Allgemeine Geschäftsbedingungen

Terms and conditions of reservations

1. Introductory note

The Orgon Company d.o.o., with headquarters on address: Put Zlatnog Rata 52 B, 21 420 Bol, Brač, Croatia and with the office at address: Vukovarska 135, 21 000 Split, Croatia, MB 2304104, OIB: 68770511301 and Travel Agency Orgon d.o.o., with the office at Vukovarska 135, 21000 Split, Croatia, ID: HR - AB - 21-060238294 (in the text: Agency), guarantees the authenticity of the displayed visual and written data related to the accommodation unit characteristics in their offer, available at www.croatia-exclusive.com, as well as the authenticity of the conditions under which they are offered.

The object name that contains "villa" or "holiday house" does not indicate the categorization of the object. The terms "villa" and "holiday house" are used as components of the names and descriptions of objects and by no means as such are related to the aforementioned classification.

The Agency provides services according to the published data, valid in the period when the reservation confirmation occurred, except in cases of unpredicted situations, illness or death of the host or his family members; extraordinary circumstances which cannot be predicted or eliminated, such as: natural disasters (earthquakes, floods, fires, droughts, etc), wars, strikes, terrorist acts and restrictions issued by the state (mobilization, ban on leaving the country, etc).

By making the reservation for one or more accommodation units or services from the Agency's program, the Guest enters a legal relationship with the Agency and confirms to accept the General Terms And Conditions (in the text: Terms and Conditions). These are the basis for resolving any possible disputes between the Guest and the Agency. The Guest is advised to carefully read Terms and Conditions before the advance payment of deposit amount or full service amount.

2. Creating a reservation request

Making an inquiry can simply be done through the reservation form on the Agency's website or directly at the office of the Agency/the offices of our partner agencies that sell the Agency's services.

During the online application process, the Guest has to provide all the necessary information required in the reservation form. The same has to be done when making a reservation directly at the Agency's office or at any other partner agencies that sell the services of the Agency.

If you are unable to find an accommodation unit that best suits your needs, feel free to contact the staff of the Agency for assistance. Inquiries are made via e-mail ([email protected]; [email protected] ) or via telephone contact: 00 385 98 171 41 09 and 00 385 91 766 36 10. Each request has to contain specific information, according to which the Agency can create an offer (reservation period, date flexibility, number of people (children and adults), their age, preferred location, price limit, maximum distance from the sea, as well as all other eventual special requirements).

The Guest can also contact the Agency via phone and the Agency staff will provide him/her with all the necessary assistance and information. However, all the requests and reservation details have to be sent via e-mail.

3. Personal data protection

The Guests share their personal information voluntarily. Personal information is necessary for the reservation realization and it will be used for further internal communication between the Guest and the Agency. The Agency will not share the Guest's personal information with a third party, except to provide the requested services or if ordered by the competent authorities.

4. Offers, terms of reservation and payment conditions

- The Guest can book the accommodation unit directly on Agency web site via option “BOOK” or they are free to send inquire to our team via option “INQUIRE”.

If the Guest would like to book chosen accommodation instantly he/she can do the reservation of accommodation free period over the option “BOOK” in the reservation form. Enter your personal details as well as the details of the other travelers in the reservation form. In this case, you can proceed to the selection of the payment method (Card or Bank transfer).

If the Guests would like to pay via card, he/she is free to fill up the card form. Agency will receive the information about the deposit payment instantly and the Agency has the right to accept or decline the deposit payment in time within 24 h in working days. As soon as your deposit payment is accepted, the Agency will send you email with the document – the confirmation of your reservation.

The entry and transfer of personal data and credit card number data is protected by the SSL protocol (put the encription degree and the SSL type) provided by the SSL certificate issued by (put the name of the certificate issuer). Authorization and credit card payment is processed in real-time via the WSPay system.

If the Guests would like to pay via Bank transfer the Agency will send via email the offer with all the details how to book over bank transfer.

If the Guests would like to book chosen accommodation via option “INQUIRE”, a inquiries and accommodation reservations can be made via e-mail, in writing or in person at the Agency, as well as at the partner agencies, which sell the services of the Agency.

Following the Guest's requests, the Agency sends all the reservation details in the form of an offer via e-mail.

By confirming the reservation, the Guest also confirms to fully understand and accept the Terms and Conditions that are binding for both the Guest and the Agency.

To confirm a reservation, the Guest has to make a deposit payment of 30 - 40 % of the total booking amount, depending on the accommodation unit. The deposit amount for the requested accommodation unit is indicated in the offer that the Agency sends to the Guest via e-mail.

For all reservation payments made within Croatian territory, the deposit amount should be paid in Croatian currency according to the middle exchange rate of the HNB (Croatian National Bank) on the following bank account:

Company: ORGON D.O.O.

Address of company: Vukovarska 135, 21 000 Split, Croatia IBAN: HR 15 24070001 100663730
SWIFT CODE: OTPVHR2X
Bank: OTP banka d.d.

Address of Bank: 21 000 Split, Ruđera Boskovica 16, Croatia

All banking expenses, as well as any other additional costs concerning the payment procedure are the obligation of the Guest.

The exchange rate is based on the middle rate of the Croatian National Bank valid on the date of payment.

For all reservation payments made abroad, the deposit amount should be paid in euros on the following bank account:

Company: ORGON D.O.O.
Headquarters of company: Put Zlatnog rata 52b, Bol, Brač, Croatia Headquarters of Tourist Agency office: Vukovarska 135, 21 000 Split, Croatia IBAN: HR 15 24070001 100663730
SWIFT CODE: OTPVHR2X
Bank: OTP banka d.d.
Address of Bank: 21 000 Split, Ruđera Boskovica 16, Croatia

All banking expenses, as well as any other additional costs concerning the payment procedure are the obligation of the Guest.

To confirm the reservation, the Guest is obligated to pay the deposit amount on the Agency's account within the period of the booking option (0,5-3 days, depending on the part of the season/indicated in the offer). After paying the deposit, the Guest is also required to send a copy of the payment via email to the Agency. The Agency generally receives the payment within 2- 3 working days and has to inform the Guest about it within 2 working days after receiving it, as well as send a voucher with all the information concerning the reservation.

The Guest is required to pay the rest of the total amount according to the Terms and Conditions for each of the accommodation units, which will be indicated in the Agency's offer. The types of payment can be:

- The Guest pays the rest of the total amount within the defined payment period, stated in the Agency's offer
Within the offer of the Agency, all the rules of the reservation payment will be clearly written. For certain accommodation units, where the total amount has to be paid before the Guest's arrival, this condition will be clearly stated inside the offer. The Agency always carefully indicates these cases. Regarding these kinds of situations, the standard payment procedure is to pay the rest of the total amount 30 - 60 days before the Guest's arrival. The period depends upon the accommodation unit and service provider's reservation policy (which will be indicated within the offer of the Agency and sent to the guest via e-mail).

The rest of the total amount is paid on the same account; the one used for the deposit payment.

Company: ORGON D.O.O.

Address of company: Vukovarska 135, 21 000 Split, Croatia IBAN: HR 15 24070001 100663730
SWIFT CODE: OTPVHR2X
Bank: OTP banka d.d.

Address of Bank: 21 000 Split, Ruđera Boskovica 16, Croatia

All banking expenses, as well as any other additional costs concerning the payment procedure are the obligation of the Guest.

After making the second payment (the rest of the total amount), the Guest is required to send a copy of the payment receipt via email. The Agency will receive the payment within 2-3 working days. After receiving the payment, the Agency will inform the Guest within 2 working days about it and send a new voucher. This voucher will contain the information about the full payment of the reservation, according to the mutual agreement.

For all the reservations where only the deposit payment was made, but the rest of the amount of the total price was not paid within the agreed deadlines, the Agency has the right to cancel the guest's reservation. The Agency uses the deposit payment as the cancellation fee and to cover the eventual costs.

In case that the number of people who come to the accommodation unit exceeds the number of people indicated on the voucher, the service provider has the right to refuse providing the service to the unannounced guests or is able to accommodate all the guests and immediately charge the sudden services.

- The rest of the total amount is paid upon arrival in the reserved accommodation unit:

The Guest, who pays the rest of the total amount upon the arrival in the accommodation unit, has to do so immediately upon arrival and pay the amount in cash to the service provider, the service provider representative or to the Agency's representative. If the Guest refuses to pay the agreed amount upon arrival, the service provider is not required to allow the usage of the accommodation unit.

If the Guest, upon arrival, wishes to make and pay for a shorter stay than previously agreed upon during the reservation process, the service provider is not obligated to accept this. In case the service provider refuses to agree to the new number of nights, and the Guest refuses to pay the initially agreed total cost, the service provider can completely refuse the Guest's stay. The Guest then has to immediately leave the premises without the right to get a refund of the earlier paid deposit.

In case the Guest wants to spend more nights in the accommodation unit than previously agreed, the Agency or the service provider can accept and allow this new request, while the Guest then has the obligation to immediately pay for the extra amount of the staying extension.

5. Reservation Confirmation

The Agency is obligated to state all the reservation information in the voucher (valid travel document) and to send it to the Guest via e-mail as a confirmation. The voucher contains the information about the number of guests, guest names and surnames, address of the accommodation unit, contact person, all the reserved services and terms of the reservation. The

voucher with the Agency’s logo, sent via e-mail, is a valid document without a signature and stamp since it is the product of electronic communication.

6. Tourist tax

According to Croatian law on the tourist tax, the Guest has to pay for it in the same way as for the accommodation service.

According to the Croatian law on the tourist tax, the price of the tourist tax ranges from 2.00 to 15.00 kunas per adult person/day, depending on the destination and the time of booking. Teenagers aged 12-18 years (not including the ones who are already 18) are entitled to a 50% discount, while children younger than 12 are excluded from paying.

The tourist tax may be included in the price or paid separately, which is specified in the offer. All the information about the tourist tax is clearly stated in the reservation voucher.

7. Details and price of the reservation

The prices published on the Agency's website are different for each accommodation unit, and are displayed or are available upon request because they depend on the length of the reservation, the number of guests and the occupancy of the accommodation unit. The prices of the accommodation units are expressed in euros. The equivalent value of the paid services will be stated on the invoice in kunas as well. The advertised prices for a private accommodation include: daily rental of the accommodation unit, bed linen, equipped kitchen with dishes and cutlery (in accordance with the accommodation unit) and gas, water and electricity expenses (except for 'Robinson Crusoe style' type of accommodation). Each unit within the offer of the Agency contains the following information on the website: Price includes, Obligation and For our guests we can arrange upon request, which are individual for every single unit.

Additional services are the ones provided in the accommodation facility and are not included in the rental price (such as food service, use of the washing machine, boat rentals, etc.). The Guest pays for them additionally and only if using them. If the Agency possesses the price list of these services, it will be displayed on the website. If the Agency is not in the possession of these prices, they are then agreed to directly with the service provider. Most of the additional services have to be paid directly to the service provider, but some of them can even be paid upon the booking confirmation.

Although most of the services are optional, there are also some mandatory services (e.g. final cleaning of the accommodation, guest registration, special transportation to the accommodation facility in some cases, etc.).

The availability of the accommodation may depend on additional services (such as keeping pets, the use of additional beds, etc.), and since these may not always be available (e.g. boat rental, Internet usage, etc.), the Guest is obligated to state all of the preferred additional services when making the reservation.

Guest will have to pay a damage deposit directly to the service provider upon the arrival to the accommodation unit. This deposit can be provided in cash or via credit card. The deposit is a guarantee that the Guest will not cause any damage to the accommodation unit or its contents. On the departure day, the entire deposit amount will be refunded to the Guest if there was no damage. The deposit for damage is indicated on the website of the Agency for each of the accommodation units. On the day of arrival, the Guest leaves the damage deposit to the service

provider, the service provider representative or to the representative of the Agency. The Guest will be refunded the entire damage deposit amount on the day of departure or the authorization of his credit card will be cancelled in max next 3 working days, but only after the provider of the services previously determines that the Guest left the rented accommodation unit in the state in which it was taken. In case that the damage deposit is not enough to cover the damage expenses, the Guest is obligated to pay the full damage amount.

The Guest will be informed about all the mandatory payments, the exact prices for the compulsory services and possible cash deposits, as well as the payment methods, when receiving the offer.

The Agency holds the right to change the prices on its website in case that the service provider changes the prices of the accommodation unit and/or of the additional services. If the price of a certain accommodation unit changes after the Guest has applied for it and before the first deposit payment, the Agency will immediately inform the Guest about the change and send a new calculation if agreed.

In case the price changes after the deposit payment, the Agency guarantees that the rest of the amount will be paid according to the calculation based on the initial price of the accommodation unit. If the Agency or the service provider reduces the price of the accommodation after the Guest confirmed the reservation, the Guest is not entitled to a new, lower price.

The contracting parties agree that the Agency has the right to increase the prices before the beginning of the accommodation service in case that the exchange rate currency has increased by more than 5 %, or in case other expenses have increased, which affect the total price and of which the Agency did not know about and could not have known about. The Guest reserves the right to cancel the reservation if the increase of the agreed price is higher than 10 %. In this case, the Guest can claim a refund of the amount paid until that point, but is not entitled to any additional compensation. The refund will be paid to the Guest's bank account, and all the eventual bank charges will be covered by the agency.

8. Categorization and description of services

The offered accommodation units are classified according to the official categorization of the local tourist board and based on the actual state of the advertised unit. The accommodation standards, food, and other services of different places and countries vary and are not suitable for comparison. The Agency is responsible and obligated only for the information published on its websiteswww.croatia-exclusive.comandwww.orgon.hror in the catalog/other printed materials, and not for the eventual information that the Guest receives at the accommodation unit.

Note on data display

Information about accommodation units placed on www.croatia- exclusive.com and www.orgon.hr may contain some random, grammatical or typographical errors. All the changes, additions and corrections of the texts are done continuously, and the Agency is not responsible for any direct, indirect, punitive, background, special or any other possible damages arising as the outcome of any data use fromwww.croatia- exclusive.com or www.orgon.hr.

Special remarks:
1. Services and activities

a. Some of the services and activities within and around the accommodation unit surroundings can take place only in a certain part of the year (e.g. nightclubs are open only during the summer season), on which the Agency has no effect.

2. Numerical values

b. All the numerical values (area, distance ...) are given with a tolerance of + / - 20%.
c. Data about the distance measurement refers to the air distance, unless indicated otherwise.

3. Types of accommodation units

d. Studio - includes one bedroom, living room, dining room and kitchen.
e. A x+y - "x" denotes the number of fixed beds, and "y" the number of extra beds.
- Fixed beds are the basic beds in the bedrooms, while the extra beds refer to the additional beds within the accommodation unit.

4. Service (equipment) notes

f. On request: additional services are generally available, but it is necessary to require them when making the inquiry (e.g. freezer, hair dryer ...).
g. Verification: any additional service has to be required when making the inquiry due to its specificity, while its availability will be reported in the response to the Guest's inquiry (e.g. baby cot).

h. Shared services: This service exists and can be realized according to the previous agreement with all the other Guests of the same object (e.g. washing machine).
i. Negotiable services: All these services and conditions of their usage are arranged directly by every Guest with the service provider upon arrival to the accommodation unit (e.g. a computer with Internet access).

j. The term "private beach" – A beach in Croatia cannot be privately owned because it is part of the maritime domain that cannot acquire ownership. The term "private beach" means a beach that is poorly utilized by the public, and most often visited only by the guests of the unit that is directly by the above-mentioned beach.

9. Agency's Obligations

The Agency is responsible for providing services and selecting the service providers, and at the same time caring about the rights and interests of its clients in accordance to the tourism customs. The Agency will fulfill all of the above listed and described obligations, except in extraordinary circumstances that the Agency has no effect on (see introductory note).

10. Guests’ Obligations The Guest is obligated to:

•  provide all the information indispensable for the reservation definition;

•  possess valid travel documents;

•  provide upon arrival to service provider or Agency representative the passports or ID

  details for the guests registration in E-Visitor System. The Guests agree that their personal details can be used for registering in E-visitor System. (Guest/s registration in E- Visitor System is obligation of every host by Croatia Low)

•  respect the customs and currency regulations of the destination country;

•  obey the customs, currency regulations and laws of the Republic of Croatia, as well as those of the transit countries during the journey. In case of the impossibility of arriving at the destination, because of violating these regulations, all costs have to be covered by

  the offender/the Guest;

•  obey the house rules in the accommodation units and kindly cooperate with the service providers;

•  present the voucher (where the correct number of people and service types are stated) to the service provider at the moment of arrival to the accommodation facility;

•  always check whether the destination country or any of the neighboring countries require a visa.

•  The guest is solicited to take good care of the accommodation unit and its property in an appropriate way and respect the terms and conditions of the accommodation unit. The guest is requested to leave the accommodation unit neat and tidy upon check-out; in case of contravention, a certain amount (50 - 200 euros, depends on the accommodation unit) will be charged from the damage deposit for an additional cleaning service.

  In cases of non-compliance with these obligations, the Guest shall pay for all the costs and be responsible for eventual damages. By confirming the reservation, the Guest agrees that, in case of any damage, he/she will pay for it to the service provider.

  11. Guest's right to change and cancel the reservation

  a. In case the Guest wants to change or cancel the reservation, it always has to be done in writing (via e-mail). The changes may include: the number of people, names of guests, and/or another date of the holiday beginning or ending (needs to be reported at least 90 days before arrival). The first reservation change is done without any additional charge, if possible. Each subsequent change will be charged in the amount of 15 euros/change. In case that the reservation change is not possible, and the Guest gives up on the already confirmed reservation, the terms listed below are applied.

  b. The date when the written cancellation notification is received by the Agency represents the basis for the calculation of all the cancellation charges. In case the written cancellation was not received within the working hours of the Agency, the cancellation date is considered to be the next working day:

•  If the Guest cancels the reservation in the period of 24 hours after the booking confirmation, the total amount of the payment will be refunded to the Guest.

•  If the Guest cancels the reservation in period after the free cancelation time of 24 hours up to before paying the rest to the total reservation amount, the Guest is not obligated to pay remaining amount of the total price.

•  If the Guest cancels the reservation after paying the rest of the total price, the money of all the deposit payments will not be refunded.

  Any of the paid deposits, as well as the one which confirms the agreed reservation, are not refundable. The rest of the full reservation price should be paid upon the offer which the Guest received by the Agency. In case of a late payment, the Agency reserves the right to cancel the reservation.

  In case the Guest has to cancel the reservation within the 7 days before the agreed arrival, he/she is allowed to find a new Guest for the same reservation period, if possible (this also always depends on the service provider). In this situation, the Agency will charge only the costs incurred because of the reservation changes, i.e. the change of the actual Guest. The new Guest accepts all the obligations written within these Terms and Conditions.

If the Guest does not check in until midnight on the starting date of the holiday, and does not inform the Agency or the service provider about it, the reservation will be cancelled and the cancellation costs will be calculated as described above. If the actual costs exceed the above listed ones, the Agency holds the right to charge the actual costs.

In case the Guest is unable to check in on the previously agreed day, and has informed the Agency and/or service provider about it, the accommodation unit is still kept for the Guest, based on the agreement.

The Agency does not compensate for the cost of the passports or visas of the Guest, related to the cancellation of the Guest’s reservation.

12. Cancellation insurance

If the Guest predicts that for some reason he/she might need to cancel the trip, the Agency recommends purchasing cancellation insurance. These insurance premiums calculations are based on the reservation value and are calculated according to the price list of the insurance company.

13. Travel insurance

The reservation prices do not include the travel insurance "package": the insurance against accidents and illness while travelling, insurance against any damage or loss of luggage and health insurance. By confirming the reservation, the Guest choses one of the payment models, and by completing the booking confirmation he/she also accepts these Terms and Conditions. In case the Guest requires additional insurance, it can be arranged directly with one of the insurance companies.

We always recommend carefully reading all of the insurance terms before purchasing.

14. Luggage

The Agency is not responsible for damaged, destroyed, lost and stolen luggage or valuables in the accommodation unit (renting a safety deposit box is always recommendable, if available, or paying the insurance that includes the lost or stolen luggage problems). The lost or stolen luggage should be reported to the service provider or the Agency representative and to the local police station.

15. Agency's right to make changes and cancellations

The Agency holds the right to change and cancel the reservation. The booked accommodation can be changed for another one of the same or higher category only with the prior Guest's notification. It is always done by the previously agreed price. If the alternative accommodation is available only in the facility of higher quality and the price is more expensive (10%) than the original price, the Agency holds the right to charge the price difference upon consulting the customer.

In cases where the alternative accommodation is not an option, the Agency holds the right to cancel the reservation and to inform the Guest about it. In case of cancelling the reservation made by the Agency, the Guest has no right to ask for any compensation, and the Agency is only obligated to refund the amount paid to its account.

16. Dealing with complaints

Note: All guests who are visiting the Republic of Croatia must be aware that, according to the Republic of Croatia, the Law on Construction permits external works in the period 01.01 - 15.06 and 01.09 - 31.12.

The Guest is required, upon arrival at the accommodation unit, to check everything together with the service provider. This is important in order to communicate the inadequate service and inform the Agency about all the eventual deficiencies in writing. In that case, all the problems will be solved as soon as possible, at the latest within the period of 2 working days.

If the Guest during his stay has a complaint about the unit or the use of services during his/her stay, the Guest is obligated to inform the service provider or the representative of the Agency, as well as to inform the Agency in writing. All possible problems in the unit will be removed as soon as possible and no later than 2 working days. For any eventual problems that have been resolved, the client has no right to complain, nor the Agency nor the service provider are subject to grounds for complaint. The guest is required to cooperate with the service provider and the Agency in good faith in order to rectify the problem.

If the guest has not made a complaint during his stay, he is deemed to be satisfied and waives the right to complain after leaving the accommodation.

During the problem solving period, which can last up to 36 days at the most after sending the complaint, the Guest cannot involve any other party, the UHPA arbitration or other institutions, as well as providing any information to the media. Also, during this period, the Guest agrees not to sue the Agency or the service provider. The maximum compensation amount can reach the total price of the inadequate service, and cannot include already provided services or the total amount of the reservation. This excludes the right of the Guest for ideal damage compensation.

The Agency cannot be held responsible for eventual weather conditions, sea temperature at the destinations and all other similar situations or events that can cause the Guest's dissatisfaction, and are not directly related to the quality of the accommodation units (e.g. bad weather, badly maintained beaches, large crowds, stealing or property damage, etc.).

Note

By confirming the reservation and paying the deposit or the total amount, the Guest accepts all of the above listed Terms and Conditions. These Terms and Conditions exclude all previous travel terms and conditions.

17. Discounts

In the case of simultaneous offers, no discounts can be combined. Discounts do not apply to the "last minute" offers.

18. Cooperation with subagents

In cooperation with the subagents, upon their request (inquiry) for the tourist services, Orgon Travel Agency will make an offer of free capacity. Further communication between the subagent and the client, the final offer to the client, and the terms and conditions of the reservation of tourist services that the client makes via the subagent are not the responsibility of Orgon Tourist Agency.

All subagents are required to thoroughly review the proposed tourist offer and it is their own

responsibility to make the final decision of what to offer the client and what is the best offer for the client’s request.

In the case of a complaint by a client for the deficiencies of transferred information about the tourist offer, liability and damage lies solely on the subagent, who is bound to transfer all accurate and reliable information that is relevant to the request of the client.

For all information that is important to confirm the booking, but which is not mentioned in the presentation material and the offer, the Orgon team will be available to provide all the necessary information.

19. Personal data entry and transfer

The entry and transfer of personal data and credit card number data is protected by the SSL protocol (put the encription degree and the SSL type) provided by the SSL certificate issued by (put the name of the certificate issuer). Authorization and credit card payment is processed in real-time via the WSPay system.

20. Court Jurisdiction

The Guest and Agency will attempt to settle any possible disputes amicably, and if this is not possible, both accept the jurisdiction of the Split court, while the applicable law will be the one of the Republic of Croatia.