Terms and conditions
Hotel Prišćapac Resort & Apartments
Table of Contents
- Data of the Service Provider
- General Rules
- Contracting Party
- The Contract, the Reservation, Modifications, Obligation for Notification
- Terms of Cancellation
- Rates
- Payment Terms, Guarantee
- Terms and Conditions of Using the Hotel Services
- Pets
- Termination of Contract, Ceasing of Obligation to Provide Services
- Guarantee for Accommodation
- Disease or Death of the Guest
- Rights of the Contracting Party
- Obligations of the Contracting Party
- Compensation Liability of the Contracting Party
- Rights of the Service Provider
- Obligations of the Service Provider
- Compensation Liability of the Service Provider
- Secrecy
- Force Majeure
- Jurisdiction, Governing Law
1. Data of the Service Provider
Full legal name: Balaton d.o.o. za turizam
Abbreviated name: Balaton d.o.o
Operated Hotel’s name: Hotel Prišćapac Resort & Apartments
Registered seat: Prišćapac b.b. HR-20271 Prižba-Blato, Otok Korčula, Hrvatska
Name of Registration Court: Registration Court of Dubrovnik
Registration number: 090008295
EU Tax number: HR34272364825
Represented by: Mr Laszlo Romacz, GM
2. General Rules
2.1. Present „General Business Terms and Conditions” regulate the use of the lodgings and related services provided by the Service Provider.
2.2. Special, unique conditions do not constitute part of the indicated General Business Terms and Conditions, but do not exclude the drawing up of special agreements with tour operators and any organiser partners from time to time with conditions adjusted according to the type of business.
3. Contracting Party
3.1. The services provided by the Service Provider are used by the Guest.
3.2. In the event that an order for services is placed directly with the Service Provider, the Guest is qualified as the Contracting Party. The Service Provider and the Guest jointly – if the terms and conditions are met – become Contracting Parties (hereinafter Parties).
3.3. In the event that an order for services is placed with the Service Provider by a third party commissioned by the Guest (hereinafter Agent) the terms and conditions of the co-operation shall be regulated by the contract concluded between the Service Provider and the Agent. In this case the Service Provider is not obliged to check whether the representation of the Guest by the third party is lawful.
4. The Contract, the Reservation, Modifications, Obligation for Notification
4.1. Upon written or verbal inquiry by the Guest, the Service Provider makes an offer. If no order is placed within a respectable timeframe (in most cases 48 hours of sending the offer), the obligation of the Service Provider to honour the offer ceases to be binding.
4.2. The Contract comes into effect when the Service Provider confirms in writing the verbal or written booking of the Guest, and as such is qualified a Contract concluded in writing. Any booking, agreement, modification or the confirmation of these by the Service Provider are not qualified as contracts.
Should the Contracted Partner (Guest or Agent) miss to meet Service Provider’s optional deadline or payment terms, Contract is automatically annulated and turns to be invalid.
4.3. The Contract on the use of accommodation services covers a defined period of time.
4.3.1. If the Guest checks out prior to the end of a defined period of time, the Service Provider is entitled to a defined percentage (100%) of the value of the service set down in the Contract. The Service Provider is entitled to sell the available room for those days, thus before the contracted period of stay ends and Guest agrees to waive any refund.
4.3.2. The Service Provider must approve in advance any extension of the use of the accommodation service that is initiated by the Guest upon its free capacities. In such instances however the Service Provider may request payment of fee for higher category of service when only such room is available.
4.4. The Contract can only be modified and/or complemented by a written agreement signed by the Parties.
5. Terms of Cancellation
5.1. Unless otherwise stated by the hotel in its offer, the accommodation service may be cancelled without a penalty payment obligation as long as the following notice periods are observed:
- Reservation can be cancelled latest until 14 days prior to arrival without penalty.
- Between 14–7 days prior to arrival 50 percentage of accommodation cost will be charged by Service Provider.
- Within 7 days and in case of no-show Service Provider is entitled to charge the entire accommodation costs and total costs of all previously reserved additional service(s).
Reservation and cancellation can be accepted only in written form and is valid upon Service Provider’s written reconfirmation. Any verbal reservation, agreement or modification request by Guest or verbal confirmation of Service Provider does not entitle Guest for claims.
5.2. Service Provider regularly offers promotions along with conditions varied from above stated general conditions. When placing such offers Service Provider is obliged to clearly communicate these conditions.
5.3. Service Provider is entitled to set distinctive conditions for group reservations, thematic reservations or as per any other specifications of Guest. This distinction cannot be disadvantageous, even though individually set more favourable rates might be linked to stricter other conditions. As Service Provider may establish terms different from general conditions or impose surcharges, these conditions are to be set forth in a separate Contract.
5.4. In case Guest places orders via Service Provider for third party services (within or outside Service Provider’s hotel) and any modification or cancellation occurs, Service Provider duly shifts and transfers all cancellation or modification fees set by third party service provider on Guest.
6. Rates
6.1. The hotel room rates (Rack Rate) are displayed in the hotel rooms and at the front desk of the hotel. Price lists of other services (restaurant, beach rental, etc.) are also available at front desk, however Service Provider is not responsible for other service providers’ rates, conditions and quality level of services.
6.2. The Service Provider reserves the right to change its published rates without prior notification.
6.3. When publishing its rates the Service Provider shall indicate the tax content of the rates (VAT, Local Tax) valid at the time of the offer in line with legal regulations. The Service Provider shall transfer all surplus burdens arising from the amendment of the prevailing tax law (VAT, Local Tax) to the Contracting Party following notification thereof.
6.4. You will find discounts, special rates and offers at priscapac.com.
6.5. The rates quoted do not include any insurance. We recommend our clients to arrange for their own cancellation-, accident- and medical insurance.
7. Payment Terms, Guarantee
7.1. The value of the services provided by the Service Provider is to be paid by the Contracting Party – partially or entirely – prior to the use of the services, but by all means prior to departure from the hotel. However in case of a special agreement, it may be possible to make later payment.
7.2. In order to guarantee the contractual use of the services provided and the payment of the value of those services, the Service Provider may:
a) request a credit card guarantee, in the course of which the value of the ordered and confirmed service is blocked on the credit card;
b) and/or request advance payment of the fee in part or in full.
7.3. Service Provider is not obliged to accept credit card data provided by Guest to third party Agents as valid and definite guarantee, in the case, reservations are made throughout Agents.
7.4. The Contracting Party can effect payment as follows:
The currency of the invoice issued on related services is HRK, which will be issued according to the Croatian tax legislation. The amount for services offered, confirmed and used will be calculated in EUR currency. Final amount to be paid is based on the currency exchange rate used by bank of the Service Provider, on the day of the arrival of the guest. Therefore the EUR amount will also be indicated on the invoice. Cash payment can be effected in HRK, HUF, EUR, USD and GBP, while additional currencies can be also changed at the hotel reception. Cash payment effectively occurs in HRK after legal and official money exchange transaction at hotel reception. The Service Provider accepts certain means of payment other than cash: bank transfer or credit cards: Visa, EC/MC, American Express and further card types, which are appropriate to be used via hotel’s POS terminal – in the presence of or in the absence of card on spot.
7.5. Any costs and fees related to any payment method are to be borne by the Contracting Party (Guest or Agent). All previously devolved such cost will be added to final invoice issued by Service Provider.
7.6. Service Provider is entitled to charge Guest’s or Agent’s credit card without any prior notice when payment deadline set in contract is duly arrived, however Service Provider aims and motivates its Guests and Partners to use and return Service Provider’s credit card authorization form for an approved and clearly defined transaction.
7.7. For bank remittance Contracting Party must use Service Provider’s following EUR bank account:
Bank account owner: Balaton d.o.o. za Turizam
Address: Prišćapac b.b., 20271 Prižba-Blato, Otok Korčula, Hrvatska
Bank: Privredna Banka (Račkoga 6. 10000 Zagreb, Hrvatska)
IBAN: HR94 2340 0091 1101 4656 2
Swift code: PBZGHR2X
Bank remittance currency is always set in EUR onto Service Provider’s EUR account.
8. Terms and Conditions of Using the Hotel Services
8.1. The Guest may check in on the day of arrival after 2 pm, and is requested to check out on the departure day prior to 10:30 am. Service Provider is however entitled to set more favourable, thus later check-out time. In such cases Guest must be informed in writing in advance. In lack of such benefit, general check-out timing applies.
8.2. Should the Guest wish to occupy the room before 10:00 am on the day of arrival, he/she will also be charged for the previous night. Should the Guest wish to stay in room later then 2 pm on the day of departure, he/she will also be charged for the next night. For such pre and post nights Service Provider may offer discounts or benefits based upon its business interests (e.g. actual capacity of hotel).
9. Pets
9.1. Pets can generally not be taken to the lodgings of the Service Provider. In special cases (e.g. guide dogs) pets are allowed upon Service Provider’s previous written allowance, whilst an additional cost must be paid. They can be kept in the rooms and use the common areas to access the rooms under the supervision of the Guest. However, they cannot be taken to any other premises (restaurant, beach, etc.).
9.2. The Guest will be held fully liable for any damage caused by his/her pet.
10. Termination of Contract, Ceasing of Obligation to Provide Services
10.1. The Service Provider is entitled to withdraw from the Contract to provide accommodation services with immediate effect and to be free from all obligation to provide services, if:
a) the Guest does not use the room or the building rendered for his/her use properly (n.b. should Guest provoke or call forth any physical damage or reputation harm against Hotel’s building, any premises or towards its Guests, Guest is forced to cover all costs and fees occurred by his/her unacceptable behaviour);
b) the Guest does not observe the security and order of the accommodation site, treats the employees in an objectionable or rough manner, is under the influence of alcohol or drugs and displays menacing, offensive or otherwise unacceptable behaviour;
c) the Guest has a contagious disease;
d) the Contracting Party does not meet his/her advance payment obligation by the agreed deadline.
10.2. The Contract between the parties cannot be honoured as a result of „force majeure”.
11. Guarantee for Accommodation
11.1. In the event that the hotel of the Service Provider is at fault for failing to provide the services listed in the Contract (e.g. overbooking, temporary problems of operation, etc.), the Service Provider is obliged to provide accommodation for the Guest without delay.
11.2. The Service provider is obliged:
a) to provide/offer the services listed in the Contract at the rate and for the period confirmed (or until the conclusion of the incapacitation) in another place of accommodation of the same or of a higher category. Any additional costs for such a replacement (arranged by Service Provider) shall be borne by the Service Provider;
b) to provide/offer accommodation on a lower category level within walking distance of hotel (favourably but not exclusively with the possibility for Guest to pay even lower amount, thus to gain some refund on accommodation costs), whilst Service Provider is obliged to grant all such services included in previously contracted room rate for free of charge (e.g. granting buffet breakfast, offering use of beach area, providing hotel wifi access) upon same quality level and availability as for Guests accommodated within Hotel;
c) to ensure the Guest is able to make a phone call free of charge to give notification of the change of accommodation should he/she need to do so;
d) to ensure the Guest is transferred free of charge to the replacement accommodation, and back to the original accommodation should that become available again later.
11.3. If the Service Provider fully meets these obligations, and if Guest has accepted the replacement accommodation, no subsequent claim for compensation or additional costs will be accepted (for details see Code of Conduct as Code of Global Ethics for Tourism).
12. Disease or Death of the Guest
12.1. In the event that during the time of using the accommodation service the Guest is taken ill and is not able to care for himself/herself on his/her own, the Service Provider is to offer medical help.
12.2. If the Guest falls ill or dies, the Service Provider will require a cost compensation from the dependant, heir or person settling his/her accounts, for the possible medical costs, the value of services used prior to the death and the incidental damages done to the equipment and furniture in the hotel related to the disease/death.
13. Rights of the Contracting Party
13.1. Pursuant to the Contract, the Guest is entitled to the proper use of the ordered room and establishments of the place of accommodation that belong to the usual service sphere and are not under the effect of special conditions.
13.2. The Guest may complain about the performance of the services provided by the Service Provider during his/her stay at the place of accommodation. The Service Provider is obliged during this period to handle complaints justifiably sent to it in writing (or minuted by the Service Provider).
13.3. Any right to complaint by the Guest terminates after departure from the place of accommodation.
14. Obligations of the Contracting Party
14.1. The Contracting Party is obliged to settle the value of the contractually ordered services by the date and with the method laid down in the Contract.
14.2. The Guest will ensure that children under 12 shall stay in the hotel of the Service Provider only under adult supervision.
14.3. The Guest is obliged to keep all points of Hotel Policy (placed in all guest rooms).
15. Compensation Liability of the Contracting Party
The Guest shall be held liable for all damages and inconvenience suffered by the Service Provider or a third person as a result of the actions of the Guest, his/her escort or any person(s) under his/her responsibility. This liability remains in effect even if the aggrieved has the right to claim compensation for his/her damages directly from the Service Provider.
16. Rights of the Service Provider
In case the Guest fails to meet his/her fee payment obligation related to the used services or contractually ordered but not used services that carry a penalty, the Service Provider – to ensure the claim is met – has a right of pledge on the personal belongings the Guest has brought to the hotel.
17. Obligations of the Service Provider
The Service Provider shall:
a) provide the accommodation and others services ordered based on the Contract in line with the valid stipulations and service standards;
b) examine the written claim of the Guest and take steps to remedy the problem, which is also to be recorded in writing.
18. Compensation Liability of the Service Provider
18.1. The Service Provider shall be liable for all damages suffered by the Guest within the establishment and caused by the Service Provider or its employee.
18.1.1. The Service Provider shall not be liable for damages that are the result of an unavoidable cause beyond the control of the employees and the Guests of the Service Provider or that have been caused by the Guest himself/herself.
a) The Service Provider may designate places in the hotel that Guests may not enter. The Service Provider will not be held liable for any damages or injuries caused in such places.
b) The Guest shall report to the hotel any damages suffered and provide the hotel all data necessary for clearing the claim, perhaps to be included in the police report/procedures.
18.2. The Service Provider shall also be liable for damages suffered by the Guest as a result of a loss, damage or destruction of his/her possessions if these possessions were put in places that are designated by the Service Provider or usually used for this purpose or in the Guest’s room or that were handed over to an employee of the Service Provider whom the Guest believed to be authorised to receive these possessions.
The Service Provider shall be liable for valuables, securities and cash only if the Service Provider has expressly taken possession of these things for safekeeping or the damages have occurred due to a cause for which the Service Provider is liable in accordance with the general rules and regulations. In such cases, the burden of proof lies with the Guest.
18.3. Local laws shall apply under certain circumstances.
19. Secrecy
The Service Provider shall proceed according to the standards determined by the Data Handling Guide.
20. Force Majeure
Any reason or circumstance (e.g.: war, fire, flood, rigours of weather, power shortage, strike) beyond the control of the Party (force majeure) excuses any Party from performing the obligations set in the Contract prior to this reason or circumstance existing. Parties agree to do everything in their power to limit the possibility of these reasons or circumstances occurring and to remedy the damage or delay caused by them as soon as possible.
21. Jurisdiction, Governing Law
The legal relationship between the Service Provider and the Contracting Party shall be governed by the local (Croatian) Civil Code. In any legal dispute arising from the Service Contract, the court is authorised at the location where the services are provided and declared to have competence to handle the issue. Jurisdiction is in the place where the service was rendered.