General terms and conditions for providing tourist services by Smile Agency travel agency

Article 1. GENERAL PROVISIONS

These General Terms and Conditions, for providing tourist services, are an integral part of the Contract - Voucher between the travel agency Smile Agency (hereinafter: Smile Agency) and the travel contractor (hereinafter: Guest). All the information and conditions in the program and in these General Terms are binding for both Smile Agency and the Guest unless otherwise is determined by the Contract. By confirming and paying in full reservation, the Guest confirms that he/she fully accepts these General terms.

Article 2. CONTENT OF THE OFFER

Smile Agency ensures the service according to information published and validated on the day of the reservation, and according to the description and travel period confirmed in the reservation. Smile Agency guarantees said above except in case of force majeure or exceptional circumstances that cannot be foreseen nor prevented. Under force majeure and exceptional circumstances Smile Agency understand: death, sudden sickness or accident with severe physical injury of Guest or a member of close family; war; strike; terrorist actions; natural disasters; limitations issued by the authorities and delays of all transport means. Smile Agency is not obliged to offer services which are not in accordance with these General Terms and Conditions.

Article 3. RESERVATIONS AND PAYMENT

The reservation of Smile Agency services can be made by telephone, fax, and e-mail. The Guest is obligated to provide all correct information which is required for the reservation procedure. By confirming a reservation, signing a contract, a voucher or a booking form, the Guest confirms that he/she is fully aware of these General terms and that he/she accepts them.

The Guest is obligated to make a full payment for a reservation of a service, unless it is stated differently in the Terms and Conditions with which the Guest is familiar with upon confirmation of the reservation.

The payment can be made in Croatia or from abroad using the following methods:

• Cash payment in Croatia: Guests from Croatia can pay for their reservations directly to Smile Agency account by money order.
• Payment by bank transfer from abroad: Guests from abroad can pay for their reservations directly to Smile Agency account by bank transfer.

Reservations and payments should be made by the Guest within 48 hrs after receiving the availability confirmation.

Article 4. SOJOURN TAX

According to the Law on Sojourn Tax of the Republic of Croatia, the Guest is obligated to pay the sojourn tax along with his/her accommodation payment. The sojourn tax is charged as follows:

• Adults: 1€
• Adolescents (12-18): 50% discount
• Children (0-12): free of charge

Article 5. THE AGENCY'S RIGHT TO CHANGES AND CANCELLATIONS

According to the Article 2 of these General Terms Smile Agency reserves the right to make changes of reservations in case of exceptional circumstances which cannot be foreseen, avoided or eliminated. Depending on the reason for changes or cancellation of a reservation Smile Agency will inform the Guest about incurred changes; and then first try to find appropriate alternative service at least with the same standard and with the same price the Guest already paid. If there is no appropriate alternative available Smile Agency will give a full refund of all monies paid.

In case of cancellation of the reservation from Smile Agency, the Guest does not have right to demand from Smile Agency any indemnification of damage besides a full refund as stated above.

Article 6. THE AGENCY OBLIGATIONS

Travel agency Smile Agency is obliged to provide services, to take care about the services provided by its contractors and to select contractors according to the interest of Guests. Smile Agency is also obliged to take care about Guest's rights and interests in accordance with the tradition of the tourism industry. Smile Agency will fulfill obligations stated above, except in case of force majeure and exceptional circumstances (Article 2).

Article 7. THE GUEST'S RIGHT TO CHANGE AND CANCELL RESERVATION

If Guest wishes to change or cancel the reservation, he/she must do so in writing (via e-mail, fax or mail). Smile Agency will approve change only if it is possible. Change of reservation understands: change of number of Guests; change of consumer of service; change of accommodation; change of service and/or change of date of the service.

If it is possible to perform a change of a reservation without additional expenses, the change will be preformed without an extra charge for the Guest. If change of a reservation requires additional expenses, those expenses will be extra charged to the Guest with a prior notice. In case, the Guest does not accept extra charges caused by reservation change or if change of the reservation is not possible, and the Guest for that reason cancel the reservation, conditions for cancelled reservations will be applied as follows unless specified differently in voucher:

• For a reservation cancelled up to 30 days prior to the beginning date of the service, Smile Agency will charge 10% of the total amount of the reservation, or a minimum of 15€
• For a reservation cancelled from 29 to 22 days prior to the beginning of the service, Smile Agency will charge 25% of the total amount of the reservation
• For a reservation cancelled from 21 to 15 days prior to the beginning of the service, Smile Agency will charge 40 % of the total amount of the reservation
• For a reservation cancelled from 14 to 8 prior to the beginning of the service, Smile Agency will charge 80 % of the total amount of the reservation
• For a reservation cancelled from 7 to 0 prior to the beginning of the service, Smile Agency will charge 100 % of the total amount of the reservation
• For a reservation cancelled on the day of the beginning of the service or if Guest does not arrive to the accommodation by midnight on the beginning date of the service, Smile Agency will charge 100 % of the total amount of the reservation

In case of cancellation for exceptional circumstances (Article 2, this Terms and Conditions) the Guest is obliged to present written document issued by the authorized institution. Smile Agency will check authenticity of the document and only if the document is authenticable the Guest will have a right for a full refund.

Smile Agency is obliged to refund amount for cancelled reservation within 60 days of accepted written document issued by the authorized institution in case of exceptional circumstances. If the Guest, who cancels certain reserved and paid service, find new customer for that service, Smile Agency will charge only real additional expenses. New Guest accepts all obligations from these Terms and Conditions.

Article 8. GUEST'S OBLIGATIONS

Guest is obligated to:

• Have valid travel documentation
• respect and abide by all customs and foreign exchange regulations as well as the laws and other regulations of the Republic of Croatia
• enquire whether or not he/she requires a visa for the Republic of Croatia, and if so he/she is obligated to pay expenses for it
• abide by house rules of the accommodation units as well as cooperate with the service providers in a well-intentioned manner
• upon arriving at the destination, present the service provider with the document proving the paid service

If the Guest does not follow these regulations, he/she will be responsible for expenses or damage.

If the Guest is coming with a pet, he/she is obligated to announce in advance number of pets eventually coming, type and size.

The service provider has a right to ask the Guest, upon arrival in the accommodation unit, a deposit as insurance for eventual damage that might occur while the Guest is in the accommodation. The service provider is obligated to return the given deposit upon the Guest's departure with subtraction if damage occurred.

Article 9. SETELMENT OF COMPLAINTS

Smile Agency is not responsible for the damaged, lost or stolen luggage or any valuables kept in the accommodation. Lost or stolen luggage or valuables is to be reported to the service provider and the police.

The Guest has a right on reclamation for paid services that are not preformed. If the Guest is not satisfied with the service which is preformed, he/she can submit complaint in writing or via e- mail.

Procedure of reclamation:

• the Guest is obligated to report complaint to the service provider upon arrival and about that inform Smile Agency
• if the reason for reclamation occurred during a stay, the Guest is obligated to report complaint upon occurrence
• the Guest is obligated to cooperate with the service provider and agency Smile Agency with intention to eliminate causes of the reclamation
• if the Guest accept the proposed solution which corresponds with the service rendered on the spot, the Smile Agency is not obligated to take additional complaints into consideration
• If the problem is not resolved on the spot following an intervention, the Guest is obligated to submit a written complaint along with supporting documents as well as any photographs to support the complaint to the agency Smile Agency by e-mail: info (at) smile-agency.com .Until a decision has been made by the Agency, the Guest relinquishes the right to involve a third party, the arbitration of the UHPA or other institutions, publicly disclosing information as well as filing suit
• the highest amount of compensation per complaint can amount to the complaint portion of the service
• Smile Agency is not responsible for eventual adverse weather conditions, noise, cleanliness of the street of objects in the neighborhood of the service provider
• If the Guest does not reclaim the service on the spot, he/she cannot fulfill right for a refund

The service provider has also a right for reclamation if he/she thinks that any damage is done. The Guest by confirming reservation accepts to pay any damage at the spot.

Article 10. PERSONAL INFORMATION SECURITY

The Guest's personal information is required for processing requested service. The Guest personal information gives of his/hers own free will and it will be used for communication between the Guest and the agency. Smile Agency is under obligation that personal information will not be given to a third party except for the purpose of carrying out the requested service.

Article 11. FINAL PROVISIONS

If any of the parties finds the resolution to the dispute unsatisfactory, they are entitled to file for court arbitration. Any such dispute shall come under the competence of the Council Court in Split.

Split, November 2008