ACCOMMMODATION - GENERAL TERMS AND CONDITIONS

1. Introductory remarks

With these terms and conditions, we define the terms and conditions between us, the company Escapian d.o.o., Zagreb (City of Zagreb), Jurja Žerjavića 19, OIB 57684155064, as a travel agency and intermediary (hereinafter: the Agency), and you as a travel contractor, guest, who concluded an agreement (voucher) with us for accommodation reservation services and other services through our website www.escapian.com.

The Agency treats all its guests in the same way and these terms and conditions apply to all guests who use the services of the Agency.

The Agency acts as an intermediary when booking the accommodation service, while it is considered the organizer in case the guest contracts the provision of additional services with the Agency.

It is recommended that you carefully read all the information on our website and check all the details that were confirmed with you at the time you made the reservation, because this information forms the basis of your agreement with us. The moment you book accommodation or any other service from our site, you enter into a legal relationship with our Agency and it is considered that you accept all the stated general terms and conditions.

These general terms and conditions are binding on the Agency, binding on the guest who paid the advance payment of accommodation and/or additional services through the Agency and are also binding on the owner of the accommodation, who agreed to them, in the part relating to the quality of accommodation and conditions related to accommodation.

2. Agency offer

The Agency provides accommodation services and other services according to the information published on the Internet (more precisely on the Agency's website). The Agency ensures the provision of services pursuant to the information published on the website according to the description and date of the individual reservation on the day of reservation confirmation, except in case of extraordinary circumstances that cannot be foreseen or eliminated (force majeure, inability to enter and leave the country, pandemic).

3. Method of reservation and payment

The Agency operates electronically, through the website www.escapian.com where the guest chooses the accommodation service or any other service. When creating a reservation for accommodation or other services, the guest should read these General Terms and Conditions before making their reservation. 

The Agency shall make available to the guest the appropriate material in electronic form, provide them with all relevant information regarding the reserved service, and refer them to these General Terms and Conditions which are an integral part of this agreement.

When making a reservation, the Guest undertakes to provide all information required by the reservation process. To make a reservation for the accommodation service, the guest is obliged to pay an advance of at least 30% of the total value of the booked accommodation for the selected period unless otherwise stated during the reservation process, and the rest of the total value of the booked accommodation no later than 30 days before arrival. In case the guest has not paid the difference between the advance payment and the full amount of the accommodation price no later than 30 days before using the accommodation service, the reservation will be cancelled on the thirtieth day before using the accommodation service and the guest is not entitled to a refund.    

The reservation is considered confirmed by the guest by paying an advance or the full amount of the reservation price.

The described method of payment is valid for all facilities unless otherwise stated, which the guest is aware of when confirming the reservation.

Allowed payment methods for the advance payment and the remaining amount of the agreed accommodation price are bank transfers, credit cards and Pay Pal. All payments will be made in EUR. When paying, it is possible that there is a deviation of the amount charged in relation to the price displayed on the Agency's website due to the exchange rate difference. The Agency is not responsible for exchange rate differences or costs and fees associated with other banking institutions.

Promotions and discounts cannot be added or combined. Only one discount can apply to each reservation.

4. Price

The price of the accommodation service includes the service listed in the description of the specific guest reservation.

The basic service is considered primarily accommodation and other services that are common for accommodation. Utilities (water, gas, electricity, internet subscriptions, etc.), interior and exterior maintenance costs, residence registration and tourist tax as well as value added tax are included in the total rental price published in EUR. In case the tourist tax is paid in cash on the day of the guest's arrival at the accommodation facility, that shall be indicated when making the reservation. The price of the tourist tax depends on the destination of the stay in the Republic of Croatia, the period of stay and the number of guests.

Additional services are those services that are not included in the basic services and which the guest announces in advance and selects from the offer when making a reservation of accommodation, and are charged separately according to the price listed alongside them.

When making a reservation, the guest will be clearly informed on the services which are included in the price of accommodation, and on those which will be charged extra based on their choice. The guest will also be informed on the total cost of their individual reservation before confirming it.

5. Lowest price guarantee

The guest is guaranteed the lowest price of accommodation and the guest has the right to report to the Agency that the same accommodation unit is advertised at a better price than the one offered to the guest by the Agency. If the guest registers and submits proof that the same accommodation unit is advertised at a better price than the price offered by the Agency, the Agency has the right to immediately reduce the agreed price to that better price, of which the Renter is notified without delay. The Agency grants an additional 5% discount on the stated lowest price to the guest who submitted proof of a lower offer.

The Agency guarantees the lowest price to the guest in the period before the reservation, i.e., at the time of making the reservation. The lowest price guarantee cannot be applied subsequently after the reservation has already been made and paid.

The lowest price guarantee is not valid if the difference in prices is due to significant changes in exchange rates, taxes or fees, prices on other websites are not up to date and reservations cannot be made on such websites, and last-minute and special promotions. 

6. Obligations of the guest

The guest undertakes to have valid travel documents with them, to get all the information regarding the documentation they need to enter the Republic of Croatia and/or pass through neighboring countries as well as the customs and foreign exchange regulations of the Republic of Croatia and neighbouring countries if they travel with cash and/or food.

If the guest is unable to arrive at the agreed time due to violation of any regulations concerning their travel and crossing the border, all costs incurred are borne by the guest and are not entitled to a refund of paid accommodation in case of no-show or later arrival.

The guest will present the Renter with a confirmation of paid service (so-called voucher) upon arrival, and the voucher will be sent to them by e-mail immediately after payment.

The service is reserved exclusively for the person and accompanying persons listed on the voucher, and no other person is allowed to stay in the accommodation, and it is forbidden to invite other people to organize events such as parties, celebrations or other large gatherings, unless agreed upon in writing before making a reservation and in the event that an appropriate payment has been made (if applicable). The guest is obliged to inform the Agency if they plan to arrive with more people than stated in the reservation, but within the capacity of the accommodation unit. In that case, the Agency will issue them a new voucher with the exact number of people.

By confirming the reservation, the guest undertakes to pay for any damage caused to the accommodation directly to the Renter on the spot, at the latest when leaving the accommodation.

During the accommodation, the guest is obliged to conscientiously use all energy resources in the accommodation and when leaving the accommodation, leave the accommodation tidy. The guest is not authorized to arrange the furniture and/or paintings during the accommodation, but will use the accommodation in the arrangement as they rented it.

In case the guest is arriving with a pet, the guest is obliged to check when making a reservation whether the accommodation unit they rent provides the option of staying with pets and under what conditions. The Agency advertises the stated conditions according to the conditions of the individual Renter. If the Renter charges an additional fee for the stay of the pet, the Agency will inform the guest at the time of making a reservation about the requirement to pay such a fee and it will be immediately included in the price of accommodation.

In any case, the guest is obliged to state when making a reservation that they are arriving with a pet, with a note about the type and size of the pet. In case the guest does not announce the arrival of the pet to the Agency, the Renter is authorized to refuse to provide the service to the guest without the obligation to compensate the damage and paid price of accommodation. In that case, the Agency is not obliged to accept a complaint from the guest about the quality of the booked accommodation or service.

It is the obligation and responsibility of the guest to take care of the pet. The Agency and the Renter do not guarantee the safety of the pet in the accommodation, the guest is solely responsible for this.

A youth group is a group of guests under the age of 27. Special conditions apply to youth groups depending on the rules of each house. Such groups must register in advance before each reservation and immediately after. In case the approval is not obtained before the reservation, the Agency has the right to deny the guests the right to make the reservation. In some facilities, youth groups are never welcome. This is usually stated on the page of the individual facility. 

7. Categorization and description of accommodation

All accommodation units offered by the Agency are categorized according to the categorizations of the competent authorities, which were submitted to the Agency, and the representative of the Agency was immediately assured of the condition of the accommodation. Information about the accommodation unit and the description of the accommodation is published on the Agency's website www.escapian.com and/or in the Agency's printed materials.

8. Change of reservation and cancellation

The guest shall communicate with the Agency via e-mail, the contact phone number officially published on the Agency's website, as well as the guest portal on the website.

In case of sending a request for change or cancellation of the reservation within the working hours of the Agency as stated on the website of the Agency, the request will be considered to have arrived on the same day. A request sent outside the Agency's working hours shall be deemed to have been received on the next working day of the Agency.   

Reservation change

If the guest wants to change the reservation in the sense that they want to change the dates of the reservation, they are obliged to inform the Agency in writing (via e-mail). If the accommodation is available on the new dates requested by the guest, the change will be made free of charge. In case it is not, the Agency will offer the guest possible dates that are closest to the dates requested by the guest. In case the guest wants to change the dates to those in which the price of accommodation is lower than the one at which they made the reservation, the guest is not entitled to the difference in the price of accommodation. In case the guest wants to change the dates to those in which the price of accommodation is higher than the one at which they made the reservation, the guest must pay the difference in the price of accommodation.

If the guest does not agree to the offered new accommodation and is not able to arrive in the booked time, the guest will be considered to have cancelled the original reservation and the cancellation policy will apply.

Reservation cancellation

The reservation cancellation policy is as follows:

If the guest cancels the confirmed reservation of private accommodation within 48 hours after the advance payment, provided that there are more than 30 days until the start of using the service, the Agency will refund the full amount paid in advance within 7 working days. This rule only applies to the first cancellation of a reservation in the current year.

If the guest cancels up to 30 days before they begin using the service (including the 30th day), they will be charged a minimum of 30% of the total price of the reservation, i.e., the Agency is not obliged to refund the value of the advance payment.

If the guest cancels the reservation 29 days before the day of using the service, the guest is charged 100% of the total price of the reservation, i.e., the Agency has no obligation to refund the paid amount of the accommodation price.

Note: the above-stated terms and conditions apply to all types of facilities unless otherwise stated during the booking process.

The terms and conditions of cancellation and change of reservation are valid for all facilities advertised by the Agency, unless otherwise stated during the specific reservation, i.e. on offer issued to the guest. 

The Agency is not obliged to cover the costs incurred by the guest to obtain a visa or documentation required for entry into the Republic of Croatia.

9. Insurance and deposit

If during the reservation the guest thinks that for some reason they might cancel the trip, the Agency recommends purchasing the cancellation insurance policy.

In the event that the guest has not contracted cancellation insurance, and they must cancel the trip, the Agency reserves the right to payment according to the rules set out in Article 8 of these Terms and Conditions. In case of cancellation of the reservation, the cost of purchasing visas or travel documents is not paid, even in the case when the guest has purchased the cancellation insurance. By paying for the cancellation insurance policy, the guest transfers all their claims to the insurance company whose cancellation insurance policy they own, and the Agency undertakes to provide all documentation related to the reservation that the guest needs in order to realize claims against the insurance company. All other insurance conditions are included with the insurance policy and we recommend that every guest read them in person.

When booking accommodation, the guest will be informed, in accordance with the terms and conditions of the individual renters, about the obligation to pay a deposit directly to the Renter upon arrival at the accommodation, as insurance against any damage caused in the accommodation unit. The obligation to pay a deposit to the Renter will be clearly stated for the guest, noting that it will be returned to them no later than the day of departure from the accommodation.

The Agency can offer the guest the option of contracting a property liability insurance policy during the reservation process. In this case, the guest is not obliged to pay a deposit to the Renter on the day of arrival at the accommodation.

In case the guest notices any damage to the accommodation, they are obliged to immediately report it to the renter or the Agency. This applies in particular to damage for which the guest is not responsible.

The Renter is obliged to return the paid deposit to the guest, reduced by the amount of damage caused by the guest.

10. Personal belongings of the guest

The guest is obliged to take care of the belongings that they bring into the accommodation. The Agency is not responsible for theft, loss or damage of items left unattended by the guest. This also applies to items of greater value (valuables) and the guest is recommended to either use the safe service where possible, or not to leave such items unattended.

The guest is obliged to report the lost item to the Renter and, if desired, to the competent police administration.

11. The Agency's right to change and cancellation

The Agency has the right to change the reservation if extraordinary circumstances occur that cannot be foreseen, avoided or eliminated (force majeure, pandemic, natural disasters, extraordinary damage to the accommodation facility). The conditions for changing the reservation are that the guest has been duly notified of the change and that the guest has been provided with replacement accommodation of the same or higher category than the booked accommodation.

In case a change in the accommodation is not possible, the Agency has the right to cancel the reservation with a notice to the guest before they start using the service and the Agency will refund the entire amount paid for the reservation. In this case, the guest is not entitled to compensation for damages, but to everything they paid to the Agency in the name of the reservation.

If the Agency is not able to find a replacement accommodation on the day when the guest is to start using the service, they are obliged to provide the guest with all information about accommodation that is not offered by the Agency, as well as to refund the entire amount paid to the guest.

12. Complaints resolution

If the guest notices insufficient cleaning, damage or other malfunctions in the accommodation unit when checking into their accommodation unit, or has other types of complaints, they shall send a complaint without delay and within 24 hours at the latest.

Complaints regarding cleaning are addressed immediately. The complaint is addressed directly to the owner of the accommodation unit or their authorized representative. If the complaint is not resolved satisfactorily for the guest, the guest will contact the Agency directly.

In case of dissatisfaction due to a service that was not performed or was performed poorly, the guest can complain about the inadequate service and notify the Agency at [email protected] or at the phone number available on the Agency's website and during the Agency's working hours which are also published on the Agency's website.

The guest will cooperate with the Renter and the Agency to eliminate the cause of the complaint, if possible.

If the guest left the accommodation facility due to dissatisfaction, without submitting a complaint to the Agency, they have no right to demand a refund of the paid reservation or compensation, regardless of the justification of the complaint.

In the event that the guest accepts the decision regarding the submitted complaint, they have no right to submit the same substantive complaint.

In case the problem has not been eliminated, even with the intervention of the Agency, the guest is obliged to send a written complaint to the Agency with supporting documentation and photographs proving the basis of the complaint at [email protected] no later than 7 days after leaving the accommodation. The Agency will consider only a complaint submitted within the deadline that contains evidence of the basis of the complaint.

After the complaint is received, noting that complaints sent within the Agency's working hours are considered received on the same day, while those submitted after the Agency's working hours are considered submitted the next working day, the Agency will make a decision on the complaint within 14 days. 

While the settlement procedure is ongoing and, in total, for a maximum of 14 days after filing the complaint, the guest irrevocably waives the mediation of any third party: arbitration of UHPA (Association of Croatian Travel Agencies) or other institution, providing information to the media, as well as the right to sue.

The highest claim per complaint may reach the amount of the advertised part of the services, and may not include already used services or the entire amount of accommodation.

The Agency cannot be held responsible for possible deterioration of climatic conditions, cleanliness and sea temperature in destinations and all other similar situations and events that may cause guest dissatisfaction, not directly related to the quality of the booked accommodation unit (e.g., bad weather, poorly arranged beaches, over-crowdedness, theft or damage to property, etc.).

13. Personal data protection

The guest provides personal data voluntarily. The personal data of the guest are required in the process of realization of the requested service. They will also be used for further communication with the guest. The Agency undertakes not to take the guest's personal data out of the country or disclose it to a third party, except for the purpose of realizing the requested service. The personal data of the guest will be stored in the database, in accordance with the decision of the Management Board on the manner of collecting, processing and storing personal data. 

14. Miscellaneous

By confirming the reservation and paying the advance or the total amount of the reservation, the guest confirms their consent to the above-stated Terms and Conditions.

15. Jurisdiction of the court

The guest and the Agency undertake to try to resolve any disputes in the application of this Agreement by mutual agreement, while otherwise they are subject to the decision of the competent court in Zagreb, where the applicable law is Croatian law.

WEB SHOP - GENERAL TERMS AND CONDITIONS

1. Introductory remarks

These terms and conditions define the terms between us, the company Escapian d.o.o., Zagreb (City of Zagreb), Jurja Žerjavića 19, OIB 57684155064, as a seller and provider of e-commerce services at www.escapian.com, and you, as our client who enters into a sale and purchase agreement with us. We apply an identical approach to our clients and provide them with the same benefits. These Terms and Conditions concern, first and foremost, the purchase of goods (stock-up options) in our e-commerce.

The Escapian web store offers its products as an additional service to clients who have booked and rented accommodation through the Escapian web portal.

2. Concluding the sale and purchase agreement

You can conclude a sale and purchase agreement remotely via e-commerce. When concluding a distance agreement, by ordering and sending the order on the website, a sale and purchase agreement is concluded. We will confirm the receipt of the order by email. We deliver products in the ordered and available quantity. In specific cases (especially in the case of a discount or sale), we have the right to determine the maximum quantity we can deliver.

3. Withdrawal from the agreement without stating a reason

According to the Consumer Protection Act, you have the right to withdraw from an agreement concluded electronically within 14 days of delivery of the goods, without stating a reason. The 14-day period begins to run from the time when the goods subject to the agreement have been handed over to you or to a third party designated by you, who is not a carrier.

If you wish to exercise this right, you must notify us of your decision to withdraw from the agreement within the specified time limit. The best way is to send your decision to [email protected]

You can fill in and send a copy of the unilateral agreement termination form from our website here.

We will send you a confirmation of receipt of the notice of unilateral termination of the contract by e-mail without delay.

If you decide to withdraw from the agreement, we will refund you for the purchase price of the goods. In the event of withdrawal from the agreement within 14 days of delivery of the goods, you are also entitled to a refund of delivery costs in an amount equal to the cheapest method of delivery offered. The above-stated funds will be refunded without delay, no later than 14 days from the date of withdrawal from the agreement. However, in accordance with the Consumer Protection Act, we will refund the payment only after the goods are returned to us, that is, in the case that we were notified before receiving the goods, we will refund the payment after you provide us with proof that you sent the goods back. The refund will be made in the same way as you made the payment. In the event that you agree to another method of refund of the amount paid, you will not incur any costs in relation to the refund.

Products should be sent without delay, no later than 14 days from the date of withdrawal from the agreement, to the address: Escapian d.o.o., Jurja Žerjavića 19, 10 000 Zagreb. You shall bear the cost of returning the goods yourself.

Please note that you do not have the right to withdraw from the agreement if the goods have been opened or if they are not in their original packaging.

4. Complaints (written complaint)

If you discover a fault in the product after its delivery, the seller will send a new product identical to the one ordered as compensation.

We take responsibility for faults in the goods if they occur within two years from the delivery of the goods, or until the expiration date of the product.

Goods are considered faulty if they are out of date, if they are not delivered in the agreed quantity or if the goods that have been delivered were not the ones that were ordered. Please note that increased sensitivity or allergic reaction to the delivered goods cannot be considered as a product fault. Also, an error regarding gifts and other free products that we send outside the scope of your order is not considered a fault. Product images in our web shop are illustrative only and do not represent a binding representation of the properties of the goods (for example, packaging may differ due to changes by the manufacturer).

Send us your written complaint on the form that you can download to the e-mail address [email protected], and we will send you a confirmation of the receipt of the complaint without delay. We would ask you to state in the form what kind of fault it is, attach photos that clearly show the product fault and describe how the fault is error is manifested. Send the subject-matter goods to the address Escapian d.o.o., Jurja Žerjavića 19, 10 000 Zagreb together with the completed complaint form.

We will inform you about the progress of the complaint itself, especially in connection with the its receipt, acceptance or dismissal, by e-mail.

We will make a decision on the complaint without delay. We are obliged to respond to the received complaint within 15 days. Otherwise, you will have the right to withdraw from the sale and purchase agreement. It is necessary to ensure full cooperation on your part in order to respect the above-stated time limit.

In the event that a written complaint is justified and in the case of return of goods, we bear the cost of return.

5. Methods of payment and delivery

You can choose the method of payment and delivery from the offered options. In the last step of your order, the amount of the total order price will be calculated.

The payment and delivery methods we currently offer are as follows:

– credit cards – one-off (Maestro, MasterCard, VISA, Diners, Discover, DinaCard cards)

– by payment to the seller's transaction account (Internet banking, general payment slip)

– payment by Paypal (Mastercard, Visa, Diners, JCB),

The Escapian web store uses WSPay for online payments.

WSPay is a secure system for online payment, real-time payment, credit and debit cards and other payment methods. WSPay provides the customer and seller with secure registration and transfer of entered card data, which is confirmed by the PCI DSS certificate that WSPay uses. WSPay uses 256-bit encryption SSL certification and TLS 1.2 cryptographic protocol as the highest levels of protection when writing and transferring data.

6. Delivery

The price of the ordered goods includes the delivery of the ordered products to the accommodation unit that the customer has booked through the Escapian website. The products are delivered by 18:00 on the day of arrival of the client in the accommodation unit (check-in).

7. Miscellaneous

We can provide our customers with various discounts and gifts, as well as various vouchers (coupons). Their use is governed by rules on which we inform the client on a case-by-case basis. Unless otherwise stated, each discount or gift voucher can be redeemed once, and only one voucher of the same type can be redeemed at the time of purchase. Unless otherwise stated, discounts cannot be combined. In the event that the value of the gift voucher is greater than the value of the total purchase, the difference will not be transferred to the new voucher nor will the unused amount be reimbursed.

8. Basic information

The seller is obliged to issue an invoice to the buyer. The invoice for the ordered products will be delivered electronically and, with the made purchase, the customer agrees to the delivery of the e-invoice.

The agreement will be concluded in the Republic of Croatia and the law of the Republic of Croatia shall apply to it.

All listed prices, including discounted prices, are valid until further notice or until stocks are exhausted.

We can change these terms and conditions at any time and they shall come into force on the day of their publication on our website and from that moment they shall apply to all concluded agreements. We are not obliged to inform anyone about the announcement of the change of terms and conditions.