General Terms and Conditions – Accommodation service
OPĆI UVJETI PRUŽANJA USLUGA SMJEŠTAJA
The tourist agency “Montona tours”, Kanal 10, 52424 Motovun (hereinafter: Montona tours), guarantees the truthfulness of the image records and data related to the characteristics of the accommodation units from its offer, which are available on the website www.montonatours.com, as well as for the truthfulness of the conditions under which they are offered.
Montona tours undertakes to provide the guest with accommodation in leased facilities during the reserved period, except in case of exceptional circumstances caused by force majeure (war, riots, strikes, terrorist actions, sanitary disturbances, natural disasters, interventions by competent authorities, etc.).
By renting one or more accommodation units from the Montona tours program, the guest establishes a legal relationship with Montona tours and thereby confirms that he agrees with these General Terms and Conditions for the provision of accommodation services (hereinafter: General Terms). Everything published in the arrangement is a legal obligation for both the guest and Montona tours. These General Terms and Conditions are the basis for resolving any disputes between the guest and Montona tours, and therefore the guest is advised to read them carefully before paying the advance payment.
If you are not able to independently book the service that best suits your requirements, you are free to contact the Montona tours staff for help. Inquiries are made by e-mail (email@example.com). Each inquiry should clearly contain the basic criteria on the basis of which the employees of Montona tours will create an offer for you (minimum date, number of people, their age and preferred location, as well as all your special requests). If necessary, you can contact the agency by phone, but the final inquiry must be made by e-mail.
Creating a request for accommodation reservation is done easily on the Montona tours website, by filling out the form provided for it. Applications are also accepted in person, at the office of our agency. When registering, the guest is obliged to enter all the information required in the provided reservation form, i.e. when registering at our Montona tours office, provide all necessary documents to perform the prescribed procedure.
The guest provides personal data voluntarily. The guest’s personal data is necessary in the process of realizing the requested service, and will also be used for further mutual communication. Montona tours undertakes not to take the guest’s personal data out of the company or give it to a third party, except for the purpose of realizing the requested service.
Montona tours undertakes to provide protection to customers’ personal data, in such a way that it collects only the necessary, basic data about customers/users that are necessary for the fulfillment of our obligations; informs customers about the way the collected data is used, regularly gives customers a choice about the use of their data, including the ability to decide whether or not they want their name removed from lists used for marketing campaigns. All user data is strictly kept and is available only to employees who need this data to perform their work. All employees of Montona tours and business partners are responsible for respecting the principles of privacy protection.
Payment for the reservation can be made by payment to the agency’s giro account (payments from the Republic of Croatia), by bank transfer from abroad, by credit card and via WSPay. In order to confirm the reported reservation, the guest pays 50% of the total amount of the reservation depending on the rules of the selected accommodation.
The guest pays the remaining amount up to the total value of the arrangement in several ways:
according to the payment schedule from the offer, and no later than one month before arrival to the bank account of Montona tours
according to the payment schedule from the offer, no later than one month before arrival by card or WSPay
if so defined in the offer, on the day of arrival, in cash, directly to the owner of the accommodation,
if so defined in the offer, on the day of arrival at the office of the Montona tours agency.
In special cases (eg, in the case of a reservation whose total value does not exceed 300 euros or less than 30 days until the use of the service), it is necessary to pay 100% of the total amount of the reservation when confirming the reservation.
The guest will be informed about the amount of the advance payment and the method of payment of the rest of the amount when sending the offer.
By paying for the reservation, the guest confirms that he is fully aware of all the characteristics and conditions under which the specific accommodation unit is offered. Upon payment of the reservation, everything stated in these conditions becomes a legal obligation for both the guest and Montona tours.
According to the valid Residence Tax Act of the Republic of Croatia, the guest is obliged to pay the residence tax simultaneously with the payment of the accommodation service, and at the latest on the day of arrival at the accommodation. Residence tax prescribed by the Law on Residence Tax of the Republic of Croatia. The final amount of the residence tax for a specific reservation depends on the destination in the Republic of Croatia and the period of stay.
The prices published on the Montona tours website vary from object to object, and are specially highlighted next to each accommodation unit. The prices of accommodation units are published in kuna and/or euros and refer to cash payment (payment to giro account). The invoice will also show the kuna equivalent value of the paid service. The stated prices of hotel accommodation include only those services that are described in addition to the selected accommodation units. The listed prices include: overnight service in accommodation units, bed linen, equipped kitchen with the necessary dishes and accessories (unless a room is rented without the use of a kitchen), consumption of water, electricity and gas (with the exception of certain facilities where it is stated that everything is included in the price ).
Additional services are those services that are provided in the accommodation unit, but are not included in the price of its lease (food services, use of the washing machine, boat rental, bike rental, etc.), and therefore the guest pays for them separately and on the condition that they are actually used. and benefits. If Montona tours has a price list of additional services, it publishes it on its website. If Montona tours does not have a price list for additional services, the prices are negotiated directly with the service provider. Most of the additional services are paid by the guest directly to the service provider, while some are paid when the reservation is confirmed.
Although most of the additional services are optional, there are also those of a binding nature (e.g. additional payment for final cleaning, extraordinary transportation to the facility, guest check-in, etc.).
Given that the availability of the desired accommodation depends on some additional services (e.g. food, bringing a pet, use of an extra bed…), and given that all additional services (e.g. boat, boat mooring, internet…) they do not always have to be available, the guest is obliged to declare all desired additional services when creating a reservation request.
In some cases, the guest will have to pay a cash deposit directly to the service provider before starting to use the rented accommodation. The deposit serves as a guarantee to the service provider that the guest in the rented accommodation will not commit any damage. On the day of departure, the deposit will be returned to the guest in full, but only after the service provider has previously determined that the guest has handed over the rented accommodation in the condition in which he took it over.
The guest will be informed about all mandatory surcharges, the exact amount of surcharges for desired services and possible deposits, as well as the method of their payment, at the latest when the offer is sent.
Montona tours reserves the right to change the prices published on the Montona tours website in the event that the service provider changes the price of accommodation and/or additional services. If the price of a specific accommodation unit changes after registration, and before payment of the advance payment, Montona tours undertakes to inform the guest immediately after learning of the change and, with his consent, to send him a new calculation.
If the prices of the accommodation and agreed additional services change after the advance payment, and the guest does not accept the new offered price, Montona tours will offer an adequate replacement of the accommodation or a refund. In the event that the service provider, i.e. Montona tours, lowers the price of the accommodation unit after the guest has confirmed the reservation, the guest is not entitled to a new, lower price.
The contracting parties agree that Montona tours has the right to increase the price before the start of using the service if, after the confirmation of the reservation, there has been a change in the exchange rate of the contracted currency by more than 5% or an increase in other costs affecting the price of the service, of which Montona tours was not aware nor could know. The guest has the right to cancel the reservation if the increase in the agreed price is more than 10%. In this case, the guest has the right to a refund of the amount paid until then without the right to compensation. The money is returned to the guest’s bank account at the agency’s expense.
All prices listed on the website refer to stays longer than four nights. If it is a question of a shorter stay, the price can be increased by 20-50%.
The offered accommodation units are described according to the official categorization of the local tourist organization at the time of issuing the work permit, and by the inspection of Montona tours employees into the actual condition of the accommodation during the processing of the object.
The standards of accommodation, food, services, etc. of individual places and countries are different and not comparable. The information that the guest receives at the point of sale does not bind Montona tours to a greater extent than the information published on the agency’s website.
The arrangement of rooms/apartments in the hotel is determined by the hotel reception. If the guest has not expressly contracted a room/apartment of special shapes, he will accept any room/apartment assigned to him in accordance with his voucher.
Montona tours guarantees that the service provider will provide appropriate kitchen utensils and cutlery in each accommodation unit, in accordance with the number of persons for whom it is intended. Each guest should be admitted to a clean and tidy accommodation unit, and each guest will be greeted with clean sheets. For guests staying longer than one week, sheets will be changed once a week. The service provider is not obliged to provide the guest with towels.
On the day of arrival, guests arrive at the accommodation unit after 4:00 p.m., and on the day of departure, they leave the accommodation unit before 10:00 a.m. The service provider brings the accommodation unit into a state suitable for welcoming new guests within six hours.
The service provider hands over the key to the rented accommodation units to the guests at the facility itself or at the Montona tours office.
Montona tours can propose changes to the reserved accommodation or cancel the rented accommodation facilities in whole or in part if extraordinary circumstances related exclusively to the rented accommodation occur before or during the vacation, which cannot be avoided or eliminated (e.g. sanitary disturbances, etc.), and occurred at the time of publication and sale of the program, would be a justified reason for the agency not to publish the offer, and not to accept applications and confirmations of lease of these accommodation units.
If Montona tours is able to offer the guest alternative accommodation, the change of the reserved accommodation can only be done with the guest’s consent. If the alternative accommodation is cheaper than the canceled one, Montona tours undertakes to return the price difference to the guest at the agency’s expense. If the replacement accommodation is more expensive than the canceled one, Montona tours reserves the right to charge the difference in price.
Montona tours is obliged to inform all guests who have confirmed their arrival by paying an advance payment of a change in the reservation or cancellation immediately after the occurrence of extraordinary circumstances, and if it is not possible to find alternative accommodation, to return the paid amount of the reservation.
This provision applies only under the condition that the extraordinary circumstances that have arisen are not caused by force majeure, and that they are related exclusively to the reserved accommodation. In case of changes or cancellation of reserved accommodation caused by force majeure, the provisions of Article 10 shall apply.
The guest can change an already defined reservation only if the service provider agrees with it, and this may include: changing the holder of the reservation, the date of the reservation, the number of persons, the age of the persons, and the type of basic or additional services reserved. The request to change the reservation is submitted in writing (by e-mail or post). The processing of the mentioned changes is charged as a flat rate in the amount of 15 euros/kuna equivalent per change (new calculation).
If the guest wants to cancel the reserved accommodation, he must do so in writing (by e-mail or mail).
The date when Montona tours received the written notice of cancellation is the basis for the calculation of cancellation costs, as follows:
For cancellation up to 71 days before the start of using the rented service, Montona tours will refund 100% of the total price of the rented accommodation. The money is returned to the guest less bank charges.
For cancellation from 70 to 57 days before the start of using the leased service, Montona tours charges 50% of the total price of the leased accommodation. The rest of the money is returned to the guest at the recipient’s expense.
For cancellation from 56 to 0 days before the start of using the leased service, Montona tours charges 100% of the total price of the leased accommodation.
If the guest does not show up at the destination or cancels the rented services after the start of use, the guest has no right to claim the amount paid.
If the actual costs are higher than previously stated, Montona tours reserves the right to charge the actual costs.
If the guest finds a new user of the same reservation when canceling the reservation of the leased accommodation, Montona tours only charges the costs of the replacement.
If the reservation is canceled due to the death of the guest (the holder of the reservation) or a member of his immediate family, Montona tours charges only the minimum costs of cancellation of the reservation (25%). This provision will be applied in the event of the death of any member of the group or the death of a member of his immediate family (spouses, brothers, sisters, parents and children), but with the condition that the agency has information that this person was registered as a member of the group.
The guest is obliged to forward the death certificate to the agency, as well as any confirmation of the deceased person’s relationship with the holder of the reservation, that is, a member of the group.
Immediately after determining the exact amount of money to be returned to the guest, the amount paid will be refunded at the guest’s expense.
The cancellation of the reservation caused by any other reason will always be resolved with the obligatory payment of cancellation costs according to the specified scale.
If the guest does not arrive at the reserved accommodation by 8:00 p.m. on the day of starting to use the rented service, and has not informed Montona tours or the service provider about the reasons for his possible delay, the reservation will be considered canceled on the day of arrival, and cancellation costs will be calculated according to the specified scale. In the event that the service provider received other guests in the meantime, the guest has no right to complain and loses the right to a refund of the amount paid.
Montona tours is obliged to take care of the implementation of services, as well as the selection of service providers, and take care of the rights and interests of the guest in accordance with good customs in tourism.
Montona tours is obliged to ensure that all leased services are provided to the guest, and is therefore liable to the guest for possible non-performance of the leased services or part of the services.
Montona tours excludes any responsibility in case of changes and non-performance of services caused by force majeure in the territory of the guest’s country or the territory of the country where the service should be performed (war, riots, strikes, terrorist actions, natural disasters, interventions of competent authorities, etc.) result in the inability of the guest to spend his vacation in the reserved accommodation unit. In these cases, the advance payment is not returned to the guest, nor can it be recognized as an advance payment for alternative accommodation that the guest would like to book in another destination or at another time.
The guest is obliged to:
have valid travel documents for all persons (including travel documents for children and mandatory documents for pets). Costs of loss or theft of documents during the trip are borne by the guest;
comply with the customs and foreign exchange regulations of the Republic of Croatia, as well as the countries through which you pass during your trip;
check whether he needs a visa to enter the Republic of Croatia or transit countries. Montona tours does not provide visa arrangement services, and reserves the right to retain the paid amount of the reservation in the event that the guest is not issued the necessary documents for entering the Republic of Croatia;
on the day of your arrival, pay the outstanding part of the bill at the agency office or directly to the owner of the facility, if you have not done so before;
upon arrival at the rented accommodation unit, present the voucher to the service provider with the exact number of persons and the type of services that must be provided to them;
come to the accommodation unit in the exact number and with the exact structure of persons that he announced to the agency. If more people or a different structure of people arrive in the reserved accommodation unit than is indicated on the voucher, the service provider has the right to deny service to unannounced guests or ask for a surcharge for them;
announce the arrival with a pet so that the service provider gives their express consent beforehand. The service provider has the right to deny service to guests if they insist that an unannounced pet also use the rented accommodation;
comply with house rules in the rented accommodation unit, and cooperate with service providers in good faith.
In cases of non-compliance with these obligations, the guest may be deprived of the reserved accommodation without the right to refund the amount paid and without the right to compensation.
Accommodation prices do not include the “package” of travel insurance: insurance against the risk of an accident and travel illness, insurance against damage and loss of luggage, as well as voluntary health insurance.
Luggage is transported by the guest personally at his own risk, and therefore it is recommended to insure the luggage with an insurance company.
Montona tours is not responsible for destroyed or lost luggage, as well as for the theft of luggage in the accommodation unit. The guest submits a report for damaged, lost or stolen luggage to the accommodation service provider and the competent police station.
The guest has the right to complain only because of wrongly published photos, i.e. incorrectly presented data related to the rented accommodation unit, except in the case when the situation is found in favor of the guest. In addition, the guest has the right to complain about disorder or dirtiness in the rented accommodation unit.
The guest waives the right to object to all the facts listed on the Montona tours website, which he did not notice beforehand, as well as to all the facts that Montona tours employees warned him about.
The guest waives the right to complain on any other basis, and in particular the right to complain about any unfavorable climatic conditions, the configuration of the beach, the cleanliness of the beach, the cleanliness and provision of the destination, the cleanliness and temperature of the sea, and all similar situations and events that may cause the guest’s dissatisfaction, and do not directly relate to the quality of the reserved accommodation unit (eg local problems with water supply, sewage problems, overcrowding, theft or damage to property, etc.).
Every well-founded complaint results in the elimination of the advertised defects, and if this is not possible, in the offer of alternative accommodation. If the service provider is unable to remedy the advertised defects, and Montona tours is unable to offer alternative accommodation, Montona tours will refund the amount paid at its own expense. The highest compensation paid per complaint can only be up to the amount paid. The guest waives in advance the claim of any related material or non-material damage (eg bank costs for sending money, phone costs, additional fuel costs, loss of time, excessive stress, mental pain…). Each guest – holder of a confirmed reservation, submits a complaint separately.
On the day of arrival, the guest is obliged to report the inappropriate service immediately to the representative of the service provider (receptionist or accommodation owner, etc.) and inform the agency office in Motovun about it by e-mail at firstname.lastname@example.org or by phone at +385 52 681 970. Guest is obliged to cooperate with the service provider and the agency in good faith to remove the causes of the complaint. If the guest on the spot accepts the offered solution to the complaint that corresponds to the paid service, the agency is not obliged to accept the subsequent complaint.
If the problem has not been resolved even after the on-site intervention, no later than 8 days after returning from vacation, the guest is obliged to send a written complaint together with accompanying documents and photos that prove the basis of the complaint to the agency by e-mail at email@example.com or by mail at the address Montona tours d.o.o., Kanal 10, HR-52424 Motovun. The agency will consider only fully documented complaints received within 8 days after the end of the reservation.
While the resolution process lasts, and in total no more than 14, or 28 days after lodging the objection, the guest irrevocably renounces mediation by any other person, arbitration by UHPA or another institution, as well as providing information to the media. Likewise, during this time, the guest waives the right to sue. The maximum amount of compensation per complaint can reach the amount of the advertised part of the services, and it cannot include already used services or the entire amount of the arrangement. This excludes the guest’s right to compensation for ideal damages.
These general conditions for the provision of accommodation services are an integral part of the Agreement that the Contractor/Client enters into with the Agency. By paying an advance payment or the entire amount of the arrangement, the Contractor/Client fully accepts these accommodation conditions, and the Agreement is valid even without the signature of the Contractor/Client
The parties will try to resolve any potential dispute amicably. In case the parties fail to resolve the dispute, they agree that the dispute will be resolved by the competent court in Pazin.
The legal regulations of the Republic of Croatia that are in force apply to everything that is not specifically specified in these General Terms and Conditions.
In Motovun, May 24, 2018.