternative accommodation on the same island. The price of the alternative accommodation unit will be considered the same if it is equal to, or lower/higher up to 15 % of the reserved accommodation unit price. If the alternative accommodation price is lower than the reserved accommodation price the client is entitled to refund of the price difference. If the alternative accommodation price is higher than the reserved accommodation price, the price difference will be borne by the Agency.
If the client does not accept the alternative accommodation (of equivalent location and price), the Agency will not take into consideration any complaint subsequently submitted and is under no obligation to respond to it. By accepting the alternative accommodation, the client waives all rights to claim a refund of the amount paid for the reserved accommodation unit.
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 reserves the right to leave the reserved accommodation unit. The Agency is then under obligation 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 a possibility to accept the decision and remain in the reserved accommodation unit on the previously defined terms and conditions, or request an alternative accommodation from the Agency in which case the client is under obligation to pay the full amount of the accommodation directly to the service provider. By deciding to remain in the reserved accommodation unit the client waives the right to claim a refund of the paid amount of money. If the client does not accept the decision of the Agency and wants to claim a refund of the paid amount of money, the client is not entitled to remain in the reserved accommodation. The client is under obligation to submit the complaint in written form (by e-mail, fax or mail) within seven days from the end of the booked period. Complaint submitted after the deadline or incomplete complaint (no photographs, missing information from reliable source etc.) will not be taken into consideration.
The Agency is under obligation to issue a written answer to the duly submitted complaint within seven days after the complaint was submitted. The Agency has a right to extend this period for 14 more days the most to gather information and verify the complaint details with the service provider.
Until the answer is being issued, 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 obey this regulation and thus breaches the procedure, the Agency reserves the right to claim compensation of damage caused by such an action on the client’s side regardless of the grounds of the complaint.
If the client is not satisfied with the current provided service and therefore decides to leave the accommodation unit and individually finds an alternative accommodation without informing the Agency or without waiting for the complaint to be resolved or an alternative accommodation to be provided within the settled period of eight hours the client is not entitled to a refund of the amount paid or to claim compensation, regardless of the validity of the complaint.
16. Personal information security
The Traveller provides personal information of his/her own free will. Personal information is required for processing requested services. The same information shall be used for inter-communication. The Agency is under obligation that the personal information of the Traveller will not be taken out of the country or given to a third party except for the purpose of carrying out requested services. The exception of passing on personal information to third parties refers to cancellation insurance or insurance against accidents and illness, insurance of lost luggage and health insurance for the duration of the trip both locally and abroad. Should the Traveller request insurance, the personal information of the Traveller will be passed on to the insurance company. The personal information will be kept in a database in accordance with the Management’s decision on the method used for collecting, processing and securing personal information. With the acceptance of these General Terms, the Traveller gives permission for his/her personal information to be used for promotional offers of the Agency.
17. Note
Putting down a deposit, in other words, payment in full signifies that the Traveller fully comprehends and accepts the aforementioned terms.
These General Terms and travel regulations override all former terms and travel regulations.
18. Discounts
In the event of simultaneous offers, discounts cannot be combined. Discounts do not apply to last minute offers.
19. Court jurisdiction
The Traveller and the Agency will aim to settle possible law suits in the application of this Agreement and if an agreement cannot be reached the issue will become subject to the decision of the Pula Court jurisdiction, under the authority of the laws of the Republic of Croatia.
Pula, 01.10.2012.