GENERAL TERMS AND CONDITIONS
General Terms and Conditions are component part of an agreement ‘’between’’ TOURIST AGENCY MAGIC ISLAND, Ulica 41 br.8, 20270 Vela Luka, Croatia, ID code: HR-AB-20-97753432 (hereinafter; Agency) and the TRAVELLER CONTRACTOR (hereinafter; Traveller). Information and terms in the program are legally binding both the Agency and Traveller.
An integral part of General terms, Conditions and House rules are posted on the web page of Agency Magic Island.
Agency insures the accommodation service to the guest is according to information available on www.magic-island.eu, and also in accordance with the period and details of the confirmed reservation, and full compliance with General Terms, except in the case exceptional circumstances where the magic-island.eu is not responsible for events caused by conditions beyond control and also the agency is not liable for forced major conditions that cannot be anticipated or eliminated (natural disasters: earthquakes, floods, fires, droughts, wars, strikes, acts of terrorism and restrictions issued by the government: mobilization, ban to exit the country of illness or death of the host or his closest family and etc.).
The price of accommodation includes the basic service that is published with all accommodation units. According to House rules, linen, towels, basic hygienic etc. are available at the accommodation unit. Additional services are not included in the price of the accommodation; therefore the guest pays for them separately. Special services must be requested at the time of booking. The price of accommodation rates are published in EMC. The agency reserves the right to make changes to the stated prices in cases when the host changes prices of the accommodation, or there are changes in the exchange rates. If the changes occur prior to the payment of the advance deposit, the agency informs the guest about the price change. For customers who have paid an advance deposit for their reservation, the agency guarantees the price of accommodation, stated in the price quotation according to which the advance deposit was paid.
If more Travellers than are stated on the voucher arrive at the accommodation unit, the service provider has the right to deny the extra Travellers right on entrance to the accommodation or to accommodate the extra Travellers where the capacity allows it at extra charge directly made to the service provider will be made.
Inquiring about accommodation and other services can be done electronically, by email, phone or in person at the Agency in Vela Luka, also in the offices of our partner agencies. When making a reservation, the Traveller confirms that he is familiar with the General Terms and Conditions, and accepts them in full. Therefore, all described in the agreement becomes a formal relationship between the Traveller and Agency. When reservation is made, the Traveller is obliged to provide information necessary for the reservation procedure. The Agency guarantees the safety and protection of personal data under EU law on the protection of personal data. When reservation is made, the Traveller agrees to pay the pro forma invoice, which is payable after the agency confirmed the possibility of number of persons within the required period, and issued the calculation of the amount and ordered the payment of advances, and that the Traveller has made the payment within 48 hours from then. After that the Agency informs the Traveller of the confirmation! For all accommodation that is titled „Villa“ an advance payment is 30% is to confirm the reservation, and the rest of-the difference in price, to be paid 30 days before arrival.
For all other accommodation units, an advance payment can be in the amount of 30%, and the remainder to be paid at least 10 days before the duration of service, or if the advance payment of 60%, the rest is paid upon arrival at destination.
Sojourn Tax by law in Republic of Croatia. Travellers pay the Sojourn Tax when paying for their accommodation. The amount of Sojourn Tax is stated on your quotation price. The Sojourn Tax is defined by the law and it varies from 2.00 to 7.00 HRK (or between 0.3 and 1 Euro) per person per day for adults.
Teenagers from the age of 12 to 18 have a 50% discount, while children under the age of 12 are exempt from paying. The final amount of the Sojourn Tax is determined by the destination in the Republic of Croatia and the travel periods. The Sojourn tax is in most cases is included in the accommodations price.
Accommodation units offered by the Agency are described in accordance with the official categorization of the state authorized institution, and based on the actual determined situation on the ground which is performed by the Agency. The standard for determining accommodation, food, services, etc., vary from place to place, country to country, and are difficult to compare. The information obtained from the standpoint of sales, is not bound by the Agency in any way more than any information available on the website www.magic -island.eu, the catalogues, or any other printed material.
The Agency reserves the right to change the reservation if exceptional circumstances that cannot be predicted, avoided or removed (see point 2). Reserved accommodation can be substituted only by notification of Traveller and placement of the same or higher category and at the price at which he confirmed during reservation. If the replacement accommodation is only possible in a higher category and at a price higher than the initially booked for 15% or more, the agency reserves the right to charge the difference in Price upon consulting the Traveller.
If the customer does not accept the alternative-alternative accommodation that is offered to him by the agency then the traveller has the right to a full refund of money paid.
The same conditions apply if circumstances occurred upon arrival or during Travellers stay. Guests are offered compensation and alternative housing. The Agency shall act in accordance with good business practices, and provides customer with information on additional services that are not in the standard range of Agency to facilitate an altered state.
Should the Traveller wish to cancel or change a reservation according to its request, it should do so in writing (e-mail or fax). Under change means; change the number or the date and / or Travellers, changes in the reservations, aged person, the type of basic or extra services, and payment schedule, with which the service provider must agree , and occurs at least 45 days before arrival. The first reservation change, if possible without any extra cost. With each next change in the reservation a fee charge of 15 euro will be made. If a reservation change is not possible and if the Traveller gives up the confirmed reservation, the terms listed below of cancellation. In case of cancellation, the date of receipt of the written cancellation is used for the calculation of costs. In case of cancellation of the reserved accommodation, the agency shall apply the following rules for reimbursement of the reservation:
- In case of cancellation up to 45-30 days before arrival will be charged 30% of the price.
- In case of cancellation up to 29-15 days before arrival will be charged 50% of the price.
- In case of cancellation 14-7 days before arrival will be charged 80% of the total price.
- In case of cancellation 6-0 days prior to arrival will be charged 100% of the price of accommodation.
For every cancelled reservation the Agency charges a fee of 45 Euro for handling expenses.
Refunds for early departure are not done in any case.
If the Traveller who cancelled the reservation finds a new user/Traveller for the same reservation, or if the agency finds replacement Travellers, only in this case will a fee be charged for the actual costs caused by the replacement. The new reservation holder/Traveller will accept all the obligations stated in General Terms and Conditions.
In the event the Traveller does not arrive at the accommodation by midnight on the beginning of the reserved service, without contacting the Agency or service provider the reservation will be cancelled and the corresponding cancellation fee will be charged according to the above mentioned terms.
If the actual costs exceed the above stated costs the Agency reserves the right to charge the actual cost.
The Agency is not obligated or responsible for reimbursing the Traveller for the cost of his/her travel documents or visas relating to the reservation cancelled by the Traveller.
In order to avoid such cases, we advise guests to have the option to take an insurance policy in case of trip cancellation.
Agency is obliged to ensure that the sales care services of good organizer, and take care of the interests and rights according to accepted customs in tourism. Agency is obligated to provide the complete agreed service and responsible to the Traveller for any non-service or part of the service. Agency is not responsible if the non-contracted services caused by UN-for seen force (in point 2), this delay means of transport, for which the carrier is not responsible according to the applicable laws and international conventions. In this case the guest himself responsible for any additional costs.
Agency’s obligation is providing a service as well as in selecting provider while taking into consideration the rights and interests of Travellers in accordance with traditions of the tourism industry. The Agency will fulfil all the above mentioned obligations as described, expect in circumstances beyond its control (point 2) in which the Agency will proceed as stated in (point 13).
The Traveller is required to have all valid documents, and to take care of their documents and personnel belongs. They must adhere to the house rules and cooperate with the Agency’s agent and executors contracted services in good faith. Traveller must be familiar with the house rules published on the website Magic Island, and they must comply with them, as he uses accommodation and other services at their own risk.
Non-compliance of these obligations the traveller faces the service provider of the Agency
For accommodation units with a pool, the pool is used at your own risk, and Travellers should take full responsibility for their minor children.
By accepting these General conditions, the Traveller agrees to fully settle any damages made in the accommodation/ services etc. Therefore, some services providers ask for a security deposit in case of damage. The guest will be informed of when making the reservation.
Luggage, cars, documents and other valuables are exclusively Travellers risk and responsibility; therefore we recommend the same insurance or rental of safe deposit boxes for keeping certain things. Agency Magic Island is not responsible for theft or other types of damage in these matters. Loss or stolen property should immediately be reported to the Agency, service provider and police.
Traveller provides personal information of his/her on free will. Personal information is required for processing requested services. The same information shall be used for inter- communication. The Agency is under obligation that the personal information of the Traveller will not be taken out of the country or given to a third party expect for the purpose of carrying out requested services. The personal information will be kept and Agency ensures to safe guard the data of the Traveller in compliance with the European personal Data Protection Act. Agency can only use personal information with the consent of Traveller.
If the services contract partially or unsatisfactorily executed, a Traveller may receive proportional compensation by submitting a written complaint. The Traveller is obliged to file his complaint first with the Agency agent. Every Traveller contract holder on the sale of services has the right to object on the basis of incomplete executed contracted services. Agency will not receive group complaints of the Traveller contract holders, group complaints submitted will be processes as one complaint.
Immediately upon arrival, on-site Traveller can complain about inadequate service at the Agency via e-mail, on the phone number +38520812401 or cell phones numbers +385992170900 or +385998768846 or with his representative, or to the service provider. The Traveller is required to cooperate with Agency, its representatives or service providers in good faith in order to rectify the problem. If the customer does not accept the proposed solution which corresponds with the service, Agency will not accept subsequent Travellers complaint and to respond to it. The agency does not accept complaints that are not part of the accommodation (construction work on the roads, buildings in the immediate vicinity, a state beach, etc.), or may try to influence their reaction to such problems and try to eliminate.
-If the cause of the complaint cannot be resolved, the Traveller files with Agency, its representatives or executors of service as written confirmation: a complaint in two copies (one for Traveller and one for the Agency) and with accompanying documentation and images, submitted. Agency will then process it.
- Agency will receive the procedure only documented complaints within a period of 7 days after arrival of the Traveller.
- Agency is obliged to issue a written decision on the complaint within 14 days after was received receipt. Agency could postpone the deadline for a solution to collect the evidence and checking the complaint with the provision of services. Agency will solve only those complaints that could not be solved in the provision of services.
Until Agency does not bring a solution, the Traveller refrains from mediation by any other person, court institution or giving information to any media.
The highest compensation claim can exceed the cost of services, but cannot cover already used services or the total amount of the service, and excludes the guest's right to compensation.
The Agency is not responsible for weather conditions, temperature and purity of the sea, a state beach, construction work on the road, or for similar situations and events not directly related to the quality of the reserved accommodation.
In terms of item 12 of the customer service befits real complaint with Agency. If the customer is not satisfied with the solution made by Agency, he/she befits a true court of arbitration. Such cases, the jurisdiction court in Korcula. The general terms and condition are governed by Croatian law. Any dispute relating to its interpretation will be brought before the competent courts within the
Jurisdiction of Korcula
After payment of the advance or the whole account, the customers agrees to have read, understood and agree to these General Terms and Conditions fully and House Rules. For all other relationships that are not listed here, apply the Special Practices in the hospitality industry.
"FLEXIBLE TERMS OF CANCELLATION COVID-19" - Special conditions for cancellation of accommodation
Due to the pandemic caused by the SARS-CoV-2 virus or COVID-19 disease, we are all witnessing many business challenges, especially in terms of contracting and canceling accommodation.
In order to facilitate your decision on contracting accommodation in the future, i.e., to plan your vacation with us as carefree as possible, we have introduced the program "Flexible cancellation conditions COVID-19" which contains special cancellation conditions.
With the experience, we had in 2020. we only present to you the General terms and conditions applicable to the “Flexible Cancellation Conditions of COVID-19” in this way, making them an integral part of our General Terms and Conditions now. The program continues with the year 2020 and includes reservations made in 2021.
In the event that you contract accommodation for any period during 2021, we will allow you to cancel and transfer the term of use of accommodation to any other available term in the accommodation in question until 31 December 2022, in the following situations:
- Closing the borders - the Republic of Croatia or the country of your residence or stay; and
- Prescribed quarantine/self-isolation or mandatory testing obligations upon return to the country of your residence.
The right to cancel or transfer the term of use of the Accommodation will not be recognized in other situations, including, but not limited to situations such as:
- Flight cancellation or any other mode of transport;
- Self-isolation / disease / exposure to SARS-CoV-2 virus;
- Recommendations of the country of your residence or stay on not going on a trip, i.e., without an explicit ban;
- Disapproval of annual leave by the employer; and
- Travel bans by the employer.
In case of cancellation of the agreed accommodation in accordance with the above conditions, agency MI will issue you a cancellation voucher which you can use to book or contract another term of accommodation in the value of the advance payment. The cancellation certificate can be used until 31 December 2022, i.e., new accommodation can be contracted until 31 December 2022. Please note that the cancellation certificate can only be used for the accommodation unit in which the accommodation was canceled
The cancellation certificate is not exchangeable for money.
If the total amount of the new term of the accommodation is less than the value of the cancellation certificate, the difference in the amount is not refundable.
If the total amount of the new term of the accommodation is higher than the value of the cancellation certificate, the difference in the amount must be paid extra.
The cancellation certificate or the new date of use of the accommodation can be used only once. Any subsequent change of the term of the accommodation is subject to the existing cancellation conditions, which are in force in "normal" circumstances and which are determined by these Terms.
If any provision of these Terms is inconsistent with the Special Conditions for Cancellation of Accommodation during a COVID-19 Pandemic, the provisions of this Chapter shall prevail.
Below there are more useful information and links needed for your trip:
- The latest information about the coronavirus pandemic in the Republic of Croatia and the measures currently in place can be found at the following link: https://www.koronavirus.hr/.
- In order to learn more about the entry requirements in the Republic of Croatia and the current limits, you can visit the official website of the Ministry of the Interior: https://mup.gov.hr/uzg-covid/286210.
- All passengers who plan on crossing the Croatian border are advised to complete the arrival form that can be found at https://entercroatia.mup.hr/ before embarking on a trip. Timely completion of the form decreases the waiting time at the border crossing.
- For the return to your country of residence, please contact the competent authorities in order to learn more about the return to your country of residence. You can visit the official website of the European Union which provides an overview of the health situation and travel restrictions in European countries: https://reopen.europa.eu/en.
We would also like to mention that the Magic Island Agency, as well as the accommodation facilities we represent and our partners, in the national program Stay safe in Croatia: https://www.safestayincroatia.hr/