General terms for booking of accommodation, excursions and trips
General terms for booking of accommodation and excursions
GENERAL TERMS AND CONDITIONS
By signing the Contract or confirming the booking of accommodation, the traveller agrees to fully accept these Terms and Conditions. These General Terms and Instructions make up the integral part of the Contract (voucher or bidding) for accommodation in hotels, private accommodation, excursions or trips concluded between the Annalinea d.o.o. travel agency (hereinafter: the Agency) and the contractor of travel, excursion or accommodation (hereinafter: the Traveller). These Terms and Conditions relate to organized transportation, travel, excursions and bookings of accommodation organized by agencies for which the Agency collects the service.
PRICE AND CONTENTS OF THE SERVICE
The price of the service includes a basic service, which is described by the type of accommodation from the booking. Additional services are all those services not included in the price of accommodation and the traveller pays them separately. Additional services should be required at the time of booking. Accommodation booking is considered to be made only upon receipt of the advance payment.
RIGHT TO INCRESE THE PRICE AND RIGHT TO CANCELLATION DUE TO PRICE INCREASE
The Agency may require an increase of the contracted price if, after the day of the conclusion of the contract there was a change of currency rate in respect of the rate on the day of the programme publication, changes of the transport costs (fuel, tolls etc), changes of carriers and hotel tariffs. The Agency may inform the traveller about the price change in writing. For travellers who have made down payment for a specific booking, the Agency guarantees the price of the accommodation, and if the change occurs before the down payment, the Agency shall notify the traveller about price change. A traveller can cancel a trip without cancellation cost if a price increase amounts to more than 10% compared to the agreed price occurred, but no later than within 48 hours from the written notification thereof. In case the traveller fails to terminate the contract within the specified time period, it shall be considered that he or she agrees to the price change.
Travel documentation consists of confirmation of received payments or vouchers. All travel documentation will be delivered to the traveller no later than 7 days before departure.
CATEGORY AND DESCRIPTION OF THE FACILITIES
The offered accommodation facilities are described according to the official category of the country in question, valid at the time of the program publication. Food, quality of accommodation as well as other services offered by the hotel/apartment are under supervision of the local tourist authorities, while accommodation and services standards are different and not comparable. The Agency shall not be responsible for oral or written information which are not in accordance with the description.
Accommodation of tourists related to private accommodation: the apartments are furnished according to the owner’s taste. The Agency assumes no liability in case of inaccurate data from the owner of the accommodation capacity regarding the description of services and facilities in the published programs.
ACCOMMODATION IN ROOMS/APARTMENTS
It concerns the tourists who make their accommodation bookings through tourist agency Annalinea and make their payments through the Agency. The reception in the place of staying determines the arrangement of the rooms in the hotel/apartment. Unless the traveller explicitly agreed upon the room/apartment of specific feature, he/she will accept any officially registered accommodation unit the particular facility described in the offer. Check-in in the room/apartment is not possible before 02.00 p.m. on the service date and they must be vacated by 10.00 a.m. on the service end date. Arrivals after 08.00 p.m. must be announced in advance, unless otherwise indicated. Pets are required to be announced and requested in advance by the traveller. The number of disposable beds in the apartment is determined by law, in other words, the apartment can not be booked for a larger number of guests than the number of allowed ones. In this case, a child over 4 years counts as an adult. The service provider has the right to decline the accommodation of guests if the number of people is higher than the one indicated in the travel documents (voucher or booking confirmation). Contracted prices for rooms and apartments can not be changed after the advance payment has been paid.
WITHDRAWAL FROM TRAVEL OR BOOKING
Should the traveller cancel the arrangement, the agency will deduct from the total cost of the arrangement:
Up to30 days prior to the departure: 10% of the arrangement price;
- 29 to 22 days before departure: 25% of the arrangement price;
- 21 to 15 days prior to the departure: 40% of the arrangement price;
- 14 to 8 days prior to the departure: 80% of the arrangement price;
- 7 – 0 days prior to the departure 100% of the arrangement price.
The stated cancellation costs shall also apply to changes of the departure date or the type of accommodation facility, i.e. the type of room/apartment as well as all other major changes. If a traveller has to cancel the reservation within 7 days prior to the start of the service, the the Agency offers to him the possibility of finding the new user for the booked accommodation. A new traveller takes over all obligations under these General Terms and Conditions. If the traveller does not arrive in the booked accommodation on the day of the beginning of the service until 23:59 hours, unless prior notice has been given to the Agency, the booking shall be considered as cancelled.
CHANGE AND CANCELLATION OF BOOKING BY THE AGENCY
The Agency reserves the right to change the booking in case of exceptional circumstances that can not be foreseen. The Agency may only replace the booked accommodation with the prior notice to the traveller, accommodating him in the same or higher category at the price at which the traveller has confirmed the booking. In the event of the inability to change the paid accommodation, the Agency reserves the right to cancel the reservation by prior written notice to the traveller at least 7 days prior to the beginning of the service with the refund of the paid amount. In case of cancellation of the booking by the Agency, a traveller is not entitled to claim damages. In case of insufficient number of travellers, the Agency reserves the right to cancel the booking, but no later than 8 days before the start of the trip. The minimum number of travellers needed to carry out each trip is specifically indicated in each program/arrangement. The Agency reserves the right to change the day or hour of departure due to a change of flight time-table or occurrence of unforeseen circumstances, as well as the right to change the direction of travel if the conditions of travel change, such as: changed flight time-table, security situation in the country, weather conditions etc, without payment of damages and according to the applicable regulations in international traffic. In case of trip cancellation by the Agency, the traveller has the right for reimbursement of full amount paid.
The travellers are required to have valid personal travel documents. Irregular travel documents that result in cancellation of travel shall not produce any adverse consequences for the Agency. In case that, due to such a failure, the Agency has suffered additional damage, the traveller is obliged to compensate for it. In case of loss or theft of travel documents during the travel, the cost of issuing new documents is borne by the traveller himself.
FOREIGN EXCHANGE AND CUSTOMS REGULATIONS
Travellers are obliged to comply with the foreign exchange and customs regulations, as well as laws and other by-laws of the Republic of Croatia as well as of the countries through which they are passing through and in which they stay. The Agency is not responsible for the decisions of customs, police and other state bodies preventing the traveller’s entry into individual country. In case of the inability to continue the trip due to violation of the regulations by the travellers, all costs incurred are borne by the offender himself.
We emphasize that it is in the interest of the traveller to try to resolve his complaint immediately with the on-site service provider who will try to provide the agreed service or correct the mistakes. If there is no improvement after the complaint, the traveller must ask for a confirmation that the service is not provided or not provided in the manner agreed upon. The customer must submit a written complaint. A written complaint must be made within 8 days after the end of the trip. In order to resolve a complaint on foreign services, the rule of complaint must be respected including the issuing of a certificate on the spot as well as the deadline for filing a complaint. The organizer is required to make a written decision on this complaint within 14 days of the receipt of the complaint and may postpone the deadline for the complaint for an additional 14 days to collect the information. The organizer will only address those complaints that could not be resolved at the place of vacation. While the procedure is in place, and in total maximum of 14, or 28 days after the complaint has been filed, the traveller irrevocably waives the right of mediation of any other person as well as providing information to the media. Likewise, during this time the traveller waives the right to sue. The maximum amount of compensation per complaint may reach the amount of the advertised part of the service, and may not include the services already used, or the total amount of the arrangement. The traveller and the Agency will seek to settle disputes by mutual agreement, otherwise the jurisdiction of the court in Opatija is agreed upon. The Croatian law will be the applicable law.
OBLIGATIONS OF THE TOURIST AGENCY Annalinea d.o.o.
The Agency is obliged to take care of the execution of the service as will as of the choice of the service provider with sound business and take care of the rights and interests in compliance with the good practices in tourism. The Agency is obliged to provide all the contracted services for a particular arrangement and to provide answers to any failure to perform a service or part of the service. The Agency will perform all of the above mentioned obligations from its programs fully and in the manner described, except in the case of force majeure or changed circumstances. If possible, in such cases the Agency will offer a substitution solution. The Agency is not obliged to provide services beyond these Term and Conditions.
OBLIGATIONS OF THE PASSENGER
The traveller is obliged to ensure that he/she personally fulfils the conditions stipulated by the regulations of the Republic of Croatia and the country through which or in which he travels, to comply with the rules of procedures in hotels and other facilities and to cooperate with the representative of the organizer ad service providers. The traveller is obliged to make sure that he/she personally fulfils the conditions stipulated by the regulations of the Republic of Croatia and the country through which he/she is travelling and that he/she comply with the rules of the hotel and other facilities and cooperates with the representative of the organizer and service providers. The traveller himself is liable for the damage caused and in particular for the damage caused as result of non-compliance with these Terms and Conditions. The damage caused by the traveller will be met immediately by him at the reception of the hotel, agency and elsewhere designated by the physical or legal person to whom the damage occurred.
INSURANCE IN THE CASE OF INSOLVENCY OR BANKRUPTCY OF Annalinea d.o.o.
In accordance with the terms of the Law on Tourist activities, in case of insolvency or bankruptcy of the travel agency Annalinea d.o.o. travellers travelling on the journey as well as persons who have paid travel advance payments should contact the insurance company specified in the booking confirmation or the contract or the other appropriate document.
In accordance with the Law on Provision of Tourism services, the tourist agency Annalinea d.o.o has an insurance contract with the insurer for damages caused to the traveller by failing to fulfil their obligations, partial fulfilment or in disrespectful fulfilment of the travel-related obligations.
PERSONAL DATA PROTECTION
The traveller gives his/her personal data voluntarily when signing the contract or accepting the accommodation booking. Traveller’s personal data are needed in the process of realizing the required service. The Agency is obliged not to transfer data to another country or to submit them to third party, except for the purpose of realization of the requested service. Traveller personal information will be kept in the database. The traveller gives the right that his personal information may be used for the purposes of marketing actions of the Agency.
These General Terms and Conditions of travel are he constituent part of the Accommodation/Booking Contract that the traveller enters into with Annalinea d.o.o. Possible/anticipated deviations from these Terms and Conditions must be stated with the travel/booking programme. Upon payment of advance payment, the traveller fully accepts the programme and the travel/accommodation conditions.
In Moščenićka Draga , on October 01, 2009.
ID code: HR -AB-51-040072407