General Terms for the provision of accommodation services & House Rules
CONTENT OF GENERAL TERMS FOR THE PROVISION OF ACCOMMODATION SERVICES
The General Terms for the provision of services are a component part of the Contract for the provision of accommodation (hereinafter: the Contract) between the Aquarius Online, Sole Proprietorship for Internet Tourist Agency Services, Kalinovica 3a, 10000 Zagreb, Croatia (herinafter: the Agency) as the authorized agent, and the guest who accepts the offered and selected tourist accommodation (hereinafter: the Guest). All the provisions of the General Terms apply to the Guest as well as to the Agency. The General Terms are available at the Agency’s website specialized for online sales, www.aquarius-online.com (hereinafter: the Aquarius Online Portal).
These General Terms are the basis for resolution of any disputes that may arise between a Guest and the Agency. It is therefore recommended that Guests read these General Terms carefully before processing payment for their reservation.
DESCRIPTION OF THE ACCOMMODATION UNIT
Accommodation units presented at the Aquarius Online Portalu are described based on review by the Agency of the actual state of the respective accommodation units. The types and designations of accommodation units include:
A – Apartment; an accommodation unit comprising one or more rooms, a kitchen and at least one bathroom. There may be other apartments and/or studio apartments and/or rooms in the building where the apartment is located. The owners of the apartment usually live in the building where the apartment is located.
SA – Studio Apartment; an accommodation unit in which there is a sleeping area, living room, eating area and kitchen in one room, or the sleeping area is located in a gallery. Studio apartments have their own bathroom. There may be other apartments and/or studio apartments and/or rooms in the building where the studio apartment is located. The owners of the studio apartment usually live in the building where the apartment is located.
R – Room; an accommodation unit with sleeping area provided. The majority of rooms include their own bathroom. A small number of rooms include the use of a shared bathroom. A room may also include the use of a shared kitchen. If there is a charge for the use of a shared kitchen, this requirement to pay extra is indicated in the description of the accommodation unit.
There may be other rooms and/or apartments and/or studio apartments in the building where the room is located. The owners of the room usually live in the building where the room is located.
The capacity of an accommodation unit relates to the total number of beds available in the accommodation unit. The total number of beds comprises the main and spare beds. The arrangement of beds in the rooms, or the appearance of the respective beds can be viewed under “Room”, or in the photos and virtual tours of each accommodation unit.
The characteristics described and information provided to the Guest at the Aquarius Online Portal are the only characteristics and information that are binding for the Agency.
METHOD OF SALE, FEATURES AND PRICE OF ACCOMMODATION SERVICES
The Agency carries out sales in respect of accommodation capacity exclusively on behalf and for the benefit of the owner of the accommodation capacity (hereinafter: the Service Provider). The Service Provider is required to hold and maintain a license for the rental of accommodation units.
The Agency carries out sales in respect of accommodation capacity with certain characteristics. The accommodation characteristics that are relevant are those described in relation to a respective accommodation unit at the Aquarius Online Portal. Characteristics include the number of bedrooms, capacity, air conditioning, television, use of Internet and similar.
The Agency vouches for the authenticity of the photographic representations and data relating to the characteristics of the accommodation in its portfolio, and which are available on the Aquarius Online Portal, as well as the authenticity of the conditions under which they are offered.
The price of the accommodation is indicated with each accommodation unit and includes: daily rental of suitable accommodation, tourist duty, consumption of electricity and water and final cleaning. The price of the accommodation includes value added tax. The Special Services defined below are not included in the price.
All prices indicated at the Aquarius Online Portal relate to stays of 4 nights or longer. For stays of 3 nights or less, a 30% higher price will be charged.
Accommodation prices are indicated in euros. Payment will be processed in the kuna countervalue. The Agency has the right to change the published prices if the prices are changed by the Service Provider.
Guests accept that the Agency has the right to increase the price prior to commencement of the utilization of services if subsequent to the reservation the euro exchange rate has changed by more than 5%. The Guest has the right to cancel the reservation if the change in price amounts to more than 10%. In this case, the Guest has the right to receive reimbursement in the amount of payments made with no right to claim damages. Funds will be returned to the Guest’s bank account or credit card with which the payment was made, at the Agency’s expense.
Children’s accommodation includes children up to 6 years of age who do not require a separate bed. The accommodation of children 7 years old and older is not considered to be children’s accommodation and requires a separate bed.
Special Services are services available with an accommodation unit, but that are not included in the price of the accommodation. Special Services include the use of air conditioning, the acceptance of pets and similar, unless the description of the accommodation unit indicates that these services are included in the price of the accommodation.
The above-mentioned Special Services are paid for by the Guest upon arrival at the accommodation unit. When the Agency has information of possible Special Services and the price of these services in advance, the Agency will indicate these in the description of the accommodation unit on the Aquarius Online Portal. If the Agency has no information of possible Special Services and the price of these, the Guest will agree these directly with the owner of the accommodation unit upon arrival.
When a Guest wishes to bring a pet to an accommodation unit that accepts pets (regardless of whether additional payment is necessary or not), it is necessary to notify the Agency in advance via email of the type of animal, its age and size. Only after receiving approval through email, does the Guest have the right to bring an announced pet to an accommodation unit.
Optional Services are services which the Agency promotes and/or sells on behalf and for the benefit of a service organizer at the Aquarius Online Portal and are not related to the offer of rented accommodation unit. Optional Services include tourist excursions to national parks, nature parks and similar.
Promoted and recommended amenities include beaches, sport-recreational activities, cultural-entertainment events, sports events, natural and cultural heritage sites and similar which the Agency promotes and recommends to a Guest (hereinafter: Amenities). Agency employees collect all information relating to Amenities. The Agency undertakes to ensure that this information is as accurate and correctly presented as possible. However, the Agency accepts no responsibility for the accuracy or completeness of the information about Amenities. All promoted and recommended Amenities are utilized at one’s own risk.
RESERVATION AND PAYMENT
Reservation of accommodation can be made exclusively electronically through the Aquarius Online Portal. A reservation is only considered booked after the Guest has processed payment through the Aquarius Online Portal of 30% of the total amount of the price of the accommodation arrangement. Upon payment of the respective reservation, the Guest will receive a receipt for the paid amount by email. The Guest will also receive an email with a voucher containing: the full name of the Guest who is the holder of the reservation, the number of people who will be utilizing the accommodation services along with the reservation holder and who are 7 years old or older, the number of people who will be utilizing the accommodation services with the reservation holder who are 6 years old or younger, the period of the arrangement, the location of the arrangement, the name of the accommodation facility, the accommodation unit code, the total amount of the paid reservation denominated in the euro countervalue, the remaining amount of the full price of the accommodation denominated in the euro countervalue and which the Guest is to pay directly to the owner upon arrival at the accommodation unit and the full name and address of the owner of the accommodation unit. In the accompanying email there will also be information regarding the telephone number where a Guest can make enquiries in Croatian and English during their stay in Croatia, and the hours during which enquiries can be made.
Guests accept that the Agency shall not compensate for any accrued interest related to the booking fee where the booking fee is paid 30 days or more in advance of the commencement of utilization of the accommodation services.
With payment for their reservation, the Guest confirms that he or she is fully aware of all characteristics of the accommodation and the conditions under which the accommodation is offered. With payment for the reservation the Guest confirms acceptance of the General Terms for the provision of accommodation services. From the moment reservation is made the General Terms for the provision of accommodation services are legally binding for the Guest and for the Agency.
The guest shall pay the owner the outstanding portion of the full price of the accommodation arrangement before leaving the accommodation unit. The payment shall be made in kunas, according to the middle exchange rate of the Croatian National Bank on the date of payment.
On the day of commencement of the stay, the Guest shall arrive at the accommodation unit after 2:00 pm. The Guest will receive keys to the accommodation unit from the Service Provider. The Guest shall leave the accommodation unit on the last day of the stay by 10:00 am. The Guest will return the keys to the Service Provider before leaving.
In case of late arrival, the Guest must notify the Agency at the number provided on the voucher no later than 9:00 pm
THE AGENCY’S RIGHT TO MAKE CHANGES OR TO CANCELLATION
The Agency accepts responsibility for ensuring accommodation for the Guest in the rented accommodation unit in the reserved period, except under exceptional circumstances (war, unrest, strikes, terrorist activities, sanitation disturbances, natural disasters, intervention by the competent authorities and similar).
The Agency may propose alternative accommodation unit reservations, or entirely or partially cancel accommodation in a rented accommodation unit if prior to the period of the stay exceptional circumstances arise which were not possible to avoid or eliminate, and which, had they appeared at the time of promotion and sale, would have been fully justifiable grounds for which the Agency would not have initiated sale of the same, the Agency is required to inform all Guests who have confirmed their arrival with payment for their reservation of the change in or cancellation of the reservation as soon as the exceptional circumstances arise, and where it is not possible to arrange alternative accommodation to refund the amount of the unrealized services less agency administrative fees.
THE GUEST’S RIGHT TO MAKE CHANGES AND TO CANCELLATION
If a Guest wishes to make changes to or cancel a reservation made at his or her request, this must be done through email. Changes include a change of the date of commencement and/or end of utilization of services no later than 30 days prior to the commencement of utilization of services. The first change to a reservation, if it is possible to make without additional charges, will be made free-of-charge. For each subsequent change to a reservation, a fee will be charged in the amount of EUR 15 per change. If it is not possible to change the reservation, and if as a result the Guest cancels his or her reservation, the conditions for cancellation of reservation set out below apply. A change of accommodation unit and any change within 30 days prior to the commencement of the stay and during the stay are considered cancellation of reservation.
In case of cancellation of reservation of accommodation, the date of receipt of notification by email of the cancellation represents the basis for calculation of cancellation charges as follows:
- For cancellation of a reservation up to 30 days prior to the commencement of utilization of services, 15% of the total price of the reservation will be charged, with a minimum charge of EUR 15.
- For cancellation of a reservation from 29 to 0 days prior to the commencement of utilization of services, 100% of the total price of the reservation will be charged.
- For cancellation of a reservation during the reserved period, 100% of the total price of the reservation will be charged.
If a Guest needs to cancel a reservation within 29 days prior to the commencement of utilization of services, the Agency offers the Guest the option of finding an alternative Guest for the same reservation, if possible (this depends on the end Service Provider). The new User of the reservation accepts all obligations set out in these General Terms.
If a Guest does not arrive by midnight on the day of commencement of services, and has not notified the Agency by email or telephone, the reservation shall be considered cancelled and the cancellation charges described above apply. If the actual cancellation charges incurred exceed the above-mentioned charges, the Agency maintains the right to charge for the actual costs incurred.
The Agency will not reimburse the Guest for any charges incurred in obtaining travel documents or visas relating to a reservation.
RESPONSIBILITIES OF THE AGENCY
The Agency is responsible for taking care of the provision of services as well as the selection of service provider with the care of a good businessman, and to take care of the rights and interests of the Guest in accordance with acceptable tourism practice.
The Agency is responsible for ensuring that the Guest receives accommodation in the rented accommodation unit, and is liable to the Guest in case of any potential lack of execution. The Agency accepts no responsibility for any damage, theft or loss of items during the Guest’s stay in the accommodation unit.
The Agency accepts no responsibility where there is a change or lack of execution of the purchase accommodation services due to force majeure. In case of force majeure the Guest shall pay any additional charges.
RESPONSIBILITIES OF THE GUEST
It is the responsibility of the Guest:
- upon arrival at the accommodation unit, to present to the Service Provider the voucher indicating the precise number of people and type of accommodation to be provided
- to arrive at the accommodation unit with the number of people indicated; if a Guest arrives with a greater number of people than announced, the Service Provider has the right to deny service to the unannounced guests
- to announce and receive approval from the Service Provider for bringing a pet, as stipulated in Special Services above; if a Guest does not receive approval from the Service Provider, the Service Provider has the right to deny accommodation services
- to inform the Agency of any important circumstances and facts of significance to his or her stay in the accommodation unit (e.g. a larger than standard bed and similar)
- to respect the house rules in the rented accommodation unit, and which are published at the Aquarius Online Portal as well as to cooperate with the Service Provider in good faith
- to hold valid travel documents; the costs of loss or theft of documents during a stay shall be borne by the Guest
- to respect customs and foreign currency provisions of the Republic of Croatia
- to leave the accommodation unit by 10:00 am.
In case of breach of these responsibilities, the Guest shall bear any charges and be held responsible for any damages. With the purchase of accommodation services in an accommodation unit, a Guest agrees to pay the Service Provider directly for any and all damage caused by the Guest.
TRAVEL CANCELLATION INSURANCE
The price of the accommodation unit does not include cancellation insurance.
The price of the accommodation unit does not include travel insurance.
A Guest has the right to complain only in cases:
- where the accommodation services provided in the accommodation unit are not those purchased by the Guest through the Aquarius Online Portal
- of inaccuracies in the photos or data published in relation to the rented accommodation unit (except where the inaccuracy is to the benefit of the Guest)
- untidiness or uncleanliness in the rented accommodation unit.
The Guest waves the right to complain about any facts, data or warnings which are available at the Aquarius Online Portal, and which he or she did not previously notice.
The Agency can not be held responsible for any climactic conditions, cleanliness or temperature of the sea at any destinations, or any similar situations or events which might cause dissatisfaction for the Guest, and which are not directly related to the quality of the rented accommodation unit (e.g. bad weather, poorly organized beach, heavy traffic, theft or damage of property or similar).
Complaints must be lodged on the Guest’s day of arrival. Exceptionally, if the Guest arrives at the destination after 9:00 pm, a complaint may be lodged until 1:00 the next day. Any complaints lodged after the deadline will not be taken into consideration, as it will be assumed that these are speculative in nature.
The Agency will have a period of 3 hours to consider and respond to the complaint. If the Agency does not respond to the complaint within this deadline, the Guest has the right to leave the accommodation unit and the Agency shall be required to refund the payment at the Agency’s expense. The Guest waves any right to request reimbursement of any related costs (banking fees, travel expenses, mental anguish or similar).
If the complaint is founded, the Agency is permitted 8 hours in which to resolve the issue. The period between 9:00 p.m. and 8:00 a.m. is not included in this deadline. The Guest agrees to cooperate with the Agency and the Service Provider in order to resolve the complaint. If the Guest does not accept the resolution for the complaint that is in line with the characteristics of the rented accommodation unit, the Agency is not required to respond to subsequent complaints from the Guest.
If the complaint can not be resolved for justifiable reasons, the Agency agrees to provide alternative accommodation. The measure for comparison of the initial and the alternative accommodation is the price indicated on the Aquarius Online Portal. A comparable price is a price that is higher, or up to 15% lower than the initial price. A higher price for an alternative accommodation unit compared to the initial accommodation will be borne by the Agency. By accepting suitable alternative accommodation, the Guest waves his or her right to demand reimbursement of the payment. If the Guest does not accept suitable alternative accommodation, the Agency is not required to respond to a subsequent complaint from the Guest.
If the Agency does not resolve a complaint about an accommodation unit within the 8 hour deadline or the Guest is not offered alternative accommodation, the Guest has the right to leave the accommodation unit, and the Agency will provide the Guest with a full refund at the Agency’s expense. The Guest waives the right to request reimbursement of related costs (banking fees, travel expenses, mental anguish and similar).
If the Guest is not satisfied with the conditions on the spot, and leaves to accommodation to find alternative accommodation on his or her own, the Agency does not offer to resolve the Guest’s dissatisfaction or to potentially find alternative accommodation within the prescribed deadline of 8 hours, nor may the Guest request a refund or claim for damages, regardless of whether the Guest’s reasons were valid or not.
Complaints shall be submitted to the Agency exclusively by phone at the number provided on the voucher. If the Guest does not own or does not wish to use their mobile phone, the Service Provider’s can be used. If the Guest is not able to reach the Agency with the first call, it is recommended that that the Guest try calling again, as any complaints received after the prescribed deadline will not be taken into consideration. The Agency will also respond to complaints by telephone.
If the Agency responds to the complaint in the negative, or assesses the complaint as unfounded, The Agency will not undertake to remove the cause of complaint. In this case, the Guest may continue to stay in the accommodation unit under the originally contracted conditions. By deciding to stay in the rented accommodation unit, the Guest waives the right to request a refund of their payment. If the Guest does not accept the negative response from the Agency, he or she should not continue to reside in the accommodation. Within 7 days of the last day of the paid stay in the accommodation unit, the Guest is required to file a complaint by email. The complaint should contain all accompanying documentation (e.g. photos, etc). Incomplete complaints and complaints that are not submitted by email will not be taken into consideration. The Agency is required to deliver a written response to a Guest’s duly filed complaint withing no more than 10 days from the date of receipt of the complaint. Before the Agency has responded to the complaint, or proposed a solution, the Guest shall refrain from seeking mediation by any other person, UHPA arbitration, court or providing information to the media. If the Guest does otherwise, the Agency has the right to seek compensation for damages that these actions might cause, regardless of the merits of the Guest’s complaint.
PROTECTION OF PERSONAL DATA ENTERED DURING PAYMENT
The Agency uses a payment system owned by PBZ Card. All personal information entered by the Guest through the Aquarius Online Portal, and for the purpose of processing payment through the PBZ Card system for online payment are not accessible by the Agency and the Agency is not able in way to store or use this data.
PROTECTION OF PERSONAL DATA ENTERED DURING REGISTRATION ON THE AQUARIUS ONLINE PORTAL
Personal data entered by a Guest during registration at the Aquarius Online Portal shall only be used for the realization of accommodation services for the Guest and for the purpose of communication between the Agency and the Guest. The Agency agrees to collect only essential, basic information about the Guest for the purpose of realization of the accommodation services for the Guest. The Agency agrees not to use this information for any further activities without without first obtaining the express consent of the Guest. Employees and partners of the Agency are responsible for compliance with the principles of protection of privacy.
The Guest and the Agency shall endeavor to resolve any disputes that may arise in respect of this contract through mutual agreement; otherwise, disputes shall be subject to the judgement of the competent Municipal Court in Šibenik and the laws of the Republic of Croatia shall apply. In case of a dispute, the General Terms in Croatian language shall take precedent.
In Šibenik, 12 June 2013
In order to make your stay as pleasant as possible and to avoid any potential misunderstanding, we ask that you read the House Rules that apply to all accommodation units that are presented at the Aquarius Online tourism portal. It shall be assumed that you have read and are familiar with these House Rules before processing payment for your reservation and that you shall fully adhere to these during your stay in the accommodation unit booked through our website. Any instance of non-compliance with the House Rules may result in the cancellation of the accommodation arrangement.
- Upon arrival at the accommodation unit, the Guest shall present his or her voucher to the owner of the accommodation, which specifies: the number of persons who are entitled to accommodation in the unit, the unit code, the duration of the stay in the unit, the amount paid through the reservation and the remaining amount to be paid directly to the owner of the apartment before leaving.
- Upon arrival at the accommodation unit the Guest shall provide the Host with identification documents (for a foreign visitor, this is a passport, and for guests from Croatia this is either a passport or an identification card) for all persons for the purpose of registration of the guests with the local Tourist Board office.
- Guests are required to observe night time peace and quiet in the period from 11:00 pm to 8:00 am, and midday peace and quiet from 2:00 pm to 5:00 pm.
- Guests are required to maintain order and cleanliness in the accommodation unit. The owner of the accommodation is not required to clean or tidy up during a guest's stay, or to remove refuse from the accommodation unit.
- The owner of the accommodation unit shall change the bed linen once a week.
- The owner of the accommodation unit bears no responsibility for any loss of a guest’s items or valuables.
- The owner of the accommodation unit has no right to enter the rented accommodation unit during the Guest’s absence. Exceptions to this rule are special circumstances in which it is necessary to enter the accommodation unit in order to prevent the occurrence of possible harm or danger. The owner shall notify the Guest as soon as possible upon having entered the unit. In case of justified suspicion on the part of the owner of the accommodation unit that damage has occurred, the Guest is required to allow him or her to enter the accommodation unit in order to check the situation.
- Guests may bring a pet only with the prior consent of the owner of the apartment. The Guest is required to ensure that the pet does not damage the furniture and furnishings in the facility, and to immediately clean up any droppings in the apartment, house or yard.
- Weapons, flammable and explosive substances and substances with a strong or unpleasant odor or any appliances for food preparation (hot plate, etc.) or other electrical appliances (fans, etc.) are not permitted in the accommodation unit without the approval of the owner of the accommodation unit.
- Moving of furniture between rooms and or moving equipment from one accommodation unit to another, outside the house or to the beach, is not permitted.
- It is mandatory to close sun shades, turn off lights and electrical appliances (particularly air conditioners), to close gas valve installations and water taps before leaving the accommodation unit.
- It is mandatory to close doors and windows during the use of air conditioning.
- The disposal of waste in toilets, sinks or basins, or in any place not designated for waste disposal is forbidden.
- No one who is not a registered guest of the accommodation unit is permitted to enter the accommodation unit without the express permission of the owner of the accommodation unit.
- Guests who intentionally or unintentionally cause damage to property shall indemnify the owner of the accommodation unit.
- Guests may enter the accommodation unit after 2:00 pm.
- Guests are required to leave the accommodation unit by 10:00 am. Guests are required to leave the accommodation unit in the same condition in which they found it upon their arrival, clean and undamaged.
- In case of late arrival, the Guest must notify the Agency at the number provided on the voucher no later than 9:00 pm.