Access to and use of any information on this website is conditional upon your acceptance of these website use conditions without modification. Please read them carefully. If you do not wish to accept any part of them, you must not use our website.
1.1) “Additional Fees” means any fees payable by the Holidaymaker other than the Rental Charge Deposit and Booking Fee, including (but not limited to) card handling fees, insurance costs, heating supplements, pet charges and air condition charges.
1.2) “Affiliate Agent” means IstraWiz Ltd (Company Number 07831105) whose registered office is at 6 Dyers Buildings, London EC1N 2JT, who in the course if it’s business provides advice and information and acts as an intermediary in the process of realizing agreements in the field of travel.
1.2.1) “Travel Suppliers” The Croatian tourist agency, the hotel, car hire company, insurance provider and/or any other service provider in the field of travel, such in the broadest sense of the word, with whom the Customer/Holidaymaker enters into an agreement and who, with due observance of the applicable terms and conditions, is responsible for carrying out the service.
1.3) “Booking” means the reservation of the Property or other services by the Holidaymaker.
1.4) “Booking Conditions” means these terms and conditions.
1.5) “Booking Fee” means the booking fee payable by the Holidaymaker to the Affiliate Agent, being €8 per booking.
1.6) “Contract” The booking or contract/order between the holidaymaker and the Travel Supplier. The Affiliate Agent and Website acts as an interface in the transactions involved with the Travel Supplier.
1.7) “Deposit” means: % of the Rental Charge (deposit amount vary for each property from 15 to 45%)
1.8) “Holidaymaker” means the person or persons making the Booking.
1.9) “Holiday Confirmation” means the confirmation of the Booking issued by the Travel Supplier to the Holidaymaker (by email and/or post) once the Initial Payment has been processed.
1.10) “Initial Payment” means the payment of the Booking Fee, the Deposit and any applicable Additional Fees.
1.11) “Services” means a services offered by the website such as a booking of transport services, accommodation services, car-hire services, wedding planning other services offered on the website.
1.12) “Property” means the accommodation for which a Booking is made.
1.13) “Property Owner” means the owner of the Property.
1.14) “Rental Charge” means the total rental charge payable in respect of the Booking.
1.15) “Reservation Request” means a request to make a Booking in the form of a completed holiday booking form (whether submitted via the post, email, website or otherwise) or a telephone booking.
2. Booking via the Website: The Customer’s legal authority
3. Role of ISTRAWIZ LTD
3.1) IstraWiz Ltd works as an Affiliate Agent with Croatian Travel Supplier/Agents (who act on behalf of the Property Owners) to take and arrange bookings. The Travel Supplier /Agents do not own or manage the Property but reserve the right to refuse any Booking.
3.2) Once the Initial Payment has been made and a Holiday Confirmation has been issued by the Affiliate Agent, a legally binding contract shall exist between the Holidaymaker and the Property Owner pursuant to which the Property Owner will make the Property available for the period set out in the Booking. For the avoidance of doubt, the Affiliate Agent shall not be a party to the contract.
3.3) The contract shall be subject to these Booking Conditions and any other special conditions made known to the Holidaymaker at the time of the Booking.
3.4) The Affiliate Agent accepts no liability for any defects or unavailability of the Property or any other problems with the holiday. The Holidaymaker’s right of action (if any) shall be against the Property Owner and not the Affiliate Agent.
3.5) IstraWiz Ltd refers customers to Croatian companies that offer real estate, dental, wedding and other services and is not party to contracts that are then agreed.
4. BOOKINGS AND PAYMENT
4.1) Following receipt of a Reservation Request the Travel Supplier/Agent shall check the availability of the Property. If the Property is available for the Holiday, the Travel Supplier/Agent shall reserve the Property.
4.2) Upon reservation of the Property in accordance with clause 3.1, the Holidaymaker must make the Initial Payment to the Affiliate Agent, unless advised otherwise. If payment is not received, the reservation will be cancelled.
4.3) Upon receipt of the Initial Payment, the Affiliate Agent will issue a Holiday Confirmation to complete the Booking.
4.4) The balance of the Rental Charge must be paid by the Holidaymaker to the Travel Supplier/ Agent prior to departure from property rented.
4.5) The prices stated on the Affiliate Agent’s website and in the Affiliate Agent’s brochure are cash prices in Euros. The Affiliate Agent incurs charges from Paypal when the Holidaymaker pays and therefore an administration fee of €8 charge will be made for each booking. Any charges raised against the Affiliate Agent by its bank for handling dishonoured cheques, bank transfers or any other payments, must be reimbursed by the Holidaymaker to the Affiliate Agent within seven (7) days of the Agent’s request to do so.
4.6) All payments to the UK Affiliate Agent must be made in pounds sterling. The (Euro) balance of the rental charge must be paid in local currency which is called Croatian Kuna. exchange rate supplied by the Croatian National Bank(HNB)
4.7) The Affiliate Agent reserves the right to correct any error in advertised and/or confirmed prices.
4.8) Please note some Property Owners may charge a security deposit (as mentioned in the individual Property details). The Owner shall liaise directly with the Holidaymaker to collect and (if appropriate) return this deposit. The Travel supplier/Agents have no control over any security deposits that may be collected.
4.9) Rental Charges in respect of Properties outside the UK are based on exchange rates at the date on which they are set. If changes in exchange rates result in an effective increase in excess of 5% of the Rental Charge the Affiliate Agent reserves the right to charge a surcharge, for which an invoice shall be issued to the Holidaymaker. The surcharge must be paid with the balance of the Rental Charge or within fourteen (14) days of the date of the surcharge invoice, whichever is the later.
4.10) A surcharge will not be levied within fourteen (14) days of the commencement of the holiday.
5. BOOKING DETAILS
Immediately upon receipt of the Holiday Confirmation from the Affiliate Agent, the Holidaymaker should check the details and notify the Affiliate Agent of any mistakes/errors made by the Affiliate Agent as soon as possible and in any event within seven (7) days; no changes can be made to the Booking after this time. The Affiliate Agent reserves the right to charge a holiday booking amendment fee to administer/correct any error by the Holidaymaker.
6. CANCELLATION BY THE HOLIDAYMAKER
6.1) The Holidaymaker should notify the Affiliate Agent immediately in writing if he/she wishes to cancel the Booking. The cancellation only takes effect when the Affiliate Agent has received written confirmation from the Holidaymaker.(by post or email) If the Booking is cancelled after the balance of the Rental Charge becomes payable, such balance shall remain payable notwithstanding cancellation.
6.2) Cancelled bookings will be subject to penalties as shown below:
- up to 30 days before arrival date; a full refunds will be given to the holidaymaker, excluding any booking and admin fee.
- If the booking is cancelled between 29-0 days, no refunds will be given to the Holidaymaker. The booking fee isn’t refundable. The Holidaymaker should consider whether insurance cover is desirable.
7. OTHER CANCELLATIONS
7.1) In the event of the Travel Supplier/Agent being unable to arrange the holiday accommodation requested by the Holidaymaker, or if the Property becomes unavailable for whatever reason, the Travel Supplier/Agent will endeavour to arrange alternative accommodation for the Holidaymaker of an equivalent type and standard in a similar location.
7.2) If the Holidaymaker has paid any money in respect of a Property and that Property subsequently becomes unavailable, the Travel Supplier/Agent shall use its reasonable endeavours to obtain a refund from the Property Owner to the Holidaymaker of all monies paid by the Holidaymaker.
7.3) The Travel Supplier/Agent is not liable for any costs associated with alternative accommodation, which must be paid by the Holidaymaker.
7.4) Save as set out above, the TravelSupplier/Agent shall have no liability for the cancellation or alteration of a Booking.
8. ONLINE BROCHURE ACCURACY
8.1) To the best of the Affiliate Agent’s knowledge the details relating to any Property described in the Affiliate Agent’s brochure were correct at the time of online posting.
8.2) Upon becoming aware of any material inaccuracies in any published description of the Property or material changes to the Property, the Affiliate Agent shall endeavour to correct them in future publications and inform the Holidaymaker. The Affiliate Agent may, in its sole and absolute discretion, offer the Holidaymaker the option to treat the change as a Cancellation Event and clause 6 shall apply accordingly.
8.3) The Affiliate Agent cannot accept responsibility for any changes or closures to area amenities or attractions mentioned in the brochure.
A holiday insurance cover is not included in the agent’s booking fees. To minimise the financial risks associated with going on holiday it is strongly recommended that the Holidaymaker arranges travel insurance that matches their needs when booking the holiday
10. RESPONSIBILITIES OF THE HOLIDAYMAKER
10.1) During the period of the holiday, the Holidaymaker (personally and on behalf of all other people visiting the Property) undertakes (for the benefit of the Property Owner and the Affiliate Agent) as follows:
10.1.1) that the number of people occupying the Property will not exceed the number stated on the Holiday Confirmation;
10.1.2) that the Property will be used solely for the purpose of a holiday by the Holidaymaker and his party;
10.1.3) to show due consideration for other parties (to include, but not be limited to, refraining from abuses of the Property and/or dangerous, offensive or rude behaviour to the Property Owner, his representative or any third parties such as neighbours);
10.1.4) to allow the Property Owner or his representative access to the Property at any reasonable time during the period of the holiday;
10.1.5) to keep the Property and all furniture, utensils, equipment, fixtures and fittings in or on the Property in the same state of repair and condition as at the commencement of the holiday and to ensure that at the end of the holiday the Property is left in the same state of order and cleanliness in which it was found. The Property Owner reserves the right to levy an additional charge for any extra cleaning required after the Holidaymaker’s occupancy and for any consequential loss;
10.1.6) to report as soon as possible to the Property Owner (or his representative) any breakages or damage caused by the Holidaymaker during the holiday and to reimburse the Property Owner with the cost of replacement. The Property Owner reserves the right to make a claim against the Holidaymaker for repair or loss as a result of damage caused;
10.1.7) to arrive after 2 p.m. on the arrival day and to vacate the Property by 10 a.m. on the day of departure unless prior arrangement has been agreed with the Property Owner and/or the Holiday Confirmation states otherwise;
10.1.8) not (without the express permission of the Property Owner) allow any person other than guests booked and staying in the Property for their holiday to use the facilities and amenities of the Property; and
10.1.9) to notify all other members of the Holidaymaker’s party of these undertakings.
10.2) In the event of a breach of any of the undertakings set out in clause 9.1 the Property Owner (or his representative) can refuse to allow the Holidaymaker to take possession of the Property or make the Holidaymaker leave the Property before the end of the Holiday. In either case the Holidaymaker shall be deemed to have cancelled the Booking and the Holidaymaker shall have no claim for compensation or reimbursement whatsoever.
11.1) Pets are only allowed at Properties that are advertised as allowing a pet/pets. If a Holidaymaker takes a pet to a Property that does not allow them, or exceeds the stated number/size of pet, the Property Owner (or his representative) can refuse to allow the Holidaymaker to take possession of the Property or make the Holidaymaker leave the Property before the end of the holiday. If this happens the Holidaymaker shall be deemed to have cancelled the Booking and the Holidaymaker shall have no claim for compensation or reimbursement whatsoever.
11.2) The Holidaymaker is liable for all damage caused by his/her pets. The Holidaymaker should remove all traces (inside and out) from the Property of pet occupation before final departure. The Property Owner reserves the right to levy an additional charge for any extra cleaning required after the Holidaymaker’s occupancy. The Holidaymaker must not allow pets on beds or furniture within the Property and pets must not be left alone in the Property at any time. If the Holidaymaker breaches this clause the Property Owner (or his representative) may notify the Holidaymaker of the breach and if the Holidaymaker continues to breach this clause the Property Owner (or his representative) may make the Holidaymaker leave the Property before the end of the Holiday. If this happens the Holidaymaker shall be deemed to have cancelled the Booking and the Holidaymaker shall have no claim for compensation or reimbursement whatsoever.
12.1) The Holidaymaker’s (and all other members of the Holidaymaker’s party’s) personal belongings and vehicles (together with their contents) are left at the Property entirely at their own risk.
12.2) The Affiliate Agent shall accept no liability to the Holidaymaker for any loss, damage or injury howsoever caused to the Holidaymaker or to the Holidaymaker’s personal property (or to persons in the Holidaymaker’s party or their personal property) during their stay at the Property except to the extent such loss, damage or injury is caused by the negligence or wilful default of the Affiliate Agent.
12.3) No representative, agent or sales person (whether employed by the Affiliate Agent or not):
12.3.1) has authority to vary, amend or waive any of these Booking Conditions and no amendment or addition to any of these Booking Conditions shall be deemed to have been accepted unless accepted in writing by a senior manager of the Affiliate Agent; and/or
12.3.2) has authority to make any verbal representations or provide additional information over and above information contained in the Affiliate Agent’s brochures and website. The Affiliate Agent cannot accept responsibility and give no warranty in respect of information or representations not contained in these Booking Conditions, the Affiliate Agent’s brochures and/or the Affiliate agent’s website.
13.1) In the unlikely event the Holidaymaker may have cause for dissatisfaction, the Holidaymaker should contact the Property Owner (or his representative ) as soon as possible. The Travel Supplier/Agent encourages all Property Owners to take complaints from Holidaymakers seriously and to resolve them if at all possible.
13.2) If the Holidaymaker is unhappy with the Property Owner’s response, the Holidaymaker should contact the Travel Supplier in Croatia as soon as possible (and in any event within 28 days of the end of the holiday) and provide details of the complaint and the Property Owner’s response.
13.3) Without prejudice to clause 2.2, upon receipt of details of a complaint from a Holidaymaker, the Travel Supplier/Agent may (in its absolute discretion) liaise with the Holidaymaker and the Property Owner and attempt to resolve the outstanding complaint.
13.4) This clause 13 is without prejudice to any cause of action the Holidaymaker may have against the Property Owner.
14. FORCE MAJEURE
No liability can be accepted and no compensation will be paid by the Affiliate Agent or the Property Owner, where the Holidaymaker or his personal property (and/or any person in the Holidaymaker’s party and/or their personal property) suffer any loss, damage, injury, disappointment, inconvenience or otherwise, or where the performance or prompt performance of any obligations by the Affiliate Agent or the Property Owner are prevented or affected, by any event which the Affiliate Agent or the Property Owner could not have reasonably foreseen or avoided including war, threat of war, riot, civil strife, industrial action, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions closure of international borders, disease, none availability of transport services, interruption to services/utilities and all similar events outside the control of the Affiliate Agent or the Property Owner.
15. LAW AND JURISDICTION
All contractual obligations arising out of these conditions shall be subject to English Law and the exclusive jurisdiction of the English Courts.