Agency Croatia is a travel agency (hereinafter: Agency Croatia) owned by Kauf Katja, Tokic Anamarija GbR, which specialized in agency activities in renting accommodations and organizing full- and half-day tours in Istria. Agency Croatia contracts accommodation services directly with real estate owners and tourist services with local providers in order to secure its guests a service at the highest possible level. All advertised accommodations are under contract with Agency Croatia and they all have licenses issued by the state authorities. Unless otherwise stated, the organizer of all trips offered is Agency Croatia. In the case of services expressly designated as mediated in the travel documents and other declarations, Agency Croatia is merely the agent.
In the rental contract which you enter into with Agency Croatia as an agent, you as a lessee (hereinafter: guest) actually conclude with the accommodation owner as a lessor (hereinafter: owner). Agency Croatia acts exclusively as an agent and it shall be liable only as an agent. By paying a down payment for the reservation of the selected accommodation in the demanded period you unconditionally accept these general conditions which shall be published on the web page of Agency Croatia and come into force on the day of publishing. After Agency Croatia or the owner receives the payment of the reservation down payment, it shall send a written confirmation to the guest by e-mail, which shall contain a precise accommodation location and all necessary contact information. The written confirmation, together with these general conditions makes a rental contract between the guest and the accommodation owner. The guest must be at least 25 years old on the accommodation booking date.
The earliest arrival time is 16.00 on the arrival day. The latest departure time is 10.00 on the departure day. Earlier arrivals and later departures will not be possible.
The guest is obligated by Croatian law to provide the owner with official identification documents containing personal details for tourist registration purposes with the national tourist board (HTZ). This information will not be used for any other purposes. A guest that will not provide any form of personal identification for tourist registration as required by law, may be denied access to the property with no possibility of a refund of the paid rent.
At any time, the number of guests on the property cannot be higher than the one stated in the confirmation. The number of guests can be increased up to the maximum capacity stated on the accommodation website, no later than three days before arrival. The guest number change request must be submitted by email. The total number of guests includes children regardless of their age. If unregistered guests are on the property, the owner and/or Agency Croatia retain the right to terminate the rental agreement immediately, without a notice period, and the guests are obligated to leave the accommodation permanently, within two hours. A refund for the unused part of the rental period will not be possible.
In case most of the guests are 25 years old or younger, they are considered a youth group. Special conditions may apply to youth groups, depending on the individual accommodation rules. Youth groups are obligated to inform Agency Croatia prior to or immediately after the booking about their youth group status. Non-compliance with this article may result in an immediate non-refundable booking cancellation.
It is forbidden to set up tents or bring trailers or similar. If this provision is not respected, the owner and/or Agency Croatia are authorized to terminate the lease agreement immediately, without a notice period, and the guest is obligated to leave the accommodation permanently together with all the persons staying there within two hours, and he/she is not entitled to demand from the owner or Agency Croatia the return of the paid sum for accommodation.
It is marked on the website of each accommodation if pets are allowed. Pets are not allowed in the pools in any of the accommodations. Possible additional costs for the cleaning regarding the pets shall be clearly mentioned on the website of the accommodation. During the reservation process, the guest has to identify the number of pets, and an additional cleaning costs charge (if it is foreseen) related to pets is automatically added to the total rental fee amount. It is not permitted to keep a larger number of pets than the number which is registered and mentioned on the confirmation. The pet owners are responsible for the cleaning of pet wastet, and the pets are not allowed to sit on the furniture at any moment. Each piece of evidence on the stay of a pet on the furniture may cause additional cleaning costs. All pets must be timely vaccinated against rabidity and all other illnesses in accordance with valid regulations. The guests should inform themselves about possible common pet illnesses in the travel area and prevent them. Keeping pets in the accommodation is the exclusive responsibility of the guest, and owners and Agency Croatia do not take any responsibility for a possible illness or injury that the pets might suffer during their stay. In some accommodations, it is not permitted to keep pets. However, neither the owner nor Agency Croatia can guarantee that there were no pets in the house previously, or that the owner has no pets. Agency Croatia does not take any responsibility for possible allergic reactions of guests that might occur in any of the houses. If the guest brings a pet that was not announced in advance, the owner and/or Agency Croatia retain the right to terminate the rental contract immediately, without a notice period, and the guest is obligated to leave the accommodation permanently within two hours with all the persons staying there, and he/she is not entitled to demand from the owner or Agency Croatia the return of the paid sum for the accommodation.
At the reservation of a newly built accommodation, the guest must be aware that it might happen that there was not enough time for the grass, plants, flowers, etc. to grow in the garden.
In case the guests disturb public order by noise and do not calm down after a warning, that can be considered a severe breach of the rental contract provisions, in which case the owner and/or Agency Croatia are authorized to terminate the rental contract immediately, without a notice period, and the guest is obligated to leave the accommodation permanently together with all the persons staying there within two hours, and he is not entitled to demand from the owner or Agency Croatia the return of the paid sum for accommodation.
The guest is obligated to obey the instructions of any kind that refer to the usage of swimming pools and that are given by the owner or Agency Croatia for the guest’s own safety. The guest is responsible for using the swimming pool in any sense. Children must be under the supervision of adults in the swimming pool area at all times. The guest uses the swimming pool at his own responsibility. Please note that outside of the summer season, the swimming pool might not be usable. You should take into consideration that the usage of whirlpools and swimming pools is related to certain health risks, and you use it at your own responsibility. The water in the whirlpools might not be warm until the late evening hours on the day of the guest’s arrival. It is forbidden to climb on the whirlpool lids. The lids are used for isolation, they are not designed and adjusted to bear the weight of a person and can be easily broken. In case the lid is broken, the guest is obligated to compensate for the damage directly to the owner.
Each accommodation has its own house rules that are put on a visible place on the property. Guests are obligated to follow the house rules. If the guest does not follow the house rules, that can be considered a severe breach of the rental contract provisions, and in this case, the owner and/or Agency Croatia are entitled to terminate the rental contract immediately, without a notice period, and the guest is obligated to leave the accommodation permanently with all the persons staying there within two hours, and he/she is not entitled to demand the return of the paid accommodation price from the owner or Agency Croatia.
Unless otherwise mentioned, all the prices are stated in Euro. The payment is made in euros. The reservation is binding, and an advance payment in the amount of 30% of the agreed accommodation price is required at the reservation, after which the reservation is confirmed, the contract with the owner is concluded and the general conditions that make a constituent part of the accommodation rental contract are accepted. After the completion of the reservation process and payment, Agency Croatia shall send a written confirmation by e-mail. This confirmation shall contain all the necessary information about the accommodation and along with these general conditions, it represents a rental contract concluded with the owner, with the mediation of Agency Croatia. The rental contract is considered concluded at the moment when Agency Croatia or the owner receives the paid advance amount. In case the payment is not made within three working days from the reservation day, the rental contract is deemed terminated. The costs of water, gas, electric power, and internet, as well as bed linen, towels, final cleaning of the interior, maintenance of the swimming pool and exterior, registration of stay, residential tax, and the value-added tax, are included in the accommodation price. The permitted payment methods for the advance payment are PayPal and bank transfer. All payments are to be made in EURO (EUR). Agency Croatia cannot be responsible for the exchange rate differences or fees of other bank institutions. For the rest payment (70% of the agreed accommodation price) the same payment methods that can be used for the advance payment are accepted. The payment by PayPal or bank transfer has to be made no later than 30 days before the arrival at the accommodation. In case of a cancellation of the reservation, none of the payments that were made can be returned because Agency Croatia forwards the payments to the owners, in accordance with an agreement with the owners. We recommend contracting travel insurance which covers the travel cancellation risk.
For reservations that were made 30 or more days before the beginning of the rental period, the following conditions shall apply:
a) the advance payment of 30% of the total agreed accommodation price is due for payment within three working days;
b) the rest of 70% of the total agreed accommodation price is due for payment no later than 30 days before the beginning of the rental period if the payment is made by bank transfer or PayPal. If the payment in cash is selected (in accommodations where this is permitted; in case there is such a possibility, it is offered during the booking process) the rest of 70% is due for payment immediately after the guest’s arrival, and the guest is obligated to pay the rest immediately directly to the owner. There is no possibility to pay electronically (cards/PayPal) at the accommodation.
a) The total rental amount is due immediately for payment by bank transfer or PayPal.
b) In case that the guest selects the payment of the rest of the agreed accommodation price in cash (in accommodations where this is permitted; in case there is such a possibility, it is offered during the booking process) the advance payment in the amount of 30% of the agreed accommodation price is due immediately for payment, and the rest of 70% is due in cash on guest’s arrival. There is no possibility to pay electronically (cards/PayPal) at the accommodation.
The guest is obligated to make payments within the period and in a way described in this clause of the general conditions. If the guest does not obey the payment due dates, such behavior is considered a severe breach of contract obligations, and the rental contract is considered terminated without a notice period. In case of contract termination, all the payments made to Agency Croatia or the owner shall not be returned.
4.1. A concluded rental contract can be terminated only in writing (by e-mail). The termination is effective only from the day when Agency Croatia received such a termination notice and only under the conditions of this article
4.2. In case of termination of the rental contract, all the received payments until the termination date shall be retained, and the guest is not entitled to their return. We recommend to contract a travel insurance which covers the travel cancellation risk.
4.3. In case the guest can find another guest as their substitute in the same period, for the same price, and under the same conditions, Agency Croatia shall transfer the rental contract to the new guest immediately after a written receipt of all necessary data about the new guest, and it shall send him a written confirmation about it. The already received accommodation price sums shall be retained by Agency Croatia or the owner after the transferred contract, and the new guest is obligated to pay the rest up to the total accommodation price depending on the previously selected payment method that is an integral part of the contract.
4.4. It is not possible to transfer the booking to another accommodation, as Agency Croatia forwards all the payments to the individual owners immediately, if not already paid directly to the owner.
4.5. In case the concluded rental contract cannot be fulfilled or its fulfillment becomes significantly difficult due to an act of God (e.g. war, natural disaster, environmental disaster, epidemics, the closing of borders, strike and similar acts of God) which could not be foreseen at the time of the rental contract conclusion, Agency Croatia and the owner may terminate the rental contract as neither Agency Croatia, nor the owner can be deemed liable in the above-mentioned cases.
Before receiving the booking confirmation guests have to inform Agency Croatia if they have a valid property damage insurance (proof necessary). In case the guests do not have such insurance they are obligated (if he has no property damage liability insurance policy) to leave a cash deposit on arrival to the owner. The deposit sum that the guest is obligated to deposit with the owner host at arrival shall be stated in the written confirmation. The deposit serves as security to the owner for caused damages in the accommodation. In case the cost of the caused damage is higher than the deposited sum, the guest is obligated to pay the total damage amount to the owner. If no damage is caused to the accommodation, the owner is obligated to return the deposited sum to the guest at the guest’s departure.
In case the guest has a property damage insurance he has to inform Agency Croatia. In case that the cost of the caused damage is higher than the sum covered by the property insurance policy, the guest is obligated to pay the difference to the owner. Most damage property insurance policies do not cover damages that were caused by an intentional destruction of property and in that case the guest is obligated to cover all the damage which he caused.
Agency Croatia recommends guests to contract a cancellation insurance. In case of cancellation of a reservation, the guest demands a refund in accordance with the conditions of the insurance company, directly from the insurance company. Agency Croatia shall give all necessary documentation on request of the insurance company for the needs of processing the claim for damages.
The guest is obligated to behave responsibly towards the rented accommodation. The guest is obligated to return the accommodation in the condition in which he found it. For any caused damage, the guest is liable directly to the owner. If the guest has no insurance, the owner is entitled to use the security deposit to cover the sum of the damage in accordance with these conditions. If the deposit sum does not cover the damage, the guest is obligated to pay the difference up to the total damage amount directly to the owner. Intentional property damage or disturbance of public order is considered a severe breach of provisions of the rental contract, in which case the owner and/or Agency Croatia are authorized to terminate the rental contract which comes into force immediately, without a notice period, and the guest is obligated to permanently leave the accommodation within two hours together with all the persons staying there, and he is not entitled to demand a return of the paid accommodation price from the owner or Agency Croatia. The guest is obligated to report to the owner immediately the occurrence of any kind of damage on the property during the rental period. At the guest’s departure and before the return of the keys, the guest is obligated to examine the accommodation with the owner. In case no damage is caused, the owner is obligated to return the deposit, if he received it, to the guest. In case that damage was caused and the guest has insurance, he is obligated to act in accordance with the insurance conditions. It can be considered that damage is also the need for additional cleaning, and the owner is entitled to use the security deposit to cover that damage or to demand an immediate payment if the guest has a property damage insurance, which does not cover such situations.
If the guest on arrival notices insufficient cleaning, damages or other irregularities in the accommodation, he shall file a complaint within 24 hours. The complaints regarding cleaning are filed immediately. The complaint is filed directly to the owner or his authorized representative. It is an obligation of the guest to try to avoid damage occurrence or its expansion and to contribute to the effort to minimize any loss for the owner. In case of filing any complaints, the guest is obligated to give an appropriate time frame to the owner to settle the complaint. The guest’s departure from the accommodation before the foreseen end of the rental contract and without previous notice and agreement with Agency Croatia or the owner shall be at risk and costs of the guest, and Agency Croatia has no liability. The owner is responsible for any deviations to the accommodation state from the one advertised on Agency Croatia’s website.
Agency Croatia is a tourist agency that provides agency services in renting accommodations on the basis of an agency contract of accommodation services concluded with the accommodation owners and is not their owner. The owner is obligated in the contract with Agency Croatia to give true and complete information about the accommodation, and therefore he takes full responsibility towards the guest. If in opposition to the expectations of Agency Croata the reservation of accommodation cannot be completed due to reasons that are out of control of Agency Croatia, such as due to sale on the basis of the court order or due to severe contract breach by the owner or similar, Agency Croatia is authorized to cancel the reservation, and the agreed amount which was already paid by the guest, shall be returned to him without delay. As an alternative, depending on guest preference, Agency Croatia can offer an alternative accommodation to the guest.
1.1. The basis for the conclusion of the contract is the description of the offer and the supplementary information of Agency Croatia. Bookings are accepted and confirmed electronically (e-mail).
1.2. The contract is concluded by explicit declaration and payment: By placing the tours (products) on the website, a binding offer is made to conclude a contract for these day tours. You can initially place an inquiry and the contract is concluded when you accept the offer for the tours received (invoice) and the payment is made via PayPal or bank transfer. Immediately after the payment has been received, you will receive a confirmation by e-mail.
1.3. If the content of the confirmation differs from the content of the tour description, there is a new offer from Agency Croatia. The contract is concluded on the basis of this offer, provided that the customer declares acceptance by payment.
1.4. Deviations of essential characteristics of travel services from the agreed content of the travel contract, which become necessary after the conclusion of the contract and were not brought about by Agency Croatia against good faith, are permitted to Agency Croatia before the start of the tour, as far as the deviations are insignificant and do not affect the overall design of the tour.
1.5. Agency Croatia is obliged to inform the customer about changes in services immediately after knowledge of the reason for change on a durable data carrier (e.g. also by email, SMS or voice message) in a clear and understandable manner.
1.6. In the case of a significant change of an essential feature of a travel service, which has become part of the travel contract, the customer is entitled to either accept the change or withdraw from the travel contract free of charge within a reasonable period set by Agency Croatia at the same time as the notification of the change. If the client does not expressly declare to Agency Croatia the withdrawal from the travel contract within the time limit set by Agency Croatia, the change is considered accepted.
1.7. The customer is liable for all contractual obligations of fellow travelers for whom he makes the booking, as for his own.
Agency Croatia may demand or accept payments on the tour price before the service as an effective customer money protection contract exists and the customer is handed over the protection certificate with the name and contact details of the customer money protection company in a clear, understandable and highlighted way. After the payment of the total price, the security certificate will be handed over.
The following payment methods are generally available: PayPal and Bank Transfer.
After you have accepted the tour offer you will receive an invoice with payment details. After you have received the invoice you have five working days to fulfill the payment.
If the travel price is not paid, there is no right to claim travel services.
3.1. Agency Croatia reserves the right to increase the tour price shown on the website in the event of an increase in transport costs, fees for certain services (e.g. fees from cooperation partners) in accordance with the following provisions.
3.2. An increase in the travel price is only permitted if there are at least four weeks between the conclusion of the contract and the travel date and the circumstances leading to the increase were not present at the time the contract was concluded.
3.3. In the event of a price change, Agency Croatia must inform the customer immediately after becoming aware of the reason for the change. An increase in the travel price is only permissible if the traveler is informed in text form in a clear and understandable manner about the price increase and the reasons for it and the calculation of the price increase is communicated. Price changes are only permitted up to four weeks before the tour date. In the case of price increases of more than 8%, the customer is entitled to withdraw from the trip without fees or to take part in another equivalent trip, provided that Agency Croatia is able to offer such a trip at no additional cost to the customer.
3.4. The guest can not request a reduction in the tour price at any point after the payment has been made.
4.1. The customer can withdraw from the trip at any time. The cancellation must be declared to Agency Croatia in writing (e-mail).
4.2. If the customer withdraws before the start of the trip or if he does not start the trip, Agency Croatia does not lose the right to the (partial) travel price. Agency Croatia can demand reasonable compensation, insofar as Agency Croatia is not responsible for the cancellation or unavoidable, extraordinary circumstances occur at the destination or in its immediate vicinity that make the excursion or the transport of significantly affect people;
4.3. Circumstances are unavoidable and extraordinary when they are beyond the control of Agency Croatia, and their consequences could not have been avoided even if all reasonable precautions had been taken. Agency Croatia has set the following compensation flat rates, taking into account the period between the declaration of cancellation and the start of the trip, as well as taking into account the expected savings in expenses and the expected acquisition through other uses of the travel services. Taking into account the time at which Agency Croatia received the customer’s declaration of withdrawal, the flat-rate compensation is calculated as follows with the following cancellation scale:
4.4. When canceling trips that include admission tickets, the full price of the admission ticket must be paid in addition to the usual cancellation fees, provided that it cannot be used for any other purpose.
4.5. If the customer does not use individual travel services for personal reasons or if he breaks off the trip prematurely for personal reasons, he is not entitled to a pro rata refund of the travel price.
Trips are generally carried out with a number of participants of two people or more.
6.1. If the trip is canceled by Agency Croatia, the customer can choose to either take part in another trip of at least the same value – if such a trip can be offered without additional charge – or request reimbursement of the amounts already paid.
6.2. Agency Croatia can terminate the travel contract without notice if the traveler causes lasting disruption despite a warning from Agency Croatia or if he behaves in breach of contract to such an extent that the immediate cancellation of the contract is justified.
6.3. If Agency Croatia cancels for conduct-related reasons, Agency Croatia retains the right to the travel price.
7.1. In principle, the customer has no right to the processing of changes after a confirmed booking. This applies in particular to rebooking requests to another trip, to a different boarding point, change of name or a different travel date. However, Agency Croatia endeavors to consider the customer’s rebooking requests. A processing fee of at least 15,00 EUR per person will be charged for this.
7.2. The customer is responsible for ensuring that the conditions for participation in the trip are met and for complying with them on his own responsibility. The customer is responsible for taking out travel cancellation insurance.
a) The instructions of the driver must be followed. Seat belts are compulsory. Agency Croatia is not liable for damage caused as a result of not wearing the seat belt.
b) All vehicles are non-smoking cars. Smoking in the passenger compartment is prohibited. If the car is extremely dirty, we charge a fee for the special cleaning of at least EUR 50,00 per case.
c) The customer is obligated to adhere to factual instructions from Agency Croatia, the tour guide and driver. This applies in particular to agreed meeting points and places of departure, etc. The customer alone is responsible for any additional costs incurred as a result.
Loss of luggage or damage to luggage must be reported to Agency Croatia, the driver and/or tour guide immediately. Baggage that poses a risk is excluded from carriage. There is no entitlement to the carriage of bulky items of luggage.
a) Travel deficiencies must be reported immediately in order to remedy the situation as quickly as possible.
b) Insofar as Agency Croatia was unable to remedy the situation as a result of a culpable omission to report the defect, the traveler can neither claim a reduction in price according to § 651m BGB nor claims for damages according to § 651n BGB.
In case the concluded tour contract cannot be fulfilled or its fulfillment becomes significantly difficult due to an act of God (e.g. war, natural disaster, environmental disaster, epidemics, the closing of borders, strike and similar acts of God) which could not be foreseen at the time of the contract conclusion, Agency Croatia may terminate the contract as the agency can not be deemed liable in the above-mentioned cases.
10.1. The contractual liability of Agency Croatia for damages that do not result from injury to life, limb or health and are not culpably caused is limited to three times the travel price.
10.2. If international agreements or legal provisions based on them apply to a travel service to be provided by a service provider, according to which a claim for damages can only be asserted under certain conditions or restrictions, Agency Croatia can refer to these agreements towards the traveler or invoke the legal provisions based thereon.
10.3. In the case of services that are reported as mediated, Agency Croatia is liable as the mediator for the mediation, but not for the freedom from defects of the mediated services and for property or physical damage arising in connection with mediated services. The address of the mediated contractual partner as external services must be clearly marked so that the traveler can see that they are not part of the service provided by Agency Croatia and have been selected separately. Sections 651b, 651c, 651w and 651y BGB remain unaffected by this. However, Agency Croatia is liable if and to the extent that damage to the traveler is caused by the violation of information, clarification or organizational obligations by Agency Croatia.
11.1. The claims according to § 651i paragraph 3 No. 2, 4 to 7 BGB are to be asserted against the organizer or the travel agent who made the booking.
11.2. The claims of the traveler – with the exception of physical damage – according to § 651i paragraph 3 BGB (remedy, termination, reduction, compensation) expire in two years.
With the conclusion of the travel contract, the traveler consents to the use of pictures taken during the trip for public relations purposes. This usually includes publications in print media, press releases, social media channels and on the Internet (website). The images will not be passed on. If the customer does not want this, he can object to this in writing.
1. Agency Croatia transmits all the accommodation information on the website and aims at providing as accurate and up-to-date information as possible, which it collects from the owners. The owner is exclusively liable for giving accurate and complete information about the accommodation, and Agency Croatia cannot be considered liable in case of inaccurate, incomplete or false information.
2. In case of breach of provisions of this rental contract Agency Croatia is obligated to terminate the rental contract which comes into force immediately, without a notice period, and the guest is obligated to leave the accommodation permanently within two hours together with all the persons staying there, and he is not entitled to demand a return of the paid accommodation price from the owner or Agency Croatia. In case of breach of provisions of the contract regarding the tours, Agency Croatia can terminate the tour at any time. The guest is not entitled to demand a return of the paid price.
3. These general business conditions are written originally in German language and are translated into English. In case of doubt regarding the interpretation of particular terms in the translated version of these general conditions the original version in German language shall be binding. The languages available for the conclusion of the contract: German and English.
Only the German language is legally relevant.
4. Alternative dispute resolution; Choice of Law and Venue
Consumers can contact the following consumer arbitration board to resolve disputes:
Strassburger Str. 8
77694 Kehl am Rhein
In the event of an online contract conclusion, consumers can contact the online dispute resolution platform http://ec.europa.eu/consumers/odr/
Agency Croatia is willing to participate in an out-of-court arbitration procedure before a consumer arbitration board.
For customers/guests who are not members of a member state of the European Union or Swiss citizens, the exclusive validity of German law is agreed for the entire legal and contractual relationship between the customer/guest and Agency Croatia. Such customers/guest may only sue Agency Croatia at their registered office.
For lawsuits by Agency Croatia against customers who have their domicile or habitual abode abroad, or whose domicile or habitual abode is not known at the time the lawsuit is filed, the place of jurisdiction is the registered office of Agency Croatia.