Terms

GENERAL TERMS AND CONDITIONS FOR PROVIDING ACCOMMODATION SERVICES

 

1. THE OFFER

Phoenix d.o.o., tourist agency Istra-sun, Veli Golji 45A., 52220 Labin, tel. 00385 (0) 52 861 101, fax: 00385 (0) 52 861 101, GMS: 00385 (0)91 50 44 391, e-mail: istra-sun@email.t-com.hr , istra-sun@net.hr (further on referred to as the agency), provides accommodation services in accordance with the General Terms and Conditions, and with the period and details of the confirmed reservation, and the information published on the website www.istra-sun.com. The agency is not liable for circumstances caused by conditions beyond its control, including wars, riots, strikes, acts of terrorism, natural disasters, sanitary disruptions, restrictions by local authorities, death or illness of service provider and such.

 

 

2. BOOKING AND PAYMENT

 Inquiries and booking of accommodation can be done electronically, by mail, fax or in person at the office of the agency. After the receipt of the inquiry, the agency will check the availability of the required service and confirm the required service to the client, or offer alternative possibilities. If the client is agreeing with the offer, a final confirmation from the client is required. During the booking process, the client is obliged to supply the agency with all the necessary and required data. With the final confirmation of the booking, the client also confirms that he is familiar with the General Terms and Conditions, and that he accepts them in their entirety. Thus, everything stated in the General Terms and Conditions becomes legally binding both for the client and the agency. After the final confirmation has arrived, the agency sends to the client the proforma invoice for the advanced payment with all the necessary details for the bank transfer. After the deposit payment had arrived to the bank account of the agency, the agency sends to the client a confirmation of the receipt. For the booking of the service, the advanced payment of 30% of the total price is required, while the balance has to be transferred at least 30 days prior to the arrival date. The client can, as well, transfer the total amount right upon the receipt of the proforma invoice. The agency can make an exception to this rule in case of a "last minute" booking.

 The payment can take place in the following manners:
1. cash payment in the office of the tourist agency Istra-sun, Veli Golji 45A., 52220 Labin.

2. by bank transfer to the bank account of the agency

All the necessary details to perform the bank transfer are delivered to the client on the proforma invoice for the advanced payment.

The tourist tax is paid separately upon arrival. The exact amount of the tourist tax depends on the destination and the period of the stay.

  

3. THE PRICE OF THE ACCOMMODATION

The price of the accommodation includes the basic service as described by the booked accommodation unit. Prices published by every accommodation unit include: the daily renting, bed linen, a kitchen (except in case of renting a room without kitchen usage) equipped with all the necessary dishes and cutlery, water, electricity and gas consumption, as well as the final cleaning. 

Special services are those not included in the price of accommodation (in accommodation unit description indicated by "services upon agreement" or "optional", or those available if arranged in advance); therefore the customer pays for them separately (for example, pet fee). These services must be requested at the time of booking. 

The price of accommodation is given in EUR. The agency reserves the right to make changes to the stated prices (in the event that the host changes prices or there are changes in exchange rates). For customers who have paid an advance for their reservation, the agency guarantees the price of accommodation, stated in the calculation according to which the advance was paid. If the changes occur prior to the payment of the advance, the agency is obliged to inform the customer. 

If more clients arrive to the accommodation unit than it is stated on the proforma invoice, the host has the right to deny the extra customers accommodation or to accommodate all of the customers at extra charge directly made to the host.

All of the published prices are referring to stays longer than 3 nights. If the stay is shorter than 4 nights, the price becomes 30% higher.

 

4. CATEGORIZATION AND SERVICE DESCRIPTION

Accommodation units offered by the agency are described in accordance to the official categorization of the authorized institution, and based on onsite assessment prior to being put in the agency's online offer.
Standards for accommodation, food, services, etc. differ from place to place, country to country, and cannot be compared. The agency is obliged only by the information published on the internet pages www.istra-sun.com.

The clients can start their stay in the accommodation unit after 2:00 PM (or later) on the arrival date, and on the last day of the booked period, they shall leave the accommodation unit by 10:00 AM. The delivery of the keys to the accommodation unit takes place in the very unit by the owner or the agency's representative, or in the agency. 

 

5. THE AGENCY'S RIGHTS TO CHANGES AND CANCELLATION

The agency reserves the right to change or modify a reservation in case of circumstances caused by conditions beyond its control that cannot be predicted, avoided or rectified (see Article 1). Booked accommodation can be substituted only provided that customer is notified in time and only by an accommodation unit of the same or higher category, but at the price confirmed during booking.
Should the substitute accommodation be available only in an accommodation unit of higher category and should the price of the substitute accommodation be higher by 15% or more than the initially booked accommodation, the agency reserves the right to charge the price difference upon consulting the customer.
In cases where substitute accommodation for paid accommodation is not available, the agency reserves the right to cancel the reservation upon prior customer notification (at least 7 days before arrival) and guarantees the refund of the complete paid amount.
Should an adequate substitute accommodation not be available on the day of arrival, the agency will provide information on available accommodation that is not included in the agency's offer and guarantees the refund of the complete paid amount.

 

6. THE CLIENT'S RIGHTS TO CHANGES AND CANCELLATION

Should the client wish to change or cancel a reservation, this must be done in written form (email, mail, or fax). The following are examples of changes: changes to the number of customers, changes to arrival / departure dates. Changes must be made at least 60 days prior to the arrival date.
The first change to the reservation is free of charge, unless it entails further expenses for the agency. For all further changes to the reservation, 15 EUR will be charged per change. Should a change to the reservation not be possible and should the client cancel for this reason, the conditions for the cancellation of reservation listed below will be enforced. Any changes of the accommodation unit or any other changes within 30 days before the arrival date or during the use of the accommodation unit shall be considered as a cancellation of the reservation..

In case of the cancellation of the reservation, the date of receipt of the written cancellation is used to calculate cancellation costs as it follows:

· For cancellation for more than 29 days before arrival date, 50% of the accommodation price will be charged,

· For cancellation from 28 - 15 days before arrival date, 60% of the accommodation price will be charged,

· For cancellation from 14 - 8 days before arrival date, 80% of the accommodation price will be charged,

· For cancellation within 7 days before arrival date, 100% of the accommodation price will be charged.


Should the customer not arrive at the booked accommodation unit before midnight on the arrival date, and the customer has not contacted the agency, the reservation is considered to be cancelled, and therefore the cancellation costs will be charged as described above.

 

7. THE OBLIGATIONS OF THE AGENCY AND THE HOST

It is the agency's obligation to take care of the realization of the services, choice of hosts, and customers' interests and rights according to accepted customs and practices in tourism. The host is obliged to make all reserved services available to the client, so he is responsible to the client for any possible unfulfilled yet reserved services or part of these services. The agency will carry out all stated obligations in full and as described above, except in circumstances caused by conditions beyond its control.

 

8. THE OBLIGATIONS OF THE CLIENT

The customer is required:

· to have valid travel documents,

· to obey customs regulations and currency exchange regulations of the country where the destination is located,

· to obey house rules in accommodation units and to have good relations with the host,

· to check whether a visa is necessary for the country where the destination is located or for neighboring countries.

Should the customer not follow the above listed obligations, the customer is liable for caused damage and must cover the expenses.
By confirming the reservation, the customer accepts to pay for all damages caused directly to the host.

 

9. LUGGAGE

The agency is not responsible for damaged, destroyed or lost luggage, as well as for the theft of luggage or valuables in the accommodation unit. 

 

10. TRAVEL INSURANCE

Travel insurance is not included in the published prices.

 

11. RESOLVING COMPLAINTS

Should the paid services not be provided, or be provided inadequately, the customer is entitled to seek reasonable compensation by filing a written complaint. Every customer is entitled to file a complaint if the paid service is not provided. Every customer - reservation holder, files a separate complaint.

Complaint procedure:

· The client is required to complain to the service provider about the inadequate service immediately on the day of his/her arrival and to notify the agency as well. Furthermore, the client is required to cooperate with the agency's representatives and the service provider in good faith in order to rectify the problem. If the client refuses to accept the solution that is in accordance with services paid for, the agency is not required to accept any further complaints referring to this service.

· If the client  would leave the accommodation unit on his own initiative, and finds another accommodation, thus not making it possible for the agency to try to solve the problem, then the client looses the right for a reimbursement or for taking legal action for an atonement. 

· The client is required to send a written complaint, along with the signed report of the host about the situation and any possible invoices regarding the caused damages, to the agency tourist agency Istra-sun, Veli Golji 45A., 52220 Labin, tel. 00385 (0) 52 861 101, fax: 00385 (0) 52 861 101, GMS: 00385 (0)91 50 44 391, e-mail: istra-sun@email.t-com.hr, within 8 days upon returning from holiday. The agency assumes responsibility to make a written decision to the complaint within 14 days upon receipt of the complaint. Until the agency presents its solution, the customer refrains from mediation by any other party, arbitration by the Association of Croatian Travel Agencies, or from taking the matter to court, and from informing the press. 

· The maximum compensation per complaint can amount to the cost of the part of the service(s) in the complaint. It cannot amount to the total paid to the agency and cannot include services already provided.

 

12. JURISDICTION

Should the customer not be satisfied with the solution to the complaint, the matter can be taken to court in Pazin.

 

13. NOTICE

Upon payment of the advance or the total amount, the customer accepts the General Terms and Conditions in their entirety.