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  GENERAL TERMS

1. TOURIST OFFER

Travel agency "Brazil Survive" offers the services of mediation and booking on behalf of the provider of services and to their benefit and this way provides accommodation for guests in accordance with the information found on the web pages of www…………com , except in the state of emergency (war, riots, strikes, terrorist activities, health violations, natural diasters, interventions of the authorities etc.).

Travel agency "Brazil Survive" (hereinafter referred to as the agency) guarantees the authenticity of the visual documentation and the data relating to the facts about the accommodation we offer and which are available on our web pages – www……….com. We also guarantee the accuracy of the conditions under which the accommodations are offered.

By paying for one or more accommodation units from our program, you assume a legal obligation towards us and you confirm that you agree with the general conditions of providing accommodation services in hotels as well as in private accommodation, which are here presented to you. All the items from the tour package present a legal obligation both for the guest and the agency. These conditions are the basis for resolving possible disputes that may occur between us, therefore please be sure to read them.

2. BOOKING AND PAYMENT

Reservations can be made by sending an e-mail with a completed form, which can be found on the ……….. site or by coming to one of our offices or the offices of our partner-agencies, which are authorized to sell the accommodations we offer. When making a reservation the guest has to supply all the information required in the reservation form, i.e. when making a reservation in our office or in the offices of our franchisees to submit all the documentation necessary to carry out the proper procedure. After receiving a confirmation of the booking, we will send you a requisition form for making the advance payment. To make the reservation valid it is necessary to make the minimum advance payment in the amount of 35% of the full price. ? After receipt of the advance payment, you will receive a credit voucher containing all the necessary information about the reservation.

For suites and rooms in private accommodation the price difference between the advance and the total sum can be paid before using the service or in our agency after reaching you destination. There you should present your credit voucher.

3. PAYMENTS

In order to confirm the reservation a guest should make an advance payment. The minimum percentage of the advance is 35% or more depending on different offers. By paying for the reservation the guest confirms that he/she is completely aware of all the facts and conditions under which a particular accommodation unit is offered. The act of paying the reservation turns all the conditions presented here into a legal obligation both for the guest and the agency

4. PROGRAM AND PRICE OF A TOUR PACKAGE

The prices found on " www…………….. com " pages vary from one accommodation unit to another and are shown next to every accommodation unit.


The prices include:
For suites in private accommodation: daily renting of accommodation units, beddings, towels, tablecloths and dish cloths, a fully equipped kitchen (except in case the use of kitchen is not included in the package) with dishes and cutlery, food and drinks, water, electricity and gas consumption as well as the cleaning service once a week.
Tourist tax is not included in the price and it is charged separately per person and per day and its amount depends on the age of a visitor, season and destination.
Special services are the services provided by facilities in private accommodation, which are not included in the original price (meals, renting tennis courts, boat charter etc.), hence the guest pays them separately.

Optional services are services provided by the agency and they are not included in the offer of the rented accommodation unit. They are paid directly to the agency in the national currency of the country in which the service is provided.
The prices of accommodations are in euro terms.

All above listed prices refer to the sojurn longer than 4 spent nights. A stay shorter than seven overnights must be in agreement with the agency. If the stay is shorter than four overnights the respective prices are increased by 30%. In case there is a change in prices of a particular accommodation unit after the application has already been made and before making the advance payment, The agency assumes an obligation of informing the guest immediately and sending a new bill, with his/her consent. In case the prices change after the advance has already been paid, the agency guarantees that the part remaining to be paid will be charged and paid in accordance with the prices that were effective when the advance for that accommodation unit was paid.

5. CATEGORIZATION AND DESCRIPTION OF SERVICES

The accommodation units offered: hotels, suites and rooms in private accommodation are described according to the official categorization of the national Ministry of Tourism and the County Tourist Bureau in the time the operating permit was issued and upon examination of the real state of the accommodations by the agency employees when classifying the building.

The standards of accommodation, catering, services etc. in different places and countries are different and cannot be compared. Information obtained on the sales outlet does not commit the agency more than the information found on our web site. The agency commits to provide the corresponding dishes in kitchens and the cutlery according to the number of guests in suites in private accommodation. Every guest should find clean and tidy accommodation units and there will be clean sheets and towels waiting for all guests. For guests staying more than one week, the service of changing sheets, towels and dish cloths will be provided once a week. On the day of arrival in hotels and suites in private accommodation guests will be able to use the aforesaid accommodations after 2:00 p.m. and on the day of departure they should leave the accommodation unit before 10:00 a.m. The provider of services should prepare the accommodation unit for the arrival of new guests in 4-hours time. The key of rented accommodation units is returned in the agency or in the accommodation unit itself.

In a case the guest is leaving the appartment after 6 pm, he is obligated to pay rent for the current day.

6. GUEST'S RIGHT TO CHANGE OR CANCELLATION

If a guest wants to cancel the accommodation booked, this should be done in a written form (e-mail, fax or mail). The date when the agency received a written notice of cancellation is the basis for making the bill of cancellation costs in the following way:

- For cancellation earlier than 29 days before the use of the service rented for the purpose of handling charges and operating expenses the agency charges 10% of the total sum of the accommodation rented. The rest of the sum is returned to the guest at the expense of the recipient.
- For cancellation from 28 to 22 days before the use of the rented service, the agency charges 30% of the total price of the accommodation rented. The rest of the sum is returned to the guest at the expense of the recipient.
- For cancellation from 21 to 15 days before the use of the rented service, the agency charges 60% of the total price of the accommodation rented. The rest of the sum is returned to the guest at the expense of the recipient.
- For cancellation from 14 to 8 days before the use of the rented service, the agency charges 80% of the total price of the accommodation rented. The rest of the sum is returned to the guess at the expense of the recipient.
- For cancellation from 7 to 0 days before the use of the rented service, the agency charges 100% of the total price of the accommodation rented.
- If a guest does not show up at the destination or cancels the tour package after the period of its use has alreadybegan, the agency charges the entire price of the tour package. If the expenses werereally bigger than the afore-said, the agency holds the right to charge those real expenses.

The abovementioned cancellation expenses are especially applied to the changes in date of use of the service of the rented accommodation unit but also to all other relevant changes. For every change of date, place or name of guests on the reservation slip the agency will charge 20 Euros in cash. In case of unplanned booking cancellation –force majeure, we recommend you to insure yourself against travel cancellation with a local insurer. On the contrary, the agency does not accept any liability.

7. OBLIGATIONS OF THE AGENCY

The agency has an obligation to ensure that the services are carried out, as well as to choose a provider of services with the care of a good manager and to take care of the rights and interests of a guest in accordance with the good tradition of tourism. The agency has an obligation to make sure that a guest is provided with all the services rented and thus it has a responsibility before the guest for possible failure in performing all or some of the services rented. The agency does not take responsibility in case of change and failure to provide the services, which are caused by a force majeure.

8. OBLIGATIONS OF A GUEST

A guest has to:

- have valid travel papers. The guest bears responsibility for the expenses of loss or theft of documents during the travel.
- obey customs and currency regulations of Republic of Croatia, as well as those of the countries through which he or she passes on the way,
- observe the House Rules in the rented accommodation unit and cooperate in good faith with providers of services.
- on the day of arrival at the destination a guest has to pay for the rest of the sum, if not already done, in the office of our agency or in an office of "www........com" partner-agency.

Upon arrival at the rented accommodation unit, a guest has to give the provider of services a copy of the money order that he or she got at the agency on making the final payment and on which are stated the exact number of persons, the time of residence and the type of services that have to be provided to them. In case of failure to observe these regulations, a guest takes the responsibility for ensuing expenses and he/she is liable before the agency for the damage done.

9. LUGGAGE

The agency does not accept liability for damaged or lost luggage nor for the theft of luggage or valuables in the accommodation unit. A guest reports the damage or loss of luggage to the local police station.

10. TRAVEL INSURANCE

Our prices do not include travel insurance for the risk of traveling and for the entire period of time spent in the accommodation unit. We recommend you to get travel insurance in an insurance company in your country.

11. RESOLVING COMPLAINTS

Every guest – contractor has a right to complain in case of failure to provide the service contracted. If the rented services are only partially or unsatisfactorily executed, a guest may ask for proportional compensation by submitting a written complaint.

Complaints on services provided in suites in private accommodation:
The contractor makes a complaint on behalf of his/her guests who are staying in the same accommodation unit.

The procedure for making a complaint:

- If upon arrival at the destination a guest is not satisfied with the state in which he/she found the accommodations, he or she has to inform the agency, i.e. the authorized agency representative of the cause of his/her discontent immediately upon arrival. The guest has to cooperate in good faith both with the representative of the agency and with the provider of services in order to resolve the complaint.

- If the guest refuses to accept compensation accommodation or refund agreement that is equivalent to the service that is booked and paid for, the agency will not recognize subsequent complaints nor will it consider it necessary to respond to it.

- The criterion of comparison of the original and the compensation accommodation is the price found on web pages " www...............com ". The agency cannot offer a guest services of inferior value in relation to those already paid for.

- If a guest is not satisfied with the state of accommodations on the spot and leaves the building finding new accommodation on his/her own, without giving the agency an
opportunity to resolve the cause of his discontent or to find compensation accommodation

This guest cannot ask for a refund nor make a claim for compensation, notwithstanding the fact that his reasons might be justified. In case of complaint and request for help, that is for arbitration of the agency, upon receipt of the complaint, the agency has 8 hours to resolve the situation at issue. The period between 10 p.m. and 8 a.m. does not count. If the cause of discontent is valid, resolution of problems that led to it will be considered as the proper solution to the situation. In case those valid causes of discontent cannot be resolved, the agency is obliged to find compensation accommodation for guests. Compensation accommodation is the accommodation of the same or better quality offered in the entire tourist region of Sv. Filip i Jakov.

In case a guest does not accept one of at least 3 alternatives of the same or better quality, which are offered to him/her, the parties will sign a refund agreement. Under this agreement the agency can refund the guest the maximum amount of 50% of the sum he paid.

The parties mutually sign two copies of the refund agreement and in that case the guest renounces the right to subsequent claims for compensation, as well as the right to inform the media. This agreement rules out the guest's right to consequential damage. The guest can keep one copy of this document.

12. NOTE

By paying for the reservation the guest entirely accepts the program and the conditions of providing services both in hotels and suites in private accommodation that are stated here.

Sv. Filip i Jakov, October 15th 2005.




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