General terms and Conditions
These General Terms and Conditions (hereinafter only as “GT&Cs”) apply to the provision of services by the operator of the Hotel Trakoščan, Trakošćan bb, 42253 Trakošćan, Croatia (hereinafter only as the “Hotel”),ADRIATIC TOURIST RESORTS d.o.o.,Jurišićeva 2A, 10000 Zagreb, company No. (OIB): 00594096464, registered in the Business Register 080734351, Trgovački sud u Zagrebu, (hereinafter only as the “Operator”), and to the payment and cancellation conditions regarding the bookings made by a client, as well as to all other rights and obligations arising under a legal relationship established by the booking of hotel services.
The client is entitled to use the hotel services only after he/she has accepted these GT&Cs. It is recommended that the client familiarises himself/herself with these GT&Cs prior to making a booking. When using the hotel services repeatedly, the client is always required to read an up-to-date version of the GT&Cs. The Operator reserves the right to unilaterally amend these GT&Cs; the amended GT&Cs are effective as of the date of their publication on the Operator’s website. By confirming his/her booking, the client expresses his/her unconditional consent to these GT&Cs and their annexes.
By expressing his/her consent to these GT&Cs, the client represents to have attained at least 18 years of age and to have the full legal capacity to assume rights and obligations.
A booking can be made in one’s own name or for a third person.
When making a booking, the client can search available free hotel capacities by entering his/her requirements in a booking form (date of arrival, date of departure, type of room, etc.).
After filling in all information regarding the start and end dates, type of room, additional services, etc., when making a booking the client shall provide all requested information.
Following the completion of all requested information, making a payment pursuant to these GT&Cs, and verification of the information entered, a booking confirmation, including a reservation number, will immediately be sent to an email address provided by the client. The assigned reservation number serves as a booking confirmation, as contact data for making any changes or for cancelling the booking, and as a confirmation to be presented upon check-in in the Hotel. Therefore, the client is required to safely store the reservation number.
A gift voucher may be claimed and a stay based on that voucher may be booked via the hotel reception desk only (contact information included in Article 4 of the GT&Cs).
By confirming the booking, the client agrees to make a payment for the booked stay to the Operator of the Hotel and authorises the Operator to accept that payment. The client shall pay for the reservation an advance payment, specified on an advance payment invoice issued by the Operator, following the receipt of that invoice, and the balance at the reception desk upon check-out.
The advance payment for the booked and confirmed services shall be made within 7 days of receipt of the advance payment invoice, otherwise the reservation is deemed cancelled. Following a successful receipt of the advance payment, an invoice on the receipt of the advance payment will be issued to the client.
If the client shortens the booked stay in the Hotel, the Hotel is entitled to charge the full agreed price for the entire duration of the booked stay.
Changes in reservations and cancellation conditions
The client may change its reservation in writing, by phone or an email sent to the hotel reception desk using the following contact information:
phone number: +385 42 440 800
mailing address: ADRIATIC TOURIST RESORTS d.o.o., Hotel Trakočšan, Jurišićeva 2A, 10000 Zagreb, 080734351, Trgovački sud u Zagrebu
When requesting a change in the reservation, the client shall always quote the reservation number assigned and sent to the client upon booking. If the client’s request for a change in the reservation cannot be satisfied due to capacity or other operating reasons, the Operator will take all reasonable steps to satisfy the client’s demands, however, the Operator is under no obligation to satisfy the client’s request for the change in the reservation and the client has no right to claim damages or any other performance from the Operator due to the inability to change the reservation.
If the client terminates the agreement and cancels his/her reservation, the Operator has a right to charge cancellation fees as follows:
No cancellation fee
If the booking is cancelled more than 22 days (including) before the start date
30% of the price of booked services
If the booking is cancelled 15 to 21 days (including) before the start date
50% of the price of booked services
If the booking is cancelled 8 to 14 days (including) before the start date
100% of the price of booked services
If the booking is cancelled 1 to 7 days (including) before the start date
If the client fails to check in for the booked stay, the Operator becomes entitled to a cancellation fee equal to 100% of the price of booked and confirmed services.
If, in the case of a discounted stay (Article 6 of the GT&Cs), the client, in full or in part, terminates the contract or cancels the reservation, or if the client fails to check in for the booked stay, the Operator becomes entitled to a cancellation fee equal to 100% of the price of booked and confirmed services.
If the client, in full or in part, terminates the contract or cancels the reservation, or fails to check in for the booked stay due to unexpected circumstances (illness, death, natural disaster, etc.), the Operator may waive its claim to the cancellation fee provided that the client submits credible evidence on the reasons for his/her full and/or partial termination of the contract or cancellation of the reservation or for his/her failure to check in for the booked stay, and may postpone the start date for up to six months from the day following the original start date.
If the client has, in full or in part, terminated the contract or cancelled the reservation, or failed to check in for the booked stay, the Operator shall send, in writing or by email, a notification to the client on the Operator claiming its right to the cancellation fee, including the amount of such fee, under these GT&Cs within 14 days of the client’s full and/or partial termination of the contract or cancellation of the reservation, or of the original start date if the client failed to check in for the stay. By confirming the booking order and accepting these GT&Cs, the client agrees and acknowledges that, if the client terminates the contract and cancels the reservation, in full or in part, or if the client fails to check in for the stay, the Operator is entitled to unilaterally deduct from the price of the stay paid by the client upon booking an amount corresponding to the amount of the cancellation fee to which the Operator is entitled under these GT&Cs; any difference exceeding the amount of the cancellation fee so deducted shall be paid by the Operator to the client by a wire transfer, to the client’s bank account from which the price of the stay was paid by the client upon booking, within 30 business days after the day following the day on which the client terminated the contract and cancelled the reservation, in full or in part, or on which the client failed to check in for the stay. Banking fees related to the refund of the price to the client shall be borne by the client.
The decisive day for the determination of the number of days when calculating the amount of the cancellation fee is the day of delivery of the written notice of termination of the contract and cancellation of the reservation.
Cancellation fees for massages and treatment procedures. The client has a right to cancel for free the massages and treatment procedures booked in advance only if he/she does so not later than 1 hour before their start. If the client fails to do so, a cancellation fee up to 100% of the price of a massage or treatment procedure booked by the client may apply.
In the case of any doubts or questions that may arise in connection with the booking, the client may contact the hotel reception desk by phone at +385 42 440 800 or by email to: email@example.com.
Check-in is possible on the start date of the booked stay after 2:00 pm. Check-out is at 10:00 am on the end date of the booked stay, unless otherwise agreed in advance.
If the client fails to check in before 10:00 pm on the start date, this is considered a failure to check in for the booked stay (Article 4 of the GT&Cs), unless otherwise agreed in advance. In that case, the Operator of the Hotel reserves the right to offer a hotel room to other clients.
The Operator shall accommodate the client who arrived for check-in at 2:00 pm by 10:00 pm at the latest.
If the client fails to vacate the room by 10:00 am, a “late check-out” fee of EUR 30 (VAT included) will be charged. If the client fails to vacate the room after 1:00 pm, the Hotel is entitled to charge the client 100% of the price of the room. The room is considered vacated only after the client has removed all his/her belongings from the room and returned an electronic card to a competent hotel employee at the hotel reception desk.
In the case of special requests (a child cot, early check-in and/or late check-out) or if the client wants to book additional services, the client may contact the hotel reception desk by phone at +385 42 440 800 or by email to: firstname.lastname@example.org.
The Operator may provide discounts for children under 6 as follows:
for children under 6 (0 to 6 years old, inclusive), a 100% discount if they share a bed with parents
In exceptional cases the Operator reserves the right to offer the client a different type of accommodation as has been originally agreed, provided that it does not considerably differ from the confirmed booking order.
The Operator has a right to immediately terminate the client’s stay and withdraw from the contract without the client being entitled to claim a refund, if the client causes damage to the hotel property or violates the hotel rules. The Operator has a right to claim from the client a compensation for all damage caused by the client’s behaviour by which the hotel property was damaged.
The terms and conditions governing the booking of group stays are to be agreed individually with the Operator.
If the client has caused any damage to the hotel property, the hotel has a right to claim a compensation for damage right on site. The amount will be specified based on a price list freely available at the hotel reception desk and/or based on a purchase price. If the Hotel and the hotel guest fail to agree immediately and voluntarily right on site, the Hotel has a right to call a police patrol to resolve the matter.
If a false alarm is triggered due to the client’s failure to respect the fire safety measures such as:
- prohibition of smoking in the hotel premises
- triggering a smoke screen during events
- using a naked flame in the hotel premises
- other instances of triggering a false alarm
the service provider may charge a fee up to EUR 2,000.
The Operator has a right to offer discounted stays (last minute, first minute, etc.). The number of rooms reserved for discounted stays is limited.
The booking and use of discounted stays are governed by special terms and conditions exclusively governing discounted stays which take precedence over these GT&Cs. These GT&Cs shall apply to discounted stays only in those parts that are not governed derogatively or specifically in the special terms and conditions.
Protection of personal data and privacy
The Operator processes personal data in accordance with the generally binding regulations of the Slovak Republic, namely in compliance with Act No. 122/2013 Coll. on the protection of personal data and on amendments to certain acts as amended by Act No. 84/2014 Coll. as amended (hereinafter only as the “Act”).
The Operator processes the personal data of its clients for the purposes of booking, selling services used by the clients in the Operator’s accommodation facilities, and controlling their use. The personal data are processed for the period of time necessary for the fulfilment of the purpose of the processing – booking, selling services used by the clients in the Operator’s accommodation facilities, and controlling their use – however for not more than two years from when such data were collected. The personal data processed for the purposes of booking, selling services used by the clients in the Operator’s accommodation facilities, and controlling their use are processed by the Operator pursuant to §10(3)(b) of the Act without the consent of data subjects.
The Operator processes the client’s personal data for marketing purposes solely with the client’s explicit consent which the client may give by completing relevant data upon online booking and clicking on the consent to personal data processing.
The scope of processed personal data is as follows: first name and surname, address, date of birth, ID card number, email address, phone number. By providing the data and signing the consent with the processing of personal data pursuant to §11(1) of the Act, the client gives consent to the Operator for the processing of the personal data in the Operator’s filing systems. The client at the same time gives consent to having his/her processed personal data – in the scope including his/her first name and surname, email and phone number – used for the purposes of direct marketing (offering services of the company, sending business messages and information about marketing promotions by means of electronic communication, including a short message service (SMS)). The client also gives consent to the Operator to the cross-border transfer of the personal data within the European Union. The Operator undertakes not to treat the personal data in a manner contrary to the generally binding regulations. The consent to the processing of the personal data is granted for a period of three years; the client may revoke such consent at any time by means of a written notice sent to the registered address of the Operator, unless the Act stipulates otherwise. By giving his/her consent, the client also confirms to have been advised on his/her rights laid down in the Act (namely in §28 of the Act), as well as in Act No. 40/1964 Coll., the Civil Code, as amended, namely on the right to information about the state of the processing of the personal data in a filing system, the right to rectification of inaccurate our outdated personal data that are being processed, the right to erasure of the personal data if the purpose of their processing has been fulfilled, and the right to erasure of the personal data if the Act has been breached. The client further confirms that the personal data provided by him/her correspond with the reality, are complete, true and accurate and, at the same time, gives consent, valid for a period of three years, to receiving business and promotion materials, in any form of electronic communications, regarding the services provided by the Operator and its business partners; the client has a right to withdraw such consent at any time by means of a written notice sent to the Operator‘s contact address and/or to an address included directly in such business and promotion materials.
While processing the personal data, the Operator may carry out processing operations that involve a cross-border transfer of the provided personal data to other European Union Member States and/or access to such data from abroad by means of a remote access system if the filing system is administered by a processor established in that Member State. During the transfer, the Operator shall ensure, to the greatest extent possible, the protection of the personal data through encryption and by means of both software and hardware tools to secure the transferred data.
The Operator has highly ethical standards in place and respects the privacy of its clients. Except when the data are required to be disclosed under the Act or other generally binding regulations, the Operator shall not disclose or provide access to any personal data to any third parties or other recipients without the client’s consent. The booking system uses state-of-the-art technologies for encryption of sensitive data.
In accordance with the applicable legislation of the Croatia, the Operator implements all measures and operations for the processing of the personal data in such a manner that the data subjects are duly and timely advised on their rights they are entitled to under the applicable legislation of the Croatia, as well as under European laws and binding international treaties and conventions. In the case of the delivery of a legitimate request from a data subject, the Operator shall handle that request within 30 days of its delivery.
The data subject has a right, especially based on a written request addressed to the Operator, to request the information whether his/her personal data are being processed in the Operator’s filing systems or not; from which source his/her personal data were obtained; the information about the scope or list of the processed personal data; to request rectification or erasure of his/her incomplete, incorrect or outdated personal data; and to request erasure of the personal data whose purpose of processing already ceased or which have been processed without authorisation.
The data subject has a right to object to the processing of personal data for purposes other than those for which the personal data were legitimately provided, and to the processing of personal data which could unlawfully and demonstrably interfere with his/her rights and legally protected interests, provided that such an objection is legitimate. The Operator is obliged to block such personal data without undue delay and destroy them as soon as the circumstances allow so.
If an unauthorised processing of personal data is suspected, the data subject has a right to file a proposal to the Office for Personal Data Protection of the Croatia to commence proceedings for the protection of personal data.
The data subject that has no full legal capacity shall exercise his/her rights through his/her parent/legal guardian.
The rights of a deceased data subject may be exercised by a related person pursuant to separate regulations of the Croatia.
These GT&Cs and legal relations arising hereunder are governed by the laws of the Croatia.
Should any provision of these GT&Cs be or become invalid, ineffective or unenforceable, such invalidity, ineffectiveness or unenforceability shall have no effect on the validity and effectiveness of other provisions of these GT&Cs.
When confirming his/her reservation, the client accepts these GT&Cs and undertakes to abide by them. The Operator of the Hotel reserves a right to amend these GT&Cs. The obligation to publish amended GT&Cs in writing is deemed fulfilled by posting such amended GT&Cs on the Operator’s website at www.hotel-trakoscan.hr
These GT&Cs become valid and effective on 1 January 2018.
Trakošćan bb, 42253 Trakošćan, Croatia
ADRIATIC TOURIST RESORTS d.o.o.
Jurišićeva 2A, 10000 Zagreb
080734351, Trgovački sud u Zagrebu
Company ID (OIB): 00594096464
Temeljni kapital: 95.000,00 kn (uplaćen u cijelosti)
Management Board: Július Strapek and Michal Hartl
IBAN: HR2723400091110784670, Privredna banka Zagreb