Terms and Conditions
1. General regulations
These terms and conditions are a part of the mediation contract, for the agreed service between Fasel i Krstic d.o.o. or In Holiday j.d.o.o., Stjepana Radica 13, 21300 Makarska as the representative of the owner (in the following text: representative) and the guest as tenant (in the following text: tenant). The following mediation conditions also govern the contractual relationship between the tenant and the owner / landlord of a holiday property (in the following text: owner) with whom the contract is concluded through the mediation of the representative. The representative concludes the rental agreement with the tenant in the name and on behalf of the owner of the villa / apartment, and offers on various websites the provision of external services (from contracts with the owners of the holiday objects). Therefore, the representative has only the position of intermediary between the tenant and the owner. Therefore, the representative has only the position of intermediary between the tenant and the owner.
All of the data and terms in these terms and conditions constitute an obligation on the representative and the tenant, as well as the owner. Please read these conditions carefully.
The representative offers the service according to the information that have been published and which are valid on the day of the confirmation of the booking, as well as the description and the appointment, which are in accordance with the confirmed booking. The owner is obliged, according to the contract concluded with the representative, to provide the representative with true and complete information about the villas / apartments. The owner bears the responsibility for the true and complete information about the villas / apartments to the tenant and, as a result, assumes full responsibility for them. The representative can not be held responsible for false, incomplete and / or deceptive information about the property.
If the booking of the accommodation (villa / apartment) can not be completed due to circumstances beyond the control of the representative (for example, sale according to the court decision or serious breach of the contract by the owner), the representative may cancel the booking. In this case, the representative is obliged to return the amount already paid to the tenant. Alternatively, the representative may, at the request of the tenant, also offer another accommodation for the same price.
3. Duty of the representative
The representative has the duty to take care of the provision of services and the choice of the owner. He also has to ensure that the rights and interests of the tenant are handled in accordance with the usual practices in tourism. The representative will carry out all mentioned duties in full and in the described way.
The rental agreement between the tenant and the owner comes about through the booking confirmation made by the owner’s representative in his name and sent to the tenant by electronic means. The booking confirmation does not require a specific form.
5. Reservations and payments
Inquiries and bookings of accommodation are made electronically. By making a booking, the tenant confirms he has become informed of and fully accepts these Terms and Conditions about the provision of the accommodation service, which he has carefully read in advance. In this way, all that is stated in these general terms and conditions is considered a legal obligation, both for the tenant, as well as for the representative, and for the owner.
This is a single service, the booking of an accommodation. No package tour is booked here.
The representative will provide the tenant with appropriate promotional material in electronic form, give him all relevant information regarding the accommodation and refer him to the terms and conditions. The representative is the owner’s debt collection agent
Unless otherwise agreed at the time of booking, a deposit of 15-50% is required to book the accommodation (depending on what was agreed at the time of booking).
Unless otherwise agreed at the time of booking, the balance (final payment) must be paid at least 57 days before arrival. In case the tenant does not make the payment within the agreed period, the representative reserves the right to cancel the booking with prior notification to the tenant.
6. Service price
The service price includes the basic service as described for the specific accommodation unit from the booking. When reserving the accommodation, the basic price includes electricity, water and gas consumption, as well as the use of bed linen and towels.
The tenant is required to clean the apartment or villa before departure, regardless of the final cleaning of the owner. The final cleaning of the tenant includes the washing and arranging of the dishes, the removal of refuse and the sweeping of all rooms, so that the object is handed over to the host properly. The performance prices are stated in EUR.
All prices quoted in the offers and programs are based on the contracts with our partners and do not have to correspond to the prices published locally in the object in which the tenant is lodged, so that any difference between the prices no basis for a complaint can be.
If the booked accommodation unit is used by more persons than specified in the travel documents (in the booking confirmation), the owner has the right to withdraw the services from unregistered persons or to accept all persons, provided that the unregistered persons have one Additional payment is made locally. In this case, customer complaints concerning the quality of the booked accommodation or service will not be considered.
The owner has the right to ask for a deposit on arrival (or late arrival later), as far as this was agreed in the booking confirmation.
The deposit will be settled exclusively between the owner and the tenant. The representative does not have any obligation to pay or refund the deposit.
The deposit is intended to cover damage caused to and in the house, inventory or other property of the owner, as well as for the lack of final cleaning as defined in point 6.
8. Categorization and description of services
The offered villas / apartments will be described according to the official categorization of the responsible institution and based on the insight into the actual state of the accommodation at the moment of publication. Accommodation standards vary by location and country and can not be compared.
The car park is secured if the owner provides a parking space for each unit on or adjacent to the property. The secured parking space does not mean that the parking lot is located directly in the yard of the property, guarded, fenced or covered.
9. Obligations of the tenant
– to possess valid travel documents.
– observe the customs and foreign exchange regulations of the state in which the destination is located.
– comply with customs and foreign exchange regulations and verify that a visa is required to enter the state where the holiday destination is located or to neighboring states. If the trip has to be canceled by the tenant due to violation of these regulations, the tenant who violated the regulations will bear all costs incurred.
– to comply with the house rules applicable to the accommodation property and to cooperate with the service providers in good faith.
– upon arrival at the destination, hand over the documents relating to the services paid to the owner (the booking confirmation received by email).
– when booking, inform the representative that he intends to bring a pet into the accommodation, even if according to the description of the property pets are welcome. The tenant is obliged to communicate the breed and size of the animal. Even if pets are allowed, the appropriate rules and house rules must be observed. In some properties where pets are welcome, an additional charge will apply, which is determined by the owner. About the amount of the surcharge, the tenant is informed by the representative before booking.
– indicate all accompanying persons when requesting accommodation, including underage children. If the tenant plans to arrive with more persons than the capacity of the accommodation permits, he is obliged to clarify this in advance with the representative and to obtain the consent expressly. The possibility of accommodating more people depends exclusively on the owner of the property, and a surcharge for the additional persons can not be excluded. There is no right which states that underage children are allowed to stay in accommodation free of charge and without notice.
In the case of non-compliance with these obligations, the tenant alone bears the costs and responsibility for the damage incurred.
– With the booking confirmation, the tenant undertakes to reimburse the owner for the eventual damage in the event that he causes any damage whatsoever.
10. Right of termination of the tenant
If the tenant wants to change or cancel the booking made on the basis of his request, this must be done in written form (by e-mail or by post) so that the representative can process the request. The booking change or termination by phone is not possible. In the case of cancellation of a fixed confirmed booking, the date of receipt of the written cancellation during the representative’s working hours is the basis for the calculation of the cancellation costs. In case of receipt of the written notice of the cancellation outside the representative’s working hours, the date of cancellation is the next working day.
If not otherwise agreed upon at the time of booking, in the event of cancellation of a confirmed reservation up to 29 days prior to the start of the service usage, the tenant will be charged the amount already paid at the time of booking. In case of cancellation of the booking from 28 to 0 days before the start of the service use, 100% of the total booking price will be charged. If the booking is cancelled after arrival or if the tenant does not arrive, 100% of the total booking price will be charged.
The tenant is obliged to take care of his belongings, which were brought to the accommodation. The tenant bears the responsibility for theft, loss or damage of the items left unattended. The representative does not cover the damaged, destroyed or lost luggage. This also applies to the theft of luggage or valuables in the accommodation (it is advisable to rent a safe, if this is possible or to conclude an insurance policy for the luggage). Lost luggage or its theft must be reported to the service provider and the relevant police department.
12. Termination and change rights of the representative
The representative reserves the right to change a booking if exceptional circumstances occur that can not be ignored, avoided or averted. Booked accommodation can only be replaced if the tenant has previously informed the tenant, and only with one or the same accommodation higher category and the accommodation price on the basis of which the tenant has confirmed the booking. If the substitute accommodation is only possible in an object of a higher category, the price of which is at least 10% higher than the price of the paid-in reservation, the representative reserves the right, in consultation with the tenant, to pay the tenant the additional price difference to demand.
If the paid accommodation can not be replaced, the representative reserves the right to cancel the booking, notifying the tenant at least 7 days before the start of the service. The representative is liable in this case for the fact that the tenant of the entire amount already paid by him will be refunded. The tenant has no right in the event of cancellation of a reservation by the representative to demand compensation from the representative, the representative is obliged to refund only the amount paid into the account of the representative.
If an adequate replacement can not be obtained on the day the service is commenced, the representative will endeavor to provide the tenant with information about possible alternative accommodation that is not part of the representative’s offer and, in any case, the tenant refund the deposit paid.
The owner or the representative may terminate the contract after the beginning of the contract if the tenant and / or his fellow travelers disturb the contract (despite a warning), behave in breach of contract or disobey the house rules. This applies in particular in the case of intentional or negligent damage of the object or the inventory in a value more than 500 EUR. In this case, the tenant is obliged to compensate the owner for the full extent of the damage caused by such unlawful behavior of the tenant. It is expressly prohibited, without the prior consent of the owner, guests of the tenant, or unannounced and not mentioned in the contract people in the property or on the property of the owner, use the premises, or stay overnight. In cases mentioned here, the tenant has no right to a refund of the amount already paid for the accommodation.
Every tenant or holder of a confirmed booking has the right to object to claims for non-executed, agreed services. If the services listed in the offer have been faulty, the tenant is obliged to complain about the inadequate service on the day of arrival and inform the representative via email to firstname.lastname@example.org
The tenant is obliged to cooperate with the owner and the representative, in removing the causes of his intervention, in good faith. If the tenant is dissatisfied with the situation on the spot, leaves the property and finds a new accommodation on his own initiative, without giving the representative the opportunity to eliminate the causes of dissatisfaction or to find alternative accommodation, he can do so tenant does not claim reimbursement of the paid booking amount nor claim for damages without taking into account the fact that his reasons are justified or not. If the tenant accepts on-site an offered solution for his claim corresponding to the paid service, the representative will neither consider nor respond to a subsequent claim of the tenant.
If the problem has not been remedied after an on-site intervention, the tenant is obliged to return a written complaint to the representative no later than 8 days after the return from the holiday, together with the accompanying documents and photographs explaining the reason for the claim by e-mail (email@example.com) or by mail to his address. The representative will consider only fully documented complaints received within the specified period of 8 days after the end of the service.
The representative is obliged to make a written decision on the complaint within 14 days of receipt of the complaint, taking into account only those complaints that could not be resolved on the spot.
As long as the resolution process has not ended yet, but no later than 14 days after receipt of the complaint, the tenant irrevocably renounces the mediation by any other person, arbitration with another institution, as well as the disclosure of the information to the media. The tenant also waives the right to sue in the course of this period. The highest possible compensation for a complaint is the reimbursement of the agreed price for the claimed service. The compensation does not include the services already used and not the total price of the arrangement. The representative can not be responsible for possible climatic conditions, cleanliness and temperature of the sea at the destinations, as well as for any other similar situations and occurrences, which may cause the dissatisfaction of the tenant and are not directly related to the quality of the booked accommodation unit (for example: bad weather, poorly equipped beaches, too much crowds, theft or damage to property, etc.). If the tenant has booked a LAST MINUTE offer or SPECIAL offer, he accepts all risks of such an offer. Such offers may contain uncertain facts upon which the representative has no control and as the tenant has accepted such an offer primarily because of a more favourable price, the tenant has no right to complain to the representative.
14. Privacy statement
The tenant provides his personal information voluntarily. The personal data of the tenants are required in the context of the process of realization, the requested service. These data will continue to be used for communication. The representative undertakes not to transfer the personal data of the tenants from the state or to pass them on to a third person, except for the purpose of the realization of the requested service. The personal data of the tenant will be kept in the database, in accordance with the decision of the Board on the way of collecting, processing and preservation of personal data. The tenant agrees that his personal data may be used for the marketing purposes of the representative.
15. Court in charge
The tenant and the representative will endeavor to resolve any disputes relating to the application of this contract by mutual agreement, otherwise they will submit to the decision of the competent court in Split, whereby the administration of justice of the Republic of Croatia shall prevail.