CONTRACT: AGENCY-GUEST

GENERAL CONDITIONS FOR PROVIDING GUESTS WITH PRIVATE ACCOMMODATION SERVICES

1. CONTENTS OF OFFER 

"Gajeta d.o.o." tourist agency, Domilijina 2, 21000 Split (further in the text, the agency), guarantees the authenticity of the graphic and data review related to the accommodation unit characteristics in its offer as well as the authenticity of the conditions of the same offer.

The agency will ensure the execution of its services in the reserved accommodation units at the reserved time, except in the case of unexpected circumstances, i.e. those circumstances which cannot be prevented because they cannot be predicted and, consequently, cannot be averted (natural disasters, war, riots, strikes, terrorist attacks, official interventions, death of the service provider etc.).

By making a reservation of accommodation unit(s) the traveler confirms that he/she fully accepts these general conditions for providing guests with private accommodation services which are presented here. Therefore, everything stated in these General Conditions represents a legal commitment for the guest as well as the agency. These conditions are the basis for solving all possible conflicts between us, so please, read them carefully.

2. RESERVATIONS AND PAYMENT

Reservation applications are made via email or telephone, or personally, by filing the request in our agency. The accomodation unit, which will fully satisfy your wishes and needs, can be selected in two ways:

- independently, by browsing one or more of our websites or

- by addressing our marketing department which will, after the initial introduction, recommend you a certain number of units which will satisfy your criteria.

During the application process the traveler has the obligation of providing the department with the correct data required for the reservation process, which refer to the traveler and the persons applying for the voyage. The agency is not responsible for any incorrect data given by the traveler during the application process. In case such incorrectness occurs, the agency has the right to change the price and compensate for the difference in price immediately.

A deposit is required for making a reservation (wherein the amount is determined by the method of payment). The remaining amount is paid depending on the method of payment and no more than 21 days prior to the beginning of the service.

3. CONTENTS AND THE PRICE OF THE ARRANGEMENT

The prices published on the agency's web pages vary from unit to unit, and are shown next to every accommodation unit. The specified prices include: a daily rent of the accommodation unit, bedlinen, equipped kitchen (unless the guest reserves only rooms without the use of kitchen) with all the necessary dishes and cutlery, and water, electricity and gas spent during the guest's stay, the final cleaning and the sojourn tax, unless otherwise stated and underlined in the price list.

The price of the service includes the basic service as described in the price list next to the accomodation unit from the reservation. Special or additional services are those services which are not included in the basic service (and are placed in the description of the accomodation unit or are listed in the price list as additonal services which are available after additonal payment) so the traveler pays them with the reservation or directly to the service provider as stated in our offer.

The service rates are listed in Euros. The agency has the right to change the advertised price in case of the change of price brought by the service provider.

In case the price for certain accomodation unit(s) changes after the application is made, and before the deposit is paid, the ageny has the obligation, upon discovery, to notify the guest and with his/her consent, to send the new calculation.

In case the price changes after the advance payment has been made, the agency guarantees that the rest of the amount will be paid according to the calculation based on which the guest had decided to make the reservation of a certain accommodation unit.

The rates listed in our offers and programs are based on agreements made with our business partners and do not necessarily match the rates available on the spot at the accommodation unit in which the Traveler resides. Possible differences in rates cannot be subject to complaint.

Should the number of people for the reserved accommodation unit exceed the number indicated on the travel documents (voucher), the service provider has the right to withhold services for unannounced travelers or allow all travelers and request additional payment for unannounced travelers on the spot.

4. SOJOURN TAX

According to the Law on sojourn tax of the Republic of Croatia, the Traveler is obligated to pay a sojourn tax along with his/her payment for accommodation. Sojourn tax as regulated by the Law on sojourn tax of the Republic of Croatia amounts from 2,00 to 7,00 kn per person per day for adults. Adolescents from the age of 12 to just before their 18th birthday are entitled to a 50% discount, while children under the age of 12 are exempted from paying sojourn tax. The final amount of the sojourn tax for a specific reservation is determined by the destination in the Republic of Croatia as well as the dates of the accommodation and is calculated according to these General Terms and payment of the final amount of the tourist service. The reservation calculation will include the amount required for sojourn tax.

If the sojourn tax is not included in the accomodation price, it has to be specially underlined in the accomodation price list, and the payment is made on the spot upon arrival to the accomodation unit.

5. CATEGORIZATION AND SERVICE DESCRIPTION

The offered accommodation units are described according the official categorization of the local tourist organization and according to the actual state of the accommodation unit at the time of publication.

Accommodation, food, services and other standards of particular places and countries are different and cannot be compared. The information the passenger receives on the place selling the accommodation does not obligate the agency more than the information published on our Internet pages.

The agency will ensure that the kitchen in every accommodation unit is equipped with corresponding dishes and cutlery according to the number of people it is intended for. Every guest is to arrive into a clean and tidy accommodation unit, where clean bedlinen will be expecting them. For guests who are staying for more than a week, hosts are to change the bedlinen and the towels weekly.

On the day of arrival to the accommodation unit, guests are to arrive after 14.00, and they are to leave the accommodation unit before 10.00 on the day of departure. During these four hours the host cleans the accommodation unit and prepares it for new guests.

The keys of the accommodation unit are given in the unit itself by the host.

Information on accomodation units on the agency's websites may contain some accidental, grammatical or typographic errors. All changes, supplementations and corrections of the information are made continually, and the agency cannot be held responsible for any direct, indirect, special or any other collateral damage connected with the use of the agency's websites' data.

The agency is making every effort to display the descriptions and the images in a manner as realistic and correct as possible, however minor differences between the photographs, the text and the actual accomodation must be accepted.

Certain services and activities in the accomodation unit and the additional services in its surrounding can take place only at a certain time of the year (for example, a disco club that is open only in the summertime), and the agency cannot change that.

All the numerical values (surfaces, distances...) are displayed with a tolerance of +/- 20%. The data on distances implies the aerial distance, unless otherwise stated.

6. AGENCY'S OBLIGATIONS

The agency's obligation is to be in charge of carrying out the services as well as selecting the service provider by giving it all the necessary attention, and taking care of the rights and interests of the guest in accordance with the good habits in tourism.

The agency is to see that the guest receives all the paid services, and thus is responsible to the guest for any possible non-fulfilment of the services or a part of the services the guest had paid for.

The agency eliminates any responsibility in case of changes or non-fulfilment of the services caused by force majeur.

7. GUEST'S OBLIGATIONS

The guest has an obligation to:

1. own a valid passport. The costs of document loss of theft is borne by the guest.

2. respect the customs and foreign regulations of the Republic of Croatia, as well as other visited countries during the trip,

3. respect the home rules of the reserved accommodation units, and cooperate with the hosts with good intentions,

4. show the host the voucher with the correct number of persons and type of services to be provided at the arrival to the accommodation unit. The specified voucher will be forwarded to the guest's home address immediately upon the paid reservation.

In case of not respecting the above stated obligations, the guest bears the responsibility for all the possible costs and damages.

If the guest does not follow these regulations, he/she will be held responsible for any expenses or damages. By confirming a reservation, the guest is obligated to pay the service provider on the spot for any damage(s) he/she may have caused.

7. PAYMENT DYNAMICS AND MODEL

Guest can choose between two types of payment:

- Guest can pay 100% of the reservation value upon the approved application

- Guest can make an advance payment in the amount of 30% (if not stated differently) of the reservation value. The rest of the amount guest has to pay 21 days prior to arrival. Guest can also make this payment directly to the accommodation owner (available only for private accommodation). In case when reservation is being confirmed less then 21 days before the arrival date, it is necessary that guest pays 100% of the reservation value.

Due date

Due date until the agency is obligated to keep the inquiry active is clearly stated on the inquiry.

Payment options:

Guest can choose between different payment options:
1) Money order payment from abroad (bank transaction)
2) Cash payment in Croatia (payment slip)
3) Online credit card payment
3) Offline credit card payment
5) Cash or checks payment directly in the agency's office

1) Money order payment from abroad (bank transaction)

Available for guests from abroad to pay their reservation value.

Necessary information to be entered on payment slip:
Guest: First name, last name, full address of the reservation holder
Beneficiary: Travel agency Gajeta, Domilijina 2, 21000 Split, Croatia
Bank: Erste bank d.d., Jadranski trg 3, Rijeka, Croatia

IBAN: HR3924020061100460252
Swift: ESBCHR22
Total (EUR): total amount according to the calculation
Payment details: according to the reservation code
Reference no.: reservation code

Note:
- Bank transaction fees are shared between the agency and the guest. The agency covers the fees of its bank and the guests covers the fees of its own bank. If the two banks do not have a direct mutual contract, the agency will not accept the transactions where the bank fees exceed 2% of the reservation value
- Please send a copy of the payment slip to the agency on fax +385 21 394 449
- Due date for sending a copy of the payment slip is stated on the inquiry
- If guest exceeds the due date, the agency will consider payment as uncompleted and the inquiry will be cancelled
- Information in bold should be copied on the payment slip

• 2) Cash payment

• Available for guests from Croatia to pay their reservations

• Necessary information to be entered on payment slip:

Guest: First name, last name, full address of the reservation holder
Beneficiary: Travel agency Gajeta, Domilijina 2, 21000 Split, Croatia
Account no: 2402006-1100460252
Total (kn): total amount according to the calculation
Reference no.: 01 - reservation code

Note:
- Please send a copy of the payment slip to the agency on fax +385 21 542 235
- Due date for sending a copy of the payment slip is stated on inquiry
- If guest exceeds the due date, Galileo will consider payment as uncompleted and inquiry will be cancelled
- Information in bold should be copied on the payment slip

3) Online credit card payment (currently unavailable)

(Mastercard/Eurocard, Visa,Amex)If you decide to make an online credit card payment, please print and fill out authorization form during the reservation process, and send it online via safe webpages (SSL protection). The agency is given the authorization to charge your credit card for the reservation amount according to the chosen payment dynamics.

• 4) Offline credit card payment (currently unavailable)

(Mastercard/Eurocard, Visa,Amex)

If you decide to make an offline credit card payment, please print and fill out authorization form during the reservation process. You need to fax it on +385 21 394 449. By doing so, we are given the authorization to charge your credit card for the reservation ammount according to the chosen payment dynamics.

Note:
- The agency charges you credit card for the amount in kunas according to the exchange rate of the Erste bank on the day when the reservation amount is charged
- Due date for sending authorization form is stated on inquiry
If guest exceeds the due date, the agency will consider payment as uncompleted and inquiry will be cancelled

• 5) Cash or checks payment directly in the agency's office

Available for domestic and foreign guests located in Croatia in case the reservation is made in the agency's office

Travel document or the voucher will arrive on your e-mail address and it will contain the following information:

- Full name, address and telephone number of the service provider
- Full name and address of the reservation holder
- Number of guests
- Description of paid services
- Arrival and departure dates
- Information about check-in/check-out dates (if available)

8. GUEST'S RIGHT TO CHANGES AND CANCELLATION

If the guest wishes to cancel the reserved accommodation, they have to do it in writing (via email, fax or ordinary mail).
The date when the agency receives the notification of the cancellation represents a basis for the calculation of cancellation charges in the following way:

for a cancellation occurring up to 30 days before the start of using the reserved service and in the name of handling and administrative charges the agency charges 30 % of the total price of the reserved accommodation. The rest of the money is returned to the guest at the expense of the receiver.

for a cancellation occurring from 29 to 22 days before the start of using the reserved service the agency charges 40% of the total price of the reserved accommodation. The rest of the money is returned to the guest at the expense of the receiver.

for a cancellation occurring from 21 to 15 days before the start of using the reserved service the agency charges 60% of the total price of the reserved accommodation. The rest of the money is returned to the guest at the expense of the receiver.

for a cancellation occurring from 14 to 8 days before the start of using the reserved service the agency charges 80% of the total price of the reserved accommodation. The rest of the money is returned to the guest at the expense of the receiver.

for a cancellation occurring from 7 to 0 days before the start of using the reserved service the agency charges 100% of the total price of the reserved accommodation.

If the guest does not show up at the destination or cancels the arrangement upon its beginning, the agency charges the whole amount.

If the actual costs are higher than presented above, the agency keeps the right of charging all the actual costs. The specified cancellation costs are also applied to the changes of dates of the service use in the reserved accommodation unit but also to any other important changes.

If the guest who cancels the reserved accommodation unit finds a new user of the same reservation, the agency charges only the costs caused by the change.

If the cause of the reservation cancellation is force majeure on the guest's side, the agency charges only the actual costs which cannot exceed 33,33% of the value of the whole reservation. The rest of the amount will be returned to the guest.

Immediately upon determining the correct amount to be returned to the guest, the agency will make the payment on the guest's giro account number or their foreign account if the guest is coming from abroad at the expense of the agency.

After written request of the client the travel agency is ready to make additional change in the parameters of agreed and paid reservation (if it is possible). These changes are charged by the fixed fee 30 EUR per a change. The changes concern to the term of reservation, the number or age of persons, reserved services in accommodation units or to other parameters of reservation.

9. LUGGAGE

The agency does not hold any responsibility for the ruined or lost luggage, nor for stealing of the luggage or valuable objects from the accommodation unit. The guest should report it to the host or to the nearest police station.

10. AGENCY'S RIGHT TO CHANGES AND CANCELLATION

The Agency reserves the right to make changes regarding reservations in the event of circumstances which cannot be predicted, avoided or removed (see Article 1). A reserved accommodation unit can only be switched with prior notification by the guest for an accommodation unit in the same category or in a higher category at the price at which the guest confirmed the reservation. If the replacement accommodation is only possible in a unit in a higher category where the price is 15% more than the price of the paid reservation, the Agency reserves the right to charge the guest the difference and is required to consult with the guest.

In the event that a replacement accommodation unit cannot be arranged, the Agency reserves the right to cancel the reservation by first notifying the guest no later than 7 days prior to the beginning of the service date and guarantees a full refund of the paid amount. If the Agency cancels a reservation, the guest is not entitled to compensation from the Agency and the Agency is only obligated to refund the amount paid in 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 guest with information on the possibility of an alternative arrangement which is not part of the Agency's offer or will refund the guest for the full amount paid for the reservation.

11. OBJECTION RESOLVING

Each guest - contract carrier has a right to object in case of the services agreed upon not being provided. If the services the guest has paid for are not provided completely or are of low-quality, the guest can demand an adequate reimbursement by enclosing a written objections. Each guest - contract carrier - submits their objection separately.

Objection procedure:
If the guest is not satisfied with the condition of the accommodation unit, they are to inform the agency or the agency's certified representative of the reasons of their dissatisfaction immediately upon arrival. In case of the guest not being able to contact the agency or its certified representative, they are to report the issue to their host. The guest has the obligation of cooperating with the agency as well as with the host with good intentions so that the reasons of the objection could be removed. If the guest is not willing to accept the solution offered on the spot and which corresponds to the reserved and paid service, the agency will not take into consideration their subsequent complaint nor will it find it necessary to respond to it.
The standard for comparing the basic and alternative service is the price published on the agency's Internet pages. The agency is not allowed to offer the guest alternative services whose value is less than the value of the reserved services.

If the guest is not satisfied with the condition of the accommodation unit, leaves the unit and finds another accommodation on his/her own account, without giving the agency an opportunity to deal with the reason of their dissatisfaction or find them an alternative accommodation, the guest is not to demand a reimbursement nor file a charge for damages, regardless of the fact whether the reasons were justified or not.
In case of an object and request for help, ie. arbitration on the side of the agency, the agency is given 8 hours upon receipt of the objection to resolve the disputable situation. The time period between 22 and 8 o'clock does not enter this deadline. If the reasons of dissatisfaction are justified, the situation will be considered resolved when its cause has been removed. If the cause of the dissatisfaction cannot be removed, the agency promises to find another accommodation for the guest.

If the guest and the agency's representative are not able to find a solution they are to draw up a written confirmation in two copies which is to be signed by both of them. The guest keeps one copy of this confirmation.

Not later than 7 days upon their return from the trip (Sundays excluded) the guest sends a written objection to the agency's headquarters enclosing the written confirmation signed by the agency's representative and himself and encloses possible costs he has had due to the accommodation unit replacement. The agency takes into consideration only those objection which are complete and received within the above mentioned deadline of 8 days.

The agency has to make a written solution to this objection within 14 days of the objection receipt. The agency can postpone the solution deadline in order to collect the evidence and check the claims of the objection but for not more than 14 days. The agency will take into consideration only those objections whose cause could not have been resolved at the place of vacation.

Until the agency comes up with the decision, the guest is to renounce the arbitration of any other person, UHPA, court or giving information to newspapers. If the guest breaks this regulation and violates the procedure, regardless of the foundation of their claims, the agency has a right to ask for damages caused by such an action on the guest's side.

The highest reimbursement can reach up to the amount of the complained part of the services and cannot comprise the service already taken nor the whole amount of the arrangement. This excludes the guest's right to non-material damages.

The agency cannot be held responsible for climate conditions, cleanliness, and the temperature of the sea, as well as similar situations and events which can result in the dissatisfaction of the guest and are not a direct result of the accommodation unit (for example the lack of snow; bad weather; improperly maintained slopes or beaches; crowds, lost or stolen property and the like).

12. PERSONAL INFORMATION SECURITY
The guest 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 guest 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 guest request insurance, the personal information of the guest 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 guest gives permission for his/her personal information to be used for promotional offers of the agency.

13. NOTE
Putting down a deposit, in other words, payment in full signifies that the guest fully comprehends and accepts the aforementioned terms.

14. COURT JURISDICTION
The guest 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 Split Court jurisdiction, under the authority of the laws of the Republic of Croatia.

Split, 01.01.2008.