General terms and conditions
The wording of the contract is not saved when you book. You can of course save the general conditions of the contract, that are available in PDF format.
1. legal relations
1.1. Das Rechtsverhältnis zwischen Ihnen als Kunden und der Adrialin d.o.o., Krčka 2a, 53270 Senj, Kroatien, eingetragen im Handelsgericht Rijeka unter der Nummer 020025972 (im Folgenden ADRIALIN, „Reiseveranstalter“ oder „Veranstalter“ genannt) regelt sich nach den gesetzlichen Vorschriften und nach den folgenden Reisebedingungen (AGB), welche die gesetzlichen Bestimmungen ausfüllen und ergänzen. Jeder Kunde erkennt mit der Buchung für sich und für die von ihm mitangemeldeten Personen diese Bedingungen als allein verbindlich an.
1.2. The General Terms & Conditions can be seen at all times in the catalogue and online (print version).
2. Completion of the accommodation contract
2.1. The booking can be made by persons of legal age in writing, orally, by telephone or online at ADRIALIN. With your booking, you offer ADRIALIN the binding conclusion of the accommodation contract, whereby you are bound to your offer until written confirmation or cancellation by ADRIALIN. The accommodation contract is concluded by the online sending of the booking confirmation/invoice in text form by ADRIALIN, which is sent immediately, at the latest within 7 days by e-mail. Note: the automatic confirmation of receipt of the booking by ADRIALIN by e-mail, which is sent for online bookings, is not a booking confirmation.
2.2. We would like to point out that, according to the law on services offered, you do not have the right to cancellation but merely the statutory withdrawal and termination rights.
2.3. Travel agencies and other providers act only as an intermediary.
2.4. If an object is not available, ADRIALIN can offer the customer one or more appropriate alternatives. You and the tour operator are not bound to this new offer. If you wish to accept it, the procedure is the same as for a new booking.
2.5. We are happy to accept customers' requests on booking and pass these on to the landlord or operator. However please note that ADRIALIN cannot guarantee that they will be fulfilled. Special requests and bookings that have been conditionally accepted and verbally agreed only become valid when they have been confirmed by ADRIALIN in writing.
Within the booking process, you can choose to pay with the following payment methods:
- payment by bank transfer
- Payment by direct debit (only in Germany and Austria)
In this process, online sensitive personal data such as account number, name and address are encrypted in the service using SSL technology.
- For short-term bookings, not all of the above payment options may be offered.
3.1.1 A rental deposit must be paid immediately upon receiving the booking confirmation. The amount depends on the booked object and is displayed in advance in the offer. The rental deposit will be applied to the total amount after invoicing.
3.1.2. The due date can be found in the booking confirmation.
3.1.3 Invoicing will take place after receiving the remaining amount.
3.1.4. For bookings made from the 50th day before the start of the trip (short-term bookings), the total amount is due immediately.
3.1.5. If the rental deposit or the balance, or the entire rental amount in the case of short-term bookings, is not received on time, ADRIALIN may refuse to provide services. In addition, ADRIALIN may terminate the contract after issuing a reminder and setting a deadline. The organizer can demand cancellation fees as compensation according to the cancellation scales mentioned under point 8.2, provided that there would not already be a rental defect entitling to cancellation at that time.
3.2. Payment via direct debit (German or Austrian bank account only)
When paying by direct debit, you authorize ADRIALIN, with the assistance of Sparkasse Baden-Baden Gaggenau, Sophienstr. 1, D-76530 Baden-Baden, to collect payments from the specified account by SEPA direct debit and instruct your credit institution to honor these direct debits. The advance notice period will be reduced to one day. The conditions agreed with your credit institution apply. Direct debit is not possible from savings accounts.
3.3.Upon confirming your booking with and making payment via a third-party portal, this is subject to the provisions of the respective provider. Please contact your provider for further information.
4.1. If you have a voucher code for an instant discount and would like to redeem this for your booking, this must be provided at the time of making the booking. The trip price will be reduced accordingly. Discounts cannot be applied retrospectively to existing bookings.
4.2. If a voucher has been offered as part of a promotion or certain properties advertised with a money-back voucher, the respective voucher conditions shall apply.
5. Travel documents
5.1. After payment of the travel price or the total amount of the rental, the travel voucher will be sent to the customer. If the balance is to be made on site, the travel voucher will be sent after receipt of the contractually owed rental deposit. The travel voucher identifies you as the tenant to the responsible travel agency or the key holder on site (reception, property manager), or the hotel or resort. It contains directions to the supervising travel agency or to the booked property, their address and telephone numbers and the check-in times. The customer should note that the remaining travel documents will be sent only after full payment has been received.
5.2. Please notify us immediately if you have not received your travel documents from us at least 5 days before departure. In this case we will send them immediately, provided your payment. If you do not notify us and do not start the trip due to missing travel documents, we must treat this as a cancellation with costs.
5.3. After confirming your booking on a third-party portal, it is possible that you will receive your travel documents from this company instead of ADRIALIN. Please enquire with your provider.
6. Services, prices
6.1. The scope and nature of the services to be provided by ADRIALIN under the accommodation contract are governed exclusively by the descriptions, illustrations and price quotations in the catalogs or on the ADRIALIN website that are valid for the travel period as they have become the basis of the contract, as well as the information referring to them in the booking confirmation. Additional agreements that change the scope of the contractual services require express confirmation in text form.
6.2. The local authorities impose a lump sum fee that is to be paid per person per day and is called "local tax" or "visitor's tax". Look in the property description to see if this is included in the price or if it has to be paid locally.
6.3. Please refer to the respective property description to see whether the following services and additional charges are included: use of electricity, water and gas; bedding; final cleaning and everything else which is advertised as being an additional service.
6.4. Other supplementary services are listed as such and are paid on site.
6.5. When the key is handed over an appropriate amount (deposit) may be requested as security for any damage caused. This will be repaid or charged against when the the flat and the fixtures have been returned in a condition according to the rules at the end of the stay.
6.6. The conclusive cleaning of the holiday apartments and holiday homes is carried out by you as customer, irrespective of the final cleaning carried out by the tenant. Conclusive cleaning includes washing up and tidying away of all crockery and cutlery, removal of all rubbish and the sweeping through of all rooms so that a property can be handed over in a clean and tidy condition.
6.7. It is indicated in the programme descriptions whether towels are available in the property or have to be brought. Tea towels are provided by the landlord in some cases, we do however generally recommend to take these with you. Toilet paper (except in the hotels), washing up liquid and cleaning fluid should also be taken.
6.8. In the case where additional beds and/or child beds are provided, this will be noted correspondingly in the property description. Additional beds and/or child beds have to be ordered and that order has to be confirmed in every case and this has to be noted on the travel voucher.
6.9. Whether a pet is allowed can be found in the individual programme description. A pet definitely has to be registered on booking even if it is allowed according to the description. Only one pet is principally allowed. If pets are not allowed this does not necessarily mean that there will definitely be no pets in the house, on the holiday camp etc. or that the property you have rented does not sometimes have pets. If pets are principally allowed this does not automatically mean that they are allowed to move around freely everywhere. In many holiday camps, dogs are not allowed for example in the pool area and green areas, and certainly not in restaurants or similar areas. It may also be obligatory to keep your dog on a lead at all times. Dogs are also not permitted in the pools of individual houses. Pets are banned from sections of beach or beach complexes in many places, so you often have to be flexible on this point.
6.10. In the case of special offers, e.g.. 14=10 or 7=5, or percentage discounts on the rental prices, campaigns such as early bird discounts or other offers variable supplementary costs may possibly be due for the full duration of the trip. If the special offer stay overlaps two travel times the discount will always be based on the lowest week or day price.
6.11. If ADRIALIN expressly arranges programmes on behalf of other tour operators or individual services of third party suppliers, e.g. excursions, flights, hire cars etc., then ADRIALIN shall only be liable for the orderly arrangement, not the service itself. The conclusion of the arranged contract and its content complies with the corresponding legal regulations and, if applicable, with the conditions of the respective contractual partner.
7. Changes in services
7.1. Changes or deviations of individual services from the agreed content of the accommodation contract, which become necessary after the conclusion of the contract and which were not caused by us against good faith, are only permitted insofar as the changes and deviations are not significant and do not affect the overall nature of the booked trip. Any warranty claims remain unaffected insofar as the changed services are defective.
7.2. You are also entitled to the rights set out in the preceding paragraph in the event of a significant change in performance and must also assert these rights immediately after notification of the significant change.
7.3. Adrialian carries out changes within a booking (increase in the number of people, if permitted, lengthening stay) for an additional surcharge of €30. Other changes to the booking are treated as a withdrawal.
7.4.1. Changes to a booking cannot be made within the last 7 days before arrival. Any additional costs incurred due to a booking change within the last 3 weeks before arrival can only be paid by direct debit.
7.4.2. Transfers of cruises are only possible up to 60 days before departure. The transfer fee is 5% of the confirmed charter price. For cancellation of individual people (changes to the actual number of participants), the reserved meals (half or full board) are to be paid in full from 3 days before departure, even for those who have cancelled.
8.1. You can withdraw from the accommodation contract at any time before the start of the rental period. The declaration of withdrawal is not bound to a specific form, but we recommend for reasons of verifiability for both sides a written declaration of withdrawal or an e-mail with a request for confirmation. Decisive for the withdrawal is the receipt of the withdrawal notice by ADRIALIN.
8.2. The amount of our claim for cancellation fees depends on the current cancellation conditions of the respective object. These will be displayed on our website after the price has been calculated and will be included in your booking confirmation.
8.3. Deviating from the regulations mentioned under withdrawal is proceeded if you make use of your right to provide a substitute tenant. However, a prerequisite for this is that ADRIALIN as tour operator receives a binding notification in good time before the start of the trip so that the necessary rearrangements can be made. It is also a prerequisite that the substitute tenant meets the special requirements of the trip and that legal regulations or official orders do not conflict with this. With the confirmation of the name change by the tour operator, the new participant enters into the rights and obligations of the accommodation contract. The costs incurred by ADRIALIN due to this change will be charged to you at Euro 30 per transaction.
8.4. As a tenant, you are obliged to prove to ADRIALIN as the operator that no damage occurred or that the damage which occurred is significantly smaller than the requested flat sum.
8.5. Upon confirming your booking via a third-party provider, different cancellation fees may apply. Please contact your provider for further information.
9. Recess/cancellation by ADRIALIN
9.1. ADRIALIN may withdraw from the accommodation contract before the start of the rental period or terminate the accommodation contract after the start of the rental period:
a) without adherence to a notice period if the customer continually disrupts the trip in spite of warnings, endangers others through his behaviour or otherwise behaves in violation of the contract.
b) without adherence to a notice period if the trip cannot be carried out or is significantly limited due to Force Majeure which could not be foreseen at the time of contract or industrial disputes.
If ADRIALIN cancels the accommodation contract according to point a), then the total price is forfeited.
If ADRIALIN withdraws from the contract in accordance with b) before the start of the rental period, all amounts paid will be refunded immediately; further claims are expressly excluded.
If ADRIALIN cancels the contract according to b) after the start of the rental period, you will be refunded the part of the total price that corresponds to the expenses saved by ADRIALIN.
9.2. If a minimum number of participants is specified in the object description or in other documents that have become part of the contract, ADRIALIN may withdraw from the accommodation contract no later than the 22nd day before the start of the trip if this number is not reached. If ADRIALIN withdraws from the accommodation contract in such a case, the customer can demand the provision of a substitute offer, provided that ADRIALIN is able to provide this from its own offer at no extra cost to the customer. Otherwise, the customer will of course immediately receive back any payments made on the total price.
10. Fittings of the rented properties
10.1. In the holiday apartments and holiday homes cutlery and crockery is usually completely provided for the number of people. A refrigerator is definitely part of the basic fittings and is therefore not always explicitly mentioned in the property descriptions. All other technical household devices are only available if explicitly mentioned in the description.
10.2. If reception via satellite or cable is possible it will be shown in the text with Sat-TV or Cable-TV. However this does not absolutely guarantee that programmes in the customer's language can be received.
10.3. If the garden furniture is stated in the description that does not necessarily mean that there is one available chair for every person. Deck chairs and parasols are also only available if they are mentioned in the description of the property.
10.4. All accommodations offered are approved for accommodation in accordance with the local and customary regulations for accommodation. In general holiday properties are thought of exclusively for holiday purposes, which can be seen in the construction and furnishings. The bathroom and bedrooms tend to be smaller, the beds are not what people are used to. Many things are geared predominantly to utility. The holidaymaker should note that different building regulations do not apply in other countries. For example balcony railing and stair banisters are much lower, steps are steeper and doors and windows do not comply with the usual industry standards. The soundproofing of the properties is not always what people are used to, but conforms to the the norm in the country, meaning that sound and noise protection may be different. With holiday houses and flats, landlords often live in the property for part of the year, so sometimes parts of the property are shut away, as their property is in it. However there is always enough storage room and space available.
The normal international hotel classification of stars indicates the hotel standard and is based on the respective category details of the country concerned.
10.5. The dimensions of the apartment in square metres is approximate and may vary from the actual dimensions by up to 10%. Dimensions given include the surface area of the accommodation intended for use by you as a traveller. These include in particular the surface areas of balconies, loggias, winter gardens and/or terraces.
11. Customer´s rights and liabilities.
11.1. You have the right as tenant to use the entire property including furnishings and devices. You are obliged to treat the property and and its inventory, as well as any communal areas, with the utmost care.
11.2. You are obliged to replace any damage caused by you or your companions or guests during the course of your stay.
12. Number of persons
12.1. The property may not be occupied with more persons that allowed in the catalogue and confirmed on the travel voucher (except for one infant of less than 2 years of age).
12.2. In the event of over-occupancy the landlord has the right to refuse or send away excess persons or to desire the proportional rental price and supplementary costs.
13. Time of arrival and time of departure
13.1. Time of arrival is between 2pm and 7pm on the day of arrival, unless otherwise stated. If you are unable to keep to the agreed time of arrival, a proper reception can no longer be guaranteed.
13.2. On the day of departure the property must be vacated by 10am and handed over to the landlord or his representative.
14.1. ADRIALIN is responsible for thorough trip preparation within the serviceable liability of an accurate vendor.
a) conscientious preparation of the accommodation services
b) careful selection and monitoring of the service providers
c) the accuracy of the service description
d) the proper provision of the contractually agreed services.
14.2. ADRIALIN's liability for damages other than bodily injury is limited to three times the rental price, insofar as damage to the renter was caused neither intentionally nor by gross negligence or insofar as ADRIALIN is responsible for damage incurred by the renter solely due to the fault of a service provider.
14.3. Request for compensation of the damage towards ADRIALIN is limited or impossible on the basis of the international agreements or related legislation which need to be applied on services performed by the service provider, a request for damage compensation towards the service provider may only be made under certain preconditions or limitations or it is excluded by certain preconditions.
14.4. In the event of possible service issues, you are obligated to take all feasible steps to contribute to eliminating the issues within the scope of the legal provision and to minimize or prevent possible damages. This includes the obligation to report complaints to the onsite service centre / contact person listed in the travel documents immediately. The gross negligent failure of reporting deficiencies results in reduced damage claims or reimbursement claim against the tour operator.
14.5. Service performers (owners, key holders, agents etc.) hold no representative function and are not ADRIALIN representatives, nor do they have authority to accept the complaints and issue or accept legal statements.
14.6. Claims for services not provided in accordance with the contract can be asserted against ADRIALIN within one month after the contractually agreed end of the trip, whereby we strongly recommend the written form. The prerequisite is that the agreed services or the substitute services accepted by you were not provided in accordance with the contract, that you reported the defect without delay and that an adequate remedy was not provided. If the service is significantly impaired by defects, you can terminate the accommodation contract. As a rule, the prerequisite is that you have requested remedy from ADRIALIN with a reasonable deadline and this deadline has passed without result.
14.7. The operator cannot accept liability for information contained in description of the place, since they are not a subject of the contract and the operatorr cannot influence their origin or check their accuracy.
14.8. Between you and ADRIALIN a limitation period of one year after the contractual end of the accommodation is considered agreed.
14.9. Transfers of claims against ADRIALIN to a third person, spouse or immediate family members are not allowed. It is equally impossible for a third party to be entitled to the claims of the holidaymaker.
14.10. Damages to baggage or delivery delays with air travel and other transport should also immediately be reported on location to the responsible transportation company and a written confirmation should be procured (e.g. lost item report by air transport), in order to avoid forfeiting claim in accordance with international agreement.
15. Travel provisions
15.1. For Croatia, Italy, Spain, France, Austria and Turkey, EU nationals require a valid passport or identity card for entry (for stays of less than 30 days).
15.2. Non-EU citizens are themselves responsible for adherence to all important visa, customs and vaccination stipulations necessary for the trip. All disadvantages, especially the payment of cancellation charges, which result from not adhering to these stipulations, are their responsibility.
15.3. For a surcharge of 20,00 EUR we issue separate certificates which are necessary for applying for a visa. These are sent by post.
16. Legal effect and jurisdiction of the court
16.1. The invalidity of individual provisions of the accommodation contract does not result in the invalidity of the entire accommodation contract.
16.2. The customer can only sue the tour operator at its headquarters.
16.3. For actions taken by the tour operator against the customer, the customer’s place of residence is definitive. . For lawsuits against customers or contractual partners of the accommodation contract who are merchants, legal entities under public or private law or persons who have their place of residence or habitual abode abroad, or whose place of residence or habitual abode is unknown at the time the lawsuit is filed, the place of jurisdiction is agreed to be the registered office of the tour operator.
16.4. The above provisions do not apply,
a) if and insofar as provisions of international agreements that cannot be contractually excluded and are applicable to the accommodation contract between the customer and the tour operator result otherwise in favor of the customer or
b) if and insofar as non-mandatory provisions applicable to the accommodation contract in the EU member state to which the customer belongs are more favorable to the customer than the following provisions or the corresponding statutory provisions.
16.5. The European Commission has provided an online platform for dispute resolution. You can find this platform at http://ec.europa.eu/consumers/odr/. Our email address is : email@example.com. ADRIALIN is not obliged to participate in arbitration proceedings.
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