GENERAL TERMS AND CONDITIONS OF DIVELUX AGENCY
DiveLux is an agency specialized in the provision of holiday accommodation, in particular private villas with swimming pools, the provision of diving center services and the provision of transfer services. DiveLux closes provision agreements directly with real estate owners of the properties. Furthermore, DiveLux acts together with other travel agencies (hereafter: partners) to offer its guest a larger selection of accommodation. All advertised accommodations have all licenses issued by the state authorities. DiveLux also concludes provision contracts with diving centers all over the Croatian coast to offer its guest the perfect diving vacation. Also, the transfer from and to the airport as well as daily trips to the diving center and back are no problem thanks to contracts with transfer providers. The goal of DiveLux is to secure that the guests have a totally relaxed and pleasant stay. All accommodations have been personally controlled by either DiveLux or our partners. The diving centers will only be contracted after through inspection. In many diving centers, our CCO even worked in person.
The rental contract, which you enter via DiveLux, you conclude as a tenant with the owner of the accommodation.
The service contract, which you enter via DiveLux, you conclude as a customer with the diving service provider.
The service contract, which you enter eventually via DiveLux, you conclude as a customer with the transfer service provider.
DiveLux acts exclusively as an agent and it shall be liable only as an agent.
By paying an advance for the booking of the selected accommodation in the demanded period, such as the selected diving service and/or the selected transfer service you unconditionally accept the general conditions. DiveLux reserves the right to change its general conditions which are published on the web page of DiveLux (www.dive-lux.com) and come into force on the day of publishing. All the annexes to the contracts shall be valid only if made in a written form.
After DiveLux receives the advance payment, it shall be send a written confirmation of booking (hereinafter: the confirmation) that includes the exact location of the accommodation as well as all information regarding to the diving service and/or transfer service. This written confirmation forms together with these terms of condition one or several initially described contracts between the tenant/customer and the owner/diving/transfer service provider.
The guest must be at least 21 years old on the booking day.
- TRAVEL TIME
The time of arrival and departure which is mentioned in the confirmation in the confirmation is unchangeable and the customer has to obey it. The confirmation contains information about the time at which the accommodation will be prepared for arrival. In case of an earlier arrival the guest shall not be able to take over the accommodation before the time of arrival mentioned in the confirmation. The keys shall be in the accommodation. The keys shall be handed over only in case that the full rental fee is paid. The check-out from the accommodation must always be not later than 10:00 on the departure day, and the guest is obliged to return the keys to the owner. In case of later departure than the agreed one, the guest is obliged to pay to the owner all additional costs, which incurred to the owner, and the owner charges them directly on the spot to the guest.
2.1 Guest registration
The guest is obligated by Croatian law to provide the accommodation owner / accommodation host with official identification documents containing personal details for tourist registration purpose with the national tourist bord (HTZ). This information will not be used for any other purposes. A guest that will not provide any form of personal identification for tourist registration as required by law, may be denied access to the property with no possibility of reimbursement of rent paid.
2.2. Number of guests
At any time the number of people accommodated in the accommodation or its belonging premises cannot be higher than the one mentioned in the confirmation. This number of people includes children regardless of their age. The children up to one year of age are excluded if their arrival is announced. At wish of the guest the number of people can be increased until the maximum capacity no later than 3 (three) days before arrival. The requested change of the guest number must be submitted in writing by an email directly to DiveLux.
After the lease beginning the guest is obliged to announce previously all visitors which come to visit him/her. The total number of people which are in the accommodation or at the property around the accommodation including the guests and visitors cannot be higher than the maximum number of guests permitted without a special permission of the owner.
If more people than the maximum permitted number stays in the accommodation or on the possession around the accommodation without the permission of the owner, the owner and/or DiveLux retain the right to terminate the lease agreement which comes into force immediately, without the notice period, and the guest is obliged to leave the accommodation permanently together with all people which stay there within 2 (two) hours, and he/she is not entitled to demand the return of the sum of the paid accommodation from the owner or DiveLux.
2.3. Youth groups
In case that the guests are younger than 25 years, they are obliged to inform DiveLux immediately at the reservation about the exact number of guests and their age. In this case a payment of an additional deposit might be necessary for property damage or an additional insurance policy for the property damage liability in order to keep the reservation. DiveLux and the owner retain the right to reject the groups of guests younger than 25 years in case that DiveLux has not been informed about their arrival, and in that case the guests are not entitled to a return of the paid accommodation price.
3.1 Tents and camp trailers
It is forbidden to build tends or bring camp trailers or similar. The owner or DiveLux are authorized to demand that the above mentioned is removed without delay. If the guest does not fulfill the mentioned requests without delay, the owner and/or DiveLux are authorized to terminate the lease agreement which comes into force immediately, without a notice period, and the guest is obliged to leave the accommodation permanently together with all the people which stay there within 2 (two) hours, and he/she is not entitled to demand a return of the paid accommodation price from the owner or DiveLux.
3.2 House pets and allergies
If pets are required to be brought to the accommodation, the number of DiveLux pets to be provided must be provided in the booking request. DiveLux will then find accommodation where pets are allowed. The supplement for additional cleaning costs for pets (if applicable) will be added to the rental price.
The number of pets in the accommodation may not exceed the number registered and stated on the confirmation. In case that the guest wishes to bring more than 2 (two) pets, he/she must addionally contact DiveLux. Without a written permission it shall not be permitted to keep more than 2 (two) pets in a accommodation. The pet owners are responsible for cleaning of pet waste after their pet. Pets are not allowed to sit on the furniture at any moment. Each evidence on the stay of a pet on the furniture may cause additional cleaning costs. All pets must be timely vaccinated against rabidity and all other illnesses in accordance with the valid regulations. The guests are recommended an appropriate prevention for the protection of pets against common illnesses. Keeping of pets in a accommodation is at an exclusive responsibility of the guest, and owners and DiveLux do not take over any responsibility for a possible illness or injury which the pets might suffer during the stay. The approach to the swimming pools is strictly forbidden to the pets.
In some accommodations keeping of pets is not permitted. However, neither the owner nor DiveLux can guarantee that there were no pets in the house previously, or that the owner has no pets. DiveLux does not take over a responsibility for the allergic reactions of guests which might occur in any of the houses.
If the guest brings a pet which was not announced, the owner and/or DiveLux retain the right to terminate the rental contract which comes into force immediately, without the notice period, and the guest is obliged to leave the accommodation permanently within 2 (two) hours with all the people who stay there, and he/she is not entitled to demand from the owner or DiveLux the return of the paid accommodation price.
3.3 Newly built accommodations
At the booking of newly built accommodations the gust must be aware that it might happen that there was not enough time for the grass, plants, flowers or other horticulture to grow in the garden.
There is a possibility that in the accommodation area the guests suddenly hear noise which comes from a building site, traffic or similar. Neither the owner, nor DiveLux can be considered responsible for the mentioned noise.
In case that the guests disturb public order by noise and banter and do not calm down after the warning, that can be considered a severe breach of the rental contract provisions, in which case the owner and/or DiveLux are authorized to terminate the rental contract which comes into force immediately, without the notice period, and the guest is obliged to leave the accommodation permanently together with all the people who stay there within 2 (two) hours, and he/she is not entitled to demand the return of the paid accommodation price form the owner or DiveLux.
3.5 Swimming pools
The guest is obliged to obey the instructions of any kind which refer to the usage of swimming pools and which are given by the owner or DiveLux due to his/her own safety. The guest is responsible for using a swimming pool in any sense. The children must not be present at the swimming pool area without the supervision of adults. The guest uses the swimming-pool at his/her own responsibility. If the accommodation is reserved out of the summer season it might happen that the swimming-pool is out of use.
You should take into consideration that the usage of whirlpools is related to certain health risks, and you use it at your own responsibility. The water in the whirlpools might not be warm until the late evening hours on the day of the guest`s arrival. It is forbidden to stay on the whirlpool lids. The lids are used for isolation, they are not designed and adjusted to bear weight of a person and can be easily broken. In case that the lid is broken, the guest is obliged to compensate damage directly to the owner.
3.6 House order
Each accommodation has its house order which is put on a visible place and available to the guest. Guests are obliged to obey the house order rules. If the guest do not obey the house order rules, that can be considered a severe breach of the rental contract provisions, in which case the owner and/or DiveLux are entitled to terminate the rental contract, which comes into force immediately, without the notice period, and the guest is obliged to leave the accommodation permanently with all the people who stay there within 2 (two) hours, and he/she is not entitled to demand the return of the paid accommodation price from the owner or DiveLux.
3.7 Accommodation technical equipment
Accommodationscontain all necessary devices, technical equipment and other conveniences which secure a pleasant stay to the guest. The owner is obliged to secure the proper function of all devices in the accommodation. In case of a non-function or failure of any of the devices the guest shall inform the owner and/or DiveLux about the occurred situation so that DiveLux could demand from the owner to organize the repair and remove the failure as soon as possible. The owner is obliged to remove the reported failure within a reasonable period. The owner is liable directly to the owner for the failures, and DiveLux shall undertake everything possible to repair or remove the failures or other irregularities in the shortest possible period.
- DEPOSIT IN CASE OF DAMAGE / DAMAGE IN GENERAL
The guest is obliged, if he/she has no insurance policy for the property damage liability, to leave a deposit in cash on the arrival to the accommodation for the insurance of the possible caused damages. The deposit sum which the guest is obliged to give to the owner at the arrival shall be stated in a written reservation confirmation. The deposit serves as a security to the owner for caused damages in the accommodation, and the owner is entitled to cover the damage from the deposit. In case that the caused damage is higher than the deposited sum, the guest is obliged to pay the total damage amount to the owner. If no damage is caused to the accommodation, the owner is obliged to return the deposited sum to the guest at the takeover of keys at the guest`s departure.
4.2 Insurance policy for the property damage liability
If the guest has this insurance policy, he/she is not obliged to pay the damage deposit from the clause 4.1 of these Conditions. In case that the caused damage is higher than the sum covered by the property insurance policy, the guest is obliged to pay the total damage amount to the owner.
The damage property insurance policy does not cover damages which were caused by an intentional damage and destroying of property, and in that case the guest is obliged to cover all the damage which he/she caused.
The guest is obliged to behave responsibly towards the rented accommodation with an appropriate observance. The guest is obliged to return the accommodation in the condition in which he/she received it. For any caused damage the guest is liable directly to the owner. If the guest has no insurance, the owner is entitled to use a deposit to cover the sum of the actual damage in accordance with the 4.1 of these conditions. If the deposit sum does not cover the damage the guest is obliged to pay the difference up to the total damage amount directly to the owner.
An intentional property damage or disturbance of public order is considered a severe breach of provisions of the rental contract, in which case the owner and/or DiveLux are authorized to terminate the rental contract which comes into force immediately, without the notice period, and the guest is obliged to permanently leave the accommodation within 2 (two) hours together with all the people which stay there, and he/she is not entitled to demand a return of the paid accommodation price from the owner or DiveLux.
The guest is obliged to report to the owner immediately the occurrence of any kind of damage on the accommodation or property around the accommodation during the rental period. At the guest`s departure and before the return of keys, the guest is obliged to examine the accommodation and the property around the accommodation with the owner.
In case no damage is caused the owner is obliged to return the deposit from the clause 4.1 of these conditions, if he/she received it, to the guest, and in case of the caused damage, if the guest has an insurance, he/she is obliged to act in accordance with the insurance conditions.
It can be considered that a damage is also a need for an additional cleaning due to the especially bad condition in which the guest returned the accommodation to the owner, and the owner is entitled to use a deposit to cover that damage or demand an immediate payment if the guest has a property damage insurance.
DiveLux has no liability for the possibly caused damages to the owner or to the guest if he/she does not want to return the deposit. All possible disputes the owner and the guest shall settle among themselves without DiveLux.
- ADDITIONAL SERVICES
The use of telephone is not included in the accommodation price, but it can be agreed directly with an owner if there is a possibility. The calculation method for the use of phone is a subject of the agreement between the guest and the owner. If a use of phone is agreed as an additional service, the owner is entitled to demand from the guest to leave a higher deposit from the clause 4.1 of these conditions than the deposit mentioned in the confirmation.
5.2 Other additional services
If the guest has special requests which are not included in the agreed prices (such as cooks, waiters, special food, additional dives, equipment, diving instructor etc.) they shall be fulfilled, if there is a possibility, by the owner, the service provider or a third party. Additional services must be announced in advance by email in order to be fulfilled, if there is a possibility, in the top quality.
Regarding to accommodation, DiveLux neither provides additional services nor charges them, but only gives a support in their arrangement, and DiveLux cannot be considered liable for the quality of services provided by third parties.
Regarding to the transfer and/or diving services, additional services may be requested trough DiveLux. Only in these cases does DiveLux receives payments. However, even in this case, DiveLux cannot be considered liable for the quality of the service provided by the service provider or third parties.
- DAMAGES, COMPLAINTS AND REPAIR
If the guest at takeover of the accommodation notices an insufficient cleaning, damage or other irregularities in the accommodation, or has complaints of other type, he/she shall file a complaint no later than within 24 hours. The complaints regarding cleaning are filed immediately. The complaint is filed directly to the owner or his/her authorized representative. If the complaint is not settled in a satisfactory way for the guest, the guest shall contact directly DiveLux by phone or email in order to settle the claim in a satisfactory way.
If the customer detects serious deficiencies upon receipt of the service or if the service is not provided in accordance with industry-standards, he/she also shall file a complaint no later than within 24 hours. If the complaint is not settled in a satisfactory way for the customer, the customer shall contact directly DiveLux by phone or email in order to settle the claim in a satisfactory way.
It is an obligation of the guest to try to avoid the damage and accident occurrence or its expansion and to contribute the effort to minimize any loss for the owner, service provider or third parties.
In case of filing of any complaints the customer is obliged to give an appropriate term to the owner or service provider to settle the complaint.
The accommodations and diving centers have been inspected or reviewed by DiveLux or partners. DiveLux is not liable for possible additional deviations from the information available to DiveLux.
The guest`s departure from the accommodation before the end of the foreseen rent and without the previous notice and agreement with DiveLux shall be at risk and costs of the guest, and DiveLux has no liability. If the guest does not leave an appropriate term to the object owner or service provider for the removal of irregularities related to the damage repair or move to another accommodation or fixing of poorly rendered service provision, he/she loses right to them, and in that case he/she cannot terminate the concluded rental contract.
The owner respectively the service provider is exclusively liable to the guest for a possible direct property damage or accidents. Neither DiveLux, nor the owner, nor the service provider can be considered liable for any form of a non-material damage in the form of a breach of personality right.
7.1 PRICES AND PAYMENT
The amounts shown in the booking confirmation are stated in Euro. The payment by card is made in euro. If your card account is not in euros, it will be converted into euros by your card company.
The reservation is binding and occurs via mail. After confirming the booking of the accommodation and the requested services, an advance payment of 30 % of the agreed total price is due immediately. Upon confirmation of the booking, but not later than by paying the advance, the contracts with the owners and service providers are considered closed. An integral part of the contracts are the general terms and conditions herein which are considered to be accepted by the conclusion of the contract. After the advance payment has been received, DiveLux shall send a written booking reservation confirmation by email, which contains all the necessary information about the accommodation and service and along with these terms of conditions it represents the contracts concluded with the customer and the owners and/or service providers. In case that the payment is not made within seven days from the day DiveLux confirmed the booking request and asked for payment, the contracts are deemed terminated and all claims by the customer against DiveLux, the owner and the service provider have expired. DiveLux is not obliged to inform the customer separately.
The costs of water, gas, electric power and internet as well as bed-linen, towels, kitchen towels, final cleaning of the interior, maintenance of the swimming-pool and exterior, registration of stay and residential tax and the value added tax are included in the accommodation price.
The permitted payment methods for the advance payment are: credit cards, pay pal and bank transfer. All payments are to be made in EUR and there is a possibility of exchange rate differences for other currencies. DiveLux cannot be responsible for the exchange rate differences or fees of other bank institutions.
For the rest payment (70% of the agreed total price) all payment methods like for the advance payment are possible. The payment by credit cards, pay pal and bank transfer has to be made no later than 30 days before the arrival to the accommodation.
In case of booking cancelation all the payments which are made to DiveLux cannot be returned because DiveLux forwards the payments to the owners, partners and service providers according to the agreements with them. We recommend to conclude a travel insurance policy for the case of a reservation cancellation which covers the travel cancellation risk.
7.2 Bookings which were made 30 days and more before the beginning of the rental period
For the reservations which were made 30 days or more before the beginning of the rental period, the following conditions shall apply:
- a) advance payments of 30 % of the total agreed price is due for payment IMMEDIATELY if the payment method over a credit card or pay pal is selected. If the payment over bank transfers is selected, the paid advance payment has to be received by DiveLux within seven days;
- b) the rest of 70 % of the total agreed price is due for payment no later than 30 (thirty) days before the beginning of the rental period if the payment is made by credit cards, bank transfer or pay pal. Regarding to accommodation, cash payments will not be accepted. Regarding to the dive or transfer service, the rest of 70 % is due for payment after the service has been provided. The customer has to pay the corresponding amount directly to the service provider. Please note that mostly no cashless payments (card / PayPal) can be made in the diving centers.
7.3 Bookings which were made 30 das and less before the beginning of the rental period
- a) The total rental amount is due IMMEDIATELY for payment by credit cards, bank transfers and pay pal. It is not possible to select a bank transfer as a payment method if the arrival date is less than 15 (fifteen) days at the moment of sending a booking request.
- b) In case that the customer selects the payment of a part of the agreed price in cash, the advance payment in the amount of 30 % from the total agreed price is due IMMEDIATELY for payment and the partial price for the service is due after the service has been provided. The customer has to pay the corresponding amount directly to the service provider. Please note that mostly no cashless payment (card / PayPal) can be made in the diving centers.
7.4 Non-observance of the payment due dates
The guest is obliged to make payments within the period and in a way described in this clause of the General Conditions. If the guest does not obey the payment due dates, such behaviour is considered a severe breach of contract obligations and the contracts considered terminated without the notice period. DiveLux is not obliged to inform the guest about it. DiveLux shall, although it is not obliged, but in accordance with its business policy of a special appreciation of its guests, send the guest a notice as a reminder of the payment obligation with an appropriate fulfilment period. At the occasion of the contract termination all the payments made to DiveLux shall not be returned.
- TERMINATION AND CHANGES
8.1 Termination conditions
8.1.1 A concluded rental contract can be terminated only in writing (by email). The termination is effective only from the day when DiveLux received such a termination notice and only under the conditions from this clause.
8.1.2 In case of termination of one contract all the received payments until the termination date shall be retained, and the guest is not entitled to their return. DiveLux recommends to contract a travel insurance policy for the case of a reservation cancellation which covers the travel cancellation risk.
8.1.3. In case that the guest can find another customer as his substitute in the same period, for the same price, under the same conditions and this person uses the same services, DiveLux shall transfer immediately after a written receipt of all necessary data about the new customer the contracts to the new customer, and it shall send him/her a written confirmation about it. The already received price sums shall be retained by DiveLux after the transferred contract, and the new customer is obliged to pay the rest up to the total agreed price depending on the previously selected payment method which makes an integral part of the contract.
8.1.4 An additional change of the accommodation or the diving center is not possible. Only an increase of the services upwards is possible. This means that the amount for the service to be provided after a change must be higher than before. All received payments will be retained because DiveLux forwards the payments to the owners, partners and service providers according to the agreements with them.
8.2 UNAVAILABILITY AND UNUSED SERVICES
8.2.1 In case the rented accommodation is not available for rental due to force majeure, such as Earthquakes, floods, fires etc., DiveLux and the owner will not be liable for canceled bookings. If possible, guests shall be offered alternative accommodation or the refund of paid payments.
8.2.2 In case diving is not possible or not unreasonable due to force majeure, such as earthquakes, floods, fires or just because of the weather conditions, so only the actually used services are due for payment and all other already paid payments for the service shall be returned.
8.2.3 However, in case the provider was willing and able and the general circumstances permitted to provide the contractual agreed services (dives, equipment rental, courses, cook, waiter etc.), but they were not used for reasons attributable to the customer, there is not entitlement to reimbursement for already paid services.
8.3 Insurance policy for the booking cancellation
In case of booking cancellation, the guest demands the return of funds directly from the insurance company. DiveLux shall give all necessary documentation at request of the insurance company for the needs of processing of the claim for damages.
- DiveLux AS AN AGENCY
DiveLux is an agency that acts only as an intermediary. Either on the basis of agency contracts concluded with accommodation owners or on the basis of contracts concluded with partners, which have concluded agency contracts with accommodation owners. Furthermore, based on agency contracts concluded with diving service providers and agency contracts concluded with transfer service providers. Owners of accommodation as well as service providers have undertaken the duty through the contracts concluded with DiveLux or our partners, to provide accurate and complete information about their accommodation, services, availability capacities etc. Accordingly, they bear full responsibility towards the customer. If in opposition to the expectations of DiveLux, the service cannot be provided or the accommodation is not habitable, for example due to the sale on the basis of the court order or due to severe contract breach by the owner, service provider or a third party or something similar, DiveLux is authorized to cancel the reservation, and the agreed amount which was already paid by the customer shall be returned to him/her without delay or offer an alternative.
- ACT OF GOD
In case that one of the concluded contracts cannot be fulfilled or its fulfilment becomes significantly difficult due to an act of God (e.g. war, natural disaster, environmental disaster, epidemics, closing of borders, strike and similar act of God) which could not be foreseen at the time of contract conclusion, DiveLux and the owner or service provider may terminate theirs contract as neither DiveLux, nor the owner nor the service provider can be deemed liable in the above mentioned cases.
- FINAL PROVISIONS AND JURISDICTION
11.1 DiveLux is not liable for photographic errors and print-out errors of a written confirmation.
11.2DiveLux receives all information about accommodation, services, capacities etc. from owners, partners and service providers and tries to provide as accurate and up-to-date information as possible. The service provider and service provider are exclusively liable for giving accurate and complete information about accommodation and all information relating to the service, so that DiveLux cannot be considered liable in case of inaccurate, incomplete or false information.
11.3 Each business use of information published on the web page www.dive-lux.com, including any partial or complete reproduction represents a breach of the copyright and it is legally forbidden.
11.4In case of breach of provisions of a contract or the terms of conditions, the owner and/or the service provider (after the consultation with DiveLux) and/or DiveLux are obliged to terminate the contract which comes into force immediately, without the notice period, and the guest is obliged to leave the accommodation permanently within 2 (two) hours together with all the people who stay there, and he/she is not entitled to demand a return of the paid prices.
11.5These terms of conditions are made in German language and have been translated into English to the best of our knowledge. In case of a doubt regarding to the interpretation of particular terms in the translated version of this terms of conditions, the original version in German language shall be binding.
11.6. The contracting parties shall try to settle all possible disputes in an agreement. In case of any dispute the parties agree the competence of the competent Court in Munich and the application of the German law.