INTRODUCTORY NOTE

These General Terms and Conditions are an integral part of the Agreement between SOUL TRAVEL d.o.o., Dubrovačka 10, 21000 Split, Croatia, ID code: HR-AB-21-060289703 (hereinafter: "Agency") and the Service Contractor (hereinafter: "End User"). All information and conditions provided in the Offer and in these General Terms and Conditions are legally binding for both the Agency and the End User, unless otherwise determined by a written agreement.

The Agency provides services according to information available and valid at the time of the reservation confirmation except in case of force majeure or outstanding circumstances beyond the Agency's control, such as: natural disasters (earthquakes, floods, fires, droughts, etc.), sanitary disruptions, wars, strikes, terrorist acts, restrictions issued by the government (mobilization, country exit ban, etc.) etc..

By confirming the reservation, the End User confirms that he/she has read and fully comprehends and accepts these General Terms and Conditions which are the basis for resolving any possible disputes between the End User and the Agency. The End User is advised to read the General Terms and Conditions carefully prior to any payment.

RESERVATIONS AND PAYMENTS

Inquiries and reservations can be made through the form available on the Agency's website, by e-mail, at the Agency's office or through partner travel agencies. The End User is required to give any information and provide all documents necessary for the reservation procedure.

In order for the reservation to be confirmed the End User must, within duration of the provisional booking option, make an advance payment of 50% of the total amount. The other 50% have to be paid at least 25 days prior to the commencement of the service. In case the advance payment was made, but the payment of the rest of the amount isn't paid within agreed deadlines, the Agency reserves the right to cancel the End User's reservation and use the advance payment amount for compensation of service provider's and costs of the Agency. In case the reservation is made within 25 days prior to the commencement of the service, the End User must immediately pay the total amount of the reservation. After each payment, the End User is required to send to the Agency a copy of payment. All banking expenses, as well as any other additional expenses concerning the payment procedure, are covered entirely by the End User.

The Agency provides the End User with the appropriate materials, presenting all relevant information regarding the reservation, and points out these General Terms and Conditions as an integral part of the Agreement, as well as offers travel insurance. The information provided to the End User at the point of sale does not oblige the Agency any more than the information stated on the Agency's website or in other promotional materials.

PRICES

The base price includes service as described for the booked accommodation unit and adequate replacement accommodation in special circumstances (in case the lighthouse can not be reached). The base price does not include sojourn tax, boat transfer fee, additional fee for pets or other expenses which are indicated on the Agency's website or will be stated in the Offer. Additional services indicated on the Agency's website are services available through prior notification and additional payment. These services have to be requested before the confirmation of the reservation.

All prices are stated in Euros and formed according to agreements made with different service providers and do not necessarily match the prices listed on the spot by a particular service provider. Possible differences in prices can not be subject to complaint.

DISCOUNTS

In case of several discounts available, discount percentages are not cumulative. Discounts do not apply to „last minute“ offers.

SOJOURN TAX

In accordance with the Croatian Law on Sojourn Tax, the End User is obligated to pay the sojourn tax same as the accommodation service. For an adult person the sojourn tax ranges from 2,00 to 7,00 Kuna per day depending on the destination and accommodation service dates. Adolescents aged 12 to 18 years (not including ones who are already 18 years old) are entitled to a 50% discount, while children younger than 12 years are exempted from paying the sojourn tax.

CATEGORIZATION AND SERVICE DESCRIPTION

Accommodation units are described in accordance with the official categorization of the authorized government institution, and based on on-site assessment prior being put in the service provider's offer. Standards of accommodation, services, etc. may vary depending on the destination and country and cannot be compared.

END USER'S COMMITMENTS AND RESPONSIBILITIES

The End User is obliged to check whether a visa needs to be attained for entering the Republic of Croatia or other countries he/she will be passing through, have valid travel documents, possess certificates of vaccination if they are passing through countries that require mandatory vaccination against certain diseases, respect the customs and foreign exchange regulations of the Republic of Croatia and abide by the foreign exchange and customs regulations and laws and other regulations of the Republic of Croatia, other countries he/she will be passing through and in which he/she resides. In case of his/her inability to travel or arriving at the destination due to violations of mentioned regulations, the End User will be held liable for all costs and caused damages.

Pets are allowed only on certain lighthouses. If the End User wishes to bring any to one of these lighthouses, before confirming the reservation he/she is obliged to announce the intention of bringing a pet as well as announce the type and size of the pet. In accordance with this, the service provider reserves the right to refuse the reservation. If the service provider chooses to accept the reservation, an additional payment is required. Information about pets being allowed on a certain lighthouse and the amount of the additional fee that has to be paid to the service provider's authorized representative orlighthouse keeper upon arrival at the accommodation, or the embarkation point for the boat transfer, are indicated on the Agency's website or will be stated in the Offer. Even though pets might be allowed, House rules must be observed and all instructions obtained from the service provider's authorized representative or lighthouse keeper must be obeyed. The service provider reserves the right to withhold service to the End User, regardless if he/she is willing to make an additional payment, if he/she brings pets without previously having announced the intention of bringing a pet and the service provider having accepted the reservation. In this case, the Agency is not obliged to accept complaints made by the End User on the quality of the services.

Upon arrival at the accommodation unit, or the embarkation point for the boat transfer, the End User is obliged to submit to the service provider's authorized representative and/or lighthouse keeper all necessary confirmations and documents. In case he/she fails to do that, the service provider reserves the right to withhold service without the service provider or the Agency being obliged to pay back any amount to the End User.

Should the number of persons arriving at the accommodation unit exceed the number indicated on the travel documents, the service provider has the right to withhold service to unannounced persons.

The End User is responsible for his/her personal belongings. The Agency or service provider are not responsible for the damage, loss or theft of the End User's personal belongings, nor for third parties personal belongings that were kept and saved on the vessel, vehicle, accommodation unit, in the Agency's or the service provider's office or that occurred during transportation. By confirming the reservation the End User accepts these General Terms and Conditions and waives all compensation claims for such losses and/or damages. In case of loss or theft the End User should immediately report it to the service provider's authorised representative and the local police station.

During his/her stay on the lighthouse the End User is required to observe House rules, obey all regulations and obtained instructions, especially the ones regarding safety issues, and in general cooperate with the the service provider's authorised representative and/or lighthouse keeper in a well intentioned manner.

The End User is not allowed to: interfere with the functioning of the light, enter the lighthouse tower or any premises containing equipment, remove warning signs, give any light signals (with lamps, flashlights or similar) during the night, make outdoors fires or take any other action that might endanger the safety of navigation. During the night all openings of rooms with lighting have to be closed or covered with appropriate curtains.

It is also not allowed to flush waste, throw garbage around the lighthouse or into the sea. Garbage should be put in bags and kept in appropriate places.

In case the End User does not comply with the above given terms, he/she shall be held responsible for all the consequences that resulted thereof. The End User is liable for all damages and offences he/she might commit while using the accommodation. This also refers to the obligations that may arise from the accommodation use which may become due even after the expiration of the reservation. By confirming the reservation, the End User agrees to pay for all damage if any is caused.

END USER'S RIGHT TO CHANGES AND CANCELLATIONS

If the End User wishes to change or cancel a confirmed reservation, he/she must do so in writing (by e-mail) following which the Agency will send to the End User an e-mail confirming the receipt of the change/cancellation notice. If, due to technical or any other problem, the End User does not receive the confirmation from the Agency within 24 hours, he/she is obliged to contact the Agency by telephone and inquire on the status of his/her reservation. Changes or cancellations by telephone are not permitted and will not be accepted.

Changes, if possible, may include: names or number of persons or date of beginning or the end of service, and they have to be made at least 35 days prior to the commencement of service. The first change is done without additional charge only if it does not impact on the price of service. Each subsequent change will be charged in the amount of EUR 25,00 per change plus any price difference.

If the End User wishes to change the booked accommodation with another accommodation from the same service provider, provided the change is possible, the Agency will charge a EUR 25,00 change fee and any price difference. If the price of service in the new accommodation is lower than on the previously booked one, the End User is not entitled to any refund.

If a reservation change is not possible and it results in the End User's cancellation of the reservation, the Cancellation Terms stated below will apply.

In case the End User wishes to change the booked accommodation or make any change within 34 days prior to the commencement of the service or during the use of the accommodation, such change will be treated as a cancellation and the Cancellation Terms stated below will apply.

In case the End User should request a change or cancellation of the confirmed reservation, the date the written change/cancellation notice is received will represent the basis for cost calculation. If the notice is received outside business hours, the date which will represent the ground for cost calculation will be the following working day of the Agency.

CANCELLATION TERMS

If the End User cancels the reservation 45 or more days prior to commencement of the service, the Agency shall keep 10% of the total reservation price (also subject to a handling expenses fee of EUR 25,00).

If the End User cancels the reservation 44 to 20 days prior to commencement of the service, the Agency shall keep 50% of the total reservation price.

If the End User cancels the reservation within 19 days prior to commencement of the service, the Agency shall keep 100% of the total reservation price.

In case the End User must cancel the reservation, the Agency will try to find a new user for the same reservation if possible (this depends on the service provider). In case the Agency finds a new user for the same reservation for the total reservation price, the above mentioned fee for the reservation cancellation within 19 days before the beginning date of the service can be reduced to 50%. If the Agency does not find a new user for the same reservation or finds a new user but not for the total reservation price, the above mentioned fees shall apply as stated.

If the End User is entitled to a partial return of until than paid amount, the Agency will make a refund within 45 days from the day of cancellation.

In the event the End User does not arrive at the booked accommodation by the end of the check-in period or the designated departure place and time of the boat transfer on the beginning date of the service, and has not contacted the service provider, the reservation will be cancelled and the paid amount will be used for compensation of service provider's and costs of the Agency. Should the actual costs exceed the amount paid for the reservation, the Agency reserves the right to charge the actual costs incurred and will send an invoice to the End User which he will be obliged to pay within 14 days of receipt thereof.

If, for any reason, the End User cancels the reservation after he/she has arrived at the booked accommodation, the paid amount will be used for compensation of service provider's and costs of the Agency. Should the actual costs exceed the amount paid for the reservation, the Agency reserves the right to charge the actual costs incurred and will send an invoice to the End User which he will be obliged to pay within 14 days of receipt thereof.

If the End User wishes to prolong the usage of the service, he/she must contact the Agency and, if prolongation is possible, follow the Agency's instructions. In case the End User decides to prolong the usage of service directly with the service provider, this represents breach of Agreement between the Agency and the End User. In this case, the End User is responsible for any costs or damages caused to the Agency and the Agency is no longer liable for any consequences that could arise from the End User's action.

AGENCY'S OBLIGATIONS AND LIABILITY

The Agency is responsible for providing services and the selection of service providers while taking into consideration the rights and interests of the End User in accordance with customs and good practice in tourism. The Agency will fulfill the mentioned obligations, except in case of force majeure or circumstances beyond the Agency's control (see Introductory note).

The Agency is not responsible for possible injuries, damages and other even more difficult consequences that may arise on or around the lighthouse for the End User or for a third party for the duration of the service. This also refers to obligations that may arise from the accommodation use which may become due even after the expiration of the reservation. The Agency is also not responsible for postponements or changes of plans of the End User caused by bad weather conditions or other reasons.

The Agency acts as a tourist i.e. travel agency and can be held liable only as such.

AGENCY'S RIGHT TO CHANGES AND CANCELLATIONS

The Agency reserves the right to change or modify a reservation in case of circumstances beyond the Agency's control that can not be predicted, avoided or rectified.

The Agency reserves the right to change the published prices. Should price changes occur prior to the advanced payment being made, the Agency is required to inform the End User about these changes. The End User who made an advance payment for a certain reservation is guaranteed by the Agency the price listed in the Offer based on which the advanced payment was made. In the event that, after the advanced payment has been made, the service provider changes the price, there are changes in the exchange rates, VAT or similar changes, resulting in the increase of the reservation price of 15% or more, the Agency reserves the right to change the reservation price and to charge the price difference from the End User upon consulting him/her. If the Agency or the service provider reduce the price after the End User has made the advanced payment, the End User is not entitled to a new, lower price.

If, for any reason, unless it is the sole responsibility of the End User, the accommodation unit can not be used, the Agency is obliged to insure substitute accommodation of similar or better characteristics and offer it to the End User at the same price as the accommodation that was originally reserved.Should the price of the substitute accommodation unit be higher by 15% or more than the initially booked accommodation, the Agency reserves the right to change the reservation price and to charge the price difference from the End User upon consulting him/her.

In case of inability to insure substitute accommodation, the Agency reserves the right to cancel the reservation and the End User may request a money refund for the days he/she did not use the accommodation unit.

The responsibility of the Agency towards the End User is limited to the amount of the reservation price and he/she is not entitled to any additional compensation.

INSURANCE

Service prices do not include travel insurance. Should the End User request travel insurance, arrangements can be made directly with the insurance company or with the Agency, wherein the Agency acts only as a mediator. The End User is recommended to read the insurance terms and conditions carefully before purchase.

Service prices do not include cancellation insurance. Should the End User suspect that due to certain reasons he might have to cancel the reservation, or wants to insure against cases caused by force majeure, he/she is advised to purchase cancellation insurance. Cancellation insurance cannot be paid for after the reservation has been made, only during the booking process. In case the End User does not have cancellation insurance and is unable to use the services, the Agency reserves the right to refund the End User according to the Cancellation Terms listed in these General Terms and Conditions. In the event of a reservation cancellation, visa application costs and other travel document costs are non-refundable even if the End User has cancellation insurance. If the End User has a cancellation insurance policy, he/she must file all claims with the insurance company which issued the policy, while the Agency is required to provide all necessary documentation related to the claim and the reservation in question. All other insurance terms and conditions are enclosed with the insurance policy and the End User is recommended to read them carefully before purchase.

COMPLAINTS

In the event of unsatisfactory services, immediately upon his/her arrival, the End User is obliged to file a complaint to the service provider's authorized representative and to inform the Agency's office by e-mail at info@adriasoul.com or phone at +385 (0)91 26 38 002 . The End User is obliged to cooperate with the service provider and the Agency in good faith in order to resolve the cause of the complaint. Should the End User accept the proposed solution which corresponds with the service rendered on the spot, neither the Agency nor the service provider are obliged to accept any additional complaints or can be subjected to claim. If the End User chooses not to accept the provided solution, compatible with the paid service, to his/her problem, the Agency shall not be obliged to accept any further complaints. In case the End User leaves on his own initiative, without giving the service provider and the Agency a chance to remedy difficulties which caused the object of complaint, the End User loses the right to request a refund or make a claim for compensation, regardless of the fact that his/her reasons were justified or not.

If the problem has not been resolved after the intervention, the End User is obliged to send a written complaint with all the documents and photographs which verify the basis for the complaint by e-mail at info@adriasoul.com or mail at SOUL TRAVEL d.o.o., Dubrovačka 10, 21000 Split, Croatia, no later then 20 days following the last day of the reservation. The Agency shall take into consideration only properly filed complaints which are received within the 20-day deadline. The Agency is obliged to make a written solution to the complaint within 14 days of receipt of the written complaint. The Agency can postpone the deadline in order to collect evidence and check the claim quotes with the service provider but not for more than 14 days. The Agency will take into consideration only those claims whose cause could not be resolved on the spot.

While the procedure of resolving the complaint is under way, meaning 14 i.e. 28 days after the complaint has been filed, the End User irrevocably relinquishes the right of mediation or arbitration by a third party or institution, as well as publicly disclosing information. During this period, the End User also waives the right to file a suit. The maximum amount of compensation can reach the price of the inadequate part of service but can not include services already provided or the total amount of the reservation. This also excludes the End User's right to indemnification for ideal damages.
The Agency can not be held responsible for weather conditions, temperature or cleanliness of the sea, crowd at the destination, loss or theft of property nor any other similar situations and events which may cause the End User's discontent but are not directly related to the quality of the booked service.

If the End User decides to make a „last minute“ reservation, he/she accepts all the risks of such an agreement. These offers consist of uncertainty of facts upon which the Agency can not influence. The End User accepts such an agreement primarily because of its favorable price and therefore has no right to complain to the Agency and/or the service provider.

PERSONAL INFORMATION SECURITY

The End User provides personal information voluntarily. Personal information is necessary for the process of finding requested services and shall be used for internal communication between the Agency and the End User. The Agency agrees not to distribute the End User's personal information outside of the county's borders nor to third parties if it is not necessary for the purpose of providing requested services. The End User's personal information may be disclosed if the Agency or a third party, processing the End User's information for the purpose of providing requested services, are compelled to do so by law or receive a valid, legally compliant request by a law enforcement or governmental authority. The End User’s information shall be kept in a database in accordance with the decision of the Management. By accepting these General terms and Conditions, the End User gives permission for his/her personal information to be used for the purpose of the Agency's marketing actions.

COURT JURISDICTION

The End User and the Agency shall endeavour to resolve all the disputes that may arise in connection with these General Terms and Conditions in mutual agreement. In case a mutual agreement can not be reached, the parties stipulate the jurisdiction of the authorised court in Split. The competent laws shall be the laws of the Republic of Croatia.

ENDNOTE

This issue of General Terms and Conditions excludes all previously issued General Terms and Conditions.

Split, 10.06.2013.