General terms

GENERAL CONDITIONS OF RESERVATION OF AN ACCOMMODATION

1. INTRODUCTION
"Montona tours" tourist agency, Kanal 10, 52424 Motovun (further in the text: Montona tours), guarantees the authenticity of the graphic and date review related to the accommodation unit characteristics in its offer available at www.montonatours.com as well as the authenticity of the conditions of the same offer.
The agency will ensure the accommodation in the reserved accommodation units at the reserved time, except in the case of unexpected circumstances (war, riots, strikes, terrorist attacks, sanitary problems, natural disasters, official interventions, etc.).
By renting one or more accommodation units from the offer of Montona tours the client enters a legal relationship with Montona tours, and confirms that he accepts the General conditions of reservation of an accommodation (further in the text: General conditions), which are presented here. All the details published in the arrangement represent a legal commitment of the client as well as the agency. Since these conditions are the basis for solving all the possible conflicts between the client and Montona tours, the client has to read them carefully.

2. RESERVATION REQUEST
If the client cannot find an accommodation that meet his expectations he should send his request to Montona tours by mail at ( info@montonatours.com). Each request must contain the information that will enable the agency to create an offer (period of his vacation, number of people, their age, destination and any other information important for the client). The client can also contact the agency by phone but his request must still be sent by e-mail.
Once the client has chosen a specific accommodation he can request the reservation. Reservation applications are done by filling up a simple form available on the Montona tours web site, or directly at the agency. During the application process the client has to give all the necessary information required by the application form if he is filling in the online application, i.e. he has to show all the required documents if he is personally reserving a unit in the agency.

3. PROTECTION OF PERSONAL INFORMATION
The client gives his personal information on his own free will. These data are necessary in order to realize the reservation and to contact the client. Montona tours will not provide the personal information of the client to a third party, except for the purpose of achieving the reservation.

4. PAYMENT
The client can realize the payment by bank transfer or by credit card (the client bears the bank charges). The client must realize the payment of 30-50% of the total price to confirm his reservation.
The client can pay the remaining amount in different ways:
• the day of arrival in cash directly to the owner of the accommodation,
• the latest one month before his arrival on the account of Montona tours,
• the day of arrival at the agency Montona tours.
It is necessary in some cases (for example reservation with a total amount of 300 €, or 30 days prior to arrival) that the client realizes the total payment to confirm his reservation.
The client will be informed of the exact amount of the deposit and the way of payment when receiving the invoice.
If the transferred amount is not deposited on the bank account of the agency before the arrival of the client, the client will have to send the client will have to send the agency the confirmation of the performed bank transaction (SWIFT). If he wants to avoid additional bank charges for issuing the SWIFT confirmation, he has the possibility to send declaration of payment duly completed and signed, as well as a copy of his identity card or his passport, the agency will then send him the voucher.
By making the payment of the reservation the client certifies that he is aware of the characteristics and conditions under which the accommodation is sold. Once the payment is done everything included in these conditions lead a legal obligation for both the client and Montona tours.

5. SOJOURN TAX/TOURIST TAX
According to the Law on sojourn tax of the Republic of Croatia, the Client is obligated to pay the sojourn tax along with his/her accommodation payment. According to the Law on sojourn tax of the Republic of Croatia, the sojourn tax is from 2,00 to 7,00 Kuna per person per day for adults. Adolescents from the age of 12 to 18 (but not after they have turned 18) are entitled to a 50% discount, while children under the age of 12 are exempted from paying the sojourn tax. The total amount of the sojourn tax for a specific reservation is determined by the destination in the Republic of Croatia as well as the accommodation service dates and is charged according to these General Terms simultaneously with the accommodation service final payment. If the reservation destination is in a foreign country, the sojourn tax calculation and payment succumb to the laws of the country in question.

6. CONTENTS AND PRICE OF THE ACCOMMODATION
The prices announced on Montona tour’s website vary between accommodations, and are given for each accommodation unit. Prices are quoted in euros and/or in kunas (for cash payment/money order). On the invoice, will be as well expressed the equivalent value in Kuna of the paid services. The indicated prices for hotel accommodation and include only those services that are described with the chosen accommodation unit. The indicated prices for the private accommodation include: daily rental of the accommodation, sheets, equipped kitchen with crockery and cutlery (except when the client reserves a room without kitchen), and expenses: gas, water and electricity (except for accommodation that states otherwise).
Additional services are services that are provided with the accommodation but are not included in the rental price (food, use of a washing machine, boat rentals, etc.). The client must pay for each service individually and only if he uses them. If Montona tours knows the prices of services they will be shown on its website. If Montona tours does not know the prices of services they will have to be set directly with the service provider. Most services must be paid directly to the service provider, but some must be paid at time of booking confirmation.
While most services are optional some are mandatory (e.g. final cleaning, client’s declaration, in some cases transportation to the accommodation etc.).
Since the availability of the accommodation may depend on additional services (such as the presence of pets, the use of additional beds, etc.), and that services are not always available (e.g. boat rental, the use of the Internet, etc.), the client is obliged to report any additional service when making the reservation.
In some cases the client will have to leave a bond in cash to the service provider. This bond is a guarantee for the service provider that the client will not cause any damage in the accommodation. If on the day of departure of the client the service provider agrees that the accommodation has not been damaged, he will refund the entire amount to the client.
The client will be informed if he has to leave a bond and of any compulsory service, as well as the way of payment, when receiving the invoice.
Montona tours can change the prices on its website in case that the service provider changes the prices of the accommodation and/or of the additional services. If the price of a certain accommodation unit changes after the client has applied for it and before the advance payment, the agency is required to inform the client of the change and upon their approval, send them another calculation.
In case that the price changes after the advance payment has been made, and if guest does not accept new price calculation, Montona tours will offer him alternative accommodation or reimbursement of money. If Montona tours or the service provider reduces the price of the accommodation after the client has realized the first payment, the client will not be able to obtain the new price, lower than the one he paid.
The contracting parties agree that Montona tours can increase the prices before the beginning of the reservation in case that the exchange rate is modified for more than 5%, or in case of increase of the price of other expenses affecting the price of the service, and that Montona tours did not know and could not know. The client has the right to cancel his reservation if the price is then increased by more than 10%. In this case the client can request a refund of the price he paid but can not receive any additional compensation. The amount is returned to the client's bank account. All the specified prices refer to the stay in the accommodation unit longer than four nights. For a shorter period of stay the price can be increased by 20-50%.

7. CATEGORIZATION AND SERVICE DESCRIPTION
The offered accommodation units are classified according to the official categorization of the local tourism organizations at the time of release of the work permit, and according to the conditions of the accommodation unit at the time of the visit and the processing by our personnel.
The standard of accommodation, food, and other services are particular to places and countries, they are different and cannot be compared. The information the client receives on the place selling the accommodation does not oblige the agency more than the information published on its web site.
The allocation of rooms/apartments in hotels is done by the hotel reception. If the client did not contract a room/apartment with special features, he will accept any room/apartment allocated to him in accordance with his voucher.
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 client is to arrive into a clean and tidy accommodation unit, where clean bed linen will be expecting him. For the clients staying more than one week, extra bed linen will be provided. The service provider has no obligation to provide towels.
The client can take possession of the accommodation unit the day of arrival after 2 pm, and must leave it on the last day of his reservation the latest at 10 am. The owner of the accommodation unit will then have 4 hours to prepare it for the next client.
The keys are given to the client by the service provider himself, at the accommodation unit or in Montona tours agency.

8. AGENCY'S RIGHT TO CHANGES AND CANCELLATION
The agency can suggest changing the reserved accommodation unit or canceling it completely or partially, if before or during vacation unexpected circumstances occur which cannot be avoided or removed (e.g. sanitary disorders, etc.). If these same circumstances occurred at the time of publishing and selling the program, the agency would consider them a legitimate reason for not publishing the offer and consequently for not receiving applications and reservation confirmations of the specified accommodation units.
If the agency is able to offer the client an alternative accommodation, the change of the reserved accommodation can be made only with the client's agreement. If the alternative accommodation unit is cheaper than the accommodation unit reserved by the client, Montona tours will refund the difference to the client, Montona tours bears the bank charges. If the alternative accommodation unit is more expensive than the accommodation unit reserved by the client, Montona tours can charge the client for the price difference.
The agency will inform all the clients who have confirmed their arrival by paying for the reservation of any changes in the reservation or cancellation of the reservation immediately upon the occurrence of the unexpected circumstances. If the agency is not able to find an alternative accommodation, it has the obligation to return the whole paid amount to the client, Montona tours bears the bank charges and will increase this amount for the bank charges that the client already paid. The client must then send to the agency the document indicating the amount of the bank charges he paid.
This article applies only if the unexpected circumstances are not caused by a case of majored force, and they concern only the reserved accommodation. If the change or the cancellation of the reservation is due to a case of majored force, the Article 10. will be applied.

9. CLIENT'S RIGHT TO CHANGES AND CANCELLATION
The client can change a reservation already confirmed only if the service provider accepts the change. These changes may include: change of the name of the person responsible for the booking, dates of the reservation, number of persons, their age and type of basic or extra services booked. The client must send his request to change the reservation in writing (by e-mail, fax or by mail). The client agrees to pay the amount of 15 Euros per change (the client will receive a new bill).
If the client want to cancel his reservation, he must send his request in writing (by e-mail, fax or by 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 100 days before the start of using the reserved service, the total amount of the money is returned to the client at the expense of the receiver.
• For a cancellation occurring from 90 to 80 days before the start of using the reserved service the agency charges 25% of the total price of the reserved accommodation. The rest of the money is returned to the client at the expense of the receiver.
• For a cancellation occurring from 79 to 57 days before the start of using the reserved service the agency charges 50% of the total price of the reserved accommodation. The rest of the money is returned to the client at the expense of the receiver. 
• For a cancellation occurring from 56 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 client 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.
If the client who cancels the reserved accommodation unit finds a new client for the same reservation, the agency charges only the costs caused by the change.
If the reservation is canceled following the death of the client (person in charge of the booking) or of a member of his immediate family, Montona tours will charge the minimum amount of cancellation fees (25%). This is also valid if the reservation is canceled following the death of a member of the group or a member of his immediate family (spouse, brother, sister, parents or children), in case that the agency has been informed that this person is part of the group.
The client must then send to the agency the death certificate, and if necessary the certificate of family relationship between the deceased and the client, or member of the group.
Immediately upon determining the correct amount to be returned to the client, the agency will make the payment on the client's bank account, the client bears the bank charges.
If the client cancels his reservation for any other reason, the cancellation fee will be calculated as indicated above depending on the date on which the agency receives the notification of cancellation.
If the client does not show up at the accommodation the latest at 8 pm on the day of arrival and did not inform Montona tours or the service provider about his delay, the reservation will be considered cancelled and the costs cancellation will be calculated as a cancellation on the day of arrival. If the service provider has in the meantime accepted other clients, no claim will be accepted by the client and the agency will not refund him the amount he paid.

10. AGENCY'S OBLIGATIONS
The agency has the obligation to carry out the services as well as to select the service provider giving it all the necessary attention, and also the agency is to take care of the rights and interests of the client in accordance with the good habits in tourism.
The agency is responsible that the client receives all the services he paid for, and thus is responsible to the client for any possible non-fulfillment of the services or a part of the services the client paid for.
The agency is not responsible if the failure of the service is due to a case of majored force in the client's country or in the country where the service has to be realized (war, riots, strikes, terrorist attacks, natural disasters, official interventions, etc.), and results in the impossibility for the client to stay in the accommodation unit he reserved. In this case the client is not reimbursed of the amount he paid, and this amount cannot be used for another service that the client would like to reserve in another place or at other dates.

11. CLIENT'S OBLIGATIONS
The client has the obligation:
• to possess valid travel documents for each person (including travel documents for children and documents required for pets). The cost of loss or theft of these documents is borne by the client;
• to respect the customs and laws of the Republic of Croatia as well as those of other countries in which the client will pass during his journey;
• to check whether he needs a visa to enter the Republic of Croatia or through other countries. Montona tours can not obtain a visa for the client, and has the right to keep the amount paid if the client could not enter the Republic of Croatia since he could not obtain a visa;
• to pay the last amount on his day of arrival directly to the owner or in the agency, if he has not already paid it;
• to present to the provider of service, on his day of arrival at the accommodation, the voucher with the correct number of persons and type of services to be provided;
• to arrive at the accommodation with the number of people and the exact composition of the group that he declared to the agency. If more people arrive at the accommodation than the number indicated on the voucher, or if the group is different, the service provider can refuse people not announced or request that they pay a supplement;
• to declare any pet when booking to get the agreement of the service provider. He can refuse that the clients stay in the reserved accommodation if they have not announced the pets at the time of the booking;
• to respect the house rules of reserved accommodation unit, and cooperate with the hosts with good intentions.
If the client does not respect the above stated obligations, it can be refused that he stays in the reserved accommodation unit and in this case he will not be reimbursed of the amount he paid and will not get any compensation.

12. TRAVEL INSURANCE
The cost of the trip does not include the travel insurance "package": insurance against accidents and illnesses that may occur during the trip, damage or loss of luggage or voluntary health insurance. When confirming the reservation online, the client has accepter these General conditions by selecting a payment method and completing the reservation confirmation process. The same applies to reservations confirmed and completed via e-mail.
In case of cancellation of the reservation due to disease, hospitalization, or death of the client before or during the stay, the agency does not refund the expenses of cancellation. In this case the agency will calculate the expenses of cancellation as indicated in the article 9. Should the client request additional insurance, arrangements can be made directly with the insurance company or at the Agency itself wherein the Agency acts only as a mediator.
Please read the insurance Terms and Conditions carefully before purchase.

13. THE LUGGAGE
The luggage is carried at the risk of the client, thus we recommend insuring the luggage in an insurance company.
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 client should report it to the host or to the nearest police station.

14. OBJECTION RESOLVING
The client may claim for any errors related to photographs or information published on the site for the reserved accommodation unit, except when this error is to the advantage of the client. The client can also complain on cleanliness and disorder of the reserved accommodation unit.
The client cannot complain on information given on the website of Montona tours and that he did not noticed, or any information that he was warned by the staff of Montona tours.
The client cannot complain on any other fact, including bad weather, the configuration of the beach, the cleanliness of the beach, the cleanliness and equipment of the place of destination, the cleanliness and the temperature of the sea, any other similar situation or event that may cause client dissatisfaction, and is not connected to the quality of the reserved accommodation (e.g. local problem of water supply, pipeline problem, crowds, theft or damage to personal property, etc.).
Any justified complaint will be resolved on the spot, and if it is not possible, another accommodation unit will be proposed to the client. If the service provider can not solve the problem emphasized by the client, and Montona tours cannot propose any alternative accommodation, the amount paid will be refunded to the client, Montona tours will bear the bank charges. The client cannot receive more than the amount he paid. The client must first confirm that he will not ask for compensation of material or non-material damage (such as bank charges for the realization of payment, telephone bills, gasoline costs, loss of time, stress, psychological damage, etc.). Each client - reservation holder must file a complaint separately.

The client is obligated to file a complaint on the day of his/her arrival at the location of the service provider (receptionist or accommodation unit owner and the like) and to inform the Agency office in Motovun either by email info@montonatours.com  or by phone at +385 52 681 970. The client is obligated to cooperate with the Agency representative as well as with the service provider in a well-intentioned manner so that the cause of the complaint can be resolved. Should the client accept the proposed solution which corresponds with the service rendered on the spot, the Agency is not obligated to take additional complaints into consideration

If the problem is not resolved on the spot following an intervention, the Client is obligated to submit a written complaint along with supporting documents as well as any photographs to support the complaint to the agency by e-mail at info@montonatours.com  or to the following address Montona tours d.o.o. Kanal 10, HR-52424 Motovun, no later than 8 days following the return of the Client from his/her trip. The Agency shall only take into consideration fully documented complaints which are received within the 8-day deadline.

Until a decision has been made by the Agency, in other words for the duration of the 14/28 days after the complaint has been filed, the Client relinquishes the right to involve a third party, the arbitration of the UHPA or other institutions, publicly disclosing information as well as filing suit. The highest amount of compensation per complaint can amount to the complaint portion of the service and cannot encompass the used portion of the service or the total amount of the service. This excludes the Client's right to be compensated for ideal damages.

15. COMPETENCE OF COURT
The parties will attempt to resolve any disagreement amicably. If they could not agree they should bring the case to court in Pazin.
For all that is not specified in these General conditions, the legal regulation of the Republic of Croatia will be applied.

Motovun, 01.09.2011.

 

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