General conditions (hereinafter referred to as the General conditions) are component of the agreement concluded between Kapela LLC, located at: Zavode II 16, Čelina (Omiš) 21310, Croatia, ID KOD: HR-AB-21-060259967 (hereinafter referred to as the Agency), as a mediator between a person who is offering services of accomodation (hereinafter referred to as the Letterr); and a person who is buying services of accomodation (hereinafter referred to as the Guest).
Agency is obligated to assure accomodation to a Guest in a period of time which was reserved by him, in an accordance with a presentation of offers of accomodation which is available on website: www.bookers.hr, except for appearing of circumstances which are unforseen and impossible to be avoided (war, riots, earthquakes, floods, fires, strikes, terrorist attacs, sanitary difficulties, interventions of appropriate authorities, etc.).
By making reservation the Guest confirms that he has read and familiarized with the following General conditions, thus the following General conditions goes into effect as a legislative document.
To make a reservation, the Guest fills up an application form at www.bookers.hr and sends it to the Agency. By doing so, the Guest is obligated to give every data needed to complete reservation. By compliting reservation, the Guest confirms that he has read and familiarized with all conditions of individual place of accomodation, as well as the following General conditions.
To confirm a reservation, the Guest is obligated to pay an advance payment, that is 30% of the whole price of accomodation, unless the whole price of accomodation is lower than 350 EUR. In that case the advance payment is 100 EUR. The Guest pays the advance payment on Agency’s foreign currency account within seven days since the date of evaluation by Agency, if not established differently. The Guest is obligated to inform the Agency about making an advance payment in written (e-mail, fax or post). If the Guest will not pay an advance payment within established time and will not inform the Agency about delays or difficulties, reservation will be recognised invalid.
When transfering an advance payment, the Guest is obligated to pay every cost of a bank transfer. Only ammount of money that come in bank account of the Agency is considered an advance payment. The Agency does not take any responsibility for addicional costs, like provision for bank transfer, no matter if it is Guest’s or Agency’s bank or any other bank that takes part in transaction.
After accepting an advance payment, the Agency is obligated to send the Guest a voucher that includes specificly described services that were ordered and payed. Voucher is an evidence od confirmed reservation of accomodation. The remaining amount of money Guest pays in cash directly to the Letter at the day of arrival.
Prices of particular objects of accomodation are given in euros. Prices of private accomodation include: daily cost of staying in a particular object of accomodation, tax , place to sleep, fully equipped kitchen, cost of usage of water, current and gas. Prices, specified in presentation by the Agency, are based on agreement with the Lessor and do not have to be the same as prices that figure in the place of stay. Possible differences in prices can not be the reason of complaint.
The Agency has the right to change prices wich are given in presentation. If prices of accomodation for one night increase after paying an advance payment, the Agency guarantees that price of accomodation will not change in comparision to the price that was current at the time of making reservation. If the prices of accomodation for one night decrease after paying an advance payment, the Guest will not have the right to get new, lower price.
Additional services are these services, which the Guest can use at the place of accomodation, and which are not included in price at the moment of making reservation. The Guest pays for additional services directly to the Letter at the place of stay. When an object of accomodation offers such services,the Agency will inform about that in the presentation of object.
Accomodation offers are described according to official categorization systems, which are established by local turist organization while giving work permission.
The Agency draws attention to standards of accomodation and the way of categorization of accomodation objects in each country which differ one from another, so comparisions of any kind are very difficult to be made.
In case of appearing of unecspected circumstances, that can not be predicted and prevented, Agency has the right to change reservation. If so, the Agency offers alternative accomodation to the Guest, which can be either accepted or rejected by the Guest. If the price of alternative accomodation is lower than the price of accomodation that was reserved by the Guest; the Agency is obligated to give back the difference between those two prices. If the price of alternative accomodation is higher than the price of accomodation that was reserved by the Guest; the Agency keeps the right to get a surcharge , after consulting with the Guest. If the Agency is not able to offer alternative accomodation or if the Guest does not accept offered possibility of alternative accomodation, the Agency is obligated to give all ammount of money paid by the Guest back to him. Costs of bank transfer are in that case to be paid by the Agency. In case of cancelling reservation, the Guest does not have the right to claim for compensation from the Agency. The Agency is obligated only to give back all the money that the Guest has already paid.
The Guest is obligated to:
In case of not obeying duties mentioned above, the Guest has to take into account a possibility of not providing towards him any services without the right to return an amount of money he has paid and without the right to apply for compensation.
If the Guest wants to change or canel reservation, he has to do it in writing (e-mail, tradicional post or fax). By changing reservation we mean changing of number of people using reserved services or their names/ surnames; or changing the date of beginning/end of stay; within 60 days before the date of arrival. If the changes in reservation are possible, they will be free of charge. The Agency has the right not to accept the changes in reservation. If the Guest cancels reservation for personal reasons, he has no right to demand the return of money he has already paid.
Every change done in shorter time that 60 days from the date of arrival would be treated like cancelling of a reservation. If the Guest will not appear at the place of accomodation till the 11:00 p.m. at the day of declared arrival, and he has not informed the Agency or the Letter about that earlier, reservation will be recognised cancelled and the Guest will have no right to demand return of any money he has paid. If the Guest is forced to cancel reservation, the Angency offers him a possibility of suggesting another person instead. The New Guest/ a person who will use the services, takes over the duties mentioned above, as well as described in voucher and in the following General conditions.
Every Guest – party that conclude an agreement – has the right to complain about not providing towards him reserved services. The Guest is obligated to complain about service that he is not satisfied with to the Letter and to the Agency. The Guest is obliged to cooperate with the Letter and with the Agency to avoid conflicts and eliminate potential complaints. In case of conflict, the Guest is obligated to do everything to try to find the best solution, together with the Agency and the Letter.
The Guest resigns from the right to complain on account of all the facts mentioned in presentation of appropriate facility, and which were omitted by the Guest, as well as with the facts that were mentioned to the Guest earlier by the Agency.
If the complaint is recognized unjustified, the Agency will not take any actions towards cancelling it and the Guest will not apply for a compensation.
If the reason of complaint is justified, but there is no chance of eliminating it within an agreed period of time, means, which are mentioned in point 3 of the following General conditions, will be taken.
A sum of a compesation paid to the Guest after accepting his complaint may be lower or the same as the worth of service which is the reason of complaint. The compensation can not include services that the Guest has already used neither all the cost of accomodation in appropriate accomodation facility.
If the Guest leaves the accomodation facility on his own initiative and does not give the Agency any possibility of eliminating the reason of complaint within 8 hours since complaining or offering an alternative accomodation, the Guest can not demand return of money he has paid or apply for compensation, no matter if the complaint was recognized justified or not.
By deciding about buing accomodation in an appropriate accomodation facility and paying an advance payment , the Guest automatically resigns from a possibility of demanding return of money he has paid.
The Guest can not make the Agency responsible for worse climate conditions, cleanness and temperature of the sea, bad conditions on the beach, crowds, theft or damages of property and simmilar situations, that can become reasons of discontent of the Guest, but are not directly connected with reserved and bought services nor with the accomodation facility.
The parties of the following General conditions are obligated to try their best to solve every potential conflict amicably. In other case, conflicts will be solved in appropriate court in Split, where croatian law is legally binding.