TERMS AND CONDITIONS OF CROATIA TOURS MAKARSKA d.o.o.
CROATIA TOURS MAKARSKA d.o.o. is a travel agency (hereinafter: CROATIA TOURS) that performs mediation, presentation, sales and other specialized agency work in the rental of private real estate, such as: for example: villas, holiday homes and apartments with or without swimming pools. CROATIA TOURS concludes agency contracts for the provision of accommodation services directly with renters in order to provide their guests with the highest level of service. All advertised properties are under contract with CROATIA TOURS and all have permits issued by competent state authorities. All listed photos, descriptions and private property information are correct.
The rental agreement that you enter into with CROATIA TOURS as an intermediary is actually concluded by you as the lessee (hereinafter: guest) with the owner of the holiday villa (hereinafter: real estate) as lessor (hereinafter: owner). CROATIA TOURS acts exclusively as an agent and is only responsible as an agent. By paying the advance payment for the reservation of the selected property at the desired date, you unconditionally accept these General Terms and Conditions. CROATIA TOURS reserves the right to change these General Terms and Conditions, which will be published on the CROATIA TOURS website: www.croatiatours-villas.com which will take effect on the day of publication. After CROATIA TOURS receives the advance payment of the reservation, it sends the guest a written confirmation of the reservation of the object (hereinafter: confirmation) which contains the exact location of the property. Written confirmation of the reservation in addition to these General Terms and Conditions concludes the rental agreement between the guest as lessee and the owner as lessor. The guest must be at least 18 years old on the day of booking the villa.
3. PRICES AND PAYMENT
Unless otherwise stated, all prices are in euros per facility per day. The reservation is binding and an advance payment of 10% of the agreed accommodation price is required when making the reservation. Then the reservation is confirmed, a contract is concluded with the owner and these general conditions are accepted, which are an integral part of the rental contract. After the completion of the reservation and payment process, CROATIA TOURS sends a written confirmation of the reservation by e-mail, which contains all the necessary information about the accommodation and, together with these General Terms and Conditions, forms a rental agreement concluded with the owner through the CROATIA TOURS agency. The rental agreement is considered concluded at the moment when CROATIA TOURS receives the advance payment. In the event that the payment is not made within 3 (three) days from the day of the reservation, the rental agreement is considered terminated and CROATIA TOURS has the right to conclude a new rental agreement with another guest without special notification to the guest. The costs of water, gas, electricity and internet, as well as bed linen, towels, tea towels, final cleaning of the interior, maintenance of the pool and outdoor area, residence registration and residence tax, and VAT are included in the rent. price of accommodation. Accepted payment methods for prepayment are credit cards (Master Card, Visa and Maestro) and bank transfer. The amount debited from our credit card is in euros (EUR). If your credit card contains a different currency, the company that issued your credit card will convert it to euros. Due to this change, there may be minor differences between the price displayed on our website and the price charged to your credit card. After the reservation has been made, the guest has 24 hours to cancel the reservation without paying a fee. When paying by bank transfer, the debit is made in euros and there is no possibility of exchange rate differences. CROATIA TOURS is not responsible for exchange rate differences or fees charged by other banking institutions. For the final payment (90% of the agreed accommodation price), the same payment methods as advance payments are allowed. Payment by credit card and bank transfer must be made no later than 42 days before arrival at the accommodation so that CROATIA TOURS has enough time to forward the payment to the owner. Upon receipt of the final payment, CROATIA TOURS will send a written confirmation by e-mail with all the necessary contact information and the names and ages of all passengers. In case of cancellation of the reservation, all payments to CROATIA TOURS are non-refundable, as CROATIA TOURS forwards the payments to the owners in accordance with the agreement with the owners. We recommend that the guest contact their own insurance company for travel insurance that covers the risk of trip cancellation.
3.1. Reservations made 42 or more days before the start of the rental period
For reservations made 42 or more days before the start of the rental period, the following conditions apply: a) An advance payment of 10% of the total agreed accommodation price must be received by CROATIA TOURS within 2 (two) days from the day of payment if bank transfer is selected transfer. If the payment method by credit card is selected, an advance payment of 10% of the total agreed accommodation price is due IMMEDIATELY. b) The balance of 90% of the total contracted accommodation price must be paid no later than 42 (forty-two) days before the start of the rental if payment is made by credit card or bank transfer. If payment in cash is chosen (in facilities where this option is allowed, indicated on the CROATIA TOURS website), the remaining 90% is due and paid immediately upon the guest’s arrival, and the rest is paid immediately directly to the owner. There is no possibility of electronic payment (card) in the facility.
3.2. Reservations made 42 or less days before the start of the rental period
For reservations made 42 or less days before the start of the rental period, the following conditions apply: a) The total rental amount is due IMMEDIATELY for payment by credit card and bank transfer. b) In the event that the guest decides to pay part of the agreed accommodation price in cash (for facilities where this option is allowed, indicated on the CROATIA TOURS website), a 10% advance payment will be made from the agreed total price. the accommodation price is due IMMEDIATELY, and the rest of 90% is due immediately upon the guest’s arrival, and the guest is obliged to pay the rest immediately directly to the owner. There is no possibility of electronic payment (card) in the facility.
3.3. Non-compliance with payment deadlines
The guest is obliged to make payments within the deadline and in the manner described in this point of the General Terms and Conditions. If the Guest does not respect the given deadlines, such behavior will be considered a serious breach of contractual obligations and the rental agreement will be considered terminated without prior notice, and CROATIA TOURS will not be obliged to inform the Guest about this. CROATIA TOURS is not obligated, but in accordance with its business policy since 2014, in order to express special gratitude to the guests, if possible, we can send the guest a message reminding them of the payment obligation with an appropriate deadline for fulfillment before the termination of the contract. The payment made to CROATIA TOURS will not be returned to the guest after the termination of the contract.
4. CANCELLATION AND CHANGES
The concluded rental agreement can only be terminated in writing (by e-mail). Cancellation is effective only from the day CROATIA TOURS receives such cancellation notice and only under the terms of this clause. In the event of termination of the rental agreement, all payments received will remain until the date of termination and the guest will not be entitled to a refund. CROATIA TOURS recommends guests to take out their own travel insurance that covers the risk of trip cancellation. If the guest can find another guest as a replacement within the same period, at the same price and under the same conditions, CROATIA TOURS will transfer the rental contract to the new guest immediately after receiving all the necessary information about the new guest in written form, and it will be sent to him/her written confirmation of this. CROATIA TOURS retains the already received amounts of the accommodation price according to the assigned contract, and the new guest is obliged to pay the remaining amount up to the total price of the accommodation depending on the previously selected payment method that is part of the contract. Additional changes to the property are not possible and all payments received remain withheld, since CROATIA TOURS as an intermediary has an agency agreement on the provision of accommodation services with the owners of various natural and legal persons, and invoicing is issued per reservation, a fee is paid and the money is paid to the owner. In case the property is not available for rent due to force majeure such as earthquake, flood, fire, etc. CROATIA TOURS and the owner are not responsible for canceled reservations. If possible, the guest will be offered alternative accommodation or a refund of the money paid until then.
5. START OF THE LEASE
The time of arrival and departure stated in the confirmation is immutable and the guest must adhere to it. The confirmation contains information about the time when the property is ready for arrival. In case of early arrival, the guest cannot take over the accommodation before the arrival time specified in the confirmation. The keys must be with the owner or the owner of the key located in the building. The keys will only be handed over when the full rental price is paid. Check-out from the accommodation must always be no later than 10 o’clock on the day of departure. The guest is obliged to return the keys to the owner or owner of the key. In case of later departure than agreed, the Guest is obliged to pay the Owner all additional costs incurred by the Owner, and the Owner will charge them directly to the Guest on the spot.
6.1. Number of guests
The number of persons accommodated in the accommodation and associated premises may not at any time be greater than that specified in the confirmation. This number of people includes children, regardless of their age. Children up to one year old are excluded in case of announcement of arrival. At the guest’s request, the number of people can be increased up to the maximum capacity no later than 3 (three) days before arrival. The requested change of guest number must be sent in writing by email directly to CROATIA TOURS email@example.com. After the start of the rental contract, the guest is obliged to announce in advance all visitors who will visit him. The total number of people on or around the property, including guests and visitors must not exceed the maximum number of guests allowed without special permission from the owner. If more people than the maximum allowed number remain in the facility or in the possession of the facility without the permission of the owner, the owner and/or CROATIA TOURS reserve the right to terminate the valid rental agreement without prior notice. The guest is obliged to do so and permanently leave the accommodation together with all persons staying in it within 2 (two) hours and has no right to demand a refund of the amount paid for the accommodation from the owner or CROATIA TOURS.
6.2. Youth groups
If the guests are under 25 years of age, they must immediately inform CROATIA TOURS of the exact number of guests and their age when making the reservation. In this case, an additional deposit may be required to insure the property against damage. CROATIA TOURS and the owner reserve the right to refuse groups of guests under the age of 25 if CROATIA TOURS has not been informed of their arrival, in which case the guests will not be entitled to a refund of the accommodation price paid.
The permit for keeping pets must be marked on the pages of CROATIA TOURS near each accommodation, where pets are allowed under special conditions provided for each accommodation. This must be stated on the website. Any additional charge for pet cleaning costs must be clearly stated on the website near the property. During the reservation process, the guest is required to specify the number of pets and the additional cleaning fee (if applicable) for pets will automatically be added to the rental total. It is not allowed to keep more pets than the number indicated on the certificate. If the guest wants to bring more than 2 (two) pets, it is necessary to additionally contact CROATIA TOURS. It is not allowed to keep more than 2 (two) pets in one accommodation without written approval. Pet owners are responsible for cleaning up pet waste after their pet and pets are not allowed to sit on furniture at any time. Any trace of a pet’s presence on the furniture can lead to additional cleaning costs. All pets must be vaccinated against rabies and all other diseases in accordance with current regulations. Guests are advised to take appropriate preventive measures to protect their pets from common diseases. Keeping pets in the accommodation is the sole responsibility of the guest. The owners and CROATIA TOURS do not assume responsibility for possible illnesses or injuries that pets may suffer during their stay. The entry of pets into the swimming pools is strictly prohibited. Some accommodations do not allow pets. However, neither the owner nor CROATIA TOURS can guarantee that there were no pets in the house before or that the owner has no pets. CROATIA TOURS assumes no responsibility for allergic reactions of guests that may occur in any facility. If the guest brings a pet that has not been announced, the owner and/or CROATIA TOURS reserve the right to immediately terminate the valid rental agreement without prior notice, and the guest is obliged to permanently leave the accommodation within 2 (two) hours with all persons staying there and has no right demand a refund of the paid accommodation price from the owner or CROATIA TOURS.
6.4. Newly built real estate
When reserving newly built plots, the guest must be aware that it may happen that there is not enough time in the garden for the growth of grass, plants, flowers or other horticulture. Also, there is a possibility that the interior furniture and equipment may differ from the photos in the event that 3D photos were provided during the reservation.
There is a possibility that guests may suddenly hear noise in the area of the facility caused by construction, traffic or the like. Neither the owner nor CROATIA TOURS can be held responsible for the mentioned noise. If guests disrupt public order and peace with noise and jokes and do not calm down after a warning, this can be considered a more serious violation of the terms of the rental agreement. In this case, the owner and/or CROATIA TOURS has the right to terminate the lease. Termination of the contract takes effect immediately without prior notice, and the guest is obliged to leave the accommodation together with all persons staying in it within 2 (two) hours and has no right to request a refund of the paid accommodation price from the owner or CROATIA TOURS.
6.6. Swimming pools and whirlpools
The guest is obliged to follow all instructions related to the use of the pool given by the owner or CROATIA TOURS for safety reasons. The guest is responsible in all respects for the use of the pool. Children are not allowed in the pool area without adult supervision. The guest uses the pool at his own risk. If the accommodation is booked outside the summer season, the pool cannot be used. You should consider that the use of hot tubs involves certain health risks and that you use them at your own risk. The water in the hot tubs must not be warm until late in the evening on the day of the guest’s arrival. It is forbidden to stand on the covers of the hydromassage tub. The covers are for insulation, they are not designed or adapted to support a person’s weight and can break easily. If the cover breaks, the guest is obliged to compensate the damage directly to the owner.
6.7. House rules
Each accommodation has its own house rules, which are displayed in a visible place and available to the guest. Guests are obliged to follow the house rules. If the guests do not comply with the house rules, this can be considered a serious violation of the terms of the rental agreement. In this case, the owner and/or CROATIA TOURS have the right to terminate the rental agreement, which takes effect immediately, without prior notice. The guest is obliged to permanently leave the accommodation with all persons staying there within 2 (two) hours. He has no right to request a refund of the paid accommodation price from the owner or from CROATIA TOURS.
The guest is obliged to behave responsibly towards the rented property with appropriate consideration. The guest is obliged to return the property in the condition in which he received it. The guest is responsible directly to the owner for the damage caused. If the deposit does not cover the damage, the guest is obliged to pay the difference up to the total damage directly to the owner. Deliberate damage to property or disturbance of public order and peace is considered a more serious violation of the terms of the rental agreement. In this case, the owner and/or CROATIA TOURS have the right to terminate the rental agreement, which takes effect immediately, without prior notice. The guest is obliged to permanently leave the accommodation together with all persons staying in it within 2 (two) hours, and has no right to request a refund of the paid accommodation price from the owner or CROATIA TOURS. The guest is obliged to immediately notify the owner of any damage to the property or in the area around the property during the rental period. When the guest leaves, and before returning the keys, the guest is obliged to check the accommodation and the surroundings with the owner. If no damage has occurred, the Owner is obliged to return the deposit from point 8 of these Terms and Conditions to the Guest. It may also be considered that any damage caused by a particularly poor condition in which the Guest returned the Property to the Owner will require additional cleaning, and the Owner will be entitled to use a security deposit to cover this damage or an immediate payment request. CROATIA TOURS is not responsible for damage caused by the owner or guest if they do not want to return the deposit. All possible disputes between the owner and the guest will be resolved by themselves without CROATIA TOURS.
8. DAMAGE DEPOSIT
When arriving at the accommodation, the guest is obliged to leave a deposit in cash for possible damage insurance. The deposit that the guest must pay to the owner upon arrival must be specified in the written confirmation of the reservation. The deposit serves the owner as insurance for property damage, and the owner has the right to settle the damage from the deposit. If the damage is greater than the deposited amount, the guest is obliged to compensate the owner for the entire amount of the damage. If the property is not damaged, the owner is obliged to return the deposited amount to the guest when picking up the keys upon the guest’s departure.
9. ADDITIONAL SERVICES
The use of the telephone is not included in the accommodation price, but can be arranged directly with the owner if possible. The method of calculating telephone usage is subject to agreement between the Guest and the Renter. If the use of the telephone is contracted as an additional service, the Owner has the right to require the Guest to pay a larger deposit according to point 8 of these Terms and Conditions than the deposit specified in the confirmation.
9.2. Other additional services
If the guest has special requests that are not included in the room price (such as a cook, waiter, special food, etc.), they will be fulfilled by the owner or a third party, if possible. Additional services must be announced in advance by e-mail so that they can be performed as efficiently as possible, if possible. CROATIA TOURS does not provide or charge for additional services, but only helps in their organization, and CROATIA TOURS cannot be responsible for the quality of third party services.
10. DAMAGES, COMPLAINTS AND REMEDIES
If, when taking over the property, the guest notices inadequate cleaning, damage or other irregularities on the property or has any other complaints, he is obliged to file a complaint immediately, and no later than within 24 hours. Complaints related to cleaning are given immediately. The objection is submitted directly to the owner or his authorized representative. If the complaint is not resolved satisfactorily for the Guest, the Guest must contact CROATIA TOURS directly by phone or e-mail in order to resolve the complaint in a satisfactory manner. Written complaints are sent to the e-mail address: firstname.lastname@example.org. The guest’s obligation is to try to avoid the occurrence of damage or its prolongation and to try to reduce losses for the owner. In case of submitting a complaint, the Guest is obliged to give the Owner an appropriate deadline for resolving the complaint. CROATIA TOURS checked the condition of the property when concluding the contract with the owner and is not responsible for any additional deviations from the information provided on the website. The departure of the guest from the accommodation before the end of the stipulated rental period and without prior notice and agreement with CROATIA TOURS is at the risk and expense of the guest and CROATIA TOURS assumes no responsibility. If the guest does not leave the owner an appropriate deadline for eliminating irregularities related to repairing the damage or moving to another property, he loses the right to do so and in that case he cannot terminate the concluded rental agreement. The owner is liable to the guest only for possible direct damage to things. Neither CROATIA TOURS nor the owner can be held responsible for any form of non-material damage in the form of violation of personal rights.
11. CHARACTERISTICS OF TECHNICAL EQUIPMENT
The facilities contain all the necessary appliances, technical devices and other amenities that guarantee a pleasant stay for the guest. The owner is obliged to ensure the correct operation of all devices in the accommodation. In the event of a breakdown or failure of any equipment, the Guest is obliged to inform the Owner and/or CROATIA TOURS of the situation, so that CROATIA TOURS requests the Owner to organize repairs and eliminate the defect as quickly as possible. The owner is obliged to correct the reported error within an appropriate period. The owner is directly responsible to the guest for errors, and CROATIA TOURS will do its best to repair or eliminate errors or other irregularities as soon as possible.
12. CROATIA TOURS AS AN AGENT
CROATIA TOURS is a travel agency that provides real estate rental agency services based on an agency contract concluded with the owners for the provision of accommodation services and is not their owner. In the contract with CROATIA TOURS, the owner undertakes to provide true and complete information about the property and therefore assumes full responsibility towards the guest. Contrary to the expectations of CROATIA TOURS, the accommodation reservation cannot be made for reasons beyond the control of CROATIA TOURS, such as: due to sale by court order or due to serious breach of contract by the owner or similar, CROATIA TOURS has the right to cancel the reservation and the contracted amount that the guest has already paid will be immediately returned to him. Alternatively, based on the Guest’s selection, CROATIA TOURS can offer the Guest another, similar accommodation at the same price.
13. GOOD DEED
In the event that the concluded rental agreement cannot be fulfilled or its fulfillment is significantly more difficult due to an unforeseeable event (e.g. war, natural disaster, environmental disaster, epidemic, border closure, strike and similar force majeure) at the time of concluding the rental agreement, CROATIA TOURS and the owner can terminate the rental agreement, since neither CROATIA TOURS nor the owner can be held responsible in the above cases.
14. FINAL DIRECTIVES AND JURISDICTION
CROATIA TOURS is not responsible for photographic and printing errors in the written confirmation. CROATIA TOURS transmits all information about real estate on the website and strives to provide the most accurate and up-to-date information it collects from owners. The owner is solely responsible for providing accurate and complete information about the property, and CROATIA TOURS cannot be held responsible for inaccurate, incomplete or false information. Any commercial use of the information published on the website www.croatiatours-villas.com, including partial or complete reproduction, constitutes a violation of copyright and is prohibited by law. In case of violation of any provision of this rental agreement, the owner (after consultation with CROATIA TOURS) and/or CROATIA TOURS are obliged to terminate the valid rental agreement without prior notice, and the guest is obliged to leave the property permanently within 2 (two) hours together with all persons staying there and has no right to request a refund of the paid accommodation price from the owner or CROATIA TOURS. These General Terms and Conditions were drawn up in the Croatian language and translated into German, English and Italian. In case of doubt regarding the interpretation of certain terms in the translation of these General Conditions, the original in the Croatian language is binding. The parties will try to resolve all possible disputes by agreement. In the event of a dispute, the parties agree on the jurisdiction of the competent court in Makarska and the application of Croatian law.
Last update on 10 December 2021
Croatia Tours Makarska d.o.o.
Obala Kralja Tomislava br. 2
Tomislav Mihaljević, CEO