These „General agency terms and conditions of the company “Anna Tours”, have been published on the website www.annatours.hr and the company Anna Tours d.o.o. reserves the right to change them (hereinafter: Terms and conditions).
The company Anna Tours d.o.o. Primorska cesta (Hotel Jadran), 51512 Njivice, Croatia, Personal Identification Number (OIB): 83825420203, hereby concludes a contract for the provision of accommodation, together with the guest accommodation facility’s owner (hereinafter: lessor) as the lessor and accommodation seeker as the lessee (hereinafter: guest). The company’s role (hereinafter: agency) in this legal transaction is solely the role of an agent and it can therefore only be held liable as such.
The terms and conditions are an integral part of the contractual relation between the agency and the leased unit’s guest, wherein the individual relation of the agency - guest can vary in part according to the individual contractual relations of the agency - lessor, which can imply differences based on the agency’s legal liability.
Agency - lessor relation’s Terms and conditions have been broadly defined in the “Anna Tours company’s cooperation models”, which are delivered to potential clients, i.e., lessors upon request. The contractual relation between the agency and the lessor who shall become a client of the agency, with regard to the provision of guests’ accommodation, is the subject-matter of a certain contract with every single lessor.
1. THE CONTENT OF THE AGENCY’S OFFER
The agency ensures that the service is provided to the guest according to the information published on the website www.annatours.hr, which is valid on the date of booking confirmation, and based on the description and date which are in accordance with the confirmed reservation, except in case of force majeure (such as e.g., the sickness or death of the service provider or his family nucleus) and extraordinary circumstances (that cannot be foreseen or eliminated, e.g., natural disasters such as earthquakes, floods, sanitary disorders, fires, droughts, wars, strikes, terrorist actions and restrictions issued by the government such as mobilisation, prohibition of exiting the state).
2. INQUIRIES AND BOOKING
Inquiries for booking the accommodation capacities shall be received primarily electronically or by phone while booking them is possible solely electronically or in person in the agency’s office.
While creating an accommodation booking request, the guest confirms that he/she is acquainted with the Terms and conditions, that he has read them carefully and accepts them in their entirety. Everything stated in the Terms and conditions represents a legal commitment for the guest and agency.
The agency makes the corresponding material electronically available to the guest (at the website - www.annatours.hr), thus presenting him with all relevant information regarding the booked service and makes reference to the Terms and conditions that are a part of that legal relation.
The guest shall provide all data required by the booking process.
In order for the booking to be valid, the guest must pay an advance payment within 24 hours after the inquiry or the booking shall be removed, while the agency withholds the right to subsequently offer that time slot for sale. The advance payment amounts to 40% of the total lease amount for a certain accommodation unit in the chosen time period. By depositing the advance payment, the guest shall be deemed to be acquainted with the Terms and conditions and that he unconditionally accepts them in their entirety.
In case the guest cancels the booking, the agency shall not refund the deposited advance payment.
The remaining amount of 60% of the total lease amount for a certain accommodation unit is paid for the remaining 60% of the total lease amount, which the guest shall settle within three weeks (21 days) prior to arriving at his destination, i.e., three weeks (21 days) prior to the first day of the time slot for which a certain unit has been booked. In case the guest does not pay the remaining lease amount (the remaining amount after the advance payment) prior to arriving at his destination within the given deadline, the agency withholds the right to cancel the booking after following prior notification to the guest.
After receiving the deposited advance payment, the agency shall send a written booking confirmation (Voucher) to the guest containing all necessary information regarding the booked accommodation. A written booking confirmation that was e-mailed, together with the Terms and conditions published on the website www.annatours.hr, constitutes a lease contract between the guest and lessor.
The lease contract is voidable in case the whole remaining lease amount is not received within the given three weeks (21 days) deadline prior to arriving at the destination, i.e., three weeks (21 days) prior to the first day of the time slot for which a certain unit has been booked. The remaining amount shall be paid by bank transfer to the agency’s account and only in exceptional circumstances, the guest shall settle the remaining total amount in cash on the date of arrival, directly to the lessor, i.e., in the agency.
In case the booking payment is made within the three weeks (21 days) period prior to arriving at the destination, i.e., three weeks (21 days) prior to the first day of the time slot for which a certain unit has been booked - the possibility of paying the deposit shall not be offered, but rather the total amount should be paid within 24 hours after the inquiry.
The written booking confirmation (Voucher), contains the following data:
• the start and the end date of the booking period, i.e., the lease of a certain unit,
• the specified time when it is possible for the guest to arrive at the leased accommodation capacity,
• the specified time of the guest’s departure from the leased accommodation capacity,
• the address of the accommodation,
• the price of lease per day for the chosen lease time period,
• the number of persons for whom the booking of a certain unit is made,
• the service specification included in the price of the leased accommodation capacity,
• the amount paid in advance,
• the remaining amount of 60% and the date until which the amount has to be paid,
• the specification of additional expenses:
the sojourn tax (in case the lessor is not a flat-rate taxable person obliged to pay the tax)
one-time check-in per guest 3.00 EUR, i.e., 22.00 HRK,
pets (the amount varies for each unit),
final cleaning (the amount varies for each unit),
security deposit in case damage to the unit or the unit’s inventory occurs (the amount varies for each unit),
The written booking confirmation (voucher) shall be received by the guest via e-mail after the advance payment deposit and the remaining total amount deposit have been received.
3. TIME OF ARRIVAL AND DEPARTURE OF THE GUEST
The guest has the possibility of arriving at the booked accommodation capacity unit on the start date of the booking period, at the time stated in the voucher. If the guest will arrive after 19:00 h, it is necessary to announce it in advance.
The guest shall leave the leased unit on the end date of the booking period stated in the voucher until 10 o’clock.
Should the guest depart later than the above mentioned, he/she shall settle all additional costs incurred in that time period.
In case more people than the number stated on the documentation (voucher) arrive at the booked accommodation, the lessor has the right to refuse service to unannounced guests or accept all guests, along with an extra charge for the unannounced guests. The accommodation unit’s lessor withholds the right to refuse the booked service to the guest in case the guest brings a pet to the accommodation without prior notification to the agency or the lessor. In mentioned cases, the agency is under no obligation to take the guest’s objections about the quality of booked accommodation and/or services into account.
The handover of the keys shall take place upon the guest’s arrival at the agency or the accommodation unit.
4. GUEST’S OBLIGATIONS
The guest shall:
• hold valid travel documents,
• comply with customs and exchange legislation of the destination state,
• observe the house rules in accommodation units and cooperate in good faith with the service providers,
• upon arriving at the destination, give the voucher with an exact number of persons and type of services that are to be provided to the service provider. (Voucher received by e-mail) ,
• the traveller shall check whether a visa is necessary to enter the destination state or neighbouring states
The guest shall leave the accommodation unit in the exact same state in which the unit was handed over to him for use based on the lease contract. He/she shall clean the unit before departing, regardless of the status of the accommodation service provider’s final cleaning service. The final cleaning that the guest shall perform entails washing and stacking the dishes, garbage disposal and sweeping all rooms so that the unit is neat when handed back to the service provider.
In case the guest, after departing from the accommodation unit, does not leave the unit in the exact same state in which it was handed over to use based on the lease contract, and this results in the following guest being unable to enter the accommodation unit within the agreed deadline, the guest whose actions caused this damage shall be held materially liable for any consequence.
The guest shall be held liable for any damage caused during his/her stay at the unit
A security deposit was therefore introduced for certain units, which varies depending on the agency and lessor’s cooperation model, i.e., contract between the agency and lessor.
Any disputes arising out of the above mentioned, i.e., arising out of the damages to the unit, that is, the inventory of the accommodation unit, caused by the guest, as well as any causing of the inability to receive the following guests into the accommodation unit, are under the jurisdiction of the Municipal Court in the Republic of Croatia under whose jurisdiction is the leased accommodation capacity.
5. SECURITY DEPOSIT
Certain lessors can request a security deposit. Security deposit is requested and given in cash on the date of the guest’s arrival. The security deposit’s currency is arbitrary, i.e., it can be in Euros or Kunas.
The agency or the lessor issues a confirmation on the security deposit’s receipt.
The security deposit is fully returned to the guest on the date of departure when the check of the accommodation unit ascertains that there are no damages to the accommodation unit and the inventory.
In case that during the check of the accommodation unit, and before the guest’s final departure, damage to the accommodation unit and inventory is ascertained, i.e., that some of the inventory (movables) is missing; the lessor shall return the deposit, minus the value of the damage incurred, to the guest.
In case the deposit is insufficient to cover the damage incurred, the agency represents the lessor’s interests and contacts the guest to settle the damage incurred up to its full amount.
In case that the damage incurred to the accommodation unit and inventory results in disrupting the regular business operation of the accommodation unit, and because of the mentioned damage incurred the lessor is unable to provide the following booking, he/she shall have the possibility to request compensation from the guest who has caused the damages to the accommodation unit and inventory and therefore caused further damages to the lessor’s and agency’s business operation.
6. METHODS OF PAYMENT FOR FOREIGN AND NATIONAL GUESTS
Foreign guests deposit the advance payment by a bank transfer to the agency’s foreign currency account.
Euro to Croatian Kuna conversion shall be conducted at the Croatian National Bank’s average exchange rate according to the certified Lease services price list expressed in Kuna.
The guest bears the total cost of all bank charges, i.e., the costs of the originator’s and the beneficiary’s bank.
National guests deposit the payment in Kuna to a transfer account in Kuna in the price amount according to the certified Accommodation capacity price list, expressed in Kuna.
The guest bears the total cost of all bank charges, i.e., the costs of the originator’s and the beneficiary’s bank.
7. SOJOURN TAX
Pursuant to the applicable Sojourn Tax Act of the Republic of Croatia, the guest has a statutory obligation to pay the sojourn tax, in parallel to the payment of the accommodation service. The sojourn tax prescribed by the Sojourn Tax Act of the Republic of Croatia is in the amount from 2.00 to 8.00 Kuna per person per day for adults. The sojourn tax fee charged in the age group from 12 to 18 years is reduced by 50%, while children under 12 years are completely exempt from paying the sojourn tax. The final amount of the sojourn tax for a certain booking depends on the destination in the Republic of Croatia where the accommodation unit is located, the time slot of the stay, the guest’s number and age group and whether the lessor is in the flat-rate sojourn tax payment system or not.
8. SERVICE PRICES
The agency reserves the right to change the prices at any time. The price change shall not affect the accommodation capacity bookings that have already been confirmed.
The service price is stated on the agency’s website - www.annatours.hr. For all types of special services that have been stated as optional, the guest shall pay extra and shall order them while the booking process is still underway.
The water, gas, electricity and internet costs, as well as bedding, towels, kitchen cloths, final interior cleaning, pool and environment maintenance, are included in the total accommodation lease price
unless otherwise agreed with the lessor.
In case it has been otherwise agreed with the lessor, it shall be stated in the apartment descriptions that are published on the agency’s website.
The prices contained in the written booking confirmation (voucher) shall completely correspond to the ones that are posted on the agency’s website on the date of booking.
The prices published at the website are expressed in Euros and converted to Kuna at the Croatian National Bank’s average exchange rate according to the date of the price list’s certification.
9. TRAVEL INSURANCE
By accepting the Terms and conditions, the bearer of the booking is deemed to be acquainted with the fact that the booking service, i.e., lease of the accommodation capacity does not include health insurance in case of an unexpected illness or accident during his/her stay, as well as other travel insurances. While booking the accommodation capacity, the guest can, through our agency, also contract the desired type of insurance with an insurance company from the Republic of Croatia.
The agency is not responsible for the theft of luggage or valuables at the accommodation unit. Lost luggage or valuables should be reported to the accommodation service provider and the police station which has jurisdiction.
10. THE AGENCY’S RIGHT TO CHANGE AND CANCELLATION OF BOOKING
The agency withholds the right to change the booking in case of extraordinary circumstances that cannot be foreseen, avoided or eliminated. Booked accommodation can be substituted only by an accommodation unit of the same or higher category and at the price confirmed during booking, provided that the traveller has received prior notification. In case it is impossible to substitute the paid accommodation, the agency withholds the right to cancel the booking, provided that the traveller has received a prior notification at least 7 days before the start date for the use of service, and guarantees the return of the fully paid amount. In case the agency cancels the booking, the traveller is not entitled to claim compensation from the agency, while the agency shall only refund the amount deposited to the agency’s account.
11. COMPLAINT RESOLUTION
Every guest - contract holder has the right to a complaint about an unperformed contracted service. If the leased services are performed incompletely or without quality, the guest can request reasonable compensation by enclosing an oral and written complaint. Every guest - contract holder submits his complaint separately.
The complaint resolution process is as follows:
• in case the guest is dissatisfied with the condition found at the destination, he shall, immediately upon arrival or 24 hours from arriving at the accommodation unit at the latest, inform the agency, i.e., agency’s authorised representative, about the reasons for his dissatisfaction. The guest shall cooperate in good faith both with the agency’s representative as well as with the service provider to eliminate the reasons for the complaint. The agency shall not offer services as a substitution that are of lesser value than the leased ones to the guest.
• if the guest accepts the offered complaint solution corresponding to the paid service at the location, the agency is under no obligation to take the guest’s subsequent complaint into account.
• in case the guest is dissatisfied with the condition found at the destination and leaves and finds another accommodation on his own initiative, by not giving the agency an opportunity to eliminate the reason for his dissatisfaction or to possibly find a substitute accommodation, that guest shall be unable to request a refund or file a claim for damages, regardless of the fact whether his reasons were justified or not. In case of complaint and request for help, i.e., agency’s arbitration, the agency shall have an 8 hour deadline upon receiving the complaint to resolve the situation at issue, provided that the dissatisfaction conditions are justified, eliminating the causes that have led to the situation at issue shall be considered the resolution of the situation at issue. In case the justified causes for the dissatisfaction are impossible to eliminate, the agency shall find a substitute accommodation for the guests.
• in case the guest and the agency’s representative can’t find a common solution, they shall draft a written confirmation about it in two copies, which shall be signed by both of them as a sign of acceptance. The traveller shall keep one copy of the confirmation.
• the traveller shall send a written complaint 7 days after returning from the trip (excluding Sundays) at the latest, to which he shall enclose the written confirmation, signed by both the agency’s authorised representative and the guest. The agency shall initiate proceedings only for complaints with full documentation, received within 8 days of the deadline.
• the agency shall make a written decision regarding the complaint within 14 days of its receipt. The agency shall resolve only those complaints for which the causes were impossible to eliminate at the vacation destination. The maximum compensation per complaint can amount to the advertised part of the services, but it cannot include used services or the entire price of the arrangement. This precludes the guest’s right to non-material damage compensation.
12. PERSONAL DATA PROTECTION AND PRIVACY STATEMENT
The Personal Data Protection and the Privacy Statement primarily serve to protect the privacy of our users. In case you decide to use one of our services, it is necessary to provide the requested personal data in order for us to complete the booking and lease of the requested service, but your personal data remain under maximum protection and will be solely used for the process of realising the requested services. We emphasise that we only collect the data which is needed to regularly carry out the procedure related to the lease of chosen service and that during the process we solely use the information that you provided. “Anna Tours” tourist agency can reveal personal information solely if it is required by the law or a judicial decision and if there is a need for the protection of the personal safety of the user or the public.
13. NOTE
By confirming the booking and depositing the advance payment, the guest confirms that he is acquainted and that he agrees with the above-mentioned terms.
Supplement to the general conditions;
Refund of the advanced payment during COVID-19 circumstances;
If the epidemiological situation does not allow the guest to cross the State border of his origin, the Agency will issue to the guest a Voucher, for the amount of the paid deposit which can be used in the current booking year or in the following year.
If even within this period it will not be possible, for the reasons indicated above, to access the booked accommodation, the Agency will refund the guest the full advanced payment.