Terms & Conditions
Article 1
Renter is a private or a business entity, who, according to Hospitality industry Law, can engage and work in the hospitality industry. The renter is obliged by the Law to possess all permits and certificates related to providing accommodation and other tourism related services, according to Hospitality industry Law and other valid and applicable Laws and Regulations. By signing an agreement with the Agency, the Renter confirms the validity of these introductory statements.
The Agency is not responsible for possible lack of possessing the necessary permits or certificates by the Renter.
If the legal status of circumstances of the Renter are in anyway changed, the Agency should be informed immediately.
The Agency conducts it's business by presentation, representation and mediation of the accommodation.
In conducting its business, the Agency acts as an intermediary in the name and on behalf of the Renter.
CONDUCTING BUSINESS
Article 2
The Agency manages on request reservations, which means the Renter is free to arrange reservations independently by other channels and sources. For this reason, the Agency does not take on any moral or material responsibility for vacant, unsold dates, nor has the obligation to sell these dates. The Renter is obligated to inform the Agency as soon as possible any change in the occupancy or availability of his accommodation in order for the Agency to update the occupancy and available periods by using e-mail (info@ursus.com.hr), WhatsApp or Viber. The Renter can inform the Agency about the changes in occupancy by phone, but sending an e-mail or a text message is mandatory.
Article 3
The Agency displays and advertises the Renter's accommodation via internet and other channels and media. The Renter has the insight into the ads and listings. The name, logo, and the visual identity in which the accommodation will be advertised is the internal right of the Agency.
Article 4
Agency and the Renter agree on the retail price for the accommodation unit. The parties included agree that the Agency will charge a percentage % (VAT not included) of the achieved end price of the reservation, increased for the Agency partner commission (Vat included), meaning the commission of sales channels by which the Agency advertises the accommodation online. The integral part of the agreement is the „Price questionnaire“ which contains agreed gross price of every accommodation unit. The Agency has a right to approve discount towards the guests, other Agencies and partners within Agency's commission in order to upgrade the sales of the accommodation. The Renter, in agreement with the Agency has the right to approve special sale promotions and discounts to facilitate the sales.
The Renter is obligated from November 1st, current year to inform about any changes to „Price questionnaire“ for the following tourist season (or all-around year period). If he fails to do so, current year prices will be applied to the following year. After the Agency receives the „Price questionnaire“ the Renter is not allowed to raise the price nor change the reservation rules the condition under which the reservation is made. If the accommodation offers services that are extra charged, these services need to be listed by the Renter within the „Questionnaire“, and all the necessary licences for providing these services should be acquired by the renter.
The Renter is obliged, in accordance with the „Price questionnaire“ to produce the accommodation pricelist and display it within the accommodation.
The Agency can, in accordance with the agreement with the Renter, provide services like cleaning, check-in and check-out, being present at the accommodation, following the guest request, or to eliminate irregularities within the accommodation etc. For such services, the agency will charge the Renter in accordance to Agency Price list and the additional amount of real material cost volume.
The Agency can, in accordance with prior agreement with the renter; copy the accommodation keys, purchase paper towels, toilet paper, hygiene products and similar small inventory, for what the Agency will charge the service fee in accordance to Agency Price list and the additional amount of real material cost volume.
Article 5
City tax is included in the accommodation price and the guest is not charged for it extra, except if it is stated otherwise. The renter is obliged to register the guest and pay the city tax to the Tourist Board.
Article 6
All marketing materials, digital and printed formats included, made by the Agency are owned by the Agency. In the case of Agreement termination, the agency has the right, without prior notice to the Renter, to exclude or erase the accommodation unit and all of it's data from all the channels and portals used for advertising purposes by the Agency.
RESERVATION PROCEDURE
Article 7
The Agency contracts reservations in two ways:
-in direct contact with the service customer, potential guest
-in co-operation with other domestic and international agencies
The basis of the communication between the Renter and the Agency are e-mail, WhatsApp and Viber. After the reservation confirmation by the customer, The Agency confirms the reservation to the Renter. The renter is obliged to confirm the reservation, in writing, via pre-arranged communication channels, as soon as possible, 24 hours after the Agency confirmed the reservation, at latest.
Article 8
The Renter receives reservation payments in the name and on behalf of the Renter, provides the bill for the payment and pays the commission to the Agency. The Agency will issue the bill for the commission to the Renter. The Renter pays for the bill on the bank account in Euros or to the Agency's Giro account, conversion of foreign currencies to Euros is made according to the middle exchange rate of the Croatian national bank on the day of the transaction. The Renter provides the guest with an invoice issued in the name and on behalf of the Renter. The Renter has to input the invoice serial number in the Turnover Book and respect all rules and Laws that regulate the Renter's business. As a reservation confirmation the Agency can charge the booking deposit to the guest of up to 50% of the total reservation amount, which the Agency will keep to itself.
The remaining 50% is charged by the Renter during the guest's arrival or according to specific agreements between the guest and the Agency. If the reservation amount is charged to the guest by the Agency or another sale channel, in its own name and on the behalf of the Renter, the parties involved consensually and non-disputably confirm that the Agency is authorized to keep the agency commission which is formed individually for the reservation, as a sum of fees, as previously stated in Article 5 of this Agreement. The Agency is obliged to pay the belonging net amount to the Renter, to his bank account, within 20 working days from receiving the funds, under the condition that the Renter has issued an invoice within 10 days from receiving the notification reminder about invoice issue. The Renter is obligated to state his net claim according to issued invoice in the Turnover book (turnover records).
The manner and type in which the payments between the Renter and the Agency are conducted, can be changed in accordance with prior agreement of the Parties.
OTHER REGULATIONS
Article 9
An integral part of the Agreement is „Accommodation features questionnaire“ which contains all data regarding an accommodation Unit.
The Renter is obliged to ensure an unhindered use of the accommodation unit by guests, the unit must contain features in accordance with „ Accommodation features questionnaire“. The accommodation unit has to be thoroughly cleaned before the guest's arrival, a set of bed linen and towels provided for a period of every week minimum. Soap and toilet paper should be provided by the Renter only upon guest arrival, except a different arrangement between Parties is in effect. The renter Ensures unhindered use of electricity, warm water, air-conditioning, gas, that is, everything stated in the „Questionnaire“ and included in the price of the accommodation unit. The Renter has no right to charge extra for these services, except if he stated that these services are provided with an extra charge. If the air-condition or some other service is charged extra, the Agency should be informed, and this should be stated in the „Price questionnaire“. Check in is at 14:00 and check out is at 10:00. On guest request and depending on the Renter's availability and possibility, different arrangements are possible.
Article 10
If the guest is unsatisfied with the state of the accommodation unit for objective reasons (dirt, moisture, unpleasant odour, lack of electricity or hot water). The Renter is obligated to remove these shortcomings, in cooperation with the Agency as soon as possible. If removing the shortcoming is not possible, the Renter has to inform the Agency and look for an alternative accommodation for the guest. In this case the renter has to issue a refund of the reservation fee to the Agency, help in reallocating the guest, that is finding an alternative accommodation of the same or upgraded category, pay for the possible difference in price between the reserved and alternative accommodation.
If by the Renter's omission, an overbooking of the accommodation unit occurs, or if the Renter refuses to accommodate the Agency's guest, the renter is obligated to bear the costs of guest's reallocation, that is, the alternative accommodation and undergo actions stated in the previous paragraph of this article.
If the Renter does not conduct in a manner stated in the previous paragraphs of this article, he is responsible to the Agency, for the occurred damages.
Article 11
Agency is not responsible for eventual damage caused by the guest in the accommodation unit or accommodation premises, the guest is responsible for the damages, in these cases. For injuries and accidents that may occur to the guest as a results of accommodation unit or accommodation premises shortcomings, it's equipment, pool area or behaviour of the renter, the Renter bears the responsibility. The Agency is not responsible to the Renter for the lack of occupancy of the accommodation.
Article 12
The Agency is not responsible for destroyed, damaged or lost luggage, nor for the theft of the luggage or valuables in the accommodation unit. Lost luggage or theft are reported to the Renter and to the in-charge police department.
AGREEMENT DURATION
Article 13
The Agreement is concluded for an indefinite period. The Parties of the Agreement determine that this Agreement can be terminated by the Renter and the Agency with a three month notice period, starting from the day a written cancelation was delivered. The Renter is obligated to honour all received reservations and to pay an agreed agency commission. The Agreement cannot be terminated in the period from 01.06. until 30.09., current year. If the Renter and the Agency have an already contracted reservation in the time of Agreement termination, the same should be realised according to all the Articles of this Agreement. In the case of reservation non realisation, that is breach of Agreement, the Renter bears consequences according to Agreement Directives.
LITIGATION
Article 14
The parties will try to resolve any dispute by mutual agreement and in agreement with the guest, and if this is not possible, they agree on the local jurisdiction of the in-charge court in Split.
