ACCOMMODATION BOOKING CONDITIONS
These Booking Conditions, together with any other written information we brought to your attention before we confirmed your booking, form the basis of your contract Obonjan Rivijera d.d. of Nikole Tesle 67, Šibenik, 22000, Croatia (Company Registration No. 100012041), (“we”, “us”, “our”). Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to “you” and “your” include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.
By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:
- He/she has read these terms and conditions and has the authority to and does agree to be bound by them;
- He/She is over 18 years of age;
- He/She accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
IMPORTANT NOTE: The Island has a full arts, well being and entertainment programme (“Entertainment Programme”) throughout the summer season. All bookings for accommodation on the Island automatically include entry and access to the Entertainment Programme without the need for any further payment. Use of the Entertainment Programme is entirely at your discretion. The Entertainment Programme forms part of the accommodation provided on the Island and is not considered a separate ‘tourist service’ for the purposes of the Package Travel, Package Holidays & Package Tours Regulations 1992 and as such your booking does not constitute a “Package Holiday” as defined therein.
1. Making a Booking
A booking is made with us when you a) accept our written, online or verbal quotation; and b) you make the applicable payment; and c) we issue you with a booking confirmation. We reserve the right to return your deposit and decline to issue a confirmation at our absolute discretion. A binding contract will come into existence between you and us as soon as we have issued you with a booking confirmation that confirms the details of your booking.
Upon receipt, if you believe that any details on the booking confirmation or any other document are wrong you must advise us immediately as changes can not be made later and it may harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending it out.
2. Payment & Prices
For all bookings made more than 120 days before departure, the following payment options will be available to you:
- Non-refundable Early Booking Discount Rate: you can choose to pay the full cost of your booking at the time of booking. If you choose this option, you will be entitled to a discounted rate however you will not be entitled to any refund in the event you cancel your booking after it has been confirmed, for any reason whatsoever; or
- 30% Deposit: you can choose to secure your booking with a deposit payment of 30% of the total cost of your booking. You must pay the balance of the cost of your booking (including any applicable surcharge) not less than 120 days prior to your scheduled arrival. If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in clause 4 below will become payable. If you cancel your booking after you have paid the balance then the normal cancellation charges at clause 4 shall apply.
For bookings made less then 120 days before departure, full payment must be made at the time of booking. If you cancel your booking after it has been confirmed, the cancellation charges in clause 4 shall apply. All payments will be collected by Otok Limited of Unit 46 Regent Studios, 8 Andrews Road, London, E8 4QN (company no. 9353396), acting at all times as an agent on behalf of Obonjan Rivijera d.d. Please note that all payments will be taken in Kuna (HRK). If you choose to pay in £GBP, you may be liable to pay any exchange rate charges levied by your bank and we shall have no liability for this. Furthermore, the price of your confirmed booking is subject at all times to changes arising from government action such as changes in VAT or any other government imposed changes, and changes in the exchange rates of currency, and we reserve the right to pass on to you any increases in the price of your confirmed booking as a result.
We endeavour to ensure that all the information and prices both on our website and in our itineraries and the marketing material are accurate; however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating
3. If you wish to change your booking
If you wish to change any part of your booking arrangements after the confirmation invoice has been issued, you must inform us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of up to £50.00 per booking (charged entirely at our discretion) as well as any applicable rate changes or extra costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. You should be aware that these costs could increase the closer to the arrival date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you and a cancellation fee may be payable as specified in clause 3.
4. If you wish to cancel your booking
If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing to firstname.lastname@example.org. Your notice of cancellation will only take effect when it is received in writing by us at this email address and will be effective from the date on which we receive it. Since we incur costs in cancelling your booking, you will have to pay the applicable cancellation charges up to the maximum shown below (with the exception of bookings made using the Early Booking Discount which are non-refundable). The cancellation charge detailed is calculated on the basis of the total cost payable by the person(s) cancelling excluding insurance premiums and amendment charges which are not refundable in the event of the person(s) to whom they apply cancelling.
60 days or more – Loss of deposit (if a deposit was paid) or 30% of total booking cost
59 days or less – 100% of booking cost
*Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above. We will deduct the cancellation charge(s) from any monies you have already paid to us.
If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
IMPORTANT NOTE: where you made your booking more than 120 days before your arrival date and chose to take advantage of the Early Booking Discount by making payment in full at the time of booking, your booking is non-refundable and you will not be entitled to any refund in the event you cancel your booking after it has been confirmed.
If you are forced to return home early, we cannot refund the cost of any services you have not used. If you cut short your booking and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your holiday not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
6. If we change or cancel your booking
If due to circumstances beyond our control it becomes necessary to substitute an alternative supplier, or make any other alterations to your booking we shall inform you of the changes as soon as possible. You must pay any additional cost due to such changes. If the changes are, in our view, so substantial as to significantly alter your booking and you are unwilling to accept said changes then you may cancel your booking and we will give a refund of all money you have paid to us.
We may in exceptional circumstances be required to cancel your booking in which case a full refund of all monies paid will be made to you. We regret we cannot meet any expenses or losses that you may incur as a result of change or cancellation.
Very rarely, we may be forced by “Force Majeure” (see clause 7) to change or terminate all or some of your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds, pay you compensation or meet any costs or expenses you incur as a result except where we manage to recover the same from our suppliers. You must direct all claims to your travel insurance.
7. Force Majeure
Except where otherwise expressly stated in these Terms & Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or our suppliers could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside our or the supplier(s) concerned’s control. Advice from the Foreign Office to avoid or leave a particular country will also constitute Force Majeure.
Due to the accommodation being located on an island, you accept that travel to/from the island may be affected by weather conditions and other such factors outside our and our suppliers’ control. Accordingly, we cannot be held liable and will not pay any refunds or compensation where your stay is affected by such factors, including where this results in a reduction in the number of nights of your stay, or where this affects the arts/entertainment programme (e.g. in the event any of the artists cannot make it on to the island due to the weather conditions).
Adequate travel insurance is a condition of your contract with us. You must be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions, cancellation charges, medical expenses and repatriation in the event of accident or illness. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
9. Special Requests
Any special requests must be advised to us at the time of booking e.g. diet, room location, a particular facility at the Island etc. You should then confirm your requests in writing. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed. We do not accept bookings that are conditional upon any special request being met.
10. Disabilities and Medical Problems
We are not a specialist disabled travel company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your stay, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate in the tour. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
We make every effort to ensure that your booking arrangements run smoothly but if you do have a problem during your stay, please inform the General Manager immediately who will endeavour to put things right. If your complaint is not resolved locally, please contact us at email@example.com. If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us at firstname.lastname@example.org within 28 days of the end of your stay, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract.
You can access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/.
12. Behaviour & Indemnity
All guests staying with us are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of other guests. In particular, you agree to the following:
- The House Rules, which can be found at https://www.obonjan-island.com/house-rules/, as amended from time to time. We request that you familiarise yourself with the House Rules prior to arrival as you will be required to sign to confirm that you have read and accept the House Rules at check-in.
- In the interests of safety, you may be asked by a person in authority to submit to a search of your person or your belongings and if you are found to be in possession of materials believed by said person to be dangerous, illegal or unsuitable such materials may be confiscated until the end of your stay.
- Neither you nor any of your guests may bring illegal or intoxicating substances or liquids or illegal weapons, firearms or explosives to the Island.
- We may, in our sole discretion, refuse to allow to be brought to the island any item considered to be dangerous or offensive.
- We operate a strict “No Smoking” policy in the accommodation and any indoor venue on the island. You are expected to respect and adhere to this at all times.
- Our staff are entitled to be treated with dignity, politeness and respect by you at all times. Any physical or verbal abuse or aggressive or violent conduct will not be tolerated.
- We require that you show due consideration to the inhabitants of nearby and neighbouring accommodation and keep any noise to a minimum, particularly late at night/early morning.
- Any damage to the accommodation or our property must promptly be reported by you to the General Manager and you shall pay for the cost of repairing any damage caused.
- We reserve the right to charge for any lost or damaged keys, remote controls and/or another equipment, furniture and furnishings provided for the guests reasonable use in the accommodation.
- If in our opinion or in the opinion of the General Manager or any other person in authority, your behaviour or that of any member of your party is causing or is likely to breach any of the terms above, these booking conditions generally otherwise cause distress, danger or annoyance to any of our other guests or any third party or damage to property, we reserve the right to terminate your booking arrangements with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other service immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other service will be made and we will not pay any expenses or costs incurred as a result of termination.
You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the General Manager or other supplier prior to departure from the accommodation. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you.
We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
13. Our Liability
- We have a duty to select the suppliers of the services making up your booking with us with reasonable skill and care. We have no liability to you for the actual provision of the services, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the suppliers/subcontractors with reasonable skill and care, we will have no liability to you for anything that happens during the service in question or any acts or omissions of the supplier, its employees or agents.
- We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
(a) the act(s) and/or omission(s) of the person(s) affected;
(b) the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable;
(c) unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
(d) an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
- We limit the amount of compensation we may have to pay you if we are found liable under this clause:
(a) loss of and/or damage to any luggage or personal possessions and money: the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind. (b) Claims not falling under (a) above and which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is twice the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
- It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
- Where any payment is made, the person(s) receiving it must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
- Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or (b) relate to any business.
- We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised by us. Excursions or other tours that you may choose to book or pay for whilst you are on the island are not part of your contracted arrangements with us. For any excursion or other tour that you book whilst on the island, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.
14. Passport & Visa Requirements
It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.
Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit www.passport.gov.uk
Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit www.fco.gov.uk. You are responsible for making yourself aware of Foreign Office advice and State Department warnings in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. Advice from the Foreign Office to avoid or leave a particular country will constitute Force Majeure (see Clause 7).
15. Arts & Entertainment Programme
All accommodation bookings are sold subject to our right to alter or vary the published arts & entertainment programme for the whole or part of your time on the island. Such alterations may result in changes or cancellations to the artist and performer line-up, playing times, or any other aspect of the arts & entertainment programme, and we reserve all rights in this regard. Any published start times of a performance are estimates only and are subject to change without notice.
We shall not be liable for any changes or cancellations to the arts & entertainment programme and you will not be entitled to any refund or compensation payments in these circumstances.
16. Arrival & Departure
You can check-in at the accommodation from 3pm onwards on the start date of your booking. You must check-out of the accommodation by 10:30am on the last day and failure to do so may result in your being charged an additional sum.
17. Security Deposits
At check-in, you will be required to provide a security deposit, which will be held on a credit card, as follows:
Canvas Tent 750 KN
Forest Lodge 1500 KN
The security deposit will be used to cover the cost of any breakages, damage or losses found at the accommodation, upon inspection, once you have checked-out, and we reserve the right to deduct such sums from the security deposit without notice to you. Where it is found that the security deposit is insufficient to cover the costs of damage, breakage or loss to the accommodation caused by you, we shall rely on the indemnity at clause 11 to recover all our losses from you.
Please note that it may take up to 48 hours to process the refund of the security deposit (less any costs for breakages, damages etc. if applicable), after check-out.