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General terms and conditions - private apartments

1. General Terms

These General Terms and travel regulations are a component part of the Agreement, in other words the voucher, between T.O. Lotos Tours., Ul. Franje Tuđmana 153, 23 206 Sukošan (hereinafter: the Agency) and the travel contractor (hereinafter: the Traveller). All the information and terms in the program and these General Terms are binding for both the Agency and the Traveller unless otherwise determined by the Agreement.


2. Offers

The Agency ensures services according to the information published and valid at the time of the reservation confirmation, and according to the description and travel period in accordance with confirmed reservations except in circumstances beyond our control; illness of the service provider or his/her immediate family; outstanding circumstances which cannot be foreseen nor eliminated such as natural catastrophes (earthquakes, floods, fires, droughts); wars, strike, terrorist actions and limitations issued by the government (mobilisation, country exit ban).

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, while the balance payment must be made no later than 21 days prior to the beginning of the service, unless otherwise specified by the terms and conditions (with the exception of payment in instalments), with which the Traveller was introduced while confirming the reservation. Note for credit card payment - the credit card will be charged in the amount stated in Kuna according to the selling foreign exchange rate of Hypo Alpe Adria bank on the charge date. Differences and fluctuations between the exchange courses of Hypo Alpe Adria bank (our bank) and the Guest's credit card company are possible. 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 "on request" 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 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.
Obligations of the Traveler
The Traveler is obligated to:
have valid travel documentation
respect and abide by all customs and foreign exchange regulations of the destination country
respect and abide by all customs and foreign exchange regulations as well as the laws and other regulations of the Republic of Croatia as well as other countries through which he/she passes through or resides in. In the event the Traveller is unable to continue the trip as a result of being in direct violation of these regulations, the Traveller is responsible for all related expenses
have confirmation and documentation for vaccination against diseases as required by certain countries
abide by house rules of the accommodation units as well as cooperate with the service providers in a well-intentioned manner
upon arriving at the destination, present the service provider with the document proving the paid service (voucher received via e-mail)
enquire whether or not he/she requires a visa for the destination country as well as neighbouring countries
If the Traveller does not follow these regulations, he/she will be held responsible for any expenses or damages. By confirming a reservation, the Traveller has agreed to compensate the service provider on the spot for any potential damages caused by his/her own negligence.
Payment dynamics for private accommodation and agrotourism
30% of the accommodation cost in accordance with the confirmed inquiry
70% of the accommodation cost no later than 21 days prior to the beginning of the service
100% of the total price in accordance with the confirmed inquiry (obligatory if the arrival date is in less than 21 days)

8. 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 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.

9. 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:
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
Should the Traveller not have cancellation insurance and is unable to travel and possesses written confirmation for one of the above mentioned situations the Agency reserves the right to refund the Traveller according to the cancellation terms listed in Article 10 of this Agreement. In the event of a reservation cancellation, visa application costs and other travel document costs are non-refundable even if the Traveller has cancellation insurance. If the Traveller has a cancellation insurance policy, the Traveller must file all claims with the insurance company which issued the policy, while the Agency is obligated to provide all necessary documentation relating to the claim and the reservation in question. All other insurance terms and conditions are enclosed with the policy and the Agency recommends that travellers read them personally.

10. 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.

9. 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.

11. 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.

12. Handling/filing complaints
If the quality of the services provided is below-standard, the Traveller can request compensation by filing a complaint in writing. Every Traveller is entitled to file a complaint if the paid services were not provided. Each traveller - reservation holder must file a complaint separately.
The Traveller is obligated to file a complaint on the day of his/her arrival at the location of the service provider (receptionist or accommodation unit owner and the like) and to inform the Agency office in Sukošan either by email at info@lotos-croatia.com or by phone at +385 23394 636. The Traveller is obligated to cooperate with the Agency representative as well as with the service provider in a well-intentioned manner so that the cause of the complaint can be resolved. Should the Traveller accept the proposed solution which corresponds with the service rendered on the spot, the Agency is not obligated to take additional complaints into consideration
If the problem is not resolved on the spot following an intervention, the Traveller is obligated to submit a written complaint along with supporting documents as well as any photographs to support the complaint to the agency by e-mail at info@lotos-croatia.com or to the following address T.O. Lotos Tours, Ul. Franje Tuđmana 153 23 206 Sukošan, no later than 8 days following the return of the Traveller from his/her trip. The Agency shall only take into consideration fully documented complaints which are received within the 8-day deadline.
Until a decision has been made by the Agency, in other words for the duration of the 14/28 days after the complaint has been filed, the Traveller relinquishes the right to involve a third party, the arbitration of the UHPA or other institutions, publicly disclosing information as well as filing suit. The highest amount of compensation per complaint can amount to the complaint portion of the service and cannot encompass the used portion of the service or the total amount of the service. This excludes the Traveller's right to be compensated for ideal damages.
The Agency cannot be held responsible for climate conditions, cleanliness, and the temperature of the sea, nor for other similar situations and events which can result in the dissatisfaction of travellers and are not a direct result of the accommodation unit (for example lack of snow, bad weather, improperly maintained slopes or beaches, crowds, lost or stolen property and the like).
If the Traveller has signed an Agreement for an organized trip as a "last minute reservation" (travelling at the last minute), the Traveller accepts all of the risks associated with that category which contains uncertain facts which the Agency cannot influence. The Traveller primarily agrees to the category in question due to the affordable rates/offers and as such is not entitled to any complaints against the Agency.

13. 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.

14. 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.

15.  Discounts
In the event of simultaneous offers, discounts cannot be combined. Discounts do not apply to last minute offers.

16. 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 Zadar Court jurisdiction, under the authority of the laws of the Republic of Croatia.

Sukošan, 17.05.2010




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