Of cooperation with lessors of accommodation capacities

INTRODUCTORY STIPULATIONS

Article 1.

Mediteran d.o.o. – Mediteran Tours is a travel Agency (further in the text AGENCY) seated in Novalja, address: Brace Radic 3; contact phone: +385(0)915883744; e-mail: This email address is being protected from spam bots, you need Javascript enabled to view it ; MBS: 2095980, and is at the same time a system for presentation and selling of tourist services and accommodation capacities (further in the text: accommodation unit) via Internet and other media. The Lessor of accommodation units (further in the text: Lessor) is a single person or a company that according to the Law on Catering and Tourism Activity is allowed to and is able to perform catering activity.

Article 2.

By means of these General Conditions the Lessor and the Agency arrange their mutual relationship and manner of cooperation in accordance to which the Lessor cedes the right of selling his/her accommodation units. The General Conditions are an integral part of the Membership Application Form as well as of the Agreement on Cooperation with lessors of accommodation capacities. By contracting the Agreement on Cooperation with lessors of accommodation capacities, the Lessor confirms that he/she is familiar with all regulations and that he/she accepts them entirely. In that way, all stipulations of this document become legal obligations for both the Lessor and the Agency.

MUTUAL AND INDIVIDUAL RIGHTS AND OBLIGATIONS

Article 3.

By signing the Cooperation Agreement or by adding apartment or room via www.Novalja.Com OnLine form, the Lessor becomes member of the Mediteran Tours system. The membership is free.

Article 4.

By joining the Mediteran Tours system, the Lessor confirms that he/she possesses all legal required permissions and licences in order to provide accommodation services as well as other services that he/she might offer in accordance to the Law on Catering and Tourism Activity or in accordance to other subject-acts and regulations. The Lessor is obligated to submit to the Agency, within 60 days, a copy of the legally required permissions and licences for carrying out accommodation services and other services which he/she offers in accordance to the Law on Catering and Tourism Activity or else he/she will be excluded from the Mediteran Tours system. If within this span of time potential bookings become available on the market, the Agency has the right to realize them in good faith (bona fide).

Article 5.

The Lessor is obligated to inform the Agency immediately about every change that concerns the data stated in the Membership Application Form and in the forms for the accommodation units.

Article 6.

The Agency is obligated to include the data about the accommodation capacities into its database only for the purpose of presentation and selling of accommodation units via Internet and other media, as well as for representation of the Lessor in the process of selling of the respective accommodation services. For this purpose, the Agency can use the information without restriction.

Article 7.

The Lessor is responsabille for truthfulness of text, numbers and photos of his(her) apartments or rooms.

Article 8.

Agency commits to present the accommodation unit data on www.Novalja.Com web site according to our system’s business rules.

Article 9.

The Lessor IS obligated to ask the user (guest) for a voucher. Based on the information on the voucher, the Lessor is obligated to accommodate the guest and provide the services marked on the voucher. The Lessor is NOT obligated to accommodate more guests than the number on the voucher or extend the duration of the services being provided beyond the period stated on the voucher. However, the Lessor has the right to accept more guests or extend the services for an appropriate fee. If he chooses to do so, the Lessor must inform the Agency about it. Also, the Lessor is NOT obligated to accommodate the guest in case of verifiable or obvious extreme circumstances (sudden illness, death, war, unrests, strikes, terrorist actions, sanitary disturbances, natural catastrophes, government interventions or similar), in what case he is also obligated to immediately inform the agency.

WORKING METHODS

Article 10.

The basic working method is mutual reporting of the accommodation units schedule (on-line) and posing inquiry about the availability of the accommodation units (work on inquiry). That means that the Lessor is obligated to inform the Agency about every booking which was not realized through its mediation. The reporting is to be done immediately after having a booking or an inquiry confirmed by a third person (duration within which the inquiry of a specific booking lasts) whether by phone or alternatively by e-mail or fax. Therefore, the Agency, in case of an on-line working method, obtains the right to sell the Lessor's accommodation capacities without prior checking by phone, while booking of accommodation capacities by the Agency in case of work on inquiry, is to be done by phone call.

Article 11.

Accommodation units are considered free, insofar as the Lessor has not notified that they are occupied, in case of an on-line working method. Occupied means confirmed booking or inquiry. When problems occur due to non-compliance to article 10, then the booking of the Agency has preference.

Article 12.

When booking is confirmed by phone, the Agency sends the following information to the Lessor: booking term, type of service, Guest's name, number of persons, manner of payment, as well as other information that the Lessor may require.

Article 13.

Basic communication in case of inquiry for accommodation unit and confirmation of booking is done by phone, fax or e-mail. In case if the inquiry is sent by e-mail or fax, the Lessor is obligated to answer within 24 hours.

Article 14.

The AGENCY checks the availability of the accommodation units through inquiry while the lease or booking of specific terms for the accommodation units is performed by confirming the booking. While making the inquiry, the Lessor gets the code of the accommodation unit, inquiry option, booking term, while at the Lessor's request it is possible to obtain even more information. If not arranged differently when making the inquiry (for example "last minute" accommodation selling), and depending on the season, the inquiry is valid for 24 hours.

Article 15.

Throughout the course of the duration of the inquiry the Lessor is NOT ALLOWED to offer the mentioned accommodation unit to a second potential guest or agency within the term of inquiry, that is, in case of having a booking confirmed by the Agency, the accommodation unit has to be free. After the expiration of the duration of the inquiry, the Lessor's obligation from the above mentioned section ceases to be valid. The Agency does not inform the Lessor by phone when the duration of the inquiry comes to an end.

PAYMENT AND PRICES

Article 16.

 All payments will be effected in Croatian currency. The amount your credit card account will be charged for is obtained through the conversion of the price in Euro into Croatian kuna according to the current exchange rate of the Croatian National bank. When charging your credit card, the same amount is converted into your local currency according to the exchange rate of credit card associations. As a result of this conversion there is a possibility of a slight difference from the original price stated in our web site.

Article 17.

The Agency fees for the services from Article 1 of these General Conditions are defined by difference in price, which is published on www.Novalja.Com and defined by the amount under the section "prices". The price under which the Agency offers accommodation units is a matter of the Agency's business operation.

Article 18.

The Agency defines the price in relation to the prices from the pricelist, which are defined by the Lessor and which are an integral part of the Membership Application Form. If prices are expressed in euro terms, the conversion in Kuna terms is to be done by the middle conversion rate of the HNB (Croatian National Bank) on the day of calculation.

Article 19.

When booking an accommodation, beside choosing one's destination, terms and services, the Guest pays the Agency a fee on account of its service mediation, defined by the difference in price expressed in article 16. and deposit for Lessor. The rest of the amount, which is defined in accordance with the prices in the Membership Application Form, increased by the tourist tax, the Guest is to pay in cash directly to the Lessor, the first day of using the accommodation. The Lessor is obligated to present this as one's income. In case if the Guest does not pay the mentioned amount to the Lessor, the Lessor is not obligated to provide accommodation service.

Article 20.

The Lessor is obligated to perform all actions required in relation to registration and cancellation of the Agency's guests accommodated in his/her capacities with the proper authorities, as well as to pay the appropriate taxes, surtaxes, contributions, tourist membership fees and tourist taxes, and is obligated to keep record of other necessary statistics.

Article 21.

The registration of guests, the paying of tourist membership fee and tourist tax, and keeping record of other necessary statistics, as well as the payment of taxes and surtaxes for the amount which he/she is to receive by direct payment from the Guest, is the Lessor's duty.

Article 22.

In case if the Lessor wants to change the prices stated in the pricelist, he/she is obligated to inform the Agency in a written statement by post or e-mail. New prices become valid on the day published on www.Novalja.Com, and within 15 days at the latest after submitting the new prices. The Lessor has no right to change the prices for approved inquiries or confirmed bookings.

Article 23.

New prices for the following year MUST be reported to the Agency till the 30th of November of the current year at the latest. If not, the existing prices are still valid.

DAMAGES, COMPLAINTS AND BOOKING CANCELLATION

Article 24.

The Guest is responsible for any kind of damage occurred on devices or equipment that are put at the Guest's disposal, and which has come about through inappropriate use of the mentioned equipment, while the determination of possible damage must be witnessed by the Guest. The Guest is obligated to pay for the possible damage on the spot, and if he/she refuses to settle one's duties, the Lessor is obligated to phone the Agency immediately, and if needed, even the police. The Lessor is obligated to inform the Agency if the Guest is unsatisfied with the provided service, in order to settle possible disagreements on the spot.

Article 25.

The Lessor is responsible for consequences emerging in case of Guest's injury caused by an unprepared accommodation unit or use of faulty equipment or devices in the accommodation.

Article 26.

With the Guest's arrival to the accommodation, the usage of the booked accommodation starts, therefore, possible complaints on the accommodation can be made. The Lessor is obligated to accommodate the Guest in the booked accommodation. In the opposite, he/she is obligated to immediately inform the Agency. The Lessor is obligated to rent clean and tidy rooms of the accommodation unit to the Guest, and to provide him/her with all services, which he/she has listed in the forms. Untidy and offhand accommodation unit or disparity between the information given in the forms and the actual condition of the accommodation unit and the object, gives the Guest the right to complain.

Article 27.

The Agency is especially obligated to make sure that the Guest comes to the destination in the previously agreed time. If the Guest does not come to the destination, and if he/she does not cancel the booking for justified reasons, the Agency is obligated to find other guests for the same booking term under the same conditions which were valid for the previously agreed booking term. In case of failure, the Agency is obligated to pay 20% to 70% of the total net value of the unrealized booking to the Lessor's giro account within 8 days, starting with the last day of the previous booking's expiration. If the Lessor chooses not to accept the Agency's substitute guests, he/she looses every right of reimbursement of damages on account of the unrealized booking. A justified cancellation of booking refers to all cases (whether drawing from the Lessor, the Agency or the Guest) which are caused by death, accident or illness which requires hospital treatment, that is, due to circumstances caused by "force majeur" (war, natural disaster,...)

Article 28.

If the booking is cancelled due to the acting of "force majeur" or special circumstances (war, strikes, terror acts, natural disaster, illness, traffic accident, etc.), the Lessor has no right of reimbursement for the unrealized booking.

Article 29.

If in special cases the cancellation is done by the Lessor, and the reasons are others than mentioned in article 26 (unjustified cancellation), the Lessor has to bear the possible expenses of finding an alternative accommodation for the Guest. In that case, the Lessor is obligated to inform the Agency immediately, and the Guest must be offered an accommodation and appropriate services in an object of the same or higher category with the same or better characteristics obligatory.

Article 30.

If the Guest accepts the solution proposed by the Lessor, the Lessor is obligated to inform the Agency immediately. Possible differences in expenses or subsequent demands by the Guest are settled up as Lessor's liability. If the Guest does not accept any of the offered solutions of alternative accommodation, the Lessor is obligated to meet the difference in cost of a new booking, other handling charges of the Agency in the amount of 25 euro, as well as possible expenses of compensation for the Guest.

OTHER STIPULATIONS

Article 31.

The membership in the Mediteran Tours system is unlimited. Throughout the duration of the period of confirmed bookings of accommodation, the membership cannot be cancelled.

Article 32.

The Agency is not responsible neither for the consequences that might occur due to vacancy of accommodation units for the duration of the membership in the Mediteran Tours system nor for possible damage that can occur while using accommodation units.

Article 33.

In case of possible ambiguities or something that has not been mentioned in these General Conditions, the Law on Catering and Tourism Activity is to be applied, Special Practices of Catering Activities, as well as other subject-laws. Changes or addendums to any article of these General Conditions are only possible to be regulated by a separate contract between the Agency and the Lessor.

Article 34.

The Lessor and the Agency settle possible disputes by means of mutual agreement, and if necessary, in contact with the Guest. If they fail to do so, the dispute falls under the jurisdiction of the Commercial Court in Rijeka.

Article 35.